Agenda packet — Vallejo City Council, October 25, 2022 (part 3 of 3)

Part 11 California Green Building Code
Part 12 California Reference Standards Code

The International Property Maintenance Code was updated in 2021 and is not part of the Code unless specifically adopted. In addition, the minimal local administrative amendments to the Code must be readopted.

After introduction of the ordinance, staff will complete the public notice requirements and return on November 15, 2022 for the public hearing and second reading of the ordinance. Once approved, the 2022 California Building Standards Codes and the 2021 International Property Maintenance Code and local administrative amendments will become effective January 1, 2023.

Public Outreach
City Staff will post 2022 Title 24 California Code Changes Summary and FAQ's Regarding the New 2022 California Building Standards Code, 2021 International Property Maintenance Code and the local amendments on the Building Division web page and hard copies are available at the public counter. In addition, staff will conduct outreach to contractors and developers informing them of these changes.

Notices will be placed at the building counter, and in addition, the Vallejo Weekly Newsletter will also inform the community of the upcoming changes.

The 2022 edition of the California Building Standards Codes, as well as the 2021 International Property Maintenance Code and the local amendments are available for review at the Planning and Development Services Counter during counter hours, 9 AM-3 PM Monday through Thursday, excluding holidays, or by appointment. Staff notes that City Hall will be closed to the public December 26, 2022 through January 2, 2023.

FISCAL IMPACT
The cost of implementation, education and enforcement associated with the new regulations is estimated at $25,000 and is funded through the current Building Division budget. This includes staff training to implement the new code, public outreach, information handouts, the purchase of Code Books, and online code subscriptions and other costs necessitated by the adoption of new codes.

ENVIRONMENTAL REVIEW
Adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) in accordance with section 15061(b)(3) of the CEQA Guidelines because such action is largely administrative in nature, is designed to improve rather than degrade the environment, and it can be seen with certainty that it will not have a significant effect on the environment.

ATTACHMENTS
Date: October 25, 2022
Subject: INTRODUCTION OF AN ORDINANCE ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT CODE SECTION 50022.2 AND CALIFORNIA CODE OF
REGULATIONS TITLE 24, THE 2022 BUILDING STANDARDS CODE PARTS 1 THROUGH 12, AND THE 2021 INTERNATIONAL PROPERTY MAINTENANCE

CODE, AND ADOPTING LOCAL ADMINISTRATIVE AMENDMENTS THERETO

AND FINDING THE ORDINANCE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT PURSUANT TO GUIDELINES SECTION 15061(b)(3)

Page 3 ends

1. Ordinance Amending Title 12 Relating to Adoption of 2022 California Building Standard Code_CAO Stamp

2. Exhibit A to Ordinance Amending Title 12 Relating to Adoption of 2022 California Building Standard Code

CONTACT
Christina Ratcliffe, Planning and Development Services Director (707) 648-4382 [email protected]
1 ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VALLEJO ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT CODE SECTION 50022.2 AND CALIFORNIA CODE OF REGULATIONS – TITLE 24, THE 2022 CALIFORNIA BUILDING STANDARDS CODE PARTS 1 THROUGH 12 AND THE 2021

INTERNATIONAL PROPERTY MAINTENANCE CODE AND ADOPTING LOCAL

AND ADMINISTRATIVE ADMENDMENTS THERETO IN ACCORDANCE WITH CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 17951, 17922, 17958, 17958.5 AND 17958.7 AND FINDING THE ADOPTION OF SUCH CODES AND

AMENDMENTS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15061(b)(3) OF THE CALIFORNIA CODE OF

REGULATIONS
THE COUNCIL OF THE CITY OF VALLEJO DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals.

A. The City Council of the City of Vallejo does hereby find that there is a need to enforce the most current editions of the California Building Standards Code, with local amendments thereof, as recited herein for regulating and controlling the design, erection, construction, enlargement, installation, alteration, repair, relocation, removal, use and occupancy, demolition, conversion, height and area, location and maintenance, and quality of materials of all buildings and structures and plumbing, mechanical, and electrical and certain equipment within the City.

B. Pursuant to sections 17922, 17958, 17958.5, and 17958.7 of the California Health and Safety Code, the City may adopt the provisions of the Uniform Building, Plumbing, Mechanical, and Electrical Codes with certain amendments to the codes which are reasonably necessary to protect the health and welfare of the citizens of Vallejo because of climactic, geological, or topographical conditions.

C. No part of this Ordinance imposes a more restrictive California Code Standard based upon local climatic, geological, or topographical findings, and the proposed amendments are solely intended to create administrative processes to comply with California Building Standards Codes.

2 SECTION 2. Vallejo Municipal Code Chapter 12.04 (Building Code Adopted) of Title 12 (Buildings and Construction) is hereby repealed and replaced in its entirety to read as follows:

Chapter 12.04

BUILDING CODE ADOPTED

12.04.010 California Building Code Adopted.

Subject to the particular additions, deletions and amendments hereinafter set forth in this chapter, the rules, regulations, provisions, and conditions set forth in that certain code entitled California Building Code, 2022 Edition, Parts 1 and 2, including appendices F, G, H, I, J, N, O, and P, a full copy of which is on file with the building official in book form and which, as so filed, is referred to, adopted and made a part hereof as fully and for all intents and purposes as though set forth herein at length, shall be and the same is established and adopted as the rules, regulations, provisions, and conditions to be observed and followed to govern the construction and maintenance of buildings and premises; to safeguard life, health, property and public welfare, providing for issuance of permits and collection of fees therefore; and providing penalties for violation of such code; and subject to said additions, deletions and amendments hereinafter set forth, shall be designated, known and referred to as the building code of and for the city. All conflicting ordinances are hereby repealed.

12.04.020 California Building Code Administrative Provisions Adopted.

A. The Administrative Provisions of the 2022 California Building Code contained in Division II of Chapter 1 of Part 2 of Title 24 California Code of Regulations are hereby adopted by reference pursuant to Government Code sections 50022.2 through 50022.10.

B. All of the regulations, provisions, conditions, and terms of said division, together with the appendices specifically referenced in Section 12.04.010 above, one copy of which will be on file with the building official and accessible to the public for inspection, are hereby referred to, adopted, and made part of this chapter as if fully set forth in this chapter.

12.04.030 Board of Appeals.

The Board of Appeals shall be the Building Standards Code Appeals Board.

SECTION 3. Chapter 12.08 (Property Maintenance Code Adopted) of Title 12 (Buildings and Construction) is hereby repealed and replaced in its entirety to read as follows:

Chapter 12.08

PROPERTY MAINTENANCE CODE ADOPTED

12.08.010 – International Property Maintenance Code Adoption.

The International Property Maintenance Code, 2021 Edition, as published by the International Code Council, is hereby adopted and incorporated herein by reference, save and except such 3 portions as are deleted, modified, or amended as set forth in the table below, “IPMC Adoption Amendments,” as the city property maintenance code. One copy of said code and amendments is on file in the office of the building official of the city of Vallejo, California, for use and examination by the public.

IPMC Adoption Amendments
Delete the following references: Insert the following code references:

International Building Code Current California Building Code International Existing Building Code Current California Existing Building Code International Energy Conservation Code Current California Energy Code and current California Green Building Code
International Fire Code Current California Fire Code
International Fuel Gas Code Current California Plumbing Code International Mechanical Code Current California Mechanical Code International Residential Code Current California Residential Code International Plumbing Code Current California Plumbing Code International Zoning Code Zoning Ordinance of the City of Vallejo NFPA 70 Current California Electric Code
Section 101.1 [Name of Jurisdiction] City of Vallejo
Section 103.1 [Name of Department] Building Division; Planning and Development Services Department
Section 302.4 [Height in Inches] such large growth as to become, when dry, a fire hazard and dry grass, stubble, shrubs,
vines, dead or diseased trees or the branches
4 or roots thereof, or other flammable material
which endangers the public safety by creating
a fire hazard
Section 304.14 [Date] to [Date] the entire year
Section 602.3 [Date] to [Date] the entire year
Section 602.4 [Date] to [Date] the entire year
Code Official or Health Official Building Official or designee

12.08.020 – Board of Appeals.

The Board of Appeals shall be the Code Enforcement Appeals Board as established in Chapter

2.49, superseding Section 108.1 of the International Property Maintenance Code, 2021 Edition.

SECTION 4. Chapter 12.12 (Electrical Code Adopted) of Title 12 (Buildings and Construction) is hereby repealed and replaced in its entirety to read as follows:

Chapter 12.12

ELECTRICAL CODE ADOPTED

12.12.010 – Electrical Code Adoption.

The California Electrical Code, 2022 Edition, including all annex chapters except for sections

80.15 and 80.27 of annex H, as amended and appearing in the 2022 California Building Standards Code, California Code of Regulations Title 24, Part 3, including appendices, is hereby adopted, and incorporated herein by reference, save and except such potions as are deleted, modified, or amended; as the city electrical code. One copy of said code and amendments is on file in the office of the building official of the city of Vallejo, California, for use and examination by the public.

12.12.020 Board of Appeals.

The Board of Appeals shall be the Building Standards Code Appeals Board. 5 SECTION 5. Chapter 12.16 (Plumbing Code Adopted) of Title 12 (Buildings and Construction) is hereby repealed and replaced in its entirety to read as follows:

Chapter 12.16

PLUMBING CODE ADOPTED

12.16.010 – Plumbing Code Adoption.

The California Plumbing Code, 2022 Edition, and all its appendices, as amended and appearing in the 2022 California Building Standards Code, California Code of Regulations Title 24, Part 5, is hereby adopted and incorporated herein by reference, save and except such portions as are deleted, modified, or amended; as the city plumbing code. One copy of said code and amendments is on file in the office of the building official of the city of Vallejo, California, for use and examination by the public.

12.16.020 Board of Appeals.

The Board of Appeals shall be the Building Standards Code Appeals Board.

SECTION 6. Chapter 12.20 (Mechanical Code Adopted) of Title 12 (Buildings and Construction) is hereby repealed and replaced in its entirety to read as follows:

Chapter 12.20

MECHANICAL CODE ADOPTED

12.20.010 – Mechanical Code Adoption.

The California Mechanical Code as amended and appearing in the 2022 California Building Standards Code, and all its appendices, California Code of Regulations Title 24, Part 4, is hereby adopted and incorporated herein by reference, save and except such portions as are deleted, modified, or amended; as the city mechanical code. One copy of said code and amendments is on file in the office of the building official of the city of Vallejo, California, for use and examination by the public.

12.20.020 Board of Appeals.

The Board of Appeals shall be the Building Standards Code Appeals Board.

SECTION 7. Part 1 of Chapter 12.28 (Fire Code Adopted) of Title 12 (Buildings and Construction) is hereby repealed and replaced in its entirety to read as follows:

Chapter 12.28

1. FIRE CODE ADOPTED
6 12.28.010 – Fire Code Adoption.

The California Fire Code, 2022 Edition, including Chapter 1, Division 2, and sections 305, 307, 308, of the 2021 International Fire Code and the whole thereof as adopted by the State Fire Marshal, is adopted, referred to, and incorporated in full, as hereby amended. A copy of the California Fire Code, 2022 Edition, and the International Fire Code are on file and open to public inspection in the office of the City Clerk. This Chapter shall be known and referred to as the “Vallejo Fire Code” for the City.

12.28.020 – Board of Appeals.

The Board of Appeals shall be the Building Standards Code Appeals Board.

12.28.030 – Penalties.

Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The remedies set forth in this section are not exclusive, and the provisions of this chapter may be enforced pursuant to any other applicable enforcement mechanism including, but not limited to, Title 1 of this code or any other applicable remedy at law or in equity.

SECTION 8. Chapter 12.30 (Residential Building Code Adopted) of Title 12 (Buildings and Construction) is hereby repealed and replaced in its entirety to read as follows:

Chapter 12.30

RESIDENTIAL BUILDING CODE ADOPTED

12.30.010 – Residential Building Code Adoption.

The California Residential Building Code as amended and appearing in the 2022 California Building Standards Code, and Appendices H, J, Q, X and Z of California Code of Regulations Title 24, Part 2.5, based on the 2021 International Residential Code, is hereby adopted, and incorporated herein by reference, save and except such portions as are deleted, modified, or amended; as the city residential building code. One copy of said code and amendments is on file in the office of the building official of the city of Vallejo, California, for use and examination by the public.

12.30.020 Board of Appeals.

The Board of Appeals shall be the Building Standards Code Appeals Board. 7 SECTION 9. Chapter 12.32 (Energy Code Adopted) of Title 12 (Buildings and Construction) is hereby repealed and replaced in its entirety to read as follows:

Chapter 12.32

ENERGY CODE ADOPTED

12.32.010 – Energy Code Adoption.

The California Energy Code as amended and appearing in the 2022 California Building Standards Code, and all its appendices, California Code of Regulations Title 24, Part 6, is hereby adopted and incorporated herein by reference, save and except such portions as are deleted, modified, or amended as the city energy code. One copy of said code and amendments is on file in the office of the building official of the city of Vallejo, California, for use and examination by the public.

SECTION 10. Chapter 12.44 (Historical Building Code Adopted) of Title 12 (Buildings and Construction) is hereby repealed and replaced in its entirety to read as follows:

Chapter 12.44

HISTORICAL BUILDING CODE ADOPTED

12.44.010 – Historical Building Code Adoption.

The California Historical Building Code as amended and appearing in the 2022 California Building Standards Code, and all its appendices, California Code of Regulations Title 24, Part 8, is hereby adopted and incorporated herein by reference, save and except such portions as are deleted, modified, or amended; as the city historical building code. One copy of said code and amendments is on file in the office of the building official of the city of Vallejo, California, for use and examination by the public.

12.44.020 Board of Appeals.

The Board of Appeals shall be the Building Standards Code Appeals Board.

SECTION 11. Chapter 12.48 (Existing Building Code Adopted) of Title 12 (Buildings and Construction) is hereby repealed and replaced in its entirety to read as follows:

Chapter 12.48

EXISTING BUILDING CODE ADOPTED

12.48.010 – Existing Building Code Adoption.

The California Existing Building Code as amended and appearing in the 2022 California Building Standards Code, and all its appendices, California Code of Regulations Title 24, Part 8 10, based on the 2021 International Existing Building Code, is hereby adopted and incorporated herein by reference, save and except such portions as are deleted, modified, or amended; as the city existing building code. One copy of said code and amendments is on file in the office of the building official of the city of Vallejo, California, for use and examination by the public.

12.48.020 Board of Appeals.

The Board of Appeals shall be the Building Standards Code Appeals Board.

SECTION 12. Chapter 12.50 (Green Building Code Adopted) of Title 12 (Buildings and Construction) is hereby repealed and replaced in its entirety to read as follows:

Chapter 12.50

GREEN BUILDING CODE ADOPTED

12.50.010 – Green Building Code Adoption.

The California Green Building Code as amended and appearing in the 2022 California Building Standards Code, and all its appendices, California Code of Regulations Title 24, Part 11, is hereby adopted and incorporated herein by reference, save and except such portions as are deleted, modified, or amended; as the city green building code. One copy of said code and amendments is on file in the office of the building official of the city of Vallejo, California, for use and examination by the public.

SECTION 13. Chapter 12.51 (Reference Standards Code) of Title 12 (Buildings and Construction) is hereby repealed and replaced in its entirety to read as follows:

Chapter 12.51

REFERENCE STANDARDS CODE ADOPTED

12.51.010 – Reference Standards Code Adoption.

The California Reference Standards Code appearing in the 2022 California Buildings Standards Code, California Code of Regulations Title 24, Part 12, is hereby adopted and incorporated herein by reference as the city reference standards. One copy of said code is on file in the office of the building official of the City of Vallejo, California, for use and examination by the public.

SECTION 14.Findings.

The City Council hereby adopts the findings set forth in Exhibit A as if fully set forth herein.

Pursuant to sections 17922, 17958, 17958.5, 17958.7, and 18941.5 of the California Health and 9 Safety Code, the City Council finds that each amendment to the Building Standards Code was an administrative change for which no findings need be legally made.

SECTION 15.References in Documents and Continuing Legal Effect.

References to prior versions of any portion of the Building Standards Code or of the Vallejo Municipal Code that are amended or renumbered by this ordinance that are cited in notices issued by the City or in other documents of ongoing or continuing legal effect, including resolutions adopting or imposing fees or charges, until converted, are deemed to be references to the new counterpart portions of the Building Standards Code or amended Municipal Code sections for the purposes of notices and enforcement. The provisions adopted hereby shall not in any manner affect deposits, established fees, or other matters of record which refer to or are otherwise connected with ordinances which are specifically designated by number, code section, or otherwise, but such references shall be deemed to apply to the corresponding provisions set forth in the code sections adopted or amended hereby.

SECTION 16. No Effect on Enforceability.

The repeal of any sections of the Municipal Code shall not affect or impair any act done, or right vested or approved, or any proceedings, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act, vested right, proceeding, suit, or prosecution shall remain in full force and effect for all purposes as if the applicable provisions of the Municipal Code, or part thereof, had remained in force and effect. No offense committed and no liability, penalty, or forfeiture, either civil or criminal, incurred prior to the repeal or alteration of any applicable provision of the 2019 Code, as amended, shall be discharged or affected by such repeal or alteration but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted and proceed in all respects as if the applicable provision of the 2019 Code, as amended, had not been repealed or altered.

SECTION 17.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 18.Effective Date.

This Ordinance shall take effect and be in full force and effect from and after thirty (30) days after its final passage.
1 EXHIBIT A
2022 California Building Standards Code

FACTUAL FINDINGS ESTABLISHING THE REASONABLE NEED FOR LOCAL

AMENDMENTS TO PORTIONS OF THE BUILDING STANDARDS CODE BASED

UPON CLIMATIC, TOPOGRAPHICAL, GEOLOGICAL, OR ADMINISTRATIVE

PROVISION
Health and Safety Code sections 17922, 17958, 17958.5, and 17958.7 permit the City to amend the 2022 California Building Standards Code as reasonably necessary because of local climatic, geological, and topographical conditions.

Section 1 of this Exhibit sets forth various findings that apply to Vallejo, explaining the administrative provisions and the local conditions that necessitate the various changes.

Section 2 of this Exhibit explains which findings apply to which amendments.

In numerous instances herein, the City has opted to make findings even though it is not legally required to do so. For example, if a change to a building standard is administrative in nature, then no finding is legally required. Likewise, if an amendment does not contradict a building standard, but merely supplements the standard, then the City need not make a finding.

Section 1. General Findings.

The following findings apply in the City of Vallejo and explain why the changes to the California Building Standards Code are reasonably necessary because of climatic, geologic, or topographical conditions or local administrative regulations in the City.

A. Climatic, Geological, and Topographical Conditions
The City of Vallejo has 18.9 miles of shoreline. At any given time, there are an estimated 500 vessels moored within 10-200 feet of the Vallejo shoreline. Portions of the shoreline, especially near vessel mooring sites, are occupied by buildings, particularly those with wood-framed structures or sidings, as well as piers and pilings that are combustible.

Highly combustible dry grass, weeds and brush are common in the areas adjacent to built-up locations at or near the shoreline six to eight months of each year. The arrangement and location of natural and human-made surface features, including hills, slopes, housing developments, commercial developments, fire stations, streets, and roads, combine to limit feasible response routes for fire resources. Fires moving through steep terrain double for every 20 percent of slope increase. Erratic terrain and erratic winds can cause fires to grow in an unpredictable manner.
2 Precipitation ranges from 15 to 24 inches per year with an average of 20.39 inches per year. Ninety percent falls during the months of October through March and 10 percent from April through September. Typically, 0.8 percent of rainfall occurs during the fire season. This is a dry period of at least six months. Additionally, the area is subject to recurrent drought. The climatic region is currently in a drought phase that has lasted nine years. Additional droughts can be expected locally in the future.

Temperatures have been recorded as high as 111 degrees Fahrenheit. Average summer highs are in the 90-degree range. Prevailing winds in the area are from the south or southwest in the mornings and from the north or northwest in the afternoons. However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 14 miles per hour (MPH) to 23 MPH range, gusting from 25 to 35 MPH. Forty MPH winds are experienced occasionally and winds up to 55 MPH have been registered locally. During the winter half of the year, strong, dry, gusty winds from the north move through the area for several days, creating extremely dry, hazardous fire conditions.

Local climatic, geologic, and topographic conditions impact fire prevention efforts, and the frequency, spread, acceleration, intensity, and size of fires which involve buildings in this community. Therefore, it is found to be reasonably necessary that the 2022 California Fire Code be changed or modified to mitigate the effects of the risks associated with the above conditions and allow access to all vessels moored, tied, anchored or otherwise to the shoreline of the City.

B. Administrative Regulations.

Local regulations necessary to carry out the application of the California Building Standards Code that do not establish standards may be enacted without meeting the requirements of sections 18941.5, 17958, 17958.5 and 17958.7 of the Health and Safety Code. Through the recommendation of the City Attorney, such amendments made to the California Building Standards Code are hereby found to be either administrative or procedural in nature which do not impact the technical standards within the Code or concern themselves with subjects which are not covered in the Code. The changes made include provisions making the Code compatible with other ordinances enforced by the City.

C. Not Applicable (N/A).

No findings need to be made because the code section at issue does not amend any building standard.
3 Section 2. Which Findings Apply to Which Amendments.

Amendments to the 2022 Edition of the California Building Standards Code are found reasonably necessary based on the condition cited within this Ordinance and Section 1 above or for an administrative process as follows.

Municipal Code Section –
California Building Standard Code Provision Applicable Finding

12.04.010
Building Code Adopted N/A

12.04.020
Administrative Provisions Adopted B

12.04.030 (CBC 1.8.8.1; 113)
Designation of Appeals Board B

12.08.010
Property Maintenance Code Adopted N/A

12.08.020 (IPMC 108)
Designation of Appeals Board B

12.12.010
Electrical Code Adopted N/A

12.12.020 (CEC 89.108.8)
Designation of Appeals Board B

12.16.010
Plumbing Code Adopted N/A

12.16.020 (CPC 1.8.8.1; 107.0)
Designation of Appeals Board B

12.20.010
Mechanical Code Adopted N/A

12.20.020 (CMC 1.8.8.1; 107.0)
Designation of Appeals Board B

12.28.010
Fire Code Adopted N/A

12.28.020 (CFC Section 111)
Designation of Appeals Board B

12.28.030 (CFC 112.4)
Penalties A & B

12.30.010
Residential Building Code Adopted N/A
4 12.30.020 (CRC 1.8.8.1; 112.1)
Designation of Appeals Board B

12.32.010
Energy Code Adopted N/A

12.44.010
Historical Building Code Adopted N/A

12.44.020 (CHBC 112)
Designation of Appeals Board B

12.48.010
Existing Building Code Adopted N/A

12.48.020 (CEBC 112)
Designation of Appeals Board B

12.50.010
Green Building Code Adopted N/A

12.51.010
Reference Standards Code Adopted N/A
CONSENT CALENDAR 8.K.

DATE: October 25, 2022
TO: Mayor and Members of the City Council
FROM: Rachel Ferguson, Human Resources Director
SUBJECT: ADOPT REOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE FIRST

AMENDMENT TO CPS HR CONSULTING AGREEMENT FOR HUMAN RESOURCES

CONSULTING SERVICES RELATED TO RECRUITING

RECOMMENDATION
Adopt Resolution authorizing the City Manager to execute a First Amendment to the Agreement with CPS HR Consulting which provides recruitment assistance to the Human Resources Department. The amendment will increase compensation by $55,000 to an amount not to exceed $105,000.

REASONS FOR RECOMMENDATION
Accepting this First Amendment to the CPS HR Consulting master agreement will allow the City to use CPS HR Consulting services to complete projects and meet necessary deadlines.

BACKGROUND AND DISCUSSION
The City of Vallejo has contracted with CPS HR Consulting to provide assistance with recruitment due to vacancies and turnover in the Human Resources Department. CPS HR Consulting is currently providing services to the City that are imperative and time-sensitive.

While efforts are being made to fill various positions to reduce the utilization of Consulting agencies, existing operational needs being met through CPS HR Consulting are on trend to exceed the original compensation limits of $50,000. The existing agreement with CPS HR Consulting will require an increase to the maximum compensation amount so as not to disrupt the current work being performed for the City through June 30, 2023. The First Amendment would increase compensation by $55,000 for a new not-to-exceed limit of $105,000. The First Amendment will also incorporate changes previously made to Exhibit A-2 of the Agreement titled Test Rental and Use Agreement. The parties previously signed the changes in a document entitled First Amendment to Test Rental and Use Agreement but did not incorporate those changes in the Agreement.

FISCAL IMPACT
There is no fiscal impact associated with the action because funding for these professional services is in the approved FY 22-23 Human Resources Department budget.

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

ATTACHMENTS

Date: October 25, 2022
Subject: ADOPT REOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE FIRST

AMENDMENT TO CPS HR CONSULTING AGREEMENT FOR HUMAN RESOURCES

CONSULTING SERVICES RELATED TO RECRUITING

Page 2 ends

1. 23-HR015 CPS HR CONSULTING Consultant and Professional Services Agreemen...

2. Staff Report_CPS Recruiting 10.11.22

3. CPS First Amendment DM 10.19.22 RJR Edits and Stamp

4. Resolution Approving First Amendment CPS HR CAO Stamp

5. Amendment to CPS HR - Test Rental 2 Year Agreement (002)

CONTACT
Rachel Ferguson, (707) 649-4852
[email protected]

CPS General - Consultant and Professional Services Agreement Page 1 of 8 Exhibit A – Scope of Work

EXHIBIT A

SCOPE OF WORK

1. Representatives. The City Representative for this Agreement is:

Dale Miller
Admin Analyst II
Human Resources
555 Santa Clara Street
Vallejo CA 94590
[email protected]
The Consultant’s Representative for this Agreement is:

Dimple Patel
Contract Coordinator
CPS HR Consulting
2450 Del Paso Road, Suite 220
Sacramento, CA 95834
916-471-3363
[email protected]
All routine administrative communications between the parties will be between the above named representatives and may be by personal delivery, mail, facsimile transmission, or electronic mail as agreed between the Consultant Representative and City’s Representative.

2. Services to be Provided . The services provided shall be as set forth in Attachment 1 of Exhibit A, attached hereto and incorporated herein by this reference.

3. Time for Performance. Consultant will perform the services according to the schedule contained in Attachment 1 of Exhibit A. If the schedule calls for the services to be performed in phases or discrete increments, Consultant shall not proceed from one phase or increment to the next without written authorization from the City’s Representative. Consultant will complete all services by June 30, 2023.

4. Key Personnel. All of the individuals identified below are necessary for the successful prosecution of the services due to their unique expertise and depth and breadth of experience. There shall be no change in the personnel listed below , without written approval of the City Representative. Consultant recognizes that the composition of this team was instrumental in the City’s decision to award the work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to b e granted. Any substitutes shall be DocuSign Envelope ID: 030DACBD-5640-4124-9501-C5D0282CD7AA

DATE: September 1, 2022
TO: Mayor and Members of the City Council
FROM: Rachel Ferguson, Human Resources Director, Catherine Nubla, Admin Analyst II

SUBJECT: SECOND AMENDMENT TO CPS HR CONSULTING AGREEMENT (Recruitment)

RECOMMENDATION
Authorize the City Manager to execute a Second Amendment to the Agreement with CPS HR Consulting which provides recruitment assistance to Human Resources. The amendment will increase compensation by $55,000 to an amount not to exceed $105,000.

REASONS FOR RECOMMENDATION
Accepting this Second Amendment to the CPS HR Consulting master agreement will allow the City to use CPS HR Consulting services to complete projects and meet necessary deadlines.

BACKGROUND AND DISCUSSION
The City of Vallejo has contracted with CPS HR Consulting to provide assistance with Recruiting in the absence of the Recruitment team Manager and various team members. CPS HR Consulting is currently providing services to the City that are imperative and time sensitive.

FISCAL IMPACT
There is no fiscal impact associated with the action because funding for professional services is approved by City Council during the budget process or by approved budget transfers as a result of salary and other line items savings throughout each fiscal year.

Funding for professional services in future fiscal years will be subject to the funding levels approved in the Date: September 1, 2022
Subject: SECOND AMENDMENT TO CPS HR CONSULTING AGREEMENT (23-HR015)

Page 2 ends

adopted budget. Increasing the maximum compensation allowable under the agreements with Beauchaine Consulting provides Human Resources with a means of utilizing consulting services for which they have already established funding.

ATTACHMENTS

1. 23-HR015 – CPS HR Consulting Agreement

2. CPS HR Consulting First Amendment

3. Cps HR Consulting Second Amendment

CONTACT
Rachel Ferguson, HR Director
(707) 648-4852
[email protected]

Approved as to form:

By: for
Veronica Nebb, City Attorney

FIRST AMENDMENT TO

CONSULTANT AND

PROFESSIONAL SERVICES

AGREEMENT BETWEEN

CITY OF VALLEJO
AND

CPS HR CONSULTING
This First Amendment (the “First Amendment”) to the Consultant and Professional Services Agreement (22-HR015) made and entered into on July 1, 2022 hereinafter referred to as “Agreement”, between Cooperative Peronnel Services, dba CPS HR Consulting, therein referred to as Consultant, and the City of Vallejo, a municipal corporation, therein referred to as City, is made and entered into on this 6 th day of October, 2022.

Consultant and City do mutually agree as follows:

1. Amendment to Compensation. Exhibit B, Section A of the Agreement is hereby amended to increase the not to exceed amount to $105,000.00.

2. Amendment to Exhibit A-2. Exhibit A-2 of the Agreement was previously amended by a document entitled “First Amendment to Test Rental and Use Agreement” which was executed by the City on October 4, 2022 and is hereby incorporated into the Agreement by this reference.

3. Integration. This First Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. This First Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Consultant shall perform all duties, obligations and conditions required under the Agreement.

4. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this First Amendment and the Agreement, the provisions of this First Amendment shall control in all respects.

5. Ambiguities. The parties have each carefully reviewed this First Amendment and have agreed to each term of this First Amendment. No ambiguity shall be presumed to be construed against either party.

6. Counterparts. This First Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.

7. Authority. The person signing this First Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Consultant.

IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing

CPS HR CONSULTING
a California Joint Powers Authority
BY:

Sandy MacDonald-Hopp
Chief Financial Officer
DATE:

CITY OF VALLEJO,
a municipal corporation
BY:

Michael Malone
City Manager
DATE:

ATTEST:

DAWN G. ABRAHAMSON
City Clerk
APPROVED AS TO CONTENT:

Rachel Ferguson
Human Resources Director
APPROVED AS TO FORM:

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

Armond Sarkis
Risk Manager
Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO.

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

CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO CONSULTANT AND

PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF VALLEJO AND CPS HR

CONSULTING
WHEREAS, On July 1, 2022, the City entered into a Consultant and Professional Services Agreement (the “Agreement”) with Cooperative Personnel Services, dba CPS HR Consulting (the “Consultant”) to provide Human Resources consulting services to the City; and WHEREAS, attached to the Agreement as Exhibit A-2 was a Test Rental and Use Agreement setting forth the services and pricing to be charged to the City by Consultant; and WHEREAS, On October 4, 2022, the City executed a First Amendment to Test Rental and Use Agreement but did not amend the Agreement to include the changes in Exhibit A-2; and WHEREAS, the City and the Consultant now desire to increase the not-to-exceed amount of the Agreement to $105,000 and to incorporate the First Amendment to Test Rental and Use Agreement into the Agreement (Exhibit A-2 of the Agreement).

NOW, THEREFORE, BE IT RESOLVED that the City Manager or designee be authorized on behalf of the City Council to execute a First Amendment to Consultant and Professional Services Agreement between the City of Vallejo and CPS HR Consulting.

VALL002 and CPS# – Amend 1 Page 1 of 6 September 28, 2022

First Amendment to Test Rental and Use Agreement

THIS FIRST AMENDMENT (this “Amendment”) is made by and between Cooperative Personnel Services dba CPS HR Consulting, (“CPS ”) located at 2450 Del Paso Rd., Ste. 220, Sacramento, California, 95834 and the City of Vallejo (Vall002) (“Client”) with offices at 555 Santa Clara Street, Vallejo CA 94590.

Whereas, CPS and Client have entered into the Agreement (as defined below); and

Whereas, CPS and Client desire to modify the Agreement on the terms and conditions set forth herein;

Now, therefore, CPS and Client agree as follows:

1. Definitions: The following definitions shall apply to this Amendment:

(a) Agreement. The term “Agreement” shall mean the Test Rental and Use Agreement dated 06/30/2023 by and between CPS and Client.

(b) Other Terms. Terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Agreement.

2. Modifications to the Agreement. The Agreement is hereby modified as follows:

Exhibit A is updated by the attached to reflect new authorized representatives, update contact information, and to remove representatives.

Exhibit B is updated with Exhibit B, Exhibit C and Exhibit D to reflect the new rates effective January 1, 2022.

3. Effective Date. The modifications set forth in Section 2 shall be effective on and after September 28, 2022.

4. Legal Effect. Except as expressly modified by this Amendment, all of the terms and conditions of the Agreement shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, CPS and CLIENT have executed this Amendment as of the date below.

Cooperative Personnel Services dba
CPS HR Consulting,
A California Joint Powers Authority
2450 Del Paso Rd., Ste. 220, Sacramento, CA 95834

By:

Authorized Signature

Name: Amy Bigone

Title: Test Rental Program Manager

Date:

City of Vallejo (Vall002)
555 Santa Clara Street
Vallejo CA 94590

By:

Authorized Signature

Name: Rachel Ferguson

Title: Human Resources Director

Date:

DocuSign Envelope ID: 0B98F6C9-219D-4A58-A159-3B9AAEA161AB 10/4/2022
10/5/2022

VALL002 and CPS# – Amend 1 Page 2 of 6 September 28, 2022

Exhibit A

I. Additional Authorized Representative(s) (use an additional page if needed) By signing as an A uthorized Representative, I affirm that I will handle all Test Materials provided by CPS under this Agreement in accordance with the terms of the CPS Test Rental Agreement then in effect.

Name, Title
Makayla Adams, Personnel Technician
Signature
E-mail Address
[email protected]
Phone Number
(707) 648-5402

Name, Title
Hajara Shabbir, Senior Personnel Analyst
Signature
E-mail Address
[email protected]
Phone Number
(707) 554-5914

Name, Title
Sukari Dixon, Personnel Analyst II
Signature
E-mail Address
[email protected]
Phone Number
(707) 648-4398

Name, Title
Martha Galo, Personnel Analyst I
Signature
E-mail Address
[email protected]
Phone Number
(707) 648-4365

Name, Title
Rachel Ferguson, Human Resources Director
Signature
E-mail Address
[email protected]
Phone Number
(707) 649-4852

Name, Title Signature
E-mail Address Phone Number

II. Representatives to Remove

Name Title

Name Title
DocuSign Envelope ID: 0B98F6C9-219D-4A58-A159-3B9AAEA161AB

VALL002 and CPS# – Amend 1 Page 3 of 6 September 28, 2022

DocuSign Envelope ID: 0B98F6C9-219D-4A58-A159-3B9AAEA161AB

VALL002 and CPS# – Amend 1 Page 4 of 6 September 28, 2022

Exhibit B
CPS HR Test Rental Division Rates
Effective January 2022 - Subject to Change

STOCK
TESTS*

SEMI-STOCK
TESTS
CUSTOM
TESTS
AGENCY
TESTS
Base Fee (per order) ‡ $295.00 $595.00 $995.00 $350.00
1-100 Candidates (per candidate) $9.00 $14.00 $15.00 $10.00 101-500 Candidates (per candidate) $8.50 $13.00 $14.00 $9.50 501+ Candidates (per candidate) $8.00 $12.00 $13.00 $9.00 New Item Writing/Entry N/A N/A $35 per item N/A
Pick Up/Handling 5% 5% 5% 5%
Standard Shipping/Handling ** 10% 10% 10% 10%
Expedited Shipping/Handling ** 15% 15% 15% 15%
Shipping outside contiguous U.S. 20% 20% 20% 20%

Entry-Level Law, Entry-Level Fire and Entry-Level Clerical Candidate Materials (available online through Candidate Resource Center) Online Preparation Manuals Online Practice Test
$3.00 if purchased by client
$5.00 if purchased by candidate
$10.00 if purchased by client
$15.00 if purchased by candidate

*CPS HR will apply a credit of $35.00 for each UNOPENED package of Stock Exams of test booklets on the current or future STOCK test orde r (see additional terms listed on F.6.).

**Standard shipping applies to orders placed at least 10 business days prior to test date. Expedited shipping applies to orders placed less than 10 business days prior to test date.

‡ Base fee includes the follo wing at no additional charge: Proctor’s Manual, Scoring Manual, CPS HR Scoring, CPS HR answer sheets and a scoring report.

Online Testing Option for Written Exams*
Stock Tests Semi-Stock Tests Agency Tests Custom Tests
Administrative Set Up Fee (per order) $95.00 $95.00 $95.00 $95.00 One Time Exam Set Up Fee N/A $595.00 $350.00 $995.00
Per Candidate Fee $15.00 $15.00 $15.00 $15.00
Title Change (optional) $25.00 N/A N/A N/A
Additional Supplement (optional) $50.00 N/A N/A N/A
* The one time set -up f ee will be applied for the first online administration of a semi -stock, agency or custom test.
* All exams must be administered in a proctored environment

DocuSign Envelope ID: 0B98F6C9-219D-4A58-A159-3B9AAEA161AB

VALL002 and CPS# – Amend 1 Page 5 of 6 September 28, 2022

Exhibit C
CPS HR Special Services
Effective January 2022 - Subject to Change

REMOTE PROCTOR SERVICES
Agency Price Candidate Price
Administrative Set Up Fee (per order) $75.00
1 hour test (per candidate) $22.50 $25.50
1 – 2 hour test (per candidate) $30.00 $33.00
2 – 3 hour test (per candidate) $38.75 $41.75
Over 3 hour test (per candidate) $47.50 $50.50
Take it Now Premium Scheduling (Additional Fee as applicable per candidate) $12.00 $12.00 Take It Soon Premium Scheduling (Additional Fee as applicable per candidate) $8.00 $8.00

SPECIAL SERVICES
Candidate Appeals Support $130 per hour
Cover Change – Stock Exams Only $100 base fee (unopened returned books will NOT qualify for a credit) Re-Scoring/Hand-Scoring of Answer Sheet $ 30.00 (Requested directly by Agency) Review Copies (Hardcopies sent via FedEx) $25.00 per order (online review copies are provided at no charge) Scoring Keys $10.00 per Overlay, Key Sheet provided at no additional cost Spanish Language Proficiency Oral Exam $295.00 Base Fee + $120 per candidate (Professional Scoring Included) Stock Supplements $ 2.00 per book when ordered with a Stock test Structured Interview Packages $595.00 Base Fee + $15.00 per candidate Supplemental Orders $25 base fee, candidate count fee, and shipping/handling Writing Proficiency Exam $ 350.00 Base Fee + $ 15.00 per candidate (Profession al Scoring included)
Non-specified special Services
CALL FOR DETAILS - Billed at the following rates
Consultant Time $130/hour
Technician Time $ 75/hour

DocuSign Envelope ID: 0B98F6C9-219D-4A58-A159-3B9AAEA161AB

VALL002 and CPS# – Amend 1 Page 6 of 6 September 28, 2022

Exhibit D

CPS HR On-line Skills Test Pricing Schedule
Effective January 2022 - Subject to Change

ONLINE SKILLS TEST
Single-Subject Test
Administrative Set Up Fee (per order) $95.00
Per Candidate Fee $15.00

DocuSign Envelope ID: 0B98F6C9-219D-4A58-A159-3B9AAEA161AB CONSENT CALENDAR 8.L.

DATE: October 25, 2022
TO: Mayor and Members of the City Council
FROM: Christina Ratcliffe, Planning and Development Services Director SUBJECT: ADOPT A RESOLUTION OVERTURNING THE PLANNING COMMISSION'S DENIAL OF AND APPROVING AMENDMENTS TO USE PERMIT (UP) #20-0008 FOR V-TOWN FARMS LOCATED AT 5184 SONOMA BOULEVARD, SUITE 300, AFTER FINDING THE

PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER GUIDELINES SECTION 15301, EXISTING FACILITIES

RECOMMENDATION
Adopt a Resolution approving Appeal (APP) #22-0001, overturning the Planning Commission denial and approving the amendments to Use Permit (UP) #20-0008, as conditioned for V-Town Farms at 5184 Sonoma Boulevard, Suite 300.

REASONS FOR RECOMMENDATION
At the close of the public hearing held on September 27, 2022, the City Council directed Staff to return with a resolution memorializing its decision approving the modifications to Use Permit (UP) #20-0008, as conditioned for V-Town Farms.

BACKGROUND AND DISCUSSION
On February 23, 2022, the Planning Commission held a public hearing to consider V-Town Farm's request to amend Major Use Permit (UP) #20-0008 to: (1) reduce the amount of the annual donation to non-profit agencies or schools within the City, and (2) excuse the applicant from the 60% window transparency requirement. The Planning Commission denied the amendment request by a 4-3 vote.

On March 3, 2022, Mr. Wesley, on behalf of V-Town Farms (Applicant), filed Appeal (APP) #22-0001 requesting that the City Council overturn the Planning Commission's denial of the Major Use Permit amendment request.

On May 10, 2022, the City Council held a duly noticed public hearing, received testimony, and continued the hearing to September 27, 2022. At the September 27th hearing, the Council overturned the Planning Commission's denial and approved the following two amendments to Use Permit (UP) #20-0008:

Condition of Approval No. 14: As offered by the Applicant, Applicant shall donate one percent of gross sales or a minimum of $100,000, whichever is greater, annually to local non-profit agencies or schools of Applicant’s choosing for the benefit of Vallejo residents. All non-profits shall be 501(c)(3) organizations. Applicant shall submit verification of donation amount and non-profit status of organizations on a quarterly basis to the satisfaction of the Finance Department.

Condition of Approval No. 40: The following requirements for windows shall apply:
a. No display of cannabis or cannabis product shall be permitted within 10 feet of a window. b. In lieu of the 60% transparency requirement, applicant shall maintain a minimum of two security guards on the premises 24/7. In addition, applicant shall install landscaping immediately adjacent to the

Date: October 25, 2022
Subject: ADOPT A RESOLUTION OVERTURNING THE PLANNING COMMISSION'S DENIAL OF AND APPROVING AMENDMENTS TO USE PERMIT (UP) #20-0008 FOR V-TOWN FARMS LOCATED AT 5184 SONOMA BOULEVARD, SUITE 300, AFTER FINDING

THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER GUIDELINES SECTION 15301, EXISTING FACILITIES

Page 2 ends

frontage of the building. A landscape and irrigation plan shall be submitted to the Planning Division for approval prior to installation and issuance of a Certificate of Occupancy. Plantings shall be maintained in good condition at all times.

All other conditions of approval for the Use Permit remain unchanged and in full force and effect.

FISCAL IMPACT
No fiscal impact is anticipated.

ENVIRONMENTAL REVIEW
Because the project involves modifications to the use permit for an existing retail cannabis use relating to 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”).

ATTACHMENTS

1. Attachment No. 1 CC Resolution 2022-10-25_mod. UP 20-0008_CAO Stamp

2. Exhibit A to Resolution; Amendments to UP 20-0008 COA

3. UP20-0008 Plans 2021-02-08 REDUCED

CONTACT
Christina Ratcliffe, Planning & Development Services Director (707) 648-4382 [email protected]
RESOLUTION NO. _____ N.C.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING APPEAL #22-0001, OVERTURNING THE PLANNING
COMMISSION’S DENIAL, AND APPROVING AMENDMENTS TO USE
PERMIT (UP) #20-0008 FOR V-TOWN FARMS LOCATED AT 5184 SONOMA BOULEVARD, SUITE 300, AFTER FINDING THE PROJECT EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PER GUIDELINES SECTION 15301, EXISTING FACILITIES
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 22, 2021, the City Council adopted a comprehensive amendment to the City’s zoning code, Title 16 of the Vallejo Municipal Code; and WHEREAS, on July 23, 2020, Chuck Wesley of Kolaboration Vallejo, LLC, filed a Major Use Permit application UP #20-0008 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; and
WHEREAS, on June 7, 2021, the City Council, upon appeal from the Planning Commission determination on UP #20-0008, held a duly noticed public hearing and approved UP #20-0008 with conditions; and
WHEREAS, on November 23, 2021, Chuck Wesley of Kolaboration Vallejo, LLC, filed a request to amend Major Use Permit application UP #20-0008; and WHEREAS, on February 23, 2022, the Planning Commission held a public hearing in consideration of the request to amend UP #20-0008. The Planning Commission denied the amendment request by 4-3 vote; and
WHEREAS, on March 3, 2022, Mr. Wesley, on behalf of Kolaboration Vallejo, LLC, filed Appeal (APP) #22-0001 requesting that the City Council overturn the Planning Commission denial of its request to amend the Use Permit; and WHEREAS, May 10, 2022, the Council held a duly noticed public hearing, received testimony, and continued the hearing to September 27, 2022; and

WHEREAS, at the September 27th hearing, Council directed Staff to return with a resolution memorializing its decision to approve the following modifications to the conditions of approval for Use Permit (UP) #20-0008:

14. As offered by the Applicant, Applicant shall donate annually one percent of gross sales or a minimum of $100,000, whichever is greater, to local non-profit agencies or schools of Applicant’s choosing for the benefit of Vallejo residents. Eligible donees shall be non-profit 501(c)(3) organizations or the City of Vallejo. Applicant shall submit on a quarterly basis, to the satisfaction of the Finance Department, verification of the donation amount to and non-profit status of the donee organizations.

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. In lieu of the 60% transparency requirement, applicant shall maintain a minimum of two security guards on the premises 24/7, one stationed inside and one stationed outside the building. In addition, applicant shall install landscaping immediately adjacent to the frontage of the building.

A landscape plan including irrigation shall be submitted to the Planning Division for approval prior to installation and issuance of the Certificate of Occupancy. Plantings shall be maintained by the applicant in good condition at all times.
; and
WHEREAS, all other conditions of approval to the Use Permit remain unchanged and in full force and effect; 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.

NOW THEREFORE, based on the Record set forth above, the City Council of the City of Vallejo 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 located within an existing shopping center, Meadows Plaza, in an existing building space. The project is not proposing expansion of the existing building space but rather involves only minor alterations to the exterior façade of the building, consistent with the examples set forth in Guidelines Section 15301 (a).

II. FINDINGS RELEVANT TO THE APPROVAL OF THE APPEAL
A. Applicant/Appellant’s Claim:

The Applicant overestimated demand for the product, and sales have been much lower than anticipated, therefore, he cannot afford to donate $600,000 annually, as previously offered and conditioned.

Applicant/Appellant offers instead to donate, on an annual basis, one percent of gross sales or a minimum of $100,000, whichever is greater, to local non-profit agencies or schools of Applicant’s choosing for the benefit of Vallejo residents. All non-profits shall be 501(c)(3) organizations. Applicant shall submit verification of donation amount and non-profit status of organizations on a quarterly basis to the satisfaction of the Finance Department.

Staff Response:

After holding a duly noticed public hearing and receiving testimony, the City Council concurs with the Applicant and condition #14 is amended as attached hereto in Exhibit A, incorporated herein by reference.

B. Applicant/Appellant Claim:

The 60% transparency (window) requirement is costly and two 24/7 security guards will suffice to ensure safety.

Staff Response:

After holding a duly noticed public hearing and receiving testimony, the City Council concurs with the applicant and condition #40 is amended with modifications as attached hereto in Exhibit A and incorporated herein by reference.

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

1. Based on the findings above, the evidence and testimony, both written and oral, presented at the City Council hearing and upon the Record as a whole, the City Council hereby APPROVES the appeal, OVERTURNS the Planning Commission’s denial, and APPROVES amendments to Use Permit (UP) 20-0008, subject to the Conditions of Approval attached hereto as Exhibit A, and in accordance with the plans attached hereto as Exhibit B.

Adopted by the City Council of the City of Vallejo at a regular meeting held on October 25, 2022 with the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________________

ROBERT MCCONNELL
City of Vallejo City Council
Attest:
________________________________________

DAWN ABRAHAMSON, CITY CLERK
City of Vallejo City Clerk

EXHIBIT A

CONDITIONS OF APPROVAL AS AMENDED BY THE CITY COUNCIL OF THE CITY OF VALLEJO ON OCTOBER 25, 2022
KOLABORATION VALLEJO, LLC, dba 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
Christina Ratcliffe | [email protected] | (707) 648-4382 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. 2 4. The premises shall be graffiti free. See Condition 43 for additional property maintenance requirements.

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- Town 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 3 cannabis business, adjacent tenant spaces, and public rights-of-way. (See Condition 43 for additional odor-control requirements).

14. As offered by the Applicant, Applicant shall donate one percent of gross sales or a minimum of $100,000, whichever is greater, annually to local non-profit agencies or schools of Applicant’s choosing for the benefit of Vallejo residents. Eligible donees shall be nonprofit 501(c)(3) organizations or the City of Vallejo. Applicant shall submit verification of donation amounts and non-profit status of organizations on a quarterly basis to the satisfaction of the Finance Department.

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 applicant/operator 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 4 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, 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.
5 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.

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. 6 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.

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.

7 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.
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. In lieu of 60% transparency requirement, applicant shall maintain a minimum of two security guards on the premises 24/7, one stationed inside and one stationed outside the building. In addition, applicant shall maintain landscaping immediately adjacent to the frontage of the building. Landscape plan and irrigation shall be submitted to Planning Division for approval prior to installation and Certificate of Occupancy.

Plantings shall be maintained by the applicant in good condition at all times.

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. 8 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.

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 façade 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
9 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 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 | [email protected] | (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 | [email protected] | (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”.
10 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-10BC 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 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. 11 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.
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.
12 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.
i. Amount in use-open systems.
j. Safety Data Sheets (SDS) 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 | [email protected] | (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 | [email protected] | (707) 644-8949

1. The applicant shall pay the applicable plan review fees prior to issuance of building permits.

Studio Benavente Architects 580 Lennon Lane Walnut Creek, CA 925.934.7778 V-TOWN FARMS: 5184 SONOMA BLVD, VALLEJO, CA

ARCHITECTURAL DESIGN REVIEW
Architect: John Rovai, Project Manager-Studio Benavente Architects-Walnut Creek-925-934-7778 [email protected]

V-TOWN FARMS 5184 SONOMA BLVD , VALLEJO, CA SITE PLAN

V-TOWN FARMS 5184 SONOMA BLVD, VALLEJO, CA
Studio Benavente Architects 580 Lennon Lane Walnut Creek, CA 925.934.7778 1ST FLOOR-AS-BUILT

V-TOWN FARMS 5184 SONOMA BLVD , VALLEJO, CA 2ND FLOOR-AS-BUILT Studio Benavente Architects 580 Lennon Lane Walnut Creek, CA 925.934.7778

Studio Benavente Architects 580 Lennon Lane Walnut Creek, CA 925.934.7778 V-TOWN FARMS 5184 SONOMA BLVD , VALLEJO, CA 1ST FLOOR: PROPOSED

Studio Benavente Architects 580 Lennon Lane Walnut Creek, CA 925.934.7778 V-TOWN FARMS 5184 SONOMA BLVD , VALLEJO, CA 2ND FLOOR: PROPOSED

Studio Benavente Architects 580 Lennon Lane Walnut Creek, CA 925.934.7778 West
East
V-TOWN FARMS 5184 SONOMA BLVD, VALLEJO, CA EXTERIOR ELEVATIONS

Studio Benavente Architects 580 Lennon Lane Walnut Creek, CA South
North
V-TOWN FARMS 5184 SONOMA BLVD , VALLEJO, CA EXTERIOR ELEVATIONS

Studio Benavente Architects 580 Lennon Lane Walnut Creek, CA 925.934.7778 V-TOWN FARMS 5184 SONOMA BLVD , VALLEJO, CA ADT SECURITY PLAN: PROPOSED

CONSENT CALENDAR 8.M.

DATE: October 25, 2022
TO: Mayor and Members of the City Council
FROM: Shawny K. Williams, Chief of Police
SUBJECT: ADOPT RESOLUTION ACCEPTING THE 2022 SELECTIVE TRAFFIC ENFORCEMENT

PROGRAM (STEP) GRANT AND GIVING NOTICE OF INTENT TO AMEND FISCAL YEAR 2022-23 FUND #146 BUDGET IN THE AMOUNT OF $150,000

RECOMMENDATION

1. Adopt a Resolution accepting a one-year California Office of Traffic Safety STEP grant awarding totaling $150,000.

2. As the first in a two-step process, accept notice of intent to amend the Fiscal Year 2022-23 Office of Traffic Safety Fund #146 budget to recognize revenue and appropriate expenditures in the amount of $150,000.

REASONS FOR RECOMMENDATION
Staff recommends acceptance of this grant revenue to fund drugged and drunk driving enforcement and education activities, focusing operations on impaired driving, distracted driving, primary collision factor violations, motorcycle safety, and pedestrian and bicycle safety. Newly added to this year's grant objectives includes funding for enforcement of street racing and sideshows. Other strategies funded may include public awareness, education programs, and training for law enforcement.

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

BACKGROUND AND DISCUSSION
The Vallejo Police Department has received a $150,000 grant award from the California Office of Traffic Safety (OTS) to continue enhancement of the City's ability to identify and apprehend persons driving under the influence of alcohol or drugs, and engage in a public awareness campaign to deter drugged and drunk driving.

Driving while under the influence of drugs and alcohol continues to be the leading cause of death, injury, and property damage throughout the State of California. Funds received from this grant will be used to pay personnel overtime, and purchase necessary equipment and supplies.

Objectives of the grant include:
 Participate and report data (as required) in the following campaigns: National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization, National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket

Date: October 25, 2022
Subject: ADOPT RESOLUTION ACCEPTING THE 2022 SELECTIVE TRAFFIC ENFORCEMENT

PROGRAM (STEP) GRANT AND GIVING NOTICE OF INTENT TO AMEND FISCAL YEAR 2022-23 FUND #146 BUDGET IN THE AMOUNT OF $150,000

Page 2 ends

Mobilization, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
 Develop and/or maintain a “DUI BOLO” program by December 31) to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly.  Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training.
 Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training.
 Send law enforcement personnel to the Drug Recognition Expert (DRE) training.  Conduct 4 DUI Checkpoints.
 Conduct 20 DUI Saturation Patrol operations.
 Conduct 4 specialized enforcement operations focusing specifically on street racing and sideshow activites.
 Conduct 16 Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
 Conduct 5 highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
 Conduct 2 highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers.
 Conduct 2 highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers.
 Conduct 2 Traffic Safety educational presentation(s) with an effort to reach community members. Note:

Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.

The grant period starts on October 1, 2022 and continues through September 30, 2023.

FISCAL IMPACT
The Vallejo Police Department will receive $150,000 in funding for expenditures on drugged and drunk driving enforcement and education activities. There is no cost share or match requirement for the grant.

There is no net fiscal impact on the General Fund as the proposed revenues received are equal to the proposed expenditure authorizations.

ATTACHMENTS

1. OTS Acceptance Resolution CAO Stamp

2. Grant Agreement - PT23191 - unsigned
Date: October 25, 2022
Subject: ADOPT RESOLUTION ACCEPTING THE 2022 SELECTIVE TRAFFIC ENFORCEMENT

PROGRAM (STEP) GRANT AND GIVING NOTICE OF INTENT TO AMEND FISCAL YEAR 2022-23 FUND #146 BUDGET IN THE AMOUNT OF $150,000

Page 3 ends

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

By: for
Veronica Nebb, City Attorney
RESOLUTION NO.___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO ACCEPTING A

ONE-YEAR GRANT FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY SELECTIVE

TRAFFIC ENFORCEMENT PROGRAM GRANT
WHEREAS, the City of Vallejo desires to participate in the California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant beginning October 1, 2022 for a period of one-year; and
WHEREAS, the City of Vallejo Police Department has been awarded a grant award totaling $150,000 to fund drugged and drunk driving enforcement, education activities, enforcement of street racing and sideshows, motorcycle safety, and distracted driving.

NOW, THEREFORE, BE IT RESOLVED that the City Manager or designee be authorized on behalf of the City Council to accept the grant award for this funding and sign the Grant Agreement with the California OTS, including any amendments thereof.

9/22/2022 3:11:32 PM Page 1 of 18

State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT23191

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Vallejo From:

To:
10/01/2022
09/30/2023 4. AGENCY UNIT TO ADMINISTER GRANT
Vallejo Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $150,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Jeffrey Tai

Sergeant

[email protected]

(707) 648-4461

111 Amador Street
Vallejo, CA 94590
ADDRESS: Shawny Williams

Chief of Police

[email protected]

(707) 648-4540

111 Amador Street
Vallejo, CA 94590
{{_es_signer2_signature}} {{_es_signer2_date}} {{_es_signer4_signature}} {{_es_signer4_date}} (Signature) (Date) (Signature) (Date)

C. FISCAL OFFICIAL

D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
ADDRESS: Bonnie Mirante

Administrative Analyst

[email protected]

(707) 648-5565

111 Amador Street
Vallejo, CA 94590
ADDRESS: Barbara Rooney

Director

[email protected]

(916) 509-3030

2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
{{_es_signer3_signature}} {{_es_signer3_date}} {{_es_signer6_signature}} {{_es_signer6_date}} (Signature) (Date) (Signature) (Date)

Sgt. J. Tai #599 (Sep 22, 2022 15:36 PDT)
Sgt. J. Tai #599
Sep 22, 2022
Bonnie L. Mirante (Sep 22, 2022 15:41 PDT)
Bonnie L. Mirante
Sep 22, 2022

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E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu

SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

SK9PBN6JTJB3

111 Amador St
Vallejo
94590-0006
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES
402PT-23 20.600 0521-0890-101 2022 43/22 BA/22 $75,000.00 164AL-23 20.608 0521-0890-101 2022 43/22 BA/22 $75,000.00

AGREEMENT
TOTAL $150,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$150,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE {{_es_signer5_signature}} {{_es_signer5_date}} $150,000.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT23191

1. PROBLEM STATEMENT
Vallejo is the largest city in Solano County and covers approximately 49 square miles. With a population of approximately 121,275 (2020 data), Vallejo is the tenth largest city in the San Francisco Bay Area. Traffic volume is extremely heavy throughout the City for several reasons including:

Business and commerce bring people into the City from other Bay Area communities.

Interstate 80 and Interstate 37 intersect in Vallejo, producing a very large volume of traffic during morning and evening commute hours, along with a steady traffic flow during non-commute hours.

Using data from the past three years, the City of Vallejo has faced and increase in fatal traffic collisions. In 2019 – 7 fatal crashes, 2020 – 9 fatal crashes, and in 2021 there were 10 fatal crashes. Over the same three-year period, the City of Vallejo has averaged 880 traffic collisions with an average of 365 collisions resulting in injuries (year 2019-863/378, year 2020-893/336, year 2021 – 884/383).

Using the same three years of crash data we have learned that every year, unsafe speed has ranked as one of the top three Primary Collision Factors (PCF) for the majority of the crashes in Vallejo. In 2019, unsafe speed was the PCF for 13.9% of the crashes. In 2020, unsafe speed was the PCF for 15.34% of the crashes. During that time, we had 137 crashes with unsafe speed as the PCF which resulted in 56 injuries.

In 2021, unsafe speed was the PCF for 13.57% of the crashes in the City of Vallejo, with 120 crashes, which resulted in 45 injuries with 1 being fatal. With the use of the new radar trailer we will utilize it in high traffic areas throughout the city. This radar trailer will allow us to relay traffic safety messages to the community, as well as, gather data for us to strategically deploy our limited resources to specific areas that are having the most problems with drivers traveling at an unsafe speed for conditions.

With a focused enforcement plan designed through a Selective Traffic Enforcement Program grant, the Department will be more successful in curbing the problems associated with drivers under the influence of alcohol and drugs, red light runners, distracted drivers, speeding vehicles, stop sign violations, other aggressive driving and increase pedestrian and bicyclist safety. While we have not yet developed any empirical data, it appears the proliferation of medical marijuana dispensaries (MMD) and recreational marijuana legalization in Vallejo and the surrounding

Side shows have rapidly become a huge problem for us since Vallejo is centrally located between the Bay Area and Sacramento Area. Routinely, side show enthusiasts regularly make it a point to stop in Vallejo to conduct side show activity within the city. Finally, with the departure of several veteran officers we have lost a lot of experience. The need to get our officers properly trained will result in stronger criminal cases and more confident officers in their ability to help rebuild the enforcement of DUI offenders.

We will also utilize OTS press releases and social media to help educate the public on the importance of driving safely. Finally, we will provide Vallejo Police Officers with more tools and training to help ensure officers have the most up to date training to enforce DUI laws.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

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12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
10 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 2 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 1

7. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
4 8. Conduct DUI Saturation Patrol operation(s). 20

9. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
16 10. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
5 11. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 2 12. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 2 13. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 14. Participate in highly visible collaborative DUI Enforcement operations. 1

15. Participate in highly visible collaborative Traffic Enforcement operations. 2

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16. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
1 17. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
4 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted this quarter.  All grant related purchases needed to implement the program should be made this quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The Hot Sheets may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

 Media RequirementsIssue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements

The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
 Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).

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 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT23191

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
164AL-23 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$75,000.00
402PT-23 20.600 State and Community Highway
Safety
$75,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS

Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-23 $10,000.00 4 $40,000.00
DUI Saturation Patrols 164AL-23 $1,500.00 20 $30,000.00 Collaborative DUI Enforcement 164AL-23 $2,700.00 1 $2,700.00 Traffic Enforcement 402PT-23 $1,500.00 16 $24,000.00
Distracted Driving 402PT-23 $1,500.00 5 $7,500.00
Motorcycle Safety 402PT-23 $1,500.00 2 $3,000.00
Pedestrian and Bicycle Enforcement 402PT-23 $1,500.00 2 $3,000.00 Traffic Safety Education 402PT-23 $400.00 2 $800.00
Street Racing and Sideshow Enforcement
Operations
402PT-23 $2,750.00 4 $11,000.00
Collaborative Traffic Enforcement 402PT-23 $1,500.00 2 $3,000.00 Category Sub-Total $125,000.00
B. TRAVEL EXPENSES
In State Travel 402PT-23 $2,700.00 1 $2,700.00
$0.00
Category Sub-Total $2,700.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
Changeable Message Sign Trailer with
Radar
402PT-23 $20,000.00 1 $20,000.00
Category Sub-Total $20,000.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-23 $2,300.00 1 $2,300.00
Category Sub-Total $2,300.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $150,000.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT23191

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.

Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
Changeable Message Sign Trailer with Radar-Fully equipped changeable message sign trailer(s) with a radar device and digital display that is portable and fully programmable and will determine and display the speed of vehicles or post traffic safety information and messages during OTS funded operations.

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT23191

CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 U.S.C. Chapter 4; Sec. 1906, Pub. L. 109-59, As Amended By Sec. 4011, Pub. L. 114-94)

The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.

Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
 23 U.S.C. Chapter 4 – Highway Safety Act of 1966, as amended  Sec. 1906, Pub. L. 109-59, as amended by Sec. 4011, Pub. L. 114-94  23 CFR part 1300 – Uniform Procedures for State Highway Safety Grant Programs  2 CFR part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
 2 CFR part 1201 – Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21;  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);  Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
 Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not);
 Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;
 Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and  Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100).

The Subgrantee-

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 Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally-assisted;  Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non- Discrimination Authorities identified in this Assurance;
 Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT’s or NHTSA’s access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority;
 Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non-Discrimination Authorities and this Assurance;  Agrees to insert in all contracts and funding agreements with other State or private entities the following clause:
o “During the performance of this contract/funding agreement, the contractor/funding recipient agrees—

a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 2l and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and
e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will –

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an

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employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted –

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements

The signed certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to all subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

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Instructions for Primary Tier Participant Certification (States)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.

You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default.

Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier Covered Transactions

(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment

9/22/2022 3:11:32 PM Page 15 of 18

rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

(2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

Instructions for Lower Tier Participant Certification

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.

You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

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Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions:

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA ACT
(applies to all subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

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INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS

1. Each agency is allowed a total of FIVE (5) GEMS Users.

2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims.

3. Complete the form if adding, removing or editing a GEMS user(s).

4. The Grant Director must sign this form and return it with the Grant Agreement.

CURRENT GEMS USER(S)

1. Teresa Flores
Title: Police Clerk Media Contact: No
Phone: (707) 648-4329
Email: [email protected]

2. Brittany Jackson
Title: Public Information Officer Media Contact: Yes
Phone: (707) 648-4321
Email: [email protected]

3. Bonnie Mirante
Title: Administrative Analyst Media Contact: No
Phone: (707) 648-5565
Email: [email protected]

4. Awab Monzoor
Title: Admin. Analyst 1 Media Contact: No
Phone: (707) 648-4321
Email: [email protected]

5. Jeffrey Tai
Title: Sergeant Media Contact: Yes
Phone: (707) 648-4461
Email: [email protected]

State of California – Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access Exhibit C

GRANT NUMBER
PT23191

GRANT DETAILS
Grant Number: PT23191
Agency Name: Vallejo Police Department
Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: $150,000.00
Authorizing Official: Shawny Williams
Fiscal Official: Bonnie Mirante
Grant Director: Jeffrey Tai

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Complete the below information if adding, removing or editing a GEMS user(s)

GEMS User 1
Add/Change {{[]c11_es_:signer1}} Remove Access {{[] c12_es_:signer1}}

Add as a media contact? Yes {{[]c1_es_:signer1}} No{{[]c2_es_:signer1}} {{UserName1_es_:signer1 }} {{UserTitle1_es_:signer1 }} Name Job Title
{{UserEmail1_es_:signer1 }} {{UserPhone1_es_:signer1 }} Email address Phone number
GEMS User 2
Add/Change {{[]c13_es_:signer1}} Remove Access {{[]c14_es_:signer1}}

Add as a media contact? Yes {{[]c3_es_:signer1}}No {{[]c4_es_:signer1}} {{UserName2_es_:signer1 }} {{UserTitle2_es_:signer1 }} Name Job Title
{{UserEmail2_es_:signer1 }} {{UserPhone2_es_:signer1 }} Email address Phone number
GEMS User 3
Add/Change {{[]c15_es_:signer1}} Remove Access {{[]c16_es_:signer1}}

Add as a media contact? Yes {{[]c5_es_:signer1}}No {{[]c6_es_:signer1}} {{UserName3_es_:signer1 }} {{UserTitle3_es_:signer1 }} Name Job Title
{{UserEmail3_es_:signer1 }} {{UserPhone3_es_:signer1 }} Email address Phone number
GEMS User 4
Add/Change {{[]c17_es_:signer1}} Remove Access {{[]c18_es_:signer1}}

Add as a media contact? Yes {{[]c8_es_:signer1}}No {{[]c7_es_:signer1}} {{UserName4_es_:signer1 }} {{UserTitle4_es_:signer1 }}

Name

Job Title
{{UserEmail4_es_:signer1 }} {{UserPhone4_es_:signer1 }} Email address Phone number
GEMS User 5
Add/Change {{[]c19_es_:signer1}} Remove Access {{[]c20_es_:signer1}}

Add as a media contact? Yes {{[]c9_es_:signer1}}No {{[]c10_es_:signer1}} {{UserName5_es_:signer1 }} {{UserTitle5_es_:signer1 }} Name Job Title
{{UserEmail5_es_:signer1 }} {{UserPhone5_es_:signer1 }}

Email address

Phone number
Form completed by: {{Sig_es_:signer1:signature}} Date: {{Dte1_es_:signer1:date}}

As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. {{Sig_es_:signer2:signature}} {{Name1_es_:signer2:fullname }} Signature Name
{{Dte2_es_:signer2:date}} Grant Director
Date Title

Sgt. J. Tai #599 (Sep 22, 2022 15:35 PDT)
Sgt. J. Tai #599
✔
Brittany Jackson
Public Information Officer
[email protected]
707-648-4321
✔
✔
Rashad Hollis
Public Information Officer
[email protected]
707-567-4233
Sep 22, 2022
Sgt. J. Tai #599 (Sep 22, 2022 15:36 PDT)
Sgt. J. Tai #599
Sgt. J. Tai #599
Sep 22, 2022
CONSENT CALENDAR 8.N.

DATE: October 25, 2022
TO: Mayor and Members of the City Council
FROM: Gillian Hayes, Assistant City Manager
Guy Ricca, Temporary Senior Community Development Analyst SUBJECT: ADOPT A RESOLUTION AUTHORIZING APPLICATION AND ADOPTION OF THE PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PLAN FOR THE 2021 PLHA FUNDING ALLOCATION, AND APPROVING AN AMENDMENT TO THE 2019-2023

PLHA FIVE YEAR PLAN

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to submit: (1) a grant application to, and receive funds from, the State of California Department of Housing and Community Development (HCD) for the 2021 Permanent Local Housing Allocation (PLHA) Program, including the 2021 PLHA funding allocation for Vallejo in the amount of $864,418; and (2) an amendment to the 2019-2023 PLHA Plan to State HCD, in order to provide additional funding to the Homeless Navigation Center Project.

REASONS FOR RECOMMENDATION
The City, as an Entitlement local government, is eligible to receive 2021 non-competitive funds in the amount of $864,418 for the third year of five consecutive years of funding through State HCD. These funds are designed to increase the affordable housing stock in local jurisdictions. Among the eligible activities are financing the development of affordable housing units, which is one of the most acute needs in the City of Vallejo, as projects often have financing gaps. Staff work with local affordable housing developers, and based on proforma and criteria for the area median income (AMI) of some residents of the City, the City Council is able to award funds to eligible projects, via low-interest loans, through the City's Housing and Community Development (HCD) Division. The PLHA grants program requires an approved and executed Resolution from the City Council to accompany the grant application, and any amendments.

BACKGROUND AND DISCUSSION
Pursuant to California Health and Safety Code Sections 50470 et seq., PLHA provides funding to local jurisdictions for assisting persons who are experiencing or are at-risk of homelessness, including, but not limited to, providing rapid rehousing; rental assistance; supportive/case management services that enable people to obtain and retain housing; operating and capital costs for navigation centers and emergency shelters; and the new construction, rehabilitation, and preservation of permanent and transitional housing.

Increasing the availability of affordable homes statewide is critical to bettering the quality of life of all Californians, and to ending homelessness. Beginning with the 2019-20 Budget Act, the State allocated $119,040,000 for all regions, cities, and counties to do their part by prioritizing planning activities that accelerate housing production.

The program specifies eligible activities, which must demonstrate a nexis between housing approvals and accelerating housing production, and demonstrate that the request is consistent with State planning or other priorities. Eligible activities include predevelopment, development, acquisition, rehabilitation, and preservation of affordable housing projects. Typical projects may be permanent supportive housing (PSH) for the homeless, such as the Vallejo PSH L. P. Project on Sacramento Street, other types of affordable housing

Date: October 25, 2022
Subject: ADOPT A RESOLUTION AUTHORIZING APPLICATION AND ADOPTION OF THE PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PLAN FOR THE 2021 PLHA FUNDING ALLOCATION, AND APPROVING AN AMENDMENT TO THE 2019-2023

PLHA FIVE YEAR PLAN

Page 2 ends

projects, workforce housing projects, or homeless navigation center projects.

State HCD has guidelines that describe application and administrative processes to implement the PLHA program. Recipients are responsible and accountable for ensuring that expenditures are appropriate, and that proper internal support documentation is maintained.

The City of Vallejo has met all of the criteria to apply for these non-competitive grant funds, and the City's HCD Division has completed the 2021 PLHA Application. A Resolution must be submitted to State HCD by the City Council, authorizing the City Manager to apply for and receive grant funds on behalf of the City. Applications are being accepted by State HCD through October 31, 2022.

Available Funding
Under the Five-Year PLHA Plan (2019-2023), the City is eligible to receive an estimated five-year funding amount of $3,032,214. For FY 2019, the City received $505,369; for FY 2020, the City received $785,500.

One hundred percent of the PLHA funding received (in Years 1 and 2) has been allocated by the City Council to the construction of a Homeless Navigation Center for Vallejo. All of the 2021 PLHA funding is currently scheduled to be allocated for Transitional Housing, according to the Five-Year Plan. However, the completion of the Navigation Center has been delayed, and the City has identified an estimated construction funding gap of over $2 million.

Five-Year PLHA Plan Amendment
State HCD allows the City to make revisions to its PLHA activities and projects during the period of the Five- Year Plan. However, any change of over ten percent between approved PLHA activities requires a formal amendment to the Five-Year Plan, which must be approved by State HCD, subject to and after adoption by the City Council.

Due to the current funding shortfall and the delay in the completion of the Navigation Center, staff recommends that the entire 2021 PLHA allocation of $864,418 be reallocated to Navigation Center construction.

FISCAL IMPACT
The City will receive 2021 State PLHA funding in the amount of $864,418, which may be used to provide additional funding for the Homeless Navigation Center Project. The City Council's action will have no impact on the General Fund.

ATTACHMENTS

1. Resolution for 2021 PLHA Allocation and Five-Year Plan Amendment 10 25 2022 CAO Stamp

2. 2022 PLHA Formula Allocation Streamlined Application

3. PLHA Five-Year Plan Amendment

PLHA FIVE YEAR PLAN

Page 3 ends

CONTACT
Mike Malone, City Manager, (707) 648-4308
[email protected]

Approved as to form:

By: for
Veronica Nebb, City Attorney

CITY OF VALLEJO CITY COUNCIL
RESOLUTION NO. ______

A RESOLUTION OF THE VALLEJO CITY COUNCIL

AUTHORIZING AN APPLICATION FOR, AND RECEIPT OF,

PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PROGRAM

FUNDING FOR, AND APPROVING AN AMENDMENT TO THE
CITY’S 2019-2023 PLHA FIVE-YEAR PLAN

AUTHORIZING RESOLUTION

A necessary quorum and majority of the City Council of the City of Vallejo (“Applicant”) hereby consents to, adopts, and ratifies the following Resolution:

WHEREAS, the State of California (the “State”) Department of Housing and Community Development ((“Department”) is authorized to provide up to $195 million under the Senate Bill (SB) 2 Permanent Local Housing Allocation (“PLHA”) Program Formula Component from the Building Homes and Jobs Trust Fund for Assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq, (Chapter 364, Statues of 2017 (SB 2)).

WHEREAS, the State Department issued a Notice of Funding Availability (“NOFA”) dated August 17, 2022 under the PLHA Program.

WHEREAS, Applicant is an eligible Local Government applying for the Program to administer one or more eligible Activities, or a Local or Regional Housing Trust Fund to whom an eligible Local Government delegated its PLHA formula allocation.

WHEREAS, the Department may approve funding allocations for the PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients.

WHEREAS, the Department allows the City to make revisions to its PLHA Activities and Projects during the period of the 2019-2023 PLHA Five-Year Plan, and any change of over ten percent between approved PLHA Activities requires a formal Amendment to the Five-Year Plan, which must be approved by the Department, subject to and after adoption by the City Council.

WHEREAS, the City Council wishes to make an Amendment to its Five-Year Plan of over ten percent.

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

1. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable State and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

2. Applicant is hereby authorized and directed to receive a 2021 PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA, of $864,418.00, in accordance with all applicable rules and laws.

3. Applicant agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules, and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.

4. Pursuant to Applicant’s certification in this Resolution, the PLHA funds will be expended only for eligible Activities and consistent with all Program requirements.

5. Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects, Applicant shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A), (B), and (C).

6. Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local Government shall make PLHA assistance available in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement that shall restrict occupancy and rents In accordance with a Local Government-approved underwriting of the Project, for a term of at least 55 years,

7. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines, and any other applicable SB 2 Guidelines published by the Department.

8.The City Council of the City of Vallejo authorizes the City Manager, Michael Malone, to execute the PLHA Program Application, the PLHA Standard Agreement, an Amendment to the City’s 2019-2023 Five-Year PLHA Plan reallocating the entire 2021 funding amount of $864,418 to the construction of a Homeless Navigation Center, and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.

PASSED AND ADOPTED by the City Council of the City of Vallejo at a regular meeting held on October 25, 2022 by the following vote:

AYES: __________
NOES: __________
ABSENT: __________
ABSTAIN: __________
________________________________________
ROBERT H. McCONNELL, MAYOR
City of Vallejo City Council

________________________________________
Signature of Approving Officer
MICHAEL MALONE, City Manager
CERTIFICATE OF THE ATTESTING OFFICER:

The undersigned, Officer Dawn G. Abrahamson, City Clerk, does hereby attest and certify that the foregoing/attached Resolution is a true, full, and correct copy of a Resolution duly adopted at a meeting of the City of Vallejo City Council which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

ATTEST:
________________________________________
Signature of Attesting Officer
DAWN G. ABRAHAMSON, CITY CLERK
Final Filing Date: October 31, 2022
at 4:00 P.M. PST
Permanent Local Housing Allocation
(PLHA) Formula Allocation
Application Form for Previous Awardees
State of California
Governor, Gavin Newsom
Lourdes Castro Ramírez, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
Department of Housing and Community Development
Program Design and Implementation, PLHA Program
2020 West El Camino Avenue, Suite 150, Sacramento, CA 95833 PLHA Program Email: [email protected]

Address:

Has applicant received their 2021 NOFA funds? No Based on the requirements in guideline section 300(e), how much has the applicant committed?
Contact Phone:

VallejoCity:
555 Santa Clara Street
Yes
Zip Code:
707-648-4308
State:
§302(a) Housing Element compliance: Applicant and Delegating Local Government's if applicable Housing Element was adopted by the Local Government’s governing body by the application submittal date and subsequently determined to be in substantial compliance with state Housing Element Law pursuant to Government Code Section 65585.

Vallejo
Yes
Contact Name:

City:Address:
555 Santa Clara StreetAddress:

Gillian Hayes
§300(e) Applicant does not have uncommitted PLHA funds greater than permitted by Section 300(e). §503(b) Applicant has submitted the PLHA Annual Report by July 31, 2021 (if applying before July 31, 2022), or has submitted the PLHA Annual Report due by July 31, 2022 (if applying on or after July 31, 2022).

Date
Certifications
Michael Malone
Authorized Representative Printed Name
City Manager
Title
On behalf of the entity identified below, I certify that: The information, statements and attachments included in this application are, to the best of my knowledge and belief, true and correct and I possess the legal authority to submit this application on behalf of the entity identified in the signature block.

Signature
File Name:Reuse Plan Program Income Reuse Plan describing how repaid loans or accrued interest will be used for eligible activities in Section 301.

Narrative uploaded
to HCD?
CA
County:

Contact Email:

City Manager
555 Santa Clara Street
707-648-4163
Vallejo
[email protected] Rep. Email: Phone:
§302(c)(5) Applicant certifies that the Plan has not reallocated more than 10 percent of funds among Activities from the approved 5-year Plan included in the PLHA program Standard Agreement, Exhibit E.

N/A§302(c)(8) If a program income reuse plan was not submitted with the 2020 application, has Applicant attached a program income reuse plan describing how repaid loans and/or accrued interest will be reused for eligible activities specified in Section 301? Local Government Formula Allocation Rev. 2/17/22
This streamlined application form is limited to Applicants who applied for and received an award from the 2020 and/or 2021 Formula Allocation NOFA.

CA Zip: 94590 SolanoState:
§302(c)(2) Applicant certifies that submission of the application was authorized by the governing board of the Applicant.

Threshold Requirements
Title:
94590
§302(b) Applicant and Delegating Local Government have submitted the current or prior year's Annual Progress Report to the Department of Housing and Community Development pursuant to Government Code Section 65400. Yes Did Applicant receive an award from the 2020 and/or 2021 Formula Allocation NOFA? Title: Assistant City Manager
State: CA
Eligible Applicant Type: Entitlement
Local Government Recipient of PLHA Formula Allocation: Vallejo 2021 PLHA NOFA Formula Allocation Amount: Allowable Local Admin (5%): $39,275.00$785,500 Zip Code:

Instructions: If the Local Government Recipient of the PLHA Formula Allocation delegated its PLHA formula allocation to another Local Government in its 2020 application, the Applicant (for which information is required below) continues to be the administering Local Government, which received the award. The PLHA award will be made to the Applicant (upon meeting threshold requirements) and the Applicant is responsible for meeting all program requirements throughout the term of the Standard Agreement.

Eligible Applicants §300
94590
Auth Rep Name:

[email protected]
§300(a) and (b) Eligible Applicants for the Entitlement and Non-Entitlement formula component described in Section §100(b)(1) and (2) are limited to the metropolitan cities and urban counties allocated a grant for the federal fiscal year 2017 pursuant to the federal CDBG formula specified in 42 USC, Section §5306 and Non-entitlement local governments.

Applicant: City of Vallejo
Michael Malone
City:
2022 PLHA NOFA Formula Allocation Amount: $864,418 Allowable Local Admin (5%): $43,220.00 Which NOFA year(s) are you applying for with this application? PLHA Page 1 Formula Allocation Application
§301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
§302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.

In the 2019 Housing Element Annual Progress Report, (1) there is a program to fund homeless shelters; the City plans to use 80 percent of its PLHA funding for this activity; and (2) a program to assist in the creation of new affordable single fmily family homes; the City plans to use twenty percent of its PLHA funding for this activity. This Plan is consistent with City of Vallejo Housing Element Programs D1.1.1.

D1.1.2, and D.1.1.3: Homeownership; and E.1.1.3, and E.1.1.4: Homelessness. §301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-,very low-, low-, or moderate- income households, including necessary Operating subsidies. §302(c)(4) Plan Rev. 5/7/21
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.

The City of Vallejo plans to use PLHA funds for three activities during the five year period, for: (1) construction of a Homeless Navigation Center for up to 125 homeless residents in a non-congregate facility that will provide shelter, case management, medical, and other services; (2) operation of an Interim/Bridge Housing Project for up to 85 homeless residents that will provide a path to permanent housing with supportive services, housing navigation, and medical care; and (3) Down Payment Assistance for First Time Homebuyers to help renters create a sustainable and stable housing expense. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI).

PLHA funds will be used to serve homeless individuals, and individuals at risk of homelessness, through the Navigation Center and Interim/Bridge Housing Projects, which will be occupied by households with extremely low incomes of no more than fifteen to 30 percent of the area median income (AMI); and a First Time Homebuyer Assistance Program, which will be restricted to households at no more than 120 percent AMI.

Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301)) §301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. §301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds.

Fifty percent of PLHA funds allocated in Year 2023 will be dedicated to the acquisition of a site for the construction of rental housing that will be affordable to low income households.

Complete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting). §302(c)(4)(E)(i) Percentage of
Funds Allocated for the
Proposed Activity
100.00% 100.00% 100.00% 100.00% 50.00%
Funding Allocation Year 2019 2020 2021 2022 2023
Navigation
Center
Transitiona
l
Homebuye
r
Assistance
TOTAL§302(c)(4)(E)(ii) Area Median
Income Level Served 15% 15%
§301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. §301(a)(5) Capitalized Reserves for Services connected to the preservation and creation of new permanent supportive housing. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for the proposed Activity. §302(c)(4)(E)(ii) Unmet share of
the RHNA at AMI Level
Note: complete for year 2019
& 2020 only
0 0 0
15% 15%
Type of Activity for Persons
Experiencing or At Risk of
Homelessness
Navigation
Center
Navigation
Center
PLHA Page 1 302(c)(4) Plan
§301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing.

The Doiwn Payment Assistance Program application period will llaunch at the start of Year 2023. Fifty percent of PLHA funds will be used to provide down payment assistance loans to five low income first time homebuyers.
629
§302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Activity (55 years required for
rental housing projects)
30 30 30 30 15
§302(c)(4)(E)(ii) Projected
Number of Households Served 0 0 500 85 44
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity. §301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. §301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. §301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project.

PLHA Page 2 302(c)(4) Plan
ACTION ITEM 9.A.

DATE: October 25, 2022
TO: Mayor and Members of the City Council
FROM: Dawn G. Abrahamson, City Clerk
SUBJECT: ADOPT RESOLUTION MAKING APPOINTMENTS TO THE BEAUTIFICATION AND

HOUSING & COMMUNITY DEVELOPMENT COMMISSIONS, DESIGN REVIEW BOARD,

AND THE PARTICIPATORY BUDGETING STEERING COMMITTEE (PBSC)

RECOMMENDATION
Adopt a resolution making the following appointments:

1. An appointment to the Beautification Commission - 1 vacancy

2. An appointment to the Design Review Board - 1 vacancy

3. An appointment to the Housing & Community Development Commission - 1 vacancy

4. Appointments to the PBSC - 3 member and 3 alternate vacancies

REASONS FOR RECOMMENDATION
A number of vacancies and term expirations on City Commissions exist. Interviews were conducted at a Special City Council meeting held October 18, 2022. The majority of the applicants attended and participated in the interviews. According to the City Council's procedure for selecting commissioners, appointments shall be made at the next regular meeting following the conclusion of the special meeting, which is tonight's meeting. Vacancies still exist on the following city advisory bodies: Economic Vitality Commission, Housing Authority for 1 tenant member, and the Human Relations Commission. Applications are open for interested members of the Vallejo community to apply https://www.cityofvallejo.net/cms/one.aspx?pageId=17871653.

BACKGROUND AND DISCUSSION
On May 13, 2022, a press release was issued to advise the public concerning a number of vacancies on City boards and commissions and for seats held by members whose terms expired on June 30, 2022. The notice was posted on the City's various social media platforms. The application filing period closed on June 3 and while the City Clerk's Office was successful in receiving applications for some of the vacancies for City Commissions, a number remained vacant. Staff reopened the application filing period for 5 City Commissions, the Solano County Library Advisory Council and the SolTrans Public Advisory Committee until a sufficient number have been received.

Applicant interviews were conducted by the Council on October 18, 2022 for 4 City boards, commissions or committees. The majority of applicants attended and participated in the interviews. Applicants must attend and be interviewed in order to be considered for appointment. Applicants who participated in the interviews are presented to the City Council for consideration.

Copies of applications for these commissions have been provided to the Mayor and City Council and copies are available for review in the Office of the City Clerk.

Date: October 25, 2022
Subject: ADOPT RESOLUTION MAKING APPOINTMENTS TO THE BEAUTIFICATION AND

HOUSING & COMMUNITY DEVELOPMENT COMMISSIONS, DESIGN REVIEW

BOARD, AND THE PARTICIPATORY BUDGETING STEERING COMMITTEE (PBSC)

Page 2 ends

Beautification Commission
Chapter 2.39 of the Vallejo Municipal Code provides for a Beautification Commission to consist of seven members who shall be residents of the City. Presently there is one vacancy with a term expiring on June 30, 2026. Two applications were received and both applicants attended and participated in the interviews with the City Council on October 18. Both applicants are presented to the City Council for its consideration. If the City Council chooses to appoint an applicant to fill the vacancy, it is recommended that the term commence from the date of appointment and expire on June 30, 2026.

Design Review Board
Chapter 2.59 of the Vallejo Municipal Code provides for a Design Review Board to consist of five members. All board members shall have their primary residence or primary place of employment within the Vallejo city limits. A minimum of 4 board members shall have their primary residence within the city limits. All board members shall have a demonstrated competence and interest in architecture, landscape, architecture or urban design through education, training or experience. This includes, but is not limited to, an understanding of design principles and the ability to read, analyze and interpret architectural and site plans. It is the intent that a majority of board members have experience as professional architects, landscape architects or urban planners with a substantial background in urban design.

Presently there is one vacancy due to a term expiring June 30, 2022. Two applications were received and one applicant attended and participated in the interviews with the City Council on October 18. The other applicant is currently serving on the DRB and was unable to participate in the interviews due to a prior commitment and planned medical procedure. The applicants are presented to the City Council for its consideration. If the City Council chooses to appoint an applicant to fill the vacancy, it is recommended that the term commence from the date of appointment and expire on June 30, 2026.

Housing & Community Development Commission
Chapter 2.46 of the Vallejo Municipal Code currently provides for an HCDC to consist of seven members who shall be either residents of the City.

Presently there is one vacancy with a term expiring on June 30, 2024. Two applications were received and both applicants attended and participated in the interviews with the City Council held on October 18. Both applicants are presented to the City Council for its consideration. If the City Council chooses to appoint an applicant to fill the vacancy,it is recommended that the term commence from date of appointment and expire on June 30, 2024.

Participatory Budgeting Steering Committee
The PBSC collaborates with staff to facilitate the PB process, which includes recommending process guidelines and project eligibility, conducting outreach with diverse communities, and evaluating the PB process. Members meet with staff once a month to ensure that PB is transparent, fair and inclusive. The committee has 11 seats, comprised of organizational and at-large members. Committee members serve for two, 12-month cycles of Vallejo's PB process.

Presently there are 3 member and 3 alternate vacancies. Four applications were received for Council consideration and three applicants attended and participated in the interviews with the City Council on October

18. Two of the applicants are at-large applicants and one represents an organization. The three are presented to the City Council for its consideration. If the City Council chooses to make appointments to fill the vacancies, Council will need to determine if the applicants will fill the 3 member vacancies or serve in an alternate position. Terms shall be made to commence from date of appointment and expire on June 30, 2024.

Staff will continue its efforts to solicit interested applicants for the remaining vacancies on the Economic Date: October 25, 2022
Subject: ADOPT RESOLUTION MAKING APPOINTMENTS TO THE BEAUTIFICATION AND

HOUSING & COMMUNITY DEVELOPMENT COMMISSIONS, DESIGN REVIEW

BOARD, AND THE PARTICIPATORY BUDGETING STEERING COMMITTEE (PBSC)

Page 3 ends

Vitality Commission, Human Relations Commission, Housing Authority Board of Commissioners - tenant commissioner, the SolTrans Public Advisory Committee, and the Solano County Library Advisory Council - Vallejo representative. Additional vacancies will occur December 31, 2022 due to term expirations and applications for these advisory bodies will be available on the City's website early to mid November.

Pursuant to the City Council's procedure for selecting commissioners, only interviews were conducted at the special meeting on October 18. Appointments to these advisory bodies are before the City Council this evening for consideration.

FISCAL IMPACT
There is no fiscal impact associated with filling vacancies to standing commissions.

ATTACHMENTS

1. Making Appointments to Various Commissions_102522 CAO Stamp (1)

2. List of Eligible Applicants_102522

CONTACT
Dawn G. Abrahamson, City Clerk (707) 648-4527
[email protected]
Approved as to form:

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

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

APPOINTMENTS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITEES WHEREAS, the Vallejo City Council has established various boards and commissions and such boards may be advisory, policy, appellate and/or rule making; and WHEREAS, members of these boards, committees, and commissions shall be appointed by the City Council and vacancies shall be filled for the unexpired portion of the term in the same manner as the original appointment pursuant to the Vallejo Municipal Code; and WHEREAS, section 2.26.030 of the Vallejo Municipal Code provides that the term of office of each member appointed by the City Council shall be for four years, except as otherwise provided by ordinance or resolution, and that terms of members shall be staggered so that the number of terms expiring annually shall be approximately equal; and WHEREAS, there currently exist vacancies on the boards and commissions, and WHEREAS, pursuant to section 2.02.350 of the Vallejo Municipal Code, the City Clerk has published notices of these vacancies, received applications of interest, and delivered to the City Council all applications submitted; and
WHEREAS, the City Council reviewed the applications submitted and has conducted interviews.

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

The following person is appointed to the Beautification Commission – 1 vacancy (term to expire 6/30/26):

1. ___________________________– term to expire 6/30/26
The following person is appointed to the Design Review Board – 1 vacancy (term to expire 6/30/26):

1. ___________________________ – term to expire 6/30/26 The following person is appointed to the Housing & Community Development Commission – 1 vacancy (term to expire 6/30/24):

1. ____________________________ - term to expire 6/30/24 The following persons are appointed to the Participatory Budgeting Steering Committee – 3 member and 3 alternate vacancies (all terms to expire 6/30/24)

1. __________________________ – term to expire 6/30/24

2. __________________________ – term to expire 6/30/24

3. __________________________ - term to expire 6/30/24
Adopted by the City Council of the City of Vallejo at a regular meeting held on October 25, 2022 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
_________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
*Current Commissioner
List of Eligible Applicants
Beautification Commission – 1 vacancy (term to expire 6/30/26) Kiesha Douglas
Sara Wright
Design Review Board – 1 vacancy (term to expire 6/30/26) Loretta Gaddies
*Adam Chavez
Housing & Community Development Commission – 1 vacancy (term to expire 6/30/24) Amelia Shoulders
Brad Beltane
Participatory Budgeting Steering Committee – 3 member and 3 alternate vacancies (terms to expire 6/30/24)
Andrew Houston (At-Large)
Cynthia Allen (primary) and Paul Kirsh (alternate) (Organization-Vallejo Project) Loretta Gaddies (At-Large)
INFORMATIONAL ITEM 10.B.

DATE: October 25, 2022
TO: Mayor and Members of the City Council
FROM: Naveed Ashraf, Chief Innovation Officer & IT Director SUBJECT: PRESENTATION TO CITY COUNCIL OF SURVEILLANCE ADVISORY BOARD RECOMMENDATION RESOLUTIONS: 1) RESOLUTION RECOMMENDING

DEPLOYMENT OF THE MAV TECHNOLOGY AND IMPLEMENTATION OF THE MAV POLICY; 2) RESOLUTION RECOMMENDING AGAINST DEPLOYMENT OF THE FLOCK GUNSHOT DETECTION SYSTEM; AND 3) RESOLUTION RECOMMENDING THAT THE

CITY COUNCIL MODIFY THE MEETING SCHEDULE OF THE SURVEILLANCE

ADVISORY BOARD AND POSSIBLY PROVIDE DIRECTION AS TO FUTURE AGENDA

ITEMS RELATING THERETO

RECOMMENDATION
Present the City Council with the 3 resolutions recommended by the Surveillance Advisory Board (SAB) and provide any direction desired for future agenda items to be scheduled.

REASONS FOR RECOMMENDATION
Present to the City Council the recommendations of the Surveillance Advisory Board (SAB) in an open public meeting.

BACKGROUND AND DISCUSSION
The Surveillance Advisory Board (SAB) was established by the City Council in 2021. The advisory board consists of 7 board members. The 7 board members are as follows:

1. Naomi Yun (Chair) (At-Large appointed by Council Member Brown)

2. Andrea Sorce (Vice-Chair) (At-Large appointed by the Mayor)

3. Philip Balbuena (District 3)

4. Michael McMillian (District 1)

5. Adam Bregenzer (At-Large appointed by Council Member Dew)

6. Brooke Reddell (District 6)

7. Lisa Chen (At-Large appointed by Council Member Miessner)

The board meets every-other third Thursday of the month. Since its formation, the board has met 6 times on the following dates:

1. April 21, 2022 (Regular Meeting)

2. June 9, 2022 (Special Meeting)

3. June 29, 2022 (Regular Meeting)

4. July 13, 2022 (Special Meeting)

5. September 6, 2022 (Special Meeting)

6. September 15, 2022 (Regular Meeting)

Date: October 25, 2022
Subject: PRESENTATION TO CITY COUNCIL OF SURVEILLANCE ADVISORY BOARD RECOMMENDATION RESOLUTIONS: 1) RESOLUTION RECOMMENDING

DEPLOYMENT OF THE MAV TECHNOLOGY AND IMPLEMENTATION OF THE MAV POLICY; 2) RESOLUTION RECOMMENDING AGAINST DEPLOYMENT OF THE FLOCK GUNSHOT DETECTION SYSTEM; AND 3) RESOLUTION

RECOMMENDING THAT THE CITY COUNCIL MODIFY THE MEETING

SCHEDULE OF THE SURVEILLANCE ADVISORY BOARD AND POSSIBLY

PROVIDE DIRECTION AS TO FUTURE AGENDA ITEMS RELATING THERETO

Page 2 ends

The board has deliberated and reviewed two technology recommendations from the Police Chief. Through these deliberations, the board adopted three 3 resolutions with recommendations for consideration by the City Council. Those resolutions and recommendations are being presented to the City Council as an information Item today. Council may direct staff to take further action on these recommendations. The three resolutions are as follows:

1. Resolution 001-2022. Recommending the deployment of MAV (Mobile Auditory Video) technology recommended by the Police Department and implementation of the MAV policy as submitted by the Chief of Police.

2. Resolution 002-2022. Recommending against the deployment of the Flock gunshot detection system.

3. Resolution 003-2022. Recommending that the City Council modify the meeting schedule for the Surveillance Advisory Board.

The above 3 resolutions are being presented to the City Council in an open public meeting. Direction and possible action relating to the second and the third resolutions, if desired by the Council will be brought back to the City Council in the future as possible action items.

FISCAL IMPACT
There is no fiscal impact on the general fund resulting from this informational item.

ATTACHMENTS

1. SAB-RESO-01-2022-MAV

2. SAB-RESO-02-2022-GUNSHOT-DETECTION

3. SAB-RESO-03-2022-MEETING-CHANGE

CONTACT
Naveed Ashraf, Chief Innovation Officer & IT Director (707) 648-5200 [email protected]
SAB RESOLUTION NO. _____001-2022___

A RESOLUTION OF THE CITY OF VALLEJO SURVEILLANCE ADVISORY BOARD

RECOMMENDING THE DEPLOYMENT OF THE MAV TECHNOLOGY REQUESTED BY THE

VALLEJO POLICE DEPARTMENT AND IMPLEMENTATION OF THE MAV POLICY AS

SUBMITTED BY THE CHIEF OF POLICE

WHEREAS, the City of Vallejo Surveillance Advisory Board (“Board”) has been tasked with reviewing the deployment of surveillance technology by City Departments and associated policies and making recommendations to the Department Head with cop ies to the City Council, City Manager and City Attorney; and

WHEREAS, the Chief of Police of the City of Vallejo has submitted a staff report and a proposed policy for the deployment MAV technology in Police Department automobiles as well as a policy for use of the MAV technology; and

WHEREAS, the Chief of Police is requesting that the Board recommend the deployment of the MAV technology in Police Department automobiles and the implementation of the policy submitted to the Board for review; and

WHEREAS, the Board has reviewed the staff report and draft policy submitted to it by the Chief of Police related to the MAV policy and has had an opportunity to ask questions of and hear comments from the Chief of Police.

NOW, THEREFORE, B E IT RESOLVED that the Board of Directors of the City of Vallejo Surveillance Advisory Board recommends the deployment of the MAV technology in Police Department automobiles.

BE IT FURTHER RESOLVED that the Board, after reviewing the policy for the use of the MAV technology, finds the policy to be appropriate with the following modifications and hereby recommends implementation of the policy, as modified:

1. Amend Section 421.4.1(a) by adding a new subparagraph (4), to read as follows:

“All field contacts involving actual or potential criminal conduct within video or audio range, these include but are not limited to:

(1) All enfo rcement and investigative contacts including stops and field interview (F1) situations

(2) Traffic stops including, but not limited to, traffic violations, stranded motorist assistance and all crime interdiction stops

(3) Self-initiated activity in which a member would normally notify the Communications Center

(4) Whenever a member’s gun rack is opened “

DocuSign Envelope ID: 2B2CA2CB-34B1-414F-8584-6FBEDC32DE7A

2. Amend Section 421.7 by deleting the last paragraph of that Section entitled “Mobile Audio Video” in its entirety.

3. Amend Section 421.8 subparagraph (d) to read as follows:

“Officers shall not erase, alter, modify, or tamper with MAV recordings.”

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

DocuSign Envelope ID: 2B2CA2CB-34B1-414F-8584-6FBEDC32DE7A Adopted by the Board of Directors of the City of Vallejo Surveillance Advisory Board at a special meeting held on June 9, 2022 with the following vote:

AYES: BALBUENA, BREGENZER, YUN, CHEN
NOES: MCMILLIAN, REDDELLE
ABSENT: SORCE
ABSTAIN:

NAOMI YUN, CHAIR

ATTEST:

NAVEED ASHRAF, SECRETARY

DocuSign Envelope ID: 2B2CA2CB-34B1-414F-8584-6FBEDC32DE7A 7/14/2022
7/18/2022

RESOLUTION NO. ___002-2022_____

A RESOLUTION OF THE CITY OF VALLEJO SURVEILLANCE ADVISORY BOARD

RECOMMENDING AGAINST DEPLOYMENT OF THE FLOCK GUNSHOT DETECTION SYSTEM

WHEREAS, the City Council of the City of Vallejo created the Surveillance Advisory Board (the “SAB”) by adopting Chapter 2.27 of the Vallejo Municipal Code (the “Code”); and WHEREAS, the purpose of the SAB is to review and advise the City Council, City Manager and City Departments concerning the acquisition, deployment and use of surveillance technology within the City of Vallejo (the “City”); and
WHEREAS, section 2.27.030D of the Code requires a City Department head to submit requests for review to the SAB of surveillance technology desired to be deployed in the City; and WHEREAS, the Chief of Police has submitted a request to review the use of the Flock Gunshot Detection System as a beta test within the City of Vallejo; and WHEREAS, the SAB has 45 days from the date of the request to issue a recommendation to the City Council, the City Manager and the Chief of Police; and WHEREAS, the SAB has reviewed the staff report and other materials submitted to the SAB by the Chief of Police; and
WHEREAS, the SAB has considered the presentations and statements of the Chief of Police, the Deputy Chief and representatives of Flock Safety concerning the propose Gunshot Detection System.

NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

1. The SAB hereby recommends that the City not deploy the Flock Gunshot Detection System for the following reasons:

a. There are currently no hard metrics and data about the effectiveness of this technology;
b. There are no clear measures of success versus failure for the proposed beta test of the system;
c. There is likely to be an increase in staff/officer time because the system may produce additional calls for service at a time when the Vallejo Police Department is significantly understaffed;
d. The proposed policy fails to address the possibility of escalation when officers arrive on scene expecting active shooters after receiving a notification from the system; e. There are significant concerns about data retention and privacy that need to be addressed before any such system is deployed.

2. Although the SAB does not recommend deployment of this technology at this time, the SAB acknowledges the need to address gun violence in the City and the potential of new technologies to assist with this important issue.

DocuSign Envelope ID: 81E368B6-D5D3-4141-82CB-1FA2DF3A74F0

3. If the City determines that it will proceed with the deployment of the Gunshot Detection System, the SAB requests that it be allowed to provide recommendations and input on the proposed policy for use of the system.

4. The SAB is not entirely against the use of such technology and is willing to reconsider its use at a later date provided its concerns are addressed. If the City reconsiders this technology in the future, the SAB suggests that it only be deployed if there is available peer-reviewed data showing the effectiveness of the system. Further, the City should consider the impact that the deployment will have on the minimal resources currently available to the City such as the additional staff and officer time that will be required.

Adopted by the Surveillance Advisory Board of the City of Vallejo at a Special Meeting held on August 3, 2022 with the following vote:

AYES: BALBUENA, MCMILLIAN, REDDELL, SORCE
NOES: YUN, CHEN
ABSENT: BREGENZER
ABSTAIN:

___________________________________

NAOMI YUN, CHAIR

ATTEST:

___________________________________

NAVEED ASHRAF, SECRETARY
DocuSign Envelope ID: 81E368B6-D5D3-4141-82CB-1FA2DF3A74F0

RESOLUTION NO. ____003-2022_____

A RESOLUTION OF THE CITY OF VALLEJO SURVEILLANCE ADVISORY BOARD

RECOMMENDING THAT THE CITY COUNCIL MODIFY THE MEETING SCHEDULE FOR

THE SURVEILLANCE ADVISORY BOARD

WHEREAS, the City Council of the City of Vallejo created the Surveillance Advisory Board (the “SAB”) by adopting Chapter 2.27 of the Vallejo Municipal Code (the “Code”); and WHEREAS, the purpose of the SAB is to review and advise the City Council, City Manager and City Departments concerning the acquisition, deployment and use of surveillance technology within the City of Vallejo (the “City”); and
WHEREAS, section 2.27.060 of the Code designates the third Thursday of every other month beginning the first full month after adoption of the ordinance; and WHEREAS, a conflict currently exists with the meeting schedules of other advisory boards; and WHEREAS, the SAB has found that meeting every other month will not allow sufficient time to address the issues before it; and
WHEREAS, in order to ensure that the SAB accomplishes its mission, it has been holding special meetings to meet review timelines and address important matters; and WHEREAS, the SAB would like to recommend that the City Council modify the currently codified meeting schedule.

NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

1. The SAB hereby recommends that the City Council change the current regular meeting date of the third Thursday of every other month to meet third Thursday of every month.

2. The SAB further recommends that the City Council give it authority to modify its regular meeting dates on an as-needed basis without further City Council action.

[SIGNATURES ON FOLLOWING PAGE]

DocuSign Envelope ID: 81E368B6-D5D3-4141-82CB-1FA2DF3A74F0 Adopted by the Surveillance Advisory Board of the City of Vallejo at a Special Meeting held on September 6, 2022 with the following vote:

AYES: BALBUENA, MCMILLIAN, YUN, SORCE, REDDELL
NOES: CHEN
ABSENT: BREGENZAR
ABSTAIN:

___________________________________

NAOMI YUN, CHAIR

ATTEST:

___________________________________

NAVEED ASHRAF, SECRETARY
DocuSign Envelope ID: 81E368B6-D5D3-4141-82CB-1FA2DF3A74F0

Vallejo City CouncilOctober 25, 2022

Vallejo City Council
October 25, 2022