Agenda packet — Suisun City City Council, March 31, 2023

CITY COUNCIL
Alma Hernandez, Mayor
Princess Washington, Mayor Pro Tem
Jenalee Dawson, Member
Amit Pal, 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, APRIL
4, 2023
6:30 PM

Suisun City Council Chambers - 701 Civic Center Boulevard - Suisun City, California

CITY COUNCIL MEETINGS ARE HELD IN-PERSON

PUBLIC PARTICIPATION IS ALSO AVAILABLE VIA ZOOM
ZOOM MEETING INFORMATION:

WEBSITE: https://zoom.us/join
MEETING ID:
861 0626 5010
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), VIA WEBSITE, OR ZOOM CALL IN PHONE NUMBER (707) 438-1720

(If attending the meeting via phone press *9 to raise your hand and *6 to unmute/mute for public comment.)

(Next Ord. No. – 799)
(Next City Council Res. No. 2023 – 32)
Next Suisun City Council Acting as Successor Agency Res. No. SA2023 - 01) (Next Housing Authority Res. No. HA2023 – 02)

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.)

1 1
Council Adoption of Resolution No. 2023-___: A Resolution of the City Council of the City of Suisun City Appointing _________ to the Vacant Councilmember Seat for the Remainder of the Current Term - (City Attorney).

2 City Manager Update - (Folsom: [email protected]).

3 Proclamation (not presented) – (Hernandez: [email protected]). a
.

Proclamation Proclaiming April 2, 2023 as Education and Sharing Day in Suisun City.

4 Proclamations (Presented at Meeting)
a
.

Presentation of Proclamation Proclaiming April 9-15, 2023 as National Public Safety Telecommunications Week - (Roth: [email protected]).
b
.

Presentation of Proclamation Proclaiming the month of April 2023 as Autism Awareness Month – (Lofthus: [email protected]).
c
.

Presentation of Proclamation to Veterans of Foreign Wars (VFW) Auxiliary 2333.

5 Mayoral Appointment of Commissions and Committees - (Hernandez:
[email protected]).
a
.

Approval of Appointments to the Environment & Climate Community Advisory Committee.
b
.

Approval of Appointments to the Public Safety & Emergency Management Community Advisory Committee.
c
.

Approval of Appointments to the General Tax Oversight Committee.

6 Council Appointment of Commissions and Committees.
a
.

Approval of Appointments to the Environment & Climate Community Advisory Committee.
b
.

Approval of Appointments to the Public Safety & Emergency Management Community Advisory Committee.

7 Council/Board Member Updates.

GENERAL BUSINESS

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

2 City Council

8 Council Adoption of Resolution No. 2023-___: Authorizing the Deputy City Manager to Accept Grant Funds from North Bay Regional Center’s Grants for Enhanced Community Integration for Children and Adolescents Program - (Lofthus: [email protected]).

9 Council Adoption of Resolution No. 2023-___: Authorizing the City Manager, to submit a grant application to the Metropolitan Transportation Commission for $200,000 to implement activity for the Suisun City Waterfront District Plan Planned Development Area (PDA) - (Bermudez: [email protected]).

Suisun City Council Acting as Successor Agency

10 Successor Agency to the Redevelopment Agency of Suisun City Adoption of Resolutions Authorizing Deed Restrictions on Agency Owned Real Property as authorized by the Surplus Land Act - (City Attorney).

A
.

Adoption of
Successor
Agency to the Redevelopment Agency of Suisun City
Resolution No. SA2023-___: Authorizing the Execution of a Restrictive Covenant for Certain Successor Agency-Owned Real Property Located at 1240 Kellogg Street in the City of Suisun City (APN: 0032-200-330) as Required by California Department of Housing Community Development.

B
.

Adoption of Successor Agency to the Redevelopment Agency of Suisun City Resolution No. SA2023-___: Authorizing the Execution of a Restrictive Covenant for Certain Successor Agency-Owned Real Property Located at 718 Main Street in the City of Suisun City (APN: 0032-141-130) as Required by California Department of Housing Community Development.

City Council

11 Council Adoption of Resolution No. 2023-__: Opposing AB 480 and Authorizing the Mayor to send in letters of Opposition - (Folsom: [email protected]).

12 Council Adoption of Resolution No. 2023-__: Support SB 747 and Authorizing the Mayor to send in Letters of Support - (Folsom: [email protected]).

Joint City Council / Suisun City Council Acting as Successor Agency / Housing Authority

13 Council/Agency/Authority Approval of the Minutes of the Regular and/or Special Meetings of the Suisun City Council, Suisun City Council Acting as Successor Agency, and Housing Authority held on March 7, 2023 and March 21, 2023 – (Skinner: [email protected]).

Joint City Council / Suisun City Council Acting as Successor Agency

14 Council/Agency Approval of February 2023 Payroll Warrants in the Amount of $626,272.47 and Council/Agency Approval of the February 2023 Accounts Payable Warrants in the Amount of $825,257.03 – (Finance).

CONSENT CALENDAR
Consent calendar items requiring little or no discussion may be acted upon with one motion.

3 15
Council Adoption of Resolution No. 2023-___: Establishing a Citywide Beautification Advisory Committee and Approving a $5,000 Budget for the Committee - (Vue:
[email protected]).

16 Discussion and Direction – Trash and Illegal Dumping - (Vue: [email protected] / City Attorney).

17 Non-Discussion Items.

PUBLIC HEARING

NONE

GENERAL BUSINESS

REPORTS: (Informational items only)

ADJOURNMENT

Public Access To Agenda Documents
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. To the extent feasible, the agenda packet is available for online public viewing on the City’s website: https://www.suisun.com/Government/City-Council/Agendas

The City Council/Agency/Authority hopes to conclude its public business by 10:00 p.m. No new items will be taken up after 10:00 p.m., unless so moved by a majority of the City Council, 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.

Accommodations
If you require an accommodation to participate in this meeting, please contact the City Clerk at (707) 421-7302 or [email protected]. The City’s reasonable accommodation policy is available for review on the City’s website at www.suisun.com/government/city-council/, you may request an electronic copy or have a copy mailed to you.

Please note that for accommodations that are not readily available, you must make your request as soon as you can prior to the time of the meeting.

Decorum
All participants are expected to conduct themselves with mutual respect. Conduct that disrupts meetings will be addressed in accordance with Section 54957.95 of the Government Code.

Ordinances
Ordinances are city laws contained in the Suisun City Municipal Code. Enacting a new city law or changing an existing one is a two-step process. Government Code 36934 provides, except when, after reading the title, further reading is waived by regular motion adopted by majority vote all ordinances shall be read in full either at the time of introduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and 4 in print at the meeting prior to the introduction or passage.

Certification Of Posting
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.

5 6
AGENDA ITEM NO. 1

AGENDA TRANSMITTAL

MEETING DATE:

April
4, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-___: A Resolution of the City Council of the City of Suisun City Appointing _________ to the Vacant Councilmember Seat for the Remainder of the Current Term.

FISCAL IMPACT:

None

STRATEGIC PLAN:

Provide Good Governance.

BACKGROUND:

Councilmember Mike Hudson tendered his resignation effective February 21, 2023 resulting in a vacancy on the City Council, which must be filled. The term of the vacated office runs through the end of 2024.

Suisun Municipal Code Section 2.04.040 and Government Code Section 36512 govern the process by which vacancies in the elected offices of city council members are filled. Specifically, Section 36512 provides that a city council shall, within 60 days of the date of vacancy (i.e., no later than April 21, 2023), fill such vacancy by appointment, or call a special election to fill the vacancy for the remainder of the vacated term. Section 36512 does not provide any specific guidance on the manner in which the City Council selects an individual to fill a vacancy.

Section 2.3, Filling of a Council Vacancy, of the Suisun City Council Rules and Procedures, provides:

In the event of a vacancy of office or the death or resignation of any Council Member, the Mayor shall appoint a new Council Member, with the consent of the Council, within sixty (60) days after a vacancy or death or resignation becomes effective in compliance with the California Elections Code, unless the Council, by resolution, decides to instead call a special election. In the event of appointment, the Mayor, with the consent of the Council, shall determine by resolution the process for appointment prior to the application process and in accordance with State law.

At the February 21, 2023, City Council meeting, the Council was presented with options for a process to fill the council seat. The Council deliberated and agreed on an application and interview process and directed the City Attorney to return with appropriate documentation to appoint a candidate pursuant to Council direction.

The Mayor reviewed and considered all properly submitted applications and interviewed the following five applicants: Laura Cole-Rowe, Thomas D. Alder, Katrina Garcia, Jonathan Richardson, and Marlon Osum. Thomas Alder subsequently withdrew his name from the pool of applicants. The Mayor interviewed the remaining applicants and selected three applicants to move on to the March 21st meeting to be interviewed and considered for appointment by the whole Council.

STAFF REPORT:

As described above, at the previous Council meeting on March 21, 2023, the Council deliberated and agreed to narrow the selection field down to two applicants, Jonathan Richardson and Marlon Osum.
7 After discussion and deliberation of applicants remaining by Mayor and Council and reaching a consensus, the Mayor shall select one applicant to appoint to the vacant councilmember seat. The individual appointed may be sworn in and take their seat on the dais immediately following the appointment.

The appointed councilmember will hold office for the unexpired balance of the vacated seat’s term, as the vacancy occurred in the second half of the former incumbent’s term.

STAFF RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2023- ____: A Resolution of the City Council of the City of Suisun City Appointing _________ to the Vacant Councilmember Seat for the Remainder of the Current Term.

DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-___ A Resolution of the City Council of the City of Suisun City Appointing _________ to the Vacant Councilmember Seat for the Remainder of the Current Term 2 .

City Council Applications

PREPARED BY:

Greg Folsom, City Manager

ATTACHMENTS:
1 Resolution of the City Council of the City of Suisun City Appointing ___ to the Vacant Councilmember Seat for the Remainder of the Current Term.pdf
2 City Council Applications.pdf
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28 RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SUISUN CITY APPOINTING ________________ TO A VACANT

COUNCILMEMBER SEAT FOR THE REMAINDER OF THE

CURRENT TERM

WHEREAS, a Suisun City Councilmember whose term was set to end in 2024 tendered resignation effective February 21, 2023, resulting i n a vacancy on the City Council; and
WHEREAS, pursuant to Suisun City Municipal Code Section 2.04.040 and Section 36512 of the Government Code, the Suisun City City Council must fill the vacancy by appointment, or call a special election to fill the vacancy, within 60 days of the vacancy, i.e., by April 21, 2023. Government Code Section 36512 does not provide any specific guidance on the manner in which the Council selects an individual to fill a vacancy; and WHEREAS, Government Code Section 36512(b)(2)(B) also provides that “if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent.” Because the vacancy occurred in the second half of the councilmember’s term, any appointment will run through the end of the term; and
WHEREAS, on February 21, 2023, the Council agreed on an application and interview process, whereby the Mayor would consider all applicants from the previous appointment process, who are still available and interested along with any new applicants; and WHEREAS, at the Council meeting on February 21, 2023, the Council directed the City Attorney’s office to return at the March 21, 2023 m eeting with the appropriate documentation to appoint a councilmember following an appl ication and interview process; and
WHEREAS, the Mayor reviewed and considered all properly submitted applications and interviewed four applicants, and selected three appl icants to move on to the March 21, 2023 Council meeting for further discussion, deliberation, and appointment of one individual to the vacant council seat; and
WHEREAS, the Council reviewed and considered all properly submitted applications and interviewed three applicants, and selected two applicants to move on to the April 4 , 2023 Council meeting for further discussion, deliberation, and appointment of one individual to the vacant council seat.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cit y of Suisun City as follows:

Section 1. The recitals hereto are true and correct and by this reference incorporated herein.

Section 2. Pursuant to Suisun Municipal Code Section 2.04.040 and Government Code Section 36512, the Council hereby appoints ___________________ to fill the vacant seat on the City Council for the remainder of the vacated seat’s term, which will terminate at the end of 2024.
9 Resolution No. 2023-
Adopted

Page 2 of 2 ends

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Section 3. If any provision of this Resolution or the application of any such provision to any person or circums tance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Council declares that the Council would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

Section 4. This Resolution shall take effect and be in full force immediately after its adoption by the Council, and shall expire upon the expiration of the vacated seat’s term.

PASSED AND ADOPTED by the City Council of the City of Suisun City at a regular meeting thereof held on April 4, 2023, 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 4
th day of April 2023.

_________________________________
Anita Skinner
City Clerk

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Submission for the Appointment to the Suisun City Council By: MARLON L. OSUM
Table of Contents
Documents No. of Pages
A. The Application and Attachments

1. Request for Consideration for Appointment to the City Council Vacancy 4

2. Questionnaire for City Council Appointment 3

3. Resume' of Marlon L. Osum 2

4. Attachments:
a. Congratulatory Letters of the Presidents of the University of Phoenix For Extraordinary Academic Achievement - Chris Lynne
Peter Cohen 2
b. Certificates of Membership to International and National Honors Society for Business
Graduation Picture with Message (2-25-2023)
Delta Mu Delta International Honor Society
Golden Key International Honors Society
National Society for Leadership and Success 2
c. University Diplomas -Master of Information Systems with Academic Distinction (MIS)
Master of Business Administration (MBA)
Bachelor of Science in Business (BSB) 2

5. Certification of Membership to Organizations:
a. As Member, IHSS Public Authority Advisory Committee
b. As Member, Board of Trustees, Solano Community Mosquito Abatement District Council 2

6. Job Certification, IHSS as Care Provider 1
B. Initial Endorsers for the City Council Appointment:

Mr. Joe Anderson - Former Mayor, Dixon, CA & Current Chairman of the Board of the Solano County Mosquito Abatement District Council Mr. Sandi Hilton - Vice President, Central Region - CICA & Vice-Chairman Solano County IHSS Public Authority Advisory Committee
Mr. Richard Snyder - Manager, Solano County Mosquito Abatement District Council C. Appointing Officials to Organizational Memberships:

1. Mayor Lori Wilson, now State Assembly Member- Solano County Mosquito Abatement District Council 2019
Mayor Alma Hernandez - Recertified above appointment 2022

2. Mr. Skip Thomson - District 5 Supervisor - Solano County IHSS Public Authority Advisory Committee 2015
Recertified Appointment 2018
Mr. Mitch Mashburn - Further Recertified said appointment 2021 20 21
22 23

QUESTIONNAIRE FOR THE CITY COUNCIL APPOINTMENT

1.What are your top 3 priorities for Suisun City? Why do you think these are most important? The top three priorities for Suisun City and their importance:
a. Good governance with Accountability. The residents look up to City officials and its employees to come up with a workable, realistic development plan that can be implemented with their support to improve the quality of life in Suisun City. Good governance with clear accountabilities will establish the trust and confidence among the constituents that will foster their engagement. b. Public Safety at home, in schools and other areas frequented by the public. A safe environment breeds contentment and encourages active participation of the public to the programs/projects and a stronger private/public partnership. High crime and the like leads to mass exodus of the population and capital flight which will degrade the economic conditions of the city. c. Economic Development that attracts more sustainable businesses, creates good paying jobs, generates sufficient revenues for city needs and raises the standard of living of the city's households.

2. What are the key issues you see facing our community? Why do you think these are the key issues and what might be the solutions?
a. The economic well-being of its residents from good paying jobs, housing and its affordability.

With Inflation which has increased the price of everything, company closures, insecurity of Job tenure, limited high paying job options, unnecessary and tremendous pressure is put on every household to make ends meet.
b. Public Safety from crime, mass shootings, etc. and the impact of drugs in schools, homes and others sites especially Fentanyl with an alarming nationwide death rate that makes parents very worried about their personal and children's safety.
c. Disaster Preparedness. The weather has become so unpredictable that we have more stronger typhoons, unexpected drought and flooding, blizzard and other calamities. The Supply chain problem may bring about food shortage and or commodity prices beyond the consumers' reach.

Geologists keep talking about the "Big One" (earthquake) which is overdue in California. If this hits there will be catastrophic consequences influencing fear and anxiety over the community's capability to cope with the destruction and the appropriate disaster response.

3. What is your vision for Suisun City and how would you like the city to look in 10 years? I would like to see Suisun City establish its distinct identity as an eco tourist spot with its own industry, a good investment option for business and housing and a city with residents who are engaged and concerned about its welfare and competitiveness and more importantly proud to be part of it.

4. Please describe how your qualifications, education, and/or work experience/training would be relevant in your role as a Councilmember.

I have good work habits, empathetic, with acute people and listening skills, a well-rounded knowledge of traditional and current critical business functions (Planning, Leading, Organizing and Control), Management, Business Development, Marketing, Finance and other areas complemented by developed skills from actual, hands-on work experience as an entrepreneur and a career professional. 24 My higher and relevant education (Bachelors and Masters' degrees) will allow me to optimize the use of up-to-date tools and technologies for Strategic Planning, Lead Generation, Score Card and Metrics for Monitoring, Marketing and others areas to effectively collaborate with the City Council in the formulation and implementation of programs/ projects to achieve its short and long-term goals.

5. What has your previous involvement with the City of Suisun City been? Please include any service organizations or community engagement specific to Suisun City you have participated in and what your role was.

I have been the representative of Suisun City to the Solano County Mosquito Abatement District Council Board of Directors, an Advocate for IHSS Recipients as Member of the IHSS Public Authority Advisory Committee and a regular Poll Worker with the Register of Voters in the previous local, State and National elections.

6. The City Council regularly meets on the 1st and 3rd Tuesdays of each month at 7:00 p.m., and may meet on any Tuesday as City business dictates, and periodically has additional special meetings and study sessions. Councilmembers also serve on a number of subcommittees, commissions, and outside agency boards. Please describe any time constraints or limitations/obligations that might limit your availability for regular meetings, special meetings, or community events.

There are no time constraints or limitations/obligations that might limit my availability to attend Regular/Special meetings or community events and other activities to fulfill my duties as City Council member.

7. Are you aware of the time commitment and the responsibilities associated with serving as a Councilmember and are you prepared to serve without reservation? Yes, I am aware and prepared to serve without any reservation. 25 26
Owner/Proprietor, Exporter -PRAM lnt'I. Trading
Suisun City, California
Owner/Proprietor, PRAM International Trading- Exporter
Baclaran, Paranaque, Philippines
Top Senior Marketing Consultant
Big Save Furniture and Harvey Norman's Furniture
Wellington, New Zealand
Sole Proprietor, Retail Chain Owner, PRAM International Trading Baclaran, San Mateo, Batasan Hills, Cavite Manila, Philippines Project Developer/Specialist, Special Projects Department Abenson Inc. and Conglomerates, Mandaluyong City, Philippines Research Assistant, Hospital-based Family Planning Clinics as Centers for Young Adults, Population Center Foundation Taguig City, Philippines
Social Worker, Rizal Youth Development Foundation
Mandaluyong City, Philippines
Certifications and Training
Notary Public - Solano County, California
2005 to 2009
2001 to 2004
1997 to 2001
1985 to 1996
1981 to 1984
1980 to 1981
1977 to 1980
2016- 2021
CA Certification as PCT, trainings for the above and other short-term courses 2008 - onwards Various Management, Leadership Seminars and trainings - here and overseas Awards and Membership in Civic Organizations & Honors' Societies Delta Mu Delta International Honor Society in Business
Golden Key International Honor Society
National Society for Leadership and Success
Jerry Roxas Leadership Award, Merit Certificate (Million Dollar Sales and consistent Academic Honors Member, Solano County IHSS Public Authority Advisory Committee, Solano County, California Secretary, Board of Trustees, Solano County Mosquito Abatement District Council 27 28
29 30
31 32
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�roclamation
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WHEREAS, the basis for the continuity of any society is education; and in the City of Suisun the education of our youth is a priority; and
WHEREAS, in order to achieve its highest goals, education must not only impart knowledge but also teach the students how to live, forming and strengthening their moral character to make a better life for themselves as individuals and for society as a whole; imparting moral and ethical values that have been the bedrock of society since the dawn of civilization, including the values known as the Seven Noahide Laws; and WHEREAS, a global spiritual leader and leading advocate for the advancement of education, the Rebbe, Rabbi Menachem M. Schneerson, of righteous memory, stressed that a moral and ethical education empowers every individual to develop their full potential in making the world a better place; and WHEREAS, such education can nurture the unity of diverse peoples through encouraging increased acts of goodness and kindness, imbued with the awareness that even a single positive act of an individual can change the world and usher in an era of global peace when there will "be peace within your walls, serenity within your mansions" (Psalms 122); and
WHEREAS, "Education & Sharing Day" is observed each year on the Rebbe's birthday in recognition of his outstanding and lasting contributions toward the improvement of education, morality, and acts of charity around the world; a day to pause and reflect on our responsibility to ensure our youth have the foundation necessary to lead lives rich in purpose and fulfillment through service and good works; and WHEREAS, April 2, 2023, will mark 121 years since the Rebbe's birth, capping a year in which thousands of new institutions and initiatives were launched throughout the world in tribute to this celebration; and
WHEREAS, this year has an added significance as a year of "Hakhel," a biblical event of unity, education, and spiritual growth emphasizing how every person is crucial to perfecting the world.

NOW, THEREFORE, I, Alma Hernandez, Mayor of the City of Suisun City, hereby proclaim Sunday, April 2, 2023, to be: Education and Sharing Day in the City of Suisun and call upon everyone to work together to create a better, brighter, and more promising future for all. ��/ >7 huu�Atd�
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Alma Hernandez, M�
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WHEREAS, Autism Awareness Month is observed annually in April, and April 2nd is recogn ized as World Autism Awareness Day; both design ations are intended to spread awareness, promote acceptance, and ign ite change; and
WHEREAS, Autism spectrum disorders are a broad range of conditions characterized by challenges with social skills, repetitive behaviors, and speech and nonverbal communications; and WHEREAS, Symptoms and characteristics of autism spectrum disorders may present themselves in a variety of combinations and can result in sign ificant lifelong difficulties in verbal and nonverbal communication, social interaction, and leisure activities; and
WHEREAS, An autism spectrum disorder has wide-ranging implications for the entire family of the diagn osed individual. Early diagnosis, research training, education, and therapy are vital to reducing the negative effects of the disorder; and
WHEREAS, The City of Suisun City is dedicated to creating an environment of inclusiveness and a community that works collaboratively to provide opportunities for all residents of Suisun City to have the opportunity to thrive by creating partnerships with community based organizations like Parents Empowering Parents, Found It, and North Bay Regional Center; and
WHEREAS, The City of Suisun City, Recreation, Parks, and Marina Department has secured grant funding in the amount of $19,000 from North Bay Regional Center to start a summer program called Club Chaos, which is based on a 1: I camper-to-staff ratio and is aimed at intellectual and developmental disabled youth with opportunities to socialize, participate in activities, make new friends, and to do so with ample support; and WHEREAS, Grant funds will also support the training of staff who serve our after school programs in Suisun City; and
WHEREAS, Autism Awareness Month highlights the prevalence of autism, and generates interest and support for education and research in finding the cause and cure for this complex disability; and NOW, THEREFORE, BE IT RESOLVED, that I, Alma Hernandez, Mayor of the City of Suisun City do hereby proclaim the month of April 2023 as:
"AUTISM AWARENESS MONTH"
in the City of Suisun City, and encourage residents to learn more about the sign s of autism and what they can do to support individuals with autism and their families.
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Alma Hernandez , Mayor
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WHEREAS, Established in 1914, members of the Veterans of Foreign Wars of the United States Auxiliary set out to serve the veterans of this country and our communities in honor of the sacrifices and commitment of every man and woman who has served in uniform; and WHEREAS, year after year the organization continues to honor those who have made the ultimate sacrifice in the name of freedom by maintaining memorials to their service and sharing their history with our nation's youth so that what our nation's veterans have done for America will not be forgotten; and WHEREAS, Veterans of Foreign Wars Auxiliary supports the troops currently deployed overseas; and
WHEREAS, the 470,000 members represent the families of those who have served or are currently on foreign soil protecting our freedom; and
WHEREAS, members volunteer nearly one million hours in Veterans Affairs Medical Centers and other hospitals throughout this country; and
WHEREAS, the organization provides awards and scholarships to students based on their expressions of patriotism through art, speech, and volunteerism; and WHEREAS, VFW Post 2333 ensures that veterans are respected for their service, always receive their earned entitlements, and are recognized for the sacrifices they and their loved ones have made on behalf of this great country.

NOW, THEREFORE, I, Alma Hernandez, Mayor of the City of Suisun City, hereby commend VFW Post 2333 for their valor, courage, and sacrifice and encourage residents to honor them by living their example - putting service before self, caring for our neighbors, and working passionately to build a more perfect union worthy of all those who protect our lives and liberty. � AU� At/�/� huu � .-ad Alf
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Alma Hernandez, Mayor
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40 AGENDA ITEM NO. 8

AGENDA TRANSMITTAL

MEETING DATE:

April
4, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-___: Authorizing the Deputy City Manager to Accept Grant Funds from North Bay Regional Center’s Grants for Enhanced Community Integration for Children and Adolescents Program.

FISCAL IMPACT:

Grant award of $19,000.

STRATEGIC PLAN:

Ensure Fiscal Solvency.

BACKGROUND:

The American Rescue Plan Act of 2021 provided the California Department of Development Services (DDS) $12.5 million for the Grants for Enhanced Community Integration for Children and Adolescents (Social Rec Grants) program. The intent of the grants is to fund projects that enhance and develop integrated and inclusive social and recreational programs for families, children, and adolescents with intellectual and developmental disabilities (I/DD) in underserved communities.

The $12.5 million was distributed across 21 regional centers, with North Bay Regional Center (NBRC) allocated $297,600 for projects in Napa, Sonoma, and Solano counties.

In December 2022, the Recreation, Parks, and Marina (RPM) Department submitted a Social Rec Grant proposal to NBRC to provide a new program for area I/DD youth.

STAFF REPORT:

In March 2023, the RPM Department was notified by NBRC that their grant proposal was accepted and approved for funding. The grant proposal centered on the purchase of supplies and materials towards a Suisun City ‘Club Chaos’ program in partnership with local organization Special Care Services. Club Chaos is an indoor/outdoor summer camp for I/DD youth.

Club Chaos is based on a 1:1 camper-to-staff ratio and is aimed at I/DD youth with opportunities to socialize, participate in activities, make new friends, and to do so with ample support. There is no program specifically for I/DD youth in Suisun City.

The grant award will also cover staff trainings for after school program / youth camp staff on working with I/DD youth, as there has been an increase in I/DD youth attending Suisun City RPM programs.

The trainings will cover techniques such as de-escalation, safety, providing inclusive programming for I/DD youth with neurotypical peers, and behavior intervention. The hope for the program is for it to be the starting point for the RPM Department to provide more I/DD inclusive programming to the Suisun City community.

STAFF RECOMMENDATION:

It is recommended that the City Council adopt Resolution 2023-___:

A Resolution of the City Council of the City of Suisun City Authorizing the Deputy City Manager to Accept Grant Funds from North Bay Regional Center’s Grants for Enhanced Community Integration for Children and Adolescents Program.

DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-___: Authorizing the Deputy City Manager to Accept Grant Funds from 41 North Bay Regional Center’s Grants for Enhanced Community Integration for Children and Adolescents Program.

PREPARED BY:

Marvin
Mora, Recreation Supervisor
REVIEWED BY:

Kris Lofthus, Deputy City Manager
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:
1 Resolution Authorizing the Deputy City Manager to Accept Grant Funds from North Bay Regional Center's Grants.pdf
42 ATTACHMENT NO. 1

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RESOLUTION NO. 2023 - ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY,

CALIFORNIA, AUTHORIZING THE DEPUTY CITY MANAGER TO ACCEPT GRANT FUNDS FROM NORTH BAY REGIONAL CENTER’S GRANTS FOR

ENHANCED COMMUNITY INTEGRATION FOR CHILDREN AND

ADOLESCENTS PROGRAM

WHEREAS, the American Rescue Plan Act of 2021 provided the California Department of Development Services $12.5 million for the Grants for Enhanced Community Integration for Children and Adolescents program; and

WHEREAS, North Bay Regional Center was allocated $297,600 by the California Department of Development Services for projects in Napa, Sonoma, and Solano counties; and

WHEREAS, the Grants for Enhanced Community Integration for Children and Adolescents program is intended to fund projects that enhance and develop inclusive social and recreational programs for families, children, and adolescents with intellectual and developmental disabilities; and

WHEREAS, the grant opportunity through North Bay Regional Center will provide training to RPM Department staff on working with youth with intellectual and developmental disabilities; and will provide the first program for intellectual and developmentally disabled youth in Suisun City.

NOW, THEREFORE, BE IT RESOLVED, The City Council authorizes the City Manager or Deputy City Manager to accept grant funds from North Bay Regional Center’s Grants for Enhanced Community Integration for Children and Adolescents program in the amount of $19,000 on behalf of the City of Suisun City, a public entity established under the laws of the State of California.

PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 4
th of April 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of the City of Suisun City this 4th of April 2023.

Anita Skinner
City Clerk
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44 AGENDA ITEM NO. 9

AGENDA TRANSMITTAL

MEETING DATE:

April
4, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-___: Authorizing the City Manager, to submit a grant application to the Metropolitan Transportation Commission for $200,000 to implement activity for the Suisun City Waterfront District Plan Planned Development Area (PDA).

FISCAL IMPACT:

There is no funding match requirement for this grant. The only fiscal impact is for administrative staff time.

STRATEGIC PLAN:

Provide Good Governance; Develop Sustainable Economy; Enhance the Environment.

BACKGROUND:

In 2008, Suisun City established the Waterfront District Specific Plan PDA. In 2016, the City Council approved an update to the Waterfront District Specific Plan, which expanded the previous boundaries of the Specific Plan.

The Priority Development Area (PDA) Program is a voluntary partnership between local governments, the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG). Through the PDA program, local governments identify areas envisioned for future housing and job growth that are served by transit. Bay Area cities have nominated 218 PDAs since 2007.

PDAs facilitate coordinated regional planning for future growth and transportation investment. In addition to shaping the location of anticipated growth and major transit investments, PDAs receive a dedicated share of funding for local planning and for transportation improvements such as complete streets, bikeways, and parking programs. This is reflected Plan Bay Area 2050, the region’s current long-range land use and transportation plan.

STAFF REPORT:

In December 2022, MTC released a Call for Projects for PDA Planning Grants open to local governments with one or more PDA. To date, these grants have funded more than 80 plans and a wide range of technical assistance.

This grant application is under the Plan Implementation category. This category was chosen since Suisun City has an adopted plan, and implementation is the next logical step. This grant is intended to move sites to development, improve the pedestrian connection between Suisun City and Fairfield and related activities. The maximum grant under this category is $200,000.

Plans funded through the PDA program must meet minimum requirements, such as MTC’s Transit- Oriented Communities Policy. MTC/ABAG staff will support City staff in ensuring minimum requirements are met and will offer technical resources and best practices.

The proposed grant proposes several work areas:

Prepare a residential development strategy for publicly owned sites within the PDA, including looking at financial feasibility of for-sale and for-rent housing types, including affordable 45 housing.

Determine the need to rezone the identified publicly owned sites to meet the Metropolitan Transportation Commission’s adopted “Transit Oriented Communities policies, such as a minimum density of 25 units per net acre (the current minimum density in residential high density is 24.1 units/net acre).

Evaluate development constraints on the publicly owned sites and develop strategies to mitigate the development constraints.

Develop strategies to promote the development of the identified publicly owned sites.

Evaluate flooding potential both on-site and off-site and identify potential mitigation.

Develop a strategy for the preservation of affordable housing within the PDA.

Develop short-term concepts to enhance the current pedestrian connection between Suisun City and Fairfield to enhance walkability and sense of security.

Implement a public engagement process to solicit input and recommendations.

The City of Fairfield submitted a very similar grant. If both are funded, it is envisioned that the City of Suisun City, City of Fairfield, Solano Transportation Authority and the Solano EDC will work together on the implementation of the grants.

STAFF RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2023- ___: Authorizing the City Manager, to submit a grant application to the Metropolitan Transportation Commission for $200,000 to implement activity for the Suisun City Waterfront District Plan Planned Development Area (PDA).

DOCUMENTS ATTACHED:
1 .

Council Resolution No. 2023-___: Resolution of authorizing the City Manager, to submit a grant application to the Metropolitan Transportation Commission for $200,000 to implement activity for the Suisun City Waterfront District Plan Planned Development Area (PDA). 2 .

Preliminary Scope of Work Template

PREPARED BY:

Jim Bermudez, Development Services Director
REVIEWED BY:

Greg Folsom, City Manager
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:
1 Resolution authorizing the City Manager to submit a grant application to the Metropolitan Transportation Commission.pdf
2 Preliminary Scope of Work Template.pdf
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28 RESOLUTION NO. 2023-

RESOLUTION AUTHORIZING THE CITY MANAGER, TO SUBMIT A GRANT

APPLICATION TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR $200,000 TO IMPLEMENT ACTIVITY FOR THE SUISUN CITY
WATERFRONT DISTRICT PLAN PLANNED DEVELOPMENT AREA (PDA).

WHEREAS, on December 1, 2022, the Metropolitan Transportation Commission (MTC) announced a Call for Projects for Priority Development Area (PDA) Planning Grants, and informed local jurisdictions of a February 15, 2022 deadline for submittals of Applications (with Resolutions to be submitted by April 15, 2023), as well as grant requirements including compliance with the Transit Oriented Communities Policy; and

WHEREAS, in 2008 Suisun City established the Waterfront District Specific Plan PDA and in 2016 expanded the boundaries through the adoption of a new Waterfront District Specific Plan; and

WHEREAS, the Waterfront District Specific Plan is identified in the General Plan Land Use Element as an area of change and is the location of multiple opportunity sites in the Housing Element; and

WHEREAS, this Solano Rail Hub Residential Cluster PDA Planning Grant would fund technical assistance to develop and adopt policies and programs that facilitate the implementation of the Waterfront District Specific Plan; and

WHEREAS, the PDA Planning Grant would focus on the development of publicly owned sites, development constraints (such as flooding), improved pedestrian access between Suisun City and Fairfield and the preservation of affordable housing; and

WHEREAS, staff estimates the cost of this effort to be $200,000, plus staff time as a match.

NOW, THEREFORE, BE IT RESOLVED, that the Suisun City Council hereby authorizes the City Manager, or his designee, to submit a grant application for the Solano Rail Hub Residential Cluster planning implementation grant project in response to the Metropolitan Transportation Commission's (MTC's) Call for Projects for PDA Planning Grants in the amount of $200,000, plus matching staff time.

47 Resolution No. 2023-__
Adopted April 4, 2023

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PASSED AND ADOPTED at a Regular Meetin g of the City Council of the City of Suisun City held on Tuesday the 4th day of April 2023 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 4th day of April 2023.

Anita Skinner
City Clerk
48 ATTACHMENT 2
Priority Development Area (PDA) Planning Grants: 2022-23 Call for Projects Preliminary Scope of Work Template
SCOPE OF WORK Solano Rail Hub Residential Cluster – Suisun City Task 1 – Rezoning of Residential Parcels

INSERT DETAILS OF DISCRETE TASK TO BE ACCOMPLISHED:
• Determine the need to rezone the identified public sites, and other residential properties, to meet the Metropolitan Transportation Commission’s adopted “Transit Oriented Communities” policies for minimum density, and potentially other standards (such as parking standards), for certain parcels.
• Assist staff in the rezoning process.
• Review the general plan land use and housing elements, and other elements and policies to ensure consistency. If not consistent, assist staff in in bringing these elements and policies into compliance.

Task 1 Deliverables:

1.1: Report on need for rezoning, including draft language and findings to meet TOC guidelines.

1.2: Report on any amendments required in general plan elements and/or policies to ensure compliance with the rezoning.

1.3 Assist staff in the rezoning and general plan/policy consistency process.

1.4 Rezoning and general plan consistency completed.

Task 2 – Development Strategy
INSERT DETAILS OF DISCRETE TASK(S) TO BE ACCOMPLISHED:
• Prepare a development strategy for publicly owned sites in Suisun City’s downtown area, using the Solano Rail Advanced Planning Study as a base.
• Development prototype development pro formas to determine market and financial feasibility for both for-rent and for-sale housing types, including affordable housing, at various densities.

Task 2 Deliverables:

2.1: Report on the development strategy for publicly owned sites in the Suisun City downtown area. 49 ATTACHMENT 2

2.2: Report on market and financial feasibility of for-rent and for-sale housing types, including affordable housing, using development pro-forma with detailed assumptions.

Task 3 – Development Constraints
Evaluate potential constraints to the development of the identified publicly owned sites INSERT DETAILS OF DISCRETE TASK(S) TO BE ACCOMPLISHED:
• Identify constraints to the development on the identified publicly owned sites. Constraints could include infrastructure (water, sewer, utility relocation, flood issue, etc.) as well as regulatory issues (surplus land act, etc.).
• Develop strategies to address/mitigate development constraints, including potential funding sources and processes/timelines to address said constraints.

Task 3 Deliverables:

3.1: Report summarizing the development constraints identified for the publicly owned sites.

Constraints could include, but not limited to, infrastructure and regulatory constraints.

3.2: Provide a report on strategies to address and fund the identified constraints. This includes a detailed summary of potential funding sources (grants, loans, etc.) and timelines for funding to mitigate constraints.

Task 4 – Site Development
Recommend a strategy for the development of each of the publicly owned sites INSERT DETAILS OF DISCRETE TASK(S) TO BE ACCOMPLISHED:
• Recommend a strategy, given the information from the first three tasks, for each of the publicly owned sites to prepare and promote the development of these sites into residential and mixed-use residential (including affordable housing), including a timeline and implementation steps.

Task 4 Deliverables:

4.1: Provide a report on the recommended strategy to prepare and promote development on each of the publicly owned sites into residential and mixed-use developments, including detailed steps and timelines to implement the recommendations.

Task 5 – Flooding Impacts
Evaluate flooding potential for both on-site and off-site and identify on-site mitigation and off-site mitigation that can help protect the new development from flooding and help alleviate flooding in the area.
50 ATTACHMENT 2
INSERT DETAILS OF DISCRETE TASK(S) TO BE ACCOMPLISHED:
• Using best practices, and available information and studies, recommend measures to mitigate the impact of flooding on-site of new development.

• Using best practices, and available information and studies, evaluate potential projects that could help mitigate flooding in the study area, and in neighboring adjacent jurisdiction(s).

Task 5 Deliverables:

5.1: Report summarizing potential mitigation measures that can be incorporated into new development on-site to help mitigate the impact of potential flooding.

5.2: Report summarizing potential mitigation measures and projects to help address flooding in the study area and in adjacent jurisdiction(s).

Task 6 – Housing Preservation
Using information, studies and data previously prepared, develop a strategy for the preservation of affordable housing currently located in the PDA.

INSERT DETAILS OF DISCRETE TASK(S) TO BE ACCOMPLISHED
• Evaluate information, studies and data previously prepared and prepare a strategy for the preservation of affordable housing currently located in the PDA.

Task 6 Deliverables:

6.1: Provide a report outlining strategies to preserve existing affordable housing developments in the PDA..

Task 7 – Pedestrian and bicycle connection to the Solano Rail Hub and downtown Fairfield and Suisun City.

The Solano Transportation Authority has developed plans to enhance the connection between Fairfield and Suisun City’s downtown and the Solano Rail Hub. The alternatives involve significant capital expenditures and are a long-term potential solution. This task will evaluate short-term design concepts that will enhance security and walkability of the existing raised crossing and entrances.

INSERT DETAILS OF DISCRETE TASK(S) TO BE ACCOMPLISHED:
• Develop short-term design concepts (including lighting, signage, landscaping, etc.) to enhance the security and walkability of the existing raised walkway.

Task 7 Deliverables:
51 ATTACHMENT 2

7.1: Report recommending short-term design concepts, with estimated costs, to enhance the security and walkability of the existing raised walkway.

Task 8 – Public Input
Implement a public engagement process to include key stakeholder, public, landowners, non-profit and for-profit developers, and other interested parties to solicit input and report recommendations.

INSERT DETAILS OF DISCRETE TASK(S) TO BE ACCOMPLISHED:
• Develop and implement a public engagement process to include key stakeholder, public, landowners, non-profit and for-profit developers, and other interested parties to solicit input and report recommendations.

Task 7 Deliverables:

8.1: Provide a summary of the input and recommendations received during the public engagement process.

Task 9 – Project Management

Manage the project from project initiation to project completion, including the selection process for the consultant(s) and on-going project management.

INSERT DETAILS OF DISCRETE TASK(S) TO BE ACCOMPLISHED:

* Prepare and issue a Request for Proposal (RFP) to select consultant(s) for the project.

* Mange selection process of consultant(s).

* Manage the completion of project deliverables on the schedule developed.

* Provide project management from project initiation through submission of written report(s) at project completion.

Task 9 Deliverables:

9.1: Development and issuance of an RFP.

9.2: Selection and completion of contract with consultant(s).

9.3: Project deliverables completed per the schedule.

9.4: Coordinate presentation and completed written report. 52 ATTACHMENT 2
Priority Development Area (PDA) Planning Grants: 2022-23 Call for Projects ATTACMENT C:

Preliminary Scope of Work Template

PRELIMINARY SCHEDULE & BUDGET

ESTIMATED BUDGET
Task 1: $40,000
Task 2: $70,000
Task 3: $25,000
Task 4: $ 5,000
Task 5: $20,000
Task 6: $ 7,500
Task 7: $10,000
Task 8: $ 7,500
Task 9: $15,000

DELIVERABLE

ESTIMATED DATE OF COMPLETION
Task 1: 7 to 9 months
Task 2: 7 to 9 months
Task 3: 5 to 6 months
Task 4: 10 to 11 months
Task 5: 6 to 7 months
Task 6: 8 to 9 months
Task 7: 10 to 12 months
Task 8: 1 to 14 months
Task 9: 1 to 14 months
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54 ______________________________________________________________________________ PREPARED BY: Gina Chung, Deputy City Attorney
REVIEWED/APPROVED BY: Greg Folsom, City Manager

AGENDA TRANSMITTAL
M
EETING DATE: April 4, 2023
SUCCESSOR AGENCY AGENDA ITEM: Successor Agency to the Redevelopment Agency of Suisun City Adoption of the Resolutions Authorizing Deed Restrictions on Agency Owned Real Property as authorized by the Surplus Land Act.

A. Adoption of Successor Agency to the Redevelopment Agency of Suisun City Resolution No. SA2023- ___: Authorizing the Execution of a Restrictive Covenant for Certain Successor Agency-Owned Real Property Located at 1240 Kellogg Street in the City of Suisun City (APN: 0032-200- 330) as Required by California Department of Housing Community Development
B. Adoption of Successor Agency to the Redevelopment Agency of Suisun City Resolution No. SA2023- ___: Authorizing the Execution of a Restrictive Covenant for Certain Successor Agency-Owned Real Property Located at 718 Main Street in the City of Suisun City (APN: 0032-141-130) as Required by California Department of Housing Community Development
FISCAL IMPACT: The sale of these properties will provide some proceeds to the Successor Agency although the proceeds will be relatively low.

STRATEGIC PLAN IMPACT: Develop Sustainable Economy; Provide Good Governance.

BACKGROUND: The Surplus Lands Act ( “Act”), codified in state law as Government Code Section 54221 et seq., requires that before a local agency such as the Successor Agency to the Suisun City Redevelopment Agency takes any action to dispose of (sell or lease) property that it does not need for agency use, it must declare the property to be either “surplus land” or “exempt surplus land.”
On September 7, 2021, the Successor Agency adopted Resolution Number 2021-02, declaring Cal Marine Sports, that certain real property identified as Assessor’s Parcel Number 0032-200-330, consisting of approximately 0.85 acres of land, located at 1240 Kellogg Street (“Cal Marine”), and Lawler House, that certain real property identified as Assessor’s Parcel Number 0032-141-130, consisting of approximately 8,498 square feet, located at 718 Main Street (“Lawler House,” and collectively with Cal Marine, referred to as “Properties”), to be surplus, and authorizing staff to issue Notices of Availability on the Properties as required by the Act.

The entities required under the Act to be notified of the Properties’ availability include housing sponsors and certain public entities engaged in developing low- and moderate-income housing, park and recreation departments, state and regional park authorities, and school districts.

Pursuant to the Act, if one of the public agencies or housing sponsors desires to purchase the property after having received notice, it must indicate its intent to do so in writing within 60 days 55 of receiving the notice, and the local agency must enter into “good faith negotiations” with the interested public agency or housing sponsor for a period of 90 days. (Gov. Code § 54223.) As required by the Act, on December 2, 2021, the City issued Notices of Availability on the Properties to various public agencies and housing sponsors. Cal Marine received no interest on the property. Lawler House received interest from one af fordable housing developer in acquiring the property. However, the interested affordable housing developer did not submit a timely offer during the 90 day negotiation period on Lawler House.

Under the Act, in the event that none of the local agencies or housing sponsors offer to purchase the land, or if the local agency and an interested buyer are unable reach an agreement on the terms and conditions of purchase/sale, the local agency can ask the State of California Department of Housing and Community Development (“HCD”) for permission to sell the land on the open market. If HCD confirms that the local agency has complied with the Act, HCD should authorize the open market sale.

HCD has reviewed the City’s efforts to sell the Properties and, on April 19, 2022 and December 9, 2022, issued letter s determining that the City has met all the requirements under the Act for disposing of Cal Marine and Lawler House, respectively, and can now offer the Properties for sale to the general public with one caveat. As required by the Act, before offering the Properties for sale to the public, the City must record a deed restriction, as approved by HCD, restricting 15% of any residential units built on the each Property to be affordable units if 10 or more residential units are built on the property.

Attached are draft deed restriction for each Property that has been reviewed and approved by HCD.

Staff is requesting that the Successor Agency Board authorize the Chair to sign and staff to arrange for the recording of these deed restriction. Once this document has been recorded staff with forward a copy of the recorded deed restriction to HCD.

STAFF RECOMMENDATION: It is recommended that the Successor Agency Board authorize the Executive Director to sign the deed restrictions on the Cal Marine and Lawler House properties, as required by the Surplus Land Act, and direct staff to record the signed document.

ATTACHMENTS:

1. A Resolution of the Successor Agency to the Redevelopment Agency of Suisun City, Authorizing the Execution of a Restrictive Covenant for Certain Successor Agency- Owned Real Property Located at 1240 Kellogg Street in the City of Suisun City (APN:
0032-200-330) as Required by the Surplus Land Act, Gov’t Code § 54221 et seq.

2. Deed Restriction for 1240 Kellogg Street

3. A Resolution of the Successor Agency to the Redevelopment Agency of Suisun City, Authorizing the Execution of a Restrictive Covenant for Certain Successor Agency - Owned Real Property Located at 718 Main Street in the City of Suisun City (APN: 0032- 141-130) as Required by the Surplus Land Act, Gov’t Code § 54221 et seq.

4. Deed Restriction for 718 Main Street
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28 RESOLUTION SA. 2023-

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY OF SUISUN CITY, AUTHORIZING THE

EXECUTION OF A RESTRICTIVE COVENANT FOR CERTAIN CITY-
OWNED REAL PROPERTY LOCATED AT LOCATED AT 1240 KELLOGG
STREET (APN: 0032-200-330) AS REQUIRED BY THE SURPLUS LAND ACT, GOV’T CODE § 54221 ET SEQ.

WHEREAS, the Successor Agency to the Redevelopment Agency of the City of Suisun City (“Successor Agency”), owns certain real property identified as Assessor’s Parcel Number 0032- 200-330, consi sting of approximately 0.85 acres of land, which has been developed with a single story commercial building which is referred to as the Cal Marine Sports, and is located a t 1240 Kellogg Street , in the City of Suisan City , County of Solano, State of California (“Property”).

WHEREAS, on September 7, 2021, the Successor Agency adopted Resolution Number 2021-02, declaring the Property to be surplus property and authorizing st aff to issue Notices of Availability as required by the Surplus Land Act, Government Code section 54220 et seq. (the “Act”).

WHEREAS, on December 2, 2021, the Successor Agency issued Notices of Availability to various public agencies and housing sponsors as required by the Act. The City received no interest in the Property during the 60-day negotiation period.

WHEREAS, the State of California Department of Housing and Community Development (“HCD”) has reviewed the Successor Agency’s efforts to sell the Property and, on April 19, 2022, issued a letter determining that the Successor Agency has met all the requirements under the Act for disposing of the Propert y and can now offer the Propert y for sale to the general public with one caveat.

WHEREAS, a s required by the Act, before offering the Propert y for sale to the public, the Successor Agency will need to record a deed restriction, restricting fifteen percent of any residential units built on each Property to be affordable units if ten or more residential units are built on the property.

NOW, THEREFORE, BE IT RESOLVED, that the Board of the Successor Agency to the Redevelopment Agency of the City of Suisun City (“Successor Agency”) hereby find, determine and resolve as follows:

Section 1. The recitals above are true and correct and incorporated herein by reference.

Section 2. The Successor Agency Board hereby authorizes the Executive Director to execute the Deed Restriction, attached hereto as Exhibit A and made a part hereof, and 57 Resolution No. 2023-
Adopted April 4, 2023

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authorizes and directs the Executive Director or his designee to record the executed Deed Restriction with the County of Solano.

Section 3. The Successor Agency’s Executive Director or his designee is authorized, jointly and severally, to do all things which he/she may deem necessary or proper to effectuate the purposes of this Resolution.

Section 4. T he recordation of the Deed Restriction is found to be exempt from the California Environmental Quality Act pursuant to California Code of Regulation, Title 14, section 15312 (“CEQA”). The Agency Secretary is directed to file a Notice of Exemption pursuant to CEQA Guidelines section 15062, if applicable.

Section 5. This Resolution shall be effective on upon its adoption. The Agency Secretary shall certify to the adoption of this Resolution.

PASSED, APPROVED, and ADOPTED at a Regular Meeting of said Successo r Agency Board of the Redevelopment Agency of the City of Su isun City duly held on Tuesday, April 4, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 4th day of April 2023.

Anita Skinner
City Clerk
58 Resolution No. 2023-
Adopted April 4, 2023

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EXHIBIT A

DEED RESTRICTIONS
59 RECORDING REQUESTED BY &
WHEN RECORDED MAIL TO:

City of Suisun City
701 Civic Center Blvd.

Suisun City, CA 94585
Attention: City Clerk
APN #0032-200-330 [SPACE ABOVE FOR RECORDER’S USE ONLY] Exempt from filing/recording fees per Govt. Code §27383 Deed Restriction

This Deed Restriction (“Deed Restriction”) is made this ______ day of ________, 2023 by the Successor Agency to the dissolved Suisun City Redevelopment Agency (“Agency”), as required by Government Code Section 54233.

RECITALS

WHEREAS, the Agency is the recorded owner of the real property known as the “Lawler House” located at 1240 Kellogg Street in the City of Suisun City, County of Solano, State of California, which is referred to as Assessor’s Parcel Number 0032-200- 330 (“Property”).

WHEREAS, when the State of California enacted legislation to dissolve redevelopment agencies, the Agency was directed to sell all properties not required for essential governmental functions, including the Property.

WHEREAS, the disposition of the Property must be undertaken consistent with the Surplus Land Act (Gov. Code §§ 54220-54232; the “Act”), which governs the disposition of land owned by public agencies that is determined to be no longer necessary for the public agency’s use.

WHEREAS, the California Department of Housing and Community Development has reviewed the Agency’s efforts to sell the Property and, on January 18, 2023, issued an email confirming that the Agency has made a good faith effort to sell the property as required by the Act and can now offer the Property for sale to the general public with one caveat: as required by the Act, before offering the property for sale to the public, this deed restriction must be recorded.

NOW, THEREFORE, as required by the Act, this Deed Restriction irrevocably imposes the following covenants, conditions, and restrictions which shall run with the land:

60 If ten (10) or more residential units are developed on the Property, not less than 15 percent of the total number of residential units developed on the property shall be sold or rented at an affordable housing cost, as defined in Section 50052.5 of the Cal ifornia Health and Safety Code, or for an affordable rent, as defined in Section 50053 of the California Health and Safety Code, to lower income households, as defined in Section 50079.5 of the California Health and Safety Code. Rental units shall remain affordable to and occupied by lower income households for a period of 55 years and ownership units shall remain affordable to and occupied by lower income households for a period of 45 years. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of 65915 of the California Government Code. These requirements shall be covenants or restrictions running with the land and shall be enforceable against any owner who violates a covenant or restriction and each successor -in-interest who continues the violation by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the California Government Code.

AGENCY:

Successor Agency to the dissolved
Suisun City Redevelopment Agency

By:
_______________________________
Alma Hernandez, Mayor

ATTEST:

_____________________________
Anita Skinner, City Clerk

61 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

COUNTY OF LOS ANGELES )

On _________________, 2023 before me, ___________________________, a notary public, personally appeared
_____________________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

_________________________________________
Notary Public

SEAL:
62 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

COUNTY OF LOS ANGELES )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

_________________________________________
Notary Public

SEAL:
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28 RESOLUTION NO. SA 2023-

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT

AGENCY OF SUISUN CITY, AUTHORIZING THE EXECUTION OF A

RESTRICTIVE COVENANT FOR CERTAIN CITY-OWNED REAL PROPERTY LOCATED AT 718 MAIN STREET IN THE CITY OF SUISUN (APN: 0032-141-130) AS REQUIRED BY THE SURPLUS LAND ACT, GOV’T CODE § 54221 ET SEQ.

WHEREAS, the Successor Agency to the Redevelopment Agency of the City of Suisun City (“Successor Agency”), owns certain real property identified as Assessor’s Parcel Number 0032-141-130 consisting of approximately 8,498 square feet , which has been developed with a three -story professional office building, which is referred to as the Lawler House, and is locate d at 718 Main Street, in the City of Suisan City , County of Solano, State of California (“Property”).

WHEREAS, on September 7, 2021, the Successor Agency adopted Resolution Number 2021-02, declaring the Property to be surplus property and authorizing staff to issue Notices of Availability as required by the Surplus Land Act, Government Code section 54220 et seq. (the “Act”).

WHEREAS, on December 2, 2021, the Successor Agency issued Notices of Availability to various public agencies and hou sing sponsors as required by the Act . One affordable housing developer responded to the Successor Agency that it was interested in acquiring the Property. Thus, after the 60 day offer period expired, the Successor Agency advised the affordable housing developer that the negotiation period had commenced on March 17, 2022.

WHEREAS, by the expirat ion of the negotiation period on June 16, 2022, the Successor Agency still had no offer on the purchase of the Property. The interested affordable housing developer sought to open formal negotiations with the Successor Agency on October 5, 2022; however, t he Successor Agency no longer desired to continue negotiations and was no longer required to resume negotiations pursuant to the Act.

WHEREAS, the State of California Department of Housing and Community Development (“HCD”) has reviewed the Successor Agency ’s efforts to sell the Property and, on December 9, 2022, issued a letter determining that the Successor Agency has met all the requirements under the Act for disposing of the Propert y and can now offer the Propert y for sale to the general public with one caveat.

WHEREAS, a s required by the Act, before offering the Pr operty for sale to the public, the Successor Agency will need to record a deed restriction, restricting fifteen percent of any residential units built on each Property to be affordable uni ts if ten or more residential units are built on the property.

64 Resolution No. 2023-
Adopted April 4, 2023

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NOW, THEREFORE, BE IT RESOLVED, that the Board of the Successor Agency to the Redevelopment Agency of the City of Suisun City (“Successor Agency Board”) hereby find, determine and resolve as follows:

Section 1. The recitals above are true and correct.

Section 2. The Successor Agency Board hereby authorizes the Executive Director to execute the Deed Restriction, attached hereto as Exhibit A and made a part hereof, and authorizes and di rects the Executive Director or his designee to record the executed Deed Restriction with the County of Solano.

Section 4. The recordation of the Deed Restriction is found to be exempt from the California Environmental Quality Act pursuant to California Code of Regulation, Title 14, section 15312 (“CEQA”). The Agency Secretary is directed to file a Notice of Exemption pursuant to CEQA Guidelines section 15062, if applicable.

Section 5. This Resolution shall be effective on upon its adoption. The Agency Secretary shall certify to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED at a Regular Meeting of said Successor Agency Board of the Redevelopment Agency of the City of Suisun City duly held on duly held on Tuesday, the 4
th day of April 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 4th day of April 2023.

Anita Skinner
City Clerk
65 Resolution No. 2023-
Adopted April 4, 2023

Page 3 of 3 ends

EXHIBIT A

DEED RESTRICTIONS
66 RECORDING REQUESTED BY &
WHEN RECORDED MAIL TO:

City of Suisun City
701 Civic Center Blvd.

Suisun City, CA 94585
Attention: City Clerk
APN #0032-141-130 [SPACE ABOVE FOR RECORDER’S USE ONLY] Exempt from filing/recording fees per Govt. Code §27383 Deed Restriction

RECITALS

WHEREAS, the Agency is the recorded owner of the real property known as the “Lawler House” located at 718 Main Street in the City of Suisun City, County of Solano, State of California, which is referred to as Assessor’s Parcel Number 0032-141-130 (“Property”).

WHEREAS, the California Department of Housing and Community Development has reviewed the Agency’s efforts to sell the Property and, on January 18, 2023, issued an email confirming that the Agency has made a good faith effort to sell the property as required by the Act and can now offer the Property for sale to the general public with one caveat; as required by the Act, before offering the property for sale to the public, this deed restriction must be recorded.

NOW, THEREFORE, as required by the Act, this Deed Restriction irrevocably imposes the following covenants, conditions, and restrictions which shall run with the land:

67 If ten (10) or more residential units are developed on the Property, not less than 15 percent of the total number of residential units developed on the property shall be sold or rented at an affordable housing cost, as defined in Section 50052.5 of the Cal ifornia Health and Safety Code, or for an affordable rent, as defined in Section 50053 of the California Health and Safety Code, to lower income households, as defined in Section 50079.5 of the California Health and Safety Code. Rental units shall remain affordable to and occupied by lower income households for a period of 55 years and ownership units shall remain affordable to and occupied by lower income households for a period of 45 years. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of 65915 of the California Government Code. These requirements shall be covenants or restrictions running with the land and shall be enforceable against any owner who violates a covenant or restriction and each successor -in-interest who continues the violation by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the California Government Code.

AGENCY:

Successor Agency to the dissolved
Suisun City Redevelopment Agency

By:
_______________________________
Alma Hernandez, Mayor

ATTEST:

_____________________________
Anita Skinner, City Clerk

68 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

COUNTY OF LOS ANGELES )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

_________________________________________
Notary Public

SEAL:
69 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

COUNTY OF LOS ANGELES )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

_________________________________________
Notary Public

SEAL:

70 AGENDA ITEM NO. 11

AGENDA TRANSMITTAL

MEETING DATE:

April
4, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-__: Opposing AB 480 and Authorizing the Mayor to send in letters of Opposition.

FISCAL IMPACT:

There will be no fiscal impact from this action.

STRATEGIC PLAN:

Provide Good Governance.

BACKGROUND:

Several years ago the state amended the existing Surplus Land Act (SLA). The SLA is a “right of first refusal” law that requires all local agencies to offer surplus land for sale or lease to affordable home developers and certain other entities before selling or leasing the land to any other individual or entity. Any time a local agency disposes of land, it must follow the SLA unless the land qualifies as exempt surplus land. Dispositions include both sales and leases (unless the lease is less than five years or where no demolition or development will occur during the term of the lease).

STAFF REPORT:

The implementation of the SLA, including recent guidelines by the Housing and Community Development Department, has created immense delays and difficulties for local government agencies dealing with the use of their properties to further housing and economic development goals in service of their residents. AB 480 undermines the ability of local agencies to conduct appropriate economic development activities on properties they acquire or otherwise own by expanding the scope of authority for Department of Housing and Community Development (HCD) to review “any action to dispose of land,” which would include properties retained for agency use, properties declared “exempt surplus,” and properties that local agencies are authorized by other laws to acquire and dispose of for economic development purposes.

The implementation of the Surplus Lands Act (SLA), including HCD’s recent guidelines, have created immense delays and difficulties for local government agencies dealing with the control and disposal of their local properties. Regrettably, AB 480 would compound those difficulties by expanding state reviews and delays affecting properties retained for agency use and declared exempt surplus.

Suisun City recently approved an updated housing element that does not rely on the sale of surplus city lands to provide affordable housing. In fact, in Suisun City there is one affordable housing project under development and another that is seeking financing. Suisun City supports the development of all levels of housing on appropriately zoned parcels. However, Suisun City is a city that is revenue challenged and needs to preserve the ability to develop commercial projects that can enhance its ability to provide necessary services to residents. The SLA in its current form has already caused Suisun City unnecessary delays and additional attorney and consultant costs that hurt the budget.

This bill is Opposed by Cal Cities and the California Association for Local Economic Development (CALED).

STAFF RECOMMENDATION:

It is recommended that the City Council Adopt Resolution No. 2023- 71 __: Opposing AB 480 and Authorizing the Mayor to send in letters of Opposition.

DOCUMENTS ATTACHED:
1 .

Resolution
2 .

Letter of Opposition

PREPARED BY:

Greg Folsom, City Manager

ATTACHMENTS:
1 Resolution Opposing AB 480 and Authorizing the Mayor to send in letters of Opposition.pdf 2 Letter of Opposition to AB 480.pdf
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28 RESOLUTION NO. 2023 - ____

RESOLUTION OPPOSING AB 480 AND AUTHORIZING THE MAYOR

TO SEND IN LETTERS OF OPPOSITION

WHEREAS, SLA is a “right of first refusal” law that requires all local agencies to offer surplus land for sale or lease to affordable home developers and certain other entities before selling or leasing the land to any other individual or entity; and

WHEREAS, any time a local agency disposes of land, it must follow the SLA unless the land qualifies as exempt surplus land. Dispositions include both sales and leases (unless the lease is less than five years or where no demolition or development will occur during the term of the lease); and

WHEREAS, the implementation of the SLA, including recent guidelines by the Housing and Community Development Department, has created immense delays and difficulties for local government agencies dealing with the use of their properties to further housing and economic development goals in service of their residents; and

WHEREAS, AB 480 would compound those difficulties by expanding state reviews and delays affecting properties retained for agency use and declared exempt surplus; and

WHEREAS, the SLA in its current form has already caused unnecessary delays and additional attorney and consultant costs to Suisun City that hurt the budget; and

WHEREAS, this bill is Opposed by Cal Cities and the California Association for Local Economic Development (CALED).

NOW, THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Suisun City, State of California, to Oppose AB 480 and Authorize the Mayor to send in letters of Opposition.

PASSED AND ADOPTED by the following vote at a regular meeting of the City Council of the City of Suisun City duly held on the 4
th day of April 2023:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

WITNESS my hand and the seal of said City this 4th day of April 2023.

Anita Skinner
City Clerk
73 DEPARTMENTS: AREA CODE (707)
ADMINISTRATION 421- 7300  DEVELOPMENT SERVICES 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 OF SUISUN CITY
701 Civic Center Blvd.

Suisun City, California 94585
Incorporated October 9, 1868

CITY COUNCIL
Alma Hernandez, Mayor
Princess Washington, Mayor Pro-Tem
Jenalee Dawson
Amit Pal

CITY COUNCIL MEETING
First and Third Tuesday
Every Month

AB 480 (Ting)

April 4, 2023

The Honorable Philip Ting
State Capitol, Ste. 8230
Sacramento, CA 95814

OPPOSITION TO AB 480

Dear Assembly Member Ting,

The City of Suisun City regrets that it must Oppose your AB 480, which undermines the ability of local agencies to conduct appropriate economic development activities on properties they acquire or otherwise own, by expanding the scope of authority for Department of Housing and Community Development (HCD) to review “ any action to dispose of land,” which would include properties retained for agency use, properties declared “exempt surplus,” and properties that local agencies are authorized by other laws to acquire and dispose of for economic development purposes.

We have recently approved an updated housing element that does not rely on the sale of surplus city lands to provide affordable housing. In fact, we have one affordable housing project under development and another that we are attempting to assist in getting financing. We support the development of all levels of housing on appropriately zoned parcels. However, Suisun City is a city that is revenue challenged and we need to preserve our ability to develop commercial projects that can enhance our ability to provide necessary services to our residents. The SLA in its current form has already caused us unnecessary delays and additional attorney and consultant costs that hurt our budget. 74 Rather than expanding the scope of the SLA, the law instead requires significant reform. The Legislature should thoroughly ev aluate the difficulties, bureaucratic delays and unintended consequences caused by implementation of the existing law on local agency activities, including addressing unresolved conflicts with other laws and state policy priorities the Legislature has enac ted that affect the disposal of local agency property.

For these reasons, the City of Suisun City regrets that it must respectfully Oppose AB 480. Please feel free to contact me at 707-431-7300 if you would like more information about this.

Sincerely,

Alma Hernandez
Mayor

Cc: Cecilia Aguiar Curry, Chair, Assembly Local Government Committee Buffy Wicks, Chair, Assembly Committee on Housing and Community Development Members, Assembly Committee on Local Government
Members, Assembly Committee on Housing and Local Government Gurbax Sahota, Chief Executive Officer, California Association for Local Economic Development Nancy Hall Bennett, [email protected]
League of California Cities (Via email: [email protected])

75 THIS PAGE INTENTIONALLY LEFT BLANK
76 AGENDA ITEM NO. 12

AGENDA TRANSMITTAL

MEETING DATE:

April
4, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-__: Support SB 747 and Authorizing the Mayor to send in Letters of Support.

FISCAL IMPACT:

There will be no fiscal impact from this action.

STRATEGIC PLAN:

Provide Good Governance.

BACKGROUND:

STAFF REPORT:

The implementation of the SLA, including recent guidelines by the Housing and Community Development Department, has created immense delays and difficulties for local government agencies dealing with the use of their properties to further housing and economic development goals in service of their residents. SB 747 addresses these concerns through an array of helpful changes to the SLA, including clarifying that only leases of less than 35 years are subject to the SLA, providing exemptions to assist transit, transit oriented development, airports, ports and other important agency uses, and avoiding delays for affordable housing developments which comply with the SLA’s affordability requirements.

Suisun City recently approved an updated housing element that does not rely on the sale of surplus city lands to provide affordable housing. In fact, in Suisun City there is one affordable housing project under development and another that is seeking financing. Suisun City supports the development of all levels of housing on appropriately zoned parcels. However, Suisun City is a city that is revenue challenged and needs to preserve the ability to develop commercial projects that can enhance its ability to provide necessary services to residents. The SLA in its current form has already caused unnecessary delays and additional attorney and consultant costs that hurt the budget.

This bill is Supported by Cal Cities and the California Association for Local Economic Development (CALED).

STAFF RECOMMENDATION:

It is recommended that the City Council Adopt Resolution No. 2023- __: Supporting SB 747 and Authorizing the Mayor to send in letters of support.

DOCUMENTS ATTACHED:
1 .

Resolution
2 .

Letter of support

77 PREPARED BY:

Greg Folsom, City Manager

ATTACHMENTS:
1 Resolution Supporting SB 747 and Authorizing the Mayor to send in Letters of Support.pdf 2 Letter of Support for SB 747.pdf
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28 RESOLUTION NO. 2023 - ____

RESOLUTION SUPPORTING SB 747 AND AUTHORIZING THE MAYOR

TO SEND IN LETTERS OF SUPPORT

WHEREAS, SB 747 addresses these concerns through an array of helpful changes to the SLA, including clarifying that only leases of less than 35 years are subject to the SLA, providing exemptions to assist transit, transit oriented development, airports, ports and other important agency uses, and avoiding delays for affordable housing developments which comply with the SLA’s affordability requirements; and

WHEREAS, the SLA in its current form has already caused unnecessary delays and additional attorney and consultant costs to Suisun City that hurt the budget; and

WHEREAS, this bill is Supported by Cal Cities and the California Association for Local Economic Development (CALED).

NOW, THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Suisun City, State of California, to Support SB 747 and Authorize the Mayor to send in letters of Support.

PASSED AND ADOPTED by the following vote at a regular meeting of the City Council of the City of Suisun City duly held on the 4
th day of April 2023:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

WITNESS my hand and the seal of said City this 4th day of April 2023.

Anita Skinner
City Clerk
79 DEPARTMENTS: AREA CODE (707)
ADMINISTRATION 421- 7300  DEVELOPMENT SERVICES 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 OF SUISUN CITY
701 Civic Center Blvd.

Suisun City, California 94585
Incorporated October 9, 1868

CITY COUNCIL
Alma Hernandez, Mayor
Princess Washington, Mayor Pro-Tem
Jenalee Dawson
Amit Pal

CITY COUNCIL MEETING
First and Third Tuesday
Every Month

SB 747 (Caballero)

April 4, 2023

The Honorable Anna Caballero
State Capitol, Ste. 7620
Sacramento, CA 95814

SUPPORT FOR SB 747

Dear Senator Caballero,

The City of Suisun City is pleased to Support your SB 747, which contains much needed clarifications and reforms to the Surplus Land Act (SLA) and reaffirms the role of existing Economic Opportunity Law that is used by local agencies to acquire and dispose of property to improve economic opportunities for local residents.

The implementation of the SLA, including recent guidelines by the Housing and Community Development Department, has created immense delays and difficulties for local government agencies dealing with the use of their properties to further housing and economic development goals in service of their residents. SB 747 addresses these concerns through an array of helpful changes to the SLA, including clarifying that only leases of less than 35 years are subject to the SLA, providing exemptions to assist transit, transit oriented development, airports, ports and other important agency uses, and avoiding delays for affordable housing developments which comply with the SLA’s affordability requirements.

We have recently approved an updated housing element that does not rely on the sale of surplus city lands to provide affordable housing. In fact, we have one affordable housing project under development and another that we are attempting to assist in getting financing. We support the developme nt of all levels of housing on appropriately zoned parcels. However, Suisun City is a city that is revenue challenged and we need to preserve our ability to develop commercial projects that can enhance our ability to provide necessary services to our residents. The SLA in its current form has already caused us unnecessary delays and additional attorney and consultant costs that hurt our budget. 80 Thank you for your leadership in beginning to apply a sharper legislative focus on the application of the SLA to ensure that the administration of the law remains consistent with legislative intent and avoids unintended delays or conflicts with other laws and policy priorities the Legislature has enacted- including actions to support and further economic development.

For these reasons, City of Suisun City is pleased to Support SB 747. Please feel free to contact me if you have any questions on this matter.

Sincerely,

Alma Hernandez
Mayor

Cc: Members, Senate Committee on Governance and Finance Gurbax Sahota, Chief Executive Officer, California Association for Local Economic Development Nancy Hall Bennett, [email protected]
League of California Cities (Via email: [email protected])

81 THIS PAGE INTENTIONALLY LEFT BLANK
82 AGENDA ITEM NO. 13

AGENDA TRANSMITTAL

MEETING DATE:

April
4, 2023

CITY AGENDA ITEM:

Council/Agency/Authority Approval of the Minutes of the Regular and/or Special Meetings of the Suisun City Council, Suisun City Council Acting as Successor Agency, and Housing Authority held on March 7, 2023 and March 21, 2023.

FISCAL IMPACT:

None

STRATEGIC PLAN:

Provide Good Governance.

BACKGROUND:

Pursuant to Government Code 40801, the City Clerk shall keep an accurate record of the proceedings of the City Council meetings. City Council minutes are prepared in a manner consistent with the intent of the Government Code. Minutes provide a record of when and where the meeting took place, type of meeting, and report any action taken, including the vote of each member of the City Council.

STAFF REPORT:

The minutes of the City Council, Suisun City Council Acting as Successor Agency, and Housing Authority meetings held on March 7, 2023 and March 21, 2023, are submitted for review and approval.

STAFF RECOMMENDATION:

DOCUMENTS ATTACHED:
1 .

Minutes - March 7, 2023 Special Closed Session Meeting. 2 .

Minutes - March 7, 2023 Regular Council/Successor Agency/Housing Authority Meeting. 3 .

Minutes - March 21, 2023 Special Closed Session Meeting. 4 .

Minutes - March 21, 2023 Regular Council/Successor Agency/Housing Authority Meeting.

PREPARED BY:

Anita Skinner, City Clerk
REVIEWED BY:

Greg Folsom, City Manager
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:
1 Minutes - March 7, 2023 Special Closed Session Meeting.pdf 2 Minutes - March 7, 2023 Regular Council-Successor Agency-Housing Authority Meeting.pdf 3 Minutes - March 21, 2023 Special Closed Session Meeting.pdf 4 Minutes - March 21, 2023 Regular Council-Successor Agency-Housing Authority Meeting.pdf 83 CITY COUNCIL MEETING
Alma Hernandez, Mayor
Princess Washington, Mayor Pro Tem
Jenalee Dawson, Member
Amit Pal, Member

MINUTES

SPECIAL MEETING OF THE SUISUN CITY COUNCIL
AND

SUISUN CITY COUNCIL ACTING AS SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY OF THE CITY OF SUISUN CITY
TUESDAY, MARCH 7, 2023
5:30 PM

Suisun City Council Chambers - 701 Civic Center Boulevard - Suisun City, California NOTICE

The following Council/Successor Agency/Housing Authority meeting may include teleconference participation by:

Council/Board Members Jenalee Dawson, Amit Pal, Mayor Pro Tem Princess Washington, and Mayor Alma Hernandez, in accordance with subdivisions (b) or (f) of Section 54953 of the Government Code, as applicable.

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.

ZOOM MEETING INFORMATION:

WEBSITE: https://zoom.us/join
MEETING ID: 848 2340 1957
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), VIA WEBSITE, OR ZOOM CALL IN PHONE NUMBER (707) 438 -1720

(If attending the meeting via phone press *9 to raise your hand and *6 to unmute/mute for public comment.)

ROLL CALL
Mayor Hernandez called the meeting to order at 5:31pm with the following Council Members present:

PRESENT: Dawson, Hernandez, Washington
ABSENT: Pal

CONFLICT OF INTEREST NOTIFICATION None
(Any items on this agenda that might be a conflict of interest to any Councilmembers/Boardmembers should be identified at this time.)
84 PUBLIC COMMENT None
(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.

CLOSED SESSION
Pursuant to California Government Code Section 54950 the Suisun City Council and Suisun City Council Acting as Successor Agency will hold a Closed Session for the Purpose of:

City Council
1 CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Name of Case: Giddens v. City of Suisun City Case No. 2:14-cv-00943. Gov’t Code § 54956.9(c), (d)(1).
2 CONFERENCE WITH LABOR
NEGOTIATOR Pursuant to Government
Code Section 54957.6
Agency negotiator: City Manager Employee
organizations: Unrepresented Employees;
SCEA (Suisun City Employees’ Association);
SCMPEA (Suisun City Management and Professional Employees’ Association); SCPOA (Suisun City Police Officers Association); SCPFA IAFF (Suisun City Professional Firefighters’
Association);
Temporary/Part-Time Employees.

Suisun City Council Acting as Successor Agency
3 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: 0032-200-330, located at 1240 Kellogg Street.

Negotiating Party: City Manager
Parties Negotiating: Larson Marine
Under Negotiations: Terms and payment
Council entered into Closed Session at 5:32pm.

CONVENE OPEN SESSION
Announcement of Actions Taken, if any, in Closed Session.

ADJOURNMENT
There being no further business the meeting was adjourned at 6:37 pm. ________________________________
Anita Skinner, City Clerk

85 CITY COUNCIL MEETING
Alma Hernandez, Mayor
Princess Washington, Mayor Pro Tem
Jenalee Dawson, Member
Amit Pal, Member

MINUTES

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, MARCH 7, 2023
6:30 PM

Suisun City Council Chambers - 701 Civic Center Boulevard - Suisun City, California

NOTICE
The following Council/Successor Agency/Housing Authority meeting may include teleconference participation by:

FACE MASKS ARE RECOMMENDED FOR MEMBERS OF THE PUBLICWHILE IN CITY FACILITIES IF NOT FULLY VACCINATED. IF YOU DO NOT HAVE A FACE MASK, ONE WILL BE PROVIDED FOR YOU.

ZOOM MEETING INFORMATION:

WEBSITE: https://zoom.us/join
MEETING ID: 823 9256 5194
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), VIA WEBSITE, OR ZOOM CALL IN PHONE NUM BER (707) 438- 1720.

(If attending the meeting via phone press *9 to raise your hand and *6 to unmute/mute for public comment.)

(Next Ord. No. – 799)
(Next City Council Res. No. 2023 – 22)
Next Suisun City Council Acting as Successor Agency Res. No. SA2023 - 01) (Next Housing Authority Res. No. HA2023 – 02)

City Attorney Gerli reported that Closed Session Item #1 had reached a settlement with Giddens.

Closed session adjourned at 6:37pm.

86 ROLL CALL
Mayor Hernandez called the meeting to order at 6:46 pm with the following Council Members present:

PRESENT: Dawson, Hernandez, Washington
ABSENT: Pal

Pledge of Allegiance was led by Council Member Dawson.

Invocation was given by City Manager Greg Folsom.

CONFLICT OF INTEREST NOTIFICATION None
(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.)

1 City Manager Update - (Folsom: [email protected]).
• Planning Commission approved the Tractor Supply Project and recommended the City Council approve the updated Housing and Safety Element which is scheduled to be head at the 3/21 Council meeting.
• Public Safety Committee, Environment Committee and Measure S Committee appointments need to be made by the Mayor and Council Members. • Know Your Zone campaign has gone live. Solano County has pre -established evacuation zones; County Office of Emergency Services h as partnered with Zone Haven; we are currently in Zone SUZ -1518 and there are a total of 11 zones within Suisun City. More information can be found on the city website. • Solano EDC annual meeting is Tuesday, 3/21, as well as the Cal Division meeting on 3/30; please RSVP to Donna if we plan to attend.

PRESENTATION/APPOINTMENTS
(Presentations, Awards, Proclamations, Appointments).

2 Mayoral Appointment of Commissions and Committees -
(Hernandez:
[email protected]).
a. Approval of Appointment to the CAP2 Solano Board of Directors.

Mayor Hernandez appointed Council Member Dawson to the Board of Directors.

Motion by Mayor Hernandez to approve the appointment and seconded by Vice Mayor Washington. Motion was approved by the following vote:

AYES: Dawson, Hernandez, Washington
NOES: None
ABSENT: Pal

Speaker cards are available on the table near the entry of the meeting room and should be given to the City Clerk. By 87 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.)

Jeremy Snyder, POA, concerned about safety of the community, losing 8 officers before the end of June, department is in a crisis, have previously voiced concerns, feel department does not have support from the council, listed services that will be effected, take action before it’s too late.

Steve Orly thank Amit Pal for light on School Street, railroad cars stored on the edge of town, city needs to make an attempt to have cars moved, upcoming budget 5mil for roads, 5mil for dredging

George Guynn, supervisors meeting today got rid of covid restrictions, officer should be grateful he has a job and is able to get experience, a lot to be done

James Berg thank those that fix street light, attend Kellogg meeting, do not want any more hiking trails, POA but until code enforcement changes, nothing will be changed, railroad cars nee d to be moved, city needs to put more pressure, PC last week need more time to research topics, account numbers, person says CM not returning calls, homeless

Donna LeBlanc concerned about the police department, make it a priority to keep officers we hire here, need to stop revolving door; Kellogg facility meeting spoke with residents that live there, homeless/fire, concerned with the open gate that it stays open and maintained.

COUNCIL COMMENTS

3 Council/Board Member Updates.

Dawson last week joined the sanitation department for meeting regarding water and sewer system; absence of Hudson addition of trash member

Washington (DC) great opportunity to attend, thank the PD for their efforts to keep our city safe, will do whatever to keep officers here

Hernandez thanked Dawson/Washington as well as FFSD to advocate for the city; meeting with Folsom, Col Salmi from Travis AFB and tour; Kellogg resiliency meeting, 5% of project design, ffsd.com has more information; office of educati on bringing youth programs to city; connected with CAP2 to help facilitate a homeless meeting, Supervisor Williams and FF Mayor Moy, encampments outside our jurisdiction; thank members for reaching out regarding the homeless situation, will continue to keep public informed; public safety is important.

CONSENT CALENDAR

Consent calendar items requiring little or no discussion may be acted upon with one motion.

Joint City Council / Suisun City Council Acting as Successor Agency / Housing Authority

4 Accept the Investment Report for the Quarter Ending December 31, 2022 - (Deol:
[email protected]).

88 5 Council/Agency/Authority Approval of the Minutes of the Regular and/or Special Meetings of the Suisun City Council, Suisun City Council Acting as Successor Agency, and Housing Authority held on February 21, 2023 – (Skinner: [email protected]).

Motion by Council Member Dawson to approve the Consent Calendar and seconded by Vice Mayor Washington. Motion passed by the following vote:

AYES: Dawson, Hernandez, Washington
NOES: None
ABSENT: Pal

PUBLIC HEARING NONE

GENERAL BUSINESS

City Council

6 Council Adoption of Resolution No. 2023 -22: Approving the Design and Budget for Prosperity Garden Park and Authorizing the City Manager to Proceed with the Project - (Lofthus: [email protected]).

Kris Lofthus presented the staff report and introduced two members of the design group Melton Design Group who presented the power point design. Ryan Rieounger and Greg Melton.

Council Members asked clarifying questions which were replied to by staff and consultants.

PUBLIC COMMENTS
Clerk read email from Eddrick Osborne who supported the designs and goals of the project.

George Guynn commented it was a very good project and asked what the consumption of water use would be?

Michelle Chavez commented she was so glad this is coming to fruition. She asked who would be doing the restroom maintenance?

Steve Olry complimented the design; asked about after hour access; who will pay for vandalism?

Staff and consultants responded to questions.

Consensus by council to add the tractor with hopes Tractor Supply will pitch in.

Motion by Vice Mayor Washington to approve the design and budget and seconded by Council Member Dawson. Motion passed by the following vote:

AYES: Dawson, Hernandez, Washington
NOES: None
ABSENT: Pal

7 Code Enforcement Division Showcase - (Bermudez: [email protected]). 89 Development Services Department Director Jim Bermudez presented the report and power point.

Council made comments and asked clarifying questions.

Mr. Bermudez spoke briefly on policy being created by Trash and Garbage ad hoc.

Mayor Hernandez commented on Mr. Bermudez’s remarks on proactivity and what resources would be needed and interested in that coming back for discussion and direction.

George Guynn thanked staff for presentation; commented if someone has a criminal record and a misdemeanor is placed, they could lose their job which would make it impossible to pay fines; cars parked on public streets are more of an issue than cars in driveways.

Michelle Chavez asked if city is able to go back to enforcement of garbage cans visible from street; explore community partnerships with businesses; cars parked on grass, inoperable cars in driveways

Steve Olry commented Suisun is one of the most cluttered cities in Solano County due to lack of enforcement; there is not enough staff to do the enforcement and city needs to start with the small things of getting cars off the streets and lawns and see a positive impact.

Donna Le Blanc commented on big trucks parked on street at Blossom and Railroad Avenues; is it possible for the public to take pictures of the junk yard in that area and submit; are code violations public information; are disabled or elderly provided a list of services to help them with clean up; educate public on what is and is not a violation.

Mr. Bermudez responded to questions.

REPORTS: (Informational items only)

8 Non-Discussion Items.

ADJOURNMENT
There being no further business the meeting was adjourned at 9:05pm.

_________________________________
Anita Skinner, City Clerk

90 CITY COUNCIL MEETING
Alma Hernandez, Mayor
Princess Washington, Mayor Pro Tem
Jenalee Dawson, Member
Amit Pal, Member

MINUTES

SPECIAL MEETING OF THE SUISUN CITY COUNCIL
TUESDAY, MARCH 21, 2023
5:00 PM

Suisun City Council Chambers - 701 Civic Center Boulevard - Suisun City, California .

CITY COUNCIL MEETINGS ARE HELD IN-PERSON

PUBLIC PARTICIPATION IS ALSO AVAILABLE VIA ZOOM

ZOOM MEETING INFORMATION:

WEBSITE: https://zoom.us/join
MEETING ID: 852 2125 6409
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), VIA WEBSITE, OR ZOOM CALL IN PHONE NUMBER (707) 438 -1720

(If attending the meeting via phone press *9 to raise your hand and *6 to unmute/mute for public comment.)

ROLL CALL

Mayor Hernandez called the meeting to order at 5:02pm with the following Council Members present:

PRESENT: Dawson, Hernandez, Pal, Washington
ABSENT: None

CONFLICT OF INTEREST NOTIFICATION None
(Any items on this agenda that might be a conflict of interest to any Councilmembers/Boardmembers should be identified at this time.)

PUBLIC COMMENT None
(Request by citizens to discuss any matter under our jurisdiction other than an i tem 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 Ci ty 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.)

CLOSED SESSION

Pursuant to California Government Code Section 54950 the Suisun City Council and Suisun City Council Acting as Successor Agency will hold a Closed Session for the Purpose of:

91 City Council

1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a), (d) (1) Name of case: Louisa Pickering and Michael Pickering (Plaintiffs) v. City of Suisun City (Defendants), et al - Case # FCS055707

2 CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency negotiator: City Manager
Employee organizations:

Unrepresented Employees;
SCEA (Suisun City Employees’ Association);
SCMPEA (Suisun City Management and Professional Employees’ Association); SCPOA (Suisun City Police Officers Association); SCPFA IAFF (Suisun City Professional Firefighters’
Association); Temporary/Part-Time Employees.

3 PERSONNEL MATTERS
Pursuant to Government Code Section 54957(b)(1) et seq. the Suisun City Council will hold a Closed Session for the purpose of Public Employee Performance Evaluation: City Attorney.

4 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8 Real Property Identified by APN 0173-010- 230, located at 318 Merganser Drive
Negotiating Party: City Manager
Subject: Price and Terms of Payment
Parties Negotiating With: To Be Determined

Council entered into closed session at 5:03pm.

CONVENE OPEN SESSION

Announcement of Actions Taken, if any, in Closed Session.

City Attorney made announcement on Item #2 at the beginning of the 6:30pm Council Meeting.

ADJOURNMENT

__________________________________
Anita Skinner, City Clerk

3 92
,CITY COUNCILMEETING
Alma Hernandez, Mayor
Princess Washington, Mayor Pro Tem
Jenalee Dawson, Member
Amit Pal, Member

MINUTES

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, MARCH 21, 2023
6:30 PM

Suisun City Council Chambers - 701 Civic Center Boulevard - Suisun City, California

CITY COUNCIL MEETINGS ARE HELD IN-PERSON

PUBLIC PARTICIPATION IS ALSO AVAILABLE VIA ZOOM

ZOOM MEETING INFORMATION:

WEBSITE: https://zoom.us/join
MEETING ID: 813 6886 7869
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), VIA WEBSITE, OR ZOOM CALL IN PHONE NUMBER (707) 438 -1720

(If attending the meeting via phone press *9 to raise your hand and *6 to unmute/mute for public comment.)

(Next Ord. No. – 799)
(Next City Council Res. No. 2023 – 23)
Next Suisun City Council Acting as Successor Agency Res. No. SA2023 - 01) (Next Housing Authority Res. No. HA2023 – 02)

City Attorney Gerli made an announcement regarding Closed Session Item #2.

ROLL CALL
Mayor Hernandez called the meeting to order at 6:48pm with the following Council Members present:

PRESENT: Dawson, Hernandez, Pal, Washington
ABSENT: None
Pledge of Allegiance was led by Council Member Pal.

Invocation was led by City Manager Greg Folsom.

CONFLICT OF INTEREST NOTIFICATION None
93 (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.)

1 City Manager Update - (Folsom: [email protected]).
• Wind screen project at train station completed.
• Public Works successful for grant funding FB page for details. • New city website up and running.

PRESENTATION/APPOINTMENTS
(Presentations, Awards, Proclamations, Appointments).

2 Mayoral Appointment of Commissions and Committees - (Hernandez:
[email protected]).
a. Approval of Appointments to the Environment & Climate Community Advisory Committee.

Mayor Hernandez moved to appoint Aleta George to the Environment & Climate Committee and seconded by Council Member Dawson. Motion passed by the following vote:

AYES Dawson, Hernandez, Pal, Washington
NOES: None
ABSENT: None

b. Approval of Appointments to the Public Safety & Emergency Management Committee.
c. Approval of Appointments to the General Tax Oversight Committee.

Items 2b & 2c moved to April 4th due to clarifying questions.

3 Proclamations Presented at Meeting - (Hernandez: [email protected]). a. Presentation of Proclamation Proclaiming March 2023 as "Red Cross Month" in Suisun City.

Mayor Hernandez read proclamation and presented by Vice Mayor Washington

b. Presentation of Proclamation to Veterans of Foreign Wars (VFW) Auxiliary 2333.

Moved to April 4th meeting due to representative being unable to attend.

Moving Item 14 after Consent Calendar in accordance with consultation with City Attorney.

Speaker cards are available on the table near the e ntry 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.)

94 Jonathan DeFuentes, P ublic Works employee, spoke on lack of resources to get job done, low morale, stagnant wages, asked Council to address employees needs and to provide the tools and materials needed to get job done.

Donna LeBlanc closed session just had re: 318 Merganser Drive, any negotiations be held in public sessions; possible Brown Act violation by the mayor per article in the S unday edition of the Daily Republic and asked City Attorney to clarify.

Attorney Gerli commented there was no Brown Act violation; no specific requirements on the applications were being provided; closed session item before any property is disposed of it must be declared surplus and that has not been.

Tim Williams commented on the recent car show downtown, low riders, offensive music, don’t want it in the community or in public at a community event; needs to possibly be checked in advance or guidelines set on the type of music that can be played.

Steve Olry complimented on rail cars being moved; financial status of the city is ugly and grim; 5 years to get dredging funded; Police Department disintegrating; small businesses opening but will have little impact on revenues needed.

Ron commented on city street and asked where is all the monies to fix the streets,

George Guynn commented on the accumulative 110 years of service for Public Works; police are leaving, not fixing roads, congrats on grant from state; need to get rid of homeless programs and low income housing; need to solve problems and turn things around.

James Berg commented Council does not participate in negotiations ; don’t have grants coming in ; named staff and their salaries; need to choose between residents and employees; City has not ended S tate of Emergency which is illegal.

Gabriella commented city roads are horrible; homeless situation is bad; city is dirty; who runs the city: no equipment for Public Works to do their jobs; city manager needs to take a pay cut and provide the department with necessary equipment to get the jobs done.

Michelle Chavez asked what the city plan is to staff the police department and keep our city and citizens safe; anything that can be done for Public Works needs to be done; possibility of town hall or some type of open dialogue.

Doug commented on some city leaders not being a resident of Suisun City; concerned about the safety of the city; what kind of plan is there for the future of the police department.

Lito Santos spoke about safety in neighborhoods; now we have people leaving the police department; costs for neighborhood watch signs.

Mayor Hernandez commented there were only two resignations from police department and currently in negotiations so cannot speak on it.

COUNCIL COMMENTS
95 4 Council/Board Member Updates.

Council Member Dawson held comments.

Council Member Pal attended the EDC breakfast; ride along with Fire Dept.; met with local business.

Vice Mayor Washington thanked Public Works for their service, had a chance to shadow, important to offer support for all departments; update at next meeting where we stand financially; challeng e to bring in new business and encourage residents to shop locally.

Mayor Hernandez commented council is limited in what can be said about police de partment negotiations; don’t have the revenue streams we would like to have; strategic plan for police department was voted down by previous Council; thanked Public Works; past Friday, Fairfield-Suisun Annual Rotary held annual awards and congratulated Sui sun City Firefighter Darren Antes for 2022 Firefighter of the Year; Homeless Regional Meeting Thursday at 6:30 at 675 Union Avenue; homeless forum being formed with the help of Council Member Dawson, on Wednesday, April 5 th; EDC breakfast provided great information on opportunities to attract businesses and other ways to increase revenues.

CONSENT CALENDAR
Consent calendar items requiring little or no discussion may be acted upon with one motion.

City Council
5 Council Adoption of Resolut ion No. 2023 -23: Resolution Approving a Priority List of Community Events for Fiscal Year (FY) 2023-2024 - (Lofthus: [email protected]).

6. Council Adoption of Resolution No. 2023-24: Resolution Adopting a List of Projects for Fiscal Year 2023-24 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 - (Vue: [email protected]).
7 Council Adoption of Resolution No. 2023-25: Resolution of Approving the Final Map for the Lotz Way Subdivision, Accepting All Offers of Dedication and Authorizing the City Manager to Sign the Subdivision Improvement Agreement with Ashria, LLC - (Vue:
[email protected]).
8 Council Adoption of Council Resolution 2023 -26: Resolution of Intention to Annex Territory to Community Facilities District and to Authorize the Levy of Special Taxes Therein (Lawler Mixed Use) - (Vue: [email protected]).
9 Council Adoptio n of Council Resolution 2023 -27: Resolution of Intention to Annex Territory to Community Facilities District and to Authorize the Levy of Special Taxes Therein (Marina Village Apartments) - (Vue: [email protected]). 10 Council Adoption of Resolution No. 2023 - 28: Resolution Accepting the 2022 Annual Progress Report of the Suisun City General Plan and Housing Element - (Bermudez:
[email protected]).
11 Council Ad option of Resolution No. 2023 -29: Resolution Authorizing Amending the Membership of the Public Safety & Emergency Management Community Advisory Committee - (Lopez:[email protected]).

Joint City Council / Suisun City Council Acting as Successor Agency 96 12 Council/Agency Approval of February 2023 Payroll Warrants in the Amount of $626,272.47 and Council/Agency Approval of the February 2023 Accounts Payable Warrants in the Amount of $825,257.03 - (Finance).

Council Member Pal pulled Item #6.

PUBLIC COMMENTS
Item #5
James Berg $136K for events is ridiculous; when will we see individual council put items on the agenda rather than always staff.

Item #8 & 9
Donna LeBlanc commented on the lack of proof reading of doc uments before they are put in t he agenda packets.

Motion by Council Member Dawson to approve Consent Calendar Items 5,7,8,9,10,11,12 and seconded by Vice Mayor Washington. Motion passed by the following vote:

AYES: Dawson, Hernandez, Pal, Washington
NOES: None
ABSENT: None

ITEM #6 – Pulled
Council Member Pal asked staff to explain how list was created; there are other streets residents want looked at.

Public Works Director Vue responded.

PUBLIC COMMENT
Steve Olry stated staff needs to look at Wigeon Way and Shoveller, streets are so bad.

Engineer Nick Lozano responded.

Donna LeBlanc commented the report is not due until July, no need to rush; Council needs to drive those streets on the list; Emperor should not even be on the list and what about Merganser and Gadwall; need to figure out priority for fixing roads.

Director Vue and Engineer Lozano responded.

Motion by Council Member Pal to approve Consent Calendar Item #6 and seconded by Council Member Dawson. Motion passed by the following vote:

AYES: Dawson, Hernandez, Pal, Washington
NOES: None
ABSENT: None

97 GENERAL BUSINESS ITEM #14 moved up on the agenda.

14 Council Approval of the Staff Recommendation to Implement the Suisun Microtransit Monthly Pass Program - (Brandon Thomson, Transit Mobility Coordinator).  Brandon Thomason presented the report.

Council asked clarifying questions which Mr. Thomson replied to.

PUBLIC COMMENTS
Donna LeBlanc thanked STA for listening to concerns about school kids; will there be a low- income fare; can you use same pass for different systems.

Brandon responded to questions.

Motion by Vice Mayor Washington to approve Item #13 and seconded by Mayor Hernandez.

Motion passed by the following vote:

AYES: Dawson, Hernandez, Pal, Washington
NOES: None
ABSENT: None

PUBLIC HEARING

City Council

13 PUBLIC HEARING: SUISUN CITY GENERAL PLAN UDPATES - (Bermudez:
[email protected]). 
a. Council Adoption of Resolution No. 2023 - 30: A Resolution of the City Council of the City of Suisun City Adopting a General Plan Amendment to Repeal the 2015 - 2023 Housing Element and Adopt the Housing Element of the General Plan for the Period of 2023 -2031 in Compliance with State Housing Element Law, and, Determine the Housing Element is Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Section 15061(b)(3) b. Council Adoption of Resolution No. 2023 - 31: A Resolution of the City Council of the City of Suisun City Adopting a General Plan Amendment to Update the General Plan Public Health and Safety Element, and, Determine the Safety Element is Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Section 15061(b)(3)

Principal Planner John Kerns introduced Cynthia Walsh and Jacquelyn Rohr with Placeworks who presented the report.

Council asked clarifying questions which Ms. Walsh and Ms. Rohr responded to.

Mayor Hernandez opened the Public Hearing.

George Guynn thanked Council Member Pal for his questions on landlords; city is not going to get any benefits for this item, city needs to deal with homeless. 98 Steve Olry commented t his is a delicate subject; conform to state standards ; Marina Apartment project is going to be a disaster; what are we going to do with the remaining 5 parcels.

James Berg stated this is a big decision on the city’s future; these properties are our way to get back financially; if city does not comply with state, lands could be seized by them; ADU’s are the way to go.

ON-LINE
Lito Santos asked for clarification from city attorney on seized land.

Mayor Hernandez closed the Public Hearing.

City Attorney Ge rli responded to clarifying questions on Regional Housing Needs Assessment (RHNA) and state land seizers.

Council thanked Attorney Gerli and staff for presentation and clarifications.

Motion by Council Member Dawson to approve Item #13 and seconded by Vice Mayor Washington. Motion passed by the following vote:

AYES: Dawson, Hernandez, Pal, Washington
NOES: None
ABSENT: None

GENERAL BUSINESS

City Council

15 Council Adoption of Resolution No. 2023- : Resolution of the City Council of the City of Suisun City Appointing _________ to the Vacant Councilmember Seat for the Remainder of the Current Term - (City Attorney).

City Attorney Gerli explained process approved at a prior meeting . Five people applied and one withdrew, Mayor interviewed and has brought 3 forward

Mayor Hernandez outlined the process that was used which was preset by council at a previous meeting.

Mayor Hernandez had each applicant introduce themselves.

Applicants Katrina Garcia, Marlon Osum, Jonathan Richardson spoke.

Mayor Hernandez spoke on key takeaways from her interviews with the three candidates which led her to the two applicants moving forward which are Mr. Osum and Mr. Richardson.

Council took a brief recess at 9:43pm and reconvened at 9:50pm

99 Council Members asked questions of each applicant.
.

PUBLIC COMMENTS
Clerk Skinner commented a total of 46 emails were received. Six were supporting candidate Katrina Garcia and 40 were supporting Marlon Osum.

City Clerk Skinner left meeting at 11:10pm.; with City Attorney Gerli taking over.

Donna LeBlanc, George Guinn supported Katrina. James had left by the time we got to public comment.

Council recessed 11:30 to 11:48.

Continued discussion by the Council and scoring of the two candidates. Mayor Hernandez tallied the scoring with Mr. Richardson scoring 41 and Mr. Osum scoring 38.

Motion by Mayor Hernandez to appoint Johnathan Richardson and seconded by Vice Mayor Washington.

Substitute motion by Council Member Dawson and seconded by Council Member Pal to continue to the April 4th meeting. Motion passed by the following vote:

AYES: Dawson, Hernandez, Pal, Washington
NOES: None
ABSENT: None

Consensus by Council to have this item heard first on the April 4th agenda and also giving Council an opportunity to speak individually with the candidates.

Mayor Hernandez thanked everyone for their thought process and consideration on this item and thanked those in attendance for staying.

REPORTS: (Informational items only)

16 Non-Discussion Items.

ADJOURNMENT
There being no further business the meeting was adjourned at 12:37pm.

_____________________________
Anita Skinner, City Clerk
4 100
AGENDA ITEM NO. 15

AGENDA TRANSMITTAL

MEETING DATE:

April
4, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-___: Establishing a Citywide Beautification Advisory Committee and Approving a $5,000 Budget for the Committee.

FISCAL IMPACT:

The Committee will meet monthly (except for December and July) and will be autonomous requiring minimal support from staff or other Commissions, the fiscal impact to the City will be approximately $5,000.

STRATEGIC PLAN:

Provide Good Governance. Ensure Public Safety. Enhance Environment.

BACKGROUND:

On February 19, 2019, the City Council endorsed the creation of several Citizen Advisory Committees. The created Committees included the following: Public Safety, Environment and Climate, and Landscaping & Lighting District.

On March 29, 2022, the City Council dissolved the Landscaping & Lighting District Advisory Committee (Committee had been re-named Community Advisory Committee).

On May 31, 2022, the formation of a Beautification Advisory Committee was brought before Council for Discussion and Direction. Comments and suggestions were received in-person from the public.

Additional comments and suggestions were also received via email.

On July 26, 2022, a proposed Citywide Beautification Advisory Committee (Committee) was brought before Council for adoption. City Council discussed the Committee’s purpose, mission, visions, responsibilities, and appropriate number of Committee members. Staff was directed to bring the topic back for further Discussion and Direction at future Council Meeting.

The key points requiring further Discussion and Direction were as follows:

Mission/Purpose
Visions
Responsibilities (will the Committee overshadow other existing community groups) Number of Committee members
How often should the Committee report back to City Council Ad Hoc (bring back to hear and identify if an Ad Hoc is appropriate)

On January 3, 2023, City Council expressed its desire to move forward with the formation of a Citywide Beautification Advisory Committee and additionally provided staff with guidance regrading Committee supporting topics (listed above). At this meeting, Council determined that the Committee should contain seven (7) Committee members.

STAFF REPORT:

The adoption of the Committee by resolution is the first step in the formation process for a Citywide Beautification Advisory Committee. This is before you tonight. An additional step to be determined tonight would be for the City Council to appoint seven (7) members of the public 101
to the Committee. See Attachment A for the structure of the Citywide Beautification Advisory Committee.

Per Council, the mission of the Committee is to enhance the quality of life in the Suisun City Community by focusing on the following functions:

Identifying sites in need of beautification (i.e., public areas and public arts).

Engaging and educating the public on how beautification strengthens our sense of community and pride.

Coordinating public volunteer clean-up events.

Working with civic groups and government agencies in rehabilitating public areas.

Developing and implementing an annual Beautification Awards Program for property and business owners who beautify their properties.

STAFF RECOMMENDATION:

It is recommended that the City Council adopt: Establishing a Citywide Beautification Advisory Committee and Approving a $5,000 Budget for the Committee.

DOCUMENTS ATTACHED:
1 .

Resolution 2023-__: Establishing a Citywide Beautification Advisory Committee and Approving a $5,000 Budget for the Committee.
2 .

PowerPoint
3 .

Exhibit A

PREPARED BY:

Amanda Dum, Management Analyst II
REVIEWED BY:

Nouae Vue, Public Works Director
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:
1 Resolution Establishing a Citywide Beautification Advisory Committee.pdf 2 PowerPoint Presentation.pdf
3 Exhibit A - Citywide Beautification Advisory Committee.pdf 102

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. 202 3-

A RESOLUTION OF THE CITY COUNCIL ESTABLISHING A CITYWIDE BEAUTIFICATION ADVISORY COMMITTEE AND APPROVING A $5,000

BUDGET FOR THE COMMITTEE

WHEREAS, after the dissolution of the Landscaping & Lighting Committee the City Council expressed an interest in considering the formation of a new Citywide Beautification Advisory Committee; and
WHEREAS, upon further review the Council has determined the formation of a new Citywide Beautification Advisory Committee is in the best interest of the City and its residents; and
WHEREAS, the Council’s purposes in establishing the new Citywide Beautification Advisory Committee are their desire to foster a culture of civic engagement as part of Suisun City’s form of governance and their desire to improve the visual appearance of the City.

NOW THEREFORE BE IT RESOLVED, that the formation and membership of the Citywide Beautification Advisory Committee shall be established as provided for in Exhibit A; and
BE IT FURTHER RESOLVED, that the City Council commence s in forwarding the names of individual s for appointment to the Citywide Beautification Advisory Committee as provided for in Exhibit A.

PASSED AND ADOPTED at a Regular Meeting of said City Council of the City of Suisun City duly held on Tuesday, the 4th day of April 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 4th day of April 2023.

Anita Skinner
City Clerk

103
Formation of a
Citywide Beautification
Advisory Committee
Council Meeting – April 4, 2023
Background
▪ 2/19/19 - LLD Advisory Committee was formed
▪ 2021 - Decision to bring maintenance of LLD landscaping in-house
▪ 3/29/22 -
LLD Advisory Committee was dissolved
▪ 3/29/22 - Council discussed formation of a Citywide
Beautification Advisory
Committee
▪ 5/31/22 – Council continue discussion of the Committee ▪ 7/26/22 – Formation proposal for the Committee was brought to Council
▪ 1/03/23 –
Council continue discussion and guidance of the
formation of the Committee
1 2
104
Citywide Beautification Advisory Committee
Structure & Guidelines
▪ Seven (7) members (not limited to 18 years old or older) ▪ Two-year term appointment
▪ Subject to Brown Act
▪ Meets monthly (except for December & July) and be
autonomous, requiring little to no support from City staff and/or other Commissions
and/or Public Works
Maintenance
▪ Create a priority list for Council to review
▪ Annual budget of
$5,000
Mission: Enhance Quality of Life in Suisun City
 Identify sites in need of beautification
 Engage and educate the public on how beautification
strengthens our sense of community and pride
 Coordinate public volunteer clean-up events
 Work with civic groups and government agencies in
rehabilitating public areas
 Develop and implement annual Beautification Awards
Program for property and business owners who beautify their properties
3 4
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Questions?
Thank you
5 106

Exhibit A
Citywide Beautification Advisory Committee

Purpose and Mission:

Citywide Beautification Advisory Committee of Suisun City. The Committee’s purpose shall enhance the quality of life in the community by focusing on the following functions:
• Identify sites in need of beautification (i.e., public areas and public arts). • Engage and educate the public on how beautification strengthens our sense of community and pride.
• Coordinate public volunteer clean-up events.
• Work with civic groups and government agencies in rehabilitating public areas. • Develop and implement annual Beautification Awards Program for property and business owners who beautify their properties.

The structure of the Citywide Beautification Advisory Committee shall be as follows:

A. The Committee shall be a “Standing Committee” as defined by the Brown Act as one which has “continuing subject matter jurisdiction.” Therefore , it is subject to the Brown Act’s notice and posting requirements. Standing Committees do not have to establish a “regular meeting time and place” but must meet in public and post notices of their meetings.

B. Committee shall appoint a member or members who will be responsible for 1) taking and maintain meeting notes and 2) creating meeting agendas.

C. The Committee shall hold monthly meetings with the exception of December and July. The meetings will take place at a City Building and at a time convenient for its members and allow for maximum community participation.

D. The Agenda shall be properly noticed and posted at City Hall and on Suisun.com.

E. The Committee members are not limited to 18 years old and older.

F. The Committee shall serve as an Advisory Committee to both the City Council and to City Commissions. Once a consensus of the Committee is reached, they will submit any findings, reports, accomplishments, and/or comments to the City Council on a quarterly basis. All such reports and findings are to be solely advisory in nature. On occasion, the City Council or Commission may direct the Committee to review a particular item and may request a report with a specific date or time certain. In either case, the Committee would be subject to the same regular agenda process for appearing before the City Council or Commission.

G. The Committee shall submit a list of areas of priority focus to Council for consideration.

H. The Committee appointment shall be for two-year with the number of appointments being determined based on the specific Committee and confirmed by the City Council. a. Citywide Beautification Advisory Committee: Seven (7) member committee with each member appointed by a member of the Council, with the Mayor having two (2) appointments.
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AGENDA ITEM NO. 16

AGENDA TRANSMITTAL

MEETING DATE:

April
4, 2023

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:

Provide Good Governance. Enhance Environment.

BACKGROUND:

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 18th, 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)

Staff had several internal meetings to discuss these items with the following outcomes:

Signage: The 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 license 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 legally required digital storage of data from the cameras, staff does not recommend this option. “Game cameras” may be a less expensive option, but it will not likely provide admissible evidence.
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Fine Structure: Fines are imposed by the Court as allowed by the CA Penal Code or the CA Vehicle Code:

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.

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 accountable: 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 prioritized with Public Works over the many other responsibilities they have, such as mowing and filling potholes.

Education: Signage, enforcement, promoting our mobile app.

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Ad Hoc

STAFF REPORT:

On November 29th, City Council had another Discussion and Direction regarding trash and illegal dumping. At this meeting an Ad Hoc was formed, consisting of two Council members to facilitate further possible solutions.

The Ad Hoc members met with the City Manager, Public Works Director, Police Department Chief, City Staff, and Development Service Director on January 25, February 1, and February 15, 2023, and discussed the following:

Lighting and cameras.

In locations of high illegal dumping, the Omniflow Light system which is powered by wind and solar could be used. A camera can also be intergate into the Omniflow system however, the camera cannot be integreated into the Police Dispatch camera system. The cost to install an Omniflow Light System is approximately $35,000.

Enforcement & Abatement (See Attachement 2 for City Attorney’s findings and recommendations).

The City Attorney has provided their Findings and Recommendations which included as Attachment No. 2. Staff is looking for direction on the next steps to address trash and illegal dumping in Suisun City.

STAFF RECOMMENDATION:

Discuss this item and provide direction to staff.

DOCUMENTS ATTACHED:
1 .

PowerPoint Presentation
2 .

City Attorney’s Findings and Recommendations

PREPARED BY:

Nouae Vue, Public Works Director
REVIEWED BY:

Greg Folsom, City Manager
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:
1 PowerPoint Presentation.pdf
2 City Attorney's Findings and Recommendations.pdf
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Trash & Illegal
Dumping
Discussion
April 4, 2023, Council Meeting
October 18th Meeting Highlights
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
• Lighting
• Fencing
• Locks on trash
• Keeping other agencies we work with accountable
• Address funding needs
• Education & outreach
• Ad Hoc (No vember 29th meeting Ad Hoc was formed)
1 2
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Ad Hoc Meeting Dates
• January 25, 2023
• February 1, 2023
• February 15, 2023
Ad Hoc Discussion Items
• Lighting and Cameras
• Enforcement & Abatement
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Lighting and
Cameras
• Omniflow Light (solar and wind
powered)
• Camera integration option
• Install is approximately $35K
CHAPTER 8.08

SOLID WASTES
 Prohibits illegal dumping, trash accumulation
outside of
receptacles, transporting trash (except
b
y the designated hauler).
 Enf
orcement of the chapter is limited to the City’s
health officer (undefined).
6 5
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CHAPTER 8.08
Recommended amendments

1. Make any violation a public nuisance, subject to the provisions of Chapter 8.12, and enforceable by peace
officers and by the City Manager, and their designees.

2. Add requirement that trash receptacles be secured and enclosed.

3. Review the Butte County Illegal Dumping Codes (Section 49-4) and zero tolerance programs/ordinances for
additional enforcement tools.

4. Increase the amount of civil fines.

5. Review definitions and prohibited conduct to ensure that language provides the City with the maximum
enforcement flexibility. Expand the definition of
ownership to increase the City’s ability to hold people accountable.
7 CHAPTER 8.12

PUBLIC NUISANCES
Administrative process and fines to abate public
nuisances
. The City Attorney is authorized under this
c
hapter to pursue all legal means to obtain a civil
order to abate
, and pursuant to state law, the City can
recoup its costs
, including attorneys’ fees.
Uncollected costs and
fines can be assessed against
the pr
operty’s tax roll. Repeat offenders (within a 2
y
ear period) subject to treble costs.
Chapter lists conditions declared nuisances per se. City need only establish the e
xistence of the specific
conditions.
Includes the accumulation of trash and debris, as well as abandoned or discarded
furniture and appliances.
 Violations limited to infractions – also limits the
amount of
civil fines
8 7
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CHAPTER 8.12
Recommended amendments

1. Amend to allow violations to be charge d asmisdemeanors and subject to the penalties providedin Chapters 1.08 and 1.20.

2. Increase the amounts of administrative fines forcer
tain violations.

3. Eliminate the $50 fee.

4. Delete the fine specifics, those are already includedin Chapter 1.08.

5. Direct the City Attorney’s Office to conduct athor
ough review of the chapter to ensure that anypr
ovisions that are not clear or that unnecessarily limit the City’s enforcement authority be updated. and to ensure enforceability of all listed remedies.

6. Add provision that any violation of the SCMC is apublic nuisance .
9 CHAPTER 1.20

ADMINISTRATIVE CITATIONS
Authorized by Government Code Section
53069.4, Chapter 1.20 articulates the
administr
ative citation process
Recommendations:

1. Update our fine sc hedule to include higher
penalties f
or certain code violations (e.g.,
particular sections in Chapters 8.08 and 8.12
that relate to tr
ash and illegal dumping)

2. Collect unpaid fines either through lien or tax
assessment after obtaining a cour
t order
10 9
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CHAPTER 1.16

ADMINISTRATIVE COMPLIANCE ORDERS
Alternative to criminal prosecution
Can be enforced by dept/div heads or designee
Can be appealed to a hearing board (not
defined)
Fines ma
y be assessed based on certain factors.
Failure to comply: fines can be collected against
the individual, or as a lien or special assessment;
criminal pr
osecution
Provides for collection of enforcement costs
11 CHAPTER 1.16
Recommendations
Repeal chapter: duplicative of 1.20
(Administr
ative Citations) and 8.12 (Public
Nuisances)
An
y useful processes can be folded into either
c
hapter
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12 117
Council Discussion & Direction
• Staff requests direction from Council
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01107.0028/870361.1
City Attorney’s Findings and Recommendations

On February 1, 2023, the Trash and Illegal Dumping Ad Hoc committee requested the City Attorney's Office provide an analysis of the City’s codes to determine whether amendments are warranted to provide the City with the broadest authority to abate illegal dumping and trash, as well as ensuring the City’s codes are consistent with current law and fully enforceable. What follows are the City Attorney’s Office’s recommendations.

I. Solid Wastes Ordinance (Chapter 8.08 of SCMC)
This chapter prohibits illegal dumping, trash accumulation outside of receptacles, transporting trash (except by the designated hauler). Enforcement of the chapter is limited to the City’s health officer (undefined).

A. Recommendations to update Chapter 8.08

1. Amend the chapter to also make any violation a public nuisance, subject to the provisions of Chapter 8.12, and enforceable by peace officers and by the City Manager and their designee.

2. Amend the chapter to require that trash receptacles be secured and enclosed.

3. Review the Butte County Illegal Dumping Codes (Section 49-4) and zero tolerance programs/ordinances from other jurisdictions for additional enforcement tools.

4. Increase the amount of civil fines (see Section III, below).

5. Review definitions and prohibited conduct to ensure that language provides the City with the maximum enforcement flexibility.

II. Public Nuisances Abatement (Chapter 8.12 of SCMC)
This chapter sets forth the administrative process and fines to address abatement of public nuisances. The City Attorney is authorized to pursue all legal means to obtain a civil order to abate, and pursuant to state law, the City can recoup its costs, including attorneys’ fees.

This chapter provides that uncollected costs and fines can be assessed against the property’s tax roll. This is a much more effective tool than liens because (a) the costs attach to the following year’s property tax bill and are collected in the same manner, and (b) a lien could end up behind other, higher priority liens, and never be paid, or may be paid decades from now when the property sells. The ordinance provides a court may order repeat offenders (within a 2 year period) to pay the City treble the cost of abatement.

Section 8.12.080 provides a list of conditions that are declared nuisances per se, which includes the accumulation of trash and debris, as well as abandoned or discarded furniture and 119
01107.0028/870361.1
appliances. This is an important enforcement tool, because absent a declaration of nuisance per se, state law requires for public nuisance abatement that the petitioner establish (1) the existance of an injurious condition (2) that affects “at the same time an entire community or neighborhood, or any considerable number of persons.” Civ. Code §§ 3479, 3480. However, for any condition or violation that is declared a nuisance per se, the City need only establish the existence of the enumerated condition, without having to also provide evidence that the condition affects a large number of people.

Chapter 8.12 currently limits violations to infractions and provides for limited fines (civil or criminal) for violations.

A. Recommendations to update Chapter 8.12

1. Amend Chapter 8.12 to allow violations to be charged as misdemeanors and subject to the penalties provided in Chapters 1.08 and 1.20.

2. Increase the amounts of administrative fines for certain violations.

3. Eliminate the $50 fee. All fees should be in the City’s fee schedule.

4. Delete the fine specifics, those are already included in Chapter 1.08.

5. Direct the City Attorney’s Office to conduct a thorough review of the chapter to ensure that any provisions that are not clear or that unnecessarily limit the City’s enforcement authority be updated. and to ensure enforceability of all listed remedies.

6. Add a provision in the municipal code that makes any violation of the municipal a public nuisance.

III. Administrative Citations (SCMC Chapter 1.20)
Authorized by Government Code Section 53069.4, Chapter 1.20 articulates the administrative citations process for violations of the municipal code. Administrative A. Recommendations:

1. Update our fine schedule to include higher penalties for certain code violations, namely all the section in Chapters 8.08 and 8.12 that relate to trash and illegal dumping.

2. Collect unpaid fines either through lien or tax assessment after obtaining a court order.

IV. Administrative Compliance Orders (SCMC Chapter 1.16) Provides a process in the alternative to criminal prosecution for violations that do not constitute an immediate threat to the health and safety. May be enforced by any department or 120
01107.0028/870361.1
division head or their designee. Compliance orders provide an opportunity for a noticed hearing before a hearing board (not defined) to contest the finding of violation.

This chapter provides that the hearing board may assess administrative penalties, and includes a list of factors to be considered in the determination of the amount of the fines: the duration of the violation; the frequency, recurrence, and number of violations, related or unrelated, by the same violator; the seriousness of the violation; the good faith efforts of the violator to come into compliance; the economic impact of the violation on the community; such other factors as justice may require. Administrative costs may also be assessed against the violator.

Failure to comply with an administrative order may result in a personal financial obligation towards the City, a lien or assessment against the property, and misdemeanor prosecution. Judicial review may be requested pursuant to Section 53069.4 (the section that authorizes administrative citations).

A. Recommendations:

1. Repeal this chapter and fold relevant procedures into either Chapter 8.12 (Public Nuisances) or Chapter 1.20 (Administrative Citations). This chapter is atypical and does not provide a remedy that is not already available under other chapters.
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Suisun City City CouncilMarch 31, 2023

Suisun City City Council
March 31, 2023