Agenda packet — Suisun City City Council, May 23, 2023 (part 2 of 2)

Default or Breach of term, covenant, or condition of this Lease shall be construed as a waiver or any acquiescence therein.
(2) Any such waiver shall not be deemed to be a waiver of any other term, covenant or condition; of any successive Breaches of the same term, covenant, or condition; or of any other Default or Breach of any term, covenant or condition of this Lease. (b) Time
Time is of the essence for this Lease and each and all of its terms, covenants or conditions in which performance is a factor.
(c) Notice
All notices required to be given under this Lease shall be given in writing, sent by U.S.

Mail with postage prepaid, to Lessor at the offices of the State Lands Commission and the Lessee at the address specified in this Lease. Lessee shall give Lessor notice of any change in its name or address.
(d) Consent
Where Lessor's consent is required under this Lease its consent for one transaction or event shall not be deemed to be a consent to any subsequent occurrence of the same or any other transaction or event.
(e) Changes
This Lease may be terminated and its term, covenants, and conditions amended, revised, or supplemented only by mutual written agreement of the parties. (f) Successors
The terms, covenants, and conditions of this Lease shall extend to and be binding upon and inure to the benefit of the heirs, successors, and assigns of the respective parties.
(g) Joint and Several Obligation
If more than one Lessee is a party to this Lease, the obligations of the Lessees shall be joint and several.
(h) Captions
The section and paragraph captions used in this Lease are for the convenience of the parties. The captions are not controlling and shall have no effect upon the construction or interpretation of this Lease.
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Form51.16 (Rev. 10/14)

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(i) Severability
If any term, covenant or condition of this Lease is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall not be affected thereby, and each term and provision of this Lease shall remain valid and enforceable to the fullest extent permitted by law.
(j) Representations
Lessee agrees that no representations have been made by Lessor or by any person or agent acting for Lessor. Lessor and Lessee agree and acknowledge that this document contains the entire agreement of the parties, that there are no verbal agreements, representations, warranties or other understandings affecting this Lease, and Lessor and Lessee, as a material part of the consideration of this Lease, waive all claims against the other for rescission, damages, or otherwise by reason of any alleged covenant, agreement or understanding not contained in this Lease.
(k) Gender and Plurality
In this Lease, the masculine gender includes both the feminine and neuter, and the singular number includes the plural whenever the context so requires. (l) Survival of Certain Covenants
All covenants pertaining to bond, insurance, indemnification, restoration obligations, Breach, Default, and remedies shall survive the expiration or earlier termination of this Lease until Lessee has fulfilled all obligations to restore the Lease Premises as required by this Lease.
(m) Counterparts
This agreement may be executed in any number of counterparts and by different parties in separate counterparts. Each counterpart when so executed shall be deemed to be an original and all of which together shall constitute one and the same agreement. (n) Delegation of Authority
Lessor and Lessee acknowledge Lessor as defined herein includes the Commission Members, their alternates or designees, and the staff of the Commission. The ability of staff of the Commission to give consent, or take other discretionary actions described herein will be as described in the then-current delegation of authority to Commission staff. All other powers are reserved to the Commission.
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STATE OF CALIFORNIA - STATE LANDS COMMISSION
LEASE 7625
This Lease shall become effective only when approved by and executed on behalf of the State Lands Commission of the State of California and a duly executed copy has been delivered to Lessee. The submission of this Lease by Lessor, its agent, or representative for examination by Lessee does not constitute an option or offer to lease the Lease Premises upon the terms and conditions contained herein, or a reservation of the Lease Premises in favor of Lessee. Lessee's submission of an executed copy of this Lease to Lessor shall constitute an offer to Lessor to lease the Lease Premises on the terms and conditions set forth herein.

IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date hereafter affixed.

LESSEE:

CITY OF SUISUN CITY ACTING AS THE

SUCCESSOR AGENCY TO REDEVELOPMENT

By: ____________________________

GREG FOLSOM

Title: City Manager_______________

Date: ____________________________

ATTACH ACKNOWLEDGMENT
LESSOR:

STATE OF CALIFORNIA

STATE LANDS COMMISSION

By: _________________________________

ROBERT BRIAN BUGSCH

Title: Chief, Land Management Division

Date: ________________________________

Execution of this document was authorized
by the California State Lands Commission
on _______________________________.

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MJF 12/06/2022
Exhibit BNO SCALE

NO SCALESITE
LOCATIONLEASE 7625CITY OF SUISUNGENERAL LEASE -PUBLIC AGENCY USESOLANO COUNTY MAP SOURCE: USGS QUAD
800 Kellogg Street, Suisun City
This Exhibit is solely for purposes of generally defining the lease premises, isbased on unverified information provided by the Lessee or other parties and isnot intended to be, nor shall it be construed as, a waiver or limitation of anyState interest in the subject or any other property.

FAIRFIELDHWY 12SUISUN CITY

SUISUNSLOUGH
I-80
LEASE AREA(S)PARCEL 2LEASE AREAPARCEL 1
LEASE AREAPARCEL 3
APPROX. SHORELINEAPPROX. SHORELINE
SUISUN
SLOUGH
SITE
SITE

HISTORICCHANNEL OFSUISUN SLOUGH
APPROX. LOCATIONOF SOVEREIGNLANDS IN DESCRIBEDLEASE PARCELS= PARCEL ACQUIREDPER AD 213CAL ITEM 37 4/06/1994
164
1 EXHIBIT C

BEST MANAGEMENT PRACTICES FOR MARINA OWNERS / OPERATORS

Petroleum Management
Instruct staff not to use detergents or emulsifiers on a fuel or oil spill.

Post emergency telephone numbers to report oil or chemical spills in prominent locations at the marina.

Recommend the installation and use of fuel/air separators on air vents or tank stems of inboard fuel tanks to reduce the amount of fuel spilled into surface waters during fueling.

Provide a collection site for used oily pads and used oil or provide information on how and where to dispose of them.

Hazardous Wastes
Have a marina policy to manage hazardous wastes and hazardous materials.

Post a prohibition on the disposal of used oil, antifreeze, paint, solvents, varnishes, and batteries into the dumpster or general collection waste receptacles.

If you provide for hazardous waste collection, manage the wastes in a proper fashion through the use of structurally sound, non-leaking containers, in accordance with all local, state, and federal laws.

In the event of a spill or leak, clean up and dispose of materials promptly and properly and report the spill to all appropriate entities.

If operating a collection facility is not feasible, provide information to your tenants on how and where to dispose their wastes.

Encourage the use of alternative products to hazardous household chemicals.

There are many non-toxic or less-toxic products that can be used as alternatives.

Emergencies
Have an updated map of important shut off valves and make sure all employees know the locations.

Keep your list of Emergency Phone Numbers and contact persons updated. 165
2 Be sure that all employees are trained in emergency procedures and that they know their responsibilities for each situation as designed in an Emergency Response Plan.

Underwater Boat Hull Cleaning
Require the use of legal hull paints to reduce the possibility of contamination when performing hull cleaning.

Boat Sewage Discharge
If your marina operates a pumpout facility, install adequate signs to identify the station, its location, and hours of operation.

Provide the service at convenient times and at a reasonable cost.

Make the pumpout station user friendly.

Develop and adhere to a regular inspection and maintenance schedule for the pumpout station.

Provide educational information about the pumpout station to boaters.

Inform berth holders of existing local, state, and federal regulations pertaining to the use of Marine Sanitation Devices and the illegal discharge of boat sewage.

Post a list of local pumpout locations in a conspicuous location such as the entrances to the docks.

Solid Waste
Keep litter picked up.

Place trash receptacles and dumpsters in convenient locations for boaters and guests.

Use covered dumpsters and trashcans so they do not fill up with rainwater and do not blow away in heavy winds.

Keep trash enclosures clean and free of debris.

Keep cleanup equipment and materials available.

Inspect trash storage areas regularly.

Dispose of all solid wastes in accordance with local, state, and federal laws and regulations.
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3 Liquid Waste
Train marina employees in oil spill response procedures.

Keep adequate spill response equipment and materials in strategic locations.

Storm Water Runoff
Maintain a Storm Water Pollution Prevention Plan.

Report spills that have entered or have a potential to enter a water body to appropriate agencies.

Provide signage adjacent to any storm drain inlet to discourage illegal dumping of pollutants.

Provide signs adjacent to parking lots that prohibit littering, dumping, and vehicle servicing or washing.

Develop and implement a regular sweeping / cleaning program for hard surface areas.

Reduce or eliminate landscaping and irrigation runoff into the waterway.

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1 EXHIBIT D

BEST MANAGEMENT PRACTICES FOR BERTH HOLDERS / GUEST DOCK

USERS / BOATERS

Bilge Water Management
 Keep bilge area as dry as possible.
 Regularly check fittings, fluid lines, engine seals, and gaskets.  Fix all oil and fuel leaks in a timely manner.
 Do not drain oil into the bilge.
 Fit a drain pan, if feasible, underneath the engine to collect drips and leaks.  Consider the use of oil-absorbent pads, even in small boats.  If a bilge contains oil, absorb as much free oil as possible with a pad. Then pump the bilge dry and wipe down the bilge and equipment. If a bilge is severely contaminated, use a pumpout service. Never pull the drain plug on a boat with a bilge full of oil, especially if it is on a launch ramp.  Dispose of oil-soaked absorbents at a proper facility. Check with the marina operator for guidance.
 Do not use detergents or bilge cleaners unless the bilge can be pumped into an appropriate facility.

Petroleum Containment
 Fill portable fuel containers on land or on the fuel dock to reduce the chance of fuel spills into the water.
 Avoid overfilling fuel tanks and attend the fuel nozzle at all times.  Perform all major engine maintenance away from surface water. Any maintenance work on an engine must be done in compliance with rules and regulations governing the marina.
 Use petroleum absorption pads while fueling to catch splash back and any drops when the nozzle is transferred back from the boat to the fuel dock. 168
2  Keep engines properly maintained for efficient fuel consumption, clean exhaust, and fuel economy. Follow all manufacturers’ specifications.  Immediately report oil and fuel spills to the marina office and the U.S. Coast Guard National Response Center (Phone # 1-800-424-8802) and other appropriate agencies.

Hazardous Materials
 Hazardous wastes generated by recreational boaters are considered household hazardous waste. Dispose of household hazardous waste in properly marked containers if provided by the marina or at the nearest appropriate site.
 Improper handling of hazardous materials can cause harm to human health and the environment and can result in serious penalties and expensive cleanup costs if contaminations occur.

Vessel Sewage
 Boaters should never pump out any holding tank in waters inside the three nautical mile limit. Always remember that it is illegal to discharge raw sewage from a vessel into U.S. waters.
 Pumpout facilities should be used to dispose of stored waste whenever possible. They are fast, clean, and inexpensive.
 Marine sanitation devices (MSDs) must be maintained to operate properly. Keep your disinfectant tank full, use biodegradable treatment chemicals, and follow the manufacturer's suggested maintenance program.
 Do not dispose of fats, solvents, oils, emulsifiers, disinfectants, paints, poisons, phosphates, diapers, and other similar products in MSDs.  Whenever possible, use land-based rest rooms rather than onboard ones.

Vessel Cleaning and Maintenance
 Ask your marina manager what types of maintenance projects are allowed in the slip.
 Minimize the use of soaps and detergents by washing your vessel more frequently with plain water.
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3  Do not use cleaners that contain ingredients such as ammonia, sodium, chlorinated solvents, or lye.
 Use hose nozzles that shut off when released to conserve water and reduce the runoff from boat washing.
 Ventilate your space to prevent the accumulation of flammable or noxious fumes.
 Use eye protection and a respirator when there is the possibility that dust and debris could damage eyes or lungs.
 Remove oil, debris, and clutter from your immediate work area and dispose of properly.
 Avoid spills in the water of all solvents, paints, and varnishes.  Carefully read labels to ensure the products are used in a manner that is safe and won’t harm the environment.
 Use teak cleaners sparingly and avoid spilling them or fiberglass polishers in the water.

Sanding and Painting
 When working in marinas, use designated sanding and painting areas.

Check with the marina manager for the location and proper use of these areas.
 Work indoors or under cover whenever wind can potentially blow dust and paint into the open air.
 Where feasible, use environmentally friendly tools, such as vacuum sanders and grinders, to collect and trap dust. Some marinas have this equipment for rent; check with the manager.
 Clean up all debris, trash, sanding dust, and paint chips immediately following any maintenance or repair activity.
 Use a drop cloth beneath the hull to catch sanding dust and paint drops when working over unpaved surfaces.
 When sanding or grinding hulls over a paved surface, vacuuming or sweeping loose paint particles is the preferred cleanup method. Do not hose the debris away.
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4  Buy paints, varnishes, solvents, and thinners in sizes appropriate for the proposed work to avoid having to dispose of stale products.  When possible, use water-based paints and solvents.
 Switch to longer lasting, harder, or non-toxic antifouling paint at your next haul out.
 Paints, solvents, and reducers should be mixed far from the water's edge and transferred to work areas in tightly covered containers of 1 gallon or less.
 Keep in mind that solvents and thinners may be used more than once by allowing the solids to settle out and draining the clean product off the top.
 When in doubt about proper disposal practices, check with your marina and/or appropriate government agency.
 Boaters should report any illegal discharge of boat sewage to the marina office or appropriate agency.
 Boaters should use environmentally sensitive cleaning supplies that may end up in your gray water.

Boat Hull Cleaning and Maintenance
 Ensure hull paint is properly applied and maintained to protect the hull from fouling organisms and thus improve your boat’s performance.  Wait 90 days after applying new bottom paint before underwater cleaning.  Schedule regular hull cleaning and maintenance to reduce the build up of hard marine growth and eliminate the need for hard scrubbing.  Regularly scheduled gentle cleaning will also increase the effectiveness of the antifouling hull paint and extend its useful life.
 Repair paint bonding problems at haul out to avoid further chipping and flaking of paint in the water.
 Use, or ask your diver to use, non-abrasive scrubbing agents, soft sponges or pieces of carpet to reduce the sloughing of paint and debris.  Boaters are encouraged to use boat hull cleaning companies and individuals that practice environmentally friendly methods.
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5 Solid Waste
 Do not dump plastic or any other trash into the water.  Use the dumpsters, trash receptacles, and other approved containers to dispose of garbage and other waste.

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Attachment 3:

Marina Lease Location Map
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AGENDA ITEM NO. 14

AGENDA TRANSMITTAL

MEETING DATE:

May 23, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-___: Authorizing the City Manager or Deputy City Manager to Submit a Proposal for the Proposition 64 Public Health and Safety Grant Program and Sign a Grant Agreement with the California Board of State and Community Corrections.

FISCAL IMPACT:

Grant award of $2,294,495 over 5 years with no matching funds required.

STRATEGIC PLAN:

Ensure Fiscal Solvency

BACKGROUND:

In 2022, the Board of State and Community Corrections (BSCC) released a request for proposal (RFP) for the Proposition 64 Public Health and Safety Grant Program, Cohort 3. The RFP made $150 million available for California Cities and Counties that have not banned both indoor and outdoor commercial cannabis cultivation, or retail sale of marijuana products. Suisun City fit those criteria, making the city eligible to apply.

The intent of the program is to fund projects that assist with law enforcement efforts, or other local projects addressing public health and safety associated of the Control, Regulate, and Tax Adult Use Marijuana Act. Specifically, BSCC outlined ‘Project Purpose Areas’ that each project must address, including Youth Development / Youth Prevention and Intervention.

In December 2023, the Recreation, Parks, and Marina (RPM) Department submitted a grant proposal to BSCC.

STAFF REPORT:

In April 2023, BSCC officially informed the RPM Department that its submission was accepted and approved for funding. The city has been awarded $2,294,495 over a five-year period.

The grant proposal focuses on the formation of a Suisun City Police Activities League (PAL) program for Suisun City youth and teens. The program will include a variety of activities and will combine existing PAL structure and resources with cannabis prevention and education curriculum. The project will also support a Recreation Supervisor to oversee the project and a School Resource officer that will participate in school intervention efforts and will focus on mentoring, counseling, building relationships with youth, and acting as an extension of the program.

The program addresses the lack of programming for city middle school and high school youth and does so in a distinctive way. The Suisun City PAL program is intended to give teens the chance to mature, gain valuable leadership and life skills, participate in unique enrichment and recreation opportunities, and set themselves up for lifelong success.

STAFF RECOMMENDATION:

It is recommended that City Council adopt Resolution No. 2023- ___: Authorizing the City Manager or Deputy City Manager to Submit a Proposal for the Proposition 64 175
Public Health and Safety Grant Program and Sign a Grant Agreement with the California Board of State and Community Corrections.

DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-___: Authorizing the City Manager or Deputy City Manager to Submit a Proposal for the Proposition 64 Public Health and Safety Grant Program and Sign a Grant Agreement with the California Board of State and Community Corrections

PREPARED BY:

Marvin
Mora, Recreation Supervisor
REVIEWED BY:

Kris Lofthus, Deputy City Manager
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:
1 Resolution Approving Proposal and Sign Grant Agreement for Prop 64 Public Health and Safety Grant.doc.pdf
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RESOLUTION NO. 2023-__

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

CALIFORNIA, AUTHORIZING THE CITY MANAGER OR DEPUTY CITY MANAGER TO SUBMIT A PROPOSAL FOR THE PROPOSITION 64 PUBLIC

HEALTH AND SAFETY GRANT PROGRAM AND SIGN A GRANT AGREEMENT

WITH THE CALIFORNIA BOARD OF STATE AND COMMUNITY

CORRECTIONS

WHEREAS, the City of Suisun City desires to participate in the Proposition 64 Public Health and Safety Grant Program funded through the California State and Lo cal Government Law Enforcement Account and administered by the Board of State and Community Corrections (hereafter referred to as the BSCC); and

WHEREAS, the Proposition 64 Public Health and Safety Grant Program is only open to local government agencies that have not banned both indoor and outdoor commercial cannabis cultivation or retail sale of marijuana or marijuana products, making the City of Suisun City eligible; and

WHEREAS, the intent of the grant program is to fund projects that assist with law enforcement efforts, fire prevention efforts, or other local projects addressing public health and safety associated with the implementation of the Control, Regulate, and Tax Adult Use of Marijuana Act; and

WHEREAS, BSCC has outlined Project Purpose Areas that each project must address, including Youth Development / Youth Prevention and Intervention; and

WHEREAS, the City has been awarded a Proposition 64 grant to start a Police Activities League over a five year span that addresses an area of program need for youth and addresses the intent of the Proposition 64 Public Health and Safety Grant program.

NOW, TH EREFORE, BE IT RESOLVED, The City Council authorizes the City Manager or Deputy City Manager on behalf of the City of Suisun City to submit the grant proposal for this funding and sign the Grant Agreement with the BSCC, including any amendments thereof.

BE IT FURTHER RESOLVED, that grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

BE IT FURTHER RESOLVED , that the City of Suisun City agrees to abide by the terms and conditions of the Grant Agreement as set forth by the BSCC. 177

Resolution No. 2023-__
Adopted May 23, 2023

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PASSED AND ADO PTED at a regular meeting of the City Council of the City of Suisun City duly held on Tuesday, the 23rd day of May 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 23rd day of May 2023. ________________________________
Anita Skinner
City Clerk
178
AGENDA ITEM NO. 15

AGENDA TRANSMITTAL

MEETING DATE:

May 23, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-___: Approving a Second Amendment to the Memorandum of Understanding (MOU) Between the City of Suisun City and the Suisun City Employees’ Association Effective July 1, 2021 through June 30, 2023 to Amend MOU Provisions Pertaining Compensation.

FISCAL IMPACT:

The additional cost resulting from this MOU amendment can be absorbed in the current fiscal year budget.

STRATEGIC PLAN:

Provide Good Governance.

BACKGROUND:

On August 17, 2021, the City Council approved a Memorandum of Understanding between the City of Suisun City (City) and the Suisun City Employees’ Association (SCEA), effective July 1, 2021 through June 30, 2023 (SCEA MOU 2021-23) with the adoption of Resolution No. 2021-

82. On April 5, 2022, the City Council approved a First Amendment to the SCEA MOU 2021-23 with the adoption of Resolution No. 2022-52.

STAFF REPORT:

The City and SCEA’s authorized labor relations representatives recently met and conferred in good faith pursuant to the requirements of the Meyers-Milias-Brown Act, codified as Gov’t Code Sections 3500-3511, and reached agreement regarding further modifications to the SCEA MOU 2021-23. The proposed modifications pertain to compensation and are memorialized in the Second Amendment to the SCEA 2021-23 (attached as Exhibit “A” to the proposed resolution). These proposed modifications have been ratified by SCEA membership.

Specifically, the Second Amendment would do the following if approved by the City Council:

End the temporary additional pay of $2 per hour for miscellaneous employees.

Provide base wage increases of $2 per hour for miscellaneous employees.

STAFF RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2023- ___ - Approving a Second Amendment to the Memorandum of Understanding (MOU) Between the City of Suisun City and the Suisun City Employees’ Association (SCEA) Effective July 1, 2021 through June 30, 2023 to Amend MOU provisions pertaining Compensation.

DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-___: Approving a Second Amendment to the Memorandum of Understanding (MOU) Between the City of Suisun City and the Suisun City Employees’ Association (SCEA) Effective July 1, 2021 through June 30, 2023 to Amend MOU Provisions Pertaining to Compensation
a
.

Amendment No. 2 to the SCEA MOU 2021-23
179

PREPARED BY:

Christina Penland, Human Resources Administrator
REVIEWED BY:

Greg Folsom, City Manager
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:
1 Resolution Approving SCEA MOU 2021-23 Second Amendment.pdf a
Amendment No. 2 to the SCEA MOU 2021-23.pdf
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Resolution No. 2023-__
Adopted May 23, 2023

RESOLUTION NO. 2023-__

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

APPROVING A SECOND AMENDMENT TO THE MEMORANDUM OF

UNDERSTANDING (MOU) BETWEEN THE CITY OF SUISUN CITY AND THE SUISUN CITY EMPLOYEES’ ASSOCIATION (SCEA) EFFECTIVE JULY 1, 2021 THROUGH JUNE 30, 2023 TO AMEND MOU PROVISIONS

PERTAINING TO COMPENSATION
WHEREAS, on August 17, 20 21, the City Council approved the Memorandum of Understanding between the City of Suisun City (City) and the Suisun City Employees’ Association (SCEA), effective July 1, 2021 through June 30, 2023 (SCEA MOU 2021-23) with the adoption of Resolution No. 2021-82; and
WHEREAS, on April 5, 2022, the City Council approved a First Amendment to the SCEA MOU 2021-23 with the adoption of resolution No. 2022-52; and WHEREAS, the City and SCEA’s authorized labor relations representatives met and conferred in good faith pursuant to the requirements of the Meyers-Milias-Brown Act (MMBA)(Gov’t Code Sections 3500-3511) regarding certain proposed modifications in the SCEA MOU 2021-23 pertaining to compensation; and
WHEREAS, the foregoing proposed modifications to the SC EA MOU 2021 -2023 have been ratified by SCEA membership; and
WHEREAS, the City Council now desire s to accept, approve, and adopt the Second Amendment to the SCEA MOU 2021-23 (attached hereto as Exhibit “A”); and WHEREAS, any additional costs of the Second Amendment to the SC EA MOU 2021-23 will not require additional budget appropriations for this fiscal year.

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

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

Section 2. The Second Amendment to the SC EA MOU 20 21-23, attached hereto as Exhibit “A,” is hereby accepted, approved, and adopted.

Section 3. Effective Date. This Resolution is effective May 26, 2023.

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Resolution No. 2023-__
Adopted May 23, 2023

PASSED AND ADOPTED at a Regular Meeting of said City Council of the City of Suisun City duly held on Tuesday, the 23rd day of May 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 23rd day of May 2023.

Anita Skinner
City Clerk

Exhibit A: Second Amendment to the SCEA MOU 2021-23

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Resolution No. 2023-__
Adopted May 23, 2023

Exhibit A
Amendment No. 2 to the SCEA MOU 2021-23
183

SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SUISUN CITY AND THE SUISUN CITY EMPLOYEES’ ASSOCIATION EFFECTIVE JULY 1, 2021 THROUGH JUNE 30, 2023

This Second Amendment to the Memorandum of Understanding between the City of Suisun City and the Suisun City Employees’ Association effective July 1, 2021 through June 30, 2023 (SCEA MOU 2021-23) is made and entered into by and between the City of Suisun City, a municipal corporation (City), and the Suisun City Employees’ Association (SCEA).

R E C I T A L S:

WHEREAS, on August 17, 2021, the City Council approved the SCEA MOU 2021-23 with the adoption of Resolution No. 2021-82;
WHEREAS, on April 5, 2022, the City Council approved the First Amendment to the SCEA MOU 2021-23 with the adoption of Resolution No. 2022-52; WHEREAS, the City and SCEA’s authorized labor relations representatives met and conferred in good faith pursuant to the requirements of the Meyers-Milias-Brown Act (MMBA), Gov’t Code Sections 3500-3511, regarding corrections and modifications to the SCEA MOU 2021-23;
WHEREAS, the City and SCEA now desire to further amend the SCEA MOU 2021-23 to modify salary compensation provisions of the SCEA MOU 2021-23, which modified terms were ratified by the SCEA membership and then signed by the authorized representatives parties.

NOW, THEREFORE, it is hereby agreed that the SCEA MOU 2021-23 is amended in the following particulars only and made effective as indicated:

Article VII of the SCEA MOU 2021-23, entitled “Salaries,” shall be amended to read as follows (deletions in strikethrough; additions in bold italics):

1. Salaries. Assuming allowable funding pursuant to the American Rescue Plan Act of 2021 (which guidelines have only recently been published) as a condition precedent, the City shall provide a premium pay to all bargaining unit employees as follows:

A. Miscellaneous. The City will provide a $2.00 per hour non-pensionable premium pay on top of the base pay rate for all represented miscellaneous job classes (except Dispatch classifications) up through and until May 25, 2023.

B. Dispatch Classifications. The City will provide a $4.00 per hour non-pensionable premium pay on top of the base pay rate for all represented dispatch job classes up through and until May 25, 2023.

C. Premium increases will be effective retroactively to July 1, 2021, if the Tentative Agreement is ratified and signed by Union at least one day prior to the City Council 184

SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SUISUN CITY AND THE SUISUN CITY EMPLOYEES’ ASSOCIATION EFFECTIVE JULY 1, 2021 THROUGH JUNE 30, 2023

2 meeting scheduled for July 6, 2021. Alternatively, the premium increase will be effective the first full pay period after City Council adoption of the Tentative Agreement.

D. Payments will be made on a bi-weekly basis. All the hourly increases authorized herein will sunset June 30, 2023.

E. The previously provided Critical Staffing Retention and Recruiting Pay sunset/expired on June 30, 2021 and shall not be included in this successor MOU.

F. Miscellaneous. Effective May 26, 2023, the City will provide base hourly wage increases of $2 per hour to the wage range for all represented miscellaneous job classes (except Dispatch classifications) and base hourly wage increases of $2 per hour to the employee’s position within that range for the following represented miscellaneous job classes:

Account Clerk I
Administrative Assistant II
Building Maintenance Worker I
Code Enforcement Officer II
Community Services Officer I
Computer Technician
Maintenance Worker I
Maintenance Worker II
Police Evidence and Property Technician II

G. The City’s base wage increases provided herein to the employee’s position within the range will decrease the differential between steps to less than 5% as identified in the new alpha numerical salary ranges established for these classifications.

The alpha salary range will be eliminated once all affected employees in the alpha numeric range reach top step, or through attrition, whichever comes first. The affected employees in the alpha numeric ranges will be transitioned to the base numerical range once they reach the top step.

H. New hires starting May 26, 2023 or later, in the classifications affected by the additional hourly wage increases will be hired into the base numerical range for that classification which maintains a 5% differential between each step in the range.

I. Dispatch. Base hourly wage adjustments for all dispatch classes previously represented by SCEA will be addressed in the Second Amendment of the Police Officers’ Association (POA) MOU 2021-23 given the change in representation of Dispatchers from SCEA to SCPOA effective August 31, 2021.

The representatives of the City and of the SCEA have jointly prepared this Second Amendment to the SCEA MOU 2021-23, and jointly presented to City Council of the City of Suisun City for determination pursuant to Government Code section 3505.1. Except as expressly provided for in 185
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AGENDA ITEM NO. 16

AGENDA TRANSMITTAL

MEETING DATE:

May 23, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-___ - Approving a Third Amendment to the Memorandum of Understanding (MOU) Between the City of Suisun City and the Suisun City Management & Professional Employees’ Association (SCMPEA) Effective July 1, 2021 through June 30, 2023 to Amend MOU Provisions Pertaining to Compensation.

FISCAL IMPACT:

The additional cost resulting from this MOU amendment can be absorbed in the current fiscal year budget.

STRATEGIC PLAN:

Provide Good Governance.

BACKGROUND:

On August 17, 2021, the City Council approved a Memorandum of Understanding between the City of Suisun City (City) and the Suisun City Management & Professional Employees’ Association (SCMPEA), effective July 1, 2021 through June 30, 2023 (SCMPEA MOU 2021-23) with the adoption of Resolution No. 2021-81.

On April 5, 2022, the City Council approved a First Amendment to the SCMPEA MOU 2021-23 with the adoption of Resolution No. 2022-53.

On November 1, 2022, the City Council approved a Second Amendment to the SCMPEA MOU 2021- 23 with the adoption of Resolution No. 2022-139.

STAFF REPORT:

The City and SCMPEA’s authorized labor relations representatives recently met and conferred in good faith pursuant to the requirements of the Meyers-Milias-Brown Act, codified as Gov’t Code Sections 3500-3511, and reached agreement regarding further modifications to the SCMPEA MOU 2021-23. The proposed modifications pertain to compensation and are memorialized in the Third Amendment to the SCMPEA 2021-23 (attached as Exhibit “A” to the proposed resolution).

These proposed modifications have been ratified by SCMPEA membership.

Specifically, the Third Amendment would do the following if approved by the City Council:

End the temporary additional pay of $2 per hour for miscellaneous employees (except for Dispatch), end the $4 per hour temporary additional pay for Dispatch employees, and end the $6 per hour temporary additional pay for police and fire safety employees.

Provide base wage increases of $2 per hour for miscellaneous employees (except for Dispatch), $4 per hour for Dispatch employees, and $6 per hour for police and fire safety employees.

STAFF RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2023- ___ - Approving a Third Amendment to the Memorandum of Understanding (MOU) Between the City of Suisun City and the Suisun City Management & Professional Employees’ Association (SCMPEA) Effective July 1, 2021 through June 30, 2023 to Amend MOU provisions pertaining Compensation.

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DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-___: Approving a Third Amendment to the Memorandum of Understanding (MOU) Between the City of Suisun City and the Suisun City Management & Professional Employees’ Association (SCMPEA) Effective July 1, 2021 through June 30, 2023 to Amend MOU Provisions Pertaining to Compensation
a
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Amendment No. 3 to the SCMPEA MOU 2021-23

PREPARED BY:

Christina Penland, Human Resources Administrator
REVIEWED BY:

Greg Folsom, City Manager
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:
1 Resolution Approving SCMPEA MOU 2021-23 Third Amendment.pdf a
Amendment No. 3 to the SCMPEA MOU 2021-23.pdf
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Resolution No. 2023-__
Adopted May 23, 2023

RESOLUTION NO. 2023-__

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

APPROVING A THIRD AMENDMENT TO THE MEMORANDUM OF

UNDERSTANDING (MOU) BETWEEN THE CITY OF SUISUN CITY AND THE SUISUN CITY MANAGEMENT & PROFESSIONAL EMPLOYEES’ ASSOCIATION (SCMPEA) EFFECTIVE JULY 1, 2021 THROUGH JUNE 30, 2023

TO AMEND MOU PROVISIONS PERTAINING TO COMPENSATION
WHEREAS, on August 17, 20 21, the City Council approved the Memorandum of Understanding between the City of Suisun City (City) and the Suisun City Management & Professional Employees’ Association (SC MPEA), effective July 1, 2021 through June 30, 2023 (SCMPEA MOU 2021-23) with the adoption of Resolution No. 2021-81; and WHEREAS, on April 5, 2022, the City Council approved a First Amendment to the SCMPEA MOU 2021-23 with the adoption of resolution No. 2022-53; and WHEREAS, on November 1, 2022, the City Council approved a Second Amendment to the SCMPEA MOU 2021-23 with the adoption of resolution No. 2022-139; and WHEREAS, the City and SCMPEA’s authorized labor relations representatives met and conferred in good faith pursuant to the requirements of the Meyers-Milias-Brown Act (MMBA)(Gov’t Code Sections 3500 -3511) regarding certain proposed modifications in the SCMPEA MOU 2021-23 pertaining to compensation; and
WHEREAS, the foregoing proposed modifications to the SCMPEA MOU 2021-2023 have been ratified by SCMPEA membership; and
WHEREAS, the City Council now desire s to accept, approve, and adopt the Third Amendment to the SCMPEA MOU 2021-23 (attached hereto as Exhibit “A”); and WHEREAS, any additional costs of the Third Amendment to the SCMPEA MOU 2021-23 will not require additional budget appropriations for this fiscal year.

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

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

Section 2. The Third Amendment to the SC MPEA MOU 20 21-23, attached hereto as Exhibit “A,” is hereby accepted, approved, and adopted.

Section 3. Effective Date. This Resolution is effective May 26, 2023.

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Resolution No. 2023-__
Adopted May 23, 2023

PASSED AND ADOPTED at a Regular Meeting of said City Council of the City of Suisun City duly held on Tuesday, the 23rd day of May 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 23rd day of May 2023.

Anita Skinner
City Clerk

Exhibit A: Third Amendment to the SCMPEA MOU 2021-23

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Resolution No. 2023-__
Adopted May 23, 2023

Exhibit A
Amendment No. 3 to the SCMPEA MOU 2021-23
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THIRD AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF SUISUN CITY AND THE SUISUN CITY MANAGEMENT & PROFESSIONAL EMPLOYEES’ ASSOCIATION EFFECTIVE JULY 1, 2021 THROUGH JUNE 30, 2023
This Third Amendment to the Memorandum of Understanding between the City of Suisun City and the Suisun City Management & Professional Employees’ Association effective July 1, 2021 through June 30, 2023 (SCMPEA MOU 2021-23) is made and entered into by and between the City of Suisun City, a municipal corporation (City), and the Suisun City Management & Professional Employees’ Association (SCMPEA).

R E C I T A L S:

WHEREAS, on August 17, 2021, the City Council approved the SCMPEA MOU 2021-23 with the adoption of Resolution No. 2021-81;
WHEREAS, on April 5, 2022, the City Council approved the First Amendment to the SCMPEA MOU 2021-23 with the adoption of Resolution No. 2022-53; WHEREAS, on November 1, 2022, the City Council approved the Second Amendment to the SCMPEA MOU 2021-23 with the adoption of Resolution No. 2022-139; WHEREAS, the City and SCMPEA’s authorized labor relations representatives met and conferred in good faith pursuant to the requirements of the Meyers-Milias-Brown Act (MMBA), Gov’t Code Sections 3500-3511, regarding certain modifications to the SCMPEA MOU 2021-23; WHEREAS, the City and SCMPEA now desire to further amend the SCMPEA MOU 2021- 23 to modify salary compensation provisions of the SCMPEA MOU 2021-23, which modified terms were ratified by the SCMPEA membership and then signed by the authorized representatives parties.

NOW, THEREFORE, it is hereby agreed that the SCMPEA MOU 2021-23 is amended in the following particulars only and made effective as indicated:

Article VII, Section 1 of the SCMPEA MOU 2021-23, entitled “Salaries,” shall be amended to read as follows (deletions in strikethrough; additions in bold italics):

1. Salaries. Assuming funding pursuant to the American Rescue Plan Act of 2021 (which guidelines have only recently been published) as a condition precedent, the City proposes to provide additional pay to all bargaining unit employees as follows:

A. Miscellaneous. The City will provide a $2.00 per hour non-pensionable additional pay on top of the base pay rate for all represented miscellaneous job classes (except the Police Support Services Manager) up through and until May 25, 2023.

B. Police Support Services Manager. The City will provide a $4.00 per hour non- pensionable additional pay on top of the base pay rate up through and until May 25, 2023. 192

THIRD AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SUISUN CITY AND THE SUISUN CITY MANAGEMENT & PROFESSIONAL EMPLOYEES’ ASSOCIATION EFFECTIVE JULY 1, 2021 THROUGH JUNE 30, 2023

2 C. Police and Fire. The City will provide a $6.00 per hour non-pensionable additional pay on top of the base pay rate for all represented safety job classes up through and until May 25, 2023.

D. Additional pay increases will be effective retroactively to July 1, 2021, if the Tentative Agreement is ratified and signed by Union at least one day prior to the City Council meeting scheduled for July 6, 2021. Alternatively, the premium increase will be effective the first full pay period after City Council adoption of the Tentative Agreement.

E. Payments will be made on a bi-weekly basis. All the hourly increases authorized herein will sunset June 30, 2023.

F. The previously provided Critical Staffing Retention and Recruiting Pay sunset/expired on June 30, 2021 and shall not be included in this successor MOU.

G. Miscellaneous. Effective May 26, 2023, the City will provide base hourly wage increases of $2 per hour to the wage range for all represented miscellaneous job classes (except Dispatch classifications) and base hourly wage increases of $2 per hour to the employee’s position within that range for the following represented miscellaneous job classes:

Principal Planner
Public Works Superintendent

H. Dispatch. Effective May 26, 2023, the City will provide base hourly wage increases of $4 per hour to the wage range for all represented Dispatch job classes and base hourly wage increases of $4 per hour to the employee’s position within that range for the Police Support Services Manager classification.

I. Police and Fire. Effective May 26, 2023, the City will provide base hourly wage increases of $6 per hour to the wage range for all represented safety job classes and base hourly wage increases of $6 per hour to the employee’s position within that range for the following represented fire safety job classes:

Deputy Fire Chief
Division Fire Chief

J. The City’s base wage increases provided herein to the employee’s position within the range will decrease the differential between steps to less than 5% as identified in the new alpha numerical salary ranges established for these classifications.

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AGENDA ITEM NO. 17

AGENDA TRANSMITTAL

MEETING DATE:

May 23, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-__ Amending the Citywide Salary Schedule to Implement the Second Amendment to the Suisun City Employees’ Association (SCEA) MOU 2021-23 and the Third Amendment to the Suisun City Management and Professional Employees’ Association (SCMPEA) MOU 2021-23.

FISCAL IMPACT:

As discussed in the staff report, the additional cost for authorizing the resolutions for the second amendment to the SCEA MOU and the third amendment to the SCMPEA MOU, brought before Council on this day, May 23, 2023, can be absorbed in the current fiscal year budget.

STRATEGIC PLAN:

Provide Good Governance

BACKGROUND:

Under separate resolutions, the City Council has accepted, approved and adopted the Second Amendment of the SCEA MOU 2021-23 and the Third Amendment of the SCMPEA MOU 2021-23 ending the temporary hourly wage increases that were scheduled to sunset June 30, 2023 and providing base wage increases effective May 26, 2023.

STAFF REPORT:

The Citywide Salary Schedule is now being amended to implement the base wage increases, of the Second Amendment of the SCEA MOU 2021-23 and the Third Amendment of the SCMPEA MOU 2021-23 as follows:

Provide base wage increases of $2 per hour for miscellaneous unrepresented classifications, Provide base wage increases of $4 per hour for Dispatch employees, and Provide base wage increases of $6 per hour for Police and Fire safety employees.

The City’s base wage increases provided herein to the employee’s position within the range for employees situated between Step A through Step D, will decrease the differential between steps to less than 5% as identified in the new alpha numerical salary ranges established for these classifications.

New hires starting May 26, 2023 or later, in the classifications affected by the additional hourly wage increases will be hired into the base numerical range for that classification which maintains a 5% differential between each step in the range.

STAFF RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2023- ___: Amending the Citywide Salary Schedule to Implement the Second Amendment to the Suisun City Employees’ Association (SCEA) MOU 2021-23 and the Third Amendment to the Suisun City Management and Professional Employees’ Association (SCMPEA) MOU 2021-23.

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DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-___ : Amending the Citywide Salary Schedule to Implement the Second Amendment to the Suisun City Employees’ Association (SCEA) MOU 2021-23 and the Third Amendment to the Suisun City Management and Professional Employees’ Association (SCMPEA) MOU 2021-23.
a. Citywide Salary Schedule

PREPARED BY:

Christina Penland, Human Resources Administrator
REVIEWED BY:

Greg Folsom, City Manager
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:
1 Resolution Amending the Citywide Salary Schedule to Implement SCEA MOU and SCMPEA MOU Amendments.pdf
a
Citywide Salary Schedule.pdf
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Resolution No. 2023-__
Adopted May 23, 2023
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RESOLUTION NO. 20 23-__

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

AMENDING THE CITYWIDE SALARY SCHEDULE TO IMPLEMENT THE
SECOND AMENDMENT TO THE SUISUN CITY EMPLOYEES’ ASSOCIATION (SCEA) MOU 2021-23 AND THE THIRD AMENDMENT TO THE SUISUN CITY MANAGEMENT AND PROFESSIONAL EMPLOYEES’ ASSOCIATION (SCMPEA) MOU 2021-23.

WHEREAS, on May 2, 2023, the City Council approved the current Salary Schedule with the adoption of Resolution No. 2023-45 implementing the Second Amendment to the Suisun City Police Officers’ Association (SCPOA) MOU 2021-23, the First Amendment to the Suisun City Professional Firefighters’ Association (SCPFA) MOU 2022-23 and the Amended and Restated Schedule of Benefits for Unrepresented Employees; and
WHEREAS, the City and authorized labor relations representatives for the Suisun City Employees’ Association and the Suisun City Management and Professional Employees’ Association met and conferred in good faith pursuant to the requirements of the Meyers-Milias- Brown Act (MMBA)(Gov’t Code Sections 3500 -3511) regarding certain proposed modifications in the MOUs pertaining to compensation resulting in the Second Amendment to the SCEA MOU 2021-23 and the Third Amendment to the SCMPEA MOU 2021-23; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Suisun City hereby adopts Resolution No. 20 23-____: Amending the Citywide Salary Schedule to implement the Second Amendment to the Suisun City Employees’ Association (SCEA) MOU 2021-23, the Third Amendment to the Suisun City Management and Professional Employees’ Association (SCMPEA) MOU 2021-23 and the Amended and Restated Schedule of Benefits for Unrepresented Employees.

PASSED AND ADOPTED at a Regular Meeting of said City Council of the City of Suisun City duly held on Tuesday, the 23rd day of May 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 23rd day of May 2023.

Anita Skinner
City Clerk

Attachments: Citywide Salary Schedule
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Resolution Date: 5/23/2023
Job Class Range A B C D E Starting Ending Effective Date B.U. FLSA Account Clerk I 500 $20.19 $21.20 $22.26 $23.37 $24.54 $3,499 $4,253 05/26/23 SCEA Account Clerk I A01 $20.54 $21.47 $22.44 $23.46 $24.54 $3,561 $4,253 05/26/23 SCEA Account Clerk II* 501 $22.04 $23.15 $24.30 $25.52 $26.80 $3,821 $4,645 05/26/23 SCEA Account Clerk III 503 $24.08 $25.28 $26.55 $27.88 $29.27 $4,174 $5,073 05/26/23 SCEA Accountant* 235 $35.68 $37.46 $39.33 $41.30 $43.37 $6,184 $7,517 05/26/23 SCMPEA Exempt Accounting Services Manager 270 $44.84 $47.08 $49.43 $51.90 $54.50 $7,772 $9,447 05/26/23 SCMPEA Exempt Accounting Technician 508 $26.68 $28.02 $29.42 $30.89 $32.43 $4,625 $5,622 05/26/23 SCEA Administrative Assistant I 510 $25.73 $27.01 $28.37 $29.78 $31.27 $4,460 $5,421 05/26/23 SCEA Administrative Assistant II* 560 $27.43 $28.80 $30.24 $31.75 $33.34 $4,754 $5,779 05/26/23 SCEA Administrative Assistant II A03 $27.78 $29.07 $30.42 $31.85 $33.34 $4,816 $5,779 05/26/23 SCEA Assistant Engineer 220 $40.91 $42.95 $45.10 $47.36 $49.72 $7,091 $8,619 05/26/23 SCMPEA Exempt Assistant Planner 235 $35.68 $37.46 $39.33 $41.30 $43.37 $6,184 $7,517 05/26/23 SCMPEA Exempt Associate Engineer* 270 $44.84 $47.08 $49.43 $51.90 $54.50 $7,772 $9,447 05/26/23 SCMPEA Exempt Associate Planner* 236 $39.09 $41.04 $43.09 $45.25 $47.51 $6,775 $8,235 05/26/23 SCMPEA Exempt Background Investigator 955 - - - - $49.92 - - 12/24/21 Temp/PT Battalion Chief (2912 annual hours) 232 $38.11 $40.02 $42.02 $44.12 $46.33 $9,497 $11,543 05/12/23 Unrep Exempt Building Inspection Services Manager* 270 $44.84 $47.08 $49.43 $51.90 $54.50 $7,772 $9,447 05/26/23 SCMPEA Exempt Building Inspector I 520 $30.58 $32.10 $33.71 $35.40 $37.16 $5,300 $6,442 05/26/23 SCEA Building Inspector II* 521 $33.46 $35.13 $36.89 $38.73 $40.67 $5,799 $7,049 05/26/23 SCEA Building Maintenance Worker I 565 $22.99 $24.14 $25.35 $26.62 $27.95 $3,986 $4,844 05/26/23 SCEA Building Maintenance Worker I A04 $23.35 $24.42 $25.54 $26.71 $27.95 $4,047 $4,844 05/26/23 SCEA Building Maintenance Worker II* 566 $25.13 $26.38 $27.70 $29.09 $30.54 $4,355 $5,294 05/26/23 SCEA Chief Building Official* 267 $55.66 $58.45 $61.37 $64.44 $67.66 $9,648 $11,728 05/12/23 Unrep Exempt City Engineer* 267 $55.66 $58.45 $61.37 $64.44 $67.66 $9,648 $11,728 05/26/23 SCMPEA Exempt City Manager** 100 - - - - $128.17 - $22,217 05/12/23 Unrep Exempt Code Enforcement Officer I 560 $27.43 $28.80 $30.24 $31.75 $33.34 $4,754 $5,779 05/26/23 SCEA Code Enforcement Officer II* 561 $28.71 $30.14 $31.65 $33.23 $34.90 $4,976 $6,048 05/26/23 SCEA Code Enforcement Officer II A05 $29.06 $30.42 $31.84 $33.33 $34.90 $5,038 $6,048 05/26/23 SCEA Community Services Officer I 535 $22.77 $23.91 $25.10 $26.36 $27.68 $3,947 $4,797 05/26/23 SCEA Community Services Officer I A06 $23.12 $24.18 $25.29 $26.45 $27.68 $4,008 $4,797 05/26/23 SCEA Community Services Officer II* 536 $24.89 $26.14 $27.44 $28.82 $30.26 $4,315 $5,244 05/26/23 SCEA Computer Systems Specialist 917 $19.07 $20.02 $21.02 $22.08 $23.18 - - 12/24/21 Temp/PT Computer Technician* 545 $35.09 $36.84 $38.68 $40.62 $42.65 $6,082 $7,392 05/26/23 SCEA Computer Technician A07 $35.44 $37.11 $38.87 $40.71 $42.65 $6,143 $7,392 05/26/23 SCEA Deputy Fire Chief 255 $61.67 $64.76 $67.99 $71.39 $74.96 $10,690 $12,994 05/26/23 SCMPEA Exempt Deputy Fire Chief A08 $62.74 $65.57 $68.55 $71.68 $74.96 $10,874 $12,994 05/26/23 SCMPEA Exempt Development Services Director* 140 $64.04 $67.25 $70.61 $74.14 $77.84 $11,101 $13,493 05/12/23 Unrep Exempt Dispatch/Records Supervisor* 223 $35.22 $36.98 $38.83 $40.77 $42.81 $6,105 $7,421 05/26/23 SCMPEA Exempt Division Fire Chief 237 $54.31 $57.03 $59.88 $62.87 $66.02 $9,414 $11,443 05/26/23 SCMPEA Exempt City of Suisun City
Salary Schedule
Hourly Monthly Average
(C) Denotes Confidential Class
* Denotes Benchmark Class
** City Manager's Salary is set by Contract Page 1 of 3 200
Job Class Range A B C D E Starting Ending Effective DateB.U. FLSA Hourly Monthly Average
Division Fire Chief A09 $55.38 $57.84 $60.44 $63.16 $66.02 $9,598 $11,443 05/26/23SCMPEAExempt Economic Development Consultant 956 - - - - $65.00 - - 12/24/21Temp/PT Finance Director* 140 $64.04 $67.25 $70.61 $74.14 $77.84 $11,101 $13,493 05/12/23Unrep Exempt Financial Services Manager 225 $46.65 $48.98 $51.43 $54.00 $56.70 $8,086 $9,828 05/26/23SCMPEAExempt Financial Services Specialist 917 $19.07 $20.02 $21.02 $22.08 $23.18 - - 12/24/21Temp/PT Fire Captain (2,912 annual hours) A10 $34.85 $36.29 $37.81 $39.40 $41.07 $8,683 $10,233 05/12/23IAFF Fire Captain* (2,912 annual hours) 202 $33.79 $35.48 $37.25 $39.11 $41.07 $8,418 $10,233 05/12/23IAFF Fire Chief* 110 $75.86 $79.65 $83.63 $87.81 $92.20 $13,148 $15,982 05/12/23Unrep Exempt Fire Engineer (2912 annual hours) A11 $32.45 $33.77 $35.16 $36.62 $38.15 $8,085 $9,505 05/12/23IAFF Fire Engineer* (2912 annual hours) 203 $31.38 $32.95 $34.60 $36.33 $38.15 $7,820 $9,505 05/12/23IAFF Fire Marshal* 237 $54.31 $57.03 $59.88 $62.87 $66.02 $9,414 $11,443 05/26/23SCMPEAExempt Firefighter 910 $19.70 $20.69 $21.72 $22.81 $23.95 - - 12/24/21Temp/PT Fleet Mechanic* 525 $26.29 $27.61 $28.99 $30.44 $31.96 $4,558 $5,540 05/26/23SCEA Housing Programs Manager* 230 $46.28 $48.59 $51.02 $53.57 $56.25 $8,021 $9,750 05/26/23SCMPEAExempt Housing Specialist I 560 $27.43 $28.80 $30.24 $31.75 $33.34 $4,754 $5,779 05/26/23SCEA Housing Specialist II* 561 $28.71 $30.14 $31.65 $33.23 $34.90 $4,976 $6,048 05/26/23SCEA Human Resources Administrator* 242 $51.78 $54.36 $57.08 $59.94 $62.93 $8,974 $10,909 05/12/23Unrep Exempt Human Resources Technician (C) 519 $30.01 $31.51 $33.09 $34.74 $36.48 $5,202 $6,323 05/26/23SCEA IT Services Manager 270 $44.84 $47.08 $49.43 $51.90 $54.50 $7,772 $9,447 05/26/23SCMPEAExempt Maintenance Worker I 565 $22.99 $24.14 $25.35 $26.62 $27.95 $3,986 $4,844 05/26/23SCEA Maintenance Worker I A12 $23.35 $24.42 $25.54 $26.71 $27.95 $4,047 $4,844 05/26/23SCEA Maintenance Worker II* 566 $25.13 $26.38 $27.70 $29.09 $30.54 $4,355 $5,294 05/26/23SCEA Maintenance Worker II A13 $25.48 $26.66 $27.89 $29.18 $30.54 $4,417 $5,294 05/26/23SCEA Management Analyst I 235 $35.68 $37.46 $39.33 $41.30 $43.37 $6,184 $7,517 05/26/23SCMPEAExempt Management Analyst II* 236 $39.09 $41.04 $43.09 $45.25 $47.51 $6,775 $8,235 05/26/23SCMPEAExempt Marina & Waterfront Events Manager 236 $39.09 $41.04 $43.09 $45.25 $47.51 $6,775 $8,235 05/26/23SCMPEAExempt Marketing Manager 245 $35.82 $37.61 $39.49 $41.47 $43.54 $6,209 $7,547 05/26/23SCMPEAExempt Office Assistant 509 $21.79 $22.88 $24.03 $25.23 $26.49 $3,778 $4,592 05/26/23SCEA Permit Technician 519 $30.01 $31.51 $33.09 $34.74 $36.48 $5,202 $6,323 05/26/23SCEA Planning Specialist 917 $19.07 $20.02 $21.02 $22.08 $23.18 - - 12/24/21Temp/PT Police Chief* 110 $75.86 $79.65 $83.63 $87.81 $92.20 $13,148 $15,982 05/12/23Unrep Exempt Police Commander 255 $61.67 $64.76 $67.99 $71.39 $74.96 $10,690 $12,994 05/26/23SCMPEAExempt Police Evidence and Property Technician I535 $22.77 $23.91 $25.10 $26.36 $27.68 $3,947 $4,797 05/26/23SCEA Police Evidence and Property Technician II*536 $24.89 $26.14 $27.44 $28.82 $30.26 $4,315 $5,244 05/26/23SCEA Police Evidence and Property Technician IIA15 $25.25 $26.41 $27.63 $28.91 $30.26 $4,376 $5,244 05/26/23SCEA Police Officer Trainee 906 - - - $28.63 $30.06 - - 12/24/21Temp/PT Police Officer A22 $39.22 $40.88 $42.62 $44.46 $46.38 $6,798 $8,039 05/12/23SCPOA Police Officer* 400 $38.16 $40.06 $42.07 $44.17 $46.38 $6,614 $8,039 05/12/23SCPOA Police Sergeant A23 $49.64 $51.83 $54.12 $56.52 $59.05 $8,605 $10,235 05/12/23SCPOA Police Sergeant* 450 $48.58 $51.01 $53.56 $56.24 $59.05 $8,420 $10,235 05/12/23SCPOA Police Support Services Manager* 270 $46.48 $48.81 $51.25 $53.81 $56.50 $8,057 $9,793 05/26/23SCMPEAExempt Police Support Services Manager A16 $47.19 $49.35 $51.62 $54.00 $56.50 $8,180 $9,793 05/26/23SCMPEAExempt Principal Planner 266 $51.06 $53.62 $56.30 $59.11 $62.07 $8,851 $10,758 05/26/23SCMPEAExempt (C) Denotes Confidential Class
* Denotes Benchmark Class
** City Manager's Salary is set by Contract Page 2 of 3201 Job Class Range A B C D E Starting Ending Effective DateB.U. FLSA Hourly Monthly Average
Principal Planner A17 $51.42 $53.89 $56.48 $59.21 $62.07 $8,912 $10,758 05/26/23SCMPEAExempt Project Manager* 220 $40.95 $43.00 $45.15 $47.41 $49.78 $7,099 $8,628 05/26/23SCMPEAExempt Public Safety Dispatcher I A18 $28.65 $29.88 $31.18 $32.53 $33.96 $4,966 $5,887 05/12/23SCPOA Public Safety Dispatcher I 525 $27.94 $29.34 $30.80 $32.34 $33.96 $4,843 $5,887 05/12/23SCPOA Public Safety Dispatcher II* 526 $29.68 $31.16 $32.72 $34.36 $36.08 $5,145 $6,253 05/12/23SCPOA Public Works & Building Director/City Engineer*140 $64.04 $67.25 $70.61 $74.14 $77.84 $11,101 $13,493 05/12/23Unrep Exempt Public Works Inspector* 570 $33.83 $35.52 $37.30 $39.16 $41.12 $5,864 $7,128 05/26/23SCEA Public Works Specialist 917 $19.07 $20.02 $21.02 $22.08 $23.18 - - 12/24/21Temp/PT Public Works Superintendent* 265 $50.66 $53.19 $55.85 $58.64 $61.58 $8,781 $10,673 05/26/23SCMPEAExempt Public Works Superintendent A20 $51.01 $53.46 $56.04 $58.74 $61.58 $8,842 $10,673 05/26/23SCMPEAExempt Public Works Supervisor* 222 $33.42 $35.09 $36.85 $38.69 $40.63 $5,793 $7,042 05/26/23SCMPEAExempt Recreation Coordinator 580 $26.78 $28.12 $29.52 $31.00 $32.55 $4,642 $5,642 05/26/23SCEA Recreation Program Administrative Coordinator510 $25.73 $27.01 $28.37 $29.78 $31.27 $4,460 $5,421 05/26/23SCEA Recreation Specialist I 935 - - $16.05 $16.85 $17.69 - - 12/24/21Temp/PT Recreation Specialist II 936 - $16.81 $17.65 $18.53 $19.46 - - 12/24/21Temp/PT Recreation Specialist III 937 $17.61 $18.49 $19.41 $20.38 $21.40 - - 12/24/21Temp/PT Recreation Specialist Supervisor 939 $19.37 $20.34 $21.36 $22.43 $23.55 - - 12/24/21Temp/PT Recreation Supervisor* 241 $29.29 $30.76 $32.30 $33.91 $35.61 $5,077 $6,172 05/26/23SCMPEAExempt Recreation, Parks & Marina Director* 140 $64.04 $67.25 $70.61 $74.14 $77.84 $11,101 $13,493 05/12/23Unrep Exempt Secretary to City Manager/Deputy City Clerk (C)*300 $31.49 $33.07 $34.72 $36.46 $38.28 $5,459 $6,635 05/26/23SCMPEAExempt Senior Account Clerk 508 $26.68 $28.02 $29.42 $30.89 $32.43 $4,625 $5,622 05/26/23SCEA Senior Accountant 220 $40.95 $43.00 $45.15 $47.41 $49.78 $7,099 $8,628 05/26/23SCMPEAExempt Senior Associate Engineer 231 $49.16 $51.61 $54.19 $56.90 $59.75 $8,520 $10,357 05/26/23SCMPEAExempt Senior Building Inspector 220 $40.95 $43.00 $45.15 $47.41 $49.78 $7,099 $8,628 05/26/23SCMPEAExempt Senior Maintenance Worker 525 $26.29 $27.61 $28.99 $30.44 $31.96 $4,558 $5,540 05/26/23SCEA Senior Management Analyst 238 $42.83 $44.97 $47.22 $49.58 $52.06 $7,423 $9,023 05/26/23SCMPEAExempt Senior Planner 238 $42.83 $44.97 $47.22 $49.58 $52.06 $7,423 $9,023 05/26/23SCMPEAExempt Senior Public Safety Dispatcher A21 $33.03 $34.48 $36.00 $37.60 $39.28 $5,725 $6,809 05/12/23SCPOA Senior Public Safety Dispatcher 530 $32.32 $33.93 $35.63 $37.41 $39.28 $5,602 $6,809 05/12/23SCPOA Youth Services Specialist 590 $31.33 $32.89 $34.54 $36.26 $38.08 $5,430 $6,600 05/26/23SCEA (C) Denotes Confidential Class
* Denotes Benchmark Class
** City Manager's Salary is set by Contract Page 3 of 3202 AGENDA ITEM NO. 18

AGENDA TRANSMITTAL

MEETING DATE:

May 23, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-____: Authorizing the Chief of Police, or his designee, to Execute a Contract to Receive and Administer funding through the Boating Safety and Enforcement Financial Aid Program from the California Department of Boating and Waterways.

FISCAL IMPACT:

Contingent upon final approval of the budget, Suisun City will be awarded grant funds in the amount of $43,753.00. Suisun City’s match is through the contribution of boat tax revenue.

STRATEGIC PLAN:

Ensure Public Safety, Provide Good Governance

BACKGROUND:

Each year the Police Department applies for and receives grant funding from the CA Department of Boating and Waterways to cover the majority of the operation of our boating enforcement program. The Police Department has operated a boat patrol program for over 25 years.

STAFF REPORT:

Two police sergeants and up to six police officers are assigned to the patrol boat operation. Throughout the year, the boat patrol is utilized in several events, such as boat races, Fourth of July, launch ramp inspections, harbor patrol, sinking vessels, vessel accidents, search and rescues, stranded boaters and special assistance call outs by the United States Coast Guard and the Solano County Sheriff’s Department. The team participates in regional enforcement efforts sponsored by the United States Coast Guard in conjunction with surrounding counties. The team also conducts enforcement operations for the Fleet Week event in San Francisco.

During the prior completed federal fiscal year (2021/2022), the team worked approximately 583 hours towards boating safety education and enforcement. There were 216 warnings issued and 1 citation issued. There were 285 compliance inspection/checks completed. There were 2 search and rescue responses, 50 persons assisted, and 13 vessels assisted.

STAFF RECOMMENDATION:

Council Adoption of

Resolution No. 2023-___: A Resolution of the
City Council of the City of Suisun City Authorizing the Chief of Police to Execute a Contract to Receive and Administer funding through the Boating Safety and Enforcement Financial Aid Program from the California Department of Boating and Waterways.

DOCUMENTS ATTACHED:
1 .

Resolution of the City Council of the City of Suisun City Authorizing the Chief of Police to Execute a Contract to Receive and Administer funding through the Boating Safety and Enforcement Financial Aid Program from the California Department of Boating and Waterways. 2 .

Boating Safety and Enforcement Financial Aid Program Agreement.

PREPARED BY:

Lisa Carlock, Police Sergeant
REVIEWED BY:

Aaron Roth, Police Chief
203
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:
1 Resolution Approving Contract to Receive and Administer Funding through Boating Safety and Financial
Aid Program.doc

2. Boating Safety and Enforcement Financial Aid Program Agreement..doc 204
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RESOLUTION NO. 2023-__

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

AUTHORIZING THE CHIEF OF POLICE, OR HIS DESIGNEE, TO EXECUTE A

CONTRACT TO RECEIVE AND ADMINISTER FUNDING THROUGH THE

BOATING SAFETY AND ENFORCEMENT FINANCIAL AID PROGRAM FROM

THE CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS
WHEREAS, the City of Suisun City Police Department is eligible to participate in the 2023/2024 Boating Safety and Enforcement Financial Aid Program through the California Department of Boating and Waterways; and
WHEREAS, the Boating Safety and Enforcement Financial Aid Program will provide funding in the amount of $43,753.00 for the purpose of performing boating safety and enforcement activities as described in Title 14, California Code of Regulations Section 6593.3; and
WHEREAS, pursuant to Title 14, California Code of Regulations Section 6593.6, the City of Suisun City Police Department is required to enter into an annual contract with the California Department of Boating and Waterways in order to participate in the financial aid program.

In addition, pursuant to Pursuant to Harbors and Navigation Code, Section 663.7 (e), The department shall not allocate funds to any county or a public agency within a county unless the department receives a resolution adopted annually by the board of supervisors authorizing the county to participate in the program and certifying that the county will expend for boating safety programs during that year not less than an amount equal to 100 percent of the amount received by the county from personal property taxes on vessels. The money allocated to a county pursuant to subdivision (a) shall be used only for boating safety and enforcement programs, as specified in subdivision (a), that are conducted in that county.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Police Chief, or his designee, to execute those documents necessary to receive funding through the California Department of Boating and Waterways Boating Safety and Enforcement Financial Aid Program and further authorizes the Police Chief, or his designee, to administer said program.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Suisun City duly held on Tuesday, the 23rd day of May 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 23rd day of May 2023. ________________________________
Donna Pock, CMC
Deputy City Clerk
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Boating Safety and Enforcement Financial Aid Program Agreement This agreement entered into this 1ST day of July, 2023, by and between the CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION, DIVISION OF BOATING AND WATERWAYS, hereinafter called “Department,” and the CITY OF SUISUN, hereinafter called “Agency”;

WITNESSETH
WHEREAS, Contingent on approval of Governor’s Fiscal Year 2023-24 Budget Act, the Department intends to agree with Agency for the purpose of performing boating safety and enforcement activities as described in Title 14, California Code of Regulations Section 6593.3; and WHEREAS, Agency is equipped, staffed and prepared to provide such services on the terms and conditions set forth in this agreement and in accordance with Title 14, California Code of Regulations Section 6593 et seq.; and
WHEREAS, pursuant to Title 14, California Code of Regulations Section 6593.6, Department shall enter into an annual agreement with each participating agency; NOW, THEREFORE, it is mutually agreed as follows:

I. Applicable Law
Agency shall observe and comply with all applicable federal, state, and county statutes, ordinances, regulations, directives, and laws, including, but not limited to, Harbors and Navigation Code Section 663.7 and Section 6593 et seq. of Title 14, California Code of Regulations. Agreement shall be deemed to be executed within the State of California and construed and governed by the laws of the State of California.

II. Description of Services
Agency shall conduct boating safety and enforcement activities in the jurisdiction of the Agency in consideration of the payments hereinafter set forth.

III. Payments
A. Maximum Amount. The amount the Department shall be obligated to pay for services rendered under this agreement shall not exceed $43,753.00 for the agreement term in full consideration of Agency’s performance of the services described in this agreement.

B. Rate of Payment. The Department shall reimburse Agency in accordance with the reimbursement procedures set forth in Title 14, California Code of Regulations Section 6593.9.
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C. Submission of Claims. Agency shall submit claims for reimbursement to the Department contact person identified in paragraph V of this contract on a ___monthly OR _X_quarterly basis. (Please check one)
D. Failure to Submit Claims. Claims for reimbursement shall be submitted within 60 days following the last day of the reporting period. Pursuant to Title 14, California Code of Regulations 6593.9 (i), the Department may reduce an Agency’s allocation by five percent if the Agency exceeds the sixty-day billing period and an additional five percent for every thirty-day period thereafter that the Agency is late in filing a claim.

IV. Records
Agency shall maintain records pursuant to Section 6593.10 of Title 14, California Code of Regulations.

V. Notice
Notice shall be in writing and shall be deemed to have been served when it is deposited in the United States mail, first class postage prepaid, and addressed as follows:

TO DEPARTMENT TO AGENCY
Ms. Joanna Andrade City of Suisun
Department of Parks and Recreation 701 Civic Center Blvd.

Division of Boating and Waterways Suisun City, CA 94585 715 P Street, 12th floor
Sacramento, CA 95814
Either party may change the address to which subsequent notice and/or other communication can be sent by giving written notice designating a change of address to the other party.

VI. Term
This agreement shall be for the term beginning July 1, 2023, and ending June 30, 2024.

VII. Prior Agreements
All prior agreements regarding this subject matter between Department and Agency are hereby terminated effective June 30 prior to the term beginning date of this agreement.

VIII. Amendment
No amendment or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto.

IX. Termination
Agency may terminate this agreement without cause in writing at any time. Department may terminate this agreement without cause upon a sixty (60) days written notice served upon the Agency.
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X. Special Provisions
A. Agency hereby certifies that the obligations created by this agreement do not violate the provisions of Sections 1090 to 1096 of the Government Code.

B. This agreement shall have no force or effect until signed by the Department, Agency, and approved by the Department of General Services Legal Department, if required.

C. Agency shall continue with the responsibilities of this agreement during any dispute.

D. In the event of an allocation reduction for this program, an equal allotment will be decrease from every participant.

E. Failure by the Agency to comply with the terms of this agreement may jeopardize the Agency's ability to be awarded funding in future funding opportunities offered by the Department of Parks and Recreation.

IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written.

CALIFORNIA DEPARTMENT OF PARKS AND

RECREATION, DIVISION OF BOATING AND

WATERWAYS
By:

California Department of Parks and Recreation,
Division of Boating and Waterways
Date:
“Department”

CITY OF SUISUN
By:

Title: _______________________________
Date:
“Agency”
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AGENDA ITEM NO. 19

AGENDA TRANSMITTAL

MEETING DATE:

May 23, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-___: Approving a Six (6) Month Waiver of the Marina Boat Slip Fee.

FISCAL IMPACT:

Monthly boat slip fee is $196.00 per month, so waiving this fee is a reduction of $1,176.00 of potential revenue.

STRATEGIC PLAN:

Revitalize Downtown Waterfront District; Develop Sustainable Economy.

BACKGROUND:

Staff has been approached by a water-related business that would like to locate in Downtown Suisun City and store their boat at the marina docks (see Attachment 2). The company is Wombat Charters (http://www.wombat-charters.fishing/) currently operating out of Napa on the Napa River. The company is proposing to locate their 24’ Skipjack boat to Suisun City and offer daytime and sunset tours down Suisun Slough to Grizzly Bay for 4 to 6 people. Captain “Aussie” Bob Fisher has requested a waiver of the $196 per month boat slip fee while he builds up his business as he will need to maintain his slips in Napa until he knows if business will be strong enough here. After 6 months, he will be required to pay for his boat slip in the marina.

STAFF REPORT:

The Suisun City Marina currently charges $196.00 per month to dock an up to 28’ sized boat in the marina. Offering this business free boat slip rent for six months is a low-cost way to incentivize a new business to locate here in Suisun City. The waiver is a loss of $1,176.00 in potential boat slip fees over the six-month period, but there is no real “out-of-pocket” cost to the city. The boat would be stored in the marina boat slip, but would utilize the guest dock for embarkation and debarkation.

It is anticipated that the charter business would bring tourists downtown and could provide a nice amenity for guests staying in our hotels downtown. Commercial use of the Suisun Slough is also one of the prerequisites for the Corps of Engineers to continue to dredge the slough out to the bay, so this type of business is helpful in maintaining the Corps of Engineers responsibility.

STAFF RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2023- ___: Approving a Marina Boat Slip Fee Waiver for Six Months.

DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-___: Approving a Six Month Waiver of the Marina Boat Slip Fee 2 .

Letter from Captain Aussie Bob of Wombat Charters

PREPARED BY:

Greg Folsom, City Manager

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ATTACHMENTS:
1 Resolution Approving a Six Month Waiver of the Marina Boat Slip Fee.pdf 2 Letter from Captain Aussie Bob of Wombat Charters Regarding Marina Fee Waiver.pdf 210

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RESOLUTION NO. 2023-

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

APPROVING A SIX MONTH WAIVER OF THE MARINA BOAT SLIP FEE

WHEREAS, Revitalization of downtown Suisun City is one of Council’s goals from the Strategic Plan; and
WHEREAS, Wombat Charters has requested a six month waiver of boat slip fees in order to start up a boat charter operation in Suisun City; and WHEREAS, Council has set the boat slip fee at $196 per month for boats up to 28’ ; and
WHEREAS, the total cost of the fee waiver is $1,176 in potential revenue; and WHEREAS, staff is not authorized to waive fees of this type; and WHEREAS, the City Council has an interest in creating incentives for new businesses to come to Suisun City; and
WHEREAS, charter tours are a nice amenity for tourists, as well as for Suisun City residents.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Suisun City hereby approves a waiver of the marina boat slip fees for six months.

PASSED AND ADOPTED at a Regular Meeting of t he City Council of the City of Suisun City held on Tuesday the 23rd day of May 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 23rd day of May 2023.

Anita Skinner
City Clerk
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City of Suisun City
City Hall
701 Civic Center Blvd.

Suisun City, Ca 94585
Vice Mayor,
It was wonderful mee�ng with you and the city managers, the introduc�on to the councilwoman and the Harbor Master yesterday.

This leter is a formal request to waive the ﬁrst six months of slip fees at the Suisun Harbor dock as an incen�ve for me to transfer one of my two boats from the Napa Valley Marina to your facility. The boat will be my 24’ Skipjack which has a capacity of six passengers in addi�on to me as the captain.

In the interim I will s�ll need to maintain and pay for my slip in Napa as boat slips are in limited supply here and I can’t aﬀord to lose it in the event that I need to move my boat back. This situa�on will change if the new venture in Suisun is successful.

If we proceed there will be a lot of work to do. I’ll have to start from scratch and build up a social media presence on mul�ple pla�orms speciﬁcally for this area and the new service and in addi�on I’ll need to work with local businesses such as restaurants and hotels which could be mutually beneﬁcial. I’ll also need to update my website to include the new loca�on and oﬀerings.

As well as advanced bookings (reserva�ons) I would foresee ‘walk-ups’ as a poten�al given that the boat will be visible from the waterfront.

Looking forward to your response and hopefully to working with you.

Captain Aussie Bob
Wombat Charters
Napa, California
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Robert W Fisher
(Capt. Aussie Bob)
Wombat Charters

USCG MMC - Merchant Mariner Creden�al
OUPV - Operator of Uninspected Passenger Vessels for Inland Waters 6-Pack Charter Boat Captain since 2016

I’m a licensed and insured charter boat owner/operator currently providing scenic boat tours and ﬁshing charters to the public in Napa County. I’ve established the ﬁrst and s�ll the only wetlands boat tour service in the inland waters of the San Pablo Bay Na�onal Wildlife Refuge and the Napa/Sonoma Marshes. I’m originally from Australia but I’ve been living in the San Francisco Bay Area for 25 years. I have a life�me of experience and a love for boats and the water.

I currently own two boats, a 19’ shallow dra� Mako Skiﬀ center console with an outboard and 24’ Deep V Skipjack half cabin with an inboard/outboard (sterndrive) conﬁgura�on. The Mako is an open boat ideally suited for shallow back waters and up-close wildlife/birdlife viewing for 2-4 passengers. The 24’ Skipjack can accommodate up to 6 passengers, has a hardtop and requires deeper water channels.

The plan is to relocate the 24’ Skipjack to a slip in the Suisun City Harbor and provide scenic tours for the public ini�ally down Suisun Slough to the entrance of Grizzly Bay for 4-6 people. Diﬀerent scenic routes can be established over �me. I presently oﬀer day�me and sunset tours in my current loca�on and I could do the same out of Suisun City Harbor.

Ini�ally I will need to split my �me between both loca�ons however if we are successful I could easily transfer the opera�on to Suisun. Both of my boats are currently stored in covered slips at the Napa Valley Marina which is a family owned facility that prohibits commercial opera�on. My current system is by reserva�on only and I meet my customers upriver at a public dock (Cu�ngs Wharf Public Boat Launch) at a predetermined �me. Suisun Harbor oﬀers a beter solu�on due to the visibility of the boat from the waterfront and I could take reserva�ons in addi�on to ‘walk-ups’.

My photographs and reviews speak for themselves so I recommend searching for “Wombat Charters” in Google and look at the some of the hundreds of pics, comments and ra�ngs from my customers.

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AGENDA ITEM NO. 20

AGENDA TRANSMITTAL

MEETING DATE:

May 23, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution 2023-___: Approving the Settlement Agreement for Purchase and Sale of Certain Real Property Under Threat of Condemnation.

FISCAL IMPACT:

The settlement amount of $725,000 will be paid out of the Offsite Street Improvement Program fund and will not impact the General Fund.

STRATEGIC PLAN:

Ensure Good Governance.

BACKGROUND:

Louisa and Michael Pickering own unimproved real property located at Sunset and Railroad, APN 0037-160-110 (“Property”). A portion of this property has been identified in the General Plan as necessary for the future realignment of Railroad Avenue.

On January 25, 2022, the Pickerings served on the City a Complaint for Inverse Condemnation (Case No. FCS055707, Solano County Superior Court). The basis of the lawsuit was that the City’s Road Expansion Project (defined below), as adopted by the City’s General Plan, allegedly prevented them from selling or developing the Property and, therefore, constitutes a taking.

Upon notice of the lawsuit, City staff explored the necessity of the future realignment of Railroad and determined that it is indeed necessary for the future flow of traffic through Suisun City and entered into negotiations with seller to purchase a portion of the property along the canal needed for the future roadway. During the negotiation period, staff completed preliminary design in order to determine the exact amount of property needed and had the road property appraised.

The City and the Pickerings have negotiated and agreed to settle the lawsuit pursuant to which (i) the Pickerings will transfer fee title to a portion of the property (“Road Property”) (see Exhibits A and B for depiction) for the public purpose of expansion of the Railroad Avenue realignment project (“Road Expansion Project”); and (ii) the Pickerings have executed a Temporary Easement Agreement effective as of the closing to establish a temporary construction easement (“Temporary Easement Agreement”) to facilitate the roadway expansion for use of a portion of the Remaining Property (defined in the settlement agreement) adjacent to the Road Property (“Temporary Easement”).

STAFF REPORT:

The settlement amount is $725,000, which will be paid out of the Offsite Street Improvement Program (OSIP) fund and will not impact the General Fund. OSIP funds are restricted funds that can be used for the acquisition of right of way (ROW) and related costs, as well as for the construction of the future roadway. OSIP funds cannot be used for normal road maintenance or repairs.

The deal points in the settlement agreement are as follows:

The Pickerings will transfer fee title to the Road Property for the public purpose of expansion of the Road Expansion Project;

The Pickering’s will execute a Temporary Easement Agreement effective as of the closing to 215
establish a temporary construction easement to facilitate the roadway expansion for use of a portion of the property adjacent to the Road Property.

The compensation for the Road Property and the Temporary Easement is $725,000, which was agreed as follows:

Value of Road Property: $272,930
Severance Damages: $148,895
Temporary Construction Easement: $17,839
Attorney’s Fees: $285,336
TOTAL: $ 725,000

The closing date will be on ____________, but in no event later than 21 days after the opening of escrow.

The Pickerings must, at their sole cost and expense, commence and prosecute appropriate legal proceedings of unlawful detainer to cause the removal of the person who the Pickerings represent to the City is a trespasser currently on the Property.

Seller must maintain the property and keep it free of trash and debris until closing.

City has the right, but not the obligation, to enter the Property to remove and dispose of the trailer, all other personal property and any trash debris or plant/bushes located thereon.

STAFF RECOMMENDATION:

Council Adoption of Resolution No. 2023-___: A Resolution of the City Council of the City of Suisun City Approving the Settlement Agreement for Purchase and Sale of Certain Real Property Under Threat of Condemnation.

DOCUMENTS ATTACHED:
1 .

Resolution Approving the Settlement Agreement for Purchase and Sale of Certain Real Property Under Threat of Condemnation
2 .

Exhibits “A” and “B”, maps depicting the location of the Road Property 3 .

Exhibit “C” Executed Settlement Agreement

PREPARED BY:

Elena Gerli, City Attorney
REVIEWED BY:

Greg Folsom, City Manager
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:
1 Resolution Approving the Settlement Agreement for Purchase and Sale of Certain Real Property Under Threat of Condemnation.pdf
2 Exhibits A and B maps depicting the location of the Real Property.pdf 3 Exhibit C Executed Settlement Agreement.pdf
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RESOLUTION NO. 2023-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SUISUN CITY APPROVING THE SETTLEMENT AGREEMENT

FOR PURCHASE AND SALE OF CERTAIN REAL PROPERTY

UNDER THREAT OF CONDEMNATION

WHEREAS, Louisa and Michael Pickering (“Seller”) own an undeveloped property at the southeast comer of Sunset and Railroad (APN 0037-160-110); and

WHEREAS, a portion of this property has been identified in the General Plan as necessary for the future realignment of Railroad Avenue; and

WHEREAS, On January 25, 2022, S eller served on the City a Complaint for Inverse Condemnation (Case No. FCS055707 , Solano County Superior Court), with the basis of the lawsuit being that the City’s Road Expansion Project, as adopted by the City’s General Plan, allegedly prevented them fr om selling or developing the Property and therefore constitutes a taking; and

WHEREAS, upon notice of the lawsuit, City staff explored the necessity of the future realignment of Railroad and determined that it is indeed necessary for the future flow of traffic through Suisun City and entered into negotiations with Seller to purchase a portion of the property along the canal needed for the future roadway; and

WHEREAS, during the negotiation period, staff completed preliminary design in order to determine the exact amount of property needed and had the road property appraised ; and

WHEREAS, during settlement mediation, City and Seller were able to come to a negotiated settlement in the amount of $725,000 that included acquisition of the needed right of way at the appraised value; and

WHEREAS, the City and Seller have entered into that certain Settlement Agreement for Purchase and Sale of Real Property Under Threat of Condemnation and Joint Escrow Instructions, dated May 9, 2023, to memorialize the terms agreed upon at the settlement mediation (the “Settlement Agreement”).

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

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

Section 2. The City Council approves the adoption of the Settlement Agreement which is attached hereto as Exhibit A.

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Resolution No. 2023-__
Adopted May 23, 2023

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Section 3. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

Section 4. This Resolution shall take effect and be in full force immediately after its adoption by the Council.

PASSED AND ADO PTED at a regular meeting of the City Council of the City of Suisun City duly held on Tuesday, the 23rd day of May 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 23rd day of May 2023.

________________________________
Anita Skinner
City Clerk
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Draft EIR

Railroad Avenue Widening and Realignment Project

April 2005

Chapter 2 – Project Description
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Figure 2-3
Project Site Plan

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Figure 1
Source: Railroad Avenue Widening and Realignment Project DEIR, April 2005 219
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AGENDA ITEM NO. 21

AGENDA TRANSMITTAL

MEETING DATE:

May 23, 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 April 4, 2023, May 2, 2023, and May 9, 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 April 4, 2023, May 2, 2023, and May 9, 2023, are submitted for review and approval.

STAFF RECOMMENDATION:

DOCUMENTS ATTACHED:
1 .

Minutes - April 4, 2023 Regular Council-Successor Agency-Housing Authority Meeting 2 .

Minutes - May 2, 2023 Special Closed Session Meeting
3 .

Minutes - May 2, 2023 Regular Council-Successor Agency-Housing Authority Meeting 4 .

Minutes - May 9, 2023 Special Closed Session Meeting

PREPARED BY:

Anita Skinner, City Clerk
REVIEWED BY:

Greg Folsom, City Manager
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:
1 Minutes - April 4 2023 Regular Council-Successor Agency-Housing Authority Meeting.pdf 2 Minutes - May 2, 2023 Special Closed Session Meetng 5 pm.pdf 3 Minutes - May 2 2023 Regular Council-Successor Agency-Housing Authority Meeting.pdf 4 Minutes - May 9, 2023 Special Closed Session Meetng 5 pm.pdf 251

CITY COUNCIL 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, 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
Mayor Hernandez called the meeting to order at 6:38 pm with the following Council Members present:

PRESENT: Dawson, Hernandez, Pal, Washington
None: None
Pledge of Allegiance was led by Vice Mayor Washington.

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.)
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GENERAL BUSINESS

1 Council Adoption of Resolution No. 2023-32: A Resolution of the City Council of the City of Suisun City Appointing Marlon Osum to the Vacant Councilmember Seat for the Remainder of the Current Term - (City Attorney).

Mayor Hernandez explained the process that will be followed for selecting an applicant for appointment.

Council applicant Jonathan Richardson made final comments on his possible appointment.

Council thanked him for stepping up and taking the time for meeting one on one with them.

Council applicant Marlon Osum made final comments on his possible appointment.

Council thanked him for stepping up and taking the time for meeting one on one with them.

PUBLIC COMMENTS
Clerk Skinner stated that 12 emails were received in support of Jonathan Richardson. Names were not read in open session but are as follows: K Patrice Williams, Taylor Ramsey, Helen Tilley, Debbie Toth, Deborah Dickson, Wanda Williams, Latressa Alford, Bethany Smith, Sheila McCabe, Judi Honeychurch, Marion Aiken, Linda Marsh.

Donna LeBlanc and George Guynn spoke in support of Mr. Osum.

Joseph Johnson, Jonathan, Raymond Robinson, Rochelle Henderson spoke in support of Mr.

Richardson.

On-Line
Michelle Chavez hopes the Council will pick the best candidate for our city.

Mayor Hernandez explained her process for considering a specific candidate and again expressed gratitude to both candidates.

Mayor Hernandez moved to appoint Marlon Osum and seconded by Council Member Dawson.

Council members continued discussion on applicants qualities.

Motion by Mayor Hernandez to appoint Marlon Osum and seconded by Council Member Dawson. Motion passed by the following vote:

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

Council took a short recess at 7:40 and reconvened at 7:51pm.

REPORTS (Informational items only.)

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

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Homeless Forum, Wednesday at 6pm at the Community Center; just before that a special Council meeting at 5:45pm to consider and Opioid settlement with the Pharmaceutical Industry.

Received notification yesterday from the State that we were successful and awarded $2.3 mil over the next 5 years for Prop 64 Public Health and Safety Grant and will fund the Police Activities League and staffing. Program to begin this summer with no required matching funds from the city.

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

4 Proclamations (Presented at Meeting)

4b Presentation of Proclamation Proclaiming the month of April 2023 as Autism Awareness Month – (Lofthus: [email protected]).

Mayor Hernandez read the proclamation and presented by Council Member Dawson to Found-It who thanked members of the Found-It group and the City Council.

4c Presentation of Proclamation to Veterans of Foreign Wars (VFW) Auxiliary 2333.

Mayor Hernandez read the Proclamation and presented by Vice Mayor Washington to Angela Prill and Linda Adams.

Ms. Prill thanked the Council and extended an invite to the breakfast to be held Saturday, April 8th.

4a Presentation of Proclamation Proclaiming April 9-15, 2023 as National Public Safety Telecommunications Week - (Roth: [email protected]).

Mayor Hernandez read proclamation and presented by Council Member Pal to dispatchers Ann Sagami and Escobedo. Chief Roth thanked Council for recognizing them and he personally thanked them.

3a Proclamation (not presented) – (Hernandez: [email protected]). a. Proclamation Proclaiming April 2, 2023 as Education and Sharing Day in Suisun City.

Mayor Hernandez stated the proclamation was presented to Rabbi Sappos earlier this week and with it being Passover he could not attend this evening.

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

Mayor Hernandez re-appointed Jay Gunkleman.

Motion by Mayor Hernandez to re-appoint Mr. Gunkleman and seconded by Council Member Dawson. Motion passed by the following vote:

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

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

Motion by Mayor Hernandez to appoint Charles Lee and Patrick Perkins and seconded by Council Member Dawson. Motion passed by the following vote:

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

c. Approval of Appointments to the General Tax Oversight Committee.

Mayor Hernandez appointed Donald Peters and Tamra Coldon.

Motion by Vice Mayor Hernandez to appoint Donald Peters and Tamra Coldon and seconded by Council Member Pal. Motion passed by the following vote:

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

6 Council Appointment of Commissions and Committees.
a. Approval of Appointments to the Environment & Climate Community Advisory Committee.

Vice Mayor Washington moved to appoint Corina Barrett and seconded by Council Member Pal.

Motion passed by the following vote:

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

Council Member Dawson moved to appoint Steve Olry and seconded by Mayor Hernandez.

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 Community Advisory Committee.

Vice Mayor Washington moved to appoint Lamant Jones and seconded by Council member Pal.

Motion passed by the following vote:

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

Council Member Dawson moved to appoint Larry Brumfield and seconded by Vice Mayor Washington. Motion passed by the following vote:

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

Council Member Pal moved to appoint Vik Mohan and seconded by Mayor Hernandez. Motion passed by the following vote:

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

Steve Olry, Tamra Coldon and Larry Brumfield commented and thanked Council for their appointments.

Public Safety and Emergency Management Committee by:

Suisun City Professional Firefighters Association
Chris Luha, Engineer and Vice President of Local 1186, Suisun Professional Firefighters Association.

Suisun City Police Officers Association
Police Officer Tyler Camigi

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, alt hough informational answers to questions may be given and matters may be referred for placement on a future agenda.)

Jeremy Snyder, P olice Officers Association spoke on the number of police officers leaving the department; being underpaid and lack of support being shown to remedy the situation.

Wayne Day commented on the lighthouse that is not lit; thank ed whoever helped get the trains moved further down the track; Lawler House is the ambiance and very essence of what the city is trying to do in Old Town, city needs to be a destination; no signage or schedule posted for street sweeping.

Larry Brumfield commented the Homeless Forum is an extremely important meeting; hope the Congressman will have representatives there; pot holes on Walters Road need to be addressed; need town hall meeting to discuss ways to fix this city.

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Steve Olry commented about the homeless at water tower; congrats for getting that grant, its a victory but not a solution; eliminate a couple of high paid staff, city attorney; streets failing; weeds in Lawler Ranch are extremely tall.

George Guynn ditto to Mr. Olry, staff being paid big bucks, expenses more than income; roads not being fixed, need to cut corners but where?

Katrina Garcia commented on the new website and app; spoke on the process selection for filling the 5th council seat at the last meeting and the disrespect she felt as a candidate and will continue to support them.

James Berg congratulation for getting a full council; concerns about the status of the police department; 4th request to meet with finance director and has not had a returned call or even sent an email; contacted as a small business by the firm doing the city website requesting a fee; feels he is the main tourism in the city.

Donna LeBlanc commented Adopt a Neighborhood on Saturday will be working on the planter boxes at Village and Snow Drive at 9am at Snow Drive; Sustainable Solano is doing a project at Armijo High School’s Garden of Hope, tomorrow 3:45-5pm, it is a public hands on installation workshop for spring planting and removing winter crops; Solano County Water Agency will be passing out free pollinator plant kits while available.

Michelle Chavez thanked council for the special homeless meeting tomorrow evening; concerns about public safety and what is going to happen with staffing; critical stage in staffing and don’t have enough officers.

COUNCIL COMMENTS

7 Council/Board Member Updates.

Council Member Dawson

• Sunday at the Fire Department will be hosting the Easter Egg Hunt • Junior Giants registration 3-9 yrs and free; volunteer coaches are needed • Thanked Mayor for her leadership on the Homeless Forum

Council Member Pal

• Attended Fil-Am Chamber Scholarship event
• Met with Cabinet Minister from Taiwan (digitally); Sunday evening was able to hear the UK Parliament Shadow Railway Minister
• Meet every Monday with Mr. Folsom and Mr. Lofthus to address concerns

Vice Mayor Washington

• Past week was selected as a local leader for a round table for PG&E to learn what they do and advocate for the needs of Suisun City.
• Coffee at Starbuck with residents
• Talked on radio station today about Suisun City
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Mayor Hernandez

• Great to hear the work and interaction council members are doing • Also attended the Fil-Am event which was hosted by former Mayor Pete Sanchez • Homelessness Forum, going to be great meeting with service providers that will be in attendance; • Environment and Climate Committee meet the last Wednesday of the month and approved Earth Day Art Walk to be held on 4/22; Vice Mayor Washington will also help with this project. • Met with Congressman Garamendi’s office; discussed various initiatives with members of his office;
• As President of the North Bay Division for the League of California Cities hosted an event at the Marina lounge for officials and leaders of the Division into Suisun City

Mayor Hernandez appointed Vice Mayor Washington and herself to the Economic Development/Business Ambassador Ad Hoc Committee

Council Member Pal suggested the name of the committee be the Suisun City Economic Vitality Ad Hoc.

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

City Council

8 Council Adoption of Resolution No. 2023-33: 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. 2023-34: 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 A doption 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 -01: Authorizing the E xecution 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.

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B. Adoption of Successor Agency to the Redevelopment Agency of Suisun City Resolution No. SA2023 -02: 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. 2023-35: Opposing AB 480 and Authorizing the Mayor to send in letters of Opposition - (Folsom: [email protected]).

12 Council Adoption of Resolution No. 2023-36: 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).

City Attorney clarified Item #10, typo on page 60; and gave explanation on the Lawler House.

PUBLIC COMMENTS

Donna LeBlanc commented on the restrictive covenant; past comments indicated people were interested on the 1240 property; does this mean we have to record the covenant and then reopen that process so anyone interested can make an offer on the property?

Wayne Day commented that there is a Specific Plan put in place, have to have a destination and Lawler House is the most important thing you have; maybe put a satellite library in there; what is your vision for old town?

George Guynn commented we need to have businesses that make money; don’t need to get rid of Lawler House; that it’s a historic building;

Steve Olry commented if the city wants to make this place a destination, believe there are people in this town that can make things happen.

Attorney Gerli replied to questions.

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ITEM #12
George Guynn commented it should be annulled.

ITEM #14
George Guynn commented on expenses paid for a trip to DC by the Mayor; water intrusion for $6053 cost and that city hall is apparently not being kept up like it should be.

Mayor Hernandez replied to DC trip and that expenses are reimbursed by the Sewer District.

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

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

PUBLIC HEARING NONE

GENERAL BUSINESS

15 Council Adoption of Resolution No. 2023 -37: Establishing a Citywide Beautification Advisory Committee and Approving a $5,000 Budget for the Committee - (Vue:
[email protected]).

Public Works Director Vue presented the report and power point.

Following Council discussion there was consensus on the following:
• Come to council before how money is to be spent as a consent calendar item to be added to policy for the committee
• No stipend
• Budget of 5K to be adjusted if needed mid-year
• Application process as other committees

PUBLIC COMMENTS
Donna LeBlanc commented on the fact most council members were not seated at the time the LLD’s were disbanded and suggested they go back and review past minutes as to why; report states committee will not reply on support from city employees and feels that is not reasonable; they need to have a staff person to ask questions of.

Motion by Council Member Dawson to approve Item #15 and seconded by Council Member Pal.

Motion passed by the following vote:

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

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Consensus to continue meeting past 10pm

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

Director Vue presented report. City Attorney reported on City Codes reviewed and recommended amendments to the code.

PUBLIC COMMENT
George Guynn concerned about going after residents when the homeless get a free pass.

Michelle Chavez commented about challenges on Humphrey Drive with illegal dumping; camping in their cars; look forward to a more beautiful clean city.

Discussion by council
• Opportunities with republic services
• Looking at bins
• Signage for sweeping schedule
• Fencing of vacant properties
• Explore grant opportunities for funding to do additional lighting

Attorney Gerli suggested the businesses these changes will effect should be contacted on how this might impact their ability to comply.

REPORTS: (Informational items only)

17 Non-Discussion Items.

ADJOURNMENT:

There being no further business the meeting was adjourned at 10:48pm.

___________________________
Anita Skinner, City Clerk

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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. 5 262

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

MINUTES

SPECIAL MEETING OF THE SUISUN CITY COUNCIL
TUESDAY, MAY 2, 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: 862 1024 5492
CALL IN PHONE NUMBER: (707) 438-1720

REMOTE PUBLIC COMMENT IS AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING [email protected] (PRIOR TO 4 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, Osum, 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 o ther 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 g iven 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.)

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

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City Council

1 CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to California Government Code Section 54956.8., the Suisun City Council will hold a Closed Session for the purpose of Conference with Real Property Negotiator.

Property Under Negotiation: Assessor’s Parcel Numbers 0032-020-240, located at 177 Main Street - Train Depot.

Negotiating Party: City Manager
Parties Negotiating: Mama Laine's
Under Negotiations: Terms and Payment

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.

Council entered into Closed Session at 5:03pm.

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

ADJOURNMENT
There being no further business the meeting was adjourned at 6:27pm.

__________________________
Anita Skinner, City Clerk

2 264

CITY COUNCIL CITY COUNCIL MEETING
Alma Hernandez, Mayor
Princess Washington, Mayor Pro Tem
Jenalee Dawson, Member
Marlon L Osum, 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, MAY 2, 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: 865 4075 9817
CALL IN PHONE NUMBER: (707) 438-1720

REMOTE PUBLIC COMMENT IS AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING [email protected] (PRIOR TO 4 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 – 41)
Next Suisun City Council Acting as Successor Agency Res. No. SA2023 - 03) (Next Housing Authority Res. No. HA2023 – 02)

ROLL CALL
Mayor Hernandez called the meeting to order at 6:42pm with the following Council Members present:

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

Pledge of Allegiance was led by Council Member Pal.

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.)

265
REPORTS (Informational items only.)

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

• Groundbreaking was held for the new Starbucks, expected opening 9/30. • Groundbreaking was held for new Tractor Supply Company, expected opening 10/15. • Groundbreaking for new subdivision postponed to 5/10 at 10am. • Reminders: National Free Comic Day Saturday, 5/6 and stay for the Cinco de Mayo celebration along the Waterfront.
• Tuesday, May 16th will be a Closed Session meeting and the regular Council meeting will be on Tuesday, May 23rd.

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

2 Presentation of Awards and Proclamations - (Hernandez: [email protected]). a. Presentation of Awards to Contest Winners and Certificates of Recognition for Earth Day Art Walk Poster Contest Participants

Mayor gave a brief explanation about the contest, winner selections, thanked Jay Gunkleman for his additional contribution of $500 to be distributed among top winners along with contribution from the Sierra Club. Participants were honored on Earth Day at the event.

Contest winners were: Nora Zhou, Mia Song, Elsa Zhou, Marshall Mullen, Olivia Khawaja, Julia Miller, Gracie Miller.

b. Presentation of Proclamation for National Small Business Week Mayor Hernandez read and Vice Mayor Washington presented to Laura Cole Rowe, President of BID. Ms. Rowe thanked Council.

c. Presentation of Proclamation for National Safe Boating Week Mayor Hernandez read and Council Member Dawson presented to Harbor Master Janet Holt.

d. Presentation of Proclamation for National Police Week/Peace Officers Memorial Day Mayor Hernandez read and Council Member Pal presented to members of the Suisun City Police Department.

3 Introduction and Swearing In of Suisun City Police Department Personnel - (Roth:
[email protected]).

Chief Roth introduced new Police Officer Aisha Flores and Public Safety Dispatcher Dree Ibarra and gave a brief background on each.

Clerk Skinner swore in the members of the department.

Council congratulated and welcomed them to the department.

Recess at 7:21pm for a Short Break for Celebration of New Suisun City Police Department Personnel. Reconvened at 7:35pm.

266

4 Mayoral and Councilmember Appointments of Commissions and Committees - (Hernandez:
[email protected]).

Items 4a, 4b and 4c will be carried forward as additional clarification is needed. 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. d. Approval of Appointment of Suisun City/Fairfield-Suisun Unified School District Joint Committee.

Mayor Hernandez appointed Council Member Dawson to be the member of this joint committee.

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

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

e. Approval of Appointment to the Solano Land Trust Climate Committee.

Mayor Hernandez moved to appoint Vice Mayor Washington to this committee and seconded by Council Member Osum. Motion passed by the following vote:

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

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 t he 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 plac ement on a future agenda.)

Steve Olry commented on roads; asked why city is not budgeting for roads, last meeting angry citizen who was going to sue city and rebuttal only threw gas on the fire; new budget and labor negotiations are held closed session; hope new members weigh in and speak up.

Joe spoke on the upcoming Cinco de Mayo Celebration this Saturday, May 6th from 10am-4pm. and reminded residents this Asian, American Pacific Islander month.

George Guynn concerned about budget, spending, management salaries, roads and infrastructure; auditors need to change.

James Berg great to see all the kids awards today; not seeing council representation in negotiations, papers being signed by people that don’t live in the city; time to make changes to staff that is too top heavy; Earth Day participation was amazing, thanks for the meeting with the finance department, agrees we need to change auditors, current auditors are going on 9 years.

267

Eric Vera, Vice President of POA, spoke on the departure of Jeremy Snyder to Contra Costa County, his accomplishments with the department and thanked him for his dedication and service.

Donna LeBlanc hopes everyone comes out to the car show, rain or shine; very happy the RPMA has received a grant to start the Police Activities League.

Lito Santos spoke on the coming fire season and concerns about the Railroad and Sunset Avenue homeless encampments

City Attorney Gerli spoke on the Pickering property, and a nuisance notice has been served.

City Manager stated staff does the negotiations as the table, brings proposals to Council and gives direction to negotiating staff on how to proceed forward. Council always has the decision making.

Mayor Hernandez stated negotiations are done in closed session as they are personnel matters.

COUNCIL COMMENTS

5 Council/Board Member Updates.

Council Member Dawson thanked staff for the work they put in on obtaining the PAL grant. CAP Solano strategic planning meetings over the past couple of weeks.

Council Member Pal attended the Art Walk and Rotary event downtown; important to have conversations with property owners and he spoke with neighbors surrounding property in question, we do care and are listening; spoke with resident who wanted speed bumps; always available and open to conversation.

Council Member Osum over past weeks have talked with local businesses, residents, “sidewalk breakfast committee”, consolidating information and how to solve the issues; website is up and will now be able to respond more quickly; please continue to communicate with us.

Vice Mayor Washington commented city is growing; recent groundbreakings, Rotary event was quite successful; took a tour at S&H Mechanical today, great commodities in our city; sat with the Finance Department today; stay focus on the common goal the city wants to accomplish; kick off Asian/American/Pacific Islander event with Council Member Pal; thank you for the work of council, staff, and residents.

Mayor Hernandez feels honored to sit along side the other members, it is challenging work, volunteers in the community and always asks “what would you like to see improved; what would you like to see in Suisun City” and the responses vary greatly depending on the area they live in; thanked Public Works for the work they do with the tools they have and all of our staff members for their commitment to the city.

Homelessness Regional Board is working on regional strategy; Homeless Forum that took place have received and answered questions, rough draft video has been received and distributed to staff and future dates in July and October; save the date for State of the City to be held May 30th.

Climate and Environment Committee received a presentation from Greenbelt Alliance and will be working with the city on grants.; connected with someone who is working on obtaining 501c3 non-profit to work with homeless; Working with President of Solano Community College on a fellowship program.

268

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

City Council

6 Council Adoption of Resolution No. 2023 -41 Amending the Job Classification of Police Officer Trainee and Authorizing the Police Officer Trainee Program, Compensation, and Benefits - (Penland: [email protected]).

7 Council Adoption of Resolution No. 2023 -42 - Approving a Second Amendment to the Memorandum of Understanding (MOU) Between the City of Suisun City and the Suisun City Police Officers’ Association Effective July 1, 2021, through June 30, 2023, to Amend MOU Provisions Pertaining to Compensation - (Penland: [email protected]).

8 Council Adoption of Resolution No. 2023 -43 Approving a First Amendment to the Memorandum of Understanding (MOU) Between the City of Suisun City and the Suisun City Firefighters’ Association Effective July 1, 2022, through June 30, 2023, to Amend MOU Provisions Pertaining to Compensation - (Penland: [email protected]).

9 Council Adoption of Resolution No. 2023-44 - Amending and Restating the Schedule of Benefits for Unrepresented Employees - (Penland: [email protected]).

10 Council Adoption of Resolution No. 2023 -45 Amending the Citywide Salary Schedule to Implement the Second Amendment to the Suisun City Police Officers’ Association (SCPOA) MOU 2021-23, the First Amendment to the Suisun City Professional Firefighters’ Association (SCPFA) MOU 2022 -23, and the Amended and Restated Schedule of Benefits for Unrepresented Employees - (Penland: [email protected]).

11 Council Adoption of Council Resolution No. 2023-46: Amending the City of Suisun City Special Event Permit Application - (Lofthus: [email protected]).

12 Council Adoption of Resol ution No. 2023 -47: Authorizing the City Manager to enter into a contract with Fairfield Suisun Unified School District to Provide Extended Learning Time Programming - (Lofthus: [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 April 4, 2023, April 5, 2023, April 18, 2023 and April 25, 2023 – (Skinner:
[email protected]).

Council Member Dawson pulled Item 11and Mayor Hernandez pulled Item 6.

ITEM #7
Steve Olry asked if the Council has ever considered hiring a skilled labor negotiator; it would be money well spent.

Mayor Hernandez stated there was a labor attorney separate from city attorney.

269
ITEMS 7,8,9
Donna LeBlanc asked if the new premium pay based on ARPA be part of the individual department’s budgets? If there is previous ARPA funds not spent will those funds go into the General Fund? Are these funds no pensionable? How long do the MOU’s run?

Mayor Hernandez and City Manager Folsom responded to questions.

Motion by Council Member Dawson to approved Consent Calendar Items 7,8,9,10,12,13 and seconded by Vice Mayor Washington. Motion passed by the following vote:

AYES: Dawson, Hernandez, Osum, Pal, Washington
NOES: None
ABSENT: None
ITEM 6
Mayor Hernandez had clarifying questions on Page 6 of staff report, second paragraph (read) stated that was fine; page 12 under identifying characteristics, second paragraph, second sentence (read) asked do they just return to previous full-time position?

Christina Penland, Human Resources Manager responded.

Council Member Pal, page 13, commented about additional age and US citizen requirements.

Chief Roth responded.

Donna LeBlanc asked if current employee decide to do a leave of absence what pay level do they receive; cost of tuition and fees may be available prior to their enrollment in the academy and under what circumstances would it become available or not available due to budget?

Ms. Penland responded.

Motion by Mayor Hernandez to approve Item 6 with striking out first paragraph on top of page 14 regarding age and seconded by Council Member Dawson. Motion passed by the following vote:

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

ITEM 11
Council Member Dawson asked to have the item be reviewed further and take it back to RPMA Commission regarding the amplified sound on page 81.

After Council discussion there was consensus for further review and to re-agendize the item.

PUBLIC HEARING

City Council

14 Public Hearing and Other Proceedings Related to Annexation No. 15 to Community Facilities District No. 2 (Municipal Services), for the Lawler Mixed -Use Project: - (Vue:
[email protected]).

270
a. Council Adoption of Resolution No. 2023-48: Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors; and
b. Council Adoption of Resolution No. 2023-49: Declaring Results of Special Annexation Election, Determining Validity of Prior Proce edings, and Directing Recording of Amended Notice of Special Tax Lien; and
c. Council Introduction and Waive Reading of Ordinance No. 799: An Ordinance of the City Council of the City of Suisun City Levying Special Tax Within City of Suisun City Community Facilities District No. 2 (Municipal Services), Including Certain Annexation Territory.

Director Vue presented staff report and presentation.

Mayor Hernandez opened the Public Hearing.

Steve Olry asked for clarification if these taxes were for specific uses.

Michael Zeiss asked for better understanding on what uses are allowed for Mello Roos; how much money actually comes in from this many units.

Donna LeBlanc asked about the different land use categories; does it fall under live/work or non- residential; what is current rate per square foot.

Director Vue responded
City Manager Folsom commented the project is apartments and two restaurants.

There being no further comments Mayor Hernandez closed the Public Hearing.

Short recess to locate ballots.

Clerk Skinner opened and read ballot results which were both Yes.

Vice Mayor Washington moved to approve Item 14 and seconded by Council Member Osum.

Motion passed by the following vote:

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

15 Public Hearing and Other Proceedings Related to Annexation No. 16 to Community Facilities District No. 2 (Municipal Services), for the Marina Village Apartments Project: - (Vue:
[email protected]).

a. Council Adoption of Resolution No. 2023-50: Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors; and
b. Council Adoption of Resolution No. 2023-51: Declaring Results of Special Annexation Election, Determining Valid ity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien; and

271
c. Council Introduction and Waive Reading of Ordinance No. 800: An Ordinance of the City Council of the City of Suisun City Levying Special Tax Within City of Suisun City Community Facilities District No. 2 (Municipal Services), Including Certain Annexation Territory.

Director Vue gave the staff report and presentation.

Mayor Hernandez opened the Public Hearing.

Donna LeBlanc asked what is the current rate? And what type of revenue will we be receiving from it?

Michael Zeiss suggested consider amending Ord 684 to expand uses to include roadways, then consider creating new CFD’s instead of using existing again and again.

Director Vue responded.

Attorney Gerli stated she was not familiar with CFD’s and could research but ordinances can be amended, but not sure if it can be done after the fact.

City Manager Folsom stated new CFD’s can be created but must show nexus.

Attorney Gerli stated a study must be done.

There being no further comments Mayor Hernandez closed the Public Hearing.

Clerk Skinner read ballot results which were both Yes.

Council Member Dawson moved to approve Item 15 and seconded by Vice Mayor Washington. Motion passed by the following vote:

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

Mayor Hernandez stated that as n oted in the staff report Item 16 will be continued to May 23.

Mayor Hernandez opened the Public Hearing . There being no comments Mayor Hernandez continued the item to May 23rd.

Deputy City Manager Lofthus stated it would be c ontinued to June 20th, and not May 23rd.

16 Council Introduction and Waive Reading of Ordinance No. ___: An Ordinance of the City Council of the City of Suisun City Repealing and Replacing Chapter 12.12 (Park and Recreation Facilities) of Title 12 (Streets, Sidewalks and Public Places of the Suisun City Municipal Code - (Continue Public Hearing to May 23, 2023) - (Lofthus:
[email protected]).

272

GENERAL BUSINESS NONE

REPORTS: (Informational items only)

17 Non-Discussion Items.

ADJOURNMENT

There being no further business the meeting was adjourned at 9:30pm.

_____________________________
Anita Skinner, City Clerk
273

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

MINUTES

SPECIAL MEETING OF THE SUISUN CITY COUNCIL
TUESDAY, MAY 9, 2023
5:00 PM
Suisun City Council Chambers - 701 Civic Center Boulevard - Suisun City, California .

NOTICE
Pursuant to Government Code Section 54953(b) the following City Council meeting includes teleconference participation by:

Councilmember Amit Pal from: 13021 Leffingwell Rd., Sante Fe Springs, CA 90670

CITY COUNCIL MEETINGS ARE HELD IN-PERSON

PUBLIC PARTICIPATION IS ALSO AVAILABLE VIA ZOOM
ZOOM MEETING INFORMATION:

WEBSITE: https://zoom.us/join
MEETING ID: 834 9024 9601
CALL IN PHONE NUMBER: (707) 438-1720

REMOTE PUBLIC COMMENT IS AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING [email protected] (PRIOR TO 4 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 unmu te/mute for public comment.)

ROLL CALL
Mayor Hernandez called the meeting to order at 5:01 pm with the following Council Members present:

PRESENT: Dawson, Hernandez, Osum, 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 item posted on this agen da 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.) 1 274

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

1 CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency negotiator: City Manager

Employee organizations:

Council entered into closed session at 5:02pm.

CONVENE OPEN SESSION
There were no announcements.

ADJOURNMENT
There being no further business the meeting was adjourned at 10:17pm.

________________________________
Anita Skinner, City Clerk

2 275

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276
AGENDA ITEM NO. 23

AGENDA TRANSMITTAL

MEETING DATE:

May 23, 2023

CITY AGENDA ITEM:

Council Approval of Staff recommendation to approve the Suisun City Transportation Development Act (TDA) Claim amount of $1.5 million for FY 2023-24 which includes Suisun Microtransit, Maintenance of the Train Depot, Solano Transportation Authority (STA) Loan Repayment, Planning, Solano Express and Capital Replacement.

FISCAL IMPACT:

Transportation Development Act Funds (TDA) are dedicated funds for transit related services. Claiming $1.5 million for transit services has no fiscal impact on the General Fund.

STRATEGIC PLAN:

Provide Good Governance, Ensure Public Safety, and Enhance the Environment.

BACKGROUND:

On August 16, 2023, the Suisun City Council Approved partnering with Solano Transportation Authority (STA) for Microtransit Services.

STAFF REPORT:

The Suisun Microtransit program launched on January 3, 2023, and consists of dial- a-ride service available within Suisun City limits, and nine select locations within the City of Fairfield, as well as one fixed route known as the School Tripper.

Based upon the information provided in the Community Based Transportation Plan, City and STA staff recommended a Suisun City Microtransit system of roughly 4,080 annual vehicle revenue hours. The majority of these hours, 3,000, have been dedicated for dial-a-ride, while 1,080 hours have been dedicated for the fixed route service known as the School Tripper, which operates based on the School Schedule. Staff anticipated partnering with Uber Technologies as Uber just demonstrated a pilot with the City of Rio Vista which implemented a mobile feature that allows their patrons to request, pay, and track their ride all from their smartphone. However, the potential to partner with Uber has ceased as Uber is no longer partnering with transit agencies. STA staff generated a Request for Quotations, which was released on May 19, 2023, and hopes to have another technological firm in place by Fall 2023.

Since its inception, the Suisun Microtransit program has been popular and has provided 4,490 passenger trips between the months of January and April 2023. The ridership information based on mode can be found in Attachment A. As shown in the monthly ridership, the service remains relatively successful, despite the Suisun Microtransit staffing and vehicle challenges. When starting the service, staff partnered with SolTrans who donated 3, sixteen-seat cutaway buses that were well past their useful life benchmark. Since receiving the vehicles, staff and the contractor have repaired and painted the vehicles, but despite these improvements, the vehicles are deteriorating quickly. Until new buses are received, staff is partnering with the City of Vacaville to obtain two 13-seat cutaway buses to use in the interim.

Given the fleet status, staff is recommending to replace two of the three buses, as well as increasing the seating capacity from sixteen to twenty, as the fixed route School Tripper has at times experienced capacity issues. The quote received from the California Cooperative Purchasing Agreement can be found as Attachment B.

As far as staffing, STA staff and the contractor realized it would be challenging to recruit drivers given 277
the current labor market and had the foresight to start bus operators at top pay for Solano County.

Despite having a competitive pay scale, Suisun Microtransit has had its fair share of staffing challenges. Given the labor shortage facing the transportation industry, staff is proposing to operate the School Tripper year round to provide staffing continuity. This modification would increase the School Tripper annual revenue hours from 1,080 to 1,500 at an additional cost of $65,000. The proposed operating increase is within the Fiscal Year (FY) 2023-24 operating budget.

TDA funds pay for the Suisun City Microtransit, as well as the mobility programs available within the City of Suisun City. TDA funding in the amount of $585,00 is proposed to continue these programs, which includes the additional School Tripper hours for Suisun Microtransit. Suisun City residents are also served by Solano Express, a regional express bus service that services Sacramento to San Francisco, with destinations in between and Suisun City’s share of cost is $188,536. Additionally, Suisun City contributes to Solano Transportation Authority for Countywide planning efforts in the amount of $50,029. TDA funds are also used within Suisun City to pay for a train depot maintenance worker, as well as oversight of transit service. An amount of $250,000 in TDA funds will be used to repay STA for the Suisun City Mobility Hub loan, which will leave one remaining payment in FY 2024-

25. The budget also includes $310,000 for bus replacement as well as $250,000 for capital reserves ($250,000 for reserves is not included in FY 2023-24 TDA Claim), which was requested by the Suisun City Council. In all, the TDA claim in the amount of $1,543,565 is being requested from the Metropolitan Transportation Commission through STA.

STAFF RECOMMENDATION:

It is recommended that the City Council approve the Suisun City TDA Claim amount of $1.5 million for FY 2023-24 and set aside $250,000 for Capital Reserves.

DOCUMENTS ATTACHED:
1 .

Monthly Ridership for the Suisun Microtransit Program
2 .

Bus Quote
3 .

TDA Budget for FY 2023-24
4 .

PowerPoint Presentation

PREPARED BY:

Brandon Thomson, Transit Mobility Coordinator
REVIEWED BY:

Greg Folsom, City Manager
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:
1 Monthly Ridership for the Suisun Microtransit Program.pdf 2 Bus Quote.pdf
3 TDA Budget for FY 2023-24.pdf
4 PowerPoint Presentation.pdf
278
Month Fixed Route Dial ‐a‐Ride Total
January‐23 652 284 936
February‐23 822 304 1126
March‐23 1135 314 1449
April‐23 787 192 979
Total 3396 1094 4490
Suisun Microtransit
Monthly Ridership for the Suisun Microtransit Program
279
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1 $1,140.00 $1,140.00
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.
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PurchasingofvehiclesrequiresaCALACTmembership,letterofassignment,andpaymentofprocurementfee.Ifyouhaveany questions,pleasecontactCALACTdirectat916Ͳ920Ͳ8018 12ͲUSSCG2EDriversSeat(Ifnotstandard)
StarcraftBusͲClassCͲ(FordE450)
2Ͳ34"Ͳ36"FreedmanFlipSeat(featherweight)
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BrandonThompson
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280
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1 Floor Track Will Not Be Installed in Any Area not Covered by a Fixed Seat Operations Manual - Covering Conversion Features as Listed

SEE BOTTOM OF ORDER FOR WARRANTY
Headlight Aiming Certificate - Ship with Bus
Water Test Certificate - Ship with Bus
Driveline Metal Guards for Each Section of Shaft
All Harnesses Secured to Frame at Maximum of 24"
Upgrade Driver Plexi Barrier: Extend to Within 6" of Ceiling 14 Gauge Galvanized Steel Wheelwells
Dual Handles on WC Lift Doors
304SS Required for Entry Grabs and Ceiling Grabs
Ceiling Grab Rails Require Formed Elbows - No End Caps
AC & Heater Hoses Supported Every 24" Minimum
Build Front Driver Storage Compartment as Large as Possible, For Storage of Install Toolbox Next to Lift if Space Allow
s
Convex Mirror Must Avoid Sun Visor and Overhead Door
Stainless Steel Battery Hold-Down Hardware
Install Battery Cable Wiring Diagram Inside Battery Access Door Interlock on Entry Door - Must Be in Park to Operate
Ground to First Step Height Shall Not Exceed 12.5" Unloaded P-Clamps Added as Deemed Necessary by MBTA Inspector
Batteries Must Be Same Type (No Mismatch) (1 In Tray - 1 Underhood) Continuous Run Battery Cables
Slide Blocks To Hold Batteries In Place
Parts Book, Operating Instructions, Troubleshooting Guide, Inspection & Ship 4-Corner Weight Sheet with Every Vehicle
Driver Entry Grab Steel Reinforced Plastic - Nutsert Install Dealer to Perform 4-Wheel Alignment in California
Decal: Battery Disconnect, Emergency Use Only

KEYED LOCK ILO THUMB LATCH FOR ELECTRICAL CENTER DOOR
5/8", 7 Ply AC Marine Grade APA Plywood Floor
Dealer to Weigh Each Bus on California Certified Scale
Decal: "Heater Shut Off Valve" - Install On Street Side Near Valves Wiring Harnesses Supported Every 24" Maximum
(3) GROUND WIRES TO BE ZERO OUGHT GAUGE, TO BE CONTINUOUS

SPECIAL BUILD OPTIONS
Flame Block on Bottom of Driver Seat Cushion (N/A on USSC & Recaro) Laminated Modesty Panel, Grey Melamine, Each
Intermotive Break Out Box

GENERIC PARTS MANUAL ON FLASH DRIVE
Fast Idle: 1500 RPM on Gas - Fast Idle to Engage if Voltage Drops Below 12.5 ENTRY DOOR HEADER ACCESS PANEL DOOR MUST BE HINGED WITH 2 Intermotive Flex Tech Electrical System
No Butt Connectors Allowed
Undercoat Metal Skirts

SPECIAL INSTRUCTIONS OR NOTES
Use 250 lbs Per Wheelchair Position
No Tow Vehicle Allowed During Delivery
Hip-To-Knee Spacing 27" Minimum
Parts Manual with As-built Electrical Schematics
If Driver Switch Panel is on Engine Cover, Then a Quick Disconnect is Required All Excessories Except Lights, WC Lift & Mobile Radio (If Equipped) Are Ignition Add 2nd Heater Line Brass 1/4 Turn Valve
Battery Tray: SS Tray & Slides Per Standard Options Below. Must Extend at

SIDEWALL / REARWALL / CEILING
Install Dome Light With Every Row of Seats, Including WC Position, Must Seat Track Not Extend More than 6" Past Seats
Ground Engine to Chassis Frame, Body to Chassis Frame, Lift Pump Housing to

ELECTRICAL SYSTEM

%XVSKRWRLVQRWWRH[DFWVSHFLILFDWLRQV
Class C Standard Build Options
281
05 STD 1
05 STD 1
05 STD 1
05 2289 1
05 2238 1
1 Altro Meta Storm 05 2248 1
05 8820 3
1 05 2340 1
05 2623 1
05 2825 1
05 2670 1
05 8606 1
1 1
ST 99 1
ST 99 1
1 05 8044 1
1 05 20090 1
1 Stainless Batt.Tray w/Std Batt.Box IS 304 REQUIRED? YES 05 2784 1 05 2869 1
05 8790 1
05 22101 1
STD 1
1 05 STD 1
05 20136 1
05 20138 1
05 20139 1
1 05 8041 2
1 05 8830 1
1 1
05 20163 1
05 2063 1
05 8133 1
05 20187 1
NOTE 1
1 05 8769 1
1 05 20192 1
1 05 20206 1
IS THE LIFT IN THE FRONT OR REAR OF THE UNIT? 1
1 05 8744 1
1 05 99 1
1 05 8826 2
Yellow Step Nosing - Per Step
Heavy Duty Anti-Slip Aluminum Running Board on Driver Side (Large) (NOT

AVAILABLE ON FORD TRANSIT)
Exterior Mirror Set Remote/Heated w/External LED Strip Turn Signal Ford Valve Stem Extender Inner Dual Rear Wheel, pair
Braun Century NCL917-2 800# Lift (33"x51")
Q10007 - 4 QRT 360 Retractr Tie Down L track & Q8-6326-A1 Comb-Lap/Shldr Double W/C Doors w/ Windows, LED Interior Light, Leaf Spring, LED Exterior Lighting Jensen JHD36AB AM/FM/CD/Clock Blue Tooth/USB Enabled / 4 SPEAKERS PA Ready

LUGGAGE RACK / STORAGE

AUDIO / VISUAL
LED Mid-Ship Turn / Marker Lights
Front Mud Flap (1), Passenger Side Only (to be used with Running Board) - NOT

AVAILABLE ON FORD TRANSIT
USE #16 SUCTION HOSE IN A/C SYSTEM
Q Straint W.C. Securement Kits, Accessories

BRAUN LIFTS
LIFT FAST IDLE WITH 403 INTERLOCK
Intermotive Gateway 508-F Ford E or 517-F Transit Fast Idle with Lift Interlock Driver Storage in Cab Overhead with Lock
Solid Window(s) EACH Replace T-Slide(s) Enter Specific Instructions in Row Below Surface Mount LED Entry Door Exterior Light - STD Choose Optional Below or Special builds Passenger Door Electric (standard)
Laminated Wiring Schematic ***AS BUILT*** ON ELECTRICAL PANEL DOOR Stainless Steel Battery Tray Slides ILO Zinc Plated Slides - Extra Charge

ELECTRICAL
Electric Entry Door is Standard. Add Option #2056 if Manual is Desired Passenger Door 36" ROUGH OPENING (STANDARD)

INTERIOR LIGHTS

EXTERIOR LIGHTS
LED Rear Center Mount Brake Light, Rectangular
Additional Interior LED Dome Lamp - Each

MISCELLANEOUS
TRANS AIR TA733 SUPER 75,000 BTU, TA73 EVAP, SMC3L COND, 13 CID COMP

7.3L GAS
Silicone Heater Hose (for rear unit) w/full ring clamps

HEATERS
Romeo Rim Rear Bumper w/HawkEye RAS Installed

ENVIRONMENTAL CONTROL

STREET SIDE REAR
Sidewall: Grey FRP
FRP on Ceiling, Grey

FLOORING - WHITE NOSING IS STANDARD

CHASSIS

TRANS/AIR AIR CONDITIONING SYSTEMS
Rearwall: Grey Seaspray Fabric
Driver Area: Grey Padded Vinyl
Hot Water Heater, 35K BTU 3 Speed Low Profile
Cove Colored Flooring on Sidewall to Seat Track
Rotary Disconnect Switch
Wiring Diagram "AS BUILT" ON USB Flash Drive

PARATRANSIT OPTIONS

INTERIOR
Independent RED Brake & AMBER Turn Signal Lights
Exterior Passenger Entrance Door Key

DOORS / HATCH / WINDOWS
Driver Coat Hook
282
05 20250 8
05 20251 1
05 8179 1
1 05 8104 1
05 20257 1
1 05 8089 1
05 8090 1
05 20264 1
05 8091 1
05 2880 1
05 STD 1
05 20276 1
05 8155 3
05 8802 1
1 05 99 1
STD 1
05 8130 1
STD 1
1 05 99 1
1 05 2043 1
1 1
05 8067 8
1 05 2074 16
1 Anti-Vandal Grab Handle, Black Ea on: 05 2311 16
Black US Armrest - Each - on: 05 2077 8
05 2884 16
1 05 2282 16
05 8771 2
Miscellaneous Accessories
Red Light Over Emergency Exit Ea: ON:

ALL SEAT EXCEPT AGINST REAR WALL
Priority Seating Sign **Required for ADA Compliance**

SEAT OPTIONS

PASSENGER SEAT FABRICS
Mid High Double Seat

SEATING - PASSENGER

STD RIGID SEATS
SHIELD Sport 2.0 Recliner RH Adjustable LeMans Arm, 2 Way Adjustable Lumbar Yellow "Standee" Line
Left Hand Entry Vertical Grab Rail - 1 1/4"
1 1/4" Dual Entry Grab Rails Parallel to Entrance Steps (both sides)

SEATING - DRIVER
Emergency Triangle Kit
Back-Up Alarm SAE Type B 107 db(A) Ecco 575
Interior Convex Mirror 6"x9"
Driver Seat Cover - Level 4 Ice Pinstripe; Mor-Care; Leathermate

FREEDMAN SHIELD DRIVER SEAT FABRICS
Body Fluid Kit
Seat Belt Extension, 12" (P/N 56410) FOR USR SEAT BELTS Seat Cover - Level 4 Ice Pinstripe; Mor-Care; Leathermate Seat Belt, Freedman USR Retractable (Per Person)

SEAT BELTS
Flame Block Material on Underside of Seat (each)
Ceiling Grab Rail - Install on Both Sides
5 Lb Fire Extinguisher

GRAB RAIL / STANCHION / PANELS
Stanchion and Modesty Panel at Entry Door

SIDE & REAR EGRESS WINDOWS
STANDARD ROSCO STSK4750 BACK-UP CAMERA SYSTEM W/ 7" REARVIEW

MONITOR / MIRROR COMBO
Q5-7580-4 18" Blue Webbing Loop (each)
Q5-6327 84" Postural Belt with Padding - Black Webbing
16 Unit First Aid Kit
Q-Straint Belt Cutter (ship loose)

SAFETY OPTIONS
Tool Box Wheelchair Belt Storage
283
(Provide complete warranty information and parchment with proposal) Warranty Miles Years Warranty Details
BodyStructure 100,000 5 SeeattachedWarrantyInfo
Chassis 36,000 3 SeeattachedWarrantyInfo
Engine 60,000 5 SeeattachedWarrantyInfo
Transmission 60,000 5 SeeattachedWarrantyInfo
Airconditioner Unlimited 2 SeeattachedWarrantyInfo
Lift/Ramp Unlimited 5 SeeattachedWarrantyInfo
EVBattery N/A N/A N/A
EVConversion/Installation N/A N/A N/A
CNGWarranty N/A N/A N/A
(Installandtanks)

SUMMARY OF STANDARD WARRANTIES
284
Suisun City TDA Funds FY 2022‐23 TDA Funds FY 2023‐24
MTC February 2023 estimate 1,581,740$ 1,643,640$
Plus Carry over 1,472,931$ 1,329,909$
Available for allocation per MTC 3,054,671$ 2,973,549$ These amounts include claims after 1/31/23
including swaps claimed by others (505,412)$ (770,000)$ Total Available to Claim 2,549,259$ 2,203,549$
Local Transit Service
Paratransit ‐$ ‐$
Local Taxi Scrip ‐$ ‐$
Intercity Taxi card (PEX) 6,343$ 10,000$
Fix Route Transit Service and Microtransit 500,000$ 550,000$ First/Last Mile 20,000$ 25,000$
Total 526,343$ 585,000$
SolanoExpress
Estimate for Blue, Green, and Red Lines
(Claimed by SolTrans) 134,087$ 188,536$ Potentially could be claimed from Fairfield/Suisun FTA 5307 Total 134,087$ 188,536$
Other
items
STA Planning* Claimed by STA 50,029$ 50,029$
Train Depot includes (50K + 80K+ 30K = $160,000)
for Maintenance Worker and Management 160,000$ 160,000$ Mobility Hub Parking Lot joint project with STA 250,000$ 250,000$ 3rd payment for Suisun Mobility Hub Reserve for Micro transit Capital/Operations 200,000$ 310,000$ Bus Capital for Microtransit plus $140,000 from FY 2022‐23 Other Capital Reserve 250,000$ 250,000$ Pursuant to City Council Direction Total 910,029$ 1,020,029$
Total TDA for FY 2022‐23 1,570,459$ 1,793,565$ 1,543,565$ FY 2023‐24 TDA Matrix Claim TDA Remaining Balance 978,800$ 409,984$ 750,000$ Transit Capital Reserve TDA Budget for FY 2023-24
285
1 Microtransit Update and TDA
Budget
May 23, 2023
Suisun City Council
Summary of
Transit
Services
1 2
286
2 Effective November 8, 2021
• Geofence Suisun City boundaries
along with 4 surrounding hospitals &
clinics
• Sutter Health
• NorthBay Hospital
• Kaiser Clinic in Fairfield
• Ole Health Clinic
Route 5 &
6 Cost1-Way Ride
$1.75$2.00/per
ride
Within Suisun City
$1.50/per
ride
Within Suisun City
(verified low-
income)
$3.00/per
ride
Suisun City to/from 4
hos
pital/clinics
Lyft First and Last Mile Program

APPROVED FARE STRUCTURE

EXISTING SERVICES
4  Solano Older Adults Medical Trips Concierge Services (GoGo)  Rides Taken (since April 2019): 2,097
Solano Mobility Programs Serving Suisun City
 Suisun City Taxi Card Program*
 Rides Taken: 874
 First/Last Mile Program**
 Rides Taken (combined origin/destination): 2,237
* Began in January 2022
** Began in November 2021
 Suisun City $1.50/$2/$3 Lyft Ride Program**
 Rides Taken: 3,046
3 4
287
3 Fairfield Locations
Fairfield Transportation Center
David Grant Medical Facility
Solano County Government Center
Sutter Medical Campus
North Bay Medical Center
Kaiser Medical Offices
Ole Health Clinic
DaVita Dialysis
Health and Human & Health and Social
Services
5 6
288
4 School Tripper
 Staff proposes to operate this
service year around to enhance
mobility options for Suisun City
residents during the summer
months.
 Provides staffing continuity
January’s through April
2023 Ridership
 4,490 passenger trips taken.
 3,396 passengers in the School Tripper
 1,094 passenger trips on the dial-a-
ride
936
1126
1449
979
0 200
400
600
800
1000
1200
1400
1600
January-23 February-23 March-23 April-23
Ridership
7 8
289
5 Suisun City Microtransit
Vehicles
• 3 vehicles were provided, 2 additional vehicles coming from Vacaville • Order 3 new buses once TDA Claim is approved for FY 2023-24 9 10
290
6 Proposed Budget
for FY 2023-24
 Continue Suisun Microtransit
program and expand year round
fixed route “School
Tripper”
serv
ice.
 Procure three 20 seat cutaway
buses
 Third of fourth loan payment for
the Suisun
Mobility Hub
 Train station maintenance worker
 Continue mobility options such as
First Last Mile and Ta
xi Card
Pr
ogram.

Questions?
Brandon Thomson
[email protected]
707-399-3234
11 12
291

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292
AGENDA ITEM NO. 24

AGENDA TRANSMITTAL

MEETING DATE:

May 23, 2023

CITY AGENDA ITEM:

Discussion and direction to Staff regarding revisions and updates to the City Council Norms & Procedures, and relevant policies and municipal code sections.

FISCAL IMPACT:

None

STRATEGIC PLAN:

Ensure Good Governance.

BACKGROUND:

In July of 2019, the City Council adopted its Norms & Procedures, which have since been amended three times. The Norms themselves require that the City Council review them annually “to assist Council Members in being more productive in management of the business of the City.”

The City Council has directed, once a full new Council would be seated following the November 2022 election and the subsequent appointments, that the Norms & Procedures should be revised and updated to include certain provisions that are typically included, and so as to make them easier to navigate by, for example, consolidating certain sections and removed duplicate or unnecessary provisions.

STAFF REPORT:

The City Manager and City Attorney have reviewed the current Norms & Procedures and provide the following recommendations regarding updates to the rules. The Council is being requested to consider these and any other changes, and provide direction at this time. The City Attorney’s Office will return in short order with a track changes draft for Council’s further consideration.

1. Language clean-up.
a
.

Remove provisions that are redundant.
b
.

Clarify provisions as needed.
c
.

Correct typographical errors.
d
.

Change references to Mayor Pro Tem to Vice Mayor (consistent with language in other local jurisdictions which use the term Vice Mayor).

2. Reorder and consolidate: some sections can be consolidated, for example the sections on decorum by Council, speakers, and the public, and provisions relating disruptive conduct can be consolidated. All the sections that relate to meetings and procedures for public meetings should be consolidated or close together.

3. Censure. The Norms lack censure provisions. This is a process that is typically included in council rules of procedure. The Council has limited ability to penalize a member who is violating the rules and policies of the City, or any other law, but without these rules Council has no ability to take action.

Censure procedures include due process for the councilmember who may be subject to the censure.

4. Code of ethics. The Norms have some provisions that are typically found in codes of ethics, but the City does not have an explicit code. The code of ethics can be adopted as a policy by resolution, or can be incorporated into the municipal code.
293

5. Social media policy. The Norms address the use of social media, but the provisions should be expanded and clarified, and moved to a separate policy that applies to not just the Council, but also to City officials and employees.

6. City Attorney responsibilities. Add a section that broadly articulates the City Attorney’s role.

7. Mayor vacancy. The Norms (and the Municipal Code) only address council vacancies. Reference in the Norms and the Code should be made to the process to fill a mayor vacancy, which is governed by its own Government Code section.

8. Meeting dates. Does the Council wish to continue having most of its meetings on the first and third Tuesday of the month, or move the meetings to the second and fourth Tuesday? Or to any other day of the week? Currently, the Norms and the Municipal Code provide for the first and third Tuesday, but that any Tuesday meeting is a regular meeting. The Planning Commission bylaws state that meetings occur on the second and fourth Tuesday. A change in meeting dates also would trigger amendments to the Code and the Planning Commission bylaws.

9. Public comment. The Norms provide that comments shall be for a maximum of 3 minutes, and the Mayor may shorten the time depending on the number of speakers. Council could change the amount of time for comments, for example limit all comments to 2 minutes, or 3 minutes for public hearings and 2 minutes for other items. The council can also limit the amount of time that public comment can be taken at the top of the meeting, with the remainder to be completed at the end. Note that no matter how late the meeting runs, if public comment isn’t completed in the time allotted, time must be made at the end of the meeting.

10. Council responsibility. Add a section addressing the Council’s role for quasi-judicial proceedings.

11. Remote participation. Add reference to Government Code 54953.

12. Conduct that disrupts meetings. Add reference to Government Code 54957.95.

13. Required trainings.
a
.

The Norms require that Council Members, Commissioners, and Committee members received AB 1234 and sexual harassment prevention training every two years. Does the City Council want to add penalties, following notice and a reasonable period of time to comply, for those who do not complete timely training, such as removal from committees or commissions?
b
.

Does the Council wish to add any other trainings, such as unconscious bias, housing laws, municipal finance?

14. Commissions and committee appointments. Currently, only persons who live within the City can be appointed. Does Council want to add an exception for committees where it would be in the best interest of the city to have representation by persons who don’t live in the City but who represent organizations whose input and participation would benefit the City.

15. Requirement that Council set the schedule of meetings for the year. This section is likely unnecessary, the meetings occur on set meeting days, there is no need to set an annual meeting schedule. Recommendation is to remove this rule.

294

16. Meetings.
a
.

Add provisions re emergency meetings.
b
.

Add a section re conduct of public hearings.

17. Written public comments. City Clerk suggests a cut-off of 2 hours prior to the meeting.

STAFF RECOMMENDATION:

It is recommended that the City Council review the existing Norms & Procedures and provide direction to the City Manager and City Attorney regarding the above provisions and any necessary changes to the Municipal Code and other City procedures, as well as any other direction the Council deems appropriate.

DOCUMENTS ATTACHED:
1 .

City Council Norms and Procedures 2023 Revisions
2 .

City Council Norms and Procedures PowerPoint Presentation

PREPARED BY:

Elena Gerli, City Attorney
REVIEWED BY:

Greg Folsom, City Manager
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:
1 City Council Norms and Procedures 2023 revisions.pdf
2 City Council Norms and Procedures PowerPoint Presentation.pdf 295

01107.0001/876717.1

COUNCIL
Norms & Procedures
SUISUN CITY COUNCIL:

Mayor Alma Hernandez
Mayor Pro TemVice Mayor Princess Washington
CouncilmemberCouncil Member Jenalee Dawson
CouncilmemberCouncil Member Amit Pal
CouncilmemberCouncil Member Marlon Osum

ORIGINAL ADOPTION:

July 30, 2019

AMENDED:

FEBRUARY 18, 2020
FEBRUARY 15, 2022
JULY 19, 2022
__________, 2023

296

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1 Suisun City Council Norms & Procedures

SUISUN CITY COUNCIL NORMS & PROCEDURES
Table of Contents
Section 1. GENERAL....................................................................................................................................... 5

1.1 Purpose. ........................................................................................................................................ 5

1.2 Code of Conduct............................................................................................................................ 5

1.3 Decorum. ....................................................................................................................................... 5

1.4 Overview of Council responsibilities. ............................................................................................ 5

1.5 Overview of City Manager responsibilities. .................................................................................. 7

1.6 Annual Review. ............................................................................................................................. 8

1.7 Ralph M. Brown Act. ..................................................................................................................... 8 SECTION 2. COUNCIL REORGANIZATION ...................................................................................................... 8

2.1 Mayor Pro TemVice Mayor Selection Process. ............................................................................. 8

2.2 Duties of the Mayor Pro Tem/Vice Mayor .................................................................................... 9

2.3 Appointment of a Council Vacancy. .............................................................................................. 9 SECTION 3. ADMINISTRATIVE MATTERS ....................................................................................................... 9

3.1 Attendance. ................................................................................................................................... 9

3.2 Correspondence. ......................................................................................................................... 10

3.3 Regional Boards, Committees and Ad Hocs ................................................................................ 10

3.4 Distribution of Information. ........................................................................................................ 11

3.5 Reimbursement. .......................................................................................................................... 11

3.6 Ethics and Sexual Harassment Prevention & Education Training. .............................................. 11

3.7 City Seal. ...................................................................................................................................... 12

3.8 Use of City Email and Social Media. ............................................................................................ 12

3.9 Compensation. ............................................................................................................................ 13 SECTION 4. COUNCIL RELATIONSHIP WITH STAFF ...................................................................................... 13

4.1 City Manager. .............................................................................................................................. 14

4.2 Agenda Item Questions. .............................................................................................................. 14

4.3 Interaction of City Council with Staff. ......................................................................................... 14

4.4 Individual Council Member’s Requests. ...................................................................................... 14 SECTION 5. PROCEDURES FOR APPOINTMENTS TO BOARDS/COMMISSIONS/COMMITTEES ................... 15

5.1 Definitions. .................................................................................................................................. 15

5.2 Recruitment Process. .................................................................................................................. 15 297

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2 Suisun City Council Norms & Procedures

5.3 Requirement for Appointment. .................................................................................................. 16

5.4 Council Notification. .................................................................................................................... 16

5.5 Incumbents. ............................................................................................................................ 1716

5.6 Application. ................................................................................................................................. 17

5.7 Attendance. ................................................................................................................................. 17

5.8 Norms and Procedures and Conflicts of Interest. ....................................................................... 17

5.9 Conflicts with Federal, State or Local Law. ................................................................................. 18 SECTION 6. MEETINGS ................................................................................................................................ 18

6.1 Open to Public. ............................................................................................................................ 18

6.2 Broadcasting of City Council Meetings. ...................................................................................... 18

6.3 Regular Meetings. ....................................................................................................................... 18

6.4 Cancelling Meetings. ............................................................................................................... 1918

6.5 Special Meetings. .................................................................................................................... 1918

6.6 Closed Sessions. .......................................................................................................................... 19

6.7 Quorum. .................................................................................................................................. 2019

6.8 Minutes. .................................................................................................................................. 2019

6.9 Adjourned Meetings. .................................................................................................................. 21 SECTION 7. POSTING NOTICE AND AGENDA ............................................................................................... 21

7.1 Posting of Notice and Agenda. .................................................................................................... 21

7.2 Location of Posting. ..................................................................................................................... 21 SECTION 8. AGENDA CONTENTS ............................................................................................................. 2221

8.1 Mayor’s Responsibility. ........................................................................................................... 2221

8.2 Description of Matters. ........................................................................................................... 2221

8.3 Availability to the Public. ........................................................................................................ 2221

8.4 Limitation to Act Only on Items on the Agenda. ......................................................................... 22

8.5 "Timing" of Agenda. ................................................................................................................ 2322

8.6 Order of Agenda – Regular Meeting. ...................................................................................... 2322

8.7 Order of Agenda – Closed Session. ......................................................................................... 2322

8.8 Change in Order of Business. .................................................................................................. 2322

8.9 Agenda Request Policy. ........................................................................................................... 2322

8.10 Presentations. ............................................................................................................................. 23

8.11 Proclamations. ........................................................................................................................ 2423

8.12 Redress. ................................................................................................................................... 2423 298

01107.0001/876717.1
3 Suisun City Council Norms & Procedures
SECTION 9. PROCEDURES FOR THE CONDUCT OF PUBLIC MEETINGS .................................................... 2423

9.1 Role of Mayor. ......................................................................................................................... 2423

9.2 Rules of Order. ........................................................................................................................ 2524

9.3 Appeal Procedures. ................................................................................................................. 2625

9.4 Applicants. ............................................................................................................................... 2625

9.5 Staff and Consultant Reports. ................................................................................................. 2625

9.6 Public Comment. ..................................................................................................................... 2625

9.7 Motions. .................................................................................................................................. 2726

9.8 Reconsideration. ..................................................................................................................... 2726

9.9 Discussion. ............................................................................................................................... 2927

9.10 Council Member Respect. ....................................................................................................... 3029

9.11 Council and Staff Reports and Directions on Future Agenda Items. ...................................... 3029 SECTION 10. CLOSED SESSIONS .............................................................................................................. 3029

10.1 Purpose. .................................................................................................................................. 3029

10.2 Rule of Confidentiality. ........................................................................................................... 3129

10.3 Breach of Rule of Confidentiality. ........................................................................................... 3130

10.4 Agenda. ................................................................................................................................... 3130

10.5 Permissible Topics. .................................................................................................................. 3130

10.6 Rules of Decorum. ................................................................................................................... 3130

10.7 Conduct of Meeting. ............................................................................................................... 3230

10.8 Public Disclosure After Final Action. ....................................................................................... 3231 SECTION 11. DECORUM .......................................................................................................................... 3331

11.1 Council Members. ................................................................................................................... 3331

11.2 City Employees. ....................................................................................................................... 3331

11.3 Public. ...................................................................................................................................... 3332

11.4 Noise in the Chambers. ........................................................................................................... 3332

11.5 Removal. ................................................................................................................................. 3332

11.6 Dangerous Instruments. ......................................................................................................... 3432

11.7 Prosecution. ............................................................................................................................ 3432 SECTION 12. ENFORCEMENT OF DECORUM ........................................................................................... 3432 SECTION 13. PUBLIC RELATIONS ............................................................................................................. 3433

13.1 City Spokesperson. .................................................................................................................. 3433

13.2 Press Release. .......................................................................................................................... 3433 299

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SECTION 14. MAYOR’S OFFICE ................................................................................................................ 3533 SECTION 15. VIOLATIONS OF PROCEDURES ........................................................................................... 3735

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5 Suisun City Council Norms & Procedures

SUISUN CITY COUNCIL

NORMS & PROCEDURES
Section 1. GENERAL

1.1 Purpose.

The purpose of these Norms and & Procedures is to promote communication, understanding, fairness, and trust among the members of the City Council and staff concerning their roles, responsibilities, and expectations for management of the business of the City of Suisun City.

In the interest of promoting best practices in our local government as Municipal Legislators, this document will include operational procedures, policies, and practices.

1.2 Code of Conduct.

The residents and businesses of Suisun City are entitled to have a fair, ethical and accountable local government, which has earned the public’s full confidence for integrity. The effective function of our democratic government requires that:
 Our public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government;  Our public officials be independent, impartial, and fair in their judgment and actions;  Public office be used for the public good, and not for personal gain; and  Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.

1.3 Decorum.

All Council Members shall practice a high degree of decorum and courtesy. Respect for each Council Member’s interpersonal style will be the standard of operation. Courtesy and respect for individual points of view will be practiced at all times.

All Council Members shall respect each other’s right to disagree. Council Members shall commit to avoiding personal attacks, using language that is demeaning, or using words or phrases that tend to “shut others down.”

When addressing the public in any way, all Council Members shall make certain their opinions are expressed solely as their own, and do not in any way necessarily reflect the opinions of any other Council Member or the City.

This subject is expanded
in Section 11.

1.4 Overview of Council responsibilities.
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Suisun City is a California General Law city with a council/manager form of government. The City Council, which is elected directly by city voters, is assisted by a number of appointed and separately elected officials to provide services for City residents. The City Council has the following duties and responsibilities:

(a) Appointment and Evaluation of the City Manager and City Attorney. The City Council shall appoint the City Manager and the City Attorney. The City Manager shall implement City Council policy and run day‐to‐day operations of Suisun City. The City Attorney shall provide legal advice and act as counsel to elected officials and city staff in adherence to with all federal, state, and local laws pertaining to city operations and public policy. There should be an annual review for the City Manager and the City Attorney.

The City Manager’s annual review shall follow closely the format included in the City Manager’s contract and include goals for the next period. Less formal evaluations may take place quarterly or every six months at
the pleasure of the Council. A separate
procedure will be established for this evaluation.

The City Attorney’s annual review shall be at a format proposed by the Mayor and agreed upon by the Council informally.

The Mayor at his/hertheir discretion may annually create an ad hoc to oversee annual review process and prepare a summary evaluation.

(b) Establishment of boards and appointment of members. With the consent of the Council, the Mayor may establish Boards, Commissions, and Committees, and make appointments of members of all Boards, Commissions, and Committees. The Mayor may, from time to time, cede this authority by resolution of the Council.

(c) Legislative decisions. The Council is the legislative body; its members are the community’s decision makers. Power is centralized in the elected City Council collectively and not in individual members of the Council. The City Council approves the budget and determines the public services. It focuses on the community’s goals, major projects and such long term considerations as community growth, financing and strategic planning. The City Council hires a professional City Manager to carry out administrative responsibilities and they collectively supervise the City Manager’s performance.

(c)(d) Quasi‐judicial decisions. The Council may from time to time be required to make quasi‐judicial decisions (e.g., an appeal to a land use entitlement). In this capacity, the Council Members will avoid ex parte communications with parties to the proceedings, and will disclose to the entire Council and the public any such communications and any documents they may have so received. Any ex parte communications or documents so received shall be part of the record of the proceeding. In quasi‐judicial 302

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proceedings, the Council Members will remain impartial until all evidence has been presented. Any Council Member shall only recuse themselves in the event of a conflict, and shall not abstain from making a decision. Council Members who are absent for the earlier of a continued quasi‐judicial proceeding, shall review the recording of the proceeding and familiarize themselves with the staff report all relevant oral and written testimony.

1.5 Overview of City Manager responsibilities.

The City Manager is hired to serve the City Council and the community and to bring the benefits of education, training and experience in administering the City’s projects, programs, and public services on behalf of the City Council. The City Manager follows the direction of the entire City Council and not individual members of the Council or the public, and serves at the sole discretion of the Council.

As the City’s Chief Executive Officer, the City Manager oversees:
 Department heads and department operations
 Budget development and fiscal management
 Policy implementation
 Personnel
administration and human resources
 Labor relations
 Intergovernmental relations
 Service delivery
 Elected official support
 A variety of special projects and assignments

The City Manager appoints, removes, promotes, and demotes any and all officers and employees of the city except the City Clerk, City Attorney, and City Treasurer. Appointment, removal,
promotion, or demotion of department heads shall require prior approval of the City Council. (Ord SCMC § 2.08.110)

Among the chief duties, the City Manager will implement the Council’s policies, projects, programs, and public services in an effective and efficient manner, providing professional advice on policy matters, intergovernmental affairs, economic development, and environmental issues. (See also, Chapter 2.08 of the Suisun City Municipal Code.)

Overview of City Attorney’s responsibilities.
(a) Authority. The City Attorney, or deputy, shall attend all meetings of the Council unless excused and shall attend all meetings of such other boards and commissions as directed by the Council or City Manager. The City Attorney serves as advisory parliamentarian for the City. Final rulings on parliamentary procedure are made by the Presiding Officer. All ordinances and resolutions and all contracts, deeds, easements or other legal instruments shall be approved as to form and legality by City Attorney. In any case of ambiguity or uncertainty in the interpretation or application of this Manual to any procedure, the Presiding Officer may direct such question to 303

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the City Attorney for a ruling. The City Attorney’s Office shall work with the City Manager and City Staff as directed, shall supervise and track all litigation and code enforcement matters, and handle all other legal matters on behalf of and as directed by the City Manager and/or City Council.

(b) Attorney‐Client Privilege. The City Attorney is the legal representative of the City acting through its City Council. Any member of the Council may request from the City Attorney a legal opinion regarding any matter related to the interests of the City. Where a legal opinion involves substantial cost, the request for the opinion must first be approved by the City Manager or by a majority of the Council. There is a continuing legal question as to whether the City Attorney may have an attorney‐client relationship with any individual member of the Council or the staff. As a consequence, any discussion with the City Attorney which leads to the conclusion that the interests of the City are at risk must be revealed to all relevant members of the Council and the staff by the City Attorney. The City Attorney shall not have an attorney‐client relationship with individual Council Members. The City Attorney is required to maintain the confidentiality of such communications from persons outside the City to the extent required or permitted by law and the code of ethics.

“City Council” in the Rules & Norms

In these Rules & Norms, the term “City Council” or “Council Member” shall include and also refer to, the Mayor, unless separate reference is made to the Mayor, or the context indicates otherwise.

1.6 Annual Review of Norms & Procedures.

The City Council shall conduct a periodic reviews and revisions of this document annually within three months prior to the start of a new fiscal year, or whenever Council deems necessary, to assist Council Members in being more productive in management of the business of the City.

1.7 Ralph M. Brown Act.

All conduct of the City Council, Commissions, Committees and Subcommittees shall be in full compliance with the Ralph M. Brown Act.

PLACEHOLDER. CODE OF ETHICS
SECTION 2. COUNCIL REORGANIZATION

2.1 Mayor Pro TemVice Mayor Selection Process.

In December of each year, the Mayor shall select and appoint a Vice Mayor Pro Tem, with consent of the City Council, from among the members of the Council. Selection and appointment shall be at the first meeting of a new term following each General Municipal Election or at the first meeting in December during non‐election years. For all intents and purposes, the title Mayor Pro 304

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Tem and Vice Mayor are used interchangeably. The term of the appointment shall be for a 12‐ month period commencing on January 1st of each year, unless otherwise provided for by majority vote of the Council. The Vice Mayor may also be referred to a Mayor Pro Tem.

2.2 Duties of the Mayor Pro Tem/Vice Mayor
The Vice Mayor remains as one member of the City Council and has no rights or authority different from any other member of the Council. The Vice Mayor is the designated individual to represent the Mayor and perform any duties as required when the Mayor is unavailable. If the Mayor will be unavailable for an extended period of time, the Mayor shall provide notification to the Vice Mayor, City Manager, and City Clerk, in addition to outlining any additional duties.

2.3 Appointment toof a Council Vacancy.

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, or call 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, consistent with Government Code Section 36512. 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.

Appointment to a Mayor Vacancy
In the event of a vacancy of office or the death or resignation of the Mayor, the Vice Mayor shall appoint a new Mayor with the consent of the Council, or call a special election, consistent with Government Code Section 34902. In the event of appointment, the Vice Mayor with the consent of the Council, shall determine by resolution the process for appointment prior to the application process.

SECTION 3. ADMINISTRATIVE MATTERS

3.1 Attendance.

Attendance by the City Council Members acknowledge that attendance at lawful noticed meetings of the City Council is part of their official duty. Council Members shall make a good faith effort to attend all such meetings unless unable. Council Members will notify the Mayor, City Manager, and City Clerk, if they will be absent from a meeting.

Per Gov Code Section §36513 of the Government Code, “if a city councilmember is absent without permission from all regular city council meetings for 60 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy.”

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Remote Participation
In the event members of the City Council cannot attend a meeting in person, they may attend remotely in conformance with the provisions of Section 54953 of the Government Code.

3.2 Correspondence.

With some exceptions,Any proposed correspondence (including electronic) from individual Council Members/Mayor on City stationery shall be reviewed approved by the Council in draft form prior to release.

On occasion, there are urgent requests from the League of California Cities for correspondence concerning legislation directly affecting municipalities. Assuming there is agreement between the Mayor and City Manager that the League’s position corresponds with that of the Council, the Mayor may send a letter without first obtaining Council review. Such correspondence shall be added to the following Council meeting’s consent calendar for the entire Council to receive and file. The Council may take action to rescind the Mayor and City Manager’s actions.

City letterhead will be made available to all City Council members for routine, discretionary correspondence (e.g., thank you notes, etc.), or such correspondence will be prepared by staff for signature, without prior consent of the Council.

The City will provide stationary designated as “The Office of” for each member of the Council Member to use for correspondence as it relates to your their elected position (e.g., thank you notes, letters of recommendation, direct communication to residents or businesses, etc.). This letterhead will have the same information as provided on your each Council Member’s business card. Any views expressed in this correspondence (including electronic) are solely your the Council Member’s own and do not represent the views of the City or the Council.

E‐mails from Council Members should be respectful and professional. This form of correspondence is a public record subject to disclosure under the California Public Records Act.

3.3 Regional Boards, Standing, and Ad Hoc Committees and Ad Hocs The role of the Council on regional boards (including regional standing or ad hoc committees) will vary depending on the nature of the appointment. Representing the interests of Suisun City is appropriate on some boards; this is generally the case when other local governments have their own representation. The positions taken by the appointed representatives are to be in alignment with the positions that the Council has taken on issues that directly impact Suisun City. If an issue should arise that is specific to Suisun City and the Council has not taken a position, the issue should be discussed by the Council prior to taking a formal position at a regional board meeting, to assure that it is in alignment with a majority of the Council’s position.

Council representatives to such various boards shall keep the Council informed of ongoing business through brief oral or written reports to the Council during properly posted Council meetings.

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Council Members shall make a good faith effort to attend all regional meetings to which they are assigned. Attendance should not be less than 75% of all annual scheduled meetings and all absences should be reported to the Mayor. If a Council Member is unable to attend, the Council Member shall notify his/hertheir alternate as far in advance of the meeting as possible so as to allow the alternate to attend.

A list of these assignments are maintained by the Deputy City Clerk’s Office and will be distributed to the Council when updated.

3.4 Distribution of Information.

It is essential that every member of the City Council have the same information from which to form decisions and actions. Any information distributed to one Council Member shall also be distributed to all Council Members.

The Mayor, by virtue of
the position, may receive information in advance of other members of the Council in order for the City Manager to effectively proceed with the day‐to‐day operation of the City. The City Manager will make every effort to disseminate this the information to the remaining members of the Council in a timely manner, whether through the City Manager Report or Council Member/Manager 1:1.

3.5 Reimbursement.

Every effort shall be made to limit the need to reimburse Council Members for expenses. City Council Members may be reimbursed for personal expenses for travel to and lodging at conferences or meetings related to their role as a Council Member. The reimbursement of expenses is limited in the following manner: Members shall be reimbursed subject to the Administrative Directive (AD1) related to travel expense (AD1.). Any additional expenses that fall outside the scope of this policy may be reimbursed only if approved by the City Council, at a public meeting, before the expenses are incurred. Any request for reimbursement of expenses shall be accompanied by an expense form and receipts to document the expenditure. These documents are public records subject to disclosure under the California Public Records Act.

Brief reports must be given on any outside meeting attended at the expense of the City at the next regular Council meeting.

3.6 Ethics and Sexual Harassment Prevention & Education Training.

Any member of the City Council and commissions, or advisory committees formed by the City
Council, shall receive at least two hours of ethics training in general ethics principles and ethics laws relevant to his/her public service every two years, as mandated by AB 1234, and at least two hours of sexual harassment prevention training, as mandated by AB 1661 every 2 years.

New members must receive this training within their first year of service for ethics and within six months for sexual harassment prevention training and education, and file a certificate of completion with the City Clerk. Members shall attend training sessions that are offered through 307

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the League of California Cities or locally in the immediate vicinity of Solano County, or by completing online a state‐approved public service ethics education program.

An individual who serves on multiple legislative bodies need only receive two hours of each training every two years to satisfy this requirement for all applicable public service positions. If
the City offers either course, the City will use a course that has been reviewed and approved by the Fair Political Practices Commission and the California Secretary of State.

The City Clerk is required to keep ethics training records for five years to document and prove
that these continuing education requirements have been satisfied. These documents are public records subject to disclosure under the California Public Records Act.

At the Mayor’s discretion, City Council members who are delinquent on receiving the required training shall not serve on any board or committee assignment until the training has been completed.

3.7 City Seal.

The City Seal is an important symbol of Suisun City. No change to the City Seal shall be made without Council approval. Individual Council Members shall be careful in use of the City Seal so as not to create an appearance that the Council Member is acting on behalf of or with official endorsement of Suisun City.

3.8 Use of City Email and Social Media by City Officials.

Except for emergencies, public officials who are not City employees (“public officials”) conducting City business should not create any “public record” (as that term is defined in California Government Code § 6253(e)) by using any email account that is not a City email account, or by using any non‐City‐controlled social media account. Instead, public officials should use a City email or City‐controlled social media account.

In an emergency, a public official may send an email on a non‐City email account, but only if a copy of any public record that is created as a result is contemporaneously copied to the City email account of that same public official, or a hard copy is provided to the City for retention in City records.

Practically speaking, this means that public officials should rarely, if ever, use a personal email account to conduct City business, and should never use personal social media accounts to
conduct City business. Nothing in this policy is intended to limit a public official’s use of private email and social media accounts for non‐City business such as personal communications and campaign related activities. Nor is this policy intended to require public officials to provide privileged communications or documents to the City, or to waive any applicable privileges which may apply to documents purely because they have been turned over to the City in compliance with this policy.

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For purposes of this policy “City‐controlled social media account” is an account on a social media platform (e.g. Facebook, Instagram, Twitter) that is created and used by the City (e.g. the City’s official Facebook page, if any).

Use of City Electronic Devices. In general, when creating or modifying public records in the conduct of City business on an electronic device that can create and modify public records (e.g. computers, mobile phones, tablets), public officials should only use City‐issued devices. There are two exceptions:

Exception: Using City Accounts. Public officials may use non‐City electronic devices when accessing an official
City account (e.g. City email address, City‐controlled social media account).

Exception: Contemporaneous Copying. If, in a given situation, using a City electronic device is clearly impractical or if a public official has not been issued or does not have in the public official’s possession a City electronic device, a public official may use a non‐City device, but only if a copy of each affected public record is contemporaneously copied to a City account of that same public official, or to the related City‐controlled social media account, or a hard copy is provided to the City for retention in City records.

Texting Only on City Devices. Except for emergencies or when communicating with the City Attorney’s Office, public officials conducting City business shall not send or receive texts on any device other than a City owned device. In an emergency, a public official may use a non‐City device to text, but only if a copy of any public record that is created as a result is contemporaneously copied to a City account of that same public official, or a hard copy is provided to the City for retention in City records. Practically speaking, this means that public officials should rarely, if ever, use a non‐City owned device to text in the conduct of City business.

Provide Copies to City. If a public official has possession of a public record that is not in the possession of the City, the public official shall promptly provide a copy of the record to the City,
and take reasonable precautions to prevent this from occurring again. For example, if a public official receives an email regarding City business on a non‐City email account, and the email was not sent to or from a City email account (i.e. the City doesn’t already have a copy), the public official shall promptly forward a copy of the email to the public official’s City email account, or provide a hard copy to the City for retention in City records, and should request that the sender send future correspondence to a City controlled email account.

3.9 Compensation.

Council members are compensated in accordance with California Government Code Sections 36516 and 36516.5. The amount is memorialized in the City’s Municipal Code.

SECTION 4. COUNCIL RELATIONSHIP WITH STAFF

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Note: The foundation of a healthy and productive relationship between City Council and all City Staff is based on staying within the chain of command.

4.1 City Manager.

City Council Members are always free to go to the City Manager to discuss City business. Issues concerning the performance of a Department or any employee must be directed to the City Manager. Direction to City employees, other than the City Manager or City Attorney, is the prerogative of the City Manager. In passing along critical information, the City Manager will be responsible for contacting all Council Members. The City Manager may delegate this responsibility to Department Heads.

4.2 Agenda Item Questions.

If a Council Member has a question on an agenda item, the Council Member should contact the City Manager, if at all possible, prior to any meeting at which the item may be discussed. This does not restrict Council Members from asking questions during a Council meeting.

4.3 Interaction of City Council with Staff.

The Council shall treat staff with respect and shall not abuse staff, nor embarrass staff in public.

The City Council Members are welcome to have contact with any city employee. However, the Council are to work through the City Manager or City Attorney on all issues, concerns and questions. This is to allow the senior professional staff, with the proper education, training, experience and knowledge of issues, laws and City Council’s policies to coordinate a full and complete response and reduce error or misunderstanding by staff members not necessarily knowledgeable on all issues. This can provide a better overall response, allow any new issues to properly be considered and avoid unintended redirection of staff efforts.

Council Members are free to speak to Department Heads and may ask for information related to their department or agenda items. However, at no point is it acceptable to provide direction. All direction should be given to the City Manager, and the City Manager should be informed of contacts made with Department Heads. This informal system of direct communication is not to be abused.

City Council Members shall not meet with groups of management employees for the purpose of discussing terms of employment or establishing employee policy.

4.4 Individual Council Member’s Requests.

Council Members shall make their requests for information to the City Manager and not directly to individual members of staff. The use of City staff, including the City Manager, to respond to an individual Council Member’s request for any purpose that exceeds more than one hour of total staff time must be approved by the majority vote of the full Council. The individual City Council Member may make his/her request orally or in writing to the City Manager. The City Manager shall provide an estimate of the cost and how the request affects the Council’s Goals and Objectives. This request will then be considered by the City Council at the next possible City 310

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Council meeting. Irrespective of the amount of staff time required to respond to each Council Member’s request, individual Council Member’s requests should be limited to no more than three to five requests per week.

SECTION 5. PROCEDURES FOR APPOINTMENTS TO

BOARDS/COMMISSIONS/COMMITTEES

5.1 Definitions.
(a) Task Force: A temporary grouping of individuals and resources for the accomplishment of a specific objective.

(b) Committee: A group of people officially delegated to perform a function, such as investigating, considering reporting, or acting on a matter.

(c) Ad Hoc Committees: Committees established for a specific purpose. Formed for or concerned with one specific purpose (e.g., ad hoc compensation committee); for the particular end or case at hand without consideration of wider application; formed or used for specific or immediate problems or needs; often improvised or impromptu; contrived purely for the purpose in hand rather than carefully planned in advance.

(d) Commission: A group of people officially authorized to perform certain duties or functions with certain powers or authority granted; the act of granting certain powers or the authority to carry out a particular task or duty; the rank and powers so conferred.

(e) Board: A group of persons having managerial, supervisory, or advisory powers. In parliamentary law, a board is a form of deliberative assembly and is distinct from a committee, which is usually subordinate to a board or other deliberative assembly – in having greater autonomy and authority.

5.2 Recruitment Process.
(a) On or before December 31st of each year, the City Clerk shall prepare and post a list of all Council‐appointed board, commission and committee terms that expire during the next calendar year in compliance with the Maddy Act (Government Code Section 54972). (b) The City Clerk shall annually advertise in a newspaper and on the City’s website for applicants wishing to be considered for appointment to boards, commissions and committees.
(c) Although there may be multiple applicants, the Mayor is not required to choose from the pool of applicants and may nominate his/hertheir own appointee, provided the appointee 311

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qualifies. This applies to individual Council Members where the Mayor has ceded his/hertheir authority.

(d) All persons seeking appointment to a City board, commission or committee shall complete and submit an application form to the City Clerk as set forth in Section 5.6.

Applications shall be kept on file for two years in the City Clerk’s office and vacancies may be considered from applications on file, as well as new applications.

(e) If an unscheduled board or commission vacancy occurs during the year, the following steps should be taken to publicize vacancies on boards, commissions, and committees:

1. Public announcement of the vacancy at a Council meeting.

2. A newspaper advertisement announcing the vacancy.

3. A recruitment period of at least ten (10) days.

4. A vacancy notice posted at City Hall, the Nelson Center, and on the City’s website for at least 20 days.

5. Announcements in the local media, such as press releases, online news outlets and free weekly sales papers.

6. Distribution to appropriate professional and community organizations and all groups that have requested notification.

5.3 Requirement for Appointment.
(a) All persons appointed to City boards, commissions, and committees shall be residents of the City of Suisun City at the time of their appointment and shall remain so throughout their term of appointment. Should any person so appointed move from the City during their term of office, such office shall be forfeited. The Mayor with the consent of the Council shall, upon forfeiture, make a new appointment to fill the unexpired term.

(b) All persons appointed to City boards, commissions, and committees shall complete and submit an application form to the City Clerk as set forth in Section 5.6.

(c) Except as provided by state or local statute, the appointee shall not be a current City employee or currently appointed to another City board, committee or commission.

(c)(d) Exception. Persons who do not live within the boundaries of the City may be appointed to a committee if it is in the best interest of the City to include the input of individuals or organizations who are located elsewhere. By way of example: a micro‐ transit committee could include representatives from the county, the Solano Transportation Authority, or from other regional service providers.

5.4 Council Notification.

By October 1 of each year, the City Clerk will notify the Mayor of expiring terms for members of those City boards, commissions, and committees.
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5.5 Incumbents.
(a) At the end of the first term, the incumbent board, commission, or committee member may, at the discretion of the Mayor, be reappointed for an additional term without the need to apply or interview for re‐appointment. In lieu of an application, the board, commission or committee member shall submit to the City Clerk a letter or email expressing interest in re‐appointment 60 days prior to the expiration of the member’s first term.

(b) Any incumbent interested in re‐appointment who has served two or more terms must apply for re‐appointment as set forth in Section 5.6.

5.6 Application.

Except as set forth in Section 5.5, all persons considered for appointment or re‐appointment shall complete an application form. This application form must be received by the City Clerk by the required deadline.

5.7 Attendance.
(a) Board, commission, and committee members are expected to regularly attend and participate on their respective boards, committees and commissions.

(b) All absences should be reported to the Mayor in advance of missing the meeting.

(c) A board, commission, or committee member whose attendance is less than seventy‐five percent (75%) of the required meetings over a period of a year may be subject to removal at the discretion of the Mayor. Council will be notified of any actions taken.

(d) The Council may grant an approved leave of absence for a board, commission, or committee member for such reasons as the Mayor determines appropriate. Council will be notified of any actions taken.

(d)(e) Members or boards, commission, and committees may attend meetings remotely when the technology to do is available, in accordance with Section 54953 of the Government Code.

5.8 Norms and Procedures and Conflicts of Interest.
(a) Board, committee and commission members shall be expected to adhere to the Council Norms and Procedures.

(b) Board, committee, and commission members shall comply with all state and local laws with respect to ethics and conflicts of interests to the extent that such laws apply to their position, including state and local requirements to timely file Statements of Economic 313

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Disclosure if the member is designated as a filer by state law or by the City’s Conflict of Interest Code.

(c) Members of City boards, commissions, or committees may not use their board, commission, or committee position title for political endorsements.

5.9 Conflicts with Federal, State or Local Law.

In case of a conflict between this section of the Norms and Procedure policy with federal, state or local law, such federal, state or local law shall be the controlling factor.

SECTION 6. MEETINGS

6.1 Open to the Public.

All meetings of the City Council whether regular, special, or study sessions, shall be open to the public, unless a closed session is held as authorized by law. All meetings shall be noticed as required to allow action to be taken by the Council.

6.2 Broadcasting ofAccess to City Council Meetings.

All regular Council meetings shall be scheduled in the Council Chambers to allow for web streaming, as well as remote participation by City staff and the public through a two‐way web‐ based platform, unless the . If the number of participants is anticipated to exceeds room capacity, a meeting may be scheduled at a different location to accommodate the larger participation in person. Any meeting that takes place at a location other than Council Chambers will be available for broadcast and/or real‐time two‐way web based platform, as technology permits . The final decision of the location of the meeting shall be the responsibility of the Mayor.

6.3 Regular Meetings.

At the first regular meeting in January, the City Council will approve the schedule of meetings for the calendar year, which in addition to the regular meeting schedule, may include the cancellation of regular meetings and the addition of special meetings and study sessions. This practice does not, however, preclude the Mayor from calling additional meetings pursuant to Section 6.5, if necessary.

The City Council shall convene its regular City Council meetings at 6:30 p.m. on the first second and third fourth Tuesday of each month. However, each Tuesday is a regular meeting day if necessary to carry out the business of the city and Council members should be prepared to meet on any Tuesday evening.

The City Council hopes to conclude its public business at Regular Meetings by 10:00 p.m.

Ordinarily, at the discretion of the Mayor, noNo new items will be taken up after the 10:00 p.m.
cutoff and any items remaining will be agendized for the next meeting, except upon motion of the Mayor and majority vote of the Council.
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6.4 Cancelling Meetings.

Pursuant to Government Code Section 36805, City Council shall hold a Regular Meeting at least once each month. Outside of this provision, the Mayor may cancel no more than four (4) Regular Meetings at his/her discretion no less than 7 days before the planned meeting. The Mayor may cancel a meeting at any time in the case of an emergency or when a majority of members have confirmed their unavailability to attend a meeting.

6.5 Special Meetings.

A special meeting may be called at any time by the Mayor or by a majority of the City Council in accordance with the Brown Act. Written notice of any such meeting must specify the purpose of the meeting. Notice of the meeting must be given in accordance with law. Public comments at special meetings shall be limited to only those items described on the special meeting notice/agenda.

The City Council may hold study sessions or joint meetings with other boards, commissions, committees, or agencies as deemed necessary to resolve City business. These meetings will be coordinated by the City Clerk. Study sessions are scheduled to provide Council Members the opportunity to better understand a particular item. While Council may legally take action at any noticed meeting, generally no formal action is taken at study sessions; provided that the City Council may give direction to City staff regarding additional information required, or regarding adding the item that is the subject of the study session to a meeting agenda. If action is to be taken at a study session, then the agenda will state that action may be taken.

Emergency Meetings.

In the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, a legislative body may hold an emergency meeting without complying with either the 24‐hour notice requirement or the 24‐ hour posting requirement of Government Code Section 54956, or both of the notice and posting requirements.

6.9 Adjourned Meetings.

The City Council may adjourn any regular, adjourned regular, special, or closed session meeting to a time and place specified in the order of adjournment and as permitted by law.

6.6 Closed Sessions.

The City Council may hold closed sessions at any time authorized by law (and in consultation with the City Attorney), to consider or hear any matter, which is authorized by law. The Mayor or any three Council Members may call closed session meetings at any time.

6.4 Cancelling Meetings.

Pursuant to Government Code Section 36805, City Council shall hold a Regular Meeting at least once each month. Outside of this provision, the Mayor may cancel no more than four (4) Regular 315

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Meetings at their discretion no less than 7 days before the planned meeting. The Mayor may cancel a meeting at any time in the case of an emergency, when there are no items for the agenda, or when a majority of members have confirmed their unavailability to attend a meeting.

6.7 Quorum.

Three (3) members of the City Council shall constitute a quorum and shall be sufficient to transact business. If fewer than three Council Members appear at a regular meeting, the Mayor, Vice Mayor in the absence of the Mayor, any Council Member in the absence of the Mayor and Vice Mayor, or in the absence of all Council Members, the City Clerk or Deputy City Clerk, shall adjourn the meeting to a stated day and hour.

Business of the City Council may be conducted with a minimum of three members being present; however, pursuant to the California Government Code, matters requiring the expenditure of City funds and all resolutions and non‐urgency ordinances must receive three affirmative votes for
approval.

6.8 Minutes.

The City Clerk shall prepare minutes of all public meetings of the City Council. Electronic copies will be distributed to the Council for review one (1) week following the meeting. Council Members will have one (1) week to provide feedback to the City Clerk for corrections or clarifications. The City Clerk will provide the corrected minutes to the City Manager one (1) week before the meeting to ensure inclusion in the Agenda Packet.

Public Hearings
It is the policy of the Council to assure that the due process rights of all persons are protected during City hearings. A “quasi‐judicial” hearing is a hearing that requires a higher level of procedural due process because of the potential impact on life, liberty or property. Usually, quasi‐ judicial hearings involve a single parcel of land and apply facts and evidence in the context of existing law. Findings must be stated to explain the evidentiary basis for the Council’s decision.

The following procedure shall be used for conducting public hearings in which there is an applicant (e.g., land use applications):

a. Presiding Officer states the Public Hearing Item.
b. Announcement of any ex parte communications.
c. Staff Presentation and recommendation on the Public Hearing Item. d. Council asks clarification questions of Staff.
e. Open the Public Hearing.
i. Applicant’s presentation on the Public Hearing Item. ii. Council asks questions of the Applicant.
iii. Public Testimony/Public Comment in favor of and against the Public Hearing Item. iv. Applicant’s rebuttal.
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f. Close the Public Hearing.
g. Council deliberates on the Public Hearing item.
h. Council votes.

The following procedure shall be used for conducting a public hearing in which there is no applicant (e.g., a City‐initiated change to the Development Code):
a. Presiding Officer states the Public Hearing Item.
b. Announcement of any ex parte communications.
c. Staff Presentation and recommendation on the Public Hearing Item. d. Council asks clarification questions of Staff.
e. Open the Public Hearing to allow public testimony/public comment in favor of and against the Public Hearing Item.
f. Close the Public Hearing.
g. Council deliberates on the Public Hearing Item.
h. Council votes on the item.

Council Members shall refrain from asking questions or, in any way, interfere with the “public testimony/public comment” portion of the Public Hearing section.

The Mayor may, in their discretion, revise how a public hearing is conducted, as needed, so long as public participation/testimony is conducted and the Council does not deliberate until all evidence and testimony are heard.

6.9 Adjourned Meetings.

The City Council may adjourn any regular, adjourned regular, special, or closed session meeting to a time and place specified in the order of adjournment and permitted by law.

SECTION 7. POSTING NOTICE AND AGENDA

7.1 Posting of Notice and Agenda.

For every regular, special, or study session meeting, the City Clerk or other authorized person shall post a notice of the meeting, specifying the time and place at which the meeting will be held, and an agenda containing a brief description of all items of business to be discussed at the meeting. This notice and agenda may be combined in a single document. Posting is to be according to law.

7.2 Location of Posting.

The notice and agenda shall be posted at City Hall in a place to which the public has unrestricted access and where the notice and agenda are not likely to be removed or obscured by other posted material, and to the City website.

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Although not required, additional posting places have been identified to increase civic engagement:
 Joseph Nelson Center
 Fire Department
 Harbor Master Building
 City Controlled Social Media
 Non‐City Partnership Buildings
SECTION 8. AGENDA CONTENTS

8.1 Mayor’s Responsibility.

The Mayor is the presiding officer and is responsible for running a timely and orderly meeting. If the Mayor is unavailable to run a Council meeting, the Vice Mayor shall run the meeting. The Mayor, in consultation with the City Manager or his/hertheir designee, shall organize the agenda and agenda forecast. The agenda forecast will be distributed with the City Manager’s report.

8.2 Description of Matters.

All items of business to be discussed at a meeting of the City Council shall be briefly described on the agenda. The description should set forth the proposed action to be considered so that members of the public will know the nature of the action under review and consideration.

As stated in Section 4.2, if a Council Member has a question on a subject, if possible the Council Member should contact the City Manager prior to any meeting at which the subject may be discussed to assist staff in their preparation for the agenda item.

8.3 Availability to the Public.

The agenda for any regular, special, emergency, or study session meeting, shall be made available to the general public as required by law.

8.4 Limitation to Act Only on Items on the Agenda.

No action shall be taken by the City Council on any item not on the posted agenda, subject only to the exceptions listed below:

(a) Upon a majority determination that an “emergency situation” (as defined by State Law) exists; or

(b) Upon determination by a 4/5 vote of the full City Council, or a unanimous vote if less than a full Council, that there is a need to take immediate action and that the need to take the action came to the attention of the City Council subsequent to posting of the agenda.

(c) Upon a majority vote of the City Council, to allow a Council Member to participate remotely pursuant to just cause or emergency circumstances, in accordance with Section 54953(f).
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8.5 "Timing" of Agenda.

The Mayor or City Manager may "time" the agenda as a way for the Council to maintain a sense of how much time can be committed to any one item without going past an established ending time for the meeting.

8.6 Order of Agenda – Regular Meeting.

The prescribed order of the agenda for Regular Meetings of the Council will be as follows: Roll Call, Pledge of Allegiance, Invocation, Conflict
of Interest Notification, Informational Reports (City
Manager/Executive Director/Staff), Presentations/Appointments, Public Comments on Items not on the Agenda, Council Comment, Consent Calendar, Public Hearings, General Business Items, Discussion of Items Pulled from Consent Calendar, Non‐presented Reports, and Adjournment.

8.7 Order of Agenda – Closed Session.

The prescribed order of the agenda for a Special Meeting – Closed Session of the Council will be as follows: Roll Call, Conflict of Interest Notification, Closed Session, Closed Session Announcement, and Adjournment.

8.8 Change in Order of Business.

The Mayor may decide to take matters listed on the agenda out of the prescribed order. Council Members shall be given the opportunity to ask questions about Consent Items for clarification without having them removed from the Consent Calendar.

8.9 Agenda Request Policy.

Requests for placement of items on the agenda can be submitted to the Mayor or City Manager at any time. The Mayor and City Manager will review and decide on the request, and determine appropriate timing to bring the item forth.

Also, any member of the Council may request that an item be placed on a future agenda by indicating their desire to do so under the Council Member Report portion of the City Council agenda. The request will require the consensus of the Council to have the item brought back at a certain time versus at the pleasure of the Mayor or City Manager.

8.10 Presentations.

Presentations are put on the agenda with concurrence of the Mayor or City Manager. The Mayor or City Manager will use their best judgment on scheduling presentations and recognitions. Time limits shall normally be 5 minutes. Presentations may be extended by special circumstances as needed. Exceptions can be made at the Mayor’s discretion.

To promote a proactive policy concerning state, regional and federal legislative issues, presentations shall include a periodic legislative update by the City Manager (or their City Manager designee), to include information on important legislative issues and/or those matters that the City has a stated a position on during the Legislative Session 319

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8.11 Proclamations.

Requests for proclamations can be submitted to the Mayor at any time. Proclamations or Special Recognition are created at the Mayor’s full discretion.

The agenda will include Proclamations presented during the council meetings and a list provided of those for information purposes or presented outside of the meeting.

8.12 Redress.

Agenda items for redress or reconsideration are expanded in Section 9.8.

SECTION 9. PROCEDURES FOR THE CONDUCT OF PUBLIC MEETINGS

9.1 Role of Mayor.
(a) The Mayor shall be responsible for maintaining the order and decorum of meetings.

It shall be the duty and responsibility of the Mayor to ensure that the rules of operation and decorum contained herein are observed. The Mayor shall maintain control of communication between Council Members and among Council, staff and the public. The Mayor shall intervene when a Council Member, staff, or other meeting participant is being verbally or otherwise attacked by a member of the public.

(b) Communication with Council Members:

1. Council Members shall request the floor from the Mayor before speaking.

2. When one member of the Council has the floor and is speaking, other Council Members shall not interrupt or otherwise disturb the speaker.

1. The Mayor shall open the floor for public comment as appropriate.

2. Council Members may briefly question a person addressing the Council at the conclusion of the person’s comments or upon expiration of the person’s time to speak in order to gain additional information. At no point should Council Members engage in additional back and forth with members of the public.

3. Any staff member with an item on the agenda will be available to the City Council to answer questions arising during discussions between Council Members and among Council Members and members of the public.

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4. Members of the public shall direct their questions and comments to the Council.

9.2 Rules of Order.

The City Council shall follow the “spirit” of Rosenberg’s Rules of Order as a guide for the conduct of meetings, with the following modifications:

(a) A motion is not required prior to
a general discussion on an agenda item. A pre‐motion
discussion allows the members to share their thoughts on the agendized item so that a motion can more easily be made that takes into account what appears to be the majority position. Once a motion has been properly made and seconded, the Mayor shall open the matter to full discussion offering the first opportunity to speak to the moving party, and thereafter, to any Council Member recognized by the Mayor. Customarily, the Mayor will take the floor after all other Council Members have been given the opportunity to speak.

If a motion clearly contains divisible parts, any Council Member may request the Mayor or moving party divide the motion into separate motions to provide Council Members an opportunity for more specific consideration.

Tie Votes: Tie votes shall be lost motions. When all Council Members are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal, unless the Council takes other action to further consider the matter. If a tie vote results at a time when fewer than all members of the Council, who may legally participate in the matter are present, the matter shall be automatically continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council.

(b) All motions require a second.

(c) A motion may be amended at the request of the maker and“Friendly amendments” are permissible, with the consent of the make of the motion and of the person who seconded the motion. Such a procedure is often used to accommodate concerns expressed by other members.

(d) A mMotions to amend or for a substitute motion may still be used.

(d) The Mayor has the discretion to impose reasonable rules at any particular meeting based upon facts and circumstances found at any particular meeting.

(e) Motions require a majority (of the quorum or of the Council, as may be required) to pass. A tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal, unless the Council takes other action to further consider the matter. If a tie vote results at a time when fewer than all members of the Council, who may legally participate in the matter are present, the matter shall be automatically continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council. An abstention will be counted as a YES vote for tie‐breaking purposes.
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(f) The Mayor may limit the time to be spent on an item and may continue the item, with the approval of the majority of the Council, to a future meeting at their discretion.

9.3 Appeal Procedures.

Appellants shall be given the opportunity to speak first. Appellants and applicants responding to appeals may be given a total of up to 10 minutes each to present their positions to the City Council prior to hearing public comments. Appellants shall be given up to 5 minutes of rebuttal time after public comments are heard. Appeals shall otherwise follow the public hearing procedures.

9.4 Applicants.

Persons bringing to the City Council a request for approval shall be given a total of up to 10 minutes to present their positions/input prior to hearing public comments. An extension can only be granted by consent of a majority of the Council Members. Applicants shall be given up to 5 minutes of rebuttal time after public comments are heard.

9.5 Staff and Consultant Reports.

In general, staff and consultant reports should be clear, brief, and concise. Staff is to assume that the Council has read all materials submitted. Council shall be given an opportunity to ask questions of staff prior to hearing public comments.

9.6 Public Comment.
(a) Persons present at meetings of the City Council may comment on individual items on the agenda at the time the items are scheduled to be heard. During Regular City Council meetings, comments may be offered on items not on the agenda under that portion of the agenda identified for Public Comment.

(b) The limit for speakers will be up to 3 minutes for public hearing items, and up to 2 minutes for all other agenda items, depending on the number of speakers. Speakers are not allowed to delegate their time to another speaker. The Mayor may limit the time to be spent on an item and may continue the item, with the approval of the majority of the Council, to a future meeting at his/her discretion.

(c) Public comment will be limited to 20 minutes at the beginning of the meeting and will continue at the conclusion of the meeting, if necessary. No new public comment cards will be accepted after the close of the first Public Comment period.

(b)(d) Written public comments must be received no later than 2 hours prior to the start of the meeting to which the comment is directed, and the City Clerk will read written comments into the record either in full or in summary. Comments received after the deadline shall be provided as part of the record, but will not be read at the meeting.

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(c)(e) Upon addressing the Council, each speaker is requested, but not required, to first state his/hertheir name, whom they represent, and/or city of residence.

(d)(f) After the speaker has completed their remarks, the Mayor may direct the City Manager or City Attorney to briefly address the issues brought forthraised by the speaker.

Council Members shall be respectful of the speakers and shall not enter into a debate with any member of the public nor discuss amongst themselves.

(e)(g) All Council Members shall listen to all public discussion as part of the Council’s community responsibility. Individual Council Members should remain open‐minded to informational comments made by the public.

(h) The Mayor has the right to ask a member of the public to step down if over the allotted time or if the speaker’s comments are not within the city’s jurisdiction.

(f)(i) Any conduct that actually disrupts a meeting will be addressed in accordance with Section 54957.95 of the Government Code.

9.7 Motions.

It will be the practice of the City Council for the Mayor to provide Council Members an opportunity to ask questions of staff, comment on, and discuss any agendized item in order to help form a consensus before a motion is offered. After such discussion, the Mayor or any Council Member may make a motion. Before the motion can be considered or discussed, it must be seconded. Once a motion has been properly made and seconded, the Mayor shall open the matter to full discussion offering the first opportunity to speak to the moving party, and thereafter, to any Council Member recognized by the Mayor. Customarily, the Mayor will take the floor after all other Council Members have been given the opportunity to speak.

9.8 Reconsideration.
(a) Request for reconsideration – by whom.

1. Request by a member of the public. Notwithstanding Rosenberg’s Rules of Order, a request for reconsideration may be made by a member of the public to the City 323

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Council at the next regular meeting of the City Council or at any intervening special meeting of the City Council.

2. Request by a member of the City Council. Only a member of the City Council who voted on the prevailing side may request reconsideration. The request may be made at the same meeting or at the next regular meeting of the City Council or at any intervening special meeting of the City Council.

3. The member of the public or City Council Member making the request should state orally or in writing the reason for the request, without dwelling on the specific details or setting forth various arguments.

3. (b) Motion to reconsider any Council action ‐ procedure.

1. Reconsideration at the same meeting. A motion to reconsider an action taken by the City Council may be made at the same meeting at which the action was taken (including an adjourned or continued meeting). A motion to reconsider an action taken by the City Council may be made only by a Council Member who voted on the prevailing side, but may be seconded by any Council Member and is debatable. The motion must be approved by a majority of the entire City Council.

2. Reconsideration at a subsequent meeting. If an intent to request a motion for reconsideration is communicated to the City Council prior to the deadline for posting the City Council meeting agenda, then thethe City Manager may agendize the request for reconsideration may be agendized if support for said actionreconsideration exists in accordance with the Council Norms Section 10.8. Otherwise, no City Council discussion or action on a possible reconsideration may occur unless the item is appropriately added to the agenda pursuant to Government Code section 54954.2(b), which addresses adding items that are not listed on a posted agenda (urgency agenda item). At the time such motion for reconsideration is heard, testimony shall be limited to the facts giving rise to the motion. In no event shall the Council entertain a request for reconsideration beyond the meeting following the decision subject to reconsideration.

Upon approval of a motion to reconsider, and at such time as the matter is heard, the City Council shall only consider any new evidence or facts not presented previously with regard to the item or a claim of error in applying the facts.

If the motion to reconsider is made and approved at the same meeting at which the initial action was taken and all interested persons (including applicants, owners, supporters and opponents) are still present, the matter may be reconsidered at that meeting or at the next regular meeting or intervening special meeting (subject to the discretion of the maker of the motion) and no further public notice is required. 324

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If the motion to reconsider is made and approved at the same meeting at which the initial action was taken but all interested persons are not still present, or if the motion is made and approved at the next regular meeting or intervening special meeting, the item shall be scheduled for consideration at the earliest feasible City Council meeting and shall be re‐noticed in accordance with the Government Code, the City Municipal Code, and these Council Norms and & Procedures. The City Clerk shall provide notice to all interested parties as soon as possible when a matter becomes the subject of a motion to reconsider.

9.9 Discussion.
(a) The discussion and deliberations at meetings of the City Council are to secure the mature judgment of Council Members on proposals submitted for decision. This purpose is best served by the exchange of thought through discussion and debate.

To the extent possible, Council Members should disclose any ex parte communication prior to discussion on an item. Ex parte communications are those made in private between an interested party and an official in a decision making process.

Discussion and deliberation are regulated by
these rules in order to assure every member a
reasonable and equal opportunity to be heard.

(b) Obtaining the floor for discussion.

After the Council has commented on an issue, and a motion has been stated to the Council and seconded, any member of the Council has a right to discuss it after obtaining the floor. The member obtains the floor by seeking recognition from the Mayor. A member who has been recognized should make their comments clear, brief and concise.

To encourage the full participation of all members of the Council, no member or members shall be permitted to monopolize the discussion of the question. If a Council Member has already spoken, other Council Members wishing to speak shall then be recognized. No Council Member shall be allowed to speak a second time until after all other Council Members have had an opportunity to speak.

(d) Relevancy of discussion.

All discussion must be relevant to the issue before the City Council. A Council Member is given the floor only for the purpose of discussing the pending question; discussion which departs is out of order. Council Members shall avoid repetition and strive to move the discussion along.

A motion, its nature, or consequences, may be attacked vigorously. It is never permissible to attack the motives, character, or personality of a member either directly or by innuendo or 325

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implication. It is the duty of the Mayor to instantly rule out of order any Council Member who engages in personal attacks. It is the motion, not its proposer, that is subject to debate.

Arguments, for or against a measure, should be stated as concisely as possible. It is the responsibility of each Council Member to maintain an open mind on all issues during discussion and deliberation.

It is not necessary for all City Council Members to speak or give their viewpoints if another Council Member has already addressed their concerns. Although issuesAgenda items of particular import to the
City or with potential to be litigated or otherwise appealed should have comments by each Council Member on the record.

(e) Mayor’s duties during discussion.

The Mayor has the responsibility of controlling and expediting the discussion. A Council Member who has been recognized to speak on a question has a right to the undivided attention of the Council.

It is the duty of the Mayor to keep the subject clearly before the members, to rule out irrelevant discussion, and to restate the question whenever necessary.

9.10 Council Member Respect of Majority Decision.

At all times, Council Members in the minority on an issue shall respect the decision and authority of the majority.

9.11 Council and Staff Reports and Directions on Future Agenda Items.

Council and staff reports at the end of Council meetings shall be limited to announcing Mayor‐ appointed Regional Board activities on which Council Members serve, City and City‐sponsored activities and items which directly affect the City. Community groups may announce their activities during Public Comments at the beginning of Council meetings. Council Members should refrain from making personal comments, stating personal activities, or items that do not impact their role as a Council Member.

SECTION 10. CLOSED SESSIONS

10.1 Purpose.

It is the policy of the City Council to conduct its business in public to the greatest extent possible.

However, state law recognizes that, in certain circumstances, public discussion could potentially jeopardize the public interest, compromise the City’s position, and could cost the taxpayers of 326

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Suisun City financially. Therefore, closed sessions shall be held from time to time as allowed by law. The procedures for the conduct of these meetings shall be the same as for public meetings, except that the public will be excluded.

Prior to convening the closed session meeting, the Mayor shall publicly announce the closed session items and ask for public input regarding any items on the closed session agenda.

City Council Members shall keep all written materials and verbal information provided to them in closed session in complete confidence to insure that the City’s position is not compromised.

No mention of
information in these materials shall be made to anyone other than Council Members, the City Attorney or City Manager, except where authorized by a majority of the City Council.

10.2 Rule of Confidentiality.

The City Council recognizes that breaches in confidentiality can severely prejudice the City’s position in litigation, labor relations and real estate negotiations. Further, breaches of confidentiality can create a climate of distrust among Council Members and can harm the Council’s ability to communicate openly in closed sessions, thereby impairing the Council’s ability to perform its official duties.

The City Council further recognizes that confidentiality of discussions and documents are at the
core of a closed session. Confidentiality is essential if the closed session is to serve its purpose.

Therefore, the City Council will adhere to a strict policy of confidentiality for closed sessions.

10.3 Breach of Rule of Confidentiality.

No person who attends a closed session may disclose any statements, discussions, or documents used in a closed session except where specifically authorized by State law. Any authorized disclosure shall be in strict compliance with these rules and the Ralph M. Brown Act. Violation of this rule shall be considered a breach of this rule of confidentiality.

10.4 Agenda.

The City Council agenda will contain a brief general description of the items to be discussed at the closed session, as required by law.

10.5 Permissible Topics.

All closed sessions will be held in strict compliance with the Ralph M. Brown Act. The City Attorney, or his/hertheir designee, will advise in advance on topics that may be discussed in a closed session.

10.6 Rules of Decorum.

(a) The same high standard of respect and decorum as apply to public meetings shall apply to closed sessions. There shall be courtesy, respect, and tolerance for all viewpoints and 327

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for the right of Council Members to disagree. Council Members shall strive to make each other feel comfortable and safe to express their points of view. All Council Members have the right to insist upon strict adherence to this rule.

(b) Prior to a vote, the Mayor shall ensure that the motion is clearly stated and clearly understood by all Council Members.

(c) The Mayor shall keep the discussion moving forward so that debate and a vote can occur in the time allotted for the closed session. The Mayor will determine the order of debate in a fair manner.

10.7 Conduct of Meeting.

(a) The Mayor will call the closed session to order promptly at its scheduled time.

(b) The Mayor will keep discussion focused on the permissible topics.

(c) The use of handouts and visual aids such as charts is encouraged to focus debate and promote understanding of the topic. All such materials are strictly confidential.

(d) If the City Council in closed session has provided direction to City staff on proposed terms and conditions for any type of negotiations, whether it be related to property acquisitions or disposal, a proposed or pending claim or litigation, or employee negotiations, all contact with the other party will be through the designated City person(s) representing the City in the handling of the matter. A Council Member, not so designated by the Council, will not under any circumstances have any contact or discussion with the other party or its representative concerning the matter which was discussed in the closed session, and will not communicate any discussions conducted in closed session to such party.

10.8 Public Disclosure After Final Action.

(a) The Ralph M. Brown Act requires that, as a body, the City Council make certain public disclosure of closed session decisions when those actions have become final. Accordingly, the City Council shall publicly report any final action taken in closed session , and the vote, including abstentions, at a publicly noticed meeting as follows:

1. Real Estate negotiations: After the agreement is final and accepted by the other party;

2. Litigation: After approval to defend or appeal a lawsuit or to initiate a lawsuit;

3. Settlement: After final settlement of litigation or claims; 328

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4. Employees: Action taken to appoint or dismiss a Council‐appointed employee;

5. Labor relations: After the Memorandum of Understanding is final and has been accepted by both parties.

(b) The report may be oral or written. The report will state only the action taken and the vote.

Unless authorized by the majority of the City Council, the report will not state the debate or discussion that occurred. Except for the action taken and the vote, all closed session discussions will remain confidential.

SECTION 11. DECORUM

11.1 Council Members.

Members of the City Council value and recognize the importance of the trust invested in them by the public to accomplish the business of the City. Council Members shall accord the utmost courtesy to each other, City employees, and the public appearing before the City Council. The City Manager or his/her designee shall act as the sergeant‐at‐arms.

11.2 City Employees.

Members of the City staff shall observe the same rules of order and decorum applicable to the City Council. City staff shall act at all times in a business and professional manner towards Council Members and members of the public.

11.3 Public.

Members of the public attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council. These Norms and Procedures shall apply to all City Council Meetings.

11.4 Noise in the Chambers.

Noise emanating from the audience, whether expressing opposition or support within the Council Chambers or lobby area, which disrupts City Council meetings, shall not be permitted. All cell phones and other electronic devices shall be muted while in the chambers. Refusal is grounds for removal.

11.5 Removal.

Any member of the public making personal, impertinent, and/or slanderous or profane remarks, or who becomes boisterous or belligerent while addressing the City Council, staff or general public, or while attending the City Council meeting and refuses to come to order at the direction of the Mayor/Presiding Officer, shall be removed from the Council Chambers by the Police Chief, or his/her designee, and may be barred from further attendance before the Council during that meeting.
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Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demonstrations shall not be permitted by the Mayor/Presiding Officer. The Mayor/Presiding Officer may direct the Police Chief, or his/her designee, to remove such offenders from the room.

11.6 Dangerous Instruments.

No person may enter the chambers of a legislative body as defined in Section 54852 of the Government Code of the State of California or any place were such legislative body is in session, with any firearm, weapon, or explosive device of any nature. The provisions of this section shall not apply to authorized peace officers or to those persons authorized by the Penal Code of the State to carry such weapons.

11.7 Prosecution.

Aggravated cases shall be prosecuted on appropriate complaint signed by the Mayor/Presiding Officer.

SECTION 12. ENFORCEMENT OF DECORUM

In extreme cases, such as when a meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals as provided for in this Policy, the Mayor/Presiding Officer may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session.

Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this Section. Nothing in

this Section shall prohibit the City Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.

SECTION 13. PUBLIC RELATIONS

13.1 City Spokesperson.

The Mayor will serve as the general spokesperson for the City. When Council has not taken a position on an issue, neither the Mayor nor any Council Member will speak on behalf of the Council. In these situations, the Mayor or Council Member will use a phrase such as, “Council has not taken an official position, personally I think…”

13.2 Press Release.

Any proposed Press Release may only use the City Seal and picture of the Council Member issuing such release if the subject matter pertains to official government business of Suisun City.

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The group picture of the Council may only be used on a Press Release if the release is being issued on behalf of the entire Council.

SECTION XY. CENSURE OF MEMBERS

xy.1 Grounds for Censure
It shall be a violation of this section for any sitting Council Member to violate any general law or regulation, and any rule, law, ordinance, or resolution of the City of Rancho Palos Verdes. It shall also be a violation of this section for any sitting Council Member (i) to violate an administrative policy of the City which has been adopted following a vote of the Council on the matter, or (ii) to act to impede the carrying out of any lawful administrative action of the City Manager undertaken to carry out any approved policy or rule of the City.

xy.2 Censure Defined
Any violation of Section xy.1 by a Council Member may be reprimanded through the administration of a public censure of the member by the Council. Such censure may be in addition to any other lawful action or punishment applicable to the violation. For purposes of this section, “censure” shall mean the adoption of a motion setting forth a formal statement of disapproval of a Council Member’s conduct.

xy.3 Censure Considered in Indemnification
When evaluating a request for defense or indemnification made by the censured member in litigation arising from the censured conduct, the record of the censure shall be considered by the Council. Such record shall not be determinative. Failure of the Council to censure the conduct of a member does not constitute a waiver of the Council’s right to refuse to indemnify or defend the member in an action.

xy.4 Notice and Opportunity to Cure
A Council Member may not be made the subject of a motion for censure without first being given notice of the alleged violation and an opportunity to correct the violation, if it can reasonably be corrected.

xy.5 Initiation of Proceedings
Upon a continued violation or failure to correct, the charged Council Member shall be given notice and an opportunity to be heard as follows:

(a) Initiated by Member. Only a sitting Council Member may initiate proceedings for the censure of one of its members.

(b) Statement of Charges. Proceedings shall be commenced by the presentation of a written statement of charges to the subject Council Member with a copy delivered concurrently to the City Clerk by the member initiating the charge. Initiation shall not require the prior approval of the Council. The statement of charges shall be given at least 10 days prior to the meeting at which 331

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36 Suisun City Council Norms & Procedures
the censure motion is proposed to be brought. The notice shall contain, at a minimum, the designation of the specific rule, law, regulation, etc., which the member is claimed to have violated and a statement of the date, place and time at which such violation occurred. The statement shall further contain a description of the conduct of the member which is alleged to constitute the violation. A copy of the statement of charges shall be delivered to all other Council Members.

(c) Response. Within 7 days after delivery of the statement of charges, the charged Council Member should deliver a written response to the other members of the Council unless the charged Council Member chooses to defer the response to the hearing.

xy.6 Hearing
(a) Generally. The motion for censure shall be agendized and considered at the first regular meeting occurring at least 10 days following the delivery of the statement of charges to the charged Council Member and City Clerk. The hearing may not be continued except upon the absence from the meeting of a member of the Council other than the initiating Council Member or the charged Council Member.

(b) Open Hearing. The hearing shall be conducted in an open session by the Mayor unless the Mayor is a party to the action, in which case the Vice Mayor or some other member shall conduct the proceedings.

(c) Procedure. The hearing shall generally proceed by a reading of the charges by the initiating Council Member or, in their absence, the Mayor. The initiating Council Member may present witnesses; the charged Council Member may answer in rebuttal; members of the public may speak in favor of or in opposition to the charge; and the remaining Council Members may speak to the charges in that order.

(d) Voting. Passage of the motion for censure shall require a majority vote of the Council. The voting Council Members shall not recess to closed session for deliberation.

9.7 Failure to Censure
If the motion for censure does not pass, the proceedings shall be concluded. A new motion for censure on the same grounds of violation may not thereafter be commenced against the same Council Member for a period of one (1) calendar year from date of the vote. However, new proceedings may be commenced on the same charges within the one (1) year period on the affirmative or unanimous vote of the non‐charged Council Members.

9.8 Sanctions
If the motion for censure does pass, such motion shall become a part of the public record, a copy of which shall be made available upon demand to any member of the public, subject to the City’s Uniform Schedule of Fees, and notice of same shall be placed in the administrative file of the Council Member. The Council may impose any sanctions authorized by law in conjunction with 332

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the censure of a Council Member. Additional sanctions may be imposed if the initial sanctions are ineffective.

SECTION 14. MAYOR’S OFFICE

The opportunity to meet with a member of the public is an honor. It also creates an opportunity for our citizens to know that their elected officials are willing to listen and willing to act. There is a place for meeting over coffee or food, as some discussions are best had when “breaking bread.” However, some discussions should happen in a professional environment, free from distractions allowing for private discussion.

To help facilitate meetings with members of the public as a Council Member, the Mayor’s office is listed as a Resource Room in Outlook for advance scheduling.

Reach out to
the Deputy City Clerk if you have questions regarding scheduling.

SECTION 15. VIOLATIONS OF PROCEDURES

Nothing in these Norms and Procedures shall invalidate a properly noticed and acted upon action of the City Council in accordance with State Law.

This document shall remain in effect until modified by resolution of the City Council.

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Elena Q. Gerli, City Attorney
May 23, 2023
• Adopted July 30, 2019
• Amended
• February 18, 2020
• February 15, 2022
• July 19, 2022
Aleshire W�nder
Background
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Language clean-up
• Remove provisions that are redundant.
• Clarify provisions as needed.
• Correct typographical errors.
• Change references to Mayor Pro Tern to Vice Mayor
(consistent with language in other local jurisdictions which use the term Vice Mayor).

Reorder and Consolidate
• Some sections can be consolidated, for example the sections on decorum by Council, speakers, and the public, and
provisions relating disruptive conduct can be consolidated. • All the sections that relate to meetings and procedures for public meetings should be consolidated or close together. 2 335
5 6
Censure Procedures
• The Norms lack censure provisions.
• Limited ability to penalize a member who is violating the rules and policies of the City.
• Censure procedures include due process for the
council member who may be subject to the censure.

Code of Ethics
• Some provisions, no full code.
• Can be adopted as a policy by resolution, or can be
incorporated into the municipal code.
3 336
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Social Media Policy
• Social media provisions are limited and outdated
• should be expanded and clarified
• suggest creating a policy that applies to not just the Council, but also to City officials and employees
City Attorney Responsibility
Add a section that broadly
articulates the City Attorney's
role.

A\\\
T
Quasi-judicial hearings
Add a section addressing the
Council's role for quasi
judicial proceedings.
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Mayor vacancy
• The Norms (and the Municipal Code) only address council vacancies.
• Reference in the Norms and the Code should be made to the process to fill a mayor vacancy, which is governed by its own Government Code section.

Meeting Dates
• Current first and third Tuesday, but any Tuesday meeting is a regular meeting.
• Possible change: second and fourth Tuesday, switch with PC. • Alternative: another day of the week.
• A change in meeting dates also would trigger amendments to the Code and the Planning Commission bylaws.
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Public Comment
• Current: comments max 3 minutes, Mayor may shorten the time depending on the number of speal<ers.
• Examples of alternatives:
• All comments limited to 2 minutes
• All comments 2 minutes, public hearings 3 minutes
• Quasi-judicial: applicant/appellant 5 minutes, 2 minutes for rebuttal, or at Mayor's discretion
• Limit the amount of time to e.g., 20 minutes on public comments on non-agenda items, with the remainder at end of meeting. • Note that no matter how late the meeting runs, if public comment isn't completed in the time allotted, time must be made at the end of the meeting. • Written public comment:
• Cutoff 2 hours before meeting?
Meetings
Remote Participation
• Add reference to
Government Code 54953
Disruptive Conduct
• Add reference to
Government Code 54957.95
Suggested Provisions
• Emergency meetings
• How public hearings are
conducted
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Required Trainings
• Council Members, Commissioners, and Committee members must received AB 1234 (Brown Act, Conflicts, Ethics) and sexual harassment prevention training every two years.
• Does the City Council want to add penalties, following notice and a reasonable period of time to comply, for those who do not complete timely training, such as removal from committees or commissions?
• Does the Council wish to add any other trainings, such as unconscious bias, housing laws, municipal finance?
• Should these trainings be mandatory or discretionary? .\\\.

Committee and Commission Appointments
• Currently, only persons who live within the City can be appointed.
• Does Council want to add an exception for committees
where it would be in the best interest of the city to have representation by persons who don't live in the City but who represent organizations whose input and participation would benefit the City?
7 340
15 16
Committee and Commission Appointments
• Currently, only persons who live within the City can be appointed.
• Does Council want to add an exception for committees
where it would be in the best interest of the city to have representation by persons who don't live in the City but who represent organizations whose input and participation would benefit the City?
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AGENDA ITEM NO. 25

AGENDA TRANSMITTAL

MEETING DATE:

May 23, 2023

CITY AGENDA ITEM:

Successor Agency Adoption of Resolution SA 2023-___: Resolution of the Successor Agency to the Redevelopment Agency of the City of Suisun City approving the agreement for the Purchase and Sale of Real Property and Joint Escrow Instructions with Larson 1240, LLC for the transfer of property located at 1240 Kellogg Street, City of Suisun City (Solano County Assessor’s Parcel Number 0032-200-330).

FISCAL IMPACT:

The Successor Agency (SA) will realize approximately $500,100 in proceeds from the sale of its property. The proceeds will be distributed to the affected taxing entities pursuant to redevelopment agency dissolution law.

STRATEGIC PLAN:

Provide Good Governance and Develop Sustainable Economy.

BACKGROUND:

On May 26, 2022, the Successor Agency of the Redevelopment Agency of the City of Suisun City requested proposals to purchase property owned by the Successor Agency at 1240 Kellogg Street. The 0.85-acre site was listed as Waterfront Commercial zoned property improved with a 10,500 square-foot commercial building and a 0.50-acre asphalt paved and fenced yard (Attachment 2, Property Map). The Request for Proposal (RFP) included a series of focused questions relating to the planned use of the property and offered proposers an opportunity to tour the site. The RFP clearly explained that proposals of job creation potential, market demand, and the highest economic and financial benefit to the City would be highly desirable. Garland & Salmon appraised the property, determining that the property was worth $500,000.

The SA allowed over a month for proposers to complete due diligence before submitting a proposal.

Potential proposers could meet with staff during due diligence, tour the site, and research property information. The RFP closed on July 11, 2022, and the SA received eight submissions. Once the review process commenced, the selection was suspended, allowing for the seating of a new City Council.

Since the new calendar year (2023), staff reviewed and narrowed the proposals based on the criteria established in the RFP. After a series of SA closed-session discussions to discuss the proposers' initial offer of $325,000, the applicant agreed to increase the purchase price to $500,100. With this increase, staff received direction from the SA to move forward with a Purchase Sale agreement with Larson Marine for the operation of a marine dealership just above the appraised value. Larson Marine is a family-owned boat dealership with 50 years of experience in the marine sales sector. Larson Marine has two locations in Rancho Cordova (Sacramento area) and Stockton, with approximately $30 mil per year in gross sales between the two stores. The Suisun City store will be a direct market location for Napa, Walnut Creek, San Jose, San Ramon, and more and will cater to those looking for high-end marine products. Sales values range from $125k to $275k, and internal data reflects that 30% of the units sold are over $200,000.

STAFF REPORT:

The 0.85-acre site comprises an existing commercial building, an asphalt-paved parking area, and a fenced yard. Larson Marine is purchasing the property in an as-is condition with the understanding that the building requires repairs and maintenance. Part of the applicant’s due diligence 343
included a cost analysis of the necessary physical improvements to enhance and bring the building to meet code standards. The proposal details approximately $365,000 to make the building code improvements to the building. These improvements are not factored into the cost of the property but only reflect that upon the sale of the property, the City will see costly physical improvements made by Larson Marine to enhance the property (Attachment 3, Proposal).

As outlined below, staff has negotiated an Agreement for the Purchase and Sale of Real Property with Larson Marine, legally referred to as Solano County Assessor’s Parcel Number 0032-200-330. The terms of the agreement are outlined below:

Property Description: 0.85 Acres (Solano County Assessor’s Parcel Number 0032-200- 330).

Purchase Price: $500,100 as determined by an appraisal prepared by Garland & Salmon and price increase by Larson Marine.

Deposit: $50,000 – due opening of escrow.

Escrow Opening: Three days upon execution of agreement - Five-day default.

Due Diligence: 45 days (upon opening of escrow).

Close of Escrow: 45 days – Due diligence complete.

Property Condition: As Is.

STAFF RECOMMENDATION:

Successor Agency Adoption of Resolution SA 2023-___:

Resolution of the Successor Agency to the Redevelopment Agency of the City of Suisun City approving the agreement for the purchase and sale of real property and joint escrow instructions with Larson 1240, LLC for the transfer of property located at 1240 Kellogg Street, City of Suisun City (Solano County Assessor’s Parcel Number 0032-200-330).

DOCUMENTS ATTACHED:
1 .

Successor Agency Adoption of Resolution SA 2023-___: Resolution of the Successor Agency to the Redevelopment Agency of the City of Suisun City approving the agreement for the purchase and sale of real property and joint escrow instructions with Larson 1240, LLC for the transfer of property located at 1240 Kellogg Street, City of Suisun City (Solano County Assessor’s Parcel Number 0032-200-330)
2 .

Agreement for Purchase and Sale of Real Property
3 .

Property Location Map
4 .

Proposal
5 .

PowerPoint Presentation

PREPARED BY:

Jim Bermudez, Development Services Director
REVIEWED BY:

Greg Folsom, City Manager
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:
1 Resolution Approving Agreement for Purchase and Sale of Real Property 1240 Kellogg St.pdf 2 Agreement for Purchase of Sale of Real Property.pdf
3 Property Location Map.pdf
4 Proposal.pdf
5 PowerPoint Presentation.pdf
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RESOLUTION NO. S A 2023-__

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT

AGENCY OF THE CITY OF SUISUN CITY APPROVING THE AGREEMENT FOR

THE PURCHASE AND SALE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS WITH LARSON 1240, LLC FOR THE TRANSFER
OF PROPERTY LOCATED AT 1240 KELLOGG STREET, CITY OF SUISUN CITY (SOLANO COUNTY ASSESSOR’S PARCEL NUMBER 0032-200-330)

WHEREAS, the California State Legislature enacted Assembly Bill 1X26 (the “Dissolution Act ”) to dissolve redevelopment agencies formed under the Community Redevelopment Law (Health and Safety Code Section 33000 et seq.).

WHEREAS, pursuant to Health and Safety Code §34173, the City Council of the City of Suisun City declared that the City of Suisun City would act as successor agency (the “Successor Agency ”) for the dissolved Redevelopment Agency of the City of Suisun City, effective February 1, 2012.

WHEREAS, the Dissolution Act provides for the appointment of an oversight boar d (the “Suisun City Oversight Board”) with specific duties to approve certain Successor Agency actions pursuant to Se ction 34180 of the Health and Safety Code and to direct the Successor Agency in certain other actions pursuant to Section 34181 of the Health and Safety Code.

WHEREAS, t he Successor Agency is the owner of t hat certain improved real property located at 1240 Kellogg Street , City of Suisun City, County of Solano, State of California (Assessor Parcel Number: 0032-200-330) (“Property”).

WHEREAS, pursuant to Suisun City Oversight Board Resolution 2017-01 adopted in February 2017 and Section 34181 of the Health and Safety Code , the Suisun City Oversight Board directed the Successor Agency to dispose of certai n assets, including the property located at 1240 Kellogg Street.

WHEREAS, the Consolidated Oversight Board of Solano County was established in accordance with the California Health and Safety Code Section 34179(j) to oversee the activities of the six redevelopment successor agencies in Solano County, thereby replacing all other redevelopment successor agency oversight boards, effective July 1, 2018; and 345

Resolution No. SA 2023-__
Adopted May 23, 2023

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WHEREAS, pursuant to Department of Finance correspondence, dated July 14, 2017, to the City ’s then -Economic Development Director, the Property w as approved for s ale, which sale must be approved by the oversight board, now the S olano Consolidated Oversight Board.

WHEREAS, the Successor Agency on May 26, 2022, circulated a Request fo r Proposals, soliciting proposals for the sale and transfer of the Property , and on or be fore July 11, 2022, at 5:00 p.m., the Successor Agency received seven proposals, a nd after c areful consideration, the A gency determined t hat the Larson 1240, LLC proposal was the proposal that best suits the interests of the Successor Agency and the City.

WHEREAS, the Successor Agency and Larson 1240, LLC have negotiated ter ms of an Agreement for Purchase and Sal e of Real Property and Joint Escrow Instructions (the “Agreement”) associated with the Property.

WHEREAS, the Agency desires to sell the Property to Larson 1240, LLC pursuant to the terms and conditions of the Agr eement, at t he price provided for it t he appraisal date d April 24, 2020.

WHEREAS, the proceeds from the sal e of the Property will be distributed to the affected taxing entities pursuant to the provisions of the Dissolution Act.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL ACTING

AS SUCCESSOR AGENCY TO THE REDE VELOPMENT AGENCY OF THE CITY OF SUISUN CITY, AS FOLLOWS:

Section 1. The above recitals are true and correct.

Section 2. The Executive Director of the Agency is hereby authorized on behalf of the Successor Agency to the Redevelopment Agency of the City of Suisun City to execute the Purchase and Sale Ag reement and Joint Escrow Instructions (“Agreement”), for the property located at 1240 Kellogg Street, City of Suisun, Count y of Solano ( APN 0032-200-330), subject to the necessary approvals from the Sola no Consolidated Oversight Board and the Department of Finance, and to make revisions to the Agreement that do not materially or substantially increase the Successor Agency’s obligations thereunder, to sign all documents, to make all approvals and take all actions necessary or appropriate to carry out and implement 346

Resolution No. SA 2023-__
Adopted May 23, 2023

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the Agreement and to administer the Successor Agency’s obligations, res ponsibilities and duties to be performed under the Agreement and related documents.

PASSED AND ADO PTED at a re gular meeting of the City Council A cting as Successor Agency to the Redevelopment Agency of the City of Suisun City duly held on Tuesday, the 23rd day of May 2023, by the following vote:

AYES: Boardmembers:

NOES: Boardmembers:

ABSENT: Boardmembers:

ABSTAIN: Boardmembers:

WITNESS my hand and the seal of said City this 23rd day of May 2023.

________________________________
Donna Pock, CMC
Deputy Secretary
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01107.0021/871131.3 1

AGREEMENT FOR PURCHASE AND SALE

OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS

THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS ( “Agreement”) is made this ___ day of ________, 2023 by and between ROBERT LARSON AND KATHLEEN LARSON, husband and wife (“Buyer”) and SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SUISUN CITY, a public body, corporate and politic (“Seller”). PLACER TITLE COMPANY, a California corporation shall act as escrow (“Escrow Holder”).

R E C I T A L S:

A. Seller is the owner of that certain improved real property on 1240 Kellogg Street, in the City of Suisun City , County of Solano, State of California (A ssessor Parcel No. 0032-200-330), more particularly described in Exhibit “A” attached hereto and by this reference incorporated herein (“Property”).

B. 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.

C. The disposition of the Property is being 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.

D. The California Department of Ho using 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, entitlements are issued for the property, a deed restriction must be recorded. The deed restriction provides that if more than 10 residential units are built on the Property, at least 15% of the units shall be sold or rented at an affordable housing cost, as defined by State law.

E. Seller is willing to sell and Buyer is willing to buy , the Property pursuant to the terms of this Agreement and subject to the mandatory restriction specified above.

NOW, THEREFORE, in consideration of the mutual covenants set forth herein and incorporating the Recitals, the parties hereto agree as follows:

TERMS AND CONDITIONS:

1. PURCHASE AND SALE OF PROPERTY. Buyer agrees to purchase from Seller, 348
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01107.0021/871131.3 2
and Seller agrees to sell to Buyer the Property in AS-IS condition upon the terms and conditions in this Agreement.

2. EFFECTIVE DATE; OPENING OF ESCROW.

2.1 Effective Date . This Agreement shall be deemed effective upon execution of the Agreement by Seller after the approval by the Seller’s Board as required by law (“Effective Date”).

2.2 Opening of Escrow . Within three (3) days after the execution of this Agreement by Seller, the parties shall open an escrow (Escrow) with Placer Title Company (Escrow Holder ) by causing an executed copy of this Agreement to be deposited with Escrow Holder which Escrow Holder shall sign and accept . Escrow shall be deemed opened upon Escrow Holder’s receipt of all of the following (“ Opening of Escrow”): (i) the executed copies of this Agreement; and (ii) Buyer delivers the Deposit (defined in Section 3.2a). If Escrow is not opened (as defined above) within five (5) days after the Effective Date , Seller shall have the right to terminate this Agreement upon written notice to Buyer and Escrow Holder prior to the actual Opening of Escrow.

3. PURCHASE PRICE; PAYMENT OF PURCHASE PRICE.

3.1 Purchase Price. The Purchase Price is Five Hundred Thousand One Hundred Dollars ($500,100) (“Purchase Price”).

3.2 Payment of Purchase Price.
a. Deposit. Upon Opening of Escrow, Seller shall deliver the Deposit to Escrow Holder in the amount of Fifty Thousand Dollars ($50,000) (“Deposit”).
b. Release of Deposit. If Buyer delivers the Disapproval and Termination Notice in accordance with Section 7.2, the Deposit shall be promptly returned to Buyer by Escrow Holder. If Buyer does not deliver the Disapproval and Termination Notice in accordance with Section 7.2, the Deposit shall be promptly released to Seller by Escrow Holder, provided Seller shall promptly return the Deposit to Buyer if Buyer is entitled to the Deposit as provided in Section 12.5 below. Each party agrees to promptly execute and deliver any documents requested by Escrow Holder to effect the release of the Deposit as specified above.
c. Balance of Purchase Price. Buyer shall deposit the balance of the Purchase Price with Escrow Holder in Good Funds (as defined below) at least one (1) business day prior to the Closing Date.

3.3 Good Funds. All funds deposited in Escrow shall be in “ Good Funds” which means a wire transfer of funds, cashier's or certified check drawn on or issued by the offices of a financial institution located in the State of California. 349
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01107.0021/871131.3 3

4. FUNDS AND DOCUMENTS REQUIRED FROM BUYER AND SELLER.

4.1 Seller. Seller agrees that on or before 12:00 noon at least one (1) business day prior to the Closing Date, Seller will deposit with Escrow Holder such funds and other items and instruments (executed and acknowledged, if appropriate) as may be necessary in order for the Escrow Holder to comply with this Agreement, including without limitation:
i. Executed and acknowledged grant deed substantially in the form attached hereto as Exhibit B (“Grant Deed ”) and such other documents as reasonably required by Title Company.
ii. Two (2 ) executed and acknowledged Covenant Agreement in the form attached hereto as Exhibit C (“Covenant Agreement”).
iii. A Non-Foreign Affidavit as required by federal law. iv. Such funds and other items and instruments as may be necessary in order for Escrow Holder to comply with this Agreement.

4.2 Buyer. Buyer agrees that on or before 12:00 noon at least one (1) business day prior to the Closing Date, Buyer will deposit with Escrow Holder all additional funds and/or documents (executed and acknowledged, if appropriate) which are necessary to comply with the terms of this Agreement, including without limitation:
(i) A Preliminary Change of Ownership Statement completed in the manner required in Solano County (“PCOR”).
(ii) Two (2) executed and acknowledged copies of the Covenant Agreement. (iii) Such funds and other items and instruments as may be necessary in order for Escrow Holder to comply with this Agreement.

5. CLOSING DATE; EXTENSION OPTIONS; TIME IS OF ESSENCE.

5.1 Closing Date. Escrow shall close within forty -five (45) days after Buyer has provided the approval by the Due Diligence Expiration Date (pursuant to Section 7), no (“Closing Date”) unless extended as evidenced by a writing signed by both parties.

The terms “Close of Escrow” and/or “Closing” are used herein to mean the date that the (i) Grant Deed, and (ii) the Covenant Agreement are filed for recording by the Escrow Holder in the Office of the County Recorder of Solano County, California in that specific order.

5.2 Possession. Upon the Close of Escrow, Seller shall deliver exclusive possession of the Property to Buyer.

5.3 Time is of Essence. Buyer and Seller specifically agree that time is of the essence under this Agreement.
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5.4 Authority of Executive Director . Seller by its execution of this Agreement hereby agrees that the Executive Director of Seller or designee (who has been designated by Executive Director’s written notice delivered to Buyer and Escrow Holder) shall, in Executive Director’s sole and exclusive discretion, have authority:

(i) to execute documents on behalf of Seller including, but not limited to, issuing approvals, disapprovals and extensions. Any such approval, disapproval or extension executed by the Executive Director or their designee shall be binding on Seller.
(ii) make minor modifications to this Agreement in order to fulfill the direction of the Agency Board, provided that such minor modifications must be approved by the Agency’s Counsel.

6. TITLE POLICY.

6.1 Approval of Title . Promptly following execution of this Agreement but , in no event later than five (5) days following Opening of Escrow, a preliminary title report shall be issued by Placer Title Company (“Title Company”), describing the state of title of the Property, together with copies of all exceptions listed therein and a map plotting all easements specified therein (“Preliminary Title Report”). Within fourteen (14) days after Buyer’s receipt of the Preliminary Title Report, Buyer shall notify Seller in writing (“Buyer’s Title Notice ”) of Buyer ’s disapproval of any matters contained in the Preliminary Title Report except that Buyer may not disapprove any title exceptions caused by Buyer’s entry onto the Property pursuant to Section 7 (“Disapproved Exceptions”).

In the event Buyer delivers Buyer’s Title Notice within said period, Seller shall have a period of seven (7) days after receipt of Buyer’s Title Notice in which to notify Buyer of Seller’s election to either (i) agree to attempt to remove the Disapproved Exceptions prior to the Close of Escrow; or (ii) decline to remove any such Disapproved Exceptions (“Seller’s Notice”). If Seller notifies Buyer of its election to decline to remove the Disapproved Exceptions, or if Seller is unable to remove the Disapproved Exceptions, Buyer may elect either to terminate this Agreement and the Escrow or to accept title to the Property subject to the Disapproved Exception(s). Buyer shall exercise such election by delivery of written notice to Seller and Escrow Holder within five (5) days following the earlier of (i) the date of written advice from Seller that such Disapproved Exception(s) cannot be removed; or (ii) the date Seller declines to remove such Disapproved Exception(s).

Upon the issuance of any amendment or supplement to the Preliminary Title Report which adds additional exceptions, the foregoing right of review and approval shall also apply to said amendment or supplement, provided, however, that Buyer ’s initial period of review and approval or disapproval of any such additional exceptions shall be limited to five (5) days following receipt of notice of such additional exceptions.

6.2 Title Policy. At the Close of Escrow, Escrow Holder shall furnish Buyer with an ALTA owner’s non-extended Policy of Title Insurance insuring title to the Property 351
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vested in Buyer with coverage in the amount of the Purchase Price, containing only the exceptions to such title (i) which have been approved or waived by Buyer in accordance with Section 6.1; and (ii) the Covenant Agreement (“Title Policy”). The cost of the Title Policy to Buyer shall be paid by Buyer.

7. DUE DILIGENCE.

7.1 Due Diligence. Seller has provided Buyer with any and all documents and information in Seller’s possession and control concerning the Property including contracts, leases, and reports. Commencing with the Effective Date, Buyer shall have the right at its cost to conduct such engineering, feasibility studies, soils tests, environmental studies and other investigations as Buyer in its sole discretion may desire, to permit Buyer to determine the suitability of the Property for Buyer’s contemplated uses and to conduct such other review and investigation which Buyer deems appropriate to satisfy itself to acquire the Property, including Buyer secur ing financing and necessary entitlements for Buyer’s proposed project.

7.2 Disapproval of Due Diligence Matters. No later than forty five (45) days from the Opening of Escrow (“Due Diligence Expiration Date”), Buyer may, in its sole discretion, notify Seller in writing (with a copy to Escrow Holder ) of (i) its disapproval of the due diligence matters (excluding title matters which are to be approved or disapproved pursuant to Section 6) in its sole discretion; and (ii) its election to terminate this Agreement and Escrow (“Disapproval and Termination Notice”).

If Buyer sends the Disapproval and Termination Notice in the time and manner specified above, the parties shall execute any documents required by Escrow Holder and upon receipt of said documents executed by the parties, Escrow Holder shall return the Deposit (less any cancellation charges) to Buy er. If Buyer does not deliver the Disapproval and Termination Notice in the time and manner specified above, Buyer shall conclusively be deemed to have approved due diligence matters.

7.3 Right to Enter the Property . Commencing with the Effective Date, Seller grants Buyer, its agents and employees a limited license to enter upon the Property for the purpose of conducting engineering surveys, soil tests, investigations or other studies reasonably necessary to evaluate the condition of the Property, which studies, surveys, reports, investigations and tests shall be done at Buyer’s sole cost and expense.

Prior to entry onto the Property, Buyer shall (i) notify Seller the date and purpose of each intended entry together with the names and affiliations of the persons entering the Property; (ii) conduct all studies in a diligent, expeditious and safe manner and not allow any dangerous or hazardous conditions to occur on the Property during or after such investigation; (iii) comply with all applicable laws and governmental regulations; (iv) allow an employee of Seller to be present at Seller’s election; (v) keep the Property free and clear of all materialmen’s liens, lis pendens and other liens arising out of the entry and work performed under this provision; (vi) maintain or assure maintenance of workers ’ compensation insurance (or state approved self -insurance) on all persons entering the Property in the amounts required by the State of California; (vii) provide to Seller prior to initial entr y a certificate of insurance evidencing that Buyer has procured and paid 352
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premiums for an all -risk public liability insurance policy written on a per occurrence and not claims made basis in a combined single limit of not less than TWO MILLION DOLLARS ($2,000,000) which insurance names Seller as additional insured. Buyer shall return the Property to substantially its original condition following Buyer’s entry. Following Buyer’s entry, Buyer shall provide Seller copies of all studies, surveys, reports, investigations and other tests derived from any inspection (“ Reports”); and to take the Property at Closing subject to any title exceptions caused by Buyer exercising this right to enter.

Buyer agrees to indemnify, and hold Seller free and harmless from and agai nst any and all losses, damages (whether general, punitive or otherwise), liabili ties, claims, causes of action (whether legal, equitable or administrative), judgments, court costs and legal or other expenses (including reasonable attorneys’ fees) which Seller may suffer or incur as a consequence of Buyer’s exercise of the license granted pursuant to this Section

7.3 or any act or omission by Buyer, any contractor, subcontractor or material supplier, engineer, architect or other person or entity acting by or under Buyer (except Seller and its agents) with respect to the Property during the term of this Agreement, excepting any and all losses, damages (whether general, punitive or otherwise), liabili ties, claims, causes of action (whether legal, equitable or administrative), judgments, court costs and legal or other expenses (including reasonable attorneys ’ fees) arising from the mere discovery by Buyer of any hazardous materials or conditions and excepting to the extent such claims arise out of the negligence or misconduct of Seller. Buyer’s obligations under this Section 7.3 shall survive termination of this Agreement for any reason. The parties agree that breach of any Property entry or restoration conditions in this Section 7.3 shall constitute a material breach of this Agreement.

7.4 Natural Hazard Disclosure Report. Upon Opening of Escrow, Escrow Holder shall order a commercial Natural Hazards Disclosure report for the Property by Disclosure Source (“NHD Report”) to be delivered to Buyer by Escrow Holder. Buyer shall have the right to review the NHD Report during the Due Diligence Period. Seller shall pay for the NHD Report.

8. CONDITIONS PRECEDENT TO CLOSE OF ESCROW.

8.1 Conditions to Buyer’s Obligations. The obligations of Buyer under this Agreement are subject to the satisfaction or written waiver, in whole or in part, by Buyer of each of the following conditions precedent (“Buyer’s Conditions Precedent”):
i. Title Company will issue the Title Policy as specified in Section 6.2. ii. Buyer has not issued the Disapproval and Termination Notice pursuant to Section 7.2.
iii. Escrow Holder holds and will deliver to Buyer the instruments and funds, if any, accruing to Buyer pursuant to this Agreement.
iv. Seller is not in default of its obligations under this Agreement. 353
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v. All of Seller’s representations and warranties contained herein shall have been true and correct when made and unless otherwise disclosed to Buyer in writing by Seller prior to the Closing Date, shall be true and correct, to the best of Seller’s knowledge, as of the Closing Date.

8.2 Conditions to Seller’s Obligations. The obligations of Seller under this Agreement are subject to the satisfaction or written waiver, in whole or in part, by Seller of the following conditions precedent:
i. Buyer has delivered the balance of the Purchase Price to Escrow Holder. ii. Buyer has not issued the Disapproval and Termination Notice pursuant to Section 7.2.
iii. Title Company will issue the Title Policy as specified in Section 6.2. iv. Escrow Holder holds and will deliver to Seller the instruments and funds accruing to Seller pursuant to this Agreement.
v. Buyer is not in default of its obligations under this Agreement.

9. LIQUIDATED DAMAGES.

IF BUYER SHOULD MATERIALLY DEFAULT UNDER THIS AGREEMENT,

BUYER AND SELLER AGREE THAT SELLER WILL INCUR DAMAGES BY

REASON OF SUCH DEFAULT WHICH DAMAGES SHALL BE IMPRACTICAL AND EXTREMELY DIFFICULT, IF NOT IMPOSSIBLE, TO ASCERTAIN.

THEREFORE, BUYER AND SELLER, IN A REASONABLE EFFORT TO
ASCERTAIN WHAT SELLER’S DAMAGES WOULD BE IN THE EVENT OF SUCH

DEFAULT BY BUYER HAVE AGREED BY PLACING THEIR INITIALS BELOW

THAT THE DEPOSIT SHALL CONSTITUTE A REASONABLE ESTIMATE OF SELLER’S DAMAGES UNDER THE PROVISIONS OF SECTIONS 1671 AND 1677

OF THE CALIFORNIA CODE OF CIVIL PROCEDURE FOR A BREACH PRIOR TO THE CLOSING. SUCH LIQUIDATED DAMAGES SHALL CONSTITUTE SELLER’S

SOLE AND EXCLUSIVE REMEDY (WHETHER AT LAW OR IN EQUITY) AGAINST BUYER ON ACCOUNT OF BUYER’S DEFAULT THAT RESULTS IN A FAILURE

TO CLOSE UNDER THIS AGREEMENT AND SELLER SHALL BE RELEASED FROM ITS OBLIGATION TO CONVEY THE PROPERTY TO BUYER. SELLER

HEREWITH WAIVES ALL OTHER CLAIMS OR CAUSES OF ACTION AGAINST BUYER OR BUYER’S AGENTS AND EMPLOYEES, INCLUDING ANY CLAIMS

ARISING BY STATUTE OR COMMON LAW, WHETHER SUCH CLAIMS BE CHARACTERIZED AS CONTRACT OR TORT CLAIMS. THIS LIQUIDATED

DAMAGES PROVISION DOES NOT APPLY TO OR LIMIT IN ANY WAY THE INDEMNITY OBLIGATIONS OF BUYER UNDER THIS AGREEMENT.

___________________

___________________
Seller’s Initials Buyer’s Initials
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10. CONDITION OF THE PROPERTY.

10.1 Disclaimer of Warranties. Upon the Close of Escrow, Buyer shall acquire the Property in its “ AS-IS” condition and Buyer shall be responsible for any defects in the Property, whether patent or latent, including, without limitation, the physical, environmental and geotechnical condition of the Property, and the existence of any contamination, Hazardous Materials, vaults, debris, pipelines, or other structures located on, under or about the Property, and, except as specifically set forth in Section 11, Seller makes no other representation or warranty concerning the physical, environmental, geotechnical or other condition of the Property, and Seller specifically disclaims all representations or warranties of any nature concer ning the Property made by it. The foregoing disclaimer includes, without limitation, topography, climate, air, water rights, utilities, soil, subsoil, existence of Hazardous Materials or similar substances, the purpose for which the Property is suited, or drainage.

10.2 Hazardous Materials. Buyer understands and agrees that, except as otherwise provided in this Agreement, in the event Buyer incurs any loss or liability concerning Hazardous Materials (as hereinafter defined) and/or underground storage tanks whether attributable to events occurring prior to or following the Closing, then Buyer may look to current or prior owners of the Property, but, in no event, shall Buyer look to Seller for any liability or indemnification regarding Hazardous Materials and/or underground storage tanks. Buyer, from and after the Closing, except as otherwise provided in this Agreement, hereby waives, releases, remises, acquits and forever discharges Seller, and each of the entities constituting Seller, if any, of and from any and all Environmental Claims, Environmental Cleanup Liability and Environmental Compliance Costs, as those terms are defined below, and from any and all actions, suits, legal or administrative orders or proceedings, demands, actual damages , punitive damages, loss, costs, liabilities and expenses, which concern or in any way relate to the physical or environmental conditions of the Property, the existence of any Hazardous Material thereon, or the release or threatened release of Hazardous Materials there from, whether existing prior to, at or after the Closing. It is the intention of the parties pursuant to this release that any and all responsibilities and obligations of Seller, and any and all rights, claims, rights of action, causes of action, demands or legal rights of any kind of Buyer, its successors, assigns or any affiliated entity of Buyer, against the Seller, arising by virtue of the physical or environmental condition of the Property, the existence of any Hazardous Materials thereon, or any release or threatened release of Hazardous Material there from, whether existing prior to, at or after the Closing, are by this release provision, and except as otherwise provided in this Agreement, declared null and void and of no present or future force and effect as to the parties; provided, however, that no parties other than the Indemnified Parties (defined below) shall be deemed third party beneficiaries of such release.

In connection therewith, Buyer and each of the entities constituting Buyer, expressly agree to waive any and all rights which said party may have with respect to such released claims under Section 1542 of the California Civil Code which provides as follows:

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“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Buyer Initials___________ Seller Initials __________
Notwithstanding anything in this Agreement to the contrary, the release provision in this Section 10.2 shall not apply to any breach by Seller of a representation or warranty set forth in Section 11.1(b) & (h) only concerning Hazardous Materials, any Environmental Claim, and any Environmental Cleanup Liability (“Specific Representations”). To the extent of a breach by Seller of a Specific Representation then the foregoing release provision shall not apply to such br each unless Buyer was aware of the breach prior to Closing and chose to Close.

For purposes of this Agreement, the following terms shall have the following meanings:
“Environmental Claim” means any claim for personal injury, death and/or property damage made, asserted or prosecuted by or on behalf of any third party, including, without limitation, any governmental entity, relating to the Property or its operations and arising or alleged to arise under any Environmental Law. “Environmental Cleanup Liability ” means any cost or expense of any nature whatsoever incurred to contain, remove, remedy, clean up, or abate any contamination or any Hazardous Materials on or under all or any part of the Property, including the ground water hereunder, including, without limitation, (i) any direct costs or expenses for investigation, study, assessment, legal representation, cost recovery by governmental agencies, or ongoing monitoring in connection therew ith and (ii) any cost, expense, loss or damage incurred with respect to the Property or its operation as a result of actions or measures necessary to implement or effectuate any such containment, removal, remediation, treatment, cleanup or abatement.
“Environmental Compliance Cost ” means any cost or expense of any nature whatsoever necessary to enable the Property to comply with all applicable Environmental Laws in effect. “Environmental Compliance Cost ” shall include all costs necessary to demonstrate that the Property is capable of such compliance. “Environmental Law ” means any federal, state or local statute, ordinance, rule, regulation, order, consent decree, judgment or common-law doctrine, and provisions and conditions of permits, licenses and other operating authorizations relating to (i) pollution or protection of the environment, including natural resources, (ii) exposure of persons, including employees, to Hazardous Materials or other products, raw materials, chemicals or other substances, (iii) protection of the public health or welfare from the effects of by - products, wastes, emissions, discharges or releases of chemical sub- stances from industrial or commercial activities, or (iv) regulation of the manufacture, use or introduction into commerce of chemical substances, including, without limitation, their 356
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manufacture, formulation, labeling, distribution, transportation, handling, storage and disposal.
“Hazardous Material ” is defined to include any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government. The term “Hazardous Material ” includes, without limitation, any material or substance which is: (i) petroleum or oil or gas or any direct or derivate product or byproduct thereof; (ii) defined as a “hazardous waste,” “extremely hazardous waste” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health and Safety Code; (iii) defined as a “ hazardous substance” under Section 25316 of the California Health and Safety Code; (iv) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Sections 25501(o) and (p) and 25501.1 of the California Health and Safety Code (Hazardous Materials Release Response Plans and Inventory); (v) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code (Underground Storage of Hazardous Substances); (vi) “used oil” as defined under Section 25250.1 of the California Health and Safety Code; (vii) asbestos; (viii) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Article 1 of Title 22 of the California Code of Regulations, Division 4, Chapter 30; (ix) defined as “waste” or a “hazardous substance” pursuant to the Porter -Cologne Act, Section 13050 of the California Water Code; (x) designated as a “toxic pollutant” pursuant to the Federal Water Pollut ion Control Act, 33 U.S.C. §1317; (xi) defined as a “hazardous waste” pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S. C. §6901, et seq. (42 U.S.C. § 6903); (xii) defined as a “ hazardous substance” pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601, et seq. (42 U.S.C. §9601); (xiii) defined as “Hazardous Material” or a “Hazardous Substance” pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; or (xiv) defined as such or regulated by any “Superfund” or “Superlien” law, or any other federal, state or local law, statute, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials, oil wells, underground storage tanks, and/or pipelines, as now, or at any time hereafter, in effect.

Notwithstanding any other provision of this Agreement, Buyer’s release as set forth in the provisions of this Section, as well as all other provisions of this Section, shall survive the termination of this Agreement and shall continue in perpetuity.

11. REPRESENTATIONS AND WARRANTIES.

11.1 General Representations and Warranties.

Seller hereby makes the following representations and warranties to Buyer, each of which is true in all respects as of the Opening of Escrow and shall be true in all respects on the date of Close of Escrow on the Property to the best of knowledge of Seller’s existing staff without duty to investigate:
(a) There are no contracts, leases, claims or rights affecting the Property 357
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and no agreements entered into by or under Seller which shall survive the Close of Escrow except as heretofore disclosed in writing by Seller to Buyer on or before the Effective Date.
(b) Seller has not received any written notice from any third parties, prior owners of the Property, of any federal, state, or local governmental agency, indicating that any H azardous Materials, Environmental Claim, Environmental Cleanup Liability exists or applies to the Property, nor does Seller have any knowledge that any Hazardous Materials, Environmental Claim, or Environmental Cleanup Liability exists or applies to the Property.
(c) There are no e asements or encroachments onto the Property by buildings or improvements from any adjoining property.
(d) Seller is not a foreign person as defined in Internal Revenue Code Section 1445(f)(3).
(e) There are no pending or, to Seller’s knowl edge without any duty of investigation, any threatened proceedings in eminent domain or otherwi se, which would affect the Property or any portion thereof.
(f) Seller has not received any written notice of any exi sting or threatened litigation or arbitration involving the Property, and, to Seller’s knowledge, there is no such litigation or arbitration involving the Property.
(g) Seller has not received any written notice of any currently outstanding violations of any federal, state, county or city ordinance, order, regulation or requirement affecting the Property and, to Seller’s knowledge, there are not such violations affecting the Property.
(h) (i) Seller has not caused or knowingly permitted the storage, use, generation, migration, release, handling or disposal of any Hazardous Materials in, on, or about the Property by Seller or any agents, employees, contractors, licensees, tenants, subtenants, customers, clients, guests or invitees of Seller, except in compliance with Environmental Laws; (ii) there has been no release and there is no threatened release of any Hazardous Material in, on, under, about or adjacent to the Property; and (iii) Seller is not aware of any Hazardous Materials migrating to or from the Property. (i) Seller has the power and authority to enter into this Agreement and convey the Property to Buyer and to execute and deliver the other documents referred to herein and to perform hereunder and thereunder on behalf of Seller. This Agreement has been duly authorized by all necessary action on behalf of Seller and executed by an authorized signatory on behalf of Seller and properly delivered to Buyer. (j) Seller, in entering into this Agreement and in conveying the Property to Buyer as contemplated herein, has fully complied with all provisions of the Act.

12. Survival of Representations and Warranties of Seller. The representations and 358
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warranties provided in this Section 11 shall survive the Closing and delivery of the Grant Deed for a period of two (2 ) year s after the Closing. However, if any failure of a representations or warrant is known to Buyer prior to the Closing, Buyer may, in its discretion, elect to either (i) terminate this Agreement in writing, or (ii) Close in which case the known failure is waived as of Closing.

13. E SCROW PROVISIONS.

13.1 Escrow Instructions. Sections 1 through 6, inclusive, 8, 1 2, 15 and 16 constitute the escrow instructions to Escrow Holder. If required by Escrow Holder, Buyer and Seller agree to execute Escrow Holder’s standard escrow instructions, provided that the same are consistent with and do not conflict with the provisions of this Agreement. In the event of any such conflict, the provisions of this Agreement shall prevail. The terms and conditions in sections of this Agreement not specifically referenced above are additional matters for information of Escrow Holder, but about which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holder’s general provisions directly from Escrow Holder and will execute such provision upon Escrow Holder’s request. To the extent that the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller agree to execute additional instructions, documents and forms provide by Escrow Holder that are reasonably necessary to close Escrow.

13.2 General Escrow Provisions. Escrow Holder shall deliver the Title Policy to the Buyer and instruct the Solano County Recorder to mail (i) the Grant Deed to Buyer at the address set forth in Section 15 after recordation; and (ii) the Covenant Agreement to Seller at the address set forth in Section 15 after recordation. All funds received in this Escrow shall be deposited in one or more general escrow accounts of the Escrow Holder with any bank doing business in Solano County, California, and may be disbursed to any other general escrow account or accounts. All disburse ments shall be according to that party’s instructions.

13.3 Proration of Real Property Taxes . As a public agency, Seller is not subject to real property taxes. According, Buyer shall take the Property subject to non - delinquent general and special real property taxes prorated to the Close of Escrow prorated on the basis of a thirty (30) day month and a three hundred sixty (360) day year.

13.4 Payment of Costs.
a. Cost Allocation. Seller shall only pay the documentary transfer taxes and one-half (1/2) of escrow fees and shall be responsible for the recordation of the Covenant Agreement which is exempt from recording fees pursuant to Government Code §6103 (“Seller’s Charges”). Buyer shall pay the cost of the Title Policy, one-half of the escrow fees, the recording charges for the Grant Deed and any charges incurred by Buyer’s acts (“Buyer’s Charges”).

All other costs of Escrow not otherwise specifically allocated by this Agreement shall be apportioned between the parties in a manner consistent with the custom and usage of Escrow Holder.
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b. Closing Statement . At least three (3) days prior to the Closing Date, Escrow Holder shall furnish Buyer and Seller with a preliminary Escrow closing stat ement which shall include each p arty’s respective shares of costs. The preliminary closing statement shall be approved in writing by the parties. As soon as reasonably possible following the Close of Escrow, Escrow Holder shall deliver a copy of the final Escrow closing statement to the parties.

13.5 Termination and Cancellation of Escrow . If Escrow fails to close due to a failure of a condition precedent, then the party in whose favor the condition precedent runs may elect to cancel this Escrow upon written notice to the other party and Escrow Holder. Upon cancellation, Escrow Holder is instructed to return (i) the Deposit to Buyer (less any cancellation fees) to Buyer unless Seller is entitled to same pursuant to Section 9, and (ii) all documents then in Escrow to the respective depositor of the same with Escrow Holder. Cancellation of Escrow, as provided herein, shall be without prejudice to whatever legal rights Buyer or Seller may have against each other arising from the Escrow or this Agreement.

13.6 Documents. Escrow Holder will assemble the Covenant Agreements receive from each party so that one (1) executed copy will be recorded in the Official Records of Solano County and returned directly to Seller by the County Recorder. Upon recordation of the Grant Deed and Covenant Agreement, conformed copies of each shall be delivered to each party.

13.7 Information Report. Escrow Holder shall file and Buyer and Seller agree to cooperate with Escrow Holder and with each other in completing any report (“Information Report”) and/or other information required to be delivered to the Internal Revenue Service pursuant to Inter nal Revenue Code Section 6045 I regarding the real estate sales transaction contemplated by this Agreement, including without limitation, Internal Revenue Service Form 1099-B as such may be hereinafter modified or amended by the Internal Revenue Service, or as may be required pursuant t o any regulation now or hereinafter promulgated by the Treasury Department with respect thereto. Buyer and Seller also agree that Buyer and Seller, their respective employees and attorneys, and escrow Holder and its employees, may disclose to the Internal Revenue Service, whether pursuant to such Information Report or otherwise, any information regarding this Agreement or the transactions contemplated herein as such party reasonably deems to be required to be disclosed to the Internal Revenue Service by suc h party pursuant to Internal Revenue Code Section 6045I , and further agree that neither Buyer nor Seller shall seek to hold any such party liable for the disclosure to the Internal Revenue Service of any such information.

13.8 No Withholding as Foreign Seller . Seller represents and warrants to Buyer that Seller is not, and as of the Close of Escrow will not be, a foreign person within the meaning of Internal Revenue Code Section 1445 or an out -of-state seller under California Revenue and Tax Code Section 18805 a nd that it will deliver to Buyer on or before the Close of Escrow a non- foreign affidavit on Escrow Holder ’s standard form 360
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pursuant to Internal Revenue Code Section 1445(b)(2) and the Regulations promulgated thereunder and a California Form 590-RE.

13.9 Brokerage Commissions. Buyer and Seller each represent and warrant to the other that neither party is represented by a broker and that no third party is entitled to a broker’s commission and/or finder’s fee with respect to the transaction contemplated by this Agreement. Buyer and Seller each agree to indemnify and hold the other parties harmless from and against all liabilities, costs, damages and expenses, including, without limitation, attorneys’ fees, resulting from any claims or fees or commissions, based upon agreements by it, if any, to pay a broker’s commission and/or finder’s fee.

13. RISK OF PHYSICAL LOSS . Risk of physical loss to the Property shall be borne by Seller prior to the Close of Escrow and by Buyer after Close of Escrow. In the event that the Property shall be damaged by fire, flood, earthquake or other casualty Buyer shall have the option to terminate this Agreement, provided notice of such termination is delivered to Seller within ten (10) days following the date Buyer learns of the occurrence of such casualty. If Buyer fails to terminate this Agreement pursuant to the foregoing sentence within s aid ten (1 0) day period, Buyer shall complete the acquisition of the Property, in which case Seller shall assign to Buyer the interest of Seller in all insurance proceeds relating to such damage (subject to the rights of tenants under leases of the Property). Seller shall consult with Buyer regarding any proposed settlement with the insurer and Buyer shall have the reasonable right of approval thereof. Seller shall hold such proceeds until the Close of Escrow. In the event this Agreement is terminated for any reason, Buyer shall have no right to any insurance proceeds.

14. NO
N- COLLUSION. No official, officer, or employee of Seller has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of Seller participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interest found to be “remote” or “non-interest” pursuant to California Government Code Sections 1091 and 1091.5. Seller warrants and represents that (s)he/it has not paid or given, and will not pay or give, to any third party including, but not limited to, and any Seller official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded this Agreement. Seller further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any Seller official, officer, or employee, as a result or consequence of obtaining or being awarded any agreement. Seller is aware of and understands that any such act(s), omission(s) or other conduct resulting in the payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Buyer’s Initials: ___________ ___________
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15. NOTICES. Any notice which either party may desire to give to the other party or to the Escrow Holder must be in writing and may be given (i) by personal delivery which will be deemed received the following day, or (ii) by mailing the same by registered or certified mail, return receipt requested which will be deemed delivered three (3) days after depositing same in the mail, addressed to the party to whom the notice is directed as set forth below, or such other address and to such other persons as the parties may hereafter designate:

To Seller: Suisun City Successor Agency
701 Civic Center Blvd
Suisun City, CA 94585
Attention: Executive Director

With a Copy to: Aleshire & Wynder, LLP
2361 Rosecrans Avenue Suite 475
El Segundo, CA 90245
Attention: Elena Gerli

To Buyer:

Robert & Kathleen Larson
4340 Riviera Drive
Stockton, CA 95204

To Escrow Holder: Placer Title Company
1300 Oliver Road Suite 120
Fairfield, CA 94534
Attn: Laura Vierra, Escrow Officer

16. GENERAL PROVISIONS.

16.1 Assignment. Buyer shall not voluntarily or by operation of law assign or transfer any rights, interests , and/or obligations hereunder prior to the Closing without Seller’s express prior consent in writing, which consent shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, Buyer shall have the right to assign its rights under this Agreement, without the consent of Seller to an Affiliate.

For purposes of this Agreement, an “Affiliate” shall mean an entity in which Buyer retains majority ownership interest and day -to-day management and control. In the event that Buyer assigns its rights under this Agreement to an Affiliate, Buyer shall provide to Seller not less than five (5) business days’ written notice. Such assignment of Buyer’s rights under this Agreement shall not relieve Buyer of its obligations hereunder unless otherwise agreed to by Seller in writing. Except as allowed by this Section, neither this Agreement nor the rights of either Party hereunder may be assigned by either Party. This Agreement shall be binding upon, and inure to the benefit of, the Parties hereto and their respective successors, heirs, administrators and permitted assigns.

16.2 Attorney’s Fees. In any action between the parties hereto, seeking enforcement of any of the terms and provisions of this Agreement or the Escrow, or in connection with the Property, the prevailing party in such action shall be entitled, to have 362
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and to recover from the other party its reasonable attorneys ’ fees and other reasonable expenses in connection with such action or proceeding, in addition to its recoverable court costs.

16.3 Interpretation; Governing Law ; Venue . This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates.

The venue for any dispute shall be Solano County.

16.4 No Waiver. No delay or omission by either party in exercising any right or power accruing upon the compliance or failure of performance by the other party under the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either party of a breach of any of the covenants, conditions or agreements hereof to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions hereof.

16.5 Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made by written instrument or endorsement thereon and in each such instance executed on behalf of each party hereto.

16.6 Severability. If any term, provision, condition or covenant of this Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument, or the application of such term, provisions, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

16.7 Merger. This Agreement and other documents incorporated herein by reference contain the entire understanding between the parties relating to the transaction contemplated hereby and all prior to contemporaneous agreements, understandings, representations and statements, oral or written are merged herein and shall be of no further force or effect.

16.8 Construction. In determining the meaning of, or resolving any ambiguity with respect to, any word, phrase or provision of this Agreement, no uncertainty or ambiguity shall be construed or resolved against a party under any rule of construction, including the party primarily responsible for the drafting and preparation of this Agreement. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 363
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16.9 Qualification and Authority. Each individual executing this Agreement on behalf of Buyer represents, warrants and covenants to the Authority that (a) such person is duly authorized to execute and deliver this Agreement on behalf of Buyer in accordance with authority granted under the organizational documents of such entity, and (b) Buyer is bound under the terms of this Agreement.

16.10 No Third- Party Beneficiaries. This Agreement is only between the parties, and is not intended to be nor shall it be construed as being for the benefit of any third party.

16.11 Execution in Counterparts . This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on all parties hereto, notwithstanding that all parties are not signatories to the original or the same counterpart.

16.12 Exhibits. Exhibits A, B, and C attached hereto and incorporated herein by reference.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement for Purchase and Sale of Real Property and Escrow Instructions as of the date set forth above.

NOTE: Each of Sections 9, 10.2 & 14 must also be initialed.

BUYER:

SELLER:
___________________________

ROBERT LARSON

_____________________________

KATHLEEN LARSON

SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY OF THE
CITY OF SUISUN CITY, a public body,
corporate and politic

By: __________________________
Greg Folsom, Executive Director

_________________, 2023

ATTEST:

____________________________
Anita Skinner, Agency Secretary
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

By: _______________________________
Elena Q. Gerli, Agency Counsel
ACCEPTED BY ESCROW HOLDER:

PLACER TITLE COMPANY,
a California corporation

By: _________________________
Laura Vierra, Escrow Officer
Dated: ________________, 2023

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EXHIBIT “A”

LEGAL DESCRIPTION OF THE PROPERTY

The real property located in the City of Suisun City, County of Solano, State of California described as follows:

Parcel 1, as shown on the parcel map entitled: "Parcel Map of Portion of Suisun City Parcel 'E' ", filed December 22, 1987, in Book 40 of Parcel Maps, at Page 75, Solano County Records.

APN: 0032-200-330

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EXHIBIT B

GRANT DEED
Recording requested by and
When Recorded Return to:

Mr. & Mrs. Larson
4340 Riviera Drive
Stockton CA, 95204

GRANT DEED

FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged and subject to the covenants set forth below SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SUISUN CITY, a public body, corporate and politic (“Grantor”) grants to ROBERT AND KATHLEEN LARSON (“Grantee”), all of its rights, title, and interest in that certain real property in the City of Suisun City, County of Solano, State of California, as more particularly described in Exhibit A attached hereto and incorporated by this reference (“Property”).

Grantee agrees to refrain from restricting the rental, sale, or lease of any portion of the Property on the basis of race, color, creed, religion, sex, marital status, age, ancestry, or national origin of any person. All such deeds, leases, or contracts shall contain or be subject to substantially the following nondiscrimination or non-segregation clauses:
(a) Deeds: In deeds the following language shall appear: “The grantee herein covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, age, ancestry, or national origin in the sale, lease, rental, sublease, transfer, use, occupancy, tenure, or enjoyment of the land herein conveyed, nor shall the grantee itself, or any persons claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the land herein conveyed. The foregoing covenants shall run with the land.”
(b) L
eases: In leases the following language shall appear: “The lessee herein covenants by and for itself, its heirs, executors, administrators, successors, and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions:
“That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, age, ancestry, or national origin in the leasing, subleasing, renting, transferring, use, occupancy, tenure, APN. 0032-061-390 (Space Above This Line for Recorder’s Office Use Only) THE UNDERSIGNED GRANTOR DECLARES that the
documentary transfer tax (computed on full value) is $
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or enjoyment of the land herein leased nor shall the lessee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the land herein leased.” (c) Contracts: In contracts pertaining to conveyance of the realty the following language shall appear: “There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, age, ancestry, or national origin in the sale, lease, rental, sublease, transfer, use, occupancy, tenure, or enjoyment of the land, nor shall the transferee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the land.” The forgoing covenants shall remain in effect in perpetuity.

IN WITNESS WHEREOF, Grantor has caused this Grant Deed to be executed on its behalf as of the date written below.

GRANTOR:

SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY OF THE CITY OF
SUISUN CITY, a public body, corporate and politic

By: _______________________________
Greg Folsom, Executive Director

_________________, 2023

ATTEST:

______________________________
Anita Skinner, Agency Secretary
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

By: _______________________________
Elena Q. Gerli, Agency Counsel

NOT TO BE EXECUTED UNTIL

CLOSING
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EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY

That certain real property located in the City of Suisun City , County of Solano, State of California, and is described as follows:

Parcel 1, as shown on the parcel map entitled: "Parcel Map of Portion of Suisun City Parcel 'E' ", filed December 22, 1987, in Book 40 of Parcel Maps, at Page 75, Solano County Records.

APN: 0032-200-330

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1707885-2

STATE OF CALIFORNIA )
) ss.

COUNTY OF ____________ )

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:

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.
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EXHIBIT C

COVENANT AGREEMENT

Recording requested by and
When Recorded Return to:

Suisun City Successor Agency
701 Civic Center Blvd.

Suisun City, CA 94585
Attn: Executive Director

COVENANT AGREEMENT

THIS COVENANT AGREEMENT (this “Covenant Agreement”) is made and entered into this _____ day of _____________, 2023 , ROBERT AND KATHLEEN LARSON (“Owner”) in favor of the SUCCESSOR AGENCY TO THE REDEVELOPMENT OF THE CITY OF SUISUN CITY, a public body, corporate and politic (“Agency”). Owner and Agency are occasionally referred to herein each as a “party” and jointly as the “parties”.

R E C I T A L S:

A. Owner owns that certain real property located in the City of Suisun City , County of Solano, State of California, more particularly described in Exhibit A attached hereto and incorporated herein by this reference (“Property”).

B. Owner acquired the Property from the City pursuant to that certain Grant Deed recorded immediately prior to this Covenant (“Grant Deed”) in the Official Records of Solano County (“Official Records”).

C. In order to sell the Property to Owner for non-residential development, the Agency was required and did comply with the provisions of the Surplus Land Act (Government Code Section 54220 et seq) and the applicable regulations (“SLA”). Accordingly, on April 4, 2023, the Board of Directors of the Successor Agency to the Redevelopment Agency of the City of Suisun City approved such a Deed Restriction. The Deed Restriction was recorded with the County of Solano Recorder’s Office, Instrument No. _______________.

D. As material consideration for the sale of the Property to Owner, this Covenant Agreement is mandated under the SLA with respect to any future residential development of the Property.

E. Accordingly, Agency and Owner now desire to place a covenant regarding any future residential development of the Property.

APN. 0032-200-330 (Space Above This Line for Recorder’s Office Use Only) (Exempt from Recording Fee per Gov. Code §6103)
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NOW, THEREFORE, Owner declares, covenants and agrees, by and for itself, its heirs, executors, administrators and assigns, and all persons claiming under or through it, that the Property shall be burdened, held, transferred, encumbered, used, sold, conveyed, leased, and occupied, subject to the covenant hereinafter set forth.

1. EFFECTIVE DATE; TERM. This Covenant Agreement shall be effective as of the date it is recorded in the Official Records (“ Effective Date”) and continue in perpetuity (“Term”).

2. COVENANT. Nothing herein shall be construed to require the Property to be developed for residential. However, if, at any time during the Term, ten (10) or more residential units are developed on the Property, not less than fifteen percent (15%) of the total number of residential units developed on the Property shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or affordable rent, as defined in Section 50053 of the California Health and Safety Code, to lower income hous eholds, as defined in Section 50079.5 of the California Health and Safety Code. Thereafter, rental units shall remain affordable to and occupied by lower income households for a period of fifty -five (55) years for rental housing and forty -five (45) years for ownership housing. The initial occupants of all affordable 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 are covenants running with the land and shall be enforceable against any owner who violates a covenant 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.

3. COVENANT TO RUN WITH THE LAND. Owner hereby subjects and burdens the Property to the covenant set forth in Section 2. Owner understands that the covenant runs with the land and shall pass to and be binding upon Owner’s successors in title to the Property for the Term. Each and every contract, deed or other instrument hereafter executed covering or conveying the Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to this Covenant Agreement, regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed or other instrument.

5. AMENDMENTS, MODIFICATIONS OR TERMINATION. This Covenant Agreement may not be amended, modified or terminated except in writing, executed by the Agency, the then owner of the Property and the State of California, Housing and Community Development and recorded in the Official Records.

6. MISCELLANEOUS.

6.1. Notices. All notices, demands, requests, elections, approvals, disapprovals, consents or other communications given un der this Covenant Agreement shall be in writing and shall be given by personal delivery, certified mail, return receipt requested, or overnight guaranteed delivery service and addressed as follows:

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To Agency: Suisun City Successor Agency
701 Civic Center Blvd
Suisun City, CA 94585
Attention: Executive Director

With a Copy to: Suisun City Successor Agency
701 Civic Center Blvd
Suisun City, CA 94585
Attention: Agency Counsel

To Owner: Robert & Kathleen Larson
4340 Riviera Drive
Stockton, CA 95204

Notices shall be effective upon the earlier of receipt or refusal of delivery. Each party shall promptly notify the other party of any change(s) of address to which notice shall be sent pursuant to this section.

6.2. Governing Law. This Covenant Agreement shall be construed and enforced in accordance with the laws of the State of California and any legal action shall be brought in a court of competent jurisdiction in Los Angeles County.

6.3. Attorney’s Fees. In the event of any litigation or other legal proceeding arising from this Covenant Agreement, the prevailing party will be entitled to recover, in addition to any other relief awarded or granted, its reasonable costs and expenses, including attorney’s fees, incurred in the proceeding.

6.4. Construction. This Covenant Agreement shall be construed according to its fair meaning as if prepared by both parties and in favor of full enforcement. Headings used in this Covenant Agreement are provided for convenience only.

6.5. No Waiver. The failure to enforce any term, covenant, or condition of this Covenant Agreement shall not be construed as a waiver of the right to enforce this, or any other, term, covenant, or condition of this Covenant Agreement.

6.6. Governing Law. This Covenant Agreement shall be governed by the laws of the State of California.

6.7. Incorporation of Recitals. The Recitals set forth above are hereby incorporated into this Covenant Agreement.

[SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, the parties have executed this Covenant Agreement as of the dates specified below.

OWNER:

AGENCY:

____________________________

ROBERT LARSON

____________________________

KATHLEEN LARSON

____________, 2023

SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY OF THE
CITY OF SUISUN CITY, a public body,
corporate and politic

By: _________________________
Greg Folsom, Executive Director

______________, 2023

ATTEST:

__________________________
Anita Skinner, City Clerk

APPROVED AS TO FORM:

ALESHIRE & WYNDER LLP

By: ________________________
Elena Q. Gerli, Agency Counsel

NOT TO BE EXECUTED UNTIL

CLOSING
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EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY

That certain real property located in the City of Suisun City, County of Solano, State of California, and is described as follows:

Parcel 1, as shown on the parcel map entitled: "Parcel Map of Portion of Suisun City Parcel 'E' ", filed December 22, 1987, in Book 40 of Parcel Maps, at Page 75, Solano County Records.

APN: 0032-200-330

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STATE OF CALIFORNIA )
) ss.

COUNTY OF ____________ )

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:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to whi ch this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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STATE OF CALIFORNIA )
) ss.

COUNTY OF ________________ )

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:

1. $82,000 Epoxy foam roof install over existing roof

2. $20,000 Advance fees to city

3. $30,000 repair and replace landscape

4. $30,000 complete paint inside and out

5. $20,000 blacktop repair and reseal

6. $30,000 Interior removal of not compliant areas

7. $7,500.00 Garbage and Hauling

8. $15,000 electrical panel and lighting

9. $30,000 drainage issue estimated

10. $58,000 glass rollup doors and install and removal

11. $25,000 misc. permits and surprise issues.

12. $7,500 exterior awnings

13. $20,000 laborer costs
TOTAL COSTS TO GET BUILDING TO VISION $365,000
*LARSON CASH BID TO SUISUN CITY $500,100
Larson total investment in property $865,100
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1 1240 Kellogg Street –P u r c h a s e and Sales Agreement CITY OF SUISUN CITY , CITY COUNCIL
MAY 23, 2023
Background
• Site Characteristics
• Solicitation RFP
• Larson Marine Interest
• Potential Development
opportunity for City
• Purchase Sales
Agreement
Main Street West Properties –L i o n e x tI n c . Parcel Locations 1 2
389
2 Purchase Sales Agreement Terms
PURCHASE SALES AGREEMENT TERMS

0.85 –a c r e sProperty Description
$500,100Purchase Price
$50,000Deposit
Three Days –E x e c u t i o n of AgreementEscrow Opening 45 days –( E s c r o w opening)Due Diligence
45 days –D u e diligence completeClose of Escrow
As IsProperty Condition
Successor Agency Action
Successor Agency Action:

Successor Agency Adoption of Resolution 202 3-___, a Resolution of the Successor Agency to the Redevelopment Agency of the City of Suisun City approving the agreement for the purchase and sale of real property and joint escr ow instructions with Larson 1240, LLC for the transfer of property located at 1240 Kellogg Street, City of Suisun City (Solano County Assessor’s Parcel Number 0032-200-330).
3 4
390

Suisun City City CouncilMay 23, 2023

Suisun City City Council
May 23, 2023