Vallejo City Council
April 25, 2023

  
  
   
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CONSENT CALENDAR 8.J.

DATE: April 25, 2023
TO: Mayor and Members of the City Council
FROM: Michael Malone, City Manager
SUBJECT: AUTHORIZE THE MAYOR TO SIGN A LETTER EXPRESSING THE CITY OF VALLEJO'S

SUPPORT FOR THE VALLEJO CITY UNIFIED SCHOOL DISTRICT'S STRATEGIC PLAN

RECOMMENDATION
Authorize the Mayor to sign a letter on behalf of the City of Vallejo, expressing the City’s support for the Vallejo City Unified School District’s Strategic Plan for the years 2022-2027.

REASONS FOR RECOMMENDATION
The Vallejo City Council voted Youth as a multi-year priority to invest in services, resources, and programming to improve youth outcomes. The Strategic Plan outlines the Vallejo City Unified School District (VCUSD) and the City of Vallejo’s combined hopes for the success of Vallejo’s youth and our dedication to helping youth become conscious and contributing members of society. This responsibility and commitment is furthered by the creation of the Youth Coordinator position within the City Manager’s office and the 2x2 Committee consisting of two VCUSD Trustees and two City Council members to increase lines of communication, collaboration and opportunities for Vallejo youth. The VCUSD Strategic Plan for the years 2022-2027 creates a critical roadmap for supporting all student’s learning in the City of Vallejo.

BACKGROUND AND DISCUSSION
The Vallejo City Unified School District’s (VCUSD) daily mission is to meet or exceed goals in the area of equity, excellence, educational effectiveness and economic sustainability. VCUSD educates nearly 10,000 students in transitional kindergarten to grade 12 and adult education. VCUSD offers high-quality education and opportunities to the diverse population of students within the City of Vallejo. The City of Vallejo acknowledges the close partnerships with VCUSD that our city requires to adequately serve our youth and families social, emotional, educational, and basic needs.

The VCUSD Strategic Plan was driven by community input, developed by community leaders, and focused on actionable goals that could be achieved in three years. VCUSD built existing practices to collect information from its annual Local Control Accountability Plan (LCAP) to help inform the strategic planning process.

Listening conversations were held with the Board of Education to understand and capture their historical perspectives and lived experiences. A Strategic Planning Action Committee (SPAC), which included diverse backgrounds, experiences, and perspectives of students, families, staff, and community members met and analyzed multiple data sources and had panel discussions which revealed a more nuanced picture of the District. Additionally, organizational performance indicators provided quantitative measures to inform the evaluation process to ensure the strategic plan maximized opportunities to achieve the District’s vision.

The Vallejo City Unified School District Board of Education adopted the strategic plan in August 2022, with four focus areas. The approved plan also includes an updated vision, mission, and core beliefs and values.

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

Date: April 25, 2023
Subject: AUTHORIZE THE MAYOR TO SIGN A LETTER EXPRESSING THE CITY OF

VALLEJO'S SUPPORT FOR THE VALLEJO CITY UNIFIED SCHOOL DISTRICT'S

STRATEGIC PLAN

ENVIRONMENTAL REVIEW
No impact.

ATTACHMENTS

1. VCUSD Strategic Plan

2. VCUSD Strategic Plan Support Letter

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

STRATEGIC PLAN
2022-2027

LETTER FROM LEADERSHIP
Vallejo community and partners,
When I was hired to become the superintendent of the Vallejo City Unified School District (VCUSD) in 2020, the Board of Education made it clear that they wanted to create a strategic plan. Developing a strategic plan allows our community to see where we want to go and map our future trajectory.

In the Vallejo City Unified School District, our strategic plan unifies the organization’s efforts around our shared mission and vision, and guiding improvement efforts. The strategic plan establishes priorities for the use of resources, strengthens operations, enhances organizational coherence, and provides clarity and focus on our desired future. The plan will also ensure that our community understands the work we need to achieve our goals and provide a framework that helps us attract, retain and support an excellent, diverse workforce of staff who work on behalf of our students and families.

We heard from many of our stakeholders, including students, parents, guardians, community members, and staff, while we collected information for our strategic plan. Four themes emerged from our conversations, and these became the pillars of our plan for the next three to five years–equitable opportunities, equitable outcomes, safe and supportive learning environments, vibrant culture of teaching and learning, and community-centered education.

We have learned that the world can change at any moment. Our plan allows flexibility to adapt to changing priorities while sustaining momentum. The strategic plan was developed to ensure that making progress is a priority for everyone. It will provide the systems that will lead to the improvement of our District and hold all of us accountable for the outcomes we seek to achieve.

We believe that excellence in education is a significant value that will strengthen the City of Vallejo.

Together, we help create tomorrow’s citizens with the community’s help through public education.

Sincerely,
William Spalding
Superintendent
Vallejo City Unified School District
Ralph A. Gross
Board of Education President
Vallejo City Unified School District
In the fall of 2021, the Vallejo City Unified School District Board of Education requested that the District engage in a strategic planning process to provide focus and direction to the efforts to improve VCUSD. They asked that the plan be driven by community input, developed by community leaders, and focused on actionable goals that can be achieved in three years.

The District built existing practices to collect information from its annual Local Control Accountability Plan (LCAP) to help inform the strategic planning process. Because this is the first strategic plan VCUSD has had in recent memory, some foundational and story gathering was necessary. We began with listening conversations with the Board of Trustees to understand and capture their historical perspectives and lived experiences.

STRATEGIC PLANNING ACTION COMMITTEE
The strategic planning process began by recruiting a Strategic Planning Action Committee (SPAC), which included diverse backgrounds, experiences, and perspectives. The group consisted of students, families, staff, and community members.

The SPAC met virtually four times in 2021 and 2022 and analyzed multiple data sources. The team also had panel discussions which revealed a more nuanced picture of the District. Additionally, organizational performance indicators provided quantitative measures to inform the evaluation process was used to ensure our strategic plan maximized opportunities to achieve the District’s vision.

THE ADOPTED PLAN
The strategic plan was adopted by the Vallejo City Unified School District Board of Education in August 2022, with four focus areas. The approved plan also includes an updated vision, mission, and core beliefs and values.

IMPLEMENTING THE PLAN
The 2022-23 school year’s focus will be operationalizing the strategic plan. Implementation of the plan will be supported by cabinet, district leadership, and design teams. This team’s work will be reported regularly.

DEVELOPING A PLAN

FOR THE FUTURE

OUR VISION
To be the schools that are the pride
of the community, the envy of the
region, and the launch pad of bright
and amazing futures and productive
and fulfilling lives for all our
Vallejo students.

OUR MISSION
To meet our students and families where
they are and to provide a high-quality,
rich educational experience that seeks
to elevate each student’s potential
and connect to each student’s passion
providing a strong foundation for a
productive and fulfilling future on the
pathway of their choice.

That the crippling effects of systemic racism, discrimination, and marginalization have negatively impacted our students, our families, and our community.

WE STAND FOR universal respect, full inclusion and full equity in our schools and practices.

That every child is gifted and every child is a gift, and that every student is worthy and capable of learning and achieving in a rigorous, world-class learning environment.

WE STAND FOR the highest standards and expected efforts from all students, teachers, and staff.

That schools are the center of community life and community aspirations, and that schools are established in service to the community and its families.

WE STAND FOR community-responsive, community-centered, and community-enhancing schooling and service for the city of Vallejo.

That the conditions of learning and allocation of resources must reflect the values and aspirations we hold, the imperatives of student learning and support, and the sustainability of our efforts on behalf of our students.

WE STAND FOR quality and excellence in our learning environments and responsible and accountable stewardship of our resources.

That the world of the future will demand thoughtful, inquisitive, learned, engaged, literate, eloquent, compassionate, courageous, and creative citizens and contributors to an ever-changing society.

WE STAND FOR a well-rounded, inquiry-based, culturally-responsive, and intellectually-rigorous course of study delivered by expert educators dedicated to developing these traits and caring for their students.

That our people—students, teachers, staff, and leaders—are our greatest resource.

WE STAND FOR developing and equipping our people to be the best they can be for our students.

WE BELIEVE:

WE ARE VALLEJO’S SCHOOLS

CORE BELIEFS AND VALUES
All students will learn in a safe, inclusive, and equitable environment that validates, respects, and honors their unique backgrounds, interests, and identities.

PILLAR 1

EQUITABLE OPPORTUNITIES,

EQUITABLE OUTCOMES
• All students have what they need, when they need it
• Interventions are proactive, not reactive
• Individualized plans and support for all students
• Parent engagement that is early, transparent, and collaborative • Allocation of resources to those who need the support while em- powering those delivering the support
PILLAR 2

SAFE AND SUPPORTIVE

LEARNING ENVIRONMENTS
• Physical and emotional safety for all students
• Recognizing the value of each child and family
• Qualified teachers who reflect the diversity
of our students
• Resources to provide additional support for students; creating support for parents
• Building relationships between and among students and teachers which will lead in engaging environments
PILLAR 3

VIBRANT CUL TURE

OF TEACHING AND

LEARNING
• Teachers being able to adapt to
different learning styles
• Educating teachers—training
and mindset—in order to deliver
responsive instruction
• Ensuring each child has access to
relevant academic experiences
• Providing student voice and choice
at all possible moments
• Learning is relevant to real-world
problems
PILLAR 4
COMMUNITY–

CENTERED EDUCATION
• Our schools are rooted in the community
• Cultural competency of staff in addressing
student and parent needs
• The school is a resource for student
learning and family education, growth,
and development. The whole learning
community is celebrated and impacts the
larger community around them.
• Schools being seen more as centers of
the community, not appearing so closed
off to the public

PORTRAIT OF A VCUSD GRADUATE
Through the strategic plan process, Vallejo
City Unified School District will complete
a thorough process that involves cross-
stakeholder groups to determine the
“Portrait of a VCUSD Graduate. ” The portrait
will tell an authentic story about what our
graduates know and can do when they leave
us and we are piloting how that shows up in
teaching and learning.
• Students have the skills necessary for the next
level whether that be trade school, community
college, university, or service.
• Our students are not in classrooms where the
disease of limited expectations is a part of
their experiences—it should not be what the
instructor thinks the child can not do.
• Our students are being prepared with the skills
they need for life beyond school—financial
literacy, understanding about careers, etc.
• Having a clear, unifying goal that we are all
working toward.
vcusd.org
@vcusd
@vcusd1
@vcusd
Office of the Mayor ∙ Robert H. McConnell ∙ 555 Santa Clara St., Second Floor ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4377 April 25, 2023
Vallejo Unified School District
665 Walnut Avenue
Vallejo, CA 94592
Re: Vallejo City Unified School District’s Strategic Plan for 2022-2027 Dear Superintendent Spalding and the Vallejo City Unified School District Board of Trustees, On behalf of the City of Vallejo, I am writing this letter to share our support of the Vallejo City Unified School District’s (VCUSD) Strategic Plan for the years 2022-2027.

The City of Vallejo values out youth and acknowledges the close partnership with VCUSD that our city requires to adequately serve our youth and families social, emotional, educational, and basic needs. VCUSD plays a crucial role in the educational development and enrichment of Vallejo’s youth. VCUSD serves nearly 10,000 students from transitional kindergarten to adult education with childcare centers/preschools, elementary/ K-8 schools, middle school, high schools, and an adult school.

The City of Vallejo supports the core beliefs and values of VCUSD in which all students must learn in a safe, inclusive, and equitable environment that validates, respects, and honors their unique backgrounds, interests, and ideas.

The VCUSD Strategic Plan was created through an equitable process that involved students, families, staff, and community members from across Vallejo. This plan outlines 4 key pillars that our community stands behind:

Pillar 1: Equitable Opportunities, Equitable Outcomes
Pillar 2: Safe and Support Learning Environments
Pillar 3: Vibrant Culture of Teaching and Learning
Pillar 4: Community Centered Education
These pillars support the mission of VCUSD to meet students where they are to provide a high-quality, rich educational experience that seeks to elevate each student’s potential and SCCAP

connect to each students’ passion providing a strong foundation for a productive and fulfilling future on the pathway of their choice.

The Vallejo City Council voted Youth as a multi-year priority in 2022 to invest in services, resources, and programming. The Strategic Plan outlines VCUSD and the City of Vallejo’s combined hoes for the success of Vallejo’s youth and our dedication to helping them become conscious and contributing members of society. This commitment is furthered by the creation of the Youth Coordinator position within the City Manager’s office and the 2x2 Committee consisting of tw0 VCUSD Trustees and two Vallejo City Council Members to increase lines of communication, collaboration and opportunities for all Vallejo youth.

This letter of support confirms the City of Vallejo’s commitment to the mission, vision, and key pillars of the VCUSD Strategic Plan and the success of all youth within the City of Vallejo.

Sincerely,
Robert H. McConnell,
Mayor, City of Vallejo
CONSENT CALENDAR 8.K.

DATE: April 25, 2023
TO: Mayor and Members of the City Council
FROM: Terrance Davis, Assistant City Manager
Jason Ackley, Assistant to the City Manager
SUBJECT: ADOPT RESOLUTION APPROVING THE FIFTH AMENDMENT TO CONSULTANT AND

PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND AKIN GUMP STRAUS HAUER & FELD, INCREASING THE NOT-TO-EXCEED BY $130,000, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

RECOMMENDATION
Adopt a resolution approving the Fifth Amendment to the Consultant and Professional Services Agreement with Akin Gump Straus Hauer & Feld (“Akin Gump”) for legislative affairs services, increasing the not-to- exceed amount by $130,000 and authorizing the City Manager to execute same.

REASONS FOR RECOMMENDATION
Approval of the Fifth Amendment provides continuity for legislative support and advocacy efforts. Akin Gump provides the City with professional services in support of the City's legislative and grant funding priorities. This includes the services necessary for the completion of the City's 2023 legislative platform, continued advocacy with elected Federal and State officials, and support related to the Infrastructure Investment and Jobs Act legislation.

BACKGROUND AND DISCUSSION
Akin Gump has been contracted to provide legislative support to the City of Vallejo since April of 2020.

Additionally, Akin Gump has provided similar support to the Solano Transportation Authority (STA) and related entities such as the City of Vallejo pursuant to a separate contract since 2007. As a member of the Joint Powers Authority, the City of Vallejo is a party to the professional services agreement with Akin Gump and utilizes the firm's services via the cooperative STA agreement to establish and advocate for legislative priorities for the City of Vallejo related to transportation and transit infrastructure.

In April 2020, the City Manager entered into a separate Consultant and Professional Agreement with Akin Gump to expand legislative support to include the City's economic development, water, housing, and public safety legislative priorities. The original contract was for a 6-month term, with two, one-year options to extend, and an original not to exceed the amount of $60,000.

To date, four amendments have been executed. On October 1, 2020, the City issued the First Amendment to the contract, extending the term three months, and increasing the not-to-exceed amount from $60,000 to $90,000. The second amendment extended the term from December 2020 to December 2021 and increased the not-to-exceed by $120,000. The third amendment increased the not-to-exceed amount from $210,000 to $330,000 and extended the term to December 31, 2022. The fourth amendment extended the contract term by one year to end on December 31, 2023.

A fifth amendment is needed to increase the not-to-exceed amount by $130,000 from $330,000 to $460,000 to cover potential work through the remainder of the agreement and provide the City with adequate legislative support needed to advocate for City legislative priorities and navigate funding related to the Infrastructure

Date: April 25, 2023
Subject: ADOPT RESOLUTION APPROVING THE FIFTH AMENDMENT TO CONSULTANT AND

PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND AKIN GUMP STRAUS HAUER & FELD, INCREASING THE NOT-TO-EXCEED BY $130,000, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAME

Investment and Jobs Act.

FISCAL IMPACT
The approval of this item would add an additional $130,000 to the current agreement with the vendor. This increase would be expected to cover costs for service through the remainder of the agreement, ending in December 2023.

There are sufficient appropriations in the FY 2022-23 General and Water Fund budgets to fund the services expected during this fiscal year, including this requested amendment. Funding for the services provided from July 1, 2023, through December 31, 2023, would be incorporated in the FY 2023-24 budget.

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

ATTACHMENTS

1. Fifth AMENDMENT AKIN GUMP STRAUS HAUER AND FELD

2. RESO _Akin Gump_5th Amendment(1)

CONTACT
Terrance Davis, Assistant City Manager (707) 648-4301
[email protected]

FIFTH AMENDMENT TO

AGREEMENT BETWEEN

CITY OF VALLEJO
AND

AKIN GUMP STRAUS HAUER & FELD, LLP
This Fifth Amendment to the Consultant and Professional Services Agreement dated April 1, 2020, hereafter referred to as “Agreement”, between Akin Gump Straus Hauer & Feld, a Limited Liability Partnership, therein referred to as “Consultant,” and the City of Vallejo, a municipal corporation, therein referred to as “City,” is made and entered into on this 11th day of April 2023.

Consultant and City do mutually agree as follows:

1. Payment for Services. In consideration of Consultant continuing to provide Services, Consultant shall be paid an additional amount not to exceed one hundred thirty thousand dollars and no/100 cents ($130,000.00). The maximum not to exceed amount specified in Exhibit B of the Agreement is increased by said amount and the new not to exceed amount is four hundred sixty thousand dollars and no/100 cents ($460,000.00).

Consultant agrees that the amount of increase in the not to exceed amount specified above shall constitute full compensation for Services, and shall fully compensate Consultant for any and all direct and indirect costs that may be incurred by Consultant in connection with the provided Services, including costs associated with any changes and/or delays in work schedules or in the performance of other services or work by Consultant.

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

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

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

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

6. Facsimile Signatures. This Fifth Amendment shall be binding upon the receipt of facsimile signatures; provided, however, that any person transmitting his or her signature by facsimile shall promptly send an original signature to the other party at the addresses noted below:

City: Terrance Davis, Assistant City Manager
City of Vallejo
555 Santa Clara Street
Vallejo, CA 94590
Consultant: Susan Lent, Partner
Akin Gump Straus Hauer & Feld, LLP
2001 K Street NW
Washington, DC 20006

7. Authority. The person signing this Fifth Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this Fifth Amendment on behalf of Consultant.
(SIGNATURES ARE ON THE FOLLOWING PAGE)
IN WITNESS WHEREOF, the parties have entered into this Fifth Amendment on the day and year first hereinabove appearing.

AKIN GUMP STRAUS HAUER & FELD,
a Limited Liability Partnership
BY:

SUSAN LENT
Partner
DATE:
(City Seal)

CITY OF VALLEJO,
a municipal corporation
BY:

Michael Malone
City Manager
DATE:

ATTEST:

DAWN ABRAHAMSON
City Clerk
APPROVED AS TO CONTENT:

TERRANCE DAVIS
Assistant City Manager
APPROVED AS TO FORM:

VERONICA NEBB
City Attorney
APPROVED AS TO INSURANCE:

ARMOND SARKIS
Risk Manager
RESOLUTION NO. 22-______

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

AMENDMENT TO THE CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH

AKIM GUMP STRAUS HAUER & FELD, LLP TO INCREASE THE CONTRACT AMOUNT BY $130,000 FOR A TOTAL NOT TO EXCEED $460,000 THROUGH DECEMBER 31, 2023 WHEREAS, Akin Gump Straus Hauer & Feld, LLP (Consultant) has been contracted to provide legislative support to the City of Vallejo (City) since April of 2020 to establish and advocate for legislative priorities for the City; and
WHEREAS, City has amended the 2020 agreement on four separate occasions to extend the contract term and/or to add additional compensation for services; and WHEREAS, the Fourth Amendment to the Consultant and Professional Services Agreement extended the term by one year to expire December 31, 2023, but did not increase the compensation due to Consultant; and
WHEREAS, additional funding is necessary to compensate Consultant for its continued provision of services to the City through to the expiration of the term.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the Fifth Amendment to the Consultant and Professional Services Agreement between the City of Vallejo Akin Gump Straus Hauer & Feld, LLP to increase compensation due the Consultant by ONE HUNDRED THIRTY THOUSAND DOLLARS ($130,000) for a total contract amount not to exceed FOUR HUNDRED SIXTY THOUSAND DOLLARS ($460,000) and authorizes the City Manager to execute same.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on April 25, 2023, with the following vote:

AYES:

NOES:

ABSENT:

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

DATE: April 25, 2023
TO: Mayor and Members of the City Council
FROM: Veronica Nebb, City Attorney
SUBJECT: APPROVE A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO EXECUTE AN

AGREEMENT FOR LEGAL SERVICES WITH THE LAW FIRM OF WHITE BRENNER LLP

IN SACRAMENTO, CALIFORNIA FOR LITIGATION AND ADVISORY SERVICES

RELATED TO WATER LAW AND ENVIRONMENTAL LAW

RECOMMENDATION
Adopt resolution authorizing the City Attorney to execute a fee agreement with the law firm of White Brenner in an amount not to exceed $500,000.

REASONS FOR RECOMMENDATION
White Brenner provides legal services to the City of Vallejo in water litigation and environmental matters. The firm currently represents the City in two ongoing water lawsuits involving the City of American Canyon as well as developers in American Canyon. The firm also represents the City in matters related to PCB contamination on Mare Island.

BACKGROUND AND DISCUSSION
The City of Vallejo utilizes outside counsel to provide legal services in specialized areas and to cover overflow work. Barbara Brenner at White Brenner is very experienced in representing public agencies on matters concerning water and the environment. Currently, the City is involved in two lawsuits related to the City's water rights involving the City of American Canyon and developers in that city. White Brenner also is assisting with a PCB contamination matter. Further, the City desires to utilize White Brenner on a CEQA action.

FISCAL IMPACT
This is a contract for legal services which are ongoing. Funds to pay the fees are currently allocated in the City Attorney budget.

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

ATTACHMENTS

1. White Brenner Fee Agreement 2023 Revised CAO Stamp

2. White Brenner reso CAO Stamp

CONTACT
Randy Risner, Chief Assistant City Attorney
[email protected]

{CW115447.9}
City of Vallejo
Agreement for Legal Services

Approved as to form:

By: for
Veronica Nebb, City Attorney

AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT FOR LEGAL SERVICES (“Agreement”) is made and entered into this 25th day of April 2023, by and between the City of Vallejo, a California municipal corporation (“City”), and the law firm of White Brenner LLP, a California limited liability partnership (“Firm”). City and Firm may be referred to herein individually as a “Party” or collectively as the “Parties.” There are no other parties to this Agreement.

RECITALS
A. The Parties seek to enter into this Agreement to authorize Firm to provide special counsel legal services to City.

NOW, THEREFORE, in consideration of the mutual covenants entered into between the Parties, and in consideration of the benefits that accrue to each, it is agreed as follows:

AGREEMENT
Section 1. Recitals. The recitals set forth above are incorporated herein by this reference and made part of this Agreement. In the event of any inconsistencies between the recitals and Sections 1 through 23 of this Agreement, Sections 1 through 23 will prevail.

Section 2. Special Counsel Services. City hereby retains Firm to provide the following special counsel legal service, first matter City of American Canyon v. City of Vallejo, case number 22CV000772 the second matter pursue damages against ATC Group Services, Inc. DBA Cardno ATC, Millennium Consulting Associates, and Resource Environmental, Inc. for PCB contamination, the third matter is JEPA with Solano County, the fourth is Jaeger Vineyards v. City of Vallejo, case number 22CV001149; to pursue a writ of mandate against American Canyon for various CEQA matters related to the City of Vallejo Water Department and to provide general municipal legal advice and guidance as well as general municipal litigation services on an as needed basis for various matters as determined by the City Attorney. Firm hereby agrees to perform such legal services (“Legal Services”). The City Attorney for City (“City Attorney”) is authorized and charged with executing this Agreement. Barbara A. Brenner will be the primary contact for City. Barbara A. Brenner may from time to time assign alternate attorneys employed by Firm to perform the Legal Services set forth in this Agreement but shall be primarily responsible for those services.

Section 3. Effective Date. This Agreement shall become effective and Firm shall commence performance under the terms of this Agreement on April 25, 2023 (“Effective Date”). {CW115447.9}
City of Vallejo
Agreement for Legal Services

Section 4. Integrated Agreement. This Agreement contains all of the agreements of the Parties and all previous understandings and negotiations are integrated into this Agreement.

Section 5. Amendment. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing signed by both Parties, except as otherwise stated herein.

Any non-material change to the Agreement may become effective thirty (30) days following approval of such change in writing by the City Manager and Firm and shall not require the approval of the City Council.

Section 6. Compensation and Services.

6.1. Standard of Performance. Firm shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Firm is engaged in the geographical area in which Firm practices its profession. Firm shall prepare all work product required by this Agreement in a substantial, first- class manner and shall conform to the standards of quality normally observed by a person practicing in Firm’s profession.

6.2 Time. Firm shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 6.1 of this Agreement and to satisfy Firm’s obligations hereunder.

6.3. Hourly Rate for Legal Services. The hourly rate for all legal services will be provided at the following rates:

Attorneys & Staff Hourly Rate
Partners $410.00
Of Counsels $410.00
Associates $310.00
Law Clerks $250.00
Paralegals $200.00

6.3.1. CPI Increase. The rates herein will be adjusted annually in accordance with an increase in the All Urban Consumer Price Index for the San Francisco-Oakland-Hayward Area (“CPI”), but will not be decreased in the event there is any year-to-year or cumulative decrease in the CPI during the Term (as defined below) of this Agreement. Any increase in rates herein resulting from an increase to the CPI will be rounded up to the nearest dollar. Any changes in Firm’s rates shall be based on the October CPI, released every year in November, and shall become effective on January 1st of each year, following a thirty (30) day notice to City. However, the rates set forth herein shall not be increased before January 1, 2024. Notwithstanding the foregoing, at no time shall Firm’s rates be increased more than five percent (5%) per year.

6.4. Outside Counsel. If Firm requires assistance from attorneys not associated or affiliated with Firm who specialize in a specific field, such as tax or bankruptcy, Firm will charge {CW115447.9}
City of Vallejo
Agreement for Legal Services

and City agrees to pay the billing rates for those attorneys. Firm shall obtain the consent of the City Attorney prior to engaging any attorney not affiliated or associated with Firm to provide legal services to City.

6.5. Costs, Expenses & Advances. City shall pay for costs, expenses, and advances incurred by Firm on behalf of City, and services provided by or obtained through Firm on behalf of City (“Costs & Advances”). Such Costs & Advances shall be the actual cost of the service obtained and there shall be no mark-up of the Costs by Firm. Costs & Advances include, but are not limited to: outside courier services, court runner services, court reporter services, and transportation costs. The Parties agree that City shall pay the Costs & Advances of copying and printing at a rate of twenty cents ($0.20) per page, as adjusted annually by the CPI. Automobile mileage will be calculated at the rate per mile that is provided by the Internal Revenue Service at the time the expense is incurred. All Costs & Advances shall be itemized on Firm’s monthly invoice to City and shall be due pursuant to Section 6.7 of this Agreement.

6.6. Included Services. Notwithstanding any other provision in this Agreement to the contrary, City will not be required to pay any separate or additional charge for the following:
a. Electronic legal research, secretarial services, word processing, or clerical services which are included in the hourly rates of Firm’s legal professionals; b. Charges associated with telephone or facsimile services.

6.7. Invoices and Statements.
a. Firm shall provide City with an itemized statement or invoice for fees, costs, expenses, and advances incurred on a monthly basis. All statements and invoices shall indicate the basis for all charges, including the hours worked or cost incurred, the hourly rate, and a brief description of the work performed. Firm will establish separate billing projects for specific matters and funding categories as City may direct.
b. Payments shall be made by City to Firm within thirty (30) days of receipt of any statement or invoice, except for those specific items on an invoice that are contested or questioned and are returned by City with a written explanation of the question or contest, within thirty (30) days of receipt of the statement or invoice.

6.8. Payment of Taxes. Firm is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

6.9.Authorization to Perform Services. Firm is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of written authorization from City.

Commented [A1]: We are a public agency. Sometimes
payments may lag because of staff shortages or other
issues. We don't want to be penalized for those
occurrences.
{CW115447.9}
City of Vallejo
Agreement for Legal Services

6.10 Maximum Fees Under this Agreement. Firm is not authorized to bill City more than $500,000 during the term of this Agreement without further authorization from the City Attorney.

Section 7. Term and Termination.

7.1. Term. This Agreement shall begin on the Effective Date and shall continue until terminated by City or Firm upon sixty (60) days advance written notice to the non-terminating party. Upon termination, Firm shall be entitled to and City shall immediately pay all amounts owed to Firm. City, however, may condition payment of such compensation upon Firm delivering to City copies of any or all reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, specifications, records, files, or any other documents or materials, in electronic or any other form, that Firm prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder. Originals of attorney work product shall remain the property of Firm.

7.2. Options Upon Breach of Agreement by Firm. If Firm materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
a. Immediate termination of the Agreement;
b. Retention of the plans, reports, documents, and any other work product prepared by Firm pursuant to this Agreement; or
c. Retention of a different law firm to complete any work described in Section 6 of this Agreement.
d. Any other legal remedy.

Section 8. Independent Contractor and Assignment.

8.1. Independent Contractor. Firm shall perform all Legal Services required under this Agreement as an independent contractor of City, and shall remain, at all times as to City, a wholly independent contractor with only such obligations as are required under this Agreement.

Neither City, nor any of its employees, shall have any control over the manner, mode, or means by which Firm, its agents or employees, render the Legal Services required under this Agreement, except as otherwise set forth. City shall have no voice in the selection, discharge, supervision, or control of Firm employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service.

8.2. Assignment and Subcontracting. City and Firm recognize and agree that this Agreement contemplates personal performance by Firm and is based upon a determination of Firm’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Firm. Firm may not assign this Agreement or any interest therein without the prior written approval of the City Attorney. Firm shall not subcontract any portion of {CW115447.9}
City of Vallejo
Agreement for Legal Services

the performance contemplated and provided for herein, other than to outside counsel as described in Section 6.4 of this Agreement, without prior written approval of City.

Section 9. Conflicts.

9.1. No Present Conflicts. Firm has no present or contemplated employment that is adverse to City. Firm agrees that it shall not represent clients in matters, either litigation or non- litigation, against City. However, Firm may have past and present clients or may have future clients, who, from time to time, may have interests adverse to City, and Firm reserves the right to represent such clients in matters not connected with its representation of City so long as Firm provides notice of such representation to City.

9.2. Duty to Disclose Future Conflicts. If a potential conflict of interest arises in Firm’s representation of two clients, if such conflict is only speculative or minor, Firm shall inform City and seek waivers from each client with regards to such representation. However, if real conflicts exist, Firm would withdraw from representing either client in the matter, and assist them in obtaining special counsel.

9.3. No Conflict in Violation of Government Code Section 1090. Firm may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Firm in a “conflict of interest,” as that term is defined in the rules of professional responsibility governing Firm’s profession, unless such conflict may be waived by City and City chooses to waive such conflict in writing.

Section 10. Insurance Coverage.

10.1. 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 Firm’s profession (Errors and Omission).

10.2. Minimum Limits of Insurance. Firm shall maintain limits no less than:

{CW115447.9}
City of Vallejo
Agreement for Legal Services

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 Firm is not subject to California Workers’ Compensation requirements, Firm shall file a completed certificate of exemption form which may be obtained from the City prior to commencing any activity authorized hereunder.

D. Professional Liability (Errors and Omission): $2,000,000 combined single limit per occurrence, and annual aggregate.

10.3. 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 Firm shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

10.4. 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 Firm; products and completed operations of the Firm; premises owned, occupied or used by the Firm; or automobiles owned, leased hired or borrowed by the Firm. 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 Firm'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 Firm'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.

{CW115447.9}
City of Vallejo
Agreement for Legal Services

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

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

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

10.5. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.

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

10.6. Verification of Coverage. Firm 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.

10.7. Subcontractors. Firm 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.

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

Section 11. Legal Requirements.

11.1. Governing Law. The laws of the State of California shall govern this Agreement.

11.2. Compliance with Applicable Laws. Firm and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

11.3. Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Firm and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

11.4. Licenses and Permits. Firm represents and warrants to City that Firm and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals {CW115447.9}
City of Vallejo
Agreement for Legal Services

of whatsoever nature legally required to practice their respective professions. Firm represents and warrants to City that Firm and its employees, agents, and any outside counsel shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals legally required to practice their respective professions. In addition to the foregoing, Firm and any outside counsel shall obtain and maintain during the term of this Agreement any required business licenses from City.

Section 12. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement are declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties herein.

Section 13. Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall be deemed one and the same instrument.

Section 14. Work Product.

14.1. Records Created as Part of Firm’s Performance. Firm hereby agrees to deliver copies of all reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Firm prepares or obtains pursuant to this Agreement to City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including, but not limited to, those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use.

14.2. Firm’s Books and Records. Firm shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Firm pursuant to this Agreement.

14.3 Inspection and Audit of Records. Any records or documents that Section 14.2 of this Agreement requires Firm to maintain shall be made available for inspection, audit, or copying at any time during regular business hours, upon oral or written request of City.

Section 15. Notices. Any notice or communication required hereunder between City and Firm must be in writing, and may be given either personally, by electronic mail (“email”) (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS, or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by email transmission, a notice or communication shall be deemed to have been given and received upon actual receipt of the entire document by the receiving Party’s email {CW115447.9}
City of Vallejo
Agreement for Legal Services

server. Notices transmitted by email after 5:00 p.m. on a normal business day, or on a Saturday, Sunday or holiday, shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (b) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

If to City: City of Vallejo
555 Santa Clara Street
Vallejo, California 94590
Attention: Veronica A.F. Nebb
Tel: (707) 648-4456
Email: [email protected]
If to Firm: White Brenner, LLP
1414 K Street, 3rd Floor
Sacramento, California 95814
Attention: Barbara A. Brenner, Esq.

Tel: (916) 468-0950
Fax: (916) 468-0951
Email: [email protected]

Section 16. Venue. Venue for all legal proceedings shall be in the Superior Court of California in and for the County of Solano.

Section 17. Entire Agreement. This Agreement, together with its specific references, attachments, and exhibits, constitutes all of the agreements, understandings, representations, conditions, warranties, and covenants made by and between the Parties hereto with respect to the subject matter of this Agreement. Neither Party shall be liable for any representations made, express or implied, which are not specifically set forth herein.

Section 18. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms and that all former requirements necessary or required by state or federal law in order to enter into this Agreement had been fully complied with.

Section 19. Document Preparation. This Agreement will not be construed against the Party preparing it, but will be construed as if prepared by all Parties. {CW115447.9}
City of Vallejo
Agreement for Legal Services

Section 20. Advice of Legal Counsel. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel and, based upon the advice of that counsel, freely entered into this Agreement.

Section 21. No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

Section 22. Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

SIGNATURE PAGE TO IMMEDIATELY FOLLOW
{CW115447.9}
City of Vallejo
Agreement for Legal Services

IN WITNESS WHEREOF, this Agreement has been entered into by and between City and Firm as of the date of execution by City.

CITY OF VALLEJO,
a California municipal corporation
By:___________________________________
Veronica A.F. Nebb, City Attorney
Date Signed:___________________________
Attest:

By:___________________________________
_________________________, City Clerk
Date Signed:___________________________

WHITE BRENNER LLP
a California limited liability partnership
By:___________________________________
Barbara A. Brenner, Partner
Date Signed:___________________________
Approved as to form:

By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 23-________

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

CITY ATTORNEY TO EXECUTE AN AGREEMENT FOR LEGAL SERVICES FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $500,000.00
WHEREAS, the City of Vallejo utilizes specialized outside legal services to represent it on various matters; and
WHEREAS, the law firm of White Brenner LLP is currently representing the City on a number of matters related to water rights and environmental issues; and WHEREAS, the City Attorney executed an agreement with White Brenner LLP that is within the City Attorney’s signing authority; and
WHEREAS, the City Attorney desires to continue using White Brenner LLP on water related and environmental related matters; and
WHEREAS, the continued use of White Brenner LLP will exceed the City Attorney’s signing authority without City Council approval.

NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves an Agreement for Legal Services with the law firm of White Brenner LLP in an amount not to exceed $500,000.00 and authorizes the City Attorney to execute the contract.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on April 25, 2023, with the following vote:

AYES:

NOES:

ABSENT:

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

DATE: April 25, 2023
TO: Mayor and Members of the City Council
FROM: Gillian Hayes, Assistant City Manager
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE A 60-DAY EXTENSION (WITH A POTENTIAL ADDITIONAL 60-DAY EXTENSION) TO LESSEE'S DUE DILIGENCE PERIOD PURSUANT TO SECTION 3.3 OF THE LEASE OF 285 MARE

ISLAND WAY AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15309

RECOMMENDATION
Adopt a resolution authorizing the City Manager to approve a 60-day extension to Lessee's due diligence period pursuant to Section 3.3 of the Lease for 285 Mare Island Way and finding the action exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15309.

REASONS FOR RECOMMENDATION
The extension has been requested by the Yocha Dehe Winton Nation to support its due diligence of the development project at 285 Mare Island Way and at the adjacent Waterfront History Park. This extension of the due diligence period is allowed in the executed lease by agreement of both parties. The project will stimulate economic growth and play an important role in activating the waterfront, so staff is recommending approval of this 60-day extension.

BACKGROUND AND DISCUSSION
A key goal for the City is to stimulate development in key target areas, such as, Mare Island Causeway, the area near the central waterfront and the ferry building, the downtown corridor and the southern and central waterfront sites. This lease agreement (Lease) entered into with the Yocha Dehe Wintun Nation for the waterfront property at 285 Mare Island Way helps support these goals of economic stimulation and activation of the central waterfront.

The Lease was entered into on December 20, 2022 and stipulates a 120-day period for the Lessee to perform its due diligence, which expires on April 20, 2023. Pursuant to Section 3.3 of the Lease, the Lessee is entitled to conduct studies to determine whether it is satisfied in all respects with the Premises. This includes physical (environmental) conditions, conditions of title to the premises, and its suitability for Lessee’s use and development. The Lease allows the Lessee to elect, prior to the expiration of the due diligence period, to terminate the Lease or to extend the due diligence period, up to an additional 60-day period or longer, upon the mutual agreement of the parties.

Staff has been in coordination and communication with the Lessee from the date of the Lease's execution and on April 11, 2023, staff was notified the Lessee requires more time to complete its due diligence process.

Key Provisions of the Lease
• A 35-year lease term with four 5-year extension options for a total of 55 years. • Fair market rent of approximately $114,000 per year.

Date: April 25, 2023
Subject: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE A 60-DAY EXTENSION (WITH A POTENTIAL ADDITIONAL 60-DAY EXTENSION) TO LESSEE'S DUE DILIGENCE PERIOD PURSUANT TO SECTION 3.3 OF THE LEASE OF 285 MARE

ISLAND WAY AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15309

• In return for paying Waterfront History Park design and development costs up to $10 Million, Lessee will receive rent offsets in the actual amount contributed to the park up to $10 Million over the life of the Lease.
• Park naming rights in partnership with the City. Both the City Council and the Tribal Council will hold approval authority on the overall Waterfront History Park Patwin translation name and the internal park phased area names. Signage throughout the park will contain both Patwin and English translations. • Lessor and Lessee will each provide a reciprocal use of event space for up to 6 events per year. • Lessee will maintain the premises and surrounding areas, including sidewalks and landscaping.

By approving this 60-day extension, with the possibility for an additional 60 day extension to be approved by the City Manager with notice to the City Council, the project will continue to move forward as planned. As required within the lease, entitlements will be submitted within the 1-year period. Park design will continue alongside the Tribe's proposed project design, and the public and City Council will have opportunities to engage in the progress of the project through public meetings and entitlement hearings.

FISCAL IMPACT
The fiscal impact of this action will not directly impact the General Fund. Over the long term, the City will benefit from the development of the site and will own all installed improvements at the end of the Lease term.

ENVIRONMENTAL REVIEW
This action is exempt from CEQA pursuant to CEQA Guidelines Section 15309 (Inspections) because it involves 1 Existing Facilities. The existing building is contemplated under the lease. At the time the Revised Project is submitted for entitlements, further appropriate environmental review will be conducted.

ATTACHMENTS

1. Resolution Approving Extension to Due Dilligence Period 285 Mare Island Way CAO Stamp

CONTACT
Gillian Hayes, Assistant City Manager, (707) 648-4163; [email protected] Michael Nimon, Economic Development Director, (707) 648-4109; [email protected]

RESOLUTION NO. 23-_______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AUTHORIZING THE CITY MANAGER TO EXTEND LESSEE’S DUE DILIGENCE PERIOD UNDER THE LEASE WITH THE YOCHA DEHE WINTUN NATION OF 285 MARE ISLAND

WAY AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15309
WHEREAS, the lease of 285 Mare Island Way to the Yocha Dehe Wintun Nation (Lessee) will provide economic stimulation and activation of the central waterfront; and WHEREAS, said lease stipulates a 120-day period for the Lessee to perform its due diligence, which expires on April 20, 2023; and
WHEREAS, the lease allows the Lessee to elect, prior to the expiration of the due diligence period, to terminate the lease or to extend the due diligence period, up to an additional 60-day period or longer, upon the mutual agreement of the parties; and WHEREAS, on April 11, 2023, staff was notified that the Lessee requires more time to complete its due diligence process.

NOW THEREFORE, BE IT RESOLVED that the City Manager is hereby authorized to extend Lessee’s due diligence period by an additional 60 days and further authorizes the City Manager in his discretion to extend for a second 60 day period with notice to the Council and finds said action exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15309 because it is limited entirely to inspections by the Lessee to check the quality, health, and safety of a proposed project.

PASSED AND ADOPTED by the City Council of the City of Vallejo at a regular meeting thereof held on April 25, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Robert H. McConnell
ATTEST:

Dawn Abrahamson, City Clerk
ACTION ITEM 9.B.

DATE: April 25, 2023
TO: Mayor and Members of the City Council
FROM: Terrance Davis, Assistant City Manager
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SIDE

LETTER OF AGREEMENT APPROVAL BETWEEN THE CITY OF VALLEJO AND THE

VALLEJO POLICE OFFICERS' ASSOCIATION

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a side letter of agreement to the amended 2019 Tentative Agreement between the City of Vallejo and the Vallejo Police Officers’ Association for Master Officer Program pay to become pensionable compensation.

REASONS FOR RECOMMENDATION
The approval of the proposed side letter agreement between the City and VPOA will improve VPD’s competitiveness in the labor market and demonstrate stability for employees going forward. Specifically, the Master Officer Program additional compensation will replace Longevity Pay.

BACKGROUND AND DISCUSSION
Background
On September 24, 2019, the Vallejo City Council approved a Tentative Agreement with the Vallejo Police Officer's Association (VPOA), which included provisions for a Master Officer Pay Program which was subsequently approved by the VPOA. As part of the agreement, the Master Officer Program language was agreed to between VPOA and the City. The program mandates numerous eligibility requirements be met for enrollment into the program, unlike other retention incentive programs in the past. The program provides rewards for an accomplished career and incentives for retention and lateral recruitment. Approximately 45% of the sworn members will qualify for the program under the rules and requirements and are currently receiving the program pay.

At the time the Tentative Agreement was adopted, there were outstanding questions regarding the CalPERs eligibility for pay under the Master Officer Program. As numerous incentives and specialty add-on pay are pensionable throughout the public sector, employees and the City make appropriate contributions related to specialty pay into the CalPERS pension system to be included as part of the final retirement computation at the end of the employees’ careers.

Legal Authority
The City of Vallejo is a contract agency with CalPERS, and as such, the City is bound by the rules and determinations of CalPERS regarding the eligibility of compensation types for the purposes of calculating CalPERS retirement benefits. Specifically, California Code of Regulations, Title 2, Section 571 provides a definition of special compensation, which includes Master Officer Pay as one of many types of incentive compensation eligible for CalPERS inclusion.

Discussion
Over the past year and a half, the City engaged with CalPERS to finalize language that is compliant with the requirements for the Master Officer Program pay to become a part of the CalPERS contributions. In

Date: April 25, 2023
Subject: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SIDE

LETTER OF AGREEMENT APPROVAL BETWEEN THE CITY OF VALLEJO AND

THE VALLEJO POLICE OFFICERS' ASSOCIATION

September of 2022, CalPERS approved the last of several iterations of the program language. The mandate by CalPERS for its language adoption and/or ratification by the City’s governing board is the final step in the process.

The City Council previously considered a resolution to authorize the City Manager to execute this side letter agreement on February 14, 2023, with the item failing approval by majority vote. Pursuant to Vallejo Municipal Code Section, 2.02.650, after the Council has taken action on a matter or question, a motion to reconsider that action, or to reconsider any prior action taken on a matter or question having substantially the same content or purpose of the matter already acted upon, shall not be made at any subsequent meeting for at least one calendar year from the date of such action, except by a councilmember who voted in the majority on such matter or question, or upon the written consent of majority of councilmembers filed with the City Clerk.

On April 11, 2023, Councilmember Bergenzer, who was one of the members in the majority dissenting vote against the prior resolution, moved the item for reconsideration. Councilmember Bergenzer's motion passed and the item therefore has been placed on the City Council agenda for such reconsideration.

If approved, effective November 14, 2022, the Master Officer Program additional compensation shall be reported to CalPERS as Special Compensation and will become pensionable compensation as detailed in the Side Letter of Agreement Between the City of Vallejo and the Vallejo Police Officers’ Association.

While active negotiations are underway for a successor Memorandum of Understanding (MOU) with the VPOA, no other changes have been made to this side letter agreement, which was ratified under the terms of the previous MOU.

FISCAL IMPACT
Currently, the city has 35 officers receiving Master Officer Pay. The city’s cost for PERs contribution is 21.41% which equates to an annual employer contribution of $62K for 35 officers currently enrolled in MOP. The current fiscal year budget has salary savings to cover this additional 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 the CEQA Guidelines section 15378.

ATTACHMENTS

1. SIDE LETTER OF AGREEMENT MOP signed

2. VPOA Tentative Agreement_Effective September 16, 2019 through March 31, 2022

3. VPOA TA 2019

4. VPOA Supplemental Agreement_effective May 15 2018

5. City of Vallejo VPOA Staff Report. 092419 8.D

6. 09.24.19 Vallejo City Council Regular Mtg Minutes

7. VPOA Reso Side Letter Master Officer Pay CAO Stamp

CONTACT
Terrance Davis, Assistant City Manager (707) 648-4301
[email protected]

SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF VALLEJO AND THE VALLEJO POLICE OFFICERS’ ASSOCIATION The City of Vallejo and the Vallejo Police Officers’ Association (VPOA) have met and conferred and reached agreement to amend the 2019 Tentative Agreement between the City of Vallejo and the VPOA which was agreed to serve as the basis of a Supplemental Agreement after ratification by the VPOA membership and adoption by the City Council. Master Officer Program Pursuant to Section 4(c)(5) of the 2019 Tentative Agreement, effective November 14, 2022, Master Officer Program additional compensation shall be reported to CalPERS as Special Compensation, Master Police Officer, pursuant to and in accordance with CCR section 571(a)(1) (Incentive Pay) for VPOA Classic and New Members (PEPRA) eligible for, approved to, and who receive Master Officer Program pay. To the extent that Master Officer Program pay is subject to the Regular Rate of Pay by law, the City will include it as required. On September 29, 2022, CalPERS approved the following language for Master Officer Program pay to become pensionable compensation under its rules and as such, the Master Officer Program language is agreed to as follows: Master Officer Program 1. Effective the first full pay period following April 1, 2021, the City will adopt a Master Officer Program. The Master Officer Program is intended to incentivize and reward exceptional service by employees of all ranks in the bargaining unit and is measured through years of service, performance standards, education, Peace Officer Standard Training (POST), as well as the performance of special assignments. a. Level 1 – Bargaining Unit members who meet the following criteria shall receive 5% Master Officer Pay: * Ten (10) years of service as a peace officer (830.1 or 830.2) with at least three (3) years of that service with the City of Vallejo; * Three (3) years serving in a qualifying specialty, listed below, at any agency (must have at least 2 specialties to qualify); * Fifteen (15) education units; * POST Intermediate Certificate; * Maintain a performance standard of satisfactory or above. b. Level 2 – Bargaining Unit members who meet the following criteria shall receive 10% Master Officer Pay. * Fifteen (15) years of service as a peace officer (830.1 or 830.2) with at least three (3) years of that service with the City of Vallejo; * Three (3) years serving in a qualifying specialty, listed below, at any agency (must have at least 2 specialties to qualify); * Thirty (30) education units; * POST Advanced Certificate; * Maintain a performance standard of satisfactory or above. 2. Qualifying Specialties – The following specialties will qualify for Master Officer Pay. An employee must serve at least six (6) months in a qualifying specialty for it to count towards the three (3) year qualification. Equivalent specialties from other jurisdictions will meet the requirements for a qualifying specialty at the discretion of the department. * Investigations (including Crime Reduction Team, Crime Suppression Unit, Narcotics, Gang Task Force, Computer Crimes) * Emergency Services Unit (including SWAT, HNT and assigned support members) * Emergency Vehicle Operations Course (EVOC) Instructors * Drug Abuse Resistance Education (DARE) Instructors * Community Services Section Members * Recruitment Team * Bomb Squad/Hazardous Devices Team * Field Training Officers (Including corporals). Sergeants and lieutenants when assigned as Field Training Coordinators. * IA Investigators * School Resource Officers * Use of Force/Defensive Tactics Instructors * Rangemasters/Firearms Instructors * Canine Officers * Critical Incident Team Members * Officers assigned to Traffic positions * Bicycle Patrol Officers • The following certifications will be credited as 6 months credit participation in a special assignment: ▪ POST Instructor (not otherwise enumerated • Narcotics-Certified Expert witness
• Drug Recognition Expert (DRE)
• Crime Scene Evidence Expert
• Collision Reconstruction Certification

3. Application Process -Employees who desire to participate in the Master Officer Program must complete a department approved application, including supporting documentation sufficient to allow the Department to verify that the employee has met the minimum requirements for the Master Officer Program. Pay will be effective the first full pay period following the submission of a completed application and supporting documentation.

The parties understand and intend that the Master Officer Pay meets the definition of Special Compensation, as defined in Ca/PERS Regulation 571{a}(1).

For the City of Vallejo:

Mike Malone
City Manager
Date: // / 1 1/ /
ForVPOA:

Mike Nichelini
President -VPOA
Date:

RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO

AUTHORIZING THE CITY MANAGER TO EXECUTE A SIDE LETTER OF

AGREEMENT BETWEEN THE CITY OF VALLEJO AND THE
VALLEJO POLICE OFFICERS’ ASSOCIATION
WHEREAS, On September 29, 2022, CalPERS approved the Master Officer Pay Program to become pensionable compensation; and
WHEREAS, On November 14, 2022, the City of Vallejo signed a Side Letter of Agreement with the Vallejo Police Officers’ Association (VPOA) to approve the Master Officer Pay as Special Compensation, as defined in CalPERS Regulation 571(a)(1); and WHEREAS, the Master Officer Pay is to replace Longevity Pay for VPOA.

NOW, THEREFORE, BE IT RESOLVED that the City Manager or his designee be authorized on behalf of the City Council to execute a Side Letter of Agreement to the amended 2019 Tentative Agreement between the City of Vallejo and the Vallejo Police Officers’ Association.

Adopted by the Council of the City of Vallejo at a regular meeting held on April 25, 2023, with the following vote:

AYES:

NOES:

ABSENT:

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

ACTION ITEM 9.C.

DATE: April 25, 2023
TO: Mayor and Members of the City Council
FROM: Dawn G. Abrahamson, City Clerk
Veronica A.F. Nebb, City Attorney
SUBJECT: COUNCIL DISCUSSION AND POSSIBLE DIRECTION ON ESTABLISHING COUNCIL SENIORITY AS REQUESTED BY COUNCILMEMBER MATULAC (STEP 2)

RECOMMENDATION
Council to consider and possibly provide direction on policy establishing Council seniority that could be used in determining seating at the dais following a General Municipal Election when newly elected members of the Council are seated, when the position of Vice Mayor is rotated annually in non-election years, and potentially in determining the selection of a Vice Mayor.

REASONS FOR RECOMMENDATION
Historically, Council seniority has been used for selection of seating at the dais following a General Municipal Election when newly elected Councilmembers are seated, and when the position of Vice Mayor is rotated in non-election years. With the election of councilmembers by-district, the question has been raised by Councilmember Matulac about how seniority is determined, particularly when there is more than one councilmember elected by-district for each General Municipal Election in even-numbered years. At the request of Councilmember Matulac, this item is Step 2 of the referral request to agendize for Council discussion and consideration.

BACKGROUND AND DISCUSSION
Historically, council seniority has been used to determine selection of seating at the dais following a General Municipal Election when newly elected councilmembers are seated and in non-election years when the position of Vice Mayor is rotated. Prior to transitioning to by-district elections in 2019, Council seniority was determined by date/year of election and in the case where two or more members of the Council had the same seniority (elected during the same general municipal election), the highest number of votes established seniority. This same practice was used after the completion of Vallejo's first by-district election in November of 2020 where seating at the dais was selected based on the highest number of votes. This practice has also been used in rotating the position of Vice Mayor but not always followed, which has been the case for the past several years.

Following the selection of seating at the January 3, 2023 special council meeting, Councilmember Matulac raised the question about how seating is determined, as there was confusion by members of the public that seating choice and seniority was based on the highest voter percentage. Councilmember Matulac requested that the matter be agendized as Step 1 for the Council to consider and direct staff to return at a subsequent meeting. Step 1 was completed at the March 14 regular City Council meeting and Council directed staff to return for its consideration.

In order to avoid any confusion in the future, Council is being asked to establish a policy that will be used for selecting seats at the dais. There are two choices for the Council to consider based on the date/year of Vallejo's General Municipal Election: 1) seniority established by voter total (highest number of votes) or 2) seniority established by voter percentage.This policy could also potentially be used annually when the position

Date: April 25, 2023
Subject: COUNCIL DISCUSSION AND POSSIBLE DIRECTION ON ESTABLISHING COUNCIL SENIORITY AS REQUESTED BY COUNCILMEMBER MATULAC (STEP 2)

of Vice Mayor is rotated.

The City Clerk conducted a survey of every city in Solano County to determine if a policy on Council seniority has been established. The responses received indicated that seniority is not a factor for any decisions or for seating selection at the dais in other Solano County Cities.

FISCAL IMPACT
There is no fiscal impact associated with setting a policy to establish Council seniority.

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
None

CONTACT
Dawn G. Abrahamson, MMC, City Clerk (707) 648-4528
[email protected]

ACTION ITEM 10.A.

DATE: April 25, 2023
TO: Mayor and Members of the City Council
FROM:

SUBJECT: PAVEMENT MANAGEMENT PLAN UPDATE

RECOMMENDATION
This item is for informational purposes only. There is no action or staff report associated with this item.

REASONS FOR RECOMMENDATION

BACKGROUND AND DISCUSSION

FISCAL IMPACT

ENVIRONMENTAL REVIEW

ATTACHMENTS
None

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

CITY ATTORNEY’S REPORT
April 25, 2023 – City Council Agenda

TO: Mayor and Members of the City Council

FROM: Veronica A.F. Nebb / VN

SUBJECT: Quarterly Report for FY 2022/2023, Third Quarter (January - March 2023)

The following list of projects, work , and statistics represents an overview of the work performed at the City Attorney’s Office during the third quarter of Fiscal Year 2022/2023. Some projects and items have been omitted due to their sensitive nature. If Counci lmembers or officials have any questions, please feel free to contact the City Attorney privately, as many of the below items are attorney-client privileged and, therefore, not appropriate for public discussion.

I. Litigation:
a. Number of Pitchess Motions served on the City this FY Quarter: 6 b. Number of Pitchess Motions served on the City this FY: 11 c. Summons & Complaints (New cases this FY Quarter): 3 (see below)

File Name Case # Served Date

City’s Counsel
Baker, Lucille v. City of Vallejo, et al. FCS059686 03/17/2023

Farrah Hussein, ACA
Cervantes, Francisco v. City of Vallejo, et al. FCS059638 02/27/2023

Kristoffer Jacob, DCA
Green, Aneisha v. City of Vallejo, et al. CU23-00329 03/30/2023

Farrah Hussein, ACA

d. Case Resolutions this FY Quarter: 4 (see below)
File Name Case # Resolved

City’s Counsel
Castellano, Kenneth v. City of Vallejo, et al. FCS056492 02/14/2023

Kristoffer Jacob, DCA
Chapman, Janet v. Rulaman, City of Vallejo, et al. FCS056084 02/03/2023

Katelyn Knight, ACA
Murphy, Julie Ann v. City of Vallejo, et al. FCS055942 01/26/2023

Hampton Jackson, DCA
VPOA; John Doe v. City of Vallejo, et al. FCS054880 03/03/2023

Randy Risner, CACA
Mayor and Members of the City Council
Re: City Attorney’s Third Quarterly Report for FY 2022/2023 April 25, 2023 - City Council Agenda

e.

Summons & Complaints (New) Q3 – FY 22-23:

3 Summons & Complaints FY 22-23 to date 12

f. Total Active Litigation Cases: 61 (Lit – 45 and
NLP – 16)

II. Funds Recovered from Third Parties Q3 – FY 22-23: $8,992.53 (see details below)

Funds Recovered from Third Parties FY 22-23
to date:

$20,400.88