D EPARTMENTS: AREA CODE (707)
ADMINISTRATION 421- 7300 PLANNING 421 - 7335 BUILDING 421- 7310 FINANCE 421- 7320 FIRE 425- 9133 RECREATION & COMMUNITY SERVICES 421- 7200 POLICE 421- 7373 PUBLIC WORKS 421 - 7340 SUCCESSOR AGENCY 421- 7309 FAX 421- 7366
CITY COUNCIL
Mayor
Alma Hernandez, Mayor Pro-Tem
Jane Day
Michael J. Hudson
Wanda Williams
CITY COUNCIL MEETING
First and Third Tuesday
Every Month
A G E N D A
SPECIAL MEETING OF THE SUISUN CITY COUNCIL,
SUISUN CITY COUNCIL ACTING AS SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SUISUN CITY,
AND HOUSING AUTHORITY
TUESDAY, NOVEMBER 1, 2022
5:30 P.M.
SUISUN CITY COUNCIL CHAMBERS -- 701 CIVIC CENTER BOULEVARD -- SUISUN CITY, CALIFORNIA NOTICE
Pursuant to Government Code Section 54953, subdivision (b), and in accordance with the provisions of SB 361 (2021), the following Council/Successor Agency/Housing Authority meeting includes teleconference participation by:
Council/Board Members Jane Day, Michael Hudson, Wanda Williams, Mayor Pro Tem Alma Hernandez .
Teleconference locations are on file at City Hall, 701 Civic Center Blvd., Suisun City, CA 94585.
FACE MASKS ARE RE COMMENDED FOR MEMBERS OF THE PUBLIC WHILE IN CITY FACILITIES IF NOT FULLY VACCINATED. IF YOU DO NOT HAVE A FACE MASK, ONE WILL BE PROVIDED FOR YOU.
TH
E CITY COUNCIL HAS RESUMED IN-PERSON MEETINGS IN ADDITION TO ZOOM. A LIMITED NUMBER OF SEATS ARE AVAILABLE, TO RESERVE A SEAT PLEASE CONTACT THE CITY CLERK AT [email protected] OR 707 421-7302.
ZO
OM MEETING INFORMATION:
WEBSITE: https://zoom.us/join
MEETING ID: 826 9928 2661
CALL IN PHONE NUMBER: (707) 438-1720
R
EMOTE PUBLIC COMMENT IS AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING [email protected] (PRIOR TO 4pm) OR
VIA WEBSITE OR PHONE APPLICATION, ZOOM
(
If attending the meeting via phone press *9 to raise your hand and *6 to unmute/mute for public comment.)
ROLL CALL
Council/Board Members
CO
NFLICT OF INTEREST NOTIFICATION
(Any items on this agenda that might be a conflict of interest to any Councilmembers should be identified at this time.) November 1, 2022 City Council/Successor Agency/Housing Authority Page 2
PUBLIC COMMENT
(Request by citizens to discuss any matter under our jurisdiction other than an item posted on this agenda per California Government Code §54954.3. Comments are limited to no more than 3 minutes unless allowable by the Mayor/Chair. Speaker cards are available on the table near the entry of the meeting room and should be given to the City Clerk. By law, n o prolonged discussion or action may be taken on any item raised during the public comment period, although informational answers to questions may be given and matters may be referred for placement on a future agenda.)
CLOSED SESSION
Pursuant to Californi a Government Code Section 54950 the Suisun City Council , Successor Agency and Housing Authority will hold a Closed Session for the purpose of:
City Council
1. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Discussion of potential initiation of litigation pursuant to Gov ernment Code Section 54956.9(c), (d)(4) (2 potential case).
Suisun City Council Acting as Successor Agency
2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to California Government Code Section 54956.8., the Suisun City Council Acting as Successor Agency to the Redevelopment Agency of Suisun City will hold a Closed Session for the purpose of Conference with Real Property Negotiator.
Property Under Negotiation: Assessor’s Parcel Numbers: APN: 0032-141-130, 718 Main Street
Negotiating Party: City Manager
Parties Negotiating: Solano Affordable Housing Foundation Under Negotiations: Terms and payment
City Council
3. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency negotiator: City Manager and City Attorney
Employee organizations:
SCEA (Suisun City Employees’ Association)
4. C
ONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Discussion of potential significant exposure to litigation pursuant to Government Code Section 54956.9(c), (d)(2) (2 potential cases: One Workers Compensation Claim by Donna Pock; One Workers Compensation Claim by Aaron Leming.).
Housing Authority
5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to California Government Code Section 54956.8., the Suisun City Housing Authority will hold a Closed Session for the purpose of Conference with Real Property Negotiator.
Property Under Negotiation: Assessor’s Parcel Numbers 0032-101-420 and 0032- 102-160.
Negotiating Party: City Manager
Parties Negotiating With: Harbor Park LLC
Under Negotiations: Terms and payment
November 1, 2022 City Council/Successor Agency/Housing Authority Page 3
CONVENE OPEN SESSION
Announcement of Actions Taken, if any, in Closed Session.
ADJOURNMENT
A complete packet of information containing staff reports and exhibits related to each item for the open session of this meeting, and provided to the City Council, are available for public review at least 72 hours prior to a Council /Agency/Authority Meeting at Suisun City Hall 701 Civic Center Blvd., Suisun City. Agenda related writings or documents provided to a majority of the Council/Board/Commissioners less than 72 hours prior to a Council/Agency/Authority meeting related to an agenda item for the open session of this meeting will be made available for public inspection during normal business hours. An agenda packet is also located at the entrance to the Council Chambers during the meeting for public review. The City may charge photocopying charges for requested copies of such documents. Assistive listening devices may be obtained at the meeting PLEASE NOTE:
1. The City Council/Agency/Authority hopes to conclude its public business by 10:00 P.M. Ordinarily, no new items will be taken up after the 10:00 P.M. cutoff and any items remaining will be agendized for the next meeting. The agendas have been prepared with the hope that all items scheduled will be discussed within the time allowed.
2. Suisun City is committed to providing full access to these proceedings; individuals with special needs may call 421-7300.
3. Agendas are posted at least 72 hours in advance of regular meetings at Suisun City Hall, 701 Civic Center Boulevard, Suisun C ity, CA.
Agendas may be posted at other Suisun City locations including:
• Suisun City Fire Station, 621 Pintail Drive, Suisun City, CA; • Suisun City Senior Center, 318 Merganser Drive, Suisun City, CA; • Joe Nelson Center, 611 Village Drive, Suisun City, CA; • Harbor Master Office, 800 Kellogg Street, Suisun City, CA.
I, Donna Pock, Deputy City Clerk for the City of Suisun City, declare under penalty of perjury that the above agenda was posted and available for review, in compliance with the Brown Act.
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CITY COUNCIL
Alma Hernandez, Mayor Pro Tem
Jane Day, Member
Michael J Hudson, Member
Wanda Williams, Member
CITY COUNCIL MEETING
A G E N D A
REGULAR MEETING OF THE SUISUN CITY COUNCIL,
SUISUN CITY COUNCIL ACTING AS SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SUISUN CITY,
AND HOUSING AUTHORITY
TUESDAY, NOVEMBER 1, 2022
6:30 PM
Suisun City Council Chambers - 701 Civic Center Boulevard - Suisun City, California NOTICE
Pursuant to Government Code Section 54953, subdivision (b), and in accordance with the provisions of SB 361 (2021), the following Council/Successor Agency/Housing Authority meeting includes teleconference participation by: Council/Board Members Jane Day, Michael Hudson, Wanda Williams, Mayor Pro Tem Alma Hernandez. Teleconference locations are on file at City Hall, 701 Civic Center Blvd., Suisun City, CA 94585.
FACE MASKS ARE RECOMMENDED FOR MEMBERS OF THE PUBLIC WHILE IN CITY FACILITIES IF NOT FULLY VACCINATED. IF YOU DO NOT HAVE A FACE MASK, ONE WILL BE PROVIDED FOR YOU.
THE CITY COUNCIL HAS RESUMED IN-PERSON MEETINGS IN ADDITION TO ZOOM. A LIMITED NUMBER OF SEATS ARE AVAILABLE, TO RESERVE A SEAT PLEASE CONTACT THE CITY CLERK AT [email protected] OR 707 421-7302.
ZOOM MEETING INFORMATION:
WEBSITE: https://zoom.us/join
MEETING ID: 858 1454 7748
CALL IN PHONE NUMBER: (707) 438-1720
REMOTE PUBLIC COMMENT IS AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING [email protected] (PRIOR TO 6 PM) OR VIA WEBSITE OR PHONE APPLICATION, ZOOM (If attending the meeting via phone press *9 to raise your hand and *6 to unmute/mute for public comment.) (Next Ord. No. – 796)
(Next City Council Res. No. 2022 – 138)
Next Suisun City Council Acting as Successor Agency Res. No. SA2022 - 04) (Next Housing Authority Res. No. HA2022 – 02)
1 City Manager/Executive Director/Staff
2 Council/Board Member Updates
City Council
3 Council Consideration and possible action to adopt Resolution No. 2022-__: A Resolution of the City Council of the City of Suisun City proclaiming a local emergency persists and authorizing the use of remote teleconference meeting procedures by the City’s legislative bodies, as authorized by government code section 54953(e) et seq., through December 1, 2022 - (Folsom: [email protected]).
4 Council Adoption of Resolution No. 2022-___: Approving a Second Amendment to the Memorandum of Understanding (MOU) Between the City of Suisun City and the Suisun City Management & Professional Employees’ Association Effective July 1, 2021 through June 30, 2023 to Amend MOU Provisions Pertaining to Job Classes Represented, Uniforms and Uniform Allowances, Duty Chief Pay and IT Manager Special Circumstance Compensation – (Penland: [email protected]).
5 Council Adoption of Resolution No. 2022-__: Approving the Suisun City Marina Annual Dock Maintenance and Inspection Services and Authorizing the City Manager to enter into an agreement with Bellingham Marine to Perform the Services - (Lofthus:
[email protected]).
ROLL CALL
Council /Board Members
Pledge of Allegiance
Invocation
CONFLICT OF INTEREST NOTIFICATION
(Any items on this agenda that might be a conflict of interest to any Councilmembers / Boardmembers should be identified at this time.)
REPORTS (Informational items only.)
PRESENTATION/APPOINTMENTS
(Presentations, Awards, Proclamations, Appointments).
PUBLIC COMMENT
(Request by citizens to discuss any matter under our jurisdiction other than an item posted on this agenda per California Government Code §54954.3. Comments are limited to no more than 3 minutes unless allowable by the Mayor/Chair.
Speaker cards are available on the table near the entry of the meeting room and should be given to the City Clerk. By law, no prolonged discussion or action may be taken on any item raised during the public comment period, although informational answers to questions may be given and matters may be referred for placement on a future agenda.)
COUNCIL COMMENTS
CONSENT CALENDAR
Consent calendar items requiring little or no discussion may be acted upon with one motion.
6 Council Adoption of Council Resolution 2022-___: A Resolution of Intention to Annex Territory to Community Facilities District and to Authorize the Levy of Special Taxes Therein (Caterpillar Clubhouse) - (Vue: [email protected]). 7 Council Adoption of Council Resolution 2022-___: A Resolution of Intention to Annex Territory to Community Facilities District and to Authorize the Levy of Special Taxes Therein (Zip Thru Carwash) - (Vue: [email protected]).
8 Council Adoption of Resolution No. 2022-____: Approving an Application for Funding and the Execution of a Grant Agreement and Any Amendments Thereto from the 2020 Community Development Block Grant Program Coronavirus Round 1 (CDBG-CV1) NOFA Dated June 5, 2020 - (Lofthus: [email protected]).
9 Council Consideration of Letter Regarding Net Energy Metering – (Folsom:
[email protected]).
City Council
10 HEARING:
Adoption of Council Resolution No. 2022-___: Placing Liens for Unpaid Waste Collection Service Charges on Certain Lands Situated in the City of Suisun City, County of Solano, State of California – (Deol: [email protected]).
11 Council Adoption of Resolution No. 2022-___: Authorizing the City Manager to Approve the Agreement for Purchase and Sale of Real Property under Threat of Condemnation and Joint Escrow Instructions and to Take Any and All Actions Necessary to Implement the Agreement – (Folsom: [email protected]).
12 Development Services Department Showcase – (Bermudez: [email protected]).
PUBLIC HEARING
GENERAL BUSINESS
REPORTS: (Informational items only)
ADJOURNMENT
A complete packet of information containing staff reports and exhibits related to each item for the open session of this meeting, and provided to the City Council, are available for public review at least 72 hours prior to a Council /Agency/Authority Meeting at Suisun City Hall 701 Civic Center Blvd., Suisun City. Agenda related writings or documents provided to a majority of the Council/Board/Commissioners less than 72 hours prior to a Council/Agency/Authority meeting related to an agenda item for the open session of this meeting will be made available for public inspection during normal business hours. An agenda packet is also located at the entrance to the Council Chambers during the meeting for public review. The City may charge photocopying charges for requested copies of such documents. Assistive listening devices may be obtained at the meeting.
PLEASE NOTE:
1. The City Council/Agency/Authority hopes to conclude its public business by 10:00 P.M. Ordinarily, no new items will be taken up after the 10:00 P.M. cutoff and any items remaining will be agendized for the next meeting. The agendas have been prepared with the hope that all items scheduled will be discussed within the time allowed.
2. Suisun City is committed to providing full access to these proceedings; individuals with special needs may call 421- 7300.
3. Agendas are posted at least 72 hours in advance of regular meetings at Suisun City Hall, 701 Civic Center Boulevard, Suisun City, CA. Agendas may be posted at other Suisun City locations including:
Suisun City Fire Station, 621 Pintail Drive, Suisun City, CA; Suisun City Senior Center, 318 Merganser Drive, Suisun City, CA; Joe Nelson Center, 611 Village Drive, Suisun City, CA;
Harbor Master Office, 800 Kellogg Street, Suisun City, CA.
I,
I, Donna Pock, Deputy City Clerk for the City of Suisun City, declare under penalty of perjury that the above agenda was posted and available for review, in compliance with the Brown Act.
AGENDA TRANSMITTAL
MEETING DATE: November 1, 2022
CITY AGENDA ITEM: Council Consideration and possible action to adopt Resolution No. 2022-__:
A Resolution of the City Council of the City of Suisun City proclaiming a local emergency persists and authorizing the use of remote teleconference meeting procedures by the City’s legislative bodies, as authorized by government code section 54953(e) et seq., through December 1, 2022.
FISCAL IMPACT: None
STRATEGIC PLAN: Provide Good Governance.
BACKGROUND: A number of laws have changed since the beginning of the COVID pandemic related to the Brown Act as it relates to teleconferenced public meetings, both from Governor Newsom’s Executive Orders and recently from the enactment of Assembly Bill 361, which took effect October 1, 2021, allowing continued remote teleconference meetings without traditional Brown Act compliance, provided certain findings can be made related to the ongoing state of emergency and subject to adherence to certain new noticing and public participation requirements.
The City, as all public agencies in California, must invoke and adhere to AB 361 and its modifications on certain elements of remote public meetings, or else revert to traditional Brown Act compliance. The major change associated with continuing remote meetings under AB 361 is that the public must now be allowed to make comments in real-time during the public comment period, either telephonically or electronically (such as by Zoom). No physical location for public comment need be provided.
Assembly Bill 361, which took effect October 1, 2021, allowing continued remote teleconference meetings without traditional Brown Act compliance, provided certain findings can be made related to the ongoing state of emergency and subject to adherence to certain new noticing and public participation requirements,
On October 19, 2021 the City of Suisun City passed a resolution proclaiming that a local emergency persists and authorizing the transition to use of remote teleconference meeting procedures by City’s the legislative bodies, as authorized by government code section 54953(e) et seq., for the initial period of October 19, 2021 through November 18, 2021
STAFF REPORT: This is a recurring resolution, after 30 days following the initial invocation of AB 361, continued reliance on AB 361 for subsequent meetings requires the following:
1. Either the “state of emergency” must remain active, or state or local officials have imposed or recommended measures to promote social distancing; and
2. No later than 30 days after teleconferencing for the first time under AB 361 rules, and every 30 days thereafter, the legislative body, by majority vote, finds that it has reconsidered the circumstances of the state of emergency and at least one of the following circumstances exist:
o The state of emergency continues to impact the ability of the members to meet safely in person; or Item 3
1 o State or local officials continue to impose recommended measures to promote social distancing Continued reliance on AB 361 will require adoption of a new resolution making the required findings every 30 days.
STAFF RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2022- ____: A Resolution of the City Council of the City of Suisun City proclaiming a local emergency persists and authorizing the transition to use of remote teleconference meeting procedures by City’s the legislative bodies, as authorized by government code section 54953(e) et seq., through December 1, 2022.
DOCUMENTS ATTACHED:
1. Resolution 2022-___: A Resolution of the City Council of the City of Suisun City proclaiming a local emergency persists and authorizing the transition to use of remote teleconference meeting procedures by City’s the legislative bodies, as authorized by government code section 54953(e) et seq., through December 1, 2022.
PREPARED BY:
REVIEWED BY:
APPROVED BY:
Kris Lofthus, Deputy City Manager
Kris Lofthus, Deputy City Manager
Kris Lofthus, Deputy City Manager
ATTACHMENTS:
Consent - AB 361 Reso attachment 1 p.pdf
Item 3
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28 RESOLUTION NO. 2022-
A RESO
LUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN
CITY PROCLAIMING A LOCAL EMERGENCY PERSISTS AND
AUTHORIZING THE TRANSITION TO USE OF REMOTE
TELECONFERENCE MEETING PROCEDURES BY CITY’S THE
LEGISLATIVE BODIES, AS AUTHORIZED BY GOVERNMENT
CODE SECTION 54953(E) ET SEQ., THROUGH DECEMBER 1, 2022.
WHE
REAS, the City Council of the City of Suisun City is committed to preserving and nurturing public access, transparency, observation and partici pation in its meetings and the meetings of each of its legislative bodies; and
WHE
REAS, all meetings of the City ’s legislative bodies are open and public, as required by the Ralph M. Brown Act, codified as Government Code sections 54950 et seq., so that any member of the public may attend, parti cipate, and observe the City’s legislative bodies conduct their business; and
WHE
REAS, the Brown Act , as amended by Assembly Bill 361 (2021), amending Government Code section 54953(e) et seq. , allows for remote te leconferencing observation and participation in m eetings by members of a legislative body and members of the public , without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHE
REAS, the initial required condition is a d eclaration of a state of emergency by the Governor pursuant to the California Emergency Services Act , Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme per il to the safe ty of persons and property within the sta te and w ithin the boundaries of the City, as provided in Government Code section 8558; and
WHE
REAS, on March 4, 2020, pursuant to Government Code Section 8625, Governor Newsom declared the existence of a state of emergency for the State of California, in response to the outbreak of respiratory illness due to a novel coronavirus (a disease now known as COVID-19); and
WHE
REAS, on March 16, 2020, the City’s Director of Emergency Services declared a local emergency fo r the City pursuant to Chapter 2.32 of the Suisun City Municipal Code, finding that conditions of extreme peril to the safety of persons and property have arisen within the City as a result of the COVID-19 virus and that these conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and WHE
REAS, on March 17, 2020, the City Council adopted Resolution No. 2020-40, ratifying the Director of Emergency Services’ declaration of local emergency; and WHE
REAS, Government Code section 54953( e) further require s that state or local officials have imposed or recommended measures to promote social distancing; or, the legislative body of the City finds that meeting in person would present imminent risk to t he health and safety of attendees; and
Item 3
Attachment 1
3 Resolution No. 2022-
Adopted
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WHEREAS, the Council hereby finds that such emergency conditions now exist in the City, such that meeting in person for the meetings of the legislative bodies of the City would present imminent risk to the health and safety of attendees as a result of the increase d risk of the spread of the COVID-19 virus among those in attendance; and
WHEREAS, the Council hereby finds that the state of emergency due to the COVID - 19 virus and the conditions related thereto has caused, and will continue to cause, conditions of extr eme peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City , and thereby affirms, authorizes, and proclaims that the existence of a local emergency persis ts throughout the City, and ratifies the proclamation of state of emergency by the Governor of the State of California ; and
WHEREAS, the Council hereby finds that, as a consequence of the existing local emergency, the legislative bodies of the City shall conduct their meetings without compliance with Government Code section 54953(b)(3) , and shall instead comply with the remote teleconference meeting requirements as authorized by Government Code section 54953(e) et seq.; and
WHEREAS, the Council affirms that it will allow for observation and participation by Councilmembers and the public by allowing limited in -person attendance, as well as allowing public participation and comment in real time via Zoom or by telephone, in an effort to protect the constitutional and statutory rights of all attendees.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUISUN CITY FINDS, RESOLVES, AND ORDERS AS FOLLOWS:
Section 1. The Recitals set forth above are true and correct and are incorporated herein Resolution by reference.
Section 2. The Council hereby recognizes and affirms the existence and conditions of a state of emergency as proclaimed by the Governor, the existence of emergency conditions in the City, and affirms, author izes, and proclaims that the existence of a local emergency persists throughout the City.
Section 3. Th
e Council hereby ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.
Section 4. Further, the Council finds that holding the meetings of the City’s legislative bodies in person w ith no limitations to attendance would present imminent risk to the health and safety of attendees as a result of the increased risk of the spread of the COVID -19 virus among those in attendance, as required by Government Code section 54953(e) et seq.
Section 5. The C ity Manager and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution Item 3
Attachment 1
4 Resolution No. 2022-
Adopted
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including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
Section 6. This Resolution shall take effect immediately upon i ts adoption and shall be effective until the ea rlier of (i) December 1, 2022, or (ii) such time the Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City may continue to teleconference without compliance with Government Code section 54953(b)(3).
PAS
SED AND ADOPTED at the Regular Meeting of the City Council of the City of Suisun City duly held on November 1, 2022, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
WITNESS my hand and the seal of said City this 1
st day of November 2022.
_________________________________
Anita Skinner
City Clerk
Item 3
Attachment 1
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6 AGENDA TRANSMITTAL
MEETING DATE: November 1, 2022
CITY AGENDA ITEM: Council Adoption of Resolution No. 2022-___: Approving a Second Amendment to the Memorandum of Understanding (MOU) Between the City of Suisun City and the Suisun City Management & Professional Employees’ Association Effective July 1, 2021 through June 30, 2023 to Amend MOU Provisions Pertaining to Job Classes Represented, Uniforms and Uniform Allowances, Duty Chief Pay and IT Manager Special Circumstance Compensation.
FISCAL IMPACT: The fiscal impact can be absorbed in the current fiscal year budget.
STRATEGIC PLAN: Provide Good Governance.
BACKGROUND: On August 17, 2021, the City Council approved a Memorandum of Understanding between the City of Suisun City (City) and the Suisun City Management & Professional Employees’ Association (SCMPEA), effective July 1, 2021 through June 30, 2023 (SCMPEA MOU 2021-23) with the adoption of Resolution No. 2021-81.
On April 5, 2022, the City Council approved a First Amendment to the SCMPEA MOU 2021-23 with the adoption of Resolution No. 2022-53.
STAFF REPORT: The City and SCMPEA’s authorized labor relations representatives recently met and conferred in good faith pursuant to the requirements of the Meyers-Milias-Brown Act, codified as Gov’t Code Sections 3500-3511, and reached agreement regarding modifications to the SCMPEA MOU 2021-23. The proposed modifications pertain to job classes represented, uniforms and uniform allowances, Duty Chief pay, and IT Manager special circumstance compensation, and are memorialized in the Second Amendment to the SCMPEA 2021-23 (attached as Exhibit “A” to the proposed resolution). These proposed modifications have been ratified by SCMPEA membership.
Specifically, the Second Amendment would do the following if approved by the City Council:
Make modifications to job classes represented by adding Division Fire Chief, which was reestablished on July 19, 2022, by Resolution No. 2022-103.
Provide the IT Manager classification with compensation for hours worked outside of normal scheduled work hours when required to respond afterhours to critical emergencies.
Provide Fire Duty Chief Standby Pay to both the Division Fire Chief and Deputy Fire Chief classifications.
Provide the Division Fire Chief classification a $1,300 uniform allowance, as this is a uniformed classification.
STAFF RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2022- ___: Approving a Second Amendment to the Memorandum of Understanding (MOU) Between the City of Suisun City and the Suisun City Management & Professional Employees’ Association Effective July 1, 2021 through June 30, 2023 to Amend MOU provisions pertaining to Job Classes Represented, Uniforms and Uniform Allowances, Duty Chief Pay and IT Manager Special Circumstance Item 4
7 Compensation.
DOCUMENTS ATTACHED:
1. Resolution No. 2022-___: Approving a Second Amendment to the Memorandum of Understanding (MOU) Between the City of Suisun City and the Suisun City Management & Professional Employees’ Association Effective July 1, 2021 through June 30, 2023 to Amend MOU Provisions Pertaining to Job Classes Represented, Uniforms and Uniform Allowances, Duty Chief Pay and IT Manager Special Circumstance Compensation
a. Amendment No. 2 to the SCMPEA MOU 2021-23
PREPARED BY: Christina Penland, Human Resources Administrator REVIEWED BY: Kris Lofthus, Deputy City Manager
APPROVED BY: Kris Lofthus, Deputy City Manager
ATTACHMENTS:
Consent - SCMPEA MOU 2021-23 Second Amendment - Reso Attachment 1 p.pdf Consent - SCMPEA MOU 2021-23 Second Amendment Attachment 1.a p.pdf Item 4
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28 Resolution No. 2022-__
Adopted November 1, 2022
RESOLUTION NO. 202 2-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY
APPROVING A SECOND AMENDMENT TO THE MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF SUISUN CITY AND THE SUISUN CITY MANAGEMENT & PROFESSIONAL EMPLOYEES’ ASSOCIATION EFFECTIVE JULY 1, 2021 THROUGH JUNE 30, 2023, TO AMEND MOU PROVISIONS
PERTAINING TO JOB CLASSES REPRESENTED, UNIFORMS AND UNIFORM
ALLOWANCES, FIRE DUTY CHIEF PAY AND IT MANAGER SPECIAL
CIRCUMSTANCE COMPENSATION
WHEREAS, on August 17, 2021, the City Council approved the Memorandum of Understanding between the City of Suisun City (City) and the Suisun City Management & Professional Employees’ Association (SCMPEA), e ffective July 1, 2021 through June 30, 2023 (SCMPEA MOU 2021-23) with the adoption of Resolution No. 2021-81; and WHEREAS, on April 5, 2022, the City Council approved a First Amendment to the SCMPEA MOU 2021-23 with the adoption of resolution No. 2022-53; and WHEREAS, the City and SC MPEA’s authorized labor relations representatives met and conferred in good faith pursuant to the requirements of the Meyers -Milias-Brown Act (MMBA)(Gov’t Code Sections 3500-3511) regarding certain proposed modifications in the SCMPEA MOU 2021-23 pertaining to job classes represented, uniforms and uniform allowances, Duty Chief Pay and IT Manager Special Circumstance Compensation; and WHEREAS, the foregoing proposed modifications to the SCMPEA MOU 2021-2-23 have been ratified by SCMEPEA membership; and
WHEREAS, the City Council now desire s to accept, approve, and adopt the Second Amendment to the SCMPEA MOU 2021-23 (attached hereto as Exhibit “A”); and WHEREAS, any additional costs of the Second Amendment to the SCMPEA MOU 2021- 23 will not require additional budget appropriations for this fiscal year.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Suisun City as follows:
Section 1. The recitals set forth above are true and correct and incorporated herein by this reference.
Section 2. The Second Amendment to the SCMPEA MOU 2021-23, attached hereto as Exhibit “A,” is hereby accepted, approved, and adopted.
Section 3. Effective Date. The various elements of this Resolution are effective retroactive as follows:
• IT Manager Special Circumstance Compensation is effective October 1, 2022; and
• Duty Chief Pay for the Deputy Fire Chief is effective April 1, 2022; and
Item 4
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28 Resolution No. 2022-__
Adopted November 1, 2022
• Uniform Allowances is effective July 19, 2022.
PASSED AND ADOPTED at a Regular Meeting of said City Council of the City of Suisun City duly held on Tuesday, the 5th day of April 2022, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
WITNESS my hand and the seal of said City this 1st day of November 2022.
Anita Skinner
City Clerk
Exhibit A: Second Amendment to the SC MPEA MOU 2021-23
Item 4
Attachment 1
10 SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SUISUN CITY AND THE SUISUN CITY MANAGEMENT & PROFESSIONAL EMPLOYEES’ ASSOCIATION EFFECTIVE JULY 1, 2021 THROUGH JUNE 30, 2023
This Second Amendment to the Memorandum of Understanding between the City of Suisun City and the Suisun City Management & Professional Employees’ Association effective July 1, 2021 through June 30, 2023 (SCMPEA MOU 2021-23) is made and entered into by and between the City of Suisun City, a municipal corporation (City), and the Suisun City Management & Professional Employees’ Association (SCMPEA).
R E C I T A L S:
WHEREAS, on August 17, 2021, the City Council approved the SCMPEA MOU 2021-23 with the adoption of Resolution No. 2021-81;
WHEREAS, on April 5, 2022, the City Council approved the First Amendment to the SCMPEA MOU 2021-23 with the adoption of Resolution No. 2022-53; WHEREAS, the City and SCMPEA’s authorized labor relations representatives met and conferred in good faith pursuant to the requirements of the Meyers-Milias-Brown Act (MMBA), Gov’t Code Sections 3500-3511, regarding certain modifications to the SCMPEA MOU 2021-23; WHEREAS, the City and SCMPEA now desire to amend the SCMPEA MOU 2021-23 to either add or modify job classes represented, uniforms and uniform allowances, Duty Chief Pay and IT Manager special circumstance compensation provisions of the SCMPEA MOU 2021-23, which modified terms were ratified by the SCMPEA membership and then signed by the parties.
NOW, THEREFORE, it is hereby agreed that the SCMPEA MOU 2021-23 is amended in the following particulars only made effective as indicated:
Article I, Section 1 of the SCMPEA MOU 2021-23, entitled “Job Classes Represented,” shall be amended effective retroactive to July 19, 2022, to read as follows (Additions in bold italics):
1. Job Classes Represented. The City recognizes SCMPEA as the exclusive representative for the Professional/Technical Employees bargaining unit consisting of the following Regular, Professional/Technical, Management Classes which should properly be assigned to this bargaining unit by the City, such exclusive representation being subject to and qualified by Employee rights under applicable local, state, and federal law to be represented by the Recognized Employee Organization of their choice:
Represented Job Classes
Accountant
Accounting Services Manager
Assistant/Associate Engineer- Associate
Assistant/Associate Engineer-Assistant
Item 4
Attachment 1.a
11 SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SUISUN CITY AND THE SUISUN CITY MANAGEMENT & PROFESSIONAL EMPLOYEES’ ASSOCIATION EFFECTIVE JULY 1, 2021 THROUGH JUNE 30, 2023
2 Assistant/Associate Planner-Assistant
Assistant/Associate Planner-Associate
Building Inspection Services Manager
City Engineer
Deputy Fire Chief
Dispatch/Records Supervisor
Financial Services Manager
Fire Captain
Division Fire Chief
Fire Marshall
Housing Manager
IT Services Manager
Management Analyst I/II-I
Management Analyst I/II-II
Marina & Waterfront Events Manager
Marketing Manager
Police Commander
Police Support Services Manager
Principal Planner
Project Manager
Public Works Superintendent
Public Works Supervisor
Recreation Supervisor
Secretary to City Manager/Deputy City Clerk (C)
Senior Accountant
Senior Associate Engineer
Senior Building Inspector
Senior Planner
Article VII of the SCMPEA MOU 2021-23 entitled “COMPENSATION,” shall be amended effective retroactive to October 1, 2022, to read as follows (additions in bold italics):
6. Special Circumstances – IT Manager . The IT Manager will receive extra compensation at the rate of time and a half for actual hours worked outside of normal scheduled work hours when required to respond afterhours, including nights, weekends, and holidays, to critical emergencies, such as but not limited to public safety, server or infrastructure issues, as authorized by the Department Director. The IT Manager will not be compensated for hours worked in addition to scheduled work hours performing general duties which may extend the workday. Compensation for afterhours response will cease / sunset June 30, 2023, at midnight.
Item 4
Attachment 1.a
12 SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SUISUN CITY AND THE SUISUN CITY MANAGEMENT & PROFESSIONAL EMPLOYEES’ ASSOCIATION EFFECTIVE JULY 1, 2021 THROUGH JUNE 30, 2023
3 [Re
number the rest of this section due to the new “Special Circumstances – IT Manager” section.]
Article VII of the SCMPEA MOU 2021-23 entitled “COMPENSATION,” shall be amended effective retroactive to April 1, 2022, to read as follows (deletions in strikethrough; additions in bold italics):
6. 8. Fire Duty Chief Standby Pay. Due to the City’s inability to afford full-time staff to serve as a Fire Duty Chief for each 24-hour shift, Fire Division Fire Chiefs and Deputy Fire Chiefs may be assigned to serve as Fire Duty Chief on a standby basis in addition to regular hours worked, typically overnight and on regularly scheduled days off. Effective retroactive to July 1, 2020, Fire Division Fire Chiefs and Deputy Fire Chiefs assigned to serve as Duty Chief shall receive non-pensionable Fire Duty Chief Standby Pay per assigned shift as follows: $200 per weekday evening shift (5:01 p.m. to 8:29 a.m.), $200 per weekend day shift (8:30 a.m. to 8:29 p.m.), and $200 per weekend evening shift j(8:30 p.m. to 8:29 a.m.). It is expected that such assignment would be made on a monthly basis taking the form of a rotation between participants to reduce the burden on any single individual and to distribute evenly the assignment to the maximum extent possible. The Fire Chief may share in this assignment rotation. For example, if three Employees were to share Fire Duty Chief responsibilities, each would be assigned 10 days spread over a 30-day month, adjusted appropriately for months of greater of lesser days. Employees must be scheduled for Fire Duty Chief Standby in such a manner as to ensure at least two-consecutive days off (e.g., no regular or standby work assignment) each week of a month to the maximum extent possible. The Fire Chief shall have the sole ability to schedule the Fire Duty Chief assignments based on staffing, budget, and operational discretion as he/she sees fit, but shall not assign him/herself any greater participation than assigned to any single Fire Division Fire Chief or Deputy Fire Chief to the maximum extent possible and/or mutually agreed upon allotment between the Chief Officers.
Article XI, Section 1 of the SCMPEA MOU 2021-23 entitled “Uniform Allowances,” shall be amended effective retroactive to July 19, 2022, to read as follows (additions in bold italics):
1. Uniform Allowances. Annually the City shall pay those Employees required to wear uniforms in the performance of their duties as follows:
Job Class Total
Police Commander $1300
Deputy Fire Chief $1300
Division Fire Chief $1300
Fire Captain $1300
Police Support Services Manager $900
Fire Marshall $1300
Dispatch/Records Supervisor $900
Uniform allowance will be paid on the regular paychecks of a pro-rata basis, equally divided across each of the 26 paychecks.
Item 4
Attachment 1.a
13 SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SUISUN CITY AND THE SUISUN CITY MANAGEMENT & PROFESSIONAL EMPLOYEES’ ASSOCIATION EFFECTIVE JULY 1, 2021 THROUGH JUNE 30, 2023
4 The rep
resentatives of the City and of the SCMPEA have jointly prepared this Second Amendment to the SCMPEA MOU 2021-23, and jointly presented to City Council of the City of Suisun City for determination pursuant to Government Code section 3505.1. Except as expressly provided for in this Second Amendment to the SCMPEA MOU 2021-23, all other provisions of the SCMPEA MOU 2021-23 and the First Amendment of the SCMPEA MOU 2021-23 shall remain in full force and effect. The parties also acknowledge that this Second Amendment to the SCMPEA MOU 2021-23 shall not be in full force and effect until adopted by resolution by the City Council of the City of Suisun City. Subject to the foregoing and in witness whereof, this Second Amendment is hereby executed by the authorized representatives of the City and the SCMPEA and entered into as of this 31
st day of October 2022.
IT IS SO AGREED:
[SIGNATURES ON NEXT PAGE]
Item 4
Attachment 1.a
14 SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SUISUN CITY AND THE SUISUN CITY MANAGEMENT & PROFESSIONAL EMPLOYEES’ ASSOCIATION EFFECTIVE JULY 1, 2021 THROUGH JUNE 30, 2023
5 For The City: For SCMPEA:
Gregory Folsom Mary LaPlante, Managing Labor Representative City Manager City Employee Associates
Kris Lofthus Daniel Healy, SCMPEA President
Deputy City Manager
Chritina Penland Jeffrey Downey, SCMPEA Vice President
Human Resources Administrator
Amber Kent, SCMPEA Secretary
Approved as to form
Aleshire & Wynder, LLP
______________________________
Elena Q. Gerli, City Attorney
aniel Healy
SCMPEA
Signature:
Email:
Signature:
Email:
Signature:
Email:
Mary LaPlante (Oct 20, 2022 11:09 PDT)
Mary LaPlante
Mary LaPlante
[email protected]
Jeff Downey (Oct 20, 2022 12:02 PDT)
Jeff Downey
Jeff Downey
[email protected]
Amber Kent (Oct 20, 2022 12:51 PDT)
Amber Kent
[email protected]
Item 4
Attachment 1.a
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Item 4
Attachment 1.a
17 THIS PAGE INTENTIONALLY LEFT BLANK
18 AGENDA TRANSMITTAL
MEETING DATE: November 1, 2022
CITY AGENDA ITEM: Council Adoption of Resolution No. 2022-__: Approving the Suisun City Marina Annual Dock Maintenance and Inspection Services and Authorizing the City Manager to enter into an agreement with Bellingham Marine to Perform the Services.
FISCAL IMPACT: The FY 2022-23 budget includes an appropriation of $76,987.00 in Recognized Obligations Payment Schedule (ROPS) funding for this project and will not impact the General Fund.
STRATEGIC PLAN: Ensure Public Safety, Enhance Environment
BACKGROUND: Due to safety concerns, as well as for extending the life of the east and west dock system, there needs to be an annual dock maintenance program in place. This contract will allow for a more stable walking environment and allow the proper rise and fall of the docking system and associated gangways.
On October 18, 2019, the City issued an RFP for annual maintenance and inspection services for a 5- year period, contracted annually with single year agreements. Bellingham Marine was the only proposer. Bellingham Marine was the design/build contractor for the original marina facility.
Maintenance work for the first and second year have been completed to staff’s satisfaction.
STAFF REPORT: Staff is asking Council to consider funding the third year of the annual maintenance agreement which will cover additional maintenance/repair work, including replacement and repairs to broken whalers, fenders, and floats, as well as supplemental floatation needed, resulting in a contract amount of $76,987.00. The cost for this third year has been pre-approved through the ROPS process by the Solano Consolidated Oversight Board and will be covered by ROPS funding. The vendor will identify additional items that will be requested for funding through next year’s ROPS funding process.
As a part of this year’s contract, Bellingham Marina will complete the following work:
Pre-Maintenance Walk-Through:
Visually check for miscellaneous items including:
Missing & Loose screws/hardware
Uneven or loose wood connections
End boards & Fascia for breaks/impact damage
Fendering for loose/missing nails
Corner Bumpers
Grounding issues
Low Freeboard conditions
Rub blocks or rollers for tightness/wear
Substation Cabinets
Locked Transformers
Check door closures and latches
Visually check pedestal/power center doors
Item 5
19 Visually check pedestal/power center anchoring
Visually check pedestal/power center receptacles if accessible. Note dangerous conditions.
Check G Cables for damage and potential rub spots.
Check Kellum Grips.
Check low level lighting.
Check Fire Cabinets/ Fire Department Connections/ Standpipes Visually check for leaks in cabinets or hose bibs
Check water lines for strapping/drooping lines
Check Fire Extinguisher dates, notify owner if out of date Visually inspect dock flex lines for wear, leak, corrosion Check gangway shoremount bracket for sign of wear
Check gangway dock guides, wheel, or rub blocks for wear
Maintenance Work will be performed as follows:
Level and straighten walkways and fingers for the floating dock system Tighten all triangle frames in finger-walk connection.
Check for loose cleats, and tighten as necessary
Additional Maintenance work required is shown in Attachment 2.
All work is to begin no later than 15 calendar days after the award of the contract. The contractor shall diligently prosecute the work to completion, including corrective punch list items before the expiration of 45 working days.
STAFF RECOMMENDATION: It is recommended that the City Council Adopt Resolution No. 2022- __: Approving the Suisun City Marina Annual Dock Maintenance and Inspection Services and Authorizing the City Manager to Enter into an Agreement with Bellingham Marine to Perform the Services.
DOCUMENTS ATTACHED:
1. Resolution No. 2022-__: Approving the Suisun City Marina Annual Dock Maintenance and Inspection Services, and Authorizing the City Manager to Enter into an Agreement with Bellingham Marine to Perform the Services
2. Marina Bellingham Marine Maintenance Agreement
PREPARED BY: Kris Lofthus, Deputy City Manager
REVIEWED BY: Kris Lofthus, Deputy City Manager
APPROVED BY: Kris Lofthus, Deputy City Manager
ATTACHMENTS:
Consent - Annual Dock Maintenance and Inspection Services RESO - Attach 1 p.pdf Consent - Annual Dock Maintenance City of Suisun Maintenance_Year 3 of 5 Attach 2.pdf Item 5
20 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 RESOLUTION NO. 2022 -
RESOLUTION OF THE CITY COUNCIL OF TH E CI TY OF SUISUN CITY
APPROVING THE SUISUN CITY MARI NA ANNUAL DOCK MAINTENANCE AND I
NSPECTION SERVICES AND AUTHORIZING THE CITY MANAGER TO EN TER
INTO AN AGREEMENT WITH BELLINGHAM MARINE TO PERFORM THE
SERVICES
WHEREAS, the City of Suisun City has interest in providing a safe env ironment f or our boating public; and
WHEREAS, Regular scheduled maintenance will increase the life of the marina dock systems; and
WHEREAS, this proj ect will allow for a more stable walking environment and a
llowing the proper rise and fall of the docking system and associated gangways; and WHEREAS, the current budget includes an appropriation of $76,987.00 for this project funded through the Recognized Obligation Payment Schedule (ROPS); and NOW,
THEREFORE, BE IT RESOLVED that the City Council of the City of Suisun
City hereby authorizes the City Manager take all steps necessary to effectuate and execute an agreement with Bellingham Marine to perform the marina dock inspection services.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Suisun
City duly held on Tuesday, the 1st day of November 2022, by the following vote:
AYES
: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
WI
TNESS my hand and the seal of said City this 1st of November, 2022.
Ani ta Skinner
City Clerk
Item 5
Attachment 1
21 THIS PAGE INTENTIONALLY LEFT BLANK
22 Bellingham Marine 8810 Sparling Lane (707) 678-2385 Industries, Inc. Dixon, CA 95620 FAX (707) 678-1760 CA License #442499 www.bellingham-marine.com
Federal Tax ID #91-0141770
LETTER AGREEMENT FOR MAINTENANCE AND INSPECTION
Year 3 of 5
December 7, 2021
Ms. Janet Hull
City of Suisun
800 Kellog Street
Suisun City, CA 94585
Reference: City of Suisun RFP- Annual Maintenance and Inspection Services for Floating Concrete Dock System
Thank you for the opportunity to allow Bellingham Marine to prepare a response package for the City of Suisun Floating Dock System Annual Inspection and Maintenance RFP. As the design/build contractor for the original marina facility, we are very familiar with the site. Our commitment is to allow you to enjoy the same high level of quality and value that we have provided throughout the years and that we have provided to thousands of customers for the past six decades.
Regarding Item No. 5 of the Proposal Requirements, Bellingham Marine has not experienced any such termination for default or early termination in the past five (5) years.
This Letter Agreement for Maintenance and Inspection (“Agreement”) is entered into between Suisun City Marina ("Owner"), and Bellingham Marine Industries, Inc. ("Contractor"), for inspection and maintenance for a period of 5 years of the floating concrete dock system at Suisun City Marina (“the "Facility").
The Owner and the Contractor agree as follows:
1. CONDITIONS- For the purpose of this quote, BMI has made assumptions which are noted herein. This proposal is subject to the assumptions listed below. Any variation to these assumptions may result in adjustments to the proposed pricing in Section 4.
We have developed this proposal with the intent of working with the City in good faith to negotiate a mutually agreeable contract with your team.
This proposal is based on a 5 year agreement and is year 3 of 5.
2. SCOPE OF WORK- INCLUSIONS: The following services are included in this Agreement:
2.1 Pre-Maintenance Walk-Through. Approximately 1 month in advance of annual maintenance service, a Project Manager will visit the marina and prepare a list of items that are not covered in the maintenace contract with priced recommendations on how to correct issues. At such time, the o wner may incorporate suggestions into this Agreement via change order to be completed at the time of the annual maintenance service. Project Manager will:
• Visually check for miscellaneous items including:
o Missing & Loose screws/hardware
o Uneven or loose wood connections
o End boards & Fascia for breaks/impact damage
o Fendering for loose/missing nails
o Corner Bumpers
o Grounding issues
o Low Freeboard conditions
o Rub blocks or rollers for tightness/wear
Item 5
Attachment 2
23 Bellingham Marine- City of Suisun – 5 Year Annual Inspection and Maintenance Page 2
o Substation Cabinets
o Locked Transformers
o Check door closures and latches
o Verify all panels in place
o Visually check pedestal/power center doors
o Visually check pedestal/power center anchoring
o Visually check pedestal/power center receptacles if accessible. Note dangerous conditions. o Check G Cables for damage and potential rub spots.
o Check Kellum Grips.
o Check low level lighting.
o Check Fire Cabinets/ Fire Department Connections/ Standpipes o Visually check for leaks in cabinets or hose bibs
o Check water lines for strapping/drooping lines
o Check Fire Extinguisher dates, notify owner if out of date o Visually inspect dock flex lines for wear, leak, corrosion o Check gangway shoremount bracket for sign of wear
o Check gangway dock guides, wheel, or rub blocks for wear
2.2 Maintenance Work will be performed as follows:
• Level and straighten walkways and fingers for the floating dock system, as much as practical. • Tighten all triangle frames in finger-walk connection. • Check for loose cleats, and tighten as necessary.
• Maintenance labor is based on adequate access to the dock systems hardware. Dock ladders, and other boater accessories that impede the work must be removed by others from work area. • In addition to the above, maintenance work will be performed in accordance to the inspection log noted on Attachment A.
2.3 Maintenance Documentation : R eport will be furnished including a detailed log of maintenance work completed during each annual visit. Areas of concern will be noted for the Owner to pay attention to over the course of the following year.
2.4 Prevailing Wage Labor Rates.
2.5 USL&H Insurance, as required by Federal Law for all work over a U.S. Navigable Waterway .
3. Services and items not specifically included in Section 1 above are specifically excluded from this Agreement. Excluded items include, but are not limited to, the following:
3.1 Maintenance or repairs to fire systems, electrical systems, potable water systems or other utility systems.
3.2 Any dock hardware, major structural repairs, patching, deck treat ment, supplemental floatation, gangways, gates, or piers.
3.3 Inspection and/or maintenance of any portion of the flotation syst em which was not manufactured and installed by BMI.
3.4 Site visits requested by Owner (not including annual walk-through) regarding issues that are found NOT to be covered under the warranty will be billed on an hourly basis plus travel expenses (See Section 4).
3.5 Bonds.
4. Fees. The fee for the annual inspection and maintenance set forth by this contract is $76,987.00. This includes the additional work noted on Attachment A from the inspection completed in November 2021.
Item 5
Attachment 2
24 Bellingham Marine- City of Suisun – 5 Year Annual Inspection and Maintenance Page 3
5. Schedule. Inspection and maintenance will be performed upon receipt of written authorization from Owner to proceed with the Work.
6. Payment. Contractor shall invoice Owner for each annual inspection and maintenance upon its completion. Payment shall be due net cash ten (10) days from receipt of invoice. Method of payment to be approved by Contractor's credit department prior to commencement of services. Interest will be charged on past due accounts at 18% per annum, or at the highest non- usurious commercial rate allowable by state law or provided by state statute, w hichever is less. If Contractor is required to employ an attorney to collect any amount due as a result of the default of Owner, the Owner shall pay all costs of collection, including reasonable attorney's fees and court costs.
7. Materials Supplied. All parts, components, and supplies supplied hereunder to maintain the f acility shall be furnished by Contractor on an exchange basis, and the removed parts and/or components shall become the property of Contractor upon removal. Any parts, components, equipment, or supplies supplied by Contractor hereunder may, at Contractor's option, be either new or reconditioned, but in any case, they shall meet or exceed the specifications for the replaced part, component, equipment, or supply.
8. Warranty. Contractor warrants to Owner that all services will be performed in a good, workmanlike manner and that repaired or replaced parts or components will be free from defects in material and workmanship until the termination of this Agreement or one (1) year from the date of the service, whichever occurs first. Contractor's sole obligation under this warranty shall be to repair any item in the Facility which is covered by this warranty that is repairable, or, at its option, to refurbish, overhaul, rebuild, replace, or issue a credit or refund for any item in the Facility which is covered by this warranty that has been reported to Contractor as defective in material or workmanship by Owner and which has been determined by Contractor to be defective, provided that the Owner has complied with all of the terms and conditions of this Agreement. Failure of the Owner to promptly notify Contractor of a defect or malfunction will void the warranty, as will product misuse or neglect, use that is not considered "normal" under this Agreement, or if any other terms or conditions of this Agreement are violated. THE ABOVE IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY CONTRACTOR. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY: (A) IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; OR (B) IMPLIED WARRANTY OR CONDITION ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. UNDER NO CIRCUMSTANCES SHALL CONTRACTOR HAVE ANY LIABILITY FOR
CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, OR FOR LOSS OF PROFITS OR ANY SIMILAR DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CONTRACTOR SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED BY A DELAY IN FURNISHING OF MAINTENANCE OR INSPECTION SERVICES UNDER THIS AGREEMENT. Owner specifically acknowledges and agrees that Contractor's obligations hereunder are strictly that of a provider of services, and not as a vendor of goods or as a merchant.
9. Limitation of Liability and Hold Har mless: Unless otherwise expressly stated, these Services do not include testing or inspection intended to discover or analyze soil or water conditions, hazardous materials, electrical or mechanical systems, sewage disposal or water systems, or the suitability of the design and construction of the marina to withstand fire, flood, windstorm and wave action or other casualty, and we disclaim any responsibility to advise you of any conditions related thereto. S ervices performed hereunder do not constitute a warranty or guarantee concerning any condition, and BMI’s fee for services has been determined accordingly. If Owner or any third party claims that BMI is liable for negligent performance of Services hereunder or for any other reason Owner claims that BMI has not fully satisfied its obligations under this Agreement, it is expressly agreed that BMI’s liability to Owner is exclusively limited to the Fee paid under this Agreement. The Services performed hereunder are not intended to be performed for the benefit or use of any party other than the Owner , and Owner agrees to indemnity and hold harmless from any claim made by any third party relating in any way to the Service provided hereunder.
10. Modifications or Damage to the Facility. Owner shall be responsible for use, care, and cleaning of the Facility in accordance with instructions provided. All risk of loss or damage to the Facility, except that caused by the negligence of Contractor, shall be the responsibility of Owner at all times. If the Facility is changed, mo dified, altered, or damaged Item 5
Attachment 2
25 Bellingham Marine- City of Suisun – 5 Year Annual Inspection and Maintenance Page 4
in any respect by any party other than as a result of Contractor's negligence during the term of this Agreement, then, at the option of Contractor, this Agreement shall be terminated. Absent such termination, Contractor shall gi ve Owner written notice of the change, modification, alteration, or damage, and Owner shall promptly correct the change, modification, alternation, or damage, or adjust the price payable hereunder to cover any increased costs to Contractor.
11. Access. During the term of this Agreement, Owner will allow access to all of the Facility and to all devices which are part of or associated with the Facility. Contractor will use its best efforts to coordinate annual inspection visits with Owner to minimize operational interruptions. In the event Contractor is denied or prevented from gaining access to the Facility, Contractor's obligations under this Agreement shall be suspended until the act, omission, or condition affecting access is remedied. If Contractor is den ied or prevented from gaining access to the Facility as a result of an act or omission of Owner, Contractor shall be entitled to be paid for any visit which it is required to make as a result of such denial or prevention at its then standard rate for labor, material, and travel.
12. Assessment and Adjustments. Owner agrees to assume full responsibility for any present or future taxes or any other government charges now or hereafter imposed by existing or future laws in connection with the transfer, use, ownership, or possession of any of the Facility.
13. Additional Devices. Owner agrees not to employ additional attachments, features, or devices to the Facility, make alterations to the Facility, or permit the maintenance of the Facility by other than Contractor's personnel without the written consent of Contractor. Contractor shall not be liable for loss or damage to Owner resulting from unauthorized additional attachments, and Owner shall be liable to Contractor for any repair or damage costs incurred by Contractor as a result of the addition of unauthorized attachments. In ad dition, the warranty contained herein shall be null and void and of no force and effect if any provision of this paragraph is violated.
14. Arbitration. All controversies, disputes, or claims of whatever nature arising out of, in connection with, or in relation to the interpretation, from performance or breach of this Agreement, including any claim based on contract, tort, or statute, shall be resolved, at the request of either B MI or Owner, by final and binding arbitration administered by and in accordance with the then existing Construction Industry Rules of the American Arbitration Association, and judgment upon any award rendered by the Arbitrator(s) may be entered by any state or federal court having jurisdiction thereof.
The arbitrator shall determi ne which is the prevailing party and shall include in the award that party's reasonable attorney's fees and costs.
15. Agreement. This Agreement represents the entire agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral.
This Agreement entered into as of the day and year first contract is executed between both parties .
City of Suisun Bellingham Marine Industries, Inc.
By: By:
Title: Title:
Date: Date: ______________
Attachment A
Item 5
Attachment 2
26 Bellingham Marine- City of Suisun – 5 Year Annual Inspection and Maintenance Page 5
Item 5
Attachment 2
27 THIS PAGE INTENTIONALLY LEFT BLANK
28 AGENDA TRANSMITTAL
MEETING DATE: November 1, 2022
CITY AGENDA ITEM: Council Adoption of Council Resolution 2022-___: A Resolution of Intention to Annex Territory to Community Facilities District and to Authorize the Levy of Special Taxes Therein (Caterpillar Clubhouse).
FISCAL IMPACT: There would be no impact to the General Fund from this item. The cost of the annexation process is covered by developer supplied funds. The Annexation of the Caterpillar Clubhouse into Community Facilities District No. 2 meets the fiscal criteria as established by Resolution No. 2005-69 Cost Recovery Policy for New Development, dated October 4, 2005. The Community Facilities District is intended to offset Municipal Service costs, including administrative costs, thereby reducing the negative fiscal impact of new development on the City’s General Fund.
STRATEGIC PLAN: Provide Good Governance and Ensure Public Safety.
BACKGROUND: As part of the Caterpillar Clubhouse conditions of approval, the developer is required to mitigate the impact on City Services due to the new development. In accordance with the development conditions imposed on development project, the landowner is annexing to Community Facility District No. 2 to offset municipal service costs for police, fire, paramedics.
STAFF REPORT: The first step in the legislative process for annexation of the Caterpillar Clubhouse into Community Facility District No. 2 is for Council to pass a Resolution of Intention.
STAFF RECOMMENDATION: It is recommended that the City Council Adopt Resolution No. 2022- __: A Resolution of Intention to Annex Territory to Community Facilities District and to Authorize the Levy of Special Taxes Therein.
DOCUMENTS ATTACHED:
1. Resolution No. 2022-___: A Resolution of Intention to Annex Territory to Community Facilities District and to Authorize the Levy of Special Taxes Therein (Caterpillar Clubhouse).
2. Boundary Map.
3. Community Facilities District #2 Rate and Method of Apportionment.
PREPARED BY: Amanda Dum, Management Analyst II
REVIEWED BY: Nouae Vue, Director Public Works
APPROVED BY: Kris Lofthus, Deputy City Manager
ATTACHMENTS:
Consent - Caterpillar Clubhouse CFD#2 Annexation Reso Atttachment 1 p.pdf Consent - Caterpillar Clubhouse CFD #2 Annexation Boundary Map Attachment 2.pdf Consent - Caterpillar Clubhouse CFD #2 Annexation RMA attachment 3.pdf Item 6
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28 RESOLUTION NO. 2022-
A RESOLUTION OF INTENTION TO ANNEX TERRITORY TO
COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE
LEVY OF SPECIAL TAXES THEREIN (CATERPILLAR CLUBHOUSE)
Annexation No. 13 (Caterpillar Clubhouse)
RESOLVED by the City Council (the “Council”) of the City of Suisun City (the “City”), County of Solano, State of California, that:
WHEREAS, this Council has conducted proceedings to establish Community Facilities District No. 2 (Municipal Services) (the “CFD”) pursuant to the Mello -Roos Community Facilities Act of 1 982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code; and WHEREAS, under the Act, this Council, as the legislative body for the CFD, is empowered with the authority to annex territory to the CFD, and now desires to undertake proceedings to annex territory to the CFD.
NOW, THEREFORE, IT IS HEREBY ORDERED as follows:
1. Findings. This Council hereby finds and determines that public convenience and necessity require that territory be added to the CFD.
2. Territory Described . The name of the existing CFD is “City of Suisun City Community Facilities District No. 2 (Municipal Services).” The ter ritory originally included in the existing CFD is set forth in the map of the CFD heretofore recorded in the Solano County Recorder’s Office on October 27, 2005, in Book 23 at Page 60 of Maps of Assessment and Community Facilities Districts, to which map r eference is hereby made, as such map has been supplemented in connection with subsequent annexations.
The territory now proposed to be annexed to the CFD is as shown on the Annexation Map for the captioned Annexation No. 13 ( Caterpillar Clubhouse) to the CFD, on file with the Clerk, the boundaries of which territory are hereby preliminarily approved and to which map reference is hereby made for further particulars . The City Clerk is hereby directed to cause to be recorded such Annexation Map, showing the territory to be annexed, in the office of the County Recorder of the County of Solano within 15 days of the date of adoption of this resolution.
3. The Services. The types of public services financed by the CFD and pursuant to the Act consist of those municipal services (the “Services”) as described in Exhibit A to the Resolution of Formation with respect to the CFD adopted by the Council as Resolution No. 2005-89 on November 15, 2005 (the “Resolution of Formation”) . It is presently intended that the Services will be provided, without preference or priority, to the e xisting territory in the CFD and the territory proposed to be annexed to the CFD.
Item 6
Attachment 1
31 Resolution No. 2022-
Adopted November 1, 2022
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4. Special Tax. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a special tax sufficient to pay the costs thereof is intended to be levied annually within the CFD and collected in the same manner as ordinary ad valorem property taxes.
The special tax proposed to pay for Services to be supplied within the territory proposed to be annexed will be equal to the special taxes levied to pay for the same Services in the CFD, except that a higher or lower tax may be levied within the territory proposed to be annexed or to be annexed in the future to the extent that the actual cost of providing the Services in that territory is higher or lower than the cost of providing those Services in the CFD.
The proposed rate and method of apportionment of the special tax among the parcels of real property within the CFD, as now in existence and following the annexation proposed herein, in sufficient detail to allow each landowner within the territory proposed to be annexed to the CFD to estimate the maximum amount such owner will have to pay, are described in the Rate and Method.
5. Hearing. Tuesday, December 6, 2022, at 6:30 p.m. or as soon as possible thereafter, in the City Hall, Council Chambers, 701 Civic Center Boulevard, Suisun City, California, be, and the same are hereby appointed and fixed as the time and place when and where this Council, as legislative body for the CFD, will conduct a public hearing on the matters described in this Resolution.
6. Notice. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation in the area of the CFD, including the area to be annexed to the CFD . T he publication of said notice shall be completed at least 7 days before the date herein set for said hearing . The City Clerk may also cause a copy of such notice and a copy of this Resolution to be mailed to each landowner within the territory proposed t o be annexed, which notice, and resolution shall be mailed at least 15 days before the date of said hearing. Such notice shall be substantially in the form specified in Section 53339.4 of the Act, with a summary form specifically authorized.
7. Effective Date. This Resolution shall take effect upon its adoption. * * * * * *
PASSED AND ADOPTED a t a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 1
st day of November 2022, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
WITNESS my hand and the seal of said City this 1st day of November 2022.
Anita Skinner
City Clerk
Item 6
Attachment 1
32 Annexation Map No. 13 of City of Suisun City
Community Facilities District No. 2 (Municipal Services) R E F E R E N C E I S H E R E B Y M A D E T O T H A T C E R T A I N M A P E N T I T L E D P R O P O S E D B O U N D A R I E S O F C I T Y O F S U I S U N C I T Y C O M M U N I T Y F A C I L I T I E S D I S T R I C T N O . 2 ( M U N I C I P A L S E R V I C E S ) , C O U N T Y O F S O L A N O , S T A T E O F C A L I F O R N I A ,