Agenda packet — Vallejo City Council, November 15, 2022 (part 1 of 3)

Hybrid Options are available for members of the public to participate. To participate remotely:

https://ZoomRegular.CityofVallejo.net
Option to join by phone:

Dial (669) 900-6833
Enter Meeting ID: 914 0075 0676#
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VALLEJO CITY COUNCIL
REGULAR MEETING – 7:00 PM

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California
NOVEMBER 15, 2022

NOTICE: Members of the Public will be able to participate in-person or remotely via Zoom.

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

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

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

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

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. REPORT OUT OF CLOSED SESSION

5. PRESENTATIONS AND COMMENDATIONS
A. PRESENTATION OF A CERTIFICATE OF APPRECIATION RECOGNIZING

DAVIN HARRISON FOR HIS CONTRIBUTIONS TO THE VALLEJO

COMMUNITY
B. PRESENTATION OF A PROCLAMATION IN RECOGNITION OF NATIVE AMERICAN HERITAGE MONTH - NOVEMBER 2022

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

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

8. CONSENT CALENDAR AND APPROVAL OF AGENDA
A. APPROVAL OF MINUTES
Recommendation: Approve minutes for the special meeting of October 18, 2022 and the special and regular meetings of October 25 and November 1, 2022
Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
B. WAIVE FULL READING AND AUTHORIZING INTRODUCTIONS AND/OR

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

Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
C. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT

AN APPLICATION TO THE NATIONAL PARK SERVICE SAVE AMERICA'S

TREASURES GRANT TO PRESERVE QUARTERS B, AN HISTORIC

BUILDING ON MARE ISLAND
Recommendation: Adopt a resolution authorizing the City Manager to submit an application to the National Park Service Save America's Treasures Grant to preserve Quarters B, an historic building on Mare Island.

Contact: Michael Nimon, Economic Development Director/Special Advisor to City Manager (707) 649-5452
[email protected]
D. ADOPT A RESOLUTION AWARDING AND APPROVING CONSULTANT

AND PROFESSIONAL SERVICES AGREEMENTS FOR ON-CALL TREE
PRUNING AND REMOVAL SERVICES TO EZ TREE, INC., WEST COAST ARBORISTS, INC., AND THE PROFESSIONAL TREE CARE
COMPANY FOR AN AMOUNT NOT TO EXCEED $712,500 FOR EACH

AGREEMENT, FINDING SUCH ACTION EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA
GUIDELINES SECTION 15301(h) AND AUTHORIZING THE CITY MANAGER

TO EXECUTE SAME
Recommendation: Adopt a Resolution awarding Consultant and Professional Services Agreements for On-Call Tree Pruning and Removal Services with EZ Tree, Inc., West Coast Arborists, Inc., and The Professional Tree Care Company for an amount not to exceed $712,500 for each agreement and authorizing the City Manager to execute same.

Contact: Melissa Tigbao, Public Works Director (707) 648-4301 [email protected]
E. RECEIVE THE CITY MANAGERS REQUEST AND RATIFY THE FISCAL YEAR 2021-2022 PROJECT ROOMKEY EXPENDITURES AND ACCEPT

THE PRK AND REHOUSING STRATEGY FUNDS AND CMSP CERG FUNGS GRANT IN THE AMOUNT OF $1,307,457
Recommendation: Ratify Fiscal Year 2021-2022 Project Roomkey expenditures in the amount of $1,059,494.80 and accept the PRK and Rehousing Strategy Funds and CMSP CERG Funds grant in the amount of $1,307,457 Contact: Gillian Hayes, Assistant City Manager (707) 648-4163 [email protected]
F. AUTHORIZE THE MAYOR TO SIGN A LETTER OF SUPPORT OF THE

CITYS REQUEST TO THE COUNTY OF SOLANO FOR ARPA FUNDING TO

SUPPORT THE NAVIGATION CENTER AND BROADWAY (HOMEKEY)

PROJECTS
Recommendation: Authorize Mayor McConnell to sign letter of support on behalf of the Vallejo City Council
Contact: Natalie Peterson, Assistant to the City Manager (707) 649-3415 [email protected]
G. ADOPT A RESOLUTION AMENDING FISCAL YEAR 2022-2023 BUDGET OF CAPITAL GRANT AND CONTRIBUTION FUND # 221 TO APPROPRIATE $999,611 TO ESTABLISH PROJECT HOME (HOMELESS OUTREACH,
MENTORSHIP, AND EMPOWERMENT) (STEP 2 OF 2).

Recommendation: Adopt a resolution amending Fiscal Year 2022-23 Budget of Capital Grant and Contribution Fund # 221 to recognize revenues and appropriate expenditures in the amount of $999,611.00 for Project HOME.

Contact: Jason Ta, Interim Police Chief
[email protected]
H. ADOPT A RESOLUTION APPROVING THE ESRI (ENVIRONMENTAL

SYSTEMS RESEARCH INSTITUTE) GEO-SPATIAL INFORMATION

SYSTEMS (GIS) ENTERPRISE MULTI-YEAR LICENSE AGREEMENT AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
Recommendation: Adopt Resolution approving the multi-year contract with ESRI (Environmental Systems Research Institute), Geo-Spacial Information Systems (GIS) multi-year License Agreement in the total amount of $240,000 and authorizing the City Manager to execute same.

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

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

A. HOLD A PUBLIC HEARING AND ADOPT A RESOLUTION CONCERNING

THE CITY OF VALLEJO DRINKING WATER PUBLIC HEALTH GOALS
REPORT 2022
Recommendation: Hold a public hearing and adopt the resolution receiving and acknowledging comments from the public on the “Report on Vallejo’s Water Quality Relative to Public Health Goals” dated July 1, 2022 and referring any comments to the Water Department for consideration and to address as appropriate.

Contact: Beth Schoenberger, Water Director, 707-648-5439 [email protected]
B. HOLD A PUBLIC HEARING ON THE PROPOSED 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 (CEQA) PURSUANT TO CEQA GUIDELINES SECTION
15061(B)(3)
Recommendation: Hold a public hearing on the proposed 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 (CEQA) pursuant to CEQA Guidelines section 15061(b)(3).

Contact: Christina Ratcliffe, Planning and Development Services Director (707) 648-4382
[email protected]
C. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONSULTANT AND PROFESSIONAL SERVICES

AGREEMENT BETWEEN CITY OF VALLEJO AND WEST YOST &
ASSOCIATES, INC. FOR THE MARE ISLAND INFRASTRUCTURE

ASSESSMENT PROJECT
Recommendation: Adopt a resolution authorizing the City Manager to execute the attached Consultant and Professional Services Agreement (Agreement) with West Yost & Associates, Inc. (West Yost), to provide consulting services for the Mare Island Infrastructure Assessment (MIIA) project.

Contact: Gillian Hayes, Assistant City Manager (707) 648-4576 [email protected]
Michael Nimon, Economic Development Director (707) 648-4109 [email protected]

10. INFORMATION CALENDAR

11. CITY MANAGER’S REPORT

12. CITY ATTORNEY’S REPORT

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

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

15. ADJOURNMENT

___________________________________________________________________________________________

ADDITIONAL CITY INFORMATION
Members of the public can:

Like us on Facebook and Instagram (@cityofvallejo)
Sign up to receive City Communications via e-mail (www.cityofvallejo.net/subscribe) Sign up for emergency alerts at: alertsolano.com
Dated: Thursday, November 10, 2022

Robert H. McConnell, Mayor

I, Dawn Abrahamson, City Clerk do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Vallejo City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 555 Santa Clara Street, CA at 12:00 p.m., Thursday, November 10, 2022.

Dated: Thursday, November 10, 2022

Dawn G. Abrahamson, City Clerk

Special City Council Meeting Minutes
October 18, 2022
Page | 1

VALLEJO CITY COUNCIL

SPECIAL MEETING MINUTES
OCTOBER 18, 2022

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

1. CALL TO ORDER
The meeting was called to order at 6:14 p.m.

2. ROLL CALL

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

Absent: Councilmember Miessner
Staff present: City Clerk Abrahamson

3. BOARD/COMMISSION APPLICANT INTERVIEWS
A. CONDUCT APPLICANT INTERVIEWS FOR THE BEAUTIFICATION,

HOUSING & COMMUNITY DEVELOPMENT COMMISSIONS, DESIGN

REVIEW BOARD, PARTICIPATORY BUDGETING STEERING COMMITTEE (PBSC), AND THE SOLTRANS PUBLIC ADVISORY COMMITTEE
Recommendation: Conduct applicant interviews for appointment to the following:
Beautification Commission - 1 vacancy. Term to expire 6/30/26 Design Review Board - 1 vacancy. Term to expire 6/30/26 Housing & Community Development Commission - 1 vacancy. Term to expire 6/30/24
PBSC - 3 member and 3 alternate vacancies. Terms to expire 6/30/24 Soltrans Public Advisory Committee - 2 vacancies
Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
City Council conducted interviews for the following applicants:

Beautification Commission: Kiesha Douglas and Sara Wright Design Review Board: Loretta Gaddies
Housing & Community Development Commission: Amelia Shoulders and Brad Beltane
Participatory Budgeting Steering Committee: Andrew Houston (at large), Loretta Gaddies (at-large) Cynthia Allen and Paul Kirsh (organization, Vallejo Project)

4. ADJOURNMENT
The meeting adjourned at 7:51 p.m.

Special City Council Meeting Minutes
October 18, 2022
Page | 2
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
________________________________
DAWN G. ABRAHAMSON

CITY CLERK
Special City Council Meeting Minutes
October 25, 2022
Page | 1

VALLEJO CITY COUNCIL

SPECIAL MEETING MINUTES
OCTOBER 25, 2022

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

1. CALL TO ORDER
The meeting was called to order at 5:19 p.m.

2. ROLL CALL

Present: Mayor McConnell, Vice Mayor Verder-Aliga, Councilmembers Brown, Dew (arrived at 5:23 p.m.), Loera-Diaz, and Miessner (arrived at 5:21 p.m.)

Absent: Councilmember Arriola
Staff present: City Clerk Abrahamson, Chief Assistant to City Attorney Risner, Assistant City Managers Davis and Hayes
Chief Assistant City Attorney Risner announced the two closed session items as shown on the meeting agenda were duplicative and are one and the same.

The City Council convened into Closed Session in the Council Conference Room at 5:24 p.m.

3. CLOSED SESSION
A. Conference with Legal Counsel-Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2): 1 Case
B. Conference with Legal Counsel - Anticipated Litigation - Significant Exposure to Litigation Pursuant to Paragraph (2) or (3) of Subdivision (d) of Government Code Section 54956.9 - 1 Case

4. ADJOURNMENT
The meeting adjourned at 6:53 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
________________________________
DAWN G. ABRAHAMSON

CITY CLERK
Special City Council Meeting Minutes
October 25, 2022
Page | 2
Regular City Council Meeting Minutes
October 25, 2022
Page | 1

VALLEJO CITY COUNCIL

REGULAR MEETING MINUTES
OCTOBER 25, 2022

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

1. CALL TO ORDER
The meeting was called to order at 7:06 p.m.

2. ROLL CALL

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

Absent: Councilmember Arriola
Staff present: Assistant City Manager Hayes, City Attorney Nebb and City Clerk Abrahamson

3. PLEDGE OF ALLEGIANCE

4. REPORT OUT OF CLOSED SESSION
Chief Assistant City Attorney Risner reported Council gave direction to staff related to Closed Session Item 3B.

5. PRESENTATIONS AND COMMENDATIONS
Action: A video introducing new employees was shared, Councilmember Dew and Sister City Association President Kim presented Mayor McConnell with gifts commemorating the 20 year anniversary of the Sister City Relationship with Jincheon, South Korea. Vice Mayor Verder-Aliga and Councilmember Miessner presented proclamations for Items 5C & 5D.

A. INTRODUCTION OF NEW EMPLOYEES
B. PRESENTATION ON 20TH ANNIVERSARY COMMEMORATION OF SISTER

CITY RELATIONSHIP WITH JINCHEON, SOUTH KOREA FROM VALLEJO

DELEGATION
C. PRESENTATION OF A PROCLAMATION IN RECOGNITION OF FILIPINO- AMERICAN HISTORY MONTH, OCTOBER 2022
D. PRESENTATION OF A PROCLAMATION RECOGNIZING NATIONAL ARTS

AND HUMANITIES MONTH

6. FIRST COMMUNITY FORUM
Speakers: Jose Caldazon, Ruscal Cayangyang, Daniel Boone, Felicia King, CD King, and Sarah King.

Regular City Council Meeting Minutes
October 25, 2022
Page | 2

7. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS
Speakers: None.

8. CONSENT CALENDAR AND APPROVAL OF AGENDA
Action: Moved by Vice Mayor Verder-Aliga and carried unanimously by members present, unless otherwise noted, approval of the Agenda and the Consent Calendar (Absent – Arriola and Loera-Diaz).

A. APPROVAL OF MINUTES
Recommendation: Approve minutes for the special and regular meetings of October 11, 2022
Contact: Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527 [email protected]
Action: Approved minutes.

B. WAIVE FULL READING AND AUTHORIZING INTRODUCTIONS AND/OR

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

C. PAYMENT OF CLAIMS: AUGUST 2022
Recommendation: Ratify the payment of claims for the period of August 1, 2022 through August 31, 2022.

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

D. CITY TREASURER’S INVESTMENT REPORT
Recommendation: Accept the City Treasurer’s Investment Report for the quarter ended September 30, 2022
Contact: Rekha Nayar, Finance Director, (707) 648-4592
[email protected]
Action: Accepted the City Treasurer’s Investment Report for the quarter ended September 30, 2022.

E. ADOPT A RESOLUTION AMENDING THE MARE ISLAND CONVERSION FUND #106 FISCAL YEAR 2022-2023 BUDGET TO APPROPRIATE NAVY GRANT FUNDS IN THE AMOUNT OF $1,290.420.81 TO PAY FOR

EXPENDITURES ASSOCIATED WITH THE ONGOING MARE ISLAND
Regular City Council Meeting Minutes
October 25, 2022
Page | 3
ENVIRONMENTAL REMEDIATION PROJECT (STEP 2 OF 2)
Recommendation: Approve the Resolution to amend the Mare Island Conversion Fund #106 Fiscal Year 2022- 2023 Budget to appropriate Navy grant funds in the amount of $1,290,420.81 to pay for expenditures associated with the ongoing Mare Island Environmental Remediation Project.

Contact: Michael Nimon, Economic Development Director (707) 648-4109 [email protected]
Action: Adopted Resolution No. 22-176 N.C.

F. ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2022-23

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET TO
INCREASE REVENUE AND EXPENDITURES BY $29,623
Recommendation: Adopt a Resolution to amend the Fiscal Year (FY) 2022-23 Community Development Block Grant (CDBG) Program Budget to increase the revenue and expenditure budgets by $29,623.

Contact: Gillian Hayes, Assistant City Manager (707) 648-4163 [email protected]
Action: Adopted Resolution No. 22-177 N.C.

G. ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2022-23 HOME

INVESTMENT PARTNERSHIPS PROGRAM BUDGET TO DECREASE
REVENUE AND EXPENDITURES BY $47,671 (STEP 2 OF 2)
Recommendation: Adopt a Resolution to amend the Fiscal Year (FY) 2022-23 HOME Investment Partnerships (HOME) Program Budget to decrease the revenue and expenditure budgets by $47,671.

Contact: Gillian Hayes, Assistant City Manager (707) 648-4163 [email protected]
Action: Adopted Resolution No. 22-178 N.C.

H. ADOPT A RESOLUTION TO ACCEPT THE PROPOSITION 47 FUNDING, AND PROVIDE NOTICE TO AMEND THE FISCAL YEAR 2022-2023 BUDGET IN THE AMOUNT OF $999,611
Recommendation:

1. Adopt a resolution authorizing the City Manager or his designee to accept the Proposition 47 award in the amount of $999,611

2. Provide Notice of Intent to amend the Fiscal Year 2022-2023 budget to recognize grant revenue in the amount of $999,611 and appropriate expenditures of $999,611 during the funding time period.

Contact: Shawny K. Williams, Chief of Police (707) 648-4540 [email protected]
Action: (1) Adopted Resolution No. 22-179 N.C. and (2) provided Notice of Intent to amend the Fiscal Year 2022-2023 budget to recognize grant revenue in the amount of $999,611 and appropriate expenditures of $999,611 during the funding time period.

I. ADOPT A RESOLUTION AMENDING THE FY 2022-23 MARINA FUND (#415) Regular City Council Meeting Minutes
October 25, 2022
Page | 4
BUDGET TO RECOGNIZE REVENUE IN THE AMOUNT OF $150,000 FROM

THE CALIFORNIA STATE PARKS DIVISION OF BOATING AND

WATERWAYS SURRENDERED AND ABANDONED VESSEL EXCHANGE

GRANT AND APPROPRIATE FUNDS
Recommendation: Adopt a resolution amending the FY 2022-23 Marina Fund (#415) budget to recognize revenue in the amount of $150,000 from the California State Parks Division of Boating and Waterways Surrendered and Abandoned Vessel Exchange grant and appropriate funds.

Contact: Melissa Tigbao, Public Works Director, 707-648-4301 [email protected]
Action: Adopted Resolution No. 22-180 N.C.

J. 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)
Recommendation: Introduce 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 (CEQA) pursuant to CEQA Guidelines section 15061(b)(3).

Contact: Christina Ratcliffe, Planning and Development Services Director (707) 648-4382
[email protected]
Action: Introduced 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 (CEQA) pursuant to CEQA Guidelines section 15061(b)(3).

K. 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.

Contact: Rachel Ferguson, (707) 649-4852
[email protected]
Action: Adopted Resolution No. 22-181 N.C.

Regular City Council Meeting Minutes
October 25, 2022
Page | 5
L. 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.

Contact: Christina Ratcliffe, Planning & Development Services Director (707) 648-4382
[email protected]
Action: Adopted Resolution No. 22-182 N.C.

M. 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.

Contact: Shawny K. Williams, Chief of Police (707) 648-4540 [email protected]
Action: (1) Adopted Resolution No. 22-183 N.C. and (2) as the first in a two- step process, accepted 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.

N. 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.

Contact: Mike Malone, City Manager, (707) 648-4308
[email protected]
Action: Adopted Resolution No. 22-184 N.C.

Regular City Council Meeting Minutes
October 25, 2022
Page | 6

9. ACTION CALENDAR
A. 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 Contact: Dawn G. Abrahamson, City Clerk (707) 648-4527
[email protected]
The City Council went through an applicant nomination process for appointments.

Action: Moved by Vice Mayor Verder-Aliga and carried unanimously by members present to adopt Resolution No. 22-185 N.C. making the following appointments (Absent – Arriola).

Beautification Commission: appointed Sara Wright for a term to commence immediately and expire June 30, 2026.

Design Review Board: appointed Adam Chavez for a term to commence immediately and expire June 30, 2026.

Housing & Community Development Commission: appointed Amelia Shoulders for a term to commence immediately and expire June 30, 2024.

PBSC: appointed Loretta Gaddies and Andrew Houston (at-large members) and Cynthia Allen (primary) and Paul Kirsh (alternate) (organization, Vallejo Together) as members for terms to commence immediately and expire June 30, 2024.

10. INFORMATION CALENDAR
A. PLANNING & DEVELOPMENT SERVICES AND ECONOMIC DEVELOPMENT

QUARTERLY UPDATE
Recommendation: Informational item only. There is no staff report or action associated with this item.

Contact: Christina Ratcliffe, Planning & Development Services Director (707) 648-4326
[email protected]
Michael Nimon, Special Advisor to City Manager/Economic Development Director (707) 649-5452
[email protected]
Regular City Council Meeting Minutes
October 25, 2022
Page | 7
Economic Development Director/Special Advisor to City Manager Nimon provided an update on the Economic Development Strategic Plan, development and redevelopment projects, grants awarded and implementation, neighborhood revitalization and business attraction efforts, and next steps.

Planning & Development Services Director Ratcliffe provided an update on continuing work by the Department with an overview looking toward 2023, shared quarter 4 Fiscal Year 2021-22 end numbers in terms of building and planning permits and revenue, shared illustrations of projects being built and projects in the pipeline.

Staff responded to questions from Councilmembers. Councilmembers provided comment.

B. 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.

Contact: Naveed Ashraf, Chief Innovation Officer & IT Director (707) 648-5200 [email protected]
Chief Innovation Officer & IT Director provided an overview of the three SAB resolutions and recommendations for Council’s consideration.

Staff responded to questions from Councilmembers.

Speakers: Andrea Sorce.

Another question and answer period followed. Councilmembers provided comment.

11. CITY MANAGER’S REPORT
Assistant City Manager Hayes provided an update on the pothole patch program.

12. CITY ATTORNEY’S REPORT – None.

13. COMMUNITY FORUM
Speakers: Gretchen Zimmermann
Regular City Council Meeting Minutes
October 25, 2022
Page | 8

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

15. ADJOURNMENT
The meeting adjourned at 10:53 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
________________________________
DAWN G. ABRAHAMSON

CITY CLERK
Special City Council Meeting Minutes
November 1, 2022
Page | 1

VALLEJO CITY COUNCIL

SPECIAL MEETING MINUTES
NOVEMBER 1, 2022

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

1. CALL TO ORDER
The meeting was called to order at 5:30 p.m.

2. ROLL CALL

Present: Vice Mayor Verder-Aliga, Councilmembers Arriola, Brown, Dew (arrived at 5:43 p.m.), Loera-Diaz, and Miessner (arrived at 5:36 p.m.)

Absent: Mayor McConnell
Staff present: Chief Assistant City Attorney Risner, City Clerk Abrahamson and Assistant City Managers Davis and Hayes
The Council convened into Closed Session in the Council Conference Room at 5:34 p.m.

3. CLOSED SESSION
A. Conference with Legal Counsel - Anticipated Litigation - Significant Exposure to Litigation Pursuant to Paragraph (2) or (3) of Subdivision (d) of Government Code Section 54956.9 - 1 Case

4. ADJOURNMENT
The meeting adjourned at 6:25 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
________________________________
DAWN G. ABRAHAMSON

CITY CLERK

Regular City Council Meeting Minutes
November 1, 2022
Page | 1

CITY COUNCIL

REGULAR MEETING MINUTES
NOVEMBER 1, 2022

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

1. CALL TO ORDER
The meeting was called to order at 7:03 p.m.

2. ROLL CALL

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

Absent: Mayor McConnell
Staff present: City Manager Malone, City Attorney Nebb and City Clerk Abrahamson

3. PLEDGE OF ALLEGIANCE

4. REPORT OUT OF CLOSED SESSION
Chief Assistant City Attorney Risner announced there was no reportable action with respect to Closed Session Item 3A.

5. PRESENTATIONS AND COMMENDATIONS
Actions: Vice Mayor Verder-Aliga and Councilmember Dew presentation proclamations and Councilmembers Arriola, Loera-Diaz and Miessner presented Certificates of Appreciation. Presentation of a Certificate of Appreciation for Item 5C will be rescheduled to a future meeting.

A. PRESENTATION OF A PROCLAMATION AND RECOGNITION OF EXTRA

MILE DAY RECOGNIZING VOLUNTEERS IN THE CITY OF VALLEJO
B. PRESENTATION OF A PROCLAMATION RECOGNIZING VALLEJO
SYMPHONY'S 90TH ANNIVERSARY
C. PRESENTATION OF A CERTIFICATE OF APPRECIATION RECOGNIZING

DAVIN HARRISON FOR HIS CONTRIBUTIONS TO THE VALLEJO

COMMUNITY

6. FIRST COMMUNITY FORUM
Speakers: Greg M. and Chris.

7. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS
Speakers: None.

Regular City Council Meeting Minutes
November 1, 2022
Page | 2

8. CONSENT CALENDAR AND APPROVAL OF AGENDA
Action: Moved by Councilmember Miessner and carried unanimously by members present, unless otherwise noted, approval of the Agenda and the Consent Calendar (Absent – Mayor McConnell).

A. WAIVE FULL READING AND AUTHORIZING INTRODUCTIONS AND/OR

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

B. ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2022/2023 OFFICE OF TRAFFIC SAFETY FUND#146 BUDGET TO RECOGNIZE REVENUE IN THE AMOUNT OF $150,000 AND APPROPRIATE EXPENDITURES
Recommendation: Adopt a resolution amending the Fiscal Year 2022/2023 Office of Traffic Safety Fund#146 budget to recognize revenue in the amount of $150,000 and appropriate expenditures of $150,000.

Contact: Shawny K. Williams, Chief of Police (707) 648-4540 [email protected]
Action: Adopted Resolution No. 22-186 N.C.

9. ACTION CALENDAR
A. RECEIVE CITY OF VALLEJO CITYWIDE BROADBAND AND DIGITAL

EQUITY RFP ANALYSIS AND ADOPT RESOLUTION AUTHORIZING THE

CITY MANAGER TO ENTER INTO A CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH SMART FIBER NETWORKS, INC. IN AN AMOUNT NOT TO EXCEED $300,000.

Recommendation:

1. Receive CTC Technology & Energy analysis and recommendations regarding the City of Vallejo Citywide Broadband and Digital Equity Request for Proposals (RFP) and provide directions to the staff.

2. Adopt a resolution authorizing the City Manager to execute a Consultant and Professional Services Agreement with Smart Fiber Networks, Inc. to operate the City's fiber network and service retail and residential customers within the City. The contract amount is not to exceed $300,000 for the span of the contract.

Contact: Naveed Ashraf, Chief Innovation Officer & IT Director (707) 648-4468 [email protected]
Regular City Council Meeting Minutes
November 1, 2022
Page | 3
Chief Innovation Officer/IT Director Ashraf reviewed the history of Vallejo-Net and what this project is attempting to accomplish, outlined the components requested in the RFP, shared the results and Smart Fiber Network ISP contract details, and concluded the presentation with next steps and recommendations.

Speakers: Chris Platzer.

Staff responded to the speaker’s comments and Councilmember questions.

Councilmembers provided comment.

Action: Moved by Councilmember Miessner and carried unanimously by members present to adopt Resolution No. 22-187 N.C. (Absent- Mayor McConnell).

B. RECEIVE REPORT FROM STAFF REGARDING STRATEGIES CURRENTLY

BEING CONSIDERED TO ADDRESS ABANDONED/UNLICENSED

VEHICLES, DUMPING AND TRASH REMOVAL AND ASSOCIATED OTHER

CONDITIONS AND DISCUSS AND PROVIDE DIRECTION RELATING TO SAME
Recommendation: Receive report on strategies currently being considered to address abandoned, unlicensed and/or inoperative vehicles, dumping and trash removal and associated other conditions and provide direction relating to same.

Contact: Veronica Nebb, City Attorney: [email protected] Hampton Jackson, Deputy City Attorney: [email protected] City Attorney Nebb provided introductory comments.

Deputy City Attorney Jackson provided background and statistical information related to the number of abandoned vehicle and illegal dumping reports, discussed strategies for addressing proactive programs, provided information on addressing encampments and cleanup efforts, and outlined next steps.

Staff responded to questions from Councilmembers.

Speakers: Richard H., Anne Carr, Chris, and Andrea Sorce, Another question and answer period followed. Councilmembers provided comment and direction to staff in support of the Rotating Proactive Cleanup Program as presented, City Sections, two strategies for expanding citation and towing authority, tow contract enhancements, maintenance crews staffing to include additional staffing with financial costs, partner with the Beautification Commission to promote additional Neighborhood Cleanup Days, collaboration with Recology to include an educational outreach component with information about waste removal options available to customers, upgrade of cameras relating to dumping and exploring the possibility of using an outside company to monitor cameras, developing community collaboration programs related to illegal dumping and placement of a dumpster near an encampment area as a Regular City Council Meeting Minutes
November 1, 2022
Page | 4
pilot project. Based on Council’s direction, staff will return to the Council with additional information for those strategies requiring further Council action such as budget support, ordinance amendments or RFP authorization.

C. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE

A PURCHASE AND SALE AGREEMENT, LICENSE AGREEMENT, AND ANY

OTHER DOCUMENTS RELATING TO THE PURCHASE OF REAL
PROPERTY LOCATED AT 1937 BROADWAY STREET IN VALLEJO,
CALIFORNIA (APN 0052-040-320)
Recommendation: Adopt resolution authorizing the City Manager to execute the purchase and sale agreement, license agreement, and any and all other documents relating to the purchase of real property at 1937 Broadway Street in Vallejo, California (APN 0052-040-320)
Contact: Terrance Davis, Assistant City Manager (707) 648-4301 [email protected]
Councilmember Brown recused himself due to a conflict of interest related to owning a business directly across the street from 1937 Broadway Street and left the dais and Council Chamber for the remainder of the meeting.

Assistant City Manager Davis provided a project overview of the Navigation Center, outlined the project timeline, described the property and terms of the purchase price, summarized the budget for the project, and concluded with next steps.

Speakers: Anne Carr.

Staff responded to questions from Councilmembers. Councilmembers provided comment.

Action: Moved by Councilmember Miessner and carried unanimously by members present to adopt Resolution No. 22-188 N.C. (Abstain Due to Conflict of Interest – Brown; Absent – Mayor McConnell).

10. INFORMATION CALENDAR – None.

11. CITY MANAGER’S REPORT – None.

12. CITY ATTORNEY’S REPORT – None.

13. COMMUNITY FORUM
Speakers: Anne Carr.

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

15. ADJOURNMENT
Regular City Council Meeting Minutes
November 1, 2022
Page | 5
The meeting adjourned at 11:48 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
________________________________
DAWN G. ABRAHAMSON

CITY CLERK
CONSENT CALENDAR 8.C.

DATE: November 15, 2022
TO: Mayor and Members of the City Council
FROM: Michael Nimon, Economic Development Director/Special Advisor to City Manager Erin Hanford, Project Manager
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN

APPLICATION TO THE NATIONAL PARK SERVICE SAVE AMERICA'S TREASURES

GRANT TO PRESERVE QUARTERS B, AN HISTORIC BUILDING ON MARE ISLAND

RECOMMENDATION
Adopt a resolution authorizing the City Manager to submit an application to the National Park Service Save America's Treasures Grant to preserve Quarters B, an historic building on Mare Island.

REASONS FOR RECOMMENDATION
Given the high costs to perform the structural upgrades required for Quarters B, and given the historic significance of the facility, City staff recommends applying for the NPS grant. If approved, these funds would allow the City to facilitate the necessary structural and ADA upgrades needed to retain, restore and reuse the building. This work would also complement the structural upgrade work similarly needed on Quarters A that is anticipated to be funded via appropriations government funding. Although the NPS Grant is a competitive grant, the City’s proposal is considered to be a strong candidate.

BACKGROUND AND DISCUSSION
Save America’s Treasures Grant:

The National Park Service (NPS) Save America’s Treasures grant program from the Historic Preservation Fund provides preservation and conservation assistance to nationally significant historic properties and collections. NPS grants are awarded through a competitive process and require a dollar-for-dollar, non-federal match. The NPS grant program is administered by the NPS in partnership with the National Endowment for the Arts (NEA), the National Endowment for the Humanities (NEH), and the Institute of Museum and Library Services (IMLS).

To be eligible, preservation projects must fall into one of two categories:
 Designated individually as a National Historic Landmark or a contributing structure to a National Historic Landmark District, or
 Listed individually in the National Register of Historic Places for national significance or a contributing structure to a historic district that is listed in the National Register for its national significance.

Preservation projects must range from $125,000 to $500,000 in requested NPS funding, of which no more than 20% of the total budget may go toward pre-preservation costs such as architectural or engineering services. A minimum of 50% match (1:1) is required.

Applications are scored on the below four criteria.

Date: November 15, 2022
Subject: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN

APPLICATION TO THE NATIONAL PARK SERVICE SAVE AMERICA'S

TREASURES GRANT TO PRESERVE QUARTERS B, AN HISTORIC BUILDING ON

MARE ISLAND

Page 2 ends

1. National Significance. The project must be listed as nationally significant.

2. Need/Urgency/Threat. The project must address issues that directly and imminently threaten the resource and fulfill a clear financial need.

3. Mitigation of Threat. The project must substantially mitigate or eliminate the threat, danger, or damage described.

4. Feasibility. The project must be achievable within 2-3 years, have a reasonable budget, and be performed with qualified personnel and/or consultants.

City Proposed Project
Quarters B, one of the Officer’s Quarters along Walnut Street on Mare Island, was built in 1900 as a single family home. The facility is a 3-story wood light frame structure that rests on unreinforced brick masonry. The building's foundation dates back to the 1800s as some of the structure rests on stone foundations that appear to be the original foundation system built before the building was damaged in the 1898 earthquake.

As a result of the 2014 earthquake, Quarters B suffered considerable foundational damage. This damage was confirmed in a 2021 engineering report that identified key structural issues and recommended extensive structural upgrades and improvements prior to reuse. This, combined with the Building Division’s recommended ADA improvements required as part of the structural upgrades, are estimated to exceed $2.5 Million. Staff is exploring gap funding for the remainder.

Ownership and Use:

In 2002, following the closure of the Navy base, the City executed a lease with the Mare Island Historic Park Foundation (MIHPF) for several facilities, including Quarters A and B. Similar to the permitted uses for Quarters A, the permitted uses for Quarters B include the operation of a museum for the display of Mare Island artifacts, records storage, weddings, receptions and business meetings. Quarters B is currently owned by the Nimitz Group Inc. (Nimitz). However, the City holds the rights to ownership and Quarters B will be transferred to the City per the terms of the Acquisition Agreement between the City and Nimitz.

FISCAL IMPACT
Staff will come back for the Council’s acceptance of any grant funds awarded prior to accepting the award.

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. If the grant is awarded, an environmental review will be performed prior to project approval.

ATTACHMENTS

1. NPS Grant Resolution_CAO Stamp

CONTACT
Michael Nimon, Economic Development Director/Special Advisor to City Manager (707) 649-5452 [email protected]
Date: November 15, 2022
Subject: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN

APPLICATION TO THE NATIONAL PARK SERVICE SAVE AMERICA'S

TREASURES GRANT TO PRESERVE QUARTERS B, AN HISTORIC BUILDING ON

MARE ISLAND

Page 3 ends

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AUTHORIZING APPLICATION TO THE NATIONAL PARK SERVICE SAVE AMERICA’S TREASURES

GRANT AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY

AGREEMENTS AND DOCUMENTS RELATED THERETO
WHEREAS, the National Park Service (“NPS”) has issued a Notice of Funding Availability (“NOFA”), dated September 21, 2022, for the Save America’s Treasures Collection Grant (“SAT” or “Program”) pursuant to 54 USC 301 et seq. (National Historic Preservation Act) 54 USC 3089; and
WHEREAS, the City of Vallejo (“Applicant”) desires to apply for SAT funds for the life safety structural upgrade of Mare Island Quarters B by submitting an application to the NPS (“Application”) for its review and consideration; and
WHEREAS, the NPS is authorized to administer the Program pursuant to Section 106 of the National Historic Preservation Act, as amended (54 U.S.C. 306108). SAT funding allocations are subject to the terms and conditions of the NOFA, the Application, the Standard Agreement (“Standard Agreement”), and all other legal requirements of the Program; and NOW, THEREFORE, BE IT RESOLVED by the City Council that the Applicant is hereby authorized and directed to submit an Application to the NPS in response to the NOFA and to apply for SAT funds in a total amount not to exceed $500,000.

BE IT FURTHER RESOLVED if the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver a Standard Agreement in a total amount not to exceed $500,000 and all other documents required or deemed necessary or appropriate to secure the SAT funds from the Department and to participate in the NPS Program, including all amendments thereto (collectively, the “SAT Documents”).

BE IT FURTHER RESOLVED that Applicant acknowledges and agrees it shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and Application will be incorporated in the Standard Agreement by reference and made a part thereof. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable expenditures and activities identified in the Standard Agreement.

BE IT FURTHER RESOLVED that the City Manager or his designee, is authorized to execute the Application and the SAT Documents on behalf of Applicant for participation in the NPS Program.

ADOPTED, by the City Council of the City of Vallejo at a council meeting held on November 15, 2022 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ROBERT MCCONNELL, MAYOR
ATTEST:

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

DATE: November 15, 2022
TO: Mayor and Members of the City Council
FROM: Jason Lacey, Landscape Maintenance Manager
Melissa Tigbao, Public Works Director
SUBJECT: ADOPT A RESOLUTION AWARDING AND APPROVING CONSULTANT AND

PROFESSIONAL SERVICES AGREEMENTS FOR ON-CALL TREE PRUNING AND REMOVAL SERVICES TO EZ TREE, INC., WEST COAST ARBORISTS, INC., AND THE PROFESSIONAL TREE CARE COMPANY FOR AN AMOUNT NOT TO EXCEED $712,500

FOR EACH AGREEMENT, FINDING SUCH ACTION EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301(h) AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

RECOMMENDATION
Adopt a Resolution awarding Consultant and Professional Services Agreements for On-Call Tree Pruning and Removal Services with EZ Tree, Inc., West Coast Arborists, Inc., and The Professional Tree Care Company for an amount not to exceed $712,500 for each agreement and authorizing the City Manager to execute same.

REASONS FOR RECOMMENDATION
There is continued need to retain on-call contractors to perform routine and emergency tree services throughout the City. The ability to bring in contractors on an on-call basis for this type of work allows the City to better manage workload and ensure work is completed in a timely manner.

BACKGROUND AND DISCUSSION
The City of Vallejo does not have a dedicated crew for tree maintenance, and on-call contractors are utilized for routine and emergency tree services. Work completed by on-call contractors includes tree pruning, tree removal, stump grinding, root pruning, tree grate modification, planting, and other tasks associated with the care and maintenance of City trees. The on-call contracts are used by many City departments/divisions, such as Public Works, Water, Fire and Code Enforcement.

A Request for Proposals for on-call tree pruning and removal services was advertised on September 6, 2022.

On September 20, 2022, sealed bids were opened. Submissions were received by the deadline from the companies listed below. The amounts shown are the cumulative totals of the unit costs proposed by the bidders for each type of tree listed in the Request for Proposals.

Contractor Total of Unit Costs
1 EZ Tree Inc. $18,521
2 West Coast Arborists Inc. $22,000
3 The Professional Tree Care
Company
$22,228
4 Julian Tree Care Inc. $24,791

After reviewing all submitted bids, Staff recommends entering into on-call agreements with multiple firms in

Date: November 15, 2022
Subject: ADOPT A RESOLUTION AWARDING AND APPROVING CONSULTANT AND

PROFESSIONAL SERVICES AGREEMENTS FOR ON-CALL TREE PRUNING AND REMOVAL SERVICES TO EZ TREE, INC., WEST COAST ARBORISTS, INC., AND

THE PROFESSIONAL TREE CARE COMPANY FOR AN AMOUNT NOT TO EXCEED $712,500 FOR EACH AGREEMENT, FINDING SUCH ACTION EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301(h) AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAME

Page 2 ends

order to ensure that the City’s needs will be efficiently addressed in emergency situations, and routine workload will be completed in a timely manner. EZ Tree, Inc., West Coast Arborists, Inc., and The Professional Tree Care Company have been deemed the most qualified with proposals that are the most advantageous to the City for tree services.

City staff reviewed tree work performed in previous fiscal years and determined that approximately $475,000 per fiscal year will cover routine and emergency tree related expenses for all City departments.

Staff recommends awarding contracts to EZ Tree, Inc., West Coast Arborists, Inc., and The Professional Tree Care Company, each for a total amount not to exceed $712,500 for the full term of the contracts, which will be a maximum of approximately 4.5 years should all options to extend be exercised. Each contract expires June 30, 2024, with three one-year extension options.

FISCAL IMPACT
If the City approves the proposed action, the agreements with EZ Tree Inc., West Coast Arborists Inc, and The Professional Tree Care Company are for an amount not to exceed $712,500 for the full life of each contract (approximately 4.5 years).

There is no new fiscal impact for Fiscal Year 2022-23 as funding for these costs is included in the adopted budget. All future payments for this agreement are subject to City Council approval of annual appropriations.

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301(h), maintenance of existing landscaping.

ATTACHMENTS

1. Reso Award On Call Tree Services Contracts 2022 CAO Stamp

2. EZ Tree -On- Call Tree Pruning and Removal Services - Consultant and Professional Services Agreement_CAO Stamp

3. WAC -On- Call Tree Pruning and Removal Services - Consultant and Professional Services Agreement_CAO Stamp

4. PTCC -On- Call Tree Pruning and Removal Services - Consultant and Professional Services Agreement_CAO Stamp

CONTACT
Melissa Tigbao, Public Works Director (707) 648-4301
[email protected]
RESOLUTION NO. 22-______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AWARDING CONSULTANT

AND PROFESSIONAL SERVICES AGREEMENTS FOR ON-CALL TREE PRUNING AND REMOVAL SERVICES TO EZ TREE INC., WEST COAST ARBORISTS, INC., AND THE

PROFESSIONAL TREE CARE COMPANY
WHEREAS, there is a continued need to retain on call contractors to perform routine and emergency tree pruning and removal services throughout the City; and WHEREAS, the City of Vallejo advertised the project on September 6, 2022 and on September 20, 2022 four bids were received and opened; and
WHEREAS, the staff reviewed bids and found the responsive and reasonably priced bidders to be, EZ Tree Inc., West Coast Arborists and The Professional Tree Care Company; and WHEREAS, Staff has reviewed tree pruning work performed in previous years and determined that $475,000 per fiscal year would cover expenses for Public Works’, Water’s, Fire’s and Code Enforcement’s needs; and
WHEREAS, each contract expires June 30, 2024 and includes the option of three one- (1-) year extensions, resulting in a total not to exceed amount of $712,500 for each contract.

NOW, THEREFORE, BE IT RESOLVED that, the City Council of the City of Vallejo finds as follows:

1. That the invitation for bids was duly advertised;

2. This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301(h), as the contract is for maintenance of existing landscaping.

BE IT FURTHER RESOLVED, that EZ Tree Inc, of Vallejo, California is determined to be a responsive and responsible bidder and is hereby awarded a contract in the amount of $712,500 for On Call Tree Pruning and Removal Services, and said contract is awarded to said bidder at the prices bid; and
BE IT FURTHER RESOLVED that West Coast Arborists, Inc., of Anaheim, California is determined to be a responsive and responsible bidder and is hereby awarded a contract in the amount of $ $712,500 for On Call Tree Pruning and Removal Services, and said contract is awarded to said bidder at the prices bid; and

BE IT FURTHER RESOLVED that The Professional Tree Care Company, of Berkeley, California is determined to be a responsive and responsible bidder and is hereby awarded a contract in the amount of $ $712,500 for On Call Tree Pruning and Removal Services, and said contract is awarded to said bidder at the prices bid; and
BE IT FURTHER RESOLVED that all other bids to-wit:

Tree Services:

Julian Tree Care Inc. $24,791
are hereby deemed rejected, upon the full execution of the contract documents by the successful bidders, with notice of rejection to be given thereupon by the City Clerk; and that the City Manager is hereby authorized to execute the contracts between the City of Vallejo and EZ Tree Inc., of Vallejo, CA, West Coast Arborists Inc., of Anaheim, Ca, and The Professional Tree Care Company, of Berkely, CA with any modifications recommended by City Attorney, and the City Clerk to attest the signing of those contracts.

Adopted by the City Council of the City of Vallejo at a regular meeting held on November 15, 2022 with the following vote:

AYES:

NOES:

ABSENT:
____________________________________
ROBERT H. McCONNELL, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Consultant and Professional Services Agreement- EZ Tree Page 1 of 11

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
This Consultant and Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 16th day of November, 2022, by and between the City of Vallejo, a municipal corporation ("City"), and EZ Tree Inc., a California Corporation, hereinafter referred to as “Consultant”, who agree as follows:

1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide the City professional services as specified in Exhibit A, entitled “Scope of Work.”

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

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

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

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

Consultant and Professional Services Agreement- EZ Tree Page 2 of 11

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

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

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

8. Independent Contractor. Consultant is an independent contractor.

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

9. Licenses, Permits, Etc. Consultant represents and warrants to City that all consultant services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Consultant and Professional Services Agreement- EZ Tree Page 3 of 11 Agreement and that Consultant has all the permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession.

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

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

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

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

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

Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Consultant is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by Consultant and Professional Services Agreement- EZ Tree Page 4 of 11 negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant.

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

In the event that the Consultant is unable to meet the completion date or schedule of services, Consultant shall immediately inform the City Representative of this in writing. If additional time is required to perform the work, the City Representative may adjust the schedule.

13. Time is of the Essence. Time is of the essence in this Agreement.

Any reference to days means calendar days, unless otherwise specifically stated.

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

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

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

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

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

Consultant and Professional Services Agreement- EZ Tree Page 5 of 11 City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Consultant. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed five (5) years.

If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo.

If funds to effect such continued payment are not appropriated, Consultant agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.

17. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving notice to Consultant. Upon receipt of a notice of termination, Consultant shall perform no further work except as specified in the notice. Before the date of termination, Consultant shall deliver to City all City records and documents, all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.

The City shall pay Consultant for services performed in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Consultant for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Consultant for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.

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

Consultant and Professional Services Agreement- EZ Tree Page 6 of 11 Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (2002) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.

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

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

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

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

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

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

22. Non-Discrimination/Fair Employment Practices.
(a) Consultant shall not, because of race, religious creed, color, sex, national original, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, Consultant and Professional Services Agreement- EZ Tree Page 7 of 11 terms, conditions or other privileges of employment, without regard to his race, religious creed, color, sex, national origin, ancestry, or disability, medical condition, age, marital status or sexual orientation.

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

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

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

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

If to City: Jason Lacey
Landscape Maintenance Manager
Public Works Department
555 Santa Clara Street
Vallejo, CA 94590
If to Consultant: Arthur L. Durden
Owner
EZ Tree Inc.
2103 Redwood St., Suite 200
Vallejo, CA 94590
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.

Consultant and Professional Services Agreement- EZ Tree Page 8 of 11 Routine administrative communications shall be made pursuant to section 1 of Exhibit A.

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

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

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

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

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

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

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

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

Consultant and Professional Services Agreement- EZ Tree Page 9 of 11

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

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

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

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

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

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

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

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

Consultant and Professional Services Agreement- EZ Tree Page 10 of 11

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

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

Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments [SIGNATURES ON FOLLOWING PAGE]
Consultant and Professional Services Agreement- EZ Tree Page 11 of 11 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

EZ Tree Inc.

A California corporation
By:

Arthur L. Durden
Owner
DATE:

11701082
Vallejo Business License No.
(City Seal)

CITY OF VALLEJO,
a municipal corporation
By:

Michael Malone
City Manager
DATE:

ATTEST:

By:

Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:

Melissa Tigbao
Public Works Director
APPROVED AS TO FORM:

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

Armond Sarkis
Risk Manager
Consultant and Professional Services Agreement- EZ Tree Page 1 of 2 Exhibit A – Scope of Work

EXHIBIT A

SCOPE OF WORK

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

Jason Lacey
Landscape Maintenance Manager
Public Works Department
555 Santa Clara Street
Vallejo CA 94590
707-553-7219
[email protected]
The Consultant’s Representative for this Agreement is:

Yvette Ramos
Accountant Specialist
EZ Tree Inc.
2103 Redwood Street, Suite 200
Vallejo, CA 94590
707-333-3180
All routine administrative communications between the parties shall 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. Consultant shall provide on-call tree pruning, tree removal and other related service specific projects as may be requested by the Landscape Maintenance Manager or other City Representative; such services shall be defined in the quote provided by the consultant and based on City’s need at the time. The services provided throughout the term of this Agreement may include the services specified in the Request for Proposals issued by the City on September 6, 2022.

3. 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 be granted. Any substitutes shall be persons of comparable or superior Consultant and Professional Services Agreement- EZ Tree Page 2 of 2 Exhibit A – Scope of Work
expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination.

Key personnel are as follows:

Arthur Durden – Owner
Yvette Ramos – Consultant Account Specialist
Linda Ljuba – Arborist
Zechariah Guarniere – Project Manager
Alfonso Hernandez – Crew Lead
Travis Grimes – Climber
Elijah Durden – Climber / Groundmen
Zacharia Durden – Groundmen
Mauro Miranda – Groundmen
Elio Cardenas – Senior Climber
Joseph Rivera – Climber
Sebastian Palomera – Groundmen
Gregario Hernandez - Groundmen
Consultant and Professional Services Agreement-EZ Tree Page 1 of 5 Exhibit B - Compensation

EXHIBIT B

COMPENSATION

1. Consultant’s Compensation.

A. Services: City agrees to pay Consultant, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed Seven Hundred Twelve Thousand Five Hundred Dollars and Zero Cents [ $712,500 ].

Consultant shall notify City in writing no later than thirty (30) days prior to the estimated date when Consultant will have billed City the maximum payment amount permitted under this Agreement, and Consultant shall provide City with an estimate of the additional compensation required to complete the project.

B. Additional Services:

1. Additional Services are those services related to the scope of Services of Consultant as set forth in Exhibit A but not anticipated at the time of execution of this Agreement. Additional Services shall be provided only when a Supplemental Agreement authorizing such Additional Services is approved by the City Manager, or his or her designee. City reserves the right to perform any Additional Services with its own staff or to retain other Consultants to perform said Additional Services.

2. Consultant’s compensation for Additional Services shall be based on the total number of hours spent on Additional Services multiplied by the employees' appropriate billable hourly rate as established below. City, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises. Where a fixed fee for Additional Services is established by mutual Agreement between City and Consultant, compensation to Consultant shall not exceed the fixed fee amount.

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

Consultant’s billable hourly rates shall be as listed in Attachment 1 of Exhibit B, attached hereto and incorporated herein by this reference.

3. Consultant’s Reimbursable Expenses. Reimbursable Expenses shall be limited to actual reasonable expenditures of Consultant for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.

4. Payments to Consultant.

Consultant and Professional Services Agreement-EZ Tree Page 2 of 5 Exhibit B - Compensation
A. Payments to Consultant shall be made within a reasonable time after receipt of Consultant’s invoice, said payments to be made in proportion to services performed. Consultant may request payment on a monthly basis. Consultant shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.

B. All invoices submitted by Consultant shall contain the following information:

1. Description of services billed under the invoice

2. Date of Invoice Issuance

3. Sequential Invoice Number

4. City’s Purchase Order Number (if issued)

5. Consultant’s SSN or Taxpayer Identification Number

6. Amount of the Invoice (Itemize all Reimbursable Expenses)

7. Total Billed to Date
C. Items shall be separated into Services and Reimbursable Expenses.

Billings that do not conform to the format outlined above shall be returned to Consultant for correction. City shall not be responsible for delays in payment to Consultant resulting from Consultant’s failure to comply with the invoice format described above.

D. Invoices, account statements and payment inquiries shall be sent to:

[email protected]

5. Accounting Records of Consultant. Consultant shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Consultant’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Consultant’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Consultant shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty four (24) hours’ notice.

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

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

Consultant and Professional Services Agreement-EZ Tree Page 3 of 5 Exhibit B - Compensation

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

Consultant and Professional Services Agreement-EZ Tree Page 4 of 5 Exhibit B - Compensation
Attachment 1 of Exhibit B

Consultant and Professional Services Agreement-EZ Tree Page 5 of 5 Exhibit B - Compensation

Consultant and Professional Services Agreement-EZ Tree Page 1 of 3 Exhibit C – Insurance Requirements

EXHIBIT C

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

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

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

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

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

D. Contractors’ Pollution Legal Liability.

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

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

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

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

Consultant and Professional Services Agreement-EZ Tree Page 2 of 3 Exhibit C – Insurance Requirements
D. Contractors’ Pollution Legal Liability with limits no less than $1,000,000 per occurrence.

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

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

A. The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. The insurance is to be issued by companies licensed to do business in the State of California.

B. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Vallejo, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

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

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

E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written Consultant and Professional Services Agreement-EZ Tree Page 3 of 3 Exhibit C – Insurance Requirements
notice by certified mail, return receipt requested, has been given to the City.

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

5. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.

6. Verification of Coverage. Consultant shall furnish the City with certificates of insurance and original endorsements effecting general and automobile liability insurance coverage required by this clause. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.

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

8. Payment Withhold. City will withhold payments to Consultant if the certificates of insurance and endorsements required in Paragraph F, above, are canceled or Consultant otherwise ceases to be insured as required herein.

Consultant and Professional Services Agreement- WCA Page 1 of 11

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
This Consultant and Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 16th day of November 2022, by and between the City of Vallejo, a municipal corporation ("City"), and West Coast Arborists, Inc., a California Corporation, hereinafter referred to as “Consultant”, who agree as follows:

1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide the City professional services as specified in Exhibit A, entitled “Scope of Work.”

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

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

Consultant and Professional Services Agreement- WCA Page 2 of 11

8. Independent Contractor. Consultant is an independent contractor.

9. Licenses, Permits, Etc. Consultant represents and warrants to City that all consultant services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Consultant and Professional Services Agreement- WCA Page 3 of 11 Agreement and that Consultant has all the permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession.

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

Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Consultant is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by Consultant and Professional Services Agreement- WCA Page 4 of 11 negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant.

13. Time is of the Essence. Time is of the essence in this Agreement.

Any reference to days means calendar days, unless otherwise specifically stated.

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

Consultant and Professional Services Agreement- WCA Page 5 of 11 City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Consultant. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed five (5) years.

Consultant and Professional Services Agreement- WCA Page 6 of 11 Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (2002) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.

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

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

22. Non-Discrimination/Fair Employment Practices.
(a) Consultant shall not, because of race, religious creed, color, sex, national original, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, Consultant and Professional Services Agreement- WCA Page 7 of 11 terms, conditions or other privileges of employment, without regard to his race, religious creed, color, sex, national origin, ancestry, or disability, medical condition, age, marital status or sexual orientation.

If to City: Jason Lacey
Landscape Maintenance Manager
Public Works Department
555 Santa Clara Street
Vallejo, CA 94590
If to Consultant: Victor Gonzalez
Vice President
West Coast Arborists, Inc.
2200 E. Via Burton Street
Anaheim, CA 92806
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.

Consultant and Professional Services Agreement- WCA Page 8 of 11 Routine administrative communications shall be made pursuant to section 1 of Exhibit A.

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

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

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

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

32. Confidentiality of City Information. During the performance of services under this Agreement, Consultant may gain access to and use City information Consultant and Professional Services Agreement- WCA Page 9 of 11 regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as "City Information") which are valuable, special and unique assets of the City. Consultant agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Consultant’s scope of work , to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law.

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

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

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

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

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

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

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

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

Consultant and Professional Services Agreement- WCA Page 10 of 11

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

Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments [SIGNATURES ON FOLLOWING PAGE]
Consultant and Professional Services Agreement- WCA Page 11 of 11 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

West Coast Arborists, Inc.

A California corporation
By:

Victor Gonzalez
Vice President
DATE:

Vallejo Business License No.
(City Seal)

CITY OF VALLEJO,
a municipal corporation
By:

Michael Malone
City Manager
DATE:

ATTEST:

By:

Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:

Melissa Tigbao
Public Works Director
APPROVED AS TO FORM:

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

Armond Sarkis
Risk Manager
Consultant and Professional Services Agreement- WAC Page 1 of 2 Exhibit A – Scope of Work

EXHIBIT A

SCOPE OF WORK

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

Jason Lacey
Landscape Maintenance Manager
Public Works Department
555 Santa Clara Street
Vallejo CA 94590
707-553-7219
[email protected]
The Consultant’s Representative for this Agreement is:

Joseph Bartolo
Area Manager
West Coast Arborists, Inc.
2200 E. Via Burton Street
Anaheim, CA 92806
714-991-1900
[email protected]
All routine administrative communications between the parties shall 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.

3. 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 Consultant and Professional Services Agreement- WAC Page 2 of 2 Exhibit A – Scope of Work
to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination.

Key personnel are as follows:

Victor Gonzalez
Joseph Bartolo
Michael Nunes
Consultant and Professional Services Agreement-WAC Page 1 of 5 Exhibit B - Compensation

EXHIBIT B

COMPENSATION

1. Consultant’s Compensation.

B. Additional Services:

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

Consultant’s billable hourly rates shall be as listed in Attachment 1 of Exhibit B, attached hereto and incorporated herein by this reference.

4. Payments to Consultant.

Consultant and Professional Services Agreement-WAC Page 2 of 5 Exhibit B - Compensation
A. Payments to Consultant shall be made within a reasonable time after receipt of Consultant’s invoice, said payments to be made in proportion to services performed. Consultant may request payment on a monthly basis. Consultant shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.

B. All invoices submitted by Consultant shall contain the following information:

1. Description of services billed under the invoice

2. Date of Invoice Issuance

3. Sequential Invoice Number

4. City’s Purchase Order Number (if issued)

5. Consultant’s SSN or Taxpayer Identification Number

6. Amount of the Invoice (Itemize all Reimbursable Expenses)

7. Total Billed to Date
C. Items shall be separated into Services and Reimbursable Expenses.

D. Invoices, account statements and payment inquiries shall be sent to:

[email protected]

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

Consultant and Professional Services Agreement-WAC Page 3 of 5 Exhibit B - Compensation

Consultant and Professional Services Agreement-WAC Page 4 of 5 Exhibit B - Compensation
Attachment 1 of Exhibit B

Consultant and Professional Services Agreement-WAC Page 5 of 5 Exhibit B - Compensation

Consultant and Professional Services Agreement- WAC Page 1 of 3 Exhibit C – Insurance Requirements

EXHIBIT C

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

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

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

D. Contractors’ Pollution Legal Liability.

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

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

Consultant and Professional Services Agreement- WAC Page 2 of 3 Exhibit C – Insurance Requirements
D. Contractors’ Pollution Legal Liability with limits no less than $1,000,000 per occurrence.

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

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

E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written Consultant and Professional Services Agreement- WAC Page 3 of 3 Exhibit C – Insurance Requirements
notice by certified mail, return receipt requested, has been given to the City.

5. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.

Consultant and Professional Services Agreement- PTCC Page 1 of 11

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
This Consultant and Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 16th day of November 2022, by and between the City of Vallejo, a municipal corporation ("City"), and The Professional Tree Company, a California Corporation, hereinafter referred to as “Consultant”, who agree as follows:

1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide the City professional services as specified in Exhibit A, entitled “Scope of Work.”

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

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

Consultant and Professional Services Agreement- PTCC Page 2 of 11

8. Independent Contractor. Consultant is an independent contractor.

9. Licenses, Permits, Etc. Consultant represents and warrants to City that all consultant services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Consultant and Professional Services Agreement- PTCC Page 3 of 11 Agreement and that Consultant has all the permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession.

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

Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Consultant is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by Consultant and Professional Services Agreement- PTCC Page 4 of 11 negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant.

13. Time is of the Essence. Time is of the essence in this Agreement.

Any reference to days means calendar days, unless otherwise specifically stated.

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

Consultant and Professional Services Agreement- PTCC Page 5 of 11 City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Consultant. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed five (5) years.

Consultant and Professional Services Agreement- PTCC Page 6 of 11 Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (2002) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.

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

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

22. Non-Discrimination/Fair Employment Practices.
(a) Consultant shall not, because of race, religious creed, color, sex, national original, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, Consultant and Professional Services Agreement- PTCC Page 7 of 11 terms, conditions or other privileges of employment, without regard to his race, religious creed, color, sex, national origin, ancestry, or disability, medical condition, age, marital status or sexual orientation.

If to City: Jason Lacey
Landscape Maintenance Manager
Public Works Department
555 Santa Clara Street
Vallejo, CA 94590
If to Consultant: Charles Slesinger
Bid Coordinator
The Professional Tree Care Company
2828 8th Street
Berkeley, CA 94710
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.

Consultant and Professional Services Agreement- PTCC Page 8 of 11 Routine administrative communications shall be made pursuant to section 1 of Exhibit A.

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

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

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

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

Consultant and Professional Services Agreement- PTCC Page 9 of 11

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

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

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

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

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

Consultant and Professional Services Agreement- PTCC Page 10 of 11

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

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

Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments [SIGNATURES ON FOLLOWING PAGE]
Consultant and Professional Services Agreement- PTCC Page 11 of 11 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.

The Professional Tree Care Company
A California corporation
By:

Charles Slesinger
Bid Coordinator
DATE:

Vallejo Business License No.
(City Seal)

CITY OF VALLEJO,
a municipal corporation
By:

Michael Malone
City Manager
DATE:

ATTEST:

By:

Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:

Melissa Tigbao
Public Works Director
APPROVED AS TO FORM:

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

Armond Sarkis
Risk Manager
Consultant and Professional Services Agreement- PTCC Page 1 of 3 Exhibit A – Scope of Work

EXHIBIT A

SCOPE OF WORK

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

Jason Lacey
Landscape Maintenance Manager
Public Works Department
555 Santa Clara Street
Vallejo CA 94590
707-553-7219
[email protected]
The Consultant’s Representative for this Agreement is:

Craig Hancock
Project Manager / Sit Supervisor
The Professional Tree Care Company
2828 8th Street
Berkeley, CA 94710
510-549-3954
All routine administrative communications between the parties shall 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.

3. 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 Consultant and Professional Services Agreement- PTCC Page 2 of 3 Exhibit A – Scope of Work
to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination.

Key personnel are as follows:

Brian Fenske
Craig Hancock
Ruben Vargas
Abraham Gutierrez
Aengus McGiffin
Consultant and Professional Services Agreement- PTCC Page 3 of 3 Exhibit A – Scope of Work
Consultant and Professional Services Agreement-PTCC Page 1 of 5 Exhibit B - Compensation

EXHIBIT B

COMPENSATION

1. Consultant’s Compensation.

B. Additional Services:

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

Consultant’s billable hourly rates shall be as listed in Attachment 1 of Exhibit B, attached hereto and incorporated herein by this reference.

4. Payments to Consultant.

Consultant and Professional Services Agreement-PTCC Page 2 of 5 Exhibit B - Compensation
A. Payments to Consultant shall be made within a reasonable time after receipt of Consultant’s invoice, said payments to be made in proportion to services performed. Consultant may request payment on a monthly basis. Consultant shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.

B. All invoices submitted by Consultant shall contain the following information:

1. Description of services billed under the invoice

2. Date of Invoice Issuance

3. Sequential Invoice Number

4. City’s Purchase Order Number (if issued)

5. Social Security Number or Taxpayer Identification Number

6. Amount of the Invoice (Itemize all Reimbursable Expenses)

7. Total Billed to Date
C. Items shall be separated into Services and Reimbursable Expenses.

D. Invoices, account statements and payment inquiries shall be sent to:

[email protected]

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

Consultant and Professional Services Agreement-PTCC Page 3 of 5 Exhibit B - Compensation

Consultant and Professional Services Agreement-PTCC Page 4 of 5 Exhibit B - Compensation
Attachment 1 of Exhibit B

Consultant and Professional Services Agreement-PTCC Page 5 of 5 Exhibit B - Compensation

Consultant and Professional Services Agreement- PTCC Page 1 of 3 Exhibit C – Insurance Requirements

EXHIBIT C

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

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

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

D. Contractors’ Pollution Legal Liability.

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

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

Consultant and Professional Services Agreement- PTCC Page 2 of 3 Exhibit C – Insurance Requirements
D. Contractors’ Pollution Legal Liability with limits no less than $1,000,000 per occurrence.

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

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

E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written Consultant and Professional Services Agreement- PTCC Page 3 of 3 Exhibit C – Insurance Requirements
notice by certified mail, return receipt requested, has been given to the City.

5. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.

CONSENT CALENDAR 8.E.

DATE: November 15, 2022
TO: Mayor and Members of the City Council
FROM: Gillian Hayes, Assistant City Manager
Natalie Peterson, Assistant to the City Manager
SUBJECT: RECEIVE THE CITY MANAGERS REQUEST AND RATIFY THE FISCAL YEAR 2021- 2022 PROJECT ROOMKEY EXPENDITURES AND ACCEPT THE PRK AND REHOUSING

STRATEGY FUNDS AND CMSP CERG FUNGS GRANT IN THE AMOUNT OF $1,307,457

RECOMMENDATION
Ratify Fiscal Year 2021-2022 Project Roomkey expenditures in the amount of $1,059,494.80 and accept the PRK and Rehousing Strategy Funds and CMSP CERG Funds grant in the amount of $1,307,457

REASONS FOR RECOMMENDATION
The City of Vallejo was awarded grant funding through the Community Action Partnership of Solano, Joint Powers Authority totaling $1,307,457.00. The City of Vallejo was successful in expending $1,059,494.80 of the funding on eligible items and activities related to Project Roomkey.

BACKGROUND AND DISCUSSION
The Community Action Partners of Solano Joint Powers Authority (CAP Solano JPA) received funding from Solano County under the PRK and Rehousing Strategy Funds and CMSP CERG Funds to support additional homelessness prevention activities to mitigate the impacts created by COVID-19 in Solano County. CAP Solano JPA awarded the funds to the City of Vallejo to extend Project Roomkey. Project Roomkey was originally intended to close in October of 2021, and the additional funding from the PRK and Rehousing Strategy Funds and CMSP CERG Funds allowed the City to extend the Program to January 5, 2022. This extension was intended to allow the participants and program staff additional time to help individuals transition out of Project Roomkey into alternative housing options before the program came to closure.

The grant award was not accepted by City Council and the budget has not been amended to recognize and authorize appropriation of these funds. There was also a delay in executing the Memorandum of Understanding with CAP Solano JPA as the City had to wait for an executed agreement between the funding source and CAP Solano JPA, the fiscal agent of the funds. The proposed recommendations seek to rectify this by ratifying FY 21-22 Project Roomkey expenditures, and accepting the grant amount of $1,307,457.

FISCAL IMPACT
The City of Vallejo was awarded grant funding through the Community Action Partnership of Solano, Joint Powers Authority. The City was successful in expending $1,059,494.80 of the funding on eligible items and activities related to Project Roomkey. This action will ratify FY 21-22 Project Roomkey expenditures in the amount of $1,059,494.80.

Date: November 15, 2022
Subject: RECEIVE THE CITY MANAGERS REQUEST AND RATIFY THE FISCAL YEAR 2021- 2022 PROJECT ROOMKEY EXPENDITURES AND ACCEPT THE PRK AND

REHOUSING STRATEGY FUNDS AND CMSP CERG FUNGS GRANT IN THE AMOUNT OF $1,307,457

Page 2 ends

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

ATTACHMENTS

1. CAP Solano JPA and Vallejo PRK-Rehousing Strategy Funds and CMSP CERG Funds MOU

CONTACT
Gillian Hayes, Assistant City Manager (707) 648-4163
[email protected]

CONSENT CALENDAR 8.F.

DATE: November 15, 2022
TO: Mayor and Members of the City Council
FROM: Michael Malone, City Manager
Natalie Peterson, Assistant to the City Manager
SUBJECT: AUTHORIZE THE MAYOR TO SIGN A LETTER OF SUPPORT OF THE CITYS REQUEST

TO THE COUNTY OF SOLANO FOR ARPA FUNDING TO SUPPORT THE NAVIGATION

CENTER AND BROADWAY (HOMEKEY) PROJECTS

RECOMMENDATION
Authorize Mayor McConnell to sign letter of support on behalf of the Vallejo City Council

REASONS FOR RECOMMENDATION
The Navigation Center and Broadway Project are two very important projects for the City of Vallejo, that will help address the homelessness concerns in the City. By approving this item, City Council will be sending a letter of support for the City's request for the needed funds to close the construction gap and provide additional services and years of operations for the projects. This letter will be sent to the Solano County Board of Supervisors and County staff.

BACKGROUND AND DISCUSSION
The City of Vallejo first heard about the opportunity to request County American Rescue Plan Act (ARPA) funds on December 22, 2021, when staff was contacted by County staff and presented with an opportunity to submit a proposal for affordable housing projects and homeless related projects for funding consideration by the Board of Supervisors. At that time, we were informed that the Board wanted to explore areas of partnership that may exist to provide mutually beneficial affordable housing to Disadvantaged Communities, underserved populations, and/or those with very low/low incomes.

The City of Vallejo is requesting an allocation of County ARPA funding to be used for construction funding gaps and operational support for the Navigation Center and Broadway Project (Homekey).

The City is requesting $7,600,000 for the Navigation Center. This includes $2,000,000 towards construction and $5,600,000 for two years of operations. The City is also requesting $4,050,000 for the Broadway Project (Homekey). This includes $3,000,000 towards construction and $1,050,000 for one-time furnishings, two years of operations and lease-up support.

FISCAL IMPACT
There is no fiscal impact associated with this action.

ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because the authorization for a letter of support for funding 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.

Date: November 15, 2022
Subject: AUTHORIZE THE MAYOR TO SIGN A LETTER OF SUPPORT OF THE CITYS

REQUEST TO THE COUNTY OF SOLANO FOR ARPA FUNDING TO SUPPORT THE

NAVIGATION CENTER AND BROADWAY (HOMEKEY) PROJECTS

Page 2 ends

ATTACHMENTS

1. COV ARPA Request_Nav Center Homekey

2. Vallejo - County ARPA executive summary 11.4.22 update

CONTACT
Natalie Peterson, Assistant to the City Manager (707) 649-3415 [email protected]
Robert H. McConnell ∙ Office of the Mayor ∙ 555 Santa Clara Street, Second Floor ∙ Vallejo, CA 94590 ∙ 707.648.4377 November 15, 2022
To: Honorable Solano County Board of Supervisors
Birgitta E. Corsello, County Administrator

RE: City of Vallejo American Rescue Plan Act Funds Request for the Vallejo Navigation Center and an Affordable Housing Homekey Project – Broadway Project Dear Honorable Board of Supervisors and County Staff,
The City of Vallejo is pleased to provide the Board of Supervisors with an update on the request for County’s American Rescue Plan Act (ARPA) funding for the Navigation Center and Broadway Project (Homekey). Both projects have construction gaps that can be closed with the assistance of County ARPA funds.

We appreciate that County Staff reached out to inquire about affordable housing and homeless related projects that may benefit from the County’s direct allocation of ARPA funds. The City of Vallejo first heard about the opportunity on December 22, 2021, when we were contacted by County staff and presented with an opportunity to submit a proposal for affordable housing projects and homeless related projects for the Board of Supervisor’s consideration. At that time, we were informed that the Board wanted to explore areas of partnership that may exist to provide mutually beneficial affordable housing to Disadvantaged Communities, underserved populations and/or those with very low/low incomes.

The summary of our projects and request are outlined in this letter. Additionally, we have included an executive summary of the City’s request that has been provided to the Supervisors and County staff.

The Vallejo City Council strongly urges the Board of Supervisors to review Vallejo’s request and consider funding these projects, so that we can bring both well needed projects online in Solano County.

Navigation Center
The Vallejo Navigation Center is a 125 bed homeless Navigation Center that will be a “one-stop-shop” for services critical to helping address homelessness. The structures have been purchased and built. City staff has received approval from Council to negotiate site acquisition and will be bringing and item to Council before the end of the calendar year for purchase. The City will be releasing an RFP for a service provider who will provide personalized case management, job training and employment services, eviction COV ARPA Request/Nav Center & Homekey

Page 2 ends

protection, outreach, medical and dental services, housing navigation, meals, and other services to the individuals during their time at the Navigation Center.

The City’s request is for: $7,600,000. This includes $2,000,000 towards construction and $5,600,000 for two years of operations.

The overall construction cost of the project is $6.6M. The City has $4,709,448 of existing funding that has been allocated to the construction of the Navigation Center. Additionally, the City has received $6,100,000 in grants from Healthcare Partners (Kaiser, North Bay, and Sutter Health) which will provide approximately 2.5 years of operations.

Broadway Project (Homekey)
The City of Vallejo received $12.1 million from the Department of Housing and Urban Development Division (HUD) for their Homekey grant. Vallejo’s Broadway Project will be 47 permanent supportive housing units and 1 manager unit. The Broadway Project will be located on Broadway and Mini Drive and has broken ground for construction. The City is partner with Firm Foundations Community Housing, Shelter Inc., and Factory OS to develop, build, and operate the facility, which is anticipated to open in early 2023. Shelter Inc. will be the service provider for the project and provide on-site case management.

Outside service coordination, life skills classes (including budgeting, stress management, computer skills, job training, nutrition, and hygiene) and public transportation assistance.

The City’s request is for: $4,050,000. This includes $3,000,000 towards construction and $1,050,000 for one time furnishings, two years of operations and lease-up support.

The overall construction of the project is $21,926,795 of which the City has allocated $13,614,606 of existing grant and City funds towards the project. The City has also applied for additional HUD grants and philanthropic donations to bring the project to completion. The services for this project will be sustained through the Project Based Voucher, which will provide an annual amount of $633,936.

Thank you for the consideration. Please contact City staff member, Natalie Peterson ([email protected]) if you have any questions regarding either project.

Sincerely,
Robert H. McConnell
Mayor, on behalf of the Vallejo City Council
Enclosures:

City of Vallejo – County ARPA Request Executive Summary er:RHM
cc:file
Office of the City Manager ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4576 City of Vallejo – County ARPA Request
Vallejo Navigation Center
Project: 125 bed homeless Navigation Center. This will be a “one-stop shop” for services critical to helping address homelessness.

Request: $7,600,000
Construction: $2,000,000
Services: $5,600,000
Project Amount: $6.6M (construction)
Existing Funding: $4.7M (construction))
Construction:
oCity ARPA: $2,000,000
oCity’s CDBG: $913,210
oState PLHA: $1,796,238
General Fund: $112,937
Services: $6,100,000 from Healthcare
Partners (Kaiser, North Bay and Sutter
Health)
Update: Structures have been purchased and built
Site: 1937 Broadway, on 11/1/22 Council approved the License and Purchase Agreement for Navigation Center location
Services: Personalized case management, job training/employment services, eviction prevention, outreach, medical and dental services, housing navigation, meals Broadway Project (Homekey)
Project: 47 Permanent Supportive Housing units anticipated to open Spring 2023.

Request: $4,050,000
Construction: $3,000,000
Services: $1,050,000 (furnishings, 2
years & lease-up)
Project Amount: $21,926,795 (total
development budget)
Existing Funding: $13,614,606
Homekey Award: $11,621,866
City ARPA: $192,740
HOME ARP: $1,800,000
Services: $633,936 – Yearly Project
Based Vouchers
Update: Groundbreaking occurred September 2022
Partners: Firm Foundations Community Housing, Shelter Inc., Factory OS Site: 2440 Broadway Street
Services: On-site case management, outside service coordination, life skills classes (including:
budgeting, stress management, computer skills, job training, nutrition, hygiene) public transportation assistance

CONSENT CALENDAR 8.G.

DATE: November 15, 2022
TO: Mayor and Members of the City Council
FROM: Jason Ta, Interim Police Chief
SUBJECT: ADOPT A RESOLUTION AMENDING FISCAL YEAR 2022-2023 BUDGET OF CAPITAL GRANT AND CONTRIBUTION FUND # 221 TO APPROPRIATE $999,611 TO ESTABLISH

PROJECT HOME (HOMELESS OUTREACH, MENTORSHIP, AND EMPOWERMENT) (STEP 2 OF 2).

RECOMMENDATION
Adopt a resolution amending Fiscal Year 2022-23 Budget of Capital Grant and Contribution Fund # 221 to recognize revenues and appropriate expenditures in the amount of $999,611.00 for Project HOME.

REASONS FOR RECOMMENDATION
The City of Vallejo was awarded $999,611.00 through Proposition 47. These funds will be seed to establish Project HOME (Homeless Outreach, Mentorship, Empowerment). Authorization will provide the budget amendment to effectively manage the grant funds and to utilize such funds for the expenditures related to its implementation.

BACKGROUND AND DISCUSSION
The City of Vallejo submitted a proposal for Proposition 47 funding for Project HOME (Homeless Outreach, Mentorship, and Empowerment). HOME will provide comprehensive, evidence-based, trauma-informed diversion services and temporary housing through intensive case management/care coordination for qualified homeless justice-impacted Transition Aged Youth (TAY, aged 16-24) experiencing mental illness and/or substance use disorders.

Staff plans to serve a minimum of 120 unique high-risk TAY over three years. Based on the demographic characteristics of TAY in Vallejo, our program will primarily sere those belonging to vulnerable populations and protected classes of race, ethnicity, age, religion gender identity, sexual orientation, and mental or physical disability.

HOME brings together 14 community groups to create a full spectrum of wrap-around services that leverage the individual expertise and resources of each partner organization. Early intervention is the best strategy to reduce the risk of mental health crisis. A typical police response to incidents of mental health crises often result in depersonalization and criminalization of people with mental illness, and threaten to undo progress in promoting recovery, dignity, and integration. The Vallejo Police Department (VPD) seeks to change the trajectory of its response to youth experiencing mental illness and/or substance abuse, decreasing their likelihood of being a perpetrator or victim of violence, through trauma informed treatment, service referrals, and training for VPD officers. The joint initiative allows community dialog, collaboration, and advances racial equity.

HOME will support restorative justice approaches that address behavioral health needs over punishment while preserving public safety through trauma-informed services, educational and job training, and family strengthening. HOME will serve 120 participants total (40 annually) with services generally lasting between four and 12 months. Services will include: Recruitment, Case Management, Mental Health and/or Substance

Date: November 15, 2022
Subject: ADOPT A RESOLUTION AMENDING FISCAL YEAR 2022-2023 BUDGET OF CAPITAL GRANT AND CONTRIBUTION FUND # 221 TO APPROPRIATE $999,611 TO

ESTABLISH PROJECT HOME (HOMELESS OUTREACH, MENTORSHIP, AND EMPOWERMENT) (STEP 2 OF 2).

Page 2 ends

Abuse, Housing and/or Basic Needs, and Workplace Training.

At the October 25, 2022 Council Approved:

1. Adopt a resolution authorizing the City Manager or his designee to accept the Proposition 47 award in the amount of $999,611

2. Provide Notice of Intent to amend Fiscal Year 2022-23 budget to recognize grant revenue in the amount of $999,611 and appropriate expenditures of $999,611 during the funding time period.

This is the second step of the two step budget amendment process.

FISCAL IMPACT
Approval of this item will increase the Fiscal Year 2022-23 Budget of Capital Grant and Contribution Fund# 221 revenues by $999,611.00. The expenditure budget will be adjusted by the same amount.

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 I the environment, pursuant to CEQA Guideline section 15378.

ATTACHMENTS

1. Prop 47 Reso (Step 2)

CONTACT
Jason Ta, Interim Police Chief
[email protected]
Approved as to form:

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AMENDING FISCAL YEAR 2022-23 BUDGET OF CAPITAL GRANT AND CONTRIBUTION FUND # 221 TO INCREASE REVENUES AND EXPENDITURES IN THE AMOUNT OF $999,611 FOR

PROJECT HOME (HOMELESS OUTREACH, MENTORSHIP, AND EMPOWERMENT) WHEREAS, the City of Vallejo submitted a proposal for Proposition 47 funding for Project HOME (Homeless Outreach, Mentorship, and Empowerment); and
WHEREAS, the City was awarded $999,611 from Proposition 47 funds; and WHEREAS, these funds will be utilized to establish Project HOME; and WHEREAS, in accordance with the City Charter, notice of intent to amend the budget was provided on October 25, 2022 .

NOW THEREFOR, BE IT FURTHER RESOLVED that the City Council hereby amends the Fiscal Year 2022-23 budget of Capital Grant and Contribution Fund# 221 by increasing revenues and expenditures in the amount of $999,6111 to accept the Proposition 7 funding and to implement Project HOME.

Adopted by the Council of the City of Vallejo at a special meeting held on November 15, 2022 with the following vote:

AYES:

NOES:

ABSENT:

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

DATE: November 15, 2022
TO: Mayor and Members of the City Council
FROM: Naveed Ashraf, Chief Innovation Officer & IT Director SUBJECT: ADOPT A RESOLUTION APPROVING THE ESRI (ENVIRONMENTAL SYSTEMS

RESEARCH INSTITUTE) GEO-SPATIAL INFORMATION SYSTEMS (GIS) ENTERPRISE

MULTI-YEAR LICENSE AGREEMENT AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAME

RECOMMENDATION
Adopt Resolution approving the multi-year contract with ESRI (Environmental Systems Research Institute), Geo-Spacial Information Systems (GIS) multi-year License Agreement in the total amount of $240,000 and authorizing the City Manager to execute same.

REASONS FOR RECOMMENDATION
The City of Vallejo has standardized its GIS services software and platform to ESRI (Environmental Systems Research Institute). ESRI is one of the premiere leaders in producing GIS software worldwide. By standardizing the GIS platform across the City, there are huge cost savings as efforts are unified and not spent on multiple software packages.

BACKGROUND AND DISCUSSION
On January 14, 2020, the Vallejo City Council approved the 3-year contract with ESRI. The 3-year contract is up for renewal in January 2023. The decision was made to standardize one GIS vendor across the city. ESRI GIS platform was selected.

In the past decade, GPS and mapping technologies have become an integral part of our daily lives.

Nowadays, many popular computer/mobile applications use some type of mapping served by either Google, Microsoft, or Apple mapping services. Even though the free mapping services work well in daily lives, they are not suitable for organizations with specific needs. For example, the City of Vallejo will not be able to use the generic Google map for its permitting system. A more customized approach is needed. This is where the ESRI GIS plateform is useful. The ESRI GIS platform installed on local servers and in the cloud allows the City of Vallejo to develop our own customized maps. The customized maps can be updated at a regular interval or can be changed on demand.

In 2021, the city clerk's office undertook a major project as new election district maps had to be defined after a nationwide census was done. The city clerk's office worked closely with a consultant and Solano County to make several maps and shift district lines until a final equally distributed map was adopted by the city council.

This process took several months and several public meetings to complete. The ESRI GIS platform was used to accomplish this task. Now a final newly adopted district map is displayed on the city website and the map is served by our ESRI mapping service. This is just one example of flexibility achieved by having your own GIS system.

Currently, GIS is part of the several mission critical applications used by the city:
 Central Square Community and Land Management permitting system.  NexGen, MMS (maintenance management system) is used by Water and Public Works.  Water modeling maps and many other engineering layers are used in the water department.

Date: November 15, 2022
Subject: ADOPT A RESOLUTION APPROVING THE ESRI (ENVIRONMENTAL SYSTEMS

RESEARCH INSTITUTE) GEO-SPATIAL INFORMATION SYSTEMS (GIS)

ENTERPRISE MULTI-YEAR LICENSE AGREEMENT AND AUTHORIZING THE

CITY MANAGER TO EXECUTE SAME

Page 2 ends

 Sun Ridge RIM CAD (computer aided dispatch) is used by the Police and Fire.  Crime data dashboards are used by the Police Department.  Fiber and broadband maps are used by Information Technology and Economic Development.  Smart Route street sweeping software is used by the Public Works Department.  The general plan, zoning maps, and parcel data are used by the Planning and Building Division.  District Election boundaries are used by the City Clerk's office and by our citizens.  Informational maps for our citizens are posted on the city website.

As you can see from the above partial list, ESRI customized GIS is in heavy use by the city. The city staff relies on mapping data modeling to make good decisions. The Information Technology Department is in close talks with the Solano County to explore possibilities of combing GIS services. This would require a JPA (Joint Power Agreement) or a MOU (Memo of Understanding) to be established before combining the GIS licenses with the Solano County. We are about a couple of years away from accomplishing this licensing merger. The licensing merger will save the city even more as all ESRI GIS licensing would be purchased by Solano County. In the meantime, the current 3-year contract approved on January 14, 2020 is set to expire soon. The staff is recommending approval of the attached 3-year agreement with ESRI to continue and maintain the same GIS service levels for the city.

FISCAL IMPACT
There is no fiscal impact on the general fund as this is a budgeted item.The software cost breakdown for the next three years is as follows:

Fiscal Year Total Cost
22-2023 $80,000
23-2024 $80,000
24-2025 $80,000

ATTACHMENTS

1. ESRI-COV-License-Agreement

2. Reso Approving ESRI-COV GIS License Agreement_CAO Stamp

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

380 New York Street 909.793.2853 esri.com
Redlands, California 92373-8100 USA [email protected]

October 14, 2022

Naveed Ashraf
City of Vallejo
555 Santa Clara St
Vallejo, CA 94590-5922

Dear Naveed,

The Esri Small Municipal and County Government Enterprise Agreement ( SGEA) is a three‐year agreement that will grant your organization access to Esri term license software. The EA will be effective on the date executed and will require a firm, three‐year commitment.

Based on Esri's work with several organizations similar to yours, we know there is significant potential to apply Geographic Information System (GIS) technology in many operational and technical areas within your organization. For this reason, we believe that your organization will greatly benefit from an Enterprise Agreement (EA).

An EA will provide your organization with numerous benefits including:

▪ A lower cost per unit for licensed software
▪ Substantially reduced administrative and procurement expenses ▪ Complete flexibility to deploy software products when and where needed

The following business terms and conditions will apply:

▪ All current departments, employees, and in-house contractors of the organization will be eligible to use the software and services included in the EA.

▪ If your organization wishes to acquire and/or maintain any Esri software during the term of the agreement that is not included in the EA, it may do so separately at the Esri pricing that is generally available for your organization for software and maintenance.

▪ The organization will establish a single point of contact for orders and deliveries and will be responsible for redistribution to eligible users.

▪ The organization will establish a Tier 1 support center to field calls from internal users of Esri software.

The organization may designate individuals as specified in the EA who may directly contact Esri for Tier 2 technical support.

▪ The organization will provide an annual report of installed Esri software to Esri.

▪ Esri software and updates that the organization is licensed to use will be automatically available for downloading.

▪ The fee and benefits offered in this EA proposal are contingent upon your acceptance of Esri’s Small Municipal and County Government EA terms and conditions.

Small Government Enterprise Agreement

▪ Licenses are valid for the term of the EA.

This program offer is valid for 90 days. To complete the agreement within this time frame, please contact me within the next seven days to work through any questions or concerns you may have.

To expedite your acceptance of this EA offer:

1. Sign and return the EA contract with a Purchase Order or issue a Purchase Order that references this EA Quotation and includes the following statement on the face of the Purchase Order:

"THIS PURCHASE ORDER IS GOVERNED BY THE TERMS AND CONDITIONS OF THE ESRI

SMALL MUNICIPAL AND COUNTY GOVERNMENT EA, AND ADDITIONAL TERMS AND CONDITIONS IN THIS PURCHASE ORDER WILL NOT APPLY."

Have it signed by an authorized representative of the organization.

2. On the first page of the EA, identify the central point of contact/agreement administrator. The agreement administrator is the party that will be the contact for management of the software, administration issues, and general operations. Information should include name, title (if applicable), address, phone number, and e-mail address.

3. In the purchase order, identify the "Ship to" and "Bill to" information for your organization.

4. Send the purchase order and agreement to the address, email or fax noted below:

Esri
Attn: Customer Service SG-EA
380 New York Street
Redlands, CA 92373-8100
e-mail: [email protected]
fax documents to: 909-307-3083

I appreciate the opportunity to present you with this proposal, and I believe it will bring great benefits to your organization.

Thank you very much for your consideration.

Best Regards,
Corey Welsh

Quotation # Q-466742

Date: October 14, 2022
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853 Fax: (909) 307-3049
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 360338 Contract #

City of Vallejo
Information Technology Dept.
555 Santa Clara St
Vallejo, CA 94590-5922

To expedite your order, please attach a copy of ATTENTION: Naveed Ashraf this quotation to your purchase order. PHONE: (707) 648-4468 Quote is valid from: 4/29/2022 To: 2/4/2023 EMAIL: [email protected]

Material Qty Term Unit Price Total
168180 1 Year 1 $80,000.00 $80,000.00
Populations of 100,001 to 125,000 Small Government Term Enterprise License Agreement 168180 1 Year 2 $80,000.00 $80,000.00
Populations of 100,001 to 125,000 Small Government Term Enterprise License Agreement 168180 1 Year 3 $80,000.00 $80,000.00
Populations of 100,001 to 125,000 Small Government Term Enterprise License Agreement Subtotal: $240,000.00
Sales Tax: $0.00
Estimated Shipping and Handling (2 Day Delivery): $0.00 Contract Price Adjust: $0.00
Total: $240,000.00

Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

For questions contact:

Corey Welsh
Email:
[email protected]
Phone:
(916) 448-2412 x1736
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA.

WELSHC This offer is limited to the terms and conditions incorporated and attached herein.

Esri Use Only:

Cust. Name
Cust. #
PO #
Esri Agreement #

Page 1 of 6 ends

SMALL ENTERPRISE AGREEMENT

COUNTY AND MUNICIPALITY GOVERNMENT
(E214-4)

This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri").

This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A.

Table A
List of Products

Uncapped Quantities
Desktop Software and Extensions (Single Use)
ArcGIS Desktop Advanced
ArcGIS Desktop Standard
ArcGIS Desktop Basic
ArcGIS Desktop Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS
Schematics, ArcGIS Workflow Manager, ArcGIS Data
Reviewer

Enterprise Software and Extensions
ArcGIS Enterprise and Workgroup
(Advanced and Standard)
ArcGIS Monitor
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS
Workflow Manager

Enterprise Additional Capability Servers
ArcGIS Image Server
Developer Tools
ArcGIS Engine
ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS
Spatial Analyst, ArcGIS Engine Geodatabase Update,
ArcGIS Network Analyst, ArcGIS Schematics
ArcGIS Runtime (Standard)
ArcGIS Runtime Analysis Extension

Limited Quantities
One (1) Professional subscription to ArcGIS Developer
Two (2) ArcGIS CityEngine Single Use Licenses
500 ArcGIS Online Viewers
500 ArcGIS Online Creators
62,500 ArcGIS Online Service Credits
500 ArcGIS Enterprise Creators
7 ArcGIS Insights in ArcGIS Enterprise
7 ArcGIS Insights in ArcGIS Online
100 ArcGIS Tracker for ArcGIS Enterprise
100 ArcGIS Tracker for ArcGIS Online
5 ArcGIS Parcel Fabric User Type Extensions (Enterprise) 5 ArcGIS Utility Network User Type Extensions (Enterprise) 5 ArcGIS Trace Network User Type Extensions (Enterprise)

OTHER BENEFITS

Number of Esri User Conference registrations provided annually 4 Number of Tier 1 Help Desk individuals authorized to call Esri 4 Maximum number of sets of backup media, if requested* 2 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement
*Additional sets of backup media may be purchased for a fee

Page 2 of 6 ends

Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE

ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date").

Term of Agreement: Three (3) years

This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement.

Accepted and Agreed:

(Customer)

By:

Authorized Signature

Printed Name:

Title:

Date:

CUSTOMER CONTACT INFORMATION

Contact: Telephone:

Address: Fax:

City, State, Postal Code: E-mail:

Country:

Quotation Number (if applicable):

Page 3 of 6 ends

1.0—ADDITIONAL DEFINITIONS

In addition to the definitions provided in the Master
Agreement, the following definitions apply to this
Agreement:

"Case" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.

"Deploy", "Deployed" and "Deployment" mean to
redistribute and install the Products and related
Authorization Codes within Customer's
organization(s).

"Fee" means the fee set forth in the Quotation.

"Maintenance" means Tier 2 Support, Product
updates, and Product patches provided to Customer
during the Term of Agreement.

"Master Agreement" means the applicable master
agreement for Esri Products incorporated by this
reference that is (i) found at https://www.esri.com/en- us/legal/terms/full-master-agreement and available in
the installation process requiring acceptance by
electronic acknowledgment or (ii) a signed Esri
master agreement or license agreement that
supersedes such electronically acknowledged
master agreement.

"Product(s)" means the products identified in
Table A—List of Products and any updates to the list
Esri provides in writing.

"Quotation" means the offer letter and quotation
provided separately to Customer.

"Technical Support" means the technical
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other
type of Product corrections or modifications.

"Tier 1 Help Desk" means Customer's point of
contact(s) to provide all Tier 1 Support within
Customer's organization(s).

"Tier 1 Support" means the Technical Support
provided by the Tier 1 Help Desk.

"Tier 2 Support" means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.

2.0—ADDITIONAL GRANT OF LICENSE

2.1 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Deploy quantities of the Products listed in
Table A—List of Products for the Term of
Agreement (i) for the applicable Fee and (ii) in
accordance with the Master Agreement.

2.2 Consultant Access. Esri grants Customer the
right to permit Customer's consultants or
contractors to use the Products exclusively for
Customer's benefit. Customer will be solely
responsible for compliance by consultants and
contractors with this Agreement and will ensure
that the consultant or contractor discontinues
use of Products upon completion of work for
Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer's benefit is prohibited. Customer may
not permit its consultants or contractors to install
Software or Data on consultant, contractor, or
third-party computers or remove Software or
Data from Customer locations, except for the
purpose of hosting the Software or Data on
Contractor servers for the benefit of Customer.

3.0—TERM, TERMINATION, AND EXPIRATION

3.1 Term. This Agreement and all licenses
hereunder will commence on the Effective Date
and continue for the duration identified in the
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
is only authorized to use Products during the
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
indefinite or a perpetual license to Products.

3.2 No Use upon Agreement Expiration or
Termination. All Product licenses, all
Maintenance, and Esri User Conference
registrations terminate upon expiration or
termination of this Agreement.

3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material
breach by the other party. The breaching party
will have thirty (30) days from the date of written
notice to cure any material breach.

3.4 Termination for Lack of Funds. For an
Agreement with government or government-

Page 4 of 6 ends

owned entities, either party may terminate this
Agreement before any subsequent year if
Customer is unable to secure funding through
the legislative or governing body's approval
process.

3.5 Follow-on Term. If the parties enter into
another agreement substantially similar to this
Agreement for an additional term, the effective
date of the follow-on agreement will be the day
after the expiration date of this Agreement.

4.0—PRODUCT UPDATES

4.1 Future Updates. Esri reserves the right to
update the list of Products in Table A—List of
Products by providing written notice to
Customer. Customer may continue to use all
Products that have been Deployed, but support
and upgrades for deleted items may not be
available. As new Products are incorporated into
the standard program, they will be offered to
Customer via written notice for incorporation into
the Products schedule at no additional charge.

Customer's use of new or updated Products
requires Customer to adhere to applicable
additional or revised terms and conditions in the
Master Agreement.

4.2 Product Life Cycle. During the Term of
Agreement, some Products may be retired or
may no longer be available to Deploy in the
identified quantities. Maintenance will be subject
to the individual Product Life Cycle Support
Status and Product Life Cycle Support Policy,
which can be found at
https://support.esri.com/en/other-
resources/product-life-cycle. Updates for
Products in the mature and retired phases may
not be available. Customer may continue to use
Products already Deployed, but Customer will
not be able to Deploy retired Products.

5.0—MAINTENANCE

The Fee includes standard maintenance benefits
during the Term of Agreement as specified in the
most current applicable Esri Maintenance and
Support Program document (found at
https://www.esri.com/en-
us/legal/terms/maintenance). At Esri's sole
discretion, Esri may make patches, hot fixes, or
updates available for download. No Software other
than the defined Products will receive Maintenance.

Customer may acquire maintenance for other
Software outside this Agreement.

a. Tier 1 Support

1. Customer will provide Tier 1 Support
through the Tier 1 Help Desk to all
Customer's authorized users.

2. The Tier 1 Help Desk will be fully trained in
the Products.

3. At a minimum, Tier 1 Support will include
those activities that assist the user in
resolving how-to and operational questions
as well as questions on installation and
troubleshooting procedures.

4. The Tier 1 Help Desk will be the initial point
of contact for all questions and reporting of a
Case. The Tier 1 Help Desk will obtain a full
description of each reported Case and the
system configuration from the user. This
may include obtaining any customizations,
code samples, or data involved in the Case.

5. If the Tier 1 Help Desk cannot resolve the
Case, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The
Tier 1 Help Desk will provide support in such
a way as to minimize repeat calls and make
solutions to problems available to
Customer’s organization.

6. Tier 1 Help Desk individuals are the only
individuals authorized to contact Tier 2
Support. Customer may change the Tier 1
Help Desk individuals by written notice to
Esri.

b. Tier 2 Support

1. Tier 2 Support will log the calls received
from Tier 1 Help Desk.

2. Tier 2 Support will review all information
collected by and received from the Tier 1
Help Desk including preliminary documented
troubleshooting provided by the Tier 1 Help
Desk when Tier 2 Support is required.

3. Tier 2 Support may request that Tier 1 Help
Desk individuals provide verification of
information, additional information, or
answers to additional questions to

Page 5 of 6 ends

supplement any preliminary information
gathering or troubleshooting performed by
Tier 1 Help Desk.

4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.

5. When the Case is resolved, Tier 2 Support
will communicate the information to Tier 1
Help Desk, and Tier 1 Help Desk will
disseminate the resolution to the user(s).

6.0—ENDORSEMENT AND PUBLICITY

This Agreement will not be construed or interpreted
as an exclusive dealings agreement or Customer's
endorsement of Products. Either party may publicize
the existence of this Agreement.

7.0—ADMINISTRATIVE REQUIREMENTS

7.1 OEM Licenses. Under Esri's OEM or Solution
OEM programs, OEM partners are authorized to
embed or bundle portions of Esri products and
services with their application or service. OEM
partners' business model, licensing terms and
conditions, and pricing are independent of this
Agreement. Customer will not seek any discount
from the OEM partner or Esri based on the
availability of Products under this Agreement.

Customer will not decouple Esri products or
services from the OEM partners' application or
service.

7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days
prior to the expiration of this Agreement,
Customer will provide Esri with a written report
detailing all Deployments. Upon request,
Customer will provide records sufficient to verify
the accuracy of the annual report.

8.0—ORDERING, ADMINISTRATIVE

PROCEDURES, DELIVERY, AND

DEPLOYMENT

8.1 Orders, Delivery, and Deployment

a. Upon the Effective Date, Esri will invoice
Customer and provide Authorization Codes to
activate the nondestructive copy protection
program that enables Customer to download,
operate, or allow access to the Products. If this
is a multi-year Agreement, Esri may invoice the
Fee up to thirty (30) calendar days before the
annual anniversary date for each year.

b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of
invoice. Esri reserves the right to suspend
Customer's access to and use of Products if
Customer fails to pay any undisputed amount
owed on or before its due date. Esri may charge
Customer interest at a monthly rate equal to the
lesser of one percent (1.0%) per month or the
maximum rate permitted by applicable law on
any overdue fees plus all expenses of collection
for any overdue balance that remains unpaid
ten (10) days after Esri has notified Customer of
the past-due balance.

c. Esri's federal ID number is 95-2775-732.

d. If requested, Esri will ship backup media to the
ship-to address identified on the Ordering
Document, FOB Destination, with shipping
charges prepaid. Customer acknowledges that
should sales or use taxes become due as a
result of any shipments of tangible media, Esri
has a right to invoice and Customer will pay any
such sales or use tax associated with the receipt
of tangible media.

8.2 Order Requirements. Esri does not require
Customer to issue a purchase order. Customer
may submit a purchase order in accordance with
its own process requirements, provided that if
Customer issues a purchase order, Customer
will submit its initial purchase order on the
Effective Date. If this is a multi-year Agreement,
Customer will submit subsequent purchase
orders to Esri at least thirty (30) calendar days
before the annual anniversary date for each
year.

a. All orders pertaining to this Agreement will be
processed through Customer's centralized point
of contact.

b. The following information will be included in
each Ordering Document:

(1) Customer name; Esri customer number, if
known; and bill-to and ship-to addresses
(2) Order number
(3) Applicable annual payment due

Page 6 of 6 ends

9.0—MERGERS, ACQUISITIONS, OR

DIVESTITURES

If Customer is a commercial entity, Customer will
notify Esri in writing in the event of (i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;
(ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's
organization (subsections i, ii, and iii, collectively
referred to as "Ownership Change"). There will be
no decrease in Fee as a result of any Ownership
Change.

9.1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.

9.2 If an Ownership Change results in transfer or
sale of a portion of Customer's organization, that
portion of Customer's organization will transfer
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.

9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.

RESOLUTION NO. 22-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING THE ESRI (ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE) GEO-SPACIAL INFORMATION SYSTEMS (GIS)

ENTERPRISE MULTI-YEAR LICENSE AGREEMENT AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAME
WHEREAS, on January 14, 2020, the City Council approved a three-year contract with Environmental Systems Research Institute (ESRI) to provide Geo-spacial Information Systems (GIS) mapping services; and WHEREAS, the ESRI GIS platform is installed on the City’s local servers and in the cloud and allows the City of Vallejo to develop our own customized maps. The customized maps can be updated at a regular interval or can be changed on demand; and
WHEREAS, the City’s GIS is necessary for multiple critical applications used by the City, including:
Central Square Community and Land Management permitting system NexGen, MMS (maintenance management system) is used by Water and Public Works Water modeling maps and many other engineering layers are used in the Water Department
Sun Ridge RIM CAD (computer aided dispatch) is used by the Police and Fire Crime data dashboards are used by the Police Department Fiber and broadband maps are used by Information Technology and Economic Development Smart Route street sweeping software is used by the Public Works Department The general plan, zoning maps, and parcel data are used by the Planning and Building Division District Election boundaries are used by the City Clerk's office and by our citizens Informational maps for our citizens are posted on the city website; and WHEREAS, the existing three-year agreement with ESRI is set to expire in January 2023, and Staff recommends that the City enter into a new three-year contract with ESRI to continue the GIS service for a total amount of $240,000.

NOW, THEREFORE, BE IT RESOLVED that the Geo-spatial Information Systems Enterprise License Agreement with Environmental Systems Research Institute (Agreement) is approved for a total amount of $240,000.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement.

Adopted by the City Council of the City of Vallejo at a regular meeting held on November 15, 2022, with the following vote:

AYES:

NOES:

ABSENT:
____________________________________

ROBERT H. McCONNELL, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK
ACTION ITEM 9.A.

DATE: November 15, 2022
TO: Mayor and Members of the City Council
FROM: Beth Schoenberger, Water Director
SUBJECT: HOLD A PUBLIC HEARING AND ADOPT A RESOLUTION CONCERNING THE CITY OF VALLEJO DRINKING WATER PUBLIC HEALTH GOALS REPORT 2022

RECOMMENDATION
Hold a public hearing and adopt the resolution receiving and acknowledging comments from the public on the “Report on Vallejo’s Water Quality Relative to Public Health Goals” dated July 1, 2022 and referring any comments to the Water Department for consideration and to address as appropriate.

REASONS FOR RECOMMENDATION
Staff have prepared a report on Vallejo’s drinking water quality relative to public health goals as required under State law. A public hearing must be held to accept and respond to public comment on the report which compares Vallejo’s drinking water quality with public health goals (PHGs) adopted by California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA). The hearing also compares Vallejo's drinking water quality with maximum contaminant level goals (MCLGs) set by the United States Environmental Protection Agency (USEPA). The City of Vallejo’s water complies with all State and Federal drinking water standards and maximum contaminant levels (MCLs) which are established to protect public health.

BACKGROUND AND DISCUSSION
Public drinking water systems serving more than 10,000 service connections must prepare a brief, written report in plain language every three years, (on or before July 1 of the third year), that gives information on the detection of any contaminants above the Public Health Goals (PHGs) published by the Office of Environmental Health and Hazard Assessment (OEHHA) and maximum contaminant level goals (MCLGs) published by the United States Environmental Protection Agency (USEPA). A public hearing is required to accept and respond to public comment on the report and this item before the Council is the required public hearing.

The triennial report for the City of Vallejo drinking water system, covering 2019 through 2021, is attached. It was published July 1, 2022 and has been available for public comment and review at the John F. Kennedy Library Reference Desk and on the Water Department's website. Public comments are accepted to be received up to and during the council meeting. All of the information in this report has been provided to the public over the past three years through the City's annual Water Quality Report. Information about the Water Quality Report is provided on post cards inserted into the water bills each year.

Public health goals are not enforceable drinking water standards, but rather they are idealistic targets. These goals are set without consideration for specific factors unique to each drinking water agency, such as available treatment technology, cost, benefit and other practical factors that are used by regulatory agencies to set enforceable drinking water standards. A PHG is the concentration of a contaminant in drinking water that poses no significant health risk if consumed for a lifetime. These PHGs and MCLGs are more stringent, and in some cases, far more stringent, than the maximum contaminant levels (MCLs), which are regulated and enforceable standards for certain water constituents.

Date: November 15, 2022
Subject: HOLD A PUBLIC HEARING AND ADOPT A RESOLUTION CONCERNING THE CITY OF VALLEJO DRINKING WATER PUBLIC HEALTH GOALS REPORT 2022

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The City water system met or exceeded the PHGs and MCLGs for all constituents during the prior three years, with minor aberrations on the three items detailed below.

The following constituents addressed by the PHGs or MCLGs were detected in the City’s drinking water supply: Coliform Bacteria (Total), Fluoride, and Bromate but not at levels that exceeded MCL requirements.

Coliform bacteria

Coliform bacteria are found everywhere in nature and are not generally considered harmful. In addition, the testing procedure for coliform can be expected to periodically produce “false positives” from air, dust, or a variety of other sources. It is not at all unusual for a system to have an occasional positive sample. The public health goal of zero coliform bacteria was exceeded, but only minimally. Vallejo's coliform results are typically very low, if not zero, and well within State and Federal drinking water standards set at levels to protect human health. The highest coliform presence in a single month in the past three years was 1.15 % positive, and the allowable standard is 5%.

The plan continues to set best management practices, which include continuing the cross-connection control program, maintaining a chlorine residual throughout most of the distribution system, operating a distribution system flushing program, and maintaining positive pressures throughout the distribution system (which helps prevent bacteriological intrusion into the pipes).

Fluoride

Like many communities, Vallejo adds fluoride to the drinking water to bring concentrations up to the range 0.7 – 1.2 ppm. As of April 1, 2015, the City of Vallejo acted upon the recommendation from the Department of Health and Human Services (DHHS) to lower the fluoride concentration in drinking water, and now maintains approximately levels of 0.7 ppm. The PHG of 1.0 parts per million (ppm) was exceeded for fluoride. The range for 2019-2021 was 0.1-1.1 ppm and the average was 0.73 ppm.

The addition of fluoride to maintain an average of 0.7 ppm concentration in the drinking water is the best management practice in place to stay below the 1.0 ppm PHG.

Bromate

The “best available technology” for reducing bromate levels below the PHG is control or elimination of ozone disinfection treatment of the drinking water produced at the Fleming Hill Water Treatment Plant. However, removing ozone treatment is highly undesirable. Ozone treatment removes cryptosporidium and viruses as well as improves the water’s taste, outweighing the impact of the minimal amount of bromate in the water.

The PHG of 0.1 parts per billion (ppb) was exceeded for bromate. During 2019, 2020 and 2021, compliance monitoring of the drinking water showed a range of 0 – 2.2 ppb. This is well below the 10.0 ppb MCL, but at times does exceed the PHG of 0.1 ppb.

The Public Health Goals Report 2022 remains available for review at the John F. Kennedy Library, Reference Desk, on the Water Department's Website or upon request from the Water Quality Manager.

FISCAL IMPACT
There are no proposed new actions to be undertaken, therefore there is no fiscal impact.

Date: November 15, 2022
Subject: HOLD A PUBLIC HEARING AND ADOPT A RESOLUTION CONCERNING THE CITY OF VALLEJO DRINKING WATER PUBLIC HEALTH GOALS REPORT 2022

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ENVIRONMENTAL REVIEW
The Report on Vallejo’s Water Quality Relative to Public Health Goals, dated July 1, 2022, is categorically exempt from the California Environmental Quality Act (CEQA) as a Class 8 exemption (Section 15308 of the CEQA Guidelines), actions by regulatory agencies for the protection of the environment.

ATTACHMENTS

1. Report on Vallejo's Water Quality Relative to Public Health Goals 7-1-22

2. Resolution Public Health Goals Report 2022 CAO Stamp

CONTACT
Beth Schoenberger, Water Director, 707-648-5439
[email protected]

CITY OF VALLEJO

WATER DEPARTMENT

WATER QUALITY DIVISION

City of Vallejo – Public Water System 4810007
Report on Vallejo’s Water Quality Relative to Public Health Goals

July 1, 2022

Prepared by: Vidia Gillula, Water Quality Manager

Purpose: This report was prepared to satisfy the requirements of Section 116470 of the California Health and Safety Code

CITY OF VALLEJO - PUBLIC WATER SYSTEM 4810007

REPORT ON VALLEJO’S WATER QUALITY RELATIVE TO PUBLIC HEALTH GOALS

Background:

Provisions of the California Health and Safety Code, Section 116470 (b) Consumer Confidence Report, (Attachment No. 1) specify that water systems serving more than 10,000 connections prepare a special report every three years, on or before July 1, if their water quality measurements have exceeded any Public Health Goals (PHGs). PHGs are non -enforceable goals established by the California EPA’s Office of Environmental Health Hazard Assessment (OEHHA). The law also requires that where OEHHA has not adopted a PHG for a constituent, the water suppliers are to use the Maximum Contaminant Level Goal ( MCLG) adopted by the United States Environmental Protection Agency ( USEPA). Only constituents which have a California primary drinking water standard and for which either a PHG or MCLG has been set are to be addressed. (Attachment No. 6 is a list of all regulated constituents with the Maximum Contaminant Levels (MCLs) and PHGs or MCLGs.)

There are a few constituents that are routinely detected in water systems at levels , usually well below the drinking water standards for which no PHG nor MCLG has yet been adopted by OEHHA or USEPA includin g Total Trihal omethanes and Total Haloacetic Acids. These will be addressed in future reports after PHGs are adopted.

If a constituent was detected in the City’s water supply between 2019 and 2021 and exceeds an applicable PHG or MCLG, this report prov ides the information required by law. Included is the numerical public health risk associated with the MCL and the PHG or MCLG, the category or type of risk to health that could be associated with the constituent, the best treatment technology available that could be used to reduce the constituent level, and an estimate of the cost to install treatment if it is appropriate and feasible.

What are PHGs?

PHGs are set by the California Office of Environmental Health Hazard Assessment (OEHHA) which is part of Cal-EPA and are based solely on public health considerations , unlike the enforceable MCLs, the highest level of a contaminant that is allowed in drinking water, which are based on a number of factors. None of the practical risk management factors that ar e considered by the USEPA or the State Water Resources Control Board (SWRCB) Division of Drinking Water (DDW) in setting drinking water standards (MCLs) are considered in setting the PHGs. These factors include analytical detection capability, treatment technology available, benefits and costs. The PHGs are not enforceable and are not required to be met by any public water system. MCLGs are the federal equivalent of PHGs.

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Water Quality Considered:

All of the water quality data collected by the City o f Vallejo system between 2019 and 2021 for purposes of determining compliance with drinking water standards was considered. This data was summarized in our 2019, 2020 and 2021 Annual Water Quality Reports (Attachment No. 4) . Since 2015, in an effort to be more environmentally friendly , Water Quality Report inserts were mailed directly to all of our customers. (Attachment No. 3)

Guidelines Followed:

The Association of California Water Agencies (ACWA) formed a workgroup which prepared guidelines for water utilities to use in preparing these required reports. The ACWA guidelines were used in preparation of this report. No guidance was available from state regulatory agencies. (Attachment No. 5)

Best Available Technology and Cost Estimates

Both the USEPA and SWRCB DDW adopt what are known as BATs or Best Available Technologies which are the best known methods of reducing contaminant levels to the MCL. Costs can be estimated for such technologies. However, since many PHGs and all MCLGs are set much lower than the MCL, it is not always possible or feasible to determine what treatment is needed to further reduce a constituent downward to or near the PHG or MCLG, many of which are set at zero. In some cases, installing treatment to try and further r educe very low levels of one constituent may have adverse effects on other aspects of water quality. (Attachment No.7)

Constituents Detected That Exceed a PHG or an MCLG:

The following is a discussion of constituents that were detected in our drinking water source at levels above the PHG or MCLG. (Attachment No. 6)

Coliform Bacteria:

During 2019, 2020 and 2022; between 145 and 193 samples were collected from the City distribution system each month for coliform analysis. Occasionally, a sample was found to be positive for coliform bacteria but repeat samples were negative and follow up actions were taken.

Of these samples, a maximum of 1.15 % in 2019, 0 % in 2020 and 0% in 2021 were positive in any month.

The MCL for coliform is 5% positive samples per month and the MCLG is zero. The reason for the coliform drinking water standard is to minimize the possibility of the water containing pathogens which are organisms that cause waterborne disease. Because coliform is only a surrogate indicator of the potential presence of pathogens, it is not possible to state a specific numerical health risk. While USEPA normally sets MCLGs “at a level where no known or anticipated adverse effects on persons would occur”, they indicate they cannot do so with coliforms.

Coliform bacteria are indicator organisms that are found everywhere in nature and are not generally considered harmful. They are used because of the ease of monitoring and analysis. If a

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positive sample is found, it indicates a potential problem that needs to be investigated and follow up sampling done. It is not at all unusual for a system to have an occasional positive sample. It is difficult, if not impossible; to assure that a system will never have a positive sample.

We add chlorine at our treatment plant to ensure that the water served is microbiologically safe.

The chlorine residuals are carefully controlled to provide the best health protection without causing the water to have undesirable taste and odor or increasing the disinfection by -product level. This careful balance of treatment processes is essential to continue supplying our customers with safe drinking water.

Other equally important measures that we have implemented include: an effective cross - connection control program, maintenance of a chlorine residual throughout the majority of the system, an effective monitoring and surveillance program and maintaining positive pressures in our distribution system. Our system has already taken a ll of the steps described by SWRCB as “best available technology” for coliform bacteria in Section 64447, Title 22, and California Code of Regulations.

The following tables summarize the contaminants found that exceeded the PHG or MCLG (Table 1) and the health risk categories and cancer risk values associated w ith those specific contaminants (Table 2).

Table 1: Contaminants in the City of Vallejo water supply found to exceed state Public Health Goals (PHG) or federal Maximum Contaminant Level Goals (MCLG)
Contaminant
(units of measure)
PHG
(MCLG) MCL
2019
Range and
Average
2020
Range and
Average
2021
Range and
Average
Total Coliform
(Percentage of
positive samples)
(Zero)
No more than 5% of
monthly samples may
be positive
Range: ND – 1.15 %
Average: ND
Range: ND
Average: ND
Range: ND
Average: ND

Table 2: Health Risk Categories and Cancer Risk Values for Contaminants with California PHGs or federal MCLGs. Data provided by the California Office of Environmental Health Hazard Assessment Contaminant Health Risk
Categories1
California PHG or
federal (MCLG)2
Cancer Risk at
PHG or (MCLG)3 California MCL Cancer Risk at
California MCL
Total
Coliform
Can’t be
established (zero) none
No more than 5% of
monthly samples may be
positive
none

1Health risk category based on experimental animal testing data evaluated in the USEPA MCLG document or California MCL document unless otherwise specified.
2MCLG = maximum contaminant level goal established by USEPA. 3Cancer Risk = theoretical 70-year lifetime excess cancer risk at the statistical confidence limit. Actual cancer risk may be lower or zero. Cancer risk is stated in terms of excess cancer cases per million (or fewer) population, e.g., 1 x 10 -6 means one excess cancer case per million people; 5 x 10-5 means five excess cancer cases per 100,000 people.

Page 3 of 80 ends

Fluoride:

During 2019, 2020 and 2021 co
mpliance monitoring, our drinking water showed a range of 0 .1 –

1.1 parts per million (ppm) . The average for 2019 – 2021 was 0.73 ppm. In many communities , fluoride is added to the dr inking water to bring concentrations up to the range 0.7 – 1.2 ppm. As of April 1, 2015, the City of Vallejo acted upon the recommendation from the Department of Health and Human Services (DHHS) to lower the fluoride concentration in drinking water , and now maintains approximately 0.7 ppm.

The MCL for fluoride
is 2.0 ppm. The PHG for Fluoride is 1.0 ppm. The PHG for fluoride is intended to be an approximate year -round average. Fluoride is naturally present in drinking water and also voluntarily added for tooth decay prevention. Children who drink water containing fluoride above the state MCL of 2.0 ppm may develop mottled teeth.

Bromate:

The MCL for b romate
is 10.0 parts per billion (ppb) . The PHG for b romate is 0.1 ppb. B romate is not commonly fo und in water, but may be formed as a disinf ection byproduct of Ozonation and hypochlorite used in water treatment. During 2019, 2020 and 2021, compliance monitoring of our drinking water showed a range of 0 – 2.2 ppb. This is well below the 10.0 ppb MCL, but at times does exceed the PHG of 0.1 ppb.

The category of h
ealth risk for bromate is carcinogenic or capable of producing cancer. The numerical cancer risk associated with the California MCL is one excess cancer case per ten thousand people.

The “bes t available te
chnology” for reducing bromate levels below the MCLG is control or elimination of ozone treatment at the Fleming Hill Water Treatment Plant. However, removing ozone treatment is highly undesirable. Ozone treatment improves the water’s taste a s well as removes cryptosporidium and viruses, outweighing the minimal amount of bromate in the water.

RECOMMENDATIONS
FOR FURTHER ACTION:

The drinking water q
uality of the City system meets al l State Water Resources Control Board and USEPA drinking water standards set to protect public health. To further reduce the levels of the constituents identified in this report that are already significantly below the health -based Maximum Contaminant Levels established to provide “safe drinking water”, additional costly treatment processes would be required. The effectiveness of the treatment processes to provide any significant reductions in constituent levels at these already low values is uncertain. The health protection benefits of these further hypothetical reductions are not a t all clear and may not be quantifiable. Therefore, no action is proposed.

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ATTACHMENTS:

No. 1 Excerpt from
California Health & Safety Code: Section 116470
No. 2 Health Risk Information for Public Health Goal Exceedance Reports No. 3 Water Quality Report and 2019, 2020, and 2021 Insert (sent to all water customers) No. 4 City of Vallejo Water Quality Reports 2019, 2020 and 2021 No. 5 Suggested Guidelines for Preparation of Required Reports on Public Health Goals to satisfy requirements of California Health and Safety Code Section 116470(b) No. 6 Table of Regulated Constituents with MCLs, PHGs or MCLGs No. 7 Cost estimates for Treatment Technologies
No. 8 Glossary of Water Quality Terms

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ATTACHMENT NO. 1

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Health and Safety Code §116470
(a) As a condition of its operating permit, every public water system shall annually prepare a consumer confidence report and mail or deliver a copy of that report to each customer, other than an occupant, as defined in Section 799.28 of the Civil Code, of a recreational vehicle park. A public water system in a recreational vehicle park with occupants as defined in Section 799.28 of the Civil Code shall prominently display on a bulletin board at the entrance to or in the office of the park, and make available upon request, a copy of the report. The report shall include all of the following information:
(1) The source of the water purveyed by the public water system. (2) A brief and plainly worded definition of the terms "maximum contaminant level," "primary drinking water standard," and "public health goal." (3) If any regulated contaminant is detected in public drinking water supplied by the system during the past year, the report shall include all of the following information:
(A) The level of the contaminant found in the drinking water, and the corresponding public health goal and primary drinking water standard for that contaminant. (B) Any violations of the primary drinking water standard that have occurred as a result of the presence of the contaminant in the drinking water and a brief and plainly worded statement of health concerns that resulted in the regulation of that contaminant. (C) The public water system's address and phone number to enable customers to obtain further information concerning contaminants and potential health effects. (4) Information on the levels of unregulated contaminants, if any, for which monitoring is required pursuant to state or federal law or regulation. (5) Disclosure of any variances or exemptions from primary drinking water standards granted to the system and the basis therefor.
(b) On or before July 1, 1998, and every three years thereafter, public water systems serving more than 10,000 service connections that detect one or more contaminants in drinking water that exceed the applicable public health goal, shall prepare a brief written report in plain language that does all of the following:
(1) Identifies each contaminant detected in drinking water that exceeds the applicable public health goal.
(2) Discloses the numerical public health risk, determined by the office, associated with the maximum contaminant level for each contaminant identified in paragraph (1) and the numerical public health risk determined by the office associated with the public health goal for that contaminant.
(3) Identifies the category of risk to public health, including, but not limited to, carcinogenic, mutagenic, teratogenic, and acute toxicity, associated with exposure to the contaminant in drinking water, and includes a brief plainly worded description of these terms. (4) Describes the best available technology, if any is then available on a commercial basis, to remove the contaminant or reduce the concentration of the contaminant. The public water system may, solely at its own discretion, briefly describe actions that have been taken on its own, or by other entities, to prevent the introduction of the contaminant into drinking water supplies.

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NOTE: This publication is meant to be an aid to the staff of the CDHS Drinking Water Program and cannot be relied upon by the regulated community as the State of California’s representation of the law. The published codes are the only official representation of the law. Refer to the published codes whenever specific citations are required.
(5) Estimates the aggregate cost and the cost per customer of utilizing the technology described in paragraph (4), if any, to reduce the concentration of that contaminant in drinking water to a level at or below the public health goal.
(6) Briefly describes what action, if any, the local water purveyor intends to take to reduce the concentration of the contaminant in public drinking water supplies and the basis for that decision.
(c) Public water systems required to prepare a report pursuant to subdivision (b) shall hold a public hearing for the purpose of accepting and responding to public comment on the report.

Public water systems may hold the public hearing as part of any regularly scheduled meeting. (d) The department shall not require a public water system to take any action to reduce or eliminate any exceedance of a public health goal.
(e) Enforcement of this section does not require the department to amend a public water system's operating permit.
(f) Pending adoption of a public health goal by the Office of Environmental Health Hazard Assessment pursuant to subdivision (c) of Section 116365, and in lieu thereof, public water systems shall use the national maximum contaminant level goal adopted by the United States Environmental Protection Agency for the corresponding contaminant for purposes of complying with the notice and hearing requirements of this section. (g) This section is intended to provide an alternative form for the federally required consumer confidence report as authorized by 42 U.S.C. Section 300g-3(c).

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ATTACHMENT NO. 2

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DRAFT – FOR REVIEW ONLYOFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Public Health Goals
Health Risk Information
for Public Health Goal
Exceedance Reports
February 2022
Pesticide and Environmental Toxicology Branch
Office of Environmental Health Hazard Assessment
California Environmental Protection Agency

Page 10 of 80 ends

Health Risk Information for
Public Health Goal Exceedance Reports
Prepared by
Office of Environmental Health Hazard Assessment
California Environmental Protection Agency
February 2022
NEW for the 2022 Report: New in this document are an updated Public Health Goal (PHG) for 1,2-dibromo-3-chloropropane (DBCP) and newly established PHGs for the trihalomethanes bromodichloromethane, bromoform, chloroform, and dibromochloromethane.

Background: Under the Calderon-Sher Safe Drinking Water Act of 1996 (the Act), public water systems with more than 10,000 service connections are required to prepare a report every three years for contaminants that exceed their respective PHGs.1 This document contains health risk information on drinking water contaminants to assist public water systems in preparing these reports. A PHG is the concentration of a contaminant in drinking water that poses no significant health risk if consumed for a lifetime. PHGs are developed and published by the Office of Environmental Health Hazard Assessment (OEHHA) using current risk assessment principles, practices and methods.2
The water system’s report is required to identify the health risk category (e.g., carcinogenicity or neurotoxicity) associated with exposure to each contaminant in drinking water that has a PHG and to include a brief, plainly worded description of these risks. The report is also required to disclose the numerical public health risk, if available, associated with the California Maximum Contaminant Level (MCL) and with the PHG for each contaminant. This health risk information document is prepared by OEHHA every three years to assist the water systems in providing the required information in their reports.
1 Health and Safety Code Section 116470(b)
2 Health and Safety Code Section 116365
Office of Environmental Health Hazard Assessment
Water Toxicology Section
February 2022 1

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Numerical health risk
s: Table 1 presents health risk categories and cancer risk values for chemical contaminants in drinking water that have PHGs.

The Act requires that OEHHA publish PHGs based on health risk assessments using the most current scientific methods. As defined in statute, PHGs for non-carcinogenic chemicals in drinking water are set at a concentration “at which no known or anticipated adverse health effects will occur, with an adequate margin of safety.” For carcinogens, PHGs are set at a concentration that “does not pose any significant risk to health.” PHGs provide one basis for revising MCLs, along with cost and technological feasibility.

OEHHA has been publishing PHGs since 1997 and the entire list published to date is shown in Table 1.

Table 2 presents health risk information for contaminants that do not have PHGs but have state or federal regulatory standards. The Act requires that, for chemical contaminants with California MCLs that do not yet have PHGs, water utilities use the federal Maximum Contaminant Level Goal (MCLG) for the purpose of complying with the requirement of public notification. MCLGs, like PHGs, are strictly health based and include a margin of safety. One difference, however, is that the MCLGs for carcinogens are set at zero because the US Environmental Protection Agency (US EPA) assumes there is no absolutely safe level of exposure to such chemicals. PHGs, on the other hand, are set at a level considered to pose no significant risk of cancer; this is usually no more than a one-in-one-million excess cancer risk (1×10 -6) level for a lifetime of
exposure. In Table 2, the cancer risks shown are based on the US EPA’s evaluations.

For more information on health risks: The adverse health effects for each chemical with a PHG are summarized in a PHG technical support document. These documents are available on the OEHHA website (https://oehha.ca.gov/water/public-health-goals- phgs).

Page 12 of 80 ends

0.004 NA5,6 0.002 NA
Aluminum neurotoxicity and
immunotoxicity
(harms the nervous and
immune systems)

0.6 NA 1 NA
Antimony hepatotoxicity
(harms the liver)

0.001 NA 0.006 NA
Arsenic carcinogenicity
(causes cancer)

0.000004
(4×10-6)
1×10-6
(one per
million)

0.01 2.5×10-3
(2.5 per
thousand)
Asbestos carcinogenicity
(causes cancer)
7 MFL7
(fibers >10
microns in
length)
1×10-6 7 MFL
(fibers >10
microns in
length)
1×10-6
(one per
million)
Atrazine carcinogenicity
(causes cancer)

0.00015 1×10-6 0.001 7×10-6
(seven per
million)
1 Based on the OEHHA PHG technical support document unless otherwise specified. The categories are the hazard traits defined by OEHHA for California’s Toxics Information Clearinghouse (online at:
https://oehha.ca.gov/media/downloads/risk-assessment//gcregtext011912.pdf). 2 mg/L = milligrams per liter of water or parts per million (ppm) 3 Cancer Risk = Upper bound estimate of excess cancer risk from lifetime exposure. Actual cancer risk may be lower or zero. 1×10-6 means one excess cancer case per million people exposed. 4 MCL = maximum contaminant level.
5 NA = not applicable. Cancer risk cannot be calculated. 6 The PHG for alachlor is based on a threshold model of carcinogenesis and is set at a level that is believed to be without any significant cancer risk to individuals exposed to the chemical over a lifetime. 7 MFL = million fibers per liter of water.

Page 13 of 80 ends

Table 1: Health Risk Categories and Cancer Risk Values for Chemicals with California Public Health Goals (PHGs)
Chemical Health Risk Category1
California
PHG
(mg/L)2
Cancer
Risk3
at the
PHG
California
MCL4
(mg/L)
Cancer
Risk at the
California
MCL
Barium cardiovascular toxicity
(causes high blood
pressure)
2 NA 1 NA
Bentazon hepatotoxicity and
digestive system toxicity
(harms the liver,
intestine, and causes
body weight effects8)

0.2 NA 0.018 NA
Benzene carcinogenicity
(causes leukemia)

0.00015 1×10-6 0.001 7×10-6
(seven per
million)
Benzo[a]pyrene carcinogenicity
(causes cancer)

0.000007
(7×10-6)
1×10-6 0.0002 3×10-5
(three per
hundred
thousand)
Beryllium digestive system toxicity
(harms the stomach or
intestine)

0.001 NA 0.004 NA
Bromate carcinogenicity
(causes cancer)

0.0001 1×10-6 0.01 1×10-4
(one per
ten
thousand)
Cadmium nephrotoxicity
(harms the kidney)

0.00004 NA 0.005 NA
Carbofuran reproductive toxicity
(harms the testis)

0.0007 NA 0.018 NA
8 Body weight effects are an indicator of general toxicity in animal studies.

Page 14 of 80 ends

0.0001 1×10-6 0.0005 5×10-6
(five per
million)
Chlordane carcinogenicity
(causes cancer)

0.00003 1×10-6 0.0001 3×10-6
(three per
million)
Chlorite hematotoxicity
(causes anemia)
neurotoxicity
(causes neurobehavioral
effects)

0.05 NA 1 NA
Chromium,
hexavalent
carcinogenicity
(causes cancer)

0.00002 1×10-6 none NA
Copper digestive system toxicity
(causes nausea,
vomiting, diarrhea)

0.3 NA 1.3 (AL9) NA
Cyanide neurotoxicity
(damages nerves)
endocrine toxicity
(affects the thyroid)

0.15 NA 0.15 NA
Dalapon nephrotoxicity
(harms the kidney)

0.79 NA 0.2 NA
Di(2-ethylhexyl)
adipate (DEHA)
developmental toxicity
(disrupts development)

0.2 NA 0.4 NA
9 AL = action level. The action levels for copper and lead refer to a concentration measured at the tap. Much of the copper and lead in drinking water is derived from household plumbing (The Lead and Copper Rule, Title 22, California Code of Regulations [CCR] section 64672.3).

Page 15 of 80 ends

Table 1: Health Risk Categories and Cancer Risk Values for Chemicals with California Public Health Goals (PHGs)
Chemical Health Risk Category1
California
PHG
(mg/L)2
Cancer
Risk3
at the
PHG
California
MCL4
(mg/L)
Cancer
Risk at the
California
MCL
Di(2-ethylhexyl)
phthalate
(DEHP)
carcinogenicity
(causes cancer)

0.012 1×10-6 0.004 3×10-7
(three per
ten million)
1,2-Dibromo-3-
chloropropane
(DBCP)
carcinogenicity
(causes cancer)

0.000003
(3x10-6)
1×10-6 0.0002 7×10-5
(seven per
hundred
thousand)
1,2-Dichloro-
benzene
(o-DCB)
hepatotoxicity
(harms the liver)

0.6 NA 0.6 NA
1,4-Dichloro-
benzene
(p-DCB)
carcinogenicity
(causes cancer)

0.006 1×10-6 0.005 8×10-7
(eight per
ten million)
1,1-Dichloro-
ethane
(1,1-DCA)
carcinogenicity
(causes cancer)

0.003 1×10-6 0.005 2×10-6
(two per
million)
1,2-Dichloro-
ethane
(1,2-DCA)
carcinogenicity
(causes cancer)

0.0004 1×10-6 0.0005 1×10-6
(one per
million)
1,1-Dichloro-
ethylene
(1,1-DCE)
hepatotoxicity
(harms the liver)

0.01 NA 0.006 NA
1,2-Dichloro-
ethylene, cis
nephrotoxicity
(harms the kidney)

0.013 NA 0.006 NA
1,2-Dichloro-
ethylene, trans
immunotoxicity
(harms the immune
system)

0.05 NA 0.01 NA

Page 16 of 80 ends

Table 1: Health Risk Categories and Cancer Risk Values for Chemicals with California Public Health Goals (PHGs)
Chemical Health Risk Category1
California
PHG
(mg/L)2
Cancer
Risk3
at the
PHG
California
MCL4
(mg/L)
Cancer
Risk at the
California
MCL
Dichloromethane
(methylene
chloride)
carcinogenicity
(causes cancer)

0.004 1×10-6 0.005 1×10-6
(one per
million)
2,4-Dichloro-
phenoxyacetic
acid (2,4-D)
hepatotoxicity and
nephrotoxicity
(harms the liver and
kidney)

0.02 NA 0.07 NA
1,2-Dichloro-
propane
(propylene
dichloride)
carcinogenicity
(causes cancer)

0.0005 1×10-6 0.005 1×10-5
(one per
hundred
thousand)
1,3-Dichloro-
propene
(Telone II)
carcinogenicity
(causes cancer)

0.0002 1×10-6 0.0005 2×10-6
(two per
million)
Dinoseb reproductive toxicity
(harms the uterus and
testis)

0.014 NA 0.007 NA
Diquat ocular toxicity
(harms the eye)
developmental toxicity
(causes malformation)

0.006 NA 0.02 NA
Endothall digestive system toxicity
(harms the stomach or
intestine)

0.094 NA 0.1 NA
Endrin neurotoxicity
(causes convulsions)
hepatotoxicity
(harms the liver)

0.0003 NA 0.002 NA
Ethylbenzene
(phenylethane)
hepatotoxicity
(harms the liver)

0.3 NA 0.3 NA

Page 17 of 80 ends

Table 1: Health Risk Categories and Cancer Risk Values for Chemicals with California Public Health Goals (PHGs)
Chemical Health Risk Category1
California
PHG
(mg/L)2
Cancer
Risk3
at the
PHG
California
MCL4
(mg/L)
Cancer
Risk at the
California
MCL
Ethylene
dibromide (1,2-
Dibromoethane)
carcinogenicity
(causes cancer)

0.00001 1×10-6 0.00005 5×10-6
(five per
million)
Fluoride musculoskeletal toxicity
(causes tooth mottling)
1 NA 2 NA
Glyphosate nephrotoxicity
(harms the kidney)

0.9 NA 0.7 NA
Heptachlor carcinogenicity
(causes cancer)

0.000008
(8×10-6)
1×10-6 0.00001 1×10-6
(one per
million)
Heptachlor
epoxide
carcinogenicity
(causes cancer)

0.000006
(6×10-6)
1×10-6 0.00001 2×10-6
(two per
million)
Hexachloroben-
zene
carcinogenicity
(causes cancer)

0.00003 1×10-6 0.001 3×10-5
(three per
hundred
thousand)
Hexachloro-
cyclopentadiene
(HCCPD)
digestive system toxicity
(causes stomach
lesions)

0.002 NA 0.05 NA
Lead developmental
neurotoxicity
(causes neurobehavioral
effects in children)
cardiovascular toxicity
(causes high blood
pressure)
carcinogenicity
(causes cancer)

0.0002 <1×10-6
(PHG is
not based
on this
effect)

0.015
(AL9)
2×10-6
(two per
million)

Page 18 of 80 ends

0.000032 1×10-6 0.0002 6×10-6
(six per
million)
Mercury
(inorganic)
nephrotoxicity
(harms the kidney)

0.0012 NA 0.002 NA
Methoxychlor endocrine toxicity
(causes hormone
effects)

0.00009 NA 0.03 NA
Methyl tertiary-
butyl ether
(MTBE)
carcinogenicity
(causes cancer)

0.013 1×10-6 0.013 1×10-6
(one per
million)
Molinate carcinogenicity
(causes cancer)

0.001 1×10-6 0.02 2×10-5
(two per
hundred
thousand)
Monochloro-
benzene
(chlorobenzene)
nephrotoxicity
(harms the kidney)

0.07 NA 0.07 NA
Nickel developmental toxicity
(causes increased
neonatal deaths)

0.012 NA 0.1 NA
Nitrate hematotoxicity
(causes
methemoglobinemia)
45 as
nitrate
NA 10 as
nitrogen
(=45 as
nitrate)
NA
Nitrite hematotoxicity
(causes
methemoglobinemia)
3 as
nitrite
NA 1 as
nitrogen
(=3 as
nitrite)
NA

Page 19 of 80 ends

Table 1: Health Risk Categories and Cancer Risk Values for Chemicals with California Public Health Goals (PHGs)
Chemical Health Risk Category1
California
PHG
(mg/L)2
Cancer
Risk3
at the
PHG
California
MCL4
(mg/L)
Cancer
Risk at the
California
MCL
Nitrate and
Nitrite
hematotoxicity
(causes
methemoglobinemia)
10 as
nitrogen10
NA 10 as
nitrogen
NA
N-nitroso-
dimethyl-amine
(NDMA)
carcinogenicity
(causes cancer)

0.000003
(3×10-6)
1×10-6 none NA
Oxamyl general toxicity
(causes body weight
effects)

0.026 NA 0.05 NA
Pentachloro-
phenol (PCP)
carcinogenicity
(causes cancer)

0.0003 1×10-6 0.001 3×10-6
(three per
million)
Perchlorate endocrine toxicity
(affects the thyroid)
developmental toxicity
(causes neurodevelop-
mental deficits)

0.001 NA 0.006 NA
Picloram hepatotoxicity
(harms the liver)

0.166 NA 0.5 NA
Polychlorinated
biphenyls
(PCBs)
carcinogenicity
(causes cancer)

0.00009 1×10-6 0.0005 6×10-6
(six per
million)
Radium-226 carcinogenicity
(causes cancer)

0.05 pCi/L 1×10-6 5 pCi/L
(combined
Ra226+228)
1×10-4
(one per
ten
thousand)
10 The joint nitrate/nitrite PHG of 10 mg/L (10 ppm, expressed as nitrogen) does not replace the individual values, and the maximum contribution from nitrite should not exceed 1 mg/L nitrite-nitrogen.

Page 20 of 80 ends

0.019 pCi/L 1×10-6 5 pCi/L
(combined
Ra226+228)
3×10-4
(three per
ten
thousand)
Selenium integumentary toxicity
(causes hair loss and
nail damage)

0.03 NA 0.05 NA
Silvex (2,4,5-TP) hepatotoxicity
(harms the liver)

0.003 NA 0.05 NA
Simazine general toxicity
(causes body weight
effects)

0.004 NA 0.004 NA
Strontium-90 carcinogenicity
(causes cancer)

0.35 pCi/L 1×10-6 8 pCi/L 2×10-5
(two per
hundred
thousand)
Styrene
(vinylbenzene)
carcinogenicity
(causes cancer)

0.0005 1×10-6 0.1 2×10-4
(two per
ten
thousand)
1,1,2,2-
Tetrachloro-
ethane
carcinogenicity
(causes cancer)

0.0001 1×10-6 0.001 1×10-5
(one per
hundred
thousand)
2,3,7,8-Tetra-
chlorodibenzo-p-
dioxin (TCDD, or
dioxin)
carcinogenicity
(causes cancer)
5×10-11 1×10-6 3×10-8 6×10-4
(six per ten
thousand)

Page 21 of 80 ends

Table 1: Health Risk Categories and Cancer Risk Values for Chemicals with California Public Health Goals (PHGs)
Chemical Health Risk Category1
California
PHG
(mg/L)2
Cancer
Risk3
at the
PHG
California
MCL4
(mg/L)
Cancer
Risk at the
California
MCL
Tetrachloro-
ethylene
(perchloro-
ethylene, or
PCE)
carcinogenicity
(causes cancer)

0.00006 1×10-6 0.005 8×10-5
(eight per
hundred
thousand)
Thallium integumentary toxicity
(causes hair loss)

0.0001 NA 0.002 NA
Thiobencarb general toxicity
(causes body weight
effects)
hematotoxicity
(affects red blood cells)

0.042 NA 0.07 NA
Toluene
(methylbenzene)
hepatotoxicity
(harms the liver)
endocrine toxicity
(harms the thymus)

0.15 NA 0.15 NA
Toxaphene carcinogenicity
(causes cancer)

0.00003 1×10-6 0.003 1×10-4
(one per
ten
thousand)
1,2,4-Trichloro-
benzene
endocrine toxicity
(harms
adrenal glands)

0.005 NA 0.005 NA
1,1,1-Trichloro-
ethane
neurotoxicity
(harms the nervous
system),
reproductive toxicity
(causes fewer offspring)
hepatotoxicity
(harms the liver)
hematotoxicity
(causes blood effects)
1 NA 0.2 NA

Page 22 of 80 ends

0.0003 1x10-6 0.005 2×10-5
(two per
hundred
thousand)
Trichloro-
ethylene (TCE)
carcinogenicity
(causes cancer)

0.0017 1×10-6 0.005 3×10-6
(three per
million)
Trichlorofluoro-
methane
(Freon 11)
accelerated mortality
(increase in early death)

1.3 NA 0.15 NA
1,2,3-Trichloro-
propane
(1,2,3-TCP)
carcinogenicity
(causes cancer)

0.0000007
(7×10-7)
1x10-6 0.000005
(5×10-6)
7×10-6
(seven per
million)
1,1,2-Trichloro-
1,2,2-trifluoro-
ethane
(Freon 113)
hepatotoxicity
(harms the liver)
4 NA 1.2 NA
Trihalomethanes:

Bromodichloro-
methane
carcinogenicity
(causes cancer)

0.00006 1x10-6 0.080* 1.3×10-3
(1.3 per
thousand)11
Trihalomethanes:

Bromoform
carcinogenicity
(causes cancer)

0.0005 1x10-6 0.080* 2×10-4
(two per ten
thousand)12
* For total trihalomethanes (the sum of bromodichloromethane, bromoform, chloroform, and dibromochloromethane). There are no MCLs for individual trihalomethanes. 11 Based on 0.080 mg/L bromodichloromethane; the risk will vary with different combinations and ratios of the other trihalomethanes in a particular sample.
12 Based on 0.080 mg/L bromoform; the risk will vary with different combinations and ratios of the other trihalomethanes in a particular sample.

Page 23 of 80 ends

Chloroform
carcinogenicity
(causes cancer)

0.0004 1x10-6 0.080* 2×10-4
(two per ten
thousand)13
Trihalomethanes:

Dibromochloro-
methane
carcinogenicity
(causes cancer)

0.0001 1x10-6 0.080* 8×10-4
(eight
per ten
thousand)14
Tritium carcinogenicity
(causes cancer)
400 pCi/L 1x10-6 20,000
pCi/L
5×10-5
(five per
hundred
thousand)
Uranium carcinogenicity
(causes cancer)

0.43 pCi/L 1×10-6 20 pCi/L 5×10-5
(five per
hundred
thousand)
Vinyl chloride carcinogenicity
(causes cancer)

0.00005 1×10-6 0.0005 1×10-5
(one per
hundred
thousand)
Xylene neurotoxicity
(affects the senses,
mood, and motor
control)

1.8 (single
isomer or
sum of
isomers)
NA 1.75 (single
isomer or
sum of
isomers)
NA
* For total trihalomethanes (the sum of bromodichloromethane, bromoform, chloroform, and dibromochloromethane). There are no MCLs for individual trihalomethanes. 13 Based on 0.080 mg/L chloroform; the risk will vary with different combinations and ratios of the other trihalomethanes in a particular sample.
14 Based on 0.080 mg/L dibromochloromethane; the risk will vary with different combinations and ratios of the other trihalomethanes in a particular sample.

Page 24 of 80 ends

Table 2: Health Risk Categories and Cancer Risk Values for Chemicals without California Public Health Goals
Chemical Health Risk Category1
US EPA
MCLG2
(mg/L)
Cancer
Risk3
at the
MCLG
California
MCL4
(mg/L)
Cancer
Risk at the
California
MCL
Disinfection byproducts (DBPs)
Chloramines acute toxicity
(causes irritation)
digestive system toxicity
(harms the stomach)
hematotoxicity
(causes anemia)
45,6 NA7 none NA
Chlorine acute toxicity
(causes irritation)
digestive system toxicity
(harms the stomach)
45,6 NA none NA
Chlorine dioxide hematotoxicity
(causes anemia)
neurotoxicity
(harms the nervous
system)

0.85,6 NA none NA
Disinfection byproducts: haloacetic acids (HAA5)
Monochloroacetic
acid (MCA)
general toxicity
(causes body and organ
weight changes8)

0.07 NA none NA
1 Health risk category based on the US EPA MCLG document or California MCL document unless otherwise specified.
2 MCLG = maximum contaminant level goal established by US EPA. 3 Cancer Risk = Upper estimate of excess cancer risk from lifetime exposure. Actual cancer risk may be lower or zero. 1×10-6 means one excess cancer case per million people exposed. 4 California MCL = maximum contaminant level established by California. 5 Maximum Residual Disinfectant Level Goal, or MRDLG.
6 The federal Maximum Residual Disinfectant Level (MRDL), or highest level of disinfectant allowed in drinking water, is the same value for this chemical. 7 NA = not available.
8 Body weight effects are an indicator of general toxicity in animal studies.

Page 25 of 80 ends

Table 2: Health Risk Categories and Cancer Risk Values for Chemicals without California Public Health Goals
Chemical Health Risk Category1
US EPA
MCLG2
(mg/L)
Cancer
Risk3
at the
MCLG
California
MCL4
(mg/L)
Cancer
Risk at the
California
MCL
Dichloroacetic
acid (DCA)
Carcinogenicity
(causes cancer)
0 0 none NA
Trichloroacetic
acid (TCA)
hepatotoxicity
(harms the liver)

0.02 NA none NA
Monobromoacetic
acid (MBA)
NA none NA none NA
Dibromoacetic
acid (DBA)
NA none NA none NA
Total haloacetic
acids (sum of

MCA, DCA, TCA,
MBA, and DBA)
general toxicity,
hepatotoxicity and
carcinogenicity
(causes body and organ
weight changes, harms
the liver and causes
cancer)
none NA 0.06 NA
Radionuclides
Gross alpha
particles9
carcinogenicity
(causes cancer)
0 (210Po
included)
0 15 pCi/L10
(includes
radium but
not radon
and
uranium)
up to 1x10-3
(for 210Po,
the most
potent alpha
emitter)
9 MCLs for gross alpha and beta particles are screening standards for a group of radionuclides.

Corresponding PHGs were not developed for gross alpha and beta particles. See the OEHHA memoranda discussing the cancer risks at these MCLs at
http://www.oehha.ca.gov/water/reports/grossab.html.

10 pCi/L = picocuries per liter of water.

Page 26 of 80 ends

Table 2: Health Risk Categories and Cancer Risk Values for Chemicals without California Public Health Goals
Chemical Health Risk Category1
US EPA
MCLG2
(mg/L)
Cancer
Risk3
at the
MCLG
California
MCL4
(mg/L)
Cancer
Risk at the
California
MCL
Beta particles
and photon
emitters9
carcinogenicity
(causes cancer)
0 (210Pb
included)
0 50 pCi/L
(judged
equiv. to 4
mrem/yr)
up to 2x10-3
(for 210Pb,
the most
potent beta-
emitter)

Page 27 of 80 ends

ATTACHMENT NO. 3

Page 28 of 80 ends

Mahalaga ang impormasyong ito. Mangyaring ipasalin ito.

Este informe contiene información muy importante sobre su agua potable. Tradúzcalo o hable con alguien que lo entienda bien.

If you would like a paper copy or a copy of the report emailed 707-649-3473 or [email protected]

WATER QUALITY REPORT
2019
Each year the City of Vallejo provides a Water Quality Report to its customers to inform them about important information regarding wa- ter quality.

In an effort to be more environmentally responsible, we are no longer printing large quantities of the report; however, the Report will be available on the City’s website on
April 1, 2020
at
www.cityofvallejo.net/waterqualityreport2019
ATTACHMENT NO. 3

Page 29 of 80 ends

WATER QUALITY REPORT
2020
Each year the City of Vallejo provides a Water Quality Report to its customers to inform them about important information regarding water quality.

In an effort to be more environmentally responsible, we are no longer printing large quantities of the report; however, the Report will be available on the City’s website on April 1, 2021 at the following web address.
www.cityofvallejo.net/waterqualityreport2020
Mahalaga ang impormasyong ito. Mangyaring ipasalin ito.

Este informe contiene información muy importante sobre su agua potable. Tradúzcalo o hable con alguien que lo entienda bien.

If you would like a paper copy or a copy of the report emailed 707-649-3473 or [email protected]

Page 30 of 80 ends

WATER QUALITY REPORT
2021
Each year the City of Vallejo provides a Water Quality Report to its customers to inform them about important information regarding water quality.

In an effort to be more environmentally responsible, we are no longer printing large quantities of the report; however, the report will be available on the City’s website April 1, 2022 at the following web address.

www.cityofvallejo.net/waterqualityreport

Mahalaga ang impormasyong ito. Mangyaring ipasalin ito.

Este informe contiene información muy importante sobre su agua potable. Tradúzcalo o hable con alguien que lo entienda bien.

If you would like a paper copy or a copy of the report emailed 707-649-3473 or [email protected]

Page 31 of 80 ends

ATTACHMENT NO. 4

Page 32 of 80 ends

Annual
Water Quality
Report
Water Testing Performed in 2019
Este informe contiene información muy importante sobre su agua potable. Tradúzcalo ó hable con alguien que lo entienda bien.

Mahalaga ang impormasyong ito. Mangyaring ipasalin ito. (707) 648-4307
Your Water Sources
The City of Vallejo owns and operates two permitted public water systems for the benefit of our customers in two major service areas.

The City of Vallejo Water System and service area provides drinking water to customers within the city limits, to some customers in the unincorporated areas adjacent to City boundaries and to a limited number of customers in the City of American Canyon.

The City of Vallejo Water System customers are fortunate Lake Berryessa, transported to our facilities by the Put ah South
Canal. The City also receives surface water from the State Water Project. This water, from Lake Oroville, travels through the Sacramento River to the State’s North Bay Aqueduct pumping facilities. Our source water
pumping and distribution
facilities enable us to treat and
deliver
water from either one
of these sources or to blend
these sources before
treatment at the
Fleming Hill Water
Treatment Plant and
distribution to the
Vallejo service area.

The City of Vallejo
Lakes System and
service area is a
public water
system with its
own treatment
plant and distri-
bution system
that delivers
drinking water to
customers residing in the Green Valley, Old
Cordelia, Jameson
Canyon, Suisun Valley, Willotta Oaks and Gordon Valley areas.

This system and service area also has water available from two distinct surface water sources. In addition to the Solano Project’s Lake Berryessa water delivered from the Putah South Canal by agreement with the Solano Irrigation District, this system treats water from Lakes Frey and Madigan, which are two interconnect- ed
lakes owned by the City of Vallejo. The Green Valley Water Treatment Plant can either treat these two sources separately or blend these two sources before treatment and delivery to our customers. In case of emergencies, portions of this system can receive treated water from the City of Fairfield. For a copy of their Annual Water Quality Report, please call (707) 437-5386. • Inorganic Contaminants, such as salts and metals, which can
be naturally occurring or result from urban storm water runoff, industrial or domestic wastewater discharges, oil and gas pro- duction, mining or farming;
• Pesticides and Herbicides, that may come from a variety of sources such as agriculture, urban storm water runoff and res- idential uses;
• Organic Chemical Contaminants, including synthetic and volatile organic chemicals, which are by-products of industri- al processes and
petroleum production, and can also come
from gas stations, urban storm water runoff, agricultural appli- cations and septic systems; and
• Radioactive Contaminants, that can be naturally occurring or be the result of oil and gas production and mining activities.

Drinking water, including bottled water, may reasonably be expect- ed to contain at least small amounts of some cont
aminants. The
presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the USEPA's Safe Drinking Water Hotline at 1-800-426-4791.

Environmental Protection Agency continued from inside
Your Water Treatment Process
TheCity of Vallejowater system and service area receives its fin- ished water from the forty-two million gallons per day Fleming Hill Water Treatment Plant. This conventional treatment facility utilizes a multi-barrier process to ensure compliance with all State and Federal drinking water regulations and standards.

Initially, ozone is added to help remove dissolved organic matter and to aid in downstream processes. The water then flows to mixing
basins where coagulants are added and the water is gently agitated so that fine suspended particles come together to form large ‘floc’ particles that settle out of the water. This process, known as coagu- lation, flocculation and sedimentation is followed by the addition of more ozone to disinfect and remove unwanted color, taste and odor.

The next step is filtration, where the water flowsthrough multimedia
filters consisting of granular activated carbon and sand in order to meet strict standards for clarity and to reduce the levels of microbial contaminants that could be in the untreated source water. Following filtration, the water receives additions of causticsoda, for pH and alkalinity control; fluoride, for the prevention of dental caries; and finally, chlorine to provide microbial protection throughout Vallejo’ s
distribution system. Quality control and assurance is maintained at all times through uniform adherence to standard operating proce- dures and a meticulous schedule of laboratory analyses.

TheCity of Vallejo Lakes System’sGreen Valley Water Treatment Plant, which provides water service to the Lakes service area, can treat up to one million gallons a day.

First, the MI
EX™ pretreatment process removes naturally occurring
dissolved organic matter. This treatment, using ion exchange resin, enables us to meet the Disinfectant/Disinfection By-products Rule by sufficiently lowering the levels of total organic carbon, therefore limiting the formationof disinfection by-products such as total tri- halomethanes. Total trihalomethanes are chemicals formed over time in the distribution system when dissolved organic matter com- bineswith
chlorine. Regulations require we use chlorine to disinfect surface water.

The treatment plant’s conventional treatment process uses polymer to promote coagulation, flocculation and sedimentation that remove the majority of soil particles from the water. Then, the water gravity flows through multimedia filters consisting of anthracite and sand so thatit
will meet clarity standards required to decrease microbial con- taminants and to aid the disinfection process. Depending on which City of Vallejo AnnualWater Quality ReportWater Testing Performed in 2019 continued on outside panel
water source or blend of sources we are treating (Lakes Madigan and Frey and/or Putah South Canal), we may add soda ash in order to increase alkalinity and pH. The last step of the treatment process adds chlorine to disinfect the water supply and to provide continual protection in the distribution system. This treatment plant does not add fluoride to your water.

A Message From the United States
Environmental Protection Agency
The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs and wells.

As water travels over the surface of the land or through the ground, it dissolves naturally occurring minerals and, in some cases, radioac- tivematerial, and can pick up substances resulting from the pres- ence of animals or from human activity.

Contaminants thatmay
be present in source water include:
• Microbial Contaminants, such as viruses and bacteria, which may come from sewage treatment plants, septic systems, agricultural livestock operations and wildlife;
Printed on Recycled Paper
City of Vallejo System, CA481 0007
City of Vallejo Lakes System, CA481 0021
30073-I-0037
The City of Vallejo welcomes this yearly opportunity to provide our customers with the Annual Water Quality
Report.We have included information so you know where your drinking water comes from, how it is treated and how its quality com- pares to drinking water standards.

The tables in this report show each constituent found, the level at which they occur, how their level compares with standards and their most likely source. For more information about this report,or for
any questions relating to your drinking water,please call Danielle Public Participation
You are invited to participate in our public forum and voice your opinions and concerns about your drinking water. The Vallejo City Council meets on various Tuesdays, throughout the year, at 7:00 p.m. at 555 Santa Clara Street, Vallejo. You may call the City Clerk at (707) 648-4527 for specific meeting dates.

Bonham, City of Vallejo, Water Quality Manager, at (7
07) 649-3473.

In order to ensure that tap water is safe to drink, the U.S.

Environmental Protection Agency (USEPA) and the State Water Resources Control Board (State Board) prescribe regulations that limit the amount of certain contaminants in water provided by public water systems. State Board regulations also establish limits for contaminants in bottled water that must provide the same protection for public health.

This report contains information from water quality testing in 2019 and shows how your water compares with primary and secondary standards established by the State Water Resources Control Board and the U.S. Environmental Protection Agency (USEPA). Primary standards are health related standards whereas secondary standards relate to consumer acceptance of the water supply and govern qualities such as taste, odor and color.
because they receive water supplies from two surface water sources. The Solano Project provides source water from
ATTACHMENT NO. 4

Page 33 of 80 ends

Annual
Water Quality
Report
Water Testing Performed in 2019
Este informe contiene información muy importante sobre su agua potable. Tradúzcalo ó hable con alguien que lo entienda bien.

Our source water
pumping and distribution
facilities enable us to treat and
deliver water from either one
of these sources or to blend
these sources before
treatment at the
Fleming Hill Water
Treatment Plant and
distribution to the
Vallejo service area.

The City of Vallejo
Lakes System and
service area is a
public water
system with its
own treatment
plant and distri-
bution system
that delivers
drinking water to
customersresiding
in the Green Valley, Old Cordelia, Jameson
Canyon, Suisun Valley, Willotta Oaks and Gordon Valley areas.

This system and service area also has water available from two distinct surface water sources. In addition to the Solano Project’s Lake Berryessa water delivered from the Putah SouthCanal by agreement with the Solano Irrigation District, this system treats water fromLakes
Frey and Madigan, which are two interconnect-
ed lakes owned by the City of Vallejo. The Green Valley Water Treatment Plant can either treat these two sources separately or blend these two sources before treatment and delivery to our customers. In case of emergencies, portions of this system can receive treated water from the City of Fairfield. For a copy of their Annual Water Quality Report, please call (707)
437-5386.
• Inorganic Contaminants, such as salts and metals, which can be naturally occurring or result from urban storm water runoff, industrial or domestic wastewater discharges, oil and gas pro- duction, mining or farming;
• Pesticides and Herbicides, that may come from a variety of sources such as agriculture,urban storm water runoff and res- idential uses;
• Organic Ch
emical Contaminants, including synthetic and
volatile organic chemicals, which are by-products of industri- al processes and petroleum production, and can also come from gas stations, urban storm water runoff, agricultural appli- cations and septic systems; and
• Radioactive Contaminants, that can be naturally occurring or be the result of oiland gas production and mining activities.

Drinking water, including bottled water, may reasonably be expect- ed tocont
ain at least small amounts of some contaminants. The
presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the USEPA's Safe Drinking Water Hotline at 1-800-426-4791.

Environmental Protection Agency continued from inside
Your Water Treatment Process
The City of Vallejo water system and service area receives its fin- ished water from the forty-two million gallons per day Fleming Hill Water Treatment Plant. This conventional treatment facility utilizes a multi-barrier process to ensure compliance with all State and Federal drinking water regulations and standards.

Initially, ozone is added to help remove dissolved organic matter and to aid in downstream processes. The water then flows
to mixing
basins where coagulants are added and the water is gently agitated so that fine suspended particles come together to form large ‘floc’ particles that settle out of the water. This process, known as coagu- lation, flocculation and sedimentation is followed by the addi tion of more ozone to disinfect and remove unwanted color, taste and odor.

The next step is filtration, where the water flows through multimedia
filters consisting of granular activated carbon and sand in order to meet strict standards for clarity and to reduce the levels of microbial contaminants that could be in the untreated source water. Following filtration, the water receives additions of caustic soda, for pH and alkalinity control; fluoride, for the prevention of dental caries; and finally, chlorine to provide microbial protection throughout Vallejo’ s
distribution system. Quality control and assurance is maintained at all times through uniform adherence to standard operating proce- dures and a meticulous schedule of laboratory analyses.

The City of Vallejo Lakes System’s Green Valley Water T reatment Plant, which provides water service to the Lakes service area, can treat up to one million gallons a day.

First, the M I
EX™ pretreatment process removes naturally occurring
dissolved organic matter. This treatment, using ion exchange resin, enables us to meet the Disinfectant/Disinfection By-products Rule by sufficiently lowering the levels of total organic carbon, therefore limiting the formation of disinfection by-products such as total tri- halomethanes. Total trihalomethanes are chemicals formed over time in the distribution system when dissolved organic matter com- bines with
chlorine. Regulations require we use chlorine to disinfect surface water.

The treatment plant’s conventional treatment process uses polymer to promote coagulation, flocculation and sedimentation that remove the majority of soil particles from the water. Then, the water gravity flows through multimedia filters consisting of anthracite and sand so that it
will meet clarity standards required to decrease microbial con- taminants and to aid the disinfection process. Depending on which City of Vallejo Annual Water Quality Report Water Testing Performed in 2019 continued on outside panel
water source or blend of sources we are treating (Lakes Madigan and Frey and/or Putah South Canal), we may add soda ash in order to increase alkalinity and pH. The last step of the treatment process adds chlorine to disinfect the water supply and to provide continual protection in the distribution system. This treatment plant does not add fluoride to your water.

A Message From the United States
Environmental Protection Agency
The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs and wells.

As water travels over the surface of the land or through the ground, it dissolves naturally occurring minerals and, in some cases, radioac- tive material, and can pick up substances resulting from the pres- ence of animals or from human activity.

Contaminants that
may be present in source water include:
• Microbial Contaminants, such as viruses and bacteria, which may come from sewage treatment plants, septic systems, agricultural livestock operations and wildlife;
Printed on Recycled Paper
City of Vallejo System, CA481 0007
City of Vallejo Lakes System, CA481 0021
30073-I-0037
The City of Vallejo welcomes this yearly opportunity to provide our customers with the Annual Water Quality
Report. We have included information so you know where your drinking water comes from, how it is treated and how its quality com- pares to drinking water standards.

Public Participation
You are invited to participate in our public forum and voice your opinions and concerns about your drinking water. The Vallejo City Council meets on various Tuesdays, throughout the year, at 7:00 p.m. at 555 Santa Clara Street, Vallejo. You may call the City Clerk at (707) 648-4527 for specific meeting dates.

Bonham, City of Vallejo, Water Quality Manager, at (7
07) 649-3473.

In order to ensure that tap water is safe to drink, the U.S.

Page 34 of 80 ends

Vallejo City CouncilNovember 15, 2022

Vallejo City Council
November 15, 2022