Agenda packet — Suisun City City Council, August 8, 2023 (part 1 of 2)

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

CITY COUNCIL MEETING

A G E N D A

REGULAR MEETING OF THE SUISUN CITY COUNCIL,

SUISUN CITY COUNCIL ACTING AS SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY OF THE CITY OF SUISUN CITY,

AND HOUSING AUTHORITY

TUESDAY, AUGUST
8, 2023
6:30 PM

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

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

Mayor Pro Tem Princess Washington: Manchester Grand Hyatt Hotel, 1 Market Pl, San Diego, CA 92101

CITY COUNCIL MEETINGS ARE HELD IN-PERSON

PUBLIC PARTICIPATION IS ALSO AVAILABLE VIA ZOOM
ZOOM MEETING INFORMATION:

WEBSITE: https://zoom.us/join
MEETING ID:

875 1189 9835

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 – 110)
Next Suisun City Council Acting as Successor Agency Res. No. SA2023 - 06) (Next Housing Authority Res. No. HA2023 – 02)

ROLL CALL
Council /Board Members
Pledge of Allegiance
Invocation

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

2 Appointment of Voting Delegate and Alternate(s) for the League of California Cities 2023 Annual Conference - (Hernandez: [email protected]).

3 Council/Board Member Updates.

City Council

4 Council Adoption of Resolution No. 2023-___: Authorizing the City Manager to Enter into a Construction Contract on the City’s Behalf with Quimu Contracting, Inc. for the Sidewalk Gap Closure Project - (Vue: [email protected]).

5 Council Adoption of Resolution No. 2023-___: Amending Citywide Beautification Advisory Committee - (Vue: [email protected]).

6 Council Adoption of Ordinance No. 801: Adopting the 2022 California Building Standards Code (Suisun City Municipal Code Title 15 Building and Construction) - (Bermudez:
[email protected]).

7 Council Adoption of Ordinance No. 802: Amending City Ordinance Chapter 12.12 Park and Recreation Facilities to the Suisun City Municipal Code - (Lofthus: [email protected]).

8 Council Adoption of Resolution No. 2023-__: Authorizing the City Manager to Enter into a Contract on the City’s Behalf with Melton Design Group for Professional Design and Project Management Services for the Montebello Vista Park Revitalization Project and authorizing the City Manager to approve change orders up to 10% of the original contract amount - (Lofthus: [email protected]).

CONFLICT OF INTEREST NOTIFICATION
(Any items on this agenda that might be a conflict of interest to any Councilmembers / Boardmembers should be identified at this time.)

REPORTS (Informational items only.)

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

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

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

COUNCIL COMMENTS

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

2 9
Council Adoption of Resolution No. 2023-___: Authorizing the Mayor to Sign a Letter of Support for the City of Benicia’s Desire to have the State Legislature Pass Special Legislation to Increase the Statutory Sales Tax Limit in Solano County from 9.25% to 9.75% - (Folsom:
[email protected]).

10 Council Adoption of Resolution 2023-__: Approving the Amended and Restated Memorandum of Understanding (MOU) with the Suisun City Police Officers’ Association (SCPOA) and Authorizing the City Manager to Execute It on Behalf of the City - (Penland:
[email protected]).

11 Council Adoption of Resolution No. 2023-__: Approving the Memorandum of Understanding (MOU) with the Suisun City Professional Firefighters’ Association (SCPFA) and Authorizing the City Manager to execute it on Behalf of the City - (Penland:
[email protected]).

12 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) - (Penland:
[email protected]).

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

13 Council/Agency/Authority Approval of the Minutes of the Regular and/or Special Meetings of the Suisun City Council, Suisun City Council Acting as Successor Agency, and Housing Authority held on July 25, 2023 – (Skinner: [email protected]).

Joint City Council / Suisun City Council Acting as Successor Agency

14 Council/Agency Approval of June 2023 Payroll Warrants in the Amount of $942,194.91 and Council/Agency Approval of the June 2023 Accounts Payable Warrants in the Amount of $1,375,822.33 - (Finance).

City Council

15 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: - (Vue: [email protected])

a
.

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.

16 Public Hearing and Other Proceedings Related to Annexation No. 17 to Community Facilities District No. 2 (Municipal Services), for the Tractor Supply Co. Project: - (Vue:
[email protected])

PUBLIC HEARING

3 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.

City Council

17 Discussion and Direction on Recreation, Parks, Marina, and Arts (RPMA) Commission Event - (Lofthus: [email protected]).

18 Discussion and Direction Regarding City Attorney Services - (Folsom:
[email protected]).

19 Mayoral Update - (Hernandez: [email protected]).

20 Non-Discussion Items.

GENERAL BUSINESS

REPORTS: (Informational items only)

ADJOURNMENT

Public Access To Agenda Documents
A complete packet of information containing staff reports and exhibits related to each item for the open session of this meeting, and provided to the City Council, are available for public review at least 72 hours prior to a Council /Agency/Authority Meeting at Suisun City Hall 701 Civic Center Blvd., Suisun City. Agenda related writings or documents provided to a majority of the Council/Board/Commissioners less than 72 hours prior to a Council/Agency/Authority meeting related to an agenda item for the open session of this meeting will be made available for public inspection during normal business hours. An agenda packet is also located at the entrance to the Council Chambers during the meeting for public review. The city may charge photocopying charges for requested copies of such documents. To the extent feasible, the agenda packet is available for online public viewing on the City’s website: https://www.suisun.com/Government/City-Council/Agendas

The City Council/Agency/Authority hopes to conclude its public business by 10:00 p.m. No new items will be taken up after 10:00 p.m., unless so moved by a majority of the City Council, and any items remaining will be agendized for the next meeting. The agendas have been prepared with the hope that all items scheduled will be discussed within the time allowed.

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

Please note that for accommodations that are not readily available, you must make your request as soon as you can prior to the time of the meeting.
4 Decorum
All participants are expected to conduct themselves with mutual respect. Conduct that disrupts meetings will be addressed in accordance with Section 54957.95 of the Government Code.

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

Certification Of Posting
Agendas for regular and special meetings are posted in accordance with the Brown Act at Suisun City Hall, 701 Civic Center Boulevard, Suisun City, CA. Agendas may be posted at other Suisun City locations including:

Suisun City Fire Station, 621 Pintail Drive, Suisun City, CA; Joe Nelson Center, 611 Village Drive, Suisun City, CA;
Harbor Master Office, 800 Kellogg Street, Suisun City, CA.

I, Donna Pock, Deputy City Clerk for the City of Suisun City, declare under penalty of perjury that the above agenda was posted and available for review, in compliance with the Brown Act. 5 THIS PAGE INTENTIONALLY LEFT BLANK
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12 AGENDA ITEM NO. 4

AGENDA TRANSMITTAL

MEETING DATE:

August
8, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-___: Authorizing the City Manager to Enter into a Construction Contract on the City’s Behalf with Quimu Contracting, Inc. for the Sidewalk Gap Closure Project.

FISCAL IMPACT:

The construction of the Sidewalk Gap Closure Project (Project) would have no fiscal impact on the General Fund. The Project is being funded by Transportation Fund for Clean Air (TFCA) funding in the amount of $95,000. These funds have no match requirement. TFCA funding is part of Solano County’s funding allocation from the Bay Area Air Quality Management District (BAAQMD) monies for clean air projects. Solano Transportation Authority (STA) determines what projects will receive these funds and then distributes the funds to awarded agencies within Solano County.

STRATEGIC PLAN:

Provide Good Governance and Enhance the Environment.

BACKGROUND:

Suisun City was selected by STA to receive TFCA funds for this Safe Routes to School Project (SR2S). The new Project is a SR2S project for Crystal Middle School and it is also a Safe Routes to Transit (SR2T) Project as it will also serve the Suisun City Train Depot. The Project will fill in the gap in the sidewalk system around the parcel located at the southeast corner of Marina Boulevard and Buena Vista Drive. Affordable apartments (Marina Village Apartments) are currently being constructed on this parcel. The City has conditioned the apartment project to construct one-half of the 10-foot-wide sidewalk planned along the apartment project frontage areas and the City will construct the other half. The Project is located specifically along the south side of Buena Vista Avenue from a point approximately 100 feet west of Rio Verde to Marina Boulevard, as well as along the east side of Marina Boulevard from Buena Vista Avenue to a point approximately 320 feet south of Buena Vista Avenue.

STAFF REPORT:

The construction bid documents for the Project were advertised in the Daily Republic newspaper on the following days: a) July 5, 2023, and b) July 12, 2023.

Bids were due on July 27, 2023, at 2:00 PM. Six (6) bids were received and read aloud immediately following the submittal deadline.

The Engineer’s Cost Estimate for the Project is $86,000. The six (6) received bids are as follows:

Quimu Contracting, Inc. . . . . . . . . .. . . . $74,900 Villalobos & Associates . . . . . . . . . . . . . $75,750 Nor-Cal Concrete . . . . . . . . . . . . . . . . . . $77,300 FBD Vanguard Construction, Inc. . . . . . $79,718
MCE Corporation . . . . . . . . . . . . . . . . . . $88,000 Kerex Engineering . . . . . . . . . . . . . . . . . $98,000

The bid submitted by Quimu Contracting, Inc. represents the lowest bid received for the Project and 13 was determined by staff to be a responsive bid.

The TFCA allocation of $95,000 will be enough to cover the construction contract for this Project without any need for City funds; therefore, staff recommends awarding the construction contract in the amount of $74,900 to Quimu Contracting, Inc. including a contingency in the amount of the remaining balance of $20,100 in the construction budget towards in-house inspections, in-house construction management, and addressing unforeseen items

STAFF RECOMMENDATION:

Adopt Resolution No. 2023-___: Authorizing the City Manager to Enter into a Construction Contract on the City’s Behalf with Quimu Contracting, Inc. for the Sidewalk Gap Closure Project.

DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-__: Authorizing the City Manager to Enter into a Construction Contract on the City’s Behalf with Quimu Contracting, Inc. for the Sidewalk Gap Closure Project. 2 .

Sidewalk Gap Closure Project Construction Agreement
3 .

Project Location Map.

PREPARED BY:

Nick Lozano, Sr. Associate Engineer
REVIEWED BY:

Nouae Vue, Public Works Director
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:

1. Resolution Authorizing City Manager to Enter into Contruction Contract with Quimu Contracting Inc for the Sidewalk Gap Closure Project.pdf

2. Sidewalk Gap Closure Project Construction Agreement.pdf

3. Sidewalk Gap Closure Project Location Map.pdf
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28 RESOLUTION NO. 2023-

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSTRUCTION CONTRACT ON THE CITY’S BEHALF WITH QUIMU CONTRACTING, INC. FOR

THE SIDEWALK GAP CLOSURE PROJECT

WHEREAS, the Cit y’s Sidewalk Gap Closure Project (Project) has been awarded Transportation Fund for Clean Air (TFCA) funding in the amount of $95,000 for construction; and
WHEREAS, the TFCA funding awarded to the Project is part of Solano County’s funding allocation from the Bay Area Air Quality Management District (BAAQMD) funds for clean air projects which is distributed by the Solano Transportation Authority (STA); and WHEREAS, the funding allocation covers construction of the Project, including City staff charges and other associated construction costs, and the TFCA funding does not require matching funds; and
WHEREAS, the Project will fill in the gap in the sidewalk system around the parcel located at the southeast corner of Marina Boulevard and Buena Vista Drive, s pecifically along the south side of Buena Vista Avenue from a point approximately 100 feet west of Rio Verde to Marina Boulevard, as well as along the east side of Marina Boulevard from Buena Vista Avenue to a point approximately 320 feet south of Buena Vista Avenue; and WHEREAS, the construction bid documents for the Project were advertised on July 5, 2023 and July 12, 2023; and
WHEREAS, the City Public Works Department has reviewed the six received bids, and determined that Quimu Contracting, Inc. provided the lowest responsive bid of $74,900 for the Project.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Suisun City authorizes the City Manager to enter into a construction contract on behalf of the City with Quimu Contracting, Inc . for the Sidewalk Gap Closure Project in the amount of $74,900, including a contingency in the amount of the remaining balance of $20,100 in the construction budget towards in -house inspections, i n-house construction management, and addressing unforeseen items, and to take any and all necessary and appropriate actio ns to implement this contract.

PASSED AND ADOPTED at a Reg ular 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

15 AGREEMENT

THIS AGREEMENT, made and entered into this __________day of _________________, 2023, by and between the City of Suisun City, California, hereinafter called "City", and________________________ hereinafter called "Contractor".

WITNESSETH: That the parties hereto do mutually agree as follows:

ARTICLE I

For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said City said Contractor agrees with said City to perform, and complete in a workmanlike manner all work required under the City's Drawings and Specifications entitled:

Sidewalk Gap Closure Project

in accordance with the Specifications and Drawings therefore, to furnish at his own expense all labor, materials, equipment and services as may be stipulated in said Specifications to be furnished by said City, and to do everything required by this Agreement and the said Specifications.

ARTICLE II

For furnishing all said labor, materials, equipment, tools and services, installing sidewalk , and doing everything required by this Agreement and the said Specifications; also, for all losses and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may ari se during the prosecution of the work until its acceptance by said City, and for all risks of every description connected with the work; also, for all expenses resulting from the suspension or discontinuance of work, except as in the said Specifications are expressly stipulated to be borne by said City; and for completing the work in accordance with the requirements of said Drawings and Specifications as directed by the Engineer, said City will pay and said Contractor shall receive, in full compensation therefore, the price(s) named in the Proposal.

ARTICLE III

The City hereby employs said Contractor to perform the work according to the terms of this Agreement for price(s) named in the Proposal, and agrees to pay the same at the time, in the manner, and up on the conditions stipulated in the said Specifications; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained.

16 ARTICLE IV

The Notice to Contractors, Special Notice, Special Provisions Book, Bidder’s Book including the Proposal, and Information Required of Bidder, along with the Contract Documents and all addenda issued by the City with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made part of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written.

CITY OF SUISUN CITY, CALIFORNIA

By
(City Manager)

(SEAL)
(City Clerk)

CONTRACTOR

(Contractor)

By
(Signature)

(Title)

17 PROJECT LOCATION MAP
Sidewalk Gap Closure Project

PROJECT

LOCATION
18 AGENDA ITEM NO. 5

AGENDA TRANSMITTAL

MEETING DATE:

August
8, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-___: Amending the Citywide Beautification Advisory Committee.

FISCAL IMPACT:

There is no impact to the General Fund from this item. There are no fiscal impacts associated with updating.

STRATEGIC PLAN:

Provide Good Governance. Ensure Public Safety. Enhance Environment.

BACKGROUND:

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

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

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

Additional comments and suggestions were also received via email.

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

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

On April 18, 2023, Council formed a Citywide Beautification Community Advisory.

STAFF REPORT:

Since the formation of the Citywide Beautification Advisory Committee (Committee), the Mayor has requested the refinement of several items within Exhibit A. To that end, the following additions and/or updates have been made to Exhibit A:

ADDITION TO (B) – The Public Works Director or their designee shall also attend the Committee meetings.

UPDATE TO (B) – Public Works staff will create meeting agendas and will take meeting notes.

UPDATE to H-(a) – Updated wording relating to how Committee members will be appointed.

STAFF RECOMMENDATION:

19 It is recommended that the City Council adopt: Amending the Citywide Beautification Advisory Committee.

DOCUMENTS ATTACHED:
1 .

Resolution 2023-__: Amending the Citywide Beautification Advisory Committee. 2 .

Exhibit A – Redline.
3 .

Exhibit A – Clean.

PREPARED BY:

Amanda Dum, Management Analyst II
REVIEWED BY:

Nouae Vue, Public Works Director
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:

1. Resolution Amending the Citywide Beautification Advisory Committee.pdf

2. Exhibit A - Redline.pdf

3. Exhibit A - Clean.pdf
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28 RESOLUTION NO. 202 3-

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

AMENDING THE CITYWIDE BEAUTIFICATION ADVISORY COMMITTEE

WHEREAS, the Council has determined the formation of a new Citywide Beautification Advisory Committee (Committee) is in the best interest of the City and its residents , and this Committee was created by Council at the April 18, 2023 meeting; and WHEREAS, the Council’s purposes in establishing the new Citywide Beautificatio n Advisory Committee are their desire to foster a culture of civic engagement as part of Suisun City’s form of governance and their desire to improve the visual appearance of the City; and WHEREAS, Exhibit A was found to require minor updates and additions to ensure clarity on how the Committee will be formed and managed.

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Suisun Herbey approves amendments to the Advisory Committee as provided for in Exhibit A.

PASSED AND ADOPTED at a Regular Meeting of said City Council of the City of Suisun City duly held on Tuesday, the 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

21 Exhibit A
Citywide Beautification Advisory Committee

Purpose and Mission:

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

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

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

B. Committee shall appoint a member or members who Public Works staff will be responsible for 1) taking and maintain meeting notes and 2) creating meeting agendas. Public Works Director or their designee shall also attend the Beautification Committee meeting.

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

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

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

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

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

H. The Committee appointment shall be for two-years, expiring March 31 or every odd numbered year, and determined based on the specific Committee and confirmed by the full City Council.
22 a. Citywide Beautification Advisory Committee: Seven (7) member committee with each member appointed by a member of the Council, with the Mayor having two (2) appointments.
a. Citywide Beautification Advisory Committee: 7-Member board with each member appointed by a member of the Council, with the Mayor having two appointments.

The Chair and 7th member of the Committee will be a current City Council member appointed by the Mayor. The Vice Chair will be selected by vote of the members of the Committee annually.

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24 Exhibit A
Citywide Beautification Advisory Committee
Purpose and Mission:

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

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

B. Public Works staff will be responsible for 1) taking and maintain meeting notes and 2) creating meeting agendas. Public Works Director or their designee shall also attend the Beautification Committee meeting.

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

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

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

The Chair and 7th member of the Committee will be a current City Council member appointed by the Mayor. The Vice Chair will be selected by vote of the members of the Committee annually.

26 AGENDA ITEM NO. 6

AGENDA TRANSMITTAL

MEETING DATE:

August
8, 2023

CITY AGENDA ITEM:

Council Adoption of Ordinance No. 801: Adopting the 2022 California Building Standards Code (Suisun City Municipal Code Title 15 Building and Construction).

FISCAL IMPACT:

There is no fiscal impact associated with this item.

STRATEGIC PLAN:

Ensure Public Safety and Provide Good Governance.

BACKGROUND:

The building codes have now been republished as the 2022 edition. In the State process, certain model codes published by organizations such as the International Code Council, International Association of Plumbing and Mechanical Officials, National Fire Protection Association, etc., are reviewed and amended by the California Building Standards Commission (CBSC). The CBSC has completed this process and the body of codes known collectively as the 2022 California Building Standards Code has been published. It is appropriate, therefore, that the Suisun City Code be amended to update its references to the latest building and fire code editions. This is primarily a housekeeping measure to change titles and references in our City Code to correspond correctly to the new or revised sections in the CBSC.

At their regular meeting of July 18, 2023, the City Council introduced and waived reading of the subject ordinance by a vote of 4-0.

STAFF REPORT:

The Suisun City Code includes by reference the building codes and standards collectively known as the CBSC. This body of codes includes the building code, plumbing code, mechanical code, electrical code, fire code, and other supporting documents. Periodically the California Building Standards Commission publishes an updated edition of the CBSC. The 2022 Edition was published in July of 2022 and became effective in January 2023. The Suisun City Code will now be updated to reference the newest editions of the various codes and make other needed administrative changes.

If adopted, the subject ordinance would take effect in 30 days.

Staff has provided both a clean and "redlined" version of the ordinance as attachments to this staff report for reference.

STAFF RECOMMENDATION:

Adopt Ordinance No. 801: Adopting the 2022 California Building Standards Code (Suisun City Municipal Code Title 15 Building and Construction).

DOCUMENTS ATTACHED:

1 .

Building Code Ordinance
2 .

Building Code Ordinance Strikethrough

27 PREPARED BY:

John Kearns, Principal Planner
REVIEWED BY:

Jim Bermudez, Development Services Director
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:

1. Building Code Ordinance.pdf

2. Building Code Ordinance - Strikethrough.pdf
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28 ORDINANCE NO. 801

AN ORIDNANCE OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY ADOPTING THE 2022 CALIFORNIA BUILDING STANDARDS CODE (SUISUN CITY MUNICIPAL CODE TITLE 15 BUILDING AND CONSTRUCTION)

WHEREAS, the State Building Standards Commission adopted the 2022 California Building Standards Code, codified in Title 24 of the California Code of Regulations; and

WHEREAS, the City Council of the City of Suisun City (the “City”) wishes to update the rules and regulations governing building and construction in the City limits to reflect the new 2022 California Building Standards Code, California Code of Regulations Title 24 (“CBSC”); and

WHEREAS, the City would like to make certain amendments to the 2022 CBSC in order to address the health and safety issues of the City’s local climatic, geological or topographical conditions; and

WHEREAS, before making changes to the CBSC pursuant to Health and Safety Code Section 17958.5, Health and Safety Code Section 17958.7 requires the City to make express findings that such changes are reasonably necessary because of local climatic, geological or topographical conditions; and

The City Council of the City of Suisun City does ordain as follows:

SECTION 1. Findings. The City finds it is necessary to adopt local amendments to the following subcodes of the CBSC: Building Code, Mechanical Code, Electrical Code, Plumbing Code, Fire Code , Administrative Code , Energy Code, Green Building Standards Code, Historical Building Code, and Existing Building Code . These local amendments have been evaluated and recognized by the City as tools for addressing problems with building construction in the City of Suisun City, which are aimed at establishing and maintaining an environment that will afford the City a high level of fire and life safety to all those who work live and play within the City’s boundaries. The City finds as follows:

A. The City, pursuant to the authority granted it under California Health and Safety Code Sections The City Council hereby adopts pursuant to Sections 17958.5 and 18941.5 of the California Health and Safety Code, the following findings of fact: (a) Under this adopting ordinance, has determined that there is a need to establish specific amendment building standards that have been established which are more restrictive of nature than those adopted by the State of California (State Buildings Standards Code, State Housing & Community Development Codes) commonly referred to as and found in Title 24 & and Title 25 of the California Code of Regulations. These new building standards amendments have been determined and recognized by the City of Suisun City to address the problems, concerns, and future direction by which the City can establish and maintain an environment that will afford an appropriate level of fire and life safety to all who live and work within its boundary. 29 1
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28 B. Under the provisions of Sections 17958.5 and 18941.5 of the Health and Safety Code, the amendment of state building standards at the local level must be reasonably necessary due to local amendments are based on local climatic, topographical, and/or geological conditions and the City must make express findings in this regard. The Council has determined that the following findings of fact contained here in address each of these situations and present the local climatic, topographical, and/or geological conditions, situation, which either singularly or in combination, that have caused the aforementioned amendments to be adopted:

1. CLIMATIC

a. The City of Suisun City the Suisun City area has extreme variations in weather patterns: wind, summers are arid and hot, winters are cool to freezing, and fall and spring can bring any combination of weather patterns together. As a result, the climate in the Suisun City area can ha ve a great influence on fire behavior and other major emergency events in the City.

Code Section Local Condition:

Building Code Sections 903.2,
905.3.1, 1505.1,1511.1, Fire
Code Sections 903.2 and 905.3.1
California Residential Code
Section R902.1 and R908.1
(SCMC § 15.04.190)
1a

SECTION 2. Suisun City Municipal Code Amendment – Chapter 15.04. Chapter 15.04 of the Suisun City Municipal Code “Permits – Uniform Codes” is hereby amended as follows:

15.04.010 Purpose.

This chapter is enacted for the purpose of adopting rules and regulations pursuant to the State Housing Law and the Health and Safety Code, for the protection of the public health, safety and general welfare of the occupant and the public governing the creation, construction, enlargement, conversion, alteration, repair, moving, removal, demolition, occupancy, use, height, court area, sanitation, ventilation and maintenance of any building used for human habitation; provided, however, that nothing in the codes adopted in this chapter shall be construed to prevent any person from performing his own building, mechanical, plumbing or electrical work when performed with the permits in compliance with this chapter.

15.04.020 Definitions.

Whenever any of the following names or terms are used in this chapter or in any of the codes adopted by reference by this chapter, unless the context directs otherwise, such names or terms so used shall have the meaning ascribed thereto by this section:
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28 A. “Board of appeals,” “housing advisory and appeals board” and any other reference to the appellate body, mean the Board of Appeals for the City of Suisun City made up of five (5) Building Official members of the Napa-Solano Chapter of the International Code Council (NSICC) chosen on a case by case basis. The NSICC, an organization of Building Officials, Building Inspectors, and Construction Industry personnel, was formed in 1978 to help maintain consistent and uniform code enforcement and code interpretation within the jurisdictions of Napa and Solano counties. Building Officials from jurisdictions within Napa and Solano counties and neighboring counties are members of the NSICC. Building Official members of the NSICC are well versed in the technical and administrative provisions of construction codes.

B. The “Accessibility Appeals Board” shall mean the Board of Appeals for the City of Suisun City plus an additional two members having demonstrated experience dealing with accessibility standards and their applications, appointed on a case by case basis.

C. All decisions by the Board of Appeals and by the Accessibility Appeals Board shall be submitted in writing to the City Council for final review. All actions found by the City Council to be based on incomplete or inadequate analysis shall be referred back to the appropriate board for further deliberations.

D. “Building official,” “plumbing official,” “chief,” “electrical inspector,” “fire code official,” “administrative authority” and similar referen ces to a chief administrative position mean the Chief Building Official of the city of Suisun City; provided, however, that:

1. Where such terms are used in connection with those duties imposed by statute or ordinance upon the county health officer the ter ms shall include the county health officer;

2. For the purpose of implementing the Uniform Code for the Abatement of Dangerous Buildings the term “authorized representative” of the “building official” shall refer to and include the director of environmental health and such personnel of the Solano County department of environmental health as he may designate.

E. “Building department,” “electrical department,” “plumbing department,” “department of fire prevention”, “office of administrative authority” or “housing department” means the building department of the city.

F. “City clerk” means the ex officio clerk of the city council.

G. “City council” or “mayor” means the governing elected officials of the city of Suisun City.

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28 H. “Fire chief” means the chief of the fire department of the city wherein a particular building is or is to be located, or, for any area not within the city limits, the same shall mean the county fire warden designated by the board of supervisors.

I. “Safety assessment” is a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy.

15.04.030 Uniform codes adopted.

Subject to the modifications and amendments contained in this chapter, the following primary and secondary codes are adopted and incorporated into the codes of the city by reference and as having the same legal effect as if their respective contents were set forth in this chapter and which may be amended and/or corrected from time to time:

A. T he 2022 California Building Code (CBC) which references the International Building Code 2021 Edition as published by the International Code Council, Inc, and state amendments.

B. The Uniform Housing Code, 1997 Edition, as published by the International Code Council, is adopted by reference as the housing code of the city.

C. The 2022 California Plumbing Code which references the Uniform Plumbing Code, 2021 Edition, together with the appendices thereto, and state amendments as published by the International Association of Plumbing and Mechanical Officials is adopted by reference as the plumbing code of the city.

D. The 2022 California Electric Code which references the National Electrical Code, 2020 Edition, as published by the National Fire Protection Association and state amendments is adopted by reference as the electrical code of the city.

E. The 2022 California Mechanical Code which references the Uniform Mechanical Code, 2021 Edition, together with the appendices thereto, as published by the International Conference of Building Officials, and state amendments, is adopted by reference as the mechanical code of the city.

F. The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, as published by the International Code Council, is adopted by reference as the dangerous buildings code of the city, with Section 205 amended as follows: Section 205.1. In order to provide for final interpretation of provisions of this code and to hear appeals provided for hereunder, there is hereby established a Board of Appeals as defined in City Code Section 15.04.020. The Building Official shall be an ex officio member of and shall act as secretary to said Board. The Board shall adopt reasonable rules and regul ations for conducting its business and shall render all decisions and findings in writing to the appellant, with a copy to the Building Official. Appeals to the board shall be processed in accordance with the provisions contained in Section 501 of this code. Copies of all 32 1
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28 rules or regulations adopted by the Board shall be delivered to the Building Official, who shall make them freely accessible to the public.

G. The California Referenced Standards Code, 2022 Edition, together with appendices thereto, as published by the International Code Council, with state amendments, is adopted by reference as the building standards of the city.

I. The 2022 California Fire Code which references the International Fire Code, 2021 Edition as published by the International Code Council, is adopted by reference as the fire code of the city, together with the Administrative Chapters 1, 2, and Appendix B, Appendix C, Appendix D and Appendix E is adopted by reference as the fire code of the city.

J. The Uniform Administrative Code, 1997 edition, as published by the International Conference of Building Officials, is adopted by reference as the administrative code of the city.

K. The 2022 California Building Standards Administrative Code, as published by the California Building Standards Commission, is adopted by reference as the building standards administrative code of the city.

L. The 2022 California Residential Code with Appendices AH, AJ, AX (CRC), incorporating the 2021 edition of the International Residential Code, as published by the International Code Council, is adopted by reference as the residential code of the city.

M. The 2022 California Green Building Standards Code, as published by the California Building Standards Commission, is adopted by reference as the green building standards code of the city.

N. The 2022 California Existing Building Code, as published by the California Building Standards Commission, is adopted by reference as the existing building code of the city.

J. The 2022 California Historical Building Code, as published by the California Building Standards Commission, is adopted by reference as the historical building code of the city.

15.04.040 Copies of adopted codes.

The Building Official shall maintain at least one copy of each primary code adopted by reference, and each secondary code pertaining thereto, The Building Official shall maintain a least one copy of each primary code adopted by reference at the building inspection office for public inspection while this Ordinance is in force.

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28 15.04.050 Utility connections.

It is unlawful for any person, including utility companies, to connect electric power lines or liquefied petroleum gas or natural gas sources permanently to any building or structure for which a permit is required by this chapter until the final inspection has been made and the approval signed by the building inspector. This section shall not prohibit the erection and use of temporary power poles approved by the power company during the course of construction, when approved by the building official.

15.04.060 Encroachment or grading.

No building permit shall be issued for which an encroachment or grading permit is required, unless and until the requirements prerequisite to the encroachment or grading permit have been met.

15.04.070 Conformance of construction to law.

No building permit shall be issued unless and until the building official is satisfied that the construction authorized by the permit will not violate any existing law or ordinance.

15.04.075 Construction work hours.

It shall be the responsibility of anyone engaging in construction or demolition work to restrict the hours of work activity on the site as follows.

A. No construction equipment shall be operated nor any outdoor construction, non- residential projects or re pair work shall be permitted within 600 feet from any occupied residence except during the hours of 7:00 a.m. to 8:00 p.m., Monday through Friday, and 8:00 a.m. to 8:00 p.m., on Saturday and Sunday.

B. Construction work hours on residential projects shall be from 7:00 a.m. to 8:00 p.m.

C. A request for an exception to the permitted construction hours and days may be granted by the chief building inspector for emergency work, to offset project delays due to inclement weather, for 24 -hour construction proje cts, or other similar occurrences.

D. City projects determined by the director of public works to be emergencies shall be exempt from these provisions.

E. For construction work hours for earthwork, trenching, concrete or paving see Section

15.12.320.

F. Interior work which would not create noise or disturbance noticeable to a reasonable person of normal sensitivity in the surrounding neighborhood shall not be subject to these restrictions.

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28 15.04.080 Adoption or amendment procedure.

A. The building official shall review all codes newly adopted by the state pursuant to the State Housing Law, Section 17910 et seq. of the Health and Safety Code and shall:

1. Report such newly adopted codes to the city council and advise the board to schedule a hearing not less than ninety days from the date of report; and

2. Place copies of the codes to be considered by the board in the office of the city council, and in the building department for review by the general public.

B. The city council shall, upon the advice of the building official, schedule such public hearing to receive public testimony on the codes to be adopted by the board.

C. The clerk of the city council shall give notice of the time, place and subject matter of the public hearing scheduled on the matter by the council posting in three public places due to the fact that no newspaper is published or printed within the city limits.

D. The city council shall hold such public hearing at the date and time scheduled, and shall then adopt the code with amendments, if any.

15.04.090 Violations and penalties.

A. It is unlawful for any person, firm or corporation to erect, construct, enla rge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building, structure or building service equipment or cause or permit the same to be done in violation of this chapter.

B. Any person, firm, corporation or other entity which violates any of the provisions of this chapter including any of the codes adopted by reference, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specification of plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction shall be guilty of an infraction unless otherwise provided in this code.

C. Any person, firm, corporation or other entity which is guilty of an infraction under this chapter shall be punished by:

1. A fine not exceeding one hundred dollars for the first violation;

2. A fine not exceeding five hundred dollars for a second or subsequent conviction within one year.

Any failure to correct the condition for which the infraction is imposed within a period of seven days after the issuance of a citation, and for each seven-day period thereafter 35 1
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28 may be treated as a separate and additional violation subject to the same penalties set forth herein.

In addition to the penalties set forth above, any violation beyond the third conviction within a one -year period or any willful violation of this section which creates an immediate threat to the health, safety or welfare of the members of the public or the occupants of any structure in violation of this section may be charged as a misdemeanor punishable as provided in Chapter 1.08.

D. In addition to the penalties set forth herein, any person, firm, corporation or other entity guilty of a violation of this chapter shall be liable for such costs, expenses and disbursements paid or incurred by the city in correction, abatement and prosecution of the violation.

15.04.095 Enforcement.

A. Pursuant to Section 836.5 of the California Penal Code, the chief building official, any deputy or assistant building official, agent or other employee of the building department of Suisun City is authorized to enforce the provisions of this chapter and to arrest or issue citations to violators thereof.

B. The city manager shall have the power to designate by written order that particular officers and other individuals shall be authorized to enforce particular provisions of this chapter as described in subsection A of this section in addition to those persons set forth therein.

15.04.100 Building permit-business license required.

A. Any contractor or subcontractor who applies for permits to do work within the city limits of the city shall be denied permits if he does not possess current valid city business licenses.

B. Any permits issued in error to anyone not licensed by the city shall be revoked until such time as all fees are paid and licenses are valid.

15.04.110 Building permit-application-plans and specifications.

A. Applications are to be signed by the property owner or a duly licensed contractor, engineer or architect.

B. With each application for a building permit, and when required by the building official for enforcement of any provisions of this chapter, three sets of plans and specifications shall be submitted. The building official may require plans and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such.

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28 15.04.120 Building permit-professional designs required.

All structures or buildings classified in Occupancy Groups A, B, E, F, H, I, M, S and R- 1 shall be designed in accordance with the Building and Professional Codes of the state of California.

15.04.130 Building permit-term-retention of plans.

A. Permits for all occupancy groups shall be valid for two years from the date of their issuance provided that the time limits of starting work or work stoppage are met. The permit documents and plans or a retrievable document image of the permit documents and plans will be retained as a permanent record for the life of the structure.

15.04.140 Building permit fees.

Building permit fees shall be prescribed in the Master Fees Schedule except buildings shall be valued as determined by the Building Official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire -extinguishing systems and any other permanent equipment.

15.04.150 Fees for plan checking, inspections and/or related permits.

The city council shall establish a schedule of fees, as found in the master fee schedule, to be charged and collected for plan checking, inspection services performed, and for the issuance of permits. A copy of these fee schedules shall be kept in the office of the city clerk and shall be available for public inspection in all city offices where permits are issued.

15.04.160 CBC Section 111.1 amended and CRC Section R110.1 - Certificate of occupancy Required.

CBC Section 111.1 and CRC Section R110.1 shall be amended to add:

No building or structure shall be used or occupied
whole or in part without a certificate
of occupancy. Such a certificate shall not be issued until compliance with all city requirements has been met.

Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the juris diction shall not be valid.

Occupying or using a structure without this approval constitutes a public nuisance.

15.04.170 CBC Section 111.1 amended and CRC Section R110.1 - Certificate of Occupancy - Requirements.

CBC Section 111.1 and CRC Section R110.1 shall be amended to add:
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28 A certificate of occupancy shall not be issued until all applicable city ordinances, resolutions, regulations and the conditional use permit conditions have been complied with.

15.04.180 CBC Section 110.3.12 amended and CRC Section R109.1.6 Final inspection.

CBC Section 110.3.12 and CRC Section R109.1.6 shall be amended to read as follows:

Final Inspection: To be made after final grading and the building is completed and ready for occupancy. This shall mean all electrical, plumbing and mechanical complete and ready for occupancy, as well as all floor covering installed and painting completed, as well as any required exterior landscaping complete with house, sidewalks and streets cleaned.

15.04.190 California Building Code and California Residential Code amended roofing.

CBC Sections 1512.1 and CRC Section R902.1 and 908.1 are amended as follows:

CBC Sec. 1505.1 and CRC Section R902.1 is amended to add the following:

All materials applied as roof covering shall have a fire rating of class “B” or better.

CBC Sec. 1512.1 and CRC Section R908.1 Re-roofing, is amended to add the following:

All materials applied as roof covering for re-roofing shall have a fire rating of class “B” or better, when 50% or more of an existing roof is replaced within 1 year.

A.Section 903.2 is amended to read as follows:

903.2 Where required. Approved automatic sprinkler systems in new buildings and structures, in which the total floor area of all floors exceeds five thousand (5,000) square feet, shall be provided in the locations described in Section 903.2.1 through 903.2.12 and Sections 903.2.14 through 903.2.21.

B. Section 905.3.1 is amended to read as follows:

905.3.1 Height. In other than Group R-3 and R-3.1 occupancies, Class III standpipe systems be installed throughout at each floor where any of the following occur:

1. Buildings where the floor level of the highest story is located more than 30 feet (9144 mm) above the lowest level of fire department vehicle access.

2. Buildings that are three or more stories in height.

3. Buildings where the floor level of the lowest story is located more than 30 feet (9144 mm) below the highest level of fire department vehicle access. 38 1
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28 4. Buildings that are two or more stories below the highest level of fire department vehicle access.

Exceptions:

1. Class I standpipes are allowed in buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2.

2. Class I standpipes are allowed in Group B and E occupancies.

3. Class I standpipes are allowed in parking garages.

4. Class I standpipes are allowed in basements equipped throughout with an automatic sprinkler system.

5. Class I standpipes are allowed in buildings where occupant use hose lines will not be utilized by trained personnel or the fire department.

6. In determining the lowest level of fire department vehicle access, it shall not be required to consider either of the following:

6.1. Recessed loading docks for four vehicles or less.

6.2. Conditions where topography makes access from the fire department vehicle to the building impractical or impossible.

15.04.200 California Building Code amended - standard plans.

The following is added to CBC Section 107.1 and CRC R105.3.2:

Standard Plans: The Building Official may approve a set of plans for a building or structure as a “standard plan ,” provided the applicant has made proper application, submitted complete sets of plans, and paid the Plan Review Fee as required by CBC Section 109 and Uniform Administrative Code Section 304.3.

When it is desired to use an approved “standard plan” for an identical structure, two plot plans and one duplicate plan shall be submitted, and Plan Review Fee equal to one-half of the full Plan Review Fee required in Uniform Administrative Code Section 304.3 shall be paid at the time application is made for such identical structure. Such duplicate plans shall be compared, stamped, and kept on the job as required by CBC Section 107.5. In case of any deviation whatsoever from this standard plan, complete plans, together with a full Plan Review Fee, shall be submitted for the proposed work, as required by Section 107.3, 107.4 and 108 respectively.

Standard plans shall be valid for a period of one (1) year from the date of approval. This period may be extended by the Building Official when there is evidence that the plan may be used again.

15.04.220 Uniform Administrative Code Section 204 amended - new materials, appeals.

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28 Uniform Administrative Code Section 204 is changed to read:
(a) Appeals, New Materials, Processes, or Occupancies which may require permits. (b) The City Manager, the Building Official, the Fire Chief, and any other affected person shall act as a committee to determine suitability of alternative materials, processes or responsible interpretations of adopted codes. (c) When it is claimed that the provisions of any code adopted herein do not apply or that the true intent and meaning has been misconstrued or wrongly interpreted, the applicant may appeal the decision of the committee to the Board of Appeals within thirty (30) days after the committee’s written decision.

15.04.230
California Fire Code Section 307.1.1 Prohibited Open Burning

15.04.230 California Fire Code Amendments

The California Fire Code adopted by reference in Section 15.04.030 is amended, modified and revised as set forth in this chapter.

C. Section 307.1.1 is amended to read as follows:

307.1.1 Prohibited Open Burning Open burning is prohibited in the City of Suisun City. Any burning, open or otherwise, that constituted a nuisance which is injurious to health, or is indecent or offensive to the senses, or is offensive, or objectionable because of smoke emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited. The fire code official is authorized to order the extinguishment by the owner, occupant, responsible person, or the fire department of any burning that creates or adds to a hazardous or objectionable situation.

D.Section 903.2 is amended to read as follows:

E. Section 905.3.1 is amended to read as follows:

905.3.1 Height. In other than Group R-3 and R-3.1 occupancies, Class III standpipe systems be installed throughout at each floor where any of the following occur:

1. Buildings where the floor level of the highest story is located more than 30 feet (9144 mm) above the lowest level of fire department vehicle access.

2. Buildings that are three or more stories in height.

3. Buildings where the floor level of the lowest story is located more than 30 feet (9144 mm) below the highest level of fire department vehicle access. 40 1
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28 4. Buildings that are two or more stories below the highest level of fire department vehicle access.

Exceptions:

1. Class I standpipes are allowed in buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2.

2. Class I standpipes are allowed in Group B and E occupancies.

3. Class I standpipes are allowed in parking garages.

4. Class I standpipes are allowed in basements equipped throughout with an automatic sprinkler system.

5. Class I standpipes are allowed in buildings where occupant use hose lines will not be utilized by trained personnel or the fire department.

6. In determining the lowest level of fire department vehicle access, it shall not be required to consider either of the following:

6.1. Recessed loading docks for four vehicles or less.

6.2. Conditions where topography makes access from the fire department vehicle to the building impractical or impossible.

SECTION 3. Filing with the CBSC . A copy of this Ordinance and Suisun City Municipal Code Chapter 15.04 shall be filed with the California Building Standards Commission in accordance with Health and Safety Code Section 17958.7.

SECTION 4. Severability and Validity. If any section, subsection, paragraph or sentence of this Ordinance, or any part thereof, is for any reason found to be unconstitutional, invalid or beyond the authority of the City of Suisun City by a court of competent jurisdic tion, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance.

SECTION 5. Publication. In accordance with Section 36933 of the Government Code of the State of California, within 15 days after its adoption by the City Council, it shall be published once, together with the names of the Council Members voting thereon, in a newspaper of general circulation within the City. The approved ordinance shall be posted in three (3) public places within the City prescribed by ordinance within fifteen (15) days after its passage, there being no newspaper of general circulation printed and published within the City.

NOW, THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF SUISUN CITY does hereby make the following findings and approvals.

1. Finds the Project exempt from CEQA pursuant to State CEQA Guidelines Section 15061(b)(3) based upon the following finding: The Planning Commission determine that the Project has been adequately analyzed under the provisions of the California Environmental Quality Act (CEQA) and that no further review of the Project under CEQA is required or appropriate.
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28 AND, BE IT FURTHER RESOLVED , that the City Council adopts the 2022 California Building Standards Code (CBSC).

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Suisun City, California, on this 8th day of July 2023.

Alma Hernandez, Mayor
ATTEST:

Anita Skinner
City Clerk

APPROVED AS TO FORM
AND LEGAL CONTENT:

_______________________________
Aleshire & Wynder, LLP

CERTIFICATION
I, Anita Skinner, City Clerk of the City of Suisun City and ex-officio Clerk of the City Council of said City, do hereby certify that the above and foregoing ordinance was introduced at a regular meeting of the said City Council held on July 18, 2023, and passed and adopted at a regular meeting of said City Council held on August 8, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

ATTEST:

Alma Hernandez Anita Skinner
Mayor City Clerk

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28 ORDINANCE NO. 801

AN ORIDNANCE OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY ADOPTING THE 2022 CALIFORNIA BUILDING STANDARDS CODE (SUISUN CITY MUNICIPAL CODE TITLE 15 BUILDING AND CONSTRUCTION)

WHEREAS, the State Building Standards Commission adopted the 2022 California Building Standards Code, codified in Title 24 of the California Code of Regulations; and

WHEREAS, the City would like to make certain amendments to the 2022 CBSC in order to address the health and safety issues of the City’s local climatic, geological or topographical conditions; and

The City Council of the City of Suisun City does ordain as follows:

A. The City, pursuant to the authority granted it under California Health and Safety Code Sections The City Council hereby adopts pursuant to Sections 17958.5 and 18941.5 of the California Health and Safety Code, the following findings of fact: (a) Under this adopting ordinance, has determined that there is a need to establish specific amendment building standards that have been established which are more restrictive of nature than those adopted by the State of California (State Buildings Standards Code, State Housing & Community Development Codes) commonly referred to as and found in Title 24 & and Title 25 of the California Code of Regulations. These new building standards amendments have been determined and recognized by the City of Suisun City to address the problems, concerns, and future direction by which the City can establish and maintain an environment that will afford an appropriate level of fire and life safety to all who live and work within its boundary. 43 1
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28 B. Under the provisions of Sections 17958.5 and 18941.5 of the Health and Safety Code, the amendment of state building standards at the local level must be reasonably necessary due to local amendments are based on local climatic, topographical, and/or geological conditions and the City must make express findings in this regard. The Council has determined that the following findings of fact contained here in address each of these situations and present the local climatic, topographical, and/or geological conditions, situation, which either singularly or in combination, that have caused the aforementioned amendments to be adopted:

1. CLIMATIC

Code Section Local Condition:

Building Code Sections 1403.4,
903.2, 905.3.1, 1505.1, 1510.1,
1511.1, Fire Code Sections 903.2
and 905.3.1 California
Residential Code Section R902.1
and R908.1
(SCMC § 15.04.190)
1a

SECTION 2. Suisun City Municipal Code Amendment – Chapter 15.04. Chapter 15.04 of the Suisun City Municipal Code “Permits – Uniform Codes” is hereby amended as follows (deletions in strikethrough; additions in underlined):

15.04.010 Purpose.

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28 15.04.020 Definitions.

A. “Board of appeals,” “housing advisory and appeals board” and any other reference to the appellate body, mean the Board of Appeals for the City of Suisun City made up of five (5) Building Official members of the Napa -Solano Chapter of the International Code Council (NSICC) chosen on a case by case basis. The NSICC, an organization of Building Officials, Building Inspectors, and Construction Industry personnel, was formed in 1978 to help maintain consistent and uniform code enforcement and code interpretation within the jurisdictions of Napa and Solano counties. Building Officials from jurisdictions within Napa and Solano counties and neighboring counties are members of the NSICC. Building Official members of the NSICC are well versed in the technical and administrative provisions of construction codes.

1. Where such terms are used in connection with those duties imposed by statute or ordinance upon the county health officer the ter ms shall include the county health officer;

F. “City clerk” means the ex officio clerk of the city council.

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28 G. “City council” or “mayor” means the governing elected officials of the city of Suisun City.

H. “Fire chief” means the chief of the fire department of the city wherein a particular building is or is to be located, or, for any area not within the city limits, the same shall mean the county fire warden designated by the board of supervisors.

I. “Safety assessment” is a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy.

15.04.030 Uniform codes adopted.

A. The 2019 2022 California Building Code (CBC) which references the International Building Code 2018 2021 Edition as published by the International Code Council, Inc, and state amendments.

B. The Uniform Housing Code, 1997 Edition, as published by the International Code Council, is adopted by reference as the housing code of the city.

C. The 2019 2022 California Plumbing Code which references the Uniform Plumbing Code, 2018 2021 Edition, together with the appendices thereto, and state amendments as published by the International Association of Plumbing and Mechanical Officials is adopted by reference as the plumbing code of the city.

D. The 2019 2022 California Electric Code which references the National Electrical Code, 2017 2020 Edition, as published by the National Fire Protection Association and state amendments is adopted by reference as the electrical code of the city.

E. The 2019 2022 California Mechanical Code which references the Uniform Mechanical Code, 2018 2021 Edition, together with the appendices thereto, as published by the International Conference of Building Officials, and state amendments, is adopted by reference as the mechanical code of the city.

F. The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, as published by the International Code Council, is adopted by reference as the dangerous buildings code of the city, with Section 205 amended as follows: Section 205.1. In order to provide for final interpretation of provisions of this code and to hear appeals provided for hereunder, there is hereby established a Board of Appeals as defined in City Code Section 15.04.020. The Building Official shall be an ex officio member of and shall act as secretary to said Board. The Board shall adopt reaso nable rules and regulations for conducting its business and shall render all decisions and findings in writing to the 46 1
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28 appellant, with a copy to the Building Official. Appeals to the board shall be processed in accordance with the provisions contained in Se ction 501 of this code. Copies of all rules or regulations adopted by the Board shall be delivered to the Building Official, who shall make them freely accessible to the public.

G. The California Referenced Standards Code, 2019 2022 Edition, together with appendices thereto, as published by the International Code Council, with state amendments, is adopted by reference as the building standards of the city.

I. The 2019 2022 California Fire Code which references the International Fire Code, 2019 2021 Edition as published by the International Code Council, with errata, including appendices, with state amendments, is adopted by reference as the fire code of the city, together with the Administrative Chapters 1, 2, and Appendix B, Appendix C, Appendix D and Appendix E is adopted by reference as the fire code of the city.

J. The Uniform Administrative Code, 1997 edition, as published by the International Conference of Building Officials, is adopted by reference as the administrative code of the city.

K. The 2019 2022 California Building Standards Administrative Code, as published by the California Building Standards Commission, is adopted by reference as the building standards administrative code of the city.

L. The 2019 2022 California Residential Code with Appendices H,J AH, AJ, AX (CRC), incorporating the 2018 2021 edition of the Uniform International Residential Code, as published by the International Code Council, is adopted by reference as the residential code of the city.

M. The 2019 2022 California Green Building Standards Code, as published by the California Building Standards Commission, is adopted by reference as the green building standards code of the city.

N. The 2019 2022 California Existing Building Code, as published by the California Building Standards Commission, is adopted by reference as the green existing building standards code of the city.

J. The 2022 California Historical Building Code, as published by the California Building Standards Commission, is adopted by reference as the historical building code of the city.

15.04.040 Copies of adopted codes.

15.04.060 Encroachment or grading.

No building permit shall be issued for which an encroachment or grading permit is required, unless and until the requirements prerequisite to the encroachment or grading permit have been met.

15.04.070 Conformance of construction to law.

No building permit shall be issued unless and until the building official is satisfied that the construction authorized by the permit will not violate any existing law or ordinance.

15.04.075 Construction work hours.

It shall be the responsibility of anyone engaging in construction or demolition work to restrict the hours of work activity on the site as follows.

B. Construction work hours on residential projects shall be from 7:00 a.m. to 8:00 p.m.

D. City projects determined by the director of public works to be emergencies shall be exempt from these provisions.

E. For construction work hours for earthwork, trenching, concrete or paving see Section

15.12.320.

F. Interior work which would not create noise or disturbance noticeable to a reasonable person of normal sensitivity in the surrounding neighborhood shall not be subject to these restrictions.

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28 15.04.080 Adoption or amendment procedure.

A. The building official shall review all codes newly adopted by the state pursuant to the State Housing Law, Section 17910 et seq. of the Health and Safety Code and shall:

1. Report such newly adopted codes to the city council and advise the board to schedule a hearing not less than ninety days from the date of report; and

2. Place copies of the codes to be considered by the board in the office of the city council, and in the building department for review by the general public.

B. The city council shall, upon the advice of the building official, schedule such public hearing to receive public testimony on the codes to be adopted by the board.

D. The city council shall hold such public hearing at the date and time scheduled, and shall then adopt the code with amendments, if any.

15.04.090 Violations and penalties.

A. It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building, structure or building service equipment or cause or permit the same to be done in violation of this chapter.

B. Any person, firm, corporation or other entity which violates any of the provisions of this chapter including any of the codes adopted by reference, or who violates or fails to comply with any order made thereunder, or who builds in violation of any de tailed statement of specification of plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction shall be guilty of an infraction unless otherwise provided in this code.

C. Any person, firm, corporation or other entity which is guilty of an infraction under this chapter shall be punished by:

1. A fine not exceedi ng one hundred dollars for the first violation;

2. A fine not exceeding five hundred dollars for a second or subsequent conviction within one year.

Any failure to correct the condition for which the infraction is imposed within a period of seven days after the issuance of a citation, and for each seven -day period thereafter 49 1
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In addition to the penalties set forth above, any violation beyond the third convi ction within a one -year period or any willful violation of this section which creates an immediate threat to the health, safety or welfare of the members of the public or the occupants of any structure in violation of this section may be charged as a misdemeanor punishable as provided in Chapter 1.08.

15.04.095 Enforcement.

15.04.100 Building permit-business license required.

A. Any contractor or subcontractor who applies for permits to do work within the city limits of the city shall be denied permits if he does not possess current valid city business licenses.

B. Any permits issued in error to anyone not licensed by the city shall be revoked until such time as all fees are paid and licenses are valid.

15.04.110 Building permit-application-plans and specifications.

A. Applications are to be signed by the property owner or a duly licensed contractor, engineer or architect.

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28 15.04.120 Building permit-professional designs required.

All structures or buildings classified in Occupancy Groups A, B, E, F, H, I, M, S and R- 1 shall be designed in accordance with the Building and Professional Codes of the state of California.

15.04.130 Building permit-term-retention of plans.

15.04.140 Building permit fees.

15.04.150 Fees for plan checking, inspections and/or related permits.

15.04.160 CBC Section 111.1 amended and CRC Section R110.1 - Certificate of occupancy Required.

CBC Section 111.1 and CRC Section R110.1 shall be amended to add:

Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid.

Occupying or using a structure without this approval constitutes a public nuisance.

15.04.170 CBC Section 111.1 amended and CRC Section R110.1 - Certificate of Occupancy - Requirements.

CBC Section 111.1 and CRC Section R110.1 shall be amended to add:
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28 A certificate of occupancy shall not be issued until all applicable city ordinances, resolutions, regulations and the conditional use permit conditions have been complied with.

15.04.180 CBC Section 110.3.12 amended and CRC Section R109.2-R109.1.6 Final inspection.

CBC Section 110.3.12 and CRC Section R109.2 R109.1.6 shall be amended to read as follows:

Final Inspection: To be made after final grading and the building is completed and ready for occupancy. This shall mean all electrical, plumbing and mechanical complete and ready for occupancy, as well as all floor covering installed and painting completed , as well as any required exterior landscaping complete with house, sidewalks and streets cleaned.

15.04.190 California Building Code and California Residential Code amended roofing.

CBC Sections 1511.1 1512.1 and CRC Section R902.1 and R902.8 908.1 are amended as follows:

CBC Sec. 1505.1 and CRC Section R902.1 is amended to add the following:

All materials applied as roof covering shall have a fire rating of class “B” or better.

CBC Sec. 1511.1 1512.1 and CRC Section1 R908.1 Re-roofing, is amended to add the following:

All materials applied as roof covering for re-roofing shall have a fire rating of class “B” or better, when 50% or more of an existing roof is replaced within 1 year.

A.Section 903.2 is amended to read as follows:

B. Section 905.3.1 is amended to read as follows:

905.3.1 Height. In other than Group R-3 and R-3.1 occupancies, Class III standpipe systems be installed throughout at each floor where any of the following occur:

1. Buildings where the floor level of the highest story is located more than 30 feet (9144 mm) above the lowest level of fire department vehicle access.

2. Buildings that are three or more stories in height.
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28 3. Buildings where the floor level of the lowest story is located more than 30 feet (9144 mm) below the highest level of fire department vehicle access.

4. Buildings that are two or more stories below the highest level of fire department vehicle access.

Exceptions:

1. Class I standpipes are allowed in buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2.

2. Class I standpipes are allowed in Group B and E occupancies.

3. Class I standpipes are allowed in parking garages.

4. Class I standpipes are allowed in basements equipped throughout with an automatic sprinkler system.

5. Class I standpipes are allowed in buildings where occupant use hose lines will not be utilized by trained personnel or the fire department.

6. In determining the lowest level of fire department vehicle access, it shall not be required to consider either of the following:

6.1. Recessed loading docks for four vehicles or less.

6.2. Conditions where topography makes access from the fire department vehicle to the building impractical or impossible.

15.04.200 California Building Code amended - standard plans.

The following is added to CBC Section 107.1 and CRC Appendix AE302.2 R105.3.2:

Standard plans shall be valid for a period of one (1) year from the date of approval. This period may be extended by the Building Official when there is evidence that the plan may be used again.

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28 15.04.220 Uniform Administrative Code Section 204 amended - new materials, appeals.

Uniform Administrative Code Section 204 is changed to read:
(a) Appeals, New Materials, Processes, or Occupancies which may require permits. (b) The C ity Manager, the Building Official, the Fire Chief, and any other affected person shall act as a committee to determine suitability of alternative materials, processes or responsible interpretations of adopted codes. (c) When it is claimed that the provisions of any code adopted herein do not apply or that the true intent and meaning has been misconstrued or wrongly interpreted, the applicant may appeal the decision of the committee to the Board of Appeals within thirty (30) days after the committee’s written decision.

15.04.230
Uniform California Fire Code Section 307.1.1 Prohibited Open Burning

15.04.230 California Fire Code Amendments

The California Fire Code adopted by reference in Section 15.04.030 is amended, modified and revised as set forth in this chapter.

C. Section 307.1.1 is amended to read as follows:

307.1.1 Prohibited Open Burning Open burning is prohibited in the City of Suisun City. Any burning, open or otherwise, that constituted a nuisance which is injurious to health, or is indecent or offensive to the senses, or is offensive, or objectionable because of smoke emissions or when atmospheric conditions or local circumsta nces make such fires hazardous shall be prohibited. The fire code official is authorized to order the extinguishment by the owner, occupant, responsible person, or the fire department of any burning that creates or adds to a hazardous or objectionable situation.

D.Section 903.2 is amended to read as follows:

903.2 Where required. Approved automatic sprinkler systems in new buildings and structures, in which the total floor area of all floors exceeds five thousand (5,000) square feet, shall be provided in t he locations described in Section 903.2.1 through 903.2.12 and Sections 903.2.14 through 903.2.21.

E. Section 905.3.1 is amended to read as follows:

905.3.1 Height. In other than Group R-3 and R-3.1 occupancies, Class III standpipe systems be installed throughout at each floor where any of the following occur:

1. Buildings where the floor level of the highest story is located more than 30 feet (9144 mm) above the lowest level of fire department vehicle access.

2. Buildings that are three or more stories in height.
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28 3. Buildings where the floor level of the lowest story is located more than 30 feet (9144 mm) below the highest level of fire department vehicle access.

4. Buildings that are two or more stories below the highest level of fire department vehicle access.

Exceptions:

1. Class I standpipes are allowed in buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2.

2. Class I standpipes are allowed in Group B and E occupancies.

3. Class I standpipes are allowed in parking garages.

4. Class I standpipes are allowed in basements equipped throughout with an automatic sprinkler system.

5. Class I standpipes are allowed in buildings where occupant use hose lines will not be utilized by trained personnel or the fire department.

6. In determining the lowest level of fire department vehicle access, it shall not be required to consider either of the following:

6.1. Recessed loading docks for four vehicles or less.

6.2. Conditions where topography makes access from the fire department vehicle to the building impractical or impossible.

NOW, THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF SUISUN CITY does hereby make the following findings and approvals.

1. Finds the Project exempt from CEQA pursuant to State CEQA Guidelines Section 15061(b)(3) based upon the following finding: The Planning Commission determine that the Project has been adequately analyzed under the provisions of the California 55 1
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AND, BE IT FURTHER RESOLVED , that the City Council adopts the 2022 California Building Standards Code (CBSC).

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Suisun City, California, on this 8th day of August 2023.

Alma Hernandez, Mayor
ATTEST:

Anita Skinner
City Clerk

APPROVED AS TO FORM
AND LEGAL CONTENT:

_______________________________
Aleshire & Wynder, LLP

CERTIFICATION
I, Anita Skinner, City Clerk of the City of Suisun City and ex-officio Clerk of the City Council of said City, do hereby certify that the above and foregoing ordinance was introduced at a regular meeting of the said City Council held on July 18, 2023 and passed and adopted at a regular meeting of said City Council held on August 8, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

ATTEST:

Alma Hernandez Anita Skinner
Mayor City Clerk
56 AGENDA ITEM NO. 7

AGENDA TRANSMITTAL

MEETING DATE:

August
8, 2023

CITY AGENDA ITEM:

Council Adoption of Ordinance No. 802: Amending City Ordinance Chapter

12.12 Park and Recreation Facilities to the Suisun City Municipal Code.

FISCAL IMPACT:

Unknown at this time but will have a positive financial impact.

STRATEGIC PLAN:

Develop Sustainable Economy; Provide Good Governance

BACKGROUND:

In reviewing City Ordinance Chapter 12.12 there were several areas that were determined to be deficient and contained outdated language. Since the return of organized sports for both youth and adults, there is a growing presence of organized sports teams using Suisun City Parks.

Many of the organizations are not based in Suisun City, but from surrounding cities. Those teams are doing damage to our field turf, taking up much needed parking, and using various facilities for bathroom needs of their players and spectators.

This City Council voted 4-0 to introduce and waive the reading of the ordinance during the public hearing held on Tuesday, July 18, 2023. As part of the action, no changes were proposed to the ordinance.

STAFF REPORT:

At this time, it is vitally important to update Chapter 12.12 of the City Code and to help regulate organized sports team uses by requiring all organizations and or teams to have a permit provided through the Recreation, Parks, and Marina Department. This permit would have a cost associated that will be established as part of the City of Suisun City Master Fee Schedule. The city will then have control of who is using it, when they can use it, where parking is permitted, and to make field users aware that many park locations do not have restroom facilities and they may not use other agency facilities in search of a restroom. This will also give the city the opportunity to rest and rotate use to other parks so that field turf is not overused, deteriorating the turf to the point of destruction and the need for major rehabilitation. The topic of utilizing a permit process for organized sports teams to use city parks was supported by the Recreation, Parks, Marina, and Arts Commission during their April 2023 meeting.

STAFF RECOMMENDATION:

Amend Ordinance No. 802: Amending the City Ordinance Chapter

12.12 Park and Recreation Facilities to the Suisun City Municipal Code.

DOCUMENTS ATTACHED:
1 .

Ordinance No. 802: Amending the City Ordinance Chapter 12.12 Park and Recreation Facilities to the Suisun City Municipal Code.
2 .

City Code 12.12 Parks and Recreation Facilities

PREPARED BY:

Kris Lofthus, Deputy City Manager
REVIEWED BY:

Greg Folsom, City Manager
57 APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:

1. Ordinance Amending Chapter 12.12 Parks and Recreation Facilities.pdf

2. City Code 12.12 Parks and Recreation Facilities.pdf
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28 ORDINANCE NO. 802

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CITY OF SUISUN CITY, AMENDING CITY ORDINANCE CHAPTER 12.12 PARK AND

RECREATION FACILITIES TO THE SUISUN CITY MUNICIPAL CODE

WHEREAS, the City of Suisun City desires to amend Chapter 12.12 Park and Recreation Facilities, to update definitions and sections to meet current standards; and WHEREAS, the park system in Suisun City has seen in influx of organized sports teams utilizing various parks for their sports activities; and WHEREAS, it is the desire of the City Council to protect our community assets including the park system and by creating a permit process for organiz ed sports team use, provides the city the ability to protect the various parks.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUISUN CI TY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The City Council finds that the above recitals are true and correct and are incorporated as though fully set forth herein.

SECTION 2. Ordinance. The Ordinance is hereby adopted by the amending Chapter 12.12 “PARK AND RECREATION FACILITIES” in Title 12 of the Suisun City Municipal Code to read in its entirety as sh own in ATTACHMENT “2” attached hereto and incorporated herein by this reference.

SECTION 3 Severability and Validity. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Suisun City hereby declares that it would have adopted this Or dinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

SECTION 4. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its adoption following second reading.

SECTION 5. Publication. In accordance with Section 36933 of the Government Code of the State of California, t his ordinance shall be posted in three (3) public places within the City prescribed by ordinance within fifteen (15) days after its passage, there being no newspaper of general circulation printed and published within the City.

59 Ordinance
Adopted

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PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Suisun City, California, on this ___ day of _______ 2023.

Alma Hernandez, Mayor
ATTEST:

Anita Skinner
City Clerk

APPROVED AS TO FORM
AND LEGAL CONTENT:
_______________________________
Aleshire & Wynder, LLP

CERTIFICATION
I, Anita Skinner, City Clerk of the City of Suisun City and ex-officio Clerk of the City Council of said City, do hereby certify that the above and foregoing ordinance was introduced at a regular meeting of the said City Council held on ________, 2023 and passed and adopted at a regular meeting of said City Council held on ________, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this _____ day of _______ 2023.

Anita Skinner
City Clerk

Page 1 of 3 ends

Chapter 12.12 PARK AND RECREATION FACILITIES

12.12.010 Definitions.

The following words and phrases shall have the following meanings, unless the context clearly indicates otherwise:
"Cigar" shall mean any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco, but shall not include any roll of tobacco wrapped in any substance which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is a cigarette.
"Cigarette" shall mean any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; (2) tobacco, in any form, that is functional in the product, which because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (3) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in this section. "Cigarette" also includes "roll-your-own" tobacco, meaning any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes. For purposes of this definition of "cigarette," 0.09 ounces of "roll-your-own" tobacco shall constitute one individual "cigarette."
“City manager” shall have the same meaning as Chapter 2.08, and shall include their designee.
"City park" or "recreational area" shall mean any areas so designated by resolution of the city council.
“Director” shall mean the City’s Recreation, Parks, and Marina Director, and shall include their designee.
"Electronic smoking device" shall mean an electronic device which can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. Electronic smoking devices include but may not be limited to electronic cigarettes, hookahs, and electronic cigars or pipes. "Electronic smoking device" shall also include the solution or product used to fill the tank and that is inhaled by the person using the device.
“Organized sport” shall mean a team sport athletic contest, such as, but not limited to, soccer, baseball, softball, football, basketball, or volleyball, engaged in by an organized sports team.

Organized sports shall not include persons or groups who participate in an impromptu game that is unaffiliated with any team or league, such as a game conducted in connection with a bona fide group picnic or barbecue when such game is clearly incidental to such picnic or barbecue.
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“Organized sports team” shall mean an organized team, league, or group whose primary purpose is organize competitive sporting events, formally or informally, and shall include teams from organizations such as companies, schools, nonprofits, etc. “ "Smoke" or "Smoking" shall mean inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. "Smoking" includes the use of an electronic smoking device that creates an aerosol or vapor (commonly referred to as “vaping”), in any manner or in any form, or the use of any device for the purpose of circumventing the prohibition of smoking. "Tobacco product" shall mean any of the following:
a. A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.
b. An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.
c. Any component, part, or accessory of a tobacco product, whether or not sold separately. "Tobacco paraphernalia" shall mean cigarette papers or wrappers, blunt wraps as defined in Section 308 of the Penal Code, pipes, holders of smoking materials of all types, cigarette rolling machines, or other instruments or things designed for the smoking or ingestion of tobacco products.

12.12.020 Hours.

It is unlawful for any person to loiter at any time in any city park between the hours of 7:00 p.m. and 7:00 a.m. from November 1 through March 31 of each year, and from 9:00 p.m. to 7:00 a.m. from April 1 through October 31 of each year unless prior written permission has been obtained from the city manager.

12.12.030 Permit required for exclusive use of a park facility.

A. The exclusive use of part or all of a park or recreation facility requires a permit, to be issued by the director.

B. No permit shall be required for events that are sponsored or co-sponsored by the city.

C. All organized sports shall require a permit.

D. All permits are subject to permit fees, as determined by City Council resolution.

12.12.040 Park closure.

Any city park or recreation area or any section(s) of any city park or recreation facility may be declared closed to the public for the purpose of protecting the public health, safety, and/or welfare by the city manager or by the director, with notification given to city council of any such 62

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action, at any time and for any interval of time, either temporarily or at regular and stated intervals and either entirely or merely to certain areas, as may necessary.

12.12.050 Prohibited Conduct in parks and recreational facilities.

A. Vandalism. No person in a park or recreation area shall mark, deface, disfigure, injure, tamper with, or displace or remove any part of any structure, vegetation, table, bench, railing, fixtures, water line or other utility.

B. Littering. No person in a park or recreation area shall dump, deposit, or leave any bottles, broken glass, ashes, paper, boxes, refuse, or trash anywhere other than in designated receptacles.

Where such receptacles are not provided, all such waste or recycling shall be carried away from the park by the person responsible for its presence, and properly disposed of elsewhere.

C. Animals. No person in a park or recreation facility shall permit any dog, cat, fowl, or other animal under their control to enter such park or recreational area unless leashed or restrained in some manner. This prohibition shall not apply to dogs in designated dog parks.

D. Golf. No person in a park or recreation area shall practice or otherwise engage in the game of golf within the confines of any park or recreational area.

E. Motorized vehicles. No person in a park or recreation area shall drive any motorized vehicle including, but not limited to, automobiles, trucks, motorcycles, motor scooters, motor bikes and any other self-propelled vehicle on any area except paved roads or parking areas, or such areas as may be specifically designated by the director.

F. Horseback riding. No person shall ride any horse or other animal within the park or recreation area unless prior written permission has been obtained from the director.

G. Smoking. Smoking is not permitted at parks and recreational facilities, or within 30 feet of any door, window, gate, or point of access thereto. Cigarette butts and any other disposable parts of smoking paraphernalia shall not be discarded anywhere other than trash receptacles.

H. Alcohol. No open containers or consumption of alcoholic beverages is permitted, other than as may be permitted pursuant to a special event permit, city sponsored event, or city co- sponsored event.
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64 AGENDA ITEM NO. 8

AGENDA TRANSMITTAL

MEETING DATE:

August
8, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-__: Authorizing the City Manager to Enter into a Contract on the City’s Behalf with Melton Design Group for Professional Design and Project Management Services of the Montebello Vista Park Revitalization Project in the amount of $180,100 and Authorizing the City Manager to Approve Change Orders up to 10% of the Original Contract Amount.

FISCAL IMPACT:

The Parks and Facilities Master Plan Project (Project) will have no fiscal impact to the General Fund. The project and project design will be funded with a grant from the State of California. The low bid was $180,100 by Melton Design Group.

STRATEGIC PLAN:

Provide Good Governance

BACKGROUND:

The Montebello Vista Lighting and Landscape Maintenance Assessment District (MAD) does not generate sufficient revenue to cover expenses related to the maintenance of Montebello Vista Park, streetlight electricity/maintenance, and Walters Road entrance and median maintenance.

During FY 2014-15, a group of neighbors asked the City Council to lend the District funding to hire a consultant to facilitate a process to put the District on a sound fiscal footing. As a result of the consultant’s work, a District-wide vote was held to 1) expand the district to include all homes that benefit from the amenities maintained by the District; 2) increase the assessment to cover the actual current costs associated with the desired level of service; and 3) add an annual inflation factor to the annual assessment to help the District revenues keep pace with inflation. The votes were counted at the July 7, 2015, City Council meeting and the changes were not approved. Currently, the Assessment District Fund is in the negative by more than $50,000. The City has focused on securing external funding to give Montebello Vista Park a sustainable blueprint so that it could be properly maintained without dependence on the existing Maintenance Assessment District.

The Recreation, Parks, and Marina (RPM) Department submitted applications for the Statewide Development Community Revitalization Program Round 4 in 2021 and the Rural Recreation and Tourism Program in 2022 for improvements to Montebello Vista Park but was not awarded for either.

In June 2022, The City was notified of approval of $1.85 million, as part of the State of California Department of Parks and Recreation’s 'Local Assistance Specified Grants’ program.

Expected professional design services include initial project coordination, site analysis and surveys, public outreach, construction renderings, and a complete budget. Anticipated features of the Montebello Vista Park Revitalization Project may include the following as funding allows:

Conversion of the grass playing field into a synthetic turf playing surface, including synthetic baseball infield. This baseball field will have no outfield fence.

Facility inclusive of 2 restrooms, snack bar area, no cooking area, and storage room.

A multi-use sport court allowing for basketball, futsal, and pickle ball.

Addition of a toddler appropriate playground.

Shaded picnic pavilion.
65 By removing existing grass and replacing it with synthetic turf and by adding a hardscaped base picnic pavilion, the city will reduce the amount of water and physical maintenance required to maintain the park. This will help reduce ongoing maintenance costs to the district.

STAFF REPORT:

The requirements for the selected firm are:

Requirement I:

Project Coordination & Community Engagement

1. Initiate Design Process, based on initial design concept which will be shared after RFP award.

2. Develop and prioritize the key elements of the community garden.

3. Meet with RPM Department to discuss expectations, design needs, and scope of work of the park revitalization project.
a.

Conduct a kick-off meeting with RPM Management staff and RPMA Commission members to gain a complete understanding of the project.

4. Hosting stakeholder and/or community meetings.
a.

At least two (one in-person and one virtual) public meetings targeting residents within the park vicinity. One of these meetings will be held specifically at Montebello Vista Park for the residents in the
Montebello Vista LLD.
b.

Public outreach results, analysis, and develop an implementation plan based on public feedback.

5. Coordination with Suisun City Public Works Department.

Requirement II:

Site Analysis

1. Site visit to verify utilities, elements to be added/removed, conduct soil analysis, study grades of site, etc.

2. Conduct site topographic survey.
a.

Identify features such as manholes, valves, sidewalks, utility poles, water meters, curb lines, etc. b.

Create comprehensive topographic map of site from survey.

Requirement III:

Development of Montebello Vista Park Master Plan

1. Create a themed design of Montebello Vista Park.
a.

Develop complete renderings, including photo boards, 3D or VR sketches, garden layouts, etc. to give a full understanding of the design.
b.

Develop a comprehensive cost estimate, including all materials. c.

Provide cost analysis to aid the RPM Department in decision making.

2. Presentation of Master Plan to relevant groups.
a.

Inclusion of Master Plan at community meeting(s) for discussion. b.

Attend RPMA Commission and/or City Council meetings to gain City approval.

Requirement IV:

Plans, Specifications, and Estimate (PS&E)
Prepare and complete PS&E documents, which includes design improvement plans, technical specifications, and engineer's plans. Prepare a base map showing existing information to facilitate the design of all the necessary improvements. The base map limits shall be sufficient to cover all necessary improvements within the project area.

Design Process - Intermediate Reviews
Improvement plans at 1" - 20" scale for paving improvements, grading and drainage, erosion control and/or planting and any other plans shall be submitted for review to the City at the 75%, 90% and 100% design stage. City will provide and prepare the front-end specifications that the Consultant is to incorporate with the technical specifications (and attachments) that the Consultant is to prepare. The 66 Consultant is to provide electronic copies and two (2) sets of hard copies of plans, specifications, and engineer's estimates (PS&E). Plans shall be 22"x24" at each design stage for review and comments.

This plan size can be printed to scale at 11"x17". With each stage, the review comments from the previous stage shall be itemized and a written response to each shall be prepared in a comment matrix.

The original red-line comments from the reviewing agency shall be returned with the succeeding submittal.

Final PS&E (100% Complete)
The Consultant is to provide the necessary final PS&E documents in a bid-ready form. Final submittal shall include: one complete bond plan set (22"x34"), one mylar sheet (22"x34") of title or cover sheet, final cost estimate (stamped, in excel and pdf format) and final specifications (in word and pdf format) and shall be delivered to the City, along with a USB thumb drive of all electronic files including AutoCAD drawing files. A reproducible set of the final construction documents are to be submitted along with electronic files for all work products. Construction drawings shall be in .pdf and AutoCAD formats.

The RFP for the project was posted on March 27, 2023. The deadline for submission was on April 17, 2023, at 3:00 PM, at which time three (3) bids were received. Staff has received the low bidder's proposal and accompanying documents. Staff has determined that the bid submitted by Melton Design Group is the lowest responsive bid.

The three bids received for the Project are as follows:

Company TOTAL Melton Design Group $180,100 GSM landscape architects, inc. $201,300 Gates + Associates $266,006

The City's Recreation, Parks, Marina, and Arts Commission recommended awarding the Project contract to Melton Design Group at its July 5, 2023, meeting.

STAFF RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2023- __: Authorizing the City Manager to Enter into a Contract on the City’s Behalf with Melton Design Group for Professional Design and Project Management Services of the Montebello Vista Park Revitalization Project in the amount of $180,100 and Authorizing the City Manager to Approve Change Orders up to 10% of the Original Contract Amount.

DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-__: Authorizing the City Manager to Enter into a Contract on the City’s Behalf with Melton Design Group for Professional Design and Project Management Services of the Montebello Vista Park Revitalization Project in the amount of $180,100 and Authorizing the City Manager to Approve Change Orders up to 10% of the Original Contract Amount 2 .

Melton Design Group Contract

PREPARED BY:

Marvin
Mora, Recreation Supervisor
REVIEWED BY:

Kris Lofthus, Deputy City Manager
APPROVED BY:

Greg Folsom, City Manager
67 ATTACHMENTS:

1. Resolution - Melton Design Contract.pdf

2. Melton Design Contract.pdf
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28 RESOLUTION NO. 2023-

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT ON THE CITY’S BEHALF WITH MELTON DESIGN GROUP FOR PROFESSIONAL DESIGN

AND PROJECT MANAGEMENT SERVICES OF THE MONTEBELLO VISTA PARK REVITALIZATION PROJECT IN THE AMOUNT OF $180,100 AND AUTHORIZING THE CITY MANAGER TO APPROVE CHANGE ORDERS UP TO 10% OF THE

ORIGINAL CONTRACT AMOUNT

WHEREAS, The Montebello Vista Lighting and Landscape Maintenance Assessment District does not generate sufficient revenue to cover expenses related to the maintenance of Montebello Vista Park; and
WHEREAS, the Assessment District Fund is in the negative by more than $50,000; and
WHEREAS, the city was notified in June 2022 that funding for the Montebello Vista Park Revitalization Project was approved for $1.85 million as part of the State of California Department of Parks and Recreation’s “Local Assistance Specified Grants” program.

WHEREAS, the RFP for the Project was posted on March 27, 2023, close d on April; 17, 2023, and three bids were received; and
WHEREAS, Melton Design Group provided the lowest responsive bid of $180,100; and WHEREAS, the Recreation, Parks, Marina, and Arts Commission recom mended awarding the Project contract to Melton Design Group at its July 5, 2023 meeting; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Suisun City authorizes the City Manager to Enter into a Contract on the City’s Behalf with Melton Design Group for Professional Design and Projec t Management Services for the Montebello Vista Park Revitalization Project in the amount of $180,100 and Authorizing the City Manager to Approve Change Orders up to 10% of the Original Contract Amount.

PASSED AND ADOPTED at a Regular Meeting of the City C ouncil 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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This AGREEMENT, effective as of the 2nd day of June 2023 shall be BETWEEN the
CLIENT: CITY OF SUISUN CITY PARKS and MARINA DEPT.

Kris Lofthus, Deputy City Manager
611 Village Drive, Suisun City, CA 94585
707-421-7200 / [email protected]
AND
CONSULTANT: MELTON DESIGN GROUP, Inc. (MDG)
Gregory Melton, President/CEO
820 Broadway Street, Chico, CA 95928
530-899-1616 / [email protected]
PROJECT: Montebello Vista Park Revitalization Design and Project Management Services PROJECT UNDERSTANDING:

The scope of services under this agreement includes:

MASTER PLAN
 Synthetic Turf Field
 Baseball Field Amenities
 Restroom / Concession / Storage
 Designated Accessible Parking
 Multi-Use Sport Court
 Toddler Play
 Shaded Picnic Areas
PHASE 1
 Synthetic Turf Field
 Baseball Field Amenities
 Restroom / Concession / Storage
 Designated Accessible Parking

LANDSCAPE DESIGN AGREEMENT
MELTON DESIGN GROUP, INC. and CITY OF SUISUN CITY
Attachment 2
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SCOPE OF WORK:

The following is an outline of the proposed scope of work MDG will provide:

TASK 1 –PROJECT LAUNCH / COORDINATION and PROGRAM DEVELOPMENT

1.1 Meet with the Client and Team to discuss the scope of work, design needs and specific desires for the project. Identify a key group of stakeholders to form an Advisory Committee.

1.2 Project Coordination and project meetings.

1.3 Create project design schedule and updates throughout project for all design tasks.

1.4 Perform Quality Assurance and Quality Control throughout project.

1.5 Engage with Client Staff to assess needs of community.

1.6 Develop program of elements and prioritize Client’s desires and phasing. • Review ideas and gain a complete understanding of the project. • Discuss all possible opportunities and study constraints directing the design.

TASK 2 – SITE ANALYSIS, TOPOGRAPHIC SURVEY and UNDERSTANDING

2.1 Site Visit and Analysis – onsite and surrounding analysis to confirm existing conditions. • Study all site elements and view aerial and site visit. • Study general grades and onsite elevation measurements for site and existing topography to understand the elevation challenges and to complete elevations. • Confirm utilities and drainage on plans and onsite.
• Identify all onsite elements that are to remain and to be removed. • Obtain all site conditions from sun, wind, views, neighbors, uses, etc.

2.2 1’ Topographic Survey.

2.3 Geotechnical Survey.
• Build base specification.

2.4 Develop Base Map using existing plans, aerial photos and site measurements.

TASK 3 – SCHEMATIC MASTER PLAN DEVELOPMENT and COST ANALYSIS

3.1 Develop plan view Schematic hand drawn plans for review. • Include all elements of proposed program with descriptions of all elements. • Provide alternative options for key areas that warrant study. • Develop architectural concepts for all structures.

3.2 Develop Phasing Plan to illustrate full potential of Master Plan.

3.3 Develop a preliminary Cost Estimate for all improvements.

3.4 Architectural rendering of restroom and picnic areas. • Meet with Client to review design. Make revisions and resubmit during Master Plan process.

3.5 Public Outreach
• One (1) in-person workshop and one (1) virtual public meeting. • Virtual Reality views of park.

3.6 Present Schematic Master Plans to Client for review and comment. • Cost Analysis.
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• Assess design options and concepts and reassess prioritized elements. • Client to provide additional direction and comment.

3.7 Final approval from Client.

TASK 4 – DESIGN DEVELOPMENT (50%)

4.1 Develop a digitalized final landscape Design Development Plan and 3D Rendering.

4.2 Present final plan to Team.

4.3 Gain approval to move on to 90% and 100% Construction Drawings.

TASK 5 – CONSTRUCTION DRAWINGS, SPECIFICATIONS and SUBMITTALS (90%, 100%)

5.1 ARCHITECTURAL PLAN and ELEVATIONS

5.2 DEMOLITION PLAN – Show location of all elements that require removal and offsite disposal.

5.3 GRADING PLAN – Show location and layout of all proposed hardscape, lighting, grading, drainage and utilities.
• Identify areas requiring imported soil for better drainage and plant health. • Show new drainage patterns with slopes and compaction. • Identify all landscape mounds and earth shapes.

5.4 ELECTRICAL and LIGHTING PLAN – Lighting location and fixture type. Coordinate all electrical fixtures, play and security lighting in landscape, with Electrical Engineer available, as needed.

5.5 CONSTRUCTION PLAN – Show location and layout of all proposed hardscape, grading, drainage and utilities.
• Identify all paving locations, types, finish and detail reference. • Locate all existing conditions to remain including utilities. • Identify all material types and installation details.

5.6 SYNTHETIC FIELD CONSTRUCTION and LAYOUT PLAN
• Specify turf material, filler and striping.
• Grading and drainage.

5.7 IRRIGATION RETROFIT PLAN – Irrigation plan with complete water use information including water use calculations for all planting areas.
• Identify all irrigation water use zones (trees, shrubs and ground covers) along with mainline, new and existing valves, point of connection and meters. • Show new valves, flow valves and controller layout.

WATER USE CALCULATIONS, SCHEDULING and GUIDELINES
• Provide water use calculations identifying maximum applied water allowance and quantity of water use.
• Develop water use schedule with seasonal adjustments along with estimated water use calculations.

5.8 PLANTING PLAN – Identify all proposed plant species, water use, size and type. • Drought tolerant, low-maintenance adaptive plants and California natives where possible.
• Provide all surface material, gravel, boulders, etc.

5.9 DETAIL SHEETS – Construction details of all proposed elements. 72 Montebello Vista Park Revitalization Design and Project Management Services MDG Project #2570
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5.10 SPECIFICATIONS – Book form to describe required materials, workmanship and grading, planting and irrigation techniques. Including requirements for contractor-supplied as-built drawings.

5.11 COST ESTIMATE – Calculations and detailed cost estimate to verify budget and bid documents.

5.12 SUBMITTAL – Sets of development plans for the Client; revise construction documents, as required, for approval.
• Submittal of construction drawings to Client will occur at 90% and 100% • Submittal of Schedule A Bid Form and Schedule B for itemized elements. • If requested, incorporate specifications and bid form into the Client’s boiler plate and general conditions to form a complete bid package.

DELIVERABLES:
• Meetings with staff for Review and Comments
• Final Construction Plans – 90% and 100%
• Bid Forms

TASK 6 – BID ADMINISTRATION

6.1 Pre-Bid Meeting / RFIs / Addenda, if needed.

6.2 Bid Review.

6.3 Review of Construction Contract Award.

TASK 7 – CONSTRUCTION ADMINISTRATION

7.1 Pre-Construction Meeting and Regular Construction Progress Meetings.

7.2 SUBMITTAL REVIEWS – Team MDG will review and accept or deny required contractor submittals, cutsheets and samples for all disciplines.

7.3 SCHEDULED SITE VISITS – Participate in the following inspections (approximately 2):
• Grading, Utilities, Lighting, Irrigation, Planting, etc. • Pre-maintenance period observation and punchlist to confirm completion. • Final walk through/post-maintenance period punchlist.

7.4 Final walk and sign off of project.

7.5 Certificate of Completion for Construction.

7.6 As-Built Record Drawings.

COST SUMMARY PER TASK

TASK 1: PROJECT LAUNCH / COORDINATION and PROGRAM DEVELOPMENT $ 12,100 TASK 2: SITE ANALYSIS, TOPOGRAPHIC SURVEY and UNDERSTANDING $ 11,200 TASK 3: SCHEMATIC MASTER PLAN DEVELOPMENT and COST ANALYSIS $ 14,900 TASK 4: DESIGN DEVELOPMENT (50%) $ 44,200
TASK 5: CONSTRUCTION DRAWINGS, SPECS and SUBMITTALS (90%, 100%-FINAL) $ 87,000 TASK 6: BID ADMINISTRATION $ 6,200
TASK 7: CONSTRUCTION ADMINISTRATION (onsite) $ 4,500 73 Montebello Vista Park Revitalization Design and Project Management Services MDG Project #2570
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Additional Services
Offsite Factory Inspections $ T&M
Civil Engineering $ T&M

TOTAL $ 180,100

Reimbursable expenses are included for deliverables noted above. Additional Services and reimbursables exceeding expectations shall be billed on an hourly rate / expense basis in accordance with MDG’s Schedule of Rates.

MISCELLANEOUS PROVISIONS

1. This proposal will remain valid for the time of 6 months, after which, if a contract has not been executed, MELTON DESIGN GROUP, INC. reserves the right to revise billing rates and fee amounts.

2. If the Client deems a delay of scheduled deliveries or other due dates is needed, the Client may do so by written notice to the Consultant. Delays of six (6) months or more will result in a fee increase of 5% every six (6) months while the project is delayed.

3. This Agreement is construed and governed by the laws of the State of California. The venue for any proceeding brought by either Party with regard to any provision or obligation arising under this Agreement shall be in the County of the filing Party.

4. This Agreement is the entire and integrated agreement between Client and MDG and supersedes all prior negotiations, statements or agreements, either written or oral. The parties may amend this Agreement only by a written instrument signed by both Client and MDG.

5. If any term or provision of this Agreement is held as a matter of law to be unenforceable or invalid for any reason, the remainder of this Agreement shall continue in full force and effect and be enforceable without such provisions, and the partie s agree that any unenforceable or invalid term or provision shall be amended to the minimum extent required to make such term or provision enforceable and valid.

6. Neither Client nor MDG shall assign this Agreement without the written consent of the other.

7. Nothing in this Agreement shall create a contractual relationship for the benefit of any third party.

8. MDG agrees to provide its professional services with its best skill and judgement in accordance with this Agreement; Federal, State and local laws and r egulations and the generally accepted Standard of Care for Landscape Architects which are in effect at the time of this Agreement in all ways to further the interest of the Client and project(s). MDG shall furnish the services in an efficient manner and s hall use its best efforts to see that the project is completed in conformity with the terms of this Agreement and consistent with the interest of the Client.
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9. MDG shall use reasonable efforts to verify the accuracy and suitability of any drawings, plans, sketches, instructions, information, requirements, procedures, requests for action and other data supplied to MDG for the project.

10. MDG agrees that its officers and employees do not now have a conflict of interest with respect to any aspect of this Agreement and that MDG, its officers or employees, will not contract for or accept employment for the performance of any work or services with any individual business, corporation or government unit that would create a conflict of interest in the performance of services.

11. MDG shall maintain in force throughout the term of this Agreement insurance adequate by industry standards for professional liability and comprehensive general liability to insure against any claim or claims for damage arising in connection with MDG’ s performance or service provided under this Agreement.

12. Irrespective of any other term in this Agreement, MDG shall not control or be responsible for construction means, methods, techniques, schedules, sequences or procedures; or for construction safety or any other related programs; or for another party’s errors or omissions or for another party’s failure to complete their work or services in accordance with MDG’s documents.

13. Both Client and MDG agree to indemnify the other Party; its officers, directors, e mployees and agents; defend and hold harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and all legal expenses and fees incurred through appeal, a nd all interest thereon, accruing or resulting to any and all persons, firms or any other legal entities on account of any damages or losses to property or persons, including injuries or death, or economic losses, arising out of the Project and/or this Agreement, except to the extent arising solely from the gross negligence or willful misconduct of either Party.

14. Client and MDG waive consequential damages for any claims, disputes or other matters in question arising out of or relating to this Agreement. MDG’s waiver of consequential damages, however, is contingent upon the Client requiring contractor and its subcontractors to waive all consequential damages against MDG for claims, disputes or other matters in question arising out of or relating to the Project.

15. Neither the Client nor MDG shall have any liability for any negligent act or omission of the other, its employees, officers or agents. In no event shall either Party be liable to the other Party for indirect or consequential loss of or damage to profits, business, revenue, goodwill or anticipated savings suffered by the other Party during the term of this Agreement.

16. To the extent damages are covered by property insurance during construction, Client and MDG waive all rights against each other and against the contractors, consultants, agents and employees of the other for such damages. Client or MDG, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties described in this paragraph.

17. Client acknowledges and agrees that proper project maintenance is required after the Project is complete. A lack of or improper maintenance in areas such as irrigation equipment may result in damage to property or persons. Client further acknowledges and 75 Montebello Vista Park Revitalization Design and Project Management Services MDG Project #2570
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agrees that, as between the parties to this Agreement, Client is solely responsible for the results of any lack of or improper maintenance.

18. MDG shall maintain records of costs, expenses and billings pertaining to services performed under this Agreement in accordance with generally accepted accounting standards. Such records shall be available to the Client or the Client’s authorized representative at mutually convenient times for a period of at least three (3) years after expiration or termination of this Agreement. Client shall have the right to audit and to verify the details set forth in MDG’s billings, certificates and statements, either before or after payment. The terms of this paragraph shall survive any termination of the Agreement.

19. If either Party to this Agreement institutes a proceeding in court to enforce any provision of this Agre ement, or for damages by reason of any breach of this Agreement, then the Prevailing Party will be entitled to recover from the other Party all costs of the suit, including, without limitation, court costs and such amounts as the court may award as reasonable attorney’s fees and expenses for services rendered to the Prevailing Party during the proceedings.

20. MDG shall treat any Client -supplied information or information pertaining to the Client’s business as confidential and shall not disclose any such inform ation to others except as necessary for the performance of this Agreement or as authorized by the Client in writing.

21. This Agreement may be amended by written agreement of the Parties.

22. This Agreement may be terminated by either party with or without cause, provided the other party is given not less than five calendar (5) days’ written notice of intent to terminate (delivered by certified mail, return receipt requested). Client shall pay MDG the reasonable value of services rendered by MDG or MDG sub-consultants prior to termination.

23. Landscape Architects are regulated by the State of California. Any questions concerning a Landscape Architect may be referred to:

Landscape Architects Technical Committee
2420 Del Paso Road, Suite 105, Sacramento, CA 95834. (916) 575-7230

Let us know if you have any questions concerning this proposal. If the above meets your approval, please sign and return a copy.

Sincerely,

Greg Melton, President/CEO
Principal Landscape Architect RLA #4217
Melton Design Group, Inc.

76 Montebello Vista Park Revitalization Design and Project Management Services MDG Project #2570
June 2, 2023

820 BROADWAY ST CHICO CA 95928 * 530.899.1616 / 916.754.2153 * MELTONDG.COM

Page 8 ends

2023 SCHEDULE OF RATES

MDG PERSONNEL

Principal Landscape Architect $195.00 / hour
Project Manager $155.00 / hour
Irrigation Specialist $140.00 / hour
Graphic Designer $125.00 / hour
Designer/Technician $105.00 / hour
Administration $ 90.00 / hour

REIMBURSABLE EXPENSES

B & W Copies, 8.5 X 11 $ .35 each
B & W Copies, 11 X 17 $ .60 each
Color Copies 8.5 x 11 $ 1.40 each
Color Copies 11 X 17 $ 2.65 each
Binding Covers 8.5 x 11 $ 3.00 each
Binding Covers 11 x 17 $ 6.00 each
Black & White 24x36 Print $ 5.75 each
Black & White 30x42 Print $ 8.25 each
Color 24x36 Print $30.50 each
Color 30x42 Print $45.00 each
Premium Color Glossy Plan Print $65.00 each
Foam Core 24” x 36” $13.50 each
Foam Core 30” x 42” $16.00 each
Flash Drive $ 10.00 each
Overnight Mail Cost Plus 15%
Courier Cost Plus 15%
Photography Cost Plus 15%
Soils Analysis Cost Plus 15%
Travel / Automobile $ .75 per mile

Note: Rates subject to change after one year of proposal

77 Montebello Vista Park Revitalization Design and Project Management Services MDG Project #2570
June 2, 2023

820 BROADWAY ST CHICO CA 95928 * 530.899.1616 / 916.754.2153 * MELTONDG.COM

Page 9 ends

I hereby authorize Melton Design Group, Inc. to proceed with the work as set forth in this contract.

Date:_____________ By:

Print Name:

Title:

Company:

CONTACT INFO and EMAIL ADDRESS WHERE BILLINGS ARE TO BE SENT:

Print Name and Title:

Company Project # or Reference Name:

Phone #: Email:

Mailing Address:

State / Zip Code:

If more than one recipient for billings, please add Email below.

Email: ________________________________
All checks are to be mailed to: Melton Design Group, Inc. 820 Broadway Street
Chico, CA 95928
Billing Questions:
(530) 899-1616
[email protected]

78 AGENDA ITEM NO. 9

AGENDA TRANSMITTAL

MEETING DATE:

August
8, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-___: Authorizing the Mayor to Sign a Letter of Support for the City of Benicia’s Desire to Have the State Legislature Pass Special Legislation to Increase the Statutory Sales Tax Limit in Solano County from 9.25% to 9.75%.

FISCAL IMPACT:

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

STRATEGIC PLAN:

Ensure Good Government.

BACKGROUND:

By statute, the State of California limits the amount of sales tax that can be charged on purchases throughout California. The statewide tax rate is 7.25% and state law limits added district taxes to an additional 2%, capping the maximum rate at 9.25%. However, the State Legislature can make exceptions, as they have done in many circumstances throughout the state.m For instance, cities in Monterey County go as high as 9.75%, cities in Contra Costa County and Los Angeles County can go up to 10.25% and cities in Alameda County can go as high as 10.75%.

STAFF REPORT:

The City of Benicia is requesting that all cities in Solano County and the County Board of Supervisors support their desire to have the State Legislature pass special legislation which would allow for the statutory sales tax rate limit to be increased from 9.25% to 9.75% in Solano County.

This request is necessary as the City of Benicia finds itself facing a significant challenge, with expenditures surpassing the City’s revenues. Due to limited opportunities for new development, stagnant population growth, and the need to raise additional local revenues, Benicia is seeking legislation to increase the maximum allowable sales tax.

It is important to note, should the legislature pass special legislation to increase the statutory sales tax limit in Solano County, sales taxes would not automatically increase. Rather, it would allow cities and the county, if desired, to place local measures on the ballot for the votes to decide if they wanted to approve an increase.

It is important to note that Suisun City could be impacted by the existing sales tax limitation. Both the County and MTC have discussed putting tax measures on the ballot. If the County or MTC were to put tax measures on the ballot, if passed those tax measures could limit any future tax measure that Suisun City may need to put on the ballot for our own purposes.

The tables on the following page provide a comparative view of sales tax rates in the cities in Solano County and of several neighboring cities in other counties.

The tables below provide a comparative view of the sales tax rates of several cities within the region:

79 Solano County
City
Sales Tax (%)
Benicia

8.375
Dixon

7.375
Fairfield

8.375
Rio Vista

8.125
Suisun City

8.375
Vallejo

9.25 Vacaville

8.125

Neighboring Cities
City
Sales Tax (%)
Concord

9.75 Napa

7.75 Sacramento

8.75 Walnut Creek

9.25 Davis

8.25 Martinez

9.75 Pleasant Hill

9.25 STAFF RECOMMENDATION:

It is recommended that the City Council Adopt Resolution No. 2023- ___: Authorizing the Mayor to Sign a Letter of Support for the City of Benicia’s Desire to have the State Legislature Pass Special Legislation to Increase the Statutory Sales Tax Limit in Solano County from 9.25% to 9.75%.

DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-___: Authorizing the Mayor to Sign a Letter of Support for the City of Benicia’s Desire to have the State Legislature Pass Special Legislation to Increase the Statutory Sales Tax Limit in Solano County from 9.25% to 9.75%.
2 .

Letter of Support for the City of Benicia's Desire to have the State Legislature Pass Special Legislation to Increase the Statutory Sales Tax Limit in Solano County from 9.25% to 9.75%.

PREPARED BY:

Greg Folsom, City Manager

ATTACHMENTS:

1. Resolution Authorizing the Mayor to Sign a Letter of Support.pdf

2. Letter of Support.pdf
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28 RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY

AUTHORIZING THE MAYOR TO SIGN A LETTER OF SUPPORT FOR THE CITY OF BENICIA’S DESIRE TO HAVE THE STATE LEGISLATURE PASS SPECIAL

LEGISLATION TO INCREASE THE STATUTORY SALES TAX LIMIT IN SOLANO COUNTY FROM 9.25% TO 9.75%

WHEREAS, the State of California limits the amount of sales tax that can be charged on purchases throughout California; and

WHEREAS, the statewide tax rate is 7.25% and state law limits added district taxes to an additional 2%, capping the maximum rate at 9.25%; and

WHEREAS, the State Legislature can make exceptions to the sales tax cap, as they have done in many circumstances throughout the state; and

WHEREAS, the City of Benicia is re questing that all cities in Solano County and the County Board of Supervisors support their desire to have the State Legislature pass special legislation which would allow for the statutory sales tax rate limit to be increased from 9.25% to 9.75% in Solano County; and

WHEREAS, the City of Benicia finds itself facing a significant challenge, with expenditures surpassing the City’s revenues; and

WHEREAS, Suisun City could also be impacted by the existing sales tax limitation.

NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Suisun City, California, that the Mayor shall be authorized to sign a letter of support for the City of Benicia’s desire to have the State Legislature pass special legislation to increase the statutory sale tax limit in Solano County from 9.25% to 9.75%.

PASSED AND ADOPTED at a Regular Meeting of the Ci ty 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
81 DEPARTMENTS: AREA CODE (707)
ADMINISTRATION 421- 7300  DEVELOPMENT SERVICES 421- 7335  BUILDING 421- 7310  FINANCE 421- 7320 FIRE 425- 9133  RECREATION & COMMUNITY SERVICES 421- 7200  POLICE 421- 7373  PUBLIC WORKS 421 - 7340 SUCCESSOR AGENCY 421- 7309 FAX 421- 7366

CITY OF SUISUN CITY
701 Civic Center Blvd.

Suisun City, California 94585
Incorporated October 9, 1868

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

CITY COUNCIL MEETING
First and Third Tuesday
Every Month

August 9, 2023

Honorable Mayor Steven Young

Benicia City Hall
230 East L Street Benicia, CA 94510

Letter of Support for Increase in Statutory Sales Tax Limit

Dear Mayor Young,

On behalf of the Suisun City Council of the City of Rio Vista, I am pleased to present the attached Resolution of support of your efforts to have the State Legislature pass special legislation that would increase Solano County’s statutory sales tax limit from 9.25% to

9.75%.

The Suisun City Council considered your request at our August 8, 2023, City Council meeting.

After considering this item the Council unanimously voted to support your request.

We wish you success in your efforts.

Sincerely,

Mayor Alma Hernandez

Attachment: Resolution of Support
82 AGENDA ITEM NO. 10

AGENDA TRANSMITTAL

MEETING DATE:

August
8, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution 2023-__: Approving the Amended and Restated Memorandum of Understanding (MOU) with the Suisun City Police Officers’ Association (SCPOA) and Authorizing the City Manager to Execute It on Behalf of the City.

FISCAL IMPACT:

There is no additional cost associated with the recommended action.

STRATEGIC PLAN:

Provide Good Governance.

BACKGROUND:

On July 18, 2023, the City Council approved the Memorandum of Understanding between the City of Suisun City (City) and the Suisun City Police Officers’ Association (SCPOA), effective July 1, 2023 through June 30, 2025 with the adoption of Resolution No. 2023-98.

Upon finalizing the MOU document, it was discovered that provisions relating to restoring leave caps for holiday, vacation and compensatory time off and a separate provision increasing leave accrual cash out for represented dispatch employees were inadvertently omitted from the final adopted MOU. These provisions were included in the tentative agreement reached between the City and the SCPOA, which was ratified by the membership on June 27, 2023.

The City and SCPOA met and conferred in good faith pursuant to the requirements of the Meyers- Milias-Brown Act (MMBA) regarding amending the SCPOA MOU 20023-25 to include the negotiated provisions on restoring leave caps and leave accrual cash out, and jointly recommend Council approve the Amended and Restated MOU.

STAFF REPORT:

Specifically, the Amended and Restated MOU will do the following provisions:

Restore the previous contractually agreed upon leave caps effective July 1, 2024.

Provide employees one (1) year, until July 1, 2024, to maintain and/or reduce their leave accruals below the contractual leave caps at which time employees will no longer be allowed to exceed the leave caps.

Those who are still over the leave cap on or after July 1, 2024, shall not accrue any more leave time until they bring their accrual balance below the leave cap shall not be allowed to accrue over the cap from thereon.

Increase the leave cash out for Dispatch employees from forty (40) hours to sixty (60) hours annually.

STAFF RECOMMENDATION:

Council Adoption of Resolution 2023-__: Approving the Amended 83 and Restated Memorandum of Understanding (MOU) with the Suisun City Police Officers’ Association (SCPOA) and Authorizing the City Manager to Execute It on Behalf of the City.

DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-___: Approving the Amended and Restated Memorandum of Understanding (MOU) with the Suisun City Police Officers’ Association (SCPOA) and Authorizing the City Manager to Execute It on Behalf of the City. a
.

SCPOA Amended and Restated MOU 2023-25 (SCPOA MOU 2023-25) 2 .

SCPOA Amended and Restated MOU 2023-25 (SCPOA MOU 2023-25) – Redline

PREPARED BY:

Christina Penland, Human Resources Administrator
REVIEWED BY:

Greg Folsom, City Manager
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:

1. Resolution Approving SCPOA MOU 2023-25 .pdf
a. Amended & Restated POA MOU 2023-25.pdf

2. Amended & Restated POA MOU 2023-25 - Redline.pdf
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28 Resolution No. 2023-__
Adopted August 8, 2023

RESOLUTION NO. 2023-__

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

APPROVING THE AMENDED AND RESTATED MEMORANDUM OF
UNDERSTANDING (MOU) WITH THE SUISUN CITY POLICE OFFICERS’

ASSOCIATION (SCPOA) AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY.

WHEREAS, on July 18, 2023 the City Council approved the Memorandum of Understanding between the City of Suisun City (City) and the Suisun City Police Officers’ Association (SCPOA), effective July 1, 2023 through June 30, 2025 (SCPOA MOU 2023-25) with the adoption of Resolution No. 2023-98; and
WHEREAS, the Tentative Agreement between the City and SCPOA’s authorized labor relations representatives for the SCPOA MOU 2023-25 included provisions for restoring holiday, vacation and compensatory time off leave caps to the original contractual accrued leave cap as designated in the MOU; and
WHEREAS, the Tentative Agreement also included provisions for increasing leave accrual cash out for represented Dispatch employees from forty hours annually, to sixty hours annually; and WHEREAS, the Tentative Agreement was ratified by the SCPOA membership on June 27, 2023; and
WHEREAS, the provisions for restoring leave caps and increasing annual leave accrual cash out for Dispatch employees were inadvertently omitted from the final adopted SCPOA MOU 2023-25; and
WHEREAS, the City and SCPOA’s authorized labor relations representatives met and conferred in good faith pursuant to the requirements of the Meyers-Milias-Brown Act (MMBA)(Gov’t Code Sections 3500-3511) to Amend and Restate the SCPOA MOU 2023-25 to include the negotiated provisions on restoring leave caps and leave accrual cash out.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Suisun City hereby adopts Resolution No. 2023-____: Approving the Amended and Restated Memorandum of Understanding (MOU) with the Suisun City Police Officers’ Association (SCPOA) and Authorizing the City Manager to Execute it on Behalf of the City.

PASSED AND ADOPTED at a Regular Meeting of said 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:

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28 Resolution No. 2023-__
Adopted July 18, 2023

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

Anita Skinner
City Clerk

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Tentative Agreement Approved by City Council July 18, 2023 MOU Approved by City Council July 18, 2023
Amended and Restated MOU Approved by City Council August 8, 2023

AMENDED AND RESTATED

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF SUISUN CITY
AND
THE SUISUN CITY POLICE OFFICERS’ ASSOCIATION

July 1, 2023
through
June 30, 2025

135

1 Table of Contents
Introduction ................................................................................................................................ 6 Article 1 Recognition ............................................................................................................. 6

1. Job Classes Represented. 6

2. Temporary/Limited-Service Positions. 6

3. Reduction in Workforce. 6

4. Use of Reserve Police Officers. 7

5. Job Requirements. 7
Article 2 Management Rights and Responsibilities ................................................................ 7 Article 3 Support of Agreement ............................................................................................. 8 Article 4 Union Time ............................................................................................................. 8

1. Negotiating Sessions. 8

2. Union Meetings. 8

3. New Employee Orientation & Contact Information. 8
Article 5 Personnel Rules and Regulations ............................................................................. 9 Article 6 Compensation ......................................................................................................... 9

1. Base Salary. 9

2. Acting Pay. 10

3. Bilingual Pay. 11

4. Nighttime Hours Differential. 11

5. Court Appearances. 11

6. Call-Back Pay. 12
Article 7 Holiday Leave ........................................................................................................ 13

1. Holiday Leave Accrual. 13

2. Holiday Leave Cash-Out. 13

3. Restoring Leave Caps. 13
Article 8 Health and Welfare ........................................................................................... 1414

1. Core Flex Plan. 14

2. Flexible Benefit Options. 14

3. Restrictions. 14

4. Medical Insurance Benefits after Death While on Duty. 14

5. Medical Conversion Plan. 14

6. Sick Leave Conversion to Fund Medical Premiums. 14
Article 9 Retirement ............................................................................................................ 15

1. Classic Miscellaneous Employee Benefits. 15

2. Classic Safety Police Employee Benefits. 15

3. PEPRA New Miscellaneous Employee Benefits. 16

4. PEPRA New Safety Police Employee Benefits. 16
136

2 Article 10 Life Insurance ........................................................................................................ 16 Article 11 Supplemental Insurance ........................................................................................ 16 Article 12 Employee Assistance Program ............................................................................... 16 Article 13 Workers’ Compensation ........................................................................................ 16 Article 14 State Disability Insurance Coverage ....................................................................... 17

1. State Disability Insurance. 17

2. Payment of SDI Premiums. 17
Article 15 Sick Leave .............................................................................................................. 17 Article 16 Light Duty .............................................................................................................. 17 Article 17 Leave Of Absence Due To Injury Incurred While On Duty ....................................... 17 Article 18 Payroll Status ........................................................................................................ 18

1. Payroll Status. 18

2. Continuation of City-Paid Insurance Premiums. 18

3. Non-Payroll Status. 18
Article 19 Workers’ Comp/SDI Medical Leave ....................................................................... 19

1. Employee Options Regarding SDI Medical Leave. 19

2. Medical Leave While on Workers’ Comp/SDI. 20

3. How a Supplement is Treated. 20

4. Paid Leave Accrual. 20

5. Leave of Absence While on SDI. 20
Article 20 Payroll Deduction .................................................................................................. 20 Article 21 Outside Employment ............................................................................................. 20 Article 22 Layoff and Reemployment .................................................................................... 21 Article 23 General Provisions ................................................................................................ 22

1. Severability. 22

2. Full Understanding. 22

3. No Requirement to Meet and Confer. 22

4. Reopeners. 22

5. Savings Clause. 23

6. No Strike/Lockout. 23

7. Successor Agreement. 23

8. Distribution of Agreement. 23

9. Effective Date. 23
APPENDIX A – SWORN LAW ENFORCEMENEMPLOYEES ............................................................. 24 Article 1 Additional Compensation ...................................................................................... 24

1. Entry-Level Police Officer Probationary Period and Merit Increases. 24

2. Lateral Police Officer and Police Sergeant Probationary Period and Merit Increases. 24

3. POST Certificate Pay – Sworn Officers. 24
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3 4. Police Corporal Assignment Pay. 25

5. Field Training Officer Assignment Pay. 25

6. Officer-in-Charge Assignment Pay. 25

7. Detective Assignment Pay. 25

8. Sworn Officer Longevity Pay. 25

9. Range Qualification. 25
Article 2 Hours of Work ....................................................................................................... 25

1. Workweek/Workday. 25

2. Rest Periods. 26

3. Exceptions to Mandatory Rest Period. 27

4. Work Schedule. 27

5. Meal Periods 28

6. Flex Time. 28
Article 3 Standby-by pay ..................................................................................................... 28 Article 4 Overtime Pay ........................................................................................................ 29 Article 5 Compensatory Time Off (CTO) ............................................................................... 29

1. CTO Accumulation. 29

2. Backfilling on CTO. 30

3. Grant-Funded CTO. 30

4. CTO Cash-Out. 30

5. Restoring Leave Caps. 30
Article 6 Vacation Leave ...................................................................................................... 31

1. Vacation Accrual. 31

2. Maximum Accumulation. 31

3. Vacation Cash-Out. 31

4. Illness During Vacation. 31

5. Upon Death. 32

6. Restoring Leave Caps. 32
Article 7 Uniforms and Cleaning .......................................................................................... 32 Article 8 Soft Body Armor .................................................................................................... 32 Article 9 Vehicle Assignment ............................................................................................... 33 Article 10 Education and Reimbursement ............................................................................. 34

1. Approval. 34

2. Alternative Programs Available. 34

3. Education Reimbursement for Pursuit of a Degree. 34

4. Education Reimbursement for Job-Related Courses. 34

5. Safety Education Loan Forgiveness (SELF) Program. 35 Article 11 Physical Fitneess Program ..................................................................................... 36 APPENDIX B – DISPATCH EMPLOYEES ........................................................................................ 37 138

4 Article 1 Probationary Period .............................................................................................. 37 Article 2 Performance Evaluations....................................................................................... 37

1. Annual Performance Evaluation. 37

2. Purpose. 37

3. Procedure. 37
Article 3 Merit Increases ..................................................................................................... 37 Article 4 Additional Compensation ...................................................................................... 38

1. POST Certificate Pay – Dispatch Employees. 38

2. Incentive Pay. 38

3. Solo Dispatch Pay. 38

4. Dispatch Employee Longevity Pay. 38
Article 5 Hours of Work ....................................................................................................... 39

1. Attendance. 39

2. Work Schedules. 39

3. Conflict with FLSA. 40

4. Breaks. 40

5. Dispatch Schedule Meet and Confer. 40
Article 6 On-Call (Standby) Duty .......................................................................................... 40 Article 7 Overtime ............................................................................................................... 41

1. 5/40 Work Schedule. 41

2. Alternative Work Schedules. 42

3. Employee-Requested Flextime. 42

4. Paid Leave Considered Hours Worked. 42
Article 8 Compensatory Time Off (CTO) ............................................................................... 42

1. Overtime Credited as CTO. 42

2. Above CTO Limit. 42

3. CTO Cash-Out. 42

4. Restoring Leave Caps. 43
Article 9 Vacation Leave ...................................................................................................... 43

1. Vacation Accrual. 43

2. Maximum Accumulation. 44

3. Vacation Leave Cash-Out. 44

4. Holiday During Vacation. 44

5. Illness During Vacation. 44

6. Separation From Service. 44

7. Upon Death. 44

8. Restoring Leave Caps. 44
Article 10 Eligible Paid Leave Cash-Out .................................................................................. 45 Article 11 Uniforms and Uniform Allowances ........................................................................ 45 Article 12 Mileage Reimbursement ....................................................................................... 45 139

5 Article 13 Reimbursement for Education or Training ......................................................... 4646

1. Approval. 46

2. Reimbursement. 46
Article 14 Grievance Procedure ............................................................................................. 46 Article 15 Disciplinary Action................................................................................................. 46 Article 16 Contracting Out ..................................................................................................... 47

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6 AMENDED AND RESTATED

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF SUISUN CITY
AND
THE SUISUN CITY POLICE OFFICERS’ ASSOCIATION

INTRODUCTION

This amended and restated Agreement is entered into between the City of Suisun City, (hereinafter "City"), and the Suisun City Police Officers' Association, (hereinafter "SCPOA").

Pursuant to Government Code Section 3500 et seq. and the City of Suisun City Employer/Employee Relations Resolution No. 74-33, the following represents the Agreement reached between the City and the SCPOA, the terms of which will apply to current Employees represented by the SCPOA.

ARTICLE 1 RECOGNITION

1. Job Classes Represented.

The City recognizes the SCPOA as the exclusive representative for the following permanent sworn public safety and miscellaneous dispatch job classes on all matters relating to terms and conditions of employment pursuant to Government Code Section 3500 et seq.

Represented Job Classes
Police Officer
Public Safety Dispatcher I
Public Safety Dispatcher II
Police Sergeant
Senior Public Safety Dispatcher

2. Temporary/Limited-Service Positions.

It is agreed that Temporary Employees, Part-Time Employees, Emergency Employees, Volunteer Employees, and contractors are not governed by this Agreement and are not represented by SCPOA. Employees who work less than full-time are not represented by SCPOA. If an Employee who had occupied a Temporary, Provisional, or grant-funded Position or Classification is subsequently hired into the same job class as a 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. Reduction in Workforce.

In the event that a reduction in the workforce is necessary, the City Manager and the SCPOA shall meet and confer regarding an equitable procedure and/or options to avoid the reduction 141

7 in the workforce. It is not the intent of the City to lay off a Police Officer in order to replace him/her with a Reserve Police Officer.

4. Use of Reserve Police Officers.

The City has an interest in utilizing Reserve Police Officers to assist in patrolling the City and performing other duties to augment services provided to the community by members of SCPOA. The City does not have an interest in supplanting the services of members of SCPOA.

The Parties agree that once properly trained, Reserve Police Officers may be assigned to patrol the City, may perform office duties (such as property and evidence, dispatching, filing, etc.), or may perform other duties as assigned. Reserve Police Officers may be assigned a regular shift to augment the minimum staffing level, as determined by the Police Chief in the General Orders. Reserve Police Officers may fill in for members of the SCPOA who have been assigned a regular shift but are unavailable for duty for the period in question, provided that SCPOA members have been offered and have rejected the offer to work on an Overtime basis. Such offers shall be made based on seniority within job class within the department.

5. Job Requirements.

Employees must maintain a valid POST certification as required for their position, as a condition of employment.

ARTICLE 2 MANAGEMENT RIGHTS AND RESPONSIBILITIES

1. The SCPOA recognizes and agrees that the City Council of the City of Suisun City (hereinafter “City Council”), on its own behalf and on the behalf of the electorate of the City through its bona fide agents, retains and reserves unto itself, limited only by the Articles of this Agreement, all powers, rights, authority, duties and responsibilities conferred upon and vested in it, express or implied, by the laws and the Constitutions of the State of California and of the United States of America.

2. The SCPOA recognizes and agrees that the exercise of the foregoing powers, rights, authority, duties, and responsibilities by the City Council, the adoption of the policies, rules, regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by specific and expressed terms of this Agreement.

3. The SCPOA recognizes and agrees that the City Council's powers, rights, authority, duties, and responsibilities include, but without limiting the generality of the foregoing, the exclusive right to manage, plan, organize, staff, direct and control; to determine levels of service; to establish and change standards; to determine solely the extent to which the facilities of any department thereof shall be operated, including the outside purchase of products or services; the right to introduce new, or improved methods and facilities; and to otherwise take any action desired to run the entire operation efficiently, except as modified by the meet and confer requirement and this Agreement.

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8 4. Any material conflict between this Agreement and approved policies and procedures shall be resolved through the meet and confer process by the City Manager and the SCPOA.

Until such resolution, the approved City policies and procedures shall take precedence.

ARTICLE 3 SUPPORT OF AGREEMENT

1. During the term of this Agreement, the City agrees not to negotiate with any other organization on matters upon which the SCPOA is the exclusive representative and which is within its scope of representation.

2. The SCPOA agrees to negotiate only with the representative officially designated by the City to act on its behalf.

3. It is agreed that neither SCPOA, nor the City shall discriminate against any Employee because of race, national origin, gender, SCPOA membership, or refusal to join SCPOA. The City will not retaliate against any Employee on account of his/her membership in SCPOA, or for exercising his/her lawful rights in SCPOA-related activities.

ARTICLE 4 UNION TIME

1. Negotiating Sessions.

The Parties agree that union business should generally be conducted off City premises and, on the members’ own time. The Parties also agree that it is in each Party’s interest that the lines of communications remain open and accessible to representatives of both SCPOA and the City.

Accordingly, any member serving on the SCPOA’s negotiating team shall not suffer a loss of compensation for participating in meet and confer negotiating sessions. Further, negotiating team members may meet for a period of approximately one-half hour before and after the negotiating sessions. No approval is required if the negotiating session is occurring on the member’s day off. Members will not be compensated for their participation in negotiating sessions that occur on days that they are not scheduled to work.

2. Union Meetings.

Union meetings should generally be conducted off City premises and on the members’ own time. To ensure that members are not disenfranchised, the City agrees to provide paid release time to members on duty, as long as such release time is requested in advance and approved by the City Manager or Designee. The use of City facilities such as the Burdick Center for union meetings may also be approved by the City Manager or Designee, whenever either determines that it would be in the City’s interest to do so.

3. New 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 this orientation is to review and complete required payroll, insurance benefits, and 143

9 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 SCPOA representative provide derogatory information or advocacy about the other.

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

B. One (1) SCPOA representative, officer, steward, or member will be provided an opportunity for a 15- minute private session with the new Employee during the New employee Orientation. SCPOA 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, SCPOA will provide to Human Resources the name and the contact information of its participating representative. The City and SCPOA will mutually agree to a suitable time during the New Employee Orientation for SCPOA’s private meeting with the new Employee. Such private meeting will occur at the same location as the New Employee Orientation.

C. Within 30 days of hire, and annually thereafter, the City will provide SCPOA with Employee contact information in electronic format as required by State law for all represented Employees.

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 Agreement, the applicable sections of the Personnel Rules, as may be amended from time to time, shall apply to the Employees represented by SCPOA. 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 Agreement, the definitions of terms used in this Agreement shall be the definitions provided in Chapter 2 of the Personnel Rules. The Personnel Rules are incorporated herein by this reference; however, the costs associated with the hearing officer provided for in AD 7 with regard to the Level Two appeal of a disciplinary action shall be paid for 100 percent by the City in the case of SCPOA.

ARTICLE 6 COMPENSATION

1. Base Salary.

A. 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 base wage rates set forth in the Citywide Salary Schedule shall be adjusted as follows:
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10 Job Class Monthly
Salary Prior to
Base Wage
Adjustments
Eff. 5/12/23
Base Wage
Increase Eff.
5/12/23
Approx. % of
Base Wage
Increase Eff.
5/12/23
Approx.

Monthly
Salary Eff.
5/12/23
Proposed
Wage
Adjustment
(Rounded 3
decimal point)
Approx.

New
Monthly
Top Step
Total %
Change
Police Officer $6,999 $6/hour 14.9% $8,039 18.487% $9,525 36.1% Police Sergeant $9,195 $6/hour 11.3% $10,235 11.675% $11,430 24.3% Public Safety
Dispatcher I
$5,193 $4/hour 13.4% $5,887 3.138% $6,071 16.9%
Public Safety
Dispatcher II
$5,560 $4/hour 12.5% $6,253 6.802% $6,679 20.1%
Senior Public Safety
Dispatcher
$6,116 $4/hour 11.3% $6,809 7.892% $7,346 20.1%

B. The previous 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 following classifications: Police Officer, Police Sergeant, Public Safety Dispatcher I, Senior Public Safety Dispatcher. 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 maintain their current step placement within the range. Nothing herein requires the City to maintain the 5% differential between steps beyond this successor MOU.

C. The aforementioned base wage adjustments will be effective the first pay period following 7/1/2023, should the parties reach a tentative agreement that is ratified by the SCPOA membership no later than 6/30/2023 and subsequently signed by its authorized labor representatives no later than 7/6/2023.

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.

E. Effective the first full pay period of January 2024, represented Dispatch employees 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, represented Dispatch employees on payroll as of the payment date, shall receive a lump sum retention bonus of one thousand dollars ($1,000.00).

2. Acting Pay.

The City will provide Acting Pay of five (5%) percent for a Police Officer, Sergeant, or Dispatch employee assigned, in writing by the Police Chief, to work out of class in a higher job classification.

Acting Assignments are typically long-term assignments resulting from a vacancy in the higher job 145

11 classification that may occur through separation, extended vacation, or a long-term leave of absence.

A. In order to receive Acting Pay, there must exist a budgeted position, the assignment must be made in writing, and the employee may not refuse to perform any duty or responsibility of the higher job class.

B. 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 at the time of separation.

3. Bilingual Pay.

An 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 Police 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. In order 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.

4. Nighttime Hours Differential.

The City will provide a Nighttime Hours Differential equal to 2.5% of the base salary for Police Officers, Police Sergeants and Dispatch employees assigned to work any payable amount of time (to the nearest 15 minutes) between the hours of 6:00pm – 6:00am.

A. The Nighttime differential shall not be paid to any day shift personnel, unless approved by the night shift supervisor to cover a vacancy after 6:00pm.

B. The Nighttime hours differential shall be payable only for time worked during the shift premium period and shall not be paid for non-work time such as sick leave, vacation, or other paid leave.

5. Court Appearances.

This section shall apply to Police Officers, Police Sergeants and Dispatch employees.

A. Employees who are required to appear in court during off-duty hours as a result of an event arising from their official duties shall be compensated for their appearance in court at the applicable Overtime Rate. The Court Appearance Minimum shall be four (4) hours at the applicable Overtime Rate. The Court Appearance Minimum shall not overlap with compensation for any regularly scheduled duty time.

B. If the court appearance is required during the Employee's assigned duty shift (watch) and the court appearance causes an Employee to extend beyond their regular scheduled end of watch time, such extended time shall be considered an extension of the duty shift.
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12 C. Time for court appearances shall be computed from sign in until time released.

D. The Court Appearance Minimum shall be granted to an Employee if the court appearance (or subpoena) is cancelled less than twenty-four (24) hours prior to time of appearance. If an employee has multiple subpoenas on the same day and all are cancelled less than twenty-four (24) hours prior to the Court appearance, the employee will only be eligible for the Court Appearance Minimum.

E. Should the Employee receive two subpoenas and one is cancelled while the other still requires the employee to attend court, then the employee will only be compensated for the actual appearance. In this instance, an Employee will not be entitled to the Court Appearance Minimum for the cancelled appearance.

A. Except as otherwise provided in articles pertaining to CTO accrual, Court Appearance compensation shall be in the form of a cash payment or CTO at the Employee's option.

6. Call-Back Pay.

This section shall apply to Police Officers, Police Sergeants and Dispatch employees.

A. All Employees, who are required to return to work outside of their normal working hours, shall receive Call-Back Pay at the applicable Overtime Rate for a minimum of 2.0 hours.

B. If the call-back time is not canceled prior to the Employee's arrival for duty, the Employee shall be compensated for a minimum of 2.0 hours at the applicable Overtime Rate.

C. This form of compensation applies to a situation where an Employee is required to appear before or attend a City or Department board, committee, or any other function, with the following exceptions:
1) If an Employee requests a meeting, or appears as an applicant before any board, committee, etc., the Employee shall not receive any type of compensation for such activities.
2) If an Employee is called back due to times or details missing from a report of enough importance that it cannot wait until the Employee’s next assigned shift, the Employee will not be compensated for a "call back" under this section. The Employee will be compensated only at the applicable Overtime Rate for the actual time spent completing the report.

D. Except as provided in the articles pertaining to CTO accrual, compensation for call-back time shall be the form of a cash payment or CTO at the option of the Employee.

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13 ARTICLE 7 HOLIDAY LEAVE

1. Holiday Leave Accrual.

In lieu of observing Municipal Holidays as provided in AD 7, Personnel Rules, Holiday Leave shall be accrued by adding 4.0 hours per pay period to the Holiday Leave account and an additional eight (8) hours on the nineteenth day of June. Holiday Leave is accumulated separately from Vacation Leave. Holiday Leave may be used for paid leave purposes (essentially in the same manner as Vacation Leave). In order to encourage Employees to take advantage of their holiday time, a maximum of two hundred (200) hours is allowed to accrue in that balance.

Employees may take approved time off using Holiday Leave or stop accruing Holiday Leave until the balance is reduced below two hundred (200) hours. If an Employee is at the limit, they must request to take Holiday 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 would result in discontinuing the accrual of Holiday Leave until the balance is reduced by twenty (20) hours.

Employees may not cash out Holiday Leave except upon leaving City service or during the annual January cash out.

2. Holiday Leave Cash-Out.

The Finance Department will send out a request form, in November of the preceding year, that includes written verification of each Employee’s current Holiday Leave balance. Employees may make an irrevocable request for the upcoming calendar year to cash-out Holiday 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 which must be in the calendar year preceding the January cash- out. No Holiday Leave 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.

3. Restoring Leave Caps.

The parties agree that the previous contractually agreed upon leave caps shall be restored effective July 1, 2024. 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 2024. The parties agree that employees will then have one (1) year, until July 1, 2024, 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 July 1, 2024, 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 one (1) year period to give employees time to sufficiently reduce their leave accruals to avoid future loss of accruals when the hard cap is imposed.

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14 ARTICLE 8 HEALTH AND WELFARE

1. Core Flex Plan.

The City will contribute a Core Flex Plan amount equivalent to the Kaiser Permanente Region 1 Premium for Employee, Employee plus one, and Employee plus Family toward the monthly premium cost. Should the premium cost of the health plan selected by the employee be less than the Kaiser Permanente Region 1 premium, the City shall pay no more that the full cost of the 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.

2. Flexible Benefit Options.

The City agrees to provide a five hundred ($500) dollars per month (employee only) and seven hundred ($700) dollars 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 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 each Open Enrollment Period established by the City.

3. Restrictions.

An Employee may either enroll in the Core Flex Plan or may 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 sworn member of SCPOA lose his/her 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. 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. Medical Conversion Plan.

SCPOA sworn members with 12 years or more of service with the City, who separate from City service on good terms, may remain on the City’s medical plan, providing that the plan allows for continued participation. The member shall assume full responsibility for payment of the insurance premium.

6. Sick Leave Conversion to Fund Medical Premiums.

Upon normal retirement of a sworn member from the City, 25.0 percent of an Employee’s Sick Leave balance may be converted to a cash equivalent and used to fund medical premiums. This 149

15 conversion will be deducted from the amount reported for CalPERS credit in Section 2 of Article

9. ARTICLE 9 RETIREMENT

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 who do not meet those criteria shall be considered PEPRA New Employees.

1. Classic Miscellaneous Employee Benefits.

Except as provided in this Article, The City agrees to provide the 2.0 percent at 55 CalPERS Retirement Plan, including the 1959 Survivor's Benefit Level 3, for Miscellaneous Employees.

The City shall pay the Employer’s contribution. The employee shall pay the Employee’s contribution as established by CalPERS.

A. One-Year Final Compensation. The City provides one-year final compensation pursuant to Government Code Section 20042.

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

C. All miscellaneous employees covered by this MOU will receive an increase to their base hourly rate of 7.5 percent in exchange for Classic miscellaneous employees paying the full employee contribution along with PEPRA employees as soon as practicable after CalPERS approval of the EPMC change.

2. Classic Safety Police Employee Benefits.

The City agrees to participate in the CalPERS 3.0 percent at 50 Retirement Plan, with One-Year Final Compensation and Credit for Unused Sick Leave Government Code Sections 20042 and 20965 respectively. This Credit will be reduced by the number of hours converted to cash pursuant to Section 6 of Article 8. The City shall pay the Employer’s contribution. The employee shall pay the Employee’s contribution as established by CalPERS.

A. The City agrees to continue to provide Level 4, Survivor Benefits through Public Employees Retirement System, (hereinafter “PERS”).

B. Consistent with Internal Revenue Code Section 414(h)(2), the contribution paid by the Employee shall be deducted from each Employee’s gross pay on a pre-tax basis.

C. Employees will receive an increase to their base hourly rate of 5.5 percent in exchange for Classic members paying the full employee contribution along with PEPRA employees as soon as practicable after CalPERS approval of the EPMC change.

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16 3. PEPRA New Miscellaneous Employee Benefits.

The City agrees to provide 2.0% at 62 PERS Retirement Plan for Public Employees’ Pension Reform Act of 2013 (PEPRA) New Miscellaneous 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 EPMC is available. Should any provision in this Agreement be determined to be in conflict with PEPRA, the provisions of PEPRA shall take precedence.

4. PEPRA New Safety Police Employee Benefits.

The City agrees to provide 2.7% at 57 CalPERS Plan for PEPRA New Safety Police 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 EPMC is available. Should any provision in this Agreement be determined to be in conflict with PEPRA, the provisions of PEPRA shall take precedence.

ARTICLE 10 LIFE INSURANCE

Group Life Insurance. The City agrees to keep a life insurance policy in full force and effect that provides a $200,000 death benefit for each represented member.

ARTICLE 11 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 12 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 13 WORKERS’ COMPENSATION

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

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17 ARTICLE 14 STATE DISABILITY INSURANCE COVERAGE

1. State Disability Insurance.

The City shall participate under the State Disability Insurance Program (hereinafter “SDI”) for Dispatch employees represented by SCPOA. Sworn members of the SCPOA do not participate in SDI.

2. Payment of SDI Premiums.

SDI premiums shall be paid in full by all participating Employees.

ARTICLE 15 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 going leave without pay. Rules pertaining to additional leaves of absence are contained in the City's Personnel Rules and Regulations.

ARTICLE 16 LIGHT DUTY

1. Any Employee, who previously has been off duty due to injury, 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 17 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’ Comp benefits.

4. Employees who have exhausted their Sick Leave balances may use accrued Vacation Leave, CTO, and/or Holiday 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.

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18 ARTICLE 18 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 thirty (30) hour 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 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, CTO, and/or Holiday Leave in conjunction with Workers’ Comp/SDI benefits to create the equivalent of at least a thirty (30) hour or greater workweek, exclusive of Overtime.

3. Non-Payroll Status.

A. Any Employee off work on SDI who has exhausted his/her benefits under FMLA, CFRA, or PDL, and who has insufficient accrued paid leave balances to create the equivalent of at least a thirty (30) 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, Sick and Holiday), 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.

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19 B. An Employee off work on Workers’ Compensation, and who has insufficient accrued paid leave balances to create the equivalent of at least a thirty (30) hour or greater workweek, exclusive of Overtime shall be considered in a Non-Payroll Status. The Employee will no longer accrue paid leave (Vacation, 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.

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 19 WORKERS’ COMP/SDI MEDICAL LEAVE

1. Employee Options Regarding SDI Medical Leave.

There are 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, CTO, 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, CTO, and/or Holiday Leave, 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 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 thirty (30) hour or greater workweek, exclusive of Overtime.

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

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20 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%) percent of their normal pay, exclusive of Overtime.

3. How a Supplement is Treated.

The Employee shall receive up to one hundred (100%) percent of their gross salary rate including any regular hours worked and leave accruals to cover time off (Sick leave, Vacation, CTO and/or Holiday Leave), 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%) percent of Employee’s gross salary rate when combining the supplemental amount provided by Workers’ Comp/SDI with integrated leave.

4. Paid Leave Accrual.

An Employee shall earn Sick Leave, Vacation Leave, and Holiday 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. 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 20 PAYROLL DEDUCTION

Upon receipt of an authorized form from an Employee, the City shall make credit union or bank deductions from the Employee's check. Upon written request, the City will advise the SCPOA of all deduction changes for its members.

ARTICLE 21 OUTSIDE EMPLOYMENT

1. Employees may engage in outside employment, in addition to their City employment, only under the following conditions (as provided by the Personnel Rules, the Police Department “Policies and Procedures Manual”, California Penal Code Section 70, and California Government Code Section 1126):

A. There shall be no conflict of interest or incompatibility with the Employee's City employment. No Employee shall engage in employment as a Notary Public, Private Detective, Bill Collector, or Counselor at Law. Furthermore, no Employee shall have as a business partner any person whose occupation would fall into the above categories.

Furthermore, no Employee shall engage in or participate either directly or indirectly as principal, agent, or employee of:
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21 1) Any tow car, motor vehicle wrecker, ambulance service, or taxicab service. 2) Any establishment where the sale of liquor is the principal business. 3) Any employment dealing with the investigation or adjusting of claims or losses arising out of motor vehicle or other types of accidents. 4) Any employment with any other Law Enforcement Agency, custodial, corrective or investigative agency, or any other type of employment requiring the "power of a peace officer," or in any job where a concealed weapon could be used as part of the Employee function, except as provided in Subsection A.5. below. 5) The City agrees to meet and confer to develop a side letter that lays out the specifics of a program that would allow Employees to seek approval for outside employment under certain conditions. These conditions would include armed private security but would not include temporary employment with other public law enforcement agencies.

B. The time involved in outside employment shall not adversely affect the Employee's attitude or efficiency in the Employee’s City employment. Unless authorized by the Police Chief, part-time work shall not be performed within 8.0 hours preceding the Employee's normal duty hours with the City of Suisun City. The total time worked shall not exceed 24.0 hours in any seven consecutive days.

C. No telephone calls or personal contacts concerning the outside employment shall be made during the hours of City employment. The Employee shall not conduct or promote in any manner, the Employee’s part-time work while on duty, and the Employee shall not use any of the facilities of the City for that purpose.

D. Each Employee shall report all outside employment to the Police Chief and shall secure the written approval of the Police Chief and the City’s Personnel Officer prior to the commencement of outside employment. Any Employee desiring to engage in outside employment on a part-time basis shall forward a written request to the Police Chief, in duplicate, outlining the nature of the part-time work, name of employer and whether it is to be long- or short-term work.

2. Employees engaged in part-time work shall not expect or request special consideration as to shift arrangement, illness or injury due to part-time work, or tardiness when starting shift.

In the event of illness or injury occurring while engaged in part-time work, a doctor's examination shall be requested before resuming City duties. Part-time employment shall not be engaged in when an Employee is off ill and cannot perform the Employee’s duties for the City.

ARTICLE 22 LAYOFF AND REEMPLOYMENT

Rules regarding Layoff and Reemployment are set forth in Section 13.2 of the Personnel Rules.

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22 ARTICLE 23 GENERAL PROVISIONS

1. Severability.

If any provision of this Agreement shall be held invalid by operation of law or by any court of competent jurisdiction, or if compliance with enforcement of any provision shall be restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and the Parties shall enter into negotiation for the sole purpose of arriving at a mutually satisfactory replacement for such provision.

2. Full Understanding.

The Parties agree that this Agreement 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 provided Appendix A, Article 4 and Appendix B, Article 5, the Parties agree that neither Party shall be required to meet and confer concerning any specific provision of this Agreement during the term of this Agreement.

4. Reopeners.

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

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. 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 SCPOA.

C. Update/Amend/Replace the City’s Employer-Employee Relations Resolution; and

D. Update/Amend the City’s Administrative Directive AD7 – Personnel Rules & Regulations.

E. 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.

F. Notwithstanding the provisions of California Government Code section 20516.5, the Parties agree that the above-indicated represent the only grounds for reopening the Agreement during its term.

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23 5. Savings Clause.

In the event that the implementation of any article, section, subsection, or paragraph of this Agreement 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 SCPOA shall, if possible, meet and confer for the purpose of endeavoring to agree on a replacement for such article, section, subsection, or paragraph.

6. No Strike/Lockout.

The SCPOA 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 Agreement.

7. Successor Agreement.

This Agreement shall be in full effect from July 1, 2023 through and including June 30, 2025.

Either Party may serve upon the other its written request to commence negotiations for such successor Agreement as early as February 1, 2025. Upon receipt of such written notice, negotiation sessions 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 agreement 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, 2025.

8. Distribution of Agreement.

Within ten (10) days of the adoption of this Agreement, all covered Employees shall receive a copy of the Agreement. The “copy” may be provided in electronic format.

9. Effective Date.

The effective date of this Agreement shall be July 1, 2023.

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24 APPENDIX A – SWORN LAW ENFORCEMENEMPLOYEES

ARTICLE 1 ADDITIONAL COMPENSATION

1. Entry-Level Police Officer Probationary Period and Merit Increases.

Notwithstanding AD 7, the “Anniversary Date” for entry-level Police Officers is twelve months from the date of hire instead of the date of completion of probation. Police Officers are eligible for merit increases on their Anniversary Date and annually thereafter. Upon the successful completion of Probation with 18 months service, however, an entry-level Police Officer at B Step is eligible to advance to C Step. This advance to C Step will not change the employee’s Anniversary Date or eligibility for future Merit Increases on their Anniversary Date. When an entry-level Police Officer’s Probation is extended, their Anniversary Date may be modified. Police Officers who are not at the top step of their Pay Range shall be eligible to advance to the next step in the range within the timeframes indicated above, subject to a performance evaluation and the Police Chief’s recommendation.

2. Lateral Police Officer and Police Sergeant Probationary Period and Merit Increases.

All newly appointed Police Sergeants and Lateral Police Officers will serve a probationary period of 12 months. All Police Sergeants and Lateral Police Officer hires who have successfully completed their probationary period will be eligible for a merit increase. Advancement within a Pay Range shall not be automatic; all increases shall be based on merit. Annually on the anniversary of the appointment to Police Sergeant or as a Lateral Police Officer, Employees will be eligible to advance to the next higher step. Police Sergeants and Lateral Police Officer hires who are not at the top step of their Pay Range shall be eligible to advance to the next step in the range within the timeframes indicated above, subject to a performance evaluation and the Police Chief’s recommendation. A Lateral Police Officer hired at Steps A or B, shall be eligible for the same merit advancement schedule as provided to Entry-Level Police Officers.

3. POST Certificate Pay – Sworn Officers.

Certificate Pay shall be provided for Employees who have earned a Peace Officer Standards and Training, (hereinafter “POST”) Basic Certificate, Intermediate Certificate and Advanced Certificate.

Pay will be provided the pay period immediately following receipt of the certification from POST effective the issue day of the certificate.

A. POST Basic Certificate. The City agrees to pay two (2%) percent of Base Salary for Police Officers who have earned a POST Basic Certificate.

B. POST Intermediate Certificate. The City agrees to pay an additional five (5%) percent above POST Basic Certificate Pay for Police Officers and Police Sergeants who have earned a POST Intermediate Certificate.

C. POST Advanced Certificate. The City agrees to pay an additional five (5%) percent above POST Intermediate Certificate Pay for Police Officers and Police Sergeants who have earned a POST Advanced Certificate.
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25 4. Police Corporal Assignment Pay.

Police Officers, serving on Special Assignment as Police Corporals, who are not receiving any other Assignment Pay, shall receive additional pay for this assignment. Police Corporal Assignment Pay shall be calculated as an hourly rate equivalent to five (5%) percent of the employee’s base hourly rate of pay.

5. Field Training Officer Assignment Pay.

Police Officers, who are certified FTO Trainers, and not receiving any other Assignment Pay, shall receive FTO Assignment Pay while they are training a regular or reserve officer. At no time shall FTO Assignment Pay for one or more FTOs who are training the same trainee for one shift exceed the total hours worked by the trainee during that shift. FTO Assignment Pay shall be calculated as an hourly rate equivalent to 5.0 percent of the employee’s base hourly rate of pay.

6. Officer-in-Charge Assignment Pay.

Police Officers, who are not receiving any other Assignment Pay, shall receive OIC Assignment Pay while they are serving as the Officer in Charge (hereinafter “OIC”) in the absence of a Police Sergeant for a period of at least one hour. OIC Assignment Pay shall be calculated as an hourly rate equivalent to five (5%) percent of the employee’s base hourly rate of pay.

7. Detective Assignment Pay.

Police Officers and Sergeants serving on special assignment as Detective, who are not receiving any other Assignment Pay, shall receive Detective Assignment Pay. Detective Assignment Pay shall be calculated as an hourly rate equivalent to five (5%) percent of the employee’s base hourly rate of pay.

8. Sworn Officer Longevity Pay.

Upon the completion of five (5) years of continuous full-time City service, represented employees shall be entitled to a three (3%) percent increase in compensation; employees who complete ten (10) years of continuous full-time City service shall be entitled to an additional three (3%) percent increase in compensation (for a total of six (6%) percent).

9. Range Qualification.

With the prior approval of an Employee’s supervisor, range qualifications on off-duty hours shall be paid at the applicable Overtime Rate for a minimum of 2.0 hours. Except as provided in the articles pertaining to CTO accrual, the time shall be in the form of a cash payment or compensatory time off (hereinafter “CTO”) at the Employee’s option.

ARTICLE 2 HOURS OF WORK

1. Workweek/Workday.

At the discretion of the City, Regular Full-Time Employees shall be assigned to one of the following work schedules:
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26 A. A forty (40) hour workweek consisting of five (5) consecutive eight (8) hour days in a seven (7) day period (hereinafter “5/40”), beginning at noon on Friday through 11:59 am on the following Friday. All other work schedules shall be considered Alternative Work Schedules (AWS).

B. Authorized Alternative Work Schedules include: four (4) consecutive ten (10) hour days in a seven (7) day period (hereinafter “4/10”), or nine (9) workdays totaling eighty (80) hours during a fourteen-day period (hereinafter “9/80”), or twelve (12) hour shifts consisting of six (6) workdays of twelve (12) hours and a seventh (7th) workday of eight (8) hours, totaling eighty (80) hours during a fourteen-day period (hereinafter “3/12/8”), or twelve (12) hour shifts consisting of seven (7) workdays during a fourteen (14) day period (hereinafter “3/12”). AWS may include any other configuration approved by the Police Chief and City Manager.

C. AWS Assignments are subject to recommendation of the Police Chief and City Manager approval and shall not be considered permanent. At such time as the Police Chief and City Manager determine that an AWS does not meet departmental needs for any or all employees, the City can change or discontinue the AWS upon thirty (30) day notice to the affected employee(s) and the SCPOA of the change or discontinuation, with no meet and confer required, but the SCPOA shall be afforded the opportunity to explore alternative, nonbinding options, with the Police Chief during that 30-day notice period.

The POA retains the right to file a grievance over this provision.

2. Rest Periods.

Whenever an employee is assigned to a fixed schedule shift of more than 10 hours, there shall be a mandatory minimum rest period of eight (8) consecutive hours between the end of one scheduled work shift and the start of the next scheduled work shift. Mandatory rest periods interrupted by a court appearance will begin 30 minutes after the employee is released from court, rounded to the nearest quarter hour.

Example:

A. If an employee completes a regular work shift at 6 a.m. and has a scheduled court appearance at 2 p.m. the same day, the 8 consecutive hours occurs between 6 a.m. and 2 p.m. and there is no mandatory rest period after the court appearance is completed.

B. If an employee completes a regular work shift at 6 a.m. and has a scheduled court appearance at 8:30 a.m. the same day, and the court appearance is over by 9:30 a.m., the 8 consecutive hours start at 10 a.m. and ends at 6 p.m., the beginning of the next work shift. Therefore, there is no mandatory rest period after the court appearance is completed.

C. If an employee completes a regular work shift at 6 p.m. and has a scheduled court appearance at 10 a.m. the same day, and the court appearance is over by 10:45 a.m., the 8 161

27 consecutive hours starts at 11:15 a.m. and ends at 7:15 p.m. The employee is not required to take vacation, holiday, compensatory time or unpaid leave to cover the absence. An employee requiring a mandatory rest period shall immediately coordinate that absence with the on-duty supervisor.

3. Exceptions to Mandatory Rest Period.

In the event of a critical incident and/or when the shift falls below the minimum staffing (1 supervisor and 2 officers), employees may be ordered by the shift supervisor to return to work before the 8 consecutive hours of rest period are completed. The remaining hours of the mandatory rest period not completed, shall be compensated at the applicable Overtime Rate.

Example:

A. If an employee completes a regular work shift at 6 a.m. and has a scheduled court appearance at 1:30 p.m. the same day, and the court appearance is over by 4 p.m., and the 8 consecutive hour starts at 4:30 p.m. and ends at 12:30 a.m.

B. If the employee is ordered to return to work before 12:30 a.m., those hours after the start of their scheduled shift (6 p.m.) until the end of the consecutive 8 hour rest period (12:30 a.m.) shall be compensated at the applicable Overtime Rate.

4. Work Schedule.

A. Except as provided in Subsection D of this Section, the City shall not reschedule an Employee’s shift to split the Employee’s days off. If an Employee requests a shift change with another Employee, this shall not be considered a rescheduling by the City and the Employee shall not be paid at the Overtime Rate.

B. Except as provided in Subsection D of this Section, in the event the City changes an Employee’s regularly scheduled shift without at least five days’ notice, those hours shall be paid at the applicable Overtime Rate. Notice shall consist of oral notification or written notification placed in the Employee’s shift box.

C. Except as provided in Subsection D of this Section, in the event the City assigns or schedules an Employee to work a shift with notice of fewer than twelve hours between his/her last assigned shift or scheduled duty, then the second shift shall be paid at the applicable Overtime Rate.

D. The exceptions to Subsections A, B, and C of this Section are as follows:
1) Employee-requested shift changes.
2) Changes made in the schedule of an Employee assigned to a training function. 3) A general departmental shift change.
4) Employees assigned to a short-term, non-patrol function such as: boat patrol, crime suppression, major incident call outs, DUI checkpoints, and SWAT. 5) Time already compensated under the Overtime provisions of this Article.

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28 E. Employees will be given the opportunity to indicate shift preference on a seniority basis.

When making shift assignments, the Department shall consider such preferences, but they shall not be binding. Employees may remain on the same shift for up to 18 months.

5. Meal Periods
A. Except as provided in Section D of this subsection, all Employees shall be entitled to a 45-minute meal period to be included in the regular shift.

B. Employees assigned to a course of training, a non-patrol assignment, and who are not required to be on-duty during their meal period, shall not be compensated for the time spent on the meal period.

C. Employees assigned as the School Resource Officer (SRO) or to an investigations assignment shall be afforded a paid one-half hour lunch period, during which the SRO shall be subject to call-out.

D. Officers assigned to court shall be compensated for time spent on their meal period, providing they are required to return to court after the meal period.

6. Flex Time.

Time worked in excess of the Employee’s regularly scheduled Workday may be taken as “flex time” on an hour-for-hour basis provided that:

A. The time is taken within the same workweek that it is earned; and

B. The determination that such time is considered “flex time” is mutually agreed upon by the Employee and the Employee’s supervisor; and

C. The supervisor adjusts the posted work schedule.

ARTICLE 3 STANDBY-BY PAY

Any Employee who is required by a directive from a first-level supervisor or above, or an order by the Court or the District Attorney or his/her representative, to remain available for duty or to remain available to appear in Court (and is thereby placed on “stand by”) and is restricted from travel to any area or location which would preclude the Employee’s return to duty within one hour, or is required to maintain telephone contact or pager contact at all times during such stand-by period, shall receive Stand-By Pay, which shall be compensated at the rate of one-half of the Employee’s Regular Salary (straight-time hourly) rate for the time period that the Employee is on “stand by”.

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29 ARTICLE 4 OVERTIME PAY

1. For the purpose of Overtime and minimum time calculations, 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.

2. The Work Period for Sworn Employees is 14-days per the FLSA 7K exemption. Sworn employees will be paid at the Overtime Rate for all hours worked in excess of eighty (80) hours per 14-day FLSA work period.

3. All time on paid leave status will be considered hours worked for the purpose of computing Overtime.

4. Work schedules may be temporarily realigned for Employees attending Job-Related Training. Consistent with the realigned work schedule, Employees traveling to and from such training outside of those work hours, minus the time it would take to drive to and from their residence to the SCPD, shall be compensated by the City. The Employee shall receive written approval in advance for such compensated travel.

5. Employees attending job-related and assigned training shall receive credit for the total amount of hours scheduled for that training even if it is less than the original scheduled time.

Employee travel time, however, shall not be calculated as overtime if that travel time falls within the scheduled course hours.

6. When an Employee is expected to be absent for one or more workweeks for Workers’ Compensation Leave (4850 or Temporary Total Disability), Sick Leave, Family or Medical Leave pursuant to state and federal law, or a non-paid status, the employee’s work schedule shall be converted to a five (5) day, forty (40) hour workweek at the beginning of the work period following receipt of such information, or, if known prior to the work period in which the absence will occur, at the beginning of the work period in which the absence begins.

7. Employees working on an authorized and documented temporary assignment under Light Duty or a Reasonable Accommodation will have their work schedule changed to meet the needs of the unit to which they are assigned during these temporary assignments.

8. The parties agree to meet and confer regarding implementation of a different FLSA work period for sworn employees.

ARTICLE 5 COMPENSATORY TIME OFF (CTO)

1. CTO Accumulation.

Except as otherwise provided in this Article, an Employee shall have the discretion to have the compensation for hours worked on an Overtime basis credited as either CTO or paid Overtime.

The maximum accumulation of CTO is as follows: the first 10 years of City service: 160.0 hours; 164

30 over 10 years of City service: 200.0 hours. If an Employee is at or above the CTO limit, he/she will prospectively only get paid Overtime (as opposed to CTO) for Overtime worked. Once the CTO balance has been reduced by 40 hours below the limit, an Employee will again be allowed to accrue CTO as opposed to receiving Overtime pay. Employees shall schedule time off using CTO only with prior Police Chief approval.

2. Backfilling on CTO.

When one Employee uses CTO to be off work on a paid basis, and if the Employee who backfills the first Employee would be working in an Overtime situation, the backfilling Employee may not accrue CTO for that backfilling role.

3. Grant-Funded CTO.

In order to ensure that the General Fund in not negatively impacted, Employees working Overtime on a grant-funded project or assignment shall receive compensation for Overtime hours worked on a paid basis only.

4. CTO Cash-Out.

Employees are allowed to cash out a maximum of sixty (60) hours of CTO as accrued by January of each year). The combined total annual cash-out between Vacation, Holiday and CTO may not exceed sixty (60) 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.

5. Restoring Leave Caps.

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31 ARTICLE 6 VACATION LEAVE

1. Vacation Accrual.

The accumulation of Vacation Leave shall commence effective with the date of hire according to the following schedule and be prorated on a pay period basis:

A. For the first five years of service. Employees shall earn and be credited with Vacation Leave at the rate of 80.0 hours per year (3.08 hours per Pay Period).

B. Commencing with the sixth year. Employees shall earn and be credited with Vacation Leave at the rate of 120.0 hours per year (4.62 hours per Pay Period).

C. Commencing with the eleventh year. Employees shall earn and be credited with Vacation Leave at the rate of 144.0 hours per year (5.54 hours per Pay Period).

D. Commencing with the sixteenth year of service. Employees shall earn and be credited with Vacation Leave at the rate of 160.0 hours per year (6.15 hours per Pay Period).

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 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, he/she 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 accrual of Vacation Leave until the balance is reduced by 40 hours.

3. Vacation Cash-Out.

Employees may not cash out Vacation Leave except upon leaving City Service or during the annual January cash-out. The combined total annual ash-out between Vacation, Holiday and CTO may not exceed sixty (60) 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 Vacation balance. Employees may make an irrevocable request for the upcoming calendar year to cash-out Vacation 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. No Vacation cash-out election will be allowed for any Employee for a period of four months following the last day for a suspension from duty for disciplinary reasons.

4. 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. 166

32 5. Upon Death.

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

6. Restoring Leave Caps.

ARTICLE 7 UNIFORMS AND CLEANING

A clothing allowance shall be paid by the City as provided below:

1. Uniform Allowances. Annually, the City shall pay those Employees required to wear uniforms $1300, to be paid in regular paychecks on a pro-rata basis, equally divided across each of the 26 paychecks.

2. New Employees may receive an advance of their first uniform allowance payment.

Should a new Employee leave employment with the City prior to completion of one year, the advanced clothing allowance shall be withheld from his/her final paycheck or shall otherwise be returned to the City.

3. If an Employee terminates employment with the City prior to the payment of the allowance, the Employee shall not receive the clothing allowance.

4. The City agrees to replace or repair uniforms or equipment required by general order of the department that are damaged in the scope of employment. Said repairs should be completed only when they do not adversely affect the appearance or function of the item.

Items of substantial age or heavily worn may be prorated for replacement.

ARTICLE 8 SOFT BODY ARMOR

1. The City will purchase a soft-body armor vest for each officer. 167

33 2. The vendor will be chosen by the City. The department will purchase up to a level II vest. Any vest upgrade will be the responsibility of the officer, who will forfeit that upgrade should they have to relinquish the vest to the department due to separation during probation as outlined in item 6 of this section.

3. The City will replace the safety vest five years after the date of purchase or upon proof that the vest is defective.

4. The vest shall remain the property of the City. Ownership shall transfer to the Employee if the Employee separates from service on good terms after at least one year of employment, or upon completion of probation in the case of newly hired officers.

5. The Employee shall be required to wear the vest while assigned to patrol duties.

6. Should an Employee separate from City Service prior to the completion of probation, the vest shall be returned to the City.

ARTICLE 9 VEHICLE ASSIGNMENT

1. Having personnel with expertise in investigations on an on-call status is crucial to the daily operations of this agency. Those personnel assigned to Investigations are required to respond as rapidly as possible to an event requiring their expertise. For this reason, the Department may assign a take-home vehicle to members assigned to Investigations and subject to being on-call. It is the policy of the Suisun City Police Department to restrict the assignment of such vehicles to individuals within a seventy-five (75)-mile radius from the Police Department, except as otherwise approved by the Police Chief.

2. Members assigned a take home vehicle are to adhere to the provisions of the Police Department’s Vehicle Use and Drug and Alcohol-Free Workplace policies, except as follows:

3. Members assigned to Investigations, with the approval from the Police Commander, are authorized to take an assigned city vehicle home. City owned vehicles are to be left at the Police Department during vacations or other periods of leave or extended leave or extended absence, except as authorized by the Police Commander.

4. When a member is on-call, the vehicle may be operated for local usage to maintain their on-call availability and in lieu of on-call or standby compensation. The member is required to be reachable by phone, able to return to work within sixty (60) minutes of being called and is to refrain from activities which might impair their ability to safely perform assigned duties.

5. When a member is not on-call, off duty usage is restricted to travel to and from work or other work-related purposes. Limited, incidental personal business while traveling to and from work is allowable.
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34 6. Members may carry passengers in the vehicle; however, they shall not dress in a manner or exhibit conduct that will bring discredit upon the City. Members are responsible for the appearance and conduct of all passengers in their take-home vehicle.

ARTICLE 10 EDUCATION AND REIMBURSEMENT

1. Approval.

On the written recommendation of the Police Chief and the written approval of the City Manager, an Employee may embark on an approved course of study 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. If the Police Chief does not recommend reimbursement for a course of study, then the Employee may appeal to the City Manager, whose decision shall be final. Employees shall not engage in any course of study covered herein, while on duty. 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. Alternative Programs Available.

Each fiscal year employees may choose from one of the following Education Reimbursement programs: A) Reimbursement of up to $1,800 for pursuit of a college degree, B) Reimbursement of up to $750 for job-related courses or a certificate program; or C) a loan under the Safety Education Loan Forgiveness (SELF) Program. Courses require pre-approval, prior to the date of enrollment in the course, to ensure the expense is eligible under the MOU.

3. Education Reimbursement for Pursuit of a Degree.

For those Employees pursuing an Undergraduate or Graduate Degree, the maximum reimbursement is $1,800 per fiscal year for eligible expenditures that have occurred during that fiscal year. Upon successful completion of the course work (a grade of “C” or better), the Employee shall submit to the Police Chief copies of dated receipts showing education costs (tuition, books, materials), as well as transcripts, grades or certificates showing successful course completion.

4. Education Reimbursement for Job-Related Courses.

For those Employees pursuing an approved course of study that does not involve receiving a college degree, the maximum reimbursement is $750 per fiscal year. Upon successful completion of the course work (a grade of “C” or better), the Employee shall submit to the Police Chief, copies of dated receipts showing education costs (tuition, books, materials), as well as transcripts, grades or certificates showing successful course completion.

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35 5. Safety Education Loan Forgiveness (SELF) Program.

SCPOA and the City agree with the interest of enhancing the training and retaining of SCPD employees. The Safety Education Loan Forgiveness (SELF) Program provides a forgivable loan amount of up to a maximum $10,000 per employee for a program leading to a bachelor’s degree or other advanced degree (master’s or doctorate). The City would pay an amount up to $5,000 per fiscal year to the employee for tuition and related direct expenses as provided below:

A. In order to be eligible for the program, an employee must have been an employee of SCPD for a minimum of one (1) year and have completed field training. The course of study must be approved in advance, be relevant to the City, and be from a regionally accredited, degree-granting institution. Course of study may include courses in a job- related field, or to improve opportunities for advancement or promotion within the City.

B. Employees would have up to a maximum of four (4) years to successfully complete the program by obtaining their degree. The maximum loan amount is limited to $5,000 per year, with a total of $10,000 per employee within the four (4) year period.

C. If an employee (1) does not complete the program within the four years, (2) quits the program, or (3) leaves City service prior to completion of the program, repayment of all funds disbursed under the program would be due back to the City. The repayment would be required to be paid via a payroll deduction (presumably from paid leave cash- out). In the event of insufficient paid leave balances, employees would be permitted to spread the amount due back to the City in equal payments for up to one (1) year, provided they are in City service during this time. If they leave City service during this repayment period, any balance remaining on the final date of employment would become immediately due and payable.

D. Upon successful completion of the program, provided an employee remains in City service, the SELF Program loan would be forgiven after the completion of five years of city service after graduating. If an employee successfully completes the program, but leaves City service prior to this time, the loan would be required to be paid via a payroll deduction (presumably from paid leave cash-out) based on the following schedule:

1) 100% repayment for an employee who leaves City within one (1) year after graduation from the program.
2) 75% repayment for an employee who leaves City service during the within two (2) year after graduating the program.
3) 50% repayment for an employee who leaves City service during the within three (3) years after graduating the program.
4) 25% repayment for an employee who leaves City service during the within four (4) years after graduating the program.

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36 E. Loan Forgiveness. The city agrees that any loan amount up to ten thousand dollars ($10,000.00) dollars provided under the SELF program will be forgiven if the employee earns a bachelor’s degree or higher and completes five (5) years of services with the city after graduation. If the employee separates from city service or does not complete the program within the four years, the employee will be required to reimburse the city per the schedule outlined herein.

ARTICLE 11 PHYSICAL FITNEESS PROGRAM

Upon approval of the Police Chief, Employees may receive an annual allowance of up to $250 of the employee education reimbursement to be used toward fifty (50%) percent of the cost of health club membership or other approved physical fitness training. The Physical Fitness allowance will be paid on the regular paychecks on a pro-rata basis, equally divided across each of the 26 pay checks. 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 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.

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37 APPENDIX B – DISPATCH EMPLOYEES

ARTICLE 1 PROBATIONARY PERIOD

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

At the discretion of their supervisor, Department Head, and City Manager, Probationary Employees may receive a performance evaluation and release from probationary status after six months, if the Employee’s performance exceeds “Meets Standard”.

ARTICLE 2 PERFORMANCE EVALUATIONS

1. Annual Performance Evaluation.

Every Regular Employee in the Classified Service shall receive a performance evaluation by his/her 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 Human Resources Unit shall approve the format for performance evaluations, which may vary by department, Position, or Employee’s responsibilities. 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.

ARTICLE 3 MERIT INCREASES

In order to advance to a higher step in the salary 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.

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38 ARTICLE 4 ADDITIONAL COMPENSATION

1. POST Certificate Pay – Dispatch Employees.

The City shall pay two (2%) percent of Base Salary to employees in the Public Safety Dispatcher I/II/Senior classifications who have earned a Peace Officer Standards and Training (hereinafter “POST”) Basic Certificate.

A. Public Safety Dispatcher I/II/Senior employees in possession of a POST Basic Certificate as of 7/1/2023, will receive the POST Certificate Pay during the first pay period following 7/1/2023.

B. Public Safety Dispatcher I employees will be provided the POST Certificate Pay in the first full pay period immediately following the City’s receipt of the certification from POST effective the issue day of the certificate.

2. Incentive Pay.

A. Upon recommendation of the Department Head and the approval of the City Manager or designee, the City will provide training incentives for special education and certification not already required as part of the Employee’s job classification and obtained outside the Employee’s working hours. Employees receiving Incentive Pay must maintain certification consistent with the rules of the issuing authority. Failure to do so will result in a suspension of this benefit for a period not to exceed six months.

During this suspension period, the Employee must cure the reason for loss of certification, or the suspension shall become permanent.

B. Authorized Incentive Pay for special education and certifications shall be as follows: All Employees Covered by Agreement for an AA Degree or Higher 3%

3. Solo Dispatch Pay.

The City endeavors to provide adequate coverage during peak dispatch operations periods.

When a dispatcher works alone for five (5) or more hours, the City will provide a two (2%) percent increase in compensation for that shift for the full duration of that shift.

4. Dispatch Employee Longevity Pay.

A. Effective the first pay period following 7/1/2023, upon the completion of ten (10) years of continuous full-time City service, represented employees shall be entitled to a two (2%) percent increase in compensation. Employees who complete fifteen (15) years of continuous full-time City service shall be entitled to an additional two (2%) percent increase in compensation (for a total of four (4%) percent).

B. Dispatch Employee Longevity Pay. Effective the first pay period in July 2024, upon the completion of five (5) years of continuous full-time City service, represented employees shall be entitled to a three (3%) percent increase in compensation; employees who 173

39 complete ten (10) years of continuous full-time City serve, shall be entitled to a three (3%) percent increase in compensation (for a total of six (6%) percent.)

ARTICLE 5 HOURS OF WORK

1. Attendance.

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

2. Work Schedules.

At the discretion of the City, Regular, Full-Time Employees shall be assigned to one of the following work schedules:

A. A 40.0-hour workweek consisting of five consecutive 8.0-hour days in a seven-day period (hereinafter “5/40”), beginning at noon on Friday through noon on the following Friday. All other work schedules shall be considered Alternative Work Schedules.

B. An Alternative Work Schedule, such as four consecutive 10.0-hour days in a seven-day period beginning at noon on Friday through noon on the following Friday (hereinafter “4/10”), or nine workdays totaling 80 hours during a fourteen-day period beginning at noon on Friday through noon on the following Friday (hereinafter “9/80”), or any other configuration approved by the Department Head and City Manager. Assignment to an Alternative Work Schedule is subject to Department Head recommendation and City Manager approval and shall not be considered permanent. At such time as the Department Head and City Manager determine that the schedule does not meet departmental needs, the Employee shall be reassigned to another work schedule.

C. Employees shall not be scheduled to work more than seven consecutive days without two scheduled days off, except in emergency situations.

D. Employees assigned to an Alternative Work Schedule may have the start of the workweek changed in accordance with the requirements set forth in the Fair Labor Standards Act.

E. Employees may temporarily flex their schedules with the prior approval of their Department Head, so long as the new schedule meets the City’s needs and the Employee works a full schedule or makes up the shortfall with paid leave.

F. All paid leave (Sick Leave, Vacation Leave, Holiday 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 Administrative Assistant is off sick on a 9.0-hour day, that Employee’s Sick Leave balance would be reduced by 9.0 hours for that absence.

Similarly, if a Holiday falls on a 9.0-hour Workday, the Employee would receive 8.0 hours of Holiday Time Off and the balance of 1.0 hour may be made up through use of 174

40 Vacation Leave, Holiday Leave, or CTO. Sick Leave may not be used to make up for Holiday Time Off shortfalls.

3. Conflict with FLSA.

The City and SCPOA acknowledge that where this Article may conflict with the Fair Labor Standards Act, the Act shall take precedence.

4. Breaks.

All Employees shall be entitled to receive a 15.0-minute break for every 4.0 hours of work or major fraction thereof.

5. Dispatch Schedule Meet and Confer.

The parties agree to meet and confer on the work schedule for represented Dispatch employees.

ARTICLE 6 ON-CALL (STANDBY) DUTY

The following procedures shall apply exclusively to On-Call assignments for Police Dispatchers when so assigned and where Dispatchers are required to make themselves available for a share of weekly Dispatcher On-Call (sometimes referred to as Standby) duty:

1. Dispatcher On-Call will be assigned based on schedules and availability.

2. Dispatchers scheduled for On-Call Duty agree to be “available” for Call-Out for the days and times scheduled. Availability includes the ability to respond within one (1) hour of notification and refrain from the consumption of alcohol, which may render Employee unable to respond upon Call-Out.

3. Dispatchers shall be available by phone and shall respond to the phone call and arrive at the worksite as directed.

4. Dispatcher On-Call Duty schedules shall be assigned in two 12-hour increments when a potential vacancy could cause a lack of adequate staffing in the communications center.

5. Dispatchers who have been scheduled for On-Call Duty and either fail to be “available” or fail to report for work once notified shall be subject to disciplinary action.

6. Dispatchers who are ill shall contact the on-duty supervisor at the soonest opportunity available so that the scheduled On-Call employee can make the necessary arrangements to fill the shift in need. The employee on the shift prior to the vacant shift may be held over until such a time as the On-Call employee relieves them. Under no circumstance shall the communications center be left without any personnel. The purpose of this procedure is to ensure the communications center always has a back-up if the on-duty person on a minimum staffed shift becomes ill or otherwise no longer available to work.
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41 7. Dispatchers may request that their supervisor consider trading or rescheduling their On- Call Duty assignment with another Employee. The supervisor shall retain the option of releasing the Employee from the scheduled On-Call Duty assignment.

8. Dispatchers scheduled for weekday On-Call Duty (from the end of the workday on one day to the beginning of the next workday during the work week, which is from 12:00 am Monday through 11:59 pm Friday) will receive two (2) hours of On-Call Pay per day at the employee’s regular rate of pay.

9. Dispatchers scheduled for weekend On-Call Duty (from the end of the Workday on the last day of the regular workweek to the start of the Workday at the beginning of the next workweek, 12:00 am Saturday through 11:59 pm Sunday) will receive four (4) hours of On-Call Pay per day at the employee’s regular rate of pay.

10. Dispatchers scheduled for Holiday On-Call Duty (from 12:00 am to 11:59 pm on a recognized City Holiday) will receive six (6) hours of On-Call Pay per day at one and one half (1- 1/2) times the employee’s regular rate of pay.

11. In the event of a Call-Out, the Dispatcher shall be paid for a minimum of two (2) hours of time at the appropriate pay rate or receive equivalent CTO, at the employee’s option.

Employees working more than two (2) hours shall be paid hour-for-hour of the time worked at appropriate pay rate or receive equivalent CTO, at the Employee’s option.

12. In the event a Call-Out occurs which requires the Dispatcher to work any amount of time between 12:00 am and 11:59 pm of a holiday, the Employee shall be paid for a minimum of two (2) hours of time at 1.5 times their hourly rate of pay or receive equivalent CTO, at the Employee’s option.

Example: Call-Out begins at 11:30 pm and ends at 1:30 am, Dispatcher receives 2 hours of Call Out pay at 1.5 times their hourly rate.

ARTICLE 7 OVERTIME

The following procedures shall apply to Overtime and Compensatory Time Off (hereinafter “CTO”):

1. 5/40 Work Schedule.

For all Employees assigned to a 5/40 work schedule, all work performed in excess of 40.0 hours in a workweek or 8.0 hours in a day, that was approved in advance by the Department Head (except emergency Overtime associated with a Call Out), shall be paid at one and one-half times the Employee's regular pay.

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42 2. Alternative Work Schedules.

Employees on a 4/10 or a 9/80 Alternative Work Schedule shall not be eligible for Overtime until they have worked a full scheduled Workday.

3. Employee-Requested Flextime.

In the event of pre-approved, Employee-requested flextime, Employees shall not be eligible for Overtime until they have worked a full scheduled workweek.

4. Paid Leave Considered Hours Worked.

For purposes of Overtime computation, all paid time including Sick Leave, Vacation Leave, Holiday, and CTO shall be considered hours worked.

ARTICLE 8 COMPENSATORY TIME OFF (CTO)

1. Overtime Credited as CTO.

Except as provided in Section 2 of this Article, Overtime worked may be credited as 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. Under five years of City service: 80.0 hours;

B. Five to under ten years of City service: 90.0 hours;

C. Ten to under 15 years of City service: 100.0 hours;

D. 15 years and over of City service: 120.0 hours;

E. Any Overtime worked in excess of these limits shall be compensated on a paid basis.

2. Above CTO Limit.

If an Employee is at or above the CTO limit, he/she will prospectively only get paid Overtime (as opposed to CTO) for Overtime worked. Once the CTO balance has been reduced by 40.0 hours below the 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 accrued CTO.

3. CTO Cash-Out.

Employees are allowed to cash-out a maximum of 40.0 sixty (60) hours of CTO each January.

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 January cash-out of accrued 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. 177

43 With the exception of the November election, Employees may not elect cash-out of accrued 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.

ARTICLE 9 VACATION LEAVE

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

Accumulation 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):

A. For the First Five Years of Service. Employees shall earn and be credited with Vacation Leave at the rate of 80.0 hours for those working 40.0 hours per week or a 9/80 schedule per pay period per year.

B. Commencing with the Sixth Year. Employees shall earn and be credited with Vacation Leave at the rate of 120.0 hours for those working 40.0 hours per week or a 9/80 schedule per pay period per year.

C. Commencing with the Eleventh Year. Employees shall earn and be credited with Vacation Leave at the rate of 160.0 hours for those working 40.0 hours per week or a 9/80 schedule per pay period per year.

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44 D. Commencing with the Sixteenth Year. Employees shall earn and be credited with Vacation Leave at the rate 184.0 hours for those working 40.0 hours per week or a 9/80 schedule per pay period per year.

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, he/she 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 accrual of Vacation Leave until the balance is reduced by 40 hours.

3. Vacation Leave Cash-Out.

Employees may not cash out Vacation Leave except as authorized annually under Eligible pPaid Leave Cash-Out or upon leaving City Service.

4. Holiday During Vacation.

An Employee will not be charged 8.0 hours of Vacation Leave for a Holiday that occurs during his/her Vacation Leave.

5. Illness During Vacation.

6. Separation From Service.

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

7. Upon Death.

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

8. Restoring Leave Caps.

45 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 one (1) year period to give employees time to sufficiently reduce their leave accruals to avoid future loss of accruals when the hard cap is imposed.

ARTICLE 10 ELIGIBLE PAID LEAVE CASH-OUT

As an alternative to CTO Cash-Out, employees are allowed to elect to cash-out a maximum of

40.0 sixty (60) hours of Eligible Paid Leave in November of the calendar year preceding such cash-out. The Finance Department will send out a request form, in November of the preceding year, that includes written verification of each Employee’s current Eligible Paid Leave balances.

Employees may make an irrevocable request for the upcoming calendar year to cash-out accrued Eligible Paid 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 which must be in the calendar year preceding the cash-out. With the exception of the November cash-out election, Employees may not cash out Eligible Paid Leave except upon leaving City Service. No Eligible Paid Leave cash-out will be allowed for any Employee for a period of four months following the last day of a suspension from duty for disciplinary reasons. With respect to this Section, Eligible Paid Leave includes CTO, Holiday Leave, and/or Vacation Leave (in that order of usage).

Employees may not cash-out both CTO and Eligible Paid Leave in the same year.

ARTICLE 11 UNIFORMS AND UNIFORM ALLOWANCES

Uniform Allowances. Annually the City shall pay those Employees required to wear uniforms in the performance of their duties as follows:

Job Class Total
Senior Public Safety Dispatcher $900.00
Public Safety Dispatcher I/II $900.00
Community Services Officer I/II $900.00

Uniform allowance will be paid on the regular paychecks of pro-rata basis, equally divided across each of the 26 pay checks.

ARTICLE 12 MILEAGE REIMBURSEMENT

Employees are encouraged to use City vehicles when conducting City business. When the use of private vehicles is required and approved by the Employee’s Department Head, the City shall provide mileage reimbursement at the mileage rate set each November by the Internal Revenue Service (Publication 917). The new rate shall be effective the following January.

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46 ARTICLE 13 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 designee.

2. Reimbursement.

Employees are eligible for educational reimbursement for approved classes, including tuition and books, which shall not exceed $1,000 per Employee per year. 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.

ARTICLE 14 GRIEVANCE PROCEDURE

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

ARTICLE 15 DISCIPLINARY ACTION

1. Rules regarding the Disciplinary Action are set forth in Chapter 12 of the Personnel Rules. Section 12.8.2 of these Rules is hereby replaced with the following:

2. The Hearing Officer may be an arbitrator, a neutral third party, or a mediator. The Hearing Officer shall conduct an advisory review of the facts and issue a written opinion in the matter that is provided to all parties. The selection of an arbitrator, neutral third party, or mediator shall be by mutual agreement of the parties. All direct costs involved with having an arbitrator, neutral third party, or mediator review the matter will be borne equally by the parties involved. However, in the event the disciplinary action is completely reversed, the City shall reimburse the SCPOA for its share of the cost of the arbitrator, third party, or mediator.

3. In the event the parties are unable to agree on an impartial arbitrator, mediator, or third party, the parties will make a joint request for a list of five impartial mediators or arbitrators from the State Mediation and Conciliation Service. When such list is received, the parties shall meet within seven calendar days to select the mediator or arbitrator as follows:
the parties shall alternately strike the name of one mediator or arbitrator from the list until the name of one remains. That person shall serve as the mediator or arbitrator. The Party to strike the first name shall be determined by a toss of a coin.

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47 4. The City Manager will review the opinion and either:

A. Accept the Recommendation. In the event that the City Manager accepts the recommendation, that decision will be final and not subject to further appeal.

B. Refer the Matter to the City Council. In the event that the City Manager rejects the recommendation, the matter shall be referred to the City Council. The Council shall conduct a closed session pursuant to Subsection 12.8.3.

ARTICLE 16 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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48 AMENDED AND RESTATED

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF SUISUN CITY AND
THE SUISUN CITY POLICE OFFICERS’ ASSOCIATION
JULY 1, 2023 THROUGH JUNE 30, 2025

CITY OF SUISUN CITY SCPOA
REPRESENTATIVES: REPRESENTATIVES:

______________________________ ______________________________ Gregory Folsom, City Manager Shaun A. Du Fosee, Labor Consultant SCPOA

______________________________ ______________________________ Christina Penland, HR Administrator Eric Vera, SCPOA President

______________________________ ______________________________ Kris Lofthus, Deputy City Manager Sigfred Neri, SCPOA Vice President

______________________________
Colin Tanner, Deputy City Attorney

Approved as to form
Aleshire & Wynder, LLP

______________________________
Elena Q Gerli, City Attorney

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AGENDA ITEM NO. 11

AGENDA TRANSMITTAL

MEETING DATE:

August
8, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-__: Approving the Memorandum of Understanding (MOU) with the Suisun City Professional Firefighters’ Association (SCPFA) and Authorizing the City Manager to execute it on Behalf of the City.

FISCAL IMPACT:

The total cost of implementing the financial provisions of the successor MOU for the SCPOA represented employees is approximately $155,000 - $161,000 in fiscal year 2023-24, which is fully funded by the General Fund. This cost has been included in the adopted budget for the fiscal year 2023-24.

STRATEGIC PLAN:

Provide Good Governance.

BACKGROUND:

The current Memorandums of Understanding (the “MOUs”) with the City’s four bargaining units expired on June 30, 2023. The City’s negotiation team and representatives of the Suisun City Professional Firefighters’ Association (SCPFA) met repeatedly from March 13, 2023, through August 2, 2023, to come to a tentative agreement on a successor MOU, which has been ratified by the SCPFA membership.

The primary financial terms agreed to are outlined in this staff report, and the successor MOU is presented to City Council for formal adoption and approval.

STAFF REPORT:

The Tentative Agreement provides/eliminates the following financial provisions in the SCPOA MOU 2023-25:

Wages:

Provides the following base wage salary adjustments effective 7/7/2023:

Job Class
Proposed Wage Adjustment
(Rounded 3 decimal points)
Fire Captain

2.176%
Fire Engineer

0.000%
Provides a 2.5% COLA in June of 2025 condition precedent to if the City’s actual revenues for fiscal year 2023/24 exceed budgeted revenues by at least 3%.

Provides a total of $4,000.00 in lump sum retention bonus to Fire Engineer employees in four equal payments of $1,000.00 in July 2023, January 2024, July 2024 and January 2025.

Provides a total of $2,000.00 in lump sum retention bonus to Fire Captain employees in two equal 185
payments of $1,000.00 in July 2024 and January 2025.

Interim Assignment Pay:

Provides 5% for serving in an interim capacity of a higher job classification due to short term absences (open shifts or hours).

Overtime/FLSA Work Period:

Converts the current 7-day FLSA work period requiring overtime after 53 hours worked to a 28-day FLSA work period requiring overtime after 212 hours worked.

Accrued Leave Cash Out:

Increase annual cash out of compensatory time off and vacation leave from forty (40) hours to fifty-six (56) hours each.

IRC 401(a):

Establishes a 401(a) Plan with a five (5) year vesting schedule and City match of $24.00 per pay period with a maximum City contribution of $600.00 annually.

Certification and Educational Incentive Pay:

Increase Paramedic Incentive Pay from 1.5% to 5% and
removes the cap on total incentive pay an employee is eligible to receive during the term of the Pilot Program. The increase in Paramedic Incentive Pay is effective 7/1/2023.

EMT and Paramedic Incentive Pay Pilot Program:

Effective 7/1/2023, extends the Pilot Program
Pay for EMT and Paramedics through the term of the current contract.

Physical Fitness Program:

Converts the physical fitness reimbursement program to an allowance which requires employees establish eligibility annually.

Other:

Other provisions of the successor MOU have been updated to clarify ambiguous language, bring language current consistent with City practice, or to eliminate provisions which are no longer relevant.

STAFF RECOMMENDATION:

DOCUMENTS ATTACHED:
1 .

SCPFA MOU 2023-25
2 .

SCPFA MOU 2023-25 – Tentative Agreement
3 .

SCPFA MOU 2023-25 – Redline

PREPARED BY:

Christina Penland, Human Resources Administrator
REVIEWED BY:

Greg Folsom, City Manager
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:

1. Resolution Approving SCPFA MOU 2023-25.pdf
a. SCPFA MOU 2023-25.pdf

2. SCPFA TA MOU 2023-25.pdf
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3. SCPFA MOU 2023-25 - Redline.pdf
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Resolution No. 2023-__
Adopted August 8, 2023

RESOLUTION NO. 2023-__

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

APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE SUISUN CITY PROFESSIONAL FIREFIGHTERS’ ASSOCIATION (SCPFA) AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY.

WHEREAS, on July 19, 2022 the City Council approved the Memorandum of Understanding between the City of Suisun City (City) and the Suisun City Professional Firefighters’ Association (SCPFA), effective July 1, 2022 through June 23, 2023 (SCPFA MOU 2022-23) with the adoption of Resolution No. 2022-102; and
WHEREAS, on May 2, 2023, the City Council approved a First Amendment to the SCPFA MOU 2022-23 with the adoption of resolution No. 2023-43; and WHEREAS, on June 20, 2023, the City Council approved a Second Amendment to the SCPFA MOU 2022-23 with the adoption of resolution No. 2023-70; and WHEREAS, the SCPFA MOU 2022-23 expired on June 30, 2023; and WHEREAS , the City and SCPFA’s authorized labor representatives met and conferred in good faith pursuant to the requirements of the Meyers-Milias-Brown Act (MMBA), government Code Sections 3500-3511, regarding a new Memorandum of Understanding for the period from July 1, 2023 through June 30, 2025 (SCPFA MOU 2023-25), which the Tentative Agreement was ratified by the SCPFA membership and then signed by the City and SCPFA’s authorized labor representatives as a joint recommendation to City Council, subject to City Council approval and adoption of the SCPFA MOU 2023-25;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Suisun City hereby adopts Resolution No. 2023-____: Approving the Memorandum of Understanding (MOU) with the Suisun City Professional Firefighters’ Association (SCPFA) and Authorizing the City Manager to Execute it on Behalf of the City; and

1. THAT Incentive Pay for EMTs and Paramedics under the Education and Incentive Pay and the EMT and Paramedic Pay Pilot Program shall be effective July 1, 2023; and

2. THAT the base wage adjustments shall be effective July 7, 2023.

PASSED AND ADOPTED at a Regular Meeting of said 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:

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Resolution No. 2023-__
Adopted August 8, 2023

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

Anita Skinner
City Clerk

Exhibit A: SCPFA MOU 2023-25
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City of Suisun City Tentative Agreement Date: August 2, 2023

SCPFA MOU 2023-25 Tentative Agreement

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TENTATIVE AGREEMENT BETWEEN THE CITY OF SUISUN CITY
AND THE SUISUN CITY PROFESSIONAL FIREFIGHTERS’ ASSOCIATION

FOR A SUCCESSOR MEMORANDUM OF UNDERSTANDING

The current Memorandum of Understanding (“MOU”) between the City of Suisun City (“City”) and the Suisun City Professional Firefighters’ Association (“Union”), covering the period July 1, 2022 through June 30, 2023, and all Amendments thereto, expired by its own terms on June 30, 2023 (“SCPFA MOU 2022- 23”). The parties commenced negotiations on March 13, 2023 regarding a successor MOU pursuant to the Meyers-Milias-Brown Act (“MMBA”) (Gov’t Code Sections 3500 - 3511). The following Tentative Agreement for a successor Memorandum of Understanding between the City and the Union and its deal terms have been ratified by the Union, but remains subject to formal approval/adoption by the City Council per California Government Code Section 3505.1, which provides:

“If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding.”

The deal points for the successor MOU for the Fiscal Years 2023-2025 covering the wages, hours and other terms and conditions of employment are set forth below. All terms and conditions of the prior SCPFA MOU 2022-2023 shall be maintained unless expressly modified or changed herein until the successor MOU is jointly prepared by the parties, ratified by the Union and accepted, approved and adopted by City Council, which shall then supersede and replace this Tentative Agreement.

TENTATIVE AGREEMENT DEAL POINTS
Subject Tentative Agreement
Term 2-year agreement: July 1, 2023 through June 30, 2025 Recognition
New Provision: 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.

Union Access/
Union Business
Leave
New Provision: Union Business Leave. 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.
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City of Suisun City Tentative Agreement Date: August 2, 2023

SCPFA MOU 2023-25 Tentative Agreement

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Suisun City City CouncilAugust 8, 2023

Suisun City City Council
August 8, 2023