Agenda packet, regular meeting — Vallejo City Council, December 20, 2022 (part 6 of 8)

Housing Agencies (CDBG and HOME)

If approved, the City would accept proposals from non-profit affordable housing organizations, including qualified HOME Program CHDOs, that will address one or more of the top priority housing needs in the City's Five-Year Consolidated Plan.

The HCDC and staff propose that the following criteria be used in screening and evaluating CDBG Program and HOME Program proposals from housing agencies:

Agencies must document that they are chartered as a 501(c)(3) organization, submit other eligibility documents, provide evidence that they are fiscally sound, and comply with the City's insurance requirements. All proposers will submit a proposed CDBG Program or HOME Program Budget, an overall organizational budget, and a fiscal audit or financial statements, as applicable. All proposers must submit written fiscal policies and procedures, and written personnel policies and procedures.

Pursuant to HUD regulations, the City must commit and spend its CDBG Program and HOME Program funds by set deadlines. Therefore, the HCDC and staff recommend that the City only consider funding housing projects and activities that can be completed in a timely manner.

Social Service Agencies (CDBG)

If approved, the City would accept CDBG Program proposals from social service organizations that will address the top priority needs in the Consolidated Plan.

The HCDC and staff propose the following criteria be used in screening and evaluating proposals from social service agencies:

A CDBG Program-funded social service agency would propose to address the needs of one of the following populations: (1) homeless single men in need of emergency shelter, (2) unsheltered homeless persons in need of appropriate supportive services, (3) homeless individuals in need of permanent housing, (4) very low and low-income families with children, (5) homeless families with children in need of affordable housing, (6) supportive services for persons living with HIV/AIDS, (7) supportive permanent housing for the severely mentally ill, (8) treatment and prevention programs for persons with substance addictions, (9) programs meeting the needs of the elderly and disabled, and (10) victims of domestic violence. If awarded funding, these agencies must collect and maintain household income and related documentation to verify benefit and services to one of these populations.

Social service agencies must document that they are chartered as a 501(c)(3) organization, submit other eligibility documents, provide evidence that they are fiscally sound, and meet the City's insurance requirements. All agencies must submit: (1) a proposed CDBG Program budget (simple line item) for direct costs only (limited to tasks related to assisting program clients directly. CDBG Program funds will not pay for administrative overhead, administering the CDBG Program, supervision of staff, costs associated with City or HUD monitoring visits, general administrative expenses, e. g., education and outreach, etc.); (2) an overall organizational budget (sources and uses for the entire agency); and (3) a financial audit or financial statements, as applicable. All agencies must also submit written fiscal policies and procedures, and written personnel policies and procedures.

Public Facilities (CDBG)
Date: December 20, 2022
Subject: ADOPT A RESOLUTION APPROVING THE FISCAL YEAR (FY) 2023-24 COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND HOME INVESTMENT

PARTNERSHIPS (HOME) PROGRAM FUNDING PROCESS AND CRITERIA

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Social social agencies requesting CDBG Program funds for facility improvement costs must meet additional requirements, pursuant to HUD requirements, such as submitting a five-year business or operations plan; and providing evidence of property ownership or a long-term lease of at least ten years in duration, as applicable.

According to HUD guidelines, the City must expend CDBG Program funds promptly. Therefore, the HCDC and staff recommend that the City only consider funding social service operating costs and social service facility improvement projects that have the best chance to be delivered or completed in a timely manner.

Proposed Availability of Proposals and Proposal Deadline

The HCDC and staff recommend that the City prepare proposals for non-profit agencies to complete, as applicable, and to make them available not later than Monday, January 9, 2023, with a deadline for organizations to return completed proposals not later than 5:00 p. m. (PST) on Monday, February 6, 2023.

In fairness to those agencies that participate in the funding process from the beginning, and to ensure an orderly process, the HCDC and staff recommend that the HCDC and City Council not accept or consider any proposal that is submitted after the February 6, 2023 deadline, or that is substantially incomplete as deemed by staff, with no exceptions. After January 9, 2023 but prior to February 6, 2023, staff will hold a mandatory Notice of Funding Availability ("NOFA") Workshop for prospective social service and housing agencies that wish to submit proposals, in order for staff to provide an overview of program and City requirements, and to provide technical assistance if needed. The City will not accept a funding proposal from any organization that does not attend the NOFA Workshop.

FY 2023-24 Funding Agreements

After the City Council allocates FY 2023-24 CDBG Program and HOME Program funds in the Spring of 2023, agencies awarded funding will execute Agreements with the City in a timely manner. Agreements will take effect on July 1, 2023. Some of the terms in the Agreement will be: (1) quarterly reports on the number and characteristics of beneficiaries must be submitted; and (2) City staff will conduct quarterly reviews or meetings with the agencies, as well as virtual and on-site monitoring visits at the social service and housing agency locations, in order to review client and agency files and records, and program progress. HUD officials may also conduct virtual or on-site monitoring visits of non-profit agencies receiving CDBG Program or HOME Program funding from the City in FY 2023-24.

FISCAL IMPACT
If approved, the City Council's action will establish a funding process for the allocation of CDBG Program and HOME Program funds in FY 2023-24, in an estimated total amount of approximately $1.8 million. The City's application for FY 2023-24 CDBG Program and HOME Program funds, also known as an "Annual Action Plan", must be received by HUD by not later than May 15th of each year, unless otherwise directed by HUD. There is no impact to the General Fund associated with this item.

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

ATTACHMENTS
Date: December 20, 2022
Subject: ADOPT A RESOLUTION APPROVING THE FISCAL YEAR (FY) 2023-24 COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND HOME INVESTMENT

PARTNERSHIPS (HOME) PROGRAM FUNDING PROCESS AND CRITERIA

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1. consent f reso 2022 12 20 CAO Stamp

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

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VALLEJO APPROVING THE FISCAL YEAR (FY) 2023-24

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

AND HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM

FUNDING PROCESS AND CRITERIA
WHEREAS, the City of Vallejo has received annual allocations from the U. S. Department of Housing and Urban Development (HUD) of federal Community Development Block Grant (CDBG) Program and HOME Investment Partnerships (HOME) Program funds since 1974 and 1990, respectively; and
WHEREAS, these funds have helped the City to address its affordable housing and community development (non-housing) needs; and
WHEREAS, the City has adopted a Five-Year Consolidated Plan (2020-24), which documents affordable housing and community development needs in the City of Vallejo, and has established priority needs and goals; and
WHEREAS, in recent years, the City Council has approved a funding process and criteria for determining CDBG Program and HOME Program projects and activities on an annual basis; and WHEREAS, in FY 2022-23, the City received $1,049,156 in new CDBG Program Entitlement (grant) funds and projected program income, and $730,390 in HOME Program Entitlement funds and projected program income; and
WHEREAS, the exact CDBG Program and HOME Program funding amounts for the City of Vallejo in FY 2023-24 are not known at this time; and
WHEREAS, at a regular meeting on December 1, 2022, the Housing and Community Development Commission (HCDC) reviewed the FY 2023-24 funding process and criteria as proposed by staff, and recommended approval by the City Council; and WHEREAS, in order to adhere to the City’s typical timeline and complete a funding allocation process by HUD’s deadline for the City of May 15th, the HCDC and staff also recommend that the City proceed on the assumption that it may receive approximately the same amount in CDBG Program and HOME Program funds in FY 2023-24 as it did in FY 2022-23.

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

The Council of the City of Vallejo approves the funding process and criteria for determining the allocation of FY 2023-24 CDBG Program and HOME Program funds to projects and activities as recommended by the HCDC and staff, and as described in the Staff Report dated December 20, 2022.

Adopted by the Council of the City of Vallejo at a regular meeting held on December 20, 2022, with the following vote:

AYES:

NOES:

ABSENT:

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

DATE: December 20, 2022
TO: Mayor and Members of the City Council
FROM: Gillian Hayes, Assistant City Manager
Guy L. Ricca, Temporary Senior Community Development Analyst SUBJECT: CONSIDERATION AND POSSIBLE ADOPTION OF A RESOLUTION APPROVING THE

HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM AMERICAN RESCUE PLAN (HOME-ARP) DRAFT ALLOCATION PLAN IN ORDER TO RECEIVE AND ADMINISTER $2,213,960 IN FISCAL YEAR (FY) 2021-22 FUNDING FROM THE U. S. DEPARTMENT OF

HOUSING AND URBAN DEVELOPMENT (HUD)

RECOMMENDATION
Adopt a Resolution approving the City's Substantial Amendment to the Fiscal Year (FY) 2021-22 Annual Action Plan for submission to the U. S. Department of Housing and Urban Development (HUD), which will include the City's HOME Investment Partnerships (HOME) Program American Rescue Plan (HOME-ARP) Allocation Plan.

REASONS FOR RECOMMENDATION
In order to receive and expend its allocation of HOME-ARP funding from HUD, the City must prepare and submit an Allocation Plan, after consultation is completed, and public comment is requested and received.

BACKGROUND AND DISCUSSION
The U. S. Department of Housing and Urban Development (HUD) has notified the City that it is eligible to receive $2,213,960 in "HOME-ARP" funds to help the City provide housing, shelter, and services for people experiencing homelessness, persons who are at risk of homelessness, and other qualifying and vulnerable populations. To accept and administer HOME-ARP funding, the City must first submit a HOME-ARP Allocation Plan to HUD. Staff has drafted the Plan, which defines the proposed use of HOME-ARP grant funds to address these needs in Vallejo. HUD's deadline for submitting the HOME-ARP Allocation Plan is not later than March 31, 2023.

Prior to drafting the HOME-ARP Allocation Plan, the Housing and Community Development Commission (HCDC) held an initial public hearing at a special meeting on September 8, 2022 in order to receive input from the public on possible uses of HOME-ARP funding, and program and service priorities. No public or written comments were received.

The HCDC held a second and final public hearing at its regular meeting on November 3, 2022 on a proposed Substantial Amendment to the City's Fiscal Year (FY) 2021-22 Annual Action Plan, which contains the City's draft HOME-ARP Allocation Plan. No public or written comments were received on the draft HOME-ARP Allocation Plan. After the November 3rd public hearing, the HCDC recommended unanimously that the City Council approve the HOME-ARP Allocation Plan as presented by staff for submittal to HUD.

I. Review and Purpose of HOME-ARP

In March 2021, the American Rescue Plan Act was signed into law, which provides over $1.9 trillion in relief to address the continued impact of the COVID-19 pandemic on the economy, public health, State and local

Date: December 20, 2022
Subject: CONSIDERATION AND POSSIBLE ADOPTION OF A RESOLUTION APPROVING THE HOME

INVESTMENT PARTNERSHIPS (HOME) PROGRAM AMERICAN RESCUE PLAN (HOME- ARP) DRAFT ALLOCATION PLAN IN ORDER TO RECEIVE AND ADMINISTER $2,213,960 IN FISCAL YEAR (FY) 2021-22 FUNDING FROM THE U. S. DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT (HUD)

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governments, individuals, and businesses. To address the need for homelessness assistance and supportive services, $5 billion of this amount was appropriated to be administered through the HOME Program to perform four activities that must primarily benefit individuals and families who are homeless, at risk of homelessness, or in other vulnerable populations.

Eligible Activities and Qualifying Populations

Eligible HOME-ARP activities include:

(1) the development and support of affordable housing;
(2) tenant-based rental assistance (TBRA);
(3) provision of supportive services; and
(4) acquisition and development of non-congregate shelter units.

HOME-ARP defines qualifying individuals or families as those that are:

(1) homeless;
(2) at risk of homelessness;
(3) fleeing, or attempting to flee domestic violence, dating violence, sexual assault, stalking, or human trafficking;
(4) a part of other populations where providing supportive services or assistance would prevent a family's homelessness, or would serve those with the greatest risk of housing instability; or (5) veterans and families that include a veteran family member that meet the criteria in one of (1) through (4) above.

Use of HOME-ARP Funds to Benefit Qualifying Populations (QPs)

HUD requires that:

(1) 100 percent of HOME-ARP funds used by the City for TBRA, supportive services, and acquisition and development of non-congregate shelter units must benefit individuals and families in qualifying populations. Individuals and families in qualifying populations may be assisted by one or more HOME-ARP eligible activities.

(2) Not less than 70 percent of affordable rental housing units acquired, rehabilitated, or constructed with HOME-ARP funds must be occupied by households in qualifying populations.

Minimum Compliance/Restricted Use Periods

(1) HOME-ARP Rental Housing - HOME-ARP-assisted rental units must remain in compliance with the requirements of this program for a minimum of fifteen years.

(2) Non-Congregate Shelter - NCS activities must remain in compliance with the HOME-ARP restricted use periods as shown below.

New Construction: A minimum of fifteen years.

Date: December 20, 2022
Subject: CONSIDERATION AND POSSIBLE ADOPTION OF A RESOLUTION APPROVING THE HOME

URBAN DEVELOPMENT (HUD)

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Rehabilitation: A minimum of ten years.

Acquisition Only: A minimum of ten years.

HOME-ARP Program Administration

The City may expend, for the payment of reasonable administrative and planning costs, up to fifteen percent of its HOME-ARP funding allocation. By way of comparison, the City's HOME Program allows up to ten percent for program administration.

II. Draft HOME-ARP Allocation Plan

Staff has prepared a draft HOME-ARP Allocation Plan, shown at Attachment 2, which is summarized below.

Consultation and Sources of Data

Prior to drafting the Plan, the City held an initial public hearing at a special meeting of the HCDC on September 8, 2022, to invite input from the public on possible HOME-ARP projects and activities for Vallejo.

The City has also reviewed the preliminary results of a Solano County Point in Time (PIT) Count conducted in February, 2022, which was released by Community Action Partnership (CAP) Solano, a Joint Powers Authority (JPA), in the Fall of 2022. This PIT Count identified that on any given night, 920 out of 1,179 persons experiencing homelessness in Solano County were unsheltered, or 78 percent of those counted. In Vallejo, the preliminary February 2022 PIT Count data showed that 454 persons, or 38.5 percent of the County total, were homeless, with 435 of these persons (95.8 percent of Vallejo's homeless) unsheltered. In addition, the City's current Five-Year Consolidated Plan (2020-24) states that according to a 2019 PIT Count, the City estimates that there were 638 homeless persons in Vallejo, 549 of whom were unsheltered. PIT Counts continue to show a high ratio of unsheltered versus sheltered persons in Vallejo.

Finally, the City sent out a HOME-ARP Survey (via SurveyMonkey) in October, 2022 to 33 service providers, community partners, and stakeholder organizations, in order to receive their comments on priority needs in the homeless population, and other qualifying and vulnerable populations. Ten responses to the Survey were received. A majority of the respondents indicated that creating or adding more affordable housing units, with a supportive services component, is the highest priority.

Proposed Allocation of HOME-ARP Funds

The HCDC and staff recommend that the City's HOME-ARP funding be used as follows:

Activity Amount Development of Affordable
Rental Housing for
Homeless/At Risk, and QPs,
e. g., homeless veterans
(with Supportive Services) $1,881,866.00 Administration and Planning
(Program Administration 332,094.00 Date: December 20, 2022
Subject: CONSIDERATION AND POSSIBLE ADOPTION OF A RESOLUTION APPROVING THE HOME

URBAN DEVELOPMENT (HUD)

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Total $2,213,960.00

HOME-ARP Housing Production Goals

The HCDC and staff propose that the City allocate up to 85 percent of its HOME-ARP funds to the development of up to 45 units of affordable rental housing, with supportive services, for homeless persons or persons at risk of homelessness, as well as persons in qualifying populations. HUD requires that at least 30 percent of new affordable rental housing units created using HOME-ARP funds will be occupied by persons in a qualifying population, as shown below.

Affordable Rental Housing for Homeless Persons,
or Those At Risk of Homelessness: 31 Units Qualifying Population/s: 14 Units Total 45 Units

FISCAL IMPACT
If approved, the City Council's action will approve a HOME-ARP Allocation Plan in the amount of $2,213,960 in federal funds to projects and activities, included in a Substantial Amendment to the City's FY 2021-22 Annual Action Plan, for submission to HUD. There is no impact to the City's General Fund associated with this item.

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

ATTACHMENTS

1. COV Draft HOME-ARP Allocation Plan 11 15 2022

2. consent g reso 2022 12 20 CAO stamp

CONTACT
Gillian Hayes, Assistant City Manager (707) 648-4163
[email protected]
1 City of Vallejo DRAFT HOME-ARP Allocation Plan

Participating Jurisdiction (PJ): Vallejo Date: November 15, 2022

Background
The American Rescue Plan (ARP) Act appropriated $5 billion to help communities by providing housing, shelter, and services for people experiencing homelessness and other qualifying populations through the HOME Investment Partnerships (HOME) Program. This one-time funding creates a significant opportunity to meet the housing and service needs of the City of Vallejo’s most vulnerable populations.

On April 28, 2021, the City was awarded FY 2021 HOME-ARP funds in the amount of $2,213,960. These funds must be used to assist qualifying individuals or families meeting the following criteria: homeless; at risk of homelessness; fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking, or human trafficking; other populations where providing assistance would prevent the family’s homelessness or would serve those with the greatest risk of housing instability; and veterans and families that include a veteran family member that meet one of the preceding criteria.

HOME-ARP funds may be used for only four eligible activities, including:

- development and support of affordable housing;
- tenant-based rental assistance
- provision of supportive services; and
- acquisition and development of non-congregate shelter units.

The Housing and Community Development (HCD) Division of the City Manager’s Office is responsible for the administration of HOME-ARP.

In accordance with the regulations governing the HOME-ARP Program, funds must be used to benefit a qualifying population (QP). There are four eligible QPs.

1. Homeless, as defined in 24 CFR 91.5 – (1), (2), (3);

2. At Risk of Homelessness, (24 CFR 91.5);

3. Fleeing/Attempting to Flee Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking, as defined by HUD; and 2 4. Other Populations, (other families requiring services or housing assistance to prevent homelessness that do not qualify under any of the populations in 1-3).

Consultation
The City of Vallejo held an initial public hearing on the HOME-ARP Program prior to its drafting of a HOME -ARP Allocation Plan on Thursday, September 8, 2022 during a special meeting of the City’s Housing and Community Development (HCD) Commission. The City also accepted written comments on the development of the HOME-ARP Allocation Plan beginning August 18, 2022 through September 8, 2022. No public comments were received at the September 8th public hearing, and no comments were submitted during the written comment period.

As a follow up to the initial public hearing and written comment period, the City disseminated a community partner survey on October 4, 2022 through SurveyMonkey. A link to the survey was sent to 33 community partners and stakeholder organizations, and ten responses were received by the deadline of close of business on October 11, 2022. The survey responses received by the City are summarized below.

List of Organizations Consulted, and Summar y of Feedback Received from These Entities from the Survey
Agency/Org Type of Method of
Consulted Agency/Org Consultation Feedback

CAP Solano Govt/JPA Survey Housing counseling is the highest addressing need and case management for homelessness qualifying populations is the and safety net second highest need. Lack of services affordable housing is the highest priority.

Fighting Back Non-profit Survey Case management for qualifying Partnership organization populations is the highest need, serving families rental assistance is the second with minor highest need, and housing children counseling is the third highest need. Creating affordable
housing is the highest priority.
3 Napa-Solano Non-profit Survey Housing counseling is the highest Agency on organization need, and rental assistance is the Aging serving low- second highest need. Additional income elderly housing units is the highest priority.

Solano County Govt Survey Non-congregate shelter is the Behavioral serving adults highest need, and case Health coping with management for qualifying behavioral/ populations is the second highest mental health need. Permanent supportive housing is the highest priority.

Solano County Govt Survey Case management for qualifying Employment serving populations is the highest need, and Eligibility chronically and non-congregate shelter is Services homeless/ the second highest need. Lack unhoused of affordable rental housing is the highest priority.

Solano County Govt Survey Case management for qualifying Foster Care serving youth populations is the highest need, transitioning/ rental assistance is the second aging out of highest need, and foster care non-congregate shelter is the third highest need. Creating
affordable housing is the
highest priority.

Solano County Govt Survey Housing counseling is the Probation - serving adults highest need, case management Supervisor coping with for qualifying populations is the behavioral/ second highest need. mental health Low wages that make housing unaffordable is the highest
priority.

Solano County Govt Survey Housing counseling is the Probation – serving adults highest need, and Social Worker coping with non-congregate shelter is the behavioral/ second highest need. mental health Connecting homeless people 4 to support services is the
highest priority.

Solano Dream Non-profit Survey Case management for Center organization qualifying populations is serving the highest need, and chronically non-congregate shelter homeless/ is the second highest need. unhoused Overpriced rentals is the highest priority.

Vallejo Senior Non-profit Survey Creating affordable housing Citizens’ organization is the highest need, and Council serving very non-congregate shelter is low-income the second highest need. elderly Increasing awareness of available services is the
highest priority.

A second and final public hearing to receive comments on the Draft HOME-ARP Allocation Plan was held on Thursday, November 3, 2022, during a regular meeting of the City’s HCD Commission. Written comments were also accepted, beginning October 20, 2022, through November 3, 2022.

No comments were received during the November 3rd public hearing or during the second and final written comment period.

Public Participation
It is the policy of the City of Vallejo that no person shall be subjected to discrimination based on race, color, gender, marital status, sexual orientation, national origin, age, disability, or any other protected classification as defined by applicable law. The City provided contact information for persons needing auxiliary aids and services, with instructions on how to activate the needed services, during the HOME-ARP public hearings. The October 20 public notice placed on the City website and published in the local newspaper, the Vallejo Times -Herald, regarding the November 3, 2022 public hearing on the draft HOME-ARP Allocation Plan was made available in English, Spanish, and Tagalog.

5 During the initial HOME-ARP public hearing on September 8, 2022, staff presented an overview of the HOME -ARP Program, the funding amount for Vallejo, and eligible uses of funding. At the second and final HOME -ARP public hearing held on November 3, 2022, residents and other interested parties w ere offered the opportunity to comment on the greatest housing needs in Vallejo, review proposed HOME-ARP eligible activities, and comment on the best use of HOME -ARP funding in the community.

Needs Assessment and Gaps Analysis
The City’s HCD Division utilized two main sources of data to identify and estimate the needs in the City: (1) the preliminary results of a Solano County Continuum of Care Homeless Point in Time (PIT) Count conducted on February 23, 2022, and released by CAP Solano in September, 2022, and November, 2022; and (2) data on and estimates of homelessness in Vallejo as cited in the City’s current Five Year Consolidated Plan, 2020-24, (or the period beginning July 1, 2020 and ending June 30, 2025), and based in part on a PIT Count conducted in January, 2019.

February, 2022 PIT Count (Preliminary Data)

The HCD Division evaluated the size and demographic com position of qualifying populations in the County of Solano within its shelter system, as well as homeless persons who were unsheltered, based on initial data available from the most recent CAP Solano PIT Count conducted in February 2022, which was a community-wide effort. (Note: HUD has not issued its official report regarding the February, 2022 PIT Count.) The February, 2022 PIT Count identified that 920 out of 1,179 persons experiencing homelessness in Solano County were unsheltered, or 78 percent. The unsheltered population in 2022 is an increase of 28 persons from the PIT Count in 2019, which showed 1,151 persons in Solano County were unsheltered.

In Vallejo, the preliminary 2022 PIT C ount data showed that 454 per sons, or 38.5 percent of the County total, were homeless, with 435 of these persons (95.8 percent of Vallejo’s homeless) unsheltered.

Among the qualifying populations identified in the 2022 PI T Count on a County - wide basis, three percent were veterans, six percent were unaccompanied youth, and five percent were domestic violence survivors.

6 The loss of a job or reduced work hours was the most frequent response regarding the event leading to homelessness. The percentages are shown below.

- Lost job and/or reduced work hours (15%)
- Eviction (12%)
- Physical or mental health-related (12%)
- Divorce or break up (7%)
- Alcohol or drug use (6%)
- Asked to leave by friends or family (6%)

Consolidated Plan, 2020-24

The Consolidated Plan states that according to a PIT Count conducted in January, 2019, on any given night, there were an estimated 638 homeless persons in Vallejo, 549 of whom were unsheltered. This means that in 2019, Vallejo had a high ratio of unsheltered versus sheltered clients, (six to one).

Housing Instability in Vallejo

The Vallejo Housing Authority (VHA) currently is allocated 2,277 Housing Choice Vouchers from HUD. Of this amount, 1,443 Vouchers are being utilized , (leased up). This discrepancy is due to the tight rental housing market (a low vacancy rate), and other factors. However, as of October 19, 2022, 2,319 applicants are on the VHA waiting list. The VHA is currently working toward re-opening its waiting list in the first quarter of 2023.

Describe the Size and Demographic Composition of Qualifying Populations Within the PJ’s Boundaries
Since 2017 in particular, the City of Vallejo has experienced an increase in its homeless population, which was further exacerbated by the COVID -19 pandemic and associated economic shift. As stated earlier, the February 2022 preliminary PIT Count results show that of the 1,179 homeless persons in Solano County, 920 were unsheltered. Along with data available from the 2022 PIT Count and the City’s current Consolidated Plan, the City conducted a survey of stakeholders and service providers in Vallejo. Whil e the response rate was less than 50 percent, all respondents indicated that addressing homelessness, affordable housing, and enhancing associated services, were high priority needs. The needs identified ranged 7 from production of affordable housing, to increased rental assistance, development of non-congregate shelter, and case management.

Based on the 2020 Census, Vallejo’s population, at 126,090 persons, represents 27.8 percent of the County ’s popu lation, yet 38.5 percent of the homeless persons documented in the February 2022 PIT Count were in Vallejo.

In Solano County, data available for homeless persons either staying in shelters or living on the streets collected through the February 2022 PIT c ount indicated that individuals ages age 25 -55 represented 72.3 percent of the homeless count, and persons over 55 yea rs of age were 22 percent of the count. Females represented

32.8 percent of the homeless count, males represented 65.4 percent, and transgender persons represented less than one percent.

Identify and Consider the Current Resources Available to Assist Qualifying Populations, Including Congregate and No n-Congregate Shelter Units, Supportive Services, TBRA, and Affordable and Permanent Supportive Rental Housing
The City supports various services for qualifying population s. The City provides Community Development Block Grant (CDBG) Program social services funding for supportive services for homeless persons through the Global Center for Success; and The House of Acts, which has a sober living residential facility for men. The City’s HOME Investment Partnerships Program TBRA funds are used to provide rental assistance for homeless persons and those at risk of homelessness . Using HOME Program funds, in recent years the City has also invested nearly $2.2 million in the development of a 74 -unit permanent housing project, with supportive services, for homeless individuals and families, known as Blue Oak Landing . The City has also budgeted CDBG Program funds for the establishment of a Homeless Navigation Center, which is schedul ed to be completed during the life of the current Consolidated Plan. The City receives nearly $1.8 million annually in combined Entitlement funding (CDBG and HOME), the majority of which is used to support the development of affordable housing through activities such as new construction and Community Housing Development Organization (CHDO) projects.

Describe the Unmet Housing and Service Needs of Qualifying Populations Findings from the data analysis of the preliminary 2022 Solano County PIT Count show th at there were 920 persons that were unsheltered homeless. The City’s 8 HOME-ARP survey results from current providers and stakeholders identify the need for: (1) creating more affordable housing for all qualifying populations, and (2) case management, especially for families with minor children, chronically homeless and unhoused persons, and youth transitioning/aging out of foster care.

The most recent Solano County PIT Count was conducted in February, 2022. Of the 920 unsheltered homeless, 435 (47.3 percent) were in Vallejo. This indicates that there is a need for expanded shelter, transitional, and in particular permanent housing with a supportive services capacity.

Identify Any Gaps Within the Current Shelter and Housing Inventory , and Within the Service Delivery System
There is currently one emergency family shelter in Vallejo, Christian Help Center (a faith-based facility that is not low barrier), and now known as Transformation Village, with 85 beds for single men, women and their children, and male youth.

Based on the City’s HOME-ARP survey responses, it is reasonable to conclude that non-congregate shelter for single adults is a priority need. Supportive services for this population is a co-existing need, as many suffer from either substance addiction or mental health chall enges, especially persons who are unsheltered. Since 2017, there has been a steady growth in the number of persons in this group experiencing homelessness, particularly single adult males.

The results of the data from the 2022 PIT Count indicate there is a significant gap in available shelter beds. This PIT Count revealed that there 1,179 homeless persons in Solano County on any given night, and 78 percent were unsheltered, a four to one ratio.

Identify the Characteristics of Housing Associated with Instability and an Increased Risk of Homelessness, If the PJ Will Include Such Conditions in its Definitions of “Other Populations” as Established in the HOME-ARP Notice The City conducted a HOME-ARP survey of non-profits and government agencies currently providing services to qualifying populations as defined in the HOME/ARP Notice. Of the ten respondents, when asked which groups are most in need of affordable housing, seven indicated families with minor children, six identified chronically homeless/unhoused, six indicated low -income elderly, and five identified a dults coping with behavioral/mental health issues. Responses to the survey showed that it is challenging for providers to assist a homeless family with 9 finding housing for several reasons, which range from inadequate shelter beds to the prohibitive cost of rents on the open housing market. A challenge with serving the single adult homeless population is that there is typically a co -existing condition, such as substance abuse or mental illness.

Identify Priority Needs for Qualifying Populations
The City’s top priorities are affordable housing, and addressing homelessness.

Affordable housing and homelessness have been long -standing challenges for the City. There are multiple factors that contribute to the continued growth of the homeless population and high rental housing costs (which in some cases match or even exceed a monthly mortgage cost), over the last five years. There are currently a limited number of housing units available for rent. For this reason, expanding the affordable housing inventory appears to be the only way to address some of the existing needs.

Non-congregate shelter that converts to permanent supportive housing is one way to meet the housing needs of single adults that are challenged with mental illness or substance abuse. Additionally, those at risk of homelessness need support in order to prevent homelessness.

With the limited resources available through HOME -ARP, the City of Vallejo will seek to address the needs of those experiencing homelessness or at ris k of homelessness through permanent housing with supportive services, in order for the funding used to have the most significant and beneficial impact ; and as a second priority, if any funds are remaining , additional services for those at risk of homelessness.

Explain How the Level of Need and Gaps in its Shelter and Housing Inventory and Service Delivery Systems Based on the Data Presented in the Plan Were Determined
The needs gap was identified using a combination methodology: a review of the preliminary results of the 2022 Solano County PIT Count; information contained in the City’s current (2020-24) Consolidated Plan; a HOME-ARP survey conducted in October, 2022 of providers and stakeholders; two HOME-ARP public hearings, pre- and post-drafting of the HOME -ARP Allocation Plan; and two fifteen day written comment periods.

10 HOME-ARP Activities
Describe the Method for Soliciting Applications for Funding and/or Selecting Developers, Service Providers, Subrecipients and/or Contractors, and Whether the PJ will Administer Eligible Activities Directly
The City will use a Request for Qualifications (RFQ) and/or a Request for Proposals (RFP) process, with an established ranking criterion. RFQs/RFPs will be published through PlanetBids, Inc., via the City’s Information Technology (IT) Division.

There will be a defined window for submitting and accepting RFQs/RFPs. Once a bid closes, the City will convene a review panel and score submittals. To be considered for funding, an applicant mu st score a minimum of 70 points. Final selected applicants will be submitted for an HCD Commission review and recommendation, and then City Council approval.

Describe Whether the PJ will Administer Eligible Activities Directly The City will allocate fifteen percent of its funds, the maximum allowed under HOME-ARP, to Administration and Planning.

If Any Portion of the PJ’s HOME -ARP Administrative Funds Were Provided to a Subrecipient or Contractor Prior to HUD’s Acceptance of the HOME-ARP Allocation Plan Because the Subrecipient or Contractor is Responsible for the Administration of the PJ’s Entire HOME -ARP Grant, Identify the Subrecipient or Contractor and Describe Its Role and Responsibilities in Administering All of the PJ’s HOME-ARP Program
This section is not applicable.

Proposed Use of HOME-ARP Funding
Statutory
Activity Amount Grant (%) Limit (%) Development of Affordable
Rental Housing for
Homeless/At Risk, and QPs,
e. g., homeless veterans
(with Supportive Services) $1,881,866.00 85 N/A Administration and Planning
(Program Administration) 332,094.00 15 15 TOTAL $2,213,960.00 100

11 Describe How the PJ will Distribute HOME-ARP Funds in Accordance with its Priority Needs Identified in its Needs Assessment and Gaps Analysis This information is in the proposed HOME-ARP Budget shown above.

Describe How the Characteristics of the Shelter and Housing Inventory, Service Delivery System, and th e Needs Identified in the Gaps Analysis Provided a Rationale for the Plan to Fund Eligible Activities
The City’s current Consolidated Plan provides data on the existing housing and shelter inventory and the status of homelessness, while the 2022 Solano County PIT provided a count of the number of individuals experiencing homelessness on any given night. The City's HOME -ARP survey of providers and stakeholders in October, 2022 provided further information on client needs , and insight into high priorities. On a monthly basis, the City participates in Continuum of Care meetings, and serves on the CAP Solano JPA (governing board) regarding various subpopulations experiencing homelessness. These monthly meetings, as well as preliminary PIT and the most recent Consolidated Plan data, all point to the need for expanding the inventory of affordable housing. Close to eighty percent of the homeless population in Solano County is unsheltered, based on preliminary 2022 PIT numbers.

HOME-ARP Production Housing Goals
Estimate the Number of Affordable Rental Housing Units for Qualifying Populations that the PJ Will Produce or Support with its HOME -ARP Allocation
The City plans to allocate up to 85 percent of its HOME -ARP funds to the development of affordable rental housing, with supportive services, for homeless persons or persons at risk of homelessness, as well as persons in qualifying populations, as defined in the HOME-ARP Guidance.

The rental housing unit numbers provided below are minimum projections, and may be subject to change, based on construction and rental costs. The City will endeavor to partner with an entity or entities that are able to leverage other resources to meet or exceed the minimum goals established.

12 Affordable Rental Housing for Homeless Persons,
or Those At Risk of Homelessness: 31 Units Qualifying Population/s: 14 Units TOTAL 45 Units

Describe the Specific Affordable Rental Housing Production Goal that the PJ Hopes to Achieve, and Describe How It Will Address the PJ’s Priority Needs The City, via an RFQ and/or RFP process, will select an affordable housing developer to produce at least 45 units of affordable rental housing, which will, upon completion, include supportive services, preferably through new construction. Per HOME-ARP guidelines, not less than 30 percent of the rental units will be occupied by persons from a HOME-ARP Qualifying Population, for a minimum of fifteen years. The remainder (no more 70 percent) of the rental units produced will be occupied by persons experiencing homelessness or those at risk of homelessness.

The City’s proposed HOME-ARP Production Goal is consistent with previous and recent PIT Count, Consolidated Plan, and survey data.

Preferences
Identify Whether the PJ Intends to Give Preference to One or More Qualifying Populations or a Subpopulation Within One or More Qualifying Populations for Any Eligible Activity or Project
The City will not establish a preference due to the high demand for affordable housing in the City, and in Solano County. The City will work with service providers and other interested stakeholders to place households experiencing homelessness in permanent housing with supportive services.

HOME-ARP Refinancing Guidelines
Establish a Minimum Level of Rehabilitation Per Unit or a Required Ratio Between Rehabilitation and Refinancing to Demonstrate that Rehabilitation of HOME-ARP Rental Housing is the Primary Eligible Activity This section is not applicable. The City will not use HOME-ARP funds to refinance existing debt.

13 Provide a Review of Management Practices to Demonstrate that Disinvestment in the Property Has Not Occurred; That the Long -Term Needs of the Project Can Be Met; and That the Feasibility of Serving Qualifying Populations for the Minimum Compliance Period Can Be Demonstrated
This section is not applicable.

State Whether the New Invest ment is Being Made to Maintain Current Affordable Units, Create Additional Affordable Units, or Both This section is not applicable.

Specify the Required Compliance Period, Whether It is the Minimum Fifteen Years, or Longer
This section is not applicable.

State That HOME -ARP Funds Cannot Be Used to Refinance Multifamily Loans Made or Insured by Any Federal Program, Including CDBG The City will not use HOME-ARP funds to refinance existing loans.

Other Requirements in the PJ’s Guidelines, If Applicable This section is not applicable.

COMMUNITY ACTION PARTNERSHIP SOLANO

JOINT POWERS AUTHORITY

FOR IMMEDIATE RELEASE
CAP SOLANO JPA RELEASES THE 2022 POINT-IN-TIME COUNT DATA

Fairfield, CA – September 29, 2022: The Community Action Partnership of Solano, Joint Powers Authority (CAP Solano JPA) released the results of the Point-in-Time (PIT) Count and Survey for 2022. CAP Solano JPA is a governmental agency composed of the County of Solano and the cities of Benicia, Dixon, Fairfield, Rio Vista, Suisun City, Vacaville, and Vallejo , dedicated to coordinating efforts to reduce poverty and homelessness in Solano County.

As a requirement for receiving homeless assistance funding from the U.S.

Department of Housing and Urban Development (HUD), the PIT Count is usually conducted biennially in Solano County. Due to the COVID -19 pandemic, the previous PIT Count was done in 2019, and the 2021 c ount was moved to 2022.

HUD’s definition of homelessness is an individual or family who lacks a fixed, regular, and adequate nighttime residence, and/or whose residence is a public, or private place not designed for , or ordinarily used as a regular sleeping accommodation, including a car, park, abandoned building, bus or train station, airport or camping ground, congregate shelters, transitional housing, and hotels and motels paid for by charitable or ganizations or by federal, state or local government programs for low-income individuals and does not include those who are living doubled up with others due to economic hardships or living in RV or trailer parks.

The PIT Count conducted in Solano County is part of the nation -wide initiative to provide a snapshot of the number and demographics of those experiencing homelessness on a given night and not designed to be a complete analysis of the issues surroundi ng homelessness or a comprehensive count of all homeless persons served over the course of a year. Solano County agencies use the PIT Count to identify potential gaps in services, track trends of subpopulations, inform future planning, and implement activities to address the needs presented in the regional strategic priorities action plan.

The 2022 PIT Count was conducted on February 23, 2022 and covered all of Solano County.

CAP Solano JPA

Dawn La Bar,
Chair/Executive Director
1000 Webster Street
Fairfield, CA 94533
707.428.7749
www.capsolanojpa.org
JPA Board of Directors

Dawn La Bar,
Chair
City of Fairfield
Kathy Lawton-Caesar, Vice-
Chair
City of Suisun City
Emily Cantu,
Treasurer and Secretary
City of Vacaville
Erik Upson
City of Benicia
Pamela Caronongan
City of Rio Vista
Natalie Peterson
City of Vallejo
Anne Putney
Solano County

COMMUNITY ACTION PARTNERSHIP SOLANO

JOINT POWERS AUTHORITY

FOR IMMEDIATE RELEASE
CAP SOLANO JPA RELEASES THE 2022 POINT-IN-TIME COUNT DATA

KEY FINDINGS:

From 2019 to 2022, the overall unsheltered population experienced a 28 person increase, going from 1,151 to 1,179 . This represents a 53 person decrease from the 1,232 reported in 2017.

The number of chronically homeless decreased from 19% to 16.5% from 2019 – 2022. Chronically homeless is defined as an individual with one or more disabling conditions or a head of household with a disabling condition who has been continuously homeless for 1 year or more and/or has experienced 4 or more episodes of homelessness in the past 3 years.

Loss of job or reduced work hours was the top response regarding the event leading to homelessness, the percentages being:
• 15% Lost job and/or reduced work hours
• 12% Eviction
• 12% Physical or mental health related
• 7% Divorce or Break Up
• 6% Alcohol or drug use
• 6% Asked to leave by friend/family
With the unexpected events that swept the nation in 2020 and 2021, the 2022 PIT Count truly shines additional light on areas that can be addressed to help prevent homelessness and provide service to those in need while currently in this situation.

An Executive Summary of the PIT Count can be obtained on the JPA website at http://www.capsolanojpa.org. A full report will be released soon.

CAP Solano JPA

Dawn La Bar,
Chair/Executive Director
1000 Webster Street
Fairfield, CA 94533
707.428.7749
www.capsolanojpa.org
JPA Board of Directors

Unsheltered 920 (78%)
131 (20.2%)

S O L A N O C O U N T Y
H o m e l e s s C e n s u s & S u r v e y
Gender
2 0 2 2 E x e c u t i v e S u m m a r y
771 (65.4%)
387 (32.8%)
10 (<1%)
Transgender
Male
Female
73%
<1 year 2-3 years 3+ years1-2 years
6%12%8%
16 (2.5%)
Under 18 18-24
134 (20.7%)
21 (3.2%)
25-34
Sheltered 259 (22%)
Age
1,232 1,151 1,179
2017 2019 2022
Census Trends
Length of Time
Experiencing Homelessness
203 (31.4%)
35-44
45-54
142 (22%)
55+
The 2022 Solano County Point-in-Time Count was a community-wide effort conducted on February 23rd. For this snapshot in time, it is estimated that there were 1,179 people either in shelters or living on the streets of Solano County.

The Point-In-Time Count is a national initiative to quantify the extent of homelessness and to gather details on the characteristics of people experiencing homelessness.

16.5%
3%
Chronically
Homeless*
Veterans
White AsianAmerican
Indiana /
Native
Alaskan
Black /
African
American
Native
Hawaiian
/ Pacific
Islander
Multiple
Races
0%
20%
40%
US Census PIT
Hispanic
/ Latin
(a)(o)(x)
Length of Time Living in
Solano County
29% 7%61% 3%
<1 year 2-3 years 3+ years1-2 years
Race & Ethnicity Target Populations
Unaccompanied
Youth
6%
5%
22%
Mental Health
Issues
Alcohol/
Drug Use
14%16%
Physical
disability
Self-Reported Health
21%
Chronic
Health
issues
HIV/Aids
related
illness
5%1%
Developmental
Current health conditions that may
affect the housing stability or
employment of those experiencing
homelessness
Was The Primary Event That Led To
Homelessness Related to COVID-19 or
a California Wildfire or neither?
2%
WildfireCovid-19
9%
Overall disability conditions
37%
of survey respondents
reported having at least
one disabling condition
A disabling condition is defined by HUD as a developmental disability, HIV/AIDS, or a long-term physical or mental impairment that impacts a person's ability to live
independently but could be improved with the stable housing. 7%
Divorce/
break up
Asked to leave
by friend/family
15%
6%
Lost job/
Reduced
work hours
12%
Eviction
Physical or
mental health
related12%
6%
Alcohol or
drug use
Where did you sleep Last
night: Top responses+
Event leading to
homelessness: Top responses+
44%
Encampment
Vehicle / Boat /
RV
6%
23%
Park
Under Bridge/
Overpass
Street or
Sidewalk
18%
1%
Abandoned
Building
Has been continuously homeless for 1 year or more and/or; Has experienced 4 or more episodes of homelessness within the past 3 years An individual with one or more disabling conditions or a familiy with a head of household with a disabling condition who:
^ Multiple response question, results may not add up to 100%+ Only displaying top responsesNote: Some percentages have been rounded so total percentage will equal 100% CHRONICALLY HOMELESS*
5%
Domestic Violence
Survivors
Have you been
treated with less
courtesy or
respect by
homeless outreach
or shelter services
staff because of
your race or
ethnicity this past
year N/A (no
services)
Don't
know/
Refused
NoYes0%
25%
50%
75%
Individuals Families
92% 8%
City / Town Unsheltered Sheltered
Benicia
Dixon
Fairfield
Rio Vista
Solano County Unincorporated
Suisun City
Vacaville
Vallejo 435 19
Total 920 259
Total By Jurisdiction
454
1179

CITY OF VALLEJO

HOME-ARP SURVEY RECIPIENTS
OCTOBER 2022
Organization HOME-ARP Qualifying Population Served
Berkeley Food and Housing Project Homeless; Other - Low Income supportive assistance Community Action Partnership (CAP) Solano JPA Homeless; At Risk Community Action North Bay (CANB) Homeless; Veterans
Global Center for Success Homeless
Housing First Solano Board Homeless; At Risk
Interfaith Coalition on Homelessness Homeless
Resource Connect Solano (Caminar) Homeless
Shelter Solano Homeless
Transformation Village Homeless
Vallejo Together Homeless
Volunteers of America Homeless; At Risk
Catholic Charities of Yolo-Solano At Risk
Fighting Back Partnership At Risk
SC Employment & Eligibility Services At Risk; Other - Low Income - supportive assistance SafeQuest Domestic Violence
SC DA Family Violence Prevention Domestic Violence
Area Agency on Aging - Solano Other - Elderly
SC Behavioral Health Other - Behavioral/Mental Health supportive services SC Child Welfare Services Other - Foster Care supportive services and assistance The Arc - Solano Other - Developmental Disabilities supportive services Vallejo Senior Citizens Council Other - Elderly
Northern CA VA - Solano (HUD-VASH) Veterans
Nation's Finest - Vallejo Veterans
Fair Housing Advocates of Northern CA *address fair housing and needs of persons with disabilities Legal Services of Northern CA *address fair housing
Vallejo Housing Authority At Risk; Other - Low Income supportive assistance

1 Approved as to form:

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VALLEJO TO APPROVE THE CITY OF VALLEJO’S HOME INVESTMENT

PARTNERSHIPS (HOME) PROGRAM AMERICAN RESCUE PLAN (HOME-ARP) DRAFT ALLOCATION PLAN FOR SUBMITTAL TO THE U. S. DEPARTMENT OF

HOUSING AND URBAN DEVELOPMENT (HUD)
WHEREAS, as a condition of receiving federal HOME Investment Partnerships (HOME) Program American Rescue Plan (HOME-ARP) funds, the City is required to prepare and submit a Substantial Amendment to its Fiscal Year (FY) 2021-22 Annual Action Plan to the U. S.

Department of Housing and Urban Development (HUD), for the purpose of including a HOME- ARP Allocation Plan; and
WHEREAS, HUD has notified the City that it is eligible to receive HOME-ARP funds in the amount of $2,213,960; and
WHEREAS, HOME-ARP funds may be used by the City only to provide housing, shelter, and services for persons experiencing homelessness, persons who are at risk of homelessness, and other qualifying and vulnerable populations; and
WHEREAS, after consultation, including but not limited to: (1) an initial public hearing held by the Housing and Community Development Commission (HCDC) at a special meeting on September 8, 2022; (2) a written comment period beginning August 19, 2022 and ending September 8, 2022; and (3) a HOME-ARP Survey in October, 2022 sent out to service providers, community partners, and stakeholder organizations, prior to drafting the HOME-ARP Allocation Plan, staff has prepared a draft HOME-ARP Allocation Plan; and WHEREAS, at a regular meeting on November 3, 2022, the HCDC held a second and final public hearing to receive input from the public on the draft HOME-ARP Allocation Plan; and WHEREAS, the City invited written comments on the draft HOME-ARP Allocation Plan beginning October 20, 2022 and ending November 3, 2022: and WHEREAS, after the November 3, 2022 HOME-ARP public hearing, the HCDC unanimously recommended the adoption of a Substantial Amendment to the City’s FY 2021-22 Annual Action Plan by the City Council, to include the allocation of HOME-ARP funds to projects and activities as shown in the HOME-ARP Allocation Plan.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF VALLEJO DOES HEREBY 2 RESOLVE AS FOLLOWS:

Section 1. The Council of the City of Vallejo approves the FY 2021-22 Annual Action Plan Substantial Amendment, as shown at Attachment 2 of the Staff Report dated December 20, 2022.

Section 2. Notwithstanding any provision of the award of funds as described in the Staff Report, the Council of the City of Vallejo by this action acknowledges that these funding allocations do not constitute a commitment of funds or project site approvals, and that such commitment of funds or approvals may occur only upon satisfactory completion of environmental reviews under the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), and receipt by the City as applicable of an Authority to Use Grant Funds from HUD under 24 CFR § 58.

Section 3. The provision of any HOME-ARP funds to projects and activities as described in the Staff Report is conditioned on the City’s determination to proceed with, modify, or cancel any activity based on the results of subsequent environmental reviews, as applicable.

Section 4. Notwithstanding the reservation of funds as described in the Staff Report, the City, and subrecipient agencies, developers, and contractors of the City receiving HOME-ARP funds, will not undertake or commit any funds to physical or choice-limiting actions, including property acquisition, demolition, movement, rehabilitation, conversion, repair, or construction prior to environmental clearance, and that the violation of this provision may result in the denial by HUD of the use of any HOME-ARP funds by the City under the HOME-ARP Program grant.

Section 5. The City Manager, or either of his designees, the Assistant City Manager, and the Housing and Community Development Program Manager, are hereby authorized to prepare and submit to HUD the City’s FY 2021-22 Annual Action Plan Substantial Amendment, and any related applications or documents, and any amendments or corrections to such applications and documents, as may be required by HUD.

Section 6. The City Manager or either of his designees are hereby authorized to make adjustments and revisions to funding allocations in the event that the amount of HOME-ARP funds provided to the City is revised by HUD, in a not to exceed amount of $100,000.

Section 7. The City Manager or either of his designees are hereby authorized to prepare and execute written Agreements, and Amendments to Agreements, as may be required, with subrecipient and non-profit agencies receiving HOME-ARP funding allocations.

Section 8. The City Manager or either of his designees are hereby authorized to prepare and issue Requests for Qualifications and Requests for Proposals for HOME-ARP projects and activities, as may be required by the City of Vallejo or HUD.

Adopted by the Council of the City of Vallejo at a regular meeting held on December 20, 2022, with the following vote:
3 AYES:

NOES:

ABSENT:

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

DATE: December 20, 2022
TO: Mayor and Members of the City Council
FROM: Rachel Ferguson, Human Resources
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW AGREEMENT WITH BEAUCHAINE CONSULTING GROUP, LLC. FOR HR CONSULTING SERVICES IN AN AMOUNT NOT TO EXCEED $93,000.

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a new Agreement with Beauchaine Consulting Group, LLC. for HR Consulting services in an amount not to exceed $93,000.

REASONS FOR RECOMMENDATION
Accepting this Agreement with Beauchaine Consulting Group, LLC., will allow the City' human resources department to continue utilizing Beauchaine’s consulting services in order to complete projects and meet deadlines.

BACKGROUND AND DISCUSSION
The City of Vallejo has contracted with Beauchaine Consulting to provide assistance with employee and labor relations. Beauchaine Consulting is currently providing services to the City that will require more time than previously anticipated. While efforts are being made to fill various positions to reduce the utilization of outside consultants, the City still needs the services of consultants. Existing operational needs being met utilizing Beauchaine Consulting have reached the original compensation limits of $190,000 in the original contract.

The new agreement with Beauchaine Consulting will have a maximum compensation amount of $93,000 so as not to disrupt the current work being performed for the City through June 30, 2023. The new Agreement will have an end date of June 30, 2023.

FISCAL IMPACT
An increase in Professional Services account appropriations for the additional fiscal impact associated with the action will be necessary during the FY22-23 Mid-Year Budget process to ensure adequate funding to implement the Agreement. However, there are adequate salary savings from the first six months of the fiscal year to offset the increased Agreement cost.

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

ATTACHMENTS

1. Beauchaine Agreement - Vallejo 2023

Date: December 20, 2022
Subject: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW AGREEMENT WITH BEAUCHAINE CONSULTING GROUP, LLC. FOR HR CONSULTING SERVICES IN AN AMOUNT NOT TO EXCEED $93,000.

Page 2 ends

2. Beauchaine Resolution CAO Stamp

CONTACT
Rachel Ferguson, Human Resources Director
[email protected]
Beauchaine Group - Consultant and Professional Services Agreement 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 20 th day of December, 2022, by and between the City of Vallejo, a municipal corporation ("City"), and Beauchaine Consulting Group, LLC. 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.
(a) 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 the operations of Consultant, Consultant’s officers, officials, directors, employees, agents, volunteers and affiliates and each of them (herein collectively, Consultant), , 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, or willful misconduct, 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. Notwithstanding the above, such indemnification obligation shall not apply to liability arising out of claims made by City employees or employee bargaining units relating to labor negotiations or disciplinary actions, nor to liability arising out of the sole negligence or willful misconduct of the City.

Beauchaine Group - Consultant and Professional Services Agreement Page 2 of 11 (b) City shall indemnify, hold harmless, and defend Consultant, its officers, officials, directors, employees, agents, 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 the acts, errors or omissions of City or any City officer, official, employee, agent or volunteer (herein collectively, City), relating to the performance of this Agreement including active or passive, or strict negligence, or willful misconduct, 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 City, 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 Consultant.

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

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

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

7. Conflict of Interest. Consultant warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Consultant’s family, business, real property or financial interests and the services to be provided under this Agreement. Consultant shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Consultant’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Consultant shall disclose such conflict in writing to City. Every individual who performs services on behalf of Consultant pursuant to this Agreement must file a full Statement of Economic Interests (also known as Form 700) with the City Clerk if the work of the individual involves making a governmental decision whether to issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar Beauchaine Group - Consultant and Professional Services Agreement Page 3 of 11 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. Licences, Permits, Etc. Consultant represents and warrants to City that all consultant services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Consultant has all the permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession.

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

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

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

Consultant’s responsibilities under this section shall not be delegated. Consultant shall be responsible to City for acts, errors, or omissions of Consultant’s Beauchaine Group - Consultant and Professional Services Agreement Page 4 of 11 subcontractors.

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

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

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

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

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

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

The payment made to Consultant pursuant to this Agreement shall be the full and complete compensation to which Consultant and Consultant’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Consultant nor Consultant’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Consultant. The City shall not be required to pay any Beauchaine Group - Consultant and Professional Services Agreement Page 5 of 11 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 December 20, 2022 and shall continue in full force and effect until June 30, 2023.

City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of 90 days, by written notice to Consultant. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed three 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 Beauchaine Group - Consultant and Professional Services Agreement Page 6 of 11 reimbursement of authorized expenses, payable pursuant to this section.

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

Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (2002) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.

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 Beauchaine Group - Consultant and Professional Services Agreement Page 7 of 11 Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.

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

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

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

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

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

If to City: Terrance Davis
Assistant City Manager
555 Santa Clara Street
Vallejo, CA 94590
Beauchaine Group - Consultant and Professional Services Agreement Page 8 of 11 If to Consultant: Aaron Slater
Managing Consultant
Beauchaine Consulting Group, LLC.
2359 Shamrock Dr.

Fortuna, CA 95540
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.

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 Beauchaine Group - Consultant and Professional Services Agreement Page 9 of 11 of this Agreement.

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

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

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

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

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

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

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

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

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

Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice Beauchaine Group - Consultant and Professional Services Agreement Page 10 of 11 provision of this Agreement. The failure to send an original shall not affect the binding nature of this Agreement.

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

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

Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments [SIGNATURES ON FOLLOWING PAGE]
Beauchaine Group - Consultant and Professional Services Agreement 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.

BEAUCHAINE CONSULTING GROUP
an LLC
By:

Stephanie Beauchaine
Managing Member
DATE:
11714998_
Vallejo Business License No.
(City Seal)

CITY OF VALLEJO,
a municipal corporation
By:

Mike Malone
City Manager
DATE:

ATTEST:

By:

Dawn Abrahamson
City Clerk
APPROVED AS TO CONTENT:

Terrance Davis
Assistant City Manager
APPROVED AS TO FORM:

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

Armond Sarkis
Risk Manager
Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 3 Exhibit A – Scope of Work

EXHIBIT A

SCOPE OF WORK

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

Terrance Davis
Assistant City Manager
555 Santa Clara Street
Vallejo CA 94590
[email protected]
The Consultant’s Representative for this Agreement is:

Aaron Slater
Managing Consultant
Beauchaine Consulting Group, LLC
2359 Shamrock Drive
Fortuna, CA 95540
415-689-4014
[email protected]
All routine administrative communications between the parties will be between the above named representative and may be by personal delivery, mail, or electronic mail as agreed between the Consultant Representative and City’s Representative.

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

3. Time for Performance. Consultant will perform the services according to the schedule below. If the schedule calls for the services to be performed in phases or discrete increments, Consultant shall not proceed from one phase or increment to the next without written authorization from the City’s Representative.

Consultant will complete all services by June 30, 2023.

4. Key Personnel. All of the individuals identified below are necessary for the successful prosecution of the services due to their unique expertise and depth and breadth of experience. There shall be no change in the personnel listed below, without written approval of the City Representative. Consultant recognizes that the composition of this team was instrumental in the City’s decision to award the work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 3 Exhibit A – Scope of Work
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:

Aaron Slater
Consultant and Professional Services Agreement (Revised 01.2019) Page 3 of 3 Exhibit A – Scope of Work
Attachment 1
(Exhibit A)
Scope of Services

1. Draft and prepare DOJ OIR recommendations for implementation in the Police Department, including but not limited to the following:
a. Family Liaison Protocol (item 34) by 2/28/23
b. Chief/Family Meeting (item 35) by 2/28/23
c. Review of Sharing Protocols (item 36) by 12/30/22
d. OIS Community Meetings (item 37) by 12/30/22
e. OIS Video and Internal Review PR (item 38) by 12/30/22 f. Handling of Critics (item 39) by 3/31/23
g. Soliciting Community Feedback (item 42) by 5/31/23
h. Feedback Loop for CJ Partners (item 43) by 5/31/23
i. Community Policy Feedback (item 44) by 5/31/23

2. Represent City of Vallejo management as lead negotiator for continued negotiations to reach successor MOU with VPOA.

3. Provide professional services and support to the Human Resources Department as requested by the Director of HR within the limits of this contract relating to employer-employee relations and other functions.

Consultant and Professional Services Agreement (Revised 01.2019) Page 1 of 4 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 ninety-three thousand dollars $93,000.00
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.

City agrees to pay Consultant for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses upon satisfactory completion of the services and delivery of the work product.

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 Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 4 Exhibit B - Compensation
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.

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 by-weekly basis. Consultant shall be responsible for the cost of supplying all documentation necessary to verify the Consultant’s billings to the satisfaction of City.

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

1. Description of services billed under this 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 this 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. Request for payment shall be sent to:

Cathy Nubla
Admin Analyst II
Human Resources
555 Santa Clara Street
Vallejo CA 94590
[email protected]
Cc: [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 Consultant and Professional Services Agreement (Revised 01.2019) Page 3 of 4 Exhibit B - Compensation
or other government agencies during regular business hours upon twenty four (24) hours’ notice.

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

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

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

Consultant and Professional Services Agreement (Revised 01.2019) Page 4 of 4 Exhibit B - Compensation
Attachment 1
(Exhibit B)
Billable Hourly Rate
Position Billable Rate
Managing Consultant $ 225.00
Consultant and Professional Services Agreement (Revised 01.2019) 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. Professional Liability insurance appropriate to the Consultant’s profession (Errors and Omission).

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

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

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

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

Consultant and Professional Services Agreement (Revised 01.2019) Page 2 of 3 Exhibit C – Insurance Requirements
D. Professional Liability (Errors and Omission): $1,000,000 combined single limit per occurrence, and annual aggregate.

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

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

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

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

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

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

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

F. The workers’ compensation and employer’s liability policy required hereunder shall be endorsed to state that the workers' compensation carrier Consultant and Professional Services Agreement (Revised 01.2019) Page 3 of 3 Exhibit C – Insurance Requirements
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.

Approved as to form:

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH

BEAUCHAINE CONSULTING FOR THE PURCHASE OF CONSULTING SERVICES

FOR HUMAN RESOURCES
WHEREAS, the City of Vallejo utilizes Beauchaine Consulting to provide Human Resources consulting services for the City’s Human Resources Department; and WHEREAS, Beauchaine is currently providing such services to the City of Vallejo; and WHEREAS, the City desires to continue using services provided by Beauchaine Consulting..

NOW THEREFORE, BE IT RESOLVED that the City Manager or his designee is authorized on behalf of the Vallejo City Council to execute a contract for the purchase of human resources consulting services with Beauchaine Consulting in the following amount:

1. Beauchaine Consulting Agreement $93,000.00
Adopted by the Council of the City of Vallejo at a regular meeting held on December 20, 2022 with the following vote:

AYES:

NOES:

ABSENT:

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

DATE: December 20, 2022
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, Public Works Director
Dan Sequeira, Assistant Public Works Director/City Engineer SUBJECT: ADOPT A RESOLUTION APPROVING A CONSULTANT AND PROFESSIONAL

SERVICES AGREEMENT WITH GUTIERREZ/ASSOCIATES ARCHITECTS FOR ARCHITECTURAL DESIGN SERVICES IN THE AMOUNT OF $288,000 PLUS

CONTINGENCY FOR THE HOMELESS NAVIGATION CENTER PROJECT AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

RECOMMENDATION
Adopt a resolution approving a Consultant and Professional Services Agreement with Gutierrez/Associates Architects for architectural design services in the amount of $288,000 plus contingency for the Homeless Navigation Center Project and authorizing the City Manager to execute same.

REASONS FOR RECOMMENDATION
Public Works advertised a Request for Qualifications to assess the needs of the Homeless Navigation Center facility and prepare design plans to construct a fully functional building system. Staff recommends awarding a Professional Services Agreement to Gutierrez/Associates Architects.

BACKGROUND AND DISCUSSION
As a result of the high cost of housing in the San Francisco Bay area, the City of Vallejo has suffered an increase in homelessness among its residents. This has placed a strain on public services and resulted in increased crime against a vulnerable population, placed homeless individuals at risk on our streets, increased potentially serious public health issues, and adversely impacted City neighborhoods and public facilities.

On May 17, 2021, the Planning Commission adopted a Resolution finding the Homeless Navigation Center Project to be in conformance with the City's General Plan. Mirrored after other successful models, Vallejo's Homeless Navigation Center will provide the City's homeless residents with access to vital services, including temporary housing at a navigation center, which will serve as a pathway to connect Vallejo’s homeless residents to permanent housing, jobs and income.

On November 1, 2022, Council authorized the purchase and sale agreement of 1937 Broadway Street for the location of the Homeless Navigation Center. The property meets the general suitability requirements for the proposed Navigation Center use. The property is located on a major arterial road, with easy public safety access and within 0.25 miles of major public transit and 0.75 miles of a major medical facility. Adequate electrical, water, sewer, and storm drainage connections are available to serve the site.

The Public Works Department is providing project and construction management for the Homeless Navigation Center Project. On November 16, 2022, a Request for Qualifications was advertised for architectural firms to provide design plans, construction documents, cost estimates, and preliminary schedules for construction of the facility at the recently acquired 1937 Broadway Street location. Of the three firms that submitted responses, Public Works' chosen architectural firm, Gutierrez/Associates Architects, was also the lowest bidder, at $288,000.

Date: December 20, 2022
Subject: ADOPT A RESOLUTION APPROVING A CONSULTANT AND PROFESSIONAL

SERVICES AGREEMENT WITH GUTIERREZ/ASSOCIATES ARCHITECTS FOR ARCHITECTURAL DESIGN SERVICES IN THE AMOUNT OF $288,000 PLUS

CONTINGENCY FOR THE HOMELESS NAVIGATION CENTER PROJECT AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

Page 2 ends

Staff recommends a Consultant and Professional Services Agreement to Gutierezz/Associates Architects, of Oakland, California, in the amount of $288,000, be approved. Design is expected to begin in January 2023.

FISCAL IMPACT
Funding for this project has been allocated through the approved Capital Improvement Program budget. There is no fiscal impact on the General Fund associated with this item. The following are the budget and estimated project costs for PW9433: Homeless Navigation Center Project:

Homeless Navigation Center
Project (PW9433)

BUDGET ESTIMATED

EXPENDITURES
Fund 101: Housing
Community Development Block Grant
(CDBG)
$106,850
Fund 201: Capital Outlay
ARPA (American Rescue Plan Act)
$2,000,000

Design - Gutierrez/Associates Architects ($288,000)
Design Staff Time ($125,000)
Construction Total ($1,693,850)

TOTALS $2,106,850 ($2,106,850)

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

Staff will return with a project and any related CEQA and NEPA determinations and analysis prior to construction or rehabilitation of the property.

ATTACHMENTS

1. 12.20.2022 Reso Award Professional Services Agreement for Homeless Navigation Center_CAO Stamp

2. Location Map 1937 Broadway

3. Gutierrez Associates Architects Professional Services Agreement_CAO Stamp

Date: December 20, 2022
Subject: ADOPT A RESOLUTION APPROVING A CONSULTANT AND PROFESSIONAL

SERVICES AGREEMENT WITH GUTIERREZ/ASSOCIATES ARCHITECTS FOR ARCHITECTURAL DESIGN SERVICES IN THE AMOUNT OF $288,000 PLUS

CONTINGENCY FOR THE HOMELESS NAVIGATION CENTER PROJECT AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

Page 3 ends

CONTACT
Melissa Tigbao, Public Works Director (707) 648-4433
[email protected]
RESOLUTION NO. 22-______

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

PROFESSIONAL SERVICES AGREEEMENT WITH GUTIERREZ/ASSOCIATES ARCHITECTS IN THE AMOUNT OF $288,000 CONTINGENCY FOR DESIGN PLANS, CONSTRUCTION DOCUMENTS, COST

ESTIMATES, AND PRELIMINARY CONSTRUCTION SCHEDULES FOR THE HOMELESS NAVIGATION

CENTER PROJECT
WHEREAS, as a result of the high cost of housing in the San Francisco Bay area, the City of Vallejo has suffered an increase in homelessness among its residents which has placed a strain on public services and resulted in increased crime against a vulnerable population, placed homeless individuals at risk on our streets, increased potentially serious public health issues, and adversely impacted City neighborhoods and public facilities; and
WHEREAS, in order to provide the City’s homeless population with access to vital services, including temporary housing at a navigation center, the City Council desires to establish a Navigation Center in the City; and
WHEREAS, Vallejo’s Homeless Navigation Center will be mirrored upon other successful models and will serve as a pathway to connect Vallejo’s homeless residents to permanent housing, jobs and income; and WHEREAS, on May 17, 2021, the Planning Commission adopted a Resolution finding the Homeless Navigation Center Project to be in conformance with the City's General Plan; and WHEREAS, on November 1, 2022, the City Council authorized a purchase and sale agreement for the property located at 1937 Broadway Street to serve as the location of the Homeless Navigation Center. The property is located on a major arterial road, with easy public safety access, and is within 0.25 miles of major public transit and 0.75 miles of a major medical facility. Adequate electrical, water, sewer, and storm drainage connections are available to serve the site; and
WHEREAS, the Public Works Department is providing project and construction management for the Homeless Navigation Center Project; and
WHEREAS, on November 16, 2022, a Request for Qualifications was advertised for architectural firms to provide design plans, construction documents, cost estimates, and preliminary schedules for construction of the facility at the recently acquired 1937 Broadway Street location; and WHEREAS, Gutierrez/Associates Architects, from Oakland, California submitted a bid of $288,000 and was determined by Public Works staff to be the most qualified firm; and WHEREAS, the total budget for the PW9433: Homeless Navigation Center Project is Two Million One Hundred Six Thousand Eight Hundred and Fifty Dollars [$2,106,850.00]. The total budget is split between two funds; Fund 101: Housing Community Development Block Grant (CDBG) having One Hundred Six Thousand Eight Hundred Fifty Dollars [$106,850], and Fund 201: Capital Outlay American Rescue Plan Act (ARPA) having Two Million Dollars [$2,000,000]; and
WHEREAS, there is adequate funding to award the Professional Services Agreement.

NOW, THEREFORE, BE IT RESOLVED that a Consultant and Professional Services Agreement with Gutierrez/Associates Architects to provide design plans, construction documents, cost estimates, and preliminary schedules for construction of the Vallejo Homeless Navigation Center in the amount of $288,000, plus a fifteen percent (15%) contingency, is approved.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Agreement between the City of Vallejo and Gutierrez/Associates Architects with any modifications recommended by City Attorney, and the City Clerk to attest the signing of that Agreement.

Adopted by the City Council of the City of Vallejo at a regular meeting held on December 20, 2022, with the following vote:

AYES:

NOES:

ABSENT:
____________________________________
ROBERT H. McCONNELL, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK
LEGEND
Approximate Scale
0 0.25 miles
N
FIGURE 1
June 2021

SITE VICINITY MAP
1937 Broadway, Vallejo, CA
SCHUTZE & Associates, Inc.

Project No. SCS745
NORTH

VALLEJO
Subject Site
1937 Broadway
Vallejo, CA
Commercial St.

Highway 37
Highway 29
Broadway
Lake Chabot
Lake Chabot Creek
Wetlands
next to
Napa River
Reference:
2012 USGS Topographic Map
Source Map Sheets:

Cuttings Wharf, Cordelia,
Mare Island and Benicia

7.5 Minute Quad (scale 1:24,000)
LEGEND
Approximate Scale
0 10 20 30 40 50 ft
N
FIGURE 2
June 2021

SITE MAP
1937 Broadway, Vallejo, CA
SCHUTZE & Associates, Inc.

Project No. SCS745
Commercial Street
Commercial Street
Broadway
Manhole Cover
over Stormwater
Drainage Pipe
Manhole Cover
Woodchip
Covered Area
Abandoned Powerpole
under Tree
Old
Shed
Sidewalk
Sidewalk
Gate
J&N Auto Body
1933 Broadway
Smith Vending Co.
100 Commercial Street
Golden Piston
Auto Center
209 Commercial St.
215 Commercial St.
(vacant)
Hybrid Works
221 Commercial St.

Foundry Boulders
Tree
Tree
Chain Link Fence
Chain Link Fence
Residential
Bus Stop
Power
Pole
Power
Pole
Estimated Former Location of
San Francisco-Napa Railroad Tracks
Power
Pole
Residential
& Retail
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Consultant and Professional Services Agreement
This Consultant and Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 21 st day of December, 2022, by and between the City of Vallejo, a municipal corporation ("City"), and Gutierrez/Associates Architects, a Sole Proprietorship (“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.

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.

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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.

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

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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.

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 Consultant and Professional Services Agreement
Gutierrez/Associates Architects

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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.

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.

16. Term. The term of this Agreement shall commence on December 21, 2022 and shall continue in full force and effect until December 31, 2024.

City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of six months, by written notice to Consultant. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed three (3) years.

If funds to effect such continued payment are not appropriated, C o n s u l t a n t agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.

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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 expen ses, 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 u se 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.

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.

Page 6 of 22 ends

void and of no effect.

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.

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.

Consultant shall include the above provisions of this section in every subcontract, including procurement of materials or equipment.

Consultant and Professional Services Agreement
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(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.

If to City:

Melissa L. Tigbao
Public Works Director
Public Works Department
555 Santa Clara Street 4th Floor
Vallejo, CA 94590
If to Consultant:

Efren Gutierrez
Principal
Gutierrez/Associates Architects
5701 International Blvd. No. 7
Oakland, CA 94621
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.

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.

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 Consultant and Professional Services Agreement
Gutierrez/Associates Architects

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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.

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 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 and Professional Services Agreement
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Consultant’s obligations underthis 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.

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

GUTIERREZ/ASSOCIATES

ARCHITECTS,
a Sole Proprietorship
By:

Efren Gutierrez
Principal
DATE:

CITY OF VALLEJO,
a municipal corporation
By:

Mike Malone
City Manager
DATE:

ATTEST:
(City Seal)
By:

Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:

Melissa L. Tigbao
Public Works Director
APPROVED AS TO FORM:

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

Armand Sarkis
Risk Manager
Consultant and Professional Services Agreement (Revised 01.2019) Gutierrez/Associates Architects Exhibit A – Scope of Work

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EXHIBIT A

SCOPE OF WORK

1. Representatives.

The City Representative for this Agreement is:

Melissa L. Tigbao
Public Works Director
Public Works Department
555 Santa Clara Street 4t h Floor
Vallejo, CA 94590
Phone: (707) 648-4433
Email: [email protected]
The Consultant’s Representative for this Agreement is:

Efren Gutierrez
Principal
Gutierrez/Associates Architects
5701 International Blvd. No. 7
Oakland, CA 94621
Phone: (510) 893-3311
[email protected]
All routine administrative communications between the parties will be between the above named representatives and may be by personal delivery, mail, facsimile transmission, or electronic mail as agreed between the Consultant Representative and City’s Representative.

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

3. Time for Performance. Consultant will perform the services according to the schedule contained in Attachment 2 of Exhibit A. If the schedule calls for the services to be performed in phases or discrete increments, Consultant shall not proceed from one phase or increment to the next without written authorization from the City’s Representative. Consultant will complete all services by December 31, 2024.

Consultant and Professional Services Agreement (Revised 01.2019) Gutierrez/Associates Architects Exhibit A – Scope of Work

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4. Key Personnel. All of the individuals identified below are necessary for the successful prosecution of the services due to their unique expertise and depth and breadth of experience. There shall be no change in the personnel listed below, without written approval of the City Representative. Consultant recognizes that the composition of this team was instrumental in the City’s decision to award the work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to 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: Efren Gutierrez
Consultant and Professional Services Agreement (Revised 01.2019) Gutierrez/Associates Architects Attachment 1 of Exhibit A – Scope of Work

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ATTACHMENT 1 OF EXHIBIT A

SCOPE OF WORK
Scope of Work

The Consultant shall assess the needs of The Navigation Center and provide a fully functional building system with modern facilities. The focus of this design shall be on providing maximum value, durability, and functionality for the facility while minimizing maintenance requirements.

All work shall be in accordance with applicable codes of the City of Vallejo, including, but not limited to, all applicable building codes, fire codes, life safety codes, and ADA requirements. The City of Vallejo will provide the Geotechnical Report to the selected design team.

Minimum facility requirements
City of Vallejo Navigation Center Homeless Shelter shall include the following minimum items in the two prefabricated Sprung Structures and Linked restroom buildings. The interior of the main building shall be designed to accommodate 125 beds in 4 quads.

The accessory Sprung Structure shall be designed to accommodate staff offices, medical/dental office, kitchen with commercial size microwaves for heating delivered food and laundry facility. The design at minimum shall include:
• 125 beds space in 4 quads
• Administrative office
• Offices for Service Providers
• Small Medical Office- Dental
• Reception Area/Front Desk
• Storage for Facility
• Storage for homeless
• Restrooms-to be used by either sex
• Showers- to be used by either sex
• Kitchen
• Charge Station for Electronic Devices
• Bike Racks
• Laundry Room with commercial washers/dryers
• Multi-Purpose Room for Dining and Emergency Shelter
• Room for Food and Clothing Bank
Consultant and Professional Services Agreement (Revised 01.2019) Gutierrez/Associates Architects Attachment 2 of Exhibit A – Schedule

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ATTACHMENT 2 OF EXHIBIT A

PROPOSED SCHEDULE

Consultant and Professional Services Agreement
Gutierrez/Associates Architects Exhibit B – Compensation

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3 EXHIBIT B

COMPENSATION

1. Consultant’s Compensation.

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. Addition al Services:

2. Appropriate Billable Hourly Rates for Services and Additional Services.Consultant’s billable hourly rates shall be 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.

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 Consultant and Professional Services Agreement
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3 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 this 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 this Invoice (Itemize all Reimbursable Expenses”)

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

D. Request for payment shall be emailed to:

[email protected]
Invoice File Name shall be:

Company Name Inv # Inv Amount Inv Date
If a paper copy is necessary, please mail it to:

City of Vallejo
Public Works Department
Engineering Division
555 Santa Clara Street 4t h Floor
Vallejo CA 94590

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

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

Consultant and Professional Services Agreement
Gutierrez/Associates Architects Exhibit B – Compensation

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3 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
Gutierrez/Associates Architects Attachment 1 of Exhibit B – Fees

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3 ATTACHMENT 1 OF EXHIBIT B
FEES

Consultant and Professional Services Agreement
Gutierrez/Associates Architects Attachment 1 of Exhibit B – Fees

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3 Consultant and Professional Services Agreement
Gutierrez/Associates Architects Exhibit C – Insurance Requirements

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

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.

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

Consultant and Professional Services Agreement
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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:

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.

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.

F. The workers’ compensation and employer’s liability policy required hereunder shall be endorsed to state that the workers' compensation Consultant and Professional Services Agreement
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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.

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VALLEJO AMENDING CHAPTER 2.52 OF THE VALLEJO MUNICIPAL CODE RELATED TO

COMPENSATION OF THE MAYOR AND COUNCIL
THE CITY COUNCIL OF THE CITY OF VALLEJO DOES ORDAIN AS FOLLOWS:

SECTION 1. Section 2.52.010 of the Vallejo Municipal Code is hereby amended to read as follows:

2.52.010 – Annual Salary.

The mayor and each council member shall receive an annual salary, payable in equal monthly installments in accordance with the provisions of Charter Section 305. Effective January 28, 2023, the annual salary of the mayor and each council member shall be increased to the sum of twenty-three thousand five hundred dollars per annum.

SECTION 2. Severability
If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact one or more provisions may be declared invalid.

SECTION 3. Effective Date.

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

Adopted by the City Council of the City of Vallejo at a regular meeting held on December 20, 2022, with the following vote:

AYES:

NOES:

ABSENT:
____________________________________
ROBERT H. McCONNELL, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK

ACTION ITEM 8.J.

DATE: December 20, 2022
TO: Mayor and Members of the City Council
FROM: Mike Malone, City Manager
SUBJECT: ADOPT A RESOLUTION APPROVING A MID-YEAR SALARY PLAN AMENDMENT FOR FISCAL YEAR 2022-2023 RELATING TO THE COMPENSATION OF THE MAYOR AND

CITY COUNCIL

RECOMMENDATION
Adopt a resolution approving a mid-year salary plan amendment for fiscal year 2022-2023 relating to the compensation of the Mayor and City Council.

REASONS FOR RECOMMENDATION
This action is required to adopt a new salary plan for fiscal year 2022-2023 following adoption of an ordinance increasing the amount of compensation paid to the members of the City Council.

BACKGROUND AND DISCUSSION
Sections 305 and 206 of the Charter set forth the bounds of compensation for City Council members, and the Mayor, respectively. Specifically, Section 305 requires that compensation is fixed by ordinance and shall not exceed the amount which the City Council of a general law city, of a comparable population, may prescribe under the provisions of State law. In 2009, the Council positions received their last compensation increase.

At the December 13, 2022 Council meeting, the City Council conducted the first reading of an ordinance amending Chapter 2.52 of the Vallejo Munciple Code related to compensation of the Mayor and Council. At its December 20, 2022 meeting, the City Council adopted the ordinance. The annual salary of each Council Member, including the Mayor, will be increased to the sum of $23,500. The new salary will take effect as of January 28, 2023.

FISCAL IMPACT
The current annual cost of salaries and benefits for the City Council, including the Mayor, is $218,767. The proposal to increased salary by 6% will have an annual impact of $85,524. Fiscal impact for the remaining 6 months of the current fiscal year will be $42,762.

Description Adopted
Budget
Proposed
Increase
Updated
Amounts
Net Increase
(Full-year)
Net increase
for balance FY
Base Salaries
@ $14,000
102,900 60% 164,640 61,740 30,870
Additional
Compensation -
Mayor
22,800 - 22,800 -
Benefits 123,067 - 146,851 23,784 11,892

Date: December 20, 2022
Subject: ADOPT A RESOLUTION APPROVING A MID-YEAR SALARY PLAN AMENDMENT FOR FISCAL YEAR 2022-2023 RELATING TO THE COMPENSATION OF THE MAYOR

AND CITY COUNCIL

Page 2 ends

Total Wages 248,767 334,291 85,524 42,762

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

ATTACHMENTS

1. Reso to Amend Salary Plan Mid-Year FY 22-23_CAO Stamp

2. Exhibit 1

CONTACT
Terrance Davis, Assistant City Manager (707) 648-4301
[email protected]
RESOLUTION NO. ____ N.C.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING A SALARY PLAN AMENDMENT FOR FISCAL YEAR 2022-2023

RELATING TO THE COMPENSATION OF THE MAYOR AND CITY COUNCIL WHEREAS, Vallejo Municipal Code section 2.60.340 requires that the City Council adopt an official salary plan through adoption of the annual positions and salaries resolution; and WHEREAS, the City Council approved Resolution 22-101 on June 14, 2022, adopting the Salary Plan;
WHEREAS, the City Council approved Resolution 22-129 on July 12, 2022, amending the Salary Plan; and
WHEREAS, the City Council approved Resolution 22-141 on July 26, 2022, amending the Salary Plan; and
WHEREAS, the City Council has the authority to amend the salary plan via resolution during the Fiscal Year; and
WHEREAS, the Salary Plan consists of the Full-Time Equivalent Listing and the Salary Schedule; and
WHEREAS, Staff is recommending the Salary Plan be amended to reflect amendments associated with the Council’s adoption of the Ordinance Amending Chapter 2.52 of the Vallejo Municipal Code Related to Compensation of the Mayor and Council on December 20, 2022.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vallejo hereby amends the Salary Plan, as shown in Exhibit 1 attached hereto and incorporated herein, to become effective January 28, 2023.

Adopted by the City Council of the City of Vallejo at a regular meeting held on December 20, 2022 with the following vote:

AYES: Mayor McConnell, Vice Mayor Verder-Aliga, Councilmembers Arriola, Brown, Dew, Loera-Diaz and Miessner
NOES: None
ABSENT: None
ABSTAIN: None

______________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
_________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Per Reso. 23-
Entry Maximum
Grade Class Code Status Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 CCG 8 Mayor Bi-weekly 904.62
Annual 23,520.00
CCG 9 City Council members Bi-weekly 904.62
Annual 23,520.00
N/A Mayor's Additional Compensation Bi-weekly 876.92
Annual 22,800.00
CAG 2 City Attorney Hourly 120.1923
(per Second Amendment effective July 1, 2019) Bi-weekly 9,615.38 Monthly 20,833.33
Annual 250,000.00
CMG 1 City Manager Hourly 133.6538
(per contract effective January 22, 2018) Bi-weekly 10,692.31 Monthly 23,166.67
Annual 278,000.00

CITY OF VALLEJO
Unrepresented - Contract
Effective January 28, 2023
EXHIBIT 1
CONSENT CALENDAR 8.K.

DATE: December 20, 2022
TO: Mayor and Members of the City Council
FROM: Gillian Hayes, Assistant City Manager
Michael Nimon, Economic Development Director
SUBJECT: ADOPT A RESOLUTION FINDING THE CITY-OWNED PROPERTY LOCATED AT 285 MARE ISLAND WAY, CONSISTING OF APNS 0055-170-400 AND 0055-170-410, NO

LONGER NECESSARY FOR THE CITY'S USE AND DECLARING THE SURPLUS PROPERTY "EXEMPT" PURSUANT TO GOVERNMENT CODE SECTION 54221(f)(1)(D)

RECOMMENDATION
Adopt a resolution finding the City-owned property located at 285 Mare Island Way, consisting of APNS 0055- 170-400 and 0055-170-410, no longer necessary for the City's use and declaring the surplus property "exempt" pursuant to Government Code Section 54221(f)(1)(D)

REASONS FOR RECOMMENDATION
The City of Vallejo has an expiring lease on this underutilized site (known as the former Dentist Building) as of October 21, 2024. The Yocha Dehe Wintun Nation (Tenant) obtained that lease on August 8, 2019 and began discussions with City staff regarding their interest in a long-term lease and development proposal. At its regular meeting of December 13, 2022, the City Council considered a 35-year lease with four optional five- year extensions that would facilitate re-development of the site, which could include a cultural center, event space, site improvements, a restaurant and tasting room of some of the Tribe’s products. Declaring the site to be exempt surplus land and making the findings for the exemption allow this proposal to proceed.

BACKGROUND AND DISCUSSION
Under the State Surplus Land Act (the Act), land owned by a local public agency must be declared either "Surplus Land" or "Exempt Surplus Land" as supported by written findings before the agency may take any action to dispose of it, consistent with the agency's policies or procedures. The proposed lease of 285 Mare Island Way to the Yocha Dehe Wintun Nation for a term of up to 55 years is subject to the Act.

Applicable Exemption
Government Code Section 54221 subd. (f)(1)(D) provides that surplus land is "exempt" from certain requirements and prohibitions under the Act if the agency is transferring the surplus land to another local, state, or federal agency for the agency’s use, or to a federally recognized California Indian tribe. As the proposed lease of the surplus land is to a federally recognized California tribe, the Yocha Dehe Wintun Nation, and provided the City can make the finding that the land is no longer necessary for its use, the land qualifies as "exempt surplus land."

Exemption Findings
Staff recommends that City Council declare 285 Mare Island Way as "surplus-exempt land", based upon the written findings in the attached resolution, which will allow staff to begin the process for disposition and development of this property in compliance with City Council direction.

Next Steps
After the City Council finds 285 Mare Island Way to be exempt surplus land, staff will execute the lease with

Date: December 20, 2022
Subject: ADOPT A RESOLUTION FINDING THE CITY-OWNED PROPERTY LOCATED AT 285 MARE ISLAND WAY, CONSISTING OF APNS 0055-170-400 AND 0055-170-410, NO

LONGER NECESSARY FOR THE CITY'S USE AND DECLARING THE SURPLUS PROPERTY "EXEMPT" PURSUANT TO GOVERNMENT CODE SECTION
54221(f)(1)(D)

Page 2 ends

the Tribe and the discretionary entitlement process will begin. Applications will be submitted by the Tribe within one year of the executed lease and City Council will review those applications through the development process.

FISCAL IMPACT
This action has no fiscal impact.

ENVIRONMENTAL REVIEW
The action of declaring this City-owned property as “surplus-exempt land” does not constitute an approval of the disposition of the City’s interest in this property, but merely initiates the process. Future disposition of this property requires separate discretionary actions of the City Council, and the City retains full discretion, following conclusion of the response from HCD regarding requested exemptions, to proceed with disposition of its interest in the Property in compliance with CEQA. As such, this action will not result in a direct or indirect physical change in the environment and does not in-and-of-itself constitute a “project” pursuant to CEQA Guidelines Section 15378.

ATTACHMENTS

1. Sekha Hills -Resolution-SLAExemption_12_20_2022_CAO Stamp

CONTACT
Gillian Hayes, Assistant City Manager
(707) 648-4163
[email protected]
1 RESOLUTION NO. 22-_________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO FINDING THE CITY-OWNED PROPERTY LOCATED AT 285 MARE ISLAND WAY COMPRISED OF APNS: 0055-170-400 AND 0055-170-410 IS NO LONGER NECESSARY FOR THE CITY’S

USE AND DECLARING SAID PROPERTY EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 54221 SUBD. (f)(1)(D)
WHEREAS, the City is the fee owner of two waterfront parcels measuring approximately 40,160 square feet and identified as APNs 0055-170-400 and 0055-170-410 whose street address is 285 Mare Island Way (the “City-owned Property”); and
WHEREAS, said City-owned Property is improved by a single story commercial building built in the 1970s measuring approximately 3,666 square feet, which building has been vacant for many years; and
WHEREAS, Government Code Section 54221 of the Surplus Lands Act (the “Act”) requires a public agency to declare property as surplus land or exempt surplus land after finding it no longer necessary for the agency’s use before it may dispose of the property; and WHEREAS, on December 13, 2022, the City Council considered a lease to the Yocha Dehe Wintun Nation, a federally recognized California Indian tribe, for a term of 35 years, with four optional five-year extensions for a term of up to 55 years (the “Lease”), contingent upon the declaration of the City-owned Property as “exempt” surplus land at its next regular public meeting; and
WHEREAS, surplus land that a local agency is transferring to a federally recognized California Indian tribe constitutes exempt surplus land pursuant to Section 54221(f)(1(D) of the Act; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Vallejo as follows:

1. The above recitals are true and correct and hereby incorporated herein.

2. The City Council hereby finds that City-owned property located at 285 Mare Island Way, comprised of APNs: 0055-170-400 and 0055-170-410, is no longer necessary for the City’s use.

3. The City Council hereby further finds that the lease of said City-owned Property constitutes a disposition of surplus land within the meaning of the Act.

2 4. The City Council hereby finds and acknowledges that the Yocha Dehe Wintun Nation is a federally recognized California Indian Tribe.

5. Accordingly, the City Council hereby declares that said City-owned property is exempt surplus land pursuant to Government Code section 54221(f)(1)(D).

6. The City Council hereby directs City staff, in compliance with the California Department of Housing and Community Development’s Surplus Land Act Guidelines, to provide to the Department a copy of this Resolution and the Lease upon its execution by the parties.

ADOPTED, by the City Council of the City of Vallejo at a regular meeting held on December 20, 2022, with the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ROBERT H. MCCONNELL, MAYOR
ATTEST ____________________________________

DAWN ABRAHAMSON, CITY CLERK
ACTION ITEM 8.L.

DATE: December 20, 2022
TO: Mayor and Members of the City Council
FROM: Mike Malone, City Manager
Sidney Wilson, Administrative Analyst
SUBJECT: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2022-23 BUDGET TO

APPROPRIATE EXPENDITURES FROM THE AMERICAN RESCUE PLAN ACT (ARPA)

SECOND TRANCHE AND ADOPT A RESOLUTION AUTHORIZING THE PURCHASE OF A TYPE I FIRE TRUCK FOR $875,000 AND A TYPE VI BRUSH TRUCK FOR $250,000

UTILIZING ARPA FUNDS

RECOMMENDATION

1. Adopt a Resolution to amend the budget for the second tranche of the ARPA grant award of $12,863,868 from the Federal Government.

2. Adopt a Resolution to authorize the purchase of a Type I Fire Truck, not to exceed $875,000, and a Type VI Brush Truck, not to exceed $250,000, utilizing ARPA funds.

REASONS FOR RECOMMENDATION
This proposed action is the second step of the City Charter which requires a two-step budget amendment process following the City Council’s action on December 13, 2022, where the City Council approved item 9A regarding projects proposed under the second tranche of the American Rescue Plan Act (ARPA) Coronavirus State and Local Fiscal Recovery Funds and filed a notice of intent to amend the Fiscal Year 2022-23 budget.

Additionally, it is necessary that the City Council approve project allocations to begin utilizing the second tranche of ARPA funds.

BACKGROUND AND DISCUSSION
On March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARPA), delivering $1.9 trillion of aid towards addressing the COVID pandemic and corresponding economic crisis. This legislative package included $350 billion in federal fiscal relief for local governments. This provision of the American Rescue Plan is referred to as the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) and includes $65.1 billion of direct and flexible aid to American cities, towns, and villages. The City of Vallejo was a recipient of these funds in the amount of $25,727,736.

The Local Fiscal Recovery Funds are designed to bolster agencies' responses to the COVID-19 pandemic and its economic impacts by supporting the immediate pandemic response, bringing back jobs, and laying the groundwork for a strong and equitable recovery, and have the following objectives:
 Support urgent COVID-19 response efforts to continue to decrease the spread of the virus and bring the pandemic under control
 Replace lost public sector revenue to strengthen support for vital public services and help retain jobs  Support immediate economic stabilization for households and businesses

Date: December 20, 2022
Subject: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2022-23 BUDGET TO

APPROPRIATE EXPENDITURES FROM THE AMERICAN RESCUE PLAN ACT (ARPA) SECOND TRANCHE AND ADOPT A RESOLUTION AUTHORIZING THE PURCHASE OF A TYPE I FIRE TRUCK FOR $875,000 AND A TYPE VI BRUSH TRUCK FOR $250,000 UTILIZING ARPA FUNDS

Page 2 ends

 Address systemic public health and economic challenges that have contributed to the unequal impact of the pandemic

The Treasury Department released a Interim Final Rule on May 17, 2021 and allowed for comments until July 16, 2021. The Final Rule became effective on April 1, 2022. The Final Rule provides a non-exclusive list of allowable expenditures and guidance regarding reporting and usage of funds, including the requirement to obligate funds by December 31, 2024 and expend them by December 31, 2026.

The allowable uses in the Final Rule include the following:
 Support public health expenditures, by, for example, funding COVID-19 mitigation efforts, medical expenses, behavioral healthcare, and certain public health and safety staff  Address negative economic impacts caused by the public health emergency, including economic harms to workers, households, small businesses, impacted industries, and the public sector  Replace lost public sector revenue, using this funding to provide government services to the extent of the reduction in revenue experienced due to the pandemic
 Provide premium pay for essential workers, offering additional support to those who have and will bear the most significant health risks because of their service in critical infrastructure sectors  Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, support vital wastewater and stormwater infrastructure, and expand access to broadband internet

Ineligible uses include the following:
 Contribution towards federal matching requirements, pension liability, financial reserves, legal settlements, and debt service
 Infrastructure not directly addressed in the Rescue Plan  Changes that reduce net tax revenue

In April 2021, staff created a webpage where community members could learn more about the Rescue Plan and submit ideas: https://www.myvallejo.com/american-rescue-plan-act. The page has continued to be updated as more information and resources have become available.

After taking direction on outreach from the Council, (3) three ARPA presentations were offered. (2) Two in-person sessions were offered on September 27, 2022 and October 4, 2022 and a virtual presentation was conducted on September 21, 2022. After the presentations, an interactive module was made available for stakeholders to vote on funding allocations. The module elicited over 300 votes and comments asking the City to allocate funding to specific categories. The categories in order of interest include:

1. Water, Sewer, and Broadband Infrastructure

2. Premium Pay for Essential Workers

3. Economic Impacts of the Public Health Emergency

4. Public Health Funding

5. Lost Public Sector Revenue

Date: December 20, 2022
Subject: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2022-23 BUDGET TO

Page 3 ends

In addition to gathering feedback from the community, staff used a previous needs assessment in combination with Council direction and concluded with an extensive list totaling over $100 million in projects. To develop recommendations, staff considered community and department needs along with the National League of Cities Principles, City Council Goal-Setting, and the Solano County Community Health Assessment.

Allocation Criteria
Allocate 2nd half of the City's allocation - $12,863,868 The second tranche was received in June 2022. City staff recommends allocating the second tranche of the funds.

In September 2021, the city Council allocated the first tranche of the City's Coronavirus State and Local Fiscal Recovery Funds to 12 general projects.

Allocate to one-time projects
Allocating funding towards one-time projects limits the City's ongoing liabilities and increases the City's fiscal health.

Projects that require ongoing support from the General Fund are not recommended. Instead, staff suggests allocating funds to one-time projects to promote fiscal security.

Allocate the funds consistent with the City Council and community member input Staff recommends supporting projects and programs consistent with City Council desires and feedback from community members. Specifically, staff suggests using the Council's vision for a safe, prosperous, and vibrant city as the basis of the allocation categories.

Allocate the funds for projects that will result in a return on investment and community impact The City Council was clear in their desire to invest in projects that would have a long-term fiscal impact on Vallejo.

Staff took this direction into account in formulating the following recommendations.

Recommendations

The recommendation before City Council is to provide funding for the following high-priority areas:

Category Proposed Allocation Anticipated Projects
Economic Development $1.8 M Aid to businesses; Assistance to nonprofits; Attention to the
waterfront; Downtown cleanup;
ADA compliance
Broadband Infrastructure $500 K IIJA grant matching; buildout of broadband infrastructure
Youth Services $1.55 M Early learning center; School
property maintenance; Preschool
vouchers
Community Responsiveness $2.8 M Purchase of Type I Fire Truck; Purchase of Type VI Brush
Truck; VCAT; Comm ops
Date: December 20, 2022
Subject: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2022-23 BUDGET TO

Page 4 ends

equipment; Costar software
subscription
City COVID Recovery $2.8 M COVID-19 Delta Variant
Coordination; Grant software;
Temp staff; Retention program
Revenue Loss $3.41 M Parking fund; HUD replacement

The purchases of a Fire Truck and a Brush Truck require a resolution (Attachment 4) in accordance with section 703 of the City Charter. Additional information regarding the proposed projects, including anticipated fiscal impact, can be found in Attachment 2.

Other aid included in the American Rescue Plan
This emergency legislative package funds vaccinations, provides immediate direct relief to individuals, and supports struggling communities. There are over 200 sections of relief outlined in the legislation; some notable funds and provisions include:
 Stimulus checks for individuals
 Expanded unemployment benefits
 Emergency rental and homeowner assistance
 School emergency relief fund
 Low-income water assistance program
 Supplemental nutrition assistance program (increase in CalFresh benefits)  Shuttered venue relief and
 Programs for restaurants and small business owners

Current and Future Expenditures
In addition to the Resolution Amending the Fiscal Year 2022-23 Budget to Appropriate Expenditures From the American Rescue Plan Act, staff has included a Resolution Authorizing the Purchase of a Type I Fire Truck for $875,000 and a Type VI Brush Truck for $250,000 utilizing ARPA funds. The City Council indicated support for this purchase during it's December 13, 2022 meeting. Additional resolutions for use of the funds related to other programs and projects will be brought back to the Council during the FY 22-23 Midyear budget process.

FISCAL IMPACT
The City of Vallejo has been awarded State and Local Fiscal Recovery Funds totaling $25,727,736. The purpose of these funds is to invest in the City's COVID-19 recovery efforts. The expenditures stemming from these funds are to be one-time expenses. However, the City Council may later approve the continuation of projects or programs established utilizing these funds.

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 Date: December 20, 2022
Subject: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2022-23 BUDGET TO

Page 5 ends

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

ATTACHMENTS

1. Projects - CivicClerk

2. ARPA Overview

3. ARPA Resolution (Second Tranche) CAO Stamp

4. Resolution_FY 22-23 Fire Truck Purchase CAO Stamp

CONTACT
Terrance Davis, Assistant City Manager (707) 648-4301
[email protected]
Category Project (22 Total)
COVID-19 Public Health Response
Purchase of Type 1 Fire Engine
Purchase of Type VI Brush Truck
Comms Ops Equipment
Downtown Projects (CCRC)
COVID-19 Economic Response (General)
Early Learning Center
School Property Maintenance
Preschool Vouchers for Working Parents
New Beds at Christian Help
Center/Transformation Villiage
Mural Program & Downtown Clean-Up
VCAT
Art Walk
Art Grants
Waterfront & Downtown specific update
Community Gift Cards - Vallejo Specific
COVID-19 Economic Response (Public Sector)
COVID-19 Delta Variant Coordination
Grant Software and staff
Costar Software Subscription
Broadband
Broadband Buildout
Government Services (Revenue Loss)
Retention Program (Incentives)
Marina bathrooms ADA
Sacramento Street Apartments
Parking
Allocation Amount Proposed Department

1.7 - Other COVID-19 Public Health Expenses (including
Communications,
Enforcement, Isolation/Quarantine)
875,000 Fire

1.7 - Other COVID-19 Public Health Expenses (including
Communications,
Enforcement, Isolation/Quarantine)
250,000 Fire

1.7 - Other COVID-19 Public Health Expenses (including
Communications,
Enforcement, Isolation/Quarantine)
1,500,000 PD

1.9 - COVID-19 Assistance to Non-Profits 100,000 EDD

2.14 - Education Assistance: Early Learning 450,000 CMO

2.24 - Education Assistance: Aid to High-Poverty Districts 1,000,000 CMO

2.25 - Addressing Educational Disparities: Academic, Social, and Emotional
Services
100,000 CMO

2.34 - Aid to nonprofit organizations 48,000 CMO

2.34 - Aid to nonprofit organizations 340,000 CMO

2.34 - Aid to nonprofit organizations 100,000 CMO

2.35 - Aid to Tourism, Travel, or Hospitality 25,000 EDD

2.35 - Aid to Tourism, Travel, or Hospitality 100,000 EDD

2.35 - Aid to Tourism, Travel, or Hospitality 500,000 CMO

2.37 - Economic Impact Assistance: Other 200,000 EDD

3.1-Public Sector Workforce: Payroll and Benefits for
Public
Health, Public Safety, or Human Services Workers
367,437 HR
HR

3.2-Public Sector Workforce: Rehiring Public Sector Staff 924,609 CMO
Finance
Finance

3.4 - Public Sector Capacity: Effective Service Delivery 50,380 EDD

5.21 - Broadband: Other projects/5.20 - IIJA Grant Match 500,000 IT

6.1 Provision of Government Services 1,500,000 HR

6.1 Provision of Government Services 516,000 PW

6.1 Provision of Government Services 2,154,058 Housing

6.1 Provision of Government Services 1,263,383 PW

OUTLINE
Background
Funding
Overall
Local Allocation
Payment Reporting
Spending Deadline
Guidelines
Allowable Uses
Additional Uses
Ineligible Uses
Additional Funding Considerations
Suggested Allocation of Funds
Data Sources
Recommendations
References & Resources
Expenditure Categories in Reporting Guidelines

AMERICAN RESCUE PLAN ACT

CORONAVIRUS STATE AND LOCAL FISCAL

RECOVERY FUNDS OVERVIEW
1 The City of Vallejo has$25.7 M
of ARPA funds to use towards
recovery efforts.
2 Funds must be obligated by
December 31, 2024 & expended
by December 31, 2026.
3 The City is taking a strategic
and community-oriented
approach in making a
recommendation.

K E Y

H I GH L I GH T S
Direct stimulus payments
Tax credits & Expanded Benefits
Renter & Homeowner Assistance
Homeless Intervention
Utility assistance
Nutrition assistance
Youth and education
Broadband
Small business programs
Shuttered venues
On March 11, 2021, President Biden signed the 1.9 trillion-dollar American Rescue Plan Act (ARPA) of 2021 into law to address the COVID-19 pandemic and the corresponding economic crisis. The American Rescue Plan established the Coronavirus State and Local Fiscal Recovery Funds which provides $350 billion in emergency funding for eligible state, local, territorial, and Tribal governments
The Coronavirus State and Local Fiscal Recovery Funds (herein referred to as “Local Recovery Funds”) are designed to bolster agencies’ responses to the COVID-19 pandemic and its economic impacts by supporting the immediate pandemic response, bringing back jobs, and laying the groundwork for a strong and equitable recovery.

The Local Recovery Funds are just a portion of the rescue plan funds. ARPA has over 200 provisions and includes funding for items including:

The focus of this document is on the Local Recovery Funds. These Funds provide direct and flexible funding to municipalities to meet local needs arising from the pandemic. The following pages describe the Local Recovery Funds guidelines and recommend an approach for the use of the funds.

BACKGROUND
ARPA - Coronavirus State & Local
Fiscal Recovery Funds
States

53.5%
Counties

17.8%
Metropolitan Cities

17.8%
Tribal Governments

5.5%
Local Funds
State governments
$195.3 billion
Counties
$61.5 billion
Metropolitan Cities
(Vallejo's designation)
$61.5 billion
Tribal governments
$20 billion
Non-entitlement Units
of Local Government
$19.5
State of California
$27,017,016,860.10

FUNDING
ARPA - Coronavirus State & Local
Fiscal Recovery Funds
Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control
Replace lost public sector revenue to strengthen support for vital public services and help retain jobs
Support immediate economic stabilization for households and businesses Address systemic public health and economic challenges that have contributed to the inequal impact of the pandemic
The funding outlined below was allocated to deliver the following objectives:

Overall Allocation
Solano County
$86,949,405
City of Vallejo
$25,727,736
The American Rescue Plan Act allocated a total of $350 billion towards the Local Recovery Funds Payment
Direct payments will be issued to metropolitan cities in two tranches. The first payment is issued after the processing of the application and the second following 12 months later.

Reporting
Metropolitan cities must submit an interim report and quarterly Project and Expenditure reports thereafter.

Spending Deadline
Recipients may only use funds to cover costs incurred during the period beginning March 3, 2021 and ending December 31, 2021. Funds must be obligated by December 31, 2024 and expended by December 31, 2026.

The Final Rule, released by the Treasury Department on April 1, 2022, provides a non-exclusive list of allowable expenditures. Categories include intervention for Qualified Census Tracts, public health, direct aid, community and economic development, and infrastructure. Encouraged expenditures include categories such as addressing racial disparities, inequities, and disproportionate harm.

FUNDING (CONTINUED)
ARPA - Coronavirus State & Local
Fiscal Recovery Funds

GUIDELINES

ALLOWABLE USES

SUPPORT
PUBLIC
HEALTH

RESPONSE

REPLACE
PUBLIC
SECTOR

REVENUE
LOSS
WATER,
SEWER,

BROADBAND

INVESTMENTS

ADDRESS

NEGATIVE

ECONOMIC

IMPACTS

PREMIUM

PAY FOR

ESSENTIAL

WORKERS

SERVING THE

HARDEST HIT

COMMUNITIES
& FAMILIES
Support Public Health Response
Services and programs to contain and mitigate the spread of COVID-19 Services to address behavioral healthcare needs exacerbated by the pandemic Payroll and covered benefits for public health personnel responding to pandemic Revenue Loss
Ensure continuity of vital government services
Revenue loss will be calculated at multiple points during the program. Once a shortfall in revenue is identified, recipients have broad latitude to use this funding to support government services up to this amount of lost revenue.

The revenue loss calculation is based on the formula provided in the interim rules. It excludes:

Refunds and other correcting transactions
Proceeds from issuance of debt or the sale of investments Agency or private trust transactions
Revenue generated by utilities
Revenue generated by insurance trusts (e.g., pensions)
A fund or administrative unit established to account for and control a particular activity
Intergovernmental transfers from the Federal government The Final Rule gives recipients broad latitude to use funds for the provision of government services to the extent of reduction in revenue. Government services can include, but are not limited to, maintenance of infrastructure or pay-go spending for
building new infrastructure, including roads; modernization of cybersecurity, including hardware, software, and protection of critical infrastructure; health services; environmental remediation; school or educational services; and the provision of police, fire, and other public safety services.

The funds for the provision of government services cannot be used towards the ineligible items listed in the Final Rule.

ALLOWABLE USES
ARPA - Coronavirus State & Local
Fiscal Recovery Funds
Water, Sewer, and Broadband Infrastructure
Includes improvements to water and sewer infrastructure as aligned with the Environmental Protection Agency project categories for the Clean Water State Revolving Fund and Drinking Water State Revolving Fund
To fund projects that deliver reliable service (100 Mbps download and upload speed) Address Negative Economic Impacts of Pandemic
Delivering assistance to workers and families
Supporting small business
Speeding the recovery of the tourism, travel, and hospitality sectors Rebuilding public sector capacity
Premium Pay for Essential Workers
Funds can be used to provide premium pay directly, or through grants to private employers, to a broad range of essential workers who must be physically present at their jobs. The Final Rule emphasizes the need to prioritize premium pay for lower-income workers.

ALLOWABLE USES (CONTINUED)
ARPA - Coronavirus State & Local
Fiscal Recovery Funds
Serving the Hardest Hit Communities
and Families
This allowable use is specifically for
Qualified Census Tracts – a low-
income area as designated by the

Department of Housing and Urban
Development
Addressing health disparities and the

social determinants of health
Investments in housing and
neighborhoods
Addressing educational disparities
Promoting healthy childhood
environments
Additional uses
Transfers
Recipient governments can transfer funds to a:

Private nonprofit organization
A public benefit corporation involved in the transportation of passengers or cargo A special-purpose unit of State or local government.

No restrictions on local governments prohibiting tax-cuts or local stimulus payments
Recipients of the Local Recovery Funds can use funds towards items outside of explicitly listed categories and examples provided in the rules so long as expenditures can be justified using the following framework.

Framework to Assess Eligibility for Projects and Services

1. Identify the harmful effect of COVID-19 the activity will address.

2. Assess the causal or compounding connection.

3. Assess for disproportionate impact on distressed sectors or populations.

4. Determine how to prove the expense produces the expected outcome.

ALLOWABLE USES (CONTINUED)
ARPA - Coronavirus State & Local
Fiscal Recovery Funds
Federal matching requirements
Pensions
Infrastructure not directly addressed in ARPA
Rainy day funds and financial reserves
Debt service
Legal settlements or judgments
Changes that reduce net tax revenue

INELIGIBLE USES
National League of Cities (NLC) Principles
NLC has recommended the five following principles for municipalities:

Use dedicated grants and programs first whenever possible Assess government operations AND community needs
Prioritize fiscal stability and returning to work
Maintain records and document success
Include your Congressional delegates as part of your success City Council Goal-Setting
The City Council held a two-day goal-setting session in May 2021 following an extensive community outreach effort facilitated by Urban Strategies Council. Council members coalesced around the following components for the City’s updated vision statement:

Vallejo is a SAFE, PROSPEROUS, and VIBRANT city. Council members identified the following primary areas for the FY 2021-2022 goals:

Improve public safety in Vallejo.

Incorporate a focus on youth development throughout Vallejo city government.

Improve Vallejo’s quality of life (cleanliness, roads, food access, recreation, etc.).

Increase housing affordability and address homelessness in Vallejo.

Advance Vallejo’s economic development opportunities/potential.

Department Pandemic Impacts Needs Assessment
City Staff requested a list of projects, programs, and services negatively impacted due to COVID-19 from Department Heads. The final product was a list of 60+ items amounting to $103 million.

The allocation recommendations have been strategically crafted based on various information sources, including:

Continued on the next page

SUGGESTED ALLOCATION OF FUNDS
ARPA - Coronavirus State & Local
Fiscal Recovery Funds
City Council Budget Conversation
During the Fiscal Year (FY) 21-22 budget hearing, Councilmembers expressed interest in increasing to various initiatives and projects including Participatory Budgeting, back-up generators for fire stations, the reopening of Glencover fire station, youth projects, economic development, mental health, childcare, social services, arts, broadband, and code enforcement.

Solano County Community Health Assessment
Solano County Public Health conducted a Community Health Assessment and presented their results to the Board of Supervisors in April 2021. The assessment ranked health needs in the following order:

Economic Security
Housing
Education
Violence and Injury Prevention
Behavioral Health
Healthy Eating/Active Living
Public Input
City Staff offered three (3) community ARPA presentations per direction of the Council. Two (2) in- person sessions were held on September 27, and October 4, and a virtual presentation was conducted on September 21. The virtual presentation is still available for viewing on MyVallejo.com.

An interactive module was made available after each presentation for stakeholders to vote on funding allocations. The module elicited over 300 votes and comments asking the City to allocate funding to specific categories.

SUGGESTED ALLOCATION OF FUNDS
ARPA - Coronavirus State & Local
Fiscal Recovery Funds
ARPA - Coronavirus State & Local
Fiscal Recovery Funds
Community members have been engaging on MyVallejo.com since April 2021 to provide input and ideas on how the City should allocate ARPA funds. The City received numerous votes and comments from community members suggesting how the City should direct their ARPA expenditures for the second tranche.

Below are the total votes by community members for each category. To find more detailed information, please visit: www.myvallejo.com/arpa
*Please note, not all community ideas qualify as eligible ways to allocate ARPA funds. City staff made best attempt to summarize community ideas into global categories. Some ideas may fall under multiple categories.

COMMUNITY INPUT

Allocate second half of the City's allocation of funds - $12,863,868

RECOMMENDED ALLOCATION CRITE
RIA
ARPA - Coronavirus State & Local
Fiscal Recovery Funds
1 Half of the funds have been delivered to the City with the second half expected to be received in June 2022. City Staff recommends allocating the first tranch of the funds.

Community needs may shift and the allocation of the remaining funds at a later date provides the City Council with the flexibility to adapt to and address future local needs.

Allocate the funds consistent with the City Council and community member input
2 Allocate funds to one-time projects
3 Staff recommends supporting projects and programs that are consistent with City Council desires and feedback from community members. Specifically, staff suggests using Council's vision for a safe, prosperous, and vibrant City as the basis of the allocation categories.

Allocating funding towards one-time projects limits the City's ongoing liabilities and increases the City's fiscal health. Projects that require ongoing support from the General Fund are not recommended. Staff suggests allocating funds to one-time projects to promote fiscal security.

Allocate the funds for projects that will result in a return on investment and significant community impact
4 Staff recommends investing in projects that will provide a community benefit and a return on investment.

RECOMMENDATIONS
ARPA - Coronavirus State & Local Fiscal
Recovery Funds
General Overview

CATEGORY
Youth Services
Broadband Buildout
Revenue Loss
General Economic Response
Public Sector Economic Response
Public Health Response
COST
$1,550,000
$500,000
$1,125,000
$1,979,380
$4,292,046
$3,417,442
ARPA - Coronavirus State & Local
Fiscal Recovery Funds

RECOMMENDATIONS - ESTIMATED ALLOTMENTS
Youth Services - $1,550,000
Scope
This funding will be allocated to opening the early learning center already approved by Council, school property maintenance, and preschool vouchers for working parents.

General & Fiscal Impact
The impact of these funds directed to Vallejo's youth will be long-lasting.

Funds directed toward the early learning center and maintenance to the school property will not be taken out of general funds. Preschool vouchers for working parents will increase the amount of people available for work and reduce the finacial strain of paying for preschool
Broadband Buildout - $500,000
Scope
The funds are to be used for building out broadband infrastructure in the city.

The goal is to extend fiber to the schools, anchor businesses, lateral buildouts for the businesses, fiber to new developments coming to the city. Provide WIFI access in public gathering places like Vallejo waterfront, major city parks, and Vallejo Downtown. Provide free WIFI/broadband access to our disadvantaged communities. This funding may also be used for IIJA grant matches.

General & Fiscal Impact
Additional broadband infrastructure in the City will (1) increase access to Vallejo residents and close the digital divide that exists in our disadvantaged communities (2) serve as an economic development and vitality driver to attract businesses in the city (3) promote broadband and highspeed internet for future development for Mare Island and (4) provide Vallejo residents multiple options for broadband besides Comcast and AT&T.

RECOMMENDATIONS - ESTIMATED ALLOTMENTS
ARPA - Coronavirus State & Local
Fiscal Recovery Funds
Fire Department Equipment Upgrade
Scope
This project will fund the purchase of a Type 1 Fire Engine and a Type VI Brush Truck.

General & Fiscal Impact
The purchase of this equipment will result in improved public safety, shorter response times, and will mitigate future fleet maintenance costs.

Revenue Loss - $3,417,442
Scope
This funding will be directed to deficits incurred during or because of the pandemic. Inculded in this allocation are: rectifying the negative balance of the City's parking fund, and addressing the Sacramento Street Apartment situation.

General & Fiscal Impact
The funding allocated to these deficits will take advantage of this unique one-time opportunity and spare constituents from being responsible for the bill.

Public Health Response - $1,125,000

RECOMMENDATIONS - ESTIMATED ALLOTMENTS
ARPA - Coronavirus State & Local
Fiscal Recovery Funds
General Economic Response -$1,979,380
Downtown & Waterfront Projects & Update
Scope
These funds will go towards a variety of ED efforts including: Downtown & Waterfront facade improvement, Costar software subscription for City research, ADA upgrades to the Marina bathrooms, and providing additional downtown lighting.

General & Fiscal Impact
These strategic investments in the community have significant return in property taxes, and sales taxes and business licenses. Additionally, these projects will keep more businesses in Vallejo, have a strategic targeted message and services to keep businesses and help them expand – all providing significant employment and tax revenue for the city. $1,166,380
Downtown Beautification
Scope
This funding will focus on projects directed towards downtown Vallejo.

Grants will be distributed for art projects and the construction of an art walk in selected downtown locations. Further, the City will create a mural program and conduct a downtown clean-up.

General & Fiscal Impact
These clean-up and COVID prevention efforts will work to creating a safe and vibrant City and could increase economic development opportunities within the City.
$465,000
ARPA - Coronavirus State & Local
Fiscal Recovery Funds
Scope
This project will fund gift card matches, outreach, and administration of the community gift cards which can only be used in Vallejo. In addition, this designation will allow VCAT to continue their operation in Vallejo, and provide new beds at the Christian Help Center/Transformation Villiage.

General & Fiscal Impact
ARPA will provide matching dollars for every purchase within the City of Vallejo. This project will not only bring additional money to designated areas, but will also serve as free advertisement for businesses. Moreover, the funding directed to the Nonprofits will allow them to continue vital operations that will not be subtracted out of the City's general fund. $348,000

RECOMMENDATIONS - ESTIMATED ALLOTMENTS
Small Business & Non Profit Assistance
Public Sector Economic Response - $2,792,046
Grant Software & Staff
Scope
This project covers the costs of a grants management system and two limited- term Administrative Analyst positions.

General & Fiscal Impact
The procurement & implementation of a grants management system and the creation of two limited term Grant Analyst positions increase the City's capacity to identify and pursue grant opportunities and ensure compliance with grant requirements. Incoming grant money will serve as a supplement to the City's general fund.
$924,609

RECOMMENDATIONS - ESTIMATED ALLOTMENTS
ARPA - Coronavirus State & Local
Fiscal Recovery Funds
Scope
These funds will be used to hire a limited term employee to coordinate COVID-19 communications, compliance, monitoring and tracking for City employees.

General & Fiscal Impact
The Human Resources Department has an influx of work due to COVID-19, and is seeing a rise in COVID-19 cases due to the Delta Variant. This limited-term position would provide an opportunity for even more outreach and coordination related to COVID-19, while removing a majority of that extra work from staff, allowing them to focus on their day to day work.
$367,437COVID-19 Delta Variant Coordination
Retention Program $1,500,000
Scope
These funds will be used as incentives and bonuses to essential workers who were vital to the City's opperations during the COVID-19 pandemic.

General & Fiscal Impact
This allocation will allow us to award and retain many of the City's most vital workforce.

Transfer of Communication Opperator's Division $1,500,000 Scope
Funding here will be earmarked to move the dispatcher
division to City Hall.

General & Fiscal Impact
The impact to Vallejo will be immense and immediate in
response time and quality of service.

REFERENCES & RESOURCES
ARPA - Coronavirus State & Local
Fiscal Recovery Funds
Full Text – American Rescue Plan Act
https://www.congress.gov/bill/117th-congress/house-bill/1319/text Interim Rules
https://www.federalregister.gov/documents/2021/05/17/2021-10283/coronavirus-state-and- local-fiscal-recovery-funds
Treasury Compliance and Reporting Guidelines
https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf National League of Cities - COVID-19 Pandemic Response & Relief https://www.nlc.org/covid-19-pandemic-response/#arp
California Department of Finance – Local Recovery Fund Allocations:
https://www.dof.ca.gov/budget/COVID-19/Local_Fiscal_Recovery_Fund_Allocations/ Treasury Department – Local Fiscal Recovery Funds Website & Fact Sheet:
https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state-local-and-tribal- governments/state-and-local-fiscal-recovery-funds
https://home.treasury.gov/system/files/136/SLFRP-Fact-Sheet-FINAL1-508A.pdf League of California Cities – Guide to Local Recovery:
https://www.cacities.org/Policy-Advocacy/Hot-Issues/Guide-to-Local-Recovery Solano County Board of Supervisors Meeting:
35 21-446 Receive an overview of the American Rescue Plan Act of 2021 for local fiscal recovery; and Provide initial direction regarding development of a Recovery Plan utilizing the direct allocation to Solano County of $86,949,405 in Coronavirus State and Local Fiscal Recovery Funds https://solano.granicus.com/MediaPlayer.php?view_id=8&clip_id=1973&meta_id=334601 https://solanocounty.com/depts/bos/meetings/videos.asp
Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO TO AMEND THE FISCAL YEAR 2022-23 BUDGET TO APPROPRIATE EXPENDITURES FROM THE

AMERICAN RESCUE PLAN ACT SECOND TRANCHE
WHEREAS, on March 11, 2021 President Joe Biden signed into law the $ 1.9 trillion American Rescue Plan Act (ARPA) to provide continued relief from the impact of the COVID-19 pandemic; and
WHEREAS, $350 billion of the ARPA funding was allotted to assist state, local, tribal, and territory governments in responding to the coronavirus pandemic; and WHEREAS, Sections 602(b) and 603(b) of the Social Security Act as added by section 9901 of the American Rescue Plan Act, Pub. L No. 117-2 (March 11, 2021) authorized the Department of the Treasury to make payments to certain recipients from the Coronavirus State Fiscal Recovery Fund including the City of Vallejo; and
WHEREAS, such funds are to be used in accordance with the guidelines provided by the US Treasury Department; and
WHEREAS, Coronavirus State and Fiscal Recovery Funds can be used for the following areas based on the Final Rule:
(a) to respond to the public health emergency concerning the Coronavirus Disease 2019 (COVID-19) or its negative economic impacts including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality;
(b) to respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers of the metropolitan city that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work; (c) for the provision of government services to the extent of the reduction in revenue of such metropolitan city due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year of the metropolitan city; or (d) to make necessary investments in water, sewer, or broadband infrastructure; and WHEREAS, City of Vallejo has received funding in the amount of $12,863,868 identified as funding allocation of the Second Tranche; and
WHEREAS, on December 13th, 2022 the City Council reviewed the intent to amend the Fiscal Year 2022-2023 budget; and
NOW, THEREFORE, BE IT RESOLVED the City Manager or designee be authorized on behalf of the City Council to amend the budget for the second tranche of the ARPA grant award of $12,863,868 from the Federal Government as outlined in Exhibit A; and BE IT FURTHER RESOLVED that the City Council hereby increases the General Fund Recovery Fund expenditure budget by $12,863,868.

Adopted by the Council of the City of Vallejo at a meeting held on December 20, 2022, with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ROBERT H. MCCONNELL, MAYOR
ATTEST:

DAWN G. ABRAHAMSON, CITY CLERK
Approved as to form:

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AUTHORIZING THE CITY MANAGER TO PURCHASE TWO (2) FIRE TRUCKS
WHEREAS, on December 13, 2022, City Council approved the purchase of two fire trucks (Glen Cove); and
WHEREAS, two new fire trucks are needed for Fire Station 26 to allow staff assigned to this location to effectively respond to emergencies and provide services to the community; and WHEREAS, the Public Works Maintenance Division is responsible for maintaining a comprehensive Fleet Equipment Replacement Program designed to manage the fleet for all City departments; and
WHEREAS, the Maintenance Division Fleet branch is responsible for ordering vehicles, modifying vehicles with specialized equipment, and delivering fully equipped and operational vehicles to City departments; and
WHEREAS, the fleet units will be purchased through either cooperative purchasing programs or piggy-back contracts, both of which meet City of Vallejo competitive purchasing process requirements; and
WHEREAS, it has been determined the following units are needed for Fire Station 26:

Description Estimated Cost
Type I Fire Truck $875,000
Type VI Brush Truck $250,000
NOW, THEREFORE BE IT RESOLVED that the City Council hereby authorizes the City Manager to purchase the above listed apparatus for an amount not to exceed $1,125,000.

Adopted by the City Council of the City of Vallejo at a regular meeting held on December 20, 2022 with the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________

ROBERT MCCONNELL, MAYOR
ATTEST:

______________________________________
DAWN G. ABRAHAMSON, CITY CLERK
CONSENT CALENDAR 9.A.

FOR THE HIDDENBROOKE ENTRY PARKWAY LANDSCAPE

IMPROVEMENT/REHABILITATION PROJECTS AND AUTHORIZING THE CITY

MANAGER TO AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $2,070,056 TO MCGUIRE AND HESTER IN ACCORDANCE WITH THE APPROVED

PLANS AND SPECIFICATIONS AND FINDING THE PROJECT EXEMPT FROM THE

REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15304(b)

RECOMMENDATION
Adopt a Resolution approving the project drawings and specifications for the Hiddenbrooke Parkway Landscape Improvements / Rehabilitation Projects (PWL001 & PW9435) and authorizing the City Manager to execute a construction contract in the amount of $2,070,056 with McGuire and Hester of Alameda, California in accordance with the approved drawings and specifications.

REASONS FOR RECOMMENDATION
The Hiddenbrooke Property Owners Association (HPOA) expressed a desire to re-landscape Hiddenbrooke Parkway to improve the aesthetics of the corridor. This project will re-landscape the portion of Hiddenbrooke Parkway from the start of the parkway at McGary Road to Bennington Drive.

BACKGROUND AND DISCUSSION
Hiddenbrooke Parkway is located off Interstate 80 (I-80) in Northeast Vallejo. Development of the Hiddenbrooke area, originally named "Sky Valley," started in the late 1980's. As of today, Hiddenbrooke consists of 1,222 residential dwellings, several passive parks, 1 community park, an 18-hole golf course, commercial/retail properties, hiking trails and open space.

Hiddenbrooke Parkway is the main entry into the Hiddenbrooke development that meanders for approximately

2.3 miles along the northeastern portion of Vallejo. The roadway begins at McGary Road and has four lanes and a raised landscaped median. The original landscaping along the 1.5 mile long parkway up to Bennington Drive leading into Hiddenbrooke was approved in 1996 and installed shortly thereafter. Since the initial installation, the landscaping has had a few minor upgrades. However, most of the plants, shrubs, flowers, trees, and irrigation systems are original and are in need of replacement.

Public Works staff and the Hiddenbrooke Property Owners Association (HPOA) Board worked in collaboration on the project from planning, design, through final approved plans. The HPOA and the residents of Hiddnebrooke are in full support of the project moving forward. The City engaged the architectural landscape firm of Borrecco/Kilian & Associates to assist in the development of the plans.

The Drawings and Specifications, were completed under the direction of the City Engineer. The City

Date: December 20, 2022
Subject: ADOPT A RESOLUTION APPROVING THE PROJECT PLANS AND SPECIFICATIONS

FOR THE HIDDENBROOKE ENTRY PARKWAY LANDSCAPE

IMPROVEMENT/REHABILITATION PROJECTS AND AUTHORIZING THE CITY

MANAGER TO AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $2,070,056 TO MCGUIRE AND HESTER IN ACCORDANCE WITH THE APPROVED

PLANS AND SPECIFICATIONS AND FINDING THE PROJECT EXEMPT FROM THE

REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15304(b)

Page 2 ends

advertised the project on September 14, 2022, on the City's website and on the City's web hosting plan room, PlanetBids. At the same time, the Notice to Contractors was also sent to various bid houses in California.

On October 20, 2022, two (2) sealed bids were opened and publicly read by the City Clerk. The lowest apparent responsive and responsible bidder is McGuire and Hester of Alameda, California, with a total bid price of $2,070,056. The following bids were received:

Bid
Order
Contractor Total Base Bid Amount
1 McGuire and Hester $2,070,056.00
2 Marina Landscape, Inc. $2,117,353.50

Staff recommends awarding a construction contract to the lowest responsive and responsible bidder, McGuire and Hester of Alameda, California, in the amount of $2,070,056.00. All submitted bid requirements appear to be complete and in order, and meet all bid requirements. The contract specifies 90 working days and construction is expected to begin in February 2023.

FISCAL IMPACT
There will be no fiscal impact on the General Fund associated with the approval of this item as it is being funded through the Capital Program funds under two projects: PWL001: Hiddenbrooke Parkway Improvements Project and PW9435: Hiddenbrooke Parkway Rehabilitation Project. The project budget and estimated project expenditures are as follows:

Sources Budget
(Revenue)
Proposed
Expenditures
Fund 138 - Hiddenbrooke Community
Services District
PWL001: Hiddenbrooke Parkway
Improvements Project
This is the Hiddenbrooke Maintenance
District Fund (HMD).
$ 222,389
Fund 138 - Hiddenbrooke Community
Services District
Additional funding moved to PWL001
during the FY 2022-23 Mid-Year process
from HMD Reserves. The Mid-Year move
will be completed before the contract is
fully executed.
$ 40,000
Date: December 20, 2022
Subject: ADOPT A RESOLUTION APPROVING THE PROJECT PLANS AND SPECIFICATIONS

FOR THE HIDDENBROOKE ENTRY PARKWAY LANDSCAPE

IMPROVEMENT/REHABILITATION PROJECTS AND AUTHORIZING THE CITY

MANAGER TO AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $2,070,056 TO MCGUIRE AND HESTER IN ACCORDANCE WITH THE APPROVED

PLANS AND SPECIFICATIONS AND FINDING THE PROJECT EXEMPT FROM THE

REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15304(b)

Page 3 ends

Fund 201
PW9435: Hiddenbrooke Parkway
Rehabilitation Project
These funds were originally a bond
under Fund 348 for Hiddenbrooke.
$2,347,413

Pre-Construction Work (Design,
Environmental, Staff Review)
($ 160,760)
Construction Contract ($2,070,056)
Construction Contingency (15%) ($ 305,986)
Construction Management & Inspection ($ 70,000)
Other ($ 3,000)

TOTAL $2,609,802 ($2,609,802)

ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15304(b), which exempts minor alterations to land for new landscaping.

ATTACHMENTS

1. PWL001 and PW9435 RESO AWARD_CAO Stamp

2. Hiddenbrooke Landscape Construction Contract-CAO-3

CONTACT
Melissa Tigbao, Public Works Director (707) 648-4433
[email protected]

RESOLUTION NO. 22- N.C.

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

PROJECT PLANS AND SPECIFICATIONS FOR THE HIDDENBROOKE ENTRY PARKWAY

LANDSCAPING IMPROVEMENT PROJECT AND AUTHORIZING THE CITY MANAGER TO AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $2,070,056 TO MCGUIRE

AND HESTER OF ALAMEDA, CALIFORNIA, IN ACCORDANCE WITH THE APPROVED

PLANS AND SPECIFICATIONS AND FINDING THE PROJECT EXEMPT FROM THE

REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO CEQA GUIDELINES SECTION 15304(b)

WHEREAS, those certain Drawings and Specifications for the Hiddenbrooke Entry Parkway Landscape Improvement / Rehabilitation Projects – PWL001 and PW9435 (“Project”), prepared under the direction of the City Engineer of the City of Vallejo (“Drawings and Specifications”), located in the City of Vallejo, County of Solano, California have been presented to City Council; and

WHEREAS, the City advertised the project on September 14, 2022, and publicly opened bids on October 20, 2022, and received two (2) bids; and

WHEREAS, McGuire and Hester, a California Corporation, submitted the apparent lowest responsive and responsible bid in the amount of $2,070,056; and

WHEREAS, there is adequate funding to award the Contract.

NOW THEREFORE BE IT RESOLVED that the Drawings and Specifications for the Project are hereby approved; and

BE IT FURTHER RESOLVED that the Project is found to be exempt from CEQA pursuant to CEQA Guidelines section 15304 (Minor Alterations to Land), subsection (b), because it consists of new landscaping, including the replacement of existing conventional landscaping with water efficient or fire resistant landscaping; and

BE IT FURTHER RESOLVED that an invitation for bids was duly advertised, and

BE IT FURTHER RESOLVED that McGuire and Hester, a California corporation, of Alameda, California, was determined to be the lowest responsive and responsible bidder and its bid is hereby accepted and a contract in the amount of $2,070,056 is awarded to said low bidder at the prices bid; and

BE IT FURTHER RESOLVED that all other bids to-wit:

Marina Landscape, Inc., $2,117,353.50

are hereby deemed rejected, upon the full execution of the contract documents by the successful bidder, with notice of rejection to be given thereupon by the City Clerk.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to sign the Construction Contract between the City of Vallejo and McGuire and Hester of Alameda, California, with any modifications recommended by the City Attorney and the City Clerk to attest the signing of that Contract; and

BE IT FURTHER RESOLVED that the City Manager, or his designee is hereby authorized to execute future Contract Change Orders not to exceed the remaining appropriated project budget.

Adopted by the City Council of the City of Vallejo at a regular meeting held on December 20, 2022 with the following vote:

AYES:

NOES:

ABSENT:

ROBERT H. McCONNELL, MAYOR

ATTEST:

DAWN G. ABRAHAMSON, CITY CLERK

CITY OF VALLEJO

DEPARTMENT OF PUBLIC WORKS

ENGINEERING DIVISION

CONSTRUCTION CONTRACT
FOR

HIDDENBROOKE ENTRY PARKWAY LANDSCAPE IMPROVEMENTS/REHABILITATION (PWL001 & PW9435)

THIS CONSTRUCTION CONTRACT (“Contract”) made and concluded in duplicate this _____ day of December 2022, at Vallejo, California, by and between the City of Vallejo, a municipal corporation of the State of California, acting by and through its City Council, hereinafter called City, and McGuire and Hester, Inc. a California corporation, hereinafter called CONTRACTOR.

WITNESSETH:

WHEREAS, the City Council of said City heretofore caused drawings and Specifications for the work hereinafter mentioned to be prepared, and thereafter did approve and adopt said drawings and Specifications; and,

WHEREAS, the City Council of said City did cause to be noticed for the time and in the manner required by law a notice inviting sealed bids for the performance of said work; and,

WHEREAS, Contractor, in response to such notice, submitted to the City Council of said City within the time specified in said notice, and in the manner provided for therein, a sealed bid for the performance of the work specified in said drawings and Specifications, which said bid and proposal, and the other bids and proposals submitted in response to said notice, the City Council of City, by and through its authorized representatives, publicly opened and canvassed in the manner provided by law; and,

WHEREAS, Contractor was the lowest responsible Bidder for the performance of said work, and said City Council of City, as a result of the canvass of said bids, did determine and declare Contractor to be the lowest responsible Bidder for the work and award to it a contract therefore.

NOW, THEREFORE, in consideration of the above, it is mutually agreed between the parties hereto as follows, to wit:

1. SCOPE OF WORK

The work to be done includes: clearing, grubbing, demolition, irrigation, landscaping, median curb, and sign monument modification, and all incidental work associated with the various items of work complete in place as shown on the drawings and specified in the Special Provisions and Specifications. The work is located along Hiddenbrooke Parkway between McGary Road and Bennington Drive.

The Contractor shall provide all labor, tools, and materials for a complete and working project in conformance with the intent shown on the drawings and specified herein and as provided for and set forth in the Contract Documents which hereby referred to by such reference, incorporated herein, and made a part of this Contract.

The following documents shall constitute the Contract Documents:

(a) Notice to Contractors dated 9/8/2022 (part of Specifications for Hiddenbrooke Pkwy landscape Improvements)
(b) Instructions to Bidders (part of Specifications for Hiddenbrooke Pkwy landscape improvements);
(c) This Contract and its exhibits, consisting of Exhibit A (bid items for Hiddenbrooke Pkwy landscape improvements by the contractor McGuire and Hester); (d) Drawings (Hiddenbrooke Entry Parkway Landscape Improvements dated 6-22-2022); (e) Specifications and Special Provisions (Hiddenbrooke Pkwy landscape improvements); (f) Approved Change Orders;
(g) Standard Specifications of the State of California, Business and Transportation Agency, Department of Transportation, 2010 edition, Sections 10 through 95, all as modified herein;
(h) City of Vallejo Regulations and Standard Specifications for Public Improvements, December 2011 edition;
(i) Vallejo Sanitation & Flood Control District Master Bid Document, dated March 2007; (j) Any other documents identified as such in the Contract Documents.

2. TERMS AND CONDITIONS

This Contract consists of the Contract Documents and Contractor and City agree to comply with and fulfill all obligations, promises, covenants and conditions imposed upon each of them in the Contract Documents. All of said work done under this Contract shall be performed to the satisfaction of the City Council, or its representative, who shall have the right to reject any and all materials and supplies furnished by Contractor which do not strictly comply with said Contract Documents, together with the right to require Contractor to replace any and all work furnished by Contractor which shall not either in workmanship or material be in strict accordance with the Contract Documents.

Contractor agrees to receive and accept the prices set forth in the Contract as full compensation for furnishing all materials and for doing all the work contemplated and embraced in

this Contract, also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements or from any foreseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description, connected with the work; also for all discontinuance of work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Contract Documents.

By my signature as Contractor, I certify that I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.

Pursuant to section 1700, and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the Office of the City Clerk, City of Vallejo, City Hall, 555 Santa Clara Street, Vallejo, California CA.

Those copies shall be made available to any interested party upon request. The Contractor shall forfeit, as penalty to the City, Fifty Dollars ($50.00) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for any work done under the contract by it or by any subcontractor under it, in violation of the provisions of such Labor Code.

City shall pay Contractor the sums set forth on Exhibit A, hereto, in accordance with all of the terms and conditions of the Contract Documents.

The Contractor shall be permitted to substitute designated securities for any moneys withheld by the City of Vallejo to insure performance under the Contract. This right of substitution shall be exercised in the manner and subject to the conditions specified in the Contract Documents. The provisions of Public Contract Code section 22300 are incorporated herein by reference as though set forth in full, and shall govern the substitution of securities and/or escrow account.

The person signing this Contract for Contractor hereby represents and warrants that he/she is fully authorized to sign this Contract on behalf of Contractor.

[SIGNATURES ON FOLLOWING PAGE]

IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and affixed their seal the day and year first above written.

CITY OF VALLEJO,
a municipal corporation
CONTRACTOR:

By: By:

Mike Malone, City Manager (Signature of Authorized Agent)

Attest: Print Name:

By: Print Title:

Dawn Abrahamson, City Clerk

Approved as to Content:

By: (City Seal)
Melissa L. Tigbao, Public Works Director

Approved as to Form:

By: (Corporate Seal)
Veronica A.F. Nebb

Approved as to Insurance:

By:

Armond Sarkis, Risk Manager

EXHIBIT A

ACTION ITEM 9.B.

DATE: December 20, 2022
TO: Mayor and Members of the City Council
FROM: Jason Ta, Interim Police Chief
Drew Ramsey, Police Captain
Naveed Ashraf, Chief Innovation Officer & IT Director
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO A NO- COST, "BETA TEST" CONTRACT WITH FLOCK AUDITORY GUNSHOT DETECTION (RAVEN) TECHNOLOGY DEPLOYMENT

RECOMMENDATION
The Police Chief is recommending the Vallejo City Council adopt a resolution accepting an offer by Flock Safety to "beta Test" 80-100 gunshot auditory detection devices throughout Vallejo areas adversely impacted by gun violence.

REASONS FOR RECOMMENDATION
Gunshot Auditory detection systems are used to improve community safety through their ability to detect and pinpoint the location of public firearm discharge incidents, allowing for the quick and precise deployment of emergency responders. Gun violence is a public health crisis in the City of Vallejo and across the country.

Deploying proven technology that will improve response times, provide real-time intelligence, increase efficiency and effectiveness of emergency response is paramount to public safety and saving lives. This recommendation supports the council’s priority and commitment to increasing public safety.

BACKGROUND AND DISCUSSION
Gunshot auditory detection devices use multiple acoustic sensors that detect the distinctive sound of gunfire noise and activate an alert when gunfire activity occurs, which enables emergency responders to be sent to the precise location of firearm discharge incidents. The auditory detection devices instantly notify officers of shootings that have just occurred, or are in progress, with real-time data delivered to the dispatch center and to the mobile computers installed in the patrol fleet. Instant alerts make it possible for police officers to provide life-saving aid to victims, locate and collect evidence, and quickly arrest armed, dangerous offenders. The auditory devices actionable intelligence is also used to prevent future crimes by positioning officers in areas where illegal gunfire is documented to have occurred with regularity. The Flock Safety company currently contracts with the City of Vallejo to provide Automated License Plater Readers and CCTV cameras throughout the City. The auditory detection devices will be integrated and paired with the Flock Safety ALPR and CCTV technology as part of the Smart City initiative. This technology will help our city in its efforts to reduce gun violence and save lives.

The flock gunshot detection technology also known as "Raven" was presented to the Surveillance Advisory Board (SAB) on June 9th, 2022 at a special meeting. The Flock personnel presented in detail the gunshot technology to the Surveillance Advisory Board. The board deliberated, debated and posed several questions to the staff and the flock personnel. On June 29th, 2022, SAB meeting the flock personnel again presented and answered several questions from the board. After a thorough discussion, the board leaned towards not recommending the technology. At their meeting on July 13, 2022, the Surveillance Advisory Board worked on creating a resolution. Resolution 002-2022 was adopted at the Surveillance Advisory Board's meeting on September 6, 2022. The signed resolution is attached.

Date: December 20, 2022
Subject: ADOPT A RESOLUTION AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO A NO-COST, "BETA TEST" CONTRACT WITH FLOCK AUDITORY GUNSHOT

DETECTION (RAVEN) TECHNOLOGY DEPLOYMENT

Page 2 ends

On October 25, 2022, city staff presented SAB resolution number 002-2022 to the City Council informing them of the result. The City Staff also informed the City Council that the Police Chief intends not to accept the recommendation of the SAB and will seek City Council's approval in deploying the beta gunshot detection technology from Flock. Council recommended that this item be brought before them before the term of the current Council expires.

On November 17, 2022, the Surveillance Advisory Board met and crafted a statement that would be read at this meeting.The statement to be read at this Council meeting is as follows:

BEGIN STATEMENT
Hard metrics definition
The technology is beta and flock has not released detailed metrics on the false positive and false negative rates. False positives for this system are detection of a gunshot when there was not a gunshot. False negatives for this system are not detecting a gunshot when there is a gunshot. The metric that was given was a soft metric. It was that the system could differentiate between a gun firing a bullet and firing a blank. This is not indicative of the nuance of Machine Learning. Machine learning frequently fails to miss large differences between things while catching small differences. Google's image recognition is a public example of this. It initially recognized the differences between siblings and failed to distinguish black people from gorillas. Lastly, other similar technologies we can look at failed to work and have largely been removed for this reason.

We do not have a defined understanding of what success or failure means in the context of the beta period or a baseline to measure success or failure. The city has not put forth in the policy or elsewhere in any of our meetings a false positive and false negative rate that would be considered a minimum standard. There is no measure the city has employed specifically to determine the success or failure of that system.

The Board felt that this particular technology would place additional demands on on-duty staff, in terms of training officers and on the additional calls for service and additional responsibilities for dispatchers. It may cause officers to have to respond unnecessarily, since they would be called on to the scene every time a hit happens. It adds additional burden on already strained Vallejo PD staff. The current proposed policy has PD response as Priority 1 without understanding the success of the system, which could likely result in wasted officer time. With a clear definition of success the department could structure a policy to escalate from priority 2 to priority 1 in order to not waste additional resources.

This technology would lead officers to scenes in which they are expecting a live shooter or prepared for a live shooter, and in which the residents on the scene are not expecting the police to show up, which could lead to escalations and use of force. VPD will be responding with heightened threat on every single one of these calls.

The city's policy for the gunshot detection system requires an officer to review the audio recording and confirm that the system's detection was accurate (ie. not a false positive). As a result, there is not a need to retain the audio recording past 24 hours. The policy states they will be retained for a month. There is no need for the audio recording once confirmed by an officer and if the recording contains people speaking it could present a legal risk to the city. For this reason, other cities and states have required limiting storage of the recordings to as little as a few minutes.

Date: December 20, 2022
Subject: ADOPT A RESOLUTION AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO A NO-COST, "BETA TEST" CONTRACT WITH FLOCK AUDITORY GUNSHOT

DETECTION (RAVEN) TECHNOLOGY DEPLOYMENT

Page 3 ends

END STATEMENT

FISCAL IMPACT
There is no fiscal impact on deploying this technology. Flock will be providing equipment, cost of installation, and training for this beta technology.

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

ATTACHMENTS

1. Quality of Life Cases

2. Shooting Victim Summary

3. Raven City Council Deck

4. Raven Council Deck Part 2

5. SAB-09-06-2022-ITEM-9A-RESO-GUNSHOT

6. Gun Shot Detection SAB Statement

7. CC-Gunshot Detection RESO CAO Stamp

CONTACT
Jason Ta, Interim Police Chief (707) 648-5200
[email protected]

Crime Analysis Unit
Vallejo Police Department
111 Amador Street
Vallejo, CA 94590
(707) 648-4321

VALLEJO POLICE DEPARTMENT

DETECTIVE DIVISION
111 AMADOR STREET
VALLEJO, CA 94590
(707) 648-4524
July 21, 2021

LAW ENFORCEMENT USE ONLY

Shootings and Quality of Life Cases:

Two Year Overview

Top 5 Shooting Areas Amount
CA-29 -- Fairgrounds Dr 98
750 Sereno (Sereno Village Apts.) 51
River Park -- Sacramento & Indiana 47
Sonoma & Kentucky -- 400 Broadway 46
201 Maine St (Marina Vista Apts.) 46
Shootings: July 2019 – July 2021

Crime Analysis Unit
Vallejo Police Department
111 Amador Street
Vallejo, CA 94590
(707) 648-4321

VALLEJO POLICE DEPARTMENT

DETECTIVE DIVISION
111 AMADOR STREET
VALLEJO, CA 94590
(707) 648-4524
July 21, 2021

LAW ENFORCEMENT USE ONLY

Shootings and Quality of Life Cases:

Two Year Overview

Top 5 Drug/HS Areas Amount
Super 8 Motel 51
750 Sereno (Sereno Village Apts.) 41
Sonoma & Kentucky - 400 Broadway 40
709 Lincoln Rd W 40
Seven Flags Car Wash 38
Drug and HS Cases: July 2019 – July 2021

Crime Analysis Unit
Vallejo Police Department
111 Amador Street
Vallejo, CA 94590
(707) 648-4321

VALLEJO POLICE DEPARTMENT

DETECTIVE DIVISION
111 AMADOR STREET
VALLEJO, CA 94590
(707) 648-4524
July 21, 2021

LAW ENFORCEMENT USE ONLY

Shootings and Quality of Life Cases:

Two Year Overview

Top 5 Areas of Disorderly Conduct Cases Amount
Sonoma Bl/Tennessee St 38
750 Sereno (Sereno Village Apts.) 32
Sonoma Bl/Kentucky St 29
Super 8 Motel 27
CA-29 - Fairgrounds Dr 27
Top 5 Areas of Prostitution Incidents Amount
MARIN ST/KENTUCKY ST 24
FLORIDA ST/MARIN ST 22
KENTUCKY ST/MARIN ST 19
MARIN ST/FLORIDA ST 18
FLORIDA ST/SONOMA BL 15
647 PC Prostitution & Disorderly Conduct: July 2019 – July 2021 Prostitution Cases and Incidents
Over 200 calls for service in this area alone
Prostitution Cases and Incidents

Crime Analysis Unit
Vallejo Police Department
111 Amador Street
Vallejo, CA 94590
(707) 648-4321

VALLEJO POLICE DEPARTMENT

DETECTIVE DIVISION
111 AMADOR STREET
VALLEJO, CA 94590
(707) 648-4524
July 21, 2021

LAW ENFORCEMENT USE ONLY

Shootings and Quality of Life Cases:

Two Year Overview

Top 5 Areas for Sideshow/Reckless Driving Amount
109 PLAZA DR 13
COLUMBUS PKY/LAKE HERMAN RD 9
SONOMA BL/LEMON ST 8
5TH ST/LEMON ST 7
705 SONOMA BL 5
Sideshow / Reckless Driving Activity: July 2019 – July 2021

Crime Analysis Unit
Vallejo Police Department
111 Amador Street
Vallejo, CA 94590
(707) 648-4321

VALLEJO POLICE DEPARTMENT

DETECTIVE DIVISION
111 AMADOR STREET
VALLEJO, CA 94590
(707) 648-4524
July 21, 2021

LAW ENFORCEMENT USE ONLY

Shootings and Quality of Life Cases:

Two Year Overview

Top 5 Area of Auto Burgs Amount
980 ADMIRAL CALLAGHAN LN 56
250 FAIRGROUNDS DR 53
1000 FAIRGROUNDS DR 52
720 ADMIRAL CALLAGHAN LN 45
3495 SONOMA BL 39
Auto Burglary Cases: July 2019 – July 2021
Vallejo Police Department
Shooting Victim Data 2020
Source:

Vallejo Police Departments Records Management System
Prepared by:

Vallejo Police Department Crime Analysis Unit
1 2
3 4
5 6
7 8
0 50
100
108
23 71
19 58
98 82
95 Shootings by Beat
Created:

February 9, 2021
Homicide Shoot @ Inhabited Dwellin.. Shoot @ Person Shoot @ Uninhabited Dwe.. Shoot Negligent Manner Q1
Q2
Q3
Q4
Q1
Q2
Q3
Q4
Q1
Q2
Q3
Q4
Q1
Q2
Q3
Q4
Q1
Q2
Q3
Q4
0 50
100
4 9
8 5
28 30
19 19
21 40
47 43
18 18
37 7
12 63
86 40
Shootings Total
(554 Total Victims)
Asian
Black
Filipino
Hispanic
Paciﬁc Islander
Unknown
W hite
Other
0 100
200
196
109
129
12 82
14 6
6 Shootings Victims by Race
F
M
U
0 100
200
300
169
282
103
Shootings Victims by Sex
AGE
0 - 17
18 - 29
30 - 39
40 - 49
50 +
Unknown
124
118
117
14 92
89 Shootings Victims by Age
Please note that the Uniform Crime Reporting (UCR) does not count victims; only incidents are counted. Example: Three people are shot by one perpetrator.

UCR will only count this as one shooting. This data sheet looks at the Victim demographics, so the total number of shootings in this document will be higher than the UCR count.

Leverage the future of policing, now

Our Mission
Eliminate crime
1000+
Agency relationships
across the U.S.
150
Hot List alerts on
average per hour
2000+
Cities with
private cameras
60%
Reduction in crime in
six months*
195%
Police customer
retention rate
30%+
More accurate reads vs.
other ALPRs**
*Global Newswire Press Release with Cobb County Police Department **Study completed by the Los Angeles County Sheriff’s Department

When you get Flock
you get:
objective, real-time and investigative leads
● Vehicle details and a license plate
● Indiscriminate evidence from fixed
locations
● No people, no facial recognition, no traffic
enforcement
Plate
TX LGS2639
Make
Toyota
Color
Gray
Last Visit
3:15 PM EDT
Seen
3 OF 30 DAYS
Protecting Privacy with our Falcon ALPR Camera
Ethics-Driven Innovation
● Footage owned by Agency/City and will
never by sold or shared by Flock
● 30 day data retention, then deleted
● Short retention period ensures that all
data not associated with a crime is
automatically deleted & unrecoverable
● Takes human bias out of crime-solving by
detecting objective data, and detecting
events that are objectively illegal (ex.

Stolen vehicles)

● All data is stored securely in the AWS
Government Cloud
● Search reason is required for audit trail
● NOT facial recognition software
● NOT used for Immigration Enforcement
● NOT used for traffic enforcement
● End to End Encryption of all Data
● NO PII is contained in Flock
● Not connected to registration data or 3rd
party databases (Carfax, DMV)
● Transparency Portal
Transparency + Insights
Measure ROI and promote the ethical use
of public safety technology
Transparency Portal
● Customizable for each agency
● Display technology policies
● Publish usage metrics
● Share downloadable Search audits
Insights Dashboard
● Measure crime patterns and ROI
● Audit Search history
Examples
● Click here for Morgan Hill PD
● Click here for Vallejo PD
Public Safety in America
the current reality
Nationwide staffing shortages
US News May 2021
Violent crime is on the rise
AJC July 2021
Trust is needed more than ever
national call for objective policing
Source: https://www.forbes.com/sites/jemimamcevoy/2020/08/13/at-least-13-cities-are-defunding-their-police-departments/#6841ed8929e3 Source: https://www.nytimes.com/2020/07/06/upshot/murders-rising-crime-coronavirus.html Law Enforcement
What we observe:
the current reality
● Police headcount is on the
decline
● Violent crime is on the rise
● Trust is needed more than
ever
What we believe:
the opportunity
● Technology multiples the force
● Capture and distribute
objective leads to the right user
● Engage community to support
and grow
Flock Safety Raven™
Audio Detection Device
● Triangulates using distributed devices
● Focus on Gunshots, Glass Breaking,
Street Racing, Collisions
● Reduces overall system cost by +66%
● Pairs with Flock Falcons to go from
shots fired to suspect vehicle

Same privacy focus with every product
Ethics-Driven Innovation
● Detects specific audio events, nothing else
○ Gunshots
○ Glass Breaking (future)
○ Street Racing / Sideshows (future)
○ Car Crashes / Burglary (future)
● Doesn’t detect people or voices
● Saves short 5 second audio clips of the Event
● Collects data only when a triggering event is
detected
● Data stored 30 days, then deleted
● Data is owned by the City/Agency, and will not
be accessed by Flock

How is Raven
different than legacy
shot detection?
Investigations don’t stop at shell casings
• Falcon + Raven gets from a shot
fired to a suspect vehicle instantly
• Humans cannot edit the results
• Humans required to double verify
results prior to investigation
What is this tech? What ISN’T this
tech?
● Detects and alerts Police to
specific audio events (not voice
activated)
● Enables law enforcement to
respond quickly to potentially
serious situation
● Stores very short clips, just of
the event
● Pairs with license plate evidence
● NOT detecting people or voices
● NOT tied to PII
● NOT storing long audio clips
Questions?
Leverage the future of policing, now

Recap
• Vallejo PD has been solving crime with
Flock Safety ALPR cameras for ~2 years
• Vallejo has adopted all of Flock’s privacy and
ethics policies
• Flock’s Audio Detection devices pair with our
ALPR cameras and help solve gun violence
crimes - FREE for Vallejo
• Flock has incorporated all of our Ethics
Solution to this new product.

Concerns from
Last Meeting
• Accuracy: If Raven identifies a gunshot
and sends an alert to the PD, 97% of the
time alert is accurate.
• Efficacy: Flock is pioneering the pairing of
Audio Detection and ALPR
• Very strict usage policy
• Transparency commitment
Questions?
RESOLUTION NO. ___002-2022_____

A RESOLUTION OF THE CITY OF VALLEJO SURVEILLANCE ADVISORY BOARD

RECOMMENDING AGAINST DEPLOYMENT OF THE FLOCK GUNSHOT DETECTION SYSTEM

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

NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

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

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

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

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

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

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

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

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

___________________________________

NAOMI YUN, CHAIR

ATTEST:

___________________________________

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

Hard metrics definition
a. The technology is beta and flock has not released detailed metrics on the false positive and false negative rates. False positives for this system are detection of a gunshot when there was not a gunshot. False negatives for this system are not detecting a gunshot when there was a gunshot. The metric that was given was a soft metric, it was that the system can differentiate between a gun firing a bullet and firing a blank. This is not indicative of the nuance of Machine Learning. Machine learning frequently fails to miss large differences between things while catching small differences. Google's image recognition is a public example of this. It initially recognized the differences between siblings and failed to distinguish black people from gorillas. Lastly, other similar technologies we can look at failed to work and have largely been removed for this reason.
b. We do not have a defined understanding what success or failure means in the context of the beta period or a baseline to measure success or failure. The city has not put forth in the policy or elsewhere in any of our meetings a false positive and false negative rate that would be considered a minimum standard. There is no measure the city has employed specifically to determine the success or failure of that system.

We have no other cities to compare to, because the cities currently piloting the technology do not yet have data that can be made available. The one example that was provided was Flint, Michigan, and the information for that city wouldn’t be provided for at least 18 months, which would mean we would need to make the decision about whether to continue with the technology before seeing other cities’ information. c. The Board felt that this particular technology would place additional demands on on- duty staff, in terms of training officers and on the additional calls for service and additional responsibilities on dispatchers. It may cause officers to have to respond unnecessarily, since they would be called on to the scene every time a hit happens. It adds additional burden on already strained VPD staff. The current proposed policy has PD response as Priority 1 without understanding the success of the system, which could likely result in wasted officer time. With a clear definition of success the department could structure a policy to escalate from priority 2 to priority 1 in order to not waste additional resources.
d. This technology would lead officers to scenes in which they are expecting a live shooter or prepared for a live shooter, and in which the residents on the scene are not expecting the police to show up, which could lead to escalations and use of force. VPD will be responding with heightened threat on every single one of these calls. e. The city's policy for the gunshot detection system requires an officer to review the audio recording and confirm that the system's detection was accurate (ie. not a false positive).

As a result there is not a need to retain the audio recording past 24 hours. The policy states they will be retained for a month. There is no need for the audio recording once confirmed by an officer and if the recording contains people speaking it could present a legal risk to the city. For this reason other cities and states have required limiting storage of the recordings to as little as a few minutes.

Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AUTHORIZING THE CHIEF OF POLICE TO SIGN A “BETA TEST” AGREEMENT WITH FLOCK SAFETY TECHNOLOGY FOR THE INSTALLATION OF 80-100

GUNSHOT AUDITORY DETECTION DEVICES THROUGHOUT VALLEJO AREAS

ADVERSELY IMPACTED BY GUN VIOLENCE
WHEREAS, gun violence is a public health crisis in the City of Vallejo and across the country; and
WHEREAS, gunshot detection systems are used to improve community safety through its ability to detect and pinpoint the location of public firearm discharging incidents and allowing police officers to respond quickly to these incidents; and WHEREAS, the proposed “beta test” gunshot detection technology RAVEN is an advanced AI (artificial intelligence) technology being introduced by Flock Safety Technology company to detect firearm discharge incidents and alert nearby patrolling officers; and WHEREAS, the RAVEN gunshot detection technology is tied with ALPR (automated license plate readers) currently in use by the City of Vallejo; and WHEREAS, there is no cost to deploy this “beta technology” and the City is not under obligation to purchase the technology in the future; and WHEREAS, on June 9 th, 2022, and June 29 th, 2022, the SAB (Surveillance Advisory Board) deliberated and thoroughly reviewed the proposed “beta” gunshot detection technology; and WHEREAS, on July 13, 2022, the SAB (Surveillance Advisory Board) created a resolution to not recommend the technology for deployment. On September 6, 2022, a SAB resolution 002-2022 was adopted recommending against the use of beta RAVEN gunshot detection technology; and WHEREAS, the Chief of Police disagrees with the SAB’s recommendation; and WHEREAS, the Chief of Police believes it is in the best interest of the City of Vallejo to take advantage of the free beta test of the RAVEN system to help address continued gun violence in the City; and
WHEREAS, the Chief of Police has presented his reasoning for the deployment of the RAVEN technology.

NOW THEREFORE, BE IT RESOLVED that the Police Chief is hereby authorized and directed to sign a contract with Flock Safety technology for the “beta test” RAVEN gunshot detection technology. The City Attorney is authorized to review and revise the agreement before execution.

BE IT FURTHER RESOLVED that all provisions of this Resolution are effective immediately upon adoption.

Adopted by the City Council of the City of Vallejo at a regular meeting held on December 20, 2022, with the following vote:

AYES:

NOES: None
ABSENT: None
ABSTAIN: None
ROBERT H. MCCONNELL, MAYOR
ATTEST:

DAWN G. ABRAHAMSON, CITY CLERK
ACTION ITEM 9.C.

DATE: December 20, 2022
TO: Mayor and Members of the City Council
FROM: Gillian Hayes, Assistant City Manager
SUBJECT: CONSIDER THE POSSIBLE ADOPTION OF RESOLUTIONS: (1) DECLARING A PORTION OF APNS: 0081-040-100, 0081-040-880, 0081-191-010, 0081-040-110, AND 0181-190-010 EXEMPT FROM THE PROVISIONS OF AB 1486 PURSUANT TO GOVERNMENT CODE SECTION 54234(a)(1) AND MAKING CEQA FINDINGS OF EXEMPTION RELATED THERETO; (2) APPROVING A PURCHASE AND SALE AGREEMENT FOR THOSE PORTIONS OF APNS 0081‐040‐100, 0081‐040‐880, 0081‐040‐110, 0181‐190‐010, AND 0081‐191‐010 DECLARED EXEMPT, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME AFTER MAKING CEQA FINDINGS OF EXEMPTION RELATED THERETO; AND (3) APPROVING A LEASE FOR

THE SAME PROPERTIES AFTER MAKING CEQA FINDINGS OF EXEMPTION RELATED

THERETO

RECOMMENDATION
Adopt Resolutions: (1) Declaring a Portion of Apns: 0081-040-100, 0081-040-880, 0081-191-010, 0081-040- 110, And 0181-190-010 exempt from the provisions of AB 1486 pursuant to Government Code Section 54234(A)(1) and making CEQA findings of exemption related thereto; (2) Approving A Purchase And Sale Agreement For 655 Columbous Parkway (A Portion Of Apns 0081‐040‐100, 0081‐040‐880, 0081‐040‐110, 0181‐190‐010, And 0081‐191‐010), And Authorize The City Manager To Execute Same After Making CEQA Findings Of Exemption Related Thereto; And (3) Approving A Lease For The Same Properties After Making CEQA Findings Of Exemption Related Thereto

REASONS FOR RECOMMENDATION
Sale of the subject property will allow for potential redevelopment of the Golf Course site. If the proposed future project is approved, it will generate new revenue opportunities, upgrade the existing public golf course and its amenities, and provide additional housing for the community.

BACKGROUND AND DISCUSSION
Background
The City is the record owner of approximately two-hundred sixty (260) acres of real property commonly known as 655 Columbus Parkway and further described in Exhibit A of the proposed Purchase and Sale Agreement to Blue Rock Springs, LLC (Attachment 1). The Blue Rock Springs Golf Course (Golf Course) currently has two 18-hole courses of roughly similar size, with Columbus Parkway separating the two. Municipal golf courses have been losing money as a general trend across the country as golf activity has been declining. On May 23, 2017, staff presented a memorandum to the City Council detailing the Golf Course's declining revenues and the need for General Fund subsidies due to a cumulative operating deficit of $4.6 million between 2011 through 2017. At that time, staff recommended a Request for Proposals to redevelop the site to assist in a search for a revenue-positive project at the site. While the City saw an increase in golf revenues during COVID, they have declined once again and are trending to continue to decline. Redevelopment of the site would upgrade the course and provide a new Clubhouse for events which would likely generate new revenues.

Date: December 20, 2022
Subject: CONSIDER THE POSSIBLE ADOPTION OF RESOLUTIONS: (1) DECLARING A PORTION OF APNS: 0081-040-100, 0081-040-880, 0081-191-010, 0081-040-110, AND 0181- 190-010 EXEMPT FROM THE PROVISIONS OF AB 1486 PURSUANT TO GOVERNMENT CODE SECTION 54234(a)(1) AND MAKING CEQA FINDINGS OF EXEMPTION RELATED THERETO; (2) APPROVING A PURCHASE AND SALE AGREEMENT FOR THOSE PORTIONS OF APNS 0081‐040‐100, 0081‐040‐880, 0081‐040‐110, 0181‐190‐010, AND 0081‐191‐010 DECLARED EXEMPT, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME AFTER MAKING CEQA FINDINGS OF EXEMPTION RELATED THERETO; AND (3) APPROVING A LEASE

FOR THE SAME PROPERTIES AFTER MAKING CEQA FINDINGS OF EXEMPTION

RELATED THERETO

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The City Council identified three goals for the property:

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

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

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

City staff issued a Request for Qualifications (RFQ) in August 2017 and received nine responses. Of those, the Greg Norman Company’s original project concept was the only one that met the three City goals for the project. In March 2018, the City Council authorized City staff to negotiate an Exclusive Right to Negotiate Agreement (ERNA) with the Greg Norman Company to lead the project, which the City Council approved on June 26, 2018. In November 2019, the Greg Norman Company formed a new joint venture with The Lewis Group, an experienced California developer who was also one of the nine respondents to the City’s RFQ. The ERNA was assigned (under a process already established within the ERNA) to the new joint venture between the Greg Norman Company and The Lewis Group – Blue Rock Springs, LLC (the Developer).

The Developer deposited a $150,000 negotiation fee and cost reimbursement deposit, completed its geotechnical studies and Phase I environmental assessment, and submitted a Conceptual Map and proposed project description. Additionally, the Developer has held three community meetings to share information with the public and residents (October 24, 2018; February 5, 2019; and May 23, 2019).

Revenues from the Golf Course have improved during the COVID pandemic but are now beginning to slowly decline again. Remaining challenges include: increased operating costs including water, deferred capital improvements, lack of adequate capital funding, and uncertainty about future golf trends, adding to the City's operational risks for the Golf Course. Additional funding is still needed to bring the golf course into a competitive position and ensure its longer term success.

Syar Industries Request for Development Setback
Since August 2018, Syar, the former operator of the adjacent quarry, requested that there be no housing development on the eastern side of Columbus Parkway. Syar filed a legal claim against the City and submitted an Initiative proposing that all General Plan land use changes from Open Space designated lands would require a vote of the people, which would potentially impact the potential project.

Although Syar was not entitled to any rights or control of City-owned property, the Developer and City Date: December 20, 2022
Subject: CONSIDER THE POSSIBLE ADOPTION OF RESOLUTIONS: (1) DECLARING A PORTION OF APNS: 0081-040-100, 0081-040-880, 0081-191-010, 0081-040-110, AND 0181- 190-010 EXEMPT FROM THE PROVISIONS OF AB 1486 PURSUANT TO GOVERNMENT CODE SECTION 54234(a)(1) AND MAKING CEQA FINDINGS OF EXEMPTION RELATED THERETO; (2) APPROVING A PURCHASE AND SALE AGREEMENT FOR THOSE PORTIONS OF APNS 0081‐040‐100, 0081‐040‐880, 0081‐040‐110, 0181‐190‐010, AND 0081‐191‐010 DECLARED EXEMPT, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME AFTER MAKING CEQA FINDINGS OF EXEMPTION RELATED THERETO; AND (3) APPROVING A LEASE

FOR THE SAME PROPERTIES AFTER MAKING CEQA FINDINGS OF EXEMPTION

RELATED THERETO

Page 3 ends

negotiated a mutually acceptable resolution to the legal claim and proposed initiative that enables the development to advance. The related Settlement Agreement was reviewed and approved by the City Council on July 12, 2022. This proposed Purchase and Sale Agreement (PSA) is consistent with the approved Settlement Agreement. Since the Settlement Agreement was executed, Syar Industries was acquired by Vulcan Materials, who assumes the commitments in the Settlement Agreement made with Syar.

Negotiation Summary and Sale Parameters
City staff and the Developer negotiated the terms for the proposed Purchase and Sale Agreement (PSA) with Council direction. On October 13, 2022, the ERNA for the revitalization of the Golf Course and Housing Project was extended through the Eighth Amendment executed by the City Manager in order to provide additional 70 days for the parties to finalize negotiations and complete a PSA before year-end. The terms included in the PSA for Council consideration are as follows:

1. Upfront fair market value land payment based on an appraisal to be approved by the Developer and the City (this will be set by the appraisal due December 20, 2022);

2. The City will continue operation of the 18-hole golf course on the west side of Columbus Parkway and attendant facilities through a lease back during the design, approval and redevelopment of the site;

3. The City will receive additional land value consideration after the Developer's receipt of entitlements and potentially after improved lots are sold by the Developer;

4. City and Developer will enter into a Participation Agreement detailing the rate of return and future payments to the City (no later than 90 days prior to submittal of development applications);

5. City and Developer will enter into a Reimbursement Agreement (60 days after closing),

6. City and Developer will enter into a Performance Agreement to ensure tight timelines for entitlement approval and construction of the potential project (120 days after closing),

7. City and Developer will enter into a Golf Course Lease agreement (Attachment 5 attached heretoto to ensure no interruption of golf activities during the entitlement process);

8. The City will retain the right of rescission in the event the Developer fails to secure entitlements within the specified time frame identified in the Performance Agreement, upon failure of execution of the Participation, Performance or Reimbursement Agreements between the City and the Developer.

9. The City continues to retain the rights for selection of the golf course operator and controls golf course and clubhouse design authority and construction approvals.

Surplus Lands Exemption
Since the proposed project was included in an Exclusive Negotiating Agreement continuously since 2018, the City has notified the California Department of Housing and Community Development (HCD) to request its confirmation that the project is exempt from the Surplus Land Act. On December 8, 2022, staff received final HCD approval of this proposed transfer as exempt.

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME AFTER MAKING CEQA FINDINGS OF EXEMPTION RELATED THERETO; AND (3) APPROVING A LEASE

FOR THE SAME PROPERTIES AFTER MAKING CEQA FINDINGS OF EXEMPTION

RELATED THERETO

Page 4 ends

Next Steps
If the City Council approves the sale of the subject property, staff will work on the closing items and the necessary agreements outlined above. Staff will bring the Participation Agreement and the Performance Agreement back for City Council consideration prior to project entitlement submittal. Once the cost sharing and timeline are approved by the City Council, the Developer will submit entitlement applications and California Environmental Quality Act (CEQA) analysis for the project will be completed. The project and associated CEQA document will again return to the Planning Commission and City Council for final project entitlement approvals before construction commences.

FISCAL IMPACT
Proceeds from the sale of the property will be reinvested into the redevelopment of the golf course, clubhouse and associated golf uses. At this time, there are no project plans or estimates on the overall cost of redevelopment of the golf site, so a precise fiscal impact cannot be identified. When an updated appraisal is completed and after entitlements have been received and a conceptual golf redevelopment plan has been approved, estimates of the redevelopment costs will be available. Proceeds from the sale will offset that expense.

ENVIRONMENTAL REVIEW
This Purchase and Sale Agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15312 relating to sales of surplus government property. The lease is also exempt from CEQA pursuant to Guidelines Section 15301, which consists of the operation and leasing of existing facilities involving negligible or no expansion of existing or former use. Upon future submittal of development proposals, staff will return with a proposed project description and related CEQA analysis.

ATTACHMENTS

1. Blue Rock -Reso-SLA_Exemption_12_20_2022_CAO Stamp

2. Resolution Approving Purchase and Sale Agreement for Blue Rock Springs_CAO Stamp

3. Resolution Approving Lease for Blue Rock Springs_CAO Stamp

4. FINAL PSA BR 12.13.22 GH

5. Land Lease Gross - Blue Rock 2022.12.13 RJR

CONTACT
Date: December 20, 2022
Subject: CONSIDER THE POSSIBLE ADOPTION OF RESOLUTIONS: (1) DECLARING A PORTION OF APNS: 0081-040-100, 0081-040-880, 0081-191-010, 0081-040-110, AND 0181- 190-010 EXEMPT FROM THE PROVISIONS OF AB 1486 PURSUANT TO GOVERNMENT CODE SECTION 54234(a)(1) AND MAKING CEQA FINDINGS OF EXEMPTION RELATED THERETO; (2) APPROVING A PURCHASE AND SALE AGREEMENT FOR THOSE PORTIONS OF APNS 0081‐040‐100, 0081‐040‐880, 0081‐040‐110, 0181‐190‐010, AND 0081‐191‐010 DECLARED EXEMPT, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME AFTER MAKING CEQA FINDINGS OF EXEMPTION RELATED THERETO; AND (3) APPROVING A LEASE

FOR THE SAME PROPERTIES AFTER MAKING CEQA FINDINGS OF EXEMPTION

RELATED THERETO

Page 5 ends

Gillian Hayes, Assistant City Manager
(707) 648-4163: [email protected]
1 RESOLUTION NO. 22-_________

RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF VALLEJO DECLARING PORTIONS OF APNS 0081-040-100, 0081-040-110, 0081-040-880, 0081-191-010, AND 0181- 190-010 AS SURPLUS LAND EXEMPT FROM THE PROVISIONS OF AB 1486 PURSUANT TO GOVERNMENT CODE SECTION 54234(a)(1) AND MAKING CEQA

FINDINGS OF EXEMPTION RELATING THERETO
WHEREAS, the City is the fee owner of land identified as APNs 0081-040-100; and 0081-040- 110; and 0081-040-880; and 0081-191-010; and 0181-190-010; (the “City-Owned Property”); and WHEREAS, City and Developer entered into an Exclusive Right to Negotiate Agreement dated July 3, 2018 with the Greg Norman Golf Course Design Company, LLC, predecessor in interest to Blue Rock Springs, LLC (“Developer”). Said agreement was amended most recently by the 8 th Amended and Restated Exclusive Negotiating Agreement dated October 14, 2022 (as so amended and restated, the “ERN), providing, among other things, for City and Developer to negotiate terms for Developer’s acquisition of a portion of the City-Owned Property; and WHEREAS, during the last several months, City staff and the Developer negotiated the terms of the Purchase and Sale Agreement on which the City will sell and Blue Rock Springs, LLC will purchase a portion of the City Property which consists of a portion of each of Solano County Assessor’s Parcel No. (“APN”) 0081-040-100, 0081-040-110, 0081-040-880, 0181-190-010, and 0081-191-010 including: (1) all rights, easements and appurtenances belonging or appurtenant thereto; and (2) all existing improvements located thereon, as more fully described in Exhibit A-1 through A-3 thereto and incorporated herein by this reference (“Subject Property”); and WHEREAS, the Surplus Land Act, as amended by AB 1486 (Ting), Government Code Section 54220 et seq. (“Act”) requires public entities to provide a notice of availability and offer public land to, specific entities as set forth in the Act; and WHEREAS, Section 54234(a)(1) of the Act provides an exemption from the notice of availability requirements of AB 1486. More specifically, Government Code Section 54234(a)(1) states; If a local agency, as of September 30, 2019, has entered into an exclusive negotiating agreement or legally binding agreement to dispose of property, the provisions of this article as it existed on December 31, 2019, shall apply, without regard to the changes made to this article by the act adding this section, to the disposition of the property to the party that had entered into

2 such agreement or its successors or assigns, provided the disposition is completed not later than December 31, 2022.

WHEREAS, the ERN was entered into prior to September 30, 2019 and contemplates a disposition of the Subject Property prior to December 31, 2022 in conformance with Government Code Section 54234(a)(1), thus exempting the Subject Property from the specific noticing requirements of AB1486.

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

1. The foregoing recitals are true and correct and incorporated herein by this reference as if set forth in full.

2. Designation of the Subject Property as surplus is exempt from the requirements of the California Environmental Quality Act (Public Resources Act Section 21000 et seq.) (“CEQA”) pursuant to CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Section 15000 et seq.) Section 15312, “Surplus Government Property Sales.”

3. The City Council hereby finds and declares that the Subject Property is no longer necessary for the City’s use and is therefore surplus land as defined in Gov. Code section 54221.

4. The City Council further hereby finds and declares that disposition of the Subject Property is exempt from the noticing requirements of the AB 1486 amendments to the Act pursuant to Government Code section 54234(a)(1). The City makes this declaration on the basis that the ERN was entered into prior to September 30, 2019, and that conveyance of the Subject Property is contemplated to occur before December 31, 2022.

5. The City Council hereby directs City staff, in compliance with the California Department of Housing and Community Development’s Surplus Land Act Guidelines, to provide a copy of this Resolution and of the ERN to HCD and, upon disposition of the Subject Property, to notify HCD that the Subject Property has been disposed of prior to the deadline set forth in Section 54234(a)(1).

ADOPTED, by the City Council of the City of Vallejo at a regular meeting held on December 20, 2022, with the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
3 ROBERT H. MCCONNELL, MAYOR
ATTEST ____________________________________

DAWN ABRAHAMSON, CITY CLERK
RESOLUTION NO. 22-_______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING A PURCHASE AND SALE AGREEMENT FOR 655 COLUMBUS PARKWAY: PARTIAL APNS 0081-040-100, 0081-040-110, 0081-040-880, 0181-190-010, and 0081-191-010 (“SUBJECT PROPERTY”) AFTER FINDING THE ACTION EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15312 AND AUTHORIZING THE CITY MANAGER TO

EXECUTE ALL DOCUMENTS NECESSARY TO CONSUMMATE THE

TRANSACTION
WHEREAS, the City of Vallejo (“City”) is the record owner of that certain real property commonly known as 655 Columbus Parkway, Vallejo, California (“City Property”), which is currently improved with two (2) eighteen- (18-) hole golf courses, clubhouse and associated improvements that are currently managed by Touchstone Golf, LLC, a Delaware limited liability company (“Touchstone”), pursuant to an agreement with City; and
WHEREAS, on or about August 8, 2017, City issued a Request for Qualifications (“RFQ”) for the “Revitalization of Two 18-Hole Golf Courses and 225 Acres at Blue Rock Springs Municipal Golf Course through a Public-Private Partnership, Management, Lease or Other Agreement.” The RFQ identified three goals for any revitalization project: (1) renovate and restore the municipal golf course in a manner that allows for it to operate as an affordable public course but independent of subsidies from City; (2) fund the development of a new or renovated multi-use clubhouse and associated facilities serving both the golf course and the local community; and (3) preserve or improve the existing aesthetics, quality, property values, environment and views of the surrounding neighborhoods; and
WHEREAS, Blue Rock Springs, LLC’s predecessor-in-interest, Greg Norman Golf Course Design Company, LLC (“Norman”) responded to the RFQ with a proposal that included a sale of a portion of the City Property; and
WHEREAS, City subsequently entered into Exclusive Right to Negotiate Agreement with Norman regarding the Subject Property, dated July 3, 2018 (“ERN”). Norman subsequently assigned the ERN to Blue Rock Springs, LLC; and WHEREAS, the ERN was amended on eight (8) occasions between December 26, 2018 and October 20, 2022 and will expire on December 29, 2022; and WHEREAS, during the last several months, City staff and the Developer negotiated the terms of the Purchase and Sale Agreement on which the City will sell and Blue Rock Springs, LLC will purchase a portion of the City Property which consists of a portion of

each of Solano County Assessor’s Parcel Nos. (“APNs”) 0081-040-100, 0081-040-110, 0081-040-880, 0181-190-010, and 0081-191-010 including: (1) all rights, easements and appurtenances belonging or appurtenant thereto; and (2) all existing improvements located thereon, as more fully described in Exhibit A-1 through A-3 to this Agreement and incorporated herein by this reference (“Subject Property”); and WHEREAS, the City desires to sell the Subject Property to meet the three afore- mentioned Council goals for the site and to generate new revenue opportunities, upgrade the existing public golf course, and provide additional housing for the community.

NOW THEREFORE, BE IT RESOLVED that the City Manager is hereby authorized and directed to execute the aforesaid Purchase and Sale Agreement of the Subject Property, attached hereto as Exhibit A, on the terms set forth therein.

PASSED AND ADOPTED by the City Council of the City of Vallejo at a regular meeting thereof held on December 20, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Robert H. McConnell
Sampayan
ATTEST:

Dawn Abrahamson, City Clerk

RESOLUTION NO. 22-_______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE OF 655 COLUMBUS PARKWAY:

PARTIAL APNS 0081-040-100, 0081-040-110, 0081-040-880, 0181-190-010, AND 0081-191-010 AFTER FINDING THE ACTION EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301
WHEREAS, the City of Vallejo (“City”) is the record owner of that certain real property commonly known as 655 Columbus Parkway, Vallejo, California (“City Property”), which is currently improved with two (2) eighteen- (18-) hole golf courses, clubhouse and associated improvements that are currently managed by Touchstone Golf, LLC, a Delaware limited liability company (“Touchstone”), pursuant to an agreement with City; and
WHEREAS, the City desires to sell the Subject Property to meet the Council goals for the site and to generate new revenue opportunities, upgrade the existing public golf course, and provide additional housing for the community; and
WHEREAS, during the last several months, City staff and the Developer negotiated the terms of the Purchase and Sale Agreement on which the City will sell and Blue Rock Springs, LLC will purchase a portion of the City Property which consists of a portion of each of Solano County Assessor’s Parcel No. (“APN”) 0081-040-100, 0081-040-110, 0081-040-880, 0181-190-010, and 0081-191-010 including: (1) all rights, easements and appurtenances belonging or appurtenant thereto; and (2) all existing improvements located thereon, as more fully described in Exhibit A-1 through A-3 to this Agreement and incorporated herein by this reference (“Subject Property”); and WHEREAS, at its December 20, 2022 regular meeting, the City Council authorized the sale of a portion of the City Property located at 655 Columbus Parkway in Vallejo, California, Assessor’s Parcel Nos. 0081-040-100, 0081-040-110, 0081-040-880, 0181- 190-010, and 0081-191-010 (“Subject Property”) to Blue Rock Springs, LLC; and WHEREAS, the City desires to continue to operate the Blue Rock Springs Golf Course during the time the developer, Blue Rock Springs, LLC seeks its entitlements for the site; and
WHEREAS, the terms of the lease include the payment of annual rent in the amount of $1.00 on a year-to-year term for golf course operations and associated uses, with termination upon approval of developer’s entitlements or, in the event such entitlements are disapproved, the lease terminates and the Subject Property reverts back to City ownership.

NOW THEREFORE, BE IT RESOLVED that the City Manager is hereby authorized and directed to execute a Lease of the Subject Property, attached hereto as Exhibit A, on the terms set forth therein.

PASSED AND ADOPTED by the City Council of the City of Vallejo at a regular meeting thereof held on December 20, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Robert H. McConnell
Sampayan
ATTEST:

Dawn Abrahamson, City Clerk

PURCHASE AND SALE AGREEMENT AND JOINT ESCROW

INSTRUCTIONS BY AND BETWEEN

THE CITY OF VALLEJO,

A MUNICIPAL CORPORATION

AND

BLUE ROCK SPRINGS, LLC,

A DELAWARE LIMITED LIABILITY COMPANY

December 20, 2022

Page 1 ends

PURCHASE AND SALE AGREEMENT AND

JOINT ESCROW INSTRUCTIONS

This Purchase and Sale Agreement and Joint Escrow Instructions (“Agreement”) is made and entered by and between The City of Vallejo, a municipal corporation (“City”) and Blue Rock Springs, LLC, a Delaware limited liability company, or its assignee (“ BRS”) (each a “ Party,” and collectively, “Parties”), dated for reference purposes as of December 20, 2022. City and BRS do mutually agree as follows:

RECITALS

This Agreement is made with reference to the following facts, which the Parties agree are true and accurate:

A. City is the record owner of that certain real property commonly known as 655 Columbus Parkway, Vallejo, California (“ City Property ”), which is currently improved with two (2) eighteen- (18-) hole golf courses, clubhouse and associated improvements that are currently managed by Touchstone Golf, LLC, a Delaware limited liability company (“Touchstone”), pursuant to an agreement with City. The City Property is more fully described on Exhibit A to this Agreement, which is incorporated herein by this reference.

B. On or about August 8, 2017, City issued a Request for Qualifications (“RFQ”) for the “Revitalization of Two 18 -Hole Golf Courses and 225 Acres at Blue Rock Springs Municipal Golf Course through a Public -Private Partnership, Management, Lease or Other Agreement.” The RFQ identified three goals for any revitalization project: (1) renovate and restore the municipal golf course in a manner that allows for it to operate as an affordable public course but independent of subsidies from City; (2) fund the development of a new or renovated multi -use clubhouse and associated facilities serving both the golf course and the local community; and (3) preserve or improve the existing aesthetics, quality, property values, environment and views of the surrounding neighborhoods.

C. BRS’s predecessor-in-interest, Greg Norman Golf Course Design Company, LLC, a Florida limited liability company (“Norman”), responded to the RFQ with a proposal that included a sale of a portion of the City Property.

D. City subsequently entered into Exclusive Right to Negotiate Agreement with Norman regarding the Subject Property, dated July 3, 2018 (“ERN”). Norman subsequently assigned the ERN to BRS.

E. The Parties intend that BRS will acquire a portion of the City Property on the terms established by this Agreement, and that after closing, BRS will submit all applications necessary for the redevelopment of the City Property (“BRS Applications”).

F. The ERN was amended on eight (8) occasions between December 26, 2018 and October 20, 2022, in response to communications that Syar Industries, Inc., a California corporation (“Syar”) made to the City, and which resulted in City’s receipt of a formal complaint letter on or about June 2, 2020 (“Syar Complaint”).

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Vallejo City CouncilDecember 20, 2022

Vallejo City Council
December 20, 2022