Agenda packet — Suisun City City Council, November 29, 2022

DEPARTMENTS: 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
TUESDAY, NOVEMBER 29, 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 Member s Jane Day, M ichael 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.

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: 884 4423 5129
CALL IN PHONE NUMBER: (707) 438-1720

REMOTE 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

CONFLICT 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 29, 2022 City Council 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 California Government Code Section 54950 the Suisun City Council will hold a Closed Session for the purpose of:

C
ity Council

1. C ONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION D
iscussion 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.).

NVENE 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.

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 29, 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: 885 0860 1835
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 – 150)
Next Suisun City Council Acting as Successor Agency Res. No. SA2022 – 07) (Next Housing Authority Res. No. HA2022 – 03)
1 City Manager/Executive Director/Staff
Proclamations Presented at Meeting
2 Proclamation Proclaiming November 2022 as "Native American Heritage Month" in Suisun City - (Hernandez: [email protected]).

Presentation
3 Presentation by Jared Neumayr, President/CEO, Fairfield Suisun Chamber of Commerce. 4 Council/Boardmembers Updates
Housing Authority
5 Housing Authority Adoption of Resolution No. HA 2022- ____: A Resolution of the Housing Authority of the City of Suisun City for Approval of the Second Amendment to the November 2, 2021 Disposition and Development Agreement with Harbor Park LLC for the Sale and Development of APNs 0032-101-420 and 0032-102-160 (Almond Gardens), in the City of Suisun City – (Bermudez: [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).

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 NONE
Consent calendar items requiring little or no discussion may be acted upon with one motion.

PUBLIC HEARING
City Council
6 Council Adoption of Resolution No. 2022-___: A Resolution of the City Council of the City of Suisun City Finding the Use of Live/Work Units to be Consistent with the Approved Lawler Mixed Use Planned Unit Development (PUD) Project (East of Lawler Center Drive and Between Anderson Drive and McCoy Creek Way, Assessor’s Parcel Number 0173-670- 390) – (Bermudez: [email protected]).
7 Discussion and Direction – Trash and Illegal Dumping – (Folsom: [email protected]). 8 Non-Discussion Items

GENERAL BUSINESS
REPORTS: (Informational items only)

PLEASE NOTE:

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, 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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WHEREAS. the ''Native American Heritage Month�' has been established at the national and state levels with proclamations and celebrations to recognize the diverse cultures, traditions, histories, significant contributions, and present day lives of Native Americans; and WHEREAS, there are 574 federally recognized tribes within the US, according to the Bureau oflndian Affairs, and each tribe has its own culture and traditions. Native American customs and traditions must be respected and celebrated as a part of o�r rich le� acy and be protected and preserved; and ·WHEREAS, Solano County was occupied for many centuries by Native Americans who called themselves "Patwins" with some of the Patwin village names having survived phonetically in Solano County in such modem place names as Suisun. Soscol, Ulatis. and Putah; and WHEREAS, the City of Suisun City recognizes we sit on the territory of the Patwin, the ancestral and unceded land of the people of the Suisunes and Patwin of the Wintun nation. We acknowledge the history and legacy of this land and pay respect to the elders both past and present; and WHEREAS, like most indigenous people throughout the United States,·the.Patwin people were forced from their ancestral lands onto rancherias during the early 1900s, where they currently reside, as citizens of three sovereign, federally recognized tribal governments, today known as the Yocha Dehe Wintun Nation. Kletsel Dehe Band ofWintun Indians, and Cachil Dehe Band ofWintun Indians� and WHEREAS, from generation to generation, they handed down invaluable cultural knowledge and rich traditions, which continue to thrive in Native American communities across our c,ountry today. During National Native American Heritage Month, we honor and celebrate their importance to our great Nation and our world; and ' '
WHEREAS, today we honor the Yocha Dehe Wintun Nation who are the historicati nhabitants of the Capay Valley who serve Solano County and Suisun City by providing historical and contemporary achievements and contributions of Native Americans and who support their people and community by strengthening their culture, stewarding their land and creating positive economic impacts and security for future generations; and NOW, THEREFORE, I, Alma Hernandez, Mayor Pro Tern of the City of Suisun City, hereby proclaim the month ofNovember 2022 as
"Native American Heritage Month"
in the City of Suisun City and encourage residents to join me in this worthy observance. � � �·� � � Atd �
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Alma I-funandez, Mayor pi), Tern
Item 2
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2 ______________________________________________________________________________ PREPARED BY: Jim Bermudez, Development Services Director APPROVED BY: Greg Folsom, City Manager

AGENDA TRANSMITTAL

MEETING
DATE: November 29, 2022
AUTHORITY AGENDA ITEM: PUBLIC HEARING: Housing Authority Resolution No. HA 2022- ____: A Resolution of the Housing Authority of the City of Suisun City for Approval of the Second Amendment to the November 2, 2021 Disposition and Development Agreement with Harbor Park LLC f or the Sale and Development of APNs 0032-101-420 and 0032 -102-160 (Almond Gardens), in the City of Suisun City
FISCAL IMPACT: The City’s approval of the Second Amendment does not have any immediate financial impact on the City.

STRATEGIC PLAN GOALS: Develop Sustainable Economy
BACKGROUND: On November 2, 2022, the Housing Authority of the City of Suisun City (Housing Authority) entered into a Disposition and Development Agreement (DDA) with Harbor Park LLC (Developer) for the disposition of property that is considered part of the Almond Gardens neighborhood. The property has been developed, owned, and operated by the Housing Authority as the Almond Gardens, a 52-unit, multifamily affordable apartment community, since 1962.

To str
engthen the public planning process and reduce the economic costs and risk of development, the Housing Authority and the Developer entered into a DDA in November 2022 with a mutual understanding of the scope and nature of the future development project to be constructed by the Developer. The terms of the DDA ensure a clear understanding and expectation between the City and Developer.

The bas
ic principle of the DDA is for the Applicant to purchase the Almond Gar dens site and redevelop the site to include 52 affordable units, in addition to market rate units. In the DDA, the site plan provided for six apartment buildings each containing 16 apartment units: and one building which will contain the management office and apartment u nit for the manager. The site's construction will occur in phases limiting the displacement of current residents. When construction is complete, all existing residents will have an opportunity to return to the newly constructed units. S ite development of t his rede velopment project still requires Planning Commission approval of planning entitlements.

On August
16, 2022, the Developer requested the Housing Authority make specific changes to the DDA. In accordance with the terms of the DDA, the Developer provided to the City a written request to make modifications to the DDA. After careful consideration of the Developer's request, the Housing Authority approved the First Amendment to the Disposition and Development Agreement.

Item 5
3 A notic
e of public hearing was published as a legal notice in the Daily Republic newspaper.

STAFF RE PORT: The applicant is s eeking a second amendment to the DDA. Part of the changes made to the DDA via the first amendment was extending the due diligence period from 90 to 120 days. This meant, upon execution of the First Amendment (August 2022), the applicant would need to complete all due diligence activities, such as soil studies and technical engineering surveys of the property, and evaluate financing options by December 16, 2022, to determine if the project is feasible. As the end of the due diligence period approaches, the a pplicant has conducted evaluations of the soil conditions, reviewed soil stability design solutions, and found that the design solutions to construct the project far exceeded the project's available financing. In light of the site assessment, the applicant has expressed that absent additional funding sources, the redevelopment of the project site could face delays, or the DDA could even expire. As such, the applicant is seeking an extension of the due diligence period for an additional two ye ars to consider and secure funding options such as California Tax Credit Allocation financing or a similar program.

Staf
f supports the applicant's request to extend the due diligence period. The applicant has indicated that he will pursue tax credit financing with the C alifornia Tax Credit Allocation Committee (TCAC) to assist with financing the project. Tax credit financing aims to facilitate the investment of private capital into the development of affordable rental housing for low - income projects. The intent is for a private development to provide equity to build the projects in return for the tax credits. TCAC will verify that the developer has met all the progra m requirements and ensure the developments' continued affordability and habitability for the succeeding 55 years.

Moving for
ward, the applicant shall have twelve months from execution of the Second Amendment to review the property, complete due diligence documents, and apply for tax credit financing. The tax credit financing program awards funding in annual cyc les, typically the first quarter of the calendar year. In this instance, if the developer has applied f or but not received a tax credit award during the initial feasibility period, the applicant shall have the option to extend the due diligence period for an additional twelve -month period. The applicant can exercise this option to extend the twelve -month period by providing thirty days' notice to the Housing Authority.

Revis
ed Disposition and Development Agreement attachments.

Revised Attachment 4. Revised Schedule of Performance
Concl
usion
The requested time extension of the due diligence period for two years is consistent with the purposes of the DDA. It will facilitate the completion of the project in a timely manner.

CEQA ANALYSIS: The City's approval of the Second Amendment does not constitute approval by the City of any development of the Property or other activity on the Property that would have a direct or reasonably foreseeable indirect environmental impact under the California Environmental Item 5
4 Quality
Act. Devel oper’s future use or development of the Property is ex pressly conditioned on CEQA compliance.

RECOMMENDATION: It is recommended that the City Council:

1. Open the Public Hearing.

2. Take Public comment.

3. Close the Public Hearing.

4. Adopt Resolution No. 2022-___: A Resolution of the Housing Authority of the City of Suisun City for Approval of the Second Amendment to the November 2, 2021 Disposition and Development Agreement with Harbor Park LLC For the Sale and Development of APNs 0032-101- 420 and 0032-102- 160 (Almond Gardens), in the City of Suisun City
ATTACHMENTS:

1. Resolution No. 2022-___: A Resolution of the Housing Authority of the City of Suisun City for Approval of the Second Amendment to the November 2, 2021, Disposition and Development Agreement with Harbor Park LLC for the Sale and Development of APNs 0032-101-420 And 0032-102-160 (Almond Gardens), in the City of Suisun City

2. Draft Amendment No. 2 to the Disposition and Development Agre ement regarding t he Almond Gardens Apartments property dated November 2, 2022, located at APN 0032- 101-420 and 0032-102-160, in the City of Suisun City

3. PowerPoint Presentation
Item 5
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RESOLUTION NO. HA 2022-

A RESOL

UTION OF THE HOUSING AUTHORITY OF THE CITY OF

SUISUN CITY FOR APPROVAL OF THE SECOND AMENDMENT TO
THE NOVEMBER 2, 2021 DISPOSITION AND DEVELOPMENT

AGREEMENT WITH HARBOR PARK LLC FOR THE SALE AND
DEVELOPMENT OF APNS 0032-101-420 AND 0032-102-160 (ALMOND

GARDENS), IN THE CITY OF SUISUN CITY
WHERE
AS, the City of Suisun City Housing Authority, as the housing successor to the Suisun City Redevelopment Agency, owns certain developed real property identified as APN 0032-101-420 and 0032-102-160 at 707-815 Almond Street (Property). The Property is developed with a 52- unit multi-family affordable housing development commonly known as “Almond Gardens,” some of which are currently occupied.

WHERE
AS, the Almond Gardens development is seriously impaired by soil stability and subsidence problems due to its locati on in a flood plain, which has made some of the buildings unsafe and threatens other buildings.

WHERE
AS, due to the condition of the existing facilities, a number of the units cannot be leased or occupied.

WHERE
AS, it has been determined that it is not financially feasible for the Housing Authority to repair the existing facilities, as the repairs would also require that the building pad be raised to above the floodplain.

WHERE
AS, pursuant to Resolution No. HA 2021-03, Authority and Developer entered into a Disposition and Development Agreement dated November 2, 2021 (“Original DDA”), for the sale and development of the Property.

WHERE
AS, in accordance with the Original DDA, Developer proposed to purchase the Site, demolish the Existing Facilities in phases, relocate the 38 existing tenants in phases, and prepare the site to elevate it above the flood plain appropriately to permit construction of 7 new buildings on the Property (collectively, the “Project”). As part of the Project, Developer agreed to relocate the existing tenants in phases until the new facilities have been constructed, after which the relocated existing tenants may have the right to be relocated to the new facilities.

WHERE
AS, pursuant to Resolution HA 2022-02, Authority and Developer executed the First Amendment to the Disposition and Development Agreement dated November 2, 2021 (“Original DDA”), for the sale and development of the Property.

WHERE
AS, pursuant to Resolution HA 2022-02, Authority and Developer am ended the Original DDA to increase the total number of units to 99, with 52 units still subject to an affordability covenant per the Original DDA, and the remaining 47 units being market-rate units, which requires a new site plan and other revisions to the Original DDA. The number of units may increase if Developer avails itself of the Bonus Density Law, codified in Section 65915 of the Government Code.

Item 5
Attachment 1
7 Resolution No. HA 2022-

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WHEREAS, pursuant to Resolution HA 2022-02, the due diligence period was modified, increasing the period from 90 days to 120 days.

WHERE
AS, the due diligence period expires on December 16, 2022, and the Authority and Developer approve an extension of the due diligence period for twelve months to pursue tax credit financing opportunities during this initial feasibility period, if not successful securing financing, the Developer can exercise an option to extend the feasibility period an additional twelve months by providing the Authority thirty days’ notice.

WHERE
AS, the Developer agrees with the terms of Amendment No. 2 to the DDA.

WHERE
AS, the Authority finds that t his Project is in the best and vital interests of Authority and the City of Suisun City, and the health, safety and welfare of the existing tenants, who will be relocated into newly built units, the residents and taxpayers in the City, and is in accord with the public purposes and provisions of applicable state and local laws. Construction of the Project will provide additional jobs and will provide affordable housing in accordance with the purposes and goals of Authority. The Authority further finds that Amendment No. 2 to the DDA is consistent with the purposes of the DDA and will further the development of the Project.

WHERE
AS, a notice was published in the Daily Republic on November 18, 2022 and sent out to interested parties, announcing the Housing Authority’s consideration of the Second Amendment to the DDA at a public hearing on November 29, 2022.

WHERE
AS, on November 29, 2022, the Housing Authority of the City of Suisun City considered the testimony of the Developer and the public, the staff report and all accompanying documents, and all other relevant evidence provided, and adopted Resolution No. HA 2022- _____, approving Amendment No. 2 to the DDA.

NOW,
THEREFORE, the Housing Authority of the City of Suisun City does resolve as follows:

1. The abo
ve recitals are true and correct, and are incorporated herein by reference.

2. Amendm
ent No. 2 to the Disposition and Development Agreement between the Housing Authority of the City of Suisun City and Harbor Park LLC is approved, subject to and conditioned upon the following: (i) Amendment No. 2 to the DDA must be in final form approved by the Authority Director and Authority Counsel; and (ii) within five (5) days of adoption of this Resolution, the Developer must execute three (3) copies of Amendment No. 2, and deliver same to Housing Authority together with all related documents and the initial deposit as required by Amendment No. 2.

3. The p
roceeds from the sale of the Property, net of the cost of sale, shall be set aside in a separate fund and used directly to assist a housing project for persons of low income.

4. The H
ousing Authority Board finds that pursuant to the Class 32 “in- fill” categorical exemption (CEQA Guideline Section 15332), this Project is exempt from environmental review, because the project is defined as an in-fill development project, located Item 5
Attachment 1
8 Resolution No. HA 2022-

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on no more than five acres, has no native vegetation or watercourses present on site, can be adequately served by all required utilities and public services, and the existing street networ k has adequate capacity to accommodate the anticipated traffic from the proposed Project.

5. The E
xecutive Director of the Housing Authority is empowered to execute the agreement in substantially the form attached hereto. The Executive Director, in consul tation with the Housing Authority Counsel, may make changes to the documents as may be needed to ensure internal consistency and to reflect the Housing Authority’s approval herein.

PASSE
D AND ADOPTED at the Regular Meeting of the Housing Authority of the City of Suisun City duly held on Tuesday, the 29 th day of November 2022, by the following vote:

AYES: Bo
ard Directors:

NOES: Board Directors:

ABSENT: Board Directors:

ABSTAIN: Board Directors:

WITNES
S my hand and the seal of said Authority this 29th day of November 2022.

Anita Skinner
Housing Authority Secretary
Item 5
Attachment 1
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SECOND

AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT
This Second Amendment to Disposition and Development Agreement ("Second Amendment") is entered into on November 29, 2022 ("Effective Date"), by and between the SUISUN CITY HOUSING AUTHORITY , a publi c body, corporate and politic ("Authority"), and HARBOR PARK, LLC, a California Limited Liability Company ("Developer").

RECITALS
A. Pursuant to Housing Authority Resolution No. 2021- 03, Authority and Developer entered into a Disposition and Development Agreement dated November 2, 2021 (“Original DDA”), for the sale and development of Authority’s real property located at 707- 815 Almond Street in the City of Suisun City constituting Assessor’s Parcel Numbers 0032- 101-420 and 0032- 102-160 (“ Site”) to Developer. The Site currently is improved with thirteen ( 13) apartment buildings some of which are occupied or partially occupied (“Existing Facilities”).

B. In accordance with the Original DDA , Developer originally proposed to purchase the Site, demolish the Existing Facilities in phases, relocate the thirty-eight (38) existing tenants (“Existing Tenants”) in phases, and prepare the Site to elevate it above the flood plain appropriately to permit construction of seven ( 7) new buildings on the Site (“New Facilities”) (collectively the “Project”). As part of the Project, Developer agreed to relocate the Existing Tenants in phases until the New Facilities have been constructed, after which the relocated Existing Tenants may have the right to be relocated to the New Facilities.

C. On August 16, 2022, the Authority and Developer entered into that certain First Amendment to Disposition and Development Agreement (“First Amendment ”) which increased the total number of Units to a minimum of ninety -nine (99) with fifty-two (52) Rest ricted Units and the remaining forty-seven ( 47) Units being Unrestricted Units and incorporated a new site plan and other revisions to the Original DDA . The parties also updated a number of other provisions in the Original DDA including clarifying the transf er restrictions, Developer’s relocation obligations, and certain other matters as set forth t herein. Additionally, the First Amendment extended the due diligence period to December 15, 2022.

D. Developer has indicated that due to rising costs of construction, it has teamed up with an affordable housing developer to apply for federal tax credit financing. The next application period is anticipated to be in early 2023. Projects typically do not receive a tax credit award as a result of their first application and rather have to resubmit the application a number of times. Developer , therefore, anticipates it may need to re -submit their application numerous times during 2023 and possibly in early 2024. The tax credit application process is laborious and cost ly, and, therefore. Developer has requested the D ue Diligence Period be extended for up to two (2) additional years to allow them the opportunity to obtain the tax credit award.

E. The Housing Authority has a strong interest in ensuring that the Project secur ed tax credit financing so that the affordable units are re- built and available to low Item 5
Attachment 2
11 01107.0013/838816.1 2
income r
esidents.

F. Therefore, the parties wish to enter into this S econd Amendment to extend the due diligence period for up to two (2) additional years under certain circumstances and amend the Closing Date.

NOW, THEREFORE, based upon the foregoing recitals and the terms, conditions, covenants, and agreements contained herein, the parties hereto agree as follows:

1. Recitals . The for egoing recitals are true and correct and incorporated herein by reference.

2. Defined Terms. Defin ed terms shall have the same meaning as set forth in the Original DDA as modified by the First Amendment (“Existing DDA”). In the event of a conflict, the definition in this First Amendment control.

3. Effective Date. T his Second Amendment shall be effective on the date the Authority Board has approved and executed this Second Amendment as evidenced by the date on the signature page of this Second Amendment (“Second Amendment Effective Date”).

4. Modifications/Amendm
ent. As of the Amen dment Effective Date, the
Existing DDA is amended and modified as follows:

A. Section 200 Definitions. Section 200 is amended to substitute the following term
and delete the prior definition:
“§ 224 Feasibility Period. The term “ Feasibility Period ” shall mean the time period provided in Section 401 during which time Developer shall determine whether the physical condition of the Site is suitable for Developer’s intended use in accordance with this Agreement AND for Developer to obtain tax credit financing for the Project.” “§ 254 Schedule of Performance. The t
erm “Schedule of Performance ”
shall mean the Schedule of Performance attached hereto as Second Amendment Revised Attachment No. 4” and incorporated herein by reference.

B. Section 401 Feas ibility Period. Section 401 is deleted in its entirety and the following is substituted in its place and stead:
“As soon as practicable after the Amendment Effective Date, Authority shall deliver to Developer any and all documents related to the S ite which it has in its possession and control including all Existing Leases, all Existing Contracts, a rent roll (which shall include any defaults and security deposits), and any other reports regarding the Site in Authority’s possession (“ Due Diligence Documents”). Due Diligence Documents shall not include the title information which shall be governed pursuant to Section 408.

Developer shall have a period of twelve (12) months from the Second Amendment Effective D ate to review the Property and Due Diligen ce Documents and apply for tax credit financing (“Feasibility Period ”).

Item 5
Attachment 2
12 01107.0013/838816.1 3
Developer
shall diligently apply for tax credit financing from the Second Amendment Effective Date for each tax credit application period and shall provide copies of all such applicati ons to Authority. If Developer has applied but not received a tax credit award during the initial Feasibility Period, Developer shall have the option to extend the Feasibility Period for an additional twelve (12) month period provided that Developer exercises t he option to extend by delivering written notice to Authority at least thirty (30) days prior to the expiration of the initial Feasibility Period together with copies of the tax credit applications and proof that the it did not receive the tax credit award (“Extension Exercise Notice”).

If Developer is awarded tax credits, Developer shall promptly provide notice of such award to Authority.

During the Feasibility Period, Developer shall also have the right and duty to inspect the physical condition of the Site for the Project and, at its sole cost and expense, cost to conduct such engineering, feasibility studies, soils tests, environmental studies and other investigations as Developer, in its sole discretion, may desire, to permit Developer to determine the suitability of the Sit e for the uses permitted by this Agreement to conduct such other review and investigation which Developer deems appropriate to satisfy itself to acquire the Site. Developer shall further have the right to make an examination of all lic enses, permits, authorizations, approvals and governmental regulations which affect the Site, including zoning and land use issues and conditions imposed upon the Site by governmental agencies.

During the Feasibility Period, Developer shall have acc ess t o the Site provided it complies with the provisions of Section 409.4.

Developer shall notify Authority on or before the end of the Feasibility Period, in writing, whether Developer has approved or disapproved the results of its investigation, such approval or disapproval to be given or withheld in Developer's reasonable discretion. If Developer disapproves the results of its investigations, such disapproval shall terminate the Agreement, in which case the Deposit will be returned to Developer as speci fied in Section 405, and the parties shall have no further obligations to the other under this Agreement. If Developer approves the results of its investigations, this Agreement shall remain in full force and effect, the Deposit shall become non-refundable (except in the case of a ma terial Default by Authority), and the parties hereto shall have all of the rights and obligations as set forth herein. Failure of Developer to notify Authority of its approval or disapproval before the end of the Feasibility Per iod s hall be conclusively deemed Developer’s disapproval hereunder.

During the Due Diligence Period, Authority shall prepare for Developer’s approval the exhibits to both the Assignment of Contracts and the Assignment of Leases.”

5. Authority to Execute . The p erson(s) executing this First Amendment on behalf of Developer represent and warrant that : (i) Developer is duly organized and Item 5
Attachment 2
13 01107.0013/838816.1 4
exist
ing under the laws of California; (ii) they are duly authorized to execute and deliver this First Amendment on behalf of Developer; (iii) upon execution, this First Amendment is binding upon Developer ; and (iv) entering into of this First Amendment does not violate any provision of any other agreement to which Developer is bound.

6. Separate Entities. Developer acknowledges th at the Authority is a s eparate entity from the City and approvals by one entity does not bind the other entity.

7. Full Force and Effect. E xcept as specifically provided in this Second Amendment, the terms of the Existing DDA shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date first written above.

DEVELOPER: AUTHORITY:

HARBOR PARK, LLC, a California limited
liability company
By: ____
____________________
Camran Nojoomi
Manager
SUISUN CITY HOUSING AUTHORITY, a
public body, corporate and politic
By: __________________________
Alma Hernandez, Vice Chair
“Second
Amendment Effective Date”
Dated: __
______________, 2022
ATTEST:
______
______________________
Anita Skinner, Authority Secretary
Approved as
to form:

ALES

HIRE & WYNDER, LLP
By: ___________________________
Elena Q. Gerli, Authority Counsel
Item 5
Attachment 2
14 01107.0013/838816.1 1

SECOND R
EVISED ATTACHMENT NO. 4

SCHEDULE OF PERFORMANCE

ITEM TO BE PERFORMED TIME FOR PERFORMANCE

1. Developer executes 3 copies of the Second
Amendment and delivers same to Authority.

Prior to the public hearing
specified in Event 2

2. Authority holds public hearing on Second
Amendm
ent and approves and executes the Second
Amendment (“Second Amendment Effective
Date”)
On or before November 29,
2022.

3. Authority executes 3 copies of Second Amendment
and delivers 1 copy to Escrow Holder and 1 copy to
Developer.

Within three (3) days of Second
Amendment Effective Date

4. Authority provides copies of all Due Dil igence
Documents which triggers commencement of the
Feasibility Period (“Feasibility Period”)
Previously completed

5. Developer continues, in its discretion, to physically inspect and conduct environmental investigations on
the Site and perform all due diligence it requires.

During Feasibility Period

6. Title Company delivers Preliminary Report to
Developer
W
ithin 7 days after Opening of
Escrow.

7. Developer approves or disapproves title exceptions
on Preli
minary Report
Within 30 days after Event 6.

8. Authority notifies Developer w hether Authority will cure any disapproved exceptions
Within 15 days of Event 7.

9. Developer prepares and submits to City and
Author
ity preliminary plans, drawings and
specifications in accordance with Concept Drawings
and Site Plan, including architectural theme and
treatment for the entire Site.

Within 5 days of
commencement of Feasibility
Period

10. City and Authority approves Preliminary Drawings Withi n 15 days of Event 9.

11. Developer diligently pursues application for
approvals
for the Project.

Within 10 days of Event 10.

Item 5
Attachment 2
15 01107.0013/838816.1 2

ITEM TO BE PERFORMED TIME FOR PERFORMANCE

12. Developer diligently applies for tax credit financing during eac
h application period of 2023 and provides
a copy to Authority.

Prior to the expiration of each
tax credit application period
during initial Feasibility Period

13. Developer completes its due diligence and issues its approval or
disapproval of the Site.

Prior to end of Feasibility
Period.

14. If Developer has not received the tax credit award, Developer
delivers the Extension Exercise Notice
Prior to expiration of original
Feasibility Period.

15. Developer delivers balance of Additional Deposit to Escrow

Prior to end of existing
Feasibility Period.

16. Developer obtains all necessary permits and
approvals
for the Project.

Within 180 days after Event 11.

17. Escrow Agent gives noti ce of fees, charges, costs
and documents to close Escrow.
3 days prior to Closing

18. Deposits into Escrow by Authority: See below
a) Grant D eed On or before 1 business day
preceding the Closing Date
b) Regulat ory Agreement On or before 1 business day
preceding the Closing Date
c) Estop pel certificate On or before 1 business day
preceding the Closing Date
d) Taxpayer ID Certificate Prior to Closing Date

19. Deposits into Escrow by Developer: See below
a) Esto ppel Certificate On or before 1 business day
preceding the Closing Date
b) Certificate of Acceptance (to be attached to
the Grant Deed)
On or before 1 business day
preceding the Closing Date
c) Regulat ory Agreement On or before 1 business day
preceding the Closing Date
d) Taxpayer ID Ce rtificate Prior to Closing Date

20. Close of Escrow with recordation of Grant Deed and
Regulator
y Agreement and delivery of documents
and monies (Close of Escrow)
Within 30 days after Event 15
Item 5
Attachment 2
16 01107.0013/838816.1 3

ITEM TO BE PERFORMED TIME FOR PERFORMANCE

21. Developer relocates Existing Tenants for the
applicable phas
e.

Prior to commencement of
construction of the applicable
phase.

22. Construction commences and Developer diligently
pursues t
o completion
Not later than the 60 days
following Event 21

23. Developer completes construction of improvements
of the p
hase and obtains a certificate of occupancy
for the buildings in the applicable phase.

Within five (5) months of
commencement of construction
of the phase.

24. Developer relocates Existing Tenants into the
complet
ed improvements as applicable
Within 10 days of Event 23.

25. Developer completes all improvements for the
Projec
t and certificate of occupancy has been issued
for all the Improvements
Within 2 years of the Close of
Escrow.

26. Authority issues Certificate of Completion. Within 15 days of Developer’s request after Event 25.

It is und erstood that the foregoing Schedule of Performance is subject to all of the terms and conditions set forth in the Agreement, as amended by the First and Second Amendments (collectively, the “Agreement”) . The summary of the items of performance in this Schedule of Performance is not intended to supersede or modify the more complete description in the text of the Agreement; in the event of any conflict or inconsistency between this Schedule of Performance and the text of the Agreement, the text shall govern.

The time periods set forth in this Schedule of Performance may be altered or amended only by written agreement signed by both Developer and Authority. A failure by either party to enforce a breach of any particular time provision sh all not be construed as a waiver of any other time provision. The Executive Director of Authority shall have authority to approve extensions of time without Authority Board action not to exceed a cumulative total of one hundred eighty (180) days as provided in Section 803.

Item 5
Attachment 2
17 THIS PAGE INTENTIONALLY LEFT BLANK
18 Almond Gardens –H a r b o r Park LLC. Disposition and Development Agreement Amendment No. 2
CITY OF SUISUN CITY , HOUSING AUTHORITY
NOVEMBER 29, 2022
Background
• Almond Gardens Existing Condition
• Harbor Park LLC.
• Disposition and Development Agreement
1 2
Item 5
Attachment 3
19 DDA Amendments
•Site findings/due diligence work
•Due diligence period modified
City Council Action
Recommended that the Housing Authority Board adopt the
Resolution authorizing the City Manager to execute the Second Amendment to the Disposition and Development Agreement with Harbor Park LLC.
3 4
Item 5
Attachment 3
20 ______________________________________________________________________________ PREPARED BY: John Kearns, Principal Planner
REVIEWED BY: Jim Bermudez, Development Services Director APPROVED BY: Greg Folsom, City Manager

AGENDA TRANSMITTAL

MEETING
DATE: November 29, 2022
CITY AGENDA ITEM: PUBLIC HEARING: Council Adoption of Resolution No. 2022-___: A Resolution of the City Council of the City of Suisun City Finding the Use of Live/Work Units to be Consistent with the Approved Lawler Mixed Use Planned Unit Development (PUD) Project (East of Lawler Center Drive and Between Anderson Drive and McCoy Creek Way, Assessor’s Parcel Number 0173-670-390)
FISCAL IMPACT: As discussed when the Lawler Mixed Use Project was approved in January 2020, the project will have a positive impact to the General Fund. The proposed project is required to annex into Community Facilities District No. 2 (or equivalent). Additionally, the project would generate increased sales tax and property tax for the property.

STRATEGIC PLAN IMPACT: Develop Sustainable Economy.

BACKGROUND: The City Council approved the Planned Unit Development (PUD) for the Lawler Mixed Use Project in January 2020 which permitted a four-story apartment project and 7,200 square feet (two 3,600 square feet buildings) of commercial retail space which faces Lawler Center Drive between Anderson Drive and McCoy Creek Way (Assessor’s Parcel Number 0173-670-390). Since that time, the project received its building permits during the summer of 2021 and construction has been on-going.

Over t
he course of construction, the applicant/property owner (Ashria LLC) has been working diligently with real estate professionals to lease out the commercial spaces. This effort has proven to be a challenge raising concerns that the programmed commercial lease space may be unoccupied when the residential use is completed and may remain vacant for an extended period.

As th
e applicant has come to a crossroads, he has begun exploring an option of transitioning from commercial retail to live/work. As found in Attachment 2, the applicant has captured the outreach and marketing efforts that he and his team have undertaken over the past several months in order to bring viable commercial uses to the property. Anything other than pure commercial uses would differ from the approval of the original project in January 2020, thus the need for the City Council to hold this discussion and take action on the subject request.

A notic
e of public hearing was published as a legal notice in the Daily Republic newspaper.

STAFF REPORT: The applicant has provided a written background of efforts to lease the retail spaces as well as a request to have the flexibility to pivot to a “Plan B” of building out the spaces as six live/work units (three each per building) if leasing activity for the retail does not come to fruition. As stated in the request from the applicant, perfecting leases with commercial retail users remains his primary objective, but he is seeking more flexibility w ith the allowance of live/work (which is an allowed land use in the zoning district, but not contemplated in approved PUD). The Item 6
21 request is supported by revised plans (Attachment 3) showing how the property would build out under the live/work scenario.

For the be
nefit of the City Council, below is the live/work definition from Title 18 “Zoning” of the municipal code:
"Live-Work unit." A building or spaces within a building that is used jointly for commercial and residential purposes, where the resident owner or employee of the business is responsible for the commercial activity performed, and where the commercial activity conducted is subject to a valid business license associated with the premises.

The Live/Work concept has been applied in at least two areas in the city to -date: (1) Delta Cove in the downtown area; and (2) Gray Hawk just southwest of the subject project site. It offers the opportunity to live and work out of the same geographic location and has been found to have benefits for smaller busi ness ventures that may struggle in other retail settings.

Applicant Request
Staff has extracted an excerpt from the applicant ’s request (Attachment 2) which is intended to convey efforts to date and the intended approach for building out the spaces:
“In order
to launch a comprehensive marketing campaign to locate tenants for the commercial buildings in the Lawler Mixed apartments, I first hired a local broker for four months, (McGuire Real Estate) and then I switched to Turton Commercial Real Estate which had a regional and national reach to market the commercial buildings.

Turton pr
epared an impressive marketing brochure (a copy of which is attached) and launched a comprehensive search for local and national tenants. During one year of marketing, a few prospects that have not gone beyond initial inquiry have approached the project who haven’t had either the previous experience, the necessary capital, or both to pursue the business concept they were contemplating.

As the
economy is slowing down, finding a prospect for a new restaurant and bar in a secondary market will be less likely. I need to begin to think about P lan B, as carrying 7,200 S.F. of empty shell building will be a significant financial drag on an apartment project that will be competing in the luxury apartment market from Suisun for the first time.

Suisun has a
history of introducing projects that are unique in design that have successfully captured the imagination of the market.

We are
pursuing several potential tenants, in the hopes of consummating leases for variety of uses.

My keen interest is to occupy the commercial spaces with tenants that serve the apartment complex and the neighborhood as whole. However, if none or only a couple small ones come through, I need to have a Plan B.”
Trans
ition from Commercial to Live/Work
The primary objective of the applicant is to find suitable tenants that maximize the project's available commercial area. A Live/Work solution may be different from the developer's original intention. Still, due to current market conditions, a transition to the Live/Work option relieves the applicant from carrying the costs of vacant commercial space. Live/Work happens to be permitted, but as previously stated, it was not contemplated in the approved PUD. The applicant is seeking Item 6
22 flexibility to potentially transition to this land use type due to already significant time, and extensive marketing campaigns which has provided no leads or options. While a transition to Live/Work may be seen as a perfect opportunity to fill the commercial area with smaller scale users, the outcome of allowing Live/Work to the PUD could be seen as a short-term solution, with significant consequence to the City's stock of available commercial area.

Convers
ely, staff is approached occasionally by smaller businesses looking for smaller-scale sites, so scaling down the commercial area to smaller units could benefit start- up and pop-up-type businesses. That said, there are cases in the city where smaller commercial space sites are vacant, such as the suites in the downtown waterfront area of the city. Live/Work would be expected to generate less sales tax revenue versus commercial retail. Additionally, if the spaces are allowed for Live/Work, it will likely be challenging to transition back to pure commercial use.

Should the
City Council find that Live/Work in this area is acceptable and consistent with the Planned Unit Development, t he applicant would then apply for a tenant improvement building permit, as the building shell has already been constructed.

Options
: 1. Approve the amendment to the PUD.

2. Reject the amendment to the PUD.

3. Send to the Planning Commission for their recommendation to Council.

California Environmental Quality Act (CEQA)
The project was found to be exempt from CEQA under CEQA Guidelines Section 15183 (Consistency with a General Plan, Community Plan, or Zoning for Which an EIR was Prepared) with the original project approval. This exemption applies to projects that are consistent with the General Plan. Section 15183 (i)(2) of the CEQA Guidelines defines “consistency” as “that density of the proposed project is the same or less than the standard expressed for the involved parcel in the general plan…or zoning action for which an EIR has been certified, and that the project complies with the density -related standards contained in that plan or zoning.” The flexibility of allowing live/works units in place of the formerly approved commercial retail spaces does not change the analysis.

RECOMMENDATION: It is recommended that the City Council:

1. Open the Public Hearing.

2. Take Public comment.

3. Close the Public Hearing.

4. A dopt Resolution No. 2022-___: A Resolution of the City Council of the City of Suisun City Finding the Use of Live/Work Units to be Consistent with the Approved Lawl er Mixed Use Planned Unit Development (PUD) Project (East of Lawler Center Drive and Between Anderson Drive and McCoy Creek Way, Assessor’s Parcel Number 0173-670-390)

ATTACHM
ENTS:

1. Resolution No. 2022- ___: A Resolution of the City Council of the City of Suisun City Finding the Use of Live/Work Units to be Consistent with the Approved Lawlor Mixed Use Planned Unit Development (PUD) Project (East of Lawler Center Drive and Between Anderson Drive and McCoy Creek Way, Assessor’s Parcel Number 0173-670-390)

2. Applicant Request w/Marketing Brochure

3. Revised Project Plans

4. PowerPoint Presentation
Item 6
23 THIS PAGE INTENTIONALLY LEFT BLANK
24 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 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SUISUN CITY FINDING THE USE OF LIVE/WORK UNITS TO BE

CONSISTENT WITH THE APPROVED LAWLER MIXED USE

PLANNED UNIT DEVELOPMENT (PUD) PROJECT (EAST OF

LAWLER CENTER DRIVE AND BETWEEN ANDERSON DRIVE AND
MCCOY CREEK WAY, ASSESSOR’S PARCEL NUMBER
0173-670-390)
WHERE
AS, Ashria, LLC. (hereinafter referred to as Applicant) filed an application and was granted a Planned Unit Development Permit for a mixed use project on property located east of Lawler Center Drive between Anderson Drive and McCoy Creek Way on January 14, 2020; and
WHEREAS, the project was granted a building permit and the construction has been on-going since the Summer of 2021; and
WHEREAS, the applicant has requested the flexibility to allow live/work units in place of the formerly entitled commercial retail spaces; and
WHEREAS, the applicant has met all applicable requirements under State law and City ordinances related to this development plan; and
WHEREAS, the City Council is required to review and take final action on this Project; and
WHEREAS, a notice was published in the Daily Republic on November 18, 2022 and sent out to interested parties, announcing the Lawler Mixed Use Project at a public hearing on November 29, 2022.

NOW,
THEREFORE, BE IT RESOLVED that the City Council of the City of Suisun City formerly approved the project and would allow live/work units in place of commercial retail subject to the following findings:

A. The City Council determines that the original Project was adequately analyzed under the provisions of the California Environmental Quality Act (CEQA) and that no further review of the Project under CEQA is required or appropriate.

Finding. T
he project was found to be exempt from CEQA under CEQA Guidelines Section 15183 (Consistency with a General Plan, Community Plan, or Zoning for Which an EIR was Prepared) with the original project approval. This exemption applies to projects that are consistent with the General Plan. Section 15183 (i)(2) of the CEQA Guidelines defines “consistency” as “that density of the proposed project is the same or less than the standard expressed for the involved parcel in the general plan…or zoning action for which an EIR has been certified, and that the project complies with the density- related standards contained in that plan or zoning.” The flexibility of allowing live/works units in place of the formerly approved commercial retail spaces does not change the analysis.

B. The City Council finds that the allowance of live/work units is consistent with the Item 6
Attachment 1
25 Resolution No. 2022-__
Adopted November 29, 2022

Page 2 of 2 ends

1 2
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9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Lawler Mixed Use Planned Unit Development Permit, Precise Development Plan, and Site Plan/Architectural Review as depicted as in the exhibits provided by the applicant.

Findings
:

1. That the establishment, maintenance or operation of a use or building applied for are in conformity to the General Plan for the City with regard to circulation, population densities and distribution, design, and/or other aspects of the General Plan considered by the Development Services Director to be pertinent;

2. That adequate utilities, access roads, pedestrian and bicycle access, drainage, parking, and/or other necessary facilities have been or are being provided;

3. That the applicant exhibits proof that such use will not, under the circumstances of the particular case, constitute a nuisance or be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in or passing through the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city, provided that if any proposed building or use is necessary for the public health, safety or general welfare, the finding shall be to that effect.

4. That the proposed use conforms with all relevant federal, state, and local laws and regulations.

5. The resulting project will not adversely impact existing or planned uses of the properties.

6. The proposal is consistent with the Commercial Mixed Use General Plan and Zoning designations as it would provide commercial and residential uses to the property and make an efficient use of the property that was once vacant.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Suisun City duly held on Tuesday, the 29
th day of November 2022, by the following vote:

AYES: Counc
il Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

WITNES
S my hand and the seal of said City this 29th of November 2022.

Anita Skinner
City Clerk
Item 6
Attachment 1
26 Lawler Center was originally subdivided into several smaller parcels more than three decades ago, in order to attract commercial developments. The commercial activities within this center have been primarily limited to highway-oriented uses along highway 12, namely Jack in the Box, Burger King, Popeyes, Chevron, and Panda Express. The small multi-tenant retail building located between Burger King and Popeyes, along highway 12 has seen tenant turn over and long periods of vacancies since its inception over a decade ago.

A child
care center on one of the interior lots has been in construction for years. A new car wash has recently opened, which enjoys visibility from Highway 12. Unfortunately, the lack of visibility from Highway 12 is a drawback for the rest of the interior lots, in addition to a limited access to the population centers in Suisun City. Suisun’s small population and lack of central location are also among the limiting factors.

In 200
7, Gray Hawk subdivision capitalized on the beauty of the marsh and the commercial designation of the McCoy Creek Way and introduced the first ever “Suburban Work-Live” concept on the most interior property within the Lawler Center. In this project the commercial buildings along McCoy Creek way each were attached to a suburban single-family home that was constructed on a newly created residential street, Gray Hawk Lane. This innovative approach was an intriguing concept that attached buyers in at the outset of the deepest recession of 2007.

Upon 35 y
ears of marketing Suisun, I have learned that the key to successfully prospering alongside a larger competitive neighbor with more advantages is to create projects that are unique in design and offer amenities and features that conventional projects don’t. Examples of such projects include, Victorian Harbor, Harbor Park, and the Mixed-use developments along waterfront.

Given
the history, in order to launch a comprehensive marketing campaign to locate tenants for the commercial buildings in the Lawler Mixed apartments, I first hired a local broker for four months, (McGuire Real Estate) and then I switched to Turton Commercial Real Estate which had a regional and national reach to market the commercial buildings.

Turto
n prepared an impressive marketing brochure (a copy of which is attached) and launched a comprehensive search for local and national tenants. During one year of marketing, a few prospects that have not gone beyond initial inquiry have approached the project who haven’t had either the previous experience, the necessary capital, or both to pursue the business concept they were contemplating.

Item 6
Attachment 2
27 As the
economy is slowing down, finding a prospect for a new restaurant and bar in a secondary market will be less likely. I need to begin to think about plan B, as carrying 7,200 S.F. of empty shell building will be a significant financial drag on an apartment project that will be competing in the luxury apartment market from Suisun for the first time.

Suisun
has a history of introducing projects that are unique in design that have successfully captured the imagination of the market.

We ar
e pursuing several potential tenants, in the hopes of consummating leases for variety of uses. My keen interest is to occupy the commercial spaces with tenants that serve the apartment complex and the neighborhood as whole. However, if none or only a couple small ones come through, I need to have a Plan B.

I have
developed a floor plan layout, which proposes to complete the retail component of the Lawler Mixed Use project as 6 live/work units. I would like to seek the City's approval of this Plan B, in case we can't locate an anchor tenant for the 7,200 sf buildings by the end of this year.

The pro
posed floor plan, though successfully implemented in
Midtown Sacramento, is totally new to the market located between Sacramento and the Bay Area. Again, Suisun will be offering another unique product to its regional market.

Item 6
Attachment 2
28 Item 6
Attachment 2
29 11
l
Item 6
Attachment 2
30 Sutln 111, the •r1J1rty

THE PROPERTY
86,863 , .. 00
Lawler Center, ljle tarrest n fli&hest pr11fll-
1111ed-.1M pn,ject undlr dMlopment In Suis111
City, will ofl• 1nllli001 rttll space fO{ lun ii
• lifn new construct!Gfl apwt11em ta1111111lty
1111 the comer of uwl• C111t• Dnn and AnderSID
Ofi�. easily accmible !f11111 llipty 12. Con
stniction Is scheduled. fcK C0111pletion by the ffll
af 2022.

The !AMlf Ce111lr prqect cmi1ts 11f tl!ftt sep
ante buildilrs Oft 1 2.81 acre site. The 111111
f1111-stcry building has 7S 1part11e11t lla111n witli
on-site a111�ities i.auing an GU!OOC!f pool fife
pits, and �ae deck, The retail is 111 front of
Ifie lllill buildin,. frCHIIIQI uv4ef Cefllet Olive,
CCH11prisi111 twu 3.600 Sljlllfl foot .singl..story
buldilllS witti &laH ,tixehnh - pra1'1infft
00 SF DIVISIBll RE.S
SiaMSI �Olblllitits fe4' tmrlts. Outdoc, b
1111 pati11, IQI IINUlyard. 111d l)ld11t1iu PfSIG
conct 111d crutc s�rty bth11111 tht retail
n 11slt1ents.

Thi 11t.ll off•IIII is illealy tu led hr a wlcll Ya•
riety of um, hiplp\ld l1t rt1ll!,1'111t,. t1le.
blew pub, boutilue, ct11111.-ty.Hl'Vl111 11tali,
Of 11af11111111II fflticn loolinc fO{ r1tlil Ylsill•
ity. Etch 1!11ild•1 c111 1111 1plit 1!11 int, 3 sotder
IPICH apprQi1111tely 12001qtllfe tett Heh« a
CM!binatim thereof. Each space has -400 IIIPS af
elac:tricll PoWlf capability, The Projtc:t Ilsa p111-
viles electric nbicle chaflinl sttti1111S, bic,1:11
loeffls, and abu111tll!I velli.de parklAI,
Tlis 1xcitln1 111W Praperty ls iecated ill Sui$111
Cit,. ,111 exuptic.ial sub111mt in Slllana CN!ty.
13 ES
I.Jfri• Cmt• is a crucat CG1111Kticn bet•n S•
ism City, Fair Field, Ylcnilt. Rio Vi:ila. llld ladl
This PIOject will b1 one of Hie catllyst projects to
,._, (Ullt a r!lima,iled lllestyte IIGII tllt 1N1b
•Y 12 corndcr.

Thi Pnlperty is in tilt 11ildle of • llfllf 1US·
ter-11tand retal Md rHidential CGlll!lllllily,
c:aled l..111111 Ranch. Tht 1111hbomaal includfl
Cle,cent £ltllffllta,ry Scbod, 1111eral well-t11ai11-
tai11ed IMllll!lil\y pMla, and 84,000-ICII S•
isoo Marsh. abllldant with wi�lile 111d 1xt1t1111ly
paPIJlar w u,ame, bicwi:1111, walmi ioeli�
bJNlns, Mid plllitoptPlly,
Bl part of till IIBWHt d!Jvelaplllflflt transft1111il1
SIJi1111City!
Item 6
Attachment 2
31 Item 6
Attachment 2
32 SNlllll 1ft Silt Plani

SITE PLANS
BUILDING 3.600 SF RETAIL
BUILDING B 3.600 SF RETAIL

RETAIL SPACES DIVISIBLE TO

1.200 SF OR 2.4 00 S
AIN BUILDING. 86,863 S

RESIDENTIAL UNITS
D7
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Item 6
Attachment 2
35 Item 6
Attachment 2
36 Stttlaa Fur: T�t Lttatilff

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Item 6
Attachment 2
37 Item 6
Attachment 2
38 ,
Item 6
Attachment 2
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46 47

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48 Lawler Mixed Use
NOVEMBER 29, 2022
Lawler Mixed Use
Former approval
Applicant request
City Council action
1 2
Item 6
Attachment 4
49 Site Plan
Subject Property
Floor Plan
Unit B
Unit AUnit C
3 4
Item 6
Attachment 4
50 City Council Action
The City Council is being asked if the “live/work” land use is consistent with the former approval of commercial retail space which would allow flexibility for the developer . Again, the transition to live/work would be a “Plan B” for the applicant/developer .
5 Item 6
Attachment 4
51 THIS PAGE INTENTIONALLY LEFT BLANK
52 ______________________________________________________________________________ PREPARED BY: Greg Folsom, City Manager

AGENDA TRANSMITTAL
MEETIN
G DATE: November 29, 2022
CITY AGENDA ITEM: Discussion and Direction – Trash and Illegal Dumping.

FISCAL IMPACT: There may be an impact to the General Fund depending upon the direction of Council.
______________________________________________________________________________ STRATEGIC PLAN IMPACT: Provide Good Governance
STAFF REPORT: Council has asked that there be a discussion on ways to help address litter and illegal dumping. Council and staff receive complaints regularly about litter on Highway 12 and illegal dumping on sites throughout the city. Where there is dumping or litter from encampments on city-owned lands, staff is able to go in and clean as staffing allows. Public Works and the Police Department currently coordinate a monthly cleanup on one identified site per month.

Public Works staff also cleans up illegal dumps on the side of the road within the City’s right-of- way as they are identified.

On October 18
th, City Council had a discussion on trash and illegal dumping and asked staff to follow up on the following items for further discussion:
• Signage
• Video surveillance
• Fine structure
• Enforcement (#1 item)
• Lighting
• Fencing
• Locks on trash
• Keeping other agencies we work with accountable (Republic Services, Union Pacific, CalTrans)
• Address funding needs
• Education (how to help our community understand how to be active members in reporting) • Ad Hoc (bring back to hear and identify if an Ad Hoc is appropriate) Staf
f had several internal meetings to discuss these items with the following outcomes:
• Signage: T he cost to install “No Littering” and/or “No Illegal Dumping” type signs on major roadways in Suisun City is approximately $500 per sign. Staff is working with Caltrans to obtain approval to also install “No Littering” and/or garbage truck cover signs along Highway 12.
• Video Surveillance: The law does not allow just lic ense plates as evidence of littering or illegal dumping and must also include recognizable video of the suspect’s face. Due to the minimal chance of video being admissible and the expense of video cameras, as well as the two year l egally required digital storage of data from the cameras, staff does not Item 7
53 ______________________________________________________________________________ PREPARED BY: Greg Folsom, City Manager
recommend this option. “Game cameras” may be a less expensive option, but it will not likely provide admissible evidence.
• Fine Structure: Fines are imposed by the Court as allowed by the CA Penal Code or the CA Vehicle Code:
o CA Penal Code 374.4 states: It is unlawful to litter or cause to be littered in or upon public or private property. A person, firm, or corporation violating this section is guilty of an infraction. A person, firm, or corporation convicted of a violation of this section shall be punished by a mandatory fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) upon a first conviction, by a mandatory fine of not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500) upon a second conviction, and by a mandatory fine of not less than seven hundred fifty dollars ($750) nor more than three thousand dollars ($3,000) upon a third or subsequent conviction. o CA Vehicle Code 23115(a) states: No vehicle transporting garbage, swill, used cans or bottles, wastepapers, waste cardboard, ashes, refuse, trash, or rubbish, or any noisome, nauseous, or offensive matter, or anything being transported for disposal or recycling shall be driven or moved upon any highway unless the load is totally covered in a manner that will prevent the load or any part of the load from spilling or falling from the vehicle. The fixed penalty for this violation is $202 for the first offense. Subsequent violations can be more expensive, but additional fines would be determined by the judge or commisioner presiding over any court proceedings related to a citation issued to the driver of a vehicle. • Enforcement: Chief Roth has instructed his officers to be more dilligent in enforcement of littering, trash flying out of vehicles, or illegal dumping. Chief Roth has also contacted the CHP and Sheriff’s Office and requested that they also be alert to enforcement along Highway 12.
• Lighting: The cost estimate to design and install a streetlight along Railroad Ave just east of Sunset Ave is approximately $45,000 to $55,000 since there are power lines in the area. • Fencing: Staff is looking into vacant property ordinances requiring fencing of vacant properties. The fencing ordinance would also have to be amended to allow chain link fencing in limited situations. Installing approximately 700 feet of K-rail or guardrail along Railroad Avenue east of Sunset to block off one of the most problematic illegal dumping sites could cost between $50,000 to $160,000.
• Locks on Trash: Staff is looking into amending the standards for garbage enclosures for commercial and multi-family properties to make sure that covers and locks are required. • Keeping other agencies accountab le: This is difficult as Suisun City has little to no authority over other agencies, especially Caltrans and the Railroad. We may just need to invoke the squeeky wheel strategy of continually bringing issues to their attention. We have some authority with Republic Services due to our Franchise Agreement, but specific instances of non-compliance will need to be determined and documented. • Address funding needs: In order to significantly address trash, additional funding resources are needed to have the staffing to do so, or trash pick up will need to be priorit ized with Item 7
54 ______________________________________________________________________________ PREPARED BY: Greg Folsom, City Manager
Public Works over the many other responsibilities they have, such as mowing and filling potholes.
• Education: Signage, enforcement, promoting our mobile app. • Ad Hoc: TBD
Staff is looking for direction on what additional actions Council is looking for in addressing trash and illegal dumping in Suisun City.

RECOM
MENDATION: Discuss this item and provide direction to staff.

ATTACHMENTS:

1. PowerPoint Presentation
Item 7
55 THIS PAGE INTENTIONALLY LEFT BLANK
56 Litter and
Illegal Dumping
Discussion
Greg Folsom
City Manager
October 18th Meeting
City Council had a discussion on trash and illegal dumping and asked staff to follow up on the following items for further discussion:
• Signage
• Video surveillance
• Fine structure
• Enforcement (#1 item)
• Lighting
• Fencing
• Locks on trash
• Keeping other agencies we work with accountable
• Address funding needs
• Education
• Ad Hoc
1 2
Item 7
Attachment 1
57 Discussion Items
• Signage:  The cost to install is approximately $500 per sign. • Video Surveillance:  Not recommended due to cost and lack of legal benefit.
• Fine Structure:  Fines are imposed by the Court as allowed by the CA Penal Code or the CA  Vehicle Code:
• Enforcement: Higher level enforcement requested.
• Lighting:  The cost estimate to design and inst all a streetlight along Railroad Ave just east of Sunset Ave is approximately $45,000 to $55,000.

Discussion Items
• Fencing:  Staff is looking into vacant property ordinances requiring fencing of vacant properties. Installing approximately 700 feet of K‐ rail or guardrail along Railroad Avenue east of Sunset to block off one of the most problematic illegal dumping sites could cost between $50,000 and $160,000.
• Locks on Trash:  Staff is looking into amending the st andards for garbage enclosures for commercial and multi‐family properties to make sure that covers and locks are required.
3 4
Item 7
Attachment 1
58 Discussion Items
• Keeping other agencies accountable:  This is difficult as Suisun City has little to no authority over other agencies, especially Caltrans and the Railroad.
• Address funding needs:  More resources needed.
• Education:  Signage, enforcement, promoting our mobile app. • Ad Hoc:  TBD
Direction
• Staff requests direction
5 6
Item 7
Attachment 1
59

Suisun City City CouncilNovember 29, 2022

Suisun City City Council
November 29, 2022