Suisun City City Council
August 8, 2023

Subject Tentative Agreement

For example. Employee A earns $10.00 per hour and donates ten (10) hours to Employee B to use for Union Business. Employee B earns $20.00 per hour. The hours donated by Employee A will be converted to the hourly equivalent for Employee B, resulting in five (5) hours of donated leave.

Union Access/
Union Bulletin
Board
New Provision: Union Bulletin Board. The City agrees to provide space for one bulletin board to be provided by the Union at the Fire Station for the announcement of Union meetings, election of Union officers and any other material related to the official business of the Union. All material shall clearly state that it is prepared and authorized by the Union. The Union agrees that notices posted shall not contain any material which may reasonably be construed as maligning the City or its representatives, detrimental to the labor-management relationship nor of a political or controversial nature.

Union Access/
New Member
Orientation
One (1) Union representative, officer, steward, or member will be provided an opportunity for a sixty (60) 1560-minute private session with the new Employee during the New Employee Orientation. The Union may provide written information to be included with the orientation materials, in lieu of such a private session. Two (2) business days prior to the New Employee Orientation, the Union will provide to Human Resources the name and the contact information of its participating representative. The City and the Union will mutually agree to a suitable time during the New Employee Orientation for tThe Union’s private meeting with the new Employee. Such private meeting will occur at the same location as the New Employee Orientation.

Compensation

1. Salaries. Assuming funding pursuant to the American Rescue Plan Act of 2021 as a condition precedent, the City proposes to provide additional pay to all bargaining unit employees as follows:

2. 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 11, 2023.

3. Payments will be made on a bi-weekly basis.

4. Effective May 12, 2023, the City will provide base hourly wage increases of $6 per hour to the wage range and to the employee’s position within that range for all represented fire safety job classes.

A. Effective the first pay period following 7/1/2023, the base wage rates set forth in the Citywide Salary Schedule shall be adjusted as follows:

Job Class Monthly Salary
Prior to Base
Wage Adjustment
Eff. 5/12/23
Base Wage
Increase
Eff.
5/26/23
Approx. % of
Base Wage
Increase Eff.
5/12/23
Approx.

Monthly
Salary Eff.
5/12/23
Proposed Wage
Adjustment
(Rounded 3
decimal points)
Approx
New
Monthly
Top Step
Approx
Total %
Change
Fire
Captain
$8,738 $6/hour 17.1% $10,233 2.176% $10,455 19.7%
Fire
Engineer
$8,010 $6/hour 18.7% $9,505 0.000% $9,505 18.7%

A.B. Fire Engineers: ProvidingThe base wage increase provided to the Fire Engineer employees’s position within the range will decreased the differential between steps to less than 5% as identified in the new alpha numerical salary ranges established for these this classifications.

B.C. Fire Engineers: New hires starting May 12, 2023, in these Fire Engineer classifications will be hired into the base numerical range which maintains 5% differential between each step in the range.

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. 221
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C. Fire Captains: The base wage increases provided effective 5/12/2023 to the employee’s position within the range decreased the differential between steps to less than 5% as was identified by the alpha numerical salary ranges established for the Fire Captain classification. The alpha salary range will be eliminated once the proposed base wage adjustments for the successor MOU are implemented. The affected employees in the alpha numeric ranges will be transitioned to the base numerical range assigned to their classification and will advance one pay step to avoid a negative salary adjustment as a result of implementing this provision. This shall not affect the incumbent’s anniversary dates; however, employees who receive an accelerated step increase will then be eligible to advance to the next pay step on their anniversary date in 2024. Nothing herein requires the City to maintain the 5% differential between steps.

C.D. Effective the last full pay period of June 2025, represented employees shall receive a two-point five (2.5%) percent Cost of Living Adjustment (COLA), condition precedent on if the City’s actual revenue for Fiscal Year 2023/24 exceed budgeted revenues for Fiscal Year 2023/24 by at least three (3%) percent.

C.D. Fire Engineers: Effective the first pay period following City Council adoption of the successor memorandum of understanding (MOU) or the first pay period following 7/1/2023, whichever is later, the current incumbent Fire Engineers shall receive a lump sum retention bonus of one thousand dollars ($1,000.00).

E. Fire Engineers: Effective the first full pay period of January 2024, current incumbent Fire Engineer employees, if still on payroll as of the payment date, shall receive a lump sum retention bonus of one thousand dollars ($1,000.00).

F. Effective the first full pay period of July 2024, current incumbent represented employees, if still on payroll as of the payment date, shall receive a lump sum retention bonus of one thousand dollars ($1,000.00).

D.G. Effective the first full pay period of January 2025, current incumbent represented employees, if still on payroll as of the payment date, shall receive a lump sum retention bonus of one thousand dollars ($1,000.00).

Acting Pay 2. Acting Pay. Employees covered by this MOU shall receive Acting Pay under the following conditions:

A. Employees must qualify to receive Acting Pay by when assigned to acting in the a higher job class and performing to perform substantially the full range of duties and responsibilities of the higher job class for a minimum period of two weeks. The qualifying period may be satisfied one full workday at a time. Acting Assignments are typically long-term assignments resulting from a vacancy in the higher job classification that may occur through separation, extended vacation, or a long-term leave of absence.

B. Employees who are certified assigned to act in a higher job class will receive Acting Pay in an amount of five (5.0%) percent of their current salary whenever they are assigned to act in the higher job class for a minimum of two consecutive weeks, retroactive to the first day of the assignment, while performing substantially the full range of duties and responsibilities of the higher job class. 222
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C. To receive Acting Pay, there must exist a budgeted position, the assignment must be made in writing, employees must meet the minimum qualifications of the higher job class, and employees may not refuse to perform any duty or responsibility of the higher job class.

D. Acting Pay shall not be applied to a request to cash-out any form of paid leave, or payment for accrued and unused paid leave hours on the books at time of separation.

Interim
Assignment Pay
New Provision: Interim Assignment Pay. Employees who are not receiving any other Acting or Assignment Pay shall receive Interim Assignment Pay (hereinafter “IA Pay”) while they are serving in an interim capacity of a higher job classification due to short term absences (open shifts or hours), IA Pay shall be provided as assigned on an hour-for-hour basis. IA Pay shall be calculated as an hourly rate equivalent to five (5%) percent of the employee’s base hourly rate of pay. Employees must meet department standards and requirements to be eligible for an Interim Assignment, as established in the Fire Department’s policy. Time spent in on the job training to qualify for interim assignments shall not be compensated at the IA rate of pay.

Hours of Work 3. Overtime Pay. For the purpose of overtime and minimum time calculations as required by the federal Fair Labor Standards Act (“FLSA”) , an employee may not be paid twice for the same time period. If time periods overlap, then the time shall be calculated as a continuous work period.

A. The City agrees to compensate eEmployees scheduled assigned to a 48/96 work schedule consisting of an average 56-hour workweek at a rate of one and one-half times the employees’ regular rate of pay, as that phrase is defined in the FLSA (hereinafter “Overtime Rate”) receive overtime pay for each hour of work required in excess of the first 53 hours scheduled per workweek, consistent with a 7-day work period, as defined by the FLSA 7K exemption.

A.B. The parties agree to a 28-day FLSA work period with overtime to be paid for hours worked in excess of two hundred and twelve (212) hours in the work period, consistent with FLSA 7K exemption. The City shall provide 30-days advance notice regarding implementation of the 28-day work period, with no further meet and confer required.

B.C. The City will implement reporting of time worked over the FLSA threshold of 53 hours per workweek as premium pay in accordance with California Code of Regulations (CCR), Title 2, Section 571.The City will comply with FLSA premium pay reporting as required.

C. Employees shall be compensated at the applicable Overtime Rate for work assigned in excess of the regularly scheduled workday, rounded to the nearest minute.

D. For purposes of Overtime computation, all paid time, including Sick Leave, Vacation Leave, and Compensatory Time Off (the “CTO”), shall be considered hours worked.

E. All overtime hours must be approved in advance by the Fire Chief or his/her designee; provided, however, that when emergency conditions exist, the Fire Chief or his/her designee may approve exceptions to this procedure.

CTO Cash-Out 6. CTO Cash-Out. Employees are allowed to cash out a maximum CTO amount as accumulated by January of each year (1-10 years of service to Suisun City: 40 fifty-six (56) hours; 10 years and above: 50 seventy (70) hours). The Finance Department will send out a request form in November of the preceding year that includes written verification of each Employee’s current CTO balance. Employees may make an irrevocable request for the upcoming calendar year to cash-out CTO by filling out and signing the form provided by Finance. The form must be submitted to Finance by the date provided on the form which must be in the calendar year preceding the January cash-out. With the exception of the January 223
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cash-out, Employees may not cash out CTO except upon leaving City Service. No CTO cash-out election will be allowed for any Employee for a period of four months following the last day of a suspension from duty for disciplinary reasons.

Vacation Cash-
Out

3. Vacation Cash-Out. Employees may Cash-out a maximum of forty (40) fifty-six (56) hours of Vacation Leave in January of each year as long as there remains a minimum of eight (8) hours in the employee’s Vacation Leave balance after cash-out. The Finance Department will send out a request form, in November of the preceding calendar year, that includes written verification of each employee’s current Vacation Leave balance. Employees may make an irrevocable request for the upcoming calendar year to cash-out Vacation Leave by filling out and signing the form provided by Finance. The form must be submitted to Finance by the date provided on the form. With the exception of the January cash-out, Employees may not cash- out Vacation Leave except upon leaving City Service. No Vacation cash-out election will be allowed for any Employee for a period of four months following the last day of a suspension from duty for disciplinary reasons.

Municipal
Holidays
New Provision: Holiday Routine. Employees will not be required to engage in training drills on the recognized City holidays identified in Section 1. All other daily functions including, but not limited to, emergency response, emergency preparedness, maintenance and upkeep of facilities and equipment, related administrative work, public education and participation in community events will continue as usual on the recognized City holidays identified in Section 1.

Medical and
Dental

1. Core Flex Plan. The City will contribute up to the equivalent of the Kaiser Permanente Region 1 Premium for Employee, Employee plus one, and Employee plus Family toward the monthly premium cost. Should the health plan premium cost, selected by the employee, cost be less than the Kaiser Permanente Region 1 premium, the City shall pay no more that than the full cost of the health plan premium Kaiser Permanente rate, with the difference between the cost of the selected health plan premium and the maximum provided by the city eligible to be applied toward the cost of vision and dental premiums for employees who select a health plan with a lower cost premium.

2. Flexible Benefit Options. The City agrees to provide five hundred dollars ($500.00) per month (employee only) and seven hundred dollars ($700.00) per month (employee plus one or more dependents) as a Flexible Benefit Credit that may be used in lieu of the Core Flex Plan enrollment per Section 1 of this Article. The Flexible Benefit Credit may be divided among Dental and Vision Premiums, Flexible Spending Accounts, and Taxable Cash Option. An Employee must choose choosing the Flexible Benefit Options must establish eligibility by providing verification of enrollment in a group health plan and must reestablish eligibility annually for continued enrollment in the Flexible Benefit Options during the each Open Enrollment Period established in by the Suisun City Flexible Benefits Plan.

3. Restrictions. An Employee may either enroll in the Core Flex Plan or be entitled to the Flexible Benefit Options as described in Section 2 of this Article, but may not participate in both, with the exception of the Voluntary Pre-Tax Payroll Deduction Flexible Spending Account or enrollment in a Dental and/or Vision Plan.

IRC 401(a) Plan New Provision: During fiscal year 2023-24, the City agrees to provide a 401(a) Plan to bargaining unit employees. The City will match the Employee’s contribution, dollar for dollar, up to twenty-four dollars ($24.00) per pay period, with a maximum of six hundred dollars ($600.00) annually. The established 224
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plan will have a vesting schedule of five (5) years. After the completion of five (5) years of continuous City service under the plan, employees will be one hundred (100%) percent vested.

Supplemental
Insurance
New Provision: Voluntary Supplemental Insurance Benefits. The City has contracted with Colonial for voluntary supplemental insurance benefits which may be paid through City payroll deductions. It shall be agreed that the City may choose different supplemental insurance providers from time to time as needed to provide such voluntary benefits in the best interest of the City.

Payroll Status
and
SDI/Medical
Leave

1. Payroll Status. Any Regular Employee shall be considered to be in a Payroll Status if the Employee is employed by the City under the one of the following conditions:

A. Working Full-Time.

B. Working Part-Time, at least a forty-two (42) hours or greater workweek.

C. Working on a restricted or limited duty basis.

D. Off work due to an injury or illness covered under Workers’ Compensation.

E. Off work due to an injury or illness covered under State Disability Insurance.

F. Off work while on an approved leave of absence covered under the Family and Medical Leave Act (FMLA).

G. Off work while on an approved leave of absence covered under the California Family Rights Act (CFRA).

H. Off work while on an approved leave of absence covered under Pregnancy Disability Leave (PDL).

2. Continuation of City-Paid Insurance Premiums. The City shall continue to contribute the City’s share of the health, and life, and dental insurance premiums on behalf of an Employee who is receiving Workers’ Comp/SDI benefits, as long as he/she is in a Payroll Status with the City or within the period provided in Chapter 10 of the Personnel Rules. An Employee is in a Payroll Status with the City, as long as he/she is using accrued Sick Leave, Vacation Leave, and/or CTO, and/or Holiday Leave in conjunction with Workers’ Comp/SDI benefits to create the equivalent of his/her normal paycheck at least a forty- two (42) hour or greater workweek.

3. Non-Payroll Status.

A. Any Employee off work on SDI who has exhausted his/her benefits under FMLA, CFRA, or PDL, and who is off work pursuant to Subsections E. through H. of this Article, and who has insufficient accrued paid leave balances to create the equivalent of a normal paycheck at least a forty-two (42) hour or greater workweek, exclusive of Overtime, shall be considered to be in a Non-Payroll Status.

Employees who are in a Non-Payroll Status will no longer accrue paid leave (Vacation and Sick), and the City will no longer contribute the City’s share of health insurance premiums on the Employee’s behalf. The City will continue to contribute life insurance premiums for employees in a non-payroll status.

B. An Employee off work pursuant to Subsection D. of this Article Workers’ Compensation, and who has insufficient accrued paid leave balances to create the equivalent of his/her normal paycheck at least a forty-two (42) hour or greater workweek, exclusive of Overtime, shall be considered in a Non- Payroll Status. The Employee will no longer accrue paid leave (Vacation, and Sick, and Holiday); however, the City will continue to contribute the City’s share of health insurance premiums on the Employee’s behalf for a period of no more than 12 months from the date of injury. The City will continue to contribute life insurance premiums for employees in a non-payroll status.

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B.C. Employees contributing to the 457 Deferred Compensation plan, and who are off work on Workers’ Compensation/SDI, will have all contributions to the deferred compensation plan stopped during the time on leave unless they are integrating sufficient accrued paid leave to cover the full amount of the requested deferred compensation plan contribution. Workers’ Compensation/SDI benefits are non-taxable benefits, therefore shall not be used toward 457 plan contributions.

Workers’
Compensation/
SDI Medical
Leave

1. Employee Options Regarding SDI Medical Leave. There are two three options available to an Employee who is otherwise eligible for SDI insurance benefits, which are as follows:

A. Option 1: Not applying for disability insurance benefits and using accrued Sick Leave, Vacation Leave, Executive Leave, and/or Holiday Leave.

B. Option 2: Applying for disability insurance benefits and integrating accrued paid leaves with the SDI benefits. Such accrued paid leaves shall include Sick Leave, Vacation Leave, Executive Leave, and/or Holiday LeaveCTO, in this order, unless the Employee provides written notice to the City to limit the integration to only accrued Sick Leave with SDI benefits. If Option 2 is elected, the Employee shall stipulate on the application for SDI benefits their Request for Leave (RFL) whether the Employee is integrating Sick Leave, and other leave accruals, with SDI benefits.

B.C. Option 3: Employees who apply for disability insurance, may provide the City with the supplemental benefits received by SDI, to be credited to a disability leave accrual account, which the City will then reissue to employees through payroll, enabling employees to remain on payroll status so long as they integrate accrued leave to create at least a forty-two (42) hour or greater workweek, exclusive of Overtime.

C.D. The amount of supplement for any hour of any normal Workday shall not exceed the difference between one hundred (100%.0) percent of the Employee’s normal gross salary rate and the “weekly benefit amount”.

2. Medical Leave While on Workers’ Comp/SDI. Employees who are off work on medical leave covered under Workers’ Comp or SDI may supplement their insurance coverage benefits to ensure that they receive up to one hundred (100%.0) percent of their normal pay.

3. How a Supplement is Treated. The Employee shall receive up to one hundred (100%.0) percent of the Employee’s their gross salary rate, including any regular hours worked and leave accruals to cover time off (Sick leave, Vacation, and/or CTO) until such time as the City is notified of the benefit paid to the Employee. The pay period following notification (normally the next pay period), the Employee will receive up to one hundred (100%.0) percent of Employee’s gross salary rate less the when combining the supplemental amount provided by Workers’ Comp/SDI with integrated leave.

Upon deduction of the amount equal to the supplemental amount from the Employee’s gross pay, the Employee’s Sick Leave, Vacation Leave, Executive Leave, and/or Holiday Leave shall be credited to the Employee’s appropriate benefit accounts in an amount equal to the Employee’s hourly Pay Rate.

4. Paid Leave Accrual. An Employee shall earn Sick Leave, and Vacation Leave benefits during any full bi-weekly pay period in which the Employee receives Workers’ Comp/SDI benefits and is on Payroll Status. Furthermore, an Employee shall receive service credit including for seniority and merit 226
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step increases during such a period, as long as the Employee is in a Payroll Status with the City, as provided in Article XVII. Retirement service credit is determined by CalPERS.

4. Leave of Absence While on SDI. An Employee who is receiving SDI benefits while absent from work, but who is in a Non-Payroll Status with the City is entitled to a leave of absence under Section

10.2 of the Personnel Rules subject to the requirements of that Section.

Reimbursement
for Education
and Training

1. Approval. On the recommendation of a Department Head and the approval of the City Manager, any Employee may embark on an approved course of education to enhance their job skills. A course of study may include courses needed to gain a degree in a job-related field or to improve opportunities for advancement or promotion with the City of Suisun City. If the Employee's Department Head will not recommend reimbursement for a course of study, the Employee may appeal to the City Manager or their designee, whose decision shall be final. Department-mandated job-related training is separate from voluntary education and is provided on-duty and is determined based on the needs of the department.

Employees seeking physical fitness program allowance will reduce the amount of education reimbursement they are eligible to receive by an amount equal to the reimbursement received under the physical fitness program.

2. Reimbursement. Employees are eligible for educational reimbursement for approved classes, including tuition and books, which shall not exceed $1,500 per Employee per year. Courses require pre-approval, prior to the date of enrollment in the course, to ensure the expense is eligible under the MOU. Upon successful completion of the coursework, the Employee shall submit to the Department Head and HR copies of dated receipts showing education costs (tuition, books, materials, mileage), as well as transcripts, grades or certificates showing successful course completion. If an Employee leaves City service within two years of receiving education reimbursement, the Employee must reimburse the City an amount equal to half of the total education reimbursement paid by the City.

EMT and
Paramedic
Incentive Pay
Pilot Program

3. Certification and Educational Incentive Pay. In order to encourage employees to provide optimum service to the public, employees may receive up to 5% incentive added to their base rate for a certification or relevant advanced education degree. A certification or advanced degree required for the position is not eligible for this incentive pay. To receive certification or education incentive pay, proof of completion must be submitted to the City Manager. During the EMT and Paramedic Incentive Pay Pilot Program, employees participating in the Pilot Program will not be limited to the 5% of incentive pay discussed herein. The following list is eligible for incentive pay at the assigned incentive rate:

A. Advanced degree beyond current requirement for job (AA, BA/BS, Masters) = 3% B. Chief Officer (FIRE) = 1.5%
C. Paramedic 1.5 5%

4. EMT and Paramedic Incentive Pay Pilot Program. Effective 7/1/2023, As as a pilot program, Fire Engineers and Fire Captains will receive incentive pay of 2% of their base salary for maintaining their EMT Certification as required for their positions. EMTs may not receive more than 5% 6.5% total Incentive Pay when combined with the Certification and Educational Incentive Pay. Fire Engineers and Fire Captains who maintain their Paramedic Certification will receive an additional incentive pay of 8. five percent (5%) of their base salary (for a total of 10%). Employees receiving Paramedic Incentive Pay are not eligible to receive EMT Incentive Pay. Paramedics may not receive more than 13% 14.5% total 227
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Incentive Pay when combined with the Certification and Educational Incentive Pay. This Incentive Pay will cease / sunset June 30, 20235, at midnight.

Physical Fitness
Program
An Employee, uUpon approval of the Fire Chief, Employees may apply receive an annual allowance of up to $250 of the employee education and training incentive pay reimbursement, as reimbursement for 50 percent of actual to be used toward fifty (50%) percent of the cost of health club membership or other approved physical fitness training. Reimbursement The Physical Fitness allowance will be made twice annually and included with payment of the uniform allowance paid on the regular paychecks on a pro-rata basis, equally divided across each of the 26 pay checks. Requests for reimbursement must be submitted by the Employee at least 30 days prior to the scheduled reimbursement date. Employees must opt into the Physical Fitness Program annually, during the month of June for the following fiscal year. Employees will be required to submit verification of membership at a health club or in another physical fitness training program and must maintain membership throughout the year to continue receiving this allowance.

Employees must immediately report termination of their health club or physical fitness program membership to avoid overpayment of this allowance. This reimbursement allowance may only be used for club dues or other approved physical fitness training regimen and may not be used to purchase home gym equipment.

General
Provisions

4. Reopener. Upon the written request of the City Manager, the Parties agree to reopen negotiations during the term of this MOU for the following purpose:

A. Declaration of a Fiscal Emergency by the City Council which could result in Layoffs if the parties do not meet and confer on alternatives.

B. If any other bargaining group has an employment contract with the City of Suisun City that contains applicable compensation provisions that are more advantageous for the Employees than this MOU, the parties may agree to meet and confer on the modification of this MOU.

C. A positive or negative change occurs in the City’s fiscal status that would affect the availability of funding for services provided in whole or in part by Employees represented by the Union.

D. Update/Amend/Replace the City’s Employer-Employee Relations Resolution; and E. Update/Amend the City’s Administrative Directive AD7 – Personnel Rules & Regulations.

E.F. Upon completion of an audit of overtime and wages, the parties agree to reopen to discuss any modifications that may be necessary, which may include but is no limited to the means and method for calculating overtime, including the overtime threshold of 212 hours.

F.G. Notwithstanding the provisions of California Government Code section 20516.5, the parties agree that the above-indicated represent the only bases for reopening this MOU during its term.

7. Successor MOU. This MOU shall be in full effect from July 1, 20223, through and including June 30, 20235. Either party may serve upon the other its written request to commence negotiations for a successor MOU, as well as its initial written proposals for such successor MOU, as early as February 1, 20235. Upon receipt of such written notice and proposals, negotiations shall commence no later than thirty (30) days thereafter. The Parties hereby declare that it is their mutual interest to negotiate a multi- year successor MOU consistent with City Council policy direction within the limitations of the City’s ability to pay with the intent to be completed no later than June 30, 20235.

9. Effective Date. The effective date of this MOU shall be July 1, 20223.

Incorporated MOU Amendment Next Page

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Incorporate the Following MOU Amendment

Subject MOU Amendment(s)
Restoring
Leave Caps
NEW LANGUAGE TO BE ADDED TO THE FOLLOWING ARTICLES: HOURS OF WORK/COMPENSATORY TIME OFF (CTO), AND VACATION LEAVE AS A NEW SECTION TITLED “RESTORING LEAVE CAPS”.

The parties agree that the previous contractually agreed upon leave caps shall be restored effective October 1, 2023. In order to effectuate this intent, the parties agree that the City will buy down any excess accrued leave to the original contractual accrued leave cap effective the last full payroll period in June 2023. The parties agree that employees will then have ninety (90) days, until October 1, 2023, to maintain and/or reduce their leave accruals below the contractual leave caps at which time employees will longer be allowed to exceed the leave caps. Those who are still over the cap on or after October 1, 2023, shall not accrue any more leave time until they bring their accrual balance below the leave cap and shall not be allowed to accrue over the cap from thereon. The parties understand that after buying down the excess accrued leave to the leave cap that it is likely in the first few payroll periods following that event that employees will exceed the caps again, so the parties have negotiated the ninety (90) day period to give employees time to sufficiently reduce their leave accruals to avoid future loss of accruals when the hard cap is imposed.

SIGNATURES NEXT PAGE

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Tentative Agreement Approved by City Council on 8/8/2023 MOU Approved by City Council on 8/8/2023

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF SUISUN CITY
AND
THE SUISUN CITY PROFESSIONAL FIREFIGHTERS’ ASSOCIATION,

INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
(IAFF), LOCAL 1186

JULY 1, 20223

THROUGH
JUNE 30, 20235

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i

Contents
Article 1 Preamble ................................................................................................................................... 1 Article 2 Recognition ............................................................................................................................... 1

1. Job Classes Represented ................................................................................................................... 1

2. Temporary/Limited-Service Positions/Classifications ...................................................................... 1 Article 3 City Rights ................................................................................................................................. 2 Article 4 Employee Rights ........................................................................................................................ 3 Article 5 Personnel Rules and Regulations .............................................................................................. 3 Article 6 No Discrimination ..................................................................................................................... 3 Article 7 Union Access ............................................................................................................................. 4

1. Union Business .................................................................................................................................. 4

2. Work Locations ................................................................................................................................. 4

3. Union Bulletin Board ......................................................................................................................... 4

4. Shop Stewards................................................................................................................................... 4

5. Release Time ..................................................................................................................................... 4

6. Union Business Leave ........................................................................................................................ 4

7. Labor/Management Committee ....................................................................................................... 5

8. Employee Orientation & Contact Information ................................................................................. 5

7. Dues Deduction ................................................................................................................................. 6 Article 8 Compensation ........................................................................................................................... 6 Salaries .............................................................................................................................................. 6

2. Salaries .............................................................................................................................................. 8

3. Acting Pay .......................................................................................................................................... 8

3. Interim Assignment Pay. ................................................................................................................... 8

4. Longevity Pay .................................................................................................................................. 99

5. Bilingual Pay .................................................................................................................................... 99 Article 9 Hours of Work ........................................................................................................................... 9

1. Attendance ........................................................................................................................................ 9

2. Work Schedule .................................................................................................................................. 9

3. Overtime Pay ..................................................................................................................................... 9

4. Overtime Credited as CTO .......................................................................................................... 1010

5. Above CTO Limit .............................................................................................................................. 10 232
ii

3. CTO Cash-Out .................................................................................................................................. 10

4. Restoring Leave Caps ...................................................................................................................... 10

5. Call Back ...................................................................................................................................... 1111

6. Paid Leave ................................................................................................................................... 1111 Article 10 Vacation Leave ........................................................................................................................ 11

1. Vacation Accrual .............................................................................................................................. 11

2. Maximum Accumulation ............................................................................................................. 1212

3. Vacation Cash-Out ...................................................................................................................... 1212

4. Restoring Leave Caps ....................................................................................................................... 12

5. Illness During Vacation ................................................................................................................. 1313

6. Separation from Service ............................................................................................................... 1313

7. Upon Death ................................................................................................................................. 1313 Article 11 Municipal Holidays .............................................................................................................. 1313

1. Recognized Holidays .................................................................................................................... 1313

2. Working On Holidays ...................................................................................................................... 13

3. Holiday Routine ............................................................................................................................... 13

4. Holiday Pay .................................................................................................................................. 1414 Article 12 Retirement Benefits ............................................................................................................ 1414

1. Classic Safety Fire Employee Benefits ......................................................................................... 1414

2. PEPRA New Safety Fire Employee Benefits ..................................................................................... 14

3. Sick Leave Conversion ................................................................................................................. 1515 Article 13 Medical and Dental Insurance ............................................................................................ 1515

1. Core Flex Plan .............................................................................................................................. 1515

2. Flexible Benefit Options .............................................................................................................. 1515

3. Restrictions ................................................................................................................................. 1515

4. Medical Insurance Benefits after Death While on Duty ................................................................. 15

5. Sick Leave Conversion to Fund Medical Premiums ........................................................................ 15 Article 14 Life Insurance, Deferred Compensation and IRC 401 (a) Plan ............................................ 1616

1. Life Insurance .............................................................................................................................. 1616

2. Deferred Compensation Plan ...................................................................................................... 1616

3. IRC 401(a) Plan ............................................................................................................................ 1616 Article 15 Supplemental Insurance ..................................................................................................... 1616 Article 16 Workers’ Compensation ......................................................................................................... 16 233
iii

Article 17 State Disability Insurance ........................................................................................................ 16

1. State Disability Insurance ................................................................................................................ 16

2. Payment of SDI Premiums .............................................................................................................. 16 Article 18 Payroll Status ...................................................................................................................... 1717

1. Payroll Status .............................................................................................................................. 1717

2. Continuation of City-Paid Insurance Premiums .......................................................................... 1717

3. Non-Payroll Status ...................................................................................................................... 1717 Article 19 Workers’ Compensation/SDI Medical Leave ...................................................................... 1818

1. Employee Options Regarding SDI Medical Leave ....................................................................... 1818

2. Medical Leave While on Workers’ Comp/SDI ................................................................................. 18

3. How a Supplement is Treated ......................................................................................................... 18

4. Paid Leave Accrual ...................................................................................................................... 1919

5. Leave of Absence While on SDI ................................................................................................... 1919 Article 20 Sick Leave ............................................................................................................................ 1919 Article 21 Leave of Absence Due to Injury Incurred While on Duty .................................................... 1919 Article 22 Light Duty ................................................................................................................................ 19 Article 23 Uniforms and Uniform Allowances ..................................................................................... 2020

1. Uniform Allowances .................................................................................................................... 2020

2. Uniforms ..................................................................................................................................... 2020 Article 24 Reimbursement for Education or Training ......................................................................... 2020

1. Approval ...................................................................................................................................... 2020

2. Reimbursement........................................................................................................................... 2020

3. Certification and Educational Incentive Pay ............................................................................... 2121

4. EMT and Paramedic Incentive Pay Pilot Program ....................................................................... 2121 Article 25 Physical Fitness Program ..................................................................................................... 2121 Article 26 Probationary Period ................................................................................................................ 21 Article 27 Performance Evaluations .................................................................................................... 2222

1. Annual Performance Evaluation ................................................................................................. 2222

2. Purpose ....................................................................................................................................... 2222

3. Procedure .................................................................................................................................... 2222

4. Merit Increases ........................................................................................................................... 2222 Article 28 Disciplinary Action............................................................................................................... 2222 Article 29 Grievance Procedure ........................................................................................................... 2222 234
iv

Article 30 Contracting Out ................................................................................................................... 2222 Article 31 Employee Assistance Program ............................................................................................ 2323 Article 32 General Provisions .............................................................................................................. 2323

1. Severability .................................................................................................................................. 2323

2. Full Understanding ...................................................................................................................... 2323

3. No Requirement to Meet and Confer ......................................................................................... 2323

4. Reopener ..................................................................................................................................... 2323

5. Savings Clause ............................................................................................................................. 2424

6. No Strike/Lockout ....................................................................................................................... 2424

7. Successor MOU ........................................................................................................................... 2424

8. Distribution of MOU .................................................................................................................... 2424

9. Effective Date .............................................................................................................................. 2424

235
1 Memorandum of Understanding
Between
The City of Suisun City
And
The Suisun City Professional Firefighters’ Association, International Association of Firefighters (IAFF), Local 1186

Article 1 Preamble

This Memorandum of Understanding (hereinafter “MOU”) is made and entered into between the CITY OF SUISUN CITY, (hereinafter “City”), and the Suisun City Professional Firefighters’ Association formally recognized as the INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1186 (hereinafter “Union”), a formally Recognized Employee Organization pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code Section 3500 et seq.) representing the recently established Fire Unit.

The Parties have met and conferred in good faith through their designated representatives concerning those matters set forth in Government Code Section 3504 and have reached agreement thereon as set forth in this MOU. The Parties agree that this MOU shall be submitted to the City Council of the City of Suisun City with the joint recommendation of the designated representatives of the Parties that the City Council approve the MOU and take any additional action as may be necessary to implement its provisions.

Article 2 Recognition

1. Job Classes Represented.

The City recognizes the Union as the exclusive representative for the Fire Unit consisting of the following represented Job Classes:

Fire Engineer
Fire Captain

2. Temporary/Limited-Service Positions/Classifications.

It is agreed that Temporary Employees, Part-Time Employees, Emergency Employees, Volunteer Employees, and contractors are not governed by this MOU and are not represented by the Union.

Employees who work less than full time are not represented by the Union. If an employee who had occupied a Temporary, Provisional, or grant-funded Position/Classification is subsequently hired into the same job class as a Union represented Regular Employee, they shall be placed in the step level nearest to but not lower than their last Pay Rate as a Temporary, Provisional, or grant-funded Employee.

3. Licenses and Certifications.
236
2 The parties agree that positions requiring a license or certification must maintain a valid license or certification as required for their position, as a condition of employment. Effective July 1, 2023, all current employes holding a paramedic license, and future employees who obtain a paramedic license, shall be required to maintain possession of their paramedic license as a condition of employment. Paramedics are responsible for providing the City with all necessary documentation to verify licensing, accreditation and continuing education requirements are being met in accordance with Solano County EMS Agency requirements.

Article 3 City Rights

1. Except as limited by the specific and express terms of this MOU, the City hereby retains and reserves unto itself all rights, powers, authority, duty and responsibilities confirmed on and vested in it by the laws and the Constitution of the State of California, the Suisun City Code, and/or the laws and Constitution of the United States of America.

2. Regardless of any provision contained in this MOU or which may be inferred from this MOU, the City shall retain and shall have the right to exercise the following exclusive rights which include, but are not limited to, the following:

A. The right to hire and fire.

B. The right to determine the mission of its constituent departments, divisions, commissions, and boards.

C. The right to set standards of service and municipal fees and charges.

D. The right to determine the procedures and standards of selection for employment, assignment, transfer, and promotion of applicants and Employees, provided in the case of Employees that the exercise of such right shall not infringe on any rights that Employees have under this MOU.

E. The right to direct its Employees.

F. The right to discharge or suspend Employees for just cause and take other disciplinary actions against its Employees as set forth herein.

G. The right to relieve its Employees from duty because of lack of work or other legitimate reasons.

H. The right to maintain the efficiency of governmental operations.

I. The right to determine the methods, means, and staffing to conduct governmental operations.

J. The right to determine and re-determine job content and job classifications.

K. The right to contract out any work which is now being performed by Employees of the City or which shall be performed in the future by Employees of the City, provided this only occurs in those situations where the tasks cannot be accomplished by current Union members as efficiently, economically, and expediently as can be achieved by such contracting out, provided that the City shall make every reasonable effort to place Employees displaced by such contracting out in other City service requiring similar skills as the work performed by the Employee when displaced by the contracting out and which requires minimal training to afford the Employee opportunity to adequately perform the new position. 237
3 L. The right to take all necessary actions to carry out the mission of the City, its constituent departments, divisions, or commissions and boards in cases of emergencies.

M. The right to exercise complete control and discretion over its organization and the technology of performing its work.

Article 4 Employee Rights

Subject to the provisions of the City’s Employer-Employee Relations Resolution No. 74-33 (“EERR”) and any ensuing successor EERR resolutions, Employees of the City shall have the right to form, join, and participate in the activities of a Recognized Employee Organization of their own choosing for the purpose of representation on matters of employer-employee relations, including but not limited to, wages, hours, and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of Recognized Employee Organizations.

Article 5 Personnel Rules and Regulations

Administrative Directive - AD 7, the City’s Personnel Rules and Regulations (hereinafter “Personnel Rules”), was approved by City Council Resolution No. 2011-52 on June 7, 2011. Except as may be provided in this MOU, the applicable sections of the Personnel Rules, as may be amended from time to time, shall apply to the Employees represented by the Union. Prior to amending Resolution No. 2011-52 regarding wages, hours, or other terms and conditions of employment, the Parties shall first meet and confer on the modifications as provided in the Meyers-Milias-Brown Act (Government Code Section 3500 et seq.). Unless otherwise provided in this MOU, the definitions of terms used in this MOU shall be the definitions provided in Chapter 2 of the Personnel Rules.

Article 6 No Discrimination

It is agreed that neither the Union, nor the City shall discriminate against any Employee because of race, national origin, gender, Union membership, protected concerted Union activity, or refusal to join the Union.

For an employer, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment.

For a labor organization, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person, to exclude, expel, or restrict from its membership the person, or to provide only second-class or segregated membership or to discriminate against any person because of the race, 238
4 religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of the person in the level of representation provided to that individual, the ability to run for an office in the Union or to discriminate in any way against any of its members.

Article 7 Union Access

1. Union Business.

All Union business will be conducted by Employees and Union representatives outside of established working hours. Nothing herein shall be construed to prevent a Union representative or an Employee from contacting the City Manager or other management representatives regarding personnel- related matters during working hours.

2. Work Locations.

The authorized Union Representative, if any, shall be given access to the Fire Station during working hours, provided that prior to visiting the Fire Station, the Union Representative notifies the Fire Chief.

3. Union Bulletin Board.

The City agrees to provide space for one bulletin board to be provided by the Union at the Fire Station for the announcement of Union meetings, election of Union officers and any other material related to the official business of the Union. All material shall clearly state that it is prepared and authorized by the Union. The Union agrees that notices posted shall not contain any material which may reasonably be construed as maligning the City or its representatives, detrimental to the labor-management relationship nor of a political or controversial nature.

3.4. Shop Stewards.

In addition to the Union president, one steward shall be appointed by the Union as alternate representative to assist in resolving workplace issues and other representational duties including but not limited to Grievances.

4.5. Release Time.

The City may grant a total of 16 hours of paid time for the Union president and one steward to attend training scheduled during the Employee’s normal working hours. Those hours may be split among the two Union officials at the Union’s discretion. The Union will be responsible for overseeing the time used and calculating the time remaining. The Union must notify the City Manager or designee with each approved time off request. The Union president shall submit written requests for release time to the Employee’s immediate supervisor. The supervisor’s decision to approve will be based on the operational needs of the City. The Employee and the Union president will certify the Employee’s attendance. Unused training hours may accrue to a maximum of 32 hours.

6. Union Business Leave.
239
5 The City and SCPFA agree the Union may secure donation of vacation or CTO accrual hours from represented members to fund the union leadership’s participation or attendance in functions for official union business. The donated hours will be converted to the hourly equivalent of the employee receiving the hours. The City agrees to work with the Union on establishing a form to be used for this purpose. The Union will be responsible for securing the donations, which must be documented in writing on the appropriate form, and submitted to the Finance Department for payroll processing during the payroll period in which the donated hours will be used. Both the employee donating the hours and the employee receiving the hours must sign the form.

For example. Employee A earns $10.00 per hour and donates ten (10) hours to Employee B to use for Union Business. Employee B earns $20.00 per hour. The hours donated by Employee A will be converted to the hourly equivalent for Employee B, resulting in five (5) hours of donated leave.

5.7. Labor/Management Committee.

The City and the Union agree to set up a Labor / Management Committee to encourage open communication, to promote harmonious relations, and to resolve matters of mutual concern. The Committee will meet quarterly or as mutually agreed to by the parties. The Committee will be composed of one representative from the City, one representative from the Union, and the Union Business Agent, if any. The meetings are informal and are not intended to be for discussion of issues handled under other provisions herein such as grievances, disciplinary actions, or negotiations.

6.8. Employee Orientation & Contact Information.

All Employees will receive a New Employee Orientation within their first five (5) regular Workdays of employment with the City. The New Employee Orientation will be presented by Human Resources Division staff members at a time and place determined by the City. The purpose of the orientation is to review and complete required payroll, insurance, benefits, and similar required documentation; to train the Employee regarding City and/or Departmental policies, procedures, and specific requirements of the position; and to provide other necessary information. At no time during the orientation shall a City or Union representative provide derogatory information or advocacy about the other.

A. The City will provide the Union notice of a pending New Employee Orientation within one (1) business day of the execution of an employment offer letter.

B. One (1) Union representative, officer, steward, or member will be provided an opportunity for a 15-sixty (60) minute private session with the new Employee during the New Employee Orientation. The Union may provide written information to be included with the orientation materials, in lieu of such a private session. Two (2) business days prior to the New Employee Orientation, the Union will provide to Human Resources the name and the contact information of its participating representative. The City and the Union will mutually agree to a suitable time during the New Employee Orientation for The Union’s private meeting with the new Employee. Such private meeting will occur at the same location as the New Employee Orientation.
240
6 C. Within 30 days of hire, and annually thereafter, the City will provide the Union with Employee contact information in electronic format as required by State law for all represented Employees.

D. The Union will provide the City a minimum of thirty days’ notice of any change in the amount of membership dues to be deducted.

E. The City will not provide the Union with any home address, home telephone number, personal cellular telephone number, or personal email address of any employee who has made a written request to the City regarding non-disclosure of said information (except, with respect to personal email addresses, as may be necessary to comply with the California Public Records Act).

7. Dues Deduction.

The Union may request that the City deduct membership dues, initiation fees, and general assessments, as well as payment of any other membership benefit program sponsored by the Union, from the wages and salaries of Union members. The Union hereby certifies that the Union has and shall maintain all such deduction authorizations signed by the individual from whose salary or wages the deduction is to be made and shall not be required to provide a copy of an individual authorization to the City unless a dispute arises about the existence or terms of the authorization.

Accordingly, Union membership dues shall be deducted over 24 pay periods in accordance with the City procedures and provisions of applicable law from the salary of each employee whose name is provided by the Union. Such deduction shall be made only when the Union member’s earnings for the subject pay period are sufficient after other legally required deductions are made.

A. Remittance of the aggregate amount of all such monies shall be made by the City to the Union at the conclusion of each payroll period in which said dues were deducted. Any changes in Union dues must be given to the City a minimum of thirty (30) days prior to change to accommodate changes to payroll.

B. The Union shall have a duty to defend and shall indemnify and hold harmless the City against any liability arising from a claim, demand, or other action relating to any The Union requested deduction, or any provision or obligation set forth in this Article. The City reserves the right to select its own counsel for its defense hereunder at the Union’s expense.

Article 8 Compensation

1. Salaries. Assuming funding pursuant to the American Rescue Plan Act of 2021 as a condition precedent, the City proposes to provide additional pay to all bargaining unit employees as follows:

1. A.

B. 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.

C. Payments will be made on a bi-weekly basis.

D. All the additional pay hourly increases authorized herein will sunset June 30, 2023. 241
7 E.A. Effective May 12, 2023, the City will provide base hourly wage increases of $6 per hour to the wage range and to the employee’s position within that range for all represented fire safety job classes.Effective the first pay period following 7/1/2023, the base wage rates set forth in the Citywide Salary Schedule shall be adjusted as follows:

Job Class Monthly Salary
Prior to Base
Wage Adjustment
Eff. 5/12/23
Base Wage
Increase
Eff.
5/26/23
Approx. % of
Base Wage
Increase Eff.
5/12/23
Approx.

Monthly
Salary Eff.
5/12/23
Proposed Wage
Adjustment
(Rounded 3
decimal points)
Approx
New
Monthly
Top Step
Approx
Total %
Change
Fire
Captain
$8,738 $6/hour 17.1% $10,233 2.176% $10,455 19.7%
Fire
Engineer
$8,010 $6/hour 18.7% $9,505 0.000% $9,505 18.7%

B. Fire Engineers: The base wage increase provided to the Fire Engineer employees’ position within the range decreased the differential between steps to less than 5% as identified in the new alpha numerical salary range established for this classification.

C. Fire Engineers: New hires starting May 12, 2023, in the Fire Engineer classification will be hired into the base numerical range which maintains 5% differential between each step in the range.

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.

D. Fire Captains: The base wage increases provided effective 5/12/2023 to the employee’s position within the range decreased the differential between steps to less than 5% as was identified by the alpha numerical salary ranges established for the Fire Captain classification. The alpha salary range will be eliminated once the proposed base wage adjustments for the successor MOU are implemented. The affected employees in the alpha numeric ranges will be transitioned to the base numerical range assigned to their classification and will advance one pay step to avoid a negative salary adjustment as a result of implementing this provision. This shall not affect the incumbent’s anniversary dates; however, employees who receive an accelerated step increase will then be eligible to advance to the next pay step on their anniversary date in 2024. Nothing herein requires the City to maintain the 5% differential between steps.

E. Effective the last full pay period of June 2025, represented employees shall receive a two-point five (2.5%) percent Cost of Living Adjustment (COLA), condition precedent on if the City’s actual revenue for Fiscal Year 2023/24 exceed budgeted revenues for Fiscal Year 2023/24 by at least three (3%) percent.

F. Fire Engineers: Effective the first pay period following City Council adoption of the successor memorandum of understanding (MOU) or the first pay period following 7/1/2023, whichever is later, the current incumbent Fire Engineers shall receive a lump sum retention bonus of one thousand dollars ($1,000.00).

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8 G. Fire Engineers: Effective the first full pay period of January 2024, current incumbent Fire Engineer employees, if still on payroll as of the payment date, shall receive a lump sum retention bonus of one thousand dollars ($1,000.00).

H. Effective the first full pay period of July 2024, current incumbent represented employees, if still on payroll as of the payment date, shall receive a lump sum retention bonus of one thousand dollars ($1,000.00).

I. Effective the first full pay period of January 2025, current incumbent represented employees, if still on payroll as of the payment date, shall receive a lump sum retention bonus of one thousand dollars ($1,000.00).

2. Salaries.

The City will provide hourly compensation at the same monthly rate as contained in the Citywide Salary Schedule. Hourly rates will be calculated to reflect Alternative Work Schedule described herein.

3. Acting Pay.

Employees covered by this MOU shall receive Acting Pay under the following conditions:

A. Employees must qualify to receive Acting Pay by when assigned to acting in the a higher job class and performing to perform substantially the full range of duties and responsibilities of the higher job class for a minimum period of two weeks. The qualifying period may be satisfied one full workday at a time. Acting Assignments are typically long- term assignments resulting from a vacancy in the higher job classification that may occur through separation, extended vacation, or a long-term leave of absence.

B. Employees who are certified assigned to act in a higher job class will receive Acting Pay in an amount of five (5.0%) percent of their current salary whenever they are assigned to act in the higher job class for a minimum of two consecutive weeks, retroactive to the first day of the assignment, while performing substantially the full range of duties and responsibilities of the higher job class.

C. To receive Acting Pay, there must exist a budgeted position, the assignment must be made in writing, employees must meet the minimum qualifications of the higher job class, and employees may not refuse to perform any duty or responsibility of the higher job class.

D. Acting Pay shall not be applied to a request to cash-out any form of paid leave, or payment for accrued and unused paid leave hours on the books at time of separation.

3. Interim Assignment Pay.

Employees who are not receiving any other Acting or Assignment Pay shall receive Interim Assignment Pay (hereinafter “IA Pay”) while they are serving in an interim capacity of a higher job classification due to short term absences (open shifts or hours), IA Pay shall be provided as assigned on an hour-for-hour basis. IA Pay shall be calculated as an hourly r ate equivalent to five percent (5%) of the employee’s base hourly rate of pay. Employees must meet department standards and requirements to be eligible for an 243
9 Interim Assignment, as established in the Fire Department’s policy. Time spent in on the job training to qualify for interim assignments shall not be compensated at the IA rate of pay.

4. Longevity Pay.

Upon the completion of five (5) years of continuous full-time service, represented employees shall be entitled to a 3.0 percent increase in compensation; employees who complete ten (10) years of continuous full-time service shall be entitled to an additional 3.0 percent increase in compensation (for a total of 6.0 percent).

5. Bilingual Pay.

A represented employee fluent in Spanish, Tagalog or other language, the use of which the City Manager has determined to be of benefit to the City (based on the recommendation of the Fire Chief), shall be paid $46.15 per pay period upon written approval by the City Manager. Fluency shall be certified by a test administered through the Human Resources office. To become certified, an employee must achieve a score of at least 9 on a scale of 12. A certified employee shall request Bilingual Incentive Pay on a form approved by the City Manager. Employees shall be recertified at least once every two years.

Article 9 Hours of Work

1. Attendance.

Employees shall be in attendance at their workstation in accordance with departmental schedules unless on approved leave.

2. Work Schedule.

Fire Captains and Fire Engineers will be assigned to a 48/96 work schedule consisting of 24-hour workdays to comprise a workweek on average of 56-hours, with two days on and four days off (XXOOOO where X = workday and O = day off), as determined by the Fire Chief.

3. Overtime Pay.

For the purpose of overtime and minimum time calculations as required by the federal Fair Labor Standards Act (“FLSA”) , an employee may not be paid twice for the same time period. If time periods overlap, then the time shall be calculated as a continuous work period.

A. The City agrees to compensate eEmployees scheduled assigned to a 48/96 work schedule consisting of an average 56-hour workweek at a rate of one and one-half times the employees’ regular rate of pay, as that phrase is defined in the FLSA (hereinafter “Overtime Rate”) receive overtime pay for each hour of work required in excess of the first 53 hours scheduled per workweek, consistent with a 7-day work period, as defined by the FLSA 7K exemption.

A.B. The parties agree to a 28-day FLSA work period with overtime to be paid for hours worked in excess of two hundred and twelve (212) hours in the work period, consistent with FLSA 244
10 7K exemption. The City shall provide 30-days advance notice regarding implementation of the 28-day work period, with no further meet and confer required.

B.C. The City will implement reporting of time worked over the FLSA threshold of 53 hours per workweek as premium pay in accordance with California Code of Regulations (CCR), Title 2, Section 571.The City will comply with FLSA premium pay reporting as required.

C. Employees shall be compensated at the applicable Overtime Rate for work assigned in excess of the regularly scheduled workday, rounded to the nearest minute.

D. For purposes of Overtime computation, all paid time, including Sick Leave, Vacation Leave, and Compensatory Time Off (the “CTO”), shall be considered hours worked.

E. All overtime hours must be approved in advance by the Fire Chief or his/her designee; provided, however, that when emergency conditions exist, the Fire Chief or his/her designee may approve exceptions to this procedure.

4. Overtime Credited as CTO.

Except as provided in Section 4.C below, overtime worked may be credited as Compensatory Time Off (“CTO”) or be paid as overtime at the discretion of the Employee. CTO will be credited at a rate of one and one-half times the overtime hours worked. The maximum accumulation of CTO is as follows:

A. First 10 years of City service: 160.0 hours;
B. Over 10 years of City service: 200.0 hours;
C. Any Overtime worked in excess of these limits shall be compensated on a paid basis.

5. Above CTO Limit.

If an Employee is at or above the CTO accumulation limit, then they will prospectively only get paid Overtime (as opposed to CTO) for Overtime worked. Once the CTO accumulation balance has been reduced by 40.0 hours below the accumulation limit, an Employee will again be allowed to accrue CTO as opposed to receiving Overtime pay. Upon separation of service, an Employee is entitled to receive the cash value of all accumulated CTO.

2.3. CTO Cash-Out.

Employees are allowed to cash out a maximum CTO amount as accumulated by January of each year (1-10 years of service to Suisun City: 40 fifty-six (56) hours; 10 years and above: 50 seventy (70) hours). The Finance Department will send out a request form in November of the preceding year that includes written verification of each Employee’s current CTO balance. Employees may make an irrevocable request for the upcoming calendar year to cash-out CTO by filling out and signing the form provided by Finance. The form must be submitted to Finance by the date provided on the form which must be in the calendar year preceding the January cash-out. With the exception of the January cash-out, Employees may not cash out CTO except upon leaving City Service. No CTO cash-out election will be allowed for any Employee for a period of four months following the last day of a suspension from duty for disciplinary reasons.

4. Restoring Leave Caps.
245
11 The parties agree that the previous contractually agreed upon leave caps shall be restored effective October 1, 2023. In order to effectuate this intent, the parties agree that the City will buy down any excess accrued leave to the original contractual accrued leave cap effective the last full payroll period in June 2023. The parties agree that employees will then have ninety (90) days, until October 1, 2023, to maintain and/or reduce their leave accruals below the contractual leave caps at which time employees will longer be allowed to exceed the leave caps. Those who are still over the cap on or after October 1, 2023, shall not accrue any more leave time until they bring their accrual balance below the leave cap and shall not be allowed to accrue over the cap from thereon. The parties understand that after buying down the excess accrued leave to the leave cap that it is likely in the first few payroll periods following that event that employees will exceed the caps again, so the parties have negotiated the ninety (90) day period to give employees time to sufficiently reduce their leave accruals to avoid future loss of accruals when the hard cap is imposed.

3.2. Salaries.

The City will provide hourly compensation at the same monthly rate as contained in the Citywide Salary Schedule. Hourly rates will be calculated to reflect Alternative Work Schedule described herein.

4.5. Call Back.

All hours worked when called back to work will be paid at the Overtime rate. An employee will be paid a minimum of two (2) hours of Call Back Pay. Call Back Pay will commence when the employee departs to the requested work location.

5.6. Paid Leave.

All paid leave (Sick Leave, Vacation Leave, and CTO) shall be charged to the Employee’s paid leave balance(s) for all hours not worked up to the scheduled hours for that day(s). For example, if an Employee is off sick on a 24.0-hour day that Employee’s Sick Leave balance would be reduced by

24.0 hours for that absence.

Article 10 Vacation Leave

Use of Vacation Leave requires prior written approval by the Department Head or their designee.

Employees are encouraged to take vacations lasting at least one week. Vacation Leave may not be granted in excess of the Vacation Leave balance that has been accrued at the time that the Vacation Leave is granted.

1. Vacation Accrual.

Accrual of Vacation Leave shall commence effective with the date of hire, according to the following schedule, prorated on a pay period basis (annual total divided by 26 bi-weekly pay periods to two decimal places of accuracy):

246
12 A. For the First Five Years of Service: Employees shall earn and be credited with Vacation Leave at the rate of 112.0 hours per year for those working a 56 hour per week schedule.

B. Commencing at the start of the Six Year: Employees shall earn and be credited with Vacation Leave at the rate of 168.0 hours per year for those working a 56 hour per week schedule.

C. Commencing at the start of the Eleventh Year: Employees shall earn and be credited with Vacation Leave at the rate of 224.0 hours per year for those working a 56 hour per week schedule.

D. Commencing at the start of the Sixteenth Year: Employees shall earn and be credited with Vacation Leave at the rate of 257.6 hours per year for those working a 56 per week schedule.

2. Maximum Accumulation.

Employees with 15 or fewer years of service with the City may accumulate up to a maximum of 240.0 hours of Vacation Leave. Employees with over 15 years of service with the City may accumulate up to a maximum of 320.0 hours of Vacation Leave. Under exceptional circumstances, such as heavy workloads or staffing shortages, the City Manager may authorize the accumulation of additional Vacation Leave. If an Employee is at the limit, they must request to take Vacation Leave off. If a written request to do so is disapproved, the limit may be increased by the City Manager. Failure to request time off will result in stopping the accumulation/accrual of Vacation Leave until the balance is reduced by 40 hours.

3. Vacation Cash-Out.

Employees may Cash-out a maximum of forty (40) fifty-six (56) hours of Vacation Leave in January of each year as long as there remains a minimum of eight (8) hours in the employee’s Vacation Leave balance after cash-out. The Finance Department will send out a request form, in November of the preceding calendar year, that includes written verification of each employee’s current Vacation Leave balance. Employees may make an irrevocable request for the upcoming calendar year to cash-out Vacation Leave by filling out and signing the form provided by Finance. The form must be submitted to Finance by the date provided on the form. With the exception of the January cash-out, Employees may not cash-out Vacation Leave except upon leaving City Service.

No Vacation cash-out election will be allowed for any Employee for a period of four months following the last day of a suspension from duty for disciplinary reasons.

4. Restoring Leave Caps.

The parties agree that the previous contractually agreed upon leave caps shall be restored effective October 1, 2023. In order to effectuate this intent, the parties agree that the City will buy down any excess accrued leave to the original contractual accrued leave cap effective the last full payroll period in June 2023. The parties agree that employees will then have ninety (90) days, until October 1, 2023, to maintain and/or reduce their leave accruals below the contractual leave caps at which time employees will longer be allowed to exceed the leave caps. Those who are still over the cap on or after October 1, 2023, shall not accrue any more leave time until they bring their accrual balance below the leave cap and shall not be allowed to accrue over the cap from thereon. The parties understand that after buying down the excess accrued leave to the leave cap that it is likely in the first few payroll periods following that event that employees will exceed the caps again, so the parties have negotiated the ninety (90) day period to give 247
13 employees time to sufficiently reduce their leave accruals to avoid future loss of accruals when the hard cap is imposed.

4.5. Illness During Vacation.

If an Employee becomes ill while on Vacation Leave, Sick Leave may be authorized instead of Vacation Leave upon approval of the Department Head. The Department Head may require written physician’s verification of the Employee’s illness.

5.6. Separation from Service.

Upon separation from service, an Employee is entitled to receive the cash value of all accrued Vacation Leave.

6.7. Upon Death.

When separation is caused by death, payment equivalent to accrued Vacation Leave shall be made to the Employee's estate.

Article 11 Municipal Holidays

1. Recognized Holidays.

The following are recognized as Holidays:

The first day of January, New Year's Day.

The third Monday in January, Martin Luther King's Birthday.

The third Monday in February, President’s Day.

The last Monday in May, Memorial Day.

The nineteenth day of June, Juneteenth Day.

The fourth day of July, Independence Day.

The first Monday in September, Labor Day.

The second Monday in October, Columbus Day.

The eleventh day of November, Veteran's Day.

The fourth Thursday in November, Thanksgiving Day.

The fourth Friday in November, the day after Thanksgiving Day.

The twenty-fifth day of December, Christmas Day.

Any date proclaimed by the Mayor of Suisun City as a Holiday.

Holidays proclaimed by the President of the United States or the Governor of the State of California shall be subject to the meet and confer process.

2. Working On Holidays.

Fire Unit Employees are required to work when scheduled on a Holiday as a matter of health and safety of the community.

3. Holiday Routine.
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14 Employees will not be required to engage in training drills on the recognized City holidays identified in Section 1. All other daily functions including, but not limited to, emergency response, emergency preparedness, maintenance and upkeep of facilities and equipment, related administrative work, public education and participation in community events will continue as usual on the recognized City holidays identified in Section 1.

4. Holiday Pay.

A. Prior to July 1, 2022, the City paid Fire Unit Employees scheduled to work on a holiday with five (5) days’ notice an overtime rate of one and one half (1.5) times the Employee’s regular rate of pay for each hour worked. Employees scheduled with less than five (5) days’ notice were paid an overtime rate of two (2) times the Employee’s regular rate of pay for each hour worked.

B. Effective July 1, 2022, the City shall no longer provide any special pay for employees working a holiday, but rather all employees shall receive 2.0% of base salary paid as holiday compensation in lieu of observing time off on a holiday. Holiday compensation will be paid on a biweekly basis.

2.5. Section 8.6 of the Personnel Rules shall not apply.

Article 12 Retirement Benefits

The Public Employees’ Pension Reform Act of 2013 (“PEPRA”) provides that all Employees who are currently participating in a CalPERS retirement plan, or those who have had a break in service that does not exceed six months, shall be considered “Classic” Employees. All “new” Employees as defined by CalPERS, hired after January 1, 2013, who do not meet this criteria shall be considered PEPRA “New Employees.”

1. Classic Safety Fire Employee Benefits.

Except as otherwise provided in this Article, the City agrees to provide the 2.0 percent at 55 CalPERS Retirement Plan, with One-Year Final Compensation, including the 1959 Survivor's Benefit Level 3, for Safety Fire Employees. The City shall pay the Employer’s contribution. The employee shall pay the Employee’s contribution as established by CalPERS. The salaries for Employees covered under the Safety Fire CalPERS Plan have been increased by 5.0 percent in lieu of the City’s provision of 2.0 percent at 50 Safety Fire Retirement Plan. Effective October 1, 2021, all Fire Safety employees covered by this MOU received an increase to their base hourly rate of 7.5 percent in exchange for the Classic Safety Fire Employees paying the full Employee contribution.

1.2. PEPRA New Safety Fire Employee Benefits.

The City agrees to provide 2.0% at 57 CalPERS PEPRA Plan for New Safety Fire Employees. The City shall pay the Employer’s contribution as established by CalPERS. The Employee shall pay the Employee’s contribution as established by CalPERS. Pursuant to PEPRA, no Employer Paid Member Contribution (“EPMC”) is allowed. Should any provision in this MOU be determined to be in conflict with PEPRA, the provisions of PEPRA shall take precedence.

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15 2.3. Sick Leave Conversion.

The City provides Credit for Unused Sick Leave pursuant to Government Code Section 20965.

Article 13 Medical and Dental Insurance

1. Core Flex Plan.

The City will contribute up to the equivalent of the Kaiser Permanente Region 1 Premium for Employee, Employee plus one, and Employee plus Family toward the monthly premium cost.

Should the health plan premium cost, selected by the employee, cost be less than the Kaiser Permanente Region 1 premium, the City shall pay no more that than the full cost of the health plan premium Kaiser Permanente rate, with the difference between the cost of the selected health plan premium and the maximum provided by the city eligible to be applied toward the cost of vision and dental premiums for employees who select a health plan with a lower cost premium.

2. Flexible Benefit Options.

The City agrees to provide five hundred dollars ($500.00) per month (employee only) and seven hundred dollars ($700.00) per month (employee plus one or more dependents) as a Flexible Benefit Credit that may be used in lieu of the Core Flex Plan enrollment per Section 1 of this Article. The Flexible Benefit Credit may be divided among Dental and Vision Premiums, Flexible Spending Accounts, and Taxable Cash Option. An Employee must choose choosing the Flexible Benefit Options must establish eligibility by providing verification of enrollment in a group health plan and must reestablish eligibility annually for continued enrollment in the Flexible Benefit Options during the each Open Enrollment Period established in by the Suisun City Flexible Benefits Plan.

3. Restrictions.

An Employee may either enroll in the Core Flex Plan or be entitled to the Flexible Benefit Options as described in Section 2 of this Article, but may not participate in both, with the exception of the Voluntary Pre-Tax Payroll Deduction Flexible Spending Account or enrollment in a Dental and/or Vision Plan.

4. Medical Insurance Benefits after Death While on Duty.

Should a Fire Safety member of this Union lose their life in the line of duty, the City agrees to continue to pay medical insurance payments as outlined above for the member's immediate dependent family, for those members enrolled in the City’s health plan. Said payments will continue for a period of up to three years, providing the City's insurance plan allows for continued participation. The surviving dependent family member(s) may remain on the City's medical plan at its own cost after the three years has elapsed, providing that the plan allows for continued participation.

5. Sick Leave Conversion to Fund Medical Premiums.

Upon normal retirement from the City by a Fire Safety member of this Union, 25.0 percent of an Employee's Sick Leave balance may be converted to a cash equivalent and used to fund medical 250
16 premiums. This conversion will be deducted from the amount of unused sick leave reported for CalPERS credit pursuant to Government Code Section 20965.

Article 14 Life Insurance, and Deferred Compensation and IRC 401 (a) Plan

1. Life Insurance.

The City agrees to provide a $200,000 term and accidental death and dismemberment insurance policy for each represented Employee. The face value of the policy will begin reducing at age 65, per the policy’s schedule of benefits.

2. Deferred Compensation Plan.

The City agrees to provide a Deferred Compensation Plan as an optional benefit to City Employees.

The City will match the Employee’s contribution up to 4% of the employee’s base salary or $118.00 (per pay period), whichever is greater. The City’s match will be contributed to participating Employees on a pay-period basis.

3. IRC 401(a) Plan.

During fiscal year 2023-24, the City agrees to provide a 401(a) Plan to bargaining unit employees.

The City will match the Employee’s contribution, dollar for dollar, up to twenty-four dollars ($24.00) per pay period, with a maximum of six hundred dollars ($600.00) annually. The established plan will have a vesting schedule of five (5) years. After the completion of five (5) years of continuous City service under the plan, employees will be one hundred percent (100%) vested.

Article 15 Supplemental Insurance

The City has contracted with Colonial for voluntary supplemental insurance benefits which may be paid through City payroll deductions. It shall be agreed that the City may choose different supplemental insurance providers from time to time as needed to provide such voluntary benefits in the best interest of the City.

Article 156 Workers’ Compensation

The City shall provide Workers’ Compensation Insurance coverage (hereinafter “Workers’ Comp”) for all Employees through its self-insured program.

Article 167 State Disability Insurance

1. State Disability Insurance.

The City shall participate under the State Disability Insurance Program (hereinafter “SDI”) for employees represented by the Union.

2. Payment of SDI Premiums.

SDI premiums shall be paid in full by the City on behalf of all participating Employees.

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17 Article 178 Payroll Status

1. Payroll Status.

Any Regular Employee shall be considered to be in a Payroll Status if the Employee is employed by the City under the one of the following conditions:

A. Working Full-Time.

B. Working Part-Time, at least a forty-two (42) hours or greater workweek.

C. Working on a restricted or limited duty basis.

D. Off work due to an injury or illness covered under Workers’ Compensation.

E. Off work due to an injury or illness covered under State Disability Insurance.

F. Off work while on an approved leave of absence covered under the Family and Medical Leave Act (FMLA).

G. Off work while on an approved leave of absence covered under the California Family Rights Act (CFRA).

H. Off work while on an approved leave of absence covered under Pregnancy Disability Leave (PDL).

2. Continuation of City-Paid Insurance Premiums.

The City shall continue to contribute the City’s share of the health, and life insurance premiums on behalf of an Employee who is receiving Workers’ Comp/SDI benefits, as long as they are in a Payroll Status with the City or within the period provided in Chapter 10 of the Personnel Rules.

An Employee is in a Payroll Status with the City, as long as they are using accrued Sick Leave, Vacation Leave, and/or CTO in conjunction with Workers’ Comp/SDI benefits to create the equivalent of their normal paycheck at least a forty-two (42) hour or greater workweek.

3. Non-Payroll Status.

A. Any Employee off work on SDI who has exhausted their benefits under FMLA, CFRA, or PDL, and who is off work pursuant to Subsections 1.E. through 1.H. of this Article, and who has insufficient accrued paid leave balances to create the equivalent of a normal paycheck at least a forty-two (42) hour or greater workweek, exclusive of Overtime, shall be considered to be in a Non-Payroll Status. Employees who are in a Non-Payroll Status will no longer accrue paid leave (Vacation and Sick), and the City will no longer contribute the City’s share of health insurance premiums on the Employee’s behalf. The City will continue to contribute life insurance premiums for employees in a non-payroll status.

B. An Employee off work pursuant to Subsection 1.D. of this Articleon Workers’ Compensation, and who has insufficient accrued paid leave balances to create the equivalent of his/her normal paycheck at least a forty-two (42) hour or greater workweek, exclusive of Overtime, shall be considered in a Non-Payroll Status. The Employee will no longer accrue paid leave (Vacation, and Sick, and Holiday); however, the City will continue to contribute the City’s share of health insurance premiums on the Employee’s behalf for a period of no more than 12 months from the date of injury. The City will continue to contribute life insurance premiums for employees in a non-payroll status. 252
18 C. Employees contributing to the 457 Deferred Compensation plan, and who are off work on Workers’ Compensation/SDI, will have all contributions to the deferred compensation plan stopped during the time on leave unless they are integrating sufficient accrued paid leave to cover the full amount of the requested deferred compensation plan contribution. Workers’ Compensation/SDI benefits are non-taxable benefits, therefore shall not be used toward 457 plan contributions.

Article 189 Workers’ Compensation/SDI Medical Leave

1. Employee Options Regarding SDI Medical Leave.

There are two three options available to an Employee who is otherwise eligible for SDI insurance benefits, which are as follows:

A. Option 1: Not applying for disability insurance benefits and using accrued Sick Leave, Vacation Leave, and/or Compensatory Time Off.

B. Option 2: Applying for disability insurance benefits and integrating accrued paid leaves with the SDI benefits. Such accrued paid leaves shall include Sick Leave, Vacation Leave, and/or Compensatory Time Off, in this order, unless the Employee provides written notice to the City to limit the integration to only accrued Sick Leave with SDI benefits. If Option 2 is elected, the Employee shall stipulate on the application for SDI benefits their Request for Leave (RFL) whether the Employee is integrating Sick Leave, and other leave accruals, with SDI benefits.

C. Option 3: Employees who apply for disability insurance, may provide the City with the supplemental benefits received by SDI, to be credited to a disability leave accrual account, which the City will then reissue to employees through payroll, enabling employees to remain on payroll status so long as they integrate accrued leave to create at least a forty- two (42) hour or greater workweek, ,exclusive of Overtime.

B.D. The amount of supplement for any hour of any normal Workday shall not exceed the difference between one hundred percent (100%).0 percent of the Employee’s normal gross salary rate and the “weekly benefit amount.”

2. Medical Leave While on Workers’ Comp/SDI.

Employees who are off work on medical leave covered under Workers’ Comp or SDI may supplement their insurance coverage benefits to ensure that they receive up to one hundred percent (100%).0 percent of their normal pay.

3. How a Supplement is Treated.

The Employee shall receive up to one hundred percent (100%).0 percent of the Employee’s their gross salary rate, including any regular hours worked and leave accruals to cover time off (Sick leave, Vacation, and/or CTO) until such time as the City is notified of the benefit paid to the 253
19 Employee. The pay period following notification (normally the next pay period), the Employee will receive up to one hundred percent (100%).0 percent of Employee’s gross salary rate less the when combining the supplemental amount provided by Workers’ Comp/SDI with integrated leave. Upon deduction of the amount equal to the supplemental amount from the Employee’s gross pay, the Employee’s Sick Leave, Vacation Leave, and/or Compensatory Time Off, shall be credited to the Employee’s appropriate benefit accounts in an amount equal to the Employee’s hourly Pay Rate.

4. Paid Leave Accrual.

An Employee shall earn Sick Leave and Vacation Leave benefits during any full bi-weekly pay period in which the Employee receives Workers’ Comp/SDI benefits and is on Payroll Status.

Furthermore, an Employee shall receive service credit including for seniority and merit step increases during such a period, as long as the Employee is in a Payroll Status with the City, as provided herein. Retirement service credit is determined by CalPERS.

5. Leave of Absence While on SDI.

An Employee who is receiving SDI benefits while absent from work, but who is in a Non-Payroll Status with the City is entitled to a leave of absence under Section 10.2 of the Personnel Rules subject to the requirements of that Section.

Article 1920 Sick Leave

Rules regarding Sick Leave are set forth in Section 10.1 of the Personnel Rules. Employees off work on a protected leave status shall be required to use available accrued paid leave prior to using leave without pay.

Article 201 Leave of Absence Due to Injury Incurred While on Duty

1. The City shall comply with applicable federal and state laws governing work-related injuries, leaves, and compensation.

2. Employees shall bring health and/or safety problems in the workplace to the attention of their supervisor as soon as possible.

3. The City shall coordinate accrued Sick Leave with Workers’ Compensation benefits.

4. Employees who have exhausted their Sick Leave balances may use accrued Vacation Leave, and/or Compensatory Leave consistent with the provisions of Personnel Rules Subsection 10.3.1.

Upon expiration of all paid leave time, an Employee shall be entitled to receive compensation only from the City's Workers’ Compensation third-party administrator.

Article 212 Light Duty

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20 1. Any Employee who previously has been off duty due to industrial injury or illness or other medical reason and who has been medically released by a doctor to return to work with restrictions may be assigned to light duty. Assignment to light duty will be based on the City’s ability to accommodate the work restrictions.

2. Light duty will not be approved unless there is work available which may be performed within the limitations and/or restrictions of the affected Employee.

Article 223 Uniforms and Uniform Allowances

1. Uniform Allowances.

The City shall pay Fire Unit employees required to wear uniforms in the performance of their duties an annual uniform allowance of $1300. Uniform allowance will be paid on the regular paychecks of a pro-rata basis, equally divided across each of the 26 paychecks.

2. Uniforms.

During the term of this MOU, the City shall continue to supply the required uniform components as determined by the Fire Chief in a written departmental policy.

Article 234 Reimbursement for Education or Training

1. Approval.

On the recommendation of a Department Head and the approval of the City Manager, any Employee may embark on an approved course of education to enhance their job skills. A course of study may include courses needed to gain a degree in a job-related field or to improve opportunities for advancement or promotion with the City of Suisun City. If the Employee's Department Head will not recommend reimbursement for a course of study, the Employee may appeal to the City Manager or their designee, whose decision shall be final. Department-mandated job-related training is separate from voluntary education and is provided on-duty and is determined based on the needs of the department. Employees seeking physical fitness program allowance will reduce the amount of education reimbursement they are eligible to receive by an amount equal to the reimbursement received under the physical fitness program.

2. Reimbursement.

Employees are eligible for educational reimbursement for approved classes, including tuition and books, which shall not exceed $1,500 per Employee per year. Courses require pre-approval, prior to the date of enrollment in the course, to ensure the expense is eligible under the MOU.

Upon successful completion of the coursework, the Employee shall submit to the Department Head and HR copies of dated receipts showing education costs (tuition, books, materials, mileage), as well as transcripts, grades or certificates showing successful course completion. If an Employee leaves City service within two years of receiving education reimbursement, the Employee must reimburse the City an amount equal to half of the total education reimbursement paid by the City.

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21 3. Certification and Educational Incentive Pay.

In order to encourage employees to provide optimum service to the public, employees may receive up to 5% incentive added to their base rate for a certification or relevant advanced education degree. A certification or advanced degree required for the position is not eligible for this incentive pay. To receive certification or education incentive pay, proof of completion must be submitted to the City Manager. During the EMT and Paramedic Incentive Pay Pilot Program, employees participating in the Pilot Program will not be limited to the 5% of incentive pay discussed herein. The following list is eligible for incentive pay at the assigned incentive rate:

A. Advanced degree beyond current requirement for job (AA, BA/BS, Masters) = 3% B. Chief Officer (FIRE) = 1.5%
C. Paramedic 1.5 5%

4. EMT and Paramedic Incentive Pay Pilot Program.

Effective 7/1/2023, As as a pilot program, Fire Engineers and Fire Captains will receive incentive pay of 2% of their base salary for maintaining their EMT Certification as required for their positions. EMTs may not receive more than 6.5% total Incentive Pay when combined with the Certification and Educational Incentive Pay. Fire Engineers and Fire Captains who maintain their Paramedic Certification will receive an additional incentive pay of 8.5%) of their base salary (for a total of 10%). Employees receiving Paramedic Incentive Pay are not eligible to receive EMT Incentive Pay. Paramedics may not receive more than 13 14.5% total Incentive Pay when combined with the Certification and Educational Incentive Pay. This Incentive Pay will cease / sunset June 30, 20235, at midnight.

Article 245 Physical Fitness Program

Upon approval of the Fire Chief, an Employees may apply receive an annual allowance of up to $250 of the employee education and training incentive pay reimbursement, as reimbursement for 50to be used toward fifty percent (50%) of the actual cost of health club membership or other approved physical fitness training. Reimbursement The Physical Fitness allowance will be made twice annuallypaid on the regular paychecks on a pro-rata basis, equally divided across each of the 26 pay checks. Requests for reimbursement must be submitted by the Employee at least 30 days prior to the scheduled reimbursement date. Employees must opt into the Physical Fitness Program annually, during the month of June for the following fiscal year. Employees will be required to submit verification of membership at a health club or in another physical fitness training program and must maintain membership throughout the year to continue receiving this allowance.

Employees must immediately report termination of their health club or physical fitness program membership to avoid overpayment of this allowance. This reimbursement allowance may only be used for club dues or other approved physical fitness training regimen and may not be used to purchase home gym equipment.

Article 256 Probationary Period

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22 Rules regarding Probationary Period are set forth in Section 7.5 of the Personnel Rules. These rules are amended to include the following provision:

All newly appointed Fire Engineers and Fire Captains shall serve a probationary period of 12 months.

Article 267 Performance Evaluations

1. Annual Performance Evaluation.

Every represented Regular Employee shall receive a performance evaluation by their immediate supervisor at least annually. The annual review will normally occur within 30 days of the Employee’s Anniversary Date, unless an alternate schedule is approved by the City Manager.

2. Purpose.

The purpose of the Annual Performance Evaluation is to promote the successful performance of all City Employees through a process that provides feedback on past performance and directs future performance by identifying performance goals and objectives.

3. Procedure.

The Employee’s Department Head or designee will provide a written evaluation of the Employee’s performance in a variety of skill or performance areas.

4. Merit Increases.

In order to advance to a Pay Rate in the Pay Range, the evaluation must demonstrate that the advancement is merited on the basis of job performance. Performance ratings shall guide supervisors and Department Heads in determining whether merit advancements have been earned and should be recommended to the City Manager. Department Heads shall have the authority and responsibility to withhold or delay merit advancements if such advancement is not merited.

Article 278 Disciplinary Action

Rules regarding Disciplinary Action are set forth in Chapter 12 of the Personnel Rules. The City recognizes the Firefighter Bill of Rights, Government Code Section 3250 through 3262.

Article 289 Grievance Procedure

Rules regarding the Grievance Procedure are set forth in Chapter 11 of the Personnel Rules.

Article 2930 Contracting Out

In the event that the City decides to outsource work to a private contractor that would result in the displacement of current represented Employees, the City shall include a request in the Request for Proposal (hereinafter “RFP”) that prospective contractors include a proposal to hire said Employees in their response to the RFP.

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23 Article 301 Employee Assistance Program

The City will continue to provide an Employee Assistance Program (EAP). The program will include at a minimum but not limited to, five personal counseling sessions, counselors located within a reasonable commute distance, substance abuse counseling, availability of emergency visits, and workplace crisis response. Employees will be provided with a brochure outlining the benefits of the program.

Article 312 General Provisions

1. Severability.

If any provision of this MOU should be held invalid or restrained by operation of law or by any court of competent jurisdiction, the remainder of this MOU shall not be affected.

2. Full Understanding.

The Parties agree that this MOU sets forth the full and entire understanding of the Parties regarding the matters set forth herein, and verbal statements shall not supersede any of its provisions.

3. No Requirement to Meet and Confer.

Except as otherwise provided in this Article, the Parties agree that neither Party shall be required to meet and confer concerning any specific provision of this MOU during the term of this MOU.

4. Reopener.

Upon the written request of the City Manager, the Parties agree to reopen negotiations during the term of this MOU for the following purpose:

A. Declaration of a Fiscal Emergency by the City Council which could result in Layoffs if the parties do not meet and confer on alternatives.

B. If any other bargaining group has an employment contract with the City of Suisun City that contains applicable compensation provisions that are more advantageous for the Employees than this MOU, the parties may agree to meet and confer on the modification of this MOU.

C. A positive or negative change occurs in the City’s fiscal status that would affect the availability of funding for services provided in whole or in part by Employees represented by the Union.

D. Update/Amend/Replace the City’s Employer-Employee Relations Resolution; and E. Update/Amend the City’s Administrative Directive AD7 – Personnel Rules & Regulations.

F. Upon completion of an audit of overtime and wages, the parties agree to reopen to discuss any modifications that may be necessary, which may include but is not limited to the means and method for calculating overtime, including the overtime threshold of 212 hours.

F.G. Notwithstanding the provisions of California Government Code section 20516.5, the parties agree that the above-indicated represent the only bases for reopening this MOU during its term.

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24 5. Savings Clause.

In the event that the implementation of any article, section or subsection of this MOU shall be frustrated on account of the operation of law or by any tribunal of competent jurisdiction, or if compliance with any article, section or subsection would be frustrated or restrained by such law or tribunal, representatives of the City and the Union shall, if possible, meet and confer for the purpose of endeavoring to agree on a replacement for such article, section or subsection.

6. No Strike/Lockout.

The Union agrees that there will be no strike, work stoppage, slowdown, "sick in", sit down, refusal to perform work, other interference with City operations, picketing, or refusal to enter upon City premises on any account or in connection with any grievance or dispute. The City agrees that it will not engage in any lockouts during the term of this MOU.

7. Successor MOU.

This MOU shall be in full effect from July 1, 20223, through and including June 30, 20235. Either party may serve upon the other its written request to commence negotiations for a successor MOU, as well as its initial written proposals for such successor MOU, as early as February 1, 20235. Upon receipt of such written notice and proposals, negotiations shall commence no later than thirty (30) days thereafter. The Parties hereby declare that it is their mutual interest to negotiate a multi-year successor MOU consistent with City Council policy direction within the limitations of the City’s ability to pay with the intent to be completed no later than June 30, 20235.

8. Distribution of MOU.

Within 10 days of the adoption of this MOU, all covered Employees shall receive a copy of the MOU.

The “copy” may be provided in electronic format.

9. Effective Date. The effective date of this MOU shall be July 1, 20223.

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25 MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF SUISUN CITY AND
THE SUISUN CITY PROFESSIONAL FIREFIGHTERS’ ASSOCIATION, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), LOCAL 1186 JULY 1, 20223, THROUGH JUNE 30, 20235

CITY OF SUISUN CITY SUISUN CITY PROFESSIONAL FIREFIGHTERS’ ASSOCIATION REPRESENTATIVES: IAFF, LOCAL 1186 REPRESENTATIVES:

Gregory Folsom Ken Martin, Labor Relations Consultant
City Manager IAFF, Local 1186

Christina Penland Aaron Leming, President
Human Resources Administrator PFA IAFF, Local 1186

Kris Lofthus Chris Lujan, Vice President
Deputy City Manager PFA IAFF, Local 1186

Colin Tanner Jason Brassfield, Negotiations Team Member Deputy City Attorney PFA IAFF, Local 1186

Approved as to form
Aleshire & Wynder, LLP

______________________________
Elena G. Gerli, City Attorney

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AGENDA ITEM NO. 12

AGENDA TRANSMITTAL

MEETING DATE:

August
8, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-__: Amending the Citywide Salary Schedule to Implement the Negotiated Wage Adjustments for Employees and Classifications Represented by the Suisun Professional Firefighters’ Association (SCPFA).

FISCAL IMPACT:

There is no additional cost associated with implementing the proposed resolution.

The cost associated with the proposed resolution was authorized with the approved labor agreement and was included in the fiscal year 2023-24 budget.

STRATEGIC PLAN:

Provide Good Governance.

BACKGROUND:

The current Citywide Salary Schedule implementing the negotiated base wage adjustments to employees and classifications represented by the Suisun City Employees’ Association (SCEA), Suisun City Police Officers’ Association (SCPOA), Suisun City Management and Professional Employees’ Association (SCMPEA), Temporary, Part-Time, Unrepresented Employees, and the City Manager was approved by City Council on July 18, 2023, with the adoption of Resolution No. 2023-100.

Under a separate resolution, the City Council has accepted, approved and adopted the successor Memorandum of Understanding (MOU) governing wages, benefits and other terms and conditions of employment for employees and classifications represented by SCPFA for the period of July 1, 2023 through June 30, 2025.

STAFF REPORT:

The Citywide Salary Schedule is now being amended to implement the negotiated base wage adjustments for employees and classifications represented by the SCPFA.

The negotiated wage adjustments for SCPFA are consistent with the labor market survey completed on March 23, 2023 and with the City’s internal alignment criteria that establishes relationships between classifications, which influenced all negotiated wage adjustments Citywide.

The classification of Fire Engineer has been established as the benchmark classification and based its relationship with the classification of Fire Captain, there will be a 10% difference between the average monthly salary of these classes, when taking into account their work schedules consisting of 2912 annual work hours inclusive of scheduled overtime.

Base wage adjustments for employees and classifications represented by SCPFA are effective July 7, 2023.

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STAFF RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2023- ___: Amending the Citywide Salary Schedule to Implement the Negotiated Wage Adjustments for Employees and Classifications Represented by the Suisun City Professional Firefighters’ Association.

DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-___: Amending the Citywide Salary Schedule to Implement the Negotiated Wage Adjustments for Employees and Classifications Represented by the Suisun City Professional Firefighters’ Association.
a
.

Citywide Salary Schedule
b
.

Amended 2023 Internal Alignment Criteria

PREPARED BY:

Christina Penland, Human Resources Administrator
REVIEWED BY:

Greg Folsom, City Manager
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:

1. Resolution Approving Citywide Salary Schedule.pdf
a. Citywide Salary Schedule.pdf
b. Internal Alignment Criteria.pdf
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Resolution No. 2023-__
Adopted August 8, 2023
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RESOLUTION NO. 2023-__

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

AMENDING THE CITYWIDE SALARY SCHEDULE TO IMPLEMENT THE

NEGOTIATED WAGE ADJUSTMENTS FOR EMPLOYEES AND

CLASSIFICATIONS REPRESENTED BY THE SUISUN CITY PROFESSIONAL FIREFIGHTERS’ ASSOCIATION.

WHEREAS, on October 10, 2006, the City Council adopted a goal of achieving 90 percent of the compensation levels of the local labor market benchmark classes that would be pursued within the City’s ability to afford such compensation levels within the Financial Policies contained in the Annual Budget with the adoption of Resolution No. 2006-131; and WHEREAS, Resolution No. 2006-131 adopted the local labor-market cities to be the Cities of American Canyon, Benicia, Davis, Dixon, Fairfield, Hercules, San Pablo, Vacaville, Vallejo, West Sacramento, and Woodland; and
WHEREAS, Resolution No. 2006-131 adopted internal alignment criteria to establish the relationships between all job classes that existed in the City’s Classification and Compensation Plan at that time; and
WHEREAS, updates to the City’s Classification and Compensation Plan is adopted from time to time, as needed, to establish new classes or revise existing classes and compensation; and
WHEREAS, on July 18, 2023, the City Council approved the current Salary Schedule with the adoption of Resolution No. 2023-100 implementing the negotiated wage adjustments for employees and classifications represented by the Suisun City Employees’ Association (SCEA), Suisun City Police Officers’ Association (SCPOA), Suisun City Management and Professional Employees’ Association (SCMPEA), including wage adjustments for Temporary, Part-Time, Unrepresented and Executive Management Employees and the City Manager; and WHEREAS, the City and authorized labor relations representatives for the Suisun City Professional Firefighters’ Association (SCPFA) met and conferred in good faith pursuant to the requirements of the Meyers-Milias-Brown Act (MMBA) (Gov’t Code Sections 3500-3511) for a successor MOU that provides wage adjustments to represented classifications; and WHEREAS, the negotiated wage adjustments was influenced by the salary survey of base wages for benchmark classifications completed on March 23, 2023, and would allow the City to recruit and retain employees consistent with local labor-market conditions, and the City’s ability to pay.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SUISUN CITY:

THAT consistent with Resolution No. 2006-131 and 2023-100, it continues to be the City’s goal to achieve compensation levels for its workforce consistent with 90 percent of the 263

Resolution No. 2023-__
Adopted August 8, 2023

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compensation afforded by its local labor-market survey cities for benchmark job classes, provided that the City has the fiscal wherewithal to do so; and
THAT consistent with Resolution No. 2006-131 and 2023-100, the local labor-market survey cities continue to be the Cities of American Canyon, Benicia, Davis, Dixon, Fairfield, Hercules, San Pablo, Vacaville, Vallejo, West Sacramento, and Woodland; and THAT consistent with Resolution No. 2006-131 and 2023-100, Council adopts the updated internal alignment of job classes that includes updates to the classifications represented by SCPFA, as indicated in Exhibit B; and
THAT base wage adjustments for employees and classifications represented by SCPFA are effective July 7, 2023; and
THAT the City Council of the City of Suisun City hereby adopts Resolution No. 2023- ____: Amending the Citywide Salary Schedule to Implement the Negotiated Wage Adjustments for Employees and Classifications Represented by the Suisun City Professional Firefighters’ Association.

PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 8th day of August 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 8th day of August 2023.

Anita Skinner, CMC
City Clerk
Attachments: A. Citywide Salary Schedule
B. Internal Alignment Criteria
264
Resolution Date:8/8/2023
Job Class Column1 Column2 Range A B C D E Starting Ending Effective DateB.U. FLSA Account Clerk I 268 $23.74 $24.93 $26.18 $27.49 $28.86 $4,116 $5,003 07/07/23 SCEA Account Clerk II 291 $26.12 $27.43 $28.80 $30.24 $31.75 $4,527 $5,503 07/07/23SCEA Account Clerk III 313 $28.73 $30.17 $31.68 $33.26 $34.92 $4,980 $6,053 07/07/23SCEA Accountant 362 $35.68 $37.46 $39.33 $41.30 $43.37 $6,184 $7,517 07/07/23SCMPEA Exempt Accounting Technician 323 $31.34 $32.91 $34.56 $36.28 $38.10 $5,433 $6,604 07/07/23SCEA Administrative Assistant I 285 $25.33 $26.60 $27.93 $29.33 $30.79 $4,391 $5,337 07/07/23SCEA Administrative Assistant II 307 $27.87 $29.26 $30.72 $32.26 $33.87 $4,830 $5,871 07/07/23SCEA Assistant Engineer 389 $40.76 $42.80 $44.94 $47.19 $49.54 $7,065 $8,588 07/07/23SCMPEA Exempt Assistant Planner 361 $35.53 $37.31 $39.18 $41.13 $43.19 $6,159 $7,486 07/07/23SCMPEA Exempt Associate Engineer 409 $44.84 $47.08 $49.43 $51.90 $54.50 $7,772 $9,447 07/07/23SCMPEA Exempt Associate Planner 380 $39.09 $41.04 $43.09 $45.25 $47.51 $6,775 $8,235 07/07/23SCMPEA Exempt Background Investigator 391 - - - - $49.92 - - 12/24/21Temp/PT Battalion Chief (2912 annual hours) 375 $37.97 $39.87 $41.87 $43.96 $46.16 $9,462 $11,501 07/21/23Unrep Exempt Building Inspection Services Manager407 $44.46 $46.68 $49.02 $51.47 $54.04 $7,707 $9,367 07/07/23SCMPEA Exempt Building Inspector I 320 $29.63 $31.11 $32.66 $34.30 $36.01 $5,135 $6,242 07/07/23SCEA Building Inspector II 341 $32.59 $34.22 $35.93 $37.73 $39.61 $5,649 $6,866 07/07/23SCEA Building Maintenance Worker I 272 $24.21 $25.42 $26.69 $28.02 $29.42 $4,196 $5,100 07/07/23SCEA Building Maintenance Worker II 296 $26.63 $27.96 $29.36 $30.83 $32.37 $4,616 $5,610 07/07/23SCEA Chief Building Official 469 $61.33 $64.39 $67.61 $70.99 $74.54 $10,630 $12,921 07/21/23Unrep EMExempt City Engineer 467 $60.67 $63.70 $66.89 $70.23 $73.75 $10,516 $12,783 07/07/23SCMPEA Exempt City Manager 595 - - - - $134.00 - $23,227 07/01/23Unrep EMExempt Code Enforcement Officer I 310 $28.28 $29.69 $31.17 $32.73 $34.37 $4,901 $5,958 07/07/23SCEA Code Enforcement Officer II 330 $31.10 $32.66 $34.29 $36.01 $37.81 $5,391 $6,553 07/07/23SCEA Community Services Officer I 284 $25.21 $26.47 $27.79 $29.18 $30.64 $4,370 $5,311 07/07/23SCEA Community Services Officer II 305 $27.73 $29.12 $30.57 $32.10 $33.71 $4,807 $5,843 07/07/23SCEA Computer Systems Specialist 222 $20.02 $21.02 $22.08 $23.18 $24.34 - - 07/21/23Temp/PT Computer Technician 358 $35.09 $36.84 $38.68 $40.62 $42.65 $6,082 $7,392 07/07/23SCEA Deputy City Clerk (C) 363 $35.89 $37.69 $39.57 $41.55 $43.63 $6,221 $7,562 07/07/23SCMPEA Exempt Deputy Fire Chief 470 $61.67 $64.76 $67.99 $71.39 $74.96 $10,690 $12,994 07/07/23SCMPEA Exempt Development Services Director 498 $70.53 $74.05 $77.76 $81.64 $85.73 $12,225 $14,859 07/21/23Unrep EMExempt Dispatch/Records Supervisor 377 $38.36 $40.27 $42.29 $44.40 $46.62 $6,648 $8,081 07/07/23SCMPEA Exempt Division Fire Chief 445 $54.59 $57.32 $60.18 $63.19 $66.35 $9,462 $11,501 07/07/23SCMPEA Exempt Economic Development Consultant 441 - - - - $65.00 - - 12/24/21Temp/PT Finance Director 498 $70.53 $74.05 $77.76 $81.64 $85.73 $12,225 $14,859 07/21/23Unrep EMExempt Finance Manager 436 $52.26 $54.87 $57.62 $60.50 $63.52 $9,058 $11,011 07/07/23SCMPEA Exempt Financial Services Specialist 222 $20.02 $21.02 $22.08 $23.18 $24.34 - - 07/21/23Temp/PT Fire Captain (2,912 annual hours) 350 $34.52 $36.25 $38.06 $39.96 $41.96 $8,602 $10,455 07/07/23SCPFA Fire Chief 514 $76.03 $79.84 $83.83 $88.02 $92.42 $13,179 $16,019 07/21/23Unrep EMExempt Fire Engineer (2912 annual hours) 333 $31.38 $32.95 $34.60 $36.33 $38.15 $7,820 $9,505 05/12/23SCPFA City of Suisun City
Salary Schedule
Hourly Monthly Average
(C) Denotes Confidential Class
** City Manager's Salary is set by Contract Page 1 of 3265 Job Class Column1 Column2 Range A B C D E Starting Ending Effective DateB.U. FLSA Hourly Monthly Average
Fire Engineer (2912 annual hours) A333 $32.45 $33.77 $35.16 $36.62 $38.15 $8,085 $9,505 05/12/23SCPFA Fire Marshal 445 $54.59 $57.32 $60.18 $63.19 $66.35 $9,462 $11,501 07/07/23SCMPEA Exempt Firefighter 292 $26.15 $27.46 $28.83 $30.27 $31.79 - - 07/21/23Temp/PT Fleet Mechanic 288 $25.76 $27.05 $28.40 $29.82 $31.32 $4,466 $5,428 07/07/23SCEA Housing Programs Manager 412 $46.28 $48.59 $51.02 $53.57 $56.25 $8,021 $9,750 07/07/23SCMPEA Exempt Housing Specialist I 306 $27.78 $29.17 $30.63 $32.16 $33.77 $4,815 $5,853 07/07/23SCEA Housing Specialist II 326 $30.56 $32.08 $33.69 $35.37 $37.14 $5,297 $6,438 07/07/23SCEA Human Resources Administrator 478 $64.11 $67.32 $70.69 $74.22 $77.93 $11,113 $13,508 07/21/23Unrep EMExempt Human Resources Technician (C) 323 $31.34 $32.91 $34.56 $36.28 $38.10 $5,433 $6,604 07/07/23SCEA IT Services Manager 443 $53.99 $56.69 $59.52 $62.50 $65.62 $9,358 $11,374 07/07/23SCMPEA Exempt Maintenance Worker I 300 $27.16 $28.52 $29.95 $31.45 $33.02 $4,708 $5,723 07/07/23SCEA Maintenance Worker II 322 $29.88 $31.37 $32.94 $34.59 $36.32 $5,179 $6,295 07/07/23SCEA Management Analyst I 361 $35.53 $37.31 $39.18 $41.13 $43.19 $6,159 $7,486 07/07/23SCMPEA Exempt Management Analyst II 380 $39.09 $41.04 $43.09 $45.25 $47.51 $6,775 $8,235 07/07/23SCMPEA Exempt Marketing Manager 379 $38.82 $40.76 $42.80 $44.94 $47.18 $6,728 $8,178 07/07/23SCMPEA Exempt Office Assistant 263 $23.22 $24.38 $25.60 $26.88 $28.23 $4,025 $4,892 07/07/23SCEA Permit Technician I 303 $27.48 $28.86 $30.30 $31.82 $33.41 $4,764 $5,791 07/07/23SCEA Permit Technician II 324 $30.23 $31.74 $33.33 $35.00 $36.75 $5,240 $6,370 07/07/23SCEA Planning Specialist 222 $20.02 $21.02 $22.08 $23.18 $24.34 - - 07/21/23Temp/PT Police Chief 547 $88.56 $92.99 $97.64 $102.52 $107.64 $15,350 $18,658 07/21/23Unrep EMExempt Police Commander 498 $70.53 $74.05 $77.76 $81.64 $85.73 $12,225 $14,859 07/07/23SCMPEA Exempt Police Evidence and Property Technician I284 $25.21 $26.47 $27.79 $29.18 $30.64 $4,370 $5,311 07/07/23SCEA Police Evidence and Property Technician II305 $27.73 $29.12 $30.57 $32.10 $33.71 $4,807 $5,843 07/07/23SCEA Police Officer 411 $45.21 $47.47 $49.84 $52.34 $54.95 $7,836 $9,525 07/07/23SCPOA Police Officer Trainee 276 - - - $28.63 $30.06 - - 12/24/21Temp/PT Police Sergeant 444 $54.25 $56.96 $59.81 $62.80 $65.94 $9,404 $11,430 07/07/23SCPOA Police Support Services Manager 413 $46.48 $48.81 $51.25 $53.81 $56.50 $8,057 $9,793 07/07/23SCMPEA Exempt Principal Planner 433 $51.59 $54.17 $56.88 $59.73 $62.71 $8,943 $10,870 07/07/23SCMPEA Exempt Project Manager 408 $44.64 $46.87 $49.22 $51.68 $54.26 $7,738 $9,405 07/07/23SCMPEA Exempt Public Safety Dispatcher I 314 $28.82 $30.26 $31.77 $33.36 $35.03 $4,995 $6,071 07/07/23SCPOA Public Safety Dispatcher II 335 $31.70 $33.28 $34.95 $36.70 $38.53 $5,494 $6,679 07/07/23SCPOA Public Works Director/City Engineer514 $76.03 $79.84 $83.83 $88.02 $92.42 $13,179 $16,019 07/21/23Unrep EMExempt Public Works Inspector 351 $33.89 $35.59 $37.37 $39.24 $41.20 $5,875 $7,141 07/07/23SCEA Public Works Specialist 222 $20.02 $21.02 $22.08 $23.18 $24.34 - - 07/21/23Temp/PT Public Works Superintendent 432 $51.08 $53.63 $56.31 $59.13 $62.08 $8,853 $10,761 07/07/23SCMPEA Exempt Public Works Supervisor 370 $37.07 $38.93 $40.87 $42.92 $45.06 $6,426 $7,811 07/07/23SCMPEA Exempt Recreation Coordinator 302 $27.38 $28.75 $30.19 $31.70 $33.28 $4,746 $5,769 07/07/23SCEA Recreation Manager 399 $42.69 $44.83 $47.07 $49.42 $51.89 $7,400 $8,995 07/07/23SCMPEA Exempt Recreation Specialist I 200 $18.00 $18.54 $19.10 $19.67 $20.26 - - 07/21/23Temp/PT Recreation Specialist II 220 $19.80 $20.39 $21.01 $21.64 $22.29 - - 07/21/23Temp/PT Recreation Specialist III 250 $21.78 $22.43 $23.11 $23.80 $24.51 - - 07/21/23Temp/PT Recreation Supervisor 343 $32.86 $34.50 $36.23 $38.04 $39.94 $5,696 $6,923 07/07/23SCMPEA Exempt Recreation, Parks & Marina Director498 $70.53 $74.05 $77.76 $81.64 $85.73 $12,225 $14,859 07/21/23Unrep EMExempt (C) Denotes Confidential Class
** City Manager's Salary is set by Contract Page 2 of 3266 Job Class Column1 Column2 Range A B C D E Starting Ending Effective DateB.U. FLSA Hourly Monthly Average
Senior Accountant 390 $41.03 $43.08 $45.24 $47.50 $49.87 $7,112 $8,644 07/07/23SCMPEA Exempt Senior Associate Engineer 425 $49.32 $51.79 $54.38 $57.09 $59.95 $8,549 $10,391 07/07/23SCMPEA Exempt Senior Building Inspector 381 $39.11 $41.07 $43.12 $45.27 $47.54 $6,779 $8,240 07/07/23SCMPEA Exempt Senior Maintenance Worker 344 $32.87 $34.51 $36.24 $38.05 $39.95 $5,697 $6,925 07/07/23SCEA Senior Management Analyst 400 $42.99 $45.14 $47.40 $49.77 $52.26 $7,452 $9,059 07/07/23SCMPEA Exempt Senior Planner 400 $42.99 $45.14 $47.40 $49.77 $52.26 $7,452 $9,059 07/07/23SCMPEA Exempt Senior Public Safety Dispatcher 357 $34.87 $36.61 $38.44 $40.37 $42.38 $6,044 $7,346 07/07/23SCPOA Youth Services Specialist 356 $34.66 $36.40 $38.22 $40.13 $42.13 $6,008 $7,303 07/07/23SCEA (C) Denotes Confidential Class
** City Manager's Salary is set by Contract Page 3 of 3267 Internal Alighment Criteria
Resolution Date: August 8, 2023
Job Class Group Internal Alignment Criteria
Account Clerk I SCEA 10% below Account Clerk II
Account Clerk II SCEA Benchmark
Account Clerk III SCEA 10% above Account Clerk II
Accountant SCMPEABenchmark
Accounting Technician SCEA 20% above Account Clerk II
Administrative Assistant I SCEA 10% Below Admin Assistant II Administrative Assistant II SCEA Benchmark
Assistant Engineer SCMPEA10% below Assoc Engineer
Assistant Planner SCMPEA10% below Assoc Planner
Associate Engineer SCMPEABenchmark
Associate Planner SCMPEABenchmark
Battalion Chief (2912 annual hours) Unrep 10% Above Monthly Average of Fire Captain Building Inspection Services ManagerSCMPEABenchmark
Building Inspector I SCEA 10% below Bldg Insp II
Building Inspector II SCEA Benchmark
Building Maintenance Worker I SCEA 10% below Building Maintenance Worker II Building Maintenance Worker II SCEA Benchmark
Chief Building Official Unrep Benchmark
City Engineer SCMPEABenchmark
City Manager Unrep Benchmark
Code Enforcement Officer I SCEA 10% below Code Enforcement Officer II Code Enforcement Officer II SCEA Benchmark
Community Services Officer I SCEA 10% below Community Services Officer II Community Services Officer II SCEA Benchmark
Computer Technician SCEA Benchmark
Deputy City Clerk (C) SCMPEABenchmark
Deputy Fire Chief SCMPEA10% Above Division Fire Chief
Development Services Director Unrep Tier 1 Executive
Dispatch/Records Supervisor SCMPEABenchmark
Division Fire Chief SCMPEA10% Above Monthly Average of Fire Captain Finance Director Unrep Tier 1 Executive
Finance Manager SCMPEABenchmark
Fire Captain SCPFA 10% Above Fire Engineer
Fire Chief Unrep Tier 2 Executive
Fire Engineer SCPFA Benchmark
Fire Marshal SCMPEA10% Above Monthly Average of Fire Captain Fleet Mechanic SCEA Benchmark
Housing Programs Manager SCMPEABenchmark
Housing Specialist I SCEA 10% below Housing Specialist II Housing Specialist II SCEA Benchmark
Human Resources Administrator Unrep 10% below Tier 1 Executive Human Resources Technician (C) SCEA Match Acct Tech
IT Services Manager SCMPEABenchmark
Maintenance Worker I SCEA 10% below Maintenance Worker II Maintenance Worker II SCEA Benchmark
Management Analyst I SCMPEA10% below Management Analyst II Management Analyst II SCMPEABenchmark
Marketing Manager SCMPEA15% below Project Manager
Office Assistant SCEA 20% below Admin Asst II
Permit Technician I SCEA 10% below Permit Technician II Permit Technician II SCEA Benchmark
Police Chief Unrep Tier 3 Executive
Police Commander SCMPEA30% above Sergeants
Police Evidence and Property Technician ISCEA 10% below Evidence Prop Tech II

Internal Alighment Criteria
Resolution Date: August 8, 2023
Job Class Group Internal Alignment Criteria
Police Evidence and Property Technician IISCEA Match Community Services Officer II Police Officer POA Benchmark
Police Sergeant POA Benchmark
Police Support Services Manager SCMPEABenchmark
Principal Planner SCMPEA20% above Sr. Planner
Project Manager SCMPEABenchmark
Public Safety Dispatcher I POA 10% below Public Safety Dispatcher II Public Safety Dispatcher II POA Benchmark
Public Works Director/City Engineer Unrep Tier 2 Executive Public Works Inspector SCEA Benchmark
Public Works Superintendent SCMPEABenchmark
Public Works Supervisor SCMPEABenchmark
Recreation Coordinator SCEA 20% below Recreation Supervisor Recreation Manager SCMPEABenchmark
Recreation Supervisor SCMPEABenchmark
Recreation, Parks & Marina DirectorUnrep Tier 1 Executive Senior Accountant SCMPEA15% above Accountant
Senior Associate Engineer SCMPEA10% above Assoc Engineer Senior Building Inspector SCEA 20% above Bldg Insp II
Senior Maintenance Worker SCEA 10% above Maintenance Worker II Senior Management Analyst SCMPEA10% above Management Analyst II Senior Planner SCMPEA10% above Assoc Planner
Senior Public Safety Dispatcher POA 10% above Public Safety Dispatcher II Youth Services Specialist SCEA 25% above Community Services Officer II

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270
AGENDA ITEM NO. 13

AGENDA TRANSMITTAL

MEETING DATE:

August
8, 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 July 25, 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 July 25, 2023, are submitted for review and approval.

STAFF RECOMMENDATION:

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 July 25, 2023.

DOCUMENTS ATTACHED:
1 .

Minutes - July 25, 2023 Special Closed Session Meeting
2 .

Minutes - July 25, 2023 Regular Council-Successor Agency-Housing Authority Meeting

PREPARED BY:

Anita Skinner, City Clerk
REVIEWED BY:

Anita Skinner, City Clerk
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:

1. Minutes - July 25, 2023 Special Closed Session Meeting 5 pm .pdf

2. Minutes - July 25, 2023 Regular Council-Successor Agency-Housing Authority Meeting.pdf 271

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
AND

SUISUN CITY COUNCIL ACTING AS SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY OF THE CITY OF SUISUN CITY
TUESDAY, JULY 25, 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: 859 6516 1948
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 5:01 pm with the following Council Members present:

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

CONFLICT OF INTEREST NOTIFICATION
(Any items on this agenda that might be a conflict of interest to any Councilmembers/Boardmembers should be identified at this time.)
Council Member Pal has a conflict with Item #1.

PUBLIC COMMENT
(Request by citizens to discuss any matter under our jurisdiction other than an item posted on this agenda per California Government Code §54954.3. Comments are limited to no more than 3 minutes unless allowable by the Mayor/Chair. Speaker cards are available on the table near the entry of the meeting room and should be given to the City Clerk. By law, no prolonged discussion or action may be taken on any item raised during the public comment period, although informational answers to questions may be given and matters may be referred for placement on a future agenda.)

272
Steve Olry commented he has driven around the city and there is a lack of enforcement which reflects back on administration; council needs to get involved, start looking for budget cuts, city is being sued to many times, legal fees keep going up, weeds.

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

Suisun City Council Acting as Successor Agency

1 CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Pursuant to California Government Code Section 54956.8., the Suisun City Council Acting as Successor Agency to the Redevelopment Agency of Suisun City will hold a Closed Session for the purpose of Conference with Real Property Negotiator.

Property Under Negotiation: Assessor’s Parcel Numbers: APN: 0032-141-130, located at 718 Main Street.

Negotiating Party: City Manager
Parties Negotiating: To Be Determined
Under Negotiations: Terms and payment

City Council

2 PERSONNEL MATTERS

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

Council entered into closed session at 5:04 pm.

Council Member Pal left the meeting at 5:04 pm and returned at 5:31 pm.

CONVENE OPEN SESSION

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

ADJOURNMENT
There being no further business the meeting was adjourned at 6:34 pm.

________________________
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

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, JULY 25, 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: 859 7413 6550
CALL IN PHONE NUMBER: (707) 438-1720

REMOTE PUBLIC COMMENT IS AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING [email protected] (PRIOR TO 5 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. – 803)
(Next City Council Res. No. 2023 – 108)
Next Suisun City Council Acting as Successor Agency Res. No. SA2023 - 06) (Next Housing Authority Res. No. HA2023 – 02)

ROLL CALL
Mayor Hernandez called the meeting to order at 6:45pm with the following Council Members present:

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

Pledge of Allegiance was led by Vice Mayor Washington.

Invocation was given by City Manager Greg Folsom.

274

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

REPORTS (Informational items only.)

1 City Manager Update - (Folsom: [email protected]). NONE

PRESENTATION/APPOINTMENTS - NONE
(Presentations, Awards, Proclamations, Appointments).

PUBLIC COMMENT
(Request by citizens to discuss any matter under our jurisdiction other than an item posted on this agenda per California Government Code §54954.3. Comments are limited to no more than 3 minutes unless allowable by the Mayor/Chair.

Speaker cards are available on the table near the entry of the meeting room and should be given to the City Clerk. By law, no prolonged discussion or action may be taken on any item raised during the public comment period, although informational answers to questions may be given and matters may be referred for placement on a future agenda.)

Steve Olry asked why are the complaints never resolved or answered at the meetings; trash in McCoy Creek; rebuttal from council on the homeless that the city is small was ridiculous; why didn’t we intervene last year on the Pickering property; spoke at the closed session and encouraged the council to get involved now.

Donna LeBlanc commented there would be a Neighborhood Watch meeting at the library on Thursday at 6pm; issues on the city app that comments/complaints still being marked as new even after forwarded to proper department; Pickering property, nothing has been done and her time is up so what happens now.

George Guynn commented the homeless are back at the water tower area; Pickering property has not been cleaned up; items 7 & 8 cannot be discussed or commented on by the public; major changes happening and should be allowed to be discussed; concerned about the amount be ing spent on city attorney.

Scott Griffin, resident of the Estates commented on the homeless group on the southwest side of Sunset; how closely can these encampments butt up against back yard fences?

Michelle Chavez commented on the P ickering property still full of people, vote of confidence is shaken, what is going to be the cost of the abatement warrant that will have to be issued now; city is down 8 officers.

James Berg urged residents to get out and meet your neighbors at National Night out next month ; homeless by water tower, Pickering property still not cleaned up; fence that was placed last week is doing nothing; how do we change enforcement; need to put pressure on Sacramento; no details were given on the whistle blower letter; city manager evaluation is way behind schedule and we need to be updated on that.

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Leila Dardon commented that items being reported on the app are ridiculous, residents need to clean their own gutters; homeless is Newsom’s problem, have to offer solutions instead of just complaints; need to have agencies available to help get the homeless on their feet.

Mayor Hernandez explained the P ickering owners are working with city staff, formal abatement process must be issued by a judge; 72 hr. notice to the homeless to leave or they will be removed; any expenses owners will be responsible for and if not paid a lien will be placed on the property.

COUNCIL COMMENTS

2 Council/Board Member Updates.

Council Member Dawson asked when do we foresee the abatement on the city side; would like a scope of properties by Public Works and city attorney, process and timeline; what is within our jurisdiction, legislation that might be coming down, amendments, ordinances that might need to be updated.

Council Member Pal reached out to Public Works and the city manager regarding Caltrans closure of entrances to Lawler Ranch; Caltrans needs to notify residents; PGE will be reaching out to residents for work to be done on Main Street; SID shut off water apparently with no notification; council made you whole, comment to city staff that you got the raises you wanted now it is time to get the work done and hold everyone accountable.

Council Member Pal asked to have an RFP for our law firm on the next agenda.

Attorney Gerli explained the process to have items on the agenda.

Motion by Council Member Pal to place law firm RFP on the next agenda for discussion and seconded by Council Member Dawson. Motion passed by the following vote:

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

Council Member Osum did not have any updates but commented good things are coming soon.

Vice Mayor Washington commented that her dog got out this afternoon and was found by residents and thanked them for their help; Ms. LeBlanc also helped in the search; ribbon cutting for this Saturday for the Farmers Market at 10am on the Sheldon Plaza; formal requested that we do agendize a workshop on homelessness, believes there are things that can be done by local ordinances to solve issues but would like it separate from the August 17 Homeless Forum.

Mayor Hernandez commented she met that morning with residents at Starbucks and the Police officer who attended had been to the illegal encampments on new Railroad Avenue; received an article from the city attorney regarding information from the 9th Circuit Court of Appeals and it did not necessarily benefit cities but expanded the rights of the unhoused and is currently being appealed ; departments do a rotating clean up throughout the city; Solano County did not pursue the recent grant available for homeless cleanup;

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Attorney Gerli explained that no council member can comment on another council members media post; ribbon cutting for the CCLAIM Academy this past Saturday; Rotary hosted a back pack stuffing today for students.

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

City Council

3 Council Adoption of Resolution No. 2023-108: Authorizing the City Manager to Execute a Memorandum of Understanding Between the City of Fairfield and Cities of Vallejo, Benicia, Dixon, Rio Vista, and Suisun City for the Shared Provision of Consulting Services Regarding Ambulance Subcontracting - (Lopez: [email protected]).

4 Council Adoption of Resolution No. 2023-109: Approving the Debt Service Rate for the North Bay Aqueduct Bond Issue for Fiscal Year 2023-24 - (Deol: [email protected]).

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

5 Council/Agency/Authority Approval of the Minutes of the Regular and/or Special Meetings of the Suisun City Council, Suisun City Council Acting as Successor Agency, and Housing Authority held on June 20, 2023, June 21, 2023, and July 18, 2023 – (Skinner:
[email protected]).

Council Member Pal pulled Item #3 for clarification.

Motion by Council Member Dawson to approve Consent Calendar Items 4 & 5 and seconded by Vice Mayor Washington. Motion passed by the following vote:

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

Item #3

Council Member Pal asked Fire Chief Lopez to explain contract. Chief Lopez explained.

PUBLIC COMMENT
George Guynn commented he was not clear on how this contract works. Hoped the Fire Department would be out of the medical business; maintenance costs and wear and tear on the fire equipment will be extremely high.

Chief explained Medic Ambulance partnership agreement.

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Motion by Council Member Pal to approve Consent Calendar Item #3 and seconded by Vice Mayor Washington. Motion passed by the following vote:

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

PUBLIC HEARING - NONE

GENERAL BUSINESS

City Council

6 Discussion and Direction to Staff Regarding Revisions and Updates to the City Council Norms & Procedures, and Relevant Policies and Municipal Code Sections - (City Attorney).

Discussion by council whether to proceed with this item tonight or wait until after the city manager’s evaluation and the RFP that was just requested for the city attorney.

Motion by Vice Mayor Washington to mov e the item to after the RFP process and the city manager evaluation and seconded by Council Member Dawson. Motion passed by the following vote:

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

REPORTS: (Informational items only)

7 Mayoral Update.

8 Non-Discussion Items.

ADJOURNMENT
There being no further business the meeting was adjourned at 7:51pm.

______________________________
Anita Skinner, City Clerk

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AGENDA ITEM NO. 15

AGENDA TRANSMITTAL

MEETING DATE:

August
8, 2023

CITY AGENDA ITEM:

Public Hearing and Other Proceedings Related to the Formation of Community Facilities District No. 5 (Public Safety, Maintenance & Dredging Services) for the Meridian West residential development:

a
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Council Adoption of Resolution No. 2023-___: Establishing the Formation of a Community Facilities District; and
b
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Council Adoption of Resolution No. 2023-___: Calling a Special Election for a Community Facilities District; and
c
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Council Adoption of Resolution No. 2023-___: Declaring Results of a Special Landowner Election and Directing the Recording of a Special Tax Lien; and d
.

Council Introduction and Waive Reading of Ordinance No. ___: Authorizing the Levy of Special Taxes in a Community Facilities District.

FISCAL IMPACT:

There would be positive impact to the General Fund from this item. Once the Community Facilities District (CFD) is formed, the Meridian West project will begin to contribute funds towards Safety Services such as police and fire, as well as towards dredging and storm drain maintenance. The formation of CFD No. 5 meets the fiscal criteria as established by Resolution No. 2005-69 Cost Recovery Policy for New Development, dated October 4, 2005. Community Facilities District No. 5 is intended to offset Municipal Service costs, including administrative costs, thereby reducing the negative fiscal impact of new development on the City’s General Fund.

STRATEGIC PLAN:

Ensure Good Governance and Ensure Public Safety.

BACKGROUND:

New developments within the City are generally annexed into Community Facilities District No. 2 (CFD No. 2); however, this project requires additional maintenance and services that are not authorized under CFD No. 2. As such, the City has received a petition from the property owner of the Meridian project to form a new CFD to pay for the services authorized in CFD 2 (police services; fire protection services; paramedical services; services for the maintenance of parks, parkways and open space [landscaping]; and services for the maintenance of storm drains), plus two maintenance items that were not authorized under CFD No. 2 (dredging maintenance and streetlight maintenance).

STAFF REPORT:

The process to form the new CFD No. 5 includes the following:

Accept the petition by property owner requesting that the City form the district. (6/20/2023).

Adopt a Resolution of Intention to Establish CFD No. 3. (6/20/2023) Record the CFD boundary map with the County Recorder. (by 7/5/2023) Publish a hearing notice. (by 8/1/2023)
File a CFD Report with the City Council. (8/8/2023)
Conduct a Public Hearing. (8/8/2023)
Adopt a resolution forming CFD No. 5. (8/8/2023)
Adopt a resolution calling for a special election. (8/8/2023) 279
Conduct the special election. (8/8/2023)
Adopt a resolution certifying the election results. (8/8/2023) Introduce an Ordinance ordering the tax levy. (8/8/2023) Adopt the Ordinance ordering the tax levy. (8/22/2023)
Record the Notice of Special Tax Lien with the County Recorder. (by 8/23/2023) Publish the Ordinance. (by 9/6/2023)

STAFF RECOMMENDATION:

It is recommended that the City Council:
a
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Adopt Resolution No. 2023-___: Establishing the Formation of a Community Facilities District; and
b
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Adopt Resolution No. 2023-___: Calling a Special Election for a Community Facilities District; and
c
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Adopt Resolution No. 2023-___: Declaring Results of a Special Landowner Election and Directing the Recording of a Special Tax Lien; and
d
.

Council Introduction and Waive Reading of Ordinance No. ___: Authorizing the Levy of Special Taxes in a Community Facilities District.

DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-___: Establishing the Formation of a Community Facilities District. 2 .

Resolution No. 2023-___: Calling a Special Election for a Community Facilities District. 3 .

Resolution No. 2023-___: Declaring Results of a Special Landowner Election and Directing the Recording of a Special Tax Lien.
4 .

Council Introduction and Waive Reading of Ordinance No. ___:

Authorizing the Levy of Special
Taxes in a Community Facilities District.
5 .

CFD Report.
6 .

PowerPoint for Meridian.

PREPARED BY:

Amanda Dum, Management Analyst II
REVIEWED BY:

Nouae Vue, Public Works Director
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:

1. Resolution Establishing the Formation of a CFD.pdf

2. Resolution Calling a Special Election for a Community Facilities District.pdf

3. Resolution Declaring Results of a Special Landowner Election and Recording of a Special Tax Lien.pdf

4. Ordinance Authorizing the Levy of Special Taxes in a CFD.pdf

5. CFD Report.pdf

6. PowerPoint Presentation.pdf
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Resolution No. 2023-
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RESOLUTION NO. 2023-

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

ESTABLISHING THE FORMATION OF A COMMUNITY FACILITIES

DISTRICT

CITY OF SUISUN CITY
COMMUNITY FACILITIES DISTRICT NO. 5
(PUBLIC SAFETY, MAINTENANCE & DREDGING SERVICES)

WHEREAS, on June 20, 2023, this City Council of the City of Suisun City (the “City Council”) adopted Resolution No. 2023-77 entitled “A Resolution of the City Council of City of Suisun City, Declaring its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes” (the “Resolution of Intention”), stating its intention to form the City of Suisun City Community Facilities District No. 5 (Public Safety, Maintenance & Dredging Services) (the “District”), pursuant to the Mello- Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”); and
WHEREAS, the Resolution of Intention, incorporating a map of the proposed boundaries of the District and stating the services to be provided, the estimated cost of providing such services, and the rate and method of apportionment of the special tax to be levied within the District to pay for the services, is on file with the City Clerk (the “Clerk”) and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and WHEREAS, under the Resolution of Intention, the Director of Finance was directed to make, or cause to be made, and file with the Clerk a report (the “Report”) in writing, presenting the services to be provided and an estimate of the reasonable cost of providing the services. The Report was prepared and submitted to the Clerk prior to the public hearing described below; and
WHEREAS, the Resolution of Inte ntion called for a public hearing pertaining to the formation of the District and the levy of said special tax to be held on Tuesday, August 8, 2023, at 6:30 p.m. or as soon thereafter as the matter may be heard, at the meeting place of the City Council; and
WHEREAS, under the Resolution of Intention, the Clerk was directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District, and the Clerk caused the publication of such notice at least seven (7) days before the date set for said public hearing; and
WHEREAS, on this date, this City Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the District; and
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WHEREAS, at the public hearing all interested persons desiring to be heard on all matters pertaining to the formation of the District, the services to be provided therein and the levy of such special tax were heard and a full and fair public hearing was held; and WHEREAS, written protests with respect to the formation of the District, the furnishing of specified types of services and the rate and method of apportionment of the special taxes have not been filed with the Clerk by fifty percent (50%) or more of the registere d voters residing within the territory of the District or property owners of one -half (1/2) or more of the area of land within the District and not exempt from the proposed special taxes; and WHEREAS, the special tax proposed to be levied in the District to pay for the proposed services has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the District or the owners of one-half (1/2) or more of the area of land within the District and not exempt from the special taxes.

NOW, THEREFORE, IT IS HEREBY RESOLVED, as follows:

1. The foregoing recitals are true and correct.

2. The proposed special tax to be levied within the District has not been precluded by majority protest pursuant to Section 53324 of the Act.

3. All prior proceedings taken by the City Council in connection with the establishment of the District and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the requirements of the Act.

The City Council has heretofore adopted Local Goals and Policies for Community Facilities Districts, and the City Council hereby finds and determines that the District is in conformity with said goals and policies.

4. The community facilities district designated as the “City of Suisun City, Community Facilities District No. 5 (Public Safety, Maintenance & Dredging Services)” is hereby established pursuant to the Act.

5. The District Report is hereby approved.

6. The boundaries of the District, as set forth in the map entitled "Map of Proposed Boundaries City of Suisun City, Community Facilities District No. 5 (Public Safety, Maintenance & Dredging Services), County of Solano, State of California" heretofore recorded in the Solano County Recorder’s Office on June 29, 2023, as Document Number 202300027716, are hereby approved, are incorporated herein by reference and shall be the boundaries of the District.

7. The type of public services proposed to be financed by the District and pursuant to the Act shall consist of those items shown in Exhibit A hereto and by this reference incorporated herein (the “Services”). It is hereby found and determined that the Services are necessary to meet the increased demands as the result of development occurring in the District.

8. Except to the extent that funds are otherwise available to the District to pay for the Services, a special tax sufficient to pay the costs thereof, secured by the r ecordation of a continuing lien against all non- exempt real property in the District, will be levied annually within the District pursuant to the Rate and Method of Apportionment, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as the City Council or its designee shall determine, including direct billing of the affected landowners. 282

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9. The Rate and Method of Apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the District to estimate the maximum amount such owner will have to pay, is shown in Exhibit B attached hereto and hereby incorporated herein.

10. The Director of Finance of the City of Suisun City, 701 Civic Center Boulevard, Suisun City, California, telephone number (707) 421- 7347, is the officer of the District who will be responsible for preparing annually a current roll of the levy of the special tax obligations by assessor’s parcel number and who will be responsible for estimating future levies of the Special Tax.

11. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the District and this lien shall continue in force and effect until the collection of the special tax by the District ceases.

12. In accordance with the Act, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the District is hereby preliminarily established at an amount equal to $230,000 annually and such appropriations limit shall be submitted to the voters of the District as hereafter provided. The proposition establishing such annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of the Act and the California Constitution.

13. Pursuant to the provisions of the Act, the proposition of the levy of the special tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the District at an election, the time, place and co nditions of which election shall be as specified by a separate resolution of this City Council.

14. This Resolution shall take effect upon its adoption. * * * * * *
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 8
th day of August 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 8th day of August 2023.

Anita Skinner
City Clerk
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EXHIBIT A

CITY OF SUISUN CITY
COMMUNITY FACILITIES DISTRICT NO. 5
(PUBLIC SAFETY, MAINTENANCE & DREDGING SERVICES)

DESCRIPTION OF SERVICES TO BE FINANCED BY THE DISTRICT
It is intended that the District will be eligible to fund all or a portion of the direct and incidental costs of police services; fire protection services; paramedical services; services for the maintenance of parks, parkways and open space (landscaping); services for the maintenance of storm drains; dredging maintenance; and streetlight maintenance; and related appurtenances, within or adjacent to the District.

The District may fund any of the following related to the maintenance of the services described in the preceding paragraph: obtaining, constructing, reconstructing, furnishing, and operating and maintaining equipment, apparatuses or facilities related to providing the services; equipment, apparatuses, facilities, or fixtures in areas to be maintained; paying the salaries and benefits of personnel necessary or convenient to provide the services; payment of insurance costs and other related expenses; and the provision of reserves for repairs, replac ements, and for the future provision of services. It is expected that the services will be provided by the City, either with its own employees or by contract with third parties, or any combination thereof. The District may also fund administrative fees of the City related to the District.

The services to be financed by the District are in addition to those provided in the territory of the District before the date of creation of the District and will not supplant services already available within that territory when the District is created.

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EXHIBIT B

CITY OF SUISUN CITY
COMMUNITY FACILITIES DISTRICT NO. 5
(PUBLIC SAFETY, MAINTENANCE & DREDGING SERVICES)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

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RESOLUTION NO. 2023-

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

CALLING A SPECIAL ELECTION FOR A COMMUNITY FACILITIES

DISTRICT

CITY OF SUISUN CITY
COMMUNITY FACILITIES DISTRICT NO. 5
(PUBLIC SAFETY, MAINTENANCE & DREDGING SERVICES)

WHEREAS, on June 20, 2023, this City Council of the City of Suisun City (the “City Council”) adopted Resolution No. 2023-77 entitled “A Resolution of the City Council of City of Suisun City, Establishing the Formation of a Community Facilities District” (the “Resolution of Formation”), ordering the formation of the City of Suisun City Community Facilities District No. 5 (Public Safety, Maintenance & Dredging Services) (the “District”), defining the public services (the “Services”) to be provided by the District, authorizing the levy of a special tax on property within the District and preliminarily establishing an appropriations limit for the District, all pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”); and WHEREAS, pursuant to the provisions of the Resolution of Formation, the propositions of the levy of the special tax and the establishment of the appropriations limit shall be submitted to the qualified electors of the District as required by the provisions of the Act; and
NOW, THEREFORE, IT IS HEREBY RESOLVED, as follows:

1. The foregoing recitals are true and correct.

2. Pursuant to the Act, the issues of the levy of the special tax and the establishment of the appropriations limit shall be submitted to the qualified electors (as defined below) of the District at an election called therefor as provided below.

3. Pursuant to Section 53326(c) of the Act, this City Council finds that, for these proceedings, the qualified electors are the landowners within the District and that the vote shall be by such landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns in the District as of the close of the public hearing.

4. This City Council hereby calls an election to consider the issues described in Section 2, above, which election shall be held on August 8, 2023, and the results thereof canvassed at the meeting of this City Council on August 8, 2023. The City Clerk (the “Clerk”) is hereby designated as the official to conduct the election and to receive all ballots until the close of business on the election date. It is hereby acknowledged that the Clerk has on file the Resolution of Formation, a map of the boundaries of the District, and a sufficient description to allow the Clerk to determine the electors of the District. The election shall be conducted by messenger or mail-delivered ballot in accordance with the Act. 292

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5. As authorized by Section 53353.5 of the Act, the issues described in Section 2 above shall be combined into a single ballot measure, the form of which as attached hereto as Exhibit A is hereby approved. The Clerk is hereby authorized and directed to cause a ballot, in substantially the form of Exhibit A, to be delivered to each of the qualified electors of the District. Each ballot shall indicate the number of votes to be voted by the respective landowner to whic h the ballot pertains. Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot shall be enclosed with the ballot, have the return postage prepaid, and contain the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot.

6. This City Council hereby further finds that the provisions of Section 53326 of the Act requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse before the special election are for the protection of the qualified electors of the District.

There is on file with the Clerk a written waiver executed by all of the qualified electors of the District allowing for a shortening of the time for the special election to expedite the process of formation of the District and waiving any requirement for notice, analysis and arguments in connection with the election. Accordingly, this City Council finds and determines that the qualified electors have been fully apprised of and have agreed to the shortened time for the election and waiver of analysis and arguments, and have thereby been fully protected in these proceedings. This City Council also finds and determines that the Clerk has concurred in the shortened time for the election. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act.

7. If two-thirds (2/3) of the votes cast upon the question of levying such special tax and establishing the appropriations limit are cast in favor of the proposition after the canvass of the returns of such election, the City Council may levy such special tax within the District under the Act in accordance with the approved rate and method of apportionment of special tax. Such special tax may be levied only at the rate and may be apportioned only in the manner specified in the Resolution of Formation, subject to the Act, except that the special tax may be levied at a rate lower than that specified herein and the maximum annual tax rate may be lowered.

8. Under Section 50075.1 of the Government Code, the following a ccountability provisions shall apply to the special taxes: (a) the provision of the Services and the incidental costs thereof, all as defined in the Resolution of Formation, shall constitute the specific single purpose; (b) the proceeds shall be applied only to the specific purposes identified in (a) above; (c) there shall be created special account(s) or funds(s) into which the proceeds shall be deposited; and (d) there shall be caused to be prepared an annual report as required by Section 50075.3 of the Government Code.

9. This Resolution shall take effect upon its adoption. * * * * * *

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PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 8th day of August 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 8th day of August 2023.

Anita Skinner
City Clerk
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EXHIBIT A

CITY OF SUISUN CITY
COMMUNITY FACILITIES DISTRICT NO. 5
(PUBLIC SAFETY, MAINTENANCE & DREDGING SERVICES)

OFFICIAL BALLOT

SPECIAL TAX ELECTION
This ballot is for a special landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Suisun City no later than 6:30 p.m. on Tuesday, August 8, 2023, either by mail or in person. The City Clerk’s office is located at 701 Civic Center Boulevard, Suisun City, California 94585.

To vote, mark a cross (X) on the voting line after the word “YES” or after the word “NO”. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Suisun City and obtain another.

The estimated maximum amount of money raised annually by this measure is expected to be $113,327, in 2022/23 special tax rates, upon full build out of the CFD, based on the rate and duration of the special tax and subject to the tax esca lation factor, as set forth in the rate and method of apportionment of special taxes for the CFD.

BALLOT MEASURE: Shall the City of Suisun City be authorized to annually levy a special tax solely on lands within the Community Facilities District No. 5 (Pu blic Safety, Maintenance & Dredging Services) (the “CFD”) in accordance with the rate and method contained in the Resolution of Formation of the CFD adopted by the City Council on August 8, 2023, commencing in the City’s fiscal year 2023/24, to pay for the direct and incidental costs of police services; fire protection services; paramedical services; services for the maintenance of parks, parkways and open space (landscaping); services for the maintenance of storm drains; dredging maintenance; and streetlight maintenance; and related appurtenances,, the costs of the City in administering the CFD and County charges, and shall the annual appropriations limit of the CFD be established in the amount of $230,000?
YES: __________
NO: __________
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Resolution No. 2023-
Adopted August 8, 2023

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By execution in the space provided below, you also confirm your written waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure.

Assessor Parcel No(s).: 0032-152-180
Acres: 7.44
Number of Votes: 8

CENTURY COMMUNITIES OF CA
LLC
By:

Name:

Its:____________________________
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Resolution No. 2023-
Adopted August 8, 2023

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RESOLUTION NO. 2023-

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

DECLARING RESULTS OF A SPECIAL LANDOWNER ELECTION

AND DIRECTING THE RECORDING OF A SPECIAL TAX LIEN

CITY OF SUISUN CITY
COMMUNITY FACILITIES DISTRICT NO. 5
(PUBLIC SAFETY, MAINTENANCE & DREDGING SERVICES)

WHEREAS, on June 20, 2023, this City Council of the City of Suisun City (the “City Council”) adopted Resolution No. 2023-77 entitled “A Resolution of the City Council of City of Suisun City, Establishing the Formation of a Community Facilities District” (the “Resolution of Formation”), ordering the formation of the City of Suisun City, Community Facilities District No. 5 (Public Safety, Maintenance & Dredging Services), (the “District”), defining the public services (the “Services”) to be provided by the District, authorizing the levy of a special tax on property within the District and preliminarily establishing an appropriations limit for the District, all pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”); and WHEREAS, under the provisions of the Resolution of Formation, and pursuant to the resolution entitled “A Resolution of the City Council of the City of Suisun City Calling a Special Election for a Community Facilities District” (the “Resolution Calling the Election”) heretofore adopted by this City Council, the propositions of the levy of the special tax and the establishment of the appropriations limit were submitted to the qualified electors of the District as required by the provisions of the Act; and
WHEREAS, pursuant to the terms of the Resolution Calling the Election, which are by this reference incorporated herein, the special election has been held and the City Clerk has on file a Canvass and Statement of Results of Election, (the “Canvass”) a copy of which is attached hereto as Exhibit A; and
WHEREAS, this City Council has been informed of the Canvass, finds it appropriate and wishes to complete its proceedings for the District.

NOW, THEREFORE, IT IS HEREBY RESOLVED, as follows:

1. The foregoing recitals are true and correct.

2. The issues presented at the special election were the levy of a special tax within the District and the approval of an annual appropriations limit of $230,000 all pursuant to the Resolution of Formation.

3. The City Council hereby approves the Canvass and finds that it shall be a permanent part of the record of its proceedings for the District. Pursuant to the Canvass, the issues presented at the special election were approved by the qualified electors of the District by more than two-thirds (2/3) of the votes cast at the special election. 297

Resolution No. 2023-
Adopted August 8, 2023

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4. Pursuant to the voter approval, the District is hereby declared to be fully formed with the authority to levy the special taxes and to have the established appropriations limit, all as heretofore provided in these proceedings and in the Act. It is hereby found that all prior proceedings and actions taken by this City Council with respect to the District were valid and in conformity with the Act.

5. The City Clerk is hereby directed to complete, execute and cause to be recorded in the office of the County Recorder of the County of Solano a notice of special tax lien in the form required by the Act, such recording to occur no later than fifteen (15) days following adoption of this Resolution by the City Council.

6. This Resolution shall take effect upon its adoption. * * * * * *
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 8th day of August 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 8th day of August 2023.

Anita Skinner
City Clerk

298

Resolution No. 2023-
Adopted August 8, 2023

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EXHIBIT A

CITY OF SUISUN CITY
COMMUNITY FACILITIES DISTRICT NO. 5
(PUBLIC SAFETY, MAINTENANCE & DREDGING SERVICES)

CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on August 8, 2023, I canvassed the returns of the election held on August 8, 2023, for the City of Suisun City, Community Facilities District No. 5 (Public Safety, Maintenance & Dredging Services) and the total number of ballots cast in such election and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct:

Qualified
Landowner
Votes
Votes
Cast
Votes
YES
Votes
NO
City of Suisun City, Community
Facilities District No. 5 (Public Safety,
Maintenance & Dredging Services)
Special Tax Election, August 8, 2023 __8__ _____ _____ _____

BALLOT MEASURE: Shall the City of Suisun City be
authorized to annually levy a special tax solely on lands within the Community Facilities District No. 5 (Public Safety, Maintenance & Dredging Services) (the “CFD”) in accordance with the rate and method contained in the Resolution of Formation of the CFD adopted by the City Council on August 8, 2023, commencing in the City’s fiscal year 2023/24, to pay for the direct and incidental costs of police services; fire protection services; paramedical services; services for the maintenance of parks, parkways and open space (landscaping); services for the maintenance of storm drains; dredging maintenance; and
streetlight maintenance; and related appurtenances,, the costs of the City in administering the CFD and County charges, and shall the annual appropriations limit of the CFD be established in the amount of $230,000?

YES: __________
NO: __________
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Resolution No. 2023-
Adopted August 8, 2023

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IN WITNESS WHEREOF, I HAVE HEREUN TO SET MY HAND on August 8, 2023.

By:

Anita Skinner, City Clerk
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ORDINANCE NO. 2023-

AN ORDINANCE OF THE CITY COUNCIL OF CITY OF SUISUN

CITY, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A

COMMUNITY FACILITIES DISTRICT

CITY OF SUISUN CITY
COMMUNITY FACILITIES DISTRICT NO. 5
(PUBLIC SAFETY, MAINTENANCE & DREDGING SERVICES)

WHEREAS, this City Council of the City of Suisun City (the “City Council”) on June 20, 2023, adopted Resolution No. 2023- 77 entitled “A Resolution of the City Council of City of Suisun City, Declaring its Intention to Esta blish a Community Facilities District and to Authorize the Levy of Special Taxes” (the “Resolution of Intention”) has conducted proceedings (the “Proceedings”) to establish the City of Suisun City Community Facilities District No. 5 (Public Safety, Mainten ance & Dredging Services) (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”) provide for the costs of operating and maintaining Public Safety, Maintenance & Dredging Services and appurtenant facilities (the “Services) as provided in the Act; and
WHEREAS, the Resolution of Intention called for a public hearing to be held on August 8, 2023, and as part of the Proceedings, the City Council held a public hearing under the Act relative to the determination to proceed with the formation of the District and the rate and method of apportionment of the special tax (the “Special Tax”) to be levied within the District to finance the Services and at such hearing all persons desiring to be heard on all matters pertaining to the formation of the District and the levy of the Special Tax were heard, substantial evidence was presented and considered by this City Council and a full and fair hearing was held; and
WHEREAS, upon the conclusion of the hearing, this City Council adopted a resolution entitled “A Resolution of the City Council of City of Suisun City, Establishing the Formation of a Community Facilities District” (the “Resolution of Formation”), whereby the City Council (i) established the District, (ii) authorized the levy of the Special Tax within the District, and (iii) preliminarily established an appropriations limit for the District, all pursuant to the Act; and
WHEREAS, on August 8, 2023, a spe cial election was held among the landowner voters within the District at which the landowner voters approved the proposition relating to the levy of Special Taxes within the District and the establishment of an appropriations limit for the District by the two-thirds vote required by the Act, which approval has been confirmed by resolution of this City Council; and
WHEREAS, the City Council ordered the recordation with the County Recorder of the County of Solano of a Notice of Special Tax Lien (the “Notice”).

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SUISUN CITY as follows:
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Ordinance No. 2023-
Adopted

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SECTION ONE: The foregoing recitals are true and correct.

SECTION TWO: By the passage of this Ordinance, the City Council hereby authorizes and levies the Special Tax within the District pursuant to the Act, at the rate and in accordance with the rate and method of apportionment of Special Tax set forth in the Resolution of Formation, which rate and method is by this reference incorporated herein. The Special Tax is hereby levied commencing in fiscal year 2023/24 and in each fiscal year thereafter to pay for the Services for the District and all costs of administering the District, as contemplated by the Resolution of Formation and the Proceedings.

SECTION THREE: The City council is hereby further authorized each year, by resolution adopted as provided in Section 53340 of the Act, to determine the specific Special Tax to be levied for the next ensuing fiscal year for each parcel of real property within the District, in the manner and as provided in the Resolution of Formation.

SECTION FOUR: Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Formation and the applicable provisions of the Act. In no event shall the Special Tax be levied on any parcel within the District in excess of the maximum Special Tax specified in the Resolution of Formation.

SECTION FIVE: All of the collections of the Special Tax shall be used as provided in the Act and in the Resolution of Forma tion, including, but not limited to, the payment of the costs of the Services, the payment of the costs of the City of Suisun City in administering the District, and the costs of collecting and administering the Special Tax.

SECTION SIX: The Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the City Council may provide for other appropriate methods of collection by resolution(s) of the City Council. The Director of Finance of the City of Suisun City is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Solano in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Solano for fiscal year 2023/24 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City of Suisun City.

SECTION SEVEN: If for any reason any portion of this ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the District, by a court of competent jurisdiction, the balance of this ordinance and the application of the Special Tax to the remaining parcels within the District shall not be affected.

SECTION EIGHT: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published immediately after its passage at least once in a newspaper of general circulation.

SECTION NINE: This Ordinance shall take effect 30 days from the date of final passage. * * * * * *
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Ordinance No. 2023-
Adopted

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INTRODUCED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 8th day of August 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 8th day of August 2023.

_________________________________
Anita Skinner
City Clerk

PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 22nd day of August 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 22nd day of August 2023.

__________________________________
Anita Skinner
City Clerk
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Community Facilities District Report For:

Community Facilities District No. 5 (Public
Safety, Maintenance & Dredging Services)
August 8, 2023

304

TABLE OF CONTENTS

1. Introduction ...................................... ................................................... .......................... 1

2. Description of Services .............................................................................. ...................... 2

2.1 Services ...................................................................................................................... 2

3. Cost Estimate...................................... ................................................... ......................... 3

3.1 Initial Maximum Amount Proposed to be Expended ................................................ 3

3.2 Anticipated Maximum Special Tax Revenue ............................................................. 3

4. Proposed Boundaries of the CFD ....................................................................... .............. 4

5. Rate and Method of Apportionment ..................................................................... .......... 5

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City of Suisun City
Community Facilities District No. 5 (Public Safety, Maintenance & Dredging Services) 1

1. INTRODUCTION
The City Council (the “City Council”) of the City of Suisun City (the “City”), State of California pursuant to the provisions of the Mello-Roos Community Facilities A ct of 1982, as amended (the “Act”), on June 20, 202 3, adopted a resolution entitled “A Resolution of the City Council of City of Suisun City Declaring its I ntention to Establish a Community Facilities District and to Authorized the Levy of Special Taxes” (the “Resolution of Intention”) stating its intention to form Community Facilities District No. 5 (Public Safety, Maintena nce & Dredging Services) (the “CFD”). In the Resolution o f Intention, the City Council ordered the Director of Finance (the “Director”) of the City to prepare a written Community Facilities District Report (the “Report”) for the CFD.

The Resolution of Intention described certain services (the “Services”) to be financed by the CFD and directed that the Report be prepared.

For particulars, reference is made to the Resolutio n of Intention for the CFD, as previously approved and adopted by the City.

NOW, THEREFORE, I, the Director, hereby submit the following data:

1. DESCRIPTION OF SERVICES AND COST ESTIMATE: A general description of the authorized Services is shown in Section 2 and hereby made a part hereof . The cost estimate for such Services, and a listing of the incidental expenses related thereto, is shown in Section 3 and hereby made a part hereof.

2. PROPOSED BOUNDARIES OF THE CFD: The proposed boundaries of the CFD are those prope rties and parcels in which special taxes may be levied to pay for the costs and expenses of the Services.

The proposed boundaries of the CFD are described on the map of the CFD which is set forth in Section 4 and hereby made a part hereof.

3. RATE AND METHOD OF APPORTIONMENT: The Rate and Method of Apportionment for the CFD i s set forth in Section 5 and hereby made a part hereof.

Dated as of ________________

By:

Director of Finance

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City of Suisun City
Community Facilities District No. 5 (Public Safety, Maintenance & Dredging Services) 2

2. DESCRIPTION OF SERVICES

2.1 Services
It is intended that the CFD will be eligible to fun d all or a portion of the direct and incidental cos ts of police services; fire protection services; paramedical services; services for the maintenance of parks, parkways and open space (landscaping); services for the maintena nce of storm drains; dredging maintenance; and streetlight maintenance; and related appurtenances, within or adjacent to the CFD.

The CFD may fund any of the following related to the maintenance of the services described in the preceding paragraph: obtaining, constructing, reconstructing, furnishing, and operating and maintaining equipmen t, apparatuses or facilities related to providing the services; equipment, apparatuses, facilities, or fi xtures in areas to be maintained; paying the salaries and benefits of personnel necessary or convenient to provide the services; payment of insurance costs and other rela ted expenses; and the provision of reserves for rep airs, replacements, and for the future provision of services. It is expected that the services will be provided by the City, either with its own employees or by contract with third parties, or any combination thereof. The CFD may also fund administrative fees of the City related to the CFD.

The services to be financed by the CFD are in addit ion to those provided in the territory of the CFD b efore the date of creation of the CFD and will not supplant services already available within that territory when the CFD is created.

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City of Suisun City
Community Facilities District No. 5 (Public Safety, Maintenance & Dredging Services) 3

3. COST ESTIMATE

3.1 Initial Maximum Amount Proposed to be Expended – Tax Zone No. 1 The annual budget presented below represents the initial maximum costs for providing the Services.

Description
202 2/2 3
Maximum
Amount
Public Safety, Maintenance & Dredging Services Facilities Maintenance $107,877.11 CFD Administration 5,450.00
Total CFD Costs $113,327.11

3.2 Anticipated Maximum Special Tax Revenue – Tax Z one No. 1 The initial maximum special tax rates are set forth in the Rate and Method of Apportionment for the CFD.

Based upon anticipated development, the anticipated initial maximum special tax revenue is as follows:

Property Type
2022/23 Maximum
Special Tax Rate
Total Anticipated
Maximum Special
Tax Revenue
Single Family Residential Detached Property $1,596 .16 per Unit $113,327.11 Total $113,327.11
*On each July 1, commencing on July 1, 2023, the Maxim um Special Tax Rate shall be increased by the Tax Escalation Factor, as defined in the RMA.

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City of Suisun City
Community Facilities District No. 5 (Public Safety, Maintenance & Dredging Services) 4

4. PROPOSED BOUNDARIES OF THE CFD
The Boundary Map of the CFD is shown on the following page.

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City of Suisun City
Community Facilities District No. 5 (Public Safety, Maintenance & Dredging Services) 5

5. RATE AND METHOD OF APPORTIONMENT
The Rate and Method of Apportionment for the CFD is shown on the following pages. 311

RATE AND METHOD OF APPORTIONMENT (RMA) OF SPECIAL TAX

CITY OF SUISUN CITY
COMMUNITY FACILITIES DISTRICT NO. 5
(PUBLIC SAFETY, MAINTENANCE & DREDGING SERVICES)
A Special Tax shall be levied and collected in the City of Suisun City Community Facilities District N o. 5 (Public Safety, Maintenance & Dredging Services) (“CFD 5”) each Fiscal Year, in an amount determined by the application of the procedures described below. All taxable property (as defined below) in CFD 5, unless exempted by the provisions hereof, shall be taxed f or the purposes, to the extent and in the manner herein provided.

I. DEFINITIONS
The terms used herein shall have the following meanings:
“Accessory Dwelling Unit” or “ADU” means all Assessor’s Parcels of Residential Proper ty for which a building permit(s) has been issued for an “Accessory Dwelling Unit” as defined in in California Government Code Section 65852.2(j)(1), as may be amended from time to time, that is accessory to a primary Unit.

The ADU may be located on the same Assessor’s Parce l as the primary Unit or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel , the ADU located on such Assessor’s Parcel is consid ered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax and both Units will be taxed. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU Unit only. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Act of the State of California. “Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD 5: the costs of computing the Annual Special Tax Requirement, and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Aud itor’s Office, Tax Collector’s Office or Treasurer’ s Office; the costs of the City or designee in comply ing with the disclosure requirements of the Califor nia Government Code (including the Act), including public inquiries regarding the Special Tax; the costs of the City or designee related to an appeal of the Specia l Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFD 5. “Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD 5. “Annual Special Tax Requirement” means that amount with respect to CFD 5 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establis h or replenish any reserve or replacement fund established in connection with CFD 5, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year. “Assessor’s Data” means Units or other information contained in the r ecords of the County Assessor for each Assessor’s Parcel.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned 312

Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor of the Count y designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification. “Building Permit” means a permit issued by the City for new construc tion of a residential building on an Assessor’s Parcel.
“Building Square Feet” or “BSF” means all of the square footage of living area wit hin the perimeter of a residential structure, not including any carport, w alkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Building Square Feet shall be made by reference to the building permit(s) issued for such residential Unit. In the event that the building permit does not show Buildi ng Square Feet, other records of the City or Assessor’ s Data shall be used as determined by the CFD Administrator.
“CFD 5 ” means the City of Suisun City Community Facilitie s District No. 5 (Public Safety, Maintenance & Dredging Services), County of Solano, State of California. “CFD Administrator” means an official of the City, or designee or agen t or consultant, responsible for administering the Special Tax in accordance with this Rate and Method of Apportionment. “City” means the City of Suisun City, County of Solano, California. “City Council” means the City Council of the City, acting as the legislative body of CFD 5. “County” means the County of Solano, California.
“Developed Property” means, in any Fiscal Year, all Taxable Property in CFD 5 for which a building permit for new construction was issued by the City prior to June 1 of the preceding Fiscal Year. “Exempt Property” means any property located within the boundaries of CFD 5 which is exempt from the Special Tax pursuant to Section V below.
“Fiscal Year ” means the period from July 1
st of any calendar year through June 30 th of the following calendar year.
“Maximum Special Tax” means the maximum Special Tax authorized to fund the Annual Services Costs in any Fiscal Year that may apply to Taxable Property as described in Section III. “Mixed-Use Property” means all Assessor’s Parcels of Developed Property for which a Building Permit was issued for a structure that contains more than one Property Type. For an Assessor’s Parcel of Mixed- Use Property, each Property Type is subject to taxation pursuant to section C below. “Multi-Family Property” means all Assessor’s Parcels of Residential Proper ty for which a building permit(s) has been issued for a residential structu re consisting of two or more Units that share commo n walls that do not have separate Assessor’s Parcel N umbers assigned to each Unit, and are available for rental by the general public, not for sale to an end user, and under common management. 313

“Non-Residential Property” means all Assessor’s Parcels of Developed Property with for-profit commercial or industrial uses.
“Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s association, condominium owner’s association, master or sub-association.
“Property Owner’s Association Property” means any property within the boundaries of CFD 5 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. “Property Type” means any of the classes listed in Table 1. “Proportionately” means, for Developed Property that the ratio of th e Special Tax levy to the Maximum Special Tax are equal for all Assessors’ Parcels of Developed Property within CFD 5. “Public Property” means any property within the boundaries of CFD 5 owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public or private road right-of-way making the property unusable for any other purpose has been gr anted to the federal government, the State of California, the County, the City, or any local government or other public agency. “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Spe cial Taxes for CFD 5.
“Residential Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more residential Units. “Single Family Residential Attached Property” means all Assessor’s Parcels of Residential Propert y for which a building permit(s) has been issued for a residential structure consisting of two or more Units that share common walls that have separate Assessor’s Pa rcel Numbers assigned to each Unit, may be purchased by individual homebuyers, including such residential structures that meet the statutory definition of a condominium project contained in Civil Code Section 4125, according to Assessor’s Data or as otherwise known by the CFD Administrator.
“Single Family Residential Detached Property” means all Assessor’s Parcels of Residential Propert y for which a building permit(s) has been issued for a residential structure consisting of one Unit that does not share a common wall with another Unit, and may be p urchased by individual homebuyers, according to Assessor’s Data or as otherwise known by the CFD Administrator. “Special Tax(es)” means the amount levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement.
“Tax Escalation Factor” means on July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax as shown in Section III shall be increased by a minimum of two percent (2%) to a maximum of six percent (6%), determined by the CFD Administrat or on an annual basis as needed to increase the Maximum Special Tax to satisfy the Special Tax Requirement for the succeeding and future Fiscal Years. “Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD 5 at the time 314

of its formation is within Tax Zone No. 1. Additional Tax Zones may be created when property is annexed to CFD 5, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD 5 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation.
“Taxable Property” means all Parcels within the boundary of CFD 5 tha t are not Exempt Property, or exempt from the Special Tax pursuant to the Act.
“Undeveloped Property” means all Parcels within CFD 5 that are not Develop ed Property, Property Owner’s Association Property, or Public Property.
“Unit” means (i) for Single Family Residential Detached Pr operty, an individual single family detached residential unit, and (ii) an ADU. The number of Un its assigned to each Assessor’s Parcel may be determined by (i) referencing Assessor’s Data, (ii) site surveys and physical unit counts, and/or (iii ) other research by the CFD Administrator.
“Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the b oundaries of CFD 5 that (a) have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code indicated in the Assessor’s Data finalized as of January 1 of the previous Fiscal Ye ar, and (b) are exempt from the Special Tax pursuant to Section 53340(c) of the Act.

II. DETERMINATION OF TAXABLE PARCELS
Each Fiscal Year, the CFD Administrator shall deter mine the Assessor’s Parcel Numbers for all Taxable Property within CFD 5 for the then-current Fiscal Y ear. To the extent a Parcel of Taxable Property is subdivided, consolidated, or otherwise reconfigured , the Maximum Special Tax shall be assigned to the new Assessor’s Parcel Number(s) pursuant to Section III. The CFD Administrator shall also determine: ( i) the Tax Zone within which each Parcel is located; ( 2) which Parcels are Developed Property and Undeveloped Property; (ii) the number of Units each Parcel contains; (iii) the property type, i.e., Si ngle Family Residential Detached Property or Accessory D welling Unit; and (iv) the Annual Special Tax Requirement for the Fiscal Year.

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III. MAXIMUM ANNUAL SPECIAL TAX RATES
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within Tax Zone No. 1 shall be assigned according to the table below.

TABLE 1

MAXIMUM SPECIAL TAX RATES
TAX ZONE NO. 1
FISCAL YEAR 2022/23*
Property Type
Maximum Special
Tax Rate Per
Single Family Residential Detached Property $1,596. 16 Unit Single Family Residential Attached Property 0.00 Unit
Multi-Family Property 0.00 Unit
Non-Residential Property 0.00 BSF
Accessory Dwelling Unit See below Unit
Mixed-Use Property See below Unit/BSF
*On each July 1, commencing on July 1, 2023, the Maxi mum Special Tax Rate shall be increased by the Tax Escalation Factor.

Accessory Dwelling Unit
The Maximum Special Tax for an Accessory Dwelling U nit shall be calculated as a percentage of the Maximum Special Tax for the primary Unit the ADU is accessory to, based on Building Square Footage. For example, if a primary Unit of Single Family Residential Detached Property with 2,000 BSF has an ADU of 800 BSF, the Maximum for the ADU Special Tax in Tax Zone No. 1 shall be calculated by the following steps:

1. 800 BSF / 2,000 BSF = 0.40 or 40%

2. $1,596.16 Maximum Special Tax per Unit x 40% = $638.46 Maximum Special Tax for such ADU
Mixed-Use Property
In some instances, an Assessor’s Parcel of Develope d Property may contain more than one Property Type. The Maximum Special Tax assigned to an Assessor’s Parcel of Mixed-Use Property shall be the sum of the Maximum Special Tax for all property uses located on that Assessor’s Parcel.

IV. SPECIAL TAX - METHOD OF APPORTIONMENT
All Taxable Property shall be subject to a Special Tax defined as follows. The Special Tax shall be le vied each Fiscal Year by the CFD Administrator.

The Annual Special Tax Requirement shall be apporti oned to each Parcel within CFD 5 by the method shown below.
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First. Determine the Annual Special Tax Requirement.

Second. Levy the Special Tax on each Parcel of Developed Pr operty, Proportionately, up to the applicable Maximum Special Tax to satisfy the Annual Special Tax Requirement.

Under no circumstances will the Special Tax on any Assessor’s Parcel of used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD 5.

V. FORMULA FOR PREPAYMENT OF SPECIAL TAX OBLIGATION S
The Special Tax may not be prepaid.

VI. EXEMPTIONS
Notwithstanding any other provision of this Rate an d Method of Apportionment, no Special Tax shall be levied on Property Owner’s Association Property, Un developed Property, Assessor’s Parcels with public or utility easements making impractical their utili zation for any use other than the purposes set fort h in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5, and 53340.1 of the Act.

No Special Tax shall be levied on any Assessor’s Parcel in any Fiscal Year in which such Assessor’s Parcel is classified as Welfare Exempt Property.

VII. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning the Special Tax. In addition, the interpretation and application of any section of this document sha ll be at the City’s discretion. Interpretations may be made by the City Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.

VIII. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same mann er and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed t o meet the financial obligations of CFD 5, and may collect delinquent Special Taxes through other available methods.

A Special Tax shall continue to be levied and colle cted commencing in Fiscal Year 2022/23 to the exten t necessary to satisfy the Annual Special Tax Require ment and shall be levied perpetually or for as long as required to satisfy the Annual Special Tax Requirement, as determined by the City.

IX. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than o ne calendar year after having paid the Special Tax tha t is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax levied must be paid on or before the payment date established when the levy was made. 317

The appeal must specify the reasons why the appella nt claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.

If the property owner disagrees with the CFD Admini strator’s decision relative to the appeal, the owne r may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the C FD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, the CFD administrator shall determine if sufficient Special Tax revenue is available to make a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit the Special Tax in future years.

This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.
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Community Facilities
District #5

FORMATION

MERIDIAN SUBDIVISION
Public Hearing
August 8, 2023
City-Wide Map of CFDs & Tax Zones & LLDs
Location of New Community Facilities District No. 5
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Meridian Boundary Map
New CFD No. 5
• Formed to cover items not authorized under CFD No.2’s formation documen
ts:
• Streetlights
• Dredging
• Will include covering Safety Service and Administrative costs. • Will be a
vailable for future annexations, as appropriate.
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Staff Recommendations
It is recommended that the City Council:
• Adopt Resolution No. 2023-___: Establishing the Formation of a Community Facilities District
• Adopt Resolution No. 2023-___: Calling a Special Election for a Community Facilities District
• Adopt Resolution No. 2023-___: Declaring Results of a Special Landowner Election and Directing the Recording of a Special Tax Lien • Introduce Ordinance No. 2023-___: Authorizing the Levy of Special Taxes in a Community Facilities District
Questions?

CONDUCT PUBLIC HEARING
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AGENDA ITEM NO. 16

AGENDA TRANSMITTAL

MEETING DATE:

August
8, 2023

CITY AGENDA ITEM:

Public Hearing and Other Proceedings Related to Annexation No. 17 to Community Facilities District No. 2 (Municipal Services), for the Tractor Supply Co. Project:

a
.

Council Adoption of Resolution No. 2023-___: Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors; and
b
.

Council Adoption of Resolution No. 2023-___: Declaring Results of Special Annexation Election, Determining Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien; and
c
.

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

FISCAL IMPACT:

There would be positive impact to the General Fund from this item. Once the project is annexed into the Community Facilities District (CFD), it will begin to contribute funds towards Public Safety Services such as Police and Fir
e.

The annexation of the Tractor Supply Co.
project into CFD No. 2 meets the fiscal criteria as established by Resolution No. 2005-69 Cost Recovery Policy for New Development, dated October 4, 2005. Community Facilities District No. 2 is intended to offset Municipal Service costs, including administrative costs, thereby reducing the negative fiscal impact of new development on the City’s General Fund.

STRATEGIC PLAN:

Provide Good Governance and Ensure Public Safety.

BACKGROUND:

As part of the Tractor Supply Co. project conditions of approval, the developer is required to mitigate the impact on City Safety Services due to the new development. In accordance with the development conditions imposed on development projects, the landowner is annexing to Community Facilities District No. 2 to offset municipal service costs for police, fire, paramedics.

As the first step in the annexation process, the Resolution of Intention was brought before Council and approved at the June 20, 2023, Council Meeting.

STAFF REPORT:

The next steps in the legislative process for annexation of the Tractor Supply Co. project into Community Facilities District No. 2 include conducting the Public Hearing. This is one of the Public Hearings that are before you this evening. The final step involves the item coming back to Council as part of an Ordinance for Council’s approval at the August 22, 2023, meeting.

STAFF RECOMMENDATION:

It is recommended that the City Council:

1 .

Adopt Resolution No. 2023-___: Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors; and
2 .

Adopt Resolution No. 2023-___: Declaring Results of Special Annexation Election, Determining 323
Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien; and
3 .

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

DOCUMENTS ATTACHED:
1 .

Council Resolution No. 2023-___: Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors.
2 .

Council Resolution No. 2023-___: Declaring Results of Special Annexation Election, Determining Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien.
3 .

Council Introduction and Waive Reading of Ordinance No. ___: An Ordinance of the City Council of the City of Suisun City Levying Special Tax Within City of Suisun City Communities Facilities District No. 2 (Municipal Services), Including Certain Annexation Territory. 4 .

District Boundary Map.
5 .

PowerPoint Presentation.

PREPARED BY:

Amanda Dum, Management Analyst II
REVIEWED BY:

Nouae Vue, Public Works Director
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:

1. Resolution Submitting Annexation of Territory and Levy of Special Taxes.pdf

2. Resolution Declaring Results of Special Annexation Election, Determining Validity, and Directing Recording of Amended Notice.pdf

3. Ordinance Levying Special Tax Within City of Suisun City CFD No. 2.pdf

4. District Boundary Map.pdf

5. PowerPoint Presentation.pdf
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RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN

CITY SUBMITTING ANNEXATION OF TERRITORY AND LEVY OF

SPECIAL TAXES TO QUALIFIED ELECTORS

Annexation No. 17 (Tractor Supply Co.)

RESOLVED by the City Council (the “Council”) of the City of Suisun City (the “City”), County of Solano, State of California, that: and WHEREAS, this Council, acting as legislative body of the City of Suisun City’s Community Facilities District No. 2 (Municipal Services) (the “CFD”) has adopted “A Resolution of Intention to Annex Territory to Community Facilities District and to Authorize the Levy of Special Taxes Therein” (the “Resolution of Intention to Annex”) stating its intention to annex certain territory (the “Annexation Territory) to the CFD pursuant to the Mello Roos Community Facilities Act of 1982, Sections 53311 and following of the California Government Code (the “Act”); and
WHEREAS, a copy of the Resolution of Intention to Annex, incorporating a description and map of the proposed boundaries of the Annexation Territory and stating the services (the “Services”) to be provided and the r ate and method of apportionment of the special tax (the “Special Taxes”) to be levied within the Annexation Territory to pay for the Services, is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and
WHEREAS, on the date hereof, this Council held a noticed public hearing as required by the Act and the Resolution of Intention to Annex relative to the proposed annexation of the Annexation Territory to the CFD and the levy of special taxes in the Annexation Territory; and WHEREAS, at such hearing all interested persons desiring to be heard on all matters pertaining to the annexation of the Annexation Territory to the CFD and the levy of the Special Taxes within the Annexation Territory were heard and a full and fair hearing was held; and WHEREAS, prior to the time fixed for the hearing, written protests had not been filed against the proposed annexation of the Annexation Territory to the CFD by (i) 50% of more of the registered voters, or six registered voters, whichever is more, residing in the existing CFD, or (ii) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the Annexation Territory, (iii) owners of one-half or more of the area of land in the CFD not exempt from special taxes or (iv) owners of one -half or more of the area of land in the Annexation Territory not exempt from special taxes; and WHEREAS, the Annexation Map of the captioned annexation has been filed with the City Clerk and recorded in the Solano County Recorder’s Office on June 29, 2023, in Book 26 at Page 84 of Maps of Assessment and Community Facilities Districts as Document Number 202300027717, which map shows the Annexation Territory. 325

Resolution No. 2023-
Adopted August 8, 2023

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NOW, THEREFORE, IT IS HEREBY ORDERED, as follows:

1. Prior Proceedings. All prior proceedings taken by this Council with respect to the CFD and the proposed annexation of the Annexation Territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act, and the CFD has been validly established pursuant to the Act.

2. Prior Resolutions. The provisions of the Resolution of Intention to Annex and Resolution No. 2005- 89, entitled “A Resolution of the Suisun City Council Forming Community Facilities District No. 2 (Municipal Services)” (the “Resolution of Formation”), previously adopted by this Council for the CFD, are by this reference incorporated herein, as if fully set forth herein.

3. Voter Approval. Pursuant to the provisions of the Act, the propositions of (i) the annexation of the Annexation Territory and (ii) the levy of the Special Taxes within the Annexation Territory shall be submitted to the voters of the Annexation Territory at an election called therefor as hereinafter provided.

4. Electors Determined . This Council hereby finds that fewer than 12 persons have been registered to vote within the Annexation Territory for each of the 90 days preceding the close of the hearing heretofore conducted and concluded by this Council for the purposes of these annexation proceedings. Accordingly, and pursuant to the Act, this Council finds that for purposes of these proceedings the qualified electors are the landowne rs within the Annexation Territory and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in the Annexation Territory.

5. Applicable Laws . Pursuant the Act, the election shall be conducted by mail ballot under Section 4000 of the California Elections Code, provided, however, that for purposes of setting the date for the election, Sections 53326 and 53327 of the Act shall govern.

6. Special Election Called . On Tuesday, August 8, 2023, in in the City Hall, Council Chambers, 701 Civic Center Boulevard, Suisun City, California, a special election is hereby called to consider the measure described in the ballot referred to below. This Council hereby further finds that the provision of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement and the date for the election herein specified is established accordingly.

Under Section 50075.1 of the Government Code , the following accountability provisions shall apply to the special taxes: (a) the provision and/or acquisition of the Services and the incidental costs thereof, all as defined in the Resolution of Intention to Annex and the Resolution of Formation, shall constitute the specific single purpose; (b) the proceeds shall be applied only to the specific purposes identified in (a) above; (c) there shall be created special account(s) or funds(s) into which the proceeds shall be deposited; and (d) there shall be caused to be prepared an annual audit and report of the CFD.

7. Election Official. The City Clerk is hereby appointed as the election official to conduct the election and shall cause to be provided to each landowner in the Annexation Territory a ballot sub stantially in the form of Exhibit A hereto (the “Ballot”), which form is hereby approved. The City Clerk shall accept mailed or hand delivered Ballots of the qualified electors received prior to 5:30 o'clock p.m. on the date fixed above for the election.

8. Effective. This resolution shall take effect upon its adoption. 326

Resolution No. 2023-
Adopted August 8, 2023

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* * * * * *
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 8th day of August 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 8th day of August 2023.

Anita Skinner
City Clerk
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Resolution No. 2023-
Adopted August 8, 2023

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EXHIBIT A

CITY OF SUISUN CITY
Community Facilities District No. 2
(Municipal Services)
Annexation No. 17 (Tractor Supply Co.)

OFFICIAL BALLOT

SPECIAL TAX ANNEXATION ELECTION
This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Suisun City no later than 6:30 p.m. on Tuesday, August 8, 2023, either by mail or in person. The City Clerk’s office is located at 701 Civic Center Boulevard, Suisun City, California 94585.

To vote, m ark a cross (X) on the voting line after the word “YES” or after the word “NO”. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Suisun City and obtain another.

The amount of money to be raised annually by the levy of the special tax on the property to be annexed to Community Facilities District No. 2 (Municipal Services) is $ 22,579.76 in 2023/24 dollars and the rate and duration of the tax to be levied is as set forth in the rate and method of apportionment of special tax for Community Facilities District No. 2 (Municipal Services).

BALLOT MEASURE NO. 1: Shall the
City of Suisun City, by and for its
Community Facilities District No. 2
(Municipal Services) (the “CFD”), be
authorized to annex Annexation No. 17
(Tractor Supply Co) to the CFD, as such
territory is described in “A Resolution
Submitting Annexati on of Territory and
Levy of Special Taxes to Qualified
Electors” adopted by the City Council of
the City of Suisun City on August 8, 2023?
The effectiveness of this Ballot Measure
No. 1 is contingent upon the passage of
Ballot Measure No. 2.

YES:

NO:
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BALLOT MEASURE NO. 2: Shall the
City of Suisun City, by and for its
Community Facilities District No. 2
(Municipal Services) (the “CFD”), be
authorized to levy special taxes within the
territory proposed for annexation to the
CFD according to the rate and method of
apportionment specified in the Resolution
of the City Council entitled “A Resolution
of Intention to Annex Territory to
Community Facilities District and to
Authorize the Levy of Special Taxes
Therein,” adopted by the City Council of
the City of Suisun City on June 20, 2023?
The effectiveness of this Ballot Measure
No. 2 is contingent upon the passage of
Ballot Measure No. 1.

YES:

NO:

By execution in the space provided below, you also confirm your written waiver of the time limit perta ining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure.

Assessor Parcel No(s).: 0173-390-190
Acres: 3.17
Number of Votes: 4
YUBA INVESTMENTS -- E. ST. L.P.

By:

Name:

Its: ___________________________

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RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN

CITY DECLARING RESULTS OF SPECIAL ANNEXATION

ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS,

AND DIRECTING RECORDING OF AMENDED NOTICE OF SPECIAL

TAX LIEN

Annexation No. 17 (Tractor Supply Co.)

RESOLVED by the City Council (the “Council”) of the City of Suisun City (the “City”), County of Solano, State of California, that: and WHEREAS, in proceedings heretofore conducted by the Council pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), this Council has heretofore adopted a resolution calling a special election of the qualified landowner electors in the territory of land (the “Annexation Territory”) proposed to be annexed to Community Facilities District No. 2 (Municipal Services) (the “CFD”); and
WHEREAS, pursuant to the terms of the resolution of the City Council entitled “A Resolution Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors” (the “Election Resolution”) adopted by the City Council on this date, which is hereby incorporated herein by this reference, the special election has been held and the City Clerk has filed a Canvass of Votes Cast in Special Election (the “Canvass”), a copy of which is attached hereto as Exhibit A; and
WHEREAS, this Council has reviewed the Canvass and hereby approves it.

NOW, THEREFORE, IT IS HEREBY ORDERED as follows:

1. Issue Presented. The issues presented at the special election were (i) the annexation of the Annexation Territory to the CFD and (ii) the levy of a special tax within the Annexation Territory.

2. Measure Approved. Pursuant to the Canvass, the issues presented at the special election were approved by the landowners of the Annexation Territory by more than two-thirds of the votes received at the special election.

3. Annexation Completed . Pursuant to the voter approva l, the Annexation Territory is hereby declared to be fully annexed to and part of the CFD with full legal effect.

4. Authority to Levy Special Taxes. Pursuant to the voter approval, this Council may levy special taxes in the territory in the Annexation Ter ritory according to the rate and method of apportionment specified in the Resolution of this Council entitled “A Resolution of Intention to Annex Territory to Community Facilities District and to Authorize the Levy of Special Taxes Therein,” adopted on June 20, 2023.

5. Prior Proceedings . It is hereby found that all prior proceedings and actions taken by this Council pursuant to the CFD and the Annexation Territory were valid and in conformity with the Act.
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Resolution No. 2023-
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6. Amendment to Notice of Lien . Within 15 days of the date of this Resolution, the City Clerk shall execute and cause to be recorded in the office of the County Recorder of the County of Solano an amendment to the Notice of Special Tax Lien as required by Section 3117.5 of the California Streets and Highways Code.

7. Effective. This resolution shall take effect upon its adoption.

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PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 8th day of August 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 8th day of August 2023.

__________________________________
Anita Skinner
City Clerk
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Resolution No. 2023-
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EXHIBIT A

CITY OF SUISUN CITY
Community Facilities District No. 2
(Municipal Services)
Annexation No. 17 (Tractor Supply Co.)

CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on this date, I canvassed the returns of the election held on this date in the territory proposed for annexation to City of Suisun City Community Facilities District No. 2 (Municipal Services), which election is designated as the Special Tax Annexation Election, and the total number of ballots cast in the territory proposed to be annexed and the total number of votes cast for and against the measures are as follows and the totals as shown for and against the measures are full, true and correct:

BALLOT MEASURE NO. 1: Shall the City of Suisun
City, by and for its Community Facilities District No.
2 (Municipal Services) (the “CFD”), be authorized to
annex Annexation No. 17 (Tractor Supply Co) to the
CFD, as such territory is described in “A Resoluti on
Submitting Annexation of Territory and Levy of
Special Taxes to Qualified Electors” adopted by the
City Council of the City of Suisun City on August 8,
2023? The effectiveness of this Ballot Measure No. 1
is contingent upon the passage of Ballot Measure No.

2. Qualified
Landowner Votes Votes Cast YES NO
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BALLOT MEASURE NO. 2: Shall the City of Suisun
City, by and for its Community Facilities District No.
2 (Municipal Services) (the “CFD”), be authorized to
levy special taxes within the territory proposed for
annexation to the CFD according to the rate and
method of apportionment specified in the Resolution of
the City Council entitled “A Resolution of Intention to Annex Territory to Community Facilities District and
to Authorize the Levy of Special Taxes Therein,”
adopted by the City Council of the City of Suisun City
on June 20, 2023? The effectiveness of this Ballot
Measure No. 2 is contingent upon the passage of Ballot
Measure No. 1.

Qualified
Landowner Votes Votes Cast YES NO
4 IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this __ day of _________, 2023.

CITY OF SUISUN CITY

By: __________________
Anita Skinner, City Clerk

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ORDINANCE NO. 2023-

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

Annexation No. 17 (Tractor Supply Co.)

WHEREAS, the City of Suisun City (the “City”) has conducted proceedings pursuant to the Mello -Roos Community Facilities Act, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the Calif ornia Government Code (the “Act”) to establish “City of Suisun City Community Facilities District No. 2 (Municipal Services)” (the “CFD”) for the purpose of financing certain municipal services (the “Services) as provided in the Act; and
WHEREAS, the rate and method of apportionment of special tax for the CFD (the “Original Rate and Method”) is set forth in Exhibit A to City Council Resolution 2005- 89, which was adopted on November 15, 2005 (the “Resolution of Formation”); and WHEREAS, the City has conducted proceedings to annex territory into the CFD and, in connection therewith, approved supplements to the Original Rate and Method (as supplemented, the “Rate and Method”); and

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SUISUN CITY as follows:

SECTION ONE: By the passage of this Ordinance, pursuant to the Act, the Council hereby authorizes and levies the Special Tax within the CFD, including all territory a nnexed into the CFD prior to the date hereof, at the rate and in accordance with method set forth in the Rate and Method, which rate and method are by this reference incorporated herein. The Special Tax has previously been levied in the original territory of the CFD beginning in fiscal year 2006- 07 pursuant to Ordinance No. 684, passed and adopted by the City Council on December 6, 2005, and the Special Tax is hereby levied commencing in fiscal year 2023-24 in the territory annexed to the CFD subsequent to formation of the CFD, and in each fiscal year thereafter to pay for the Services for the CFD and all costs of administering the CFD.

The City Council hereby ratifies the levy of special taxes within the CFD pursuant to the Act, at the rate and in accordance with the Rate and Method, in fiscal years 2006- 07 through 2023-

24. SECTION TWO: The City Manager or designee, or an employee or consultant of the City, is hereby authorized and directed each fiscal year to determine the specific Special Tax to b e levied for the next ensuing fiscal year for each parcel of real property within the CFD, including all territory annexed to the CFD prior to the date hereof, in the manner and as provided in the Rate and Method.

SECTION THREE: Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Formation, the Rate and Method and the applicable provisions of the Act. In no 334

Ordinance No. 2023-
Adopted

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event shall the Special Tax be levied on any parcel within the CFD in excess of the maximum Special Tax specified in the Rate and Method.

SECTION FOUR: All of the collections of the Special Tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of costs of the Services, the payment of the costs of the City i n administering the CFD, and the costs of collecting and administering the Special Tax.

SECTION FIVE: The Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the Council may provide for other appropriate methods of collection by resolution(s) of the Council. The City Manager of the City (or the City Manager’s designee) is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Solano in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Solano for fiscal year 2023-24 and for each fiscal year thereafter, as set forth above, until no longer required to pay for the Services or until otherwise terminated by the City.

SECTION SIX: If for any reason any portion of this Ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the CFD, including all territory annexed to the CFD prior to the date hereof, by a court of competent jurisdiction, the balance of this Ordinance and the application of the Special Tax to the remaining parcels within the CFD, including all territory annexed to the CFD prior to the date hereof, shall not be affected.

SECTION SEVEN: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published immediately after its passage at least once in a newspaper of general circulation circulated in the City.

SECTION EIGHT: This Council affirms the provisions of Ordinance No. 684 except to t he extent any terms of such Ordinance are inconsistent with the provisions of this Ordinance, in which case the terms of this Ordinance shall govern.

SECTION NINE: This Ordinance shall become effective (30) days following its passage and adoption and shall be published once within fifteen (15) days upon passage and adoption in a newspaper of general circulation in the City of Suisun City, County of Solano. * * * * * *
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INTRODUCED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 8th day of August 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 8th day of August 2023.

_________________________________
Anita Skinner
City Clerk

PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 22nd day of August 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 22nd day of August 2023.

__________________________________
Anita Skinner
City Clerk
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Community Facilities
District #2
ANNEXATION #17
TRACTOR SUPPLY CO.

Public Hearing
August 8, 2023
Community Facilities District #2 – City-Wide
Majority of revenue from District goes to Safety Services (Police & Fire) 1 2
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Tractor Supply Co. Boundary Map
Staff Recommendations
It is recommended that the City Council adopt the following:
a. Adoption of Resolution No. 2023-___: Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors; and
a. Adoption of Resolution No. 2023-___: De claring Results of Special Annexation Election, Determining Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien; and
a. Council Introduction and Waive Reading of Ordinance No. ___: Levying Special Tax within City of Suisun City Community Facilities District No. 2 (Municipal Services), Including Certain Annexation Territory.
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Questions?

CONDUCT PUBLIC HEARING
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AGENDA ITEM NO. 17

AGENDA TRANSMITTAL

MEETING DATE:

August
8, 2023

CITY AGENDA ITEM:

Discussion and Direction on Recreation, Parks, Marina, and Arts (RPMA) Commission Event.

FISCAL IMPACT:

None at this time.

STRATEGIC PLAN:

Ensure Good Government.

BACKGROUND:

In 2022, RPMA coordinated the first "I Heart Suisun" event at the Joseph Nelson Community Center. The event was a great success and RPMA has the desire to duplicate that event in the future. This event was not planned and so it was not included in the annual special events approval by both RPMA and the City Council.

STAFF REPORT:

Staff is seeking Council direction for three potential options:

1 .

Allow RPMA to utilize city letterhead in requesting sponsorship for the event. Sponsorship could be in the form of monetary or physical items support. The city would need to create an account for funds to be accepted and spent from for accounting purposes. 2 .

Seek a non-profit to partner with that would act as the fiscal agent for the RPMA and provide the accounting services. The non-profit could charge a fiscal agent fee, typically 5%-10%. 3 .

The City Council could allocate general fund money to support this community event. The estimated cost to operate would be $5,000. These funds would be used to pay for performers, permits, marketing, and artist materials.

STAFF RECOMMENDATION:

Discuss the proposed options and give direction to staff on one of these options or some other option as determined by Council.

DOCUMENTS ATTACHED:

NONE

PREPARED BY:

Kris Lofthus, Deputy City Manager
REVIEWED BY:

Greg Folsom, City Manager
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:
1 Blank Page - THIS PAGE INTENTIONALLY LEFT BLANK.pdf
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THIS PAGE INTENTIONALLY LEFT BLANK
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AGENDA ITEM NO. 18

AGENDA TRANSMITTAL

MEETING DATE:

August
8, 2023

CITY AGENDA ITEM:

Discussion and Direction Regarding City Attorney Services.

FISCAL IMPACT:

There would be no impact to the General Fund from this action.

STRATEGIC PLAN:

Provide Good Governance.

BACKGROUND:

Aleshire & Wynder, LLP (A&W) has been the firm representing Suisun City as City Attorney since 2009. A&W was selected after a Request for Proposal (RFP) process. A&W has worked with the city on many challenging issues over the past 14 years, including a lawsuit against the YMCA where the city prevailed and was awarded approximately $800,000; the dissolution of Redevelopment and litigation with the state; litigation with a developer over the control of multiple Successor Agency properties in the downtown area; the drafting of Measure S; challenges with the Holiday Inn project; issues related to Covid; and complex labor negotiations, just to name a few.

STAFF REPORT:

The job of the City Attorney is to advise city officials in all legal matters. The City Attorney’s Office handles a multitude of types of issues because the management of a city is very complex. Some examples of matters handled by the City Attorney’s Office include:

1 .

Legal Advice: The city attorney advises the city's elected officials, administrative staff, and various departments on legal matters. This may include interpreting local, state, and federal laws, regulations, and ordinances to ensure the city's actions and policies are in compliance with the law.
2 .

Drafting and Reviewing Documents: The city attorney is responsible for drafting and reviewing legal documents, such as contracts, ordinances, resolutions, and other legal agreements entered into by the city.
3 .

Litigation: If the city becomes involved in legal disputes, the city attorney represents the city's interests in court. This may include defending the city against lawsuits or initiating legal actions on behalf of the city.
4 .

Code Enforcement: The city attorney may be involved in enforcing local codes and ordinances.

This could involve prosecuting violations and working with other city officials, such as code enforcement officers, public nuisance abatement, and seeking appointment of a receiver. 5 .

Land Use and Zoning: City attorneys often play a role in land use and zoning matters. They may advise on zoning regulations, participate in planning and zoning meetings, help with California Environmental Quality Act (CEQA) compliance, and help draft zoning ordinances, including navigating the ever increasing laws that seek to remove roadblocks to the construction of housing. 6 .

Public Meetings: The city attorney may attend city council meetings and other public meetings to provide legal guidance and ensure compliance with open meeting laws. 7 .

Employment Law: City attorneys may handle employment-related legal matters, such as advising on labor laws, labor negotiations, employee contracts, and handling employment disputes. 8 .

Public Records and Open Government: They may be responsible for ensuring compliance with public records laws and open government requirements, including providing access to public records and responding to public records requests, including managing redactions, as necessary. 343
9 .

Ethics and Conflict of Interest: City attorneys often advise on ethical matters and potential conflicts of interest for city officials and employees. 10 .

Legislation: In some cases, city attorneys may assist in the drafting and review of proposed legislation or ballot measures and work with elected officials on policy matters. 11 .

Criminal Procedure Law: City attorneys must respond to Pitchess motions. A Pitchess motion is a legal motion used in criminal cases in California to discover and obtain certain confidential personnel records of law enforcement officers involved in a case. The response to a Pitchess motion by the city attorney involves managing the disclosure or non-disclosure of relevant personnel records.

The City Attorney’s Office is a necessary part of providing good governance for the city. The hiring of the City Attorney, or a City Attorney firm, is completely within the purview of the City Council.

Cities’ legal budget can vary widely based on the size of the city but primarily based on the amount and type of work required by a city at any given moment – these budgets can also fluctuate over time. By way of example, the FY 2022-24 annual legal budgets of some of our neighbors (rounded): Benicia (pop. 29,000) $1,000,000; Fairfield (pop. 120,000) $775,000; Rio Vista (pop. 10,000) $320,000; Woodland (pop. 62,000) $450,000.

It was requested at the July 25th City Council meeting that a discussion regarding whether to put the City Attorney contract up for an RFP be placed on the agenda. Staff requests that the City Council discuss this topic and provide direction to staff.

STAFF RECOMMENDATION:

It is recommended that the City Council discuss this topic and provide direction to staff.

DOCUMENTS ATTACHED:

NONE

PREPARED BY:

Greg Folsom, City Manager

ATTACHMENTS:

NONE
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SUISUN CITY MAYOR INFORMATIONAL REPORT
AUGUST 8, 2023

REGIONAL BOARDS / COMMISSIONS /COMMITTEES:

Solano Transportation Authority Board Member (STA)
Solano County Water Agency Board Member (SCWA)
Capitol Corridor Joint Powers Authority (CCJPA)
 SolTrans Board of Directors
Local Agency Formation Commissioner (Alternate) (LAFCO) CAP2 Solano JPA (Solano Regional Homelessness Board)
Solano Economic Development Center Board Member
Solano County Mayor’s Committee
City-County Coordinating Committee

Suisun City Committees / Ad-Hoc:

Suisun-Solano Water Authority Executive Committee
Fairfield-Suisun Sewer District Executive Committee
 Fairfield-Suisun Sewer District Board
 Suisun City Environment and Climate Committee Chair
Suisun City / Fairfield-Suisun Unified School District Joint Advisory Committee 30 Acre Parcel Highway 12 and Marina Mixed Use Ad-Hoc Committee City Manager Evaluation 2023 Ad-Hoc Committee
Suisun City Economic Vitality Ad-Hoc Committee

Other:
 Solano Bayshore Resiliency Roundtable
 Solano EDC/BayREN
 CLLAIMM Academy and Childcare Ribbon Cutting
 Travis Air Force Base Civic Leaders Breakfast
 Northern Solano County Realtors Association Salute to Local Government  Travis Air Force Base KC-46 Arrival Ceremony
 Suisun City Farmers Market Ribbon Cutting
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Solano Bayshore Resiliency Roundtable (July 13, 2023)
• Met with community leaders whose cities border the San Francisco Bay in Solano County. • Meeting was coordinated by Emily Corwin at Fairfield-Suisun Sewer District • Guest speaker was the Army Corps of Engineers to share information on their new thinking on engineering designs to address sea level rise, specifically ecotone levees. • Ecotone Levees are gentle slopes bayward of flood risk management levees and landward of a tidal marsh. They connect the levee to the marsh surface and can provide high quality transition zone habitat when vegetated with appropriate native plants.

SolTrans Board Meeting (July 20, 2023)
• SolTrans will be implementing service changes on the Solano Express Blue Line starting Sunday, August 7
th. The Blue Line service to Sacramento and Vaca Valley stops will discontinue. The Davis campus stop will move to the Mondavi Center for better connections to Yolo Bus and Unitrans. 345

SUISUN CITY INFORMATIONAL REPORT, Page 2 of 4
• No route changes will affect the Red or Green Line.
• The Blue, Red, and Green Lines are all accessible at the Suisun/Fairfield Amtrak Station. For full schedule details visit www.soltrans.org

Solano EDC / BayREN (July 21, 2023)
• Provided Mayor welcome remarks to the Bay Area Regional Energy Network Board (BayREN), which hosted its board meeting at Rush Ranch located in Suisun City. • The California Public Utilities Commission has approved the BayREN business plan for the next 8 years and a 4-year budget of $171 million to bolster energy efficiency and electrification efforts. • BayREN has a critical focus area in designing programs that provide value for underserved populations. Two existing programs -Single Family (Home+) and Bay Area Multifamily Building Enhancements (BAMBE)- will continue to be focused on equity and will be joined by two new programs including the BayREN Refrigerant Replacement Program (BRRR) and Climate Careers. • Learn more about BayREN at www.bayren.org

CLLAIMM Academy Ribbon Cutting (July 22, 2023)
• Attended the CLLAIMM Academy and Childcare Center Red Ribbon Cutting. • In attendance were Mayor Hernandez, Councilmember Dawson, Councilmember Pal, and Councilmember Osum, as well as members of the Suisun City Fire Department. • Tours of the childcare facility were provided to interested families and they had the opportunity to sign-up on the same day as well as learn about their faith based childcare services. • The childcare facility will be available to provide Day Shift regular hours (7am-6pm), Preschool hours (7am-3:30pm), Full Time (16+hrs) or Part Time (15.75 or less) hours, Extended Morning Hours (5:30am-7am) and Swing Shift hours (3pm-8pm).
• For more information visit www.cllaimmacademy.com

FSSD Special Meeting and Regular Board Meeting (July 24, 2023) • The board members of the Fairfield-Suisun Sewer District (FSSD) attended a special meeting to receive a tour of Lystek, a leader in biosolids and organics management. For Suisun City, in attendance were Mayor Hernandez, Vice Mayor Washington, Councilmember Dawson, and Councilmember Osum.
• Lystek partners with municipalities, wastewater treatment plants, and private sector customer to enhance operations and recover resources from biosolids and similar organic feedstock. • They have global operations with a location on the Fairfield-Suisun Sewer District campus. They serve farmers in Solano County and throughout Northern California and provide. They use biosolids collected by FSSD and offer a full-cycle resource recovery including Class A LysteGro Fertilizer, LysteMize Digester Enhancement, and LysteCarb Alernative Carbon Source for BNR systems.
• The regular board meeting included an overview of the Lystek Public-Private Partnership, the adoption of the 2023 Pay Rate Schedule, and a presentation of the Quarterly Investment Report.

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SUISUN CITY INFORMATIONAL REPORT, Page 3 of 4
Environment and Climate Committee (July 26, 2023)
• The Environment and Climate Committee met to receive training on the California Environmental Quality Act (CEQA) and Environmental Impact Reports (EIR’s). The training and overview were provided by Development Director Bermudez and Principal Planner Kerns. • The Committee was provided a general overview of The Nature Conservancy Community Resiliency Workshop Findings. This document stems from the work that was previously completed by The Nature Conservancy and community stakeholders. The Committee will be using the findings to create an action plan for their 2023 priorities. The Committee will be studying the document and returning for the August Committee meeting to begin working on action plans.

Travis Air Force Base (TAFB) Civic Leaders Breakfast (July 27, 2023) • Attended the TAFB Civic Leaders Breakfast to attain TAFB updates which include:
o Resiliency Table Tops were completed with TAFB leaders and staff from surrounding cities (including Suisun City)
o School Districts have been supporting TAFB families with school registrations by being on- site on rotating days to help register students, including the Fairfield-Suisun Unified School Dstrict.
o A Community Champions Program is coming soon and more information will be available on how people can volunteer to support program.
• Mayor provided Suisun City updates regarding new housing developments including the The Lawler Apartments and a discounted military rate for 2023. Also provided updates regarding a new childcare facility that had a recent ribbon cutting. Provided information on how TAFB families could access services.

NSCAR Salute to Local Government (July 27, 2023)
• Attended the Northern Solano County Association of Realtors Salute to Local Government event. In attendance were Mayor Hernandez, Councilmember Dawson, and Councilmember Pal. • Was able to share with realtors information regarding Suisun City housing development. • NSCAR shared the following information for June 2023:
o Suisun City active listings were 22.
o Home sales were 16.
o The median price was $560K.
o Median days on the market were 43.
o Sales to list price % were 100.6%
o % of active listings with reduced prices were 40.9%

Travis Air Force Base KC-46 Arrival Ceremony (July 28, 2023) • Attended the TAFB KC-46 Pegasus Arrival Ceremony representing Suisun City. • The KC-46 Pegasus is the new era of aerial refueling to the TAFB fleet. • To date, Travis Air Force Base has executed 23 major military construction projects and multiple alterations to preexisting facilities to assure the successful integration of the KC-46 tankers assigned to Travis.
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SUISUN CITY INFORMATIONAL REPORT, Page 4 of 4
• The KC-46 enhances TAFB’s ability to provide rapid global mobility to combatant commanders, fellow military services and allies and partners around the world.

Suisun Farmers Market Red Ribbon Cutting (July 29, 2023) • The official Red Ribbon cutting for the Suisun City Farmers Market took place on the Sheldon Plaza.
• The official ceremony including members of the Fairfield-Suisun Chamber of Commerce, community members, and distinguished guests including Assemblymember Wilson, Mayor Hernandez, Vice Mayor Washington, Councilmember Dawson, Councilmember Pal, Councilmember Osum and various commissioners and committee members. • The Fairfield-Suisun Chamber of Commerce will be hosting the farmers market every Saturday from 9am -1pm through October.

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