that the City Council accept the report and direct Staff to submit the APR to the State.
FISCAL IMPACT
City Council acceptance of the APR and submission of the APR to HCD will have no direct or immediate fiscal impact on the City. However, these actions may benefit the City’s finances in the future by making it eligible and/or more competitive for certain grants, and by supporting future development.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378, 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.
ATTACHMENTS
1. Att 1 General Plan APR FINAL
2. Resolution PC 22-01- Draft
3. APR_ Attachment 1 - City Council Reso
CONTACT
Margaret Kavanaugh-Lynch, Planning Manager, (707) 648-8604 [email protected]
Cesar Orozco, Senior Planner, (707) 648-5436
[email protected]
Annual Progress Report on the
General Plan 2021
City of Vallejo
Planning and Development Services
555 Santa Clara Street
Vallejo, CA 94590
City of Vallejo General Plan 2021 Progress Report
1 Table of Contents Page Number
1. INTRODUCTION 2
2. BACKGROUND 2
3. DATE OF ACCEPTANCE BY LOCAL LEGISLATION BODY 2
4. GENERAL PLAN IMPLEMENTATION 3
5. HOUSING ELEMENT ANNUAL PROGRESS REPORT 12
6. GENERAL PLAN AMENDMENTS 13
7. LOCAL GOVERNMENT PLANNING SUPPORT GRANTS 13
City of Vallejo General Plan 2021 Progress Report
2 1. INTRODUCTION
As required by Government Code Section 65400, the Planning Commission must submit an Annual Progress Report (APR) to the legislative body, the Governor’s Office pf Planning and Research (OPR), and the Department of Housing and Community Development (HCD) on the implementation status of the City’s General Plan. The APR must also include the city’s progress in providing its required share of affordable housing pursuant to California Government Code Section 65584 and its efforts to remove governmental constraints for the maintenance, improvement and development of affordable housing.
This General Plan APR covers the period from January 1, 2021 to December 31, 2021.
The purpose of the APR is to: (i) assess how the General Plan is being implemented in accordance with adopted goals, policies and implementation measures; (ii) identify any necessary adjustments or modifications to the General Plan as a means to improve local implementation; (iii) provide a clear correlation between land use decisions that have been made during the 12-month reporting period and the goals, policies and implementation measures contained in the General Plan; and (iv) provide information regarding the City’s progress in meeting its share of regional housing needs.
2. BACKGROUND
On August 29, 2017, Vallejo’s City Council adopted the City’s current General Plan. The General Plan has 10 elements contained within four separate chapters: Community and People, Nature and the Built Environment, Economy, Education and Training and Mobility, Transportation and Connectivity. The General Plan contains the seven state-required elements including land use, circulation, housing1, conservation, open space, safety and noise and three optional elements are healthy community, arts and culture, historic preservation and economic development.
The General Plan sets forth the City’s policies regarding the types and locations of future land uses and activities. It describes the desired character and quality of Development as well as the process for how development should be proceed. Thus, in creating the current General Plan, the City of Vallejo went through a process that ascertained the community’s values for future land uses and activities, and balanced these values with market factors, city revenues, environmental constraints, and private property rights.
The City of Vallejo General Plan reflects the aspiration and values of Vallejo’s residents and their elected representatives. The City Council and Planning Commission use the Plan in consideration land use and planning-related decisions. City staff uses the Plan on a day-to-day basis to administer and regulate land use and development activity. Citizens can use the plan to understand the City’s approach to regulating development, protecting resources, and upholding community values.
3. DATE OF ACCEPTANCE BY LOCAL LEGISLATION BODY
The 2021 General Plan annual update was taken before the Planning Commission for a recommendation to City Council on February 23, 2022. City Council directed staff to submit the General Plan and Housing annual update on March 22, 2022.
City of Vallejo General Plan 2021 Progress Report
3 4. GENERAL PLAN IMPLEMENTATION
The following subsections represent the progress the City’s Departments have made towards implementing the actions of their General Plan during the 2021 reporting period.
The single greatest contribution to the implementation of the General Plan in this reporting period was the adoption of a new Zoning Ordinance. This document was the results of several years of work and fulfills many of the General Plan’s programs.
1. Planning Division
a. Community and People
i. Policy CP-1.1: Retail Food Sources. Strive to ensure that all households in Vallejo have easy access to retail sources of affordable healthy food, including organic options, such as full-service grocery stores, ethnic food markets, produce markets and convenience stores.
a. As a healthy food choice, the New Zoning Code (NZC) adds Community Gardens as a new land use type, provides use
standards, and permits this use in mixed use and commercial zoning districts. To provide healthy food alternatives that may be more easily accessible, the NZC adds Farmers Market as a new land use type, permits this use in mixed use and commercial zoning districts. To encourage markets that provide fresh produce, the NZC adds Produce Markets as a new land use type and permits this use mixed use and commercial zoning districts.
1. Action CP-1.1B: Update City regulations and explore incentives to attract a full-service grocery store to South Vallejo and to any other identified “food deserts.”
a. The Sonoma Boulevard corridor from Magazine to Lemon Streets is zoned as Neighborhood Mixed (NMX), which would allow fullservice grocery stores in the South Vallejo area.
2. Action CP-1.1D: Consider updating City regulations to limit the number of fast-food outlets and mobile vendors serving primarily unhealthy food near schools and parks and in areas with existing fast food outlets. a. Commercial quotas and formula business regulations are difficult to administer and are not included in the NZC. However, the requirement for a Major Use Permit (which requires a public hearing before the Planning Commission) for a drive-through quick service/fast-food restaurants is retained to ensure that the location of a new establishments is appropriate.
ii. Policy CP-1.2: Locally Grown Food. Collaborate with community partners to support and expand Vallejo’s community gardens, Community Supported Agriculture (CSA) programs, and urban agriculture.
a. See response to CP-1.1 above.
2. Action CP-1.2A: Work with community garden programs, Vallejo City Unified School District (VCUSD), Solano Community College, residents, City of Vallejo General Plan 2021 Progress Report
4 and other local advocates, to establish a network of community gardens as sources of fresh produce, education, and social cohesion. a. See response to Policy CP-1.1above.
3. Action CP-1.2B: Work with GVRD, residents, colleges and universities, Solano Public Health, and other community partners to identify community garden opportunities in parks or appropriate properties and on City-owned property.
a. The NZC supports this policy based on the response to Policy CP1.1 above.
4. Action CP-1.2C: Consider leasing publicly owned, non-contaminated vacant land for agricultural use, and work with partners such as colleges and universities to identify potential sites.
a. The NZC supports this policy based on the response to Policy CP1.1 above.
5. Action CP-1.2D: Develop City regulations that encourage urban agriculture and farm stands, as appropriate.
a. See response to Policy CP-1.1 above.
6. Action CP-1.2E: Publicize and promote the availability of food grown in Vallejo.
a. The NZC supports this policy based on the response to Policy CP1.1 above. Also, see response to Policy CP-1.2 above. iii. Policy CP-1.6: Action CP-1.4C: Explore opportunities for providing access to safe places for recreational in-water activities, such as boating, kayaking, paddle boarding, and swimming.
a. The NZC adds a requirement that any development within 100 feet of a waterway provide public access along the shoreline consistent with State and Bay Conservation and Development Commission requirements. An additional requirement will be included that such development shall also be consistent with the General Plan policies regarding waterfront and shoreline areas. iv. Policy CP-1.6: Active Transportation Network. Promote the health benefits of walking and bicycling by providing a convenient and safe network of bicycle paths and routes, sidewalks, pedestrian paths, and trails, including connections with major destinations such as civic facilities, educational institutions, employment centers, shopping, and recreation areas.
a. The NZC retains the potential for granting a density bonus for projects within a Planned Development that provides interior pedestrian trails or bicycle paths connecting with designated city trails and paths.
2. Action CP-1.6D: Develop guidelines for public and private projects that promote safe, convenient, and attractive bike and pedestrian facilities, including amenities to enhance bike and pedestrian activity, such as bicycle racks, lockers, street trees, public art, and street furniture.
City of Vallejo General Plan 2021 Progress Report
5 a. The NZC adds the potential for granting a density bonus for projects providing a pedestrian and bicycle path that is a safe and convenient access to the transit centers.
b. The NZC adds a new section on bicycle storage requirements that promotes safe, convenient, and attractive bicycle facilities. v. Policy CP-1.10: Tobacco Sales and Children. Protect children by restricting the location of tobacco sales.
a. The NZC retains the requirement that tobacco retailers may not be established within 1,000 of a childcare center or school.
2. Action CP-1.10A: Amend City regulations to require use permit review to consider the potential negative impacts of uses proposing to sell tobacco in proximity to schools and other youth-serving facilities, and in areas with existing tobacco retailers.
a. The NZC retains the provision that a new tobacco retailer requires a Major Use Permit and may not be established within 1,000 of a childcare center, school or an existing tobacco retailer. vi. Policy CP-5.2: Action CP-5.2B: Continue to support local community service agencies and organizations in the provision of social services to Vallejoans in need, including special needs services that foster independence for older adults, people with disabilities, and those facing physical or mental challenges. a. The NZC supports this action by establishing Social Service Center as a new land use type that is permitted in mixed use and commercial zoning districts.
b. Nature and Built Environment
i. Policy NBE-1.1: Natural Resources. Protect and enhance hillsides, waterways, wetlands, occurrences of special-status species and sensitive natural communities, and aquatic and important wildlife habitat through land use decisions that avoid and mitigate potential environmental impacts on these resources to the extent feasible.
a. The NZC augments the Hillside Development Standards to protect and enhance Vallejo’s hillsides.
b. The NZC retains the Resource Conservation (RCN) zoning district and protects and enhances the wetlands, sensitive natural communities, and important wildlife habitat by minimizing the development intensity allowed in RCN areas.
2. Action NBE-1.1E: Protect the remaining woodlands and native tree resources and require replacement plantings where native trees must be removed.
a. The NZC supports this action by establishing requirements for tree replacement if protected trees are removed.
3. Action NBE-1.1F: Require a biological assessment for new development proposed on sites that are determined to have some potential to contain sensitive biological and wetland resources. The assessment should be conducted by a qualified professional to determine the presence or absence of any sensitive resources, should evaluate potential adverse City of Vallejo General Plan 2021 Progress Report
6 effects, and should define measures for protecting the resources in compliance with State and federal laws. Detailed surveys are not necessary in locations where past and existing development have eliminated natural habitat and the potential for presence of sensitive biological resources.
a. The NZC retains the requirement that projects must comply with the California Environmental Quality Act (CEQA) and includes the CEQA process procedures. Conducting biological assessments for new development will be required as deemed appropriate based a project-specific environmental review checklist.
4. Action NBE-1.1G: Avoid potential impacts on jurisdictional wetlands and other waters as part of new development to the maximum extent feasible.
This should include streams and associated riparian habitat and coastal salt marsh habitat along the Vallejo shoreline. Where complete avoidance is not possible, require that appropriate authorizations be secured from State and federal jurisdictional agencies and that adequate replacement mitigation be provided to ensure there is no net loss in habitat acreage or values.
a. Avoidance of potential impacts on jurisdictional wetlands and other waters, as well as compliance with State and federal requirements will be determined based on the project-specific environmental analysis.
ii. Policy NBE-1.2: Sensitive Resources. Ensure that adverse impacts on sensitive biological resources, including special-status species, sensitive natural communities, and wetlands are avoided and mitigated to the greatest extent feasible as development takes place.
a. The NZC retains the requirement that projects must comply with the California Environmental Quality Act (CEQA) and includes the CEQA process procedures. Conducting biological assessments for new development will be required as deemed appropriate based a project-specific environmental review checklist and mitigations will be imposed as needed.
2. Action NBE-1.2D: Continue to require environmental review of development applications pursuant to CEQA to assess the potential impacts on native species and habitat diversity. Require adequate mitigation measures for ensuring the protection of sensitive resources and achieving “no net loss” of sensitive habitat acreage, values, and functions and encourage early consultation with all trustee agencies and agencies with review authority pursuant to CEQA for projects in areas supporting special-status species, sensitive natural communities, or wetland that may be adversely affected by new development.
a. The NZC retains the requirement that projects must comply with the California Environmental Quality Act (CEQA). Conducting assessments on the potential impact for new development will be required as deemed appropriate based a project-specific environmental review.
iii. Policy NBE-1.5: Scenic Vistas. Protect and improve scenic vistas, including views from Interstate 80 and State Route 37 in Vallejo.
City of Vallejo General Plan 2021 Progress Report
7 a. The NZC supports this policy by establishing the Regional Commercial (RC) zoning district, which is mapped along the freeway. Development and Design standards for this zoning district improve the overall appearance of the freeway corridor.
2. Action NBE-1.5B: Update City regulations for development within view of freeways in Vallejo.
a. The NZC includes the establishment of the Regional Commercial (RC) zoning district that is mapped along the freeway and includes development and design standards that improve the overall appearance of the freeway corridor.
3. Action NBE-1.5C: Continue to administer the residential view district regulations intended to preserve panoramic views of the surrounding natural and human-made environment from residential neighborhoods located on hills.
a. The NZC retains the Residential View District and includes the district on the updated Zoning Map.
iv. Policy NBE-2.5: Regional Retail and Entertainment. Support a thriving mix of regional retail and entertainment uses near Interstate 80. a. The NZC includes the establishment of the Regional Commercial (RC) zoning district that is mapped along the freeway that permits a mix of retail entertainment uses.
2. Action NBE-2.5A: Work with property owners in the Northgate Area to retain and attract businesses that cater both to residents and regional shoppers, including through circulation and wayfinding improvements. a. The NZC includes the establishment of the Regional Commercial (RC) zoning district that is mapped in the Northgate Area and permits a mix of uses for local and regional shoppers.
v. Policy NBE-3.1: Action NBE-3.1B: Continue the use of residential density bonuses to incentivize or fund the construction of public benefits, such as plazas, open space, and public art.
a. The NZC adds a density bonus incentive that includes providing public plazas, parks and public art as public benefits. vi. Policy NBE-3.4: Local Art Scene. Promote arts and culture, and integrate public art and performances spaces into public and private development. a. The NZC supports this policy by adding a density bonus incentive that includes providing public plazas, parks and public art as public benefits.
vii. Policy NBE-3.12: Sonoma-Broadway District. Foster a mixed-use employment district well-served by transit in the area surrounding Kaiser Permanente and Soltrans properties.
a. The NZC supports this policy by adding a new Transit Oriented Development Chapter that identifies the nearby Sereno Transit Facility as a transit center where a mix of uses are permitted and development incentives are included to encourage mixed use development in the area.
City of Vallejo General Plan 2021 Progress Report
8 2. Action NBE-3.12A: Explore opportunities for transit-oriented development (i.e., Urban Village) near the Sereno Transit Center in collaboration with Soltrans and adjacent property owners.
a. See response to Policy NBE-3.12 above.
viii. Policy NBE-5.3: Health and Safety Codes. Enforce development regulations and building code requirements to protect residents, businesses, and employees from flooding, liquefaction, earthquakes, fires, and other hazards. a. The NZC retains the requirement that projects must comply with CEQA. CEQA compliance may require an assessment of
environmental impacts of a proposed development project on residents, businesses, and employees.
ix. Policy NBE-5.11: Risk Reduction. Reduce the risk of hazardous materials accidents, spills, and vapor releases, and minimize the effects of such incidents if they occur.
a. The NZC adds a new Hazardous Materials Handling and Storage Chapter for facilities involved in the handling or storage of hazardous materials and that includes measures to reduce the risks of accidents, spills and other related incidents.
2. Action NBE-5.11E: Continue to require that all facilities where hazardous materials are used, handled, or stored are designed and constructed to minimize the possibility of environmental contamination and off-site impacts.
a. See response to Policy NBE-5.11 above.
3. Action NBE-5.11F: Collaborate with county, State, and federal agencies to ensure that facilities where hazardous materials are used, handled, or stored are regularly inspected and that applicable regulations are enforced.
a. The NZC adds a new Hazardous Materials Handling and Storage Chapter for facilities involved in the handling or storage of hazardous materials and requires compliance with all applicable federal and state regulations.
x. Policy NBE-5.14: Vibration Control. Ensure that vibration does not affect quality of life in the community.
a. The NZC retains the requirement that no use shall be operated that produces vibrations that impact adjacent uses.
xi. Policy NBE-5.15: Noise Compatibility Standards. Apply the General Plan noise and land use compatibility standards to all new residential, commercial, and mixeduse development and redevelopment. a. The NZC includes the General Plan noise and land use compatibility standards for all new development.
2. Action NBE-5.15A: For new single-family residential projects, use a standard of 60 Ldn for exterior noise in private use areas, and require appropriate impact mitigation.
City of Vallejo General Plan 2021 Progress Report
9 a. The NZC retains the requirement that a new single-unit project that includes residential use has a noise limit of 65 Ldn for exterior noise in private areas.
3. Action NBE-5.15B: For new multi-family residential projects, use a standard of 65 Ldn in outdoor areas, excluding balconies, and require appropriate impact mitigation.
a. The NZC adds a new requirement that new multiple- unit projects have a noise limit of 65 Ldn in outdoor areas.
4. Action NBE-5.15C: For new mixed-use projects that include a residential component, use a standard of 65 Ldn in outdoor areas, excluding balconies, and require the design to minimize commercial noise intrusion into residential areas, including by separating residential areas from noisegenerating sources such as mechanical equipment, entertainment facilities, gathering places, loading bays, parking lots, driveways, and trash enclosures to the extent reasonably feasible.
a. The NZC adds a new requirement that requires mixed-use projects that include a residential component has a noise limit of 65 Ldn.
5. Action NBE-5.15F: Require acoustical studies with appropriate mitigation measures for projects that are likely to be exposed to noise levels that exceed the ‘normally acceptable’ standard and for any other projects that are likely to generate noise in excess of these standards. a. The NZC adds a new requirement that the Director may require an acoustic study to assess noise levels for a project. c. Economy, Training and Education
i. Policy EET-1.13: Data and Information Systems. Invest in data and mapping capabilities to realize sustainable economic development and evaluate potential environmental impacts.
a. Creating and implementing a new GIS Mapping tool to be used by the whole City and the Public.
ii. Policy EET-2.3: Customer Service. Maintain a customer-and-business friendly environment in Vallejo.
a. Continue to have an accessible customer service environment during the pandemic with limited City Hall hours and providing meetings via zoom. In addition a new permitting software is being implemented to help streamline planning and building permits.
2. Public Works Department
a. Community and People
i. Policy CP-1.7: Green Space. Promote community physical and mental health through provision and preservation of the urban forest, natural areas, and “green” infrastructure (i.e. best practices water management).
1. Proposed City projects include the rehabilitation of the welcome center at Hiddenbrooke Parkway, the removal and replacement of existing City of Vallejo General Plan 2021 Progress Report
10 landscaping and the updating of irrigation along the north and south side of Hiddenbrooke Parkway and Glen Cove Parkway (Project ID: PWL001, PWL002, PWL006).
ii. Policy CP-1.15: Water Quality. Maintain and improve water quality in a way that provides public and environmental health benefits.
1. Proposed City project to build trash enclosures at City Hall and the Ferry Building to keep public and waterways safe from trash (PW9409). b. Nature and Built Environment
i. Policy NBE-1.7: Green Infrastructure. Encourage the installation of green infrastructure, including tools such as permeable pavement, rain gardens, constructed wetlands, grassy swales, rain barrels and cisterns, and green roofs, to treat stormwater, attenuate floods, increase groundwater recharge, and reduce urban heat islands.
1. Proposed City project to complete a citywide tree inventory and develop an Urban Forest Management Plan to establish a citywide commitment to a healthy, growing urban forest in the City of Vallejo (Project ID PW9428). ii. Policy NBE-1.13: Community Preservation. Encourage high standards of property maintained and rapid abatement of conditions contributing to blight.
1. Proposed City project to reinforce a retaining wall with tiebacks to reduce risk to pedestrian safety at 602 Capitol Street, repair failing brick work of building 46A (Project ID PW9429).
c. Economy, Education and Training
i. Policy EET-1.3: Visitor Destination: Make Vallejo an important visitor destination in the Bay Area.
1. Proposed City project for the rehabilitation of the Mare Island Cemetery and the possible transfer of ownership back to the Federal Government (Project ID PW9418).
ii. Policy EET-1.9: Municipal Services. Provide robust, high-quality municipal services and build revenue to achieve a self-sustaining model of funding.
1. Proposed project includes performing work on facilities owned by the City (Project ID: PWC111)
d. Mobility, Transportation and Connectivity
i. Policy MTC-1.5: Regional Trail Network. Continue to participate in efforts to complete the regional trail networks though Vallejo.
1. Proposed Class 1 Vallejo Bluff Trail, would close gap in three major regional trails (San Francisco Bay Trail, The Bay Area Ridge Trail and California Delta Trail) (Project ID CE001)
ii. Policy MTC-2.1: Safety First. Prioritize pedestrian, bicycle, and automobile safety over traffic flow, and Policy MTC- 2.4: Citywide Mobility. Maintain a transportation network that provides for all ages and abilities and for all areas of the community, Policy MTC-2.6: Pavement Condition. Improve street pavement condition in Vallejo, prioritizing neighborhood corridors and arterials, Policy MTC-2.7:
City of Vallejo General Plan 2021 Progress Report
11 Complete Street. Increase accessibility for and use of streets by pedestrians, bicyclist and transit riders.
1. Proposed project to review which roadways in the City are good candidates for reducing number of lanes, reduce the number of travel lanes on Redwood Street, Sacramento Street, and reconstruction projects will consist of pavement rehabilitation, removal and replacement of noncompliant ADA curb ramps, sidewalks, curb and getter (Project ID PW9731, PW9729, PW9703).
2. Additional funding allocated to street repair by the City Council on February 8, 2023.
3. Water Division
a. Community and People
i. Policy CP-1.13: Clean Water. Provide a safe, adequate water supply City Wide.
1. Proposals to replace and upgrade of the sedimentation and flocculation facilities at the Fleming Hill Water Treatment, replace water meters and meter reading technology, annual transfer to Finance Department to support new Enterprise Resource Planning Project, annual replacement of pipes, and rehab and/or replace the Gordon Valley Water Main (Project ID: WT7104, WT7105, WT7106, WT7107, WT7108, WT7109, WT7110, WT7111).
4. Fire Department
a. Community and People
i. Policy CP-5.4: Workforce Diversity. Promote diversity in the workplace, including equal opportunities for economically, physically, and socially disadvantaged people.
1. Secured SAFER grant for 12-Firefighters.
b. Nature and Built Environment
i. Policy NBE-5.2: Community Preparedness. Increase public awareness of City emergency preparedness programs and resources.
1. The Department published two emergency preparedness booklets that are available to the public.
5. Police Department
a. Community and People
i. Policy CP-1.5: Active Recreation Programming. Support and expand active recreation programs in Vallejo.
1. Hosted and participated in community events and outreach: 911 for Kids Program, Late-Night Basketball, Youth Reading Program, Kicks for Hope, School Attendance Incentive Campaign, K-9 trail and Shop with a Cop. ii. Policy CP-3.1: High Quality Education. Foster high quality schools that enhance civic pride.
1. Grow youth opportunities by increased hourly for police cadets for competitiveness in local market and added significant updates to the cadet program in preparation for the police academy and participate in the Youth Intern program at the City during the summer and winter.
City of Vallejo General Plan 2021 Progress Report
12 iii. Policy CP-5.4: Workforce Diversity. Promote diversity in the workplace, including equal opportunities for economically, physically, and socially disadvantaged people.
1. New recruits hired to add additional police officers on the force. b. Economy, Training and Education
i. Policy EET-2.3: Customer Service. Maintain a customer-and-business friendly environment in Vallejo.
1. Hired a new Public Information Officer to increase social media presence and enhance communication to community with cohesive messaging from department, launched six new neighborhood watch groups.
5. HOUSING ELEMENT ANNUAL PROGRESS REPORT
California Government Code Section 65400 requires cities and counties to adopt a General Plan for development within their boundaries that includes, among other things, a Housing Element. The Housing Element is a comprehensive statement of the jurisdiction’s housing needs and proposed actions to meet those needs at all income levels.
The City Council adopted the current Fifth Cycle Housing Element for the 2015-2023 period on May 26, 2015, and HCD subsequently certified compliance of the Housing Element with State requirements. The Housing Element demonstrates how the City is addressing regional housing needs based on an allocation (RHNA). While the Housing Element must address specific statutory requirements, it is also intended to reflect local community values and priorities via community input.
Following is a summary of key information of the HCD Annual Progress Report:
Table A documents the number of housing units for which entitlement applications were submitted in 2021. The City received 95 housing applications in the last calendar year. The total number of proposed dwelling units in these applications was 853. While many of those projects were submitted in the last quarter of the year and are under review; 80 new dwelling units were entitled.
1. Table A2 documents the number of units receiving land use entitlements, building permits and certificates of occupancy. The City entitled 66 units, issued building permits for 37 units, and issued certificates of occupancy for 18 units. All the units were single-family dwellings, multifamily, or accessory dwelling units.
2. Table B documents the City’s progress toward meeting its RHNA goals. Including the 37 building permits issued for dwelling units. The City has produced 288 units (26.82 percent) toward its total RHNA of 1,074 units. All of these units are in the Moderate or Above Moderate-Income category, which accounts for 288 units of the total RHNA.
3. Table C documents sites identified or rezoned to accommodate shortfall housing need. There were no such sites in 2021.
4. Table D describes the progress of the various programs and activities identified in the Housing Element. These are mostly executed by the City’s Planning Division and the Vallejo Housing City of Vallejo General Plan 2021 Progress Report
13 Authority. As indicated in the Table, a substantial number of these programs were completed by the new Zoning Code, adopted in 2021. Many others are ongoing or in progress.
5. Table E documents projects receiving a commercial development bonus pursuant to Government Code Section 65915.7. There were no such projects in 2021.
6. Table F documents units rehabilitated, preserved and acquired for alternative adequate sites pursuant to Government Code section 65583.1(C)(2). There were no such sites in 2021.
7. Table G documents locally owned lands included in the Housing Element sites inventory that have been sold, leased, or otherwise disposed of. There were no such sites in 2021.
8. Table H documents Locally Owned Surplus Sites. There were no such sites in 2021.
6. GENERAL PLAN AMENDMENTS
On April 13, 2021, the City Council adopted a resolution to amend the General Plan Land Use map to facilitate the changes of land use designations for the following sites:
1. Waterfront PDMP: From Mix of Housing Types/Medium Density; parks, Recreation & Open Space, and Retail/Entertainment to District- Downtown/Waterfront and Retail/Entertainment.
2. Broadway South: From Primarily Single-family and Mix of Housing Types to Neighborhood Corridor.
3. Sutter/Tennessee: From Neighborhood Corridor to Mix of Housing types/ Medium Residential.
4. I-80/Georgia West: From Mix of Housing Types to Public Facilities
5. Amador/Solano: From Neighborhood Corridor to Mix of Housing types/ Medium Residential.
6. Vallejo Mobile Home Park: From Business/Limited Residential to Mix of Housing types/ Medium Residential.
7. Sonoma South: From Primarily Single-family to Neighborhood Corridor.
Additionally, land use designations definitions were amended as follows. Business/Limited Industrial (B/LI) was amended to allow live/work as a permitted use; District-North Gateway (D-NG), Central Corridor (CC), Neighborhood Corridor (NC), and Business/Limited Residential (B/LR) were amended to revise the maximum density from 30 dwelling units per acre, to a range of 16 dwelling units per acre up to 50 dwelling units per acre.
7. LOCAL GOVERNMENT PLANNING SUPPORT GRANTS
The City of Vallejo received a $500,000 Local Early Action Planning (LEAP) Grant from the State of California. The purpose of the monies was threefold:
1. Sixth Cycle Housing Element: Development of Housing Element and Housing Policies.
Approximate cost $175,000.
2. General Plan Amendment to allow compliance with Senate Bill 743 Vehicle Miles Travelled (VMT): Approximate cost $200,000.
City of Vallejo General Plan 2021 Progress Report
14 3. Climate Adaptation Plan: To address the City of Vallejo’s extensive range of climate change vulnerabilities in response to predicted Sea Level Rise and to streamline future development including housing production. Approximate cost $200,000.
ATTACHMENTS
HCD – Housing Element Annual Report for 2021
Approved as to form:
By: for
Veronica A.F. Nebb
City Attorney
CITY OF VALLEJO PLANNING COMMISSION
RESOLUTION NO. PC 22-01
ACCEPTING THE 2021 GENERAL PLAN ANNUAL
PROGRESS REPORT AND RECOMMENDING THE COUNCIL
ACCEPT THE REPORT AND DIRECT STAFF TO SUBMIT THE
REPORT TO THE CALIFORNIA OFFICE OF PLANNING AND
RESEARCH (OPR) AND THE CALIFORNIA DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT (HCD)
* * * * * * * * * * * * * * * * * * * * *
WHEREAS, Government Code Section 65400 mandates that all cities and counties submit an annual report on the status of the General Plan and progress in its implementation to their legislative bodies, the Governor’s Office of Planning and Research (OPR) and the Housing and Community Development (HCD) by April 1 of each year; and WHEREAS, Government Code Section 65400(a)(2) requires local planning agencies to provide by April 1st of each year an Annual Progress Report (APR) on the status of the Housing Element of the G eneral Plan to the legislative body, the California Office of Planning and Research (OPR), and the California Department of Housing and Community Development (HCD); and
WHEREAS, On February 23, 2022, the Planning Commission received and reviewed the Annual Progress Report and attachments.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF VALLEJO DOES HEREBY RESOLVE AS FOLLOWS:
The Planning Commission of the City of Vallejo based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, does hereby recommend the City Council receive and accept the Annual Progress Report attached and incorporated by reference herein, and authorize staff to forward the report to the Governor’s Office of Planning and Research and the State Department of Housing and Community Development pursuant to Government Code Section 65400(a)(2).
DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 I. VOTE
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Vallejo, State of California, on the 23rd of February, 2022 by the following vote to-wit:
AYES: Chair Cohen-Thomson, Vice-Chair Stamps, Commissioners Blind, Bowman, Douglass, Matulac, and Palmares
NOES: None
ABSTAIN: None
ABSENT: None
PEGGY COHEN-THOMPSON, CHAIRPERSON
City of Vallejo Planning Commission
MARGARET KAVANAUGH-LYNCH, SECRETARY
City of Vallejo Planning Commission
Attachments:
- Exhibit A: Annual Progress Report 2021
DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 2/25/2022
2/28/2022
Annual Progress Report on the
General Plan 2021
City of Vallejo
Planning and Development Services
555 Santa Clara Street
Vallejo, CA 94590
DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 City of Vallejo General Plan 2021 Progress Report
1 Table of Contents Page Number
1. INTRODUCTION 2
2. BACKGROUND 2
3. DATE OF ACCEPTANCE BY LOCAL LEGISLATION BODY 2
4. GENERAL PLAN IMPLEMENTATION 3
5. HOUSING ELEMENT ANNUAL PROGRESS REPORT 12
6. GENERAL PLAN AMENDMENTS 13
7. LOCAL GOVERNMENT PLANNING SUPPORT GRANTS 13
DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 City of Vallejo General Plan 2021 Progress Report
2 1. INTRODUCTION
As required by Government Code Section 65400, the Planning Commission must submit an Annual Progress Report (APR) to the legislative body, the Governor’s Office pf Planning and Research (OPR), and the Department of Housing and Community Development (HCD) on the implementation status of the City’s General Plan. The APR must also include the city’s progress in providing its required share of affordable housing pursuant to California Government Code Section 65584 and its efforts to remove governmental constraints for the maintenance, improvement and development of affordable housing.
This General Plan APR covers the period from January 1, 2021 to December 31, 2021.
The purpose of the APR is to: (i) assess how the General Plan is being implemented in accordance with adopted goals, policies and implementation measures; (ii) identify any necessary adjustments or modifications to the General Plan as a means to improve local implementation; (iii) provide a clear correlation between land use decisions that have been made during the 12-month reporting period and the goals, policies and implementation measures contained in the General Plan; and (iv) provide information regarding the City’s progress in meeting its share of regional housing needs.
2. BACKGROUND
On August 29, 2017, Vallejo’s City Council adopted the City’s current General Plan. The General Plan has 10 elements contained within four separate chapters: Community and People, Nature and the Built Environment, Economy, Education and Training and Mobility, Transportation and Connectivity. The General Plan contains the seven state-required elements including land use, circulation, housing1, conservation, open space, safety and noise and three optional elements are healthy community, arts and culture, historic preservation and economic development.
The General Plan sets forth the City’s policies regarding the types and locations of future land uses and activities. It describes the desired character and quality of Development as well as the process for how development should be proceed. Thus, in creating the current General Plan, the City of Vallejo went through a process that ascertained the community’s values for future land uses and activities, and balanced these values with market factors, city revenues, environmental constraints, and private property rights.
The City of Vallejo General Plan reflects the aspiration and values of Vallejo’s residents and their elected representatives. The City Council and Planning Commission use the Plan in consideration land use and planning-related decisions. City staff uses the Plan on a day-to-day basis to administer and regulate land use and development activity. Citizens can use the plan to understand the City’s approach to regulating development, protecting resources, and upholding community values.
3. DATE OF ACCEPTANCE BY LOCAL LEGISLATION BODY
The 2021 General Plan annual update was taken before the Planning Commission for a recommendation to City Council on February 23, 2022. City Council directed staff to submit the General Plan and Housing annual update on March 22, 2022.
DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 City of Vallejo General Plan 2021 Progress Report
3 4. GENERAL PLAN IMPLEMENTATION
The following subsections represent the progress the City’s Departments have made towards implementing the actions of their General Plan during the 2021 reporting period.
The single greatest contribution to the implementation of the General Plan in this reporting period was the adoption of a new Zoning Ordinance. This document was the results of several years of work and fulfills many of the General Plan’s programs.
1. Planning Division
a. Community and People
i. Policy CP-1.1: Retail Food Sources. Strive to ensure that all households in Vallejo have easy access to retail sources of affordable healthy food, including organic options, such as full-service grocery stores, ethnic food markets, produce markets and convenience stores.
a. As a healthy food choice, the New Zoning Code (NZC) adds Community Gardens as a new land use type, provides use
standards, and permits this use in mixed use and commercial zoning districts. To provide healthy food alternatives that may be more easily accessible, the NZC adds Farmers Market as a new land use type, permits this use in mixed use and commercial zoning districts. To encourage markets that provide fresh produce, the NZC adds Produce Markets as a new land use type and permits this use mixed use and commercial zoning districts.
1. Action CP-1.1B: Update City regulations and explore incentives to attract a full-service grocery store to South Vallejo and to any other identified “food deserts.”
a. The Sonoma Boulevard corridor from Magazine to Lemon Streets is zoned as Neighborhood Mixed (NMX), which would allow fullservice grocery stores in the South Vallejo area.
2. Action CP-1.1D: Consider updating City regulations to limit the number of fast-food outlets and mobile vendors serving primarily unhealthy food near schools and parks and in areas with existing fast food outlets. a. Commercial quotas and formula business regulations are difficult to administer and are not included in the NZC. However, the requirement for a Major Use Permit (which requires a public hearing before the Planning Commission) for a drive-through quick service/fast-food restaurants is retained to ensure that the location of a new establishments is appropriate.
ii. Policy CP-1.2: Locally Grown Food. Collaborate with community partners to support and expand Vallejo’s community gardens, Community Supported Agriculture (CSA) programs, and urban agriculture.
a. See response to CP-1.1 above.
2. Action CP-1.2A: Work with community garden programs, Vallejo City Unified School District (VCUSD), Solano Community College, residents, DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 City of Vallejo General Plan 2021 Progress Report
4 and other local advocates, to establish a network of community gardens as sources of fresh produce, education, and social cohesion. a. See response to Policy CP-1.1above.
3. Action CP-1.2B: Work with GVRD, residents, colleges and universities, Solano Public Health, and other community partners to identify community garden opportunities in parks or appropriate properties and on City-owned property.
a. The NZC supports this policy based on the response to Policy CP1.1 above.
4. Action CP-1.2C: Consider leasing publicly owned, non-contaminated vacant land for agricultural use, and work with partners such as colleges and universities to identify potential sites.
a. The NZC supports this policy based on the response to Policy CP1.1 above.
5. Action CP-1.2D: Develop City regulations that encourage urban agriculture and farm stands, as appropriate.
a. See response to Policy CP-1.1 above.
6. Action CP-1.2E: Publicize and promote the availability of food grown in Vallejo.
a. The NZC supports this policy based on the response to Policy CP1.1 above. Also, see response to Policy CP-1.2 above. iii. Policy CP-1.6: Action CP-1.4C: Explore opportunities for providing access to safe places for recreational in-water activities, such as boating, kayaking, paddle boarding, and swimming.
a. The NZC adds a requirement that any development within 100 feet of a waterway provide public access along the shoreline consistent with State and Bay Conservation and Development Commission requirements. An additional requirement will be included that such development shall also be consistent with the General Plan policies regarding waterfront and shoreline areas. iv. Policy CP-1.6: Active Transportation Network. Promote the health benefits of walking and bicycling by providing a convenient and safe network of bicycle paths and routes, sidewalks, pedestrian paths, and trails, including connections with major destinations such as civic facilities, educational institutions, employment centers, shopping, and recreation areas.
a. The NZC retains the potential for granting a density bonus for projects within a Planned Development that provides interior pedestrian trails or bicycle paths connecting with designated city trails and paths.
2. Action CP-1.6D: Develop guidelines for public and private projects that promote safe, convenient, and attractive bike and pedestrian facilities, including amenities to enhance bike and pedestrian activity, such as bicycle racks, lockers, street trees, public art, and street furniture.
DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 City of Vallejo General Plan 2021 Progress Report
5 a. The NZC adds the potential for granting a density bonus for projects providing a pedestrian and bicycle path that is a safe and convenient access to the transit centers.
b. The NZC adds a new section on bicycle storage requirements that promotes safe, convenient, and attractive bicycle facilities. v. Policy CP-1.10: Tobacco Sales and Children. Protect children by restricting the location of tobacco sales.
a. The NZC retains the requirement that tobacco retailers may not be established within 1,000 of a childcare center or school.
2. Action CP-1.10A: Amend City regulations to require use permit review to consider the potential negative impacts of uses proposing to sell tobacco in proximity to schools and other youth-serving facilities, and in areas with existing tobacco retailers.
a. The NZC retains the provision that a new tobacco retailer requires a Major Use Permit and may not be established within 1,000 of a childcare center, school or an existing tobacco retailer. vi. Policy CP-5.2: Action CP-5.2B: Continue to support local community service agencies and organizations in the provision of social services to Vallejoans in need, including special needs services that foster independence for older adults, people with disabilities, and those facing physical or mental challenges. a. The NZC supports this action by establishing Social Service Center as a new land use type that is permitted in mixed use and commercial zoning districts.
b. Nature and Built Environment
i. Policy NBE-1.1: Natural Resources. Protect and enhance hillsides, waterways, wetlands, occurrences of special-status species and sensitive natural communities, and aquatic and important wildlife habitat through land use decisions that avoid and mitigate potential environmental impacts on these resources to the extent feasible.
a. The NZC retains and augments the Hillside Development Standards to protect and enhance Vallejo’s hillsides.
b. The NZC retains the Resource Conservation (RCN) zoning district and protects and enhances the wetlands, sensitive natural communities, and important wildlife habitat by minimizing the development intensity allowed in RCN areas.
2. Action NBE-1.1E: Protect the remaining woodlands and native tree resources and require replacement plantings where native trees must be removed.
a. The NZC supports this action by establishing requirements for tree replacement if protected trees are removed.
3. Action NBE-1.1F: Require a biological assessment for new development proposed on sites that are determined to have some potential to contain sensitive biological and wetland resources. The assessment should be conducted by a qualified professional to determine the presence or absence of any sensitive resources, should evaluate potential adverse DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 City of Vallejo General Plan 2021 Progress Report
6 effects, and should define measures for protecting the resources in compliance with State and federal laws. Detailed surveys are not necessary in locations where past and existing development have eliminated natural habitat and the potential for presence of sensitive biological resources.
a. The NZC retains the requirement that projects must comply with the California Environmental Quality Act (CEQA) and includes the CEQA process procedures. Conducting biological assessments for new development will be required as deemed appropriate based a project-specific environmental review checklist.
4. Action NBE-1.1G: Avoid potential impacts on jurisdictional wetlands and other waters as part of new development to the maximum extent feasible.
This should include streams and associated riparian habitat and coastal salt marsh habitat along the Vallejo shoreline. Where complete avoidance is not possible, require that appropriate authorizations be secured from State and federal jurisdictional agencies and that adequate replacement mitigation be provided to ensure there is no net loss in habitat acreage or values.
a. Avoidance of potential impacts on jurisdictional wetlands and other waters, as well as compliance with State and federal requirements will be determined based on the project-specific environmental analysis.
ii. Policy NBE-1.2: Sensitive Resources. Ensure that adverse impacts on sensitive biological resources, including special-status species, sensitive natural communities, and wetlands are avoided and mitigated to the greatest extent feasible as development takes place.
a. The NZC retains the requirement that projects must comply with the California Environmental Quality Act (CEQA) and includes the CEQA process procedures. Conducting biological assessments for new development will be required as deemed appropriate based a project-specific environmental review checklist and mitigations will be imposed as needed.
2. Action NBE-1.2D: Continue to require environmental review of development applications pursuant to CEQA to assess the potential impacts on native species and habitat diversity. Require adequate mitigation measures for ensuring the protection of sensitive resources and achieving “no net loss” of sensitive habitat acreage, values, and functions and encourage early consultation with all trustee agencies and agencies with review authority pursuant to CEQA for projects in areas supporting special-status species, sensitive natural communities, or wetland that may be adversely affected by new development.
a. The NZC retains the requirement that projects must comply with the California Environmental Quality Act (CEQA). Conducting assessments on the potential impact for new development will be required as deemed appropriate based a project-specific environmental review.
iii. Policy NBE-1.5: Scenic Vistas. Protect and improve scenic vistas, including views from Interstate 80 and State Route 37 in Vallejo.
DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 City of Vallejo General Plan 2021 Progress Report
7 a. The NZC supports this policy by establishing the Regional Commercial (RC) zoning district, which is mapped along the freeway. Development and Design standards for this zoning district improve the overall appearance of the freeway corridor.
2. Action NBE-1.5B: Update City regulations for development within view of freeways in Vallejo.
a. The NZC includes the establishment of the Regional Commercial (RC) zoning district that is mapped along the freeway and includes development and design standards that improve the overall appearance of the freeway corridor.
3. Action NBE-1.5C: Continue to administer the residential view district regulations intended to preserve panoramic views of the surrounding natural and human-made environment from residential neighborhoods located on hills.
a. The NZC retains the Residential View District and includes the district on the updated Zoning Map.
iv. Policy NBE-2.5: Regional Retail and Entertainment. Support a thriving mix of regional retail and entertainment uses near Interstate 80. a. The NZC includes the establishment of the Regional Commercial (RC) zoning district that is mapped along the freeway that permits a mix of retail entertainment uses.
2. Action NBE-2.5A: Work with property owners in the Northgate Area to retain and attract businesses that cater both to residents and regional shoppers, including through circulation and wayfinding improvements. a. The NZC includes the establishment of the Regional Commercial (RC) zoning district that is mapped in the Northgate Area and permits a mix of uses for local and regional shoppers.
v. Policy NBE-3.1: Action NBE-3.1B: Continue the use of residential density bonuses to incentivize or fund the construction of public benefits, such as plazas, open space, and public art.
a. The NZC adds a density bonus incentive that includes providing public plazas, parks and public art as public benefits. vi. Policy NBE-3.4: Local Art Scene. Promote arts and culture, and integrate public art and performances spaces into public and private development. a. The NZC supports this policy by adding a density bonus incentive that includes providing public plazas, parks and public art as public benefits.
vii. Policy NBE-3.12: Sonoma-Broadway District. Foster a mixed-use employment district well-served by transit in the area surrounding Kaiser Permanente and Soltrans properties.
a. The NZC supports this policy by adding a new Transit Oriented Development Chapter that identifies the nearby Sereno Transit Facility as a transit center where a mix of uses are permitted and development incentives are included to encourage mixed use development in the area.
DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 City of Vallejo General Plan 2021 Progress Report
8 2. Action NBE-3.12A: Explore opportunities for transit-oriented development (i.e., Urban Village) near the Sereno Transit Center in collaboration with Soltrans and adjacent property owners.
a. See response to Policy NBE-3.12 above.
viii. Policy NBE-5.3: Health and Safety Codes. Enforce development regulations and building code requirements to protect residents, businesses, and employees from flooding, liquefaction, earthquakes, fires, and other hazards. a. The NZC retains the requirement that projects must comply with CEQA. CEQA compliance may require an assessment of
environmental impacts of a proposed development project on residents, businesses, and employees.
ix. Policy NBE-5.11: Risk Reduction. Reduce the risk of hazardous materials accidents, spills, and vapor releases, and minimize the effects of such incidents if they occur.
a. The NZC adds a new Hazardous Materials Handling and Storage Chapter for facilities involved in the handling or storage of hazardous materials and that includes measures to reduce the risks of accidents, spills and other related incidents.
2. Action NBE-5.11E: Continue to require that all facilities where hazardous materials are used, handled, or stored are designed and constructed to minimize the possibility of environmental contamination and off-site impacts.
a. See response to Policy NBE-5.11 above.
3. Action NBE-5.11F: Collaborate with county, State, and federal agencies to ensure that facilities where hazardous materials are used, handled, or stored are regularly inspected and that applicable regulations are enforced.
a. The NZC adds a new Hazardous Materials Handling and Storage Chapter for facilities involved in the handling or storage of hazardous materials and requires compliance with all applicable federal and state regulations.
x. Policy NBE-5.14: Vibration Control. Ensure that vibration does not affect quality of life in the community.
a. The NZC retains the requirement that no use shall be operated that produces vibrations that impact adjacent uses.
xi. Policy NBE-5.15: Noise Compatibility Standards. Apply the General Plan noise and land use compatibility standards to all new residential, commercial, and mixeduse development and redevelopment. a. The NZC includes the General Plan noise and land use compatibility standards for all new development.
2. Action NBE-5.15A: For new single-family residential projects, use a standard of 60 Ldn for exterior noise in private use areas, and require appropriate impact mitigation.
DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 City of Vallejo General Plan 2021 Progress Report
9 a. The NZC retains the requirement that a new single-unit project that includes residential use has a noise limit of 65 Ldn for exterior noise in private areas.
3. Action NBE-5.15B: For new multi-family residential projects, use a standard of 65 Ldn in outdoor areas, excluding balconies, and require appropriate impact mitigation.
a. The NZC adds a new requirement that new multiple- unit projects have a noise limit of 65 Ldn in outdoor areas.
4. Action NBE-5.15C: For new mixed-use projects that include a residential component, use a standard of 65 Ldn in outdoor areas, excluding balconies, and require the design to minimize commercial noise intrusion into residential areas, including by separating residential areas from noisegenerating sources such as mechanical equipment, entertainment facilities, gathering places, loading bays, parking lots, driveways, and trash enclosures to the extent reasonably feasible.
a. The NZC adds a new requirement that requires mixed-use projects that include a residential component has a noise limit of 65 Ldn.
5. Action NBE-5.15F: Require acoustical studies with appropriate mitigation measures for projects that are likely to be exposed to noise levels that exceed the ‘normally acceptable’ standard and for any other projects that are likely to generate noise in excess of these standards. a. The NZC adds a new requirement that the Director may require an acoustic study to assess noise levels for a project. c. Economy, Training and Education
i. Policy EET-1.13: Data and Information Systems. Invest in data and mapping capabilities to realize sustainable economic development and evaluate potential environmental impacts.
a. Creating and implementing a new GIS Mapping tool to be used by the whole City and the Public.
ii. Policy EET-2.3: Customer Service. Maintain a customer-and-business friendly environment in Vallejo.
a. Continue to have an accessible customer service environment during the pandemic with limited City Hall hours and providing meetings via zoom. In addition a new permitting software is being implemented to help streamline planning and building permits.
2. Public Works Department
a. Community and People
i. Policy CP-1.7: Green Space. Promote community physical and mental health through provision and preservation of the urban forest, natural areas, and “green” infrastructure (i.e. best practices water management).
1. Proposed City projects include the rehabilitation of the welcome center at Hiddenbrooke Parkway, the removal and replacement of existing DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 City of Vallejo General Plan 2021 Progress Report
10 landscaping and the updating of irrigation along the north and south side of Hiddenbrooke Parkway and Glen Cove Parkway (Project ID: PWL001, PWL002, PWL006).
ii. Policy CP-1.15: Water Quality. Maintain and improve water quality in a way that provides public and environmental health benefits.
1. Proposed City project to build trash enclosures at City Hall and the Ferry Building to keep public and waterways safe from trash (PW9409). b. Nature and Built Environment
i. Policy NBE-1.7: Green Infrastructure. Encourage the installation of green infrastructure, including tools such as permeable pavement, rain gardens, constructed wetlands, grassy swales, rain barrels and cisterns, and green roofs, to treat stormwater, attenuate floods, increase groundwater recharge, and reduce urban heat islands.
1. Proposed City project to complete a citywide tree inventory and develop an Urban Forest Management Plan to establish a citywide commitment to a healthy, growing urban forest in the City of Vallejo (Project ID PW9428). ii. Policy NBE-1.13: Community Preservation. Encourage high standards of property maintained and rapid abatement of conditions contributing to blight.
1. Proposed City project to reinforce a retaining wall with tiebacks to reduce risk to pedestrian safety at 602 Capitol Street, repair failing brick work of building 46A (Project ID PW9429).
c. Economy, Education and Training
i. Policy EET-1.3: Visitor Destination: Make Vallejo an important visitor destination in the Bay Area.
1. Proposed City project for the rehabilitation of the Mare Island Cemetery and the possible transfer of ownership back to the Federal Government (Project ID PW9418).
ii. Policy EET-1.9: Municipal Services. Provide robust, high-quality municipal services and build revenue to achieve a self-sustaining model of funding.
1. Proposed project includes performing work on facilities owned by the City (Project ID: PWC111)
d. Mobility, Transportation and Connectivity
i. Policy MTC-1.5: Regional Trail Network. Continue to participate in efforts to complete the regional trail networks though Vallejo.
1. Proposed Class 1 Vallejo Bluff Trail, would close gap in three major regional trails (San Francisco Bay Trail, The Bay Area Ridge Trail and California Delta Trail) (Project ID CE001)
ii. Policy MTC-2.1: Safety First. Prioritize pedestrian, bicycle, and automobile safety over traffic flow, and Policy MTC- 2.4: Citywide Mobility. Maintain a transportation network that provides for all ages and abilities and for all areas of the community, Policy MTC-2.6: Pavement Condition. Improve street pavement condition in Vallejo, prioritizing neighborhood corridors and arterials, Policy MTC-2.7:
DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 City of Vallejo General Plan 2021 Progress Report
11 Complete Street. Increase accessibility for and use of streets by pedestrians, bicyclist and transit riders.
1. Proposed project to review which roadways in the City are good candidates for reducing number of lanes, reduce the number of travel lanes on Redwood Street, Sacramento Street, and reconstruction projects will consist of pavement rehabilitation, removal and replacement of noncompliant ADA curb ramps, sidewalks, curb and getter (Project ID PW9731, PW9729, PW9703).
2. Additional funding allocated to street repair by the City Council on February 8, 2023.
3. Water Division
a. Community and People
i. Policy CP-1.13: Clean Water. Provide a safe, adequate water supply City Wide.
1. Proposals to replace and upgrade of the sedimentation and flocculation facilities at the Fleming Hill Water Treatment, replace water meters and meter reading technology, annual transfer to Finance Department to support new Enterprise Resource Planning Project, annual replacement of pipes, and rehab and/or replace the Gordon Valley Water Main (Project ID: WT7104, WT7105, WT7106, WT7107, WT7108, WT7109, WT7110, WT7111).
4. Fire Department
a. Community and People
i. Policy CP-5.4: Workforce Diversity. Promote diversity in the workplace, including equal opportunities for economically, physically, and socially disadvantaged people.
1. Secured SAFER grant for 12-Firefighters.
b. Nature and Built Environment
i. Policy NBE-5.2: Community Preparedness. Increase public awareness of City emergency preparedness programs and resources.
1. The Department published two emergency preparedness booklets that are available to the public.
5. Police Department
a. Community and People
i. Policy CP-1.5: Active Recreation Programming. Support and expand active recreation programs in Vallejo.
1. Hosted and participated in community events and outreach: 911 for Kids Program, Late-Night Basketball, Youth Reading Program, Kicks for Hope, School Attendance Incentive Campaign, K-9 trail and Shop with a Cop. ii. Policy CP-3.1: High Quality Education. Foster high quality schools that enhance civic pride.
1. Grow youth opportunities by increased hourly for police cadets for competitiveness in local market and added significant updates to the cadet program in preparation for the police academy and participate in the Youth Intern program at the City during the summer and winter.
DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 City of Vallejo General Plan 2021 Progress Report
12 iii. Policy CP-5.4: Workforce Diversity. Promote diversity in the workplace, including equal opportunities for economically, physically, and socially disadvantaged people.
1. New recruits hired to add additional police officers on the force. b. Economy, Training and Education
i. Policy EET-2.3: Customer Service. Maintain a customer-and-business friendly environment in Vallejo.
1. Hired a new Public Information Officer to increase social media presence and enhance communication to community with cohesive messaging from department, launched six new neighborhood watch groups.
5. HOUSING ELEMENT ANNUAL PROGRESS REPORT
California Government Code Section 65400 requires cities and counties to adopt a General Plan for development within their boundaries that includes, among other things, a Housing Element. The Housing Element is a comprehensive statement of the jurisdiction’s housing needs and proposed actions to meet those needs at all income levels.
The City Council adopted the current Fifth Cycle Housing Element for the 2015-2023 period on May 26, 2015, and HCD subsequently certified compliance of the Housing Element with State requirements. The Housing Element demonstrates how the City is addressing regional housing needs based on an allocation (RHNA). While the Housing Element must address specific statutory requirements, it is also intended to reflect local community values and priorities via community input.
Following is a summary of key information of the HCD Annual Progress Report:
Table A documents the number of housing units for which entitlement applications were submitted in 2021. The City received 95 housing applications in the last calendar year. The total number of proposed dwelling units in these applications was 853. While many of those projects were submitted in the last quarter of the year and are under review; 80 new dwelling units were entitled.
1. Table A2 documents the number of units receiving land use entitlements, building permits and certificates of occupancy. The City entitled 66 units, issued building permits for 37 units, and issued certificates of occupancy for 18 units. All the units were single-family dwellings, multifamily, or accessory dwelling units.
2. Table B documents the City’s progress toward meeting its RHNA goals. Including the 37 building permits issued for dwelling units. The City has produced 288 units (26.82 percent) toward its total RHNA of 1,074 units. All of these units are in the Moderate or Above Moderate-Income category, which accounts for 288 units of the total RHNA.
3. Table C documents sites identified or rezoned to accommodate shortfall housing need. There were no such sites in 2021.
4. Table D describes the progress of the various programs and activities identified in the Housing Element. These are mostly executed by the City’s Planning Division and the Vallejo Housing DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 City of Vallejo General Plan 2021 Progress Report
13 Authority. As indicated in the Table, a substantial number of these programs were completed by the new Zoning Code, adopted in 2021. Many others are ongoing or in progress.
5. Table E documents projects receiving a commercial development bonus pursuant to Government Code Section 65915.7. There were no such projects in 2021.
6. Table F documents units rehabilitated, preserved and acquired for alternative adequate sites pursuant to Government Code section 65583.1(C)(2). There were no such sites in 2021.
7. Table G documents locally owned lands included in the Housing Element sites inventory that have been sold, leased, or otherwise disposed of. There were no such sites in 2021.
8. Table H documents Locally Owned Surplus Sites. There were no such sites in 2021.
6. GENERAL PLAN AMENDMENTS
On April 13, 2021, the City Council adopted a resolution to amend the General Plan Land Use map to facilitate the changes of land use designations for the following sites:
1. Waterfront PDMP: From Mix of Housing Types/Medium Density; parks, Recreation & Open Space, and Retail/Entertainment to District- Downtown/Waterfront and Retail/Entertainment.
2. Broadway South: From Primarily Single-family and Mix of Housing Types to Neighborhood Corridor.
3. Sutter/Tennessee: From Neighborhood Corridor to Mix of Housing types/ Medium Residential.
4. I-80/Georgia West: From Mix of Housing Types to Public Facilities
5. Amador/Solano: From Neighborhood Corridor to Mix of Housing types/ Medium Residential.
6. Vallejo Mobile Home Park: From Business/Limited Residential to Mix of Housing types/ Medium Residential.
7. Sonoma South: From Primarily Single-family to Neighborhood Corridor.
Additionally, land use designations definitions were amended as follows. Business/Limited Industrial (B/LI) was amended to allow live/work as a permitted use; District-North Gateway (D-NG), Central Corridor (CC), Neighborhood Corridor (NC), and Business/Limited Residential (B/LR) were amended to revise the maximum density from 30 dwelling units per acre, to a range of 16 dwelling units per acre up to 50 dwelling units per acre.
7. LOCAL GOVERNMENT PLANNING SUPPORT GRANTS
The City of Vallejo received a $500,000 Local Early Action Planning (LEAP) Grant from the State of California. The purpose of the monies was threefold:
1. Sixth Cycle Housing Element: Development of Housing Element and Housing Policies.
Approximate cost $175,000.
2. General Plan Amendment to allow compliance with Senate Bill 743 Vehicle Miles Travelled (VMT): Approximate cost $200,000.
DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 City of Vallejo General Plan 2021 Progress Report
14 3. Climate Adaptation Plan: To address the City of Vallejo’s extensive range of climate change vulnerabilities in response to predicted Sea Level Rise and to streamline future development including housing production. Approximate cost $200,000.
ATTACHMENTS
HCD – Housing Element Annual Report for 2021
DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 Jurisdiction Name
Reporting Calendar YearFirst NameLast NameTitleEmailPhoneStreet AddressCityZipcode v 1_11_2022
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d. 555 Santa Clara Street
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General Information
2021
Vallejo
Contact Information
Cesar
Orozco
Senior Planner
[email protected]
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Mailing Address
Annual Progress Report January 2020
DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 Jurisdiction Vallejo ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 5th Cycle 01/31/2015 - 01/31/2023 Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application Status Notes
2 34 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted+ (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Was APPLICATION SUBMITTED Pursuant to GC 65913.4(b)? (SB 35 Streamlining) Was a Density Bonus requested for this housing development? Was a Density Bonus approved for this housing development? Please indicate the status of the application. Notes+ Summary Row: Start Data Entry Below 0 0 5 0 11 0 837 853 80 0 0081392030 225 MASONIC DRIVE SU21-0001 ADU R 01/08/2021 1 1 1 No No No Approved 0069150280 118 HALABUK COURT SU21-0002 ADU R 01/25/2021 1 1 1 No No No Approved0054152340 268 FAIRMONT AVENUE SU21-0003 ADU R 01/26/2021 1 1 1 No No No Approved0056101110 532 OHIO STREET SU21-0004 ADU R 01/27/2021 1 1 1 No No No Approved0054032020 2347 ALAMEDA STREET SU21-0005 ADU R 02/09/2021 1 1 1 No No No Approved0056235010 807 YORK STREET SU21-0006 ADU R 02/11/2021 1 1 1 No No No Approved0068303120 490 CHRISTOPHER WAY SU21-0007 ADU R 02/16/2021 1 1 1 No No No Approved0069282090 124 SKYLINE COURT SU21-0008 ADU R 02/18/2021 1 1 No No No Pending Under Review or Deemed In 0054182140 214 TEXAS STREET A SU21-0009 ADU R 02/25/2021 1 1 1 No No No Approved 0061074030 611 SHERIDAN STREET SU21-0010 ADU R 03/08/2021 1 1 No No No Pending Under Review or Deemed In 0068391090 471 MCGRUE CIRCLE SU21-0011 ADU R 03/15/2021 1 1 1 No No No Approved 0069062170 460 CLARK DRIVE SU21-0012 ADU R 03/15/2021 1 1 1 No No No Approved0069062130 456 CLARK DRIVE SU21-0013 ADU R 03/16/2021 1 1 1 No No No Approved0067085170 110 IMELDA STREET SU21-0014 ADU R 03/16/2021 1 1 1 No No No Approved0082263160 129 FLEET STREET SU21-0015 ADU R 03/24/2021 1 1 1 No No No Approved0051234040 3005 SONOMA BOULEVARD SU21-0016 ADU R 03/24/2021 1 1 1 No No No Approved0069164090 101 REVERE STREET SU21-0017 ADU R 03/04/2021 1 1 1 No No No Approved0057101290 1420 OHIO STREET SU21-0018 ADU R 03/29/2021 1 1 1 No No No Approved0053112050 320 HERMOSA AVENUE SU21-0019 ADU R 03/25/2021 1 1 1 No No No Approved0068155200 712 GATEWAY DRIVE SU21-0020 ADU R 03/30/2021 1 1 1 No No No Approved0057124020 1909 LOUISIANA STREET SU21-0021 ADU R 03/31/2021 1 1 1 No No No Approved0057113230 527 SPRINGS ROAD SU21-0022 ADU R 03/31/2021 1 1 1 No No No Approved0071145090 2933 IRWIN STREET SU21-0023 ADU R 04/07/2021 1 1 1 No No No Approved0071018040 521 SHELDON AVENUE SU21-0024 ADU R 04/07/2021 1 1 1 No No No Approved0067101090 225 RINALDO DRIVE SU21-0025 ADU R 04/12/2021 1 1 1 No No No Approved0054071370 120 GREENFIELD AVENUE SU21-0026 ADU R 04/08/2021 1 1 1 No No No Approved0054045070 53 NORTH CAMINO ALTO SU21-0027 ADU R 04/01/2021 1 1 1 No No No Approved0057081040 1745 TENNESSEE STREET SU21-0028 ADU R 05/04/2021 1 1 1 No No No Approved0071131530 738 STEFFAN STREET SU21-0029 ADU R 05/04/2021 1 1 1 No No No Approved0057155140 2012 FLORIDA STREET SU21-0030 ADU R 05/25/2021 1 1 1 No No No Approved0068072190 204 FALCON DRIVE SU21-0031 ADU R 05/26/2021 1 1 1 No No No Approved0057121070 1837 LOUISIANA STREET SU21-0032 ADU R 06/09/2021 1 1 1 No No No Approved0074103100 307 ALHAMBRA AVENUE SU21-0033 ADU R 04/14/2021 1 1 1 No No No Approved0074103100 307 ALHAMBRA AVENUE SU21-0034 ADU R 04/14/2021 1 1 1 No No No Approved0051173330 29 FREY PLACE SU21-0035 ADU R 05/04/2021 1 1 1 No No No Approved0055121020 211 FLORIDA STREET SU21-0036 ADU R 06/15/2021 1 1 1 No No No Approved0074042320 393 IDORA AVENUE SU21-0037 ADU R 06/22/2021 1 1 11 No No No Approved0061033220 403 FIFTH STREET SU21-0038 ADU R 06/23/2021 1 1 1 No No No Approved0057117070 1739 LOUISIANA STREET SU21-0039 ADU R 06/28/2021 1 1 1 No No No Approved0057122050 1935 OHIO STREET SU21-0040 ADU R 06/28/2021 1 1 1 No No No Approved0082053180 823 KNIGHTS CIRCLE SU21-0041 ADU R 06/28/2021 1 1 1 No No No Approved0052262090 1754 SERENO DRIVE SU21-0042 ADU R 06/29/2021 1 1 No No No Pending Under Review or Deemed In 0057102080 1445 OHIO STREET SU21-0043 ADU R 07/28/2021 1 1 1 No No No Approved 0068503080 105 ARABIAN COURT SU21-0044 ADU R 08/04/2021 1 1 1 No No No Approved0052381070 111 SOMERSET COURT SU21-0045 ADU R 08/09/2021 1 1 1 No No No Approved0056192050 341 GEORGIA ST 303 SU21-0046 ADU R 08/19/2021 1 1 1 No No No Approved0056192050 341 GEORGIA ST 303 SU21-0047 ADU R 08/19/2021 1 1 1 No No No Approved0071151410 3021 GEORGIA STREET SU21-0048 ADU R 08/27/2021 1 1 1 No No No Approved0055123080 729 SANTA CLARA STREET SD21-0001 SFD O 01/04/2021 1 1 1 No No No Approved 0061043090 551 PORTER STREET SD21-0006 MH O 02/16/2021 1 1 No No No Pending Under Review or Deemed In0069282090 124 SKYLINE COURT SD21-0007 SFD O 02/18/2021 1 1 No No No Pending Under Review or Deemed In0057191270 304 MAYO AVENUE SD21-0010 2 to 4 O 03/10/2021 2 2 No No No Pending Under Review or Deemed In0054033550 440 WASHINGTON STREET SD21-0014 SFD O 04/08/2021 1 1 No No No Pending Under Review or Deemed In0071062320 1035 CASTLEWOOD DRIVE SD21-0018 2 to 4 O 04/20/2021 2 2 No No No Pending Under Review or Deemed In0071062310 1039 CASTLEWOOD DRIVE SD21-0019 SFD O 04/20/2021 1 1 No No No Pending Under Review or Deemed In0057113280 640 TUOLUMNE ST SD21-0020 2 to 4 R 04/20/2021 3 3 3 No No No Approved0053162220 1535 BROADWAY SD21-0021 5+ R 05/04/2021 30 30 No No No Pending Under Review or Deemed In0056195020 507 VIRGINIA STREET SD21-0022 2 to 4 R 06/09/2021 4 4 No No No Pending Under Review or Deemed In0182020010 N/A PD21-0001 5+ R 01/06/2021 264 264 No No No Pending Under Review or Deemed In0182060770 N/A PD21-0004 SFD O 06/01/2021 1 1 No No No Pending Under Review or Deemed In0182204050 1797 DURROW COURT PD21-0002 SFD O 05/04/2021 1 1 No No No Pending Under Review or Deemed In0055126260 N/A DVR21-0005 2 to 4 O 09/20/2021 2 2 No No No Pending Under Review or Deemed In0069271130 101 PAJARO WAY DVR21-0003 SFD O 09/09/2021 1 1 No No No Pending Under Review or Deemed In0056063140 1015 INDIANA STREET DVR21-0013 SFD O 11/24/2021 1 1 No No No Pending Under Review or Deemed In Table A
Housing Development Applications Submitted
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes (CCR Title 25 §6202)
Density Bonus Applications
10 DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 0074042160 110 CEDAR STREET DVR21-0019 SFD O 12/20/2021 1 1 No No No Pending Under Review or Deemed In 0069034010 113 PAJARO WAY DVR21-0009 SFD O 12/07/2021 1 1 No No No Pending Under Review or Deemed In0054183080 1903 EL DORADO STREET DVR21-0012 2 to 4 O 11/23/2021 2 2 No No No Pending Under Review or Deemed In0057122030 1921 OHIO STREET DVR21-0010 2 to 4 O 11/15/2021 3 3 No No No Pending Under Review or Deemed In0067150280 5180 SONOMA BLVD 100 DVR21-0021 5+ R 12/21/2021 418 418 No No No Pending Under Review or Deemed In0061051010 759 SONOMA BOULEVARD DVR21-0001 5+ R 08/12/2021 5 11 16 Yes-But no action taken
No No Pending
SB35 Review
0071061540 78 SPRINGS ROAD DVR21-0008 5+ R 10/19/2021 24 24 No No No Pending Under Review or Deemed In0056063140 1015 INDIANA STREET ZC21-0034 ADU R 11/24/2021 1 1 No No No Pending Under Review or Deemed In0054233110 1036 HIGHLAND AVENUE ZC21-0006 ADU R 09/16/2021 1 1 1 No No No Approved0074043320 109 MAPLE AVENUE ZC21-0012 ADU R 10/06/2021 1 1 1 No No No Approved0074042160 110 CEDAR STREET ZC21-0041 ADU R 12/20/2021 1 1 No No No Pending Under Review or Deemed In0062052270 112 ORANGE STREET ZC21-0036 ADU R 12/06/2021 1 1 1 No No No Approved0056041020 117 ILLINOIS STREET ZC21-0040 ADU R 12/20/2021 1 1 1 No No No Approved0054195080 1235 TUOLUMNE STREET ZC21-0017 ADU R 10/14/2021 1 1 1 No No No Approved0057022170 1256 ARKANSAS STREET ZC21-0033 ADU R 11/29/2021 1 1 1 No No No Approved0059046200 1337 RYDER STREET ZC21-0003 ADU R 09/20/2021 1 1 1 No No No Approved0054154250 139 CLAREMONT AVENUE ZC21-0004 ADU R 09/22/2021 1 1 1 No No No Approved0068392100 140 GINA COURT ZC21-0013 ADU R 10/06/2021 1 1 1 No No No Approved0057136350 1427 FLORIDA STREET ZC21-0019 ADU R 10/19/2021 1 1 1 No No No Approved0074182220 176 DENTON COURT ZC21-0011 ADU R 10/04/2021 1 1 1 No No No Approved0057151050 1841 L ELLENBURG STREET ZC21-0009 ADU R 09/28/2021 1 1 1 No No No Approved0074033430 226 REIS AVENUE ZC21-0030 ADU R 11/16/2021 1 1 1 No No No Approved0071062080 27 ROCKWOOD COURT ZC21-0007 ADU R 09/23/2021 1 1 1 No No No Approved0071062040 28 ROCKWOOD COURT ZC21-0008 ADU R 09/23/2021 1 1 1 No No No Approved0082174100 30 BRUNSWICK COURT ZC21-0020 ADU R 10/26/2021 1 1 No No No Pending Under Review or Deemed In0057191030 421 PHELAN AVENUE ZC21-0038 ADU R 12/07/2021 1 1 1 No No No Approved0074051080 468 IDORA AVENUE ZC21-0032 ADU R 11/29/2021 1 1 1 No No No Approved0059055110 508 CENTRAL AVENUE ZC21-0018 ADU R 10/14/2021 1 1 1 No No No Approved0071016140 520 GRENNAN AVENUE ZC21-0035 ADU R 11/30/2021 1 1 1 No No No Approved0061121130 742 PORTER STREET ZC21-0028 ADU R 11/10/2021 1 1 1 No No No Approved0061190020 946 PINE STREET ZC21-0031 ADU R 11/22/2021 1 1 1 No No No Approved 0 DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 Jurisdiction Vallejo ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 23 56 89 11 12 13
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Entitlement Date Approved # of Units issued Entitlements Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Building Permits Date Issued # of Units Issued Building Permits Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Certificates of Occupancy or other forms of readiness (see instructions) Date Issued # of Units issued Certificates of Occupancy or other forms of readiness How many of the units were Extremely Low Income?+ Summary Row: Start Data Entry Below 0 0 0 0 0 0 66 66 0 0 0 0 0 0 37 37 0 0 0 0 0 0 18 18 0 0081392030 225 MASONIC DRIVE SU21-0001 ADU R 1 1/11/2021 1 0 1 12/14/2021 10054152340 268 FAIRMONT AVENUE SU21-0003 ADU R 1 2/9/2021 1 0 0 0054032020 2347 ALAMEDA STREET SU21-0005 ADU R 1 2/9/2021 1 0 00056235010 807 YORK STREET SU21-0006 ADU R 1 2/11/2021 1 0 00068303120 490 CHRISTOPHER WAY SU21-0007 ADU R 1 2/16/2021 1 0 00068391090 471 MCGRUE CIRCLE SU21-0011 ADU R 1 3/15/2021 1 0 0 0069062170 460 CLARK DRIVE SU21-0012 ADU R 1 3/15/2021 1 0 00069062130 456 CLARK DRIVE SU21-0013 ADU R 1 3/16/2021 1 0 00067085170 110 IMELDA STREET SU21-0014 ADU R 1 3/16/2021 1 0 00051234040 3005 SONOMA BOULEVARD SU21-0016 ADU R 1 3/31/2021 1 1 6/2/2021 1 00057101290 1420 OHIO STREET SU21-0018 ADU R 1 3/29/2021 1 1 10/6/2021 1 00053112050 320 HERMOSA AVENUE SU21-0019 ADU R 1 3/30/2021 1 0 00068155200 712 GATEWAY DRIVE SU21-0020 ADU R 1 4/2/2021 1 1 10/6/2021 1 00057124020 1909 LOUISIANA STREET SU21-0021 ADU R 1 4/1/2021 1 0 00057113230 527 SPRINGS ROAD SU21-0022 ADU R 1 4/1/2021 1 0 00071145090 2933 IRWIN STREET SU21-0023 ADU R 1 4/7/2021 1 1 6/3/2021 1 00071018040 521 SHELDON AVENUE SU21-0024 ADU R 1 4/9/2021 1 0 0 0067101090 225 RINALDO DRIVE SU21-0025 ADU R 1 4/27/2021 1 1 10/7/2021 1 00054045070 53 NORTH CAMINO ALTO SU21-0027 ADU R 1 4/1/2021 1 0 00057081040 1745 TENNESSEE STREET SU21-0028 ADU R 1 5/4/2021 1 0 0 0071131530 738 STEFFAN STREET SU21-0029 ADU R 1 5/18/2021 1 0 00068072190 204 FALCON DRIVE SU21-0031 ADU R 1 5/27/2021 1 0 00057121070 1837 LOUISIANA STREET SU21-0032 ADU R 1 6/9/2021 1 0 0 74103100 307 Alhambra Avenue SU21-0033 ADU R 1 6/14/2021 1 0 074103100 307 Alhambra Avenue SU21-0034 ADU R 1 6/11/2021 1 0 0 0051173330 29 FREY PLACE SU21-0035 ADU R 1 6/15/2021 1 0 00055121020 211 FLORIDA STREET SU21-0036 ADU R 1 6/15/2021 1 1 10/14/2021 1 0 74042320 393 Idora Avenue SU21-0037 ADU R 1 6/24/2022 1 0 0 0061033220 403 FIFTH STREET SU21-0038 ADU R 1 6/25/2021 1 0 0 57117070 1739 Louisiana Street SU21-0039 ADU R 1 6/28/2021 1 0 1 11/15/2021 157122050 1935 Ohio Street SU21-0049 ADU R 1 6/28/2021 1 1 12/23/2021 1 0 0082053180 823 KNIGHTS CIRCLE SU21-0041 ADU R 1 10/4/2021 1 0 0 57102080 1445 Ohio Street SU21-0043 ADU R 1 7/30/2021 1 0 0 0068503080 105 ARABIAN COURT SU21-0044 ADU R 1 8/4/2021 1 0 00052381070 111 SOMERSET COURT SU21-0045 ADU R 1 8/9/2021 1 0 00056192050 341 GEORGIA ST 303 SU21-0046 ADU R 1 8/23/2021 1 0 0 0056192050 341 GEORGIA ST 303 SU21-0047 ADU R 1 8/23/2021 1 0 00051190250 111 BOYSEN STREET SD19-0011 2 to 4 O 2 7/7/2021 2 0 0 0074022070 153 IDORA AVENUE SD19-0018 2 to 4 R 4 7/7/2021 4 0 00057194030 349 FOURTEENTH STREET SD19-0016 SFD O 1 7/7/2021 1 0 00057113280 640 TUOLUMNE ST SD21-0020 2 to 4 R 3 7/8/2021 3 0 00055123080 729 SANTA CLARA STREET SD21-0001 SFD O 1 7/8/2021 1 0 00074043320 109 MAPLE AVENUE ZC21-0012 ADU R 1 10/6/2021 1 0 00062052270 112 ORANGE STREET ZC21-0036 ADU R 1 12/21/2021 1 0 00054195080 1235 TUOLUMNE STREET ZC21-0017 ADU R 1 10/18/2021 1 0 00057022170 1256 ARKANSAS STREET ZC21-0033 ADU R 1 11/29/2021 1 1 12/23/2021 1 0 0059046200 1337 RYDER STREET ZC21-0003 ADU R 1 9/20/2021 1 0 0 0054154250 139 CLAREMONT AVENUE ZC21-0004 ADU R 1 9/22/2021 1 0 0 0068392100 140 GINA COURT ZC21-0013 ADU R 1 10/6/2021 1 0 0 0057136350 1427 FLORIDA STREET ZC21-0019 ADU R 1 10/26/2021 1 0 00074182220 176 DENTON COURT ZC21-0011 ADU R 1 10/15/2021 1 0 00057151050 1841 L ELLENBURG STREET ZC21-0009 ADU R 1 10/4/2021 1 0 00074033430 226 REIS AVENUE ZC21-0030 ADU R 1 11/29/2021 1 0 00071062080 27 ROCKWOOD COURT ZC21-0007 ADU R 1 9/23/2021 1 0 00071062040 28 ROCKWOOD COURT ZC21-0008 ADU R 1 9/23/2021 1 0 00057191030 421 PHELAN AVENUE ZC21-0038 ADU R 1 12/21/2021 1 0 00074051080 468 IDORA AVENUE ZC21-0032 ADU R 1 12/15/2021 1 0 00059055110 508 CENTRAL AVENUE ZC21-0018 ADU R 1 10/21/2021 1 0 0 0071016140 520 GRENNAN AVENUE ZC21-0035 ADU R 1 12/21/2021 1 0 00061121130 742 PORTER STREET ZC21-0028 ADU R 1 11/23/2021 1 0 00061190020 946 PINE STREET ZC21-0031 ADU R 1 11/29/2021 1 0 00074043380 374 REIS AVENUE BP18-1082 ADU R 0 1 12/06/2021 1 00057032160 1948 ILLINOIS STREET BP20-0253 ADU R 0 1 07/27/2021 1 0 0072053260 127 COTTONWOOD AVE BP20-0729 ADU R 0 1 04/13/2021 1 0 0056212130 930 YORK STREET BP20-0771 ADU R 0 1 01/14/2021 1 0 0059114140 116 MULLER STREET BP20-0785 ADU R 0 1 05/27/2021 1 0 0059092180 118 BUSS AVENUE 2 BP20-0917 ADU R 0 1 06/08/2021 1 0 0081113080 171 SUFFOLK LANE BP20-0942 ADU R 0 1 04/21/2021 1 0 0081113080 171 SUFFOLK LANE BP20-0943 ADU R 0 1 04/21/2021 1 0 0051234340 240 NEBRASKA STREET UNIT 2 BP20-0970 ADU R 0 1 01/04/2021 1 1 12/1/2021 1 0051234340 240 NEBRASKA STREET UNIT 3 BP20-0971 ADU R 0 1 01/04/2021 1 1 12/1/2021 10052441010 300 PHOENIX CIRCLE BP20-1096 ADU R 0 1 01/05/2021 1 0 0057191260 306 MAYO AVENUE BP20-1152 ADU R 0 1 11/08/2021 1 00052061530 205 B. W. WILLIAMS DRIVE BP20-1252 ADU R 0 1 01/25/2021 1 1 5/28/2021 1 0053111090 305 HERMOSA AVENUE BP20-1288 ADU R 0 1 04/12/2021 1 0 0079482100 368 SANDY NECK WAY BP20-1419 ADU R 0 1 02/01/2021 1 1 4/8/2021 1 0059063040 1721 GEORGIA STREET BP20-1473 ADU R 0 1 10/25/2021 1 0 0074110440 481 REIS AVENUE BP20-1567 ADU R 0 1 05/27/2021 1 0 51234340 240 NEBRASKA STREET 1 BP20-0969 SFD O 0 1 1/4/2021 1 1 12/1/2021 1 0072081060 243 GRAPEWOOD STREET BP19-0147 ADU R 0 0 1 1/19/2021 1 0074052040 484 WOODROW AVENUE BP19-0961 ADU R 0 0 1 4/6/2021 10075105400 202 DEL SUR STREET BP19-1153 ADU R 0 0 1 3/25/2021 10074110220 461 REIS AVENUE BP19-1305 ADU R 0 0 1 2/17/2021 1 0068183080 148 SIMONTON STREET BP20-0756 ADU R 0 0 1 4/26/2021 10057212170 250 THIRTEENTH STREET BP20-0772 ADU R 0 0 1 4/15/2021 10067314250 384 MEADOWS DRIVE BP20-0837 ADU R 0 0 1 2/10/2021 10066122040 1522 FLAGSHIP DRIVE BP16-1562 SFD O 0 0 1 3/26/2021 10066122030 1526 FLAGSHIP DRIVE BP16-1563 SFD O 0 0 1 3/26/2021 1 68084020 101 Falcon Drive BP2021-0042 ADU R 0 1 7/12/2021 1 0 68391090 471 McGurue Circle BP2021-0137 ADU R 0 1 9/27/2021 1 0 69164090 101 Reverse Street BP2021-0138 ADU R 0 1 9/22/2021 1 0 68303120 490 Christopher Way BP2021-0260 ADU R 0 1 7/29/2021 1 0 69062170 460 Clark Drive BP2021-0359 ADU R 0 1 12/20/2021 1 0 54071370 120 Greenfield Avenue BP2021-0397 ADU R 0 1 10/15/2021 1 0 54045070 52 North Camino Alto BP2021-0450 ADU R 0 1 8/13/2021 1 0 82263160 129 Fleet Street BP2021-0486 ADU R 0 1 5/26/2021 1 0 75044030 827 La Canyada drive BP2021-0674 ADU R 0 1 6/14/2021 1 0 75044030 827 La Canyada drive BP2021-0675 ADU R 0 1 6/14/2021 1 0 54182140 214 texas Street BP2020-1607 ADU R 0 0 1 1/28/2021 1 68131070 114 McGrue Ave BP2021-1231 ADU R 0 1 9/17/2021 1 1 12/7/2021 1 0 0 00 0 00 0 0
Note: "+" indicates an optional field
Project Identifier
(CCR Title 25 §6202)
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 Jurisdiction Vallejo ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 5th Cycle 01/31/2015 - 01/31/2023 (CCR Title 25 §6202) 1 34
RHNA Allocation
by Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years) Total Remaining RHNA by Income Level Deed Restricted - - - - - - - - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted - - - - - - - - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted - - - - - - - - -
Non-Deed Restricted - - - - - - - - -
Above Moderate 690 - 47 44 55 64 41 37 - - 288 402
1,362
- 47 44 55 64 41 37 - - 288 1,074
Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units. 178
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.
Total RHNA
Total Units
Income Level
Very LowLowPlease note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 211
-
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. -
Moderate
283 178 211
Please contact HCD if your data is different than the material supplied here -
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
283
DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 Jurisdiction Vallejo ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 5th Cycle 01/31/2015 - 01/31/2023 Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above Moderate- Income Rezone Type Parcel Size (Acres) General Plan Designation Zoning Minimum Density Allowed Maximum Density Allowed Realistic Capacity Vacant/Nonvacant Description of Existing Uses Note: "+" indicates an optional fieldCells in grey contain auto-calculation formulas Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
(CCR Title 25 §6202)
DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 Jurisdiction Vallejo
Reporting Year 2021 (Jan. 1 - Dec. 31)
D_1_Name D_2_Objective D_3_Time D_4_Status
1234
Name of Program Objective Timeframe in H.E Status of Program Implementation Program A 1.1.1: Housing
Element Annual Review
Prepare an annual analysis of the City's progress in implementing the Housing Element, for submittal to City Council and HCD.
Expand inventory of available sites to accommodate unmet need, as necessary Annual
2016 annual review analysis submitted
2017 annual review analysis submitted
2018 annual review analysis submitted
2019 annual review analysis submitted
2020 annual review analysis submitted
2021 Annual Review Analysis Submitted
Program A 1.1.2: Vacant
Land Inventory and RHNA
Monitoring
Maintain a vacant land inventory for residential, commercial, and industrially zoned parcels, and update inventory (site information) as projects are approved through the Planning Division.
Annually review inventory to ensure enough land to meet the City's RHNA allocation through the 5th cycle planning period.
Ongoing (2023) and
Annual
Vacant Land Inventory monitoring is ongoing since last Housing Element update.
Vacant land inventory and housing priority are being discussed in the new kick off of the Housing Element update .
Program A 1.1.3: MixedUse Development
Encourage and facilitate residential development in mixed-use zones, particularly units affordable to extremely low-, low- and very low-income households.
With General Plan update, Sonoma Blvd Specific Plan, and Zoning Code update, consider providing more flexibility for mixed-use development with residential units on the ground floor of certain commercial areas (except for storefronts abutting the public sidewalk) or under certain conditions.
Facilitate the construction of residences in mixed-use developments and high density by: 1) discouraging the development of exclusively commercial projects in areas designated for mixed-use; 2) providing marketing materials on the City's website that delineate site opportunities for mixed- use and provide technical assistance for developers; 3) providing developers a predicable path to entitlement of mixed- use projects; 4) encouraging lot consolidation for mixeduse developments; and 5) establishing a protocol to monitor development interest and progress toward mixed-use development.
Genereal Plan, Specific
Plan adopted in 2017:
Zoning Code adopted in
2021
General Plan 2040 and Sonoma Blvd. Specific Plan was adopted August 2017.
With the adoption of the new zoning code, the following zoning districts all mixed-use or fully residential projects:
- Neighborhood Mixed Use
- Downtown Mixed Use
- Waterfront Mixed Use
-Neighborhood Commercial
- Waterfront Commercial
- Central Corridor
- Regional Commercial
Staff has created a entitlment flow chart that provides developers a predicable path to entitlement of projects.
Program A 1.1.4: High
Density
As part of the General Plan update and Zoning Code update, increase density of high density residential from 27 to 30 units per acre.
Zoning Code adopted in
2021
With the adoption of the zoning code, the General Plan Land Use Designations were amended from a minimum of 30 units to a maximum of 50 units per acre, down to a minimum of 16 units to a maximum of 50 units per acre to allow the increase of residential. In the Zoning Code Residential High Density now allows a maximum of 40 units per acre.
Program A 2.1.1:
Underutilized Commercial
Land Conversion Program
With General Plan and Zoning Code update, expand opportunities for residential and mixed-use development.
With Zoning Code update, offer regulatory incentives, such as expedited permit processing, for projects that contain an affordable housing component.
Promote the availability of both underutilized sites and regulatory incentives through the City's website, during pre-application meetings, and during other relevant community outreach workshops/meetings.
Monitor the supply of underutilized sites and evaluate whether the incentives are providing the necessary catalyst to ensure that development is occurring consistent with the RHNA needs.
Make changes to this program to ensure that infill development remains a realistic and viable development strategy.
Study, site inventory 2015;
General Plan 2017; Zoning
2021; Other ongoing.
With the adoption of the new zoning code, the following zoning mixed use districts allow opportunites for residential and mixed use development:
Neighborhood Mixed Use
- Downtown Mixed Use
- Waterfront Mixed Use
-Neighborhood Commercial
- Waterfront Commercial
- Central Corridor
- Regional Commercial
Phase II of the Zoning Code update will include regulatary incentives.
Program A 3.1.1: Removal
of Governmental
Constraints
With Zoning Code update, review local regulations to remove or mitigate constraints on the production of housing, where possible, including: a) remove regulations requiring a major conditional use permit for multi-family housing; b) allow licensed group home and other residential facilities with 6 or fewer residents by right in residential areas accordance with State law; c) encourage housing suitable for extremely low-income households.
Zoning Code adopted in
2021
With the adoption of the new zoning code, new multi-family projects do not require a major use permit. Depending on the proposed number of units, a development review and design review entitlements are triggered. 2-10 units permitted subject to Director decision. 11-49 units permitted subject to Director decision with Design Review board recommendation. 50 or more units requires Design Review board recommendation and Planning Commission decision. If project complies with state Gov. Code sec. 65589.4, project is exempt from Design Review board and Planning Commission review. b. Definition of group home of 6 or fewer now permitted by right, and, c. the streamlining of new housing will encourage all forms of new dwellings.
Program A 3.1.2: Density
Bonus Amendment
With Zoning Code update, incentivize the development of affordable housing, including increased density allowances and reduced parking standards in compliance with State law.
Zoning Code adopted in
2021
The zoning code reduced the number of parking spaces from two per unit to one per unit. Parking is not required for JADUs or ADUs that are within 1/2 a mile from an active transit stop.
Program A 4.1.1: Housing
Marketing and Promotion
Facilitate the development of housing that is affordable to households with a wide range of incomes, particularly in the downtown area, by updating land use policies and regulations and marketing and branding the City as an investment opportunity for moderate and above moderate income households.
Zoning Code adopted in
2021
The zoning code removed the requirement of a Major Use Permit for residential projects. All new commercial and mixed-use zoning districts allow residential uses.
Program B 1.1.1: Section 8
Rental Subsidy Program
(Tenant-Based)
Apply to HUD for vouchers, if available, for extremely low-, very low-, and lowincome households, making extremely low-income households a priority. (VHA) Continue owner outreach efforts, including the Family Self-Sufficiency Program, a property manager meetings, regular presentations to the Solano Board of Realtors, and participation in the Napa/Solano Advisory Chapter of the California Apartment Association. (VHA)
Continue to contract with gosection8.com, an online landlord listing service to attract new landlords. (VHA)
Ongoing
The City Council approved an increase of the Tenant Based Rental Assistance vouchers. The City Council also adopted housing strategy, which prioiritized the establishment of a Self-Sufficiency Program to promote economic growth.
Program B 2.1.1: BelowMarket-Rate Financing
Program (New
Construction)
Explore the feasibility of adopting a Housing Impact Fee that would assist in meeting Vallejo's "fair share" of Regional Housing Needs Allocations.
Annually Apply for
affordable housing funds;
ongoing
Applied for affordable funds for four of the City's pipeline projects. Ongoing.
Program B 2.1.2: Housing
Impact Fee
Explore the feasibility of adopting a Housing Impact Fee that would assist in meeting Vallejo's "fair share" of Regional Housing Needs Allocations. Ongoing (2023) Established a housing strategy in 2020 to create a framework to establish policies that will create housing for an array of different income levels.
Exploration/feasibility of HIA under consideration.
Program B 2.1.3:
Commercial Linkage Fee
Explore the feasibility of a Commercial Linkage Fee that would provide an additional source of funding for affordable housing (i.e. jobs/housing nexus study).
Conducted in 2017 In progress.
Program B.2.1.4 LowModerate Income Housing
Funds
Support very low- and extremely low- income housing development with RDA Successor Agency funds. Seek new funding sources for the development of affordable housing.
Ongoing Ongoing.
Program B.2.1.5: Explore
Additional Funding
Opportunities
Seek additional funding for extremely low income rental housing from State and Federal resources, such as funding from the national Housing Trust Funds when funding becomes available, HOME funds, and CDBG.
Ongoing; Apply as
funding becomes
available
Applied for Homekey and NPLH funds in 2021.
Program C 1.1.1:
Conversion Monitoring
and Response Program
If City receives notice by owners of planned conversion of units to market rate, contact qualified and interested nonprofit organizations to begin developing plans to preserve, acquire, or replace the affordable units and notify tenants of affected properties of their rights, potential date of conversion, and options.
Consider additional outreach such as hosting workshops and distributing updated information on the web. Contact owners at least two years prior to expiration date to determine best approach to keep the units affordable.
Investigate the status of Ascension Arms to ascertain the risk of conversion to market rate, and take immediate action to prevent conversion.
Ongoing (2023)
Ongoing. Ascension Arms renewed affordability period with HUD for all units through March 1, 2027.
Program C 1.1.2: BelowMarket-Rate Financing
Program (Preservation)
Utilize available tax-exempt bond financing, CDBG, HOME funds, and Housing Authority
reserves to assist housing operators to acquire and preserve as affordable units at risk of converting to market rates.
Ongoing (2023) Ongoing.
Program C 2.1.1
Condominium Conversion
Ordinance
With Zoning Code update, review the current condominium conversion regulations to consider their effectiveness to mitigate potential displacement of affordable units and to address complexes with approved condominium maps that are yet to be converted.
Zoning Code adopted in
2021
Zoning code update has adopted a condominium converion ordinance of existing buildings.
Housing Programs Progress Report
Table D
Program Implementation Status pursuant to GC Section 65583
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 Program D 1.1.1: FirstTime Homebuyer Program
Continue the City's first-Time Homebuyer Program, with an intention to provide homeownership opportunities to 5 or more potential homeowners for households at or below 120 percent of the area median income. Consider establishing a program to give priority criteria to homes located in older neighborhoods to increase ownership investment in those areas.
Ongoing (2023)
Ongoing.
CHDC selected in 2020 to provide homebuyer counseling and downpayment assistance.
Program D 1.1.2: SweatEquity Program for
Homeownership
Consider implementing a program to provide financial subsidies to prospective homeowners in exchange for investing sweat equity in rehabilitating an existing home that is in need of significant repair.Consider targeting the program to foreclosed or blighted dwellings and working with a nonprofit organization such as Habitat for Humanity, which specializes in sweat-equity programs. 2017. In 2019 identify an
afforable work force
project for teachers
working in local schools.
Council authorized staff to negiotate the acquisition of a site to construct workforce housing project.
Program D 1.1.3: Section 8
Homebuyer Assistance
Program
Reinstate and administer a program offering homebuyer classes and financial assistance, assuming available HUD financing, to Section 8 recipients to help in the purchase of a home.
Ongoing (2023) Online Educational Program, ongoing. Selected CHDC to provide homebuyer courses.
Program D 1.1.4: Family
Self-Sufficiency Program
Administer the Family Self-Sufficiency Program, with a maximum number of participants set at 50. Ongoing (2023) Ongoing. City Council approved a housing strategy framework, priortizing a SelfSufficiency Program to increase economic growth for residents.
Program D 1.1.5: Mobile
Home Permitting
With the Zoning Code update, clarify that a single mobile home or a manufactured house on a permanent foundation will be processed and permitted the same as conventional single family homes in all zoning districts.
Zoning Code adopted in
2021
In progress. In 2019 launched an outreach campaign to increase FSS Program to an additional 23 eligble applicants.
New zoning code treats single mobile home or a manufactured house on a permanent foundation will be processed and permitted the same as conventional single family homes
Program E 1.1.1: Section 8
Rental Subsidy Program
(Tenant Based, Special
Needs)
Meet with service providers on an annual basis to discuss opportunities to expand supportive housing, affordable housing that provides on-site services to people who may need support to live independently, for special needs populations, e.g., formerly homeless individuals and families, people with HIV/AIDS or physical disabilities, and young people aging out of foster care.
Ongoing (2023); annual. Service providers, developers, and landlord policy working group established recurring meetings.
Program E 1.1.2: Senior
Housing Needs
Identify the existing and future housing needs of senior citizens and identify annual funding opportunities. Apply for funding to complete a senior needs survey annually and/or as Notice of Funding Available (NOFAS) are released.
Meet with affordable housing/senior housing developers, senior stakeholder groups, and other senior housing advocates such as the Legal Services of Northern California on an annual basis to discuss available sites and senior needs in the community. With Zoning Code update, provide incentives to developers to provide housing, care choices, and age in place options for seniors of all income levels.
Ongoing. Meet regularly
with developers
Programs under consideration. City Staff will evaluate opportunities to remove constraints and streamline housing project approvals.
Program E 1.1.3:
Homeless Needs
To identify the number of homeless persons, complete a Point in Time count to augment the HUD Continuum of Care Report 2013. Partner with agencies and other community organizations to pursue funding from available sources for homeless services.
Annually apply for grants where appropriate or encourage/partner with local and regional nonprofit organizations that wish to apply for such grants.
Ongoing (2023).
Conduct Point in Time (PIT) in January. Last unsheltered PIT count, Jan 23, 2019.
Jan 2021 PIT Count postpone due to COVID19, until Jan 2022.
Applied for grants to operate Project Roomkey program. Worked county to establish a hotel voucher program.
Program E 1.1.4:
Community Action
Partnership of Solano
County
Continue to be an active member on the Community Action Partnership of Solano County Board (CAP Solano), a joint powers authority, to coordinate homeless services and develop a regional response to homeless needs.
Ongoing (2023) Ongoing.
Working with local and county service providers.
Program E 1.1.5:
Reasonable
Accommodations
As part of the Zoning Code update, and as required by both the federal Fair Housing Act and the California Fair Employment and Housing Act, establish a procedure for allowing reasonable accommodation requests made by persons with disabilities for exceptions or modifications and other special considerations during the planning and building permit review process.
Zoning Code adopted in
2021 Reseaonable accomodation procedure included in Zoning Code Program E 1.1.6: Universal
Design
Inform homebuilders regarding Universal Design features that can be incorporated into new houses, condominiums, and townhomes, including on the Planning Division's website, at the Planning Division's information counter, and at the Building Division's permit counters
Ongoing (2023) Ongoing.
Program E 1.1.7: Support
for Persons with
Developmental Disabilities
Explore successful models implemented in other Bay Area cities that encourage the creation of housing for persons with developmental disabilities.
Seek outside funding sources for housing construction and rehabilitation specifically targeted for housing for persons with disabilities.
Ongoing Ongoing
Program E 1.1.8:
Employee Housing
With Zoning Code update, ensure local zoning, development standards and permitting processes comply with California Health and Safety Code Sections 17021.5 and 17021.6. Section 17021.5 for Employee Housing.
Zoning Code adopted in
2021 Employee housing definitions included in Zoning Code Program F 1.1.1: Housing
Discrimination Monitoring
and Referral Program
Publicize fair housing requirements and the availability of assistance (VHA).
For Section 8 participants, accept and investigate complaints of housing discrimination and works with Fair Housing Napa Valley regarding the incidence of housing discrimination complaints on other cases (VHA).
Ongoing (2023)
Ongoing. Added a second legal aid provider to the local Resource Guide to expand the availability of this service. Developing a new framework to mediate just cause evictions.
Program F 1.1.2: Analysis
of Impediments
Coordinate efforts to further fair housing and equal opportunity through an update and revision of the local Analysis of Impediments to Fair Housing document (AI), as required by the U.S. Department of Housing and Urban Development (HUD). (VHA).
Ongoing (2021) Updating Analysis of Impediments June 2021.
Program G 1.1.1: Housing
Rehabilitation Program
Provide funds to assist very low-, low-, and mo+A55:B59derate-income households to undertake repairs to their homes to bring them into a good state of repair and maintain them as viable units in the local housing stock. (VHA) Annually Released and RFP in 2020 to hire an operator to adminster an owner occupied rehab program.
Program G 1.1.2:
Neighborhood Amenities
Evaluate proposals for higher density residential development to determine what, if any, project-serving retail or services could be incorporated into the project or concurrently developed adjacent to the project which would offer residents the ability to meet their everyday needs easily and efficiently.
Ongoing (2023). Ongoing.
Program G 2.1.1: Code
Enforcement Program
Continue to aggressively enforce existing codes through its Code Enforcement Program, utilizing all available authorities to compel property owners to correct code violations.
Ongoing (2023). Ongoing.
Continuing code enforcement and neighborhood law program.
Program: G 3.1.1: Capital
Improvement Program
When updating capital improvement projects, collaborate with Vallejo Flood and Wastewater District to allocate resources to rehabilitate and/or replace infrastructure in older neighborhoods whose infrastructure is approaching obsolescence. (VPW).
CIP Update Annually Meet quarterly; CIP update accordingly.
Program G 4.1.1: Rental
Property Inspection
Program
Present a resolution of intention to the City Council regarding a rental property inspection program.
Implement program by
late 2015.
After conducting a cost study, this program for market rate units was determined to be financially infeasible. An alternate inspection model is being explored with the Housing Authority, Fire Department and Building Division, recommend 2023.
Program G 4.1.2: Crime
Prevention Program
(Crime Free-Multi-Housing
Program)
Continue the crime-free rental housing program to target and help rehabilitate existing and new multi-family complexes.
Work with the Police Department to evaluate multi-family complexes and provide rehabilitation and surveillance recommendations to address crime and safety and to promote the implementation of Crime Prevention through Environmental Design (CPTED) strategies.
Reinstate existing
program end of 2015.
Program suspended in 2020, and transitioning from the Crime Free MultiHousing Program (CFMHP) to the Vallejo Community Public Safety Program (VCPS) that will lead public safety information meetings, share crime data, crime prevention practices, and other public safety information with local neighbors within each specified district.
Program G 5.1.1 Mills Act
Program
Promote the use of Mills Act contracts to ensure the rehabilitation, maintenance, and preservation of historic resources through information located on the City's website.
Review as projects
submitted Ongoing.
Program H 1.1.1:
Neighborhood Park
Access Program
Encourage the development of public neighborhood or pocket parks for new subdivisions.As part of the Zoning Code update and other means, require that developers proposing to build parks and park facilities will do so concurrently with residential construction to ensure these amenities are available to existing and new residents within a reasonable amount of time from project approval.
As subdivisions are
submitted or multi-family
project; Zoning Code
adopted in 2021
Zoning Code adopted in 2021 requires common and private open space for all multi-family projects.
Program H 1.1.2:
Neighborhood Services
Evaluate, and if appropriate, encourage the development of services, such as child-care centers, within or adjacent to neighborhoods that will allow residents to minimize vehicle trips and access services close to home.
Incorporate neighborhood serving uses into the Zoning Code update.
Zoning Code adopted in
2021
Zoning Code permits child care and early education facilities within the rural residential zoning district a minor use permit in Residential Low, Medium, and High density.
Program H 2.1.2:
Downtown Vallejo
Specific Plan and Sonoma
Boulevard Specific
Implement the Downtown Vallejo and Sonoma Boulevard Specific Plans to introduce high-density mixed-use housing while revitalizing existing retail and commercial areas.
Encourage the development of affordable housing units to implement residential development as part of the Specific Plan goals.
Zoning Code adopted in
2021
The Downtown Mixed Use zoning district permits a minimum of 30 units to a maximum of 50 units per acre. The Central Corridor zoning district permits a minimum of 16 units to 50 units per acre.
DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 Program H 2.1.3:
Live/Work Ordinance
Continue to permit live/work unit applications with an administrative review process to facilitate the development of live/work units.
Zoning Code adopted in
2021 Zoning Code now permits Live/Work units with zoning compliance review.
Program H 2.1.4: TransitOriented Development
(TOD)
Implement the goals of the Mare Island Specific Plan, Waterfront Planned Development Master Plan, and Sonoma Boulevard Specific Plan to implement transit-oriented development.Rezone underutilized areas near transit stops or along major transit corridors as mixed-use and offer regulatory incentives, such as relaxed development standards, building setbacks, height, FARs, and parking, to encourage transit-oriented development.
Zoning Code adopted in
2021
The zoning code implementa the goals of the Mare Island Specific Plan, Waterfront Planned Development Master Plan, and Sonoma Boulevard Specific Plan to implement transit-oriented development
Program H 3.1.1: Design
Review
With the Zoning Code update, establish design review criteria, or rely on formbased code in FBC areas, to use in determining whether proposed infill projects are compatible with the existing neighborhoods in which they are proposed.
Zoning Code adopted in
2021
New Design findings added to Code.
Program H 3.1.2: Design
Guidelines for Housing
Quality
Establish residential design guidelines, or rely on form-based code in FBC areas, to ensure residential development projects are consistent with the goals of this Housing Element, produce better housing and neighborhoods, and improve the quality of life for existing and future Vallejo residents.
Annually
Design Guidelines will be part of a future phase.
Program I 1.1.1: Energy
Conservation Partnership
Program
Continue and establish partnerships with local utility providers and other organizations to promote participation in available energy efficiency programs (e.g. BayREN, HERO and California Frist, PACE, Rising Sun's California Youth Energy Services (CYES); PG&E Comfort Home Program; rebates for energyefficient appliances). (VBD).
Annually In progress.
Program I 1.1.2: Green
Building Code
Enforce the Green Building Code (Cal-Green) to facilitate the implementation of green building features in new housing units, including possible developing a brochure which would provide developers with a range of green building design features to choose from that will satisfy the requirements of the ordinance. (VBD).
Completed and Ongoing Cal Green enforced. Educational brochures on going Program I 1.1.3: Incentives
for Green Building
Provide incentives, such as project expediting and a study of fee reductions, to encourage the implementation of features that exceed Cal-Green standards. (VBD, VPD)
Annually In progress.
DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 Jurisdiction Vallejo ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 5th Cycle 01/31/2015 - 01/31/2023 Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
34 APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Very Low Income Low Income Moderate Income Above Moderate Income Description of Commercial Development Bonus Commercial Development Bonus Date Approved Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 Jurisdiction Vallejo ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulasPlanning Period 5th Cycle 01/31/2015 - 01/31/2023 (CCR Title 25 §6202) Extremely LowIncome+ Very Low-Income+ Low-Income+ TOTAL UNITS+ Extremely Low- Income+ Very Low- Income+ Low-Income+ TOTAL UNITS+ Rehabilitation ActivityPreservation of Units At-RiskAcquisition of Residential UnitsMobilehome Park PreservationTotal Units by Income Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields. The description should adequately document how each unit complies with subsection (c) of Government Code Section 65583.1+
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 Jurisdiction Vallejo
Reporting Period 2021 (Jan. 1 - Dec. 31)Planning Period 5th Cycle 01/31/2015 - 01/31/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
23 4
APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Realistic Capacity Identified in the Housing Element Entity to whom the site transferred Intended Use for Site 1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional fieldCells in grey contain auto-calculation formulas (CCR Title 25 §6202)
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.
DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 Jurisdiction Vallejo
Note: "+" indicates an optional field
Reporting Period 2021
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation formulas
Designation Size Notes
1 2 34 5 6 7
APN Street Address/Intersection Existing Use Number of Units Surplus Designation Parcel Size (in acres) Notes Summary Row: Start Data Entry Below
Parcel Identifier
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Table H
Locally Owned Surplus Sites
DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 Jurisdiction Vallejo
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
37 37
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 2 1 3
2 to 4 9 0 0
5 + 0 0 0
ADU 55 36 15
MH 0 0 0
Total 66 37 18
95 853
80 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 00
Low 0 00
Moderate 0 00
Above Moderate 0 00
Total 0 00
Cells in grey contain auto-calculation formulas
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
DocuSign Envelope ID: 73EFB1B7-18FC-40B0-86F7-D6754E97BDF5 RESOLUTION NO. 22-_______ N.C.
A RESOLUTION ACCEPTING THE VALLEJO 2021 GENERAL
PLAN AND HOUSING ELEMENT ANNUAL PROGRESS
REPORT AND DIRECTING STAFF TO SUBMIT SAME TO
THE GOVERNOR’S OFFICE OF PLANNING AND RESEARCH
(OPR) AND THE CALIFORNIA DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT (HCD)
WHEREAS, Government Code Section 65400(a)(2) requires the local planning agency, by April 1 of each year, to provide an Annual Progress Report (APR) on the status of the Housing Element of the G eneral Plan to the legislative body, the California Office of Planning and Research (OPR), and the California Department of Housing and Community Development (HCD); and
WHEREAS, on February 23, 2022, the Planning Commission conducted a public hearing to consider the 2020 APR, at which testimony and evidence, both written and oral, was presented to the Planning Commission. After the public hearing, the Planning Commission voted to recommend to the City Council that it accept the report and direct Staff to submit the report to the State.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF VALLEJO DOES HEREBY RESOLVE AS FOLLOWS:
The City Council of the City of Vallejo based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, does hereby accept the Annual Progress Report attached and incorporated herein by reference and authorize staff to forward the report to the Governor’s Office of Planning and Research and the State Department of Housing and Community Development.
AYES:
NOES:
ABSTAIN:
ABSENT:
Robert McConnell, MAYOR
DAWM ABRAHAMSON, CITY CLERK
Attachments:
- Exhibit A: Vallejo Annual Progress Report on the General Plan CONSENT CALENDAR 8.F.
DATE: March 22, 2022
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, Acting Public Works Director
SUBJECT: ADOPT A RESOLUTION AUTHORIZING PREPARATION OF ENGINEER'S REPORT FOR FY2022-2023 FOR THE BORDONI RANCH, CARRIAGE OAKS, GARTHE RANCH, GLEN COVE III, GLEN COVE III 2015, HUNTER RANCH III, MARINE WORLD/ FAIRGROUNDS,
MARIN VIEW, SANDPIPER POINT, SOUTH VALLEJO BUSINESS PARK AND TOWN
AND COUNTRY II-V LANDSCAPE MAINTENANCE DISTRICTS
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to appoint SCI Consulting Group as the Engineer of Record to prepare the Engineer's Reports for the 11 Landscape Maintenance Districts created under the Landscape and Lighting Act of 1972.
REASONS FOR RECOMMENDATION
The City must authorize the Engineer of Record to proceed with the annual process of reviewing the current assessments and evaluating the proposed work in each Landscape Maintenance District (LMD) to determine the appropriate assessments for the coming fiscal year.
BACKGROUND AND DISCUSSION
The California Landscape and Lighting Act of 1972 (California Streets and Highway Code Sections 22500- 22679) allows local governmental agencies to form assessment districts for the purpose of financing the costs and expenses of landscape and lighting public areas. The City of Vallejo has 13 such districts formed throughout the City to provide funding for the relevant improvements and services.
The City Council will be considering the Northeast Quadrant Landscape Maintenance District and the Hiddenbrooke Maintenance District under separate Council actions. The 11 districts under consideration now are Bordoni Ranch; Carriage Oaks; Garthe Ranch; Glen Cove III; Glen Cove III 2015; Hunter Ranch III; Marine World/ Fairgrounds; Marin View; Sandpiper Point; South Vallejo Business Park; Town and Country IIV. California Streets and Highways Code sections 22620-22631 require that the City complete certain proceedings each fiscal year in order to levy and collect the assessments.
The proceedings for 2022 will take place as follows:
March 22, 2022 - Adopt a resolution describing any proposed new improvements or any substantial changes to existing improvements and authorizing the engineer to prepare and file a report. May 24, 2022 - Approve the Engineer's Report and adopt a resolution of intention declaring the City's intent to levy and collect the assessments for the coming fiscal year. June 14, 2022 - Conduct a public hearing affording all interested parties the opportunity to hear and be heard.
June 14, 2022 - Adopt a resolution confirming the Engineer's Report and levy the assessments for the upcoming fiscal year.
Date: March 22, 2022
Subject: ADOPT A RESOLUTION AUTHORIZING PREPARATION OF ENGINEER'S REPORT FOR FY2022-2023 FOR THE BORDONI RANCH, CARRIAGE OAKS, GARTHE RANCH, GLEN COVE III, GLEN COVE III 2015, HUNTER RANCH III, MARINE
WORLD/ FAIRGROUNDS, MARIN VIEW, SANDPIPER POINT, SOUTH VALLEJO
BUSINESS PARK AND TOWN AND COUNTRY II-V LANDSCAPE MAINTENANCE
DISTRICTS
FISCAL IMPACT
The costs of preparation of the Engineer's Reports are allocated to the individual LMDs and there is no additional fiscal impact associated with this agenda item. The fiscal health of each district is to be studied and presented in the Engineer's Report.
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. Reso-22-03-22 Vallejo Res 1 1972 LMDs FY22-23_CAO Stamp
CONTACT
Melissa Tigbao, Acting Public Works Director (707) 648-4301 [email protected]
Attachment 1.
RESOLUTION NO. 22-_________ N.C.
A RESOLUTION AUTHORIZING PREPARATION OF AN ENGINEER’S REPORT FOR FISCAL YEAR 2022-23 FOR EACH OF THE ELEVEN LANDSCAPE MAINTENANCE DISTRICTS: BORDONI RANCH, CARRIAGE OAKS, GARTHE RANCH, GLEN COVE III 2015, HUNTER RANCH III, MARINE
WORLD/FAIRGROUNDS, MARIN VIEW, SANDPIPER POINT, SOUTH VALLEJO BUSINESS PARK,
AND TOWN AND COUNTRY II-V
WHEREAS, the City of Vallejo provides for the maintenance and improvement of parks, setback landscaping, drainage systems and street lighting services through the City’s Landscape Maintenance Districts; and
WHEREAS, the City Council, by previous Resolutions, formed and levied annual assessments for the eleven Landscape Maintenance Districts (hereafter referred to as the “Districts”) identified in the heading of this resolution pursuant to Article XIIID of the California Constitution and the Landscaping and Lighting Act of 1972 (California Streets and Highways Code §§ 22500 to 22679) (the “Act”).; and WHEREAS, the City Council proposes to continue levying assessments for the Districts in the fiscal year commencing July 1, 2022, and ending June 30, 2023; and
WHEREAS, Section 22566 of the Act requires an engineer to prepare a report each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements described in the report.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VALLEJO AS FOLLOWS:
1. The existing and proposed improvements within the Districts, and any substantial changes proposed to be made to the existing improvements, are generally described as follows:
Installation, maintenance and servicing of public facilities, and incidental expenses, including but not limited to, street lights, public lighting facilities, landscaping, sprinkler systems, statuary, fountains, other ornamental structures and facilities, landscape corridors, grand cover, shrubs and trees, street frontages, drainage systems, fencing , entry monuments, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, for property owned or maintained by the City of Vallejo.
2. SCI Consulting Group is hereby designated as Engineer of Work for purposes of these proceedings and is hereby ordered to prepare an Engineer’s Report in accordance with Sections 22565 through 22574 of the Act and article XIIID of the California Constitution. Upon completion, the Engineer shall file the Engineer’s Report with the City Clerk for submission to the City Council.
Adopted by the City Council of the City of Vallejo at a regular meeting held on March 22, 2022 with the following vote:
AYES:
NOES:
ABSENT:
_______________________________________
ROBERT H. McCONNEL, MAYOR
ATTEST: ________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
CONSENT CALENDAR 8.G.
DATE: March 22, 2022
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, Acting Public Works Director
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE PREPARATION OF THE ENGINEER'S REPORT FOR FISCAL YEAR 2022-2023 FOR THE NORTHEAST QUADRANT
LANDSCAPE MAINTENANCE DISTRICT
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to appoint SCI Consulting as Engineer of Record to prepare the Engineer's Report for the Northeast Quadrant Landscape Maintenance District created under the Landscape and Lighting Act of 1972.
REASONS FOR RECOMMENDATION
The City must authorize the Engineer of Record to proceed with the annual process of reviewing the current assessments and evaluating the proposed work in the Northeast Quadrant Landscape Maintenance District (LMD) in order to determine the appropriate assessments for the coming fiscal year.
BACKGROUND AND DISCUSSION
The California Landscape and Lighting Act of 1972 (California Streets and Highway Code 22500-22679) allows local governmental agencies to form assessment districts for the purpose of financing the costs and expenses of landscape and lighting public areas. The City of Vallejo has 13 such districts formed throughout the City to provide funding for the appropriate services, including the Northeast Quadrant Landscape Maintenance District.
The City Council will be considering 11 of the 1972 Act districts, and the Hiddenbrooke Maintenance District, under separate Council actions. California Streets and Highways Code sections 22620-22631 requires that the City complete certain proceedings each fiscal year in order to levy and collect assessments.
The proceedings for 2022 will take place as follows:
March 22, 2022 - Adopt a resolution describing any proposed new improvements or any substantial changes to existing improvements and authorizing the engineer to prepare and file a report. May 24, 2022 - Approve the Engineer's Report and adopt a resolution of intention declaring the City's intent to levy and collect the assessments for the coming fiscal year. June 14, 2022 - Conduct a public hearing affording all interested parties the opportunity to hear and be heard.
June 14, 2022 - Adopt a resolution confirming the Engineer's Report and the levy of assessments for the upcoming fiscal year.
FISCAL IMPACT
Date: March 22, 2022
Subject: ADOPT A RESOLUTION AUTHORIZING THE PREPARATION OF THE ENGINEER'S REPORT FOR FISCAL YEAR 2022-2023 FOR THE NORTHEAST QUADRANT
LANDSCAPE MAINTENANCE DISTRICT
The cost of preparation of the Engineer's Report is allocated to the LMD and there is no additional fiscal impact associated with this agenda item. The fiscal health of the LMD is to be studied and presented in the Engineer's Report.
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. Reso-22-03-22 Vallejo Res 1 NE Quad LMD FY22-23_CAO Stamp
CONTACT
Melissa Tigbao, Acting Public Works Director (707) 648-4301 [email protected]
Jason Lacey, Landscape Maintenance Manager (707) 553-7219 [email protected]
Attachment 1.
RESOLUTION NO. 22-_________ N.C.
A RESOLUTION AUTHORIZING PREPARATION OF THE ENGINEER’S REPORT FOR FISCAL YEAR 2022-23 FOR NORTHEAST QUADRANT LANDSCAPE MAINTENANCE DISTRICT WHEREAS, the City of Vallejo provides for the maintenance and improvement of parks, setback landscaping, drainage systems and street lighting services through the City’s Landscape Maintenance Districts; and
WHEREAS, the City Council, by previous Resolutions, formed and levied annual assessments for the Northeast Quadrant Landscape Maintenance District (hereafter referred to as the “District”) pursuant to article XIIID of the California Constitution and the Landscaping and Lighting Act of 1972 (California Streets and Highways Code Sections 22500 to 22679) (the “Act”).; and WHEREAS, the City Council proposes to continue levying assessments for the District in the fiscal year commencing July 1, 2022, and ending June 30, 2023; and
WHEREAS, Section 22566 of the Act requires an engineer to prepare a report each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements described in the report.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VALLEJO AS FOLLOWS:
1. Within the District the existing and proposed improvements, and any substantial changes proposed to be made to the existing improvements, are generally described as follows:
Installation, maintenance and servicing of public facilities, and incidental expenses, including but not limited to, street lights, public lighting facilities, landscaping, sprinkler systems, statuary, fountains, other ornamental structures and facilities, landscape corridors, grand cover, shrubs and trees, street frontages, drainage systems, fencing , entry monuments, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, for property owned or maintained by the City of Vallejo.
2. SCI Consulting Group is hereby designated as Engineer of Work for purposes of these proceedings and is hereby ordered to prepare an Engineer’s Report in accordance with Sections 22565 through 22574 of the Act and California Constitution Article XIIID. Upon completion, the Engineer shall file the Engineer’s Report with the City Clerk for submission to the City Council.
Adopted by the City Council of the City of Vallejo at a regular meeting held on March 22, 2022 with the following vote:
AYES:
NOES:
ABSENT:
_______________________________________
ROBERT H. McCONNEL, MAYOR
ATTEST: ________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
CONSENT CALENDAR 8.H.
DATE: March 22, 2022
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, Acting Public Works Director
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE PREPARATION OF THE ENGINEER'S REPORT FOR FISCAL YEAR 2022-2023 FOR THE HIDDENBROOKE MAINTENANCE
DISTRICT
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to appoint SCI Consulting Group as the Engineer of Record to prepare the Engineer's Report for the Hiddenbrooke Maintenance District (HMD) created under the Landscape and Lighting Act of 1972.
REASONS FOR RECOMMENDATION
The City must authorize the Engineer of Record to proceed with the annual process of reviewing the current assessments and evaluating the proposed work in the Hiddenbrooke Maintenance District (HMD) in order to determine the appropriate assessments for the coming fiscal year.
BACKGROUND AND DISCUSSION
The California Landscape and Lighting Act of 1972 (California Streets and Highway Code sections 22500- 22679) allows local governmental agencies to form assessment districts for the purpose of financing the costs and expenses of landscape and lighting public areas. The City of Vallejo has 13 such districts formed throughout the City to provide funding for the authorized improvements and services, including the HIddenbrooke Maintenance District.
The City Council will be considering 11 of the 1972 Act districts, and the Northeast Quadrant Landscape Maintenance District under separate Council actions. California Streets and Highways Code, sections 22620- 22631 require that the City complete certain proceedings each fiscal year in order to levy and collect assessments.
The proceedings for 2022 will be as follows:
March 22, 2022 - Adopt a resolution describing any proposed new improvements or any substantial changes to existing improvements and authorizing the engineer to prepare and file a report. May 24, 2022 - Approve the Engineer's Report and adopt a resolution of intention declaring the City's intent to levy and collect the assessments for the coming fiscal year. June 14, 2022 - Conduct a public hearing affording all interested parties the opportunity to hear and be heard.
June 14, 2022 - Adopt a resolution confirming the Engineer's Report and the levy of assessments for the upcoming fiscal year.
FISCAL IMPACT
Date: March 22, 2022
Subject: ADOPT A RESOLUTION AUTHORIZING THE PREPARATION OF THE ENGINEER'S REPORT FOR FISCAL YEAR 2022-2023 FOR THE HIDDENBROOKE
MAINTENANCE DISTRICT
The estimated cost of preparation of the Engineer's Report in the amount of $4,000 is funded by the HMD and there is no additional fiscal impact associated with this agenda item. The fiscal health of the district is to be studied and presented in the Engineer's Report.
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. Reso-22-03-22 Vallejo Res 1 HMD FY22-23_CAO Stamp
CONTACT
Melissa Tigbao, Acting Public Works Director (707) 648-4301 [email protected]
Jason Lacey, Landscape Maintenance Manager (707) 553-7219 [email protected]
Attachment 1.
RESOLUTION NO. 22-_________ N.C.
A RESOLUTION AUTHORIZING PREPARATION OF THE ENGINEER’S REPORT FOR FISCAL YEAR 2022-23 FOR THE HIDDENBROOKE MAINTENANCE DISTRICT
WHEREAS, the City of Vallejo provides for the maintenance and improvement of parks, setback landscaping, drainage systems and street lighting services through the City’s Landscape Maintenance Districts; and
WHEREAS, the City Council, by previous Resolutions, formed and levied annual assessments for the Hiddenbrooke Maintenance District (hereafter referred to as the “District”) pursuant to article XIIID of the California Constitution and the Landscaping and Lighting Act of 1972 (California Streets and Highways Code §§ 22500 to 22679) (the “Act”); and
WHEREAS, the City Council proposes to continue levying assessments for the District in the fiscal year commencing July 1, 2022, and ending June 30, 2023; and
WHEREAS, Section 22566 of the Act requires an engineer to prepare a report each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements described in the report.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VALLEJO AS FOLLOWS:
1. Within the District the existing and proposed improvements, and any substantial changes proposed to be made to the existing improvements, are generally described as follows:
Installation, maintenance and servicing of public facilities, and incidental expenses, including but not limited to, street lights, public lighting facilities, landscaping, sprinkler systems, statuary, fountains, other ornamental structures and facilities, landscape corridors, grand cover, shrubs and trees, street frontages, drainage systems, fencing , entry monuments, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, for property owned or maintained by the City of Vallejo.
2. SCI Consulting Group is hereby designated as Engineer of Work for purposes of these proceedings and is hereby ordered to prepare an Engineer’s Report in accordance with Sections 22565 through 22574 of the Act and California Constitution Article XIIID. Upon completion, the Engineer shall file the Engineer’s Report with the City Clerk for submission to the City Council.
Adopted by the City Council of the City of Vallejo at a regular meeting held on March 22, 2022 with the following vote:
AYES:
NOES:
ABSENT:
_______________________________________
ROBERT H. McCONNEL, MAYOR
ATTEST: ________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
CONSENT CALENDAR 8.I.
DATE: March 22, 2022
TO: Mayor and Members of the City Council
FROM: Kyle D. Long, Fire Chief
SUBJECT: ADOPT RESOLUTION ACKNOWLEDGING RECEIPT OF THE 2021 STATE MANDATED
FIRE INSPECTIONS REPORT FROM THE VALLEJO FIRE DEPARTMENT
RECOMMENDATION
Adopt a Resolution acknowledging receipt of the 2021 fire inspections report.
REASONS FOR RECOMMENDATION
On September 27,2018, Governor Brown approved Senate Bill 1205. SB1205 requires the fire department to report annually to its administering authority, as defined, on the department's compliance with the above-described inspection requirements. The bill requires the administering authority to acknowledge receipt of the report in a resolution or a similar formal document. This serves as the annual report for 2021 compliance and provides details of the Vallejo Fire Department's fire and life safety inspection program.
California Health and Safety Code sections 13145 and 13146 require every city or county fire department or district providing fire protection services to enforce the fire code as adopted. Additionally, Section 13146.2 requires the fire department to annually inspect every building used as a public or private school, as well as all apartment houses, hotels, motels, lodging houses, and jails for compliance.
BACKGROUND AND DISCUSSION
Existing State law provides that California fire departments are the enforcement agencies relating to the fire code as adopted by the State Fire Marshal and local jurisdictions in most circumstances. Fire departments are required to perform annual inspections of every building used as a public or private school, as well as apartment houses, hotels, motels, lodging houses, and jails for compliance with adopted fire codes.
The Vallejo Fire Department has a long-established program of conducting fire and safety inspections at commercial occupancies with available Fire Prevention Section staffing. However, staff levels do not adequately support enough staff time to complete all State-mandated and non-mandated inspections. The chart below indicates the annual 2021 inspection progress completed by the Fire Prevention Section for State-mandated inspections.
State Mandated Inspections (Annual)
In 2021, the Fire Prevention section completed 76% of the State-mandated annual inspections.
Occupancy Type Example Quantity Completed in 2021
Educational E Schools 47 20
Institutional I-3 Jails 6 1
Residential R-1 Hotels/Motels 23 16
Date: March 22, 2022
Subject: ADOPT RESOLUTION ACKNOWLEDGING RECEIPT OF THE 2021 STATE MANDATED
FIRE INSPECTIONS REPORT FROM THE VALLEJO FIRE DEPARTMENT
Residential R-2 Apartments/Condos 631 556
High-Rise Multi-Family 1 0
Residential R2.1 Adult Care Facilities (large) 41 13
Residential R3.1 Adult Care Facilities (small) 69 19
Institutional I-2 Hospitals, Psychiatric 4 1
Institutional I2.1 Health Care-Dialysis 9 3
TOTAL 831 629
The Fire Department recognizes the importance of performing fire/life safety inspections in addition to the Statemandated inspections. We have recently established a goal of inspecting every commercial occupancy on an annual basis, based on the associated hazard. The following charts show how many moderate and high-hazard occupancies, as well as low-hazard inspections, were completed in 2021. Although these annual inspections are not mandated by the State of California, Health and Safety Code section 13145 does require the local Fire Department and authorized representatives to enforce building standards relating to fire and panic safety adopted by the State Fire Marshall and published in the California Building Standards Code and other regulations that have been formally adopted by the State Fire Marshall for the prevention of fire or for the protection of life and property against fire or panic.
Moderate and High-Hazard Inspections (Annual)
In 2021, the Fire Prevention section completed 3% of the moderate and high-hazard annual inspections.
Occupancy Type Example Quantity Completed in 2021
Assembly A-1 Theater/Concert Hall 5 1
Assembly A-2 Restaurants 80 1
Assembly A-3 Churches 94 4
Hazardous H Based on Type & Quantity 86 2
Storage S Structure used for Storage 143 4
Residential R-3 Boarding House/Family Daycare 70 4
Institutional I-4 Commercial Daycare 10 1
Assembly A-4 Indoor Sports Arena 1 0
TOTAL 489 17
Low-Hazard Inspections (Annual)
Date: March 22, 2022
Subject: ADOPT RESOLUTION ACKNOWLEDGING RECEIPT OF THE 2021 STATE MANDATED
FIRE INSPECTIONS REPORT FROM THE VALLEJO FIRE DEPARTMENT
In 2021, the Fire Prevention section completed 2% of the low-hazard annual inspections.
Occupancy Type Example Quantity Completed in 2021
Mercantile Display & Sale of Merchandise 581 9
Business B Office, Professional, or Service 1,950 41
TOTAL 2,531 50
In total, the Fire Department completed 18% of the total inspections possible within City limits.
Total Inspection Activity in 2021
Inspection Type Quantity Inspections Completed Percent Completed State Mandated 831 629 75%
Moderate/High-Hazard 488 17 3%
Low-Hazard 2,531 50 2%
TOTAL 3,850 696 18%
FISCAL IMPACT
The costs associated with the required inspections and reporting are absorbed in the current Fire Department budget and through the City's Fee Schedule, as it applies to inspections or related fire and life safety activities.
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. A Resolution Acknowleding Receipt of 2021 Fire Inspection Report.final v2
CONTACT
Vincent Sproete, Fire Prevention Manager
[email protected]
RESOLUTION NO. 22-
A RESOLUTION ACKNOWLEDGING RECEIPT OF THE 2021 STATE MANDATED
FIRE INSPECTIONS REPORT FROM THE VALLEJO FIRE DEPARTMENT WHEREAS, California Health and Safety Code section 13146.4 requires an annual reporting to Council regarding the fire inspections of certain occupancies; and WHEREAS, California Health and Safety Code section 13146.4 requires Council to acknowledge receipt of this report by resolution; and
WHEREAS, the Vallejo Fire Department is responsible for providing said inspections; and WHEREAS, the Fire Chief has presented a report satisfying the requirements of the California Health and Safety Code section 13146.4; and
WHEREAS, this report demonstrates the Vallejo Fire Department has met the requirements of the California Health and Safety Code section 13146.4.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Vallejo hereby acknowledges receipt of the 2021 State Mandated Fire Inspections report as required by the California Health and Safety Code section 13146.4.
Adopted by the Council of the City of Vallejo at a regular meeting held on March 22, 2022 with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Robert H. McConnell, Mayor
ATTEST:
_______________________________
Dawn G. Abrahamson, Secretary
CONSENT CALENDAR 8.J.
DATE: March 22, 2022
TO: Mayor and Members of the City Council
FROM: Beth Schoenberger, Acting Water Director
SUBJECT: AUTHORIZE CITY MANAGER TO EXECUTE SECOND AMENDMENT TO DESIGN PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC.
RECOMMENDATION
Authorize the City Manager to execute a Second Amendment to the Design Professional Services Agreement with HDR Engineering Inc. (HDR) dated June 12, 2018, in an amount not to exceed $250,000.
REASONS FOR RECOMMENDATION
Executing a Second Amendment to the Design Professional Services Agreement with HDR (Henningson, Durham, and Richardson Engineering Inc.) will allow the City to continue work that is already in progress relating to sustaining operational efficiency of current infrastructure, assessing the Lakes Water System for improved efficiencies, and continuing with the assessment and design of critical improvements and repairs at Fleming Hill Water Treatment Plant without additional interruption.
BACKGROUND AND DISCUSSION
The City’s drinking water system is extremely complex, and State certified at the highest level (Treatment Level 5 and Distribution Level 5 like other major metropolitan water utilities). The system includes multiple treatment plants, pump stations, elevations, reservoirs, tanks, dams, and encompasses an extended area across two counties serving multiple communities in Vallejo's municipal boundaries, unincorporated areas of Solano and Napa counties, as well as Travis Air Force Base. The system infrastructure is aged, requires ongoing repairs, maintenance, and assessment in order to effectively and efficiently serve our customers and to ensure reliable, consistent, and compliant drinking water services. Assessment and evaluation of the infrastructure, including feasibility and solutions to ensure service continuity to a growing water customer community, while balancing external factors, such as the longstanding ongoing drought situation, the COVID19 pandemic, and the recent economic recession, is imperative.
The City entered into an agreement with HDR on June 12, 2018, to provide as-needed engineering services for various projects in progress and anticipated. The agreement was amended in May 2021 to supplement the Agreement's not-to-exceed amount by $100,000 (to $775,000). Thus far, HDR has partnered with Water’s Engineering Division, providing a conceptual level assessment of the potential Green Valley Water Treatment Plant expansion, including alternatives; condition assessments of the City’s concrete tanks; a data-driven evaluation of the Lakes Water System based on a hydraulic model; alternatives regarding plant capacity in response to a Request for Information; and an independent peer review of the Fleming Hill WTP’s chemical feed system. Staff seeks to amend the Agreement to increase the not-to-exceed amount by an additional $250,000 (to $1,025,000) to continue work in progress and undertake related work through the agreement term (June 30, 2023).
FISCAL IMPACT
Date: March 22, 2022
Subject: AUTHORIZE CITY MANAGER TO EXECUTE SECOND AMENDMENT TO DESIGN PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC.
This proposed action will not have any direct impact on the General Fund; the funds are available in the adopted Capital Improvement Project budgets.
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. HDR Engineering, Inc.-Design Professional Services Master Agreement 6-12-18
2. Please_DocuSign__HDR_Engineering_Inc._First
3. Amendment (Second) to HDR Agreement CAO Stamp
CONTACT
Beth Schoenberger, Acting Water Director (707) 648-5439 [email protected]
Dakari Barksdale, Associate Civil Engineer (707) 567-7245 [email protected]
DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 4/15/2021
4/16/2021
4/29/2021
4/29/2021
5/3/2021
5/3/2021
DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 First Amendment to Agreement Between City of Vallejo and HDR Engineering, Inc. (19-WD020) Page 1 of 3 (Revised 01.2019)
FIRST AMENDMENT
TO
DESIGN AND PROFESSIONAL AGREEMENT (19-WD020)
BETWEEN
CITY OF VALLEJO AND HDR ENGINEERING, INC.
This First Amendment to the Master Agreement (19-WD020) made and entered into on June 12, 2018, hereafter referred to as Agreement, between HDR Engineering, Inc., a Nebraska Corporation, therein referred to as Consultant, and the City of Vallejo, a municipal corporation, therein referred to as City, is made and entered into on this 26th day of August 2020.
Consultant and City do mutually agree as follows:
1. Amendment to Exhibit B, Section 1 (Vendor’s Compensation). Section 1 of Exhibit B (Payment), Consultant’s compensation shall be modified to read:
Consultant’s Compensation. City agrees to pay Design Professional, at the rate(s) specified in Exhibit A for those Services set forth in Exhibit A of this Agreement and for all reimbursable expenses for a total not to exceed Seven Hundred Seventy-Five Thousand Dollars and No Cents ($775,000.00) through June 30, 2023, as set forth below:
FY 18 Zero Dollars and No Cents ($0.00)
FY 19 One Hundred Ninety-Eight Thousand Eight Hundred
Forty Dollars and No Cents ($198,840.00)
FY 20 Fourteen Thousand One Hundred Sixty Dollars and No Cents ($14,160.00)
FY 21 Four Hundred Sixty-Four Thousand Five Hundred
Twenty-Eight Dollars and No Cents ($464,528.00)
FY 22-23 Ninety-Seven Thousand Four Hundred Seventy-Two Dollars and No Cents ($97,472.00)
2. Revised Term of the Agreement. The Agreement term is currently scheduled to expire on June 30, 2021. As of this First Amendment, the term of this agreement is extended to and shall expire on June 30, 2023.
3. Integration. This First Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. This First Amendment shall not be amended or modified except by a written agreement executed by each of the parties.
DocuSign Envelope ID: 45C6D5AE-B7A2-4F48-B202-758276714525 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 First Amendment to Agreement Between City of Vallejo and HDR Engineering, Inc. (19-WD020) Page 2 of 3 (Revised 01.2019)
Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Consultant shall perform all duties, obligations and conditions required under the Agreement.
4. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this First Amendment and the Agreement, the provisions of this First Amendment shall control in all respects.
5. Ambiguities. The parties have each carefully reviewed this First Amendment and have agreed to each term of this First Amendment. No ambiguity shall be presumed to be construed against either party.
6. Counterparts. This First Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
7. Authority. The person signing this First Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Consultant.
(SIGNATURES ARE ON THE FOLLOWING PAGE)
DocuSign Envelope ID: 45C6D5AE-B7A2-4F48-B202-758276714525 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 First Amendment to Agreement Between City of Vallejo and HDR Engineering, Inc. (19-WD020) Page 3 of 3 (Revised 01.2019)
IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.
HDR ENGINEERING, INC.
A Nebraska Corporation
BY:
HOLLY L. L. KENNEDY, PE
Senior Vice President
DATE:
(City Seal)
CITY OF VALLEJO,
a municipal corporation
BY:
GREG NYHOFF
City Manager
DATE:
ATTEST:
DAWN ABRAHAMSON
City Clerk
APPROVED AS TO CONTENT:
MIKE MALONE
Water Director
APPROVED AS TO FORM:
For
VERONICA A.F. NEBB
City Attorney
APPROVED AS TO INSURANCE:
ARMOND SARKIS
Risk Manager
DocuSign Envelope ID: 45C6D5AE-B7A2-4F48-B202-758276714525 4/14/2021
DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 5/3/2021
DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
DATE (MM/DD/YYYY)
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER
POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG $ OTHER: $ COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
CERTIFICATE OF LIABILITY INSURANCE
Lockton Companies
444 W. 47th Street, Suite 900
Kansas City MO 64112-1906
(816) 960-9000
HDR ENGINEERING, INC.
1917 SOUTH 67TH STREET
OMAHA NE 68106
*
Lexington Insurance Company 19437
XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX
ARCH & ENG
PROFESSIONAL
LIABILITY
PER CLAIM: $1,000,000
AGGREGATE: $1,000,000
A 061853691 6/1/2020 6/1/2021
NOT APPLICABLE
NOT APPLICABLE
NOT APPLICABLE
NOT APPLICABLE
6/1/2021
1429583
4/16/2021
N N
17488381
17488381 XXXXXXX
CITY OF VALLEJO
ATTENTION: AARON CANO
555 SANTA CLARA ST.
VALLEJO CA 94590
RE: DESIGN PROFESSIONAL SERVICES MASTER AGREEMENT.
DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2016 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
Willis Towers Watson Midwest, Inc.
c/o 26 Century Blvd
P.O. Box 305191
Nashville, TN 372305191 USA
HDR Engineering, Inc.
1917 South 67th Street
Omaha, NE 68106
Certificate Holder is named as Additional Insured on General Liability, Automobile Liability and Umbrella/Excess Liability on a Primary, Non-contributory basis where required by written contract. Waiver of Subrogation applies on General Liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation where required by written contract and as permitted by law. Umbrella/Excess policy is follow form over General Liability, Auto Liability and Employers Liability.
City of Vallejo
Attn: Aaron Cano
555 Santa Clara St.
Vallejo, CA 94590 04/16/2021 1-877-945-7378 1-888-467-2378 [email protected] Liberty Mutual Fire Insurance Company 23035 Ohio Casualty Insurance Company Liberty Insurance Corporation 24074 42404 W20696706 A 2,000,000 1,000,000 Contractual Liability 10,000 2,000,000 4,000,000 4,000,000 Y Y TB2-641-444950-030 06/01/2020 06/01/2021 A 2,000,000 Y Y AS2-641-444950-040 06/01/2020 06/01/2021 B 5,000,000 0
Y Y EUO(21)57919363 06/01/2020 06/01/2021 5,000,000 WA7-64D-444950-010 C Y
1,000,000 No 06/01/2020 06/01/2021 1,000,000 1,000,000 SR ID: 20988053 BATCH: 2060161 Willis Towers Watson Certificate Center DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:
LOC #:
AGENCY
CARRIER NAIC CODE
POLICY NUMBER
NAMED INSURED
EFFECTIVE DATE:
HDR Engineering, Inc.
1917 South 67th Street
Omaha, NE 68106
Re: Design Professional Services Master Agreement.
Additional Insureds & Waiver of Subrogation: The City of Vallejo, its officers, officials, employees, agents and volunteers.
2 2
Willis Towers Watson Midwest, Inc. See Page 1 See Page 1 See Page 1 See Page 1 25 Certificate of Liability Insurance SR ID: 20988053 BATCH: 2060161 CERT: W20696706 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 CG 25 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 Policy Number: TB2-641-444950-030
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED LOCATION(S)
GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Location(s):
All locations owned by or rented to the Named Insured
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. For all sums which the insured becomes legally
obligated to pay as damages caused by "occurrences" under Section I – Coverage A, and for all medical expenses caused by accidents under
Section I – Coverage C, which can be attributed
only to operations at a single designated "location" shown in the Schedule above:
1. A separate Designated Location General
Aggregate Limit applies to each designated
"location", and that limit is equal to the
amount of the General Aggregate Limit
shown in the Declarations.
2. The Designated Location General Aggregate
Limit is the most we will pay for the sum of all
damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed
operations hazard", and for medical expenses
under Coverage C regardless of the number
of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
3. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the Designated Location General Aggregate Limit for that designated "location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any
other Designated Location General Aggregate Limit for any other designated "location" shown in the Schedule above.
4. The limits shown in the Declarations for Each
Occurrence, Damage To Premises Rented To
You and Medical Expense continue to apply.
However, instead of being subject to the
General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit.
DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36
B. For all sums which the insured becomes legally
obligated to pay as damages caused by "occurrences" under Section I – Coverage A, and for all medical expenses caused by accidents under
Section I – Coverage C, which cannot be attributed only to operations at a single designated "location" shown in the Schedule above:
1. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the amount available
under the General Aggregate Limit or the
Products-completed Operations Aggregate
Limit, whichever is applicable; and
2. Such payments shall not reduce any Designated Location General Aggregate Limit.
C. When coverage for liability arising out of the
"products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in
the "products-completed operations hazard" will
reduce the Products-completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit.
D. For the purposes of this endorsement, the Definitions Section is amended by the addition of the following definition:
"Location" means premises involving the same or
connecting lots, or premises whose connection is
interrupted only by a street, roadway, waterway
or right-of-way of a railroad.
E. The provisions of Section III – Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated.
DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 Policy Number: TB2-641-444950-030
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED CONSTRUCTION PROJECT(S)
GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Construction Project(s):
All construction projects not located at premises owned, leased or rented by a Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. For all sums which the insured becomes legally
obligated to pay as damages caused by "occurrences" under Section I – Coverage A, and for all medical expenses caused by accidents under
Section I – Coverage C, which can be attributed
only to ongoing operations at a single designated
construction project shown in the Schedule
above:
1. A separate Designated Construction Project
General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate
Limit shown in the Declarations.
2. The Designated Construction Project General
Aggregate Limit is the most we will pay for the
sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "productscompleted operations hazard", and for medical expenses under Coverage C regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
3. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such
payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project
shown in the Schedule above.
4. The limits shown in the Declarations for Each
Occurrence, Damage To Premises Rented To
You and Medical Expense continue to apply.
However, instead of being subject to the
General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit.
DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36
B. For all sums which the insured becomes legally
obligated to pay as damages caused by "occurrences" under Section I – Coverage A, and for all medical expenses caused by accidents under
Section I – Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the
Schedule above:
1. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the amount available
under the General Aggregate Limit or the
Products-completed Operations Aggregate
Limit, whichever is applicable; and
2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit.
C. When coverage for liability arising out of the
"products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in
the "products-completed operations hazard" will
reduce the Products-completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit.
D. If the applicable designated construction project
has been abandoned, delayed, or abandoned
and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project.
E. The provisions of Section III – Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated.
DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 CG 20 10 04 13 © ISO Properties, Inc., 2012 Page 1 of 2 POLICY NUMBER: TB2-641-444950-030 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a c ontract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been p ut to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on b ehalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
Any person or organization with whom you have
agreed, through written contract, agreement or
permit to provide additional insured coverage.
Any location where you have agreed, through
writtencontract, agreement or permit, to provide
additionalinsured coverage
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 POLICY NUMBER: TB2-641-444950-030 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations Any person or organization to whom or to which
you are required to provide additional insured
status in a written contract, agreement or permit
except where such contract or agreement is
prohibited.
Any location where you have agreed, through
written, contract, agreement or permit, to provide
additional insured coverage for completed
operations.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional insured
is required by a c ontract or agreement, the
insurance afforded to such additional insured
will not be br oader than that which you are
equired by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 Policy Number TB2-641-444950-030
Issued by Liberty Mutual Fire Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY –
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to Section IV – Conditions 4. Other Insurance and supersedes any provision to the contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that:
(1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed prior to a loss, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. (3) This insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence", claim or "suit".
LD 24 153 08 16 © 2016 Liberty Mutual Insurance Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 POLICY NUMBER: AS2-641-444950-040 COMMERCIAL AUTO
CA 20 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
SCHEDULE
Name Of Person(s) Or Organization(s):
As required by written contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured
provision contained in Paragraph A.1. of Section II –
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D.2. of Section I – Covered Autos
Coverages of the Auto Dealers Coverage Form.
CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 Policy Number: AS2-641-444950-040
Issued by: Liberty Mutual Fire Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED - NONCONTRIBUTING
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIERS COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form.
Schedule
Name of Person(s) or Organizations(s):
Any person or organization where the Named Insured has agreed by written contract to include such person or organization
Regarding Designated Contract or Project:
Any
Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the CoverageForm.
The following is added to the Other Insurance Condition:
If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance.
AC 84 23 0811 © 2010, Liberty Mutual Group of Companies. All rights reserved.
Includes copyrighted material of Insurance Services Office,Inc., with its permission.
DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 POLICY NUMBER: TB2-641-444950-030
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization: As required by written contract or agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done un der a contract with that person
or organization and included in the "productscompleted operations hazard". This waiver applies only to the person or organization shown in the
Schedule above.
CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 POLICY NUMBER: AS2-641-444950-040 COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
Any person or organization for whom you perform work under a written contract of the contract requires you to obtain this agreement from us but only if the contract is executed prior to the injury or damage occurring.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a c ontract with
that person or organization.
CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
Where required by contract or written agreement prior to loss.
Issued by:Liberty Insurance Corporation
For attachment to Policy No WA7-64D-444950-010
$
Issued to:HDR Engineering, Inc.
Effective Date 06/01/2020 Premium
WC 00 03 13
Ed. 4/1/1984
© 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 Policy Number TB2-641-444950-030
Issued by Liberty Mutual Fire Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION OR MATERIAL REDUCTION IN COVERAGE TO THIRD PARTIES This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE PART
MOTOR CARRIER COVERAGE PART
GARAGE COVERAGE PART
TRUCKERS COVERAGE PART
EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART
SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
COMMERCIAL LIABILITY – UMBRELLA COVERAGE FORM
Schedule
Name of Other Person(s) /
Organization(s):
Email Address or mailing address: Number Days Notice:
As required by written contract or
written agreement
As required by written contract or
written agreement
30 A. If we cancel this policy for any reason other than nonpayment of premium, or make a material reduction in coverage, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured.
B. This advance notification of a pending cancellation or material reduction of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy.
All other terms and conditions of this policy remain unchanged.
LIM 99 04 03 14 © 2014 Liberty Mutual Insurance. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 Policy Number AS2-641-444950-040
Issued by Liberty Mutual Fire Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION OR MATERIAL REDUCTION IN COVERAGE TO THIRD PARTIES This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE PART
MOTOR CARRIER COVERAGE PART
GARAGE COVERAGE PART
TRUCKERS COVERAGE PART
EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART
SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
COMMERCIAL LIABILITY – UMBRELLA COVERAGE FORM
Schedule
Name of Other Person(s) /
Organization(s):
Email Address or mailing address: Number Days Notice:
As required by written contract
or written agreement
30 A. If we cancel this policy for any reason other than nonpayment of premium, or make a material reduction in coverage, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured.
B. This advance notification of a pending cancellation or material reduction of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy.
All other terms and conditions of this policy remain unchanged.
LIM 99 04 03 14 © 2014 Liberty Mutual Insurance. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 20 74
(Ed. 12-16)
NOTICE OF CANCELLATION TO THIRD PARTIES
A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below by email as soon as practical after notifying the first Named Insured.
B. This advance email notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy.
Schedule
Name of Other Person(s) / Organization(s):
As required by written contract or agreement 30 Days
All other terms and conditions of this policy remain unchanged.
Issued by Liberty Insurance Corporation
For attachment to Policy No. WA7-64D-444950-010 Effective Date 06/01/2020 Premium $
Issued to HDR Engineering, Inc.
DocuSign Envelope ID: 0A4BA84C-E1FA-40EA-B3AE-A529F1672A36 Second Amendment to Agreement Between City of Vallejo and HDR Engineering, Inc. (19-WD020) Page 1 of 4 (Revised 02.2022)
Approved as to form:
By: for
Veronica Nebb, City Attorney
SECOND AMENDMENT TO
AGREEMENT #19-WD020 BETWEEN
CITY OF VALLEJO
AND
HDR ENGINEERING, INC.
This Second Amendment to Master Agreement #19-WD020 made and entered into on June 12, 2018, hereafter referred to as Agreement, between HDR Engineering, Inc., a Nebraska Corporation, therein referred to as Consultant, and the City of Vallejo, a municipal corporation, therein referred to as City, is made and entered into on this 22nd day of March, 2022.
Consultant and City do mutually agree as follows:
1. Amendment to Exhibit B, Section 1 (Vendor’s Compensation). Section 1 of Exhibit B (Payment), Consultants compensation shall be modified to read:
Consultant’s Compensation. City agrees to pay Design Professional, at the rate(s) specified in Exhibit A for those Services set forth in Exhibit A of this Agreement and for all reimbursable expenses for a total not to exceed One Million Twenty-Five Thousand Dollars and No Cents ($1,025,000.00) through June 30, 2026, as set forth below:
FY 19 One Hundred Ninety - Eight Thousand, Eight Hundred Forty Dollars and No Cents ($198,840.00)
FY 20 Fourteen Thousand, One Hundred Sixty Dollars and
No Cents ($14,160.00)
FY 21 Four Hundred Sixty - Four Thousand, Five Hundred
Twenty - Eight Dollars and No Cents ($464,528.00)
FY 22 Ninety - Seven Thousand, Four Hundred Seventy -
Two Dollars and No Cents ($97,472.00)
FY23-FY26 Two Hundred Thousand, Five Hundred Dollars and No Cents ($250,000.00)
2. Revised Term of the Agreement. The Agreement term is currently scheduled to expire on June 30, 2022. As of this Second Amendment, the term of this agreement is extended to and shall expire on June 30, 2026.
Second Amendment to Agreement Between City of Vallejo and HDR Engineering, Inc. (19-WD020) Page 2 of 4 (Revised 02.2022)
3. Integration. This Second Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this Second Amendment. This Second Amendment shall not be amended or modified except by a written agreement executed by each of the parties.
Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and CONSULTANT shall perform all duties, obligations and conditions required under the Agreement.
4. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this Second Amendment and the Agreement, the provisions of this Second Amendment shall control in all respects.
5. Ambiguities. The parties have each carefully reviewed this Second Amendment and have agreed to each term of this Second Amendment. No ambiguity shall be presumed to be construed against either party.
6. Counterparts. This Second Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
7. Authority. The person signing this Second Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this Second Amendment on behalf of Consultant.
Second Amendment to Agreement Between City of Vallejo and HDR Engineering, Inc. (19-WD020) Page 3 of 4 (Revised 02.2022)
8. Ambiguities. The parties have each carefully reviewed this Second Amendment and have agreed to each term of this Second Amendment. No ambiguity shall be presumed to be construed against either party.
9. Counterparts. This Second Amendment may be executed by the parties in one or more counterparts, all of which collectively shall constitute one document and agreement.
10. Authority. The person signing this Second Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this Second Amendment on behalf of Consultant.
(SIGNATURES ARE ON THE FOLLOWING PAGE)
Second Amendment to Agreement Between City of Vallejo and HDR Engineering, Inc. (19-WD020) Page 4 of 4 (Revised 02.2022)
IN WITNESS WHEREOF, the parties have entered into this Second Amendment on the day and year first hereinabove appearing.
HDR ENGINEERING, INC.
A Nebraska Corporation
BY:
HOLLY L. L. KENNEDY, PE
Senior Vice President
DATE:
(City Seal)
CITY OF VALLEJO,
a municipal corporation
BY:
Mike Malone
City Manager
DATE:
ATTEST:
DAWN ABRAHAMSON
City Clerk
APPROVED AS TO CONTENT:
Beth Schoenberger
Acting Water Director
APPROVED AS TO FORM:
Veronica Nebb
City Attorney
APPROVED AS TO INSURANCE:
Armond Sarkis
Risk Manager
CONSENT CALENDAR 8.K.
DATE: March 22, 2022
TO: Mayor and Members of the City Council
FROM: Melissa L. Tigbao, Acting Public Works Director
SUBJECT: ADOPT A RESOLUTION ESTABLISHING THE LIST OF SENATE BILL 1 PAVEMENT PROJECTS FOR FISCAL YEAR 2022/2023
RECOMMENDATION
Adopt a Resolution to establish a list of proposed projects to be submitted for Senate Bill 1 Road Maintenance and Rehabilitation account funding for Fiscal Year 2022-2023.
REASONS FOR RECOMMENDATION
A primary condition of the SB1 Gas Tax for local streets and roads repair is complete transparency and accountability of the fund used by the local community. The City of Vallejo's goal is to add the upcoming fiscal year's planned SB1 funded projects to the five-year Capital Improvement Plan (CIP) list of projects utilizing this additional road repair revenue.
This action would declare the City's intention to include the proposed SB1 project list in the Fiscal Year 2022- 2023 CIP budget.
BACKGROUND AND DISCUSSION
On April 28, 2017, Governor Brown signed Senate Bill No.1 (SB1), the Road Repair and Accountability Act of 2017, to increase the per gallon fuel excise tax charged at the point of purchase. On November 6, 2018, the citizens of the State of California voted to keep SB1 funding in place.
SB1 is intended to fund critical road maintenance, rehabilitation, and transportation safety projects on both state highways and local streets and roads. Based on the State Department of Finance's statewide revenue projections as of January 2022, the City of Vallejo expects to receive $2,686,260 in fiscal year (FY) 2022-2023 from SB1, in addition to the $3,464,216 projected Highway User Tax Account (HUTA, or gas tax) revenues.
Collection of the additional gas excise tax began in November 2017, with monthly disbursements beginning in January 2018. Disbursements for FY 2022-2023 will begin in August 2022.
Purpose
This additional gas tax money may be used in any manner consistent with existing gas tax revenues - specifically basic road maintenance, rehabilitation projects and critical safety projects. Examples of typical uses include:
Road Maintenance and Rehabilitation
Safety Projects
Railroad Grade Separations
Date: March 22, 2022
Subject: ADOPT A RESOLUTION ESTABLISHING THE LIST OF SENATE BILL 1 PAVEMENT PROJECTS FOR FISCAL YEAR 2022/2023
Complete Streets Components
Additionally, wherever possible and when cost-effective, recipients are asked to consider:
Technologies and material recycling which will lower greenhouse gas emissions Electric and autonomous vehicle infrastructure
Impacts from climate change and resiliency to impacts from fires, floods, and sea level rise Complete Streets elements which improve bicycle and pedestrian facilities Requirements
Each agency receiving funding is required to provide a list of projects proposed to be funded with the new disbursements pursuant to an adopted budget. This report to the City Council serves that purpose and will ensure the City's compliance to receive its FY 2022-2023 funding allocation.
SB1 emphasizes accountability and transparency, and encourages the list of funded projects to include a nontechnical description written in a manner to allow the main objectives of the project to be clearly and easily understood by the public. Additional information is required, such as why the projects are high-priority and where the projects are located. The project descriptions must also include a proposed schedule for completion and an estimated useful life of the improvements. The Capital Improvement Project Sheets and their attachments include this information.
Another critical requirement of SB1 is that each city or county continue to maintain a certain "level of effort" of street projects funded by the General Fund. The State requires that the City match the "Maintenance of Effort" (MOE), which is the average of the amount of General Fund monies spent on these projects in FY's 2009- 2010, 2010-2011, and 2011-2012. The City of Vallejo has an average MOE for these years of $905,103, which the City will continue to maintain through SB1 implementation.
Schedule
Each year, the City must prepare and submit the list of projects to be funded with SB1 Gas Tax funds to the California Transportation Commission (Commission). The deadlines for reporting these projects for the subsequent completed project reports are listed below:
May 1, 2022 FY Project List due to Commission
August 2022 FY 2022-2023 Disbursement Begin
October 2022 Completed FY 2021-2022 Project Report due to Commission Proposed Projects
The projects the City proposes to utilize SB1 Gas Tax funds in FY 2022-2023 are as follows:
Project Title: Springs Road Improvements (PW9703)
Project Description: Pavement rehabilitation; sidewalk, curb & gutter improvements; installation of ADAcompliant curb ramps Project Location: between Maywood Drive and Parkwood Drive Date: March 22, 2022
Subject: ADOPT A RESOLUTION ESTABLISHING THE LIST OF SENATE BILL 1 PAVEMENT PROJECTS FOR FISCAL YEAR 2022/2023
Estimated Project Schedule: 7/2020 -- 6/2023
Estimated Project Useful Life: 30 years
Project Title: Redwood Street Road Diet (PW9731)
Project Description: Reduce the number of lanes from four lanes down to two lanes, and rearrange turning lanes and loop detectors at the traffic signals.
Project Location: between Tuolumne Street and Broadway
Estimated Project Schedule: 7/2020 -- 6/2023
Estimated Project Useful Life: 30 years
Project Title: Street / Pavement Maintenance and Rehabilitation (PWC109) Project Description: Maintenance Staff Allocation for work on potholes, striping, and crack sealing streets throughout the City of Vallejo
Project Location: throughout the City of Vallejo
Estimated Project Schedule: 7/2022 -- 6/2023
Estimated Project Useful Life: 5 years
Reporting and Auditing
Again, with the goal of accountability and transparency, each fiscal year the City must report to the Commission a "Completed Project Expenditure Report" which clearly articulates the public benefit from the use of these funds. This report shall include the project description, project location, the amount of funds expended, the estimated useful life of the project and shall address efforts made to reduce greenhouse gas emissions, improvements to electric and autonomous vehicle infrastructure, climate change impacts, implementation of the complete streets program, and any other statutory requirements for each project completed in the previous fiscal year.
FISCAL IMPACT
There is no fiscal impact on the General Fund associated with the approval of this item. The proposed funding and budget appropriation for the SB1 Road Maintenance Capital Project Fund (#226) will be included in the FY 2022-2023 budget as follows:
Revenue Expenditure
Springs Road Improvements (PWC9703)
SB1 Appropriation $2,000,000 $2,000,000
Redwood Street Road Diet (PW9731)
SB1 Appropriation $ 386,260 $ 386,260
Streets / Pavement Maintenance & Rehabilitation (PWC109) SB1 Appropriation $ 300,000 $ 300,000
TOTAL SB1 Appropriation $2,686,260 $2,686,260
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 Date: March 22, 2022
Subject: ADOPT A RESOLUTION ESTABLISHING THE LIST OF SENATE BILL 1 PAVEMENT PROJECTS FOR FISCAL YEAR 2022/2023
indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
ATTACHMENTS
1. RESO SB1 FY22-23 Project List
CONTACT
Melissa L. Tigbao, Acting Public Works Director (707) 648-4085 [email protected]
RESOLUTION NO. 22-______ N.C.
A RESOLUTION ESTABLISHING THE LIST OF PAVEMENT PROJECTS FOR FISCAL YEAR 2022-2023 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.
BE IT RESOLVED by the Council of the City of Vallejo as follows:
WHEREAS, Senate Bill No.1 (SB1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was signed into law by the Governor in April 2017 to address the significant multimodal transportation funding shortfalls statewide; and WHEREAS, SB1 includes accountability and transparency provisions that will ensure the residents of the City of Vallejo (“City) are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA) created by SB1, which list must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City will receive an estimated $2,686,260 in RMRA funding in Fiscal Year 2022- 2023 from SB1; and
WHEREAS, this is the sixth year in which the City is receiving SB1 funding. This funding will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, the repair and replacement of aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities and the project list; and WHEREAS, the City used a Pavement Management System to develop the SB1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB1 will help the City maintain and rehabilitate two major streets/ roads, improve ADA accessibility infrastructure throughout the City and a number of similar projects into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in a “poor” condition and this revenue will help us increase the overall quality of our road system to bring our streets and roads into a “fair” condition over the next decade; and
WHEREAS, the SB1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive benefits to our community and to the State.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Vallejo, State of California, as follows:
1. The foregoing recitals are true and correct.
2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2022-2023 Road Maintenance and Rehabilitation Account revenues:
Project Title: Springs Road Improvements (PW9703)
Project Description: Pavement rehabilitation; sidewalk, curb & gutter improvements; installation of ADA-compliant curb ramps
Project Location: between Rollingwood Dr and Curtis Dr
Estimated Project Amount: $2,000,000
Estimated Project Schedule: 7/2020 – 6/2023
Estimated Project Useful Life: 30 years
Project Title: Redwood Street Road Diet (PW9731)
Project Description: Reduce the number of lanes from four lanes down to two lanes; turning lanes and loop detectors at the traffic signals will also be rearranged Project Location: between Tuolumne Street and Broadway
Estimated Project Amount: $386,260
Estimated Project Schedule: 7/2020 – 6/2023
Estimated Project Useful Life: 30 years
Project Title: Street / Pavement Maintenance and Rehabilitation (PWC109) Project Description: Maintenance Staff Allocation for work on potholes, striping, and crack sealing streets throughout the City of Vallejo
Project Location: throughout the City of Vallejo
Estimated Project Amount: $300,000
Estimated Project Schedule: 7/2022 – 6/2023
Estimated Project Useful Life: 5 years
ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on March 22, 2022, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
ATTEST
ROBERT H. MCCONNELL, MAYOR
DAWN G. ABRAHAMSON, CITY CLERK
CONSENT CALENDAR 8.L.
DATE: March 22, 2022
TO: Mayor and Members of the City Council
FROM: Shawny K. Williams, Chief of Police
SUBJECT: AUTHORIZE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONSULTANT
AND PROFESSIONAL SERVICES AGREEMENT WITH CAPITOL ADVOCACY
PARTNERS FOR GRANT SERVICES FOR THE VALLEJO POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED $100,000 FOR A TOTAL AMOUNT OF $195,000 AND EXTEND THE CONTRACT TERM TO JUNE 30, 2023
RECOMMENDATION
Authorize the City Manager to execute the First Amendment to the Consultant and Professional Services Agreement with Capitol Advocacy Partners, for Police Department grant services, to increase the agreement by $100,000 to a new not-to-exceed amount of $195,000 with the agreement ending on June 30, 2023.
REASONS FOR RECOMMENDATION
Amending the agreement with Capitol Advocacy Partners will continue to support and enhance the Police Department's efforts to identify and pursue federal and state funding opportunities. These funding opportunities allow the department to implement programs to reduce crime, prevent gun violence and build strong community partnerships.
BACKGROUND AND DISCUSSION
In February 2021, the City entered into an agreement with Capitol Advocacy Partners (CAP) to assist the Police Department in grant planning, writing and management services. CAP recently worked with the Police Department to win the Byrne Criminal Justice Innovation Grant from the Department of Justice in the amount of $999,688. Additionally, CAP was instrumental in working with Representative Mike Thompson to add the Police Department to the White House Domestic Policy Council’s Community Violence Intervention Collaborative. In the past two months, CAP has submitted two grants with a total requested combined funding of over $2.5 million to support the City’s efforts around violence prevention and mental health.
CAP meets with staff on a regular basis to review City and Department goals and priorities to strategically locate funding opportunities. CAP facilities meetings between the department and federal, state, and local agencies as well as community organizations. CAP also researches federal technical assistance programs the department can utilize to leverage existing resources. While these programs do not provide direct funding, they can assist in the research and analysis of data to provide evidence-based solutions to address violence in the community.
FISCAL IMPACT
Comprehensive grant planning, engagement and execution services are provided at a rate of $4,190 per month. In-house granting is based on the length of the narrative and ranges from $7,500 to $25,500 per grant.
No additional budget is being requested in FY 2021-22. Funding for this agreement in FY 2022-23 will be requested during the annual budget process to come out from the Police Department's Special Revenue Funds.
Date: March 22, 2022
Subject: AUTHORIZE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH CAPITOL
ADVOCACY PARTNERS FOR GRANT SERVICES FOR THE VALLEJO POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED $100,000 FOR A TOTAL AMOUNT OF $195,000 AND EXTEND THE CONTRACT TERM TO JUNE 30, 2023
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. CAP Amendment to Master Agreement 2-11-22 Draft CAO Stamp
CONTACT
Shawny Willilams, Chief of Police
[email protected]
First Amendment to Agreement Between City of Vallejo and Capitol Advocacy Partners Page 1 of 3 (Revised 01.2019)
Approved as to form:
By: for
Veronica Nebb, City Attorney
FIRST AMENDMENT TO
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
BETWEEN
CITY OF VALLEJO
AND
CAPITOL ADVOCACY PARTNERS
This First Amendment (the “Amendment”) to the Consultant and Professional Services Agreement entered into on February 1, 2021, (the “Agreement”), between Capitol Advocacy Partners, (the “Consultant”), and the City of Vallejo, a municipal corporation, (the “City”), is made and entered into on this 22nd day of March 2022.
Consultant and City do mutually agree as follows:
1. Payment for Services. The maximum not to exceed amount specified in Exhibit B of the Agreement is increased by one hundred thousand dollars ($100,000) and the not to exceed amount is increased to a total of one hundred and ninety-five thousand dollars ($195,000).
2. Revised Term of the Agreement. The Agreement term is currently scheduled to expire on June 30, 2022. As of the date of this Amendment, the term of the Agreement is extended to and shall expire on June 30, 2023.
City shall, at its discretion, have the right to extend the term of the Agreement, in intervals of one year by written notice to Consultant. The total duration of the Agreement, including the exercise of any options under this section, shall not exceed three years.
3. Integration. This Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this Amendment. This Amendment shall not be amended or modified except by a written agreement executed by each of the parties.
Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Consultant shall perform all duties, obligations and conditions required under the Agreement.
4. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall control in all respects.
5. Ambiguities. The parties have each carefully reviewed this Amendment and have agreed to each term of this Amendment. No ambiguity shall be presumed to be construed against either party.
First Amendment to Agreement Between City of Vallejo and Capitol Advocacy Partners Page 2 of 3 (Revised 01.2019)
6. Counterparts. This Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
7. Authority. The person signing this Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this Amendment on behalf of Consultant.
(SIGNATURES ARE ON THE FOLLOWING PAGE)
First Amendment to Agreement Between City of Vallejo and Capitol Advocacy Partners Page 3 of 3 (Revised 01.2019)
IN WITNESS WHEREOF, the parties have entered into this Amendment on the day and year first hereinabove appearing.
CAPITOL ADVOCACY PARTNERS,
a partnership
BY:
Dana DeBeaumont
Partner
DATE:
(City Seal)
CITY OF VALLEJO,
a municipal corporation
BY:
Michael Malone
Interim City Manager
DATE:
ATTEST:
Dawn Abrahamson
City Clerk
APPROVED AS TO CONTENT:
Shawny K. Williams
Chief of Police
APPROVED AS TO FORM:
Veronica A.F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
Armond Sarkis
Risk Manager
CONSENT CALENDAR 8.M.
DATE: March 22, 2022
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, Acting Public Works Director
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
MEMORANDUM OF AGREEMENT WITH THE SOLANO STORMWATER ALLIANCE
RECOMMENDATION
Adopt a resolution authorizing the City Manager to enter into a Memorandum of Agreement with the Solano Stormwater Alliance, which is comprised of the following jurisdictions and agencies: Fairfield Suisun Water District, City of Fairfield, Suisun City and Vallejo Wastewater and Flood Control District.
REASONS FOR RECOMMENDATION
For the last 10 years, the Fairfield-Suisun Sewer District has been working with the Vallejo Flood & Wastewater District and the cities of Fairfield, Suisun City, and Vallejo to coordinate compliance with the Regional Water Quality Control Board’s Municipal Regional Stormwater Permit (MRP). This Memorandum of Agreement would formalize the group’s commitment to collaborate on the new MRP-3 that will become effective on July 1, 2022. In addition, the sharing of information and resources will be beneficial to the City and will help with the completion of the City’s Stormwater Annual Report that is due on September 30, 2022.
BACKGROUND AND DISCUSSION
The Federal Clean Water Act (CWA) was amended in 1987 to address urban stormwater runoff pollution of the nation’s waters. In 1990, US EPA promulgated rules establishing Phase 1 of the National Pollutant Discharge Elimination System (NPDES) stormwater program. The Phase 1 program for Municipal Separate Storm Sewer System (MS4s) requires operators that serve populations greater than 100,000 persons to implement a stormwater management program as a means to control polluted discharges from these MS4s.
The Water Board issued county-wide municipal stormwater permits in the early 1990s to operators of MS4s serving populations over 100,000 (Phase 1). On November 19, 2015, the Water Board re-issued these countywide municipal stormwater permits as one Municipal Regional Stormwater NPDES Permit to regulate stormwater discharges from municipalities and local agencies in Alameda, Contra Costa, San Mateo, and Santa Clara counties, and the cities of Fairfield, Suisun City, and Vallejo.
For the last 10 years, the Fairfield-Suisun Sewer District has been working with the Vallejo Flood & Wastewater District and the cities of Fairfield, Suisun City, and Vallejo to coordinate compliance with the Regional Water Quality Control Board’s Municipal Regional Stormwater Permit (MRP). This Memorandum of Agreement (MOA) would formalize the group’s commitment to collaborate regionally on the new MRP 3 requirements for the next permit term that commences on July 1, 2022 and will last for a period of five years.
Historically, permit collaborations were primarily based on informal agreement between the Permittees, but this new agreement will more clearly define their roles and responsibilities, including how resources will be managed and/or shared, which will benefit all the participating jurisdictions and agencies.
The Fairfield Suisun Sewer District (FSSD) will serve as the MOA Alliance Fiscal Agent/Manager and will be responsible for administrative and technical coordination consistent with the MRP requirements. Although Vallejo is not required to join or enter into an agreement with the Solano Stormwater Alliance (Alliance), we Date: March 22, 2022
Subject: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
MEMORANDUM OF AGREEMENT WITH THE SOLANO STORMWATER
ALLIANCE
believe there are clear benefits. Alliance members will be able to collaborate with one another and share resources (i.e. sampling, monitoring, inspections, training, outreach and education), which will assist the Alliance members with completing their respective Stormwater Annual Reports that are due on September 30th of each year.
FISCAL IMPACT
Stormwater costs are programmatic rather than project-related, and there is currently no funding mechanism in place to cover the majority of stormwater-related costs. The Solano Stormwater Alliance program costs have been allocated based on population. However, the City’s share of cost has been reduced by 3% to offset its undertaking of Brown Act Compliance obligations on behalf of the Alliance members; therefore, the City’s annual cost will be approximately $34,047. Funding for FY 21-22 will come from the existing budget of Public Works Department. Future funding of these costs will be requested during the annual budget process.
Approval of the MOA will have no impact on the costs of compliance with any other stormwater mandates of the California Regional Water Quality Control Board.
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(b)(5).
ATTACHMENTS
1. MOA Resolution_CAO Stamp
2. Solano Stormwater Alliance_MOA_03_10_2022
CONTACT
Melissa Tigbao, Acting Public Works Director (707) 648-4301 [email protected]
Derek Crutchfield, Acting Environmental Services Manager (707) 648-5346 [email protected]
RESOLUTION NO. 22-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AUTHORIZING THE
INTERIM CITY MANAGER TO ENTER INTO A MEMORANDUM OF AGREEMENT FOR
THE SOLANO STORMWATER ALLIANCE PROGRAM
Whereas, in 1972 Congress passed the Clean Water Act to reduce pollution from factories, municipal sewage treatment plants, and similar facilities that pipe wastes to streams, rivers, lakes, or bays; and
Whereas, the 1987 Amendments to the Clean Water Act expanded the pollution reduction mandate to include discharges from Municipal Separate Storm Sewer Systems (MS4s, or storm drains); and
Whereas, the California Water Quality Control Board for the San Francisco Bay Region (RWQCB) issued the first California municipal stormwater National Pollutant Discharge Elimination System (NPDES) permits in 1989; and
Whereas, the stormwater NPDES permits require owners of MS4s--including cities, towns, and counties, state and regional transportation agencies, flood control districts, and others-- to control the myriad sources of pollutants that enter and are transported through their systems; and
Whereas, for the last 10 years the Fairfield-Suisun Sewer District has been working with the Vallejo Flood & Wastewater District and the cities of Fairfield, Suisun City, and Vallejo to coordinate compliance with the Regional Water Quality Control Board’s Municipal Regional Stormwater Permit (MRP); and
Whereas, the Memorandum of Agreement (MOA) would formalize the Fairfield Suisun Water District, City of Fairfield, Suisun City and Vallejo Wastewater and Flood Control District, and the City of Vallejo’s commitment to collaborate regionally on the new MRP 3 requirements and share resources for the next permit term that commences on July 1, 2022; and
Now, therefore, be it resolved that the City of Vallejo City Manager is authorized to enter into a memorandum of Agreement with the Solano Stormwater Alliance; and Be it further resolved that these authorizations are effective for a period of five (5) years from the date of adoption through March 22, 2027, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
ROBERT MCCONNELL, MAYOR
_________________________________
DAWN G. ABRAHAMSON, CITY CLERK
3/10/2022 | PAGE 1 OF 10
AGREEMENT
PROVIDING FOR IMPLEMENTATION
OF THE
SOLANO STORMWATER ALLIANCE
THIS AGREEMENT is made and entered into by and between the CITY OF FAIRFIELD (Fairfield), a municipal corporation of the State of California; CITY OF SUISUN CITY (Suisun City), a municipal corporation of the State of California; CITY OF VALLEJO (Vallejo), a municipal corporation of the State of California; VALLEJO FLOOD AND WASTEWATER DISTRICT (VFWD) a special district of the State of California; and FAIRFIELD-SUISUN SEWER DISTRICT (FSSD), a special district of the State of California.
All of the above-mentioned entities are hereinafter collectively referred to as ‘‘PARTIES” or individually as “PARTY.”
RECITALS:
A. The Water Quality Control Plan for the San Francisco Bay Basin (hereinafter “Basin Plan”), adopted by the California Regional Water Quality Control Board, San Francisco Bay Region (hereinafter “Regional Water Board”), in implementation of the Federal Clean Water Act, and the Municipal Regional Stormwater NPDES Permit (hereinafter “MRP Permit”) requires that the PARTIES develop a program to control the discharge of pollutants from urban runoff in the Solano County area that drains to the San Francisco Bay.
B. In furtherance of their responsibilities pursuant to the Basin Plan and the applicable MRP Permit, the PARTIES are entering into this agreement to equitably share the costs of regional mandates and compliance activities required by the MRP Permit.
C. The activities undertaken by the PARTIES pursuant to this Agreement shall collectively be known as the Solano Stormwater Alliance (hereafter “the Program”).
D. The Program contains elements that provide a general benefit to the PARTIES (such as monitoring, public education, staff training, program administration, etc.). In addition to the Program elements, each Party has the responsibility to implement MRP Permit requirements within its jurisdiction. Activities carried out by a Party may include but are not limited to municipal operations and maintenance, construction site inspections and enforcement, commercial and industrial inspection and enforcement, illicit and illegal connection inspections, trash and 3/10/2022 | PAGE 2 OF 10
other pollutant reductions, and implementation of new development and redevelopment treatment requirements.
E. In and for the mutual interests of the PARTIES, the PARTIES desire to formalize the Program and to enter into this Agreement for the purpose of ensuring participation, in terms of cost and administrative responsibilities, and to make certain updates to facilitate implementation of the Program in compliance with the MRP Permit.
F. FSSD is a special district, a legally constituted government entity established to manage wastewater and stormwater in the Cities of Fairfield and Suisun City.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. Solano Stormwater Alliance
1.01 Solano Stormwater Alliance is hereby formalized (hereinafter “the Program”) to assist the PARTIES to fulfill the requirements of the Municipal Regional Permit as it exists, may be modified, or may be reissued in the future (hereinafter “MRP Permit”).
1.02 The Program is a collective effort and implementation of area-wide activities, designed to benefit all PARTIES.
Section 2. Management Committee
2.01 A Management Committee shall be formed and provide overall Program direction and coordination.
2.02 The Management Committee may, as necessary, adopt and revise bylaws for its governance.
2.03 The Management Committee shall consider MRP Permit compliance, including benefit to a majority of the PARTIES, as a primary objective in approving Program tasks and corresponding budgets.
2.04 The Management Committee shall be composed of one designated voting representative from each PARTY and up to one alternate voting member from each PARTY. Appointments shall be made by the City Manager or the equivalent of the respective PARTIES and a confirming letter sent to the Program Manager.
2.05 A quorum for the conduct of business by the Management Committee shall be a majority (50% plus one) of the voting PARTIES to the Agreement.
2.06 In order to provide transparency and allow public participation, agendas for official Management Committee meetings will be publicly posted, the public allowed to 3/10/2022 | PAGE 3 OF 10
participate and provide comment during those meetings, and meeting minutes publicly posted on the City of Vallejo website. City of Vallejo shall be solely responsible for preparing and posting meeting agendas, taking minutes, and performing any actions necessary to allow public participation.
2.07 The PARTIES shall attempt to achieve consensus to resolve issues and reach decisions, but shall rely on a simple majority vote of the PARTIES (50% plus one) for all decisions requiring a vote, except for changes to this Agreement (including changes to the cost allocation) and approval of the Annual Budget, which require both an affirmative vote by a majority of the PARTIES and the approval by a simple majority of the governing bodies of the PARTIES.
2.08 Management Committee approval is required prior to any Program expenditure by the Fiscal Agent or any other PARTY to this Agreement.
2.09 Approval by the Management Committee of a motion to submit a report to the Regional Water Board or the State Water Board will be considered a submittal on behalf of all PARTIES unless a PARTY notifies the Management Committee in writing that it does not wish the report to be submitted on its behalf.
Section 3. Program Budget Cost Allocation
3.01 The PARTIES shall each pay a yearly contribution into a fund established for Program operations. Each PARTY’s contribution shall be based upon the cost allocation in Exhibit A. The cost allocation in Exhibit A shall remain in effect unless and until a revised cost allocation is adopted through an amendment to the Agreement.
3.02 Invoices for payment of Program cost allocations will be sent out by January 31 of each year. If payment has not been received by the Fiscal Agent by March 31, a notice of non-payment will be mailed to the PARTY. If payment has not been received within 60 days of the notice of non-payment, the PARTY will receive notice that their participation in the Program will be terminated effective 30 days from the notice of termination.
Section 4. Fiscal Agent
4.01 The FSSD shall serve as the Fiscal Agent for the Program.
4.02 If FSSD decides to relinquish the role of Fiscal Agent, the Fiscal Agent will notify the Management Committee, in writing, prior to December 30 and will continue to act as Fiscal Agent until June 30 of the following year. In that event, or if FSSD withdraws from the Program, the Management Committee will then select a willing PARTY as Fiscal Agent to serve commencing July 1. In the event that the Fiscal Agent must withdraw from its role prior to the June 30 date, the Management Committee shall appoint an acting Fiscal Agent to serve until the new Fiscal Agent is appointed starting the following 3/10/2022 | PAGE 4 OF 10
-
July 1.
4.03 The Management Committee may replace an acting Fiscal Agent by notifying the Fiscal Agent in writing prior to December 30. The Management Committee will then select a willing PARTY to serve as Fiscal Agent beginning July 1.
4.04 The Fiscal Agent shall be the treasurer of Program funds. The Fiscal Agent, in accordance with generally accepted accounting procedures, shall keep the Program funds segregated from any other funds administered by the Fiscal Agent; shall credit the Program with appropriate interest income earned on Program funds in each fiscal year; and shall not expend any funds except in accordance with the annual budget approved by the Management Committee or as otherwise directed by the Management Committee.
4.05 The Fiscal Agent will provide a proper accounting of funds and reports of all receipts and disbursements. The Fiscal Agent shall execute contracts and process invoices in a timely manner. The Fiscal Agent may be reimbursed for reasonable expenses associated with oversight of Program accounts with the agreement of the Management Committee. In addition, a PARTY to this Agreement, pursuant to the direction of the Management Committee, may let and administer approved consultant contracts on behalf of the Program, following their own purchasing and contracting policy. Any PARTY to this Agreement who is administering a contract for the Program (Contracting Agent) shall be compensated for its services and/or contract costs as agreed to in advance by the Management Committee. All consultant contracts will contain hold harmless and indemnity provisions and insurance requirements for the benefit of all PARTIES.
Section 5. Program Management
5.01 FSSD shall serve as the initial Program Manager for the Program. If FSSD or another Program Manager decides to relinquish the role of Program Manager, the Program Manager will notify the Management Committee, in writing, at least 90 days prior to their termination of Program Management services.
5.02 The Management Committee may select a willing PARTY or outside contractor to act as Program Manager for a term of 5 years. The Management committee may replace a Program Manager by noticing the current Program Manager at least 90 days prior to the termination of the current Program Manager’ s services.
5.03 The Program Manager shall be responsible for Program management and administration, and technical program management in accordance with the PARTIES’ MRP Permit and as directed by the Management Committee. The Program Manager shall be paid from Program funds in accordance with the adopted Program budget.
Program Manager costs shall include 55% salary and benefits of one Senior Engineer 3/10/2022 | PAGE 5 OF 10
FSSD staff.
5.04 The Program Manager’s appointing authority is solely obligated to pay all applicable taxes, deductions and other obligations including, but not limited to, federal and state income taxes, withholding, Social Security, unemployment, disability insurance, Workers' Compensation and Medicare payments due on behalf of the Program Manager. The Program Manager’s appointing authority shall indemnify and hold the other Parties harmless from any liability which a Party may incur because of the appointing authority’s failure to pay such obligations.
Section 6. Duties of the PARTIES
6.01 In addition to the participation in the Management Committee, the PARTIES accept and agree to perform the following duties:
(a) Each will authorize a representative to reapply for an MRP Permit at the appropriate time as co-applicant with the other PARTIES; (b) Each will comply with its applicable identified portion of Program implementation;
(c) Each will select a representative to participate in Management Committee meetings and other required meetings of the PARTIES as set forth in subsection 2.04 above;
(d) Each will fund and implement its share of the Program; and (e) Each has the responsibility to implement permit requirements within its jurisdiction.
6.02 This Agreement does not restrict the PARTIES from the ability to individually (or collectively) request MRP Permit modifications and/or initiate MRP Permit appeals or related actions relating to permit provisions to the extent that a provision affects an individual Party (or group of PARTIES).
Section 7. Term of Agreement
7.01 The term of this Agreement shall commence upon execution by the PARTIES and terminate on June 30, 2028. The cost allocation in Exhibit A shall become effective starting July 1, 2022, so that costs are allocated based on one amount for the fiscal year.
7.02 If the existence of this Agreement is necessary to remain in compliance with permit requirements promulgated by the Regional Water Quality Control Boards, and the PARTIES have not modified or extended the Agreement after its expiration, the Agreement will remain in effect on a month-to-month basis until formally amended or repealed by the PARTIES.
7.03 Any PARTY may terminate its participation in this Agreement by giving the 3/10/2022 | PAGE 6 OF 10
Management Committee at least ninety (90) days written notice. The terminating PARTY will bear the full responsibility for its compliance with the MRP Permit commencing on the effective date of its termination. Unless the termination is scheduled to be effective concurrently with the end of the fiscal year in which the notice is given, termination shall constitute forfeiture of the terminating PARTY’s share of the Program Budget that has already been spent or already committed by the termination date. The Management Committee shall recalculate the cost allocation for the remaining PARTIES for the following fiscal year.
Section 8. General Legal Provisions
8.01 This Agreement supersedes all prior agreement(s) among all the PARTIES regarding the Program but does not supersede any other agreements between any of the PARTIES.
8.02 This Agreement may be executed and delivered in any number of copies (“counterpart”) by the PARTIES, including by means of email, which such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such electronic signature were an original signature. When each PARTY has signed and delivered at least one counterpart to the Program, each counterpart shall be deemed an original and, taken together, shall constitute one and the same Agreement, which shall be binding and effective as to the PARTIES hereto.
8.03 No PARTY shall, by entering into this Agreement, participating in the Management Committee, or agreeing to serve as Fiscal Agent, Contracting Agent and/or Program Manager assume or be deemed to assume responsibility for any other PARTY in complying with the requirements of the MRP Permit. This Agreement is intended solely for the convenience and benefit of the PARTIES hereto and shall not be deemed to be for the benefit of any third party and may not be enforced by any third party, including, but not limited to, the United States Environmental Protection Agency, the State Water Resources Control Board, the Regional Water Board, and private nongovernmental organizations, or any person acting on their behalf of in their stead.
8.04 The Parties are each an independent contractor and are neither an agent, officer nor employee of any other Party. The Parties mutually understand that this Agreement is between independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association.
8.05 It is understood and agreed that, pursuant to Government Code section 895.4, each PARTY (“indemnitor”) shall, to the extent permitted by law and in proportion to indemnitor’s percentage of fault, defend, indemnify and save harmless each other 3/10/2022 | PAGE 7 OF 10
PARTY, and its officers, employees, volunteers, and contractors from all claims, suits or actions of every name, kind and description resulting from indemnitor and indemnitor’s members, officers, directors, contractors, subcontractors, agents or employees’ performance of this Agreement, excluding any injuries, death, damage or liability resulting from the gross negligence or willful misconduct of the other PARTIES or their officers or employees.
8.06 This Agreement shall be governed by the laws of the State of California.
8.07 In the event that suit shall be brought by a PARTY, the PARTIES agree that venue and personal jurisdiction shall be vested exclusively in the Solano County Superior Court.
[remainder of page intentionally blank]
3/10/2022 | PAGE 8 OF 10
EXHIBIT A
Permittee Population1
Cost
Allocation2,3
City of Vallejo 20%
Vallejo Flood and Wastewater
120,979
24%
City of Suisun City 29,371 12%
City of Fairfield 117,614 44%
Total 267,964 100%
1. 2020 population estimate from US Census Bureau
2. Based on % of total population within Solano Permittees combined areas
3. City of Vallejo’s original cost allocation of 23% is reduced by 3% to offset its undertaking the Brown Act compliance with Section 2.06 of the Agreement on behalf of the PARTIES. 9 IN WITNESS WHEREOF, the PARTIES have executed this Agreement on the dates hereafter set forth.
Dated: ___________________________ CITY OF VALLEJO
By: _____________________________
Its: ______________________________
APPROVED AS TO FORM:
By: ______________________________
Attorney
Dated: ___________________________ VALLEJO FLOOD AND
WASTEWATER DISTRICT
By: _____________________________
Its: ______________________________
APPROVED AS TO FORM:
By: ______________________________
Attorney
Dated: ___________________________ CITY OF FAIRFIELD
By: _____________________________
Its: ______________________________
APPROVED AS TO FORM:
By: ______________________________
Attorney
10 Dated: ___________________________ CITY OF SUISUN CITY By: _____________________________
Its: ______________________________
APPROVED AS TO FORM:
By: ______________________________
Attorney
Dated: ___________________________ FAIRFIELD-SUISUN SEWER
DISTRICT
By: _____________________________
Its: ______________________________
APPROVED AS TO FORM:
By: ______________________________
Attorney
CONSENT CALENDAR 8.N.
DATE: March 22, 2022
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, Public Works Director (A)
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
THIRD AMENDMENT TO THE CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH TRC SOLUTIONS, INC.
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute the Third Amendment to the Consultant and Professional Services Agreement with TRC Solutions, Inc. to extend the expiration date to June 30, 2022, and increase the not to exceed limit to $108,206 for monitoring of lead and asbestos levels in the Vallejo Police Department building located at 111 Amador Street.
REASONS FOR RECOMMENDATION
The Third Amendment will extend the Consultant and Professional Services Agreement and increase the contract amount from $99,955 to $108,206 in order to continue regular testing and monitoring of lead and asbestos levels in the Vallejo Police Department building at 111 Amador Street through the end of the fiscal year. Per Municipal Code section 3.20.050(C), the award of contracts for services over $100,000 requires City Council approval.
BACKGROUND AND DISCUSSION
On September 13, 2017, the City of Vallejo (City) Public Works Department solicited written proposals to conduct regular monitoring of lead and asbestos levels at the Vallejo Police Department Building, located at 111 Amador Street, and to report findings and make recommendations. The City awarded the contract in the amount of $80,760 to TRC Solutions, Inc.
On July 13, 2018, the City executed the First Amendment to the Agreement with TRC to conduct additional testing at the cost of $1,395.
Subsequently, City staff found it necessary to further enhance the lead sampling tasks, and a Second Amendment to the Agreement was executed on February 28, 2021, increasing the not to exceed limit to $99,955 and extending the expiration date an additional year.
In order to continue the testing and monitoring services through the end of Fiscal Year 2021-2022, staff recommend executing a Third Amendment to the Agreement to extend the expiration date to June 30, 2022 and increase the contract amount from $99,955 to a new not to exceed amount of $108,206.
Within the coming months, staff will conduct a Request for Proposals for these services and award a new contract to be effective in Fiscal Year 2022-2023.
FISCAL IMPACT
Date: March 22, 2022
Subject: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
THIRD AMENDMENT TO THE CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH TRC SOLUTIONS, INC.
There is no additional fiscal impact associated with this action. Funding for the services is included in the FY 2021-2022 Council approved Public Works Department operating budget.
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. Third Amendment to TRC Consultant Agreement_CAO Stamp (1)
2. TRC Third Amendment Resolution_LZ (1)
CONTACT
Melissa Tigbao, Public Works Director (A) (707) 648-4301 [email protected]
Derek Crutchfield, Interim Environmental Services Manager (707) 648-5346 [email protected]
THIRD AMENDMENT TO
CONSULTANT AND PROFESSIONAL SERVICES
AGREEMENT BETWEEN
CITY OF VALLEJO
AND
TRC SOLUTIONS, INC.
This Third Amendment to the Consultant and Professional Services Agreement (Third Amendment) between TRC Solutions, Inc., a California Corporation (Consultant), and the City of Vallejo, a municipal corporation (City), is made and entered into on this 6th day of January, 2022.
Recitals.
A. On January 8, 2018, City and Consultant entered into a Professional Services Agreement (Agreement), whereby Consultant agreed to conduct regular monitoring of lead and asbestos levels at the Vallejo Police Department building at 111 Amador Street; and
B. On July 13, 2018, City and Consultant amended the Agreement to incorporate additional sampling at an additional cost (First Amendment); and C. On February 28, 2021, City and Consultant entered into a Second Amendment to the Agreement to enhance the lead sampling services at a not-to-exceed cost of $99,955 (Second Amendment).
D. The Agreement, as modified by the First and Second Amendments, shall be referred to as the “Existing Agreement.”
NOW, THEREFORE, in consideration of the terms and conditions set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Consultant and City agree as follows:
1. Term. The term of the Existing Agreement is hereby extended to June 30, 2022.
2. Replacement of Exhibit B. Exhibit B to the Existing Agreement is hereby amended and replaced in its entirety with Exhibit B attached hereto.
3. Integration. The Existing Agreement, as modified by this Third Amendment, contains the entire agreement between the parties with respect to its subject matter and
supersedes whatever oral or written understanding the Parties may have had prior to the execution of this Third Amendment. The Existing Agreement and this Third Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Existing Agreement shall remain in full force and effect, and CONSULTANT shall perform all duties, obligations and conditions required under the Existing Agreement.
4. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this Third Amendment and the Existing Agreement, the provisions of this Third Amendment shall control in all respects.
5. Ambiguities. The parties have each carefully reviewed this Third Amendment and have agreed to each term of this Third Amendment. No ambiguity shall be presumed to be construed against either party.
6. Counterparts. This Third Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
7. Facsimile Signatures. This Third Amendment shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise. Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party at the addresses noted below. The failure to send an original shall not affect the binding nature of this Third Amendment.
City: Derek Crutchfield
Acting Environmental Services Manager
Public Works Department – Engineering Division
555 Santa Clara Street
Vallejo, CA 94590
Consultant: Ian Dirk CAC, CDPH,
Senior Project Manager
TRC Solutions, Inc.
505 Sansome St. Suite 1600
San Francisco, CA 94111
8. Authority. The person signing this Third Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this Third Amendment on behalf of Consultant.
(SIGNATURES ARE ON THE FOLLOWING PAGE)
IN WITNESS WHEREOF, the parties have entered into this Third Amendment on the day and year shown below the name of each of the parties.
TRC SOLUTIONS, INC.
a California corporation
By:
Ian Dirk
Senior Project Leader
DATE: _____________________
Vallejo Business License No.
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By:________________________
Melissa Tigbao
Acting Public Works Director
DATE:______________________
ATTEST:
By:________________________
Dawn Abrahamson, City Clerk
APPROVED AS TO FORM:
__________________________
Veronica A. F. Nebb
City Attorney
APPROVED AS INSURANCE:
Armond Sarkis
Risk Manager
Third
Amendment
EXHIBIT B
COMPENSATION
1. Consultant’s Compensation.
A. Services: City agrees to pay Consultant, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed One Hundred Eight Thousand Two Hundred Six Dollars [$108,206.00].
Consultant shall notify City in writing no later than thirty (30) days prior to the estimated date when Consultant will have billed City the maximum payment amount permitted under this Agreement, and Consultant shall provide City with an estimate of the additional compensation required to complete the project.
B. Additional Services:
1. Additional Services are those services related to the scope of Services of Consultant as set forth in Exhibit A but not anticipated at the time of execution of this Agreement. Additional Services shall be provided only when a Supplemental Agreement authorizing such Additional Services is approved by the City Manager, or his or her designee. City reserves the right to perform any Additional Services with its own staff or to retain other Consultants to perform said Additional Services.
2. Consultant’s compensation for Additional Services shall be based on the total number of hours spent on Additional Services multiplied by the employees' appropriate billable hourly rate as established below. City, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises. Where a fixed fee for Additional Services is established by mutual Agreement between City and Consultant, compensation to Consultant shall not exceed the fixed fee amount.
2. Appropriate Billable Hourly Rates for Services and Additional Services.
Consultant’s billable hourly and unit rates shall be as listed in Attachment 1 of Exhibit B, attached hereto and incorporated herein by this reference.
3. Consultant’s Reimbursable Expenses. Reimbursable Expenses shall be limited to actual reasonable expenditures of Consultant for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.
4. Payments to Consultant.
Third
Amendment
A. Payments to Consultant shall be made within thirty (30) days time after receipt of Consultant’s invoice, said payments to be made in proportion to services performed.
Consultant may request payment on a monthly basis. Consultant shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.
B. All invoices submitted by Consultant shall contain the following information:
1. Description of services billed under this invoice
2. Date of Invoice Issuance
3. Sequential Invoice Number
4. City’s Purchase Order Number (if issued)
5. Social Security Number or Taxpayer Identification Number
6. Amount of this Invoice (Itemize all Reimbursable Expenses”)
7. Total Billed to Date
C. Items shall be separated into Services and Reimbursable Expenses. Billings that do not conform to the format outlined above shall be returned to Consultant for correction. City shall not be responsible for delays in payment to Consultant resulting from Consultant’s failure to comply with the invoice format described above.
D. Request for payment shall be sent to:
Derek Crutchfield
Acting Environmental Services Manager
Public Works Department
555 Santa Clara Street
Vallejo, CA 94590
5. Accounting Records of Consultant. Consultant shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Consultant’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Consultant’s Reimbursable Expenses, in accordance with generally accepted accounting practices.
Consultant shall keep such records available for audit, inspection and copying, at the City's sole cost, by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty four (24) hours’ notice.
The obligations of Consultant under this section shall survive this Agreement.
6. Taxes. Consultant shall pay, when and as due, any and all taxes incurred as a result of Consultant’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
Third
Amendment
7. Taxpayer Identification Number. Consultant shall provide City with Consultant’s complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by City.
Third
Amendment
RESOLUTION NO. 22-______ N.C.
RESOLUTION APPROVING THE THIRD AMENDMENT TO THE CONSULTANT PROFESSIONALSERVICES AGREEMENT WITH TRC SOLUTIONS, INC.
WHEREAS, on January 8, 2018, the City entered into a Consultant and Professional Services Agreement (“Agreement”) with TRC Solutions, Inc. (“TRC”) to conduct regular monitoring of lead and asbestos levels at the Vallejo Police Department Building, located at 111 Amador Street, Vallejo, California; and
WHEREAS, the Agreement authorized TRC. to complete seven tasks outlined in the scope of work at a cost of $80,760; and
WHEREAS, on July 13, 2018, a First Amendment to the Agreement was executed to increase the scope of work to include an additional task for an additional $1,395; and WHEREAS, on February 28, 2021, a Second Amendment to the Agreement was executed to enhance tasks outlined in the scope of work and extend the term of the Agreement, which increased the not to exceed amount of the Agreement to $99,955; and
WHEREAS, the third amendment will extend the term of the Agreement until the end of fiscal year 21/22 to allow TRC to complete its sampling; WHEREAS, an additional $9,045 in funding is needed to pay TRC to complete sampling through the end of fiscal year 21/22; and
WHEREAS, Municipal Code Section 3.20.050(C) requires contracts for services over $100,000 to be approved by the City Council.
NOW, THEREFORE BE IT RESOLVED that the Vallejo City Council hereby authorizes the City Manager or his designee to execute a Third Amendment to the Agreement with TRC for a not to exceed amount of $108,206.
Adopted by the City Council of the City of Vallejo at a regular meeting held on March 22, 2022 with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
ROBERT MCCONNELL, MAYOR
________________________________
DAWN G. ABRAHAMSON, CITY CLERK
CONSENT CALENDAR 8.O.
DATE: March 22, 2022
TO: Mayor and Members of the City Council
FROM: Terrance Davis, Interim Assistant City Manager
SUBJECT: AUTHORIZE MAYOR AND CITY MANAGER TO SEND LETTER OF REQUEST TO
SENATOR DODD ON BEHALF OF THE CITY COUNCIL TO SUPPORT STATE
LEGISLATION ENABLING LOCAL TAXING AUTHORITY TO EXCEED THE CURRENT
THRESHOLD
RECOMMENDATION
Send a letter of request to Senator Dodd that legislation be considered to increase Vallejo's local taxing authority to exceed the current local sales and use threshold to support local road improvements.
REASONS FOR RECOMMENDATION
Local sales tax is currently limited under State law to not exceed 2 percent of the State's base 7.25 rate, unless under special provisions. State legislation to increase the allowable sales tax would provide the Council with the ability to offer a future ballot measure to the voters to support increases in local taxes dedicated to road repairs. Authority for an additional local tax increment that exceeds the current State limit would provide a revenue mechanism for Vallejo to finance much needed repairs and upgrade our streets.
BACKGROUND AND DISCUSSION
Vallejo's streets are in disrepair. The Vallejo local road network consists of 711 lane miles, of which 58% are in poor or failed condition, as measured through Pavement Condition Index (PCI). Vallejo has a PCI of 47, as measured on a standard scale from 0-100, which places us well below Solano County’s average of 67. In addition to affecting the quality of life of our residents and visitors, our failing street conditions are costing city taxpayers significant general fund dollars relating to claims for damage to vehicles, wear and tear on City owned vehicles, as well as increased costs to complete restoration projects made necessary due to lack of funds for regular maintenance. Improvement of our local roads to good condition will require over $110 million of local investment to augment existing State Gas Tax and Federal and State grant revenues directed towards local roads. Expanded local sales tax authority could allow Vallejo to finance much needed repairs and upgrade our streets.
The City’s current 8.375 percent tax rate is below the legal limit set forth by the State, which is 2.0 percent above the basic statewide tax rate of 7.25 percent (9.25 total). However, there are other local initiatives being proposed which will likely utilize the 2022 ballot process to seek voter authority for additional tax to support various programs and services. If approved by the voters, these local tax initiatives would reduce the City of Vallejo’s remaining local taxing capacity under existing state law. Therefore, legislation to allow the City of Vallejo to exceed the cap is desirable to have a viable option for increasing local roads funding.
Given the requirements of existing law that authorizes cities and counties to levy transactions and use taxes for general or specific purposes, in accordance with the Transactions and Use Taxes Law, passage of new legislation would authorize and provide the City of Vallejo the opportunity to impose a transactions and use tax for general or specific purposes to support road rehabilitation programs at a rate of above the current authority of 9.25 cap. This new revenue generating authority could, subject to voter approval, open up new local Date: March 22, 2022
Subject: AUTHORIZE MAYOR AND CITY MANAGER TO SEND LETTER OF REQUEST TO
SENATOR DODD ON BEHALF OF THE CITY COUNCIL TO SUPPORT STATE
LEGISLATION ENABLING LOCAL TAXING AUTHORITY TO EXCEED THE
CURRENT THRESHOLD
revenues to alleviate the City’s poor road conditions.
FISCAL IMPACT
There is no fiscal impact associated with this item. This action is limited to legislative advocacy. Any local sales tax initiatives and associated revenue expenditures would require future Council authorization and would be subject to voter approval.
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. Dodd - Increase Tax Cap Request Letter
CONTACT
Terrance Davis, Interim Assistant Manager, (707)648-4301 [email protected]
Office of the City Manager ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4576 March 22, 2022
The Honorable Bill Dodd
California Legislature, Third Senatorial District
State Capitol Office
1021 “O” Street, Suite 6620
Sacramento, CA 95814
RE: Support Passage of Legislation to Increase Local Transaction and Use Tax Authority for Investment in Vallejo Local Roads Infrastructure Dear Senator Dodd:
On behalf of the Vallejo City Council, we write to seek your assistance in authoring and/or securing passage of legislation to allow the City to place a measure before voters to enact a 1.0 percent increment in the transactions and use tax collected within the city to fund repairs related to our crumbling city streets.
As the City discussed with your staff, Vallejo’s streets are in disrepair. The Vallejo local road network consists of 711 lane miles, of which 58% are in poor or failed condition measured through Pavement Condition Index (PCI). Vallejo has a PCI of 47, as measured on a standard scale from 0-100, which places us well below Solano County’s average of 67. In addition to creating safety hazards for our residents and other drivers, our failing street conditions are costing city taxpayers significant general fund dollars relating to claims for damages to vehicles, wear and tear on City owned and operated vehicles, as well as increased costs to complete restoration projects made necessary due to the lack of funds for regular maintenance. Improvement of our local roads to good conditions will require over $110 million of local investment to augment existing State Gas Tax and Federal and State grants revenues directed for local roads. The tax increment will allow Vallejo to finance much needed repairs, upgrade our streets, increase safety and and save substantial money.
The City’s current 8.375 percent tax rate is below the legal limit, which is 2.0 percent above the basic statewide tax rate of 7.25 percent. However, there are other local initiatives currently being proposed by Solano County, which will be likely to utilize the 2022 ballot process to seek voter authority for an additional .25 to .50 tax to support rural fire protection programs and services. If approved by the voters, this County tax initiative would limit Vallejo’s remaining local taxing capacity under existing State law. Therefore, legislation to allow Vallejo to exceed the cap by 1.0 is desirable.
Given the requirements of existing law that authorizes cities and counties to levy a transactions and use taxes for general or specific purposes, in accordance with the Transactions and Use Taxes Law, passage of new legislation would authorize and provide the City of Vallejo the opportunity to impose a transactions and use tax, subject to voter approval, for general or specific purposes to support road rehabilitation programs at a rate of above the current Office of the City Manager ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4576 authority of the existing 9.25 cap. This new revenue generating authority could, subject to voter approval, open up new local revenues to alleviate the City’s extremely poor road conditions.
On April 26, 2022 the City Council will vote on the process to place on the November 2022 ballot a measure to ask city voters to approve a transactions and use tax at a rate of between .50 and
1.00 that is applicable in all areas of the City. A decision regarding the determination of a General versus Special Tax has not been determined. However, either tax may be imposed only if the proposing ordinance is approved by a majority or two-thirds of the voters, in the manner as otherwise required by law, voting on this measure, in an election held on November 8, 2022, or at a subsequent election.
We thank you in advance for your consideration and are available to further discuss this matter at your convenience.
Sincerely,
Robert Mc Connell
Mayor
Vity of Vallejo
Mike Malone
Interim City Manager
City of Vallejo
cc: City Councilmembers
City Clerk
PROCLAMATION
RECOGNIZING DOCTORS’ DAY MARCH 30, 2022
WHEREAS, physicians have dedicated their lives to the care of their patients and to the advancement of medicine and technology; and
WHEREAS, the people in our community depend on our local physicians for their healthcare - 24 hours a day, 7 - days a week; and
WHEREAS, the more than 300 physicians, in 32 specialties, on staff at Sutter Solano Medical Center, selflessly dedicate themselves to providing quality care to the community.
NOW, THEREFORE, BE IT PROCLAIMED, that I, Robert McConnell, Mayor of the City of Vallejo, and the Vallejo City Council, do hereby recognize the contributions of our local physicians and do hereby proclaim Wednesday, March 30, 2022, as National Doctors’ Day in the City of Vallejo.
Dated: March 30, 2022
__________________________________
ROBERT H. MCCONNELL, MAYOR
Vice Mayor Rozzana Verder-Aliga, EdD, District 1
Council Member Cristina Arriola, District 6
Council Member Hakeem Brown, At-Large
Council Member Pippin Dew, At-Large
Council Member Mina Diaz, District 3
Council Member Katy Miessner, At-Large
CONSENT CALENDAR 8.Q.
DATE: March 22, 2022
TO: Mayor and Members of the City Council
FROM: Beth Schoenberger, Acting Water Director
SUBJECT: ADOPT RESOLUTION APPROVING AN ON-CALL CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH 4LEAF, INC. FOR WATER ENGINEERING
CONSULTING SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME IN A TOTAL AMOUNT NOT-TO-EXCEED $2 MILLION AND LIMITED TO $500,000
PER YEAR FOR FOUR YEARS AS PART OF THE CITY'S PROGRAM FOR UPGRADING
AND REPLACING OUTDATED CITY WATER INFRASTRUCTURE
RECOMMENDATION
Adopt resolution approving an on-call consultant and professional services agreement with 4leaf, Inc. for water engineering services and authorizing the city manager to execute same.
REASONS FOR RECOMMENDATION
The ability to deploy consultants on an on-call, as-needed basis allows the Water Department to best manage the anticipated workload to deliver capital projects within the allotted time frame to address aging infrastructure and assure drinking water system reliability for customers.
BACKGROUND AND DISCUSSION
The Water Department anticipates using contract services of consultant firms to perform work on various water Capital Improvement Projects (CIP) and water Engineering-related projects. This work will be variable in scope and may be short-term and/or long-term, depending upon the focus. As a practice, many cities enter into on-call agreements with consultant firms to assign work as needed. In addition, many cities choose to enter into on-call agreements with multiple firms in order to ensure that a consultant's workload issues will not get in the way of a city's critical-path needs, allow staff to best fit the expertise of a particular firm with specific needs of an assignment, and obtain competitive pricing.
Water’s Engineering staff are responsible for reviewing planning and development applications, assisting other divisions within the Water Department with maintenance requests, water conservation and resources planning management, inter-agency coordination, implementing grant programs and strategic planning, responding to customer service requests, and delivering the design and construction of Water’s CIP. When Vallejo's drinking water functions were transitioned into a standalone department, the need to tackle the aging infrastructure was identified as a top priority. A long-term financial plan was prepared, a new rate plan was unanimously approved by Council after an 18-month process of robust community engagement, with direction from the City Council Ad Hoc Water Rate Committee. The financial plan included a projected $27M bond issuance. The Bond Issuance was proposed due to the extensive maintenance, rehabilitation, and replacement needs of the City’s aging drinking water infrastructure. In December 2020, after delays resulting from the pandemic, the City Council approved the Bond Issuance, wherein Water staff had identified a total of fifty-five (55) projects.
Thirty-five (35) of those projects are identified in the published Vallejo FY 2020-21 CIP Budget book. While at the time the Bond proposal anticipated an issuance of $27M, due to record-setting low interest rates at the time of the bond sale (January 2021), the annual projected debt service funded an issuance of $52M, an Date: March 22, 2022
Subject: ADOPT RESOLUTION APPROVING AN ON-CALL CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH 4LEAF, INC. FOR WATER ENGINEERING
CONSULTING SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME IN A TOTAL AMOUNT NOT-TO-EXCEED $2 MILLION AND LIMITED TO $500,000 PER YEAR FOR FOUR YEARS AS PART OF THE CITY'S
PROGRAM FOR UPGRADING AND REPLACING OUTDATED CITY WATER
INFRASTRUCTURE
addition of $25M dollars earmarked for investment in the drinking water system infrastructure for the long term benefit of system reliability for customers. Specialized design and consultant work is a prerequisite to developing the scope and framework for the resulting construction projects. The Bond Issuance requires a minimum of 80% of bond funds be spent within three (3) years. Current staffing levels in Water Engineering are not sufficient to support this requirement while managing the existing workload.
In order to meet the current and anticipated needs for the Water Department’s Capital Improvement Projects which will be funded through the Bond Issuance, as well as emerging critical maintenance needs, City staff issued a Request for Qualifications (RFQ) asking that qualified consultants submit a Statement of Qualifications (SOQ) demonstrating their ability to perform the following services as related specifically to the Water industry in the following major categories:
Program/Project Management
Pipeline Design
Pump Station and Tank Studies, Assessments, and Design Water Treatment Plant Studies, Assessments, and Design Earthen Dams and Associated Geotechnical and Structural Engineering Hydrology Evaluations
Water Distribution System Hydraulic Modeling
Electrical Engineering
Water Resources Management
Environmental Permitting, CEQA and Restoration
Construction Management
Telecommunication Services
The RFQ for On-Call Water Engineering Consulting was released on July 12, 2021. Twentythree proposals were submitted by the due date of August 9, 2021. Staff reviewed the SOQs and ranked each firm by scoring them based on the following criteria as listed in the RFQ:
Firm’s relevant experience and familiarity with issues applicable to the City’s needs. (50%) Qualifications of the firm and assigned individuals. (25%) Fee structure and cost-effectiveness of the consultants. (15%) Reference checks. (10%)
Due to the extensive responsibilities of the Water Department Engineering team and bond obligations, the firms represented by each of the contracts included with this staff report were selected to best meet those needs. These firms possess various requested areas of expertise as set forth in each contract, have recent experience handling on-call services for municipalities, are available to commence services immediately, and have resources and staffing to complete assignments on a timely basis.
Date: March 22, 2022
Subject: ADOPT RESOLUTION APPROVING AN ON-CALL CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH 4LEAF, INC. FOR WATER ENGINEERING
CONSULTING SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME IN A TOTAL AMOUNT NOT-TO-EXCEED $2 MILLION AND LIMITED TO $500,000 PER YEAR FOR FOUR YEARS AS PART OF THE CITY'S
PROGRAM FOR UPGRADING AND REPLACING OUTDATED CITY WATER
INFRASTRUCTURE
Each of the firms have been notified that they are being recommended for agreements in an amount not to exceed $500,000 annually over the initial four-year term of the contract. The specific scope of services, schedule, and cost of work will be defined on a statement of work basis. The statement of work will be signed by the Water Director and the consulting firm prior to beginning work. 4LEAF, Inc. proposed in the areas of Construction Management and will be awarded a Consultant and Professional Agreement. A Design Professional Services Agreement is an agreement for consultants to provide the design and specifications required for a capital project. A Consultant and Professional Agreement covers a similar range of consulting services, such as guidance, plan review, feasibility studies, and planning studies. However, it does not include design criteria.
Staff recommends authorizing the City Manager to execute an agreement with 4LEAF, Inc. This action will authorize the City Manager to execute agreements that will establish a pool of professional consultants under contract with the City through June 30, 2026, with an option to extend agreements for one year.
FISCAL IMPACT
This proposed action will not have any direct impact on the General Fund. Funds to pay each firm for asneeded consultant services in an amount not to exceed $500,000 annually over the initial four-year term contract will come from existing (and future) capital improvement project budgets within the Water Enterprise Fund based on allocated bond funding. The contracts also include a potential one-year extension in a not-toexceed amount of $500,000..
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. 4Leaf_Consultant & Prof Serv Agreement & Attachments (4) CAO STAMP
2. Resolution Awarding On-Call Contracts_4LEAF (1) CAO STAMP
CONTACT
Beth Schoenberger, Acting Water Director (707) 648-5439 [email protected]
Kent Carothers, P.E. Water Engineering Manager (707) 648-4309 [email protected]
Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 11 Approved as to form:
By: for
Veronica Nebb, City Attorney
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
This Consultant and Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 22nd day of March, 2022, by and between the City of Vallejo, a municipal corporation ("City"), and 4LEAF, Inc., a California corporation, hereinafter referred to as “Consultant”, who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide the City professional services as specified in Exhibit A, entitled “Scope of Work.”
2. Payment. City shall pay Consultant for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation.” The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement.
3. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
4. Indemnification. Consultant shall indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, consultant’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Consultant’s operations, or any subcontractor’s operations, to be performed under this agreement for Consultant’s or subcontractor’s tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Consultant, or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by the law, regardless to any limitation by insurance, with the exception of the sole negligence or willful misconduct of the City.
The provisions of this section shall survive the expiration or termination of this Agreement.
Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 11
5. Insurance Requirements. Consultant agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for Consultant.” Failure to maintain required insurance at all times shall constitute a default and material breach.
6. Accident Reports. Consultant shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses, and telephone numbers of any known witnesses, (c) the date, time, and description of the accident or other occurrence.
7. Conflict of Interest. Consultant warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Consultant’s family, business, real property or financial interests and the services to be provided under this Agreement. Consultant shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Consultant’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Consultant shall disclose such conflict in writing to City. Every individual who performs services on behalf of Consultant pursuant to this Agreement must file a full Statement of Economic Interests (also known as Form 700) with the City Clerk if the work of the individual involves making a governmental decision whether to issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; authorizes the City to enter into, modify, or renew a contract; grants City approval of specifications for a contract; adopts or approves for the City any policy, standard or guideline; lobbies on behalf of the City, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code.
8. Independent Contractor. Consultant is an independent contractor. Neither Consultant nor any of Consultant’s officers, employees, agents, or subcontractors, if any, is an employee of City by virtue of this Agreement or performance of any services pursuant to this Agreement. City shall have the right to control Consultant only insofar as the results of Consultant’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services pursuant to this Agreement.
9. Licences, Permits, Etc. Consultant represents and warrants to City that all consultant services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Consultant has all the permits, qualifications and approvals of Consultant and Professional Services Agreement (Revised 01.2019) Page 3 of 11 whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession.
10. Business License. Consultant, and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Consultant until such business license(s) has been obtained.
11. Standard of Performance. Consultant shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Consultant’s profession currently practicing in California.
Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation applicable federal, state, and local laws and regulations, and all other contingencies or considerations.
Consultant’s responsibilities under this section shall not be delegated. Consultant shall be responsible to City for acts, errors, or omissions of Consultant’s subcontractors.
Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work and shall prepare plans, reports, and/or other work products in such a way that additional costs will not be incurred beyond a project budget approved or amended by the City Manager or his or her designee.
Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Consultant is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant.
Consultant and Professional Services Agreement (Revised 01.2019) Page 4 of 11
12. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by causes or circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts.
In the event that the Consultant is unable to meet the completion date or schedule of services, Consultant shall immediately inform the City Representative of this in writing. If additional time is required to perform the work, the City Representative may adjust the schedule.
13. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.
14. Personnel. Consultant agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.
The payment made to Consultant pursuant to this Agreement shall be the full and complete compensation to which Consultant and Consultant’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Consultant nor Consultant’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Consultant. The City shall not be required to pay any workers' compensation insurance on behalf of Consultant.
Consultant shall pay, when and as due, any and all taxes incurred as a result of Consultant’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
15. Consultant Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or his or her designee, Consultant shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.
16. Term. The term of this Agreement shall commence on March 8, 2022, and shall continue in full force and effect until June 30, 2026.
City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Consultant. The total duration of this Consultant and Professional Services Agreement (Revised 01.2019) Page 5 of 11 Agreement, including the exercise of any options under this section, shall not exceed June 30, 2027.
If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo.
If funds to effect such continued payment are not appropriated, Consultant agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.
17. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving notice to Consultant.
Upon receipt of a notice of termination, Consultant shall perform no further work except as specified in the notice. Before the date of termination, Consultant shall deliver to City all City records and documents, all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.
The City shall pay Consultant for services performed in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Consultant for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Consultant for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.
18. Products of Consulting Services. The work product, including without limitation, all writings, work sheets, reports, recordings, drawings, files, detailed calculations and other work products, whether complete or incomplete, of Consultant resulting from services rendered pursuant to this Agreement, shall become the property of City. Consultant agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.
Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (2002) format as Consultant and Professional Services Agreement (Revised 01.2019) Page 6 of 11 appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.
19. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Consultant in the performance of Consultant’s services hereunder.
20. Assignment and Subcontracting. Consultant shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty or obligation under this Agreement without said consent shall be void and of no effect.
If subcontracting of work is permitted, Consultant shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Consultant. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Consultant to use subcontractors for performance of any service under this Agreement.
The City is an intended beneficiary of any work performed by Consultant’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.
Any subcontractor or assignee consented to by City shall be bound by all terms and conditions of this agreement and the same shall be incorporated into and made a part of any assignment or subcontractor agreement.
21. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.
22. Non-Discrimination/Fair Employment Practices.
(a) Consultant shall not, because of race, religious creed, color, sex, national original, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions or other privileges of employment, without regard to his race, religious creed, color, sex, national origin, ancestry, or disability, medical condition, age, marital status or sexual orientation.
Consultant and Professional Services Agreement (Revised 01.2019) Page 7 of 11 Consultant warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.
In all solicitations either by competitive bidding or negotiations made by Consultant for work to be performed under any subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultant’s obligation under this Agreement relative to nondiscrimination and fair employment practices.
Consultant shall include the above provisions of this section in every subcontract, including procurement of materials or equipment.
(b) Consultant agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.
23. Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:
If to City: Beth Schoenberger, Acting Water Director
Water Department
City of Vallejo
202 Fleming Hill Road
Vallejo, CA 94589
If to Consultant: Gene Barry, P.E., Vice President
4LEAF, Inc.
2126 Rheem Drive
Pleasanton, CA 94588
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.
Routine administrative communications shall be made pursuant to section 1 of Exhibit A.
24. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Consultant and Professional Services Agreement (Revised 01.2019) Page 8 of 11 Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.
25. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.
26. Law Governing. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
27. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.
28. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.
29. Gender. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identifications of the person or persons, firm or firms, corporation or corporations may require.
30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.
31. Compliance with Laws. Consultant will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.
32. Confidentiality of City Information. During the performance of services under this Agreement, Consultant may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as "City Information") which are valuable, special and unique assets of the City. Consultant agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Consultant’s scope of work , to protect all City Information and treat it as strictly Consultant and Professional Services Agreement (Revised 01.2019) Page 9 of 11 confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law.
Consultant shall treat all records and work product prepared or maintained by Consultant in the performance of this Agreement as confidential.
A violation by Consultant of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.
Consultant’s obligations under this section shall survive the completion of services, expiration or termination of this Agreement.
33. News and Information Release. Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.
34. City Representative. The City Representative specified in Exhibit A, or the representative's designee, shall administer this Agreement for the City.
35. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.
36. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise.
Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement. The failure to send an original shall not affect the binding nature of this Agreement.
37. Authority. The person signing this Agreement for Consultant hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Consultant.
Consultant and Professional Services Agreement (Revised 01.2019) Page 10 of 11
38. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments [SIGNATURES ON FOLLOWING PAGE]
Consultant and Professional Services Agreement (Revised 01.2019) Page 11 of 11 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
4Leaf, Inc.
a California Corporation
By:
Gene Barry, P.E.
Vice President
DATE:
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By:
Mike Malone
Interim City Manager
DATE:
ATTEST:
By:
Dawn Abrahamson
City Clerk
APPROVED AS TO CONTENT:
Beth Schoenberger
Acting Water Director
APPROVED AS TO FORM:
For
Veronica A. F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
Armond Sarkis
Risk Manager
Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 2 Exhibit A – Scope of Work
EXHIBIT A
SCOPE OF WORK
1. Representatives. The City Representative for this Agreement is:
Matt Brown, P.E., Senior Engineer
Water Department, City of Vallejo
202 Fleming Hill Road, Vallejo, CA 94589
[email protected]
The Consultant’s Representative for this Agreement is:
Gene Barry, P.E., Vice President
4LEAF, Inc
2126 Rheem Drive, Pleasanton, CA 94588
[email protected]
All routine administrative communications between the parties will be between the above-named representatives and may be by personal delivery, mail, or electronic mail as agreed between the Consultant Representative and City’s Representative.
2. Services to be Provided. The Consultant will provide as-needed services for City of Vallejo Water Department projects as assigned by Water Department staff, in written Statements of Work, executed by Consultant before commencement of work on the project. At the discretion of Water Department staff, and considering the capabilities of Consultant, assignments shall be given to Consultant in Construction Management, as more fully set forth in Attachment 1 to Exhibit A, which is incorporated herein by this reference. City shall have no obligation to pay Consultant for any work performed by Consultant that is not set forth in this Agreement or in a Statement of Work.
3. Time for Performance. Consultant will perform services according to the schedule negotiated for each Statement of Work. If the schedule calls for the services to be performed in phases or discrete increments, Consultant shall not proceed from one phase or increment to the next without written authorization from the City’s Representative. Consultant will complete all services for any Statement of Work by the agreed upon date set forth in the Statement of Work.
4. Key Personnel. All of the individuals identified below are necessary for the successful prosecution of the services due to their unique expertise and depth and breadth of experience. There shall be no change in the personnel listed below, without written approval of the City Representative. Consultant recognizes that the composition of this team was instrumental in the City’s decision to award the work to Consultant and that compelling reasons for substituting these individuals must Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 2 Exhibit A – Scope of Work
be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination.
Key personnel will be as identified in Statements of Work.
In mid-2021, the City expects to begin executing a prioritized list of projects identified in its Capital Improvement Program (CIP) that will require immediate resources using several On-call Consultants. These projects will be varied and will require consulting firms with diverse and specialized skill sets. Other services, such as conceptual-level studies, may be needed to support executable design of the CIP. The anticipated service categories are listed below.
1. PROGRAM/PROJECT MANAGEMENT
Consultant will serve as an extension of staff and may provide overall program and project management for projects. Familiarity with Caltrans Projects and their Right of Way (ROW) Manual may be beneficial. The Consultant will schedule and conduct remote project meetings with staff and may be required to work at least two (2) days a week in the Water Department Engineering office located at 202 Fleming Hill Road, Vallejo, California, under COVID-19 provisions for Solano County.
Potential projects include:
• Overseeing another consultant preparing the design of a large diameter pipeline in an area outside the City requiring coordination with Napa County. • Review of developer plans as part of the developer review process. • Assistance with developing project schedules and budgeting for CIP projects.
• Assist with the planning and implementation of a Water Exchange Policy and/or water supply agreements with neighboring municipalities. • Managing implementation of replacement of water meters across the service area.
• Management and tracking expenditures for numerous on-call consulting and contractor contracts.
2. PIPELINES
Consultant will have demonstrated capability and experience in design of new pipelines, which may include alignment studies, profile and plan drawings, hydraulic gradient drawings, selection and sizing of pipe, linings, coatings, fittings, valves, blow off vaults, air release vaults, corrosion protection methods, startup and shut down procedures, and trenchless installation methods including sliplining. Familiarity with Caltrans Projects and their Right of Way (ROW) Manual may be beneficial.
Potential projects include:
• Design of a large diameter raw water pipeline in an area outside the City requiring coordination with Napa County.
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ATTACHMENT 1 TO EXHIBIT A
• Design of the City's annual distribution main replacement projects. • Development of a water main prioritization list based on leak data, pipe characteristics and the City's pavement program.
• Design of the slip-lining of a 24-inch pipe with a 10-inch pipe within a Caltrans right-of-way.
• Management of potholing to locate utilities for a pipeline design project.
3. PUMP STATIONS AND TANKS
Consultant will have demonstrated capability and experience in performing feasibility studies, condition assessments, and design for upgrading existing and designing new pump stations and tanks. Tasks may include pump/motor sizing and selection, pipe sizing, hydraulic surge analysis, selection and sizing of valves, instrumentation and controls, pipe supports, site studies, electrical power requirements, etc.
Potential projects include:
• Design of a new pump station to replace a below-grade pump station in a busy street.
• Condition assessment of a hydropneumatic pump station and tank, and preparation of a report with recommended upgrades.
• Design of a series of 5-6 MG tanks to replace a 37 MG concrete lined reservoir.
• Preparation of specifications and obtaining quotes to replace pumps in kind at a pump station.
• The design and implementation of SCADA upgrades and integration with existing SCADA network.
4. WATER TREATMENT PLANTS
Consultant will have demonstrated capability and experience in water treatment plant processes and facilities. Consultant may perform feasibility studies, preliminary design, detailed design, and startup services for new or upgraded water treatment facilities; perform comparative analysis of treatment methods, including operational impacts, initial cost, life cycle cost, effectiveness of meeting treatment goals; plant siting studies; plant hydraulics; Supervisory Control and Data Acquisition (SCADA) requirements; and other requirements. Consultant may assist the Water Department in interactions and negotiations with the Department of Drinking Water (DDW) regarding design review and permit revisions for new or upgraded treatment facilities.
Consultant may be required to optimize existing water treatment plant processes, review standard operating procedures, and recommend changes, evaluate process/equipment requirements ahead of water source/quality changes, be V:\OWater\On-Call Consulting.Docx
familiar with existing and proposed water quality regulations and understand the impacts to the treatment plant processes.
Potential upcoming projects include:
• Design of a new 5 MGD water treatment plant featuring ozone, plate settling actiflow or Ml EX technologies.
• Design of replacement of flocculation and sedimentation equipment. • Condition assessment and design of the rehabilitation of chemical feed systems.
• The design and implementation of SCADA upgrades and integration with existing SCADA network.
5. EARTHEN DAMS AND ASSOCIATED GEOTECHNICAL AND STRUCTURAL
ENGINEERING
Consultant will have demonstrated capability and experience studying and designing improvements for earthen dams and their associated infrastructure such as spillways, fish releases and outlets. Consultant may be required to inspect dams and all appurtenant structures, including spillways and outlet towers, and be capable of evaluating deficiencies and the degree of hazard associates with the deficiencies, and to provide demonstrated experience in designing repairs to address such deficiencies. Consultant will demonstrate experience in the permitting and construction of dams, as well as the demolition of dams and/or related structures, and the development, design, and operation of pumped storage systems. Consultant will have experience with the regulatory agencies that govern dams, particularly the DSOD.
Consultant may perform geotechnical studies, as needed, to support other elements of the CIP (e.g., seismic evaluation or pipeline alignments).
Consultant may perform site investigations to gather data, take samples and measurements, and generally collect the information necessary to perform a structural analysis and evaluation of concrete foundations, tank and reservoir walls, pipe penetrations, all types of pipe, equipment supports, including the analysis of induced vibrations; perform the seismic analysis of such structures, including dams and related structures/appurtenances. Consultant will be capable of performing structural design for upgraded dam facilities.
Potential upcoming projects include:
• Alternatives analysis and cost estimates for raising an earthen dam. • Design of a new concrete lined spillway.
• Assessment and seismic upgrade design for an earthen dam. • Development of a program for landslide monitoring.
• Geotechnical study for a new water tank.
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6. HYDROLOGY EVALUATIONS
Consultant will have demonstrated past successful experience in performing hydrologic evaluations, primarily to support the DOSD permitting and compliance.
Potential projects include:
• Preparation of inundation studies.
• Spillway modeling and sizing.
• Bathymetric studies to assess the available storage in a reservoir (lake) under different climactic conditions.
7. WATER DISTRIBUTION SYSTEM HYDRAULIC MODELING
Consultant will have successful experience in development and use of hydraulic models of water distribution systems. The City anticipates updating and converting our Geographic Information System (GIS) into a new hydraulic model. The new model will need to be calibrated and used to develop a new Water Master Plan as well as run various theoretical scenarios as part of the planning process for various projects.
Consultant will be capable of analyzing hydraulic systems such as transmission pipelines (i.e., raw water pipelines); treated water distribution systems such as pressure zones with pressure regulating valves, pump stations, tanks, and hydropneumatic zones; pump suction and discharge piping, treatment plant filter gallery piping, treatment plant hydraulics, and may prepare reports as needed to summarize and make recommendations. Consultant will have experience preparing master plans and capital improvement plans (annual budgeting) based on the hydraulic model output for water systems of a similar size.
Potential projects include:
• Fixing connectivity issues of the pipeline network in GIS and assessing SCADA data for importing into a hydraulic model.
Creation of a new hydraulic model for the City system.
Extended period Simulation (EPS) and static calibration of a hydraulic model
Performing fire flow testing.
Using the hydraulic model to prepare a Water Master Plan with recommended pipeline, pressure zone, and storage improvements.
Assessment of the sizing of new facilities (pipes, tanks, pump stations) to connect a new development to the system.
Assessment of downsizing a 37 MG reservoir to a series of 5-6 MG reservoirs.
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8. ELECTRICAL ENGINEERING
Consultant will be experienced in the design of both high and low voltage electrical power systems for water pump stations, water treatment plants; design of stationary and portable electric generator connections, integration of new equipment with existing facilities, work with PG&E on the City's behalf to prepare applications for new service, review code requirements as applicable, perform arc flash studies, develop single-line diagrams and other drawings as needed. Perform on-site startup activities, including oversight of functional and performance testing.
Potential projects include:
Arc flash studies at all the City's pump stations.
Assessment and replacement of constant speed drives with variable speed drives.
Condition assessments of electrical equipment at a water treatment plant.
Design of a permanent backup generator for a 10 MOD pump station.
Condition assessment, bidding and construction oversight of safety upgrades to a high voltage substation.
The design and implementation of remote operation and monitoring equipment and control protocols for existing valves.
Renovation of existing and design and install of new solar powered equipment.
Provide resiliency studies of existing facilities and to provide recommendations and design projects to enable continued operations during PSPS events.
9. WATER RESOURCES MANAGMENT
Consultant will have past successful experience in performing water resources management including evaluations to demonstrate available water supplies are sufficient to support proposed new developments or respond to drought conditions.
Consultant will be familiar with the North Bay Aqueduct and other state and federal water supplies and water rights, climate change impact projections, water demand projections, urban water management planning (UWMP), water exchange policy development, and water conservation.
Potential projects include:
• Preparation of a water supply assessment for a new residential development.
• Development of a water supply model to understand projected water supplies from the City's numerous water supply sources. • Develop and implement a sustainable water exchange policy during drought conditions.
• Prepare public outreach for drought policy measures.
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• Coordinate with Regional, State and Federal Regulatory Agencies. • Update to an UWMP.
10. ENVIRONMENTAL PERMITTING, CEQA AND RESTORATION
Consultant will provide demonstrated experience in all aspects of environmental requirements, including National Pollutant Discharge Elimination System (NPDES) requirements. Storm Water Pollution Prevention (SWPP) requirements, environmental permits and the Califomia Environmental Quality Act (CEQA).
Consultant may be required to determine how environmental and CEQA permitting affect projects at each stage and provide guidance and recommendations for balancing design options with any and all regulatory agencies that may have purview over them. Consultant may perform biology, habitat/vegetation and wildlife studies. Consultant may be asked to design creek, habitat or landscape restoration.
Potential projects include:
• CEQA compliance, permitting and restoration for a dam upgrade project. • CEQA compliance, permitting and landscape design for the abandonment of a 16 MG reservoir in a residential neighborhood.
• CEQA compliance and permitting for a new pipeline crossing a creek.
11. CONSTRUCTION MANAGEMENT
Consultant will be competent in the provision of construction management services including conducting meetings, coordinating with design professionals and City staff, managing documentation, managing schedules, performing daily field inspections, and managing conflict resolution. Consultant will be expected to review contractor prevailing wage statements for compliance with Department of Industrial Relations (DIR) requirements. Materials testing is to be performed by others.
Potential projects include:
• Construction management for a new water tank or pump station. • Review of prevailing wage statements for the City's annual main replacement program.
• Construction management for construction of a new dam spillway. • Construction management of raw water transmission line replacements. • Construction management of treatment plant upgrades for flocculation, filter media, ozone generation, chemical storage facilities, and solar power upgrades.
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12. TELECOMMUNICATION SERVICES
Consultant will perform analysis of antenna, microwave and communication systems and provide analysis of radiation patterns, antenna gain and efficiency for communication systems and integration of AMI metering devices for data collection and billing applications. Consultant will also provide analysis for communication tower design including monopole solutions for communication of data between facilities.
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Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 3 Exhibit B - Compensation
EXHIBIT B
COMPENSATION
1. Consultant’s Compensation.
A. Services: City agrees to pay Consultant, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed Two Million Dollars and 00 Cents as set forth below:
FISCAL YEAR NOT TO EXCEED AMOUNT
FY22 $500,000
FY23 $500,000
FY24 $500,000
FY25 $500,000
Consultant shall notify City in writing no later than thirty (30) days prior to the estimated date when Consultant will have billed City the maximum payment amount permitted under this Agreement, and Consultant shall provide City with an estimate of the additional compensation required to complete the project.
City agrees to pay Consultant for those services set forth in Exhibit A of this Agreement (identified by Statements of Work) and for all authorized reimbursable expenses upon satisfactory completion of the services and delivery of the work product.
B. Additional Services:
1. Additional Services are those services related to the scope of Services of Consultant as set forth in Exhibit A but not anticipated at the time of execution of this Agreement. Additional Services shall be provided only when a Supplemental Agreement authorizing such Additional Services is approved by the City Manager, or his or her designee. City reserves the right to perform any Additional Services with its own staff or to retain other Consultants to perform said Additional Services.
2. Consultant’s compensation for Additional Services shall be based on the total number of hours spent on Additional Services multiplied by the employees' appropriate billable hourly rate as established below. City, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises. Where a fixed fee for Additional Services is established by mutual Agreement between City and Consultant, compensation to Consultant shall not exceed the fixed fee amount.
Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 3 Exhibit B - Compensation
2. Appropriate Billable Hourly Rates for Services and Additional Services. Consultant’s billable hourly rates shall be as listed in Attachment 1 of Exhibit B, attached hereto and incorporated herein by this reference.
3. Consultant’s Reimbursable Expenses. Reimbursable Expenses shall be limited to actual reasonable expenditures of Consultant for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in writing in advance by City.
4. Payments to Consultant.
A. Payments to Consultant shall be made within a reasonable time after receipt of Consultant’s invoice, said payments to be made in proportion to services performed. Consultant may request payment on a monthly basis. Consultant shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.
B. All invoices submitted by Design Professional shall be (1) billed on a month-to-month basis (i.e., the first of the month through the end of the month), (2) submitted by email to [email protected], and (3) must contain the following information:
1. Description of services billed under the invoice
2. Date of Invoice Issuance
3. Sequential Invoice Number
4. City’s Purchase Order Number
5. Statement of Work Number
6. Social Security Number or Taxpayer Identification Number
7. Amount of the Invoice (Itemize all Reimbursable Expenses)
8. Total Billed to Date
C. Items shall be separated into Services and Reimbursable Expenses.
Billings that do not conform to the format outlined above shall be returned to Consultant for correction. City shall not be responsible for delays in payment to Consultant resulting from Consultant’s failure to comply with the invoice format described above.
D. Request for payment shall be sent to:
Matt Brown, P.E., Senior Engineer
Engineering Division
City of Vallejo Water Department
c/o [email protected]
Consultant and Professional Services Agreement (Revised 01.2019) Page 3 of 3 Exhibit B - Compensation
5. Accounting Records of Consultant. Consultant shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Consultant’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Consultant’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Consultant shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty four (24) hours’ notice.
The obligations of Consultant under this section shall survive this Agreement.
6. Taxes. Consultant shall pay, when and as due, any and all taxes incurred as a result of Consultant’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
7. Taxpayer Identification Number. Consultant shall provide City with Consultant’s complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by City.
Engineering Construction Management Inspection Plan Check SOQ TO PROVIDE ON-CALL WATER ENGINEERING CONSULTING SERVICES AUGUST 9, 2021 SECTION 3: FEE SCHEDULE PAGE 1 OF 1
SECTION 3: FEE SCHEDULE
2021-2024
City of Vallejo Water Department
On-Call Water Engineering Consulting Services
Program Management Services*
Principal-in-Charge / PM $185 per hour
Construction Management / Inspection Services*
Construction Manager $156 per hour
Public Works Inspector (Regular Time) $147 per hour (see Notes A, B, C, & D) Public Works Inspector (Nighttime) $165 per hour (see Notes A, B, C, & D) Public Works Inspector (Overtime) $198 per hour (see Notes A, B, C, & D) Public Works Inspector Apprentice $92 per hour (see Notes A, B, C, & D) *All Fees Subject to Basis of Charges Notes E thru J except where noted. Rates shown are for January 1, 2021 through December 31, 2021 and are subject to an Annual Escalation of 3% starting on January 1, 2022.
BASIS OF CHARGES
A. Rates shown assume the projects will require compliance with California Prevailing Wage rate requirements and assumes the Client will be filing a PWC-100 Form to the California Department of Industrial Relations (DIR) for the projects.
B. Rates for prevailing wage categories are subject to annual escalations in accordance with the bi-annual wage determinations from the California DIR. Rates based on California DIR’s wage determinations dated August 2020.
C. Per the new requirements being enforced under SB 854 and because it is assumed that a PWC-100 Form will be filed by the Client to the CA DIR for each project, 4LEAF is required to notify an authorized Apprenticeship Committee through submittal of a DAS-140 form. We are then required to make an official request to an authorized Apprenticeship Committee for an apprentice by submitting a DAS-142 form. We are not assured the apprenticeship committee will be able to provide a suitable / qualified apprentice for the project. Per the apprenticeship requirements, the hours worked by the apprentice must be in a ratio of 1:5 for apprentice to journeyman hours. 4LEAF will not know the labor classification of the Public Works Apprentice until an Apprentice is dispatched to the site; therefore, the rates for the five Periods listed under the California DIR’s Wage determination for Building Construction Inspector issued August 2020 were used to determine the range of Calendar Year 2020 hourly rates for Public Works Inspector Apprentice.
D. Pre-approved Overtime and Premium hours for labor categories subject to Prevailing Wage requirements will be charged per the following:
- Night time (work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime (over 8 hour M-F or Saturdays) 1.35 x hourly rate - Overtime (over 8 hours Sat or 1st 8 hour Sun) 1.85 x hourly rate - Overtime (over 8 hours Sun or Holidays) 2.35 x hourly rate E. All invoicing will be submitted monthly.
F. All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate.
G. Subconsultant Invoices will be assessed a 10% Administrative Processing Fee.
H. Project-related mileage for inspections will be billed at the allowable IRS Rate.
I. Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge.
J. Client shall pay attorneys’ fees, or other costs incurred in collecting delinquent amounts.
K. Client agrees that 4LEAF’s liability will be limited to the value of services provided. Client shall pay attorneys’ fees, ATTACHMENT 1 TO EXHIBIT B
Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 4 Exhibit C – Insurance Requirements
EXHIBIT C
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Consultant, their agents, representatives, or employees or subcontractors. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the Consultant under this agreement.
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
A. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
B. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025.
C. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
D. Professional Liability insurance appropriate to the Consultant’s profession (Errors and Omission).
2. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
A. General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
B. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 4 Exhibit C – Insurance Requirements
C. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If Consultant is not subject to California Workers’ Compensation requirements, Consultant shall file a completed Request for Waiver of Workers’ Compensation Insurance Form which may be obtained from the City prior to commencing any activity authorized hereunder.
D. Professional Liability (Errors and Omission): Insurance appropriates to the Consultant’s profession with $1,000,000 combined single limit per occurrence, and annual aggregate.
3. Deductible and Self-Insured Retention (SIR). Any deductibles or selfinsured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or selfinsured retention as respects the City of Vallejo, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. All SIRs must be disclosed to the City’s Risk Manager for approval and shall not reduce the limits of liability. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.
4. Other Insurance Provisions.
A. Additional Insured Endorsements: The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as Additional Insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased hired or borrowed by the Consultant. Additional Insured endorsements with respect to General Liability, Auto and Umbrella/Excess Insurance shall be attached to the Certificate of Insurance presented to the City.
B. 30 Days’ Notice of Cancellation Endorsements: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
C. Waiver of Subrogation Rights Endorsement: The workers’ compensation policy required hereunder shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Consultant’s performance under this Consultant and Professional Services Agreement (Revised 01.2019) Page 3 of 4 Exhibit C – Insurance Requirements
Agreement. The waiver of subrogation rights endorsement in favor of the City of Vallejo shall be attached to the Certificate of Insurance.
D. The limits of Insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Vallejo before the City’s own Insurance or self-insurance shall be called upon to protect it as a named insured.
E. The insurance coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Vallejo, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
F. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
G. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.
H. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
5. Acceptability of Insurers. The insurance is to be issued by companies licensed to do business in the State of California. The insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
6. Verification of Coverage. Consultant shall furnish the City with certificates of insurance and original endorsements. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. The City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
7. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each Consultant and Professional Services Agreement (Revised 01.2019) Page 4 of 4 Exhibit C – Insurance Requirements
subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
8. Payment Withhold. City will withhold payments to Consultant if the certificates of insurance and endorsements required in Paragraph F, above, are canceled or Consultant otherwise ceases to be insured as required herein.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
1/19/2022
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
The Certificate Team [email protected] License#: 6003745 Admiral Insurance Company 24856 BALAHYD-01 Travelers Property Casualty Company of America 25674 Balance Hydrologics, Inc.
800 Bancroft Way, Suite 101
Berkeley CA 94710-2251
Hartford Accident and Indemnity Company 22357 1946290771 B X 1,000,000 X 1,000,000 X Contractual Liab 10,000 Included 1,000,000 2,000,000 X X Y Y 6806H288826 10/26/2021 10/26/2022
2,000,000
C
1,000,000 X
X X
Y Y 57UEGPV2266 10/26/2021 10/26/2022
B X X 2,000,000 Y Y CUP7384Y02A 10/26/2021 10/26/2022
2,000,000 X
0 B Y UB7S083569 10/26/2021 10/26/2022
X
1,000,000 1,000,000 1,000,000
A Professional Liability
& Contractors Pollution Liability
FEIECC2052607 10/26/2021 10/26/2022 Per Claim
Aggregate Limit
$5,000,000
$5,000,000
Umbrella policy is a follow-form to underlying Policies: General Liability/Auto Liability/Employers Liability.
RE: All Operations of the Named Insured
City of Vallejo Water Department, its officers, officials, employees, agents and volunteer are named as an additional insured as respects general liability and auto liability as required per written contract or agreement. General Liability and Auto Liability are Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s). 30 Day Notice of Cancellation
City of Vallejo Water Department
202 Fleming Hill Drive
Vallejo CA 94589
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COMMERCIAL GENERAL LIABILITY
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Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "productscompleted operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs.
Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies.
CG T8 02 XX XX
DATE OF ISSUE:
6806H288826 10/26/2021
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COMMERCIAL GENERAL LIABILITY
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Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies.
CG T8 01 XX XX
DATE OF ISSUE:
6806H288826 10/26/2021
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A)
POLICY NUMBER:
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.
The additional premium for this endorsement shall be % of the California workers' compensation premium.
Schedule
Person or Organization Job Description
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Insurance Company Countersigned by
DATE OF ISSUE: Page 1 of 1
Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver.
UB7S083569 Travelers Property Casualty Company of America 1/19/2022
COMMERCIAL GENERAL LIABILITY
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method also.
Under this approach each insurer contributes
equal amounts until it has paid its applicable
limit of insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this methoo, each insurer's
share is based on the ratio of its applicable limit
of insurance to the total applicable limits of
insurance of all insurers.
d. Primary And Non-Contributory Insurance If
Required By Written Contract
If you specifically agree in a written contract or
agreement that the insurance afforded to an
insured under this Coverage Part must apply on
a primary basis, or a primary and noncontributory basis. this insurance is primary to other insurance that is available to such insured
which covers such insured as a named insured,
and we will not share with that other insurance,
provided that:
(1) The "bodily injury'' or "property damage" for
which coverage is sought occurs; and
(2) The "personal and advertising injury" for
which coverage is sought is caused by an
offense that is committed;
subsequent to the signing of that contract or
agreement by you.
5. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only. At
the close of each audit perioo we will compute
the earned premium for that period and send
notice to the first Named Insured. The due date
for audit and retrospective premiums is the date
shown as the due date on the bill. If the sum of
the advance and audit premiums paid for the
policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such times
as we may request.
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are
accurate and complete;
b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.
The unintentional omission of, or unintentional error
in, any information provided by you which we relied
upon in issuing this policy will not prejudice your
rights under this insurance. However, this provision
does not affect our right to collect additional
premium or to exercise our rights of cancellation or
nonrenewal in accordance with applicable insurance
laws or regulations.
7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom claim
is made or "suit" is brought.
8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of any payment we have made under this Coverage Part,
those rights are transferred to us. The insured must
do nothing after loss to impair them. At our request,
the insured will bring "suit" or transfer those rights
to us and help us enforce them.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we will
mail or deliver to the first Named Insured shown in
the Declarations written notice of the nonrenewal
not less than 30 days before the expiration date.
If notice is mailed, proof of mailing will be sufficient proof of notice.
SECTION V - DEFINITIONS
1. "Advertisement" means a notice that is broadcast or
published to the general public or specific market
segments about your goods, products or services
for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding websites, only that part of a website
that is about your goods, prooucts or services
for the purposes of attracting customers or
supporters is considered an advertisement.