Agenda packet — Vallejo City Council, April 26, 2022 (part 2 of 3)

various plan rooms and posted on the City's bid solicitation website through Planet Bids, an electronic bid management site. On April 8, 2020, sealed bids were opened and read aloud by the City Engineer. The lowest responsive and responsible bidder was Resource Environmental, Inc., of Cerritos, California, in the amount of $85,500. On November 5, 2020, since the contract was for less than $100,000, a contract between the City and Resource Environmental, Inc., was executed by the City Manager in the amount of $85,500.00.

Demolition began May 17, 2021, and the project is substantially complete as of November 1, 2021. During the course of demolition, additional hazardous materials were discovered in one of the buildings and needed to be removed. In addition, a fire in one of the buildings produced debris that had to be treated as hazardous material. The Contractor was directed to proceed with these changes to the contract to avoid any delays to the project.

The final contract amount is estimated to be $140,000. The Contractor has one more minor work item to complete.

FISCAL IMPACT
The total cost for the project, in the amount of $259,301, was paid for by the Housing and Public Works Department's current / existing budget.The budget for this project is listed below.

Funding Source Project Budget Expenditures
Housing Fund 101 - CDBG
Community Development $259,301
Pre-Construction / Design ($ 27,786)
Construction (Resource Environmental) ($140,000)
Construction Management & Inspection ($ 68,345)
Environmental Monitoring (Ninyo & Moore) ($ 23,070)
TOTAL $259,301 ($259,301)

ENVIRONMENTAL REVIEW
Demolition of the two buildings of Sacramento Street as described herein is exempt from the California Environmental Quality Act (CEQA) because it is a specific action necessary to prevent or mitigate an emergency with a high probability of occurrence in the short-term, pursuant to CEQA Guidelines Section 15269(c). The buildings pose an immediate danger to public health and safety due to dangerous and unsecured structures, acts of arson, illicit activity, including drug use, and unsanitary conditions from transient encampments.

Date: April 26, 2022
Subject: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

CONTRACT CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH RESOURCE ENVIRONMENTAL, INC. INCREASING THE CONTRACT AMOUNT TO $140,000 AND ACCEPTING THE 2118 AND 2134/2136 SACRAMENTO STREET

ABATEMENT AND DEMOLITION PROJECT

Page 3 ends

ATTACHMENTS

1. RESO Accept 2118 2134-36 Sac St Demo

CONTACT
Melissa L. Tigbao, Acting Public Works Director, (707) 648-4085 [email protected]
RESOLUTION NO. 22-______

ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

CONTRACT CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH RESOURCE ENVIRONMENTAL, INC. INCREASING THE CONTRACT AMOUNT FROM $85,500 TO $140,000 AND ACCEPTING THE 2118 AND 2134/2136

SACRAMENTO STREET ABATEMENT AND DEMOLITION PROJECT
BE IT RESOLVED by the City Council of the City of Vallejo as follows:

WHEREAS, On November 7, 2017, the City Council ratified a Purchase and Sale Agreement for the acquisition of the property located at 2118 and 2134/2136 Sacramento Street (the “Property”) for permanent supportive housing units for Vallejo residents experiencing homelessness and for house administration of said services; and
WHEREAS, on November 12, 2019, the City entered into a Disposition and Development Agreement with Vallejo PSH, L.P., a Limited Partner of Eden Housing, Inc., a non-profit public benefit corporation, to develop approximately 75 units of affordable and/or permanent supportive housing and one manager's unit, with 37 off-street parking spaces on the Property; and WHEREAS, in accordance with its obligations under the Purchase and Sale Agreement, the City undertook the abatement, demolition and removal of the two vacant buildings on the Property to remove hazards and blight and to make the site more useable for the upcoming housing project (the “2118 and 2134/2136 Sacramento Street Abatement and Demolition Project”); and WHEREAS, the Plans and Specifications for this project were prepared by City staff under the direction of the City Engineer; the City advertised the project on March 18, 2020; and a Notice to Contractors was issued to various plan rooms and posted on the City's bid solicitation website through Planet Bids, an electronic bid management site; and WHEREAS, on April 8, 2020, sealed bids were opened and read aloud by the City Engineer. The lowest responsive and responsible bidder was Resource Environmental, Inc., of Cerritos, California, in the amount of $85,500. On November 5, 2020, a contract between the City and Resource Environmental, Inc., was executed by the City Manager in the amount of $85,500.00; and WHEREAS, demolition of the buildings began on May 17, 2021, and the project was substantially complete as of November 1, 2021. However, during demolition, additional hazardous materials were discovered in one of the buildings and a fire on site produced additional hazardous material.

The Contractor was directed to remove the hazardous material to avoid any delays to the project.

The final contract amount is estimated to be $140,000. The Contractor has only one minor work item to complete.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Vallejo, State of California, that:

1. The City Manager is authorized to execute a contract change order to the construction contract with Resource Environmental, Inc. to increase the contract amount from $85,000 to $140,000 for the 2118 and 2134/2136 Sacramento Street Abatement and Demolition Project; and

2. The 2118 and 2134/2136 Sacramento Street Abatement and Demolition Project performed by Resource Environmental, Inc., of Cerritos, California, will now be accepted as complete and the City Clerk is hereby authorized and directed to file a notice of completion with the Solano County Recorder’s Office.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on April 26, 2022, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN
ATTEST
ROBERT H. MCCONNELL, MAYOR
DAWN G. ABRAHAMSON, CITY CLERK
CONSENT CALENDAR 8.E.

DATE: April 26, 2022
TO: Mayor and Members of the City Council
FROM: Beth Schoenberger, Acting Water Director
SUBJECT: ADOPT A RESOLUTION AMENDING FISCAL YEAR 2021-22 BUDGET IN THE AMOUNT OF $2,000,000 TO RECOGNIZE REVENUE AND APPROPRIATE FUNDS FROM THE

BUREAU OF RECLAMATION WATERSMART WATER AND ENERGY EFFICIENCY GRANT AWARD (STEP 2)

RECOMMENDATION
Adopt a Resolution to amend the Water Enterprise Fund Fiscal Year 2021-22 adopted budget in the amount of $2,000,000 to recognize revenue and appropriate expenditures from the US Bureau of Reclamation WaterSMART grant award for the Meter Replacement Program (Project No. TW7098).

REASONS FOR RECOMMENDATION
This proposed action is the second step of the City Charter-required two-step budget amendment process following the City Council’s action on April 12, 2022, where the City Council approved item 9C and authorized the City Manager to accept the Bureau of Reclamation grant funds and filed a notice of intent to amend the Fiscal Year 2021-22 budget.

BACKGROUND AND DISCUSSION
There are over 38,000 small water meters between 5/8-inch and 2-inches within the Vallejo Water System.

Small water meters primarily serve residential customers. Over 14,000 small water meters in the system are over 20 years old. The recommended replacement age for small water meters is 20-25 years. Water meters measure the volume of water a customer uses. As meters age, the accuracy in measurements decreases and leaks may develop. Without accurate measurements, billing inaccuracies can take place and leaks can go undetected. Water losses are required to be reported to the State annually and without accurate measurements, the true quantity of those losses is unknown.

These upgrades and replacement projects are necessary due to the current condition of the City’s metering infrastructure and to enable the City to more accurately measure and report water usage, improve the capability to detect leaks, and increase efficiency relating to meter-reading tasks.

The WaterSMART Water and Energy Efficiency Grant award will supplement an existing Capital Improvement Project (CIP) that was partially funded in the City's Capital Improvement Program (CIP). The funds from the grant will go towards supplementing the costs of purchasing and installing thousands of meters to replace those exceeding useful life. Accepting the WaterSMART Water and Energy Efficiency Grant award will fund the increased cost of installation and allow for the purchase of additional meters.

FISCAL IMPACT
There is no impact on the General Fund. The proposed amendment to the Water Enterprise Fund for the Fiscal Year 2021-2022 budget will increase revenue by $2,000,000 and increase expenditures by the same amount. If approved, the grant funding will offset the increased cost of installation and ability to purchase additional meters for the Meter Replacement Program. The Meter Replacement Program is already an

Date: April 26, 2022
Subject: ADOPT A RESOLUTION AMENDING FISCAL YEAR 2021-22 BUDGET IN THE AMOUNT OF $2,000,000 TO RECOGNIZE REVENUE AND APPROPRIATE FUNDS FROM THE

BUREAU OF RECLAMATION WATERSMART WATER AND ENERGY EFFICIENCY GRANT AWARD (STEP 2)

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existing CIP Project and funding has already been encumbered by the Water Enterprise Fund for this project (Project No. WT7098).

ENVIRONMENTAL REVIEW
Staff has reviewed the project and determined that it is Class 1 categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to section 15301 of Title 19 of the California Code of Regulations as it consists of the repair and maintenance of existing public or private structures.

ATTACHMENTS

1. Reso USBR WEEG Step 2 CAO stamp

CONTACT
Beth Schoenberger, Acting Water Director
[email protected]
(707) 648-5439
Approved as to form:

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AMENDING FISCAL YEAR 2021-22 BUDGET IN THE AMOUNT OF $2,000,000 FOR THE METER REPLACEMENT PROJECT AFTER RECEIVING A $2,000,000 GRANT FROM THE U.S. BUREAU OF RECLAMATION
WHEREAS, on August 25, 2020 the City Council adopted Resolution No. 20-107 N.C. authorizing an application to be submitted to the Bureau of Reclamation to finance a portion of the costs of implementing the City of Vallejo Water Main and Small Meter Replacement Program (the “Project”), to improve water conservation and meter reading efficiency; and
WHEREAS, on April 28, 2021, the City received notification from the Bureau of Reclamation stating the City would receive $2,000,000 in grant funding to augment existing funding for the Project; and
WHEREAS City Charter Section 730 requires that available funds not included in the budget may be appropriated by the City Council after giving one week’s notice of intention to do so; and;
WHEREAS, said notice was provided on April 12, 2022.

NOW, THEREFORE, BE IT RESOLVED that the Council hereby amends the Water Enterprise Fund for Fiscal Year 2021-2022 by increasing revenues and expenditures in the amount of $2,000,000 to recognize the US Bureau of Reclamation WaterSMART Water and Energy Efficiency Grant.

Adopted by the City Council of the City of Vallejo at a regular meeting held on April 26, 2022 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:

______________________________________
DAWN G. ABRAHAMSON, CITY CLERK

CONSENT CALENDAR 8.F.

DATE: April 26, 2022
TO: Mayor and Members of the City Council
FROM: Gillian Hayes, Interim Assistant City Manager
SUBJECT: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2021-22 HOME INVESTMENT

PARTNERSHIPS (HOME) PROGRAM BUDGET TO INCREASE EXPENDITURES BY $1,852,532 AND REAUTHORIZE FUNDING

RECOMMENDATION
Adopt a Resolution to amend the Fiscal Year (FY) 2021-22 HOME Investment Partnerships Program (HOME) Budget to increase the expenditure budget by $1,852,532 and reauthorize funding for projects and activities in progress.

REASONS FOR RECOMMENDATION
The City benefits from its use of HOME Program funds. This program is a grant to the City that is often used in partnership with local nonprofit groups to fund a wide range of activities, including building, buying, and rehabilitating affordable housing for rent or homeownership, or providing direct rental assistance to low- income households on a temporary basis. By reauthorizing the funding for activities in progress or not yet underway, the City is assisted in accomplishing its affordable housing objectives. The federal government also requires the City to commit its HOME Program funds in a timely manner. If the City fails to do so, these funds are recaptured.

BACKGROUND AND DISCUSSION
On May 11, 2021, the City Council approved HOME Program activities for FY 2021-22 for the period beginning July 1, 2021 and ending June 30, 2022. Some of the activities completed in the prior fiscal year (2020-21) are completed and may be closed out. Other activities may be in progress or are not yet underway, and may be carried over. Funds for some activities may be reallocated if the activity does not proceed for any reason. The revised and proposed FY 2021-22 HOME Program Budget is shown at Attachment 2. This is the second and final step of the process to reauthorize funding for projects and activities in progress.

This item was reviewed by the Housing and Community Development Commission on February 3, 2022, and recommended for approval. Staff provided a notice of intent on February 8, 2022, the first step in amending the FY 2021-22 HOME Program Budget.

FISCAL IMPACT
As these are federal funds, there would be no fiscal impact on the General Fund.

The net effect of the recommendation is to increase the expenditure budget by $1,852,532 from unspent prior fiscal year funds, and to reauthorize funding in FY 2021-22 for HOME Program activities and projects that are in progress, or are not yet underway.

Date: April 26, 2022
Subject: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2021-22 HOME INVESTMENT

PARTNERSHIPS (HOME) PROGRAM BUDGET TO INCREASE EXPENDITURES BY $1,852,532 AND REAUTHORIZE FUNDING

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foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.

ATTACHMENTS

1. Reso FY 2021-22 HOME Program Budget Amendment CAO stamp

2. FY 2021-22 HOME Program Budget Amendment

CONTACT
Gillian Hayes, Interim Assistant City Manager (707) 648-4163 [email protected]
Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO. ______N.C.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AMENDING THE FISCAL YEAR 2021-22

HOME PROGRAM EXPENDITURE BUDGET
WHEREAS, on May 11, 2021, the City Council adopted a Budget for the Fiscal Year (FY) 2021-22 federal HOME Investment Partnerships Program; and

WHEREAS, City Charter Section 703 requires that available funds not included in the Budget may be appropriated by the City Council after giving one week’s notice of intention to do so; and

WHEREAS, on February 8, 2022, the City Council provided a Notice of Intention to amend the FY 2021-22 HOME Program Budget; and
WHEREAS, staff is proposing that the revised HOME Program expenditure budget be increased by $1,852,532 in prior year funds not automatically carried over, as set forth in Figure 1 of this Resolution; and

WHEREAS, the City Council has considered the report and recommendations of the Interim City Manager on the HOME Program Budget amendment and has determined that the Budget amendment is both fair and appropriate.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VALLEJO DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The City Council of the City of Vallejo, pursuant to Charter Section 703, hereby amends the City’s HOME Program (Fund 102) Budget for FY 2021-22, by changing certain expenditure appropriations, as set forth in Figure 1 of this Resolution, which is by this reference incorporated herein; and

Section 2. The City Council of the City of Vallejo hereby authorizes the Interim City Manager or his designees to prepare and execute written Agreements and Amendments as may be necessary with subrecipient agencies and developers receiving FY 2021-22 HOME Program funds.

Adopted by the City Council of the City of Vallejo at a regular meeting held on April 26, 2022 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CITY OF VALLEJO
HOME PROGRAM BUDGET AMENDMENT, FISCAL YEAR (FY) 2021-22, FIGURE 1

FYI Only Unspent Unspent Unspent Automatic
Original Final Approved Entitlement Program Income HP Unused Total Adopted Carryover- Carryover Additional Total FY 2020-21 FY 2020-21 Balance (IDIS) Balance (IDIS) Balance (IDIS) Non-Federal FY 2020-21 FY 2021-22 Existing P.O. Adjustments Proposed in FY 2021-22 Proposed Proposed Total HOME Program Activities Budget Budget [1], [2] 6/30/2021 6/30/2021 6/30/2021 Match Carryover Budget [3] or Agreement to HTE Current Action HUD Funding Reallocation Adjustment Proposed Budget

A B C D E F G H I J K L M N O
(C+D+E+F) (G-I) (K+L+M) (H+I+N)
Program Administration (102-2101-463.xx-xx) 71,028$ 71,038$ -$ -$ -$ -$ -$ 76,086$ -$ -$ -$ 177,983$ -$ 177,983$ 254,069$ Closing Cost Grants (102-2101-463.40-60) 75,000 98,000 75,000 23,000 - - 98,000 50,000 98,000 - - - - - 148,000 CHDO Project (102-2101-463.40-61) 645,518 645,518 645,518 - - - 645,518 91,629 - - 645,518 - - 645,518 737,147 Homebuyer Loans (102-2101-463.40-63) 307,000 307,000 225,000 82,000 - - 307,000 200,928 307,000 - - - - - 507,928 Tenant-Based Rental Assistance (TBRA) (102-2101-463.40-65) 261,847 261,847 251,821 10,026 - - 261,847 118,623 - (178,810) 83,037 - - 83,037 201,660 CHDO Admin. (102-2101-463.40-67) 59,333 59,333 59,328 - - - 59,328 - - - 59,328 - - 59,328 59,328 -
Staff Project Delivery (102-2101-463.40-68) 3,600 3,600 - - - - - 43,600 - - - - - - 43,600 Permanent Supportive Housing (102-2101-463.40-95) 2,752,910 2,752,910 - 150,268 274,356 225,672 650,296 - - 70,605 720,901 - - 720,901 720,901 Workforce Housing Property Acquisition (102-2101-463.46-05) 165,765 165,765 165,765 - - - 165,765 - - - 165,765 - 165,765 165,765 Sonoma Estates Housing Project Loan - CHDC (102-2101-463.46-xx) - - - - - - - 180,000 - - - - - - 180,000

TOTAL 4,342,001$ 4,365,011$ 1,422,432$ 265,294$ 274,356$ 225,672$ 2,187,754$ 760,866$ 405,000$ (108,205)$ 1,674,549$ 177,983$ -$ 1,852,532$ 3,018,398$ -
Notes:
[1] Of this amount, $100,000 was projected program income; $186,824 in FY 2020-21 program income was received. [2] Adopted FY 2020-21 Budget included $225,672 in non-federal matching funds. [3] Of this amount, $150,000 is projected FY 2021-22 program income.

FY 2020-21 FY 2021-22
Proposed Adjustment
Carryover from FY 2020-21

PROCLAMATION

DECLARING MAY 2022 AS TOURISM MONTH

WHEREAS, National Tourism Week was established in 1983 when the United States Congress passed a joint resolution proclaiming the first full week of May as National Travel and Tourism Week , designed to promote public awareness of the powerful economic, social, and cultural importance of travel and tourism; and

WHEREAS, travel to and within the United States provides significant economic benefits for the nation; and

WHEREAS, the travel and tourism industry ranks as one of the largest employers in the United States and is the second largest employer in the City of Vallejo; and

WHEREAS, the travel and tourism industry in Vallejo is vital to our economic stability and growth, while promoting understanding and appreciation of Vallejo's history, geography and culture; and

WHEREAS, travel contributes to personal growth, health, professional advancement, education, cultural understanding, and the positive enhancement of Vallejo's image; and

WHEREAS, travel can serve as a catalyst to help move the Vallejo economy forward.

NOW, THEREFORE, BE IT PROCLAIMED, that I, R obert H. McConnell, Mayor of the City of Vallejo, and the Vallejo City Council, do hereby declare the month of May 2022 as Tourism Month and call upon the people of Vallejo to observe this month with appropriate ceremonies and activities.

Dated: April 26, 2022
__________________________________
ROBERT H. MCCONNELL, MAYOR

Vice Mayor Rozzana Verder-Aliga, EdD, District 1
Council Member Cristina Arriola, District 6
Council Member Hakeem Brown, At-Large
Council Member Pippin Dew, At-Large
Council Member Mina Diaz, District 3
Council Member Katy Miessner, At-Large

PROCLAMATION

THE AGE FRIENDLY COMMUNITY
WHEREAS, the City of Vallejo recognizes the increasing growth of the aging population and is committed to providing access to needed services and opportunities for residents of all ages to participate in community life; and
WHEREAS, active aging is a life -long process whereby an age-friendly community is intended to be friendly for all ages: and
WHEREAS, the City of Vallejo desires all community residents, including older persons and persons with disabilities, to participate and contribute to the social and economic fabric of the community; and WHEREAS, the City of Vallejo strives to equitably serve residents of all ages, ability levels, incomes, races, ethnicities, and other backgrounds; and
WHEREAS, the City of Vallejo recognizes there are numerous social and economic benefits to building a community that is inclusive and meets the changing needs of residents as they age, and WHEREAS, the City of Vallejo acknowledges and fully meets the aging population where they are while building the path to inclusiveness; and
WHEREAS, the City of Vallejo recognizes the growing number of states and municipalities, including the State of California, which have joined efforts to become more intentionally inclusive to older adults.

NOW, THEREFORE, BE IT PROCLAIMED, that that I, Robert H. McConnell, Mayor of the City of Vallejo, and the Vallejo City Council, do hereby support initiatives and opportunities to be an age-friendly community by encouraging and promoting policies and projects which are beneficial to healthy and active aging.

Dated: April 26, 2022
__________________________________
ROBERT H. McCONNELL, MAYOR

PROCLAMATION
RECOGNIZING NATIONAL DRINKING WATER WEEK MAY 1 – 7, 2022

WHEREAS, water is our most valuable natural resource for without it life cannot be sustained; and

WHEREAS, drinking water serves a vital role in our daily lives, serving an essential purpose to health, hydration and hygiene needs for the quality-of-life Vallejo citizens enjoy; and

WHEREAS, tap water delivers fire protection, public health protection, and support for our economy; and

WHEREAS, the hard work performed by the entire water sector, such as operators and lab analysts ensuring the safety and quality of drinking water, instrumentation technicians calibrating the devices that power the water system, water engineers designing capit al projects, and pipe crews maintaining the infrastructure communities rely on to transport high quality drinking water from its source to customers’ taps; and

WHEREAS, the coronavirus pandemic has shone a light on the importance of drinking water for he alth, hydration and hygiene needs; and

WHEREAS, we are all stewards of the water infrastructure upon which current and future generations depend; and

WHEREAS the citizens of our city are called upon to help protect our source waters from pollution, to get involved with their water system by familiarizing themselves with it, and to partner with the water professionals who operate, maintain, and manage the water system together for the long-term sustainability of our community.

NOW THEREFORE BE IT PROCLAIMED that I, Robert H. McConnell, Mayor of the City of Vallejo, and the Vallejo City Council, do hereby proclaim May 1-7, 2022, as Drinking Water Week.

Dated: April 26, 2022

__________________________________
ROBERT H. MCCONNELL, MAYOR

CONSENT CALENDAR 8.J.

DATE: April 26, 2022
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, Acting Public Works Director
SUBJECT: NOTICE OF INTENT TO AMEND FY 2021-22 CAPITAL IMPROVEMENT PROJECT BUDGET

RECOMMENDATION
Provide the notice of intent to amend the Capital Improvement Project budget to allocate $1,000,000 from the General Fund balance and authorize the expenditure of funds on project PW9819 North Mare Island Building Demolition (PW9819).

REASONS FOR RECOMMENDATION
Additional remediation work associated with the Phase 2 North Mare Island Demolition Project is required to address environmental hazards. Per City Charter Section 703, amending the budget requires a public notice of intent prior to any action taken. A staff report with a recommendation to amend the budget will be presented to City Council at the next regularly scheduled City Council meeting on May 10, 2022.

BACKGROUND AND DISCUSSION
On September 24, 2019, the City Council approved the bid award for the Demolition & Abatement Project – Mare Island Building Numbers 571, 641, 791, 793, and 1001, to Resource Environmental, Inc., of Long Beach, California in the amount of $939,150. This Project was the second phase of demolitions on North Mare Island and was funded using proceeds from a HUD 108 Loan.

The Phase 2 Demolition & Abatement Project was completed in 2020. Upon follow-up environmental analysis of the demolition sites, however, it was discovered that additional remediation work is required to address remaining soil contamination. The preliminary engineer's estimate for the additional work is $1.19M, which exceeds available FY 22-23 CIP fund allocations.

This notification is the first step in the two-step process to amend the FY 2021-22 Capital Improvement Project budget to allocate the additional funds necessary to complete the work.

FISCAL IMPACT
The notice of intent does not have any fiscal impact. A future recommended action to amend the FY 2021-22 Capital Improvement Project budget will include the anticipated transfer of $1,000,000 General Fund fund balance to project PW9819 North Mare Island Building Demolition.

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

Date: April 26, 2022
Subject: NOTICE OF INTENT TO AMEND FY 2021-22 CAPITAL IMPROVEMENT PROJECT BUDGET

Page 2 ends

None

CONTACT
Melissa Tigbao, Acting Public Works Director, (707) 648-4085 [email protected]
CONSENT CALENDAR 8.K.

DATE: April 26, 2022
TO: Mayor and Members of the City Council
FROM: Shawny K. Williams, Chief of Police
SUBJECT: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2021-22 JUSTICE ASSISTANCE GRANT 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.

RECOMMENDATION
Adopt a resolution amending the Fiscal Year 2021-22 Justice Assistance Grant 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 community- based crime reduction efforts.

This is the second step in a two-step process to amend the budget under the city's charter section 703.

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%

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

Date: April 26, 2022
Subject: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2021-22 JUSTICE

ASSISTANCE GRANT 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.

Page 2 ends

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 as the proposed revenues received are equal to the proposed expenditure authorizations. There is no cost share or match requirement for the grant.

ATTACHMENTS

1. Resolution Amending JAG - BCJI (1) CAO stamp

CONTACT
Shawny K. Williams, Chief of Police (707) 648-4540
[email protected]
Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AMENDING THE FISCAL YEAR 2021/2022 JUSTICE ASSISTANCE GRANT FUND BUDGET TO RECOGNIZE

REVENUE FROM THE BYRNE CRIMINAL JUSTICE INNOVATION PROGRAM (BJCI) IN THE AMOUNT OF $999,688 AND APPROPRIATE EXPENDITURES OF $999,668 WHEREAS, in June 2021, the City Council adopted a budget for the Fiscal Year 2021/2022; and
WHEREAS, City Charter Section 703 requires that available funds not included in the budget may be appropriated by the City Council after giving one week's notice of intention to do so said notice having been provided at the April 12, 2022 City Council meeting; and WHEREAS, the Police Department has subsequently received a grant totaling $999,688 from the United States Department of Justice Fiscal Year 2021 Byrne Criminal Justice Innovation Program (BJCI); and
WHEREAS, the grant funding will be used to fund “Project HOPE” in an effort to develop and implement evidence-based community violence intervention strategies to reduce crime and gun violence in Vallejo; and
WHEREAS, the Police Department will work with the following partners to build a successful program: 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, Touro University, and BetaGov.

NOW, THEREFORE, BE IT RESOLVED that the Council hereby recognizes the Byrne Criminal Justice Innovation Program award and amends the City’s Justice Assistance Grant Fund budget for the Fiscal Year 2021/2022 by adding $999,668 and appropriates the expenditures in the amount of $999,668 to permit the receipt and disbursement of grant funds.

CONSENT CALENDAR 8.L.

DATE: April 26, 2022
TO: Mayor and Members of the City Council
FROM: Paul Kelley, Special Advisor to City Manager - Economic Development Manager SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AGREEMENT WITH THE WORKFORCE DEVELOPMENT BOARD OF SOLANO COUNTY

TO IMPLEMENT THE VALLEJO SMALL BUSINESS PANDEMIC RECOVERY GRANT

PROGRAM AND THE VALLEJO RESTAURANT RESILIENCY PROGRAM USING $500,000 OF ARPA GRANT FUNDS

RECOMMENDATION
Adopt Resolution to Authorize the City Manager to sign the agreement with Solano WDB/SBDC to implement the Vallejo Small Business Pandemic Recovery Grant program and the Vallejo Restaurant Resiliency program, using $500,000 of the ARPA funds allocated to the City and designated for this program by the City Council in September 2021.

REASONS FOR RECOMMENDATION
When ARPA funds became available specifically to the City of Vallejo, the Council allocated a portion of the ARPA funds to the Economic Development Division for a list of programs and projects in September 2021. The small business grant program was identified as a use of a portion of these funds and this agreement will implement and spend this portion of the ARPA funds on this Small Business Pandemic Recovery Grant and the Restaurant Resiliency Program.

BACKGROUND AND DISCUSSION
Small Business Pandemic Recovery Grant Program - $350,000

In September 2020, with City Council approval, the Economic Development Division launched a small business micro grant program using federal Coronavirus Aid, Relief, and Economic Security (CARES) Act funding in the amount of $250,000 for small businesses with 20 employees or less. City staff partnered with the Solano Small Business Development Center (SBDC) and the Workforce Development Board (WDF) to administer the program. Applicants had to be for-profit, have a current City of Vallejo business license, with 20 or less full-time employees, and have been in business prior to March 2019. Qualified applicants were randomly selected using the lottery system to receive the grant. This ensured funding was distributed in a fair and equitable manner without bias and avoided the potential that grants go to those most knowledgeable or experienced in application processes. Grant amounts were based on business size. Businesses with 1 to 5 employees received $5,000, 6 to 10 employees received $7,500, and 11 to 25 employees received $10,000. Grant funds could be used to pay for COVID related expenses including lease/rent payments, employee wages, and utilities. There were 209 qualified applicants and 43 applicants were randomly selected and funded.

Based on the ongoing challenges to the City’s small businesses and the success of the City’s grant program in the fall of 2020, staff is proposing to fund another micro grant program partnering with SBDC and WDF in the amount of $400,000 of the $500,000 allocated. Of the $400,000, $350,000 will be used for grants and $50,000 used for administration of the programs by SBDC and WDF. The remaining $100,000 will be used for

Date: April 26, 2022
Subject: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AGREEMENT WITH THE WORKFORCE DEVELOPMENT BOARD OF SOLANO

COUNTY TO IMPLEMENT THE VALLEJO SMALL BUSINESS PANDEMIC

RECOVERY GRANT PROGRAM AND THE VALLEJO RESTAURANT RESILIENCY PROGRAM USING $500,000 OF ARPA GRANT FUNDS

Page 2 ends

the Restaurant Resiliency Program, which is described below. The qualifications will be the same as those used for the prior grant program, with the exception that this round of funding will allow applications from small businesses who have a valid business license for at least one year and have been negatively affected by the COVID-19 pandemic. Using ARPA funds for another round will help the City’s small businesses recover and support movement into a post-pandemic economy.

Restaurant Resiliency Program 2022 - $100,000

In May of 2021, Solano Small Business Development Center (SBDC) received a $100,000 grant from Wells Fargo Bank to launch a new Restaurant Resiliency Program. The cities of Vallejo and Fairfield were chosen for this pilot program. Restaurants, caterers, and food trucks with 15 or fewer employees were selected to participate due to the severe impact the COVID-19 Pandemic had on these businesses. The program paid participants $25 to prepare a hot, nutritious meal for low-income families and people who are homeless. Pre- packaged meals were required to include a hot entree, a fruit and/or vegetable, and a beverage, such as a bottle of water. The food was distributed by community partner groups that support low-income families, homeless shelters, and churches that feed the homeless. Fighting Back Partnership was selected as the community partner for the City of Vallejo. The initial $100,000 was expected to supply 3,200 meals over a 20- week period. For the City of Vallejo, 14 restaurants participated.

Staff is proposing to fund this program again in Vallejo partnering with SBDC and WDF in the amount of $100,000. Staff believes this program will not only benefit our low-income families and people who are homeless, but will provide additional revenue for our small restaurants, caterers, and food truck owners who have been severely impacted by the COVID-19 pandemic. We propose paying the participants $25 to prepare pre-packaged meals, but are requesting they provide two meals which include a meat option.

Grant & Program Administration / Marketing / Application - $50,000

The City will contract with the Solano WDB and SBDC to administer the two programs for a ten percent administration fee. Both have experience operating and managing these programs and managed the initial Vallejo Small Business Micro Grant Program 2020-21 as well as Solano County’s Rebuild Solano’s Small Business Grant $2 million business assistance program in 2020. They also managed the Restaurant Resiliency Program of Solano County for the cities of Vallejo and Fairfield, funded by Wells Fargo Bank, for the amount of $100,000. They will handle the marketing, outreach, training, application, review, selection, and distribution of funds for the two programs.

Program Delivery Components:

The Agreement with the Solano Work Force Development Board includes as exhibits the following documents which will be used to implement the programs described above:
 "Vallejo Small Business Microgrant Overview"
"Restaurant Resiliency Grant Project Overview"
"Vallejo Grant Funding Agreement - ARPA" as the template for agreements with the grantees "Grant Application and Restaurant Resiliency Interest Form" Date: April 26, 2022
Subject: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AGREEMENT WITH THE WORKFORCE DEVELOPMENT BOARD OF SOLANO

COUNTY TO IMPLEMENT THE VALLEJO SMALL BUSINESS PANDEMIC

RECOVERY GRANT PROGRAM AND THE VALLEJO RESTAURANT RESILIENCY PROGRAM USING $500,000 OF ARPA GRANT FUNDS

Page 3 ends

FISCAL IMPACT
The City of Vallejo received approximately $25 million from the American Rescue Plan Act (ARPA). Of that amount $1,300,000 was allocated the Economic Development Division, and this is the program for the $500,000 of that allocation to assist local small businesses during the Pandemic so no additional fiscal impact is expected.

ENVIRONMENTAL REVIEW
This action 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 Guidelines Section 15378.

ATTACHMENTS

1. WFDB SBDC Agreement - Small Business Micro Grant and Restaurant Resiliency 042622

2. Resolution_042622_Small Business Assistance Grant and Restaurant Resiliency_ARPA Funds

CONTACT
Paul Kelley, Special Advisor to City Manager - Economic Development Manager (707) 648-4109 [email protected]
Annette Taylor, Sr. Community Development Analyst, Economic Development Division (707) 649-3510 [email protected]

CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is made at Vallejo, California, as of April 26, 2022, by and between the City of Vallejo, a municipal corporation (the “CITY") and Solano County Private Industry Council, Inc., a California nonprofit private benefit corporation dba Workforce Development Board of Solano County ("CONSULTANT"), who agree as follows:
1) SERVICES. Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in Exhibit “A,” which consists of the proposal submitted by CONSULTANT. CONSULTANT shall provide said services at the time, place, and in the manner specified in Exhibit “A.”
2) PAYMENT. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit “B.” The payments specif ied in Exhibit “B” shall be the only payments to be made to CONSULTANT for services rendered pursuant to this Agreement. CONSULTANT shall submit all billings for said services to the CITY in the manner specified in Exhibit “B.”
3) FACILITIES AND EQUIPMENT. CONSULTANT shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
4) GENERAL PROVISIONS. The general provisions set forth in Exhibit “C” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the provisions set forth in Exhibit “C” shall control. 5) INSURANCE REQUIREMENTS. The insurance requirements set forth in Exhibit “D” are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the requirements set forth in Exhibit “D” shall control.
6) EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
7) TERM. This agreement shall be in effect through June 30, 2023; or until the scope of work is completed.
8) GOVERNING LAW AND VENUE. Should either Party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of California, excluding California’s choice of law rules.

Venue for any such action relating to this Agreement shall be in the Solano County Superior Court. 9) ENTIRE AGREEMENT. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between CITY and CONSULTANT. This Agreement supersedes all prior oral or written negotiations, representations

or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. 10) COUNTERPARTS. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 11) NOTICES. This Agreement is managed and administered on the CITY’s behalf by the individual named below. All notices shall be given to the CITY using the following contact information:

CITY Contact: Paul Kelley
E-mail: [email protected]
Address: 555 Santa Clara Street
Vallejo, CA 94590
Telephone: (707) 648-4109

Notices must be given to CONSULTANT at the following:

CONSULTANT Contact: Heather Henry, President/Executive Director E-mail: [email protected]
Address: 500 Chadbourne Road, Suite A
Fairfield, CA 94534
Telephone: (707) 863-3501

12. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.

13. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other defaul t, breach or condition precedent or any other right hereunder.

14. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.

15. Gender. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identifications of the person or persons, firm or firms, corporation or corporations may require.

16. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.

17. Compliance with Laws. Consultant will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.

18. Confidentiality of City Information. During the performance of services under this Agreement, Consultant may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as "City Information") which are valuable, special and unique assets of the City . Consultant agrees that it will not use any information obtained as a consequence of the performance of

services under this Agreement for any purpose other than fulfillment of Consultant’s scope of work to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law. Consultant shall treat all records and work product prepared or maintained by Consultant in the performance of this Agreement as confidential. A violation by Consultant of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief. Consultant’s obligations under this section shall survive the completion of services, expiration or termination of this Agreement.

19. News and Information Release. Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.

20. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or e -mailed by PDF or otherwise. Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement. The failure to send an original shall not affect the binding nature of this Agreement.

21. Authority. The person signing this Agreement for Consultant hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Consultant.

22. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:

Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Payment” including any attachments Exhibit C, entitled “General Provisions” including any attachments Exhibit D, entitled “Insurance” including any attachments

[SIGNATURES ON FOLLOWING PAGE]

IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

WORKFORCE DEVELOPMENT BOARD OF SOLANO COUNTY
A nonprofit organization

___________________________________
Heather Henry, President/Executive Director

DATE: ____________________

CITY OF VALLEJO,
a municipal corporation

___________________________________
Mike Malone
Interim City Manager

DATE: ____________________

ATTEST

___________________________________
Dawn Abrahamson
City Clerk

APPROVED AS TO CONTENT

___________________________________
Paul Kelley
Economic Development

APPROVED AS TO FORM:

___________________________________
Veronica A.F. Nebb
City Attorney

APPROVED AS TO INSURANCE:

___________________________________
Armond Sarkis
Risk Manager & Safety Officer

EXHIBIT “A”

SCOPE OF SERVICE

(1) DESCRIPTION OF SERVICES/WORK. CONSULTANT shall provide the application screening and background and underwriting services in support of the City of Vallejo Small Business Micro Grant Program and the Restaurant Resiliency Program (the “Programs”). The purpose of the Programs is to provide grants to financially support for-profit small businesses with 20 or fewer full-time employees located in the city of Vallejo struggling to pay bills and stay viable during the COVID-19 pandemic. CONSULTANT shall assist CITY in its implementation of the Programs by managing the application process, reviewing the necessary documents to ensure eligibility and compliance with the Program requirements, recommending businesses for funding, and distribution of Grant Funds, a sum of $350,000, to businesses. CONSULTANT will work cooperatively with the CITY to promote and market the Programs and availability of grant funds. CONSULTANT’S scope of work shall include, but not be limited to, the following:

SMALL BUSINESS MICRO GRANT PROGRAM

(a) APPLICATION SCREENING PROCESS AND PORTAL. CONSULTANT will develop, create, host, maintain, and manage an online application process and portal for the Program. Application to be minimally burdensome to potential applicants, requiring minimal collection of data and information necessary such as, but not limited to:
business name, contact information, number of full time employees, estimated 2020 gross receipts, business license number, etc. Anticipated application period will be July 2022 to August 2022. CONSULTANT to compile and randomize applications received at the end of the application period, and create a sequentially ordered list for CONSULTANT to utilize in the lottery process. The ordered list will categorize applications based on how many full-time employees (FTE) are on the applicant’s staff, (1-5 FTE, 6-10 FTE, and 11-20 FTE). Once CONSULTANT identifies fifty (50) applicants that qualify for the grant CONSULTANT shall notify CITY as stated in section 11 of Agreement. Once notified CITY shall deliver the Grant Funds to CONSULTANT for CONSULTANT to distribute Grant Funds to applicants as stated in section (e) below.

(b) PREAWARD BACKGROUND AND UNDERWRITING PROCESS. CONSULTANT will develop, create, perform, and provide a background and underwriting process for the lottery selected applicants. Purpose of background and underwriting is to screen applicants to verify identification and ensure compliance with all Program requirements.

CONSULTANT to request, collect, and review all applicant information and documentation deemed necessary by CONSULTANT to determine Program eligibility information. Documentation shall include, but is not limited to, a business license verification and a self-declaration that there is no lawsuit against the applicant.

CONSULTANT will identify and certify businesses complying with all Program requirements and provide a recommendation to the CITY for the CONSULTANT to proceed with issuance of a grant agreement to certified and qualifying businesses.

Anticipated date for CONSULTANT to begin performing background and underwriting process of selected applications will be August 2022. CONSULTANT will provide CITY with a secured mechanism to view electronic copies of all documentation collected.

CONSULTANT shall keep a list of all applications approved with complete

documentation verifying eligibility. The list will be categorized based on whether the eligible applicant has 1-5 FTE, 6-10 FTE, or 11-20 FTE (“Eligible Lists”).

(c) APPLICATION MARKETING FOR VALLEJO BUSINESSES. CONSULTANT shall coordinate and market and assist in the City’s efforts to market the Program to Vallejo businesses and help Vallejo businesses with any questions or requests they may have in filling out the Program application. This may include holding workshops or seminars.

(d) COORDINATION WITH BUSINESS GROUPS. CONSULTANT will work cooperatively with the Vallejo Chamber, Central Core Restoration Corporation, Solano Hispanic Chamber of Commerce, Solano County Black Chamber of Commerce, Filipino- American Chamber of Commerce of Solano County Inc., and other local business agencies or associations to promote and market the Program. CONSULTANT will provide presentations to local business organizations as needed and requested.

(e) DISTRIBUTION AND RECORD KEEPING. CONSULTANT will perform the applicant lottery based on the Eligible Lists CONSULTANT creates pursuant to subsection (b) above. CONSULTANT will identify and compile a list of applicants who were selected in the lottery and their micro-grant amount (Selected List). CONSULTANT shall then distribute to the selected applicants their micro-grant amount as stated on the Selected List from the Grant money provided by the CITY to the CONSULTANT.

Contractor will establish and maintain a system of accounts for budgeted funds that complies with generally accepted accounting principles and practices for organizations/governmental entities.

RESTAURANT RESILIECNY PROGRAM

(a) PROGRAM. The Program will address two major community concerns of the COVID- 19 pandemic – the negative financial impact of business closures on small restaurants, and food insecurity of our more vulnerable populations. Restaurants, caterers, and food truck operators in the city of Vallejo are eligible to participate. The food will be distributed by community partner groups that support low-income families, homeless shelters, and churches that feed the homeless. Participants will be reimbursed $25 for every meal prepared. The program shall run approximately seven months.

(b) OUTREACH. CONSULTANT will conduct outreach to small restaurants, caterers, and food truck operators in city of Vallejo with less than 20 employees to apply for the program. Participants will be selected to provide healthy pre-packaged dinner meals to include two hot entrée options, fruit and/or vegetable, and a beverage such as bottle of water.

(c) LOGISTICS. CONSULTANT will take the lead in coordinating local community-based organizations working with homeless individuals and/or low-income families to receive the meals for distribution.

(d) MEASURE OF PROGRESS. CONSULTANT will measure and track how many small businesses supported, amount of funds provided to each business, description of meals provided, and equity metrics of businesses funded. Progress metrics will be tracked and measured for individuals provided meals, including total number of meals served and a summary of meal distribution sites.

(e) DISTRIBUTION AND RECORD KEEPING. CONSULTANT will identify and compile a list of applicants who were selected (Selected List). CONSULTANT shall then distribute to the selected applicants their reimbursement amount from the Grant money provided by the CITY to the CONSULTANT. Contractor will establish and maintain a system of accounts for budgeted funds that complies with generally accepted accounting principles and practices for organizations/governmental entities.

EXHIBIT “B”

PAYMENT

(1) CONTRACT PRICE. The total contract price for services rendered by CONSULTANT under this Agreement shall be as specified below:

CONSULTANT shall receive the entire Grant Funds sum of $500,000, which includes a ten percent administration fee for the administration of the Programs as outlined below:

Small Business Micro Grant Program

(a) The CITY will provide $50,000 to be billed and issued upon execution of this consultant services agreement.

(b) Once CONSULTANT has received fifty (50) applications, CONSULTANT will inform the CITY for processing of payment from CITY to CONSULTANT for Grant Funds. CONSULTANT shall use $350,000 of the Grant Funds to distribute to selected businesses as stated in subsection 1(e) of the Scope of Work.

Restaurant Resiliency Program

(a) The CITY will provide $50,000 to be billed and issued upon execution of this consultant services agreement for the implementation grants of the Restaurant Resiliency Program.

(b) The CONSULTANT will inform the CITY after three months of the program’s inception for processing of payment from CITY to CONSULTANT for the remaining $50,000 Grant Funds.

(2) PAYMENT. All invoices must be submitted and approved by this individual:

CITY Contact: Rekha Nayar
E-mail: [email protected]
Address: 555 Santa Clara Street
Vallejo, CA 94590
Telephone: (707) 648-5433

CONSULTANT shall provide a Tax Identification number or Social Security number to CITY for billing purposes. Any additional meetings or work required beyond that set forth in Exhibit “A” shall be mutually agreed to by the CITY and CONSULTANT.

EXHIBIT “C”

GENERAL PROVISIONS
1) INDEPENDENT CONSULTANT. At all times during the term of this Agreement, CONSULTANT shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONSULTANT only insofar as the results of CONSULTANT's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement. 2) LICENSES; PERMITS; ETC. CONSULTANT represents and warrants to CITY that CONSULTANT has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required for CONSULTANT to practice CONSULTANT's profession. CONSULTANT represents and warrants to CITY that CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for CONSULTANT to practice his profession. 3) Business License. Consultant, and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreemen t to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Consultant until such business license(s) has been obtained.
4) TIME. CONSULTANT shall devote such services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONSU LTANT's obligations pursuant to this Agreement. CONSULTANT shall adhere to the Schedule of Activities as described in their Executive Summary.
5) CONSULTANT NOT AN AGENT. Except as CITY may specify in writing, CONSULTANT shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONSULTANT shall have no authority, express or implied, pursuant to this Agreement, to bind CITY to any obligation whatsoever. 6) ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 7) PERSONNEL. CONSULTANT shall assign onl y competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONSULTANT to perform services pursuant to this Agreement, CONSULTANT shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.

The payment made to Consultant pursuant to this Agreement shall be the full and complete compensation to which Consultant and Consultant’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Consultant nor Consultant’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Consultant. The City shall not be required to pay any workers' compensation insurance on behalf of Consultant. Consultant shall pay, when and as

due, any and all taxes incurred as a result of Consultant’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request. 8) CONFLICT OF INTEREST. Consultant warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Consultant’s family, business, real property or financial interests and the services to be provided under this Agreement. Consul tant shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Consultant’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Consultant shall disclose such conflict in writing to City. Every individual who performs services on behalf of Consultant pursuant to this Agreement must file a full Statement of Economic Interests (also known as Form 700) with the City Clerk if the work of the individual involves making a governmental decision whether to issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; authorizes the City to enter into, modify, or renew a contract; grants City approval of specifications for a contract; adopts or approves for the City any policy, standard or guideline; lobbies on behalf of the City, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code.
9) STANDARD OF PERFORMANCE. Consultant shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Consultant’s profession currently practicing in California. Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation applicable federal, state, and local laws and regulations, and all other contingencies or considerations. Consultant’s responsibilities under this section shall not be delegated. Consultant shall be responsible to City for acts, errors, or omissions of Consultant’s subcontractors. Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work and shall prepare plans, reports, and/or other work products in such a way that additional costs will not be incurred beyond a project budget approved or amended by the City Manager or his or her designee. Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Consultant is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards , or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant.
10) CANCELLATION OF AGREEMENT. This Agreement may be canceled at any time by the CITY at its discretion upon written notification to CONSULTANT. CONSULTANT is entitled to receive full payment for all services performed and all costs incurred up to and including the date of receipt of written notice to cease work on the project. CONSULTANT shall be entitled to no further compensation for work performed after the date of receipt of written notice to cease work. All completed and incomplete products up to the date of receipt of written notice to cease work shall become the property of CITY.
11) NON-DISCRIMINATION/FAIR EMPLOYMENT PRACTICES.

(a) Consultant shall not, because of race, religious creed, color, sex, national original, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions or other privileges of employment, without regard to his race, religious creed, color, sex, national origin, ancestry, or disability, medical condition, age, marital status or sexual orientation.

Consultant warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment. In all solicitations either by competitive bidding or negotiations made by Consultant for work to be performed under any subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultant’s obligation under this Agreement relative to nondiscrimination and fair employment practices. Consultant shall include the above provisions of this section in every subcontract, including procurement of materials or equipment. (b) Consultant agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.
12) PRODUCTS OF CONSULTING. All products of the CONSULTANT provided under this Agreement shall be the property of the CITY.
13) INDEMNIFY AND HOLD HARMLESS.
a) If AGREEMENT is an agreement for design professional services subject to California Civil Code § 2782.8(a) and CONSULTANT is a design professional, as defined in California Civil Code § 2782.8(c)(2), to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY and its elected officials, officers, agents, employees and designated volunteers (collectively “CITY Indemnitees”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT’s proportionate percentage of fault.

CONSULTANT’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT’s percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
b) If AGREEMENT is not an agreement for design professional services subject to California Civil Code § 2782.8(a) or CONSULTANT is not a design professional as defined in California Civil Code § 2782.8(c)(2), to the fullest extent allowed by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY Indemnitees from all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by CONSULTANT or any person directly or indirectly employed by or acting as agent for CONSULTANT in the performance of this Agreement, including the concurrent or successive

passive negligence of the CITY Indemnitees.

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

Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause.

This indemnification and hold harmless clause shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.

CONSULTANT’S responsibility for such defense and indemnity shall survive termination or completion of this agreement for the full period of time allowed by law. 14) LOCAL EMPLOYMENT POLICY. The CITY desires wherever possibl e, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County. The CITY encourages an active affirmative action program on the part of its contractors, consultants, and developers. When local projects require, subcontractors, contractors, consultants and developers will solicit proposals from qualified local firms where possible.

As a way of responding to the provisions of the Davis -Bacon Act and this program, contractor, consultants, and developers will be asked, to provide no more frequently than monthly, a report which lists the employee's name, job class, hours worked, salary paid, city of residence, and ethnic origin.
15) CONSULTANT NOT A PUBLIC OFFICIAL. CONSULTANT is not a "public official" for purposes of Government Code §§ 87200 et seq. CONSULTANT conducts research and arrives at his or her conclusions, advice, recommendation, or counsel independent of the control and direction of the CITY or any CITY official, other than normal contract monitoring. In addition, CONSULTANT possesses no authority with respect to any CITY decision beyond these conclusions, advice, recommendation, or counsel.
16) EMPLOYMENT DEVELOPMENT DEPARTMENT REPORTING REQUIREMENTS.

When the CITY executes an agreement for or makes payment to CONSULTANT in the amount of $600 (six hundred dollars) or more in any one calendar year, CONSULTANT shall provide the following information to CITY to comply with Employment Development Department (EDD) reporting requirements:
a) Whether CONSULTANT is doing business as a sole proprietorship, partnership, limited liability partnership, corporation, limited liability corporation, non-profit corporation or other form of organization.
b) If CONSULTANT is doing business as a sole proprietorship, CONSULTANT shall provide the full name, address and social security number or federal tax identification number of the sole proprietor.
c) If CONSULTANT is doing business as other than a sole proprietorship, CONSULTANT shall provide CONSULTANT’S federal tax identification number.

EXHIBIT “D”

INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Consultant, their agents, representatives, or employees or subcontractors. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured.

Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the Consultant under this agreement.

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:

A. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

B. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025.

C. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

2. Minimum Limits of Insurance. Consultant shall maintain limits no less than:

A. General Liabi lity: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

B. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

C. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If Consultant is not subject to California Wo rkers’ Compensation requirements, Consultant shall file a completed Request for Waiver of Workers’ Compensation Insurance Form which may be obtained from the City prior to commencing any activity authorized hereunder.

3. Deductible and Self-Insured Retention (SIR). Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retention as respects the City of Vallejo, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing

payment of losses and related investigations, claim administration and defense expenses. All SIRs must be disclosed to the City’s Risk Manager for approval and shall not reduce the limits of liability. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.

4. Other Insurance Provisions.

A. Additional Insured Endorsements: The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as Additional Insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased hired or borrowed by the Consultant. Additional Insured endorsements with respect to General Liability, Auto and Umbrella/Excess I nsurance shall be attached to the Certificate of Insurance presented to the City.

B. 30 Days’ Notice of Cancellation Endorsements: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

C. Waiver of Subrogation Rights Endorsement: The workers’ compensation policy required hereunder shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against City, its officers, officials, employees, agents and vol unteers, which might arise by reason of payment under such policy in connection with Consultant’s performance under this Agreement. The waiver of subrogation rights endorsement in favor of the City of Vallejo shall be attached to the Certificate of Insurance.

D. The limits of Insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of the City of Vallejo before the City’s own Insurance or self - insurance shall be called upon to protect it as a named insured.

E. The insurance coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers , officials, employees, agents, and volunteers. Any insurance or self -insurance maintained by the City of Vallejo, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

F. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

G. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.

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

5. Acceptability of Insurers. The insurance is to be issued by companies licensed to do business in the State of California. The insurance is to be placed with insurers with a current A.M.

Best's rating of no less than A:VII.

6. Verification of Coverage. Consultant shall furnish the City with certificates of insurance and original endorsements. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. The City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. All verification 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

7. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

8. Payment Withhold. City will withhold payments to Consultant if above required insurance or endorsements are canceled, or Consultant otherwise ceases to be insured as required herein.

RESOLUTION NO. 22-____________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AUTHORIZING

THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE WORKFORCE

DEVELOPMENT BOARD OF SOLANO COUNTY TO IMPLEMENT THE CITY THE

VALLEJO SMALL BUSINESS GRANT PROGRAM AND THE VALLEJO
RESTAURANT RESILENCY PROGRAM AND DISTRIBUTE $450,000 OF AMERICAN

RESCUE PLAN ACT FUNDS ON BEHALF OF THE CITY TO ELIGIBLE

BUSINESSES WITHIN THE CITY OF VALLEJO
WHEREAS, in October 2020, the City of Vallejo (City) implemented a small business grant program that funded 42 businesses in Vallejo and the City would like to expand support of its small businesses; and
WHEREAS, on March 11, 2021, President Biden signed into law the $1.9 trillion- dollar American Rescue Plan Act (ARPA) to provide continued relief from the impact of the COVID19 pandemic; and
WHEREAS, the City has been awarded $13 million in ARPA funding (the first half of funding awarded in 2021) for eligible uses, which include a m o n g o t h e r e l i g i b l e e x p e n s e s , providing financial and economic support to businesses within the City's jurisdiction; and
WHEREAS, the City Council of the City of Vallejo desires allocate $500,000 in City of Vallejo ARPA funding, of which $50,000 will be paid to the Workforce Development Board of Solano County as an authorized administrative fee, to provide grants to help financially support small businesses and restaurants struggling with expenses and to help them stay viable recovering from the pandemic.

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

Section 1. The grant program to continue providing financial support to qualified small businesses and restaurants in Vallejo with grant funds to assist with business costs during the COVID-19 recovery is hereby authorized.

Section 2. The Solano County Private Industry council, Inc., a nonprofit corporation, dba the Workforce Development Board of Solano County, is hereby authorized to administer and implement the program.

Section 3. The City Manager or his designee is authorized to administratively approve any modifications, additions, deletions, or other changes to the program funding and guidelines, as deemed necessary by him, in order to expeditiously create, implement, and administer the support grant program.

Section 5. The City Manager, or his designee, is authorized to execute t h e agreement in the amount of $50,000 with the Solano County Private Industry Council, Inc. dba Workforce Development Board of Solano County for the implementation of the grant program, including distributing $450,000 in ARPA grant funds to eligible recipients according to the program funding guidelines.

PASSED AND ADOPTED this 26th day of April 2021, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________

ROBERT MCCONNELL, MAYOR
ATTEST:
______________________________________
DAWN G. ABRAHAMSON, CITY CLERK
ACTION ITEM 9.A.

DATE: April 26, 2022
TO: Mayor and Members of the City Council
FROM: Veronica A.F. Nebb, City Attorney
SUBJECT: INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING CHAPTER 7.68

OF THE VALLEJO MUNICIPAL CODE RELATED TO THE PROHIBITION OF SMOKING

RECOMMENDATION
Introduce an ordinance amending Chapter 7.68 of the Vallejo Municipal Code, Regulation of Smoking in Public Places and Work Places, to prohibit smoking in and around multi-unit residences and other publically accessible places and to update outdated provisions of the Chapter to conform with State law.

REASONS FOR RECOMMENDATION
The proposed amendment to the ordinance regulating smoking will reduce exposure to secondhand smoke in multi-unit residences and other publically accessible places and bring the City’s regulations into compliance with State law.

BACKGROUND AND DISCUSSION
In 2021, several citizen groups and residents requested that the City Council consider amending the City's current Smoking Ordinance (Chapter 7.68 of the Municipal Code) to include additional measures to protect the public from secondhand smoke. In particular, requests for consideration of regulations specific to multi-unit housing were received by the City.

The health risks of tobacco use and exposure to secondhand smoke are well documented. Approximately 40,000 Californians die each year from smoking-related disease, making tobacco use the number one cause of preventable death, killing more people than alcohol, AIDS, car crashes, illegal drugs, murders, and suicides combined. The U.S. Surgeon General has concluded that there is no safe level of exposure to secondhand smoke and the California Air Resources Board has classified secondhand smoke as a toxic air contaminant.

Secondhand smoke in multi-unit housing drifts through doorways, cracks in walls, electrical lines, ventilation systems and plumbing. The Surgeon General has stated that eliminating smoking in indoor spaces is the only way to fully protect nonsmokers from secondhand smoke exposure, and that separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot completely prevent secondhand smoke exposure.

The proposed amendments to Chapter 17.68 of the Vallejo Municipal Code are designed to reduce exposure to secondhand smoke in multi-unit residences which house many of the city’s most vulnerable residents.

Secondhand smoke exposure in multi-unit housing contributes to tobacco-related health inequities. For example, in California, when compared with adults who live in single-family homes, adults who live in multi-unit housing are more likely to be people of color; lower income or below the poverty line; and/or uninsured.

Additionally, secondhand smoke in multi-unit housing is a significant threat to the health and safety of California children. About a quarter of those who live in multi-unit housing (25.2%) are under the age of 18 and the home is the primary source of secondhand smoke for children.

The COVID-19 pandemic has further highlighted the risks of smoking. Smoking doubles the risk of developing

Date: April 26, 2022
Subject: INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING CHAPTER

7.68 OF THE VALLEJO MUNICIPAL CODE RELATED TO THE PROHIBITION OF

SMOKING

Page 2 ends

respiratory infections and doubles the risk of getting sicker from COVID-19. Additionally, the pandemic itself has resulted in increased time at home for most Californians over the last 2 years, thereby increasing the number of hours per day of potential exposure to second-hand smoke.

The City’s existing Ordinance does not adequately address the growing concerns about the effects of secondhand smoke and contains many outdated provisions inconsistent with State law. The proposed ordinance declares secondhand smoke a nuisance and enables a private citizen to bring a legal action to abate secondhand smoke as a nuisance.

Key provisions of the proposed revised ordinance are described below:

Ensuring all Places of Employment are Smoke-Free
The State smoke-free workplace law amended California Labor Code Section 6404.5 to ban smoking in most enclosed places of employment, but allowed for some exceptions, such as owner-operated facilities (such as bars under sole proprietorship). The proposed ordinance extends the smoking ban to include all “places of employment,” both indoors and outdoors, that an employee, volunteer, contractor, or member of the public can enter, regardless of sole proprietorship. Private smoking lounges within retail tobacco shops are excluded.

Establishing a Smoke-Free “Reasonable Distance” from Public Places Assembly Bill 846 went into effect on January 1, 2004, to amend California Government Code sections 7596 – 7598 and prohibit smoking within 20 feet (defined as a “reasonable distance”) of main entrances, exits, and operable windows at all public buildings owned, occupied, or leased and occupied by State, County, or City governments. The proposed ordinance expands the concept to prohibit smoking within a reasonable distance of any enclosed area (not just public buildings) and unenclosed areas within which smoking is prohibited.

Restricting Outdoor Smoking
Health and Safety Code Section 104495 already bans smoking within 25 feet of tot- lots and playgrounds. The proposed ordinance prohibits smoking in outdoor public places (places open to the general public), including, but not limited to, outdoor dining areas; public and private parks; sidewalks; and at public events. Service areas including ATM’s, kiosks, bus stops and shelters, and mobile vendor lines, or cab stands are also protected from smoking. The ordinance permits designated unenclosed smoking areas in unenclosed outdoor public areas (such as in commercial developments) provided the designated area meets specified criteria.

Restricting Smoking in Multi-Unit Residences
A multi-unit residence is defined as any attached housing, including apartment, co-op, condominium, townhome, duple, triplex, senior and assisted living facilities and long-term health facilities that contain two (2) or more dwelling units, excluding single-family detached homes (without attached ADU) and mobilehomes. The proposed ordinance prohibits smoking in all units of a multi-unit residence and common areas accessible to and usable by residents and/or members of the public (i.e., halls and paths, lobbies, laundry rooms, community rooms, outdoor eating areas, play areas and swimming pools). The ordinance does allow for the designation of an outdoor “smoking area” to accommodate smokers, provided certain conditions are met. The following types of housing are not considered a multi-unit residence: a single-family home and mobile homes in a mobile home park.

Enforcement
Date: April 26, 2022
Subject: INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING CHAPTER

7.68 OF THE VALLEJO MUNICIPAL CODE RELATED TO THE PROHIBITION OF

SMOKING

Page 3 ends

The proposed ordinance specifies that enforcement of smoking prohibitions in enclosed areas, places of employment, and certain unenclosed areas shall be handled by any peace officer or code enforcement official. Enforcement of smoking prohibitions in multi-unit residences and commercial multi unit property is the responsibility of the landlord or other party responsible for setting rules (e.g., property manager, homeowners’ association, condominium board, etc.). Private citizens (including employees and tenants) may bring legal action to enforce the regulations.

Landlords and others who are responsible for setting rules in multi-unit properties (e.g., property managers, homeowners’ associations, condominium boards, etc.) will have the following responsibilities under the ordinance:

• Providing notice to tenants, prospective tenants, buyers and residents of the prohibition of smoking requirements by the effective date of the ordinance; and

• Posting “No Smoking” signs in areas where smoking is prohibited by the effective date of the ordinance.

Additionally, landlords must include “no smoking” requirements in any occupancy agreements entered into, renewed, or continued beginning 60 days after the effective date of the ordinance.

FISCAL IMPACT
There is no fiscal impact with approval of this item

ENVIRONMENTAL REVIEW
The proposed ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061 (b)(3) because there is no possibility the activity in question may have a significant effect on the environment.

ATTACHMENTS

1. Ordinance Amending Chapter 7.68 Re_Prohibition of Smoking CAO Stamp

CONTACT
Veronica Nebb, City Attorney (707) 648-4545
[email protected]
1 ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VALLEJO AMENDING CHAPTER 7.68 OF THE VALLEJO MUNICIPAL CODE RELATED TO THE

PROHIBITION OF SMOKING
THE CITY COUNCIL OF THE CITY OF VALLEJO DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals.

A. The World Health Organization (WHO) estimates that tobacco kills up to half of its users, amounting to more than 7 million deaths each year worldwide, including nearly half a million people who die prematurely from smoking in the United States alone.

B. The U.S. Environmental Protection Agency (EPA) has classified environmental tobacco smoke (ETS) as a group A carcinogen, a category reserved for toxic substances known to cause cancer and for which there is no safe level of exposure.

C. Numerous scientific and medical studies have found that ETS is a major contributor of indoor air pollution, and a significant health hazard to nonsmokers. ETS is the third leading cause of preventable disease and death in the U.S. Exposure to ETS is responsible for 87% of lung cancer deaths, 32% of coronary artery disease deaths, and 79% of all chronic obstructive pulmonary disease cases in the U.S.

D. ETS purposes a serious health risk for children and infants. Exposure to ETS by children and infants is responsible for: 1) serious respiratory ailments, such as bronchitis and pneumonia; 2) onset and exacerbation of asthmatic symptoms; 3) increased frequency of cough and wheezing; 4) reduced lung function and lung growth; and 5) increased rates of chronic ear infections.

E. The U.S. EPA estimates that exposure to ETS in the workplace is about four times that of typical household exposure. Tobacco smoke in the workplace is responsible for increased health risks to workers, higher employer costs for fire and health insurance premiums, and an increased threat of employer legal liability.

F. The U.S. Surgeon General has found that nicotine in tobacco products is as addictive as cocaine and heroin. The majority of those Americans became addicted to nicotine in tobacco

2 products as adolescents before the age of legal consent. Recent scientific studies have found that tobacco companies target children and teens with cigarette advertising and promotion.

G. WHEREAS, significant disparities in tobacco use exist in California which create barriers to health equity, as evidenced by the following:
African American (20%), Asian (15.6%), Hispanic (15.0%), and American Indian/Alaska Native (36.2%) males all report a higher smoking prevalence than White, Non-Hispanic males (14.8%).
More than half of low socioeconomic status American Indian/Alaska Native Californians smoke, the highest smoking prevalence among all populations; Smoking prevalence increased among high school–age African American youth from 2002 to 2012 while rates decreased for high school–age youth overall, and for all other race/ethnicity groups.
Californians with the highest levels of educational attainment and annual household income have the lowest smoking rates.
Those who identify as bisexual, compared with heterosexual, gay/lesbian/homosexual, not sexual, celibate, or other, smoke at rates disproportional to their representation in California.
Those who rent their homes, compared with those who own their homes or have other arrangements, smoke at rates disproportional to their representation in California. A 2014 report noted that those who reported they likely experienced psychological distress in the preceding year smoked at rates disproportional to their representation in California.

H. WHEREAS, secondhand smoke has repeatedly been identified as a health hazard, as evidenced by the following:
The U.S. Surgeon General concluded that there is no risk-free level of exposure to secondhand smoke.
The California Air Resources Board categorized secondhand smoke as a toxic air contaminant, along with most toxic automotive and industrial air pollutants, for which there is no safe level of exposure.
The California Environmental Protection Agency (EPA) included secondhand smoke on the Proposition 65 list of chemicals known to the state of California to cause cancer, birth defects, and other reproductive harm.
The American Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE) recommends that multiunit housing be free from secondhand smoke, cannabis smoke, and aerosol from electronic smoking devices. The American Heart Association has recommended all adults and children be protected from smoking in multiunit housing.
3 I. WHEREAS, exposure to secondhand smoke causes death and disease, as evidenced by the following:
Since 1964, approximately 2.5 million nonsmokers have died from health problems caused by exposure to secondhand smoke.
Secondhand smoke was responsible for an estimated 34,000 heart disease–related and 7,300 lung cancer–related deaths among adult nonsmokers each year during 2005-2009 in the United States.
Exposure to secondhand smoke increases the risk of coronary heart disease by about 25% to 30%i and increases the risk of stroke by 20% to 30%. Secondhand smoke kills more than 400 infants every year.

J. WHEREAS, electronic smoking device aerosol may be considered a health hazard, as evidenced by the following:
Research has found electronic smoking device aerosol to contain at least ten chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm, such as formaldehyde, acetaldehyde, lead, nickel, and toluene. Electronic smoking device aerosol is not harmless water vapor as it contains varying concentrations of particles and chemicals with some studies finding particle sizes and nicotine concentrations similar to, or even exceeding, conventional cigarette smoke. Evidence continues to build that exposure to electronic smoking device aerosol, including secondhand exposure, has immediate impacts on the human respiratory and cardiovascular systems, and thus likely poses a risk to human health. Given the increasing prevalence of electronic smoking device use, especially among youth and young adults, widespread nicotine exposure resulting in addiction and other harmful consequences is a serious concern.
Indoor air experts and health authorities, including the U.S. Surgeon General, American Society of Heating Refrigerating and Air-Conditioning Engineers, and State of California’s Tobacco Education and Research Oversight Committee (TEROC), all support inclusion of electronic smoking devices in regulations of smoking and other tobacco product use.

SECTION 2. Chapter 7.68 of the Vallejo Municipal Code is hereby repealed in its entirety.

SECTION 3. There is hereby added a new Chapter 7.68 to the Vallejo Municipal Code which is adopted to read as follows:
4 Chapter 7.68

PROHIBITION OF SMOKING

7.68.010 Legislative findings and purposes.

7.68.020 Definitions.

7.68.030 Prohibition of smoking in City-owned vehicles and facilities.

7.68.040 Smoking restrictions in multi-unit residences.

7.68.050 Prohibition of smoking in enclosed areas.

7.68.060 Prohibition of smoking in unenclosed areas.

7.68.070 Smoking optional areas.

7.68.080 Reasonable smoking distance required.

7.68.090 Nonsmoking buffer zones.

7.68.100 Notice and posting of signs.

7.68.110 Required and implied lease terms.

7.68.120 Nuisance.

7.68.130 Other requirements and prohibitions.

7.68.140 Penalties and enforcement.

7.68.150 Other applicable laws.

7.68.010 – Findings and purposes.

The City council of the City of Vallejo finds and declares that the purposes of this chapter are:

A. To protect the public health, safety and general welfare; and B. To guarantee the right of nonsmokers, especially children, to breathe smoke-free air, and to recognize that the need to breathe smoke-free air has priority over the desire to smoke; and C. To reduce addiction to tobacco products by children and teenagers.

The City Council further finds it is within its basic police power to implement and enforce the provisions of this chapter.

7.68.020 – Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

A. “Adjacent unenclosed property” means any unenclosed area of property, publicly or privately owned, that abuts a multi-unit residence, but does not include property containing detached single-family homes.

B. "Business" means any sole proprietorship, joint venture, corporation, or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold, offered for sale, performed or delivered.

C. “Cannabis” has the meaning set forth in California Business and Professions Code Section 26001(f), as that section may be amended from time to time. 5 D. “Common area” means any enclosed or unenclosed area of a multi-unit residence or multi- unit non-residential premises (such as hotels, motels, mobile home parks, shopping centers, and office buildings) accessible to and usable by more than one resident, tenant, owner, employee, employer, or member of the public, including but not limited to areas such as halls and paths, lobbies, elevators, stairs, laundry rooms, community rooms, cooking areas, dining areas, gym facilities, swimming pools, grassy or landscaped areas, walking/biking paths, seating areas, garages, and parking lots.

E. “Dining area” means any area, including streets and sidewalks, that is available to or customarily used by the public or an employee, and that is designed, established, or regularly used for consuming food or drink, including but not limited to restaurants.

F. “Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e- cigarette, e-cigar, e-pipe, vape pen, or e-hookah.

G. "Employee" means any person who is employed or retained as an independent contractor by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for an employer.

H. “Employer” means any person, partnership, corporation or other business or nonprofit entity that retains the service of one or more employees.

I. "Enclosed area" means an area in which outside air cannot circulate freely to all parts of the area, and includes an area that has:

1. Any type of overhead cover, whether or not that cover includes vents or other openings, and at least three walls or other vertical constraint to airflow, including, but not limited to, vegetation of any height, whether or not those boundaries include vents or other openings; or

2. Four walls or other vertical constraints to airflow, including, but not limited to, vegetation, that exceed six feet in height, whether or not those boundaries include vents or other openings.

J. “Homeowners’ association” or “HOA” means an organization or entity established for the purpose of managing or maintaining a common interest development. A homeowners' association shall also mean "association" as defined in California Civil Code Section 4080, or any successor legislation.

K.“Landlord” means any person or agent of a person who owns real property leased or rented or any person who manages premises including property managers, homeowners’ associations, commercial property associations, condominium boards, etc., except that “landlord” does not include sublessors.
6 L.“Multi-unit residence” means property containing two or more units that share a wall, including, but not limited to, apartments, condominiums, townhomes, duplexes, triplexes, quadruplexes, a single-family residence with a junior accessory dwelling unit or attached accessory dwelling unit, senior and assisted living facilities, drug and alcohol rehabilitation facilities, and long-term health care facilities, hospitals, a room in a single room occupancy (“SRO”) facility. Includes all personal dwelling space, even where lacking cooking facilities or private plumbing facilities, and includes any associated exclusive use enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck, or patio. Multi-unit residences do not include the following:

1. A mobile home;

2. A single-family home, except if used as a health care facility subject to licensing requirements; and

3. A single-family home with a detached accessory dwelling unit permitted pursuant to California Government Code Sections 65852.1, 65852.150, 65852.2, or an ordinance of the City adopted pursuant to those sections, except if the single-family home or accessory dwelling unit is used as a health care facility subject to licensing requirements.

4. A single-family home with a junior or attached accessory dwelling unit where neither unit is rented or leased to an individual or entity other than the occupant of the other unit or a member of the immediate family of the occupant of the other unit.

M. "Nonprofit entity" means any entity that meets the requirements of California Corporations Code Section 5003 as well as any corporation, unincorporated association, or other entity created for charitable, religious, philanthropic, educational, political, social, or similar purposes, the net proceeds of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A government agency is not a nonprofit entity within the meaning of this chapter.

N. “Nonsmoking area” means any enclosed area or unenclosed area in which smoking is prohibited by:

1. This chapter or other law;

2. Binding agreement relating to the ownership, occupancy, or use of real property; or

3. A person with legal control over the area.

O. "Person" means any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

P. “Premises” means a piece of land and any improvements thereon such as is usually described in a deed, deed of trust, or mortgage, and includes legally separate but contiguous pieces of land that are owned by the same natural person or by legal persons under common control.

Q. “Private smokers’ lounge” means any enclosed area in or attached to a retail tobacco shop that is dedicated to the use of tobacco products, including, but not limited to, cigars and pipes. 7 R. "Public place" means any place, publicly or privately owned, which is open to the public regardless of any fee or age requirement.

S. “Reasonable Distance” means a distance of at least 20 feet in any direction from an area in which smoking is prohibited.

T. "Recreational area" means any area including streets and sidewalks publicly or privately owned and open to the public for recreational purposes, regardless of any fee or age requirement.

The term “recreational area” includes, but is not limited to, parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, riding trails, swimming pools, amusement parks, marinas, and beaches.

U. "Restaurant" means any coffee shop, cafeteria, sandwich stand, private and public-school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities.

V. "Retail tobacco store" means any business establishment utilized primarily for the sale of tobacco products, including but not limited to, cigars pipe tobacco, and smoking accessories, and in which the sale of other products is merely incidental.

W. "Service area” means any publicly or privately owned area, including streets and sidewalks, that is designed to be used or is regularly used by one or more persons to receive a service, wait to receive a service, or to make a transaction, whether or not such service or transaction includes the exchange of money. The term “service area” includes, but is not limited to, areas including or adjacent to information kiosks, automatic teller machines (ATMs), ticket lines, bus stops or shelters, mobile vendor lines, or cab stands.

X. “Smoke” means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization, when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term “smoke” includes, but is not limited to, tobacco smoke, vapors from an electronic device, and cannabis smoke.

Y. "Smoking" means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, weed or plant or other combustible substance whose smoke is intended to be inhaled. Smoking, as defined in this chapter, does not include the use of traditional, sacred tobacco as part of an Indigenous practice or a lawfully recognized religious, spiritual, or cultural ceremony or practice.

Z. "Sports arena" means enclosed or unenclosed sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events.
8 AA. “Tobacco product” means:

1. Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and

2. Any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah.

The phrase “tobacco product” does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.

7.68.030 – Prohibition of smoking in City-owned vehicles and facilities.

Smoking shall be prohibited in all City-owned vehicles, including buses and other means of public transit under the authority of the City, and all enclosed facilities owned and controlled by the City.

7.68.040 – Smoking restrictions in multi-unit residences.

A. Effective 90 days after the effective date of this ordinance, smoking is prohibited in all multi-unit residences.

B. No person with legal control over any multi-unit residence shall permit smoking anywhere on the premises of the multi-unit residence except as permitted in subsection

7.68.060(A)(7).

7.68.050 – Prohibition of smoking in enclosed areas.

Smoking is prohibited in the enclosed areas of the following places within the City:

A. Places of employment;
B. Public places;
C. Common areas of multi-unit residences;
D. Retail tobacco shops; and
E. Sports arenas.
9 7.68.060 – Prohibition of smoking in unenclosed areas.

A. Except as otherwise provided in this chapter, smoking shall be prohibited in the unenclosed areas of the following places within the City:

1. Recreational areas.

2. Service areas.

3. Dining Areas.

4. Places of employment, except as permitted in subsection 7.68.060(A)(8).

5. Any private or public sidewalks.

6. Public places, except as permitted in subsection 7.68.060(A)(8).

7. Common areas of multi-unit residences, provided, however, that a person with legal control over a common area may designate a portion of the unenclosed area of the common area as a designated smoking area if the area:
a. Is located a reasonable distance from any unit or enclosed area where smoking is prohibited by this chapter or other law; by binding agreement relating to the ownership, occupancy, or use of real property; or by designation of a person with legal control over the property. A person with legal control over a designated smoking area may be obliged to modify, relocate, or eliminate it as laws change, as binding agreements are created, and as nonsmoking areas on neighboring property are established;
b. Does not include, and is a reasonable distance from, unenclosed areas primarily used by children and unenclosed areas with improvements that facilitate physical activity including, for example, playgrounds, tennis courts, swimming pools, school campuses, and sandboxes;
c. Is no more than 10 percent of the total unenclosed area of the multi-unit residence for which it is designated;
d. Has a clearly marked perimeter;
e. Is identified by conspicuous signs;
f. Is completely within an unenclosed area; and
g. Does not overlap with any enclosed or unenclosed area in which smoking is otherwise prohibited by this chapter or other provisions of this code, state law, or federal law.

8. Common areas of commercial properties, provided, however, that a person with legal control over a common area may designate a portion of the unenclosed area of the common area as a designated smoking area if the area:
10 a. Is located a reasonable distance from any enclosed area where smoking is prohibited by this chapter or other law; by binding agreement relating to the ownership, occupancy, or use of real property; or by designation of a person with legal control over the property. A person with legal control over a designated smoking area may be obliged to modify, relocate, or eliminate it as laws change, as binding agreements are created, and as nonsmoking areas on neighboring property are established;
b. Does not include, and is a reasonable distance from, unenclosed areas primarily used by children and unenclosed areas with improvements that facilitate physical activity including, for example, playgrounds, tennis courts, swimming pools, school campuses, and sandboxes;
c. Is no more than 10 percent of the total unenclosed area of the commercial property for which it is designated;
d. Has a clearly marked perimeter;
e. Is identified by conspicuous signs;
f. Is completely within an unenclosed area; and
g. Does not overlap with any enclosed or unenclosed area in which smoking is otherwise prohibited by this chapter or other provisions of this code, state law, or federal law.

B. Nothing in this chapter prohibits any person, employer, or nonprofit entity with legal control over any premises from prohibiting smoking on any part of such premises, even if smoking is not otherwise prohibited in that area.

7.68.070 – Smoking optional areas.

A. Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:

1. Private detached single-family residences, except when used as a family day care or health care facility.

2. Private smokers’ lounges.

3. An enclosed place of employment which employs only the owner and no other employee, provided that:
(a) The place of employment is not a public place; and
11 (b) The place of employment does not share a ventilation system with any other enclosed place of employment or public place.

7.68.080 – Reasonable smoking distance required.

A. Smoking in all unenclosed areas shall be prohibited within a reasonable distance from any doorway, window, opening, crack, or vent into an enclosed area in which smoking is prohibited.

B. Smoking in unenclosed areas shall be prohibited within a reasonable distance from any unenclosed areas in which smoking is prohibited under Section 7.68.060.

C. The prohibitions in subsections (A) and (B) of this section shall not apply to unenclosed areas of private residential properties that are not multi-unit residences.

7.68.090 – Nonsmoking buffer zones.

A. Smoking is prohibited in adjacent unenclosed property located within 20 feet in any direction of any doorway, window, opening, or other vent into an enclosed area of a multi-unit residence.

B. Subsection (A) of this section does not apply to a person who is smoking in the restricted buffer zone area while actively passing on the way to another destination.

7.68.100 Notice and posting of signs.

A. Every landlord and homeowner association shall deliver the following, on or before the effective date of the ordinance codified in this chapter plus 90 days, to each unit of a multi-unit residence or multi-tenant non-residential premises:

1. A written notice clearly stating:
a. All units are designated nonsmoking units and smoking is illegal in a unit, including any associated exclusive-use enclosed area or unenclosed area, such as a private balcony, porch, deck, or patio, as of the effective date of the ordinance plus 90 days; and
b. Smoking in all common areas, except for specifically designated smoking areas, is a violation of this chapter as of the effective date of the ordinance codified in this chapter.

2. A copy of this chapter.

B. As of the effective date of the ordinance codified in this chapter, every landlord shall provide prospective tenants with written notice clearly stating that:
12 1. Smoking is prohibited in units, including any associated exclusive-use enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck, or patio, as of effective date of the ordinance codified in this chapter; and

2. Smoking is prohibited in all common areas, except for specifically designated smoking areas, as of effective date of ordinance codified in this chapter.

C. As of the effective date of the ordinance codified in this chapter, every seller of a unit in a multi-unit residence or a non-residential premises space shall provide prospective buyers with written notice clearly stating that:

1. Smoking is prohibited in units, including any associated exclusive-use enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck, or patio, as of the effective date of the ordinance codified in this chapter; and

2. Smoking is prohibited in all common areas, except for specifically designated smoking areas, as of the effective date of the ordinance codified in this chapter.

D. The person or persons with legal control over common areas shall post clear and unambiguous “No smoking” signs in sufficient numbers and locations in common areas where smoking is prohibited by this chapter or other law. In addition, the person or persons with legal control over the multi-unit residence shall post signs in sufficient numbers and locations in the multi-unit residence to indicate that smoking is prohibited in all units. The person or persons with legal control over the common areas shall maintain such signs. The absence of signs shall not be a defense to a violation of any provision of this chapter.

7.68.110 – Required and implied lease terms.

A. Every lease or other rental agreement for the occupancy of a unit in a multi-unit residence or multi-tenant space in a non-residential premises, entered into, renewed, or continued month to month after the effective date of the ordinance codified in this chapter, shall include the provisions set forth in subsection (B) of this section on the earliest possible date allowable by law.

B. Every lease or other rental agreement for the occupancy of a unit in a multi-unit residence or multi-tenant space in a non-residential premises, entered into, renewed, or continued month to month after the effective date of the ordinance codified in this chapter, shall be amended to include the following provisions:

1. A clause providing that as of the effective date of the ordinance codified in this chapter, it is a material breach of the agreement to knowingly or intentionally allow, or engage in, smoking in the unit, including exclusive-use areas such as balconies, porches, or patios.

2. A clause providing that it is a material breach of the agreement for tenant to knowingly and intentionally allow, or engage in, smoking in any common area of the 13 multi-unit residence or multi-tenant space in a non-residential premises other than a designated smoking area.

3. A clause providing that it is a material breach of the agreement for tenant to violate any law regulating smoking while anywhere on the property, or to knowingly and intentionally allow any other person subject to the control of the tenant to engage in such behavior.

4. A clause expressly conveying third-party beneficiary status to all occupants of the multi-unit residence or multi-tenant space in a non-residential premises as to the smoking provisions of the lease or other rental agreement.

C. Whether or not a landlord complies with subsections (A) and (B) of this section, the clauses required by those subsections shall be implied and incorporated by law into every agreement to which subsection (A) or (B) of this section apply and shall become effective as of the earliest possible date on which the landlord could have made the insertions pursuant to subsection (A) or (B) of this section.

D. A tenant who breaches, or knowingly and intentionally allows any other person subject to the control of the tenant to breach, a smoking provision of a lease or other rental agreement for the occupancy of a unit in a multi-unit residence or multi-tenant space in a non-residential premises shall be liable for the breach to (1) the landlord; and (2) any occupant of the multi-unit residence or multi-tenant space in a non-residential premises who is exposed to smoke or who suffers damages as a result of the breach. A landlord shall not be liable to any person for a tenant’s breach of smoking regulations if the landlord has fully complied with this section.

E. Failure to enforce any smoking provision required by this chapter shall not affect the right to enforce such provision in the future, nor shall a waiver of any breach constitute a waiver of any subsequent breach or a waiver of the provision itself.

7.68.120 – Nuisance.

A. The provisions of this chapter are restrictive only and establish no new rights for a person who engages in smoking. Notwithstanding (1) any provision of this chapter or of this code, (2) any failure by any person to restrict smoking under this chapter or (3) any explicit or implicit provision of this code that allows smoking in any place, nothing in this code shall be interpreted to limit any person’s legal rights under other laws with regard to smoking, including, for example, rights in nuisance, trespass, property damage, and personal injury or other legal or equitable principles.

B. For all purposes within the jurisdiction of the City, nonconsensual exposure to smoke occurring on or drifting into residential property is a nuisance, and the uninvited presence of smoke on residential property is a nuisance.

C. Pursuant to California State law, Health and Safety Code Section 11362.3, smoking cannabis is prohibited wherever smoking tobacco is prohibited. 14 D. Notwithstanding any provision to the contrary, nothing in this chapter shall be interpreted to restrict or otherwise regulate the use of a drug, device, or combination product authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.

7.68.130 – Other requirements and prohibitions.

A. No person, employer, or nonprofit entity shall knowingly permit smoking in an area which is under the legal or de facto control of that person, employer, or nonprofit entity and in which smoking is prohibited by law.

B. No person, employer, or nonprofit entity shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any right to a smoke-free environment afforded by this chapter.

C. It shall be unlawful for any person to smoke in any area where smoking is prohibited under this chapter.

7.68.140 – Penalties and enforcement.

A. The remedies provided by this chapter are cumulative and in addition to any other remedies available under this code, at law, and/or in equity.

B. Enforcement of this chapter shall be implemented by the City Manager or his/her designee and may be enforced by any peace officer or code enforcement official. Prohibition of smoking in multi-unit residences and private outdoor spaces shall be enforced by the landlord and/or tenant.

C. Notwithstanding any other provision of this chapter, a private citizen may bring legal action to enforce this Chapter.

D. Each incident of smoking in violation of this chapter is an infraction subject to

1. A fine, not exceeding $100.00 and/or 5 days of community service, for the first violation.

2. A fine, not exceeding $200.00 and/or 10 days of community service, for a second violation of this section within 1 year.

3. A fine not exceeding $500.00 and/or 15 days of community service, for a third violation or any subsequent violation of this section within one year. 15 E. Each instance of smoking in violation of this chapter shall constitute a separate violation.

For violations other than for smoking, each day of a continuing violation of this chapter shall constitute a separate violation.

7.68.150 – Other applicable laws.

This chapter shall not be interpreted or construed to permit smoking when it is otherwise restricted or prohibited by other applicable laws.

SECTION 8. Severability
If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact one or more provisions may be declared invalid.

SECTION 9. Effective Date.

This Ordinance shall take effect and be in full force and effect from and after thirty (30) days after its final passage.
16 ACTION ITEM 9.B.

DATE: April 26, 2022
TO: Mayor and Members of the City Council
FROM: Naveed Ashraf, Chief Innovation Officer & IT Director SUBJECT: VALLEJO DRAFT FIBER OPTIC MASTER PLAN 2022

RECOMMENDATION
Receive the City of Vallejo DRAFT Fiber Optic Master Plan/Digital Equity Strategy 2022 and provide direction to staff. Once adopted, the new Fiber Optic Master Plan will replace the originally adopted Fiber Optic Master Plan of 2016.

REASONS FOR RECOMMENDATION
CTC Technology & Energy have developed a new Fiber Optic Master Plan to refocus the City’s efforts beyond infrastructure to include digital inclusion considerations to match new Federal legislation.

An updated Fiber Optic Master Plan is necessary as the city aggressively pursues future dollars allocated by the State of California and the Federal Government towards the improvement of broadband. The City of Vallejo is a community with many low-investment areas that could greatly benefit from an infusion of major capital and programmatic funding to narrow the digital divide and improve access to future-proof high-speed telecommunications services. More details are discussed in the background and discussion section of this staff report.

BACKGROUND AND DISCUSSION
Since 2016, The City of Vallejo has sought to enhance fiber optic internet connectivity by using municipal dark fiber to provide direct fiber connections to businesses that are adjacent to the existing infrastructure and to expand that infrastructure to serve new businesses on Mare Island. A five-year partnership with Inyo Networks was a concrete effort to use this dark fiber in a targeted way to achieve general economic benefits for the community.

The COVID-19 pandemic exposed a host of community needs beyond economic development that stem from a lack of access to a reliable, affordable, high-speed internet. The impact of the pandemic and the intensified reliance on digital connectivity has been uneven within California, mostly falling along predictable socioeconomic and demographic lines. In order to understand how the City can pursue a more digitally equitable community, CTC Technology & Energy has developed a refreshed Fiber Optic Master Plan ("Master Plan") with a new focus on digital inclusion, detailing concrete recommendations for policies, programs, funding, and infrastructure build-outs the City can pursue over the next two years.

Additionally, the passage of the Infrastructure Investment and Jobs Act (IIJA) in 2021 created a host of new funding opportunities for public agencies to utilize in their efforts to connect their communities to high-speed internet. Prior to last year, governments were dependent upon profitability to guide infrastructure deployment, but with this new funding environment, local governments can now prioritize low-investment and lower income areas for upgraded – or in some cases new – services.

Bridging the digital divide is a multifaceted problem and therefore requires a multifaceted solution. Research for this updated Master Plan took place over the past six months and included feedback from the many

Date: April 26, 2022
Subject: VALLEJO DRAFT FIBER OPTIC MASTER PLAN 2022

Page 2 ends

relevant stakeholders and perspectives in the City, such as Touro University and the Vallejo Chamber of Commerce. Our local government experts evaluated their needs via detailed interviews, public meetings, and data sharing initiatives. The general public was polled in a broadband survey that shed light on issues of internet access and affordability, device access, and digital literacy. Private Internet Service Providers working in and nearby the City were consulted to ensure that the industry’s perspective was not lost. Combined, this body of work provides a clear picture of how the City can leverage all agents in a citywide solution.

The new Master Plan report recommends that the City of Vallejo implement changes to our broadband infrastructure, policies, and programs. These recommendations include but are not limited to: completing a fiber loop for network resiliency, providing public WiFi in certain areas, adopting an effective Dig Once ordinance, expanding geospatial data collection systems, connecting eligible households to affordable broadband and broadband subscription subsidies, and engaging with community partners to improve digital literacy.

In the immediate future, the City will be initiating an RFP process to continue provision of services on the municipal network and to further new goals that reflect the progress made over the past six years, the new funding environment, and the fundamental community value of a broadly accessible high-speed internet.

Additionally, it is recommended that the City develop campaigns and initiatives to promote current broadband affordability programs, including device distribution programs.

Although there exist inequities in virtually every city in the country, the steps outlined in the report can position the City of Vallejo to provide its citizens with the services and opportunities that we now realize are critical for full participation in a 21st Century economy.

Highlights of the Master Plan report:

Infrastructure
Deploy infrastructure in priority areas in partnership with a private provider to serve areas of low investment (areas that lack investment in fiber infrastructure) Utilize public funding from ARPA or the IIJA for last-mile connections Complete a fiber ring for the municipal dark fiber network Connect City facilities that are currently utilizing air fiber to direct fiber Provide free WiFi in certain public locations such as downtown and Waterfront Park Policy
Implement a Dig Once Ordinance
Consider requiring the installation of a conduit from new residential or commercial facilities to the nearest public street
Map all telecommunications permits into GIS; update the City’s GIS system to include current historical information about utilities and other infrastructure to improve strategic planning Programs
Partner with community-based and national organizations to promote digital literacy Promote enrollment in existing low-cost broadband services (such as Comcast Internet Essentials) and the Affordable Connectivity Program
Date: April 26, 2022
Subject: VALLEJO DRAFT FIBER OPTIC MASTER PLAN 2022

Page 3 ends

Begin Community-wide speed testing to ensure access to accurate, address-level broadband speeds for upcoming grant programs.

FISCAL IMPACT
There is no fiscal impact associated with the DRAFT Fiber Optic Master Plan.

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

ATTACHMENTS

1. DRAFT Fiber Master Plan and Digital Equity Strategy - City of Vallejo - 4.14.2022

CONTACT
Naveed Ashraf, Chief Innovation Officer & IT Director (707)-648-5200 [email protected]

DRAFT Broadband Master Plan & Digital Equity Strategy
Prepared for the City of Vallejo, California
April 26, 2022

City of Vallejo Broadband Master Plan | DRAFT | April 2022 ii
Contents
1 Executive summary 1

1.1 Project goals and objectives 2

1.2 State and federal funding opportunities 2

1.3 Recommendations on infrastructure, policy, and programs 4

1.4 Implementation status of previous recommendations 5

1.4.1 Complete backbone loops 5

1.4.2 Build network extensions to high-value facilities and interconnect with outside networks 6

1.4.3 Develop pilot projects 6

1.4.4 Continue discussions with potential partners 6

1.4.5 Develop a joint trench rights-of-way management ordinance 7

1.4.6 Previously recommended partnerships 7
2 What is digital equity? 9
3 Assessment of local broadband environment 11

3.1 Residential broadband assessment 11

3.1.1 Fiber availability and pricing 12

3.1.2 Cable availability and pricing 15

3.1.3 DSL availability and pricing 18

3.1.4 Fixed wireless availability and pricing 23

3.2 Market assessment 25
4 Inventory of City’s conduit and fiber 31
5 Public-private partnership models 34

5.1 Model 1: Smart City Model 35

5.2 Model 1A: Limited Smart City Model 35

5.3 Model 2 (Recommended): Citywide Commitment Model 35

5.4 Model 3: Neighborhood Model 36

5.5 Model 4: Subsidy Model 36
6 System-level design and cost estimate for a City network 38 City of Vallejo Broadband Master Plan | DRAFT | April 2022 iii

6.1 Expanding the City’s fiber network to create a resilient ring would cost approximately $700,000 39

6.2 Connecting key City Locations to fiber would cost approximately $461,400 40

6.3 Connecting businesses and institutions seeking service would cost an estimated $TBD (pending final analysis) 43

6.4 A citywide fiber-to-the-premises network would cost an estimated $64 million to $112 million 44

6.4.1 Network architecture 46

6.4.2 Assumptions and criteria 48

6.4.3 Deployment costs for a citywide network 51
7 Policy and process recommendations 55

7.1 Dig Once ordinance 55

7.2 Permitting process and fees 56

7.3 GIS integration 57

7.4 Engagement with the private sector 58

7.5 Interconnections with neighboring cities and regional efforts 59 8 Programmatic recommendations 60

8.1 Digital literacy 60

8.1.1 Senior Planet 61

8.1.2 Ability Now Bay Area 61

8.1.3 EveryoneOn 61

8.1.4 Digital Literacy Rocks! 61

8.1.5 Tech Exchange 61

8.1.6 Human-i-t 61

8.1.7 Internet for All Now 61

8.1.8 Workforce Development Board of Solano County 62

8.1.9 Solano County Library 62

8.2 Broadband affordability 62

8.2.1 Service provider affordability programs 62

8.2.2 California LifeLine Program 64

8.2.3 Federal Affordable Connectivity Program Outreach Funding 66

8.3 Broadband speed testing 67
City of Vallejo Broadband Master Plan | DRAFT | April 2022 iv
9 Federal and State funding opportunities 68

9.1 Federal funding 68

9.1.1 Infrastructure Investment and Jobs Act 68

9.1.2 American Rescue Plan Act 74

9.2 State of California funding 77

9.2.1 California Advanced Services Fund (Public Utilities Code Section 281) 77

9.2.2 Other CPUC programs 81
Appendix A: Enterprise Broadband Services (2016 analysis) 83 Dark fiber services 83
Integra Telecom 83
Level 3 84
Zayo 85
Lit services 86
Types of services available 86
Providers and sample pricing 87
Appendix B: Small business broadband products 91
10 Appendix C: Model Dig Once ordinance 93
11 Appendix D: Shadow conduit specifications 101

City of Vallejo Broadband Master Plan | DRAFT | April 2022 v
Figures
Figure 1: Fiber Coverage (AT&T) .......................................................................................................................... 13 Figure 2: Residential cable providers in Vallejo .................................................................................................... 16 Figure 3: Residential DSL services in Vallejo ......................................................................................................... 19 Figure 4: Advertised DSL download speeds .......................................................................................................... 22 Figure 5: Residential fixed wireless coverage (TMobile) ....................................................................................... 24 Figure 6: Low-investment areas ........................................................................................................................... 26 Figure 7: Low-investment areas and poverty levels in Vallejo .............................................................................. 27 Figure 8: Percentage of population with a computer ........................................................................................... 29 Figure 9: Total enrolled households in the Emergency Broadband Benefit Program ............................................ 30 Figure 10: Existing fiber and conduit routes ......................................................................................................... 33 Figure 11: Candidate backbone fiber segments.................................................................................................... 40 Figure 12: City Locations ...................................................................................................................................... 42 Figure 13: Candidate fiber connections ................................................................................................................ 43 Figure 14: High-level fiber-to-the-premises architecture...................................................................................... 46 Figure 15: GPON fiber network with a buried service drop .................................................................................. 48 Figure 16: Conceptual design for the fiber-to-the-premises network ................................................................... 50 Figure 17: High-level fiber-to-the-premises architecture and components .......................................................... 51 Figure 18: Integra Telecom network map ............................................................................................................ 84 Figure 19: Level 3 dark fiber routes ...................................................................................................................... 85 Figure 20: Zayo fiber map .................................................................................................................................... 86

Tables
Table 1: Fiber services offered by AT&T in Vallejo ............................................................................................... 14 Table 2: Cable services offered by Comcast in Vallejo .......................................................................................... 17 Table 3: DSL services offered by AT&T in Vallejo.................................................................................................. 20 City of Vallejo Broadband Master Plan | DRAFT | April 2022 vi
Table 4: DSL services offered by Sonic in Vallejo .................................................................................................. 21 Table 5: Wireless services offered by T-Mobile in Vallejo .................................................................................... 23 Table 6: Estimated capital cost to build fiber to 12 City-owned locations ............................................................ 41 Table 7: DRAFT Estimated cost to connect facilities to fiber ................................................................................. 43 Table 8: Estimated capital cost for fiber-to-the-premises network ...................................................................... 45 Table 9: Estimated make-ready costs ................................................................................................................... 49 Table : Estimated capital cost for citywide backbone and distribution plan (70 percent aerial, 30 percent underground construction) ......................................................................................................................... 53 Table 11: Estimated capital cost for citywide backbone and distribution plan (100 percent underground construction) .............................................................................................................................................. 54 Table : Incumbent Sample Monthly Pricing .......................................................................................................... 87 Table : AT&T OPT-E-MAN Service Transport Pricing to CALNET 3 ......................................................................... 88 Table : Sample Zayo Pricing – 10 Gbps Ethernet Transport (Excluding DIA) in San Francisco ................................ 89 Table : Sample Zayo Pricing – 1 Gbps Ethernet Transport (Excluding DIA) in San Francisco .................................. 90 Table : Sample Zayo Pricing – 10 Gbps DIA in San Francisco ................................................................................. 90 Table : Sample Zayo Pricing – 1 Gbps DIA in San Francisco ................................................................................... 90 Table 18: Comcast Small Business Internet Packages ........................................................................................... 91 Table 19: AT&T Small Business Internet Packages................................................................................................ 91

City of Vallejo Broadband Master Plan | DRAFT | April 2022 1 1 Executive summary
The City of Vallejo has actively sought to enhance high-speed broadband internet connectivity by using municipal dark fiber to serve local businesses downtown and on Mare Island . A five-year partnership with the telecommunications company Inyo Networks was a concrete effort to use this dark fiber in a targeted way to deliver general economic benefits to the community.

But the Covid-19 pandemic exposed a host of community needs beyond economic development that stem from a lack of access to reliable, affordable high-speed internet. During the pandemic, residents’ need for broadband suddenly became clear, whether it was remote workers or students trying to participate in online educational activities, the limitations of existing broadband infrastructure became apparent. The impact of the pandemic and the intensified reliance on digital connectivity has been uneven within California, mostly falling along predictable socioeconomic and demographic lines.

Throughout the country, this digital divide manifests in many ways such as limited availability of broadband1 infrastructure, or lack of devices to connect to that infrastr ucture. Digital equity is not a single issue but rather a series of challenges. In an effort to surmount these challenges since the start of the Covid pandemic, State and federal policy makers have been working over the past two years to provide policy, de finitions, and funding to enable localities to better serve their residents.

This update to the City of Vallejo ’s Broadband Master Plan (originally prepared in 2016 by the City’s independent broadband consultants, CTC Technology & Energy ) addresses broadband in the City of Vallejo through the lens of digital equity. To prepare this update , CTC analyzed the current state of reliable high -speed internet connection s in the City in terms of access to infrastructure, affordability, access to devices, digital literacy, and training . Those data and insights informed the development of actionable recommendations, including identification of potential federal and State funding sources that might enable Vallejo to address its community’s needs.

1 The FCC has long defined a broadband internet connection as an always -on connection achieving speeds of at least 25 Mbps download and 3 Mbps upload (25/3). The Infrastructure Investment and Jobs Act defines a location as “unserved” if it cannot access broadband service of at least 25/3 (Section 60102 – Grants for Broadband Deployment). The Digital Equity Act of 2021, which was part of the Infrastructure Investment and Jobs Act, considers any speeds less than 100 Mbps download/20 Mbps upload as “underserved” (Section 60302 – Definitions). IIJA, https://www.congress.gov/117/plaws/publ58/PLAW-117publ58.pdf (accessed April 14, 2022).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 2 1.1 Project goals and objectives
Based on input from City Council members, City staff, and local stakeholders , the overall goals for this project encompass the following:
• Closing the digital divide: recommending opportunities to develop community resources to help all Vallejo residents connect to the internet via comparable, high -speed connections.
• Increasing competition: helping the City to utilize existing resources and encourage new partnerships to bring more ISPs’ networks and services to the City. • Maximizing the use of City assets: recognizing the work the City has already accomplished over the past five years and building on that work to ensure that City assets (e.g., data connections to municipal facilities, municipal fiber locations, and existing conduit) are part of a comprehensive connectivity strategy.

1.2 State and federal funding opportunities
Historically, most efforts by local governments to develop broadband infrastructure —including efforts by the City of Vallejo —have primarily focused on business opportunities and economic development with an eye toward General Fund revenues. The needs of the broader community were often secondary to these considerations as public agencies were largely dependent on investment by the private sector to build new broadband infrastructure: ISPs developed new projects based on their projected return on investment (within a truncated time horizon) rather than on community needs, and these considerations led to improved connectivity in areas where residents could afford the high costs of services necessary for such returns.

Recently, an emerging focus on public sector funding has enabled governments to consider broadband infrastructure projects in areas where residents’ needs are the greatest. For example, in early 2021, Congress passed the American Rescue Plan Act (ARPA)2 which, via the Coronavirus State and Local Fiscal Recovery Fund (SLFRF) , will provide state and local governments with funding to develop or improve access to high-speed internet (among other functions).

2 American Rescue Plan Act of 2021, Public Law 117-2, Title IX, Subtitle M,§ 9901 (March 11, 2021) (adding State and Local Fiscal Recovery Funds and Capital Projects Fund), https://www.congress.gov/117/plaws/publ2/PLAW- 117publ2.pdf (accessed April 13, 2022).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 3 In late 2021 Congress went a step further with passage of the Infrastructure Investment and Jobs Act (IIJA)3 which specifically defines the problems encompassed by the digital divide along the following axes:
• Access
• Affordability
• Devices
• Digital literacy
• Training
The IIJA refers to efforts to surmount these obstacles as “digital inclusion” with the goal being “digital equity” throughout the community. While the City of Vallejo has had a Broadband Master Plan, the national broadband conversation has shifted since it was first adopted: Rather than focusing on General Fund revenues or economic development , it is now largely a conversation about digital equity for all residents.

The Digital Equity Act of 2021 (part of the IIJA) directly discusses the nuances of digital equity and equips jurisdictions to address their needs by funding digital skills training and data collection initiatives.4 In the IIJA, too, Congress established a series of funding programs to address equity through deployment of infrastructure to areas that are unserved or underserved .5 These programs include the Broadband Equity, Access, and Deployment (BEAD) Program , which will invest an unprecedented $42 billion toward closing the digital divide .6 These new source s of funding are discussed in detail in Section 9.1.

The State of California has similarly addressed issues relating to broadband access by allocating a portion of the State’s share of SLFRF funding to support infrastructure development in areas of need. As part of the State’s 2021/22 spending plan, the administration and the Legislature agreed to spend $6 billion ($1.7 billion General Fund) over three fiscal years (starting in 2021) on

3 Infrastructure Investment and Jobs Act of 2021, Public Law 117-58, Division F – Broadband (November 15, 2021), https://www.congress.gov/117/plaws/publ58/PLAW-117publ58.pdf (accessed April 13, 2022). 4 Infrastructure Investment and Jobs Act, Public Law 117-58, Division F, Title III §§ 60301 et seq., (Digital Equity Act of 2021), https://www.congress.gov/117/plaws/publ58/PLAW-117publ58.pdf (accessed April 13, 2022). 5 The Digital Equity Act of 2021 defines unserved communities as those with connections slower than the FCC standard of 25 Mbps download and 3 Mbps upload. Further, it defines underserved communities as those with connections slower than 100 Mbps download and 25 Mbps upload. 6 Infrastructure Investment and Jobs Act, Division F, Title I, §§ 60101-60105 (Broadband, Equity and Access Deployment program), 2021, https://www.congress.gov/117/plaws/publ58/PLAW-117publ58.pdf (accessed April 13, 2022).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 4 broadband infrastructure. 7 This funding has been directed to support statewide investment in middle-mile and last-mile infrastructure.

To ensure that the benefits of this investment are effectively distributed to support unserved areas statewide, last-mile funding is being earmarked specifically for eligible broadband projects in each county.8 The California Public Utilities Commission (CPUC) is currently considering draft rules to implement this statutory distribution and has proposed that it will distribute just over $17 million for projects in Solano County that meet the State’s criteria (see Section 9.2.1 for further discussion). 9 The City of Vallejo allocated $2.5 million of its initial SLFRF funding to broadband projects such as public Wi-Fi and various fiber projects.

This abundance of funding coincides with the expiration of the City’s contract with Inyo Networks to provide enterprise internet services . The City will be initiating an RFP process to continue provision of services on the municipal network and to further new goals that reflect the progress made over the past six years , the new funding environment, and the fundamental community value of widely accessible broadband. In addition to making recommendations based on best practices for process and programmatic improvements, this report makes recommendations for a project to be considered in the upcoming RFP.

1.3 Recommendations on infrastructure, policy, and programs This report makes the following recommendations based on the goals established by City officials and the data and analysis developed during this project. The recommendations relate to the following categories:
• Broadband infrastructure: The City should consider connecting all municipal facilities to fiber; completing a fiber loop for redundancy and network stability ; installing public Wi- Fi in select locations; and extending municipal fiber assets to new parts of the community, including a fiber to the premises (FTTP) network. These recommendations are discussed in detail in Section Error! Reference source not found.. • Policy: The City should consider adopting a Dig Once ordinance and various permit process improvements to facilitate broadband infrastructure project development in the

7 California Legislative Analyst ’s Office, “The 2021-22 Budget: Overview of the Spending Plan ,” August 2021, page 15, https://lao.ca.gov/reports/2021/4448/2021-Spending-Plan-102721.pdf (accessed March 30, 2022). 8 See, SB4, Chapter 671 (October 8, 2021), revising Pub. Util. Code Section 281, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PUC&sectionNum=281 (accessed March 31, 2022).
9 California Public Utilities Commission, Docket R.20-09-001, Proposed Decision of Commissioner Alice Reynolds Adopting Federal Funding Account Rules, issued March 2, 2022, https://docs.cpuc.ca.gov/PublishedDocs/Published/G000/M466/K763/466763362.PDF .

City of Vallejo Broadband Master Plan | DRAFT | April 2022 5 City. Additionally, the City should consider expanding collection of geospatial data related to current infrastructure assets and improving internal and external communication. See Section 7 for more details.
• Programs: Digital inclusion encompasses a host of efforts that are not directly related to infrastructure. The City should consider broadening its efforts to help residents who are facing barriers to adopting broadband. These approaches include offering digital literacy training and enrolling eligible households in device or internet subscription subsidy programs. These programmatic recommendations would best be designed and implemented with community partners. See Section 8 for specific recommendations on programs and potential partners.

1.4 Implementation status of previous recommendations
The City’s 2016 Broadband Master Plan10 made a series of recommendations, including that the City consider using its existing traffic signal fiber network to deliver high -speed internet to promote economic development. That plan also included recommendations to improve network stability and to incorporate best practices into the City’s fiber management operations.

Following the delivery of that report, t he City initiated an RFP process to identify a vendor that would deliver and expand service on the municipal dark fiber network ; the City entered into an agreement with Inyo Networks. While the City considered the other recommendations in the 2016 plan , no formal action was taken and most of those recommendations have not been implemented.

The following sections summarize the status of the 2016 plan’s recommendations.

1.4.1 Complete backbone loops
The 2016 Broadband Master Plan estimated that approximately 2.7 miles of conduit would be needed—at a total estimated cost of $470,000—to complete a fully diverse ring around the City.

Such rings would minimize single points of failure on the network. The City should consider completing diverse routes to increase reliability of City services and offer robust connectivity to potential institutional and enterprise users. The City has not implemented thi s project ; this recommendation is addressed in Section 5.

10 The 2016 Broadband Master Plan is available on the City’s website:
https://www.myvallejo.com/broadband/widgets/40763/documents (accessed April 13, 2022).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 6 1.4.2 Build network extensions to high-value facilities and interconnect with outside networks
The 2016 Broadband Master Plan recommended connecting to a few City locations that were not connected to fiber by extending the current City fiber network if justified by the business case.

Some of these sites appear to have been subsequently connected with what the City calls “ air fiber” (i.e., a point-to-point wireless connection supported by the municipal dark fiber).

As part of that prior process, t he City also identified several potential users and had discussions and received questionnaire responses. The City should consider connecting to institutions and enterprises that require services and that can provide funding to connect their locations to conduit and subscribe to a high -value ser vice (1 Gbps symmetrical or greater). Our recommendation was that the City could potentially maintain and operate a small-scale network with an upgrade of its City Hall facility and by contracting out monitoring and repair to a network manager. We suggested an alternate approach that would have been to provide dark fiber to a private partner, which in turn would provide services. As discussed, the City has not expanded its fiber facilities, but it has worked with a private partner to use the infrastructure for its own service delivery.

1.4.3 Develop pilot projects
The 2016 Broadband Master Plan recommended the City consider pilot projects to demonstrate the feasibility of providing services to City agencies over fiber, as well as to other institutions, and to potential grant funders. Further, the plan recommended the City focus these efforts on the most enthusiastic potential customers.

Representatives of Touro University California , a private nonprofit graduate univ ersity on Mare Island in Vallejo, stated that th e University would be interested in connecting immediately.

Although this connection was not provided, the University remains interested in a partnership .

However, they are currently contracted with another ISP and any future agreements would need to be discussed after the conclusion of that contract.

We further recommended continued discussions with Integra Telecom regarding the cost and terms of a connection through a PG&E substation and other potential connections to the internet backbone. The City has since connected to the internet backbone via a Zayo circuit, which resolved this gap in the network.

1.4.4 Continue discussions with potential partners
The 2016 Broadband Master Plan recommended continuing discussions with commercial ISPs (including Integra Telecom) to determine the cost and feasibility of connections within and outside of Vallejo and determining options for partnership and monetization of the conduit resources. We are unaware of these conversations having transpired.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 7 We also recommend ed continuing discussions with Island Energy to gain access to conduit on Mare Island and commencing discussions with Lennar to gain access to its conduit on Mare Island.

The City currently has an agreement with Mare Island Energy to utilize conduit on Mare Island for dark fiber.

1.4.5 Develop a joint trench rights-of-way management ordinance The 2016 Broadband Master Plan recommended the City modify its right -of-way ordinance to provide the City with the option of placing conduit on routes where utilities are performing excavation. We further recommended the ordinance include all excavators, including non - communications and City utilities. To our knowledge th e City has a policy in place to notify interested parties of upcoming right-of-way work, but a so-called Dig Once ordinance was not enacted. We discuss this recommendation further in Section 7.1.

1.4.6 Previously recommended partnerships
The 2016 Broadband Master Plan recommended the City engage with Integra Telecom and Sonic to explore the possibility of developing public-private partnerships. A subsequent RFP released by the City resulted in the selection of Inyo Networks, which proceeded under contract with the City to provide internet service to 72 businesses utilizing the City’s dark fiber network.

1.4.6.1 Integra Telecom
The 2016 Broadband Master Plan recommended that pursuing a partnership with Integra should include the following:
• The City should explore locations where a carrier distribution and aggregation PoP could be established (City Hall and the Emergency Operations Center were identified as possibilities).
• The City should discuss Integra’s regional plans with neighboring cities. • CTC could work with the City to coordinate grant opportunities with CENIC and CA Telehealth as a potential cross -constituent demonstration project, given Kaiser Permanente’s interest.

This recommendation was not pursued by the City.

1.4.6.2 Sonic
Sonic indicated in 2016 that the absence of extensive last -mile conduit to residential areas in Vallejo made it unlikely that Sonic would be interested in a partnership with the City. Ho wever, the 2016 Broadband Master Plan recommended that the City stay in contact with Sonic in the event that the company became interested in selling services to customers over City fiber, as it does currently over AT&T copper lines.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 8 To our knowledge these conversations did not occur , although CTC recognizes that the City’s subsequent contract with Inyo Networks may have impacted any opportunity to work with Sonic in this capacity.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 9 2 What is digital equity?
Digital equity is “the condition in which individua ls and communities have the information technology capacity that is needed for full participation in the society and economy of the United States.”11 Broadly speaking, it means all residents have broadband services sufficient for their daily needs.

The Covid-19 pandemic—and particularly the need to adapt to remote education and, for many, online work—highlighted gaps in digital equity nationwide. These gaps are often referred to as the “digital divide,” which is most pronounced among “households with low income, people living with disabilities, people in rural areas, and older adults.”12 Data and insights gathered during the preparation of this report (including input from City Council members, stakeholders, and community organizations) indicate that the City of Vallejo has a digital divide. The need for better access to high-speed internet has remained a prominent community concern in Vallejo.

The recent passage of the IIJA has codified a definition of digital equity,13 giving it specific features that can be used to evaluate communities and identify specific impediments . This definition informs the recommendations discussed below. Further, the federal statute defines a path to digital equity, which includes the process and activities necessary to achieve digital equity.

Under the IIJA, digital inclusion encompasses the following features:14

1. Access: the availability of infrastructure capable of reliably delivering data sufficient for participation in common online activities such as bill paying and streaming video

2. Affordability: where infrastructure exists, ensuring that users can pay for the service

3. Devices: an internet-enabled device that meets the needs of the user

4. Digital literacy: skills necessary to navigate the internet successfully and safely

5. Training and technical support: technical training for using devices and support for maintaining those devices
The law further stipulates the populations that should be considered when developing strategies to achieve digital equity:

11 Infrastructure Investment and Jobs Act, Title III USC § 60301 et seq., 2021, https://www.congress.gov/117/plaws/publ58/PLAW-117publ58.pdf (accessed April 13, 2022). 12 National Digital Inclusion Alliance, “Definitions,” www.digitalinclusion.org/definitions (accessed April 13, 2022). 13 Infrastructure Investment and Jobs Act, Title III USC § 60301 et seq., 2021, https://www.congress.gov/117/plaws/publ58/PLAW-117publ58.pdf (accessed April 13, 2022). 14 Infrastructure Investment and Jobs Act.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 10 • Seniors
• English language learners and individuals who struggle with literacy • People living with disabilities
• People living below 150 percent of the federal poverty level • Incarcerated individuals
• People living in predominantly rural areas
• Members of a racial or ethnic minority group
• Veterans
This Broadband Master Plan maps community needs along these axes and makes recommendations to achieve digital equity in the community —in part by aligning the City’s efforts with future funding opportunities. For example, the IIJA allocated more than $2 billion for states to develop and implement digital equity plans (see Section 9); by defining its needs and developing strategies for addressing those barriers, Vallejo will be better positioned to use those funds.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 11 3 Assessment of local broadband environment
As directed by the City, this report focuses on the residential broadband market. Due to the equity focus of both federal and State funding opportunities , this analysis is intended to direct the City’s efforts to improve access for the broader c ommunity based on unmet needs . The discussion of enterprise services from the 2016 Broadband Master Plan is included in Appendix A; an additional overview of small business broadband services is in Appendix B.

3.1 Residential broadband assessment
This market assessment process involves several streams of data collection and analysis to understand where fiber, cable, digital subscriber line (DSL), and wireless networks exist ; what services and pricing are available to consumers ; and how those factors cor relate with demographic patterns.

The Federal Communications Commission’s (FCC) Form 477 data is the foundation of the analysis of residential network footprints within the City —with the understanding that Form 477 data represent a best-case scenario. ISPs self-report to the FCC biannually. These data are presented at the census block level, and the FCC considers a census block served by broadband if just one of the premises in the block could be served. The data thus tend to overestimate service availability, especially in less populated areas where one census block can span many square miles.

FCC service data are also inconsistent for unpopulated areas such as parks or wildlife reserves.

For example, if an ISP has extended service to a single visitors’ ce nter or building, FCC data may show a large unserved area around that location as being served.

While the data’s flaws are significant, Form 477 represents the most comprehensive national data set for understanding broadband availability and investment pa tterns. It is important to note, too, that the FCC recognizes these flaws and is in the process of updating its mapping methodologies.15 Federal broadband mapping should thus more closely reflect the “on -the- ground" situation within the next nine to 12 months.

In addition, to understand the current service offerings available to Vallejo residents, a market assessment was conducted between December 2021 and January 2022 . This process of researching the service offerings of ISPs operating in Vallejo included online and phone

15 See December 8, 2021, letter from FCC Chairwoman Rosenworcel to Representative Spartz regarding implementation of the Broadband DATA Act, https://docs.fcc.gov/public/attachments/DOC-378743A1.pdf (accessed April 13, 2022); see also statements made by Chairwoman Rosenworcel at her November 17, 2021, Senate confirmation hearing acknowledging the work to be done to create more reliable mapping and data on served households, https://www.commerce.senate.gov/2021/11/executive-session-and-nominations-hearing (accessed April 13, 2022).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 12 conversations with representatives of ISPs to collect market data on residential broadband pricing, availability, and level of competition in the area. Leaving aside satellite providers, which do not provide consistent or adequate residential broadband speeds or service quality, there are four main residential broadband ISPs in the City:
• AT&T offers DSL services through almost all of Vallejo, as well as fiber services in select areas.
• Comcast is the dominant cable provider and serves nearly the entire City. • Sonic provides DSL services in scattered areas of downtown Vallejo. • T-Mobile offers its wireless Home 5G service throughout some of the City.

CTC randomly selected residential addresses in respective providers’ service areas to determine available service offerings and advertised pricing and terms.

3.1.1 Fiber availability and pricing
Fiber cables have enormous bandwidth capacity, which enables operators to offer symmetrical download and upload spe eds. Once a premise s is connected to fiber, there is no need for significant outside plant infrastructure investment for decades. If more bandwidth is needed, the operator need only upgrade the network electronics,16 rather than having to replace the cables.

This makes fiber networks significantly more scalable and future -proof than alternative infrastructures.

The initial data showed three fiber providers in Vallejo: AT&T, Inyo Networks, and Valley Internet.

Valley Internet customer service representatives stated that the company does not currently offer residential broadband services in Vallejo. Valley may have been represented in the Form 477 data because ISPs are asked to indicate areas where they do or could offer service.17 This can sometimes result in an ISP indicating a small area where they may have assets as “served,” despite not actively providing services. Form 477 data show that Inyo Networks has a small and scattered service area in Vallejo, and serves enterprise customers rather than residents. .

The remaining fiber provider is AT&T, which reports residential fiber services in significant areas of Vallejo, including a large portion of the southeastern part of the City and other scattered pockets. AT&T’s residential fiber service area can be seen in Figure 1.

16 Note that high-speed network electronics are already relatively affordable, and the prices continue to rapidly decrease.
17 Federal Communications Commission, “Fixed Broadband Deployment Data from FCC Form 477,” https://www.fcc.gov/general/broadband-deployment-data-fcc-form-477 (accessed January 6, 2022).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 13 Figure 1: Fiber Coverage (AT&T)

Research finds that AT&T offers three fiber broadband products in addition to Access from AT&T, its low-cost program that is only open to qualifying customers and may be either a fiber or DSL service depending on the customer’s location.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 14 For its typical plans, AT&T reported that there is no contract term and no rate increase after an initial 12 -month period. A $5 monthly discount is available if the customer enrolls in both paperless billing and autopay.

Table 1: Fiber services offered by AT&T in Vallejo
Service
Advertised
upload/download
speeds
Monthly
price (non-
promotional)
Notes
Access from
AT&T
10 Mbps
(temporary
upgrades to 25
Mbps available)
Up to $10 Equipment included; data cap may
apply
Access from
AT&T 100 Mbps $30
Unlimited data allowance; only
available in limited parts of AT&T
territory.

Internet 300 300/300 Mbps $60 Equipment included; installation fee may apply
Internet 500 500/500 Mbps $70 Equipment included; installation fee may apply
Internet 1000 940/880 Mbps $85 Equipment included; installation fee may apply

Access from AT&T provides residential wireline service up to 100 Mbps for up to $30 per month, depending on the level of service available at the home. In some locations, plans can be as low as $10 for 10 Mbps download. There are no advertised minimum upload speeds. AT&T is currently offering temporary upgrades to 25 Mbps where available. The program includes free installation and equipment and does not require a contract or deposit. Depending on the type of service available at the address, households are limited to a monthly data allowance of either 150 gigabytes or 1 terabyte and are charged $10 per 50 GB overage.18 Households are eligible if they participate in the Affordable Care Program, Supplemental Nutrition Assistance Program (SNAP) or Supplemental Security Income (SSI) for California households only. AT&T also extends eligibility to include households at 200 percent or less of the federal poverty line, and those participating in the National School Lunch Program (NSLP).19

18 AT&T, “Access from AT&T,” https://www.att.com/internet/access/ (accessed April 4, 2022). 19 AT&T, “AT&T Access,” https://www.att.com/internet/access/ and “New ‘Access from AT&T’ Plan + New Federal Benefit = Free Internet,” https://about.att.com/story/2022/new-access-plan-plus-new-federal-benefit.html (accessed April 4, 2022.)
City of Vallejo Broadband Master Plan | DRAFT | April 2022 15 3.1.2 Cable availability and pricing
Cable broadband technology is a primary means of providing broadband services to homes and businesses in most of the United States. Coaxial cables were originally designed to provide video services and were sufficient in the early years of data communications when usage was low.

However, as demand for data capacity increased, coaxial networks became insufficient to support high-speed services forcing cable companies to upgrade their networks to fiber.

As seen in Figure 2, Comcast is the dominant cable provider in Vallejo, serving nearly the entire City. Wave also reports serving a single block ; that claim could not be verified, and it is unlikely given the size of their reported service area.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 16 Figure 2: Residential cable providers in Vallejo

City of Vallejo Broadband Master Plan | DRAFT | April 2022 17 Comcast offers seven plans, plus two options for their low-cost Internet Essentials service. Gigabit Pro is the only plan for which Comcast requires a contract, however lower monthly prices are available with a contract commitment for each plan. Additionally, Comcast offers lo wer introductory prices that are scheduled to increase following 12 months of service. Even lower first-year prices are offered with a one -year contract. Equipment prices are not included in the monthly service charge, and customers may face a fee to have equipment shipped to them when they begin service.

Table 2: Cable services offered by Comcast in Vallejo
Service
Advertised
Upload/Download
Speeds
Monthly Price
(non-
promotional)
Notes
Internet
Essentials 50/5 Mbps $9.95 See information below for more about this program
Connect 50/10 Mbps $60
$29.99/month for the first 12 months
and $44.99/month for the next 12
months
Internet
Essentials Plus 100/10 Mbps $29.99 See information below for more about this program
Connect More 100/10 Mbps $70 $49.99/ month for the first 12 months Fast 300/10 Mbps $80 $59.99/ month for the first 12 months Superfast 600/20 Mbps $90 $60/ month for the first 24 months Ultrafast 900/20 Mbps $100 $70/ month for the first 24 months Gigabit 1200/35 Mbps $110 $80/ month for the first 24 months Gigabit Pro 3000/3000 Mbps $299.95 No promotional rate

Comcast’s offerings include Internet Essentials, a low -cost program for eligible households. 20 Eligible low -income customers pay $9.95 per month for a wired internet connection with equipment included. In early 2021, Comcast announced it was increasing the speed of this service to 50 Mbps download, 5 Mbps upload.21 And it now offers “Internet Essentials Plus” – a 100 Mbps download, 10 Mbps upload product for $29.99, which is designed to maximize the subsidy offered by the FCC’s Affordable Connectivity Program.22

20 Comcast, “Internet Essentials,” https://www.internetessentials.com/ (accessed April 13, 2022). 21 Comcast, https://www.internetessentials.com/covid19 (accessed March 30, 2022). 22 Comcast, https://www.internetessentials.com/ (accessed April 13, 2022); see also, Comcast’s information regarding the ACP available at https://www.xfinity.com/learn/internet-service/ebb (accessed April 4, 2022).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 18 Comcast has gradually expanded eligibility for its Internet Essential programs to the following groups:23

1. Families that have a child who qualifies for the National School Lunch Program (NSLP)

2. Families that receive HUD housing assistance

3. Low-income veterans who receive federal or state public assistance

4. Families who qualify for Medicaid or Supplemental Nutrition Assistance Program (SNAP) benefits

5. Families who are eligible for Temporary Assistance for Needy Families (TANF) , the Low- Income Home Energy Assistance Program (LIHEAP) , the Women, Infants, and Children (WIC) program, or Tribal assistance

6. Families who have a family member who qualifies for Supplemental Security Income (SSI) Even with the expanded eligibility requirements, however, Comcast stipulates that a customer of the Internet Essentials program must not have received service from Comcast within the past 90 days.24 This makes it difficult for people who were already paying for service to switch to the more affordable Internet Essentials plan (for example, if a job loss means that a customer now qualifies for the lower-cost service).

3.1.3 DSL availability and pricing
During the last century, phone companies connected virtually every home and business in the U.S. to a strand of copper wire. Copper has a fraction of the bandwidth capacity of coaxial cable and suffers from greater signal loss and interference—but because of the ubiquity of copper, DSL technology that provides broadband service over copper phone lines has been an important way for people to connect to the internet.

In some scenarios, DSL operators can o ffer speeds that fit the FCC’s definition of broadband.

However, while DSL has been an impressive retrofit of existing infrastructure, copper cable is reaching its physical limitations as a broadband medium and will not be able to meet future bandwidth needs.

Both AT&T and Sonic offer DSL services in Vallejo, as seen in Figure 3. AT&T claims to cover nearly the entire City, while Sonic offers services in scattered areas throughout downtown Vallejo.

23 Comcast, “Internet Essentials,” https://www.internetessentials.com/ (accessed September 2021). 24 Comcast, “Internet Essentials: Things to Know,”
https://www.internetessentials.com/covid19#thingstoknow&all_AmIeligiblefo rIE (accessed March 30, 2022).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 19 Figure 3: Residential DSL services in Vallejo

City of Vallejo Broadband Master Plan | DRAFT | April 2022 20 In addition to the fiber -based services discussed above, AT&T offers its AT&T Internet DSL product in Vallejo, which is a hybrid copper-fiber service.25 This product is slightly different than the cable and fiber products discussed previously, as AT&T offers only a single speed and rate for its AT&T Internet service that reflects the technical capabilities available to that premises. The pricing and terms for this service are consistent throughout the City, but the advertised speeds vary on an address-level based on the distance of the premises from an aggregation point within AT&T’s network . Table 3 offers a sample of the service speeds offered at a variety of Vallejo addresses. Most plans also include a data cap of one terabyte per month, with a $10 charge per 50 gigabyte overage.

Table 3: DSL services offered by AT&T in Vallejo
Service
Advertised
upload/download
speeds
Monthly price
(non-
promotional)
Notes
Internet 18 18/1.5 $60 Equipment included; installation costs may apply; data cap may apply
Internet 25 25/2-5 $60 Equipment included; installation costs may apply; data cap may apply
Internet 50 50/10 $60 Equipment included; installation
costs may apply; data cap may apply
Internet 75 75/8-20 $60 Equipment included; installation costs may apply; data cap may apply
Internet 100 100/20 $60 Equipment included; installation costs may apply; data cap may apply

Similarly, Sonic’s DSL service is a copper -fiber hybrid that offers either fiber -to-the-node or, in some cases where gigabit service is offered, fiber -to-the-home. This product also has the same pricing for each plan despite variation in advertised upload speeds on an address-level. Table 4 summarizes a sample of services offered at a variety of Vallejo addresses. Sonic was unable to confirm estimated upload speeds for these services.

25 AT&T, “Understanding internet speeds,” https://www.att.com/support/article/u-verse-high-speed- internet/KM1010095 (accessed December 28, 2021).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 21 Table 4: DSL services offered by Sonic in Vallejo
Service
Advertised
Upload/Download
Speeds
Monthly Price
(non-
promotional)
Notes
Fusion IPBB-C 50 Mbps
download $49.99
Includes home phone line; one year
contract required; equipment cost
not included
Fusion IPBB-C 75 Mbps
download $49.99
Includes home phone line; one year
contract required; equipment cost
not included
Fusion IPBB-F 1000 Mbps
download $69.99
Includes home phone line; one year
contract required; equipment cost
not included

Both AT&T and Sonic’s DSL products vary in speed offered depending on the location of the customer. Figure 4 shows the varying speeds available across Vallejo. As the map demonstrates, robust DSL speeds that could meet the current needs of Vallejo residents are only scattered in pockets across the City. More troubling, DSL speeds that barely meet the defini tion of an “unserved” area at 25/3 Mbps cover a significant portion of the map, making DSL an unsatisfactory alternative for adequate broadband service for many of Vallejo’s residents.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 22 Figure 4: Advertised DSL download speeds

City of Vallejo Broadband Master Plan | DRAFT | April 2022 23 3.1.4 Fixed wireless availability and pricing
Cellular wireless carriers have been consistently increasing their data speeds with the rollout of faster and higher capacity technologies, such as “5G.” Over the past few years, they have advertised data plans with speeds comparable to many residential customers’ internet service using a fixed wireless service. This service requires placement of a small antenna or gateway at the premises that will access new 5G equipment at nearby cell towers to create a closer range and faster data transmission than using a cell phone and the cellular network , especially for indoor uses . Nationally, home 5G services are a relatively new addition to the residential broadband market, and it remains to be seen whether they will provide reliable, high -speed services that can compete with wireline services for everyday consumers.

Both T-Mobile and Valley Internet claim on Form 477 to provide fixed wireless services in Vallejo.

However, during preparation of this report, Valley confirmed th at they do not actually offer wireless residential broadband services in the City.

T-Mobile does offer its new 5G Home Internet service throughout much of Vallejo, as seen in Figure 5. This product uses T-Mobile’s wireless network to offer residential broadband services.

T-Mobile’s 5G Home Internet service is currently a single product, with national pricing at $55 per month, including equipment. A cellular voice line is not required.

Table 5: Wireless services offered by T-Mobile in Vallejo Service
Advertised
Upload/Download
Speeds
Monthly Price
(non-
promotional)
Notes
5G Home
Internet 115/24 Mbps $55
Credit approval required; no data
cap; no voice line required;
equipment included

City of Vallejo Broadband Master Plan | DRAFT | April 2022 24 Figure 5: Residential fixed wireless coverage (TMobile)

City of Vallejo Broadband Master Plan | DRAFT | April 2022 25 3.2 Market assessment
While nearly all of Vallejo has access to some form of residential broadband service ,26 analysis found that investment in networks —specifically, fiber networks—has not occurred consistently throughout Vallejo. The near ubiquity of cable and DSL means that most residents have connectivity, but only select areas of the City have fiber as a com petitive wireline broadband option. This lack of competitive alternatives for high -speed broadband is increasingly impactful as symmetrical 100/100 Mbps wireline service, offered most reliably over a fiber network, emerges as a de facto standard to fully participate in today’s digital world.

Analysis of fiber, cable, wireless, and DSL coverage identifies low -competition areas in Vallejo.

For these purposes, we define “low-investment areas” as those that have cable, wireless, DSL, or some combination of the three available—but no fiber. While portions of the low -competition areas could potentially have three options for service, these areas have no high-capacity wireline service as a competitive alternative to cable.

This analysis only included AT&T’s fiber footprint. While there are City fiber assets available throughout some parts of Vallejo, Inyo’s recent decision to stop offering services over that network means that there is not currently a sustainable fiber option for resident s within that footprint. However, these City assets offer an opportunity to introduce a new competitive option for service over fiber, which is discussed elsewhere in this report.

Figure 6 depicts the low -competition areas of Vallejo. In this map, DSL and cable service are available in nearly the entire low-competition area, with wireless service being offered in select areas. The wireless areas appear a d arker purple than in the key because DSL’s green -shaded areas are layered under nearly all of its service area. Note that cable service is also almost ubiquitous throughout this area.

The map shows that the low -competition areas include much of downtown we st of I -80, the northwest and northeast quadrants of the City, and the farther perimeter of the southeast quadrant of the City. There are also portions of Mare Island that have only DSL service, or a choice between DSL and cable.

26 This analysis identified the residential areas within Vallejo in which no broadband service is currently available.

These areas are primarily concentrated on Mare Island. While the data show that these areas are zoned residentially, they may not actually be inhabited. M any of the areas identified on Mare Island appear to be without homes.

Additionally, the northernmost area, just east of I -80, is a shopping center, and the eastern area south of the Blue Rock Springs Golf Course is a small road off of Ascot Parkway that l eads to an industrial area.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 26 Figure 6: Low-investment areas

City of Vallejo Broadband Master Plan | DRAFT | April 2022 27 Combining data on these low-investment areas with data on poverty levels in Vallejo (Figure 7) illustrates the lack of significant alignment between these two measures , which indicate s that other factors have limited investment in the City.

Figure 7: Low-investment areas and poverty levels in Vallejo

City of Vallejo Broadband Master Plan | DRAFT | April 2022 28 However, the western parts of the City see both lower rates of computer ownership (as seen in Figure 8) and higher overall participation in the Emergency Broadband Benefit Program (as seen in Figure 9). Not surprisingly, there is a loose correlation between these areas and the areas with higher rates of poverty, as seen in Figure 7. It is important for the City to recognize that even in areas with three or four choices for broadband service—cable, fixed wireless, DSL, and in some instances fiber—these neighborhoods and communities are not adequately connected due to affordability and device access concerns. It is also likely that these same communities are lacking in digital literacy skills and the comfort with the technology to support online learning and telemedicine for example. These data inform the recommendations to focus the City’s digital equity efforts.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 29 Figure 8: Percentage of population with a computer

City of Vallejo Broadband Master Plan | DRAFT | April 2022 30 Figure 9: Total enrolled households in the Emergency Broadband Benefit Program

City of Vallejo Broadband Master Plan | DRAFT | April 2022 31 4 Inventory of City’s conduit and fiber
This report updates and expands on the representative inventory of Vallejo’s broadband assets developed for the City’s 2016 Broadband Master Plan . To develop this updated Broadband Master Plan, CTC reviewed relevant maps, studies, documents, and data provided by the City for this project. CTC also reviewed the extensive maps and data compiled for the 2016 Broadband Master Plan.

For example, the City’s 2016 documentation described the routes of most of the City’s existing conduit and fiber (e.g., traffic signal fiber, empty conduit, and dark fiber) and utility conduit (e.g., gas, electric, telecom, fire alarm, unused water/sewer lines).

At that time, a CTC outside plant engineer conducted an extensive desk survey using the City’s existing GIS maps, Google Earth imagery, and other relevant sources, and aggregated all collected data to develop a GIS database that informed the current project. The CTC outside plant engineer—accompanied by City staff in the field—then conducted three days of field verification and site surveys of representative portions of the City. This work included evaluation of selected City sites, with field survey work focusing on critical routes intended for economic development efforts, based on discussions with the City. Through this field survey, CTC’s engineer established a high-level understanding of the scale of the network, and the City’s existing documentation and practices.

Recent interviews with City staff, and a review of current City-provided maps and data regarding conduit and fiber , comprise the foundation of our cu rrent analysi s. As the City is planning a comprehensive infrastructure audit in fall 2022 , it was determined that this upcoming investigation would best inform future infrastructure decision -making and should be used to guide the implementation of this Broadband Master Plan.

We are also aware that the City is planning an upgrade to all municipal traffic signal infrastructure from copper to fiber , which will provide a new opportunity for fully integrated traffic signaling.

This upgrade should also be viewed as an opportunity to expand the City’s fiber assets to include dark fiber or shadow conduit to support future needs.

Based on discussion with City staff, the following locations are not connected to the municipal network with fiber and are instead using wireless connections (“air fiber”) to the City -owned fiber. These sites should be the focus of the City’s infrastructure investments to provide the stability and capacity of fiber connectivity:

1. Fire Station 22

2. Fire Station 25
City of Vallejo Broadband Master Plan | DRAFT | April 2022 32 3. Fire Station 26

4. Fire Station 27

5. CRT Building

6. Ferry Terminal

7. Marina Building
The City owns and operates approximately 36 miles of 3-inch conduit. The majority of the conduit was built for traffic communications. The existing fiber and conduit routes are shown in Figure 10, alongside potential future fiber routes discussed in Section Error! Reference source not found..

City of Vallejo Broadband Master Plan | DRAFT | April 2022 33 Figure 10: Existing fiber and conduit routes

City of Vallejo Broadband Master Plan | DRAFT | April 2022 34 5 Public-private partnership models
The 2016 Broadband Master Plan recommended that Vallejo explore partnerships with ISPs that serve the City. That report discussed the value of tailoring partnerships to meet the needs of the community while also ensuring that the parameters of the partnership directly benefit both the community and the private partner.

While the City issued an RFP and engaged Inyo Networks to provide service over the City’s fiber infrastructure, the City has not engaged in detailed discussions with other potential partner ISPs.

The City should continue to consider different collaboration approaches—particularly given the current broadband funding landscape . As discussed below, partnerships are valuable to infrastructure funding (i.e., grant applications) and delivering services to end users and we describe several potential models that could be considered. Our recommended model is based on the City’s desire to close the digital divide, improve market competition for bro adband, and maximize the use of public assets. Our recommendation is further designed to take advantage of upcoming federal and State grant programs that might support the deployment of infrastructure to areas of low investment (as described in Section 3.2 above).

When developing a public -private partnership, the City should focus on risks, benefits, and control. Although it would be ideal for the City to gain all the benefits it seeks while controlling the new assets and risking little to no capital, the t hree factors frequently exist in tradeoffs. For example, the higher the public investment, the higher the City’s risk. Aside from communities that attract a private partner willing to invest its own capital, most public –private partnerships will require some public investment, which involves risk for a community. But as public funding increases, so should public control over the project itself, including the ability to focus on specific outcomes.

Contrast this with a private investment model where the public sector may be focused solely on engagement and planning. Such a model entails lower public cost and reduced public risk, but it also means the City’s benefits are more modest and the private sector partner(s) completely control infrastructure deployment.

Finally, a model designed around shared investment and risk can yield opportunity and benefits both for the City and its partner(s). In such a model, each side of the public –private partnership focuses on its unique strengths while relinquishing other responsibilities and duties to the other partner. For example, the City may opt to fund the construction and deployment of the physical network and preliminary messaging to the public while the partner(s) is tasked with service deployment and eventual operation overseeing the relationship with end users.

The following is a brief discussion of a range of potential infrastructure strategies for the City’s efforts to address the digital divide.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 35 5.1 Model 1: Smart City Model
City funding used to deploy infrastructure citywide for Smart City purposes with additional capacity placed by the private deployer for citywide broadband services to the public: In this scenario, the City’s funds would be awarded to the lowest -cost bidder that meets technical, financial, and management qualifications and that agrees to provide to the City, either for a specified term or in perpetuity, a specified number of dark fiber strands on a citywide basis for the non-commercial purposes of Smart City needs, including those that have not yet emerged.

Ideally, the City’s funds would also serve as an inducement to the private partner to invest in the City, deploy bundles of fiber with hundreds of strands of fiber, and offer commercial services to residential, business, and institutional customers.

5.2 Model 1A: Limited Smart City Model
City funding used to deploy infrastructure citywide for Smart City purposes in select high - priority areas : In this variation on Model 1, the same kind of procurement would be undertaken—but for a more limited area of the City, to limit the City’s required funding outlay.

The areas prioritized for the competitive procurement would be identified with input from the City Council and stakeholder groups, but our initial assessment based on our interviews with the City indicates that infrastructure could be prioritized in North Vallejo . The City would make an award to the lowest -bidding qualified bidder, assuming adequate financial, technical, and managerial qualifications.

5.3 Model 2 (Recommended): Citywide Commitment Model
City funding used to deploy infrastructure in priority areas for private operations in return for commitments to citywide fiber investment by a private partner: In this scenario, fiber -to-the- premises would be deployed on a citywide basis with a priority to areas of low investment considered in Section 6 of this report. The City would provide funding to a private partner to build infrastructure to be owned by the City—but only in those areas where a private sector business case does not exist because of insufficient return on investment.

The City’s contribution would be calculated to bridge the private sector business case in those areas, and the private party would lease the City -owned infrastructure and provide services based on its contractual arrangement with the City, which would incl ude residential and enterprise service in addition to maintaining and managing the open -access municipal network.

The private partner would also commit to building infrastructure in all areas where it has a business case to do so, thus resulting in a citywide deployment with only partial City funding.

Through this shared investment strategy, the City would invest in those neighborhoods where the need is greatest—and attract private capital to the neighborhoods where City funds are not necessary or available. In those areas where the fiber is built with City funds, the City would own City of Vallejo Broadband Master Plan | DRAFT | April 2022 36 the broadband infrastructure, and would lease access to its private partner and other internet service providers, with the private sector providing network maintenance, operation s, and service.

Additionally, the private partner would commit to completing a fiber ring for the City and providing fiber to the remaining City facilities that are currently connected via “air fiber.” Similar to the FTTP deployment model, the private party would lease the City-owned infrastructure and the City would lease any private funded infrastructure for City needs. The private party would also commit to providing services to businesses and other community anchor institutions in addition to maintaining and managing the open-access network.

Finally, the private partner would be responsible for providing free public Wi-Fi at certain public locations such as parts of downtown along Georgia Street, Waterfront Park, River Park, the Ferry Building, and Blu e Rock Springs Park —depending on financial viability. The City has allocated a portion of State and Local Fiscal Recovery (ARPA) funding to help implement this strategy, and any City-financed infrastructure utilizing federal and State funding would be owned by the City with the partner entity providing service.

CTC recommends this model as the most appropriate way to deploy infrastructure in the city utilizing new federal and State funding specifically available to public entities and leveraging that support to facilitate private investment in the City. In this model the public and private partners are equally invested in the success of the project and risks are shared.

5.4 Model 3: Neighborhood Model
City funding used to deploy infrastructure in priority areas for private sector operations: This model is more incremental and focuses the City’s efforts on select, limited areas of high priority.

In partnership with one or more private partners, the City would contract a vendor to build fiber infrastructure in select target areas where affordability is most challenging.

Under this model, the City would own the infrastructure and the private sector provider would lease the infrastructure and deliver services to the public based on contractual obligations negotiated with the City. Stated otherwise, the City would make a capital investment to construct the fiber, and a partner would have responsibility for operations. This partnership approach would minimize the City’s costs and risks while achieving the City’s goals f or the selected neighborhoods.

5.5 Model 4: Subsidy Model
City funding used to secure a long -term subsidy for low -income residents of the City : In this scenario, the City’s funds would not go toward construction of infrastructure to be owned by the City of Vallejo Broadband Master Plan | DRAFT | April 2022 37 City, but rather to pre -purchase free or reduced -cost services over a negotiated period of time for lower-income residents.

This model is akin to recent efforts in other cities . The city of Chattanooga, Tenn., for example, used federal CARES Act funds to pre -pay a regional broadband provider for a decade of service to lower -income members of the community who struggle to afford adequate connectivity services.

As with the options above, one benefit of this approach would be attracting private capital to the City because the guaranteed revenues, particularly in the form of an upfront payment, could increase the attractiveness of a private sector invest ment. In such a scenario, the extent and scope of the private sector deployment would be dependent on negotiations and private investment considerations, particularly in light of the amount the City can commit.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 38 6 System-level design and cost estimate for a City network We present here our network design and cost estimate to inform the upcoming RFP the City will be releasing based on City Council input on this report . In our interviews with ISPs, we learned there are some infrastructure challenges the City fac es in expanding the municipal network to include FTTP. One of the challenges is underground utilities, which limit available utility poles for aerial fiber deployment, the other is rear easements in parts of North Vallejo where the utilities are behind homes and make access to utility poles challenging for ISPs.

CTC recommends that the City consider a design that builds incrementally on the existing City conduit and fiber network that scales according to the needs of potential new fiber users. The existing conduit and fiber provide a starting point, but we recommend the following additional elements:
• Complete a network ring to provide network resilience and scalability • City-wide FTTP
• Extend fiber to city institutions, schools, anchor businesses, and provide a means of connectivity to future fiber developments and;
• Augmenting fiber count and replacing undersized handholes where necessary.

These steps can be taken by the City of Vallejo to not only provide a stable and robust fiber optic network to its existing institutions, but to also pave the way for more opportunities like providing Wi-Fi access in public gathering places. Places like Vallejo waterfront, major city parks, and Vallejo Downtown just to name a few could benefit from WIFI connectivity. With the City providing direct service, or by a private partner interested in connecting Vallejo institutions and enterprises, this fiber network could serve the community in many ways.

While the City’s existing conduit has significant value and capabilities, there is considerable cost in the next steps, due to the high cost of construction. Although the incremental construction is generally not on a large scale (most segments are less than one mile), the unit cost of labor and materials for small er “piece work” is generally higher than for larger projects, as with any construction. Therefore, it is important that next steps be taken strategically, with a clear picture of the commitment of potential network users and partners.

In the following sect ions, CTC has provided a high -level cost analysis that estimates of the cost for a proposed phased approach to this strategic fiber and conduit construction.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 39 6.1 Expanding the City’s fiber network to create a resilient ring would cost approximately $700,000
The City’s existing network has two significant gaps. Instead of a ring with the capability of fail - over in each direction, the network in those locations is physically a spur, with only one path to serve the site. These gaps are between hubs 7 and 8 in the northeastern part of the network and between City Hall and hub 10 to the north of City Hall (Figure 11).

With the completion of the ring, the path of fiber where a single point of failure can create a long- term outage is reduced to the distance from the site to the ring, generally less than one mile.

For the backbone, we chose the closest feasible routes to existing conduit—avoiding State roads, particularly Route 29 . For the sites, we chose the closest feasible route from the site to a fiber splice enclosure connecting it to the backbone using the existing conduit system where available ultimately creating a path back to City Hall.

CTC recommends installing two 2-inch conduits for all new conduit sections as well as installing a greater fiber count (288 -count) for future growth; this higher fiber count would also require the use of larger vaults (24 by 36 by 36 inches).

The estimated labor and materials cost of comple ting the missing conduit connections and installing a 288 -count fiber optic cable throughout the entirety of the ring is approximately $700,000. The image below shows the proposed backbone segments in relation to the existing conduit.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 40 Figure 11: Candidate backbone fiber segments

6.2 Connecting key City Locations to fiber would cost approximately $461,400 The City has identified a handful of City locations not connected with fiber where the business case may exist for extending service.

We recommend connecting new locations using construction techniques and specifications like those used for the current network. We recommend constructing conduit from these locations to the nearest existing City manhole or handhole and interconnecting the service drop to the City fiber in a splice enclosure ultimately forming a path to City Hall.

Our cost estimate is for running conduit and fiber cable in areas not yet built as well as utilizing conduit already in the ground. This approach is suitable for adding the 7 sites we envision below.

We estimate the cost of these connections as follows:

City of Vallejo Broadband Master Plan | DRAFT | April 2022 41 Table 6: Estimated capital cost to build fiber to 12 City-owned locations City Locations Cost
1155 Capitol Street $52,100
1335 Fulton Avenue $88,900
1585 Ascot Court $32,700
595 Mini Drive $141,100
700 5th Street $67,000
Ferry Terminal $34,000
Marina Building $45,600
Total for City locations $461,400

The image below shows each site’s connection to the backbone ring.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 42 Figure 12: City Locations

City of Vallejo Broadband Master Plan | DRAFT | April 2022 43 The cost estimates assume connectivity on an individual basis. Because some of these sites are in proximity to each other and/or have overlap in the construction routes there may be substantial savings in constructing to groups of sites. (i.e., to feed multiple buildings from a single tap). The more buildings on that block, the less it will cost the City to connect each building

6.3 Connecting businesses and institutions seeking service would cost an estimated $TBD (pending final analysis)
In addition to connecting City institutions, there has been several business facilities that have shown an interest in utilizing these fiber services. Like the connections of City institutions, the methods of connectivity would take a similar approach. The difference with these sites versus the city site would be the business and maintenance aspect. Unlike the city sites, these private institutions will require a different form of service deployment.

From an operational perspective, these sites will require the City to contract out the operations and maintenance to a third party that will perform according to the customer s ervice level agreement (SLA) regarding service delivery and repair. Below is the DRAFT estimated cost associated with bringing fiber to these facilities, pending further internal review:

Table 7: DRAFT Estimated cost to connect facilities to fiber Facilities Seeking Connection DRAFT Cost
Forest Service $179,800
Kaiser Permanente $25,900
Six Flags DK $70,500
Solano Community College $24,200
Solano County Fair $46,900
Sutter Solano Medical Center $59,100
US Dept of Veteran Affairs $34,200
VCUSD $209,900

The image below shows each site’s connection to the backbone ring Image Needed Figure 13: Candidate fiber connections

City of Vallejo Broadband Master Plan | DRAFT | April 2022 44 6.4 A citywide fiber -to-the-premises network would cost an estimated $64 million to $112 million
CTC engineers developed a conceptual, high -level fiber-to-the-premises outside plant network design and cost model for the City that is aligned with best practices in the industry and able to support a variety of electronic architecture options and business plans. This design is based on our recommended business model (see Section 5.3, above), which envisions the City investing public funding (from Federal and State grant programs) for infrastructure deployments to areas

City of Vallejo Broadband Master Plan | DRAFT | April 2022 45 for which a business case cannot be made by ISPs, and the remaining infrastructure to be financed by a private partner.

The cost of building a fiber -to-the-premises network will depend on what percen tage of the network infrastructure is built on aerial poles as opposed to inside underground conduit. We present two designs with differing fiber attachment assumptions to compare the cost of prioritizing underground versus aerial fiber.

The first design assumes that the builder will seek to maximize use of the utility poles with 70 percent aerial construction and 30 percent underground construction throughout the City. The second design assumes 100 percent underground construction, which would result in t he event the builder is unable to or does not wish to negotiate a pole attachment agreement or wants to deploy quickly without needing to rely on other entities to move their attachments or replace crowded poles. Both designs encompass about 450 route miles.

In total, the first design is estimated to cost approximately $ 64 million for the backbone and distribution plant, or $1,700 per passing, with an estimated additional cost for subscriber drops of $240 per subscriber. The fully underground design is esti mated to cost $ 112 million for the backbone and distribution plant, or $3, 000 per passing, with an estimated additional cost for subscriber drops of approximately $210 per subscriber.

This design assumes a network that serves 37,588 passings within Vallejo. CTC generated address points from the Microsoft Buildings National Dataset. After bringing the California buildings data into ArcGIS Pro, a selection was made for only the buildings inside the City of Vallejo. These sites do not account for multi-family dwelling units, which may include multiple addresses.

Table 8: Estimated capital cost for fiber-to-the-premises network Passings
Total number of passings 37,588
Design 1: 70% Aerial/30% Underground
Backbone and distribution plant $64,000,000
Cost per passing $1,700
Estimated drop cost per customer $240
Design 2: 100% Underground
Backbone and distribution plant $112,000,000
Cost per passing $3,000
Estimated drop cost per customer $210

City of Vallejo Broadband Master Plan | DRAFT | April 2022 46 6.4.1 Network architecture
We developed a conceptual, high -level fiber-to-the-premises outside plant network design that is aligned with best practices in the industry and is open to a variety of electronic architecture options. The figure below shows a logical represent ation of the fiber -to-the-premises network architecture we recommend based on the conceptual outside plant design.

Figure 14: High-level fiber-to-the-premises architecture

This drawing illustrates the primary functional components in the fiber-to-the-premises network, their relative position to one another, and the flexibility of the architecture to support multiple subscriber models and classes of service.

The recommended architecture is a hierarchical data network that would provide scalability and flexibility, both in terms of initial network deployment and ability to accommodate the increased demands of future applications and technologies. The central characteristics of FTTP data network include:
• Capacity – ability to consistently provide efficient transport for subscriber data at advertised speeds, even at peak times
• Availability – high levels of redundancy, reliability, and resiliency; the ability to quickly detect faults and reroute traffic
• Efficiency – no traffic bottlenecks; efficient use of resources

City of Vallejo Broadband Master Plan | DRAFT | April 2022 47 • Scalability – ability to grow in terms of physical service area and increased data capacity, and to integrate newer technologies without new construction • Flexibility – ability to provide different levels and classes of service to different customer environments; can support an open access network or a single -provider network; can provide separation between service providers on the physical layer (separate fibers) or logical layer (separate Virtual Local Area Network (VLAN) or Virtual Private Network (VPN) providing networks within the network)
• Security – controlled physical access to all equipment and facilities, plus network access control to devices
This architecture offers scalability to meet long -term needs. It is consistent with best practices for either a standard or an open-access network model to provide customers with the option of multiple network service providers. This design would support the current industry standard Gigabit Passive Optical Network (GPON) technology, as well as 10 Gbps XGS -PON and NG-PON2 standards. It could also provide t he option of direct Active Ethernet (AE) services on a limited basis, such as for business customers, using spare fiber capacity built into the designs.

The design is based on a Gigabit Passive Optical Network (GPON) architecture, which is the most commonly provisioned fiber-to-the-premises service—used, for example, by AT&T Fiber, Verizon (in its FiOS systems), and Google Fiber. GPON supports high -speed broadband data and is easily leveraged by triple-play carriers for voice, video, and data services.

GPON uses passive optical splitting, which is performed inside fiber distribution cabinets (FDC), to connect fiber from the Optical Line Terminals (OLTs) to the customer premises where it connects to an Optical Node Terminal (ONT) on the outside or inside of the premises. With GPON service (Figure 15), the FDCs house multiple optical splitters, each of which splits the fiber link to the OLT between 16 to 32 customers. The GPON OLT uses single -fiber (bi-directional) modules called SFPs (Small Form Factor Pluggable) which consists of a laser transmitter and a receiver to support multiple (less than 32) subscribers, so each customer receives a fiber connection all the way to the premises.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 48 Figure 15: GPON fiber network with a buried service drop

The design assumes placement of manufacturer -terminated fiber tap enclosures within the public right -of-way or easements, providing watertight fiber connectors for customer service drop cables, and eliminating the need for service installers to perform splices in the field. This is an industry-standard approach to reduce both customer activation times and the potential for damage to distribution cables and splices.

6.4.2 Assumptions and criteria
The cost of building an FTTP network will depend in large part on what percentage of the network infrastructure is built on aerial poles as opposed to inside underground conduit. Therefore , we provided two estimates. The first design assumes the City will seek to maximize the use of poles with 70 percent aerial construction and 30 percent underground construction. The second design is for 100 percent underground in the even the builder is unable to secure the necessary pole attachment agreements. Both designs assumed the existing and proposed backbone fibers would be used.

The fiber-to-the-premises network design was developed with the following criteria based on the above assumptions and required characteristics of the hierarchical fiber -to-the-premises network:
• Underground conduit and fiber will be installed in the public right -of-way or in an easement on the side of the road.
• The aerial fiber design will make use of existing poles where possible.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 49 • Backbone fiber sizes will range from 144- to 288-count cables; extended lateral fiber sizes will range from 48 - to 144-count cable; and short lateral and drop fiber will contain 12 strands.
• The network will target up to 288 passings per secondary distribution point, each serve d from an FDC containing optical splitters.
• The distribution plant will terminate at multi-port subscriber tap terminals (i.e. “taps”) in underground handholes, each serving no more than 12 homes. • Access conduit will be placed in drop access handholes plac ed at the edge of the parcel for each serviceable passing (one handhole per one or two passings). • The underground vault spacing along distribution routes will be no more than 750 feet. • Hub shelters will be constructed to support network electronics with ba ckup power generation, redundant cooling systems, robust physical security, and inert gas fire - suppression systems.
• Where possible, the distribution plant network routes will avoid crossing major roadways, railways, and waterways.
• In the aerial design, we assume that the builder is able to obtain an attachment agreement from the pole owner.
• We assumed a conservative estimate for the average make -ready cost per foot of approximately $6, based on typical unit costs for make -ready and pole replaceme nt in other cities. The table below provides our assumptions for the make-ready costs.

Table 99: Estimated make-ready costs
Cost factor Estimate
Make-ready cost per move $450
Average moves per pole 2
Average poles per mile 45
Percent of poles requiring make-ready 50%
Percent of poles requiring replacement 5%
Average pole replacement cost $5,000
Average make-ready cost per foot $6

City of Vallejo Broadband Master Plan | DRAFT | April 2022 50 Figure 16 shows the conceptual architecture for the physical plant in the fiber -to-the-premises network. A hub will feed primary distribution conduit through distribution vaults located throughout the City. Some distribution vaults will be designated as equipment vaults, which contain splitters to feed secondary distribution conduit to tap access handholes located near residents. Each tap access handhole will then connect to drop access handholes locate d on the edge of the parcel but still within the City’s right -of-way. By installing infrastructure to the edge of each premises parcel, costs are reduced for future installation to a subscriber.

Figure 16: Conceptual design for the fiber-to-the-premises network

The figure below shows a logical representation of the fiber -to-the-premises network architecture we recommend based on the conceptual outside plant design. It also illustrates the primary functional components in the fiber -to-the-premises network, their relative position to one another, and the flexibility of the architecture to support multiple subscriber models and classes of service.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 51 Figure 17: High-level fiber-to-the-premises architecture and components

6.4.3 Deployment costs for a citywide network
The cost for the backbone and distribution plant contains the following elements:

City of Vallejo Broadband Master Plan | DRAFT | April 2022 52 • Project management encompasses overall project and contract management, including oversight of the construction and engineering contractor(s), equipment suppliers, and right-of-way agreements. We assumed a two-person project management team for three years.
• Engineering and a s-builts includes system -level architecture planning, preliminary designs, and field walkouts to determine candidate fiber routing; development of detailed engineering prints and preparation of permit applications; and post -construction “as - built” revisions to engineering design materials.
• Conduit and vault infrastructure consists of all labor and materials related to underground communications conduit construction, including conduit placement, vault/handhole installation, and surface restoration; and includes all work area protection and traffic control measures inherent to roadway construction activities. • Utility pole make-ready consists of the labor needed for preparing poles for the addition of new aerial cabling. This includes moving existing cables to make room for new cables or replacing poles if the existing pole is at maximum capacity. • Fiber optic cables and components consists of the material and labor costs specific to the installation of fiber optic cables, taps, splice enclosures, and other relat ed components, irrespective of the cable pathway (underground conduit or aerial placement). • Fiber splicing, testing, and documentation includes all labor related to splicing of outdoor fiber optic cables.
• Hub facilities and systems consists of the material and labor costs of placing hub shelters and enclosures; related hub systems (backup power generation, cooling systems, etc.); and terminating backbone fiber cables within the hubs.
• Post-Covid-19 market demand contingency accounts for price increases on material due to supply chain interruptions during the Covid -19 pandemic. This contingency is not applied to the project management and engineering and as -builts categories because they do not incorporate construction material.

Electronics are not included in in the backbone and distribution plant cost estimates.

We also provide the estimated cost for subscriber drops. This represents the cost of material and labor for installing aerial or underground infrastructure across a subscriber’s property. This cost does not include any customer premises equipment (CPE), such as a modem.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 53 6.4.3.1 Design with 70 Percent aerial and 30 percent underground construction When taking all of these considerations into account, the total cost of the design with 70 percent aerial and 30 percent underground is approximately $65 million, or $1,700 per passing. This cost is itemized in the following table. Note that the costs have been rounded (Table 10).

Table 10: Estimated capital cost for citywide backbone and distribution plan ( 70 percent aerial, 30 percent underground construction)
Cost category Estimated cost
Project management $1,850,000
Engineering and as-builts $5,050,000
Conduit and vault
infrastructure $22,150,000
Materials $3,950,000
Labor $18,200,000
Aerial strand $3,350,000
Materials $850,000
Labor $2,500,000
Utility pole make-ready $9,650,000
Fiber optic cables and
components $11,750,000
Materials $8,400,000
Labor $3,500,000
Fiber splicing, testing, and
documentation $2,500,000
Hub facilities and systems $250,000
Backbone and distribution
plant total cost $56,550,000
Post-Covid-19 market
demand contingency on
construction material (15%)
$7,400,000
Backbone and distribution
plant total cost with
contingency
$63,950,000
Number of passings 37,588
Cost per passing $1,700

6.4.3.2 Design with 100 percent underground construction The total cost of the design with 100 percent underground is approximately $ 111 million, or $3,000 per passing (Table 11). Again, note that the costs have been rounded.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 54 Table 11: Estimated capital cost for citywide backbone and distribution plan (100 percent underground construction)
Cost category Estimated cost
Project management $1,850,000
Engineering and as-builts $6,550,000
Conduit and vault infrastructure $73,900,000
Materials $13,250,000
Labor $60,650,000
Fiber optic cables and components $13,250,000
Materials $8,0,000
Labor $5,000,000
Fiber splicing, testing, and documentation $2,500,000
Hub facilities and systems $250,000
Backbone and distribution plant total cost $101,750,000 Post-Covid-19 market demand contingency
on construction material (10%) $14,000,000
Backbone and distribution plant total cost
with contingency $115,750,000
Number of passings 37,588
Cost per Passing $3,100

City of Vallejo Broadband Master Plan | DRAFT | April 2022 55 7 Policy and process recommendations
Interviews with public officials and ISPs in and around the City reveal various policy areas in which improvements could be made. Notable best practices that the City could adopt include passing a written Dig Once ordinance, re -evaluating aspects of the permitting process, expanding the GIS integration program, and increasing coordination with the private sector and regional initiatives.

7.1 Dig Once ordinance
The City of Vallejo does not currently have a Dig Once ordinance, but rather an internal policy for notifying interested parties of upcoming projects in the municipal right -of-way. A formal ordinance would provide clarity and consistency in directing and permitting telecommunications infrastructure projects and would also allow for strategic planning for new conduit or fiber routes to areas of priority for the City.

In our interview with the City ’s Public Works Department, we came to understand that some barriers exist to implementing the existing policy and should be considered when developing an ordinance. For example, there is little strategic or proactive communication with ISPs to help plan for infrastructure deployment; the City receives an application for an encroachment permit from providers as they develop their own, internal strategies within the City. Furthermore, we learned that the Planning Department does most communicating with outside entities and this communication is not generally coordinated with Public Works.

A best practice in th ese situations is for the City to develop relationship s with the various ISPs operating in the City and have regular conversations with them about their plans, the City’s plans, and plans from other entities such at PG&E to enter the right -of-way. In this way, the City could ensure that areas of strategic importance are being considered for the placement of fiber-ready conduit or fiber to help build out a citywide network.

Additionally, the City should adopt a policy mandating the installation of City-owned conduit (where it does not exist) in all new developm ents and open trenches. This policy, known as a shadow conduit policy, would allow the City to limit future disruption to its rights-of-way; both the City and the private sector would be able to install fiber without additional digging. This approach has been used to positive effect in cities such as Bellevue , Wash. Although it requires an upfront financial investment and a commitment of resources to manage and lease the conduit, over time it can eliminate significant costs and bottlenecks in the infrastructure construction process.

Model language for a Dig Once Ordinance is in Appendix C.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 56 7.2 Permitting process and fees
Best practices from around the State and interviews with the City’s Public Works Department and various private sector stakeholde rs illustrate possible improvements in the City’s permitting process. If the City is looking for opportunities to make its construction environment more attractive to broadband providers, the City should consider reevaluating its traffic control plan requirements, continue to expand its online permitting application, and improve collaboration and communication efforts between departments.

Under the current municipal code, a traffic control plan is required for any modification of the telecommunications facility or wireless communications facility.27 Feedback from entities looking to manage or build broadband infrastructure assets in the City unanimously agreed that this is an overly stringent policy. Many projects applying for right-of-way encroachment permits are minimally invasive, perhaps on the scale of working on a quarter of a block for one day. For projects of this size, that actual impact on traffic in the City is negligible, and to require a traffic control plan serves only to slow down the process. By amending this policy, ISPs and infrastructure management companies would more easily service Vallejo, and also those internal resources that are currently put towards approving and analyzing those traffic control plans could be dedicated elsewhere in the local government.

A possible improvement to the traffic control plan requirement could include new code detailing a distinction between major and minor projects.28 In this scenario, major projects would be given a different set of standards and requireme nts than their more minor counterparts, creating a convenient mechanism to preserve traffic control plans in projects that really need them while allowing commonplace projects to proceed more efficiently. This has been implemented successfully across the State, with one of the nearest examples being the City of Oakland.29 In addition to the traffic control plan, the City should continue to develop its online permitting application. Vallejo has used an online permitting application to centralize many different permitting processes since 2020. This is already a large step for municipalities to take and seems to have worked well since its introduction in t he City. Continuing to maintain and build out the web application will ensure the private sector has easy access to entrance and will help facilitate

27 City of Vallejo Municipal Code, Ord. No. 1769 N.C. (2d), § 1 (August 22, 2017), https://library.municode.com/ca/vallejo/ordinances/municipal_code?nodeId=866721 (accessed April 13, 2022). 28 It is important to note that the actual delineation can be more specific than simply between various “projects.” For example, it could only separate encroachment projects, or excavation. 29 City of Oakland Municipal Code,
https://library.municode.com/ca/oakland/codes/code_of_ordinances?nodeId=TIT12STSIPUPL_CH12.08EN (accessed April 13, 2022).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 57 planning. The City should also evaluate the application’s data/analytics capabilities to ensure their departments can accurately track their own progress.

Centralized permitting also needs to occur offline. Interviews with the Public Works Department indicate that there is little collaboration (at least when it comes to independent carriers) between Public Wor ks and Planning. Although each department has their own domain, increased coordination and communication between the two could help both in the short term by alleviating and/or preempting issues, but also by assisting long -term planning. To accomplish both of those goals, the City should leverage the shared online permitting center to achieve more frequent and fruitful interdepartmental communication.

Additionally, applicants should note whether they have any pending applications for federal and State funding for the infrastructure; this will help inform citywide strategic planning and ensure alignment with other approval processes.

Finally, the City should update its written policies to include language explicitly allowing such construction methods outlined in Senate Bill 378, such as microtrenching. According to SB 378, “the local agency with jurisdiction to approve excavations shall allow microtrenching for the installation of underground fiber if the installation in the microtrench is limited to fiber, un less the local agency makes a written finding that allowing microtrenching for a fiber installation would have a specific, adverse impact on the public health or safety.” 30 Broadening the allowed construction methods to include microtrenching not only woul d hasten the deployment of new fiber, but would also align the City with this State law.

7.3 GIS integration
Maintaining accurate data on the location of existing infrastructure will be key to many of the City’s goals. The City is already using the new online permitting application to great effect in this realm. The online permitting application has full GIS integration for planned and recent projects, allowing users to see locations, times, and descriptions of these projects. This information is valuable for the private sector and would enable the City to enforce an effective Dig Once policy.

However, there is a blind spot in the City’s GIS database : The City currently has little to no centralized mapping of existing infrastructure (i.e., installed before the current permitting system). Because the majority of broadband infrastructure was put in place before the inception of online permitting applications, it is a near universal challenge for all municipalities to

30 California State Senate, “SB. 378,”
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB378 (accessed April 14, 2022).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 58 understand where a ssets are located, and who owns them. Among other challenges, this impedes the City from identifying areas that lack infrastructure and might be a high priority.

The City should continue to work on the GIS integration of the online permitting application so that they may add previously processed permits to the database. Furthermore, the work should continue to include on the same map information on past, present, and future broadband infrastructure plans.

One possible administrative method of executing this level of GIS integration would be to require any relevant broadband permitting applicant to attach a KMZ, shapefile, or similarly usable type file of the location, shape, and type of the infrastructure on which they plan to work. This would quickly allow for the mapping of most assets that will be built or managed in the future.

To develop an understanding of where infrastructure has been placed historically, the Public Works Department, whenever time an d resources allow for it, could go through any remaining previously approved permitting applications and upload rough sketches of where the broadband assets are placed.

However, while a n easily understood visualization of where broadband infrastructure ex ists could aid the City in achieving its strategic goals, ISPs have historically opposed efforts to publicly document their assets—because that information could open doors to competing ISPs who are interested in serving gaps in the incumbents’ networks. T herefore, the City should be prepared for some amount of pushback from the industry.

7.4 Engagement with the private sector
Through an outreach initiative with private providers in and around the City, a bottleneck in transparency has emerged. Without readily available market information, private sector stakeholders are unable to evaluate Vallejo as a potential service area.

The City could jumpstart private sector interest by making the following types of information public:

1. Locations, employee counts, and industry of all medium and large businesses in the City.

2. Locations and technical specifications for any current or planned data centers.

Additionally, any lots/land that appear to be particularly viable for future data centers.

3. The locations and populations of multi-dwelling units.

4. Any current gaps in infrastructure, including any areas that the City feels is a priority.

The City should engage with ISPs on a regular basis to discuss strategic deployment of broadband assets and aligning capital projects with the City’s needs. Comcast, for example, has indicated it City of Vallejo Broadband Master Plan | DRAFT | April 2022 59 has plans to upgrade its infrastructure in Vallejo; the City should be discussing with them ways to facilitate that effort.

7.5 Interconnections with neighboring cities and regional efforts Additional coordination with neighboring public sector entities is recommended to best align the City with regional efforts. Broadband infrastructure and the internet are not contained within political borders, and much of the strategizing occurs on scales larger than a single municipality.

It would be wise for the City to communicate with Solano County and the cities of Fairfield and Vacaville; all are either in the process of or considering developing broadband master plans.

The City should also communicate with the California Department of Technology to coordinate planning with the California for All Middle -Mile Broadband Initiative. 31 This project will fund at least 18 open-access middle-mile infrastructure projects throughout the State, the nearest one to Vallejo being in San Leandro.

31 California Department of Technology, “Middle-Mile Broadband Initiative ,” https://middle-mile-broadband- initiative.cdt.ca.gov/ (accessed April 13, 2022).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 60 8 Programmatic recommendations
The digital divide cannot be resolved just by building broadband infrastructure. Unlike the landscape in 2016, today there is a new funding environment and specific attention on other barriers to connectivity . This expansion of broadband policy has created a host of other opportunities that can be leveraged to provide benefits to the residents of the City of Vallejo. To minimize expenditures on these programs, the City should monitor the State’s development of a statewide Digital Inclusion Strategy which will include support for implementing programmatic solutions.

This Broadband Master Plan recommends that the City create campaigns and programs that can promote the significant number of digital literacy programs that already exist in the area and that are supported by ongoing State funding opportunities, and to support the development of additional digital literacy projects that will likely evolve as the result of new funding sources.

The City can also work with providers and community-based organizations to support outreach efforts to promote carrier-neutral broadband affordability programs and programs that offer discounted devices such as laptops and tablets.

Finally, to better understand the types of connections City residents are using and where gaps in connectivity may continue to exist , the City could p romote internet speed testing using readily available applications.

Each of these options are discussed in further detail below.

8.1 Digital literacy
Ubiquitous access to high-speed internet does not serve a community if residents lack the skills to navigate online content safely and effectively. The concept of “digital literacy” embodies these skills and is further defined in the IIJA as “the skills associated with using technology to e nable users to find, evaluate, organize, create, and communicate information.”32 Digital literacy programs teach individuals and families how to perform everyday online tasks that may seem self -evident to more experienced users including , how to sign up for a free email account, how to find relevant and usef ul information, how to navigate translation and in - language services, how to use online banking or bill payment, and even how to use Zoom. More advanced training could include cybersecurity, using Google Maps and how to navigate social media and avoid “fake news.” It is often the lack of these skills that create barriers to connectivity.

32 Infrastructure Investment and Jobs Act of 2021, Public Law 117-58, Division F, Title III USC § 60301 et seq., (Digital Equity Act of 2021, https://www.congress.gov/117/plaws/publ58/PLAW-117publ58.pdf (accessed April 13, 2022).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 61 To help City residents overcome this barrier, the City of Vallejo should consider partnering with community organizations to promote or provide these classes. Below is a list of potential partners, many of which are already serving in this space . While this is not intended to be an exhaustive list, it represents a wide variety of organizations and agencies that may be willing to partner with the City to develop creative outreach and program solutions in the short term, as well as agencies that could help the City prepare for the application process of various sources of digital equity funding that will be available via the State digital equity grants that are currently being developed. These funding opportunities for digital equity projects are discussed in further detail in Section 9.

8.1.1 Senior Planet
Senior Planet (from AARP) provides a host of online classes for seniors to learn how to navigate online. Their courses cover such topics as technology tutoring and discussion groups, fitness apps, and online bill pay, and are all available virtually and many are in-language.

8.1.2 Ability Now Bay Area
Ability Now provides similar programs to those p rovided by Senior Planet, but with a focus on people living with developmental disabilities

8.1.3 EveryoneOn
EveryoneOn is a national organization that has aggregated several online education tools t hat can be used to supplement a comprehensive digital literacy program.

8.1.4 Digital Literacy Rocks!
Solano County Computer and Digital Skills Center offers an array of paid, instructor-led classes to help participants build digital skills.

8.1.5 Tech Exchange
An Oakland-based organization that sells refurbished devices at discounts, manages free device programs, provides minor tech support services and a small number of online digital literacy classes, including some classes in-language. This organization currently partners with the Oakland School District and Oa kland Undivided to provide devices at no or low cost and minor tech support to those students.

8.1.6 Human-i-t
This program provides self -paced computer and internet training , and also works with organizations to provide low-cost computers and devices.

8.1.7 Internet for All Now
Internet for All Now is a program funded by the California Emerging Technology Fund primarily intended to advocate for digital inclusion policy initiatives at the State and local levels. However, City of Vallejo Broadband Master Plan | DRAFT | April 2022 62 its website also has outreach materials for affordability programs and federal subsidies (such as the Affordable Connectivity Program).

8.1.8 Workforce Development Board of Solano County
Although primarily focused on workforce development activities, the WDB could be an effective partner in outreach and promotion of digital literacy programming, or even working with the City to develop curricula.

8.1.9 Solano County Library
Again, a non -traditional partner in this fi eld, but the City of San Jose Public Libraries have had great success developing and implementing digital literacy curricula in collaboration with the California Emerging Technology Fund – a model that City of Vallejo should consider exploring.

8.2 Broadband affordability
The City should consider creating campaigns and initiatives to promote broadband affordability programs, including device distribution programs . Research demonstrates that these programs are generally undersubscribed because people are unaware of them or do not understand how to apply for them.33

8.2.1 Service provider affordability programs
While ISPs do not generally release details on their programs’ enrollment ,34 both Comcast and AT&T have broadband affordability programs available to the residents of Vallejo. AT&T’s Access service provides either 100 Mbps for $30 or 10 Mbps download speeds for up to $10 per month, or both services may be available depending on the network technology serving the household.

AT&T provides no advertised minimum upload speed commitment with either offering . The

33 Tyler Cooper & Jason Shevik, “Emergency Broadband Benefit Recap: 7.1Million Households Enrolled, Adoption Varies Significantly by State,” (Broadband Now, December 16, 2021), https://broadbandnow.com/internet/emergency-broadband-benefit-report (accessed April 13, 2022); See also, California Emerging Technology Fund, “Recommendations for ISPs to Consider in Responding to COVID-19”, April 28, 2020, https://www.cetfund.org/recommendations-for-internet-service-providers-to-consider-in-responding- to-covid-19/ (last accessed April 13, 2022).
34 Indeed, policy makers have often had difficulty getting information about these provider-sponsored discount programs. To ensure that these programs can be an important tool to fill the affordability gap, the California Legislature recently required that service providers report enrollment and describe service offerings for these discount programs when requested by the CPUC. The new statutory requirement, Pub. Util. Code Section 884.2, grants the CPUC authority to require that California ISPs must report on “each free, low-cost, income-qualified, or affordable internet service plan advertised by the provider.” While it may be that some of the information from this reporting will be confidential, it is likely that the CPUC will make general information about these programs available to the public so that stakeholders, like the City, can deve lop outreach materials for its residents. The CPUC has yet to announce rules for this reporting. Pub. Util. Code Section 884.2 is available at https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PUC&sectionNum=884.2 . (accessed April 13, 2022).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 63 program includes free installation and equipment and does not require a contract or deposit. In some cases, households will have a monthly data allowance of either 150 gigabytes or 1 terabyte and are charged $10 per 50 GB overage.35
Comcast’s low -income offering is called Internet Essentials. Comcast also offers two tiers of service, a 100 Mbps download and 10 Mbps upload service for $30 and a 50 Mbps download and 5 Mbps upload at $10 per month. Comcast also offers bundles with a wireless service for a further discount. This is not a fiber-based service and the available speeds for this service will depend on whether Comcast has performed upgrades to its networ k. Comcast offers a broader set of qualifying low -income programs than AT&T’s Access servi ce, but Comcast does not have an income qualification option.36
Both AT&T and Comcast are also participating in the Affordable Connectivity Program (ACP). The ACP, discussed further below, provides subsidized and discounted broadband service and broadband capable devices to eligible households.37 AT&T and Comcast encourage customers to apply for and become qualified for the ACP before signing up for their corporate discounted services.38 ACP subsidizes a service provider up to $30 for a service offering and up to $100 for a device.39 In most cases, combining the ACP subsidy and the discounts offered under the Access or Internet Essential programs provide the end user customer with a free broadband service.

The City should prioritize outreach and marketing campaigns to inform City residents about these programs and how the ACP and service provider discount programs can work together. The City can, for example, create and provide informational materials about these programs to City and County agencies that work with eligible populations such as the Department of Housing and Community Development or the City Water Department . These agencies can, in turn, send

35 AT&T, “Access from AT&T,” https://www.att.com/internet/access/ (accessed December 26, 2021). This service is open to “qualifying” households that participate in the Affordable Care Program, Supplemental Nutrition Assistance Program (SNAP) or Supplemental Security Income (SSI) for California households only. AT&T also extends eligibility to include households at 200 percent or less of the federal poverty line, and those participating in the National School Lunch Program (NSLP).
36 Comcast, https://www.internetessentials.com/covid19 (accessed March 30, 2022). 37 In the Matter of Affordable Connectivity Program WD Docket 21-450, Report and Order and FNPRM (FCC 22-2) (January 21, 2022) (ACP Final Rules), https://docs.fcc.gov/public/attachments/FCC-22-2A1.pdf (accessed January 27, 2022).
38 Comcast, “Comcast Expands Affordable Connectivity Program Offers with Faster Internet Essentials Service and Xfinity Mobile” (March 1, 2022), https://corporate.comcast.com/press/releases/comcast-affordable-connectivity- program-internet-essentials-service-xfinity-mobile (accessed April 4, 2022); AT&T, https://www.att.com/help/affordable-connectivity-program/internet/existing-customer/ (accessed April 4, 2022). 39 Federal Communications Commission, “Affordable Connectivity Program,” https://www.fcc.gov/acp (accessed April 4, 2022).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 64 informational fliers to their clients and participants in their own low -income programs such as the Water Rate Assistance Program.

As another example, the City can work with Solano County to distribute ACP materials to participants in the WIC program or could work with local economic development organizations and various chambers of commerce, such as the Hispanic, Black, or Vietnamese Chambers of Commerce to help better promote this program. Existing non -profit and community-based organizations can also help facilitate communications with affected populations such as seniors, English-language learners, or people living with disabilities. These community partners will often have toolkits and in -language material posted online or available for distribution about these discount programs so that the City can leverage these existing resources to help advance its own outreach efforts.

Some of the groups listed above, including Tech Exchange, EveryoneOn and Human i -t, also manage device discount programs. For example, the organization EveryoneOn is working with another statewide nonpr ofit, the California Emerging Technology Fund, to provide a referral program that reaches out directly to families in the Vallejo City School District to provide them with information and further referrals to the federal Affordable Connectivity Program, ca rrier discount services and discounted devices.40

8.2.2 California LifeLine Program
In addition to wireline carrier affordability programs, the California Public Utilities Commission (CPUC) manages the State’s low-income telephone program, also known as California LifeLine.

This program differs from the A CP discussed above because it provides discounts for wireless voice and data services and voice-only wireline service to eligible households in California . Like ACP, participation in the program by wireless and cable is voluntary and not all service providers offer LifeLine discounts . As part of the T -Mobile/Sprint merger transaction , T-Mobile has committed to participate in LifeLine through its affiliate Assurance Wireless at least until 2025.41

40 EveryoneOn, https://www.everyoneon.org/find-offers-vallejocityusd?custom=1&partner=vallejocityusd (accessed March 30, 2022).
41 Description of the Assurance California Plan is available at https://www.assurancewireless.com/lifeline- services/states/california-lifeline-free-government-phone-service (accessed March 31, 2022); see also, the CPUC’s press release “CPUC Approves Merger of Sprint and T-Mobile” (April 16, 2020), https://docs.cpuc.ca.gov/PublishedDocs/Published/G000/M333/K367/333367934.PDF (accessed March 31, 2022).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 65 In 2021, Verizon and TracFone also committed to ongoing LifeLine participation through the TracFone brand as part of Verizon’s purchase of Tracfone.42 The California LifeLine discount program provides discounts on wireline and wireless service to eligible households. Eligibility is defined as a household that participates in at least one of 10 qualifying state and federal social services programs such as Medicaid/Medi-Cal, Federal Housing Assistance, or Veteran’s benefits or the household can demonstrate that it has an income of less than 150 percent of the federal poverty level. This program works with the federal LifeLine program to coordinate customer discounts. The program has been offering discounts for low- income wireline voice customers for almost 40 years. Today, a wireline customer will pay between $8 and $12 per month for voice -only service. In Vallejo, this offer is only available through AT&T wireline service. A LifeLine customer can bundle a discounted voice service with a broadband service from AT&T.43
LifeLine discounts for wireless services are more popular. While only the reseller-affiliates of the facilities-based carriers participate in this program, and AT&T has no participation whatsoever, there are 10 smaller wireless resellers such as TracFone, Assurance Wireless, and Truconnect that participate in the program.44
Eligible customers can receive substantial discounts on wireless voice and data services from participating providers. While the plans vary, the minimum service standards for the program require unlimited talk and text and approximately 4 GB to 6 GB of data monthly all at no cost to the end user; providers also usually provide a device for no cost to the end user in most cases.45

42 TracFone offers LifeLine service under the SafeLink brand name. More information is available at https://www.safelinkwireless.com/Enrollment/Safelink/en/Web/www/default/index.html#!/welcomeCenter ; see also, the CPUC’s press release “CPUC Requires Consumer Protection Measures for Verizon’s Acquisition of TracFone” (November 18, 2021),
https://docs.cpuc.ca.gov/PublishedDocs/Published/G000/M424/K116/424116598.PDF (accessed March 31, 2022). 43 The CPUC has information about the program available at https://www.cpuc.ca.gov/consumer- support/financial-assistance-savings-and-discounts/lifeline/california-lifeline-eligibility (accessed March 31, 2022) and the program has its own website for consumers in multiple languages, https://www.californialifeline.com/en (accessed April 13, 2022).
44 CPUC LifeLine Program subscription data for 2022, broken down by participating providers, https://www.cpuc.ca.gov/-/media/cpuc-website/divisions/communications-division/documents/lifeline/customer- count/2022_maximussubscribercountsasof_03152022.xls (accessed April 13, 2022). 45 California Public Utilities Commission, Docket R.20-08-002, Decision Establishing Specific Support Amount and Minimum Service Standards, D.20-10-006 (October 8, 2020), at Attachment 1, https://docs.cpuc.ca.gov/PublishedDocs/Published/G000/M348/K751/348751101.PDF (accessed April 13, 2022); See, for example the LifeLine offering for TruConnect Wireless in California, https://www.truconnect.com/offers/ca?utm_source=google&utm_medium=cpc&campaignid=15995630053&adgr oupid=132656566956&creative=576644589099&keyword=free%20cell%20service&gclid= CjwKCAjw6dmSBhBkEiw A_W-EoHvhZoKGHbKOMfzs5USjQgHobqtaEs6CitXJt8bwrrQy9rNSz0aXvRoC2CYQAvD_BwE (accessed April 13, 2022).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 66 The wireless provider will receive a $25 subsidy from State and federal LifeLine funds. LifeLine customers also have access to Wi-Fi services in some cases.

These discounted mobile wireless services are insufficient for a low-income household to reliably work from home, engage in online learning, or participate in other critical online activities.

However, in light of the affordability and access barriers to residential broadband service discussed above, many low-income households rely on their mobile wireless service and smartphones for home internet access. 46 As the City considers all options to support data, internet and broadband connectivity for its most vulnerable residents, information about the California LifeLine program be part of the affordability toolkit that the City makes available as part of outreach efforts.

8.2.3 Federal Affordable Connectivity Program Outreach Funding As discussed in more detail below, a cornerstone of the federal government’s policy to promote affordable broadband access is the Affordable Connectivity Program. Through the IIJA, the FCC is tasked with implementing this $14 billion subsidy program for broadband services and devices.

As p art of the statutory structure for this program, Congress d irected the FCC to adopt a framework to ensure that information about the program will be disseminated through multiple stakeholders to the intended beneficiaries.47
In a recent rulemaking, the FCC lays out a detailed outreach plan that encompasses requirements for educating potential customers about the program through the efforts of the FCC and service providers, as well as cross-agency collaboration (e.g., disseminating information through other social services programs ).48 The FCC also requires its own staff, as well as the agency that administers the ACP, to develop “comprehensive provider education and training programs, as well as consumer outreach plans.”49 These materials may prove valuable for the City to develop its own outreach and engagement efforts, in partnership with local agencies, as discussed above.

The FCC also issued a proposal for public comment regarding an outreach grant program that will dedicate millions of dollars to an FCC-administered process that will provide direct funding for outreach and consumer education efforts.50 While the authority for this grant program is laid out

46 Andrew Perrin, "Mobile Technology and Home Broadband 2021," Pew Research Center, June 3, 2021, https://www.pewresearch.org/internet/2021/06/03/mobile-technology-and-home-broadband-2021/ (accessed April 14, 2022).
47 IIJA, Division F – Broadband, Title V, Section 60502(a)(10). 48 In the Matter of Affordable Connectivity Program WD Docket 21-450, Report and Order and Further Notice of Proposed Rulemaking (FCC 22-2) (January 21, 2022) (ACP Final Rules), paragraphs 190-209, https://docs.fcc.gov/public/attachments/FCC-22-2A1.pdf (accessed January 27, 2022). 49 ACP Final Rules, paragraph 208.
50 ACP Final Rules, at paragraphs 270-280.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 67 in statute, the FCC still has many open questions that it must answer before it can issue rules for this outreach program. In its Rulemaking for the ACP, the FCC requested further public comment on many aspects of the grant program including what types of entities should be eligible to request and receive grants and whether local agencies and government entities will be eligible for the funding. The FCC also requested comment on the types of outreach activities that will be eligible for funding under this p rogram, application processes, and the reporting requirements for grant recipients. The FCC likely will issue rules and begin to take grant applications for this program in late third quarter 2022.

Despite the months-long wait, the City should monitor this program closely and work with local non-profit agencies, such as those discussed above, to explore funding opportunities through this outreach grant program to support consumer education and outreach work, as well as support for application processing. The City should ensure that its potential community partners are aware of the development of this program and that these potential partners coordinate with the City, and other regional stakeholders, before applying for funding under this program.

8.3 Broadband speed testing
To maximize the City’s eligibility for State and federal funding sources—especially those created by California SB 156 and the Infrastructure Investment and Jobs act, it is critical that actua l connection speeds be mapped in the community. While the maps developed for this report show connection speeds reported by ISPs (i.e., FCC Form 477), developing more accurate and granular data would strengthen the City’s planning efforts.

The City should target areas of particular interest and then deploy any of the readily available speed test tools, such as Ookla, to accurately map available connection speeds beyond those that are reported to the federal government or advertised as available by ISPs.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 68 9 Federal and State funding opportunities
The federal government has allocated billions of dollars to support broadband infrastructure and programs nationwide as part of both ARPA and the IIJA. The State of California has also committed funding to address broadband access and adoption gaps.

9.1 Federal funding
Significant new funding sources have recently been authorized that will expand the opportunities to create meaningful programs to expand digital access and equity for communities across the country. These programs will develop at both the federal and State levels and be the subject of significant rulemaking processes for design and implementation, making the next two years important for Vallejo, the local service providers and community-based organizations to prepare for and implement new funding and program opportunities.

For example, the Treasury Department has rules regarding the framework and requirements for spending the American Rescue Plan Act funds and the U.S. Department of Commerce’s National Telecommunications and Information Administration (NTIA) is currently taking public comment and preparing rules to implement key broadband deployment and equity pieces of the Infrastructure Investment and Jobs Act (IIJA). 51 Also during this time, as d iscussed briefly above the FCC has implemented the $14 billion Affordable Connectivity Program to support affordable data services to eligible households for either wireless or wireline services.

The most significant funding opportunities are discussed in more detail below. These programs, along with several others, provide the City a point of reference to further analyze how it can use these funding programs to help it achieve its broadband access goals for the City and the surrounding area.

9.1.1 Infrastructure Investment and Jobs Act
The $1 trillion Infrastructure Investment and Jobs Act (IIJA) —including $65 billion in broadband funding for extensive deployment and digital equity initiatives —was signed into law on November 15, 2021. The NTIA is directed by Congress to implement programs that will consist of $48.2 billion of the IIJA broadband funds and the Agency is currently in the process of drafting rules for implementation of several of the programs. NTIA is charged with issuing rules for the broadband deployment funding by May 14, 2022, which will set guidelines for the application

51 Infrastructure Investment and Jobs Act, Public Law 117-58, Division F, 2021, https://www.congress.gov/117/plaws/publ58/PLAW-117publ58.pdf (accessed April 13, 2022).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 69 process.52 As part of this process, NTIA is directed to use federal broadband deployment maps, which are still in development, to determine the allocation of broadband deployment funding to the states. The NTIA may make preliminary funding disbursements based on existing mapping data, which would make some of the funding available on a much shorter timeframe. In either event, once that money is distributed, states are directed to develop a comprehensive set of grant programs to further distribute the money to subrecipients with the goal of expanding broadband access and digital equity to benefit communities throughout each state. Additionally, applications for the Digital Equity Planning program included in the IIJA will not be accepted until October of 2022, yet the Act sets out significant pre -planning requirements for the states that include providing opportunities for public input on digital equity throughout the year.53 There is still much work to be done at the federal level and possible opportunities for local entities to open a dialogue with the state agencies tasked with applying for and distributing this funding.

In California, the CPUC and the Department of Te chnology (CDT) have been identified as the agencies primarily responsible for standing up programs with this broadband funding. The IIJA places a strong emphasis on community outreach and engagement at several steps in the funding and program process for b oth broadband deployment and digital equity. Over the coming months, the agencies responsible for administering the funds at the federal and state level may release more requests for comments; develop frameworks and rules; and issue notices of funding opportunities—including for the kinds of programs that could address gaps in Vallejo. The City should monitor and participate in the process as this funding flows from the NTIA and FCC, down to the State level (CPUC and CDT) for further distribution to local a gencies, communities, and service providers.

The NTIA will administer $48.2 billion of the broadband funding through the following programs:54
• Broadband Equity, Access, and Deployment (BEAD) Program: $42.45 billion “for broadband deployment, mapping, and adoption projects”

52 NTIA issued a request for comment on January 10, 2022, regarding the broadband deployment funding program, the digital equity planning grant program, and the middle-mile grant program. Notices for comment on additional digital equity and Tribal programs will be forthcoming. More information is available at https://www.ntia.gov/files/ntia/publications/iija_broadband_rfc.pdf (accessed January 27, 2022). 53 The legislature has a pending bill that directs the California Department of Technology to begin the State’s Digital Equity Plan development process in consultation with “the public, California Public Utilities Commission and the Broadband Council”—AB2750 (Bonta, 2022), available at
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2750 (accessed April 13, 2022).

California legislature is also considering a very high-level Digital Equity Bill of Rights, AB2753 (Reyes, 2022), available at https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2753 (accessed April 13, 2022).
54 NTIA, “Grants,” https://ntia.gov/category/grants (accessed November 17, 2021).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 70 • Digital Equity Act Programs: $2.75 billion “for grant programs that promote digital inclusion and equity to ensure that all individuals and communities have the skills, technology, and capacity needed to reap the full benefits of our digital economy” • Tribal Broadband Connectivity Program: $2 billion
• Enabling Middle-Mile Broadband Infrastructure Program: $1 billion “for the construction, improvement or acquisition of middle-mile infrastructure” Of these, BEAD and the digital equity programs represent opportunities for securing funding — based on the local prioritization and, potentially, a successful grant application to the competitive element of the digital equity program. Also, the I IJA allocates an additional $14 billion to the Affordable Connectivity Program—a subsidy that likely will go directly to low-income broadband subscribers.

9.1.1.1 Broadband Equity, Access, and Deployment (BEAD) Program California will receive a minimum of $100 million in BEAD funding —representing the initial minimum distribution to each state.55 Additional allocations will be distributed based on a state’s unserved and high-cost areas.

NTIA reports that “the first priority for funding is for providing broa dband to unserved areas (those below 25/3 Mbps), followed by underserved areas (those below 100/20 Mbps), and then serving community anchor institutions (1/1 Gbps).”56 Funding will be sent to states who will then make sub-grants. A subgrantee that receives funding to deploy a network will be required to ensure the networks capable of delivering at least 100/20 Mbps service within four years of the date of the subgrant—and to offer a low-cost service for low-income subscribers.57 While Vallejo may not qualify as an “underserved” eligible area for deployment funding given the advertised availability of 100 Mbps service, the law also provides for other applications for BEAD grants that will be further developed by NTIA. The statute allows funding to be used fo r broadband planning (up to 5 percent of funding), connecting anchor institutions such as City

55 Broadband USA, “Broadband Equity, Access, and Deployment (BEAD) Program,” https://broadbandusa.ntia.doc.gov/resources/grant-programs/broadband-equity-access-and-deployment-bead- program (accessed April 5, 2022).
56 NTIA, “Grants,” https://ntia.gov/category/grants (accessed November 17, 2021); see also, IIJA, Division F, Title I, § 60102(h)(1), https://www.congress.gov/bill/117th-congress/house-bill/3684 (accessed November 17, 2021). 57 IIJA, Division F, Title I, § 60102(h)(4), (h)(5), https://www.congress.gov/bill/117th-congress/house-bill/3684 (accessed April 5, 2022).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 71 facilities, supporting broadband adoption efforts such as digital literacy programs , and constructing infrastructure to serve low-income families in multi-dwelling buildings.58 After the NTIA releases its rules, the next step will be the allocation of funding to the states and several yet -to-be-finalized dates for states to submit a series of planning documents and applications. Due to the complexity of this proc ess, and the reliance on FCC’s new broadband mapping process to identify “eligible areas” for funding, it is unlikely that any funding will be available to local entities prior to the fourth quarter of 2022. Yet, it is likely that federal, state , and local agencies will spend significant resources throughout this year to plan for these projects, including work to solicit local community input and engagement. City of Vallejo should prioritize communication with the California Department of Technology and the CPUC to ensure that your community needs are represented in the decision-making process.

9.1.1.2 Digital Equity Planning Grant Program
NTIA’s digital equity program comprises three elements:

1. State Digital Equity Planning Grant Program ($60 million)

2. State Digital Equity Capacity Grant Program ($1.44 billion)

3. Digital Equity Competitive Grant Program ($1.25 billion) NTIA has stated that these programs aim “to promote the meaningful adoption and use of broadband services across the targeted populations in the Act, including low-income households, aging populations, incarcerated individuals, veterans, individuals with disabilities, individuals with a language barrier, racial and ethnic minorities, and rural inhabitants.”59 The State Digital Equity Planning Gran t Program provides funding directed toward state broadband offices to develop digital equity plans, with required local stakeholder engagement and input. These plans serve as the framework for each state’s digital equity projects that can be funded through the State Digital Equity Capacity Grant Program. The State Digital Equity Capacity Grant funding will be distributed in annual grants to each state over five years “to implement digital equity projects and support the implementation of digital equity plan s.”60 States are directed to use this money to establish programs to fund both statewide and local digital equity efforts. The Digital Equity Competitive Grant Program differs from the other two programs

58 IIJA, Division F, Title I, § 60102(d)(2), (e)(1), https://www.congress.gov/bill/117th-congress/house-bill/3684 (accessed April 5, 2022).
59 NTIA, “Grants,” https://ntia.gov/category/grants (accessed November 17, 2021). 60 BroadbandUSA, “NTIA’s Role in Implementing the Broadband Provisions of the 2021 Infrastructure Investment and Jobs Act,” https://broadbandusa.ntia.doc.gov/news/latest-news/ntias-role-implementing-broadband- provisions-2021-infrastructure-investment-and (accessed November 17, 2021).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 72 because it allows for grants from the NTIA directly to local agencies, and other community organizations such as nonprofits, anchor institutions including schools, Tribal entities, and workforce programs.61
Current and anticipated efforts in Vallejo to address digital equity issues may qualify for funding under these federal digital equity programs, but more clarity and guidance will come as NTIA issues rules and guidance for these programs. Similar to the efforts described for the BEAD program, the City should remain vigilant to information about the devel opment of these programs and opportunity for public input and collaboration with key community partners.

9.1.1.3 Enabling Middle-Mile Broadband Infrastructure Program: $1 billion “for the construction, improvement or acquisition of middle-mile infrastructure” The NTIA will also oversee a new direct grant program related to middle -mile infrastructure expansion.62 This program likely will not be available in urban areas with extensive cable coverage, like Vallejo. The Middle-Mile Broadband Infrastructure Program (MM BIP) is a means of maximizing creative partnerships between middle-mile providers (including state and local entities) with providers or entities that have last -mile solutions but may lack the incentive or resources to build the backbone necessary to reach the harder to reach places in rural America.

Additionally, the program seeks to “to promote broadband connection resiliency through the creation of alternative network connection paths that can be designed to prevent single points of failure on a broadband network.”63
Eligible areas must lack service offerings of at least 25/3 Mbps. This requirement alone will make areas such as Vallejo , with extensive wired broadband coverage, unlikely candidate s for this funding. If awarded funding, grantees will have to prioritize:

1. Connecting resulting infrastructure to last -mile networks that will provide services to households in unserved areas

2. “Connecting non-contiguous trust lands”

3. Offering wholesale service at reasonable rates on carrier-neutral basis

61 BroadbandUSA, “Digital Equity Programs,” https://broadbandusa.ntia.doc.gov/digital-equity-programs (accessed April 5, 2022); see also, IIJA, Division F, Title III § 60305 (Digital Equity Competitive Grant Program), https://www.congress.gov/117/plaws/publ58/PLAW-117publ58.pdf (accessed April 13, 2022). 62 BroadbandUSA, “Enabling Middle Mile Broadband Infrastructure Program,” https://broadbandusa.ntia.doc.gov/resources/grant-programs/enabling-middle-mile-broadband-infrastructure- program (accessed April 5 2022); see also, IIJA, Division F, Title IV, §§ 60401 et seq., https://www.congress.gov/117/plaws/publ58/PLAW-117publ58.pdf (accessed April 13, 2022). 63 IIJA, Division F, Title IV, § 60401(b)(1) (Enabling Middle Mile Broadband Infrastructure), https://www.congress.gov/117/plaws/publ58/PLAW-117publ58.pdf (accessed April 13, 2022).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 73 Grantees will also have to ensure that the infrastructure proposed can deliver gigabit speeds for the eventual last-mile connections to anchor institutions and provide direct interconnections that will “facilitate the provision of broadband service to anchor institutions located within 1,000 feet of the middle-mile infrastructure.”
Rules are expected in May. Once issued, awards are expected to be made within nine months and grantees will be expected to complete construction within five years of the award (which may be extended). Eligible entities are States and divisions of local government as well as tribal entities and territories, nonprofits and cooperatives. Partnerships are encouraged.

9.1.1.4 The $14 billion Affordable Connectivity Program will subsidize broadband bills for eligible low-income subscribers
The IIJA also allocates $14.2 billion for an Affordable Connectivity Program (ACP) to be administered by the FCC. The FCC released its rules for the ACP on January 21, 2022. 64 This program will provide $30 monthly subsidy to service providers toward a discounted broadband subscription for eligible low -income residents. The ACP will also subsidize the cost of a “connected device” up to $100, including laptops, desktops and tablets, but not cell phones or tablets with cellular service capabilities. 65 The ACP has broad eligibility criteria allowing households at 200% of poverty or those participating in a wide variety of federal subsidy programs to qualify for these benefits.

While the ACP has significant potential to support access to robust residential broadband service for low -income households, the success of the ACP will hinge on the ease of the enrollment process and strong outreach and education about the program , including in partners hip with participating ISPs. As discussed above, Congress allowed money appropriated to the ACP to be used for outreach and education purposes. The FCC has expressed strong support for the need for robust outreach and has developed outreach materials and c reated an “outreach partner” program that may also including paid outreach efforts, to try to increase participation rates for this important program. 66 The City, along with other stakeholders and community connectors, should consider ways to take a leadership role in developing and supporting enrollment efforts throughout Vallejo and the surrounding community. It should closely monitor the development of the ACP outreach grant process and work with community members to support this program.

64 In the Matter of Affordable Connectivity Program WD Docket 21-450, Report and Order and Further Notice of Proposed Rulemaking (FCC 22-2) (January 21, 2022) (ACP Final Rules), https://docs.fcc.gov/public/attachments/FCC-22-2A1.pdf (accessed January 27, 2022); see also, IIJA, Division F, Title V, §§ 60501 et seq., https://www.congress.gov/117/plaws/publ58/PLAW-117publ58.pdf (accessed April 13, 2022).
65 ACP Final Rules, paragraphs 92-118.
66 ACP Final Rules, paragraphs 190-195; FNPRM at 271-280.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 74 9.1.2 American Rescue Plan Act

9.1.2.1 Coronavirus Capital Projects Fund
The Treasury’s Coronavirus Capital Projects Fund (CPF) is a $10 billion program authorized under the American Rescue Plan Act of 2021 that will provide flexible funding opportunities for a wide range of broadband-related projects to be administered at the state level. The program will allow funds to be use for costs that fit into one of three major categories:
• Broadband Infrastructure Projects: “[C]onstruction and deployment of broadband infrastructure de signed to deliver service that reliably meets or exceeds symmetrical speeds of 100 Mbps so that communities have future -proof infrastructure to serve their long-term needs.”
• Digital Connectivity Technology Projects: “[P]urchase or installation of devices a nd equipment, such as laptops, tablets, desktop personal computers, and public Wi -Fi equipment, to facilitate broadband internet access for communities where affordability is a barrier to broadband adoption and use.” You read that right: Affordability matt ers.

Those who can’t afford to pay for services, even if available, are considered unserved. • Multi-Purpose Community Facility Projects: “[C]onstruction or improvement of buildings designed to jointly and directly enable work, education, and health monitoring located in communities with critical need for the project.”
California will receive $540,249,909 in CPF funding. The California Legislative Analyst ’s Office issued a report on April 6, 2022, that identified this CPF allocation as part of the funding for the California Public Utilities Commission’s Last Mile Federal Funding Account program, discussed further below. 67

9.1.2.2 Coronavirus State and Local Fiscal Recovery Fund The U.S. Treasury has released final rules for the Coronavirus State and Local Fiscal Rec overy Funds program (SLFRF).68 Established by the American Rescue Plan Act (ARPA), this program will

67 California Legislative Analyst’s Office, Overview of Last-Mile Broadband Infrastructure Project Administration and Funding, April 6, 2022, https://lao.ca.gov/handouts/socservices/2022/Last-Mile-Broadband-Infrastructure- 040622.pdf (accessed April 11, 2022); see also, Department of the Treasury, “Guidance for the Coronavirus Capital Projects Fund,” September 2021, https://home.treasury.gov/system/files/136/Capital-Projects-Fund-Guidance- States-Territories-and-Freely-Associated-States.pdf.
68 Department of the Treasury, 31 CFR Part 35 (Pandemic Relief Programs) (effective April 1, 2022), https://home.treasury.gov/system/files/136/SLFRF-Final-Rule.pdf (accessed January 27, 2022); see also, “Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rul e,” January 2022, https://home.treasury.gov/system/files/136/SLFRF-Final-Rule-Overview.pdf (accessed April 13, 2022).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 75 distribute $350 billion in emergency funding to eligible state, local, territorial, and Tribal governments.

These funds can be used in areas without access to reliable service at speeds of 100/20 Mbps, but can also be broadly invested, “in projects designed to provide service to locations with an identified need for additional broadband investment.”69 This program will fund broadband deployments and digital inclusion strategies designed to facilitate connectivity and has been designed to enable states and localities “to identify the specific locations within their communities to be served and to otherwise design the project” to fit their needs.70

1. Infrastructure projects must support 100 Mbps symmetrical speeds . Funding can also go to support projects that offer 100/20 Mbps, but only in cases where geographical, topographical, or fiscal constraints make the higher speed offerings impractical and where the deployed infrastructure can be scaled to reach 100 Mbps symmetrical. For the purposes of the Fiscal Recovery Funds, Treasury’s approach to broadband infrastructure matches some of the most forward -thinking states’ broadband grant programs and attempts to address the modern communications needs of most consumers. The program also strongly suggests that projects focus on fiber deployments.

This appears to be a concession to incumbent cable providers who can cost -effectively extend to unserved location s from their current network footprint and are on course to achieve symmetric speeds. Most cable companies have implemented DOCSIS 3.1 —and while they currently limit upstream to 35 to 50 Mbps, field upgrades would allow them to deliver gigabit speeds upstr eam and would also put them on a long -term roadmap to DOCSIS 4.0’s 10/6 Gbps capability.

2. Projects are encouraged to prioritize areas that do not have reliable wireline service offerings at 100/20 Mbps . Treasury gives recipients broad discretion to determi ne community needs for additional broadband investment. This includes situations where an area may appear to be served by a provider with 100/20 Mbps service, but the area may have significant service quality and outage problems with the current service, o r the service offerings may be unaffordable. Even in those situations, funding may be available.

69 Department of the Treasury, “Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule,” page 39, https://home.treasury.gov/system/files/136/SLFRF-Final-Rule-Overview.pdf (accessed April 13, 2022). 70 Department of the Treasury, “Coronavirus State and Local Fiscal Recovery Funds, Interim Final Rule,” 31 CFR Part 35, RIN 1505-AC77 (released May 10, 2021), page 71, https://home.treasury.gov/system/files/136/FRF-Interim- Final-Rule.pdf. Interim Final Rules, “Interim Final Rules.” City of Vallejo Broadband Master Plan | DRAFT | April 2022 76 3. Projects are encouraged to prioritize affordability as well as local broadband solutions.

After noting that the U.S. has some of the most expensive broadband service in the world,71 the program’s rules place special emphasis on ensuring that the resulting broadband service provided over the funded network is affordable. The Treasury requires that projects receiving this funding must require the service provider to participate in the federal ACP or otherwise provide “access to a broad-based affordability program” that is similar to the benefits provided under the ACP.72 The Treasury also encourages recipients to “prioritize support for broadband networks owned, operated by, or affiliated with local governments, non -profits, and co -operatives, given that these networks have less pressure to generate profits and a commitment to serving entire communities.”73

4. Projects are encouraged to prioritize last-mile connectivity. While Treasury underscores this, states and localities are not precluded from setting their o wn priorities, and other initiatives that could improve affordability by investing in capacity bottlenecks such as middle-mile or data center builds could be funded.74

5. Infrastructure projects are expected to meet strong labor standards. 75 This includes project labor agreements, community benefit agreements, and wages at or above the prevailing rate with local hire provisions.

6. Projects can address a wide array of broadband -related concerns. In addition to infrastructure, these State and Local Fiscal Recovery Fund dollars can also be used for an array of other initiatives that respond to the public health and economic impacts of the pandemic. While Treasury leaves the door open for a wide variety of fundable initiatives, it offers the general guidance that recipients shall “first identify a need or negative impact of the Covid -19 public health emergency and, second, identify how the [proposed] program, service, or other intervention addresses the identified need or impact.”76

7. Allocations from these funds can be leveraged as matches for other broadband grant opportunities. Because these funds are considered locally administered, if an entity is

71 “Even in areas where broadband infrastructure exists, broadband access may be out of reach for millions of Americans because it is unaffordable, as the United States has some of the highest broadband prices in the Organisation for Economic Co-operation and Development (OECD).” Interim Final Rules, page 70, U.S. Department of the Treasury.
72 SLFRF Final Rules, Federal Register, Vol. 87, No. 18, Supplementary Information, page 4421 (January 27, 2022). 73 SLFRF Final Rules, Federal Register, Vol. 87, No. 18, Supplementary Information, page 4421 (January 27, 2022). 74 SLFRF Final Rules, Federal Register, Vol. 87, No. 18, Supplementary Information, page 4418, 4420-4421 (January 27, 2022).
75 SLFRF Final Rules, Federal Register, Vol. 87, No. 18, Supplementary Information, page 4408-4409, 4444 (January 27, 2022).
76 SLFRF Final Rules, Federal Register, Vol. 87, No. 18, Supplementary Information, page 4341 (January 27, 2022).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 77 already targeting a federal grant or State grant opportunity that requires matching funds, the Fiscal Recovery Funds can be leveraged for that purpose. 77 It is important that these funds are used to pay for separate expenses than the other matching funds.

California will use $3.2 billion of its allocation of State and Local Fiscal Recovery Funds to invest in its statewide Middle Mile Broadband Initiative.78

9.2 State of California funding
The California Department of Technology (CDT) and the California Broadband Council are two State agencies directly involved in setting California’s broadband policy and programs. The Broadband Council issued its Broadband for All Action Plan in 2020.79 This Action Plan reflects the principles and goals set out by the Governor and has served as a guidance document for many State agencies as they have carried out broadband policy and programs. CDT has been the State agency to generally oversee the State’s broadband policy implementatio n, including the Action Plan.80 In 2021, the CDT was tasked with implementing a $3B spending program to expand middle-mile networks throughout the State.

The CPUC has been a leader and catalyst for California’s broadband access policies and programs for ma ny years. The California LifeLine Program (see Section 8.2.2), is a longstanding CPUC- administered program that has provided discounts for services to keep people c onnected. Since that time, the Commission has adopted several public purpose programs that advance broadband policy goals including the California Advanced Services Fund and the Teleconnect Fund. The CPUC has also been heavily involved in the CDT middle-mile project.

9.2.1 California Advanced Services Fund (Public Utilities Code Section 281) This important program was created in 2007 by the California Public Utilities Commission (CPUC) to set money aside for broadband infrastructure projects in unserved areas of California. The program received Legislative codification in 2010 as Public Utilities Code Section 281, allowing a line-item surcharge on customer bills to support this program. The Legislature has declared that

77 SLFRF Final Rules, Federal Register, Vol. 87, No. 18, Supplementary Information, page 4422 (January 27, 2022). 78 California Legislative Analyst’s Office, Overview of Last-Mile Broadband Infrastructure Project Administration and Funding, April 6, 2022, https://lao.ca.gov/handouts/socservices/2022/Last-Mile-Broadband-Infrastructure- 040622.pdf (accessed April 11, 2022); see also, California Department of Technology, First Report to the Legislature on the Middle-Mile Broadband Initiative, March 14, 2022, https://cdt.ca.gov/wp-content/uploads/2022/03/22692- CDT22-MMBI-Legislative-Report_FINAL.pdf (accessed, April 11, 2022). 79 California Broadband Council, “Broadband for All Action Plan,” https://broadbandcouncil.ca.gov/wp- content/uploads/sites/68/2020/12/BB4All-Action-Plan-Final.pdf (accessed April 5, 2022). 80 California Broadband Council, “Closing the Digital Divide,” https://broadbandforall.cdt.ca.gov/ (accessed April 13, 2022).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 78 the goal for this Fund is to support projects that will provide broadband access to “no less than 98% of California households in each consortia region” by 2032.81 The CPUC and the Legislature have revised and amended the rules for this program several times since 2010, but the core of the program remains the same. Currently, the statute caps the amount that can be collected through end user surcharges to $150 million per year between 2022 and 2032. The statute also earmarks $2 billion in ARPA recovery funds, discussed above, to support last-mile broadband infrastructure programs over the next four years.

CASF is composed of several “accounts.” In light of Vallejo’s priorities of addressing digital equity issues and leveraging its existing fiber network to address gaps in broadband ac cess within the City, the following accounts are most relevant:

1. Broadband Infrastructure Grant Account
a. This account funds last -mile broadband projects to unserved areas (defined as having no provider that offers at least one tier of service offering 25/3 Mbps, with priority given to areas with only 10/1 Mbps or less.
b. The Fund will only support projects that deploy infrastructure “capable” of providing last-mile service at 100/20 Mbps and offers only narrow opportunities to fund middle-mile on an “as needed” basis to support the last-mile projects. c. Grant recipients must offer an “affordable” broadband service over the facilities—generally $15 per month for at least 25/3 Mbps. (The CPUC may revise this requirement within the next year.)
d. The Commission coordinates with a variety of stakeholders. e. Existing providers have an opportunity to review the grant applications and provide evidence of existing facilities in the proposed service area. f. This Fund can be used to pay for line extension projects under limited circumstances with a $5 million cap on “aggregate” project funding allowed under this provision.
g. Applicants do not have to be a certificated telecommunications company or “traditional” service provider to apply for this money.

81 See SB4, Chapter 671 (October 8, 2021), revising Pub. Util. Code Section 281 , https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PUC&sectionNum=281 (last accessed March 31, 2022).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 79 2. Broadband Adoption Account
a. This account was created to fund projects that “increase publicly available or after school broadband access and digital inclusion.” Examples include:
i. Digital literacy
ii. Public education
iii. Free broadband in public spaces, including outreach for these programs iv. Outreach and means to increase broadband access and adoption (e.g., call centers, materials)
b. Eligible applicants include a wide variety of entities including local governments, nonprofits, schools, and libraries.
c. Priority for funding will go to co mmunities with “demonstrated low broadband access.”
d. Current rules set a cap of 85 percent funding for “eligible” program costs (as specifically defined by the CPUC).
e. CPUC is required to create a set of “digital inclusion metrics” for applicants to report on as a condition of receiving payment.
f. This Fund is specifically prohibited from being used to subsidize household access to broadband service itself.
g. The CPUC has adopted implementation guidelines and detailed application and reporting requirements, inclu ding appropriate uses and device distribution to qualifying low -income families to take home after completing digital literacy training courses.82

3. Federal Funding Account
The State Legislature allocated $2 billion of federal funding from the ARPA SLFRF funds to the CPUC for a new last-mile federal funding program. 83 On March 2, 2022, the CPUC

82 CPUC, “California Advanced Services Fund, Broadband Adoption Account: Application Requirements and Guidelines,” https://www.cpuc.ca.gov/-/media/cpuc-website/divisions/communications-division/documents/casf- adoption-and-access/d2109004-revised-adoption-account-guidelines.pdf (accessed April 13, 2022). 83 SB 4, Chapter 671 (October 8, 2021), Section 2 (revised Public Utilities Code Section 281(n)), https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB4 (accessed April 13, 2022).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 80 issued a Proposed Decision to implement its statutory mandate for the program.84 The Commission took public comment on this Proposed Decision in March and has made some slight revisions to the proposal based on that public input. The Commission is scheduled to vote on the Proposed Decision by the end of May 2022 . While the Commission is expected to adopt the Proposed Decision and launch this Federal Funding program by the end of the third quarter of 2022, the CPUC may still further revise its proposal before the final vote.

As currently crafted, the CPUC’s Proposed Decision includes a broad spectrum of eligible entities that can apply for this program, including facilities -based broadband service providers, local governments, electric utilities, non -profits, cooperatives , and Tribal governments; however, pursuant to the federal rules for this funding, the CPUC has stated its intent to prioritize requests from local governments, nonprofits, and cooperatives, finding that these networks have less pressure to generate profits and a stronger commitment to serve entire communities .85 The CPUC is also encouraging investor - owned electric utilities to enter into partnerships to deploy broadband and apply for this funding.86 As part of its statutory mandate, the CPUC’s Proposed Decision offers a planned allocation of the funding for this program pursuant to a formula that identifies counties as urban or rural using 2019 data. 87 Using this formula, the CPUC has categorized Solano County as an urban county and allocated $17 million to fund broadband infrastructure projects located in the County. Other aspects of this program are expected to include:
a. Projects must be capable of offering 100 Mbps symmetrical to end users throughout the funding area except under unique circumstances as defined by the rules.
b. Projects must m eet affordability requirements to offer both a “low -income eligible” service offering and a “low-cost” broadband plan that does not exceed a $40 rate for end users for speeds of no less than 50/50 Mbps.

84 California Public Utilities Commission, Docket R.20-09-001, Proposed Decision of Commissioner Alice Reynolds Adopting Federal Funding Account Rules, issued March 2, 2022, https://docs.cpuc.ca.gov/PublishedDocs/Published/G000/M466/K763/466763362.PDF. 85 CPUC, Proposed Decision on Federal Funding Account Rules, March 2, 2022, pages 46, 97 (Finding of Fact 13), https://docs.cpuc.ca.gov/PublishedDocs/Published/G000/M466/K763/466763362.PDF (accessed April 13, 2022). 86 CPUC Proposed Decision on Federal Funding Account Rules, March 2, 2022, page 28, https://docs.cpuc.ca.gov/PublishedDocs/Published/G000/M466/K763/466763362.PDF (accessed April 13, 2022). 87 CPUC Proposed Decision on Federal Funding Account Rules, March 2, 2022, pages 32-35, https://docs.cpuc.ca.gov/PublishedDocs/Published/G000/M466/K763/466763362.PDF (accessed April 13, 2022).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 81 c. Grants will be prioritized for areas that are “unser ved” (only available service at less than 25/3 Mbps) but will also be granted for projects in areas that are “underserved” (service available at only 100/20 Mbps or less). d. Projects must specify fiber technology, although applicants can justify the use of different technology with additional evidence and documentation that fiber is infeasible.
e. The CPUC expects that all funds will be distributed by June 30, 2023. It will accept applications two times a year on a schedule that will be developed after the CPUC adopts the Proposed Decision. A project will be reviewed within 6 months after it is submitted. Applications will require a detailed set of 19 items that are set out in the proposed rules for the program. There is also a ministerial review process for grants less than $25 million with no objections or competing applications. There is an objection process that allows interested parties to review the submitted applications and file comments objecting to the application on the basis of an error of fact, policy or a violation of a statutory requirement.

Each of these CASF programs can be a valuable funding opportunity to advance the City’s broadband access and digital equity priorities. In most cases, t he City can apply for funding directly, or as part of a consortium of entities. As discussed above, in its proposed framework for the Federal Funding Account, CPUC has stated that it will prioritize local governments that plan to build out a last-mile network to provide services to its residents. However, under this scenario, as a direct grant recipient , the City must be prepared to offer broadband service within the funded areas. In the alternative, the City could actively investigate, research, and conduct outreach to community partners that could work with the City to apply for this funding to support projects in the City. The City could consider a formal public-private partnership for these projects with an existing service provider or a nonprofit agency or consortium to jointly apply for the funding and offer service over the network.

9.2.2 Other CPUC programs
The City should also be aware of funding opportunities from the CPUC for planning and technical assistance that could help the City research and determine its options. The Legislature set aside $50 million for a Local Agency Technical Assistance program, which the CPUC implemented in February 2022.88 This program provides grants in amounts of up to $1 million to a local agency, including cities, counties, and utility districts, to support technical assist ance for broadband infrastructure planning. This funding can be applied toward environmental review processes,

88 See CPUC Decision 22-02-026 (February 25, 2022), Docket Number R.20-08-021, https://docs.cpuc.ca.gov/PublishedDocs/Published/G000/M454/K873/454873811.PDF (accessed April 12, 2022).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 82 needs assessments, engineering designs, market studies, business plans and similar efforts. The CPUC will accept applications for this technical assistance program on a rolling basis.

The CPUC is also in the process of creating a Loan Loss Reserve Fund of $750 million to support local governments, tribes, and non-profits in securing enhanced public financing to construct and operate public fiber networks.89 This funding is designed to be used as collateral for local agencies to receive better borrowing rates and terms on financing of these projects. The Fund can also pay for the costs of debt issuance and a reserve for payment of principal and inte rest on debt. This Fund can serve as another tool for larger projects that the City may create through its own resources or as a partnership. The CPUC will design and implement this funding opportunity toward the end of 2022.

89 SB156 (Chapter 112 (July 20, 2021), Section 8 (adds Pub. Util. Code Section 281.2); see also, CPUC Assigned Commissioner’s Second Amended Scoping Memo and Ruling, Docket No. R.20-08-021 (March 1, 2022), pages 5-8, https://docs.cpuc.ca.gov/PublishedDocs/Efile/G000/M455/K677/455677087.PDF (accessed April 14, 2022).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 83 Appendix A: Enterprise Broadband Services (2016 analysis) To support our analysis of the feasibility of the City implementing a municipal broadband network, we assessed the current (as of 2016) market for enterprise broadband. This section provides an overview of competitive providers for dark fiber and lit services with respect to the enterprise customers within the City of Vallejo.

During the course of our research, we identified 11 service providers in the Vallejo area that offer a range of services, from dark fiber connectivity to data transport services, with speeds that range from 1 Mbps to 100 Gbps. Individual providers tailor these services to customers’ requirements (speed, class of service, etc.). Greater proximity to the provider’s existing network infrastructure results in lower service pricing. Providers prefer to offer transport services between locations on their network (On -Net) and provision Multiprotocol Label Switching (MPLS) based services for connecting locations that are Off-Net.

A trend that we expect to continue is the consolidation of competitors through mergers and acquisitions. Competitors are discussed in detail in the following sections.

Dark fiber services
Three service providers operate in the City and offer dark fiber in some service areas: Integra Telecom, Level 3, and Zayo. CTC facilitated multiple calls with company representatives to review the companies’ network details and planned expansion in the region; through these discussions, we determined that none of these carriers currently offer dark fiber services in the City. All three of these carriers have long -haul dark fiber that traverse the City. Of the three, only Integra has actual plans to expand i nto the City and may be enticed to enter into a metro dark fiber use agreement with the City that would enable the company to offer these services commercially.

Integra Telecom
Integra Telecom has long -haul dark fiber services traversing the City. The com pany provides flexible options in securing dark fiber through bundles, leases, and Indefeasible Rights of Use (IRU) agreements. The dark fiber routes are depicted in Figure 18.90 Dark fiber pricing varies individually, based on distance from the provider’s fiber ring. A difference of a few tenths of a mile can lead to significant differences in the price of dark fi ber connectivity, due to additional construction costs.

90 http://www.integratelecom.com/pages/network-map.aspx (accessed October 2015).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 84 Figure 18: Integra Telecom network map

Level 3
Level 3 has multiple dark fiber routes in Vallejo, as depicted in Figure 19. Services are offered only to select customers based on their application requirements.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 85 Figure 19: Level 3 dark fiber routes91

Zayo
Zayo provides dark fiber connectivity over it s national network of metro and intercity fiber. The company claims to have proven expertise in deploying major new dark fiber networks and offers multiple financing options, including leases and Indefeasible Rights of Use (IRU) agreements.

Zayo only has two fibers on its path through Vallejo. These were acquired through XO and are in the Level 3 underground conduit network. Zayo has lit services on these routes and no ability or rights to break out of the fiber at new locations in the City.

We have heard that Zayo is planning a new long -haul fiber build from Sacramento to San Francisco that will go through Benicia. That is shown on the map below in gray, but we believe that route is still under development.

Pricing varies significantly depending on whether the building is On-Net or not; if the location is Off-Net, construction and splicing costs would apply. 92 A dark fiber lease between two On -Net

91 http://maps.level3.com/default/ (accessed October 2015). 92 http://zayofibersolutions.com/why-dark-fiber (accessed October 2015).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 86 locations in San Francisco that are five miles apart has a monthly recurring charge of $3,756 for a one-year term and $2,087 for a five -year term. There is a non -recurring charge of $5,000 as part of the pricing.

Figure 20: Zayo fiber map93

Lit services
Types of services available
Almost all existing service providers offer enterprise-grade, Ethernet-based services. Bandwidths range from 1 Mbps to 100 Gbps. Ethernet service can be classified into three types: Ethernet Private Line (EPL or E-Line), Ethernet Virtual Private Line (EVPL) and Ethernet Local Area Network (ELAN). These may be known by different names among providers.

EPL is a dedicated, point -to-point high-bandwidth Layer 2 private line between two customer locations. EVPL service is similar to EPL but is not dedicated between two locations. Instead, it provides the abil ity to multiplex multiple services from different customer locations onto one point on the provider’s network (multiple virtual connections) to another point on the network.

ELAN is a multipoint -to-multipoint connectivity service that enables customers to connect physically distributed locations across a Metropolitan Area Network (MAN) as if they were on the same Local Area Network (LAN).

93 http://www.zayo.com/network/interactive-map (accessed October 2015).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 87 The Internet services over Ethernet are typically classified under two categories: Dedicated Internet Access (DIA) and MPLS IP Virtual Private Networks (IP -VPN). Providers prefer to offer MPLS-based IP-VPN services when the service locations are off -net thus avoiding construction and installation costs. MPLS-based networks provide high performance for real-time applications such as voice and video and are typically priced higher.

Providers and sample pricing
The carriers that provide these services in the Vallejo area are AT&T, Comcast, Integra Telecom, Level 3, MegaPath, Sonic, Verizon, Windstream Communications, XO Communications, and Zayo.

The sample prices we identify below depend on the bandwidth, locatio n, and network configuration; whether the service is protected or unprotected; and whether the service has a switched or mesh structure.

For purposes of comparison, one incumbent provided the following sample pricing for service to a building on Mare Isla nd. All prices are for full transport and Internet access with no oversubscription (guaranteed speeds).

Table 12: Incumbent Sample Monthly Pricing
Symmetrical
Speeds
Service to
Building on
Mare Island
50 Mbps $1,125
100 Mbps $1,556

AT&T has four different types of Ethernet products: GigaMAN, DecaMAN, Opt-E-MAN, and Metro Ethernet. GigaMAN provides a native -rate interconnection of 1 Gbps between customer end points. It is a dedicated point -to-point, fiber optic -based service between customer locations, which includes the supply of the GigE Network Terminating Equipment (NTE) at the customer premises. DecaMAN connects the end points at 10 Gbps and is transmitted in native Ethernet format similar to GigaMAN, only 10 times faster . Opt -E-MAN service provides a switched Ethernet service within a metropolitan area. It supports bandwidths ranging from 1 Mbps to 1,000 Mbps, and configurations such as point -to-point, point-to-multipoint, and multipoint -to- multipoint. Metro Ethernet serv ice provides various transport capabilities ranging from 2 Mbps through 1 Gbps while meeting IEEE 802.3 standards. 94 In California, AT&T offers its OPT -E-MAN

94 http://goo.gl/oTVp0e (accessed October 2015).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 88 service to the State’s CALNET 3. Since 2014, the transport rates (not including DIA) for the silve r level of service have been as follows:

Table 13: AT&T OPT-E-MAN Service Transport Pricing to CALNET 3 Bandwidth Monthly Fee
10 Mbps $358.44
100 Mbps $696.64
1 Gbps $879.50

Service is only available where facilities exist. In areas where such facilities are not available, customers must purchase repeater service at a rate of $257.85 per month.

Comcast provides EPL services. EPL service enables customers to connect their customer premises equipment (CPE) using a lower cost Ethernet interface, as well as using any Virtual Local Area Networks (VLAN) or Ethernet control protocol across the service without coordination with Comcast. EPL service is offered with 10 Mbps, 100 Mbps, 1 Gbps, or 10 Gbps Ethernet User -to- Network Interfaces (UNI) and is available in speed increments from 1 Mbps to 10 Gbps.95 Level 3’s Metro Ethernet dedicated service is available in bandwidth options of 3 Mbps to 1 Gbps and its EVPL offers speeds ranging from 3 Mbps to 10 Gbps. 96 It is an end -to-end, Layer 2, switched Ethernet service delivered via a Multi -protocol Label Switched (MPLS) backbone.

Internet services are available in a range of 14 speeds up to 10 Gbps.97 MegaPath offers business Ethernet services in the Vallejo area with advertised symmetric speeds up to 45 Mbps. Higher speeds are available on a case-by-case basis.98 Integra Telecom offers Ethernet services from 1.5 Mbps to 10 Gbps. Point -to-point E-Line and multipoint-to-multipoint ELAN configurations are available. 99 A 1 Gbps DIA service in the City of Vallejo is priced at $9,500 monthly for a three-year term, with an installation charge of $250.

Verizon offers ELAN), EPL, and EVPL. The ELAN is a multipoint -to-multipoint bridging service at native LAN speeds. It is configured by connecting customer UNIs to one multipoint-to-multipoint Ethernet Virtual Connection or VLAN, and provides two class -of-service options—standard and real time. The EPL is a managed, point -to-point transport service for Ethernet frames. It is

95 http://goo.gl/owpABK (accessed October 2015).
96 http://goo.gl/7HozWq (accessed October 2015).
97 http://www.level3.com/~/media/files/factsheets/en_ethernet_fs_ethernetmatrix.pdf (accessed October 2015). 98 http://www.megapath.com/data/ethernet/ (accessed October 2015). 99 http://goo.gl/i7xIuI (accessed October 2015).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 89 provisioned as Ethernet over SONET (EoS) and speeds of 10 Mbps to 10 Gbps are available. The EVPL is an all-fiber optic network service that connects subscriber locations at native LAN speeds; EVPL uses point-to-point Ethernet virtual connections (EVCs) to define site-to-site connections.

It can be configured to support multiple EVCs to enable a hub -and-spoke configuration and supports bandwidths from 1 Mbps to 10 Gbps.100
Windstream Communications has a nationwide presence serving major metropolitan areas. In Vallejo, it offers DIA services with speeds up to 1 Gbps.101,102 XO Communications offers carrier Ethernet and DIA services at multiple bandwidth options, from 3 Mbps to 100 Gbps, over its Tier 1 IP network. 103, 104 A 1 Gbps DIA service in the City has a monthly recurring charge of $3,907 for a three-year term. There were no non-recurring charges for the sample location on Santa Clara Street that we used to gather these price quotes.

Zayo delivers Ethernet in three service types, with bandwidth ranging from 100 Mbps to 10 Gbps and options like quality of service (QoS) guarantees and route protection based on customer needs. The different types of services offered are Ethernet -Line, which provides point -to-point and point -to-multipoint configurations with res erved bandwidth availability; ELAN, with multipoint configurations having a guaranteed service level; and Ethernet Private Dedicated Network (E-PDN) with a completely private, managed network operated by Zayo, with dedicated fiber and equipment.105
Pricing for 10 Gbps and 1 Gbps point-to-point Ethernet lines between two on-net locations in San Francisco is provided in the tables below.

Table 14: Sample Zayo Pricing – 10 Gbps Ethernet Transport (Excluding DIA) in San Francisco Term 60 Month 48 Month 36 Month 24 Month 12 Month
Monthly Recurring Costs $2,916 $3,054 $3,192 $3,364 $3,847 Non-Recurring Costs $1,350 $1,350 $1,350 $1,350 $1,350

100 http://www.verizonenterprise.com/products/networking/ethernet/ (accessed October 2015). 101 http://goo.gl/1VmtPv (accessed October 2015).
102 http://www.windstreambusiness.com/shop/products/ca/vallejo (accessed October 2015). 103 http://www.xo.com/carrier/transport/ethernet/ (accessed October 2015). 104 http://www.xo.com/network-services/internet-access/ip-transit/100G/ (accessed October 2015). 105 http://www.zayo.com/ethernet (accessed October 2015).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 90 Table 15: Sample Zayo Pricing – 1 Gbps Ethernet Transport (Excluding DIA) in San Francisco Term 60 Month 48 Month 36 Month 24 Month 12 Month
Monthly Recurring Costs $1,468 $1,527 $1,585 $1,658 $1,863 Non-Recurring Costs $1,350 $1,350 $1,350 $1,350 $1,350

Additional examples of pricing, for the sake of comparison, including the following:

Zayo charges a monthly recurring cost of $1,613 to $2,090 (depending on the contract term) for 1 Gbps point-to-point Ethernet service between on -net sites in the Los Angeles region that are three miles apart.

In the Bay area, Zayo’s pricing for 1 Gbps and 10 Gbps wavelength services between carrier hotel locations in San Francisco and Sacramento includes monthly recurring charges of $2,800 and $3,500, respectively, for a three-year term. An additional, non-recurring charge of $3,600 is also applied to these circuits.

Zayo’s pricing for 10 Gbps and 1 Gbps DIA service at an on -net location in San Francisco is provided in the tables below.

Table 16: Sample Zayo Pricing – 10 Gbps DIA in San Francisco

Table 17: Sample Zayo Pricing – 1 Gbps DIA in San Francisco

Term 60 Month 48 Month 36 Month 24 Month 12 Month
Monthly Recurring Costs $8,429 $9,553 $11,239 $12,925 $14,048 Non-Recurring Costs $5,000 $5,000 $5,000 $5,000 $5,000
Term 60 Month 48 Month 36 Month 24 Month 12 Month
Monthly Recurring Costs $1,772 $2,008 $2,362 $2,717 $2,953 Non-Recurring Costs $1,000 $1,000 $1,000 $1,000 $1,000
City of Vallejo Broadband Master Plan | DRAFT | April 2022 91 Appendix B: Small business broadband products
In addition to enterprise and residential, many ISPs offer small business internet connecti ons.

This market tends to mirror the residential service in coverage, with few technical differences in the service — small businesses tend to purchase these packages for their faster technical assistance rather than upgraded technology. In the City of Vallejo, there are several ISPs offering small business products, the two largest being Comcast and AT&T.

Comcast offers six diff erent small busin ess internet packages to residents in Vallejo. 106 These packages range in download speed from 35 Mbps to 1 Gbps. They are shown in detail in the table below.

Table 1818: Comcast Small Business Internet Packages
Service
Advertised
Download/Upload Speeds
(Mbps)
Monthly Price (non-
promotional)
Business Internet 35 35/5 $71.95
Business Internet 100 100/15 $119.99
Business Internet 200 200/20 $134.99
Business Internet 300 300/30 $164.99
Business Internet 600 600/35 $239.99
Business Internet 1 Gig 1000/35 $339.99

AT&T is able to leverage its fiber network in some areas to offer higher upload speeds than Comcast. Elsewhere, they rely on DSL hybrid. The table below illustrates its small business service offerings.

Table 1919: AT&T Small Business Internet Packages
Service
Advertised
Download/Upload Speeds
(Mbps)
Monthly Price (non-
promotional)
Internet 25 25/2-5 $60.00

106 The availability of these offers closely mirrors the coverage footprints discussed in Section 3.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 92 Internet 50 50/10 $85.00
Internet 75 75/8-20 $115.00
Business Fiber 100s 100/100 $75.00
Business Fiber 300s 300/300 $90.00
Business Fiber 1000s 940/880 $150.00

City of Vallejo Broadband Master Plan | DRAFT | April 2022 93 10 Appendix C: Model Dig Once ordinance107

The following Dig Once ordinance is adapted from the City of South San Francisco , and captures the main features of a comprehensive legislative tool, as opposed to an internal policy:

Chapter XX.XX

OPEN TRENCH NOTIFICATION AND TELECOMMUNICATION INFRASTRUCTURE

IMPROVEMENTS
XX.XX.XX Purpose.

The City Council finds and determines that the requirements and conditions in this chapter are necessary for the following reasons:
a. To encourage the systematic development of telecommunications infrastructure and in turn maximize the availability of telecommunication and broadband service to residents and businesses within the city.
b. To protect and control access to the public right-of-way, and to extend the life of city streets and other civil infrastructure and reduce the cost of ongoing maintenance by encouraging cooperation between utility companies, pub lic agencies, and city departments.
c. To streamline and simply the process of installing and upgrading telecommunications equipment throughout the city, and to encourage the improvement and modernization of the city’s telecommunication infrastructure.

XX.XX.XX Definitions.

As used in this chapter, the following terms shall have the following meanings:
a. “Applicant” means an individual or entity submitting an encroachment permit application for an excavation project pursuant to section 13.40.003. b. “Public right-of-way” or “ROW” shall mean the area across, along, beneath, in, on , over, under, upon, and within the dedicated public alleys, boulevards, courts, lanes, roads, sidewalks, spaces, streets, and ways within the city.

107 City of South San Francisco, https://www.ssf.net/home/showpublisheddocument/15880/636951776359530000 (accessed April 14, 2022).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 94 c. "Conduit" refers to a tube, duct, stru cture, or other device designed for enclosing telecommunication wires or cables.
d. “Enhanced Remediation” means any and all standards and/or processes established by the Public Works Director that are intended to serve the purpose of ensuring that excavations performed in an area where an Open Trench Notification process has been completed will include all work necessary to restore the area to its original or enhanced condition prior to the excavation.
e. "Excavation" refers to any process which breaks up or rem oves material from the ground through any digging, drilling, boring or other activity for the purpose of installing underground utilities, infrastructure, structures, or other equipment. f. "Facilities" and "Infrastructure" refer to wires, cables, conduit, switches, transmission equipment or other equipment for use in transmitting or processing telecommunications services or for providing support or connection to such equipment.
g. “Open Trench Notification” shall mean the notification process set forth under Section

13.40.004.
h. “Service providers” refers to any person, company, corporation or other entity providing data, voice, cable, video or other information services by wire, fiber optic cable or other technology.
i. “Telecommunication” refers to data, voice, vide o or other information provided by wire, fiber optic cable or other technology.

XX.XX.XX Open Trench Notification Triggered for Excavation Projects. a. The Public Works Director shall determine, upon receipt of an encroachment permit application for an exca vation project pursuant to Section 13.04.010 or approval of specifications for a public works project, that if either criteria in subsection (i) or (ii) below are met:
a. The application or specification involves utility infrastructure construction, road c onstruction or resurfacing, or other work that will result in an excavation that could reasonably include, or prepare for, the installation of broadband conduit, or is part of the Information Technology Strategic Plan.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 95 b. It spans 900 feet or three city bl ocks within the ROW, or involves terrain that is difficult or expensive to traverse (e.g. a bridge), or is an element of a larger project that will require installation or upgrading of utility infrastructure. b. If an encroachment permit application for an excavation project or approval of specifications for a public works project satisfies either subsection (i) or (ii) above, the applicant shall be required to comply with the Open Trench Notification as provided in Section 13.40.004.
c. The Public Works De partment shall initiate the Open Trench Notification process by delivering notice and instructions for participation in accordance with the requirements of provided in Section 13.40.004.

XX.XX.XX Notification Process.
a. In compliance with section 13.40.005, all Service Providers and third parties interested in collocating conduits and telecommunication facilities in the project excavation area shall inform the Public Works Department of the interest to participate in the manner set forth in subsect ion (a) of section 13.40.005 from the date of an Open Trench Notice issued pursuant to subsection (b) of this section. b. The Public Works Director, in consultation with the Information Technology Department, shall develop and implement an Open Trench Notification Policy, as may be amended from time to time, that establishes the standards and processes to carry out the intent and requirements of this chapter.
c. At a minimum, the Open Trench Notification Policy shall include the following:
i. The procedure by which the Public Works Department will initiate the Open Trench Notification process for each qualified excavation project pursuant to subsection (b) of section 13.40.003.
ii. The procedure for receiving, processing, and reviewing of notices of intent to participate from interested Service Providers and third parties for collocation of conduits and telecommunication facilities in the project area. iii. The timeline for interested Service Providers and third parties to submit notices of intent to participate in collocatio n work and delivering notices received to the project applicant.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 96 iv. The criteria for determining whether responses received from interested Services Providers and third parties for collocation work are competent and may be forwarded to the applicant.
v. The procedure for receiving, processing, and reviewing of any protests regarding negotiations between the parties for collocation of conduits and telecommunication facilities in the project area.
vi. The criteria for determining whether the information provided in support of a protest sufficiently demonstrate that further negotiation is appropriate, and the timeline for such further negotiation if warranted.

XX.XX.XX Response to Open Trench Notifications
a. Services Providers and third parties interested in partic ipating in the open trench collocation pursuant to section 13.40.004 shall submit a notice of intent to participate to the Public Works Department within 30 days of an Open Trench Notice issuance.

The notice of intent shall contain sufficient information t o constitute a competent response to be forwarded to the project applicant pursuant to subsection (c)(iv) of section 13.40.004.
i. Responses to open trench notifications shall be forwarded to the project applicant. The applicant is responsible for negotiating collocation of conduits and/or other telecommunication facilities with any interested third parties for the project location.
ii. Protests regarding negotiations between the parties for collocation work and any information in support thereof may be submitted to the Public Works Department. The Public Works Department shall be responsible to determine whether the information provided sufficiently demonstrate that further negotiation is warranted.
b. The Information Technology Department Director sha ll designate staff to receive notifications of pending excavation projects, broadband -related work, and other encroachment permit applications that are subject to the Open Trench Notification process.
c. The Information Technology Director shall determine whe ther to submit a response to the Open Trench Notification for collocating conduits or telecommunication facilities at the project location, by considering the following:

City of Vallejo Broadband Master Plan | DRAFT | April 2022 97 i. The collocation of city -owned conduit in a given project is consistent with the Information Technology Strategic Plan, or will support the achievement of other city objectives.
ii. The incremental installation cost is reasonable.
iii. The cost of maintaining the conduit over time is proportionate to its value to the city.
iv. Sufficient funds are avai lable within existing budgets, or can be obtained from other sources.
v. Collocation should be pursued in furtherance of overall city goals and priorities, the collocation makes sense.
a. If the Information Technology Director submits a response to the Open Tre nch Notification for collocation work, the Information Technology Director or his designee shall attempt to negotiate an acceptable agreement with the project applicant. If negotiation is successful, the Information Technology Department shall coordinate t he design and construction of the collocation work with the Public Works Department, including whether installation of facilities in addition to conduits would be necessary. b. Any conduits or telecommunication facilities collocated pursuant to subsection (b) shall be the property of the City.
c. The Information and Technology Department shall maintain a geodatabase of communications assets located within or connecting to the city, including but not limited to:
i. city-owned conduit and appurtenant facilities;
ii. fiber optic cable;
iii. towers and tower sites;
iv. communications facilities and services belonging to third parties that are used by the city;
v. real estate, poles, and other city -owned assets leased to third parties for telecommunication purposes.
vi. Third party network data provided to the City in conjunction with such leases or permitting processes, or as may become available through other means, including City of Vallejo Broadband Master Plan | DRAFT | April 2022 98 but not limited to a future electronic plans submission program, or as collected by other agencies or provided by telecommunications companies.

XX.XX.XX Compliance with the Open Trench Notification Process; Enhanced Remediation.
a. The Open Trench Notification Process shall be deemed complete if no responses were received from interested parties pursuant to subsection (a) of section 13.40.005, or if the applicant has negotiated collocation of conduits and/or other telecommunication facilities with any interested third parties pursuant to subsection (a) of section 13.40.005. b. The Open Trench Notification Process shall also be deemed complete if either party to the collocation negotiation required herein submits a protest to the Public Works Department regarding the negotiation, and the Public Works Department determines that, pursua nt to subsection (c) of section 13.40.004 and based on the information provided to it, further negotiation is inappropriate or not warranted. c. The Public Works Director shall not approve any project application that is subject to the Open Trench Notification process and requirements of this chapter unless an application has satisfied the Open Trench Notification requirements established herein. A project that has satisfied the requirements of this chapter may be approved by the Director, subject to other applicable requirements and authorizations in the most current editions of the City’s Municipal Code or any applicable public works construction standards, to allow permitted work to commence.
d. After an application has been approved, any subsequent excavation work or project by the applicant or any other Service Provider or third party in the project area shall be subject to Enhanced Remediation requirements for five years following the completion or abandonment of such subsequent work or project. Enhanced Remediation may include general standards or standards specific to an excavation. The Public Works Department shall adopt policies and guidelines to set forth such Enhanced Remediation requirements consistent with the intents of this chapter.

XX.XX.XX Implementation.

Within 60 days after this chapter takes effect, the city shall email, fax, mail or deliver a copy of it to telecommunications service providers and other affected entities doing business within the city.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 99 XX.XX.XX Waivers.
a. In the event of an eme rgency or urgent conditions that require immediate action, or for other good cause relating to the public health, safety or welfare, the Public Works Director may waive or modify, in whole or in part, the Open Trench Notification requirements established by this chapter.

b. The Public Works Director may exempt projects from the requirements of this chapter where compliance has been determined by the Public Works Director to be not practical or feasible. Requests for an exemption shall be made in writing and the Public Works Director’s decision shall be final. A request for exemption shall include all information necessary for the Public Works Director to make a decision, including but not limited to documentation showing factual support for the requested exem ption. The Public Works Director may approve the exemption request in whole or in part, with or without conditions.

XX.XX.XX Violations
Violations of this chapter is hereby declared to be a public nuisance. Any violation of this chapter shall be subject to abatement by the city, as well as any other remedies that may be permitted by law for public nuisances, and may be enforced by injunction, upon a showing of violation.

XX.XX.XX No Conflict with Federal or State Law.

Nothing in this chapter sha ll be interpreted or applied so as to create any requirement, power, or duty in conflict with nay Federal or State law.

SECTION 4. Severability
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances, shall n ot be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby City of Vallejo Broadband Master Plan | DRAFT | April 2022 100
declares that it would have passed each section, subsection, subdivision , paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 101
11 Appendix D: Shadow conduit specifications108
The following is a collection of technical specifications to support the City in the creation of a shadow conduit policy and was developed by the Monterey Bay Economic Partership and the Central Coast Broadband Consortium. These guidelines generally assume that empty conduit is being installed. If conduit is being installed to support a specific user, purpose or fiber project, then those considerations should drive design decisions and feasibility determinations.

1. Conduit Size
a. 2-inch conduit is sufficient for multiple high capacity fiber cables using current technology (432 strands or more), and can be subdivided using inner-duct that would allow multiple service providers to share a single conduit. b. 4-inch conduit has even more capacity but , due to its larger size, can present design problems, for example when connecting to vaults. This size of conduit was standard when telecommunications systems depended on thick bundles of copper cables, but is not necessary for most modern fiber applicati ons.

However, 4 -inch conduit should be considered for installation on bridges, railroad crossings and in other circumstances where future changes would be particularly difficult or impossible.
c. Smaller conduit, e.g. 1.25-inch, is useful when it is not possible to install 2-inch conduit or when many, separate conduits are installed. It may be preferred when conduits are expected to be used by a single service provider, rather than shared among many over time, or when it meets the needs of an anticipated project or service provider.

2. The size and number of conduits installed depends on the particular needs of any given project, and the number of likely or confirmed participants. For example, installation of a bank of four 2 -inch conduits provides sufficient flex ibility to accommodate a range of needs, and is a better option than installing two 4 -inch conduits. However, because of the ability to subdivide it, installing two 2-inch conduits would not necessarily be less useful than two 4 -inch conduits. As a startin g point, installation of a bank of four 2 -inch conduits can be considered as a reasonable standard when construction is done on a prospective basis on a main street, while a

108 Monterey Bay Economic Partnership & Central Coast Broadband Consortiu m, ”Shadow Conduit Specifications

1.0,”
https://www.tellusventure.com/downloads/bank/mbep_ccbc_conduit_specifications_version_10_1dec2016. pdf (accessed April 13, 2022).

City of Vallejo Broadband Master Plan | DRAFT | April 2022 102
single conduit capable of supporting multiple inner -ducts might be sufficient for a smaller or more peripheral street.

3. An additional factor to consider is whether future conduit installation would be particularly problematic, as with railroad right of ways, or even impossible, which is often the case with bridges. In these circumstances, installation of more and/or bigger conduit than would normally be the case is advisable.

4. Conduit may be located in either streets or sidewalks, however installation in sidewalks is typically easier and less expensive. Traffic control is a much smaller issue, there are usually fewer existing underground utilities, and vault lids do not need to be traffic rated. Contractors are responsible for locating gravity feed lines, and this responsibility should be spelled out in the bid documents and/or the jurisdic tion’s standards.

5. Sweeping conduit bends should be used to allow cable to be pulled without exceeding pull-tension thresholds when placing high -count fiber cables (e.g. 864 -count).

Unsupported conduit bends should have a minimum bend radius of 48 -inches, and bends utilizing manufactured elbows should have a minimum radius of 36-inches (45- degree elbow maximum). However, when necessary, modern fiber optic cables are capable of supporting bends of up to 90-degrees.

6. A number of factors should be considered in determining if the addition of conduit to a host project is feasible. These factors include:
a. Length of the conduit section that would be installed. There is no absolute, minimum useful length for conduit sections. However, very short or isolated sections might not be cost effective to use, unless installed as part of a larger plan.
b. Proximity to current or planning public facilities and community anchor locations, and economic development needs and plans.
c. Presence of other city or county -owned communications infrastructure, or other open access communications facilities or services. d. Whether physical constraints (bridges, freeway underpasses, underground utility districts) would make it unlikely that there are cost -effective alternatives in the vicinity if needed in the future.
e. Whether any partners or customers or other users can or will make immediate use of it.

City of Vallejo Broadband Master Plan | DRAFT | April 2022 103
f. The cost of alternative routes, such as placement on utility poles, if needed in the future.
g. Budgetary constraints, or added costs that render the host project infeasible. h. Time constraints, particularly the possibility of delaying installation of critical infrastructure.
i. Risk of interfering with operation or maintenance of host project facilities.

7. Installing detector wire/warning tape 3 in ches to 6 inches above the conduit is a common standard, but circumstances can vary widely and this question should be addressed on a case by case, engineering design basis. Pull ropes should be included as a standard design element. Pull ropes with built-in detector wire are available and, depending on the circumstances, could perform adequately.

8. Choice of material depends on circumstances, however HDPE and PVC are commonly used materials.

9. Backfill type and materials, and other remediation/construction mea sures should be determined by the standard specifications used by the jurisdiction concerned.

10. When conduit is installed on a generic, “open trench” basis, a minimum standard is to install conduit the entire length of the trench, with sweeps installed to a future access point and with both ends capped and buried for future use. Where possible, vaults or hand holes should be placed at either end, and any lateral conduit that is installed should likewise terminate at an access point.

ACTION ITEM 9.C.

DATE: April 26, 2022
TO: Mayor and Members of the City Council
FROM: Carmen Valdez, Human Resources
SUBJECT: ADOPT A RESOLUTION APPOINTING MICHAEL MALONE AS CITY MANAGER

APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF VALLEJO AND

MICHAEL MALONE AND AUTHORIZING THE MAYOR TO EXECUTE SAME

RECOMMENDATION
Adopt a Resolution appointing Michael Malone as City Manager, approving an Employment Agreement between Michael Malone and the City of Vallejo and authorizing the Mayor to execute same.

REASONS FOR RECOMMENDATION
With the departure of the previous City Manager, Greg Nyhoff, the City has been utilizing existing staff to stand in as an interim City Manager. Based upon the performance of Michael Malone as both the Water Director and as the Interim City Manager and given the current work underway that will benefit from Mr.

Malone's continued consistent leadership, the City Council has determined that a two year contract is appropriate at this time.

BACKGROUND AND DISCUSSION
After considerable review and discussions, the City Council has determined it is in the best interest of the City to appoint Mr. Michael Malone as City Manager and to approve an Employment Agreement relating thereto. A copy of the Employment Agreement setting forth the term of agreement, total compensation and benefits is attached hereto as Exhibit A.

This report provides for the approval of an Employment Agreement with compensation and benefits for the City of Vallejo City Manager based on several factors, including market considerations for the position of a City Manager in the Bay Area, the City of Vallejo's fiscal environment, the complexity of organizational and community issues, salary compaction of subordinates, and Mr. Malone's extensive skills, knowledge, and abilities which have been demonstrated as both the Water Director and as the Interim City Manager. The proposed initial base salary is $ 278,000 annually, with other compensation and benefits as outlined in this report. The initial term of the proposed Agreement is twenty-four (24) months from the effective date of the Agreement of April 18, 2022.

In addition to standard terms and conditions of employment, the Agreement provides for the following salary and benefits:
Base Salary: $278,000 annual salary
Housing/Lodging Assistance allowance of $450.00 per month Administrative leave allowance of 80 hours per calendar year with a cash out option upon notice. Annual leave (vacation) accrual of 200 hours per calendar year with a maximum accrual cap of six hundred (600) hours.
Sick leave accrual rate of eight (8) hours per month of employment, with a maximum accrual cap of two hundred eighty-eight (288) hours, no payout of accrued sick leave balance upon separation, but the option to use accrued sick leave to purchase CALPERS service credit if permitted by law.

Date: April 26, 2022
Subject: ADOPT A RESOLUTION APPOINTING MICHAEL MALONE AS CITY MANAGER

APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF VALLEJO AND

MICHAEL MALONE AND AUTHORIZING THE MAYOR TO EXECUTE SAME

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Vallejo City CouncilApril 26, 2022

Vallejo City Council
April 26, 2022