Agenda packet, regular meeting — Suisun City City Council, December 5, 2023

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

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, DECEMBER
5, 2023
5:00 PM

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

..
5:00 P.M. CLOSED SESSION
6:30 P.M. REGULAR MEETING

MEETINGS ARE HELD IN-PERSON,

PUBLIC PARTICIPATION IS ALSO AVAILABLE VIA ZOOM
ZOOM MEETING INFORMATION:

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

833 1021 1630

CALL IN PHONE NUMBER: (707) 438-1720

REMOTE PUBLIC COMMENT IS AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING [email protected] (PRIOR TO 4 PM), VIA WEBSITE, OR ZOOM CALL IN PHONE NUMBER (707) 438-1720

(If attending the meeting via phone press *9 to raise your hand and *6 to unmute/mute for public comment.)

(Next Ord. No. – 809)
(Next City Council Res. No. 2023 – 151)
Next Suisun City Council Acting as Successor Agency Res. No. SA2023 - 06) (Next Housing Authority Res. No. HA2023 – 05)

5:00 P.M. CLOSED SESSION

CALL TO ORDER
Mayor Hernandez

ROLL CALL
Council /Board Members

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

Unrepresented Employees.

2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9: (One case).

3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8)
Real Property Identified by a Portion of Assessor's Parcel Number 0032-180-580, Mike Day Park
Negotiating Party: City Manager
Parties Negotiating With: Ashria LLC
Under Negotiations: Terms and payment.

4 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8)
Property: APN 0032-474-230, an approximately 3,920 square foot driveway adjacent to Mt.

Calvary Baptist Church, 601 Whispering Bay Lane
Agency negotiator: City Attorney, Interim City Manager, and/or John Kearns, Principal Planner
Negotiating parties: Abdul Esmail, Architect on behalf of Mt. Calvary Baptist Church Under negotiation: Discussion of terms and conditions based on the Church’s request to acquire the parcel from the City.

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

PUBLIC COMMENT CLOSED SESSION
(In accordance with Section 54956(a), public comments are limited to items on this closed session agenda, and 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 comment period.)

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

RECESS TO CLOSED SESSION (City Manager Conference Room, City Hall)

6:30 P.M. RECONVENE OPEN SESSION

CALL TO ORDER.

Mayor Hernandez

2 5
Interim City Manager Update - (Roth: [email protected]).

6 City Attorney Report - (Taylor/Andrews).

7 Mayoral and Councilmember Appointments to the Environment & Climate Advisory Committee.

8 Mayoral Appointment to the Citywide Beautification Community Advisory Committee.

9 Housing Programs Update - (Goltiao: [email protected]).

10 Informational Update on

the
Traffic Safety Committee Accomplishments and On-going
Work for the 2023 Calendar Year - (Vue: [email protected]).

11 Council/Board Member Updates.

City Council

ROLL CALL
Council / Board Members

PLEDGE OF ALLEGIANCE

INVOCATION

CLOSED SESSION REPORT
Announcement of Actions Taken, if any in Closed Session.

APPROVAL OF REORDERING OF AGENDA

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

REPORTS (Informational items only.)

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.)

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

COUNCIL COMMENTS

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

3 12
Council Adoption of Resolution No. 2023-___: Authorizing the Interim City Manager to execute a service contract agreement with Axon Enterprises, Inc., for body worn cameras, TASER devices, and evidence storage for the Suisun City Police Department - (Healy:
[email protected]).

13 Council Adoption of Resolution No. 2023-___: Authorizing the Interim City Manager to Execute a Joint Exercise of Powers Agreement (JEPA) Between the City of Fairfield Fire Department and the Fire Departments for the Cities of Vallejo, Benicia, Dixon, Rio Vista, And Suisun City for the Shared Provision of Consulting Services Regarding Ambulance Subcontracting - (Lopez: [email protected]).

14 Council Adoption of Resolution No. 2023-___: Approving the Appointment of one Representative and one Alternate to the Technical Advisory Committee (TAC) for the Community Action Partnership (CAP) of Solano Joint Powers Authority (JPA) - (Lofthus:
[email protected]).

15 Suisun City Municipal Code Update – (City Attorney):

a
.

Council Adoption of Ordinance No. 808: 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 b
.

Council Adoption of Resolution 2023-___: 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.

16 Council Adoption of Resolution No. 2023-__ Amending the Citywide Salary Schedule to Implement a 5% Wage Adjustment for Police Sergeant, Update the Salary Range for City Manager, Correct the Approximate Monthly Salary Published for Battalion Chief, Fire Engineer and Fire Captain Classifications, and Denote Flexibly Staffed Classifications - (Penland: [email protected]).

17 Council Adoption of Resolution No. 2023-___ - Approving the First Amendment to the Suisun City Police Officers’ Association (SCPOA) Memorandum of Understanding (MOU) 2023-25 To Provide Police Sergeants With a 5% Base Wage Adjustment and Acknowledge Total Years of Sworn Law Enforcement Service to Qualify for Longevity Pay - (Penland:
[email protected]).

Joint City Council / Suisun City Council Acting as Successor Agency

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

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

19 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 November 21, 2023 – (Skinner: [email protected]).

4 City Council

20 Waterfront District Business Improvement District: (Lofthus - [email protected])

a
.

Council Adoption of Resolution No. 2023-__: Approving the Annual Assessment Report for the Waterfront District Business Improvement District. b
.

Council Adoption of Resolution No. 2023-__: Declaring its Intent to Consider Reauthorizing the Suisun City Historic Waterfront Business Improvement District and the Assessment Levy for the District for Fiscal Year 2024 and Setting a Public Hearing to Consider these Matters for December 19, 2024.

21 Council Adoption of Resolution No. 2023-___: Adopting Certain Findings and the Policy Directives to Implement the Sales and Use of Safe and Sane Fireworks for 2024 as Provided in Chapter 8.04 of the Suisun City Code - (Lopez: [email protected]).

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

23 Non-Discussion Items.

GENERAL BUSINESS

PUBLIC HEARING
NONE

REPORTS: (Informational items only)

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

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

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

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

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. 5 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. 6 1
HOUSING PROGRAMS UPDATE
December 5, 2023
SUISUN CITY HOUSING AUTHORITY
SEMAP High Performer 2022‐2023
HUD HIGH PERFORMER for FYE June 30, 2023
THANK YOU to Housing Specialists
Charlynn Murray and Belza Lopez‐De Loa!
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Item 9
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Voucher Program in Suisun City
 HUD allotted 322 vouchers to Suisun City
 4200+ applicants on the waiting list
 Waiting list is currently closed to new applicants
Voucher Program in Suisun City
216 families receiving rental assistance as of November 30, 2023  Average of $260k in Housing Assistance Payments per month  Approximately $1200 per family in federal assistance
3 4
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Upcoming in
the New Year
 Outreach to landlords
 Administrative Plan updates
 Project‐Based Voucher Program with
Almond Gardens
Questions?
JASON GOLTIAO, HOUSING PROGRAMS MANAGER
[email protected]
5 6
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10 AGENDA ITEM NO. 10

AGENDA TRANSMITTAL

MEETING DATE:

December
5, 2023

CITY AGENDA ITEM:

Informational Update on

the
Traffic Safety Committee Accomplishments and
On-going Work for the 2023 Calendar Year.

FISCAL IMPACT:

There is no fiscal impact
at this time.

STRATEGIC PLAN:

Ensure public safety by improving the quality of local streets, roads and sidewalks to promote safety for all modes of travel including vehicles, pedestrians and bicycles.

BACKGROUND:

Suisun City's Traffic Safety Committee (Committee) investigates, reviews, analyzes and makes determinations on traffic safety issues, and its members include the Police Chief, Police Commanders (2), Fire Chief, Fire Marshal, Senior Planner, Public Works Director/City Engineer, Senior Associate Engineer, and the Director of Recreation, Parks and Marina (RPM). The Committee meets as needed, depending on the nature and number of agenda items, to assess and to arrive at resolutions to public concerns relating to traffic safety and traffic management.

Through the advice of and the decisions made by the Committee, traffic safety improvements have been completed during 2023 calendar year.

STAFF REPORT:

The Traffic Safety Committee coordinated to resolve and research traffic challenges to improve safety for the Suisun City motorists, bicyclists, pedestrians and public. In this update, the report provides a summary of notable accomplishments, requests and inquiries currently under Committee review and discussion, CIP projects underway, and grant funding secured.

STAFF RECOMMENDATION:

No Council action is required at this time.

DOCUMENTS ATTACHED:
1 .

PowerPoint Presentation: Traffic Safety Committee Update.

PREPARED BY:

Nick Lozano, Sr. Associate Engineer
REVIEWED BY:

Nouae Vue, Public Works Director
APPROVED BY:

Aaron Roth, Interim City Manager

ATTACHMENTS:

1. PowerPoint Presentation Traffic Safety Committee Update.pdf 11 11/30/2023
1 Traffic Safety Committee
Accomplishments
and
Ongoing Work
December 5, 2023
Public Works
Who is the Traffic Safety Committee?
And What Do They Do?
 The Traffic Safety Committee includes representatives from Public Works, Police, Fire, Development Services,
and the Recreation Parks and Marina Departments
 The Traffic Committee reviews traffic concerns and
collaborates to find traffic safety improvements and
mitigations that are practical and feasible
 Meets on an as-needed basis
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12 11/30/2023
2 Update Overview
 Traffic Committee Report
 Capital Improvement Projects
 Grants
Reported Speeding
Various Locations
 Lawler Ranch Parkway and Mayfield Circle
 Resident requests:
o STOP signs (not approved)
o Request for speed humps (not approved)
 Committee approvals:
o Edge and/or centerline striping
o Grant opportunities for speed radar signs
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13 11/30/2023
3 Reported Speeding
Use of STOP Signs and Speed Humps
 STOP Signs
 STOP signs are to be used solely for assigning right of way  STOP sign warrant analysis required
 Speed Humps
 Negative impacts include:
o Damages to vehicles may increase claims to City
o Reduction in response times of emergency vehicles
o Accidents resulting from motorists not slowing down
o Excessive noise to homeowners adjacent to devices
Other Traffic-Related Items
 Amberwood Drive
 Request for red curb painting (approved)
 Miscellaneous narrow streets in Old Town
 Reported speeding in narrow streets
 Request for signage to alert motorists of narrow street conditions  Committee approved SLOW – NARROW ROAD signs
 Ordinance Update
 5-ton weight limit restrictions (truck routes)
 Over-sized truck parking
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14 11/30/2023
4 Capital Improvement Projects (CIP)
On-Going Projects Under Construction
CIP #1 On-Going Project
Sidewalk Gap Closure on Marina Blvd. & Buena Vista Ave.

MARINA BLVD

BUENA VISTA AVE
7 8
15 11/30/2023
5 CIP #2 On-Going Project
Meridian West Subdivision – New Sidewalks & Street Segment CORDELIA ST – NEW SIDEWALK, BULBOUT & RESURFACED PAVEMENT

NEW STREET

SEGMENT
CIP #3 On-Going Project
Traffic Signal Improvements (HSIP Cycle 10)
9 10
16 11/30/2023
6 CIP #4 – On-Going
Rectangular Rapid Flashing Beacons Project (HSIP Cycle 10) Capital Improvement Projects (CIP)
Under Design
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17 11/30/2023
7 CIP #1 In Design Phase
Rectangular Rapid Flashing Beacons Project (HSIP Cycle 11)

CRYSTAL MIDDLE SCHOOL

SUISUN ELEMENTARY SCHOOL
CIP #2 In Design Phase
T-Intersection Improvements (HSIP Cycle 11)
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18 11/30/2023
8 Capital Improvement Projects (CIP)
Substantially Completed
CIP #1 Substantially Completed
McCoy Creek Trail Phase 2 Project – Safety Crossings
Three Street Crossings
• Rectangular Rapid Flashing Beacons
• Bulbouts
• High Visibility Cross Walks
• Streetlights
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19 11/30/2023
9 CIP #2 Substantially Completed
2023 Slurry Seal Project (Senate Bill 1)
“BEFORE” PHOTO of MAIN ST:
“AFTER” PHOTO of MAIN ST:

Grants Secured
17 18
20 11/30/2023
10 Grants Secured
Driftwood Drive Path Gap Closure Project (TDA-3 and TFCA)

PROJECT LOCATION
SCHOOL
Existing Phase 1 Driftwood Drive
Path
Grants Secured
Driftwood Drive Path Gap Closure Project – Existing Conditions Existing Phase 1 Driftwood
Drive Path (10’ Wide)
Project Location
Crystal Middle School
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21 11/30/2023
11 Questions?
21 22
AGENDA ITEM NO. 12

AGENDA TRANSMITTAL

MEETING DATE:

December
5, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-___: Authorizing the Interim City Manager to execute a service contract agreement with Axon Enterprises, Inc., for body worn cameras, TASER devices, and evidence storage for the Suisun City Police Department.

FISCAL IMPACT:

In 2018, the City of Suisun City entered into a service agreement with Axon Enterprise, Inc. for a duration of five years. This contract concluded in September 2023, with the City incurring an annual expenditure of $38,514. Upon the expiration of the previous agreement, staff are recommending a renewal of the service contract with Axon Enterprises, Inc. for the subsequent sixty- four (64) month period from 2023 through 2028. The proposed contract has a total cost ceiling of $394,310.11 over its term. When compared to the prior contract's annual cost, this represents an increase of approximately $35,420 per year.

STRATEGIC PLAN:

Ensure Public Safety-Optimize the use of technology to drive efficiency, productivity, and customer service.

BACKGROUND:

The Suisun City Police Department has been using Axon Enterprises, Inc.'s services since 2018. Officers are equipped with Axon body-worn cameras and TASERs to enhance accountability and improve public safety. The integration of evidence.com, Axon's digital evidence management platform, has been central to the department's operations, allowing for secure storage and easy access to digital evidence. Over the past five years, these tools have proved critical to modernizing our service delivery, increasing transparency, and building trust within the community.

STAFF REPORT:

The Suisun City Police Department is seeking approval by the City Council to approve the Interim City Manager to execute a sixty-four (64) month service agreement with Axon Enterprises, Inc. for body worn cameras, TASERs, and evidence.com.

The implementation of Axon Body Worn Cameras has been important in enhancing accountability and promoting transparency between the Suisun City Police Department and our community. These devices offer an impartial record of interactions between officers and the public, providing clear documentation that can be critical in both the investigative process and criminal court proceedings. Video footage from these cameras often plays a crucial role in resolving complaints against officers, building community trust, and serving as definitive evidence in court.

TASER devices have become an essential tool in our officers' toolkit, offering a less-lethal force option that effectively de-escalates potentially volatile situations. By displaying or deploying a TASER, officers have been able to reduce the incidence of serious injuries to both the public and themselves compared to traditional means of restraint.

The adoption of Evidence.com has modernized how our department manages digital evidence. This cloud-based platform enables the storage of unlimited amounts of digital video, photos, and audio recordings. By simplifying the categorization and retrieval of case-related data, Evidence.com has been indispensable in legal proceedings. It is routinely used in discovery processes with the Solano County 23 District Attorney's Office, prosecutors, and public defenders to ensure a comprehensive and fair review of all pertinent evidence during court cases.

The suite of services provided by Axon, including Body Worn Cameras, TASERs, and Evidence.com, has collectively enhanced the effectiveness of the Suisun City Police Department. These tools have not only fortified the safety of our officers and the public but have also fostered a more trustful and accountable relationship with the community.

STAFF RECOMMENDATION:

It is recommended that the City Council Adopt Resolution No. 2023- __: Authorizing the Interim City Manager to execute a service contract agreement with Axon Enterprises, Inc., for body worn cameras, TASER devices, and evidence storage for the Suisun City Police Department via a sixty-four (64) month service agreement not to exceed $394,310.11.

DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-___: Authorizing the Interim City Manager to execute a service contract agreement with Axon Enterprises, Inc., for body worn cameras, TASER devices, and evidence storage for the Suisun City Police Department.
2 .

Axon Enterprises Inc. quote for sixty-four (64) month service agreement.

PREPARED BY:

Dan Healy, Acting Police Chief
REVIEWED BY:

Aaron Roth, Interim City Manager
APPROVED BY:

Aaron Roth, Interim City Manager

ATTACHMENTS:

1. Resolution Authorizing the Interim City Manager to Execute a Service Contract Agreement with Axon Enterprises, Inc..pdf

2. Axon Enterprises Inc. quote for 64 month Service Agreement.pdf 24 1
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28 RESOLUTION NO. 2023-_____

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

AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A SERVICE CONTRACT AGREEMENT WITH AXON ENTERPRISES, INC., FOR BODY

WORN CAMERAS, TASER DEVICES AND EVIDENCE STORAGE FOR THE

SUISUN CITY POLICE DEPARTMENT

WHEREAS, the Suisun City Police Department has identified a need to enhance their law enforcement capabilities through technological advancements in body worn cameras, TASER devices, and digital evidence management; and
WHEREAS, Axon Enterprises, Inc. has been providing these services effectively since 2018, offering proven solutions that have increased transparency, accountability, and the safety of both officers and the community; and
WHEREAS, the continued use of Axon's body worn cameras and TASER devices has been critical for capturing digital evidence essential in criminal court proceedings and providing less-lethal options for police officers in the field, thereby reducing the likelihood of injury during confrontations; and
WHEREAS, Axon's Evidence.com platform has facilitated an efficient digital evidence management system allowing for unlimited storage and seamless sharing of digital data, which has streamlined the discovery process with the Solano County District Attorney's Offic e, prosecutors, and public defenders, ensuring a fair judicial process; and WHEREAS, the enhanced interoperability and information- sharing capabilities between the Suisun City Police Department and court jurisdictions have been bolstered by the continued partnership with Axon Enterprises, Inc.; and
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Interim City Manager to enter into a sixty -four (64) month service contract with Axon Enterprises, Inc. for body worn cameras, TASERs, and Evidence.com services at a cost not to exceed $88,648.54 annually, with a total contract value not to exceed $394,310.11 over the term.

PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 5th day of December 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 5th day of December 2023.

Anita Skinner
City Clerk

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34 AGENDA ITEM NO. 13

AGENDA TRANSMITTAL

MEETING DATE:

December
5, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-___: Authorizing the Interim City Manager to Execute a Joint Exercise of Powers Agreement (JEPA) Between the City of Fairfield Fire Department and the Fire Departments for the Cities of Vallejo, Benicia, Dixon, Rio Vista, And Suisun City for the Shared Provision of Consulting Services Regarding Ambulance Subcontracting.

FISCAL IMPACT:

There is a possible loss or reduction of the $248,180.00 that the City of Suisun City receives annually through the current Public Private Partnership (PPP) agreement with Medic Ambulance to provide paramedic services. Obtaining a direct award or winning the county RFP for Ambulance Transportation Services will ensure the City of Suisun City maintains the current revenue with the potential to increase in the future. The initial expense to enter into the JEPA is $6,316.13 to Suisun City FD, which the department has available in its allocated budget.

STRATEGIC PLAN:

Provide Good Governance.

BACKGROUND:

In March 2022, the Cities of Vallejo, Rio Vista, Benicia, Dixon, Suisun City, and Fairfield hired AP Triton to conduct a comprehensive Emergency Ambulance Services Transportation & Optimization Study in Solano County. AP Triton is the leading industry expert in this field.

AP
Triton released its findings and recommendations to the Cities in November of 2022.

AP Triton recommended exploring an ambulance subcontracting model, which could maintain the high level of service and improve sustainability for the ambulance provider and the areas being served.

Assembly Bill 389, passed in June 2021, allows the County Board of Supervisors to directly award an ambulance contract to a fire agency, provided the agency subcontracts with a private ambulance provider.

Solano County is open to considering a direct award using AB 389, contingent upon the creation of a JEPA among the Cities and fire districts. The JEPA would be followed by an Ambulance Sub-Contract RFP and the signing of an MOU with the selected ambulance bidder. To engage in dialogue with the county the JEPA and the ambulance subcontract must be completed by the end of 2023 prior to the County publishing its RFP for the ambulance contract. The cost shared amongst all participating cities for a direct award will be $58,000, whereas a full RFP response to Solano County would be $175,570 with no guarantee of winning the bid.

The Parties will use the designation "Solano County Fire and EMS: or "SCFE" to identify the provision of the services provided under the JEPA. The use of such designation shall not be deemed to create a separate legal entity or to change the liability or the contractual obligations of the Parties under this or any other agreements.

The City of Fairfield is taking the lead in the project and will own the MOU for the county ambulance transportation contract and the subcontract for the private ambulance provider. As owners of both contracts, the City of Fairfield will also serve as the JEPA manager, receiving an additional $650,000 annually with built-in increases based on the Medical Consumer Pricing Index (CPI). 35 It is important to note that the potential additional funding generated through this proposed project would improve the quality of life for city residents by further investing in the EMS delivery system and the likelihood to positively impact each City's budget.

Stakeholders were involved in the Emergency Ambulance Services Transportation & Optimization Study conducted by AP Triton. Stakeholders included the Solano County Fire Chiefs, Hospital Representatives, City Elected Officials and Executives, County Board of Supervisors Members, and the current ambulance provider. Each stakeholder was asked to evaluate the County's EMS system overall and specifically the ambulance transport component using a SWOT Analysis (Strengths, Weaknesses, Opportunities, and Threats). The stakeholders were also asked about future items they would like to see in the next ambulance contract or changes needed in the system.

STAFF REPORT:

As we move forward, all cities involved in the JEPA hope to secure a direct award or win the ambulance contract to bring additional revenue to the participating cities while ensuring the continued provision of quality ambulance transportation services.

STAFF RECOMMENDATION:

Staff Recommends Authorizing the Interim City Manager to Execute a Joint Exercise of Powers Agreement (JEPA) Between the City of Fairfield Fire Department and the Fire Departments for the Cities of Vallejo, Benicia, Dixon, Rio Vista, And Suisun City for the Shared Provision of Consulting Services Regarding Ambulance Subcontracting.

DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-___: Authorizing the Interim City Manager to Execute a Joint Exercise of Powers Agreement (JEPA) Between the City of Fairfield Fire Department and the Fire Departments for the Cities of Vallejo, Benicia, Dixon, Rio Vista, And Suisun City for the Shared Provision of Consulting Services Regarding Ambulance Subcontracting. 2 .

Joint Exercise of Powers Agreement for the Provision and Management of Emergency Ambulance Services.

PREPARED BY:

Brad Lopez, Fire Chief
REVIEWED BY:

Brad Lopez, Fire Chief
APPROVED BY:

Aaron Roth, Interim City Manager

ATTACHMENTS:
1 Resolution Authorizing the Interim City Manager to Memorandum of Understanding between the City of Fairfield Fire Department and the Partner Cities.pdf

2. Solano County Fire & EMS JPA.pdf
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RESOLUTION NO. 2023 - ___

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

AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A JOINT

EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF FAIRFIELD

AND CITIES OF VALLEJO, BENICIA, DIXON, RIO VISTA, AND SUISUN CITY

FOR THE PROVISION AND MANAGEMENT OF EMERGENCY AMBULANCE

SERVICES (JEPA)

WHEREAS, The City Fire Departments Vallejo, Benicia, Dixon, Rio Vista, and Suisun City by and through the City of Fairfield; and

WHEREAS, has secured AP Triton, LLC to conduct a request for proposal for an ambulance subcontractor; and

WHEREAS, AP Triton, LLC and the law firm of Wright and L’Estrange to prepare a Joint Exercise of Power Agreement; and

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Suisun City authorizes the City Manager to execute a contract agreement between the City of Fairfield and the partner cities; and

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to enter into any agreement or take such actions as may be necessary to implement the Council’s actions.

PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, December 5th, 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 5th day of December 2023.
______________________________
Anita Skinner, City Clerk
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JOINT EXERCISE OF POWERS AGREEMENT FOR THE PROVISION AND

MANAGEMENT OF EMERGENCY AMBULANCE SERVICES

This Joint Exercise of Powers Agreement (“Agreement”), is entered by and among the City of Fairfield, the City of Vallejo, the City of Benicia, the City of Dixon, the City of Rio Vista, and the City of Suisun City (the “City Parties”), the Cordelia Fire Protection District, the Montezuma Fire Protection District, the East Vallejo Fire Protection District, the Dixon Fire Protection District, the Vacaville Fire Protection District , and the Suisun Fire Protection District (the “District Parties”) (individually a “Party,” and collectively, the “Parties”).

WITNESSETH:

WHEREAS, pursuant to the Joint Exercise of Powers Act, Title 1, Division 7, Chapter 5 of the California Government Code, two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and

WHEREAS, each of the Parties is a “public agency” as that term is defined in Section 6500 of the California Government Code; and

WHEREAS, pursuant to Sections 54980-54983 of the California Government Code, each of the Parties is empowered to enter agreements with the other Parties for the performance of firefighting and ambulance services and functions within each of the Parties’ territories; and

WHEREAS, pursuant to Section 38794 of the California Government Code, each of the City Parties is empowered to contract for ambulance services to serve their residents as convenience requires; and

WHEREAS, pursuant to Sections 13862 and 13878 of the California Health and Safety Code and Sections 20811 and 20812 of the California Public Contract Code, each of the District Parties is empowered to provide and contract for ambulance services and emergency medical services (“EMS”) inside and outside of their territories; and

WHEREAS, pursuant to the Revenue Bond Law of 1941, Title 5, Division 2, Part 1, Chapter 6 of the California Government Code , each of the Parties is empowered to acquire, construct, improve, lease, operate, maintain, repair, staff, or manage, as an enterprise, all parts of, and appurtenances to, an ambulance service; and

WHEREAS, pursuant to Sections 14105.94, 14105.945, 14129, and 14129.3 of the California Welfare and Institutions Code and the State Plan Amendment 22 -015 to the State of California’s Medicaid State Plan Under Title XIX of the Social Security Act Amendments of 1965 (Public Law 89 -97), each of the Parties is eligible to participate in the Public Provider Ground Emergency Medical Transport Intergovernmental Transfer ( “PP-GEMT IGT ”) Program and receive increased reimbursements for the provision of ground emerge ncy medical transport services to Medi-Cal beneficiaries; and

WHEREAS, pursuant to Sections 1797.230 and 1797.231 of the California Health and 38

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Safety Code, each of the Parties is empowered to contract with a county to provide emergency ambulance services, in whole or in part, through a written subcontract with a private ambulance service, provided that such written subcontract is awarded pursuant to a competitive bidding process consistent with Section 20812 of the Public Contract Code; and

WHEREAS, the Parties desire to maximize use of the existing resources, create cost saving opportunities, reduce duplication, and provide medical and other emergency services at a high level of service for the communities they serve by contracting with the County of Solano (“County”) to provide emergency ambulance services, in whole or in part, through a written subcontract with a private ambulance service; and

WHEREAS, the Parties desire to accomplish the aforesaid purpose by jointly exercising their common powers in the manner set forth in this Agreement.

NOW, THEREFORE, the Parties, for, and in consideration of the mutual benefits, promises, and agreements set forth herein, AGREE as Follows:

I. Purpose.

A. The purpose of this Agreement is for the Parties to jointly exercise their common powers to provide, contract for, manage, equip, maintain, and operat e ambulance services and EMS as contractors of County utilizing a private ambulance service and fire agency subcontractors. Such purpose shall be accomplished, and common powers exercised, in the manner set forth in this Agreement.

B. The Parties may use the designation “Solano County Fire & EMS ” or “SCFE” to identify the provision of the services provided under this Agreement . The use of such designation shall not be deemed to create a separate legal entity or to change the liability or the contractual obligations of the Parties under this or any other agreements.

C. All pre -existing obligations, rights, and privileges of the Parties shall continue hereunder, subject to the terms and conditions of this Agreement.

II. Administration.

A. The duties set forth in this Section II of the Agreement shall be conducted by an administrative entity to be known as the “Executive Committee.”

1. The members of Executive Committee shall consist of:
i. The Fire Chiefs of each of the six (6) City Parties. 39

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ii. One (1) Fire Chief of a District Party representing the six (6) Districts, who shall represent the District Parties on the Executive Committee for two years and rotate among District Parties; provided, however, that the District Parties’ Fire Chief representative may not come from a District Party that contracts out services from City Party.
iii. After the Effective Date of this Agreement, a District Party that increases its level of service to Advanced Life Support (“ALS”) shall be entitled to have its Fire Chief serve as a member of the Executive Committee , and shall no longer be represented by the District Parties’ Fire Chief representative as provided for in section II.A.1.ii, above.
iv. Each Fire Chief may designate an officer from their own fire service agency to serve in their place on the Executive Committee.

2. At its discretion, the Executive Committee may invite a representative from County’s local EMS agency to serve as a non -voting, advisory member of the Executive Committee.

3. At its discretion, the Executive Committee may invite a representative from SCFE’s private ambulance service subcontractor to serve as a non -voting, advisory member of the Executive Committee.

4. The Executive Committee shall meet at least once (1) per quarter and may meet as needed.

5. A simple majority of the Executive Committee shall constitute a quorum.

6. Actions related to SCFE operations, exclusive of any financial matters, such as, for example, a change to the posting locations of SCFE ambulances, shall require a majority vote. In the event of a tie vote by the Executive Committee, the City of Fairfield Fire Chief, as the representative of SCFE Manager (as that term is defined in section III.A., below), shall resolve the deadlock by casting an additional determinative vote.

7. Actions related to SCFE financial matters, including but not limited to budgeting and disposition of net revenues , and recommendations to the Parties regarding amendments to this Agreement, shall require a two-thirds vote of the Executive Committee.

8. The Parties acknowledge and agree that the Executive Committee is not a “legislative body,” a separate legal entity, or a joint powers agency or authority, partnership, joint venture, or joint enterprise of any kind.

B. The Executive Committee shall advise and consult SCFE Manager (as that term is 40

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defined in section III.A., below), as necessary, on matters impacting or related to SCFE’s ambulance services or County’s EMS system, including, but not limited to, the following:

1. Ambulance deployments, facilities, unit distribution, staffing levels, subcontracts, equipment, and other operational aspects of SCFE’s ambulance services;

2. Funding for, and reinvestment of net revenues from, SCFE’s ambulance services;

3. Clinical performance issues and quality improvement programs for SCFE’s ambulance services and the Parties’ first responder EMS; and

4. County EMS system integration and SCFE ambulance service delivery innovation.

III. Management.

A. The Fairfield Fire Department shall serve as the “ SCFE Manager” and manage, administer, and oversee day-to-day operations of SCFE and all services, programs, and contracts required under this Agreement.

B. SCFE Manager shall enter all agreements, engage all subcontractors and consultants, as necessary, and take all actions necessary to effectuate the purposes of this Agreement and the SCFE services and programs set forth herein.

C. SCFE Manager shall comply with the requirements and expectations of this Agreement, as well as all applicable federal, state, and local laws, regulations, and rules.

D. SCFE Manager shall coordinate and cooperate with each Party regarding the performance of services within their respective jurisdiction.

E. The Executive Committee shall advise and consult SCFE Manager regarding services for, or special projects performed on behalf of, any Parties.

F. SCFE Manager shall provide financial and general services to the SCFE for the term of the Agreement, including accounts payable, procurement, billing and accounts receivable, general accounting and reporting, budget development and monitoring, and other general services as necessary to effectuate the purposes of this Agreement.

G. SCFE Manager may enter subcontracts to perform the financial and general services in this Section III.E.

H. SCFE Manager shall charge SCFE an annual fee of Six Hundred Fifty Thousand Dollars ($650,000) for administering this Agreement and the SCFE services and 41

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programs set forth herein (“Administration Fee”). The Administration Fee shall be adjusted each subsequent year by the percentage increase/decrease in the Consumer Price Index, All Urban Consumers for Medical Care (U.S. city average) (1982- 1984=100) (“Medical CPI ”). The Parties acknowledge and agree that the Administration Fee and any subsequent Medical CPI increases or decreases represent the reasonable cost to SCFE Manager providing administrative services to SCFE.

I. SCFE Manager shall operate SCFE and account for all payments, revenues, reimbursements, expenditures, disbursements , credits, and debits through an enterprise fund (i.e., a fund established to account for operations financed and operated in a manner similar to private business enterprises, where the intent of the government body is that the costs of providing goods or services to the general public on a continuing basis be f inanced or recovered primarily through user charges), which shall include the following subfunds:

1. An operations fund equal to SCFE’s estimated annual operating expenses for the fiscal year.

2. An operating reserve fund equal to no less than $10,000,000, to be fully funded within three (3) years of implementation of ambulance services pursuant to Section IV, below.

3. A risk management reserve fund equal to 0.01% of SCFE gross revenues.

4. A capital reserve fund for the reinvestment of SCFE net revenues into, among other things, the following:
i. The acquisition, construct ion, improve ment, leas ing, operat ion, maintenance, repair, staf fing, and/or management of all parts of, and appurtenances to, SCFE ambulance services;
ii. The acquisition, construct ion, improve ment, leas ing, operat ion, maintenance, repair, staf fing, and/or management of all parts of, and appurtenances to, the Parties’ FRALS services and programs; iii. Providing financial support, for a public agency emergency communications center for the purpose of consolidated countywide, fire/EMS dispatching services;
iv. The recruitment and retention of prehospital EMS personnel and the provision and expansion of p rehospital EMS personnel training and continuing education, including but not limited to coursework, patient simulators, training aids;
v. The acquisition, construct ion, improve ment, leas ing, operat ion, maintenance, and/or repair of EMS durable equipment and disposable medical supplies for the Parties , such as, for example, Automated 42

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External Defibrillators (AEDs), naloxone (Narcan), Epinephrine Auto Injectors, and Lund University Cardiopulmonary Assist System (LUCAS) devices;
vi. The acquisition, construct ion, improve ment, leas ing, operat ion, maintenance, and/or repair of EMS-related information technology (IT) software, hardware, and solutions, such as, for example, electronic patient care report (ePCR) systems, apparatus mounted mobile digital computers (MDC), and automatic vehicle location (AVL) systems; vii. The acquisition, construct ion, improve ment, leas ing, operat ion, maintenance, repair, staf fing, and/or management of all parts of, and appurtenances to, community paramedicine , triage to alternate destination, and other similar ambulance and EMS programs for the Parties; and
viii. EMS community education programs , hospital interface requirements and innovation, clinical trial participation and support, and other County EMS system requirements.

J. To the extent that any special projects are performed on behalf of any Parties, such costs shall be borne by the benefiting Parties. This cost shall be offset against any revenue received by the benefiting Parties under this Agreement.

K. The Parties acknowledge and agree that SCFE Manager is not performing services as the agent of the Parties, but rather, as a service provider, and SCFE Manager does not assume any fiduciary duties to the Parties in the performance of these financial and general services.

IV. Ambulance Services.

A. SCFE, through SCFE Manager, shall contract with the County to provide emergency ambulance services (“Ambulance Contract”) and shall provide those services, in whole or in part, through a written subcontract with a private ambulance service (“Ambulance Subcontract”) in accordance with Sections 1797.230 and 1797.231 of the California Health and Safety Code.

B. SCFE, through SCFE Manager, shall award the Ambulance Subcontract pursuant to a competitive bidding process in accordance with Section 1797.231 of the California Health and Safety Code.

C. SCFE, through SCFE Manager, may contract with third parties to provide nonemergency ambulance services.

D. SCFE, through SCFE Manager, shall invoice and collect for all emergency and nonemergency ambulance services rendered by SCFE.

E. SCFE, through SCFE Manager, shall participate in the PP-GEMT IGT Program. 43

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F. The Parties acknowledge and agree that SCFE’s authorized service area under the Ambulance Contract shall consist of all the unincorporated and incorporated areas of County, excluding the Vacaville Fire Protection District (also known as “Zone C”), the City of Vacaville, and Travis Air Force Base.

G. Except as otherwise provided in this Agreement, the Parties shall not:

1. Provide, furnish, operate, conduct, charge for, advertise, or engage in or profess to be engaged in the business of, emergency and nonemergency ambulance services;

2. Contract, pay, or reimburse for emergency and nonemergency ambulance services; or

3. Grant a permit, license, or franchise for emergency and nonemergency ambulance services.

V. First Responder, Advanced Life Support (“FRALS”) Services.

A. The City Parties shall, and the District Parties may, provide FRALS services within their jurisdictions 24 hours a day, 365 days a year, subject to the terms and conditions of their ALS Non -Transport Agreements with Solano County Emergency Medical Services Cooperative (“SEMSC”) . The City and District Parties providing FRALS services shall be known as the “FRALS Parties.” B. SCFE, through the SCFE Manager, and t he FRALS Parties shall enter into a separate agreement (“FRALS Subcontract”), which shall set forth the terms and conditions of the FRALS Parties’ provision of FRALS as subcontractors of SCFE, including but not limited to provisions on the following subjects:

1. FRALS Parties’ compliance with all statutory, regulatory, and contractual requirements for FRALS services and EMT-Paramedic personnel;

2. SCFE’s resupply and restocking of disposable EMS supplies for FRALS Parties; and

3. FRALS Parties’ fees for providing FRALS services to SCFE, which shall not exceed the reasonable costs of providing such services, and all terms and conditions for such payments, such as, for example, the timing of payments by SCFE to the FRALS Parties , the allocation of FRALS payments between and among the FRALS Parties based on each Party ’s percentage of call volume, and any modifications to any of the foregoing.

VI. Effective Date.

A. The effective date of this Agreement shall be ____ and shall continue in full force and effect until terminated pursuant to Section VII, below. 44

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B. Condition Precedent. Notwithstanding the foregoing, this Agreement shall become effective if and only upon County awarding the Ambulance Contract to SCFE.

VII. Withdrawal, Termination, and Dissolution.

A. A Party may withdraw as a party to this Agreement by providing at least 180 days’ written notice. Such withdrawal shall be effective on the first day of the next fiscal year, unless otherwise agreed to by all Parties. Such withdrawing Party shall perform all obligations and other activities and information performed or related to the services provided by the Parties under this Agreement prior to the effective date of withdrawal.

B. The Agreement shall terminate if:

1. The number of parties to this Agreement becomes less than two, or if all the parties unanimously agree to terminate the Agreement; or

2. The Ambulance Contract is terminated.

C. If the Parties have accumulated any assets relating to the services provided under this Agreement prior to termination, such assets shall be distributed among the Parties per their respective contributions, unless otherwise agreed to by all Parties.

VIII. Amendments to Agreement.

A. This Agreement may only be amended by approval of all the Parties to this Agreement.

B. The Executive Committee may recommend an amendment to this Agreement. The Executive Committee shall forward the proposed amendment with its recommendation to the legislative body of each Party, which shall be adopted , properly executed, and returned to the Executive Committee if the Party concurs with the amendment. This Section shall not prevent the Parties from adopting an amendment to this agreement that is not recommended by the Executive Committee.

C. Agencies, as defined in the Joint Exercise of Powers Act , which are not parties hereto, may become Parties hereto only by amendment to this Agreement and upon approval of all the Parties to this Agreement.

IX. Miscellaneous.

A. Notice. Whenever notice or other communication is permitted or required by this Agreement, it shall be in writing and shall be deemed effectively given upon the earlier of actual receipt or (i) personal delivery to the party to be notified; (ii) when sent, if sent by electronic mail or facsimile during the recipient’s normal business hours, and if not sent during normal business hours, then on the recipient’s next business day; (iii) five (5) calendar days after having been sent by registered or 45

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certified mail, return receipt requested, postage prepaid; or (iv) one (1) business day after the business day of deposit with a nationally recognized overnight courier, freight prepaid, specifying next -day delivery, with written verification of receipt , and addressed as follows:
[Name]
[Title]
City of Fairfield
1000 Webster Street
Fairfield, CA 94533
[email address]

[Name]
[Title]
City of Benicia
250 East L Street
Benicia, CA 94510
[email address]
[Name]
[Title]
City of Dixon
600 East A
Dixon, CA 94520
[email address]

[Name]
[Title]
City of Vallejo
555 Santa Clara Street
Vallejo, CA 94590
[email address]
[Name]
[Title]
City of Rio Vista
One Main Street
Rio Vista, CA 94571
[email address]

[Name]
[Title]
City of Suisun City
701 Civic Center Blvd.

Suisun City, CA 94585
[email address]
[Name]
[Title]
Cordelia Fire Protection District
2155 Cordelia Road,
Fairfield, CA 94534
[email address]

[Name]
[Title]
Montezuma Fire Protection District
21 N 4th Street
Rio Vista, CA 94571
[email address]
[Name]
[Title]
East Vallejo Fire Protection District
[address 1]
[address 2]
[email address]

[Name]
[Title]
Dixon Fire Protection District
205 Ford Way
Dixon, CA 95620
[email address]
[Name]
[Title]
Suisun Fire Protection District
445 Jackson St
Fairfield, CA 94533
[email address]

[Name]
[Title]
Vacaville Fire Protection District
420 Vine St
Vacaville, CA 95688
[email address]
46

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A Party may change the address and email address to which notices shall be sent by giving notice of the change as provided herein.

B. Severability. Should any part, term, portion, or provision of this Agreement or the application thereof of any person or circumstances, be in conflict with any State or Federal law, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms, portions or provisions, or the application thereof to other persons or circumstances, shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be co nstrued in substance to continue to constitute the Agreement that the parties intended to enter into in the first instance.

C. Indemnification

1. Mutual Indemnity : The Parties agree that the City of Fairfield, shall indemnify, defend and hold all other Parties, including their officers, members, employees, and/or agents from any and all acts, claims, omissions, liabilities, and losses resulting in injuries or damages to persons and/or property which result from the negligent or wrongful acts or omissions of SCFE Manager, or its officers, employees, and/or agents in the performance of its duties under the scope of work set forth by this Agreement and under all applicable federal, state and local laws, rules and regulations. The Parties further agree that each non-SCFE Manager Party shall indemnify, defend and hold the City of Fairfield harmless, including its officers, employees, and/or agents from any and all acts, claims, omissions, liabilities, and losses resulting in injuries or damages to persons and/or property which result from the negligent or wrongful acts or omissions of the such non-SCFE Manager Party or its officers, members, agents and/or employees in the performance of its duties under the scope of work set forth herein and under all applicable state, federal and local laws, rules and regulations.

2. Comparative Negligence: In the event a third party claim or suit alleges concurrent negligence of SCFE Manager, its officers, employees , and/or agents, and all other Parties, their officers, employees, and/or agents, then the liability for any and all claims for injuries and damages to persons and/or property which arise out of this Agreement shall be apportioned under the established California theory of comparative negligence as it may be modified from time to time. The Parties shall each immediately notify the other in writing upon receiving notice of a claim or suit which includes, or reasonably may include, the other party. Prior to the separate settlement of any third-party court action against both SCFE Manager and any or all of the other Parties, the settling Party or Parties shall provide written notice to all Parties and the court pursuant to Code of Civil Procedure section 877.6 of the settlement regardless of whether a confidentiality agreement has been 47

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entered into by the settling Party or Parties.

D. Legal Representation and Advice.

1. SCFE, through SCFE Manager, shall retain counsel to provide legal advice and counsel to SCFE and SCFE Manager on legal matters and issues related to this Agreement and the SCFE services and programs set forth herein .

SCFE counsel fees and expenses shall be paid from the risk management reserve fund in section III.I.3., above.

2. The Parties other than the SCFE Manager shall obtain legal advice and counsel from their respective counsel regarding legal matters or issues related to this Agreement and the SCFE services and programs set forth herein. The costs for such legal advice and counsel shall be born by such other Parties.

E. Insurance.

1. SCFE shall maintain liability insurance to meet or exceed the insurance requirements set forth by the County of Solano as specified in the Ambulance Contract. The Ambulance Subcontractor, as defined in Section IV.A. of this Agreement, shall supply evidences of coverage required under the Ambulance Contract.

2. Each Party shall be responsible for maintaining a program of insurance that shall cover each Party's indemnification obligations.

F. Additional Document and Agreements. The parties agree to cooperate in the execution of any additional documents or agreements that may be required to carry out the terms of this Agreement.

G. Successors. This Agreement shall bind and inure to the benefit of all successors and assigns of the parties and any associates in interest, and their respective directors, officers, agents, servants, and employees, and the successors and assigns of each of them, separately and collectively.

H. Warranty of Legal Authority. Each party warrants and covenants that it has the present legal authority to enter into this Agreement and to perform the acts required of it hereunder.

I. Assignment/Delegation. No Party shall assign, sublet, or transfer any interest in this Agreement or any duty hereunder without written consent of the other Parties, which shall not be unreasonably withheld, and no assignment shall be of any force or effect whatsoever unless and until the other part ies shall have so consented.

Provided, however, that any Party may employ such consultants as it deems necessary.

J. No Third-Party Beneficiary. This Agreement is only for the benefit of the Parties 48

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as municipal or local governmental entities and shall not be construed as or deemed to operate as an agreement for the benefit of any third party or parties, and no third party or party shall have any right of action or obtain any right to benefits or position of any kind for any reason whatsoever.

K. Waiver. The failure of either party to insist upon strict performance of any of the terms, covenants, or conditions of this Agreement in any one or more instances shall not be construed as a waiver or a relinquishment of any such terms, covenants, or conditions and all of the same shall be in full force and effect.

L. Construction of Agreement .

1. The recitals set forth above are adopted as a part of the Agreement, and the Parties acknowledge and agree that the facts set forth therein are true, accurate, and complete.

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

3. The plural shall include the singular and the singular shall include the plural throughout the terms of this Agreement.

4. The Parties acknowledge that for purposes of construing this Agreement, none of the Parties shall be deemed to be the drafter.

5. The headings in this Agreement are for convenience of reference only and are not to be used in construing or interpreting any provision of this Agreement.

M. Dispute Resolution.

1. Mediation. Should any dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within 30 days of a request unless they mutually agree to a longer period.

The mediator shall be agreed to by the Parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by an agreed -upon service or parties themselves. The mediator shall be selected by a mutually agreed random selection. The cost of mediation shall be borne equally by the Parties. No Party shall be deemed the prevailing party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall not last more than 60 days, unless the 60 -day period is extended in writing by the Parties.

2. Venue. Venue for all legal actions, suits, or proceedings relative to the formation, interpretation , or performance of this Agreement shall be exclusively vested in the state courts of the County of Solano, 49

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notwithstanding the provisions of Code of Civil Procedure section 394.

3. Attorney’s Fees. In any legal action, suit, or proceeding brought to enforce or interpret any provision of this Agreement, or where any provision of this Agreement is validly asserted as a defense, the prevailing party or parties shall be entitled to recover from the oth er party or parties the reasonable attorney’s fees, costs, and expenses incurred in such action, suit, or proceeding, in addition to any other relief to which the prevailing party or parties may be entitled.

N. Entire Agreement. This document is intended both as the final expression of the Agreement between the parties hereto with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. This Agreement may be transmitted electronically and executed in counterparts, each such executed electronic copy shall be admissible for any purpose and in any judicial or administrative proceeding as evidence of the agreement between the Parties.

O. Counterparts. This Agreement may be executed in any number of counterparts, all of which shall constitute the agreement between the parties.

IN WITNESS WHEREOF, the parties hereto, acting by and through their duly authorized representatives, have executed this Agreement as of the day and year first above written:

CITY OF FAIRFIELD

_______________________________
[Name]
[Title]
_____________
Date

CITY OF BENICIA

_______________________________
[Name]
[Title]
_____________
Date

CITY OF DIXON

_______________________________
[Name]
[Title]
_____________
Date

CITY OF VALLEJO

_______________________________
[Name]
[Title]
_____________
Date

CITY OF RIO VISTA

_______________________________

CITY OF SUISUN CITY

_______________________________
50

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[Name]
[Title]
_____________
Date

CORDELIA FIRE PROTECTION

DISTRICT

_______________________________
[Name]
[Title]
_____________
Date

MONTEZUMA FIRE PROTECTION

DISTRICT

_______________________________
[Name]
[Title]
_____________
Date

EAST VALLEJO FIRE PROTECTION

DISTRICT

_______________________________
[Name]
[Title]
_____________
Date

DIXON FIRE PROTECTION DISTRICT

_______________________________
[[Name]
[Title]
_____________
Date

SUISUN FIRE PROTECTION DISTRICT

_______________________________
[Name]
[Title]
_____________
Date

VACAVILLE FIRE PROTECTION

DISTRICT

_______________________________
[Name]
[Title]
_____________
Date

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52 AGENDA ITEM NO. 14

AGENDA TRANSMITTAL

MEETING DATE:

December
5, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-___: Approving the Appointment of one Representative and one Alternate to the Technical Advisory Committee (TAC) for the Community Action Partnership (CAP) of Solano Joint Powers Authority (JPA).. - (Lofthus:
[email protected]).

FISCAL IMPACT:

There is no known fiscal impact.

STRATEGIC PLAN:

Provide Good Governance.

BACKGROUND:

In 1999, the County and cities within Solano County established a Joint Powers Authority (“Solano Safety Net Consortium” or “SSNC”) for the purpose of providing oversight and coordination of homeless and safety net services; to receive safety net funding and administer such funding including making grants available to non-profit entities for the provision of homeless services; and to provide centralized guidance and oversight for homeless housing services, community action councils, and other safety net services.

In 2006, SSNC was renamed Community Action Partnership of Solano, Joint Powers Authority or CAP Solano JPA to reflect the national trend of community organizations and local governments working together in partnership to reduce homelessness and provide basic safety net services. CAP Solano JPA is the collaborative applicant for federal Housing and Urban Development (HUD) funds, the Homeless Management Information Systems (HMIS) lead agency, and the recipient of the County’s Community Service Block Grant funds (CSBG) from the State of California.

On March 15, 2022 the City Council adopted resolution 2022-40 affirming the Council’s support for amending the governance structure of the CAP Solano JPA agreement to specifically include elected officials from the partnering Cities and the County on the newly constituted Board of Directors.

The Joint Exercise of Powers Agreement for CAP Solano JPA included the creation of a Technical Advisory Committee (“TAC”). At that time, former Suisun City Housing Manager was appointed by name to the newly constituted Technical Advisory Committee

STAFF REPORT:

Staffing changes necessitate an amendment to the resolution. Council is requested to adopt a resolution appointing staff, by position, to TAC to ensure continuity in regional participation. One appointment must be a trained/technical staff member. The JPA Board establishes procedures and regulations for the function of the TAC committee as the Board deems appropriate. The TAC committee provides technical advice and assistance and perform such other duties as are delegated by the Board.

Staff is requesting the City Council to appoint the Housing Programs Manager as the standing TAC representative for Suisun City and Deputy City Manager as the Alternate.

53 STAFF RECOMMENDATION:

DOCUMENTS ATTACHED:
1 .

Resolution Approving Appointment of Representative and Alternate to the Technical Advisory Committee (TAC) for the Community Action Partnership (CAP) of Solano Joint Powers Authority (JPA).

PREPARED BY:

Kris Lofthus, Deputy City Manager
REVIEWED BY:

Aaron Roth, Interim City Manager
APPROVED BY:

Aaron Roth, Interim City Manager

ATTACHMENTS:

1. Resolution Approving Appointment of Representative and Alternate to the CAP Solano JPA Technical Advisory Committee.pdf
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28 RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY

APPROVING THE APPOINTMENT OF ONE REPRESENTATIVE AND ONE

ALTERNATE TO THE TECHNICAL ADVISORY COMMITTEE (TAC) FOR THE

COMMUNITY ACTION PARTNERSHIP (CAP) OF SOLANO JOINT POWERS AUTHORITY (JPA).

WHEREAS, in 1999, through a collaborative effort between Solano County and various cities, the Community Action Partnershi p (CAP) Solano Joint Powers Authority (JPA), formerly known as the Solano Safety Net Consortium (“SSNC”), was formed to address poverty and homelessness on a countywide basis; and WHEREAS, in 2006 SSNC was renamed Community Action Partnership of Solano, Joint Powers Authority or CAP Solano JPA to reflect the national trend of community organizations and local governments working together in partnership to reduce homelessness and provide basic safety net services. CAP Solano JPA is the collaborative applicant for federal Housing and Urban Development (HUD) funds, the Homeless Management Information Systems (HMIS) lead agency, and the recipient of the County’s Community Service Block Grant funds (CSBG) from the State of California; and WHEREAS, on March 15, 2022 the City Council adopted resolution 2022 -40 affirming the Council’ s support for amending the governance structure of the CAP Solano JPA agreement which included the creation of a Technical Advisory Committee; and WHEREAS, additionally, on March 15, 2022 , by resolution 2022 -40, the City Council appointed staff to serve on the CAP Solano JPA Technical Advisory Committee (“TAC”); and
WHEREAS, due to staffing necessities, council is requested to reappoint staff , by position, to the TAC by position to ensure for continuity in regional participation; and

NOW THEREFORE, THE COUNCIL OF THE CITY OF SUISUN CITY HEREBY RESOLVES:

1. Appointments to the CAP Solano JPA Technical Advisory Committe e, made by Resolution 2022-40, are hereby rescinded.

2. The City Council hereby a ppoints Housing Programs Manager as the City’s Representative to the CAP Solano JPA Technical Advisory Committee and the Deputy City Manager as the Alternate Representative
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City held on Tuesday the 5th day of December 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 5th day of December 2023.

Anita Skinner, City Clerk
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56 AGENDA ITEM NO. 15

AGENDA TRANSMITTAL

MEETING DATE:

December
5, 2023

CITY AGENDA ITEM:

Suisun City Municipal Code Update:

a
.

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
b
.

FISCAL IMPACT:

Unknown at this time; increased costs related to enforcement will depend on policy direction.

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.

Recently, the Council considered and adopted updates to Chapters 8.08 (Solid Wastes) and 8.12 (Public Nuisances). In order to more efficiently enforce the updated ordinances, as well as any other code provision, the City Attorney’s Office proposes to update the civil fines provisions in the municipal code, removing references to specific civil fine amounts from the municipal code, and adoption of a civil fine schedule by city council resolution.

The City Council voted 5-0 to introduce the ordinance during a regular meeting held on November 21, 2023.

STAFF REPORT:

Proposed Ordinance

The proposed ordinance repeals Chapter 1.16, update Chapter 1.08, revises and clarifies the entirety of Chapter 1.20, and updates and removes provisions throughout the code imposing civil fines for violations, so that such civil fines can be adopted by resolution of the City Council.

The ordinance will make the following changes:

57 (i) Amend Section 1.08.030 such that the fines for infractions will track the fine Government 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 to the language 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.

(ii) Repeal Chapter 1.16 (Administrative Compliance Orders) of the SCMC as it is duplicative of other provisions in the SCMC and is currently not being utilized.

(iii) Amend Chapter 1.20 (Administrative Citations) to clarify the process for the issuance of administrative citations and imposition of civil fines for violations of SCMC provisions. Some examples include added 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.

(iv) In order to make civil fines more consistent and easier to determine, a number of additional code sections that include specific fine amounts are being amended to remove the specific amounts and to refer to the administrative fine schedule, as adopted by the City Council. (Note that Section 18.86.070 also will be amended, but will need to be reviewed by Planning Commission before it can be amended.

That process has been started, and the ordinance will come to the Council in the near future.)

(iv) At Council’s direction, the language has been added to Section 1.20.140 to provide the Council the discretion to waive payment of fines by individuals who lack the means:

C. A hardship waiver may be applied by any person who is unable to pay the fines. A hardship waiver application shall be made at the time of filing an appeal, in accordance with Section 1.20.080 (Advance deposit hardship waiver); or within 30 days of the date the fine assessment becomes final. A hardship waiver timely filed within 30 days of the date the fine assessment becomes final shall be accompanied by such relevant information and documentation as may be reasonably necessary to verify such status. Hardship for an individual shall include, but not be limited to, (1) a person who is receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplemental Payments (SSP) programs (Sections 12200 to 12205, inclusive, of the California Welfare and Institutions Code), the California Work Opportunity and Responsibility to Kids Act (CalWORKs) program (Chapter 2, commencing with Section 11200 of Part 3 of Division 9 of the California Welfare and Institutions Code), the Food Stamp program (7 U.S.C. Section 2011 et seq.) or Section 17000 of the Welfare and Institutions Code; (2) a person whose monthly income is 125% or less of the current monthly poverty line annually established by the Secretary of Health and Human Services pursuant to the Omnibus Budget Reconciliation Act of 1981, as amended. The City Council shall hear and make a final determination on a hardship waiver seeking relief from the payment of fines.

Proposed Resolution

Additionally, this agenda item proposes a resolution which would establish the administrative penalty schedule by setting forth the fines for violations of the municipal code.

The resolution proposes three tiers of penalty fines for violations of the SCMC. It should be noted that the Council can provide direction on amounts and how many tiers, the resolution is a template and can be easily amended.

58 Tier 1 fines would be $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, and match the fines provided in the Government Code for infractions.

Tier 2 Fines would be $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 Fines would be $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.

Currently, no violations of the SCMC would trigger Tier 3 fines; the Council, at its discretion, can amend the resolution at any time to add particular code sections that should be fined at Tier 3.

The resolution also establishes that any penalty amount imposed pursuant to Chapter 1.20 of the SCMC 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. The delinquent penalty is also a suggestion and can be removed or changed at council’s direction.

STAFF RECOMMENDATION:

It is recommended that the City Council:
a
.

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
b
.

DOCUMENTS ATTACHED:
1 .

Ordinance Amendment Civil Fines Changes Redline Version 2 .

Ordinance Amendment Civil Fines Changes Clean Version
3 .

Resolution Establishing the Administrative Penalty Schedule for Violations of the Suisun City Municipal Code.

PREPARED BY:

Elena Gerli, City Attorney
REVIEWED BY:

Aaron Roth, Interim City Manager
APPROVED BY:

Aaron Roth, Interim City Manager

ATTACHMENTS:

1. Ordinance Amendment Civil Fines Changes Redline Version.pdf

2. Ordinance Amendment Civil Fines Changes Clean Version.pdf

3. Resolution Establishing the Administrative Penalty Schedule for Violations of the Suisun City Municipal Code - adoption.pdf
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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.
60 Ordinance No. ____
Adopted November ___, 2023

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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;
61 Ordinance No. ____
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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 62 Ordinance No. ____
Adopted November ___, 2023

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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 63 Ordinance No. ____
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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. 64 Ordinance No. ____
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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. 65 Ordinance No. ____
Adopted November ___, 2023

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

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 officer’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. 66 Ordinance No. ____
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C. A hardship waiver may be applied by any person who is unable to pay the fines.

A hardship waiver application shall be made at the time of filing an appeal, in accordance with Section 1.20.080 (Advance deposit hardship waiver) ; or within 30 days of the date the fine assessment becomes final. A hardship waiver timely filed within 30 days of the date the fine assessment becomes final shall be accompanied by such relevant information and documentation as may be reasonably necessary to verify such status. Hardship for an individual shall include, but not be limited to, (1) a person who is receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplemental Payments (SSP) programs (Sections 12200 to 12205, inclusive, of the California Welfare and Institutions Code), the California Work Opportunity and Responsibility to Kids Act (CalWORKs) program (Chapter 2, commencing with Section 11200 of Part 3 of Division 9 of the California Welfare and Institutions Code), the Food Stamp program (7 U.S.C. Section 2011 et seq.) or Section 17000 of the Welfare and Institutions Code; (2) a person whose monthly income is 125% or less of the current monthly poverty line annually established by the Secretary of Health and Human Services pursuant to the Omnibus Budget Reconciliation Act of 1981, as amended. The City Council shall hear and make a final determination on a hardship waiver seeking relief from the payment of fines.

1.20.150 - Judicial review.

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.

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 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 67 Ordinance No. ____
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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.

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 Procedure.

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.

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.

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 68 Ordinance No. ____
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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.

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. Each day of a violation of this chapter shall be deemed a new violation.

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. 69 Ordinance No. ____
Adopted November ___, 2023

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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.

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 S afety 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 as set by city council resolution.

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 civil liability upon the owners of residential real property for all violations of this code existing on their residential real property.
70 Ordinance No. ____
Adopted November ___, 2023

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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 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 legal 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.

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 in 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.
71 Ordinance No. ____
Adopted November ___, 2023

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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 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.

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:

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.

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 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 in 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:
72 Ordinance No. ____
Adopted November ___, 2023

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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 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:

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

B. Any person, firm, corporation or other entity which violates any of the provisions of this chapter including any of the codes adopted by reference, or who violates or fails to comply with any order made thereunder, or who builds in violation of any 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 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.
73 Ordinance No. ____
Adopted November ___, 2023

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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.

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 prosecut ion 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.

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 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.

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
74 Ordinance No. ____
Adopted November ___, 2023

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ATTEST:

Anita Skinner, City Clerk

APPROVED AS TO FORM
AND LEGAL CONTENT:

Aleshire & Wynder, LLP

_______________________________
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

75 01107.0028/941722.1
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