Agenda Item No: L.2
AGENDA REPORT
DATE: February 3, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026-11 PR Naming Rights
Declaring Application Period is Open for Solicitation of Naming Rights for Two City -Owned Facilities - the Fairfield Center for Creative Arts and the Golf Range at Paradise Valley Golf Course Funding Source: N/A
Contact: Kristina Kaunzinger, (707) 428-7470
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
City staff are seeking City Council declaration to open application to solicit naming rights for the Fairfield Center for Creative Arts and golf range at the Paradise Valley Golf Course.
DISCUSSION
On October 1, 2019, the council established the Policy for Naming City Facilities, Donations, Sponsorships, and Capital Campaigns by minute action, and amended said policy on July 15, 2025.
The policy process allows facilities to be named at any time the council declares by resolution an application pe riod is open. Applications are available through and submitted to the City Manager’s Office. City Manager’s Office conducts a preliminary review for completeness and consistency with the policy. The applications are then given to the City Council Honors Committee for its review. If Honors Committee recommends moving the application(s) to the council, staff will prepare a report for council approval.
Staff is requesting to employ the Naming Policy to help offset capital investment projects for two city-owned facilities – the Fairfield Center for Creative Arts and the Golf Range Training facility at Paradise Valley golf course.
The Fairfield Center for Creative Arts ( the Center) has been identified as an economic driver within the overall Heart of Fairfield strategic plan for activating Fairfield’s downtown. As is the case with most city-owned facilities, the Center has significant deferred maintenance needs. In addition, the city is revising the operation contract of the Center requiring additional uses of the facility and augmentation of the diversity of entertainment. To rejuvenate the Center, capital investment through naming sponsorship is a sensible step.
In addition, the City has been operating in a financial deficit, limiting investment in the Center.
Therefore, staff are recommending employing the Policy for Naming City Facilities to raise funds to offset improvements. As per Policy, Section C.5. Private ente rprise may be considered when used as a capital campaign, this would be the case with this request – funds raised will be used to make improvements to the Center.
Over the past 12 months, staff have been meeting with Touchstone/Kemper management to develop strategies for increasing revenue streams at both city -owned golf courses. On July 1, 2025, a special meeting was held with the Golf Advisory Board (GAB) to review capital improvement projects with specific attention to improvements that would have a direct return on investment. One of the projects that has been approved by GAB is to install Toptracer at Paradise Golf Course. Toptracer is a ball -tracking system at driving ranges t hat uses cameras to measure a golf shot's flight and distance. It shows metrics like distance, speed, and launch angle on a screen. Users can view their data in real -time for practice or play games like virtual golf or closest-to-the-pin from their bay – similar to “play” offered at Top Golf.
The golf course has significant deferred maintenance needs , and the golf fund has limited resources for capital improvements. One strategy is to employ the city’s Policy for Naming City Facilities to offset the cost o f the initial investment in the technology and range improvement, and to augment the training facility with other amenities such as installing permanent structure to cover the bays. Through this initial investment, it is projected to generate on-going additional revenue, thereby creating a new funding source for addressing other capital improvement projects and deferred maintenance.
FINANCIAL IMPACT
Minimal cost is associated with publicity, advertisement, and solicitation of application for naming the two facilities. Revenue generation to be determined.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
At the November 13, 2025, GAB meeting, the Board unanimously recommended to seek council approval to open Naming Right application process to offset costs associate with Toptracer and other upgrade to the range/training center at Paradise Valley golf course.
ALTERNATIVE ACTION
Staff will proceed with any alternative action as directed by council.
COORDINATED WITH
N/A
STAFF CONTACT
Kristina Kaunzinger, Director of Parks & Recreation
(707) 428-7470
[email protected]
ATTACHMENTS
Attachment 2: Policy for Naming City Facilities
CITY OF FAIRFIELD
RESOLUTION NO. 2026-11
DECLARING APPLICATION PERIOD IS OPEN FOR SOLICITATION OF NAMING RIGHTS FOR TWO
CITY-OWNED FACILITIES - THE FAIRFIELD CENTER FOR CREATIVE ARTS AND THE GOLF RANGE
AT PARADISE VALLEY GOLF COURSE
WHEREAS, on October 1, 2019, the City Council established the Policy for Naming City Facilities, Donations, Sponsorships, and Capital Campaigns by minute action, and amended said policy on July 15, 2025; and
WHEREAS, the policy process allows facilities to be named at any t ime the council declares by resolution an application period is open; and
WHEREAS, City staff is requesting to employ the Naming Policy to help offset capital investment projects for two city-owned facilities – the Fairfield Center for Creative Arts and the Golf Range Training facility at Paradise Valley golf course; and
WHEREAS, as per Policy, Section C.5. Private enterprise may be considered when used as a capital campaign.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The city manager is hereby authorized to do all things necessary to implement this resolution.
PASSED AND ADOPTED this 3rd day of February 2026, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
Adopted on July 15, 2025
City of Fairfield
POLICY FOR NAMING CITY FACILITIES, DONATIONS, SPONSORSHIPS, AND CAPITAL
CAMPAIGNS
POLICY PURPOSE
This Policy establishes the process and criteria for the consideration of requests for naming of City facilities, the process and criteria for the consideration and acceptance of donations, the process and criteria associated with sponsorships, and the establishment of capital campaigns.
POLICY STATEMENT – NAMING OF CITY FACILITIES
It is the policy of the City to provide a process for consideration of the naming of City facilities. As used in this policy and for the purposes of naming, “facility” or “facilities” shall include all City -owned infrastructure such as streets, parks, buildings, or portions of those facilities.
New facilities, additions to existing facilities, or facilities that have been or are to be restored/repaired substantially are eligible for naming.
The City shall review naming rights on all its facilities every ten (10) years.
The type, design, size, font, wording, placement, and other similar components of plaques, monuments, signs, etc. installed or placed at City facilities shall be approved by the City Manager (or designee) and align with the City’s style guide.
Pursuant to Government Code §34092, whenever the name of any street, park, or place is adopted or established by City authority, the City Clerk shall promptly forward a copy of the resolution, order, or other instrument providing for such new name or change of name or house number to the Solano County Board of Supervisors.
Naming Process
The process for naming a public facility will be as follows:
A. Timing of Naming. Facilities may be named at any time that the City Council declares by resolution an application period is open; these periods may be aligned to a capital campaign, the receipt of a donation, the City receiving correspondence of a pending donation, or at any other time at the discretion of the City Council. For specific projects, the Council may approve a prescribed donation amount required for a naming to be approved.
B. Application Submittal. A naming application shall be submitted to the City Manager’s Office. The City Manager’s Office may prescribe the form and necessary components of the application, which may change over time or to best match each particular request.
C. Application Review. The City Manager’s Office shall review the application and determine if it is complete and consistent with this Policy. Applications determined by the City Manager’s Office to be incomplete, without sufficient support, without sufficient justification, or that are otherwise inconsistent with this Policy will be returned to the applicant together with a written explanation for the return. An applicant may submit a new application with each naming application period.
D. Review by City Council. If an application is determined to be complete and consistent with the City Council’s stated goals for a facility naming, the application materials will be given to the City Council Honors Committee for its review . Should the Honors Committee decide the application has its recommendation for City Council approval, staff will prepare a report and City Council will give final approval for City facility naming. All naming decisions shall be at the sole discretion of City Council.
Naming Criteria
Priorities in order of importance to be considered in naming City Facilities shall be as follows:
Adopted on July 15, 2025
A. Historic Names. Names of historic events, groups, organizations, or persons at the local, regional, national, or global level of major significance with special consideration given to Fairfield’s own history.
B. Places and Feature Names.
1. Recognizable area of neighborhood, e.g. “Rolling Hills.” Names that aid in locating a facility are acceptable. If the facility is located on a park or school site the facility need not share the name of the park or school site.
2. Assumed Names. Assumed names should be used only if the area has been known by that assumed name for an extended period of time, e.g. the “Cordelia” area.
3. Theme Names. If a facility is located in an area with a specific theme, due consideration should be given to that theme.
4. Natural Phenomena. Natural phenomena, such as rivers, creeks, and terrain.
5. Horticultural Features. Horticultural features characteristics of a particular area.
6. Combination of the above.
C. Individuals, Groups, or Organizations . The following criteria will be used in evaluating the use of names of persons (whether living or deceased), groups, and organizations.
1. General Criteria. Names of groups, organizations, or persons, having a longstanding affiliation with the City of not less than ten (10) or more years of significant community service, involvement, investment, or contributions beyond the ordinary interest level where efforts have:
a. Enhanced the quality of life and well-being of City residents; b. Contributed to the preservation of the City’s history or culture; c. Made exemplary or meritorious contributions to the City or its residents; and/or d. Contributed to the acquisition, development, or conveyance of land, buildings, structures, or other amenities to the City or community.
2. Groups or Organizations. Facilities may be named after groups or organizations pursuant to the General Criteria.
3. Deceased Persons. To be considered for a naming opportunity, the individual must have been deceased for at least twenty-four (24) months. Such individuals may include:
a. Historic persons.
b. National and/or local heroes. Those who have given outstanding service to humankind or who have worked over and above any ordinary interest level. A resident of Fairfield who has attained local, state, national, or global recognition for work in parks and recreation, public safety, public health, or other public service endeavor, as appropriate to the facility, would be highly acceptable.
c. City facilities may be named for former employees, former City Council members, or former City Council appointees to City Boards or Commissions. d. Only one facility may be named in honor of an individual. City Council has the discretion to grant an exception to this clause.
4. Living Persons. Facilities will not be named after living persons unless associated with a capital campaign or allowed by City Council when accepting naming rights applications. City Council has the discretion to grant an exception to this clause.
5. Private Enterprise. Facilities will not be named after a private enterprise unless associated with a capital campaign or allowed by City Council when accepting naming rights applications.
In addition, the following names should be avoided:
- Cumbersome, corrupted or modified names, profane, discriminatory or derogatory names relating to age, race, religion, creed, national origin, sex, color, marital status, disability, sexual orientation, political affiliation, or similar categories.
- Names that cause confusion due to duplication or that sound too similar to existing named locations within the City or surrounding areas.
- Names of businesses whose business is substantially derived from the sale of tobacco, firearms, pornography, products or services illegal in the state of California, or other products and services considered unsuitable or inappropriate.
Adopted on July 15, 2025
- The re-use of former facility names other than for a reconstruction of the same facility in the same location.
- Names that would result in the over t commercialization of City facilities unless in conjunction with a substantial subsidy of construction and/or improvement costs. - Names that are overly recognized, either within the City or region.
Naming Costs
All costs of plaques, monuments, signs and the like resulting from naming will be borne by the individual, group, or organization requesting the name. The City may require a deposit of funds if the object being named will need sustained and/or significant maintenance during its useful lifespan.
POLICY STATEMENT – DONATIONS
It is the policy of the City to provide a process of consideration of donations. As used in this policy, “donations” refer to certain tangible objects such as benches, trees, cars, or artwork and/or the financial means for the city to acquire, maintain, restore, and/or renovate such objects as well as the maintenance, restoration, and/or renovation of City facilities. There is no expectation of an equal exchange of recognition or benefits commensurate with the value of the donation and there are no naming opportunities associated with the donation, although the City as its sole discretion may wish to recognize the donor or donor’s honoree at a City Council meeting and/or with a commemorative plaque at the location of the donation.
Donation Process
A. Application. A donation application shall be submitted to the City Manager’s Office. The City Manager’s Office may prescribe the form and necessary components of the application, which may change over time or to best match each particular request.
B. Review of Application. The City Manager’s Office shall review the application and determine if it is complete and consistent with this Policy . The City Manager’s Office will coordinate such review with or through another city department or departments ben efitting from the donation. The City Manager’s Office will return applications determined to be incomplete or inconsistent with this Policy together with written explanation. The applicant may resubmit the application at any time up to a total of two times with new or additional information or correct the insufficiencies.
C. Acceptance of Donations. The City Manager’s Office may accept the donation if it is determined to be in compliance with this Policy and as long as the donation also complies with other applicable city or state laws governing gifts and donations. At the City Manager’s discretion, staff may present a recommendation about a particular donation to the City Council to make the final determination to accept or reject a donation. The City reserves the right to reject any offer of donation, if, upon review, acceptance of the donation is determined not to be in the best interest of the City.
Donation Acceptance Criteria
Appropriate City staff will review the acceptability of any donation and determine if the benefits to be derived warrant acceptance of the donation. Criteria for evaluation may include but are no limited to:
- The desirability or need for the donation.
- An analysis of any visual, functional, or land use impact of the donation. - An analysis of the make, model, or proposed use and/or location of the donation. - Consideration of any immediate or initial expenditure required of the City in order to accept the donation.
- The potential and extent of the City’s obligation to maintain the property or item donated, and the City’s available resources to do so now and in the future. - Whether the donation includes sufficient funding for installation and/or maintenance. - The community benefit derived from the donation.
Donations will not be accepted from:
- Companies that substantially derived from the sale of tobacco, firearms, pornography, products or services illegal in the state of California, or other products and services considered unsuitable or inappropriate.
Adopted on July 15, 2025
- Companies that substantially derive their income from the sale of alcohol and/or legal cannabis products when the donation is primarily for programs, events, or similar settings or occasions where the target audience is youth.
- Any entity that will create a conflict of interest with the City. - Any entity that is involved in a lawsuit/litigation with the City or an instrumentality thereof. - Any entity that is engaged in any state of negotiation with the City which might otherwise conflict with the donation process.
Following the Acceptance of Donations
Upon acceptance of donations, the City will assume ownership, control , and maintenance of any donation unless otherwise specified in a written agreement between the City and the donor. The City shall not be obligated to retain, repair, or replace any donated object that is damaged or destroyed for any reason, such as by vandalism, theft, the effects of weather or time, or, in the case of live plants, if they die. The City reserves the right to remove and/or relocate any donated object at any time. However, if a donated object(s) needs to be removed and is in acceptable condition, the City will mak e a reasonable attempt to relocate the object(s), if a need for such object(s) exists at another City facility or, if no City facility is appropriate, the City will make a reasonable attempt to return it. When acknowledging donations, the acknowledgement language and signage shall conform to the relevant portions of the Naming of City Facilities section of this Policy. Additionally, plaques, benches, trees, and other donated objects are not intended to be a place of worship or an official gathering place.
POLICY STATEMENT – SPONSORSHIPS
It is the policy of the City to provide a process for sponsorships . As used in this Policy, “sponsorships” are the financial, service, or in- kind contributions that will increase the City’s ability to deliver services, programs, scholarships, special events, other similar non- tangible elements, equipment, and/or infrastructure that further enhance, promote, and/or support the goals of the City.
The City may offer sponsorship opportunities from time- to-time and may offer a mutually agreeable exchange of benefits with exception that no Naming Rights of Facilities or tangible items covered by capital campaigns may result from sponsorships. With the approval of City Council, sponsorships may result in a named scholarship or program that is designed to last five or more years. For named scholarships or programs lasting fewer than five years, the process below may be followed without City Council approval.
Sponsorship Process
With the approval of the City Manager, City staff may enter into customized, written sponsorship agreements with willing sponsors and provide sponsors with a level of benefit that is commensurate with their contribution. Types of sponsor benefits may include but are not limited to:
- Publicity including the display of a sponsor’s logo through City publications, the website, newsletters, flyers, brochures, and/or media releases.
- Marketing opportunities at the special events or program sites. - Tangible benefits such as event admission or commemorative items such as plaques, a framed picture, or program or event shirts.
- Acknowledgement on printed materials such as event programs or recreation catalogues. - Signage including the possibility of the inclusion of an individual’s name of company name and logo on a fixed site for the period of time detailed in the sponsorship agreement. The following limitations apply to signage.
o Allowed signage and recognition displays details, including type, location, size, design, content and duration of display is at the sole discretion of the City and will be a component of the sponsorship agreement.
o Words or characters likely to interfere with or mislead pedestrian and/or vehicular traffic, i.e. “stop,” “drive,” and “danger” are prohibited.
o Reference or depiction of any obscene act, gesture, or word is prohibited. o Depictions of the use of drugs, tobacco, alcohol, and/or firearms are prohibited. o Decision for signage placement will be performed with input from the relevant program/facility manager.
Sponsorship Criteria
Adopted on July 15, 2025
- The City reserves the right to reject or terminat e sponsorship agreements if, upon review, acceptance or continuance of the sp onsorship is determined not to be in the best interest of the City or if the sponsor violates any terms of the agreement. - Sponsorship agreements will be for a defined period of time. - The City shall not be obligated to continue a program, event, or scholarship beyond the parameters of any written agreement.
- Recognition of a sponsor shall not suggest in any way the endorsement of the sponsor’s goods or services.
- Sponsorships shall not be made conditional based on the City’s performance or actions or the performance of an event, program, etc.
- Individual sponsors will not limit the City’s ability to seek other sponsors unless mutually agreed upon by the City and the sponsor.
- Sponsors are prohibited from unauthorized use of the City’s name or brand. - Sponsorships will not be accepted from:
o Companies that substantially derived from the sale of tobacco, firearms, pornography, products or services illegal in the state of California, or other products and services considered unsuitable or inappropriate.
o Companies that substantially derive their income from the sale of alcohol and/or legal cannabis products when the sponsorship is primarily for programs, events, or similar settings or occasions where the target audience is youth. o Any entity that will create a conflict of interest with the City. o Any entity that is involved in a lawsuit/litigation with the City or an instrumentality thereof. o Any entity that is engaged in any state of negotiation with the City which might otherwise conflict with the donation process.
o Any religious and/or political organization.
POLICY STATEMENT – CAPITAL CAMPAIGNS
It is the policy of the City to provide a process for capital campaigns.
The City may conduct capital campaigns from time-to-time to raise funds for City facilities as defined in the Naming portion of this Policy or for tangible objects with City facilities such as furniture, fixtures, appliances, scoreboards, playground equipment, and the like.
Capital campaigns or portions of capital campaigns that will result in the naming of new ly constructed , renovated, or to be renovated/repaired facilities as defined in the Naming portion of this Policy, portions of facilities newly constructed, renovated, or to be renovated such as definable spaces, rooms, and/or wings of a structure shall follow the Naming portion of this Policy at the conclusion of the capital campaign.
Capital campaigns or portions of capital campaigns that will result in the acquisition of tangible objects for City facilities will be designed and managed at staff level in accordance with all other State laws and City policies. Contributions may be accepted in accordance with all other components of this Policy including, but not limited to, limitations of allowed contributors and recognition of contributors.
The City reserves the right to reject or return funds offered during capital campaigns if, upon review, acceptance of the contribution is determined not to be in the best interest of the City.
Agenda Item No: L.3
AGENDA REPORT
DATE: February 3, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026 -12 HR Authorizing and Adopting Changes to City Manager’s Compensation and Benefits
Authorizing Changes to the Terms and Conditions of City Manager’s Compensation & Benefits to Maintain Alignment with Series 100 Executive Management-Represented Classifications
Funding Source: $9,252; General Fund
Contact: Farbod Pirouzmand (707) 428-7397
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The city manager’s employment agreement includes provisions related to the terms and conditions of compensation and benefits to align with similar benefits received by Series 100 Executive Management-Represented classifications. City council adopted changes to Series 100 compensation and benefits on December 16, 2025. This action is necessary, due to the provisions of the city manager’s employment contract , to ensure continued alignment with Series 100 Executive Management-Represented classifications.
DISCUSSION
On December 16, 2025, city council adopted Resolution No. 2025-260 to approve changes to the Series 100 Executive Management employees’ compensation package. According to the terms outlined in the city manager’s employment contract, his compensation and benefits are to be adjusted in accordance with those received by Series 100 Executive Management employees.
Adjustments to the city manager’s compensation package based on what Series 100 employees receive are described in the following table:
Benefit
Summary of Change
Constructive Receipt Committed to adhere to the outcomes of the upcoming meet and confer process with bargaining units regarding leave cash -out practices and compliance with federal Internal Revenue Service (IRS) rules Off-Salary
Schedule Pay
Issued a one-time 3% cash payment in-lieu of cost-of-living adjustment in alignment with other bargaining units
Personal Leave Reduced annual accrual by 22.42 hours in exchange for a 1.08% adjustment to base wage; e stablished a maximum accrual limit of 300 hours where none existed previously
Sick Leave Established a 500 hour maximum accrual limit where none existed previously and allows for a Health Reimbursement Arrangement for hours over the limit; eliminated payoff upon resignation or termination
The costs for the changes represent fair trade-offs by executive management staff, including the city manager . Specifically, prior year cost of living adjustments (COLA) were not accepted by executive leadership and the one-time cash payment is in lieu of those forgone adjustments. The one-time nature of the payment provides additional compensation that does not increase future liabilities. Additionally, the forfeiture of personal leave hours supplements the base wage adjustment and put in place a leave balance accrual cap that reduces long -term liabilities. This approach maintains alignment with other bargaining unit negotiated agreements without creating a significant impact on the General Fund.
The compensation and benefit adjustments were discussed by city council in a closed session meeting on December 17, 2025, for the city manager’s performance evaluation. Council direction to proceed with this compens ation package was authorized based on a positive performance evaluation.
FINANCIAL IMPACT
The cost for the one-time cash payment is $9,252 in the first year. Ongoing cost estimates for the
1.08% adjustment to base wage in exchange for a reduction in personal leave hours are estimated to cost $1,128 annually. The funding source is primarily General Fund with approximately 30% reimbursed across various funds for indirect support through the cost allocation plan.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The c ouncil may choose not to approve the changes to the terms and conditions of the City Manager’s Compensation and Benefits to maintain alignment with Series 100 Executive Management-Represented classifications and direct staff to amend different terms than stated above.
COORDINATED WITH
City Manager’s Office and Finance Department
STAFF CONTACT
Farbod Pirouzmand, Assistant City Manager/Director of Human Resources (707) 428-7397
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: City Manager’s Contract and City Council Resolution 2022-338
CITY OF FAIRFIELD
RESOLUTION NO. 2026-12
AUTHORIZING CHANGES TO THE TERMS AND CONDITIONS OF CITY MANAGER’S COMPENSATION & BENEFITS TO MAINTAIN ALIGNMENT WITH SERIES 100 EXECUTIVE
MANAGEMENT-REPRESENTED CLASSIFICATIONS
WHEREAS, the city council approved an employment contract with David Gassaway as the City Manager with Resolution 2022-338; and
WHEREAS, the city manager’s contract contains provisions that state the city manager shall receive compensation and benefit adjustments provided to other Series 100 Executive Management employees; and
WHEREAS, the city council approved Resolution 2025 -260 for compensation and benefit adjustments for Series 100 Executive Management employees; and
WHEREAS, the city manager’s contract st ates changes to his salary shall not require an amendment to his contract to be effective and such salary increase shall be set forth in a salary resolution approved by the City Council.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The council hereby approves the following changes to the city manager’s compensation:
Benefit
Summary of Change
Constructive Receipt Committed to adhere to the outcomes of the upcoming meet and confer process with bargaining units regarding leave cash -out practices and compliance with federal Internal Revenue Service (IRS) rules Off-Salary
Schedule Pay
Issued a one-time 3% cash payment in-lieu of cost of living adjustment in alignment with other bargaining units
Personal Leave Reduced annual accrual by 22.42 hours in exchange for a 1.08% adjustment to base wage; established a maximum accrual limit of 300 hours where none existed previously
Sick Leave Established a 500 hour maximum accrual limit where none existed previously and allows for a Health Reimbursement Arrangement for hours over the limit; eliminated payoff upon resignation or termination
Section 2. The council hereby approves any other applicable compensation and benefit changes for the city manager pursuant to Resolution 2025-260.
RES. NO. 2026-12
Section 3. The city manager is hereby authorized and directed to do all things necessary to implement this resolution.
PASSED AND ADOPTED this 3rd day of February 2026, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK
CITY OF FAIRFIELD
RESOLUTION NO. 2022- 338
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE CITY
MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF FAIRFIELD AND DAVID
GASSAWAY AND AMENDING THE SALARY SCHEDULE
WHEREAS, the City Council desires to appoint David Gassaway as city manager; and WHEREAS, David Gassaway desires to accept the appointment as city manager; and WHEREAS, the City and David Gassaway desire to enter into an employment agreement that sets forth the rights and obligations of the parties.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The City Council hereby appoints David Gassaway as city manager, effective December 30, 2022.
Section 2. The council approves the City Manager Employment Agreement between the City of Fairfield and David Gassaway attached to and incorporated into this resolution by reference and amends the salary schedule with the approved salary for the city manager of $285,000.
Section 3. The city attorney and the human resources director are authorized to do all things necessary to implement this contract.
PASSEDAND ADOPTEDthis 20thday of December, 2022, by the following vote:
AYES: COUNCILMEMBERS:
PYone— ABSENT:
RICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO NOES: COUNCILMEMBERS:
COUNCILMEMBERS: Non ,
ABSTAIN: COUNCILMEMBERS: N n
i
MAYOR, V ; C
ATTEST:
Z a- - CITY CLERK
CITY MANAGER EMPLOYMENT AGREEMENT
1. Employment:
This City Manager Employment Agreement (Agreement) is entered into by and between the CITY OF FAIRFIELD ( City) and DAVID GASSAWAY ( Manager) collectively " Parties"). Under this Agreement, the City offers, and Manager accepts, employment as City Manager of the City.
2. Duties:
Manager shall perform those duties and have those responsibilities that are commonly assigned to a city manager of a city in California, and as may be further set forth in the City's Charter or Municipal Code. Manager shall perform such other legally permissible and proper duties and functions consistent with the office of City Manager, as the City Council shall from time to time assign.
3. Devotion to City Business:
Manager' s position is full- time. Manager shall not engage in any business, educational, professional, charitable, or other activities that would conflict or materially interfere with performance of his/her City Manager duties, except as may be specifically authorized by the City Council.
4. Term:
Manager' s employment will commence December 30, 2022, and shall continue until December 30, 2027, or the date of earlier termination in accordance with provisions in this Agreement. On June 30, 2027, and on each succeeding June 30th while this Agreement is in effect, this Agreement shall be automatically extended for one ( 1) additional year unless prior to that date the City Council notifies Manager of its intent not to extend the Agreement for one additional year. City' s election not to extend this Agreement shall not entitle Manager to Severance pursuant to Section 6 of this Agreement.
5. City Council Commitments:
A. Except for the purpose of inquiry, the City Council and its members shall deal with all subordinate City employees, officers, contractors, and consultants solely through the Manager or the Manager' s designee, and neither the City Council nor any member thereof shall give direction to any subordinate of the Manager, either publicly or privately.
B. No member of the City Council will order the appointment or removal of any person to any office or employment under the supervision and control of the Manager.
C. Neither the City Council nor any of its members shall interfere with the execution of the powers and duties of the Manager, as specified in the Municipal Code, this Agreement, or any other lawfully adopted and authorized document.
D. At the Manager' s sole discretion, the City Council should participate in an annual strategic planning meeting that utilizes a professional facilitator from outside the City organization. The City shall pay the cost of the professional facilitator in an amount not to exceed $ 10,000, unless a greater amount is agreed to by the Parties.
The strategic planning meeting shall be at a time and place mutually agreed to by the Parties.
6. Termination of Employment and this Agreement; General Release; Severance:
A. The City may terminate the Manager at any time by following the process defined in Chapter 2, Article II, Section 2. 7 (" Section 2. 7") of the Fairfield Municipal Code. The resolution required under Section 2. 7 shall state if the termination is with or without cause. If City terminates Manager without Cause, as determined by the affirmative votes of a majority of the members of the City Council at a Regular Meeting of the City Council, and if Manager signs, delivers to the City Council, and does not revoke, the General Release Agreement (" Release Agreement") in the form attached hereto as Exhibit A, City shall pay Manager a lump sum benefit equal to six ( 6) months of his/her then Base Salary, and shall provide six ( 6) months of health ( medical, dental, and vision) benefits continuing under the benefit plans in which Manager and his/ her 2
dependents are then enrolled ( the cash payment and continuing benefits, collectively Severance")
B. If City terminates this Agreement ( thereby terminating Manager' s employment) with Cause, as determined by the affirmative votes of a majority of the members of the City Council at a Regular Meeting of the City Council, Manager shall not be entitled to any additional compensation or payment, including Severance, but shall be entitled only to accrued Base Salary and vacation pay, and any other accrued and unused benefit allowances according to their terms (" Accrued Salary and Benefits").
As used in this Agreement, Cause shall only mean any of the following:
1. Conviction of, or plea of guilty or nolo contendre to, any felony crime or misdemeanor crime of moral turpitude,
2. Proven failure of the Manager to observe or perform any of his duties and obligations, if that failure continues for a period of thirty 30) business days from the date of his receipt of notice from the City Council specifying the acts or omissions deemed to amount to that failure:
3. Conviction of any crime involving an "abuse of office or position," as that term is defined in Government Code Section 53243. 4;
4. Repeated failure to carry out a directive or directives of the City Council made by the City Council as a body at a Brown Act - compliant meeting; and
5. Any grossly negligent action or inaction by Manager that materially and adversely: ( a) impedes or disrupts the operations of City or its organizational units, ( b) is detrimental to employees or public safety; or ( c) violates City' s properly - established rules or procedures.
6. Conviction of an infraction or traffic offense, entry of a civil judgment, or any administrative finding against Manager shall not constitute " Cause"
3
C. In no event may Manager be terminated within ninety ( 90) days before or after any municipal election for the selection or recall of one or more of the members of the City Council.
D. If, during the Term Manager dies, Manager' s estate shall receive Accrued Salary and Benefits, but shall not be entitled to any additional compensation or payment, including Severance.
E. In the event Manager is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, or mental incapacity for a period of three consecutive months beyond any provided sick leave, the City may terminate Manager' s employment and this Agreement. Manager is entitled to receive any disability benefits provided to Series 100 employees as eligible.
F. Manager may resign from his employment at any time, upon giving forty- five ( 45) days written notice to the City Council.
7. Compensation and Annual Evaluation:
A. Manager' s initial annual Base Salary shall be Two Hundred Twenty - Five Thousand Dollars and zero cents. ($ 285, 000. 00). Said amount shall be payable in monthly or bi-weekly installments at the same time and in the same manner as other employees of the City are paid. Increases in Manager' s Base Salary may be effective at any time in the sole discretion of the City Council.
B. City, by the City Council, and Manager may set mutually - agreed - upon objectives for each year under this Agreement. The City Council shall evaluate Manager' s performance at least once a year during the months of November or December (" Annual Evaluation"). At the discretion of the Manager, the Parties agree to use a professional facilitator to assist in the conduct of the annual performance evaluation. The City shall pay the cost of the professional facilitator in an amount not to exceed $ 10,000, or greater by mutual agreement, and the Manager shall procure the professional facilitator. Following the completion of the Annual Evaluation, the City Council may, in its sole discretion, grant Manager a Performance Bonus in any amount up to 5% of Manager' s Annual Base Salary, as described in Section 7.A herein. 4
C. Whenever a cost of living adjustment or other non -merit based salary increase is provided to other Series 100 Executive Management employees, the City shall grant a similar cost of living adjustment to the City Manager's Base Salary.
D. Manager's Base Salary increases approved by the City Council from time to time pursuant to this Agreement shall not require an amendment to this Agreement to be effective. Such salary increase shall be set forth in a salary resolution approved by the City Council.
E. If the City reduces the Base Salary or any other financial benefit of the Manager in a percentage that is greater than the average reduction of all Series 100 Executive Managers, such action shall constitute a termination of this Agreement without Cause under Section 6. A. of this Agreement, and Manager shall be entitled to Severance.
8. Deferred Compensation:
As part of Manager's annual compensation, City agrees to provide Manager the same deferred compensation and fringe benefits provided to other Series 100 Executive Management employees.
9. Pension:
City agrees to continue enrollment of Manager as a member of the California Public Employees Retirement System ( PERS) in the PERS plan selected by City in its sole discretion as a Classic Member as that term is defined by the City' s agreement with PERS.
10. Health and Medical Benefits Insurance:
City shall provide Manager with the same health plans ( medical, dental, and vision) which are provided to other Series 100 Executive Management employees, and shall pay that portionof the employeeand dependentrateor premiumas is determined by the City Council for all Series 100 Executive Management employees. 5
11. Life Insurance:
The City agrees to continue providing Manager term life insurance policy in the face amount provided to Manager in his role as Assistant City Manager by the standard carrier selected by the City. Manager shall designate the beneficiaries of the policy.
Manager shall also be entitled to participate in any group life or disability insurance programs approved by the City Council for all employees.
12. Physical Examination:
Each calendar year, City may request Manager undertake an executive physical examination, performed by a qualified physician or medical facility of Manager' s choice, with all expenses paid for by City.
13. Car Allowance:
Manager' s duties require him to be available and to respond to the demands of City business at all times and outside of regular business hours, including weekends.
City shall pay Manager Five Hundred Dollars ($ 500. 00) monthly in compensation for the use and maintenance of his personal vehicle on City business.
14. Equipment:
A. City shall provide Manager a cellular telephone for his use in conducting City business; provided, however, that it is expressly understood that the equipment may be subject to incidental personal use by Manager so long as it does not interfere with the equipment' s primary business use.
B. City shall provide Manager a laptop computer for his use in conducting City business; provided, however, that it is expressly understood that the equipment may be subject to incidental personal use by Manager so long as it does not interfere with the equipment' s primary business use.
15. Business and Professional Expenses and Development:
A. City recognizes that Manager may incur expenses of a non -personal, job - related nature that are reasonably necessary to Manager' s service to City. City agrees to either pay such expenses in advance or to reimburse the expenses, so long as the expenses are incurred and submitted according to City' s normal expense reimbursement procedures or such other procedure as may be designated by the City Council. To be eligible for reimbursement, all expenses must be supported by documentation meeting City's normal requirements and must be submitted within time limits established by City.
B. City agrees to pay the professional dues and subscriptions on behalf of Manager which are necessary for Manager' s continuation or full participation in international, national, regional, state, or local associations and organizations necessary and desirable for Manager' s continued professional participation, growth and advancement, or for the good of the City, in an amount up to Five Thousand Dollars 5,000. 00) per year.
C. City agrees to pay Manager' s travel and subsistence expenses for official travel, meetings, and occasions reasonably necessary to continue Manager' s professional development, and for Manager' s reasonable participation in necessary official and other functions for the City, including, but not limited to, national, regional, state, and local conferences, governmental groups and committees on which Manager serves as a member, and business related trips. Notwithstanding the above, the number of conferences or meetings City will pay for each year, and attendance at out- of- state conferences and meetings, shall be at the discretion of the City Council as set forth in the City' s budget.
D. Annually, Manager shall participate in continuing education that includes but is not limited to organizational management. Such continuing education should come from courses offered from groups such as, but not limited to: the International City Management Association (" ICMA"), The Harvard Kennedy School Senior Executives in Local Government, and other accredited educational institutions. Training and development costs shall be paid for by the City.
7
16. Vacation and Sick Leave:
Manager shall accrue vacation, personal, and sick leave at the rate provided to him under his role as Assistant City Manager and provide Manager all vacation leave benefits provided to Series 100 Executive Management employees.
17. Abuse of Office or Position:
If Manager is convicted of a crime involving an abuse of his office or position, all of the following shall apply: ( a) if Manager is provided with administrative leave pay pending an investigation, Manager shall be required to fully reimburse City such amounts paid; ( b) if City pays for the criminal legal defense of Manager ( which would be in its sole discretion, as it is generally not obligated to pay for a criminal defense), Manager shall be required to fully reimburse City such amounts paid; and ( c) if this Agreement is terminated, any Severance Pay and Severance Benefits related to the termination that Manager may receive from City shall be fully reimbursed to City or shall be void if not yet paid to Manager. For purposes of this Section, abuse of office or position means either: ( d) an abuse of public authority, including waste, fraud, and violation of the law under color of authority; or ( e) a crime against public justice.
18. Enforcement of this Agreement:
The prevailing party in any action brought to enforce this Agreement or to resolve any dispute or controversy arising under its terms and conditions, shall be entitled to payment of his/ her/ its reasonable attorneys' fees and costs.
19. Communications Upon Manager' s Separation:
In the event the City terminates the Manager without cause, or if Manager resigns and terminates this Agreement, the City and the Manager agree that no member of the City Council, the City Management staff, nor the Manager, shall make any written, oral or electronic statement to any member of the public, the press, or any city employee concerning the Manager' s termination except in the form of a joint press release or statement, the content of which is mutually agreeable to the City and the Manager, or as otherwise allowed by law. The joint press release or statement shall not 0
contain any text or information that is disparaging to either party. Either party may verbally repeat the substance of the joint press release or statement in response to any inquiry. Information which is subject to disclosure under the Public Records Act may be repeated by either Party.
20. Indemnification:
Consistent with the California Government Code, City shall defend, hold harmless, and indemnify Manager using legal counsel of City' s choosing, against expense or legal liability for acts or omissions by Manager occurring within the course and scope of Manager' s employment under this Agreement. Legal representation, provided by City for City Manager, shall extend until a final determination of the issues including any and all losses, damages, judgments, interest, settlements, fines, court costs, and the reasonable costs and expenses of legal proceedings, including appeals, and including attorneys' fees, and expert witness fees and all other trial and appellate costs, and other liabilities incurred, imposed upon, or suffered by Manager in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened. In the event there is a conflict of interest between City and Manager such that independent counsel is required for Manager, Manager may engage his/her own legal counsel, in which event City shall indemnify Manager, including direct payment of all such reasonable costs related thereto.
21. Notices:
Any notices to be given hereunder by either party to the other in writing may be effected either by personal delivery, mail, or email. Mailed notices shall be addressed to the parties as set forth below, but each party may change his/ her/ its address by written notice given in accordance with this Section. Notices delivered personally or by email will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated and received as of three ( 3) calendar days following the date of mailing. 9
CITY. City of Fairfield
Attention: Mayor
1000 Webster Street
Fairfield, CA 94533
MANAGER: David Gassaway
Address listed on file with Human Resources]
22. Conflict With City Charter or Municipal Code:
The City personnel ordinances, resolutions, rules and policies shall apply to Manager in the same manner as applied to other management employees, provided, however, in the event of a conflict between the provisions of this Agreement and the California Government Code or the Fairfield Municipal Code, the California Government Code or the Municipal Code shall prevail over this Agreement. Notwithstanding the foregoing, any change made to the Municipal Code, or if a City Charter is adopted that fundamentally changes the City's form of government from the Council/ Manager Form of Government, as that term is defined in California Government Code section 34851 to 34859, to any other form of local government as allowed under the laws and rules established by the State of California, shall constitute termination of this Agreement and Manager shall be subject to severance under Section 6. A.
23. Entire Agreement:
This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the employment of Manager by City, and contains all of the covenants and agreements between the parties with respect to that employment. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by either party, or by anyone acting on behalf of either party, which are not embodied herein, and that no other employment 10
agreement, statement, or promise not contained in this Agreement shall be valid or binding upon either party.
24. Modifications:
Any modifications to this Agreement shall be effective only if in writing and signed by both of the parties hereto.
25. Effect of Waiver:
The failure of either party to insist upon strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
26. Partial Invalidity:
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. more)
11
27. Governinq Law:
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
This Agreement is entered into this 4,VA day of December, 2022.
CITY OF FAIRFIELD
By: hLActin Mayor Rick Vaccaro
Attest:
City Clerk , 9epu+
12 David Gassaway,
Approved as to Form:
City Attorney
GENERAL RELEASE AGREEMENT
This General Release Agreement (" Release Agreement") is entered into by and between (" Manager") and CITY OF
City"), in light of the following facts:
A. Manager' s employment with City concluded on
B. Certain disputes have arisen between City and Manager.
C. City and Manager each deny any liability whatsoever to the other.
D. City and Manager wish to fully and finally resolve any and all disputes they may have with each other.
E. Manager is hereby informed that he/she has twenty- one ( 21) days from receipt of this Agreement to consider it. City hereby advises Manager to consult with his/her legal counsel before signing this Agreement.
F. Manager acknowledges that for a period of seven ( 7) days following the signing of this Agreement (" Revocation Period"), he/she may revoke the Agreement.
This Agreement shall not become effective or enforceable until the day the Revocation Period has expired.
G. Manager acknowledges that the Salary Payment referenced in paragraph 1 of this Agreement represents all compensation, including salary, accrued benefit balances and reimbursed expenses, due and payable to him/ her through the date of employment termination. Manager also acknowledges that City has made this Salary Payment without regard to whether he/ she signs this Agreement. The Salary Payment does not constitute consideration for this Agreement.
1. Receipt of Salary Payment. Manager hereby acknowledges receipt of a check or checks for all compensation owing to him/ her, including salary, accrued benefit balances and reimbursed expenses (" Salary Payment") from City.
2. Severance. Within five ( 5) days following Manager' s signing, delivering to the City, and not revoking this Agreement, City shall pay Manager the gross amount provided for in Section 6.A. of the attached Employment Agreement, less applicable deductions, and shall provide the months of medical benefits as provided in that same Section 6. A. Manager acknowledges that the Severance is in excess of all amounts due and owing him as a result of his employment by City.
EXHIBIT A — Page 1
3. General Release. In consideration of the Severance to be paid and provided to Manager, and other good and valuable consideration, Manager hereby releases and discharges City and its past and present City Council Members, employees, representatives and agents, from all rights, claims, causes of action, and damages, both known and unknown, in law or in equity, concerning and/ or arising out of his/her employment by City which he/she now has, or ever had, including but not limited to any rights, claims, causes of action or damages arising under Title VII of the Civil Rights Act of 1964, the Vocational Rehabilitation Act of 1973, the Employee Retirement Income Security Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefits Protection Act, the Family and Medical Leave Act of 1993, the Domestic Partners Act of 2003, the California Labor Code, the Private Attorneys General Act of 2004, the California Moore - Brown -Roberti Family Rights Act, the California Unruh Civil Rights Act, the California Fair Employment and Housing Act, any other federal, state, or local employment practice legislation, or any federal or state common law, including wrongful discharge, breach of express or implied contract, or breach of public policy.
Manager hereby waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of California. Manager understands and acknowledges the significance and consequences of this specific waiver of Section 1542. Section 1542 of the Civil Code of California states as follows:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
Notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of City and its past and present City Council Members, employees, representatives and agents, Manager expressly acknowledges that this General Release is intended to include in its effect, without limitation, all claims which he/ she does not know or suspect to exist in his/ her favor.
Manager further acknowledges that he/ she has read this General Release and that he/she understands that this is a general release, and that he/she intends to be legally bound by the same.
EXHIBIT A — Page 2
4. Fees and Costs. Manager and City agree that in the event of litigation relating to this Release Agreement, the prevailing party shall be entitled to recover his/ her/ its reasonable attorneys' fees and costs.
Dated , 20 CITY OF
Dated: , 20
APPROVED AS TO FORM:
By:
Date:
ATTEST:
By:
City Clerk
Date:
23 MANAGER
EXHIBIT A — Page 3
Agenda Item No: M.1
AGENDA REPORT
DATE: February 3, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Ordinance 2026 -02 PW Amending Section 16.4.1 of Chapter 16 to Remove the Prohibition on Micro-Trenching and Conduct a Public Hearing
Amending Section 16.4.1 of the Municipal Code Regarding Street and Sidewalk to Remove the Prohibition on Micro -Trenching and Finding the Adoption of the Ordinance to Be Exempt from Review under the California Environmental Quality Act
Funding Source: N/A
Contact: Thomas Martian, (707) 249-1224
RECOMMENDED ACTION
Hold public hearing; waive full reading, read by title only and introduce ordinance for first reading.
STATEMENT OF ISSUE
The proposed ordinance includes amendments to Section 16.4.1 of Chapter 16 Streets and Sidewalks, Article I Encroachments (Chapter 16) of the City of Fairfield Municipal Code (Municipal Code) to address inconsistencies with the current state practices.
DISCUSSION
The Municipal Code was first adopted in 1960 and is periodically review ed and update d to address emerging issues, clarify language, and ensure compliance with State law. Currently, Section 16.4.1 of the Municipal Code prohibits micro-trenching as a method of trench excavation.
However, California Government Code Section 65964.5 allows trenching as an acceptable alternative for the installation of conduits. As a result, the existing Municipal Code provision conflicts with State law.
The proposed ordinance amends the Municipal Code by removing the prohibition on micro- trenching, thereby aligning local regulations with State requirements.
The ordinance requires two readings presented to the City Council before final adoption. The second reading will be presented at the February 17 council meeting.
FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
A public hearing notice was published in the Daily Republic and posted on the City’s Public Works webpage on January 14, 2026.
ALTERNATIVE ACTION
The council may choose to do any of the f ollowing: either approve the proposed ordinance amendment, as recommended ; or direct staff to revise the proposed amendment for future review; or deny the proposed amendment. Rejecting the proposed amendment would maintain the status quo, including the existing conflict with the State law.
COORDINATED WITH
City Attorney’s Office and Information Technology Department
STAFF CONTACT
Thomas Martian, Project Manager
(707) 249-1224
[email protected]
ATTACHMENTS
Attachment 2: Proposed Ordinance
CITY OF FAIRFIELD
ORDINANCE NO. 2026-02
AMENDING SECTION 16.4.1 OF THE MUNICIPAL CODE REGARDING STREET AND
SIDEWALK TO REMOVE THE PROHIBITION ON MICRO-TRENCHING AND FINDING THE
ADOPTION OF THE ORDINANCE TO BE EXEMPT FROM REVIEW UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, California Government Code Section 65964.5(b)(1) establishes that “[t]he local agency with jurisdiction to approve excavations shall allow micro -trenching for the installation of underground fiber if the installation in the micro -trench is limited to fiber, unless the local agency makes a written finding that allowing micro -trenching for a fiber installation would have a specific, adverse impact on the public health or safety[;]” and
WHEREAS, California Government Code Section 65964.5(b)(3) establishes that “[t]o the extent necessary, a local agency with jurisdiction to approve excavations shall adopt or amend existing policies, ordinances, codes, or construction rules to allow for micro - trenching pursuant to this subdivision.”
THE CITY COUNCIL OF THE CITY OF FAIRFIELD HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings. The City Council hereby makes the following findings:
A. The facts set forth in the Recitals of this Ordinance are true and correct.
B. This Ordinance complies with California state law, including California Government Code Section 65964.5, which requires local agencies to allow micro - trenching for fiber installation unless specific adverse impacts on public health or safety or identified.
C. Micro-trenching for fiber installation will not have a specific, adverse impact on public health or safety when conducted in accordance with applicable standards and permit requirements.
SECTION 2. Amendment. Section 16.4.1 of Chapter 16 (Streets and Sidewalks), Article I (Encroachments) of the Fairfield Municipal Code is hereby amended by striking in its entirety the following:
“Trench. A form of excavation to install underground infrastructure or utilities such as fiber optic cables, gas or water mains, or electric lines. Such excavation is different from micro-trenching in that different equipment is used, the resulting opening in the ground is wider and deeper, and greater site preparation, clean-up and restoration activities are required. Micro-trenching shall not be allowed.”
ORD. NO. 2026-02
In its place shall be inserted the following:
“Trench. A form of excavation to install underground infrastructure or utilities such as fiber optic cables, gas or water mains, or electric lines. Micro-trenching is permitted in accordance with applicable standards.”
SECTION 3 . CEQA Exemption. Pursuant to the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, the City Council in their own independent judgment has reviewed the whole record and has determined that Ordinance No. 2026 - 02 is exempt from further environmental analysis pursuant to CEQA Guidelines Section 15061(b)(3). Under this Section, “CEQA only applies to projects which have th e potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” This code amendment removes the prohibition on micro-trenching, consistent with California state law, and does not involve consideration of a specific micro-trenching project that would result in a physical change to the environment. Each individual micro -trenching project will require a separate permit application and will be subject to environmental review as applicable at the time of application.
SECTION 4. Severability. If any provision of this Ordinance or its application is deemed invalid by a court of compe tent jurisdiction, the City Council intends that such invalidity will not affect the validity of the remaining provisions or their application and, to this end, the provision of this Ordinance is severable.
SECTION 5. Interpretation. The City Manager, or his authorized representative shall have the power to do all things necessary to enforce the provisions of this Ordinance as is reasonably necessary to effectuate the purpose of this Ordinance.
SECTION 6. Effective Date. This Ordinance shall be effective 30 days following its adoption by the City Council. Within 15 days after passage, a summary of this Ordinance shall be published in accordance with California Government Code Section 36933, together with the names of the City Councilmembers voting for and against it.
ORD. NO. 2026-02
INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 3rd day of February 2026, and
PASSED AND ADOPTED this _____ day of February 2026, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
___________________________
CITY CLERK