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S u c h c o v e r a g e a s i s a f f o r d e d b y t h i s p r o v i s i o n C . i s e x c e s s o v e r a n y o t h e r c o l l e c t i b l e i n s u r a n c e .
P H Y S I C A L D A M A G E C O V E R A G E
G l a s s B r e a k a g e – H i t t i n g A B i r d O r A n i m a l – F a l l i n g O b j e c t s O r M i s s i l e s T h e f o l l o w i n g i s a d d e d t o S e c t i o n I I I , P a r a g r a p h A . 3 . :
W i t h r e s p e c t t o a n y c o v e r e d a u t o , a n y d e d u c t i b l e s h o w n i n t h e D e c l a r a t i o n s w i l l n o t a p p l y t o g l a s s b r e a k a g e i f s u c h g l a s s i s r e p a i r e d , i n a m a n n e r a c c e p t a b l e t o u s , r a t h e r t h a n r e p l a c e d .
T r a n s p o r t a t i o n E x p e n s e s
S e c t i o n I I I , P a r a g r a p h A . 4 . a . i s r e v i s e d , w i t h r e s p e c t t o t r a n s p o r t a t i o n e x p e n s e i n c u r r e d b y y o u , t o p r o v i d e :
$ 6 0 p e r d a y , i n l i e u o f $ 2 0 ; s u b j e c t t o $ 1 , 8 0 0 m a x i m u m , i n l i e u o f $ 6 0 0 .
L o s s o f U s e E x p e n s e s
S e c t i o n I I I , P a r a g r a p h A . 4 . b . i s r e v i s e d , w i t h r e s p e c t t o l o s s o f u s e e x p e n s e s i n c u r r e d b y y o u , t o p r o v i d e :
$ 1 , 0 0 0 m a x i m u m , i n l i e u o f $ 6 0 0 .
H i r e d " A u t o s "
T h e f o l l o w i n g i s a d d e d t o S e c t i o n I I I . P a r a g r a p h A . :
5 .H i r e d " A u t o s "
I f P h y s i c a l D a m a g e c o v e r a g e i s p r o v i d e d u n d e r t h i s p o l i c y , a n d s u c h c o v e r a g e d o e s n o t e x t e n d t o H i r e d A u t o s , t h e n P h y s i c a l D a m a g e c o v e r a g e i s e x t e n d e d t o :
A n y c o v e r e d a u t o y o u l e a s e , h i r e , r e n t o r b o r r o w w i t h o u t a d r i v e r ; a n d A n y c o v e r e d a u t o h i r e d o r r e n t e d b y y o u r e m p l o y e e w i t h o u t a d r i v e r , u n d e r a c o n t r a c t i n t h a t i n d i v i d u a l e m p l o y e e ' s n a m e , w i t h y o u r p e r m i s s i o n , w h i l e p e r f o r m i n g d u t i e s r e l a t e d t o t h e c o n d u c t o f y o u r b u s i n e s s .
T h e m o s t w e w i l l p a y f o r a n y o n e a c c i d e n t o r l o s s i s t h e a c t u a l c a s h v a l u e , c o s t o f r e p a i r , c o s t o f r e p l a c e m e n t o r $ 7 5 , 0 0 0 , w h i c h e v e r i s l e s s , m i n u s a $ 5 0 0 d e d u c t i b l e f o r e a c h c o v e r e d a u t o .
N o d e d u c t i b l e a p p l i e s t o l o s s c a u s e d b y f i r e o r l i g h t n i n g .
T h e p h y s i c a l d a m a g e c o v e r a g e a s i s p r o v i d e d b y t h i s p r o v i s i o n i s e q u a l t o t h e p h y s i c a l d a m a g e c o v e r a g e ( s ) p r o v i d e d o n y o u r o w n e d a u t o s .
S u c h p h y s i c a l d a m a g e c o v e r a g e f o r h i r e d a u t o s w i l l :
I n c l u d e l o s s o f u s e , p r o v i d e d i t i s t h e c o n s e q u e n c e o f a n a c c i d e n t f o r w h i c h t h e N a m e d I n s u r e d i s l e g a l l y l i a b l e , a n d a s a r e s u l t o f w h i c h a m o n e t a r y l o s s i s s u s t a i n e d b y t h e l e a s i n g o r r e n t a l c o n c e r n .
S u c h c o v e r a g e a s i s p r o v i d e d b y t h i s p r o v i s i o n w i l l b e s u b j e c t t o a l i m i t o f $ 7 5 0 p e r a c c i d e n t .
A i r b a g C o v e r a g e
T h e f o l l o w i n g i s a d d e d t o S e c t i o n I I I , P a r a g r a p h B . 3 . :
T h e a c c i d e n t a l d i s c h a r g e o f a n a i r b a g s h a l l n o t b e c o n s i d e r e d m e c h a n i c a l b r e a k d o w n .
P o l i c y N o : B U A 6 0 7 5 6 8 9 4 9 8
P o l i c y E f f e c t i v e D a t e : 1 1 / 1 5 / 2 0 2 2 P o l i c y P a g e : 8 1 o f 3 4 2
F o r m N o : C N A 6 3 3 5 9 X X ( 0 4 - 2 0 1 2 )
E n d o r s e m e n t E f f e c t i v e D a t e : E n d o r s e m e n t E x p i r a t i o n D a t e :
E n d o r s e m e n t N o : 1 5 ; P a g e : 2 o f 4 U n d e r w r i t i n g C o m p a n y : A m e r i c a n C a s u a l t y C o m p a n y O f R e a d i n g , P A , 1 5 1 N F r a n k l i n S t , C h i c a g o , I L 6 0 6 0 6
D o c u S i g n E n v e l o p e I D : 7 B 0 A 3 E E 6 - 6 0 F 6 - 4 E C 0 - 9 7 F F - 9 D 6 C D 9 B 8 F C 3 B © C o p y r i g h t C N A A l l R i g h t s R e s e r v e d . I n c l u d e s c o p y r i g h t e d m a t e r i a l o f t h e I n s u r a n c e S e r v i c e s O f f i c e , I n c . , u s e d w i t h i t s p e r m i s s i o n .
Docusign Envelope ID: 1D9A7E6A-797B-47C1-8F6F-DEC2459966D7
B u s i n e s s A u t o P o l i c y
P o l i c y E n d o r s e m e n t
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S e c t i o n I I I , P a r a g r a p h s B . 4 . c a n d B . 4 . d . a r e d e l e t e d a n d r e p l a c e d b y t h e f o l l o w i n g :
P h y s i c a l D a m a g e C o v e r a g e o n a c o v e r e d a u t o a l s o a p p l i e s t o l o s s t o a n y p e r m a n e n t l y i n s t a l l e d e l e c t r o n i c e q u i p m e n t i n c l u d i n g i t s a n t e n n a s a n d o t h e r a c c e s s o r i e s A $ 1 0 0 p e r o c c u r r e n c e d e d u c t i b l e a p p l i e s t o t h e c o v e r a g e p r o v i d e d b y t h i s p r o v i s i o n .
D i m i n u t i o n I n V a l u e
T h e f o l l o w i n g i s a d d e d t o S e c t i o n I I I , P a r a g r a p h B . 6 . :
S u b j e c t t o t h e f o l l o w i n g , t h e d i m i n u t i o n i n v a l u e e x c l u s i o n d o e s n o t a p p l y t o :
A n y c o v e r e d a u t o o f t h e p r i v a t e p a s s e n g e r t y p e y o u l e a s e , h i r e , r e n t o r b o r r o w , w i t h o u t a d r i v e r f o r a p e r i o d o f 3 0 d a y s o r l e s s , w h i l e p e r f o r m i n g d u t i e s r e l a t e d t o t h e c o n d u c t o f y o u r b u s i n e s s ; a n d
A n y c o v e r e d a u t o o f t h e p r i v a t e p a s s e n g e r t y p e h i r e d o r r e n t e d b y y o u r e m p l o y e e w i t h o u t a d r i v e r f o r a p e r i o d o f 3 0 d a y s o r l e s s , u n d e r a c o n t r a c t i n t h a t i n d i v i d u a l e m p l o y e e ' s n a m e , w i t h y o u r p e r m i s s i o n , w h i l e p e r f o r m i n g d u t i e s r e l a t e d t o t h e c o n d u c t o f y o u r b u s i n e s s .
S u c h c o v e r a g e a s i s p r o v i d e d b y t h i s p r o v i s i o n i s l i m i t e d t o a d i m i n u t i o n i n v a l u e l o s s a r i s i n g d i r e c t l y o u t o f a c c i d e n t a l d a m a g e a n d n o t a s a r e s u l t o f t h e f a i l u r e t o m a k e r e p a i r s ; f a u l t y o r i n c o m p l e t e m a i n t e n a n c e o r r e p a i r s ; o r t h e i n s t a l l a t i o n o f s u b s t a n d a r d p a r t s .
T h e m o s t w e w i l l p a y f o r l o s s t o a c o v e r e d a u t o i n a n y o n e a c c i d e n t i s t h e l e s s e r o f :
$ 5 , 0 0 0 ; o r
2 0% o f t h e a u t o ' s a c t u a l c a s h v a l u e ( A C V ) .
D r i v e O t h e r C a r C o v e r a g e – E x e c u t i v e O f f i c e r s T h e f o l l o w i n g i s a d d e d t o S e c t i o n s I I a n d I I I :
A n y a u t o y o u d o n ' t o w n , h i r e o r b o r r o w i s a c o v e r e d a u t o f o r L i a b i l i t y C o v e r a g e w h i l e b e i n g u s e d b y , a n d f o r P h y s i c a l D a m a g e C o v e r a g e w h i l e i n t h e c a r e , c u s t o d y o r c o n t r o l o f , a n y o f y o u r "e x e c u t i v e o f f i c e r s ", e x c e p t :
A n a u t o o w n e d b y t h a t " e x e c u t i v e o f f i c e r " o r a m e m b e r o f t h a t p e r s o n ' s h o u s e h o l d ; o r A n a u t o u s e d b y t h a t "e x e c u t i v e o f f i c e r " w h i l e w o r k i n g i n a b u s i n e s s o f s e l l i n g , s e r v i c i n g , r e p a i r i n g o r p a r k i n g a u t o s .
S u c h L i a b i l i t y a n d / o r P h y s i c a l D a m a g e C o v e r a g e a s i s a f f o r d e d b y t h i s p r o v i s i o n .
E q u a l t o t h e g r e a t e s t o f t h o s e c o v e r a g e s a f f o r d e d a n y c o v e r e d a u t o ; a n d E x c e s s o v e r a n y o t h e r c o l l e c t i b l e i n s u r a n c e .
F o r p u r p o s e s o f t h i s p r o v i s i o n , "e x e c u t i v e o f f i c e r " m e a n s a p e r s o n h o l d i n g a n y o f t h e o f f i c e r p o s i t i o n s c r e a t e d b y y o u r c h a r t e r , c o n s t i t u t i o n , b y - l a w s o r a n y o t h e r s i m i l a r g o v e r n i n g d o c u m e n t , a n d , w h i l e a r e s i d e n t o f t h e s a m e h o u s e h o l d , i n c l u d e s t h a t p e r s o n ' s s p o u s e .
S u c h " e x e c u t i v e o f f i c e r s " a r e i n s u r e d s w h i l e u s i n g a c o v e r e d a u t o d e s c r i b e d i n t h i s p r o v i s i o n .
B U S I N E S S A U T O C O N D I T I O N S
D u t i e s I n T h e E v e n t O f A c c i d e n t , C l a i m , S u i t O r L o s s T h e f o l l o w i n g i s a d d e d t o S e c t i o n I V , P a r a g r a p h A . 2 . a . :
P o l i c y N o : B U A 6 0 7 5 6 8 9 4 9 8
P o l i c y E f f e c t i v e D a t e : 1 1 / 1 5 / 2 0 2 2 P o l i c y P a g e : 8 2 o f 3 4 2
F o r m N o : C N A 6 3 3 5 9 X X ( 0 4 - 2 0 1 2 )
E n d o r s e m e n t E f f e c t i v e D a t e : E n d o r s e m e n t E x p i r a t i o n D a t e :
E n d o r s e m e n t N o : 1 5 ; P a g e : 3 o f 4 U n d e r w r i t i n g C o m p a n y : A m e r i c a n C a s u a l t y C o m p a n y O f R e a d i n g , P A , 1 5 1 N F r a n k l i n S t , C h i c a g o , I L 6 0 6 0 6
D o c u S i g n E n v e l o p e I D : 7 B 0 A 3 E E 6 - 6 0 F 6 - 4 E C 0 - 9 7 F F - 9 D 6 C D 9 B 8 F C 3 B © C o p y r i g h t C N A A l l R i g h t s R e s e r v e d . I n c l u d e s c o p y r i g h t e d m a t e r i a l o f t h e I n s u r a n c e S e r v i c e s O f f i c e , I n c . , u s e d w i t h i t s p e r m i s s i o n .
Docusign Envelope ID: 1D9A7E6A-797B-47C1-8F6F-DEC2459966D7
B u s i n e s s A u t o P o l i c y
P o l i c y E n d o r s e m e n t
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Y o u r e m p l o y e e s m a y k n o w o f a n a c c i d e n t o r l o s s . T h i s w i l l n o t m e a n t h a t y o u h a v e s u c h k n o w l e d g e , u n l e s s s u c h a c c i d e n t o r l o s s i s k n o w n t o y o u o r i f y o u a r e n o t a n i n d i v i d u a l , t o a n y o f y o u r e x e c u t i v e o f f i c e r s o r p a r t n e r s o r y o u r i n s u r a n c e m a n a g e r .
T h e f o l l o w i n g i s a d d e d t o S e c t i o n I V , P a r a g r a p h A . 2 . b . :
Y o u r e m p l o y e e s m a y k n o w o f d o c u m e n t s r e c e i v e d c o n c e r n i n g a c l a i m o r s u i t . T h i s w i l l n o t m e a n t h a t y o u h a v e s u c h k n o w l e d g e , u n l e s s r e c e i p t o f s u c h d o c u m e n t s i s k n o w n t o y o u o r i f y o u a r e n o t a n i n d i v i d u a l , t o a n y o f y o u r e x e c u t i v e o f f i c e r s o r p a r t n e r s o r y o u r i n s u r a n c e m a n a g e r .
T r a n s f e r O f R i g h t s O f R e c o v e r y A g a i n s t O t h e r s T o U s T h e f o l l o w i n g i s a d d e d t o S e c t i o n I V , P a r a g r a p h A . 5 . T r a n s f e r O f R i g h t s O f R e c o v e r y A g a i n s t O t h e r s T o U s :
W e w a i v e a n y r i g h t o f r e c o v e r y w e m a y h a v e , b e c a u s e o f p a y m e n t s w e m a k e f o r i n j u r y o r d a m a g e , a g a i n s t a n y p e r s o n o r o r g a n i z a t i o n f o r w h o m o r w h i c h y o u a r e r e q u i r e d b y w r i t t e n c o n t r a c t o r a g r e e m e n t t o o b t a i n t h i s w a i v e r f r o m u s .
T h i s i n j u r y o r d a m a g e m u s t a r i s e o u t o f y o u r a c t i v i t i e s u n d e r a c o n t r a c t w i t h t h a t p e r s o n o r o r g a n i z a t i o n .
Y o u m u s t a g r e e t o t h a t r e q u i r e m e n t p r i o r t o a n a c c i d e n t o r l o s s .
C o n c e a l m e n t , M i s r e p r e s e n t a t i o n o r F r a u d T h e f o l l o w i n g i s a d d e d t o S e c t i o n I V , P a r a g r a p h B . 2 . :
Y o u r f a i l u r e t o d i s c l o s e a l l h a z a r d s e x i s t i n g o n t h e d a t e o f i n c e p t i o n o f t h i s C o v e r a g e F o r m s h a l l n o t p r e j u d i c e y o u w i t h r e s p e c t t o t h e c o v e r a g e a f f o r d e d p r o v i d e d s u c h f a i l u r e o r o m i s s i o n i s n o t i n t e n t i o n a l .
O t h e r I n s u r a n c e
T h e f o l l o w i n g i s a d d e d t o S e c t i o n I V , P a r a g r a p h B . 5 . :
R e g a r d l e s s o f t h e p r o v i s i o n s o f P a r a g r a p h s 5 . a . a n d 5 . d . a b o v e , t h e c o v e r a g e p r o v i d e d b y t h i s p o l i c y s h a l l b e o n a p r i m a r y n o n - c o n t r i b u t o r y b a s i s . T h i s p r o v i s i o n i s a p p l i c a b l e o n l y w h e n r e q u i r e d b y a w r i t t e n c o n t r a c t .
T h a t w r i t t e n c o n t r a c t m u s t h a v e b e e n e n t e r e d i n t o p r i o r t o A c c i d e n t o r L o s s .
P o l i c y P e r i o d , C o v e r a g e T e r r i t o r y S e c t i o n I V , P a r a g r a p h B . 7 . ( 5 ) . ( a ) . i s r e v i s e d t o p r o v i d e :
4 5 d a y s o f c o v e r a g e i n l i e u o f 3 0 d a y s .
D E F I N I T I O N S
S e c t i o n V . p a r a g r a p h C . i s d e l e t e d a n d r e p l a c e d b y t h e f o l l o w i n g :
B o d i l y i n j u r y m e a n s b o d i l y i n j u r y , s i c k n e s s o r d i s e a s e s u s t a i n e d b y a p e r s o n , i n c l u d i n g m e n t a l a n g u i s h , m e n t a l i n j u r y o r d e a t h r e s u l t i n g f r o m a n y o f t h e s e .
P o l i c y N o : B U A 6 0 7 5 6 8 9 4 9 8
P o l i c y E f f e c t i v e D a t e : 1 1 / 1 5 / 2 0 2 2 P o l i c y P a g e : 8 3 o f 3 4 2
F o r m N o : C N A 6 3 3 5 9 X X ( 0 4 - 2 0 1 2 )
E n d o r s e m e n t E f f e c t i v e D a t e : E n d o r s e m e n t E x p i r a t i o n D a t e :
E n d o r s e m e n t N o : 1 5 ; P a g e : 4 o f 4 U n d e r w r i t i n g C o m p a n y : A m e r i c a n C a s u a l t y C o m p a n y O f R e a d i n g , P A , 1 5 1 N F r a n k l i n S t , C h i c a g o , I L 6 0 6 0 6
D o c u S i g n E n v e l o p e I D : 7 B 0 A 3 E E 6 - 6 0 F 6 - 4 E C 0 - 9 7 F F - 9 D 6 C D 9 B 8 F C 3 B © C o p y r i g h t C N A A l l R i g h t s R e s e r v e d . I n c l u d e s c o p y r i g h t e d m a t e r i a l o f t h e I n s u r a n c e S e r v i c e s O f f i c e , I n c . , u s e d w i t h i t s p e r m i s s i o n .
Docusign Envelope ID: 1D9A7E6A-797B-47C1-8F6F-DEC2459966D7
B u s i n e s s A u t o P o l i c y
P o l i c y E n d o r s e m e n t
W A I V E R O F T R A N S F E R O F R I G H T S O F R E C O V E R Y
A G A I N S T O T H E R S T O U S (W A I V E R O F S U B R O G A T I O N ) T H I S E N D O R S EM E N T C H A N G E S T H E P O L I C Y . P L E A S E R E A D I T C A R E F U L L Y .
T h i s e n d o r s e m e n t m o d i f i e s i n s u r a n c e p r o v i d e d u n d e r t h e f o l l o w i n g :
A U T O D E A L E R S C O V E R A G E F O RM
B U S I N E S S A U T O C O V E R A G E F O RM
M O T O R C A R R I E R C O V E R A G E F O RM
W i t h r e s p e c t t o c o v e r a g e p r o v i d e d b y t h i s e n d o r s e m e n t , t h e p r o v i s i o n s o f t h e C o v e r a g e F o r m a p p l y u n l e s s m o d i f i e d b y t h e e n d o r s e m e n t .
T h i s e n d o r s e m e n t c h a n g e s t h e p o l i c y e f f e c t i v e o n t h e i n c e p t i o n d a t e o f t h e p o l i c y u n l e s s a n o t h e r d a t e i s i n d i c a t e d b e l o w .
N a m e d I n s u r e d : G H I R A R D E L L I A S S O C I A T E S , I N C .
E n d o r s e m e n t E f f e c t i v e D a t e : 1 1 / 1 5 / 2 0 2 2
S C H E D U L E
N a m e ( s ) O f P e r s o n ( s ) O r O r g a n i z a t i o n ( s ) :
B l a n k e t w h e n r e q u i r e d b y w r i t t e n c o n t r a c t .
I n f o r m a t i o n r e q u i r e d t o c o m p l e t e t h i s S c h e d u l e , i f n o t s h o w n a b o v e , w i l l b e s h o w n i n t h e D e c l a r a t i o n s .
T h e T r a n s f e r O f R i g h t s O f R e c o v e r y A g a i n s t O t h e r s T o U s c o n d i t i o n d o e s n o t a p p l y t o t h e p e r s o n ( s ) o r o r g a n i z a t i o n ( s ) s h o w n i n t h e S c h e d u l e , b u t o n l y t o t h e e x t e n t t h a t s u b r o g a t i o n i s w a i v e d p r i o r t o t h e " a c c i d e n t " o r t h e " l o s s " u n d e r a c o n t r a c t w i t h t h a t p e r s o n o r o r g a n i z a t i o n .
P o l i c y N o : B U A 6 0 7 5 6 8 9 4 9 8
P o l i c y E f f e c t i v e D a t e : 1 1 / 1 5 / 2 0 2 2 P o l i c y P a g e : 6 4 o f 3 4 2
F o r m N o : C A 0 4 4 4 1 0 1 3
E n d o r s e m e n t E f f e c t i v e D a t e : E n d o r s e m e n t E x p i r a t i o n D a t e :
E n d o r s e m e n t N o : 4 ; P a g e : 1 o f 1 U n d e r w r i t i n g C o m p a n y : A m e r i c a n C a s u a l t y C o m p a n y O f R e a d i n g , P A , 1 5 1 N F r a n k l i n S t , C h i c a g o , I L 6 0 6 0 6
D o c u S i g n E n v e l o p e I D : 7 B 0 A 3 E E 6 - 6 0 F 6 - 4 E C 0 - 9 7 F F - 9 D 6 C D 9 B 8 F C 3 B © C o p y r i g h t I n s u r a n c e S e r v i c e s O f f i c e , I n c . , 2 0 1 1 Docusign Envelope ID: 1D9A7E6A-797B-47C1-8F6F-DEC2459966D7
D o c u S i g n E n v e l o p e I D : 7 B 0 A 3 E E 6 - 6 0 F 6 - 4 E C 0 - 9 7 F F - 9 D 6 C D 9 B 8 F C 3 B 6 / 1 / 2 0 2 3 6 / 1 / 2 0 2 4
Docusign Envelope ID: 1D9A7E6A-797B-47C1-8F6F-DEC2459966D7
R E S O L U T I O N N O . 2 3-1 5 5 N . C .
A R E S O L U T I O N O F T H E C I T Y C O U N C I L O F T H E C I T Y O F V A L L E J O
AP P R O V I N G S E P A R A T E C O N S U L T A N T A N D P R O F E S S I O N A L S E R V I C E S A G R E EM E N T S W I T H F I V E C O N S U L T I N G F I RM S : A L I S T O E N G I N E E R I N G G R O U P , B K F E N G I N E E R S , C S G C O N S U L T A N T S , I N C . , G H I R A R D E L L I A S S O C I A T E S , I N C . , A N D I N T E RW E S T C O N S U L T I N G G R O U P , I N C ., T O P R O V I D E
F E D E R A L P R O J E C T M A N A G EM E N T S E R V I C E S A N D A U T H O R I Z I N G T H E C I T Y M A N A G E R T O E X E C U T E S AM E I N A N AM O U N T N O T T O E X C E E D $ 5 0 0 , 0 0 0
E A C H
W H E R E A S , t h e a b i l i t y t o b r i n g i n c o n s u l t a n t s o n a n o n c a l l , a s n e e d e d b a s i s a l l o w s t h e P u b l i c W o r k s D e p a r t m e n t t o p r o v i d e b e t t e r c u s t o m e r s e r v i c e t o t h e p u b l i c a n d b e t t e r m a n a g e w o r k l o a d t o d e l i v e r p r o j e c t s i n a t i m e l y m a n n e r ; a n d
W H E R E A S , t h e C i t y a n t i c i p a t e s u s i n g c o n t r a c t s e r v i c e s o f c o n s u l t a n t f i r m s t o p e r f o r m w o r k o n v a r i o u s e n g i n e e r i n g r e l a t e d p r o j e c t s a n d e f f o r t s i n t h e C i t y o f V a l l e j o ; a n d
W H E R E A S , o n F e b r u a r y 2 7 , 2 0 2 3, t h e C i t y o f V a l l e j o P u b l i c W o r k s D e p a r t m e n t p u b l i s h e d t h e R e q u e s t f o r Q u a l i f i c a t i o n f o r O n -C a l l E n g i n e e r i n g C o n s u l t i n g S e r v i c e s r e q u e s t i n g q u a l i f i c a t i o n s t h a t c o u l d c o v e r e l e v e n c a t e g o r i e s i n o r d e r t o c r e a t e a r e a d i l y a v a i l a b l e , p r e -s c r e e n e d g r o u p o f q u a l i f i e d c o n s u l t a n t s t o b e d e p l o y e d a s -n e e d e d t o a w i d e r a n g e o f t e c h n i c a l s p e c i a l t i e s n e c e s s a r y t o s u c c e s s f u l l y c o m p l e t e p r o j e c t s i n a t i m e l y a n d h i g h -q u a l i t y m a n n e r ; a n d
W H E R E A S , f i v e s t a t e m e n t s o f q u a l i f i c a t i o n ( S O Q s) w e r e s u b m i t t e d b y t h e d u e d a t e o f A p r i l 2 1 , 2 0 2 3 , f o r t h e P r o j e c t M a n a g e m e n t ( fe d e r a l ) c a t e g o r y ; a n d
W H E R E A S , ea c h S O Q w a s g i v e n a s c o r e b a s e d o n t h e d e m o n s t r a t e d u n d e r s t a n d i n g o f t h e s e r v i c e s r e q u e s t e d , t h e f i r m ’ s r e l e v a n t e x p e r i e n c e a n d f a m i l i a r i t y w i t h i s s u e s a p p l i c a b l e t o t h e p r o j e c t , t h e q u a l i f i c a t i o n s o f t h e f i r m a n d a s s i g n e d i n d i v i d u a l s , t h e f e e s t r u c t u r e , a n d r e f e r e n c e c h e c k s ; a n d
W H E R E A S , a l l f i v e f i r m s : A l i s t o E n g i n e e r i n g G r o u p , B K F E n g i n e e r s , C S G C o n s u l t a n t s , I n c . , G h i r a r d e l l i A s s o c i a t e s , I n c . a n d I n t e r w e s t C o n s u l t i n g G r o u p , I n c ., w e r e d e e m e d t o p o s s e s s a l l t h e r e q u e s t e d a r e a s o f e x p e r t i s e , h a v e r e c e n t e x p e r i e n c e h a n d l i n g o n -c a l l s e r v i c e s f o r m u n i c i p a l i t i e s , a r e a v a i l a b l e t o c o m m e n c e s e r v i c e s i m m e d i a t e l y , a n d h a v e r e s o u r c e s a n d s t a f f i n g t o c o m p l e t e a s s i g n m e n t s o n a t i m e l y b a s i s ; a n d
W H E R E A S , e a c h a g r e e m e n t s h a l l n o t e x c e e d $50 0 , 0 0 0 a n d h a v e a n e x p i r a t i o n d a t e o f J u n e 3 0 , 2 0 2 6 , wi t h a n o p t i o n t o e x t e n d b y o n e -y e a r i n c r e m e n t s f o r a m a x i m u m c o n t r a c t t e r m o f f i v e y e a r s .
NOW, THERE F ORE B E IT RE S OL V E D t h a t t h e C i t y C o u n c i l o f t h e C i t y o f V a l l e j o h e r e b y ap p r o v e s C o n s u l t a n t a n d P r o f e s s i o n a l S e r v i c e s A g r e e m e n t s w i t h t h e f o l l o w i n g f i v e f i r m s : A l i s t o E n g i n e e r i n g G r o u p , B K F E n g i n e e r s , C S G C o n s u l t a n t s , I n c . , G h i r a r d e l l i A s s o c i a t e s , I n c . , a n d I n t e r w e s t C o n s u l t i n g G r o u p , I n c . t o p r o v i d e f e d e r a l p r o j e c t ma n a g e m e n t se r v i c e s i n a n a m o u n t D o c u S i g n E n v e l o p e I D : 6 7 8 A 0 F E 3 - A 6 9 1 - 4 3 2 6 - A 0 C B - 0 E A B 3 9 6 D A 9 5 4 n o t
D o c u S i g n E n v e l o p e I D : 7 B 0 A 3 E E 6 - 6 0 F 6 - 4 E C 0 - 9 7 F F - 9 D 6 C D 9 B 8 F C 3 B Docusign Envelope ID: 1D9A7E6A-797B-47C1-8F6F-DEC2459966D7
t o e x c e e d $50 0 , 0 0 0 e a c h .
B E I T F U R T H E R R E S O L V E D t h a t t h e C i t y M a n a g e r i s h e r e b y a u t h o r i z e d t o s i g n e a c h o f s a i d Ag r e e m e n t s, w i t h a n y m o d i f i c a t i o n s r e c o m m e n d e d b y t h e C i t y A t t o r n e y a n d t h e C i t y C l e r k t o a t t e s t t h e s i g n i n g o f t h o s e A g r e e m e n t s .
A d o p t e d b y t h e C i t y C o u n c i l o f t h e C i t y o f V a l l e j o a t a r e g u l a r m e e t i n g h e l d o n S e p t e m b e r 2 6 , 2 0 2 3 , w i t h t h e f o l l o w i n g v o t e :
A Y E S : M a y o r M c C o n n e l l , V i c e M a y o r V e r d e r -A l i g a , C o u n c i l m e m b e r s A r r i o l a , B r e g e n z e r , L o e r a -D i a z , a n d P a l m a r e s N O E S : N o n e
A B S E N T : C o u n c i l m e m b e r M a t u l a c A B S T A I N : N o n e
R O B E R T H . M C C O N N E L L , M A Y O R
A T T E S T :
D AW N G . A B R A H A M S O N , C I T Y C L E R K
D o c u S i g n E n v e l o p e I D : 6 7 8 A 0 F E 3 - A 6 9 1 - 4 3 2 6 - A 0 C B - 0 E A B 3 9 6 D A 9 5 4
D o c u S i g n E n v e l o p e I D : 7 B 0 A 3 E E 6 - 6 0 F 6 - 4 E C 0 - 9 7 F F - 9 D 6 C D 9 B 8 F C 3 B Docusign Envelope ID: 1D9A7E6A-797B-47C1-8F6F-DEC2459966D7
T H I S B U S I N E S S L I C E N S E D O E S N O T P E R M I T A B U S I N E S S T H A T I S O T H E RW I S E P R O H I B I T E D .
B u s i n e s s N a m e
B u s i n e s s L o c a t i o n
B u s i n e s s O w n e r ( s ) L i c e n s e N u m b e r E f f e c t i v e D a t e
E x p i r a t i o n D a t e
C I T Y O F V A L L E J O
B U S I N E S S L I C E N S E
2 0 5 5 G A T EW A Y P L S T E 4 7 0
A C C O U N T S P A Y A B L E
G H I R A R D E L L I A S S O C I A T E S I N C
2 0 5 5 G A T EW A Y P L S T E 4 7 0
S A N J O S E C A 9 5 1 1 0 - 1 0 1 9
F o r a l l i n q u i r i e s r e g a r d i n g t h i s l i c e n s e , c o n t a c t H d L B u s i n e s s S u p p o r t C e n t e r a t 7 0 7 - 3 0 2 - 6 0 7 4 . o r S e r v i c e s P r o v i d e d i n t h e i t y o f V a l l e j o a l i f o r n i a O n l y
R A N D Y B R U N E R
G H I R A R D E L L I A S S O C I A T E S I N C
J u l y 0 1 , 2 0 2 3
J u n e 3 0 , 2 0 2 4
1 1 7 0 2 0 7 5
G H I R A R D E L L I A S S O C I A T E S I N C :
T h a n k y o u f o r y o u r p a y m e n t o n y o u r C i t y o f V a l l e j o B u s i n e s s L i c e n s e . A L L L I C E N S E S M U S T B E A V A I L A B L E F O R I N S P E C T I O N U P O N R E Q U E S T . I f y o u h a v e q u e s t i o n s c o n c e r n i n g y o u r b u s i n e s s l i c e n s e , c o n t a c t t h e B u s i n e s s S u p p o r t C e n t e r v i a e m a i l a t : v a l l e j o@ h d l g o v . c o m o r b y t e l e p h o n e a t : ( 7 0 7 ) 3 0 2 - 6 0 7 4 .
K e e p t h i s p o r t i o n f o r y o u r l i c e n s e s e p a r a t e i n c a s e y o u n e e d a r e p l a c e m e n t f o r a n y l o s t , s t o l e n , o r d e s t r o y e d l i c e n s e . A f e e m a y b e c h a r g e d f o r a r e p l a c e m e n t o r d u p l i c a t e l i c e n s e .
T h i s c e r t i f i c a t e d o e s n o t e n t i t l e t h e h o l d e r t o c o n d u c t b u s i n e s s b e f o r e c o m p l y i n g w i t h a l l r e q u i r e m e n t s o f t h e V a l l e j o M u n i c i p a l c o d e a n d o t h e r a p p l i c a b l e l a w s , n o r t o c o n d u c t b u s i n e s s i n a z o n e w h e r e c o n d u c t i n g s u c h b u s i n e s s v i o l a t e s l a w .
I f y o u h a v e a f i x e d p l a c e o f b u s i n e s s w i t h i n t h e C i t y o f V a l l e j o p l e a s e d i s p l a y t h e B u s i n e s s L i c e n s e a b o v e i n a c o n s p i c u o u s p l a c e a t t h e p r e m i s e s . O t h e r w i s e , e v e r y B u s i n e s s L i c e n s e h o l d e r n o t h a v i n g a f i x e d p l a c e o f b u s i n e s s i n t h e C i t y s h a l l k e e p t h e B u s i n e s s L i c e n s e u p o n h i s o r h e r p e r s o n , o r a f f i x e d i n p l a i n v i e w a n y c a r t , v e h i c l e , v a n o r o t h e r m o v a b l e s t r u c t u r e o r d e v i c e a t a l l t i m e s i f r e q u i r e d b y t h e C o l l e c t o r .
S t a r t i n g J a n u a r y 1 , 2 0 2 1 , A s s e m b l y B i l l 1 6 0 7 r e q u i r e s t h e p r e v e n t i o n o f g e n d e r - b a s e d d i s c r i m i n a t i o n o f b u s i n e s s e s t a b l i s h m e n t s . A f u l l n o t i c e i s a v a i l a b l e i n E n g l i s h o r o t h e r l a n g u a g e s b y g o i n g t o : h t t p s : / / w w w . d c a . c a . g o v / p u b l i c a t i o n s / C i t y o f V a l l e j o
B U S I N E S S L I C E N S E
B U S I N E S S L I C E N S I N G
8 8 3 9 N C E D A R A V E # 2 1 2
F R E S N O , C A 9 3 7 2 0 - 1 8 3 2
D a t e o f I s s u e : 0 7 / 0 1 / 2 0 2 3
1 1 7 0 2 0 7 5 L i c e n s e N u m b e r : A C C O U N T S P A Y A B L E G H I R A R D E L L I A S S O C I A T E S I N C
2 0 5 5 G A T EW A Y P L S T E 4 7 0
S A N J O S E C A 9 5 1 1 0 - 1 0 1 9
T O B E P O S T E D I N A C O N S P I C U O U S P L A C E A N D
N O T T R A N S F E R A B L E O R A S S I G N A B L E . 2 0 2 3 - 2 0 2 4
R A EW Y N B U T C H E R
T A X C O L L E C T O R ’ S O F F I C E , C i t y H a l l , 5 5 5 S a n t a C l a r a S t . , V a l l e j o , C A . T h i s c e r t i f i c a t e i s e v i d e n c e t h a t t h e p e r s o n ( s ) , f i r m , o r c o r p o r a t i o n n a m e d h e r e o n h a s p a i d t h e t a x r e q u i r e d b y C h a p t e r 5 . 0 4 o f t h e C i t y o f V a l l e j o M u n i c i p a l C o d e f o r t h e t y p e o f b u s i n e s s , t h e b u s i n e s s a d d r e s s a n d f o r t h e p e r i o d i n d i c a t e d h e r e o n . T h i s c e r t i f i c a t e i s i s s u e d w i t h o u t v e r i f i c a t i o n t h a t t h e t a x p a y e r i s s u b j e c t t o o r e x e m p t e d f r o m l i c e n s i n g b y l o c a l , s t a t e , F e d e r a l o r o t h e r a g e n c i e s . I s s u a n c e o f t h i s c e r t i f i c a t e i s n o t a n e n d o r s e m e n t , n o r a c e r t i f i c a t e o f c o m p l i a n c e w i t h o t h e r o r d i n a n c e s o r l a w s , n o r a n a s s u r a n c e t h a t t h e p r o p o s e d u s e i s i n c o n f o r m a n c e w i t h t h e C i t y ’ s b u i l d i n g / F i r e / Z o n i n g r e g u l a t i o n s .
E n g i n e e r
D o c u S i g n E n v e l o p e I D : 7 B 0 A 3 E E 6 - 6 0 F 6 - 4 E C 0 - 9 7 F F - 9 D 6 C D 9 B 8 F C 3 B B u s i n e s s T y p e
Docusign Envelope ID: 1D9A7E6A-797B-47C1-8F6F-DEC2459966D7
24PW060 First Amendment to Agreement Between City of Vallejo and Ghirardelli Associates, Inc. Page 1 of 7 (Revised 01.2019)
FIRST AMENDMENT TO AGREEMENT BETWEEN
CITY OF VALLEJO
AND
GHIRARDELLI ASSOCIATES, INC.
This First Amendment to the Master Agreement made and entered into on September 27, 2023, hereafter referred to as Agreement, be tween the Ghirardelli Associates, Inc., a California corporation, therei n referred to as Consultant, and the City of Vallejo, a municipal corporation, therein referred to as City, is made and entered into on this day of October 14, 2025.
Consultant and City do mutually agree as follows:
1. Replacement of Exhibit B. Exhibit B to the Agreement is hereby amended and replaced in its entirety with Exhibit B attached hereto.
2. Revised Term of the Agreement. The Agreement term is currently scheduled to expire on June 30, 2026. As of the date of this First Amendment, the term of the Agreement is extended to and shall expire on June 30, 2027.
3. Amendment to Section 4, Indemnification. Section 4 of the Agreement is hereby amended to read in its entirety as follows:
“Indemnification. Consultant shall indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, consultant’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Consultant’s operations, or any subcontractor’s operations, to be performed under this agreement for Consultant’s or subcontractor’s tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Consultant, or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by the law, regardless to any limitation by insurance, with the exception of the sole negligence or willful misconduct of the City.
Consultant shall also indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, consultant’s fees, expert fees, losses or liability, in law or
24PW060 First Amendment to Agreement Between City of Vallejo and Ghirardelli Associates, Inc. Page 2 of 7 (Revised 01.2019)
in equity, of every kind and nature whatsoever arising out of or in connection with Consultant’s operations, or any subcontractor’s operations, related to costs or benefits associated with California Public Employment Retirement System (CalPERS) membership where Consultant supplies a CalPERS member who CalPERS determines is subject to enrollment.
The provisions of this section shall survive the expiration or termination of this Agreement.”
4. General Prohibition on Assignment of CalPERS Members and Annuitants.
The Agreement is hereby amended to add the following provision:
“Consultant shall not hire, employ, or use, as an employee, subcontractor or agent of Consultant (Assigned Individual) any California Public Employment Retirement System (CalPERS) member or annuitant in connection with the provision of services under this Agreement. Nor shall Consultant allow any of its subcontractors, agents, or other representatives to employ CalPERS members or annuitants for the purpose of performing work under this Agreement. Failure to comply with the provisions of this section shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination.
The City Manager and the Human Resources Director may together approve an exception which they determine either: (i) meets the requirements of CalPERS relating to Independent Contractors; or (ii) where such Assigned Individual who is an Annuitant, has not, and will not, exc eed 960 total hours in a fiscal year (July 1 to June 30) for all CalPERS employers combined, and satisfies all other CalPERS annuitant requirements. No Assigned Individual, regardless of CalPERS membership at the time the labor is pr ovided, may exceed 1,000 hours in a fiscal year (July 1 to June 30).”
5. Integration. This First Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. This First Amendment shall not be amended or m odified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in fu ll force and effect, and Consultant shall perform all duties, obligations and conditions required under the Agreement.
6. Inconsistencies. In the event of any conflic t or inconsistency between the provisions of this First Amendment and th e Agreement, the provisions of this First Amendment shall control in all respects.
7. Ambiguities. The parties have each carefully reviewed this First Amendment and have agreed to each term of this First Amend ment. No ambiguity shall be presumed to be construed against either party.
24PW060 First Amendment to Agreement Between City of Vallejo and Ghirardelli Associates, Inc. Page 3 of 7 (Revised 01.2019)
8. Counterparts. This First Amendment may be executed by the parties in one or more counterparts, all of which collectively shall constitute one document and agreement.
9. Authority. The person signing this Firs t Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Consultant.
(SIGNATURES ARE ON THE FOLLOWING PAGE)
24PW060 First Amendment to Agreement Between City of Vallejo and Ghirardelli Associates, Inc. Page 4 of 7 (Revised 01.2019)
IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.
GHIRARDELLI ASSOCIATES, INC.,
a California corporation
BY:
Raewyn Lelo-Butcher
Executive Vice President
DATE:
(City Seal)
CITY OF VALLEJO,
a municipal corporation
BY:
Andrew Murray
City Manager
DATE:
ATTEST:
Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:
Oscar Alcantar
Interim Public Works Director
APPROVED AS TO FORM:
Veronica A. F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
Armond Sarkis
Risk Manager
24PW060 First Amendment to Agreement Between City of Vallejo and Ghirardelli Associates, Inc. Page 5 of 7 (Revised 01.2019)
EXHIBIT B
COMPENSATION
1. Consultant’s Compensation.
A. Services: City agrees to pay Consultant, at the rate(s) specified below, for those services set forth in Exhibit A of this Ag reement and for all authorized reimbursable expenses, for a total not to exceed One Million Five Hundred Thousand Dollars and Zero Cents [$1,500,000.00].
Consultant shall notify City in writing no later than thirty (30) days prior to the estimated date when Consultant will have billed City the maximum payment amount permitted under this Agreement, and Consultant shall provide City with an es timate of the additional compensation required to complete the project.
B. Additional Services:
1. Additional Services are those services related to the scope of Services of Consultant as set forth in Exhibit A but not anti cipated at the time of execution of this Agreement. Additional Services shall be provided only when a Supplemental Agreement authorizing such Additional Services is appr oved by the City Manager, or his or her designee. City reserves the right to perform any Additional Services with its own staff or to retain other Consultants to perform said Additional Services.
2. Consultant’s compensation for Additional Services shall be based on the total number of hours spent on Additional Servic es multiplied by the employees' appropriate billable hourly rate as established below. City, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises. Where a fixed fee for Additional Services is established by mutual Ag reement between City and Consultant, compensation to Consultant shall not exceed the fixed fee amount.
2. Appropriate Billable Hourly Rates for Services and Additional Services.
Consultant’s billable hourly rates shall be as listed in Attachment 1 of Exhibit B, attached hereto and incorporated herein by this reference. Current rates for each task/project will be defined in each Statement of Work.
Rate Increases: Upon approval of City, Consultant shall be permitted to increase rates to adjust for cost of living wage increases at the beginning of the fiscal year or as agreed upon by City and Consultant. No price increases may be implemented without prior written approval of City. Requests for price increases must be made a minimum of ninety (90) days prior to the proposed effective date of the rate increase. To request a price increase, Consultant must submit a letter with an itemized list showing revised prices by line item. If City approves the price increase, Consultant shall be notified in writing, no price increase will be effective until Consultant receives this notice.
24PW060 First Amendment to Agreement Between City of Vallejo and Ghirardelli Associates, Inc. Page 6 of 7 (Revised 01.2019)
3. Consultant’s Reimbursable Expenses. Reimbursable Expenses shall be limited to actual reasonable expenditures of Consultant for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.
4. Payments to Consultant.
A. Payments to Consultant shall be made wi thin a reasonable time after receipt of Consultant’s invoice, said payments to be m ade in proportion to services performed.
Consultant may request payment on a monthly basis. Consultant shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.
B. All invoices submitted by Consultant shall contain the following information:
1. Description of services billed under this invoice
2. Date of Invoice Issuance
3. Sequential Invoice Number
4. City’s Purchase Order Number (if issued)
5. Amount of this Invoice (Itemize all Reimbursable Expenses”)
6. Total Billed to Date
C. Items shall be separated into Services and Reimbursable Expenses. Billings that do not conform to the format outlined above shall be returned to Consultant for correction.
City shall not be responsible for delays in payment to Consultant resulting from Consultant’s failure to comply with the invoice format described above.
D. Invoices, account statements an d payment inquiries shall be emailed to :
5. Accounting Records of Consultant. Consultant shall maintain for three (3) years after completion of all services hereunder, al l records under this Agreement, including, but not limited to, records of Consultant’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Consultant’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Consultant shall keep such records available for audit, inspect ion and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty four (24) hours’ notice.
The obligations of Consultant under this section shall survive this Agreement.
6. Taxes. Consultant shall pay, when and as due, any and all taxes incurred as a result of Consultant’s compensation hereun der, including estimated taxes, and shall provide City with proof of such payments upon request.
7. Taxpayer Identification Number. Consultant shall provide City with Consultant’s
24PW060 First Amendment to Agreement Between City of Vallejo and Ghirardelli Associates, Inc. Page 7 of 7 (Revised 01.2019)
complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by City.
RESOLUTION NO. 25-166 N.C.
RESOLUTION OF THE CITY OF VALLEJO APPROVING A FIRST AMENDMENT
TO THE CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH GHIRARDELLI ASSOCATES, INC. TO INCREASE THE NOT TO EXCEED AMOUNT OF THE CONTRACT TO $1,500,000 AND AUTHORIZING THE CITY MANAGER TO
EXECUTETHE SAME
BE IT RESOLVED by the Council of the City of Vallejo as follows:
WHEREAS, on September 26, 2023, the City Council approved Resolution 23-155 authorizing the on-call Consultant and Professional Services Agreement with Ghirardelli Associates, Inc., for $500,000 through June 30, 2026, under contract 25PW060; and
WHEREAS, Ghirardelli Associates, Inc. has been providing project management services for Public Works as well as other departments in the City; and
WHEREAS, Fernando Bravo, from Ghirardelli Associates, Inc., has been acting as the City Engineer for the Public Works Department. There are additional Ghirardelli Associates, Inc., staff who are assisting on Capital Improvement Program (CIP) project, Current Development Permit projects, and assisting in the engineering training of the City’s newest Public Works Engineering staff; and
WHEREAS, the City must maintain an experienced, licensed City Engineer on staff at all times to ensure the integrity, safety, and legal compliance of its public works projects. A licensed engineer is required to review and approve critical technical details, verify design accuracy, and ensure that infrastructure improvements meet all applicable engineering standards and regulatory requirements. In addition, a licensed professional engineer has the legal authority to sign official documents, plans, and specifications on behalf of the City—an essential function for securing permits, obtaining funding, and advancing projects through construction; and
WHEREAS, having a qualified City Engineer provides more than just regulatory compliance; it safeguards public safety, minimizes costly design errors, and enables informed decision-making on complex infrastructure issues. This expertise is especially critical during the review of capital projects, contract documents, and change orders, where technical judgment and accountability are paramount. Without a licensed engineer in this role, the City would face delays, potential liability exposure, and an inability to move forward with essential public works improvements; and
WHEREAS, with key staff departures, including personnel responsible for critical duties, placing greater demands on contracted services, the current contract will soon reach the maximum limit; and
WHEREAS, to ensure Ghirardelli Associates, Inc., can complete current assigned projects, provide continued support, and fulfill City Engineer responsibilities until a permanent City Docusign Envelope ID: FE2162BC-6A2E-4474-BEB6-BAB9018ED5B3
Engineer is hired, it is necessary to approve a First Amendment increasing the contract’s not-to- exceed amount to $1,500,000.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Vallejo hereby approves the First Amendment to the on-call Consultant and Professional Services Agreement with Ghirardelli Associates, Inc., to provide services in an amount not to exceed $1,500,000.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to sign said Amendment, with any modifications recommended by the City Attorney and the City Clerk to attest the signing.
Adopted by the City Council of the City of Vallejo at a regular meeting held on October 14, 2025, with the following vote:
AYES: Mayor Sorce, Vice Mayor Bregenzer, Councilmembers Gordon, Lediju, Matulac, and Palmares
NOES: Councilmember Matias
ABSENT: None
ABSTAIN: None
ANDREA SORCE, MAYOR
ATTEST:
DAWN G. ABRAHAMSON, CITY CLERK
Docusign Envelope ID: FE2162BC-6A2E-4474-BEB6-BAB9018ED5B3
CONSENT CALENDAR 6.E.
DATE: August 4, 2026
TO: Mayor and Members of the City Council
FROM: Leonard Job, P.E., Public Works Director
SUBJECT: ACCEPT THE HAWK INTERSECTION IMPROVEMENTS AT FIVE LOCATIONS PROJECT (PROJECT NO. PW9736) PERFORMED BY KEREX ENGINEERING, INC. OF
MARTINEZ, CALIFORNIA AS COMPLETE AND AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH THE SOLANO COUNTY RECORDER’S OFFICE
RECOMMENDATION
Accept the HAWK Intersection Improvements at Five Locations Project (Project No. PW9736) performed by Kerex Engineering, Inc. of Martinez, California as complete and authorize the City Clerk to file a Notice of Completion with the Solano County Recorder’s Office.
REASONS FOR RECOMMENDATION
The City Engineer has determined that the work was completed in compliance with the city-approved Plans and Specifications.
BACKGROUND AND DISCUSSION
On July 9, 2024, per Resolution No. 24-112, the City Council awarded a construction contract to Kerex Engineering, Inc. in the amount of $1,525,104.00 for the HAWK Intersection Improvements at Five Locations Project (Project No. PW9736).
The Project involved work to enhance pedestrian safety at five unsignalized intersections:
• Broadway Street / Hampshire Street
• Broadway Street / Illinois Street
• Springs Road / Lassen Street / Hilton Avenue
• Springs Road / Tregaskis Avenue
• Springs Road / Heartwood Avenue
The improvements for the project included the installation of High-Intensity Activated Crosswalk (HAWK) signals; construction of ADA-compliant curb ramps, removal and replacement of curbs, gutters, and sidewalks; installation of bulb outs and floating islands; hot-mix asphalt plug paving; lowering and raising of existing utilities; and the installation of pedestrian push buttons, signage, barricades, and delineators; and striping.
Construction began on June 2, 2025, and work was completed on April 10, 2026.
The following six (6) Contract Change Orders (CCOs) totaling $370,288 were executed:
• CCO No. 1 – Increased materials cost in the amount of $9,556.00 • CCO No. 2 – Extended contract duration to 77 days
• CCO No. 3 – New street light base, additional loop detectors, and additional potholing in the amount of $23,776.97
Date: August 4, 2026
Subject: ACCEPT THE HAWK INTERSECTION IMPROVEMENTS AT FIVE LOCATIONS PROJECT (PROJECT NO. PW9736) PERFORMED BY KEREX ENGINEERING, INC.
OF MARTINEZ, CALIFORNIA AS COMPLETE AND AUTHORIZE THE CITY CLERK
TO FILE A NOTICE OF COMPLETION WITH THE SOLANO COUNTY
RECORDER’S OFFICE
• CCO No. 4 – Additional concrete quantities and miscellaneous items in the amount of $312,227.66 • CCO No. 5 – Various changes in the amount of $9,760.15 • CCO No. 6 – Contract closeout items in the amount of $14,967.22
Staff recommends accepting the HAWK Intersection Improvements at Five Locations Project (Project No.
PW9736), performed by Kerex Engineering, Inc., of Martinez, California, as complete and authorizing the City Clerk to file a Notice of Completion with the Solano County Recorder’s Office.
FISCAL IMPACT
The Project was funded through the Capital Improvement Program Funds in Project No. PW9736, and the approximate expenditures are as follows:
SOURCES BUDGET EXPENDITURES
Fund 201: Capital Outlay $125,000
Fund 203: Transportation Impact Mitigation Fee (TIMF) $400,000 Fund 221: Grants/Reimbursements $1,305,800
Fund 226: Road Maintenance Rehabilitation Act
(RMRA)/Senate Bill 1 (SB1)
$680,000
EXPENDITURES
Project Management ($248,349)
Design ($198,169)
Construction Contract ($1,525,104)
Contract Change Orders ($370,288)
Construction Management & Inspection (Staff) ($164,824) Miscellaneous ($4,066)
Date: August 4, 2026
Subject: ACCEPT THE HAWK INTERSECTION IMPROVEMENTS AT FIVE LOCATIONS PROJECT (PROJECT NO. PW9736) PERFORMED BY KEREX ENGINEERING, INC.
OF MARTINEZ, CALIFORNIA AS COMPLETE AND AUTHORIZE THE CITY CLERK
TO FILE A NOTICE OF COMPLETION WITH THE SOLANO COUNTY
RECORDER’S OFFICE
TOTAL $2,510,800 ($2,510,800)
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c) - Existing Facilities, the project is for the repair, maintenance, and minor alteration of existing streets and does not add additional vehicle lanes.
ATTACHMENTS
1. HAWK Project - LOCATION MAP
CONTACT
Leonard Job, P.E., Public Works Director (707) 648-4433 [email protected]
Glen March, P.E., Assistant Public Works Director/City Engineer (707) 648-4316 [email protected]
LOCATION MAP
HAWK INSTALLATION IMPROVEMENTS AT FIVE LOCATIONS PROJECT FEDERAL PROJECT NO. HSIPL-5030(065)
CITY PROJECT NO. PW9736
CONSENT CALENDAR 6.F.
DATE: August 4, 2026
TO: Mayor and Members of the City Council
FROM: Leonard Job, Public Works Director
SUBJECT: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2026-2027 BUDGET TO APPROPRIATE $7,500 FROM THE LANDSCAPE MAINTENANCE DISTRICT FUND BUDGET – SUMMIT II, FUND 164 (STEP 2 OF 2)
RECOMMENDATION
Adopt a resolution amending the Fiscal Year 2026-2027 budget to appropriate $7,500 from the Landscape Maintenance District fund budget – Summit II, Fund #164.
REASONS FOR RECOMMENDATION
An amendment to the Fiscal Year 2026-27 budget is required to appropriate $7,500 from the Landscape Maintenance District fund budget – Summit II, Fund 164, to pay for emergency tree work that was completed at the end of Fiscal Year 2025-26. The Notice of Intent to amend the budget was provided by the City Council at the City Council meeting held on July 28, 2026.
BACKGROUND AND DISCUSSION
On June 11, 2026, the City of Vallejo’s Risk Management Division was notified of a fallen tree located on Assessor’s Parcel Number (APN) 0081-060-040, a City-owned parcel maintained through Landscape Maintenance District (LMD) Fund 164 – Summit II. The fallen tree impacted the rear yard of a residential property located at 118 Ron Court, causing damage to approximately 10 linear feet of a six-foot-tall dog-eared wooden fence.
Expedited removal of the tree was warranted to reduce risk, and minimize the City’s potential liability.
Staff utilized EZ Tree, the City’s on-call tree maintenance contractor, to perform emergency tree removal services. The contractor completed the removal work on June 15, 2026. Because this emergency work was unforeseen, there were not sufficient funds in the Fiscal Year (FY) 2025-26 budget available to cover the cost, and because the incident occurred after the FY 2026–27 budget development process had been completed, sufficient funding was not included in the adopted LMD Fund 164 – Summit II budget to cover the cost of the emergency response. As a result, an additional appropriation is required to reimburse the contractor for the completed work.
Staff recommend amending the Fiscal Year 2026-27 budget to appropriate $7,500 from the available Landscape Maintenance District fund budget – Summit II, Fund 164, to cover the cost of the emergency tree
Date: August 4, 2026
Subject: ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2026-2027 BUDGET TO APPROPRIATE $7,500 FROM THE LANDSCAPE MAINTENANCE DISTRICT FUND BUDGET – SUMMIT II, FUND 164 (STEP 2 OF 2)
work that was performed by EZ Tree. The Notice of Intent to amend the budget was presented by the City Council at the City Council meeting held on July 28, 2026.
FISCAL IMPACT
This action represents the second step in a two-step process to amend the Fiscal Year 2026-2027 budget. A sufficient fund balance exists in the Summit II Landscape Maintenance District. The amount of $7,500 will be transferred from the Summit II Landscape Maintenance District (164) fund balance to the Fund 164 operating budget. There is no impact to the General Fund.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guidelines Section 15378.
ATTACHMENTS
1. RESO Budget Appropriation Step 2of2 Summit II 164_CAO Stamp
CONTACT
Leonard Job, Public Works Director, 707-648-4433
[email protected]
RESOLUTION NO. 26-______ N.C.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO AMENDING THE FISCAL YEAR 2026-2027 BUDGET TO APPROPRIATE $7,500 FROM THE LANDSCAPE MAINTENANCE FUND BUDGET- SUMMIT II FUND #164 (STEP 2 OF 2)
WHEREAS, on June 11, 2026, the City of Vallejo’s Risk Management Division was notified of a fallen tree located on Assessor’s Parcel Number (APN) 0081-060-040, a City-owned parcel maintained through Landscape Maintenance District (LMD) Fund 164 – Summit II. The fallen tree caused damage to approximately 10 linear feet of a six-foot-tall wooden fence; and
WHEREAS, expedited removal of the tree was warranted to reduce risk to public safety, prevent further property damage, and minimize the City’s potential liability; and
WHEREAS, EZ Tree, the City’s on-call tree contractor, removed the tree on June 15, 2026.
WHEREAS, because the incident occurred after the FY 2026–27 budget development process had been completed, sufficient funding was not included in the adopted LMD Fund 164 – Summit II budget to cover the cost of the emergency response and additional appropriation is required to pay the contractor for the completed work; and
WHEREAS, sufficient fund balance exists within the Summit II Landscape Maintenance District Fund (#164) to support the requested budget amendment without impacting the General Fund; and
WHEREAS, City Charter Section 703 permits the transfer of unappropriated funds by the City Council upon one week’s written notice of its intent to do so; and
WHEREAS, the Notice of Intent to amend the Summit II Landscape Maintenance District Fund (#164) budget was provided by the City Council on July 28, 2026.
NOW THEREFORE BE IT RESOLVED that the Council of the City of Vallejo hereby amends the fiscal year 2026-2027 budget by appropriating Seven Thousand Five Hundred Dollars ($7500) from the Summit II Landscape Maintenance District Fund (#164) balance and increasing the expenditure appropriations in the Summit II Landscape Maintenance District Fund by a corresponding amount.
Adopted by the City Council of the City of Vallejo at a regular meeting held on August 4, 2026, with the following vote:
AYES:
NOES:
ABSENT:
____________________________________
ANDREA SORCE, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK
CONSENT CALENDAR 6.G.
DATE: August 4, 2026
TO: Mayor and Members of the City Council
FROM: Nalungo Conley, Assistant City Manager/ Acting Finance Director SUBJECT: ADOPT A RESOLUTION RATIFYING INVESTMENT MANAGEMENT SERVICES PERFORMED BY CHANDLER ASSET MANAGEMENT, INC. AND PAYMENT FOR SERVICES RENDERED DURING THE PERIOD OF OCTOBER 23, 2025 THROUGH AUGUST 3, 2026, APPROVING AN INTERIM PROFESSIONAL SERVICES AGREEMENT WITH CHANDLER ASSET MANAGEMENT, INC. IN AN AMOUNT NOT TO EXCEED $150,000 FOR THE PERIOD RETROACTIVE TO OCTOBER 23, 2025 THROUGH DECEMBER 31, 2026, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME
RECOMMENDATION
Adopt a resolution ratifying investment management services performed by Chandler Asset Management, Inc. ("Chandler") and payment for services rendered during the period of October 23, 2025 through August 3, 2026; approving an interim Professional Services Agreement with Chandler in an amount not to exceed $150,000 for the period retroactive to October 23, 2025 through December 31, 2026; and authorizing the City Manager to execute the agreement and any related documents necessary to carry out the agreement.
REASONS FOR RECOMMENDATION
The City uses professional investment management services to assist in managing City funds and investments in accordance with the City's Investment Policy and state law. Chandler has provided these services to the City for more than twenty years.
The City's previous agreement with Chandler expired on October 22, 2025. The agreement was not brought forward for renewal prior to its expiration, resulting in a lapse in the contract. To ensure uninterrupted management of the City's investments, Chandler continued providing services after the agreement expired.
Investment management services are specialized professional services and are exempt from competitive bidding requirements per Vallejo Municipal Code Chapter 3.20.090(A)(4) . However, staff is currently conducting a competitive Request for Proposals (RFP) process as a matter of municipal best practice to ensure the City continues to receive high quality investment management services. Staff expects to return to the City Council in November 2026 with a recommendation for a new long-term agreement.
BACKGROUND AND DISCUSSION
The City invests public funds to meet its day-to-day cash needs, maintain reserves, and preserve public resources. Because managing these investments requires specialized knowledge and experience, the City contracts with a professional investment management firm.
Chandler has served as the City's investment manager for more than twenty years. The firm assists the City by managing the investment portfolio, monitoring compliance with the City's Investment Policy and state law, providing market and economic information, and preparing investment reports for the City Council.
The City's previous agreement with Chandler expired last October 22, 2025. The agreement was not brought
Date: August 4, 2026
Subject: ADOPT A RESOLUTION RATIFYING INVESTMENT MANAGEMENT SERVICES PERFORMED BY CHANDLER ASSET MANAGEMENT, INC. AND PAYMENT FOR SERVICES RENDERED DURING THE PERIOD OF OCTOBER 23, 2025 THROUGH AUGUST 3, 2026, APPROVING AN INTERIM PROFESSIONAL SERVICES AGREEMENT WITH CHANDLER ASSET MANAGEMENT, INC. IN AN AMOUNT NOT TO EXCEED $150,000 FOR THE PERIOD RETROACTIVE TO OCTOBER 23, 2025 THROUGH DECEMBER 31, 2026, AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE SAME
forward for renewal prior to its expiration, resulting in a lapse in the contract. To avoid any interruption in services and to ensure the City's investments continued to be professionally managed, Chandler continued providing services after the agreement expired.
The City has incurred approximately $93,000 in fees for services provided from October 23, 2025 through August 3, 2026. These fees are deducted directly from earnings generated by the City's investment portfolio.
Investment management services require specialized expertise and are exempt from competitive bidding requirements under the City's purchasing policies. Nevertheless, staff is conducting a Request for Proposals process as a prudent procurement practice to ensure the City continues to receive a high-quality investment management services. Staff anticipates returning to the City Council in November 2026 with a recommendation for award of a long-term agreement.
In the interim, staff recommends ratifying the services already provided by Chandler and approving an agreement with Chandler in an amount not to exceed $150,000 for the period retroactive to October 23, 2025 through December 31, 2026. Due to the specialized nature of investment management services, the interim agreement is being awarded as a specialized professional services contract exempt from competitive bidding requirements.
FISCAL IMPACT
Approval of the proposed agreement will authorize expenditures in an amount not to exceed $150,000 for investment management services for the period of October 23, 2025 through December 31, 2026.
Approximately $93,000 in fees have already been incurred for services provided between October 23, 2025 and August 3, 2026. Investment management fees are paid from earnings generated by the City's investment portfolio and are included in the Finance Department's adopted budget. Therefore, approval of the recommended actions will not result in an additional impact to the General Fund.
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. Resolution - Investment Management Agreement - 2025 Chandler - CAO Stamp
2. Vallejo - Investment Management Agreement - 2025 Chandler Asset Management - CAO Stamp
CONTACT
Nalungo Conley, Assistant City Manager/Acting Finance Director, (707)648-4301 [email protected]
RESOLUTION NO. ______ N.C.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO RATIFYING
INVESTMENT MANAGEMENT SERVICES PERFORMED BY CHANDLER ASSET MANAGEMENT, INC. AND PAYMENT FOR SERVICES RENDERED DURING THE PERIOD OF OCTOBER 23, 2025 THROUGH AUGUST 3, 2026, APPROVING AN
INTERIM PROFESSIONAL SERVICES AGREEMENT WITH CHANDLER ASSET MANAGEMENT, INC. IN AN AMOUNT NOT TO EXCEED $150,000 FOR THE PERIOD RETROACTIVE TO OCTOBER 23, 2025 THROUGH DECEMBER 31, 2026,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME
WHEREAS, the City invests public funds in accordance with its Investment Policy and applicable provisions of the California Government Code; and WHEREAS, Chandler Asset Management, Inc. ("Chandler") has provided investment management services to the City for more than twenty years; and WHEREAS, the City's Professional Services Agreement with Chandler expired on October 23, 2025, and was not renewed prior to its expiration, resulting in a lapse in the contract; and
WHEREAS, to ensure uninterrupted management of the City's investment portfolio, Chandler continued providing investment management services after the agreement expired; and
WHEREAS, the City received and benefited from these services during the period of October 23, 2025 through August 3, 2026, for which approximately $93,000 in fees have been incurred; and
WHEREAS, investment management services are specialized professional services exempt from competitive bidding under the City's Purchasing Policy; however, as a matter of good governance and sound procurement practices, the City periodically solicits proposals to ensure that it continues to receive qualified professional services, competitive pricing, and the best overall value, and staff anticipates returning to the City Council in November 2026 with a recommendation for a long-term agreement; and WHEREAS, approving an interim agreement with Chandler will ensure continuity of investment management services while the competitive procurement process is completed.
NOW, THEREFORE, BE IT RESOLVED, that the City Council ratifies the investment management services performed by Chandler during the period of October 23, 2025 through August 3, 2026, and ratifies payment for those services.
BE IT FURTHER RESOLVED that the City Council approves an Interim Professional Services Agreement with Chandler Asset Management, Inc. in an amount not to exceed $150,000 for the period of October 23, 2025 through December 31, 2026.
BE IT FURTHE RESOLVED that the City Manager is authorized to execute the Interim Professional Services Agreement and any documents necessary to implement this Resolution.
Adopted by the City Council of the City of Vallejo at a special meeting held on August 3, 2026 with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
ANDREA SORCE, MAYOR
ATTEST:
______________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Investment Management Agreement Page 1 of 11
INVESTMENT MANAGEMENT AGREEMENT
This Investment Management Agreement ("Agreement") is made at Vallejo, California, dated for reference this ____ day of ____________, 2026, by and between the City of Vallejo, a municipal corporation ("City"), and Chandler Asset Management, Inc., a California corporation, and a registered investment advisor under the Investment Advisers Act of 1940, hereinafter referred to as “Manager”, who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, Manager shall provide the City professional services as specified in Exhibit A, entitled “Scope of Work.”
2. Payment. City shall pay Manager for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation.” The payments specified in Exhibit B shall be the only payments to be made to Manager for services rendered pursuant to this Agreement.
3. Facilities and Equipment. Manager shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
4. Indemnification. Manager shall indemnify, defend (with independent counsel approved by the City) ,and hold harmless the City, its officers, officials, employees, agents, and volunteers and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, Manager’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Manager’s operations, or any subcontractor’s operations, to be performed under this Agreement, for the fullest extent permitted by law, with the exception of the sole active negligence or willful misconduct of the City.
Manager shall also indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, consultant’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Manager’s operations, or any subcontractor’s operations, related to costs or benefits associated with California Public Employment Retirement System
Investment Management Agreement Page 2 of 11
(CalPERS) membership where Manager supplies a CalPERS member who CalPERS determines is subject to enrollment.
The provisions of this section shall survive the expiration or termination of this Agreement and are not limited by any provisions relating to insurance in this Agreement.
5. Insurance Requirements. Manager agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for Manager.” Failure to maintain required insurance at all times shall constitute a default and material breach.
6. Accident Reports. Manager shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum:
(a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses and telephone numbers of any known witnesses, (c) the date, time and description of the accident or other occurrence.
7. Conflict of Interest. Manager warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Manager’s family, business, real property or financial interests and the services to be provided under this Agreement. Manager shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Manager’s family, business, real property or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Manager shall disclose such conflict in writing to City.
8. Independent Contractor. Manager is an independent contractor. Neither Manager nor any of Manager’s officers, employees, agents or subcontractors, if any, is an employee of City by virtue of this Agreement or performance of any services pursuant to this Agreement. City shall have the right to control Manager only insofar as the results of Manager’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Manager accomplishes services pursuant to this Agreement.
9. Licences, Permits, Etc. Manager represents and warrants to City that all Manager services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Manager has all the permits, qualifications and approvals of whatsoever nature which are legally required for Manager to practice its profession. Manager represents and warrants to City that it shall, at its sole cost
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and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Manager to practice its profession.
10. Business License. Manager, and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Manager until such business license(s) has been obtained.
11. Standard of Performance. Manager shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Manager’s profession currently practicing in California.
Manager is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation applicable federal, state, and local laws and regulations, and all other contingencies or considerations.
Manager’s responsibilities under this section shall not be delegated. Manager shall be responsible to City for acts, errors, or omissions of Manager’s subcontractors.
Manager is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work and shall prepare plans, reports, and/or other work products in such a way that additional costs will not be incurred or, beyond a project budget approved or amended by the City Manager or his or her designee.
Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Manager is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Manager of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Manager.
12. Force Majeure. Neither party shall be considered in default of this
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Agreement to the extent performances are prevented or delayed by any cause by circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts.
In the event that the Manager is unable to meet the completion date or schedule of services, Manager shall inform the City Representative of the additional time required to perform the work and the City Representative may adjust the schedule.
13. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.
14. Personnel. Manager agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.
The payment made to Manager pursuant to this Agreement shall be the full and complete compensation to which Manager and Manager’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Manager nor Manager’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Manager. The City shall not be required to pay any workers' compensation insurance on behalf of Manager.
Manager shall pay, when and as due, any and all taxes incurred as a result of Manager’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
15. General Prohibition on Assignment of CalPERS Members and Annuitants. Manager shall not hire, employ, or use, as an employee, subcontractor or agent of Manager (Assigned Individual) any California Public Employment Retirement System (CalPERS) member or annuitant in connection with the provision of services under this Agreement. Nor shall Manager allow any of its subcontractors, agents, or other representatives to employ CalPERS members or annuitants for the purpose of performing work under this Agreement.
Failure to comply with the provisions of this section shall constitute a material breach of Manager’s obligations under this Agreement and shall be grounds for termination.
The City Manager and the Human Resources Director may together approve an exception which they determine either: (i) meets the requirements of CalPERS relating to Independent Contractors; or (ii) where such Assigned Individual who is an Annuitant, has not, and will not, exceed 960 total hours in a fiscal year (July 1
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to June 30) for all CalPERS employers combined, and satisfies all other CalPERS annuitant requirements. No Assigned Individual, regardless of CalPERS membership at the time the labor is provided, may exceed 1,000 hours in a fiscal year (July 1 to June 30).
16. Manager Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or his or her designee, Manager shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Manager shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.
17. Term. The term of this Agreement shall commence on October 23, 2025, and shall continue in full force and effect until December 31, 2026.
City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Manager. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed six years.
If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo.
If funds to effect such continued payment are not appropriated, Manager agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.
18. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving notice to Manager.
Upon receipt of a notice of termination, Manager shall perform no further work except as specified in the notice. Before the date of termination, Manager shall deliver to City all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.
The City shall pay Manager for services performed in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Manager for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Manager for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and
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reimbursement of authorized expenses, payable pursuant to this section.
19. Products of Consulting Services. The work product, including without limitation, all writings, worksheets, reports, recordings, drawings, files, detailed calculations and other work products, whether complete or incomplete, of Manager resulting from services rendered pursuant to this Agreement, shall become the property of City. Manager agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Manager makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.
Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.
20. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Manager in the performance of Manager’s services hereunder.
21. Assignment and Subcontracting. Manager shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty or obligation under this Agreement without said consent shall be void and of no effect.
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If subcontracting of work is permitted, Manager shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Manager. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Manager to use subcontractors for performance of any service under this Agreement.
The City is an intended beneficiary of any work performed by Manager’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.
22. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.
23. Non-Discrimination/Fair Employment Practices.
(a) Manager warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.
In all solicitations either by competitive bidding or negotiations made by Manager for work to be performed under any subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Manager of Manager’s obligation under this Agreement relative to nondiscrimination and fair employment practices.
Manager shall include the above provisions of this section in every subcontract, including procurement of materials or equipment.
(b) Manager agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.
24. Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:
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If to City: Florita Cruz
Assistant Finance Director
City of Vallejo
555 Santa Clara Street
Vallejo, CA 94590
If to Manager: Nicole Dragoo
Chief Executive Officer
Chandler Asset Management
9255 Towne Center Drive, Suite 600
San Diego, CA 92121
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.
Routine administrative communications shall be made pursuant to section 1 of Exhibit A.
24. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.
25. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.
26. Law Governing. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties’ consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
27. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.
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28. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.
29. Gender. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identifications of the person or persons, firm or firms, corporation or corporations may require.
30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.
31. Compliance with Laws. Manager will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.
32. Confidentiality of City Information. During the performance of services under this Agreement, Manager may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as "City Information") which are valuable, special and unique assets of the City. Manager agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Manager’s scope of work , to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law.
Manager shall treat all records and work product prepared or maintained by Manager in the performance of this Agreement as confidential.
A violation by Manager of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.
Manager’s obligations under this section shall survive the completion of services, expiration or termination of this Agreement.
33. News and Information Release. Manager agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.
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34. City Representative. The City Representative specified in Exhibit A, or the representative's designee, shall administer this Agreement for the City.
35. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.
36. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise.
Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement. The failure to send an original shall not affect the binding nature of this Agreement.
37. Authority. The person signing this Agreement for Manager hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Manager.
38. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A, entitled “Scope of Work,” including any attachments.
Exhibit B, entitled “Compensation,” including any attachments.
Exhibit C, entitled “Insurance Requirements,” including any attachments.
Exhibit D, entitled “City of Vallejo, California Statement of Investment Policy”.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
CHANDLER ASSET MANAGEMENT,
INC.
A California corporation
By:
Nicole Dragoo
CEO
DATE: ____________________
11710998
Vallejo Business License No.
CITY OF VALLEJO,
A municipal corporation
By:________________________
Harry Black
City Manager
DATE: ____________________
ATTEST:
By:________________________
Dawn Abrahamson,
City Clerk
APPROVED AS TO CONTENT:
__________________________
Nalungo Conley
Acting Finance Director
APPROVED AS TO INSURANCE
REQUIREMENTS:
___________________________
Armond Sarkis
Risk Manager
APPROVED AS TO FORM:
Veronica A. F. Nebb
City Attorney
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Exhibit A
EXHIBIT A
SCOPE OF WORK
1. Representatives.
The City Representative for this Agreement is:
Florita Cruz
Assistant Finance Director
555 Santa Clara Street, 3 rd Floor
Vallejo, CA 94590
Telephone number: 707-648-4592
E-mail: [email protected]
The Manager’s Representative for this Agreement is:
Nicole Dragoo
Chief Executive Officer
Chandler Asset Management
9255 Towne Center Drive
San Diego, CA 92121
Telephone number: 800-317-4747
E-mail: [email protected]
All routine administrative communications between the parties and any required disclosures by Manager will be between the above-named representatives and may be by personal delivery, mail, facsimile transmission or electronic mail as agreed between the Manager Representative and City’s Representative.
2. Services to be Provided.
The services provided shall be as set forth below. Manager agrees to:
A. Manager’s Services
i. City appoints Manager, and Manager agrees to act, as investment manager of the assets that are currently or subsequently placed in the account of City (hereinafter the “Account”).
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Exhibit A
ii. Manager will provide investment research and supervision of the City's investment account and conduct a continuous program of investment, evaluation and, when appropriate, sale and reinvestment of the City's Account.
iii. Manager shall develop and implement active investment strategies that will seek to enhance portfolio performance under current and future market conditions within the parameters of the City’s investment policy and cash flow needs.
B. Investment Discretion
City authorizes Manager to exercise sole investment discretion in the portfolio management of the Account and to direct the purchase, sale, exchange, and transfer of securities in the Account consistent with the City’s investment guidelines, objectives and any restrictions as stated in the City’s Investment Policy, which is attached hereto and incorporated herein as Exhibit D and which Policy may be amended from time to time.
City gives Manager authority to instruct the Custodian to make and accept payments for, and to deliver or to receive securities, cash, or other investments purchased, sold, redeemed, exchanged, pledged, or loaned for the Account.
In managing the Account, Manager will not be responsible for managing any of City’s assets not in the Account. Manager will not be liable for any loss or damage resulting from the management of City’s other assets not in the Account.
Manager hereby accepts this appointment, acknowledges that it is registered as an investment advisor under the Investment Advisers Act of 1940 and that it will promptly advise City if at any time it is not so registered.
C. Transactions For The Account
Manager will arrange for the Account’s securities transactions to be executed through the brokers, dealers or banks that Manager believes will provide best execution for the Account. In choosing a broker, dealer or bank, Manager will consider the broker, dealer or bank’s execution capability, reputation, and access to the markets for the securities being traded. Manager will seek competitive commission rates, but not necessarily the lowest rates available.
City acknowledges that it will receive monthly statements of assets and transactions from the Custodian.
D. Conformance With Law and Policy
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Exhibit A
The Manager shall perform its obligations under this Agreement in conformance with all applicable laws, regulations and policies including, but not limited to, the City of Vallejo’s Investment Policy, which is attached hereto and incorporated herein as Exhibit D, and which Policy may be amended from time to time, provided, however, that Manager shall not be responsible for knowledge of the content of any amendment, written notice of which has not been furnished to the Manager in accordance with this Agreement.
E. Investment of Collected Funds
The City authorizes Manager to invest collected funds. The City and the Manager agree in writing prior to any investment of collected funds that Manager is hereby granted full discretion to invest and reinvest all assets under its management in any type of security it deems appropriate, subject to the instructions given or guidelines set by City.
In investing and reinvesting City’s assets, Manager shall comply with City’s Investment Policy, which is attached hereto as Exhibit D and which Policy may be amended from time to time.
City recognizes that Manager may place buy and sell orders with or through such brokers or dealers as it may select. It is the policy and practice of Manager to strive for the best price and execution and for commission and discounts which are competitive in relation to the value of the transaction and which comply with Section 28(e) of the Securities and Exchange Act. Nevertheless, it is understood that Manager may pay a commission on transactions in excess of the amount another broker or dealer may charge, and that Manager makes no warranty or representation regarding commissions paid on transactions hereunder.
F. Custody of Securities and Funds
Manager shall not have custody or possession of the funds or securities that City has placed under its management. City shall appoint a third-party custodian to take and have possession of the securities and other assets in the Account.
Manager will not be responsible for paying Custodian’s fees.
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Exhibit A
G. Risk Acknowledgment
City acknowledges that Manager cannot guarantee the Account’s performance, promise any specific level of performance, or promise that its investment decisions, strategies, or overall Account management will be successful. The investment decisions Manager will make for the Account are subject to various market, currency, economic, political, and business risks, and will not necessarily be profitable.
City recognizes that the opinions, recommendations and actions of Manager will be based on information deemed by it to be reliable, but not guaranteed to or by it.
Provided that Manager acts in good faith and exercises the degree of care, skill, prudence, and diligence then prevailing that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an enterprise with like character and with like aims, City agrees that Manager will not in any way be liable for any error in judgment or for any act or omission, except as may otherwise be provided for under the Federal Securities laws or other applicable laws.
Manager shall notify City in writing as soon as Manager is aware that it will be unable to meet any agreed upon service, completion or submission date.
H. Liability For Loss of Use of Funds
To the extent that Manager is otherwise liable to the City under the terms of this Agreement for any loss of use of funds to the City, compensation for such loss of use of funds will be determined on the basis of the daily federal funds rate, as determined by the Manager, during the period in which the funds were unavailable.
I. Reporting
Manager shall furnish the City with statistical information and reports with respect to investments of the Account.
Manager shall provide monthly investment reports for the portfolio detailing securities holdings (including balances in local government investment pools), daily activity reconciliation, portfolio composition and sector analyses, portfolio return, and weighted average maturities. In addition, Manager will provide City with quarterly portfolio summary and performance reports.
The account custodian shall send confirmations of individual trades and transactions to City within 24 hours of initiating transaction. These transaction confirmations shall be sent via U.S. Mail to the City Contract Administrator in accordance with any security procedure established between the Manager and the City.
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Exhibit A
Manager shall provide an onsite review of the investment program and portfolio performance with the City’s finance staff, investment committee and/or City Council upon request.
J. Duty to Select
Manager shall select, with due diligence, all other entities which it deems necessary to assist in the performance of any Services.
It is further understood that Manager may be acting in a similar capacity for other institutional and individual clients, and that investments and reinvestments for City’s portfolio may differ from those made or recommended with respect to other accounts and clients even though the investment objectives may be the same or similar. Accordingly, it is agreed that Manager will have no obligation to purchase or sell for City’s Account any securities which it may purchase or sell for other clients.
K. City’s Instructions to Manager
The Manager is authorized to rely and act upon the written and manually signed instructions of the City and any other instructions transmitted to the Manager in accordance with any security procedure established between the Manager and the City for verifying the authenticity of any request. The City shall confirm in writing to the Manager the persons who are authorized to provide instructions to the Manager.
Only the City Manager or the City Manager’s delegate by writing shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement.
Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding until made in writing and signed by the City Manager or the City Manager’s delegate by writing unless otherwise provided herein.
L. Notice of Certain Changes.
Manager shall notify City in writing (i) if more than 7.5% of the ownership interest in Manager is acquired by any person or entity other than a change in ownership between the current owners or a subsidiary of Manager or (ii) in the event of any change in control or business reorganization of Manager. Further, Manager shall promptly notify City in writing of any change in, or departure of, (i) the lead portfolio manager or the lead research of Manager or (ii) any senior investment personnel responsible for the management of City’s investments.
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Exhibit A
M. Regulatory Matters.
To the extent not prohibited by applicable law, during the term of this Agreement, the Manager shall promptly advise the City in writing of any investigation, examination (other than routine examinations provided, however, that all findings letters that identify material issues or compliance infractions shall be promptly disclosed to City), complaint, disciplinary action or other proceeding involving the Manager or to Manager’s knowledge, any sub adviser, or any of their respective affiliates or any executive or professional employed by Manager relating to or affecting the Manager’s ability to perform its respective duties, and manage City’s investments, which is commenced by the U.S. Securities Exchange Commission, or any other federal or state governmental regulatory or self-regulatory or agency or organization, or any state Attorney General, or any foreign governmental, regulatory or self-regulatory agency or organization of any state in the United States or any international regulatory agency.
N. Meetings and Information.
Upon City’s reasonable request, Manager shall attend meetings with City to review and apprise City of investments or investment activities entered into pursuant to this agreement. Upon request, Manager shall also furnish to City information regarding assets and asset classes in which Manager has or may invest in on behalf of City and an overview of specific market conditions.
O. Maintenance, Preservation and Review of Books and Records; Errors and Violations.
The Manager shall maintain all books and records in accordance with generally accepted accounting principles consistently applied. “Books and records” are the proper and complete books of account for the City’s investments, together with all records, instruments, work papers and documents relating to the investments. All such books and records shall be maintained at the Manager’s principal place of business and shall be preserved during the term of this Agreement and for four (4) years thereafter. During such period, City, and/or its authorized representatives, from time to time, upon two (2) business days notice, shall have the right to inspect, duplicate and audit such books and records for all purposes. If an error is discovered as a result of an audit performed by Manager or City, or if the Manager becomes aware of any error affecting the City’s investments through any other means, Manager shall notify City and use its best efforts to promptly correct such error or to cause the appropriate party to correct such error. In addition, the Manager shall report to City any violation of the terms of this Agreement or any applicable law, rule or regulation, within 24 hours of such violation. Such report shall include a description and assessment of the violation and the plan for curing such violation and corrective action.
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Exhibit A
P. Representations of the Manager.
The hereby represents and warrants to City as follows, which representations and warranties shall be continuously made at all times during which Manager acts as investment manager to City unless Manager otherwise notifies City in writing:
(i) Except as specifically disclosed in writing to City, neither the Manager, any of its subsidiaries, divisions or other affiliates, nor any of their officers, directors, partners, or employees, ever has been (A) convicted of or pleaded guilty (or nolo contendere) to a felony or misdemeanor involving (1) an investment or investment- related business, (2) fraud, false statements or omissions, or (3) the wrongful taking of property, bribery, forgery, counterfeiting or extortion; (B) found by a court to be in violation of any federal or state investment (or investment-related) statutes or regulations; (C) found by the U.S. Securities and Exchange Commission, or any other domestic or foreign governmental agency or self-regulating organization, to have (1) made a false statement or omission, (2) been involved in a violation of its regulations or statutes, or (3) been a cause of an investment-related business having its authorization to do business denied, suspended, revoked or restricted; nor is any claim, proceeding or litigation known to the Manager that might lead to the foregoing presently pending; and (iii) Except as specifically disclosed in writing to City, neither the Manager, any of its subsidiaries, divisions or other affiliates, nor any of their officers, directors, partners, or employees directly involved in the management of the City’s investments ever has (A) had an insurance or bonding company deny, pay out on or revoke a fidelity bond or fiduciary liability insurance policy; (B) filed a bankruptcy or insolvency petition (or been declared bankrupt) or had a trustee appointed under the Securities Investor Protection Act; or (C) had its registration revoked or its activities restricted; nor is any claim, proceeding or litigation that might lead to the foregoing presently pending;
Q. Limited Recourse.
The Manager shall not enter into any agreement by or on behalf of City that: (i) is binding on City or allows, either expressly or by operation of law, recourse to City, (ii) creates any actual or potential liability on the part of City that exceeds the scope of authority delegated to the Manager under this Agreement or (iii) waives any of City’s rights, defenses or causes of actions. The Manager agrees that, with respect to City, no document or agreement shall be executed or entered into by the Manager on behalf of City if such document or agreement would expose City to liability and the recourse of the other party to the assets of City under such document or agreement is not limited to the assets of City that are managed by the Manager, and further agrees to note its files to ensure ongoing compliance with this agreement. Liabilities that are not authorized by City and are prohibited by this provision, include, without limitation, any obligation on the part of City to indemnify a third party or to pay attorneys’ fees, legal expenses, penalties or liquidated damages. The Manager shall have no authority to represent City in any manner whatsoever in any legal proceeding (including bankruptcies) and litigation that is filed as a result of the Manager’s trading activity without the prior written consent of City. City reserves all rights to retain legal counsel on its behalf and oversee any and all litigation where City may have a claim, resulting from any securities purchased on its behalf.
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Exhibit B (Rev. 11-08)
EXHIBIT B
COMPENSATION
1. Manager’s Compensation.
Services: City agrees to pay Manager, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, a total not to exceed One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00).
After the first month of service, Manager shall submit to the City monthly, by the last day of the following month, an itemization of fees and charges in its monthly statements to the City. There shall be no predetermined minimum account balance requirement.
Fees will be calculated by Manager and billed in arrears as of the last day of the calendar month based on the average market value of the Account.
Market value on any date is equal to the sum of the market values on all securities plus cash and accrued income held in the Account.
For services provided by Manager pursuant to this Agreement, the City shall pay Manager an annual fee, in monthly installments, based on the net assets under management. City shall compensate Manager monthly an amount calculated on the average market value of City’s Account, in accordance with the following schedule:
Assets Under Management Annual Investment Management Fee First $50 million of assets under
management
8 basis points (0.08 of 1%)
Assets over $50 million of assets
under management
5 basis points (0.05 of 1%)
The first year’s fees at $5,000/month
($60,000/annum) as Chandler
transitions the assets.
City is not required to pay any start-up or closing fees; there are no penalty fees. The fees expressed above do not include any custody fees that may be charged by City’s bank or other third-party custodian.
Investment Management Agreement Page 2 of 4
Exhibit B (Rev. 11-08)
Upon Termination of this Agreement, Manager’s fees shall be prorated to the effective date of termination on the basis of actual days elapsed, and any unearned portion of prepaid fees shall be refunded.
B. Price Increases
The Manager agrees to provide the Services at the costs, rates and fees set forth in Section 1 above. No other costs, rates, or fees shall be payable to Manager, unless otherwise mutually agreed in writing by the parties. Fees are firm for the entire five-year contract (three-year base term and two one- year renewals). The City will not be subject to any increases during this period.
C. Additional Services:
1. Additional services are those services related to the scope of Services of Manager as set forth in Exhibit A but not anticipated at the time of execution of this Agreement (“Additional Services”). Additional Services shall be provided only when authorized by an amendment to this Agreement and approved by the City Manager, or his or her designee. City reserves the right to perform any Additional Services with its own staff or to retain other Managers to perform said Additional Services. Any costs incurred due to the performance of Additional Services prior to the execution of an amendment will not be reimbursed under this Agreement or an amendment.
2. Manager’s compensation for Additional Services shall be based on the total number of hours spent on Additional Services multiplied by the employees' appropriate billable hourly rate as established below.
City, at its option, may negotiate a fixed fee for some or all Additional Services as the need arises. Where a fixed fee for Additional Services is established by mutual agreement between City and Manager, compensation to Manager shall not exceed the fixed fee amount.
2. Manager’s Reimbursable Expenses.
Reimbursable Expenses shall be limited to actual reasonable expenditures of Manager for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.
Investment Management Agreement Page 3 of 4
Exhibit B (Rev. 11-08)
3. Payments to Manager.
A. Unless City chooses to pay Manager directly, City agrees to instruct the Custodian to deduct from the Account and pay Manager its fees.
Manager and/or the Custodian will send to City a statement showing the amount of Manager’s fees.
B. Payments to Manager shall be made within a reasonable time after receipt of Manager’s invoice, said payments to be made in proportion to services performed. Manager may request payment on a monthly basis.
Manager shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.
C. All invoices submitted by Manager shall contain the following information:
1. Description of services billed under this invoice
2. Date of Invoice Issuance
3. Sequential Invoice Number
4. City’s Purchase Order Number (if issued)
5. Social Security Number or Taxpayer Identification Number
6. Amount of this Invoice (Itemize all Reimbursable Expenses”)
7. Total Billed to Date
C. Items shall be separated into Services and Reimbursable Expenses.
Billings that do not conform to the format outlined above shall be returned to Manager for correction. City shall not be responsible for delays in payment to Manager resulting from Manager’s failure to comply with the invoice format described above.
D. Request for payment shall be sent to:
Florita Cruz
Assistant Finance Director
City of Vallejo
555 Santa Clara Street
Vallejo, CA 94590
4. Accounting Records of Manager.
Manager shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Manager’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Manager’s Reimbursable Expenses, in accordance with generally accepted accounting
Investment Management Agreement Page 4 of 4
Exhibit B (Rev. 11-08)
practices. Manager shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty-four (24) hours’ notice.
The obligations of Manager under this section shall survive this Agreement.
5. Taxes.
Manager shall pay, when and as due, any and all taxes incurred as a result of Manager’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request. Manager hereby agrees to indemnify and defend City for any claims, losses, costs, fees, liabilities, damages or injuries suffered by City arising out of Manager’s breach of this section pursuant to the Indemnification provisions of this Agreement.
6. Taxpayer Identification Number. Manager shall provide City with an IRS Form W-9, Request for Taxpayer Identification Number and Certification, containing an original signature and any other State or local tax identification number requested by City.
Investment Management Agreement Page 1 of 4
Exhibit C (Rev. 11-08)
EXHIBIT C
INSURANCE REQUIREMENTS
Manager shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Manager, their agents, representatives, or employees or subcontractors.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 any auto and endorsement CA 0025.
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Professional Liability insurance appropriate to the Manager’s profession (Errors and Omission).
5. Crime/Employee Dishonesty Insurance.
B. Minimum Limits of Insurance
Manager shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, coverage shall be twice the per occurrence amount.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
Investment Management Agreement Page 2 of 4
Exhibit C (Rev. 11-08)
3. Workers’ Compensation and Employer's Liability: $1,000,000 per accident for bodily injury or disease. If Manager is not subject to California Workers’ Compensation requirements, Manager shall file a completed certificate of exemption form which may be obtained from the City prior to commencing any activity authorized hereunder.
4. Professional Liability (Errors and Omission): $10,000,000 combined single limit per claim, and annual aggregate.
5. Crime/Employee Dishonesty Insurance: $1,000,000 per occurrence against loss of money, securities, or other property referred to in this Agreement in the forms stated below, and naming the City as loss payee.
Form A: Employee Dishonesty
Form B: Forgery or Alteration
Form C: Theft, Disappearance and Destruction
Form D: Computer Fraud
Form E: Burglary and Robbery
C. Deductible and Self-Insured Retention
Any deductibles or self-insured retention must be declared to and approved by the City’s Risk Manager. If the deductibles or self-insured retention limit is unacceptable to the City’s Risk Manager, at his or her option, the insurer shall either reduce or eliminate such deductibles or self-insured retention as respects the City of Vallejo, its officers, officials, employees and volunteers; or the Manager shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
D. Other Insurance Provisions
The general liability and automobile liability policies, as can be provided, are to contain, or be endorsed to contain, the following provisions:
1. The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Manager; products and completed operations of the Manager; premises owned, occupied or used by the Manager; or automobiles owned, leased hired or borrowed by the Manager.
The coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials,
Investment Management Agreement Page 3 of 4
Exhibit C (Rev. 11-08)
employees, agents or volunteers. The insurance is to be issued by companies licensed to do business in the State of California.
2. For any claims related to this project, the Manager's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City of Vallejo, its officers, officials, employees, agents or volunteers shall be excess of the Manager's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers.
4. The Manager's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
The workers’ compensation and employer’s liability policy required hereunder shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Manager’s performance under this Agreement.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
F. Verification of Coverage
Manager shall furnish the City with original certificates of insurance for all insurances required by this Agreement and endorsements effecting general and automobile liability insurance coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City’s Risk Manager before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage, by this
Investment Management Agreement Page 4 of 4
Exhibit C (Rev. 11-08)
Agreement at any time. All verification of coverage and other insurance documents shall be mailed to the following address or to any other subsequent address as may be directed in writing by the City’s Risk Manager:
City of Vallejo
Attn.: Risk Manager
555 Santa Clara Street
Vallejo, CA 94590
G. Subcontractors
Manager shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
H. Payment Withhold
City will withhold payments to Manager if the certificates of insurance and endorsements required in Paragraph F, above, are canceled or Manager otherwise ceases to be insured as required herein.
CONSENT CALENDAR 6.H.
DATE: August 4, 2026
TO: Mayor and Members of the City Council
FROM: Harry E. Black, City Manager
SUBJECT: ADOPT A RESOLUTION APPROVING A REQUEST BY THE FAMILY OF JOHN WESLEY FINNEY, JR. TO SCATTER HIS CREMATED REMAINS AT A SPECIFICALLY
DESIGNATED PORTION OF THE BLUE ROCK SPRINGS WEST GOLF COURSE AND
DIRECTING THE CITY MANAGER TO WORK WITH THE FAMILY TO DESIGNATE AN
APPROPRIATE LOCATION AND TO TAKE OTHER NECESSARY ACTIONS
RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the scattering of the cremated remains of John Finney at Blue Rock Spinrgs Golf Course and direct the City Manager or designee to coordinate with the Blue Rock Springs General Manager, which operates the golf course on behalf of the City, and the Finney family to facilitate the scattering in a manner that minimizes disruption to golf course operations and is consistent with applicable laws.
REASONS FOR RECOMMENDATION
Blue Rock Springs Golf Course held a special significant to John Finney, a longstanding and respected member of the Vallejo community and an avid golfer. Authorizing the scattering of his cremated remains on City-owned property provides an opportunity to honor his lifelong connection to the golf course and his many contributions to the Vallejo community.
The requested authorization is limited to this specific occasion and does not establish a policy or precedent for future requests. If approved, the scattering will be coordinated with the Blue Rock Springs General Manager, which operates the golf course on behalf of the City, to ensure the event is conducted respectfully, safely, and with minimal disruption to golf course operations.
BACKGROUND AND DISCUSSION
John Finney was a longstanding and respected member of the Vallejo community whose contributions touched countless residents over many years. An avid golfer, Blue Rock Springs Golf Course was one of the places he cherished most. Following his passing, Mr. Finney's family requested permission to scatter his cremated remains at Blue Rock Springs Golf Course in recognition of his lifelong connection to the course and the community.
Blue Rock Springs Golf Course is owned by the City of Vallejo and operated by the Lewis Management Corporation under agreement with the City. Because the request involves the use of City-owned property for a memorial purpose, City Council authorization is appropriate. If approved, the scattering will be coordinated with the Blue Rock Springs General Manager and the Finney family to ensure it is conducted respectfully and with minimal impact on golf course operations.
FISCAL IMPACT
Date: August 4, 2026
Subject: ADOPT A RESOLUTION APPROVING A REQUEST BY THE FAMILY OF JOHN WESLEY FINNEY, JR. TO SCATTER HIS CREMATED REMAINS AT A
SPECIFICALLY DESIGNATED PORTION OF THE BLUE ROCK SPRINGS WEST
GOLF COURSE AND DIRECTING THE CITY MANAGER TO WORK WITH THE
FAMILY TO DESIGNATE AN APPROPRIATE LOCATION AND TO TAKE OTHER
NECESSARY ACTIONS
There is no financial impact associated with the recommendation 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. Resolution Approving Finney Request CAO STAMP
2. J Finney_City Council Request
3. Final_Finney bio _1
CONTACT
Harry E. Black, City Manager (707) 648-4576
[email protected]
Approved as to form:
By: for
Veronica Nebb, City Attorney
RESOLUTION NO. ________ N.C.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING THE REQUEST OF VANITA E. FINNEY TO SCATTER THE CREMATED REMAINS OF JOHN WESLEY FINNEY, JR. AT THE BLUE ROCK SPRINGS GOLF COURSE (EAST) IN AN AREA
DETERMINED BY THE CITY IN CONJUNCTION WITH THE FINNEY FAMILY AND
DIRECTING THE CITY MANAGER TO TAKE NECESSARY ACTION
WHEREAS, John Wesley Finney, Jr. passed away on March 30, 2026; and
WHEREAS, Mr. Finney was a long-standing pillar of the community in Vallejo; and
WHEREAS, Mr. Finney previously received a Certificate of Recognition from Mayor Andrea Sorce, a Resolution from the Board of Trustees of the Vallejo Unified School District, a Proclamation from the California State Senate, a Commendation from the Solano County Board of Supervisors, a Resolution from State Assemblywoman Lori D. Wilson and a Congressional Commendation from Congressman John Garamendi all in honor and recognition of his personal contributions as an educator; and
WHEREAS, in the early 1950s, Mr. Finney drove from San Francisco to Vallejo to play golf at the Blue Rock Springs Golf Course for the first time; and
WHEREAS, as a Vallejo resident, Mr. Finney played golf at Blue Rock Springs Golf Course; and
WHEREAS in retirement from Vallejo City Unified School District, Mr. Finney worked at Blue Rock Springs Golf Course for nearly 40 years retiring at the age of 97; and
WHEREAS, one of Mr. Finney’s requests before passing was that his ashes be scattered at Blue Rock Springs Golf Course (East); and
WHEREAS, Mr. Finney’s family has obtained all necessary documentation and permits to allow the disposition of Mr. Finney’s remains at the Blue Rock Springs Golf Course (East); and
WHEREAS, Mr. Finney’s family requests that the City of Vallejo allow the scattering of Mr.
Finney’s cremated remains at Blue Rock Springs Golf Course (East) as he requested.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF VALLEJO DOES HEREBY RESOLVE THAT:
The City Council hereby approves the scattering of the remains of John Wesley Finney, Jr., at the Blue Rock Springs Golf Course (East) in an area to be determined by the City in conjunction with the Finney family and hereby directs the City Manager to take all necessary action and prepare and sign all necessary documents to accommodate this action.
Adopted by the Council of the City of Vallejo at a meeting held on August 4, 2026, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
ANDREA SORCE, MAYOR
ATTEST: __________________________________ DAWN G. ABRAHAMSON, CITY CLERK
Vanita E. Finney
July 24, 2026
Attention – Vallejo City Council Members:
Diosdado “JR’ Matuluc, Vice Mayor [email protected] Alexander Matias [email protected]
Tonia Lediju [email protected]
Charles Palmares [email protected]
Peter Bregenzer [email protected]
Helen-Marie Gordan [email protected] The Vallejo City Council
555 Santa Clara Street
Vallejo, CA 94590
Dear Vallejo City Council Member,
On March 30, 2026, my husband, John Wesley Finney, Jr. passed away. He was a long standing pillar in Vallejo’s community. On John ’s behalf, we were awarded a Certificate of Recognition from Mayor Andrea Sorce, a Resolution from the Board of Trustees of the Vallejo City Unified School District, a Proclamation from the State of California Senate, a Commendation from the Solano County Board of Supervisors, a Resolution from the State Assemblywoman Lori D. Wilson, and a Congressional Commendation from Congressman John Garamendi. The awards were in honor and recognition of John’s personal contributions, as well as an educator in the Vallejo City Unified School District and the community. His biography is enclosed. The purpose of this letter is to respectfully ask your consideration and approval of John ’s wish and request, that after his passing, his ashes be scattered on Blue Rock Springs Golf Course (East).
In the early 1950s, John drove from San Francisco (where he resided) to Vallejo to play Blue Rock Springs Golf Course for the very first time. Through the years and as a Vallejo resident, John played golf regularly at the “Rock”. For over 70 years, his love and passion for the game took him on ventures to play at many golf courses throughout the country and to a number of countries he visited. In retirement from Vallejo City Unified School District, he worked at Blue Rock Springs Golf Course for close to 40 years and retired from the course at the age of 97.
It is our family ’s hope that the Vallejo City Council will honor John Wesley Finney, Jr ’s wish and request to have his ashes scattered at Blue Rock Springs Golf Course (East), the course that he loved so much. In other words, we will send John off, as we golfers say, “Happy Golfing” forever! Per the advisement of the Chief Assistant City Attorney, Randy Risner, I obtained a VS –9 Disposition Permit. Attached is a copy of the death certificate and a copy of the permit (a hard copy is being mailed). Thinking positive that John’s request will be approved, upon that approval, we plan to carryout out his final wish in a private
manner, discreetly, without public announcement; and “leaving no visible piles of ashes or any containers behind ” (Risner ’s referenced email April 22, 2026). Thank you in advance for your kind consideration. If you have any questions, please feel free to contact me.
Sincerely,
Vanita E. Finney
Cc:
Andrea Sorce, Mayor [email protected]
Randy Risner, Chief Assistant City Attorney [email protected] Veronica Nebb, City Attorney [email protected] Harry Black, City Manager [email protected] Erik Rzomp, Mayor’s Executive Assistant [email protected] Brent Cornelius, General Manager – Blue Rock Springs Golf Course [email protected]
John Wesley Finney, Jr. - Bio:
Born on January 12, 1928, in Los Angeles, California, to John W. Finney Sr. and Arneta Plato Andrews/Finney. The eldest of ten (10) children, five boys and five girls. Raised in Watts, California.
Education:
Attend 111th street elementary school, graduated 1940.
Attended and graduated from David Starr Jordan High School, 1946.
Attended Compton Junior College until spring of 1947.
1949 – crossed the ‘Burning Sands” into Kappa-dom: I, Burl Toler, Ollie Matson and other initiates went over together.
Attended University of San Francisco, graduated in 1956.
Attended University of California at Berkeley, received teaching credential 1973.
Attend San Francisco State College, received M.A degree and Administrative credential 1975.
Work experience:
During my school years, I worked in a variety of jobs in the summer, and on Christmas vacations, that included; construction, mail delivery, machinist, etc.
From February 1951 to September 1955, I was a Municipal Railway employee, driving buses.
From September 1955 to July 1971, I was a member of the San Francisco Police Department. The majority of that time was spent as an Asst. Inspector in the Juvenile Division.
September 1968, I taught New Math, as an instructor for the San Francisco Unified School District, in their Adult School
August 1969 to December 1970, I was a Social Studies instructor at Grant Continuation High School, in Oakland Unified District
December 1970 to June 1972, I was a Coordinator of an Opportunity Program (School within a School), at McClymonds High School, in the Oakland Unified District.
July 1972 to July 1986, Principal of Peoples High School, then known as the Work Study Center, in the Vallejo City Unified School District (VCUSD).
July 1986 to August 1992, Director of Alternative Education, in the Vallejo City Unified School District
August 1992, retired from the Vallejo City Unified School District, but continued to substitute in various positions in the district for the next ten years.
November 13, 2013, Peoples High School renamed John W. Finney High School.
Married to the former Vanita E. Kenner, School Nurse , Pediatric Nurse Practitioner, and later, Coordinator of Student Health Services of VCUSD , now retired.
Added Information:
While attending Compton Jr. College, 1946; 1947, I was a member of their football team which were selected the Junior College National Champions tho se years. I was an “All League” selection both years, and in 1946 I was the MVP.
In December 1946, Compton played in the first Junior College Rose Bowl where we defeated a Kilgore, Texas team at the Pasadena Rose Bowl.
In 1947 Compton won the National Junior College Track Championship, and I was member of that team.
In 1947, Compton played in the Tyler Texas Rose Bowl, and as a member of the team I became the first African American to play against white players in Texas .
I attended The University of San Francisco on full ride football scholarship. In my senior year (1949), I played on a team that in 1951 went on to be undefeated, untied and uninvited to a bowl, because of the presence of their two African American players, Ollie Matson and Burl Toler, both whom I played with when they were sophomores.
OTHER INTERESTING FACTS:
Held a job and paid as Parking Attendant at USF, but there was no parking lot.
Worked at Blue Rock Springs Golf Course for close to 40 years in the Pro Shop, Driving Range “Snack Shack” and then as Ambassador, driving the host cart picking up golfers and their golf bags.
CONSENT CALENDAR 6.I.
DATE: August 4, 2026
TO: Mayor and Members of the City Council
FROM: Jason Ackley, Assistant to the City Manager
SUBJECT: ADOPT A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE SERVICES AGREEMENT WITH HEALTHY VALLEJO COMMUNITY SUPPORT SERVICES, INC., FOR AN ADDITIONAL $100,000 AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAME
RECOMMENDATION
Adopt a resolution approving the First Amendment to the Services Agreement with Healthy Vallejo Community Support Services, Inc., for an additional $100,000 - with a new not-to-exceed amount of $350,000, and authorizing the City Manager to execute same.
REASONS FOR RECOMMENDATION
The City recently received a Community Cleanup and Employment Pathways (CCEP) Grant in the amount of $285,000. Staff identified Healthy Vallejo Community Support Services, Inc., as a vendor to provide litter/debris clean-up services under the CCEP grant.
BACKGROUND AND DISCUSSION
The City has a need for illegal dumping and litter/debris removal services throughout the City of Vallejo as trash accumulation continues to be a significant issue. In order to meet the current and anticipated needs for removal services, staff issued a Request for Proposals (RFP) for On-Call Illegal Dumping and Litter/Debris Removal Services from qualified and committed local nonprofit service providers. The scope of work included removal of illegal dumping, litter, debris and vegetation from City-owned public right-of-way and City property as instructed by the City, including large items such as tires and refrigerators. The RFP for On-Call Illegal Dumping and Litter/Debris Removal Services was released on May 13, 2025.
Following the successful RFP, the City entered into a Services Agreement (25PW173) with Healthy Vallejo Community Support Services, Inc., with a maximum not-to-exceed amount of $250,000 to provide these services.
The City of Vallejo has recently received a Community Cleanup and Employment Pathways (CCEP) Grant in the amount of $285,000, which was accepted by City Council on June 9th, 2026. Staff's application for the grant included utilizing Healthy Vallejo to execute grant-funded litter/debris removal work through Services Agreement 25PW173.
Staff recommend authorizing the City Manager to execute a contract amendment with Healthy Vallejo Community Support Services, Inc., for an additional $100,000, for a new total not to exceed of $350,000.
The CCEP Grant's expected budget is as follows:
Date: August 4, 2026
Subject: ADOPT A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE SERVICES
AGREEMENT WITH HEALTHY VALLEJO COMMUNITY SUPPORT SERVICES, INC., FOR AN ADDITIONAL $100,000 AND AUTHORIZING THE CITY MANAGER
TO EXECUTE SAME
Line Item / Partner Purpose / Scope Focus Allocation
Healthy Vallejo Workforce & community cleanup activities $100,000 Local Edition
Creative*
Public art integration & murals $80,000
Solano Community
Foundation (SCF)
Day-to-day grant administration & partner coordination $50,000 Public Works Equipment (street/cleanup machinery & tools) $20,000 Implementation
Supplies
Trees (200 target), green space materials (55,000 sq. ft.), Adopt- a-Spot supplies
$20,000
Gary Bess Associates
(GBA)
Independent program evaluation, reporting & performance dashboard
$15,000
TOTAL GRANT
BUDGET
$285,000
*Staff are working on negotiating an agreement with Local Edition Creative for the public art & mural portion of the grant-funded activities. They were chosen as a vendor due to their specialized services, flexibility, timing, and prior work within Vallejo. Should Local Edition be chosen, they will perform public outreach to enlist local artists to perform the actual mural work.
FISCAL IMPACT
Execution of this amendment will allow the City to expend an additional $100,000 on clean-up services paid to Healthy Vallejo Community Support Services, Inc.
The additional work and expenditure is wholly grant funded. There is no impact on the General Fund.
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. Reso Amendment for Healthy Vallejo-CAO Stamp
2. First Amendment to Agreement - Healthy Valllejo 2026
CONTACT
Jason Ackley, Assistant to the City Manager
[email protected] (707) 648-4577
Date: August 4, 2026
Subject: ADOPT A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE SERVICES
AGREEMENT WITH HEALTHY VALLEJO COMMUNITY SUPPORT SERVICES, INC., FOR AN ADDITIONAL $100,000 AND AUTHORIZING THE CITY MANAGER
TO EXECUTE SAME
RESOLUTION NO. 26-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING A FIRST
AMENDMENT TO THE SERVICES AGREEMENT WITH HEALTHY VALLEJO COMMUNITY SUPPORT SERVICES, INC., FOR ON-CALL ILLEGAL DUMPING AND LITTER/DEBRIS
REMOVAL SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME IN THE AMOUNT OF $100,000
WHEREAS, the City has a current need for illegal dumping and litter/debris removal services as trash accumulation continues to be a significant issue; and
WHEREAS, on July 9th, 2026, the City Council approved and accepted the award of a Community Cleanup and Employment Pathways Grant in the amount of $285,000; and
WHEREAS, the City and Healthy Vallejo Community Support Services, Inc., contract through Services Agreement 25PW173; and
WHEREAS, at the June 9th, 2026 City Council meeting, the City Council voted to receive and account for a Community Cleanup & Employment Pathway (CCEP) Grant;
WHEREAS, the City is requesting additional clean-up/removal service work be performed by Healthy Vallejo Community Support Services, Inc. as part of the CCEP Grant.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Vallejo hereby approves a First Amendment to the Services Agreement with Healthy Vallejo Community Support Services, Inc. for on-call illegal dumping and litter/debris removal services to increase the compensation by an additional $100,000, thereby increasing the not to exceed amount to $350,000.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Agreement, with any modifications recommended by City Attorney, and the City Clerk to attest the signing of those contracts.
Adopted by the City Council of the City of Vallejo at a regular meeting held on July ____ 2026, with the following vote:
AYES:
NOES:
ABSENT:
____________________________________
ANDREA SORCE, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK
First Amendment to Agreement Between City of Vallejo and Healthy Vallejo Community Support Services. Inc. Page 1 of 2
FIRST AMENDMENT TO
THE SERVICES AGREEMENT
BETWEEN THE CITY OF VALLEJO
AND
HEALTHY VALLEJO COMMUNUITY SUPPORT SERVICES, INC.
This First Amendment to the Services Agreement made and entered into on July 23, 2025, hereafter referred to as “Agreement”, between Healthy Vallejo Community Support Services, Inc., a California nonprofit Corporation, therein referred to as “Service Provider”, and the City of Vallejo, a municipal corporation, therein referred to as City, is made and entered into on this 28th day of July 2026.
Consultant and City do mutually agree as follows:
1. Amendment to Compensation. Exhibit B, Section 1.A. of the Agreement is hereby amended to increase compensation by one-hundred thousand dollars ($100,000) with a new not to exceed total of three-hundred and fifty thousand dollars ($350,000).
2. Integration. This First Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. This First Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Consultant shall perform all duties, obligations and conditions required under the Agreement.
3. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this First Amendment and the Agreement, the provisions of this First Amendment shall control in all respects.
4. Ambiguities. The parties have each carefully reviewed this First Amendment and have agreed to each term of this First Amendment. No ambiguity shall be presumed to be construed against either party.
5. Counterparts. This First Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
6. Authority. The person signing this First Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Consultant.
First Amendment to Agreement Between City of Vallejo and Healthy Vallejo Community Support Services. Inc. Page 2 of 2 IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.
HEALTHY VALLEJO COMMUNITY
SUPPORT SERVICES, INC.
By:
Anthony Summers
Executive Director
DATE:
11714553
Vallejo Business License No.
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By:
Harry Black
Interim City Manager
DATE:
ATTEST:
By:
Dawn Abrahamson
City Clerk
APPROVED AS TO FORM:
Veronica A.F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
Armond Sarkis
Risk Manager
ACTION ITEM 7.A.
DATE: August 4, 2026
TO: Mayor and Members of the City Council
FROM: Dawn G. Abrahamson, MMC, City Clerk
SUBJECT: ADOPT A RESOLUTION MAKING APPOINTMENTS TO VARIOUS CITY COMMISSIONS
RECOMMENDATION
Adopt a resolution making the following appointments:
• Beautification Commission (BC) - 3 vacancies
• Economic Development Commission (EDC): 4 vacancies
• Human Relations Commission (HRC): 1 vacancy
• McCune Collection Commission (MCC): 3 vacancies
• Planning Commission (PC): 2 vacancies
REASONS FOR RECOMMENDATION
A number of vacancies currently exist across 13 City boards, commissions and committees including two tenant commissioners to the Vallejo Housing Authority. Interviews were conducted virtually by the two councilmember teams for vacancies to the BC, EDC, HRC, MCC, and PC on July 16, 23 and 27. With these interviews complete, this item is presented to the City Council for appointment.
BACKGROUND AND DISCUSSION
A number of vacancies exist either due to terms expiring June 30 or due to resignations. A press release was issued June 3 and notices were distributed via the City's social media channels and the Vallejo Weekly. Due to the number of existing vacancies and because there were more vacancies than applications received, the filing period has been extended indefinitely until all vacant positions are filled.
A sufficient number of applications were received allowing interviews to proceed for the BC, EDC, HRC, MCC, and PC.
Interview Process
Vice Mayor Matulac and Councilmember Matias conducted virtual EDC, HRC and PC applicant interviews on July 16 and 27. Councilmembers Gordon and Palmares conducted virtual BC and MCC applicant interviews on July 23. Attendance and participation in the interview process is required for appointment consideration.
The 2-member Council interview teams will make initial nominations during the appointment process, followed by nominations from the remaining councilmembers.
Copies of applications were provided to the Mayor and Council and are available to review in the City Clerk's Office.
Commission Details and Recommendations
BC - VMC 2.39
Date: August 4, 2026
Subject: ADOPT A RESOLUTION MAKING APPOINTMENTS TO VARIOUS CITY
COMMISSIONS
• 7-member body, must be a City resident
• 3 vacancies (2 terms to expire 6/30/30 and 1 term to expire 6/30/28) • 2 applications received; both applicants interviewed July 23 • Recommendation: Appoint to fill 2 of the 3 vacancies for terms through 6/30/30
EDC - VMC 2.36
• 7-member body; must be a City resident or an employee or owner of a business with a Vallejo business license.
• 4 vacancies (3 terms to expire 6/30/30 and 1 term to expire 6/30/27) • 10 applications received; 9 applicants interviewed July 16 • Recommendation: Appoint to fill 4 vacancies; 3 for terms through 6/30/30 and 1 for a term through 6/30/27
HRC - VMC 2.40
• 7-member body, must be a City resident
• 1 vacancy (term to expire 6/30/30)
• 2 applications received; interviews were conducted on July 16 and 27 • Recommendation: Appoint to fill the vacancy for a term through 6/30/30
MCC - VMC 2.51
• 7-member body, must be a City resident
• 3 vacancies (1 term to expire 6/30/30, 1 term to expire 6/30/28 and 1 term to expire 6/30/27) • 3 applications received; all applicants interviewed July 23 • Recommendation: Appoint to fill 3 vacancies; 1 for a term through 6/30/30; 1 for a term through 6/30/28 and 1 for a term through 6/30/27
PC - VMC 2.44
• 7-member body, must be a City resident
• 2 vacancies (1 term to expire 6/30/20 and 1 term to expire 6/30/28) • 6 applications received; interviews were conducted on July 16 and 27 • Recommendation: Appoint to fill 2 vacancies; 1 for a term through 6/30/30 and 1 for a term through 6/30/28
NEXT STEPS
Staff will continue to accept applications for the remaining vacancies to the following:
• Architectural Heritage & Landmarks Commission - 1 vacancy • Beautification Commission - 1 vacancy after appointments made August 4 • Civil Service Commission - 1 vacancy
Date: August 4, 2026
Subject: ADOPT A RESOLUTION MAKING APPOINTMENTS TO VARIOUS CITY
COMMISSIONS
• Design Review Board - 2 vacancies
• Housing Authority - 2 tenant commissioner vacancies
• Marina Advisory Committee - 2 berther and 2 at-large vacancies • Measure P Oversight Committee - Districts 1,2 and 6 vacancies • Participatory Budgeting Steering Committee - 2 member and 3 alternate vacancies • Sister City Commission - 3 vacancies
• Police Oversight & Accountability Commission - District 2 and 1 at-large Youth alternate member vacancies
FISCAL IMPACT
There is no fiscal impact associated with appointing members to City Commissions.
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. Resolution Making Appointments to Commissions 080426 CAO STAMP
2. List of Eligible Applicants for Appointment. August 4, 2026
CONTACT
Dawn G. Abrahamson, MMC, City Clerk (707) 648-4527
[email protected]
Approved as to form:
By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 26-___ N.C.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO MAKING
APPOINTMENTS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES
WHEREAS, the Vallejo City Council has established various boards, commissions and committees which may be advisory, policy, appellate and/or rule making; and
WHEREAS, members of these boards, committees, and commissions shall be appointed and vacancies shall be filled for the unexpired portion of the term in the same manner as the original appointment pursuant to the Vallejo Municipal Code; and
WHEREAS, section 2.26.030 of the Vallejo Municipal Code provides that the term of office of each member appointed by the City Council shall be for four years, except as otherwise provided by ordinance or resolution, and that terms of members shall be staggered so that the number of terms expiring annually shall be approximately equal; and
WHEREAS, there currently exist vacancies on boards, commissions and committees, and
WHEREAS, pursuant to section 2.02.350 of the Vallejo Municipal Code, the City Clerk has published notices of these vacancies, received applications of interest, and delivered to the City Council all applications submitted; and
WHEREAS, the City Council reviewed the applications submitted and has conducted interviews.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS:
The following appointments are hereby made to the following Commissions:
Beautification Commission (BC) – 3 vacancies (2 terms to expire 6/30/30 and 1 term to expire 6/30/28)
_______________________ – for a term to expire 6/30/30
_______________________ - for a term to expire 6/30/30
Economic Development Commission (EDC) – 4 vacancies (3 terms to expire 6/30/30 and 1 term to expire 6/30/27)
________________________ – for a term to expire 6/30/30 ________________________ - for a term to expire 6/30/30 ________________________ - for a term to expire 6/30/30
________________________ - for a term to expire 6/30/27
Human Relations Commission (HRC) – 1 vacancy (term to expire 6/30/30)
_________________________- for a term to expire 6/30/30
McCune Collection Commission (MCC)– 3 vacancies (1 term to expire 6/30/30; 1 term to expire 6/30/28; and 1 term to expire 6/30/27)
____________________________ - for a term to expire 6/30/30 ____________________________ - for a term to expire 6/30/28 ____________________________ - for a term to expire 6/30/27
Planning Commission (PC) - 2 vacancies (1 term to expire 6/30/30 and 1 term to expire 6/30/28)
____________________________ - for a term to expire 6/30/30 ____________________________ - for a term to expire 6/30/28
Adopted by the City Council of the City of Vallejo at a special meeting held on August 4, 2026, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ANDREA SORCE, MAYOR
ATTEST:
DAWN G. ABRAHAMSON, CITY CLERK
*Current Commissioner
List of Applicants Eligible for Appointment – August 4, 2026
Beautification Commission – 3 vacancies (2 terms to expire 6/30/30 and 1 to expire 6/3028)
Vanessa Torre
Clynton Dunbar
Economic Development Commission – 4 vacancies (1 term to expire 6/30/27 and 3 to expire 6/30/30)
Yessica Martinez
Tinisch Hollins
Rich McLafferty
Erik Hagstrom
Khwaja Abdullah
*Keira Williams
Mako Shoemaker
Tiffany Tatum
Daniel Levin
Human Relations Commission – 1 vacancy (term to expire 6/30/30)
Lourdes Moldre
Nancy Piotrowski
McCune Collection Commission – 3 vacancies (1 term to expire 6/30/28; 1 term to expire 6/30/27; and 1 term to expire 6/30/30)
Kelly Booth
Jeanne Lorenz
*Henry Beecher
Planning Commission – 2 vacancies (1 term to expire 6/30/28 and 1 to expire 6/30/30)
Edgar Ureta
David Ennis
Durelle Ali
Chris Platzer
Lourdes Moldre
Jared Bunde
ACTION ITEM 7.B.
DATE: August 4, 2026
TO: Mayor and Members of the City Council
FROM: Kristin Pollot, AICP, Planning and Development Services Director Hector Rojas, Long-Range Planning Manager
SUBJECT: HOLD A PUBLIC HEARING AND INTRODUCE AN ORDINANCE AMENDING CHAPTER
16.303 OF THE VALLEJO MUNICIPAL CODE RELATED TO ACCESSORY DWELLING
UNITS AND FINDING SUCH ACTION STATUTORILY EXEMPT FROM THE
REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17 AND CEQA GUIDELINES SECTION 15282(h)
RECOMMENDATION
Hold a public hearing and introduce an ordinance amending Chapter 16.303 of the Vallejo Municipal Code related to Accessory Dwelling Units and finding such action exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h).
REASONS FOR RECOMMENDATION
The proposed ordinance is recommended because it would update the Vallejo Municipal Code (VMC) to maintain consistency with current State Accessory Dwelling Unit (ADU) law, as codified in Government Code Sections 66310 through 66342. The proposed ordinance is also recommended because it would implement Housing Element Program A 3.1.1, which directs the City to periodically review and update its ADU regulations to ensure consistency with State law.
BACKGROUND AND DISCUSSION
An ADU is a secondary residential unit located on the same lot as the primary dwelling that includes independent living facilities, such as a kitchen and bathroom. An ADU may be constructed as a detached unit, an addition to an existing home, or created through the conversion of existing space, such as garages or portions of a primary residence. A related unit type, known as a junior accessory dwelling unit (JADU), is a smaller unit that is located entirely within a single-family home, limited to 500 square feet, and may share sanitation facilities with the primary residence. For purposes of this report, references to “ADUs” may include both accessory dwelling units and junior accessory dwelling units, unless otherwise specified.
In recent years, the State of California has enacted numerous legislative changes intended to promote the development of ADUs as a strategy to increase housing supply and improve housing affordability. These legislative changes significantly expanded the circumstances under which local agencies must approve ADUs ministerially while limiting the development standards that jurisdictions may impose.
The current State ADU statutes are codified in Government Code Sections 66310 through 66342. These provisions require cities and counties to allow ADUs ministerially in residential zones, establish maximum review timelines for ADU applications, and limit certain development standards that could otherwise act as barriers to ADU construction.
On December 30, 2024, the City Council adopted the 2023–2031 Housing Element Update. The Housing
Date: August 4, 2026
Subject: HOLD A PUBLIC HEARING AND INTRODUCE AN ORDINANCE AMENDING CHAPTER
16.303 OF THE VALLEJO MUNICIPAL CODE RELATED TO ACCESSORY
DWELLING UNITS AND FINDING SUCH ACTION STATUTORILY EXEMPT FROM
THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17 AND CEQA GUIDELINES SECTION 15282(h)
Element includes programs to remove governmental constraints to housing development, including Program A
3.1.1, which directs the City to periodically review and update its ADU regulations to ensure consistency with State ADU law. The City’s current ADU ordinance was adopted in 2021 and has not been updated.
Project Description
The proposed ordinance would repeal and replace VMC Chapter 16.303, Accessory Dwelling Units. The revised chapter would establish updated standards and procedures for converted, attached, and detached ADUs:
• Updated definitions for ADUs, JADUs, and related terms; • Clarified ministerial approval procedures and application requirements; • A 60-day timeline for approval or denial of complete ADU applications; • Development standards for converted, attached, and detached ADUs; • Standards applicable to ADUs on single-family and multi-family residential lots; • Updated parking requirements and exemptions consistent with State law; • Objective design standards for certain newly constructed ADUs; • Clarified requirements for utility connections, impact fees, and street addresses; and • Clarified provisions governing ADUs subject to Government Code Section 66323.
The proposed ordinance reorganizes and clarifies the City’s ADU regulations to improve usability for both City staff and applicants while ensuring consistency with current State law. It also includes a limited provision that provides additional flexibility beyond minimum State requirements. Specifically, the ordinance exempts ADUs of 500 square feet or less from parking requirements, reducing development costs and barriers for smaller units. Otherwise, the ordinance is intended to maintain consistency with State ADU law.
ADU Development Trends in Vallejo
Data from the California Department of Housing and Community Development (HCD) indicates that approximately 186 ADUs were permitted in Vallejo between 2018 and 2024, reflecting sustained ADU activity in the city over recent years. Additional insight is provided by the Metropolitan Transportation Commission (MTC) ADU survey program. In Calendar Year 2025, the City issued planning approvals for 19 ADUs and received 17 completed surveys from applicants. Survey results indicate that most ADUs in Vallejo are newly constructed detached units, with a smaller number consisting of garage conversions. The median unit size was approximately 525 square feet, with most units configured as studios or one-bedroom units, although some two-bedroom units and one three-bedroom unit were also reported.
ADUs are being used for a mix of purposes, including housing for family members and rental units. Estimated rents generally ranged between $1,000 and $2,000 per month, while several respondents indicated that the units would not be rented and would instead be occupied by family members. The most commonly identified challenge among respondents was understanding permitting requirements, highlighting the importance of clear, objective development standards and accessible guidance materials. This feedback underscores the need for a clear and well-organized regulatory framework that is easy for both applicants and staff to navigate.
In response, the City published an ADU Mini-Guide in July 2025 to provide an overview of applicable regulations, development standards, and permitting requirements, helping property owners better navigate the
Date: August 4, 2026
Subject: HOLD A PUBLIC HEARING AND INTRODUCE AN ORDINANCE AMENDING CHAPTER
16.303 OF THE VALLEJO MUNICIPAL CODE RELATED TO ACCESSORY
DWELLING UNITS AND FINDING SUCH ACTION STATUTORILY EXEMPT FROM
THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17 AND CEQA GUIDELINES SECTION 15282(h)
ADU development process. The guide is available on the Planning and Development Services Department website and will be updated following adoption of the proposed ordinance.
Procedural History and Revisions Following May 26, 2026 On April 20, 2026, the Planning Commission conducted a duly noticed public hearing on the proposed ordinance and voted 5-0, with one absence, to adopt Resolution No. PC26-07 recommending City Council adoption.
Following the Planning Commission’s recommendation, the ordinance was scheduled for City Council consideration on May 26, 2026. Prior to the hearing, the City received comments regarding the proposed ordinance, including a letter from the California Housing Defense Fund (CalHDF) asserting that several provisions were inconsistent with Government Code Section 66323 and other provisions of State law. The City also received correspondence from the Vallejo Flood and Wastewater District (VFWD) regarding utility connection provisions and conducted additional legal and technical review. As a result, the item was removed from the City Council agenda to allow staff additional time to evaluate the comments and determine whether revisions to the ordinance were warranted.
Following that review, staff prepared revisions intended to clarify consistency with State ADU law and address stakeholder comments. The revisions primarily address the application of historic resource standards, parking requirements, front setback requirements, detached ADU size limitations, utility connection requirements, and appeal procedures for certain ADU applications. The appeal procedures were revised to provide that an applicant may appeal a determination that an application is incomplete or denied to the Director, rather than the Planning Commission, consistent with State ADU law and the ministerial nature of ADU review. The utility connection revisions also clarify that utility providers may require separate utility connections only where authorized by State law and applicable utility requirements. For example, VFWD has indicated that it does not require or allow a separate sewer utility connection directly to the District’s cleanout or lower lateral. Staff also revised the application review procedures to clarify that, following the Building Division’s determination that an ADU application is complete, the application must be transmitted to the Planning Division for review of compliance with the requirements of the proposed ordinance to ensure review of applicable objective standards before permit approval.
On May 26, 2026, staff received follow-up email correspondence from VFWD, who confirmed that the revised utility connection language resolved the concerns previously identified with respect to VFWD's regulations.
On June 4, 2026, staff met with CalHDF to review the proposed revisions. During that meeting, CalHDF indicated that the revisions adequately addressed the concerns raised in its comment letter.
Because these revisions included changes to substantive provisions previously considered by the Planning Commission, the revised ordinance went back to the Planning Commission for review before proceeding to the City Council.
On July 6, 2026, the Planning Commission conducted a duly noticed public hearing to consider the revised ordinance and recommended that the City Council adopt the ordinance. The Planning Commission voted 5-0, with one absence, to adopt Resolution No. PC26-12 recommending City Council adoption of the revised ordinance.
Date: August 4, 2026
Subject: HOLD A PUBLIC HEARING AND INTRODUCE AN ORDINANCE AMENDING CHAPTER
16.303 OF THE VALLEJO MUNICIPAL CODE RELATED TO ACCESSORY
DWELLING UNITS AND FINDING SUCH ACTION STATUTORILY EXEMPT FROM
THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17 AND CEQA GUIDELINES SECTION 15282(h)
State Review
Pursuant to Government Code Section 66326, the City must submit the adopted ADU ordinance to HCD within 60 days of adoption. Following submission, HCD may review the ordinance and provide written findings regarding whether the ordinance complies with State ADU law. If HCD identifies provisions that do not comply with State law, the City would have an opportunity to amend the ordinance to address those findings or re- adopt the ordinance with findings explaining why the City believes the ordinance complies. If revisions are required, staff would return to the Planning Commission and City Council with proposed amendments.
Code Compliance
To approve the proposed ordinance, the City Council must make the following findings pursuant to VMC Section 16.611.03(A):
1. The ordinance amendment is consistent in principle with the General Plan and any applicable specific plan; and
2. The ordinance amendment is consistent with the purpose of the Zoning Code to promote the growth of the city in an orderly manner and to promote and protect the public health, safety, and general welfare.
Staff Analysis
The proposed ordinance is consistent with the General Plan because it implements Housing Element Program A 3.1.1 by updating the Zoning Code to remain consistent with current State ADU law. The ordinance removes potential conflicts with State requirements, and the revisions made following the Planning Commission's April 20, 2026 recommendation further clarify how certain local standards apply to ADUs authorized under Government Code Section 66323.
ADUs are residential uses that are consistent with the underlying General Plan land use designations and zoning districts pursuant to Government Code Section 66314. Updating the City’s ADU ordinance ensures that the municipal code remains consistent with State law while continuing to allow ADUs as an accessory residential use within residential neighborhoods.
The proposed ordinance also supports the purposes of the Zoning Code by establishing clear, objective standards governing the development of ADUs. These standards provide predictable development regulations while facilitating the construction of additional housing units within existing residential areas. In doing so, the amendment supports the City’s broader housing goals by encouraging infill development, expanding housing opportunities for residents, and promoting efficient use of existing residential land. Because State law prescribes many ADU development standards, the City's discretion to impose additional local regulations is limited.
Notice and Public Comments
In accordance with VMC Section 16.602.08(A), notice of the August 4, 2026, City Council public hearing was published in the Times-Herald and electronically distributed on July 14, 2026. No new comments have been received on the project since the last Planning Commission public hearing held on July 6, 2026.
FISCAL IMPACT
Date: August 4, 2026
Subject: HOLD A PUBLIC HEARING AND INTRODUCE AN ORDINANCE AMENDING CHAPTER
16.303 OF THE VALLEJO MUNICIPAL CODE RELATED TO ACCESSORY
DWELLING UNITS AND FINDING SUCH ACTION STATUTORILY EXEMPT FROM
THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17 AND CEQA GUIDELINES SECTION 15282(h)
There is no immediate fiscal impact associated with introduction of the ordinance. The proposed amendments primarily update and reorganize existing zoning regulations and procedures governing ADUs and JADUs. Any staff time associated with implementation would be absorbed within existing departmental operations.
ENVIRONMENTAL REVIEW
The proposed ordinance is statutorily exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21080.17 and section 15282(h) of the CEQA Guidelines. These provisions exempt the adoption of an ordinance by a city or county to implement the provisions of State law governing accessory dwelling units (ADUs). The proposed ordinance amends the Zoning Code solely to maintain consistency with applicable State ADU law and does not authorize development beyond that already permitted under State law.
ATTACHMENTS
1. Ordinance Amending Chapter 16.303_ADUs_CAO Stamp
2. Planning Commission Resolution 26-12
3. CalHDF Support Letter, dated July 6, 2026
CONTACT
Kristin Pollot, AICP, Planning & Development Services Director, (707) 648-4326 [email protected]
Hector Rojas, Long-Range Planning Manager, (707) 553-7283 [email protected]
CITY COUNCIL OF THE CITY OF VALLEJO
ORDINANCE NO. ______ N.C.(2d)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VALLEJO AMENDING CHAPTER 16.303 OF THE VALLEJO MUNICIPAL CODE RELATED TO
ACCESSORY DWELLING UNITS
* * * * * * * * * * * * * * * * * * * * * * * * *
WHEREAS, Vallejo Municipal Code (“VMC”) Chapter 16.303 addresses accessory dwelling units (“ADU” or “ADUs”); and
WHEREAS, the State of California amended state law regarding ADUs and JADUs, effective January 1, 2026, including Assembly Bill No. 1154 and Senate Bill No. 9 and Senate Bill No. 543; and
WHEREAS, the ADU ordinance of the VMC is recommended to be amended to be consistent with State Law; and
WHEREAS, in accordance with VMC Chapter 16.611, any proposed amendments to the Zoning Code must first be reviewed and recommended by the Planning Commission at a duly noticed public hearing prior to being considered by the City Council; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing regarding the proposed ADU ordinance on April 20, 2026, at which time all interested persons were given an opportunity to be heard; and
WHEREAS, following the April 20, 2026 public hearing, the Planning Commission adopted Resolution No. PC26-07 recommending that the City Council adopt the proposed ADU ordinance; and
WHEREAS, following the Planning Commission's recommendation, the proposed ordinance was scheduled for City Council consideration on May 26, 2026; and WHEREAS, prior to City Council consideration, the City received additional comments regarding the proposed ordinance, including a comment letter from the California Housing Defense Fund (CalHDF) and email correspondence from the Vallejo Flood and Wastewater District (VFWD) regarding the ordinance's utility connection provisions; and WHEREAS, following review of those comments, staff prepared revisions intended to clarify the ordinance's consistency with State ADU law and address stakeholder comments and referred the ordinance back to the Planning Commission for subsequent review; and
WHEREAS, on July 6, 2026, after giving all public notices required by State law and the VMC, the Planning Commission conducted a duly noticed public hearing and voted 5-0, with one absence, to adopt Resolution No. PC26-12 recommending the City Council amend Chapter
16.303 of the VMC relating to Accessory Dwelling Units and find such action exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h); and
WHEREAS, on July 14, 2026, notices describing the City Council’s public hearing on the proposed ordinance were mailed to all persons requesting notice pursuant to VMC Section
16.602.08, emailed to the members of the City Council, and published in a 1/8th page advertisement in the Times-Herald, a newspaper of local circulation; and
WHEREAS, on August 4, 2026, the City Council, after giving all public notices required by State law and the VMC, conducted a duly noticed public hearing to consider and review public testimony on the proposed ordinance.
NOW, THEREFORE THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals.
The foregoing recitals are true and correct, and the same are incorporated herein by reference.
SECTION 2. Record.
The Record of Proceedings ("Record") upon which the City Council bases its decision includes but is not limited to: (1) the staff reports, City files and records, and other documents prepared for the proposed ordinance; (2) the evidence, facts, findings and other determinations set forth herein; (3) the Vallejo General Plan 2040 and its FEIR; (4) the Addendum to the General Plan 2040 FEIR adopted for the 2023-2031 Housing Element; (5) the VMC and its related environmental documents; (6) all documentary and oral evidence received at public meetings, hearings, or submitted to the City relating to the proposed ordinance; and (7) all other matters of common knowledge to the City Council including, but not limited to, City, state, and federal laws, policies, rules, regulations, reports, records, and projections related to development within the City of Vallejo and its surrounding areas.
The location and custodian of the records is the City Clerk’s Office of the City of Vallejo, 555 Santa Clara Street, Vallejo, California 94590.
Section 3. CEQA Findings
Based on the Record as described above, and all matters deemed material and relevant prior to adopting this Ordinance, the City Council hereby finds and determines that the proposed Ordinance is statutorily exempt from environmental review pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), which specifically exempt the adoption of an ordinance to comply with the provisions of Government Code Sections 66310 to 66342. Accordingly, no further environmental review is required, and this determination reflects the City Council’s independent judgment and analysis.
SECTION 4. Findings
The City Council hereby makes the following findings as required by VMC Sections 16.611.03.A.1 and A.2 (Required Findings, Zoning Code Text Amendments):
A.1. The ordinance amendment is consistent in principle with the general plan and any applicable specific plan;
Facts in support: The proposed amendments are intended to modify the City’s existing zoning regulations applicable to ADUs and JADUs to comply with recently adopted State ADU law and to streamline the City’s current ADU review process. The amendments implement Housing Element Program A 3.1.1, which requires the City to update its Zoning Code to incorporate the most up to date version of State ADU law, as well as Program H 4.1.2, which promotes the construction of affordable ADUs. Based on the direction and goals of these Housing Element Programs, the proposed amendments are consistent with the General Plan. The proposed amendments are also consistent with the City’s specific plans because each specific plan permits ADU development consistent with State ADU law.
A.2. The zoning text amendments are consistent with the purpose of the Zoning Code to promote the growth of the city in an orderly manner and to promote and protect the public health, safety, and general welfare.
Facts in support: The proposed amendments are intended to comply with State law directing local jurisdictions to reduce barriers to the production of ADUs in an effort to address demand for housing in California. Consistent with this statewide goal, the construction and occupancy of these types of housing units would promote the public health, safety, and general welfare of Vallejo by facilitating appropriate infill housing and expanding housing supply while maintaining orderly development consistent with the Zoning Code.
SECTION 5. Repeal of VMC Chapter 16.303
Chapter 16.303 of the VMC is hereby repealed in its entirety.
SECTION 6.
There is hereby added a new Chapter 16.303 to the VMC which is adopted to read as follows:
Chapter 16.303
ACCESSORY DWELLING UNITS
16.303.01 Purpose and applicability.
16.303.02 Definitions.
16.303.03 Permit required.
16.303.04 Submittals.
16.303.05 Fees.
16.303.06 Application review, denial, and remedies.
16.303.07 Density and consistency.
16.303.08 General ADU Standards.
16.303.09 Local objective design standards.
16.303.10 Conversion ADU standards.
16.303.11 Attached ADU standards.
16.303.12 Detached ADU standards.
16.303.13 JADU Standards.
16.303.14 Permitted combinations of ADUs and JADUs.
16.303.15 State law preemption.
16.303.01 – Purpose and applicability.
The purpose of this chapter is to implement Government Code Sections 66310 through 66339.5 by establishing objective standards and a ministerial review process for the development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs).
16.303.02 – Definitions.
“Accessory dwelling unit (ADU).” An attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with an existing or proposed single-family or multifamily dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation (including a tub or shower, sink, and toilet) on the same parcel as the single-family or multifamily dwelling is or will be situated.
An ADU includes an efficiency unit, as defined in Health and Safety Code Section 17958.1, and a manufactured home, as defined in Health and Safety Code Section 18007.
“Accessory dwelling unit (ADU), attached.” An ADU created through new construction that is physically attached to and shares at least one wall with an existing or proposed single-family dwelling.
"Accessory dwelling unit (ADU), conversion." On a lot with an existing single-family dwelling, an ADU created from space within that dwelling or within an existing accessory structure. On a lot with an existing multifamily dwelling, an ADU created from nonhabitable space within an existing multifamily structure, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages.
"Accessory dwelling unit (ADU), detached." An ADU created through new construction that is structurally independent from and does not share a wall with any existing or proposed single- family or multifamily dwelling on the lot.
“Efficiency kitchen.” A kitchen that includes a cooking appliance, a food preparation counter, and storage cabinets of reasonable size in relation to the overall size of the junior accessory dwelling unit. An efficiency kitchen may include a gas or electric range or oven but is not required to do so.
“Junior accessory dwelling unit (JADU).” A residential dwelling unit that is no more than 500 square feet in size; is contained entirely within an existing or proposed single-family dwelling; includes a separate exterior entrance; includes at least an efficiency kitchen; and may include separate sanitation facilities or share sanitation facilities with the existing residence. A JADU shall not be considered a separate or new dwelling unit for the purposes of the California Fire Code.
“Multi-family residential lot.” For the purposes of this chapter, a multi-family residential lot is a lot developed with two or more attached dwelling units within the same structure or structures. A lot with multiple detached single-unit dwellings shall not be considered a multi-family residential lot.
16.303.03 – Permit required.
A. Building permit. A building permit shall be required prior to the construction, establishment, alteration, enlargement, or modification of any ADU or JADU.
B. Ministerial approval. A building permit application for an ADU or JADU that complies with the provisions of this chapter shall be approved ministerially, without a public hearing or discretionary decision.
C. Building code compliance. ADUs and JADUs shall be subject to the building code requirements applicable to detached dwellings. However, the construction of an ADU or JADU shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the chief building official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety.
16.303.04 – Submittals.
A building permit application for an ADU or JADU shall be submitted in writing on forms provided by the Building Division and shall include all information specified in the application submittal checklist established by the Division.
16.303.05 – Fees.
A. Review fees. A building permit application for an ADU or JADU shall be accompanied by the application review fees set forth in the City’s Master Fee Schedule.
B. Impact fees. Newly constructed ADUs with a total floor area of 750 square feet or greater shall be subject to impact fees. Any such impact fees shall be charged proportionately in relation to the square footage of the ADU to the square footage of the primary dwelling.
C. Utility connections and fees.
1. Utility connections. An ADU may be required to install a new or separate utility connection directly from the utility to the ADU, except when the ADU is created entirely from existing space within a dwelling unit. In such cases, a new or separate connection shall not be required.
2. Connection fee exemptions. A conversion ADU or JADU shall not be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer services, unless it is constructed concurrently with a new single-family dwelling.
3. Fee proportionality. Any connection fee or capacity charge imposed on a conversion ADU or JADU shall be proportionate to the burden of the unit on the water or sewer system, based on either its square footage or the number of plumbing fixtures, as compared to the primary dwelling.
16.303.06 – Application review, denial, and remedies.
A. Completeness determination. Within 15 business days of receipt of an application for an ADU or JADU, the Building Division shall determine whether the application is complete and shall provide written notice of that determination to the applicant. If the application is determined to be incomplete, the written notice shall include a list of incomplete items and a description of how the application may be made complete. The Building Division shall not require additional items on resubmittal that were not included in the original notice of incompleteness. Upon determining that an application is complete, the Building Division shall transmit the application to the Planning Division for review of compliance with the requirements of this Chapter.
B. Approval or denial. The Building Division shall approve or deny a complete application for an ADU or JADU within 60 days of receipt of the complete application. If the permit application for an ADU or JADU is submitted concurrently with a permit application to create a new single-family or multifamily dwelling on the lot, the Building Division may delay approving or denying the ADU or JADU application until the application for the new dwelling is approved or denied. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. An application for an ADU or JADU shall be considered and approved ministerially, without discretionary review or a public
hearing. If the Building Division fails to approve or deny a complete application within the applicable time period, the application shall be deemed approved.
C. Denial. If an application is denied, the Building Division shall, within 60 days of receipt of a complete application, return to the applicant in writing a full set of comments with a list of items that are defective or deficient, and a description of how the application may be remedied.
D. Appeal. An applicant may appeal in writing to the Director a determination that an application is incomplete or denied. The Director shall provide a final written determination within 60 business days of receipt of the written appeal. The decision of the Director shall be final and shall not be further appealable.
E. Certificate of occupancy. A certificate of occupancy for an ADU shall not be issued before a certificate of occupancy is issued for the primary dwelling.
16.303.07 – Density and consistency.
An ADU or JADU that complies with the requirements of this chapter shall not count toward the allowable density for the lot on which it is located. It shall be considered a residential use consistent with the existing General Plan land use designation and zoning for the lot.
16.303.08 – General ADU standards.
The following general standards shall apply to ADUs and JADUs:
A. Non-conforming conditions. The correction of non-conforming zoning conditions, building code violations, or unpermitted structures that do not pose a threat to public health or safety and are not affected by the construction of an ADU or JADU shall not be required as a condition of ministerial approval of a building permit application for an ADU or JADU.
B. Demolition permit timing. A demolition permit for a detached garage that is proposed to be replaced with a detached or attached ADU shall be reviewed concurrently with the ADU application and issued at the same time as the building permit for the ADU. If the property is designated as a landmark or located within a historic district, written notice or the posting of a placard on the property shall be required.
C. Historic resources. ADUs and JADUs proposed on properties located within a historic district, designated as a landmark, or listed in the California Register of Historical Resources or the National Register of Historic Places shall comply with applicable objective standards adopted to protect the historic character of the property or district.
These standards may include requirements related to massing, materials, location, and architectural features. This subsection shall not apply to any ADU or JADU that is authorized by Government Code Section 66323.
D. Solar energy system. A newly constructed, detached ADU shall be equipped with a solar photovoltaic system in compliance with the applicable provisions of the California Energy Code, unless exempt under the California Electrical Code. The system may be installed on the detached ADU or on the primary dwelling, in accordance with the standards established by the California Energy Commission and the California Electrical Code.
E. Fire sprinklers. Fire sprinklers shall not be required in an ADU or JADU unless they are required for the existing primary dwelling at the time of the ADU or JADU’s construction. The construction of an ADU or JADU shall not trigger a requirement to install fire sprinklers in the primary dwelling. If the primary dwelling does not have fire sprinklers, the construction of an ADU or JADU shall not impose a sprinkler requirement on the primary dwelling, even if the added floor area would otherwise trigger such a requirement.
F. Addressing. Each ADU or JADU shall be assigned a separate address or unit designation, consistent with the City’s addressing policy and emergency response requirements.
Addressing shall ensure that:
1. The ADU or JADU can be individually identified by emergency responders;
2. The address is compatible with utility service and billing systems; and
3. Mail and package delivery to the ADU or JADU is not impeded.
The Public Works Department shall assign or approve all addresses during the building permit process, in coordination with applicable departments and service providers.
G. Urban lot splits. On any lot created through an urban lot split approved pursuant to Government Code Section 66411.7, no more than two total dwelling units shall be permitted, including any combination of primary dwellings, ADUs, or JADUs.
H. Parking. The following parking requirements shall apply to ADUs and JADUs:
1. Minimum number. One off-street parking space shall be provided for each ADU, except as provided below. No off-street parking shall be required for any ADU or JADU that is authorized by Government Code Section 66323.
2. Configuration and location. Required parking for ADUs may be provided as tandem parking on an existing driveway.
3. Exemptions. No off-street parking shall be required for an ADU if any of the following apply:
i. The ADU has a floor area of 500 square feet or less.
ii. The ADU is located within ½ mile walking distance of public transit, as defined in Government Code Section 66313.
iii. The ADU is located within an architecturally or historically significant historic district.
iv. The ADU is located entirely within the proposed or existing primary dwelling or accessory structure.
v. On-street parking permits are required but not offered to the occupant of the ADU.
vi. A car share vehicle, as defined in Vehicle Code Section 22507.1, is located within one block of the ADU.
I. Replacement Parking. When a garage, carport, covered parking structure, or uncovered off-parking space is demolished or converted in conjunction with the construction of an ADU or JADU, replacement parking shall not be required.
J. Owner occupancy. Owner-occupancy shall not be required for ADUs. If a JADU has shared sanitation facilities with the primary structure, owner-occupancy shall be required.
If the JADU does not have shared sanitation facilities, owner-occupancy shall not be required.
K. Rentals. An ADU or JADU may be rented only for a term longer than 30 consecutive days.
L. Sale and separate conveyance. An ADU or JADU shall not be sold or conveyed separately from the primary dwelling. The separate sale, transfer, or conveyance of an ADU or JADU is prohibited, except as expressly allowed under Government Code Section 66341, which provides an exception for properties developed and sold by qualified nonprofit housing organizations to low-income homebuyers under specific conditions.
16.303.09 – Local objective design standards.
The following local objective design standards shall apply only to newly constructed attached and detached ADUs that exceed 800 square feet in floor area. These standards shall not apply to any ADU that is subject to Government Code Section 66323, including conversion ADUs created entirely within the existing space of a primary dwelling or accessory structure.
A. Materials and colors. The exterior materials and colors of the ADU, including walls, roof, eaves, windows, and doors, shall match the type, color range, and finish of the primary dwelling’s exterior materials and colors.
B. Roof slope, form, and eaves. The roof slope and form of the ADU shall match the slope of the largest portion of the primary dwelling’s roof, or shall be flat if the primary dwelling has a flat roof. Roof eaves shall match the size and style of the eaves on the primary dwelling, unless the primary dwelling does not include eaves or overhangs.
C. Access path. A clear and unobstructed path measuring at least 3 feet wide shall be provided between the entrance of the ADU and the public right-of-way, driveway, or alley.
D. Mechanical equipment screening. HVAC equipment, water heaters, and other exterior mechanical units shall be screened from public view using fencing, landscaping, or placement behind the ADU.
E. External staircases. External staircases serving a second-story ADU shall be located at least 5 feet from any side or rear property line unless replacing a legally established staircase in the same location.
F. Structure separation. A detached ADU shall maintain a minimum separation of 5 feet from the primary dwelling and any other structures on the lot, unless a greater separation is required by the Building or Fire Code.
16.303.10 – Conversion ADU standards.
The following standards shall apply to conversion ADUs:
A. Location. A conversion ADU shall be located entirely within existing space of a legally established structure, as follows:
1. For single-family residential lots, a conversion ADU may be created only from the proposed or existing space of the primary dwelling, or from the existing space of an accessory structure.
2. For multi-family residential lots, a conversion ADU may be created only from non-livable space of multi-family dwelling structures, such as storage rooms, boiler rooms, passageways, attics, basements, or garages.
B. Quantity.
1. For single-family residential lots, only one conversion ADU may be permitted per lot with an existing or proposed single-family dwelling.
2. For multi-family residential lots, multiple conversion ADUs may be permitted within the non-livable space of existing multi-family dwelling structures, if each unit complies with state building standards for dwellings. The total number of permitted conversion ADUs shall not exceed 25 percent of the number of existing multi-family dwelling units, or at least one, whichever is greater.
C. Size. There shall be no minimum or maximum floor area requirement for a conversion ADU.
D. Ingress and egress expansion. A conversion ADU created from existing space within an accessory structure may include an expansion of up to 150 square feet beyond the existing physical dimensions of the structure, solely for the purpose of accommodating ingress and egress.
E. Setbacks. No setbacks shall be required for a conversion ADU.
F. Height. The height of a conversion ADU shall be limited to the existing height of the structure or portion of the structure being converted.
G. Exterior access. Access shall be provided to the conversion ADU independent from the primary dwelling.
16.303.11 – Attached ADU standards.
The following standards shall apply to attached ADUs:
A. Location. An attached ADU shall be physically connected to the primary dwelling and may be created by constructing new space that shares at least one common wall with the proposed or existing single-family dwelling.
B. Quantity. Only one attached ADU may be permitted on a lot with a proposed or existing single-family dwelling.
C. Size.
1. Minimum floor area. The minimum floor area of an attached ADU shall not be less than 190 square feet.
2. Maximum floor area. The maximum floor area of an attached ADU shall be the lesser of:
i. Fifty percent of the floor area of the existing or proposed primary dwelling, or
ii. At least 850 square feet for a studio or one-bedroom unit, or 1,000 square feet for a unit with two or more bedrooms.
D. Setbacks.
1. Side and rear setbacks. An attached ADU shall comply with a minimum setback of no more than 4 feet from the side and rear lot lines.
2. Front yard setbacks. Attached ADUs shall comply with the front yard setback requirements of the underlying zoning district. This subsection shall not apply to any ADU that is authorized by Government Code Section 66323.
3. Setback exceptions for existing structures. No setback shall be required for an attached ADU that is created within the existing livable space of the primary dwelling, or that is constructed in the same location and to the same dimensions as a legally established existing structure.
E. Height. An attached ADU may be constructed up to 25 feet in height, or the maximum height permitted for the primary dwelling in the applicable zoning district, whichever is lower.
F. Exterior access. Access shall be provided to the attached ADU independent from the primary dwelling. An interior connection between an attached ADU and the primary dwelling is permitted, provided the ADU maintains a separate exterior entrance.
16.303.12 – Detached ADU standards.
The following standards shall apply to detached ADUs:
A. Location. A detached ADU may be constructed on the same lot as an existing or proposed single-family or multi-family dwelling. Detached ADUs shall be physically separate from the primary dwelling and any attached ADU or JADU.
B. Quantity.
1. For single-family residential lots. Only one detached ADU may be permitted on a lot with a proposed or existing single-family dwelling.
2. For multi-family residential lots. On lots with existing multi-family dwellings, up to eight detached ADUs may be permitted, provided the number of detached ADUs does not exceed the number of existing dwelling units on the lot. On lots with proposed multi-family dwellings, not more than two detached ADUs may be permitted. The detached ADUs may be attached to one another, provided they are detached from the existing or proposed multi-family structure and meet all applicable development standards.
C. Size.
1. Minimum floor area. The minimum floor area of a detached ADU shall not be less than 190 square feet.
2. Maximum floor area. The maximum floor area of a detached ADU shall be 1,200 square feet. This subsection shall not apply to any ADU that is authorized by Government Code Section 66323(a)(4).
D. Setbacks.
1. Side and rear setbacks. A detached ADU shall be subject to a minimum setback of four feet from the side and rear lot lines.
2. Front yard setbacks. Detached ADUs shall comply with the front yard setback requirements of the underlying zoning district. This subsection shall not apply to any ADU that is authorized by Government Code Section 66323.
3. Distance between structures. Detached ADUs shall comply with applicable building and fire code requirements for separation between structures.
4. Setback exceptions for existing structures. No setback shall be required for a detached ADU that is created within an existing accessory structure, or that is constructed in the same location and to the same dimensions as a legally established existing structure.
E. Height.
1. Base height limit. A detached ADU may be constructed up to 16 feet in height on a lot with an existing or proposed single-family or multi-family dwelling.
2. Increased height near transit. A detached ADU may be constructed up to 18 feet in height, plus an additional 2 feet to accommodate a roof pitch that matches the roof pitch of the primary dwelling, if the lot meets both of the following criteria:
i. It contains an existing or proposed single-family or multi-family dwelling; and
ii. It is located within ½ mile of either a major transit stop or a high-quality transit corridor, as defined in Public Resources Code Sections 21064.3 and 21155.
3. Multistory multi-family lots. A detached ADU may be constructed up to 18 feet in height on a lot with an existing or proposed multi-family, multistory dwelling, regardless of proximity to transit.
F. Other standards. The site development standards in chapters 16.501 through 16.509, including but not limited to lot coverage, floor area ratio, open space, and landscaping, shall not be applied in a manner that would preclude the development of at least one detached ADU of at least 800 square feet in floor area that maintains four-foot side and rear setbacks.
16.303.13 – JADU standards.
The following standards shall apply to JADUs:
A. Location. A JADU shall be located entirely within the walls of the proposed or existing single-family dwelling. Attached garages shall be considered a part of the proposed or existing single-family residence.
B. Quantity. Only one JADU may be permitted per lot with a proposed or existing single- family dwelling.
C. Size.
1. Minimum floor area. The minimum floor area of a JADU shall not be less than 190 square feet.
2. Maximum floor area. The floor area of a JADU shall not exceed 500 square feet.
D. Setbacks. No setback shall be required for a JADU, as it must be located entirely within the existing or proposed single-family dwelling.
E. Height. Height limits shall not apply to JADUs created entirely within the existing or proposed structure of the primary dwelling. However, any exterior modifications to accommodate a JADU shall comply with the applicable height standards of the primary dwelling, as set forth in this title.
F. Exterior access. Access shall be provided to the JADU independent from the primary dwelling.
G. Interior connection. An interior connection between the JADU and the primary dwelling shall not be required, unless the JADU does not include a separate bathroom, in which case the JADU shall provide an interior entrance to the main living area of the primary dwelling for shared sanitation access.
H. Efficiency kitchen. A JADU shall include an efficiency kitchen.
I. Deed restriction. Prior to the issuance of a certificate of occupancy for a JADU, the applicant shall provide the Building Division with proof of recordation of a deed restriction with Solano County Assessor/Recorder Department that:
1. Prohibits the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction shall be enforced against future purchasers; and
2. Restricts the size and attributes of the JADU as approved by the building permit.
16.303.14 – Permitted combinations of ADUs and JADUs.
This section summarizes the combinations of ADUs and JADUs permitted on single-family and multi-family lots, based on the standards in this chapter:
A. Single-family residential lots. On a lot with a proposed or existing single-family dwelling:
1. One JADU; plus
2. One attached or conversion ADU; plus
3. One detached ADU.
4. A conversion ADU created pursuant to Subsection A.2 shall not be prohibited due to the presence of either an attached or detached ADU on the same lot.
5. Notwithstanding Subsection A.4, the total number of ADUs and JADUs permitted on a single-family lot shall not exceed three units.
B. Multi-family residential lots. On a lot with existing or proposed multi-family dwellings:
1. Multiple conversion ADUs, up to 25 percent of the number of existing units (or at least one); and
2. Up to two detached ADUs on lots with newly constructed or proposed multi- family dwellings, where the ADUs are developed concurrently with the multi- family structure; or
3. Up to eight detached ADUs on lots with existing multi-family dwellings, provided the total number of detached ADUs does not exceed the number of existing units on the lot.
16.303.15 – State law preemption.
To the extent that any provision of this chapter conflicts with Government Code Sections 66310 through 66339.5, or any other applicable provision of state law governing ADUs and JADUs, the state law shall control. The provisions of this chapter shall otherwise remain in full force and effect to the extent they are not in conflict with state law.
SECTION 6. Effective Date.
This Ordinance shall take effect and be in full force and effect from and after thirty (30) days after its final passage.
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I HEREBY CERTIFY that the foregoing ordinance was first read at a regular meeting of the City of Vallejo City Council on the 4th day of August 2026 and was passed and adopted at a regular meeting of the Vallejo City Council on the _____ day of __________, 2026 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________________
ANDREA SORCE, MAYOR
ATTEST:
_______________________________________
DAWN G. ABRAHAMSON, CITY CLERK
1 C
ITY OF VALLEJO PLANNING COMMISSION
P
C26-12
A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL AMEND CHAPTER 16.303 OF THE VALLEJO MUNICIPAL CODE RELATED TO
ACCESSORY DWELLING UNITS AND FINDING SUCH ACTION EXEMPT FROM THE
REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES SECTION 21080.17 AND CEQA GUIDELINES SECTION 15282(h)
* * * * *
* * * * * * * * * * * * * * * * * * * *
WHEREAS, Vallejo Municipal Code (“VMC”) Chapter 16.303 addresses accessory dwelling units (“ADU” or “ADUs”); and
WHEREAS, the State of California amended state law regarding ADUs and JADUs, effective January 1, 2026, including Assembly Bill No. 1154 and Senate Bill No. 9 and Senate Bill No. 543; and
WHEREAS, the ADU ordinance of the VMC is recommended to be amended to be consistent with State Law; and
WHEREAS, in accordance with the Vallejo Municipal Code Chapter 16.611, any proposed amendments to the Zoning Code must first be reviewed and recommended by the Planning Commission at a duly noticed public hearing prior to being considered by the City Council; and WHEREAS, on April 20, 2026, the Planning Commission conducted a duly noticed public hearing regarding the proposed ADU ordinance, at which time all interested persons were given an opportunity to be heard; and
WHEREAS, following the April 20, 2026 public hearing, the Planning Commission adopted Resolution No. PC 26-07 recommending that the City Council adopt the proposed ADU ordinance; and
WHEREAS, following the Planning Commission's recommendation, the proposed ordinance was scheduled for City Council consideration on May 26, 2026; and WHEREAS, prior to City Council consideration, the City received additional comments regarding the proposed ordinance, including a comment letter from the California Housing Defense Fund and email correspondence from the Vallejo Flood and Wastewater District; and WHEREAS, following review of those comments, staff prepared revisions intended to clarify the ordinance's consistency with State ADU law and to address stakeholder comments; and WHEREAS, notices describing the Planning Commission's public hearing on the revised ADU ordinance and its accompanying CEQA determination were mailed to all persons requesting notice pursuant to Section 16.602.08 of the Vallejo Municipal Code, emailed to the members of the Planning Commission, and published in a 1/8th page advertisement in the Times-Herald, a newspaper of general circulation, on June 13, 2026; and Attachment 2
2 WHEREAS, after giving all public notices required by State law and the VMC, the Planning Commission conducted a duly noticed public hearing on July 6, 2026 to consider and receive public testimony on the proposed revised ordinance.
NOW, THEREFORE, LET IT BE RESOLVED that the Planning Commission hereby finds, determines, and resolves as follows:
Section 1. Recitals.
The foregoing recitals are true and correct, and the same are incorporated herein by reference.
Section 2. Record.
The Record of Proceedings ("Record") upon which the Planning Commission bases its recommendation includes but is not limited to: (1) the staff reports, City files and records, and other documents prepared for the proposed ADU ordinance; (2) the evidence, facts, findings and other determinations set forth in this resolution; (3) the Vallejo General Plan 2040 and its FEIR; (4) the Addendum to the General Plan 2040 FEIR adopted for the 2023-2031 Housing Element; (5) the VMC and its related environmental documents; (6) all documentary and oral evidence received at public meetings, hearings, or submitted to the City relating to the proposed ADU ordinance; and (7) all other matters of common knowledge to the Planning Commission including, but not limited to, City, state, and federal laws, policies, rules, regulations, reports, records, and projections related to development within the City of Vallejo and its surrounding areas.
The location and custodian of the records is the Planning and Development Services Department of the City of Vallejo, 555 Santa Clara Street, Vallejo, California 94590.
Section 3. California Environmental Quality Act Findings.
Based on the Record as described above, and all matters deemed material and relevant prior to adopting this Resolution, the Planning Commission hereby finds and determines that the proposed ADU ordinance is statutorily exempt from environmental review pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), which specifically exempt the adoption of an ordinance to comply with the provisions of Government Code Sections 66310 to 66342. Accordingly, no further environmental review is required, and this determination reflects the Planning Commission’s independent judgment and analysis.
Section 4. Findings.
In accordance with Vallejo Municipal Code Section 16.611.03.A.1 and A.2 (Required Findings, Zoning Code Text Amendments), the Planning Commission hereby makes the following findings regarding the ADU ordinance amendment, as detailed in Exhibit A attached hereto and incorporated herein by reference.
A.1 The ordinance amendment is consistent in principle with the general plan and any applicable specific plan;
Facts in support: The proposed ADU ordinance amendment is consistent with the General Plan because it directly implements two Housing Element programs: Program A 3.1.1, which requires the City to update its Zoning Code to incorporate the most current State ADU law,
3 and Program H 4.1.2, which promotes the construction of affordable ADUs. By aligning the City's ADU regulations with current State law, the amendment advances these programs' express goals of expanding housing opportunity and supply in Vallejo. The proposed ordinance also advances the broader housing goals of the General Plan by reducing barriers to infill housing production, consistent with the City's Regional Housing Needs Allocation (RHNA) obligations and the Housing Element's identified programs for accommodating housing need across all income levels. No conflict with any other General Plan element or policy has been identified.
The proposed ordinance is consistent with the City's specific plans. Each of the City's specific plans that applies to residential land uses permits ADU development within its boundaries and does not contain standards or restrictions that would conflict with the proposed ordinance. Where specific plans are silent on ADUs, the proposed ordinance fills that gap consistent with State ADU law, which prevails over any conflicting local provision.
No specific plan has been identified that would prohibit or materially restrict ADU development in a manner inconsistent with this ordinance or applicable State law.
A.2. The zoning text amendments are consistent with the purpose of the Zoning Code to promote the growth of the city in an orderly manner and to promote and protect the public health, safety, and general welfare.
Facts in support: The proposed ADU ordinance is consistent with the purpose of the Zoning Code to promote the orderly growth of the City and to promote and protect the public health, safety, and general welfare. The amendment promotes orderly growth by channeling new residential development into existing neighborhoods through infill construction on already- developed lots, making efficient use of existing streets, utilities, and public services without requiring the extension of new infrastructure. The amendment promotes and protects the public health by expanding access to housing, which is a recognized social determinant of health, and by ensuring that all ADUs and JADUs meet applicable building, fire, and safety codes as a condition of permit issuance. The amendment promotes the public safety by establishing clear, objective development standards — including setbacks, height limits, and building compliance requirements — that ensure new ADUs are constructed safely and compatibly with surrounding uses. The amendment promotes the general welfare by expanding the City's housing supply, improving housing affordability, supporting the City's RHNA compliance, and enabling more Vallejo residents to live closer to employment, services, and community resources.
Section 5. Decision.
BE IT FURTHER RESOLVED that, based on the findings set forth herein and the record as a whole, the Planning Commission hereby recommends that the City Council amend the Vallejo Municipal Code by amending Chapter 16.303 relating to Accessory Dwelling Units, as set forth in Exhibit A, attached hereto, and incorporated by reference.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Vallejo, State of California, on the 6th day of July 2026 by the following vote, to-wit:
4 AYES: Taylor, Douglass, Beasley-Stansberry, Madeiros, White NOES: None
ABSENT: Blind
ABSTAIN: None
_______________________________________________________
ANTHONY TAYLOR, CHAIRPERSON
City of Vallejo Planning Commission
Attest:
_______________________________
KRISTIN POLLOT, AICP – SECRETARY
City of Vallejo Planning Commission
Exhibits:
A. Proposed Ordinance Amending Chapter 16.303 of the Vallejo Municipal Code Relating to Accessory Dwelling Units
Redline Ordinance Showing Revisions Made Following the
April 20, 2026 Planning Commission Recommendation
CITY COUNCIL OF T
HE CITY OF VALLEJO
ORDINANCE NO. ______ N.C.(2d)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VALLEJO AMENDING CHAPTER 16.303 OF THE VALLEJO MUNICIPAL CODE RELATED TO
ACCESSORY DWELLING UNITS
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WHEREAS
, Vallejo Municipal Code (“VMC”) Chapter 16.303 addresses accessory dwelling units (“ADU” or “ADUs”); and
WHEREAS, the State of California amended state law regarding ADUs and JADUs, effective January 1, 2026, including Assembly Bill No. 1154 and Senate Bill No. 9 and Senate Bill No. 543; and
WHEREAS, the ADU ordinance of the VMC is recommended to be amended to be consistent with State Law; and
WHEREAS, in accordance with VMC Chapter 16.611, any proposed amendments to the Zoning Code must first be reviewed and recommended by the Planning Commission at a duly noticed public hearing prior to being considered by the City Council; and WHEREAS, the Planning Commission conducted a duly noticed public hearing regarding the proposed ADU ordinance on April 20, 2026, at which time all interested persons were given an opportunity to be heard; and
WHEREAS, following the April 20, 2026 public hearing, the Planning Commission adopted Resolution No. PC26-07 recommending that the City Council adopt the proposed ADU ordinance; and
WHEREAS, following the Planning Commission's recommendation, the proposed ordinance was scheduled for City Council consideration on May 26, 2026; and WHEREAS, prior to City Council consideration, the City received additional comments regarding the proposed ordinance, including a comment letter from the California Housing Defense Fund (CalHDF) and email correspondence from the Vallejo Flood and Wastewater District (VFWD) regarding the ordinance's utility connection provisions; and WHEREAS, following review of those comments, staff prepared revisions intended to clarify the ordinance's consistency with State ADU law and address stakeholder comments; and
WHEREAS, because those revisions affect substantive provisions previously considered by the Planning Commission, Government Code Section 65857 required the revised ordinance to be referred back to the Planning Commission for reconsideration prior to City Council action; and WHEREAS, on July 6, 2026, after giving all public notices required by State law and the VMC, the Planning Commission conducted a duly noticed public hearing on the proposed amendments and voted 5-0, with one absence, to adopt Resolution No. PC26-12 recommending the City Council amend the VMC by repealing and replacing Chapter 16.303 (Accessory Dwelling Units) and find such actions exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h); and
WHEREAS, on _________, notices describing the City Council’s public hearing on the proposed ordinance were mailed to all persons requesting notice pursuant to VMC Section
16.602.08, emailed to the members of the City Council, and published in a 1/8th page advertisement in the Times-Herald, a newspaper of local circulation; and WHEREAS, on __________, the City Council, after giving all public notices required by State law and the VMC, conducted a duly noticed public hearing to consider and review public testimony on the proposed ordinance.
NOW, THEREFORE THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals.
The foregoing recitals are true and correct, and the same are incorporated herein by reference.
SECTION 2. Record.
The Record of Proceed
ings ("Record") upon which the City Council bases its decision includes but is not limited to: (1) the staff reports, City files and records, and other documents prepared for the proposed ordinance; (2) the evidence, facts, findings and other determinations set forth herein; (3) the Vallejo General Plan 2040 and its FEIR; (4) the Addendum to the General Plan 2040 FEIR adopted for the 2023-2031 Housing Element; (5) the VMC and its related environmental documents; (6) all documentary and oral evidence received at public meetings, hearings, or submitted to the City relating to the proposed ordinance; and (7) all other matters of common knowledge to the City Council including, but not limited to, City, state, and federal laws, policies, rules, regulations, reports, records, and projections related to development within the City of Vallejo and its surrounding areas.
The location and custodian of the records is the City Clerk’s Office of the City of Vallejo, 555 Santa Clara Street, Vallejo, California 94590.
Section 3. CEQA Findings
Based on the Record as described ab
ove, and all matters deemed material and relevant prior to adopting this Ordinance, the City Council hereby finds and determines that the proposed
amendments are statutorily exempt from environmental review pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), which specifically exempt the adoption of an ordinance to comply with the provisions of Government Code Sections 66310 to 66342. Accordingly, no further environmental review is required, and this determination reflects the City Council’s independent judgment and analysis.
SECTION 4. Findings
The City Council hereby makes the following findings as required by VMC Sections 16.611.03.A.1 and A.2 (Required Findings, Zoning Code Text Amendments):
A.1. The ordinance amendment is consistent in principle with the general plan and any applicable specific plan;
Facts in support: The proposed amendments are intended to modify the City’s existing zoning regulations applicable to ADUs and JADUs to comply with recently adopted State ADU law and to streamline the City’s current ADU review process. The amendments implement Housing Element Program A 3.1.1, which requires the City to update its Zoning Code to incorporate the most up to date version of State ADU law, as well as Program H 4.1.2, which promotes the construction of affordable ADUs. Based on the direction and goals of these Housing Element Programs, the proposed amendments are consistent with the General Plan. The proposed amendments are also consistent with the City’s specific plans because each specific plan permits ADU development consistent with State ADU law.
A.2. The zoning text amendments are consistent with the purpose of the Zoning Code to promote the growth of the city in an orderly manner and to promote and protect the public health, safety, and general welfare.
Facts in support: The proposed amendments are intended to comply with State law directing local jurisdictions to reduce barriers to the production of ADUs in an effort to address demand for housing in California. Consistent with this statewide goal, the construction and occupancy of these types of housing units would promote the public health, safety, and general welfare of Vallejo by facilitating appropriate infill housing and expanding housing supply while maintaining orderly development consistent with the Zoning Code.
SECTION 5. Repeal of VMC Chapter 16.303
Chapter 16.303 of the V
MC is hereby repealed in its entirety.
SECTION 6.
There is hereby added a new Chapter 16.303 to the VMC which is adopted to read as follows:
Chapter 16.303
ACCESSORY DWELLING UNITS
16.303.01 Purpose and applicability.
16.303.02 Definitions.
16.303.03 Permit required.
16.303.04 Submittals.
16.303.05 Fees.
16.303.06 Application review, denial, and remedies.
16.303.07 Density and consistency.
16.303.08 General ADU Standards.
16.303.09 Local objective design standards.
16.303.10 Conversion ADU standards.
16.303.11 Attached ADU standards.
16.303.12 Detached ADU standards.
16.303.13 JADU Standards.
16.303.14 Permitted combinations of ADUs and JADUs.
16.303.15 State law preemption.
16.303.01 – Purpose and applicability.
The purpose of this chapter is to implement Government Code Sections 66310 through 66339.5 by establishing objective standards and a ministerial review process for the development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs).
16.303.02 – Definitions.
“Accessory dwelling unit (ADU).” An attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with an existing or proposed single-family or multifamily dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation (including a tub or shower, sink, and toilet) on the same parcel as the single-family or multifamily dwelling is or will be situated.
An ADU includes an efficiency unit, as defined in Health and Safety Code Section 17958.1, and a manufactured home, as defined in Health and Safety Code Section 18007. “Accessory dwelling unit (ADU), attached.” An ADU created through new construction that is physically attached to and shares at least one wall with an existing or proposed single-family dwelling.
"Accessory dwelling unit (ADU), conversion." On a lot with an existing single-family dwelling, an ADU created from space within that dwelling or within an existing accessory structure. On a lot with an existing multifamily dwelling, an ADU created from nonhabitable space within an existing multifamily structure, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages.
"Accessory dwelling unit (ADU), detached." An ADU created through new construction that is structurally independent from and does not share a wall with any existing or proposed single- family or multifamily dwelling on the lot.
“Efficiency kitchen.” A kitchen that includes a cooking appliance, a food preparation counter, and storage cabinets of reasonable size in relation to the overall size of the junior accessory dwelling unit. An efficiency kitchen may include a gas or electric range or oven but is not required to do so.
“Junior accessory dwelling unit (JADU).” A residential dwelling unit that is no more than 500 square feet in size; is contained entirely within an existing or proposed single-family dwelling; includes a separate exterior entrance; includes at least an efficiency kitchen; and may include separate sanitation facilities or share sanitation facilities with the existing residence. A JADU shall not be considered a separate or new dwelling unit for the purposes of the California Fire Code.
“Multi-family residential lot.” For the purposes of this chapter, a multi-family residential lot is a lot developed with two or more attached dwelling units within the same structure or structures. A lot with multiple detached single-unit dwellings shall not be considered a multi-family residential lot.
16.303.03 – Permit required.
A. Building permit. A building permit shall be required prior to the construction, establishment, alteration, enlargement, or modification of any ADU or JADU.
B. Ministerial approval. A building permit application for an ADU or JADU that complies with the provisions of this chapter shall be approved ministerially, without a public hearing or discretionary decision.
C. Building code compliance. ADUs and JADUs shall be subject to the building code requirements applicable to detached dwellings. However, the construction of an ADU or JADU shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the chief building official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety.
16.303.04 – Submittals.
A building permit application for an ADU or JADU shall be submitted in writing on forms provided by the Building Division and shall include all information specified in the application submittal checklist established by the Division.
16.303.05 – Fees.
A. Review fees. A building permit application for an ADU or JADU shall be accompanied by the application review fees set forth in the City’s Master Fee Schedule.
B. Impact fees. Newly constructed ADUs with a total floor area of 750 square feet or greater shall be subject to impact fees. Any such impact fees shall be charged proportionately in relation to the square footage of the ADU to the square footage of the primary dwelling.
C. Utility connections and fees.
1. Utility connections. An ADU mayshall be required to install a new or separate utility connection directly from the utility to the ADU, except when the ADU is created entirely from existing space within a dwelling unit. In such cases, a new or separate connection shall not be required. , unless the ADU is constructed concurrently with a new single-family or multi-family dwelling.
2. Connection fee exemptions. A conversion ADU or JADU shall not be considered a new reside
ntial use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer services, unless it is constructed concurrently with a new single-family dwelling.
3. Fee proportionality. Any connection fee or capacity charge imposed on a conversion ADU or JADU shall be proportionate to the burden of the unit on the water or sewer system, based on either its square footage or the number of plumbing fixtures, as compared to the primary dwelling.
16.303.06 – Application review, denial, and remedies.
A. Completeness determination. Within 15 business days of receipt of an application for an ADU or JADU, the Building Division shall determine whether the application is complete and shall provide written notice of that determination to the applicant. If the application is determined to be incomplete, the written notice shall include a list of incomplete items and a description of how the application may be made complete. The Building Division shall not require additional items on resubmittal that were not included in the original notice of incompleteness. Upon determining that an application is complete, the Building Division shall transmit the application to the Planning Division for review of compliance with the requirements of this Chapter.
B. Approval or denial. The Building Division shall approve or de ny a complete application
for an ADU or JADU within 60 days of receipt of the complete application. If the permit application for an ADU or JADU is submitted concurrently with a permit application to create a new single-family or multifamily dwelling on the lot, the Building Division may delay approving or denying the ADU or JADU application until the application for the new dwelling is approved or denied. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. An application for an ADU or JADU shall be considered and approved ministerially, without discretionary review or a public
hearing. If the Building Division fails to approve or deny a complete application within the applicable time period, the application shall be deemed approved.
C. Denial. If an application is denied, the Building Division shall, within 60 days of receipt of a complete application, return to the applicant in writing a full set of comments with a list
of items that are defective or deficient and a description of how the application may be remedied.
D. Appeal. An applicant
may appeal in writing to the DirectorPlanning Commission a determination that an application is incomplete or denied. The DirectorPlanning Commission shall provide a final written determination within 60 business days of receipt
of the written appeal. The decision of the DirectorPlanning Commission shall be final and shall not be further appealable.
E. Certificate of occupancy. A certificate
of occupancy for an ADU shall not be issued
before a certificate of occupancy is issued for the primary dwelling.
16.303.07 – Density and consistency.
An ADU or JADU that complies with the requirements of this chapter shall not count toward the allowable density for the lot on which it is located. It shall be considered a residential use consistent with the existing General Plan land use designation and zoning for the lot.
16.303.08 – General ADU standards.
The following general standards shall apply to ADUs and JADUs:
A. Non-conforming conditions. The correction of non-conforming zoning conditions, building code violations, or unpermitted structures that do not pose a threat to public health or safety and are not affected by the construction of an ADU or JADU shall not be required as a condition of ministerial approval of a building permit application for an ADU or JADU.
B. Demolition permit timing. A demolition permit for a detached garage that is proposed to be replaced with a detached or attached ADU shall be reviewed concurrently with the ADU application and issued at the same time as the building permit for the ADU. If the property is designated as a landmark or located within a historic district, written notice or the posting of a placard on the property shall be required.
C. Historic resources. ADUs and JADUs proposed on properties located within a historic district, designated as a landmark, or listed in the California Register of Historical Resources or the National Register of Historic Places shall comply with applicable objective standards adopted to protect the historic character of the property or district.
These standards may include requirements related to massing, materials, location, and architectural features, provided they do not preclude the creation of an ADU or JADU of at least 800 square feet. This subsection shall not apply to any ADU or JADU that is authorized by Government Code Section 66323. This provision does not exempt an ADU
or JADU from review under CEQA if it would result in a significant impact to a historic resource, as defined in CEQA Guidelines Section 15064.5.
D. Solar energy system. A newly constructed, detached ADU shall be equipped with a solar photovoltaic system in compliance with the applicable provisions of the California Energy Code, unless exempt under the California Electrical Code. The system may be installed on the detached ADU or on the primary dwelling, in accordance with the standards established by the California Energy Commission and the California Electrical Code.
E. Fire sprinklers. Fire sprinklers shall not be required in an ADU or JADU unless they are required for the existing primary dwelling at the time of the ADU or JADU’s construction. The construction of an ADU or JADU shall not trigger a requirement to install fire sprinklers in the primary dwelling. If the primary dwelling does not have fire sprinklers, the construction of an ADU or JADU shall not impose a sprinkler requirement on the primary dwelling, even if the added floor area would otherwise trigger such a requirement.
F. Addressing. Each ADU or JADU shall be assigned a separate address or unit designation, consistent with the City’s addressing policy and emergency response requirements.
Addressing shall ensure that:
1. The ADU or JADU can be individually identified by emergency responders;
2. The address is compatible with utility service and billing systems; and
3. Mail and package delivery to the ADU or JADU is not impeded.
The Public Works Department shall assign or approve all addresses during the building permit process, in coordination with applicable departments and service providers.
G. Urban lot splits. On any lot created through an urban lot split approved pursuant to Government Code Section 66411.7, no more than two total dwelling units shall be permitted, including any combination of primary dwellings, ADUs, or JADUs.
H. Parking. The following parking requirements shall apply to ADUs and JADUs:
1. Minimum number. One off-street parking space shall be provided for each ADU, except as provided below. No off-street parking shall be required for any ADU or JADU that is authorized by Government Code Section 66323.
2. Configuration and location. Required parking for ADUs may be provided as tandem parking on an existing driveway.
3. Exemptions. No off-street parking shall be required for an ADU if any of the following apply:
i. The ADU has a floor area of 500 square feet or less.
ii. The ADU is located within ½ mile walking distance of public transit, as defined in Government Code Section 66313.
iii. The ADU is located within an architecturally or historically significant historic district.
iv. The ADU is located entirely within the proposed or existing primary dwelling or accessory structure.
v. On-street parking permits are required but not offered to the occupant of the ADU.
vi. A car share vehicle, as defined in Vehicle Code Section 22507.1, is located within one block of the ADU.
I. Replacement Parking. When a garage, carport, covered parking structure, or uncovered off-parking space is demolished or converted in conjunction with the construction of an ADU or JADU, replacement parking shall not be required.
J. Owner occupancy. Owner-occupancy shall not be required for ADUs. If a JADU has shared sanitation facilities with the primary structure, owner-occupancy shall be required.
If the JADU does not have shared sanitation facilities, owner-occupancy shall not be required.
K. Rentals. An ADU or JADU may be rented only for a term longer than 30 consecutive days.
L. Sale and separate conveyance. An ADU or JADU shall not be sold or conveyed separately from the primary dwelling. The separate sale, transfer, or conveyance of an ADU or JADU is prohibited, except as expressly allowed under Government Code Section 66341, which provides an exception for properties developed and sold by qualified nonprofit housing organizations to low-income homebuyers under specific conditions.
16.303.09 – Local objective design standards.
The following local objective design standards shall apply only to newly constructed attached and detached ADUs that exceed 800 square feet in floor area. These standards shall not apply to any ADU that is subject to Government Code Section 66323, including conversion ADUs created entirely within the existing space of a primary dwelling or accessory structure.
A. Materials and colors. The exterior materials and colors of the ADU, including walls, roof, eaves, windows, and doors, shall match the type, color range, and finish of the primary dwelling’s exterior materials and colors.
B. Roof slope, form, and eaves. The roof slope and form of the ADU shall match the slope of the largest portion of the primary dwelling’s roof, or shall be flat if the primary dwelling has a flat roof. Roof eaves shall match the size and style of the eaves on the primary dwelling, unless the primary dwelling does not include eaves or overhangs.
C. Access path. A clear and unobstructed path measuring at least 3 feet wide shall be provided between the entrance of the ADU and the public right-of-way, driveway, or alley.
D. Mechanical equipment screening. HVAC equipment, water heaters, and other exterior mechanical units shall be screened from public view using fencing, landscaping, or placement behind the ADU.
E. External staircases. External staircases serving a second-story ADU shall be located at least 5 feet from any side or rear property line unless replacing a legally established staircase in the same location.
F. Structure separation. A detached ADU shall maintain a minimum separation of 5 feet from the primary dwelling and any other structures on the lot, unless a greater separation is required by the Building or Fire Code.
16.303.10 – Conversion ADU standards.
The following standards shall apply to conversion ADUs:
A. Location. A conversion ADU shall be located entirely within existing space of a legally established structure, as follows:
1. For single-family residential lots, a conversion ADU may be created only from the proposed or existing space of the primary dwelling, or from the existing space of an accessory structure.
2. For multi-family residential lots, a conversion ADU may be created only from non-livable space of multi-family dwelling structures, such as storage rooms, boiler rooms, passageways, attics, basements, or garages.
B. Quantity.
1. For single-family residential lots, only one conversion ADU may be permitted per lot with an existing or proposed single-family dwelling.
2. For multi-family residential lots, multiple conversion ADUs may be permitted within the non-livable space of existing multi-family dwelling structures, if each unit complies with state building standards for dwellings. The total number of permitted conversion ADUs shall not exceed 25 percent of the number of existing multi-family dwelling units, or at least one, whichever is greater.
C. Size. There shall be no minimum or maximum floor area requirement for a conversion ADU.
D. Ingress and egress expansion. A conversion ADU created from existing space within an accessory structure may include an expansion of up to 150 square feet beyond the existing physical dimensions of the structure, solely for the purpose of accommodating ingress and egress.
E. Setbacks. No setbacks shall be required for a conversion ADU.
F. Height. The height of a conversion ADU shall be limited to the existing height of the structure or portion of the structure being converted.
G. Exterior access. Access shall be provided to the conversion ADU independent from the primary dwelling.
16.303.11 – Attached ADU standards.
The following standards shall apply to attached ADUs:
A. Location. An attached ADU shall be physically connected to the primary dwelling and may be created by constructing new space that shares at least one common wall with the proposed or existing single-family dwelling.
B. Quantity. Only one attached ADU may be permitted on a lot with a proposed or existing single-family dwelling.
C. Size.
1. Minimum floor area. The minimum floor area of an attached ADU shall not be less than 190 square feet.
2. Maximum floor area. The maximum floor area of an attached ADU shall be the lesser of:
i. Fifty percent of the floor area of the existing or proposed primary dwelling, or
ii. At least 850 square feet for a studio or one-bedroom unit, or 1,000 square feet for a unit with two or more bedrooms.
D. Setbacks.
1. Side and rear setbacks. An attached ADU shall comply with a minimum setback of no more than 4 feet from the side and rear lot lines.
2. Front yard setbacks. Attached ADUs shall comply with the front yard setback requirements of the underlying zoning district, except where such requirements would preclude the development of an ADU of at least 800 square feet. In such cases, the ADU may encroach into the front setback to the extent necessary to allow construction of an ADU of at least 800 square feet. This subsection shall not apply to any ADU that is authorized by Government Code Section 66323.
3. Setback exceptions for existing structures. No setback shall be required for an attached ADU that is created within the existing livable space of the primary dwelling, or that is constructed in the same location and to the same dimensions as a legally established existing structure.
E. Height. An attached ADU may be constructed up to 25 feet in height, or the maximum height permitted for the primary dwelling in the applicable zoning district, whichever is lower.
F. Exterior access. Access shall be provided to the attached ADU independent from the primary dwelling. An interior connection between an attached ADU and the primary dwelling is permitted, provided the ADU maintains a separate exterior entrance.
16.303.12 – Detached ADU standards.
The following standards shall apply to detached ADUs:
A. Location. A detached ADU may be constructed on the same lot as an existing or proposed single-family or multi-family dwelling. Detached ADUs shall be physically separate from the primary dwelling and any attached ADU or JADU.
B. Quantity.
1. For single-family residential lots. Only one detached ADU may be permitted on a lot with a proposed or existing single-family dwelling.
2. For multi-family residential lots. On lots with existing multi-family dwellings, up to eight detached ADUs may be permitted, provided the number of detached ADUs does not exceed the number of existing dwelling units on the lot. On lots with proposed multi-family dwellings, not more than two detached ADUs may be permitted. The detached ADUs may be attached to one another, provided they are detached from the existing or proposed multi-family structure and meet all applicable development standards.
C. Size.
1. Minimum floor area. The minimum floor area of a detached ADU shall not be less than 190 square feet.
2. Maximum floor area. The maximum floor area of a detached ADU shall be 1,200 square feet. This subsection shall not apply to any ADU that is authorized by Government Code Section 66323(a)(4).
D. Setbacks.
1. Side and rear setbacks. A detached ADU shall be subject to a minimum setback of four feet from the side and rear lot lines.
2. Front yard setbacks. Detached ADUs shall comply with the front yard setback requirements of the underlying zoning district, except where such requirements would preclude the development of an ADU of at least 800 square feet. In such cases, the ADU may encroach into the front setback to the extent necessary to allow construction of an ADU of at least 800 square feet. This subsection shall not apply to any ADU that is authorized by Government Code Section 66323.
3. Distance between structures. Detached ADUs shall comply with applicable building and fire code requirements for separation between structures.
4. Setback exceptions for existing structures. No setback shall be required for a detached ADU that is created within an existing accessory structure, or that is constructed in the same location and to the same dimensions as a legally established existing structure.
E. Height.
1. Base height limit. A detached ADU may be constructed up to 16 feet in height on a lot with an existing or proposed single-family or multi-family dwelling.
2. Increased height near transit. A detached ADU may be constructed up to 18 feet in height, plus an additional 2 feet to accommodate a roof pitch that matches the roof pitch of the primary dwelling, if the lot meets both of the following criteria:
i. It contains an existing or proposed single-family or multi-family dwelling; and
ii. It is located within ½ mile of either a major transit stop or a high-quality transit corridor, as defined in Public Resources Code Sections 21064.3 and 21155.
3. Multistory multi-family lots. A detached ADU may be constructed up to 18 feet in height on a lot with an existing or proposed multi-family, multistory dwelling, regardless of proximity to transit.
F. Other standards. The site development standards in chapters 16.501 through 16.509, including but not limited to lot coverage, floor area ratio, open space, and landscaping, shall not be applied in a manner that would preclude the development of at least one detached ADU of at least 800 square feet in floor area that maintains four-foot side and rear setbacks.
16.303.13 – JADU standards.
The following standards shall apply to JADUs:
A. Location. A JADU shall be located entirely within the walls of the proposed or existing single-family dwelling. Attached garages shall be considered a part of the proposed or existing single-family residence.
B. Quantity. Only one JADU may be permitted per lot with a proposed or existing single- family dwelling.
C. Size.
1. Minimum floor area. The minimum floor area of a JADU shall not be less than 190 square feet.
2. Maximum floor area. The floor area of a JADU shall not exceed 500 square feet.
D. Setbacks. No setback shall be required for a JADU, as it must be located entirely within the existing or proposed single-family dwelling.
E. Height. Height limits shall not apply to JADUs created entirely within the existing or proposed structure of the primary dwelling. However, any exterior modifications to accommodate a JADU shall comply with the applicable height standards of the primary dwelling, as set forth in this title.
F. Exterior access. Access shall be provided to the JADU independent from the primary dwelling.
G. Interior connection. An interior connection between the JADU and the primary dwelling shall not be required, unless the JADU does not include a separate bathroom, in which case the JADU shall provide an interior entrance to the main living area of the primary dwelling for shared sanitation access.
H. Efficiency kitchen. A JADU shall include an efficiency kitchen.
I. Deed restriction. Prior to the issuance of a certificate of occupancy for a JADU, the applicant shall provide the Building Division with proof of recordation of a deed restriction with Solano County Assessor/Recorder Department that:
1. Prohibits the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction shall be enforced against future purchasers; and
2. Restricts the size and attributes of the JADU as approved by the building permit.
16.303.14 – Permitted combinations of ADUs and JADUs.
This section summarizes the combinations of ADUs and JADUs permitted on single-family and multi-family lots, based on the standards in this chapter:
A. Single-family residential lots. On a lot with a proposed or existing single-family dwelling:
1. One JADU; plus
2. One attached or conversion ADU; plus
3. One detached ADU.
4. A conversion ADU created pursuant to Subsection A.2 shall not be prohibited due to the presence of either an attached or detached ADU on the same lot.
5. Notwithstanding Subsection A.4, the total number of ADUs and JADUs permitted on a single-family lot shall not exceed three units.
B. Multi-family residential lots. On a lot with existing or proposed multi-family dwellings:
1. Multiple conversion ADUs, up to 25 percent of the number of existing units (or at least one); and
2. Up to two detached ADUs on lots with newly constructed or proposed multi- family dwellings, where the ADUs are developed concurrently with the multi- family structure; or
3. Up to eight detached ADUs on lots with existing multi-family dwellings, provided the total number of detached ADUs does not exceed the number of existing units on the lot.
16.303.15 – State law preemption.
To the extent that any provision of this chapter conflicts with Government Code Sections 66310 through 66339.5, or any other applicable provision of state law governing ADUs and JADUs, the
state law shall control. The provisions of this chapter shall otherwise remain in full force and effect to the extent they are not in conflict with state law.
SECTION 6. Effective Date.
This Ordinance shall take effect and be in full force and effect from and after thirty (30) days after its final passage.
* * * * * * * * * * * * * * * * * * * * * * * * *
I HEREBY CERTIFY that the foregoing ordinance was first read at a regular meeting of the City of Vallejo City Council on the ____ day of ___ _ 2026 and was passed and adopted at a regular meeting of the Vallejo City Council on the _____ day of __________, 2026 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________________
ANDREA SORCE, MAYOR
ATTEST:
_______________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Jul 6, 2026
City of Vallejo
555 Santa Clara Street
Vallejo, CA 94590
By email: [email protected]
Cc: [email protected]; [email protected]; [email protected]; [email protected] Re: Proposed Amendments to the City’s ADU Regulations
Dear Vallejo Planning Commission,
The California Housing Defense Fund (CalHDF) submits this letter as a public comment regarding item 7B for the Planning Commission meeting of July 6, 2026, an update to the City’s code provisions for the construction of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs).
We applaud the City for amending its ADU ordinance to keep pace with changes in state law.
With this proposed ADU ordinance amendment, the City has addressed all the legal issues that we presented in our previous correspondence. The proposed ordinance will ease the development of ADUs, which are a vital source of naturally affordable housing and also enable intergenerational living. We would like to thank the City for engaging with our organization through this process.
We urge the City to adopt the ordinance as proposed.
⧫ ⧫ ⧫
CalHDF is a 501(c)(3) non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households. You may learn more about CalHDF at www.calhdf.org. 2201 Broadway, PH1, Oakland, CA 94612
www.calhdf.org
Attachment 3
Sincerely, Dylan Casey CalHDF Executive Director James M. Lloyd CalHDF Director of Planning and Investigations , 2 of 2
ACTION ITEM 7.C.
DATE: August 4, 2026
TO: Mayor and Members of the City Council
FROM: Gillian Haen, Assistant City Manager, Nalungo Conley, Assistant City Manager and Erin Hanford, Economic Development Program Manager
SUBJECT: ADOPT A RESOLUTION APPROVING THE ACCEPTANCE OF A QUITCLAIM DEED FOR THE NAVY’S PRODUCTION MANUFACTURING AREA MARE ISLAND PARCEL,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
RECOMMENDATION
Adopt a resolution approving the acceptance of Quitclaim Deed for the Navy's Mare Island Production Manufacturing Area Housing Parcel and authorize the City Manager to execute this deed and all other documents required to transfer the ownership of said parcel.
REASONS FOR RECOMMENDATION
The City’s acceptance of the conveyance of the Mare Island Production Manufacturing Area Housing Parcel will allow the City to take control and management of the 13.7-acre site on Mare Island as intended, and that will in turn ensure the City remains in compliance with terms of the Economic Development Conveyance MOA agreement with the Navy, and the Acquisition and Development Agreement with Mare Island Company.
BACKGROUND AND DISCUSSION
City Conveyance Agreement with the Navy
In February 1999, the City executed the Economic Development Conveyance Memorandum of Agreement (EDC MOA) with the Navy for the Property on the former Mare Island Naval Shipyard. The EDC MOA divided the Island into twenty-one (21) major parcels and specified the process and requirements by which the Navy would transfer fee simple title to the City. Per this EDC MOA, the transfer of the parcels would occur after completion and certification of the environmental remediation verifying that the cleanup of the property is consistent with the Mare Island final Reuse Plan which was later replaced by the Mare Island Specific Plan (MISP).
The EDC MOA is available on the City website here:
https://www.cityofvallejo.net/our_city/about_vallejo/mare_island/main_mare_island_agreements Following the completion of the environmental cleanup of the PMA Housing site and obtaining approval from the regulatory agencies via the Finding of Suitability Transfer (FOST), in August 2024 the Navy notified the City they were ready to transfer the PMA Housing parcel. To prepare for this conveyance staff engaged condition, environmental and financial feasibility assessments of the property to better understand the liability and financial needs of the parcel.
On February 19, 2026, the Navy sent the City a Notice of Default and Demand to Cure under the EDC MOA demanding that the City accept the PMA housing conveyance by September 30, 2026 or the Navy intends to pursue termination of the EDC MOA under Article 23 with respect to the PMA Housing Area parcel.
Navy Deed
Date: August 4, 2026
Subject: ADOPT A RESOLUTION APPROVING THE ACCEPTANCE OF A QUITCLAIM DEED FOR THE NAVY’S PRODUCTION MANUFACTURING AREA MARE ISLAND
PARCEL, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
In order to facilitate the conveyance of the PMA Housing parcel, staff has negotiated the attached draft deed that allows for a fee simple title transfer of the parcel. Although the document is substantially complete, some clarifying and non-substantial changes may be required and City staff seeks the Council's prior approval on said changes, as well as authorizing to take all actions necessary to carry out the transfer. Staff will return the deed to Council for approval of any substantial changes.
PMA Housing Area
The PMA Housing parcel is a 13.7-acre site consisting of six historic and several secondary structures, including free standing garages and a boiler house. Quarters A-45 (Gunner’s House) is one of the oldest surviving residences on Mare Island. The site is located on the cliffs above the Production Manufacturing Area (PMA) and is also adjacent to the historic Mare Island Cemetery located at the southern end of the Island. The homes, which were built by the Navy between 1860 and 1930, provided military family housing for the officers who oversaw the below Naval Magazine Area.
Below is a list of the facilities on the property. The data was provided in the Navy’s FOST. However, the Navy’s Historic Building Survey data reflected a construction date of 1874 for Building A44 and 1930 for Building A58.
A58.
City Site Assessments
As the PMA housing is the first transfer from the City in many years, the City had the following assessments done for the site. New information regarding the costs to maintain the site has initiated further research into potential uses and cost recovery as outlined below.
Environmental Assessment
The City engaged Ninyo & Moore to do an environmental assessment of the site including a Phase I and
Date: August 4, 2026
Subject: ADOPT A RESOLUTION APPROVING THE ACCEPTANCE OF A QUITCLAIM DEED FOR THE NAVY’S PRODUCTION MANUFACTURING AREA MARE ISLAND
PARCEL, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
Building Materials Survey (BMS) for the six homes.
The BMS report concluded that asbestos-containing materials (ACMs), and lead-containing materials (LCMs) and miscellaneous hazardous building materials including potential mercury-containing thermostats/switches and PCB-containing items [transformers, light ballasts, etc.], fluorescent light tubes, exit signs, AC units and Feron TM-containing refrigeration systems) were found within the buildings. These materials will need to be removed prior to renovation or demolition work that would disturb the materials. Cost estimates for this work were included in the Public Works condition report however the actual costs will be based on actual quantities present.
Based on the findings of the Phase I, further investigation was not warranted, however due to the age of the buildings, N&M recommended the City consider investigating for the presence of lead in the dripline areas around the buildings from exterior paint chipping over time. Although the Navy would not agree for testing in the soils N&M provided an estimate of ~ $237K to $420K for the cost to remove lead in the soils if needed.
Financial Assessment
The City engaged Keyser Marson Associates, Inc. (KMA) to do a financial analysis to determine the “highest and best use” of the PMA Housing property. KMA evaluated the development opportunities under two scenarios: 1) existing set of land use restrictions and 2) hypothetical scenario in which all land use restrictions are lifted, and the property is rezoned. KMA’s draft report noted the following:
• The cost of renovating the historic structures exceeds the market value of the improvements for land uses that are permissible by the regulatory agencies.
• While a hotel generates value, current market conditions are not strong enough to fully cover renovation costs. Room rates would need to be ~$348 per night instead of the programmed $175 per night. Although the site is not in a location that currently would be attractive to hotel developers or operators, this could grow into a strong market over time if new development anticipated by the Draft Mare Island Specific Plan occurs.
• Residential lease rates in the area are not sufficient to support the renovation costs. Market rental rates would have to increase by approximately 170% to eliminate the financial gap. • Under the current use restrictions and requirement to preserve the historical buildings the highest and best use strategy is to reduce costs. KMA recommends the City renovate one structure for use as a visitor center, café and concession headquarters, and up to two structures for use as caretaker housing (estimate at $5.3M); the remaining facilities would be secured and closed off until additional funding is identified.
Facility Condition Assessment.
The existing site conditions include deteriorated roofing systems that allow water intrusion, settlement and localized structural movement, deteriorated wood siding, trim, porches, and framing, damaged masonry, failing historic windows and doors, deteriorated plaster finishes, and obsolete mechanical, electrical, and plumbing systems that have exceeded their useful life.
The Public Works Department provided a Rough Order of Magnitude (ROM) estimate of costs to bring the facilities to a warm shell condition and add new utilities to the site. Public Works also estimated the City’s initial holding costs before rehabilitation work could begin.
Date: August 4, 2026
Subject: ADOPT A RESOLUTION APPROVING THE ACCEPTANCE OF A QUITCLAIM DEED FOR THE NAVY’S PRODUCTION MANUFACTURING AREA MARE ISLAND
PARCEL, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
The estimates, which were based on non-invasive inspection intended to establish a baseline condition, include lead/asbestos abatement, siding and trim repairs, roof and gutter replacement, garage repairs, interior repairs and replacement, HVAC, plumbing and electrical replacement; all at prevailing wages. The estimates do not include ADA upgrades, specific fire safety upgrades, or Tenant Improvements as the ultimate use of the buildings has not been determined.
Below are the cost estimates provided by Public Works: Upon conveyance, Public Works would need to conduct further assessment before putting any work out to bid. • $181K = Initial holding costs to secure full site (month 1) including stabilization, boarding, patching, lighting, landscape and driveway cleanup, security and installing fencing, pest control, and security patrols.
• $257K per year (~$21K/month) = Ongoing holding costs to secure site including general R&M, lighting, graffiti removal, landscaping, pest control, security patrols, utilities, insurance and other admin. • $10.5 Million = Rehabilitation Costs to bring homes to warm shell condition, add new utilities, perform hazardous materials abatement and construction work.
Site Use Restrictions
The uses of the PMA Housing site are currently restricted by the Mare Island Specific Plan, agreements with the Navy and State Lands, and State Lands trust use regulations. These agreements drafted over 20 years ago anticipated that the site was to become part of the regional park open to the public. New information regarding the costs to maintain the site, outlined above, have initiated further research into potential uses and cost recovery.
Mare Island Specific Plan (MISP): The current MISP anticipated that the PMA Housing site would be part of the larger ~188-acre Mare Island Regional Park planned for developed recreational uses. The current MISP proposes civic and commercial uses to interpretative facilities, visitors center and concession facilities and allows for caretaker housing at the site, however the high cost to rehabilitate the historic homes must be considered by the City. The City can amend the MISP, Zoning Code, and General Plan to include whichever uses the City chooses to pursue in the future as needed.
The 2002 State Lands Settlement Agreement anticipated the use of the site to be a public park.
The Navy’s EDC MOA also anticipated the site is to be used as a public park. The MOA also states that if the City does not restrict the use of the Park for park purposes, 70% of the amount received by the City in a conveyance or 70% of the fair market value for the use for which it is retained is to be paid to the Navy. Thus, the Navy could claim 70% of revenues from a City lease with a hotel operator, however the risk is relatively low if the revenue generated from the limited guest stay use is minimal and the City commits to use the revenues to maintain the park and/or other public lands which we are already obligated to do with State Lands.
Potential Future Uses
Staff engaged the State Lands Commission representatives to verify what additional uses were allowed under the public trust doctrine. The State opined that although a hotel is an approved use, the following uses were notconsistent with the public trust doctrine:
• Corporate retreat or training center
Date: August 4, 2026
Subject: ADOPT A RESOLUTION APPROVING THE ACCEPTANCE OF A QUITCLAIM DEED FOR THE NAVY’S PRODUCTION MANUFACTURING AREA MARE ISLAND
PARCEL, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
• Conference Center (unless it is programed to attract events, associations or trade groups involved in industries related to maritime commerce, navigation, fisheries, water-based recreation, or wetland/marine habitat protection)
• Wellness retreat/spa facility
• Residential (unless it is caretaker housing for the regional park) • Public Employee housing (unless it is caretaker housing for the regional park) • Culinary schools
The following uses areallowed in the State lands Public Trust Doctrine at the site:
• Hotel
• Caretaker units for the regional park
• Regional Park
• Restaurants and cafes
• Conference Center (if programed to attract events, associations or trade groups involved in industries related to maritime commerce, navigation, fisheries, water-based recreation, or wetland/marine habitat protection)
• Art facilities / exhibit space / theater / art education • Non-profit institutional uses, such as day or overnight educational facility or historical museum (such as a training institute; Tenement Museum NYC) if oriented towards education or history related to maritime commerce, the marine environment, or other Public Trust consistent topics. • Other public serving uses
Changing Trust Restricted Use Types
In order to change State Lands Public Trust uses, the City would need to initiate legislation proposing those changes or pursue the changes legally. Other jurisdictions that have been successful at changing Public Trust regulations are San Francisco and Alameda. In addition, any change of use would have to be approved by the Navy per the terms of the EDC MOA.
Ownership Plan
Phase 1: “Hold and Secure”
City would manage an initial cleanup of the site, secure the homes and perform work to continue to keep site secure. Year 1 costs are estimated to be ~$438K, Year 2+ costs are estimated to be $257K/year. The funding source for this work would be General Funds until grant funds are obtained.
Phase 2: “Initial Improvements”
If the City is awarded the $750K NPS grant, staff recommends installation of permanent electrical service to six historic Officers' Quarters and exterior envelope preservation of Quarters A-45 (Gunner's House). Electrical service will support building security, fire and life safety systems, environmental monitoring, and future preservation activities. Exterior preservation work will stabilize deteriorated historic materials, prevent continued water intrusion, and protect character-defining architectural features. All work will be completed in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties.
Phase 3: Pursuit of Trust Patent Changes
In order to ensure the PMA site is cost-neutral or revenue generating, and to lift use restrictions from the City’s ownership, the City may pursue a legislative or legal cure from the State Lands Trust Doctrine. This is a large
Date: August 4, 2026
Subject: ADOPT A RESOLUTION APPROVING THE ACCEPTANCE OF A QUITCLAIM DEED FOR THE NAVY’S PRODUCTION MANUFACTURING AREA MARE ISLAND
PARCEL, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
undertaking and will entail large-scale coordination and political support. The justification to ensure the City is not undertaking additional debt risk is the impetus to undertake this potential option. Creating a revenue stream that would feed the City rather than drain it is important. It may be necessary to provide a combination of use types in order to secure a positive financial future in regard to this site and overall City Owned properties throughout Mare Island.
Phase 4: “Long Term Restoration and Redevelopment”
Through grants and creative funding opportunities, the City may consider restoration, redevelopment, and reuse of the site.
Grant Opportunities:
In early July 2026, Staff submitted a grant application for the National Park Service’s FY25/FY26 Historic Preservation Fund Semiquincentennial Grant Program. The current Notice of Funding Opportunity allows preservation project requests ranging from $75,000 to $750,000, with no match required. The program is highly competitive and is focused on projects that address immediate preservation needs for nationally significant historic resources associated with America's founding. The City applied for the full $750,000 for funding to bring electricity to the site and perform exterior envelope preservation of Quarters A-45 (Gunner's House), one of the oldest surviving residences on Mare Island. Electrical service will support building security, fire and life safety systems, environmental monitoring, and future preservation activities. Exterior preservation work will stabilize deteriorated historic materials, prevent continued water intrusion, and protect the facilities.
We anticipate that the grant awards will go out in November or December of 2026. Staff will continue to search for grant opportunities to cover costs for security, restoration, and long-term management of the property.
Funding options
Staff has prepared the following funding options:
1.) Grant Funding and City GF funding options:
• $750,000: Staff applied for National Parks Historic Preservation Grant funding that requires no match and could be used to bring utilities to the site and perform exterior envelope repairs to prevent further deterioration.
• Other grants as they become available.
• ~$400,000: General Funds to cover most urgent holding costs for the next year.
2.) Private Capital funding / MIC or future developer
3.) Public/Private Partnership Funding
4.) Mixture of funding. Most likely the site will need to engage all revenue opportunities to ensure the least amount of impact to the General Fund.
Legal Analysis
If the City does not accept the conveyance of the PMA Housing area, the Navy will consider this to be a default under the EDC MOA. The Navy’s primary remedy for a City default is termination of the EDC MOA. If the EDC MOA is terminated, the Navy will pursue an alternative disposition process for this parcel and the remaining Navy-owned Mare Island lands such as auction/sale to highest bidder.
Date: August 4, 2026
Subject: ADOPT A RESOLUTION APPROVING THE ACCEPTANCE OF A QUITCLAIM DEED FOR THE NAVY’S PRODUCTION MANUFACTURING AREA MARE ISLAND
PARCEL, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
Furthermore, the City has contractual obligations to Mare Island Company (MIC) under the Acquisition Agreement (1999) (AA) including the obligation to negotiate toward a potential lease or other disposition of some of the Navy-owned parcels to MIC after the Navy transfers the lands to the City. Termination of the EDC MOA could expose the City to claims that the City has breached its contractual obligations to MIC under the AA by defaulting under the EDC MOA.
FISCAL IMPACT
Holding costs including securing the site, overall site security, and utilities are expected to be approximately $400,000 the first year and approximately $257,000 per year thereafter. Any restoration or upgrade activities would have an additional impact to the General Fund. Grant opportunities should be engaged as they arise to ensure long term planning and development for the site is funded.
ENVIRONMENTAL REVIEW
The act of taking ownership of the land is not a project according to CEQA.
ATTACHMENTS
1. CC Resolution Authorizing Acceptance of PMA Housing Parcel 08-04-26 -CAO Stamp
2. PMA Housing Deed
CONTACT
Gillian Haen, Assistant City Manager (707) 648-4576
[email protected]
Nalungo Conley, Assistant City Manager (707) 648-4301
[email protected]
RESOLUTION NO. 26- ______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO
APPROVING THE ACCEPTANCE OF A QUITCLAIM DEED FOR CONVEYANCE
OF THE PRODUCTION MANUFACTURING AREA HOUSING PARCEL (MARE
ISLAND) TO CITY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
WHEREAS , on February 9, 1999, the City Council adopted Resolution 99-43 N.C. which authorized the City Manager, or his designee, to execute the Economic Development Conveyance Memorandum of Agreement (EDC MOA) between City and Navy; and
WHEREAS , the EDC MOA defines the parcels to be transferred and specifies the process and requirements by which the Navy is to transfer fee simple title to such parcels to the City of Vallejo; and
WHEREAS , the Navy has completed said requirements for transfer of the PMA Housing Parcel which is part of EDC Parcel VII-B (PMA Housing Parcel), and forwarded the documents to execute fee simple title transfer of the PMA Housing Parcel to City; and
WHEREAS , the Navy desires to convey the PMA Housing Parcel to the City and the City desires to accept such conveyance.
NOW, THEREFORE , BE IT RESOLVED that the City Manager, or his designee, is hereby authorized to execute the PMA Housing Parcel Quitclaim Deed and related disclosure documents substantially in the form presented, accept the conveyance of said Parcel subject to final review of the Quitclaim Deed and all related agreements and documents for completeness and conformity by legal counsel, and review and approval as to form by the City Attorney, as may be required, to transfer fee simple title to the PMA Housing Parcel to the City of Vallejo.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on August 4, 2026, with the following vote:
N4769224RP24P29
1 Recorded at the Request
of and When Recorded
Mail to:
Department of the Navy
Base Realignment and Closure
Program Management Office West
33000 Nixie Way
Building 50, Suite 207
San Diego, CA 92147
CITY OF VALLEJO
OFFICIAL BUSINESS:
Document entitled to free
Recordation Pursuant to
Government Code Section 27383
NO TAX DUE
Space Above This Line Reserved for Recorder’s Use
QUITCLAIM DEED
FOR PRODUCTION MANUFACTURING AREA (PMA) HOUSING AREA
This Quitclaim Deed is made this day of 2026, issued by the UNITED STATES OF AMERICA, and for purposes of this Deed format, hereinafter referred to as “GRANTOR” or the United States, acting by and through the United States Department of the Navy (“Navy”), and the CITY OF VALLEJO , hereinafter referred to as "GRANTEE".
RECITALS
WHEREAS:
A. The Secretary of the Navy may convey surplus property at a closing military installation to the Local Redevelopment Authority ("LRA") for economic development purposes pursuant to the power and authority provided by Section 2905(b)(4) of the Defense Base Closure and Realignment Act of 1990 (P.L. 101- 510) as amended, and the implementing regulations of the Department of Defense (32 C.F.R. Parts 174 and 176); and
B. GRANTEE has been recognized by the Secretary of Defense as the LRA for the former Mare Island Naval Shipyard ("MINSY"), and by application dated January 23, 1996, requested an Economic Development Conveyance ("EDC") of portions of MINSY, consisting of approximately 1,412 acres located in the County of Solano, State of California, (the “EDC Property") for uses consistent with the Mare
N4769224RP24P29
2 Island Final Reuse Plan dated July 26, 1994; as further clarified in the Mare Island Specific Plan dated March 1999, as amended; and GRANTOR and GRANTEE entered into the Memorandum of Agreement for the EDC Conveyance of Property on the former MINSY and Associated Properties within the City of Vallejo dated September 30, 1999, and subsequently amended on June 2, 2002 and July 2, 2003 (“EDC MOA”); and
C. GRANTEE, Lennar Mare Island, LLC and the State of California, acting by and through the California State Lands Commission, entered into the Mare Island Property Settlement and Exchange Agreement, recorded March 26, 2002, in Solano County Recorder’s Office as document number 02-37955, as amended by an Amendment to Mare Island Property Settlement and Exchange Agreement dated November 8, 2023, a memorandum of which is recorded in the Solano County Recorder’s Office as document number 202300048655 (“Settlement Agreement”), which settled a land and boundary dispute between them and resolved the status and disposition of certain lands in the City of Vallejo, County of Solano, State of California; and
D. The EDC Property includes a parcel of land identified as Production Manufacturing Area (“PMA”) Housing Area, which corresponds to a portion of Parcel VII -B in the Settlement Agreement and EDC MOA. PMA Housing Area totals approximately 13.7 acres of land which hereinafter shall be referred to as the "Property", as more particularly described in Exhibit "A", attached hereto and made a part hereof; and
E. The GRANTOR has completed remedial actions on the Property to be conveyed to GRANTEE that are necessary to provide the covenant required by the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") 42 U.S.C. Section 9620 (h)(3)(A)(ii)(I); and F. The GRANTOR has found and determined that the Property to be conveyed to GRANTEE is suitable for transfer pursuant to the Finding of Suitability for Transfer ("FOST”) for Production Manufacturing Area Housing Area executed on November 1, 2023 (Navy Administrative Record Doc. No. N00221_005208) (“FOST 19”).
NOW THEREFORE, GRANTOR, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release and forever quitclaim to GRANTEE, all of GRANTOR's right, title and interest in and to the Property.
I. TOGETHER WITH:
All of GRANTOR's right, title, and interest in and to buildings, facilities, roadways, rail lines, and other infrastructure, including those MINSY storm drainage systems, sewer systems, and the electrical, natural gas, telephone, and water utility distribution systems located thereon, steam lines and any other improvements on the Property; any appurtenances hereunto belonging; all hereditaments and tenements therein and reversions, remainders, issues, profits,
N4769224RP24P29
3 privileges and other rights belonging or related thereto; and all rights to minerals, gas, oil, and water.
II. SUBJECT TO THE FOLLOWING NOTICES, COVENANTS, RESTRICTIONS, AND CONDITIONS, which shall be binding upon and enforceable against the GRANTEE, its successors, and assigns, in perpetuity:
A. The GRANTEE agrees to accept conveyance of the Property subject to all covenants, conditions, restrictions, easements, rights -of-way, reservations, rights, agreements, and encumbrances of record. Such covenants, restrictions, reservations, and conditions, etc., constitute a binding servitude on the Property, shall inure to the benefits of GRANTOR and GRANTEE and their respective successors and assigns, and will be deemed to run with the land in perpetuity, pursuant to California Civil Code Sections 1462 and 1471 and other applicable authority. Navy makes no representations or warranties regarding the existence or non-existence of any covenants, conditions, restrictions, easements, rights-of-way, reservations, rights, agreements, or encumbrances which are not of record.
B. FOST 19 found that all remedial action necessary to protect human health and the environment with respect to hazardous substances (as that clause is used in Section 120(h)(3)(A)(ii) of CERCLA) has been completed with respect to the Property.
GRANTEE acknowledges that it has received a copy of FOST 19 and that it is aware of the notifications therein; and that all documents referenced therein have been made available to GRANTEE for inspection and copying.
C. Asbestos Containing Material (“ACM”).
1. GRANTEE is hereby informed and does hereby acknowledge that hazardous materials in the form of asbestos or ACM have been found and are otherwise presumed to exist in buildings, structures, facilities, and utilities (above and underground) on the Property. FOST 19 discloses the presence of known asbestos or ACM hazards in six buildings (A25, A42, A43, A45, and A58) on the Property. The remaining buildings (A25A, A43A, A44A, A58A, A110, A146, A191, ARS3, and an unnumbered structure) on the Property had no ACM present.
2. GRANTEE covenants, on behalf of itself and its successors and assigns, as a covenant running with the land, that GRANTEE shall prohibit interference with, disturbance of, access, use or occupancy of the buildings, structures, and utilities on the Property with asbestos or ACM hazards until the asbestos or ACM is abated or the building, structure, or utility is demolished. GRANTEE shall comply with all applicable Federal, State and local laws relating to asbestos or ACM and assumes responsibility for the management of any asbestos or ACM. GRANTEE acknowledges that if asbestos or ACM is not managed in compliance with applicable Federal,
N4769224RP24P29
4 State and local laws, it may become a hazard.
3. GRANTEE acknowledges that GRANTOR assumes no liability for damages for personal injury, illness, disability, or death to GRANTEE, its successors, assignees, employees, invitees, or to any other person, including members of the general public, arising from or incident to the purchase, transportation, removal, handling, use, disposition, or other activity causing or leading to contact of any kind whatsoever with asbestos or ACM in the structures and utilities on the Property, without regard to whether GRANTEE or its successors or assigns has properly warned or failed to properly warn the persons injured.
4. The GRANTOR, upon GRANTEE’s request, shall provide a Notice of Release, in recordable form, to GRANTEE at such time as (1) demolition of the buildings, structures, and utilities on the Property (or any specified portion thereof) containing ACM has been completed or all ACM has been removed from the buildings, structures, and utilities on the Property (or any specified portion thereof), and (2) the appropriate Federal, State or local regulatory agency(s) have certified in writing that ACM has been removed from the buildings, structures, and utilities on the Property (or any specified portion thereof) and any necessary soil remediation has been conducted to the extent required by and in accordance with all applicable Federal, State, and local laws and regulations. This Notice of Release shall be deemed to remove all notices and restrictions relating to ACM in this Deed from the specified portion of Property.
5. The “Asbestos Containing Materials Hazard Disclosure and Acknowledgement Form” has been attached to this Quitclaim D eed as Exhibit “B”.
D. Lead Based Paint ("LBP").
1. The GRANTEE is hereby notified that LBP may be present in nonresidential buildings, structures, or facilities on the Property. The Property conveyed hereunder contains buildings, structures, or facilities that were built prior to 1978 and may contain LBP. The GRANTEE is hereby informed and does acknowledge that through the action of normal weathering and maintenance, there may also be lead from LBP in the soil surrounding these buildings, structures, and facilities. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. FOST 19 discloses the presence of known LBP in such buildings, structures, and facilities on the Property.
2. The GRANTEE, on behalf of itself and its successors and assigns, agrees as a covenant running with the land, that, in its use and occupancy of the Property, including, but not limited to, demolition of buildings, structures, and facilities, and identification and eva luation of any LBP hazards, the