seek to fill the gap in housing for that income category. The entire text of SB 423 is included as an Attachment.
In addition to broadening SB 35 and making the provisions permanent, SB423 would allow the state to approve housing developments on property owned or leased by the state and would prohibit cities from enforcing inclusionary housing ordinances if the income limits are higher than those in SB 35.
FISCAL IMPACT
There is no immediate fiscal impact 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 the 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 Title 14 California Code of Regulations Section 15378.
ATTACHMENTS
1. Resolution Opposing SB 423
2. SB 423 (Wiener) Opposition Letter
3. SB 423 Legislative Full Text
CONTACT
Terrance Davis, (707) 648-4301
[email protected]
RESOLUTION NO. ________
ADOPT A RESOLUTION OPPOSING SB 423: STREAMLINED HOUSING APPROVALS:
MULTIFAMILY HOUSING DEVELOPMENTS: SB 35 (CHAPTER 366, STATUTES OF 2017)
EXPANSION
WHEREAS, City officials intimately understand the housing crisis as it plays out in their communities every day and local leaders are working to find creative solutions so homes of all income levels can be built; and
WHEREAS, Cities are finalizing local housing plans that will identify sites for more than 2.5 million new homes statewide, all while navigating the state’s annual barrage of overreaching housing bills that have thus far demonstrated limited success; and WHEREAS, SB 423 is the latest overreaching bill that would force cities to approve certain housing projects without regard to the needs of the community, opportunities for environmental review, or public input; and
WHEREAS, Lawmakers should partner with local officials instead of continuing to pursue top- down, one-size-fits-all legislation; and
WHEREAS, Targeted, ongoing funding is the only way cities can find community-based solutions that get our residents off the streets and keep them in their homes; and WHEREAS, California will never produce the number of homes needed with an increasingly state driven, by-right housing approval process; and
WHEREAS, The City of Vallejo is calling on the Governor and lawmakers to include a $3 billion annual investment in the state budget to help cities prevent and reduce homelessness and spur housing development; and
NOW THEREFOR, BE IT FURTHER RESOLVED that the City of Vallejo will join the ever-growing coalition opposing SB 423.
Adopted by the Council of the City of Vallejo at a Council meeting held on May 9th, 2023 with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST: _________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
May 9th, 2023
The Honorable Anna Caballero
Chair, Senate Committee on Governance and Finance
State Capitol, Room 407
Sacramento, CA 95814
RE:SB 423 (Wiener) Streamlined housing approvals: multifamily housing developments: SB 35 (Chapter 366, Statutes of 2017) Expansion.
Notice of Opposition
Dear Senator Caballero:
The City of Vallejo writes to express our opposition to, SB 423 (Wiener), which would greatly expand SB 35 (Chapter 366, Statutes of 2017) provisions and eliminate the Jan. 1, 2026 sunset date.
On any given day, newspaper headlines in California and across the nation are highlighting the state’s growing housing supply and affordability crisis. Seven in ten Californians view housing affordability as one of the top problems in their community, and there is growing concern from residents that housing prices are so expensive, younger generations will be priced out of ever being able to buy a home.
The City of Vallejo intimately understands this crisis as it plays out in our community every day. Local leaders are working to find creative solutions so homes of all income levels can be built. They’re taking on these difficult and complex tasks, and in many cases successfully planning for more than 2.5 million new homes statewide, all while navigating the state’s annual barrage of overreaching housing bills that have thus far demonstrated limited success.
SB 423 is the latest overreaching bill. This measure would double-down on the recent trend of the state overriding its own mandated local housing plans by forcing cities to approve certain housing projects without regard to the needs of the community, opportunities for environmental review, or public input. While it may be frustrating for some developers to address neighborhood concerns about traffic, parking, and other development impacts, those directly affected by such projects have a right to be heard. Public engagement also often leads to better projects. Not having such outlets will increase public distrust in government and result in additional ballot measures limiting housing development.
Instead of continuing to pursue top-down, one-size-fits-all legislation, lawmakers should partner with local officials. That’s why the League of California Cities is calling on the Governor and lawmakers to include a $3 billion annual investment in the state budget to help cities prevent and reduce homelessness and spur housing development.
Targeted, ongoing funding is the only way cities can find community-based solutions that get our residents off the streets and keep them in their homes. California will never produce the number of homes needed with an increasingly state driven, by-right housing approval process. What is really needed is a sustainable state investment that matches the scale of this long-term crisis.
For these reasons, The City of Vallejo respectfully opposes SB 423, Cc:Bill Dodd and Tim Grayson
Nancy Hall Bennett, Public Affairs Manager, Cal Cities, [email protected] League of California Cities (Via email): [email protected]) AMENDED IN SENATE MARCH 28, 2023
SENATE BILL No. 423
Introduced by Senator Wiener
(Principal coauthor: Assembly Member Wicks)
(Coauthor: Senator Hurtado)
(Coauthor: Assembly Member Grayson)
February 13, 2023
An act to amend Section 65913.4 of the Government Code, relating to land use.
legislative counsel’s digest
SB 423, as amended, Wiener. Land use: streamlined housing approvals: multifamily housing developments.
Existing law, the Planning and Zoning Law, authorizes a development proponent to submit an application for a multif amily housing development that is subject to a streamlined, ministerial appro val process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including, among others, that the development proponent has committed to record, prior to the issuance of the first b uilding permit, a land use restriction or covenant providing that any lower or moderate-income housing units required, as specified, remain available at affordable housing costs, as defined, or rent to persons and f amilies of lower or moderate-income for no less than specified periods of time. Existing la w repeals these provisions on January 1, 2026.
This bill would authorize the Department of General Services to act in the place of a locality or local go vernment, at the discretion of that department, for purposes of the ministerial, streamlined re view for development on property owned by or leased to the state. The bill would
98 delete the January 1, 2026, repeal date, thereby making these provisions operative indefinitely.
This bill w ould modify the abo ve-described objecti ve planning standards, including by deleting the standard that prohibits a multifamily housing development from being subject to the streamlined, ministerial approval process if the de velopment is located in a coastal zone, and by providing an alternati ve definition for “af fordable housing costs” for a development that dedicates 100% of units, exclusive of a manager’s unit or units, to lower income households. The bill would, among other modifications, delete the objecti ve planning standards requiring development proponents to pay at least the general pre vailing rate of per diem wages and utilize a skilled and trained workforce and would instead require a de velopment proponent to certify to the local government that certain wage and labor standards will be met, including a requirement that all construction workers be paid at least the general prevailing rate of wages, as specified. The bill would require the Labor Commissioner to enforce the oblig ation to pay pre vailing wages. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill w ould specify that the requirements to pay prevailing wages, use a w orkforce participating in an apprenticeship, or provide health care expenditures do not apply to a project that consists of 10 or fewer units and is not otherwise a public work.
This bill w ould define “objecti ve planning standards” to e xclude specified standards, including local b uilding codes, fire codes, other codes requiring detailed technical specifications, and standards that are not reasonably ascertainable by the local government within specified time limits, as described.
Existing law requires a local government to approve a development if the local government determines the development is consistent with the objecti ve planning standards. Existing la w requires, if the local government determines a submitted development is in conflict with any of the objecti ve planning standards, the local go vernment to pro vide the development proponent written documentation of the standards the development conflicts with and an e xplanation for the conflict within certain timelines depending on the size of the de velopment. Existing law, the Housing Accountability Act, prohibits a local agenc y from disapproving a housing de velopment project, as described, unless it makes specified written findings.
This bill w ould instead require appro val if a local go vernment’s planning director or any equivalent local government staff, including 98 — 2 — SB 423
all relevant planning and permitting departments, equivalent position determines the development is consistent with the objecti ve planning standards. The bill w ould make conforming changes. The bill would require all departments of the local go vernment that ar e required to issue an appr oval of the de velopment prior to the gr anting of an entitlement to also comply with the abo ve-described str eamlined approval requirements within specified time periods. The bill w ould prohibit a local go vernment from requiring a de velopment proponent to provide consultant studies, as described, or other studies requiring, prior to approving a de velopment that meets the r equirements of the above-described streamlining provisions, compliance with any standards necessary to receive a postentitlement permit or studies, information, or other materials that are unnecessary to ascertain consistency do not pertain directly to determining whether the de velopment is consistent with the objecti ve planning standards. standar ds applicable to the development.
The bill w ould, for purposes of these pro visions, establish that the total number of units in a de velopment includes (1) all projects developed on a site, regardless of when those developments occur, and (2) all projects developed on sites adjacent to a site developed pursuant to these provisions if, after January 1, 2023, the adjacent site had been subdivided from the site developed pursuant to these provisions.
Existing law authorizes the local government’s planning commission or an y equi valent board or commission responsible for re view and approval of development projects, or as otherwise specified, to conduct any design review or public oversight of the development.
This bill would remove the above-described authorization to conduct public oversight of the development and would only authorize design review to be conducted by the local government’s planning commission or any equivalent board or commission responsible for design review.
By imposing additional duties on local officials, the bill would impose a state-mandated local program.
The bill w ould include findings that changes proposed by this bill address a matter of state wide concern rather than a municipal af fair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimb urse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
98 SB 423 — 3 —
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares that it has line 2 provided reforms and incenti ves to f acilitate and e xpedite the line 3 construction of affordable housing. Those reforms and incentives line 4 can be found in the following provisions:
line 5 (a) Housing element la w (Article 10.6 (commencing with line 6 Section 65580) of Chapter 3 of Di vision 1 of Title 7 of the line 7 Government Code).
line 8 (b) Extension of statute of limitations in actions challenging the line 9 housing element and brought in support of af fordable housing line 10 (subdivision (d) of Section 65009 of the Government Code). line 11 (c) Restrictions on disappro val of housing de velopments line 12 (Section 65589.5 of the Government Code).
line 13 (d) Priority for affordable housing in the allocation of water and line 14 sewer hookups (Section 65589.7 of the Government Code). line 15 (e) Least cost zoning law (Section 65913.1 of the Government line 16 Code).
line 17 (f) Density Bonus La w (Section 65915 of the Go vernment line 18 Code).
line 19 (g) Accessory dwelling units (Sections 65852.150 and 65852.2 line 20 of the Government Code).
line 21 (h) By-right housing, in which certain multif amily housing is line 22 designated a permitted use (Section 65589.4 of the Go vernment line 23 Code).
line 24 (i) No-net-loss-in zoning density law limiting downzonings and line 25 density reductions (Section 65863 of the Government Code). line 26 (j) Requiring persons who sue to halt affordable housing to pay line 27 attorney’s fees (Section 65914 of the Go vernment Code) or post line 28 a bond (Section 529.2 of the Code of Civil Procedure). line 29 (k) Reduced time for action on affordable housing applications line 30 under the appro val of de velopment permits process (Article 5 line 31 (commencing with Section 65950) of Chapter 4.5 of Di vision 1 line 32 of Title 7 of the Government Code).
line 33 (l) Limiting moratoriums on multifamily housing (Section 65858 line 34 of the Government Code).
98 — 4 — SB 423
line 1 (m) Prohibiting discrimination ag ainst af fordable housing line 2 (Section 65008 of the Government Code).
line 3 (n) California F air Emplo yment and Housing Act (P art 2.8 line 4 (commencing with Section 12900) of Division 3 of Title 2 of the line 5 Government Code).
line 6 (o) Community Redevelopment Law (Part 1 (commencing with line 7 Section 33000) of Division 24 of the Health and Safety Code, and line 8 in particular Sections 33334.2 and 33413 of the Health and Safety line 9 Code).
line 10 (p) Streamlining housing approvals during a housing shortage line 11 (Section 65913.4 of the Government Code).
line 12 (q) Housing sustainability districts (Chapter 11 (commencing line 13 with Section 66200) of Di vision 1 of Title 7 of the Go vernment line 14 Code).
line 15 (r) Streamlining agricultural emplo yee housing de velopment line 16 approvals (Section 17021.8 of the Health and Safety Code). line 17 (s) The Housing Crisis Act of 2019 (Senate Bill 330 (Chapter line 18 654 of the Statutes of 2019)).
line 19 (t) Allowing four units to be b uilt on single-family par cels line 20 statewide (Senate Bill 9 (Chapter 162 of Statutes of 2021)). line 21 (u) The Middle Class Housing Act of 2022 (Section 65852.24 line 22 of the Government Code).
line 23 (s)
line 24 (v) Affordable Housing and High Road Jobs Act of 2022 line 25 (Chapter 4.1 (commencing with Section 65912.100) of Di vision line 26 1 of Title 7 of the Government Code).
line 27 SEC. 2. Section 65913.4 of the Government Code is amended line 28 to read:
line 29 65913.4. (a) A de velopment proponent may submit an line 30 application for a de velopment that is subject to the streamlined, line 31 ministerial approval process pro vided by subdi vision (c) and is line 32 not subject to a conditional use permit or any other nonlegislative line 33 discretionary appro val if the de velopment complies with line 34 subdivision (b) and satisfies all of the following objective planning line 35 standards:
line 36 (1) The development is a multifamily housing development that line 37 contains two or more residential units.
line 38 (2) The development and the site on which it is located satisfy line 39 all of the following:
98 SB 423 — 5 —
line 1 (A) It is a legal parcel or parcels located in a city if, and only line 2 if, the city boundaries include some portion of either an urbanized line 3 area or urban cluster, as designated by the United States Census line 4 Bureau, or , for unincorporated areas, a le gal parcel or parcels line 5 wholly within the boundaries of an urbanized area or urban cluster, line 6 as designated by the United States Census Bureau. line 7 (B) At least 75 percent of the perimeter of the site adjoins parcels line 8 that are developed with urban uses. For the purposes of this section, line 9 parcels that are only separated by a street or highw ay shall be line 10 considered to be adjoined.
line 11 (C) (i) A site that meets the requirements of clause (ii) and line 12 satisfies any of the following:
line 13 (I) The site is zoned for residential use or residential mixed-use line 14 development.
line 15 (II) The site has a general plan designation that allows residential line 16 use or a mix of residential and nonresidential uses. line 17 (III) The site is zoned for office or retail commercial use and line 18 meets the requirements of Section 65852.24.
line 19 (ii) At least two-thirds of the square footage of the development line 20 is designated for residential use. Additional density, floor area, line 21 and units, and an y other concession, incenti ve, or w aiver of line 22 development standards granted pursuant to the Density Bonus Law line 23 in Section 65915 shall be included in the square footage line 24 calculation. The square footage of the de velopment shall not line 25 include underground space, such as basements or under ground line 26 parking garages.
line 27 (3) (A) The development proponent has committed to record, line 28 prior to the issuance of the first b uilding permit, a land use line 29 restriction or co venant pro viding that an y lo wer or moderate line 30 income housing units required pursuant to subparagraph (B) of line 31 paragraph (4) shall remain a vailable at af fordable housing costs line 32 or rent to persons and f amilies of lower or moderate-income for line 33 no less than the following periods of time:
line 34 (i) Fifty-five years for units that are rented. line 35 (ii) Forty-five years for units that are owned. line 36 (B) The city or county shall require the recording of covenants line 37 or restrictions implementing this paragraph for each parcel or unit line 38 of real property included in the development.
line 39 (4) The development satisfies clause (i) or (ii) of subparagraph line 40 (A) and satisfies subparagraph (B) below:
98 — 6 — SB 423
line 1 (A) (i) For a development located in a locality that is in its sixth line 2 or earlier housing element c ycle, the de velopment is located in line 3 either of the following:
line 4 (I) In a locality that the department has determined is subject line 5 to this clause on the basis that the number of units that have been line 6 issued building permits, as shown on the most recent production line 7 report received by the department, is less than the locality’s share line 8 of the re gional housing needs, by income cate gory, for that line 9 reporting period. A locality shall remain eligible under this line 10 subclause until the department’ s determination for the ne xt line 11 reporting period.
line 12 (II) In a locality that the department has determined is subject line 13 to this clause on the basis that the locality did not adopt a housing line 14 element that has been found in substantial compliance with housing line 15 element law (Article 10.6 (commencing with Section 65580) of line 16 Chapter 3) by the department. A locality shall remain eligible under line 17 this subclause until such time as the locality adopts a housing line 18 element that has been found in substantial compliance with housing line 19 element law (Article 10.6 (commencing with Section 65580) of line 20 Chapter 3) by the department.
line 21 (ii) For a development located in a locality that is in its seventh line 22 or later housing element c ycle, is located in a locality that the line 23 department has determined is subject to this clause on the basis line 24 that the locality did not adopt a housing element that has been line 25 found in substantial compliance with housing element law (Article line 26 10.6 (commencing with Section 65580) of Chapter 3) by the line 27 department by the statutory deadline, or that the number of units line 28 that have been issued building permits, as shown on the most recent line 29 production report recei ved by the department, is less than the line 30 locality’s share of the regional housing needs, by income category, line 31 for that reporting period. A locality shall remain eligible under line 32 this subparagraph until the department’s determination for the next line 33 reporting period.
line 34 (B) The development is subject to a requirement mandating a line 35 minimum percentage of below market rate housing based on one line 36 of the following:
line 37 (i) The locality did not adopt a housing element pursuant to line 38 Section 65588 that has been found in substantial compliance with line 39 the housing element law (Article 10.6 (commencing with Section line 40 65580) of Chapter 3) by the department, did not submit its latest 98 SB 423 — 7 —
line 1 production report to the department by the time period required line 2 by Section 65400, or that production report submitted to the line 3 department reflects that there were fe wer units of abo ve line 4 moderate-income housing issued b uilding permits than were line 5 required for the regional housing needs assessment cycle for that line 6 reporting period. In addition, if the project contains more than 10 line 7 units of housing, the project does either of the following:
line 8 (I) The project dedicates a minimum of 10 percent of the total line 9 number of units, before calculating any density bonus, to housing line 10 affordable to households making at or below 80 percent of the area line 11 median income. Ho wever, if the locality has adopted a local line 12 ordinance that requires that greater than 10 percent of the units be line 13 dedicated to housing af fordable to households making belo w 80 line 14 percent of the area median income, that local ordinance applies. line 15 (II) (ia) If the project is located within the San Francisco Bay line 16 area, the project, in lieu of complying with subclause (I), dedicates line 17 20 percent of the total number of units, before calculating an y line 18 density bonus, to housing affordable to households making below line 19 120 percent of the area median income with the a verage income line 20 of the units at or belo w 100 percent of the area median income. line 21 However, a local ordinance adopted by the locality applies if it line 22 requires greater than 20 percent of the units be dedicated to housing line 23 affordable to households making at or belo w 120 percent of the line 24 area median income, or requires that any of the units be dedicated line 25 at a le vel deeper than 120 percent. In order to comply with this line 26 subclause, the rent or sale price charged for units that are dedicated line 27 to housing affordable to households between 80 percent and 120 line 28 percent of the area median income shall not exceed 30 percent of line 29 the gross income of the household.
line 30 (ib) For purposes of this subclause, “San Francisco Bay area” line 31 means the entire area within the territorial boundaries of the line 32 Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, line 33 Santa Clara, Solano, and Sonoma, and the City and County of San line 34 Francisco.
line 35 (ii) The locality’s latest production report reflects that there line 36 were fewer units of housing issued building permits affordable to line 37 either v ery lo w income or lo w-income households by income line 38 category than were required for the re gional housing needs line 39 assessment cycle for that reporting period, and the project seeking line 40 approval dedicates 50 percent of the total number of units, before 98 — 8 — SB 423
line 1 calculating any density bonus, to housing affordable to households line 2 making at or belo w 80 percent of the area median income. line 3 However, if the locality has adopted a local ordinance that requires line 4 that greater than 50 percent of the units be dedicated to housing line 5 affordable to households making at or below 80 percent of the area line 6 median income, that local ordinance applies.
line 7 (iii) The locality did not submit its latest production report to line 8 the department by the time period required by Section 65400, or line 9 if the production report reflects that there were fe wer units of line 10 housing affordable to both income levels described in clauses (i) line 11 and (ii) that were issued b uilding permits than were required for line 12 the re gional housing needs assessment c ycle for that reporting line 13 period, the project seeking approval may choose between utilizing line 14 clause (i) or (ii).
line 15 (C) (i) A development proponent that uses a unit of affordable line 16 housing to satisfy the requirements of subparagraph (B) may also line 17 satisfy any other local or state requirement for affordable housing, line 18 including local ordinances or the Density Bonus La w in Section line 19 65915, provided that the de velopment proponent complies with line 20 the applicable requirements in the state or local la w. If a local line 21 requirement for affordable housing requires units that are restricted line 22 to households with incomes higher than the applicable income line 23 limits required in subparagraph (B), then units that meet the line 24 applicable income limits required in subparagraph (B) shall be line 25 deemed to satisfy those local requirements for higher income units. line 26 (ii) A de velopment proponent that uses a unit of af fordable line 27 housing to satisfy any other state or local affordability requirement line 28 may also satisfy the requirements of subparagraph (B), pro vided line 29 that the de velopment proponent complies with applicable line 30 requirements of subparagraph (B).
line 31 (iii) A de velopment proponent may satisfy the af fordability line 32 requirements of subparagraph (B) with a unit that is restricted to line 33 households with incomes lower than the applicable income limits line 34 required in subparagraph (B).
line 35 (D) The amendments to this subdivision made by the act adding line 36 this subparagraph do not constitute a change in, but are declaratory line 37 of, existing law.
line 38 (5) The development, excluding any additional density or an y line 39 other concessions, incentives, or waivers of development standards line 40 for which the development is eligible pursuant to the Density Bonus 98 SB 423 — 9 —
line 1 Law in Section 65915, is consistent with objecti ve zoning line 2 standards, objective subdivision standards, and objecti ve design line 3 review standards in ef fect at the time that the de velopment is line 4 submitted to the local go vernment pursuant to this section, or at line 5 the time a notice of intent is submitted pursuant to subdivision (b), line 6 whichever occurs earlier. For purposes of this paragraph, “objective line 7 zoning standards, ” “objecti ve subdi vision standards, ” and line 8 “objective design review standards” mean standards that in volve line 9 no personal or subjecti ve judgment by a public official and are line 10 uniformly v erifiable by reference to an e xternal and uniform line 11 benchmark or criterion a vailable and kno wable by both the line 12 development applicant or proponent and the public official before line 13 submittal. These standards may be embodied in alternati ve line 14 objective land use specifications adopted by a city or county, and line 15 may include, but are not limited to, housing overlay zones, specific line 16 plans, inclusionary zoning ordinances, and density bonus line 17 ordinances, subject to the following:
line 18 (A) A development shall be deemed consistent with the objective line 19 zoning standards related to housing density , as applicable, if the line 20 density proposed is compliant with the maximum density allowed line 21 within that land use designation, notwithstanding an y specified line 22 maximum unit allocation that may result in fewer units of housing line 23 being permitted.
line 24 (B) In the event that objective zoning, general plan, subdivision, line 25 or design re view standards are mutually inconsistent, a line 26 development shall be deemed consistent with the objective zoning line 27 and subdi vision standards pursuant to this subdi vision if the line 28 development is consistent with the standards set forth in the general line 29 plan.
line 30 (C) It is the intent of the Le gislature that the objective zoning line 31 standards, objective subdivision standards, and objecti ve design line 32 review standards described in this paragraph be adopted or line 33 amended in compliance with the requirements of Chapter 905 of line 34 the Statutes of 2004.
line 35 (D) The amendments to this subdivision made by the act adding line 36 this subparagraph do not constitute a change in, but are declaratory line 37 of, existing law.
line 38 (E) A project that satisfies the requirements of Section 65852.24 line 39 shall be deemed consistent with objecti ve zoning standards, line 40 objective design standards, and objective subdivision standards if 98 — 10 — SB 423
line 1 the project is consistent with the pro visions of subdivision (b) of line 2 Section 65852.24 and if none of the square footage in the project line 3 is designated for hotel, motel, bed and breakf ast inn, or other line 4 transient lodging use, except for a residential hotel. For purposes line 5 of this subdivision, “residential hotel” shall have the same meaning line 6 as defined in Section 50519 of the Health and Safety Code. line 7 (6) The development is not located on a site that is an y of the line 8 following:
line 9 (A) Either prime farmland or farmland of statewide importance, line 10 as defined pursuant to United States Department of Agriculture line 11 land inventory and monitoring criteria, as modified for California, line 12 and designated on the maps prepared by the F armland Mapping line 13 and Monitoring Program of the Department of Conserv ation, or line 14 land zoned or designated for agricultural protection or preservation line 15 by a local ballot measure that w as approved by the voters of that line 16 jurisdiction.
line 17 (B) Wetlands, as defined in the United States Fish and Wildlife line 18 Service Manual, P art 660 FW 2 (June 21, 1993), unless the line 19 development within the wetlands has been authorized by a permit line 20 or other approval issued pursuant to federal or other state law. line 21 (C) Within a very high fire hazard severity zone, as determined line 22 by the Department of F orestry and Fire Protection pursuant to line 23 Section 51178, or within a high or v ery high fire hazard severity line 24 zone as indicated on maps adopted by the Department of Forestry line 25 and Fire Protection pursuant to Section 4202 of the Public line 26 Resources Code. This subparagraph does not apply to sites line 27 excluded from the specified hazard zones by a local agenc y, line 28 pursuant to subdi vision (b) of Section 51179, or sites that ha ve line 29 adopted fire hazard mitig ation measures pursuant to e xisting line 30 building standards or state fire mitigation measures applicable to line 31 the development.
line 32 (D) A hazardous w aste site that is listed pursuant to Section line 33 65962.5 or a hazardous waste site designated by the Department line 34 of Toxic Substances Control pursuant to Section 25356 of the line 35 Health and Safety Code, unless either of the following apply:
line 36 (i) The site is an underground storage tank site that received a line 37 uniform closure letter issued pursuant to subdivision (g) of Section line 38 25296.10 of the Health and Safety Code based on closure criteria line 39 established by the State Water Resources Control Board for line 40 residential use or residential mix ed uses. This section does not 98 SB 423 — 11 —
line 1 alter or change the conditions to remo ve a site from the list of line 2 hazardous waste sites listed pursuant to Section 65962.5. line 3 (ii) The State Department of Public Health, State Water line 4 Resources Control Board, Department of Toxic Substances Control, line 5 or a local agency making a determination pursuant to subdivision line 6 (c) of Section 25296.10 of the Health and Safety Code, has line 7 otherwise determined that the site is suitable for residential use or line 8 residential mixed uses.
line 9 (E) Within a delineated earthquake fault zone as determined by line 10 the State Geologist in an y official maps published by the State line 11 Geologist, unless the development complies with applicable seismic line 12 protection b uilding code standards adopted by the California line 13 Building Standards Commission under the California Building line 14 Standards La w (P art 2.5 (commencing with Section 18901) of line 15 Division 13 of the Health and Safety Code), and by an y local line 16 building department under Chapter 12.2 (commencing with Section line 17 8875) of Division 1 of Title 2.
line 18 (F) Within a special flood hazard area subject to inundation by line 19 the 1 percent annual chance flood (100-year flood) as determined line 20 by the Federal Emer gency Management Agency in an y official line 21 maps published by the Federal Emergency Management Agency. line 22 If a development proponent is able to satisfy all applicable federal line 23 qualifying criteria in order to pro vide that the site satisfies this line 24 subparagraph and is otherwise eligible for streamlined appro val line 25 under this section, a local government shall not deny the application line 26 on the basis that the development proponent did not comply with line 27 any additional permit requirement, standard, or action adopted by line 28 that local government that is applicable to that site. A development line 29 may be located on a site described in this subparagraph if either line 30 of the following are met:
line 31 (i) The site has been subject to a Letter of Map Re vision line 32 prepared by the Federal Emer gency Management Agency and line 33 issued to the local jurisdiction.
line 34 (ii) The site meets Federal Emer gency Management Agency line 35 requirements necessary to meet minimum flood plain management line 36 criteria of the National Flood Insurance Program pursuant to Part line 37 59 (commencing with Section 59.1) and P art 60 (commencing line 38 with Section 60.1) of Subchapter B of Chapter I of Title 44 of the line 39 Code of Federal Regulations.
98 — 12 — SB 423
line 1 (G) Within a regulatory floodway as determined by the Federal line 2 Emergency Management Agency in any official maps published line 3 by the Federal Emer gency Management Agency, unless the line 4 development has recei ved a no-rise certification in accordance line 5 with Section 60.3(d)(3) of Title 44 of the Code of Federal line 6 Regulations. If a de velopment proponent is able to satisfy all line 7 applicable federal qualifying criteria in order to pro vide that the line 8 site satisfies this subparagraph and is otherwise eligible for line 9 streamlined approval under this section, a local government shall line 10 not den y the application on the basis that the de velopment line 11 proponent did not comply with any additional permit requirement, line 12 standard, or action adopted by that local go vernment that is line 13 applicable to that site.
line 14 (H) Lands identified for conserv ation in an adopted natural line 15 community conservation plan pursuant to the Natural Community line 16 Conservation Planning Act (Chapter 10 (commencing with Section line 17 2800) of Di vision 3 of the Fish and Game Code), habitat line 18 conservation plan pursuant to the federal Endangered Species Act line 19 of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural line 20 resource protection plan.
line 21 (I) Habitat for protected species identified as candidate, line 22 sensitive, or species of special status by state or federal agencies, line 23 fully protected species, or species protected by the federal line 24 Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), line 25 the California Endangered Species Act (Chapter 1.5 (commencing line 26 with Section 2050) of Division 3 of the Fish and Game Code), or line 27 the Native Plant Protection Act (Chapter 10 (commencing with line 28 Section 1900) of Division 2 of the Fish and Game Code), unless line 29 the development within the habitat has been authorized by a permit line 30 or approval issued pursuant to federal or other state law. line 31 (J) Lands under conservation easement.
line 32 (7) The development is not located on a site where an y of the line 33 following apply:
line 34 (A) The de velopment w ould require the demolition of the line 35 following types of housing:
line 36 (i) Housing that is subject to a recorded co venant, ordinance, line 37 or la w that restricts rents to le vels af fordable to persons and line 38 families of moderate, low, or very low income.
line 39 (ii) Housing that is subject to any form of rent or price control line 40 through a public entity’s valid exercise of its police power. 98 SB 423 — 13 —
line 1 (iii) Housing that has been occupied by tenants within the past line 2 10 years.
line 3 (B) The site was previously used for housing that was occupied line 4 by tenants that w as demolished within 10 years before the line 5 development proponent submits an application under this section. line 6 (C) The development would require the demolition of a historic line 7 structure that w as placed on a national, state, or local historic line 8 register.
line 9 (D) The property contains housing units that are occupied by line 10 tenants, and units at the property are, or were, subsequently offered line 11 for sale to the general public by the subdivider or subsequent owner line 12 of the property.
line 13 (8) Except as pro vided in paragraph (9), a proponent of a line 14 development project approved by a local government pursuant to line 15 this section shall require in contracts with construction contractors, line 16 and shall certify to the local go vernment, that the follo wing line 17 standards specified in this paragraph will be met in project line 18 construction, as applicable:
line 19 (A) A development that is not in its entirety a public w ork for line 20 purposes of Chapter 1 (commencing with Section 1720) of Part 7 line 21 of Di vision 2 of the Labor Code and appro ved by a local line 22 government pursuant to Article 2 (commencing with Section line 23 65912.110) or Article 3 (commencing with Section 65912.120) line 24 shall be subject to all of the following:
line 25 (i) All construction workers employed in the e xecution of the line 26 development shall be paid at least the general pre vailing rate of line 27 per diem w ages for the type of w ork and geographic area, as line 28 determined by the Director of Industrial Relations pursuant to line 29 Sections 1773 and 1773.9 of the Labor Code, e xcept that line 30 apprentices registered in programs appro ved by the Chief of the line 31 Division of Apprenticeship Standards may be paid at least the line 32 applicable apprentice prevailing rate.
line 33 (ii) The development proponent shall ensure that the prevailing line 34 wage requirement is included in all contracts for the performance line 35 of the work for those portions of the de velopment that are not a line 36 public work.
line 37 (iii) All contractors and subcontractors for those portions of the line 38 development that are not a public work shall comply with both of line 39 the following:
98 — 14 — SB 423
line 1 (I) Pay to all construction w orkers employed in the e xecution line 2 of the work at least the general prevailing rate of per diem wages, line 3 except that apprentices re gistered in programs appro ved by the line 4 Chief of the Division of Apprenticeship Standards may be paid at line 5 least the applicable apprentice prevailing rate. line 6 (II) Maintain and v erify payroll records pursuant to Section line 7 1776 of the Labor Code and mak e those records a vailable for line 8 inspection and copying as provided in that section. This subclause line 9 does not apply if all contractors and subcontractors performing line 10 work on the development are subject to a project labor agreement line 11 that requires the payment of pre vailing wages to all construction line 12 workers emplo yed in the e xecution of the de velopment and line 13 provides for enforcement of that obligation through an arbitration line 14 procedure. F or purposes of this subclause, “project labor line 15 agreement” has the same meaning as set forth in paragraph (1) of line 16 subdivision (b) of Section 2500 of the Public Contract Code. line 17 (B) (i) The obligation of the contractors and subcontractors to line 18 pay prevailing wages pursuant to this paragraph may be enforced line 19 by any of the following:
line 20 (I) The Labor Commissioner through the issuance of a ci vil line 21 wage and penalty assessment pursuant to Section 1741 of the Labor line 22 Code, which may be re viewed pursuant to Section 1742 of the line 23 Labor Code, within 18 months after the completion of the line 24 development.
line 25 (II) An underpaid worker through an administrative complaint line 26 or civil action.
line 27 (III) A joint labor-management committee through a civil action line 28 under Section 1771.2 of the Labor Code.
line 29 (ii) If a civil wage and penalty assessment is issued pursuant to line 30 this paragraph, the contractor, subcontractor, and surety on a bond line 31 or bonds issued to secure the payment of w ages covered by the line 32 assessment shall be liable for liquidated damages pursuant to line 33 Section 1742.1 of the Labor Code.
line 34 (iii) This paragraph does not apply if all contractors and line 35 subcontractors performing work on the de velopment are subject line 36 to a project labor agreement that requires the payment of prevailing line 37 wages to all construction w orkers employed in the e xecution of line 38 the development and provides for enforcement of that oblig ation line 39 through an arbitration procedure. F or purposes of this clause, line 40 “project labor agreement” has the same meaning as set forth in 98 SB 423 — 15 —
line 1 paragraph (1) of subdi vision (b) of Section 2500 of the Public line 2 Contract Code.
line 3 (C) Notwithstanding subdivision (c) of Section 1773.1 of the line 4 Labor Code, the requirement that employer payments not reduce line 5 the obligation to pay the hourly straight time or o vertime wages line 6 found to be pre vailing does not apply to those portions of line 7 development that are not a public work if otherwise provided in a line 8 bona fide collective bargaining agreement covering the worker. line 9 (D) The requirement of this paragraph to pay at least the general line 10 prevailing rate of per diem w ages does not preclude use of an line 11 alternative workweek schedule adopted pursuant to Section 511 line 12 or 514 of the Labor Code.
line 13 (E) A development of 50 or more housing units approved by a line 14 local go vernment pursuant to this section shall meet all of the line 15 following labor standards:
line 16 (i) The development proponent shall require in contracts with line 17 construction contractors and shall certify to the local government line 18 that each contractor of any tier who will employ construction craft line 19 employees or will let subcontracts for at least 1,000 hours shall line 20 satisfy the requirements in clauses (ii) and (iii). A construction line 21 contractor is deemed in compliance with clauses (ii) and (iii) if it line 22 is signatory to a valid collective bargaining agreement that requires line 23 utilization of re gistered apprentices and e xpenditures on health line 24 care for employees and dependents.
line 25 (ii) A contractor with construction craft employees shall either line 26 participate in an apprenticeship program approved by the California line 27 Division of Apprenticeship Standards pursuant to Section 3075 of line 28 the Labor Code, or request the dispatch of apprentices from a line 29 state-approved apprenticeship program under the terms and line 30 conditions set forth in Section 1777.5 of the Labor Code. A line 31 contractor without construction craft emplo yees shall sho w a line 32 contractual oblig ation that its subcontractors comply with this line 33 clause.
line 34 (iii) Each contractor with construction craft emplo yees shall line 35 make health care e xpenditures for each emplo yee in an amount line 36 per hour w orked on the de velopment equivalent to at least the line 37 hourly pro rata cost of a Co vered California Platinum le vel plan line 38 for two adults 40 years of age and tw o dependents 0 to 14 years line 39 of age for the Co vered California rating area in which the line 40 development is located. A contractor without construction craft 98 — 16 — SB 423
line 1 employees shall sho w a contractual oblig ation that its line 2 subcontractors comply with this clause. Qualifying e xpenditures line 3 shall be credited toward compliance with prevailing wage payment line 4 requirements set forth in this paragraph.
line 5 (iv) (I) The development proponent shall pro vide to the local line 6 government, on a monthly basis while its construction contracts line 7 on the development are being performed, a report demonstrating line 8 compliance with clauses (ii) and (iii). The reports shall be line 9 considered public records under the California Public Records Act line 10 (Division 10 (commencing with Section 7920.000) of Title 1), and line 11 shall be open to public inspection.
line 12 (II) A development proponent that fails to provide the monthly line 13 report shall be subject to a civil penalty for each month for which line 14 the report has not been pro vided, in the amount of 10 percent of line 15 the dollar value of construction work performed by that contractor line 16 on the development in the month in question, up to a maximum line 17 of ten thousand dollars ($10,000). Any contractor or subcontractor line 18 that fails to comply with clauses (ii) and (iii) shall be subject to a line 19 civil penalty of two hundred dollars ($200) per day for each worker line 20 employed in contravention of clauses (ii) and (iii). line 21 (III) Penalties may be assessed by the Labor Commissioner line 22 within 18 months of completion of the de velopment using the line 23 procedures for issuance of ci vil w age and penalty assessments line 24 specified in Section 1741 of the Labor Code, and may be reviewed line 25 pursuant to Section 1742 of the Labor Code. Penalties shall be line 26 deposited in the State Public Works Enforcement Fund established line 27 pursuant to Section 1771.3 of the Labor Code.
line 28 (v) Each construction contractor shall maintain and v erify line 29 payroll records pursuant to Section 1776 of the Labor Code. Each line 30 construction contractor shall submit payroll records directly to the line 31 Labor Commissioner at least monthly in a format prescribed by line 32 the Labor Commissioner in accordance with subparagraph (A) of line 33 paragraph (3) of subdi vision (a) of Section 1771.4 of the Labor line 34 Code. The records shall include a statement of fringe benefits. line 35 Upon request by a joint labor-management cooperation committee line 36 established pursuant to the Federal Labor Management Cooperation line 37 Act of 1978 (29 U.S.C. Sec. 175a), the records shall be pro vided line 38 pursuant to subdivision (e) of Section 1776 of the Labor Code. line 39 (vi) All construction contractors shall report an y change in line 40 apprenticeship program participation or health care e xpenditures 98 SB 423 — 17 —
line 1 to the local government within 10 business days, and shall reflect line 2 those changes on the monthly report. The reports shall be line 3 considered public records pursuant to the California Public Records line 4 Act (Division 10 (commencing with Section 7920.000) of Title 1) line 5 and shall be open to public inspection.
line 6 (vii) A joint labor -management cooperation committee line 7 established pursuant to the Federal Labor Management Cooperation line 8 Act of 1978 (29 U.S.C. Sec. 175a) shall ha ve standing to sue a line 9 construction contractor for failure to make health care expenditures line 10 pursuant to clause (iii) in accordance with Section 218.7 or 218.8 line 11 of the Labor Code.
line 12 (9) Notwithstanding paragraph (8), a development that is subject line 13 to approval pursuant to this section is exempt from any requirement line 14 to pay pre vailing w ages, use a w orkforce participating in an line 15 apprenticeship, or provide health care e xpenditures if it satisfies line 16 both of the following:
line 17 (A) The project consists of 10 or fewer units. line 18 (B) The project is not a public work for purposes of Chapter 1 line 19 (commencing with Section 1720) of P art 7 of Di vision 2 of the line 20 Labor Code.
line 21 (10) The development shall not be upon an e xisting parcel of line 22 land or site that is governed under the Mobilehome Residency Law line 23 (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 line 24 of Division 2 of the Ci vil Code), the Recreational Vehicle Park line 25 Occupancy Law (Chapter 2.6 (commencing with Section 799.20) line 26 of Title 2 of P art 2 of Di vision 2 of the Ci vil Code), the line 27 Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) line 28 of Division 13 of the Health and Safety Code), or the Special line 29 Occupancy Parks Act (Part 2.3 (commencing with Section 18860) line 30 of Division 13 of the Health and Safety Code).
line 31 (b) (1) (A) (i) Before submitting an application for a line 32 development subject to the streamlined, ministerial appro val line 33 process described in subdivision (c), the development proponent line 34 shall submit to the local government a notice of its intent to submit line 35 an application. The notice of intent shall be in the form of a line 36 preliminary application that includes all of the information line 37 described in Section 65941.1, as that section read on January 1, line 38 2020.
line 39 (ii) Upon receipt of a notice of intent to submit an application line 40 described in clause (i), the local go vernment shall eng age in a 98 — 18 — SB 423
line 1 scoping consultation re garding the proposed de velopment with line 2 any California Nati ve American tribe that is traditionally and line 3 culturally affiliated with the geographic area, as described in line 4 Section 21080.3.1 of the Public Resources Code, of the proposed line 5 development. In order to expedite compliance with this subdivision, line 6 the local government shall contact the Native American Heritage line 7 Commission for assistance in identifying an y California Nati ve line 8 American tribe that is traditionally and culturally affiliated with line 9 the geographic area of the proposed development. line 10 (iii) The timeline for noticing and commencing a scoping line 11 consultation in accordance with this subdivision shall be as follows:
line 12 (I) The local go vernment shall pro vide a formal notice of a line 13 development proponent’s notice of intent to submit an application line 14 described in clause (i) to each California Nati ve American tribe line 15 that is traditionally and culturally affiliated with the geographic line 16 area of the proposed development within 30 days of receiving that line 17 notice of intent. The formal notice pro vided pursuant to this line 18 subclause shall include all of the following:
line 19 (ia) A description of the proposed development. line 20 (ib) The location of the proposed development. line 21 (ic) An in vitation to eng age in a scoping consultation in line 22 accordance with this subdivision.
line 23 (II) Each California Native American tribe that receives a formal line 24 notice pursuant to this clause shall have 30 days from the receipt line 25 of that notice to accept the in vitation to eng age in a scoping line 26 consultation.
line 27 (III) If the local go vernment receives a response accepting an line 28 invitation to eng age in a scoping consultation pursuant to this line 29 subdivision, the local go vernment shall commence the scoping line 30 consultation within 30 days of receiving that response. line 31 (B) The scoping consultation shall recognize that California line 32 Native American tribes traditionally and culturally affiliated with line 33 a geographic area ha ve knowledge and expertise concerning the line 34 resources at issue and shall tak e into account the cultural line 35 significance of the resource to the culturally affiliated California line 36 Native American tribe.
line 37 (C) The parties to a scoping consultation conducted pursuant line 38 to this subdivision shall be the local government and any California line 39 Native American tribe traditionally and culturally affiliated with line 40 the geographic area of the proposed development. More than one 98 SB 423 — 19 —
line 1 California Nati ve American tribe traditionally and culturally line 2 affiliated with the geographic area of the proposed de velopment line 3 may participate in the scoping consultation. Ho wever, the local line 4 government, upon the request of any California Native American line 5 tribe traditionally and culturally affiliated with the geographic area line 6 of the proposed development, shall engage in a separate scoping line 7 consultation with that California Nati ve American tribe. The line 8 development proponent and its consultants may participate in a line 9 scoping consultation process conducted pursuant to this subdivision line 10 if all of the following conditions are met:
line 11 (i) The de velopment proponent and its consultants agree to line 12 respect the principles set forth in this subdivision. line 13 (ii) The development proponent and its consultants eng age in line 14 the scoping consultation in good faith.
line 15 (iii) The California Native American tribe participating in the line 16 scoping consultation approves the participation of the development line 17 proponent and its consultants. The California Nati ve American line 18 tribe may rescind its appro val at an y time during the scoping line 19 consultation, either for the duration of the scoping consultation or line 20 with respect to an y particular meeting or discussion held as part line 21 of the scoping consultation.
line 22 (D) The participants to a scoping consultation pursuant to this line 23 subdivision shall comply with all of the following confidentiality line 24 requirements:
line 25 (i) Section 7927.000.
line 26 (ii) Section 7927.005.
line 27 (iii) Subdivision (c) of Section 21082.3 of the Public Resources line 28 Code.
line 29 (iv) Subdivision (d) of Section 15120 of Title 14 of the line 30 California Code of Regulations.
line 31 (v) Any additional confidentiality standards adopted by the line 32 California Nati ve American tribe participating in the scoping line 33 consultation.
line 34 (E) The California En vironmental Quality Act (Di vision 13 line 35 (commencing with Section 21000) of the Public Resources Code) line 36 shall not apply to a scoping consultation conducted pursuant to line 37 this subdivision.
line 38 (2) (A) If, after concluding the scoping consultation, the parties line 39 find that no potential tribal cultural resource would be affected by line 40 the proposed development, the development proponent may submit 98 — 20 — SB 423
line 1 an application for the proposed development that is subject to the line 2 streamlined, ministerial approval process described in subdivision line 3 (c).
line 4 (B) If, after concluding the scoping consultation, the parties line 5 find that a potential tribal cultural resource could be af fected by line 6 the proposed de velopment and an enforceable agreement is line 7 documented between the California Native American tribe and the line 8 local government on methods, measures, and conditions for tribal line 9 cultural resource treatment, the development proponent may submit line 10 the application for a de velopment subject to the streamlined, line 11 ministerial approval process described in subdivision (c). The local line 12 government shall ensure that the enforceable agreement is included line 13 in the requirements and conditions for the proposed development. line 14 (C) If, after concluding the scoping consultation, the parties line 15 find that a potential tribal cultural resource could be af fected by line 16 the proposed de velopment and an enforceable agreement is not line 17 documented between the California Native American tribe and the line 18 local government regarding methods, measures, and conditions line 19 for tribal cultural resource treatment, the de velopment shall not line 20 be eligible for the streamlined, ministerial appro val process line 21 described in subdivision (c).
line 22 (D) For purposes of this paragraph, a scoping consultation shall line 23 be deemed to be concluded if either of the following occur:
line 24 (i) The parties to the scoping consultation document an line 25 enforceable agreement concerning methods, measures, and line 26 conditions to avoid or address potential impacts to tribal cultural line 27 resources that are or may be present.
line 28 (ii) One or more parties to the scoping consultation, acting in line 29 good f aith and after reasonable ef fort, conclude that a mutual line 30 agreement on methods, measures, and conditions to a void or line 31 address impacts to tribal cultural resources that are or may be line 32 present cannot be reached.
line 33 (E) If the de velopment or en vironmental setting substantially line 34 changes after the completion of the scoping consultation, the local line 35 government shall notify the California Nati ve American tribe of line 36 the changes and eng age in a subsequent scoping consultation if line 37 requested by the California Native American tribe. line 38 (3) A local go vernment may only accept an application for line 39 streamlined, ministerial approval pursuant to this section if one of line 40 the following applies:
98 SB 423 — 21 —
line 1 (A) A California Native American tribe that received a formal line 2 notice of the development proponent’s notice of intent to submit line 3 an application pursuant to subclause (I) of clause (iii) of line 4 subparagraph (A) of paragraph (1) did not accept the invitation to line 5 engage in a scoping consultation.
line 6 (B) The California Native American tribe accepted an invitation line 7 to engage in a scoping consultation pursuant to subclause (II) of line 8 clause (iii) of subparagraph (A) of paragraph (1) but substantially line 9 failed to eng age in the scoping consultation after repeated line 10 documented attempts by the local go vernment to eng age the line 11 California Native American tribe.
line 12 (C) The parties to a scoping consultation pursuant to this line 13 subdivision find that no potential tribal cultural resource will be line 14 affected by the proposed de velopment pursuant to subparagraph line 15 (A) of paragraph (2).
line 16 (D) A scoping consultation between a California Nati ve line 17 American tribe and the local go vernment has occurred in line 18 accordance with this subdi vision and resulted in agreement line 19 pursuant to subparagraph (B) of paragraph (2).
line 20 (4) A project shall not be eligible for the streamlined, ministerial line 21 process described in subdivision (c) if any of the following apply:
line 22 (A) There is a tribal cultural resource that is on a national, state, line 23 tribal, or local historic register list located on the site of the project. line 24 (B) There is a potential tribal cultural resource that could be line 25 affected by the proposed development and the parties to a scoping line 26 consultation conducted pursuant to this subdi vision do not line 27 document an enforceable agreement on methods, measures, and line 28 conditions for tribal cultural resource treatment, as described in line 29 subparagraph (C) of paragraph (2).
line 30 (C) The parties to a scoping consultation conducted pursuant line 31 to this subdi vision do not agree as to whether a potential tribal line 32 cultural resource will be affected by the proposed development. line 33 (5) (A) If, after a scoping consultation conducted pursuant to line 34 this subdi vision, a project is not eligible for the streamlined, line 35 ministerial process described in subdi vision (c) for an y or all of line 36 the following reasons, the local government shall provide written line 37 documentation of that f act, and an e xplanation of the reason for line 38 which the project is not eligible, to the de velopment proponent line 39 and to any California Native American tribe that is a party to that line 40 scoping consultation:
98 — 22 — SB 423
line 1 (i) There is a tribal cultural resource that is on a national, state, line 2 tribal, or local historic register list located on the site of the project, line 3 as described in subparagraph (A) of paragraph (4). line 4 (ii) The parties to the scoping consultation have not documented line 5 an enforceable agreement on methods, measures, and conditions line 6 for tribal cultural resource treatment, as described in subparagraph line 7 (C) of paragraph (2) and subparagraph (B) of paragraph (4). line 8 (iii) The parties to the scoping consultation do not agree as to line 9 whether a potential tribal cultural resource will be affected by the line 10 proposed de velopment, as described in subparagraph (C) of line 11 paragraph (4).
line 12 (B) The written documentation pro vided to a de velopment line 13 proponent pursuant to this paragraph shall include information on line 14 how the development proponent may seek a conditional use permit line 15 or other discretionary approval of the development from the local line 16 government.
line 17 (6) This section is not intended, and shall not be construed, to line 18 limit consultation and discussion between a local government and line 19 a California Nati ve American tribe pursuant to other applicable line 20 law, confidentiality pro visions under other applicable la w, the line 21 protection of religious exercise to the fullest extent permitted under line 22 state and federal law, or the ability of a California Native American line 23 tribe to submit information to the local government or participate line 24 in any process of the local government.
line 25 (7) For purposes of this subdivision:
line 26 (A) “Consultation” means the meaningful and timely process line 27 of seeking, discussing, and considering carefully the vie ws of line 28 others, in a manner that is cognizant of all parties’ cultural values line 29 and, where feasible, seeking agreement. Consultation between line 30 local governments and Native American tribes shall be conducted line 31 in a w ay that is mutually respectful of each party’ s sovereignty. line 32 Consultation shall also recognize the tribes’ potential needs for line 33 confidentiality with respect to places that ha ve traditional tribal line 34 cultural importance. A lead agenc y shall consult the tribal line 35 consultation best practices described in the “State of California line 36 Tribal Consultation Guidelines: Supplement to the General Plan line 37 Guidelines” prepared by the Office of Planning and Research. line 38 (B) “Scoping” means the act of participating in early discussions line 39 or in vestigations between the local go vernment and California line 40 Native American tribe, and the de velopment proponent if 98 SB 423 — 23 —
line 1 authorized by the California Native American tribe, regarding the line 2 potential effects a proposed development could have on a potential line 3 tribal cultural resource, as defined in Section 21074 of the Public line 4 Resources Code, or California Native American tribe, as defined line 5 in Section 21073 of the Public Resources Code.
line 6 (8) This subdivision shall not apply to any project that has been line 7 approved under the streamlined, ministerial appro val process line 8 provided under this section before the ef fective date of the act line 9 adding this subdivision.
line 10 (c) (1) If Notwithstanding any local law, if a local government’s line 11 planning director or an y equi valent local go vernment staf f, line 12 including all rele vant planning and permitting departments, line 13 equivalent position determines that a de velopment submitted line 14 pursuant to this section is consistent with the objecti ve planning line 15 standards specified in subdi vision (a) and pursuant to paragraph line 16 (3) of this subdivision, it the local government shall approve the line 17 development. Upon a determination that a development submitted line 18 pursuant to this section is in conflict with an y of the objecti ve line 19 planning standards specified in subdi vision (a), the local line 20 government staf f or rele vant local planning and permitting line 21 department that made the determination shall pro vide the line 22 development proponent written documentation of which standard line 23 or standards the de velopment conflicts with, and an e xplanation line 24 for the reason or reasons the de velopment conflicts with that line 25 standard or standards, as follows:
line 26 (A) Within 60 days of submittal of the development to the local line 27 government pursuant to this section if the de velopment contains line 28 150 or fewer housing units.
line 29 (B) Within 90 days of submittal of the development to the local line 30 government pursuant to this section if the de velopment contains line 31 more than 150 housing units.
line 32 (2) If the local government’s planning director or any equivalent line 33 local go vernment staf f equivalent position f ails to pro vide the line 34 required documentation pursuant to paragraph (1), the development line 35 shall be deemed to satisfy the objecti ve planning standards line 36 specified in subdivision (a).
line 37 (3) For purposes of this section, a de velopment is consistent line 38 with the objective planning standards specified in subdivision (a) line 39 if there is substantial evidence that would allow a reasonable person line 40 to conclude that the development is consistent with the objective 98 — 24 — SB 423
line 1 planning standards. The local government shall not determine that line 2 a development, including an application for a modification under line 3 subdivision (g), (h), is in conflict with the objecti ve planning line 4 standards on the basis that application materials are not included, line 5 if the application contains substantial e vidence that would allow line 6 a reasonable person to conclude that the development is consistent line 7 with the objective planning standards.
line 8 (4) For purposes of e valuating consistency with the objecti ve line 9 planning standards under this section, the local government shall line 10 not require a development proponent to provide consultant studies line 11 requiring presubmittal scope approval by the local government or line 12 other studies or materials that are unnecessary to ascertain line 13 consistency with the objective planning standards. line 14 (4) Upon submittal of an application for streamlined, ministerial line 15 approval pur suant to this section to the local go vernment, all line 16 departments of the local government that are required to issue an line 17 approval of the development prior to the granting of an entitlement line 18 shall comply with the requirements of this section within the time line 19 periods specified in paragraph (1).
line 20 (d) (1) Any design review of the development may be conducted line 21 by the local government’s planning commission or any equivalent line 22 board or commission responsible for design re view. That design line 23 review shall be objecti ve and be strictly focused on assessing line 24 compliance with criteria required for streamlined projects, as well line 25 as any reasonable objective design standards published and adopted line 26 by ordinance or resolution by a local jurisdiction before submission line 27 of a development application, and shall be broadly applicable to line 28 development within the jurisdiction. That design review shall be line 29 completed, and if the development is consistent with all objective line 30 standards, the local government shall approve the development as line 31 follows and shall not in an y way inhibit, chill, or preclude the line 32 ministerial appro val pro vided by this section or its ef fect, as line 33 applicable:
line 34 (A) Within 90 days of submittal of the development to the local line 35 government pursuant to this section if the de velopment contains line 36 150 or fewer housing units.
line 37 (B) Within 180 days of submittal of the de velopment to the line 38 local go vernment pursuant to this section if the de velopment line 39 contains more than 150 housing units.
98 SB 423 — 25 —
line 1 (2) If the de velopment is consistent with the requirements of line 2 subparagraph (A) or (B) of paragraph (9) of subdi vision (a) and line 3 is consistent with all objecti ve subdivision standards in the local line 4 subdivision ordinance, an application for a subdi vision pursuant line 5 to the Subdivision Map Act (Division 2 (commencing with Section line 6 66410)) shall be exempt from the requirements of the California line 7 Environmental Quality Act (Division 13 (commencing with Section line 8 21000) of the Public Resources Code) and shall be subject to the line 9 public oversight timelines set forth in paragraph (1). line 10 (3) If a local go vernment determines that a de velopment line 11 submitted pursuant to this section is in conflict with an y of the line 12 standards imposed pursuant to paragraph (1), it shall pro vide the line 13 development proponent written documentation of which objective line 14 standard or standards the de velopment conflicts with, and an line 15 explanation for the reason or reasons the de velopment conflicts line 16 with that objecti ve standard or standards consistent with the line 17 timelines described in paragraph (1) of subdivision (c). line 18 (e) (1) Notwithstanding an y other la w, a local go vernment, line 19 whether or not it has adopted an ordinance governing automobile line 20 parking requirements in multif amily de velopments, shall not line 21 impose automobile parking standards for a streamlined line 22 development that was approved pursuant to this section in any of line 23 the following instances:
line 24 (A) The development is located within one-half mile of public line 25 transit.
line 26 (B) The development is located within an architecturally and line 27 historically significant historic district.
line 28 (C) When on-street parking permits are required but not offered line 29 to the occupants of the development.
line 30 (D) When there is a car share vehicle located within one block line 31 of the development.
line 32 (2) If the development does not fall within any of the categories line 33 described in paragraph (1), the local government shall not impose line 34 automobile parking requirements for streamlined de velopments line 35 approved pursuant to this section that e xceed one parking space line 36 per unit.
line 37 (f) Notwithstanding any law , a local go vernment shall not line 38 require any of the following prior to approving a development that line 39 meets the requirements of this section:
98 — 26 — SB 423
line 1 (1) Studies, information, or other materials that do not pertain line 2 directly to determining whether the development is consistent with line 3 the objective planning standards applicable to the development. line 4 (2) (A) Compliance with any standards necessary to receive a line 5 postentitlement permit.
line 6 (B) This par agraph does not pr ohibit a local a gency fr om line 7 requiring compliance with any standar ds necessary to r eceive a line 8 postentitlement permit after a permit has been issued pursuant to line 9 this section.
line 10 (C) For purposes of this par agraph, “postentitlement permit” line 11 has the same meaning as pr ovided in subpar agraph (A) of line 12 paragraph (3) of subdivision (j) of Section 65913.3. line 13 (f)
line 14 (g) (1) If a local government approves a development pursuant line 15 to this section, then, notwithstanding any other law, that approval line 16 shall not e xpire if the project satisfies both of the follo wing line 17 requirements:
line 18 (A) The project includes public in vestment in housing line 19 affordability, beyond tax credits.
line 20 (B) At least 50 percent of the units are affordable to households line 21 making at or below 80 percent of the area median income. line 22 (2) (A) If a local government approves a development pursuant line 23 to this section, and the project does not satisfy the requirements line 24 of subparagraphs (A) and (B) of paragraph (1), that approval shall line 25 remain v alid for three years from the date of the final action line 26 establishing that approval, or if litigation is filed challenging that line 27 approval, from the date of the final judgment upholding that line 28 approval. Approval shall remain v alid for a project pro vided line 29 construction activity, including demolition and grading acti vity, line 30 on the development site has begun pursuant to a permit issued by line 31 the local jurisdiction and is in progress. F or purposes of this line 32 subdivision, “in progress” means one of the following:
line 33 (i) The construction has begun and has not ceased for more than line 34 180 days.
line 35 (ii) If the de velopment requires multiple b uilding permits, an line 36 initial phase has been completed, and the project proponent has line 37 applied for and is diligently pursuing a b uilding permit for a line 38 subsequent phase, pro vided that once it has been issued, the line 39 building permit for the subsequent phase does not lapse. 98 SB 423 — 27 —
line 1 (B) Notwithstanding subparagraph (A), a local government may line 2 grant a project a one-time, one-year e xtension if the project line 3 proponent can pro vide documentation that there has been line 4 significant progress toward getting the development construction line 5 ready, such as filing a building permit application. line 6 (3) If the de velopment proponent requests a modification line 7 pursuant to subdi vision (g), (h), then the time during which the line 8 approval shall remain v alid shall be e xtended for the number of line 9 days between the submittal of a modification request and the date line 10 of its final approval, plus an additional 180 days to allow time to line 11 obtain a b uilding permit. If litig ation is filed relating to the line 12 modification request, the time shall be further extended during the line 13 pendency of the litigation. The extension required by this paragraph line 14 shall only apply to the first request for a modification submitted line 15 by the development proponent.
line 16 (4) The amendments made to this subdi vision by the act that line 17 added this paragraph shall also be retroacti vely applied to line 18 developments approved prior to January 1, 2022. line 19 (g)
line 20 (h) (1) (A) A de velopment proponent may request a line 21 modification to a development that has been appro ved under the line 22 streamlined, ministerial approval process provided in subdivision line 23 (c) if that request is submitted to the local government before the line 24 issuance of the final building permit required for construction of line 25 the development.
line 26 (B) Except as provided in paragraph (3), the local government line 27 shall approve a modification if it determines that the modification line 28 is consistent with the objecti ve planning standards specified in line 29 subdivision (a) that were in effect when the original development line 30 application was first submitted.
line 31 (C) The local go vernment shall e valuate an y modifications line 32 requested pursuant to this subdi vision for consistenc y with the line 33 objective planning standards using the same assumptions and line 34 analytical methodology that the local government originally used line 35 to assess consistency for the de velopment that was approved for line 36 streamlined, ministerial approval pursuant to subdivision (c). line 37 (D) A guideline that was adopted or amended by the department line 38 pursuant to subdivision (m) (n) after a development was approved line 39 through the streamlined, ministerial approval process described in 98 — 28 — SB 423
line 1 subdivision (c) shall not be used as a basis to den y proposed line 2 modifications.
line 3 (2) Upon receipt of the de velopment proponent’s application line 4 requesting a modification, the local go vernment shall determine line 5 if the requested modification is consistent with the objecti ve line 6 planning standard and either appro ve or den y the modification line 7 request within 60 days after submission of the modification, or line 8 within 90 days if design review is required.
line 9 (3) Notwithstanding paragraph (1), the local go vernment may line 10 apply objective planning standards adopted after the development line 11 application was first submitted to the requested modification in line 12 any of the following instances:
line 13 (A) The development is revised such that the total number of line 14 residential units or total square footage of construction changes line 15 by 15 percent or more. The calculation of the square footage of line 16 construction changes shall not include underground space. line 17 (B) The development is revised such that the total number of line 18 residential units or total square footage of construction changes line 19 by 5 percent or more and it is necessary to subject the development line 20 to an objecti ve standard be yond those in ef fect when the line 21 development application w as submitted in order to mitig ate or line 22 avoid a specific, adv erse impact, as that term is defined in line 23 subparagraph (A) of paragraph (1) of subdi vision (j) of Section line 24 65589.5, upon the public health or safety and there is no feasible line 25 alternative method to satisfactorily mitigate or avoid the adverse line 26 impact. The calculation of the square footage of construction line 27 changes shall not include underground space.
line 28 (C) (i) Objective building standards contained in the California line 29 Building Standards Code (T itle 24 of the California Code of line 30 Regulations), including, b ut not limited to, b uilding plumbing, line 31 electrical, fire, and grading codes, may be applied to all line 32 modification applications that are submitted prior to the first line 33 building permit application. Those standards may be applied to line 34 modification applications submitted after the first building permit line 35 application if agreed to by the development proponent. line 36 (ii) The amendments made to clause (i) by the act that added line 37 clause (i) shall also be retroacti vely applied to modification line 38 applications submitted prior to January 1, 2022. line 39 (4) The local go vernment’s review of a modification request line 40 pursuant to this subdivision shall be strictly limited to determining 98 SB 423 — 29 —
line 1 whether the modification, including any modification to previously line 2 approved density bonus concessions or w aivers, modify the line 3 development’s consistency with the objective planning standards line 4 and shall not reconsider prior determinations that are not affected line 5 by the modification.
line 6 (h)
line 7 (i) (1) A local go vernment shall not adopt or impose an y line 8 requirement, including, b ut not limited to, increased fees or line 9 inclusionary housing requirements, that applies to a project solely line 10 or partially on the basis that the project is eligible to recei ve line 11 ministerial or streamlined approval pursuant to this section. line 12 (2) (A) A local go vernment shall issue a subsequent permit line 13 required for a de velopment appro ved under this section if the line 14 application substantially complies with the development as it was line 15 approved pursuant to subdi vision (c). Upon receipt of an line 16 application for a subsequent permit, the local go vernment shall line 17 process the permit without unreasonable delay and shall not impose line 18 any procedure or requirement that is not imposed on projects that line 19 are not approved pursuant to this section. The local government line 20 shall consider the application for subsequent permits based upon line 21 the objective standards specified in an y state or local la ws that line 22 were in ef fect when the original de velopment application w as line 23 submitted, unless the development proponent agrees to a change line 24 in objecti ve standards. Issuance of subsequent permits shall line 25 implement the appro ved development, and re view of the permit line 26 application shall not inhibit, chill, or preclude the de velopment. line 27 For purposes of this paragraph, a “subsequent permit” means a line 28 permit required subsequent to receiving approval under subdivision line 29 (c), and includes, b ut is not limited to, demolition, grading, line 30 encroachment, and building permits and final maps, if necessary. line 31 (B) The amendments made to subparagraph (A) by the act that line 32 added this subparagraph shall also be retroacti vely applied to line 33 subsequent permit applications submitted prior to January 1, 2022. line 34 (3) (A) If a public impro vement is necessary to implement a line 35 development that is subject to the streamlined, ministerial approval line 36 pursuant to this section, including, b ut not limited to, a bic ycle line 37 lane, sidewalk or w alkway, public transit stop, dri veway, street line 38 paving or overlay, a curb or gutter, a modified intersection, a street line 39 sign or street light, landscape or hardscape, an abo ve-ground or line 40 underground utility connection, a w ater line, fire h ydrant, storm 98 — 30 — SB 423
line 1 or sanitary sewer connection, retaining wall, and any related work, line 2 and that public improvement is located on land owned by the local line 3 government, to the e xtent that the public impro vement requires line 4 approval from the local go vernment, the local go vernment shall line 5 not exercise its discretion over any approval relating to the public line 6 improvement in a manner that would inhibit, chill, or preclude the line 7 development.
line 8 (B) If an application for a public impro vement described in line 9 subparagraph (A) is submitted to a local go vernment, the local line 10 government shall do all of the following:
line 11 (i) Consider the application based upon any objective standards line 12 specified in an y state or local la ws that were in ef fect when the line 13 original development application was submitted. line 14 (ii) Conduct its review and approval in the same manner as it line 15 would evaluate the public impro vement if required by a project line 16 that is not eligible to recei ve ministerial or streamlined appro val line 17 pursuant to this section.
line 18 (C) If an application for a public impro vement described in line 19 subparagraph (A) is submitted to a local go vernment, the local line 20 government shall not do either of the following:
line 21 (i) Adopt or impose an y requirement that applies to a project line 22 solely or partially on the basis that the project is eligible to receive line 23 ministerial or streamlined approval pursuant to this section. line 24 (ii) Unreasonably delay in its consideration, review, or approval line 25 of the application.
line 26 (i)
line 27 (j) (1) This section shall not affect a development proponent’s line 28 ability to use any alternative streamlined by right permit processing line 29 adopted by a local go vernment, including the pro visions of line 30 subdivision (i) of Section 65583.2.
line 31 (2) This section shall not pre vent a de velopment from also line 32 qualifying as a housing de velopment project entitled to the line 33 protections of Section 65589.5. This paragraph does not constitute line 34 a change in, but is declaratory of, existing law. line 35 (j)
line 36 (k) The California En vironmental Quality Act (Di vision 13 line 37 (commencing with Section 21000) of the Public Resources Code) line 38 does not apply to actions taken by a state agency, local government, line 39 or the San Francisco Bay Area Rapid Transit District to:
98 SB 423 — 31 —
line 1 (1) Lease, con vey, or encumber land o wned by the local line 2 government or the San Francisco Bay Area Rapid Transit District line 3 or to f acilitate the lease, con veyance, or encumbrance of land line 4 owned by the local government, or for the lease of land owned by line 5 the San Francisco Bay Area Rapid Transit District in association line 6 with an eligible TOD project, as defined pursuant to Section line 7 29010.1 of the Public Utilities Code, nor to an y decisions line 8 associated with that lease, or to pro vide financial assistance to a line 9 development that recei ves streamlined appro val pursuant to this line 10 section that is to be used for housing for persons and f amilies of line 11 very low, low, or moderate income, as defined in Section 50093 line 12 of the Health and Safety Code.
line 13 (2) Approve improvements located on land owned by the local line 14 government or the San Francisco Bay Area Rapid Transit District line 15 that are necessary to implement a de velopment that recei ves line 16 streamlined approval pursuant to this section that is to be used for line 17 housing for persons and f amilies of v ery low, low, or moderate line 18 income, as defined in Section 50093 of the Health and Safety Code. line 19 (k)
line 20 (l) For purposes of establishing the total number of units in a line 21 development under this chapter , a de velopment or de velopment line 22 project includes both of the following:
line 23 (1) All projects developed on a site, re gardless of when those line 24 developments occur.
line 25 (2) All projects developed on sites adjacent to a site developed line 26 pursuant to this chapter if, after January 1, 2023, the adjacent site line 27 had been subdi vided from the site de veloped pursuant to this line 28 chapter.
line 29 (l)
line 30 (m) For purposes of this section, the follo wing terms have the line 31 following meanings:
line 32 (1) “Affordable housing cost” has the same meaning as set forth line 33 in Section 50052.5 of the Health and Safety Code. line 34 (2) (A) Subject to the qualification provided by subparagraphs line 35 (B) and (C), “affordable rent” has the same meaning as set forth line 36 in Section 50053 of the Health and Safety Code. line 37 (B) For a development for which an application pursuant to this line 38 section was submitted prior to January 1, 2019, that includes 500 line 39 units or more of housing, and that dedicates 50 percent of the total line 40 number of units, before calculating any density bonus, to housing 98 — 32 — SB 423
line 1 affordable to households making at, or belo w, 80 percent of the line 2 area median income, affordable rent for at least 30 percent of these line 3 units shall be set at an affordable rent as defined in subparagraph line 4 (A) and “af fordable rent” for the remainder of these units shall line 5 mean a rent that is consistent with the maximum rent levels for a line 6 housing development that receives an allocation of state or federal line 7 low-income housing tax credits from the California Tax Credit line 8 Allocation Committee.
line 9 (C) For a de velopment that dedicates 100 percent of units, line 10 exclusive of a manager’s unit or units, to lower income households, line 11 “affordable rent” shall mean a rent that is consistent with the line 12 maximum rent levels stipulated by the public program pro viding line 13 financing for the development.
line 14 (3) “Department” means the Department of Housing and line 15 Community Development.
line 16 (4) “Development proponent” means the developer who submits line 17 a housing development project application to a local government line 18 under the streamlined, ministerial review process pursuant to this line 19 section.
line 20 (5) “Completed entitlements” means a housing de velopment line 21 that has received all the required land use approvals or entitlements line 22 necessary for the issuance of a building permit. line 23 (6) “Health care e xpenditures” include contrib utions under line 24 Section 401(a), 501(c), or 501(d) of the Internal Re venue Code line 25 and payments to ward “medical care, ” as defined in Section line 26 213(d)(1) of the Internal Revenue Code.
line 27 (7) “Housing development project” has the same meaning as in line 28 Section 65589.5.
line 29 (8) “Locality” or “local government” means a city, including a line 30 charter city, a county , including a charter county , or a city and line 31 county, including a charter city and county.
line 32 (9) “Moderate-income housing units” means housing units with line 33 an af fordable housing cost or af fordable rent for persons and line 34 families of moderate income, as that term is defined in Section line 35 50093 of the Health and Safety Code.
line 36 (10) “Objective planning standards” shall not include standards line 37 in the California Building Standards Code (T itle 24 of the line 38 California Code of Regulations), local building codes, fire codes, line 39 noise ordinances, other codes requiring detailed technical line 40 specifications, studies that are evaluated with subsequent permits, 98 SB 423 — 33 —
line 1 or other standards that are not reasonably ascertainable by the local line 2 government within the time limits set forth in subdivisions (c) and line 3 (d). Excluded objecti ve planning standards include, b ut are not line 4 limited to, construction logistics plans, plumbing plans, electrical line 5 plans, grading, excavation plans, geotechnical studies, and offsite line 6 public improvement plans.
line 7 (11)
line 8 (10) “Production report” means the information reported line 9 pursuant to subparagraph (H) of paragraph (2) of subdi vision (a) line 10 of Section 65400.
line 11 (12)
line 12 (11) “State agenc y” includes e very state office, officer , line 13 department, division, bureau, board, and commission, but does not line 14 include the California State Uni versity or the Uni versity of line 15 California.
line 16 (13)
line 17 (12) “Reporting period” means either of the following:
line 18 (A) The first half of the re gional housing needs assessment line 19 cycle.
line 20 (B) The last half of the regional housing needs assessment cycle. line 21 (14)
line 22 (13) “Urban uses” means an y current or former residential, line 23 commercial, public institutional, transit or transportation passenger line 24 facility, or retail use, or any combination of those uses. line 25 (m)
line 26 (n) The department may re view, adopt, amend, and repeal line 27 guidelines to implement uniform standards or criteria that line 28 supplement or clarify the terms, references, or standards set forth line 29 in this section. Any guidelines or terms adopted pursuant to this line 30 subdivision shall not be subject to Chapter 3.5 (commencing with line 31 Section 11340) of Part 1 of Division 3 of Title 2 of the Government line 32 Code.
line 33 (n)
line 34 (o) The determination of whether an application for a line 35 development is subject to the streamlined ministerial appro val line 36 process provided by subdivision (c) is not a “project” as defined line 37 in Section 21065 of the Public Resources Code.
line 38 (o)
line 39 (p) Notwithstanding any law, for purposes of this section and line 40 for development on property owned by or leased to the state, the 98 — 34 — SB 423
line 1 Department of General Services may act in the place of a locality line 2 or local government, at the discretion of the department. line 3 (p)
line 4 (q) The pro visions of clause (iii) of subparagraph (E) of line 5 paragraph (8) of subdivision (a) relating to health care expenditures line 6 are distinct and se verable from the remaining pro visions of this line 7 section. Ho wever, the remaining portions of paragraph (8) of line 8 subdivision (a) are a material and integral part of this section and line 9 are not severable. If any provision or application of paragraph (8) line 10 of subdivision (a) is held invalid, this entire section shall be null line 11 and void.
line 12 (q)
line 13 (r) It is the polic y of the state that this section be interpreted line 14 and implemented in a manner to afford the fullest possible weight line 15 to the interest of, and the appro val and pro vision of, increased line 16 housing supply.
line 17 SEC. 3. The Legislature finds and declares that ensuring access line 18 to affordable housing is a matter of state wide concern and is not line 19 a municipal affair as that term is used in Section 5 of Article XI line 20 of the California Constitution. Therefore, Section 2 of this act line 21 amending Section 65913.4 of the Government Code applies to all line 22 cities, including charter cities.
line 23 SEC. 4. No reimbursement is required by this act pursuant to line 24 Section 6 of Article XIIIB of the California Constitution because line 25 a local agency or school district has the authority to le vy service line 26 charges, fees, or assessments sufficient to pay for the program or line 27 level of service mandated by this act or because costs that may be line 28 incurred by a local agenc y or school district will be incurred line 29 because this act creates a ne w crime or infraction, eliminates a line 30 crime or infraction, or changes the penalty for a crime or infraction, line 31 within the meaning of Section 17556 of the Government Code, or line 32 changes the definition of a crime within the meaning of Section 6 line 33 of Article XIII B of the California Constitution.
O
98 SB 423 — 35 —
CONSENT CALENDAR 8.J.
DATE: May 23, 2023
TO: Mayor and Members of the City Council
FROM: Michael Malone, City Manager
Natalie Peterson, Assistant to the City Manager
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A HOMELESS HOUSING, ASSISTANCE, AND PREVENTION PROGRAM ROUND 2 AND ROUND 3 MEMORANDUM OF UNDERSTANDING WITH THE COMMUNITY ACTION
PARTNERSHIP OF SOLANO, JOINT POWERS AUTHORITY IN THE AMOUNT OF $924,085.49 AND PROVIDE NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2022-23 BUDGET (STEP 1)
RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a Homeless Housing, Assistance, and Prevention Program Round 2 and Round 3 Memorandum of Understanding with the Community Action Partnership of Solano, Joint Powers Authority in the amount of $924,085.49 and provide notice of intent to amend the fiscal year 2022-23 budget
REASONS FOR RECOMMENDATION
The Vallejo Navigation Center is a 125 bed Navigation Center that will operate as a “one-stop-shop” center for unhoused individuals residing in Vallejo and Solano County. The Vallejo City Council approved the project in 2018 and has been working towards bringing this much needed project to Vallejo. By accepting these funds, an additional $924,085.49 will be allocated towards the construction of the Navigation Center.
BACKGROUND AND DISCUSSION
The Vallejo City Council approved the Vallejo Homeless Navigation Center Project in 2018 and has showed continued support for the construction and operation of the project. In an effort to continue the construction of the project, the City of Vallejo responded to a Request for Proposals (RFP) to develop a New Navigation Center utilizing funding from Homeless Housing, Assistance, and Prevention Program (HHAP) Round 2, HHAP Round 3 and Emergency Solutions Grant CARES Act (ESG-CV) funding from the Community Action Partners of Solano, Joint Powers Authority (CAP Solano JPA). The City of Vallejo submitted their RFP response on April 12, 2023.
On April 24, 2023 the City received notice of intent to recommend funding and at a CAP Solano JPA meeting on April 27, 2023 CAP Solano JPA unanimously voted to award the City of Vallejo $513,245 of HHAP2, $410,840.49 of HHAP3 and $158,496.51 of ESG-CV funding to be used towards the construction of the Nav Center.
The Nav Center will offer 125 beds for temporary shelter paired with supportive services for unhoused individuals residing in Vallejo and Solano County. The growing concerns and complex challenges that for persons facing homelessness is a high priority for Vallejo and the Navigation Center will provide shelter and services such as trauma-informed case management, housing navigation, peer advocate support and referrals for medical, dental, and mental health care.
Date: May 23, 2023
Subject: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A HOMELESS HOUSING, ASSISTANCE, AND PREVENTION PROGRAM ROUND 2 AND ROUND 3 MEMORANDUM OF UNDERSTANDING WITH THE COMMUNITY
ACTION PARTNERSHIP OF SOLANO, JOINT POWERS AUTHORITY IN THE AMOUNT OF $924,085.49 AND PROVIDE NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2022-23 BUDGET (STEP 1)
The project site is a vacant property, single parcel totaling approximately 50,094 square feet (1.15 acres) located at 1937 Broadway Street, Vallejo. The site selected meets the general suitability requirements for proposed Navigation Center use, and is located on a major arterial road, with easy public safety access. It is within 0.245 miles of major public transit, and within 0.75 miles of a major medical facility. Adequate electrical, water, sewer and storm drainage connections are in place to properly equip the site for comprehensive services. The 24-hour Navigation Center will be a "one-stop-shop" that will provide services specific to each individual with the needed shelter critical to helping transition to their next housing opportunity. The Nav Center is low barrier and will serve adults 18 years or older who are able to self-care, as defined by a medical provider. Individuals will be referred to by partnering agencies, such as Resource Connect Solano (RCS) and progress will be tracked using the Homeless Management Information System (HMIS).
FISCAL IMPACT
This action provides the Council’s Notice of Intent to amend the fiscal year 2022-23 budget by $924,085.49 if the grant is approved (step 1). A subsequent action will be necessary to amend the budget accordingly (step 2).
ENVIRONMENTAL REVIEW
This action does not require environmental review.
ATTACHMENTS
1. Resolution - Execute HHAP 2 and 3 MOU with CAP Solano JPA CAO Stamp
2. Vallejo HHAP2 and 3 MOU Nav Center FINAL CAO Stamp
CONTACT
Michael Malone, City Manager (707) 648-4308
[email protected]
RESOLUTION NO. 23- _____ N.C.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AUTHORIZING THE
CITY MANAGER TO EXECUTE A HOMELESS HOUSING, ASSISTANCE, AND PREVENTION PROGRAM ROUND 2 AND ROUND 3 MEMORANDUM OF
SUNDERSTANDING WITH THE COMMUNITY ACTION PARTNERSHIP OF SOLANO, JOINT POWERS AUTHORITY IN THE AMOUNT OF $924,085.49 AND PROVIDE NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2022-23 BUDGET
WHEREAS, the City of Vallejo responded to a Request for Proposals from the Community Action Partners of Solano, Joint Powers Authority (CAP Solano JPA) for the Homeless Housing, Assistance, Prevention Program (HHAP) Round 2 and Round 3 and Emergency Solutions Grant CARES Act Funding for a total of $1,082,582.00 to be used towards the construction of the Vallejo Homeless Navigation Center; and
WHEREAS, on April 27, 2023 CAP Solano JPA awarded the City $513,245.00 of HHAP Round 2, $410,840.49 of HHAP Round 3 and $158,496.51 of ESG-CV funding for a total of $1,082,582.00; and
WHEREAS, at its regular meeting held on May 23, 2023, notice of intent to amend the general fund budget for fiscal year 2022-23 to recognize the HHAP Round 2 and Round 3 grant revenue and authorize the expenditure of funds for the Vallejo Navigation Center was provided by the City Council.
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby authorize the City Manager or his designee to execute the Homeless Housing, Assistance, and Prevention Round 2 and Round 3 Memorandum of Understanding with the Community Action Partnership of Solano, Joint Powers Authority in the amount of $924,085.49 BE IT FURTHER RESOLVED that the City Council does hereby give its notice of intention to amend the general fund budget for fiscal year 2022-2023 by $924,085.49.
Adopted by the City Council of the City of Vallejo at a regular meeting held on May 23, 2023 with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
ROBERT MCCONNELL, MAYOR
ATTEST:
______________________________________
DAWN G. ABRAHAMSON, CITY CLERK
COMMUNITY ACTION PARTNERSHIP SOLANO
JOINT POWERS AUTHORITY
HOMELESS HOUSING, ASSISTANCE, AND PREVENTION PROGRAM
ROUND 2 AND ROUND 3 FUNDING
MEMORANDUM OF UNDERSTANDING
BETWEEN
COMMUNITY ACTION PARTNERSHIP OF SOLANO, JOINT POWERS AUTHORITY AND
CITY OF VALLEJO
This MEMORANDUM OF UNDERSTANDING (MOU) is made on May 23, 2023 by and between CITY OF VALLEJO, INC. (“CITY OF VALLEJO”), a municipal corporation, and Community Action Partnership of Solano, Joint Powers Authority (“CAP Solano JPA”), a joint powers authority of Solano County, together referred to as the “Party” or “Parties” in this agreement.
Whereas, CAP Solano JPA has received funding from the California Business, Consumer Services and Housing Agency (“BCSH”) under the Homeless Housing, Assistance, and Prevention Program Round 2 (“HHAP2”) to support continued efforts to build on regional coordination developed through previous rounds of funding of the Homelessness Emergency Aid Program and COVID-19 funding to reduce homelessness in the Vallejo/Solano Continuum of Care (“CoC”) service area; and
Whereas, CAP Solano JPA has received funding from the California Business, Consumer Services and Housing Agency (“BCSH”) under the Homeless Housing, Assistance, and Prevention Program Round 3 (“HHAP3”) to support continued efforts to build on regional coordination developed through previous rounds of funding of the Homelessness Emergency Aid Program and COVID-19 funding to reduce homelessness in the Vallejo/Solano Continuum of Care (“CoC”) service area; Whereas, CITY OF VALLEJO responded to a Request for Proposals to develop a New Navigation Center and was recommended for funding utilizing HHAP2, HHAP3, and Emergency Solutions Grant CARES Act (ESG-CV); and
Whereas, CAP Solano JPA now wishes to contract with CITY OF VALLEJO to develop a New Navigation Center that will offer 125 beds for temporary shelter paired with supportive services for unhoused Vallejo and Solano County residents; and CAP Solano JPA
1000 Webster St.
Fairfield, CA 94533
(707) 428-7609
capsolanojpa.org
JPA Board of Directors
Mitch Mashburn, Chair
Solano County
Trevor Macenski
Kari Birdseye
City of Benicia
Steve Bird
Don Hendershot
City of Dixon
Rick Vaccaro
Doriss Panduro
City of Fairfield
Ron Kott
Edwin Okamura
City of Rio Vista
Alma Hernandez
Mike Hudson
City of Suisun City
John Vasquez
Solano County
Roy Stockton
Jason Roberts
City of Vacaville
Rozzana Verder-Aliga
Mina Loera-Diaz
City of Vallejo
COMMUNITY ACTION PARTNERSHIP SOLANO
JOINT POWERS AUTHORITY
Whereas, CITY OF VALLEJO wishes to develop and operate a Navigation Center to service homeless individuals or individuals at risk of homelessness in the Vallejo/Solano Continuum of Care (“CoC”) service area.
NOW THEREFORE, the parties hereby agree as follows:
CITY OF VALLEJO’S OBLIGATIONS
•CITY OF VALLEJO agrees to develop the awarded project pursuant to this MOU for the benefit of homeless or those at risk of homelessness in Solano County. •CITY OF VALLEJO agrees to work with CAP Solano JPA and/or its Fiscal Agent in order to facilitate the evaluation of the effectiveness of the programs and to provide information on the progress of the project.
•CITY OF VALLEJO agrees to designate a primary staff member as the point of contact for the purposes of the administration of this MOU.
•CITY OF VALLEJO agrees to expend all HHAP2 and HHAP3 funds and provide the services and activities outlined in Attachment A, Scope of Work/Project Description, on or before June 30, 2026 (“Expenditure Deadline”). “Expended” means all HHAP2 and HHAP3 funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstanding. •CITY OF VALLEJO agrees that expenses incurred or expended prior to the Effective Date or after the Expenditure Deadline shall not be eligible for reimbursement under this MOU and if paid to CITY OF VALLEJO, must be returned to CAP Solano JPA.
•CITY OF VALLEJO agrees to accept referrals through Resource Connect Solano (RCS), the Vallejo/Solano CoC Coordinated Entry System, except when providing services to those who are housed but currently at risk of homelessness, for a minimum of 13 beds, proportionate to the amount of JPA funding for construction. CITY OF VALLEJO will notify RCS when JPA funded beds are available and coordinate with RCS on referral procedures.
•CITY OF VALLEJO agrees to verify that all participants assisted during the term of this MOU are Solano County residents.
COMMUNITY ACTION PARTNERSHIP SOLANO
JOINT POWERS AUTHORITY
•CITY OF VALLEJO agrees to provide all documentation of the services and activities outlined in Attachment A, Scope of Work/Project Description including documentation that services and activities are eligible per BCSH requirements and this MOU.
•CITY OF VALLEJO agrees to provide monthly written progress reports throughout the term of the agreement, documenting efforts to provide services outlined in Attachment A, Scope of Work/Project Description and expenditure reports containing expenditure details for the provision of services as outlined in Attachment B, Reporting Requirements.
•CITY OF VALLEJO agrees to provide quarterly verbal and/or written progress reports to the CAP Solano JPA Board during a regularly scheduled Cap Solano JPA Board meeting, as requested. •CITY OF VALLEJO agrees to provide any additional information and clarification to determine the reasonableness and eligibility of all costs to be paid with funds made available by this MOU requested by CAP Solano JPA during the term of this MOU.
•CITY OF VALLEJO agrees that, in accordance with the Housing First Solano (HFS) Grievance Policy, any person participating in the Resource Connect Solano process or interacting with programs in the Solano County homeless system of care has the right to file a grievance based on the quality of service they receive. CITY OF VALLEJO further agrees to ensure everyone accessing services under this MOU receives an explanation of their right to file a grievance and receives a grievance form upon intake or upon accessing services and to collect and retain documentation evidencing these actions for everyone accessing services under this MOU.
•CITY OF VALLEJO must use the Homeless Management Information System (HMIS) to input, track, and report on client-level data for everyone accessing services under this MOU. •CITY OF VALLEJO must participate or cause its operator to participate, to the maximum extent possible, in Case Conferencing meetings held by Resource Connect Solano.
CAP Solano JPA’S OBLIGATIONS
•CAP Solano JPA agrees to provide fiscal support by means of a grant in the amount of:
oFive Hundred Thirteen Thousand Two Hundred and Forty-Five dollars and no cents ($513,245.00) of HHAP2 funding; and
oFour Hundred Ten Thousand Eight Hundred Forty dollars and Forty-Nine cents ($410,840.49) of HHAP3 funding to CITY OF VALLEJO for the purpose and project specified in Attachment A, Scope of Work/Project Description. The funds will be used for construction costs including architectural, project/construction management, and general construction costs (including, but not limited to
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items such as mobilization and grading, concrete forming, construction staking and erection of the prefabricated structures).
•In addition, CAP Solano JPA agrees to amend the current CITY OF VALLEJO ESG-CV MOU to allow use of One Hundred Fifty-Eight Thousand Four Hundred Ninety-Six dollars and Fifty-One cents ($158,496.51) for construction of the Navigation Center for a total award of One Million, Eighty Two Thousand, Five Hundred and Eighty Two dollars and no cents ($1,082,582.00). •CAP Solano JPA will provide payments according to the schedule and amounts listed in Attachment C, Payment Schedule. In no event shall payments exceed the total grant award of Nine Hundred Twenty Four Thousand Eighty-Five dollars and Forty-Nine cents ($924,085.49) for the term of this MOU. •CAP Solano JPA reserves the right to withhold any further payments, and move to terminate this MOU, and to recoup any funds the JPA determines are ineligible for disbursement in accordance with the terms of this MOU if the terms and conditions set forth in Attachment A & B are not met, including timely reporting.
•CAP Solano JPA agrees to designate a primary staff member as the point of contact for the purposes of the administration of this MOU.
•CAP Solano JPA agrees to provide technical assistance to CITY OF VALLEJO, as needed and/or requested during the term of this MOU.
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TERM AND TERMINATION
The effective date of this MOU is May 23, 2023 and will remain in force through June 30, 2026.
This MOU, and its attachments, constitutes the entire agreement between CAP Solano JPA and CITY OF VALLEJO and, except as otherwise specified in this MOU, may be amended only by both CAP Solano JPA and CITY OF VALLEJO’s agreement in writing, and executed by a duly authorized person of each party.
Either party may terminate this MOU upon thirty (30) days’ prior written notice to the other party. In the event of the failure of either party to meet the specified obligations, the agreement may be terminated within thirty (30) days’ notice of the failure, if the obligation is still not met at that time. At the time of termination, CAP Solano JPA may seek to recoup funds and will not release additional funds to CITY OF VALLEJO, as applicable.
Upon termination of the MOU, CITY OF VALLEJO will reimburse CAP Solano JPA for any funds not expended on the project by the termination date. At the date of termination, CAP Solano JPA will cease to be liable to CITY OF VALLEJO for any grant funds committed pursuant to this MOU.
OTHER PROVISIONS
Assignment: CITY OF VALLEJO shall not assign this MOU or monies due without the prior written consent of CAP Solano JPA.
Conflicts of Interest: CITY OF VALLEJO represents that CITY OF VALLEJO and/or CITY OF VALLEJO’s employees and/or their immediate families and/or Board of Directors and/or officers have no interest in the awarding of this MOU, including, but not limited to, other projects or independent contracts, and shall not acquire any interest, direct or indirect, including separate contracts for the work to be performed hereunder, which conflicts with the rendering of services under this MOU. CITY OF VALLEJO shall employ or retain no such person while rendering services under this MOU. Services rendered by CITY OF VALLEJO associates or employees shall not relieve CITY OF VALLEJO from personal responsibility under this clause.
CITY OF VALLEJO has an affirmative duty to disclose to CAP Solano JPA in writing the name(s) of any person(s) who have an actual, potential or apparent conflict of interest with the awarding of this MOU.
Audit. CAP Solano JPA or BCSH reserves the right to perform or cause to be performed a financial audit.
The audit shall be performed by an independent certified public accountant and may be paid with CAP Solano JPA administrative funds. CITY OF VALLEJO agrees to cooperate with any such audit. If there are audit findings, CITY OF VALLEJO must submit a detailed response acceptable to CAP Solano JPA and/or BCSH within 60 days from the date of the audit funding report.
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CAP Solano JPA reserves the right to audit data submissions prior to payment. Upon request, CITY OF VALLEJO agrees to provide copies of the supporting documentation based on the obligations of the MOU.
Non-Discrimination. CITY OF VALLEJO and its subcontractors shall not unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of sex (gender), race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave and any other characteristics covered under State and federal law. CITY OF VALLEJO and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment.
Document Retention. CITY OF VALLEJO agrees to retain documents related to the expenditure of grant funds and activities that were performed during the term of this MOU for a period of at least 5 years after the after the Expiration Date or with any period expressed in any applicable State or Federal Laws, whichever is greater.
CITY OF VALLEJO agrees that CAP Solano JPA or BCSH or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of this MOU. CITY OF VALLEJO agrees to provide relevant information requested. CITY OF VALLEJO agrees to permit access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with the HHAP2 and HHAP3 Statutes, NOFA and this MOU.
Drug-Free Workplace: By signing this agreement, CITY OF VALLEJO hereby certifies, under penalty of perjury under the laws of State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Government Code 8350 et seq.) and have or will provide a drug-free workplace.
Child/Adult Abuse: If services pursuant to this MOU will be provided to children and/or elder adults, CITY OF VALLEJO represents that CITY OF VALLEJO is knowledgeable of the Child Abuse and Neglect Reporting Act (Penal Code section 11164 et seq.) and the Elder Abuse and Dependent Adult Civil Protection Act (Welfare and Institutions Code section 15600 et seq.) requiring reporting of suspected abuse.
Compliance with Law. CITY OF VALLEJO agrees to comply with:
•All federal, state, and local licensing standards, all applicable accrediting standards, building codes, and any other standards or criteria established federally, by the State, or locally.
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•Maintaining at least the minimum State-required worker’s compensation for those employees who will perform the work or any part of it.
•Maintaining, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by CITY OF VALLEJO in performing under this MOU. •All applicable State and Federal laws and regulations during the term of this MOU.
Compliance with Monitoring/Performance Assessment: Authorized representatives of CAP Solano JPA and/or the State of California may inspect and/or audit CITY OF VALLEJO’s performance, place of business and/or records pertaining to this MOU.
CITY OF VALLEJO agrees to comply with all CAP Solano JPA program monitoring requirements and performance assessment activities including, but not limited to: semi-annual on-site review of files, financial documents, reports and other information in connection with grant funds and activities performed during or after the term of this MOU. CITY OF VALLEJO agrees to allow CAP Solano JPA to inspect work performed during the term of this MOU with reasonable notice during regular business hours and to provide information and documentation that the work being performed and that has been performed is in accordance with applicable Federal, State and/or local requirements and this MOU.
Insurance: Without limiting CITY OF VALLEJO’s obligation to indemnify CAP Solano JPA, CITY OF VALLEJO must procure and maintain for the duration of the MOU insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work under this MOU and the results of that work by CITY OF VALLEJO, CITY OF VALLEJO’s agents, representatives, employees or subcontractors.
Coverage must be at least as follows:
a. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00 01). b. Insurance Services Office Form Number CA 00 01 covering Automobile Liability, code1 (any auto). c. Worker’s compensation insurance as required by the State of California and Employer’s Liability Insurance.
CITY OF VALLEJO must maintain limits no less than:
a. General Liability:
(Including operations,
products and completed
operations.)
$1,000,000 Per occurrence for bodily injury, personal injury and property damage, or the full per occurrence
limits of the policy, whichever is greater. If
Commercial General Liability insurance or other
form with a general aggregate limit is used, either
the general aggregate limit shall apply separately
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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: As required by the State of California.
If CITY OF VALLEJO maintains higher limits than the minimums shown above, CAP Solano JPA is entitled to coverage for the higher limits maintained by CITY OF VALLEJO.
CITY OF VALLEJO must provide a financial guarantee satisfactory to CAP Solano JPA guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Any deductibles or self- insured retentions must be declared to and approved by CAP Solano JPA.
The general liability and automobile liability policies must contain, or be endorsed to contain, the following provisions:
a. CAP Solano JPA, its officers, officials, agents, employees, and volunteers must be included as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of CITY OF VALLEJO; and with respect to liability arising out of work or operations performed by or on behalf of CITY OF VALLEJO including materials, parts or equipment furnished in connection with such work or operations. General Liability coverage shall be provided in the form of an Additional Insured endorsement (CG 20 10 11 85 or both CG 20 10 and CG 20 37 if later ISO revisions are used or the equivalent) to CITY OF VALLEJO’s insurance policy, or as a separate owner’s policy. The insurance afforded to the additional insureds shall be at least as broad as that afforded to the first named insured. b. For any claims related to work performed under this MOU, CITY OF VALLEJO’s insurance coverage must be the primary insurance with respect to CAP Solano JPA, its officers, officials, agents, employees, and volunteers. Any insurance maintained by CAP Solano JPA, its officers, officials, agents, employees, or volunteers is in excess of CITY OF VALLEJO’s insurance and shall not contribute to it. c. Should any of the above described policies be cancelled prior to the policies’ expiration date, CITY OF VALLEJO agrees that notice of cancellation will be delivered. d. The CITY OF VALLEJO may provide for all or any portion of its obligations under Insurance Section of this MOU by commercial insurance, an authorized program of self-insurance under the State of California Government Code Section 990.4, or participation in a joint power authority established for the purpose
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to pool self-insured claims. The City of Vallejo must notify CAP Solano JPA of any material changes to its insurance or self-insurance programs from what existed on the effective date of this MOU.
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII unless otherwise acceptable to CAP Solano JPA.
Verification of Coverage
a. CITY OF VALLEJO must furnish CAP Solano JPA with original certificates and endorsements effecting coverage required by this MOU.
b. CAP Solano JPA must receive and approve all certificates and endorsements before work commences.
However, failure to do so shall not operate as a waiver of these insurance requirements. c. CAP Solano JPA reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time.
Indemnification: CITY OF VALLEJO will indemnify, hold harmless and assume the defense of CAP Solano JPA and CAP Solano JPA’s officers, employees, agents and elective and appointive boards (JPA Indemnitiees) from all claims, losses, damages, including property damages, personal injury, death and liability of every kind, directly or indirectly arising from CITY OF VALLEJO’s operations or from any persons directly or indirectly employed by, or acting as agent for CITY OF VALLEJO, excepting the sole negligence or willful misconduct of CAP Solano JPA Indemnitiees. This indemnification shall extend to claims, losses, damages, injury and liability for injuries occurring after completion of CITY OF VALLEJO’s services, as well as during the progress of rendering such services.
CAP Solano’s acceptance of CITY OF VALLEJO’s insurance does not relieve CITY OF VALLEJO from liability under this indemnification clause. This indemnification clause shall apply to all damages or claims for damages suffered by CITY OF VALLEJO’s operations regardless if any insurance is applicable or not.
CAP Solano JPA will indemnify, hold harmless and assume the defense of City of Vallejo and its officers, employees, agents and elective and appointive boards (City Indemnitiees) from all claims, losses, damages, including property damages, personal injury, death and liability of every kind, directly or indirectly arising from CAP Solano JPA’s operations or from any persons directly or indirectly employed by, or acting as agent for CAP Solano JPA, excepting the sole negligence or willful misconduct of City of Vallejo Indemnitiees. This indemnification shall extend to claims, losses, damages, injury and liability for injuries occurring after completion of CAP Solano JPA’s services, as well as during the progress of rendering such services.
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CITY OF VALLEJO’s acceptance of CAP Solano’s insurance does not relieve CAP Solano’s from liability under this indemnification clause. This indemnification clause shall apply to all damages or claims for damages suffered by CAP Solano’s operations regardless if any insurance is applicable or not.
Notice: Any notice necessary to the performance of this MOU shall be given in writing by personal delivery or by prepaid first-class mail.
If notice is given by personal delivery, notice is effective as of the date of personal delivery. If notice is given by mail, notice is effective as of the day following the date of mailing or the date of delivery reflected upon a return receipt, whichever occurs first.
Entire Agreement. This MOU constitutes the entire agreement between CAP Solano JPA and CITY OF VALLEJO. There are no terms, conditions or obligations made or entered into by the parties other than those contained in it.
Execution. The undersigned hereby warrants that s/he has the requisite Authority to enter into this MOU on behalf of the parties and thereby bind the parties to the terms and conditions of the same.
Community Action Partnership of Solano JPA, CITY OF VALLEJO, INC., a Joint Powers Authority a non-profit organization
By ____________________________ By __________________________ Mitch Mashburn, Board Chair Michael Malone, Vallejo City Manager Special Conditions: By signing this agreement, CAP Solano JPA hereby certifies that CITY OF VALLEJO is aware of and agrees to comply with the following conditions governing the use of HHAP2 and HHAP3 funds:
1. Activities funded with this grant must be in compliance or otherwise aligned with the Health and Safety Code Section 50490.
2. Services must be provided in Solano County, to homeless or at risk of homelessness persons within Solano County, in a manner consistent with the housing first practices described in California Code of Regulations, title 25, Section 8409(b)(1)-(6) and Welfare and Institutions Code Section 8255(b).
3. CITY OF VALLEJO agrees to provide CAP Solano JPA or BCSH access to HMIS data collected and entered into HMIS, upon request.
4. Have knowledge of the caveats and be aware of the penalties for violation of fraud and for obstruction of investigation as set forth in California Public Contract Code Section 10115.10.
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Attachment A
SCOPE OF WORK/PROJECT DESCRIPTION
Development of New Navigation Center
The Navigation Center (Nav Center) development project was approved by the City Council of the City of Vallejo in 2018 and the City has been diligently securing a site, necessary funding, designing the project, and acquiring partners to implement this much needed shelter project. The Nav Center will offer 125 beds for temporary shelter paired with supportive services for unhoused Vallejo and Solano County residents. The growing concerns and complex challenges for persons facing homelessness is a high priority to our City and the Navigation Center will provide shelter and services such as trauma-informed case management, housing navigation, peer advocate support and referrals to medical, dental, and mental health care.
The project site is vacant property, single parcel totaling approximately 50,094 square feet (1.15 acres) located at 1937 Broadway Street, Vallejo, California. The site selected meets the general suitability requirements for proposed Navigation Center use, and is located on a major arterial road, with easy public safety access. It is within 0.245 miles of major public transit, and within 0.75 miles of a major medical facility. Adequate electrical, water, sewer and storm drainage connections are in place to properly equip the site for comprehensive services. The 24-hour Navigation Center will be a "one-stop-shop" that will provide services specific to each individual with the needed shelter critical to helping transition to their next housing opportunity. The Nav Center is low barrier and will serve adults 18 years or older who are able to self-care, as defined by a medical provider. Individuals will be referred to by partnering agencies, such as Resource Connect Solano (RCS) and progress will be tracked using the Homeless Management Information System (HMIS).
Amenities include shelter beds for up to six months (with a potential of additional 6-month extension, up to 12 months total, if a housing plan is established and being pursued), 3-daily meals, individual case management, direct access to social and medical services, including job training and life-skills support.
Specific programming includes ongoing case management and preventative support measures to help curtail episodic homelessness, and consistent efforts to increase short-term and long-term supportive housing. Each person receiving services will receive coordination support to progress forward based on a mutually agreed upon Individual Service Plan (ISP). Integrating team members and partner(s) from multiple service sectors and disciplines will enable the Nav Center to reach individuals with complex needs and to help successfully transition out of homelessness. Currently 2 years of full operational funding has been acquired which will allow for continued opportunities to partner and apply for ongoing funds for years to come. Funding sources include the Housing and Urban Development Department’s (HUD) Community Development Block Grant and HOME grant funds which Vallejo receives annually. The City partners in grant research to continue to apply for and acquire federal, state, and local grant funding opportunities, pairing operational funding commitment from local healthcare partners and the continued pursuit of alternative
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funding sources to expand the Nav Center’s long-term access. Nothing in this MOU assures or guarantees the continued operation of the project beyond the term of the agreement if funding is not available.
Project Outcomes
Upon completion of Navigation Center construction, the City will:
•Provide immediate short-term sheltering with personalized support for up to 200 persons annually; •Provide treatment referrals, job referrals, and health care referrals for all participants; and •Assist 25% of participants to transition into Transitional or Permanent Supportive Housing within 12 months.
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Attachment B
REPORTING REQUIREMENTS
Commencing on the effective date of this agreement and through the term of the Agreement , CITY OF VALLEJO agrees to provide written progress and detailed expenditure reports, documenting efforts to provide and fund services outlined in Attachment A. Progress and expenditure reports are due monthly (unless requested in writing by the CAP Solano JPA to move to a less frequent reporting schedule, such as quarterly). Progress and expenditure reports are due no later than 30 days after the end of the month. If the 30 days falls on a weekend or holiday, the report is due the following business day. Reporting requirements shall continue until June 30, 2026.
All reports shall include, as applicable:
1. The number of homeless persons served;
2. The number of unsheltered homeless persons served and the average length of time spent as homeless before entry into the program or project;
3. The number of homeless persons exiting the program or project to permanent housing;
4. The number of persons that return to homelessness after exiting the program or project;
5. The number of persons at risk of homelessness served;
6. Percent increase in income from program entry and program exit for each person served;
7. Percent of persons served that were connected with non-cash benefits;
8. Percent of persons served that were connected to case management;
9. Percent of persons served that maintained permanent housing for at least one year, to the extent that tenant is responsive;
10. Percent of persons served that returned to homelessness after exit;
11. Status of expenditures to Project Budget submitted with application for funding. Include a written explanation for any variances;
12. Summary of ongoing collaborative efforts with the Regional Strategic Plan, Resource Connect Solano, Housing First Solano and/or other homeless programs including the alignment between HHAP2 and HHAP3 funding priorities and “Housing First” principles adopted by BCSH;
13. Source of referrals received and outcome;
14. Listing of attendance at Resource Connect Solano Case Conferencing and By Name List meetings, list of referrals received, rejected, and accepted. Of referrals rejected, provide reason/s and if further referral was provided. Of referrals accepted, provide outcome/s.
15. Listing of attendance at meetings pertaining to Coordinated Entry, including trainings and policy and procedure meetings.
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16. List of referrals received from Resource Connect Solano. Of referrals received, how many referrals were rejected, reason/s and if further referral was provided. How many referrals were accepted and provide outcome/s.
17. Description of the following services provided:
oSupportive services for the term of this MOU.
oSupplemental food provided.
oVoluntary case management services in keeping with the principles of Housing First. oRepresentative payee services to those who are chronically homeless and need assistance paying their bills.
oAssist to situationally homeless with securing additional income, either earned or unearned, through employment referrals or benefits access or educational opportunities. oMental health services by a licensed clinician provided on-site for those whose health conditions challenge their ability to meet additional terms of their lease. Intensive case management services will be provided in these cases.
oConnections made to mainstream benefits for which they are eligible. oStatus of each client served attaining and maintaining housing once temporary assistance is terminated.
18. Other measures that may be identified by CAP Solano JPA or BCSH during the term of this MOU.
Monthly progress reports are due as follows, unless otherwise directed in writing by the CAP Solano JPA:
Reporting Period Due Dates
Project Award – May 2023 June 30, 2023
June 2023 July 30, 2023
July 2023 August 30, 2023
August 2023 September 30, 2023
September 2023 October 30, 2023
October 2023 November 30, 2023
November 2023 December 30, 2023
December 2023 January 30, 2024
Same Schedule to be followed as applicable 2024
Same Schedule to be followed as applicable 2025
Same Schedule to be followed as applicable through July 30, 2026
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Requests for payments, monthly reporting, and other correspondence regarding this grant should be submitted electronically to: [email protected] Submissions may also be made by mail or fax to: CAP Solano JPA c/o City of Vacaville, Treasurer, 40 Eldridge Avenue, Suite 2, Vacaville, CA 95688 –or- 707- 449-5683, Attn: Housing Specialist
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Attachment C
Payment Schedule
1. Supporting documentation must be submitted with expenditure/reimbursement requests to include proof of payment and/or other documentation as requested. Expenditure reimbursement requests are due on the 30th of each month. If the 30th falls on the weekend or holiday, the report is due the following business day.
2. Grant funds requests shall be due in accordance with the guidelines of this payment schedule.
Expenditure Period Due Dates
Project Award – May 2023 June 30, 2023
June 2023 July 30, 2023
July 2023 August 30, 2023
August 2023 September 30, 2023
September 2023 October 30, 2023
October 2023 November 30, 2023
November 2023 December 30, 2023
December 2023 January 30, 2024
Same Schedule to be followed as applicable 2024
Same Schedule to be followed as applicable 2025
Same Schedule to be followed as applicable through July 30, 2026
3. The following requirements must be satisfied prior to disbursement:
a. There shall exist no condition, event, or act which would constitute a breach of the MOU between CAP Solano JPA and CITY OF VALLEJO.
b. Supporting documentation must be submitted with expenditure/reimbursement requests to include proof of payment and proof of client income, eligibility factors and/or other documentation as requested.
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4. Once approved, but not more frequently than one (1) time per quarter, funds will be disbursed no later than fifteen (15) business days. Checks may be mailed directly to the grantee or transferred by direct deposit.
5. In the event that CAP Solano JPA Fiscal Agent disapproves of a draw request, CITY OF VALLEJO will be provided a written notice of such disapproval and the reasons for such disapproval.
Requests for payments, monthly reporting, and other correspondence regarding this grant should be submitted electronically to: [email protected].
Submissions may also be made by mail to: CAP Solano JPA c/o City of Vacaville, Fiscal Agent, 40 Eldridge Avenue, Suite 2, Vacaville, CA 95688 Or fax (707) 449-5683, Attn: Housing Specialist CONSENT CALENDAR 8.K.
DATE: May 23, 2023
TO: Mayor and Members of the City Council
FROM: Terrance Davis, Assistant City Manager
Jason Ackley, Assistant to the City Manager
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE DISPLAY OF COMMEMERATIVE FLAGS AT CITY FACILITIES IN 2023
RECOMMENDATION
Adopt a resolution authorizing the display of the commemorative flags at City facilities in 2023.
REASONS FOR RECOMMENDATION
Per the Administrative Policy on the display of commemorative flags, City Council approval is needed to direct staff to fly commemorative flags on City property.
BACKGROUND AND DISCUSSION
On January 26, 2021, the City Council approved an Administrative Rule regarding the display of flags at City facilities. The Administrative Rule provides that the flying of commemorative flags at City facilities constitutes government speech, and thus a resolution is necessary to authorize the display of commemorative flags at City facilities. Per the Administrative Rule, these displays are limited to City Hall and Martin Luther King Jr.
Park/Marina Vista.
This year two flags are presented for consideration for City display during the month of June, 2023:
1. The Juneteenth flag at City Hall.
2. The Pride Flag at Martin Luther King Jr. Park/Marina Vista.
As part of the City's celebration of its relationship with Sister Cities, two flags are presented for consideration for City display during the following periods:
1. The flag of Baguio, Philippines from September 20-24, 2023 to celebrate the 30th Anniversary of that Sister City relationship.
2. The flag of Akashi, Japan from October 29 through November 2, 2023 to celebrate the 55th Anniversary of that Sister City relationship.
FISCAL IMPACT
There is no fiscal impact with the approval of this item.
ENVIRONMENTAL REVIEW
This action relates to the approval of displaying commemorative flags at City facilities. As such, this action is not a project under the California Environmental Quality Act (CEQA) and is thus exempt from CEQA pursuant
Date: May 23, 2023
Subject: ADOPT A RESOLUTION AUTHORIZING THE DISPLAY OF COMMEMERATIVE FLAGS AT CITY FACILITIES IN 2023
to CEQA Guideline section 15378.
ATTACHMENTS
1. Reso Authorizing Display of Commemorative Flags_CAO Stamp
2. Display of Flags at City Facilities - AR_final
CONTACT
Terrance Davis, Assistant City Manager (707) 648-4301
[email protected]
RESOLUTION NO. 23-_______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO
AUTHORIZING THE DISPLAY OF COMMEMORATIVE FLAGS AT CITY FACILITIES IN 2023
WHEREAS, on June 26, 2021, the City Council adopted an administrative rule governing the display of City commemorative flags on City-owned flag poles; and WHEREAS, the adopted administrative rule requires adoption of a resolution by the City Council to authorize the display of City commemorative flags; and WHEREAS, per the administrative rule, the display of such commemorative flags is limited to the flag poles at City Hall and Martin Luther King Jr. Park/Marina Vista; and WHEREAS, the City Council desires to express City support for Juneteenth and Pride by the display of commemorative flags; and
WHEREAS, the City Council desires to express City support for its relationship with its Sister Cities through the display of commemorative flags; and WHEREAS, the City Council desires that City staff display the flags as set forth below.
NOW THEREFORE, BE IT RESOLVED that the City Council hereby directs and authorizes the City Manager, consistent with the administrative rule governing the display of City commemorative flags on City flag poles, to display the following commemorative flags on the following dates and locations:
1. Juneteenth Month of June 2023 (MLK Park)
2. Pride Month of June 2023 (City Hall)
3. Baguio, Philippines September 20-24, 2023 (City Hall)
4. Akashi, Japan October 29-November 2, 2023
(City Hall)
PASSED AND ADOPTED by the City Council of the City of Vallejo at a regular meeting thereof held on May 23, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Robert H. McConnell
Sampayan
ATTEST:
Dawn Abrahamson, City Clerk
APPROVED AS TO FORM:
Veronica A.F. Nebb, City Attorney
City of Vallejo Administrative Rule 5.10 Page 1 of 3
Display of Flags at City Facilities
ADMINISTRATIVE RULE
SUBJECT: DISPLAY OF FLAGS AT CITY FACILITIES
A.R. Number: 5.10
Date Issued: 01/26/2021
Date Effective: 01/26/2021
1. Purpose
The purpose of this Policy is to establish guidelines for the display of flags at City Facilities. In adopting this Policy, City Council declares that City flagpoles or other areas where flags may be displayed at City Facilities are not intended to and shall not serve as a forum for free expression by the public.
The display of flags at City Facilities is solely intended to serve as an expression of the City’s speech and its official sentiments. This Policy applies to all City Facilities and employees, officers, and agents of the City.
2. Definitions
A. “California Flag”
The State Flag of California (also known as the “Bear Flag”), as defined by California Government Code Section 420.
B. “City Facility”
Any real property that is owned, operated, or maintained by the City.
C. “City Flag”
The official flag of the City of Vallejo, as defined by California Government Code Section 435.
D. “Commemorative Flag”
Any flag other than the U.S. Flag, the POW/MIA Flag, the California Flag, or City Flag.
E. “POW/MIA Flag”
The flag of the National League of POW/MIA Families, as defined by California Military and Veterans Code Sections 1830 and 1831.
City of Vallejo Administrative Rule 5.10 Page 2 of 3
Display of Flags at City Facilities
F. “U.S. Flag”
The flag of the United States, as defined by 4 USC 1.
3. Compliance with Applicable Law
Flags shall be displayed at City Facilities in accordance with this Policy and with all applicable federal and state law and local rules, including but not limited to Title 4, Chapter 1 of the United States Code and Sections 430 through 439 of the Government Code.
4. Displaying the U.S. Flag, POW/MIA Flag, California Flag, and City Flag
A. The City shall display the U.S. Flag and the California Flag at City Facilities.
B. The City Manager may display the City Flag at City Facilities.
C. The City Manager may display the POW/MIA Flag at City Facilities as a symbol of the City’s commemoration and recognition of the sacrifices of those members of the United States Armed Forces, as well as nonmilitary personnel and civilians from the United States, who remain prisoners of war or are missing in action.
5. Displaying Commemorative Flags
A. The City may display Co mmemorative Flags at City Facilities as “government speech” (as that phrase is used in People for the Ethical Treatment of Animals, Inc. v. Gittens (2005) 414 F.3d 23), only to the extent that City Council has adopted a resolution to authorize City staff t o implement the communication of a particular City message, in accordance with this Policy, or as specifically set forth herein. The display of Commemorative Flags shall solely serve as expression of the City’s official sentiments and shall not create or s erve as a forum for public expression. The City shall not display any Commemorative Flag based on a request from a third party.
B. City Council may schedule an action to be taken by the City Council, at a duly noticed public meeting, to consider approval of a resolution to authorize the display of a Commemorative Flag in accordance with this Policy. Such authorization will include a description of the flag to be displayed and the dates for display of the particular flag.
City of Vallejo Administrative Rule 5.10 Page 3 of 3
Display of Flags at City Facilities
C. Commemorative Flag(s) are authorized to be displayed at two City Facilities, a flagpole in front of City Hall or a flagpole at the Marina Vista Memorial Park, unless otherwise approved by City Council.
D. No more than one Commemorative Flag will be displayed at a City Facility at a time.
E. The dates for display of a Commemorative Flag shall be reasonably related to the City message that is intended to be communicated.
F. The resolution authorizing the display of a Commemorative Flag shall document compliance with all elements of this Policy, incl uding the City message to be communicated and the dates for display of the flag.
G. The City Manager may display a Commemorative Flag for one of the City’s sister cities to commemorate an event involving the sister city. The dates for the display shall correspond to the event being commemorated.
6. Order of Display of Flags
Flags shall be displayed at City Facilities in the following order from top to bottom:
A. The United States Flag shall be displayed in the first position of honor.
B. The California State Flag shall be displayed in the second position of honor.
C. The City Flag shall be displayed in the third position of honor.
D. The POW/MIA Flag shall be displayed in the fourth position of honor.
E. Commemorative Flags shall be displayed in the fifth position of honor.
ACTION ITEM 9.A.
DATE: May 23, 2023
TO: Mayor and Members of the City Council
FROM: Terrance Davis, Assistant City Manager
SUBJECT: ADOPT A RESOLUTION CONCERNING LEGISLATIVE PRIORITIES AND ADVOCACY
PROCEDURES
RECOMMENDATION
Receive an update on legislative advocacy priorities and adopt a Resolution amending legislative priorities and advocacy procedures for state and federal legislation for 2023.
REASONS FOR RECOMMENDATION
In April 2017, the City Council adopted Legislative Priorities for the 2017 legislative calendar year. The City Council directed staff to track legislative advocacy, present information on the City’s website and the City Manager’s Bi-Weekly Report, and provide an annual update and amendment recommendations to the Legislative Priorities and Advocacy Procedures document. Amended again in January 2019, staff recommends the City Council update the document for the 2021 legislative session.
BACKGROUND AND DISCUSSION
On April 11, 2017, the City Council adopted Resolution No. 17-034 N.C. establishing the first Legislative Priorities and Advocacy Procedures for the City of Vallejo, thus equipping staff with a tool to advise Legislators and professional advocates of the City’s position on important priorities. Staff recommends updates to the document annually to keep current with City Council goals and priorities, to remain proactive and timely in government decision making, and responsive to the needs of the community and municipal affairs.
Staff annually provides a copy of the document to the City’s local legislators, the California League of Cities and National League of Cities (NLoC), and Gonsalves and Sons, who advocate on behalf of cities through the State Legislature and U.S. Congress. Frequently, the League requests immediate action by member cities to contact representatives and submit position letters on pending legislation. Thus, the City's Legislative Priorities equips staff with the Council directive to support or oppose legislative proposals in a timely manner.
Previously Adopted Legislative Priorities
Historically, consistent with the City Council's goals, the City Council has adopted legislative priorities which fall into the following categories:
• General Government
• Human Rights
• Local Control
• Budget and Fiscal Sustainability
• Employee Relations and Worker’s Compensation
• Housing and Neighborhoods
• Transportation and Infrastructure
• Economic Development and Business Attraction
• Land-Use and Planning
Date: May 23, 2023
Subject: ADOPT A RESOLUTION CONCERNING LEGISLATIVE PRIORITIES AND ADVOCACY
PROCEDURES
• Healthy Community
• Environmental and Water Resources
• Public Safety and Emergency Response
2023 Priority Changes
Staff has reviewed the 2019 and 2021 documents and identified additions and modifications within the categories of Budget/Fiscal, Housing and Neighborhoods, Economic Development and Business Attraction, Environmental and Water Resources, and Public Safety and Emergency Response. Additionally, a “Healthy Community” category was added to support advocacy for subsidized meal programs, early childhood educations programs, youth enrichment programs and other community-oriented efforts.
The modifications made between previous policy documents and the proposed 2023 legislative priorities are outlined below.
General Government
• Support policies that enhance digital inclusion for underserved populations and seek to overcome the digital divide.
Budget/Fiscal
• Oppose efforts to eliminate or cap the tax-exempt status of municipal bonds.
Housing and Neighborhoods
• Support funding for the rehabilitation of existing affordable housing stock. • Support legislation that enhance the City’s ability to provide safe and healthy housing and integrate services for homeless and at-risk populations.
• Support funding to provide supportive services to those affected by homelessness and mental health issues.
• Support funding to remove and clean homeless encampments and to store homeless belongings in accordance with the law.
• Support legislation and programs to increase funding for transitional housing units and permanent supportive housing units to house homeless households.
• Support legislation that would amend federal and state Low-Income Housing Tax Credit Programs to support and deem competitive a mix of units in an affordable housing project, to promote sustainable and integrated communities.
Economic Development and Business Attraction
• Support federal and state tax incentives for development of Mare Island and underserved areas of Vallejo.
• Support lowering the threshold for approving a sales tax measure from a 2/3 majority of voters to 55 percent.
• Support funding for brownfield redevelopment.
• Support federal and state funding for work-study programs.
Date: May 23, 2023
Subject: ADOPT A RESOLUTION CONCERNING LEGISLATIVE PRIORITIES AND ADVOCACY
PROCEDURES
• Support funding for small business assistance, loan programs for business improvements and tax credits for businesses.
• Support efforts to incentivize large employers to locate in California Vallejo and Solano County.
Healthy Communities
• Support legislation and funding to increase access to subsidized meal programs for older adults and youth.
• Support funding and incentives for grocery stores, farmers markets and other vendors to locate in areas of Vallejo with limited access to affordable and nutritious food. • Support state and federal funding for opportunities to increase access to childcare in Vallejo. • Support funding for early childhood education programs. • Support legislation that creates options and opportunities for access to affordable healthcare. • Support funding for youth enrichment programs.
Environmental and Water Resources
• Support the state's goals for increased use of zero emission vehicles and support funding that goes towards the refueling infrastructure necessary for alternative fueled vehicles, with emphasis on Plug-in Electric Vehicles. Allow flexible standards for certain emergency and fleet vehicles that require traditional fuel due to technology, range, and terrain issues. • Support efforts to mitigate and adapt to climate change, including efforts to increase ability for vulnerable communities to respond to climate change and other natural disasters. • Support efforts to increase the use of zero-emission vehicles and low carbon fuels. • Support legislation that provide financial and technical assistance to low-income residents and communities of color to prevent and reduce disproportionate impacts of climate change.
Public Safety and Emergency Response
• Support reasonable criminal justice reform measures that are inclusive of concerns from prosecutors, victims' rights groups, and law enforcement agencies and do not hinder law enforcement's ability to protect the community.
• Support legislation that assists in preventing and reducing crime, such as drug prevention programs, mental health initiatives, enhanced protective equipment, and solutions for homelessness. • Support Office of Traffic Safety grant funding related to all aspects of traffic safety. • Seek funding to deal with the impacts of the Public Safety Realignment Act, Proposition 47 (Reduced Penalties for Some Crimes Initiative), and Proposition 57 (Public Safety and Rehabilitation). Support legislation that addresses wrap-around services such as substance abuse counseling, mental health services, and employment, medical, and housing assistance. • Support programs that help ensure public safety through assistance • and rehabilitation of individuals challenged with mental and/or substance abuse illnesses and increase awareness and training opportunities.
• Advocate for legislation and funding that would take advantage of the latest technology to prevent and resolve crimes, such as the ability to use surveillance cameras, automatic license plate recognition, and DNA testing.
• Support funding for non-traditional crime prevention activities, homeless assistance, and mental health initiatives at the county, state, and federal level.
Date: May 23, 2023
Subject: ADOPT A RESOLUTION CONCERNING LEGISLATIVE PRIORITIES AND ADVOCACY
PROCEDURES
• Advocate for federal and state funding for new public safety facilities for Vallejo.
The 2023 amended legislative priorities document works to better position the City to advocate on issues anticipated to materialize in the coming legislative years. Advocacy procedures in place since 2019 have largely remained the same. The one exception is the removal of the requirement to provide updates in the City Manager’s Bi-Weekly Report, since that publication has been replaced with the Vallejo Weekly.
The procedures continue to call for three broad advocacy positions:
• Support - legislation in this area advances the City’s goals and priorities. • Oppose - legislation in this area could potentially harm, negatively impact or undo positive momentum for the City, or does not advance the City’s goals and priorities. • Monitor – federal, and sometimes state, legislation the City should track, but may choose not to identify a position at this time.
Next Steps
Adopting this resolution would amend the existing Legislative Priorities document to add timely and pertinent priorities that would be provided to legislators and professional advocates, and to be used as a tool for staff to continue communications on important City priorities for the year ahead.
Staff will continue to return annually to ensure that the Legislative Priorities are consistent with the City Council’s identified goals and priorities. Any changes or legislative items not included within these principles will be directed to the City Council for consideration.
FISCAL IMPACT
There is no fiscal impact associated with this action. The Legislative Priorities and Advocacy Procedures for State and Federal Legislation are simply a framework for standardizing the process by which the City responds to pending or in progress legislative action.
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. 2023 Legislative Policy Reso CAO Stamp
2. Exhibit A - 2023 Legislative Priorities DRAFT
CONTACT
Terrance Davis, Assistant City Manager
[email protected] (707) 648-4301
RESOLUTION NO. ______ N.C.
A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF VALLEJO
ESTABLISHING LEGISLATIVE PRIORITIES FOR
THE CITY OF VALLEJO
WITH RESPECT TO STATE AND FEDERAL LEGISLATION
WHEREAS, several years of state and federal crises, economic uncertainty, state takeaways, and increasing unfunded mandates have led to the City of Vallejo needing to take an active role in state and federal government decisions; and
WHEREAS, now more than ever, it is necessary to advocate for those issues having a significant impact on local control, budget and fiscal sustainability, employee relations and worker’s compensation, housing and neighborhoods, transportation and infrastructure, economic development and business attraction, land-use and planning, environmental and water resources, and public safety; and WHEREAS, it is vital to the fiscal health and the self-determination of the City of Vallejo to effectively communicate with state legislators and federal representatives in order to favorably influence state and federal legislation, regulations and grant requests; and WHEREAS, the City of Vallejo’s legislative priorities are a focused, comprehensive agenda which strengthens local government, promotes city goals and priorities, and defends the city against legislative actions by state and federal governments that would weaken local government and/or take away traditional revenue sources; and
WHEREAS, the League of California Cities and the National League of Cities conducts a legislative analysis and advocacy program on behalf of cities for state issues and major federal issues, and professional lobbying firms provide a voice in government affairs on behalf of their clients; and WHEREAS, on April 11, 2017, the Vallejo City Council adopted, via Resolution No. 17-034 N.C. the first “Legislative Priorities and Advocacy Procedures for State and Federal Legislation” and continues to adopt updated versions annually; and
WHEREAS, the City of Vallejo desires to remain proactive and timely in the governmental decision making processes directly affecting the city by amending the “Legislative Priorities and Advocacy Procedures for State and Federal Legislation” identified in Exhibit “A”; and WHEREAS, a key component of the City’s legislative policy is advocacy through various methods, including but not limited to face-to-face meetings between City of Vallejo representatives and elected officials at the federal, state, and county levels, and coordination with similar efforts made by other local government entities.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Vallejo does hereby approve the amended “Legislative Priorities and Advocacy Procedures for State and Federal Legislation”,
as set forth in Exhibit “A”, and authorizes the Mayor, City Manager, or designee, to take positions on legislation generally consistent with the Guiding Principles and in a manner conforming to the procedures set forth in Exhibit “A”.
BE IT FURTHER RESOLVED, that the priorities set forth in Exhibit A will remain in effect until modified, amended or replaced by the City Council.
Adopted by the City Council of the City of Vallejo at a regular meeting held on May 23, 2023, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
ROBERT MCCONNEL, MAYOR
ATTEST:
_________________________________
DAWN ABRAHAMSON, CITY CLERK
EXHIBIT A
2023
LEGISLATIVE
PRIORITIES
For State + Federal Legislation
CITY OF VALLEJO
Le.
PAGE 02 I LEGISLATIVE PRIORITIES + ADVOCACY PROCE
OBJECTIVE
The objective for identifying advocacy procedures for State and Federal Legislation is to provide clear direction to staff with regard to monitoring bills during State and Federal legislative sessions. Approval of advocacy proce dures will ensure that legislative inquiries and responses will be administered consistently with "one voice" as to the
identified Legislative Priorities adopted by the City Council annually. The Legislative Priorities and Advocacy
Procedures will provide the City Manager, or designee,
discretion to advocate in the City's best interests in a manner consistent with the goals and priorities adopted by the City Council.
Typical advocacy positions will include:
SUPPORT I legislation in this area advances the City's goals and priorities.
OPPOSE I legislati on in this area could potentially harm, negatively impact or undo positive momentum for the City, or does not advance the City's goals and priorities.
MONITOR I federal, and sometimes state, legislation the City should track, but may choose not to identify a position at this time.
DURES LEGISLATIVE PRIORITIES + ADVOCACY PROCEDURES I PAGE 03
PROCEDURES
The legislative advocacy procedures are the process by
which City staff will track and respond to legislative issues in a timely and consistent manner. The City Manager will track and review legislation utilizing the following proce - dures:
1. The City Manager shall review requests that the City take a position on legislative issues to determine if the
legislation aligns with the City's current approved
Legislative Priorities.
2. The City Manager will conduct a review of positions
and analysis completed by the League of California
Cities, City lobbyist, and local government/
professional associations when formulating positions.
3. If the matter aligns with the approved priorities, City response shall be supplied in the form of a letter to the legislative body reviewing the bill/measure. Advo cacy
utilized on behalf of the City, including but not limited to letters, phone calls, emails and prepared forms, will be communicated through the City Manag er. The City
Manager shall advise staff to administer the form of
advocacy, typically via letters signed by the Mayor, City Manager, or designee, on behalf of the City Council.
4. All draft legis lative letters initiated by the City Manager shall state whether the City is requesting "support",
"oppose", or "oppose unless amended" action on the issue, and shall include adequate justification for the
recommended action. If possible, the letter should include examples of how a bill would specifically affect the City, e.g. "the funding the City will lose due to this bill could pay for X acres of parkland".
5. One legislative letter will be prepared to address one bill or measure. A legislative letter will not address
multiple bills unless bills are grouped together and
reviewed as one package by a legislative body.
6. The City Manager may also provide a letter of concern or interest without taking a formal position on a piece of legislation. Letters of concern or interest are to be
administered through the Office of the City Manager.
7. When a letter is sent to a state or federal legislative body, City Councilmembers, the City Clerk, and state
legislators representing the City of Vallejo shall be
included a s a copy "cc" on the letter. The appropriate contacts at the League of California Cities, the City's lobbyists, and legislative consultants, if applicable, shall be included as a cc on legislative letters.
The City Manager will provide updates on important legis- lative issues and those matters on which the City has a stated position through the City's website. When appro - priate, the City Manager will also submit to the City Coun cil a report summarizing activity on priority measures.
No advocacy efforts wil l be taken with respect to legisla tion and issues that are not addressed by the Guiding
Principles. In the event that action is requested by the League of California Cities or other entity on such legisla - tion or the City Manager believes the legislation could be beneficial/detrimental to the City's interests, the matter shall be brought before the City Council at a Council
meeting for formal direction from the Council.
PAGE 04 I LEGISLATIVE PRIORITIES + ADVOCACY PROCEDURES LEGISL
PRIORITIES
GENERAL GOVERNMENT
1. Support legislation that provides financial assistance for local public services without the imposition of new taxes.
2. Support state and federal funding opportunities for City infrastructure projects and programs.
3. Support legislation that preserves and enhances the
City's ability to generate revenues from all types of sales.
4. Support legislation that provides funding opportuni ties for energy-efficiency projects and programs for public
buildings, facilities, and infrastructure.
5. Support legislation making funding available to refur bish and improve City recreation services or facilities.
6. Support legislation that recognizes, strengthens, and protects local control over the public rights-of-way.
7. Support legisla tion that helps to realign government services with necessary funding to improve the deliv ery of services and make government more accounta ble,
transparent and efficient.
8. Support legislation that allows for the expansion, con - tinuation, and/or increased flexibility in the bidding/ procurement, delivery, and management of construc tion
projects.
9. Support policies that enhance digital inclusion and seek to overcome the digital divide.
10. Support legislation that enhances legal immunities for public entities and employees.
11. Support legislation that fosters a robust market for risk pools for public entities.
HUMAN RIGHTS
1. Support legislation to protect all individuals regardless of race, color, national origin, religion, sex, disability, age, sexual or gender orientation and identity, or med ical
condition from discrimination.
2. Support non -discrimination policies at city/county/ state/federal levels.
3. Support anti-bullying policies.
LOCAL CONTROL
1. Oppose legislation that limits or interferes with City Council authority over local municipal affairs.
2. Oppose legislation that mandates changes interrupt ing the City's operations, services to the community, or
impairs or weakens its infrastructure.
3. Monitor potential legislation that makes mandatory
changes to election policies and procedures.
BUDGET/FISCAL
1. Support legislation that protects the ability of cities to recover the costs of mandated programs through fees that are exempt from Proposition 218.
2. Support legislation mandating that the state and fed eral governments provide full cost reimbursement to cities
for all required programs and for all programs resulting in revenue loss to cities.
ATIVE PRIORITIES + ADVOCACY PROCEDURES I PAGE 05
3. Support legislation that further protects local govern ment revenue from being taken, confiscated, diverted, or
otherwise used to fund state government opera tions and responsibilities.
4. Support legislation to stabilize local government financing, to increase fund ing to local agencies, and to permit the most cost -effective management of state -mandated
programs.
5. Support legislation to protect and preserve local con trol over locally imposed taxes (such as transient occu pancy tax and franchise fees).
6. Support fair implementation and distribution of state infrastructure bond funds to ensure the City has ac cess to an adequate share of funding for local im -
provements and programs.
7. Support legislation that promotes a reasonable bal ance of pro -growth policies and tools including state and
local tax (SALT) deduction and exemptions of pri vate
activity bonds (PABs).
8. Oppose legislation, policies, and budgets that have
negative impacts on services, revenues, and costs.
9. Oppose any measure that mandates procedures that would make local government more dependent on the state for
financial stability or reduces local discretion or flexibility in the use of local government revenues.
10. Oppose legislation that negatively impacts the City's fiscal viability by adding further fina ncial burdens through
unfunded mandates.
11. Oppose legislation that attempts to restrict, reduce, or eliminate the City's revenue base.
1 2. Oppose legislation that cuts state or federal grant funding for existing programs and services (e.g., Com - munity Development Block Grant).
PAGE 06 I LEGISLATIVE PRIORITIES + ADVOCACY PROCE
13. Oppose efforts to eliminate or cap the tax -exempt status of municipal bonds.
EMPLOYEE RELATIONS/WORKER'S COMPENSATION +
PUBLIC PENSIONS AND PENSION REFORM
1. Monitor legislation or reform that could impact local public agencies and existing labor agreements.
2. Monitor legislation and regulation affecting labor rela - tions, employee rights, benefits, and working condi tions.
WORKER'S COMPENSATION
1. Support legislation to reform worker's compensation
formulas to rely on more evidence of work -related
causation to determine compensability.
2. Oppose legislation providing presumptive eligibility for award of benefits for worker's compensation or other
health benefits.
3. Oppose legislation to increase employee benefits
without system reforms to offset increased employer
costs.
UNEMPLOYMENT COMPENSATION
1. Oppose legislation that would increase employer lia - bility for unemployment compensation or which would
reduce local discretion to manage this risk.
DURES LEGISLATIVE PRIORITIES + ADVOCACY PROCEDURES I PAGE 07
LABOR RELATIONS
1. Oppose legislation that reduces local control over public employee disputes and/or imposes regulations from an
outside agency.
2. Oppose any measure that seeks to impose federal or state mandates on the collective bargaining process.
3. Oppose legislation that would increase the cost of
administering benefits or mandate special group
health and welfare benefits provided to all employ ees.
PERSONNEL
1. Support legislation that would lessen the impact of
CalPERS investment losses on employer rates.
2. Oppose legislation that imposes local government
mandated employee benefits that are more properly
negotiated at the bargaining table.
HOUSING AND NEIGHBORHOODS
1. Support legislation that provides financial support and incentives for programs that provide or increase access to affordable housing for disabled and low -income
residents, families, and senior adults.
2. Support legislation that protects and maintains exist ing affordable housing opportunities for disabled and low - income residents, families, and senior adults.
3. Support funding resources allocated for mental health, supportive housing, and shelters to assist in homelessness reduction.
4. Support efforts to significantly increase housing pro - duction, especially compact, mixed -use development in
priority development areas (PDAs), housing ele ment
sites and job centers with access to high -quality transit service.
5. Support funding for the rehabilitation of existing affordable housing stock.
6. Oppose legislation that would impose state -
mandated development standards or procedures that
are contrary to the City's General Plan or local land
use policy.
7. Monitor state mandat es that affect neighborhood
rehabilitation, revitalization, and first time homebuyer programs. Oppose any additional redundant or cum -
bersome mandates/restrictions.
8. Support funding to provide supportive services to those affected by homelessness and mental health issues.
9. Support funding to remove and clean homeless en -
campments and to store homeless belongings in ac -
cordance with the law.
10. Support legislation and programs to increase funding for transitional housing units and permanent sup portive
housing units to house homeless households.
11. Support legislation that would amend federal and state Low-Income Housing Tax Credit Programs to suppo rt
and deem competitive a mix of units in an affordable
housing project, to promote sustainable and integrated
communities.
PAGE 08 I LEGISLATIVE PRIORITIES + ADVOCACY PROCEDURES LEGISLA1
TRANSPORTATION AND INFRASTRUCT URE
1. Identify opportunities for federal funding for
transportation, water, energy and environmental
infrastructure in the Infrastructure Investment and Jobs Act (Public Law 117-58) and Inflation Reduction Act (Public Law 117-169)
2. Support state and federal funding for street, road, and alleyway repair within the City.
3. Support legislation that preserves local responsibility for transportation decision making.
4. Support local, regional, state, and federal partner ships to secure funds for local street and road im -
provements.
5. Support legislation authorizing increased funding to enhance existing transportation projects including but
not limited to: road resurfacing projects, the p ublic
transportation systems, adding bicycle lanes, side -
walks, and trails throughout the City, and safety en -
hancement for all forms of transportation.
6. Support legislation that provides equitable amounts of state and federal funding for roads and highway s, and
facilitates timely construction of local transporta tion projects.
7. Support legislation that promotes the development of a robust, active regional transportation strategy, with
attention to transportation and health equity issues.
8. Support programs th at fill commuter first/last mile gaps.
9. Support public benefit for private use of Public Right -of- Way and City assets.
10. Support efforts to protect and ensure efficient, effec tive implementation of the 2017 SB 1 legislation on
transportation funding programs.
11. Support legislation that encourages public private
partnerships to provide low cost financing for trans -
portation projects.
12. Support tax benefits and/or incentives for pr ograms to promote use of public transit.
13. Support legislative proposals that would increase funding for transportation infrastructure, operations and
maintenance in the City of Vallejo.
14. Support laws and policies that expedite project deliv ery.
15. Support part nerships between affected agencies and local governments to seek additional strategies and
funding for programs that benefit seniors, people with
disabilities, and the economically disadvantaged such as mobility management programs, intercity paratransit
operations, and other community based pro grams.
16. Support efforts to increase and expand public trans - portation levels of service between Vallejo and San
Francisco.
17. Oppose state and federal reductions to existing
transportation grants and programs, including fund -
ing to meet Americans with Disabilities Act require -
ments.
18. Oppose efforts to reduce or divert funding from
transportation projects.
ECONOMIC DEVELOPMENT AND BUSINESS ATTRACTION
1. Support federal and state tax incentives for develo p- ment of Mare Island and underserved areas of Valle jo.
-IVE PRIORITIES + ADVOCACY PROCEDURES I PAGE 09
2. Support lowering the threshold for approving a sales tax measure from a 2/3 majority of voters to 55 per cent.
3. Support modification to the current state guidelines on disposition of City surplus property, including the
properties of former redevelopment agencies, allow ing
more City oversight on how the disposed property would
then be developed.
4. Support additional funding sources, including grants, for affordable housing.
5. Support funding for public works infrastructure to support economic development.
6. Support funding from the U.S. Army Corps of Engineers for dredging of the Mare Island Strait channel.
7. Support legislation to reinstate and protect redevel - opment as a tool to build needed infrastructure, de velop and retain affordable housing, and provide fi nancing for local redevelopment and economic devel opment
programs.
8. Support funding for brownfield redevelopment.
9. Support legislation that provides match -free grants for Base Realignment and Closure (BRAC) sites for the
purpose of economic development, housing, business
attraction programs, rehabilitation and revitalization.
10. Support leg islation that provides funding for work force development programs and workforce invest ment
opportunities for disadvantaged individuals and
families.
11. Support federal and state funding for work -study pro - grams.
12. Support legislation that helps to increase employ ment opportunities and links training programs to local available employment.
13. Support legislation that provides dedicated funding for the development of affordable housing and hous ing in Transit Oriented Development (TOD) locations such as PDAs.
PAGE 10 I LEGISLATIVE PRIORITIES + ADVOCACY PROCE
14. Support legislation that seeks funding opportunities for passenger and freight water transport operations and
infrastructure.
15. Support legislation that authoriz es funding f or the funding for the movement of goods via maritime -
related trans portation, including the dredging of
channels, port locations and freight shipment.
16. Support legislation and policies that promote investing in the maintenance and rehabilitation of aging infrastructure and building new system capacity to support smart growth principles.
17. Support efforts to incentivize employers to locate in Vallejo and Solano County.
18. Support funding for small busines s assistance, loan programs for business improvements and tax credits for
businesses.
19. Oppose legislation that limits local control over public rights-of-way, including limiting fair market value ne - gotiations for use of City assets, enable equipment
installation on a ministerial basis with no ability to set reasonable aesthetic size and design standards, or allow detached structures and equipment that incommodes the
right-of-way.
20. Monitor federal mandates that affect rehabilitation and revitalization of bus inesses communities and economic
development stimulus packages, and op pose any
additional redundant or cumbersome man -
dates/restrictions.
LAND-USE AND PLANNING
1. Support funding sources to aid in the reuse of the former Mare Island Naval Shipyard.
Photo credit: Mare Island Brewery
DURES LEGISLATIVE PRIORITIES + ADVOCACY PROCEDURES I PAGE 11
2. Support efforts that are consistent with the doctrine of "home rule" and the local exercise of police pow ers,
through planning and zoning processes, over lo cal land use.
3. Support efforts to strengthen the legal and fiscal capability of local agencies to prepare, adopt, and im plement plans for orderly growth, development, and conservation of local planning areas.
4. Support streamlined, administrative process for small c ell and telecommunications deployment.
5. Support standards based on FCC rules to assure tele - communications equipment does not in -commode the
Right of Way and to retain community aesthetics.
6. Support telecommunications entities to plan and
forecast for invest ment and deployment on existing
infrastructure.
7. Support the expansion of broadband to all parts of
Vallejo to drive economic development and job op -
portunities, support county service delivery, and im -
prove health, education, and public safety out -comes
for residents.
8. Oppose legislation that imposes regional, state, or federal growth, development, or land use planning standards
within the City.
9. Oppose legislation that would remove or limit local
government land use authority.
HEALTHY COMMUNITIES
1. Support legislation and funding to increase access to subsidized meal programs for older adults and youth.
2. Support funding and incentives for grocery stores,
farmers markets and other vendors to locate in areas of Vallejo with limited access to affordabl e and nutri tious food.
3. Support state and federal funding for opportunities to increase access to childcare in Vallejo.
4. Support funding for early childhood education pro -
grams.
5. Support legislation that creates options and opportu nities for access to affordable healthcare.
6. Support funding for youth enrichment programs.
ENVIRONMENTAL, RENEWABLE ENERGY AND
WATER RESOURCES
1. Identify opportunities for federal funding for water, energy and environmental infrastructure in the Infrastructure
Investment and Jobs Act (Public Law 117-58) and Inflation Reduction Act (Public Law 117-169).
2. Support efforts for funding and resources, such as solar and habitat restoration, that foster environmen tal
stewardship and sustain the future of Vallejo's nat ural habitat.
3. Support legislation and funding to develop recycled water as an alternative water source, including treat ment,
storage, and distribution.
4. Support legislation that protects the City's water rights outside the areas-of-origin.
5. Support legislation and funding that encourages innovative and cooperative water resources projects that will be of regional benefit.
6. Support legislation and policies that assist local gov - PAGE 12 I LEGISLATIVE PRIORITIES + ADVOCACY PROCEDURES LEGISL, ernment in meeting or exceeding goals to reduce global
warming pollution levels.
7. Support legislative efforts to maintain a reliable supply and access to high quality water for drinking, agricul ture, and recreation in Vallejo and regionally.
8. Support legislation that provides funding for disaster preparedness.
9. Support legislation that provides funding to mitigate or adapt to sea -level rise impacts, including shoreline
restoration and retreat, flood mitigation, and recrea tion projects.
10. Support legislation offering sensible California Envi - ronmental Quality Act (CEQA) reform that streamlines
processes for a broader range of infill development while maintaining strong requirements for large pro jects.
11. Support the state's goals for increased use of zero emission vehicles and support funding that goes to -
wards the refueling infrastructure necessary for al -
ternative fueled vehicles, with emphasis on Plug -in
Electric Vehicles. Allow flexible standards for certain emergency and fleet vehicles that require traditional
fuel due to technology, range, and terrain issues.
PUBLIC SAFETY AND EMERGENCY RESPONSE
1. Support reasonable criminal justice reform measures
that are inclusive of concerns from prosecutors, vic -
tims' rights groups, and law enforcement agencies and
do not hinder law enforcement's ability to protect the
community.
2. Support legislation that assists in preventing and re - ducing crime, such as drug prevention programs,
mental health initiatives, enhanced protective equip
ment, and solutions for homelessness.
3. Support legislation that would provid e the City with a greater share of fines and forfeitures.
4. Support measures that encourage community safety and well-being.
5. Support legislation that allows use of state and federal public safety grants for intervention and prevention efforts to curb gang crime and youth violence.
6. Support legislation that improves safety at schools and ensures an environment that eliminates discrimi nation
and harassment of students.
7. Support legislation to eliminate gun violence within the City.
8. Support legislation that provides funding for or helps to develop community partnerships and multi -
jurisdictional efforts to reduce crime and enhance
safety.
9. Support legislation that assists with or provides fund ing for disaster response and preparedness and home land-
security -related needs, particularly efforts to
strengthen emergency communications interopera -
bility, link local emergency operations centers, and
provide training.
10. Support legislation that preserves funding levels for existing public safety programs, such as the Edward Byrne Memorial Justice Assistance Grant (JAG).
11. Support legislation that would improve the availability, affordability, and coverage for earthquake, fire and flood insurance.
12. Oppose legislation that would remove or limit local government public safety authority.
6kTIVE PRIORITIES + ADVOCACY PROCEDURES I PAGE 13
13. Support Office of Traffic Safety grant funding related to all aspects of traffic safety.
14. Seek funding to deal with the impacts of the Public Safety Realignment Act, Proposition 47 (Reduced Pen alties for Some Crimes Initiative), and Proposition 57 (Public Safety and Rehabilitation). Support legislation that addresses wrap-around services such as sub stance abuse
counseling, mental health servic es, and employment,
medical, and housing assistance.
15. Support programs that help ensure public safety
Through the assistance and rehabilitation of individuals challenged with mental and/or substance abuse illnesses and increase awareness and training opportunities.
16. Advocate for legislation and funding that would take advantage of the latest technology to prevent and re -
solve crimes, such as the ability to use surveillance
cameras, automatic license plate recognition, and DNA
testing.
17. Support funding for non -traditional crime prevention activities, homeless assistance, and mental health initi - atives at the county, state, and federal level.
18. Advocate for federal and state funding for new public safety facilities for Vallejo.
MIKE MALONE MALONE
City of Vallejo
555 Santa Clara Street
Vallejo, CA 94950
(707) 648-4576
[email protected]
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LEGISLATIVE
CONTACTS
_ - - -
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7 -
ACTION ITEM 9.B.
DATE: May 23, 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
AGREEMENTS WITH THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE
STATE LANDS COMMISSION, AND UNITED STATES DEPARTMENT OF VETERANS
AFFAIRS, AND ACCOMPANYING PATENTS AND DEEDS REQUIRED FOR THE
TRANSFER OF MARE ISLAND CEMETERY FROM THE CITY OF VALLEJO TO THE
UNITED STATES DEPARTMENT OF VETERANS AFFAIRS
RECOMMENDATION
Adopt a resolution:
1. Approving the Amendment to State Lands Settlement Agreement (“Amendment”) between the City of Vallejo (“City”) and the State of California, acting by and through the State Lands Commission (“State Lands”) to allow for the release of the Mare Island Cemetery (“Cemetery”) from Public Trust lands and Authorizing the City Manager to Execute Same with any additional revisions to be approved by the City Attorney.
2. Authorizing the City Manager to Execute the Certificate of Acceptance of Parcel VIIa Public Trust Patent from State Lands to the City.
3. Approving the Grant Deed from City to State Lands for the Cemetery and Authorizing the City Manager to Execute Same.
4. Authorizing the City Manager to Execute the Certificate of Acceptance of the Cemetery Parcel Trust Termination Patent from State Lands to the City.
5. Approving the Cemetery Parcel Quitclaim Deed from the City to the United States Department of Veterans Affairs (“VA”), and Authorizing the City Manager to Execute Same.
6. Approving the Deed of Easement from City to VA to allow VA to use City-owned property adjacent to the Cemetery for parking and restrooms, and Authorizing the City Manager to Execute Same.
7. Authorizing the City Manager to negotiate and enter into a License Agreement between the United States Department of the Navy (“Navy”) and the City to allow the City to provide electrical utilities to the parking lot/restroom facility easement area adjacent to the Cemetery, and Authorizing the City Manager to Execute Same.
8. Authorizing the City Manager to negotiate and enter into a Memorandum of Understanding (“MOU”) with the United States National Cemetery Agency (“NCA”) to provide electrical and water utility access and storm drainage maintenance for the Cemetery.
9. Finding that the transactions and the work contemplated by the Amendment, Certificate of Acceptance of the Trust Termination Patent, Quitclaim Deed, and MOU with the NCA are categorically exempt from the California Environmental Quality Act (“CEQA”) for the following reasons: a) the Amendment allows, and the Trust Termination Patent and Quitclaim Deed effectuate, a transfer of ownership of land to preserve the Cemetery as a historical resource Section 15325 of the CEQA Guidelines; b) the transfer of the Cemetery to VA will allow for maintenance, restoration, and preservation of the Cemetery as a historical resource under Section 15331 of the CEQA Guidelines and repair of an existing public facility (the Cemetery) under Section 15301 of the CEQA Guidelines.
Date: May 23, 2023
Subject: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENTS WITH THE STATE OF CALIFORNIA, ACTING BY AND THROUGH
THE STATE LANDS COMMISSION, AND UNITED STATES DEPARTMENT OF
VETERANS AFFAIRS, AND ACCOMPANYING PATENTS AND DEEDS REQUIRED
FOR THE TRANSFER OF MARE ISLAND CEMETERY FROM THE CITY OF
VALLEJO TO THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS
10. Finding that the transactions and the work contemplated by the Grant Deed, Certificate of Acceptance of the Public Trust Parcel VIIa Patent, Easement Deed, Navy License are categorically exempt from CEQA for the following reasons: a) the Easement Deed gives VA the right to use the easement area for a parking lot and restrooms, which is a negligible change in use under Section 15301 of the CEQA Guidelines; b) the Easement Deed is categorically exempt under Sections 15325 and 15331 of the CEQA Guidelines as a transfer of ownership of an interest in land that will facilitate preservation of the Cemetery as a historical resource open to the public.
REASONS FOR RECOMMENDATION
1. Executing the Amendment to the Mare Island Property Settlement and Exchange Agreement with State Lands will release the public trust hold on the cemetery property, thereby allowing the City to proceed with the transfer of the Mare Island Cemetery to the Department of Veterans Affairs.
2. Executing a Certificate of Acceptance and consenting to recordation of the State Lands Commission’s Parcel VIIa Public Trust Patent will memorialize the public trust status of the parcel and the conveyance of public trust parcel VIIa from State to City in trust, and will allow the City to grant a limited term easement to the Veteran’s Affairs for parking and restroom facilities.
3. Executing a Certificate of Acceptance and consenting to recordation of the State Lands Commission’s Cemetery Parcel Trust Termination Patent will clear any public trust claims to the property, allowing the City to subsequently convey the cemetery parcel to VA.
4. Executing the Grant Deed from City to State Lands for the Cemetery will allow the City to convey the Cemetery to the VA, an agency with experience managing and maintaining cemeteries of national and historical significance.
5. Executing the Deed of Easement to VA will allow the VA to construct parking lot and restroom facilities within the defined easement area adjacent to the Cemetery.
6. Negotiating and entering into the License Agreement with the Navy will allow the City to install electrical utilities on the Navy-owned property adjacent to the Cemetery that will provide electricity to the planned facilities on the VA easement area, including the restroom and parking lot lighting, as required in the City’s cemetery transfer agreement with the VA.
7.Negotiating and entering into the MOU with the NCA will document City’s agreement to provide electrical and water utility access and storm drainage maintenance for the Cemetery in exchange for the VA accepting title to the Cemetery.
BACKGROUND AND DISCUSSION
History
The Cemetery is the oldest naval cemetery in California. Burials were conducted at the Cemetery from 1856 through 1921. In 1975, the Cemetery was added to the National Register of Historic Places as part of the Mare Island Naval Ammunition Depot Historic District. Several years later, in 2001, the Navy transferred the Mare Island Regional Park lands, including the Cemetery, to the City without any identified funding sources for long term park implementation and maintenance. Due to the dilapidated condition of the Cemetery and the costs Date: May 23, 2023
Subject: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENTS WITH THE STATE OF CALIFORNIA, ACTING BY AND THROUGH
THE STATE LANDS COMMISSION, AND UNITED STATES DEPARTMENT OF
VETERANS AFFAIRS, AND ACCOMPANYING PATENTS AND DEEDS REQUIRED
FOR THE TRANSFER OF MARE ISLAND CEMETERY FROM THE CITY OF
VALLEJO TO THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS
associated with maintaining such a prestigious site, several years ago local veterans engaged in efforts to have the federal government resume responsibility for maintenance of the Cemetery.
A petition supported by approximately 37,000 people across the United States asked that the City of Vallejo return the Cemetery to the federal government in order to facilitate its restoration and maintenance in a manner that takes into account the respect and dignity the landmark deserves. U.S. Representative Michael Thompson, the representative for the congressional district that includes City, introduced a federal bill allowing the VA to enter into an agreement with the City of Vallejo, whereby the City would transfer the Cemetery to VA and the VA would maintain the Cemetery as a historic resource open to the public. The bill became law in 2021 when it was included in the Fiscal Year 2021 National Defense Authorization Act. (Pub.L. No. 116-238 (Jan. 1, 2021).)
State Lands Settlement
In the 1800s the United States was granted tide and submerged land adjacent to lands held by the United States for military purposes, including the Cemetery and other parts of Mare Island. In 1996, when the Navy closed the Mare Island Naval Shipyard (MINS), the State claimed a right of reversion to the land lying under the shipyard. In 2002, the State and City executed the Mare Island Property Settlement and Exchange Agreement recorded March 26, 2002 (“Settlement Agreement”) to settle the State’s public trust title claims and designate some parcels as public trust parcels and other parcels as trust termination parcels. Effectively, the Settlement Agreement memorializes the property transfer protocol for the lands on Mare Island. Lands identified as public trust lands were to be transferred to the State and leased to the City, which would then hold the land in trust under the Public Trust Doctrine. Lands identified as trust termination lands will be released from the State’s Public Trust.
Public Trust Parcels VIIa and VIIb are located on the southern tip of Mare Island and much of Public Trust Parcel VIIa is used as a park. While the Settlement Agreement depicts the Cemetery as part of Public Trust Parcel VIIb, the Cemetery was included in the Navy’s conveyance of Navy Parcel VII-A (98.30 acres) via a Quitclaim Deed dated September 26, 2001. Based on the State Lands Settlement Agreement, the City in turn granted the Public Trust portions of Navy Parcel VIIA (58.17 acres) to the State, which included a majority of the Mare Island Regional Park area surrounding the Cemetery, but excluded the Cemetery. The State in turn leased Public Trust Parcel VIIa back to the City pursuant to the Settlement Agreement.
Amendment to State Lands Settlement Agreement to Enable Conveyance of the Easement to the VA An amendment to the State Lands Settlement Agreement is necessary to extinguish public trust claims over the Cemetery and allow for the transfer to the VA because the current Settlement Agreement identifies the Cemetery as part of a larger Public Trust Parcel. The Amendment identifies the Cemetery as a Trust Termination Parcel instead of a Public Trust Parcel, and requires the City to convey the Cemetery to the State by Grant Deed. Once the State has received the Grant Deed of the Cemetery, the City can effect the conveyance to VA in two steps: 1) the City will accept a Trust Termination Patent from the State to extinguish public trust claims for the Cemetery and 2) the City can execute a Quitclaim Deed to convey the Cemetery to VA.
State Lands and City Negotiations
It has taken some time for the City and the State to amend the Settlement Agreement to enable the transfer of the Cemetery because the negotiations with State Lands about the Cemetery became intertwined with the Date: May 23, 2023
Subject: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENTS WITH THE STATE OF CALIFORNIA, ACTING BY AND THROUGH
THE STATE LANDS COMMISSION, AND UNITED STATES DEPARTMENT OF
VETERANS AFFAIRS, AND ACCOMPANYING PATENTS AND DEEDS REQUIRED
FOR THE TRANSFER OF MARE ISLAND CEMETERY FROM THE CITY OF
VALLEJO TO THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS
City’s attempts to resolve a dispute with the State about other Public Trust Parcels on Mare Island. In the years since the Settlement Agreement was signed, it has become apparent to both the City and State Lands that certain portions of the designated Public Trust Parcels present substantial long-term liabilities without offering any offsetting upside revenue-generating potential to fund necessary maintenance. The problematic Public Trust Parcels include, among other parcels, (1) an approximately 2,800-acre area known as the Western Early Transfer Parcel, a majority of which was offered to and rejected by the U.S. Fish and Wildlife Service (2) a hazardous materials landfill currently owned by the Navy designated as parcel H(1).
The City and State disagree about whether the City should accept ownership of these parcels because of state legislation adopted in 2004 known as Chapter 588, California Statutes of 2004 ("Chapter 588") that grants the City certain tidelands and submerged lands within City boundaries for public trust use. The City and State disagree about (i) the extent to which Chapter 588 applies to those tidelands and submerged lands that are the subject of the 2002 Settlement Agreement; (ii) whether and to what extent Chapter 588 is self- executing; and (iii) whether and to what extent Chapter 588 modifies City’s and State’s respective rights and obligations under the 2002 Settlement Agreement. State Lands’ position is that, by adopting Chapter 588, the State automatically conveyed all public trust lands within City boundaries (including those on Mare Island) to the City and thus, the City cannot reject any of those parcels. The City’s position is that the 2002 Settlement Agreement still controls the Mare Island parcels and that, unless the City Council otherwise agrees, the State still owns those parcels and the Settlement Agreement only requires the City to lease those parcels from the State.
City Staff has met with State Lands Commission staff many times over the past several years to resolve this impasse by, among other things, offering for the City to take fee title ownership of certain parcels (not including the Western Early Transfer Parcel or the H(1) landfill), subject to City’s environmental consultant conducting a peer review analysis of the Navy’s cleanup reports and confirming that the subject properties have in fact been adequately remediated by the Navy. The City is committed to continuing those discussions with State Lands.
The Amendment addresses the impasse described above by including a provision that requires the City and State to endeavor to negotiate an agreement resolving the public parcel ownership issues within one year of the effective date of the Amendment.
Other Documents Required to Transfer the Cemetery to the VA VA proposes that the City execute a Deed of Easement to VA to allow VA to use a portion of Parcel VIIa that is adjacent to the Cemetery for parking and restrooms for the Cemetery. The Amendment provides that the City will accept a Public Trust Patent for Parcel VIIa. By taking this step, the City will clearly acknowledge that the City is the owner (and not lessee) of Parcel VIIa, so that the City can convey an easement of part of Parcel VIIa to VA.
The Amendment to the Settlement Agreement is silent about the Deed of Easement because the City and State disagree about whether Chapter 588 allows the City to grant an easement to VA. While VA’s use of the part of Parcel VIIa to be improved with restrooms and parking facilities will take the form of an easement because easements are administratively easier for VA to approve, in substance it is a lease for 66 years (which Chapter 588 allows) because VA is constructing a permanent building for restrooms. Therefore, to the Date: May 23, 2023
Subject: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENTS WITH THE STATE OF CALIFORNIA, ACTING BY AND THROUGH
THE STATE LANDS COMMISSION, AND UNITED STATES DEPARTMENT OF
VETERANS AFFAIRS, AND ACCOMPANYING PATENTS AND DEEDS REQUIRED
FOR THE TRANSFER OF MARE ISLAND CEMETERY FROM THE CITY OF
VALLEJO TO THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS
extent that Chapter 588 applies, the City’s grant of an easement to VA does not violate it.
FISCAL IMPACT
The Mare Island Cemetery does not have a dedicated budget or staff. The existing annual cost to maintain Mare Island Cemetery for staff labor and supplies and materials is approximately $150,000 annually, which is funded from the Public Works Department budget. Upon transfer, these expenditures will be discontinued, resulting in General Fund savings in overtime, equipment, and materials costs associated with the maintenance of the Cemetery.
ENVIRONMENTAL REVIEW
These approvals are subject to three categorical exemptions under CEQA: Class 1, Class 25, and Class 31, as outlined below:
15301 (Existing Facilities)
Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former uses. The types of “existing facilities” itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of use. • (b) Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services;
• (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety, and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes).
15325 (Transfers of Ownership in Land to Preserve Existing Natural Conditions and Historical Resources)
Class 25 consists of the transfer of ownership of interests in land in order to preserve open space, habitat, or historical resources. Examples include but are not limited to:
• (e) Acquisition, sale, or other transfer to preserve historical resources, and • (f) Acquisition, sale, or other transfer to preserve open space or land for park purposes.
15331 (Historical Resource Restoration/Rehabilitation)
Class 31 consists of projects limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer
The Trust Termination Patent and Quitclaim Deed of the Cemetery are subject to all three, because they are Date: May 23, 2023
Subject: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENTS WITH THE STATE OF CALIFORNIA, ACTING BY AND THROUGH
THE STATE LANDS COMMISSION, AND UNITED STATES DEPARTMENT OF
VETERANS AFFAIRS, AND ACCOMPANYING PATENTS AND DEEDS REQUIRED
FOR THE TRANSFER OF MARE ISLAND CEMETERY FROM THE CITY OF
VALLEJO TO THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS
transferred to preserve a historical resource and allow VA to maintain, rehabilitate and restore that historical resource.
The Public Trust Patent for Parcel VIIa, Deed of Easement to VA, and agreements with the Navy and VA are also subject to all three, because the Public Trust Patent for Parcel VIIa is a transfer to preserve a historic resource by confirming that the City owns Parcel VIIa and can transfer an easement in it to VA and enter into an agreement with VA regarding that conveyance and related City in-kind contributions.
The Deed of Easement and the License Agreement with the Navy will allow VA to construct parking and restroom facilities, which are minor improvements intended to support the Cemetery and adjacent public park.
The Navy License agreement modifies existing electric facilities by tying new electric facilities into them. Since this area is currently designated as a public park and the facilities are intended to serve visitors of the public park and the Cemetery (which will be open to the public when restored), this is a negligible change to the existing use of Parcel VIIa.
ATTACHMENTS
1. Attachment 1 - Resolution Authorizing City Manager to Execute Various CAO STAMP
2. Attachment 2 - State Lands Settlement Agreement_Full
3. Attachment 3 - Naval Cemetery Parcel Legal Description
4. Attachment 4 - Cemetery Ingress Egress Easement
5. Attachment 5 - DRAFT Deed City to State (SLC 02-02-2023)
6. Attachment 6 - DRAFT Patent State to City (SLC 02-02-2023)
7. Attachment 7 - DRAFT First Amendment to State Lands Settlement Agt v11
8. City to VA Quitclaim Deed Cemetery CAO STAMP
9. Public Trust Patent Parcel VIIa CAO STAMP
CONTACT
Terrance Davis, Assistant City Manager
[email protected] (707) 648-4301
Approved as to form:
By: for
Veronica Nebb, City Attorney
RESOLUTION 23-___ N.C.
A RESOLUTIOMN OF THE CITY COUNCIL OF THE CITY OF VALLEJO
AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE
STATE OF CALIFORNIA, ACTING BY AND THROUGH THE STATE LANDS
COMMISSION, AND UNITED STATES DEPARTMENT OF VETERANS AFFAIRS,
AND ACCOMPANYING PATENTS AND DEEDS REQUIRED FOR THE TRANSFER
OF MARE ISLAND CEMETERY FROM THE CITY OF VALLEJO TO THE UNITED
STATES DEPARTMENT OF VETERANS AFFAIRS
WHEREAS, the Mare Island Cemetery (“Cemetery”) is the oldest naval cemetery in California, where military burials were conducted from 1856 through 1921, and in 1975 was added to the National Register of Historic Places as part of the Mare Island Naval Ammunition Depot Historic District; and
WHEREAS, in 1996, when the United States Department of the Navy (the “Navy”) closed the Mare Island Naval Shipyard (MINS), the State of California claimed a right of reversion to the lands lying under the shipyard; and
WHEREAS, in 2002, the State of California, acting by and through the State Lands Commission (“State Lands”) and City of Vallejo (the “City”) executed the Mare Island Property Settlement and Exchange Agreement recorded March 26, 2002 (“Settlement Agreement”) to settle the State’s public trust title claims and designate some parcels as public trust parcels and other parcels as trust termination parcels; and
WHEREAS, Public Trust Parcels VIIa and VIIb are located on the southern tip of Mare Island.
The Cemetery is included as part of Public Trust Parcel VIIb, and the Cemetery was included in the Navy’s conveyance of Navy Parcel VII-A (98.30 acres) via a Quitclaim Deed dated September 26, 2001; and
WHEREAS, U.S. Representative Michael Thompson introduced a federal bill allowing the Veterans Administration (“VA”) to enter into an agreement with City whereby City would transfer the Cemetery to VA and the VA would maintain the Cemetery as a historic resource open to the public. The bill became law in 2021 when it was included in the Fiscal Year 2021 National Defense Authorization Act; and
WHEREAS, on February 28, 2023, State Lands approved the Amendment to Mare Island Property Settlement and Exchange Agreement (“Amendment”) to facilitate the transfer of the Cemetery from the City to the VA and to establish a framework to fully implement the Settlement Agreement; and
WHEREAS, the VA has requested that City grant VA an easement of land adjacent to the Cemetery for a parking lot and restrooms to serve visitors of the Cemetery, and electric and water utilities are required to serve the parking lot and restrooms; and WHEREAS, a license from the Navy is required to provide the electric utilities to the parking lot and restrooms for the Cemetery.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Vallejo that:
1. The following documents, in substantially the forms attached hereto with such minor clarifying changes as may be approved by the City Attorney, are approved and the City Manager is authorized to execute:
a. The Amendment;
b. The Certificate of Acceptance of the State of California Parcel VIIa Public Trust Patent from State Lands to City for Public Trust Parcel VIIa (“Public Trust Parcel VIIa Patent”);
c. The Grant Deed from the City to State Lands for the Cemetery (“State Grant Deed”);
d. The Certificate of Acceptance of the State of California Patent and Trust Termination Patent from State Lands to City for the Cemetery (“Trust Termination Patent”);
e. Quitclaim Deed from City to VA for the Cemetery Parcel (“VA Quitclaim Deed”); and
f. Deed of Easement from City to VA (“VA Easement Deed”) to allow VA to use City-owned property adjacent to the Cemetery for parking and restrooms.
2. The City consents to the recordation of the Amendment, the Public Trust Parcel VIIa Patent, the State Grant Deed, the Trust Termination Patent, the VA Quitclaim Deed, and the VA Easement Deed in the Office of the County Recorder, County of Solano, State of California, and the City Manager is directed to take all actions required to facilitate such recordation.
3. The City Manager is authorized to negotiate and enter into a License Agreement between the Navy and the City (“Navy License”) in a form acceptable to the City Attorney to allow the City to provide electrical utilities to the parking lot/restroom facility easement area adjacent to the Cemetery.
4. The City Manager is authorized to negotiate and enter into a Memorandum of Understanding (“MOU”) with the United States National Cemetery Agency (“NCA”) in a form acceptable to the City Attorney to provide electrical and water utility access and storm drainage maintenance for the Cemetery.
5. The City Council determines that the transactions and the work contemplated by the Amendment, Certificate of Acceptance of the Trust Termination Patent, Quitclaim Deed, and MOU with the NCA are categorically exempt from the California Environmental Quality Act (“CEQA”) for the following reasons: a) the Amendment allows, and the Trust Termination Patent and Quitclaim Deed effectuate, a transfer of ownership of land to preserve the Cemetery as a historical resource Section 15325 of the CEQA Guidelines; b) the transfer of the Cemetery to VA will allow for maintenance, restoration, and preservation of the Cemetery as a historical resource under Section 15331 of the CEQA Guidelines and repair of an existing public facility (the Cemetery) under Section 15301 of the CEQA Guidelines.
6. The City Council determines that the transactions and the work contemplated by the Grant Deed, Certificate of Acceptance of the Public Trust Parcel VIIa Patent, Easement Deed, Navy License are categorically exempt from CEQA for the following reasons: a) the Easement Deed gives VA the right to use the easement area for a parking lot and restrooms, which is a negligible change in use under Section 15301 of the CEQA Guidelines; b) the Easement Deed is categorically exempt under Sections 15325 and 15331 of the CEQA Guidelines as a transfer of ownership of an interest in land that will facilitate preservation of the Cemetery as a historical resource open to the public; and c) the Public Trust Parcel VIIa Patent allows for the transfer of the easement to VA and the Navy License allows for installation of electric facilities to support the parking lot and restrooms contemplated by the easement.
Adopted by the City Council of the City of Vallejo at a regular meeting held on May 23, 2023 with the following vote:
AYES:
NOES:
ABSENT: None ABSTAIN: None
_________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
_________________________________
DAWN G. ABRAHAMSON, CITY CLERK
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Recorded at the Request of and
When Recorded Mail to: 2002-00037955
Recorded Bv: 03 RecFee FIRST AMERICAN SurMon
NoPCOR Off; c; a 1 Records IncFee 642.0 County of Solano DTTax Robert Bl echschmi dt PL $ 642.00 Assessor/Recorder OvrSht
13:39 26-MAR-02 P
Blake D. Stevenson, Esq.
Senior Staff Counsel, California State Lands Coj
100 Howe Avenue, Suite 100-South
Sacramento, California 95825-8202 1
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STATE OF CALIFORNIA
OFFICIAL BUSINESS: \.
Document entitled to free Recordation Pursuant to
Government Code Section 27383
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MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
TABLE OF CONTENTS
Page
1. City Conveyances of Public Trust Parcels to State ..................................................... 16
2. No Warranties Or Representations; Assignment of United States Environmental Covenants ........................................................................................ 17
3. State Transfers To City ............................................................................................ 18
4. State Lands Commission Findings ........................................................................... 19
5. Conveyances to Occur by Transfer and Disposal Parcels ........................................... 20
6. State to Convey Trust Termination Parcel XV Upon City Conveyance of Public Trust Parcel VIIa and North Housing Site .................................................. 21
7. State Receipt of Title to Public Trust Parcels I, IX, and XXI. .................................... 21
8. No Conveyance of a Public Trust Parcel by City to State to Occur Until Hazardous Waste or Dangerous Materials Remediation Completed ................. 22
9. State Assignment ofinterests in the Gap Lands to City ....... ,; .................................... 24
10. Receipt by State of Title to Public Trust Parcel VI. .................................................... 24
11. Patent of Trust Termination Parcels not Containing Public Trust Parcels .................. 25
12. State Transfer of Trust Termination Parcels Ia, Ib and Ic to the City ......................... 25
13. Future Deeds of Army Reserve Site .......................................................................... 25 92952v6
1. 14. Restrictions on City Leases of Public Trust Parcels ................................................... 26
15. Restrictions on City Conveyance of Transfer and Disposal Parcels ............................ 26
16. Leaseback of Public Trust Parcels ............................................................................. 31
17. Public Trust Easement. .................... ; ....................................................................... 32
18. Industrial Easement. ................................................................................................ 32
19. City Provision of Access to the Public Trust Parcels .................................................. 32
20. Remediation and Transfer Status Report. ................................................................. 33
21. Acceptance of Conveyances and Consentto Recording ............................................ 34
22. Judicial Confirmation on Validity of Settlement Agreement ...................................... 34
23. Appeal of Judgment Waived .................................................................................... 34
24. Further Assurances .................................................................................................. 34
25. Execution Before a Notary Public ............................................................................ 34
26. Agreement for Compromise and Settlement ............................................................. 35
27. No Admission or Effect if Agreement Not Made Effective ........................................ 35
28. No Effect on Other Lands ........................................................................................ 35
29. Agreement Binding on Successors............................................................................ 35
30. No Third Party Beneficiaries .................................................................................... 35
31. Modification ............................................................................................................ 35
32. No Effect on Other Government Jurisdiction ........................................................... 36
33. Headings ................................................................................................................. 36
34. Escrow.................................................................................................................... 36
35. Recordation of Agreement and Close of Escrow ....................................................... 37
36. Purpose to Perfect Title ............................................................................................ 39
37. Allocation of Costs and Expenses ............................................................................. 39
38. Effective Date ........................................................................................................... 39
39. List of Exhibits........................................................................................................ 39 92952 v6
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Exhibit A
ExhibitB
ExhibitC
ExhibitD
ExhibitE
ExhibitF
ExhibitG
ExhibitH
Exhibit I
ExhibitJ
ExhibitK
ExhibitL
ExhibitM
ExhibitN
ExhibitO
ExhibitP
ExhibitQ
ExhibitR
Exhibits
ExhibitT
ExhibitU
ExhibitV
ExhibitW
ExhibitX
TABLE OF EXHIBITS
Page
Plat of Mare Island Settlement Area and North Housing Site ................. 5 Plat of Transfer and Disposal Parcels..................................................... 5 Plat of Transfer and Disposal Parcels Divided into
Public Trust Parcels and Trust Termination Parcels ............................... 5 Final Configuration of Public Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Descriptions of Public Trust Parcels ..................................................... 16 Description of North Housing Site ....................................................... 16 Description of Public Trust Easement .................................................. 16 Description of Industrial Easement...................................................... 16 Descriptions of Public Trust Parcels I and IX ....................................... 16 Form of City Deed.............................................................................. 17 Form of City Deed of Public Trust Easement .................................... ,.. 17 Form of City Deed ofindustrial Easement........................................... 17 Form of City Quitclaim of Public Trust Parcels .................................... 17 Description of Trust Termination Parcels ............................................. 18 Form of State Patent and Trust Termination........................................ 18 Form of State Patent and Trust Termination for
Trust Termination Parcel IV ................................................................ 18 Legal Description of Gap Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Form of State Quitclaim of Gap Lands ................................................ 24 Mare Island Land Use Plan ................................................................. 27 Form of Conveyance Instrument ......................................................... 28 Form of Lennar Deed to State for Public Trust Parcel IV ..................... 29 Plat of Alternative Access.................................................................... 30 Description of Inactive Dredge Ponds.................................................. 31 Description of Parcel to Which Industrial Easement Is Appurtenant ..... 32 92952v6
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MARE ISLAND PROPERTY SETTLEMENT
AND EXCHANGE AGREEMENT
This MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE
AGREEMENT (" Agreement") dated for reference this -zny ofFut,w._.,ri 2002, is ..,
entered into by and between the STATE OF CALIFORNIA, acting by and through the STATE LANDS COMMISSION ("State") the CITY OF VALLEJO ("City") and, for the purpose of agreeing to be bound to the State with respect to Paragraph 15 of this Agreement, LENNAR MARE ISLAND, LLC, a California limited liability company ("Lennar"). The purpose of the Agreement is to settle issues regarding sovereign public trust land title within the Mare Island Naval Shipyard and, through a land exchange, to establish undisputed sovereign land title in certain described lands at Mare Island and terminate actual and state-asserted sovereign land title in other described areas.
As set forth in the Recitals, the terms of the Agreement have been reached in the context of particular problems stemming from closing military bases. Among these problems are complex federal land disposal procedures, hazardous waste or dangerous materials remediation on some parts of Mare Island, and delays in the transfer or conveyance of portions ofMare Island because of the need to complete remediation.
Complete implementation of the Agreement and the deeding of all properties affected by it will result in substantial and significant areas secured as public trust lands and put to public trust uses through leases of those lands to the City and to the U.S. Fish and Wildlife Service made in connection with the Agreement. Other areas will not be public trust lands, and may be developed for other than public trust purposes. Terms have been included in the Agreement to assure that, as the State terminates the public trust over time in particular 92952 v6
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parcels, the State will receive larids of equal or greater economic value to that in which the public trust has been terminated and, in addition to economic value considerations, the State will receive the parcels ofland called for in th,e Agreement in a timely manner so as to improve the usefulness of its overall public trust land holdings at Mare Island.
RECITALS
A. This Agreement concerns real property commonly lmown as the Mare Island Naval Shipyard and one parcel of adjacent real property lmown as the North Housing Site (referred to as the "Mare Island Settlement Area" and the "North Housing Site"). The Mare Island Settlement Area and the North Housing Site are shown for reference purposes only on Exhibit A ("Plat of Mare Island Settlement Area and North Housing Site").
B. The Agreement also concerns real property within the Mare Island Settlement Area which has been divided by the United States into various parcels referred to as Transfer and Disposal Parcels ("Transfer and Disposal Parcels") all of which are shown for reference purposes only on Exhibit B ("Plat of Transfer and Disposal Parcels").
C. This Agreement also concerns parcels created by the division of the Transfer and Disposal Parcels for the purposes of this Agreement. Some parts of the Transfer and Disposal Parcels will, through implementation of this Agreement, become state-owned lands subject to the public trust, and some parts of them will not be subject to the public trust, all as depicted in Exhibit C ("Plat of Transfer and Disposal Parcels Divided into Public Trust Parcels and Trust Termination Parcels"). The final configuration of public trust lands following the recording of the patents and deeds called for in this Agreement is depicted for reference purposes only in Exhibit D ("Final Configuration of Public Trust"). 92952 v6
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The parcels which together comprise the lands to be confirmed as public trust lands will together be lmown as the "Public Trust Parcels" and those not to be subject to the public trust will be !mown as the "Trust Termination Parcels." D. The parties to this Agreement are the State of California, acting by and through the State Lands Commission, the City of Vallejo, an incorporated city within the State of California and the approved "Local Reuse Authority" as such authorities are described in the Defense Base Closure and Realignment Act of 1990, Public Law 101-510, as amended, Sections 2905(b) and 2910(9), and 32 Code of Federal Regulations, Part 175.3(g), and for the purpose of implementing the provisions of Paragraph 15, Lennar.
Pursuant to the provisions of Division 6 of the Public Resources Code, including Section 6301, the State Lands Commission is vested with all jurisdiction and authority as to tide and submerged lands ( other than interests granted in trust to local entities) held by the State in trust for the benefit of the people of the State.
E. Land title to the Mare Island Settlement Area derives from two sources, a confirmed Mexican land grant purchased by the United States and grants of tide and submerged lands or swamp and overflowed lands from the State to the United States. More specifically, title is derived from:
1. The real property described in the deed by Bissell, et al., to the United States of America ("U.S.") dated January 4, 1853, and recorded in the Official Records of Solano County, California, on April 18, 1853, in Book Hof Deeds, at Page 10, to the extent that such property lay within the Rancho de la Yegua as confirmed by the United States Board of Land Commissioners and the United States District Court (the "U.S. Lands"). 92952 v6
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11. All of that real property located generally adjacent and contiguous to the western, southern, and eastern boundaries of the U.S. Lands (the "State Lands") as described in those grants made by the State of California to the federal government included in (a) Chapter 43, Statutes of California, approved May 11, 1854; (b) Chapter 81, Statutes of California, approved March 9, 1897; and(c) Chapter 1452, Statutes of California, approved July 18, 1963 (the "State Grants"). Each of the State Grants contains a reversionary clause.
F. Upon its admission to the United States on September 9, 1850, the State of California, by virtue of its sovereignty, received in trust for the purposes of commerce, navigation, and fisheries (the "public trust") all right, title, and interest in tide and submerged lands within its boundaries up to the ordinary high water mark. City asserts that the tide and submerged lands so received were those that had not been previously granted into private ownership by either the Mexican or Spanish government, or granted to pueblos.
The tide and submerged lands received by virtue of its sovereignty by the State included such lands surrounding Mare Island in San Pablo Bay and the Napa River.
G. The State also received lands known as swamp and overflowed lands through the federal act known as the Arkansas Swamplands Act, dated September 28, 1850, as a category of land separate from tide and submerged lands.
H. As originally granted by Mexico, the U.S. Lands consisted of that real property described in the Mexican Land Grant to Victor Castro made on May 20, 1841, of "Isla de la Yegua" (Mare Island). Victor Castro sold his claim to Mare Island to several people in 1850. Ultimately, Mare Island was conveyed to Bissell and Aspinwall, who filed a petition with the Board of Land Commissioners set up to ascertain and approve Mexican land claims under the Act of Congress of March 3, 1851. The Board of Land 92952 v6
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Commissioners approved the Bissell and Aspinwall claim to the Castro grant "to the water's edge" in 1855. In 1853, Bissell and Aspinwall sold Mare Island to the United States. The Attorney General of the United States thereafter recommended to the Navy that it acquire the right to occupy land adjoining the Mare Island rancho from the State of California, to be filled and developed for naval purposes. A request was made to the California Legislature for a grant, and certain lands were granted through the 1854 legislation.
I. Portions of the lands within the Mare Island Settlement Area are historically marshlands which the United States and City contend were included in the original land grant to Castro and, therefore, are U.S. Lands not subject to the terms of the State Grants or to the public trust. The State contends that the marshlands were not part of the Mare Island grant to Castro, were included in the areas described in the 1854 State Grant and are, therefore, subject to reversion to the State as lands subject to the public trust or as unsold swamp and overflowed lands.
J. Portions of the State Lands within the Mare Island Settlement Area are historically tide or submerged lands, portions of which lie waterward of the mean high tide line, and other portions of which have been filled and reclaimed and are now landward of the mean tide line or otherwise no longer subject to tidal flooding.
K. The geographical extent of the confirmed Mare Island rancho and, thus, of the U.S. Lands, has been the subject of three United States Supreme Court decisions. They are Jn,vin v. San Francisco Saving Union, 136 U.S. 578 (1889); United States v. O'Donnell, 303 U.S. 501 (1938); and Stewartv. United States, 316 U.S. 354 (1942). Despite these decisions, the extent and location of the U.S. Lands and their boundaries with the State Lands remain subjects of dispute among the State, the City, and the United States. The United States and
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City contend that the U.S. Lands include all that real property within the boundaries of Mare Island as shown on that U.S. Public Survey Map of 1923 prepared by Francis E. Joy, U.S. Cadastral Engineer (the "Joy Survey"). The State contends that the Joy Survey did not purport to identify the extent of the Castro land grant; that the Joy Survey was simply a survey of the mean high tide line as it then existed after filling by the United States had moved the mean high tide line a substantial distance waterward; and that the boundaries of the State Lands are based upon the boundary of Mare Island as it existed prior to filling and development and are, in places, landward of the Joy Survey.
L. The City contends that certain lands waterward of the Joy Survey Boundary - generally on the west side - are the result of accretion caused by the gradual deposit of sediments and the flourishing of marsh vegetation on the newly deposited soil, thereby causing the boundaries of the U.S. Lands to expand outward from the Joy Survey boundaries. The United States has not joined in the City's position. In contrast, the State contends that certain of the lands waterward and landward of the Joy Survey boundaries were created by artificial filling by the United States or by artificial accretion, and that the United States holds these lands by grant from the State (with reversionary clauses), and that the United States (or, ifit accepts a deed from the United States, the City) cannot take advantage of its own direct or indirect acts which resulted in the filling oflands westward of the Joy Survey boundary. The parties disagree as to the cause or causes of any movements of the waterward edge of the marsh and water lines, and they likewise disagree as to the legal relevance of the cause or causes of these migrations.
M. By the terms of the State Grants, the State claims a right of reversion to all lands conveyed in the State Grants upon the occurrence of events set forth in those grants.
9. The State further contends that it has a right, upon the occurrence of these events, to terminate United States title to the State Lands.
N. In April 1996, Mare Island Naval Shipyard was closed by the U.S. Navy.
Lands constituting the Mare Island Settlement Area presently remain in the ownership of the United States subject to state title rights, some of which are recognized by the United States and/ or the City, and some of which are asserted by the State but contested by the United States and/or the City. The City owns the North Housing Site by deed from the United States dated March 23, 1978. Pursuant to the Base Closure and Realignment Act and other applicable federal law, City has approved a Final Reuse Plan identifying appropriate future uses of specific areas within the U.S. Lands. Under the Reuse Plan the Mare Island Settlement Area is to come under City control, except for certain parcels that will become the property of the U.S. Coast Guard, the U.S. Army Reserve, the U.S. Forest Service and the U.S. Fish and Wildlife Service (referred to as the "federal agencies") and the marshlands, inactive dredge ponds and open water areas on the west side of Mare Island and the open water south and east of Mare Island, all of which will be deeded to the State by the United States. The State claims that certain of the real property encompassed within the Reuse Plan is within the State Lands.
0. In developing a settlement, the parties have had to deal with unusual factual circumstances that exist in the base-closure context, including the following:
1. The United States has developed the Mare Island Settlement Area with structures designed for military needs. Many of these structures are not necessary or useful for public trust uses, are substandard for public trust or other uses, and in some cases, are best taken down.
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11. The infrastructure for Mare Island, including the facilities on today's water, will need to be updated, at great cost and delay to development. 111. The waterfront of Mare Island was developed to meet the needs of military ship repair and construction, rather than civilian uses. 1v. During its occupancy of Mare Island, the United States placed hazardous waste or dangerous materials on the surface or within the ground, including offshore areas, on parts of the Mare Island Settlement Area. Studies have been completed and are still being performed concerning hazardous waste or dangerous materials on the property, and much of the hazardous waste or dangerous materials have been removed.
Remediation work is ongoing.
v. The United States will transfer the Transfer and Disposal Parcels to the City and State as the legal conditions for transfer are met. Said transfers will occur according to the individual Transfer and Disposal Parcels, or as part of multi-parcel transfers within the Eastern Early Transfer Parcel or the W estem Early Transfer Parcel.
Because of this, the deeding of properties under this Agreement will occur over time.
P. These issues together impede development, causing a loss of use to the City and to the State of both lands subject to the public trust and lands which are not subject to the public trust.
Q. Certain portions of the State Lands that, prior to reclamation, were active tidelands subject to the public trust, are no longer suitable for public trust uses. These properties are needed for inclusion in development of uses found by the City to be in the best interest of the economy and public good of the City and the State of California. At the same time, certain portions of the U.S. Lands would be most appropriately used for public
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park, marine industry, open space or other uses would be appropriately owned and controlled by the State subject to the public trust. Therefore, exchange of parcels of property whereby the State receives property of equal or greater value under the provisions of California Public Resources Code Section 6307 is appropriate in the circumstances described herein.
R. There is a substantial and bona fide dispute between the United States, City, and State, as to the nature, extent, and location of their respective rights, title and interest in the Mare Island Settlement Area.
S. A determination of the parties' rights, title and interest in the Mare Island Settlement Area will require costly, protracted, and vigorously-disputed litigation with uncertain results if the controversy cannot be resolved by settlement.
T. The parties consider it expedient, necessary, and in their best interests and those of the general public to resolve this title dispute by compromise settlement, avoiding the anticipated substantial costs, time requirements, and uncertainties oflitigation.
U. In the interest of settlement, State and City have conducted independent studies and evaluations of the title evidence, the principles oflaw, the merits of their legal positions, and the value ofland within all of the property that is the subject of this Agreement. The parties have created a settlement, embodied in this document, in the interest of all, including the people of the State of California. The State is authorized by Division 6 of the Public Resources Code, including Section 6307, to exchange interests in real property held by the State by reason of its sovereignty for interests in other lands of equal or greater value that are useful for public trust purposes. 92952 v6
12. V. The settlement allocates the Mare Island Settlement Area, and that portion of Transfer and Disposal Parcel XXI extending east of the Settlement Area, between the City and State (excepting the parcels retained by the United States and shown for reference on Exhibit A) and Public Trust Parcels I and IX, which are to be deeded from the United States to the State. The United States chooses not to be a party to this Agreement. It is, however, required by that Memorandum of Agreement By And Between The United States of America And The City of Vallejo, California For The Economic Development Conveyance of Property On The Former Mare Island Naval Shipyard And Associated Properties Within The City of Vallejo, dated September 30, 1999, to quitclaim the U.S.
Lands (excepting the federal agency parcels) to City. The United States has also agreed to quitclaim certain of the State Lands to the State, reflecting the United States' position that some, but not all, of the State Lands are subject to reversion. The United States will quitclaim to the City portions of the U.S. Lands identified on Exhibit B hereto as Transfer and Disposal Parcels II, N, V, VI, VII, X, XII, XN, XV, XVII, XIX, and XXI. These conveyances may occur over time as environmental remediation work or other action required under federal law (the "Transfer Conditions") is taken on the Transfer and Disposal Parcels. By executing this Agreement, the State is not acquiescing in the United States' designation of certain State-claimed lands as "U.S. Lands." W. The parties have entered an Agreement to settle their dispute regarding sovereign title to tide and submerged lands through a land exchange. The principal terms of the Agreement are described as follows:
i. The Agreement establishes a process through which, over time, the Public Trust Parcels and the North Housing Site will be deeded to the State as lands with 92952 v6
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the undisputed title character oflands subject to the public trust, and the Trust Termination Parcels will be patented to the City free of the public trust. ii. The Agreement recognizes that the Public Trust Parcels, or portions of them, have hazardous waste or dangerous materials in or on them, which will require assessment and remedial action prior to transfer to the State by the City. The Agreement states that the Public Trust Parcels will be transferred to the State by the City or Lennar only after hazardous waste or dangerous materials remediation hcts been completed, as verified by the California Department of Toxic Substances Control ("DTSC"). m. The Agreement requires that, as a condition to the recording of the first patent from the State terminating the public trust in one or more Trust Termination Parcels, the State will simultaneously receive title to the North Housing Site and Public Trust Parcel VIIa, which is intended to be used for a public park. 1v. The Agreement requires that, as a condition to the issuance of a patent for a Trust Termination Parcel within each Transfer and Disposal Parcel, the State receive title to the Public Trust Parcel within that Transfer and Disposal Parcel, unless the State, at its option, chooses at its sole discretion to take a portion of the Public Trust Parcel lying within that particular Transfer and Disposal Parcel.
v. The Agreement provides for the issuance of a lease from the State to the City for the lands within the Public Trust Parcels (except certain lands or open waters retained by the State or leased to the U.S. Fish and Wildlife Service) for uses consistent with and in furtherance of the public trust, upon the terms and conditions specified in the lease. vi. The Agreement requires that the City, when it receives Transfer and Disposal Parcel IV, grant to the State an Industrial Easement for commercial and industrial
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access within Trust Termination Parcel IV to and from Berth 20 on the east shoreline of Mare Island and a Public Trust Easement for lay down, shipping, and crane movement. v11. The Agreement also requires that, should the City of Vallejo receive title to the Army Reserve Area (see Exhibit A), the City of Vallejo will deed to the State certain lands within that area as lands of the legal character of tide and submerged lands, and that the State will patent to the City certain lands upland of the lands received from the City as lands free of the public trust.
v111. The Agreement also deals with title to the Mare Island Causeway west of the legislative grant to the City, and sets forth a mechanism to assure sovereign State title in the Causeway and the submerged land underlying it, together with a lease to the City when the State takes title.
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AGREEMENT
In consideration of the foregoing recitals and the following conveyances and terms, the parties hereby agree as follows:
1. City Conveyances of Public Trust Parcels to State. City agrees to grant to the State the real property contained in Public Trust Parcels II, IV, V, VI, Vila, VIIb, Xa, Xb, XV, and XVII as described in Exhibit E ("Descriptions of Public Trust Parcels"), the North Housing Site as described in Exhibit F ("Description of North Housing Site"), and the easements described in Exhibit G ("Description of Public Trust Easement") and Exhibit H ("Description of Industrial Easement"). The City agrees to quitclaim to the State the real property contained in Public Trust Parcels I and IX as described in Exhibit I ("Descriptions of Public Trust Parcels I and IX") and Public Trust Parcel XXI as described in Paragraph 7(c). The City's obligation to make a particular conveyance to the State shall arise under the circumstances: (1) when the City has received a Public Trust Parcel through either an Economic Development Conveyance under the Defense Base Closure and Realignment Act of 1990, as amended, Section 2905(b), and 32 Code of Federal Regulations, Part 175. 7(e) (f), or a Public Benefit Conveyance under the Federal Property and Administrative Services Act of 1949, 40 United States Code Section 484(k), and 32 Code of Federal Regulations, Part 176.5(0), which occurs following the issuance of a Finding of Suitability to Transfer under Public Law 101-510 and the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") 42 United States Code, Section 120(h); or (2) after the issuance of and conveyance under a Finding of Suitability for Early Transfer, Public Law 101-510, Section 2905(e) and after the properties have been remediated pursuant to Paragraph 8. The conveyances of these properties shall be in a form substantially similar 92952 v6
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to those deeds contained in Exhibit J ("Form of City Deed"), Exhibit K ("Form of City Deed of Public Trust Easement"), Exhibit L ("Form of City Deed of Industrial Easement"), and Exhibit M ("Form of City Quitclaim of Public Trust Parcels"), which all shall be conveyed to the State as lands of the legal character of tide and submerged lands subject to the public trust. The timing of the conveyances required by this Paragraph shall be made according to the terms of Paragraphs 5 and 7(c) below, and as further provided in Paragraphs 34 and 35, which set out escrow requirements.
2. No Warranties Or Representations; Assignment of United States Environmental Covenants. All conveyances by City to State shall be "As Is - Where Is," and City makes no representation or warranty of any kind, express or implied, as to the physical or legal condition of the property granted. Notwithstanding the foregoing, the City and State acknowledge that, through the conveyances underlying this Agreement, all warranties or indemnities provided by the United States pursuant to the Defense Authorization Act of 1993, Pub. L. 102-484 § 330(a)(l), Defense Base Realignment and Closure Act of 1990, Pub. L. 105-510 § 2901 et seq., and the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9620(h), and pertaining to the release or threatened release of any hazardous substance, pollutant, contaminant, petroleum, or petroleum derivative resulting from Department of Defense activities, if any, will be transferred along with the conveyances of Public Trust and Trust Termination Parcels to the City, State, and any successor, assignee, transferee, lender, lessee or grantee to the City or State and any other person or entity that acquires ownership or control of the Mare Island Settlement Area or any portion therein. The City and State acknowledge that 92952 v6
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transfers of the Public Trust and Trust Termination Parcels between the City and State do not cause the grantor to lose any warranty or indemnity provided by the United States.
3. State Transfers To City. State agrees to convey by patent, remising and releasing to City, all of the State's right, title and interest existing by virtue of the Arkansas Swamp Lands Act of 1850 or the State's sovereignty in that real property described as Trust Termination Parcels Ia, Ib, Ic, II, IV, X, XII, XIV, XV, XVII, XVIII, XIX, and Island Energy in Exhibit N ("Description of Trust Termination Parcels"), reserving to the State the Public Trust Easement and Industrial Easement within that portion of Trust Termination Parcel IV described in Exhibit G and Exhibit H. The Trust Termination Parcel Island Energy may be conveyed to the City or City's designee. The State will exercise the Public Trust Easement for the trust purposes oflay down, shipping, and crane movement in the Public Trust Easement Parcel upon recordation of the deed of easement. The Industrial Easement shall be available for the purposes of public and private movement of industrial products to and from Berth 20. The State's conveyance of Trust Termination Parcels shall be effected by way of patents substantially in the form attached hereto, marked Exhibit 0 ("Form of State Patent and Trust Termination") and, for Trust Termination Parcel IV, Exhibit P ("Form of State Patent and Trust Termination for Trust Termination Parcel IV").
The State's conveyance of Trust Termination Parcel IV shall include a reservation of the easements as outlined above and any access as required by Paragraph 19. The State's patents shall confirm to the City title to the Trust Termination Parcels free of the public trust and terminate any possible State interest existing by virtue of the public trust , swamp and overflowed lands, or any reversionary interest arising from the State Grants, subject to the reservations as addressed above. The timing of the conveyances required by this Paragraph 92952 v6
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shall be made according to the terms ofParagraph 5, and as further provided in the Paragraphs 34 and 35 below, which set forth escrow requirements.
4. State Lands Commission Findings. The State approved this Agreement at its public meeting of June 27, 2000, acting pursuant to Calendar Item Number 36 and as amended at its public meeting of September 17, 2001, acting pursuant to Calendar Item Number 68. The State, effective upon recordation of a patent for a particular Trust Termination Parcel, finds and declares that, as to that particular Trust Termination Parcel:
a. All of that Trust Termination Parcel has been improved, filled, and reclaimed; has been excluded from any public channel; is not available or useful or susceptible ofbeing used for commerce, navigation, and fisheries; is not in fact tidelands and submerged lands; is free from the public trust for commerce, navigation and fisheries; and that this Agreement will acquire for the State a substantial title interest in a Public Trust Parcel which is of significant value for public trust uses; b. This Agreement is in the best interests of the State for:
1. the improvement of navigation;
11. the enhancement of the configuration of the shoreline for the improvement of the water and upland; and
111. the protection, preservation and enhancement of the tidelands and submerged lands and public access thereto pursuant to the public trust; c. The conveyances made pursuant to this Agreement will not substantially interfere with the rights of fishing and navigation in San Francisco Bay, San Pablo Bay, or tributary channels of either bay;
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d. Sovereign interests within the Trust Termination Parcel are not necessary or useful for commerce, navigation, or fisheries, and sovereign interests are better served by the acquisition of title to the Public Trust Parcels and the North Housing Site; e. The sovereign interests within the Trust Termination Parcel comprise only a small part of the land lying within the historic Napa River and San Pablo Bay; f. The value of non-sovereign interests to be received in the Public Trust Parcels is greater than or equal to the value of sovereign interests to be released in the Trust Termination Parcels;
g. The parties have a good faith and bona fide dispute as to the:ir respective interests within the Mare Island Settlement Area. This Agreement is a compromise of the contested issues oflaw and facts upon which the dispute is based, and is entered in lieu of the costs, delay, and uncertainties of title litigation, and is consistent with and authorized by the requ:irements of law; and
h. Because this Agreement is in settlement of a title dispute, it is therefore exempt from the California Environmental Quality Act pursuant to Public Resources Code Section 21080.11.
5. Conveyances to Occur by Transfer and Disposal Parcels. As a condition to the issuance by the State of a patent for a Trust Termination Parcel lying within a Transfer and Disposal Parcel, the State shall receive a deed for the Public Trust Parcel lying within that Transfer and Disposal Parcel. At its option, which it may exercise at its sole discretion, the State may choose to take a portion of the applicable Public Trust Parcel lying within the particular Transfer and Disposal Parcel. If requested, the State may also opt to take a different Public Trust Parcel from the one comprised within the particular Transfer and
20. Disposal Parcel in exchange for issuance of a Patent for the Trust Termination Parcel lying within that Transfer and Disposal Parcel.
6. State to Convey Trust Termination Parcel XV Upon City Conveyance of Public Trust Parcel VIIa and North Housing Site. As a condition to the issuance of a patent for Trust Termination Parcel XV described in Exhibit N, the State shall receive deeds for Public Trust Parcel VIIa as described in Exhibit E and the North Housing Site as described in Exhibit F. At the State's sole option, the State may waive receipt of the North Housing Site in conjunction with its patent of Trust Termination Parcel XV on terms stipulated by the State to receive the North Housing Site at a later time.
7. State Receipt of Title to Public Trust Parcels I, IX, and XXI. a. The State shall receive title to Public Trust Parcels I and IX as described in Exhibit I, or, at the State's option, portions thereof, by quitclaim deed from the United States as land of the legal character of tide and submerged lands. b. The City shall quitclaim to the State any rights it has in Public Trust Parcels I and IX by deed in the form attached as Exhibit M. At the State's request, a lesser portion of Public Trust Parcels I or IX may be quitclaimed by the City. c. The City and State agree that the portion of Transfer and Disposal Parcel XXI (the "Causeway") lying west of the legislative grant to the City as described in Chapter 310, Statutes of 1913, as amended, and continuing west to the westerly boundary of Parcel IX (hereafter referred to as "Public Trust Parcel XXI"), will be sovereign land at the termination of United States' ownership and the State's acceptance of title. The terms of Paragraphs 7(b) and 7(c) address the achievement of full State ownership of the submerged lands under the Causeway, and the Causeway structure overlying and affixed to the 92952 v6
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submerged land, given the fact that the United States may convey the structure to the City sometime after the effective date of this Agreement.
1. The City may accept a conveyance from the United States of Transfer and Disposal Parcel XXI. The City shall quitclaim to the State Public Trust Parcel XXI when the State has accepted title to the portion of Public Trust Parcel IX underlying the Causeway, or when the State has secured a judgment establishing its title to the land underlying the Causeway within Public Trust Parcel IX.
11. If the United States conveys to the City title to the causeway structure and to the land underlying it, the City will convey both the structure and the land to the State.
111. Upon the State's acceptance of ownership, the State and City shall include Public Trust Parcel XXI described in Paragraph 7(c)(i), including the submerged land underneath the Causeway structure, as part of the lease between the State and City referred to in Paragraph 16 according to the terms of that lease.
8. No Conveyance of a Public Trust Parcel by City to State to Occur Until Hazardous Waste or Dangerous Materials Remediation Completed. a. The State shall not be required to accept title to any Public Trust Parcel or the North Housing Site from the City unless and until all required assessment and remedial action has been completed concerning that Public Trust Parcel or the North Housing Site, as certified to the State in writing by the DTSC. Such certification shall consist of the issuance of a certification, closure approval, or similar letter by DTSC attesting that all required assessment and remedial action has been completed pursuant to the Consent Agreement governing the Parcel or Site, or, if there is no such Consent
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Agreement, pursuant to the legal requirements administered by DTSC applicable to the respective Parcel or Site. Said letter shall document that the required remedial actions have been implemented subject to any remaining long-term obligations such as operation and maintenance, review and/ or monitoring, and documenting that DTSC has entered into an enforceable agreement with a responsible party, requiring that the responsible party implement those remaining long-term obligations. The State shall not be responsible for contributing to any costs associated with said long-term obligations. b. In this Agreement, the term "hazardous waste" shall mean, without limitation any hazardous substances, pollutants, contaminants, or solid wastes subject to or regulated under State or federal law including, but not limited to, "hazardous substances" as defined in Section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. § 9601(14) ("CERCLA"); "hazardous substances" as defined by the Hazardous Substance Account Act, California Health & Safety Code §§ 25316, 25317; "wastes," "contaminants," or "pollutants," as defined by the Porter Cologne Act, California Water Code§ 13050(d), (k), or (I); "solid wastes," as defined by § 1004(27) or the Solid Waste Disposal Act, as amended, 42 U.S.C. § 6903(27) (commonly known as the "Resource Conservation and Recovery Act") ("RCRA"); "oil," as defined by § 3ll(a)(l) of the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1321(a)(l) (commonly known as the "Clean Water Act"); "oil," as defined by§ 1001(23) of the Oil Pollution Act of 1990, 33 U.S.C. § 2701(23) ("OPA"); any natural gas, natural gas liquids, petroleum refining, exploration, development and/ or production, including, but not limited to, drilling fluids, produced waters, waste oil, and oil field mud. 92952 v6
23. c. In this Agreement, the term "dangerous materials" shall mean explosives, ordnance, compressed gases, flammable liquids and. solids, oxidizers, reactives, poisons, infectious substances, radioactive materials, and corrosive materials.
9. State Assignment of Interests in the Gap Lands to City. The State agrees to remise, release, and quitclaim to the City any interest the State possesses to that portion of Trust Termination Parcels lb and XVIII lying westerly of the Joy Survey Boundary line of 1923 ("Gap Lands") and described in Exhibit Q ("Legal Description of Gap Lands") attached hereto, and hereby authorizes the United States to quitclaim any interest the United States possesses in the Gap Lands directly to the City. Following execution of this Agreement, the State shall deposit into escrow a quitclaim to the City for the Gap Lands substantially in the form attached hereto as Exhibit R ("Form of State Quitclaim of Gap Lands"). Escrow Agent shall record said quitclaim of the Gap Lands only upon recordation of grant deeds from the City to the State for Public Trust Parcel VIIa described in Exhibit E and the North Housing Site described in Exhibit F. However, this requirement need not be met if Public Trust Parcel VIIa and the North Housing Site have previously been deeded to the State or if Public Trust Parcel VIIa has been deeded to the State and the State has waived its receipt of the North Housing Site on terms stipulated by the State to receive the North Housing Site at a later time. In either case, Escrow Agent shall record said quitclaim upon receipt of the deeds and other documents necessary to close escrow to Gap Lands.
Immediately thereafter, Escrow Agent shall record the United States quitclaim to City of any right, title or interest the United States possesses in said Gap Lands.
10. Receipt by State of Title to Public Trust Parcel VI. If the City has not conveyed Public Trust Parcel VI to the State by April 1, 2005, because the City has not 92952 v6
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received title to Transfer and Disposal Parcel VI from the United States, the City shall, at the request of the State, seek by all available means to enforce the Economic Development Conveyance Memorandum of Agreement between the City and the United States or any other applicable agreement governing conveyance of the Parcel in order to complete the cleanup and transfer of Transfer and Disposal Parcel VI to City.
11. Patent of Trust Termination Parcels not Containing Public Trust Parcels. For Transfer and Disposal Parcels that do not contain any Public Trust Parcels, the State shall issue a patent for that Trust Termination Parcel to the City when the United States has conveyed the Transfer and Disposal Parcel to the City.
12. State Transfer of Trust Termination Parcels Ia, lb and le to the City. The State shall issue a patent to the City for Trust Termination Parcels Ia, le, and that portion of lb not previously quitclaimed to the City under Paragraph 9 when the United States has quitclaimed Trust Termination Parcels Ia, lb, and le to the State.
13. Future Deeds of Army Reserve Site. If the City receives title to Transfer and Disposal Parcel III (the "Army Reserve Site") after the Effective Date of this Agreement, City shall grant to the State that portion of Transfer and Disposal Parcel III lying waterward of the southerly extension of the western boundary of Public Trust Parcel IV as land of the legal character of tide and submerged lands. The City shall also grant to the State a public trust easement in that portion ofTransfer,and Disposal Parcel III bounded by the southerly extension of the eastern and western boundaries of the Public Trust Easement described in Exhibit G. This public trust easement shall be exercised for the purposes oflay down, shipping and crane movement. Simultaneous with receipt of these grants, the State shall issue a patent and trust termination for so much of Transfer and Disposal Parcel III lying
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landward of the southerly extension of the western boundary of Public Trust Parcel IV, reserving from that conveyance the public trust easement referenced above. The State and City shall accomplish the exchange described in this Paragraph by separate agreement, subject to escrow instructions as then agreed to by the parties and to the issuance of title commitments acceptable to the parties as a condition to the close of escrow.
14. Restrictions on City Leases of Public Trust Parcels. Following the City's receipt of a Transfer and Disposal Parcel from the United States, but before the deed and patent for the Public Trust and Trust Termination Parcels contained within have been recorded, the City shall not lease the Public Trust Parcel portion for a period exceeding twenty (20) years and said leases shall be limited to public trust uses.
15. Restrictions on City Conveyance of Transfer and Disposal Parcels.
Following the City's receipt from the United States of a Transfer and Disposal Parcel which contains both a Public Trust and a Trust Termination Parcel, but before the deed and patent for any Public Trust or Trust Termination Parcel contained within it have been recorded, the City shall not convey the Trust Termination Parcel, except pursuant to the provisions in Paragraphs 15(a) through 15(g), inclusive.
a. The City may convey Transfer and Disposal Parcel IV to Lennar prior to the State's receipt of Public Trust Parcel IV, to expedite remediation of Transfer and Disposal Parcel IV and to realize the benefits of early transfer by allowing simultaneous infrastructure and other development. Such conveyance shall be subject to delivery by the City and Lennar to State of evidence that the conditions and covenants in 15(a)(i)-(a)(iii) outlined below are or will be satisfied. Lennar shall present evidence reasonably satisfactory 92952 v6
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to State that 15(a)(iv) and (v) below have been satisfied prior to any transfer of any property covered by this Agreement from the City to Lennar or from Lennar to third parties.
1. Lennar shall satisfy or cause to be satisfied the conditions under this Agreement to enable the City to conclude the property transfers to and from the State contemplated in this Agreement to the extent that a conveyance from Lennar to City or State is required to do so;
11. Lennar is a party to a Consent Agreement issued by DTSC which requires the assessment and remediation of Public Trust Parcel N. Lennar agrees that Lennar will propose to DTSC a schedule of investigation and remediation designed to complete necessary remediation of Public Trust Parcel N no later than the completion of necessary remediation of Trust Termination Parcel N. Lennar agrees to provide the State with reasonable notice and opportunity to comment on any proposal to materially modify the schedule of investigation and remediation for Public Trust Parcel N; 111. The Consent Agreement requires DTSC to consult from time to time with the State concerning the status of the remedial action on Public Trust Parcel N.
The State and Lennar acknowledge that the final determination of necessary remedial actions and institutional controls lies with DTSC. Lennar will propose to DTSC that the remedial actions and institutional controls required for Public Trust Parcel N be based upon the proposed land uses described in the Development Plan attached as Exhibit S ("Mare Island Land Use Plan"). The State, the City, and Lennar agree to accept such remedial actions on Public Trust Parcel N as finally determined by DTSC and outlined in the Consent Agreement;
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lV. Lennar may not transfer title to, or encumber, all or a part of Trust Termination Parcel IV prior to the State's receipt of Public Trust Parcel IV in accordance with Paragraph 8(a) of this Agreement, except where Lennar remains contractually bound to perform all terms, conditions, and conveyances which may be necessary to implement the land exchange which is the subject of this Agreement and to comply with the Consent Agreement concerning said Public Trust Parcel; and v. Lennar and Lennar's transferee shall waive any claims or defenses such as estoppel, waiver, and !aches to the State's asserted sovereign lands claim to the extent such claims or defenses are based upon actions taken by Lennar or Lennar' s transferee to improve the property after the transfer of the property to Lennar. b. A conveyance of any beneficial interest under this section shall be effected by recorded instrument substantially in the form attached hereto as Exhibit T ("Form of Conveyance Instrument"), which recognizes the State's asserted public trust claims in the property as such claims are reflected in this Agreement, pending remediation and transfer of Public Trust Parcel IV to the State. Once remediation is completed in accordance with Paragraph 8(a) of this Agreement and the deed for the Public Trust Parcel to the State has been recorded, the State shall issue a patent for the Trust Termination Parcel to the City as provided in this Agreement, so as to clear title to said Parcel of all public trust claims by the State.
c. No later than ninety (90) days from the date a conveyance of any part of Transfer and Disposal Parcel IV from the City to Lennar is recorded, Lennar shall deliver to the State a security bond or letter of credit ("Security Bond") in the amount of $2 million in a form acceptable to the State. Upon the State's receipt of Public Trust Parcel IV in
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accordance with Paragraph 8(a) of this Agreement, or upon termination of the Consent Agreement based on failure of Lennar or the City to receive the funds for environmental services from the United States provided for by the ESCA, the State shall release its right in the Security Bond to the issuer. However, the State shall not be required to release its right in the Security Bond upon the failure of Lennar or the City to receive funds for environmental services from the United States provided for by the ESCA if the reason for the failure is the material default by Lennar of its obligations under the Mare Island Remediation Agreement ("MIRA"). IfLennar or the City should subsequently receive these funds from the United States, Lennar shall reinstate the bond required under this section subject to the identical terms and conditions. If at any time prior to the State's release of its rights in the Security Bond to the issuer DTSC has made a final determination that Lennar is in material, uncured default of the Consent Agreement and a cure period of one year has expired without cure, the State may redeem the Security Bond.
Notwithstanding redemption of the Security Bond by the State, Public Trust Parcel IV will remain subject to the public trust and be available for transfer to the State in accordance with this Agreement.
d. At any time during the pendency ofremediation, the State may choose to accept Public Trust Parcel IV without certification from DTSC. In order to provide the State with this option, Lennar shall, upon receipt of Public Trust Parcel IV, deposit into escrow a deed to Public Trust Parcel IV naming the State as grantee substantially in the form attached hereto as Exhibit U ("Form of Lennar Deed to State for Public Trust Parcel N"). Notwithstanding such early transfer of Public Trust Parcel IV to the State, the State may redeem the Security Bond pursuant to Paragraph 15(c) above. The State, in tum, must
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allow Lennar the opportunity to complete its obligations under the MIRA and the Consent Agreement.
e. No later than ninety (90) days from the date a conveyance of any part of Transfer and Disposal Parcel IV from the City to Lennar is recorded, Lennar shall provide public access to and along the shoreline of Public Trust Parcel N, to the extent allowed in accordance with the Site Control Plan prepared pursuant to the Consent Agreement, subject to closures necessary to protect public health, safety, or the environment or to protect the integrity of environmental investigations or remediation, all as determined by either a regulatory agency such as DTSC or by the environmental contractor responsible for investigation and remediation of Public Trust Parcel N. f. In the event remediation and transfer of Public Trust Parcel N has not occurred and public access to and along the shoreline of Public Trust Parcel IV is not available within one year of the effective date of this Agreement due to site control limitations or because the State has not received title to Public Trust Parcel N, the City and Lennar shall provide the alternate route of access shown in Exhibit V ("Plat of Alternative Access"). Said access shall be by an easement in favor of the people of the State of California or other legal method acceptable to Lennar and the State. The purpose of such alternate access is to provide continuous public access to and along the shoreline notwithstanding that the State has not received or the public has been denied access to a part of Public Trust Parcel N. The City or Lennar, upon written notice to the State, may relocate said route of access described in Exhibit V only with the consent of the State, which the State agrees will not be unreasonably withheld, or under a finding by the State or local government that relocation is necessary to protect public health or safety. Such relocated 92952 v6
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route of access shall be as close to the shoreline as practicable. When the State has received title to all of Public Trust Parcel IV through the land exchange embodied in this Agreement, the State will release this right to such alternate access. g. Lennar shall not transfer fee title to any portion of Trust Termination Parcel N conveyed to it by the City under the terms of this Agreement until it has received the second installment of remediation funds as specified under the ESCA. Said limitation shall not prohibit the conveyance of a leasehold interest. If Lennar or the City does not receive the second installment of funds as specified under the ESCA within ninety (90) days of the date specified in the ESCA, the parties shall meet and confer regarding mutually acceptable steps to carry out the terms of the Agreement, including filing an action to compel the United States to undertake its obligations under the Defense Base Realignment and Closure Act of 1990, Pub. L. 105-510 § 2901 et seq., and the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9620(h).
Notwithstanding such a meet and confer requirement, this Agreement shall remain in full force and effect unless amended by the parties in writing.
16. Leaseback of Public Trust Parcels. Upon receipt of title to Public Trust Parcel VIIa, and continuing for a period specified in the lease, the State agrees to lease to the City, subject to the public trust as it applies to tide and submerged lands, each of the Public Trust Parcels, including Public Trust Parcel XXI and the submerged lands underlying the Causeway structure, as the parcels are deeded to and accepted by the State except for marshlands, open water, and inactive dredge ponds contained within Parcel I as shown in Exhibit W ("Description oflnactive Dredge Ponds") and lands or open waters retained by the State. Public Trust Parcels leased to the City are subject to the use restrictions, 92952 v6
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reservations, and terms of the lease. The State intends to retain some lands and open waters and to lease that portion of Public Trust Parcel I comprised of marshlands, open water, and inactive dredge ponds as shown in Exhibit W to the U.S. Fish and Wildlife Service. The lease to the U.S. Fish and Wildlife Service, and not this Agreement, shall control as to the terms and conditions regarding the future use of the land described in Exhibit W.
17. Public Trust Easement. Upon receipt of title to the land within Transfer and Disposal Parcel IV from the United States, the City shall grant to the State a Public Trust Easement to be exercised by the State for purposes oflay down, shipping and crane movement in the land described in Exhibit G. This grant of Public Trust Easement shall be in the form of an easement attached as Exhibit K. This Public Trust Easement shall also appear as a reservation in the State's patent and trust termination issued to the City for Trust Termination Parcel IV.
18. Industrial Easement. Upon receipt of title to the land within Transfer and Disposal Parcel IV from the United States, the City shall grant to the State an Industrial Easement for the purposes of public and private movement of industrial products to and from Berth 20 within the land described in Exhibit H. This grant shall be in the form of an easement attached as Exhibit L. This easement shall be appurtenant to and benefit that area described in Exhibit X ("Description of Parcel to Which Industrial Easement Is Appurtenant"). This Industrial Easement shall also appear as a reservation in the State's patent and trust termination issued to the City for Trust Termination Parcel IV.
19. City Provision of Access to the Public Trust Parcels. The State shall have legal pedestrian and vehicular access to the Public Trust Parcels from the time they are conveyed to the State. As Mare Island is developed, the recordation of subdivision maps
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will create dedicated streets that will provide access to the Public Trust Parcels. In the meantime, the City will provide the State with legal, insurable access to the Public Trust Parcels either by means of specific deeds of easement (which shall terminate upon the dedication of streets that provide access to the parcel in question), or by the less cumbersome method of license, which, for example, could specify that the State has access to the Public Trust Parcels by way of the named (but undedicated) streets of the Mare Island Naval Shipyard. Any such license shall be irrevocable until final subdivision maps are recorded and attendant street dedications provide equivalent access. It is the parties' understanding that such a license will be sufficient for the title insurer to issue its extended coverage title policy which provides access coverage as referred to in Paragraph 34(b).
20. Remediation and Transfer Status Report. Beginning six (6) months following the execution of this Agreement by all parties and continuing every six (6) months thereafter, the City shall mail to the State a semi-annual status report regarding remediation of hazardous waste and dangerous materials and transfers ofland by the United States.
These reports shall be prepared by staff at City's Community Development Department and mailed between the first and fifth days of each semi-annual month, by two copies. One shall be addressed to the Executive Officer, State Lands Commission and the other to the Chief, Land Management Division, State Lands Commission. Each report shall list:
a. The Transfer and Disposal Parcels which have been transferred to date by the United States;
b. The identity of Transfer and Disposal Parcels which have been remediated;
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c. Remediation work which is ongoing by Transfer and Disposal Parcel; and
d. Estimated dates of conveyance from the United States to the City of each remaining Transfer and Disposal Parcel.
21. Acceptance of Conveyances and Consent to Recording. By their execution of this Agreement, the parties each agree to accept the conveyance of interests in land referred to in this Agreement and consent to the recording of this Agreement and other documents executed pursuant to this Agreement.
22. Judicial Confirmation on Validity of Settlement Agreement. Within forty-five (45) days of the effective date of this Agreement, the City shall submit the settlement embodied in this Agreement to a court of competent jurisdiction to confirm the validity of this settlement by court judgment. The City and the State shall cooperate in obtaining any such confirmatory court judgment.
23. Appeal of Judgment Waived. Upon entry of a judgment confirming the validity of the settlement embodied in this Agreement as provided in Paragraph 22 above, each party shall be deemed to have waived any right to appeal from said judgment.
24. Further Assurances. So long as authorized by applicable laws to do so, the parties will perform such other acts, and execute, acknowledge and deliver all further conveyances and other instruments that may be necessary to assure to the other parties all of the respective properties, rights, titles, interests, remedies, powers and privileges to be conveyed or provided for by this Agreement.
25. Execution Before a Notary Public. All signatures of the parties to this Agreement and all deeds and other conveyances executed pursuant to this Agreement shall
34. be aclrn.owledged before a Notary Public and a certificate of aclrn.owledgement shall be attached to the executed Agreement and other documents to allow them to be recorded in the Office of the Recorder of the County of Solano, California.
26. Agreement for Compromise and Settlement. It is expressly understood by the parties that the provisions set forth in this Agreement have been agreed upon for purposes of compromising and settling the respective disputed interests of the parties in the Mare Island Settlement Area.
27. No Admission or Effect if Agreement Not Made Effective. In the event this Agreement does not become effective, nothing in it shall constitute, or be construed as, an admission by any party hereto or evidence concerning the boundaries, physical character, or character of title or interest in the U.S. Lands or State Lands.
28. No Effect on Other Lands. The provisions of this Agreement do not constitute, nor are they to be construed as, an admission by any party or evidence concerning the boundaries, physical character, or character of title to or interest in any lands outside the U.S. Lands or State Lands.
29. Agreement Binding on Successors. All the terms, provisions, and conditions of this Agreement shall be binding upon and inure to the benefit of the respective heirs, administrators, executors, successors, and assigns of the parties.
30. No Third Party Beneficiaries. There are no third party beneficiaries of this Agreement.
31. Modification. No modification, amendment, or alteration of this Agreement shall be valid unless in writing and signed by the parties to this Agreement. 92952 v6
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32. No Effect on Other Government Jurisdiction. This Agreement has no effect whatsoever on the regulatory, environmental or other jurisdiction of any federal, state, local, or other government entity not a party to this Agreement.
33. Headings. The title headings of the sections of this Agreement are inserted for convenience only and shall not be considered in construing this Agreement.
34. Escrow.
a. The City and State have agreed to open an escrow with First American Title Guaranty Company ("Escrow Agent"). The City and State shall submit mutually agreeable escrow instructions to the Escrow Agent for the recording of this Agreement and its associated deeds substantially in conformance with Paragraphs 34 and 35 of this Agreement, among other terms and conditions governing the close of escrow that may be agreed to by the City and State.
b. The City and State anticipate that the exchange oflands in the Agreement will occur over time and through multiple conveyances and closings. To facilitate the execution of these multiple conveyances and closings, the City and State intend to maintain an open escrow account. Escrow shall close as to individual Public Trust Parcels and Trust Termination Parcels according to the mutually agreeable escrow instructions referenced above.
c. Upon executfon of the Agreement, the State shall deposit the following documents into escrow:
1. A certified copy of the minute item showing the State's approval of Calendar Item No. 36 at its regular public hearing on June 27, 2000, and a certified copy of the minute item showing the State's approval of Calendar Item No. 68 at
36. its regular public hearing on September 17, 2001, all showing the Commission's approval of this Agreement and the amendments thereto and the Commission's authorization that the Agreement and the patents referred to in Paragraph 3 be executed and delivered on the State's behalf according to the terms of this Agreement and its escrow instructions; and
11. This Agreement, duly and properly executed by the State. d. Upon execution of the Agreement, the City shall deposit into escrow:
1. A certified copy of Resolution No. 02-43 N.C. adopted by the City Council of the City of Vallejo on January 29, 2002, approving this Agreement and authorizing that it be executed on the City's behalf, including the deeds referred to in Paragraph 1, according to the terms of this Agreement and to its escrow instructions; and
11. This Agreement, duly and properly executed by City. e. Upon execution of this Agreement, Lennar shall deposit into escrow:
1. This Agreement, duly and properly executed by Lennar; and
11. A certified copy of a corporate resolution or certificate of incumbency authorizing the signatory to execute and deliver documents on behalf of the corporation.
35. Recordation of Agreement and Close of Escrow.
a. Upon receipt of all documents listed in Paragraph 34 above, the Escrow Agent shall record this Agreement in the Office of the County Recorder for the County of Solano, California, and provide notice to the State, City, and Lennar of such recordation. In addition to said notice, Escrow Agent shall provide each party with a certified copy of the Agreement, duly recorded. The purpose of the recordation of this 92952 v6
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Agreement is to put all persons on notice of this Agreement and its terms and to make this Agreement effective among the parties.
b. In addition to other terms and conditions, the escrow instructions referenced in Paragraphs 34(a) and 34(b) shall require that, after recordation of this Agreement and for each individual parcel or portion thereof, the City and State submit the following documents into escrow:
1. State approval in writing of the condition of title as shown in proforma title commitments for each Public Trust Parcel or the North Housing Site, including an extended coverage title policy which provides for coverage of access to the North Housing Site or Public Trust Parcel about to be received;
11. Written verification from the State that all required assessment and remedial action has been completed in accordance with Paragraph 8 of this Agreement; m. City approval in writing of the condition of title as shown in proforma title commitments for each Trust Termination Parcel; 1v. Deeds substantially in the form attached hereto as appropriate to the particular parcel or conveyance, duly and properly executed ( deeds shall be submitted at the time a particular parcel is to be conveyed); and v. Written confirmations from the City and State that the particular parcel or portion thereof is ready for recordation of the deeds pertaining thereto. c. The recording of deeds and patents subsequent to the recordation of this Agreement shall be controlled by the terms of the Agreement and the escrow instructions entered by the City and State.
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38. 36. Purpose to Perfect Title. This Agreement is intended solely for the purpose of perfecting title to lands within the U.S. Lands and State Lands and, accordingly, for tax assessment purposes, the quitclaims and patents described herein do not involve a change in ownership pursuant to Section 62(b) of the California Revenue and Taxation Code.
37. Allocation of Costs and Expenses. The City shall pay the expenses and fees of the Escrow Agent, including those costs associated with document preparation and recordation of this Agreement, its deeds and patents, and any associated documents. All other fees (such as for a title insurance policy), costs and expenses of any attorney, engineer or other person employed or retained by a party in connection with the transactions underlying this Agreement shall be borne by the party incurring the fee, cost or expense.
38. Effective Date. This Agreement shall become effective only upon execution and recordation of this Agreement. To become effective, this Agreement must be recorded by July 1, 2002.
39. List of Exhibits. Exhibits A through X are attached to this Agreement and incorporated herein.
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To witness this Agreement, a duly authorized officer of each party has executed it below on the date opposite each signature.
STATE OF CALIFORNIA
STATE LANDS COMMISSION
DATED: _~,____l-B--1-----P-~-
By:~
Executive Officer
Approved as to form:
Bill Lockyer
Attorney General
State of California
DATED: ~J--- -d-& -C)
. com
ty Attorney General
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40. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California }
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Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Yci~'J). \)-\~
Name(s) of Signer(s)
'i§'personally known to me
□ proved to me on the basis of satisfactory
evidence
to be the person~ whose name~ is~
subscribed to the within instrument and
acknowledged to me that he~y executed
the same in his/W@!r/ttfeir authorized
capacity(i~, and that by his/~ir
signaturets,- on the instrument the person~ or
the entity upon behalf of which the person~
acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above ~ ~ of
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Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Ty!Je of Document: N~ ~~~ f(kQE2:1'--\ S~ 't.
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Document Date: ½b --Z..."6 Z..cr:>'1, ., Number of Pages:44-- )-~~ ' n , ef..t\\(b~S f\--Z...)
Signer(~ther Than Nam_ed Above: _.J,d_S,:~~:et::..tl¾~~,w~~~(A~'!::....)~1~-===========:::==~ Capacity(~ ,cla,imed by ,filgner
Signer's Name: ·_rc:9i-0'- · ..U. ~'-1~ RIGHT THUMBPRINT OF SIGNER□ Individual
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Signer Is Representing: ~ 0~ l.f\~ ~0~
© 1999 National Nota,y Association• 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnota,y.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 ------Jvt..411/o -
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DATED: --=r;)_I_I ~~'----,7-f~O'--L=----
By:
STATE OF CALIFORNIA
COUNTY OF
On '-,,,.:2-7- '1---00 .,_ ___ _______ ,_____,
___________ ,
2002 before me ' ,4--'u_is0 N t/;£.L;,4,e.,.JJ'\IJE: ------~~~--- personally appeared ~/// ti ~. 11//£77NE:-2-,
personally known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entity on behalf of which the person acted executed the instrument.
CITY OF VALLEJO
David R. Martinez
City Manager
WITNESS my hand , d official seal.
Approved as to form:
11/
DATED: Q ✓ }-0-CJ~ By:cf~ ~ ,
Frederick G. Soley
City Attorney, City of Vallejo
92952 v6
41. ()
STOEL RlVES LLP
DATED: --Lr. -z..1-, 2ot'.IZ--
7 In consideration for the amendments to this Agreement in Paragraph 15 which permit conveyance of Transfer and Disposal Parcel IV in the manner described therein, Lennar hereby executes this Agreement for the purposes of agreeing to be bound to the State with respect to the restrictions on transfer and obligations of Lennar under Paragraph 15 of \\\
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92952 v6
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this Agreement. No assignment or transfer by Lennar of any interest under this Agreement will relieve Lennar of its obligations under this Agreement.
LENNAR MARE ISLAND, LLC, a
California limited liability company by
LENNAR HOMES OF CALIFORNIA,
INC., a California corporation, managing
member
DATED: By:2/2-'7 I/o Z,
Gr
Vice President
e~
STATE OF CALIFORNIA
COUNTY OF s(A dr:littC,s;"
On ,A1,,-..._,,{/ J-1 ,2002 before me, ff1/-;t,._,,J,,+ /J:~ ____________ , personally appeared f6i:r-~ Me,lJ~, li.µY, personally known to me to be the person whose name is subscribM to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entity on behalf of which the person acted executed the instrument.
WITNESS my hand and official seal.
Approved as to form:
DATED: _:2-_/2~.;z_7-+/2_0_.:J-__I 1
Attorneys for Lennar Mare Island
92952v6
43. By:
Bruce
__ _
IN APPROVAL WHEREOF, I, GRAY
DAVIS, Governor ofthe State of California,
have set my hand and caused the Seal of the
State of California to be hereunto affixed
pursuant to section 6107 of the Public
Resources Code of the State of California.
Given under my hand at the C;iJ..of
Sacrame~.t~ this, the -~l=T_·c.;a.......
day of Ji"\ uoI,.. , in the year of
our Lord two thousand and two.
G)j.$t"\ ,'),_,;,
Governor, State of California
Attest:
SECRETARY OF STATE
By:
92952 v6
44. \
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MARE ISLAND
PROPERTY SETTLEMENT
AND EXCHANGE AGREE1\.1ENT
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EXHIBITA
Sheet 1 ofl
Plat ofMare Island Settlement Area
And North Housing Site
City ofVallejo, Solano County, CA.
January 15, 2002
SCALE N FEET
1250 0 2500
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LEGEND
-----,- TRANSFERPARCEL
(2-1-99)
XVI TRANSFER PARCEL IDENTIFICATION
(2-1-99) •
____________....,._ ,....__...,___...,_____________________... ~\
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Note:
Parcel I and IX represents tide and submerged
lands granted by the State ofCalifornia to the
United S1ated pursuaot to Chapter 42 Statute of
1854, Chapter 81 Statute of 1897 and Chapter
'1452, Statutes of 1963.
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STATE
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MAREISLAND
PROPERTY SETTLEMENT
AND EXCHANGE AGREEMENT
Plat of Transfer and Disposal Parcels
City of Vallejo, Solano County, CA.
February 15, 2002
EXBIBITB
Sheet 1 of 1 SCALE IN FEET
12ro -1 26100
r■2soo•
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LEGEND
PT-xx
PUBLIC TRUST PARCEL
TT-xx
TRUST TERMINATION PARCEL
~T-CO
NORTifHO SIN
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MARE ISJ.,AND
PROPERTYSETTLEME
AND EXCHANGE AGRE
EXHIBITC
Sheet 1 of 1
Plat of Transfer and Disposal Parcels
Divided into Public Trust Parcels and
Trust Termination Parcels
SCALE IN FEET
T ! T
1"-2500'
City ofVallejo, Solano County, CA.
January 15, 2002
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EXIDBITD
Sheet 1 of 1
Final Con:figutation of
Public Trust
W25116
City of Vallejo, Solano County, CA.
February 15, 2002
Public Trust Configuration
After the Settlement
MARE ISLAND
PROPERTY SETTLEMENT
AND EXCHANGE AGREEMENT
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SETTLEMENT AREA
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EXHIBIT E
DESCRIPTION OF PUBLIC TRUST PARCEL II
FOR
MARE
ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
A parcel of land being a portion of Former Mare Island .Naval Shipyard, situated in the City of Vallejo, Solano County, California and being a portion of EDC Parcel II as shown on that certain map entitled "Record of Survey Showing Parcel II for Economic Development Conveyance for the Benefit of the City of Vallejo", recorded September 24, 2001 in Book 24 of Surveys Page 74, Solano County Records, and corrected by a Certificate of Correction filed 3 / 12/ o2 at Series Number 2002- 31491 , Solano County, State of California, and more particularly described as follows:
Beginning at a point with CCS83 Zone II (NAD 83) Coordinates of N1805139.86 feet, E6480299.55 feet lying North 27°29'03" West, 17,235.00 feet from a standard USC&GS brass disk stamped "MARE ID SE 1852 1932" referred to as "SEMARE" with CCS83 Zone II (NAD 83) Coordinates of N1789849.0637 feet, E6488254.0248 feet, as shown and delineated on that certain Record of Survey filed for record in Book 24 Surveys Page 51, Solano County Records, from which a 2½" Aluminum Disk stamped "Mare Island Control Point, McGill-Martin-Self, Inc.
Orinda, CA., 3" and referred to as "HCN-3" on said Map bears North 35° 54' 10" West 17,225.54 feet;
Thence from said Point of Beginning,
1) Along the east line of said EDC Parcel II South 11 ° 02' 09" East, a distance of I 61. 83 feet; 2) Thence South 30° 17' 51" East, a distance of 3473 .13 feet to the northeast corner of EDC Parcel IV as shown on that Record of Survey, recorded in Book 24 Surveys Page 71, Solano County Records, also being the southeast corner of said EDC Parcel II; 3) Thence along the nort? line of said EDC Parcel IV, also being the south line of said EDC Parcel II, South 63°14'03" West, a distance of 282.32 feet; 4) Thence leaving the north line of said EDC Parcel IV and the south line of EDC Parcel II and proceeding North 34°59'40" West, a distance of 40.10 feet;· 5) Thence North 57°21 '06" West, a distance of 124.44 feet to the beginning of a non-tangent curve concave to the South having a radius of 155.00 feet and a central angle of 27°35'24"and being subtended by a chord wb.ich bears north 70°18'28" West 73.92 feet; PAGE 1 OF 40
C)
EXHIBIT E
DESCRIPTION OF PUBLIC TRUST PARCEL II
FOR
MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
6) Thence northwesterly and westerly along said curve, a distance of 74.64 feet; 7) Thence North 84 °06' 11 11 West tangent to said curve, a distance of 51. 7 4 feet to the beginning of a curve tangent to said line;
8) · Thence westerly, northwesterly and northerly a distance of 123.99 feet along the curve concave to the northeast, having a radius of 105.00 feet and a central angle of 67°39'37 11 ; 9) Thence North 16°26'33 11 West tangent to said curve, a distance of 99.16 feet to the beginning of a curve tangent to said line;
10) Thence northerly and northwesterly a distance of 129.52 feet along the curve concave to. the southwest, having a radius 165.00 feet and a central angle of 44°58'31 11 ; 11) Thence North 61 °25'04 11 West tangent to said curve, a distance of 39.18 feet to the beginning of a curve tangent to said line;
12) Thence northwesterly a distance of 185.90 feet along the curve concave to the northeast, having a radius of 325.00 feet and a central angle of 32 °46'25 11 ; 13) Thence North 29°11 '43 11 West, a distance of 240.78 feet to the beginning of a non-tangent curve concave to the east having a radius of 405.00 feet and a central angle of 27°36'31 11 and being subtended by a chord which bears North 16°17'52 11 West 193.27 feet; 14) Thence northwesterly and northerly along said curve, a distance of 195.15 feet; 15) Thence North 02°29'36 11 West tangent to said curve, a distance of 154.29 feet to the beginning of a curve tangent to said line;
16) Thence northerly a distance of 178.83 feet along the curve concave to the west, having a radius of 625. 00 feet and a central angle of 16 °23 '40 11 ; 17) Thence North 18°53'15 11 West tangent to said curve, a distance of 126.73 feet to the beginning of a curve tangent to said line;
PAGE 2OF40
EXHIBIT E
DESCRIPTION OF PUBLIC TRUST PARCEL II
FOR
MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
18) Thence northerly and northwesterly a distance of 248.32 feet along the curve concave to the southwest, having a radius of 875.00 feet and a central angle of 16°15'37"; 19) Thence North 35°08'52" West tangent to said curve, a distance of 145.86 feet to the beginning of a curve tangent to said line;
20) Thence northwesterly a distance of 242.43 feet along the curve concave to the southwest, having a radius of 620.00 feet and a central angle of 22°24'12"; 21) Thence North 57°33'04" West tangent to said curve, a distance of 165.16 feet; 22) Thence North 37°30'45" West, a distance of 26.76 feet to a point along the east line of EDC XV as shown on that Record of Survey, recorded in Book 24 Surveys Page 60, and corrected by a Certificate of Correction filed 3) 12 / o2 at Series Number 2002- 31495 , Solano County Records, also being a point along the west line of said EDC Parcel II;
23) Thence along the east line of said EDC Parcel XV and the west line of said EDC Parcel II North 26°55'36" West, a distance of 1191.08 feet to a point on the north line of that parcel as shown on that Record of Survey filed for record in Book 24 Surveys Page 51, Solano County Records, also being the northeast corner of said EDC Parcel XV and the northwest corner of EDC Parcel II;
24) Thence leaving the east line of said EDC Parcel XV and proceeding along the north line of that parcel shown on said Map Book 24 Surveys Page 51, also being the north line of said EDC Parcel II, North 64°52' 15" East, a distance of 507.41 feet to the Point of Beginning.
Said parcel contains 34.99 acres, more or less; attached plat for reference only.
BASIS OF BEARING: The bearing of N35°54'10"W between the found standard brass disk stamped "Mare ID SE 1852 1932" (USC&GS first order triangulation point named "SEMARE") l:lnd the horizontal control network point labeled "HCN-03" as both points are shown on the map filed for record in Book 24 Surveys Page 51, Solano County Records was taken as the Basis of PAGE 3 OF40
C)
EXHIBIT E
DESCRIPTION OF PUBLIC TRUST PARCEL II
FOR
MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
bearing for this legal description and is the California Coordinate System 1983 (CCS83) Zone II (NAD 83).
All distances are ground and in feet unless otherwise noted. To obtain grid distances multiply ground distance by 1.000062043
END OF DESCRIPTION
PAGE 40F40
FOUND POINT SEMARE
DESCRIBED AS A
STANDARD USC&GS
BRASS DISK STAMPED
'MARE ID SE 18521932,
ZONE II COORDINATES\ ~
(NAD83):
'\' · N 1789849.0637
,\e6488254.0248
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EXHIBIT E
DESCRIPTION OF PUBLIC TRUST PARCEL IV
FOR
MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
A parcel of land being a portion of Former Mare Island Naval Shipyard, situated in the City of Vallejo, Solano County, California and being a portion of EDC Parcel IV as shown on that certain map entitled "Record of Survey Showing Parcel IV for Economic Development Conveyance for the Benefit of the City of Vallejo", recorded September 24, 2001 in Book 24 Surveys Page 71, Solano County Records, Solano County, State of California, and more particularly described as follows:
Beginning at a point with CCS83 Zone II (NAD 83) Coordinates of Nl 801865 .1731 feet, E6482031.1594 feet lying North 27°22'43" West, 13531.01 feet from a standard USC&GS brass disk stamped "MARE ID SE 1852 1932" referred to as "SEMARE" with CCS83 Zone II (NAD 83) Coordinates of N1789849.0637 feet, E6488254.0248 feet, as shown and delineated on that certain Record of Survey filed for record in Book 24 Surveys Page 51, Solano County Records, from which a 2½" Aluminum Disk stamped "Mare Island Control Point, McGill-Martin-Self, Inc.
Orinda, CA., 3" and referred to as "HCN-3" on said Map bears North 35° 54' 10" West 17,225.54 feet;
Thence from said Point of Beginning,
1) South 58°54'54" West, a distance of 221.35 feet;
2) Thence North 34°59'40" West, a distance of 126.99 feet to a point on the south line of EDC Parcel II as shown on that Record of Survey, recorded in Book 24 Surveys Page 74, Solano County Records and corrected by a Certificate of ,Correction filed 3:/illZ/.02.::at Series Number 2002- 31491 , also being a point on the north line of said _EDC P~rcel IV; 6 of 40
n n
EXHIBIT E
DESCRIPTION OF PUBLIC TRUST PARCEL IV
FOR
MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
7 of 40
3) Thence along the south line of said EDC Parcel II, also being the north line of said EDC Parcel IV, North 63°14'03" East, a distance of 282.32 feet to the southeast corner of said EDC Parcel II, also being the northeast corner of said EDC Parcel IV; 4) Thence leaving the south line of said EDC Parcel II and proceeding along the east line of said EDC Parcel IV South 30°17'51" East, a distance of 100.00 feet; 5) Thence South 30°53'37" East, a distance of 1567.21 feet; 6) Thence South 35°50'32" East, a distance of 2524.58 feet; 7) Thence South 49°36'01" East, a distance of 186.93 feet; 8) Thence South 34 °20' 56" East, a distance of 2515. 89 feet; 9) Thence South 39°40'47" East, a distance of 1736.43 feet; 10) Thence South 39°39'20" East, a distance of 804.83 feet to a point on the north line of the U.S.
Army Parcel as shown on a map pending recordation entitled "Record of Survey, in the City of Vallejo, County of Solano, State of California, Being a Survey of a Portion of the Mare Island Shipyard as shown on Book 21 of Surveys, Page 94" said map pending recordation by Jeffery L. Mays, L.S. 6379, on August 3, 2000, also being the southeast corner of said EDC Parcel IV;
11) Thence along the north line of said Army Parcel, also being the south line of said EDC Parcel IV, South 65°16'35" West, a distance of 780.92 feet;
12) Thence South 39 ° 55' 11" East, a distance of 73. 08 feet; 13) Thence South 54°46'07" West, a distance of 268.65 feet;
EXHIBIT E
DESCRIPTION OF PUBLIC TRUST PARCEL IV
FOR
MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
8 of 40
14) Thence leaving said Army Parcel north line and said EDC Parcel IV south line, North 39°35'59" West, a distance of 464.55 feet to the beginning of a non-tangent curve concave to the east having a radius of 156.53 feet and a central angle of 46°04'49"and being subtended by a cord which bears North 16°26'40" west 122.52 feet;
15)Thence northwesterly and northerly along said curve, a distance of 125.89 feet; 16) Thence North 06°28'51" East, a distance of 488.50 feet; 17) Thence North 49°51 '40" East, a distance of 571.02 feet; 18) Thence North 39°40'47 11 West, a distance of 1226.11 feet; 19) Thence South 54 °11 '41 " West, a distance of 524. 72 feet; 20) Thence North 36°01 '48 11 West, a distance of 2928.33 feet; 21) Thence North 61 °28'41" East, a distance of 287.34 feet; 22) Thence North 56°38'01 11 East, a distance of 123.28 feet; 23) Thence North 36°12'34 11 East, a distance of 128.29 feet; 24) Thence North 35°38'50" West, a distance of 2545.69 feet; 25) Thence North 31 °05'36" West, a distance of 360.90 feet; 26) Thence South 58°54'24" West, a distance of 33.00 feet; 27) Thence North 31 °05'36" West, a distance of 595.54 feet; 2~) Thence North 59°09'33 11 East, a distance of 33.00 feet; - I
C) Cl
EXHIBIT E
DESCRIPTION OF PUBLIC TRUST PARCEL IV
FOR
MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
9 of 40
29) Thence North 31 °05'36" West, a distance of 380.07 feet; 30) Thence North 29°45'10" West, a distance of 227.45 feet to the Point of Beginning.
Said parcel contains 67.94 acres, more or less; attached plat for reference only.
BASIS OF BEARING: The bearing of N35 °54' lO"W between the found standard brass disk stamped "Mare ID SE 1852 1932" (USC&GS first order triangulation point named "SEMARE") and the horizontal control network point labeled "HCN-03" as both points are shown on the map filed for record· in Book 24 Surveys Page 51, Solano County Records was taken as the Basis of bearing ~or this legal description and is the California Coordinate System 1983 (CCS83) Zone II (NAD 83).
All distances are ground and in feet unless otherwise noted. To obtain grid distances multiply ground distance by 1.000062043
END OF DESCRIPTION
200 0
1"-400'
400
SCALE II FEET
LEGEND
HORIZONTAL CO NTROL MONUMENT
POINT OF BOUNDARY ANGLE
ARCELBOUNDAR ---- PUBLICTRUSTP ____ _
y
0 --
SCALE IN FEET
20 0 400
1"-400'
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=======_!!LE~GE~N□======
HORIZONTAL CONTROL MONUMENT
A ANGLE POINT OF BOUNDARY
0~ PARCEL BOUNDARY PUBLIC TRUST---~
~
LEGEND
IA HORIZONTAL CONTROL MONUMENT
0 ANGLE POINT OF BOUNDARY
-- PUBLICTRUSTPARCEL BOUNDARY
--
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SCALE W FEET 400
200 0
1"■ 400'
15, 200 ) . "\,-:;,. 0
C) (J
EXHIBITE
DESCRIPTION OF PUBLIC TRUST PARCEL V
FOR
MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
A parcel of land being a portion of Former Mare Island Naval Shipyard, situated in the City of Vallejo, Solano County, California and more particularly described as follows:
All of EDC Parcel Vas shown on that certain map entitled "Record of Survey showing Parcel V for Economic Development Conveyance for the Benefit of the City of Vallejo", recorded September 24, 2001 in Book 24, Surveys Page 70 Solano County Records, Solano County, State of California.
EXCEPTING THEREFROM
A portion of that certain parcel of land described in Exhibit K, Description of Trust Termination Island Energy of the Mare Island Property Settlement and Exchange Agreement, recorded on _____ in Book ____ , Page(s) ____ , Solano County Records.
Said parcel contains 14.53 acres, more or less; attached plat for reference only.
END OF DESCRIPTION