Agenda packet — Suisun City City Council, October 3, 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, OCTOBER
3, 2023
6:30 PM

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

CITY COUNCIL MEETINGS ARE HELD IN-PERSON

PUBLIC PARTICIPATION IS ALSO AVAILABLE VIA ZOOM
ZOOM MEETING INFORMATION:

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

863 9416 8264

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. – 806)
(Next City Council Res. No. 2023 – 134)
(Next Suisun City Council Acting as Successor Agency Res. No. SA2023 - 06) (Next Housing Authority Res. No. HA2023 – 04)

ROLL CALL
Council /Board Members
Pledge of Allegiance
Invocation

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

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

2 Presentation of Proclamations - (Hernandez: [email protected]):
a
.

Proclamation Recognizing Volunteer Fire Captain Tom Kamin b
.

Proclamation Proclaiming October 2023, as "Breast Cancer Awareness Month" c
.

Proclamation Proclaiming October 8-14, 2023, as "National Fire Prevention Week"

3 Presentation of Annual Reports - (Lofthus: [email protected]):
a
.

Recreation, Parks and Marina Department; and
b
.

Recreation, Parks, Marina and Arts Commission.

4 Council/Board Member Updates.

City Council

5 Council Adoption of Ordinance No. 804: An Ordinance of the City Council of the City of Suisun City Repealing and Replacing Chapter 8.08 (Solid Wastes) of Title 8 (Health & Safety) of the Suisun City Municipal Code - (City Attorney).

6 Council Adoption of Ordinance No. 805: Amending Title 18 (Zoning) of the Suisun City Municipal Code of the City of Suisun City Modifying the Fences and Walls Regulations Chapter 18.34 – Fences and Walls and Finding of Exemption from the California Environmental Quality Act (CEQA) - (Bermudez: [email protected]).

7 Council Adoption of Resolution No. 2023-___:

Authorizing the Acting City Manager to
Execute a Multi-Channel Sales Agreement with Ritchie Bros. for the Sale of Fire Department Surplus Apparatus
- (Lopez: [email protected]).

8 Council Adoption of Resolution No. 2023-__: Authorizing the Acting City Manager to Execute a Grant Agreement with the State of California Department of Parks and Recreation Division of Boating and Waterways for the Surrendered and Abandoned Vessel Exchange (SAVE) Program - (Lofthus: [email protected]).

REPORTS (Informational items only.)

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

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

COUNCIL COMMENTS

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

2 9
Council Adoption of Resolution No. 2023-__: Adopting the 1st Amendment to the Annual Appropriation Resolution No. 2023-88 to Appropriate Funds for the Sidewalk Gap Closure Project Through the Transportation Fund for Clean Air Grant - (Vue: [email protected]).

10 Approving Appointments of City Staff members to the Pooled Liability Assurance Network (PLAN) Joint Powers Authority (JPA) Board of Directors and to the Local Agency Workers’ Compensation Excess Joint Powers Authority’s Governing Board - (Penland:
[email protected]).

a
.

Council Adoption of Resolution No. 2023-___: Appointing One Director and One Alternate Director to the Pooled Liability Assurance Network (PLAN) Joint Powers Authority (JPA) Board of Directors; and
b
.

Council Adoption of Resolution No. 2023-___: Appointing One Representative and One Alternate Representative to the Local Agency Workers’ Compensation Excess Joint Powers Authority’s Governing Board.

Joint City Council / Suisun City Council Acting as Successor Agency

11 Accept the Investment Report for the Quarter Ending June 30, 2023 - (Luna:
[email protected]).

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

12 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 September 19, 2023 – (Skinner: [email protected]).

City Council

13 Council Consideration and Introduction of Ordinance No.- ___: An Ordinance of the City Council of the City of Suisun City Repealing and Replacing Chapter 8.12 (Public Nuisances) to Title 8 (Health and Safety) of the Suisun City Municipal Code - (City Attorney).

14 Council Discussion and Direction for the Acting City Manager to Initiate the Request for Proposal (RFP) Process for Recruitment Services Related to a Permanent City Manager and Report Back with a Proposed Timeline and Evaluation Criteria - (Roth: [email protected]).

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

16 Non-Discussion Items.

PUBLIC HEARING
-
NONE

GENERAL BUSINESS

REPORTS: (Informational items only)

ADJOURNMENT

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

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

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

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

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

Ordinances
Ordinances are city laws contained in the Suisun City Municipal Code. Enacting a new city law or changing an existing one is a two-step process. Government Code 36934 provides, except when, after reading the title, further reading is waived by regular motion adopted by majority vote all ordinances shall be read in full either at the time of introduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and 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. 4 5
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THIS PAGE INTENTIONALLY LEFT BLANK
8 RPM ORGANIZATIONAL CHART
Kris Lofthus
Deputy City Manager
RPM Director Kathleen Shrader
Admin Assistant
Janet Hull
Rec. Manager
Jeff Downey
Rec. Manager
Marvin Mora
Mgt. Analyst II
Hayley McHenry
Rec. Supervisor
Justeen Singley
Rec. Coordinator PT
Fernando Pantoja
Rec. Coordinator PTDiana Salt
Rec. Coordinator PT
Jesalin Belk
Rec. Coordinator PT
1 2
9 Janet Hull
Recreation Manager
Marina Operations (4 PT Staff)
Tennant / Slip Management –1 6 0 slips
Maintenance Coordination
Software Management
Fuel System Operations
*Direct supervision of the Marina
Community Events (1 PT Staff)
4th of July
5 Outdoor Concerts
8 Family Movies
7 Sunday Jazz Concerts
Cruisin’ Suisun Car Show
El Dia de Los Muertos
Brew Bash / Partnership with Rotary
Christmas on the Waterfront
Lighting of the Menorah
Kwanza Celebration
Senior Programming Management
Supervision of 2 Recreation Coordinators PT
Provides leadership in the absence of the Recreation, Parks, & Marina Direct
or
Youth Activities Mgt.

Afterschool
Youth Camps
FSUSD Contract Management
Nelson Community Center  (5 PT Staff)
All Rentals
Maintenance of Facility
Equipment Repair and Replacement
Contract Management
5 part‐time staff
Lambrecht Sports Complex
30 Tournaments Annually
All  Field and Club House Rentals
Long Term Lease Management
Concession Stand Operations
Maintenance of Complex
Registration & Reservation Operations (3 PT St aff)
Supervision of 1 Recreation Supervisor
Supervision of 1 Maintenance Worker PT
Supervision of 2 Recreation Coordinators PT
Jeff Downey
Recreation Manager
Marvin Mora
Management Analyst II
Youth Sports
Contract Management
Junior Giants Program
Skate Program Management
Project Coordinator
Montebello Vista Park Revitalization
Prosperity Garden Park
Contract Management
Grant Management
Research and Identify Sources
Compose Grant Content
Fiscal Manage / Report
Enrichment Classes
Dance Programs
Art Programs
Self Defense
Early Childhood Classes
Recruiting, Hiring, Onboarding and Training staff
Marketing Coordination (1 Contract Employee)
Print Media P
roduction
Social Media Posting
Survey Coordination
Hayley McHenry
Recreation Supervisor
Police Activities League (PAL)
Teen Leadership
Membership Coordination
Garden Club
Robotics
Excursions
Community Service
Enrichment
Youth Activities – After School
Suisun Elementary
Crescent
Dan O Root
Youth Activities‐Camps
Summer Camp
Spring Break
Thanksgiving
Winter Break
Presidents Week
Supervises 21 Part Time Rec Specialists
3 4
10 Senior Programs (1 PT Staff)
Health and Wellness
Socialization
Exercise and Movement
Trips and Tours
Meals on Wheels
Senior Events
Dinner Dance Program
Thanksgiving Day Meal
Holiday Celebration Lunch
Annual Health Fair
Community Events
Coordinates Vendors and Permits for Community Events
Special Event Application Management
Event Application Coordination
Sponsorship Application Process Management
Fee Waiver Process Coordination
Justeen Singley
Recreation Coordinator PT
Kathleen Shrader
Administrative Assistant
Provides Support to the Deputy City Manager
Schedule Management
Prepares Correspondence
Manages Purchase Orders / Contracts
Project Management Assistance
Recording Secretary to the RPMA Commission
Addresses Commissioners needs
Agenda Preparation
Prepares Minutes
Financial Deposits
Prepares all Deposits Prior to Submission to Finance
Balances Revenue Collection With Registration Numbers
Accounts Payable
Registration & Reservation
Trains and assists staff on Re cDesk (registration software) Human Resources / Housing Authority
Provides Support to Both Departments as Needed
Youth Activities – After School
Suisun Elementary (90 Students)
Crescent (90 students)
Dan O Root (90 students)
Youth Activities‐Camps
Summer Camp‐2 locations (120 students)
Spring Break –( 7 5 students)
Thanksgiving –( 4 0 students)
Winter Break –( 4 0 students)
Presidents Week –( 4 0 students)
Jesalin Belk
Recreation Coordinator PT
Lambrecht Sports Complex (4 PT Staff)
Scheduling over 30 Tournaments Annually
Concessions Operations
Field Preparation
Liaison with Little League
Club House Operations
Jr. Giants Baseball
Nelson Community Center
Provides leadership in absence of the  Recreation Mgr.

Fernando Pantoja
Recreation Coordinator PT
Early Childhood Enrichment Programs
Preschool Programs
Ages 3‐4 years (40 students)
Pre‐K (40 students)
Kindergarten Readiness (2 0 students)
*Coordinate with Solano Families & Children’s Services
Supervises 8 Part Time Recreation Specialists
Diana Salt
Recreation Coordinator PT
Not Pictured
5 6
11 GRANTS
CompletionAmountFunding SourceProject
Continuous 3‐year cycle$135,000State of CAAfter School Education & Safety (ASES) 2028$2.3 millionState of CAProposition 64 Public Health and Safety ‐ PAL End of 2024$2.5 millionState of CACalifornia Department of Parks and Recreation’s Specified Grant Program –
Prosperity Garden & MBV
Summer 2023$19,000North Bay Regional
Ce
nter
Social Recreation Grant –
Camp Chaos
Summer 2023$20,000Solano CountyFirst Five –E a r l y Childhood Classes $4,974,000TOTAL AWARDED
UPCOMING GRANTS
Award DateMatchAmountFunding SourceProject
Confirmed‐9/2023None$60,000State of CAElementary and Secondary School Emergency Relief III Summer
Confirmed‐9/2023None$60,000State of CASurrendered and Abandoned Vessel Exchange (SAVE)
Verbal Confirmation
8/2023
None $600,000Delta ConservancyProposition 68 –F i s h i n g Pier Planning Grant
Pending Application None$2 millionState of CACommunity Resilience Center – Senior Center
7 8
12 Data Collection
NumberTopic
528Nelson Room Rentals
111Park Rentals (non‐Lambrecht)
19Lambrecht Tournaments
612# Rented Field Days‐Lambrecht
3,068Total Gallons of Fuel Sold
5,007# of Boat Launches / Parking
8,790Total Senior Attendance
70Thanksgiving Meals Provided
822Class Registrations
878Youth Camps Registrations
1,172After School Registration
139Preschool Registration

SUCCESSES
• 50% Growth in Junior Giants Baseball
• First Camp Chaos Program Specifically for Intellectual/Developmental Disabled Youth • Renewed Marina Lease Agreement for an additional 20 years with the CA State Lands Commission
• Pr
eschool Successfully Returned and Re-Opened After a Two-Year Covid Closure • Successful Planning and Delivery of the 4th of July With Increased Revenues • Secured Contract with FSUSD for After School Programming for Unduplicated Students • Served Over 90 youth Per Day at Suisun Elementary
• Replaced the City of Suisun City Christmas Tree
9 10
13 Project Management
CompletionAmountFunding SourceProject
Summer 2023$135,000Park DevelopmentPark and Facilities Master Plan Spring 2023$76,987ROPSDock Maintenance
Spring 2024$1.2millionState of CA / ARPA / Park
Development Fund
Prosperity Garden Park
Winter 2024$1.8 millionState of CA Montebello Vista Park Rehabilitation How Do We Compare?
Suisun City RPMNational AverageTopic
33Median of 34Full Time Equivalent Employees
1,812 (16 parks)2,323Residents Per Park
65% cost recovery23.6% cost recoveryRecreation Revenue to Operating Costs UnknownAverage of $16.7 millionDeferred Maintenance
Based on data from the 2022 national survey conducted by the National Recreation and Parks Association (NRPA).
11 12
14 Revenue
$‐
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
Administration Dan O Root Crescent Preschool Youth Camps Lambrecht Nelson Seniors 4th of July Christmas Other Events Marina 19‐20 20‐21 21‐22 22‐23
Revenue Totals
$‐
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
19‐20 20‐21 21‐22 22‐23
$866,670
$470,632
$967,531
$1,119,211
13 14
15 Questions or Comments?
15 16

RECREATION, PARKS, MARINA & ARTS COMMISSION
2023 OVERVIEW
RPMA Commissioners
Eddrick Osborne, Chair – Reappointed
Aaron Sencil, Vice Chair - Reappointed
Essex Cook - New
Lilia Dardon - New
Jonathan D Faria - New
John Harter - New
Donna LeBlanc - New
1 2
17 2023 Initiatives/Projects
• Parks and Facilities Master Plan*
• Organized Team Sports Ordinance*
• Special Events Permit Application Update*
• Montebello Vista Park Revitalization Project
Design Consultant Selected*
*Recommended to City Council for Approval

PARKS AND FACILITIES

MASTER PLAN
3 4
18 • The RPMA wants the Parks and Facilities
Master Plan to be used
as a tool for tangible
action and implementation.
• The RPMA Commission’s goal is to
ensure that
the approved Parks and Facilities Master Plan
will be utilized to enhance parks and
recreational facilities for the residents of
Suisun City.
• In Q4 of 2023,
the RPMA Commission will do a
deep dive
into the Master Plan to identify
elements
that can be implemented quickly and
cost effectively.
• Public
input and feedback will be encouraged
during this process.

PROSPERITY GARDEN

ESTIMATED OPENING
SPRING 2024
5 6
19 RESCHEDULED TO
SEPTEMBER 7, 2024

PERCENT FOR THE ARTS
Current Projects
Tractor Supply
Highway 12
Starbucks
Walters Rd.
7 8
20 • The RPMA Commission is dedicated to creating opportunities for our community to thrive and grow together as well as strategizing and implementing policies that benefit our citizens.
• We appreciate ongoing feedback from our citizens and City Council members so that we can continue to improve that which we are able to improve, within our budget and means.

WHAT’S IN OUR FUTURE?
THANK YOU!
Thank you, City Council,
for your ongoing support
as well as fellow
Commissioners.

Huge thanks to Kris Loftus
and the RPM Department
for their hard work and
continued dedication.
9 10
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22 AGENDA ITEM NO. 5

AGENDA TRANSMITTAL

MEETING DATE:

October
3, 2023

CITY AGENDA ITEM:

Council Adoption of Ordinance 804: An Ordinance of the City Council of the City of Suisun City Repealing and Replacing Chapter 8.08 (Solid Wastes) of Title 8 (Health & Safety) of the Suisun City Municipal Code.

FISCAL IMPACT:

None at this time.

STRATEGIC PLAN:

Deter and Minimize Intentional Illegal Dumping of Garbage and Trash in the City.

BACKGROUND:

Early in 2023, the Mayor appointed Councilmember Dawson and then- Councilmember Hudson to the Illegal Dumping and Trash Ad Hoc Committee. The committee met with department heads and the City Attorney to address ways in which the City could strengthen its Municipal Code to minimize the impact of illegal dumping and accumulation of trash throughout the City. Based on the ad hoc committee’s recommendations, among other measures the City Council directed an update to Chapter 8.08 of the Municipal Code, dealing with solid waste.

The City Attorney’s Office researched other jurisdictions’ codes to find provisions that might be use to the City, and the amendments mirror the direction we received from Council. The proposed Ordinance’s goal is to provide the City with as full a range of tools as possible. As always, the proposed amendments are just that, proposed. The Council may have additional thoughts on enforcement tools or prohibited conduct or may wish to delete or modify certain provisions.

The following updates to the ordinance are being proposed as further described below:

1 .

Related provisions have been grouped under several different articles; certain provisions were moved or combined with other sections; sections renumbered. 2 .

Updated definitions
3 .

Trash enclosures must be enclosed.
4 .

Prohibits illegal dumping, and imposes liability on the person dumping, any person using a vehicle to illegally dump, and the person in control of the property where the dumping occurs. 5 .

Violations of the ordinance are declared a public nuisance and may be abated in accordance with Chapter 8.12 and constitute strict liability offenses. City’s enforcement tools have been expanded. 6 .

Vehicles used to illegally dump are declared a public nuisance and may be abated through seizure and impoundment procedures described in the ordinance.

The City Council voted 4-0 to introduce the ordinance during a regular meeting held on September 19, 2023.

STAFF REPORT:

This agenda item proposes to repeal and replace Chapter 8.08 of Title 8 of the Municipal Code, dealing with solid waste.

Residents of the City have complained about the nuisances created throughout the City by persons who 23 illegally dump solid waste, bulky items, and potentially hazardous materials. The City has taken proactive steps to attempt to curtail illegal dumping, but the problem persists. Accordingly, the proposed ordinance would provide additional requirements and enforcement options for the City in an effort to minimize spill or intentional illegal dumping of garbage and trash.

In April, the City Council directed the following updates:

1. Amend the chapter to also make any violation a public nuisance, subject to the provisions of Chapter

8.12, and enforceable by peace officers and by the City Manager and their designee.

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

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

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

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

The increased fines will be back before the Council at a future meeting in the near future, as part of a further set of code amendments to update Chapters 1.08, 1.16, and 1.20. The increased fines will apply to more than just Chapter 8.08.

Meanwhile, here is a summary of the key proposed updates to Chapter 8.08:

1. Reordering and renumbering.

The provisions of the current code have been somewhat reordered and renumbered, and are now grouped in five articles. As the Ordinance expands, it is helpful to organize the Ordinance rather than simply tack new provisions on the end. The goal is to make the Ordinance easier to follow and to apply.

Article I General Matters
Article II Solid Waste Collection and Disposal
Article III Prohibited Conduct
Article IV Vehicle Forfeiture
Article V Remedies

2. Definitions.

The Definitions section would be updated to include terms used throughout the chapter.

Some newly defined terms include “bulky items,” “hazardous waste,” “person,” and “public place.” Clear definitions provide guidance to staff and the public and make the ordinance easier to enforce.

3. Prohibited Conduct.

The Ordinance already prohibits unauthorized waste collection and transport, unlawful accumulation of waste, waste outside of receptacles, burning or burying waste, and interfering with the lawful collection and removal of waste. The proposed ordinance would broaden the prohibited conduct to include illegal dumping, as follows:

It is unlawful for any person to throw, drop, place, or deposit bulky items, hazardous waste, or solid waste (except for construction materials being used during construction, and these only temporarily under a building permit) in a public place or on private property not designated for that dumping or disposal purpose.

Illegal dumping does not include the discarding, dropping, or scattering of small quantities of waste matter ordinarily carried on or about the person, commonly referred to as littering, including, but not limited to, beverage containers, packaging, wrappers, wastepaper, newspapers, and magazines and including waste matter that escapes or is allowed to escape from a container, receptacle, or package, or a vehicle used for any of those purposes.”
24 4.

Evidence of Ownership.

The proposed Ordinance would permit the City to determine ownership of illegally dumped waste in any lawful manner available to it, including but not limited to, mail, receipts, photographs, and security camera footage. A prima facie showing the a person’s items, solid waste, or personal property have been found in any location where it is unlawful to dispose of such, under circumstances which would lead a reasonable trier of fact to conclude that the items were discarded at that location, will constitute a presumption that the owner of the solid waste, items, or personal property violated the provisions of the ordinance.

5. Requires Trash Receptacles Within Solid Enclosures.

All improved properties within the City will be
required to provide permanent solid waste receptacle enclosure facilities. The enclosure must be 6 feet in height; constructed of solid reinforced masonry, poured-in-place concrete, or other material of similar strength; enclosed on all sides; and
with a solid gate 6 feet in height providing access to the trash area.

If the enclosure is not within a gated building or community, it must also have a roof.

Enclosure must have no gap between top of walls and roof, locks on doors, and include interior and exterior lighting. Solid waste contained within the enclosure shall not exceed the height of the enclosure. All enclosures must be adequately maintained so that access doors function and the walls do not fall into disrepair. Permanent enclosures must be provided for existing residential, commercial, and industrial developments when application is made for expansion of floor area by 25%, but in any event all improved property must comply with this requirement within 12 months of the effective date of the ordinance.

All construction shall be in accordance with applicable city standards.

The underlined text is highlighted so that staff can weigh on whether height appropriate, or if they have alternative language that would be a better fit; and to note that compliance with the proposed Ordinance would be required within 12 months of the effective date – the Council may decide to allow legal nonconforming uses to continue, or to prescribe a different timeline for compliance, for example.

6. Enforcement.

The proposed Ordinance articulates a number of enforcement tools.

Violations constitute a public nuisance, and abatement can be pursued under Chapter 8.12 (the updated chapter will be coming to Council shortly).

Violations may also be punished under Chapters 1.08 and 1.20 of the SCMC, meaning that they can be charged as infractions, misdemeanors, and civil administrative citations, at the City’s discretion.

Each day a violation of the ordinance continues will be considered a new violation and can be punished as such.

Violations are strict liability offenses, which means that there is no intent requirement. Strict liability is permissible for violations of these types of regulatory/quality of life ordinances.

The Ordinance imposes liability, jointly and severally, on persons who illegally dump and on property owners who allow waste to accumulate. Note also that Chapter 8.12 includes provisions that address the condition of property and also cover accumulation of trash and debris.

Vehicle forfeiture for vehicles used in the commission of illegal dumping.

7. Vehicle Forfeiture.

Vehicles used to illegally dump will be declared a nuisance and will be abated through seizure and impoundment due process procedures. Seized vehicles would be sold and the proceeds distributed to the City to pay for the enforcement of the Ordinance.

STAFF RECOMMENDATION:

It is recommended that the City Council Adopt Ordinance No. 804:

Repealing and Replacing Chapter 8.08 (Solid Waste) of Title 8 (Health & Safety) of the Suisun City 25 Municipal Code.

DOCUMENTS ATTACHED:
1 .

Ordinance No.804: Repealing and Replacing Chapter 8.08 (Solid Waste) of Title 8 (Health & Safety) of the Suisun City Municipal Code (Redline Version). 2 .

Ordinance No.804: Repealing and Replacing Chapter 8.08 (Solid Waste) of Title 8 (Health & Safety) of the Suisun City Municipal Code (Clean Version).

PREPARED BY:

Elena Gerli, City Attorney
REVIEWED BY:

Aaron Roth, Acting City Manager/Chief of Police
APPROVED BY:

Aaron Roth, Acting City Manager/Chief of Police

ATTACHMENTS:

1. Ordinance No. 804 Repealing and Replacing Ch. 8.08 (Solid Waste) of Title 8 (Health and Safety) of the Suisun City Municpal Code (Redline Version).pdf

2. Ordinance No. 804 Repealing and Replacing Ch. 8.08 (Solid Waste) of Title 8 (Health and Safety) of the Suisun City Municpal Code (Clean Version).pdf
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ORDINANCE NO. 804

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY REPEALING AND REPLACING CHAPTER 8.08 (SOLID WASTES) OF TITLE 8 (HEALTH & SAFETY) OF THE SUISUN CITY MUNICIPAL CODE

WHEREAS, the City of Suisun City has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City, Cal. Const. Art. XI, section 7.

WHEREAS, residents of the City have complained about the nuisances created throughout the City by persons who dump solid waste, bulky items, and potentially hazardous materials.

WHEREAS, the City Council of the City of Suisun City finds that illegal dumping activities pose a danger to public health and safety, decrease property values, lower the quality of life, and contribute to urban blight.

WHEREAS, the City Council finds that in spite of proactive steps to attempt curtail illegal dumping, the problem persists.

WHEREAS, the City Council finds that to minimize spill or intentional illegal dumping of garbage and trash, the provisions of Chapter 8.08 of the Suisun City Municipal Code should be updated to provide additional requirements and enforcement options for the City.

WHEREAS, the City Council finds that materials that are illegally dumped create a nesting area for rodents, insects, and other vermin while impacting the proper drainage of runoff, polluting local waterways, and making areas more susceptible to flooding when draining basins become clogged.

WHEREAS, the City Council finds that persons who use their vehicles for illegal dumping create unhealthful conditions and blight in communities, thereby negatively impacting the quality of life of residents and leading to reduction of property values.

WHEREAS, the City Council finds that illegal dumping activities also place an undue burden on the City, which spends considerable funds every year in cleanup, public education, and enforcement costs.

WHEREAS, the City Council finds that illegal dumping activities and vehicles used in those activities are a public nuisance and the seizure and forfeiture of vehicles that are used for illegal dumping will abate the nuisances caused by this activity in that the vehicles used for these purposes will no longer be available and furthermore, other persons contemplating engaging in illegal dumping will be deterred from using vehicles for these purposes.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SUISUN CITY AS FOLLOWS:

SECTION 1. The recitals set forth above are true and correct, and are incorporated herein by reference.

SECTION 2. Chapter 8.08 (Solid Wastes) of Title 8 (Health & Safety) of the Suisun City Municipal Code is repealed and replaced with the following:
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Article I. General Matters.

8.08.100 Definitions.

Except as expressly provided in this section, the definitions contained in Title 14, Division 7, Chapter 3, Article 4 of the California Administrative Code shall govern the interpretation of this chapter. The following words are defined to clarify this chapter:
“Agricultural solid wastes” means wastes resulting from the production and processing of farm or agricultural products, including manures, prunings, and crop residues wherever produced.
“Bulky item” means, but is not limited to, discarded furniture, vehicle parts, appliances, construction materials.
“City Manager” means the City Manager of the City of Suisun City, and includes their designee.
“Construction and demolition wastes” means solid waste composed of building materials, packaging and rubble resulting from the construction, remodeling, repair or demolition of pavements, houses, commercial, industrial or agricultural buildings, and other structures, which are not incident to active, permitted construction. “Contract agent” means and includes an agent or employee of the city or any person, firm, corporation or association, or the agents or employees thereof, with whom the city has contracted under the terms set out in this chapter to collect, transport and dispose of solid waste produced within the geographic boundaries of the city. “Director” means the City of Suisun City’s Director of Public Works, and shall include their designee.
“Improved property” shall mean real property in the City of Suisun City that has been improved with structures or facilities of any kind. “Improved property” shall not include public property or the public right-of-way.
“Garbage” means and includes all putrescible solid and semi-solid waste, including, without limitation, all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of foodstuffs. “Hazardous waste” shall have the same meaning as state and federal law, specifically:

Chapter 6.5 (Hazardous Waste Control Law) of the California Health & Safety Code, and the regulations in Division 4.5 of Title 22 of the California Code of Regulations; and the Federal hazardous waste regulations adopted by U.S. EPA as found in Title 40, Code of Federal Regulations, Parts 260- 279, adopted pursuant to Chapter 42, United States Code (Resource Conservation and Recovery Act, also known as RCRA).

California laws are outlined in the statute: California Health & Safety Code, (HSC), Division 20, Chapter 6.5 (Hazardous Waste Control Law). Regulations adopted from the HSC are found in the California Code of Regulations (CCR), division 4.5, title 22. California the individual generating the waste must determine if the waste generated meets the criteria of hazardous waste as defined in 22 CCR section 66261.3.
“Person” means an individual, group, or entity of any kind, whether for profit or nonprofit. 28 3

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“Public place” means any property owned or controlled by a public agency, including but not limited to streets, alleys, gutters, highways, parks, sidewalks and parkways, marinas, parking lots or structures, and improved or unimproved real property. “Refuse” means both garbage and rubbish.
“Rubbish” means and includes all nonputrescible solid and semi-solid wastes, including, without limitation, ashes, paper, cardboard, tin cans, other packaging, yard wastes, wood, glass, bedding, crockery, plastics, rubber by-products and litter. “Recyclable materials” means any materials as so defined in Chapter 8.10.010J of the Suisun Municipal Code.
“Recycling” means the process defined in Chapter 8.10.010(K) of the Suisun Municipal Code. “Refuse receptacle” means any bin or container for the collection of solid waste and recyclables.
“Solid waste” or “solid wastes” means and includes all putrescible and nonputrescible solid and semi-solid wastes, including, without limitation, garbage, trash, refuse, paper, offal, rubbish, ashes, industrial wastes, construction and demolition waste, recyclable materials discarded by their owners, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes, and also includes liquid wastes disposed of in conjunction with solid wastes at solid waste transfer processing stations or disposal sites, but excludes sewage collected and treated in a municipal or regional sewerage system. “Vehicle” means any transportation device that requires the driver to have a valid driver’s license for the appropriate class of vehicle being driven, and which transportation device is equipped with a motor. “Vehicle” shall include boats, irrespective of whether the type of boat requires a driver’s license.
“Yard waste” means and includes solid wastes generated from the maintenance of yards, lawns and gardens, such as grass clippings, leaves, and tree and brush trimmings and prunings.

8.08.104 Enforcement of chapter.

The director shall supervise all matters in connection with solid waste collection, transportation, and disposal that concern the public health. All officers with the authority to enforce the codes of the city shall enforce the provisions of this chapter according to state and local law, including but not limited to peace officers, code enforcement officers, and the City Manager.

8.08.108 Applicability.

The provisions of this chapter shall apply, jointly and severally to any person who owns or controls real property, as well as persons, including their agents, who illegally dispose of solid waste, and to persons who own, control, or operate vehicles that are used to illegally dispose of solid waste.
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8.08.112 Evidence of ownership
The City may determine ownership of illegally dumped waste in any lawful manner available to it, including but not limited to, mail, receipts, photographs, and security camera footage.

Upon a prima facie showing that a person’s items, solid waste, or personal property have been found in any location where it is unlawful to dispose of such, under circumstances which would lead a reasonable trier of fact to conclude that the items were discarded at that location, shall constitute a presumption that the owner of the waste violated the provisions of this chapter.

8.08.116 Self-disposal by residents.

Nothing contained in this chapter shall be construed to prevent or prohibit any resident in the city from collecting, transporting and disposing of any solid waste created by him or his household, on premises personally occupied by him, provided the same is personally collected, transported and disposed of by him or her in accordance with the rules and regulations prescribed in this chapter and other applicable law.

Article II. Solid waste collection and disposal.

8.08.200 Solid waste receptacle enclosures.

A. All improved properties within the City that are used for commercial, industrial, or multi-family (defined in Section 8.10.030) purposes shall provide permanent solid waste receptacle enclosure facilities. The enclosure shall be 6 feet in height; constructed of solid reinforced masonry, poured-in-place concrete, or other material of similar strength; enclosed on all sides; and with a solid gate 6 feet in height providing access to the trash area. If the enclosure is not within a gated building or community, it must also have a roof. Enclosure must have no gap between top of walls and roof, locks on doors, and include interior and exterior lighting. Solid waste contained within the enclosure shall not exceed the height of the enclosure. All enclosures shall be adequately maintained so that access doors function and the walls do not fall into disrepair. Permanent enclosures shall be provided for existing residential, commercial, and industrial developments when application is made for expansion of floor area by 25%, but in any event all improved property shall comply with this requirement within 12 months of the effective date of this ordinance. All construction shall be in accordance with applicable city standards.

B. Any property that cannot come into compliance with this requirement due to physical constraints of the property, or due to demonstrable hardship, must make application to the Director of Community Development for a minor variation. The provisions of this section will be waived or modified only to the extent necessary to achieve this section’s purposes in light of the restrictions at the property, or to provide the additional time needed for compliance in the event of hardship.

8.08.204 Solid waste collection service required.

It shall be the duty of every owner of every improved premise in the City, whether residential, commercial, industrial or institutional, to subscribe to and pay for solid waste collection service from the authorized contract agent. An owner may authorize a tenant to act in their behalf to subscribe and pay for service, but such action shall not relieve an owner from their liability hereunder; and, unless notice to the contrary is given the contractor, any additional services contracted for by a tenant so authorized to act shall be chargeable to the owner. 30 5

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Residents of the city shall be allowed to place solid waste and yard waste containers in front of their property against the curb for collection on the same day they receive solid waste collection service, provided that this is done in strict accordance with this chapter and Chapter

8.10, as applicable, and any rules and regulations established by the city administrator. The solid waste shall be placed in company-provided containers.

8.08.208 Minimum solid waste receptacle capacity.

Required minimum trash receptacle capacity shall be as follows:

A. Multiple-family unit, housing, 60 gallons per unit. Excluded from this definition of “multiple-family units” (three or more) are specialized housing types, such as congregate care and communal living facilities, senior apartments and other similar group housing arrangements.

B. Every property owner shall have available and utilize receptacles of an adequate size and in sufficient numbers to contain without overflowing, all the solid wastes generated within the designated removal period. This shall be done by subscribing to solid waste collection service available from the city’s solid waste collection contract agent.

8.08.212 Conveyance along streets.

No solid waste shall be transported on any of the streets, alleyways or public thoroughfares of the city unless the same is transported in conveyances so constructed as to be absolutely dustproof, and so arranged as not to permit dust or other matter to sift through or fall upon the streets. The contents of such conveyances must be further protected with appropriate covers so as to prevent the same from being blown upon the streets and adjacent lands.

8.08.216 Trucks.

Every truck used in the collection, transportation or disposal of solid waste shall be kept well painted and clean, both inside and out.

8.08.220 Exclusive rights of contractor.

At such time as there is in force a contract entered into by the city with any person, firm or corporation for the collection, transport and disposal of solid waste in the city, it is unlawful for any person other than that contract agent and its agents to collect, transport or dispose of any solid waste within the city. Persons other than that contractor and its agents may lawfully collect, transport or dispose of solid waste only where one of the following conditions apply:

A. The solid waste consists only of construction or demolition waste hauled or removed only by the landowner or occupant, an uncompensated third party acting at the request of the landowner or occupant, or a contractor retained by or for the benefit of the landowner or occupant to perform (and actually performing) the construction or demolition services on the property which generate the construction or demolition waste at issue. This exception to the rights of the exclusive solid waste handling contractor shall not apply to any situation in which a third party is hired, through a subcontract or otherwise, to collect, transport or dispose of the solid waste or any portion thereof.

B. The solid waste is limited to abandoned vehicles and parts thereof, discarded home and industrial appliances and furniture, or agricultural solid wastes as defined in Section

8.08.100.
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C. The solid waste consists of septic tank pumpings, hazardous wastes or medical wastes which are being collected, transported and disposed of by properly permitted, certified and inspected haulers and vehicles as required by federal, state and local laws and regulations.

D. The solid waste consists only of garbage collected and transported solely for the purpose of feeding animals in accordance with this division and applicable state laws and regulations and the hauler has obtained a garbage feeding permit.

E. The solid waste consists solely of solid waste collected, and transported from a public road right-of-way by a public agency or a construction or demolition contractor retained by the public agency.

F. The solid waste being collected, transported and disposed of consists solely of recyclable material taken from residential construction or demolition waste which recyclable material is being hauled or removed by a third party (acting at the request of the landowner or occupant). Such third party shall have in force a current recycling permit issued by the city requiring that all such materials collected by the permit-holder within the geographic boundaries of the city consist of recyclable material and that all such material be recycled.

Only such haulers and removers of recyclable materials as are duly permitted by the city to engage in such activity may do so pursuant to this exception. Prior to granting any such permit, the city shall require evidence of adequate liability insurance covering the hauler or remover’s operations, and evidence that the hauler or remover has paid in full all required city taxes and business license fees applicable to its operations. The hauler or remover must actually recycle all material hauled or removed and the hauler or remover shall comply with all other requirements and conditions of the permit established by the city.

8.08.224 Contract—Authorized.

For the collection, transportation and disposal of solid waste, a contract may be entered into by the city in accordance with and subject to the terms and conditions of this chapter.

8.08.228 Contract—Bond—Scope.

The contract provided for in Section 8.08.224 shall provide that the contractor shall collect and dispose of the solid waste in the city in the manner provided for in this chapter. The contractor shall be required to furnish a cash or surety bond to the city in the penal sum of one hundred thousand dollars conditioned upon the faithful performance of the contract and provisions of this chapter. Such contractor shall have the sole and exclusive right, except as otherwise expressly provided in this chapter, to collect, transport and dispose of all solid waste in the city, including, without limitation, all recyclable solid waste.

8.08.232 Contract—Insurance.

A. Worker’s Compensation. Any exclusive contract agent for solid waste collection, transportation and disposal shall fully comply with applicable California law concerning worker’s compensation. Such compliance shall include, but not be limited to, maintaining in full force and effect one or more policies of insurance insuring against any liability such exclusive contract agent may have for worker’s compensation.

B. General Liability Insurance. Any exclusive contract agent for solid waste collection, transportation and disposal shall obtain at its sole cost, and keep in full force and effect during the term of its exclusive solid waste collection, transportation and disposal agreement with the 32 7

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city, broad form property damage, bodily injury, automobile, employers’, and comprehensive form liability insurance in the amount of three million dollars per occurrence: provided (1) that the city, its officers, agents, employees and volunteers shall be named as additional insureds trader the general liability policy, (2) that the policy shall stipulate that this insurance will operate as primary insurance, and (3) that no other insurance maintained by the city or the other named insureds under the contract agent’s policy shall be called upon to cover a loss covered thereunder unless and until such time as the applicable insurance purchased by the contract agent is exhausted by reason of payment of claims. If the coverage limits set forth in this subsection are not reasonably obtainable through the insurance markets, the city manager shall meet and discuss with the contract agent the contract agent’s inability to obtain such coverage, and shall temporarily adjust the coverage requirements set forth in this paragraph to conform to industry standards taking into consideration contract agent’s demonstration that it is responsibly conducting its business and that coverage is not reasonably available at the coverage limits. In no case, however, will the insurance limits required above be any less than one million dollars per occurrence during the aforementioned period of such temporary adjustment.

C. Certificates of Insurance. The exclusive contract agent for solid waste collection, transportation and disposal shall file with the city manager, within fifteen days of the execution of this agreement, certificates of insurance which shall provide that the insurance issuer shall endeavor to provide thirty days written notice to the city manager prior to the effective date of any cancellation, major change in coverage, expiration or nonrenewal of the contract agent’s policies obtained for purposes of satisfying this requirement. In the event of such cancellation, major change in coverage, expiration or nonrenewal of the subject policies, the contract agent shall file with the city manager within forty-five days of such action, a new certificate of insurance which complies with the requirements of this section. Except as provided in the agreement between the city and the contract agent, failure to do so shall constitute grounds for termination of any existing solid waste collection, transportation and disposal franchise agreement with the contract agent.

8.08.236 Audit of contract agent’s books.

The books and businesses of the contractor shall be subject to audit and checking at any reasonable time by the city.

8.08.240 Rates for residential solid waste collection, transportation and disposal.

Any person from whom solid waste is collected or required to be collected under the provisions of this chapter shall pay the contract agent, or other person designated by the city council to receive the same, for such service at rates provided for by the city council. Those rates shall remain in force until amended or modified by resolution of the city council.

8.08.244 Billing charges to become lien.

All billing for waste collection shall be made by the contract agent. All charges shall become delinquent 90 days after the billing date. If the bill remains unpaid after the billing due date, the contract agent shall be entitled to a late charge as approved by resolution by the city council. Contract agent shall provide notice of the late charge on the subsequent bill. Any delinquent accounts may be subject to the lien process. If a bill becomes delinquent, contract agent may send a notice of delinquency to the owner. The form and content of the 33 8

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delinquency notice sent by the contract agent shall be approved by the city. The contract agent shall simultaneously file with the city a formal written notice stating that such delinquency notice has been sent to such recipient and owner and the date upon which notice was sent.

Should the bill remain unpaid at the expiration of the fifteen days following the delinquency notification, the contract agent may assign such bill to the city for lien proceedings. Once the bill is assigned to the city for lien proceedings, as part of the lien proceedings an administrative fee shall also be assessed. Upon the city’s receipt of the assignment from the contract agent and at the convenience of the city, (but at least once every six calendar months), the city may initiate proceedings complying with Government Code Sections 38790.1 and 25831 to create a lien on the real property to which the waste collection has been rendered. The lien will be officially recorded in the county recorder’s office. The lien may carry such additional administrative charges as set forth by city council resolution. The owner shall be notified by the city that the late charges and administrative charges are due the city and that such lien has been recorded.

8.08.248 Fees—Commercial, industrial, and institutional.

Each commercial, industrial, or institutional establishment, including, without limitation, each hotel, restaurant, store, factory, plant, office complex, multi-family housing complex and trailer park, shall pay a flat monthly charge to be based on the average amount of solid waste generated by such establishment as per agreement between the contractor and each individual establishment, those rates to be in line with rates charged for comparable service in similar cities within the county and to be subject to review by the city council.

8.08.252 Solid waste department.

The power is vested in the city council to create at any time by resolution a solid waste department of the city, and to collect, transport and dispose of all solid waste as a sanitary measure and as a benefit to the public health.

Article III. Prohibited conduct.

8.08.300 Waste collection and transport.

Except as may otherwise be provided in this chapter, it is unlawful for any person other than the city, or such solid waste contract agent as may be designated by the city under contract and its agents, to collect or transport through the streets, alleys, or public thoroughfares of the city, any solid waste (including, without limitation, recyclable solid waste), hazardous waste, or other matter offensive to the sight or smell, or to collect, transport, or dispose of the same.

8.08.304 Illegal dumping.

A. It is unlawful for any person to throw, drop, place, or deposit bulky items, hazardous waste, or solid waste in a public place or on private property not designated for dumping or disposal purposes.

B. Illegal dumping does not include the discarding, dropping, or scattering of small quantities of waste matter ordinarily carried on or about the person, commonly referred to as littering, including, but not limited to, beverage containers, packaging, wrappers, wastepaper, newspapers, and magazines, and including minimal waste matter that escapes or is allowed to escape from a receptacle or vehicle used for the lawful disposal or transport of solid waste.

8.08.308 Unlawful accumulation.
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No person who owns or controls real property in the city shall deposit, keep, accumulate or permit, cause, or suffer any solid waste to be deposited, kept, or accumulated upon that parcel of land, unless same is kept, deposited, or allowed to accumulate as provided in this chapter.

8.08.312 Solid Waste Outside of Receptacles.

It is unlawful for any person, firm or corporation to keep, accumulate, or permit to be accumulated any solid waste upon any private property or public place, unless the same is in an approved receptacle as provided in this chapter, and in the rules and regulations as may be authorized by the franchise agreement and attached thereto as an exhibit.

8.08.316 Burning.

It is unlawful to burn, or cause to be burned, solid waste in the city.

8.08.320 Burying.

It is unlawful for any person or persons to bury solid waste at any place within the city.

8.08.324 Interference.

It is unlawful for any person in any manner to interfere with the collection, transportation or disposal of solid waste (including, without limitation, recyclable solid waste) by any person, firm or corporation authorized by license or contract to collect, transport and dispose of the same.

8.08.328 Emergency removal.

Nothing in this chapter shall be deemed to prohibit the collection, transportation, and disposal by an unlicensed person of materials considered by the health officer or police department to constitute a public health menace of such a nature that it is necessary to be ordered promptly removed.

Article IV Vehicle Forfeiture

8.12.400 Abatement of nuisance vehicle by seizure and forfeiture.

A. Any vehicle used to illegally dump any bulky item, any hazardous waste, or solid waste in violation of this code or other applicable state law is declared a nuisance.

B. Any vehicle used to transport any bulky item, any hazardous waste, or solid waste for the purpose of illegal dumping is a nuisance and the vehicle shall be enjoined and abated as provided in this article.

C. All such nuisance vehicles shall be abated through seizure and impoundment procedures as provided in this chapter, subject to the exceptions set forth at Section 8.12.420.

D. A nuisance vehicle shall be seized and impounded for 30 days each time such vehicle is determined to be a nuisance under this article.

E. A criminal conviction shall not be required as a prerequisite to any proceeding brought pursuant to this article.

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G. Any person who owns, leases, conducts, has control of, or maintains any vehicle used for any of the purposes or acts set forth in this article is responsible for creating a public nuisance.

8.12.404 Seizure of vehicle.

A. An enforcement officer may seize a vehicle subject to forfeiture under this article upon the issuance of an order by a court having jurisdiction of the vehicle. Seizure without court order may be made in any of the following circumstances:

1. The seizure is incident to an arrest or search under a search warrant;

2. There is probable cause to believe the vehicle was used in violation of this chapter.

B. An enforcement officer seizing a vehicle under this article shall complete a receipt in accordance with Penal Code Section 1412 and deliver it to the person from whose possession the vehicle was seized.

C. An immediate investigation shall be made by the City as to any potential claimant to a seized vehicle whose right, title, interest, or lien is of record in this or any other state or appropriate federal agency. Within 2 business days of the vehicle’s seizure, the City shall send a notice of seizure to all potential claimants whose right, title, interest or lien did not arise subsequent to the date and time of seizure of the vehicle, if that person or entity was not previously given a notice of seizure.

D. The notice of seizure shall include the following:

1. The name, address and telephone number of the agency providing the notice;

2. Identifying information for the vehicle seized and the authority and reason for the seizure;

3. A statement that in order to receive their post-seizure hearing, the potential claimant shall request the hearing in person, in writing, or by telephone within ten calendar days of the date of the notice; and

4. The time in which a claim of interest in the vehicle seized or subject to forfeiture is required to be filed.

E. The City shall provide any potential claimants discovered as a result of the investigation set out in subsection C of this section with the opportunity for a post-seizure hearing to determine the validity of the seizure. The post-seizure hearing shall be conducted within two business days of the request for the hearing. The City may authorize its own officer or employee to conduct the hearing provided the hearing officer is not the same person who directed or participated in the seizure of the vehicle. Failure of the potential claimant to request or attend a scheduled hearing within the appropriate time frame shall satisfy the post- seizure requirement.

F. A vehicle seized pursuant to this section may be held as evidence in any proceeding brought by the city attorney.

8.12.408 Forfeiture and notice of intended forfeiture of vehicle.

A. Within 30 days of receipt of the notice of seizure required in Section 8.12.404, the city attorney may pursue the forfeiture of vehicles seized under this article, as provided in this 36 11

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section. If the city attorney does not commence forfeiture procedures under this section within that 30 day period, title shall revert to the owner and the seized vehicle shall be returned to the owner.

B. If the city attorney determines that forfeiture of the seized vehicle is warranted, the city attorney shall serve a notice of intended forfeiture upon any person who has an interest in the seized vehicle. The notice shall be served as soon as practicable, but in any event within 30 calendar days of the seizure of the vehicle subject to forfeiture.

C. The notice of intended forfeiture shall be served as follows:

1. By personal delivery or certified mail, return receipt requested, upon any person who has an interest in the seized vehicle as determined pursuant to Section 8.12.404(C).

2. In the event that the person entitled to service refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service. Substituted service may be accomplished by any one of the following methods:
a. By leaving a copy during usual business hours at the recipient’s business with the person who is apparently in charge, and by thereafter mailing by first class mail a copy to the recipient where the copy was left; or
b. By leaving a copy at the recipient’s dwelling or usual place of abode, in the presence of a competent member of the household and thereafter mailing by first class mail a copy to the recipient at the address where the copy was left.

3. If the person entitled to service lives out of state and will not accept certified return receipt mail, then service may be made by first class mail.

4. If the person entitled to notice cannot be located, or service cannot be effected as set forth in this subsection, service may be made by publication in a Los Angeles newspaper of general circulation. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063.

8.12.412 Claim Opposing Forfeiture and Court Proceedings.

A. A person claiming an interest in the seized vehicle must within 10 calendar days from the date of the notice of intended forfeiture or within 30 calendar days from the date of first publication of the notice of intended forfeiture, file with the Superior Court of the County of Solano a Claim Opposing Forfeiture, verified in accordance with Section 446 of the Code of Civil Procedure, stating their interest in the vehicle. An endorsed copy of the claim shall be served upon the City Clerk within 10 calendar days of the filing of the claim.

B. If a verified claim is filed in accordance with this section, the forfeiture proceeding shall be set for hearing within 30 calendar days from the date the claim is filed with the court, or as soon as the court may schedule such hearing. The city attorney shall file a petition for forfeiture with the court within 10 calendar days of service of the claim upon the city attorney.

A copy of the petition shall be served upon the claimant.

C. The hearing shall be before the Superior Court of Solano County, to be heard by a Superior Court judge. The provisions of the Code of Civil Procedure shall apply to proceedings under this article unless otherwise inconsistent therewith. However, in proceedings under this article, there shall be no joinder of actions, coordination of actions, 37 12

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except for forfeiture proceedings, or cross- complaints, and the issues shall be limited strictly to the questions related to this article.

D. With respect to vehicles described in subsection B for which forfeiture is sought and as to which forfeiture is contested, the city attorney shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in Section 8.12.404.

E. Upon proof that the vehicle was used for any of the purposes set forth in Section

8.12.404, the court shall declare the vehicle a nuisance and order that the vehicle be forfeited, sold, and the proceeds distributed as set forth in Section 8.12.416. The court may make a different distribution of the proceeds if the court finds that the claimant did not know that the vehicle was used for a purpose that constitutes a violation of this chapter.

F. If no claims are timely filed, the city attorney shall prepare a written declaration of forfeiture of the vehicle to the City. A written declaration of forfeiture signed by the city attorney under this article shall be deemed to provide good and sufficient title to the forfeited vehicle. The proceeds from the disposal of the vehicle declared forfeited by the city attorney shall be distributed in accordance with Section 8.12.416. The city attorney ordering forfeiture pursuant to this article shall provide a copy of the declaration of forfeiture to any person who received notice of the forfeiture proceedings.

8.12.416 Disposal of vehicle and distribution of proceeds.

In all cases where vehicles seized pursuant to this section are forfeited to the City, the vehicles shall be sold, or if cash is paid as settlement in lieu of forfeiture of the vehicle, the proceeds of sale or settlement shall be distributed and used in decreasing order of priority as follows:

A. To pay costs associated with the towing, storage, and release of any vehicle seized under this section;
B. To pay costs associated with the sale of the vehicle; C. For the vehicle forfeited to pay a lien holder of record, if any, up to the amount of his, her, or its unsatisfied lien on the vehicle;
D. The remaining funds shall be distributed to the City in an amount equal to all expenditures, other than costs provided for in subsections A, B and C of this section, made or incurred in connection with enforcement of this article, including but not limited to, costs for equipment, investigation and supplies related to enforcement of this article, and attorneys’ fees.

E. For budgeting purposes, funds attributable to this ordinance shall not be considered anticipated general fund revenue.

8.12.420 Exceptions to impoundment/seizure of nuisance vehicles.

Notwithstanding the provisions of this article, the City shall return a seized vehicle, and that vehicle shall not be subject to impoundment, upon the determination of any of the following circumstances:

A. The vehicle was actually stolen, provided that:

1. The theft was reported to a law enforcement agency prior to the vehicle’s use in violation of this article;
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2. The identity of the registered owner can be reasonably ascertained; and

3. The registered owner redeems the vehicle within 60 days of the seizure.

B. The vehicle is owned by the employer of the person who used it in violation of this article, provided that all of the following apply:

1. The use was made without the employer’s knowledge and consent;

2. The use did not provide a direct benefit to the employer’s business; and

3. The use did not further or advance the employer’s business interests in any way, and the use was of such nature that had the employer known, the use would have resulted in termination or substantial discipline.

8.12.424 Recovery of monetary loss.

Nothing in this section shall preclude an owner of a vehicle who suffers a monetary loss from the forfeiture of a vehicle under this section from recovering the amount of the actual monetary loss from the person who committed the act giving rise to forfeiture under this section.

8.12.428 Discretion of the city attorney.

From the time the city attorney receives the notice of seizure referred to in Section 8.12.404 to the final decision in forfeiture proceedings, the city attorney has discretion to resolve all proceedings under this article on such terms as may be, in the judgment of the city attorney, in the best interests of the City.

Article V Remedies

8.08.500 Each day a new violation; strict liability; remedies not exclusive.

A. Each day a violation of any provision of this chapter continues is considered a new violation, and may be punished as such.

B. Violations of any of the provisions of this chapter constitute strict liability offenses.

C. The city may enforce the provisions of this chapter through all means available to it at law and equity, and remedies may be used in combination and shall not be exclusive of each other.

8.08.504 Violations declared a public nuisance.

Any violation of this chapter is hereby declared a public nuisance, which may be abated in accordance with the provisions of this chapter, Chapter 8.12, or applicable state law, including recoupment of enforcement and abatement costs, and attorneys’ fees related thereto.

8.08.508 Additional penalties and remedies.

A. Any violation of this chapter may be punished pursuant to Chapters 1.08 and 1.20.

B. In the event of a conviction of a violation of this chapter and under appropriate circumstances, the court may order the defendant to pay restitution to any person who has incurred out-of-pocket expenses as a result of clean-up following illegal dumping, in addition to any other penalties.

C. Illegal dumping may be charged as a violation of Section 374.3 of the Penal Code. 39 14

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D. The City may order a the owner of a property subject to repeated illegal dumping to fence the property, following notice and order and an opportunity to be heard.

SECTION 3. EFFECT OF AMENDMENTS. Except as otherwise specifically provided in this Ordinance, all other provisions of Title 8 of the City of Suisun Municipal Code remain the same.

SECTION 4. ADOPTION AND EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its second reading and adoption.

SECTION 5. CERTIFICATION. The City Clerk shall certify the adoption of this ordinance, and shall cause the same to be posted and codified in the manner required by law. .

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

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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 Tuesday, _______, 2023, and regularly passed and adopted at a regular meeting of said City Council held on Tuesday, __________, 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

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28 ORDINANCE NO. 804

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY REPEALING AND REPLACING CHAPTER 8.08 (SOLID WASTES) OF TITLE 8 (HEALTH & SAFETY) OF THE SUISUN CITY MUNICIPAL CODE

WHEREAS, the City of Suisun City has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City, Cal. Const. Art. XI, section 7.

WHEREAS, residents of the City have complained about the nuisances created throughout the City by persons who dump solid waste, bulky items, and potentially hazardous materials.

WHEREAS, the City Council finds that in spite of proactive steps to attempt curtail illegal dumping, the problem persists.

WHEREAS, the City Council finds that illegal dumping activities also place an undue burden on the City, which spends considerable funds every year in cleanup, public education, and enforcement costs.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SUISUN CITY AS FOLLOWS:

SECTION 1. The recitals set forth above are true and correct, and are incorporated herein by reference.

SECTION 2. Chapter 8.08 (Solid Wastes) of Title 8 (Health & Safety) of the Suisun City Municipal Code is repealed and replaced with the following:
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Article I. General Matters.

8.08.100 Definitions.

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“Public place” means any property owned or controlled by a public agency, including but not limited to streets, alleys, gutters, highways, parks, sidewalks and parkways, marinas, parking lots or structures, and improved or unimproved real property. “Refuse” means both garbage and rubbish.
“Rubbish” means and includes all nonputrescible solid and semi-solid wastes, including, without limitation, ashes, paper, cardboard, tin cans, other packaging, yard wastes, wood, glass, bedding, crockery, plastics, rubber by-products and litter. “Recyclable materials” means any materials as so defined in Chapter 8.10.010J of the Suisun Municipal Code.
“Recycling” means the process defined in Chapter 8.10.010(K) of the Suisun Municipal Code. “Refuse receptacle” means any bin or container for the collection of solid waste and recyclables.
“Solid waste” or “solid wastes” means and includes all putrescible and nonputrescible solid and semi-solid wastes, including, without limitation, garbage, trash, refuse, paper, offal, rubbish, ashes, industrial wastes, construction and demolition waste, recyclable materials discarded by their owners, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes, and also includes liquid wastes disposed of in conjunction with solid wastes at solid waste transfer processing stations or disposal sites, but excludes sewage collected and treated in a municipal or regional sewerage system. “Vehicle” means any transportation device that requires the driver to have a valid driver’s license for the appropriate class of vehicle being driven, and which transportation device is equipped with a motor. “Vehicle” shall include boats, irrespective of whether the type of boat requires a driver’s license.
“Yard waste” means and includes solid wastes generated from the maintenance of yards, lawns and gardens, such as grass clippings, leaves, and tree and brush trimmings and prunings.

8.08.104 Enforcement of chapter.

8.08.108 Applicability.

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8.08.116 Self-disposal by residents.

Article II. Solid waste collection and disposal.

8.08.200 Solid waste receptacle enclosures.

A. All improved properties within the City shall provide permanent solid waste receptacle enclosure facilities. The enclosure shall be 6 feet in height; constructed of solid reinforced masonry, poured-in-place concrete, or other material of similar strength; enclosed on all sides; and with a solid gate 6 feet in height providing access to the trash area. If the enclosure is not within a gated building or community, it must also have a roof. Enclosure must have no gap between top of walls and roof, locks on doors, and include interior and exterior lighting. Solid waste contained within the enclosure shall not exceed the height of the enclosure. All enclosures shall be adequately maintained so that access doors function and the walls do not fall into disrepair. Permanent enclosures shall be provided for existing residential, commercial, and industrial developments when application is made for expansion of floor area by 25%, but in any event all improved property shall comply with this requirement within 12 months of the effective date of this ordinance. All construction shall be in accordance with applicable city standards.

B. Any property that cannot come into compliance with this requirement due to physical constraints of the property must make application to the Director of Community Development for a minor variation. The provisions of this section will be waived or modified only to the extent necessary to achieve this section’s purposes in light of the restrictions at the property.

8.08.204 Solid waste collection service required.

Residents of the city shall be allowed to place solid waste and yard waste containers in front of their property against the curb for collection on the same day they receive solid waste 45 5

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collection service, provided that this is done in strict accordance with this chapter and Chapter

8.10, as applicable, and any rules and regulations established by the city administrator. The solid waste shall be placed in company-provided containers.

8.08.208 Minimum solid waste receptacle capacity.

Required minimum trash receptacle capacity shall be as follows:

8.08.212 Conveyance along streets.

8.08.216 Trucks.

Every truck used in the collection, transportation or disposal of solid waste shall be kept well painted and clean, both inside and out.

8.08.220 Exclusive rights of contractor.

B. The solid waste is limited to abandoned vehicles and parts thereof, discarded home and industrial appliances and furniture, or agricultural solid wastes as defined in Section

8.08.100.
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C. The solid waste consists of septic tank pumpings, hazardous wastes or medical wastes which are being collected, transported and disposed of by properly permitted, certified and inspected haulers and vehicles as required by federal, state and local laws and regulations.

8.08.224 Contract—Authorized.

For the collection, transportation and disposal of solid waste, a contract may be entered into by the city in accordance with and subject to the terms and conditions of this chapter.

8.08.228 Contract—Bond —Scope.

8.08.232 Contract—Insurance.

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city, broad form property damage, bodily injury, automobile, employers’, and comprehensive form liability insurance in the amount of three million dollars per occurrence: provided (1) that the city, its officers, agents, employees and volunteers shall be named as additional insureds trader the general liability policy, (2) that the policy shall stipulate that this insurance will operate as primary insurance, and (3) that no other insurance maintained by the city or the other named insureds under the contract agent’s policy shall be called upon to cover a loss covered thereunder unless and until such time as the applicable insurance purchased by the contract agent is exhausted by reason of payment of claims. If the coverage limits set forth in this subsection are not reasonably obtainable through the insurance markets, the city manager shall meet and discuss with the contract agent the contract agent’s inability to obtain such coverage, and shall temporarily adjust the coverage requirements set forth in this paragraph to conform to industry standards taking into consideration contract agent’s demonstration that it is responsibly conducting its business and that coverage is not reasonably available at the coverage limits. In no case, however, will the insurance limits required above be any less than one million dollars per occurrence during the aforementioned period of such temporary adjustment.

8.08.236 Audit of contract agent’s books.

The books and businesses of the contractor shall be subject to audit and checking at any reasonable time by the city.

8.08.240 Rates for residential solid waste collection, transportation and disposal.

8.08.244 Billing charges to become lien.

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delinquency notice sent by the contract agent shall be approved by the city. The contract agent shall simultaneously file with the city a formal written notice stating that such delinquency notice has been sent to such recipient and owner and the date upon which notice was sent.

8.08.248 Fees—Commercial, industrial , and institutional.

8.08.252 Solid waste department.

Article III. Prohibited conduct.

8.08.300 Waste collection and transport.

8.08.304 Illegal dumping.

8.08.308 Unlawful accumulation.
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No person who owns or controls real property in the city shall deposit, keep, accumulate or permit, cause, or suffer any solid waste to be deposited, kept, or accumulated upon that parcel of land, unless same is kept, deposited, or allowed to accumulate as provided in this chapter.

8.08.312 Solid Waste Outside of Receptacles.

8.08.316 Burning.

It is unlawful to burn, or cause to be burned, solid waste in the city.

8.08.320 Burying.

It is unlawful for any person or persons to bury solid waste at any place within the city.

8.08.324 Interference.

8.08.328 Emergency removal.

Article IV Vehicle Forfeiture

8.12.400 Abatement of nuisance vehicle by seizure and forfeiture.

A. Any vehicle used to illegally dump any bulky item, any hazardous waste, or solid waste in violation of this code or other applicable state law is declared a nuisance.

C. All such nuisance vehicles shall be abated through seizure and impoundment procedures as provided in this chapter, subject to the exceptions set forth at Section 8.12.420.

D. A nuisance vehicle shall be seized and impounded for 30 days each time such vehicle is determined to be a nuisance under this article.

E. A criminal conviction shall not be required as a prerequisite to any proceeding brought pursuant to this article.

F. Physical seizure of a nuisance vehicle subject to this article shall not be required as a prerequisite to institution of impoundment proceedings. 50 10

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G. Any person who owns, leases, conducts, has control of, or maintains any vehicle used for any of the purposes or acts set forth in this article is responsible for creating a public nuisance.

8.12.404 Seizure of vehicle.

1. The seizure is incident to an arrest or search under a search warrant;

2. There is probable cause to believe the vehicle was used in violation of this chapter.

D. The notice of seizure shall include the following:

1. The name, address and telephone number of the agency providing the notice;

2. Identifying information for the vehicle seized and the authority and reason for the seizure;

4. The time in which a claim of interest in the vehicle seized or subject to forfeiture is required to be filed.

F. A vehicle seized pursuant to this section may be held as evidence in any proceeding brought by the city attorney.

8.12.408 Forfeiture and notice of intended forfeiture of vehicle.

A. Within 30 days of receipt of the notice of seizure required in Section 8.12.404, the city attorney may pursue the forfeiture of vehicles seized under this article, as provided in this 51 11

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section. If the city attorney does not commence forfeiture procedures under this section within that 30 day period, title shall revert to the owner and the seized vehicle shall be returned to the owner.

C. The notice of intended forfeiture shall be served as follows:

1. By personal delivery or certified mail, return receipt requested, upon any person who has an interest in the seized vehicle as determined pursuant to Section 8.12.404(C).

3. If the person entitled to service lives out of state and will not accept certified return receipt mail, then service may be made by first class mail.

8.12.412 Claim Opposing Forfeiture and Court Proceedings.

A copy of the petition shall be served upon the claimant.

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except for forfeiture proceedings, or cross- complaints, and the issues shall be limited strictly to the questions related to this article.

E. Upon proof that the vehicle was used for any of the purposes set forth in Section

8.12.416 Disposal of vehicle and distribution of proceeds.

E. For budgeting purposes, funds attributable to this ordinance shall not be considered anticipated general fund revenue.

8.12.420 Exceptions to impoundment/seizure of nuisance vehicles.

A. The vehicle was actually stolen, provided that:

1. The theft was reported to a law enforcement agency prior to the vehicle’s use in violation of this article;
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2. The identity of the registered owner can be reasonably ascertained; and

3. The registered owner redeems the vehicle within 60 days of the seizure.

B. The vehicle is owned by the employer of the person who used it in violation of this article, provided that all of the following apply:

1. The use was made without the employer’s knowledge and consent;

2. The use did not provide a direct benefit to the employer’s business; and

8.12.424 Recovery of monetary loss.

8.12.428 Discretion of the city attorney.

Article V Remedies

8.08.500 Each day a new violation; strict liability; remedies not exclusive.

A. Each day a violation of any provision of this chapter continues is considered a new violation, and may be punished as such.

B. Violations of any of the provisions of this chapter constitute strict liability offenses.

C. The city may enforce the provisions of this chapter through all means available to it at law and equity, and remedies may be used in combination and shall not be exclusive of each other.

8.08.504 Violations declared a public nuisance.

8.08.508 Additional penalties and remedies.

A. Any violation of this chapter may be punished pursuant to Chapters 1.08 and 1.20.

C. Illegal dumping may be charged as a violation of Section 374.3 of the Penal Code. 54 14

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D. The City may order the owner of a property subject to repeated illegal dumping to fence the property, following notice and order and an opportunity to be heard.

SECTION 3. EFFECT OF AMENDMENTS. Except as otherwise specifically provided in this Ordinance, all other provisions of Title 8 of the City of Suisun Municipal Code remain the same.

SECTION 4. ADOPTION AND EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its second reading and adoption.

SECTION 5. CERTIFICATION. The City Clerk shall certify the adoption of this ordinance, and shall cause the same to be posted and codified in the manner required by law. .

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

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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 introduc ed at a regular meeting of the said City Council held on Tuesday, _______, 2023, and regularly passed and adopted at a regular meeting of said City Council held on Tuesday, __________, 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

56 AGENDA ITEM NO. 6

AGENDA TRANSMITTAL

MEETING DATE:

October
3, 2023

CITY AGENDA ITEM:

Council Adoption of Ordinance No. 805: Amending Title 18 (Zoning) of the Suisun City Municipal Code of the City of Suisun City Modifying the Fences and Walls Regulations Chapter 18.34 – Fences and Walls and Finding of Exemption from the California Environmental Quality Act (CEQA).

FISCAL IMPACT:

There is no fiscal impact to the General Fund with the approval of the item.

STRATEGIC PLAN:

Provide Good Governance, Section 4.7 - Improve productivity, efficiency, customer service, and citizen satisfaction in all areas of municipal organization.

BACKGROUND:

The City continues to address vacant property challenges such as the deposit of junk on the property, litter populating on the property, homeless issues, and overall owner awareness of property owner responsibility to maintain and adequately secure their property. When considering options to address this situation, staff determined that one area that could mitigate some of these issues is the installation of chain-link fencing around the perimeter of properties. After carefully examining the City’s fence regulations, staff determined the current code language regarding the use of chain-link fencing needs reexamination to distinguish when chain-link fencing would be a suitable use on private property.

At their regular meeting on September 19, 2023, the City Council introduced and waived reading of the subject ordinance by a vote of 4-0.

STAFF REPORT:

The City’s current regulations state that chain-link fencing is prohibited in any zoning district. Chainlink fencing is usually made of metal consisting of loops of wire interconnected in a series of joined links. When considering a zoning approach to establish a pathway allowing chain-link fencing in the City, staff determined that regulations should fit the following three classifications:

Residential, Commercial/Industrial, and Waterfront District Specific Plan.

Residential
The current fence regulations clearly state that chain-link fencing is prohibited within residential zoning districts. Complicating the provision are additional regulations prohibiting front yard installation but no further discussion regarding rear yard and side yard installation. The code will be revised to ensure chain-link fencing on developed and vacant residential properties will be prohibited in front, side, and rear yards.

Commercial/Industrial
Current fence regulations prohibit the permanent installation of chain-link fencing on commercial and industrial-zoned property, with exceptions granted to secure construction projects and to screen contractors’ yards or similar uses. The proposed amendments would permit chain-link fencing on vacant commercial and industrial-zoned property to be placed on the perimeter boundary of the property at a maximum height of six feet. Chain-link fencing will continue to be permitted for construction projects and contractor yards.
57 Waterfront District Specific Plan
The Waterfront District Specific Plan prohibits chain-link fencing in all districts. With a mixture of residential and commercial uses in the plan area and given the dense urban environment, chain-link fencing could create a displeasing aesthetic for businesses and visitors to the downtown. After carefully considering the need to secure vacant property for safety and security purposes, staff determined that focused regulations are necessary within the downtown area. The proposed amendments will allow chain-link fencing for vacant commercial/mixed-use properties in the specific plan area and cannot exceed six feet in height and must be placed on the property's perimeter. All chain-link fencing within the district shall include a green color mesh screen to be maintained appropriately. Like residential uses outside of the plan area, chain-link fencing shall be prohibited on residential property.

STAFF RECOMMENDATION:

Adopt Ordinance No. 805: Amending Title 18 (Zoning) of the Suisun City Municipal Code of the City of Suisun City Modifying the Fences and Walls Regulations Chapter 18.34 – Fences and Walls and Finding of Exemption from the California Environmental Quality Act (CEQA).

DOCUMENTS ATTACHED:

1 .

Ordinance No. 805: Amending Title 18 (Zoning) of the Suisun City Municipal Code Modifying the Fences and Walls Regulations - Strikethrough
2 .

Ordinance No. 805: Amending Title 18 (Zoning) of the Suisun City Municipal Code Modifying the Fences and Walls Regulations - Strikethrough

PREPARED BY:

Jim Bermudez, Development Services Director
REVIEWED BY:

Aaron Roth, Acting City Manager/Chief of Police
APPROVED BY:

Aaron Roth, Acting City Manager/Chief of Police

ATTACHMENTS:

1. Ordinance No. 805 Amending Title 18 (Zoning) of the Suisun City Municipal Code Modifying the Fences and Walls Regulations - Strikethrough.pdf

2. Ordinance No. 805 Amending Title 18 (Zoning) of the Suisun City Municipal Code Modifying the Fences and Walls Regulations - Clean Version.pdf
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28 ORDINANCE NO. 805

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SUISUN CITY, CALIFORNIA, AMENDING TITLE 18
(ZONING) OF THE SUISUN CITY MUNICIPAL CODE OF

THE CITY OF SUISUN CITY MODIFYING THE FENCES
AND WALLS REGULATIONS CHAPTER 18.34 – FENCES

AND WALLS AND FINDING OF EXEMPTION FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

WHEREAS, Section 1.01.050 of the Suisun City Municipal Code provides for amendments to the Suisun City Municipal Code by the City Council; and WHEREAS, Title 18, Chapter 18.82 – Amendments of the Suisun City Municipal Code provides for the amendment of the Title by changing the text whenever the public necessity, convenience, or general welfare requires such amendment; and WHEREAS, this proposed Zoning Ordinance amendment was considered by the Planning Commission of the City of Suisun City at its regular meeting of August 22, 2023; and
WHEREAS, the Planning Commission on August 22, 2023, acted on the proposed amendment and voted 2-2 with the Chair absent; and
WHEREAS, the split vote represents no recommended action by the Planning Commission and now is considered by the Council; and
WHEREAS, a public notice describing the proposed amendments to the Suisun City Zoning Ordinance relative to Title 18 was published in the Daily Republic, a newspaper of general circulation, in accordance with 6061 or the California Government Code; and WHEREAS, on September 5, 2023, the Council continued this item to a date certain of September 19, 2023.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUISUN
CITY, CALIFORNIA DOES ORDAIN AS FOLLOWS:
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SECTION 1. The City Council hereby recommends that approval of the proposed changes to the text of the Suisun City Municipal Code amending Chapter 18.34 Fences and Walls which are shown by strike -through, or bold double underscore amended (new) text and hereby to read as follows:

Table 18.34.01 Height Limits by Zoning District
Zone Location Height Materials1
RL, RM2 Front yard 3 ft. max. if solid 4 ft.
max if 50% or more
open
Metal, wood, hedge,
stucco. Stone and
brick permitted for
posts.

Side yard 6 ft. max if 5 ft.
setback provided 3 ft.
max. if within 5 ft.
setback 6 ft. max. on
interior side yard
Metal, wood, hedge,
stucco. Stone and
brick permitted for
posts.

Rear yard 6 ft. max. Wood
RH1, RH22, RMU Perimeter 6 ft. max. Metal, wood
Service areas 6 ft. max. Metal, masonry,
concrete block, brick
RMU, CMU Residential use defined by RL, Commercial uses defined by CR
—

CR, CSF, CMU, O
Front yard Not permitted4
Side yard Not permitted4
Rear yard Not Permitted4
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Service areas 8 ft. max storage
areas4
Metal, masonry,
concrete block, brick
APS Residential uses defined by RL, Commercial uses defined by CR OS, P To demarcate use areas 3 ft. max.

Service areas 6 ft. max. Metal, masonry,
concrete block, brick
PQP To demarcate use
areas
3 ft. max Hedge, wood, brick,
stone, stucco
Service areas 6 ft. max. Metal, masonry,
concrete block, brick
1 Chain link fence is not permitted in any residential district. 2 Fencing for front and corner side yards in single-family residential districts, and perimeter fencing in multi-family districts (other than soundwalls) must be permeable to allow visibility into the yard from exterior vantage points to promote security. Permeable fencing must be a minimum of 50 percent open. Refer also to standards for specific conditions in Section 18.34.050 and soundwall standards in Section 18.34.060.
3 Refer also to Section 18.34.020 for fences and walls around storage areas and Section 18.34.030 for requirements for outdoor sales, storage, or rental lots.

4. Refer to Chapter 18.34.050 (E) chain-link fence standards

18.34.050 – Other fence and wall standards.

D. Chain -link fences are not permitted in front, side, and rear yard residential districts.

E. Chain-link fences are permitted on vacant commercial district properties. The following development criteria shall be met:

1. Fences shall be placed on the perimeter of the property.

2. Fences shall not exceed six (6) feet in height.

3. If property is subdivided and a remainder portion of the property remains vacant, a chain-link fence is permitted.

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F. Chain-link fences are permitted on vacant commercial/mixed us e Waterfront District Specific Plan properties. The following development criteria shall be met:

1. Fences shall be placed on the perimeter of the property.

2. Fences shall not exceed six (6) feet in height.

3. A green color mesh shall be attached to the fence and placed around the entire perimeter of the property.

18.34.070 - Prohibited materials.

It is unlawful to erect any electrically charged fence or any fence composed of barbed wire, razor wire or other material which is designed to cause injury upon contact on or adjacent to any residential use regardless of the underlying zoning. Chain link f ences may not be constructed after passage of the ordinance from which this title is derived in the front or reducible front yard of residential uses and residential zoning districts.

SECTION 2. This ordinance amendment is categorically exempt from environmental review under Section 15061 (b)(3) of the State CEQA Guidelines. The proposed text amendments are covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 3. This Ordinance shall be in full force and effect thirty (30) days after its adoption following second reading.

SECTION 4. The City Clerk is hereby authorized and directed to certify as the passage of this Ordinance and to give notice thereof by causing c opies of this Ordinance to be posted in three public places throughout the City, or published in a county newspaper that is circulated in the City, within 15 days after its passage, there being no newspaper of general circulation printed and published within the City.

62 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

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
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28 ORDINANCE NO. 805

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SUISUN CITY, CALIFORNIA, AMENDING TITLE 18
(ZONING) OF THE SUISUN CITY MUNICIPAL CODE OF

THE CITY OF SUISUN CITY MODIFYING THE FENCES
AND WALLS REGULATIONS CHAPTER 18.34 – FENCES

AND WALLS AND FINDING OF EXEMPTION FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUISUN
CITY, CALIFORNIA DOES ORDAIN AS FOLLOWS:
64 Adopted

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Side yard 6 ft. max if 5 ft.
setback provided 3 ft.
max. if within 5 ft.
setback 6 ft. max. on
interior side yard
Metal, wood, hedge,
stucco. Stone and
brick permitted for
posts.

Rear yard 6 ft. max. Wood
RH1, RH22, RMU Perimeter 6 ft. max. Metal, wood
Service areas 6 ft. max. Metal, masonry,
concrete block, brick

CR, CSF,CMU, O
Front yard Not permitted4
Side yard Not permitted4
Rear yard Not Permitted4
Service areas 8 ft. max storage
areas4
Metal, masonry,
concrete block, brick
65 Adopted

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APS Residential uses defined by RL, Commercial uses defined by CR OS, P To demarcate use areas 3 ft. max.

4. Refer to Chapter 18.34.050 (E) chain-link fence standards.

18.34.050 – Other fence and wall standards.

D. Chain- link fences are not permitted in front, side, and rear yard residential districts.

E. Chain- link fences are permitted on vacant commercial district properties. The following development criteria shall be met:

1. Fences shall be placed on the perimeter of the property.

2. Fences shall not exceed six (6) feet in height.

3. If property is subdivided and a remainder portion of the property remains vacant, a chain-link fence is permitted.

F. Chain-link fences are permitted on vacant commercial/mixed use Waterfront District Specific Plan properties. The following development criteria shall be met:

1. Fences shall be placed on the perimeter of the property. 66 Adopted

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2. Fences shall not exceed six (6) feet in height.

3. A green color mesh shall be attached to the fence and placed around the entire perimeter of the property.

18.34.070 - Prohibited materials.

SECTION 3. This Ordinance shall be in full force and effect thirty (30) days after its adoption following second reading.

SECTION 4. The City Clerk is hereby authorized and directed to certify as the passage of this Ordinance and to give notice thereof by causing copies of this Ordinance to be posted in three public places throughout the City, or published in a county newspaper that is circulated in the City, within 15 days after its passage, there being no newspaper of general circulation printed and published within the City.

67 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

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
68 AGENDA ITEM NO. 7

AGENDA TRANSMITTAL

MEETING DATE:

October
3, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-___: Authorizing the Acting City Manager to Execute a Multi-Channel Sales Agreement with Ritchie Bros. for the Sale of Fire Department Surplus Apparatus.

FISCAL IMPACT:

There is no negative fiscal impact to the General Fund from the item. Revenue from the sale is expected.

STRATEGIC PLAN:

Provide Good Governance, Section 4.7 – Improve productivity, efficiency, effectiveness, customer service and citizen satisfaction in all areas of municipal organization.

BACKGROUND:

The fire department has identified two vehicles that are out of service and beyond their service life as emergency vehicles. The two vehicles noted here are (1) a 1999 Pierce Saber Type 1 Fire Engine old E247 and (2) a 1999 Ford F-250 XL pickup truck old U47. Both vehicles are currently stored at the City Corporation Yard and per industry standards beyond their service life as fire department emergency vehicles.

STAFF REPORT:

Ritchie Bros. Auctioneers has been identified as an approved method to sell or dispose of surplus vehicles. The vehicles are projected to sell for a few thousand dollars each. A check will be provided to the City of Suisun City, less the “Commission Rate” and title fees as noted in the agreement. The funds recovered from the sale will go back towards the General Fund.

STAFF RECOMMENDATION:

Staff recommends the City Council Authorize the Acting City Manager to Execute a Multi-Channel Sales Agreement with Ritchie Bros. for the Sale of Fire Department Surplus Apparatus.

DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-___: A Resolution of the City Council of the City of Suisun City Authorizing the Acting City Manager to Execute a Multi-Channel Sales Agreement with Ritchie Bros. for the Sale of Fire Department Surplus Apparatus 2 .

Multi-Channel Sales Agreement from Ritchie Bros Sales

PREPARED BY:

Brad Lopez, Fire Chief
REVIEWED BY:

Brad Lopez, Fire Chief
APPROVED BY:

Aaron Roth, Acting City Manager/Chief of Police

ATTACHMENTS:

1. Resolution Authorizing the Acting City Manager to Execute a Multi-Channel Sales Agreement.pdf

2. Multi-Channel Sales Agreement from Ritchie Bros Sales.pdf 1 Blank Page - THIS PAGE INTENTIONALLY LEFT BLANK.pdf
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RESOLUTION NO. 2023 - ___

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

AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE A MULTI- CHANNEL SALES AGREEMENT WITH RITCHIE BROS. FOR THE SALE OF

FIRE DEPARTMENT SURPLUS APPARATUS

WHEREAS, the Fire Department has identified two vehicles that are out of service and beyond their service life as emergency vehicles; and
WHEREAS, the vehicles are listed as follows, a 1999 Pierce Saber Type 1 Fire Engine and a 1999 Ford F-250 XL pickup truck once utilized as a utility vehicle; and WHEREAS, Ritchie Bros Auctioneers have locations across the globe; and WHEREAS, it is projected the engine and pickup truck will be sold for a few thousand dollars apiece; and
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Suisun City authorizes the Acting City Manager to execute a Multi -Channel Sales Agreement with Ritchie Bros for the two fire department vehicles identified above.; and BE IT FURTHER RESOLVED that the Acting City Manager is hereby authorized to enter into any agreement or take such actions as may be necessary to implement th e Council’s actions.

PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, October 3, 2023, by the following vote:

AYES: Councilmembers: _______________________________________________ NOES: Councilmembers: _______________________________________________ ABSENT: Councilmembers: _______________________________________________ ABSTAIN: Councilmembers: _______________________________________________ WITNESS my hand and the seal of the City of Suisun City on this 3rd day of October 2023.

______________________________
Anita Skinner,
City Clerk
70 MULTI-CHANNEL SALES AGREEMENT
Contract #: 00770276

LEGAL NAME OF SELLER: City of Suisun City Fire
Department
DATE: \d7\ (DD/MM/YYYY)
JURISDICTION OF INCORPORATION/REGISTRATION: SALES REP:

Cole Blight

This MULTI-CHANNEL SALES AGREEMENT (this “ Agreement”) is entered into as of the date first written above (the “ Effective Date”) by and between the applicable entity/entities set forth in the Terms and Conditions (as defined herein) (“ RB Group”) and the customer identified above (the “Seller”) for the sale of Equipment through a Live Auction Event or the Marketplaces.

1. SELLER INFORMATION
Account Name
Doing Business As
Local Language Seller Name
City of Suisun City Fire Department

Seller Business Address 621 Pintail Dr, Suisun City, CA, United States of America, 945852100 Authorized Representative Aaron Roth
Title of Authorized Representative Acting City Manager
Phone 1 (530) 681-2619
Fax
Email [email protected]

2. COMMERCIAL TERMS APPLICABLE TO LIVE AUCTION EVENT

Equipment The Seller authorizes RB Group to offer and sell the equipment listed on Schedule A (“ Schedule A Equipment”) at the Live Auction Event.

Delivery The Seller will deliver each item of Schedule A Equipment, at the Seller’s cost, to the corresponding location specified in Schedule A (each a “Site”) no later than the delivery date, if applicable, also specified therein.

The Seller may elect for RB Group to arrange for delivery of the Schedule A Equipment to the Site by indicating the same in Schedule A. If delivery by RB Group is elected, the Seller will be charged a delivery fee equal to the actual cost of delivery plus 10%.

Live Auction Event RB Group will, as agent of the Seller, offer Schedule A Equipment, together with any additional items delivered by the Seller to the Site and received by RB Group, for sale at an RB Group scheduled unreserved public auction to be held on or about on the date(s) specified in Schedule A (the “Live Auction Event”).

Titled Equipment The Seller hereby appoints RB Group as its attorney-in-fact with a limited power of attorney (“LPOA”) to execute on the Seller’s behalf, all documents necessary and required to transfer title to, and permit registration of ownership of, any portion of the Schedule A Equipment to the buyer; provided, however, if original titles or a notarized LPOA are required by federal, state, provincial or local regulat ion to transfer title, the Seller will provide RB Group with either, as applicable, (i) signed original titles, or (ii) a notarized LPOA and unsigned original titles at least two weeks prior to the Live Auction Event. Failure to provide title(s) and/or an LPOA as required may prevent the Schedule A Equipment being made available for sale at the Live Auction Event until such documentation is provided.

3. COMMERCIAL TERMS APPLICABLE TO MARKETPLACE

Equipment RB Group will advertise for sale the equipment listed on Schedule B (“Schedule B Equipment”, and collectively with Schedule A Equipment, the “Equipment”) which the Seller desires to offer for sale through one or more of RB Group’s online marketplaces (collectively, the “Marketplaces”, and each a “Marketplace”), as indicated by the “Sale Type” selected by the Seller and noted on Schedule B.

Listing Fees A Listing Fee will apply for each unit of Schedule B Equipment that the Seller lists on the Marketplaces.

Equipment Condition The Seller agrees that the Schedule B Equipment will remain in the same or better condition as when CONFIDENTIAL Page 1 of 6 .

DocuSign Envelope ID: A046588B-D46D-47E4-906D-72EB1600F09671

MULTI-CHANNEL SALES AGREEMENT
Contract #: 00770276

previously inspected by RB Group. In the event of any unforeseen machine failure, the Seller agrees to make the necessary repairs to bring the Schedule B Equipment to the same condition as when inspected by RB Group.

Titled Equipment The Seller hereby appoints RB Group as its attorney-in-fact with a limited power of attorney (“LPOA”) to execute on the Seller’s behalf, all documents necessary and required to transfer title to, and permit registration of ownership of, any portion of the Schedule B Equipment to the buyer; provided, however, if original titles or a notarized LPOA are required by federal, state, provincial or local regulation to transfer title, the Seller will provide RB Group with either, as applicable, (i) signed original titles, or (ii) a notarized LPOA and unsigned original titles at least two weeks prior to the time of listing. Failure to provide title(s) and/or an LPOA as required may prevent the Schedule B Equipment being made available for sale on the Marketplace(s) until such documentation is provided

4. GENERAL COMMERCIAL TERMS
Proceeds Unless otherwise specified in writing, the Seller acknowledges that there is no guarantee whatsoever as to the gross proceeds to be realized from the sale of the Equipment.

Title Transfer Fees; Lien
Search Fees
The Seller will pay lien search fees, title transfer fees and any other fee applicable as set out in the Terms & Conditions for each unit of Equipment, unless otherwise specified. RB Group will deduct such fees from any amounts owing to the Seller.

Commission Rate RB Group will be entitled to a commission based on the gross sale price of each piece of Equipment as follows:
(a) 15.00 % for any lot in excess of USD 3,000.00; and (b) 25.00 % for any lot realizing USD 3,000.00 or less, with a minimum fee of USD 195.00 per lot.

Seller Initials RB Group Initials

\i5\ \i4\ \i3\ \i2\ \i1\
\i7\

Terms & Conditions This Agreement incorporates by reference the terms and conditions located at https://www.rbauction.com/legal-policies/seller-terms-and-conditions(\Terms_US_English1\) in force as of the Effective Date (“ Terms and Conditions”). By initialing here, the Seller acknowledges that (i) the Seller has received a copy of the Terms and Cond itions with this Agreement, (ii) it is the Seller’s responsibility to familiarize itself with the Terms and Conditions, and (iii) the Seller is bound by the Terms and Conditions .

Seller
Initials
\i5\ \i4\ \i3\ \i2\ \i1\

Refurbishment The Seller elects to have RB Group arrange for the welding, sandblasting, painting, cleaning, and other refurbishing (the “Refurbishing”) of the Equipment to a standard acceptable to RB Group. : NO Should RB Group organize and pay for the Refurbishing of any part of the Equipment, RB Group will be reimbursed for these costs plus 10.00 % provided that the total cost will not exceed USD0.00 without the Seller’s consent.

Fuel/Batteries/Tire
Repair Costs
The Seller will reimburse RB Group for the cost plus 10% of fuel, batteries and tire repair as RB Group deems necessary for the demonstration and sale of the Equipment, if applicable.

5. LIENS/ENCUMBRANCES
ARE THERE ANY LIENS ON THE EQUIPMENT? NO
SELLER’S INTERNAL CONTACT REGARDING LIENS AND
TITLES (Name/Phone/Fax/Email):

Name:Aaron Roth
Phone: 1 (530) 681-2619
Fax:

Email: [email protected]
CONFIDENTIAL Page 2 of 6 .

DocuSign Envelope ID: A046588B-D46D-47E4-906D-72EB1600F096 Terms and Conditions72

MULTI-CHANNEL SALES AGREEMENT
Contract #: 00770276

1. If “Yes,” please provide information for each of the lien holders for blanket liens below and as requested in the applicable Schedule.

2. Unless otherwise disclosed herein, the undersigned, on behalf of the Seller, certifies that all Equipment is or will be free of all liens, charges, security interests, tax or duty obligations or other encumbrances (“Encumbrances”) prior to being placed for sale in a Live Auction Event or on the Marketplace(s).

3. The Seller: (i) authorizes RB Group to conduct lien searches on the Equipment; (ii) authorizes RB Group to contact potential lien holders for the disclosure of Encumbrances and to obtain pay-off balances and releases; (iii) consents to the release to RB Group of any and all information pertaining to any such lien, charge, encumbrance or security interest; and (iv) assigns proceeds from the sale of the Equipment as may be required to discharge and satisfy all charges, liens, claims and encumbrances in respe ct of the Equipment.

4. For greater certainty, lien search fees will apply regardless of the Seller’s response.

6. MISCELLANEOUS
Entire
Agreement;
Priority
This Agreement, together with the Terms and Conditions, contains the entire agreement of the parties with respect to the subject matter hereof and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties. In the event of a conflict between the provisions of this Agreement and the Terms and Conditions, this Agreement will control.

Counterparts This Agreement may be executed in counterparts, each of which will be considered an original, but all of which together will constitute the same instrument. Execution and delivery of this Agreement may be evidenced by facsimile, PDF, electronic signature, or acknowledgement email and will hold the same force and effect as an original signature for purposes of binding the parties.

Term This Agreement is valid only for the Equipment listed on Schedule A and Schedule B from the Effective Date until such Equipment is sold or withdrawn pursuant to the terms of this Agreement.

Currency and
Payment
Unless otherwise stated in the Terms and Conditions, all prices noted in this Agreement are listed in the currency of the country in which the Equipment is located at the time such Equipment is offered for sale. The same currency will be used for invoice and payment.

7. ADDITIONAL PROVISIONS
Additional Provisions Promotion: 2023Q3 RBA 50% $1000

IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the Effective Date, and each represents and warrants to the other that it has validly entered into this Agreement and has the legal power to do so.

SELLER: City of Suisun City Fire Department
Name: Aaron Roth Title: Acting City Manager
By (Signature):
\s1\
Date
Signed:

\d1\
(dd/mm/yyyy)

\contract1\
RITCHIE BROS. AUCTIONEERS (AMERICA) INC.

Name: Cole Blight Title: Inside Territory Manager
By (Signature):

\s7\
Date
Signed:

\d7\
(dd/mm/yyyy)

CONFIDENTIAL Page 3 of 6 .

DocuSign Envelope ID: A046588B-D46D-47E4-906D-72EB1600F096 contract73

MULTI-CHANNEL SALES AGREEMENT
Contract #: 00770276

IRONPLANET, INC.

Name: Cole Blight Title: Inside Territory Manager
By (Signature):

\s7\
Date
Signed:

\d7\
(dd/mm/yyyy)

CONFIDENTIAL Page 4 of 6 .

DocuSign Envelope ID: A046588B-D46D-47E4-906D-72EB1600F09674

MULTI-CHANNEL SALES AGREEMENT
Contract #: 00770276
Seller RBGroup

\i5\

\i4\

\i3\

\i2\

\i1\

\i7\

SCHEDULE A TO AGREEMENT

EQUIPMENT FOR LIVE AUCTION EVENT

SELLER’S NAME: City of Suisun City Fire Department

#
Item Description –
Manufacturer, Model, Serial Number, Description,
Auction Event and Date, Delivery
Encumbrance Holder
Company/Contact Name/Email
Phone/Fax/Account
(if none, state 'nil')
Amount Owing on
Encumbrance
1 Year: 1999 Manufacturer: Pierce Model: Saber Description: 1999 Pierce Saber Fire Truck Machine Type: Fire Truck

Auction Event and Date: California Dealer Dismantler, USA - Dec 22, 2023
Delivery Location: Sacramento - RB Yard Delivery Date: 11/10/2023 (dd/mm/yyyy)

Nil

2 Year: 1999 Manufacturer: Ford Model: F-250 Description: 1999 Ford F-250 XL Machine Type: :Misc. Truck

Auction Event and Date: California Dealer Dismantler, USA - Dec 22, 2023
Delivery Location: Sacramento - RB Yard Delivery Date: 11/10/2023 (dd/mm/yyyy)

Nil

Legend
PoR Price on Request

CONFIDENTIAL Page 5 of 6 .

DocuSign Envelope ID: A046588B-D46D-47E4-906D-72EB1600F09675

MULTI-CHANNEL SALES AGREEMENT
Contract #: 00770276
Seller RBGroup

\i5\

\i4\

\i3\

\i2\

\i1\

\i7\

SCHEDULE B TO AGREEMENT

EQUIPMENT FOR ONLINE MARKETPLACE SALE

SELLER’S NAME: City of Suisun City Fire Department

Note – Currently there are no assets scheduled to be sold through Marketplace

CONFIDENTIAL Page 6 of 6 .

DocuSign Envelope ID: A046588B-D46D-47E4-906D-72EB1600F09676

RITCHIE BROS. AUCTIONEERS (AMERICA) INC.
4000 Pine Lake Rd, Lincoln, Nebraska, United States of
America, 68516

Phone: 402.421.3631
Internet: www.rbauction.com
_________________________________________________________________________________

RBA
Initials

\i7\
Auth to Contact Lienholders_05_16

To Whom It May Concern,

The undersigned party confirms it has entered into a Contract to Auction with RITCHIE BROS.

AUCTIONEERS (AMERICA) INC. (the “Auctioneer”) for the purpose of selling certain assets and equipment (the “Equipment”).

The undersigned party hereby authorizes the Auctioneer to conduct searches and contact creditors as required for the disclosure of liens, charges and encumbrances to determine amounts claimed against the Equipment. The undersigned further consents to the release to the Auctioneer of any and all documents or information pertaining to any such lien, charge or other encumbrance whether registered or unregistered, or security interest claimed in any assets of the undersigned.

Owner Name: City of Suisun City Fire Department
Authorized
Person: Aaron Roth Title: Acting City Manager
Signature:
\s1\
Date
Signed:

\d1\
(dd/mm/yyyy)

\Acl1\
DocuSign Envelope ID: A046588B-D46D-47E4-906D-72EB1600F096 acl
77 THIS PAGE INTENTIONALLY LEFT BLANK
78 AGENDA ITEM NO. 8

AGENDA TRANSMITTAL

MEETING DATE:

October
3, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-__: Authorizing the Acting City Manager to Execute a Grant Agreement with the State of California Department of Parks and Recreation Division of Boating and Waterways for the Surrendered and Abandoned Vessel Exchange (SAVE) Program.

FISCAL IMPACT:

The Surrendered and Abandoned Vessel Exchange (SAVE) program grant will provide $60,000 for the removal and disposal of surrendered, abandoned, and nuisance vessels. In anticipation of receiving this funding, an appropriation for this purpose was included in the FY2023-24 Budget. The grant requires that the City provide a 10% match, and this will be met by the provision of in-kind services, primarily consisting of the Recreation Manager’s time, which is included in the current budget.

STRATEGIC PLAN:

Provide Good Governance.

BACKGROUND:

The Suisun City Marina needs a funding source to deal with abandoned, derelict and nuisance vessels in the marina and in waterways located within the city. Removal of abandoned watercraft from the marina and City waterways would beautify the marina, open additional slip options for potential renters, improve boating safety by reducing navigational hazards, and reduce potential environmental dangers. To facilitate these activities, the city applied to the state for a SAVE grant.

By providing funds for the removal of abandoned vessels and providing a vessel surrender program, the SAVE program grant would be both reactive and proactive. The SAVE program grant may be used for recreational vessels only. Grant funds may not be used for commercial vessels.

STAFF REPORT:

The Surrendered and Abandoned Vessel Exchange (SAVE) program grant funds are comprised of a combination of grant funds from the Abandoned Watercraft Abatement Fund (AWAF) and the Vessel Turn-In Program (VTIP), and grant funds may be used by the City for either purpose. Most cities with marinas and/or public waterways participate in the SAVE Program.

Abandoned vessels, as defined by Harbors and Navigation Code section 522 (a), can be removed by the SAVE program grant funds. The city has been receiving SAVE Grant funding since 2017 to remove derelict vessels, and the majority of funding was utilized. The city continues to have demand for derelict vessel removal and the State recognized the need to continue funding for the Suisun Marina.

No vessel would be removed without the city first making every effort to contact and work with the owner of the vessel. Owners of the vessels would be given ample time to address issues pertaining to their vessels. Removal of a vessel would only occur when all other efforts to remedy the situation have been exhausted.

In addition to the removal of abandoned vessels, the SAVE program grant would enable the city to administer a surrendered vessel program. This program would provide a cost-free alternative for boat owners who may otherwise consider abandoning a boat. Boat owners would be required to show proof 79 that they are the registered owner and sign a release of interest in the boat.

The City’s grant application for a SAVE program grant was approved in the amount of $60,000. The grant term would be from October 3, 2023, through September 30, 2025. Since the grant application has been approved by the state, it requires the City Council to pass a Resolution authorizing the execution of the agreement and naming the signatory of the contract.

STAFF RECOMMENDATION:

It is recommended that the City Council:

1 .

Adopt Resolution No. 2023-__: Authorizing the Acting City Manager to Execute a Grant Agreement with the State of California Department of Parks and Recreation Division of Boating and Waterways for the Surrendered and Abandoned Vessel Exchange (SAVE) Program.

DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-__: Authorizing the Acting City Manager to Execute a Grant Agreement with the State of California Department of Parks and Recreation Division of Boating and Waterways for the Surrendered and Abandoned Vessel Exchange (SAVE) Program. 2 .

SAVE-23 Program Grant Agreement

PREPARED BY:

Janet Hull, Recreation Manager
REVIEWED BY:

Kris Lofthus, Deputy City Manager
APPROVED BY:

Aaron Roth, Acting City Manager/Chief of Police

ATTACHMENTS:

1. Resolution Authorizing the Acting City Manager to Execute a Grant Agreement with the State of CA Dept. of Parks & Rec. Division of Boating.pdf

2. SAVE-23 Program Grant Agreement.pdf
1 Blank Page - THIS PAGE INTENTIONALLY LEFT BLANK.pdf
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28 RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY

AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE A GRANT

AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF PARKS

AND RECREATION DIVISION OF BOATING AND WATERWAYS FOR THE

SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE) PROGRAM

WHEREAS, the City of Suisun City has applied to the California Department of Parks and Recreation Division of Boating and Waterways for grant funds to provide for the removal and disposal of surrendered, abandoned, and nuisance vessels; and WHEREAS, the Surrendered and Abandoned Vessel Exchange (SAVE) program grant funds are comprised of a combination of grant funds from the Abandoned Watercraft Abatement Fund (AWAF) and the Vessel Turn -In Program (VTIP), and grant funds may be used by the City for either purpose; and
WHEREAS, the Division of Boating and Waterways has approved the application for grant funds in the amount of $60,000; and
WHEREAS, the grant requires that the City provide a 10% match that may be met by the provision of in-kind services, primarily consisting of the Recreation Manager’s time which is included in the current budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Suisun City hereby authorizes the Acting City Manager to take all steps necessary to effectuate and execute the SAVE program grant agreement with the California Department of Parks and Recreation Division of Boating and Waterways.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Suisun City duly held on Tuesday, the 3
rd day of October 2023, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

WITNESS my hand and the seal of said City this 3rd day of October 2023.

Anita Skinner
City Clerk

81 State of California – Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

DIVISION OF BOATING AND WATERWAYS

GRANT AGREEMENT - CERTIFICATE OF FUNDING
GRANTEE: City of Suisun City
GRANT TITLE: SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE-23) GRANT AMOUNT: $60,000.00
GRANT NUMBER: C23SO612
GRANT TERM: _______________ through September 30, 2025
The Grantee agrees to the terms and conditions of this agreement, hereinafter referred to as Agreement, and the State of California, acting through its Director of the Department of Parks and Recreation, and pursuant to the State of California agrees to fund the total State grant amount indicated below and in Exhibit F which is a part of the agreement consisting of: Exhibit A “Project Representatives”, Exhibit B “Grant Terms and Conditions”, Exhibit C “General Terms and Conditions”, Exhibit D “Grantee Certification Clauses”, Exhibit E “Darfur Contracting Act”, Exhibit F “Application/Scope of Work”.

Grantee:

City of Suisun City
Address: 800 Kellogg Street,
Suisun City, CA 94585 9458
Authorized Signature:

Printed Name:

Title of Authorized
Representative:

Date:

Agency: Department of Parks and Recreation
Division of Boating and Waterways
ATTN: Deborah Holmes
Address: 4940 Lang Ave., Dock H,
Administration, Floor 12
McClellan, CA 95652
Authorized Signature:

Printed Name: Keren Dill
Title:

Staff Services Manager II
Date:

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82 CERTIFICATE OF FUNDING
(FOR STATE USE ONLY)
GRANTEE: City of Suisun City
GRANT TITLE: FY 2023/24 Surrendered and Abandoned Vessel Exchange (SAVE) GRANT AMOUNT: $60,000.00
GRANT NUMBER: C23SO612
END DATE: September 30, 2025

AGREEMENT NO
C23SO612

AMENDMENT NO

SUPPLIER ID
0000012988

PROJECT NO
3790OTHER
AMOUNT

ENCUMBERED BY

THIS DOCUMENT
$60,000.00

FUND DESCRIPTION
Surrendered and Abandoned Vessel Exchange (SAVE-23)

AGENCY BILLING CODE NO
053706

REPORTING

STRUCTURE
37900709
Approp. Ref. Fund
3790-101-0577

CHAPTER
12 STATUTE
2023

FISCAL YEAR
2023/24

BUSINESS UNIT
3790
INDEX
N/A

PROGRAM
2855023

ACTIVITY CODE
69994

ACCOUNT
5432000
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83 STATE OF CALIFORNIA
Department of Parks and Recreation, Division of Boating and Waterways P.O. Box 942896, Floor 12
Sacramento CA 94296
_________________________________________________________________________________

SURRENDERED AND ABANDONED VESSELS EXCHANGE (SAVE)
FISCAL YEAR 2023/24

EXHIBIT A - PROJECT REPRESENTATIVES
The services shall be performed in the jurisdiction of: City of Suisun City State Agency:

Division of Boating and Waterways
Grantee (Agency Name):

City of Suisun City
Name: Deborah Holmes Grantee Representative*: Janet Hull Title: Program Administrator Title: Harbormaster
Address:
4940 Lang Ave., Dock H, Administration, Floor 12
McClellan, CA 95652
Mailing Address:
800 Kellogg Street,
Suisun City, CA 94585 9458
Remit to Address:

Phone: (916) 902-8821 Phone: (707) 429-2628
Fax: Fax:

Email: [email protected] Email: [email protected] * Grantee representative information may only be changed by giving 30 days written notice to DBW.

DESCRIPTION PAGE

EXHIBIT B GRANT TERMS AND CONDITIONS

1. PURPOSE OF THE PROGRAM 6

2. RIGHT OF INSPECTION 7

3. ANNUAL MEETING 7

4. TIMELINES 7

5. HAZARDOUS MATERIALS 7

6. TITLES AND LIENS 7

7. GRANTEE CITATIONS - ABANDONED VESSELS 7

8. MEDIA 7

9. MEDIA MATERIALS RELEASE 8

10. PERMITS AND DOCUMENTATION 8

11. SECURING OF BIDS 9

12. CONTRACTS WITH SERVICE PROVIDERS 9

13. SUBCONTRACTORS 9

14. TRAFFIC CONTROL AND TRAFFIC SAFETY 9

15. AIR OR WATER POLLUTION VIOLATION 9

16. ENTIRE AGREEMENT 9

17. APPROVAL OF AGREEMENT AND AMENDMENTS 9

18. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION REQUIREMENT 10

19. AUTHORITY TO CONTRACT 10

20. COMPLIANCE WITH LAW AND REGULATIONS 10

21. INDEPENDENT CONTRACTOR 10

22. INSURANCE REQUIREMENTS 10

23. TERMINATION 13

24. ASSIGNMENT 13

25. MATCHING 10% REQUIREMENT 13

26. BUDGET DETAIL AND PAYMENT PROVISIONS 14

27. BUDGET CONTINGENCY CLAUSE 16

28. INDEMNIFICATION 16

29. FUNDS ASSIST 17

30. FUNDS ASSIST INDEMNIFICATION 18
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85 31. 90-DAY RETURN OF GRANT DOCUMENTS TO DBW 18

32. ANTI-CORRUPTION 18
EXHIBIT C GENERAL TERMS AND CONDITIONS 19
EXHIBIT D GRANTEE CERTIFICATION CLAUSES 23
EXHIBIT E DARFUR CONTRACTING ACT 27
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86 EXHIBIT B - GRANT TERMS AND CONDITIONS

SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE) GRANT PROGRAM

1. PURPOSE OF THE PROGRAM:
a. Pursuant to its authority under Harbors and Navigation Code (HNC) section 525(1)(a), the Division of Boating and Waterways (DBW) wishes to contract with Grantee for the removal and disposal of:
(1) Abandoned property as described in HNC 522 (below) within Grantee’s jurisdiction as listed in Exhibit A.

HNC Section 522: “Any hulk, derelict, wreck, or parts of any ship, vessel, or other watercraft sunk, beached, or allowed to remain in an unseaworthy or dilapidated condition upon publicly owned submerged lands, salt marsh, or tidelands within the corporate limits of any municipal corporation or other public corporation or entity having jurisdiction or control over those lands, without its consent expressed by resolution of its legislative body, for a period longer than 30 days without a watchman or other person being maintained upon or near and in charge of the property, is abandoned property.”
(2) Surrendered vessels as defined in HNC 526.1
HNC Section 526.1: “surrendered vessel” means a recreational vessel that the verified titleholder has willingly surrendered to a willing public agency under both of the following conditions:
(a) The public agency has determined, in its sole discretion, that the vessel is in danger of being abandoned, and therefore has a likelihood of causing environmental degradation or becoming a hazard to navigation.
(b) The decision to accept a vessel is based solely on the potential of the vessel to likely be abandoned and cause environmental degradation or become a hazard to navigation.”
(3) Wrecked or dismantled vessels, or parts thereof, or any other partially submerged object that pose a substantial hazard to navigation, from navigable waterways or adjacent public property, or private property with the landowner’s consent.
b. The funds provided under this Agreement shall not be utilized for surrender, abatement, removal, storage, or disposal of commercial vessels. Commercial vessels include those vessels for which the most recent registration or documentation was commercial, even though that registration or documentation may have lapsed. c. If Grantee is reimbursed for the costs related to the surrender, abatement, removal, storage, and/or disposal of an eligible water hazard by the registered or legal owner or other person or entity known to have an interest in the water hazard, then the water hazard shall no longer be eligible for funding under this Agreement. Grantee shall notify DBW in writing of such reimbursement and shall return all funds disbursed by DBW to Grantee with respect to such water hazard immediately. d. Vessels listed in Exhibit F Application/Scope of Work are considered solely a demonstration of the agency’s need for funding, not an approval that the individual Contract # C23SO612, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 __________________________________________________________________________ Page: 6 of
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87 vessels are eligible for SAVE funding.

2. RIGHT OF INSPECTION
Grantee shall allow DBW and other state agency representatives, at any reasonable time, to inspect any site where Grantee or its subcontractors are performing work under this Agreement.

3. ANNUAL MEETING AND GRANT MANAGEMENT WEBINAR
Grantee’s representative or alternate shall participate in an annual grant management and regional coordination one-day video or phone conference conducted by DBW during the term of this agreement. Should the Grantee or representative be unable to attend the meeting and cannot provide a substitute from the agency, the Grantee must forward a letter to DBW stating the reason why they cannot attend. DBW must grant approval in writing in order for the Grantee not to be in breach of this Agreement for failure to attend.

All Grantee staff and volunteers are required to view the SAVE Grant Management webinar available on the DBW website prior to performing work on the SAVE grant.

4. TIMELINESS
Grantee agrees to complete the scope of work submitted in its application in a timely fashion.

5. HAZARDOUS MATERIALS
Grantee shall be responsible for securing any necessary or prudent studies, permits, or authorizations associated with treatment, removal, storage, or any other handling of hazardous substances including, but not limited to, toxic waste, petroleum waste, asbestos, and similar substances, prior to the removal of any vessel and water hazard pursuant to this Agreement.

Grantee shall be responsible for the proper and lawful handling, abatement, removal, storage, and/or disposal of any hazardous substances encountered in the execution of this Agreement.

6. TITLES AND LIENS
a. Abandoned vessels: Grantee shall comply with all relevant provisions of the Harbors and Navigation Code regarding notices, hearings and liens in the performance of this Agreement. Grantee (in conjunction with local law enforcement) shall conduct a title search for all vessels presumed to be abandoned, as provided by Harbors and Navigation Code section 526.
b. Surrendered vessels: Grantee shall comply with all relevant provisions of Harbors and Navigation Code section 526.1 in the performance of this Agreement, requiring that a surrendered vessel be that of the “verified titleholder.” c. Grantee shall comply with all Department of Motor Vehicles notification requirements related to the disposal of vessels and trailers.

7. GRANTEE CITATIONS - ABANDONED VESSELS
Grantee shall, in accordance with HNC 525(a–c), issue the last registered vessel owner a citation for abandoning a vessel and impose a fine of not less than $1,000 nor more than $3,000 for violation of this section.

8. MEDIA
Grantee agrees to acknowledge DBW’s financial support whenever work funded by this Agreement is publicized in any news media, brochures, or other type of promotional material.

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88 9. MEDIA MATERIALS RELEASE
Grantee agrees to irrevocably grant to California State Parks, Division of Boating and Waterways, its employees, officers, agents, and assigns (hereinafter referred to as “DBW”), the non-exclusive, royalty-free, perpetual and worldwide right and permission to use, reproduce, publish, copy, distribute, alter, license, adapt, and display the photographs, motion pictures, caption information, and/or written quotes (hereinafter referred to collectively as “Photographs”), that the Grantee has submitted to DBW for art, editorial, advertising, marketing, trade, broadcast, print, educational programs, or any other lawful purpose whatsoever, in any and all media. In connection with the foregoing license, the Grantee agrees not to use, reproduce, adapt, or display the Photographs, or allow others to do so, in a manner that tends to subject DBW or its Abandoned Watercraft Abatement Fund Grants (AWAF), Vessel Turn In Program (VTIP) and/or Surrendered and Abandoned Vessel Exchange (SAVE) programs to ridicule, disparagement, mockery, satire, or that could tarnish the image of the DBW’s AWAF, VTIP, and/or SAVE programs. Grantee hereby releases and discharges DBW from any and all claims and demands arising out of or in connection with the use of the Photographs, including without limitations, any and all claims for libel, defamation, invasion of privacy, and/or publicity rights. DBW assumes no responsibility for lost or damaged Photographs or for the use of same. DBW may sell, assign, license, or transfer all rights granted to it hereunder.

Grantee also grants DBW and its licensees the unrestricted right to use and disclose its name in connection with use of the Photographs. The Grantee understands that it will not be paid for any use or right granted herein.

Grantee understands and agrees that the Photographs may be used in whole or in part, at any time. The license granted herein to DBW includes the right and permission to conduct or have conducted such alterations to the Photographs as DBW deems necessary. Grantee releases and discharges DBW and agrees to indemnify and hold DBW harmless from any liability by virtue of any blurring, distortion, alteration, optical illusion or use in composite form, loss or damage, whether intentional or otherwise, that may occur in the use of the Photographs. Grantee waives any right to inspect or approve any finished product, advertising or other copy that may be used in connection therewith or the use to which it may be applied.

Grantee declares and avows that the Photographs it is submitting to DBW are its own original work in all respects. Grantee is the sole and exclusive owner of the Photographs; they are free, clear, and unencumbered. No part of them is taken from or based on any other work; no part infringes the copyright or any other right of any person; and the reproduction, publication, exhibition, or any other use by DBW of the Photographs in any form whatever will not in any way, directly or indirectly, infringe on the rights of any person. Grantee agrees to indemnify and hold DBW harmless from and against any and all loss, damage, costs, charges, legal fees, recoveries, judgments, amounts paid in settlement, penalties, and expenses that may be obtained against, imposed on, or suffered by DBW by reason of (1) any violation or infringement of any proprietary right or copyright; or (2) any libelous or unlawful matter contained in the Photographs. Grantee also agrees to indemnify and hold DBW harmless for any such amounts arising from its breach of any covenant, representation, or warranty of this agreement.

10. PERMITS AND DOCUMENTATION
Prior to the removal of any abandoned vessel, eligible water hazard, or surrendered vessel, Contract # C23SO612, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 __________________________________________________________________________ Page: 8 of
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89 Grantee shall obtain all necessary permits, authorizations, and documentation necessitated by any applicable provision of law.

11. SECURING OF BIDS
Grantee shall comply with any applicable laws and regulations governing the competitive bidding process when awarding subcontracts under this Agreement. Grantee, upon request, must make available to DBW procurement documents such as requests for proposal, invitations for bid and independent cost estimates.

12. CONTRACTS WITH SERVICE PROVIDERS
All contracts/executed agreements with service providers for which grantee will seek reimbursement must be in writing and shall be executed (signed) prior to commencement of any and all work completed. Grantee will provide to DBW copies of all executed agreements with service providers who are performing work funded by this SAVE grant. Grantee shall provide DBW with a certificate of insurance from any contractor(s) and subcontractor(s) prior to the commencement of any work under this Agreement. Grantee’s agreement number (C23SXXXX) must appear on the certificate of insurance.

13. SUBCONTRACTORS
Grantee agrees that it shall guarantee and shall be responsible for ensuring that any and all of its contractors and subcontractors hold a valid business license and carry general commercial liability insurance coverage sufficient to fully insure against any and all risks of hazardous activities associated with the work to be performed under this Agreement; and Grantee agrees that if any of Grantee’s contractors or subcontractors fail to fulfill any of these requirements, that Grantee itself carries general commercial liability insurance coverage sufficient to fully insure against any and all risks of hazardous activities associated with the work to be performed under this Agreement, whether performed by the Grantee, Grantee’s contractor(s), or Grantee’s subcontractor(s). Grantee shall provide DBW with a certificate of insurance from any contractor(s) and subcontractor(s) prior to the commencement of any work under this Agreement. Grantee’s agreement number (C23SXXXX) must appear on the certificate of insurance.

14. TRAFFIC CONTROL AND TRAFFIC SAFETY
Grantee shall provide for adequate traffic control and safety measures at any site where Grantee and its subcontractors will perform any work under this Agreement.

15. AIR OR WATER POLLUTION VIOLATION
Grantee warrants that it is not (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to any cease and desist order not subject to review issued pursuant to Water Code section 13301 for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

16. ENTIRE AGREEMENT
This Agreement consists of the terms of this Agreement and all attachments, which are expressly incorporated herein. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required.

Failure by the Grantee to comply with the terms of any Department of Parks and Recreation grant agreement may jeopardize the grantee's ability to be awarded funding in future funding opportunities offered by the Department of Parks and Recreation.

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90 17. APPROVAL OF AGREEMENT AND AMENDMENTS
This Agreement and any variation thereto is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Commencement of performance prior to approval of this Agreement will be at the Grantee’s own risk.

18. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION REQUIREMENT There are no Disabled Veteran Business Enterprise participation requirements with this agreement.

19. AUTHORITY TO CONTRACT
Grantee must provide DBW with evidence of its authority to enter into this Agreement.

Grantee may provide a delegation of contracting authority from its local governing body that by law has authority to contract. Alternatively, Grantee shall provide DBW with a resolution, order, motion, or ordinance of its local governing body that by law has authority to contract, authorizing execution of this Agreement.

20. COMPLIANCE WITH LAW AND REGULATIONS
Grantee and its subcontractor(s) shall comply with all applicable laws and regulations of the State of California for all work to be performed under this Agreement. By signing this Agreement, Grantee certifies its compliance and the compliance of all subcontractors with:
(a) applicable provisions of the California Environmental Quality Act; (b) Nondiscrimination Program requirements of Government Code section 12990 (a-f) and Title 2, California Code of Regulations, section 8103 (and section 8113 in contracts over $5,000) along with section 7285 et. seq. of the Fair Employment and Housing Act; (c) Drug-Free Workplace requirement of Government Code section 8350 et seq.; (d) National Labor Relations Board Certification of Public Contract Code section 10296; (e) Workers’ Compensation requirement of Labor Code section 3700; and (f) Americans with Disabilities Act regulations issued pursuant to 42 U.S.C. section 12101 et seq.

21. INDEPENDENT CONTRACTOR
Grantee and its employees are independent contractors and shall not be considered officers or employees of DBW or agents of the State of California.

22. INSURANCE REQUIREMENTS
The abatement, removal, storage, and /or disposal of vessels under this Agreement is a hazardous activity. Grantee therefore must maintain commercial general liability insurance in an amount and of a type acceptable to DBW and to the Department of General Services/ Office of Risk and Insurance Management (ORIM).
a. GENERAL PROVISIONS APPLYING TO ALL POLICIES
(1) Coverage Term
Coverage needs to be in force for the complete term of the Agreement. If insurance expires during the term of the grant, a new certificate must be received by the DBW at least ten (10) days prior to the expiration of this insurance. Any new insurance must still comply with the original terms of the grant.
(2) Policy cancellation or termination & notice of non-renewal Insurance policies shall contain a provision stating coverage will not be cancelled without 30 days prior written notice to the DBW. In the event Contract # C23SO612, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 __________________________________________________________________________ Page: 10 of
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91 Grantee fails to keep in effect at all times the specified insurance coverage, the DBW may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event, subject to the provisions of this Agreement.
(3) Deductible
Grantee is responsible for any deductible or self-insured retention contained within their insurance program.
(4) Primary clause
Any required insurance contained in this Agreement shall be primary, and not excess or contributory, to any other insurance carried by the State. (5) Insurance carrier required rating
All insurance companies must carry a rating acceptable to ORIM. If the Grantee is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required by DBW or ORIM.
(6) Endorsements
Any required endorsements requested by the DBW must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance. (7) Inadequate Insurance
Inadequate or lack of insurance does not negate the Grantee’s obligations under the Agreement.
(8) Use of Subcontractors
In the case of Grantee’s utilization of subcontractors to complete the contracted scope of work, Grantee shall include all subcontractors as insured’s under Grantee’s insurance or supply evidence of subcontractor’s insurance to the State when requested equal to policies, coverages, and limits required of Grantee.
b. INSURANCE REQUIREMENTS
(1) Commercial General Liability
The Grantee shall maintain general liability on an occurrence form with limits of not less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate. The policy shall include coverage for liabilities arising out of premises, operations, independent subcontractors, products, completed operations, personal and advertising injury, and liability assumed under an insured agreement. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Grantee’s limit of liability. The policy must include:
"The State of California, its officers, agents, employees and servants as additional insureds, but only with respect to work performed under the agreement."
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92 This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management.

In the case of Grantee’s utilization of subcontractors to complete the contracted scope of work, Grantee shall include all subcontractors as insured’s under Grantee’s insurance or supply evidence of insurance to the State equal to policies, coverages and limits required of Grantee. (2) Automobile Liability
The Grantee shall maintain motor vehicle liability with limits not less than $1,000,000 combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired and non- owned motor vehicles.
(3) Watercraft Liability
The Grantee shall maintain watercraft liability insurance with limits not less than $1,000,000 combined single limit per accident. Such insurance shall cover liability arising out of the maintenance and use of any watercraft (owned, hired or non-owned). The policy must include:
"The State of California, its officers, agents, employees and servants as additional insureds, but only with respect to work performed that is connected with or related to the activities contemplated in this Agreement." This endorsement must be supplied under form acceptable to the Office of Risk and Insurance Management.
(4) Workers Compensation and Employers Liability
The Grantee shall maintain statutory worker’s compensation and employer’s liability coverage for all its employees who will be engaged in the performance of the Agreement. Employer’s liability limits of $1,000,000 are required. The insurer waives any right of recovery the insurer may have against the State because of payments the insurer makes for injury or damage arising out of the work done under agreement with the State. A Waiver of Subrogation or Right to Recover endorsement in favor of the State must be attached to certificate.

If applicable, Grantee shall provide coverage for all its employees for any injuries or claims under the U.S. Longshoremen’s and Harbor Workers’ Compensation Act, the Jones Act or under laws, regulations, or statutes applicable to maritime employees. By signing this agreement, Grantee acknowledges compliance with these regulations.
c. ENVIRONMENTAL/POLLUTION LIABILITY
Grantee shall maintain Pollution Liability for limits not less than $1,000,000 occurrence covering the Grantee’s liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs incurred arising out of the work or services to be performed under this agreement. The policy must include:
"The State of California, its officers, agents, employees and servants as additional insureds, but only with respect to work performed under the agreement." This endorsement must be supplied under form acceptable to the Office of Risk and Contract # C23SO612, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 __________________________________________________________________________ Page: 12 of
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93 Insurance Management.

Coverage shall be provided for both work performed on site and during transportation as well as proper disposal of hazardous materials.
d. SELF INSURANCE
If the Grantee is self-insured for a portion or all of its insurance, the Grantee shall provide evidence of self-insurance when requested by DBW. Review of financial information including a letter of credit may be required. The DBW reserves the right to request financial information.
e. STATEMENT OF INSURANCE COVERAGE:

Grantee certifies and agrees that they have all required insurance coverages as stated in the grant agreement, which will be in effect for the entire term of the agreement.

Approver initials : Date:

Name:

Title:

23. TERMINATION
a. DBW may terminate this Agreement for any reason upon thirty (30) days written notice to Grantee.
b. If the Grantee fails to keep the required insurance in effect at all times during the term of this agreement, DBW may, in addition to other remedies it may have, terminate this agreement upon two days written notice.
c. DBW may, by two-day written notice to Grantee and without any prejudice to its other remedies, terminate this agreement because of failure of Grantee to fulfill any of the requirements of this agreement.
d. Upon receipt of any notice terminating this Agreement, Grantee shall immediately discontinue all removal and disposal activities affected, unless the notice directs otherwise. In such event, DBW shall pay Grantee only for removal and disposal activities completed prior to the termination date.
e. Upon termination of this agreement, Grantee shall promptly return all advanced funds. At DBW’s sole discretion, DBW may offer an opportunity to cure any breach prior to terminating for default.

24. ASSIGNMENT
This Agreement is not assignable by the Grantee, either in whole or in part, without the consent of the State in the form of a formal written amendment.

25. MATCHING 10% REQUIREMENT
a. Section 525(C) of the Harbors and Navigation Code states, “A grant awarded by the department pursuant to subparagraph (A) shall be matched by a 10% contribution from the local agency receiving the grant.”
b. The 10% contribution is in addition to funds awarded in the grant and may be made by cash and/or in-kind contributions from agency’s personnel hours (net hourly rate Contract # C23SO612, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 __________________________________________________________________________ Page: 13 of
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94 only with no benefits included) for work completed directly toward SAVE program objectives. Other SAVE-related expenses may be used with advance DBW approval in writing.
c. If using personnel hours for in-kind match, only net, raw hours will be accepted, and verification of in-kind contribution is required with reimbursement request(s). The statement of in-kind hours must be on the form provided by DBW through the Online Grants Application (OLGA), or available upon request, and must include:
(1) Activity date
(2) Vessel/issue name or description
(3) Personnel name
(4) Description of SAVE program service provided
(5) Number of hours provided by each person (may not exceed more than 8 hours per person per day.)
(6) Hourly rate and total value
d. The burden of proof in complying with the 10-percent contribution requirement is the responsibility of the grantee. Funds will not be disbursed until the grantee has provided DBW with acceptable documentation that it complied with the 10-percent contribution requirement for each disbursement.
26 BUDGET DETAIL AND PAYMENT PROVISIONS
a. Covered Expenses and Reimbursement Claims Processes
(1) DBW will reimburse the following contract-negotiated rate expenditures provided by Grantee’s contracted service providers, contractors and/or subcontractors, within the scope of the SAVE program for abandoned vessels:
(a) Raising of submerged vessels from shallow waters. Depth of water over obstruction at low water must be 15 feet or less; objects submerged more than 15 feet at low water are not eligible without prior DBW approval.
(b) Mast and/or rigging removal if vessel is in waters greater than 15 feet deep at low water.
(c) Vessel removal from accessible locations
(d) Hazardous materials (hazmat) removal and disposal
(e) Towing
(f) Storage
i. Without lien sale: 60 days maximum
ii. With lien sale: 90 days maximum with justification
iii. If stored onsite at Grantee’s facility, 50% of the normal rate of charge to the public will be reimbursed, and fee schedule is required for verification.
(g) Lien sale expenses: fees charged by lien sale service companies, postage, DMV fees, and advertising costs
(h) Public notice advertising
(i) Vessel appraisal
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95 (j) Salvage and demolition
(2) DBW will reimburse the following contract-negotiated rate expenditures provided by Grantee’s contracted service providers, contractors and/or subcontractors, within the scope of the SAVE program for surrendered vessels:
(a) Vessel and/or hazardous material removal and disposal (b) Towing from grantee’s facility to landfill
(c) Demolition
(3) Other expenses may be considered with advance written approval from DBW.
(4) Ineligible expenses include hand tools, consumables, grantee direct staffing, time and materials from subcontractors, etc. without prior written approval from DBW.
b. Reimbursement claim forms:

Reimbursement claim forms are available in DBW’s Online Grant Application System (OLGA) or upon request. Grantee must sign and date each reimbursement claim in blue ink and submit with the following documents to DBW:
(1) Invoices from service providers, contractors and/or subcontractors to Grantee:

Invoices must contain the following:
(a) Name and address of Grantee
(b) Contract or invoice number
(c) Description of service performed
(d) Date the service was performed
(e) Location of each service (GPS if possible)
(f) Vessel name, CF# or HIN# if available; otherwise, description of vessel (2) Proof of payment for all invoices.

The following acceptable forms of proof are:
(a) Cancelled check (with bank’s cancelled stamp on back of check copy) (b) Copy of credit card statement charge slip
(c) Invoices from service provider showing zero balance. (d) Proof of Accounting Clearing House (ACH) or Electronic transfer showing date, amount and transaction confirmation number. (3) 10% in-kind match contribution statement:
(a) If Grantee is matching the 10% requirement with in-kind services, complete the DPR265 Itemized 10% In-kind Contribution Statement located in OLGA or available upon request.
(b) Only net hourly rates will be accepted. Grantee must include verification of net rates with first claim and each time rates change. (4) Photos of vessels (Required)
(a) One photo showing the vessel where it was abandoned and the CF or HIN number (if available). If the CF number is not visible/available, photo must show description used on clam form. Photos of surrendered vessels need to show the CF or HIN number, if Contract # C23SO612, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 __________________________________________________________________________ Page: 15 of
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(5) For Surrendered Vessels ONLY:

Statement of Vessel Release of Interest and Ownership: to be completed and signed by vessel owner(s) and SAVE agency representative (SAVE AGENCY ONLY section). DBW release form can be downloaded from OLGA.

One proof of vessel ownership must be provided. This can be a copy of the Certification of Ownership (title/pink slip or Coast Guard document) signed by the owner, DMV registration form; or a DMV issued junk slip. Power of Attorney or DMV issued marina lien documents the marina has legal interest are also acceptable. Keep the originals and provide DBW with copies.

NOTE: Vessel ownership verification is required; however, it is not required that boat owners bring their registration up to date to surrender their vessel through the VTIP.
(6) DO NOT INCLUDE DOCUMENTATION THAT IS NOT REQUIRED such as incident reports, CLETS printouts, internal routing forms, accounting journals, etc.
c. Submit one (1) hard copy and one (1) electronic copy of each reimbursement claim form and all supporting document to:

Division of Boating and Waterways
4940 Lang Avenue H Dock
McClellan Park, CA 95652
Attention: SAVE Program Manager
Email: [email protected]
d. Submission of fraudulent invoices or other claim documentation is a breach of this Agreement, which shall result in forfeiture of all funds advanced and provided under this agreement.
e. The Grantee shall maintain accounting records in accordance with Generally Accepted Accounting Principles.
f. All requests for payment must be submitted to DBW no later than 45 days after the expiration date of the agreement. DBW is not obligated to make any payment on any reimbursement request(s) received or for any services completed after this date.

27. BUDGET CONTINGENCY CLAUSE
a. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program; this Agreement shall be of no further force and effect. In this event, DBW shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, DBW shall have the option to either cancel this Agreement with no liability occurring to DBW, or offer an agreement amendment to Grantee to reflect the reduced amount.

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Grantee shall be responsible for, and DPR shall not be answerable or accountable in any manner for, any loss or expense by reason of any damage or injury to person or property, or both, arising out of or related in any way to activities carried out by Grantee, its agents, officers, contractors, subcontractors and/or employees, under this Agreement Grantee shall protect, hold harmless, indemnify and defend DPR, its agents, officers, and/or employees against any and all actions, claims, and damages to persons or property, penalties, obligations and liabilities that may be asserted or claimed by any person, firm, association, entity, corporation, political subdivision, or other organization or person arising out of or in connection with Grantee or Grantee’s contractor’s or subcontractor’s activities hereunder, whether or not there is concurrent passive negligence on the part of DPR, its agents, officers, and/or employees.

29. FUNDS ASSIST
The Funds Assist process has been developed by DBW as a method for grantees with excessive, unused funds to assist other participating SAVE agencies in need. Funds Assist is a voluntary action (by both agencies) until within three (3) months of the expiration date of the grant at which time it will become a required action of those agencies with remaining grant balances, at DBW’s discretion.

The Funds Assist process works as follows:
a. An introduction is made by DBW between the agency with excessive funds (Agency A) and the agency in need (Agency B).
b. A deadline shall be imposed by DBW for the work to be completed by Agency B. c. Agency B pays for all contractor invoices, as is required with the SAVE grant. d. The 10% required match is the obligation of Agency B and may be met with cash, in- kind services, or a combination of both.
e. To obtain reimbursement, Agency B will be required to supply the following to Agency A:
(1) A Tax Identification Form (W-9)
(2) All requirements/documents apply as outlined in this agreement under #24 (3) A statement on Agency B’s letterhead invoicing Agency A for the total reimbursement request.
(4) Copies of completed forms and support documents to DBW for pre- approval.
f. Agency A completes the following actions:
(1) Upon approval by DBW, pay Agency B the invoiced amount within 30 days and record as a pass-through grant (or use your accounting method preference).
(2) Complete DBW’s Abandoned Vessel and/or Surrendered Vessel Reimbursement Claim Form and attach all supporting documents as listed in item b, c & d above, including the verification of payment to Agency B i.e., cancelled check or statement from Agency B of payment received. (3) Email the documents to the DBW program administrator for review. Once reviewed and approved, send finalized claim forms to DBW for payment processing.

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Grantee and sub grantee (hereafter known an Agency A and Agency B respectively) shall be responsible for, and DPR shall not be answerable or accountable in any manner for, any loss or expense by reason of any damage or injury to person or property, or both, arising out of or related in any way to activities carried out by Agency A and B, its agents, officers, contractors, subcontractors and/or employees, under this Agreement Agency A and B shall protect, hold harmless, indemnify and defend DPR, its agents, officers, and/or employees against any and all actions, claims, and damages to persons or property, penalties, obligations and liabilities that may be asserted or claimed by any person, firm, association, entity, corporation, political subdivision, or other organization or person arising out of or in connection with Agency A and B’s contractor’s or subcontractor’s activities hereunder, whether or not there is concurrent passive negligence on the part of DPR, its agents, officers, and/or employees.

If Agency B is a recipient of a current SAVE grant, as depleted or with insufficient funds for removal project, and receives assistance through the Funds Assist process, all provisions of the SAVE grant applies.

Approver initials: ________________ Date: ______________________ Name: __________________________________________________ Title: __________________________________________________

31. 90-DAY RETURN OF GRANT DOCUMENTS TO DBW
Grant agreements issued to the awarded agency must be completed and returned within 90 days of the date of issuance according to the instructions issued by DBW with the grant agreement. If extenuating circumstances prevent the ability of the agency to meet this deadline, approval from DBW must be obtained in writing. DBW retains the right to determine approval or denial of extensions.

32. ANTI-CORRUPTION
SAVE grantees are required to report to DBW any written, suggested, or verbally implied cases whereby a contractor, subcontractor or other service provider increases their fee(s) due to the existence of a Grantee’s SAVE grant, or inquires about the amount/balance of a SAVE grant in order to increase their fee(s), for possible investigation of price gouging. A two year history of charges applied to work of all known SAVE grant work by that contractor will be required by DBW for review.

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. APPROVAL:

This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Grantee may not commence performance until such approval has been obtained.

2. EFFECTIVE DATE:

Effective date means either the start date or the approval date by the Department of General Services (DGS), whichever is later. In cases where DGS approval is not required, this Agreement is of no force or effect until the date of the last DBW signature. No work shall commence until the effective date.

3. AMENDMENT:

No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

4. ASSIGNMENT:

This Agreement is not assignable by the Grantee, either in whole or in part, without the consent of the State in the form of a formal written amendment.

5. AUDIT:

Grantee agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Grantee agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

6. INDEMNIFICATION:

Grantee agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the subcontractor or Grantee in the performance of this Agreement.

7. DISPUTES:

Grantee shall continue with the responsibilities under this Agreement during any dispute.

8. TERMINATION FOR CAUSE:

The State may terminate this Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Agreement at the time and in the manner Contract # C23SO612, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 __________________________________________________________________________ Page: 20 of
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herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Grantee under this Agreement and the balance, if any, shall be paid to the Grantee upon demand.

9. RECYCLING CERTIFICATION:

The Grantee shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub.

Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE:

During the performance of this Agreement, Grantee and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Grantee and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. GRANTEE shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Grantee and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.(See Cal. Code Regs., tit. 2, §11105.) Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES:

The GRANTEE CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS:

Time is of the essence in this Agreement.

13. COMPENSATION:

The consideration to be paid Grantee, as provided herein, shall be in compensation for all of Grantee's expenses incurred in the performance hereof, as outlined in Exhibit B, item #24.

14. GOVERNING LAW:

This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS:

The Grantee by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Grantee shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
(1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of
Section 16750 of the Business and Professions Code.
(2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT:

For any Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that:
a. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and Contract # C23SO612, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 __________________________________________________________________________ Page: 22 of
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compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION:

In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS:

If this Agreement includes services in excess of $200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the agreement to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Agreement Grantee made a commitment to achieve small business participation, then Grantee must within 60 days of receiving final payment under this Agreement (or within such other time period as may be specified elsewhere in this Agreement) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b. If for this Agreement Grantee made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Grantee must within 60 days of receiving final payment under this Agreement (or within such other time period as may be specified elsewhere in this Agreement) certify in a report to the awarding department: (1) the total amount the prime Grantee received under the Agreement; (2) the name and address of the DVBE(s) that participated in the performance of the Agreement; (3) the amount each DVBE received from the prime Grantee; (4) that all payments under the Agreement have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER:

If this agreement involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
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EXHIBIT D

GRANTEE CERTIFICATION CLAUSES
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Grantee to the clause(s) listed below. This certification is made under the laws of the State of California.

Grantee Agency Name (Printed)
City of Suisun City
Federal ID Number
94-6000437
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed
Executed in the County of
Solano

GRANTEE CERTIFICATION CLAUSES

1. STATEMENT OF COMPLIANCE:

Grantee has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)

2. DRUG-FREE WORKPLACE REQUIREMENTS:

Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about:
(1) the dangers of drug abuse in the workplace;
(2) the person's or organization's policy of maintaining a drug-free workplace; (3) any available counseling, rehabilitation and employee assistance programs; and,
(4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will:
(1) receive a copy of the company's drug-free workplace policy statement; and, (2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) Contract # C23SO612, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 __________________________________________________________________________ Page: 24 of
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3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION:

Grantee certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Grantee within the immediately preceding two-year period because of Grantee's failure to comply with an order of a Federal court, which orders Grantee to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:

Grantee hereby certifies that Grantee will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

Grantee agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the agreement equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its agreement with the State.

Failure to make a good faith effort may be cause for non-renewal of a state agreement for legal services, and may be taken into account when determining the award of future contracts/agreements with the State for legal services.

5. EXPATRIATE CORPORATIONS:

Grantee hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

6. SWEATFREE CODE OF CONDUCT:
a. All Grantees contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The Grantee further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The Grantee agrees to cooperate fully in providing reasonable access to the Grantee’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the Grantee’s compliance with the requirements under paragraph (a).

7. DOMESTIC PARTNERS:

For contracts over $100,000 executed or amended after January 1, 2007, the Grantee certifies that Grantee is in compliance with Public Contract Code section 10295.3.

8. GENDER IDENTITY:

For contracts of $100,000 or more, GRANTEE certifies that GRANTEE is in compliance with Public Contract Code section 10295.35.

DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.

1. CONFLICT OF INTEREST:

Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.

Current State Employees (PCC 10410):

No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.

No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (PCC 10411):

For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.

For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (PCC 10420)
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (PCC 10430 (e))

2. LABOR CODE/WORKERS' COMPENSATION:

Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) Contract # C23SO612, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 __________________________________________________________________________ Page: 26 of
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3. AMERICANS WITH DISABILITIES ACT:

Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

4. GRANTEE NAME CHANGE:

An amendment is required to change the Grantee's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment.

Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. Any changes of the Grantee’s representative shall be notified to DBW within 30 days written notice on Grantee’s letterhead.

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the Grantee is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate Grantee performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California.

Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.

6. RESOLUTION:

A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

7. AIR OR WATER POLLUTION VIOLATION:

Under the State laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

8. PAYEE DATA RECORD FORM STD. 204:

This form must be completed by all Grantees that are not another state agency or other governmental entity.

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EXHIBIT E – DARFUR CONTRACTING ACT
If your agency hires a contractor to complete work under this grant, the contractor must fill out and sign the Darfur Contracting Act form prior to execution of the contract. A Sample of The Darfur Contracting Act form is provided on the next page; this form (DGS PD 1) can also be downloaded from the California Department of General Services website.

Effective January 1, 2009, all Invitations for Bids (IFB) or Requests for Proposals (RFP) for goods or services must address the requirements of the Darfur Contracting Act of 2008 (Act). (Public Contract Code sections 10475, et seq.; Stats. 2008, Ch. 272). The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with “scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code section 10475.

A scrutinized company is a company doing business in Sudan as defined in Public Contract Code section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services. (Public Contract Code section 10477(a)).

Therefore, Public Contract Code section 10478 (a) requires a company that currently has (or within the previous three years has had) business activities or other operations outside of the United States to certify that it is not a “scrutinized” company when it submits a bid or proposal to a State agency. (See # 1 on the sample Attachment).

The following sample Attachment may be included in an IFB or RFP to satisfy the Act’s certification requirements of bidders and proposers.

SAMPLE FORM
Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States.

For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; orb) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal.

If your company has not, within the previous three years, had any business activities or other operations outside of the United States, you do not need to complete this form.

OPTION #1 - CERTIFICATION
If your company, within the previous three years, has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below.

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that a) the prospective proposer/bidder named below is not a scrutinized company per Public Contract Code 10476; and b) I am duly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California.

Company/Vendor Name (Printed)
{grantee_name}
Federal ID Number
{fed_id}
By (Authorized Signature)
{agy_sign_name}
Date
{agy_sign_dt}
Printed Name and Title of Person Signing
{agy_sign_name}, {agy_sign_dsg}
OPTION #2 - WRITTEN PERMISSION FROM DGS
Pursuant to Public Contract Code Section 10477(b), the Director of the Department of General Services may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services, if it is in the best interests of the state. If you are a scrutinized company that has obtained written permission from the DGS to submit a bid or proposal, complete the information below.

We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal.

Company/Vendor Name (Printed)
{grantee_name}
Federal ID Number
{fed_id}
By (Authorized Signature)
{agy_sign_name}
Date
{agy_sign_dt}
Printed Name and Title of Person Signing
{agy_sign_name}, {agy_sign_dsg}
Contract # C23SO612, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 __________________________________________________________________________ Page: 29 of
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General
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ 1 Applicant Information
a. Applicant Name City of Suisun City
b. Organizational Unit
c. Address 800 Kellogg Street
d. Address 2
e. City Suisun City State CA Zip 94585-9458
f. Federal ID Number 94-6000437 Unique Entity Id.
g. Agency Type
City
County
Federally or State Recognized Native American Tribe
District
Goals and Objectives
Based on an agencies application, DBW will prioritize funding according to agencies with the most need, cost efficient methods, and effective prevention strategies. Additionally, points are awarded for agencies that work with their local private marina owners in the prevention of abandoned vessels. 2 Project Information
a. Project Name Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024
b. Is implementing agency same as Applicant
Yes
No
c. Implementing Agency Name
d. Project Start Date Oct-01-2023 End Date Sep-30-2025
e. Amount of Funds Requested $60,000.00 Project Cost $66,000.00

3. Billing Address
If billing address is different than Applicant and/or Contact, please provide a. Billing Agency Name:

Address:

City: State: Zip:

Phone:

Contract # C23SO612, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 __________________________________________________________________________ Page: 30 of
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3 Contacts
a.

Project Administrator

Name
Janet Hull

Title
Harbormaster

Mailing Address
800 Kellogg Street

City
Suisun City
State
CA
Zip
94585-9458
Telephone
(707) 421-7201
Fax

E-mail Address
[email protected]
EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ Contract # C23SO612, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 __________________________________________________________________________ Page: 31 of
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EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________

1. Minimum Qualifications

1. Does your agency have an enforcement program to address abandoned boats? Yes
No
If Yes, describe The Suisun City Harbor Masters Office together with the Suisun City Police Department have been tasked with the enforcement and removal of abandoned vessels on the sloughs and waterway in or around the City of Suisun City.

2. Attach ordinance, resolution, or municipal code authorizing your agency's involvement and its jurisdiction for prevention and removal of abandoned vessels and accepting surrendered vessels.
37448_0_173_SC
Marina Ordinance.pdf

3. Has your agency been out of compliance with the terms of any other Department of Parks and Recreation contract or grant agreements within the past 3 years? Yes
No
Contract # C23SO612, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 __________________________________________________________________________ Page: 32 of
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EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________

1. California State Senate Districts
Select one or more of the California State Senate Districts where the proposed project activities will occur. Copy and Paste the URL (http://www.legislature.ca.gov/legislators_and_districts/districts/districts.html) in your browser to determine the State Senate district(s).

State Senate 01
State Senate 02
State Senate 03
State Senate 04
State Senate 05
State Senate 06
State Senate 07
State Senate 08
State Senate 09
State Senate 10
State Senate 11
State Senate 12
State Senate 13
State Senate 14
State Senate 15
State Senate 16
State Senate 17
State Senate 18
State Senate 19
State Senate 20
State Senate 21
State Senate 22
State Senate 23
State Senate 24
State Senate 25
State Senate 26
State Senate 27
State Senate 28
State Senate 29
State Senate 30
State Senate 31
State Senate 32
State Senate 33
State Senate 34
State Senate 35
State Senate 36
State Senate 37
State Senate 38
State Senate 39
State Senate 40

2. California State Assembly Districts
Select one or more of the California State Assembly Districts where the proposed project activities will occur.

Copy and Paste the URL (http://www.legislature.ca.gov/legislators_and_districts/districts/districts.html) in your browser to determine the State Assembly district(s).

State Assembly 01
State Assembly 02
State Assembly 03
State Assembly 04
State Assembly 05
State Assembly 06
State Assembly 07
State Assembly 08
State Assembly 09
State Assembly 10
State Assembly 11
State Assembly 12
State Assembly 13
State Assembly 14
State Assembly 15
State Assembly 16
State Assembly 17
State Assembly 18
State Assembly 19
State Assembly 20
State Assembly 21
State Assembly 22
State Assembly 23
State Assembly 24
State Assembly 25
State Assembly 26
State Assembly 27
State Assembly 28
State Assembly 29
State Assembly 30
State Assembly 31
State Assembly 32
State Assembly 33
State Assembly 34
State Assembly 35
State Assembly 36
State Assembly 37
State Assembly 38
State Assembly 39
State Assembly 40
State Assembly 41
State Assembly 42
State Assembly 43
State Assembly 44
State Assembly 45
State Assembly 46
State Assembly 47
State Assembly 48
State Assembly 49
State Assembly 50
State Assembly 51
State Assembly 52
State Assembly 53
State Assembly 54
State Assembly 55
State Assembly 56
State Assembly 57
State Assembly 58
State Assembly 59
State Assembly 60
State Assembly 61
State Assembly 62
State Assembly 63
State Assembly 64
State Assembly 65
State Assembly 66
State Assembly 67
State Assembly 68
State Assembly 69
State Assembly 70
State Assembly 71
State Assembly 72
State Assembly 73
State Assembly 74
State Assembly 75
State Assembly 76
State Assembly 77
State Assembly 78
State Assembly 79
State Assembly 80

3. California Congressional Districts
Select one or more of the California Congressional Districts where the proposed project activities will occur.

Copy and Paste the URL (https://www.govtrack.us/congress/members/CA) in your browser to determine the Congressional district(s).

Congressional District 1
Congressional District 2
Congressional District 3
Congressional District 4
Congressional District 5
Congressional District 6
Contract # C23SO612, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 __________________________________________________________________________ Page: 33 of
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EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ Congressional District 7
Congressional District 8
Congressional District 9
Congressional District 10
Congressional District 11
Congressional District 12
Congressional District 13
Congressional District 14
Congressional District 15
Congressional District 16
Congressional District 17
Congressional District 18
Congressional District 19
Congressional District 20
Congressional District 21
Congressional District 22
Congressional District 23
Congressional District 24
Congressional District 25
Congressional District 26
Congressional District 27
Congressional District 28
Congressional District 29
Congressional District 30
Congressional District 31
Congressional District 32
Congressional District 33
Congressional District 34
Congressional District 35
Congressional District 36
Congressional District 37
Congressional District 38
Congressional District 39
Congressional District 40
Congressional District 41
Congressional District 42
Congressional District 43
Congressional District 44
Congressional District 45
Congressional District 46
Congressional District 47
Congressional District 48
Congressional District 49
Congressional District 50
Congressional District 51
Congressional District 52
Congressional District 53

4. County
Select one or more of the California Counties where the proposed project activities will occur.

Alameda
Alpine
Amador
Butte
Calaveras
Colusa
Contra Costa
Del Norte
El Dorado
Fresno
Glenn
Humboldt
Imperial
Inyo
Kern
Kings
Lake
Lassen
Los Angeles
Madera
Marin
Mariposa
Mendocino
Merced
Modoc
Mono
Monterey
Napa
Nevada
Orange
Placer
Plumas
Riverside
Sacramento
San Benito
San
Bernardino
San Diego
San Francisco
San Joaquin
San Luis
Obispo
San Mateo
Santa Barbara
Santa Clara
Santa Cruz
Shasta
Sierra
Siskiyou
Solano
Sonoma
Stanislaus
Sutter
Tehama
Trinity
Tulare
Tuolumne
Ventura
Yolo
Yuba
Contract # C23SO612, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 __________________________________________________________________________ Page: 34 of
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EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________

3. Jurisdictional Control
List all waterbodies that are in your jurisdictional control and fill in the chart for each - What are your Primary Responsibilities in your AOR - Objective 4: Existence of an Active Enforcement Program Waterbody
Name
Acres or
square
miles of
this
waterbod
y in your
jurisdicti
on
What are the
corporate limits
of your agency's
jurisdictional
control in each
waterbody?
List all other
agencies who
share
jurisdictional
control of this
waterbody.

Identify
which
agency has
lead
jurisdiction
for
removing
abandoned
vessels and
accepting
surrendere
d vessels in
this
waterbody.

How often
does your
agency
monitor this
area?
Identify
your
primary
responsibili
ties in this
waterbody
Suisun
Slough
10 miles Assist with area
South of Suisun to
Hunters Cut
Solano County
Sherriff, US Coast
Guard
City of Suisun
City
bi-weekly Enforcing
laws related
to boating
safety and
environmenta
l protection,
responding to
emergency
situations,
and
maintaining
navigational
waterways
Suisun City
Marina and
key water
ways
1 mile Waterway north of
power lines south
of the launch ramp
Solano County
Sherriff, US Coast
Guard
City of Suisun
City
daily Enforcing
laws related
to boating
safety and
environmenta
l protection,
responding to
emergency
situations,
and
maintaining
navigational
waterways

4. Staff Dedicated to Abandoned and Surrendered Vessel Activities Staff Dedicated to Abandoned and Surrendered Vessel Activities - Objective 4: Existence of an active enforcement program
List staff assigned in their job duties to the removal of abandoned vessels and receipt of surrendered vessels.

Total
number of
Hours Per
Week
dedicated
to removal
Total
number of
hours Per
Week
dedicated
to receipt
Total hours
Per Week
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EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ of
abandoned
vessels
of
surrendere
d vessels
Janet Hull, Marina Manager 1.50 2.00 3.50
Trenton Clark, Marina Staff 1.50 1.00 2.50
Objective 1: Prevention

5. Does your agency participate in the Surrendered Vessel Program? Yes
No

6. Select activities, enter number of brochures and info on how your agency promotes vessel surrendering efforts Number of brochures distributed per year at:
# of Brochures List names of Events
20 Suisun City 4th of July Community Event
20 Suisun Christmas on the Waterfront
# of Brochures List names of Marinas
100 Suisun City Marina
# of Brochures List names of Other Activities
20 Virgils Fishing Derby
Publicity Efforts:

Advertised on your website
Agency newsletters
PSAs, billboards
Social media
Other
Question 7

7. Did your agency have a plan to increase the number of surrendered vessels accepted over the last calendar year? If so, what was the plan and what were the results?. Additionally, what is your plan to increase the number of surrendered vessels you accept this year?
The City of Suisun City's plan for increasing the number of turned in vessels the next calendar year is to continue to increase
exposure of the Vessel Turn-in program on social media. In addition, to increased social media, the Marina staff will
work together with the Suisun City police department's code compliance officers to increase program awareness
when a derelict boat related code compliance violation occur. For example the code compliance officer can refer the
resident to the surrendered vessel program with a warning instead of a citation regarding their boat.

Question 8

8. How often does your agency coordinate with local boating groups or marinas to inform them of the vessel surrendered program? Describe activities and identify groups/marina’s contacted in the last calendar year. (Answer only if you selected ‘Yes’ to Q 5.)
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EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ The Suisun City Marina is a City run marina. Information regarding the vessel surrender program is posted on all of our
bulletin boards. The marina regularly sends out information to all of it's tenants letting them know of the vessel surrender program in the monthly newsletter. We also advertise the vessel surrender program to our local bait shops, yacht club, and special events.

Objective 1: Prevention

9. Do you accept surrendered vessels from boaters outside your jurisdiction?
Yes
No
If so, how many surrendered vessels have you received in the last calendar year?
2 If not, identify why?

10. Describe how your agency monitors abandoned vessel activity in your jurisdiction. Select all that apply.

Routine patrol of jurisdiction
Visit marinas/dockwalks
Direct contact with boat owners
Check vessel registration
Check seaworthiness (listing, occupancy, trash, bilge running, operable lights) Abandoned vessel mapping and tracking
Multi-agency coordination
Utilize NASA data

11. Describe additional methodologies, if any,
(besides participation in SAVE) your agency
use to prevent abandoned vessels within
its jurisdiction?
We utilize an identification and notification method to identify abandoned vessels and/or potential abandoned vessels. We notify their owners, allowing them to take corrective action before the owner gets a ordinance violation citation and/or the owners vessel becomes a hazard. Additional methodologies include surveillance cameras and marine patrol unit patrolling to prevent abandonment.

Objective 2: Control

12. Describe methodologies, if any, you have
implemented to control and prevent
abandoned vessels from entering your
jurisdiction from other areas.

The City's police department have cameras installed around the marina and the City to deter people from abandoning vessels in our jurisdiction. Marina staff and the police department patrol the waterways.

13. Does your agency collaborate with neighboring SAVE grantees that manage abandoned and surrendered vessels?
Yes
No
If yes, list agencies and describe collaboration.

14. Does your agency have any special circumstances and/or conditions that contribute to abandoned vessels in your jurisdiction? Explain circumstances/conditions.

Yes, the issue of homelessness in both land and waterways within our jurisdiction has contributed to the incidence of abandoned vessels. Individuals experiencing homelessness purchase derelict boats for use as a dwelling, and subsequently abandon the vessels once they are no longer operational or have been reported as unregistered, leading to an increase in the number of abandon vessels.

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EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ Objective 5: SNHAP

15. Does your agency have a Submerged Navigational Hazard Abatement Plan (SNHAP)?
Yes
No
If Yes, attach copy. 37469_0_230_SNHAP Plan.docx

16. Summarize the detailed process in your
SNHAP for the abatement of non-vessel
related navigational hazards and commercial
vessels.

Non-vessel related water hazards at Suisun City Marina and slough: Dockwalks and boat patrols are conducted regularly to identify and mitigate debris and submerged navigational hazards, with small debris being picked up for disposal. Large floating debris is towed to a containment corral near the launch ramp, and the US Army Corps of Engineers is contacted for removal when the corral is full. Any natural items that wash up above the high water line are to be reported to the Public Works Department for assistance in removal.

Abatement for commercial vessels: If found adrift, the vessel should be secured to a safe moorage or relocated to a marina slip. A report should be created, including the vessel's identification details, geographic location, and condition, and efforts should be made to identify and contact the owner. If the owner is unresponsive or not found, the HNC lien process should be followed. If the vessel is stable for impound, it should be impounded, and if not, immediate removal should take place, following the HNC statutory process for disposing of abandoned vessels. The USCG and US Army Corps of Engineers should be contacted for removal assistance, if required.

17. Identify the SNHAP’s funding source for the control/abatement of non-vessel related water hazards, hazardous floating debris (such as logs), submerged objects and abandoned piers and pilings Non-vessel related hazards and SNH are typically funded within the City’s Marina budget.

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EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ Questions 18 - 21a
Has your agency been involved in abatement activities during the past 3 calendar years?
Yes
No
If so, answer the following:

Yearly average number of abandoned vessels removed and destroyed over the past 3 calendar years.
4 18. What was the average cost to remove and destroy abandoned vessels of 30' or less in the last calendar year?
1,000.00
18 a. What was the average cost to remove and destroy abandoned vessels 30' or less in the past 3 calendar years?
800.00

19. What was the average cost to remove and destroy abandoned vessels 31' or more in the last calendar year?
12,000.00
19 a. What was the average cost of disposal to remove and destroy abandoned vessels 31' or more in the past 3 calendar years.
9,500.00
Has your agency been involved in surrendered vessel activities during the past 3 calendar years?
Yes
No
If so, answer the following:

Yearly average number of surrendered vessels removed and destroyed over the past 3 calendar years.
6 20. What was the average cost to receive and destroy surrendered vessels 30' or less last calendar year?
700.00
20 a. What was the average cost to receive and destroy surrendered vessels 30' or less over the past 3 calendar years?
600.00

21. What was the average cost to receive and destroy surrendered vessels 31' or more last calendar year?
12,000.00
21 a. What was the average cost to receive and destroy surrendered vessels 31' or more in the past 3 calendar years?
9,000.00
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EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ Questions 22 - 30

22. Identify the last three SAVE grants awarded and the percentage of unspent funding that was left in each grant.

ONLY LIST CLOSED GRANTS
Name of SAVE grants awarded
Year
Awarded
Amount
Awarded
Percentage of
funding left
over
SAVE 21 2021 50,000.00 1
SAVE 19 2019 50,000.00 50
SAVE 17 2017 50,000.00 0

23. Identify the number of personnel currently working in the program with more than 2 years' experience managing the SAVE program.
2 24. What process/method/practice have you
implemented in the last 24 months to reduce
the cost of removal and destruction of
abandoned or surrendered vessels?
To reduce costs of removal and destruction of abandoned and surrendered vessels we process all boat under 24' in-house which saves us a significant amount of money.

25. Does your agency have additional funding sources (other than SAVE) for disposal of abandoned vessels in the event you run out of grant funding or are not awarded the full grant request?
Yes
No
If yes, list

26. Do you or a partner agency have abandoned vessel storage capabilities that can be used by your agency at no cost to SAVE?
Yes
No

27. Does your agency have access/ability to dispose of vessels at a local or neighboring landfill?
Yes
No

28. Number of current abandoned vessels in your jurisdiction ready to be destroyed? 2 How were these vessels identified? Vessels are submerged unregistered or marked causing navigational hazards.

29. Number of current surrendered vessels in your jurisdiction ready to be destroyed? 6 How were these vessels identified? The boats were abandoned at the marina by marina tenants and currently in the lien process. The City has taken ownership of the vessels and will be surrendering them.

30. Did you collaborate with marinas in your jurisdiction to identify the number of potential surrendered vessels listed in your budget?
Yes
No
If yes, list marinas. Suisun City Marina (City's marina) Contract # C23SO612, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 __________________________________________________________________________ Page: 40 of
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EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________ Budget
List Identified Abandoned Vessels (CF #s)
Total number
of vessels
VESSEL
LENGTH

ESTIMATED
COST
21' Aluminum. No CF 1 21' 500.00
19' fishing boat no CF 1 19' 900.00
Total 2 1,400
List Identified Surrendered Vessels (CF #s)
Total number
of vessels
VESSEL
LENGTH

ESTIMATED
COST
CF9392EX 1 27' 7,000.00
CF5954EP 1 26' 7,000.00
CF3407HR 1 24' 6,500.00
Raven Sailboat 1 36' 12,000.00
Total 4 32,500.00
Estimate Future Abandoned Vessels
Total number
of vessels
VESSEL
LENGTH

ESTIMATED
COST
under 24' 2 20' 1,400.00
over 24' 1 32' 11,000.00
Total 3 12,400.00
Justification: We typically have 3 abandoned vessel per grant cycle. the smaller boats can be processed in-house. Budgeted for one to be processed using a salvage company.

Estimate Future Surrendered Vessels
Total number
of vessels
VESSEL
LENGTH

ESTIMATED
COST
under 24' 5 20' 3,500.00
over 24' 2 27' 10,200.00
Total 7 13,700.00
Justification: There is always a demand for surrendered boats. We estimate at least 5 surrendered to be processed in-house and one to require an outsourced salvage company to assist with removal and salvage.

TOTAL REQUEST 60,000
PLUS 10% MATCH 6,000
TOTAL PROJECT COST 66,000
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EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________EXHIBIT F - Grant Application: Letter of Intent, Scope of Work and Work Plan __________________________________________________________________________

1. Applicant Certification
Per Harbors and Navigation Code 525 (C) “A grant awarded by the department pursuant to subparagraph (A) shall be matched by a 10% contribution from the local agency receiving the grant.” Matching fund may be rendered in cash, or through in-kind contributions which must be verified, and are at the discretion of DBW.

These contributions may include (but are not limited to) the following: administrative costs, personnel hours, removal, and/or storage.

Grant monies WILL NOT be reimbursed by DBW unless 10% match for each reimbursement claim is met. a.

Under penalty of perjury, I certify that I have examined this application and the document(s), proposal(s), and statement(s) submitted in conjunction herewith, and that to the best of my information and belief, the information contained herein is true, accurate, correct, and complete. b.

I certify that I am the person authorized to submit this application on behalf of the applicant.

Prepared by: Name: Janet Hull Date: 04/28/2023
Reviewed by: Name: Kris Lofthus Date: 04/28/2023
Approving Officer: Name: Greg Folsom Date: 04/28/2023
Contract # C23SO612, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 __________________________________________________________________________ Page: 42 of
4242Contract # C23SO612, City of Suisun City, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024, Date: 09/20/2023 __________________________________________________________________________ Page: 42 of
4242
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AGENDA ITEM NO. 9

AGENDA TRANSMITTAL

MEETING DATE:

October
3, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-__: Adopting the 1st Amendment to the Annual Appropriation Resolution No. 2023-88 to Appropriate Funds for the Sidewalk Gap Closure Project Through the Transportation Fund for Clean Air Grant.

FISCAL IMPACT:

There would be no fiscal impact in General Fund as the expenditures are grant funded.

STRATEGIC PLAN:

Provide Good Governance and Ensure Fiscal Solvency

BACKGROUND:

On January 3, 2023, the City Council approved the acceptance of the Transportation Fund for Clean Air (TFCA) Grant in the amount of $95,000 for the Sidewalk Gap Closure Project (Project). In order to expend funds and receive revenues, an amendment to the Annual Appropriation Resolution is required to be adopted by the City Council.

STAFF REPORT:

On August 8, 2023, the City Council authorized the City Manager to enter into a construction contract with the low bidder, Quimu Contracting, for the Sidewalk Gap Closure Project (Project) in the amount of $74,900/ This included 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, and to take any and all necessary and appropriate actions to implement the contract. Due to staff oversight, a budget amendment was not included with the Resolution.

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, 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 RECOMMENDATION:

It is recommended that the City Council adopt the following Resolution No. 2023-___: Adopting the 1st Amendment to the Annual Appropriation Resolution No. 2023-88 to Appropriate Funds for the Sidewalk Gap Closure Project Through the Transportation Fund for Clean Air Grant

DOCUMENTS ATTACHED:
1 .

Location Map.

125
PREPARED BY:

Amanda Dum, Management Analyst II
REVIEWED BY:

Lakhwinder Deol, Finance Director
APPROVED BY:

Aaron Roth, Acting City Manager/Chief of Police

ATTACHMENTS:

1. Resolution Adopting the 1st Amendment to the Annual Appropriation Resolution No. 2023-88 to Appropriate Funds for the Sidewalk Gap Closure Project.pdf

2. Location Map.pdf
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PROJECT LOCATION MAP
Sidewalk Gap Closure Project

PROJECT

LOCATION
128
AGENDA ITEM NO. 10

AGENDA TRANSMITTAL

MEETING DATE:

October
3, 2023

CITY AGENDA ITEM:

Approving Appointments of City Staff members to the Pooled Liability Assurance Network (PLAN) Joint Powers Authority (JPA) Board of Directors and to the Local Agency Workers’ Compensation Excess Joint Powers Authority’s Governing Board.

a
.

FISCAL IMPACT:

There is no fiscal impact.

STRATEGIC PLAN:

Provide Good Governance:

Section 4.3 – Develop partnerships with education, governmental and other agencies to deliver services and/or support efforts on behalf of the city.

Section 4.7 – Improve productivity, efficiency, effectiveness, customer service and citizen satisfaction in all areas of the municipal organization.

BACKGROUND:

PLAN JPA
: The City has been a member of the Pooled Liability Assurance Network Joint Powers Authority (PLAN JPA) and its predecessor agency since 1986 to provide excess pooled insurance coverage and related services. The bylaws of PLAN JPA provide that each pool member shall have representation on its Board of Directors.

LAWCX
: The City has been a member of the Local Agency Workers’ Compensation Excess (LAWCX) JPA since 2002 to provide pooled funding for excess workers’ compensation insurance benefits and costs.

On May 4, 2021, the city designated the Human Resources Administrator as the Director and the City Manager as the Alternate Director to the PLAN JPA Board; and the Human Resources Administrator as the Representative and the City Manager as the Alternate Representative to the LAWCX Board.

STAFF REPORT:

Staffing changes necessitate an amendment to the resolution appointing the City’s voting representatives on each of these Boards of Directors.

The attached resolutions will update the City’s designated representatives. The Human Resources Administrator will continue to serve as the Director and the Deputy City Manager will be designated as the Alternate Director to the PLAN JPA Board, and the Human Resources Administrator will continue to serve as the Representative and the Deputy City Manager will be designated as the Alternate Representative to the LAWCX Board.
129

STAFF RECOMMENDATION:

It is recommended that the City Council:
1 .

DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-___: Appointing One Director and One Alternate Director to the Pooled Liability Assurance Network (PLAN) Joint Powers Authority (JPA) Board of Directors; and 2 .

Resolution No. 2023-___: Appointing One Representative and One Alternate Representative to the Local Agency Workers’ Compensation Excess Joint Powers Authority’s Governing Board.

PREPARED BY:

Christina Penland, Human Resources Administrator
REVIEWED BY:

Aaron Roth, Acting City Manager/Chief of Police
APPROVED BY:

Aaron Roth, Acting City Manager/Chief of Police

ATTACHMENTS:

1. Resolution Appointing One Director and One Alternate Director to the Pooled Liability Assurance Network (PLAN) JPA Board of Directors.pdf

2. Resolution Appointing One Representative and One Alternate Representative to the Local Agency Workers' Compensation Excess Joint Powers Authority's Governing Board.pdf 130

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27 28

RESOLUTION NO. 2023-

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

CITY APPOINTING ONE DIRECTOR AND ONE ALTERNATE DIRECTOR TO

THE POOLED LIABILITY ASSURANCE NETWORK (PLAN) JOINT POWERS

AUTHORITY (JPA) BOARD OF DIRECTORS

WHEREAS, the City of Suisun City was a f ounding member of Association of Bay Area Governments (ABAG) Pooled Liability Assurance Network (PLAN), and has benefitted immeasurably from the stable, cost-effective self-insurance, risk sharing and risk management services provided since 1986; and
WHEREAS, on December 5, 2017, the City Council authorized the execution of the Pooled Liability Assurance Network (PLAN) Joint Exercise of Powers Agreement, which created the PLAN JPA, a pooled risk management and liability pool that is the successor to ABAG PLAN; and
WHEREAS, on June 20, 2018, the ABAG PLAN Board of Directors dissolved ABAG PLAN, and the PLAN JPA Board of Directors established the PLAN JPA; WHEREAS, PLAN JPA bylaws state that each governing body of each Member Entity in PLAN JPA shall appoint one (1) Director and one (1) voting Alternate Director to serve at the respective Member Entity’s pleasure; and
WHEREAS, each appointment shall set forth the director’s and alternate director’s name and position with the Member Entity; and
WHEREAS, on May 4, 2021, the Human Resources Administrator was appointed as the Director, and the City Manager was appointed as the Alternate Director with Council’s adoption of Resolution 2021-33.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Suisun City rescinds the appointments made by Resolution 2021-33 and appoints the Human Resources Administrator, Christina Penland as the City’s Director on the PLAN JPA Board and the Deputy City Manager, Kris Lofthus as the Alternate Director.

PASSED AND ADOPTED at a regular meeting of said City Council held on Tuesday, the 3
rd day of October 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 3rd day of October 2023.

Anita Skinner
City Clerk
131

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RESOLUTION NO. 2023-

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

CITY APPOINTING ONE REPRESENTATIVE AND ONE ALTERNATE
REPRESENTATIVE TO THE LOCAL AGENCY WORKERS’ COMPENSATION EXCESS JOINT POWERS AUTHORITY’S GOVERNING BOARD

WHEREAS, the City of Suisun City entered into a Joint Powers Agreement with other public agencies to create the Local Agency Workers’ Compensation Excess Joint Powers Authority (LAWCX, JPA), to provide pooled funding of workers’ compensation insurance benefits and costs; and
WHEREAS, LAWCX JPA bylaws state that the governing body of each Party to the LAWCX Agreement shall appoint one (1) Representative and one (1) voting Alternate Representative to who shall serve on the Board of Directors at the respective Party’s pleasure; and
WHEREAS, on May 4, 2021, the Human Resources Administrator was appointed as the City’s Representative, and the City Manager was appointed as the Alternate Representative with Council’s adoption of Resolution 2021-34; and
WHEREAS, current City staffing indicates the most appropri ate appointments as Representative and Alternate Representative should be the Human Resources Administrator and the Deputy City Manager.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Suisun City rescinds the appointments made by Resolution 2021-34 and appoints the Human Resources Administrator as the City’s Representative to the LAWCX JPA Board of Directors and the Deputy City Manager as the Alternate Representative.

PASSED AND ADOPTED at a regular meeting of said City Council held on Tuesday, the 3rd day of October 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 3rd day of October 2023.

Anita Skinner
City Clerk
132
AGENDA ITEM NO. 11

AGENDA TRANSMITTAL

MEETING DATE:

October
3, 2023

CITY AGENDA ITEM:

Accept the Investment Report for the Quarter Ending June 30, 2023.

FISCAL IMPACT:

No fiscal impact; informational only.

STRATEGIC PLAN:

Ensure Fiscal Solvency; Provide Good Governance.

BACKGROUND:

Each quarter it is necessary to produce an Investment Report showing how all City, Housing Authority, Successor Agency and Suisun-Solano Water Authority’s available cash is invested, in terms of the type of investment, what institution it is invested in, and current value and interest earnings.

STAFF REPORT:

The total cash and investments (per amount) equaled to $52,982,745 for the period ending June 30, 2023. In summary, the cash and investment portfolio consist of the following governmental funds:

SSWA 2019 Series Bond Proceeds
$573,211
Energy Conservation Project- ENGIE
$376,352
Debt Service Reserves
$2,506,553
General Fund
$10,430,107
Trust/Fiduciary Funds
$13,975,597
All Other Funds
$25,120,923
Total
$52,982,745

In terms of return on our investment managed by PFM Asset Management LLC, the current yield to maturity at cost is 2.73% with an average life of 865 days. The average Local Agency Investment Fund (LAIF) return for the current quarter is 3.01%. For additional details, please refer to the PFM Managed Account Summary Statement attached to this staff report. As of June 30, 2023, the Par Value of investment managed by PFM Asset Management is $23,075,357 according to page 27 of the report.

According to PFM’s quarterly report, the U.S. economic conditions were characterized by a myriad of financial headlines: (1) investors contended with ongoing recession risks; (2) regional bank concerns; (3) the Federal Reserve’s (Fed) historic pace of interest rate hikes; (4) stubbornly high inflation; and (5) a debt ceiling impasse in Washington.

Recent market volatility has caused most fixed-income investors to experience significant unrealized losses. Unrealized gains or losses are the difference between the current market value of an investment and its carrying value on the books, usually measured by amortized cost (or under some accounting treatments, original purchase cost).
133
The recent surge in unrealized losses occurred primarily because interest rates rose sharply in 2022, noting that fixed-income security prices and therefore market values move inversely to interest rates.

Unrealized losses reflect market values at a point in time and will vary day-to-day. However, losses are only monetized, or “realized,” when a security is sold. If fixed-income investments are held to maturity, unrealized losses dissipate, and the full principal is returned at maturity. So, while unrealized losses reflect the value of each asset if it were sold at today’s prices, outside of permanent impairment, unrealized losses could be thought of as temporary, if the intent is to hold to maturity.

As can be seen in the Pie Chart on the last page of the attached Investment Report, nearly 87% of the cash (other than cash in checking accounts) is invested in federally insured CDs, US Treasuries, Agency Notes, Commercial Paper, Corporate Notes or LAIF, all of which generate modest yields.

STAFF RECOMMENDATION:

It is recommended that the Council/Authority accept the Quarter Ending June 30, 2023, Financial Officer’s Investment Report.

DOCUMENTS ATTACHED:
1 .

Financial Officer’s Investment Report, for the Quarter Ending June 30, 2023. 2 .

PFM Asset Management-City of Suisun City Investment Performance Review for the Quarter Ended June 30, 2023.

PREPARED BY:

Elizabeth Luna, Accounting Services Manager
REVIEWED BY:

Lakhwinder Deol, Finance Director
APPROVED BY:

Aaron Roth, Acting City Manager/Chief of Police

ATTACHMENTS:

1. Financial Officer's Investment Report.pdf

2. PFM Asset Management Investment Performance Review.pdf 134
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138
Investment Performance Review
For the Quarter Ended June 30, 2023
Client Management Team PFM Asset Management LLC
Sarah Meacham, Managing Director
Allison Kaune, Senior Analyst
213 Market Street
Harrisburg, PA 17101-2141
717-232-2723
633 W 5th St., 25th Floor
Los Angeles, CA 90071
213-415-1699
NOT FDIC INSURED : NO BANK GUARANTEE : MAY LOSE VALUE
For Institutional Investor or Investment Professional Use Only - This material is not for inspection by, distribution to, or quotation to the general public

CITY OF SUISUN CITY
139
© PFM Asset Management LLC pfmam.com|
Market Summary
140
For the Quarter Ended June 30, 2023
Fixed Income Management QUARTERLY MARKET SUMMARY
Summary
► In Q2, U.S. economic conditions were characterized by a myriad of financial headlines: (1) investors contended with ongoing recession risks; (2) regional bank concerns; (3) the Federal Reserve’s (Fed) historic pace of interest rate hikes; (4) stubbornly high inflation; and (5) a debt ceiling impasse in Washington. ► President Biden signed the bi-partisan debt ceiling bill, avoiding a much-publicized potential default and allowing the U.S. Treasury to fund its obligations. The bill suspends the debt ceiling until January 1, 2025 and included some spending cuts. ► U.S. inflation, as measured by the consumer price index (CPI), has fallen from 6.5% year-over-year (YoY) at the beginning of the year to just 3.0% as of June as monthly gains have moderated. Prices for energy, used cars and airlines fares have shown sharp declines over the past year. But, Core CPI, excluding food and energy prices, remained elevated at 4.8% YoY due to elevated prices for shelter, food, and medical services.
► The Fed followed up the two 25 basis point (bps) hikes in Q1 with one more 25 bp hike at the May meeting, bringing the overnight rate to a target range of 5% to 5.25%.

At the June FOMC meeting, the Fed paused hiking, breaking the string of consecutive meetings with an increase at 10. The “hawkish pause” was accompanied by new Fed projections (the so called “dot plot”) which indicated the expectation for two more 25 bp rate hikes in the remaining part of calendar year 2023, underscoring the Fed’s vigilance in fighting inflationary pressures.

Economic Snapshot
► Real gross domestic product (GDP) increased at an annual rate of 2.0% in the first quarter of 2023. The growth rate reflected increases in consumer spending, exports, government spending, and business fixed investment that were partly offset by decreases in private inventories and residential housing. Future growth expectations have been continually increased, with the median forecast reported by a Bloomberg survey of economists standing at 2.0% for Q2 as well.
► The U.S. labor market remained strong and tight in Q2. Over the second quarter, the U.S. economy added 732,000 new jobs. Although the pace of job gains has trended lower over the past two years, job creation remains elevated compared to pre- pandemic levels. The unemployment rate closed the quarter at 3.6%, very near its 50- year low of 3.4% reached in April. But, the strength of the labor market has moderated slightly, as weekly unemployment claims have risen, the number of job openings has fallen from record highs, and the labor force participation rate reached a post-pandemic high of 62.6%. Wage growth, measured by average hourly earnings, remains elevated at 4.4% YoY.
► On the consumer front, personal consumption continued to grow, durable goods were strong, consumer credit reached record levels and consumer confidence hit an 18-month high. Spending on merchandise dropped while outlays for services increased, underscoring the importance that the services sector has carried for economic growth over the past several quarters.
► In the housing sector, mortgage rates have been above 6% for the entire year, maintaining pressure on homebuyers. Homeowners appear reluctant to give up below-market mortgage rates, resulting in low sales inventory . As a result, existing
home sales remain historically low, while new home sales to their highest level in more than a year.

Interest Rates
► U.S. Treasury yields jumped across the yield curve in the second quarter, as economic data came in stronger than expected, and markets capitulated to the Fed’s “higher-for-longer” trajectory for short term rates. Increases in the yield curve were led by the 2-year U.S. Treasury note, which finished the quarter at 4.90%, up 87 bps from

4.03% on March 31.
► While yields of all tenors increased, the U.S. Treasury yield curve remains steeply inverted. The difference between the yield on the U.S. Treasury 2-year (4.90%) and 10-year note (3.84%) ended the quarter at over 100 bps (1.00%), marking one of the deepest levels of curve inversion in over 40 years.
► As a result of higher yields across the board, fixed income indices posted negative total returns in Q2. The ICE BofA 2-, 5-, and 10-year U.S. Treasury indices returned -0.92%, -1.68%, and -1.93%, respectively.

Sector Performance
► Diversification away from U.S. Treasury securities was strongly additive to fixed- income performance during the second quarter as yield spreads across most sectors tightened. Although investors began the quarter with heightened concern about market volatility, recent bank failures, credit conditions and the looming debt ceiling impasse, sentiment eased during the quarter. That move to a more “risk on” mentality resulted in strong relative performance from spread sectors, like corporate, asset-backed and mortgage-backed securities.
► Federal agency spreads tightened as net issuance slowed. Agency discount notes found increased utility during Q2 as a replacement for U.S. Treasury bills during the height of the debt ceiling uncertainty. In longer maturities, both callable and non- callable agencies generated similar positive excess returns. ► Investment-grade (IG) corporate spreads continued to retrace from their banking crisis wides but remain above longer-term averages. As spreads narrowed, the IG curve flattened resulting in longer durations performing better on a relative basis, as did lower quality issues. Although the spread between financials and industrials remains well above longer-term averages, financials outperformed in Q2 as their retracement from banking crisis wides was more significant.
► Asset-backed security (ABS) yield spreads also continued to retrace from mid- March wides, but not to the extent in corporates. Like IG credit, ABS was a positive contributor to performance during the quarter and excess returns were similar across both auto and credit card collateral.
► Mortgage-back security (MBS) whipsawed in Q2 as a steep tightening of spreads through the second half of the quarter more than offset the widening through April. As a result, the sector broadly generated quite attractive excess returns for the quarter, with 30-year collateral outperforming 15-year terms. Strong returns were driven in part by lighter supply due to a decline in existing home sales and refinancings.

PFM Asset Management LLC | For Institutional Investor or Investment Professional Use Only – This material is not for inspection by, distribution to, or quotation to the general public. 1 141
For the Quarter Ended June 30, 2023
Fixed Income Management QUARTERLY MARKET SUMMARY
Economic Snapshot
Labor Market Mar '23 Jun '22
Unemployment Rate Jun '23 3.6% 3.5% 3. 6%
Change In Non-Farm Payrolls Jun '23 209,000 217,000 370,000 Average Hourly Earnings (YoY) Jun '23 4.4% 4.3% 5.4%
Personal Income (YoY) May '23 5.5% 5.5% 4.3%
Initial Jobless Claims (week) 7/1/23 248,000 228,000 213,000 Growth
Real GDP (QoQ SAAR) 2023Q1 2.0% 2.6% -1.6%
GDP Personal Consumption (QoQ SAAR) 2023Q1 4.2% 1.0% 1.3% Retail Sales (YoY) May '23 1.6% 2.2% 9.3%
ISM Manufacturing Survey (month) Jun '23 46.0 46.3 53.1 Existing Home Sales SAAR (month) May '23 4.30 mil. 4.43 mil. 5.13 mil.

Inflation / Prices
Personal Consumption Expenditures (YoY) May '23 3.8% 4.2% 7.0% Consumer Price Index (YoY) May '23 4.0% 5.0% 9.1%
Consumer Price Index Core (YoY) May '23 5.3% 5.6% 5.9%
Crude Oil Futures (WTI, per barrel) Jun 30 $70.64 $75.67 $105.76 Gold Futures (oz.) Jun 30 $1,929 $1,969 $1,807
Latest
-1,000K
0 1,000K
2,000K
3,000K
4,000K
5,000K

0.0%

2.0%

4.0%

6.0%

8.0%

10.0%

12.0%
Jun '20 Dec '20 Jun '21 Dec '21 Jun '22 Dec '22 Jun '23 Unemployment Rate (left) vs. Change in Nonfarm Payrolls (right) Change In Non-Farm Payrolls Unemployment Rate
-40%
-30%
-20%
-10%
0%
10%
20%
30%
40%
Mar '20 Sep '20 Mar '21 Sep '21 Mar '22 Sep '22 Mar '23 Real GDP (QoQ)
0%
1%
2%
3%
4%
5%
6%
7%
8%
9%
10%
Jun '20 Dec '20 Jun '21 Dec '21 Jun '22 Dec '22
Consumer Price Index
CPI (YoY) Core CPI (YoY)
2 2
1 1

1. Data as of Fourth Quarter 2022.

2. Data as of First Quarter 2022.

Note:

YoY = year-over-year, QoQ = quarter-over-quarter, SAAR = seasonally adjusted annual rate, WTI = West Texas Intermediate crude oil.

Source: Bloomberg.

Interest Rate Overview
U.S. Treasury Note Yields U.S. Treasury Yield Curve
U.S. Treasury Yields Yield Curves as of 06/30/2023
0%
1%
2%
3%
4%
5%
6%
3-mo
1-yr
2-yr
3-yr
5-yr
7-yr
10-yr
20-yr
30-yr
Yield
Maturity
June 30, 2023 March 31, 2023 June 30, 2022
0%
1%
2%
3%
4%
5%
6%
3-mo
1-yr
2-yr
3-yr
5-yr
0 7-yr
10-yr
25-yr
30-yr
Yield
Maturity
U.S. Treasury Federal Agency Corporates, A Rated

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%
6/30/22 9/30/22 12/31/22 3/31/23 6/30/23
Yield
2-Year 5-Year 10-Year
Maturity Jun '23 Mar '23 Change over
Quarter Jun '22 Change over
Year
3-Month 5.30% 4.75% 0.55% 1.67% 3.63%
1-Year 5.42% 4.62% 0.80% 2.78% 2.64%
2-Year 4.90% 4.03% 0.87% 2.96% 1.94%
5-Year 4.16% 3.58% 0.58% 3.04% 1.12%
10-Year 3.84% 3.47% 0.37% 3.02% 0.82%
30-Year 3.86% 3.65% 0.21% 3.19% 0.67%
PFM Asset Management LLC | For Institutional Investor or Investment Professional Use Only – This material is not for inspection by, distribution to, or quotation to the general public. 3 143
For the Quarter Ended June 30, 2023
Fixed Income Management QUARTERLY MARKET SUMMARY
June 30, 2023 Duration Yield 3 Month 1 Year 3 Years
1-3 Year Indices
U.S. Treasury 1.82 4.98% (0.57%) 0.13% (1.05%)
Federal Agency 1.70 5.11% (0.28%) 0.35% (0.87%)
U.S. Corporates, A-AAA rated 1.87 5.62% 0.12% 1.27% (0.48%) Agency MBS (0 to 3 years) 1.99 5.32% (0.18%) (0.07%) (1.95%) Taxable Municipals 1.77 5.30% (0.39%) 0.11% 0.53%
1-5 Year Indices
U.S. Treasury 2.57 4.71% (0.86%) (0.43%) (1.79%)
Federal Agency 2.04 4.99% (0.39%) (0.05%) (1.49%)
U.S. Corporates, A-AAA rated 2.62 5.47% (0.05%) 1.20% (1.14%) Agency MBS (0 to 5 years) 3.10 5.09% (0.44%) (0.62%) (2.39%) Taxable Municipals 2.60 5.12% (0.54%) 0.08% (0.45%)
Master Indices (Maturities 1 Year or Greater)
U.S. Treasury 6.46 4.36% (1.41%) (2.47%) (4.97%)
Federal Agency 3.36 4.81% (0.43%) (0.61%) (2.53%)
U.S. Corporates, A-AAA rated 7.02 5.30% (0.42%) 0.44% (3.89%) Agency MBS (0 to 30 years) 5.62 4.78% (0.53%) (1.56%) (3.77%) Taxable Municipals 9.28 5.02% (0.40%) (0.61%) (4.24%)
Source: ICE BofAML Indices.

As of 06/30/2023 Returns for Periods ended 06/30/2023
Returns for periods greater than one year are annualized.

PFM Asset Management LLC | For Institutional Investor or Investment Professional Use Only – This material is not for inspection by, distribution to, or quotation to the general public.

ICE BofAML Index Returns
4 144
For the Quarter Ended June 30, 2023
Fixed Income Management QUARTERLY MARKET SUMMARY
Disclosures
PFM Asset Management LLC (“PFMAM”) is an investment adviser registered with the U.S. Securities and Exchange Commission and a subsidiary of U.S. Bancorp Asset Management, Inc. (“USBAM”). USBAM is a subsidiary of U.S. Bank National Association (“U.S. Bank”). U.S. Bank is a separate entity and subsidiary of U.S. Bancorp. U.S.

Bank is not responsible for and does not guarantee the products, services or performance of PFMAM.

The views expressed within this material constitute the perspective and judgment of PFM Asset Management LLC at the time of distribution and are subject to change.

Information is obtained from sources generally believed to be reliable and available to the public; however, PFM Asset Management LLC cannot guarantee its accuracy, completeness, or suitability. The information contained in this report is not an offer to purchase or sell any securities.

NOT FDIC INSURED : NO BANK GUARANTEE : MAY LOSE VALUE
Further distribution is not permitted without prior written consent.

CITY OF SUISUN CITY
For the Quarter Ended June 30, 2023
Compliance
|
Note: Pre- and post-trade compliance for the account(s) managed by PFM Asset Management is provided via Bloomberg Asset and Investment Management ("AIM").

Certificate of Compliance
During the reporting period for the quarter ended June 30, 2023, the account(s) managed by PFM Asset Management ("PFMAM") were in compliance with the applicable investment policy and guidelines as furnished to PFMAM.

CITY OF SUISUN CITY
For the Quarter Ended June 30, 2023
Portfolio Snapshot
|
Yield and duration calculations exclude cash and cash equivalents. Sector allocation includes market values and accrued interest.

The portfolio’s benchmark is currently the ICE BofA 0-5 Year U.S Treasury Index. Prior to 6/30/06 it was the ICE BofA 1-3 Year U.S Treasury Index. Source: Bloomberg.

An average of each security’s credit rating was assigned a numeric value and adjusted for its relative weighting in the portfolio.

1. Credit Quality - S&P
29%
23%
18%
23%
7%
28% 27%
19%
16%
9%
0%
5%
10%
15%
20%
25%
30%
0-1 Yr 1-2 Yrs 2-3 Yrs 3-4 Yrs 4-5 Yrs
Portfolio Benchmark
Duration Distribution
U.S. Treasury | 38%
Corporate | 20%
Federal Agency | 19%
ABS | 8%
Agency CMBS | 7%
Commercial Paper | 5%
Negotiable CD | 3%
Municipal | <1%
Sector Allocation
AAA | 7%
AA+ | 64%
AA | 2%
AA- | 3%
A-1+ | 1%
A+ | 2%
A | 7%
A- | 5%
A-1 | 6%
BBB+ | 2%
Not Rated | 1%
Portfolio Snapshot¹
Portfolio Statistics
Portfolio Effective Duration 2.00 years
Benchmark Effective Duration 1.98 years
Portfolio Credit Quality AA
Yield At Market 4.97%
Yield At Cost 2.73%
Total Market Value $22,068,331.97
$21,941,684.51Securities Sub-Total
$23,555.25Cash
$103,092.21Accrued Interest
8 148
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CITY OF SUISUN CITY
For the Quarter Ended June 30, 2023
Account Summary
|
Account Summary
Yield at market, yield on cost, and portfolio duration only include investments held within the separately managed account(s), excludes balances invested in overnight funds.1.

CITY OF SUISUN CITY
Portfolio Values June 30, 2023
PFMAM Managed Account $21,941,685
Amortized Cost $22,818,250
Market Value $21,941,685
Accrued Interest $103,092
Cash $23,555
Analytics¹ June 30, 2023
Yield at Market 4.97%
Yield on Cost 2.73%
Portfolio Duration 2.00
9 149
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48.4%

4.3%

10.1%

2.4%

1.4%

0.1%

3.8%

9.9%

19.6%

0.0% 20.0% 40.0% 60.0% 80.0% 100.0%
U.S. Treasury - $8,373,378
Federal Agency - $4,213,704
Agency CMBS - $1,616,298
Municipal - $49,838
Negotiable CD - $585,705
Commercial Paper - $1,040,841
Corporate - $4,329,520
ABS - $1,835,492
Portfolio Allocation Sector Limit for Analysis*
Sector Allocation Analytics
For informational/analytical purposes only and is not provided for compliance assurance. Includes accrued interest. *Sect
or Limit for Analysis is as derived from our interpretation of your most recent Investment Policy as provided. 10 For the Quarter Ended June 30, 2023
Account SummaryCITY OF SUISUN CITY
Local Government Investment Pool -
$20,704,137
10 150
© PFM Asset Management LLC pfmam.com

CITY OF SUISUN CITY
For the Quarter Ended June 30, 2023
Portfolio Characteristics
|
$0.0
$4.4
$8.8
$13.2
$17.6
$22.0
Millions
June 2023
$0.0
$4.4
$8.8
$13.2
$17.6
$22.0
Millions
March 2023
$0.0
$4.4
$8.8
$13.2
$17.6
$22.0
Millions
December 2022
$0.0
$4.4
$8.8
$13.2
$17.6
$22.0
Millions
September 2022
Sector Allocation Review
U.S. Treasury Federal Agency Agency CMBS Municipal Negotiable CD Commercial Paper Corporate ABS Market values, excluding accrued interest. Only includes fixed-income securities held within the separately managed account(s) and LGIPs managed by PFMAM. Detail may not add to total due to rounding.

Sep-22 % of TotalSecurity Type Dec-22 % of Total Mar-23 % of Total % of TotalJun-23 U.S. Treasury $11.1 52.0% $10.9 50.7% $10.2 46.1% $8.3 38.0% Federal Agency $4.6 21.3% $4.8 22.1% $5.6 25.4% $4.2 19.1% Agency CMBS $0.7 3.5% $0.7 3.2% $0.7 3.2% $1.6 7.4%
Municipal $0.0 0.0% $0.0 0.0% $0.0 0.0% $0.0 0.2%
Negotiable CD $0.7 3.5% $0.7 3.5% $0.5 2.3% $0.6 2.6%
Commercial Paper $0.2 1.1% $0.2 1.1% $0.2 1.1% $1.0 4.7% Corporate $3.1 14.7% $3.2 14.7% $3.6 16.5% $4.3 19.6%
ABS $0.8 3.9% $1.0 4.7% $1.2 5.4% $1.8 8.4%
Total $21.4 100.0% $21.6 100.0% $22.0 100.0% $21.9 100.0% 11 151
© PFM Asset Management LLC pfmam.com

CITY OF SUISUN CITY
For the Quarter Ended June 30, 2023
Portfolio Activity
|
Portfolio Activity
Net Activity by Sector
($ millions)
U.S. Treasury
Federal Agency
Municipal
Negotiable CD
ABS
Corporate
Commercial Paper
Agency CMBS
U.S. Treasury
F
ederal Agency
Municipal
Negotiable CD
ABS
Corporate
Commercial Paper
Agency CMBS
($2.0) ($1.5) ($1.0) ($0.5) $0.0 $0.5 $1.0 $1.5
Based on total proceeds (principal and accrued interest) of buys, sells, maturities, and principal paydowns. Detail may not add to total due to rounding.

Sector Net Activity
Agency CMBS $936,696
Commercial Paper $787,395
Corporate $699,183
ABS $671,444
Negotiable CD $68,156
Municipal $50,000
Federal Agency ($1,395,995)
U.S. Treasury ($1,732,515)
$84,364Total Net Activity
Sales/Maturities Purchases
12 152
© PFM Asset Management LLC pfmam.com

CITY OF SUISUN CITY
For the Quarter Ended June 30, 2023
Portfolio Performance
|
The lesser of 10 years or since inception is shown. Since inception returns for periods one year or less are not shown. Performance inception date is September 30, 2005.1.

Interest earned calculated as the ending accrued interest less beginning accrued interest, plus net interest activity.2.

Returns for periods one year or less are presented on a periodic basis. Returns for periods greater than one year are presented on an annualized basis.3.

The portfolio’s benchmark is currently the ICE BofA 0-5 Year U.S Treasury Index. Prior to 6/30/06 it was the ICE BofA 1-3 Year U.S Treasury Index. Source: Bloomberg.4. -1.5%
-1.0%
-0.5%

0.0%

0.5%

1.0%

1.5%
Return
Portfolio Benchmark Net of Fees
Portfolio Performance
Market Value Basis Earnings 3 Months 1 Year 3 Years 5 Years 10 Years Interest Earned² $ 115,658 $391,919 $927,361 $1,610,708 $2,775,142 Change in Market Value ($152,530) ($192,726) ($1,559,464) ($562,540) ($886,012) ($36,872)Total Dollar Return $199,193 ($632,103) $1,048,168 $1,889,130 Total Return³
Portfolio -0.17% 0.91% -0.93% 1.22% 1.02%
Benchmark⁴ -0.42% 0.42% -1.16% 1.06% 0.90%
Basis Point Fee 0.03% 0.13% 0.13% 0.13% 0.13%
Net of Fee Return -0.20% 0.78% -1.06% 1.09% 0.89%
3 Months 1 Year 3 Years 5 Years 10 Years
13 153
© PFM Asset Management LLC pfmam.com

CITY OF SUISUN CITY
For the Quarter Ended June 30, 2023
Portfolio Performance
|
The lesser of 10 years or since inception is shown. Performance inception date is September 30, 2005.1.

Interest earned calculated as the ending accrued interest less beginning accrued interest, plus net interest activity.2.

Realized gains / (losses) are shown on an amortized cost basis.3.

Accrual Basis Earnings
Accrual Basis Earnings
Interest Earned²
Re
alized Gains / (Losses)³
Change in Amortized Cost
Total Earnings
3 Months
$115,658
($
42,994)
$22,547
$95,210
1 Year
$391,919
($
140,308)
$23,479
$275,090
3 Years
$927,361
($
123,270)
($54,084)
$750,007
5 Year
$1,610,708
($
12,035)
$23,974
$1,622,647
10 Year¹
$2,775,142
$6
4,275
($27,729)
$2,811,689
14 154
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Portfolio Holdings and Transactions
155
© PFM Asset Management LLC pfmam.com

CITY OF SUISUN CITY
For the Quarter Ended June 30, 2023
Account Summary
|
Ratings shown are calculated by assigning a numeral value to each security rating, then calculating a weighted average rating for each security type / issuer category using all available security ratings, excluding Not-Rated (NR) ratings. For security type / issuer categories where a rating from the applicable NRSRO is not available, a rating of NR is assigned. Includes accrued interest and excludes balances invested in overnight funds.

Issuer Diversification
Market Value (%) S&P / Moody's / FitchSecurity Type / Issuer

38.0%U.S. Treasury
UNITED STATES TREASURY 38.0% AA / Aaa / AAA

19.1%Federal Agency
FANNIE MAE 6 .8% AA / Aaa / AAA
FEDERAL FARM CREDIT BANKS 0.6% AA / Aaa / AAA
FEDERAL HOME LOAN BANKS 7.3% AA / Aaa / NR
FREDDIE MAC 4.3% AA / Aaa / AAA

7.3%Agency CMBS
FREDDIE MAC 7.3% AA / Aaa / AAA

0.2%Municipal
STATE OF CONNECTICUT 0.2% AA / Aa / AA

2.7%Negotiable CD
BANK OF AMERICA CO 1.5% A / Aa / AA
TORONTO-DOMINION BANK 1.2% A / A / NR

4.7%Commercial Paper
MITSUBISHI UFJ FINANCIAL GROUP INC 1.7% A / Aa / A
NATIXIS NY BRANCH 3.0% A / Aa / AA

19.6%Corporate
AMAZON.COM INC 0.7% AA / A / AA
AMERICAN EXPRESS CO 0.7% BBB / A / A
AMERICAN HONDA FINANCE 0.8% A / A / A
BANK OF AMERICA CO 0.5% A / A / AA
BRISTOL-MYERS SQUIBB CO 0.8% A / A / NR
CATERPILLAR INC 1.2% A / A / A
CITIGROUP INC 0.4% BBB / A / A
COLGATE-PALMOLIVE COMPANY 0.7% AA / Aa / NR
DEERE & COMPANY 0.7% A / A / A
Market Value (%) S&P / Moody's / FitchSecurity Type / Issuer

19.6%Corporate
GOLDMAN SACHS GROUP INC 0.8% BBB / A / A
HERSHEY COMPANY 0.2% A / A / NR
HOME DEPOT INC 0.6% A / A / A
HONEYWELL INTERNATIONAL 0.5% A / A / A
IBM CORP 0.7% A / A / NR
INTEL CORPORATION 0.7% A / A / A
JP MORGAN CHASE & CO 0.8% A / A / AA
LOCKHEED MARTIN CORP 0.3% A / A / A
MERCK & CO INC 0.3% A / A / NR
Meta Platforms Inc 0.5% AA / A / NR
MORGAN STANLEY 0.6% A / A / A
NATIONAL AUSTRALIA BANK LTD 1.1% AA / Aa / NR

NATIONAL RURAL UTILITIES CO FINANCE
CORP

0.7% A / A / A
NORTHERN TRUST 0.5% A / A / A
STATE STREET CORPORATION 0.7% A / A / AA
TARGET CORP 0.5% A / A / A

THE BANK OF NEW YORK MELLON

CORPORATION

1.1% A / A / AA
TOYOTA MOTOR CORP 0.7% A / A / A
TRUIST FIN CORP 0.7% A / A / A
UNITEDHEALTH GROUP INC 0.2% A / A / A
WAL-MART STORES INC 1.1% AA / Aa / AA

8.3%ABS
AMERICAN EXPRESS CO 0.9% AAA / NR / AAA
BANK OF AMERICA CO 1.3% AAA / Aaa / AAA
BMW VEHICLE OWNER TRUST 0.3% AAA / Aaa / NR
16 156
© PFM Asset Management LLC pfmam.com

Issuer Diversification
Market Value (%) S&P / Moody's / FitchSecurity Type / Issuer

8.3%ABS
CAPITAL ONE FINANCIAL CORP 0.9% AAA / NR / AAA
CARMAX AUTO OWNER TRUST 0.7% AAA / NR / AAA
DISCOVER FINANCIAL SERVICES 1.8% AAA / Aaa / AAA
FORD CREDIT AUTO OWNER TRUST 0.7% AAA / NR / AAA

GM FINANCIAL CONSUMER AUTOMOBILE
TRUST

0.2% AAA / NR / AAA
HARLEY-DAVIDSON MOTORCYCLE TRUST 0.3% NR / Aaa / AAA
HYUNDAI AUTO RECEIVABLES 0.5% AAA / NR / AAA
MERCEDES-BENZ AUTO RECEIVABLES 0.8% AAA / Aaa / NR
100.0%Total
17 157
© PFM Asset Management LLC pfmam.com

CITY OF SUISUN CITY
For the Quarter Ended June 30, 2023
Portfolio Holdings
|
Managed Account Detail of Securities Held
Security Type/Description
Dated Date/Coupon/Maturity CUSIP Par
S&P
Rating
Moody's
Rating
Settle
Date
Original
Cost
Trade
Date
YTM
at Cost
Accrued
Interest
Market
Value
Amortized
Cost
U.S. Treasury

US TREASURY BILL
DTD 04/04/2023 0.000% 08/01/2023
912797GA9 150,000.00 A-1+ P-1 6/26/2023 6/27/2023 149,267.55 5.05 0.00 149,386.17149,351.26

US TREASURY NOTES
DTD 09/30/2016 1.375% 09/30/2023
912828T26 100,000.00 AA+ Aaa 8/24/2021 8/25/2021 102,339.84 0.26 345.63 99,046.88100,277.97

US TREASURY NOTES
DTD 10/31/2016 1.625% 10/31/2023
912828T91 205,000.00 AA+ Aaa 10/25/2021 10/26/2021 209,748.63 0.47 561.24 202,565.63205,788.21

US TREASURY NOTES
DTD 02/28/2019 2.375% 02/29/2024
9128286G0 320,000.00 AA+ Aaa 8/11/2021 8/12/2021 336,487.50 0.35 2,540.22 313,600.00324,303.40

US TREASURY NOTES
DTD 03/31/2017 2.125% 03/31/2024
912828W71 60,000.00 AA+ Aaa 8/1/2019 8/5/2019 60,806.25 1.82 320.49 58,556.2560,129.95

US TREASURY NOTES
DTD 03/31/2017 2.125% 03/31/2024
912828W71 500,000.00 AA+ Aaa 10/4/2021 10/6/2021 521,425.78 0.39 2,670.77 487,968.75506,472.62

US TREASURY NOTES
DTD 05/01/2017 2.000% 04/30/2024
912828X70 250,000.00 AA+ Aaa 5/3/2019 5/6/2019 245,830.08 2.36 842.39 243,007.80249,303.87

US TREASURY NOTES
DTD 05/15/2014 2.500% 05/15/2024
912828WJ5 430,000.00 AA+ Aaa 9/27/2019 9/30/2019 447,048.83 1.61 1,372.96 419,182.83433,220.00

US TREASURY N/B NOTES
DTD 07/15/2021 0.375% 07/15/2024
91282CCL3 425,000.00 AA+ Aaa 8/2/2021 8/4/2021 425,581.05 0.33 735.24 403,617.19425,205.20

US TREASURY NOTES
DTD 08/15/2014 2.375% 08/15/2024
912828D56 290,000.00 AA+ Aaa 8/29/2019 8/30/2019 303,095.31 1.43 2,587.57 280,620.30292,970.29

US TREASURY NOTES
DTD 10/02/2017 2.125% 09/30/2024
9128282Y5 300,000.00 AA+ Aaa 10/4/2021 10/6/2021 314,414.06 0.50 1,602.46 288,468.75306,043.33

US TREASURY N/B NOTES
DTD 10/15/2021 0.625% 10/15/2024
91282CDB4 210,000.00 AA+ Aaa 10/25/2021 10/26/2021 209,294.53 0.74 276.13 197,826.55209,693.10

US TREASURY N/B NOTES
DTD 11/15/2021 0.750% 11/15/2024
91282CDH1 225,000.00 AA+ Aaa 5/6/2022 5/9/2022 213,477.54 2.87 215.52 211,605.48218,707.06

US TREASURY NOTES
DTD 11/30/2017 2.125% 11/30/2024
9128283J7 110,000.00 AA+ Aaa 1/2/2020 1/6/2020 112,384.77 1.66 197.98 105,342.18110,690.12

US TREASURY NOTES
DTD 12/31/2019 1.750% 12/31/2024
912828YY0 75,000.00 AA+ Aaa 10/27/2020 10/27/2020 79,564.45 0.28 3.57 71,296.8876,642.13 18 158
© PFM Asset Management LLC pfmam.com

US TREASURY NOTES
DTD 07/31/2020 0.250% 07/31/2025
91282CAB7 200,000.00 AA+ Aaa 8/2/2021 8/4/2021 197,843.75 0.52 208.56 181,937.50198,873.78

US TREASURY NOTES
DTD 09/30/2020 0.250% 09/30/2025
91282CAM3 400,000.00 AA+ Aaa 10/25/2021 10/26/2021 388,875.00 0.97 251.37 362,250.00393,627.35

US TREASURY NOTES
DTD 10/31/2020 0.250% 10/31/2025
91282CAT8 250,000.00 AA+ Aaa 3/30/2021 3/31/2021 243,710.94 0.81 105.30 225,625.00246,797.27

US TREASURY NOTES
DTD 11/30/2020 0.375% 11/30/2025
91282CAZ4 250,000.00 AA+ Aaa 10/25/2021 10/26/2021 243,466.80 1.03 79.41 225,625.00246,143.84

US TREASURY NOTES
DTD 12/31/2020 0.375% 12/31/2025
91282CBC4 325,000.00 AA+ Aaa 7/1/2021 7/7/2021 318,614.26 0.82 3.31 292,957.02321,436.77

US TREASURY NOTES
DTD 12/31/2020 0.375% 12/31/2025
91282CBC4 300,000.00 AA+ Aaa 6/2/2021 6/7/2021 295,593.75 0.70 3.06 270,421.86297,585.54

US TREASURY NOTES
DTD 12/31/2020 0.375% 12/31/2025
91282CBC4 55,000.00 AA+ Aaa 5/4/2021 5/6/2021 54,069.73 0.75 0.56 49,577.3454,499.84

US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
91282CBH3 250,000.00 AA+ Aaa 3/1/2021 3/3/2021 246,162.11 0.69 391.06 224,414.05247,979.50

US TREASURY N/B NOTES
DTD 07/31/2021 0.625% 07/31/2026
91282CCP4 250,000.00 AA+ Aaa 1/3/2022 1/5/2022 242,285.16 1.32 651.76 222,734.38244,792.02

US TREASURY N/B NOTES
DTD 09/30/2021 0.875% 09/30/2026
91282CCZ2 300,000.00 AA+ Aaa 10/25/2021 10/26/2021 295,792.97 1.17 659.84 268,406.25297,225.70

US TREASURY N/B NOTES
DTD 09/30/2021 0.875% 09/30/2026
91282CCZ2 200,000.00 AA+ Aaa 10/4/2021 10/6/2021 199,328.12 0.94 439.89 178,937.50199,561.80

US TREASURY NOTES
DTD 11/15/2016 2.000% 11/15/2026
912828U24 250,000.00 AA+ Aaa 6/8/2022 6/10/2022 238,994.14 3.07 638.59 231,250.00241,618.14

US TREASURY N/B NOTES
DTD 12/31/2021 1.250% 12/31/2026
91282CDQ1 200,000.00 AA+ Aaa 1/3/2022 1/5/2022 199,062.50 1.35 6.79 180,000.00199,341.54

US TREASURY NOTES
DTD 02/15/2017 2.250% 02/15/2027
912828V98 230,000.00 AA+ Aaa 8/1/2022 8/5/2022 225,301.17 2.73 1,944.20 213,864.07226,238.10

US TREASURY NOTES
DTD 02/15/2017 2.250% 02/15/2027
912828V98 200,000.00 AA+ Aaa 11/28/2022 11/30/2022 186,414.06 4.02 1,690.61 185,968.76188,295.60

US TREASURY NOTES
DTD 05/15/2017 2.375% 05/15/2027
912828X88 250,000.00 AA+ Aaa 10/31/2022 11/1/2022 230,273.44 4.31 758.32 232,812.50233,156.19

US TREASURY NOTES
DTD 05/15/2017 2.375% 05/15/2027
912828X88 270,000.00 AA+ Aaa 9/1/2022 9/6/2022 257,649.61 3.44 818.99 251,437.50259,799.39 19 159
© PFM Asset Management LLC pfmam.com

US TREASURY N/B NOTES
DTD 06/30/2022 3.250% 06/30/2027
91282CEW7 400,000.00 AA+ Aaa 12/28/2022 1/3/2023 388,078.13 3.98 35.33 384,687.52389,380.15

US TREASURY NOTES
DTD 08/31/2020 0.500% 08/31/2027
91282CAH4 250,000.00 AA+ Aaa 11/28/2022 11/30/2022 213,046.88 3.94 417.80 214,453.13217,583.49

US TREASURY N/B NOTES
DTD 10/31/2022 4.125% 10/31/2027
91282CFU0 325,000.00 AA+ Aaa 2/27/2023 2/28/2023 323,108.40 4.26 2,258.66 323,273.44323,244.78

US TREASURY NOTES
DTD 02/15/2018 2.750% 02/15/2028
9128283W8 100,000.00 AA+ Aaa 2/27/2023 2/28/2023 93,500.00 4.21 1,033.15 93,984.3893,940.98 8,905,000.00 8,811,937.09 26,668.73 8,346,708.84Security Type Sub-Total 1.76 8,789,920.28 Negotiable CD

BANK OF AMERICA NA CERT DEPOS
DTD 05/31/2023 5.750% 12/12/2023
06052T3H1 325,000.00 A-1 P-1 5/26/2023 5/31/2023 325,000.00 5.75 1,609.20 324,814.27325,000.00

TORONTO DOMINION BANK NY CERT
DEPOS
DTD 10/31/2022 5.600% 10/27/2025
89115B6K1 250,000.00 A A1 10/27/2022 10/31/2022 250,000.00 5.58 9,450.00 249,831.08250,000.00 575,000.00 575,000.00 11,059.20 574,645.35Security Type Sub-Total 5.68 575,000.00 Municipal

CONNECTICUT ST-A-TXBL MUNICIPAL
BONDS
DTD 06/22/2023 4.506% 05/15/2028
20772KTK5 50,000.00 AA- Aa3 6/1/2023 6/22/2023 50,000.00 4.51 56.33 49,782.0050,000.00 50,000.00 50,000.00 56.33 49,782.00Security Type Sub-Total 4.51 50,000.00 Federal Agency

FANNIE MAE NOTES
DTD 07/10/2020 0.250% 07/10/2023
3135G05G4 160,000.00 AA+ Aaa 7/8/2020 7/10/2020 159,656.00 0.32 190.00 159,842.88159,997.17

FANNIE MAE NOTES (CALLABLE)
DTD 08/10/2020 0.300% 08/10/2023
3135G05R0 160,000.00 AA+ Aaa 8/11/2020 8/12/2020 159,712.00 0.36 188.00 159,176.64159,989.46

FREDDIE MAC NOTES
DTD 09/04/2020 0.250% 09/08/2023
3137EAEW5 140,000.00 AA+ Aaa 9/2/2020 9/4/2020 139,953.80 0.26 109.86 138,710.88139,997.10 20 160
© PFM Asset Management LLC pfmam.com

FREDDIE MAC NOTES
DTD 09/04/2020 0.250% 09/08/2023
3137EAEW5 110,000.00 AA+ Aaa 9/2/2020 9/4/2020 110,020.09 0.24 86.32 108,987.12110,001.26

FEDERAL HOME LOAN BANK NOTES
DTD 08/28/2013 3.375% 09/08/2023
313383YJ4 150,000.00 AA+ Aaa 12/4/2018 12/6/2018 152,609.40 2.98 1,589.06 149,442.45150,103.65

FANNIE MAE NOTES
DTD 09/14/2018 2.875% 09/12/2023
3135G0U43 200,000.00 AA+ Aaa 9/12/2018 9/14/2018 199,180.00 2.96 1,740.97 199,025.60199,967.18

FREDDIE MAC NOTES
DTD 10/16/2020 0.125% 10/16/2023
3137EAEY1 95,000.00 AA+ Aaa 10/14/2020 10/16/2020 94,645.65 0.25 24.74 93,586.2194,965.37

FANNIE MAE NOTES
DTD 11/25/2020 0.250% 11/27/2023
3135G06H1 155,000.00 AA+ Aaa 11/23/2020 11/25/2020 154,823.30 0.29 36.60 151,864.51154,976.00

FHLB BONDS
DTD 02/15/2019 2.500% 02/13/2024
3130AFW94 250,000.00 AA+ Aaa 2/14/2019 2/15/2019 249,115.00 2.58 2,395.83 245,571.25249,889.86

FEDERAL HOME LOAN BANK NOTES
DTD 11/04/2022 4.750% 03/08/2024
3130ATUQ8 300,000.00 AA+ Aaa 12/28/2022 1/3/2023 299,673.00 4.85 4,472.92 298,511.70299,809.12

FEDERAL FARM CREDIT BANK NOTES
DTD 05/16/2022 2.625% 05/16/2024
3133ENWP1 140,000.00 AA+ Aaa 5/10/2022 5/16/2022 139,811.00 2.69 459.38 136,644.48139,917.26

FEDERAL HOME LOAN BANK NOTES
(CALLABLE)
DTD 06/23/2021 0.430% 09/23/2024
3130AMVV1 250,000.00 AA+ Aaa 3/27/2023 3/31/2023 235,380.00 4.56 23.89 234,759.75237,861.62

FEDERAL HOME LOAN BANK NOTES
(CALLABLE)
DTD 11/08/2021 1.000% 11/08/2024
3130APQ81 200,000.00 AA+ Aaa 8/5/2022 8/8/2022 189,644.00 3.41 294.44 188,237.20193,758.72

FANNIE MAE NOTES
DTD 01/10/2020 1.625% 01/07/2025
3135G0X24 100,000.00 AA+ Aaa 1/8/2020 1/10/2020 99,681.00 1.69 785.42 94,831.9099,902.76

FREDDIE MAC NOTES (CALLABLE)
DTD 01/24/2023 5.150% 01/24/2025
3134GYDT6 200,000.00 AA+ Aaa 1/5/2023 1/24/2023 200,000.00 5.15 4,491.94 198,405.60200,000.00

FEDERAL HOME LOAN BANK NOTES
DTD 04/16/2020 0.500% 04/14/2025
3130AJHU6 120,000.00 AA+ Aaa 4/15/2020 4/16/2020 119,404.80 0.60 128.33 110,819.16119,786.92

FANNIE MAE NOTES
DTD 04/24/2020 0.625% 04/22/2025
3135G03U5 130,000.00 AA+ Aaa 4/22/2020 4/24/2020 129,732.20 0.67 155.73 120,232.97129,902.95

FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
3135G04Z3 280,000.00 AA+ Aaa 7/10/2020 7/13/2020 280,495.60 0.46 54.44 256,867.80280,197.41

FANNIE MAE NOTES
DTD 08/27/2020 0.375% 08/25/2025
3135G05X7 235,000.00 AA+ Aaa 8/25/2020 8/27/2020 233,900.20 0.47 308.44 213,661.77234,526.07 21 161
© PFM Asset Management LLC pfmam.com

FREDDIE MAC NOTES
DTD 09/25/2020 0.375% 09/23/2025
3137EAEX3 230,000.00 AA+ Aaa 9/23/2020 9/25/2020 229,307.70 0.44 234.79 208,578.26229,690.67

FREDDIE MAC NOTES (CALLABLE)
DTD 10/23/2020 0.650% 10/22/2025
3134GWZV1 225,000.00 AA+ Aaa 12/6/2021 12/7/2021 219,937.50 1.25 280.31 203,738.40221,980.39

FANNIE MAE NOTES
DTD 11/12/2020 0.500% 11/07/2025
3135G06G3 155,000.00 AA+ Aaa 11/9/2020 11/12/2020 154,445.10 0.57 116.25 140,303.52154,737.94

FEDERAL HOME LOAN BANK NOTES
(CALLABLE)
DTD 08/20/2021 1.100% 08/20/2026
3130ANMH0 200,000.00 AA+ Aaa 7/19/2022 7/20/2022 182,338.00 3.44 800.56 178,594.40186,433.88

FEDERAL HOME LOAN BANK NOTES
DTD 10/25/2022 4.500% 03/10/2028
3130ATS57 200,000.00 AA+ Aaa 3/21/2023 3/23/2023 204,684.49 3.98 2,775.00 201,566.60204,426.25 4,385,000.00 4,338,149.83 21,743.22 4,191,961.05Security Type Sub-Total 2.10 4,352,819.01 Corporate

AMERICAN EXPRESS CO CORPORATE
NOTES
DTD 05/03/2022 3.375% 05/03/2024
025816CV9 165,000.00 BBB+ A2 4/28/2022 5/3/2022 164,983.50 3.38 897.19 161,762.04164,993.07

TOYOTA MOTOR CREDIT CORP

CORPORATE NOTES
DTD 01/13/2022 1.450% 01/13/2025
89236TJT3 165,000.00 A+ A1 1/10/2022 1/13/2022 164,778.90 1.50 1,116.50 155,645.82164,886.63

AMERICAN HONDA FINANCE

CORPORATE NOTES
DTD 01/13/2022 1.500% 01/13/2025
02665WEA5 175,000.00 A- A3 1/11/2022 1/13/2022 174,861.75 1.53 1,225.00 165,316.90174,929.11

GOLDMAN SACHS GROUP INC
(CALLABLE) CORP
DTD 01/24/2022 1.757% 01/24/2025
38141GZH0 170,000.00 BBB+ A2 1/19/2022 1/24/2022 170,000.00 1.76 1,302.62 165,563.68170,000.00

NATIONAL RURAL UTIL COOP

CORPORATE NOTES
DTD 02/07/2022 1.875% 02/07/2025
63743HFC1 160,000.00 A- A2 4/22/2022 4/26/2022 153,728.00 3.36 1,200.00 151,118.08156,383.43

HOME DEPOT INC (CALLABLE)

CORPORATE NOTE
DTD 03/28/2022 2.700% 04/15/2025
437076CM2 15,000.00 A A2 3/24/2022 3/28/2022 14,973.75 2.76 85.50 14,358.0614,984.59

BANK OF NY MELLON CORP
(CALLABLE) CORP N
DTD 04/26/2022 3.350% 04/25/2025
06406RBC0 100,000.00 A A1 4/19/2022 4/26/2022 99,986.00 3.36 614.17 95,985.5099,991.51 22 162
© PFM Asset Management LLC pfmam.com

CATERPILLAR FINL SERVICE

CORPORATE NOTES
DTD 05/13/2022 3.400% 05/13/2025
14913R2V8 130,000.00 A A2 5/10/2022 5/13/2022 129,834.90 3.44 589.33 125,952.71129,897.26

HOME DEPOT INC NOTES (CALLABLE)
DTD 09/19/2022 4.000% 09/15/2025
437076CR1 25,000.00 A A2 9/12/2022 9/19/2022 24,991.00 4.01 294.44 24,512.6024,993.35

CITIGROUP INC CORP NOTES
(CALLABLE)
DTD 01/25/2022 2.014% 01/25/2026
17327CAN3 85,000.00 BBB+ A3 1/18/2022 1/25/2022 85,000.00 2.01 741.82 79,880.4585,000.00

STATE STREET CORP (CALLABLE)

CORPORATE N
DTD 02/07/2022 1.746% 02/06/2026
857477BR3 160,000.00 A A1 4/22/2022 4/26/2022 152,467.20 3.08 1,125.20 149,076.96154,816.43

MORGAN STANLEY CORP NOTES
(CALLABLE)
DTD 02/18/2022 2.630% 02/18/2026
61747YEM3 135,000.00 A- A1 2/16/2022 2/18/2022 135,000.00 2.63 1,311.71 127,817.73135,000.00

JPMORGAN CHASE & CO CORP

NOTES (CALLABLE
DTD 02/24/2022 2.595% 02/24/2026
46647PCV6 175,000.00 A- A1 2/16/2022 2/24/2022 175,000.00 2.60 1,602.05 165,923.63175,000.00

HOME DEPOT INC CORP NOTES
(CALLABLE)
DTD 02/12/2016 3.000% 04/01/2026
437076BM3 100,000.00 A A2 3/6/2023 3/8/2023 94,335.00 5.02 750.00 95,705.1094,916.67

JOHN DEERE CAPITAL CORP

CORPORATE NOTES
DTD 06/08/2023 4.750% 06/08/2026
24422EWX3 30,000.00 A A2 6/5/2023 6/8/2023 29,982.60 4.77 91.04 29,905.4129,982.97

JOHN DEERE CAPITAL CORP

CORPORATE NOTES
DTD 06/08/2023 4.750% 06/08/2026
24422EWX3 20,000.00 A A2 6/6/2023 6/8/2023 20,029.80 4.70 60.70 19,936.9420,029.17

CATERPILLAR FINL SERVICE

CORPORATE NOTES
DTD 01/10/2022 1.700% 01/08/2027
14913R2U0 150,000.00 A A2 1/10/2022 1/12/2022 148,989.00 1.84 1,225.42 135,430.05149,285.86

JOHN DEERE CAPITAL CORP

CORPORATE NOTES
DTD 01/10/2022 1.700% 01/11/2027
24422EWA3 125,000.00 A A2 1/11/2022 1/13/2022 124,295.00 1.82 1,003.47 112,551.13124,501.40

TARGET CORP CORP NOTES
(CALLABLE)
DTD 01/24/2022 1.950% 01/15/2027
87612EBM7 30,000.00 A A2 1/19/2022 1/24/2022 29,949.00 1.99 269.75 27,450.7829,963.68 23 163
© PFM Asset Management LLC pfmam.com

TARGET CORP CORP NOTES
(CALLABLE)
DTD 01/24/2022 1.950% 01/15/2027
87612EBM7 100,000.00 A A2 1/21/2022 1/25/2022 100,219.00 1.90 899.17 91,502.60100,154.96

BANK OF NY MELLON CORP
(CALLABLE) CORPOR
DTD 01/26/2022 2.050% 01/26/2027
06406RBA4 165,000.00 A A1 1/26/2022 1/28/2022 165,199.65 2.02 1,456.35 148,297.71165,141.86

IBM CORP CORP NOTES (CALLABLE)
DTD 02/09/2022 2.200% 02/09/2027
459200KM2 175,000.00 A- A3 2/23/2022 2/25/2022 172,840.50 2.47 1,518.61 158,960.38173,426.31

HONEYWELL INTERNATIONAL
(CALLABLE) CORP
DTD 08/16/2021 1.100% 03/01/2027
438516CE4 125,000.00 A A2 3/1/2022 3/3/2022 119,160.00 2.09 458.33 110,192.13120,712.85

TRUIST FINANCIAL CORP NOTES
(CALLABLE)
DTD 03/02/2021 1.267% 03/02/2027
89788MAD4 165,000.00 A- A3 3/10/2022 3/14/2022 155,034.00 2.57 691.04 145,526.21157,638.13 AMAZON.COM INC CORP NOTE
(CALLABLE)
DTD 04/13/2022 3.300% 04/13/2027
023135CF1 160,000.00 AA A1 4/22/2022 4/26/2022 158,696.00 3.48 1,144.00 152,355.84159,006.00

NORTHERN TRUST CORP NOTE
(CALLABLE)
DTD 05/10/2022 4.000% 05/10/2027
665859AW4 110,000.00 A+ A2 5/10/2022 5/12/2022 111,062.60 3.79 623.33 105,764.56110,816.79

UNITEDHEALTH GROUP INC CORP

NOTES (CALLA
DTD 05/20/2022 3.700% 05/15/2027
91324PEG3 35,000.00 A+ A3 5/17/2022 5/20/2022 34,981.10 3.71 165.47 33,701.2234,985.32

BANK OF AMERICA CORP CORP

NOTES (CALLABL
DTD 04/22/2021 1.734% 07/22/2027
06051GJS9 120,000.00 A- A1 6/2/2023 6/6/2023 107,098.80 4.62 919.02 107,033.16107,312.82

INTEL CORP NOTES (CALLABLE)
DTD 08/05/2022 3.750% 08/05/2027
458140BY5 170,000.00 A A2 8/10/2022 8/12/2022 170,205.70 3.72 2,585.42 162,484.30170,168.54

WALMART INC CORP NOTES
(CALLABLE)
DTD 09/09/2022 3.950% 09/09/2027
931142EX7 165,000.00 AA Aa2 9/12/2022 9/14/2022 165,267.30 3.91 2,027.67 161,710.56165,223.99

BRISTOL-MYERS SQUIBB CO CORP

NOTES (CALL
DTD 07/15/2020 3.900% 02/20/2028
110122DE5 175,000.00 A+ A2 3/13/2023 3/15/2023 170,044.00 4.55 2,483.54 169,888.95170,340.87 24 164
© PFM Asset Management LLC pfmam.com

COLGATE-PALMOLIVE CO CORP

NOTES (CALLABL
DTD 03/01/2023 4.600% 03/01/2028
194162AR4 150,000.00 AA- Aa3 3/6/2023 3/8/2023 149,926.50 4.61 2,300.00 150,767.10149,931.14

WALMART INC CORPORATE NOTES
(CALLABLE)
DTD 04/18/2023 3.900% 04/15/2028
931142FB4 75,000.00 AA Aa2 4/12/2023 4/18/2023 74,862.00 3.94 593.13 73,130.0374,867.60

HERSHEY COMPANY CORP NOTES

CALLABLE
DTD 05/04/2023 4.250% 05/04/2028
427866BH0 40,000.00 A A1 5/1/2023 5/4/2023 39,942.80 4.28 269.17 39,563.3239,944.62

LOCKHEED MARTIN CORP NOTES
(CALLABLE)
DTD 05/25/2023 4.450% 05/15/2028
539830BZ1 50,000.00 A- A3 6/2/2023 6/6/2023 49,820.00 4.53 222.50 49,255.7549,822.49

META PLATFORMS INC COPR NOTES
(CALLABLE)
DTD 05/03/2023 4.600% 05/15/2028
30303M8L9 105,000.00 AA- A1 6/1/2023 6/5/2023 105,157.50 4.56 778.17 103,731.92105,155.19

LOCKHEED MARTIN CORP NOTES
(CALLABLE)
DTD 05/25/2023 4.450% 05/15/2028
539830BZ1 15,000.00 A- A3 5/23/2023 5/25/2023 14,973.00 4.49 66.75 14,776.7314,973.55

MERCK & CO INC CORP NOTES

CALLABLE
DTD 05/17/2023 4.050% 05/17/2028
58933YBH7 65,000.00 A+ A1 5/8/2023 5/17/2023 64,947.35 4.07 321.75 63,744.9264,948.65

NATIONAL AUSTRALIA BK/NY

CORPORATE NOTES
DTD 06/13/2023 4.900% 06/13/2028
63253QAE4 250,000.00 AA- Aa3 6/6/2023 6/13/2023 249,572.50 4.94 612.50 247,597.25249,576.71 4,530,000.00 4,472,195.70 35,641.83 4,293,878.21Security Type Sub-Total 3.21 4,483,703.52 Commercial Paper

NATIXIS NY BRANCH COMM PAPER
DTD 04/24/2023 0.000% 08/22/2023
63873KVN4 275,000.00 A-1 P-1 4/24/2023 4/26/2023 270,231.65 5.38 0.00 272,861.88272,898.69

MUFG BANK LTD/NY COMM PAPER
DTD 06/13/2023 0.000% 03/04/2024
62479LC45 400,000.00 A-1 P-1 6/12/2023 6/13/2023 383,717.22 5.76 0.00 384,513.20384,823.22 25 165
© PFM Asset Management LLC pfmam.com

NATIXIS NY BRANCH COMM PAPER
DTD 06/23/2023 0.000% 03/19/2024
63873JCK4 400,000.00 A-1 P-1 6/23/2023 6/26/2023 383,446.00 5.82 0.00 383,466.40383,756.00 1,075,000.00 1,037,394.87 0.00 1,040,841.48Security Type Sub-Total 5.69 1,041,477.91 Agency CMBS
FHMS K724 A2
DTD 01/01/2017 3.062% 11/01/2023
3137BTU25 74,187.83 AA+ Aaa 1/28/2021 2/2/2021 79,198.41 0.58 189.30 73,544.8674,802.90 FHMS K043 A2
DTD 03/01/2015 3.062% 12/01/2024
3137BGK24 390,000.00 AA+ Aaa 3/19/2020 3/25/2020 409,317.19 1.95 995.15 376,994.23395,856.09 FHMS K046 A2
DTD 06/17/2015 3.205% 03/01/2025
3137BJP64 220,000.00 AA+ Aaa 8/3/2022 8/8/2022 218,358.59 3.51 587.58 212,208.49218,932.03 FHMS KJ32 A1
DTD 11/01/2020 0.516% 06/01/2025
3137F72U8 11,169.26 AA+ Aaa 11/18/2020 11/30/2020 11,169.21 0.52 4.80 10,635.6111,169.24 FHMS K054 A2
DTD 04/20/2016 2.745% 01/01/2026
3137BNGT5 200,000.00 AA+ Aaa 4/11/2023 4/14/2023 191,718.75 4.37 457.50 189,265.17192,369.24 FHMS K058 A2
DTD 11/09/2016 2.653% 08/01/2026
3137BSP72 200,000.00 AA+ Aaa 4/12/2023 4/17/2023 190,898.44 4.14 442.17 187,307.11191,466.34 FHMS K061 A2
DTD 01/30/2017 3.347% 11/01/2026
3137BTUM1 150,000.00 AA+ Aaa 5/19/2023 5/24/2023 145,382.81 4.31 418.38 143,231.48145,522.39 FHMS K063 A2
DTD 03/01/2017 3.430% 01/01/2027
3137BVZ82 215,000.00 AA+ Aaa 5/19/2023 5/24/2023 208,491.21 4.34 614.54 205,497.62208,678.87

FHLMC MULTIFAMILY STRUCTURED P
DTD 07/01/2017 3.243% 04/01/2027
3137F1G44 225,000.00 AA+ Aaa 6/8/2023 6/13/2023 215,604.49 4.44 608.06 213,296.23215,726.33 1,685,357.09 1,670,139.10 4,317.48 1,611,980.80Security Type Sub-Total 3.47 1,654,523.43 ABS
BMWOT 2022-A A3
DTD 05/18/2022 3.210% 08/25/2026
05602RAD3 60,000.00 AAA Aaa 5/10/2022 5/18/2022 59,996.88 3.21 32.10 58,341.4459,997.70 HART 2022-A A3
DTD 03/16/2022 2.220% 10/15/2026
448977AD0 110,000.00 AAA NR 3/9/2022 3/16/2022 109,995.77 2.22 108.53 105,612.31109,996.96 GMCAR 2022-1 A3
DTD 01/19/2022 1.260% 11/16/2026
380146AC4 50,000.00 AAA NR 1/11/2022 1/19/2022 49,995.66 1.26 26.25 47,737.7249,996.96 26 166
© PFM Asset Management LLC pfmam.com

CITY OF SUISUN CITY
For the Quarter Ended June 30, 2023
Portfolio Holdings
|
Security Type/Description
Dated Date/Coupon/Maturity CUSIP Par
S&P
Rating
Moody's
Rating
Settle
Date
Original
Cost
Trade
Date
YTM
at Cost
Accrued
Interest
Market
Value
Amortized
Cost
ABS
CARMX 2022-3 A3
DTD 07/20/2022 3.970% 04/15/2027
14318MAD1 155,000.00 AAA NR 7/12/2022 7/20/2022 154,996.34 3.97 273.49 151,308.35154,997.07 AMXCA 2022-2 A
DTD 05/24/2022 3.390% 05/17/2027
02582JJT8 195,000.00 AAA NR 5/17/2022 5/24/2022 194,956.87 3.39 293.80 188,257.74194,966.43 DCENT 2022-A2 A
DTD 05/26/2022 3.320% 05/17/2027
254683CS2 170,000.00 NR Aaa 5/19/2022 5/26/2022 169,986.18 3.32 250.84 163,911.76169,989.23 DCENT 2022-A3 A3
DTD 08/09/2022 3.560% 07/15/2027
254683CW3 125,000.00 AAA Aaa 8/2/2022 8/9/2022 124,984.49 3.56 197.78 120,756.44124,987.30 MBART 2022-1 A3
DTD 11/22/2022 5.210% 08/16/2027
58768PAC8 185,000.00 AAA Aaa 11/15/2022 11/22/2022 184,963.41 5.21 428.38 183,696.01184,968.09 HDMOT 2023-A A3
DTD 02/23/2023 5.050% 12/15/2027
41285JAD0 70,000.00 NR Aaa 2/13/2023 2/23/2023 69,992.95 5.05 157.11 69,420.6269,993.46 FORDO 2023-A A3
DTD 03/31/2023 4.650% 02/15/2028
344928AD8 80,000.00 AAA NR 3/28/2023 3/31/2023 79,991.66 4.65 165.33 79,019.8279,992.09 BACCT 2022-A2 A2
DTD 11/23/2022 5.000% 04/15/2028
05522RDF2 215,000.00 AAA Aaa 5/31/2023 6/2/2023 216,016.21 4.89 477.78 213,880.34215,999.64 COMET 2023-A1 A
DTD 05/24/2023 4.420% 05/15/2028
14041NGD7 210,000.00 AAA NR 5/17/2023 5/24/2023 209,951.85 4.43 953.98 206,261.41209,952.86 BACCT 2023-A1 A1
DTD 06/16/2023 4.790% 05/15/2028
05522RDG0 75,000.00 AAA NR 6/8/2023 6/16/2023 74,983.02 4.79 149.69 74,403.6874,983.16 FORDO 2023-B A3
DTD 06/26/2023 5.230% 05/15/2028
344930AD4 65,000.00 AAA NR 6/21/2023 6/26/2023 64,999.12 5.23 47.22 64,702.0964,999.12 DCENT 2023-A2 A
DTD 06/28/2023 4.930% 06/15/2028
254683CZ6 105,000.00 AAA Aaa 6/21/2023 6/28/2023 104,985.81 4.93 43.14 104,577.05104,985.83 1,870,000.00 1,870,796.22 3,605.42 1,831,886.78Security Type Sub-Total 4.12 1,870,805.90 23,075,357.09 22,825,612.81 103,092.21 21,941,684.51Managed Account Sub Total Securities Sub Total
Accrued Interest
$23,075,357.09 $22,825,612.81 $103,092.21 $21,941,684.51 $103,092.21
22,818,250.05
$22,818,250.05

CITY OF SUISUN CITY
For the Quarter Ended June 30, 2023
Portfolio Activity
|
Quarterly Portfolio Transactions
Trade
Date
Settle
Date Par ($) CUSIP
Maturity
Date
Transact
Amount ($)Coupon
Yield
at Market
Realized
G/L (BV)Security Description
BUY
4/11/2023 4/14/2023 200,000.00 3137BNGT5 FHMS K054 A2 2.74% 1/1/2026 191,917.00 4.37% 4/12/2023 4/17/2023 200,000.00 3137BSP72 FHMS K058 A2 2.65% 8/1/2026 191,134.26 4.14% 4/12/2023 4/18/2023 75,000.00 931142FB4 WALMART INC CORPORATE NOTES (CALLABLE) 3.90% 4/15/2028 74,862.00 3.94% 4/24/2023 4/26/2023 275,000.00 63873KVN4 NATIXIS NY BRANCH COMM PAPER 0.00% 8/22/2023 270,231.65 5.38% 5/1/2023 5/4/2023 40,000.00 427866BH0 HERSHEY COMPANY CORP NOTES CALLABLE 4.25% 5/4/2028 39,942.80 4.28% 5/8/2023 5/17/2023 65,000.00 58933YBH7 MERCK & CO INC CORP NOTES CALLABLE 4.05% 5/17/2028 64,947.35 4.07% 5/17/2023 5/24/2023 210,000.00 14041NGD7 COMET 2023-A1 A 4.42% 5/15/2028 209,951.85 4.42% 5/19/2023 5/24/2023 150,000.00 3137BTUM1 FHMS K061 A2 3.34% 11/1/2026 145,703.56 4.31% 5/19/2023 5/24/2023 215,000.00 3137BVZ82 FHMS K063 A2 3.43% 1/1/2027 208,962.36 4.34% 5/23/2023 5/25/2023 15,000.00 539830BZ1 LOCKHEED MARTIN CORP NOTES (CALLABLE) 4.45% 5/15/2028 14,973.00 4.49% 5/26/2023 5/31/2023 325,000.00 06052T3H1 BANK OF AMERICA NA CERT DEPOS 5.75% 12/12/2023 325,000.00 5.75% 5/31/2023 6/2/2023 215,000.00 05522RDF2 BACCT 2022-A2 A2 5.00% 4/15/2028 216,523.85 4.89% 6/1/2023 6/5/2023 105,000.00 30303M8L9 META PLATFORMS INC COPR NOTES (CALLABLE) 4.60% 5/15/2028 105,586.83 4.56% 6/1/2023 6/22/2023 50,000.00 20772KTK5 CONNECTICUT ST-A-TXBL MUNICIPAL BONDS 4.50% 5/15/2028 50,000.00 4.51% 6/2/2023 6/6/2023 120,000.00 06051GJS9 BANK OF AMERICA CORP CORP NOTES (CALLABL 1.73% 7/22/2027 107,873.32 4.62% 6/2/2023 6/6/2023 50,000.00 539830BZ1 LOCKHEED MARTIN CORP NOTES (CALLABLE) 4.45% 5/15/2028 49,887.99 4.53% 6/5/2023 6/8/2023 30,000.00 24422EWX3 JOHN DEERE CAPITAL CORP CORPORATE NOTES 4.75% 6/8/2026 29,982.60 4.77% 28 168
© PFM Asset Management LLC pfmam.com

INTEREST
4/1/2023 4/1/2023 100,000.00 437076BM3 HOME DEPOT INC CORP NOTES (CALLABLE) 3.00% 4/1/2026 1,500.00 4/1/2023 4/25/2023 390,000.00 3137BGK24 FHMS K043 A2 3.06% 12/1/2024 995.15 4/1/2023 4/25/2023 13,184.31 3137FUZN7 FHMS KJ30 A1 0.52% 1/1/2025 5.78 4/1/2023 4/25/2023 77,256.71 3137BTU25 FHMS K724 A2 3.06% 11/1/2023 197.13 4/1/2023 4/25/2023 11,784.70 3137F72U8 FHMS KJ32 A1 0.51% 6/1/2025 5.07 4/1/2023 4/25/2023 220,000.00 3137BJP64 FHMS K046 A2 3.20% 3/1/2025 587.58 29 169
© PFM Asset Management LLC pfmam.com

INTEREST
4/3/2023 4/3/2023 MONEY0002 MONEY MARKET FUND 70.77
4/13/2023 4/13/2023 160,000.00 023135CF1 AMAZON.COM INC CORP NOTE (CALLABLE) 3.30% 4/13/2027 2,640.00 4/14/2023 4/14/2023 120,000.00 3130AJHU6 FEDERAL HOME LOAN BANK NOTES 0.50% 4/14/2025 300.00 4/15/2023 4/15/2023 125,000.00 254683CW3 DCENT 2022-A3 A3 3.56% 7/15/2027 370.83 4/15/2023 4/15/2023 80,000.00 344928AD8 FORDO 2023-A A3 4.65% 2/15/2028 155.00 4/15/2023 4/15/2023 210,000.00 91282CDB4 US TREASURY N/B NOTES 0.62% 10/15/2024 656.25 4/15/2023 4/15/2023 110,000.00 448977AD0 HART 2022-A A3 2.22% 10/15/2026 203.50 4/15/2023 4/15/2023 185,000.00 58768PAC8 MBART 2022-1 A3 5.21% 8/16/2027 803.21 4/15/2023 4/15/2023 155,000.00 14318MAD1 CARMX 2022-3 A3 3.97% 4/15/2027 512.79 4/15/2023 4/15/2023 170,000.00 254683CS2 DCENT 2022-A2 A 3.32% 5/17/2027 470.33 4/15/2023 4/15/2023 70,000.00 41285JAD0 HDMOT 2023-A A3 5.05% 12/15/2027 294.58 4/15/2023 4/15/2023 15,000.00 437076CM2 HOME DEPOT INC (CALLABLE) CORPORATE NOTE 2.70% 4/15/2025 202.50 4/15/2023 4/15/2023 195,000.00 02582JJT8 AMXCA 2022-2 A 3.39% 5/17/2027 550.88 4/16/2023 4/16/2023 95,000.00 3137EAEY1 FREDDIE MAC NOTES 0.12% 10/16/2023 59.38 4/16/2023 4/16/2023 50,000.00 380146AC4 GMCAR 2022-1 A3 1.26% 11/16/2026 52.50 4/22/2023 4/22/2023 130,000.00 3135G03U5 FANNIE MAE NOTES 0.62% 4/22/2025 406.25 4/22/2023 4/22/2023 225,000.00 3134GWZV1 FREDDIE MAC NOTES (CALLABLE) 0.65% 10/22/2025 731.25 30 170
© PFM Asset Management LLC pfmam.com

INTEREST
4/25/2023 4/25/2023 60,000.00 05602RAD3 BMWOT 2022-A A3 3.21% 8/25/2026 160.50 4/25/2023 4/25/2023 100,000.00 06406RBC0 BANK OF NY MELLON CORP (CALLABLE) CORP N 3.35% 4/25/2025 1,675.00 4/30/2023 4/30/2023 250,000.00 91282CAT8 US TREASURY NOTES 0.25% 10/31/2025 312.50 4/30/2023 4/30/2023 485,000.00 91282CBW0 US TREASURY N/B NOTES 0.75% 4/30/2026 1,818.75 4/30/2023 4/30/2023 375,000.00 912828T91 US TREASURY NOTES 1.62% 10/31/2023 3,046.88 4/30/2023 4/30/2023 250,000.00 912828X70 US TREASURY NOTES 2.00% 4/30/2024 2,500.00 4/30/2023 4/30/2023 500,000.00 91282CFU0 US TREASURY N/B NOTES 4.12% 10/31/2027 10,312.50 5/1/2023 5/1/2023 MONEY0002 MONEY MARKET FUND 75.50
5/1/2023 5/25/2023 75,848.32 3137BTU25 FHMS K724 A2 3.06% 11/1/2023 193.54 5/1/2023 5/25/2023 220,000.00 3137BJP64 FHMS K046 A2 3.20% 3/1/2025 587.58 5/1/2023 5/25/2023 200,000.00 3137BNGT5 FHMS K054 A2 2.74% 1/1/2026 457.50 5/1/2023 5/25/2023 390,000.00 3137BGK24 FHMS K043 A2 3.06% 12/1/2024 995.15 5/1/2023 5/25/2023 200,000.00 3137BSP72 FHMS K058 A2 2.65% 8/1/2026 442.17 5/1/2023 5/25/2023 11,585.27 3137F72U8 FHMS KJ32 A1 0.51% 6/1/2025 4.98 5/1/2023 5/25/2023 12,852.79 3137FUZN7 FHMS KJ30 A1 0.52% 1/1/2025 5.63 5/3/2023 5/3/2023 165,000.00 025816CV9 AMERICAN EXPRESS CO CORPORATE NOTES 3.37% 5/3/2024 2,784.38 5/7/2023 5/7/2023 155,000.00 3135G06G3 FANNIE MAE NOTES 0.50% 11/7/2025 387.50 31 171
© PFM Asset Management LLC pfmam.com

INTEREST
5/8/2023 5/8/2023 200,000.00 3130APQ81 FEDERAL HOME LOAN BANK NOTES (CALLABLE) 1.00% 11/8/2024 1,000.00 5/10/2023 5/10/2023 110,000.00 665859AW4 NORTHERN TRUST CORP NOTE (CALLABLE) 4.00% 5/10/2027 2,200.00 5/13/2023 5/13/2023 130,000.00 14913R2V8 CATERPILLAR FINL SERVICE CORPORATE NOTES 3.40% 5/13/2025 2,210.00 5/15/2023 5/15/2023 430,000.00 912828WJ5 US TREASURY NOTES 2.50% 5/15/2024 5,375.00 5/15/2023 5/15/2023 225,000.00 91282CDH1 US TREASURY N/B NOTES 0.75% 11/15/2024 843.75 5/15/2023 5/15/2023 35,000.00 91324PEG3 UNITEDHEALTH GROUP INC CORP NOTES (CALLA 3.70% 5/15/2027 647.50 5/15/2023 5/15/2023 70,000.00 41285JAD0 HDMOT 2023-A A3 5.05% 12/15/2027 294.58 5/15/2023 5/15/2023 250,000.00 912828U24 US TREASURY NOTES 2.00% 11/15/2026 2,500.00 5/15/2023 5/15/2023 520,000.00 912828X88 US TREASURY NOTES 2.37% 5/15/2027 6,175.00 5/15/2023 5/15/2023 195,000.00 02582JJT8 AMXCA 2022-2 A 3.39% 5/17/2027 550.88 5/15/2023 5/15/2023 170,000.00 254683CS2 DCENT 2022-A2 A 3.32% 5/17/2027 470.33 5/15/2023 5/15/2023 125,000.00 254683CW3 DCENT 2022-A3 A3 3.56% 7/15/2027 370.83 5/15/2023 5/15/2023 155,000.00 14318MAD1 CARMX 2022-3 A3 3.97% 4/15/2027 512.79 5/15/2023 5/15/2023 80,000.00 344928AD8 FORDO 2023-A A3 4.65% 2/15/2028 310.00 5/15/2023 5/15/2023 185,000.00 58768PAC8 MBART 2022-1 A3 5.21% 8/16/2027 803.21 5/15/2023 5/15/2023 110,000.00 448977AD0 HART 2022-A A3 2.22% 10/15/2026 203.50 5/16/2023 5/16/2023 50,000.00 380146AC4 GMCAR 2022-1 A3 1.26% 11/16/2026 52.50 32 172
© PFM Asset Management LLC pfmam.com

INTEREST
5/16/2023 5/16/2023 140,000.00 3133ENWP1 FEDERAL FARM CREDIT BANK NOTES 2.62% 5/16/2024 1,837.50 5/25/2023 5/25/2023 60,000.00 05602RAD3 BMWOT 2022-A A3 3.21% 8/25/2026 160.50 5/27/2023 5/27/2023 155,000.00 3135G06H1 FANNIE MAE NOTES 0.25% 11/27/2023 193.75 5/31/2023 5/31/2023 250,000.00 91282CAZ4 US TREASURY NOTES 0.37% 11/30/2025 468.75 5/31/2023 5/31/2023 110,000.00 9128283J7 US TREASURY NOTES 2.12% 11/30/2024 1,168.75 6/1/2023 6/1/2023 MONEY0002 MONEY MARKET FUND 368.61
6/1/2023 6/25/2023 200,000.00 3137BNGT5 FHMS K054 A2 2.74% 1/1/2026 457.50 6/1/2023 6/25/2023 11,370.15 3137F72U8 FHMS KJ32 A1 0.51% 6/1/2025 4.89 6/1/2023 6/25/2023 150,000.00 3137BTUM1 FHMS K061 A2 3.34% 11/1/2026 418.38 6/1/2023 6/25/2023 220,000.00 3137BJP64 FHMS K046 A2 3.20% 3/1/2025 587.58 6/1/2023 6/25/2023 390,000.00 3137BGK24 FHMS K043 A2 3.06% 12/1/2024 995.15 6/1/2023 6/25/2023 74,296.07 3137BTU25 FHMS K724 A2 3.06% 11/1/2023 189.58 6/1/2023 6/25/2023 215,000.00 3137BVZ82 FHMS K063 A2 3.43% 1/1/2027 614.54 6/1/2023 6/25/2023 200,000.00 3137BSP72 FHMS K058 A2 2.65% 8/1/2026 442.17 6/6/2023 6/6/2023 60,000.00 24422EWF2 JOHN DEERE CAPITAL CORP CORPORATE NOTES 3.40% 6/6/2025 1,020.00 6/15/2023 6/15/2023 215,000.00 05522RDF2 BACCT 2022-A2 A2 5.00% 4/15/2028 895.83 6/15/2023 6/15/2023 125,000.00 254683CW3 DCENT 2022-A3 A3 3.56% 7/15/2027 370.83 33 173
© PFM Asset Management LLC pfmam.com

INTEREST
6/15/2023 6/15/2023 80,000.00 344928AD8 FORDO 2023-A A3 4.65% 2/15/2028 310.00 6/15/2023 6/15/2023 110,000.00 448977AD0 HART 2022-A A3 2.22% 10/15/2026 203.50 6/15/2023 6/15/2023 185,000.00 58768PAC8 MBART 2022-1 A3 5.21% 8/16/2027 803.21 6/15/2023 6/15/2023 170,000.00 254683CS2 DCENT 2022-A2 A 3.32% 5/17/2027 470.33 6/15/2023 6/15/2023 195,000.00 02582JJT8 AMXCA 2022-2 A 3.39% 5/17/2027 550.88 6/15/2023 6/15/2023 155,000.00 14318MAD1 CARMX 2022-3 A3 3.97% 4/15/2027 512.79 6/15/2023 6/15/2023 70,000.00 41285JAD0 HDMOT 2023-A A3 5.05% 12/15/2027 294.58 6/16/2023 6/16/2023 50,000.00 380146AC4 GMCAR 2022-1 A3 1.26% 11/16/2026 52.50 6/17/2023 6/17/2023 280,000.00 3135G04Z3 FANNIE MAE NOTES 0.50% 6/17/2025 700.00 6/23/2023 6/23/2023 250,000.00 3130AMVV1 FEDERAL HOME LOAN BANK NOTES (CALLABLE) 0.43% 9/23/2024 537.50 6/25/2023 6/25/2023 60,000.00 05602RAD3 BMWOT 2022-A A3 3.21% 8/25/2026 160.50 6/30/2023 6/30/2023 680,000.00 91282CBC4 US TREASURY NOTES 0.37% 12/31/2025 1,275.00 6/30/2023 6/30/2023 200,000.00 91282CDQ1 US TREASURY N/B NOTES 1.25% 12/31/2026 1,250.00 6/30/2023 6/30/2023 400,000.00 91282CEW7 US TREASURY N/B NOTES 3.25% 6/30/2027 6,500.00 6/30/2023 6/30/2023 75,000.00 912828YY0 US TREASURY NOTES 1.75% 12/31/2024 656.25 Total INTEREST 14,933,178.32 86,522.01 0.00
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© PFM Asset Management LLC pfmam.com

MATURITY
4/26/2023 4/26/2023 250,000.00 86565FKG6 SUMITOMO MITSUI BANK NY CERT DEPOS 2.70% 4/26/2023 256,843.75 5/22/2023 5/22/2023 155,000.00 3135G04Q3 FANNIE MAE NOTES 0.25% 5/22/2023 155,193.75 5/26/2023 5/26/2023 250,000.00 3130AUYN8 FEDERAL HOME LOAN BANK NOTES (CALLED, OM 5.48% 5/26/2023 253,348.89 6/9/2023 6/9/2023 250,000.00 313383QR5 FEDERAL HOME LOAN BANK 3.25% 6/9/2023 254,062.50 6/13/2023 6/13/2023 250,000.00 78015DTD2 ROYAL BANK OF CANADA NY COMM PAPER 0.00% 6/13/2023 250,000.00 6/26/2023 6/26/2023 225,000.00 3137EAES4 FREDDIE MAC NOTES 0.25% 6/26/2023 225,281.25 6/27/2023 6/27/2023 250,000.00 313384HK8 FED HOME LN DISCOUNT NT DISC NOTES 0.00% 6/27/2023 250,000.00 Total MATURITY 1,630,000.00 1,644,730.14 0.00

PAYDOWNS
4/1/2023 4/25/2023 199.43 3137F72U8 FHMS KJ32 A1 0.51% 6/1/2025 199.43 4/1/2023 4/25/2023 1,408.39 3137BTU25 FHMS K724 A2 3.06% 11/1/2023 1,408.39 4/1/2023 4/25/2023 331.52 3137FUZN7 FHMS KJ30 A1 0.52% 1/1/2025 331.52 5/1/2023 5/25/2023 12,852.79 3137FUZN7 FHMS KJ30 A1 0.52% 1/1/2025 12,852.79 5/1/2023 5/25/2023 1,552.25 3137BTU25 FHMS K724 A2 3.06% 11/1/2023 1,552.25 5/1/2023 5/25/2023 215.12 3137F72U8 FHMS KJ32 A1 0.51% 6/1/2025 215.12 6/1/2023 6/25/2023 200.89 3137F72U8 FHMS KJ32 A1 0.51% 6/1/2025 200.89 35 175
© PFM Asset Management LLC pfmam.com

PAYDOWNS
6/1/2023 6/25/2023 108.24 3137BTU25 FHMS K724 A2 3.06% 11/1/2023 108.24 Total PAYDOWNS 16,868.63 16,868.63 0.00
SELL
4/11/2023 4/14/2023 190,000.00 3137EAER6 FREDDIE MAC NOTES 0.37% 5/5/2023 189,851.09 -462.07 4/12/2023 4/17/2023 200,000.00 912828YY0 US TREASURY NOTES 1.75% 12/31/2024 193,261.09 -12,750.67 4/17/2023 4/18/2023 65,000.00 91282CCN9 US TREASURY N/B NOTES 0.12% 7/31/2023 64,146.38 -815.37 5/2/2023 5/4/2023 30,000.00 91282CCN9 US TREASURY N/B NOTES 0.12% 7/31/2023 29,645.18 -342.77 5/11/2023 5/12/2023 40,000.00 912828T26 US TREASURY NOTES 1.37% 9/30/2023 39,508.42 -477.76 5/18/2023 5/24/2023 200,000.00 912828T26 US TREASURY NOTES 1.37% 9/30/2023 197,702.62 -2,351.22 5/19/2023 5/24/2023 150,000.00 91282CAZ4 US TREASURY NOTES 0.37% 11/30/2025 137,186.45 -10,670.71 5/22/2023 5/24/2023 100,000.00 91282CEW7 US TREASURY N/B NOTES 3.25% 6/30/2027 98,999.85 431.10 5/26/2023 5/30/2023 70,000.00 3137EAFA2 FREDDIE MAC NOTES 0.25% 12/4/2023 68,257.86 -1,815.80 5/31/2023 6/2/2023 215,000.00 912828T26 US TREASURY NOTES 1.37% 9/30/2023 212,745.78 -3,551.17 5/31/2023 6/2/2023 25,000.00 912828T26 US TREASURY NOTES 1.37% 9/30/2023 24,737.88 -280.37 6/1/2023 6/5/2023 100,000.00 912828T26 US TREASURY NOTES 1.37% 9/30/2023 99,021.39 -1,583.95 6/2/2023 6/6/2023 170,000.00 912828T91 US TREASURY NOTES 1.62% 10/31/2023 167,800.80 -3,264.53 6/5/2023 6/8/2023 60,000.00 24422EWF2 JOHN DEERE CAPITAL CORP CORPORATE NOTES 3.40% 6/6/2025 58,474.73 -1,527.42 36 176
© PFM Asset Management LLC pfmam.com

CITY OF SUISUN CITY
For the Quarter Ended June 30, 2023
Appendix
|
Important Disclosures
This material is for general information purposes only and is not intended to provide specific advice or a specific recommendation, as it was prepared without regard to any specific objectives or financial circumstances.

Investment advisory services are provided by PFM Asset Management LLC ("PFMAM"), an investment adviser registered with the U.S. Securities and Exchange Commission and a subsidiary of U.S. Bancorp Asset Management, Inc. ("USBAM"). USBAM is a subsidiary of U.S. Bank National Association ("U.S. Bank"). U.S. Bank is a separate entity and subsidiary of U.S. Bancorp. U.S. Bank is not responsible for and does not guarantee the products, services or performance of PFMAM. The information contained is not an offer to purchase or sell any securities. Additional applicable regulatory information is available upon request.

PFMAM professionals have exercised reasonable professional care in the preparation of this performance report. Information in this report is obtained from sources external to PFMAM and is generally believed to be reliable and available to the public; however, we cannot guarantee its accuracy, completeness or suitability. We rely on the client's custodian for security holdings and market values. Transaction dates reported by the custodian may differ from money manager statements. While efforts are made to ensure the data contained herein is accurate and complete, we disclaim all responsibility for any errors that may occur. References to particular issuers are for illustrative purposes only and are not intended to be recommendations or advice regarding such issuers. Fixed income manager and index characteristics are gathered from external sources. When average credit quality is not available, it is estimated by taking the market value weights of individual credit tiers on the portion of the strategy rated by a NRSRO.

It is not possible to invest directly in an index. The index returns shown throughout this material do not represent the results of actual trading of investor assets.

Third-party providers maintain the indices shown and calculate the index levels and performance shown or discussed. Index returns do not reflect payment of any sales charges or fees an investor would pay to purchase the securities they represent. The imposition of these fees and charges would cause investment performance to be lower than the performance shown.

The views expressed within this material constitute the perspective and judgment of PFMAM at the time of distribution and are subject to change. Any forecast, projection, or prediction of the market, the economy, economic trends, and equity or fixed-income markets are based upon certain assumptions and current opinion as of the date of issue and are also subject to change. Some, but not all assumptions are noted in the report. Assumptions may or may not be proven correct as actual events occur, and results may depend on events outside of your or our control. Changes in assumptions may have a material effect on results. Opinions and data presented are not necessarily indicative of future events or expected performance.

For more information regarding PFMAM's services or entities, please visit www.pfmam.com. © 2023 PFM Asset Management LLC. Further distribution is not permitted without prior written consent. 38 178
© PFM Asset Management LLC pfmam.com

CITY OF SUISUN CITY
For the Quarter Ended June 30, 2023
Appendix
|
Important Disclosures
Market values that include accrued interest are derived from closing bid prices as of the last business day of the month as supplied by Refinitiv, Bloomberg, or Telerate. Where prices are not available from generally recognized sources, the securities are priced using a yield-based matrix system to arrive at an estimated market value.

In accordance with generally accepted accounting principles, information is presented on a trade date basis; forward settling purchases are included in the monthly balances, and forward settling sales are excluded.

Performance is presented in accordance with the CFA Institute's Global Investment Performance Standards (GIPS). Unless otherwise noted, performance is shown gross of fees. Quarterly returns are presented on an unannualized basis. Returns for periods greater than one year are presented on an annualized basis. Past performance is not indicative of future returns.

Bank of America/Merrill Lynch Indices provided by Bloomberg Financial Markets.

Money market fund/cash balances are included in performance and duration computations.

Standard & Poor's is the source of the credit ratings. Distribution of credit rating is exclusive of money market fund/LGIP holdings.

Callable securities in the portfolio are included in the maturity distribution analysis to their stated maturity date, although, they may be called prior to maturity.

CITY OF SUISUN CITY
For the Quarter Ended June 30, 2023
Appendix
|
Glossary
Accrued Interest: Interest that is due on a bond or other fixed income security since the last interest payment was made.

Agencies: Federal agency securities and/or Government-sponsored enterprises.

Amortized Cost: The original cost of the principal of the security is adjusted for the amount of the periodic reduction of any discount or premium from the purchase date until the date of the report. Discount or premium with respect to short-term securities (those with less than one year to maturity at time of issuance) is amortized on a straight line basis. Such discount or premium with respect to longer-term securities is amortized using the constant yield basis.

Asset-Backed Security: A financial instrument collateralized by an underlying pool of assets – usually ones that generate a cash flow from debt, such as loans, leases, credit card balances, and receivables.

Bankers’ Acceptance: A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill as well as the insurer.

Commercial Paper: An unsecured obligation issued by a corporation or bank to finance its short-term credit needs, such as accounts receivable and inventory.

Contribution to Total Return: The weight of each individual security multiplied by its return, then summed for each sector to determine how much each sector added or subtracted from the overall portfolio performance.

Effective Duration: A measure of the sensitivity of a security’s price to a change in interest rates, stated in years.

Effective Yield: The total yield an investor receives in relation to the nominal yield or coupon of a bond. Effective yield takes into account the power of compounding on investment returns, while nominal yield does not.

FDIC: Federal Deposit Insurance Corporation. A federal agency that insures bank deposits to a specified amount.

Interest Rate: Interest per year divided by principal amount and expressed as a percentage.

Market Value: The value that would be received or paid for an investment in an orderly transaction between market participants at the measurement date.

Maturity: The date upon which the principal or stated value of an investment becomes due and payable.

Negotiable Certificates of Deposit: A CD with a very large denomination, usually $1 million or more, that can be traded in secondary markets.

Par Value: The nominal dollar face amount of a security.

Pass-through Security: A security representing pooled debt obligations that passes income from debtors to its shareholders. The most common type is the mortgage-backed security.
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© PFM Asset Management LLC pfmam.com

CITY OF SUISUN CITY
For the Quarter Ended June 30, 2023
Appendix
|
Glossary
Repurchase Agreements: A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date.

Settle Date: The date on which the transaction is settled and monies/securities are exchanged. If the settle date of the transaction (i.e., coupon payments and maturity proceeds) occurs on a non-business day, the funds are exchanged on the next business day.

Supranational: A multinational union or association in which member countries cede authority and sovereignty on at least some internal matters to the group, whose decisions are binding on its members.

Trade Date: The date on which the transaction occurred; however, the final consummation of the security transaction and payment has not yet taken place.

Unsettled Trade: A trade which has been executed; however, the final consummation of the security transaction and payment has not yet taken place.

U.S. Treasury: The department of the U.S. government that issues Treasury securities.

Yield: The rate of return based on the current market value, the annual interest receipts, maturity value, and the time period remaining until maturity, stated as a percentage on an annualized basis.

YTM at Cost: The yield to maturity at cost is the expected rate of return based on the original cost, the annual interest receipts, maturity value, and the time period from purchase date to maturity, stated as a percentage on an annualized basis.

YTM at Market: The yield to maturity at market is the rate of return based on the current market value, the annual interest receipts, maturity value, and the time period remaining until maturity, stated as a percentage on an annualized basis. 41 181

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182
AGENDA ITEM NO. 12

AGENDA TRANSMITTAL

MEETING DATE:

October
3, 2023

CITY AGENDA ITEM:

Council/Agency/Authority Approval of the Minutes of the Regular and/or Special Meetings of the Suisun City Council, Suisun City Council Acting as Successor Agency, and Housing Authority held on September 19, 2023.

FISCAL IMPACT:

None

STRATEGIC PLAN:

Provide Good Governance.

BACKGROUND:

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

STAFF REPORT:

The minutes of the City Council, Suisun City Council Acting as Successor Agency, and Housing Authority held on September 19, 2023, are submitted for review and approval.

STAFF RECOMMENDATION:

DOCUMENTS ATTACHED:
1 .

Minutes - September 19, 2023, Regular Council-Successor Agency-Housing Authority Meeting.

PREPARED BY:

Anita Skinner, City Clerk
REVIEWED BY:

Anita Skinner, City Clerk
APPROVED BY:

Aaron Roth, Acting City Manager/Chief of Police

ATTACHMENTS:
2023 09 19 cc sa ha 630 Minutes.pdf
183

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

MINUTES

REGULAR MEETING OF THE SUISUN CITY COUNCIL,

SUISUN CITY COUNCIL ACTING AS SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY OF THE CITY OF SUISUN CITY,

AND HOUSING AUTHORITY
TUESDAY, SEPTEMBER 19, 2023
6:30 PM

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

AGENDA REVISED

CITY COUNCIL MEETINGS ARE HELD IN-PERSON

PUBLIC PARTICIPATION IS ALSO AVAILABLE VIA ZOOM

ZOOM MEETING INFORMATION:

WEBSITE: https://zoom.us/join
MEETING ID: 860 4003 9913
CALL IN PHONE NUMBER: (707) 438-1720

REMOTE PUBLIC COMMENT IS AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING [email protected] (PRIOR TO 6 PM), VIA WEBSITE, OR ZOOM CALL IN PHONE NUMBER (707) 438 -1720

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

(Next Ord. No. – 804)
(Next City Council Res. No. 2023 – 130)
(Next Suisun City Council Acting as Successor Agency Res. No. SA2023 - 06) (Next Housing Authority Res. No. HA2023 – 03)

ROLL CALL
Mayor Hernandez called the meeting to order at 6:33 pm with the following Council Members present:

PRESENT: Dawson, Hernandez, Osum, Pal, Washington
ABSENT: None
Pledge of Allegiance was led by Dawn Witherspoon with the Chief Solano Chapter, National Daughters of the American Revolution.

Invocation was given by Deputy City Manager Kris Lofthus.

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.) 184

City Attorney Gerli explained Council Member Pal had a conflict with Items 6 and 13.

REPORTS (Informational items only.)

1 Deputy City Manager Update – (Lofthus: [email protected]). • 10/4 Waterfront Fest
• 10/14 Cruise and car show
• 10/28 El Dia de Los Muertos, tickets available on Eventbrite

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

2 Presentation of Proclamation Proclaiming September 17 through 23, 2023 as "Constitution Week" in Suisun City - (Hernandez: [email protected]).

Proclamation read by Mayor Hernandez and presented by Council Member Osum to Dawn Witherspoon, Regent Chief Solano Chapter National Daughters of the American Revolution.

Ms. Witherspoon thanked Council and gave a brief history of the Constitution. Mayor Hernandez gave brief comments on the DAR.

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.)

George Guynn commented on closed session meetings; hopes there will be better situations in the future; opportunities for revenue.

Steve Olry stated this was third request for emergency siren; spoke on illegal fireworks, homeless camps; threats of future law suits; citizens that attend meetings don’t represent majority of residents; asked who leaked info on City Manager to the Daily Republic.

Donna LeBlanc stated on 9/23 from 9-Noon is Coastal Cleanup Day; sidewalk repairs at 812-814 Bering Way done by Public Works are already crumbling; asked how is it truly supposed to be repaired.

Richard Herrod spoke about Fish and Game regulation #2016 regarding trespassing; trespassing on the corner of Sunset and Railroad by the homeless; Pickering property cleanup, at their expense, is not done yet; no parking vehicles over 8’ high on Fulmar Street.

John Harter commented on Main Street repaving and striping looks great; Council made awful decision in letting City Manager Folsom go.

James Berg spoke about the Coastal cleanup; applauds City Council for ending City Manager’s tenure; Daily Republic article unprofessional and done out of procedure; spoke about City Manager’s severance package.

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George (no last name) commented on Main Street and other streets in Old Town also need paving especially with new development on School Street ; thanked Council for removal of Mr. Folsom ; not enough revenue coming in and a lot expenses going out; gate left open on Webster S treet by the track allowing access into Suisun and city needs to make sure it stays locked.

Rhonda Platenburg audio muted on her side.

Lito Santos spoke about the city manager administrative leave and hopes moving forward situation can be resolved quickly; also spoke about the Neighborhood Watch Program.

Aryonne Marshall commented on the Micro Transit which was a failed experiment for her daughter; costumer service is bad, asked to have schedule adjusted by 5 minutes for micro transit/school tripper.

COUNCIL COMMENTS

3 Council/Board Member Updates.

Council Member Dawson thanked the F ire Dept for allowing her to join them for the search and rescue training; amazing fast knock down of the fire on Walters Road.

Council Member Pal echoed Council Member Dawson’s comments; commented on complaints left on Next Door or Facebook apps are not seen by council, urged residents to use new city app or contact council members directly; thanked Mr. Lofthus and Mr. Vue for the quick response regarding a sidewalk and city tree issue; spoke on issue received from a resident regarding the school tripper getting full and kids getting left behind.

Council Member Osum
commented he has received the list of city and housing owned property and can use it in the master plan and promote city; thanked Fire Department and employees for their excellent service; commitment of city to get employees paid on time.

Vice Mayor Washington had no comments.

Mayor Hernandez spoke on public comments regarding closed session and asked City Attorney Gerli for a formal review; spoke on public comment regarding where she lives and who she lives with; speeding on Mayfield Circle and referred issue to Traffic Safety C ommittee; previous comments regarding stray cats and lack of spaying opportunities, spoke with Fairfield’s Mayor Moy to work on issue together; Fairfield Suisun Sewer District community event this Saturday, more info at fssd.com; met with Executive Director of Shelter S olano on how their model works; met with P roperty Manager of Heritage Shopping Center regarding safety and will have an update soon; attended the Travis AFB gala along with Council Members Dawson, Osum, Washington to show city is committed to them; S olano Irrigation D epartment’s 75th celebration; limited as to what can be said about City Manager.

GENERAL BUSINESS

City Council

4 Discussion and Adoption of Resolution No. 2023 -130: A Resolution of the City Council of the City of Suisun City Appointing an Acting City Manager - (City Attorney).

City Attorney Gerli presented staff report and corrections/update to the resolution in Paragraphs 4 and 5. 186

Mayor Hernandez stated that the City Council gave direction to appoint Police Chief Aaron Roth as the Acting City Manager and he has accepted.

Council Members Pal and Osum asked clarifying questions which Attorney Gerli responded to.

PUBLIC COMMENTS
George Guynn commented on his surprise that Deputy City Manager Lofthus was not selected and would be interested in why Chief Roth was.

George (no last name) concerned the city won’t have a police chief; suggested that it be put in charter that City Manager live in the city; we are a small city and need to take another look at the salary range; should do audit to see where money is going.

James Berg commented that the Police Chief selection will be a fatal move for the city; assurance that he is not looking to leave for Benicia; should have someone from Suisun City; audit needed.

Michelle Chavez asked if we could continue to receive reports on problem properties as we have in the past.

Steve Olry echoes previous speakers; need audit; demand Mr. Folsom comes back and finishes out his contract.

Lito Santos supports the appointment of Chief Roth as City Manager and that he has good leadership.

Continued Council discussion.

Motion by Council Member Dawson and seconded by Vice Mayor Washington to appoint Police Chief Roth with corrections to resolution as stated by the city attorney. Motion passed by the following vote:

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

Chief Roth stated he was humbled by appointed and excited to work with council and staff in keeping the city moving forward.

5 Discussion and Direction for Issuance of a Request for Proposal (RFP) for City Attorney Services - (Lofthus: [email protected]
).

Council Member Pal asked to postpone this item until end of December/January until new City Manager is appointed.

Attorney Gerli presented the council with options on how to proceed with the agenda item.

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Motion by Council Member Pal to postpone the item to December or January until new full time city manager is appointed. Motion seconded by Vice Mayor Washington.

PUBLIC COMMENTS
George Guynn
voiced concerns about current attorney flying back and forth and the additional costs to the city; if you don’t look you don’t know what’s out there.

James Berg commented that 2024 was an election year and concerned with timing if item is pushed to December.

Michelle Chavez commented she is looking forward to the future staff report.

Motion passed by the following vote:

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

6 Council Consideration and Introduction of Ordinance No. 804: An Ordinance of the City Council of the City of Suisun City Repealing and Replacing Chapter 8.08 (Solid Wastes) of Title 8 (Health & Safety) of the Suisun City Municipal Code - (City Attorney).

Council Member Pal left the dais at 8:03 pm due to conflict.

Attorney Gerli presented staff report and power point.

Vice Mayor Washington left the dais at 8:06 pm and returned at 8:09 pm

Discussion on enforcement, public education, associated fees, engagement with other jurisdictions and additional code enforcement officers.

PUBLIC COMMENTS
Donna LeBlanc commented on P age 188 of packet, Section 8.08.116 S elf Disposal does not allow for third party junk haulers; asked consideration be given to allow them considering the high costs of dump fees and rental of dumpsters; it would also lessen the illegal dumping.

Tom LeBlanc page 183 that it does not refer to single family but commercial; also there is no code for single family trash cans being left out.

James Berg asked is the city going to lead the way especially for the downtown area; renegotiat e the residential dumping fees.

Michelle Chavez echoes previous speakers; education for the public is needed; thank you for the hard work by the ad hoc.

Richard Herrod thanked the ad hoc; homeless have destroyed the canal and how is going to be responsible for environmental testing of the property.

188
Council discussion for consensus items:
• Provide a compliance grace period of 12 months for enclosures with an opportunity to address any hardships at the 6-month mark.
• Refrain from enforcing compliance of new Resolution for up to 6 months to allow staff time to provide education and outreach first.
• Clarify code language for single family residence trash receptacles on location receptacles should be stored.
• NOT add language limiting receptacles left outside for more than 24hrs.

Motion by Council Member Dawson to introduce ordinance and seconded by Vice Mayor Washington. Motion passed by the following vote:

AYES: Dawson, Hernandez, Osum, Washington
NOES: None
ABSENT: Pal (Due to Conflict of Interest)

Council Member Pal returned to the dais at 8:52 pm.

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

City Council

7 Council Adoption of Resolution No. 2023-131: Authorizing the City Manager to Enter into a Construction Contract on the City’s Behalf with Villalobos & Associates for the Rectangular Rapid Flashing Beacons Project - (Vue: [email protected]). 8 Council Adoption of Resolution No. 2023-132: Authorizing the City Manager to Enter into a Construction Contract on the City’s Behalf with GradeTech, Inc. for the Green Stormwater Infrastructure Project - (Vue: [email protected]
).
9 Council Adoption of Resolution No. 2023-133: Authorizing the City Manager or Deputy City Manager to Enter into a Joint Use Agreement with the Fairfield-Suisun Unified School District. - (Lofthus: [email protected])

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

10 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 September 5, 2023 and September 12, 2023; the City Council/Pla nning Commission meeting held on August 29, 2023; and the Joint City Council/Suisun City Historic Waterfront Business Improvement District Meeting held on September 12, 2023 – (Skinner:
[email protected]
).

Joint City Council / Suisun City Council Acting as Successor Agency

11 Council/Agency Approval of August 2023 Payroll Warrants in the Amount of $690,859.43 and Council/Agency Approval of the August 2023 Accounts Payable Warrants in the Amount of $6,046,602.49 - (Finance).

189

PUBLIC COMMENTS
Item #8
Michelle Chavez spoke on the upkeep of Humphrey Canal.

Item #9
George Guynn
commented the agreement was a good thing.

Item #11
George Guynn commented on the costs of CIP, field supplies and yearly totals and how high the numbers were on these warrants.

James Berg questioned why this item is listed on the agenda put why it is not provided in packet.

Steve Olry commented on $6mil accounts payable with no details in the packet; what does it cover and where does the money come from?

Mayor Hernandez explained city’s multiple funding and it is not all General Fund monies.

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

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

PUBLIC HEARING

Housing Authority

12 Housing Authority Adoption of Resolution No. HA 2023-03: Approving Submittal of the 5- Year Public Housing Agency Plan for 2020 -2024, and Authorizing the Executive Director to Execute Certification. - (Goltiao: [email protected]
)

Housing Manager Goltiao presented the staff report and stated there were no verbal or written comments received by the public.

Mayor Hernandez opened the Public Hearing.

Michelle Chavez asked the status of the Marina Apts; website states waiting list is closed and asked for clarification; asked if there was a list of affordable housing availability.

Public Hearing closed.

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

Mr. Goltiao responded to questions explaining the John Stewart Company is in charge of the M arina Apts; waiting list closed in Nov 2022 with 4000 applications; docs at Housing O ffice for affordable housing information.

190
Motion by Vice Mayor Washington to approve Item 12 and seconded by Council Member Dawson.

Motion passed by the following vote:

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

City Council

13 Council Consideration and Introduction of Ordinance No. 805: An Ordinance of the City Council of the City of Suisun City Amending Title 18 (Zoning) of the Suisun City Municipal Code Modifying the Fences and Walls Regulations (Continued from September 5, 2023) - (Bermudez: [email protected]
).

Council Member Pal left the dais at 9:27 pm due to conflict.

Development Services Director Bermudez presented the staff report and power point.

Mayor Hernandez opened the Public Hearing.

George Guynn commented there are numerous code violat ions that are not being enforced; more effort needs to be made on enforcement.

Donna LeBlanc commented she is not in favor of chain link fences; ordinance didn’t list vinyl panels, asked about permit requirement for fence replacement; clarification for 3’ side yard fencing.

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

Mr. Bermudez responded to questions.

Motion by Vice Mayor Washington to introduce ordinance and seconded by Council Member Dawson. Motion passed by the following vote:

AYES: Dawson, Hernandez, Osum, Washington
NOES: None
ABSENT: Pal (Due to Conflict of Interest)

REPORTS: (Informational items only)

14 Non-Discussion Items.

ADJOURNMENT
09:48:20 PM (03:25:53)
There being no further business the meeting was adjourned at 9:48 pm.

__________________________
Anita Skinner, City Clerk

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AGENDA ITEM NO. 13

AGENDA TRANSMITTAL

MEETING DATE:

October
3, 2023

CITY AGENDA ITEM:

Council Consideration and Introduction of Ordinance No.- ___: An Ordinance of the City Council of the City of Suisun City Repealing and Replacing Chapter 8.12 (Public Nuisances) to Title 8 (Health and Safety) of the Suisun City Municipal Code.

FISCAL IMPACT:

Unknown at this time; increased costs related to enforcement will depend on policy direction. The ordinance provides for cost recovery.

STRATEGIC PLAN:

Provide Good Governance.

BACKGROUND:

Early in 2023, the Mayor appointed Councilmember Dawson and then- Councilmember Hudson to the Illegal Dumping and Trash Ad Hoc Committee. The committee met with department heads and the City Attorney to address ways in which the City could strengthen its Municipal Code to minimize the impact of illegal dumping and accumulation of trash throughout the City. Based on the ad hoc committee’s recommendations, among other measures, the City Council directed that Chapter 8.12 of the Suisun City Municipal Code, which provides for the abatement of public nuisances, be updated and clarified.

The current public nuisance abatement ordinance merges public nuisance abatement and weed abatement and does not have clear procedural requirements. The proposed ordinance is more in line with modern public nuisance abatement ordinances and includes clear procedures to guide both staff and the public. Chapter 8.12 has been completely overhauled, therefore no redline is included.

STAFF REPORT:

The City has the authority to abate public nuisances (including weeds and rubbish abatement) pursuant to its police power and state law.

Sections 36901, 38771, and 38773.5(a) of the Government Code authorize the City to enact ordinances declaring what constitutes a public nuisance and the procedures for abating nuisance conditions, as well as providing for the recovery of costs and attorney’s fees to abate the nuisance and for the collection of civil penalties. The City must have a public nuisance abatement ordinance and follow its procedures in order to secure the right to recover its costs in enforcing the ordinance.

Nuisances can also be abated pursuant to Civil Code Section 3479 et seq. Civil Code Section 3480 defines a public nuisance as “one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.” When a legislative body has declared an act or condition to be a nuisance, the act or condition becomes a nuisance per se. (Gov’t Code § 38771, Beck Dev. Co. v. Southern Pac.

Transp. Co. (1996) 44 CA4th 1160, 1206.) A cause of action based on nuisance per se requires only that the offending condition in fact exists; no independent assessment of the danger caused by the violation is required. (City of Bakersfield v. Miller (1966) 64 C2d 93, 100 (hotel in violation of building code); City of Corona v. Naulls (2008) 166 CA4th 418, 425 (medical marijuana dispensary's operation as nonpermitted, nonconforming use); City of Costa Mesa v. Soffer (1992) 11 CA4th 378, 385 (vehicle abatement).
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The proposed ordinance provides that violations of building, housing, and related codes or improper property maintenance resulting in substandard conditions are public nuisances. Additionally, the City, along with all municipalities, has adopted by reference the California Building Code, the California Fire Code, and the other model codes adopted as part of the California Building Standards Code (California Building Standards Commission published in Title 24 of the California Code of Regulations), along with any local amendments. Health & Safety Code Sections 17922 and 17958 also specify certain violations that constitute public nuisances.

The proposed updated ordinance is organized as follows:

Article I: Nuisances Declared
Article II: Public Nuisance Abatement; Weed and Rubbish Abatement Article III: Cost Recovery; Penalties
Article IV: Appeals; Judicial Review; Severability
Article V: Definitions

1. Nuisance Declared.

The updated ordinance makes violation of any municipal code provision or any emergency order a public nuisance.

Property maintenance. The proposed ordinance declares it is unlawful for a responsible party to maintain real property in a condition that constitutes a public nuisance and includes an exhaustive list of conditions that are nuisances per se. Some examples include provisions relating to the maintenance of buildings and structures, disposal of hazardous waste and human/animal waste, landscaping and vegetation, graffiti, safety hazards, accumulation of debris, furniture, etc., encroachments, sewage spills, vehicle parts, and illegally parked RV and campers.

Additional public nuisances include but are not limited to the following: obstructing public passageways; breach of the peace; interference with the right of assembly; public excretion; swimming in canals; and motor vehicle racing.

Vacant residential, commercial, and industrial buildings and surrounding yards must be maintained, actively monitored, and secured, or will be considered blighted and a nuisance subject to abatement.

Vacant properties may be required to submit a Vacant Property Plan for approval by the City Manager to ensure that the property doesn’t fall into disrepair or become home to squatters.

Noise regulations are included as their own section. These regulations remain largely unchanged from the current code.

2. Public Nuisance Abatement; Weeds and Rubbish Abatement.

When an enforcement official determines that conditions constitute a public nuisance, notice is given to the responsible party in the form of a Declaration of Public Nuisance and Order to Comply, which specifies the violations and relevant code sections.

The responsible party must be provided a reasonable time to correct the nuisance based on the nature of the violation.

If no appeal has been filed and the nuisance has not been abated, the City may obtain an abatement warrant and thereafter may legally enter the property.

If an appeal has been filed and there has been a determination that abatement or removal is proper, but the responsible party has failed to take action to remedy the nuisance, the City may 194
obtain an abatement warrant and thereafter may legally enter the property.

Abatement of dangerous building conditions may be conducted in accordance with the Uniform Code.

Abatement of inoperative vehicles is to be conducted in accordance with Chapter 10.36 of the Suisun City Municipal Code.

Abatement of weeds and rubbish is to be conducted in accordance with Gov’t Code Section 39560.

Whether the abatement is conducted by a contractor or the city, an account of costs is to be maintained and an itemized report is prepared and verified by the enforcement official.

The City Manager may adopt supplemental rules and regulations to aid in the enforcement of the ordinance.

3. Cost Recovery; Penalties.

To combat the substantial resources and costs associated with enforcing the Suisun City Municipal Code and State laws, this article permits the city to shift these costs to the person responsible for the violation, including attorney fees, and details the procedures used to recover the costs. Initial invoices may be recorded and once paid in full, a notice of satisfaction shall similarly be recorded. Notice shall be provided, and unpaid penalties shall be promptly recorded with a notice of special assessment or lien which can be collected in the same manner as municipal taxes and are subject to the same penalties, procedures, and foreclosure.

The proposed ordinance also includes a list of local and state law authorities of which the City can avail itself and articulates that violations are strict liability offenses and that remedies are not exclusive of each other.

4. Appeals; Judicial Review; Severability.

Appeals must: (1) be in writing; (2) state the basis for appeal with sufficient specificity; (3) include the name, address, and telephone number of the person filing; (4) be received by the City Clerk within 15 days from the date of notice; (5) and be heard by a hearing officer appointed by the City Manager. Appeals based on an abatement order generally occur prior to abatement unless the nuisance presents an immediate danger. Decisions must be in writing and issued within 15 days of the hearing; decisions are final and a copy must be provided to the appellant. Judicial review may be had by filing a petition for a writ of mandate within 90 days after the decision is finalized.

5. Definitions.

The Definition section would be updated to include terms used throughout the chapter.

Clear definitions provide guidance to staff and the public and make the ordinance simpler to follow.

Provisions that were kept from the current code include nuisances per se relating to property maintenance (these were expanded), weed abatement, noise regulations, treble damages, and fire suppression cost recovery for the Fire Department.

STAFF RECOMMENDATION:

It is recommended that the City Council Consider and Introduce Ordinance No. __: An Ordinance of the City Council of the City of Suisun City Repealing and Replacing Chapter 8.12 (Public Nuisances) to Title 8 (Health and Safety) of the Suisun City Municipal Code.

DOCUMENTS ATTACHED:
1 .

Ordinance No.__: An Ordinance of the City Council of the City of Suisun City Repealing and Replacing Chapter 8.12 (Public Nuisances) to Title 8 (Health and Safety) of the Suisun City Municipal Code.
195
2 .

PowerPoint Presentation.

PREPARED BY:

Elena Gerli, City Attorney
REVIEWED BY:

Aaron Roth, Acting City Manager/Chief of Police
APPROVED BY:

Aaron Roth, Acting City Manager/Chief of Police

ATTACHMENTS:

1. Ordinance Repealing
and Replacing Ch. 8.12 (Public Nuisances) to Title 8 (Health and Safety).pdf

2. PowerPoint Presentation.pdf
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ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY REPEALING AND REPLACING CHAPTER 8.12 (PUBLIC NUISANCES) TO TITLE 8 (HEALTH AND SAFETY) OF THE SUISUN CITY MUNICIPAL CODE
WHEREAS, the City of Suisun City has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City, Cal. Const. Art. XI, section 7.

WHEREAS, the City Council of the City of Suisun City finds that certain conditions constitute a public nuisance and are a threat to the public peace, safety, and welfare of the City.

WHEREAS, by declaring that violations of the Suisun City Municipal Code constitute a public nuisance, the City Council has determined that violations of the City’s laws constitute a threat to the public health, safety, and welfare.

WHEREAS, Sections 36901, 38771 and 38773.5(a) of the Government Code authorize the City to enact ordinances declaring what constitutes a public nuisance and the procedures for abating nuisance conditions, as well as providing for the recovery of costs and attorney fees to abate the nuisance and for the collection of civil penalties.

WHEREAS, Chapter 13 of Part 2 of Division 3 of Title 4 of the California Government Code, beginning with Section 39501, authorizes local procedures for weed abatement.

WHEREAS, the City Council finds that ensuring compliance with the Suisun City Municipal Code and other regulations is vital to the protection of the public’s health, safety, and quality of life throughout the City, and is an important public service.

WHEREAS, the City Council desires to enhance and promote the maintenance of property and the enhancement of the livability, appearance, and the social and economic conditions of the community.

WHEREAS, the City Council f inds that an effective code compliance program eliminates and prevents the spread of blight, deterioration and crime, makes neighborhoods safer and more livable, and promotes economic development and pride in the community.

WHEREAS, the City Council recognizes that an effective code compliance program requires the drafting and adoption of regulations that can be effectively applied by City personnel in a fair and expedient manner.

WHEREAS, the City Council has determined that it is in the public interest to adopt this ordinance, which expressly declares that any and all violations of the Suisun City Municipal Code constitute public nuisances, in order to facilitate the City’s ability to pro tect the health, safety, and general welfare of the public through the use of the nuisance abatement procedures set forth in the Suisun City Municipal Code and in other applicable laws, rules and regulations.

WHEREAS, the City Council has an interest in maintaining the City of Suisun City in an orderly and esthetically pleasing condition, to keep property values in line with neighboring communities and to improve the quality of life for its residents, businesses, and visitors. 197

Adopted

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Suisun City City CouncilOctober 3, 2023

Suisun City City Council
October 3, 2023