Agenda packet — Suisun City City Council, November 7, 2023 (part 4 of 4)

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A. After considering all of the testimony and evidence submitted at the hearing, the hearing board officer shall, based on a preponderance of the evidence, issue a written decision to uphold or cancel sustain or overturn the administrative citation fine and the reason for that decision. The decision of the hearing board shall be issued within thirty 15 calendar days following of the completion of the hearing, and shall include findings of fact and conclusions of law. The hearing boardofficer shall issue written findings on each violation. The findings shall be supported by evidence received at the hearing. The decision of the hearing board shall be final upon service on the responsible party, subject only to judicial review as allowed by law.

B. Within ten days following the conclusion of the hearing, the hearing board shall make findings and issue a decision regarding:1.The existence of the violation; and2.The extent of compliance with the order.

C. The hearing board shall issue written findings on each violation. The findings shall be supported by evidence received at the hearing.

D. If the hearing board determines from a preponderance of the evidence that the contestant committed the violation charged in the administrative citation, the amount assessed by the hearing board shall become debt to the city collectable through the process provided herein. The amount deposited with the city pursuant to Section 1.20.070 shall be applied to the amount assessed by the hearing board. Any excess shall be refunded.

BE. If the hearing board officer determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the hearing officer board shall set forth in the decision a payment schedule for the fine.

CF. If the hearing board officer determines that the administrative citation fine should not be sustainedoverturned, the city shall, within ten 10 calendar days of the rulingdecision, refund the amount of the deposited administrative penalty.

DG. The recipient of the administrative citation shall be served with a copy of the hearing board’s written decision within ten 5 calendar days following itsof issuance.

F. The decision of the hearing officer shall be final upon service on the responsible party, subject only to judicial review pursuant to Section 53069.4 of the Government Code. The hearing officer’s decision shall provide notice of this right of judicial review and the time allowed therefore by law.
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GH. The employment, performance evaluation, compensation and benefits of the hearing board officer shall not be directly or indirectly conditioned upon the amount of the administrative citation fines and other penalties upheld by the hearing boardofficer.

1.20.120 -– Collection of aAdministrative penalties.

A. The hearing board may impose administrative penalties and any other penalties adopted by council resolution in effect on the date when the violation occurred.

B. Administrative fines and other penalties sustained by the hearing board officer are a debt owed to the city and in addition to all other means of enforcement, if the violation concerns the condition of real property, may be enforced by means of a lien against the real property on which the violation occurred in accordance with Section 1.20.170. Failure to pay administrative penalties within the time allowed under this chapter shall constitute a violation of this code punishable as a misdemeanor, and, upon conviction thereof, shall be punishable as provided in Section 1.08.020 of this code.

1.20.130 - Administrative costs.

A. The hearing board officer may assess administrative costs against the violator person found responsible for the violation when the hearing board determines that a violation has occurredthey sustain the administrative fine and that compliance was not achieved by the date of commencement of hearing.

B. Administrative costs may include any and all costs incurred by the city (both direct and indirect costs) in investigating and commencing administrative proceedings for the violation as well as any and all costs incurred by the city in connection with the hearing before the hearing board , including, but not limited to, cost of the enforcement officer incurred in preparation for the hearing and participating in the hearing itself and costs of the city to conduct the hearing. Failure to pay administrative c osts in the amount specified in the administrative hearing board’s officer’s decision on or before the date specified in that decision shall constitute a violation of this code punishable as a misdemeanor and shall further be subject to collection as otherwise provided for administrative penalties hereinmay be collected in the same manner as delinquent fines.

1.20.140 - Failure to pay administrative penalties and costs.

Failure to pay the assessed administrative penalties and/or administrative costs specified in a hearing board’s decision may be enforced as:
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A. A personal obligation of the violatorperson found responsible for the violation; and/or
B. If the violation is in connection with real property, a lien upon the real property in accordance with Section 1.20.170, which shall remain in effect until all of the administrative penalties, interests, and administrative costs are paid in full.; and/or C. A criminal misdemeanor.

1.20.150 - Judicial review.

Any person subject to a decision of the hearing board officer may obtain review of the decision in the appropriate court pursuant to the provisions of California Government Code Section 53069.4. The administrative order shall provide notice of this right of judicial review and the time allowed therefore by law.

1.20.160 - Collection of administrative penalties.

The city may collect the amount the assessed administrative penalties and administrative costs by use of all available legal means, including recording of a lien pursuant to the provisions of this chapter.

1.20.170 - Lien procedure.

A. Whenever the amount of any administrative penalty and/or administrative cost imposed pursuant to this chapter in connection with real property has not been satisfied in full within ninety 90 days , unless tolled by a timely request for judicial review pursuant to Government Code Section 53069.4 or reversed by court order, this obligation may constitute a lien against any real property involved where any violation was determined to concern the condition of that real property, or as a special assessment against the property where the code violation occurred.

B. Prior to recording any such lien, tThe finance director or designee shall prepare and file with the city clerk a report stating the amounts due and owing. The city clerk shall fix a time, date, and place for the city council to hearing such report and any protests or objections thereto by the city council.

CF. The finance director or designee shall cause written notice to be served on each property owner whose interest is disclosed by the current county equalized assessment roll not less than ten calendar10 days prior to the time set for the hearing. 509

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D. The lien provided herein shall have no force and effect until recorded with the county auditor. Once recorded, the lien shall have the force and effect and priority of a judgment lien governed by the provisions of Section 697.340 of the California Code of Civil Procedure and may be extended as provided in Sections 683.110 through 683.220 of the California Code of Civil Pro cedure.after the administrative penalty and/or administrative cost imposition becomes final, this obligation may constitute a lien agains t any real property involved where any violation was determined to concern the condition of that real property, or special assessment against the property where a property-related code violation occurred.

B. Once recorded, the administrative order shall have the force and effect and priority of a judgment lien governed by the provisions of Section 697.340 of the California Code of Civil Procedure and may be extended as provided in Sections 683.110 through 683.200 of the California Code of Civil Procedure.

EC. Interest shall accrue on the principal amount of the judgment remaining unsatisfied pursuant to law.

D. Prior to recording any such lien, the finance director or designee shall prepare and file with the city clerk a report stating the amounts due and owing.

E. The city clerk shall fix a time, date and place for hearing such report and any protests or objections thereto by the city council.

F. The finance director or designee shall cause written notice to be served on each property owner whose interest is disclosed by the current county equalized assessment roll not less than ten calendar days prior to the time set for the hearing.

1.20.180 - Public hearing and protests of proposed liens.

A. Any person owning a legal or equitable interest in real property proposed to be subject to a lien pursuant to Section 1.20.170 may file a written protest with the city clerk and/or may protest orally at the city council hearing.

B. Each written protest or objection must contain a description of the property in which the protesting party has a legal or equitable interest and the grounds of such protest or objection. The grounds for protest or objection, and any evidence or testimony s ubmitted in support or in opposition to the imposition of a lien, shall be confined to whether the amount of any administrative penalty and/or administrative cost imposed was satisfied in full within the time allowed by law and/or successfully challenged by a timely writ of mandate. 510

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C. The city council, after the hearing, shall adopt a resolution confirming, discharging, or modifying the amount of lien based upon evidence produced at the hearing.

1.20.190 - Recording of lien.

Thirty calendar days following the adoption of a resolution by the city council imposing a lien, the finance director or designee shall file a certified copy of the cost report with the Solano County auditor. The finance director or designee shall request the auditor to enter each assessment on the Solano County tax roll and collect the amount of the asse ssment at the time and in the manner of ordinary municipal taxes. The lien may carry such additional administrative charges as set forth by resolution of the city council.

1.20.200 Personal obligation.

Any costs or penalties subject to collection under this chapter may be recovered as a personal obligation against the responsible party and may be referred to a collection agency or the City Attorney’s Office for collection. Upon referral of these costs an d obligations, the collection agency and the City Attorney’s Office may seek collection through any legal means provided to them, including judicial action. Nothing in this section shall be affected by or affect the city’s use of any other procedure provided in this chapter or by law to collect unpaid costs and penalties.

SECTION 4. Section 5.04.460 (Violations and Penalties) of Article VII (Enforcement) of Chapter 5.04 (Business Licenses Generally) of Title 5 (Business Taxes, Licenses and Regulations) is amended to read:

A. Any person, firm, corporation or other entity violating any provisions of this title shall be guilty of an infraction punishable pursuant to Chapter 1.08 . Any failure to obtain the proper permits and licenses for a period of one day after being cited under this chapter, including each additional one-day period thereafter, shall be an additional violation subject to the same penalties set forth in this sectionEach day of a violation of this chapter shall be deemed a new violation.

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

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

2. A fine not exceeding two hundred dollars for a second conviction of a violation of this chapter within one year; and
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3. A fine not exceeding five hundred dollars for a third or subsequent conviction within one year.

C. AIn addition to the punishment set forth in this section, a ny person guilty of a violation of this chapter shall be liable for such costs, expenses and disbursements paid or incurred by the city in correction abatement and prosecution of the violation.

SECTION 5: Section 5.16.240 (Violation—Penalty) of Chapter 5.16 (Pawnbrokers, Secondhand Dealers And Junk Dealers) of Title 5 (Business Taxes, Licenses and Regulations) is amended to read:

Whenever in this chapter any act is prohibited or made or declared to be unlawful or an offense, or the doing of any act is required, or the failure to do any act if forbidden or declared unlawful, the violation of any such provision of this chapter is an infraction punishable by a fine not exceeding five hundred dollars . Every day any violation of this chapter continues constitutes a separate offense.

SECTION 6: Section 6.07.040 (B) ( Enforcement and penalties ) of Chapter 6.07 (Dangerous Animals) of Title 6 (Animals) is amended to read:

B. Violations and Penalties. Any violation of this chapter involving a dangerous animal shall be a misdemeanor punishable by a fine not to exceed one thousand dollars in accordance with Chapter 1.08.

SECTION 7: Subsection (U) of Section 8.04.050 (Safe and Sane Fireworks) of Chapter

8.04 (Fireworks) of Title 8 (Health and Safety) is amended to read:

U. Administrative Fines and Penalties

1. This chapter authorizes the imposition of administrative fines on any person who violates any provision of this chapter in order to encourage and obtain compliance with the provisions of this chapter for the benefit and protection of the entire community.

2. The issuance of citations, imposing administrative fines, right to appeal, and the right for an administrative hearing shall be performed in accordance with chapter 1.20.

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defined in California Health and Safety Code Section 12500 et seq. on or at dates, times and/or locations other than those permitted by this chapter. Said administrative fines are imposed under authority of Government Code Section 53069.4, Health and Safet y Code Section 12557, and the police power of the city.

4. Administrative Fines. Each person who violates any provision of this code as it relates to the possession, use, storage, sale and/or display of “dangerous fireworks” shall be subject to the imposition and payment of an administrative fine or fines as provided below as set by city council resolution.:

Number of Offense in
One-Year Period
Amount of Administrative
Penalty
Late
Charge
Total Amount of Penalty
plus Late Charge
First $250.00 $50.00 $300.00
Second $500.00 $100.00 $600.00
Third $750.00 $200.00 $950.00

5. Payment of the administrative fine shall not excuse or discharge a citee from the duty to immediately abate and correct a violation of this chapter, nor from any other responsibility or legal consequences for a continuation or a repeated occurrence(s) of a violation of this chapter.

6. Because of the serious threat of fire or injury posed by the use of dangerous fireworks” that can result from persistent or repeated failures to comply with the provisions of this code and the effect of such conditions or activities on the safety and the use and enjoyment of surrounding properties and to the public health, safety and welfare, this chapter imposes strict Number of Offense
in One-Year Period
Amount of
Administrative Penalty
Late Charge Total Amount of
Penalty
plus Late Charge
First $500.00 $150.00 $650.00
Second $750.00 $250.00 $1,000.00
Third $1,000.00 $500.00 $1,500.00
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civil liability upon the owners of residential real property for all violations of this code existing on their residential real property.

7. Issuance of Administrative Citation-Contents. Whenever an enforcement officer (EO) determines that a violation of the code has occurred, the EO shall issue an administrative citation in compliance with the requirements of chapter 1.20.

SECTION 8: Subsection (E) of Section 8.10.150 (Enforcement) of Chapter 8.10 (Specific Regulations for Organic Waste Disposal Reduction, Recycling, and Solid Waste Collection and Recycling Programs) of Title 8 (Health and Safety) is amended to read:

E. Penalty Amounts for Types of Violations. The penalty levels for city -issued notices of violation are as follows:

1. For a first violation, the amount of the base penalty shall be $50.00 per violation.

2. For a second violation, the amount of the base penalty shall be $100.00 per violation.

3. For a third or subsequent violation, the amount of the base penalty shall be $250.00 per violationshall be set by city council resolution.

SECTION 9: Subsection (F) of Section 9.16.010 (Juvenile curfew) of the Chapter 9.16 (Curfew for Minors) of Title 9 (Public Peace, Morals and Welfare) is amended to read:

F. Penalties and Fines.

1. Violation of any portion of this section shall constitute an infraction punishable by a fine not to exceed one hundred dollars for the first violation, a fine not to exceed two hundred dollars for the second violation within one year and a fine not to exceed five hundred dollars for each additional violation within one year . There shall be a separate infraction for each day on which a violation occurs. The city shall furnish notice of any citation for an infraction under this section to the parent or leg al guardian of the minor who committed the infraction. The fines imposed under this section shall not be invalidated in the event that the minor's parent or legal guardian does not receive or was not sent notice of the citation or the fines associated therewith.

2. In addition to the fines listed in subsection (F)(1) of this section, the city may recover administrative and transportation costs from parents or guardians of juvenile offenders who violate this section consistent with the provisions of California Welfare and Institutions Code Section 625.5 and in the amounts established in the city's master fee schedule. 514

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3. Enforcement pursuant to this section shall be undertaken by the city of Suisun City through its police department and the city attorney.

SECTION 10: Section 9.21.040 (Administrative Fines) of Chapter 9.21 (Social Hosts) of Title 9 (Public Peace, Morals and Welfare) is amended to read:

In addition to any and all other costs, fees, penalties and expenses which may be assessed or imposed as a result of a violation of this chapter, any person who violates any provision of this chapter shall be liable and responsible for, and shall pay to th e city an administrative fine of $1,000.00in an amount set by city council resolution.

SECTION 11: Subsection (B) of Section 9.28.080 (Abandoned carts) of Chapter 9.28 (Shopping Carts) of Title 9 (Public Peace, Morals and Welfare) is amended to read:

B. Administrative Costs and Fines.

1. Any owner that fails to retrieve any abandoned cart after receiving the notice by the city shall pay the administrative fees established in the city ’s master fee schedule for providing notice to the owner and for retrieving and storing the cart.

2. Any owner that fails to retrieve an abandoned cart within three days of receiving the notice in accordance with this article in excess of three times during a specified six -month period shall be subject to the fine established in the city's master fee schedule for each occurrencean administrative fine pursuant to Chapter 1.20 . An occurrence includes all carts owned by the owner that are impounded by the city in a one -day period. This fine shall be in addition to any other fees or costs that are due pursuant to the city ’s master fee schedule, and shall not be exclusive of any other remedies or penalties available to the city.

SECTION 1 2: Section 12.12.090 (Prohibitions on smoking at city parks and recreational areas ) of Chapter 12.12 (Parks and Recreation Facilities) of Title 12 (Streets, Sidewalks and Public Places) is amended to read:

A1. No person shall smoke a cigarette, cigar, pipe, electronic smoking device, or any other combustible substance within a city park or recreational area except in a designated area, or dispose of a lighted or unlighted cigarette, cigar, pipe, or any other combustible substance or tobacco-related waste within a park, marina waters or recreational facility, except in an ashtray or other device designated for such disposal.

B2. Tot lot sandbox areas or playgrounds as defined in California Health and Safety Code Section 104495, shall remain governed by said Section 104495 as well as by this section. 515

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C3. Any person who violates this section is guilty of an infraction and shall be punished by a fine of $250.00 for each violation of this section , in accordance with Chapter

1.08. Punishment under this section shall not preclude punishment pursuant to Health and Safety Code Section 104495, as well as Section 13002, Section 374.4 of the Penal Code, or any other provision of state law.

SECTION 13: Section 12.24.050 (Violations) of Chapter 12.24 (Camping on Public Property) of Title 12 (Parks and Recreation Facilities) of Title 12 (Streets, Sidewalks and Public Places) is amended to read:

The first violation of this chapter shall be an infraction punishable by a fine not exceeding $50.00. The second and each subsequent violation of this chapter within a one -year period, may be prosecuted as a misdemeanor, punishable by a fine not exceeding $1,000.00 or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonmentin accordance with Chapter 1.08.

SECTION 14: Section 12.32.120 (Violations) of Chapter 12.32 (Special Events Permit) of Title 12 (Streets, Sidewalks and Public Places) is amended to read:

A. Violations of this chapter shall be charged to the applicant and/or sponsor of the event pursuant to Chapters 1.08 (General Penalty) as infractions, and 1.20 (Administrative Citations) of this Code, as well as any other remedies available to the city at la w or equity.

Unauthorized use of city water is punishable by a civil fine not exceeding $250.00 per day of water use.in an amount set by City Council resolution.

B. In addition to the penalties provided for in Chapters 1.08 (General Penalty) and

1.20 (Administrative Citations) of this Code, sponsors, applicants, or participants of an event may be cited and/or ejected from the public property for violations of this chapter, or other unlawful conduct, after notice and an opportunity to cure the violation.

SECTION 15: Section 15.04.090 (Violations and penalties) of Chapter 15 (Permits – Uniform Code) of Title 15 (Buildings and Construction) is amended to read:

A. It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building, structure or building service equipment or cause or permit the same to be done in violation of this chapter.
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B. Any person, firm, corporation or other entity which violates any of the provisions of this chapter including any of the codes adopted by reference, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detaile d statement of specification of plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction shall be guilty of an infraction unless otherwise provided in this code.

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

1. A fine not exceeding $100.00 for the first violation;

2. A fine not exceeding $500.00 for a second or subsequent conviction within one- year.is punishable pursuant to the fine amounts as set forth in Section 36900(c) of the Government Code relating to violations of building and safety codes, including any amendments or successor statues thereto.

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

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

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

SECTION 16: Subsection (A) of Section 21.08.020 (Penalties) of the Chapter 21.08 (Rates) of Title 21 (Marinas) is amended to read:

A. Any person violating any of the provisions of this title shall be guilty of an infraction, punishable by fines as authorized by Government Code Section 36900. Said fine is 517

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not to exceed one hundred dollars for the first conviction; two hundred dollars for a second conviction within one year; and five hundred dollars for a third or subsequent conviction within one yearin accordance with Chapter 1.08. Upon conviction, each day on which any violation of this title is committed or permitted, may be Each day a violation continues is considered a separate offense, punishable as specified by this section.

SECTION 17 : SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of t he ordinance would be subsequently declared invalid or unconstitutional.

SECTION 18: ADOPTION AND EFFECTIVE DATE. This Ordinance shall be in full force and effect 30 days after its second reading and adoption.

SECTION 19: PUBLICATION. The City Clerk is directed to cause this Ordinance to be published within 15 days of its passage in a newspaper of general circulation published and circulated within the City of Suisun City.

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

Alma Hernandez, Mayor
ATTEST:

Anita Skinner, City Clerk

APPROVED AS TO FORM
AND LEGAL CONTENT:

Aleshire & Wynder, LLP

_______________________________
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Elena Q. Gerli, City Attorney

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 November ___, 2023 and passed and adopted at a regular meeting of said City Council held on November ___, 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 November 2023.

Anita Skinner
City Clerk

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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUISUN
CITY, CALIFORNIA, REPEALING CHAPTER 1.16
(ADMINISTRATIVE COMPLIANCE ORDERS ) AND AMENDING
CHAPTER 1.20 (ADMINISTRATIVE CITATIONS) TO TITLE 1
(GENERAL PROVISIONS); AND AMENDING SECTIONS 1.08.030,

5.16.240, 6.07.040(B), 8.040.050(U), 8.10.150(E), 9.16.010(F), 9.21.040,

9.28.080(B), 12.12.090, 121.24.050, 12.32.120, 15.04.090, AND 21.08.020(A)

OF THE SUISUN CITY MUNICIPAL CODE
WHEREAS, the City of Suisun City is a general law city in the County of Solano, State of California.

WHEREAS, pursuant to the Suisun City Municipal Code (SCMC), fines are levied as an incident of a voluntary act of an individual or business and not the result of property ownership.

WHEREAS, the City is responsible for enforcement of the SCMC in its entirety.

WHEREAS, the SCMC includes Chapter 1.16 (Administrative Compliance Orders), which is duplicative of other provisions in the SCMC, and which is not being utilized.

WHEREAS, the City Council finds that the amount of civil fines imposed for violations of municipal code provisions should be removed from the SCMC and adopted by resolution for consistency and ease of use.

WHEREAS, the City Council desires to amend and update the provisions throughout the SCMC to provide clarity and consistency.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUISUN CITY ORDAINS AS FOLLOWS:

SECTION 1: The above recitals are correct and incorporated herein by reference.

SECTION 2: Chapter 1.16 (Administrative Compliance Orders ) of Title 1 (General Provisions) of the Suisun Municipal Code is repealed and deleted in its entirety.

SECTION 3: Section 1.08.030 (Infraction penalty) of Chapter 1.08 (General Penalty) of Title 1 (General Provisions) is amended to read:

Any person convicted of an infraction for violation of an ordinance of the city is punishable by a fine as provided for in Section 36900 of the Government Code, including any amendments or successor statutes thereto.
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SECTION 4: Chapter 1.20 (Administrative Citations) of Title 1 (General Provisions) of the Suisun Municipal Code is repealed and replaced with the following:

1.20.010 - Applicability.

A. This chapter provides for administrative citations which are in addition to all other legal and equitable remedies and provides an alternative to any criminal prosecutions which may be pursued by the city to address any violation of this code or of any reg ulations adopted under the authority of this code.

B. Use of the remedies and procedures of this chapter shall be at the city’s sole discretion, and shall not limit or preclude the use of criminal or civil injunctive code enforcement proceedings in addition or in conjunction with this chapter.

1.20.020 - Definitions.

For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:
“City” means the City of Suisun City.
“City manager” means the city’s City Manager, and shall include their designee. “Enforcement officer” means any city employee or agent of the city with the authority to enforce any provision of this code.
“Finance director” means the city’s Director of Finance and shall include their designee. “Person” means an individual or entity of any kind.

1.20.030 - Administrative citations.

A. Whenever an enforcement officer determines that a violation of any provision of this code has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation.

B. Prior to the issuance of an administrative citation for a violation which pertains to building, plumbing, electrical, or similar structural or zoning matters that does not create an immediate danger to health or safety, the enforcement officer shall provide a reasonable period of time not less that five business days to correct or otherwise remedy the violation.

C. Each administrative citation shall contain the following information:

1. The date of the violation;

2. The address or a definite description of the location where the violation occurred or is occurring;
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3. The code section violated and a description of the acts or omissions constituting the violation;

4. The amount of the penalty for the code violation , which amount shall be set by city council resolution;

5. A description of the penalty payment process, including a description of the time within which and the place to which the penalty shall be paid;

6. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and

7. The name and signature of the enforcement officer.

D. Each day a violation continues is a new violation and may be cited as such.

1.20.040 - Service.

A. An administrative citation may be served by personal delivery on any person determined to be responsible for the violation, or by certified mail, postage prepaid, return receipt requested, addressed to a location reasonably likely to give notice to the responsible party of the administrative citation, or posted in a conspicuous location on or in the vicinity of the property.

B. All notices subsequent to service of a citation may be served either by personal delivery or by certified mail, postage prepaid, return receipt requested, and shall be deemed effective on the date of personal delivery or when the certified mail is either d elivered or delivery attempted. If the certified mail receipt is returned unsigned, then service may instead be effected by regular first class mail, postage prepaid, provided that the notice sent by regular mail is not returned by the postal service as undeliverable, and shall be deemed effective three calendar days following deposit of the notice in the mail.

C. Where a violation of code provisions concerning the condition of real property is involved, an administrative citation or subsequent written notices may be served by personal delivery or by certified mail at the property owner address shown on the last equalized county assessment roll. Where such delivery or service by certified mail upon the property owner is unsuccessful, service may be effected alternately or additionally by posting a copy of the citation or notice at a conspicuous location on the property which is the subject of the citation or notice . Where service of any citation or notice is effected in compliance with the 522

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requirements of this section, the asserted failure of any person to receive the notice shall not affect the validity of the citation, notice, or any proceedings related thereto.

1.20.050 Amount of administrative penalties.

The amounts of administrative penalties for code violations imposed pursuant to this chapter are set , and may be amended from time to time, by city council resolution . Late payment shall be subject to late payment penalties as established by city council resolution.

1.20.054 Authority to outsource collection and administrative hearing procedures.

The city may, at its discretion, hire a service provider to process administrative citations and appeals in accordance with Section 1.20.050 et seq. Any such vendor shall be deemed the city’s designee.

1.20.060 - Payment of administrative penalties.

A. The administrative penalty shall be paid to the city through its finance director within 30 days from the date the administrative citation is served. If a hearing is requested pursuant to Section 1.20.070, the administrative penalty shall be deposited with the finance director or a notice shall be filed with the finance director that an advance hardship waiver has been requested as required in Section 1.20.080.

B. Any administrative penalty shall be refunded in accordance with Section

1.20.110(F) if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that no violation occurred.

1.20.070 - Hearing request.

A. Any recipient of an administrative citation may appeal the citation on the grounds that no violation occurred, or that they are not responsible for the violation, by filing a request for hearing form with the finance director within 30 days from the date of service of the administrative citation, together with either an advance deposit of the administrative penalty or a request for advance deposit hardship waiver form.

B. The person requesting the hearing shall be notified by first class mail, postage prepaid, of the time and place set for the hearings by mailing a notice of hearing at least 10 days prior to the date of the hearing.

C. If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, a copy of this 523

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report also shall be mailed to the person requesting the hearing at least five days prior to the hearing date.

1.20.080 - Advance deposit hardship waiver.

A. Any person who claims to be financially unable to make the advance deposit of the fine as required in Section 1.20.070(A) may file a request for an advance deposit hardship waiver.

B. The request shall be filed with the finance director on or before the filing of a hearing request, and may only be made by the person who was issued the citation.

C. A hardship waiver request must be accompanied by a sworn declaration by the requestor, together with any supporting evidence demonstrating the requestor’s actual financial inability to deposit the full amount of the fine in advance of the hearing.

D. The finance director shall issue a written determination listing the reasons for determining to issue or not issue the advance deposit hardship waiver. The written determination of the finance director shall be final, subject only to judicial review as pro vided by law.

1. Upon receipt and review of satisfactory evidence, the finance director shall waive the requirement of an advance deposit.

2. If the finance director determines not to waive the advance deposit, the requestor shall remit the deposit to the city within 10 days of the date of the notice of that decision in order to secure the hearing.

E. The finance director’s written determination shall be served upon the person who applied for the advance deposit hardship waiver.

1.20.090 - Hearing officer.

The city manager shall designate an impartial hearing officer to hear an appeal pursuant to Section 1.20.070.

1.20.100 - Hearing procedures.

A. No appeal hearing shall be noticed unless the administrative penalty has been deposited in advance in accordance with Section 1.20.070(A) , or an advance deposit hardship waiver has been issued in accordance with Section 1.20.080. 524

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B. A hearing shall be set for a date that is not less than 15 days and not more than 60 days from the date of the filing of the request for hearing. The hearing may be continued for good cause.

C. At the hearing, the appellant shall be given the opportunity to testify and present evidence and cross -examine witnesses concerning the violation. That appellant may appear personally or through an attorney. Prehearing discovery is not authorized, but subpoena of witnesses and documents shall be permitted as authorized by law. The hearing shall be conducted informally, both as to rules of procedure and admission of evidence, in any manner which will provide a fair hearing.

D. The failure of an appellant to appear at the hearing may be deemed an admission of the violation by the recipient and an admission that the amount of the administrative penalty is appropriate and may constitute a failure to exhaust administrative remedies barring judicial review.

E. The administrative citation and any additional report submitted by the enforcement officer shall constitute presumptive evidence of the respective facts contained in those documents.

F. The hearing officer may continue the hearing to request additional information from the enforcement officer or the appellant.

1.20.110 - Hearing officer’s decision.

A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall, based on a preponderance of the evidence, issue a written decision to sustain or overturn the administrative fine and the reason for that decision. The decision of the shall be issued within 15 days of the completion of the hearing , and shall include findings of fact and conclusions of law. The hearing officer shall issue written findings on each violation.

The findings shall be supported by evidence received at the hearing.

B. If the hearing officer determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the hearing officer shall set forth in the decision a payment schedule for the fine.

C. If the hearing officer determines that the administrative fine should be overturned, the city shall, within 10 days of the decision, refund the amount deposited. 525

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D. The recipient of the administrative citation shall be served with a copy of the hearing board’s written decision within 5 days of issuance.

G. The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of the administrative citation fines and other penalties upheld by the hearing officer.

1.20.120 – Collection of administrative penalties.

A. Administrative fines sustained by the hearing officer are a debt owed to the city and in addition to all other means of enforcement, if the violation concerns the condition of real property, may be enforced by means of a lien against the real property on which the violation occurred in accordance with Section 1.20.170.

1.20.130 - Administrative costs.

A. The hearing officer may assess administrative costs against the person found responsible for the violation when they sustain the administrative fine.

B. Administrative costs may include any and all costs incurred by the city in connection with the hearing, including, but not limited to, cost of the enforcement officer incurred in preparation for the hearing and participating in the hearing itself and costs of the city to conduct the hearing. Failure to pay administrative costs in the amount specified in the administrative hearing officer’s decision on or before the date specified in that decision may be collected in the same manner as delinquent fines.

1.20.140 - Failure to pay administrative penalties and costs.

Failure to pay the assessed administrative penalties and/or administrative costs specified in a hearing board’s decision may be enforced as:

A. A personal obligation of the person found responsible for the violation; and/or B. If the violation is in connection with real property, a lien upon the real property in accordance with Section 1.20.170, which shall remain in effect until all of the administrative penalties, interests, and administrative costs are paid in full.

1.20.150 - Judicial review.
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Any person subject to a decision of the hearing officer may obtain review of the decision in the appropriate court pursuant to the provisions of California Government Code Section 53069.4.

1.20.160 - Collection of administrative penalties.

1.20.170 - Lien procedure.

A. Whenever the amount of any administrative penalty and/or administrative cost imposed in connection with real property has not been satisfied in full within 90 days, unless tolled by a timely request for judicial review pursuant to Government Code Section 53069.4 or reversed by court order, this obligation may constitute a lien against any real property involved where any violation was determined to concern the condition of that real property, or as a special assessment against the property where the code violation occurred.

B. The finance director shall prepare and file with the city clerk a report stating the amounts due and owing. The city clerk shall fix a time, date , and place for the city council to hear such report and any protests or objections thereto.

C. The finance director shall cause written notice to be served on each property owner whose interest is disclosed by the current county equalized assessment roll not less than 10 days prior to the time set for the hearing.

E. Interest shall accrue on the principal amount of the judgment remaining unsatisfied pursuant to law.

1.20.180 - Public hearing and protests of proposed liens.

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C. The city council, after the hearing, shall adopt a resolution confirming, discharging, or modifying the amount of lien based upon evidence produced at the hearing.

1.20.190 - Recording of lien.

Thirty days following the adoption of a resolution by the city council imposing a lien, the finance director or designee shall file a certified copy of the cost report with the Solano County auditor. The finance director or designee shall request the audit or to enter each assessment on the Solano County tax roll and collect the amount of the assessment at the time and in the manner of ordinary municipal taxes. The lien may carry such additional administrative charges as set forth by resolution of the city council.

1.20.200 Personal obligation.

A. Any person, firm, corporation or other entity violating any provisions of this title shall be guilty of an infraction punishable pursuant to Chapter 1.08. Each day of a violation of this chapter shall be deemed a new violation.
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B. Any person guilty of a violation of this chapter shall be liable for such costs, expenses and disbursements paid or incurred by the city in correction abatement and prosecution of the violation.

SECTION 5: Section 5.16.240 (Violation—Penalty) of Chapter 5.16 (Pawnbrokers, Secondhand Dealers And Junk Dealers) of Title 5 (Business Taxes, Licenses and Regulations) is amended to read:

Whenever in this chapter any act is prohibited or made or declared to be unlawful or an offense, or the doing of any act is required, or the failure to do any act if forbidden or declared unlawful, the violation of any such provision of this chapter is an infraction. Every day any violation of this chapter continues constitutes a separate offense.

SECTION 6: Section 6.07.040 (B) ( Enforcement and penalties ) of Chapter 6.07 (Dangerous Animals) of Title 6 (Animals) is amended to read:

B. Violations and Penalties. Any violation of this chapter involving a dangerous animal shall be a misdemeanor punishable in accordance with Chapter 1.08.

SECTION 7: Subsection (U) of Section 8.04.050 (Safe and Sane Fireworks) of Chapter

8.04 (Fireworks) of Title 8 (Health and Safety) is amended to read:

U. Administrative Fines and Penalties

2. The issuance of citations, imposing administrative fines, right to appeal, and the right for an administrative hearing shall be performed in accordance with chapter 1.20.

3. This chapter governs the imposition, enforcement, collection and administrative review of all administrative fines, related to the possession, use, storage, sale and/or display of quantities less than 25 pounds of those fireworks classified as “dangerous fireworks ” in California Health and Safety Code Section 12500, et seq., with the exception of a pyrotechnic licensee when operating pursuant to that license; and the use of “safe and sane fireworks ” as defined in California Health and Safety Code Section 12500 et seq. on or at dates, times and/or locations other than those permitted by this chapter. Said administrative fines are imposed under authority of Government Code Section 53069.4, Health and Safety Code Section 12557, and the police power of the city.
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6. Because of the serious threat of fire or injury posed by the use of dangerous fireworks” that can result from persistent or repeated failures to comply with the provisions of this code and the effect of such conditions or activities on the safety and the use and enjoyment of surrounding properties and to the public health, safety and welfare, this chapter imposes strict civil liability upon the owners of residential real property for all violations of this code existing on their residential real property.

E. Penalty Amounts for Types of Violations. The penalty levels for city -issued notices of violation shall be set by city council resolution.

SECTION 9: Subsection (F) of Section 9.16.010 (Juvenile curfew) of the Chapter 9.16 (Curfew for Minors) of Title 9 (Public Peace, Morals and Welfare) is amended to read:

F. Penalties and Fines.

1. Violation of any portion of this section shall constitute an infraction. There shall be a separate infraction for each day on which a violation occurs. The city shall furnish notice of any citation for an infraction under this section to the parent or lega l guardian of the minor who committed the infraction. The fines imposed under this section shall not be invalidated in the event that the minor's parent or legal guardian does not receive or was not sent notice of the citation or the fines associated therewith.

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3. Enforcement pursuant to this section shall be undertaken by the city of Suisun City through its police department and the city attorney.

SECTION 10: Section 9.21.040 (Administrative Fines) of Chapter 9.21 (Social Hosts) of Title 9 (Public Peace, Morals and Welfare) is amended to read:

SECTION 11: Subsection (B) of Section 9.28.080 (Abandoned carts) of Chapter 9.28 (Shopping Carts) of Title 9 (Public Peace, Morals and Welfare) is amended to read:

B. Administrative Costs and Fines.

2. Any owner that fails to retrieve an abandoned cart within three days of receiving the notice in accordance with this article in excess of three times during a specified six -month period shall be subject to an administrative fine pursuant to Chapter 1.20 . An occurrence includes all carts owned by the owner that are impounded by the city in a one-day period. This fine shall be in addition to any other fees or costs that are due pursuant to the city ’s master fee schedule, and shall not be exclusive of any other remedies or penalties available to the city.

A. No person shall smoke a cigarette, cigar, pipe, electronic smoking device, or any other combustible substance within a city park or recreational area except in a designated area, or dispose of a lighted or unlighted cigarette, cigar, pipe, or any other combustible substance or tobacco-related waste within a park, marina waters or recreational facility, except in an ashtray or other device designated for such disposal.

B. Tot lot sandbox areas or playgrounds as defined in California Health and Safety Code Section 104495, shall remain governed by said Section 104495 as well as by this section. 531

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C. Any person who violates this section is guilty of an infraction , in accordance with Chapter 1.08 . Punishment under this section shall not preclude punishment pursuant to Health and Safety Code Section 104495, as well as Section 13002, Section 374.4 of the Penal Code, or any other provision of state law.

SECTION 14: Section 12.32.120 (Violations) of Chapter 12.32 (Special Events Permit) of Title 12 (Streets, Sidewalks and Public Places) is amended to read:

Unauthorized use of city water is punishable by a civil fine in an amount set by City Council resolution.

B. In addition to the penalties provided for in Chapters 1.08 (General Penalty) and

1.20 (Administrative Citations) of this Code, sponsors, applicants, or participants of an event may be cited and/or ejected from the public property for violations of this cha pter, or other unlawful conduct, after notice and an opportunity to cure the violation.

SECTION 15: Section 15.04.090 (Violations and penalties) of Chapter 15 (Permits – Uniform Code) of Title 15 (Buildings and Construction) is amended to read:

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permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction shall be guilty of an infraction unless otherwise provided in this code.

C. Any person, firm, corporation or other entity which is guilty of an infraction under this chapter is punishable pursuant to the fine amounts as set forth in Section 36900(c) of the Government Code relating to violations of building and safety codes, including any amendments or successor statues thereto.

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

SECTION 16: Subsection (A) of Section 21.08.020 (Penalties) of the Chapter 21.08 (Rates) of Title 21 (Marinas) is amended to read:

A. Any person violating any of the provisions of this title shall be guilty of an infraction, punishable in accordance with Chapter 1.08 . Each day a violation continues is considered a separate offense.

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invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 18: ADOPTION AND EFFECTIVE DATE. This Ordinance shall be in full force and effect 30 days after its second reading and adoption.

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

Alma Hernandez, Mayor
ATTEST:

Anita Skinner, City Clerk

APPROVED AS TO FORM
AND LEGAL CONTENT:

Aleshire & Wynder, LLP

_______________________________
Elena Q. Gerli, City Attorney

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

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WITNESS my hand and the seal of said City this ___ day of November 2023.

Anita Skinner
City Clerk

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RESOLUTION NO. 202 3-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN

CITY, CALIFORNIA, ESTABLISHING THE ADMINISTRATIVE

PENALTY SCHEDULE FOR VIOLATIONS OF THE SUISUN CITY

MUNICIPAL CODE

WHEREAS, the City of Suisun City is a general law City located in the County of Solano, State of California.

WHEREAS, pursuant to the Suisun City Municipal Code (SCMC), fines are levied as an incident of a voluntary act of an individual or business and not the result of property ownership.

WHEREAS, the City is responsible for enforcement of the SCMC in its entirety.

WHEREAS, Section 1.20.030(C)(4) of the SCMC provides that the fines imposed pursuant to Chapter 1. 20 (Administrative Citations) for a particular violation shall be in the amount set forth in the administrative penalty schedule established by resolution of the City Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUISUN CITY DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

Section 1. The above recitals are found to be true and are incorporated herein by reference.

Section 2. The administrative penalty amounts set forth and attached hereto are hereby established for violations of the SCMC.

Section 3. Any penalty amount imposed pursuant to Chapter 1.20 of the SCMC and this Resolution shall be deemed delinquent if is not timely paid. The delinquency penalty is equal to three percent (3%) of the amount of the penalty remaining unpaid to the City.

Section 4. The administrative penalty schedule below specifies the civil fine amounts for violations of the SCMC.

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ADMINISTRATIVE PENALTY

SCHEDULE

Tier 1 Administrative Penalties.

Except as otherwise provided below, a ll violations of the SCMC are subject to the following administrative penalties: $100 for the first violation; $200 for the second violation within a 12- month period; and $500 for the third and subsequent violations within a 12-month period.

Tier 2 Administrative Penalties

Violations of the following sections of the SCMC are subject to Tier 2 administrative fines, as follows: $500 for the first violation; $750 for the second violation within a 12-month period; and $1,000 for the third and subsequent violations within a 12-month period.

Chapter 8.04 (Fireworks)
Chapter 8.08 (Solid Wastes)
Chapter 8.12 (Public Nuisances)
Chapter 13.10 (Stormwater Management and Discharge Control) Title 15 (Buildings and Construction)

Tier 3 Administrative Penalties

Violations of the following sections of the SCMC are subject to Tier 3 administrative fines, as follows: $1,000 for the first violation; $2,500 for the second violation within a 12-month period; and $5,000 for the third and subsequent violations within a 12-month period.

[TBD at Council’s direction]

Section 5. The adoption of this r esolution approves and sets forth a procedure for establishing fines and penalties for administrative citations and is, therefore, exempt from the California Environmental Quality Act (Public Resources Code Sections 21090 et seq.) pursuant to Public Resources Code Section 21080(b)(8).

Section 6. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.

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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

State of California )
County of Solano County ) ss
City of Suisun City )

I, Anita Skinner, City Clerk of the City of Suisun City, hereby certify that the above Resolution No. 2023-__, was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on ___________, 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this ____ day of __________ 2023.

Anita Skinner
City Clerk

538
Proposed Updates to
Civil Fines
Ordinance and Resolution
November 7, 2023
Elena Gerli, City Attorney
Administrative Citation Ordinance
Proposed Ordinance will make the following changes to the Municipal Code:
• Amend Section 1.08.030 such that the fines for infractions will be as provided for in Gov’t Code Section 36900.
• These are not civil fines, but the language cleanup is included as it will be beneficial for enforcement.
• The reason for this update is that Section 36900 is amended periodically – to wit, since we adopted the fines in our code, the statute has added infraction fine amounts for building code violations and for violations of short ‐term rentals ordinances. These added fines are higher, so we don’t want our code to inadvertently limit the amount of fines that can be charged. • Repeal Chapter 1.16 (Administrative Compliance Orders) as it is duplicative of other provisions in the SCMC and is currently not being utilized. 1 2
539
Administrative Citation Ordinance
(cont’d)
• Amend Chapter 1.20 (Administrative Citations) to Title 1 (General Provisions) to clarify the process for the issuance of administrative citations and imposition of civil fines for violations of SCMC provisions.
• Examples include adding definitions and language clean ‐ups, a section that expressly authorizes the City to contract for administrative citation processing, which would include processing appeals and recovery of fines, and a change from a hearing board to hear appeals to a hearing officer . • Amend and update provisions throughout the SCMC to make civil fines more consistent and easier to determine. The City Attorney also proposes to amend code sections that include specific fine amounts, so that such civil fines can be adopted by resolution of the City Council.

Resolution
Establishing
Administrative
Penalty
Schedule
• Proposed resolution would establish the administrative citation penalty fine schedule by setting forth the fines for violations the municipal code. • The resolution sets three tiers of penalty fines for violations of the SCMC.

Tier 1 : $100 for the first violation; $200 for the second violation; and $500 for the third and subsequent violations within a 12 ‐month period. • These fines apply to all violations unless indicated in the resolution. These fine amount are in line with what most cities have adopted.

Tier 2 : $500 for the first violation; $750 for the second violation; and $1,000 for the third and subsequent violations within a 12 ‐month period.
• Tier 2 fines are suggested for violations of Chapter 8.04 (Fireworks), Chapter 8.08 (Solid Wastes), Chapter 8.12 (Public Nuisances), Chapter

13.10 (Stormwater Management and Discharge Control), and Title 15 (Buildings and Construction)
Tier 3: $1,000 for the first violation; $2,500 for the second violation; and $5,000 for the third and subsequent violations within a 12 ‐month period.
• Right now, we have no suggestions for specific codes at this level of fines and are open to direction from the Council – the Council may decide to leave this tier blank for now, and only move certain code violations here if additional enforcement power is desired at some point, or decide to remove this tier altogether .
• The resolution also establishes that any penalty amount imposed pursuant to Chapter 1.20 and the resolution will be deemed delinquent if is not timely paid.
• The delinquency penalty will be equal to 3% of the amount of the penalty remaining unpaid to the City.
3 4
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Staff
Recommendation
• 1) Introduce and Conduct First Reading of Ordinance No. 2023‐___: An Ordinance of the City Council of the City of Suisun City, California, Repealing Chapter 1.16
(Administrative Compliance Orders) and Amending Chapter

1.20 (Administrative Citations) to Title 1 (General
Provisions); and Amending Sections 1.08.030, 5.04.460,

5.16.240, 6.07.040(B), 8.040.050(U), 8.10.150(E),

9.16.010(F), 9.21.040, 9.28.080(B), 12.12.090, 121.24.050,

12.32.120, 15.04.090, and 21.08.020(A) of the Suisun City Municipal Code; and
• 2) Adopt a Resolution of the City Council of the City of Suisun City, California, Establishing the Administrative Penalty Schedule for Violations of the Suisun City Municipal Code.

QUESTIONS?QUESTIONS?
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SUISUN CITY MAYOR INFORMATIONAL REPORT
NOVEMBER 7, 2023

REGIONAL BOARDS / COMMISSIONS /COMMITTEES:

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

Suisun City Committees / Ad-Hoc:

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

Other:
 California Local Agency Formation Commission Conference  Rail Safety Incentive Program Webinar
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California Local Agency Formation Commission (LAFCO) Conference (October 18-20, 2023) • Attended a three-day conference for California LAFCO alongside other Solano County LAFCO commissioners.
• Received training on the four basis statutory purposes: the discouragement of urban sprawl; the preservation of open space and prime agricultural land resources; the efficient provision of government services; and the encouragement of orderly growth boundaries based upon local conditions and circumstances. In addition, LAFCO’s powers, procedures, and functions are set forth in the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code Section 56000 et seq.).
• I currently serve as an Alternate, representing Solano County mayors on the Solano County LAFCO board.

Napa-Solano Area Agency on Aging Oversight Board Meeting (October 23, 2023) • Attended the Napa-Solano Area Agency on Aging Oversight Board meeting. • Reports included updates funding for services provided to seniors. 543

SUISUN CITY INFORMATIONAL REPORT, Page 2 of 2
• The discussion included a priority to address staffing needs for the Napa-Solano Area Agency on Aging to be able to support the administrative needs of the organization and increase coordination and collaboration with service providers.
• The board received an update regarding the meal contracts with different senior program facilities. Suisun City, for example, partners with Meals on Wheels. • I serve as an Alternate, representing Solano County mayors on the Napa-Solano Area Agency on Aging Oversight Board.

Solano County Water Agency (SCWA) Legislative Committee meeting (October 23, 2023) • Attended the SCWA Legislative Committee meeting and reviewed policy updates in the legislature. • The committee was updated on issues at the federal level due to not having a Speaker in Congress. • The committee received the following updates:

o AB345: Advance payments for habitat restoration passed and has been signed into law. o AB748: CA abandoned, and derelict vessel program was vetoed by the governor due to funding implication on general budget.
o AB779: Two amendments were accepted by the author on behalf of the agency and bill has been signed into law.
o AB809: Bill would have formalized salmon monitoring program. The bill didn’t mention anything about local agencies. Amendment request for them to consult local agencies was accepted and bill was singed into law.

Rail Safety Incentive Program Webinar (October 25, 2023) • Attended a Rail Safety Incentive Program webinar hosted by Capitol Corridor. • Suisun City was identified as a city that qualifies to be part of an incentive program to review safety at rail crossings.
• A consultation form for the City and Capitol Corridor was provided to review next steps.

CAP Solano JPA Board Meeting (October 26, 2023)
• Attended the CAP Solano JPA Board meeting (regional homelessness board) • The meeting included a presentation from Shelter Solano on the Beck Avenue Navigation Center.

They shared updates on the new Community Hall grand opening. • JPA Staff updates included a 2024 Point in Time Count Update and the release of Homeless Housing, Assistance and Prevention Round 5 application now available.

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Suisun City City CouncilNovember 7, 2023

Suisun City City Council
November 7, 2023