Agenda packet — Vallejo City Council, April 12, 2022 (part 1 of 4)

Hybrid Options are available for members of the public to participate. To participate remotely:
https://ZoomRegular.CityofVallejo.net
Option to join by phone:

Dial (669) 900-6833
Enter Meeting ID: 914 0075 0676#
Press *9 to digitally raise your hand from the phone
For additional instructions on how to speak during public comment, please visit, www.cityofvallejo.net/publiccomment

VALLEJO CITY COUNCIL
REGULAR MEETING – 7:00 PM

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California
APRIL 12, 2022
NOTICE: Members of the Public will be able to participate in-person or remotely via Zoom.

City Hall and the Council Chambers will be open to members of the public 30 minutes prior to the start of the meeting.

PUBLIC COMMENT: Members of the Public may provide public comments during the City Council Meeting in person or via ZOOM
(https://ZoomRegular.Cityofvallejo.net), or via phone, by dialing (669) 900-6833.

For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment

VIEW THE MEETING:

There are four different ways you can view this public meeting:
 In Person
 Watch Vallejo local channel 28
 Stream from the City website: www.cityofvallejo.net/Streaming  Join the Zoom webinar:https://ZoomRegular.Cityofvallejo.net

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

4. REPORT OUT OF CLOSED SESSION

5. PRESENTATIONS AND COMMENDATIONS
A. CALTRANS SR 37 UPDATE

6. FIRST COMMUNITY FORUM
The Community Forum is an opportunity to address the Council on any matter for which another opportunity to speak is not provided on the agenda, and which is within the jurisdiction of the Council to resolve. Any interested members of the public desiring to communicate with the City Council as part of the First Community Forum may do so in person by submitting a completed speaker’s card to the City Clerk or via ZOOM:(https://ZoomRegular.Cityofvallejo.net), Option to join by phone: Dial (669) 900-6833. Enter Meeting ID: 914 0075 0676#. Press * 9 to digitally raise your hand from the phone. For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment. In person speakers will be recognized first. When called upon, each speaker should step to the podium, state his/her name for the record. The conduct of the community forum shall be limited to a maximum of fifteen (15) minutes, with each speaker limited to a maximum of three minutes pursuant to Vallejo Municipal Code Section 2.02.300.

7. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS
Members of the public wishing to address the Council on Consent Calendar items may do so in person by submitting a completed speaker’s card to the City Clerk or via ZOOM:(https://ZoomRegular.Cityofvallejo.net), Option to join by phone: Dial (669) 900-6833. Enter Meeting ID: 914 0075 0676#. Press * 9 to digitally raise your hand from the phone. For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment. In person speakers will be recognized first. Each speaker is limited to three minutes pursuant to Vallejo Municipal Code Section 2.02.310. Requests for removal of Consent Items received from the public are subject to approval by a majority vote of the Council. Items removed from the Consent Calendar will be heard immediately after approval of the Consent Calendar and Agenda.

8. CONSENT CALENDAR AND APPROVAL OF AGENDA
A. APPROVAL OF MINUTES
Recommendation: Approve minutes of the special and regular meetings of March 22, 2022
Contact: Dawn G. Abrahamson, City Clerk (707) 648-4528
[email protected]
B. WAIVE READING AND AUTHORIZE INTRODUCTIONS AND/OR ADOPTION

OF ORDINANCES BY TITLE ONLY
Recommendation: Waive reading and authorize introductions and/or adoption of any and all ordinances on this Agenda, if any, by title only. This is a standard procedural action so the City Coucil does not have to read an ordinance in its entirety.

Contact: Dawn G. Abrahamson, City Clerk (707) 648-4528
[email protected]
C. RECEIVE THE CITY MANAGER'S REQUEST AND PROVIDE NOTICE TO AMEND FISCAL YEAR 2021/2022 BUDGET TO REFLECT ACCEPTANCE

OF THE BYRNE CRIMINAL JUSTICE INNOVATION PROGRAM GRANT IN THE AMOUNT OF $999,688
Recommendation: Receive and file the City Manager's request and provide a notice to amend the Fiscal Year 2021-22 General Fund to reflect revenues in the amount of $999,688 from the Byrne Criminal Justice Innovation Grant Award and appropriate expenditures in the amount of $999,688.

Contact: Shawny K. Williams, Chief of Police (707) 648-4540 [email protected]
D. ADOPT A RESOLUTION APPROVING THE SEVENTH AMENDMENT TO

THE EXCLUSIVE NEGOTIATING AGREEMENT FOR THE BLUE ROCK

SPRINGS GOLF COURSE PROJECT AND AUTHORIZE THE CITY

MANAGER TO EXECUTE SAME
Recommendation: Adopt the Resolution approving the Seventh Amendment to the Exclusive Negotiating Agreement with Blue Rock Springs, LLC and authorizing the City Manager to execute same.

Contact: Paul Kelley, Special Advisor to City Manager, Economic Development Manager (707) 648-4109
[email protected]
Gillian Hayes, Interim Deputy City Manager, (707) 648-4163 [email protected]
E. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE A SITE HOST AGREEMENT WITH ELECTRIC VEHICLE

CHARGING SOLUTIONS FOR THE INSTALLATION OF ELECTRIC

VEHICLE CHARGERS AND AN ELECTRIC FAST CHARGE PROGRAM

CONTRACT WITH PACIFIC GAS AND ELECTRIC
Recommendation: Adopt a resolution authorizing the City Manager to execute agreements with Electric Vehicle Charging Solutions (EVCS) and Pacific Gas and Electric (PG&E) to deliver electric vehicle chargers for public use.

Contact: Melissa L. Tigbao, Acting Public Works Director (707) 648-4085 [email protected]
Mark Helmbrecht, Transportation Program Superintendent (707) 645-2601 [email protected]
F. ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

VALLEJO APPROVING A MEMORANDUM OF UNDERSTANDING

BETWEEN COMMUNITY ACTION PARTNERSHIP OF SOLANO, JOINT

POWERS AUTHORITY AND SOLANO COUNTY, BENICIA, FAIRFIELD, RIO

VISTA, SUISUN CITY, VALLEJO, AND VACAVILLE TO SUPPORT THE

COORDINATED ENTRY SYSTEM ADDRESSING HOMELESSNESS FROM
JUNE 1, 2022 THROUGH MAY 31, 2025
Recommendation: Adopt the resolution for the City of Vallejo approving the Memorandum of Understanding between Community Action Partnership of Solano, Joint Powers Authority and Solano County, Benicia, Fairfield, Rio Vista, Suisun City, Vallejo, and Vacaville to support the coordinated entry system addressing homelessness from June 1, 2022 through May 31, 2025.

Contact: Natalie Peterson, Administrative Analyst II, (707) 649-3415 [email protected]
G. RATIFY THE TENTATIVE AGREEMENT AND SUCCESSOR MEMORANDUM

OF UNDERSTANDING BETWEEN THE CITY OF VALLEJO AND THE
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1186 (IAFF) Recommendation: Adopt a resolution ratifying the Tentative Agreement and Successor MOU between the City of Vallejo and the International Association of Fire Fighters, Local 1186 (IAFF).

Contact: Terrance Davis, Interim Human Resources Director (707) 648-4301 [email protected]
H. REPEAL RESOLUTION 22-011 AND ADOPT RESOLUTION CONSENTING

TO AND APPROVING VARIOUS APPOINTMENTS TO COMMISSIONS,
BOARDS AND COMMITTEES FOR THE YEAR 2022
Recommendation: Repeal Resolution No. 22-011 and adopt a new Resolution consenting to and approving various appointments to Commissions, Boards and Committees for 2022 adding the Surveillance Advisory Board and appointing Councilmember Arriola as the Council Liaison to this Board as recommended by the Mayor
Contact: Dawn G. Abrahamson, City Clerk (707) 648-4528
[email protected]
I. ISSUE A PROCLAMATION RECOGNIZING FAIR HOUSING MONTH, APRIL 2022
Recommendation: At the request of Fair Housing Advocates of Northern California, issue a proclamation proclaiming April 2022 as 'Fair Housing Month" Contact: Mayor McConnell
[email protected]
J. ISSUE A PROCLAMATION RECOGNIZING EDUCATION AND SHARING DAY- APRIL 12, 2022
Recommendation: At the request of Mayor McConnell, issue a proclamation recognizing Education and Sharing Day - April 12, 2022
Contact: Mayor McConnell
[email protected]
K. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH INTERWEST CONSULTING GROUP, INC. FOR SPECIALIZED PLANNING SERVICES IN AN AMOUNT NOT TO EXCEED $192,400.

Recommendation: Adopt Resolution Authorizing the City Manager to enter into an agreement with InterWest Consultant Group, Inc. to provide planning services for a total not-to-exceed contract amount of $192,400.

Contact: Christina Ratcliffe, Interim Planning and Development Services Director (707) 648-4326
[email protected]
L. ADOPT RESOLUTION AUTHORIZING CITY STAFF TO DISPLAY

COMMEMORATIVE UKRAINIAN FLAG IN SUPPORT OF THE UKRAINIAN PEOPLE
Recommendation: Consider and adopt a resolution authorizing City Staff to display the Ukrainian Flag for the next six (6) months when other commemorative flags are not being flown. Council to consider an extension in August 2022, depending on the state of affairs in the Ukraine.

Contact: Christina L. Lee, Communications & Public Information Officer [email protected]

9. ACTION CALENDAR
NOTICE: Members of the public wishing to address the Council on Action Calendar Items may do so in person by submitting a completed speakers card to the City Clerk or via ZOOM (https://ZoomRegular.Cityofvallejo.net), or via phone, by dialing (669) 900-6833. Enter Meeting ID: 914 0075 0676#. Press *9 to digitally raise your hand from the phone. For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment. Each speaker is limited to five minutes pursuant to Vallejo Municipal Code Section 2.02.420. In person speakers will be recognized first.

A. (1) CONSIDER OPTIONS FOR ALTERNATE LOCATION OF POLICE HEADQUARTERS BUILDING, (2) CONSIDER AND POSSIBLY ESTABLISH

AND MAKE APPOINTMENTS TO A CITY COUNCIL AD HOC

SUBCOMMITTEE OR PROVIDE DIRECTION ON THE ESTABLISHMENT OF A STANDING COMMITTEE RELATING TO SAME, OR (3) POSSIBLY

ADOPT A RESOLUTION AUTHORIZING THE SUBMISSION OF A

FINANCING APPLICATION TO THE CALIFORNIA INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK (“IBANK”) IN AN AMOUNT NOT TO EXCEED $30,000,000 FOR THE DESIGN AND CONSTRUCTION OF A POLICE HEADQUARTERS FACILITY AT 400 MARE ISLAND WAY
Recommendation: Adopt a Resolution authorizing the City Manager to submit a financing application to the California Infrastructure and Economic Development Bank (IBank) for an amount not to exceed $30,000,000 to complete the design and construction of 400 Mare Island Way for a headquarters for the Vallejo Police Department.

Contact: Terrance Davis, Interim Assistant City Manager (707) 648-4301 [email protected]
B. RECEIVE ALL HOME REGIONAL ACTION PLAN ON HOMELESSNESS

PRESENTATION AND POSSIBLY ADOPT A RESOLUTION GENERALLY

ENDORSING THE CONCEPTS
Recommendation:

1. Receive a presentation by All Home CA, a collective impact partnership, on the Regional Action Plan on homelessness.

2. Consider and possibly adopt a resolution generally endorsing the concepts of Regional Action Plan as a framework for reducing and preventing homelessness in the City of Vallejo.

Contact: Natalie Peterson, Administrative Analyst II (707)-649-3415 [email protected]
C. ADOPT A RESOLUTION ACCEPTING A WATER AND ENERGY

EFFICIENCY GRANT FROM THE UNITED STATES BUREAU OF

RECLAMATION FOR REPLACEMENT OF AGING WATER METERS AND

AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT

AGREEMENT WITH THE BUREAU OF RECLAMATION AND NOTICING
INTENT TO AMEND FISCAL YEAR 21-22 CAPITAL IMPROVEMENT
BUDGET PROJECT WT7098 IN THE AMOUNT OF $2,000,000
Recommendation:

1. Adopt a resolution accepting the federal Fiscal Year 2021 Bureau of Reclamation WaterSMART Energy and Efficiency Grant (BOR-DO-21- F001), and authorizing the City Manager to enter into an agreement with the Bureau of Reclamation.

2. As the first in a two-step process, accept notice of intent to amend the Fiscal Year 21-22 budget to recognize revenue in the amount of $2,000,000.

Contact: Beth Schoenberger, Acting Water Director (707) 648-5439 [email protected]

10. INFORMATION CALENDAR

11. CITY MANAGER’S REPORT

12. CITY ATTORNEY’S REPORT

13. COMMUNITY FORUM
Any interested members of the public desiring to communicate with the City Council as part of the last Community Forum may do so in person by submitting a completed speakers cards to the City Clerk or via ZOOM:(https://ZoomRegular.Cityofvallejo.net), Option to join by phone: Dial (669) 900-6833. Enter Meeting ID: 914 0075 0676#. Press * 9 to digitally raise your hand from the phone. For additional instructions on how to speak remotely during public comment, please visit, www.cityofvallejo.net/publiccomment. In person speakers will be recognized first.

14. REPORT OF THE PRESIDING OFFICER AND MEMBERS OF THE CITY COUNCIL

15. ADJOURNMENT
___________________________________________________________________________________________

ADDITIONAL CITY INFORMATION
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Dated: Wednesday, April 6, 2022 Robert H. McConnell, Mayor I, Dawn Abrahamson, City Clerk do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Vallejo City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 555 Santa Clara Street, CA at 10:00 a.m., Wednesday, April 6, 2022.

Dated: Wednesday, April 6, 2022 Dawn G. Abrahamson, City Clerk Special City Council Meeting Minutes
March 22, 2022
Page | 1

VALLEJO CITY COUNCIL

SPECIAL MEETING MINUTES
MARCH 22, 2022

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

1. CALL TO ORDER
The meeting was called to order at 5:15 p.m.

2. ROLL CALL

Present: Mayor McConnell, Vice Mayor Verder-Aliga, Councilmembers Arriola, Brown (arrived during Closed Session), Dew, Loera-Diaz, and Miessner (arrived at 5:17 p.m.)

Absent: None
Staff present: Interim City Manager Malone, City Attorney Nebb, City Clerk Abrahamson, Interim Assistant City Managers Davis and Hayes, Fire Chief Long, and HR Consultant Valdez.

The Council convened into Closed Session in the Council Conference Room at 5:20 p.m.

3. CLOSED SESSION
A. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957(b)(1): City Manager B. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6. Negotiators: Mike Malone, Interim City Manager; Terrance Davis, Interim Assistant City Manager; and Burke Dunphy (Sloan, Sakai, Yeung & Wong, LLP); Employee Organization:

International Association of Firefighters, IAFF 1186
C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Two Cases

4. ADJOURNMENT
The meeting adjourned at 6:43 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
Special City Council Meeting Minutes
March 22, 2022
Page | 2
ATTEST:
________________________________
DAWN G. ABRAHAMSON

CITY CLERK
Special City Council Meeting Minutes
March 22, 2022
Page | 3
Regular City Council Meeting Minutes
March 22, 2022
Page | 1

VALLEJO CITY COUNCIL

REGULAR MEETING MINUTES
MARCH 22, 2022

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

1. CALL TO ORDER
The meeting was called to order at 7:00 p.m.

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

Present: Mayor McConnell, Vice Mayor Verder-Aliga, Councilmembers Arriola, Brown, Dew, Loera-Diaz, and Miessner

Absent: None
Staff present: Interim City Manager Malone, City Attorney Nebb and City Clerk Abrahamson

4. REPORT OUT OF CLOSED SESSION
City Attorney Nebb reported Council provided direction on Closed Session Item 3A and provided direction to its labor negotiators with respect to Closed Session Item 3B. City Attorney Nebb reported there was no action to report for Closed Session Item 3C.

5. PRESENTATIONS AND COMMENDATIONS
Action: Supervisor Hannigan and Lorraine Fernandez (First 5 General Manager) provided a presentation on Vallejo’s First 5 Center 2021 Outcomes.

A. FIRST 5 SOLANO PRESENTATION

6. FIRST COMMUNITY FORUM
Speakers: Ruscal Cayangyang, Kim DeOcampo, Gretchen Zimmermann, Andrea Source, Ricky Gjersten, Jr. (Solano County Library), and David Haldane.

7. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS
Speakers: Melissa Swift, Anne Carr, Robert Schussel, Andrea Sorce, Ken Szutu, and David Haldane (Items Q-GG), David Haldane (Items I & L) and Ken Szutu (Items R & T).

Consent Items Q-GG: Interim City Manager Malone and Acting Water Director Schoenberger addressed concerns raised by members of the public and discussed the consultant’s backgrounds and reasons for securing their services, including highlighting current conditions and the value of contracts. City Attorney Nebb provided comments for purposes of clarification.

Regular City Council Meeting Minutes
March 22, 2022
Page | 2
Mayor McConnell recognized David Haldane to address the Council. Councilmember Miessner requested a Point of Order.

Action: It was moved by Mayor McConnell, and failed to reopen public comment on Consent Items Q-GG (Ayes: Mayor McConnell and Councilmembers Arriola and LoeraDiaz; Noes: Brown, Dew, Miessner, and Verder-Aliga).

Action: It was moved by Mayor McConnell and carried unanimously to approve Consent Items Q-GG with the following conditions: (1) on an annual basis, the Water Director shall file and provide to the City Council a report of what monies have been expended on what projects, what remains to be done and if the services continue to be within projected budget limits and (2) the Vallejo City Auditor will review the reports on an annual basis until the projects have been completed and provided a report to the Council as to whether or not the findings are consistent with the reports of the Water Director and are within budget, plus any changes or recommendations that the Auditor may wish to make.

Action on the items with adopted resolutions are reflected individually in the minutes as reflected under Item 8 – Consent Calendar and Approval of Agenda below.

8. CONSENT CALENDAR AND APPROVAL OF AGENDA
Action: Moved by Vice Mayor Verder-Aliga and carried unanimously, unless otherwise noted, approval of the Consent Calendar with Vice Mayor Verder-Aliga and Councilmember Dew recusing themselves from Item 8G related to owning property within the Northeast Quadrant LMD and modifying the letter of request to Senator Dodd for Item O to reflect a special tax only.

A. APPPROVAL OF MINUTES
Recommendation: Approve minutes of the special meetings of February 28 and March 1, 2022 and the special and regular meetings of March 8, 2022 Contact: Dawn G. Abrahamson, City Clerk (707) 648-4528
[email protected]
Action: Approved minutes.

B. WAIVE READING AND AUTHORIZE INTRODUCTIONS AND/OR ADOPTION

OF ORDINANCES BY TITLE ONLY
Recommendation: Waive reading and authorize introductions and/or adoption of any and all ordinances on this Agenda, if any, by title only. This is a standard procedural action so the City Council does not have to read an ordinance in its entirety.

Contact: Dawn G. Abrahamson, City Clerk (707) 648-4527
[email protected]
Action: Waived reading and authorized introductions and/or adoption of any and all ordinances on this Agenda, if any, by title only. This is a standard procedural action so the City Council does not have to read an ordinance in its entirety.

C. ADOPT A REVISED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Regular City Council Meeting Minutes
March 22, 2022
Page | 3
VALLEJO AMENDING SECTION 2.01.030 TO THE VALLEJO MUNICIPAL

CODE AND AMENDING THE BOUNDARIES OF THE SIX EXISTING CITY

COUNCIL DISTRICTS WITH DRAFT MAP B AS THE FINAL DISTRICT MAP Recommendation: Adopt a revised ordinance amending Section 2.01.030 to the Vallejo Municipal Code and amending the boundaries of the six existing City Council Districts with Draft Map B as the final district map Contact: Dawn G. Abrahamson, City Clerk (707) 648-4528
[email protected]
Action: Adopted Ordinance No. 1862 N.C. (2d)
D. PAYMENT OF CLAIMS: JANUARY 2022
Recommendation: Ratify the payment of claims for the period of January 1, 2022 through January 31, 2022.

Contact: Rekha Nayar, Finance Director (707) 648-4592
[email protected]
Action: Ratified payment of claims for period of January 1-31, 2022.

E. COUNCIL ACCEPTANCE AND SUBMITTAL TO THE STATE OF THE CITY OF VALLEJO 2021 ANNUAL PROGRESS REPORT ON THE GENERAL
PLAN
Recommendation: Staff requests that the City Council adopt a resolution accepting the City of Vallejo 2021 Annual Progress Report on the General Plan (APR) and directing staff to submit the APR to the California Department of Housing and Community Development (HCD) and the California Office of Planning and Research (OPR).

Contact: Margaret Kavanaugh-Lynch, Planning Manager, (707) 648-8604 [email protected]
Cesar Orozco, Senior Planner, (707) 648-5436
[email protected]
Action: Adopted Resolution No. 22-034 N.C.

F. 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 IIV 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.

Contact: Melissa Tigbao, Acting Public Works Director (707) 648-4301 [email protected]
Action: Adopted Resolution No. 22-035 N.C.

G. ADOPT A RESOLUTION AUTHORIZING THE PREPARATION OF THE ENGINEER'S REPORT FOR FISCAL YEAR 2022-2023 FOR THE
Regular City Council Meeting Minutes
March 22, 2022
Page | 4

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.

Contact: Melissa Tigbao, Acting Public Works Director (707) 648-4301 [email protected]
Jason Lacey, Landscape Maintenance Manager (707) 553-7219 [email protected]
Action: Adopted Resolution No. 22-036 N.C. (Abstain Due to Conflict of Interest – Dew and Verder-Aliga)
H. 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.

I. 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.

Contact: Vincent Sproete, Fire Prevention Manager
[email protected]
Action: Adopted Resolution No. 22-038 N.C.

J. 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.

Contact: Beth Schoenberger, Acting Water Director (707) 648-5439 [email protected]
Dakari Barksdale, Associate Civil Engineer (707) 567-7245 [email protected]
Action: Authorized 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.

Regular City Council Meeting Minutes
March 22, 2022
Page | 5
K. 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.

Contact: Melissa L. Tigbao, Acting Public Works Director (707) 648-4085 [email protected]
Action: Adopted Resolution No. 22-039 N.C.

L. 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.

Contact: Shawny Williams, Chief of Police
[email protected]
Action: Authorized 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.

M. 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.

N. 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 Regular City Council Meeting Minutes
March 22, 2022
Page | 6
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.

Contact:

Melissa Tigbao, Public Works Director (A) (707) 648-4301 [email protected]
Derek Crutchfield, Interim Environmental Services Manager (707) 648-5346 [email protected]
Action: Adopted Resolution No. 22-041 N.C.

O. 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.

Contact: Terrance Davis, Interim Assistant Manager, (707)648-4301 [email protected]
Action: Authorized sending a letter of request to Senator Dodd as modified that legislation be considered to increase Vallejo's local taxing authority (special tax only) to exceed the current local sales and use threshold to support local road improvements.

P. ISSUE A PROCLAMATION RECOGNIZING DOCTORS' DAY MARCH 2022 Recommendation: At the request of Sutter Solano, issue a proclamation recognizing Doctors' Month March 2022
Contact: Mayor McConnell
[email protected]
Action: Issued a proclamation recognizing Doctors’ Month March 2022.

Q. 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.

Contact: Beth Schoenberger, Acting Water Director (707) 648-5439 [email protected]
Kent Carothers, P.E. Water Engineering Manager (707) 648-4309 [email protected]
Action: Adopted Resolution No. 22-042 N.C.

Regular City Council Meeting Minutes
March 22, 2022
Page | 7
R. ADOPT RESOLUTION APPROVING AN ON-CALL CONSULTANT AND

PROFESSIONAL SERVICES AGREEMENT WITH BALANCE
HYDROLOGICS, 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 Balance Hydologics, 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.

S. ADOPT RESOLUTION APPROVING AN ON-CALL CONSULTANT AND

PROFESSIONAL SERVICES AGREEMENT AND A DESIGN PROFESSIONAL

SERVICES AGREEMENT WITH BKF ENGINEERS FOR WATER

ENGINEERING SERVICES AND DESIGN SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME IN A TOTAL AMOUNT NOT-TOEXCEED $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 and a Design Professional Services Agreement with BKF Engineers for water engineering services and design services and authorizing the City Manager to execute same in a total amount not-to-exceed $2 million for each contract 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.

T. ADOPT RESOLUTION APPROVING AN ON-CALL CONSULTANT AND

PROFESSIONAL SERVICES AGREEMENT AND A DESIGN PROFESSIONAL SERVICES AGREEMENT WITH CAROLLO ENGINEERS, INC. FOR WATER

REPLACING OUTDATED CITY WATER INFRASTRUCTURE
Recommendation: Adopt resolution approving an on-call Consultant and Professional Services Agreement and a Design Professional Services Agreement with Carollo Engineers, Inc. for water engineering services and design services and authorizing the City Manager to execute same in a total amount not-to-exceed $2 million for each contract 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.

U. ADOPT RESOLUTION APPROVING AN ON-CALL CONSULTANT AND

PROFESSIONAL SERVICES AGREEMENT AND A DESIGN PROFESSIONAL SERVICES AGREEMENT WITH GEI CONSULTANTS, INC. FOR WATER

ENGINEERING SERVICES AND DESIGN SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME IN A TOTAL AMOUNT NOT-TOEXCEED $2 MILLION FOR EACH CONTRACT 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 and a Design Professional Services Agreement with GEI Consultants, Inc. for water engineering services and design services and authorizing the City Manager to execute same in a total amount not-to-exceed $2 million for each contract 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.

V. ADOPT RESOLUTION APPROVING AN ON-CALL CONSULTANT AND

PROFESSIONAL SERVICES AGREEMENT AND A DESIGN PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC. FOR WATER

UPGRADING AND REPLACING OUTDATED CITY WATER

INFRASTRUCTURE
Recommendation: Adopt resolution approving an on-call Consultant and Professional Services Agreement and a Design Professional Services Agreement with HDR Engineering, Inc. for water engineering services and Regular City Council Meeting Minutes
March 22, 2022
Page | 9
design services and authorizing the City Manager to execute same in a total amount not-to-exceed $2 million for each contract 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.

W. ADOPT RESOLUTION APPROVING AN ON-CALL CONSULTANT AND

PROFESSIONAL SERVICES AGREEMENT AND A DESIGN PROFESSIONAL SERVICES AGREEMENT WITH HYDROSCIENCE ENGINEERS, INC. FOR

WATER ENGINEERING SERVICES AND DESIGN 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 and a design professional services agreement with hydroscience engineers, inc. For water engineering services and design 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.

X. ADOPT RESOLUTION APPROVING AN ON-CALL CONSULTANT AND

PROFESSIONAL SERVICES AGREEMENT AND A DESIGN PROFESSIONAL SERVICES AGREEMENT WITH LEE AND RO, INC. FOR WATER

UPGRADING AND REPLACING OUTDATED CITY WATER

INFRASTRUCTURE
Recommendation: Adopt resolution approving an on-call Consultant and Professional Services Agreement and a Design Professional Services Agreement with Lee and Ro, Inc. for water engineering services and design services and authorizing the City Manager to execute same in a total amount not-to-exceed $2 million for each contract 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.

Regular City Council Meeting Minutes
March 22, 2022
Page | 10
Contact: Beth Schoenberger, Acting Water Director (707) 648-5439 [email protected]
Kent Carothers, P.E. Water Engineering Manager (707) 648-4309 [email protected]
Action: Adopted Resolution No. 22-049 N.C.

Y. ADOPT RESOLUTION APPROVING AN ON-CALL CONSULTANT AND

PROFESSIONAL SERVICES AGREEMENT WITH NICHOLS CONSULTING ENGINEERS, CHTD. 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 Nichols Consulting Engineering, CHTD. 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.

Z. ADOPT RESOLUTION APPROVING AN ON-CALL CONSULTANT AND

PROFESSIONAL SERVICES AGREEMENT WITH PARK ENGINEERING,
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 Park Engineering, 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.

AA. ADOPT RESOLUTION APPROVING AN ON-CALL CONSULTANT AND

PROFESSIONAL SERVICES AGREEMENT AND A DESIGN PROFESSIONAL Regular City Council Meeting Minutes
March 22, 2022
Page | 11

SERVICES AGREEMENT WITH SCHAAF & WHEELER CONSULTING CIVIL

ENGINEERS FOR WATER ENGINEERING SERVICES AND DESIGN

SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME IN A TOTAL AMOUNT NOT-TO-EXCEED $2 MILLION FOR EACH
CONTRACT 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 and a Design Professional Services Agreement with Schaaf & Wheeler Consulting Civil Engineers for water engineering services and design services and authorizing the City Manager to execute same in a total amount not-to-exceed $2 million for each contract 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.

BB. ADOPT RESOLUTION APPROVING AN ON-CALL CONSULTANT AND

PROFESSIONAL SERVICES AGREEMENT WITH SEQUOIA ECOLOGICAL CONSULTING, 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 Sequoia Ecological Consulting, 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.

CC. ADOPT RESOLUTION APPROVING AN ON-CALL CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH ZANJERO, INC. FOR

WATER ENGINEERING CONSULTING SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME IN A TOTAL AMOUNT NOT-TOEXCEED $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 Regular City Council Meeting Minutes
March 22, 2022
Page | 12
professional services agreement with Zanjero, 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.

DD. ADOPT RESOLUTION APPROVING AN ON-CALL CONSULTANT AND

PROFESSIONAL SERVICES AGREEMENT WITH CONSOLIDATED CM FOR

WATER ENGINEERING CONSULTING SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME IN A TOTAL AMOUNT NOT-TOEXCEED $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 Consolidated CM 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.

EE. ADOPT RESOLUTION APPROVING AN ON-CALL CONSULTANT AND

PROFESSIONAL SERVICES AGREEMENT WITH INTERWEST
CONSULTING GROUP, 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 and a Design Professional Services Agreement with Interwest Consult Group, Inc. for water engineering services and design services and authorizing the City Manager to execute same in a total amount not-to-exceed $2 million for each contract 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.

Contact: Beth Schoenberger, Acting Water Director (707) 648-5439 [email protected]
Kent Carothers, P.E. Water Engineering Manager (707) 648-4309 Regular City Council Meeting Minutes
March 22, 2022
Page | 13
[email protected]
Action: Adopted Resolution No. 22-056 N.C.

FF. ADOPT RESOLUTION APPROVING AN ON-CALL CONSULTANT AND

PROFESSIONAL SERVICES AGREEMENT AND A DESIGN PROFESSIONAL SERVICES AGREEMENT WITH WEST YOST ASSOCIATES, INC. FOR

WATER ENGINEERING SERVICES AND DESIGN SERVICES AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME IN A TOTAL AMOUNT NOT-TO-EXCEED $2 MILLION FOR EACH CONTRACT 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 and a Design Professional Services Agreement with West Yost Associates, Inc. for water engineering services and design services and authorizing the City Manager to execute same in a total amount not-to-exceed $2 million for each contract 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.

GG. ADOPT RESOLUTION APPROVING AN ON-CALL CONSULTANT AND

PROFESSIONAL SERVICES AGREEMENT AND A DESIGN PROFESSIONAL SERVICES AGREEMENT WITH GHD, INC. FOR WATER ENGINEERING

SERVICES AND DESIGN 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 and a Design Professional Services Agreement with GHD, Inc. for water engineering services and design services and authorizing the City Manager to execute same in a total amount not-toexceed $2 million for each contract 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.

Action: Following approval of the Consent Calendar, it was moved by Vice Mayor Verder-Aliga and carried unanimously to adopt the Agenda reordering the Regular City Council Meeting Minutes
March 22, 2022
Page | 14
Action Calendar making Item 9C as the first item under the Action Calendar with all other items to follow in the order as they appeared on the agenda.

The minutes reflect items in the order as they appeared on the Agenda.

9. ACTION CALENDAR
Items on the Action Calendar were taken out of order with Action Item 9C being the first item. The minutes reflect the order of items as they appear on the Agenda.

A. ADOPT A RESOLUTION ADOPTING THE SOLANO COUNTY MULTIJURISDICTIONAL HAZARD MITITGATION PLAN Recommendation: Adopt a resolution adopting the Solano County MultiJurisdictional Hazard Mitigation Plan.

Contact: Melissa Tigbao, Acting Public Works Director (707) 648-4301 [email protected]
Derek Crutchfield, Acting Environmental Services Manager (707) 648-5346 [email protected]
Acting Environmental Services Manager Crutchfield and Ethan Mobley (Dynamic Planning) provided an overview of the Plan and outlined the recommendation.

Staff responded to questions from Councilmembers.

Speakers: Robert Brekke.

Another question and answer period followed. Councilmembers provided comment.

Action: Moved by Vice Mayor Verder-Aliga and carried unanimously to adopt Resolution No. 22-059 N.C.

B. CONSIDERATION AND POSSIBLE ADOPTION OF RESOLUTIONS: (1) DECLARING THE NORTH MARE ISLAND PROPERTY- APNs 0066-020-130 AND 0066-020-140, AND PORTIONS OF 0066-020-110 AND 0066-020-150 (PROPERTY) AS SURPLUS PROPERTY EXEMPT FROM THE PROVISIONS OF AB 1486 PURSUANT TO GOVERNMENT CODE SECTION 54234(a)(1) AND MAKING CEQA FINDINGS OF EXEMPTION RELATING THERETO; (2)

MAKING CEQA FINDINGS AND APPROVING AN ADDENDUM TO THE

PREVIOUSLY CERTIFIED FINAL ENVIRONMENTAL IMPACT STATEMENT /

ENVIRONMENTAL IMPACT REPORT (EIS/EIR) FOR THE DISPOSAL AND REUSE OF MARE ISLAND NAVAL SHIPYARD PROJECT (1998) AND THE

MARE ISLAND AMENDED AND RESTATED SPECIFIC PLAN PROJECT
FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (2005); (3)

APPROVING THE NORTH MARE ISLAND DISPOSITION AND

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF VALLEJO AND

THE NIMITZ GROUP LLC AND AUTHORIZING THE CITY MANAGER TO Regular City Council Meeting Minutes
March 22, 2022
Page | 15

EXECUTE SAME AND ANY AND ALL OTHER DOCUMENTS NECESSARY

TO EFFECTUATE THE PURCHASE AND SALE OF THE PROPERTY AND THE SUBLEASE OF THE NAVY PROPERTY; AND (4) AUTHORIZING

EXECUTION OF THE SEVENTH AMENDMENT TO THE EXCLUSIVE

NEGOTIATION AGREEMENT (ENA) WITH THE NIMITZ GROUP, LLC FOR

THE PROPERTY
Recommendation:

Adopt resolutions:

1. Declaring the North Mare Island Property - APNs 0066-020-130 and 0066-020-140 and portions of 0066-020-110 and 0066-020-150 - (Property) as Surplus Property Exempt from the Provisions of AB 1486 pursuant to Government Code Section 54234(a)(1) and Making CEQA Findings of Exemption.

2. Making CEQA Findings and Approving an Addendum to the Previously Certified Final Environmental Impact Statement / Environmental Impact Report (EIS/EIR) for the disposal and reuse of Mare Island Naval Shipyard Project (1998) and the Mare Island Amended and Restated Specific Plan Project Final Subsequent Environmental Impact Report (2005).

3. Approving the North Mare Island Disposition and Development Agreement between the City of Vallejo and The Nimitz Group, LLC and Authorizing the City Manager to Execute Same and any and all Other Documents Necessary to Effectuate the Purchase and Sale of the Property and the Sublease of the Navy Property.

4. Authorizing execution of the Seventh Amendment to the Exclusive Negotiation Agreement (ENA) with The Nimitz Group, LLC for the Property.

Contact: Gillian Hayes, Interim Assistant City Manager, (707) 648-4163 [email protected]
Paul Kelley, Special Advisor to City Manager, Economic Development Manager, (707) 648-4109
[email protected]
Erin Hanford, Economic Development Program Manager, (707) 648-5406 [email protected]
Interim Assistant City Manager Hayes, Special Advisor to City Manager/Economic Development Manager Kelley and Program Manager Hanford provided a presentation including the following components:
 Project Location
 North Mare Island History
 Term Sheets and DDA Comparison
 Sales Price/Land Preparation costs
Regular City Council Meeting Minutes
March 22, 2022
Page | 16
 Slight Changes since 2/22
 Progress to Date
 Nimitz Obligations in DDA
 Economic Benefits to City
 Surplus Land Property Exemption
 CEQA Addendum
 ENA Amendment
 Public Input
 Recommendations and Next Steps
Tom D’Alessandro provided a presentation to the Council.

The meeting recessed at 11:02 p.m. and reconvened at 11:17 p.m.

Speakers: Tim Hiemstra, Victor Zayas (Earthquake Protection), Konstantin Miatchine (Regal Developments), Andrea Sorce, Kevin Frazier, Ann Adams, David Haldane, Jeff Trager, Ken Szutu, Robert Brekke, Joe feller, Belinda Seidemann, Kathleen Diohep, Casey, Anne Carr, Myrna Hayes, Dave Marsh, Greg Keidan, and Stephen Hallett.

Staff and Mr. D’Alessandro responded to questions and comments from members of the public.

Staff responded to questions from Councilmembers. Councilmembers provided comment.

Actions: (1) Moved by Vice Mayor Verder-Aliga and carried unanimously to adopt Resolution No. 22-063 N.C., a resolution authorizing execution of the Seventh Amendment to the Exclusive Negotiation Agreement (ENA) with The Nimitz Group, LLC for the Property.
(2) Moved by Councilmember Loera-Diaz to continue Recommendations 1, 2 and 3 to the April 26 meeting so Council can discuss the amount being proposed for the sale of the property.
(3) On a substitute motion by Vice Mayor Verder-Aliga, it was moved to adopt resolutions approving Recommendations 1 and 2 and 3.

Mayor McConnell called for the division of Council action on Recommendations 1, 2 and 3.

The substitute motion as offered by Vice Mayor Verder-Aliga was revised to move adoption of resolutions approving Recommendations 1 and 2 and taking action on Recommendation 3 separately.

Motion carried unanimously on Recommendations 1 and 2 as follows:
(1) Adopted Resolution No. 22-060 N.C., a resolution declaring the North Regular City Council Meeting Minutes
March 22, 2022
Page | 17
Mare Island Property - APNs 0066-020-130 and 0066-020-140 and portions of 0066-020-110 and 0066-020-150 - (Property) as Surplus Property Exempt from the Provisions of AB 1486 pursuant to Government Code Section 54234(a)(1) and Making CEQA Findings of Exemption, and
(2) Adopted Resolution No 22-061 N.C., a resolution making CEQA Findings and Approving an Addendum to the Previously Certified Final Environmental Impact Statement / Environmental Impact Report (EIS/EIR) for the disposal and reuse of Mare Island Naval Shipyard Project (1998) and the Mare Island Amended and Restated Specific Plan Project Final Subsequent Environmental Impact Report (2005).

Motion on Recommendation 3 carried with Mayor McConnell and Councilmembers Arriola and Loera-Diaz opposed as follows: adopted Resolution No. 22-062 N.C., a resolution aproving the North Mare Island Disposition and Development Agreement between the City of Vallejo and The Nimitz Group, LLC and Authorizing the City Manager to Execute Same and any and all Other Documents Necessary to Effectuate the Purchase and Sale of the Property and the Sublease of the Navy Property.

C. POLICE OVERSIGHT MODEL PUBLIC OUTREACH PLAN
Recommendation: Staff recommends that the City Council receive and provide input, if any, on the public outreach/community engagement plan for police oversight.

Contact: Mike Malone, Interim City Manager (707) 648-45766 [email protected]
Veronica A.F. Nebb, City Attorney (707) 648-4545
[email protected]
Speakers: Andrea Sorce, Melissa Swift, Renee Sykes, Phillip Wilson, Ian Emperador, and David Haldane.

City Attorney Nebb reviewed the commitment to collaborative reform, provided background information and outlined the Community Engagement Plan key components.

Staff responded to questions from Councilmembers. Councilmembers provided comment.

Action: By Council consensus, the report was received and input was provided to staff and approved on the public outreach/community engagement plan for police oversight to include plans to reach members of the public who do not have access to electronic formats allowing them to participate in the community forums.

The meeting recessed at 9:30 p.m. and reconvened at 9:40 p.m.

D. REQUEST FROM COUNCILMEMBER DEW TO ADD AN AGENDA ITEM AT A SUBSEQUENT MEETING REGARDING "VALLEJO EARLY LEARNING
Regular City Council Meeting Minutes
March 22, 2022
Page | 18
CENTER" AND POSSIBLE PARTNERSHIP
Recommendation: Consider Councilmember Dew's request and direct staff to prepare and present relevant materials at a subsequent meeting Contact: Councilmember Dew
[email protected]
Councilmember Dew discussed the nature of her request. Following Council discussion, staff responded to questions from Councilmembers.

Speakers: None.

Another question and answer period followed. Councilmembers provided comment.

Action: Moved by Councilmember Dew and carried unanimously to direct staff to prepare and present relevant materials at a Council meeting in May.

10. INFORMATION CALENDAR – None.

11. CITY MANAGER’S REPORT
Interim City Manager Malone reported on a grant secured by the Water Department and acknowledged Public Information & Communication Officer Lee for her efforts on public outreach related to the relocation of the Police Department building.

12. CITY ATTORNEY’S REPORT – None.

13. COMMUNITY FORUM
Speakers: Robert Brekke, Anne Carr, Brad Beltane, and Phillip Wilson.

14. REPORT OF THE PRESIDING OFFICER AND MEMBERS OF THE CITY COUNCIL The Mayor and Councilmembers reported on various community events and meetings attended.

15. ADJOURNMENT
The meeting adjourned at 2:12 a.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:

Regular City Council Meeting Minutes
March 22, 2022
Page | 19
________________________________
DAWN G. ABRAHAMSON

CITY CLERK
CONSENT CALENDAR 8.C.

DATE: April 12, 2022
TO: Mayor and Members of the City Council
FROM: Shawny K. Williams, Chief of Police
SUBJECT: RECEIVE THE CITY MANAGER'S REQUEST AND PROVIDE NOTICE TO AMEND FISCAL YEAR 2021/2022 BUDGET TO REFLECT ACCEPTANCE OF THE BYRNE CRIMINAL JUSTICE INNOVATION PROGRAM GRANT IN THE AMOUNT OF $999,688

RECOMMENDATION
Receive and file the City Manager's request and provide a notice to amend the Fiscal Year 2021-22 General Fund to reflect revenues in the amount of $999,688 from the Byrne Criminal Justice Innovation Grant Award and appropriate expenditures in the amount of $999,688.

REASONS FOR RECOMMENDATION
The City of Vallejo Police Department has received a $998,688 Byrne Criminal Justice Innovation Program grant from the Department of Justice, Bureau of Justice Assistance. This award will fund a strategic approach to crime reduction while building public trust through the integration of enforcement strategies with communitybased crime reduction efforts.

Amending the budget requires a public notice of intent (step 1) under the city's charter section 703 prior to any action taken. A staff report and a recommendation to amend the budget (step 2) and accept the grant will be presented to the City Council at the next regularly scheduled City Council meeting.

BACKGROUND AND DISCUSSION
The City of Vallejo Police Department was one of 20 agencies selected for the FY 2021 Byrne Criminal Justice Innovation Program (BCJI) through a competitive application process. The BCJI funding will be used to fund “Project HOPE.” Project HOPE (Harm-focused Outreach Prevention and Engagement) will develop and implement evidence-based community violence intervention strategies to reduce crime and gun violence in concentrated hotspot areas in Vallejo.

Project HOPE includes comprehensive violence reduction framework to address gun and gang violence and community-police relations. Centered on youth and family services, the project establishes comprehensive, community-based and equitable access to justice and services through place-based programming designed to prevent, interrupt, and mitigate violence. Project highlights include family interventions, youth diversion, safe visitation and custody exchange, hospital-based intervention, neighborhood revitalization and street and community outreach.

Goals of Project HOPE:
 Reduction in youth (aged 14-24) justice involvement by 10%  Reduce Part I crime by 10% and Part II crime by 15%, both in “hotspot” areas  Reduce gun violence by 10%
 Increase non-enforcement police activities by 20% and decrease complaints by 5% Date: April 12, 2022
Subject: RECEIVE THE CITY MANAGER'S REQUEST AND PROVIDE NOTICE TO AMEND FISCAL YEAR 2021/2022 BUDGET TO REFLECT ACCEPTANCE OF THE BYRNE

CRIMINAL JUSTICE INNOVATION PROGRAM GRANT IN THE AMOUNT OF $999,688

Page 2 ends

For a successful program, the department will work with the following partners to leverage local resources:

The Leaven, Impact Bible Ministries, Victory Outreach, Courage Center, NAMI Solano County, NorthBay Trauma Center, Solano County Health and Human Services and Child Welfare Service, Vallejo City Unified School District, NAACP Vallejo Branch, SafeQuest Solano, Solano County District Attorney, Solano County Probation, Solano County Sheriff’s Office, Vallejo Chamber of Commerce, and various churches. Research partners for this project include Touro University and BetaGov.

The grant period starts on October 1, 2021 and continues through September 30, 2024.

FISCAL IMPACT
The City of Vallejo Police Department will receive $999,688 in funding. There is no net fiscal impact on the General Fund as the proposed revenues received are equal to the proposed expenditure authorizations.

There is no cost share or match requirement for the grant.

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. Award Package

CONTACT
Shawny K. Williams, Chief of Police (707) 648-4540
[email protected]

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CONSENT CALENDAR 8.D.

DATE: April 12, 2022
TO: Mayor and Members of the City Council
FROM: Paul Kelley, Special Advisor to City Manager, Economic Development Manager SUBJECT: ADOPT A RESOLUTION APPROVING THE SEVENTH AMENDMENT TO THE

EXCLUSIVE NEGOTIATING AGREEMENT FOR THE BLUE ROCK SPRINGS GOLF

COURSE PROJECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE SAME

RECOMMENDATION
Adopt the Resolution approving the Seventh Amendment to the Exclusive Negotiating Agreement with Blue Rock Springs, LLC and authorizing the City Manager to execute same.

REASONS FOR RECOMMENDATION
The current ENA for the revitalization of the Blue Rock Springs Golf Course and Housing Project is scheduled to expire on April 20, 2022. This 7th Amendment provides additional time to finalize the settlement negotiations and, if such negotiations are successful, to document and complete a purchase and sale agreement.

BACKGROUND AND DISCUSSION
Request for Qualifications (2017) and Exclusive Negotiating Agreement (2018) Blue Rock Springs Golf Course (Golf Course) encompasses 225 acres of City property and has two 18-hole courses of roughly similar size (with Columbus Parkway separating the two). On May 23, 2017, staff presented a memorandum to the City Council detailing the Golf Course's declining revenues and the need for General Fund subsidies in the amount of $4.6 million since 2011.

The City issued a Request for Proposals (RFQ) in August 2017 and received nine proposals. Of those proposals, the Greg Norman Company’s original project concept was the only one that met the three City goals for the project:

1. Renovate and restore the municipal golf course in a manner that allows for it to operate as an affordable public course but independent of subsidies from the City;

2. Fund the development of a new or renovated multi-use Clubhouse and associated facilities servicing both the gold course and the local community; and

3. Preserve or improve the existing aesthetics, quality, property values, environment and view of the surrounding neighborhoods.

Date: April 12, 2022
Subject: ADOPT A RESOLUTION APPROVING THE SEVENTH AMENDMENT TO THE

EXCLUSIVE NEGOTIATING AGREEMENT FOR THE BLUE ROCK SPRINGS GOLF

COURSE PROJECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE SAME

Page 2 ends

In March 2018, the City Council authorized City staff to negotiate an exclusive negotiating agreement (ENA) with the Greg Norman Company to lead the project, which the City Council approved on June 26, 2018. In November 2019, the Greg Norman Company formed a new joint venture with The Lewis Group, a qualified, experienced, California developer (who was also one of the nine respondents to the City’s RFQ.) The ENA was assigned, under a process already established within the ENA, to the new joint venture between the Greg Norman Company and The Lewis Group – Blue Rock Springs, LLC.

Syar Industries Request for No Development Setback
In late Summer 2018, Syar Industries, the owner of the Lake Herman Quarry adjacent to the eastern portion of the Golf Course, approached the City and insisted on “no development on the East side.” Although Syar is not legally entitled to any rights or control over the City-owned property, Syar has insisted on a “2,500-foot setback” that was referred to in the City’s former General Plan, but was not included in the City’s updated General Plan 2040 (adopted in August 2017).

Since August 2018, Syar has requested that there be no housing development on the eastern side of Columbus Parkway. Although Syar is not entitled to any rights or control of City-owned property, the Developer and City aim for a mutually acceptable resolution that enables the development to advance. Since the Fall of 2020, the City has been in discussions with Syar and its representatives to find a resolution to Syar's concerns without compromising the Blue Rock Springs revitalization project for the Golf Course.

Syar’s position creates uncertainty for the Developer, which has already invested significant resources into the project, and has stalled progress on refining and enhancing the proposed concept in order to move the project into the environmental review and entitlement process. Nonetheless, the Developer and City have acted in good faith by completing most deliverables and milestones established in the ENA. The Developer has deposited a $150,000 negotiation fee and cost reimbursement deposit, completed its geotechnical studies and Phase I environmental assessment, and submitted a Conceptual Map and proposed project description.

Additionally, the Developer has held three (3) community meetings to share information with the public and residents (October 24, 2018; February 5, 2019; and May 23, 2019.) Since the Fall of 2020, the City has been in discussions with Syar and their representatives to find a resolution to the development issues at Blue Rock that would implement the Blue Rock Springs revitalization project for the golf course, housing and retail project and preserve the ongoing quarry operations into the future. The City team and it’s partner Blue Rock Springs LLC have come to a potential resolution and settlement with Syar. That settlement agreement is being finalized and negotiated into is more final form.

The current ENA for the revitalization of the Blue Rock Springs Golf Course and Housing Project is scheduled to expire on April 20, 2022. This Seventh Amendment provides additional time for the parties to finalize settlement negotiations and, if successful, to document and complete a purchase and sale agreement.

FISCAL IMPACT
Amending the ENA does not have any fiscal impact.

ENVIRONMENTAL REVIEW
Amending the ENA is exempt from (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. A full environmental review will be undertaken, at Date: April 12, 2022
Subject: ADOPT A RESOLUTION APPROVING THE SEVENTH AMENDMENT TO THE

EXCLUSIVE NEGOTIATING AGREEMENT FOR THE BLUE ROCK SPRINGS GOLF

COURSE PROJECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE SAME

Page 3 ends

the expense of the developer, once a project description and application have been finalized.

ATTACHMENTS

1. Seventh Amendment to Blue Rock LLC ENA FINAL.041222

2. Seventh Amendment Resolution Blue Rock LLC ENA 041222_wCAO Stamp

CONTACT
Paul Kelley, Special Advisor to City Manager, Economic Development Manager (707) 648-4109 [email protected]
Gillian Hayes, Interim Deputy City Manager, (707) 648-4163 [email protected]
Seventh Amendment to Agreement Between City of Vallejo and Blue Rock Springs, LLC. (Revised 3.2022)

Page 1 of 4 ends

SEVENTH AMENDMENT TO EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT BETWEEN CITY OF VALLEJO AND BLUE ROCK SPRINGS, LLC.

This Seventh Amendment to the Exclusive Right to Negotiate Agreement dated July 3, 2018 (“Agreement”), by and between Blue Rock Springs, LLC, a Delaware limited liability corporation, successor-by-assignment to Greg Norman Golf Course Design Company, LLC., a Florida limited liability company (“Developer”), on the one hand, and the City of Vallejo, a municipal corporation (“City”), on the other, is made and entered into on this 12th day of April, 2022 (“Seventh Amendment”).

RECITALS
A. Section 2(a) of the Agreement set an expiration date for the Agreement six months from July 3, 2018. Section 2(b) of the Agreement authorized the City Manager to extend the expiration date of the Agreement no more than two times by up to 90 days each time, with any further extension of the expiration date to require Vallejo City Council approval.

B. The parties entered into the First Amendment to the Agreement dated December 26, 2018 (“First Amendment”). As part of the First Amendment, Section 2(b) of the Agreement was revised to extend the term of the Agreement by 90 days and set the expiration date to March 31, 2019. This First Amendment was approved by the City Manager pursuant to Section 2(b) of the Agreement. The First Amendment also assigned all rights and obligations of the Agreement from Greg Norman Golf Course Design Company, LLC., a Florida limited liability company to Developer.

C. The parties entered into a Second Amendment to the Agreement on March 26, 2019 (“Second Amendment”). The Second Amendment extended the term of the Agreement by 90 days and set the expiration date at July 2, 2019.

This Second Amendment was approved by the City Manager pursuant to Section 2(b) of the Agreement.

D. On June 25, 2019, the parties entered into the Third Amendment to the Agreement (“Third Amendment”). The Third Amendment was approved by City Council on June 25, 2019. As part of the Third Amendment, the expiration date was extended to expire on January 2, 2021. The Third Amendment also amended Section 2(b) of the Agreement to authorize the City Manager on behalf of the City to extend the expiration date of the Agreement not more than 4 additional times by Seventh Amendment to Agreement Between City of Vallejo and Blue Rock Springs, LLC. (Revised 3.2022)

Page 2 of 4 ends

up to 90 days each time, not to exceed 360 days of extension in total, with any further extension beyond the 360 days to require Vallejo City Council approval.

E. On December 30, 2020, the parties entered into the Fourth Amendment to the Agreement ("Fourth Amendment"). The Fourth Amendment was approved by the City Manager and extended the expiration date of the Agreement to April 22, 2021.

F. On or about April 23, 2021, the parties entered into a Fifth Amendment to the Agreement (“Fifth Amendment”). The Fifth Amendment was approved by the City Manager and extended the expiration date of the Agreement to October 22, 2021.

G. On or about October 20, 2021, the parties entered into a Sixth Amendment to the Agreement (“Sixth Amendment”). The Sixth Amendment as approved by the City extended the expiration date of the Agreement to April 20, 2022.

H. The City and Developer now desire to extend the Agreement for an additional 180-day period, with an option for the City Manager to extend the term for an additional 90 days.

NOW, THEREFORE, City and Developer, hereby mutually agree as follows:

1. Revised Term of the Negotiation Period. Pursuant to Section 2(b) of the Agreement as amended by the Seventh Amendment, the term of the Agreement currently scheduled to expire on April 20, 2022, is hereby extended o n e h u n d r e d e i g h t y d a y s to October 20, 2022. The City Manager shall have the option to extend the term by an additional 90 days. Any further or additional extensions shall require the approval of the Vallejo City Council.

2. Replacement of Exhibit B. Exhibit B to the Agreement is hereby amended and replaced in its entirety with a new Exhibit B attached hereto.

3. Integration. This Seventh 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 Seventh Amendment. This Seventh 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 Developer 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 Seventh Amendment and the Agreement, the provisions of this Seventh Amendment shall control in all respects.

5. Ambiguities. The Parties have each carefully reviewed this Seventh Amendment and have agreed to each term of this Seventh Amendment. No ambiguity shall be presumed to be construed against either Party.

Seventh Amendment to Agreement Between City of Vallejo and Blue Rock Springs, LLC. (Revised 3.2022)

Page 3 of 4 ends

6. Counterparts. This Seventh 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 Seventh Amendment for Developer hereby represents and warrants that he or she is fully authorized to sign this Seventh Amendment on behalf of Developer.

IN WITNESS WHEREOF, the City of Vallejo have executed this Seventh Amendment as of the day and year first above written.

BLUE ROCK SPRINGS, LLC
a Delaware limited liability company
__________________________________
By: Doug Mull
Its: Authorized Signatory

CITY OF VALLEJO,
a municipal corporation
_________________________________
By: Mike Malone
Its: Interim City Manager
[ADDITIONAL SIGNATURES FOLLOW]
Seventh Amendment to Agreement Between City of Vallejo and Blue Rock Springs, LLC. (Revised 3.2022)

Page 4 of 4 ends

CITY SEAL: ATTEST:
_________________________________
By: Dawn Abrahamson
Its: City Clerk
APPROVED AS TO CONTENT:
_________________________________
By: Paul Kelley
Its: Special Advisor to the
City Manager Economic
Development Division
APPROVED AS TO FORM:
_________________________________
By: Veronica Nebb
Its: City Attorney
APPROVED AS TO INSURANCE:
_________________________________
By: Armond Sarkis
Its: Risk Manager
Seventh Amendment to Agreement Between City of Vallejo and Blue Rock Springs, LLC. (Revised 3.2022)

Page 5 of 4 ends

EXHIBIT B
Performance Milestones
Exclusive Right to Negotiate Agreement approved by Council and executed by both parties
June 26, 2018
(Completed)
Developer Payment – Exclusive Negotiating Fee & City Cost Deposit Fees (Section 3 & 5a)
Five (5) business
days following
mutual execution
of Agreement
(Completed)
Commence Team Formation July 2018
(Completed)
Developer to commence land survey & title reports (Section 7) July 2018 (Completed)
Developer to commence community engagement strategy
(Section 7)
July 2018
(Completed)
City to provide Developer copies of all studies, surveys and other analysis related to the Site or the Project
July 2018
(Completed)
Developer-led Community meeting #1 October 24, 2018
(Completed)
Developer to submit to City preliminary project concept & preliminary project description for City feedback
November 2018
(Completed)
Developer-led Community Meeting #2 February 5, 2019
(Completed)
Developer-led Community Meeting #3 May 23, 2019
(Completed)
City to submit Purchase and Sale Agreement, including
considerations for the following:
 Proposal for City Appraisal / Valuation Procedures
 Proposal for Timeline for Development
 Proposal for Timeline for Conveyance
 Proposal for Project Description
July 31, 2022
If applicable, Developer to modify and submit any revisions to the Concept
July 31, 2022
Based upon the Concept (as may be amended), Developer to submit:
 Preliminary pro forma & preliminary budgets for City
feedback
 Conceptual plans, preliminary development timeline
 Proposed residential unit type and count
 Market feasibility study(s)
 Residual land value analysis
October 1, 2022
City Council Consideration of Purchase and Sale Agreement (supersedes Exclusive Right to Negotiate Agreement and will contain entitlement milestones)
October 31, 2022
Seventh Amendment to Agreement Between City of Vallejo and Blue Rock Springs, LLC. (Revised 3.2022)

Page 6 of 4 ends

Developer-led Community Meeting #4 November 30,
2022
City Acceptance of Valuation*
Entitlements – Developer initiation*
Developer-led Community Meeting #5*
Entitlement Applications/Tentative Map submitted to City* Environmental Impact Report begins*
Environmental Impact Report finalized for City consideration* Entitlement/Tentative Map consideration by City*
Resource Agency Permitting*
Mass Grading Improvement Plans*
Backbone Infrastructure/Golf Course Improvement Plans*
Construction Begins*
* These milestones will be included in the Purchase and Sale Agreement. 1 RESOLUTION NO. 22 -

RESOLUTION APPROVING A SEVENTH AMENDMENT TO THE BLUE ROCK SPRINGS,

LLC EXCLUSIVE NEGOTIATING AGREEMENT AND AUTHORIZING

THE CITY MANAGER TO EXECUTE SAME
WHEREAS, in early 2017, the City of Vallejo issued a Request for Qualifications (RFQ) for the development the City’s Blue Rock Spring Golf Course; and WHEREAS, on July 3, 2018, the City Council authorized the signing of an Exclusive Negotiating Agreement (ENA) with Blue Rock Springs, LLC a Delaware limited liability corporation with respect to this property and setting in Section 2(a) an expiration date six months from July 3, 2018; and
WHEREAS, the parties entered into the First Amendment to the Agreement dated December 26, 2018, (“First Amendment”). As part of the First Amendment, Section 2(B) of the Agreement was revised to extend the term of the Agreement by 90 days and set the expiration date to March 31, 2019. This First Amendment was approved by the City Manager pursuant to Section 2(b) of the Agreement. The First Amendment also assigned all rights and obligations of the Agreement from Greg Norman Golf Course Design Company, LLC., a Florida limited liability company to Developer; and WHEREAS, the parties entered into a Second Amendment to the Agreement on March 26, 2019, (“Second Amendment”). The Second Amendment extended the term of the Agreement by 90 days and set the expiration date July 2, 2019. This Second Amendment was approved by the City Manager pursuant to Section 2(b) of the Agreement; and
WHEREAS, on June 25, 2019, the parties entered into the Third Amendment to the Agreement (“Third Amendment”). The Third Amendment was approved by City Council on June 25, 2019. As part of the Third Amendment the expiration date was extended to expire on January 2, 2021. The Third Amendment also amended Section 2(b) of the Agreement to authorize the City Manager on behalf of the City to extend the expiration date of the Agreement not more than 4 additional times by up to 90 days each time, not to exceed 360 days of extension in total, with any further extension beyond the 360 days to require Vallejo City Council approval; and WHEREAS, on December 30, 2020, the parties entered into the Fourth Amendment to the Agreement ("Fourth Amendment"). The Fourth Amendment was approved by the 2 City Manager as allowed by the Third Amendment and extended the expiration date to April 22, 2021; and
WHEREAS, on or about April 23, 2021, the parties entered into a Fifth Amendment to the Agreement (“Fifth Amendment”). The Fifth Amendment was approved by the City Manager as allowed by the Fourth Amendment and extended the expiration date to October 22, 2021; and
WHEREAS, on or about October 20, 2021, the parties entered into a Sixth Amendment to the Agreement (“Sixth Amendment”). The Sixth Amendment was approved by the City Manager as allowed by the Fifth Amendment and extended the expiration date to April 20, 2022; and
WHEREAS, the City and Developer now desire to extend the Agreement for an additional 180-day period, with City Manager option for an additional 90 days; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Vallejo that the Seventh Amended ENA (i) updating the Performance Milestones thereto; and (ii) extending the term by an additional 180 Days, with City Manager option for an additional 90 days, is hereby approved and the City Manager or designee is authorized to execute same.

Adopted by the City Council of the City of Vallejo at a regular meeting held on April 12, 2022 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ROBERT MCCONNELL, MAYOR
ATTEST:

DAWN G. ABRAHAMSON, CITY CLERK
CONSENT CALENDAR 8.E.

DATE: April 12, 2022
TO: Mayor and Members of the City Council
FROM: Melisa L. Tigbao, Acting Public Working Director
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SITE

HOST AGREEMENT WITH ELECTRIC VEHICLE CHARGING SOLUTIONS FOR THE

INSTALLATION OF ELECTRIC VEHICLE CHARGERS AND AN ELECTRIC FAST

CHARGE PROGRAM CONTRACT WITH PACIFIC GAS AND ELECTRIC

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute agreements with Electric Vehicle Charging Solutions (EVCS) and Pacific Gas and Electric (PG&E) to deliver electric vehicle chargers for public use.

REASONS FOR RECOMMENDATION
Adopting this resolution will allow the City to begin the process of installing electric vehicle charging equipment within public parking lots within the Downtown, Waterfront, and several Greater Vallejo Recreation District- (GVRD-) managed sites in Vallejo to serve the public and support the general transition to electric vehicles.

BACKGROUND AND DISCUSSION
In 2015, Solano Transportation Authority (STA) received a grant from the California Energy Commission to conduct the Solano Electric Vehicle Transition Program (SEVTP). This program seeks to identify and overcome barriers to deploying electric vehicles (EV) in Solano County through public outreach and education, a streamlined permit process for installing charging stations, and analysis of future charging station needs throughout the county. The goal is to make resources and places to charge electric vehicles (EV) available and easier to find. The SEVTP compiled its findings in a report that was adopted by the STA board on April 11, 2018.

The SEVTP was a multi-faceted program that sought to bring together many Solano-based stakeholders to improve the county's EV readiness. As a result, STA utilizes the SEVTP to ensure that the necessary work continues to ready Solano County for widespread EV adoption. One primary aspect of the SEVTP is to seek funding for EV infrastructure. STA has been monitoring funding opportunities from a variety of sources. This past year, STA received notice of competitive grant funding via the Bay Area Air Quality Management District (BAAQMD) Charge! Grant.

The BAAQMD 2021 Charge! Program provides grant funding to offset the cost of purchasing and installing new publicly accessible chargers for light duty EVs at workplaces, destinations, transit parking locations, transportation corridors, and multi-unit dwelling facilities within BAAQMD's jurisdiction. Grant applicants were encouraged to partner with an electric charging infrastructure provider/vendor to facilitate the delivery of the project and meet the minimum application requirement. STA contacted six vendors from the interested vendors listed on the BAAQMD's website. Experience working with the BAAQMD and familiarity with grant programs were key considerations throughout vendor deliberations, along with the ability to provide a fullservice turn-key solution whereby the vendor plans, permits, installs, operates, and maintains the charging infrastructure.

STA identified EVCS as the most responsive vendor having the capacity to complete the grant application, Date: April 12, 2022
Subject: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SITE

HOST AGREEMENT WITH ELECTRIC VEHICLE CHARGING SOLUTIONS FOR

THE INSTALLATION OF ELECTRIC VEHICLE CHARGERS AND AN ELECTRIC

FAST CHARGE PROGRAM CONTRACT WITH PACIFIC GAS AND ELECTRIC

Page 2 ends

engineer and construct electric vehicle (EV) charging infrastructure at sites throughout Solano County, and operate and maintain the EV equipment for a minimum of five years, with the site host's option to extend to ten years. The City, STA, and EVCS engaged in a discussion regarding the optimal placement of EV chargers.

These conversations illuminated the fact that disadvantaged communities, transit hubs, government centers, recreation sites, and public lots in the Downtown / Waterfront area are priority locations for early implementation. With this in mind, the City intends to explore the installation of EV chargers at the following city-owned sites:

Location Address
Number of
Direct current
Fast Chargers
Number of
Level II
Chargers
Ferry Terminal
Lots A1 and B
145 and 150 Georgia St 6 33
Ferry Terminal
Lot A2
121 Maine St 3 0
Downtown Lots
Lot I, L and K
340, 432, 435 York St 9 20
City Hall and JFK Library
Parking Lots
555 Santa Clara St 3 5
Downtown Lot
Lot D
542 Santa Clara 3 3
Downtown Lot
Lot J
301 Virginia St 3 0
Downtown Lot
Lot F
201 Capitol St 3 0
GVRD Community and
Culture Centers
225 and 395 Amador St 7 0
GVRD South and North
Community Centers
545 Mazazine and
1121 Whitney
7 11
TOTAL 44 72
These strategic locations are all publicly accessible, located in high-traffic areas, and benefit citizens of all income levels. The opportunity will accelerate the deployment of EV charging within our city, where penetration is currently below-average levels. Staff will continue to look at additional public sites to add to the program should these initial sites prove successful. Additional sites might include the Public Boat Launch, Lot M, once PG&E clean-up is concluded, other library sites, Soltrans transit locations, like Curtola parking and ride, and other community venues.

The fastest charges are the direct-current fast chargers available with a maximum output of 350kW and can fill an EV battery to 80% in 20-40 minutes and 100% in 60-90 minutes. Level II chargers output anywhere from 3kW to 19kW of power and can charge a vehicle typically in 2-6 hours.

The City does not currently have an electric vehicle infrastructure policy or program. Public Works has recently been awarded funding and is about to issue an RFP to construct EV Charging at the City's Corporation Yard and Fleming Hill Water Plant to support the initial electrification of the City's fleet. This opportunity to leverage STA's work and the grant funds to deploy EV infrastructure within City public parking lots would prove Date: April 12, 2022
Subject: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SITE

HOST AGREEMENT WITH ELECTRIC VEHICLE CHARGING SOLUTIONS FOR

THE INSTALLATION OF ELECTRIC VEHICLE CHARGERS AND AN ELECTRIC

FAST CHARGE PROGRAM CONTRACT WITH PACIFIC GAS AND ELECTRIC

Page 3 ends

extremely valuable as staff begins to explore and create policy around this emerging issue.

Next Steps:

City staff are engaged with EVCS and PG&E to finalize plans for each of the proposed sites. Staff will work to complete negotiations on each agreement with EVCS and PG&E in the coming month if authorized by this action. Public Works Engineering and transportation staff would work directly with EVCS to implement the project, including permitting and managing construction, followed by program operations and administration.

EVCS will be receiving and managing the grant, purchasing and installing the electric vehicle charging stations, and managing the electric vehicle stations and payments.

City staff will continue to work with STA and others to identify additional funding sources and opportunities to deliver a network of EV charging infrastructure to support the ongoing electrification of vehicles at all levels.

FISCAL IMPACT
There is no fiscal impact to the City's general fund associated with execution of either of these agreements. If individual charging sites are subsequently approved, the City will be encumbering portions of city property with electric vehicle chargers and associated equipment, like transformers, which will likely result in the loss of a small number of paid public parking spaces. EVCS will be receiving and managing the grant, purchasing and installing the electric vehicle charging stations, and managing the electric vehicle stations and payments. The costs for charging electric vehicles on the equipment will be separate from any parking charges in the paid parking lots in Downtown and the Waterfront. EVCS will pay the City $0.05 for every Kwh dispensed through the EV chargers, so this program will generate a small amount of revenue which will be reported to Council annually in future budget processes.

ENVIRONMENTAL REVIEW
It can be seen with certainty that there is no possibility that the proposed project may have a significant adverse effect on the environment. Therefore, the project is considered to be exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) -- Activities Covered by General Rule. The project is also considered to be categorically exempt from CEQA pursuant to CEQA Guidelines Sections 15301(b) -- Existing Facilities, because the proposed project involves only minor physical modifications or alterations to existing facilities providing electrical power and Guidelines Section 15304(f) -- Minor Alterations to Land because the project may involve minor trenching and backfilling where the surface will be restored.

ATTACHMENTS

1. Reso Authorize CM to act EV charging.FINAL

2. Site Host Agreement (City of Vallejo) 04122022

3. PG&E Electric Vehicle Charge Program Contract (301 Virginia St, Vallejo)

4. PG&E Sample Easement

CONTACT
Melissa L. Tigbao, Acting Public Works Director (707) 648-4085 [email protected]
Date: April 12, 2022
Subject: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SITE

HOST AGREEMENT WITH ELECTRIC VEHICLE CHARGING SOLUTIONS FOR

THE INSTALLATION OF ELECTRIC VEHICLE CHARGERS AND AN ELECTRIC

FAST CHARGE PROGRAM CONTRACT WITH PACIFIC GAS AND ELECTRIC

Page 4 ends

Mark Helmbrecht, Transportation Program Superintendent (707) 645-2601 [email protected]
RESOLUTION NO. 22-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AUTHORIZING THE CITY

MANAGER TO EXECUTE A SITE HOST AGREEMENT WITH ELECTRIC VEHICLE CHARGING SOLUTIONS, INC. FOR THE INSTALLATION OF PUBLIC USE ELECTRIC VEHICLE

CHARGERS AND AN ELECTRIC VEHICLE FAST CHARGE PROGRAM CONTRACT WITH

PACIFIC GAS AND ELECTRIC COMPANY
BE IT RESOLVED by the Council of the City of Vallejo as follows:

WHEREAS, Solano Transportation Authority (STA) is utilizing the Solano Electric Vehicle Transition Program (SEVTP) to ensure that the necessary work to ready Solano County for widespread electric vehicle (EV) adoption continues; and
WHEREAS, the primary goal of the SEVTP is to seek funding for EV infrastructure; and WHEREAS, STA has been monitoring funding opportunities from a variety of sources and recently received notice of competitive grant funding for EV infrastructure via the Bay Area Air Quality Management District (BAAQMD) Charge! grant; and
WHEREAS, the BAAQMD Charge! program provides grant funding to offset the cost of purchasing and installing new publicly accessible chargers for light-duty EVs at workplaces, transit parking locations, transportation corridors, and multi-unit dwelling facilities within the BAAQMD jurisdiction; and
WHEREAS, to meet the BAAQMD Charge! grant's minimum application requirement, grant applicants were encouraged to partner with an electric charging infrastructure provider/vendor to facilitate the delivery of EV charging infrastructure; and WHEREAS, familiarity with grant program requirements and the ability to provide a full-service turnkey solution, where the vendor plans, permits, installs, operates and maintains the charging infrastructure were identified as necessary qualifications of the provider/vendor; and WHEREAS, STA identified Electric Vehicle Charging Solutions (EVCS) as the most responsive vendor, having the capacity to complete the grant application and ability to operate and maintain the equipment for five years, with the site host’s option to extend to ten years; and WHEREAS, STA, the City of Vallejo, EVCS, and PG&E have been working cooperatively on a pilot grant-funded project to provide public use EV chargers at various locations within the City; and WHEREAS, a site host agreement with EVCS and an EV fast charge program contract with PG&E are necessary to secure PG&E’s Electric Vehicle Fast Charge Program funding.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Vallejo that the City Manager is hereby authorized to execute:

1. A Site Host Agreement with EVCS, Inc.

2. An Electric Vehicle Fast Charge Program Contract with Pacific Gas and Electric Company.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on April 12, 2022, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST
ROBERT H. MCCONNELL, MAYOR
DAWN G. ABRAHAMSON, CITY CLERK
EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evchargingsolutions.com 1 SITE HOST AGREEMENT
This Site Host Agreement (hereafter the “Agreement”) is effective as of _____________________ (hereafter the “Effective Date”) by and between EV Charging Solutions, Inc., a California for benefit corporation with its principle place of business located at 11800 Clark Street, Arcadia, California 91006 (hereafter “EVCS”), and the City of Vallejo, a municipal corporation and charter city (hereafter “Site Host”). EVCS and Site Host may collectively be referred to herein as the “Parties" or individually as “Party.”

RECITALS
WHEREAS, EVCS has access to public and/or private funding to install and operate Level II and/or Direct Current Fast Charging (“DCFC”) stations (hereafter "Equipment"); WHEREAS, this funding is intended to improve the availability and reliability of electric vehicle charging systems;
WHEREAS, Site Host agreed to allow the construction, operation, and maintenance of one or more DCFC and/or Level II Charging Stations on its real property (hereafter “Property” and/or “Site”) in the location more specifically identified herein and also agreed to allow public use of the new charging stations;
WHEREAS, the Parties wish to collaborate by utilizing their respective resources to promote the promulgation of the electric transportation sector;
WHEREAS, The Parties agree to revenue share the proceeds from the sale of electricity stemming from placement of EVSE charging equipment by EVCS onto Site Host’s Property as outlined in section four (4) of the agreement titled “Revenue Sharing.”; WHEREAS, Termination Date, is defined as five (5) years from the commissioning date (i.e., date when the chargers are placed in service);
NOW, THEREFORE, in consideration of the promises set forth herein, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, EVCS and Site Host agree as follows:

EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evchargingsolutions.com

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1. Recitals
The Parties agree that the foregoing Recitals are true, correct, and accurate.

2. EVCS’ General Obligations for Equipment and Services EVCS shall provide the following equipment and services:
a) Purchase of ___________ DCFC Stations and ___________ Level II Stations, the general specifications for which are detailed in Exhibit A together with all other mechanical, electrical, and physical components necessary for the installation, connection, and operation of the Charging Station in accordance with this Agreement (“Equipment”); Equipment used may be the same or substantially similar to the equipment listed in Exhibit A.
b) Preparation of the Property and installation of the Equipment at the location(s) approved, specified and identified by Site Host and performed by qualified and licensed contractor(s) in accordance with local codes and all applicable laws, permitting, and inspection requirements (the “Project Site”), and as detailed in Exhibit B. For the purposes of initially creating a rebate application and reserving funding for the Project, EVCS and Site Host may mutually agree to leave Exhibit B blank upon initial execution. Once funding is reserved and further feasibility and recommendations are made by EVCS’ electrical contractor in accordance with Site Host’s written approval, the Parties shall further specify the approved location(s) and Site design by mutual written agreement on Exhibit B; c) Payment of all costs of its contractors associated with the delivery, site preparation, installation, and setup of the Equipment at the Project Site; d) Design, installation, wiring, connection and integration of the charging system, consumption/use meters, and related equipment into the public power grid in a manner sufficient to allow full operation of the charging station(s) capabilities and the ongoing metering of power usage from each charging port, subject to the permitting and inspection requirements described in paragraph 2.b above; e) Ongoing maintenance/repairs of the Equipment for the Term of the Agreement; f) All necessary communications, instructions, and network systems to facilitate public charging;
g) Quarterly reports on the utilization of the charging station shall be issued to the Site Host’s representative. Reports shall include energy usage, revenue, security and compliance, transactions, and network communication information.

EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evchargingsolutions.com

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3. Site Host General Obligations
a) Provide necessary access for placement, use, and operation of ____________ DCFC Stations and _______________Level II Stations at the Project Site as detailed in Exhibit B for the Term of this Agreement;
b) Provide the necessary temporary construction easement for EVCS and its contractors for preparation of the Project Site and for installation of the Equipment; c) Provide necessary ongoing utility easement for installation, usage, and maintenance of power lines, conduits, meters and Equipment;
d) Allow necessary ongoing access to the Project Site and Equipment in order for EVCS to collect, use, and distribute data;
e) Will not knowingly allow the Equipment to be opened, accessed, modified, or repaired by anyone other than EVCS or its licensed contractors; f) Will not transfer, assign, encumber or otherwise pledge the Equipment; g) Will use commercially reasonable efforts to prevent damage and vandalism to the Equipment provided, however, that EVCS hereby releases Site Host from all liability and/or responsibility to repair or replace any Equipment that is damaged, stolen, or destroyed by any third party act or willful misconduct; h) Will not open, move, modify, reverse engineer, or disassemble the whole or any part of the Equipment or any part thereof in any manner; i) Will not uninstall the Equipment;
j) Allow EVCS and its approved contractors necessary access to the Project Site for installation, maintenance, repair, replacement and approved de-installation of the Equipment;
k) Shall cause the Premises to be maintained in a clean, safe, and orderly condition to at least the same standard as to which other areas at the Property that are under the Site Host's control are maintained;
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l) Will assign to EVCS all interest in all and any rebates that Site Host may receive relating to the Equipment, and/or this Agreement during the Term of this Agreement; and
m) Grant EVCS rights to claim environmental credits (e.g., carbon credits) relating to the Equipment, and/or this Agreement during the Term of this Agreement; n) Grant EVCS the rights to enroll the Equipment into a Demand Response program and claim any economic benefit arising from such an enrollment. If Demand Response program benefits credits the Site Host utility bill, the utility bill credit will be used to offset cost of electricity described in paragraph 4 and subchapter d (4.d.) and Demand Charges described in paragraph 4 and subchapter e (4.e.) and if the Demand Response credits are in excess of Demand Charges and cost of electricity, EVCS can request Site Host for reimbursement of such excess. The Site Host agrees to issue such a reimbursement within thirty (30) days of request by EVCS;
o) Should the Site Host desire to relocate any EV Chargers during the Term of this Agreement, Site Host shall request EVCS’s approval for such relocation in writing per the notification section below, and EVCS shall grant or deny such request, in writing, in a timely fashion. If EVCS approves such a relocation, the parties will work cooperatively to identify an alternative parking location for installation of the EV Charging equipment and the new site will be amended into this agreement. If approved, EVCS will manage the removal and new installation of the EV Chargers at the new location and costs of the relocation activities will be split evenly between the parties.

4. Revenue Sharing
a) The Parties agree that the Equipment installed by EVCS will generate revenue through the patronage of customers utilizing the Equipment placed with the Site Host; b) EVCS shall set the price/rate of which electricity shall be sold to consumers of the Equipment;
c) EVCS will pay Site Host $0.05 cents for each kWh sold; Further, in the event the Site Host is responsible to pay for the cost of electricity, then EVCS will pay Site Host $0.05 cents per kWh plus the cost of electricity utilized by the EV Chargers. In the event Site Host chooses to offer certain customers free or discounted charging, EVCS will offset any revenue share amounts owed to Site Host by an amount proportionate to the reduction in revenue caused by said free or discounted charging. In the event there is a balance owed from Site Host to EVCS as a result of said free or discounted EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evchargingsolutions.com

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charging, Site Host shall remit payment to settle said balance within thirty (30) days of receipt of said balance from EVCS;
d) In the event Site Host incurs any incremental Demand Chargers strictly in connection with the operation of the installed Equipment that are assessed by the electrical utility company providing the service, Site Host shall present these charges, including any support and back-up that substantiate the charges to EVCS, and EVCS shall reimburse Site Host for these charges within thirty (30) days of receipt; e) EVCS at its sole option will have the right to own the electricity service meter and/or utility service account servicing the Equipment;
f) EVCS will collect the proceeds generated from the sale of electricity from the Equipment and will then perform the necessary revenue share calculations by taking the number of kWh sold multiplied by $0.05 cents to determine Site Host’s total revenue share amount portion and will remit said revenue share portion to Site Host; g) EVCS will use its best, commercially reasonable efforts to install a separate electric meter as allowed by the utility provider at the Site through which electrical costs shall be tracked. In the event EVCS deems installing a separate meter is impractical or uneconomical for any reason, the EV chargers shall be connected to Site Host’s existing electrical meter. In order to allow EVCS to perform the revenue sharing calculation, Site Host will provide EVCS with a hard copy or electronic/digital copy of Site Host's electricity bills or will allow EVCS to view the bills electronically on an on-going basis; for EVCS to be able to reimburse electricity cost to Site Host. h) EVCS will have thirty (30) days after the end of each billing cycle to remit the appropriate revenue share portion to Site Host. The billing cycle will begin on the first day of the month and end on the last day of that same month. EVCS shall provide Site Host with a monthly accounting statement within thirty (30) business days following the end of the previous month indicating the total amount of revenue generated, including any offsets or reductions to revenue, and the resulting net revenue share amount owed to Site Host.

5. Term of Agreement:

The term of this Agreement (“Term”) shall begin upon the Effective Date. The date the first Equipment becomes operational will hereafter be referred to as the "Commencement Date." The Term hereof shall expire (unless renewed or extended) five (5) years from the Commencement Date (hereafter the "Termination Date”), unless sooner terminated in accordance with the provisions hereof.

EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evchargingsolutions.com

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a) Five (5) Year Extension Option
At least ninety (90) days but no earlier than one hundred & eighty (180) days prior to the expiration of the initial Term, EVCS reserves the right to provide written notice of Five-Year Extension to Site Host. Site Host has the right to accept or deny EVCS’s option to extend and must decide to deny the request within 45 days of receipt of notice from EVCS. If Site Host does not respond in writing within 45 days, EVCS’s notice to extend is automatically approved. In the event of said FiveYear Extension, EVCS reserves the right to replace the Equipment at the Project Site with Equipment that is comparable or better to the Equipment that was previously installed. If EVCS notifies the Site Host of such intent, EVCS will then replace the Equipment no later than one hundred & twenty (120) days after the Termination Date. The terms of this Agreement will remain in effect during that 120-day period after the Termination Date. Site Host will take all reasonable steps to allow EVCS to remove the pre-existing Equipment and replace the pre-existing Equipment with new Equipment. EVCS shall bear the cost to remove and replace the pre-existing Equipment. The removed pre-existing Equipment will then become the exclusive property of EVCS.

b) Automatic One (1) Year Renewal Clause
Provided EVCS (or the Parties) have not exercised the Five (5) Year Extension Option, this Agreement will automatically renew at the end of each Term for a further term of one (1) year unless either Party gives the other written notice of termination at least thirty (30) days but no earlier than ninety (90) days prior to the end of the relevant term.
c) Equipment & Software Transfer
If at the end of the Term (or any Renewal or Extension thereof) Site Host desires to take on operation and maintenance of the chargers itself, EVCS shall assist Site Host with a transition of software and networking and provide basic training to Site Host and its designated employees for a period of up to 90-days. d) Early Termination Clause
This Agreement may be terminated upon 30 (thirty) days’ written notice to either party without penalty or fee in the following instances:

In the case of EVCS, at any time prior to the submission of the permit application for construction of the Equipment, at the Project Site or in the event that EVCS determines that the construction or continued operation of the Equipment, is impracticable or uneconomical.

In the case of Site Host, in the event the Commencement Date has not occurred within eighteen (18) months following the Effective Date, provided that Site Host’s rights shall terminate upon the Commencement Date.

EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evchargingsolutions.com

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6. Ownership of Equipment and Content
Title to and ownership of the Equipment shall be granted to Site Host on the last day of the initial Term, extension, renewal, or termination of this Agreement, prior to its expiration.

All of the information, content, services and software displayed on, transmitted through, stored within, or otherwise used in connection with the use and operation of the Equipment, including, but not limited to data, text, photographs, images, illustrations, video, html, source and object code, software, internet account access, advertising, and the like (collectively, the “Content”) is owned by EVCS. Once this Agreement is terminated and Site Host is granted title and ownership of the Equipment, Site Host shall henceforth be responsible to network and operate the chargers at its sole cost and effort. EVCS and Site Host will work cooperatively to transition operations of the chargers from EVCS to Site Host during the 6-month period preceding termination of this agreement.

7. Installation Activities
EVCS shall, at its sole cost and expense, be responsible for all installation activities (hereafter "Installation Activities") required to support the operation of the Equipment, and services therewith, including the hiring and coordination of all vendors and contractors; the installation of electrical equipment, utility lines, hardware, and software; site preparation, trenching, repaving, and landscaping.

8. Limitations on Use of Project Site
The Project Site and related parking spaces may be used for providing publicly-accessible electric vehicle charging. Site Host shall provide EVCS, its employees and contractors with necessary access to the parking spaces and equipment and shall otherwise provide the same amenities and services it affords to other users of Site Host’s parking facilities. For clarity, the Site Host may, at its sole discretion, impose charges to park within the Project Site including all spaces dedicated to electric vehicle charging. Parking charges by Site Host are separate and independent of any and all charges for electric vehicle charging.

9. Utility Charges
EVCS shall be responsible for all electricity costs associated with both the operation of the charging station and the charging of electric vehicles from the charging stations. Site Host shall cooperate with EVCS efforts regarding provision of electricity to the Equipment.

Neither Site Host nor EVCS has any responsibility or liability for interruption, curtailment, failure, or defect in the supply of utilities furnished to the Equipment.

10. Allocation of Environmental Benefits
Site Host assigns to EVCS any renewable energy credits, allowances, or other indicators of environmental benefit attributable to the presence of the Equipment for the Term of this Agreement and any approved renewals or extensions or until the date the originally installed equipment is no longer installed at the site, whichever comes first.

EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evchargingsolutions.com

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11. Signage
Subject to Site Host review and approval, EVCS shall have the right to place Project-related signage to denote the location of the charging station and the services available. All signage shall comply with the Vallejo Municipal Code as well as City issued design guidelines.

12. Publicity
Neither Party will use the other Party’s name, logos, trademarks or service marks in any manner without the other Party’s prior written approval.

13. Indemnification
a) EVCS shall indemnify, hold harmless and defend Site Host, 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 EVCS’s operations, or operations of any of EVCS’s subcontractors, to be performed under this agreement for EVCS’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 EVCS, or any subcontractor, or anyone directly or indirectly employed by any of them 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 Site Host. b) Site Host agrees to indemnify EVCS, its officers, board, employees, and agents, and hold all of same harmless from and against any and all liability and expense of any kind, including reasonable attorneys' fees, arising from injuries or damages to persons or property resulting in any way from any act or negligence of Site Host, its contractors, agents or employees. It is a condition of this indemnification provision that Site Host shall receive prompt notice from EVCS of any claim against EVCS. c) The provisions of this section shall survive the expiration or termination of this Agreement.

14. Insurance Requirements
EVCS agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for EVCS.” Failure to maintain required insurance at all times shall constitute a default and material breach.

15. Demonstrate PCI Compliance
EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evchargingsolutions.com

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EVCS must provide documentation on the following:
a) Level II Compliant: A PCI DSS Service Level II compliant EVCS has proven the ability to not only process credit cards in large volume, but also maintain the highest level of security.
b) SSAE 16 Compliant: SSAE 16 compliant vendors have the necessary processes in place to remain compliant in day-to-day activities.
c) Cybersecurity Insurance Policy as listed in Insurance Section: This policy will protect the Site Host if there is a security breach of mobile payment platform. d) Within ten (10) days of execution of the Agreement, EVCS shall provide an Attestation of Compliance (“AOC”) with scope verification that matches the type of services provided in the Agreement or other PCI compliance document as acceptable to the Site Host.
e) EVCS shall annually provide the AOC on the anniversary date of this Agreement or the AOC renewal date. During the Term of the Agreement, EVCS must provide the Site Host with a valid PCI compliance document.
f) At the same time that EVCS provides its PCI compliance documents, EVCS shall provide a written acknowledgement of responsibilities for PCI controls. The acknowledgement shall provide that EVCS will maintain, on an on-going basis, all applicable Payment Card Industry Data Security Standards (“PCI DSS”) requirements to the extent EVCS handles, has access to, or otherwise stores, processes, or transmits customers’ cardholder data or sensitive authentication data or manages the cardholder data environment on behalf of the Site Host for the Equipment. g) Within thirty (30) days of any new PCI DSS requirements, as issued by the PCI Security Standards Council, EVCS shall provide an updated written acknowledgement of responsibilities to implement the new PCI DSS requirements to Site Host. h) Within thirty (30) days of the Effective Date, EVCS shall provide a copy of EVCS’s Incident Response Plan (“IRP”) that will be implemented in the event of system and/or data breach/compromise. The IRP must be tested and updated at least annually by EVCS. The IRP shall include but not be limited to:
i. Roles, responsibilities, contact names and communication strategies in the event of a data breach/compromise, including notification to the Site Host and the payment card brands (Visa and MasterCard).
ii. Specific incident response procedures.

EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evchargingsolutions.com

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iii. Business recovery and continuity procedures.
iv. Data back-up processes.
v. Analysis of legal requirements for reporting compromises vi. Coverage and responses of all critical system components. vii. Reference or inclusion of incident response procedures from the payment card brands (Visa and MasterCard)
i) EVCS shall maintain an inventory of its system components, including, but not limited to: hardware, software, payment devices and locations which are part of its Cardholder Data Environment. Upon request by the Site Host, EVCS shall provide inventory documentation for all its systems components.
j) The Site Host will review and verify EVCS’s written acknowledgment of responsibilities for PCI controls, as stated above, at least once a year.

16. Security Incident
EVCS shall inform Site Host of any security incident or data breach. a) Incident Response: EVCS may need to communicate with outside parties regarding a security incident, which may include contacting law enforcement, fielding media inquiries and seeking external expertise as mutually agreed upon by the Parties, defined by law or contained in the Agreement. Discussing security incidents shall be handled on an urgent as-needed basis, as part of EVCS communication and mitigation processes as mutually agreed upon, defined by law or contained in the contract. b) Security Incident Reporting Requirements: The EVCS shall report a security incident to the appropriate Site Host contact immediately.
c) Data Breach Reporting Requirements: If EVCS has actual knowledge of a confirmed data breach that affects the security of any public jurisdiction content that is subject to applicable data breach notification law, EVCS shall (1) promptly notify the appropriate public jurisdiction identified contact within 24 hours or sooner, unless shorter time is required by applicable law, and (2) take commercially reasonable measures to address the data breach in a timely manner.

17. Data Breach Responsibilities
This section only applies when a data breach occurs with respect to personal data within the possession or control of the EVCS.

EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evchargingsolutions.com

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i. EVCS, unless stipulated otherwise, shall immediately notify the appropriate public jurisdiction identified contact by telephone in accordance with the agreed upon security plan or security procedures if it reasonably believes there has been a security incident. ii. EVCS, unless otherwise stipulated, shall promptly notify the appropriate public jurisdiction identified contact within 24 hours or sooner by telephone, unless shorter time is required by applicable law, if it confirms that there is, or reasonably believes that there has been a data breach. EVCS shall (1) cooperate with the public jurisdiction as reasonably requested by the public jurisdiction to investigate and resolve the data breach, (2) promptly implement necessary remedial measures, if necessary, and (3) document responsive actions taken related to the data breach, including any postincident review of events and actions taken to make changes in business practices in providing the services, if necessary.
iii. Unless otherwise stipulated, if a data breach is a result of EVCS’s breach of its obligation to encrypt personal data or otherwise prevent its release, EVCS shall bear the costs associated with (1) the investigation and resolution of the data breach (2) notification to individuals, regulators or others required by state law; (3) a credit monitoring service required by state (or federal) law; (4) a website or a toll-free number and call center for affected individuals required by state law – all not to exceed the average per record per person cost calculated for data breaches in the United States at the time of the data breach; and (5) complete all corrective actions as reasonable determined by EVCS based on root cause; all [(1) through (5)] subject to this contract’s limitation of liability.

18. Breach and Opportunity to Cure
If either Party breaches this Agreement and fails to cure such breach within thirty (30) days after date of written notice of that breach, then the non-breaching party may terminate this Agreement effective as of the end of such thirty (30) day period. Additionally, either Party may terminate this Agreement immediately if the other party (i) ceases to do business in the ordinary course; or (ii) either voluntarily or involuntarily files a bankruptcy petition which is not vacated within thirty (30) days of filing. No such termination will be deemed a waiver of any claim for damages by the non-terminating party.

If the Site Host breaches or terminates the Agreement prior to the Termination Date, Site Host will be required to reimburse EVCS for all costs incurred relating to the installation of the Equipment within thirty (30) days of receipt of an invoice and supporting documentation from EVCS. The Site Host will also be required to reimburse EVCS for the total amount of any rebates EVCS received relating to the Equipment, and/or this Agreement.

EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evchargingsolutions.com

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19. Limitation of Liability

NO WARRANTY, CONDITION OR REPRESENTATION, EXPRESSED,

IMPLIED, ORAL OR STATUTORY, IS PROVIDED TO THE SITE HOST OR

ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTY, CONDITION OR REPRESENTATION: (A) OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

SATISFACTORY QUALITY, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE; (B) THAT THE EQUIPMENT WILL BE FREE

FROM INFRINGEMENT OR VIOLATION OF ANY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES; OR (C) THAT

THE OPERATION OF ANY SOFTWARE OR HARDWARE SUPPLIED WILL BE UNINTERRUPTED OR ERROR FREE. THIS DISCLAIMER AND EXCLUSION

SHALL APPLY EVEN IF THE EXPRESS WARRANTY HEREIN FAILS OF ITS ESSENTIAL PURPOSE. THE SITE HOST'S SOLE AND EXCLUSIVE

REMEDIES HEREUNDER AND THE ONLY LIABILITY OF SITE HOST IS EXPRESSLY LIMITED TO THE TERMS OF THE AGREEMENT. EVCS SHALL

NOT BE LIABLE TO THE SITE HOST, OR ANY THIRD PARTY, FOR ANY

OTHER SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR

INDIRECT COSTS OR DAMAGES, INCLUDING WITHOUT LIMITATION,

LITIGATION COSTS, LOSS OF DATA, LOSS OF PRODUCTION, AND/OR LOSS

OF PROFIT ARISING FROM ANY CAUSE WHATSOEVER, REGARDLESS OF

THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT (INCLUDING

NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES.

FOR PURPOSES OF THIS PROVISION, EVCS INCLUDES EVCS'S

DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS.

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, ANY

CLAIMS FOR DAMAGES BY EITHER PARTY ARISING UNDER OR IN

CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ACTUAL RECOVERIES UNDER SUCH PARTY’S INSURANCE POLICIES.

20. Disputes
This Agreement is governed by, and must be construed and enforced in accordance with, the laws of California, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts within Solano County, California and agrees that those courts have personal jurisdiction over each party; (iii) venue must be within Solano County, California. No waiver of any provision or breach EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evchargingsolutions.com

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hereof is a waiver of any other provision or breach. All rights and remedies are cumulative and nonexclusive.

21. Notices
All notices and other communications provided hereunder must be in writing and will be deemed given: (i) on the date of hand-delivery; (ii) on the date when sent by facsimile (with confirmation of transmission); (iii) on the date when sent by email, with confirmation of receipt; (iv) the day after sending by a nationally recognized overnight delivery service (with confirmation of transmission); or (v) 3 days after sending by certified mail (return receipt requested).

For purposes of this Agreement, addresses for notification, unless changed from time to time in writing, shall be:

FOR EVCS:

EV Charging Solutions, Inc.

Attn: Ian Vishnevsky
11800 Clark Street
Arcadia, California 91006
[email protected]
323.400.EVCS (3827)
FOR SITE HOST:

City of Vallejo
Attn: Mark Helmbrecht
Public Works, 4th Floor
555 Santa Clara Street
Vallejo, CA 94590
[email protected]
707-645-2601

22. Successors and Assigns; Severability; Mutual Drafting The covenants, conditions and agreements contained herein shall bind and inure to the benefit of EVCS and Site Host and their respective successors and assigns. In the event that any covenant, condition or other provision herein contained is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other covenant, condition or other provision herein contained. If such condition, covenant or other provisions shall be deemed invalid due to its scope or breadth, such covenant, condition or their provisions shall be deemed valid to the extent of the scope or EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evchargingsolutions.com

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breadth permitted by law. Any rule of law, including but not limited to California Civil Code section 1654, which could require interpretation of any ambiguities against the draftsperson is inapplicable and is hereby waived. This Agreement shall be deemed to be drafted by each of the Parties. No provision of this Agreement shall be interpreted for or against any Party because that Party or its attorney drafted that provision.

23. Entire Agreement
This Agreement contains all the agreements between the Parties hereto and may not be modified in any manner other than by agreement in writing signed by both the Parties hereto and their successors in interest.

IN WITNESS WHEREOF, this Agreement is executed by both Parties, to become effective on the date last executed.

EVCS
By:______________________________
Title:____________________________
Date:____________________________

SITE HOST
By:______________________________
Title:____________________________
Date:____________________________
EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evchargingsolutions.com

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EXHIBIT A - Electric Vehicle Charging Station Equipment Specifications EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evchargingsolutions.com

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EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evchargingsolutions.com

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EXHIBIT B – Project Site
Please see attached Project list sheet
STA - Vallejo - Ferry Terminal Parking Lot B 150 Georgia St Vallejo, CA 94590 STA - Vallejo - Downtown Parking Lot L 432 York St Vallejo, CA 94590 STA - Vallejo - Curtola P&R (NW) 801 Curtola Pkwy, Vallejo, CA 94590 STA - Vallejo - Curtola P&R (SW) 1501 Lemon St, Vallejo, CA 94590 STA - Vallejo - South Community Center 545 Magazine St Vallejo, CA 94590 STA - Vallejo - North Community Center 1121 Whitney Ave Vallejo, CA 94589 STA - Vallejo - Amador Senior Center 333 Amador St Vallejo, CA 94590 STA - Vallejo - Amador Community Center 225 Amador St Vallejo, CA 94590 STA - Vallejo - Library-Springstown Branch 1003 Oakwood Ave Vallejo, CA 94591 STA - Vallejo - City Hall/ Library 555 Santa Clara St, Vallejo, CA 94590 STA - Vallejo - Downtown Parking Lot D 542 Santa Clara St, Vallejo, CA 94590 STA - Vallejo - Downtown Parking Lot I 435 York St Vallejo, CA 94590 STA - Vallejo - Downtown Parking Lot J 301 Virginia St Vallejo, CA 94590 STA - Vallejo - Downtown Parking Lot K 340 York St Vallejo, CA 94590 STA - Vallejo - Downtown Parking Lot F 201 Capitol St Vallejo, CA 94590 STA - Vallejo - Ferry Terminal Parking Lot A1 145 Georgia St Vallejo, CA 94590 STA - Vallejo - Ferry Terminal Parking Lot A2 121 Maine St Vallejo, CA 94590 STA - Vallejo - Foley Cultural Center 395 Amador St Vallejo, CA 94590 STA - Vallejo - Marina Boat Launch 3 Curtola Pkwy, Vallejo, CA 94590 STA - Vallejo - Downtown Parking Lot G 410 Sacramento St, Vallejo, CA 94590 STA - Vallejo - VTC South Lot 311 Sacramento St, Vallejo, CA 94590 EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evchargingsolutions.com

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Exhibit C
Insurance Requirements for EVCS
EVCS shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the EVCS, his agents, representatives, employees, or subcontractors. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the EVCS under this agreement.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Builder’s Risk (or Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. Such coverage shall name the City of Vallejo as a loss payee as their interest may appear.

5. Professional Liability (or Errors and Omission) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

6. Contractors’ Pollution Legal Liability with limits no less than $1,000,000 per occurrence or claim, and $1,000,000 policy aggregate.

If the EVCS maintains broader coverage and/or higher limits than the minimums shown above, the City of Vallejo requires and shall be entitled to the broader coverage and/or the higher limits maintained by the EVCS. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Vallejo.

Self-Insured Retentions
EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evchargingsolutions.com

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Self-insured retentions must be declared to and approved by the City of Vallejo. The City of Vallejo may require the EVCS to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Vallejo.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the EVCS including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the EVCS. General liability coverage can be provided in the form of an endorsement to the EVCS’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. For any claims related to this project, the EVCS’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 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, or volunteers shall be excess of the EVCS’s insurance and shall not contribute with it.

3. 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 of Vallejo.

4. 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. EVCS agrees to endorse the City of Vallejo as an Additional Insured on the Umbrella or Excess policy, unless the Certificate of Insurance states the Umbrella or Excess policy provides coverage on a “Follow Form” basis.

5. The City of Vallejo reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Claims Made Policies
EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evchargingsolutions.com

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If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3. If coverage is cancelled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the contract effective, or start of work date, the EVCS must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the City of Vallejo for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the EVCSs Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the EVCSs Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current Best rating of no less than A: VII, unless otherwise acceptable to the City of Vallejo.

Waiver of Subrogation
EVCS hereby agrees to waive rights of subrogation which any insurer of EVCS may acquire from EVCS by virtue of the payment of any loss. EVCS agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Vallejo for all work performed by the EVCS, its employees, agents and subcontractors.

Verification of Coverage
EVCS shall furnish the City of Vallejo with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City of Vallejo before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the EVCS’s obligation to provide them. The City of Vallejo reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of right to exercise later. All verification EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evchargingsolutions.com

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of coverage and other insurance documents shall be mailed to the following address:

City of Vallejo
Attn: Risk Manager
555 Santa Clara Street
Vallejo, CA 94590
Subcontractors
EVCS shall require and verify that all Subcontractors maintain insurance meeting all requirements stated herein, and EVCS shall ensure that City of Vallejo is an additional insured on insurance required from Subcontractors. For CGL coverage, Subcontractors shall provide coverage with a form at least as broad as CG 20 38 04

13. Payment Withhold
City of Vallejo will withhold payments to EVCS if the certificates of insurance and endorsements required in this exhibit are canceled or EVCS otherwise ceases to be insured as required herein.

Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105

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Mike Malone
555 Santa Clara St
Vallejo, CA 94590
RE: PG&E Electric Vehicle Fast Charge Program Contract (DCFC003591100) Dear Mike,
We are pleased to share that the site(s) listed below have been selected to join PG&E’s EV Fast Charge program, pending satisfaction of the site-specific contingencies described in this letter. When we receive your countersigned copy of this letter, we will move these sites into the Design phase and begin the engineering, design, and construction.

Site: 301 Virginia St
Vallejo, CA 94590
The following items are included in this Contract package:
• Part A: Project Description
• Part B: Terms and Conditions
• Attachment 1: Preliminary Site Designs
• Attachment 2: Sample Easement (final version to be completed and signed once the project design is finalized)
You have selected noodoeEV as your EVSE supplier. Your contacts at noodoeEV should remain your key points of contact related to any questions about the application process, charger procurement, installation, commissioning, activation, and ongoing operations and maintenance.

Please review all of the documents in this package carefully and let me know if you have any questions. The Project Description and the Terms and Conditions will, when signed on behalf of the Site Host, constitute a legally binding contract between the Site Host and PG&E. EV Charging Solutions, Inc will be the owner of the EVSE and PG&E’s customer of record for EVSE energy billing purposes. EV Charging Solutions, Inc must therefore review and sign this Contract. Please arrange for signature by that company.

After we receive your signed copy, we will introduce you to your PG&E Project Manager, who will lead you through the design and construction of the project. Please note this offer to participate in PG&E’s EV Fast Charge program will automatically expire and be deemed null and void if your signed Contract has not been received by PG&E on the date that is thirty (30) calendar days following the date of this letter set forth above.

Thank you for your participation in this exciting program! You are taking an important step to support California’s ambitious climate and air quality goals, and we appreciate that you’ve elected to work with PG&E to install charging stations at your site.

Sincerely,
Sam Piell
Program Manager – EV Fast Charge
[email protected]
510.890.5574
Cc: noodoeEV
Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105

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Part A: Project Description
Site Host Name and Contact
Information
Mike Malone
City of Vallejo
555 Santa Clara St
Vallejo, CA 94590
(707) 648-4576
[email protected]
Site Address(es) Chargers located at:
301 Virginia St
Vallejo, CA 94590
Is Site Host the owner or lessee
of the Site?
Owned
EVSE Package Supplier noodoeEV
EVSE Owner (billing customer
of record for EVSE energy
charges)
EV Charging Solutions, Inc
11800 Clark St
(626)289-8901
[email protected]
EVSE Service Commencement
Date
Within 60 days of completion of make-ready infrastructure as documented in project completion letter
Term 5 years from the date the EVSE becomes operational Contingencies As described below
DAC Rebate (estimate only, if
applicable)
Not Applicable
Other Incentives (estimate
only, if applicable)
Not Applicable
EVSE Information
Make Model of
Chargers # of
EVSEs
Power Level per EVSE
Tritium Veefil RTM50 4 50 kW
Capitalized terms are defined in Part B: Terms and Conditions.

Project Overview: Site Host has selected the fast charge package(s) described above for deployment at the above Sites. PG&E will design, construct, own and maintain an EV Service Connection and related EV Supply Infrastructure at those Sites. Site Host will contract directly with the EVSE Package Supplier to supply, install and provide operations and maintenance services for the EVSE Package(s).

Contingencies: Selection of sites for inclusion in PG&E’s EV Fast Charge program involves careful consideration of the project costs and total scope of work, including site conditions. A final decision to proceed with construction is dependent on satisfaction of the following contingencies. PG&E may remove a Site from the Fast Charge Program if any of these contingencies is not satisfied. If PG&E removes a Site, then this Contract will be deemed terminated with respect to that Site but will continue in force for other Sites (if any) described in the Project Description.

Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105

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• Easements. All required easements must be obtained from applicable landowners and third parties within 60 days after PG&E provides the easement documentation to Site Host. Refer to section 10 of the Terms and Conditions for details on how easements will be addressed. Note that PG&E may recover costs from Site Host if the project is removed from the EV Charge Program because easements cannot be obtained – refer to Section 10.
• Make-ready costs. PG&E reserves the right to remove a Site from the Fast Charge Program at the completion of the design and estimation stage if the estimated cost of EVSE Service Connection and EV Supply Infrastructure for that site, inclusive of easement costs (“make ready costs”) materially exceeds projected costs.

Timely Commencement of EVSE Service. This project is being subsidized by PG&E and California ratepayers in the expectation that Site Host will complete the installation process and make the EVSE fast charge service available to the public no later than the EVSE Service Commencement Date specified above. If this is not achieved, then, except in the case of a termination due to failure of a contingency (which are addressed in the paragraphs above), PG&E reserves the right to recover the fees and costs incurred by PG&E and its contractors after the execution of this Contract with respect to the affected Site(s) including, but not limited to, design cost, site walk costs, site preparation and construction costs. DAC Rebates, if applicable, will not be paid until after the EVSE service has commenced.

Site Host Acceptance. Site Host confirms its participation in PG&E’s EV Fast Charge Program and agrees to be bound by this Contract, including Part B: Terms and Conditions. By signing this Contract, Site Host is committing to deploy the number of charging ports and charger locations specified above and in the attached preliminary design, subject to the contingencies noted herein. If Site Host is also the EVSE Owner, then Site Host is responsible for both Site Host and EVSE Owner’s obligations under the Contract.

EVSE Owner Acceptance. If Site Host will not be the EVSE Owner, then EVSE Owner must sign this Contract.

By signing this Contract EVSE Owner confirms its participation in PG&E’s EV Fast Charge Program and agrees to be bound by this Contract, including Part B: Terms and Conditions. By signing this Contract, EVSE Owner is committing to deploy the number of charging ports and charger locations specified above and in the attached preliminary design, subject to the contingencies noted herein.

Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105

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EV Fast Charge Terms and Conditions
Part B: Termsand Conditions

1. EV Fast Charge Program Definitions

1.1 Disadvantaged Community (DAC) – Census tracts in PG&E’s electric service territory with a top quartile score according to California Environmental Protection Agency’s CalEnviroScreen 3.0, or current version.

1.2 DAC Adjacent – The area a half-mile around a DAC; it is not eligible for the DAC EVSE rebate, but is tracked for PG&E goals and reporting requirements.

1.3 EV Service Connection – Traditional utility infrastructure from the utility distribution system to the meter, which may include but is not limited to cable, conductors, conduit, transformers and associated substructures from the utility distribution system. Also referred to as “To the Meter” (TTM) infrastructure.

1.4 EV Supply Infrastructure – Infrastructure from the meter (but not including the meter) to the parking space, this may include an electrical panel, cable and conduit necessary to deliver power to the parking space, as well as any equipment mounting infrastructure (e.g., concrete pad, Unistrut, etc.). Also referred to as “Behind the Meter” (BTM) infrastructure.

1.5 EVSE – Electric vehicle supply equipment used for charging EVs. This includes all components of the power dispenser(s) and power cabinet(s) including conductors (ungrounded, grounded, and equipment grounding conductors), the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatuses installed specifically for the purpose of delivering energy from the premises wiring to the electric vehicle.

1.6 EVSE Package – EVSE hardware, software, and network services – from Suppliers for the EV Fast Charge Program.

1.7 EVSE Operations and Maintenance (O&M) – Services required to operate and maintain the EVSE including but not limited to network fees, replacement of parts and associated services necessary to keep the EVSE operational. EVSE O&M does not include maintenance and repair of the EV Service Connection and the EV Supply Infrastructure.

Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105

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EV Fast Charge Terms and Conditions

1.8 DAC Rebate – If the EVSE is located inside of a DAC then the EVSE Owner may be eligible to receive a Rebate. Review rebate information on www.pge.com/evfastcharge. Also refer to DAC Rebate eligibility conditions in Section 3 of the Terms and Conditions.

1.9 EVSE Owner – The entity that is responsible for paying the up front and ongoing costs associated with keeping the EVSE Package operational. The EVSE Owner may be the Site Host, an EVSP or a 3rd Party. The EVSE Owner is also the customer of record for PG&E for purposes of the EVSE and will be responsible for paying all electric bills associated with the EVSE’s operation under the selected PG&E Rate Plan. In general, the EVSE will be owned and maintained by the Site Host. In situations in which a Site Host does not own the EVSE(s), the EVSE Owner assumes the responsibilities of the Site Host under this Contract pertaining to operations, maintenance and data collection.

1.10 EVSP – Electric vehicle service provider is an entity that provides EVSE hardware and software to enable electric vehicle charging. Regardless of whether an EVSP is a party to this contract they are expected to have separate contractual relationships with customers that are complementary to those stated within this Contract.

1.11 PG&E – Pacific Gas and Electric Company.

1.12 Site(s)– the sites identified for the deployment of EVSE in PartA (Project Description).

1.13 Rate Plan – A retail energy rate plan offered by PG&E. EVSE Owner will be the PG&E customer of record and will be responsible for paying the PG&E bill associated with the EVSE. The EVSE Owner may enroll in any applicable PG&E rate plan based on their service use. Detail on PG&E rates and eligibility criteria can be found at www.pge.com/tariffs

1.14 Site Host –The Site Host owns or leases the Premises where the EVSE Packagesare installed.

2. Acknowledgement and Term: All parties hereto agree to abide by the terms and conditions of this Contract for participation in the EV Fast Charge Program (part of California Public Utilities Commission, or “CPUC”, Decision Number 18-05-040 issued May 31, 2018), including all requirements expressly incorporated by reference. The duration of this Contract (the “Term”) will commence on the date in which EVSE becomes operational and will continue in effect for the Term stated in Part A (Project Description) (unless otherwise earlier terminated pursuant to the terms herein). The EVSE will be deemed to be operational when both the EVSE commissioning is complete and the final inspection by Authority Having Jurisdiction has been passed (as shown by the date of the final inspection certificate).

3. DAC Rebate Conditions. If a Site is located in a Disadvantaged Community it may be eligible for a DAC Rebate, which is a direct reimbursement of 75% of the actual purchase and installation costs but capped at $25,000 per charger. The DAC Rebate will be paid to the EVSE Owner. Any estimate of the applicable rebate in Part A (Project Description) is indicative only and is subject to adjustment according to the following requirements:

3.1 The DAC Rebate is intended to contribute to the cost of the charger and installation, and is not to be used to cover the cost of ongoing operations and maintenance or other associated fees.

3.2 EVSE Owner may fund the remaining portion of the purchase and installation costs that are not funded by the DAC Rebate using other local, state or federal funded incentives relating to the EVSE or the provision of fast charge services at the Site (“Other Incentives”). However, if total value of the DAC Rebate and Other Incentives exceeds the actual purchase and installation cost, PG&E reserves the right to reduce the DAC Rebate on a dollar-for-dollar basis by the amount of the excess, and to recover such amount from the EVSE Owner if the Other Incentives are received or disclosed to PG&E after the DAC Rebate is paid. For example, assume total purchase and installation costs for 4 chargers is [4 x $20,000 = $80,000]. In that case the DAC Rebate would be $60,000. EVSE Owner may obtain Other Incentives to fund all or some portion of the remaining $20,000. However, if the Other Incentives totalled $30,000 then PG&E would Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105

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EV Fast Charge Terms and Conditions
reduce the DAC Rebate to $50,000 (and would claim a refund of $10,000 if the DAC Rebate had already been paid).

3.3 EVSE Owner is required to disclose all Other Incentives that are awarded in connection with this project before PG&E pays the DAC Rebate. Other Incentives must be disclosed as and when they are awarded, even if they are awarded after the date of this letter. PG&E will finalize the DAC Rebate calculation when the Other Incentives are finally determined.

3.4 The DAC Rebate for each charging station will be paid in one lump-sum payment within thirty (30) days after completion of the following with respect that charger: (1) proof of purchase or relevant documentation showing purchase of the designated number of qualified EVSE and documentation verifying the amount of any Other Incentives; (2) completion of PG&E’s inspection of the EVSE and the physical location, and (3) confirmation that the EVSE is operational.

4. Selection of Electric Vehicle Service Equipment Package: EVSE Owner may choose any EVSP from the list of qualified EVSPs, and any EVSE Package offered by that EVSP. It is the responsibility of the EVSE Owner to ensure that the selected EVSE Package is included in PG&E’s current list of EV Fast Charge Program qualified products. EVSE Owner acknowledges that PG&E makes no representations regarding manufacturers, dealers, contractors, materials or workmanship of the EVSE Package. Site Host and EVSE Owner agree that PG&E has no liability whatsoever concerning the quality and safety of the EVSE Package. EVSE Owner shall install, operate and maintain the number and type of EVSE Packages described in Part A (Project Description). In all cases, PG&E’s responsibility is limited to the EV Service Connection and the EV Supply Infrastructure. The cost of establishing the EV Service Connection and EV Supply Infrastructure will be borne by PG&E, except as stated in Part A (Project Description).

5. Additional Services from EVSP: The EVSP may offer and contract directly with the Site Host and/or EVSE Owner to provide additional or complementary services that are not described in Part A (Project Description), as long as these services do not materially interfere with the objectives of the EV Fast Charge Program. The costs of additional EVSP services (including any additional work required for the EV Service Connection or EV Service Infrastructure), and any cost related to O&M of any additional EVSP services, will not be borne by PG&E pursuant to this Contract.

6. InstallationProcess:

6.1 PG&E and/or its contractors shall, at PG&E’s sole cost and expense (except as stated in Part A (Project Description), if applicable), design and construct the EV Service Connection and EV Supply Infrastructure in compliance with the terms of this Contract, as well as all applicable local, state and federal laws and regulatory requirements.

6.2 Site Host is responsible for (i) providing or obtaining required easements (refer to section 11 below), and (ii) providing all disclosures regarding known conditions, including but not limited to hazardous or contaminated materials, located at the Site.

6.3 Arrangements for removal of any hazardous or contaminated materials, and any other environmental remediation, will be Site Host’s responsibility. If PG&E is to assume any responsibility for remediation of any of these conditions this must be expressly stated in Part A (Project Description) and will be limited to the responsibilities described therein.

6.4 EVSE Owner will be PG&E’s single point of contact for the EVSE installation project and is responsible for coordinating all communications among EVSE Owner, Site Host and relevant third parties with respect to the installation process, for securing required approvals with respect to preliminary and final designs.

6.5 A preliminary layout of proposed facilities will be provided by PG&E to EVSE Owner for Site Host and EVSE Owner review and approval; such approval will not unreasonably be withheld. After Site Host and EVSE Owner approval of the preliminary design, PG&E will coordinate with the EVSE Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105

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EV Fast Charge Terms and Conditions
Owner if there are any proposed material changes. A final design with no material changes from the agreed upon design, will be provided by PG&E to EVSE Owner prior to any installation activities. PG&E, Site Host, and EVSE Owner will approve final design prior to construction beginning. Once design is approved no material changes will be made without approval from PG&E, Site Host, and EVSE Owner.

6.6 An estimated installation schedule for the EV Supply Infrastructure shall be provided by PG&E after execution of any required easements and the approved building permit. Should the schedule require modification, PG&E shall notify EVSE Owner within a reasonable amount of time of such changes.

6.7 The EVSE Owner and/or its contractors shall install the EVSE, in compliance with the terms of this Contract, as well as all applicable local, state and federal laws and regulatory requirements. The EVSE Owner is responsible for all costs of the EVSE Package and its installation. PG&E will assess whether the installation complies with quality and safety standards before confirming project completion and delivering any applicable DAC Rebates.

6.8 Upon completion of installation of the EVSE, the EVSE Owner understands and acknowledges that EVSE Owner will be responsible for EVSE Operations and Maintenance.

7. EV Drivers Right to Access: Access to or use of the EVSE shall not be restricted for reasons including, but not limited to, race, color, religion, age, sex, national origin, ancestry, physical or mental disability, or any basis prohibited by applicable law. In addition, per the EV Fast Charge Program requirements, the EVSE shall be available to the public 24 hours per day, 7 days per week, except for emergencies, maintenance, and other reasonable planned outages. Access to EVSE parking spaces may not be restricted to customers of a specific business or restricted on any other basis, except to the extent reasonably necessary to provide reasonable general customer access to the EVSE and to the Site Host's facilities. Site host and EVSE Owner agree to have address and charger status listed on publicly availablemaps and databases.

8. Duty to Notify: Site Host warrants that it is the occupier of the Premises as an owner or tenant and has legal control of the Premises. Site Host has a duty to promptly notify PG&E when Site Host becomes aware of any unsafe, inoperable or damaged EV Service Connection or EV Supply Infrastructure equipment. In addition, Site Host and EVSE Owner shall promptly report all claims and/or incidents associated with the EV Service Connection or the EV Supply Infrastructure to PG&E or its designated representative(s), and shall promptly thereafter confirm in writing any injury, loss, or damage incurred by Site Host and/orEVSE Owner or any third party.

9. Accessibility Requirements: The installation of the EVSE and EV Service Connection is required to comply with the Americans with Disabilities Act (ADA) and California Building Standards. PG&E is responsible for the costs of complying with these standards as they relate to the installation of EVSE Service Connection and EV Supply Infrastructure. Site Host understands and accepts that such standards may impact parking layouts and reduce the number of non-accessible parking spaces available. Site Host understands and accepts that changes to initial design representations may occur during the design, construction and operational phases of the EVSE as may be dictated by design constraints, by law or regulation or by local jurisdictionalauthorities.

10. Easement Requirement:

10.1 An easement may be required to install and maintain the EV Service Connection and EV Supply Infrastructure. PG&E will use existing easements when possible to minimize encumbrances on the Site(s). If a new easement is required, access rights will follow standard utility requirements for providing electrical service. PG&E will determine if a new easement is required. PG&E will provide the easement documentation to Site Host for execution by the landowner and/or other relevant third parties such as secured lenders. If the EV Service Connection must cross property owned by Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105

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EV Fast Charge Terms and Conditions
a third party to serve Site Host, PG&E may, at its option, install such EV Service Connection after appropriate rights of way or easements, satisfactory to PG&E, are obtained.

10.2 PG&E will pay for the cost of surveying and drafting easement documentation. Site Host or the EVSE Owner will be responsible for any compensation payable to third party landowners or interest holders in consideration for the easement.

10.3 If the duly executed easement with applicable consents is not provided to PG&E’s satisfaction (based on standard utility requirements) within 60 days after PG&E provides the documentation to Site Host, or if Site Host or the EVSE Owner is not willing to pay any required third-party compensation, then PG&E may remove the affected Premises from the EV Fast Charge Program and recover project costs incurred by PG&E prior to the date of cancellation in connection with the removed Premises.

10.4 Upon termination of the Contract, PG&E shall, within thirty (30) days written demand therefor, execute and deliver to Site Host (or the relevant third party) a quitclaim of any easement granted pursuant to this Contract.

11. Access to Site Host’s Premises: PG&E shall at all times have the right to enter and leave the Site Host’s Premises for any purpose connected with the furnishing of electric service to the EV Supply Infrastructure and EV Service Connection (meter reading, inspection, testing, routine repairs, replacement, maintenance, vegetation management, emergency work, etc.) and the exercise of any and all rights secured to it by law, or under PG&E's applicable tariff schedules. Except in emergencies, PG&E shall use best efforts to provide Site Host/EVSE Owner with advance notice of work that is likely to affect access to or use of the Site, consistent with PG&E’s standard utility practices. If Site Host does not grant PG&E reasonable access to the Premises, then PG&E may, consistent with PG&E’s standard utility practices, deenergize the EV Supply Infrastructure or EV Service Connection untilaccess is granted.

12. EVSE Operation and Maintenance: The EVSE Owner is required to operate and maintain the EVSE for the Term of this Contract. EVSE Owner will pay all O&M costs associated with the EVSE. EVSE Owner shall maintain 24x7 uptime and public availability of the EVSE, except for service interruptions as permitted herein. Site Host shall maintain the common area improvements immediately surrounding the EVSE in good and safe condition. Such maintenance by Site Host of the immediately surrounding common areas shall include, but not be limited to, pavement maintenance and snow removal services.

13. Billing: EVSE Owner will be the PG&E customer of record for the EVSE and will be served an applicable rate. As the customer of record, EVSE Owner will be responsible for paying the PG&E bill associated with the EVSE.

14. Changing Rate Plan: EVSE owner may change Rate Plan during the Term, but must remain on a retail PG&E rate for the duration of the Term. If EVSE owner switches to a non-retail PG&E rate (e.g., a wholesale tariff) during the Term, Site Host shall bear the full cost and sole expense, as circumstances may dictate, for losses incurred by PG&E on behalf of ratepayers, such as pro-rated costs of equipment, site design and installation.

15. Reliability: PG&E does not guarantee uninterrupted service. At its own expense, EVSE Owner may pursue options to ensure that any impact to operations from potential loss of power is sufficiently mitigated.

16. Changes to EVSE.

16.1 Replacement: Site Host may replace EVSE during the Term. Site Host must notify PG&E ahead of replacement to ensure the EV Service Infrastructure can accommodate the additional load and new EVSE complies with necessary CPUC requirements for the EV Fast Charge Program. If adequate infrastructure does not exist, Site Host must request increased capacity in accordance with the provisions of CPUC filed tariffs such as Electric Rule 16. Any replacements will be at Site Host’s expense and its liability.

Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105

Page 9 of 12 ends

EV Fast Charge Terms and Conditions

16.2 Relocations: Should Site Host or EVSE Owner request relocation of EVSE or parts thereof at any point in time, such relocation shall be permutually agreeable terms and shall be at sole expense of the party making the request and in accordance with any EV Fast Charge Program requirements, laws, regulations or other applicable jurisdictional requirements. Additionally, if requested by PG&E, Site Host shall either amend the Easement to include the legal description of the new location or enter into a new Easement with PG&E.

16.3 Expansion: Site Host must coordinate with PG&E prior to expansion of chargers or charger capacity. any installations or related work performed outside of the initial EV Fast Charge program will be atSite Host’s expense and liability.

17. Permission to Use Data: EVSE Owner and Site Host agree to allow PG&E, its agents and representatives to access and use data gathered as part of the EV Fast Charge Program (including usage data from the EVSE and EVSE performance data supplied directly to PG&E from the EVSP) (“Usage Data”) for PG&E’s internal use, for the enhancement of the EV Fast Charge Program and similar programs and for regulatory reporting purposes, and all such use shall be in accordance with applicable laws and regulations. If Site Host or the EVSE Owner do not control access to Usage Data, EVSE Owner will direct the person who controls such access to make Usage Data available to PG&E in a file format reasonably acceptable to PG&E and consistent with regulatory reporting requirements. All data shallbe anonymized before it is provided to PG&E.

18. Representations: Site Host and EVSE Owner understand that participation in PG&E’s EV Fast Charge Program shall not be construed as creating any agency, partnership, or other form of joint enterprise between the Site Host, EVSE Owner, PG&E, or their affiliates, contractors, vendors, representatives or designees nor create any obligations or responsibilities on their behalf except as may be expressly granted in writing, nor make any representations of any kind to this effect. Site Host represents and warrants that it is either (i) the fee title owner of the Premises and has the right to grant the easement and other rights of access referred to in this Contract, or (ii) it is the lessee of the Premises and, subject to obtaining an easement from the landlord as described in this Contract, has the power, authority and capacity to bind itself to undertake the EV Fast Charge Program terms and conditions and to perform each and every obligation required of Site Host.

19. Regulatory Changes: PG&E may initiate changes to the EV Fast Charge Program as necessary to comply with CPUC directives. PG&E shall endeavor to provide Site Host and EVSEOwner with advance notice of any such changes.

20. Compliance with Laws: All parties shall comply with all applicable federal, state, and local statutes, rules, regulations, laws, orders and decisions that relate to or govern its participation in the EV Fast Charge Program and/or a party’s interactions with customers in connection with the EV Fast Charge Program, including operation of the EVSE.

21. PG&E Termination or Suspension: PG&E may terminate, or for any duration suspend, Site Host’s or EVSE Owner’s participation in the EV Fast Charge Program, or operation of EVSE to comply with regulatory mandates or for cause including but not limited to: failure to provide or maintain terms of easement, breach of this Contract, failure to abide by EV Fast Charge Program terms and conditions, permitting issues, exceptional installation costs, environmental concerns, or any other material reason(s) not in the best interests of the EV Fast Charge Program or PG&E’s ratepayers.

22. Assignment in Connection with Site Transfer. Site Host and/or EVSE Owner may assign its rights and obligations under this Contract to a purchaser or acquiror of the Site in connection with the sale or transfer of the Site, by giving PG&E written notice within 30 days after the assignment occurs. A party’s rights under this Contract are not otherwise assignable.

23. Early Removal, Termination or Cessation of EVSE Service: Should Site Host or EVSE Owner request removal of EV Supply Infrastructure or termination of an EV Service Connection before the end of the Term (an “Early Termination”), the Site Host or EVSE Owner who requests removal shall bear full Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105

Page 10 of 12 ends

EV Fast Charge Terms and Conditions
cost and sole expense of such removal. In addition, if there is an Early Termination or if the EVSE Owner ceases to make EVSE publicly available as required by this Contract before the end of the Term, then the EVSE Owner will pay PG&E the actual costs, as circumstances may dictate, for losses incurred by PG&E on behalf of ratepayers, such as pro-rated costs of equipment, site design and installation. Site Host or EVSE Owner may, at any time within the Term request from PG&E projected and final costs associated with such a removal request. Upon such Early Termination or cessation of service, the EVSE Ownermay elect option 2 (but not option 1) in the “End of Term”paragraph below.

24. End ofTerm: At the end of the Term, the Site Host / EVSE Owner will have the following options;

24.1 Continue to operate the EVSE, in which case PG&E will, at its option, either:

24.1.1 Transfer ownership of the EV Supply Infrastructure to the Site Host and provide a quitclaim for the associated easement for a nominal fee, in which case PG&E will have no further obligations with respect to the EV Supply Infrastructure, and electrical service for the EV Service Connection will be provided in accordance with PG&E’s standard utility practices and applicable tariffs; or

24.1.2 Continue to operate and support the EV Supply Infrastructure in which case PG&E may charge an annualmaintenance fee and the easement will remain in place.

24.1.3 In either case, Site Host/EVSE Owner shall have no further obligations to PG&E under this Contract except for the indemnity set forth below.

24.2 Abandon the EV Supply Infrastructure in place. PG&E delivers quitclaim for easement and easement is removed by Site Host. PG&E has no further obligations with respect to the abandoned Service Connection and EV Supply Infrastructure.

25. Indemnity: Site Host and EVSE Owner (each an “Indemnitor”) shall indemnify, hold harmless and defend PG&E, its affiliates, subsidiaries, parent company, officers, managers, directors, agents, and employees, from and against all claims, demands, losses, damages, costs, expenses, and liability (legal, contractual, or otherwise), which arise from or are in any way connected with any: (i) injury to or death of persons, including but not limited to employees of PG&E or Indemnitor; (ii) injury to property or other interests of PG&E, Indemnitor, or any third party; (iii) violation of a local, state, or federal common law, statute or regulation, including but not limited to environmental laws or regulations; (iv) strict liability imposed by any law or regulation; so long as such injury, violation, or strict liability (as set forth in (i) - (iv) above) arises from or is in any way connected with Indemnitor’s performance of, or failure to perform, this Contract. This indemnification obligation shall not apply to the extent that such injury, loss or damage is caused by the negligence or willful misconduct of PG&E, its officers, managers, or employees.

Indemnitor shall, on PG&E's request, defend any action, claim, or suit asserting a claim which might be covered by this indemnity, using counsel acceptable to PG&E. Indemnitor shall pay all costs and expenses that may be incurred by PG&E in enforcing this indemnity, including reasonable attorney's fees. To the extent necessary, each Party was represented by counsel in the negotiation and execution of this Contract.

26. Insurance Requirements:Site Host shall procure, carry and maintain the following insurance coverage:

26.1 General Liability Insurance. The limit shall not be less than Two Million Dollars ($2,000,000) each occurrence for bodily injury, property damage and personal injury. Coverage shall: a) By "Additional Insured" endorsement add as insureds PG&E, its directors, officers, agents and employees with respect to liability arising out of work performed by or for the ‘Site Host’; b) Be endorsed to specify that the ‘Site Host’ insurance is primary and that any insurance or selfinsurance maintained by PG&E shall not contribute with it.

26.2 Property Insurance - Covering against all risks of physical loss or damage to EVSE with limits equivalent to the replacement cost of the EVSE.

Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105

Page 11 of 12 ends

EV Fast Charge Terms and Conditions

26.3 AdditionalInsurance Provisions.

26.3.1 In the event that Site Host does not own the EVSE, Site Host shall ensure that EVSE Owner carries comparable insurance to that required of Site Host under this Agreement.

26.3.2 Before commencing performance of work under this Agreement, Site Host and/or EVSE Owner shall furnish PG&E with certificates of insurance and endorsements of all required insurance. PG&E may inspect the original policies at any time.

26.3.3 Upon request, Site Host and/or EVSE Owner shall furnish PG&E evidence of insurance for agents or contractors hired to perform installation orO&Mof the EVSE.

27. Casualty: If all or any portion of the EVSE on the Site are damaged or destroyed by fire or other casualty which reasonably materially and adversely affects the operation of the EVSE (any, a “Casualty”), and if Site Host elects not to repair or replace the affected EVSE, then Site Host and EVSE Owner shall have the right to terminate the Contract by written notice to PG&E in which event the Contract shall terminate on the date that is 10 days after the date of the relevant party’s termination notice.

28. Dispute Resolution: This Contract, and any and all disputes arising out of or relating to this Contract, shall be governed by and construed under the laws of the State of California, without reference to its conflicts of law provisions. If a dispute arises with respect to this Contract or performance hereunder, a party may request mediation by written notice to the other Party. The mediation shall be conducted by a mutually-agreeable mediator with appropriate experience. Allnegotiations and any mediation conducted pursuant to this provision are confidential and shall be treated as compromise and settlement negotiations, to which Section 1119 of the California Evidence Code shall apply, and Section 1119 is incorporated herein by reference. In the event that mediation fails to resolve such dispute, the parties retain all rights and defenses with respect to such dispute. Any proceeding related to this Contract or a party’s performance or non-performance hereunder will be instituted and maintained exclusively in the federal or state courts sitting in the City and County of San Francisco, and each party irrevocably submits to the exclusive jurisdiction of those courts.

29. No Partnership: This Contract shall not be construed as creating a partnership, joint venture, agency relationship, franchise or association, nor shall this Contract render PG&E and Site Host or EVSE Owner liable as partners, co-venturers or principals.

30. Enforceability: If any of the provisions, or application of any of the provisions, of this Contract are held to be illegal or invalid by a court of competent jurisdiction or arbitrator/mediator, all impacted Parties shall negotiate an equitable adjustment in the provisions of this Contract with a view toward effectuating the purpose of this Contract. The illegality or invalidity of any of the provisions, or application of any of the provisions, of this Contract will not affect the legality or enforceability of the remaining provisions or application of any of the provisions of the Contract.

31. Integration: This Contract, including all items incorporated herein by reference, constitutes the entire agreement and understanding between the Parties as to the subject matter of the Contract. It supersedes all prior or contemporaneous agreements, commitments, representations, writings, and discussions between parties, whether oral or written, express or implied, that relate in any way to the subject matter of this Contract. This Contract has been induced by no representations, statements or agreements other than those expressed herein. Neither party shall be bound by any prior or contemporaneous obligations, conditions, warranties or representations with respect to the subject matter of this Contract.

32. Survival: The provisions of this Contract which by their nature should survive expiration, cancellation or other termination of this Contract, including but not limited to provisions regarding warranty, indemnity, Clean Energy Transportation
Pacific Gas and Electric Company
77 Beale Street
San Francisco, CA 94105

Page 12 of 12 ends

EV Fast Charge Terms and Conditions
insurance, confidentiality, document retention, business ethics and availability of information, shall survive such expiration, cancellation or other termination.

33. Notices: Any and all notices shall be in writing and addressed to the parties at the addresses specified below or such other addresses as either party may direct by notice given in accordance with this section, and shall be delivered in one of the following manners: (i) by personal delivery, in which case notice shall be deemed to have been duly given when delivered; (ii) by certified mail, return receipt requested, with postage prepaid, in which case notice shall be deemed to have been duly given on the date indicated on the return receipt; or (iii) by reputable delivery service (including by way of example and not limitation Federal Express, UPS and DHL) which makes a record of the date and time of delivery, in which case notice shall be deemed to have been duly given on the date indicated on the delivery service’s record of delivery.

33.1 Notices to PG&E shall be sent to:

PacificGas and Electric Company
Attn: EV Fast Charge Program Manager
77 Beale St
San Francisco, CA 94105
Email Address: [email protected]

33.2 Notices to Site Host and/or the EVSE Owner shall be sent to the applicable address and addressee shown in Part A (Project Description).

The Parties have executed this Contract on the dates indicated below, to be effective upon the laterdate.

City of Vallejo EV Charging Solutions, Inc

PACIFIC GAS AND ELECTRIC COMPANY
Company Name (Site Host) Company Name (EVSE Owner)
Signature Signature Signature
Print Name Print Name Print Name
Title Title Title
Date Date Date
2 SETS OF
3-1/0AL EPR
IN 1-4" DUCT
EXISTING #5 BOX
PROPOSED 800A

SWITCHGEAR

PROPOSED

WHEELSTOP
(TYP)

PROPOSED

STRIPING (TYP)

PROPERTY
LINE
PROPOSED SYMBOL LEGEND:

TTM BOLLARD

BTM WHEELSTOP

ELECTRIC VEHICLE SINGLE PORT

PEDESTAL CHARGER

BTM SWITCHGEAR

PG&E PAD MOUNT TRANSFORMER

TTM UNDERGROUND CONDUIT LINE

BTM UNDERGROUND CONDUIT LINE

LIMITS OF WORK

ADA STRIPE
1-750AL QPX IN 2-5"

DUCT (CABLE PROVIDED
FOR 400A ACTUAL LOAD)
150KVA

PADMOUNT

TRANSFORMER

EXISTING STORM

DRAIN GRATE
NOTES:

EXISTING

STRIPING (TYP)

LIMITS OF
WORK

ACCESSIBLE ROUTE
STRIPE

ASPHALT CONCRETE PAVEMENT

CONCRETE

1. THE SITE IS LOCATED IN FLOOD HAZARD ZONE X.

2. EVSE LAYOUT BASED ON USE OF SINGLE PORT STYLE CHARGERS 0 5 10 20 40

SCALE IN FEET

4. PROPOSED SERVICE PANEL IS 100% RATED. SEE SINGLE LINE FOR MORE INFORMATION.

5. THE SITE IS FUTURE PROOFED FOR 150KW MAKE READY.
*LINEAR FOOTAGE QUANTITIES INCLUDE VERTICAL TRAVEL

CONSULTANT PG&E DC FAST CHARGE PROGRAM
DCFC003591100 CITY OF VALLEJO
301 VIRGINIA STREET, VALLEJO, CA 94590
DR. BY
CH. BY
DATE
MDV
CRB 01-25-2022
SHEET NO. 1
Drawing: P:\220-0152\Site\_2021 Q4 Sites\STA (301 Virginia St.)_DCFC003591100\Preliminary Design\CAD files\City of Vallejo (301 Virginia St.)_DCFC003591100_PD.dwg; Layout1 Plot by: cburger Jan 25, 2022 - 4:52pm PRELIMINARY DESIGN SCALE: AS NOTED OF 2 SHEETS
4'

BILL OF MATERIALS

ITEM UNIT QUANTITY
TTM 150KVA, 480/277V, PAD MOUNT
TRANSFORMER EACH 1
BTM 800A, 480/277V, 3Ø, SWITCHGEAR
- PEDESTAL MOUNT EACH 1
BTM 1" PVC CONDUIT LF 175
BTM 2" PVC CONDUIT LF 15
BTM 3" PVC CONDUIT LF 155
TTM 4" PVC CONDUIT LF 90
TTM 5" PVC CONDUIT LF 55
BTM (3) #3 AWG THWN-2 CU + (1) #3
AWG THWN-2 CU EGC LF 220
BTM (2) #12 AWG THWN-2 CU + (1) #12
AWG THWN-2 CU EGC LF 200
TTM 750AL QPX LF 40
TTM 1/0AL EPR LF 455
TTM 36" WIDE OPEN CUT TRENCH -
HARDSCAPE LF 35
TTM 36" WIDE OPEN CUT TRENCH -
SOFTSCAPE LF 40
BTM 24" WIDE OPEN CUT TRENCH -
HARDSCAPE LF 45
BTM 24" WIDE OPEN CUT TRENCH -
SOFTSCAPE LF 10
BTM RESTORE ASPHALT PAVEMENT SF 90
TTM RESTORE CONCRETE SF 95
TTM RESTORE SOFTSCAPE SF 120
BTM RESTORE SOFTSCAPE SF 15

BTM REGRADE PARKING STALLS
(ASPHALT) SF 485
BTM CONCRETE WHEEL STOP EACH 4
TTM BOLLARD EACH 4
BTM ADA STRIPING EACH 1
BTM STRIPING EACH 3
BTM EQUIPMENT FOUNDATION SF 60
BTM EV CHARGER FOUNDATION EACH 4
NOTE: ALL QUANTITIES ARE ESTIMATED AND SHOULD BE

VERIFIED BY THE CONTRACTOR

STALL AND STATION COUNT

IMPACTED EXISTING QUANTITY
STANDARD STALLS 5
TOTAL 5

PROPOSED EV CHARGING QUANTITY
VAN ACCESSIBLE STALLS 1
STANDARD STALLS 3
TOTAL 4

EV CHARGING STATIONS QUANTITY
DCFC (50KW NOMINAL / 55KW ACTUAL) SINGLE PORT -
PEDESTAL MOUNT 4
TOTAL 4

ANTICIPATED LOAD TOTAL KW
TRITIUM VEEFIL @ 55 KW (ACTUAL LOAD) 220
FUTURE CHARGER @ 150KW (FUTURE LOAD) 600

PULL SECTION CT

METERING
SECTION (NEMA 3R)
SERVICE CT METER AND MAIN SWITCHBOARD (480V SECTION), SWITCHBOARD (208V SECTION), 800 AMP BUS, 800 AMP MAIN, 100% RATED NEW INTERNAL 20 AMP BUS, 20 AMP MAIN, 480Y/277V, 3Ø, 4W, 50 kAIC MINIMUM STEP DOWN 208Y/120V, 3Ø, 4W, 10 kAIC MINIMUM

TRANSFORMER

LANDING

NEW UTILITY LUGS (TYP)

TRANSFORMER M
(kVA RATING PER 1 4 1 4

PG&E) MAIN
MAIN Δ Y
90A 90A 15A 5kVA, 20A 15A 15A
3P 3P 3P 480-208Y/120V 3P 1P 1P
3Ø, 4W (NEMA 3R)
800A
3P
(100% RATED)
Δ Y
12kV 150kVA,
480Y/277V, 3Ø, 4W
3" U.G. PVC TO TRANSITION 1" U.G. PVC WITH
TO 2" U.G. PVC WITH (2) #12 Cu AND
(3) #3 Cu AND TO EVSE-1 TO EVSE-4 (1) #12 Cu GND TO EVSE-1 TO EVSE-4 (1) #3 Cu GND CHARGE PORT 1 CHARGE PORT 4 (TYP FOR EVSE-1 CHARGE PORT 1 CHARGE PORT 4 (TYP FOR EVSE-1 (66.2 FLA) (66.2 FLA) THROUGH EVSE-4) (2.1 FLA) (2.1 FLA) THROUGH EVSE-4)
NOTES:

1. TOTAL CONNECTED 3-PH KVA: 221 KVA AT UNITY PF.

2. STANDARD RATED SERVICE PANELS, OVER CURRENT PROTECTION DEVICES AND WIRE SIZES BASED ON CEC/NEC REQUIREMENTS AT 125% CONTINUOUS LOAD. 100% RATED SERVICE PANELS, OVER CURRENT PROTECTION DEVICES AND WIRE SIZES BASED ON CEC/NEC REQUIREMENTS AT 100% CONTINUOUS LOAD.

3. TRANSFORMER LOADING BASED ON KVA REQUIREMENTS OF CHARGER AT UNITY PF PER PG&E (55.25 KVA / CHARGER).

4. # , INDIVIDUAL CHARGE PORT NUMBER. THIS IS NOT BREAKER SPACE OR EVSE NUMBER.

5. # # , INDIVIDUAL CHARGE PORT NUMBER TYPICAL FOR PORTS # THROUGH # .

6. PER NEC 210.19 (A) INFORMATIONAL NOTE #4, "CONDUCTORS FOR BRANCH CIRCUITS AS DEFINED IN ARTICLE 100, SIZED TO PREVENT A VOLTAGE DROP EXCEEDING 3

PERCENT AT THE FARTHEST OUTLET OF POWER, HEATING, AND LIGHTING LOADS,

OR COMBINATION OF SUCH LOADS, AND WHERE THE MAXIMUM TOTAL VOLTAGE

DROP ON BOTH FEEDERS AND BRANCH CIRCUITS TO THE FARTHEST OUTLET DOES NOT EXCEED 5%."

7. ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE) CAN BE DUAL CHARGE OR

SINGLE CHARGE PORT DEPENDANT ON LOCATION SEE CONCEPTUAL PLAN AND SINGLE LINE FOR NUMBER OF CHARGE PORTS.

8. MAXIMUM VOLTAGE DROP FOR CONDUCTORS: #3 WIRE = 1.2%

9. DIAGRAM ASSUMES CHARGER AND CONTROLLER ARE ONE (1) SELF CONTAINED UNIT.

CONSULTANT PG&E DC FAST CHARGE PROGRAM
DCFC003591100 CITY OF VALLEJO
301 VIRGINIA STREET, VALLEJO, CA 94590

SINGLE LINE DIAGRAM
DR. BY MDV
CH. BY DR
DATE 01-25-2022
SCALE: AS NOTED
SHEET NO. 2
OF 2 SHEETS
Drawing: P:\220-0152\Site\_2021 Q4 Sites\STA (301 Virginia St.)_DCFC003591100\Preliminary Design\CAD files\DCFC003591100_Preliminary_11x17_SLD.dwg; FUTURE SLD Plot by: mvang Jan 21, 2022 - 1:39pm Distribution and EV Charging Easement (Rev.10/17)
RECORDING REQUESTED BY AND RETURN TO:

PACIFIC GAS AND ELECTRIC COMPANY
Land Services Office

ADDRESS
Location: City/Uninc______________________
Recording Fee $_____________________________
Document Transfer Tax $ __________
[ ] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
Signature of declarant or agent determining tax (SPACE ABOVE FOR RECORDER'S USE ONLY) LD# EASEMENT DEED

NAME OF GRANTOR (SITE HOST),
hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee, the right from time to time to construct, reconstruct, install, inspect, maintain, replace, remove, and use facilities of the type hereinafter specified, together with a right of way therefor, within the easement area as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of Grantor situate in the ( PG&E INSERT CITY/TOWN) County of _________, State of California, described as follows:
(APN __________)
(PG&E INSERTS LAND DESCRIPTION)
Said facilities and easement area are described as follows:

Such underground conduits, pipes, manholes, service boxes, wires, cables, and electrical conductors; aboveground marker posts, risers, and service pedestals; underground and aboveground switches, fuses, terminals, and transformers with associated concrete pads; electric vehicle charging supply equipment, bollards and/or curbs or other associated safety equipment, associated signage; and fixtures and appurtenances necessary to any and all thereof, as Grantee deems necessary for the distribution of electric energy and communication purposes located within the strip(s) of land of the uniform width of 10 feet, lying 5 feet on each side of the alignment of the facilities as initially installed hereunder. The approximate location of said facilities are shown upon Grantee’s Drawing Number (PG&E INSERTS DRAWING NUMBER)___________ attached hereto and made a part hereof.

Grantee agrees that on receiving a request in writing, it will at Grantor’s expense, survey, prepare and record a “Notice of Final Description” referring to this instrument and setting forth a description of said strip(s) of land.

Distribution and EV Charging Easement (Rev.11/16)
Grantor further grants to Grantee the right, from time to time, to trim or to cut down any and all trees and brush now or hereafter within said easement area, and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations.

Grantor shall not erect or construct any building or other structure or drill or operate any well within said easement area.

Grantor further grants to Grantee the right to assign to another public utility as defined in Section 216 of the California Public Utilities Code the right to install, inspect, maintain, replace, remove and use communications facilities within said easement area (including ingress thereto and egress therefrom).

In the event upon termination of the electric vehicle charging station contract as set forth in said terms and conditions, Grantee shall upon written demand therefor execute and deliver to Grantor a good and sufficient quitclaim of said easement and right of way or such portion thereof conveyed in this document, at Grantor’s expense.

The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto.

In exercising its easement rights hereunder, Grantee shall not unreasonably interfere with, disrupt, or materially adversely affect Grantor’s business operations or access rights at the property owned by Grantor.

Dated: __________________, _______.
_________________________________
Name of Grantor
__________________________________
Name of Grantor
Attach to LD
The Area and Division:

Distribution and EV Charging Easement (Rev.11/16)
Land Service Office:

Operating Department:

USGS location (MERIDIAN and T, R, S, & QQ)
FERC License Number(s):

PG&E Drawing Number(s):

PLAT NO.:

LD of any affected documents:

LD of any Cross-referenced documents:

TYPE OF INTEREST:

SBE Parcel Number:
(For Quitclaims, % being quitclaimed):

Order # or PM # (with Operations #, if applicable):

JCN:

County:

Utility Notice Numbers:
851 Approval Application No. Decision
Prepared By:

Checked By:

Approved By: Initials of Senior Land Agent (Date)
Revised By: Initials (Date)
Distribution and EV Charging Easement (Rev.11/16)
.

State of California
County of )
On __________________________, before me, ,

Here insert name and title of the officer
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.
(Seal)
Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s) [ ] Other
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

CONSENT CALENDAR 8.F.

DATE: April 12, 2022
TO: Mayor and Members of the City Council
FROM: Gillian Hayes, Interim Assistant City Manager
SUBJECT: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN COMMUNITY

ACTION PARTNERSHIP OF SOLANO, JOINT POWERS AUTHORITY AND SOLANO

COUNTY, BENICIA, FAIRFIELD, RIO VISTA, SUISUN CITY, VALLEJO, AND VACAVILLE

TO SUPPORT THE COORDINATED ENTRY SYSTEM ADDRESSING HOMELESSNESS FROM JUNE 1, 2022 THROUGH MAY 31, 2025

RECOMMENDATION
Adopt the resolution for the City of Vallejo approving the Memorandum of Understanding between Community Action Partnership of Solano, Joint Powers Authority and Solano County, Benicia, Fairfield, Rio Vista, Suisun City, Vallejo, and Vacaville to support the coordinated entry system addressing homelessness from June 1, 2022 through May 31, 2025.

REASONS FOR RECOMMENDATION
The City Council is being asked to approve the attached Memorandum of Understanding (MOU) by and between the Community Action Partnership of Solano, Joint Powers Authority (CAP Solano JPA), Solano County, and the Cities of Benicia, Fairfield, Rio Vista, Suisun City, Vallejo, and Vacaville to support the coordinated entry system addressing homelessness from June 1, 2022 through May 31, 2022.

BACKGROUND AND DISCUSSION
The Solano Safety Net Consortium was established in 1999 through a joint powers agreement. The Consortium changed its name to Community Action Partnership of Solano (CAP Solano, JPA) in 2008. The CAP Solano, JPA’s purpose is to create a collaborative group of local governments that work with local agencies to end poverty and homelessness county-wide. Current members include Solano County, Benicia, Fairfield, Rio Vista, Suisun City, Vacaville, and the City of Vallejo. The City of Vacaville staff serves as the appointed Board member.

In 2017, CAP Solano JPA produced a 5-year regional strategic plan, “Neighbors Helping Neighbors: Forward Together,” to respond to homelessness in Solano County. The goals in the plan include: improving system navigation, increasing the supply of affordable housing, and strengthening support systems to help residents maintain housing. In 2018, CAP Solano JPA began work to improve system navigation with grant funds from the U.S. Department of Housing and Urban Development (HUD), known as a “coordinated entry system.” CAP Solano JPA conducted a Request for Proposal process and contracted with Caminar, a local nonprofit, to operate the county-wide system named Resource Connect Solano (RCS). At the time, RCS had 3.5 full-time equivalent (FTE) outreach workers to meet with, assess, and assist the homeless population countywide. The City of Vallejo has been a part of the CAP Solano JPA since its inception in 1999 for 23 years.

It is important to note that implementation of a coordinated entry system is required by HUD and the State of California for CAP Solano JPA to access various grants addressing poverty and homelessness. During the current MOU period, social service agencies throughout Solano County and CAP Solano JPA were able to access approximately $8.5 million in grants that required a coordinated entry system to be eligible for funds.

Date: April 12, 2022
Subject: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN COMMUNITY

ACTION PARTNERSHIP OF SOLANO, JOINT POWERS AUTHORITY AND SOLANO

COUNTY, BENICIA, FAIRFIELD, RIO VISTA, SUISUN CITY, VALLEJO, AND

VACAVILLE TO SUPPORT THE COORDINATED ENTRY SYSTEM ADDRESSING HOMELESSNESS FROM JUNE 1, 2022 THROUGH MAY 31, 2025

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Each year, Resource Connect Solano (RCS) provides an annual report to CAP Solano JPA on the effectiveness of the coordinated entry system. During the current MOU period, RCS reported the following outcomes:

Households Served - 1,857
Vallejo Fairfield Vacaville Dixon Suisun Not
Reported
Outside
of
Solano
County
Benicia Rio
Vista
Other
Within
Solano
County
By
City
955 633 136 42 40 23 11 10 5 2
Exits - 491
Permanent
Housing
Not
Reported
Other Transitional
Housing
Deceased Residential
Program
Institutional
Setting
Substance
Use
Treatment
By
Type
365 50 20 19 17 8 7 5
Should all participating agencies approve the proposed successor MOU and continue participation, RCS will be able to continue its standardized approach to comprehensively assess the housing and service needs of those experiencing homelessness throughout Solano County and refer them to appropriate available resources needed to end their homelessness.

Solano County’s contribution towards the MOU was determined with the original MOU and is now $231,853 for the current three-year MOU term. The remaining cost is split among each of the participating cities based on population. The cost to the City of Vallejo for the upcoming three-year MOU term is $227,325, Year 1:
73,547, Year 2: 75,753, and Year 3: 78,025. Refer to page 20 of Attachment 1, Section II. Method of Payment.

This MOU includes a 3% increase each year to account for cost-of-living adjustments for coordinated entry staff.

Staff recommend that the City Council approve the MOU and authorize the City Manager to execute and implement the MOU.

FISCAL IMPACT
A total amount of $227,325 to be paid over a three-year term of June 1, 2022 - May 31, 2025.

Funding Source: Professional Services / Homelessness
The first year cost of $73,547 has already been included in the Professional Services / Homelessness fiscal year 2022 approved budget. Years two and three ($75,753 and $78,025 respectively) will be reflected in future Professional Services / Homelessness budget.

Date: April 12, 2022
Subject: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN COMMUNITY

ACTION PARTNERSHIP OF SOLANO, JOINT POWERS AUTHORITY AND SOLANO

COUNTY, BENICIA, FAIRFIELD, RIO VISTA, SUISUN CITY, VALLEJO, AND

VACAVILLE TO SUPPORT THE COORDINATED ENTRY SYSTEM ADDRESSING HOMELESSNESS FROM JUNE 1, 2022 THROUGH MAY 31, 2025

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Vallejo City CouncilApril 12, 2022

Vallejo City Council
April 12, 2022