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Agenda packet

Vallejo City Council
March 8, 2022

Document
Agenda packet
Meeting
March 8, 2022
Body
Vallejo City Council
Pages
7
Original file
194.0 MB
Text extracted from the city's file for reading and search. Open the original on vallejoca.api.civicclerk.com. That file is the official record.

SITE INFORMATION
Site Location Map

Police Station Feasibility Study – John F. Kennedy Library, 505 Santa Clara Street, Vallejo, CA ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 7/18/19 Page 53 of 55
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Vicinity Map
Police Station Feasibility Study – John F. Kennedy Library, 505 Santa Clara Street, Vallejo, CA ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 7/18/19 Page 54 of 55
Zoning Map
Police Station Feasibility Study – John F. Kennedy Library, 505 Santa Clara Street, Vallejo, CA ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 7/18/19 Page 55 of 55
Flood Zone Map
July 2019
1 RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE

CALIFORNIA INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK (“IBANK”) FOR FINANCING A CAPITAL IMPROVEMENT PROJECT,

AUTHORIZING THE INCURRING OF AN OBLIGATION PAYABLE TO IBANK

FOR THE FINANCING OF A CAPITAL IMPROVEMENT PROJECT IF IBANK

APPROVES SAID APPLICATION, DECLARATION OF OFFICIAL INTENT TO

REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF AN

OBLIGATION, AND APPROVING CERTAIN OTHER MATTERS IN

CONNECTION THEREWITH
WHEREAS, the California Infrastructure and Economic Development Bank (“IBank”) administers a financing program to assist local governments with the financing of eligible projects in accordance with Section 63000 et seq. of the California Government Code (the “Act”); and
WHEREAS, IBank created the Infrastructure State Revolving Fund Program (“ISRF Program”) pursuant to the provision of the Act; and
WHEREAS, IBank has instituted an application process for financing under its ISRF Program; and
WHEREAS, IBank’s Criteria, Priorities and Guidelines for the Selection of Projects for Financing under the ISRF Program, dated February 23, 2016, and as may thereafter be amended from time to time (the “Criteria”), establishes requirements for the financing of projects under the ISRF Program; and
WHEREAS, the City of Vallejo (“Applicant”) desires to submit an application (“Financing Application”) to IBank under the ISRF Program for financing and refinancing the costs of the design and construction of a police headquarters facility (“Project”) in an amount not to exceed $30,000,000; and
WHEREAS, the Act and the Criteria require the Applicant to make, by resolution of its governing body, certain findings prior to a project being selected for financing by IBank; and
WHEREAS, the Applicant expects to incur or pay certain expenditures in connection with the Project from its General Fund that are reimbursable with the proceeds of tax exempt bonds or other tax exempt securities under Federal Tax Law (defined below) prior to incurring indebtedness for the purpose of financing costs associated with the Project on a long-term basis (the “Reimbursement Expenditures”); and 2 WHEREAS, the Applicant reasonably expects that a financing arrangement (“Obligation”) in an amount not expected to exceed $30,000,000 will be entered into under and memorialized by one or more financing agreements and related documents (collectively, the “Financing Agreement”) and that certain proceeds of such Obligation will be used to reimburse the Applicant for Reimbursement Expenditures incurred or paid prior to incurring the Obligation; and
WHEREAS, the Applicant acknowledges that IBank funds the ISRF Program, in part, with the proceeds of tax exempt bonds and, as such, has certain compliance obligations that may require it to have the Applicant enter into one or more new financing agreements to replace the Financing Agreement (collectively, the “Replacement Agreement”) on terms and conditions substantially identical to the original Financing Agreement.

NOW, THEREFORE, be it resolved by the City of Vallejo as follows:

Section 1. The City Council of the City of Vallejo (“the City Council”) hereby approves confirms, ratifies, and affirms all actions of the Applicant’s representatives, employees and officers heretofore taken in connection with, or with respect to, submitting the Financing Application, and the consideration and approval of the Obligation and the Financing Agreement, if IBank approves the Financing Application and the Obligation, and in connection therewith the City Council finds and certifies:
a. The Project facilitates the effective and efficient use of existing and future public resources so as to promote both economic development and conservation of natural resources;
b. The Project develops and enhances public infrastructure in a manner that will attract, create, and sustain long-term employment opportunities; c. That the Project is consistent with the General Plan of the City of Vallejo, and the General Plan of the County of Solano;
d. The proposed financing is appropriate for the Project; e. The Project is consistent with the Criteria; and
f. It has considered (i) the impact of the Project on California’s land resources and the need to preserve such resources; (ii) whether the Project is economically or socially desirable; and (iii) whether the project is consistent with, and in furtherance of the State Environmental Goals and Policy Report (as defined in the Criteria).

Section 2. The Applicant hereby declares its official intent to use proceeds of the Obligation to reimburse itself for the Reimbursement Expenditures with the proceeds of tax exempt bonds or other tax exempt securities issued under the provisions of the Internal Revenue Code of 1986, as amended, and those Treasury Regulations implementing such provisions (collectively, “Federal Tax Law”). This declaration is made solely for purposes of establishing compliance with applicable requirements of Federal Tax Law and its date is controlling for purposes of reimbursement under Federal Tax Law. This declaration does not bind the Applicant to make any expenditure, incur any indebtedness, or proceed with the Project.
3 Section 3. All of the Reimbursement Expenditures were made no earlier than 60 days prior to the date of this Resolution. The Applicant will allocate proceeds of the Obligation to pay Reimbursement Expenditures within eighteen (18) months of the later of the date the original expenditure was paid or the date the Project was placed in service or abandoned, but in no event more than three (3) years after the original expenditure was paid.

Section 4. The City Manager, and his or her designees are hereby authorized and directed to act on behalf of the Applicant in all matters pertaining to the Financing Application, and if IBank approves the Financing Application and the Obligation, the execution of related financial documents, including but not limited to, the authority to make payments from general fund revenues and other legally available sources of funds for the repayment of the Obligation and to provide covenants relating to the Obligation and as to any security or collateral securing the Obligation.

Section 5. If the Financing Application and the Obligation is approved by IBank, the City Manager, and his or her designee is authorized to negotiate, enter into and sign financing documents and any amendments thereto, including, but not limited to the Financing Agreement and the Replacement Agreement, with IBank for the purposes of financing the Obligation.

Section 6. This Resolution shall become effective immediately upon adoption. * * * *
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the City Council of the City of Vallejo in a regular meeting assembled on the 22 day of February 2022, by the following vote:

AYES
NOES:

ABSENT:

ABSTENTIONS:

IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this 22 day of February 2022.
_________________________
Dawn Abrahamson, City Clerk
City of Vallejo
ACTION ITEM 9.C.

DATE: March 8, 2022
TO: Mayor and Members of the City Council
FROM: Dawn G. Abrahamson, City Clerk
SUBJECT: ADOPT A RESOLUTION MAKING APPOINTMENTS TO THE SURVEILLANCE

ADVISORY BOARD

RECOMMENDATION
Adopt a resolution making the following appointments to the Surveillance Advisory Board:

1. Mayor McConnell - appointment at-large

2. Vice Mayor Verder-Aliga - District 1 appointment

3. Councilmember Loera-Diaz, District 3 appointment

4. Councilmember Arriola - District 6 appointment

5. Councilmember Brown - at-large appointment

6. Councilmember Dew - at-large appointment

7. Councilmember Miessner - at-large appointment

REASONS FOR RECOMMENDATION
On September 28, 2021, the City Council adopted an ordinance creating a Surveillance Advisory Board (SAB). At its meeting on November 11, 2021, the City Council repealed Chapter 2.27 of the Vallejo Municipal Code establishing a Surveillance Advisory Board and replaced it in its entirety. The ordinance (Ordinance No. 1859 N.C. (2d)) was adopted at the Council's regular meeting on December 17, 2021 and became effective January 6, 2022.

The Board shall consist of a total of 7 members and membership shall consist of one resident of Vallejo appointed by each sitting member of the Vallejo City Council and one resident appointed by the Mayor. Interviews were conducted at Special City Council meetings held on February 28 and March 1. 25 applicants attended and participated in the interviews. According to the City Council's procedure for selecting and appointing board or commission members, appointments shall be made at the next regular meeting following the conclusion of the special meetings, which is March 8, 2022.

BACKGROUND AND DISCUSSION
On January 19, 2022, the City Clerk issued a press release announcing the opening of the application period for the SAB, a newly created Board that the City Council initially approved on September 28, 2021.The notice was posted on the City's various social media platforms. Due to a limited number of applications received in the City Clerk's Office the day prior to the filing deadline, particularly applicants for Districts 1, 2 and 6, the application period was extended to February 25, 2022. A sufficient number of applications were received by the extended filing deadline of February 25, 2022.

Applicant interviews were conducted in accordance with VMC Section 2.27.040 (h) at special meetings held on February 28 and March 1, 2022. The special meeting agendas were noticed and published at least 72 hours in advance of each special meeting date. Most of the applicants attended and participated in the Date: March 8, 2022
Subject: ADOPT A RESOLUTION MAKING APPOINTMENTS TO THE SURVEILLANCE

ADVISORY BOARD

Page 2 ends

interview process and are presented to the City Council for its consideration.

Copies of applications received have been provided to the Mayor and Council and were included as part of the agenda packets for the February 28 and March 1 special Council meetings. Copies are also available for review in the Office of the City Clerk.

Surveillance Advisory Board
Chapter 2.27 of the Vallejo Municipal Code provides for a SAB. The purpose of the SAB will be to advise the City and City Council on best practices to protect the safety, privacy, and civil rights of Vallejo residents in connection with the purchase, borrowing, and/or use by City Departments of Surveillance Technology. In addition, the Board will conduct meetings to gather public input concerning the use of surveillance technology by the City of Vallejo and seek advice and testimony from experts in the field, allowing board members to make informed recommendations to the City Council and staff.

Surveillance technology is defined as technology used for observation for law enforcement purposes, of places, persons, or things by visual, aural, electronic, photographic, or other means.

These can include but are not limited to, devices such as:
 International Mobile Subscriber Identify (MSI) Catchers and other cell-site simulators;  Drones;
 Automatic license plate readers (ALPRs);
 Toll readers;
 Closed-circuit television cameras;
 Gunshot detection hardware and software
 DNA capture technology;
 Audio and video recording devices, such as body-worn, wide-angle and surveillance cameras;  Biometric software that can capture and recognize faces, voices, and irises;  Radio-frequency I.D. (RFID) scanners;
 and x-ray vans.

The SAB will consist of seven members. The membership shall consist of one resident of Vallejo appointed by each sitting member of the City Council and one resident appointed by the Mayor. Members appointed by a sitting member of the City Council shall be residents of the City of Vallejo and of the appointing Councilmember's district. At large councilmembers may appoint a member from any City Council district. The member appointed by the Mayor may reside anywhere within the City. A proposed member may not serve concurrently on the Board and the Chief's Advisory Board (CAB).

The term for each member shall run concurrently with the term of the appointing councilmember or Mayor notwithstanding the date of appointment. Initial members shall serve on the Board only until the expiration of the term of the appointing elected official and thereafter may again be appointed at the discretion of the appointing elected official. No member shall serve more than 8 consecutive years. Former members serving 8 consecutive years may be appointed again after a break in service of 2 years.

As this is a new Board, 7 vacancies currently exist. 25 applicants attended and participated in the interviews with the City Council held on February 28 and March 1 and are presented to the Council for its consideration. The appointment process by each individual councilmember and Mayor with term of office are as follows:

Date: March 8, 2022
Subject: ADOPT A RESOLUTION MAKING APPOINTMENTS TO THE SURVEILLANCE

ADVISORY BOARD

Page 3 ends

 Mayor McConnell: at-large appointment for a term to expire 1/2/25  Vice Mayor Verder-Aliga: District 1 appointment for a term to expire 1/2/25  Councilmember Loera-Diaz: District 3 appointment for a term to expire 1/2/25  Councilmember Arriola: District 6 appointment for a term to expire 1/2/25  Councilmember Brown: at-large appointment for a term to expire 1/3/23  Councilmember Dew: at-large appointment for a term to expire 1/3/23  Councilmember Miessner: at-large appointment for a term to expire 1/3/23

FISCAL IMPACT
There is no fiscal impact associated with making appointments to standing boards and commissions.

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.

ATTACHMENTS

1. Eligible SAB Applicant List_030122

2. Resolution Making Appointments to SAB_030822 CAO STAMP

3. 1859 Repealing Chapter 2.27 Surveillance Advisory Board.docx

CONTACT
Dawn G. Abrahamson, City Clerk (707) 648-4528
[email protected]
March 2022 Surveillance Advisory Board (SAB) Eligible Applicants Applicant Name District Notes
Michael McMillan 1 (Hiddenbrooke/Northgate)
Kurt Leier 1 (Hiddenbrooke/Northgate)
Sabrina Enriquez 2 (North Vallejo/Mini)
Phillip Thomas 3 (Glen Cove)
Naomi Yun 3 (Glen Cove)
Andrea Source 3 (Glen Cove)
Phillip Balbuena 3 (Glen Cove)
Harrison Ransom 3 (Glen Cove)
John Kenney 3 (Glen Cove)
David Haldane 4 (Mare Island/North
Waterfront)
Lisa Chen 4 (Mare Island/North
Waterfront)
Laura Likover 4 (Mare Island/North
Waterfront)
Andrea Germaine 4 (Mare Island/North
Waterfront)
Tara Beasley Stansberry 5 (Central Vallejo) Current member of HCDC.

Robert Mangosing 5 (Central Vallejo)
Adam Bregenzer 5 (Central Vallejo)
Dwight Monroe 5 (Central Vallejo)
Timothy Brice 5 (Central Vallejo)
Asia Fisher 5 (Central Vallejo)
Sean MacCracken 5 (Central Vallejo)
Joey Carrizales 5 (Central Vallejo)
Peter Van Der Pas 5 (Central Vallejo)
Demetra Stall Nash 5 (Central Vallejo)
George Roth 6 (South Vallejo)
Brooke Redelle 6 (South Vallejo)
Recap:

District 1 2
District 2 1
District 3 6
District 4 4
District 5 10
District 6 2
Total eligible applicants as of 3/1/22 25
Councilmembers
 Mayor at large
 Verder-Aliga District 1
 Arriola District 6
 Brown at large (resides in District 5)
 Dew at large (resides in District 1)
 Loera-Diaz District 3
 Miessner at large (resides in District 4)
Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 22- N.C.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO MAKING

APPOINTMENTS TO THE SURVEILLANCE ADVISORY BOARD
WHEREAS, Chapter 2.27 of the Vallejo Municipal Code establishes a Surveillance Advisory Board to provide advice to the City Council, City Manager and City Departments about the acquisition, deployment and use of Surveillance Technology by the City and within the City of Vallejo; and
WHEREAS, the Surveillance Advisory Board shall consist of seven members with membership consisting of one resident of Vallejo appointed by each sitting member of the Vallejo City Council and one resident appointed by the Mayor; and WHEREAS, members appointed by a sitting member of the Vallejo City Council shall be residents of the City of Vallejo and of the appointing Councilmember’s district; and WHEREAS, at large Councilmembers may appoint a member from any City Council district and the member appointed by the Mayor may reside anywhere within the City; and WHEREAS, the term for each Member shall run concurrently with the term of the appointing Councilmember or Mayor notwithstanding the date of appointment and initial members shall serve on the Board only until the expiration of the term of the appointing elected official and thereafter may again be appointed at the discretion of the appointing elected official; and WHEREAS, there currently exists seven vacancies on the Surveillance Advisory Board; and WHEREAS, the City Council reviewed applications and conducted interviews.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS:

The following at-large person is appointed to the SAB by Mayor McConnell (term to expire 1/2/25

1. The following District 1 person is appointed to the SAB by Vice Mayor Verder-Aliga (term to expire 1/2/25

1. The following District 3 person is appointed to the SAB by Councilmember Loera-Diaz (term to expire 1/2/25)

1. The following District 6 person is appointed to the SAB by Councilmember Arriola (term to expire 1/2/25)

1. The following at-large person is appointed to the SAB by Councilmember Brown (term to expire 1/3/23)

1. The following at-large person is appointed to the SAB by Councilmember Dew (term to expire 1/3/23)

1. The following at-large person is appointed to the SAB by Councilmember Miessner (term to expire 1/3/23)

1. Adopted by the City Council of the City of Vallejo at a regular meeting held on March 8, 2022 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
_________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
ORDINANCE NO. 1859 N.C. (2d)
REPEALING CHAPTER 2.27 OF THE VALLEJO MUNICIPAL CODE ESTABLISHING A

SURVEILLANCE ADVISORY BOARD, PROVIDING FOR THE APPOINTMENT OF MEMBERS

THEREOF, AND DEFINING THE DUTIES AND FUNCTIONS OF SAID BOARD ADOPTED ON SEPTEMBER 28, 2021 AND REPLACING IT IN ITS ENTIRETY.

SECTION 1. FINDINGS
WHEREAS, the City Council previously adopted an Ordinance of the City Council of the City of Vallejo Adding Chapter 2.27 of the Vallejo Municipal Code Establishing a Surveillance Advisory Board at its September 28, 2021 regular meeting; and
WHEREAS, the City Council desires to repeal the previous ordinance and replace it entirely with a new ordinance.

SECTION 2. CREATION OF BOARD
NOW, THEREFORE, IT IS HEREBY ORDAINED by the City Council of the City of Vallejo that Chapter 2.27 adopted by the City Council by ordinance on September 28, 2021 is hereby repealed and replaced in its entirety to read as follows:

2.27.010 – CREATION AND NAME
Pursuant to Charter Section 403, there is hereby created an advisory board to be called the Surveillance Advisory Board to provide advice to the City Council, City Manager and City Departments about the acquisition, deployment and use of Surveillance Technology within the City of Vallejo.

2.27.020 – DEFINITIONS
For purposes of this Chapter 2.27, the capitalized terms below are defined as follows:
(a) “Board” or “Advisory Board” shall mean the Surveillance Advisory Board of the City of Vallejo
(b) “City” shall mean the City of Vallejo, California.
(c) “City Council” shall mean the City Council of the City. (d) “City Staff Liaison” shall mean the City staff member assigned by the City Manager to support the Board.
(e) “Surveillance Technology” shall mean the systematic observation, for law enforcement purposes, of places, persons or things by visual, aural, electronic, photographic, or other means including, but not limited to, the following:

1. International Mobile Subscriber Identity (IMSI) Catchers and other cell site simulators;
DocuSign Envelope ID: 14F61DC7-8BD3-4FC1-A84E-1347D5DD3C34

2. Unmanned aerial vehicles (drones);

3. Automatic license plate readers;

4. Electronic toll readers;

5. Closed circuit television cameras;

6. Gunshot detection hardware and services;

7. Video and audio monitoring and/or recording technology such as surveillance cameras, wide-angle cameras and wearable body cameras;

8. DNA capture technology;

9. Biometric software including facial, voice, iris and gait recognition software and databases;

10. Software designed to monitor social media;

11. X-ray vans;

12. Software designed to forecast criminal activity or criminality;

13. Radio-frequency I.D. (RFID) scanners; and tools, including software and hardware, used to gain unauthorized access to a computer, computer service, or computer network.

2.27.030 - DUTIES AND FUNCTIONS
The duties and function of the Board shall be:
(a) To advise the City and City Council on best practices to protect the safety, privacy, and civil rights of Vallejo residents in connection with the acquisition, borrowing, and/or use by City Departments of Surveillance Technology that collects, analyzes, processes or stores information about Vallejo residents.
(b) To conduct meetings pursuant to this Chapter 2.27 and Chapter 2.26 of the Vallejo Municipal Code in order to collect public input concerning the use of surveillance technology by the City of Vallejo, and to seek advice and testimony from experts, subject to appropriation by the City Council to pay such experts. Nothing herein shall prevent any such expert from providing advice and participating in discussion with the Board at no cost to the City.
(c) To submit recommendations, findings, and reports to City staff and to the City Council regarding the acquisition, deployment and policy relating to use of Surveillance Technology. Such recommendations include but are not limited to recommendations concerning reasonable alternatives to Surveillance Technology for the benefit of the health and safety of Vallejo residents; and recommendations regarding whether a City DocuSign Envelope ID: 14F61DC7-8BD3-4FC1-A84E-1347D5DD3C34 Department should acquire, borrow, or use a particular Surveillance Technology. All such recommendations, findings and reports shall be in writing and shall be directed to the City Department requesting use of the Surveillance Technology with copies to the City Council, City Manager and City Attorney.
(d) To review and respond to requests for review by the City Council, City Manager and City Departments related to any proposals or agreements to acquire, borrow, or adopt policies related to use of Surveillance Technology. Such requests shall be submitted to the Board by City Staff at least 45 days prior to seeking approval for or finalizing the decision to acquire, borrow or adopt a policy relating to the use of Surveillance Technology. The Board shall provide advice and/or recommendations concerning the proposed Surveillance Technology no later than 45 days after submission by a City Department. If the Board fails to provide advice and or recommendations within 45 days of submission to it by a City Department, the City Department may proceed with the acquisition, borrowing or use of the Surveillance Technology without further input from the Board. Notwithstanding the foregoing, the Board, may provide recommendations and advice at any time concerning the use of any existing Surveillance Technology owned or operated by the City.
(e) Notwithstanding anything to the contrary herein, in the event of an emergency involving the immediate preservation of life or impending death of any person or persons that requires the use of technology not already in the possession of the City, the City may acquire or borrow said technology without a review by the Board, but shall provide a report to the Board as soon as practicable, but in no event exceeding 30 days, on the emergency use of said Surveillance Technology. In addition, the acquisition or borrowing of additional or replacement Surveillance Technology, previously approved, shall not require recommendation action by the Board except when said technology includes significantly increased or differing capabilities or features than the equipment that was previously approved. (f) To draft and recommend for City Council consideration, with the advice and consent of the City Attorney, model legislation on matters relevant to Surveillance Technology. (g) To request, receive, and analyze information about any City Department’s acquisition, borrowing, or adoption of policies relating to the use of Surveillance Technology. The Board shall have the authority to request non-privileged information about Surveillance Technology from all City Departments. City Departments shall respond timely to information requests from the Board. For purposes of this chapter, “non-privileged information” shall mean any information that is not subject to the attorney/client or attorney work product privileges as defined by state or federal law, personnel information about City employees that is exempt from disclosure pursuant to state or federal law, personal information about any City employee, information concerning any ongoing litigation involving the City or any of its employees and any other information that the City Attorney determines is either privileged or exempt from disclosure pursuant to any applicable state or federal law.

DocuSign Envelope ID: 14F61DC7-8BD3-4FC1-A84E-1347D5DD3C34

2.27.040 -- MEMBERSHIP AND QUORUM
(a) The Board shall consist of a total of seven (7) members. The membership shall consist of one resident of Vallejo appointed by each sitting member of the Vallejo City Council and one resident appointed by the Mayor. Members appointed by a sitting member of the Vallejo City Council shall be residents of the City of Vallejo and of the appointing Councilmember’s district. At large Council Members may appoint a member from any City Council district. The member appointed by the Mayor may reside anywhere within the City. A proposed member may not serve on both the Board and the Chief’s Advisory Board (CAB).
(b) Each Advisory Board member shall serve as a volunteer without pay. (c) All members of the Advisory Board shall be persons who have an interest in privacy and civil rights as demonstrated by work experience, civic participation, and/or political advocacy. No member may be an employee of any City department or an immediate family member of any City department employee, a member of any other City advisory body or any other City commission or appellate body, or otherwise a government official. Further, no member shall be or have been an employee of any local, state or federal law enforcement agency.
(d) No member may have a financial interest, employment, or policy-making position in any commercial or for-profit facility, research center, or other organization with a commercial interest in Surveillance Technology or that profits from decisions made by the Advisory Board.
(e) Four members of the Board shall constitute a quorum. (f) No member shall serve more than eight (8) consecutive years. Former members serving eight consecutive years may be appointed again after a break in service of two (2) years.
(g) Any action by the Board shall be approved by a majority of members present, provided a quorum exists.
(h) Applications shall be sought through the normal process used by the City Council for publicizing openings for commission appointments. All applications shall be submitted to the City Clerk who will distribute them to the Mayor and all members of the City Council. The Mayor and the selecting Council Member shall conduct interviews of eligible applicants at a public meeting that has been noticed at least 72- hours in advance.
(i) The term for each Member shall run concurrently with the term of the appointing Council Member or Mayor notwithstanding the date of appointment. Initial members shall serve on the Board only until the expiration of the term of the appointing elected official and thereafter may again be appointed at the discretion of the appointing elected official
DocuSign Envelope ID: 14F61DC7-8BD3-4FC1-A84E-1347D5DD3C34

2.27.050 – BOARD STAFF
(a) The City Manager shall appoint a City Staff Liaison to support the Board, prepare the Board’s agendas, prepare staff reports and supporting materials, to serve as the secretary of the Board, to keep the Board’s minutes and to be the Board’s custodian of records. In preparing agendas for the Board, the City Staff Liaison shall consult with the Chair and Vice-Chair of the Board as well as the City Attorney. (b) The City Attorney shall assign an attorney to provide legal advice to the Board on matters concerning the Board. The assigned attorney shall review all agenda items for the Board to ensure compliance with the Ralph M. Brown Act and any other applicable laws and regulations. The assigned attorney shall also ensure that the items on the agenda do not exceed the subject matter jurisdiction of the Board as set forth in this chapter 2.27. In addition, the assigned attorney shall provide advice to the Board at its regular and special meetings.

2.27.060 -- BOARD MEETINGS AND GOVERNANCE
(a) The Board shall hold regular meetings on the third Thursday of every other month beginning with the first full month after adoption of this ordinance by the City Council.

Provided there is no business for the Board to conduct at a regular meeting (i.e. there are no items requiring board action on the agenda), the City Staff Liaison may cancel a regular meeting as long as such cancellation occurs at least 72 hours before the scheduled start of the meeting. The City Staff Liaison may also cancel any meeting in the event of an emergency declared by the emergency authority of the City, State or Federal government. If there is a need to cancel a meeting for any other reason, the City Staff Liaison may only cancel such meeting with the written consent of the Board Chair and Vice Chair. Any meeting cancellation must be in writing and must clearly state the reason for the cancellation. The Board may agendize a discussion of the cancellation policy and may, on the affirmative vote of a majority of the Board, suggest to the City Council a different cancellation policy amendment to the cancellation policy, however, such amendment to the cancellation policy must be adopted or amended by the Council and must comply with all applicable laws including, but not limited to, the Ralph M. Brown Act. In no event shall the Board meet less than once every six (6) months. If City staff submits a request for review of an acquisition or borrowing of Surveillance Technology, the Board shall hear the request at its next regular meeting or, if necessary to comply with the timeline in section 2.27.030(d), the Board may hold a special meeting as provided by law. All meetings of the Board shall be subject to the Ralph M. Brown Act. (b) In the event of a vacancy caused by resignation and/or disability or death, the appointing entity may appoint a replacement to fill out the remaining period of the term pursuant to chapter 2.26 of this code. Members may continue to serve as holdovers beyond their term until their appointing entity renews their term or replaces them. Members may be removed from the Advisory Board in accordance with the City Charter and/or the Municipal Code.
(c) At the first meeting of the Board, members shall select among themselves officers as set forth in section 2.26.070 of this code. The City Staff Liaison shall serve as the secretary as set forth in section 2.26.070.

DocuSign Envelope ID: 14F61DC7-8BD3-4FC1-A84E-1347D5DD3C34

2.27.070 – GENERAL RULES AND REGULATIONS
The Board shall comply with the general rules and regulations for all boards, commissions and committees as set forth in Chapter 2.26 of this code unless otherwise provided by ordinance or resolution.

2.27.075 – ENFORCEMENT
Any member of the public shall have the legal right to seek enforcement of this ordinance.

2.27.080 – MODIFICATION OF ORDINANCE
The Board shall have the right to seek changes to this chapter from the City Council as the Board may, by majority decision, feel are needed.

SECTION 3. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Article. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or
phrase thereof, irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional.

SECTION 4. EFFECTIVE DATE
This ordinance shall become effective thirty (30) days after adoption by the City Council.

SECTION 5. PUBLICATION
The City Clerk is hereby directed to cause a summary of this ordinance to be published in the manner prescribed by Government Code section 36933(c).

First read at a regular meeting of the Council of the City of Vallejo held on the 16th day of November, 2021 and finally adopted at a regular meeting of the Council of the City of Vallejo on the 7
th day of December, 2021 by the following vote:

AYES: Mayor McConnell, Vice Mayor Verder-Aliga, Councilmembers Arriola, Brown, Dew, Loera-Diaz and Miessner
NOES: None
ABSENT: None
ABSTAIN: None
______________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
______________________________________

DAWN ABRAHAMSON, CITY CLERK
DocuSign Envelope ID: 14F61DC7-8BD3-4FC1-A84E-1347D5DD3C34

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