Agenda packet — Fairfield City Council, September 16, 2025 (part 4 of 9)

10 Revised 1/26/2024
EXHIBIT “B”

PAYMENT
1) The total contract price for services rendered by CONSULTANT under this Agreement shall not exceed TWO HUNDRED SEVENTEEN THOUSAND EIGHT HUNDRED AND THIRTY-SEVEN DOLLARS WITH SEVENTY-THREE CENTS ($217,837.73) as described and as shown in the attached Proposed Estimate spread sheet.
2) Payment shall be made to CONSULTANT on a time and materials basis, and CONSULTANT shall submit monthly invoices to the City of Fairfield, Public Works Department, Attention: pw- [email protected].
3) Any additional meetings or work required beyond that set forth in Exhibit “A” shall be mutually agreed to in writing by the CITY and CONSULTANT and shall be billed on a time and materials basis to the City of Fairfield, Public Works Department, Attention: Alvin Lei

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Jepson Parkway Project, Phase 2B/2C
City of Fairfield
20251666.P
5/30/2025
Hourly Rate ($/ hour) $72.10 $79.33 $105.36 $43.38 $45.09 $37.96 $31.11 $43.69 $34.72 $35.00 $38.99 ICR: Overhead Rate
Profit
Multiplier
% in Year Escalation
50% Year 1 $250.99 $276.16 $366.78 $151.01 $156.97 $132.15 $108.30 $152.09 $120.87 $121.84 $135.73 50% Year 2 $263.54 $289.97 $385.11 $158.56 $164.81 $138.75 $113.71 $159.70 $126.91 $127.93 $142.52 100%Weighted Average $257.27 $283.07 $375.95 $154.79 $160.89 $135.45 $111.01 $155.89 $123.89 $124.89 $139.12 Phase 01 Project Initiation

1.1 Initial Assessment 2.00 6.00 8.00 16.00 $3,296.52

1.2 Project Description 2.00 6.00 12.00 6.00 3.00 29.00 $5,191.05

4.00 12.00 0.00 0.00 0.00 20.00 0.00 6.00 0.00 0.00 3.00 45.00 $8,487.57 Phase 02 Technical Studies

2.1 Air Quailty Studies 4.00 10.00 24.00 51.00 102.00 10.00 22.00 223.00 $39,523.27

2.2 Noise Studies - NSR 1.00 3.00 11.00 60.00 12.00 82.00 12.00 16.00 197.00 $29,719.92

2.2 Noise Studies - NADR (Optional)1.00 5.00 3.00 40.00 4.00 4.00 2.00 6.00 65.00 $11,368.39

2.3 Biological Studies 1.00 2.00 10.00 12.00 14.00 4.00 4.00 47.00 $9,589.89

2.4 Aesthetics/Visual Studies 1.00 4.00 2.00 2.00 9.00 $1,972.22

2.5 Hazardous Materials/Waste Coordination 1.00 4.00 12.00 4.00 4.00 25.00 $4,194.99

2.6 Farmland Impact Coordination - NRCS Form 1.00 2.00 4.00 2.00 1.00 10.00 $1,816.11

2.6 Farmland Impact Coordination - Impact Memorandum (Optional) 1.00 3.00 14.00 2.00 4.00 24.00 $3,871.03

2.7 Hydraulic Studies 1.00 6.00 4.00 2.00 13.00 $2,809.2440000$0 0012.00 39.00 48.00 0.00 163.00 168.00 86.00 40.00 0.00 0.00 57.00 613.00 $104,865.06 Phase 03 NEPA Revalidation

3.1 NEPA Revalidation Form 3.00 12.00 42.00 8.00 10.00 75.00 $12,495.83

3.00 12.00 0.00 0.00 0.00 42.00 0.00 8.00 0.00 0.00 10.00 75.00 $12,495.83 Phase 04 Project Management and Meetings

4.1 Project Management 4.00 36.00 40.00 $11,219.42

4.2 Project Meetings 4.00 30.00 6.00 10.00 50.00 $11,840.86

8.00 66.00 0.00 0.00 6.00 10.00 0.00 0.00 0.00 0.00 0.00 90.00 $23,060.27

27.00 129.00 48.00 0.00 169.00 240.00 86.00 54.00 0.00 0.00 70.00 823.00 $148,908.73 (1)Earthview Science $17,970.00
(2)Avila and Associates Consultant Engineers, Inc.$49,549.00 $67,519.00
Lodging/Meals $120.00
Records Search $0.00
Reproduction $0.00
Aerial Drone $0.00
Mileage $840.00
GPS Units $150.00
$1,410.00
Total $217,837.73
LSA
Subtotal Reimbursable Expenses
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Phase 03 NEPA Revalidation Subtotal
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11Page 381 of 1141

ID Task
Mode
Task Name Duration Start Finish Predecessors
1 Final Design - 2B/2C 20 days Mon 5/12/25 Fri 6/6/25
2 Traffic Impacts Technical Memorandum 65 days Mon 6/9/25 Fri 9/5/25 3 Prepare Draft Traffic Impacts Technical
Memorandum
25 days Mon 6/9/25 Fri 7/11/25 1
4 City/Caltrans Review 20 days Mon 7/14/25 Fri 8/8/25 3 5 Prepare Final Traffic Impacts Technical
Memorandum
10 days Mon
8/11/25
Fri 8/22/25 4
6 City/Caltrans Approval 10 days Mon 8/25/25 Fri 9/5/25 5 7 Taks 1 - Project Initiation 86 days Mon 6/9/25 Mon 10/6/25 8 Task 1.1 - Initial Assessment 15 days Mon 6/9/25 Fri 6/27/25 1 9 Identification of Updates 10 days Mon 6/9/25 Fri 6/20/25 1 10 Confirmation of Environmental
Requirements
15 days Mon 6/9/25 Fri 6/27/25 9FF
11 Task 1.2 - Project Description 86 days Mon 6/9/25 Mon 10/6/25 12 Preparation of Draft Project Descripti 15 days Mon 6/9/25 Fri 6/27/25 10SS 13 Design Team Review/Revisions 5 days Mon 6/30/25 Fri 7/4/25 12 14 City/Caltrans Review 15 days Mon 7/7/25 Fri 7/25/25 13 15 Preparation of Final Project Descriptio5 days Mon 7/28/25 Fri 8/1/25 14 16 City/Caltrans Approval 10 days Mon 8/4/25 Fri 8/15/25 15 17 TIP Update 36 days Mon 8/18/25Mon 10/6/25
18 Draft TIP Update 5 days Mon 8/18/25 Fri 8/22/25 16
19 Caltrans Review 10 days Mon 8/25/25 Fri 9/5/25 18
20 Final TIP Update 5 days Mon 9/8/25 Fri 9/12/25 19
21 Coordination with MPO 15 days Mon 9/15/25 Fri 10/3/25 20 22 TIP Listing Finalized 1 day Mon 10/6/25 Mon 10/6/2521 23 Task 2 - Technical Studies 236 days Mon 6/30/25Mon 5/25/26 24 Task 2.1 - Air Quality Studies 196 days Mon 8/25/25Mon 5/25/26 25 Air Quality Report (AQR)130 days Mon 8/25/25Fri 2/20/26 26 Draft AQR 30 days Mon 8/25/25 Fri 10/3/25 16,5
27 City/Caltrans Review 20 days Mon 10/6/25 Fri 10/31/25 26 28 Prepare POAC Materials 20 days Mon 11/3/25 Fri 11/28/25 27 29 City/Caltrans Review 20 days Mon 12/1/25 Fri 12/26/25 28 30 POAC Workshop/Agency Concurren40 days Mon 12/29/2 Fri 2/20/26 29 31 Air Quality Conformity Analysis (AQC66 days Mon 2/23/26Mon 5/25/26 32 Prepare Draft AQC
Letter/Checklist/Public Notice
10 days Mon
2/23/26
Fri 3/6/26 30
33 City/Caltrans Review 15 days Mon 3/9/26 Fri 3/27/26 32 34 Prepare Final AQC
Letter/Checklist/Notice
5 days Mon
3/30/26
Fri 4/3/26 33
35 Submit AQC Letter/Checklist to FHW0 days Fri 4/3/26 Fri 4/3/26 34 36 Public Notice Period 25 days Mon 4/6/26 Fri 5/8/26 35 37 Address FHWA comments 10 days Mon 5/11/26Fri 5/22/26 36 38 FHWA approval 1 day Mon 5/25/26Mon 5/25/2637
39 Task 2.2 - Noise Studies 120 days Mon 8/18/25Fri 1/30/26 40 Noise Study Report (NSR)70 days Mon 8/18/25Fri 11/21/25 41 Prepare Draft NSR 30 days Mon 8/18/25 Fri 9/26/25 16 42 City/Caltrans Review 20 days Mon 9/29/25 Fri 10/24/25 41 43 Prepare Final NSR 10 days Mon 10/27/2 Fri 11/7/25 42 44 City/Caltrans Approval 10 days Mon 11/10/2 Fri 11/21/25 43 45 Noise Abatement Decision Report
(NADR) (OPTIONAL)
60 days Mon
11/10/25
Fri 1/30/26
46 Prepare Draft NADR 20 days Mon 11/10/2 Fri 12/5/25 43 47 City/Caltrans Review 20 days Mon 12/8/25 Fri 1/2/26 46 48 Prepare Final NADR 10 days Mon 1/5/26 Fri 1/16/26 47 49 City/Caltrans Approval 10 days Mon 1/19/26Fri 1/30/26 48 50 Task 2.3 - Biological Resources 65 days Mon 8/18/25Fri 11/14/25 51 Biological Techncial Memorandum 65 days Mon 8/18/25Fri 11/14/25 52 Prepare Draft Biological Technical
Memorandum
25 days Mon
8/18/25
Fri 9/19/25 16
53 City/Caltrans Review 20 days Mon 9/22/25 Fri 10/17/25 52 54 Prepare Final Biological Technical
Memorandum
10 days Mon
10/20/25
Fri 10/31/25 53
55 City/Caltrans Approval 10 days Mon 11/3/25 Fri 11/14/25 54 56 Task 2.4 - Aesthetics/Visual Studies 90 days Mon 8/18/25Fri 12/19/25 57 Visal Impact Assessment (VIA)
Memorandum
90 days Mon
8/18/25
Fri 12/19/25
58 Prepare Draft VIA Memorandum 45 days Mon 8/18/25 Fri 10/17/25 16 59 City/Caltrans Review 20 days Mon 10/20/2 Fri 11/14/25 58 60 Prepare Final VIA Memorandum 15 days Mon 11/17/2 Fri 12/5/25 59 61 City/Caltrans Approval 10 days Mon 12/8/25 Fri 12/19/25 60 62 Task 2.5 - Hazardous Materials/Waste
Coordination
65 days Mon
8/18/25
Fri 11/14/25
63 Hazardous Waste Technical
Memorandum
65 days Mon
8/18/25
Fri 11/14/25
64 Prepare Draft Hazardous Waste
Technical Memorandum
25 days Mon
8/18/25
Fri 9/19/25 16
65 City/Caltrans Review 20 days Mon 9/22/25 Fri 10/17/25 64 66 Prepare Final Hazardous Waste
Techncial Memorandum
10 days Mon
10/20/25
Fri 10/31/25 65
67 City/Caltrans Approval 10 days Mon 11/3/25 Fri 11/14/25 66 68 Task 2.6 - Farmland Impact Coordinatio106 days Mon 8/18/25Mon 1/12/26 69 NRCS-CPA-106 Form 41 days Mon 8/18/25Mon 10/13/2
70 Prepare NRCS-CPA-106 Form 15 days Mon 8/18/25 Fri 9/5/25 16 71 City/Caltrans Review 20 days Mon 9/8/25 Fri 10/3/25 70 72 Prepare Final NRCS-CPA-106 Form 5 days Mon 10/6/25 Fri 10/10/25 71 73 Transmit Form to NRCS 1 day Mon 10/13/2 Mon 10/13/272 74 Farmland Impact Assessment
Memorandum (Optional)
65 days Tue
10/14/25
Mon
1/12/26
75 Prepare Draft Farmland Impact
Assessment Memorandum
25 days Tue
10/14/25
Mon
11/17/25
73 76 City/Caltrans Review 20 days Tue 11/18/25Mon 12/15/275 77 Prepare Final Farmland Impact
Assessment Memorandum
10 days Tue
12/16/25
Mon
12/29/25
76 78 City/Caltrans Approval 10 days Tue 12/30/25Mon 1/12/2677 79 Task 2.9 - Hydrualic Studies 160 days Mon 6/30/25Fri 2/6/26 80 Location Hydrualic Study (LHS)160 days Mon 6/30/25Fri 2/6/26 81 Prepare Draft LHS 100 days Mon 6/30/25 Fri 11/14/25 10 82 City/Caltrans Review 20 days Mon 11/17/2 Fri 12/12/25 81 83 Preprae Final LHS 20 days Mon 12/15/2 Fri 1/9/26 82
84 City/Caltrans Review 20 days Mon 1/12/26Fri 2/6/26 83 85 Task 3 - NEPA Revalidation 85 days Mon 1/12/26Fri 5/8/26 86 Prepare Draft Revalidation 30 days Mon 1/12/26Fri 2/20/26 28,42,47,53,59,65 87 City/Caltrans Review 20 days Mon 2/23/26Fri 3/20/26 86 88 Prepare Final Revalidation 15 days Mon 3/23/26Fri 4/10/26 87 89 City/Caltrans Approval 20 days Mon 4/13/26Fri 5/8/26 88 4/3
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Qtr 3, 2025 Qtr 4, 2025 Qtr 1, 2026 Qtr 2, 2026
Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress

Page 1 ends

Project: Jepson-Parkway-Phase
Date: Fri 5/30/25
12

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13 Revised 1/26/2024
EXHIBIT “C”

GENERAL PROVISIONS
1)INDEPENDENT CONSULTANT. At all times during the term of this Agreement, CONSULTANT shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONSULTANT only insofar as the results of CONSULTANT's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement. 2)LICENSES; PERMITS; ETC. CONSULTANT represents and warrants to CITY that CONSULTANT has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONSULTANT to practice CONSULTANT's profession. CONSULTANT represents and warrants to CITY that CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONSULTANT to practice his profession.
3)TIME. CONSULTANT shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONSULTANT's obligations pursuant to this Agreement. CONSULTANT shall adhere to the Schedule of Activities as described in their Executive Summary.
4)CONSULTANT NOT AN AGENT. Except as CITY may specify in writing, CONSULTANT shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent.

CONSULTANT shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever.
5)ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
6)PERSONNEL. CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. 7)STANDARD OF PERFORMANCE. CONSULTANT shall perform all services required pursuant to this Agreement. Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged in the geographical area in which CONSULTANT practices his profession. All products which CONSULTANT delivers to CITY pursuant to this Agreement shall be prepared in a workmanlike manner, and conform to the standards of quality normally observed by a person practicing in CONSULTANT's profession. CITY shall be the sole judge as to whether the product of the CONSULTANT is satisfactory.
8)CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONSULTANT. CONSULTANT is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice

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14 Revised 1/26/2024
to cease work on the project. CONSULTANT shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY. 9)PRODUCTS OF CONSULTING. All products of the CONSULTANT provided under this Agreement shall be the property of the CITY.
10)INDEMNIFY AND HOLD HARMLESS.
a)If AGREEMENT is an agreement for design professional services subject to California Civil Code § 2782.8(a) and CONSULTANT is a design professional, as defined in California Civil Code §2782.8(c)(2), to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY and its elected officials, officers, agents, employees and designated volunteers (collectively “CITY Indemnitees”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT’s proportionate percentage of fault. CONSULTANT’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT’s percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
b)If AGREEMENT is not an agreement for design professional services subject to California Civil Code § 2782.8(a) or CONSULTANT is not a design professional as defined in California Civil Code §2782.8(c)(2), to the fullest extent allowed by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY Indemnitees from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONSULTANT or any person directly or indirectly employed by or acting as agent for CONSULTANT in the performance of this Agreement, including the concurrent or successive passive negligence of the CITY Indemnitees.

It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.

Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.

CONSULTANT’S responsibility for such defense and indemnity shall survive termination or completion of this agreement for the full period of time allowed by law. 11)PROHIBITED INTERESTS. No employee of the CITY shall have any direct financial interest in this agreement. This agreement shall be voidable at the option of the CITY if this provision is violated.

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15 Revised 1/26/2024
12)LOCAL EMPLOYMENT POLICY. The CITY desires wherever possible, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County.

The CITY encourages an active affirmative action program on the part of its contractors, consultants, and developers. When local projects require, subcontractors, contractors, consultants and developers will solicit proposals from qualified local firms where possible.

As a way of responding to the provisions of the Davis-Bacon Act and this program, contractor, consultants, and developers will be asked, to provide no more frequently than monthly, a report which lists the employee's name, job class, hours worked, salary paid, city of residence, and ethnic origin. 13)CONSULTANT NOT A PUBLIC OFFICIAL. CONSULTANT is not a "public official" for purposes of Government Code §§ 87200 et seq. CONSULTANT conducts research and arrives at his or her conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONSULTANT possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel. 14)EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS. When the CITY executes an agreement for or makes payment to CONSULTANT in the amount of $600 (six hundred dollars) or more in any one calendar year, CONSULTANT shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a)Whether CONSULTANT is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, non-profit corporation or other form of organization.
b)If CONSULTANT is doing business as a sole proprietorship, CONSULTANT shall provide the full name, address and social security number of the sole proprietor. c)If CONSULTANT is doing business as other than a sole proprietorship, CONSULTANT shall provide CONSULTANT’S federal tax identification number.

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16 Revised 1/26/2024
EXHIBIT “D”

INSURANCE REQUIREMENTS
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. 1)MINIMUM SCOPE AND LIMITS OF INSURANCE
a)Commercial General Liability coverage (occurrence Form CG 00 01) with minimum limits of $1,000,000 per occurrence for bodily injury, personal injury, products and completed operations, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b)Automobile Liability coverage (Form CA 00 01 with Code 1 – any auto) with minimum limits of $1,000,000 per accident for bodily injury and property damage. c)Workers’ Compensation insurance as required by the State of California and Employers’ Liability insurance, each in the amount of $1,000,000 per accident for bodily injury or disease. 2)INDUSTRY SPECIFIC COVERAGES
If checked below, the following insurance is also required.

Professional Liability Insurance / Errors and Omissions Liability in the minimum amount of $1,000,000 per occurrence.

Pollution Liability Insurance in the minimum amount of $1,000,000 per occurrence Garage Keepers Insurance in the minimum amount of $1,000,000 per occurrence Fidelity / Crime / Dishonesty Bond in the minimum amount of $____________ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants
Builder’s Risk / Course of Construction Insurance in the minimum amount of $__________. 3)INSURANCE PROVISIONS
a)DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b)The general and automobile liability policies (and if applicable, pollution liability, garage keepers X

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17 Revised 1/26/2024
liability and builder’s risk policies) are to contain, or be endorsed to contain, the following provisions:
i)The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied or used by the CONSULTANT; and automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees or volunteers. ii)For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the CITY, its officers, officials, employees or volunteers shall be in excess of the CONSULTANT’S insurance and shall not contribute with it. iii)Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
iv)The CONSULTANT’S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. v)Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the CITY.
vi)The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the CONSULTANT’S policy limits of coverage.

Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. c)ACCEPTABILITY OF INSURER. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY.

VERIFICATION OF COVERAGE. CONSULTANT shall furnish the CITY with original endorsements effecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf; on forms equivalent to CG 20 10 11 85, subject to CITY approval; and submitted electronically through the Exigis insurance system to: [email protected].

All insurance certificates and endorsements are to be received and approved by the CITY before work commences. At the request of the CITY, CONSULTANT shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. d) SUB-CONTRACTORS. CONSULTANT shall require all subcontractors to procure and maintain insurance policies subject to the requirements of Exhibit D. Failure of CONSULTANT to verify existence of sub- contractor’s insurance shall not relieve CONSULTANT from any claim arising from sub-contractors work on behalf of CONSULTANT.

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Agenda Item No: K.12

AGENDA REPORT
DATE: September 16, 2025

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2025-186 PW Nichols Consulting Engineers, Chtd. Design Fiscal Year 2025 Professional Services Agreement Amendment

Authorizing the City Manager to Execute Amendment No. 2 to the Professional Services Agreement Between the City of Fairfield and Nichols Consulting Engineers, Chtd. for Engineering Design Services for Fiscal Years 2024 and 2025 Capital Improvement Projects on the 2026 Rancho Solano Pavement Maintenance Project

Funding Source: $169,800; Smith Ranch Maintenance District

Contact: Pavan Prasad, (707) 428-7431

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Design efforts are currently underway for the 2026 Rancho Solano Maintenance Project (Project, CPW070082). During the conceptual planning phase, staff determined it would be more efficient to consolidate the projects in the Rancho Solano neighborhoods into one single, comprehensive paving project. This approach aims to minimize overall disruption to the public compared to executing multiple phased projects over several years. Staff requested a detailed cost proposal from Nichols Consulting Engineers, Chtd. (NCE) and negotiated a scope of work and fee for the Project in the amount of $269,800.

The Professional Services Agreement (PSA) originally allocated an engineering design amount of $100,000 for Project. Adoption of this resolution authorizes the city manager to execute Amendment No. 2 with NCE to increase the PSA by $169,800.

DISCUSSION
The Project will resurface approximately 11 centerline miles of Rancho Solano Parkway using a two-step pavement treatment designed to extend the pavement’s lifespan. The Project also

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proposes to install Class-II bike lanes in addition to replacing curb ramps for compliance with the Americans with Disability Act (ADA). In addition to pavement maintenance along Rancho Solano Parkway, the Project includes resurface residential roadways in the following neighborhoods:

 Oak Hills
 Seminole
 Ascot Hills
 Shadow Wood

The Project will build upon improvements proposed for the 202 5 Rancho Solano Pavement Maintenance Project which will utilize the same pavement treatment to resurface approximately 5 centerline miles of residential roadway in the following neighborhoods:

 Westfield
 Andalucia
 Oak Crest
 First Green at Rancho Solano

Due to the similarity in scope of work, project locations, and construction schedules, the two projects will be value engineered and consolidated into a single construction package to capitalize on competitive pricing through economies of scale . Construction of a single consolidated project will also reduce the overall construction impact to the public, as opposed to completing two separate projects during different timeframes.

Procurement Process
In October 2023, the City issued a Request for Qualifications (RFQ) for design services for infrastructure projects under the FY 2024–2025 Capital Improvement Program. The RFQ included pavement maintenance projects with a design budget of $100,000 each. After reviewing submissions from eleven firms, NCE was selected for both pavement maintenance projects based on their expertise in pavement management and familiarity with City standards.

On February 20, 2024, the City Council adopted Resolution No. 2024-32 authorizing the city manager to execute a PSA with NCE for design services for a total amount not-to-exceed $400,000. The PSA includes three projects: Matt Garcia Park Community Park Phase 1 ($200,000), 2025 Rancho Solano Maintenance Project ($100,000) and 2026 Rancho Solano Maintenance Project ($100,000). In April 2025, staff executed Amendment No. 1 that extended the term of the contract through June 2027.

NCE’s scope of work includes collecting and analyzing data on existing infrastructure and identifying roadway segments that may require subsurface treatment based on existing conditions. Additionally, NCE will survey and assess existing ADA curb ramps along Rancho Solano Parkway to determine whether replacements are necessary to comply with current ADA standards, utility notifications and takeoff quantity. The Project deliverables are construction

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ready plans, specifications and estimate. As part of their services, NCE will also provide bidding and construction support, including responding to any design-related questions that may arise from contractors.

As the PSA currently limits the Project design authorization t o $100,000, staff recommends approval of Amendment 2 to increase the Project’s design authorization to $269,800. The additional costs are attributed to an expanded scope of work, which now includes Rancho Solano Parkway, new bike lanes, ADA curb ramp replacements, and inflation escalation over the two - year period since the initial budget was established. This revised amount was determined to be fair and reasonable for services required to consolidate two projects and prepare construction ready bid documents. Approval of this amendment will increase the PSA maximum fee by $169,800 for a total not-to-exceed amount of $569,800.

FINANCIAL IMPACT
The design authorization for this Project will be increased from $100,000 to $269,800.

Authorization of Amendment No. 2 will increase the contract maximum fee by $169,800 resulting in a new not-to-exceed total amount of $569,800. Funding in the amount of $5,100,000 has been budgeted from the Smith Ranch Maintenance District funding (Fund 178) for the design and construction of the Project.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
The council may delay approval of the amendment so that staff can address any council concerns.

COORDINATED WITH
N/A

STAFF CONTACT
Pavan Prasad, Junior Engineer
(707) 428-7431
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Amendment
Attachment 4: Proposal for Design, dated August 6, 2025

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CITY OF FAIRFIELD

RESOLUTION NO. 2025-186

AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL

SERVICES AGREEMENT BETWEEN THE CITY OF FAIRFIELD AND NICHOLS CONSULTING ENGINEERS, CHTD. FOR ENGINEERING DESIGN SERVICES FOR FISCAL YEARS 2024 AND 2025 CAPITAL IMPROVEMENT PROJECTS ON THE 2026 RANCHO SOLANO PAVEMENT

MAINTENANCE PROJECT

WHEREAS, on February 20, 2024, the City Council adopted Resolution No. 2024-32 authorizing the city manager to execute a Professional Services Agreement (PSA) with Nichols Consulting Engineers, Chtd. (NCE) for a total amount not-to-exceed $400,000 for fiscal year (FY) 2024-2025; and

WHEREAS, on April 23, 2025, Amendment No. 1 was executed and extended the terms of the PSA through June 30, 2027; and

WHEREAS, during the conceptual planning phase, staff determined it would be more efficient to consolidate the projects in the Rancho Solano neighborhoods into one single, comprehensive paving Project; and

WHEREAS, NCE is willing and qualified to provide design services for capital improvement project; and

WHEREAS, Amendment No. 2 will increase total PSA authorization by $169,800 to provide engineering design services for the 2026 Rancho Solano Pavement Maintenance Project.

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

Section 1. The city manager is hereby authorized and directed to execute on behalf of City of Fairfield Amendment No. 2 to the PSA between the City of Fairfield and NCE increasing the authorization by $169,800 for an amount not-to-exceed $569,800.

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

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RES. NO. 2025-186

Page 2 ends

PASSED AND ADOPTED this 16th day of September 2025, by the following vote:

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DESIGN SERVICES FOR FISCAL YEARS 2024 AND 2025 CAPITAL IMPROVEMENT PROJECTS BETWEEN THE CITY OF FAIRFIELD AND NICHOLS CONSULTING ENGINEERS, CHTD. (NCE)

On February 26, 2024, the City of Fairfield, a municipal corporation, hereinafter referred to as “CITY,” and Nichols Consulting Engineers, Chtd, hereinafter referred to as “CONSULTANT,” entered into an agreement for professional design services for fiscal years 2024 and 2025 capital improvement projects.

Based upon the revised scope of work and need for continued work outside the term of the agreement, the CITY and CONSULTANT do hereby agree to amend the existing PROFESSIONAL SERVICES AGREEEMENT as follows:

WITNESSETH:

WHEREAS, CITY desires to contract for certain consulting design work necessary for the preparation of construction documents and provide construction assistance support for fiscal years 2024 and 2025 capital improvement projects, and for the purposes of the Agreement shall be called “PROJECTS;” and

WHEREAS, the CONSULTANT is providing design services for fiscal years 2024 and 2025 capital improvement projects; and

WHEREAS, Amendment No. 1 extended the terms of the PSA through June 30, 2027; and

WHEREAS, CONSULTANT is willing and qualified to provide design services for the PROJECTS; and

WHEREAS, Amendment No. 2 will increase total PSA authorization by $169,800 to provide engineering design services.

NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein set forth, the parties do hereby agree as follows:

EXHIBIT “A”, Project Table, shall be amended to the following:

Project Name Design Budget
Matt Garcia Park Phase 1 $200,000
2025 Rancho Solano Pavement Maintenance $100,000
2026 Rancho Solano Pavement Maintenance $269,800

EXHIBIT “B”, Section 1 of the AGREEMENT, shall be amended to the following:

The total contract price for services rendered by the CONSULTANT under this Agreement shall not exceed $569,800, or as amended, in accordance with the hour

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rates specified on the following page. Each January 1st of subsequent years, the CONSULTANT’S rates shall not exceed the most current available increase in the Consumer Price Index. The term “Consumer Price Index” means the average of the percent change in Consumer Price Index for Urban Wage Earners and Clerical Workers, as reported by the Bureau of Labor Statistics or successor agency, from the October preceding the annual contract adjustment over the preceding October, for the San Francisco Bay Area, the Western Urban Region, and the U.S. Cities indices.

WHEREOF, the parties hereto have executed this Amendment on the ___ day of __________________20___.

CITY OF FAIRFIELD
A municipal corporation (CITY)

City Manager

CONSULTANT
By: _______________________________

Principal, NCE

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City of Fairfield
2026 Rancho Solano Pavement Maintenance Project
Scope of Work
August 19, 2025
Page | 1

PROJECT UNDERSTANDING
The City would like to retain NCE to develop plans, specifications, and engineer’s estimate (PS&E) for the 2026 Rancho Solano Pavement Maintenance Project. We recently completed the 100% draft PS&E for the 2025 Rancho Solano Pavement Maintenance Project for the resurfacing of about 5 centerline miles of rubberized cape seal (RCS) west of the Rancho Solano Parkway. This project will include a second phase of RCS application to approximately 11 centerline miles of streets in the Rancho Solano neighborhood east of Rancho Solano Parkway and a microsurfacing treatment on all of Rancho Solano Parkway from Mankas Corner Road to the end, as shown on the attached street list. It is assumed that plans will be prepared in a similar fashion to the 2025 Rancho Solano Pavement Maintenance Project. Improvement plan and striping sheets will be combined for the neighborhood streets given the simplicity of information being presented including RCS treatment limits, utility cover protections and adjustments, limited residential type striping, and base repair table quantities. Improvement and striping plans will be separate sheets and be drawn at a larger scale (typically 1:20) for Rancho Solano Parkway. Striping updates for Rancho Solano Parkway include striping for Class II bike lanes. We understand from the City that base repair quantities should be limited based on the condition of the pavement.

The City has also indicated that all streets within the neighborhood are private and that the City is responsible for maintenance of the street pavements only and not sidewalk, curb and gutter, or curb ramps. Therefore, ADA compliant curb ramps are not included in the neighborhood improvements and concrete repairs for curb and gutter and sidewalk are generally not included in the neighborhood improvements except for limited areas where the condition impacts the pavement rehabilitation or drainage based on visual observations.

Rancho Solano Parkway will be evaluated for ADA compliance including new, reconstructed or retrofitted curb ramps.

The City would like to begin design in August 2025, bidding in Winter 2025, and construction in Spring 2026. This project is anticipated to be bid in a package that includes the 2025 Rancho Solano Pavement Maintenance Project, which will require coordination to finalize and package together for bidding.

Key Assumptions
To deliver the most cost-effective design strategy, NCE has made the following key assumptions:

City’s Responsibilities
NCE has assumed that the City will be able to provide the following to the extent available:

1.Information regarding utilities (i.e., water, sanitary sewer, electrical, and storm drain), boundary, right-of- way, and property limits, and existing construction as available.

2.Aerial maps for base-mapping information.

3.Project requirements, including design objectives, budget, constraints, and criteria.

4.Existing technical specifications in Caltrans format as a Word Document as the basis for developing new technical specifications.

5.City Standard Provisions and Standard Design Criteria.

6.Electronic files of the City’s cover sheet template, if preferred.

7.Front End specifications.

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City of Fairfield
2026 Rancho Solano Pavement Maintenance Project
Scope of Work
August 19, 2025
Page | 2
Pavement Testing and Design
No pavement deflection testing, coring, or pavement design is included. Within the private neighborhood, the City would like to use RCS on all street sections with isolated base repairs. On Rancho Solano Parkway, the City would like to use microsurfacing with isolated base repairs.

Topographic Surveying, Base Maps, and Right‐of‐Way

1.To provide a cost-effective design, RCS street sections will only include simple improvement and striping sheets on vicinity maps showing limits of RCS, striping types and quantities, utility cover locations for protection and/or adjustment, limited concrete repairs, and base repair quantity tables. Base repairs will be marked in the field on the pavement in white paint and numbered and verified prior to construction by the City’s CM and NCE.

2.Rancho Solano Parkway has been identified for microsurfacing treatment, striping including Class II bike lanes, and ADA curb ramp improvements. The improvements will be shown on City aerial base maps for street layout plans showing the alignment and stationing of the roadway, striping, curb ramps, etc. Plan sheets will include curb ramps, striping, and base repair locations and schedules. Base repairs will be marked in the field on the pavement in white paint and numbered and verified prior to construction.

3.A critical assumption is that all improvement work will be within City right-of-way or maintenance districts as this impacts the level of effort required for the completion of design.

4.Design sheet information will be based on field inventories and approximate field measurements to verify items such as utility covers, striping, and street widths and lengths.

5.Again, to provide cost-effective design, our scope does not include any topographic surveys with the assumption that the project will not include significant drainage improvements, complex changes in street geometry or intersection improvements, or full pavement section reconstruction. Should we determine that aerial base maps are not sufficient and topographic information is required for developing improvements such as more complex pavement geometries and/or streets that may need to be reconstructed, we can provide topographic survey work at an additional cost.

Utility Coordination and Location

1.Assumes no lowering or relocation of utilities.

2.No utility coordination is included.

3.No utility alignments will be shown on plans.

4.Utility covers will be field located approximately and inventoried for the purposes of placing onto plan sheets and developing bid quantities for protection and/or adjustment of utility covers.

Traffic Striping

1.Given the generally residential nature of this paving project, individual traffic striping plans will not be developed for the private neighborhood improvement sheets, and vicinity maps will only include striping tables with types and quantities. If necessary, we will include additional striping details for schematic purposes or to show how custom applications of striping are to be completed.

2.Traffic striping plans will only be developed for Rancho Solano Parkway, which is identified for striping improvements including Class II bike lanes. It is assumed that the addition of Class II bike lanes will be achieved with striping and delineators. This scope currently does not include design of road diet, changes

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City of Fairfield
2026 Rancho Solano Pavement Maintenance Project
Scope of Work
August 19, 2025
Page | 3
in lane configurations, or substantial changes to the roadway geometries. It is understood that the City wishes to maintain 11’ lanes for vehicular traffic.

3.Traffic striping will generally be a combination of matching existing striping and updates to striping based on City policies and CA MUTCD.

4.The fee includes an allocation ($8,000) for a traffic engineer to review striping on Rancho Solano Parkway throughout each stage of design.

Traffic Control Plans
Traffic control plans are not included in this scope of work. We have assumed, as is typical, to have the contractor prepare traffic control plans in accordance with project technical specifications and requirements and submit them to the City traffic engineering group for review.

Curb Ramps
Curb ramp replacement is not included in the private neighborhood improvements.

Curb ramps will be evaluated and either constructed, replaced or retrofitted along Rancho Solano Parkway.

It is assumed that all non-compliant curb ramps will be constructed, replaced, or retrofitted (e.g., detectable warning surface embedded in concrete) in accordance with Caltrans and/or City standards. Curb ramps will be replaced or retrofitted based on guidance from the Department of Justice/Department of Transportation Joint Technical Assistance on the Title II of the Americans with Disabilities Act Requirements to Provide Curb Ramps when Streets, Roads, or Highways are altered through Resurfacing dated July 8, 2013. Further clarification on curb ramp replacement included in this scope of work is as follows:
Replaced/retrofitted/added curb ramps are assumed to be readily constructed with only minor grade adjustments.
Utility relocations (e.g. utility poles, utility boxes, and drainage inlets, for example) required to construct curb ramps are not included in this scope of work.
All ramp construction shall be within the City ROW.
Curb ramps will be field-verified to determine the appropriate standard case ramp; NCE will develop a curb ramp detail for those that will require a custom curb ramp. Curb ramp details will not be to survey accuracy and not contain elevations; therefore, some adjustments may be required during construction.

Crosswalks and implied walkways between curb ramps on Rancho Solano Parkway will be checked with a smart level and compared with the latest PROWAG and Caltrans Design Information Bulletin (DIB) 82-06 accessibility guidance for both running slope and cross-slope. If the City elects to make slope corrections to crosswalks and walkways requiring regrading/reprofiling of intersections, topographic surveys will be needed and this and the required design work would be completed for additional scope and fee.

Drainage
No drainage improvements are included in this project, except as described below.

Curb and Gutter and Sidewalk
Per City direction, no curb and gutter or sidewalk replacement is included in this project. Curb and gutter sections will only be replaced to the extent that it affects pavement treatment (e.g., tree root uplift or settlement) or drainage. Sidewalk replacement is not included in this scope of work.

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City of Fairfield
2026 Rancho Solano Pavement Maintenance Project
Scope of Work
August 19, 2025
Page | 4
Encroachment Permit
No encroachment permits are included.

The purpose of our services will be to provide civil engineering design in support of the planned project by the City.

To accomplish the stated purpose, we propose the following scope of services.

Project Scope
Task 1 – Project Management & Meetings
1A) Project Kick‐off Meeting/Progress Meetings:

NCE’s Project Manager will arrange a Kick-Off Meeting with the City to initiate work on the project. The objectives of the Kick-Off Meeting will be:

Review of the Scope of Work
Establish Lines of Communication
Confirm Deadlines
Establish Project Schedule and Milestones
Define Design and Operation Criteria
Whether a simple preventive maintenance project or a complex reconstruction project, it is critical to establish effective lines of communication with, and coordination amongst, the various stakeholders from the start to ensure delivery of a high-quality project within budget and on schedule.

Throughout the project, NCE staff will be available to attend regularly scheduled progress meetings with the City to maintain good communications for this project, improve efficiency, and reduce the number of design review and coordination meetings. Therefore, we have assumed up to three (3) progress meetings to be included in our scope.

The purpose of the progress meetings will be to identify and resolve any design or funding issues that may surface in a timely manner, present design alternatives and recommendations to City staff, and continue coordination with project stakeholders as necessary.

Deliverables: Kick-off/Progress Meeting Agendas and Summaries Task 2 – Plans, Specifications & Estimates
The work that will be performed developing the PS&E are outlined in the subsequent Tasks. 2A) Design Data Gathering:

NCE will review relevant available data and records from the City as listed in the previous section, public and private utility providers, and other sources that may be appropriate to support the preparation of project contract documents. These may include, but are not limited to, the City drainage structure inventory maps, aerial photographs of the City, as-built street improvement and infrastructure plans, and striping and markings. The gathered information will be compiled and included in the base map used for design if relevant. Based on our review, we will identify any data gaps or missing information and provide this information to the City for review and discussion. This task will also include field review time necessary to locate utility covers, mark base repairs and limited curb and gutter repairs in white paint and obtain measurements, confirm street widths and lengths, review curb ramps or proposed curb ramp locations, and inventory striping.

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City of Fairfield
2026 Rancho Solano Pavement Maintenance Project
Scope of Work
August 19, 2025
Page | 5
2B) 60% PS&E:

NCE will prepare the 60% PS&E for the planned street sections. The 60% plans for the neighborhood street sections will include combined improvement and striping plan sheets showing limits of RCS and microsurfacing treatment, striping, location of existing utility covers, limited curb and gutter repairs, and base repairs. Additionally, a table summarizing major work items (e.g. treatment area, base repair area, etc.) and their estimated quantities will be developed and included on the respective plan sheets. We find that this information is particularly useful to contractors when assembling construction bids and schedules, thus resulting in more competitive bids, and to the City for verifying pay quantities during construction.

The 60% plans for Rancho Solano Parkway will incorporate typical design elements including improvement and striping plans for showing the limits the microsurfacing treatment, base repairs, curb ramps, limited curb and gutter repairs, and striping and markings including the addition of Class II bike lanes.

The plans will be prepared in AutoCAD format on 22” x 34” sheets, drawn at a scale of 1” = 40’ and 1” = 20’ for the neighborhood street sections and Rancho Solano Parkway, respectively.

Base repairs will be marked in the field on the pavement in white paint and numbered and verified prior to construction.

NCE understands that the City will provide the “Front End” documents and Special Provisions. The technical specifications will be prepared in Microsoft Word format and will follow the City’s formatting conventions. The technical specifications and details will reference the City’s standard provisions and Caltrans 2024 Standards (including subsequent updates or other edition as preferred by the City). NCE will, however, recommend deviating from Caltrans Standards where, from our experience, such changes will improve the likelihood of achieving a successful construction project without compromising the integrity of the design. NCE recognizes the value of incorporating Caltrans Standard Specifications in projects such as these, both because these specifications have been developed by an agency that designs and builds a vast amount of highway work, and because most contractors performing public works construction in Northern California are familiar with them. Caltrans, however, has the resources to administer projects quite differently than most local agencies, so NCE advocates modifying the Caltrans Standard Specifications to better fit the abilities, needs, and budgets of municipal agencies.

NCE also believes that an efficient, yet thorough Quality Control/Quality Assurance program is essential for getting the maximum value out of every dollar spent on construction. Projects designed by NCE therefore contain technical specifications that attempt to optimize the balance between using rigid, but time-tested, specifications and meeting local agency needs, with the ultimate goal of obtaining the very best value for its clients.

The Engineer’s Cost Estimate will be prepared in Microsoft Excel format and will be based on the most recent construction cost data available to NCE for projects of this type. Because of NCE’s involvement in the design and construction of numerous similar projects throughout California, we are confident in our ability to estimate the construction cost of the City’s project. This initial estimate will then be updated and refined as the design effort progresses.

It is assumed that the City will require a 5- to 10-day review and comment period once the 60% PS&E package is submitted.

Deliverables: One electronic copy of 60% plans, technical specifications, and engineer’s estimate. 2C) 90% PS&E:

The 60% PS&E will be revised to incorporate comments received from the City. NCE will meet with the City to review these comments, from which the 90% PS&E will be prepared. NCE will provide a response to each comment that is

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City of Fairfield
2026 Rancho Solano Pavement Maintenance Project
Scope of Work
August 19, 2025
Page | 6
included in a comment table provided by the City. The 90% PS&E will include additional design information and details typically expected at this stage of completion. The 90% PS&E will then be packaged and submitted in a similar manner to the 60% PS&E unless directed otherwise.

The technical specifications will be further refined at this stage of the design. We will review and comment on the City’s Front-End documents (bid and contract forms, General Provisions, Special Provisions, etc.), which the City will prepare and provide. The Engineer’s Cost Estimate will also be updated to reflect the revised quantities of work depicted on the plans.

It is assumed that the City will require a 5-day review and comment period once the 90% PS&E package is submitted.

Deliverables: One electronic copy of 90% plans, technical specifications, and engineer’s estimate. 2D) Final (100%) PS&E:

The 90% PS&E will be revised to incorporate comments received from the City. NCE will again meet with the City to review these comments, from which the final (100%) PS&E for both the 2025 and 2026 Projects will be prepared.

NCE will provide a response to each comment that is included in a comment table provided by the City. The final (100%) PS&E will include all notes and details necessary for construction. A final (100%) PS&E will then be packaged and submitted in a similar manner to the 90% PS&E unless directed otherwise. It is assumed that the City will require a 5-day review and comment period once the final (100%) PS&E package is submitted.

Upon receipt of the City’s final review comments, the project documents will be finalized for bidding purposes.

A final quantity calculation will be tabulated, and this will be entered into the final Engineer’s Cost Estimate for the project. All final documents will be reviewed, stamped and signed by NCE’s registered civil engineer, and the final PS&E will be delivered to the City in electronic formats.

Deliverables: Electronic files of the final plans for the 2025 and 2026 Projects, one combined technical specifications for both projects, and engineer’s estimate for each project. The electronic files for the final construction plans, specifications, and engineer’s estimate will be in PDF, Microsoft Word, and Microsoft Excel, respectively. AutoCAD files (2024) can be provided upon request.

Task 3 – Bidding and Construction Support
3A) Bidding Support Services:

NCE will provide the City with assistance during the advertisement and bidding periods for this bid package. This includes responding to questions received about the project design and preparation of up to one addendum and/or clarifications to the PS&E that are deemed necessary. We have included up to 18 hours of staff time for bidding support, and any effort beyond that will be on a time and materials basis at an additional cost. This does not include attendance at any pre-bid meetings or checking or tabulating bid results.

Deliverables: Prepare responses to questions received regarding project design; prepare up to one addendum.

Note: This does not include attendance at any pre-bid meetings or checking or tabulating bid results. 3B) Construction Support Services:

NCE will provide support services to the City during construction of the project for this bid package. At a minimum, these services are anticipated to include reviewing contractor submittals and responding to contractor requests for information (RFIs). If effort beyond the estimated 20 hours is necessary, NCE staff time will be delivered on a time

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City of Fairfield
2026 Rancho Solano Pavement Maintenance Project
Scope of Work
August 19, 2025
Page | 7
and materials basis at an additional cost. This does not include attendance at the pre-construction conference, field verifications or inspection services, or assisting with the review of Contract Change Orders.

Deliverables: Assist with review of contractor submittals and RFIs as necessary.

SCHEDULE
NCE will provide a detailed design schedule to achieve delivery of construction documents for bidding in 2025/2026 once we have a notice to proceed.

FEE ESTIMATE
NCE will provide the defined scope of work for a not-to-exceed fee of $264,300 in accordance with the attached schedule of charges. Further cost details are provided in the attached fee estimate.

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2026 RANCHO SOLANO PAVEMENT MAINTENANCE STREET LIST

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2026 RANCHO SOLANO PAVEMENT MAINTENANCE STREET LIST
Street Begin End Length (FT) Width (FT) Area (SY) Treatment Cost
($15/SY)
Inwood Dr. Firestone Dr. Inwood Pl. 168 25 467 RCS 7,000$ Inwood Pl. Inwood Dr. Parking Lot 631 24 1,683 RCS 25,240$ Firestone Ct. Firestone Dr. End 625 26 1,806 RCS 27,083$ Firestone Dr. St. Andrews Rd. Firestone Ct. 695 27 2,085 RCS 31,275$ Winged Foot Dr. Firestone Dr. Oakland Hills Dr. 825 26 2,383 RCS 35,750$ Hilton Head Dr. Firestone Dr. Turnberry Dr. 1,883 26 5,440 RCS 81,597$ Blackhawk Pl. Oakland Hills Dr. End 626 22 1,530 RCS 22,953$ Oakland Hills Dr. St. Andrews Rd.445' W/O Winged Foot Dr. 1,047 29 3,374 RCS 50,605$ Oakland Hills Ct. Blackhawk Ct. End 173 22 423 RCS 6,343$ Capilano Ct. St. Andrews Rd. End 208 32 740 RCS 11,093$ Prestwick Ct. St. Andrews Rd. End 883 32 3,140 RCS 47,093$ Glen Eagles Ct. St. Andrews Rd. End 430 32 1,529 RCS 22,933$ Turnberry Ct. Turnberry Dr. End 473 26 1,366 RCS 20,497$ Corte Valencia Calle de Cordoba End 1,040 26 3,004 RCS 45,067$ Corte Granada Calle de Cordoba End 725 26 2,094 RCS 31,417$ Calle de Cordoba St. Andrews Rd. End 1,145 26 3,308 RCS 49,617$ Congressional Cir. St. Andrews Rd. St. Andrews Dr. 1,500 33 5,500 RCS 82,500$ Congressional Ct. Congressional Cir. End 129 32 459 RCS 6,880$ Formby Ln. Formby Ln. End 1,067 32 3,794 RCS 56,907$
Ascot Ct. Ascot Dr. End 130 32 462 RCS 6,933$
Ascot Dr. Rancho Solano Pkwy. Formby Ln. 786 32 2,795 RCS 41,920$ Cotswold Hill Dr. Cotswold Hill Dr. St. Andrews Dr. 1,725 20 3,833 RCS 57,500$ Bellevue Ct. Cotswold Hill Dr. End 229 28 712 RCS 10,687$ Troon Ct. Cotswold Hill Dr. End 211 28 656 RCS 9,847$
La Quinta Ct. Del Monte Dr. End 222 28 691 RCS 10,360$
Riviera Ct. Del Monte Dr. End 302 28 940 RCS 14,093$
Peninsula Ct. Del Monte Dr. End 427 32 1,518 RCS 22,773$ Las Hadas Ct. Del Monte Dr. End 324 28 1,008 RCS 15,120$ Pasatiempo Ct. Del Monte Dr. End 300 24 800 RCS 12,000$ Del Monte Ct. Del Monte Dr. End 417 32 1,483 RCS 22,240$ Del Monte Dr. St. Andrews Rd. St. Andrews Dr. 1,890 23 4,830 RCS 72,450$ Oakmont Ct. St. Andrews Rd. End 226 28 703 RCS 10,547$
Salishan Ct. St. Andrews Rd. End 302 28 940 RCS 14,093$ Kingsmill Ln. Kingsmill Cr. End 200 16 356 RCS 5,333$
Kingsmill Cir St. Andrews Rd. St. Andrews Rd.. 370 24 987 RCS 14,800$ La Costa Ct. St. Andrews Rd. End 505 27 1,515 RCS 22,725$ Seminole Ct. Balmoral Dr. End 278 33 1,019 RCS 15,290$
Balmoral Ct. Balmoral Dr. End 154 33 565 RCS 8,470$
Balmoral Dr. St. Andrews Rd. Seminole Cir. 623 27 1,869 RCS 28,035$ Banff Dr. St. Andrews Rd. Seminole Cir. 870 27 2,610 RCS 39,150$ Southern Hills Dr. St. Andrews Rd. Seminole Cir. 990 26 2,860 RCS 42,900$ Southern Hills Ct. Southern Hills Dr. End 213 28 663 RCS 9,940$ Broadmoor Dr. Seminole Cir. End 422 32 1,500 RCS 22,507$ Seminole Cir. Seminole Dr. Seminole Ct. 3,608 27 10,824 RCS 162,360$ Seminole Dr. Seminole Cir. Rancho Solano Pkwy. 2,081 33 7,630 RCS 114,455$ Broadmoor Ct. Cherry Valley DR. End 450 32 1,600 RCS 24,000$ Seminole Ct. Balmoral Dr. End 278 33 1,019 RCS 15,290$
Kapalua Ct. Wailea Cir. End 550 28 1,711 RCS 25,667$
Wailea Cir. Seminole Dr. Seminole Dr. 2,100 26 6,067 RCS 91,000$ Kaanapali Dr. Wailea Cir. Wailea Cir 1,110 26 3,207 RCS 48,100$ Ganton Ct. Seminole Dr. End 288 29 928 RCS 13,920$
Pau Ct. Bear Creek Dr. End 235 32 836 RCS 12,533$
Cannes Ct. Bear Creek Dr. End 385 32 1,369 RCS 20,533$
Bear Creek Ct. Bear Creek Dr. End 415 26 1,199 RCS 17,983$ Ayr Ct. Bear Creek Dr. End 172 32 612 RCS 9,173$
Penn Creek Dr.
(EVA road only)
Penn Creek Dr.
(off Bear Creek Dr.)
Penn Creek Dr.
(at Palmer Cir.)1,020 12 1,360 RCS $ 20,400 Bear Creek Dr. St. Andrews Rd. Cherry Valley Cir. 1,858 33 6,813 RCS 102,190$ Cherry Valley Dr. Broadmoor Dr. Cherry Valley Cir. 2,108 32 7,495 RCS 112,427$ Cherry Valley Ct. Cherry Valley Cir. End 270 32 960 RCS 14,400$ Sonoma Valley Dr. Cherry Valley Cir. Cherry Valley Cir. 1,420 26 4,102 RCS 61,533$ Pine Valley Dr. Cherry Valley Cir. Cherry Valley Dr. 1,110 26 3,207 RCS 48,100$ Pine Valley Ct. Cherry Valley Dr. End 247 32 878 RCS 13,173$ Cherry Valley Cir. Cherry Valley Dr. Cherry Valley Dr. 3,142 26 9,077 RCS 136,153$ St. Andrews Rd. Rancho Solano Pkwy. Rancho Solano Pkwy. 10,780 33 39,527 RCS 592,900$ Rancho Solano Pkwy. Mankas Corner Rd. End (St. Andrews Rd.) 10,800 varies 50,000 Microsurfacing 750,000$ Total 70,816 239,857 3,597,855$

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SCHEDULE OF CHARGES

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SCHEDULE OF CHARGES 2024

PROFESSIONAL SERVICES
Principal ……………………………………………………………………………………………………….$335/hour Associate ........................................................................................................... $265/hour Senior II …………. ................................................................................................ $225/hour Senior I .......................................................................................................... $215/hour Project II............................................................................................................ $205/hour Project I............................................................................................................. $190/hour Staff II ............................................................................................................... $180/hour Staff I ................................................................................................................ $165/hour

TECHNICAL SERVICES
Senior Construction Manager* ....................................................... $170/($195-PW)/hour Construction Inspector* ................................................................. $150/($175-PW)/hour Senior Designer ................................................................................................. $180/hour CADD Designer.................................................................................................. $160/hour CADD/GIS Technician ........................................................................................ $135/hour Senior Field Scientist ......................................................................................... $145/hour Field Scientist .................................................................................................... $125/hour Senior Technician* .......................................................................... $150/($175-PW)/hour Field/Engineering Technician* ......................................................... $125/($150-PW)hour Project Administrator ....................................................................................... $130/hour Technical Editor ................................................................................................ $115/hour Clerical .............................................................................................................. $115/hour

CONTRACT LABOR
From time to time, NCE retains outside professional and technical labor on a temporary basis to meet peak workload demands. Such contract labor will be charged at regular Schedule charges.

LITIGATION SUPPORT
Engineer/Scientist ............................................................................................. $415/hour Court Appearances & Depositions .................................................................... $575/hour

EQUIPMENT
Plotter Usage ................................................................................ (separate fee schedule) Truck ................................................................................................................... $125/day Automobile ..................................................................... IRS Standard Mileage Rate+15% Falling Weight Deflectometer Testing ............................................................. $4,500/Day Coring .............................................................................................................. $5,500/Day Environmental Equipment ............................................................ (separate fee schedule)

OUTSIDE SERVICES
Rental of equipment not ordinarily furnished by NCE and all other costs such as special printing, photographic work, travel by common carrier, subsistence, subcontractors, etc. .......................................................................................................................... cost + 15%

COMMUNICATION/
REPRODUCTION In-house costs for postage, printing and copying .. ........................................................... ................................................................................................. project labor charges x 5% TERMS
Billings are payable upon presentation and are past due 30 days from invoice date. A finance charge of 1.5% per month, or the maximum amount allowable by law, will be charged on past-due accounts.

NCE makes no warranty, either expressed or implied, as to its findings, recommendations, specifications, or professional advice except that they are prepared and issued in accordance with generally accepted professional practice.

*A surcharge of $25/hour applied for technicians and construction inspectors to comply with Prevailing Wage (PW) per requirements of California Department of Industrial Relations.

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FEE ESTIMATE

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Task Description
Principal/
QA/QC
Project
Manager
Project
Pavement
Engineer
Staff
Engineer Clerical Labor Expenses
Traffic
Engineering
Review
Reimbursable
Expenses Total Cost
Rate $335 $190 $190 $165 $115

1. Project Management & Meetings
1A. Project Kick-off Meeting/Progress Meetings 8 36 4 24 4 14,700$ 100$ 14,800$ Sub-Total 8 36 24 4 14,700$ -$ 100$ 14,800$

2. Plans, Specifications & Estimates (PS&E)
2A. Design Data Gathering 8 20 78 120 4 41,560$ 1,000$ 42,600$ 2B. 60% PS&E 16 72 24 330 2 78,280$ 3,000$ 100$ 81,400$ 2C. 90% PS&E 14 64 14 270 2 64,290$ 2,500$ 100$ 66,900$ 2D. Final (100%) PS&E 10 56 8 220 2 52,040$ 2,500$ 200$ 54,700$ Sub-Total 48 212 124 940 10 236,170$ 8,000$ 1,400$ 245,600$

3. Bidding and Construction Support
3A. Bidding Support Services 2 4 10 2 3,310$ -$ 100$ 3,400$ 3B. Construction Support Services 2 12 16 2 5,820$ -$ 200$ 6,000$ Sub-Total 4 16 26 4 9,130$ -$ 300$ 9,400$ Total 60 264 124 990 18 260,000$ 8,000$ 1,800$ 269,800$ City of Fairfield
2026 Rancho Solano Pavement Maintenance Project
Fee Estimate
August 5, 2025
Labor Hours

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Agenda Item No: K.13

AGENDA REPORT
DATE: September 16, 2025

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2025-187 PW Zanjero Water Supply Portfolio and Water Legal Services

Authorizing the City Manager to Execute a Professional Services Agreement Between the City of Fairfield and Zanjero, LLC. for Water Supply Portfolio Management Services and Water Related Legal Services

Funding Source: $250,000; Water Enterprise Fund

Contact: Michael J. Hether, (707) 428-7485

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Fairfield Municipal Utilities (FMU) provides water to the City on a continuous basis and is responsible for ensuring that the City’s water supply portfolio is adequate to meet future growth.

The proposed professional services agreement builds upon urban water management planning efforts and includes specialized water resource planning support services to ensure that the City’s water supply portfolio can meet the needs of the City’s general plan and identify opportunities to expand and secure new water supplies for the City of Fairfield. Staff recommend the City Council authorize the city manager to execute a professional services agreement with Zanjero LLC (Zanjero).

DISCUSSION
The City of Fairfield relies on two surface water sources: Lake Berryessa and the Delta. The water from Lake Berryessa, also referred to as the Solano Project (SP), is derived from the Upper Putah Creek watershed and captured by Monticello Dam to form Lake Berryessa. The water from the Delta, also referred to as State Water Project (SWP), is derived from the Northern Sacramento River Valley watershed and captured by Oroville Dam to form Lake Oroville. All water supplies are delivered through contracts with the Solano County Water Agency (SCWA), which acts as the

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wholesaler of raw water for both SP and SWP. FMU is the retail agency that is responsible for delivering potable water to Municipal and Industrial (M&I) customers.

Some of the responsibilities required of retail agencies who provide M&I water are to conduct urban water management planning. An Urban Water Management Plan (UWMP) is a document that supports long-term water resource planning to ensure the availability of adequate water supplies for demands imposed by future growth. An UWMP plan generally describes and evaluates existing water supply sources with projected population and future water demands.

The City’s UWMP, which is routinely updated every five years, seeks to ensure an appropriate level of reliability of existing water supplies in the City’s water supply portfolio.

Long term water resource planning also includes identifying opportunities to enhance the City’s water supply portfolio – such as acquiring additional water rights or securing long-term supply contracts for dry and critically dry years. Equally important is optimizing and maximizing the use of existing water resources. In order to achieve this, the planning process must include the development of a comprehensive strategy that balances cost, reliability, risk, and sustainability across multiple water sources. Upon completion, this scope of work will result in the development of a water supply portfolio management tool to support informed decision-making.

This tool will guide actions such as determining, in wet years, the quantity and type of water that could be made available for one-time transfer agreements.

This scope of work is a continuation of previous efforts to develop strategies to guard the City’s water supply against implementation of the Bay-Delta Plan. The Bay-Delta Plan seeks to increase water quantity and quality into the Sacramento-San Joaquin Delta Watershed and San Francisco Bay in compliance with the Federal and California Endangered Species Acts to protect a variety of different aquatic species of concern, particularly the Chinook Salmon, the Steelhead/Rainbow Trout, the Longfin Smelt, and the Delta Smelt .

Zanjero has worked with the City to support both its current and future water needs, including assisting FMU staff with water resource planning and regulatory analysis relating to the Bay-Delta Plan. Currently, FMU does not have staff dedicated to water resource planning. Given Zanjero’s comprehensive knowledge of the City’s water system and ongoing involvement in water system projects, Zanjero is the most qualified subject matter expert for this scope of work.

FINANCIAL IMPACT
The professional service agreement with Zanjero for Water Supply Portfolio Management Services and Water Related Legal Services will authorize a not-to-exceed contract for $250,000.

Funding for the agreement will be provided from the Water Enterprise Fund (Fund 461)

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

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ALTERNATIVE ACTION
The council may delay approval of the professional services agreement so that staff can address any council concerns.

COORDINATED WITH
N/A

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

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Agreement

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CITY OF FAIRFIELD

RESOLUTION NO. 2025-187

AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF FAIRFIELD AND ZANJERO, LLC. FOR WATER SUPPLY PORTFOLIO

MANAGEMENT SERVICES AND WATER RELATED LEGAL SERVICES

WHEREAS, Fairfield is undergoing rapid and modern growth that requires an inventory of its water supply portfolio to meet its expanding needs; and

WHEREAS, the City seeks to evaluate long-term trends related to its water asset portfolio caused by regulatory changes, such as those derived from the Bay-Delta Water Quality Control Plan; and

WHEREAS, the City seeks to develop a comprehensive water supply portfolio management tool; and

WHEREAS, the City seeks to investigate and identify additional water supply options, evaluate those options and assess the advantages and disadvantages associated with their acquisition options; and

WHEREAS, Zanjero, LLC (Zanjero) has worked with the City and is familiar with its water supply portfolio and expanding needs; and

WHEREAS, Zanjero has the necessary tools and experience in water accounting, water engineering, and water law to support the City; and

WHEREAS, staff recommends authorizing a Professional Services Agreement with Zanjero to provide water supply portfolio management and water-related legal services.

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

Section 1. The city manager is hereby authorized and directed to execute on behalf of the City of Fairfield an Agreement between the City of Fairfield and Zanjero, LLC. for specialized water accounting, water planning, water engineering, and water legal services for a total not-to-exceed fee of $250,000.

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

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RES. NO. 2025-187

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PASSED AND ADOPTED this 16th day of September 2025, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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Agenda Item No: K.14

AGENDA REPORT
DATE: September 16, 2025

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2025-188 PW Updated Federal Transit Administration Drug and Alcohol Testing Policy

Authorizing the Adoption of the City of Fairfield’s Updated Federal Transit Administration Drug and Alcohol Policy

Funding Source: N/A

Contact: Melissa Minton, (707) 434-3804

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
All recipients of Federal Transit Administration (FTA) funds and contractors of those recipients are required to implement and maintain an FTA compliant drug and alcohol policy for all safety - sensitive employees. The City of Fairfield receives funding directly from FTA and as a subrecipient from other agencies, such as the California Department of Transportation. The proposed resolution adopts the City of Fairfield’s updated FTA Drug and Alcohol Policy (Policy) in accordance with recent changes to FTA drug and alcohol testing regulations.

DISCUSSION
The Omnibus Transportation Employee Testing Act of 1991 mandates that the Secretary of Transportation issue regulatory requirements that prohibit the misuse of drug and alcohol within the transportation industry. The FTA is delegated the authority to implement these rules within the transit agency to prevent accidents, injuries, of fatalities related to the misuse of alcohol and use of prohibited drugs by employees who perform safety-sensitive functions, as defined in 49 Code of Federal Regulations (CFR) Part 655.

As the City receives operational and capital funding from the FTA to support the operation of FAST services and various transit-related capital projects, the City is required to maintain an

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updated drug and alcohol policy that is compliant with the most up-to-date FTA drug and alcohol testing regulations. The proposed Policy provides updates in accordance with the most recent requirements adopted by FTA.

The proposed Policy update removes language that identifies urine testing as the sole drug testing collection method, which enables use of the temporary oral fluid testing option in accordance with changes adopted by the FTA. The update also modifies the format of the Policy utilizing an FTA-approved policy builder to ensure the City’s Policy remains compliant with all other FTA drug and alcohol testing requirements.

FINANCIAL IMPACT
N/A

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
The council may choose not to adopt the Policy. This is not recommended, however, as approval of the Policy is required for the City to remain compliant with FTA regulations and continue receiving FTA funds.

COORDINATED WITH
Human Resources Department

STAFF CONTACT
Melissa Minton, Transportation Planner
(707) 428-3804
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Policy

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CITY OF FAIRFIELD

RESOLUTION NO. 2025-188

AUTHORIZING THE ADOPTION OF THE CITY OF FAIRFIELD’S UPDATED FEDERAL TRANSIT

ADMINISTRATION DRUG AND ALCOHOL POLICY

WHEREAS, the City of Fairfield receives Federal Transit Administration (FTA) funds directly from FTA and from other public agencies, including the California Department of Transportation ; and

WHEREAS, recipients of FTA funds are required to implement a drug and alcohol testing program that complies with specific criteria; and

WHEREAS, the City of Fairfield has recently updated its FTA Drug and Alcohol Policy in accordance with the most current requirements; and

WHEREAS, recipients of FTA funds are required to have the governing board formally adopt the drug and alcohol policy.

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

Section 1. The city manager is hereby authorized to execute on behalf of the City of Fairfield the updated FTA Drug and Alcohol Policy.

PASSED AND ADOPTED this 16th day of September 2025, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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FTA Drug and Alcohol Policy – City of Fairfield

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City of Fairfield

Effective as of 09/16/2025

Adopted by: City of Fairfield City Council Date Adopted: [09/16/2025] Last Revised: [01/15/2019]

Drug and Alcohol Policy

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FTA Drug and Alcohol Policy – City of Fairfield

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Table of Contents

1. Purpose of Policy ................................................................................................................................. 3

2. Covered Employees ............................................................................................................................. 3

3. Prohibited Behavior ............................................................................................................................ 4

4. Consequences for Violations ............................................................................................................... 5

5. Circumstances for Testing ................................................................................................................... 6

6. Testing Procedures .............................................................................................................................. 9

7. Test Refusals........................................................................................................................................ 9

8. Voluntary Self-Referral ...................................................................................................................... 10

9. Prescription Drug Use ....................................................................................................................... 11

10. Contact Person .................................................................................................................................. 11 Attachment A: Covered Positions ............................................................................................................... 12

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FTA Drug and Alcohol Policy – City of Fairfield

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1. Purpose of Policy
The City of Fairfield provides public transit and paratransit services for residents of Fairfield. Part of the City of Fairfield’s mission is to ensure that this service is delivered safely, efficiently, and effectively by establishing a drug and alcohol-free work environment, and to ensure that the workplace remains free from the effects of drugs and alcohol in order to promote the health and safety of employees and the general public. In keeping with this mission, the City of Fairfield declares that unlawful manufacture, distribution, dispense, possession, or use of controlled substances or misuse of alcohol is prohibited for all covered employees.

This policy complies with 49 CFR Part 655, as amended, and 49 CFR Part 40, as amended. Copies of Parts 655 and 40 are available in the drug and alcohol program manager’s office and can be found on the internet at the Federal Transit Administration (FTA) Drug and Alcohol Program website http://transit-safety.fta.dot.gov/DrugAndAlcohol/ .

All covered employees are required to submit to drug and alcohol tests as a condition of employment in accordance with 49 CFR Part 655.

Portions of this policy are not FTA-mandated but reflect the City of Fairfield’s policy. These additional provisions are identified by bold text.

In addition, the Department of Transportation (DOT) has published 49 CFR Part 32, implementing the Drug-Free Workplace Act of 1988, which requires the establishment of drug-free workplace policies and the reporting of certain drug-related offenses to the FTA.

The unlawful manufacture, distribution, dispensation, possession or use of controlled substances and/or misuse of alcohol is prohibited in the covered workplace. An employee who is convicted of any criminal drug statute for a violation occurring in the workplace shall notify the City of Fairfield’s Human Resources Department no later than five calendar days after such conviction.

The City of Fairfield is dedicated to assuring fair and equitable application of this substance abuse policy. Therefore, supervisors and managers are required to use and apply all aspects of this policy in an unbiased and impartial manner. Any supervisor or manager who knowingly disregards the requirements of this policy or who is found to deliberately misuse the policy in regard to subordinates shall be subject to disciplinary action, which may include termination.

2. Covered Employees
This policy applies to every person, including an applicant or transferee, who performs or will perform a “safety-sensitive function” as defined in Part 655, section 655.4. The City of Fairfield employees that do not perform safety-sensitive functions as defined in Part 655, section 655.4 are not covered under this policy.

You are a covered employee if you perform any of the following:

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FTA Drug and Alcohol Policy – City of Fairfield

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• Operating a revenue service vehicle, in or out of revenue service • Operating a non-revenue vehicle requiring a commercial driver’s license • Controlling movement or dispatch of a revenue service vehicle • Maintaining (including repairs, overhaul and rebuilding) of a revenue service vehicle or equipment used in revenue service
• Carrying a firearm for security purposes
See Attachment A for a list of covered positions by job title.

3. Prohibited Behavior
Use of illegal drugs is prohibited at all times. Prohibited drugs include:
• marijuana
• cocaine
• phencyclidine (PCP)
• opioids
• amphetamines
All City of Fairfield employees may be tested for these same substances.

All covered employees are prohibited from performing or continuing to perform safety-sensitive functions while having an alcohol concentration of 0.04 or greater.

All covered employees are prohibited from consuming alcohol while performing safety-sensitive job functions or while on-call to perform safety-sensitive job functions. If an on-call employee has consumed alcohol, they must acknowledge the use of alcohol at the time that they are called to report for duty. The covered employee will subsequently be relieved of their responsibilities and may be subject to discipline. If the on-call employee claims the ability to perform his or her safety-sensitive function, they must take an alcohol test with a result of less than 0.02 prior to performance.

The City of Fairfield, under its own authority, prohibits the consumption of alcohol while the employee is on duty or anytime the employee is in a City of Fairfield uniform.

Under the City of Fairfield’s authority, a non-DOT alcohol test can be performed at any time an employee is on duty.

All covered employees are prohibited from consuming alcohol within four hours prior to the performance of safety-sensitive job functions.

All covered employees are required to take a post-accident test are prohibited from consuming alcohol for eight hours following involvement in an accident or until they submit to the post-accident drug and alcohol test, whichever occurs first.

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FTA Drug and Alcohol Policy – City of Fairfield

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4. Consequences for Violations
Following a positive drug or alcohol (BAC at or above 0.04) test result or test refusal, the employee will be immediately removed from safety-sensitive duty and provided with contact information for Substance Abuse Professionals (SAPs).

Following a BAC of 0.02 or greater, but less than 0.04, the employee will be immediately removed from safety-sensitive duties until the start of their next regularly scheduled duty period (but for not less than eight hours) unless a retest results in the employee’s alcohol concentration being less than 0.02.

Treatment/Discipline
Per the City of Fairfield policy, the first time a City of Fairfield employee tests positive for drugs or alcohol (BAC at or above 0.04) will result in mandatory referral to an SAP for assessment formulation or a treatment plan and execution of a return-to-duty agreement.

The cost of any treatment or rehabilitation services will be paid directly by the employee or their insurance provider. The employee will be permitted to take accrued sick leave or administrative leave to participate in the prescribed treatment program. If the employee has insufficient accrued leave, the employee shall be placed on leave-without-pay until the employee has successfully completed the required treatment program and has been released to return to duty. Any leave taken, either paid or unpaid, shall be considered leave taken under the Family and Medical Leave Act and/or California Family Rights Act.

Failure to execute or remain compliant with the return-to-duty agreement may result in the termination of employment with the City of Fairfield.

The second instance of a verified positive drug or alcohol (BAC at or above 0.04) test result, including a sample submitted under the random, reasonable suspicion, return-to-duty, or follow-up drug and/or alcohol test provisions herein, may result in the termination of employment with the City of Fairfield.

A verified positive post-accident or reasonable suspicion drug and/or alcohol (BAC at or above

0.04) may result in the termination of employment with the City of Fairfield.

An alcohol test result of BAC of 0.02 to 0.039 shall result in the removal of the employee from duty for eight hours or the remainder of the day, whichever is longer. The employee will not be allowed to return to safety-sensitive duty until they submit to an alcohol test with a result of less than 0.02 BAC.

Refusal to submit to a drug or alcohol test shall be considered a positive test result and may result in the termination of employment with the City of Fairfield and referral to a substance abuse professional.

Refusal to submit to periodic unannounced follow-up drug and/or alcohol test shall be considered a direct act of insubordination and may result in the termination of employment with the City of Fairfield.

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FTA Drug and Alcohol Policy – City of Fairfield

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A periodic unannounced follow-up drug and/or alcohol test that results in a verified positive may result in termination of employment with the City of Fairfield.

Failure of an employee to report a criminal drug statute conviction for a violation occurring in the workplace within five calendar days may result in termination of employment with the City of Fairfield.

5. Circumstances for Testing
Pre-Employment Testing
A negative pre-employment drug test result is required before an employee can first perform safety- sensitive functions. If a pre-employment test is cancelled, the individual will be required to undergo another test and successfully pass with a verified negative result before performing safety-sensitive functions. Failure of a pre-employment drug test will disqualify an applicant from employment with the City of Fairfield for a period of at least one year.

If a covered employee has not performed a safety-sensitive function for 90 or more consecutive calendar days and has not been in the random testing pool during that time, the employee must take and pass a pre- employment test before they can return to a safety-sensitive function.

A covered employee or applicant who has previously failed or refused a DOT drug and/or alcohol test must provide proof of having successfully completed a referral, evaluation, and treatment plan meeting DOT requirements.

Reasonable Suspicion Testing
All employees shall be subject to a drug and/or alcohol test when the City of Fairfield has reasonable suspicion to believe that the covered employee has used a prohibited drug and/or engaged in alcohol misuse. A reasonable suspicion referral for testing will be made by a trained supervisor or other trained company official on the basis of specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the covered employee.

Covered employees may be subject to reasonable suspicion drug testing any time while on duty. Covered employees may be subject to reasonable suspicion alcohol testing while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions. Under the City of Fairfield’s authority, a non- DOT reasonable suspicion alcohol test may be performed any time the covered employee is on duty.

All employees covered under the sole authority of the City of Fairfield will be subject to non-DOT reasonable suspicion testing procedures.

The City of Fairfield shall be responsible for transporting the employee to the testing site.

Supervisors should avoid placing themselves and/or others into a situation which might endanger the physical safety of those present. The employee shall be placed on administrative leave pending disciplinary action described in Section 4 of this policy. An employee who refuses to submit to a

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FTA Drug and Alcohol Policy – City of Fairfield

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drug/alcohol test shall not be permitted to finish their shift and shall immediately be placed on administrative leave pending the applicable disciplinary action specified in Section 4 of this policy.

When there are no specific, contemporaneous, articulable objective facts that indicate current drug and/or alcohol use, but the employee (who is not already a participant in a treatment program) admits to the abuse of alcohol or other substances to a supervisor in their chain of command, the employee shall be referred for assessment and treatment consistent with Section 4 and Section 8 of this policy. The City of Fairfield shall place the employee on administrative leave in accordance with the provisions set forth under Section 4 and Section 8 of this policy. Testing in this circumstance would be performed under the direct authority of the City of Fairfield. Since the employee self-referred to management, testing under this circumstance would not be considered a violation of this policy or a positive test result under Federal authority. However, self-referral does not exempt the covered employee from testing under Federal authority specified in Section 5 of this policy or the associated consequences specified in Section 4 of this policy.

Post-Accident Testing
Covered employees shall be subject to post-accident drug and alcohol testing under the following circumstances:

Fatal Accidents
As soon as practicable following an accident involving the loss of a human life, drug and alcohol tests will be conducted on each surviving covered employee operating the public transportation vehicle at the time of the accident. In addition, any other covered employee whose performance could have contributed to the accident, as determined by City of Fairfield using the best information available at the time of the decision, will be tested.

Non-fatal Accidents
As soon as practicable following an accident not involving the loss of a human life, drug and alcohol tests will be conducted on each covered employee operating the public transportation vehicle at the time of the accident if at least one of the following conditions is met:
(1) The accident results in injuries requiring immediate medical treatment away from the scene, unless the covered employee can be completely discounted as a contributing factor to the accident
(2) One or more vehicles incurs disabling damage and must be towed away from the scene, unless the covered employee can be completely discounted as a contributing factor to the accident
In addition, any other covered employee whose performance could have contributed to the accident, as determined by the City of Fairfield using the best information available at the time of the decision, will be tested.

A covered employee subject to post-accident testing must remain readily available, or it is considered a refusal to test. Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident or to prohibit a covered employee from leaving the

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FTA Drug and Alcohol Policy – City of Fairfield

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scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care.

Random Testing
Random drug and alcohol tests are unannounced and unpredictable, and the dates for administering random tests are spread reasonably throughout the calendar year. Random testing will be conducted at all times of the day when safety-sensitive functions are performed.

Testing rates will meet or exceed the minimum annual percentage rate set each year by the FTA administrator. The current year testing rates can be viewed online at www.transportation.gov/odapc/random-testing-rates .

The selection of employees for random drug and alcohol testing will be made by a scientifically valid method, such as a random number table or a computer-based random number generator. Under the selection process used, each covered employee will have an equal chance of being tested each time selections are made.

A covered employee may only be randomly tested for alcohol misuse while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions. A covered employee may be randomly tested for prohibited drug use anytime while on duty.

Each covered employee who is notified of selection for random drug or random alcohol testing must immediately proceed to the designated testing site.

Return to Duty Testing
Any employee who is allowed to return to safety-sensitive duty after failing or refusing to submit to a DOT drug and/or alcohol test must first be evaluated by a substance abuse professional (SAP), complete a SAP-required program of education and/or treatment, and provide a negative return-to-duty drug test result and/or an alcohol test result of less than 0.02. Any return-to-duty drug testing will be directly observed. All tests will be conducted in accordance with 49 CFR Part 40, Subpart O.

Follow-up Testing
Employees returning to safety-sensitive duty following a return-to-duty test will be required to undergo unannounced follow-up alcohol and/or drug testing for a period of one to five years, as directed by the SAP. The duration of testing will be extended to account for any subsequent leaves of absence, as necessary. The type (drug and/or alcohol), number, and frequency of such follow-up testing shall be directed by the SAP.

A covered employee may only be subject to follow-up alcohol testing while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions. A covered employee may be subject to follow-up drug testing anytime while on duty. All follow-up drug tests will be directly observed. All testing will be conducted in accordance with 49 CFR Part 40, Subpart O.

In the instance of a self-referral or a management referral, the employee will be subject to non- DOT follow-up tests and follow-up testing plans modeled using the process described in 49 CFR

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FTA Drug and Alcohol Policy – City of Fairfield

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Part 40. However, all non-DOT follow-up tests and all paperwork associated with an employee’s return-to-work agreement that was not precipitated by a positive test result (or refusal to test) do not constitute a violation of the Federal regulations will be conducted under City authority and performed using non-DOT testing forms.

6. Testing Procedures
All FTA drug and alcohol testing will be conducted in accordance with 49 CFR Part 40, as amended.

Dilute Urine Specimen
If there is a negative dilute test result, the City of Fairfield will conduct one additional retest. The result of the second test will be the test of record.

Dilute negative results with a creatinine level greater than or equal to 2 mg/dL but less than or equal to 5 mg/dL require an immediate recollection under direct observation (see 49 CFR Part 40, section 40.67).

Split Specimen Test
In the event of a verified positive test result, or a verified adulterated or substituted result, the employee can request that the split specimen be tested at a second laboratory. The City of Fairfield will ensure that the initial cost for the split specimen is covered to guarantee that the split specimen test will be conducted in a timely fashion, however, the City will seek reimbursement from the employee if the split sample is requested for testing.

7. Test Refusals
As a covered employee, you have refused to test if you:

(1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the City of Fairfield.
(2) Fail to remain at the testing site until the testing process is complete. An employee who leaves the testing site before the testing process commences for a pre-employment test has not refused to test. (3) Fail to provide a specimen for a drug or alcohol test. An employee who does not provide a specimen because they have left the testing site before the testing process commenced for a pre-employment test has not refused to test.
(4) In the case of a directly-observed or monitored urine drug collection, fail to permit monitoring or observation of your provision of a specimen.
(5) Fail to provide a sufficient specimen for a drug or alcohol test without a valid medical explanation. (6) Fail or decline to take a second drug test as directed by the collector or City of Fairfield. (7) Fail to undergo a medical evaluation as required by the MRO or City of Fairfield’s Designated Employer Representative (DER).
(8) Fail to cooperate with any part of the testing process.

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FTA Drug and Alcohol Policy – City of Fairfield

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(9) Fail to follow an observer’s instructions to raise and lower clothing and turn around during a directly-observed urine drug test.
(10) Possess or wear a prosthetic or other device used to tamper with the collection process. (11) Admit to the adulteration or substitution of a specimen to the collector or MRO. (12) Refuse to sign the certification at Step 2 of the Alcohol Testing Form (ATF). (13) Fail to remain readily available following an accident.

As a covered employee, if the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a drug test.

As a covered employee, if you refuse to take a drug and/or alcohol test, you incur the same consequences as testing positive and will be immediately removed from performing safety-sensitive functions and provided with contact information for SAPs. Refusal to take a drug and/or alcohol test may result in termination.

8. Voluntary Self-Referral
Any employee who has a drug and/or alcohol use disorder and has not been notified of the requirement to submit to reasonable suspicion, random or post-accident testing or has not refused a drug or alcohol test may voluntarily refer themself to their City of Fairfield supervisor or the City of Fairfield’s Human Resources Department. In the instance of a self-referral or management referral, the individual will be referred to a substance abuse counselor.

The substance abuse counselor will evaluate the employee and make a specific recommendation regarding the appropriate treatment. Employees shall execute a return-to-work agreement in accordance with the treatment plan recommended by the substance abuse counselor. Employees are encouraged to voluntarily seek professional substance abuse assistance before any substance use or dependence affects job performance.

Failure to execute or remain compliant with the return-to-work agreement may result in the termination of employment with the City of Fairfield. Compliance with the return-to-work agreement means that the employee has submitted to a drug and/or alcohol test immediately prior to returning to work, the result of that test is negative, the employee is cooperating with their recommended treatment program, and the employee has agreed to periodic unannounced follow-up testing described in Section 5 of this policy. All tests performed as part of a return-to-work agreement are under the sole authority of City of Fairfield and will be performed using non-DOT testing forms.

A self-referral or management referral to the employer's approved counseling professional that was not precipitated by a positive test result does not constitute a violation of the Federal regulations and will not be considered as a positive test result in relation to the progressive discipline defined in Section 4 of this policy.

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FTA Drug and Alcohol Policy – City of Fairfield

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Periodic unannounced follow-up drug and/or alcohol test conducted as a result of a self-referral or management referral which results in a verified positive shall be considered a positive test result in relation to the progressive discipline defined in Section 4 of this policy.

A voluntary referral does not shield an employee from the requirement to comply with drug and alcohol testing, nor does it shield an employee from disciplinary action or guarantee employment with the City of Fairfield.

Any safety-sensitive employee who admits to a drug and/or alcohol use disorder will immediately be removed from their safety-sensitive function and will not be allowed to perform such function until successful completion of a prescribed rehabilitation program.

9. Prescription Drug Use
The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited.

However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected must be reported to a City of Fairfield supervisor or the City of Fairfield’s Human Resources Department. Medical advice should be sought, as appropriate, while taking such medication and before performing safety- sensitive duties. The employee shall be required to provide a written release statement from their doctor or pharmacist indicating that the employe can perform their safety-sensitive functions.

10. Contact Person
For questions about City of Fairfield’s anti-drug and alcohol misuse program, contact the City of Fairfield’s Human Resources Department.

Jessica Collins
Human Resources Manager
[email protected]
(707) 428-7561

Angela Broaddus
Human Resources Manager
[email protected]
(707) 428-7396

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FTA Drug and Alcohol Policy – City of Fairfield

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This Policy was adopted by the City Council of the City of Fairfield on September 16th, 2025.

Name: David Gassaway
Title: City Manager
Attachment A: Covered Positions
The City of Fairfield Human Resources Department will maintain a list of Safety-Sensitive Employees that are covered under the Department of Transportation regulations. Incumbents who possess a valid Commercial Driver License in the listed classifications are subject to testing.

1. Fleet Division Manager – Fleet Management Division

2. Public Works Supervisor – Fleet Management Division

3. Equipment Mechanic I/II

4. Equipment Service Worker I/II

5. Equipment Mechanic Senior

6. Senior Fire Mechanic

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Agenda Item No: K.15

AGENDA REPORT
DATE: September 16, 2025

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2025-189 PW Energy Conservation Project – Phase 1 Project Budget Adjustment

Authorizing an Update to the Fiscal Year 2025-2026 Budget for the Energy Conservation Project – Phase 1 Project

Funding Source: $287,400; Intergovernmental Services Fund

Contact: Marisa Cumpian, (707) 428-7494

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City of Fairfield has undertaken a comprehensive energy efficiency initiative (Project) in partnership with Willdan Energy Solutions (Willdan). The total cost of the energy savings performance contract with Willdan is expected to total $29,998,064. The City will fund $8.6 million of the costs with available City funds and will finance the remainder of the improvements.

The City has opted to not finance project contingency costs estimated at $1,581,723.

DISCUSSION
On December 3, 2024, the City Council adopted Resolution No. 2024-279, which authorized the City Manager to enter into an energy savings performance contract with Willdan for implementation of the Energy Conservation Project - Phase 1. The Project includes solar installations, lighting retrofits, Heating, Ventilation, and Air Conditioning (HVAC) upgrades, and other conservation measures across multiple City facilities.

Since the commencement of the Project, two change orders have been authorized. The first encompassed to asbestos testing and remediation, and the second addresses modifications to the HVAC ducting and lighting components. Additionally, several miscellaneous expenses have

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been incurred related to the temporary relocation of City staff during energy conservation upgrades to the City Hall.

The total cost of these changes are $287,400. A budget adjustment in the amount of $287,400 from the Intergovernmental Services is required.

FINANCIAL IMPACT
The Project was approved for an increase in appropriations of $31,579,787 to the Public Buildings Capital Fund (Fund 254) for fiscal year (FY) 2024-2025.This appropriation included $8,688,308 in available funding including $2,519,000 from Bedroom Tax (Fund 165), $2,401,308 from AB1600 Government Facilities (Fund 262), $2,140,000 from Construction License (Fund 164), $1,318,000 from Civic Center Improvements (Fund 532), $310,000 from Transit (Fund 451 and 452). The balance of the base project funding will be financed. The con tingency for this Project will be funded using the Intergovernmental Services Fund (Fund 551).

Staff have identified $287,400 in unanticipated work fees that need to be completed in support of the Project that was not budgeted for in the FY 2025-2026 approved budget. An increase in appropriations for the additional costs for the Project will require a budget adjustment of $287,400 from the Intergovernmental Services Fund to the Public Buildings Fund. The revised appropriation constitutes an update to the FY 2025-2026 budget approved pursuant to Resolution No. 2025-103. The overall Project budget supports the additional expenses, and staff anticipate reconciling the Project at the conclusion and reimbursing the Intergovernmental Services Fund.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
If the council has any questions, this request may be delayed so that staff can provide necessary background information.

COORDINATED WITH
Finance Department

STAFF CONTACT
Marisa Cumpian, Sr. Management Analyst
(707) 428-7494
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution

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CITY OF FAIRFIELD

RESOLUTION NO. 2025-189

AUTHORIZING AN UPDATE TO THE FISCAL YEAR 2025-2026 BUDGET FOR THE ENERGY CONSERVATION PROJECT-PHASE 1

WHEREAS, the City of Fairfield has undertaken a comprehensive energy efficiency initiative (Project; CPW010107) with Willdan Energy Solutions through Resolution No. 2024-279. The Project includes solar installations, lighting retrofits, Heating, Ventilation, and Air Conditioning (HVAC) upgrades, and other conservation measures acroAuthorizing an Update to the Fiscal Year 2025-2026 Budget for the Energy Conservation Project – Phase 1 Projectss multiple City facilities; and

WHEREAS, the total cost of the contract with Willdan is expected to be $29,998,064. The City will fund $8.6M of the costs with available City funds and will finance the remainder of the improvements. The City has opted to not finance project contingency costs estimated at $1,581,723; and

WHEREAS, two project change orders—one pertaining to asbestos testing and remediation, and the other concerning HVAC ducting and lighting components—along with several miscellaneous expenses associated with the temporary relocation of City staff to mitigate construction impacts during the City Hall renovations, currently total $287,400; and

WHEREAS, these costs were not budgeted for in the approved fiscal year (FY) 2025-2026 budget, thus requiring a budget adjustment of $287,400 from Intergovernmental Services Fund to the Public Buildings Fund; and

WHEREAS, the revised appropriation constitutes an update to the FY 2025-2026 budget approved pursuant to Resolution No. 2025-103.

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

Section 1. The council hereby approve a budget adjustment of $287,400 of Intergovernmental Services Funds (Fund 551) to the Public Buildings Fund (Fund 254) for the Project.

Section 2. The council hereby approves an increase in appropriations of $287,400 in the Public Buildings Fund (Fund 254) for the Project.

Section 3. The city manager or designee is hereby authorized to do all things necessary to implement the above-mentioned contract.

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RES. NO. 2025-189

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PASSED AND ADOPTED this 16th day of September 2025, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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Agenda Item No: K.16

AGENDA REPORT
DATE: September 16, 2025

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2025-190 PW Planning Area 1 Peabody Road Right-of-Way Property Acquisition

Authorizing Execution of the Agreement Pursuant to Government Code Section 66462.5 for Acquisition of Street A and Peabody Road Rights-of-Way

Funding Source: N/A

Contact: Alvin Lei, (707) 428-7476

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
On July 26, 2011, City Council adopted The Train Station Specific Plan (TSSP), which includes roadway improvements such as widening Peabody Road. The developer is finalizing engineering design for improvements along the west side of Peabody Road, specifically in the area immediately south of 5055 Peabody Road (Assessor’s Parcel Number: 0166-110-390). The recommended action authorizes City staff to initiate discussions with the pertinent property owner to facilitate the acquisition of the land necessary for these planned improvements.

DISCUSSION
On January 11, 2023, the Planning Commission adopted Resolution No. PC2023-01, approving the Master Planned Unit Development approved the master planned unit development for Planning Area 1 within the TSSP. Subsequently, on March 27, 2024, the commission adopted Resolution No. PC2024-01, approving the entitlements for the Aviatrix development within Planning Area 1. As a condition of their approval, the developer, Republic Urban Properties (RUP) is required to construct Street A and the westerly segment of Peabody Road, along their project frontage. In preparation for these construction activities, the City will need to acquire land from James A. Ewing, Trustee of the Velma J. Ewing Trust (Property Owner) where the roadway improvements will be constructed.

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Pursuant to Government Code Section 66462.5, the City may commence proceedings to acquire an interest in the land which will permit the public roadway improvements to be made.

FINANCIAL IMPACT
Public Works staff has engaged Interwest Consulting Group (Interwest) as the property acquisition consultant to assist with acquiring the necessary land for the planned roadway improvements. Based on the scope of work provided by Interwest, the estimated cost for these services and proposal provided by Interwest, the estimated cost for this service is approximately $50,000. All expenses associated with the property acquisition will be fully funded by the Developer.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The developer has made a reasonable effort to acquire the necessary right -of-way by normal negotiations process. The developer has notified the City that they have failed to acquire the necessary right-of-way from Property Owner and requested the city assistance.

ALTERNATIVE ACTION
The council may delay approval of the agreement so that staff can address any council concerns.

COORDINATED WITH
Finance Department and City Attorney’s Office

STAFF CONTACT
Alvin Lei, Senior Civil Engineer
(707) 428-7476
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Agreement

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CITY OF FAIRFIELD

RESOLUTION NO. 2025-190

AUTHORIZING EXECUTION OF THE AGREEMENT PURSUANT TO GOVERNMENT CODE SECTION 66462.5 FOR ACQUISITION OF STREET A AND PEABODY ROAD RIGHTS-OF-WAY

WHEREAS, the Planning Commission of the City of Fairfield reviewed and approved the entitlements for both the “Master Planned Unit Development – Planning Area 1” and the “Aviatrix” development with adoption of Resolutions No. PC2023-01 and No. PC2024-01, respectively; and

WHEREAS, the developer, Republic Urban Properties, is required to construct public roadways commonly referred to as Street A and Peabody Road as a condition of their development; and

WHEREAS, the necessary rights-of-way for these public improvements are generally located on land owned by James A. Ewing, Trustee of the Velma J. Ewing Trust (Assessor’s Parcel Number:
0166-110-390); and

WHEREAS, the City desires to acquire the necessary land in accordance with Government Code Section 66462.5 to construct these right-of-way improvements; and

WHEREAS, the developer is responsible for reimbursing the City for all costs incurred in the acquisition of this property.

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

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

Section 2. The public works director is authorized and directed to do all things necessary and proper to implement the above-mentioned agreement.

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RES. NO. 2025-190

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PASSED AND ADOPTED this 16th day of September 2025, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

____________________________

CITY CLERK

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AGREEMENT PURSUANT TO GOVERN MENT CODE SECTION 66462.5

BETWEEN REPUBLIC FAIRF IELD LLC AND CITY OF FAIRFIELD FOR

ACQUISITION OF CERTAIN REAL PROPERTY INTERE STS
(AVIA TRIX DEVELOPMENT PUBLIC STREET INFRA STRUCTURE -

STRE ET A AND PEABODY ROAD)
This AGREEMENT PURSUANT TO GOVERNMENT CODE SECTION 66462.5

BETWEEN REPUBLIC FAIRFIELD LLC AND CITY OF FAIRFIELD FOR ACQUISITION

OF CERTAIN REAL PROPERTY INTERESTS (AVIATRIX DEVELOPMENT PUBLIC STREET INFRASTRUCTURE - STREET A AND PEABODY ROAD) (Agreement) is entered into between Republic Fairfield LLC (referred to herein as Developer), on the one hand, and the CITY. OF FAIRFIELD, a municipal corporation (referred to herein as City), on the other hand.

This Agreement is effective on the date it is fully executed (Effective Date). Developer and City are sometimes referred to below collectively as Parties.

RE CITALS
A. RESOLUTION NO. PC 2023-01 - Master Planned Unit Development Application PUD2022-001. An application for a Master Planned Unit Development Application (PUD2022-001) for a proposed Master Planned Unit Development Permit for Planning Area 1 of the Fairfield Train Station Specific Plan, along with related applications for Development Review - Community Design Plan (DR2022-003), and Environmental Review - Mitigation Monitoring (ER2022-001) (collectively Development Project) was properly filed with the Community Development Department on January 18, 2022 in accordance with the rules and regulations governing the official filing of such applications.

I. On January 11, 2023, the Planning Commission held a duly noticed public hearing and adopted City of Fairfield Planning Commission Resolution PC2023-0l, a Resolution of the Fairfield Planning Commission Approving a Master Planned Unit Development Permit (PUD2022-001) (Master PUD) for "Planning Area l" of the Fairfield Train Station Specific Plan and Development Review (DR2022-003) for a Community Design Plan for an Approximately 13 I-Acre Site at the Northwest Corner of Cement Hill Road and Peabody Road (APNS: 0166- 110-150;-l 90;-280;-200;-2 l 0;-130;-3 l 0;-230;-300;-120;-240;-250;-410;-260;-1270;-390;-l 00; - 140). The approximate 131-acre site is referred to below as the MPUD Property.

2. At said hearing, City staff presented substantial factual information regarding the Development Project in staff reports and through oral presentations before the Planning Commission, and the Planning Commission considered all public testimony and information presented during the public hearing regarding said Master PUD Permit. The Planning Commission reviewed proposed revisions to the Train Station Specific Plan and found these revisions beneficial and consistent with the principles and objectives of the Specific Plan, consistent with the goals, objectives and policies of the City's General Plan, and that the Master PUD Permit would not be detrimental to the public interest, health, safety, convenience or welfare of the City.

I 1245-0144\l 116997vl0.doc -1-

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3 . I n a p p ro v in g R E S O L U TI O N N O . P C 2 0 2 3 -0 l , th e P la n n in g C o m m is s io n a d o p t e d s e v e ra l fi n d in g s in s u p p o rt o f th e M a s te r P U D P e r m it. It found that the Master PUD Permit is consistent with the General Plan goals, objectives and policies. It also found that the Master PUD Permit is consistent with Specific Plan goals, policies, standards and design criteria.

In addition, it found that the Master PUD Permit is consistent with the Train Station Specific Plan PUD Overlay Zone.

4. In approving RESOLUTION NO. PC2023-0l, the Planning Commission found that an Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program were previously adopted for the Train Station Specific Plan, which includes all land covered by the Master PUD Permit. Any potentially significant impacts of the Development Project are identified in the EIR, and compliance with mitigations from the EIR is a requirement of the Master PUD Permit, as outlined in Section B of the Permit. It also found that any potentially significant negative impacts on environmental quality and natural resources have been properly mitigated. For this reason, the Master PUD Permit complies with the California Environmental Quality Act (CEQA). An Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program were previously adopted for the Train Station Specific Plan, which includes all land subject to this Development Review request. The Development Project is conditioned to comply with a Master Planned Unit Development Permit for Planning Area 1 of the Train Station Specific Plan, the terms of which require the Master PUD Permit to comply with all applicable mitigation measures in the EIR.

B. RE SOLU TIO N NO . PC2023-02 - TENTA TIVE SU BDIVI SION M AP (T S2021-005) AN D DE V ELO PM EN T RE V IEW (DR2 021-020). On January 25, 2023, the Fairfield Planning Commission held a duly noticed public hearing to consider the development application for Tentative Subdivision Map (TS2021-005) and Development Review (DR2021- 020) to subdivide a 25.80-acre site off Peabody Road (APNs: 0166-110-120 and 0166-110-410) into 123 lots for development of 346 townhomes (DR 2021-020) (referred to below, collectively, as the Developer Project). The Planning Commission considered the City staff presentation, the substantial factual information regarding the proposed Developer Project in staff reports, and the oral presentations before the Planning Commission, and the Planning Commission considered all public testimony and information presented during the public hearing regarding DR2021-020. The Planning Commission approved Resolution No. PC2023-02, Resolution of the Fairfield Planning Commission Granting Tentative Subdivision Map (TS202 l-005) and Development Review (DR2021-020) Approval to Subdivision of a± 25.80 Acre Site off Peabody Road (APNS: 0166- 110-120 and O 166-110-410) into 123 lots for development of 346 townhome units and associate site improvements.

I. The Planning Commission adopted several findings in support of TS2021- 005. Specifically, it found that the proposed subdivision, together with the provision for its design and improvement, is consistent with the City's General Plan in that the General Plan designates the area for Train Station Specific Plan Area 1 (TSSP-PAI) development. It also found that the site is physically suitable for the type and proposed density of development and, with proper development techniques, may be developed into its intended use; the design of the subdivision or proposed improvements are not likely to cause substantial environmental damage, and will not substantially and avoidably injure fish or wildlife of their habitat; the design of the subdivision or the type of improvements is not likely to cause serious public health problems in that the 11245-014413 ! 16997vl0.doc -2-

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c o m m u n ity w a te r a n d se w e r sy ste m s a re av a ila b le to th e site . T h e P la n n in g C o m m issio n fu rth e r fo u n d th a t th e d e s ig n o f th e su b d iv is io n o r th e ty p e o f im p ro v e m en ts w ill n o t co n fl ic t w ith e a s e m e n t a c q u ire d b y th e p u b lic fo r a c c e s s th ro u g h , o r u se o f th e p ro p e rty w ith in th e p ro p o se d s u b d iv is io n , in th a t th e re a re n o t a c c e s s ea s e m e n ts fo r u se b y th e p u b lic at la rg e ex istin g o n th e su bje c t s ite a n d th a t th e d is c h a rg e o f w a s te fr o m th e p ro p o se d su b d iv isio n in to th e co m m u n ity se w e r se rv in g sa id p ro p o s e d s u b d iv is io n w ill n o t re s u lt in o r a d d to a v io la tio n o f th e w a ste d is c h a rg e re q u ire m e n ts a p p lic a b le to sa id se w e r sy ste m w h ic h w e re p resc rib e d b y th e C a lifo rn ia R e g io n a l W a te r Q u a lity C o n tro l B o a rd , S a n F ra n c is c o B a y R e g io n , in th at th e ex istin g F a ir fi e ld S u is u n S e w e r D is tric t tre a tm e n t p la n t h a s a d e q u a te ca p a c ity . 2 . T h e P la n n in g C o m m is s io n a ls o a d o p te d se v e ra l fi n d in g s in su p p o rt o f D R 2 0 2 1 -0 2 0 . S p e c ifi c a ll y , it fo u n d th a t D R2 0 2 1-0 2 0 is co n s iste n t w ith th e G e n e ra l P la n an d Z o n in g O rd in a n c e , a n d a n y a p p lic a b le A re a w id e o r S p e c ifi c P la n . It a lso fo u n d th a t th e ex te rio r d e s ig n a n d a p p e a ra n c e o f sa id D e v e lo p e r w ill n o t c a u se th e n a tur e o f th e n e ig h b o rh o o d to e c o n o m ic a ll y , p h y s ic a ll y , o r v is u a ll y d e c lin e ; D R 2 0 2 l-0 2 0 is o f h ig h q u a lity d e sig n co n siste n t w ith a p p lic a b le d e s ig n p o lic ie s a n d sta n d a rd s o f th e C ity ; a n d a n y p o te n tia lly sig n ifi c a n t n e g a tiv e im p a c ts to e n v iro n m e n ta l q u a lity a n d n a tu ra l re so ur c e s h a v e b e e n p ro p e rl y m itig a te d an d D R2 0 2 l- 0 2 0 c o m p lie s w ith C E Q A.
3 . T h e P la n n in g C o m m is s io n a d o p te d RE S O L U TI O N P C 2 0 2 3 -0 2 , su bje c t to c o n d itio n s c o n ta in e d in E X H IB IT A to sa id R e s o lu tio n .

C. RE SO LU TIO N NO. PC2024-01 (DR2 024-001). On March 27, 2024, the Planning Commission held a duly noticed public hearing and adopted City of Fairfield Planning Commission Resolution PC2024-0l, a Resolution of the Fairfield Planning Commission Granting Development Review (DR2024-001) Approval for On-Site Improvement Revisions for 346-Unit Aviatrix Project Located on a ±25.80 Acre Site Off Peabody Road (APNS: 0166-110-120 and 0166-110-410) into 123 lots for development of 346 townhome units and associate site improvements on the Development. The revisions involved reconfiguring certain on-site drive aisles and building locations to support the Development's construction sequencing and enable the separate development of APN: 0166-110-120 from APN: 0166-110-410. The Planning Commission considered the City staff presentation, the substantial factual information regarding the proposed Modified Developer Project (defined below) in staff reports, and the oral presentations before the Planning Commission, and the Planning Commission considered all public testimony and information presented during the public hearing regarding DR2024-001.

Republic Urban Properties (Developer) is the developer ofDR2021-020 as modified by DR2024- 001 (referred to as the Modified Developer Project).

I. The Planning Commission adopted several findings in support of DR2024- 001. Specifically, it found that the Modified Developer Project is consistent with the City's General Plan and Zoning Ordinance. It also found that the proposed project is consistent with the TSSP-PAI General Plan land use designation and the TS-PD Zoning classification. Furthermore, the Modified Developer Project is compatible with multiple General Plan objectives and policies, including the objectives and policies described below: (i) Policy HO 1.1: Encourage multifamily housing at appropriate locations and densities, focusing where possible such new housing near employment, transportation, services, and recreational amenities; (ii) Objective LU 8: Develop and maintain a pattern of residential land uses which provides for a variety and balance of densities 11245-014 4\3 I I 6997vl0 .doc -3-

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a n d o p p o r t u n it ie s fo r a m ix t u r e o f d i ffe r e n t d w e ll in g a n d te n ur e ty p e s . (S e e P o lic y H O 1. I ); (iii) O bj e c t iv e L U 1 1 : P ro v id e m u lt i-fa m ily o w n e r s h ip a n d r e n t a l u n it s in a v a r ie ty o f c o s t ra n g e s d is p e r s e d t h ro u g h o u t t h e C it y ; (iv ) P o l ic y L U 1 1 .1 : E n c o u ra g e t h e d e v e lo p m e n t o f a w id e v a r ie t y o f h ig h e r d e n s it y m u lt i-fa m i ly r e s id e n t ia l u s e s . (S e e P o lic y H O 1 .3 ); (v ) P o lic y L U 1 1 .2 : M u lt i- fa m i ly r e s i d e n t ia l la n d u s e s s h a ll b e d e v e lo p e d w it h a b a la n c e o f o p e n s p a c e , la n d s c a p in g a n d r e c r e a t io n a l a m e n it ie s a n d s h a ll b e a c c e s s ib le to c o m m e r c ia l a n d r e c r e a t io n a l a r e a s , a n d p u b lic t ra n s p o rt a t io n fa c il it ie s . (S e e O bj e c t iv e L U 6 ); (v i) P o lic y O S 1 1 .1 : S e c u r e p u b lic a c c e s s to o p e n s p a c e t o t h e m a x im u m e x t e n t fe a s ib le ; (v ii) P o lic y O S 1 1 .2 : P ro m o t e tra il s y s te m s th ro u g h th e o p e n s p a c e s , a n d p e d e s t r ia n /b ic y cl e lin k s th ro u g h o u t t h e C it y , p e r t h e a d o p t e d M a s te r T ra ils P la n a n d t h e C ir c u l a t io n E le m e n t B ic y cl e R o u t e s M a p . (S e e O bj e c t iv e C l 9 , P o lic ie s C l 9 .1 a n d C l 9 .2 , a n d P ro g ra m C l 9 .2 A ); (v i i i) P o l ic y O S 1 1.3 : R e q u ir e a ll d e v e lo p m e n t p ro j e c t s to in c o r p o ra te r e c r e a t io n a n d t ra ils e le m e n t s in t o p ro j e c t d e s ig n ; (i x ) P o lic y O S 1 1 .4 : W h e r e a p p ro p r ia te , p ro j e c t s s h o u ld p ro v id e a c c e s s t o t ra il h e a d s lo c a t e d o n a dj a c e n t p u b l ic o r n o n p ro fi t -o w n e d o p e n s p a c e la n d s ; (x ) O bj e c t iv e P F 2 : N e w d e v e lo p m e n t s h a ll p a y s u c h fe e s a n d t a x e s a s n e c e s s a r y to m e e t a ll id e n t ifi e d c o s t s a s s o c ia t e d w it h t h a t d e v e lo p m e n t ; (x i) P o l ic y P F 2 .1 : N e w d e v e lo p m e n t s h a ll b e r e s p o n s i b le fo r t h e p u b lic c o s t s a t t a c h e d t o e a c h d e v e lo p m e n t p ro j e c t , w h ic h in c lu d e , b u t a r e n o t lim it e d t o , t h e a c q u is it io n o f p e r m a n e n t o p e n s p a c e , t h e p ro v is io n o fa d e q u a te s c h o o l fa c ilit ie s , a n d t h e p ro v is io n o f s t r e e t s , s t r e e t lig h t in g , s id e w a lk s , la n d s c a p in g , s to r m d ra in s , a n d o t h e r in fr a s t ru c t u r e n e e d s ; (x ii) P o l ic y P F 2 .2 : N e w d e v e lo p m e n t s h a ll b e r e s p o n s ib le fo r p a y in g a . fi n a n c ia l c o n t r ib u t io n t o m it ig a t e t h e e ffe c t o f t h e d e v e lo p m e n t o n th e p ro v is io n o f s u c h p u b lic s e r v ic e s a s p o l ic e a n d fi r e p ro t e c t io n , p u b lic e d u c a t io n , w a t e r , a n d s e w e r ; (x iii) P o lic y U D 3 .3 :

R e q u ir e n e w d e v e lo p m e n t t o r e s p e c t t h e s c a le a n d c h a ra c t e r o f n e a r b y s t ru c t ur e s a n d m in im iz e o r m it ig a t e a b ru p t a n d e x c e s s iv e d iffe r e n c e s ; a n d (x iv ) O bj e c t iv e U D 4 : E n s u r e h ig h s t a n d a r d s o f q u a lit y in d e v e lo p m e n t.
2 . T h e P la n n in g C o mm is s io n a ls o a d o p t e d s e v e ra l fi n d in g s in s u p p o rt o f D R2 0 2 4 -0 0 I . S p e c ifi c a ll y , it fo u n d th a t D R2 0 2 4 -0 0 I w ill n o t c a u s e t h e n a tur e o f th e n e ig h b o r h o o d t o e c o n o m ic a ll y , p h y s ic a ll y , o r v is u a ll y d e cl in e . T h e M o d ifi e d D e v e lo p e r P ro j e c t w ill b e d e v e lo p e d t o m e e t s p e c ifi c Z o n in g O r d in a n c e d e v e lo p m e n t r e q u ir e m e n ts a n d th e C ity 's D e s ig n & D e v e lo p m e n t G u id e l in e s . C it y s t a n d a r d c o n d it io n s a n d s p e c ia l c o n d it io n s o f a p p ro v a l h a v e b e e n p la c e d o n t h e M o d ifi e d D e v e lo p e r P ro j e c t to e n s ur e th a t t h e s ite im p ro v e m e n t s , la n d s c a p i n g , a n d lig h t in g a r e c o m p a t ib le w it h d e v e lo p m e n t s in th e v ic in it y o f th e s u bj e c t s ite a n d g r e a t e r s ur ro u n d in g a r e a . T h e M o d ifi e d D e v e lo p e r P ro j e c t 's d e s ig n a n d c o n d it io n s , in cl u d in g c o n d it io n s fo r s t o r m w a t e r q u a lit y t r e a t m e n t e n h a n c e m e n t s , la n d s c a p in g , p u b lic a c c e s s e a s e m e n ts , a n d e m e r g e n c y v e h ic le a c c e s s . F u rt h e r m o r e , p r e v io u s ly a p p ro v e d d e v e lo p m e n t e n t it le m e n t s fo r t h e p ro j e c t 's a r c h it e c t u r e e n s u r e t h e r e s id e n t ia l b u i ld in g s a r e d e s ig n e d c o n s is t e n t w ith th e T S S P D e s ig n G u id e l i n e s p o lic ie s a n d t h e P A I M P U D P e r m it. 3 . T h e P la n n in g C o m m is s io n a ls o fo u n d th a t t h e M o d ifi e d D e v e lo p e r P ro j e c t is o f h ig h q u a l it y d e s ig n c o n s is t e n t w it h a p p lic a b le d e s ig n p o lic ie s a n d s t a n d a r d s o f th e C it y . T h e P ro j e c t h a s b e e n d e s ig n e d a n d c o n d it io n e d to m e e t th e d e v e lo p m e n t c r it e r ia o f th e C it y 's Z o n in g O r d i n a n c e , D e s ig n a n d D e v e lo p m e n t G u id e lin e s , a n d th e T S S P . T h e M o d ifi e d D e v e lo p e r P ro je c t c o n s is t s o f 8 0 a tt a c h e d -r e s id e n t ia l b u ild in g s , a r e c r e a t io n b u i ld in g , p o o l b u ild in g , o u td o o r a m e n it ie s , la n d s c a p in g , a n d a s s o c ia t e d s it e im p ro v e m e n t s . T h e M o d ifi e d D e v e lo p e r P ro j e c t 's p r e v io u s ly a p p ro v e d a r c h it e c t u r e p r e s e n t s tw o co m p a t ib le s t y le s p e r e a c h b u ild in g ty p e , "C o n t e x t u a l A g ra r ia n " a n d "T ra n s it io n a l C a l ifo rn ia n ". T h e b u i ld in g s e m p lo y a v a r ie t y o f ro o f lin e s , a r c h it e c t u ra l m o v e m e n t , c o n s t ru c t io n m a t e r ia ls , w in d o w tr e a t m e n t , a n d c o m p le m e n ta r y 11245-014413 I I 6997vl O.doc -4-

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c o lo r s to c r e a te a h ig h -q u a lity d e s ig n . It fur th e r fo u n d th a t a n y p o t e n t ia ll y s ig n ifi c a n t n e g a t iv e im p a c t s to e n v iro n m e n ta l q u a lit y a n d n a t u ra l re s o ur c e s h a v e b e e n p ro p e rl y m it ig a te d a n d th a t th e M o d ifi e d D e v e lo p e r P ro j e c t c o m p lie s w ith th e C E Q A. A n E IR a n d M itig a tio n M o n ito r in g a n d R e p o rt in g P ro g ra m w e r e p r e v io u s ly a d o p te d fo r th e T S S P , w h ic h in c lu d e s a ll la n d s u bje c t to D R2 0 2 4 -0 0 I. In adopting Resolution PC2024-01, the Planning Commission noted that the Modified Developer Project is conditioned to comply with the PA 1 MPUD Permit, including terms which require the Modified Developer Project to comply with all applicable mitigation measures in the EIR.

4. The Planning Commission adopted RESOLUTION NO. PC2024-0l, subject to conditions contained in EXHIBIT A to said Resolution.

D. APPLICABLE CONDITIONS OF APPROVAL. To facilitate the orderly development of the MPUD Property, the Master PUD Permit was approved subject to certain conditions set forth on EXHIBIT A (MASTER PLANNED UNIT DEVELOPMENT PERMIT) Train Station Specific Plan, Planning Area 1 (PUD2022-001) to RESOLUTION NO. PC2023-0l, EXHIBIT A to RESOLUTION NO. PC2023-02; and in EXHIBIT A to RESOLUTION NO.

PC2024-0l. Conditions relating to infrastructure construction and sharing of costs were set forth at Section F. of EXHIBIT A and site-specific development conditions required by the Public Works Department for the development of the Development were contained in Conditions of Development dated December 29, 2022 to Resolution No. PC2023-0l. The conditions were modified pursuant to Resolution PC2024-0l. The applicable infrastructure conditions identified in EXHIBIT A to Resolution PC2023-01 are described in Recital D. l. below. The applicable Special Conditions and Site Specific Public Works Conditions for the Modified Developer Project, which are identified in EXHIBIT A to Resolution PC2023-02 and updated by the conditions identified in EXHIBIT A Resolution No. PC2024-0l, are described in Recital D.2. below.

1. The applicable infrastructure conditions include the following:

Conditions Relating to Regional Infrastructure Improvements Set Forth at Section F. of EXHIBIT A
F.6. Infrastructure construction requirements for each parcel(s), or any subset thereof, shall be as identified in the attached "Minimum NE Area Fee Improvements Planning Area l ", unless the signal has previously been constructed. The specific timing of construction for each signal identified for a parcel in the exhibit shall be identified in conjunction with development entitlements approved subsequent to this Master PUD permit.

F.7. Pursuant to Chapter 10 of the TSSP, signalized intersections are required along Cement Hill Road and Peabody Road at the following locations:
a. Cement Hill Road and Walters Road
b. Cement Hill Road and Residential Street (Intersection #43) 11245-0144\J I 16997vl0.doc -5-

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c. C em ent H ill R oad and N oonan L ane (I ntersection # I 0) d. Peabody R oad and Street D (Intersection #44)
e. P eabody R oad and Street A (Intersection #45)
f. Signal/P edestrian m od ifi cation im pro vem ents at the C em ent H ill/P eabody/V anden R oad intersection
Developer is required to build the signalized intersections at Peabody Road and Street D (Intersection #44) and Peabody Road and Street A (Intersection #45)
F.8. The westerly half of Peabody Road, along the Planning Area I frontage, shall be widened consistent with the City's Peabody Road Preliminary Plan Line, dated November 4, 2011.

Developer is responsible for the improvements to Peabody Road along the frontage of Developer's Property.

2. The Special Conditions and Site Specific Conditions for the Developer Project from the Public Works Department identified in EXHIBIT A to RESOLUTION PC2023- 02, as updated pursuant EXHIBIT A to RESOLUTION PC2024-0l, are set forth on the table below:

1.2 The Developer shall construct all the minimum improvements identified in the 'Common Benefit and Cost Sharing Analysis' and 'Minimum NE Area Fee Improvements Planning Area I', as
prescribed in the PAI MPUD and the attached Public Works Department Conditions of Development.

Traffic Signal Improvements:
4 Pursuant to a) Chapter 10 of the TSSP, b) the MPUD entitlement's Common Benefit and Cost Sharing Analysis, (CB/CSA, dated September 21, 2022), c) the MPUD entitlement's Minimum NE Area Fee Improvement exhibits (NE Exhibits, dated August 8, 2022), and d) the City's Peabody Road Preliminary Plan Line, dated 11/4/2011 (Peabody Plan Line), the proposed development shall construct traffic signal improvements at the following locations:
• Peabody Road and Street D (Intersection #44)
• Peabody Road and Street A (Intersection #45)
• Signal/Pedestrian modification improvements at the Cement Hill/Peabody/Vanden Road intersection
11245-0144\3 I 16997vl0.doc -6-

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T h e D e v e lo p e r s h a ll d e s ig n , c o n s t ru c t n e w t ra ffi c s ig n a ls , a n d m o d ify t h e e x is t in g t ra ffi c s ig n a l a t t h e a fo r e m e n t io n e d in t e r s e c t io n s a lo n g t h e P e a b o d y R o a d s t r e e t fr o n t a g e o f t h e p ro p o s e d d e v e lo p m e n t. T ra ffi c s ig n a l d e s ig n a n d lo c a t io n s h a ll c o n s id e r A D A r e q u i r e m e n t s a n d s ig n a l a l ig n m e n t w it h t h e u lt im a t e p la n n e d ro a d w a y g e o m e t r y . A ll u p fr o n t c o s t s a s s o c ia t e d w it h t ra ffi c s ig n a l d e s ig n a n d c o n s t ru c t io n s h a ll b e b o rn e s o le ly b y t h e D e v e lo p e r. T h e D e v e lo p e r s h a ll c o n s t ru c t t h e t ra ffi c s ig n a l im p ro v e m e n t s in t h e u lt im a t e lo c a t io n a n d c o n fi g u ra t io n , in cl u d in g in t e r s e c t io n im p ro v e m e n t s a n d s t r ip i n g , a s r e q u ir e d b y t h e C it y o f F a ir fi e ld P u b l ic W o r k s D e p a r t m e n t. I n c o n s id e ra t io n fo r d e s ig n a n d c o n s t ru c t io n o f t h e t ra ffi c s ig n a ls , t h e D e v e lo p e r s h a ll b e e l ig ib le fo r F e e C r e d i t c o n s id e ra t io n . F e e C r e d it a m o u n t s s h a ll b e d e t e r m in e d b a s e d o n t h e m o s t c ur r e n t F e e S t u d ie s a d o p t e d b y t h e C it y C o u n c i l a n d id e n t ifi e d o n t h e e x e c u t e d im p ro v e m e n t a g r e e m e n t fo r t h e e l ig ib le im p ro v e m e n t s .
5 Any proposed interim or temporary traffic signal improvements that are not per the ultimate design or location may only be allowed at the City Traffic Engineer's sole discretion, provided the proposed interim or temporary improvements comply with current Caltrans state standards. All costs associated with interim or temporary traffic signal improvements shall not be eligible for Fee Credit consideration and shall be borne solely by the Developer.

Pea bod v Road and Cement Hill Improvements:
6 The Developer shall construct improvements widening the westerly half of Peabody Road per the Peabody Plan Line. Design shall include, but is not limited to, the following conditions:
• 156 feet total right-of-way width
• 10-foot wide, separated pedestrian sidewalk
• 5-foot bike lane with 3-foot buffer
• At least two (2) southbound vehicle travel lanes, sized to the satisfaction of the City Traffic Engineer
• Dedicated left-turn pockets at intersection approaches. [The Developer shall begin constructing improvements widening Peabody Road along their parcel frontage prior to start of developing APN: 0166-110-41 0]. Peabody Road design
drawings shall include adequate information and design
showing vehicular transitions to-and-from the widened
segments of Peabody Road.
7 The Developer shall furnish the necessary documents to the City for review and dedicate right-of-way along the Peabody Road street frontage to the City prior to City acceptance of the widening 11245-014413116997v10.doc -7-

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im pro vem ents. In considera tion fo r gra nting right-of-w ay to the City, the D eveloper shall be eligible fo r Fee Credit considera tion. 8 There are existing roadside ditches along the west side of Peabody Road. As part of the Peabody Road widening improvements, the Developer shall apply for and receive all necessary authorizations and permitting from the pertinent regulatory agencies prior to any construction. Approvals may be required from the following agencies: (a) California State Waterboards, (b) US Army Corps. of Engineers, (c) California Department of Fish and Wildlife. Copies of the issued permits shall be submitted to the City Public Works Department prior to execution of any improvement agreement for the required widening improvements. All costs to acquire the necessary permitting shall be borne solely by the Developer. In consideration for this environmental mitigation, the Developer shall be eligible for Fee Credit consideration.
9 As part of Peabody Road and/or Cement Hill Road widening improvements, MPUD developer(s) shall design and install new streetlights along Peabody Road and Cement Hill Road per current City standard and specifications for decorative streetlights (City Standard Detail Tl2) and LED. Streetlight style shall match those at the Fairfield-Vacaville Hannigan Train Station (Train Station) and include pedestrian realm lighting on specific segments. Please contact the Public Works Department to identify segments that shall include pedestrian realm lighting. Any existing streetlights shall be removed and replaced with the decorative style. MPUD developer(s) shall exercise due diligence in protecting existing joint trench utilities and shall restore or replace in-kind, to current City standards and specifications, any conduits, conductors, and facilities damaged as a result of improvements constructed for this project. 10 Irrigation sleeves shall be installed with widening improvements in anticipation of future irrigation within the median islands along Peabody Road and/or Cement Hill Road.

Median Islands

11. If appropriate to facilitate phasing the proposed Peabody Road widening improvements, the Developer shall construct new median improvements, consistent with the Peabody Plan Line, along the Peabody Road street frontage of the proposed development. Median breaks outside of signalized intersections shall not be allowed under any circumstance.

Street A and Street D:
12 The Developer shall design and construct Street A consistent with Chapter IO of the TSSP, as identified on the MPUD entitlement 11245-0144\3116997vl0.doc -8-

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p a c k a g e s , p e r r e q u ir e m e n t s o f a c o n n e c t o r s t r e e t , w h ic h s h a ll in cl u d e , a t t h e m in im u m :
• U lt im a t e 3 9 -fo o t r ig h t -o f-w a y w id t h , w h ic h in c lu d e s 1 2 - in c h e s fo r s t r e e t c u r b ;
• T w o (2 ) v e h icl e t ra v e l la n e s , e a c h la n e a m in im u m o f 1 2 - fe e t w id e ;
• S t r e e t p a r k in g s t a ll w id t h o f 7 -fe e t fo r p ro p o s e d s t r e e t p a r k in g ;
• S e p a r a t e d p e d e s t r ia n s i d e w a lk t h a t is m in i m u m 6 -fe e t w id e S t r e e t A s h a ll b e c o n s t ru c t e d a n d o p e ra t io n a l p r io r to is s u a n c e o f t h e fir s t c e rt ifi c a t e o f o c c u p a n c y fo r t h e fir s t 1 8 8 u n it s (P h a s e 1 ) o f t h e p ro p o s e d d e v e lo p m e n t , a s s h o w n o n t h e s u b m itt e d o n -s it e p h a s in g p la n e n t it le d "S i t e P la n " d a t e d 0 6 /2 1/2 3 . A ll u p fr o n t c o s t s a s s o c ia t e d w it h S t r e e t A d e s ig n a n d im p ro v e m e n t s a r e t h e o b l ig a t io n o f t h e p ro p o s e d d e v e lo p m e n t 's D e v e lo p e r. A b r e a k d o w n o f e a c h MP U D p a r c e l D e v e lo p e r 's r e s p o n s ib i l it y is p ro v id e d in t h e C B /C S A .

MP U D d e v e lo p e r (s ) s h a ll c o o r d in a t e c o s t r e c o v e r y fo r t h e s e im p ro v e m e n t s a n d a n y n e c e s s a r y a g r e e m e n t s s h a ll b e e x e c u t e d s o le ly b e t w e e n t h e M P U D D e v e lo p e r (s ) o r t h e p u b l ic im p ro v e m e n t s s h a ll b e in c lu d e d a s p a rt o f a n e w C o m m u n it y F a c i lit ie s D is t r ic t , s e e a d d it io n a l in fo r m a t io n in P u b l ic W o r k s C o n d it io n #7 0 b e lo w . 1 3 C o n c u r r e n t w it h a n y fi n a l s u b d iv is io n o r p a r c e l m a p s c o n v e y in g a n y s e g m e n t s o f S t r e e t A , t h e le g a l m a p s h a ll c r e a t e s e p a r a t e p a r c e ls fo r t h e la n d b e t w e e n t h e p ro p e rt y li n e a n d t h e s t r e e t b a c k -o f-c ur b (P e d e s t r ia n R e a lm ), p e r T S S P P o l ic y 1 4 -3 1 , w h ic h s h a ll b e p r iv a t e ly o w n e d a n d m a in t a in e d b y t h e MP UD 's H O A , o r s im i la r p r iv a t e m a in t e n a n c e a s s o c ia t io n . A s p a r t o f t h e fi n a l m a p , p r iv a t e a c c e s s a n d s e r v ic e e a s e m e n t s s h a ll b e d e d ic a t e d t o t h e C it y o f F a ir fi e ld o v e r t h e P e d e s t r ia n R e a lm p a r c e ls .
1 4 C o n c u r r e n t w it h , o r p r io r t o C it y 's a c c e p t a n c e o f S t r e e t A a n d o p e n in g t o t h e p u b lic , t h e s e g m e n t o f N o o n a n L a n e t h a t w ill b e c o n v e rt e d in t o lin e a r p a r k s h a ll b e c lo s e d o ff t o p u b lic v e h ic u la r t ra v e l. T h e D e v e lo p e r (s ) s h a ll w o r k w it h C it y s t a ff t o p ro v id e a d e q u a t e p u b l ic n o t ic e r e g a r d i n g t h e cl o s ur e . 1 5 C o n s is t e n t w it h t h e T S S P , S t r e e t D s h a ll b e d e s ig n e d a n d c o n s t ru c t e d w it h t h e fo ll o w in g im p ro v e m e n t s , w h ic h s h a ll in cl u d e , a t t h e m in im u m :
• U lt im a t e 3 9 -fo o t r ig h t -o f-w a y w id t h o r 2 5 -fo o t r ig h t -o f- w a y fo r s t r e e t s e g m e n t s a dj a c e n t t o d e s ig n a t e d w e t la n d s ; 11245-0144\3116997vl0.doc -9-

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• T w o (2 ) v eh icl e tra v el lanes, each lan e a m in im um of 12 - fe et w ide;
• Street p ark in g stall w idth of 7-fe et fo r p ro p osed street p ark in g . Street park in g shall not be allo w ed alo n g the street seg m ents ab utt ing d esig n ated w etland s;
• Sep ara ted mu lt i-u se p ath w ay th at is m in im u m 10 -fe et w id e; • B ik e sharro w s shall be insta ll ed on Street D , g u id ing eastbo u nd bicy cl e tra ffi c fr o m H uck R o ad to fu tur e C lass II bik e lanes in P eabo d y R oad . In the interim co n d itio n , sh arro w s shall be oriented to g u ide cy cl ists to w ards alt ern ative p ath s-o f-tra v el, sp ecifi call y an y p ath w ay s to w ards the tra in statio n .

A ll up fr o n t co sts asso ciated w ith Street D desig n an d im p ro v em ents are the ob lig atio n of th e pro p o sed d ev elop m ent's D ev elop er. A b reak d o w n of each M P U D parcel d ev elop er's resp o nsib ility is p ro v ided in the C B /C S A. MP U D d evelop er(s) shall co o rd inate co st recov ery fo r these im p ro v em ents an d an y necessary ag reem ents shall be ex ecuted so lely betw een the M P U D d evelop er(s) o r th e p u blic im p ro v em ents shall be in clu d ed as p art of a new C o m m u n ity Facilities D istrict, see add itio n al in fo rm atio n in P u b lic W o rk s C o n d itio n #70 belo w .
16 T h e D ev elop er h as su b m itt ed a m em ora n d u m fr o m an app ro p riately licen sed tra ffi c p ro fe ssio n al, d ated Sep tem ber 2, 2 0 2 2 , co n cl ud ing that the P eabo dy R o ad and fu tu re Street A intersectio n w ill fu n ctio n at an adeq uate lev el-o f-serv ice to su p p o rt the fi rst p h ase of the p ro p o sed d evelop m en t. T he d evelop er has requ ested , an d the C ity m ay all o w , Street D co n stru ctio n , fr o m the d eten tio n b asin access ro ad to its con nection at P eab o d y R oad, co n cu rren t w ith co nstru ctio n of th e rem ain in g 15 8 u n its on A P N : 0 16 6-11 0 -4 10 (P h ase 2 ), as sho w n on the sub m itt ed on-site p hasin g p lan en titled "S ite P lan" d ated 0 6/2 1/23, co ntin g ent o n th e fo ll ow in g req u ir em en ts:
• T h e D ev elop er shall co n stru ct the requ ired tra ffi c sig nal im p ro v em ents at th e P eab o d y R o ad and Street A in tersection .

T h e tra ffi c sig n a l shall be o p era tio n al prio r to issua nce of any certifi cates o f o ccu pan cy fo r the pro p o sed develo p m ent. • T h e n ort h bo u n d left -tu rn p o ck et on P eab o d y R o ad, on to Street A , shall be m in im u m 15 0 feet to acco m m o d ate adeq u ate veh icl e q u eu in g .
• T h e D ev elop er sh all create, and d ed icate to the C ity , an irrev o cab le offer of d ed icatio n (IO D ) on the p ro ject p arcel, fo r Street D alo n g th e so u therl y pro ject fr o ntage. T he IO D sha ll be created and d ed icated to th e C ity prio r to issuan ce of the fi rst bu ild in g p erm it, co n current w ith th e fi rst p arcel m ap, 11245-0144\3 i 16997vl0.doc -10-

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fi nal su bdiv isio n m ap, or lot m erger created fo r the pro posed d evelop m ent.
• T he D eveloper shall con stru ct an em ergency vehicl e access ro ad (E V A ) along the so utherl y pro perty line of the pro posed d evelop m ent, extending fr om existing N oonan L ane to the pro posed d etention basin m aintenance ro ad. T he E V A shall be co m p leted p rio r to C ity 's issuance of the building perm it fo r the 10 0 th u n it w ith in the pro posed develop m ent. 17 Stre e t D , betw een N oo nan L ane and the detention basin access ro ad (S e g m ent 4 as id entifi ed in the C B /C S A ) shall be constru cted and o p era tional prior to issuance of any certifi cates of occupancy fo r P ha se 1 of th is d evelop m ent. Sp ecifi cally, the sidew alks along the n orth and so uth sid e of Street D shall be constructed to fa cilitate a p e destrian path fr om the d evelop m ent to the T ra in Station.

Street D , betw een the deten tion basin access ro ad (S egm ent 3 as identifi ed in the C B /C S A ) shall be constru cted and opera tional prior to issuance of an y build ing perm its fo r vertical constru ction in A PN :
016 6-1 10 -4 10 .
18 P ublic d rivew ays shall not b e all ow ed along Street D , excl uding the drive w ay pro v id ing m aintenance vehicl e access to the public d e te ntion basin .
19 G eote xtile fa bric sh all b e install ed fo r all pro posed public streets.

3. T he app lic able street, d ra inage, public utility and public infr astru cture im p ro v e m e nts re lating to P e ab od y R o ad an d Street A , w hich are identifi ed in R ecital D .1 and R e c ita l D .2 . a b o v e are re fe rre d to below as "Su bject O ff-site Im pro vem ents". 4 . T he D e velop er ow ns the real pro p ert y identifi ed as AP N O 166-110-120 and attempted to purchase certain real property interests on portions of the real property identified as APN O 166-110-390 from "5055 Peabody, L.L.C." for public use, namely Street A improvements, and attempted to purchase certain real property interests on portions of the real pro petty identified as APN 0166-110-410 from James A. Ewing, Trustee of the Velma J. Ewing Trust dated November 10, 2010 for public use, namely for Street A improvements and Peabody Road improvements.

Satisfaction of the requirements for the above-described public infrastructure improvements involves acquisition and use of real property that is owned by either James A . Ewing, Trustee of the Velma J. Ewing Trust dated November 10, 2010 or 5055 Peabody, L.L.C. (referred to below as "Off-site Property"). The Off-site Property that is required to satisfy the conditions for the Subject Off-site Improvements set forth above in Recital 0.1. and Recital 0.2. consists of (i) an approximate 14,546 square foot permanent easement for public service and public utility purposes on APN 0166-110-390 more particularly described on EXHIBIT A and depicted on EXHIBIT B in connection with public street and related improvements required for Street A improvements; (ii) an approximate 33,270 square foot permanent easement on APN O 166-110-410 more particularly described on EXHIBIT A-1 and depicted on EXHIBIT B-1 in connection with the public street 11245-0144\l I I 6997vl0.doc -11-

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a n d re la te d im p ro v e m e n ts re q u ir e d fo r th e S tr e e t A im p ro v e m e n ts ; (i ii) a n a p p ro x im a te 18 ,9 4 1 s q u a r e fo o t a re a in fe e fr o m A P N 0 1 6 6 -1 1 0 -4 1 0 m o r e p a r t i c u l a r l y d e s c r ib e d o n E X H IB IT A -2 a n d d e p ic te d o n E X H IB IT B -2 fo r p ro p o s e d p u b lic s tr e e t a n d re la te d im p ro v e m e n ts in c o n n e c t io n w it h P e a b o d y R o a d ; (iv ) a n d a n a p p ro x im a te 2 9 ,8 9 8 s q u a r e fo o t a r e a in fe e fr o m A P N 0 1 6 6 -1 1 0 -4 1 0 m o r e p a r t ic u la rl y d e s c r ib e d o n E X H IB IT A -3 a n d d e p ic te d o n E X H IB IT B -3 fo r p ro p o s e d p u b lic s tr e e t a n d re la te d im p ro v e m e n ts in c o n n e c t io n w ith P e a b o d y R o a d . D ra ft s o f E X H IB IT A, E X H IB IT B , E X H IB IT A -1 , E X HI B IT B -1 , E X HI BI T A -2 , E X H IB IT B -2 , E X HI B IT A -3 , a n d E X H IB IT B -3 a re a tt a c h e d h e r e to a n d in c o r p o ra te d h e r e in b y th is re fe r e n c e . D e v e lo p e r w ill c a u s e its s ur v e y o r to fi n a liz e th e le g a l d e s c r ip t io n s a n d s ig n th e m a ft e r s a id fi n a l le g a l d e s c r ip t io n s a n d p la t m a p s a r e re v ie w e d a n d a p p ro v e d b y th e C ity . T h e O ff-S ite P ro p e rt y is re q u ir e d fo r p u b lic s t r e e t p u r p o s e s , in c lu d in g p u b lic a c c e s s p u r p o s e s , s id e w a lk , p u b lic u t ility , d ra in a g e , p u b lic se r v ic e e a s e m e n t p ur p o s e s , tra ffi c s ig n a l p u r p o s e s , a n d a ll u s e s n e c e s s a r y o r c o n v e n ie n t th e r e to . T h e C ity m a in ta in s th e d is c r e tio n to r e v ie w a n d a p p ro v e a n y c o n v e y a n c e d o c u m e n ts th a t g ra n t to th e C ity th e O ff-s ite P r o p e rt y in te r e s ts p r io r to re c o r d atio n o f s u c h d o c u m e n ts .

E . P u r s u a n t to C a lifo rn ia G o v e rn m e n t C o d e S e c tio n 6 6 4 6 2 .5 , w h e n a c o n d itio n o f a s u b d iv is io n m a p a p p ro v a l o r a d e v e lo p m e n t a g r e e m e n t re q u ir e s th e in s ta ll a t io n o r c o n s tru c tio n o f im p ro v e m e n t s o n O ff-s ite P ro p e rt y n o t o w n e d o r c o n tro ll e d b y a d e v e lo p e r , a n d tit le c a n n o t b e o b ta in e d b y n e g o t ia te d p ur c h a s e , a c ity is re q u ir e d to c o m m e n c e p ro c e e d in g s to a c q u ir e O ff-s ite P ro p e rt y b y e m in e n t d o m a in o r s u c h c o n d it io n s fo r th e O ff-s ite im p ro v e m e n ts w ill b e w a iv e d .

P ur s u a n t to s a id S e c t io n 6 6 4 6 2 .5 , a c ity a n d a d e v e lo p e r m a y e n te r in to a n a g r e e m e n t to a ll o c a te th e c o s t s a n d re s p o n s ib ilitie s fo r a c q u is itio n o f s u c h O ff-s ite P ro p e rt y .

F . D e v e lo p e r h a s re q u e s te d th a t C ity a c q u ir e th e O ff-s ite P ro p e rt y p u r s u a n t to G o v e rn m e n t C o d e S e c tio n 6 6 4 6 2 .5 .

G . D e v e lo p e r h a s p ro v id e d c r e d ib le e v id e n c e th a t D e v e lo p e r h a s m a d e a g o o d fa it h e ffo r t to a c q u ir e th e O ff-s ite P ro p e rt y to c o n s tru c t th e S u bje c t O ff-s ite Im p ro v e m e n ts b u t h a s b e e n u n a b le to d o s o b y n e g o t ia te d p u r c h a s e .

H. City is authorized to acquire property by eminent domain for public use, namely for public street purposes, drainage, public utility purposes, and all uses necessary or convenient thereto, pursuant to Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 37353, 40401, 40404, and 66462.5, Code of Civil Procedure Section 1230.010 et seq., and other provisions of law. Code of Civil Procedure, Section 1240.010 provides that "[t]he power of eminent domain may be exercised to acquire property only for a public use. Where the Legislature provides by statute that a use, purpose, object, or function is one for which the power of eminent domain may be exercised, such action is deemed to be a declaration by the Legislature that such use, purpose, object, or function is a public use." Government Code Section 66462.5(c) authorizes the City and the developer of a project for which the construction of off-site improvements are required to enter into an agreement requiring the developer to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires an interest in the land that will permit such improvements to be constructed. Government Code Section 66462.5(a) provides that a city or county may "acquire by negotiation or commence eminent domain proceedings pursuant to Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure to acquire an interest in the land which 11245-0144\J I 16997vl0.doc -12 -

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w ill p e r m it t h e im p ro v e m e n t s to b e m a d e , in c lu d in g p ro c e e d in g s fo r im m e d ia te p o s s e s s io n o f th e p r o p e rt y u n d e r A r t icl e (c o m m e n c in g w it h S e c t io n 1 2 5 5 .4 1 0 ) o f C h a p t e r 6 o f th a t tit le ." I. C it y m u s t c o m p ly w it h th e R e lo c a t io n A s s is ta n c e A c t , G o v e rn m e n t C o d e S e c t io n 72 6 0 et seq., and the Eminent Domain Law (Code of Civil Procedure Section 1230.010 et seq.), and their implementing regulations, in acquiring property for public improvements ("Public Land Acquisition Statutes").

J. To facilitate the satisfaction of the condition of approval, City and Developer now mutually desire to enter into this Agreement under Government Code Section 66462.5 concerning acquisition of the Off-site Property for the proposed construction of the Subject Off-site Improvements and to allocate responsibility between the respective Parties.

AGREEMENT
NOW THEREFORE, in consideration of the above RECITALS and the mutual covenants and agreements set forth herein, City and Developer agree to the following:

1. This Agreement is solely made in furtherance of the authority granted under Government Code Section 66462.5. The Patties recognize that City cannot exercise its power of eminent domain until the City has satisfied all legally required preconditions under the Public Land Acquisition Statutes, including the adoption of a Resolution of Necessity by the City Council in accordance with applicable law. This Agreement is neither a commitment nor an announcement of an intent by City to acquire any or all of the Off-site Property that may be identified in this Agreement. In the event the City Council, in its sole discretion, adopts a Resolution of Necessity after the required public hearing authorizing the acquisition of the Off-site Property by eminent domain, and elects to commence an eminent domain proceeding, then City will cause the eminent domain proceeding for the acquisition of the Off-site Property (whether fee, leasehold, or otherwise) in and to the Off-site Property to be filed and expeditiously processed to completion by and through the use of City's power of eminent domain.

2. Ci ty Acquisition of Off-site Property. Developer agrees that City will exercise exclusive control of the acquisition of the Off-site Property and, if necessary, any eminent domain proceeding(s) filed to acquire the Off-site Property. Subject to Developer's timely and continuous performance of all elements of this Agreement, City will proceed with the following steps in connection with the proposed acquisition of the Off-site Property:
a. City will obtain an appraisal of the Off-site Property in accordance with the requirements of Public Land Acquisition Statutes. b. City will, in good faith, negotiate with the current owners of the Off- site Property to attempt to acquire the Off-site Property without the necessity of eminent domain proceedings.
c. If such negotiations prove unsuccessful, City Staff will schedule a hearing for the City Council to consider the adoption ofresolution(s) of necessity for acquisition of the Off-site Property in accordance with applicable law. The City Attorney's Office will file eminent domain proceeding(s) for the purpose of acquiring the Off-site Property by eminent 11245-0144\3116997vl0.doc -13-

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dom ain if: (1 ) the C ity C ouncil, in its sole and excl usive discretion, determ ines that the City has com plied w ith the Public Land A cquisition Statutes; (2) the City C ouncil considers all of the fa cts presented at any hearing scheduled fo r the considera tion of the adoption of resolution(s) of necessity; (3) the City Council, in its sole and excl usive discretion, m akes the findings necessary fo r adoption of resolution(s) of necessity under the E m inent D om ain Law ; and (4) the C ity C ouncil, in its sole and exclusive discretion, determ ines to adopt resolution(s) of necessity by the required votes.
d. If the City Council adopts any resolution(s) of necessity, the City Attorney's office will file, on behalf of the City, eminent domain proceeding(s) promptly following the adoption of such resolution(s) of necessity and will diligently prosecute such proceeding(s). e. City and Developer will cooperate with each other in connection with the acquisition process and keep each other fully advised of the progress of the acquisition of the Off-site Property.
f. Developer agrees that City will exercise exclusive control of the acquisition of the Off-site Property and, if necessary, any eminent domain proceeding(s) filed to acquire the Off-site Property, including but not limited to, exclusive control regarding the selection of consultants, experts, litigation, and settlement.
g. Developer agrees that the City Attorney's Office and any experts or consultants retained on behalf of the City in connection with any such eminent domain proceeding(s) do not represent Developer in any capacity and further that Developer is not a third- party beneficiary.
h. The Parties further agree that this Agreement can be terminated by the City if the court determines in any eminent domain proceeding(s) that the City does not have the right to take the Off-site Property by eminent domain in accordance with the Eminent Domain Law, or if the City determines, in its sole and exclusive discretion, not to adopt any resolution(s) of necessity.

3. Developer Responsible for All Costs of Acquisition(s). Developer is solely responsible for all Off-site Property acquisition costs (Acquisition Costs), which include, but are not limited to, the costs of title reports and/or litigation guarantees, appraisal costs, litigation expenses, costs for experts and consultants, court costs, attorneys' fees, deposits necessary to take immediate possession of the Off-site Property, deposits reflecting settlement of any suit filed by the City pursuant to a stipulation for entry of judgment and final order of condemnation or settlement agreement, compensation required by a jury verdict as to the value of said Off-site Property, payments for land and improvements on the land, severance damages, fixtures and equipment payments, payments for loss of business goodwill, relocation benefits, precondemnation damages, relocation expenses, abandonment costs or damages, the Off-site Property owners' statutory costs and litigation expenses authorized by the Eminent Domain Law, Public Land Acquisition Statutes, and any and all fees, costs, and expenses arising from or related to any of the foregoing items, actions, and proceedings.

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4 . Limitations on City's Ability to Acquire Off-site Property; Time Waiver.
a. The Parties hereto recognize that if the City Council, in its discretion, adopts any resolution(s) of necessity and authorizes the filing of eminent domain proceeding(s) in connection with the Off-site Property, the City may not be able to obtain title to the Off-site Property within the time set forth in Government Code Section 66462.5 and in recognition of this potential circumstance the Parties hereby waive the time requirements for action by City as set forth in Government Code Section 66462.5. b. The timing of the City's acquisition of the portion of the Off-site Property for Developer's construction of the public street, sidewalk and related improvements along the north side of Street A will not delay the development of "Phase I" of the Developer Project. Additionally, the City's acquisition of the portion of the Off-site Property for Developer's construction of the public street, sidewalk and related improvements along the north side of Street A shall not delay construction of the Street A roadway altogether.

5. Deposit of Costs. Concurrently with the execution of this Agreement, Developer will deliver to City the sum of$50,000 (Fifty Thousand Dollars). City agrees to deposit said sum in a separate City account ("Separate Fund") and to use the principal sum, and any interest earned thereon, in furtherance of satisfying the costs specified in this Agreement. a. City will, on a monthly basis, or as often as City deems necessary, provide Developer with an accounting of disbursements from the Separate Fund established pursuant to this Section. In the event disbursements reduce the balance of the fund to $5,000 (Five Thousand Dollars) or less, Developer, within five (5) business days following a written request by City, will deliver to City such additional monies as are necessary to maintain the balance in the separate fund at $20,000 (Twenty Thousand Dollars).
b. Developer agrees to deliver to City, promptly upon demand by City, the entire amount City determines is required by the Eminent Domain Law ("Deposit Amount"), which amount City will deposit with the State Condemnation Fund under Code of Civil Procedure Section 1255.010 et seq. if City and Developer agree that City should seek prejudgment possession of the Off-site Property. The Deposit Amount may be paid from the Separate Fund, subject to the terms of 5.a above. If during the course of any eminent domain proceeding(s), City's expert valuation witness or the court determines that the fair market value of the Off-site Property is higher than the Deposit Amount, Developer will deliver this additional amount to City for deposit in the Separate Fund upon five (5) business days following a written request by City or as ordered by any court of competent jurisdiction. City will promptly deposit this additional amount with the State Condemnation Fund or as ordered by the court.
c. If for any reason Developer fails to maintain the Separate Fund balance referenced in this Section, or fails to provide the monies as required herein, City may take the following action(s):
(i) City may utilize and draw down all or any portion of the improvement security deposited with the City to ensure completion of the Off-site public 11245-0144\J I 16997vl O.doc -15-

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in fr a s t ru c tur e im p ro v e m e n ts to p a y a n y o f th e c o s t s a n d e x p e n s e s re fe r e n c e d h e r e in fo r a c q u is it io n o f th e O ff-s ite P ro p e r ty . C ity w ill n o t c o m m e n c e a n y a c t iv ity u n d e r o r in fu r th e ra n c e o f th is A g r e e m e n t u n t il D e v e lo p e r p ro v id e s C ity a n d C ity a g r e e s w ith a n d a p p ro v e s a w r itt e n a c k n o w le d g m e n t fr o m b o th th e D e v e lo p e r a n d th e p e r s o n , fi r m , o r e n tity w h o h a s p ro v id e d th e re fe r e n c e d s e c ur ity th a t: (a ) C ity m a y m a k e a d e m a n d o n th e s e c ur ity fo r th e p u r p o s e s d e s c r ib e d in th is A g r e e m e n t; (b ) th e s u r e ty w ill p ro m p t ly p a y s u c h m o n ie s to C ity u p o n C ity 's d e m a n d . (ii) C ity m a y c o m p le te th e e m in e n t d o m a in p ro c e s s a n d re c o v e r a ll A c q u is it io n C o s ts fr o m D e v e lo p e r. D e v e lo p e r s h a ll b e re q u ir e d to r e im b u r s e th e C ity fo r sa id A c q u is it io n C o s ts w ith in fi v e (5 ) b u s in e s s d a y s fo ll o w in g th e C ity 's w r itt e n re q u e s t fo r sa id p a y m e n t. T h e C ity w ill in cl u d e d o c u m e n ta t io n e v id e n c in g th e A c q u is it io n C o s ts in c u r r e d b y th e C it y .
d . W h e n a n y e m in e n t d o m a in p ro c e e d in g th a t w a s c o m m e n c e d p ur s u a n t to th is A g r e e m e n t is c o n c lu d e d , C ity w ill re m it to D e v e lo p e r th e b a la n c e o f th e S e p a ra te F u n d w ith in s ix ty (6 0 ) d a y s a ft e r fu ll p a y m e n t o f j u s t c o m p e n s a tio n , c o s ts , a n d a ll a p p lic a b le lit ig a t io n e x p e n s e s h a v e b e e n m a d e in c o n n e c tio n w ith th e a c q u is itio n o f sa id O ff-s ite P r o p e rt y .

In a d d it io n , C ity w ill e x p e d it io u s ly w ith d ra w a n y fu n d s re m a in in g o n d e p o s it w ith th e S tate C o n d e m n a t io n F u n d if th e e m in e n t d o m a in p ro c e e d in g is d is m is s e d o r a b a n d o n e d . 6 . Developer Acquisition of Off-site Property. If Developer should independently acquire all or any portion of the Off-site Property by negotiated purchase after an eminent domain proceeding is filed by City, Developer will immediately notify City of the acquisition. In such case, City will move to abandon all or any unnecessary part of the eminent domain proceeding(s) relating to any portion of the Off-site Property acquired by Developer by negotiation when title to said property is vested in Developer. Ifa complete or partial abandonment or dismissal is filed, Developer will bear any and all costs, expenses, and/or damages related thereto, including, but not limited to, any condemnee's recoverable costs and/or recoverable attorneys' fees pursuant to Code of Civil Procedure Section 1268.610 et seq., and other provisions of law.

7. Miscellaneous.
e. Notices. All notices and demands will be given in writing by certified or registered mail, postage prepaid, and return receipt requested, or by overnight carrier.

Notices will be considered given upon the earlier of (a) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (b) one (1) business day following deposit with an overnight carrier service. The Parties will address such notices as provided below or as may be amended by written notice:

City: CITY OF FAIRFIELD
Attention: City Manager
1000 Webster Street
Fairfield, California 94533
Copy to: RICHARDS, WATSON & GERSHON
44 Montgomery Street #3800
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D e v e lo p e r :

C o p y to :

S a n F ra n c is c o , C a lifo rn ia 9 4 1 0 4
A tt e n tio n : D a v id L im , C ity A tt o rn e y
E -m a il: d lim @ rw g la w .c o m

RE P U B LI C F A IR F IE L D L L C
c /o R e p u b lic U rb a n P ro p e rt ie s L L C
l 0 9 8 L in c o ln A v e n u e , S u ite 2 0 0
S a n Jo s e , C a lifo rn ia 9 5 1 2 5
A tte n tio n : M ic h a e l R . V a n E v e ry
E m a il: m v a n e v e ry @ re p u b lic -u rb a n .c o m

G L A Z E R I HONIGMAN I ELLICK
5301 Wisconsin Avenue, NW, Suite 740
Washington, DC 20015
Attention: Jocelyn B. Redman
E-mail: [email protected]
f. Further Cooperation. Each party to this Agreement agrees to cooperate by performing any further acts and by executing and delivering any and all additional monies, items, or documents which may be reasonably necessary to carry out the terms and provisions of this Agreement, and each party to this Agreement agrees that it will not act in any manner whatsoever which would hinder, impede, interfere, or prohibit, or make more onerous or difficult the performance of the other patty hereto under this Agreement. g. Amendments. Any amendments to this Agreement will be effective only by a writing executed by the Parties to this Agreement. h. Governing Law. This Agreement is deemed to have been prepared by each of the Parties hereto, and any uncertainty or ambiguity herein will not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, will be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Agreement will be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties will be governed by, and construed and enforced in accordance with, the laws of the State of California.
i. Entire Agreement. This Agreement contains the entire agreement between the City and Developer regarding the subject matter of this Agreement. j. Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors, successors-in-interest, and assigns of the Patties hereto.
k. Counterparts, Facsimile and Electronic Signatures. This Agreement may be executed in whole or in counterparts, which together will constitute the entire Agreement.

Facsimile or electronic signatures/counterparts to this Agreement will be effective as if the original signed counterpart were delivered.
11245-0144\J l 16997vl0.doc -17-

Page 462 of 1141 ends

1. Legal Representation. Each of the Parties acknowledge that in connection with the negotiation and execution of this Agreement, they have each been represented by independent counsel of their own choosing and the Parties executed this Agreement after review by such independent counsel. The Parties further acknowledge that, prior to executing this Agreement, each of the Parties has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters that are the subject of said Agreement.
m. Attorneys' Fees. If either of the Parties hereto incurs attorneys' fees in order to enforce, defend, or interpret any of the terms, provisions, or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration, or settlement will be entitled to recover reasonable attorneys' fees from the other party.
n. Severability. If any part, term, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term, or provision held to be invalid.
o. No Agency or Joint Venture. The terms and provisions of this Agreement will not cause the Parties hereto or any of each Parties' agents, consultants, contractors, or other providers of professional services to be construed in any manner whatsoever as partners, joint venturers, or agents of each other in the performance of their respective duties and obligations under this Agreement, or subject either party to this Agreement to any obligation, loss, charge, or expense of the other party to this Agreement.
p. Time of Essence. Time is expressly made of the essence of each and every provision of this Agreement.
q. Remedies. No remedy or election hereunder will be deemed to be exclusive but will, wherever possible, be cumulative with all other remedies at or in equity. r. Venue. Venue for any action arising directly or indirectly under this Agreement will be in the Superior Court of Sonoma County, California. [SIGNATURES ON NEXT PAGE]
11245-0144\J I 16997vl O.doc -18-

Page 463 of 1141 ends

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

Developer

REPUBLIC FAIRFIELD LLC,
a Delaware limited liability company
Date: i20~ 2S:

Manager

DEVELOPER'S SIGNATURES MUST BE

NOTARIZED
City
CITY OF FAIRFIELD, a municipal
corporation
Date:. _
By: _
Catherine Moy, Mayor
Attest:

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

David Lim, City Attorney
11245-0144\J I 16997vl O.doc -19-
/

Page 464 of 1141 ends

A N otary Public or other offi cer com pleting this certifi cate verifi es only the identity of the indiv idual w ho signed the docum ent to w hich this certifi cate is attached, and not the tru thfu lness, accura cy, or validity of that docum ent.

State of C alifo rn ia
C ounty of .S~ CLA{2-A-
)
)
On A-\J\b-v\-<;;,., LC;, 2-.0 -2..:s; before me, G--\~~eLLE ~{J-f-'. cA.5: N cm~ Pv1 'Q. L--\ c (insert name and title of the officer)
Notary Public, personally appeared Michael R. Van Every, Manager of Republic Fairfield LLC,a Delaware limited liability company, who proved to me on the basis of satisfactory evidence to be the person(~ whose name($5 is/l;lfe subscribed to jhe within instrument and acknowledged to me that he/s~tlyt'y executed the same in his/l;tfr/the'ir authorized capacity(~, and that by - hislh/rlti,{tr signature()!1' on the instrument the perso~, or the entity upon behalf of which the person0 acted, executed the instrument.

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

WITNESS my hand and official seal.
(Seal)
,, GISSELLE°TERRAZAS • [
COMM. #2474962 z
Notary Public • California ~
Santa Clara County ...

M Comm. Ex ires Dec. 4, 2027
11245-0144\31 I 6997vl0.doc -20-

Page 465 of 1141 ends

E X H IB IT A
LEGAL DESCRIPTION OF APPROXIMATE 14,546 SQUARE FOOT

PERMANENT SERVICE AND PUBLIC UTILITY EASEMENT
(APN 0166-110-390- Peabody LLC)

Page 466 of 1141 ends

June 20, 2025

EXHIBIT A
Real property situate in the City of Fairfield, County of Solano, State of California and being a portion of Parcel 2 as shown on the Parcel Map recorded in book 43 of Parcel Maps at page 20, Official Records of Solano County and being more particularly described as follows:

Beginning at the southwest corner of said parcel, said corner being the beginning of a curve to the left from which the center bears North 32° 43' 57" West; Thence along the northwest line of said parcel, 28.07 feet along the arc of said curve to the left, having a radius of 11,509.20 feet and through a central angle of 00° 08' 23"; Thence crossing through said parcel for the following seven (7) courses:
1) South 89° 47' 55" East, 796.93 feet;
2) North 00° 24' 29" East, 1. 78 feet;
3) South 89° 47' 55" East, 10.16 feet;
4) South 00° 00' 00" East, 1. 78 feet;
5) South 89° 47' 55" East, 38.76 feet;
6) North 00° 24' 29" East, 1.61 feet;
7) South 89° 35' 31" East, 9.92 feet to the east line of said parcel; Thence along said line South 00° 12' 05" West, 19.69 feet to the southeast corner of said parcel;
Thence along the south line of said parcel, North 89° 36' 53" West 879.35 feet the Point of Beginning.

Page 1 of 2 ends

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Page 467 of 1141 ends

June 20, 2025

EXHIBIT A
Containing a land area of 14,546 square feet, more or less.

See Exhibit 8 - Plat to Accompany Legal Description which is attached hereto and made a part hereof.

END OF DESCRIPTION
The description and its accompanying plat were prepared under the direction of:

Scott A Shortlidge Date

Page 2 of 2 ends

G:\Job2021\211 039\Survey\Descriptions\EW ING EMINENT DOMAIN\EXHIBIT A- PSE & PUE-1.docx

Page 468 of 1141 ends

E X H I B I T B
DEPICTION OF APPROXIMATE 14,546 SQUARE FOOT

PERMANENT SERVICE AND PUBLIC UTILITY EASEMENT
(APN 0166-110-390 - Peabody LLC)

Page 469 of 1141 ends

! -N-
~
0 200
t---~..J
400
I
1 inch = 200 ft.

PEA BO D Y LLC
PA RC.E L 2
43 PM 20
...... co
Q z:
0 i e:::
>- z ::>
Q u
hl z:
:5
z:
~ a
Q z:
-J SEE SHEET 2

FOR DETAIL OF

DESCRIBED AREA
RE B U B LJ C f'A JR FI .E LD LLC
LO T 56
R.E MA JN D .E R
3M 39
SCOTT A. SHORTLIDGE, P.L.S. 6441
.EW IN G T RU ST
PA RC .E L 1
43 PM 20
LEGEND

DESCRIBED AREA

EXISTING PARCEL LINE

EXISTING EASEMENT LINE - - - -
SQ. FT. SQUARE FEET
PAGE 1 OF 2

EXHIBIT A

P LA T TO A C CO M PAN Y LE G A L DE SC R IPTIO N
F O R

PSE & PUE

CITY OF FAIRFIELD, SOLANO COUNTY, CALIFORNIA
nJ • J..'-.11 ~

RUGGERI-JENSEN-AZAR
ENGINEERS• PLANNERS■ SURVEYORS
4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588
PHONE: (925) 227-9100 FAX: (925) 227-9.300
. SCALE:
1· =200'
DATE:
06/20/2025
JOB NO.:
211039
G: JOB2021 2110J9 SIJR CAD RIES PLATS EMINENT DOMAIN 2110J!I EM-00/J PlA T 4-1.0WG 6 '20 '2025 1:4!1:00 Plrl ROBERT Al.1£N Page 470 of 1141

! -N-
~
LEGEND

DESCRIBED AREA
{T} TOTAL

EXISTING PARCEL LINE

EXISTING EASEMENT LINE - - - -
SQ. FT. SQUARE FEET
P.0.8. POINT OF BEGINNING

PSE PUBLIC SERVICE EASEMENT

PUE PUBLIC UTILITY EASEMENT
0 120 240
t...-....-.J I
1 inch = 120 ft.

PEABODY LLC
PARCEL 2
43 PM 20
DESCRIBED AREA = 14,546 SQ.FT.

N32°52'20nWffi) .,,,,,,------ -
-- _ _ _ N89°47'55"W 796.93'
\
P.0.8.- - -
N32°43'56.W(R) L ______
REBUBUC f'AJRf'JELD LLC
LOT 56

REMAJNDER
3 M 39

UNE TABLE

LINE BEARING LENGTH
L1 N0"24'29"E 1.78'
l2 NB9°J4'srw 10.16'
LJ soororw 1.78'
l4 NB9°47'ss·w JB.76'
LS N0"24'29"E 1.61'
l6 N89"JS'J1"W 9.92'
L7 N0°12'05"E 19.69'
--- - - --- /4 L2 ") L4 IC) L6 "-
-..J D ETAIL -..J ~ )
....._ NOT TO SCALE __ --
~ ......
§~ eo
8:~~ .. b1~ 0 g~,.., z
ci 0 ~~e5
~ ~occ LiJ a:: ~
- - N89°36'59UW 879.JS'{T) --t-
~ FEE PARCELS
cs TO BE CONVEYED
~ BY SEPERA TE INSTRUMENT
,1"-1 - EX 66' ROAD EASEMENT .!N EWJNG TRUST ,..,
J M 39 a-
~ PARCEL 1 CITY OWNED PEABODY ROAD
43 M 20 43 PM 20
EX 20' GAS PIPE LINE EASEMENT --+l
688 OR 150
: I CURVE TABLE

CURVE RADIUS DELTA LENGTH
Cf 11509.20' 0°08'23" 28.09'
PAGE 2 OF 2

EXHIBIT B

PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR

PSE & PUE

CITY OF FAIRFIELD, SOLANO COUNTY, CALIFORNIA
nJ • i.".,1.1.

R U G G E R I-JE N S E N -A ZA R
ENGINEERS■ PLANNERS■ SURVEYORS
4690 CHABOT DRIVE. SUITE 200 PLEASANTO N, CA 94588
PHONE: (92 5) 227-9100 FAX: (925) 227-9300
DATE:
06/20/2025
JOB NO.:
211039

Page 471 of 1141 ends

EX H IBIT A-1
LEGAL DESCRIPTION OF APPROXIMATE 33,270 SQUARE FOOT

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

Page 472 of 1141 ends

J u n e 2 0 , 2 0 2 5

EXHIBIT A
Real property situate in the City of Fairfield, County of Solano, State of California and being a portion of Parcel 1 as shown on the Parcel Map recorded in book 43 of Parcel Maps at page 20, Official Records of Solano County and being more particularly described as follows:

Beginning at the northwest corner of said parcel, thence along said north line South 89° 36' 53" East, 564. 78 feet;
Thence crossing through said parcel for the following two (2) courses:
1) South 00° 12' 05" West, 58.00 feet;
2) North 89° 47' 55" West, 564.80 feet to the west line of said parcel; Thence along said west line, North 00° 13' 21" East, 59.81 feet to the Point of Beginning.

Containing a land area of 33,270 square feet, more or less.

See Exhibit B - Plat to Accompany Legal Description which is attached hereto and made a part hereof.

END OF DESCRIPTION
The description and its accompanying plat were prepared under the direction of:

Scott A. Shortlidge Date

Page 1 of 1 ends

G:\Jo b2021\211 039\Survey\Descriptions\EW ING EM INENT DOM A IN\EXHIBIT A- FEE-1.docx

Page 473 of 1141 ends

E X H IB IT B -1
DEPICTION OF APPROXIMATE 33,270 SQUARE FOOT PERMANENT EASEMENT (APN 0166-110-410 - James A. Ewing, Trustee)

Page 474 of 1141 ends

! -N-
I
0 200 400
t...----..J I
1 inch = 200 ft.

PEABODY LLC
PARCEL 2
43 PM 20
- co
SEE SHEET 2

FOR DETAIL OF

DESCRIBED AREA
z
~ a a z
REBUBLJC fAIRflELD LLC
LOT 56

REMAINDER
3 M 39
0 ..,_ .._,.., i
~
>-- 0 a ro
i5
a,
SCOTT A. SHORTLIDGE, P.L.S. 6441

EWING TRUST
PARCEL 1
43 PM 20
LEGEND

DESCRIBED AREA

EXISTING PARCEL LINE

EXISTING EASEMENT LINE - - - -
SQ. FT. SQUARE FEET
PAGE 1 OF 2

EXHIBIT A

PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR

EASEMENT PARCEL

CITY OF FAIRFIELD , SOLANO COUNTY, CALIFORNIA
ENGINEERS■ PLANNERS■ SURVEYORS
4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588
PHONE: (925) 227-9100 FAX: (925) 227-9.300
SCALE: DATE: JOB NO.:
07/15/2025 211039

Page 475 of 1141 ends

! -N-
~
LEGEND

DESCRIBED AREA

FOUND MONUMENT

AS NOTED

EXISTING PARCEL LINE

EXISTING EASEMENT LINE - - - -
SQ. FT. SQUARE FEET
P.0.8. POINT OF BEGINNING

PSE PUBLIC SERVICE EASEMENT
•
0 100
t-----..J
200
I

PUE PUBLIC UTILITY EASEMENT
1 inch = 100 ft. PEA BODY LLC
..... .....
____ ._ _ _ _ _ _ N89°J6'5J"W 564.78' ♦
~ DESCRIBED AREA = JJ,270 sofr.- - - -~
N89°47'55"W 564.80'

EWJNG TRUST
PARCEL 1
43 PM 20
_ . _,,.,,.- FOUND REBAR
, ~ __....- PER 43 PM 20
UN£ TABLE
UN£ BEARING LENGTH
LT 59.81'
I ~
~ I I ~
FEE PARCELS '1 I I ~ TO BE CONVEYED ,,_
BY SEPERA TE INSTRUMENT ~iT..,...--f---1--L~ I I
u
I ~
I ~
~~ I I
l~~
I
I
I
I
CITY OWNED PEABODY ROAD -w
4JPM20 I 1
I I
£X 20' GAS PIP£ LIN£ EASEMENT --+-i
688 OR 150 I I
i, I
EX 20' GAS PIP£ UN£ EASEMENT ---+-+-lf-----1-l
6840R98 l I
EX 66' ROAD EASEMENT :I I
J M 39
: I
I
PAGE 2 OF 2

EXHIBIT B

PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR

EASEMENT PARCEL
CITY OF FAIRFIELD , SOLANO COUNTY, C.ALIFORNIA
nT• .l.'-:'-L ~

RUGGERI-JENSEN-AZAR
ENGINEERS■ PLANNERS■ SURVEYORS
4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588
. PHONE: (925) 227-9100 FAX: (925) 227-9.300
SCALE:
1· =100' I DATE:
07/15/2025 I JOB NO.:
211039
. \JUDLVLf\2TTOJ9\.:>Utrvt:Y\c.:AU ,,u.;.,;,\rL.1"11..:,\i;;"'"'L" .,......., ,,, iTn EM-vv,,, rLAI 1-.c.ur,Lf '/'""/A 1,c.;,., 9::J.J:.JJ-AM H/UAH nr,1r, Page 476 of 1141

E X H IB IT A -2
L E G AL D E SC RI P T IO N O F A P P R O X IM A T E 18,941 SQ U ARE FO O T ARE A IN F E E (AP N 0166-11 0-410 )
(Jam es A . E w ing, T rustee - Peabody R oad)

Page 477 of 1141 ends

June 20, 2025

Commencing at the northwest corner of said parcel, thence along said north line South 89° 36' 53" East, 564. 78 feet for the Point of Beginning hereof; Thence continuing along said north line South 89° 36' 53" East, 37.77 feet; Thence crossing through said parcel for the following five (5) courses:
1) South 00° 12' 05" West, 660.50 feet;
2) North 89° 35' 46" West, 27. 77 feet;
3) North 00° 12' 05" East, 592.52 feet for the beginning of a curve to the left; 4) In a northerly direction, 15.71 feet along the arc of said curve to the left, having a radius of 10.00 feet and through a central angle of 90° 00' 03"; 5) North 00° 12' 05" East, 58.00 feet to the Point of Beginning.

Containing a land area of 18,941 square feet, more or less.

See Exhibit B - Plat to Accompany Legal Description which is attached hereto and made a part hereof.

Page 1 of 2 ends

G:\Job2021 \211039\Survey\Descriptions\EWING EMINENT DOMAIN\EXHIBIT A - FEE-2.docx

Page 478 of 1141 ends

June 20, 2025

EXHIBIT A

END OF DESCRIPTION
The description and its accompanying plat were prepared under the direction of:

Scott A. Shortlidge Date

Page 2 of 2 ends

G:\Job2021\211 039\Survey\Descriptions\EW ING EM INENT DOM AIN\EXHIBIT A- FEE-2.docx

Page 479 of 1141 ends

E X H I B I T B -2
DEPICTION OF APPROXIMATE 18,941 SQUARE FOOT
AREA IN FEE (APN 0166-110-410)
(Jam es A . Ew ing, Trustee - Peabody Road)

Page 480 of 1141 ends

--- co
0 200 400
1-t..~-~-~-~..J~~~~I
1 inch = 200
-------------
SEE SHEET 2 ~
FOR DETAIL OF >-,
DESCRIBED AREA I a
hl a
z: I Ill
:s REPUBLJC f'AJRFJELD LLC EWJNG TRUST j
o,
z: LOT 56 REMAJNDER PARCEL 1 I I
~ 3M 39 43 PM 20 I I a a z: I I
I I
SCOTT A. SHORTLIDGE, P.L.S. 6441
LEGEND

DESCRIBED AREA

EXISTING PARCEL LINE

EXISTING EASEMENT LINE - - - -
SQ. FT. SQUARE FEET
PAGE 1 OF 2

EXHIBIT A

PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR

FEE PARCEL

CITY OF FAIRFIELD, SOLANO COUNTY, CALIFORNIA
nJ• .J..'1..,1 I.

RUGGERI-JENSEN-AZAR
ENGINEERS■ PLANNERS■ SURVEYORS
4690 CHABOT DRIVE, SUITE 200 PLEASANTO N, CA 94588
PHONE: (925) 227-9100 FAX: (925) 227-9.300
SCALE:
1" =200'
DATE:
06/20/2025
JOB NO.:
211039
G: JOB2021 2IIOJ9 SUFI CAO ALES PLATS tNINENT DOMAIN 2110J9 EM-OOM PtA T J-1.0'frG 6 '20 '2025 J: 16:52 Pl,/ FIOBER T ALLEN Page 481 of 1141

/ ~.._
~ CS 0> PEABODY LLC 62 :s: I i ~ o I ....---------------. ~ I i o~I ,' Lt No.,2•05•£ 58.00' CURVE TABLE
i--~---~,...._---1 ~ ~ ~1 I
L2 NB9~'5J·w Jl. 77, CURVE RADIUS DEL TA LENGTH ~ I I,{) 0 ~ ~~: ~ Ii ti l
r 011
I I~ I
I : a..J :

EX 20' GAS PIPE LINE EASEMENT-~--'
1 ------- I
688 OR 150 I I I I
DESCRIBED AREA= 18,941 SQ.FT.--~ I
I I I :

EX 20' GAS PIPE LINE EASEMENT----------1H'-i r,--
684 OR 98 I I I I
I : I l
EX 66
1 :a:~: ASEMENT"---1---,-1-4-; 4-1-I+-,; ----,•
1: 'H' I LJ I I
I I I

LINE TABLE
UN£ BEARING LENGTH
! ~·
-N-
~ L-..-.Jo
1 inch = 100 ft.

LJ N89~'46•w 27. 77' C1 10.00· 901)0'00" 15.71'

FOUND REBAR
PER 43 PM 20
200
I
LEGEND

DESCRIBED AREA

FOUND MOMUMENT

AS NOTED

EXISTING PARCEL LINE

EXISTING EASEMENT LINE - - - -
SQ. FT. SQUARE FEET
P.0.8. POINT OF BEGINNING

PSE PUBLIC SERVICE EASEMENT
•

PUE PUBLIC UTILITY EASEMENT
I
PAGE 2 OF 2

EXHIBIT B

PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR

FEE PARCEL

CITY OF FAIRFIELD, SOLANO COUNTY, CALIFORNIA
RJ/1.

RUGGERI-JENSEN-AZAR
ENGINEERS■ PLANNERS■ SURVEYORS
4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588
PHONE: (925) 227-9100 FAX: (925) 227-9.300
SCALE:
1· =100'
DATE:
06/20/2025 I JOB NO.:
211039
, \olUtJZUZI I" crcr,.,~,., ~· I''• •\CMIIVCl'fl I" tN-LNM PLAI J-z.u,n; 6/20/ uc» 4:.JU::JJ,..,. noucn M.LtN Page 482 of 1141

E X H IB IT A -3
L E G AL D E SC RI P T IO N O F A P P R O X IM A T E 29,898 SQ U AR E FO O T ARE A IN FE E (AP N 0166-11 0-410 )
(Jam es A . Ew ing, T rustee - P eabody R oad)

Page 483 of 1141 ends

June 20, 2025

Commencing at the northwest corner of said parcel, thence along said north line South 89° 36' 53" East, 614.55 feet for the Point of Beginning hereof; Thence continuing along said north line South 89° 36' 53" East, 45.40 feet to to the centerline of Old County Road No. 118;
Thence along said centerline, South 00° 12' 05" West, 660.52 feet to the point of intersection of the projection of the south line of siad Parcel 1; Thence along said south line North 89° 35' 46" West 45.40 feet to the east line of Parcel E as shown on said Parcel Map (43 PM 20);
Thence along said east line, North 00° 12' 05" East 660.50 feet to the Point of Beginning.

Containing a land area of 29,989 square feet, more or less.

See Exhibit B - Plat to Accompany Legal Description which is attached hereto and made a part hereof.

Page 1 of 2 ends

G:\Job2021\211 039\Survey\Descriptions\EW ING EM INENT DOM AIN\EXHIBIT A - FEE-3.docx

Page 484 of 1141 ends

June 20, 2025

EXHIBIT A

END OF DESCRIPTION
The description and its accompanying plat were prepared under the direction of:

Scott A Shortlidge Date

Page 2 of 2 ends

G:\Job2021\211 039\Survey\Descriptions\EWING EMINENT DOMAIN\EXHIBIT A - FEE-3.docx

Page 485 of 1141 ends

E XH IB IT B-3
DEPICTION OF APPROXIMATE 29,898 SQUARE FOOT
AREA IN FEE (APN 0166-110-410)
(Jam es A . Ew ing, Tru stee - Peabody Road)

Page 486 of 1141 ends

! -N-
t
0 200 400
~-~..J I
1 inch = 200 ft.
w z:
j
z:
~
Q
Q z:

REPUBLJC FAJRFJELD LLC
LOT 5 6 REAMJNDER
3M 39
- co ......

PEABODY LLC
0 z:

PARCEL 2 a 43 PM 20 i
SCOTT A. SHORTLIDGE, P.L.S. 6441
SEE SHEET 2

FOR DETAI L OF

DESCRIB ED AR EA

EWJNG TRUST
PARCEL 1
43 PM 20
LEGEND

DESCRIBED AREA

EXISTING PARCEL LINE

EXISTING EASEMENT LINE - - - -
SQ. FT. SQUARE FEET
PAGE 1 OF 2

EXHIBIT A

PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR

FEE PARCEL

CITY OF FAIRFIELD, SOLANO COUNTY, CAIJFORNIA
nJ• .l.'-.,1 I..

RUGGERI-JENSEN-AZAR
ENGINEERS■ PLANNERS■ SURVEYORS
4690 CHABOT DRIVE, SUITE 200 PLEASANTO N, CA 94588
PHONE: (92 5) 227-9100 FAX: (925) 227-9.300
SCALE:
1" =200'
DATE:
06/20/2025
JOB NO.:
211039
G: JOIJ2021 2110J9 SVR CAD Rl£S PLATS EMINENT O()l,{A/N 2110J9 EM-O()I,{ PLAT 2-1.0WG 6 '20 '2025 4107:12 PM ROBERT AIJ.EN Page 487 of 1141

/ ~ ......
§a5Q) 92 ~ I -I
TO BE CONVEYED- 1--
BY SEPERA TE INSTRUMENT 71" ~ I
I u
CITY OWNED PEABODY ROAD_ I -,
43 PM 20 ·1---4-rr o
: I ~I
EX 20' GAS PIPE LINE EASEMENT-~ ~ ~
688 OR 150 I I a I
I o
EX 20' GAS PIPE LINE EASEMENT I I ~ ~ ,_
684 OR 98 I I o.., I
EX 66' ROAD EASEMENT i I I --
3M 39
: I I DESCRIBED AREA = 29,989 SQ.FT.
~ I I ,~
C)
I ~
I
-1.,J
~
~
I ~
I
I
- -•-+-1-1

LINE TABLE

LINE BEARING LENGTH
0 100
t....--....-...J
200
I
1 inch = 100 ft.

L2
I I
PAGE 2 OF 2

EXHIBIT B

PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR

FEE PARCEL

CITY OF FAIRFIELD, SOLANO COUNTY, CALIFORNIA
nJ• ..I.'-., l I.

RUGGERI-JENSEN-AZAR
ENGINEERS■ PLANNERS■ SURVEYORS
4690 CHABOT DRIVE, SUITE 200 PLEASANTO N, CA 94588
PHONE: (925) 227-9100 FAX: (925) 227-9300
SCALE:
1" =100' I DA1£:
06/20/2025 I JOB NO.:
211039

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Agenda Item No: K.17

AGENDA REPORT
DATE: September 16, 2025

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Ordinance 2025-08 CD to Redesignate Project Area in the Villages of Fairfield

Amending Chapter 25, Article I, Section 25.12.3 of the Fairfield City Code (Also Known as the City of Fairfield Zoning Map) to Rezone the Lago Vista Site, a Vacant 37.3 -Acre North of Air Base Parkway, East of Stanton Correction Facility, West of Mccoy Basi n (Assessor’s Parcel Numbers 0170-050-540 and 0170-050-550 or Portions Thereof) from Residential Medium, Industrial & Business Park and Open Space Conservation to Residential Low-Medium and Residential High

Funding Source: N/A

Contact: Meily M Sheehan, (707) 428-7474

Consultant Contact: Damian Arnaiz, (714) 406-0562

RECOMMENDED ACTION
Provide second reading and adopt Ordinance 2025-08.

STATEMENT OF ISSUE
Rob White of Rancho Tolenas Corporation requests a Zone Change from Residential Medium (RM), Industrial & Business Park (IBP) and Open Space Conservation (OSC) to Residential Low - Medium (RLM) and Residential High (RH) to support the development of 375 residential units (151 single-family units, 224 multi-family units) east of High Line Drive and Golden Way (APNS:
0170-050-540 and 0170-050-550 or portions thereof).

DISCUSSION
On August 13, 2025, the Planning Commission adopted Resolution PC2025 -5 approving Development Review (DR2025-001), Development Review (DR2025-002), and Tentative Subdivision Map (TS2025-001) for the subdivision of two legal lots to three numbered Lots and eight lettered lots to allow the development of 151 single -family residential units and 224 multifamily residential units and supporting parklets, open space, and trail. Additionally, the Planning Commission approved Rancho Tolenas Corporation's update to the Villages at Fairfield

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Master Plan’s Design Guidelines. The project site is currently undeveloped. The Planning Commission recommended City Council approval of the proposed General Plan Amendment and Zone Change and Environmental Impact Report (EIR) Add endums.

On September 2, 2025, the City Council passed Resolution No. 2025-174 approving the addendum to the Villages at Fairfield and Hawthorne Mill EIRs and approving the General Plan Amendment to redesignate the Project site from RM to RH.

The proposed Zone Change will adjust the land use designations and zoning classifications to accommodate the Project’s residential densities, specifically zoning for RH for the multifamily community and maintaining RLM for the single-family neighborhoods. The Zone Change will remove the current IBP and OSC designations and replace them with RLM and RH designations.

A detailed description of the project can be found in the Planning Commission Staff Report included as Attachment 8. The project is consistent with the following General Plan objectives:

 General Plan Policy LU-2: Promote a variety of housing types to serve the diverse needs of the community and stimulate investment.
 General Plan Policy LU-16: Ensure that new development is designed to optimize Fairfield’s Linear Park, making the park a central feature that enhances quality of life, connectivity, and recreational opportunities for residents.  General Plan Policy TP-1: Ensure that future land uses are compatible with the continued operation and military readiness of Travis Air Force Base, as well as the health and safety of Fairfield residents in its vicinity.
 Objective OSCR-3.2: Open Space Management. Manage natural open space lands and embrace public access, where feasible, in a manner consistent with wil dlife protection, habitat preservation, and fire prevention.
 General Plan Objective OSCR-3.5: Protection of Biological Resources with New Development.

Environmental Review: An Addendum to previously certified EIRs has been prepared for the Project, as allowed under the California Environmental Quality Act. Since all potential environmental impacts were already studied in earlier EIRs for the Villages at Fairfield and Hawthorne Mill projects, and no new significant impacts have been identified, a new EIR is not required. The Addendum is attached as Exhibit A of Resolution 2025-174.

FINANCIAL IMPACT
N/A

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The Planning Division published a public hearing notice in the Daily Republic newspaper on August 10, 2025, and mailed it to all property owners within 500 feet of the project for the City Council meeting on September 2, 2025. The council held a public hearing for the item on September 2, 2025, and moved to approve Resolution 2025-174 and introduce Ordinance 2025-

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08 for a first reading. As of the writing of this staff report, the staff has not received any subsequent correspondence on the project.

ALTERNATIVE ACTION
Council may choose not to adopt the proposed ordinance. In this case, the Zone Change would not occur, and the Lago Vista residential project would not be able to proceed .

COORDINATED WITH
Fire Department, Public Works Department, Solano County Airport Land Use Commission, Fairfield-Suisun Sewer District, Solano Irrigation District, Solano County Water Agency, Solano County, and Pacific Gas & Electric Company.

STAFF CONTACT
Meily Sheehan, Planning Division Manager
(707) 428-7474
[email protected]

ATTACHMENTS
Attachment 2: Proposed Ordinance
Attachment 3: Exhibit A – Zone Change
Attachment 4: Resolution 2025-174
Attachment 5: Exhibit A – CEQA Addendum for the Villages at Fairfield Project Attachment 6: Exhibit B – General Plan Amendment
Attachment 7: Planning Commission Resolution 2025-05
Attachment 8: Planning Commission Agenda Report, dated August 13

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CITY OF FAIRFIELD

ORDINANCE NO. 2025-08

AMENDING CHAPTER 25, ARTICLE I, SECTION 25.12.3 OF THE FAIRFIELD CITY CODE (ALSO KNOWN AS THE CITY OF FAIRFIELD ZONING MAP) TO REZONE THE LAGO VISTA SITE, A VACANT 37.3-ACRE NORTH OF AIR BASE PARKWAY, EAST OF STANTON CORRECTION FACILITY, WEST OF MCCOY BASIN (ASSESSOR’S PARCEL NUMBERS 0170- 050-540 AND 0170-050-550 OR PORTIONS THEREOF) FROM RESIDENTIAL MEDIUM,

INDUSTRIAL & BUSINESS PARK AND OPEN SPACE CONSERVATION TO RESIDENTIAL

LOW-MEDIUM AND RESIDENTIAL HIGH

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

SECTION 1. Chapter 25 is hereby modified to the Fairfield City Code, also known as the City of Fairfield Zoning Map, is hereby amended as shown on Sectional Zoning Map (ZC2025-001) attached hereto as Exhibit A.

Pursuant to Section 25.47.5 Findings of the Fairfield Zoning Ordinance, the City Council finds as follows:

A. The proposed Zoning Map Amendment is consistent with the goals, policies and actions of the General Plan. The proposed General Plan amendment would redesignate a portion of the Project site from Residential-Low Medium density to Residential-High density to accommodate the Project's target densities. The proposed Zone Change will remove the current Industrial Business Park (IBP) and Open Space-Conservation (OSC) designations and replace them with Residential Low Medium (RLM) and Residential High (RH) designations. The proposed residential designations will allow for both a single- family and a multifamily development that complements uses in the vicinity. As proposed and conditioned, the project aligns with the City's General Plan objectives, promoting orderly growth, a variety of housing types, pedestrian-oriented connections, and infrastructure improvements that blend into the area’s natural setting while adhering to fire protection standards and including traffic calming and safe routes to schools initiatives. Furthermore, the Project is consistent with the following General Plan Objectives and Policies: Policy LU-2: Promote a variety of housing types to serve the diverse needs of the community and stimulate investment. Objective LU-2.2: Variety of Housing Types. Promote the development of a greater variety of housing types and sizes in existing neighborhoods and new focus areas, including single-unit homes on small lots, accessory dwelling units, alley-facing units, town-homes, lofts, live-work spaces, duplexes, triplexes, fourplexes, bungalow courts, senior housing, and student housing to meet the needs of future demographics and changing household sizes. Objective LU-6.5:

Environmental Constraints in Site Design. Ensure that development is reflective of the area’s environmental constraints—including localized presence of geologic faults, slopes

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ORD. NO. 2025-08

Page 2 ends

and unstable soils, fire risks, flood hazards—as well as natural resources. Consider incorporating geologic faults and Alquist Priolo Zones as part of the open space or trails system. Objective LU-7.6: Pedestrian-Oriented Connections. Provide a network of safe, well-maintained, interconnected streets, paseos, pathways, and bicycle routes onsite that facilitates travel through the site for pedestrians, cyclists, and other non-motorized modes of transportation. Link these connections to amenities such as commercial corridors, parks, schools, and public transportation hubs. Policy LU-16: Ensure that new development is designed to optimize Fairfield’s Linear Park, making the park a central feature that enhances quality of life, connectivity, and recreational opportunities for residents. Objective LU-20.6: Fire Protection. Require all development to comply with standards established by the City’s Fire Marshal to ensure fire protection, emergency vehicle accessibility, defensible space, fire-resistant construction, water supply, premises identification, and similar protective purposes. Site plans are required to identify evacuation routes acceptable to the City’s Fire Chief and Traffic Engineer. Policy TP-1:

Ensure that future land uses are compatible with the continued operation and military readiness of TAFB, as well as the health and safety of Fairfield residents in its vicinity.

Policy CIR-3: Manage the City’s transportation system to minimize congestion, improve the flow of traffic, improve air quality, and reduce vehicle miles traveled. Objective CIR -

7.15: Traffic Calming. Require new development implement traffic calming for new development to improve livability. The traffic calming shall consider only passive or horizontal types like roundabouts, bulbouts, and other similar tools used for best practices.

Prohibit vertical traffic calming to support adequate emergency response times for health and safety. Objective PFS-7.7: New Development. Require all new development located within City limits connect to the public water system, construct all potable water lines serving such development, and provide adequate funding for the development’s use of all potable water infrastructure and facilities. Objective PFS-8.4: New Development. Require that all new developments located within City limits connect to the public wastewater collection system, construct all sanitary sewer lines serving such development (including oversizing of sewers if requested by the Fairfield-Suisun Sewer District or the City, and provide adequate funding for the development’s use of all wastewater infrastructure and facilities. The costs of oversizing shall be borne by the beneficiary of the oversizing.

Objective PFS-10.2: Collection and Recycling Services. Ensure the continued provision of adequate solid waste collection and recycling services in Fairfield. Implement programs within the Source Reduction and Recycling Element (not a General Plan element) which promote source reduction, recycling, and composting as ways of reducing waste and increasing landfill capacity. Objective OSCR-3.2: Open Space Management. Manage natural open space lands and embrace public access, where feasible, in a manner consistent with wildlife protection, habitat preservation, and fire prevention. Objective OSCR-3.5: Protection of Biological Resources with New Development. Objective OSCR-

6.12: Other Needed Parks. Prioritize the development of other community and neighborhood park facilities to ensure that adequate open space is available to serve the needs of new residents with each phase of residential construction. Explore potential locations for a new community park in Fairfield as part of the next update of the Parks, Recreation, and Open Space Master Plan update. Objective HS-4.2: Flood Plain

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ORD. NO. 2025-08

Page 3 ends

Regulations. Require development within flood plain areas as shown in Figure 8-5 to comply with Federal Emergency Management Agency (FEMA) regulations by providing adequate flood mitigation and financial protection in the event of flooding. Continue to update FEMA flood control studies based upon development and ongoing improvements.

B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The proposed amendments would redesignate

37.3 of vacant land for 151 single-family and 224 multifamily residential units, expanding the existing Villages at the Fairfield master plan. The addition of more residential land will not jeopardize public interest, health, safety, convenience, or the welfare of the City in that the planned development will be subject to a collection of conditions of approval to ensure its safe and orderly development and operation. Future access to the site is provided via High Line Drive and Golden Way. Additionally, there are two proposed emergency vehicle access (EVA) points connecting to Portland Drive and Airbase Parkway on the north and south portions of the site, respectively.

C. The site is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designations and anticipated land uses/developments. The Project site is physically suitable for residential development in that it is sited adjacent to and surrounded by residential development. Furthermore, the site has been thoroughly evaluated and found to have a topography conducive to residential development. The relatively level terrain requires minimal grading, thereby reducing the impact on the natural landscape, making it ideal for both single-family and multi-family residential units.

The site is well-served by existing infrastructure and utilities, including water, sewer, electricity, and road networks, which can support the increased demand generated by the new development, ensuring that residents will have access to essential services.

D. The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA). An Addendum to the previously certified Villages at Fairfield Environmental Impact Report (EIR) and Hawthorne Mill EIR has been prepared for the Project, as permitted under CEQA. The Addendum determined that all potential environmental impacts associated with the Project were previously analyzed in the certified EIRs. No new significant impacts have been identified; therefore, no further environmental review is required.

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

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ORD. NO. 2025-08

Page 4 ends

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 2nd day of September 2025, and

PASSED AND ADOPTED this 16th day of September 2025, by the following vote:

AYES: Councilmembers: MOY / BERTANI / CARR / PANDURO/TONNESEN/SANDHU/WILLIAMS

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

MAYOR

ATTEST:

_________________________

CITY CLERK

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AIR BA
S
E

P
A
R
K
W
A
Y
OSC

33.4± AC
RM

1.7± AC
IBP

77.4± AC
PF

42.2± AC
AIR BA
S
E

P
A
R
K
W
A
Y
PF

42.2± AC
RLM

21.5± AC
RH

15.8± AC
OSC

75.2± AC

FAIRFIELD, CALIFORNIA

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME

VILLAGES AT FAIRFIELD - LAGO VISTA
DATE: APRIL 11, 2025REZONE EXHIBIT

EXISTING ZONING DESIGNATIONS PROPOSED ZONING DESIGNATION

ZONING DESIGNATIONS EXISTING ACREAGE PROPOSED ACREAGE

RESIDENTIAL HIGH (RH)-
-

15.8±

21.5±
TOTAL 154.7±154.7±

RESIDENTIAL LOW-MEDIUM (RLM)

77.4±-INDUSTRIAL & BUSINESS PARK (IBP)

42.2±42.2±PUBLIC FACILITY (PF)

33.4±75.2±OPEN SPACE CONSERVATION (OSC)
RESIDENTIAL MEDIUM (RM)1.7±-

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CITY OF FAIRFIELD
RESOLUTION NO.2025-174
APPROVING AN ADDENDUM (ER-2025-004) TO THE VILLAGES AT FAIRFIELD ENVIRONMENTAL IMPACT REPORT (SCH 2O04032064) AND HAWTHRONE MILL ENVIRONMENTAL IMPACT REPORT (SCH 2O09032001) AND APPROVING A GENERAL PLAN AMENDMENT (GPA2025-001) TO REDESIGNATE A PORTION OF THE LAGO VISTA PROJECT SITE, A VACANT 37.3-ACRE SITE EAST OF GOLDEN WAY AND HIGH LINE DRIVE (ASSESSOR'S PARCEL NUMBER 0170-050-540 AND 0170-050-550 OR PORTIONS THEREOF), FROM RESIDENTIAL MEDIUM DENSITY TO

RESIDENTIAL HIGH DENSITY
WHEREAS; On January 29, 2025, applications for Zone Change (ZC2025-001), Tentative Subdivision (TS2025-001), Development Review (DR2025-002), Development Review (DR2025- 003), and Environmental Review (ER2025-004) were properly filed with the Department of Community Development for a proposed project consisting of 151 single-family residential units and 224 multi -family residential units located north of Air Base Parkway, east of the Stanton Correction Facility, and west of the McCoy Basin (Project), and an amendment to the Villages at Fairfield Design Guidelines. An additional application for a General Plan Amendment (GPA2025- 001) was filed on April 7, 2025. The applications were filed 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 August 13, 2025. City staff presented substantial factual information regarding the proposed Project in the staff reports and through oral presentations before the Commission, and the Commission considered public testimony and information presented during the public hearing regarding this application; aind WHEREAS, the City Council held a duly noticed public hearing on September 2, 2025. City staff presented substantial factual information regarding the Lago Vista project in staff reports and through oral presentations before the council; and
WHEREAS, the council has reviewed the proposed revisions to the General Plan Land Use Diagram and finds these revisions beneficial and consistent with the purpose and intent of the General Plan; and
WHEREAS, the Environmental Impact Report (EIR) Addendum has been prepared for the Project that satisfies the requirements of the California Environmental Quality Act (CEQA); and WHEREAS, the EIR Addendum prepared for the Project applies to the council's actions as well as the project actions during the public hearing of the Planning Commission on August 13, 2025.

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RES. NO. 2025-174

Page 2 ends

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

Section 1. The EIR Addendum, as contained in Exhibit A, is hereby adopted.

Section 2. The General Plan Amendment, as contained in Exhibit B, is hereby adopted.

PASSED AND ADOPTED this 2nd day of September 2025, by the following vote:

AYES: MEMBERS: MOY / BERTANI / CARR /PANDURO / TONNESEN/ SANDHU / WILLIAMS NOES: MEMBERS: Q0VN-Q'
ABSENT: MEMBERS: 1J O't\
ABSTAIN: MEMBERS: Q CDs,
MAYOR
ATTEST:
14 1 Z' I
ClfY C ERK
l

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Exhibit A
CEQA Addendum for the Villages at Fairfield Project
VAF EIR: E.R. 2003-29; 2011 Addendum; 2015 Addendum; 2018 Addendum) Hawthorne Mill EIR: E.R. 2014-23)
August 2025

1.0 BACKGROUND
The Lago Vista project (herein, "Project" or "proposed Project") would be removed from the Hawthorne Mill project and added into the Villages at Fairfield project. The evaluation of the proposed Project is therefore subject to both underlying approvals and their respective CEQA certification. See Exhibit X, Project Location and Boundary. This 2025 Addendum has been prepared pursuant to the CEQA Guidelines Section 15164 for the Project, as described below.

The Hawthorne Mill project Environmental Impact Report (EIR) was certified in November 2015 (City Council Resolution No. 2015-246). The Hawthorne Mill EIR analyzed the development of 172 residential units on Hawthorne Mill West (location of the proposed Project) with 825 units planned for Hawthorne Mill East. The approvals proposed for the Hawthorne Mill project and analyzed in the Hawthorne Mill EIR included a General Plan Amendment (GPA 2014-4) changing the land use designations for the Project site from Industrial & Business Park IBP) to Residential Low -Medium (RLM) and Open Space Conservation (OSC) for the remainder of the site. Also considered and not finalized were a corresponding Zoning Ordinance Amendment, Tentative Subdivision Maps, a Development Review and Community Design Plan, and a Development Agreement.

The Villages at Fairfield EIR was certified in 2005 (City Council Resolution No. 2005-296), and subsequently modified in 2011 and 2015, in consideration of the following actions:

On September 20, 2005, the Fairfield City Council adopted Resolution No. 2005-296 certifying an EIR for the Villages at Fairfield (the "VAF EIR"). As also recommended by the Planning Commission, the City Council approved the following actions:
o General Plan Amendment (Resolution No. 2005-297);
o Zoning Code Amendment (Ordinance 2005-15);
o Tentative Subdivision Map (Resolution 2005-33); and
o Development Agreement for the Villages of Fairfield (Ordinance No. 2005-14).

On May 3, 2011, the City adopted an Addendum to the EIR in conjunction with its approval of the Amended and Restated Development Agreement ("First Amended DA," Ordinance 2011-09).

On August 10, 2015, the City adopted an Addendum to the EIR in conjunction with its approval of the Second Amended and Restated Development Agreement ("Second Amended DA," Ordinance 2015-19). The 2011 and 2015 Addenda analyzed shifts in residential densities and minor land use revisions, all in substantial conformance with the previously approved tentative tract maps (General Plan Amendment, Resolution 2015- 245).
0 On January 15, 2019, the City adopted an Addendum to the EIR (Resolution No. 2019-

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14) in conjunction with its approval of the First Amendment to Second Amended and Restated Development Agreement ("First Amendment to Second Amended DA," Ordinance 2019-01), which adjusted the timing of certain infrastructure improvements described in Exhibit H of the Second Amended and Restated DA.

2.0 PROJECT MODIFICATIONS
Rancho Tolenas Corporation, a subsidiary of Lewis Group of Companies (herein, "Project Applicant") has filed applications with the City of Fairfield (herein, "City") for the Villages at Fairfield ("VAF") Lago Vista project (herein, "Project" or "Lago Vista"). VAF encompasses approximately 431 acres in the northeastern area of the City of Fairfield, located to the south of Cement Hill and the Putah South Canal, north of Air Base Parkway, east of the Woodlake Estates residential development, and west of the Gold Ridge residential development. VAF is divided into five separate development projects, including four residential projects: Village I, Village II, Village III, and Village IV, and the Laurel Creek Plaza commercial center. The Project would add an additional development area adjacent to Village II referenced as Lago Vista. The Project requires a reallocation of 295 residential units from Villages I and II, which have been developed with fewer units (806) than previously analyzed and approved (1,101), and an additional 80 residential units for a total of 375 units within Lago Vista. The original VAF approval included 2,327 total residential units, and the VAF EIR originally analyzed 1,101 units for Villages I and II and an additional 1,226 units for Villages III and IV. The Hawthorne Mill West project planned to develop 172 residential units on the Lago Vista site. The Project would not amend VAF total units but reallocate the additional 80 units to Lago Vista from the previously analyzed Hawthorne Mill West units that have not yet been developed on the Lago Vista site.

Moreover, as discussed in Transportation below, the traffic generated from development of the 375 units is less than generated from the 1,101 units considered in the VAF EIR for Villages I and II. The impacts for Lago Vista that vary based on intensity of unit count are determined by traffic trips for impacts to transportation, air quality, greenhouse gas, energy and noise. All of these impacts will be less significant since the traffic impacts will be less. The impacts to land are the same as considered in the Hawthorne Mill EIR. The other unit -based impacts such as utilities, recreation and population and housing are addressed by fees, which the Lago Vista will pay more according to having more units contributing. As such, the impacts will be the same or less for Lago Vista compared to what was studied in the VAF EIR.

The Project is comprised of 154.7 acres and planned for 151 single family units designated as Residential Low -Medium, 224 multifamily units designated as Residential High, and 42.2 acres of Public Facility and 75.2 acres of Open Space Conservation. The Project accommodates public and private improvements to support the planned development. See Exhibit X, Lago Vista Illustrative. The Project requires the following modifications and as further described herein:

General Plan Amendment
Zone Change
Vesting Tentative Subdivision/Condominium Mapl
Development Agreement (DA) Second Amendment to the Second Amended DA The proposed Vesting Tentative Subdivision Map includes a Vesting Tentative Map for Condominium Purposes for Lot 3, the proposed multifamily parcel.
2

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Development Review and Community Design Plan, Amended
Land Use and Zoning
The Project requires a General Plan Amendment to redesignate approximately 15.8 acres of the site as Residential High, reducing the amount of Residential Low -Medium designated area by

9.4 acres and reducing the Open Space Conservation designated area by 6.3 acres. See Exhibit X, General Plan Amendment.

The Project requires a Zone Change to redesignate 154.7 acres comprised of Industrial Business Park, Residential Medium, Public Facility and Open Space Conservation to 21.5 acres of Residential Low -Medium, 15.8 acres of Residential High, 42.2 acres of public facility and 75.2 acres of Open Space Conservation. See Exhibit X, Rezone -Exhibit.

Circulation
The Project will connect to Village II via Horizon Drive. An Emergency Vehicle Access (EVA) point, providing access to Air Base Parkway is proposed in the southwest corner of Lago Vista.

The Project will also include an active transportation link from the northern edge of the residential development and connecting via a multi -use trail and associated open space to the existing Portland Drive. This active use transportation route encompasses approximately 3.8 acres of the Residential Low -Medium and would support pedestrian and bicycle connectivity to Portland Drive that ultimately connects with the Linear Park system.

Infrastructure
Lago Vista will utilize the now -built Village II sewage infrastructure and route sewage to the west to the sewer lift station installed as part of the Villages at Fairfield infrastructure. Other utility connections will be routed to the infrastructure that has already been built or is under construction to serve Village II, with capacity to meet the demands of Lago Vista.

Drainage from the Project would be treated and detained onsite, with the discharge not to exceed 90 percent of the pre -project levels. Stormwater infrastructure, including a stormwater basin, would be located within the southeast corner of the Project site (Lot G). This water quality basin is anticipated to be dedicated to the City and included in the existing lighting and landscaping maintenance district for on -going maintenance. Storm drain connections from the proposed single-family lots (Lot 1 to the west and a portion of Lot 2 to the north) to the Lot G water quality basin will require an easement through the proposed multifamily lot (Lot 3) for access* and maintenance. The City (and related agencies) will also have on -going vehicularrand maintenance access rights to Lot G and the open space to the east of the Project through Lot 3.

The existing water quality basin next to Lot 3 in Village 2 would also serve the northern third of the Project.

Grading & Construction
Mass grading of the entire Project site is anticipated to commence by the end of 2025, with backbone infrastructure and site improvements commencing in 2026. The single family and multifamily lots (Lots 1, 2, and 3) are proposed to be constructed at the same time.

Regulatory
The Hawthorne Mill Project was also analyzed in an Environmental Impact Statement under the 3

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National Environmental Policy Act ("NEPA") in conjunction with the U.S. Army Corps of Engineers' (USACE) issuance of an individual Clean Water Act Section 404 permit ("404 Permit") for the project. Accordingly, the original Hawthorne Mill Project was analyzed in a joint EIS/EIR. No 404 Permit is required for the Lago Vista project, so no further review under NEPA is required. The NEPA analysis in,the Hawthorne Mill EIR/EIS is not relevant for this Addendum, which is only required to analyze the Lago Vista project under CEQA's subsequent review provisions.

Development Agreement
The Lago Vista Project will also involve amendments to the Development Agreement, including to add the Lago Vista site to the Project area, modify the parkland dedication requirements, and accelerate the timeline of certain roadway improvements.

3.0 DETERMINATION TO PREPARE AN ADDENDUM
Pursuant to Section 15164 of the CEQA Guidelines, a lead agency shall prepare an Addendum to a previously certified EIR if changes or additions are necessary and when none of the conditions described in Section 15162 of the CEQA Guidelines (which calls for the preparation of a Subsequent EIR) have occurred. Section 15162 requires preparation of a Subsequent EIR when:
1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions to the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following:

A) The project will have one or more significant effects not discussed in the previous EIR or Negative Declaration; Significant effects previously examined will be substantially more severe than shown in the previous EIR; B) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
C) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative."
Where none of the above -referenced conditions requiring the preparation of a Subsequent EIR exist, the 4

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CEQA Guidelines require a lead agency to prepare an Addendum to the previously certified EIR, including a brief explanation, supported by substantial evidence, of the decision to not prepare a Subsequent EIR CEQA Guidelines Sections 15162 and 15164(a)).

The "project" at issue for purposes of CEQA's subsequent review provisions is the residential development of Lago Vista. In this case, all of the environmental impacts associated with Lago Vista have effectively already been analyzed under a certified EIR as either (a) impacts already accounted for in the VAF EIR or b) site -specific impacts of residential development analyzed under the Hawthorne Mill EIR.

4.0 MITIGATION MEASURES
All mitigation measures identified as part of the VAF EIR and HM EIR would continue to apply to the proposed Project, although many of the mitigation requirements would apply to future implementing developments not specifically applicable to the Project. Where applicable and appropriate, mitigation measures from the Hawthorne Mill EIR are incorporated into this Addendum, ensuring that there are no new or substantially more severe impacts associated with the modifications to the Project. A copy of the combined Mitigation Monitoring and Reporting Program for the Project is provided herein as Exhibit X.

5.0 SUMMARY OF FINDINGS
The Project's modifications to the previously approved development described above result in volume - based impacts such as traffic, air quality, roadway noise, utilities, water supply, and public services that are consistent with the those addressed by the VAF EIR. The footprint of the developed area remains the same or smaller than the development already analyzed in the Hawthorne Mill EIR, so all land -based impacts, such as those related to agriculture, biology, cultural, geology, hydrology, and hazards. remain the same or less significant than those analyzed in the Hawthorne Mill EIR.

Each impact area summarized below analyzes whether the proposed Project will result in new significant impacts or a substantial increase in the severity of significant impacts previously identified in the VAF EIR or Hawthorne Mill EIR, as applicable. On the basis of the evaluation below, the City determines that the potentially significant effects that could result from the proposed Lago Vista Project have been addressed in either the certified VAF EIR (and subsequent addenda) or the certified Hawthorne Mill EIR, and that none of the conditions for preparation of a subsequent EIR set forth in the Public Resources Code Section 21166 and CEQA Guidelines Section 15162 have been triggered. Accordingly, an Addendum to the VAF EIR and Hawthorne Mill EIR shall be prepared pursuant to CEQA Guidelines Section 15164, as set forth below2.

The Project modifications do not cause new or substantially more severe significant impacts than previously analyzed because all of the impacts of the Project have already been analyzed under either the VAF EIR or the Hawthorne Mill EIR with respect to impacts that are specific to the Project area. Therefore, this Addendum is an addendum to both the VAF EIR and the Hawthorne Mill EIR. As documented in this Addendum, (a) the impacts of the Project related to Transportation, Air Quality and Greenhouse Gas, Public Facilities & Services, Population & Housing, Recreation, Utilities & Service Systems, and Energy have been sufficiently analyzed by the VAF EIR such that no major revisions to the VAF EIR are required; and b) the impacts of the Project related to Biological Resources, Aesthetics, Cultural Resources & Tribal 2 Note that the VAF EIR and previous addenda to the VAF EIR followed the organizational structure of the Peabody Walters EIR, which combined certain impact discussions into larger chapters, while the Hawthorne Mill EIR analyzed each CEQA impact area in individual chapters. For clarity, this Addendum is organized by individual impact area but references the previous VAF EIR analysis by its heading in the VAF EIR where applicable. 5

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Cultural Resources, Hydrology & Water Quality, Noise, Geology & Soils, Agriculture & Forestry Resources, Hazards & Hazardous Materials, Land Use & Planning, Mineral Resources, Population & Housing, and Wildfire, have been sufficiently analyzed by the Hawthorne Mill EIR such that no major revisions to the Hawthorne Mill EIR are required. Where applicable, mitigation measures from each previously certified EIR are referenced and incorporated into this Addendum.

A. Aesthetics
The Hawthorne Mill EIR evaluated the potential aesthetics impacts of the development of residential uses and concluded that all impacts associated with development on the Lago Vista site related to aesthetics would be less than significant with the exception of potential impacts related to light and glare that could affect day and nighttime views in the project vicinity. The Hawthorne Mill EIR analyzed residential use on the site, and the Project is proposing,residential use with similar standards and massing. As such, there are no meaningful differences between the potential aesthetic impacts of the Project and the previously analyzed Hawthorne Mill West project. Views of the proposed Project development from the surrounding area would be similar to those analyzed in the Hawthorne Mill EIR, and the site itself contains no visual resources.

To address the potential impacts of the Hawthorne Mill West project related to light and glare, the Hawthorne Mill EIR included MM AES-2, which is incorporated into this Addendum, as adapted to the Project (modifications in str-ikeeut and underline):

MM AES-2: Prior to issuance of the first building permit for each phase of Haulier-ne Mill East and u.,•..«h,.me Mill WestLa o Vista, the applicant shall prepare and submit an outdoor lighting plan (which includes a photometric analysis) to the City of Fairfield that includes a footcandle map illustrating the amount of light from the project site at adjacent light-sensitive receptors. The lighting plan shall provide directional shielding for all exterior lighting; automatic shutoff or motion sensors; and include minimal levels of street lighting.

Environmental Issues New No No No Impact
Significant Substantial Substantial
Aesthetic Impacts - Would the Impact or Change from Change from project: Substantially Previous VAF Previous
More Severe EIR Analysis Hawthorne
Impact Mill EIR
Analysis
a) Have a substantial adverse x
effect on a scenic vista?
b) Substantially damage scenic x
resources, including, but not
limited to trees, rock
outcroppings, and historic
buildings within a
State -designated scenic
highway?
c) Substantially degrade the x
existing visual character or
quality of the site and its
surroundings?
0

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d) Create a new source of X
substantial light or glare which
would adversely affect day or
nighttime views in the area?
B. Air Quality & Greenhouse Gases
Since most of the units in the Project are being re -allocated from already approved Village I-11 units, this Addendum considers them Village 1-11 units for the purposes of analyzing Air Quality impacts, and the Air Quality analysis in the VAF EIR would apply (see VAF EIR Chapter 7).

The VAF EIR concluded that the VAF project would contribute to an exceedance of Bay Area Air Quality Management District (`BAAQMD") significance thresholds for certain conventional pollutants and that this impact would be significant and unavoidable. By re- allocating Village I- 11 units and adding additional units to the adjoining Lago Vista site, there is no change in this conclusion. This impact will remain significant and unavoidable as in the VAF EIR, but the VAF EIR included mitigation measures to reduce air quality impacts to the extent feasible. The Project would be required to comply with all VAF EIR mitigation measures relevant and applicable to Village I-11, ensuring that any air quality impacts would be mitigated to the extent feasible and would be consistent with those analyzed in the VAF EIR. Accordingly, the air quality impacts associated with the Project would not represent new significant impacts or a substantial increase in the severity of previously identified significant impacts and would remain below the Section 15162 thresholds.

Environmental Issues New No No No Impact
Significant Substantial Substantial
Air Quality - Would the project: Impact or Change Change from Substantially from Previous
More Severe Previous Hawthorne
Impacts VAF EIR Mill EIR
Analysis Analysis
a) Conflict with or obstruct X
implementation of the applicable air
quality plan?
b) Violate an air quality standard or X
contribute to an existing or projected air
quality violation?
c) Result in cumulatively considerable net X
increase of any criteria pollutant for
which the project region is in non -
attainment under an applicable federal or
state ambient air quality standard
including releasing emission which
exceed quantitative thresholds for ozone
precursors)?
d) Expose sensitive receptors to substantial X
pollutant concentrations?
7

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e) Create objectionable odors affecting a x
substantial number of people?
With respect to GHG impacts associated with the Project, the VAF GHG analysis would also apply. In the 2010 and 2015 Addenda to the VAF EIR, the City concluded that although the 2005 EIR did not evaluate the VAF project's GHG emissions, the later adoption of AB 32 and BAAQMD GHG thresholds did not constitute new information requiring a subsequent or supplemental EIR since those regulatory developments did not reveal new site- specific impacts, and GHG impacts were known or knowable in 2005. As detailed in the Transportation Impact Analysis Memorandum prepared by Wood Rodgers and attached as Appendix B to this Addendum, the as -built Villages I and II plus the Project would result in substantially fewer daily trips than the trip generation for Villages I and II analyzed in the VAF EIR. Since traffic is the primary driver associated with volume -based operational impacts such as greenhouse gas emissions, and the proposed Project units can be accounted for in the VAF trip generation budget, the GHG analysis does not change. No GHG mitigation would be required under the VAF EIR. Nevertheless, as a matter of regulatory compliance, the Project is required to comply with current Title 24 energy efficiency standards, therefore, the Project units will be more energy- and GHG-efficient than the units originally analyzed in the VAF EIR. The Project units will also be solar -ready. Accordingly, the GHG impacts associated with the Project would not represent new significant impacts or a substantial increase in the severity of previously identified significant impacts and would remain below the Section 15162 thresholds.

Environmental Issues New No No No Impact
Significant Substantial Substantial
Greenhouse Gas Impacts- Would the Impact or Change Change project: Substantially from from
More Severe Previous Previous
Impacts VAF EIR Hawthorne
Analysis Mill EIR
Analysis
a) Generate greenhouse gas emissions, x
either directly or indirectly, that may
have a significant impact on the
environment?
b) Conflict with an applicable plan, x
policy, or regulation adopted for the
purpose of reducing the emissions of
greenhouse gases?
C. Biological Resources
Potential impacts to biological resources related to development on the Project site were thoroughly analyzed in the Hawthorne Mill EIR. Existing conditions on the Lago Vista site have not materially changed since the Hawthorne Mill EIR was certified. The proposed Project development footprint has been designed to avoid potentially jurisdictional features in the areas near McCoy Basin, and, as such, will entirely avoid wetland impacts. As a result, the Project will greatly reduce impacts to biological resources compared to Hawthorne Mill West, which

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assumed fill of 0.30 acres of wetlands, with indirect impacts to 0.82 acres of wetlands.

Hawthorne Mill West also assumed indirectly impacted 0.66 acres of Contra Costa Goldfields habitat, as well as direct and indirect impacts to 1.21 acres of pappose tarplant, due to the extension of Portland Drive. The proposed Project would indirectly impact 0.06 acres of Contra Costa goldfields and result in direct and indirect impacts to 0.43 acres of pappose tarplant. The proposed Project would also affect approximately 759 square feet (0.01 acre) of bearded popcornflower. The Hawthorne Mill EIR incorrectly assumed the bearded popcornflower was absent. Recent plant surveys confirmed that 0.01 acre of bearded popcornflower is located within the Hawthorne Mill West area. The bearded popcornflower occupies similar habitat as the pappose tarplant. As a result, the total amount of impacted special -status plant habitat is

0.50 acres, which is less than the 1.21 acres that would have been impacted by Hawthorne Mill West (See EIR Addendum Biological Summary Memorandum prepared by WRA, Inc., attached as Appendix A).

Based on these findings, the proposed Project will substantially reduce impacts to sensitive plant species as compared to Hawthorne Mill West, and impacts to these resources will be less than what was proposed for Hawthorne Mill West. This Addendum incorporates the relevant mitigation measures for special -status plant species from the Hawthorne Mill EIR. The Hawthorne Mill EIR concluded that all impacts to biological resources associated with the Hawthorne Mill West project would be less than significant with mitigation. Since all biological impacts of the proposed Project are less than those proposed for Hawthorne Mill West, there is no change to this conclusion, and in fact less mitigation is required with reduced impacts., For some biological resources, principally including raptor foraging habitat, impacts will be similar between Hawthorne Mill West and the Project since they would both develop approximately the same amount of vacant land that currently provides foraging habitat. For those impacts, this Addendum incorporates the relevant mitigation measures from the Hawthorne Mill EIR, ensuring that those impacts remain less than significant, consistent with the Hawthorne Mill EIR. While the VAF EIR includes a project -wide mitigation measure for impacts to Swainson's hawk foraging habitat requiring compensatory mitigation at a ratio of

0.5:1, the Project will implement the more conservative ratios (0.75:1 to 1:1) consistentwith the Hawthorne Mill EIR. On
October 15, 2024, burrowing owl was listed as a state candidate species by the California Fish and Game Commission. During the listing review process, burrowing owl will be temporarily afforded the same protections as state -listed species throughout the entirety of California.

Impacts to burrowing owl were evaluated in the Hawthorne Mill EIR, and, as discussed in greater detail below, mitigation was included that requires protocol -level wintering and nesting season surveys prior to the initiation of construction, pre -construction burrowing owl survey no more than 30 days prior to the first ground -disturbing activity, and avoidance measures pursuant to CDFW guidelines in the event owls are found on -site or within 600 meters of a development area. To
address the potential impacts of the Hawthorne Mill West project related to biological resources, the Hawthorne Mill EIR included various mitigation measures.3 As noted above, the Note that numerous mitigation measures in the Hawthorne Mill EIR applied solely to the Hawthorne Mill East site and are not relevant to this Addendum.

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proposed Project will avoid most of the biological impacts analyzed and mitigated in the Hawthorne Mill EIR, so only certain biological resource mitigation measures from the Hawthorne Mill EIR remain relevant and applicable to the Project. The following Hawthorne Mill EIR mitigation measures remain applicable and are incorporated into this Addendum, as adapted to the Project (modifications in stfikee and underline):

MM BIO-lb: To mitigate indirect effects to 0.606 acre of occupied Contra Costa goldfields (CCG) habitat within the 14N4W Lago Vista Ddevelopment Aarea, 0.606 acre of CCG preservation credits shall be purchased from an approved, off -site mitigation bank. To compensate for direct and indirect impacts to pappose tarplant 0.43 acre&34- aere and 0.88 ae-re, res eetively) and bearded popcornflower (0.01 acre), 0.441.21 acres of pappose tarplant and bearded popcornflower preservation credits shall be purchased from an approved, off -site mitigation bank. Proof of purchase of preservation credits or suitable land protection mechanism shall be provided prior to issuance of mass grading permits for Lago-HA4W.

MM 13I0-1 e: If an active Swainson's hawk nest tree occurs within 1 mile of HMW-Lago Vista development area, 1.0 acre of habitat management land shall be provided for each acre of foraging habitat developed or removed within 1 mile of the active nest (1:1 ratio).

If an active Swainson's hawk nest tree located within 5 miles but greater than 1 mile of the P1N43AI-La ogVistadevelopment, 0..75 acre of habitat management lands shall be provided for each acre developed (0.75:1 ratio) through fee title acquisition or conservation easement on agricultural lands, or other suitable lands that provide foraging habitat for Swainson's hawk.

Currently, aAlI lands within the Lago VistaHMW development area occur greater than -I mile and less than 2.5 miles from a recently active (within the last 5 years) Swainson's hawk nest (WRA 2025 CPF,'2013 . To mitigate for the loss of 31.1 acres of suitable foraging habitat within the Lago Vista 14M-3AI development area, 24—.3-523.33 acres shall be purchased at an approved off -site mitigation bank or permanently preserved. Since the mitigation bank or permanent preservation will involve lie existing habitats, there will be no temporal loss or uncertainty regarding successful compensation. Therefore, purchase of mitigation bank credits or permanent preservation at a 0.75:1 compensation - to -impact ratio should meet agency objectives.

In addition, prior to the onset of activities, pre -construction surveys shall be performed in suitable habitats located within 0.5 mile of the 14N4W Lago Vista development area during the nesting season (April 1 through September 30). If Swainson's hawks are found nesting within this limit, activities shall be postponed until young have fledged or a reduced, no -disturbance setback is approved through consultation with CDFW or determined by a qualified biologist.

MM BIO-If: Protocol -level wintering and nesting season surveys for burrowing owl will be conducted prior to the initiation of construction. Additionally, no more than 30 days prior to the first ground -disturbing activity within HME and LTLago Vista development areas, pre -construction burrowing owl surveys shall be performed for the Project area. If owls are found on -site in or within 600 meters of a development area, mitigation guidelines adopted in the 2012 Staff Report on Burrowing Owl Mitigation shall be followed (CDFG 2012) or updated guidance in accordance with applicable 10

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regulations at the time of project construction. Measures may include the implementation of appropriate nest buffer areas that shall be avoided during construction, as well as establishment of alternate burrow for any burrows directly impacted and conservation of foraging habitat in the Conservation Area, which shall be restored and conserved via conservation easement or fee title acquisition.

MM BIO-lh: When feasible, construction activities and vegetation removal for 14 Lago Vista development areas shall be done outside of the raptor breeding season January 1 through August 31). If work must be conducted during the breeding season, a pre - construction survey for nesting raptors with potential to occur in the Project Area shall be performed by a qualified biologist within 14 days of the onset of activities in and within 500 feet of the Project Area. If an active nest is found, a 500-foot buffer shall be placed around the active nest until all young have fledged, or the nest has been naturally predated or abandoned. The buffer size may be -reduced by a qualified biologist with approval from CDFW based on proximity and nature of the activity to the nest. To mitigate for the loss of 31.1 acres of suitable raptor foraging habitat within the HA4W Lago Vista development area, 31.1 acres shall be purchased at an approved off -site mitigation bank or permanently preserved resulting in a 1:1 ratio of mitigated -to - impacted habitat for foraging raptors. MM-BIO-
Ii: When feasible, construction activities and vegetation removal for- d will be done outside of the bird breeding season (January 1 through August 15). If work must be conducted during the breeding season, then a pre -construction survey for nesting birds, including grasshopper sparrow, loggerhead shrike, and other migratory bird species with potential to occur in the Project Area, shall be performed by a qualified biologist within 14 days of the onset of activities in and within 250 feet of the Project Area. If an active nest is found, a 250-foot buffer shall be established around the nest. The buffer size may be reduced by a qualified biologist with approval from CDFW, based on site conditions and the nature of the activity. The buffer shall be maintained until all young have fledged, or the nest has been naturally predated and abandoned. Environmental Issues New No No No Impact Significant Substantial
Substantial Biological Resources -
Would the project: Impact or Change Change Substantially from from More Severe
Previous Previous Impacts VAF
EIR Hawthorne Analysis Mill
EIR Analysis a)
Have
a substantial adverse effect, x 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?
11

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b) Have a substantial adverse effect on X
any riparian habitat or other sensitive
natural community identified in local
or regional plans, policies, and
regulations or by the California
Department of Fish and Wildlife or
U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on X
federally protected wetlands as defined
by Section 404 of the Clean Water Act
including, but not limited to, marsh,
vernal pool, coastal, etc.) through
direct removal, filling, hydrological
interruption, or other means?
d) Interfere substantially with the X
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?
e) Conflict with any local policies or X
ordinances related to protecting
biological resources, such as atree
preservation policy or ordinance?
f) Conflict with the provisions of an X
adopted Habitat Conservation Plan,
Natural Community Conservation
Plan, or other approved local, regional,
or state habitat conservation plan?
12

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D. Cultural Resources (including Tribal Cultural Resources) The Hawthorne Mill EIR concluded that potential impacts of the Hawthorne Mill West project related to cultural resources would be less -than -significant with mitigation. Existing conditions on the Project site have not materially changed since the Hawthorne Mill EIR was certified, and the potential cultural resources impacts of the Project development area are substantially similar to those analyzed and mitigated in the Hawthorne Mill EIR. The following Hawthorne Mill EIR mitigation measures remain applicable and are incorporated into this Addendum, as adapted to the Project (modifications in strikeout and underline):

MM CUL-1: If potentially significant historic resources are encountered during subsurface excavation activities, all construction activities within a 100-foot radius of the resource shall cease until a qualified archaeologist determines whether the resource requires further study. The City and/or the United States Arm), Ger-ps of Engineers USAGE)-2 shall require that the applicant include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. Any previously undiscovered resources found during construction shall be recorded on appropriate Department of Parks and Recreation (DPR) forms and evaluated for significance in terms of Section 106 of the National Historic Preservation Act and/or California Environmental Quality Act criteria by a qualified archaeologist. Potentially significant cultural resources consist of but are not limited to glass, cans, brick, stone, bone, and wood, or features including hearths, structural remains, or historic dumpsites.

If the resource is determined to be significant under Section 106 or CEQA, the City and/or- the USAGE and a qualified archaeologist shall determine whether preservation in place is feasible. Such preservation in place is the preferred mitigation, if feasible. If such preservation is not feasible, the 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 Regional Information Center), and provide for the permanent curation of the recovered materials.

MM CUL-2: If potentially significant archaeological resources are encountered during subsurface excavation activities, all construction activities within a 100-foot radius of the resource shall cease until a qualified archaeologist determines whether the resource requires further study. The City and/or the United States Army Corps of Engineefs USAGE) shall require that the applicant include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. Any previously undiscovered resources 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. Potentially significant cultural resources consist of but are not limited to stone, bone, fossils, wood, or shell artifacts, or features including hearths, structural remains, or historic dumpsites.

If the resource is determined to be significant under CEQA, the City and/or- the USAGE 2 As noted above, the City is preparing this Addendum under CEQA's subsequent review provisions, and the previous NEPA EIS prepared for the Hawthorne Mill Project is not relevant since the Project does not require a 404 Permit. Accordingly, references to USACE in Hawthorne Mill mitigation measures are deleted for purposes of their incorporation into this Addendum.
13

Page 511 of 1141 ends

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), and provide for the permanent curation of the recovered materials.

MM CUL-3: In the event that plant or animal fossils are discovered during subsurface excavation activities for the proposed project, all excavation within 100 feet of the fossil shall cease until a qualified paleontologist has determined the significance of the find and provides recommendations in accordance with Society of Vertebrate Paleontology standards. The paleontologist shall notify the City of Fairfield *"pe Tr~:toa States Army Ger-ps efEfigineeFs (USAGE) to determine procedures to be followed before construction is allowed to resume at the location of the find. If the find is determined to be significant and the City determines that avoidance is not feasible, the paleontologist shall design and implement a data recovery plan consistent with the Society of Vertebrate Paleontology standards. The plan shall be submitted to the City and/or the USAGEAnE for review and approval. Upon approval, the plan shall be incorporated into the project.

MM CUL-4: If human remains are encountered during earth- disturbing activities for the project, all work in the adjacent area shall stop immediately and the Solano County Coroner's office shall be notified. If the coroner determines the remains are Native American, the coroner shall contact the NAHC within 24 hours, and the NAHC shall identify the person or persons it believes to be the most likely descendant (MDL) of the deceased Native American. The MDL may make recommendations to the landowner or the person responsible for the excavation work, for 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.

Environmental Issues New No No No Impact
Significant Substantial Substantial
Cultural Resources— Would the project: Impact or Change Change Substantially from from
More Severe Previous Previous
Impacts VAF EIR Hawthome
Analysis Mill EIR
Analysis
a) Cause a substantial adverse change in x
the significance of a historical
resource as defined in CEQA
Guidelines Section 15064.5?
b) Cause a substantial adverse change in x
the significance of an archaeological
resource pursuant to CEQA
Guidelines Section 15064.5?
14

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c) Directly or indirectly destroy a unique x
paleontological resource or site or
unique geological feature?
d) Disturb any human remains, including x
those interred outside of formal
cemeteries?
Specifically, regarding Tribal Cultural Resources, the Hawthorne Mill EIR analyzed potential impacts to Tribal Cultural Resources under the Cultural Resources impact category. Since the certification of the Hawthorne Mill EIR, Assembly Bill 52 (AB 52) added various provisions to the California Public Resources Code (PRC) that concern Tribal Cultural Resources, including § 21080.3.1(d). The adoption of AB 52 established the tribal cultural resources environmental factor and related thresholds for Appendix G of the CEQA Guidelines. On July 30, 2016, the California Natural Resources Agency adopted the final text for the tribal cultural resources update to Appendix G of the CEQA Guidelines, which was approved by the Office of Administrative Law on September 27, 2016. The addition of Tribal Cultural Resources as a separate category from Cultural Resources does not constitute new information requiring a revision to the Hawthorne Mill EIR. Moreover, the requirements of PRC Section 21080.3.1 only apply to the preparation of a negative declaration, mitigated negative declaration, or EIR; they do not apply to project revisions that do not trigger subsequent environmental review pursuant to Section 21084 and CEQA Guidelines Section 15162 and require only an addendum under CEQA Guidelines Section 15164. See PRC § 21080.3.1(b).

Environmental Issues
Tribal Cultural Resources - Would the
project:

New
Significant
Impact or
Substantially
More Severe
Impacts
No
Substantial
Change
from
Previous

VAF EIR
Analysis
No
Substantial
Change
from
Previous
Hawthorne
Mill EIR
Analysis
No Impact
a) Cause a substantial adverse change in x
the significance of a tribal cultural
resource that is 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)?
b) Cause a substantial adverse change in x
the significance of a tribal cultural
resource that is 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?
15

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E. Geology & Soils
The Hawthorne Mill EIR concluded that potential impacts of the Hawthorne Mill West project related to geology and soils would be less -than -significant with mitigation. Existing conditions on the Project development area have not materially changed since the Hawthorne Mill EIR was certified, and the potential geology and soils -related impacts of the Project are substantially similar to those analyzed and mitigated in the Hawthorne Mill EIR. The following Hawthorne Mill EIR mitigation measure remains applicable and is incorporated into this Addendum:

MM GEO-1: Prior to issuance of building permits, the project applicant shall submit a design -level geotechnical study and building plans to the City of Fairfield for review and approval. The building plans shall incorporate all applicable recommendations of the design -level geotechnical study and comply with all applicable requirements of the most recent version of the California Building Standards Code. A licensed professional engineer shall prepare the plans, including those that pertain to soil engineering, structural foundations, pipeline excavation, and installation. The approved plans shall be incorporated into the proposed project. All onsite soil engineering activities shall be conducted under the supervision of a licensed Geotechnical Engineer or Certified Engineering Geologist.

Environmental Issues New No No No Impact
Significant Substantial Substantial
Geology and Soils - Would the project: Impact or Change Change Substantially from from
More Severe Previous Previous
Impacts VAF EIR Hawthorne
Analysis Mill EIR
Analysis
a) Expose persons or structures to X
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
ii. Strong seismic ground shaking?
ii. Seismic -related ground failure,
including liquefaction?
iv. Landslides?
IR

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b) Result in substantial erosion or loss of x
topsoil?
c) Be located on a geologic unit or soil x
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?
d) Be located on expansive soil, as x
defined in Table 18-1-B of the
Uniform Building Code, creating
substantial risks to life or property?
e) Have soils incapable of adequately x
supporting the use of septic tanks or
alternative wastewater disposal
systems where sewer is not available
for the disposal of waste water?
F. Hazards & Hazardous Materials
The Hawthorne Mill EIR concluded that potential impacts of the Hawthorne Mill West project related to hazards and hazardous materials would be less -than -significant. Existing conditions on the Project development area have not materially changed since the Hawthorne Mill EIR was certified, and the potential impacts of the Project related to hazards and hazardous materials are substantially similar to those analyzed in the Hawthorne Mill EIR. No mitigation was required in the Hawthorne Mill EIR.

Environmental Issues New No No No Impact
Significant Substantial Substantial
Hazards and Hazardous Materials - Would Impactor Change Change the project: Substantially from from More
Severe Previous Previous Impacts
VAF EIR Hawthorne Analysis
Mill EIR Analysis
a)
Create a significant hazard to the x public
or the environment through the routine
transport, use, or disposal of hazardous
materials? b)
Create a significant hazard to the x public
or the environment through reasonably
foreseeable upset and accident
conditions involving the likely
release ofhazardous materials into
the environment? c)
Emit hazardous emissions or handle x hazardous
or acutely hazardous materials,
substances, or waste within one -
quarter mile of an existing or 17

Page 515 of 1141 ends

proposed school?
d) Be located on a site which is included x
on a list of hazardous materials sites
compiled pursuant to Government
Code Section 65962.5 and as a result,
would create a significant hazard to
the public or the environment?
e) Be located within an airport land use x
plan, or where such a plan has not
been adopted, within two miles of a
public airport or public use airport,
result in a safety hazard for people
residing or working in the project
area?
t) Be located within the vicinity of a x
private airstrip, result in a safety
hazard for people residing or working
in the project area?
g) Impair implementation of or x
physically interfere with an adopted
emergency response plan or
emergency evacuation plan?
h) Expose people or structures to a x
significant risk of loss, injury or death
involving wildland fires, including
where wildlands are adjacent to
urbanized areas or where residences
are intermixed with wildlands?
G. Hydrology & Water Quality
Potential impacts to hydrology and water quality related to development on the Project site were thoroughly analyzed in the Hawthorne Mill EIR. Existing conditions on the Project development area have not materially changed since the Hawthorne Mill EIR was certified. The Hawthorne Mill EIR concluded that all impacts to hydrology and water quality associated with the Hawthorne Mill West project would be less than significant with mitigation.

Hydrology and water quality impacts will be similar between Hawthorne Mill West and the Project. For example, potential stormwater impacts of the Lago Vista project will be substantially similar to those analyzed in the Hawthorne Mill EIR since the amount of impervious surface area created by the project will be substantially similar to what was proposed and analyzed in the Hawthorne Mill EIR. Potential flood risks are identical between the proposed Project and the previously proposed Hawthorne Mill West project. For those impacts, this Addendum incorporates the relevant mitigation measures from the Hawthorne Mill EIR, ensuring that those impacts remain less than significant, consistent with the Hawthorne Mill EIR. 18

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To address the potential impacts of the Hawthorne Mill West project related to hydrology and water quality resources, the Hawthorne Mill EIR included various mitigation measures.' The following Hawthorne Mill EIR mitigation measures remain applicable and are incorporated into this Addendum, as adapted to the Project (modifications in strikeout and underline):

MM HYD-la: Prior to the issuance of a grading permit for either- the HavAherne Mill East Pfejeet of HavAherne Mill West the Lago Vista project, the project applicant shall retain a Qualified SWPPP Developer to prepare and submit a Stormwater Pollution Prevention Plan (SWPPP) to the City of Fairfield that identifies specific actions and maps Best Management Practices (BMPs) to prevent stormwater pollution during construction activities for the relevant project.

The SWPPP shall identify a practical sequence for BMP implementation and maintenance, site restoration, monitoring locations and plan, contingency measures, responsible parties, and agency contacts. The SWPPP may include but not be limited to the following elements:
o The use of erosion and sediment -control BMPs, including construction techniques that will reduce the potential for runoff as well as other measures to be implemented during construction. These may include but not be limited to sedimentation ponds, inlet protection, perforated riser pipes, check dams and' silt fences;
o The means of waste disposal;
o The implementation of approved local plans, non-stormwater management controls, permanent post -construction BMPs, and inspection and maintenance responsibilities;
o The pollutants that are likely to be used during construction that could be present in stormwater drainage and non-stormwater discharges, and other types of materials used for equipment operation;
o Spill prevention and contingency measures, including measures to prevent or clean up spills of hazardous waste and of hazardous materials used for equipment operation, and emergency procedures for responding to spills; o Personnel training requirements and procedures that will be used to ensure that workers are aware of permit requirements and proper installation methods for BMPs specified in the SWPPP; and
o The appropriate personnel responsible for supervisory duties related to implementation of the SWPPP.

MM HYD-2: Prior to the issuance of grading permits for the proposed project, the project applicant shall submit a Stormwater Management Plan (SWMP) to the City of Fairfield for review and approval that complies with the applicable provisions of the Municipal Regional Permit. The plan shall include a detailed drainage plan and identify location, size, and type of pollution prevention measures to prevent polluted stormwater runoff from leaving the developed areas within the project site. If 3 Note that numerous mitigation measures in the Hawthorne Mill EIR applied solely to the Hawthorne Mill East site and are not relevant to this Addendum.
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stormwater basins and biofiltration swales are proposed, the SWMP shall include details showing soil media type and thickness, underdrain structures to facilitate adequate infiltration, and outlet protection measures to minimize erosion. Tlzcxe SW 4iP proposed 8.0 e feet storm ester b The approved measures shall be incorporated into the proposed project. Examples of additional stormwater pollution prevention measures and practices to be incorporated into the plan include but are not limited to:
o Strategically placed landscaped areas that promote percolation of runoff o Pervious pavement
o Low impact development
o Roof drains that discharge to landscaped areas
o Trash enclosures with screen walls and roofs
o Stenciling on storm drains
o Curb cuts in parking areas to allow runoff to enter landscaped areas o Rock -lined areas along landscaped areas in parking lots o Catch basins
o Oil/water separators
o Regular sweeping of parking areas and cleaning of storm drainage facilities o Employee training to inform maintenance personnel of stormwater pollution prevention measures
o Minimization measures
o Long-term operations and maintenance
MM HYD-4: Prior to the issuance of a grading permit for the proposed project, the project applicant shall submit a Storm Water Management Plan to include a detailed drainage plan, to the City of Fairfield for review and approval. The drainage plan component shall identify all expected flows from and through the project area, and it shall identify the location, size, and type of facilities used to detain and reduce peak flows to 90 percent of pre -project conditions consistent with City of Fairfield requirements. The approved drainage plan shall be incorporated into the proposed project.

MM HYD-5: Prior to issuance of grading permits for the H.,.,hheme Mill Wes Lago Vista project, for any structures located within the 100-year floodplain, the applicant must submit a detailed and engineer -stamped Flood Analysis and Design Report to the City of Fairfield and to FEMA for review and approval. The Flood Analysis and Design Report shall demonstrate that all structures have a finished floor elevation of at least 1 foot above the 100-year flood elevation. The approved Flood Analysis and Design Report shall be incorporated into the proposed project. 20

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Environmental Issues New No No No Impact
Significant Substantial Substantial
Hydrology and Water Quality - Would the Impact or Change Change project: Substantially from from
More Severe Previous Previous
Impacts VAF EIR Hawthorne
Analysis Mill EIR
Analysis
a) Violate any water quality X
standards or waste discharge
requirements?
b) Substantially deplete X
groundwater supplies or interfere
substantially with groundwater
recharge such that there would be a net
deficit in aquifer volume or a lowering
of the local groundwater table level
e.g., the production rate of pre-
existing nearby wells would drop to a
level which would not support
existing land uses or planned uses for
which permits have been granted)?
c) Substantially alter the existing X
drainage pattern of the site or area,
including through the alteration of the
course of a stream or river, in a
manner which would result in
substantial erosion or siltation on- or
off -site?
d) Substantially alter the existing X
drainage pattern of the site or area,
including through the alteration of the
course of a stream or river, or
substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on- or
off site?
e) Create or contribute runoff X
water, which would exceed the
capacity of existing or planned storm
water drainage systems or provide
substantial additional sources of
polluted runoff?
0 Otherwise substantially X
degrade water quality?
g) Place housing/structureswithin X
a 100-year flood hazard area as
mapped on a federal Flood Hazard
Boundary or Flood Insurance Rate
Map or other flood hazard delineation
map?
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h) Place within a 100-year flood
hazard area structures which would
impede or redirect flood flows?
x
i) Expose people or structures to x
a significant risk of loss, injury or
death involving flooding, including
flooding as a result of the failure of a
levee or dam?
j) Result in inundation by seiche, x
tsunami or mudflow9
H. Land Use & Planning
The Hawthorne Mill EIR concluded that potential impacts of the Hawthorne Mill West project related to land use and planning would be less -than -significant. Existing conditions on the Project site, and neighboring land uses have not materially changed since the Hawthorne Mill EIR was certified, and the potential impacts of the Project related to land use and planning are substantially similar to those analyzed in the Hawthorne Mill EIR. The proposed Project includes a General Plan Amendment to redesignate approximately 15.8 acres of the site as Residential High, which would reduce the area designated Residential Low Medium by approximately 9.4 acres and the area designated Open Space Conservation (OSC) by approximately 6.2 acres. The proposed Project also includes a Zoning Amendment to rezone the

37.2-acre Project area consistent with the area's General Plan land use designations. Because the Project involves a zone change, it will be reviewed by the Solano County Airport Land Use Commission.

Environmental Issues New No No No Impact
Significant Substantial Substantial
Land Use - Would the project: Impact or Change Change
Substantially from from
More Severe Previous Previous
Impacts VAF EIR Hawthorne
Analysis Mill EIR
Analysis
a) Physically divide an established C x
community?
b) Conflict with any applicable land use x
plan, policy, or regulation of an
agency with jurisdiction over the
project (including, but not limited to
the general plan, specific plan, local
coastal program, or zoning ordinance)
adopted for the purpose of avoiding or
mitigating an environmental effect?
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c) Conflict with any applicable habitat x
conservation plan or natural
community conservation plan?
I. Noise
The Hawthorne Mill EIR concluded that potential impacts of the Hawthorne Mill West project related to noise would be less -than -significant with mitigation. Existing conditions on the Project development area and neighboring land uses have not materially changed since the Hawthorne Mill EIR was certified. The same conclusions in the Hawthorne Mill EIR related to construction noise, vibration, and exposure of future residents to sources of noise apply to the proposed Lago Vista project as the proposed land uses and location of those land uses is substantially similar to what was proposed for Hawthorne Mill West. The primary source of noise exposure for Lago Vista is Air Base Parkway, and the Hawthorne Mill EIR included mitigation measures to address potential impacts of Air Base Parkway noise on future residents. The Hawthorne Mill EIR also included standard mitigation measures to address the potential impacts of construction noise on nearby receptors. The following Hawthorne Mill EIR mitigation measures remain applicable to the Project4 and are incorporated into this Addendum, as adapted to the Lago Vista project modifications in str-ikeeu and underline):

MM N01-1: The project applicant shall require construction contractors to adhere to the following noise attenuation requirements:
o Construction activities shall be limited to between the hours of 7:00 a.m. and 10:00 p.m. o All construction equipment shall use noise -reduction features (e.g., mufflers and engine shrouds) that are no less effective than those originally installed by the manufacturer. o Construction staging and heavy equipment maintenance activities shall be performed a minimum distance of 300 feet from the nearest offsite residential building, unless safety or technical factors take precedence.
o Stationary combustion equipment such as pumps or generators operating within 300 feet of any offsite residential building shall be shielded with a noise protection barrier.

MM N014a: The project applicant shall construct a 7-foot-high sound wall along the 14a,A4t,,,me Mill West Lago Vista residential lot inspection lines contiguous with Air Base Parkway. To control flanking noise, the sound wall shall extend the length of the first lot at each driveway. The sound wall shall be constructed free of any decorative cutouts or openings. Exhibit 3.10 2 provides the proposed locations of the sound walls.

MM N014c: The project applicant shall provide a "windows closed" condition for all 14&,mt,,,me Mill East and 14aA+i.,.me Mill West. Lao Vista residential units. A "windows closed" condition requires a means of mechanical ventilation pursuant to California Building Code standards. This shall be achieved with standard air conditioning or a fresh air intake 4 Note that numerous mitigation measures in the Hawthorne Mill EIR applied solely to the Hawthorne Mill East site and are not relevant to this Addendum.
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Fairfield City CouncilSeptember 16, 2025

Fairfield City Council
September 16, 2025