Agenda packet — Vallejo City Council, May 10, 2022 (part 1 of 2)

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Dial (669) 900-6833
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VALLEJO CITY COUNCIL
REGULAR MEETING – 7:00 PM

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California
MAY 10, 2022
NOTICE: Members of the Public will be able to participate in-person or remotely via Zoom.

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

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

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

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

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

4. REPORT OUT OF CLOSED SESSION

5. PRESENTATIONS AND COMMENDATIONS
A. CITIZEN AWARD & SPECIAL RECOGNITION TO TWO LOCAL HEROES

FOR THEIR LIFE SAVING EFFORTS

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

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

8. CONSENT CALENDAR AND APPROVAL OF AGENDA
A. APPROVAL OF MINUTES
Recommendation: Approve minutes for the joint special meeting of the City Council and Planning Commission of April 18 and the special and regular meetings of April 26, 2022
Contact: Dawn G. Abrahamson, City Clerk (707) 648-4527
[email protected]
B. WAIVE FULL READING AND AUTHORIZING INTRODUCTIONS AND/OR

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

Contact: Dawn G. Abrahamson, City Clerk (707) 648-4527
[email protected]
C. ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2021-2022

CAPITAL IMPROVEMENT PROJECT BUDGET BY ALLOCATING
$1,000,000 FROM THE GENERAL FUND TO THE PW9819 NORTH MARE

ISLAND BUILDING DEMOLITION PROJECT FUND
Recommendation: Adopt a Resolution to amend the FY 2021-22 Capital Improvement Project budget to allocate General Fund balance in the amount of $1,000,000 to PW9819 North Mare Island Building Demolition.

Contact: Melissa Tigbao, Public Works Director, 707-648-4085 [email protected]
D. NOTICE OF INTENT TO AMEND CAPITAL IMPROVEMENT PROJECT

BUDGET FOR POLICE DEPARTMENT AND JFK LIBRARY RELOCATION

FEASIBILITY STUDY
Recommendation: Receive the Notice of Intent to amend the Capital Improvement Project budget to allocate $500,000 from the General Fund to Project PW9818 to cover the costs of the feasibility study requested by the City Council.

Contact: Melissa Tigbao, Public Works Director, 707-648-4085 [email protected]
E. ISSUE A PROCLAMATION RECOGNIZING MAY 2022 AS "OLDER
AMERICANS MONTH"
Recommendation: At the request of Carquinez Village, issue a proclamation recognizing May 2022 as "Older Americans Month"
Contact: Mayor McConnell
[email protected]
F. ISSUE A PROCLAMATION COMMEMORATING 45 YEARS OF THE

FLORENCE DOUGLAS CENTER
Recommendation: At the request of Center Director Peter Wilson, issue a proclamation commemorating 45 years of the Florence Douglas Center Contact: Mayor McConnell
[email protected]
G. ISSUE A PROCLAMATION DECLARING WEEK OF MAY 15 AS "NATIONAL PUBLIC WORKS APPRECIATION WEEK"
Recommendation: At the request of Public Works Director Tigbao, issue a proclamation declaring the week of May 15 as "National Public Works Appreciation Week"
Contact: Mayor McConnell
[email protected]
H. ISSUE A PROCLAMATION RECOGNIZING NATIONAL NURSES MONTH - MAY 2022
Recommendation: At the request of Kaiser Permanente Napa-Solano Public Affairs Director Shiyama Clunie, issue a proclamation recognizing National Nurses Month - May 2022
Contact: Mayor McConnell
[email protected]

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

A. ADOPT RESOLUTION APPROVING A PROFESSIONAL SERVICES
AGREEMENT WITH ECONOMIC FORENSICS AND ANALYTICS, INC. FOR DEVELOPMENT OF THE 2022 VALLEJO ECONOMIC DEVELOPMENT
STRATEGIC PLAN IN AN AMOUNT NOT TO EXCEED $245,000 AND
ALLOCATING $155,000 TO IMPLEMENT THE PROJECTS RECOMMENDED

BY THE PLAN
Recommendation: Adopt a resolution authorizing the city manager to execute a professional services agreement with Economics, Forensics & Analytics, Inc. (EFA) for development of the Economic Development Strategic Plan in an amount not to exceed $245,000 and allocate $155,000 to implement the projects recommended by the plan.

Contact: Emi Thériault, Economic Development Program Manager (707) 649- 5454
[email protected]
Paul Kelley, Special Advisor to City Manager - Economic Development Manager (7070 648-4109
[email protected]
Gillian Hayes, Assistant City Manager (707) 648-4163
[email protected]
B. INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING CHAPTER 12.28 OF THE VALLEJO MUNICIPAL CODE RELATING TO

FIREWORKS
Recommendation: Introduction and First Reading of an Ordinance Amending Vallejo Municipal Code by Repealing and Replacing Chapter 12.28 Relating to Fireworks.

Contact: Vincent Sproete, Fire Prevention Manager (707) 648-4566 [email protected]
C. PUBLIC HEARING OF APPEAL OF PLANNING COMMISSION DENIAL OF

REQUEST TO MODIFY CONDITIONS OF APPROVAL OF MAJOR USE
PERMIT #20-0008 AUTHORIZING V-TOWN FARMS TO OPERATE A
RETAIL CANNABIS BUSINESS LOCATED AT 5184 SONOMA
BOULEVARD, SUITE 300
Recommendation: Conduct the public hearing and adopt a Resolution denying Appeal (APP) #22-0001, and uphold the Planning Commission denial of a request to amend Major Use Permit (UP) #20-0008 for V-Town Farms at 5184 Sonoma Boulevard, Suite 300.

Contact: Christina Ratcliffe, AICP, Planning and Development Services Director [email protected]
D. 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.

Contact: Veronica Nebb, City Attorney (707) 648-4545
[email protected]

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

A. QUARTERLY COUNCIL UPDATE FROM THE PLANNING AND

DEVELOPMENT SERVICCES DEPARTMENT AND THE ECONOMIC

DEVELOPMENT DIVISION
Recommendation: Item is for informational purpose only and no action is required. There is no staff report associated with this item.

Contact: Christina Ratcliffe, Planning & Development Services Manager (707) 648-4326
[email protected]
Paul Kelley, Special Advisory to City Manager/Economic Development Director (707) 649-5452
[email protected]

11. CITY MANAGER’S REPORT

12. CITY ATTORNEY’S REPORT

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

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

15. ADJOURNMENT
___________________________________________________________________________________________

ADDITIONAL CITY INFORMATION
Members of the public can:

Like us on Facebook and Instagram (@cityofvallejo)
Sign up to receive City Communications via e-mail (www.cityofvallejo.net/subscribe) Sign up for emergency alerts at: alertsolano.com
Dated: Wednesday, May 4, 2022 Robert H. McConnell, Mayor I, Dawn Abrahamson, City Clerk do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Vallejo City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 555 Santa Clara Street, CA at 12:00 p.m., Wednesday, May 4, 2022.

Dated: Wednesday, May 4, 2022 Dawn G. Abrahamson, City Clerk

Joint Special Council & Planning Commission Meeting Minutes April 18, 2022
Page | 1

JOINT CITY COUNCIL & PLANNING

COMMISSION

SPECIAL MEETING MINUTES

COUNCI CHAMBERS
555 Santa Clara Street, Vallejo,
California
APRIL 18, 2022

1. CALL TO ORDER
The meeting was called to order at 6:02 p.m.

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Council Present: Mayor McConnell, Vice Mayor Verder-Aliga, Councilmembers Dew, Loera-Diaz, and Miessner
Council Absent: Councilmembers Arriola and Brown
Planning Commissioners Present: Chair Cohen-Thompson, Vice Chair Stamps, Commissioners Blind, Bowman, Douglass, Matulac, and Palmares Staff Present: City Manager Malone, City Attorney Nebb, City Clerk Abrahamson, Interim Assistant City Manager Hayes, Interim Planning & Development Services Director Ratcliffe, and Planning Manager Kavanaugh-Lynch

4. PRESENTATIONS AND COMMENDATIONS
Action: presentation to be rescheduled.

A. PRESENTATION FROM CALIFORNIA DEPARTMENT OF HOUSING AND

COMMUNITY DEVELOPMENT (HCD) ON RECENT HOUSING LEGISLATION

5. INFORMATION CALENDAR
A. PRESENTATION TO THE JOINT MEETING OF THE CITY COUNCIL AND

THE PLANNING COMMISSION ON THE UPDATE OF THE HOUSING AND

SAFETY ELEMENTS AND THE ADDITION OF THE ENVIRONMENTAL

JUSTICE ELEMENT TO THE GENERAL PLAN
Recommendation: Receive a presentation from the City’s consultant, PlaceWorks, on the update of the Housing and Safety elements and the addition of the new Environmental Justice element of the General Plan. Hear from the public and provide input to the consultant and staff.

Contact: Margaret Kavanaugh-Lynch, Planning Manager 707-648-8604 [email protected]
Interim Planning & Development Services Director Ratcliffe provided introductory comments.

Joint Special Council & Planning Commission Meeting Minutes April 18, 2022
Page | 2
Amy Sinsheimer and Eli Krispi (Placeworks) provided an overview of the Housing Element, which included Regional Housing Needs Allocation, State Housing Laws, and Public Outreach, presented an overview of the Housing Strategy and Safety element, including the addition of the new Environmental Justice element, and concluded the presentation by outlining the project schedule.

There was a short recess during the presentation at 6:28 p.m. due to technical difficulties. The meeting resumed with the remainder of the presentation at 6:35 p.m.

Staff and the Consultants responded to questions from Councilmembers and Planning Commissioners.

Speakers: Liat Meitzenheimer, Tara Beasley-Stansberry, Cristal Little, Anne Carr, and Ken Szutu.

Another question and answer period followed. Councilmembers and Planning Commissioners provided comment.

6. ADJOURNMENT
The meeting adjourned at 7:59 p.m.

Special City Council Meeting Minutes
April 26, 2022
Page | 1

VALLEJO CITY COUNCIL

SPECIAL MEETING MINUTES
APRIL 26, 2022

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

1. CALL TO ORDER
The meeting was called to order at 5:33 p.m.

2. ROLL CALL

Present: Mayor McConnell, Vice Mayor Verder-Aliga, Councilmembers Arriola, Dew (arrived at 5:35 p.m.), and Loera-Diaz

Absent: Councilmembers Brown and Miessner
Staff present: Interim City Manager Malone, City Attorney Nebb and City Clerk Abrahamson, Interim Assistant City Managers Hayes and Davis, Carmen Valdez, Human Resources Consultant, and Aaron Slater (Beauchaine Consulting Group, LLC) The City Council convened into closed session in the Council Conference Room at 5:38 p.m.

3. CLOSED SESSION
A. Conference with Labor Negotiators Pursuant to California Government Code Section 54957.6. Negotiators: Mike Malone, Interim City Manager; Terrance Davis, Interim Assistant City Manager; and Aaron Slater (Beauchaine Consulting Group, LLC.); Employee Organization: Vallejo Police Officers Association (VPOA)
B. Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8
Property: 1668 Broadway, APN 0053-021-100
Agency Negotiators: Mike Malone, Interim City Manager; Terrance Davis, Interim Assistant City Manager; and Veronica Nebb, City Attorney Negotiating Parties: Keller Williams Commercial - Thomas Casazza Under Negotiations: Price and Terms of Payment
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section 54957
Title: City Attorney

4. ADJOURNMENT
The meeting adjourned at 6:53 p.m.

Special City Council Meeting Minutes
April 26, 2022
Page | 2

________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
________________________________
DAWN G. ABRAHAMSON

CITY CLERK
Regular City Council Meeting Minutes
April 26, 2022
Page | 1

VALLEJO CITY COUNCIL

REGULAR MEETING MINUTES
APRIL 26, 2022

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

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

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

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

Absent: Councilmembers Brown and Miessner
Staff present: Interim City Manager Malone, City Attorney Nebb and City Clerk Abrahamson

4. REPORT OUT OF CLOSED SESSION
City Attorney Nebb reported Council provided direction to its negotiators with respect to Closed Session Items 3A and 3B. Closed Session Item 3C was not concluded and will appear on a future agenda.

5. PRESENTATIONS AND COMMENDATIONS – None.

6. FIRST COMMUNITY FORUM
Speakers: Daniel Golinski, Ryan Messano, Lillie J. Hurd, Mishel Deniz Adolph, Kimberly Nunez-Brandao, Andrea Sorce, and Robert Brekke.

7. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS
Speakers: Robert Brekke (Item 8H), Melisa Swift (Item 8J) and David Haldane (Items 8J & 8L).

8. CONSENT CALENDAR AND APPROVAL OF AGENDA
Action: Moved by Vice Mayor Verder-Aliga and carried unanimously by Councilmembers present, unless otherwise noted, approval of the Agenda and the Consent Calendar with the removal of Items 8H, 8J and 8L from the Consent Calendar making them items 8.1, 8.2 and 8.3 in the order as they appeared on the Agenda (Absent – Brown and Miessner).

A. APPROVAL OF MINUTES
Recommendation: Approve minutes for the special meeting of April 11, 2022 and the special and regular meetings of April 12, 2022
Contact: Dawn G. Abrahamson, City Clerk (707) 648-4527
[email protected]
Regular City Council Meeting Minutes
April 26, 2022
Page | 2
Action: Approved minutes.

B. WAIVE READING AND AUTHORIZE INTRODUCTIONS AND/OR ADOPTION

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

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

C. PAYMENT OF CLAIMS: FEBRUARY 2022
Recommendation: Ratify the payment of claims for the period of February 1, 2022 through February 28, 2022.

Contact: Rekha Nayar, Finance Director (707) 648-4592
[email protected]
Action: ratified payment of claims for period of February 1-28, 2022.

D. 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
Recommendation: Adopt a Resolution to

1. Authorize 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 for the 2118 and 2134/2136 Sacramento Street Abatement and Demolition Project; and

2. Accept the 2118 and 2134/2136 Sacramento Street Abatement and Demolition Project performed by Resource Environmental. Inc., of Cerritos, California, as complete and authorize and direct the City Clerk to file a Notice of Completion with the Solano County Recorder's Office.

Contact: Melissa L. Tigbao, Acting Public Works Director, (707) 648-4085 [email protected]
Action: Adopted Resolution No. 22-072 N.C.

E. 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 Regular City Council Meeting Minutes
April 26, 2022
Page | 3
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).

Contact: Beth Schoenberger, Acting Water Director
[email protected]
(707) 648-5439
Action: Adopted Resolution No. 22-073 N.C.

F. 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.

Contact: Gillian Hayes, Interim Assistant City Manager (707) 648-4163 [email protected]
Action: Adopted Resolution No. 22-074 N.C.

G. ISSUE A PROCLAMATION RECOGNIZING MAY 1-7, 2022 AS "NATIONAL TOURISM WEEK"
Recommendation: At the request of Visit Vallejo, issue a proclamation recognizing May 1-7, 2022 as "National Tourism Week"
Contact: Mayor McConnell
[email protected]
Action: Issued proclamation recognizing May 1-7, 2022 as "National Tourism Week"
H. ISSUE A PROCLAMATION RECOGNIZING THE AGE FRIENDLY

COMMUNITY
Recommendation: At the request of Supervisor Brown, issue a proclamation recognizing the Age Friendly Community
Contact: Mayor McConnell
[email protected]
Action: item was removed from the Consent Calendar.

Speaker: Danita Coleman (Napa/Solano County on Aging)
Moved by Vice Mayor Verder-Aliga and carried by unanimously by Councilmembers present to issue a proclamation recognizing the Age Friendly Community.

I. ISSUE A PROCLAMATION RECOGNIZING MAY 1-7, 2022 AS "NATIONAL DRINKING WATER WEEK"
Recommendation: At the request of the Water Department, issue a proclamation recognizing May 1-7, 2022 as "National Drinking Water Week" Regular City Council Meeting Minutes
April 26, 2022
Page | 4
Contact: Mayor McConnell
[email protected]
Action: Issued proclamation recognizing May 1-7, 2022 as “National Drinking Water Week”
J. 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).

Contact: Melissa Tigbao, Acting Public Works Director, (707) 648-4085 [email protected]
Action: item was removed from the Consent Calendar.

Following discussion, it was moved by Vice Mayor Verder-Aliga and carried by Councilmembers present to provide 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) (Noes-Arriola and Loera-Diaz; Absent:

Brown and Miessner).

K. 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.

Contact: Shawny K. Williams, Chief of Police (707) 648-4540 [email protected]
Action: Adopted Resolution No. 22-075 N.C.

L. 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.

Contact: Paul Kelley, Special Advisor to City Manager - Economic Development Manager (707) 648-4109
Regular City Council Meeting Minutes
April 26, 2022
Page | 5
[email protected]
Annette Taylor, Sr. Community Development Analyst, Economic Development Division (707) 649-3510
[email protected]
Action: item was removed from the Consent Calendar.

Following discussion, it was moved by Vice Mayor Verder-Aliga to adopt a resolution authorizing 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.

On a substitute motion offered by Councilmember Loera-Diaz, which carried unanimously by Councilmembers present, Resolution No. 22-076 N.C. was adopted authorizing 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, and directing staff to return to Council if the Finance Director finds an additional funding source to increase funding by $250,000.

9. ACTION CALENDAR
A. INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING CHAPTER 7.68 OF THE VALLEJO MUNICIPAL CODE RELATED TO THE

Contact: Veronica Nebb, City Attorney (707) 648-4545
[email protected]
Mayor McConnell recused himself due to a Conflict of Interest due to a business relationship with a business that would be impacted by this item and left the Council Chamber. Vice Mayor Verder-Aliga assumed presiding over the meeting.

City Attorney Nebb provided an overview of the staff report and outlined the recommendation.

Speakers: Joseph Hayden, Tony Bowles, Kimberly Nunez-Brandao, Mishel Deniz Adolph, Calyn Kelley, Andrea Sorce, Ricardo Willis, Daniel Golinski, Ryan Messano, Amaya Wooding, David Haldane, Wendy Loomas, Tracy McDonald, Alix, Brian Davis, Sean Kali-Rai, Rhonda Chadwick, Genesis Miguel, Teresa, Kristen Vinluan, Tino Ratliff, Martinez Laurels, Kelly Farias, Jameelah Hanif, Regular City Council Meeting Minutes
April 26, 2022
Page | 6
Rhonda Renfro, and Rosalyn Moya.

Staff responded to questions from Councilmembers. Councilmembers provided comment.

The meeting recessed at 8:47 p.m. and reconvened at 9:00 p.m.

Action: Moved by Vice Mayor Verder-Aliga and carried unanimously by Councilmembers present to continue this item to the May 10 regular City Council meeting. (Absent – Brown and Miessner; Abstained Due to Conflict of Interest – Mayor McConnell).

The Mayor returned to the Council Chamber and assumed his seat at the dais.

B. 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.

Contact: Naveed Ashraf, Chief Innovation Officer & IT Director (707)-648-5200 [email protected]
Chief Innovation Officer/IT Director Ashraf provided introductory comments.

Patrick Mulhearn (CTC) outlined what is new the draft report and the community engagement efforts, including stakeholder outreach meetings and interviews, discussed initial findings from community assessments and proposed infrastructure designs and cost estimates, reviewed programmatic, policy and process recommendations and federal and state funding opportunities, and concluded the presentation by outlining next steps.

Speakers: Robert Brekke, David Haldane and Chris Platzer.

Staff and the Consultant responded to questions from Councilmembers.

Councilmembers provided comment. No formal action was taken.

C. 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.

Contact: Veroncia A.F. Nebb, City Attorney (707) 648-4545 [email protected]
Human Resources Consultant Valdez provided an overview of the staff report and outlined the recommendation.

Regular City Council Meeting Minutes
April 26, 2022
Page | 7
Speakers: Tim Hiemstra, Ruscal Cayangyang, Mark Lampkin, David Haldane, Andrea Sorce, Anne Carr, Jameelah Hanif, Jimmie Jackson, and Diana Estrin.

Councilmembers provided comment.

Action: Moved by Vice Mayor Verder-Aliga and carried by Councilmembers present to adopt Resolution No. 22-077 N.C. (Noes – Arriola; Absent – Brown and Miessner).

10. INFORMATION CALENDAR – None.

11. CITY MANAGER’S REPORT
City Manager Malone reported the Police Department received a check for a Mobile Health Unit grant and recognized the Water Department for receiving funding from the County for two feasibility studies.

12. CITY ATTORNEY’S REPORT
City Attorney Nebb provided an overview of the third quarterly report covering January – Mach 2022.

A. QUARTERLY REPORT FOR FISCAL YEAR 2021/2022, THIRD QUARTER (JAN - MAR 2022)
Recommendation: Informational item only. No action required.

Contact: Veronica A.F. Nebb, City Attorney (707) 648-4545 [email protected]

13. COMMUNITY FORUM
Speakers: Dwight Monroe Jr., David Haldane and Anne Carr.

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

15. ADJOURNMENT
The meeting adjourned at 11:45 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
________________________________
Regular City Council Meeting Minutes
April 26, 2022
Page | 8
DAWN G. ABRAHAMSON

CITY CLERK
CONSENT CALENDAR 8.C.

DATE: May 10, 2022
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, Public Works Director
SUBJECT: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2021-2022 CAPITAL IMPROVEMENT PROJECT BUDGET BY ALLOCATING $1,000,000 FROM THE GENERAL FUND TO THE PW9819 NORTH MARE ISLAND BUILDING DEMOLITION

PROJECT FUND

RECOMMENDATION
Adopt a Resolution to amend the FY 2021-22 Capital Improvement Project budget to allocate General Fund balance in the amount of $1,000,000 to PW9819 North Mare Island Building Demolition.

REASONS FOR RECOMMENDATION
An amendment to the FY 2021-2022 Capital Improvement Project budget is needed in order to allocate funding needed to complete hazardous material abatement on the former site of Building 571 in North Mare Island.

BACKGROUND AND DISCUSSION
Mare Island, with its entire infrastructure, was transferred to the City beginning in 1996 as part of the Mare Island Naval Shipyard closure. Over the years, in an effort to accelerate economic development on the island, the City demolished various dilapidated buildings. In 2019, abatement and demolition activities began on the parcel bordered by Railroad Avenue on the northeast, Walnut Avenue on the southwest, G Street on the southeast, and H Street on the northwest. The parcel encompassed buildings 571, 573, and 577, as well as a temporary equipment shed, a large fenced storage yard, and a small paved parking area.

Building 571 once stored transformers containing Polychlorinated Biphenyl (PCBs), a hazardous chemical. The transformers were removed prior to the approval of the 2019 abatement and demolition project and testing of the site between about 1995 to 2001 reveraled no Polychlorinated Biphenyl (PCBs) in the soil above levels normally considered for abatement, except in a small area where the transformers had been stored. This small area was remediated and encapsulated, and no transformers or PCBs were found when the site was inspected and tested prior to demolition of the building. More recent testing, however, has found PCBs in the soil beneath the previous footprint of Building 571 above the concentration levels that call for remediation (0.23 ppm). The test report summarizes that “approximately 25,200 square feet of the surface soil is indicated to contain PCBs above the corrective action limit.”
The unacceptable levels of PCBs must be removed prior to any new construction can occur on the site. In March 2022, the City Council approved the sale of the North Mare Island property to The Nimitz Group, LLC.

The City is required to develop a Remedial Work Plan for cleanup of the site and will enter into a Remediation Agreement with The Nimitz Group, LLC if remediation efforts have not been completed by the closing date of the initial conveyance.

The City’s hazardous materials consultant, Environmental Risk Services, is working on potential scenarios to achieve the remediation goal. The project is expected to include:

Date: May 10, 2022
Subject: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2021-2022 CAPITAL IMPROVEMENT PROJECT BUDGET BY ALLOCATING $1,000,000 FROM THE GENERAL FUND TO THE PW9819 NORTH MARE ISLAND BUILDING

DEMOLITION PROJECT FUND

Page 2 ends

Environmental consulting: manage and oversee the remedial action and site restoration Excavation: remove contaminated soil and temporarily store it onsite for waste profiling Laboratory: intensive lab testing to delineate the contamination boundary Soil hauling: transport the profiled waste to a designated landfill Staff recommend approval of a Resolution to amend the FY 2021-22 Capital Improvement Project budget by allocating $1,000,000 of General Fund balance to PW9819 North Mare Island Building Demolition for this hazardous materials abatement project. The notice of intent to amend the budget was presented to the City Council at the regular City Council meeting held on April 26, 2022. Upon approval, staff will proceed with soliciting bids for the project and will return to Council at a later date to provide more in-depth project details and obtain approval to award the project contract(s).

FISCAL IMPACT
To amend the FY 2021-2022 Capital Improvement Project budget, the recommended budget appropriations for PW9819: North Mare Island Building Demolition Project and estimated project expenditures are as follows:

N Mare Island Building Demo
(PW9819):

Transfers Expenditures
General Fund (#001) - Transfer out $1,000,000
Capital Outlay Fund (#201)
Transfer in (allocation from General
Fund)
($1,000,000)
Site Improvements $1,000,000

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

ATTACHMENTS

1. Resolution - Amend FY 2021-22 CIP Budget (PW9819) - 5.10.22_CAO Stamp

CONTACT
Melissa Tigbao, Public Works Director, 707-648-4085
[email protected]
RESOLUTION NO. 22- _____
RESOLUTION TO AMEND FISCAL YEAR 2021-2022

CAPITAL IMPROVEMENT PROJECT BUDGET
WHEREAS, in an effort to accelerate economic development on Mare Island following the closure of the United States Naval Shipyard, the City has demolished various dilapidated buildings on the Island; and
WHEREAS, in 2019, abatement and demolition activities began in the area that encompassed buildings 571, 573, and 577, a temporary equipment shed, a large, fenced storage yard, and a small, paved parking area; and
WHEREAS, recent testing on the north end of Mare Island has found that Polychlorinated Biphenyl, or PCBs, exist in the soil beneath the previous footprint of Building 571 and more remediation efforts are needed; and
WHEREAS, in March 2022, the City Council approved the sale of the north side of Mare Island to The Nimitz Group, LLC; and
WHEREAS, if remediation of the site is not completed prior to the transfer of ownership, a Remediation Agreement will be entered into by City and The Nimitz Group at closing of the initial conveyance; and
WHEREAS, budget in the existing Capital Improvement Project (PW9819) must be increased $1,000,000 in order to complete the required work; and
WHEREAS, a Notice of Intention to amend the Capital Improvement Project budget was provided to City Council on April 26, 2022.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Vallejo does hereby approve the amendment of the FY 2021-22 Capital Improvement Project budget to adjust the General Fund balance allocation as follows:

PW9819 N MARE ISLAND BUILDING DEMO Transfers Expenditures General Fund (#001) – Transfer Out
Capital Outlay Fund (#201)
Transfer in (allocation from General Fund)
Site Improvements
$1,000,000
($1,000,000)
$1,000,000
Adopted by the City Council of the City of Vallejo at a regular meeting held on May 10, 2022 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________

ROBERT MCCONNELL, MAYOR
ATTEST:
______________________________________
DAWN G. ABRAHAMSON, CITY CLERK
CONSENT CALENDAR 8.D.

DATE: May 10, 2022
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, Public Works Director
SUBJECT: NOTICE OF INTENT TO AMEND CAPITAL IMPROVEMENT PROJECT BUDGET FOR

POLICE DEPARTMENT AND JFK LIBRARY RELOCATION FEASIBILITY STUDY

RECOMMENDATION
Receive the Notice of Intent to amend the Capital Improvement Project budget to allocate $500,000 from the General Fund to Project PW9818 to cover the costs of the feasibility study requested by the City Council.

REASONS FOR RECOMMENDATION
The City Council has requested a study be conducted to determine the feasibility of converting 505 Santa Clara St. (current location of JFK Library) to Vallejo Police Department Headquarters, and moving JFK Library to 400 Mare Island Way. The preliminary estimate for the cost of the study is $500,000. In order to complete the requested work, additional funds must be allocated to the Capital Improvement Project budget.

BACKGROUND AND DISCUSSION
This is the first step in the two-step process to amend the FY 2021-2022 Capital Improvement Project budget.

A detailed staff report and draft resolution will be presented to City Council for consideration at the next regular meeting.

FISCAL IMPACT
Staff is providing a notice of intent to amend the FY 2021-22 budget in the amount of $500,000 for the estimated costs of the Police Department Relocation Feasibility Study.

ATTACHMENTS
None

CONTACT
Melissa Tigbao, Public Works Director, 707-648-4085
[email protected]

PROCLAMATION

CELEBRATING 45 YEARS OF THE FLORENCE DOUGLAS CENTER

WHEREAS, the Florence Douglas Center was founded in 1977 and is a 501(c) 3 nonprofit, multi-purpose. all-inclusive, service center which is overseen and managed by the Vallejo Senior Citizen’s council; and

WHEREAS, the Center serves as the community focal point for the area’s citizens age 50 plus; and

WHEREAS, the mission of the Vallejo Senior Citizens Council is to create opportun ities at the Florence Douglas Center for older adults to improve their quality of life in order for them to remain active , respected, and contributing members of the community as they age; and

WHEREAS, the Florence Douglas Center is inclusive to all senio rs regardless of race, ethnicity, sexual orientation , or socioeconomic status; and

WHEREAS, the Center’s services seek to keep older adults healthy through age appropriate physical activity, social engagement and continuing education; and

WHEREAS, the Florence Douglas Center throughout its history has focused on opportunities for adults to “age in place” - that is to live independently in their homes and stay active in their community; and

WHEREAS, the Center is a positive place to relax, recharge, and reconnect “encouraging powerful aging ” with a long history of active participants who love to come together and enjoy life.

NOW, THEREFORE, BE IT PROCLAIMED, that I, Robert H. McConnell, Mayor of the City of Vallejo, and the Vallejo City Council, do hereby celebrate the 45 th anniversary of the Florence Douglas Center and recognize its vital contribution to Vallejo’s senior community.

Dated: May 20, 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
DECLARING THE WEEK OF MAY 15TH AS “NATIONAL PUBLIC WORKS WEEK” WHEREAS, public works services provided in the City of Vallejo by the Public Works Department are a vital part to the health and well-being of our residents’ everyday lives; and WHEREAS, such facilities and services could not be provided without the dedicated efforts of public works employees, who are responsible for and must design, build, operate, and maintain the roadways and bridges, water supply, refuse disposal systems, public buildings, and other structures and facilities essential to serve our residents; and WHEREAS, the health, safety and comfort of this community greatly depends on the quality and effectiveness of public facilities, as well as their planning, design, construction, and maintenance, which are vitally dependent upon the efforts and skill of Vallejo’s Public Works Department employees; and WHEREAS, the Vallejo Public Works Department was the 13th agency in California to become Accredited by the American Public Works Association, attesting to the ability of the Department to provide consistent and high quality, professional, and excellent services in engineering, infrastructure maintenance, and recycling and solid waste management; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff our Public Works Department is materially influenced by Vallejo residents’ attitudes and understanding of the importance of the work they perform; and WHEREAS, it is in the public interest for the citizens and civic leaders of this country to gain knowledge of and to maintain a progressive interest in the public works needs and programs of their respective communities.

NOW, THEREFORE, BE IT PROCLAIMED that I, Robert H. McConnell, Mayor of the City of Vallejo, and the Vallejo City Council, hereby declare the week of May 15th, 2022 as “National Public Works Week” in The City of Vallejo, and call upon all residents and civic organizations to acquaint themselves with the issues involved in providing public works services, and to recognize the contributions which Public Works Department employees make every day to our health, safety, comfort, and quality of life.

May 10, 2022 __________________________________
ROBERT H. MCCONNELL, MAYOR

PROCLAMATION
RECOGNIZING NATIONAL NURSES MONTH – MAY 2022
WHEREAS, nurses are an integral part of our health care system as they touch everyone’s stage of life and they are responsible for the treatment, safety, and recovery of all acutely or chronically ill persons, and are at the front lines in administering treatments, and nursing has been voted as the most ethical profession; and WHEREAS, the American Nurses Association’s 2022 theme is "Nurses Make a Difference" because they, along with other health care professionals, have been our front -line heroes during the pandem ic; and this month -long celebration is divided into four weekly focuses – Self-Care, Recognition, Professional Development, and Community Engagement – all to expand our chance to honor our nurses; and
WHEREAS, nurses are leading in the delivery of quality care in a transformed health care system that improves patient outcomes and safety, and the Institute of Medicine’s Future of Nursing report has called for the nursing profession to lead in the team -based delivery model, and when nurse staffing levels incr ease, the risk of patient complications and lengthy hospital stays decrease, resulting in improved overall health and cost savings; and WHEREAS, nurses are the cornerstone of the public and private health infrastructure, and they also encompass a wide scope of scientific inquiry, including clinical research, health systems and outcomes research, and nursing education research, and nurses are well-positioned to provide leadership to help decrease the disparities and inequities in health care outreach and services to our diverse population; and WHEREAS, nurses represent the largest component of the health care profession with over 4,000,000 registered nurses (RNs) nationwide while California is home to more than 330,000 actively licensed RNs, and according to the Bureau of Labor Statistics, nursing employment opportunities are projected to increase by 16% by the year 2024; and WHEREAS, as America grapples with the COVID-19 pandemic, it is even more important to reflect on the importance of our nurses in providing life-saving and high-quality health care, so let us especially thank each of them for sacrificing their own well-being so that the rest of us may survive and economically thrive and strive for the pursuit of happiness.

NOW, THEREFORE, BE IT PROCLAIMED, that I, Robert McConnell, Mayor of the City of Vallejo, and the City Council do hereby proclaim May 2022 as National Nurses Month to recognize the important contributions of nurses throughout history and to especially thank them for their selfless sacrific es during the COVID -19 pandemic, and we encourage everyone to observe this month with appropriate recognition, ceremonies, and programs to acknowledge the life-saving significance of our nurses - our front-line Heroes and our Champions.

Dated: May 10, 2022
__________________________________
ROBERT H. McCONNELL, MAYOR

ACTION ITEM 9.A.

DATE: May 10, 2022
TO: Mayor and Members of the City Council
FROM: Paul Kelley, Special Advisor to City Manager - Economic Development Manager SUBJECT: ADOPT RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH ECONOMIC FORENSICS AND ANALYTICS, INC. FOR DEVELOPMENT OF THE 2022

VALLEJO ECONOMIC DEVELOPMENT STRATEGIC PLAN IN AN AMOUNT NOT TO EXCEED $245,000 AND ALLOCATING $155,000 TO IMPLEMENT THE PROJECTS

RECOMMENDED BY THE PLAN

RECOMMENDATION
Adopt a resolution authorizing the city manager to execute a professional services agreement with Economics, Forensics & Analytics, Inc. (EFA) for development of the Economic Development Strategic Plan in an amount not to exceed $245,000 and allocate $155,000 to implement the projects recommended by the plan.

REASONS FOR RECOMMENDATION
The City’s current Economic Development Strategy was prepared 10 years ago and is ready for an update.

Since the original plan was drafted, the Covid 19 Pandemic hit and affected communities throughout the nation. The American Rescue Plan Act funding, ARPA, was implemented in order to provide a unique opportunity for state and local governments to make strategic investments in long-lived assets, rebuild reserves to enhance financial stability, and cover temporary operating shortfalls until economic conditions and operations normalize. This funding opportunity allows the City of Vallejo to invest in its long term Economic future to create a path towards the community’s vision for economic development citywide. This proposed Economic Development Strategic Plan project takes advantage of the ARPA funding opportunity and was allocated to the project by City Council on September 28, 2022.

The 2022 Economic Development Strategic Plan (Plan) will identify a clear pathway forward to economic success and is essential to proactively address Pandemic-related impacts. The EFA proposal is responsive to the City Council’s direction to make Economic Development a top priority. The project would be led by the proposed consultant and provide a roadmap with achievable and measurable goals alongside immediate projects to implement and track over a 5 year period. Additional information regarding project schedule and deliverables are provided in the Background and Discussion section that follows

BACKGROUND AND DISCUSSION
In 2012, the City of Vallejo Economic Development Strategy was prepared. At that time, the City Council adopted the plan to proactively respond to the financial impacts of the 2008 downturn, engage the local community of stakeholders and plan for improved Economic Development programs for the years after City bankruptcy.

Since the Economic Development Strategy adoption, many circumstances have changed in Vallejo, including most recently, the Covid-19 Pandemic, which has affected our local economy drastically. The federal government recognized the impacts to economies at the local level and the Legislature adopted the American Rescue Plan Act (ARPA) to assist in pandemic recovery.

On September 28, 2022, the City Council appropriated $400,000 of the City’s ARPA funds to draft a new

Date: May 10, 2022
Subject:

ADOPT RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH ECONOMIC FORENSICS AND ANALYTICS, INC. FOR DEVELOPMENT OF THE 2022 VALLEJO ECONOMIC DEVELOPMENT STRATEGIC PLAN IN AN AMOUNT NOT TO EXCEED $245,000 AND ALLOCATING $155,000 TO IMPLEMENT THE PROJECTS RECOMMENDED BY THE PLAN

Page 2 ends

Economic Development Strategic Plan responsive to current economic conditions and to help implement the top priority of the Council – Economic Development.

In compliance with ARPA grant requirements, and as permitted per City policy related to the hiring of consultants with specialized skills, staff is recommending that the City engage a consulting firm with significant local knowledge and relationships, Economic Forensics and Analytics, Inc. (Dr. Robert Eyler as principle) to prepare a new Economic Development Strategy for the City of Vallejo. The Strategic Plan preparation will include researching existing conditions, outlining future policies to improve the economy in Vallejo, implementation strategies, and pilot projects to kick off Economic Development-supportive initiatives immediately and over the next 5 years. In order to ensure the Strategy Plan is more than just a policy document, the Strategic Plan will include measurable/accountable activities with responsibility for implementation identified. The following summary of the proposed Scope of Work is further explained in the Consultant’s proposal provided in Attachment 1, Exhibit A. The following deliverables will be included in the Strategic Plan:

Deliverables:

Task 1: The Vallejo Databook. This deliverable will focus on generation of a compendium of materials that describe current regional and local economic conditions and forecast Vallejo’s economic profile moving forward. It will also help identify shortfalls/areas where targeted initiatives could help.

Task 2: Community Outreach Plan. Any effective plan intended to invite a sustainable and thriving economy needs to consider the community’s needs, preferences, and actively invite all ethnic and socio-economic groups to participate in the process. These essential qualitative considerations are intrinsically linked to economic factors best defined by quantitative (hard/empirical) data. This effort will also help ensure effective implementation of the Plan by gaining community buy-in to any economic development initiatives suggested by the community-led Plan. The Consultant is proposing using a combination of online surveys, physical surveys and informal meetings, which would include going to various geographic centers of town, to include the voice of Vallejo’s greatest asset-its diversity. This task, in particular, will help ensure the successful creation of a plan that is both forward thinking, inclusive, and pragmatic. The Scope of Work includes a table that shows how related work tasks would be distributed between the consultant, subcontractor(s), and City staff to achieve this deliverable.

Task 3: Draft Economic Development Strategic Plan: A Roadmap for Vallejo’s Future. As suggested by its title, this task is the actual generation of a draft Plan document, which will include explanation of the related processes, provide relatable summaries of the data pertinent to current economic conditions and forecasts, and identify a set of strategies for Vallejo. The Scope suggests a realistic end date of 5-7 years from production of the Plan (2030). This roadmap will show how the initiatives respond to the current conditions and forecasts identified in the Task 1 Vallejo Databook and include the input from the community in Task 2. Also identified in the draft plan will be recommendations for the use of the additional $155,000 for pilot projects/programs to kick off the plan implementation. Strategy priorities for consideration include:

- Highest benefit per cost to perform the project/strategy; - Specific actionable projects that speak to Vallejo’s workforce, commercial real estate resources, and jobs/housing considerations; and
- The key to making the plan work…an emphasis on creating goals/initiatives that are achievable and Date: May 10, 2022
Subject:

Page 3 ends

measurable.

Task 4: Final Document. This task will result in a Final version of the Plan and public presentation of the results, generation of editable electronic and hard copies, and the related checklists for project hierarchies and implementation accountability. The Plan will include community input and support throughout the process; address resources and costs needed for the annual evaluation of the Economic Development Strategic Plan; and instructions and clear methodology on the use and parameters of the models and projects proposed as part of this deliverable. This task will include a public presentation, describing the planning process, the timeline once the plan is engaged, estimated resources needed to implement, stakeholder engagement and a community outreach plan, and initial list of economic development projects to kick the Plan implementation off.

Project Schedule:

The project timeline is based on 3 Phases associated with ARPA grant deadline stipulations and workplan primary tasks reviewed by Council in September 2022 and is expected to take 20-24 months. Date-specific timelines for the project phases and related supportive work tasks are identified in the project Schedule (see Attachment 1-Exhibit A; Schedule). Staff is hopeful to kick-off the project in June 2022.

FISCAL IMPACT
At this time, no fiscal impact to the City’s General Fund or regular budget is anticipated as the contract would be fully funded by ARPA grant funds as previously allocated by the City Council on September 28, 2022. Of the $400,000 set aside by Council for the project, EFA’s contract would use $245,000 of these funds, including for any needed subcontractor work, and the remaining $155,000 would be used to implement the highest priority implementation project(s) identified in the Plan.

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 Guideline Section 15378.

ATTACHMENTS

1. Attachment 2 Services Agreement PSA with EFA 051022

2. Attachment 1 Resolution for PSA Agreement with EFA for Strategic Plan_CAO Stamp

CONTACT
Emi Thériault, Economic Development Program Manager (707) 649-5454 [email protected]
Paul Kelley, Special Advisor to City Manager - Economic Development Manager (7070 648-4109 [email protected]
Gillian Hayes, Assistant City Manager (707) 648-4163
[email protected]

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
This Consultant and Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this _____day of May, 2022, by and between the City of Vallejo, a municipal corporation ("City"), and Economic Forensics and Analytics, Inc., a California corporation, hereinafter referred to as “Consultant,” who agree as follows:

1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide the City professional services as specified in Exhibit A, entitled “Proposal to Prepare an Economic Development Strategic Plan,” hereinafter referred to as “Scope of Work.”

2. Payment. City shall pay Consultant for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation.” The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement.

3. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.

4. Indemnification. Consultant shall indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, consultant’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Consultant’s operations, or any subcontractor’s operations, to be performed under this agreement for Consultant’s or subcontractor’s tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Consultant, or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by the law, regardless to any limitation by insurance, with the exception of the sole negligence or willful misconduct of the City.

The provisions of this section shall survive the expiration or termination of this Agreement.

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

6. Accident Reports. Consultant shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses, and telephone numbers of any known witnesses, (c) the date, time, and description of the accident or other occurrence.

7. Conflict of Interest. Consultant warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Consultant’s family, business, real property or financial interests and the services to be provided under this Agreement. Consultant shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Consultant’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Consultant shall disclose such conflict in writing to City. Every individual who performs services on behalf of Consultant pursuant to this Agreement must file a full Statement of Economic Interests (also known as Form 700) with the City Clerk if the work of the individual involves making a governmental decision whether to issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; authorizes the City to enter into, modify, or renew a contract; grants City approval of specifications for a contract; adopts or approves for the City any policy, standard or guideline; lobbies on behalf of the City, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code.

8. Independent Contractor. Consultant is an independent contractor. Neither Consultant nor any of Consultant’s officers, employees, agents, or subcontractors, if any, is an employee of City by virtue of this Agreement or performance of any services pursuant to this Agreement. City shall have the right to control Consultant only insofar as the results of Consultant’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services pursuant to this Agreement.

9. Licenses, Permits, Etc. Consultant represents and warrants to City that all consultant services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Consultant has all the permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession.

10. Business License. Consultant, and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Consultant until such business license(s) has been obtained.

11. Standard of Performance. Consultant shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Consultant’s profession currently practicing in California.

Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation applicable federal, state, and local laws and regulations, and all other contingencies or considerations.

Consultant’s responsibilities under this section shall not be delegated. Consultant shall be responsible to City for acts, errors, or omissions of Consultant’s subcontractors.

Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work and shall prepare plans, reports, and/or other work products in such a way that additional costs will not be incurred beyond a project budget approved or amended by the City Manager or his or her designee.

Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Consultant is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant.

12. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by causes or circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts.

In the event that the Consultant is unable to meet the completion date or schedule of services, Consultant shall immediately inform the City Representative of this in writing.

If additional time is required to perform the work, the City Representative may adjust the schedule

13. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.

14. Personnel. Consultant agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.

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

Consultant shall pay, when and as due, any and all taxes incurred as a result of Consultant’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

15. Consultant Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or his or her designee, Consultant shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.

16. Term. The term of this Agreement shall commence on June 30, 2022 and shall continue in full force and effect until June 30, 2024.

City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Consultant. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed 5 years. If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo. If funds to effect such continued payment are not appropriated, Consultant agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.

17. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving notice to Consultant.

Upon receipt of a notice of termination, Consultant shall perform no further work except as specified in the notice. Before the date of termination, Consultant shall deliver to City all City records and documents, all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.

The City shall pay Consultant for services performed in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Consultant for the portion of work completed in conformance with this Agreement before the date of termination.

In addition, the City will reimburse Consultant for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.

18. Products of Consulting Services. The work product, including without limitation, all writings, work sheets, reports, recordings, drawings, files, detailed calculations and other work products, whether complete or incomplete, of Consultant resulting from services rendered pursuant to this Agreement, shall become the property of City. Consultant agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.

Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (2002) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format. Consultant shall, at its expense, provide electronic files and a limited number of hardcopy printings of the 2022 Strategic Plan (as set forth in the Scope of Work, Exhibit A to this document).

19. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Consultant in the performance of Consultant’s services hereunder.

20. Assignment and Subcontracting. Consultant shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty, or obligation under this Agreement without said consent shall be void and of no effect.

If subcontracting of work is permitted, Consultant shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Consultant. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Consultant to use subcontractors for performance of any service under this Agreement. Subcontractors shall be preapproved by the City Manager and substitution of subcontractors shall be approved by the City Manager prior to performance of any work by the contractor.

The Consultant is responsible for insurance and indemnification for work performed by subcontractors and/or volunteers engaged to assist with project data collection.

The City is an intended beneficiary of any work performed by Consultant’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.

Any subcontractor or assignee consented to by City shall be bound by all terms and conditions of this agreement and the same shall be incorporated into and made a part of any assignment or subcontractor agreement.

21. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.

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

Consultant warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.

In all solicitations either by competitive bidding or negotiations made by Consultant for work to be performed under any subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultant’s obligation under this Agreement relative to nondiscrimination and fair employment practices.

Consultant shall include the above provisions of this section in every subcontract, including procurement of materials or equipment.
(b) Consultant agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.

23. Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:

If to City: Emi Thériault
Economic Development Program Manager,
Office of the City Manager
555 Santa Clara Street
Vallejo, CA 94590
If to Consultant: Dr. Robert Eyler
President
Economic Forensics & Analytics, Inc.

P.O. Box 750641
Petaluma, CA 94928-3609
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.

24. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.

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

26. Law Governing. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

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

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

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

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

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

32. Confidentiality of City Information. During the performance of services under this Agreement, Consultant may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as "City Information") which are valuable, special and unique assets of the City. Consultant agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Consultant’s scope of work , to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law.

Consultant shall treat all records and work product prepared or maintained by Consultant in the performance of this Agreement as confidential.

A violation by Consultant of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.

Consultant’s obligations under this section shall survive the completion of services, expiration or termination of this Agreement.

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

34. City Representative. The City Representative specified in Exhibit A, or the representative's designee, shall administer this Agreement for the City.

35. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.

36. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise.

Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement. The failure to send an original shall not affect the binding nature of this Agreement.

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

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

Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first shown above.

Economic Forensics & Analytics, Inc.

By:

Dr. Robert Eyler
President

CITY OF VALLEJO,
a municipal corporation
By:

Gillian Hayes
Assistant City Manager
ATTEST:

Vallejo Business License No.
(City Seal)
By:

Dawn Abrahamson
City Clerk
APPROVED AS TO CONTENT:

Paul Kelley, Special Advisor to the City
Manager and Economic Development
Manager
APPROVED AS TO FORM:

Veronica A.F. Nebb
City Attorney
APPROVED AS TO INSURANCE:

Armond Sarkis,
Risk Manager

EXHIBIT A

SCOPE OF WORK
(Attach copy of Proposal)
March 30, 2022
Emi Thériault
Economic Development Program Manager
Economic Development Division
City of Vallejo
[email protected]
707-649-5454 (Office)
City of Vallejo – Economic Development Strategic Plan
Introduction
This scope of work, detailed tasks and schedule/budget describe how Economic Forensics and Analytics (EFA) intends to provide an economic development strategic plan for the City of Vallejo (Vallejo), responsive to current conditions following the COVID-19 Pandemic and looking forward. The American Rescue Plan Act (ARPA) of 2021 provides funding for this project, addressing changes that may linger without action due to the COVID-19 pandemic. This project is meant to provide deliverables per the planned use of ARPA funds in Phase 1 and Phase 2 as a foundation for Phase 3 (and further actions and resources needed to 2030):
PHASE 1: Formulation of Scope and Deliverables; Hiring of Consultant Team oThis Phase will be complete by June 30, 2022 per the hiring of subcontractors (see below) as coordinated by EFA;
PHASE 2: Production of Strategic Plan and Supportive Data/Studies oThis phase delivers the strategic plan, planning process and possible, pilot project choices for the City of Vallejo’s Economic Development Division; and PHASE 3: Prioritization of Example Projects and Identification of Pilot Projects oThis phase uses the strategic plan to begin both projects and practices toward Vallejo’s economic future with measurable goals.

This strategic plan is forward-thinking and linked to initial projects and tracking/measuring success of economic development efforts in Vallejo. Any priority project examples must be feasible and measurable in their effects on Vallejo and its residents and businesses. The top three priority tasks are to be framed for execution within the project timeline requirements associated with the ARPA grant funding requirements.

Project Overview and Objectives
Intent
This economic development strategic plan delivers a roadmap and community outreach plan for the City of Vallejo and its economic development activities such that Vallejo prioritizes committing resources to create economic and social mobility opportunities through nurturing a competitive workforce from its residents and generating a thriving business community that is both prosperous and resilient within the regional economy.

Purpose: Social and Economic Mobility
This economic development strategic plan delivers best practices, targeted industries, potential uses of fallow properties and downtown areas, specific economic development projects, investment levels, and timelines to raise Vallejo’s economic and social mobility by 2030. Focused strategies on partnerships to train and hire Vallejo residents for careers and not just any jobs available, matching occupations that provide social mobility to “targeted industries” (economic mobility).

Targeted industries are those that generate their sales primarily from outside Vallejo, pay higher-than-median wages over the last five years, and fit Vallejo’s assets and opportunities better than other industries. The plan delivered by this work also provides guidance for city government on incentives and ways to be a more overt partner through economic development. Activities need to be measurable and realistic based on identified opportunities and challenges within Vallejo.

Scope of Work
The key deliverable of this work is an economic development strategic plan. The plan’s elements are produced through three main tasks, where Task 4 is document delivery, public presentation of the plan and pilot project identification.
Task 1: The Vallejo Databook: Describing and Forecasting Vallejo’s Economy Task 2: Community Outreach Plan, Gathering Stakeholders’ Voices and Shaping Expectations Task 3: Economic Development Strategic Plan: A Roadmap for Vallejo’s Future oThe plan combines the first two tasks and provides goals, estimated resources, timelines to achieve goals, a community outreach plan, and pilot project choices to initiate a new phase of economic development in Vallejo to 2030
Task 4 finalizes the strategic plan, provides a public presentation with hard/electronic copies as instructed, and identifies initial projects alongside of city economic development staff.

The following are the major tasks and subtasks to be completed by EFA (and any subcontractors to be hired). These tasks may change based on City of Vallejo edits, comments or concerns.

Task 1
The Vallejo Databook: Describing a nd F ore casting Va llej o’ s Economy EFA can provide a large amount of data and analysis about Vallejo and its regional economic role as a place that provides both local workers for regional employers and local employment opportunities for regional workers. The process starts with economic and demographic data about Vallejo to 2022 from what data are available and also use current forecasts for the regional economy and demography to provide context for Vallejo over the next five years. Within Task 1 we provide a brief update regarding the implementation of the 2012 Economic Development Strategic Plan and identify remaining opportunities and constraints. The brief update speaks to new and notable challenges associated with the Covid-19 Pandemic on the community. It is important that these data perform two key functions, regardless of what data are gathered:
Become the foundation of ways to track and measure progress after 2022; and Can be understood as to their meaning to Vallejo’s economy by anyone in Vallejo.

Industries and businesses that inhabit Vallejo define its economic “personality”, becoming marketing to a certain extent for Vallejo. Commercial real estate professionals are a key resource to educate us on what any economic development effort can do and opportunities for Vallejo to change and diversify its industry mix and also how available land may be best used given the current market outlook and available properties are matched. Workers in Vallejo, their wages, and how industries have shifted between 2011 and 2020 provide ways to see what happened to Vallejo’s economy and its residents between the Great Recession (2008 to 2010) and the COVID-19 pandemic, including shifts in housing markets. The following table provides a short list of variables to provide foundational data, forecast and then track. Examples include:
Businesses and job/occupations that exist in Vallejo, and also where Vallejo’s residents go for work;
Labor force measurements for Vallejo’s residents with an emphasis on identifying equity gaps that Vallejo’s workers face based on where they work;
Demographic measures of Vallejo’s residents based on how households generate income; Analyses of peer and aspirant cities is provided to compare and contrast Vallejo to other places by economic, demographic and qualitative factors;
Data on where Vallejo’s residents work and from where Vallejo’s workers originate to consider the flows of workforce (including those that may now work from home); Identification of job sectors that would reduce resident workforce leakage to other jurisdictions and thereby improve jobs/housing balance
These data are then extended by the latest, regional forecasts to 2026 and 2030 when possible.

A core forecast for Vallejo’s economy to 2026 (employment by industry based on the status quo)

provides benchmarks; this plan creates of goals and metrics and “key performance indicators” for the city’s economy and its residents as workers using these data as baseline measures to show growth and change through the 2020s. The forecasts allow the plan to stress test how different projects may affect Vallejo’s economy by what industries would see larger labor demand and thus how many trained workers would be needed to fill such positions. Such stress testing shows how specific economic development projects and practices create jobs and wage growth that enhance but may also challenge Vallejo’s economy and also create more economic and social mobility opportunities.

The plan defines 8-10 “key performance indicators” or KPIs for the City of Vallejo to track progress generally; a community outreach plan should describe progress and how specific projects affect those performance indicators. These KPIs may also have qualitative elements, where residential or employer/business owner opinion is also important to track and measure. These KPIs may include (but are not limited to):
Jobs created in “targeted” industries to be recommended; oIdentify a set of industries that have the best opportunities in Vallejo to help lift and sustain local economic growth and also address equity and social mobility gaps; Square feet of space filled or constructed or both, tracking how new and existing commercial real estate is being filled;
oDescribe and track Vallejo’s commercial real estate assets; oIdentify and track assets fit for recommended targeted industries; oIdentify commercial real estate possibilities given current land available and zoning; Number of businesses or households using high-speed internet services (a measure that residents and commercial spaces are utilizing technology more); oMeasure any digital divide for Vallejo’s residents and businesses; oDescribe commercial real estate infrastructure as compared to regional parcels; Business Financing in Vallejo: confidence tracker
oInvestors in Vallejo: number of businesses financed by selling equity or ownership; oLenders considerations in Vallejo-based businesses;
Taxable sales specific to brick-and-mortar businesses, especially downtown Vallejo; oThese data can show how local retail is capturing local and regional spending; Regional employment trends and occupational demand; and Regional demographic shifts and housing market data;
oEffects on BIPOC residents and workers,
oHow employers affect social equity and economic mobility, oShifts in different household demographics (education levels, median income, etc.) The data become the foundation of initial project selection and also measuring and tracking progress as the strategic plan unfolds. The “databook” becomes the basis of an online communications and decision-making tool as the strategic plan’s deliverable from Task 1. Some of these data come from the community outreach described below.

Task 2
Community Outreach Plan, Gathering Stakeholders’ Voices and Shaping Expectations
Gathering the voice and outlook of local stakeholders, from residents to elected officials, is critical for community buy-in to any economic development actions from this plan. A combination of online surveys, physical surveys and gatherings, and interviews with both groups and individuals is critical to a communication outreach plan for this project and also for gathering Vallejo’s voice. Communications are critical to the success of this project and the success of any future projects this strategic plan helps initiate. Task 2 has the following elements, as well as providing foundations for communications once projects are initiated and the strategic plan is engaged toward 2030:
Facilitate meetings and survey work with local businesses, workers, workforce development, city staff, and other stakeholder groups;
Develop community outreach plan and execute focused on gathering the voice of stakeholders across Vallejo and also providing realistic expectations; Better understand what opportunities and challenges exist in Vallejo beyond what other data tell our team; and
Identify multiple locations, geographically dispersed, for community meetings Identify a variety of meeting weekly dates and times responsive to the needs of residents and business owners.

Part of any strategic planning process is reaching out to a wide array of audiences; it is critical to the success of the planning process and also to community support and understanding of projects to come from this planning process in the future. Vallejo’s diversity is one of its opportunities and strengths.

Utilizing the networks of the Solano County Black Chamber of Commerce, the Solano Hispanic Chamber of Commerce, and the Filipino American Chamber of Commerce alongside of Vallejo’s chamber of commerce provides a breadth and depth of business voices. Community groups and gathering place, including organizations such as the Filipino Community Center, African American Alliance in Vallejo, and major faith-based organizations (Emmanuel Temple Apostolic Church, for example). One group or organization alone cannot provide the breadth of having multiple organizations involved as initial partners and then more complete partners as projects come to fruition to December 2024.

Subcontractor and Supportive Services
EFA will use a subcontractor to help with this part of the strategic plan primarily; that firm or person is to be determined by June 30, 2022, the approval of which must be cleared by the office of the City Manager prior to entering into agreement. EFA will provide up to three subcontractor choices to finalize fit before the EFA contract with the City is fully executed. We also plan to use Sonoma State or CSU Maritime or Solano Community College (Solano CC) students to help with gathering information and communications about surveys and progress. Group sessions, which include town-hall

and “World Café” style meetings may use Solano CC’s campus in Vallejo as a gathering place. A World Café is a meeting style where four to five key topics are discussed and a rotation schedule has all attendees providing feedback on each topic, not just one. Meetings will be noticed in Spanish, Tagalog, and English to recognize that Vallejo hosts residents and employers that use multiple languages; surveys may do the same based on how Vallejo economic development staff and EFA agree on survey length and breadth. EFA will also work with Vallejo on providing hearing- and sight-impaired assistance for accessibility. As part of this project, EFA will engage a community outreach plan that has the following elements:
Communicate progress and findings as conclusions are made; Gather people together to hear each other about the local economy and community; Survey residents, businesses and workers to get more individual feedback; Use social media to inform the public about gatherings and progress; Use print and other media to inform the public about gatherings and progress (including churches and other religious organizations that connect with Vallejo’s residents).

For Vallejo, stakeholders include (but are not limited to):
Local residents and local workers at Vallejo’s employers Local employers (private and public employers);
Advocacy organizations (social advocates for black, indigenous and people of color or BIPOC communities and including local chambers of commerce);
Developers of commercial spaces;
Multifamily and single-family housing developers;
Elected officials (including the county, state and federal officials that represent Vallejo).

Such a wide breadth of qualitative input serves three roles:
Shows the project heard the voice of a wide array of stakeholders; Considered stakeholder morale and confidence concerning Vallejo’s recent past, as well as a perspective on opportunities and challenges to 2026; and Illustrate how closely related the outlooks of these groups are to each other or not. Garners support for the implementation of the plan moving forward as Vallejo’s roadmap to ED strategies.

This strategic plan underscores the importance of a community outreach plan. Consistently and simply informing community stakeholders provides transparency and motivates local households, workers and employers to get involved where they can, “shop” locally as support for local merchants and service providers, and gives all stakeholders a way to track progress.

All communications should help to shape expectations in Vallejo. An important element for this project and any communications to come is being realistic about what Vallejo is and can become.

Choices of peer and aspirant cities help provide a foundation for what is possible, especially over five to seven years as a forecast, planning and goal horizon. Task 2 provides those qualitative data and voices.

Task 3:

Economic Development Strategic Plan: A Roadmap for Vallejo’s Future Using data from Task 1 and 2 above, a set of strategies provide a roadmap for Vallejo to 2030. This roadmap connects the forecasts and current opportunities and challenges in Vallejo. This roadmap for Vallejo uses the following philosophy:
Use data and forecasts to give direction as to what types of economic development projects, practices and focal industries have the largest “bang for buck” for Vallejo’s economy and residents;
Those projects, practices and focal industries match a workforce, commercial real estate sites, to deliver growth of businesses, jobs and incomes for Vallejo’s economy; Those changes create other opportunities and challenges to which new economic development projects and practices enhance (opportunities) or address (challenges); and The process repeats based on how goals are achieved and measurable progress is made.

Elements in the strategic plan integrate information from Tasks 1 and 2:
Overview of what the data told the planning process and goal identification:
oTargeted Industries and Industry Clusters choices;
oThe voice of Vallejo’s stakeholders: what the residents and businesses told us; oMajor opportunities and challenges identified connected to actions and projects:
▪ For example, match commercial sites to targeted industry businesses, including those that fill regional supply-chain gaps, and pursue such businesses; ▪ For example, take actions that can provide downtown Vallejo with more vitality; o What regional forecasts say about the context in which Vallejo will execute this plan; and o Goals and timing that connect to key performance indicators and provide shape to the roadmap for the rest of the decade;
Priority projects described, specifically 2-3 projects that can be executed by Dec 31, 2024 per the ARPA funding, that are feasible and can engage Vallejo’s opportunities as identified above; Community outreach plan:
oMessaging and websites dedicated to the plan and its projects; oMarketing strategies that make Vallejo a more likely choice for new or expanding businesses;
Best practices in peer and aspirant cities:
oIdentify how other places to watch and what those places have done or are doing that follow economic development and community outreach best practices; Resource Assessment:
oThis assessment includes parties responsible to
oPriority projects must be realistic and feasible, where resources need to be available to help finance the projects, including local governments as partners; oThe budget for a community outreach plan is also provided.

Implementation and Assessment: the plan identifies:
oA timeline and priority ordering of projects and tasks for Vallejo economic development staff to 2030;
▪ One page of the plan (one slide in the presentation deck) will be the “roadmap” for Vallejo economic development to follow per the data and conclusions made; oKey performance indicators for Vallejo to track and measure; and oTimelines for projects (a conceptual mapping of how long projects should take from initiation to ribbon cutting);
oA responsibility and accountability chart for projects and general economic development activities, including the priority projects;
Resource planning:
oCost estimates for identified priority projects for city government; oConceptual costs of the projects for private-sector actors that become partners on the projects; and
oFinancing tools for the City of Vallejo to consider as part of these projects.

It is important that the strategic plan reference how the COVID-19 pandemic has regional effects that may continue to provide opportunities and challenges for Vallejo. How local residents work, what new local residents have come to Vallejo, what regional changes mean for both Vallejo’s businesses and residents, the flow of visitors to Vallejo as support for local employers, and local and state governments as partners for local businesses have changed and may be challenged, all further shape the final strategic plan. Specific, initial projects are to be provided, especially those that have a connection to the targeted industries chosen from Task 1 above. Without stakeholder support, any project or practice in this strategic plan begins on shaky foundations. Initial projects would be considered such that they could be completed by December 2024.

Task 4:

Project Completion, Public Presentation and Pilot Project Identification The final plan describes community support throughout the process; resources and costs needed for the annual evaluation of the Economic Development Strategic Plan; and instructions and clear methodology on the use and parameters of the models requested as part of this deliverable with training and support for each during their initial use by staff. Task 4 is to complete the plan after comments and editing; provide a final presentation and identify pilot projects. Final plan focused on major targeted industries, major opportunities, and potential projects to pursue to 2030 for the City of Vallejo’s Economic Development Division; oAn Administrative Draft for Staff Review to identify compliance with City regulations and policies;
▪ Submittal to include an editable electronic copy and three (3) color hard copies, spiral bound;

oA Public Draft to be considered at community meetings and formal public meetings; ▪ Submittal to include an editable, electronic copy and twelve (12) color hard copies, spiral bound; and
oA Final Draft to be adopted at City Council;
▪ Submittal to include an editable electronic copy and twelve (12) color hard copies, 3-hole punched in hard backed binders.

The second subtask of Task 4 is a public presentation, describing the planning process, the timeline once the plan is engaged, estimated resource needed, stakeholder engagement and a community outreach plan, and initial economic development projects. A set of slides that act as an extended Executive Summary for people that would rather move through 15-20 PowerPoint slides to accompany the larger planning document and materials. The successful completion of this project is the Vallejo City Council adopting the plan as a roadmap for city economic development.

Project Management
EFA would lead the team and interact with the City of Vallejo for specific data needs, networking to community groups as needed, and context for specific commercial sites, past practices, and perspective on information that EFA uncovers. The following table summarizes the responsible parties for each of the four tasks described above.

Task EFA Subcontractor City of Vallejo
Task 1 X X
Task 2 X X X
Task 3 X X X
Task 4 X X

SCHEDULE: Mapping of Plan and Deliverables
Total Project Time is from May 1, 2022 to June 15, 2023.

Task Subtask Description Deliverable
Tentative Month
of Completion
Phase 1 ARPA
Hire Subcontractor and complete planning process with
Vallejo Economic Development Division Technical team hired and final schedule in place By June 30, 2022 Task 1 The Vallejo Databook

1.1 Generate and Analyze Data
Databook Draft with Forecasts, including research of
demographic information to identify existing conditions Dec-22

1.2 Determine draft targeted industries, peer and aspirant cities
List of targeted industries, methodology and draft peer and aspirant cities to be discussed

1.3 Determine draft KPIs and tracking mechanisms, draft initial projects
KPI drafts and 4-5 project choices that define benchmarks of measurement methodologies to implement strategies Nov-22 Task 2
Facilitating Community Outreach and Voice and
Expectations

2.1 Develop community outreach plan and
dates/places/times for community gatherings
Plan with dates, places that facilitates community
engagement throughout production of strategic plan July-22

2.2 Develop, distribute survey instruments, gather data Survey instrument built and sent and data gathered, work with Economic Vitality Commission Feb-23

2.3 Facilitate gatherings, group and individual interviews, synthesize and plan findings
Interviews and group sessions completed and data
gathered Feb-23
Task 3 Finalizing the Plan

3.1 Finalize Databook and make any final changes to Task 1 draft conclusions using Task 2 data to complete
Identify pragmatic and measurable corrective responses
needed to improve Economic Indicators for identified
programs and projects Mar-23

3.2 Identify initial projects and community outreach plan Use peer and aspirant places and their lessons Mar-23

3.3 Finalize KPIs, annual goals for economic development and tracking mechanism
KPI list, data links and methodologies, work with Vallejo staff on website Mar-23
Task 4

4.1 Final Strategic Plan presented Plan (copies made/distributed) and Exec Summary Slides Apr-23

4.2 Final Presentation City Council Presentation May-23 Phase 2 ARPA Complete Strategic Plan and Supportive Data/Studies Final Draft and Presentations Delivered By June 30, 2023 Phase 3 ARPA Initiate Pilot Project(s) as recommended Pilot Projects Started, Communicated and Completed By June 30, 2024

BUDGET
The following table provides a tentative, not-to-exceed budget for this study. All subcontractors and interns would be hired as independent contractors through EFA. Attached Hourly Table is provided in the event the City requests work beyond scope identified herein.

Use of Funds Tentative Budget
EFA $135,000
Subcontractor and Interns $100,000
Printing Costs for Final Strategic Plan, including $2,000 Binders
Printing of Final Plan (27)
Electronic Copies on Removeable Media
Community Meeting Costs $3,000
Travel and Data $5,000
Totals $245,000
Please advise any concerns, questions or edits. Thanks! Robert Eyler, Ph.D.

President, Economic Forensics and Analytics, Inc.

PO Box 750641
Petaluma, CA 94975-0641
Cell: 707-318-0348
[email protected]
cc. Paul Kelley, Economic Development Manager, City of Vallejo

April 8, 2022
Emi Thériault, AICP
Economic Development Program Manager
City of Vallejo, Economic Development Division
(707) 649-5454
[email protected]
Subject: Scope Attachment 1 - Hourly Rate
In the event the City of Vallejo directs that the proposed scope be expanded beyond that intended by the Scope of Work identified herein, the EFA hourly rates for the following team members are as follows:

President, EFA $200/hour
Subcontractor $200/hour
Please advise any concerns or questions. Thanks!
Rob.

Robert Eyler, Ph.D.

President, Economic Forensics and Analytics, Inc.

PO Box 750641
Petaluma, CA 94975-0641
Cell: 707-318-0348
[email protected]
P.O. Box 750641 Petaluma, CA 94975
Phone: 707-318-0348 E-Mail: [email protected]

EXHIBIT A - HOURLY
RATES

EXHIBIT B

COMPENSATION

1. Consultant’s Compensation.

A. Services: City agrees to pay Consultant, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement for a total not to exceed two hundred forty-five thousand and zero cents ($245,000.00).

2. Appropriate Billable Hourly Rates for Services and Additional Services.

Consultant’s billable hourly rates shall be as listed in Exhibit A, attached hereto and incorporated herein by this reference.

3. Consultant’s Reimbursable Expenses. None.

4. Payments to Consultant.

A. Payments to Consultant shall be made within a reasonable time after receipt of Consultant’s invoice. Said payments to be made in proportion to services performed.

B. Request for payment shall be sent to:

Narcissa Wilson
Executive Secretary
Planning and Development Services 555
Santa Clara Street
Vallejo, CA 94590

5. Accounting Records of Consultant. Consultant shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Consultant’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Consultant’s Reimbursable Expenses, in accordance with generally accepted accounting practices.

Consultant shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty-four (24) hours’ notice.

The obligations of Consultant under this section shall survive this Agreement.

6. Taxes. Consultant shall pay, when and as due, any and all taxes incurred as a result of Consultant’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

7. Taxpayer Identification Number. Consultant shall provide City with Consultant’s complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by City.

EXHIBIT C INSURANCE

REQUIREMENTS
Consultant shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Consultant, their agents, representatives, or employees or subcontractors.

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

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

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

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

D. Professional Liability insurance appropriate to the Consultant’s profession (Errors and Omission).

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

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

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

C. Workers’ Compensation and Employer's Liability: $1,000,000 per accident for bodily injury or disease. If Consultant is not subject to California Workers’ Compensation requirements, Consultant shall file a completed certificate of exemption form which may be obtained from the City prior to commencing any activity authorized hereunder.

D. Professional Liability (Errors and Omission): $1,000,000 combined single limit per occurrence, and annual aggregate.

3. Deductible and Self-Insured Retention. 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.

4. Other Insurance Provisions. The general liability and automobile liability policies, as can be provided, are to contain, or be endorsed to contain, the following provisions:

A. 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. The coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. The insurance is to be issued by companies licensed to do business in the State of California.

B. 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.

C. 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.

D. 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.

E. 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.

F. The workers’ compensation and employer’s liability policy required hereunder shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Consultant’s performance under this Agreement.

5. Acceptability of Insurers. 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 effecting general and automobile liability insurance coverage required by this clause. 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.

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 the certificates of insurance and endorsements required in Paragraph F, above, are canceled or Consultant otherwise ceases to be insured as required herein.

RESOLUTION NO. 20 _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING A

CONSULTANT AND PROFESSIONAL SERVICES CONTRACT WITH ECONOMIC FORENSICS AND ANALYTICS, INC. FOR THE DEVELOPMENT OF THE 2022

VALLEJO ECONOMIC DEVELOPMENT STRATEGIC PLAN, AUTHORIZING THE USE OF ARPA FUNDING IN THE AMOUNT OF $245,000 THEREFOR, AND FURTHER AUTHORIZING AN ADDITIONAL $155,000 OF ARPA FUNDING TO

IMPLEMENT THE PROJECTS RECOMMENDED BY THE PLAN
WHEREAS, the United States Congress passed, and the President of the United States signed into law on March 11, 2021, the American Rescue Plan Act (ARPA) in further response to the economic impacts of the COVID-19 pandemic; and WHEREAS, the City of Vallejo has been awarded $13 million in ARPA funding 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 eligible businesses within the City of Vallejo; and WHEREAS, on September 28, 2022, the City Council appropriated $400,000 of the ARPA funds to draft a new Economic Development Strategic Plan responsive to current economic conditions, and based thereon, to help implement economic development within the City of Vallejo, a top priority of the Council; and WHEREAS the City Council of the City of Vallejo desires to engage a consultant to develop the 2022 Vallejo Economic Development Strategic Plan and allocate $245,000 in City of Vallejo ARPA funding to pay the consultant pursuant to a Consultant and Professional Services Agreement for the development of the Strategic Plan; and WHEREAS, the City Council of the City of Vallejo further desires to allocate $155,000 of the $400,000 in ARPA funding to implement projects recommended by the 2022 Economic Development Strategic Plan.

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

Section 1. The Consultant and Professional Services Agreement with Economic Forensics And Analytics, Inc. to develop the 2022 Vallejo Economic Development Strategic Plan for $245,000 is hereby approved, and the City Manager or his designee is authorized to execute same.

Section 2. Funding in the amount of $400,000 from the City of Vallejo’s ARPA allocation is hereby approved to (1) pay Economic Forensics and Analytics, Inc. up to

$245,000 in accordance with the Consultant and Professional Services Agreement; and (2) pay for projects recommended by the 2022 Vallejo Economic Development Strategic Plan in the amount of $155,000.

Section 3. The City Manager is authorized to administratively approve any modifications, additions, deletions, or other changes to the 2022 Vallejo Economic Development Strategic Plan, as deemed necessary by him, in order to expeditiously create, implement, and administer t h e Plan.

PASSED AND ADOPTED this 10th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________

ROBERT MCCONNELL, MAYOR
ATTEST:

______________________________________
DAWN G. ABRAHAMSON, CITY CLERK
ACTION ITEM 9.B.

DATE: May 10, 2022
TO: Mayor and Members of the City Council
FROM: Kyle D. Long, Fire Chief
SUBJECT: INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING CHAPTER

12.28 OF THE VALLEJO MUNICIPAL CODE RELATING TO FIREWORKS

RECOMMENDATION
Introduction and First Reading of an Ordinance Amending Vallejo Municipal Code by Repealing and Replacing Chapter 12.28 Relating to Fireworks.

REASONS FOR RECOMMENDATION
The amendment of the Fireworks Ordinance will more clearly outline the permit requirements for a firework display, as well as the fines that can be incurred by people illegally using fireworks or allowing illegal fireworks activity to occur on their property.

BACKGROUND AND DISCUSSION
Fireworks are disruptive to neighborhoods, cause hundreds of minor and major injuries, and are responsible for many vegetation and home fires. In 2021, fireworks caused an estimated $1 million in damage to homes and properties.

In 2021, Vallejo Dispatch received more than 400 calls regarding the illegal use of fireworks from midnight on July 4th through midnight on July 5th and more than 500 reports on SeeClickFix about illegal fireworks in the month of July.

In an effort to deter the use of fireworks in the City of Vallejo, staff are amending the Fireworks Ordinance of the Vallejo Municipal Code to clearly outline the penalty for illegally discharging fireworks. This penalty includes an administrative fine of $1,000, costs incurred for disposing of the fireworks, and all costs related to responding to calls for service arising from the unlawful use of fireworks. The amended Ordinance also makes the host of any gathering where fireworks are discharged liable for the response costs.

FISCAL IMPACT
There is no fiscal impact to this action. Through the course of enforcement, some funds may be recovered as it pertains to responding to the use of illegal fireworks.

ATTACHMENTS

1. Ordinance Amending Chapter 12.28 relating to Fireworks

Date: May 10, 2022
Subject: INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING CHAPTER

12.28 OF THE VALLEJO MUNICIPAL CODE RELATING TO FIREWORKS

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CONTACT
Vincent Sproete, Fire Prevention Manager (707) 648-4566 [email protected]
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VALLEJO AMENDING SECTIONS 12.28.100 THROUGH 12.28.160, INCLUSIVE, OF CHAPTER 12.28 OF THE

VALLEJO MUNICIPAL CODE RELATING TO FIREWORKS

NOW THEREFORE THE COUNCIL OF THE CITY OF VALLEJO DOES ORDAIN AS FOLLOWS:

SECTION 1. Sections 12.28.100 through 12.28.160, inclusive, of Chapter 12.28 of the Vallejo Municipal Code are hereby repealed in their entirety.

SECTION 2. There are hereby added new Sections 12.28.100 through 12.28.160, inclusive, to Chapter 12.28 of the Vallejo Municipal Code which are adopted to read as follows:

Chapter 12.28
II. FIREWORKS
Sections:

12.28.100 Definitions.

12.28.110 Permit for Fireworks Display Required; Bond.

12.28.120 Manufacturing and Transportation of Fireworks.

12.28.130 Social Host Liability.

12.28.140 Violation—Penalty.

12.28.150 Exceptions.

12.28.160 Seizure of fireworks.

12.28.100 Definitions.
“City” means the City of Vallejo.
"Fireworks" means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment. The term "fireworks" includes, but is not limited to, devices designated by the manufacturer as fireworks, firecrackers, torpedoes, skyrockets, roman candles, rockets, Dayglo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs,

and fireworks kits. "Fireworks" includes both "dangerous fireworks" and "safe and sane" fireworks as defined in the California Health and Safety Code. “Illegal Fireworks Activity” means the possession, distribution, or discharge of fireworks without a permit.
“Response Costs” means those reasonable and necessary costs directly incurred by the Vallejo Police Department, Vallejo Fire Department, or other public safety and emergency personnel in responding to Illegal Fireworks Activity and the cost of providing those services, including but not limited to:

A. The salaries and benefits of the public safety or other emergency personnel for the amount of time attributable to the response to any Illegal Fireworks Activity and the administrative costs associated therewith; and
B. The cost of any medical treatment to or for any injuries to public safety or emergency personnel arising from or related to the response to the Illegal Fireworks Activity; and C. The cost of repairing or replacing any public safety equipment or public property damaged in responding to, remaining at, or leaving the scene of the Illegal Fireworks activity; and
D. The cost of using any public equipment and resources in responding to, remaining at, or leaving the scene of the Illegal Fireworks Activity.
“Social Host” means a person who either:

1. Any owner of private property as listed on the most recent assessment roll;

2. Any person who has the right to use, possess, or occupy public or private property under a lease, permit, license, rental agreement, or contract; or

3. Any person who hosts, organizes, supervises, officiates, conducts, or sponsors a gathering on public or private property and, if such person is a minor, then that person’s parents or legal guardians.

12.28.110 Permit required for discharge of fireworks; bond.

A. Except as otherwise expressly provided in this Code, it shall be unlawful for any person to possess, store, offer for sale, display for sale, sell at retail, or discharge any fireworks without a permit. Every such use and display shall be handled by a competent state-licensed operator approved by the chief and shall be located, discharged, or fired so as not to be hazardous to property or endanger any person.

B. Applications for permits shall be made in writing at least ten days in advance of the date of the fireworks display. After such privilege shall be granted, the possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.

C. The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the City Manager or designee for the payment of all damages which may be caused either to persons or to property by reason of the permitted fireworks display and arising from any acts of the permittee, his or her agents, employees, or subcontractors.

12.28.120 Manufacturing and transport of fireworks.

The manufacturing and/or transportation of any fireworks is prohibited, except by a person who has been issued a permit by the office of the state fire marshal or is otherwise permitted to do so pursuant to provisions of state law, and such manufacturing or transportation is being performed in compliance with applicable requirements of the California Fire Code and Vehicle Code.

12.28.130 Social Host liability.

A. No Social Host shall knowingly allow any person to violate a provision of this chapter on property that is owned, occupied, or otherwise used by the Social Host pursuant to a lease, permit, license, rental agreement, or contract.

B. It is the duty of any Social Host who knowingly hosts, permits, or allows any gathering to take place to take all reasonable steps to prevent the use of fireworks by that Social Host’s guests or invitees.

C. No person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement or contract shall be liable under this chapter for violations occurring in the common areas of the property.

12.28.140 Violation—Penalty.

A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to the procedures set forth in chapter 1.15 of this Code.

B. The amount of an administrative penalty for a violation of this chapter is $1,000 for each violation.

C. In addition to such administrative penalties, each violator shall be liable for all costs incurred by the office of the state fire marshal for the transportation and disposal of any fireworks seized from that person. The costs incurred by the office of the state fire marshal will be calculated based upon the regulations promulgated by that office.

D. Any Social Host who violates any provision of this Chapter shall be liable for the Response Costs relating to the violation. All Social Hosts who violate any provision of this Chapter in the same incident shall be jointly and severally liable for the Response Costs relating to the violation. The amount of Response Costs constitutes a debt owed to the City.

1. Notice of the Response Costs shall be served by first-class mail on the Social Hosts liable for such costs. The notice shall contain the following information:
a. The name of the Social Host who is liable for the Response Costs; b. The address of the private property where the violation occurred; c. The date and time of the response;
d. The law enforcement, fire, or other emergency response personnel who responded; and
e. An itemized list of the Response Costs.

2. Payment for Response Costs shall be remitted to the City within 30 calendar days of the date of the notice. The payment of any such costs shall be stayed upon the filing of a timely appeal.

3. A Social Host charged with Response Costs may, within 10 calendar days of the date of the notice of Response Costs, appeal the Response Costs in accordance with Section

1.15.090. The appeal hearing shall be scheduled and conducted in the manner prescribed by Section 1.15.110. Failure to timely file an appeal constitutes a failure to exhaust available administrative remedies and bars any further review or administrative appeal of the Response Costs.

E. Violations of this chapter are hereby declared to be a public nuisance.

F. Violations of the chapter shall constitute a misdemeanor.

G. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the City from the pursuit of any other remedy to enforce this chapter.

12.28.150 Exceptions.

Nothing in this article shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes of illumination, or the sale of use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports or for use by military organizations.

12.28.160 Seizure of fireworks.

The chief shall seize, take, remove or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored or held in violation of this chapter.

SECTION 3. 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 4. Effective Date.

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

ACTION ITEM 9.C.

DATE: May 10, 2022
TO: Mayor and Members of the City Council
FROM: Christina Ratcliffe, AICP, Planning and Development Services Director SUBJECT: PUBLIC HEARING OF APPEAL OF PLANNING COMMISSION DENIAL OF REQUEST TO MODIFY CONDITIONS OF APPROVAL OF MAJOR USE PERMIT #20-0008

AUTHORIZING V-TOWN FARMS TO OPERATE A RETAIL CANNABIS BUSINESS LOCATED AT 5184 SONOMA BOULEVARD, SUITE 300

RECOMMENDATION
Conduct the public hearing and adopt a Resolution denying Appeal (APP) #22-0001, and uphold the Planning Commission denial of a request to amend Major Use Permit (UP) #20-0008 for V-Town Farms at 5184 Sonoma Boulevard, Suite 300.

REASONS FOR RECOMMENDATION
Staff recommends that the City Council uphold the Planning Commission’s denial of the Major Use Permit amendment request as the appellant has not provided compelling evidence to modify the conditions.

BACKGROUND AND DISCUSSION
Original Planning Commission and City Council Action on Application V-Town Farms is one of eleven existing cannabis businesses permitted to operate in the City of Vallejo (“City”). V-Town Farms currently operates a cannabis business with retail sales, with accessory uses of cannabis manufacturing and cannabis distribution. The business operates within a 19,035 square foot portion of the 49,871 square foot building space at 5184 Sonoma Boulevard, Suite 300. The remaining 30,836 square feet of the space is vacant and not permitted to be accessed for any part of the cannabis business operation.

On March 15, 2021, by a 5-1 vote, Charles Wesley of Kolaboration Vallejo, LLC obtained Planning Commission approval of Major Use Permit (UP) #20-0008 to operate V-Town Farms.

On March 25, 2021, Max Del Real of Ammericann Development filed Appeal (APP) #21-0004 on behalf of California Collective Care, an existing retail cannabis at 1639 Lewis Brown Drive (Vallejo, CA), requesting that the City Council overturn the Planning Commission approval of Major Use Permit (UP) #20-0008.

On May 25, 2021, the City Council held a public hearing to consider the appeal. The City Council, by a 6-0 vote, directed City staff to return on June 7, 2021, with revised conditions of approval addressing issues and concerns that were raised during the public hearing. Councilmember Hakeem Brown recused himself and did not participate in the public hearing due to a conflict of interest.

On June 7, 2021, the City Council continued the public hearing, after which it voted 4-2 to deny the appeal (APP) #21-0004 and approve Major Use Permit (UP) #20-0008, subject to the following conditions of approval:

Condition 14: As offered by the Applicant, Applicant shall donate a minimum of $600,000 annually to local non-profit agencies or schools of its choosing for the benefit of Vallejo residents, primarily those

Date: May 10, 2022
Subject: PUBLIC HEARING OF APPEAL OF PLANNING COMMISSION DENIAL OF REQUEST TO MODIFY CONDITIONS OF APPROVAL OF MAJOR USE PERMIT #20-0008

AUTHORIZING V-TOWN FARMS TO OPERATE A RETAIL CANNABIS BUSINESS LOCATED AT 5184 SONOMA BOULEVARD, SUITE 300

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residing in District 2. Said donation shall be adjusted annually for inflation in accordance with the Consumer Price Index for All Urban Consumers (CPI-U), San Francisco-Oakland-Hayward, CA.

Condition 40.b: Storefronts shall maintain transparent windows that allow visibility into the store, with a minimum of 60 percent transparency on the street frontage at the ground level and allow visibility into the building at a minimum of four feet above the ground.

Building Permit Issuance after Original Approval
On July 2, 2021, the City’s Building Division issued Building Permit (BP-2021-0468) permitting V-Town Farms to begin making tenant improvements for the conversion of the existing building space into a cannabis business. The building permit was made contingent upon V-Town Farms creating a storefront with 60 percent transparency in accordance with the condition of approval above.

The 60 percent transparency requirement was a requirement of the Zoning Code in effect at the time V-Town Farms' application was determined to be complete (former VMC Section 16.82.060.V.3.e). This condition is intended to provide visibility into the business and to enhance the aesthetic appearance of the structure. As the Council may recall, and as evidenced in the Planning Commission and City Council recordings, this was a particularly contentious issue at the hearings, and was discussed thoroughly. Both the Planning Commission and the City Council approved the application with the condition that the façade be required to have 60 percent transparency.

When the new Zoning Code was adopted, an error by the publisher resulted in this requirement (and others) being omitted from the new Code. Staff will be bringing these corrections, as well as other minor edits to the Code, back to the Planning Commission and the Council in the next few months. Nevertheless, Major Use Permit #20-0008 was approved under the then-existing regulations and with this condition of approval.

On July 30, 2021, V-Town Farms received a Temporary Certificate of Occupancy and commenced business operations. V-Town Farms requested the Certificate to allow it to open to the public while waiting for the shipment of additional windows, which it indicated were delayed due to COVID-19 supply chain issues. The Director issued the Temporary Certificate of Occupancy for a period of 16 weeks to allow for this delay.

On October 25, 2021, Appellant sent an email to the Director indicating that he wanted to amend both the transparency condition and the charitable donation conditions of approval.

On October 29, 2021, the Temporary Certificate of Occupancy expired.

On November 23, 2021, Appellant filed an application requesting a formal amendment of the conditions of approval for Major Use Permit (UP) #20-0008. The request sought to amend Condition(s) 14 and 40.b as follows:
Proposed Condition 14: The Applicant shall donate a minimum of 1% of revenue annually to local non-profit agencies and schools of its choosing for the benefit of Vallejo residents; primarily those residing in District 2.

Date: May 10, 2022
Subject: PUBLIC HEARING OF APPEAL OF PLANNING COMMISSION DENIAL OF REQUEST TO MODIFY CONDITIONS OF APPROVAL OF MAJOR USE PERMIT #20-0008

AUTHORIZING V-TOWN FARMS TO OPERATE A RETAIL CANNABIS BUSINESS LOCATED AT 5184 SONOMA BOULEVARD, SUITE 300

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The applicant is proposing the “revenue” be defined as the total collections, less City and State sales and excise taxes.

Proposed Condition 40.b: As long as the Applicant maintains at least two, armed, security guards on the premises 24 hours a day and seven days per week, the Applicant shall not be required to meet the 60% Transparency Requirement; whether or not the requirement is reinstated in the Code.

On February 23, 2022, the Planning Commission held a duly noticed public hearing to consider the request to amend Major Use Permit (UP) #20-0008. The Planning Commission, by a 4-3 vote, denied the amendment request (AYES: Commissioners Blind, Bowman, Douglass, and Palmares. NOES: Chair Cohen-Thompson, Vice Chair Stamps, and Commissioner Matulac).

On March 3, 2022, Appellant filed Appeal (APP) #22-0001 requesting that the City Council overturn the Planning Commission denial of the Major Use Permit amendment request.

The arguments for the appeal are detailed below in italics followed by staff’s response in roman font. The appeal request is an exhibit to this staff report and provided in its entirety.

A. Appellant Claim: At least two of the Commissioners assumed that we would appeal their adverse decision to the City Council, and so voted with that in mind. These Commissioners wanted the City Council to weigh in on the donation condition. Effectively, "I don't need to vote in favor of the applicant, because he will then take it to the City Council and they will vote in favor of him." Staff Response: Staff has reviewed the Planning Commission video and did not find any such statement by a Commissioner.

B. Appellant Claim: Four of the Commissioners did not properly consider all of the relevant facts of the matter, such as (1) the context in which the $600,000 donation was agreed to and (2) the fact that the building as it now exists is both legal and conforming.

Staff Response: The Planning Commission reviewed the packet, the information submitted by the appellant, testimony from the appellant and the public. The Commission then discussed the matter at length, considering all relevant facts prior to rendering its decision.

C. Appellant Claim: One of the Commissioners was inordinately influenced by her misunderstanding of an immaterial matter ... she cited that there was presently no City Councilmember who lives in District 2; bringing into question the integrity of the Applicant who had earlier stated… “One of the City Councilmembers requested that the donation primarily benefit District 2, because the business is in District 2." Staff Response: This statement is speculation by the applicant.

D. Appellant Claim: One of the Commissioners voted to deny the Application because he was not permitted to motion that "primarily District 2" be struck from the $600,000 Condition.

Staff Response: The Resolution brought to the Commission was for denial. Staff informed the Commission that if the Commission wanted to approve the proposed modification, it should state clearly what the findings and conditions should be, and staff would return at a future meeting with a resolution reflecting the Commissions’ direction. The Commission chose not to do this and denied the application.

Date: May 10, 2022
Subject: PUBLIC HEARING OF APPEAL OF PLANNING COMMISSION DENIAL OF REQUEST TO MODIFY CONDITIONS OF APPROVAL OF MAJOR USE PERMIT #20-0008

AUTHORIZING V-TOWN FARMS TO OPERATE A RETAIL CANNABIS BUSINESS LOCATED AT 5184 SONOMA BOULEVARD, SUITE 300

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E. Appellant Claim: The Planning Director provided statements to the Commission that were completely unrelated to the Applicant's request. These statements were designed to tarnish the Applicant. These were... (1) the false statement that the air purifier system had not been installed and (2) the statement that the Applicant was late in remitting the Community Outreach fee.

Staff Response:When an applicant is requesting modifications to any condition of approval, staff believes it is relevant and necessary to consider the Applicant’s overall compliance with the conditions of approval. (1) The Director provided information relayed to her from the Building Official regarding the incomplete status of the building permit, which status was based on the fact the Carbon Filtration system had not been inspected.
(2) The applicant was late in remitting the Community Outreach fee. It required multiple emails from staff to Applicant from November of 2021 until February of 2022, when the deposit was submitted. Now that the monies have been submitted, the first outreach will be held on May 19, 2022.

The Temporary Certificate of Occupancy issued to the Applicant has expired, and that the following building permit requirements are not in compliance:

A. The interior walls separating the retail space from the non-occupied space within the building premises do not continue all the way up to the ceiling, so the occupied and unoccupied spaces are sharing the same air.

Accordingly, the plans for HVAC system does not comply since the since the system is designed only for the V-town tenant space.

B. The building permit application for the exterior Lighting Plan (a condition of approval) was withdrawn by the applicant.

C. The trash enclosure has not been completed.

D. The permit for roof repair has expired. The roof needs a final inspection.

E. The mechanical permit for Carbon filtration has not had an inspection F. Appellant Claim: The Planning Director mischaracterized a letter from our structural engineer, creating the impression that achieving 60% transparency was still viable. What the letter says is that. .. "With the current proposed new openings , the remaining portions of CMU wall have just enough capacity to resist seismic loads from the building as a whole." A more accurate and forthright characterization would have been… “42% transparency can be achieved without imperiling the structure. Attempting to achieve more than that would require adding shotcrete to the face of the structure and strengthening the roof." The characterization she provided was not forthcoming. She had the letter in front of her and could have offered to read from it.

Staff Response: The letter from the appellant’s structural engineer is attached. It states that “all new openings need to be analyzed…” This has not been done. The letter further discusses what actions might be done to achieve the 60% transparency requirement.

G. Appellant Claim: The City Attorney misled the Planning Commission into thinking it lacked authority to direct staff to revise the conditions in their own words and return with a new resolution.

Staff Response: This is not true. At the Commission meeting, both the City Attorney and staff advised the Commission that should it want to approve the requested modifications, it could direct staff accordingly and staff would return with a resolution of approval at a later date.

H. Appellant Claim: No other cannabis operator has an annual community benefit contribution, particularly one divorced from the health of the business.

Staff Response: While it is true that no other cannabis operator in Vallejo is required to make an annual Date: May 10, 2022
Subject: PUBLIC HEARING OF APPEAL OF PLANNING COMMISSION DENIAL OF REQUEST TO MODIFY CONDITIONS OF APPROVAL OF MAJOR USE PERMIT #20-0008

AUTHORIZING V-TOWN FARMS TO OPERATE A RETAIL CANNABIS BUSINESS LOCATED AT 5184 SONOMA BOULEVARD, SUITE 300

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community benefit contribution, the Applicant discussed this with the Council at length and agreed to the contribution being imposed as a condition of approval to the Use Permit.

I. Appellant Claim: The 60% transparency requirement is not currently required by the zoning code and makes no sense given (1) the building's location 200 feet from a street and far from pedestrian traffic, (2) that the building has load-bearing CMU walls, and (3) transparency is likely to attract property crime here.

Staff Response: The transparency requirement was required by the zoning regulations in effect at the time the application was originally submitted. The 60% transparency was also included as a condition of approval by both the Planning Commission and the Council. The applicant’s engineer provided a letter stating that the achievement of the 60% transparency would require further study. Staff believes that the requirement would enhance the aesthetics of the structure. Staff cannot speak to the Appellant’s assertion regarding future potential property crime, but notes that there is an existing robust security system, including on-site security personnel.

J. Appellant Claim: V-Town Farms is adversely affected by the decision. Continuation of the two appealed conditions puts V-Town Farms at a competitive disadvantage and imperils the business. V-Town Farms will demonstrate, through its engineer and contractor estimates, that achieving 60% transparency is "not possible" without a new structural support system for the building. V-Town Farms will demonstrate that the commitment to donate $600,000 per year to non-profits was within the context of its good faith estimate, based on other retail locations, of doing $60 million per year in revenue. V-Town Farms could not have foreseen the drastic change in the cannabis market, causing it to have only $9 million in revenue.

Staff Response: Other than the engineer’s letter (attached), staff has not seen any information from the applicant’s engineer or contractor regarding a structural support system. Staff believes that the transparency requirement is possible, but that there is a cost involved that the appellant does not wish to incur. Staff cannot speak to the appellant’s previous revenue estimate and commitment to donate $600,000 to local nonprofits.

However, the applicant agreed to have this added as a condition of approval to the Use Permit.

Conclusion
Staff notes that under City of Vallejo Code, 7.200, the Local Cannabis Regulatory Permit may be revoked if the business is not in compliance with its Conditional Use Permit. Staff recommends that the Council adopt the attached resolution denying the appellant’s request to modify the conditions of approval. This would require the appellant to move forward with the 60% transparency condition as well as the $600,000 community benefit donation to local non-profits. However, if the Council believes that a modification of the transparency requirement and/or the community benefit is warranted, Council may direct staff to return with appropriate findings and a resolution reflecting Council’s decision.

FISCAL IMPACT
This action will not have an impact on the City’s General Fund.

ENVIRONMENTAL REVIEW
Pursuant to California Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”)), and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.) Section 15270, a project that is disapproved or rejected is exempt from the requirements of CEQA.

ATTACHMENTS

1. APP22-0001 Appeal Request 2022-03-03

2. MJP21-0001 PC Staff Report 2022-02-23 FINAL
Date: May 10, 2022
Subject: PUBLIC HEARING OF APPEAL OF PLANNING COMMISSION DENIAL OF REQUEST TO MODIFY CONDITIONS OF APPROVAL OF MAJOR USE PERMIT #20-0008

AUTHORIZING V-TOWN FARMS TO OPERATE A RETAIL CANNABIS BUSINESS LOCATED AT 5184 SONOMA BOULEVARD, SUITE 300

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3. MJP21-0001 PC Resolution 2022-02-23 SIGNATURES REQUIRED

4. MJP21-0001 Application Packet 2021-11-23

5. CC Resolution APP-22-001_CAO Stamp

6. Excerpt Previous Zoning Code 16.82.060.V

7. UP20-0008 Email 2021-06-25 Ratcliffe to C. Wesley (Window Transparency D.._

8. V-Town Farms Storefront Structural Assessment - BASE

9. 5-2-22 email V-Town Farms - May 10th City Council Meeting

10. Vallejo City Council Presentation Attachments 10may22

11. Vallejo City Council Presentation 10may22

CONTACT
Christina Ratcliffe, AICP, Planning and Development Services Director [email protected]

STAFF REPORT

CITY OF VALLEJO

PLANNING COMMISSION

I. PROJECT INFORMATION
DATE OF MEETING: February 23, 2022

Item No. 7-A

PREPARED BY: Jonathan Atkinson, Senior Planner

PROJECT LOCATION: 5184 Sonoma Boulevard: Suite 300
(APN: 0067-150-300)

PROJECT NUMBER: Major Use Permit (UP) #20-0008

REQUESTED APPROVAL: Amendment to Major Use Permit
(VMC Section 16.606.02.E.2)

PROJECT SUMMARY: Request to amend Major Use Permit (UP) #20 -0008 conditions of approval for V-Town Farms as it pertains to required 60 percent storefront transparency
improvements and $600,000 annual charitable
donations.

ENVIRONMENTAL
DETERMINATION:

Pursuant to California Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”)), and
the State CEQA Guidelines (California Code of
Regulations, Title 14, Sections 15000, et seq.) Section 15270, a project that is denied or rejected is exempt from the requirements of CEQA.

RECOMMENDATION:

Hold a public hearing and consider the request to modify the conditions of approval for the Major Use Permit.

Adopt a Resolution to DENY request to amend
conditions of approval.

PROJECT DATA SUMMARY:

Applicant: Charles Wesley
Kolaboration Vallejo, LLC
183 Main Street
Rio Vista, CA 94571

Property Owner: RPJR, LLC and JRMVP, LLC
10100 Santa Monica Boulevard
Los Angeles, CA 90067

General Plan Designation: District – North Gateway (D-N/G)

Specific Plan: None
PC Staff Report – V-Town Farms
February 23, 2022

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Zoning District: Central Corridor (CC) District

Existing Use: Retail Cannabis Business/Vacant Building Space

Surrounding Land Uses: North: Vacant Land
South: Vacant Building
East: Broadway Street/Railroad
West: Sonoma Boulevard (Highway 29)

Lot Area: 4.29 acres

Total Floor Area: 49,871 square feet (19,035 square feet occupied)

II. PROJECT DESCRIPTION

A. Background

V-Town Farms is one of 11 existing cannabis businesses permitted to operate in the City of Vallejo (“City”). V-Town Farms currently operates a cannabis business with retail sales, and cannabis manufacturing and cannabis distribution as accessory uses, within a portion of the building space at 5184 Sonoma Boulevard: Suite 300.

On March 15, 2021, Charles Wesley of Kolaboration Vallejo, LLC obtained Planning Commission approval of Major Use Permit (UP) #20- 0008 for V -Town Farms by a 5-1 vote. The Planning Commission hearing video can be accessed HERE.

On March 25, 2021, Max Del Real of Ammericann Development filed Appeal (APP) #21- 0004 on behalf of California Collective Care, an existing retail cannabis at 1639 Lewis Brown Drive (Vallejo, CA), requesting that the City Council overturn the Planning Commission approval of Major Use Permit (UP) #20-0008.

On May 25, 2021, the City Council held a public hearing in consideration of Appeal (APP) #21-0004. The City Council directed City staff by a 6-0 vote to return on June 7, 2021, with revised conditions of approval addressing issues and concerns that were raised during the public hearing. Councilmember Hakeem Brown recused himself and did not participate in the public hearing due to a conflict of interest. The City Council hearing video can be accessed HERE
.

On June 7, 2021, the City Council denied Appeal (APP) #21- 0004 and approved Major Use Permit (UP) #20- 0008 for V -Town Farms by a 4-2 vote. The City Council hearing video can be accessed HERE.

This City Council action included the following conditions of approval that are the amendment request:

• Condition 14 : As offered by the Applicant, Applicant shall donate a minimum of $600,000 annually to local non-profit agencies or schools of its choosing for the benefit PC Staff Report – V-Town Farms
February 23, 2022

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of Vallejo residents, primarily those residing in District 2. Said donation shall be adjusted annually for inflation in accordance with the Consumer Price Index for All Urban Consumers (CPI-U), San Francisco-Oakland-Hayward, CA.

• Condition 40.b: Storefronts shall maintain transparent windows that allow visibility into the store, with a minimum of 60 percent transparency on the street frontage at the ground level and allow visibility into the building at a minimum of four feet above the ground.

The existing City Council District map can be accessed for reference purposes HERE.

On July 2, 2021, the City’s Building Division issued Building Permit (BP -2021-0468) permitting the operators of V -Town Farms to begin making tenant improvements for the conversion of the building space into a cannabis business. The issuance of the building permit was contingent upon the operators of V -Town Farms making a subsequent submittal to address an outstanding development requirement to create a storefront with 60 percent transparency in accordance with the condition of approval above.

This transparency requirement was in the Zoning Code in effect at the time V-Town Farms had a complete application (VMC Section 16.82.060.V .3.e). This is intended to not only allow visibility into the business, but to enhance the aesthetic of the structure. As the Planning Commission may recall, and as evidenced in the Planning Commission and City Council recordings, this was a particularly contentious issue at the hearings, and was discussed thoroughly. Both the Planning Commission and the City Council approved the application with the condition that the façade be altered to have 60 percent transparency.

When the new Zoning Code was adopted, a cut and paste error resulted in this requirement and others not being included in the new Zoning Code. Staff will be bringing this correction, as well as other mi nor edits to the Planning Commission in the next few months. Nevertheless, the application was approved under standards that required it, as well as being a condition of approval.

On July 30, 2021, V-Town Farms received a Temporary Certificate of Occupancy (TCOO) and commenced business operations. The applicant had requested the TCOO to allow them to open to the public while waiting for windows, which were delayed due to COVID- 19 supply chain issues. The Director, allowed the applicant 16 weeks from the issuance of the TCOO to install additional windows to achieve the 60 percent transparency requirement.

On October 25, 2021, the applicant sent an email detailing that he wanted to amend both the transparency condition and the charitable donation condition.

On October 29, 2021, the T COO expired. Staff continued to work with the a pplicant on explaining the process and the correct application and fees to be submitted for an amendment request.

On November 23, 2021, applicant filed an application requesting a formal amendment of the conditions of approval for Major Use Permit (UP) #20-0008.

PC Staff Report – V-Town Farms
February 23, 2022

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B. Location and Land Use Context

The project site is one of three parcels that comprise Meadows Plaza, a commercial shopping center located on approximately 17.75 acres of land in North Vallejo. The following existing developments and land uses surround the project site: undeveloped land is located to the north; Broadway Street is located to the east with a railroad and single- family residences on the other side of the street; two vacant buildings that are part of Meadows Plaza are located to the south; and Sonoma Boulevard (Highway 29) is located to the west. The 4.29- acre project site is characterized by one commercial building with multiple tenant spaces, a surface parking lot, and mature landscaping. Meadows Plaza was formerly home to Walmart (closed in 2007) and Food 4 Less (closed in 2016) and had been largely vacant until V -Town Farms commenced business operations there in 2021.

Figure 1 – Vicinity Map

V-Town Farms is a cannabis business with retail sales, and cannabis manufacturing and cannabis distribution as accessory uses . The cannabis business occupies a 19,035 square foot portion of the existing 49,871 square foot building space . The remaining 30,836 square feet of the building space is vacant and not permitted to be accessed for any part of the cannabis business operation. Table 2 provides a breakdown of the floor area by use. The primary use is the retail sale of cannabis products. Ca nnabis manufacturing involves non-volatile processes to manufacture infused pre- rolls, flowers, and cannabis beverages. Cannabis distribution involves the packaging and shipment of cannabis products, including those manufactured on the premises. Cannabis cultivation is not part of the business operation, nor is it permitted at this loc ation. The permitted hours of operation are 6:00 A.M. to 10:00 P.M., seven days a week.

Meadows Drive

PC Staff Report – V-Town Farms
February 23, 2022

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Table 2 – Breakdown of Building Space Floor Area

Use Area
Retail Cannabis Sales Area 7,965 square feet
Retail Cannabis Storage 4,455 square feet
Cannabis Manufacturing 494 square feet
Cannabis Distribution 1,485 square feet
Customer Check-In 810 square feet
Employee Break Area 3,016 square feet
Office and Restroom Areas 810 square feet
Unoccupied Space 30,836 square feet

C. Request for Amendment

The applicant is requesting to amend the following conditions of approval:
• Condition 14 : As offered by the Applicant, Applicant shall donate a minimum of $600,000 annually to local non-profit agencies or schools of its choosing for the benefit of Vallejo residents, primarily those residing in District 2. Said donation shall be adjusted annually for inflation in accordance with the Consumer Price Index for All Urban Consumers (CPI-U), San Francisco-Oakland-Hayward, CA.

The applicant’s proposed amendments are as follows:
• Proposed Condition 14: The Applicant shall donate a minimum of 1% of revenue annually to local non- profit agencies and schools of its choosing for the benefit of Vallejo residents; primarily those residing in District 2.

The applicant is proposing the “revenue” be defined as the total collections less City and State sales and excise taxes.

• Proposed Condition 40.b: As long as the Applicant maintains at least two, armed, security guards on the premises 24 hours a day and seven days per week, the Applicant shall not be required to meet the 60% Transparency Requirement; whether or not the requirement is reinstated in the Code.

The applicant cites a collection of reasons as rationale for the amendments in a written request (attached to this staff report for reference).

The reasons are summarized below:

$600,000 Annual Charitable Donation Condition

• The Applicant spent $65,000 in litigation defending the City.

PC Staff Report – V-Town Farms
February 23, 2022

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• The cannabis market has changed since V-Town Farms agreed to pay the $600,000 annually and sales revenue does not financially justify a charitable donation of this amount.
• No other cannabis operators in Vallejo are required to make charitable donations; putting V-Town Farms at a disadvantage.
• One percent of sales revenue as a charitable donation is V -Town Farms’ practice in Rio Vista (Rio Vista Farms) and Antioch (Coco Farms).
60 Percent Transparency Requirement
• Requiring V-Town Farms to make additional storefront improvements to achieve 60 percent transparency creates security risks.
• There is no aesthetic value to achieving 60 percent transparency at V-Town Farms. • The costs to make additional storefront improvements for 60 percent window transparency would result in employee furloughs.
• The 60 percent transparency requirement for retail cannabis businesses is no longer in the zoning code and existing transparency requirements do not apply to the existing building space.

In response, staff notes that every applicant of a discretionary permit is required to indemnify the City in the event there is legal action resulting from the decision. Staff notes that Mr. Wesley volunteered to contribute $600,000 annually to the community during the appeal hearing, which the offer was accepted by the City Council.

The 60 percent transparency requirement was discussed at length at the Planning Commission and the City Council meetings. The storefront transparency requirement is imposed not only for safety, but to enhance the aesthetic of the existing building. Staff believes the threat of employee furloughs related to the cost of required building improvements is a specious argument.

D. Discussion

Use Permits are intended to allow for activities and uses that may not be appropriate for all locations and whose effect on the surrounding environment cannot be determined prior to being proposed for a particular location. Uses requiring a Use Permit may not be appropriate without specific conditions being applied that eliminate or minimize any negative impacts caused by the us e. The project site is a building space that is partially occupied by V -Town Farms and located in the Meadows Plaza shopping center. The cannabis business is principally retail in operation and is compatible with uses typical of a shopping center, such as commercial shops, services, offices, and restaurants. The cannabis business is subject to Vallejo Municipal Code and State requirements as well as Use Permit conditions added to ensure that the operation does not result in an adverse effect on the surrounding area.

The purpose of this amendment request is to amend two of the original conditions of approval for Major Use Permit (UP) #20 -0008: (1) r equired charitable donations to nonprofits and schools in District 2 of one percent of annual revenue instead of $600,000 annually; and (2) the posting of two onsite security guards 24 hours a day, seven days a week instead of making storefront improvements to achieve 60 percent transparency.

PC Staff Report – V-Town Farms
February 23, 2022

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Charitable Donations

No other Vallejo cannabis businesses are subject to this condition. However, the operators of V-Town Farms offered to pay $600,000 annually, and this fact was taken into consideration when the City Council heard public testimony, evaluated the application and chose to deny the Appeal and grant the Major Use Permit for V -Town Farms. Staff does not believe that modifying this condition of approval would be in keeping with the intent of the City Council’s action.

Windows on 60 percent of Front Façade Condition

The requirement to achieve 60 percent transparency was not only a condition of the Major Use Permit but a zoning c ode requirement for retail sales of cannabis uses under VMC Section 16.82.060.V.3.e in effect at the time of the approval. After the Maj or Use Permit was granted, the applicant requested a TCOO to move i nto the building space before installing the windows due to supply chain delays. Staff is aware that COVID -19-related supply chain delays have greatly increased the wait time for windows for many of our applicants, and in an effort to work with the applicant, the Director approved a TCOO for 16 weeks.

After moving into the building space, the applicant raised the issue that the building space would not structurally support the added storefront improvements, which in fact was disputed by the structural eng ineer’s report. The applicant is now contesting that compliance with this requirement would be cost -prohibitive and result in employee furloughs. Cost concerns with development and personnel matters for a private business are inappropriate considerations for determination of a land use entitlement.

Other Conditions of Approval Issues

The City Council added as Condition 10 to the Use Permit the requirement to engage in robust community outreach. Staff secured a consultant for this work but the applicant did not provide the funding despite numerous written requests until February 15, 2022; hence this condition of approval has not yet been met. Staff will work with the applicant and consultant to begin the required outreach by March 15, 2022.

III. ENVIRONMENTAL REVIEW

Pursuant to California Environmental Quality Act (Public Resources Code Sections 2000, et seq. (“CEQA”)), and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.) Section 15270, a project that is denied or rejected is exempt from the requirements of CEQA.

IV. NOTICING AND PUBLIC COMMENTS
The Planning Division provided the following notifications in accordance with Vallejo Municipal Code Section 16.602.08 on February 9, 2022: Published a public notice in the Times Herald newspaper. Mailed notices to every property owner and neighborhood group within 500 feet of the project site and applicant through the United States Postal Service. The Casa Del Monte Homeowners Association is the only identified neighborhood group within 500 feet of the project site for the purposes of project notifications. Posted a notice on the front elevation of the cannabis business. Emailed a PDF copy of the notice to the Planning Commission on PC Staff Report – V-Town Farms
February 23, 2022

Page 8 ends

February 9, 2022. Staff has not received any communications in regard to the application as of writing this staff report.

V. CONCLUSION / STAFF RECOMMENDATION

Staff recommends that the Planning Commission adopt a Resolution to DENY the requested amendments to (U P) #2 0-0008 based on the analysis contained in this staff report and findings provided in the attached Resolution . A denial would mean that the business would continue to be subject to the original conditions of approval imposed by the City Council.

These include (1) $600,000 in annual charitable donations and ( 2) the required 60 percent transparency of the storefront as conditioned by the City Council.

Should the Planning Commission wish to approve the applicant’s request to amend Major Use Permit (UP) #20-0008, staff requests that the Planning Commission provide direction to assist in the drafting of findings for approval. Staff would then return with a Resolution and conditions of approval

VI. APPEAL PROCEDURE
The Applicant or any party aggrieved by a determination of the Planning Commission may appeal the action to the City Council. Such appeal must be filed in writing with the Planning Division along with a fee payment of $1,328 within ten (10) calendar days after the action by the Planning Commission. Such appeal shall not be timely filed unless it is received by the Planning Division no later than the close of business on the tenth day following the decision of the Planning Commission. The City Council may affirm, reverse or modify any decision of the Planning Commission that is appealed. The City Council may summarily reject any appeal upon determination that the appellant is not adversely affected by a decision under appeal.

Under VMC Section 16.602.14.E, a member of the City Council may also call the decision of the Planning Commission for review within the appeal period. The call for review shall be processed in the same manner as an appeal by any other person. Such action shall stay all proceedings in the same manner as the filing of an appeal. Such action shall not require any statement of reasons and shall not represent opposition to or support of an application or appeal.

ATTACHMENTS

1. Resolution

2. Request for Amendment

3. City Council Resolution No. 21-059
• Exhibit A: Major Use Permit (UP) #20-0008 Conditions of Approval

4. Approved Plans

5. VMC Development Standards (Cannabis)

6. Written Communications (City Staff and Applicant)

CITY OF VALLEJO PLANNING COMMISION

RESOLUTION

A RESOLUTION DENYING THE REQUEST TO AMEND MAJOR USE PERMIT (UP) #20-0008 ISSUED TO V-TOWN FARMS, AN EXISTING CANNABIS BUSINESS,

WITHIN AN EXISTING BUILDING SPACE IN MEADOWS PLAZA
MAJOR USE PERMIT (UP) #20-0008
5184 SONOMA BOULEVARD: SUITE 300
APN #0067-150-300

* * * * * * * * * * * * * * * * * * * * * * * * *

WHEREAS, on June 7, 2021, the City Council of the City of Vallejo (“City”) approved Major Use Permit (UP) #20-0008, which established retail cannabis sales with cannabis manufacturing and cannabis distribution, as accessory uses within an existing building space on property located at 5184 Sonoma Boulevard: Suite 300; and

WHEREAS, on November 23, 2021, Chuck Wesley (“the applicant”) of Kolaboration Vallejo, LLC, filed an application to amend conditions of approval for Major Use Permit (UP) #20-0008 (the “project”); and

WHEREAS, on February 23, 2022, after giving all public notices required by State law and the City of Vallejo Municipal Code, the City of Vallejo Planning Commission conducted a duly noticed public hearing to consider the project; and

WHEREAS, the record of proceedings (“record”) upon which the Planning Commission bases its decision on the project at issue herein, includes, but is not limited to: (1) the environmental determination (statutory exemption) for the project; (2) the staff reports, City files and records and other documents, prepared for and/or submitted to the City relating to the project; (3) the evidence, facts, findings and other determinations set forth in this resolution; (4) the City of Vallejo General Plan and its related EIR; (5) the Vallejo Municipal Code and its related environmental documents; (6) all designs, plans, studies, data and correspondence submitted to the City in connection with the project; (7) all documentary and oral evidence received at public workshops, meetings, and hearings regarding the project; (8) all other matters of common knowledge to the Planning Commission including, but not limited to, City, state, and federal laws, policies, rules, regulations, reports, records and projections related to development within the City of Vallejo and its surrounding areas.

WHEREAS, the Planning Commission considered testimony and evidence, both written and oral, provided at the public hearing, as well as other documents contained in the record of proceedings relating to the project, which are maintained in the offices of the City of Vallejo Planning Division; and

Resolution for V-Town Farms

NOW THEREFORE, based on the record, the Planning Commission hereby makes the following findings:

I. CALIFORNIA ENVIRONMENTAL QUALITY ACT

II. FINDINGS RELEVANT TO THE DENIAL OF A REQUEST TO AMEND MAJOR USE PERMIT (UP) #20-0008:

A. The applicant offered to pay the $600,000 community benefit annually. The City Council added it as a condition of approval, to which the applicant agreed. This monetary benefit to the City was taken into consideration when the City Council chose to grant the Major Use Permit for V-Town Farms.

B. The required storefront improvements to achieve 60 percent transparency was not only made a condition of the Major Use Permit but was a zoning code requirement for retail sales of cannabis uses under VMC Section

16.82.060.V.3.e in effect at the time of approval. The applicant requested a Temporary Certificate of Occupancy to move into the building space without installing the additional windows to allow more time to order and receive the windows.

COVID-19-related supply chain delays have greatly increased the wait time for windows for many applicants, as staff is aware. In an effort to work with the applicant, the Director approved a Temporary Certificate of Occupancy for 16 weeks to allow the applicant to open for business while working on ordering the windows. The applicant then decided that he did not want to install windows and wanted to remove that condition of approval.

C. The transparency requirement is not exclusively for safety, but to enhance the aesthetics of the existing building. The façade of the existing building is concrete masonry with minimal fenestration. Both the Planning Commission, and later the City Council on appeal, chose to grant the Major Use Permit with the understanding that the building would undergo façade enhancements through the installation of additional storefront windows.

III. RESOLUTION DENYING A REQUEST TO AMEND MAJOR USE PERMIT (UP) #20-0008 FOR V-TOWN FARMS AT 5184 SONOMA BOULEVARD: SUITE 300:

NOW, THEREFORE, BE RESOLVED that the Planning Commission hereby DENIES the request to amend Major Use Permit (UP) #20-0008 for V-Town Farms, a retail cannabis sales use with cannabis manufacturing and cannabis distribution, as accessory uses, based on the findings contained herein.

Resolution for V-Town Farms

IV. VOTE:

PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Vallejo, State of California, on the 23rd day of February 2022 by the following vote to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

________________________________________

PEGGY COHEN-THOMPSON, CHAIRPERSON
City of Vallejo Planning Commission

Attest:

________________________________________

MARGARET KAVANAUGH-LYNCH, SECRETARY
City of Vallejo Planning Commission

DocuSign Envelope ID: 49C538EF-439B-4COF-A2A4-CBAB49E78B71 RESOLUTION NO. 21-059 N.C.

DENYING APPEAL (APP) #21-0004, UPHOLDING PLANNING COMMISSION APPROVAL OF MAJOR USE PERMIT (UP) #20-0008, AND APPROVING MAJOR USE PERMIT (UP) #20· 0008 TO ESTABLISH RETAIL CANNABIS SALES FORV-TOWN FARMS WITH CANNABIS

MANUFACTURING AND CANNABIS DISTRIBUTION AS ACCESSORY USES WITHIN AN EXISTING BUILDING SPACE IN MEADOWS PLAZA.
5184 SONOMA BOULEVARD: SUITE 300
APN #0067-150-300
*************************
WHEREAS, on August 29, 2017, the City Council adopted General Plan 2040; and WHEREAS, on July 23, 2020, Chuck Wesley of Kolaboration Vallejo, LLC, filed a Major Use Permit application to establish retail cannabis sales with cannabis manufacturing and cannabis distribution as accessory uses ("project") within an existing building space on property located at 5184 Sonoma Boulevard: Suite 300 ("project site"); and
WHEREAS, the project site has a General Plan 2040 land use designation of District - North Gateway; and
WHEREAS, the project site has an interim zoning designation of Pedestrian Shopping and Service (CP), is identified as Planned Development Commercial (PDC) District pursuant to the existing zoning code, and will be zoned Central Corridor Commercial (CC) District under the new zoning code; and
WHEREAS, on March 15, 2021, after giving all public notices required by State law and the City of Vallejo Municipal Code, the City of Vallejo Planning Commission conducted a duly noticed public hearing and approved the project; and
WHEREAS, on March 25, 2021, the Planning Division received an appeal from California Collective Care, requesting that the City Council overturn the Major Use Permit approval; and WHEREAS, the Record of Proceedings ("Record") upon which the City Council bases its decision on the project at issue herein, includes, but is not limited to: (1) the environmental document (categorical exemption) prepared for the project and the appendices and technical reports cited in and/or relied upon in preparing same; (2) the staff reports, City files and records and other documents, prepared for and/or submitted to the City relating to the environmental document and the project; (3) the evidence, facts, findings and other determinations set forth in this resolution; (4) the City of Vallejo General Plan and its related EIR; (5) the Vallejo Municipal Code and its related environmental documents; (6) all designs, plans, studies, data and correspondence submitted to the City in connection with the environmental document and the project; (7) all documentary and oral evidence received at public workshops, meetings, and hearings regarding the environmental document(s) and the project; (8) all other matters of common knowledge to the City Council including, but not limited to, City, state, and federal laws, policies, rules, regulations, reports, records and projections related to development within the City of Vallejo and its surrounding areas; and
DocuSign Envelope ID: 49C538EF -439B-4COF-A2A4-CBAB49E78B71 WHEREAS, on May 25, 2021, the City Council considered testimony and evidence, both written and oral, provided at the public hearing, as well as other documents contained in the record of proceedings relating to the project, which are maintained in the offices of the City of Vallejo Planning Division; and
WHEREAS, on May 25, 2021, the City Council continued the public hearing to June 7, 2021; and NOW THEREFORE, based on the Record, the City Council hereby makes the following findings:

I. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING :

Based on the fact that the project involves the reuse of an existing building with a retail cannabis use with minor building and site alterations, the City Council finds that approval and implementation of the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), Public Resources Code §21000, et seq. and California Code of Regulations, Title 14, §15000, et seq. (Guidelines) pursuant to Guidelines Section 15301 ("Existing Facilities").

FACTS IN SUPPORT: The project is proposed to be located within an existing shopping center, Meadows Plaza, in an existing building space formerly occupied by Food 4 Less.

The project is not proposing expansion of the existing building space but rather involves only reoccupation of the space, interior and exterior alterations involving such things as interior partition walls, plumbing and electrical, painting and installation of windows consistent with the examples set forth in Guidelines Section 15301 (a).

None of the exceptions in CEQA Guidelines Section 15300.2 apply, as follows :
(a) the site is not located in an environmentally sensitive area, FACTS IN SUPPORT: The project site is located in an existing building space in an existing operating shopping center, as noted above.
(b) there are no cumulative impacts,
FACTS IN SUPPORT: The project site is located in an existing building space in an existing operating shopping center and replaces a previous retail use, as noted above. (c) there are no significant effects due to unusual circumstances, FACTS IN SUPPORT: The project site is located in a tenant space in an existing operating shopping center and replaces a previous retail use, as noted above. (d) the project is not located near a scenic highway,
FACTS IN SUPPORT: There are no designated scenic highways in the City of Vallejo or otherwise near the project site.
(e) the project site is not located on a hazardous waste site pursuant to Government Code Section 65962.5,
Resolution for V-Town Fanns
DocuSign Envelope ID: 49C538EF-4398-4COF-A2A4-CBAB49E78871 FACTS IN SUPPORT: Planning Division staff checked the list of sites prepared pursuant to Government Code Section 65962. 5 and verified that the project site is not located thereon. (f) the project would not affect any historical resource. Therefore, no further environmental review is required.

FACTS IN SUPPORT: There are no historical resources located on the project site. The project site is located within and existing shopping center.

11. FINDINGS RELEVANT TO THE DENIAL OF THE APPEAL
A. Appellant Claim: The proposed retail cannabis dispensary is too large and will invite crime.

According to the [Planning Commission] Staff Report, the proposed retail sales "will occupy 17,056 square feet of the floor area." Most licensed retail dispensaries in the State of California occupy no more than 2,000-5,000 SF. A "weed super store" in the City of Vallejo will attract unwanted crime. *REASON FOR APPEAL: The Applicant failed to conduct a "public Safety Impact Study" regarding the potential adverse effects of a "weed super store" at this location which could harm surrounding businesses and local residents.

Additionally, the Vallejo Police Department did not participate in the Planning Commission hearing and has been mute on this issue to date.

Staff Response:

All retail cannabis businesses in Vallejo are required to maintain a confidential written security plan regardless of the size and intensity of the operation. The Vallejo Police Department reviewed the Use Permit application and written security plan for V-Town Farms, and did not raise any concerns. The retail cannabis business will employ uniformed security guard(s), as proposed and required, and utilize surveillance technology, as part of its operation. Meadows Plaza has been largely vacant since losing Walmart in 2007 and Food 4 Less in 2016. The introduction of an active retail cannabis business with both uniformed security and security cameras can improve security in the shopping center with the additional surveillance serving as a potential deterrent. No substantial evidence has been submitted that shows a tie between the square footage of a retail cannabis operation and the amount or nature of crime associated therewith. The stated subjective fears do not rise to the level of substantial evidence.

Accordingly, the City Council finds that Appellant's claim ·~"is without merit.

B. Appellant Claim: The proposed location does not reflect the spirit and intent of the City's General Plan.

The City's General Plan 2040 does not support "cannabis use" and/or its related business at the proposed location at 5184 Sonoma Blvd., Suite 300. The D-NG zoning designation does not support a 17,000 SF "weed super store." Resolution for V-Town Farms
DocuSign Envelope ID: 49C538EF-439B-4COF-A2A4-CBAB49E78B71 Staff Response: V-Town Farms is consistent with the General Plan 2040 designation of District - North Gateway (D-NG). General Plan 2040 describes the D-NG designation as follows:

The D-NG designation applies to the northern portion of the area north of SR 37 between Sonoma Boulevard and Broadway Street, a highly-visible area that seNes as a gateway to Napa Valley from SR 37 (heading north) and to Vallejo from American Canyon (heading south). It is intended to foster an integrated, pedestrian-oriented place with a mix of uses, such as retail, dining, entertainment, and lodging, that cater to both motorists passing through and surrounding neighborhoods. It also incorporates higher-density residential development that supports nearby seNices and activates the area. The maximum permitted FAR in the D-NG designation is 2.0, with a minimum residential density of 30 dwelling units per acre up to 50 dwelling units per acre.

A retail cannabis business in the North Gateway District is allowable pursuant to General Plan 2040. This use contributes to the diversity of uses that are envisioned for the North Gateway District. Retail cannabis sales is also a use that will seNe both local residents and motorists passing through Vallejo. V-Town Farms would be particularly well-suited to attract both local residents and motorists with its high visibility from Sonoma Boulevard (Highway 29) and Broadway. An analysis of the project's consistency with General Plan 2040's Guiding Principles and Policies is contained in the Planning Staff report from March 15, 2021, which is attached hereto as Attachment 2 and incorporated herein by reference.

The project site is identified as Planned Development Commercial (PDC) District on the City's existing zoning map. The planned development for the project site permits retail uses but does not specifically mention cannabis use since at the time of the adoption of the planned development for Meadows Plaza, cannabis was not a legally permitted use.

On August 29, 2017, the City Council established the Interim Zoning Policy (IZP) to facilitate development and guide zoning interpretations from the adoption of General Plan 2040 to the adoption of the new zoning code. Under the IZP, each General Plan 2040 land use designation correlates to the City's existing zoning districts and specific plans for the purposes of applying land use and development standards to a proposal. The project site's General Plan 2040 designation of District- North Gateway (D-NG) correlates to the following zoning districts under the IZP: Pedestrian Shopping and SeNice (GP) District and High Density Residential (HOR) District.

The GP District is the "best fit" zoning designation authorized under the IZP because the project site is located within a commercial shopping center that can accommodate a variety of uses, including a retail cannabis business. In addition, the proposed zoning of the project site in the new zoning code is Central Corridor Commercial (CC) District, which would also allow retail cannabis sales with a Minor Use Permit.

Under the IZP, in situations where the proposed use is permitted by General Plan 2040, but not clearly addressed in the existing zoning designation, the applicant may apply for a Major Use Permit to allow the use. Thus Staff required a Major Use Permit application for this project.

The process of a Major Use Permit in the present case is the strictest applicable process under the IZP. The Major Use Permit may be granted under the IZP provided the use is Resolution for V-Town Fanns
OocuSign Envelope ID: 49C538EF-4398-4COF-A2A4-CBAB49E78871 consistent with General Plan 2040 and subject to the following findings under Section 6 of the IZP:

1. The proposal is appropriate in consideration of the characteristics of the surrounding area.

2. The proposal is consistent with the intent and desired character of the relevant land use designations(s) of General Plan 2040 and any associated General Plan policies.

3. The proposal will clearly promote implementation of General Plan 2040.

4. The proposal conforms to the zoning ordinance requirements of the applicable or "best fit" zoning district.

The project is a retail use proposed to occupy a portion of an existing building that was used as a retail use. The improvements to the site and building fayade and the conditions under which the store will operate, including security, air filters and hours of operation are appropriate for a retail use in an existing shopping center.

The proposal is for a retail use, which is consistent with the intent and land use designation of D-NG, and as such will promote the implementation of General Plan 2040.

The proposal conforms to the IZP "best fit" zoning of GP. In addition, the project site is proposed to be zoned CC District under the new zoning code. Retail cannabis sales uses will be permitted in the CC District with the issuance of a Minor Use Permit. City staff has applied the most restrictive zoning and required the applicant to obtain a Major Use Permit in the present case.

Accordingly, the City Council finds that the proposed project is consistent with the General Plan 2040 designation of District - North Gateway (D-NG).

General Plan 2040 Guiding Principles
• Guiding Principle 13. Good Jobs, Education & Training. Vallejo provides people with good jobs and its young people with job training and the education they need to succeed. Vallejo embraces innovations in education, and the City's excellent educational institutions and trade schools play a prominent role in its economic vitality and community life.
• Guiding Principle 14. Innovation, Entrepreneurship & Successful Local Businesses.

Vallejo welcomes innovative businesses and fosters entrepreneurship. It is a community that capitalizes on new technologies, community assets, and local knowledge - while helping local businesses to succeed.
• Guiding Principle 15. Economic Development Aligned with Natural Environment.

Vallejo values economic development and aligns well-designed projects with the protection and enhancement of environmental resources. It is a community where sustainable development is efficiently processed and provides broad benefits that serve community needs and enhance the quality of life.
• Guiding Principle 16. Stable, Strong & Diverse Economy. Vallejo is characterized by fiscal stability; a strong, diverse economy, including health care, education, and manufacturing; and efficient use of its lands and waterways. Vallejo's unique setting, community character, and favorable weather are major resources for economic expansion, including tourism and entertainment.

Resolution for V-Town Fanns
DocuSign Envelope ID: 49C538EF-439B-4COF-A2A4-CBAB49E78B71 The project brings good jobs to Vallejo with an innovative business that results in the adaptive reuse of a vacant building and site. Specifically, these are jobs that will provide training and experience in an industry that is expanding throughout California. The project balances economic development with the natural environment in that it will result in the reuse of a vacant building on an infill site, and not disturb natural resources. Lastly, the project contributes to the diverse economy of Vallejo, while also drawing customers from both inside and outside of Vallejo. Accordingly, the City Council finds that the proposed project is consistent with General Plan 2040 Guiding Principles 13, 14, 15, and 16.

General Plan 2040 Policies
• Policy NBE-2.8 Infill Development. Promote infill development and target vacant and underutilized sites for community-desired and enhancing uses that are compatible with surrounding uses.

The project site is a vacant building space in a commercial shopping center that has largely sat vacant for several years. Reuse of this underutilized building with a retail use that serves both local and regional customers and provides good jobs will enhance the economy of the area and Vallejo. The cannabis business will be subject to a collection of specific requirements, including the addition of new windows, to ensure it does not create any potential adverse impacts. Accordingly, the City Council finds that the proposed project is consistent with General Plan 2040 Policy NBE-2.8.
• Policy NBE-3.8 North Gateway. Accelerate Investment in the North Gateway area to achieve a mixed-use district that caters to both locals and regional travelers to Napa Valley.

Establishment of an active retail cannabis business at 5184 Sonoma Boulevard will help accelerate investment in the North Gateway, particularly Meadows Plaza, which has been largely vacant for years. The retail cannabis business can help draw customers from within and outside of Vallejo to Meadows Plaza for which existing businesses may benefit.

Furthermore, new businesses may be encouraged to fill the vacant tenant spaces.

Accordingly, the City Council finds that the proposed project is consistent with General Plan 2040 Policy NBE-3. 8.
• Policy NBE-3.14 Neighborhood Corridors. Connect the community with mixed-use corridors that function as neighborhood main streets for adjacent residential areas.

The establishment of a retail cannabis business contributes to the mix of uses along the Sonoma Boulevard corridor between Highway 29 and Mini Drive. Accordingly, the City Council finds that the proposed project is consistent with General Plan 2040 Policy NBE-3.14. • Policy NBE-5.13 Noise Control. Ensure that noise does not affect quality of life in the community.

All of the activities of the retail cannabis business, including the cannabis manufacturing and cannabis distribution accessory uses, will occur indoors and away from sensitive uses, such as residences. Furthermore, the retail cannabis business will be subject to noise-reduction requirements, as operational conditions. Accordingly, the City Council finds that the proposed project is consistent with General Plan 2040 Policy NBE-5. 13.

Resolution for V-Town Farms
DocuSign Envelope ID: 49C538EF-439B-4COF-A2A4-CBAB49E78B71 • Policy EET-2.1 Economic Diversification. Attract employment and tax generating businesses that support the economic diversity of the City.

The retail cannabis business contributes to the vibrancy of the Sonoma Boulevard and Broadway corridors because it provides both employment and retail opportunities. The cannabis business is an economically vibrant use that can also draw customers into the area to the potential economic benefit of nearby businesses. Accordingly, the City Council finds that the proposed project is consistent with General Plan 2040 Policy EET-2. 1. • Policy EET-3.4 Commercial and Neighborhood Corridors. Enhance commercial corridors to create a vibrant mix of places to live, work, shop, and play.

The operation of the cannabis business contributes to the vibrancy of the Sonoma Boulevard and Broadway corridors because it provides both employment and retail opportunities. The cannabis business is an economically vibrant use that can also draw customers into the area to the potential economic benefit of nearby businesses. Accordingly, the City Council finds that the proposed project is consistent with General Plan 2040 Policy EET-3.4.

Accordingly, for all of the reasons stated above, the City Council finds that Appellant's claim "B" is without merit.

C. Appellant Claim: The proposed retail cannabis dispensary is located dangerously close to schools.

Most cities in California require a 1,000 SF "buffer" between retail cannabis stores and K-12 schools in the community. While the City's buffer requires a 600-foot setback from schools, we are greatly concerned about the proposed new dispensary and its close proximity to Dan Mini Elementary School (approximately 900 ft. buffer) and Griffin Academy Middle and High School (approximately 800 ft. buffer).

The Applicant failed to notify its neighbors and the greater Vallejo community of their intention to open a "weed super store" at the proposed location. The Applicant did not hold any Community Outreach Event nor did the Applicant conduct any substantial outreach with its surrounding businesses and local residents, which is a requirement of a Major Use Permit Application in the City of Vallejo.

Staff Response : Both the Vallejo Municipal Code and California Bureau of Cannabis Control prohibit cannabis businesses from operating within 600 feet of K-12 schools, daycares, or youth centers. The proposed retail cannabis business is consistent with this requirement. Furthermore, the appellant fails to provide a basis for claiming that the retail cannabis business is "dangerously close" to area schools. Both Dan Mini Elementary School and Griffin Academy Middle School and High School are separated from the project site by Sonoma Boulevard (Highway 29) and Broadway/railroad respectively, and are located in residential neighborhoods greater than 800 feet from the proposed project site. The appellant fails to identify any negative impacts that V-Town Farms would have on either of the schools, especially in light of these physical separations. Further, the appeal seems to be raising questions as to whether the City's separation requirements set forth in the ordinance are appropriate. However, the issue of the appropriate separation standards was decided at the time of ordinance adoption. The proposed use Resolution for V-Town Farms
DocuSign Envelope ID: 49C538EF-439B-4COF-A2A4-CBAB49E78871 more than meets the separation requirements of the existing ordinance. It would be fundamentally unfair to apply a greater separation requirement to the proposed use than set forth in the ordinance and applied to all other cannabis operators, including appellant.

The Planning Division provided notice of the public hearing for the Use Permit to all property owners and neighborhood groups within 500 feet, the applicant, the Planning Commission, and in the Times Herald newspaper at least 10 business days before the public hearing in accordance with VMC Section 16.82.030.C. The appellant's claim that a community outreach event is a requirement for a Use Permit is incorrect. While a project applicant is welcome to conduct community outreach on behalf of a project; it is not a requirement of the Vallejo Municipal Code nor is it a requirement of the Use Permit application process.

Accordingly, the City Council finds that Appellant's claim "C" is without merit.

D. Appellant Claim: V-Town Farms will harm CCC and will close down other local dispensaries.

The City of Vallejo and the Planning Commission failed to conduct any meaningful and transparent "Economic Impact Report" highlighting the negative and adverse effects of a 17,000 SF 'weed super store' and Its economic Impact on the City's "Permitted Operators," or the eleven (11) original retail cannabis dispensaries in operation since 2015.

Staff Response: The appellant's claim that V-Town Farms will put existing cannabis businesses in Vallejo out of business is at best speculative. The Vallejo Municipal Code does not require any cannabis business to conduct an "economic impact study" prior to operation. V-Town Farms will replace HTP Group, and thus maintain the total number of permitted cannabis businesses at 11. To require an "economic impact study" to be conducted because V-Town Farms is a perceived "weed super store" would be arbitrary and unreasonable.

Accordingly, the City Council finds that Appellant's claim "D" is without merit.

E. Appellant Claim: The Appellant believes that V-Town Farms is not categorically exempt from CEQA.

According the Staff Report provided the Planning Commission on March 15, 2021, the Report states: "The proposed project is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301 (Class 1 "Existing Facilities") in that It involves the reuse of an existing building space for retail cannabis sales with minor building and site alterations. Therefore, no further environmental review is required."
In recognition of the City's General Plan 2040 and the new zoning of the North Gateway District (D-NG), the Appellant strongly believes that this project qualifies for Environmental Review and Staff must make findings on the project's environmental impact. Further, considering the massive size and impeding nature of the proposed project, the Appellant believes the following items support a CEQA Study: (1) The project will have a significant impact on the environment and (2) Significant effects have not been substantially mitigated.

Resolution for V-Town Farms
DocuSign Envelope ID: 49C538EF-439B-4COF-A2A4 -CBAB49E78B71 Staff Response: The proposed project for V-Town Farms is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15301 ("Existing Facilities'J. V-Town Farms will occupy a 19,035 square foot portion of an existing 49,871 square foot building space that was formerly occupied by Food 4 Less.

The project site had been the location of an existing retail establishment for approximately 25 years. The project is not proposing expansion of this existing building space but rather involves only reoccupation of the space, interior and exterior alterations involving such things as interior partition walls, plumbing and electrical, painting and installation of windows consistent with the examples set forth in Guidelines Section 15301 (a).

None of the exceptions under CEQA Guidelines Section 15300.2 that preclude a project from a CEQA exemption apply. The project site is not located in an environmentally sensitive area in that it is an existing building space in a shopping center; the project replaces a previous retail use at the project site and does not create any cumulative impacts; there are no significant effects due to unusual circumstances; there are no designated scenic highways in the City of Vallejo; the project site is not listed on any lists prepared pursuant to Government Code Section 65962. 5; and no historical resources are present nor impacted by the project. There are no significant environmental impacts to mitigate so requiring further environmental review, as suggested by the appellant is unnecessary .

Accordingly, the City Council finds that Appellant's claim "E" is without merit. 111. FINDINGS RELEVANT TO THE APPROVAL OF THE MAJOR USE PERMIT (VMC Section 16.82.050)
The City Council hereby finds that:

A The location, size, design and operating characteristics of the proposed conditional use will be compatible with adjacent uses, building or structures, with consideration given to harmony in scale, bulk, coverage, and density; to the availability of civic facilities and utilities, to the harmful effect, If any, upon desirable neighborhood character; to the generation of traffic and the capacity and physical character of surrounding streets; and to any other relevant impact of the proposed use.

FACTS IN SUPPORT: The project site is a vacant building space formerly home to Food 4 Less and is characterized by high visibility from Sonoma Boulevard (Highway 29) and a collection of buildings and site improvements that comprise Meadows Plaza. The retail cannabis business is compatible with uses typical of a shopping center, such as commercial shops, services, offices, and restaurants. Because the project involves the reuse of an existing building space, it is consistent with the desired scale, bulk, coverage, and density in the area. The City envisions a mix of uses in the North Gateway, including those that can attract both local residents and motorists passing through Vallejo to and from Napa County. An active retail cannabis establishment is well-suited to draw customers to Meadows Plaza both from within Vallejo and outside communities. The City's Technical Project Review Committee review of the use did not result in any concerns with respect to utilities, traffic and parking, or crime. The Vallejo Police Department also reviewed the project and did not identify any concerns. Furthermore, the cannabis business does not operate within a 600-foot radius of any potentially Resolution for V-Town Farms
DocuSign Envelope ID: 49C538EF-439B-4COF-A2A4-CBAB49E78B71 sensitive land uses, such as daycares, schools with grades kindergarten through 12, and youth centers. The cannabis business will be subject to Vallejo Municipal Code and State requirements, and Use Permit conditions to ensure that the operation does not result in an adverse effect on the surrounding area.

B. That the impacts, as described in subsection A of this section, and the location of the proposed conditional use are consistent with the city general plan.

Refer to Exhibit B of this resolution, incorporated herein by this reference, for the analysis and findings of the project's consistency with General Plan 2040.

IV. FINDINGS RELEVANT TO GENERAL PLAN 2040 CONSISTENCY (Interim Zoning Policy Section 6)
The City Council hereby finds that:

1. The proposal is appropriate in consideration of the characteristics of the surrounding area.

FACTS IN SUPPORT: The surrounding area is characterized by a variety of commercial, industrial, and residential uses, Broadway, Sonoma Boulevard (Highway 29), and close proximity to the Vallejo and American Canyon border. The cannabis business is a retail use that is compatible with the existing and anticipated land uses for the surrounding area.

2. The proposal is consistent with the intent and desired character of the relevant land use designations(s) of General Plan 2040 and any associated General Plan policies.

Refer to Exhibit B of this resolution for the analysis and findings of the project's consistency with General Plan 2040 and associated policies.

3. The proposal will clearly promote implementation of General Plan 2040.

Refer to Exhibit B of this resolution for the analysis and findings of the project's consistency with, and therefore implementation of, General Plan 2040.

4. The proposal conforms to the zoning ordinance requirements of the applicable or "best fit" zoning district.

FACTS IN SUPPORT: The "best fit" zoning district applicable to the proposal is the Pedestrian Shopping and Service District, which conditionally permits retail cannabis sales, with cannabis manufacturing and cannabis distribution permitted as accessory uses. The existing zoning is the Commercial Planned District 89-09, which permits retail sales and associated uses. The proposed Zoning Code designates the project site as Central Commercial Corridor (CC). Retail sales of cannabis with accessory manufacturing and distribution is permitted in the CC District with a Minor Use Permit.

V. FINDINGS RELEVANT TO THE APPROVAL OF THE MINOR USE PERMIT FOR RETAIL CANNABIS SALES USES (VMC Section 16.82.050.V)
Resolution for V-Town Fanns
DocuSign Envelope ID: 49C538EF-439B-4COF-A2A4-CBAB49E78B71 The City Council hereby finds that:

1. Regulatory Permits. Retail sales of cannabis uses must obtain and maintain all required state and local permits and licenses including the local regulatory permit to operate required under Chapter 7.200 of this code. Revocation of the state cannabis license or the local regulatory permit to operate under Chapter

7.200 of this code shall be grounds for revocation of the minor use permit for the retail sales of cannabis use. Valid and applicable state and local licenses and permits shall be publicly displayed at all times during hours of operation.

Operations and location requirements must at all times comply with applicable regulations contained in Title 16 of the California Code of Regulations as those may be updated from time to time by the California Bureau of Cannabis Control.

FACTS IN SUPPORT: The applicant is required to obtain all regulatory permits under Vallejo Municipal Code Chapter 7. 200 and to maintain all City and State of California permits and licenses , as set forth in condition of approval 1.

2. Locational Limitation.
a. Any retail sales of cannabis use may not be located within a six hundred foot radius of a school providing instruction in kindergarten or any grades one through twelve, day care center, or youth center as defined in Health and Safety Code Section 11353.1. The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of the school or center to the closest property line of the lot on which the permittee is to be located without regard to intervening structures.

FACTS IN SUPPORT: The project site is consistent with this requirement in that there is no school providing instruction in kindergarten or any grades one through twelve, day care center, or youth center as defined in Health and Safety Code Section 11353. 1, within a 600 ft. radius of the lot on which the use is proposed to be located, as measured per the above.
b. Any applicant for a use permit to conduct retail sales of cannabis, whether for 'adult use' or medicinal purposes, must conduct all retail sales at one site.

FACTS IN SUPPORT: The applicant intends to operate a retail cannabis business only at the project site, which use is consistent with this requirement. The applicant's HTP Group location will close prior to the commencement of operations at this location. This will be verified by Planning Division staff.

3. Development and Operational Standards. Retail sales of cannabis uses shall comply with site development standards specified in the applicable zoning district. Such uses shall also comply with the following standards:
a. General:

Resolution for V-Town Farms
DocuSign Envelope ID: 49C538EF-439B-4COF-A2A4-CBAB49E78B71 i. No person under age eighteen (for medical retail sales of cannabis) or twenty-one (for recreational retail sales of cannabis) shall be allowed on the property.
ii. No transactions outside, or partially outside of an enclosed building are permitted. No transactions which are performed through walk-up or drive-through service are allowed.
iii. The property shall not include patio or cafe seating, unless used exclusively for employees in an area not accessible to the general public.
iv. No use, inhalation, smoking, eating, ingestion, or other consumption of cannabis In any form shall be allowed on the property, including the parking areas of the property.
v. No alcohol shall be consumed, made available, sold, offered for sale, given, distributed, traded, or otherwise provided to customers, employees, guests, visitors, or volunteers.
vi. No retail sales of cannabis shall occur, in any form, to anyone between the hours of eight p.m. and nine a.m., except delivery. vii. The property complies with all applicable California State Building Code provisions, the city's property maintenance ordinance and is maintained free of debris, litter and trash.
viii. All transactions, Including but not limited to cash or in-kind contributions, reimbursement or compensation, shall be fully documented.

Ix. The owner will have a written security plan including procedures for verifying identification and age of purchasers. The plan must include a description of licensed and uniformed security guards who must be present on site during hours of operation, Including their number, location and hours, as well as a theft prevention plan including locked exterior doors and windows during the times the business is closed.

The licensed and uniformed security guard best practices shall comply with state law.
x. The point of sale software used to track retail sales must be acceptable to the finance director.
xi. Retail sellers of cannabis may only use one name to identify themselves in the minor use permit, the local regulatory permit, the state license and any other state or local permit that may be required.

FACTS IN SUPPORT: Project conditions of approval ensure compliance with these standards. All of the above standards are contained in the Conditions of Approval 15-31 and the information submitted by the applicant, including the security plan.

Resolution for V-Town Farms
DocuSign Envelope ID: 49C538EF-439B-4COF-A2A4-CBAB49E78B71 b. Limitations on retail area in industrial zones. In the Intensive Use-Limited (IU-L), Intensive Use (IU), and Planned Development Industrial (POI) Districts, no more than fifty percent of the floor area shall be devoted to retail sales.

FACTS IN SUPPORT: The project site is not located in an industrial zoning district.

Therefore, this requirement does not apply.
c. Lighting:
i. Exterior perimeter lighting shall be in place prior to operation; ii. Exterior lighting shall be code compliant LED fixtures or high efficiency luminaries, and shall have an illumination intensity of between one and four foot candles;
iii. Lights shall be directed and shielded so as not to illuminate adjoining properties;
iv. Lights shall include housing to protect against breakage; v. Broken or burnt out lights shall be replaced within forty-eight hours; vi. Transitional lighting shall be incorporated in exterior areas providing access to and from buildings or uses within a site; and vii. Trees and shrubs shall not interfere with the distribution of lighting as required by this section.

FACTS IN SUPPORT: Project plans are compliant with these standards. In addition, continued adherence to these standards are also included as condition of approval 32. d. Signs:
i. A sign shall be posted on the door or in view of the entrance stating that no person under the age of eighteen (for medical retail sales of cannabis) or twenty-one (for recreational Retail sales of cannabis) is allowed on site.
ii. A sign shall be posted stating that the use or consumption of cannabis or cannabis products on or near the premises is prohibited. iii. A sign shall be posted stating loitering on or near the premises is prohibited.
iv. A sign shall be posted outside the facility in full public view containing city contact information for both emergency situations and information regarding public concern about operations.
v. Other requirements as prescribed in Chapter 16.64.

Resolution for V-Town Fanns
DocuSign Envelope ID: 49C538EF-439B-4COF-A2A4-CBAB49E78B71 FACTS IN SUPPORT: Project condition of approval 8 and 33 require compliance with these standards. Staff will also inspect the project site prior to the opening of the dispensary to ensure this is the case. In addition, unannounced inspections are required on a regular basis.
e. Windows: In order to promote a strong pedestrian connection for retail safety, visibility, crime prevention through environmental design and a positive active environment, support natural lighting, and enhance curb appeal and value of retail space:
i. No display of cannabis or cannabis product shall be permitted within ten feet of the window.
ii. Storefronts must maintain transparent windows that allow visibility into the store, with a minimum of sixty percent transparency on the street frontage at the ground level and allow visibility into the building at a minimum of four feet above the ground.

FACTS IN SUPPORT: Project plans and condition of approval 34 ensure compliance with these standards. The plans show the existing windows meet the above standards. In addition, Staff will inspect the project site prior to opening of store to ensure that the windows are transparent and the cannabis product is placed appropriately. In addition, unannounced inspections are required on a regular basis to ensure continued compliance. f. Screening and landscaping:

I. Shrubs located next to pedestrian walkways and other vulnerable areas as determined by the planning manager or his or her designee shall not exceed three feet in height at maturity.
ii. Trees shall be pruned up to six feet above ground.
iii. Trees and shrubs shall be pruned back from windows, doors and walkways.
iv. Decorative stone, brick, and other masonry material shall be grouted to prevent removal by hand.
v. Entrances to the site and parking lots shall be defined with landscaping or entry features.
vi. Outdoor waste and recycle bins shall be contained within a locked structure to prevent unauthorized entry.
vii. Other requirements as prescribed in Chapter 16.70.

FACTS IN SUPPORT: Project plans show shrubs, stone and parking lot comply with the above standards, and City staff will inspect the project site prior to opening of store to ensure that all standards are in place. Condition of approval 35 further ensures compliance with these requirements. In addition, unannounced inspections are required on a regular basis to ensure continued compliance.

Resolution for V-Town Farms
DocuSign Envelope ID: 49C538EF-439B-4COF-A2A4-CBAB49E78B71 g. Noise:
i. The use of generators is prohibited, except as short-term temporary emergency back-up systems; and
ii. Other requirements as prescribed in Section 16.72.030 shall apply.

FACTS IN SUPPORT: Generators are not proposed nor allowed, except as a short-term temporary emergency back-up. Project condition of approval 36 ensures that all requirements in VMC Section 16. 72.030 will be met.
h. Odor control: A sufficient odor-absorbing ventilation and exhaust system shall be Installed and operated to ensure that odor generated by the use is not detected outside the property, anywhere on adjacent properties or public rights-of-way, or within any other separate use or unit located within the same building as the retail sales of cannabis use.

FACTS IN SUPPORT: Project condition of approval 37 ensures compliance with this requirement.
i. Maintenance:

1. Property shall be maintained free of debris, litter and trash; and

2. The use shall comply with Chapter 7.54, Property Maintenance.

FACTS IN SUPPORT: Project condition of approval 38 ensures compliance with this requirement.
j. Other performance standards: The use shall comply with all requirements prescribed in Chapter 16.72.

FACTS IN SUPPORT: Project conditions of approval 39-46 ensure compliance with this requirement.

VI. FINDINGS RELEVANT TO THE APPROVAL OF THE MINOR USE PERMIT FOR

CANNABIS MANUFACTURING AND CANNABIS DISTRIBUTION ACCESSORY USES (VMC Section 16.58.040.H)
The City Council hereby finds that:

1. Cannabis manufacturing may be permitted as an accessory use subject to the following restrictions:
a. The extraction process shall consist of separating cannabinoids from cannabis plant material solely by press or non-volatile solvent between the temperatures of sixty and two hundred degrees Fahrenheit.
b. The extraction shall take place in an area not to exceed one hundred square feet located within or attached and internally connected to the principal structure.

Resolution for V-Town Farms
DocuSign Envelope ID: 49C538EF-439B-4COF-A2A4-CBAB49E78B71 c. The infusion process shall consist of the direct incorporation of cannabis, cannabinoids, or cannabis concentrates into an edible, topical or other product to produce a cannabis product.
d. The cannabis manufacturing shall not exceed ten percent of the total floor area of the principal use or five hundred square feet, whichever is less. e. The manufacturing space is only accessible to employees and shall not be visible to the general public.

FACTS IN SUPPORT: Project plans and conditions of approval ensure compliance with these standards.

2. Cannabis distribution may be permitted as an accessory use subject .10 the following restrictions:
a. The area utilized for cannabis distribution shall not exceed thirty percent of the total floor area of the principal use or one thousand and five hundred square feet, whichever is lesser.
b. The distribution storage area shall be fully enclosed within or attached and internally connected to the principal structure.
c. The distribution storage area shall only be accessible to employees and shall not be visible to the general public.

FACTS IN SUPPORT: Project conditions of approval ensure compliance with these standards.

NOW, THEREFORE, BE IT RESOLVED; that based on the findings above, the evidence and testimony, both written and oral, presented at the City Council hearing and the Record as a whole, the City Council hereby DENIES the appeal, UPHOLDS the Planning Commission's approval of the Major Use Permit for the Project, and APPROVES Major Use Permit# 20-0008, subject to the Conditions of Approval attached hereto as Exhibit A, and in accordance with the plans attached hereto as Exhibit B.

Resolution for V-Town Farms
DocuSign Envelope ID: 49C538EF-439B-4COF-A2A4-CBAB49E78B71 Adopted by the City Council of the City of Vallejo at a special meeting held on June 7, 2021 with the following vote:

AYES: Vice Mayor Verder-Aliga, Councilmembers Dew, Diaz, and Miessner NOES: Mayor McConnell and Councilmember Arriola
ABSENT: None
ABSTAIN DUE TO CONFLICT OF INTEREST: Councilmember Brown ~fr.MCCONNELL, MAYOR
ATTEST:
(1::"~~Y' a~r~S6~
DA@tt1&RAHAMSON, CITY CLERK
Resolution for V-Town Fanns
DocuSign Envelope ID: 49C538EF-439B-4COF-A2A4-CBAB49E78B71

EXHIBIT A

CONDITIONS OF APPROVAL

V-TOWN FARMS
MAJOR USE PERMIT (UP) #20-0008
5184 SONOMA BOULEVARD: SUITE 300
APN # 0067-150-300
PERMIT DESCRIPTION: Establishment of retail cannabis sales for V-Town Farms with cannabis manufacturing and cannabis distribution, as accessory uses. V-Town Farms will occupy a 19,035 square foot portion of the existing 49,871 square foot building space that was formerly home to Food 4 Less in Meadows Plaza, and will require minor building and site alterations. Cannabis retail sales will occupy 17,056 square feet of the floor area. Cannabis manufacturing will occupy 494 square feet of the floor area and involve non-volatile processes to manufacture infused pre rolls, cannabis beverages, and flower. Cannabis distribution will occupy 1.485 square feet of the floor area and will involve the packaging and shipment of cannabis products, including those manufactured on the premises. Cannabis cultivation is not proposed as part of the business operation. The remaining vacant 30,836 square feet of the floor area will not be part of the cannabis business operation The permitted hours of operation will be 9:00 A.M. to 8:00 P.M., or as allowed by the Vallejo Municipal Code, seven days a week.

A. PLANNING DIVISION
Jonathan Atkinson I jonathan.atkinson@cityofvallejo .net I (707) 648-4346 Special Conditions

1. The business owner shall not commence operation of any cannabis activities at 5184 Sonoma Boulevard: Suite 300 until the following occurs:
a. City of Vallejo approval of a local regulatory permit transfer with HTP Group . b. City of Vallejo issuance of a certificate of occupancy for V-Town Farms at 5184 Sonoma Boulevard: Suite 300.
c. State of California approval and issuance of all required licenses . d. HTP Group, Inc. has permanently closed its location at 4345 Sonoma Boulevard: Suite D-4 and has been inspected by City of Vallejo Planning Division staff.

2. Cannabis cultivation is not approved and shall not occur anywhere on the premises and/or within Vallejo City limits without City of Vallejo and State of California approvals.

3. The remaining portion of the building at 5184 Sonoma Boulevard: Suite 300 shall not contain any cannabis uses or activities nor be internally accessible to the cannabis business . Any proposed expansion of the cannabis business shall require written approval from both the City of Vallejo and State of California.

4. The premises shall be graffiti free. See Condition 43 for additional property maintenance requirements.

DocuSign Envelope ID: 49C538EF-439B-4COF-A2A4 -CBAB49E78B71

5. The existing chain-link fencing along the northern parcel boundary shall be replaced with new fencing to the satisfaction of the Planning Division.

6. All of the existing chain-link fencing with razor wire visible from Broadway shall be replaced with decorative metal fencing to the satisfaction of the Planning Division prior to operation.

7. All outdoor trash receptacles stored outside shall be secured in a trash enclosure designed to City of Vallejo standards. See Condition 40 for cannabis waste requirements.

8. Signs shall be consistent with the master sign program for Meadows Plaza and the City's Sign Ordinance. The abandoned monument sign structure north of the driveway on Broadway shall be removed. See Condition 38 for additional sign requirements.

9. Street trees shall be installed and maintained at a ratio of one per 50 feet of street frontage along Sonoma Boulevard and Broadway for the project site. No trees shall be removed without written authorization from the City of Vallejo Planning Division. Any trees removed from the subject property shall be replaced to the satisfaction of the Planning Division.

See Condition 35 for additional landscaping requirements.

10. Community Outreach and Reporting Plan (CORP). Applicant shall, on a quarterly basis, engage in community outreach with residents and businesses located within a one-half mile radius of 5184 Sonoma Boulevard to address any issues and concerns arising from/regarding Applicant's cannabis business.
a. The first community outreach meeting shall be held within the first 90 days of V T own Farms' opening and shall continue on a quarterly basis until such time as Council determines this condition can be lifted.
b. The community outreach meetings shall be organized and conducted by a facilitator chosen by the City and paid for by the Applicant. c. In addition to organizing, guiding, and otherwise facilitating the community meetings, the facilitator shall be responsible for documenting any issues raised by the community and the Applicant's response/resolution relating to the issues raised.
d. Within ten days of conclusion of each quarterly meeting, the facilitator shall prepare and file a written report of the meeting with the City of Vallejo Planning Division.

11. Applicant shall post a toll-free phone number near the front door of the premises to receive complaints from the neighborhood . Said number shall be staffed by a live person who shall document the complaints by means of a phone log. Applicant shall provide the phone log to the CORP facilitator prior to each community meeting.

12. As offered by the Applicant, the Applicant shall make a good faith effort to employ up to 50% Vallejo residents, defined as persons living within Vallejo city limits.

13. Prior to opening, Applicant shall have installed an air filtration system that renders cannabis odors undetectable from the premises, other units in the same building as the cannabis business, adjacent tenant spaces, and public rights-of-way. (See Condition 43 for additional odor-control requirements).
2 DocuSign Envelope ID: 49C538EF-439B-4COF-A2A4-CBAB49E78B71

14. As offered by the Applicant, Applicant shall donate a minimum of $600,000 annually to local non-profit agencies or schools of its choosing for the benefit of Vallejo residents, primarily those residing in District 2. Said donation shall be adjusted annually for inflation in accordance with the Consumer Price Index for All Urban Consumers (CPl-U), San Francisco-Oakland-Hayward, CA.

15. One year after commencement of operations, Planning Division staff shall prepare and submit a status report to the City Council, at a City Council meeting describing: (1) Applicant's community outreach efforts as reported by the facilitator; (2) the percentage of Vallejo residents employed by the cannabis business; and (3) how the community benefit funds were expended. At said City Council meeting, the City Council shall determine whether the CORP shall be continued for an additional 12-month period or whether the requirement for the CORP may be eliminated.

General Requirements

16. The Planning & Development Services Director is hereby authorized to modify these conditions for minor adjustments to respond to unforeseen field constraints provided that the goals of these conditions can be safely achieved in some other manner. The applicant must submit a written request to the Planning Division demonstrating that the condition(s) is infeasible due to specific constraints (e.g. lack of property rights) and shall include a proposed alternative measure or option to meet the goal or purpose of the condition. The Planning Division shall consult with affected City departments and agencies and may require an application for modification of the approved permit. Changes to conditions that may be authorized by the Planning and Development Services Director are limited to those items that are not adopted standards or were not adopted as mitigation measures or that were not at issue during the public review process. Any modification of the permit conditions shall be documented with an approval letter from the Planning Division, and shall not affect the original permit approval date or the term for expiration of the permit.

17. Within five working days after project approval, the applicanUoperator shall pay the Notice of Exemption filing fee (the latest fees in effect at the time of payment) for County Clerk processing, made payable to Solano County and submitted to the City of Vallejo Planning Division. If an in-person filing is required, such filing shall be completed by the applicant, unless directed otherwise by the Planning Division. NOTE: If the fees are not paid and the Notice of Exemption is not filed within five working days after approval of the project, it will extend time frames for California Environmental Quality Act (CEQA) legal challenges.

18. The business owner shall submit a numbered list to the Planning Division with a written response on how each Use Permit condition herein will be satisfied prior to issuance of building permits and/or the commencement of the use.

19. Applicant shall indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney's fees, applicant's fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Applicant's operations, or any subcontractor's operations, to be performed under this agreement for Applicant's or subcontractor's tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, 3 DocuSign Envelope ID: 49C538EF-439B-4COF-A2A4-CBAB49E78B71 sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Applicant, or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by the law, regardless to any limitation by insurance, with the exception of the sole negligence or willful misconduct of the City. No modification of the project, any application, permit, certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the Applicant's indemnity obligation.

Cannabis Permits and Licensing

20. Regulatory Permits. Prior to operation and maintained thereafter, the cannabis business shall obtain all required State and local permits and licenses, including the local regulatory permit to operate under Vallejo Municipal Code (VMC) Chapter 7.200. Revocation of the State cannabis license or the local regulatory permit to operate under VMC Chapter 7.200 shall be grounds for revocation of the Use Permit for the cannabis business.

Valid and applicable State and local licenses and permits shall be publicly displayed at all times during hours of operation, and provided to the City of Vallejo to be maintained on file. Operations and location requirements must at all times comply with applicable regulations contained in Title 16 of the California Code of Regulations, as those may be updated from time to time by the California Bureau of Cannabis Control.

Operational Requirements

21. Operation of the cannabis business shall be substantially in accord with the approved Use Permit application submittal and plans dated "February 3, 2021" and "February 8, 2021" except as modified by the conditions stated herein.

22. Operation of the cannabis business shall be in compliance with all applicable State and VMC requirements.

23. Cannabis Manufacturing. All cannabis manufacturing shall comply with the following regulations:
a. The extraction process shall consists of separating cannabinoids from cannabis plant material solely by press or non-volatile solvent between the temperatures of sixty and two hundred degrees Fahrenheit.
b. The extraction shall take place in an area not to exceed one hundred square feet located within or attached and internally connected to the principal structure. c. The infusion process shall consist of the direct incorporation of cannabis, cannabinoids, or cannabis concentrates into an edible, topical or other product to produce a cannabis product.
d. The cannabis manufacturing shall not exceed ten percent of the total floor area of the principal use or five hundred square feet, whichever is less. e. The manufacturing space is only accessible to employees and shall not be visible to the general public.
4 DocuSign Envelope ID: 49C538EF-439B-4COF-A2A4-CBAB49E78B71

24. Cannabis Distribution. All cannabis distribution activities shall comply with the following regulations:
a. The area utilized for cannabis distribution shall not exceed 30 percent of the total floor area of the retail sales of cannabis use or 1 ,500 square feet, whichever is less. b. The cannabis distribution storage area shall be fully enclosed within or attached and internally connected to the main building.
c. The distribution storage area shall only be accessible to employees and shall not be visible to the general public.

25. The business owner and all managers shall be subject to background search and shall not be able to continue operations, if there are any felony convictions, as specified in subdivision (c) of Section 667.5 of the California Penal Code and subdivision (c) of Section 1192. 7 of the California Penal Code. Any change in ownership shall require an amendment to the local regulatory permit and necessary background checks.

26. The business owner shall only conduct retail sales of cannabis at one location within Vallejo City limits.

27. No person under age 18 years (for medical retail sales of cannabis) or 21 years (for recreational retail sales of cannabis) shall be allowed on the property.

28. No transactions outside, or partially outside of an enclosed building are permitted. No transactions, which are performed through walk-up or drive-through service are allowed unless first authorized in writing by both the City of Vallejo and Bureau of Cannabis Control.

29. The property shall not include patio or cafe seating, unless used exclusively for employees in an area not accessible to the general public.

30. No use, inhalation, smoking, eating, ingestion, or other consumption of cannabis in any form shall be allowed on the property, including the parking areas of the property.

31. No alcohol shall be consumed, made available, sold, offered for sale, given, distributed, traded, or otherwise provided to customers, employees, guests, visitors, or volunteers.

32. No retail sales of cannabis shall occur, in any form, to anyone between the hours of 8 P.M. and 9 A.M., or as allowed by the Vallejo Municipal Code, except delivery. The business owner shall not increase the hours of operation unless authorized in writing by both authorized staff of the City of Vallejo and the California Bureau of Cannabis Control.

33. The property shall comply with all applicable California State Building Code provisions, the City's property maintenance ordinance, and be maintained free of debris, litter and trash.

34. All transactions, including but not limited to cash or in-kind contributions, reimbursement or compensation, shall be fully documented.
5 DocuSign Envelope ID: 49C538EF-439B-4COF-A2A4-CBAB49E78B71

35. The business owner shall maintain a written security plan, including procedures for verifying identification and age of purchasers, on file with the Planning and Development Services Department and the Vallejo Police Department. The plan must include a description of licensed and uniformed security guards, who must be present on site during hours of operation, including their number, location and hours, as well as a theft prevention plan including locked exterior doors and windows during the times the cannabis business is closed. The licensed and uniformed security guard best practices shall comply with State law. The Planning and Development Services Department and Vallejo Police Department shall be notified in writing of any revisions to the approved written security plan dated "Received July 23, 2020".

36. The point of sale software used to track retail sales must be deemed acceptable to the City of Vallejo Finance Director prior to operation.

37. The business owner shall only use one name to identify themselves in the Use Permit, the local regulatory permit to operate, the State license, and any other applicable State or local permit that may be required for the purposes of retail sales of cannabis .

38. Lighting. The following lighting requirements shall apply:
a. Exterior perimeter lighting shall be in place prior to operation. b. Exterior lighting shall be code compliant LED fixtures or high efficiency luminaries, and shall have an illumination intensity of between one and four foot candles. c. Lights shall be directed and shielded so as not to illuminate adjoining properties. d. Lights shall include housing to protect against breakage. e. Broken or burnt out lights shall be replaced within 48 hours. f. Transitional lighting shall be incorporated in exterior areas providing access to and from buildings or uses within the site.
g. Trees and shrubs shall not interfere with the distribution of lighting as required by this Use Permit.

39. Signs. The following signage requirements shall apply:
a. A sign shall be posted on the door or in view of the entrance stating that no person under the age of 18 (for medical retail sales of cannabis) or 21 (for recreational retail sales of cannabis) is allowed on site.
b. A sign shall be posted stating that the use or consumption of cannabis or cannabis products on or near the premises is prohibited.
c. A sign shall be posted stating loitering on or near the premises is prohibited. d. A sign shall be posted outside the facility in full public view containing City of Vallejo contact information for both emergency situations and information regarding public concern about operations.
6 DocuSign Envelope ID: 49C538EF-439B-4COF-A2A4-CBAB49E78B71 e. Other Sign Ordinance requirements as prescribed in Title 16 of the VMC.

40. Windows. The following requirements for windows shall apply:
a. No display of cannabis or cannabis product shall be permitted within 10 feet of the window.
b. Storefronts shall maintain transparent windows that allow visibility into the store, with a minimum of 60 percent transparency on the street frontage at the ground level and allow visibility into the building at a minimum of four feet above the ground.

41. Screening and Landscaping. The following landscape requirements shall apply:
a. Shrubs located next to pedestrian walkways and other vulnerable areas as determined by the City of Vallejo Planning Manager or his or her designee shall not exceed three feet in height at maturity.
b. Trees shall be pruned up to six feet above ground.
c. Trees and shrubs shall be pruned back from windows, doors, and walkways. d. Decorative stone, brick, and other masonry material shall be grouted to prevent removal by hand.
e. Entrances to the site and parking lots shall be defined with landscaping or entry features.
f. Outdoor waste and recycle bins shall be contained within a locked structure to prevent unauthorized entry.
g. Other screening and landscape regulations as prescribed in Title 16 of the VMC.

42. Noise. The following noise requirements shall apply:
a. The use of generators is prohibited, except as short-term temporary emergency back up systems.
b. Other Noise Performance Standards as prescribed in Title 16 of the VMC.

43. Odor Control. A sufficient odor-absorbing ventilation and exhaust system shall be installed and operated to ensure that odor generated by the cannabis business is not detected outside of the property, anywhere on adjacent properties or public rights-of-way, or within any other separate use or unit located within the same building as the cannabis business.

44. Property Maintenance. The following property maintenance requirements shall apply:
a. Property shall be maintained free of debris, litter and trash. b. The cannabis business shall comply with the Property Maintenance Ordinance under VMC Chapter 7.54.
7 DocuSign Envelope ID: 49C538EF-439B-4COF-A2A4-CBAB49E78B71

45. Tracking. The cannabis business shall comply with any labeling, testing, and track and trace program established by the City and/or State agencies . The operator must maintain records tracking all cannabis production and products and shall make all records related to commercial cannabis activity available to the City upon request.

46. Taxes. The cannabis business shall be current on the City's Marijuana Business License Tax and any additional applicable taxes enacted by the City or this Use Permit may be subject to revocation and/or local regulatory permit non-renewal and/or revocation.

47. Parking. The applicant shall maintain the 73 required onsite parking spaces to serve the cannabis business. Parking lot surfaces, lighting, and exterior landscaping shall be maintained in good condition in compliance with the approved plans.

48. Special Events. Special events are prohibited unless authorized in writing by both authorized staff of the City of Vallejo and the California Bureau of Cannabis Control.

49. Inspection. The dispensary shall be subject to inspections by appropriate local and State agencies, including but not limited to the City Manager's Office, Planning and Development Services Department, and/or a third-party inspector appointed by and acting on behalf of the City. Inspections may occur at random times for conformance with the Vallejo Municipal Code and City permit requirements. If interference in the performance of the duty of the agency having jurisdiction occurs, the agency may temporarily suspend the permit and order the dispensary to immediately cease operations.

50. Exterior Modification. All exterior modifications to the building fayade or site, including landscaping, parking lot improvements, fencing, lighting, and signage, shall be subject to City of Vallejo review and approval. Razor or barbed wire and similar fencing is not permitted.

51. Any proposed modification, alteration, and/or expansion of the use authorized by this Use Permit shall require the prior review and approval of the City of Vallejo. Such changes may require a new or modified Use Permit and additional environmental review, if warranted.

52. Use Permit Certificate. This Use Permit, the approved project description, and approved floor plan shall be maintained on site and made available to City of Vallejo officials upon request.

Approval Time/Revocation

53. Approval of this Use Permit shall automatically expire 24 months from the date of approval, unless building permits are issued and authorized construction has commenced prior to the expiration date.

54. The Use Permit shall be deemed abandoned if the cannabis business operation remains not in use for 12 consecutive months. A new Use Permit shall be obtained prior to the resumption of the cannabis business, if deemed abandoned.

55. If the Planning Division, either independently or as a result of complaints from the public, becomes aware that the use is being conducted in a manner which violates the conditions 8 DocuSign Envelope ID: 49C538EF-439B-4COF-A2A4-CBAB49E78B71 of this Use Permit or other applicable City regulations, and Planning Division staff is unable to obtain compliance or abatement, staff will refer the Use Permit to Code Enforcement and/or the Planning Commission for possible suspension or revocation.

B. BUILDING DIVISION
Steve Arnold I [email protected] I (707) 648-4387

1. Permits required per California Code of Regulations, Title 24 and applicable City Ordinance in effect at the time of completed Building Permit application date and required fees paid at time of application. 2019 California Code of Regulations apply if permit application(s) received before end of 2022.

C. FIRE DEPARTMENT
Brian Pizzimenti I [email protected] I (707) 648-4436

1. Access roads that are fire lanes shall either be posted with permanent all-weather signs constructed and installed in accordance with the Fire Department Fire Lane Marking Standards or shall all have curbs painted red and a sign posted at each entrance. Contact the Fire Prevention Bureau for further information and design templates. Location of such areas shall be determined prior to final inspection.

2. Prior to final Inspection, in accordance with the 2019 Califoirnia Fire Code rooms or areas containing controls for HVAC systems, electrical panels, automatic fire extinguishing systems, fire alarm equipment or other detection, suppression or control elements shall be identified with appropriate signs.

3. A flush-mounted (recessed) Knox Box (key box) mounted no higher than 5 feet above the finished floor containing appropriate keys for emergency fire department access shall be provided. The minimium size box is the 3200 series with a hinged door and recessed mounting kit. The tamper kit is not required, box color may be any of the Knox options. It takes approximately 2 weeks for delivery. For more information call the Fire Prevention Division at (707) 648-4565

4. Keys for the Knox Box entry system required by the fire department shall be attached to durable tags with permanent marking identifying the door(s) or lock(s) that the key functions with. i.e. "MASTER" or "MECHANICAL ROOM".

5. Prior to final inspection, in accordance with the 2019 California Fire Code approved address numbers shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall clearly contrast with their background. The characters shall be a minimum of 4" high (6" for Commercial) with a 1/2" stroke. The size of the building and distance or location of the address numbers from the roadway may necessitate larger numbers.

6. Prior to final inspection, the minimum fire-extinguisher requirement shall be one 2A-1 OBC rated portable unit in such locations so that maximum floor-travel distance does not exceed 75' to the nearest extinguisher from any portion of the building with a maximum of 3,000 square feet of floor area surveyed. Plan submittal shall include the proposed 9 DocuSign Envelope ID: 49C538EF-439B-4COF-A2A4-CBAB49E78B71 location of extinguishers. Final location shall be approved in the field by the fire department. Hazardous areas will require increased sizing of fire extinguishers.

7. All fire extinguishers shall be mounted in a conspicuous and readily accessible location either on a bracket or within an approved storage cabinet. Fire extinguishers shall be mounted so the top of the unit is 3 feet to 5 feet off the finished floor. If the extinguisher is not readily visible, a sign shall be located directly above the extinguisher. The sign shall be legible and of a contrasting color with its background. Final installation measures and indentification signage shall be approved in the field by the Fire Department prior to final inspection sign-off.

8. Means of egress illumination shall be provided and maintained at any time the building is occupied. The means of egress shall be illuminated of not less than 1 foot candle power and shall be approved by the Fire Prevention Division prior to sign-off of the final inspection.

9. Emergency exit lighting shall be provided at or near all exits and as designated by the Fire Marshal. Final exit lighting shall be approved by the Fire Marshal prior to sign-off of the final inspection.

10. In accordance with the 2019 California Fire Code Chapter 10, all emergency lighting and exit signs lights shall have two separate sources of power.

11. All buildings shall comply with the 2019 California Building Code, Chapter 10 Means of Egress requirments. Including but not limited to; exit signs, exit doors, exit hardware and exit illumination.

12. Provide a detailed means of egress, path of travel, exit plan plan prior to building permit approval. Due prior to Building Permit issuance.

13. Locking devices on exit doors shall conform to the 2016 California Fire Code Chapter 10, only one lock or latch requiring one motion/operation to open/unlock is required. No double keyed dead-bolts are permitted on exit doors. Panic hardware is required.

14. Maintain the width of the exit system; tables, chairs, merchandise storage systems and other devices shall not obstruct the means of egress along the path of exit travel based on the cumiulative occupant load served. Maintain clear access to all exits at all times.

15. A separate permit is required for Fire Alarm modification from the Vallejo Fire Department.

Fire alarm system must have current annual certification prior to final inspection.

16. A separate permit is required for Fire Sprinkler modification from the Vallejo Fire Department. Fire sprinkler system must have current annual and five year certification prior to final inspection.

17. Duct smoke detectors complying with UL 268A shall be installed in accordance with the CBC, CFC, CMC and NFPA 72.
a. In the main return air and exhaust air plenum of each air-conditioning system having a capacity greater than 2,000 CFM. Such detectors shall be located in a serviceable area downstream of the last duct inlet.
10 DocuSign Envelope ID: 49C538EF-4398-4COF-A2A4-CBAB49E78871 b. At each connection to a vertical duct or riser serving two or more stories from a return air duct or plenum of an air-conditioning system.

18. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the Fire Code Official is authorized to require a key box to be installed in an approved location.

The key box shall be of an approved type and shall contain keys to gain necessary access as required by the Fire Code Official per CFC § 506.1

19. Hazardous Materials Business Plan Requirements. Any occupancy that will be conducting operations or storing materials that are hazardous will obtain the appropriate permits from the City of Vallejo Fire Department and/or Solano County Evironmental Management prior to commencing business operations

20. The provisions of CFC§ 407 shall be applicable where hazardous materials subject to permits under CFC § 5001.5 are used and/or stored on the premises or where required by the Fire Code Official.

21. Storage, use and handling of compressed gases in compressed containers, cylinders, tanks, and systems shall comply with CFC Chapter 53 including those gases regulated elsewhere in the CFC and/or any applicable NFPA Standards as determined by the Fire Code Official. Partially full compressed gas container, cylinders or tanks containing residual gases shall be considered as full for purposes of the controls required.

22. Compressed gases classified as hazardous materials shall also comply with CFC Chapter 50 for general requirements and chapter addressing specific hazards, including CFC Chapters 58 (Flammable Gases), 60 (Highly Toxic and Toxic Materials), 63 (Oxidizer, Oxidizing Gases, and Oxidizing Cryogenic Fluids) and 64 (Pyrophoric Materials) and/or any applicable NFPA Standards as determined by the Fire Code Official.

23. The storage, use and handling of all hazardous materials shall be in accordance with CFC Chapter 50 and California Health and Safety Code requirements. The maximum allowable quantity (MAQ) of hazardous materials per control area will be established using CFC § 5003.1. Applicant will need to contact the Fire Department for hazardous materials storage permitting and approval.

24. Fume Ventilation; continous mechanical ventilation shall be provided per the Calfornia Fire Code and the Building and Mechanical Code.

25. Hazardous Materials Inventory Statement (HMIS) per CFC § 5001.5.2. An application for building permit shall include an HMIS. The HIMS shall include the following information:
a. Product name.
b. Component.
c. Chemical Abstract Service (CAS) number.
d. Location where stored or used.
e. Container size.
f. Hazard classification.
g. Amount in storage.
h. Amount in use-closed systems.
11 DocuSign Envelope ID: 49C538EF-439B-4COF-A2A4-CBAB49E78B71 i. Amount in use-open systems.
j. Safety Data Sheets (SOS) for all proposed materials

26. The business will also need to comply with electronic reporting requirements specific to the California Environmental Reporting System (CERS). Applicants will need to contact the Fire Department for direction and permitting related to hazardous materials inventory reporting amounts.

27. The smoking or carrying of a lighted pipe, cigar, cigarette or any other type of smoking paraphernalia or material is prohibited in the areas indicated in CFC § 310. No smoking signs are required.

28. Storage of combustible materials in buildings shall be orderly. Storage shall be separated from heaters or heating devices by distance or shielding so that ignition cannot occur per CFC§ 315.

29. Any security device or system that emits any medium that could obscure a means of egress in any building, structure or premise shall be prohibited per CFC§ 316.5.

30. High-piled storage or rack storage in any occupancy group shall comply with the CFC Chapter 32.

31. A final inspection from the Vallejo Fire Department is required prior to final occupancy.

D. WATER DEPARTMENT
Melissa Cansdale I [email protected] I (707) 553-7223

1. Provide water meter and service sizing calculations per most recent California Plumbing Code and include a water fixture count table.

E. VALLEJO FLOOD AND WASTEWATER DISTRICT
Gustavo Silva I [email protected] I (707) 644-8949

1. The applicant shall pay the applicable plan review fees prior to issuance of building permits.
12 DocuSign Envelope ID: 49C538EF-439B-4COF-A2A4-CBAB49E78B71

EXHIBIT B

ANALYSIS AND FINDINGS OF THE PROJECT'S CONSISTENCY WITH GENERAL PLAN 2040, INCLUDING ITS GUIDLING PRINCIPLES AND POLICIES
V-Town Farms is consistent with its General Plan 2040 designation of District- North Gateway (D-NG). Pursuant to General Plan 2040, "[t]he D-NG designation applies to the northern portion of the area north of SR37 between Sonoma Boulevard and Broadway Street, a highly-visible area that serves as a gateway to Napa Valley from SR 37 (heading north) and to Vallejo from American Canyon (heading south). It is intended to foster an integrated, pedestrian oriented place with a mix of uses, such as retail, dining and entertainment, and lodging that cater to both motorists passing through and surrounding neighborhoods." A retail cannabis dispensary is a retail use and thus is allowable in the D-NG designation pursuant to General Plan 2040. Such use contributes to the diversity of uses envisioned for the North Gateway District. Retail cannabis sales will serve both local residents and motorists passing through Vallejo. V-Town Farms would be particularly well-suited to attract both local residents and motorists with its proximity to residences and high visibility from Sonoma Boulevard (Highway 29) and Broadway.

The current zoning designation for the project site is the Planned Development Commercial (PDC) District (Existing Zoning Map). Under the Interim Zoning Policy (IZP), which the City Council established to facilitate development and guide zoning interpretations from the adoption of General Plan 2040 to the adoption of the new zoning code, the project site is indicated as the Pedestrian Shopping and Service (CP) District. In 2017. Under the IZP, each General Plan 2040 land use designation correlates to the City's existing zoning districts and specific plans for the purposes of applying land use and development standards to a proposal. The project site's General Plan 2040 designation of District - North Gateway (D-NG) correlates to the following zoning districts under the IZP: Pedestrian Shopping and Service (CP) District and High Density Residential (HOR) District. Under the IZP, in situations where the proposed use is permitted by General Plan 2040, but not clearly addressed in the existing zoning or the IZP, the applicant may apply for a Major Use Permit to allow the use.

The project site is identified as Planned Development Commercial (PDC) District on the City's existing zoning map. The Planned Development Master Plan for the project site permits retail uses but does not specifically mention cannabis use, since at the time of the adoption of the Planned Development Master Plan, cannabis was not a legally permitted use. The CP District is the "best fit" zoning designation authorized under the IZP because the project site is located within a commercial shopping center that can accommodate a variety of uses, including a retail cannabis business. In addition, the proposed zoning of the project site in the new zoning code is Central Corridor Commercial (CC) District, which would allow retail cannabis sales with a Minor Use Permit. The project conforms with both the CP District and CC District zoning designations.

Accordingly, the City Council finds the project is in conformance with General Plan 2040.

DocuSign Envelope ID: 49C538EF-439B-4COF-A2A4-CBAB49E78871 • Guiding Principle 14. Innovation, Entrepreneurship & Successful Local Businesses.

The project brings good jobs to Vallejo with an innovative business that results in the adaptive reuse of a vacant building and site. Specifically, these are jobs that will provide training and experience in an industry that is expanding throughout California. The project balances economic development with the natural environment in that it will result in the reuse of a vacant building on an infill site, and not disturb natural resources. Lastly, the project contributes to the diverse economy of Vallejo, while also drawing customers from both inside and outside of Vallejo. Therefore, the City Council finds that the proposed project is consistent with General Plan Guiding Principles 13, 14, 15, and 16.

The project site is a vacant building space in a commercial shopping center that has largely sat vacant for several years. Reuse of this underutilized building with a retail use that serves both local and regional customers and provides good jobs will enhance the economy of the area and Vallejo. The cannabis business will be subject to a collection of specific requirements, including the addition of new windows, to ensure it does not create any potential adverse impacts. Therefore, the City Council finds that the proposed project is consistent with General Plan Policy NBE-2. 8.
• Policy NBE-3.8 North Gateway. Accelerate investment in the North Gateway area to achieve a mixed-use district that caters to both locals and regional travelers to Napa Valley.

Furthermore, new businesses may be encouraged to fill the vacant tenant spaces.

DocuSign Envelope ID: 49C538EF-439B-4COF-A2A4-CBAB49E78871 Therefore, the City Council finds that the proposed project is consistent with General Plan Policy NBE-3. 8.
• Policy NBE-3.14 Neighborhood Corridors . Connect the community with mixed-use corridors that function as neighborhood main streets for adjacent residential areas.

The establishment of a retail cannabis business contributes to the mix of uses along the Sonoma Boulevard corridor between Highway 29 and Mini Drive. Therefore, the City Council finds that the proposed project is consistent with General Plan Policy NBE-3. 14. • Policy NBE-5.13 Noise Control . Ensure that noise does not affect quality of life in the community.

All of the activities of the retail cannabis business, including the cannabis manufacturing and cannabis distribution accessory uses, will occur indoors and away from sensitive uses, such as residences. Furthermore, the retail cannabis business will be subject to noise-reduction requirements, as operational conditions. Therefore, the City Council finds that the proposed project is consistent with General Plan Policy NBE-5. 13. • Policy EET-2.1 Economic Diversification. Attract employment and tax generating businesses that support the economic diversity of the City.

The retail cannabis business contributes to the vibrancy of the Sonoma Boulevard and Broadway corridors because it provides both employment and retail opportunities. The cannabis business is an economically vibrant use that can also draw customers into the area to the potential economic benefit of nearby businesses. Therefore, the City Council finds that the proposed project is consistent with General Plan Policy EET-2.1. • Policy EET-3.4 Commercial and Neighborhood Corridors. Enhance commercial corridors to create a vibrant mix of places to live, work, shop, and play.

The operation of the cannabis business contributes to the vibrancy of the Sonoma Boulevard and Broadway corridors because it provides both employment and retail opportunities. The cannabis business is an economically vibrant use that can also draw customers into the area to the potential economic benefit of nearby businesses. Therefore, the City Council finds that the proposed project is consistent with General Plan Policy EET-3.4.

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Chapter 16.312 - CANNABIS PROCESSING, CULTIVATION, DISTRIBUTION, TESTING AND RETAIL

16.312.01 - Purpose and applicability.

These provisions establish regulations for the operation of commercial cannabis uses, in a consistent manner with the general plan, this Zoning Code and the requirements of the Chapters 7.100 and 7.200 of the Vallejo Municipal Code. All permits issued in accordance with Vallejo Municipal Code Chapter 7.100 to operate establishments engaged in the retail, processing, cultivation or distribution of cannabis will be void by January 1, 2022. Operations may only continue upon approval of a minor use permit and Vallejo Municipal Code Chapter 7.200 Regulatory Permit.

16.312.02 - Requirements.

Commercial cannabis establishments, including, but not limited to cultivation, distribution, manufacturing, testing and retail uses shall comply with the procedures of the Vallejo Municipal Code, State law, and the regulations of this Zoning Code. Where the Zoning Code conflicts with state law, the more restrictive standards shall apply.

Permits Required.

All cannabis uses shall obtain and maintain all required State and local permits and licenses including the corresponding local permits required under Chapter 7.200 of the Vallejo Municipal Code.

Minor Use Permits pursuant to Chapter 16.606, Minor and Major Use Permits, will only be granted to establishments operating in compliance with applicable State laws and regulations.

Revocation of the state cannabis license (e.g., Microbusiness license) or the local permit to operate under Chapter 7.200 of the Vallejo Municipal Code shall be grounds for revocation of the minor use permit for the cannabis cultivation, distribution, manufacturing and testing laboratory use.

Valid and applicable state and local licenses and permits shall be publicly displayed at all times during hours of operation.

Operations and location requirements shall at all times comply with applicable regulations contained in Title 16 of the California Code of Regulations as those may be updated from time to time by the California Bureau of Cannabis Control.

Locational Limitation.

Retail sale of cannabis for recreational and medical purposes is permitted in the NMX, CC, NC, RC, IL, and IG Zoning Districts subject to the approval of a minor use permit pursuant to Chapter 16.606, Minor and Major Use Permits.

Cannabis cultivation, distribution, manufacturing, and testing laboratories are allowed in the IL and IG Zoning Districts, and in the White Slough Specific Plan Area, Zone 1A which is the zoned CC, subject to the approval of a minor use permit pursuant to Chapter 16.606, Minor and Major Use Permits.

No cannabis cultivation, distribution, manufacturing, testing laboratory or retail use may be located within a six hundred-foot radius of a school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center as defined in Health and Safety Code Section 11353.1.

The distance specified in this chapter shall be the horizontal distance measured in a straight line from the property line of the school or center to the closest property line of the lot on which the permittee is to be located without regard to intervening structures.

Development and Operation Standards. Cannabis cultivation, distribution, manufacturing and testing laboratory establishments shall comply with the following restrictions:

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Where this code conflicts MAUCRSA design and development standards, the more restrictive standards shall apply. zoning district requirements must be met, together with the following requirements:

Development and Operational Standards:

General. All activities shall occur within a secure fence at least eight feet in height that fully encloses the area.

The fence must include a lockable gate(s) that is locked at all times, except for during times of active ingress/egress.:

No person under age eighteen shall be allowed on the property.

The site shall not be open to the general public.

No transactions outside, or partially outside of an enclosed building are permitted. No transactions which are performed through walk-up or drive-through service are allowed.

No use, inhalation, smoking, eating, ingestion, or otherwise consumption of cannabis on the property, including the parking areas of the property.

No exhibition or product sales area or retail sales are allowed on the premises.

Cultivation:

The canopy shall not exceed ten thousand square feet; and All cannabis cultivation shall occur indoors, completely enclosed in a structure with opaque walls, and shall not be visible from any public right-of-way
Lighting:

Exterior perimeter lighting shall be in place prior to operation; Exterior lighting shall be Code compliant LED fixtures or high efficacy luminaries, and shall have an illumination intensity of between one and four foot candles; Lights shall be directed and shielded so as not to illuminate into adjoining properties; Lights shall have a housing to protect against breakage; Broken or burnt out lights shall be replaced within five calendar days; Transitional lighting shall be incorporated in exterior areas going to and from buildings or uses within a site; and
Trees and shrubs shall not interfere with the distribution of lighting as required by this section.

Signs:

A sign shall be posted on the door or in view of the entrance stating that no person under the age of eighteen is allowed on site; and
A sign shall be posted stating that the use or consumption of cannabis or cannabis products on or near the premises is prohibited; and
A sign shall be posted stating loitering on or near the premises is prohibited; and A sign shall be posted outside the facility in full public view that contains contact information of the city manager's office for both in case of an emergency situations and for public concern of operations.

Other requirements as prescribed in Chapter 16.509, Signs.

Fencing, screening and landscaping:

All fencing shall be eight feet tall, solid fence, masonry or board-on-board as approved by the planning manager or designee.

Shrubs located next to pedestrian walkways and other vulnerable areas as determined by the planning manager or his or her designee shall not exceed three feet in height at maturity; iii.
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Trees shall be pruned up to six feet above ground;
Trees and shrubs shall be pruned back from windows, doors and walkways; Decorative stone, brick, and other masonry material shall be grouted to prevent removal by hand; Entrances to the site and parking lots shall be defined with landscaping or entry feature; Outdoor waste and recycle bins shall be contained within a locked structure to prevent unauthorized entry; and
Other requirements as prescribed in Chapter 16.508, Landscaping.

Noise:

The use of generators is prohibited, except as short-term temporary emergency back-up systems; and Other requirements as prescribed in Chapter 16.502.10 Noise.

Odor control: A sufficient odor-absorbing ventilation and exhaust system shall be installed to ensure that odor generated by the use is not detected outside the property, anywhere on adjacent properties or public rights-of-way, or within any other unit located within the same building as the cannabis use.:

Maintenance:

Property shall be maintained free of debris, litter and trash; and Comply with Chapter 7.54, Property Maintenance of the Vallejo Municipal Code.

Other performance standards: comply with all requirements prescribed in Chapter 16.502, Performance Standards.

Retail Sales of Cannabis. Where this code conflicts MAUCRSA design and development standards, the more restrictive standards shall apply. All applicable district requirements are met, together with the following requirements:

Development and Operational Standards. Retail sales of cannabis uses shall comply with development standards specified in the applicable zoning district. Such uses shall also comply with the following standards:

General:

No person under age eighteen (for medical retail sales of cannabis) or twenty-one (for recreational retail sales of cannabis) shall be allowed on the property.

No transactions outside, or partially outside of an enclosed building are permitted. No transactions which are performed through walk-up or drive-through service are allowed.

The property shall not include patio or cafe seating, unless used exclusively for employees in an area not accessible to the general public.

No use, inhalation, smoking, eating, ingestion, or other consumption of cannabis in any form shall be allowed on the property, including the parking areas of the property.

No alcohol shall be consumed, made available, sold, offered for sale, given, distributed, traded, or otherwise provided to customers, employees, guests, visitors, or volunteers.

No retail sales of cannabis shall occur, in any form, to anyone between the hours of 10:00 p.m. and 6:00 a.m., except delivery.

The property complies with all applicable California State Building Code provisions, the city's property maintenance ordinance and is maintained free of debris, litter and trash.

All transactions, including but not limited to cash or in-kind contributions, reimbursement or compensation, shall be fully documented.

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purchasers. The plan must include a description of licensed and uniformed security guards who must be present on site during hours of operation, including their number, location and hours, as well as a theft prevention plan including locked exterior doors and windows during the times the business is closed. The licensed and uniformed security guard best practices shall comply with state law.

The point of sale software used to track retail sales must be acceptable to the finance director.

Retail sellers of cannabis may only use one name to identify themselves in the minor use permit, the local regulatory permit, the state license and any other state or local permit that may be required.

Limitations on retail area in industrial zones. In the IL and IG zoning districts, no more than fifty percent of the floor area shall be devoted to retail sales.:

Lighting:

Exterior perimeter lighting shall be in place prior to operation; Exterior lighting shall be Code compliant LED fixtures or high efficiency luminaries, and shall have an illumination intensity of between one and four foot candles; Lights shall be directed and shielded so as not to illuminate adjoining properties; Lights shall include housing to protect against breakage; Broken or burnt out lights shall be replaced within forty-eight hours; Transitional lighting shall be incorporated in exterior areas providing access to and from buildings or uses within a site; and
Trees and shrubs shall not interfere with the distribution of lighting as required by this section.

Signs:

A sign shall be posted on the door or in view of the entrance stating that no person under the age of eighteen (for medical retail sales of cannabis) or twenty-one (for recreational Retail sales of cannabis) is allowed on site.

A sign shall be posted stating that the use or consumption of cannabis or cannabis products on or near the premises is prohibited.

A sign shall be posted stating loitering on or near the premises is prohibited.

A sign shall be posted outside the facility in full public view containing City contact information for both emergency situations
Cannabis Accessory Uses. The following accessory uses may be permitted, whenever the applicable state permit has been obtained, and subject to a zoning compliance review pursuant to Chapter 16.603, Zoning Compliance Review, whenever the principal use is retail sales of cannabis.

Cannabis manufacturing may be permitted as an accessory use subject to the following restrictions:

The extraction process shall consists of separating cannabinoids from cannabis plant material solely by press or non-volatile solvent between the temperatures of sixty and two hundred degrees Fahrenheit.

The extraction shall take place in an area not to exceed one hundred square feet located within or attached and internally connected to the principal structure.

The infusion process shall consist of the direct incorporation of cannabis, cannabinoids, or cannabis concentrates into an edible, topical or other product to produce a cannabis product.

The cannabis manufacturing shall not exceed ten percent of the total floor area of the principal use or five hundred square feet, whichever is less.

The manufacturing space is only accessible to employees and shall not be visible to the general public.

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5. Cannabis distribution may be permitted as an accessory use subject to the following restrictions:

The area utilized for cannabis distribution shall not exceed thirty percent of the total floor area of the principal use or one thousand and five hundred square feet, whichever is lesser.

The distribution storage area hall be fully enclosed within or attached and internally connected to the principal structure.

The distribution storage area shall only be accessible to employees and shall not be visible to the general public.

A separate application for zoning compliance review will not be required if the retail sales of cannabis applicant includes manufacturing and/or distribution as accessory use (s) consistent with this chapter, in the initial minor use permit application,
The premises shall be subject to fire, building and health inspection by the city and other regulatory agencies and the accessory use permitted thereon shall be contingent upon compliance with fire, building and health regulations and requirements.