Agenda packet — Suisun City City Council, June 3, 2025

CITY COUNCIL
Alma Hernandez, Mayor
Jenalee Dawson, Mayor Pro Tem
Amit Pal, Councilmember
Parise Shepherd, Councilmember
Princess Washington, 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 SUISUN CITY HOUSING AUTHORITY

TUESDAY, JUNE
3, 2025
6:30 PM

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

REVISED CITY COUNCIL MEETING AGENDA

MEETINGS ARE HELD IN-PERSON, PUBLIC PARTICIPATION IS ALSO AVAILABLE VIA ZOOM

ZOOM MEETING INFORMATION:

WEBSITE: https://zoom.us/join
MEETING ID:
881 3612 3296
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. – 819)
(Next City Council Res. No. 2025 – 48)
Next Suisun City Council Acting as Successor Agency Res. No. SA2025 - 02) (Next Housing Authority Res. No. HA2025 – 03)

CALL TO ORDER
Mayor Hernandez

ROLL CALL
Council / Board Members

PLEDGE OF ALLEGIANCE

INVOCATION

1 1.

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

2. City Attorney Report - (Enright).

3. Approving Appointments to the Environment and Climate Community Advisory Committee (Hernandez: [email protected]).

4. Consideration of Removal of Lilia Dardon from Recreation, Parks, Marina and Arts Commission under Suisun City Municipal Code Section 2.16.020 and Suisun City Council Norms and Procedures Section 5.7(c) at Request of Mayor Hernandez - (City Attorney).

5. Kellogg Resiliency Project - (Jordan Damerel).

6. Council Adoption of Resolution No. 2025-___: Authorize Payment in the Amount of $44,640.61 to Riverview International Trucks, LLC. for Repairs to Truck 47 - (Lopez:

[email protected]).

7. Council Adoption of Resolution No. 2025-___: Approving the Alignment of Compensation and Benefits for the Public Safety Dispatch Police Records Supervisor Classification with the Terms of the Suisun City Police Officers Association (SCPOA) Memorandum of Understanding (MOU) - (Penland: [email protected]).

Suisun City Council Acting as Successor Agency / Housing Authority

8. Agreement with Kosmont Realty for Real Estate Advisory and Surplus Land Act Due- Diligence Service - (Prebula: [email protected]).
a
.

Successor Agency Adoption of Resolution No. SA 2025-___: Approving an Agreement with Kosmont Real Estate for Pre-disposition Real Estate Advisory and Surplus Land Act Due-Diligence Services in Connection with Various City-Owned

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.)

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

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

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

2 Properties within Suisun City.
b
.

Housing Authority Adoption of Resolution No. HA 2025-___: Approving an Agreement with Kosmont Real Estate for Pre-disposition Real Estate Advisory and Surplus Land Act Due-Diligence Services in Connection with Various City-Owned Properties within Suisun City.

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

9. City Council/Successor Agency/Housing Authority Approval of the Minutes of the Meetings of the Suisun City Council, Suisun City Council Acting as Successor Agency, and Housing Authority held on May 6, May 13, and May 20, 2025. – (Skinner: [email protected]).

10. Council Introduction and Waive Reading of Ordinance No. __: An Ordinance of the City Council of the City of Suisun City, California, Reaffirming Policy 706 Relating to the Police Department’s Use of Military Equipment, in Accordance with Assembly Bill 481 (Roth:

[email protected]).

11. Council Introduction and Waive Reading of Ordinance No. ___; An Ordinance of the City of Suisun City, California, Repealing and Replacing Chapter 12.24 (Camping on Public Property) of Title 12 (Streets, Sidewalks and Public Places) of the Suisun City Municipal Code with Chapter 12.24 (Prohibition Against Certain Conduct on Public and Private Property) - (City Attorney).

Housing Authority

12. Housing Authority
Adoption of Resolution No. HA 2025-___: Approving Revisions to the Housing Choice Voucher Administrative Plan Required by the United States Department of Housing and Urban Development - (Goltiao: [email protected]).

13. Council Adoption of Resolution No. 2025 -__: A Resolution of the City Council of the City of Suisun City, California, Adopting Rules of Procedures and Conduct of Commissioners, Committee Members, and Board Members - (City Attorney).

14. Non-Discussion Items.

PUBLIC HEARING

GENERAL BUSINESS

COUNCIL COMMENTS

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 3 Chambers during the meeting for public review. The city may charge photocopying charges for requested copies of such documents. To the extent feasible, the agenda packet is available for online public viewing on the City’s website: https://www.suisun.com/Government/City-

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

Accommodations
If you require an accommodation to participate in this meeting, please contact the City Clerk at (707) 421-7302 or [email protected]. The City’s reasonable accommodation policy is available for review on the City’s website at www.suisun.com/government/city-council/, you may request an electronic copy or have a copy mailed to you. Please note that for accommodations that are not readily available, you must make your request as soon as you can prior to the time of the meeting.

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

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

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

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

I, Ashley Nash, Administrative Assistant II for the City of Suisun City, declare under penalty of perjury that the above agenda was posted and available for review, in compliance with the Brown Act. 4 AGENDA ITEM NO. 4.

AGENDA TRANSMITTAL

MEETING DATE:

June
3, 2025

AGENDA ITEM:

Consideration of Removal of Lilia Dardon from Recreation, Parks, Marina and Arts Commission under Suisun Municipal Code Section 2.16.020 and Suisun City Council Norms and Procedures Section 5.7(c) at Request of Mayor Hernandez.

FISCAL IMPACT:

None.

STRATEGIC PLAN:

Good Governance.

BACKGROUND:

Commissioner Dardon was appointed to the Recreation, Parks, Marina and Arts Commission (“
RPMA
”) in February 2023 for a four-year term. Mayor Hernandez is requesting that Commissioner Dardon be removed as Commissioner under Suisun Municipal Code § 2.16.020 and the Suisun City Council Norms and Procedures § 5.7(c). Mayor Hernandez has received numerous complaints concerning Commissioner Dardon, including:

Formal complaint from a Suisun City staff member that was relayed via their Department Head.

Two formal complaints from City Councilmembers.

Formal complaints from RPMA Commissioners.

Multiple written complaints from Suisun City residents.

The request from the Mayor is for the removal of Commissioner Dardon with the approval of the City Council as set forth in Government Code § 40605, Suisun Municipal Code Chapter 2.16 and the Suisun City Council Norms and Procedures § 5.7(c).

STAFF REPORT:

Government Code § 40605 provides that in general law cities where the office of mayor is an elective office, the mayor, with the approval of the city council, shall make appointments to boards, commissions, and committees unless otherwise explicitly provided by statute. Suisun City Municipal Code Section 2.16.020 establishes the Recreation, Parks, and Marina Commission, consisting of seven persons appointed by the Mayor and approved by the City Council. Members of the commission shall serve terms of four years. Suisun City Council Norms and Procedures provide that the City Council may, by a majority vote, expel a member from any City Body (defined as boards, commissions, and committees) for behavior that violates the Norms and Procedures. The general rule is that a commissioner serves at the pleasure of the appointing power and may be terminated for any reason, without cause, notice, or a hearing, as long as the reason for removal is not unconstitutional ( Kimura v.

Roberts
(89 Cal.App.3d 871 (1979).

Appointed officers hold office at the pleasure of the City Council. (Government Code § 36506, 40605) Government Code § 36506 applies to the appointment of commissioners for general law cities where the office of mayor is not an elective office. The exact process applies, but instead of the mayor 5 making the appointment, it is made by a majority of the City Council. One similar case involved the removal of a human rights commissioner because his statements condemning homosexuality did not violate his freedom of expression or the Establishment Clause. ( Lumpkin v. Brown
(9th Cir 1997) 109
F.3d 1498.

Similar to a Human Relations Board, the RMPA Commission is responsible for making recommendations regarding parks, recreation programs, operational policies, and other matters applicable to parks and recreation, the marina, community arts and cultural affairs, and recreational facilities. Also, to assist in the planning, development and review of recreational facilities, public parks, public recreation, community art and cultural affairs, and services managed and provided by or offered through the recreation, parks, and marina and public works department to meet the needs of the community (SMC § 2.16.100) As the 9th Circuit put stated it: “Because the Human Rights Commission formulates, implements, and explains the City antidiscrimination policies, the City has not only a legitimate, but a heightened expectation that its Human Rights Commissioners refrain from speaking publicly in a way that mocks the City’s antidiscrimination policy.” Likewise, here, the City may have a heightened expectation that its Commissioners refrain from speaking publicly in a way that denigrates any particular group or event using the City facilities.

STAFF RECOMMENDATION:

If City Council determines to remove Ms. Dardon from the Recreation, Parks, Marina, and Arts Commission, the Council will need to approve a motion with three affirmative votes, providing; “Motion to remove Lilia Dardon from the Recreation, Parks, Marina, and Arts Commission under Suisun City Municipal Code § 2.16.020 and Suisun City Council Norms and Procedures § 5.7(c).”

DOCUMENTS ATTACHED:
1 .

Suisun City Municipal Code Chapter 2.16 Parks and Recreation Commission 2 .

Suisun City Council Norms and Procedures
3 .

RPMA Commissioner Handbook and Presentation (Presented at April 2, 2025 RPMA meeting)

PREPARED BY:

Patrick Enright, City Attorney
REVIEWED BY:

Patrick Enright, City Attorney
APPROVED BY:

Bret Prebula, City Manager

ATTACHMENTS:

1. Suisun City Municipal Code Chapter 2.16 Parks and Recreation Commission.pdf

2. 2024-143
Amending Norms and Procedures and Relevant Policies FINAL 2024 10 15.pdf

3. RPMA Commissioner Handbook.pdf
.
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THIS PAGE INTENTIONALLY LEFT BLANK
52 AGENDA ITEM NO. 6.

AGENDA TRANSMITTAL

MEETING DATE:

June
3, 2025

AGENDA ITEM:

Council Adoption of Resolution No. 2025-___: Authorize Payment in the Amount of $44,640.61 to Riverview International Trucks, LLC. for Repairs to Truck 47.

FISCAL IMPACT:

Annual apparatus maintenance is a regular expense included in the Fiscal Year 2024-25 budget, which is sufficient to cover the proposed expenditure.

STRATEGIC PLAN:

Ensure Public Safety

BACKGROUND:

The Fire Department’s 100-foot aerial ladder truck, a 2008 Hi Tech Spartan Chassis fire truck has been out of service for a portion of 2024 and 2025 due to major engine and transmission repairs. The ladder truck required a new transmission installed and major engine repairs totaling $71,559.33.

In October of 2024, shortly after the ladder truck returned, it was sent back to Riverview International after it was discovered there was oil leaking into the exhaust. Upon further examination of the ladder truck, it was determined that there were continued problems with the engine requiring additional repairs to the valves and cylinder heads. These repairs also include regular annual maintenance to the ladder trucks outriggers, hoselines, oil and filter changes totaling $44,640.61.

STAFF REPORT:

As Truck 47 approaches the end of its 20-year service life, we are seeing increased maintenance needs and a higher risk of catastrophic failures. These issues lead to significantly greater operational costs. Despite the challenges, the Ladder Truck remains a critical asset for serving and protecting our community, supporting infrastructure and maintaining our Insurance Services Office (ISO) Public Protection Classification which directly impacts insurance rates for residents and businesses.

Given its importance, it is imperative that the Fire Department continues to maintain Truck 47 until we are fiscally positioned to replace the unit.

STAFF RECOMMENDATION:

It is recommended that the City Council adopt: Council Adoption of Resolution No. 2025-___: Authorize Payment in the Amount of $44,640.61 to Riverview International Trucks, LLC. for Repairs to Truck 47.

DOCUMENTS ATTACHED:
1 .

Council Adoption of Resolution No. 2025-___: Authorize Payment in the Amount of $44,640.61 to Riverview International Trucks, LLC. for Repairs to Truck 47. 2 .

Riverview International Trucks, LLC Invoice

PREPARED BY:

Brad Lopez, Fire Chief
REVIEWED BY:

Brad Lopez, Fire Chief
53 APPROVED BY:

Bret Prebula, City Manager

ATTACHMENTS:

1. Resolution No. 2025-___: Authorize Payment in the Amount of $44,640.61 to Riverview International Trucks, LLC. for Repairs to Truck 47

2. Riverview International LLC Truck 47 Invoice.pdf
54 RESOLUTION NO. 20 25-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY TO AUTHORIZE PAYMENT IN THE AMOUNT OF $ $44,640.61 TO RIVERVIEW INTERNATIONAL TRUCKS, LLC. FOR REPAIRS TO TRUCK 47.

WHEREAS, Riverview International Trucks, LLC., has been providing mechanical repairs and service to the department for the last 2 years; and WHEREAS, in 2024, Truck 47 experienced two catastrophic failures related to the transmission and the engine block; and
WHEREAS, In October 2024, the ladder truck was sent to Riverview International Trucks, LLC., for additional repairs to the engine block, valves, and cylinder heads; and WHEREAS, the total cost of the repairs was $44,640,64; and WHEREAS, these unforeseen mechanical issues have added to the already high cost of annual maintenance; and
NOW, THEREFORE, be it here resolved by the City Council of Suisun City does hereby authorize the payment of $446,640.64 to Riverview International Trucks, LLC. for the necessary repairs preformed on Truck 47
PASSED AND ADOPTED at a regular meeting of said City Council held on Tuesday, the 3rd day of June 2025 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 3rd day of June 2025.

Anita Skinner,
City Clerk

55 56
57 58
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61 62
AGENDA ITEM NO. 7.

AGENDA TRANSMITTAL

MEETING DATE:

June
3, 2025

AGENDA ITEM:

Council Adoption of Resolution No. 2025-___: Approving the Alignment of Compensation and Benefits for the Public Safety Dispatch Police Records Supervisor Classification with the Terms of the Suisun City Police Officers Association (SCPOA) Memorandum of Understanding (MOU).

FISCAL IMPACT:

The costs associated with aligning the Dispatch Supervisor’s compensation and benefits with those of the Dispatchers are accounted for in the Police Department Budget.

STRATEGIC PLAN:

Provide Good Governance.

BACKGROUND:

On March 7, 2025, the City of Suisun City, the Suisun City Management and Professional Employees Association (SCMPEA), and the Suisun City Police Officers Association (SCPOA) executed a Stipulation and Agreement transferring the Public Safety Dispatch Police Records Supervisor classification from the SCMPEA bargaining unit to the SCPOA bargaining unit. This unit modification was formally recognized by all parties upon execution of the agreement.

Historically, the Dispatch Supervisor classification has been placed in the SCMPEA bargaining unit.

However, the position has remained vacant and unfunded for several years and was not included in SCPOA's 2021 petition to transfer Dispatchers from the SCEA unit. The classification was reinstated in the Police Department’s FY 2024-25 budget and is now being filled.

While unit representation was modified through the executed stipulation and agreement, an amendment to the SCPOA MOU would typically be required to implement compensation and benefit changes.

Given that the City is currently in negotiations with SCPOA for a successor MOU, the parties opted to take the executed stipulation and agreement directly to City Council to authorize alignment of the Supervisor’s compensation and benefits, in lieu of amending the current MOU.

STAFF REPORT:

The purpose of this action is to align the compensation and benefits for the Public Safety Dispatch Police Records Supervisor with those currently provided to Dispatchers under the SCPOA MOU. This includes, but is not limited to special pay, overtime, leave accruals, and other applicable provisions.

This realignment ensures internal equity and consistency for classifications performing similar work under the same department and supervision structure. This alignment will take effect upon City Council adoption of the resolution.

Therefore, it is recommended that the City Council adopt the attached resolution authorizing the alignment of the compensation, benefits, and other terms and conditions of employment for the Public Safety Dispatch Police Records Supervisor classification with those provided to the Dispatcher classifications under the current MOU with the SCPOA.

63 STAFF RECOMMENDATION:

It is recommended hat the City Council adopt: Council Adoption of Resolution No. 2025-___: Approving the Alignment of Compensation and Benefits for the Public Safety Dispatch Police Records Supervisor Classification with the Terms of the Suisun City Police Officers Association (SCPOA) Memorandum of Understanding (MOU).

DOCUMENTS ATTACHED:
1 .

Stipulation and Agreement Between the City of Suisun City, SCMPEA and SCPOA

PREPARED BY:

Christina Penland, Human Resources Administrator
REVIEWED BY:

Bret Prebula, City Manager
APPROVED BY:

Bret Prebula, City Manager

ATTACHMENTS:

1. Resolution Dispatch Supervisor Unit Modification

2. Stipulation and Agreement Dispatch Supervisor Unit Modification .
64 Resolution No. 2025-___
Adopted June 3, 2025

Page 1 of 2 ends

RESOLUTION NO. 2025-___

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

AUTHORIZING THE ALIGHMENT OF COMPENSATION AND BENEFITS FOR THE

PUBLIC SAFETY DISPATCH POLICE RECORDS SUPERVISOR CLASSIFICATION

WITH THE TERMS OF THE SUISUN CITY POLICE OFFICERS ASSOCIATION (SCPOA) MEMORANDUM OF UNDERSTANDING (MOU)

WHEREAS, the Public Safety Dispatch Police Records Supervisor classification has historically been represented by the Suisun City Management and Professional Employees Association (SCMPEA); and
WHEREAS, on March 7, 2025, the City of Suisun City, SCMPEA, and the Suisun City Police Officers Association (SCPOA) executed a Stipulation and Agreement transferring the representation of the Public Safety Dispatch Police Records Supervisor classification from SCMPEA to SCPOA; and
WHEREAS, the executed Stipulation and Agreement formally recognizes the unit modification and assigns the SCPOA as the exclusive representative for the classification for purposes of collective bargaining; and
WHEREAS, while such unit modifications are typically accompanied by a formal amendment to the MOU, the City and SCPOA mutually agreed to defer a formal MOU amendment due to current ongoing labor negotiations, and instead bring the matter directly to the City Council for authorization of compensation and benefit alignment; and WHEREAS, the City Council desires to authorize that the compensation, benefits and other terms and conditions of employment for the Public Safety Dispatch Police Records Supervisor be aligned with those currently provided to the Dispatcher classification under the SCPOA MOU; and
WHEREAS, the Police Department has conducted an internal recruitment and identified an internal candidate to fill the Dispatch Supervisor role; and WHEREAS, with approval of this action, the Department will proceed to fill the position, and there is no increase in cost to the Department’s budget as the Supervisor position was created by converting an existing Dispatcher position and the associated benefits and compensation were already budgeted for in the current fiscal year;
65 Resolution No. 2025-___
Adopted June 3, 2025

Page 2 of 2 ends

WHEREAS, this action promotes internal equity and ensures consistency for classifications performing related duties under the same departmental structure;

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

1. The City Council hereby authorizes the alignment of compensation, benefits and other terms and conditions of employment for the Public Safety Dispatch Police Records Supervisor classification with those currently in effect for the Dispatcher classification under the existing SCPOA Memorandum of Understanding.

2. This alignment shall take effect immediately upon adoption of this resolution and shall remain in effect unless modified through future negotiations or Council action.

3. The City Manager or designee is hereby authorized and directed to take any and all actions necessary to implement this resolution.

PASSED AND ADOPTED at a Regular Meeting of said City Council of the City of Suisun City duly held on Tuesday, the 3rd day of June 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 3rd day of June 2025.

Anita Skinner
City Clerk
66 Unit ModiﬁcaƟon – Dispatch Supervisor Page 1 of 3

STIPULATION AND AGREEMENT

BETWEEN THE CITY OF SUISUN CITY , SUISUN CITY MANAGEMENT AND PROFESSIONAL EMPLOYEES’ ASSOCIATION AND THE SUISUN CITY POLICE OFFICERS’ ASSOCIATION

This SƟpulaƟon and Agreement ("Agreement") is made and entered into on the 7th day of March, 2025, pursuant to SecƟon 3507 of the Meyers-Milias-Brown Act ("MMBA") and Sec Ɵons 10 and 11 of the City's Employer-Employee RelaƟons ResoluƟon No. 74-33 ("EERR"), by and between the City of Suisun City (hereinaŌ er "City"), the Suisun City Management and Professional Employees AssociaƟon ("SCMPEA"), and the Suisun City Police Oﬃcers Associa Ɵon ("SCPOA") (collec Ɵvely, "ParƟes").

RECITALS

1. Prior Agreement on Dispatcher Representa Ɵ on. On August 31, 2021, the City, SCPOA, and the Service Employees Interna Ɵonal Union, Local 1021 ("SCEA") executed a S ƟpulaƟon and Agreement transferring the d ispatcher classiﬁca Ɵon from SCEA representa Ɵon to SCPOA representaƟon.

2. EliminaƟ on and Reinstatement of the Dispatch Supervisor PosiƟ on. Between January 2021 and July 2024, the Police Records and Public Safety Dispatch Supervisor ("Dispatch Supervisor") posiƟon was eliminated from the Police Department budget . Consequently, it was not included in the prior unit modiﬁcaƟon due to its vacant and unfunded status. In July 2024, the Dispatch Supervisor posiƟon was reinstated in the Police Department Budget.

3. Historical Placement of the Dispatch Supervisor Posi Ɵ on. The Dispatch Supervisor classiﬁcaƟon has historically been included in the SCMPEA bargaining unit rather than the SCEA unit. When SCPOA peƟƟ oned to modify SCEA’s unit in2021 to transfer Dispatchers, the Dispatch Supervisor posiƟon remained under SCMPEA as it was vacant and unfunded at the Ɵme. As a result, no peƟƟ on was made to modify SCMPEA’s unit to transfer the classiﬁcaƟon.

4. Current RepresentaƟ on and Unit Alignment . In July 2023, the City Council approved two separate Memoranda of Understanding (MOUs):
 SCMPEA MOU (2023-2025): Governing the Dispatch Supervisor classiﬁcaƟon.  SCPOA MOU (2023-2025): Governing the dispatcher classiﬁcaƟon.

5. Reinstatement of the Dispatch Supervisor PosiƟ on. The ParƟes mutually recognize the need for a unit modiﬁca Ɵon to align the Dispatch Supervisor classiﬁca Ɵon with the dispatcher classiﬁcaƟon in SCPOA’s bargaining unit prior to ﬁlling the vacancy. This alignment ensures that the Dispatch Supervisor is represented within a bargaining unit that shares common skills, working condi Ɵons, job du Ɵes, and educa Ɵonal requirements, facilita Ɵng more eﬀecƟve representaƟon on wages, hours, and other terms of employment.

6. Intent to Maintain Harmonious Labor Rela Ɵ ons. The ParƟes seek to promote harmonious labor relaƟons by formally transferring the Dispatch Supervisor classiﬁcaƟon from SCMPEA to SCPOA.
67 Unit ModiﬁcaƟon – Dispatch Supervisor Page 2 of 3

AGREEMENT

1. IncorporaƟon of Recitals. The Recitals set forth above are material provisions of this Agreement and are incorporated herein by reference.

2. Approval of Unit ModiﬁcaƟon. The City Manager, acƟng as the Municipal Employee RelaƟons Oﬃcer, has determined that SCPOA is the appropriate unit to represent the Dispatch Supervisor classiﬁcaƟon in accordance with EERR No. 74-33. The unit modiﬁcaƟon shall become eﬀecƟve immediately upon execuƟon of this Agreement.

3. Agreement to Realign CompensaƟon, Beneﬁts, and Terms of Employment. The ParƟes agree to realign the compensaƟon, beneﬁts, and other terms of employment for the Dispatch Supervisor to be consistent with those provided to dispatchers under the SCPOA MOU.

4. City Council AuthorizaƟon for CompensaƟon, Beneﬁts, and Terms of Employment. While the unit modiﬁcaƟon is formally recognized through this Agreement, the implementaƟon of the realigned compensaƟon, beneﬁts, and terms of employment under the SCPOA MOU shall require City Council approval of a resoluƟon authorizing such changes.

5. ImplementaƟon of CompensaƟon, Beneﬁts, and Terms of Employment. Upon City Council approval of the resoluƟon, the Dispatch Supervisor shall receive the same compensaƟon, beneﬁts, and other terms of employment as provided to dispatchers under the SCPOA MOU.

The implementaƟon of these terms is conƟngent on City Council authorizaƟon.

6. Exclusive RepresentaƟon. SCPOA shall be recognized as the sole and exclusive representaƟve of the Dispatch Supervisor classiﬁcaƟon for collecƟve bargaining purposes regarding wages, hours, and other terms and condiƟons of employment immediately upon execuƟon of this Agreement.

7. No CompeƟng RepresentaƟon Claims. The ParƟes conﬁrm that no other labor organizaƟon claims to represent the Dispatch Supervisor classiﬁcaƟon or has expressed an intent to do so.

8. Full ResoluƟon of Disputes. This Agreement consƟtutes the full and ﬁnal resoluƟon of all claims and disputes related to the maƩers addressed herein.

9. Authority to Execute Agreement. The undersigned representaƟves aﬃrm that they have read and understood the terms of this Agreement and are authorized to execute it on behalf of their respecƟve organizaƟons.

-- SIGNATURES NEXT PAGE --

68 Unit ModiﬁcaƟon – Dispatch Supervisor Page 3 of 3

SIGNATORIES
For the City of Suisun City

________________________________
Bret Prebula, City Manager

________________________________
ChrisƟna Penland, HR Administrator

For SCMPEA

________________________________
Mary LaPlante, Managing Labor RelaƟons RepresentaƟve

________________________________
Amber Kent, President

________________________________
Dan Healy, Vice President

________________________________
Jose Colin, Secretary

For SCPOA

________________________________
Shaun Du Fosee, Labor RelaƟons Consultant

________________________________
Eric Vera, President

________________________________
Tyler Camigi, Vice President

________________________________
Kara Robinson, Secretary

________________________________
James Olsen, Member at Large

Approved as to Form

________________________________
Patrick Enright, City AƩorney
Richards Watson Gershon
Mary La Plante (Mar 7, 2025 14:10 PST)
Mary La Plante
Eric Vera (Mar 12, 2025 17:30 PDT)
Tyler Camigi (Mar 15, 2025 15:54 PDT)
Kara Robinson (Mar 15, 2025 18:43 PDT)
Kara Robinson
James Olsen (Apr 4, 2025 13:24 PDT)
Patrick Enright (Apr 4, 2025 15:13 PDT)
Patrick Enright
Bret Prebula (Apr 7, 2025 11:47 PDT)
69 Stipulation and Agreement Dispatch Supervisor
Unit Modification
Final Audit Report 2025-04-07
Created: 2025-03-07
By: Christina Penland ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAjMz2keFOb2hRoeVbV72LMTB3ZEXRAAw1 "Stipulation and Agreement Dispatch Supervisor Unit Modificatio n" History
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73 THIS PAGE INTENTIONALLY LEFT BLANK
74 AGENDA ITEM NO. 8.

AGENDA TRANSMITTAL

MEETING DATE:

June
3, 2025

AGENDA ITEM:

Agreement with Kosmont Realty for Real Estate Advisory and Surplus Land Act Due-Diligence Service:
a
.

Successor Agency Adoption of Resolution No. SA 2025-___: Approving an Agreement with Kosmont Real Estate for Pre-disposition Real Estate Advisory and Surplus Land Act Due- Diligence Services in Connection with Various City-Owned Properties within Suisun City. b
.

Housing Authority Adoption of Resolution No. HA 2025-___: Approving an Agreement with Kosmont Real Estate for Pre-disposition Real Estate Advisory and Surplus Land Act Due- Diligence Services in Connection with Various City-Owned Properties within Suisun City.

FISCAL IMPACT:

The proposed contract amount is not to exceed $50,000. Sufficient funding is available in 010-3410-91140 current FY 2025. Additional expenses may be incurred for public meeting participation or optional brokerage services, if separately authorized.

STRATEGIC PLAN:

To provide good governance.

BACKGROUND:

On May 13, 2025, the City Council approved a contract with Kosmont Realty for professional services related to the disposal of City-owned property. Following a review of the adopted resolution, it was determined that the City Council needs to take additional action in its roles as the Suisun City Housing Authority and as the governing body for the Successor Agency. Therefore, staff is now seeking formal approval for the same contract that was previously authorized by the City Council to ensure proper procedural compliance.

The Suisun City Housing Authority and its Successor Agency own various properties that are candidates for future development or disposition. In light of the Surplus Land Act (SLA) and other regulatory requirements governing the sale or lease of public land, it is necessary to undertake a comprehensive evaluation of these parcels to determine viable approaches for disposition while ensuring full legal compliance.

Kosmont Realty, a California-licensed real estate brokerage and advisory firm, has submitted a proposal to provide technical assistance with the City’s land disposition strategy, including property due diligence, SLA compliance support, and real estate transaction advisory services. Earlier this fiscal year, Kosmont was contracted and delivered our recently adopted Economic Development Strategy and Implementation Plan (EDSIP).

STAFF REPORT:

Under the proposed agreement, Kosmont Realty will support the City by undertaking the following key tasks over an estimated six-month period:

Task 1: Project Kick-Off
An initial meeting to review City priorities for the subject properties and gather relevant background materials.

75 Task 2: Due Diligence and Regulatory Review
Evaluation of market conditions, site constraints, and legal requirements impacting the properties.

Kosmont will provide a memo summarizing findings and alternative disposition strategies.

Task 3: Surplus Land Act Compliance
Preparation of surplus land declarations and Notices of Availability (NOAs), and management of the required 60-day notice period under the SLA.

Task 4: Evaluation of Respondents & Transaction Advisory Assistance with review of expressions of interest, negotiations, and presentation of recommendations to City Council regarding disposition opportunities.

Optional Task 5: Brokerage Services (As Authorized by the City).

If the City elects to move forward with disposition, Kosmont may act as a broker to facilitate real estate transactions in full compliance with SLA requirements. This optional task would require a separate agreement or authorization.

Kosmont Realty’s services will be provided on an hourly basis in accordance with their 2025 public agency fee schedule (see Attachment A of the proposal), with a not-to-exceed cap of $50,000 for Tasks 1 through 4. Any future engagement for brokerage services or an expanded scope would require separate Council authorization.

Kosmont will commence work upon execution of the agreement and receipt of relevant background materials from the City. Invoices will be submitted monthly, and the City will only be charged for actual time worked and expenses incurred

STAFF RECOMMENDATION:

It is recommended that the City Council adopt:

a
.

Successor Agency Adoption of Resolution No. SA 2025-___: Approving an Agreement with Kosmont Real Estate for Pre-disposition Real Estate Advisory and Surplus Land Act Due- Diligence Services in Connection with Various City-Owned Properties within Suisun City. b
.

Housing Authority Adoption of Resolution No. HA 2025-___: Approving an Agreement with Kosmont Real Estate for Pre-disposition Real Estate Advisory and Surplus Land Act Due- Diligence Services in Connection with Various City-Owned Properties within Suisun City.

DOCUMENTS ATTACHED:
1 .

Successor Agency Adoption of Resolution No. SA 2025-___: Approving an Agreement with Kosmont Real Estate for Pre-disposition Real Estate Advisory and Surplus Land Act Due- Diligence Services in Connection with Various City-Owned Properties within Suisun City. 2 .

Housing Authority Adoption of Resolution No. HA 2025-___: Approving an Agreement with Kosmont Real Estate for Pre-disposition Real Estate Advisory and Surplus Land Act Due- Diligence Services in Connection with Various City-Owned Properties within Suisun City. 3 .

Kosmont Proposal/Agreement

PREPARED BY:

Jim Bermudez, Development Services Director
REVIEWED BY:

Jim Bermudez, Development Services Director
APPROVED BY:

Bret Prebula, City Manager

76 ATTACHMENTS:

1. Sucessor Agency Kosmont Real Estate dba Kosmont Realty Agreement Resolution.docx

2. Housing Authority Kosmont Real Estate dba Kosmont Realty Agreement Resolution

3. 05.06.2025 Kosmont Professional Services Agreement
.
77 RESOLUTION NO. 2025 –

A RESOLUTION OF THE SUCCESSOR AGENCY OF THE CITY OF SUISUN

CITY APPROVING AN AGREEMENT WITH KOSMONT REAL ESTATE SERVICES

DBA KOSMONT REALTY FOR PRE-DISPOSITION REAL ESTATE ADVISORY AND

SURPLUS LAND ACT DUE-DILIGENCE SERVICES IN CONNECTION WITH VARIOUS PROPERTIES WITHIN SUISUN CITY.

WHEREAS, the City of Suisun City, Suisun City Housing Authority, and its Successor Agency own multiple parcels of land that are being considered for future disposition and/or development; and
WHEREAS, the disposition of publicly owned property is subject to specific legal requirements under the California Surplus Land Act (SLA), Government Code Section 54220 et seq., which require local agencies to follow defined procedures before disposing of surplus property; and
WHEREAS, Kosmont Real Estate Services (“Kosmont Realty”) is a licensed California real estate brokerage and municipal advisory firm with the experience and qualifications necessary to support the City in navigating these requirements and identifying viable options for property disposition; and
WHEREAS, Kosmont Realty has submitted a proposal dated March 20, 2025, to provide pre-disposition due diligence services, SLA compliance assistance, and optional real estate brokerage services for various City-owned parcels for a total not-to-exceed amount of $50,000 for Tasks 1 through 4; and
WHEREAS, City staff recommends approval of the proposed professional services agreement with Kosmont Realty to support strategic property evaluation and compliance with state law;
NOW, THEREFORE, BE IT RESOLVED by the Successor Agency of the City of Suisun City, as follows:

1. The Successor Agency hereby approves the professional services agreement with Kosmont Real Estate Services dba Kosmont Realty in substantially the form presented, for a total not-to-exceed amount of $50,000 for Tasks 1 through 4 as described in the Scope of Services;

2. The City Manager is further authorized to take any and all actions necessary to implement this resolution.

3. Future services beyond the approved scope, including optional brokerage services described in Task 5 of the proposal, shall require separate authorization by the City Council.

PASSED AND ADOPTED at a Regular Meeting of said City Council of the City of Suisun City 78 duly held on Tuesday, the 3rd day of June 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 3rd day of June 2025.

Anita Skinner
City Clerk

79 RESOLUTION NO. 2025 –

A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SUISUN

CITY APPROVING AN AGREEMENT WITH KOSMONT REAL ESTATE SERVICES

DBA KOSMONT REALTY FOR PRE-DISPOSITION REAL ESTATE ADVISORY AND

SURPLUS LAND ACT DUE-DILIGENCE SERVICES IN CONNECTION WITH VARIOUS PROPERTIES WITHIN SUISUN CITY.

WHEREAS, the City of Suisun City, Suisun City Housing Authority, and its Successor Agency own multiple parcels of land that are being considered for future disposition and/or development; and
WHEREAS, the disposition of publicly owned property is subject to specific legal requirements under the California Surplus Land Act (SLA), Government Code Section 54220 et seq., which require local agencies to follow defined procedures before disposing of surplus property; and
WHEREAS, Kosmont Real Estate Services (“Kosmont Realty”) is a licensed California real estate brokerage and municipal advisory firm with the experience and qualifications necessary to support the City in navigating these requirements and identifying viable options for property disposition; and
WHEREAS, Kosmont Realty has submitted a proposal dated March 20, 2025, to provide pre-disposition due diligence services, SLA compliance assistance, and optional real estate brokerage services for various City-owned parcels for a total not-to-exceed amount of $50,000 for Tasks 1 through 4; and
WHEREAS, City staff recommends approval of the proposed professional services agreement with Kosmont Realty to support strategic property evaluation and compliance with state law;
NOW, THEREFORE, BE IT RESOLVED by the Housing Authority of the City of Suisun City, as follows:

1. The Housing Authority hereby approves the professional services agreement with Kosmont Real Estate Services dba Kosmont Realty in substantially the form presented, for a total not-to-exceed amount of $50,000 for Tasks 1 through 4 as described in the Scope of Services;

2. The City Manager is further authorized to take any and all actions necessary to implement this resolution.

3. Future services beyond the approved scope, including optional brokerage services described in Task 5 of the proposal, shall require separate authorization by the City Council.

PASSED AND ADOPTED at a Regular Meeting of said City Council of the City of Suisun City 80 duly held on Tuesday, the 3rd day of June 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 3rd day of June 2025.

Anita Skinner
City Clerk

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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Ag reement (“Agreement”) is dated May ___, 2025 (“Effective Date”) and i s between the City of Suisun City , a California muni cipal corporation, the Successor Agency to the Redevelopment Agency of Suisun City and the Housing Authority of Suisun City (collectively referred to as “City” or “ Owner”) and Kosmont Real Estate Services (“KRES”) dba Kosmont Realty (“KR” or “Consultant”), a licensed California brokerage firm (Department of Real Estate License #02058445). City and Consultant are sometimes referred to herein as the “Parties”, and individually as a “Party”.

RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide assistance wit h evaluati on of alternative approaches for the disposition of p ublicly owned land, and assist ance with the Surplus Land Act (“ SLA”) process.

B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

C. City desires to retain Consultant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.

The Parties therefore agree as follows:

1. Consultant’s Services.

A. Scope of Services. Consultant shall perform the services described in the Scope of Services (the “Services”) for City owned parcels (APN’s: 0032 -130-010, 020, 030, 040, 060, 0032 -141-130, 140, 160, 0032 -180-170, 580, 0032-200-320, 0032-282- 040, 050 and 0032 -292-010) (“Properties”) within Suisun City and Consultant shall provide assistance with evaluation of alternative approaches for the disposition of publicly owned land, and assistance with the Surplus Land Act (“SL A”) process ], attached as Exhibit A . City may request, in writing, changes in the Scope of Services to be performed. Any changes to the scope or cost of work must be in writing and mutually agreed upon by the Parties.

B. Party Representatives . For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall b e Joseph Dieguez , Senior Managing Director (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s Services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.
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C. Time for Performance . Consultant shall commence the Services on the Effective Date and shall perform all Services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.

D. Standard of Performance. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.

F. Compliance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes, regulations and requirements.

G. Permits and Licenses . Consulta nt shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of Services under this Agreement, including a business license.

2. Term of Agreement . The term of this Agreement shall b e 2 years from the Effective Date, unless sooner terminated as provided in Section 12 of this Agreement or extended.

3. Compensation.

A. Compensation. As full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set f orth in the Approved Fee Schedule attached hereto as Exhibit B. In no event shall Consultant be paid more than $ 50,000 (the “Maximum Compensation”) at the professional services (hourly) fees at KR’s billing rates as shown forth in Exhibit B. KR will perform Task 1-4 advisory services for as many of the Properties as feasible within the identified budget as mutually agreed to by City and Consultant. Future increases in budget will require written approval by City in advance.

Budget may be increased by City in writing at any time.

B. Expenses. The amount set forth in paragraph 3.A. above ex cludes reimbursement for all Additional Expense incurred in the performance of this Agreement as set forth in Exhibit B.

C. Unauthorized Services and Unanticipated Expenses. City will not pay for any services not specified in the Scope of Services, unless the City Council or the City Representative, if applicable, and the Consultant Representative authorize such services in writing prior to Consultant’s performance of tho se services or incurrence of additional expenses. Any additional services authorized by the City Council, or (where authorized) the City Manager shall be compensated at the rates set forth in Exhibit B , or, if not 83 -3-
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specified, at a rate mutually agreed to b y the Parties. At the request of the Consultant, the City Council may, in writing, reimburse Consultant for an unanticipated expense at its actual cost. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.

4. Method of Payment.

A. Invoices. Consultant shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Consultant in writing within ten Business days of receipt of any disputed invoice amounts.

B. Payment. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement. City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. Notwithstanding the preceding sentence, if Consultant is a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.

C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement available during Consultant’s regular working hours to City for review and audit by City.

5. Independent Contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City.

6. Information and Documents.

A. Consultant covenants that all data, reports, documents, discussion, or other information (collectively “ Data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclose d or released by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property 84 -4-
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located within the City. A response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena.

B. Consultant shall promptly notify City should Co nsultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. C onsultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.

C. All Data required to be furnished to City in connection with this Agreement shall become City’s property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. Upon completio n of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City’s sole property and may be used, reused or otherwise disposed of by City without Consultant’s permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.

D. Consultant’s covenants under this Section shall survive the expiration or termination of this Agreement.

7. Conflicts of Interest. Consultant affirms that it presently has no interest and shall not have any i nterest, direct or indirect, w hich would conflict in any manner with th e performance of the Services contemplated by this Agreement. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq. ) and Government Code Section 1090. During the term of this Agreement, Consultant may perform simil ar Services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.
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8. Indemnification, Hold Harmless, and Duty to Defend.

A. Indemnities.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to , or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liabi lity thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreemen t of the Parties.

Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for reasonable legal expenses and costs incurred by Indemnitees in connection therewith. 2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. 3) Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applica ble workers’ compensation laws.
4) City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2).
5) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant 86 -6-
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shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, wh ether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilit ies arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.

Workers’ Compensation Acts not Limiting . Consultant’s indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act.

Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

B. Survival of Terms. Consultant’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement for a period not to exceed three (3) years.

9. Insurance.

A. Minimum Scope and Li mits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of $2,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultan t and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non -owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $2,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non -owned or hired vehicles in the performance of Services under this Agreement, Consultant shall obtain a non -owned auto endorsement to the Commercial General Liability policy required under subparagraph A.1) of this Section. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required, but Consultant shall execute a declaration that it has no employees. 87 -7-
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4) Professional Liability/Errors and Omissions Insurance with minimum limits of $2,000,000.00 per claim and in aggregate.

B. Acceptability of Insurers. The insurance policies required under this Section shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self- insurance shall not be considered to comply with the insurance requirements under this Section.

C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming City and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.

D. Primary and Non-Contributing. The insurance policies required under this Section shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self -insurance maintained by City , its elected and appointed officials, officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section shall n ot prohibit Consultant and Consultant’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.

F. Deductibles and Self -Insured Retentions. Any deductibles o r self-insured retentions must be declared to and approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.

G. Cancellations or Modifications to Coverage . Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Consultant shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

H. City Remedy for Noncompliance . If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. 88 -8-
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Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.

I. Evidence of Insurance . Prior to the performance of Services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City’s approval. Consultant may provide complet e, certified copies of all required insurance policies to City.

Consultant shall maintain current endorsements on file with City’s Risk Manager.

Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of thi s Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.

J. Subcontractor Insurance Requirements . Consultant shall re quire each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.

10. Mutual Cooperation.

A. City’s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.

B. Consultant’s Cooperation . In the event any claim or action is brought against City relating to Consultan t’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

11. Records and Inspections . Consultant shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to examine and audit the books and records, to make transcripts therefrom as necessary, and to inspect all work, data, docu ments, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment.

12. Termination of Agreement.

A. Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least five calendar days before the termination is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least 60 calendar days before the termination is to be effective. 89 -9-
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B. Obligations upon Termination . Consultant shall cease all work under this Agreement on or before the effective date of termination spe cified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services required by this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation.

13. Force Majeure . Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure wa s due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials , governmental restrictions, judicial orders, enemy or hostile governmental action, fire or other casualty, or other causes beyond Consu ltant’s reasonable control and not due to any act by Consultant.

14. Default.

A. Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreeme nt, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default.

B. In addition to the right to terminate pursuant to Section 12, if the City Manager determines that Consultant is in default in th e performance of any of the terms or conditions of this Agreement, City shall serve Consultant with written notice of the default. Consultant shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a sati sfactory performance. In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

15. Notices. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during Consultant’s and City’s regular business hours, or (c) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:

If to City: Attn:

City of Suisun City
701 Civic Center Blvd
90 -10-
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Suisun City, CA 94585
Email:
with a courtesy copy to: Patrick Enright, City Attorney Richards, Watson & Gershon
2300 N Street, Ste 3
Sacramento, CA 95816
Telephone: (415) 782-0358
Email: [email protected]
If to Consultant: Attn: Larry J Kosmont
Kosmont Realty
1601 N Sepulveda Blvd., #382
Manhattan Beach, CA 90266

16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expressio n, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors a nd applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

17. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of a ll or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

18. No Third Party Beneficiaries Intended . This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement. 91 -11-
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19. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.

20. Final Payment Acceptance Constitutes Release . The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compen sation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the acc uracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

21. Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

22. Non-Appropriation of Funds . Payments to be made to Consultant by City for services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of C onsultant’s services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

23. Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, o r between a provision of this Agreement and a provision of Consultant’s proposal, the provisions of this Agreement shall control.

24. Entire Agreement and Modification of Agreement . This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive 92 -12-
13152-0001\3108764v1.doc
statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by both Parties.

25. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.

26. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.

27. Time of the Essence . Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

28. Business Days. “Business days” means days City of Suisun City Hall is open for business.

29. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute th at arises under or relates to this Agreement (whether contract, tort or both) shall be resol ved in a Superior Court with geographic jurisdiction over the City of Suisun City.

30. Attorneys’ Fees. In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all attorneys’ fees, experts’ fees, and other costs act ually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.

31. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.

32. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument.
93 -13-
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33. Corporate Authority. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement.
[SIGNATURE PAGE FOLLOWS]
94 -14-
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The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.

City:

City of Suisun City,
a California municipal corporation

By:

Name: Alma Hernandez
Title: Mayor
ATTEST:

Consultant:

Kosmont Real Estate Services, dba
Kosmont Realty
a California Corporation

By:

Name:

Title:

By:

Name:

Title:

95 -15-
13152-0001\3108764v1.doc
By:

Name: Anita Skinner
Title: City Clerk

Successor Agency of the
Redevelopment Agency of Suisun City

By: __________________________
Name: Alma Hernandez
Title:________________

Housing Authority of Suisun City

By: _______________________
Name: Alma Hernandez
Title: _________________

APPROVED AS TO FORM:

By:

Name: Patrick Enright
Title: City Attorney

96 A-1
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EXHIBIT A

SCOPE OF SERVICES

The consulting services that KR will provide will be a relatively limited scope and duration, and advisory in nature. KR will be making recommendations only, which advise the City, including its elected officials, appointed officials and staff, which they can accept or reject. None of KR’s staff will act in a capacity as a elected official, nor appointed official, nor as staff, nor as serving in a “designated position.” TASK 1: Project Kick Off
To initiate the assignment KR will meet with the City to discuss planned future uses, reuses and/or development/disposition priorities for the Properties, and additional sites as may be identified, available market and property specific information (e.g. appraisals, market studies, zoning information, specific plans, etc.) and status of activities to date and anticipated timing of activities moving forward.

TASK 2: Initial Pre-Disposition Property Due Diligence and Regulatory Compliance Activities
KR will conduct initial pre-disposition property due diligence to identify existing market conditions and constraints affecting the potential marketability, sale/lease, and development (e.g. zoning, adjacent uses, site configuration, known environmental condition) of the Properties as well as evaluate market value/pricing ranges, and potential options/approaches to productively advance the future disposition and/or development of the Properties.

KR will also consider potential regulatory requirements in conjunction with the Client’s legal counsel in connection with the disposition of the Properties to satisfy compliance with the SLA and/or other legislative requirements as may be appropriate. KR will provide a brief memorandum summarizing findings and observations regarding potential alternative approaches in connection with future disposition and development of the Properties. For Successor Agency Properties, the disposition will have to comply with dissolution law of the Oversight Board to approve any sale.

TASK 3: Surplus Land Act Process - Declaration and Notice of Availability (NOA)
KR will assist with the preparation of the Surplus Land Act declaration and/or exemption. If the Properties are declared “surplus” by the City Council, KR will prepare the Notice of Availability (“NOA”) as well as coordinate and manage the solicitation process required by the SLA for the Properties in list identified herein (as may be appropriate), which will require a 60-day notice period for respondents.. 97 A-2
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TASK 4: Respondent Due Diligence/Public-Private Negotiations The SLA requires that the Client negotiate in good faith with respondents that timely submit a qualified notice of interest for a period of not less than 90-days. KR will be available to assist with reviewing notices of interest, evaluating proposals/offers submitted, and/or public-private transaction structuring and negotiations as may be required with the respondents for the disposition of the Properties. KR can also assist the Client with a presentation to the City Council that will seeks authorization to proceed with prospective transaction (as mutually agreed upon between Client and KR).

OPTIONAL TASK 5: Real Estate Brokerage Services
In compliance with the statutory and procedural disposition requirements of the California SLA and pursuant to Department of Real Estate (“DRE”) licensing requirements, city and KR may enter into or authorize a direct, indirect and/or a cooperative broker relationship with other private sector and/or brokerages/brokers, as desired by City and mutually agreed upon by KR. The purpose of such an arrangement would be to leverage KR’s collective expertise, resources, market knowledge, and transaction-based relationships to successfully sell or lease the Properties, while enabling and assisting brokerage activity by other brokers/brokerage service firms involved in the SLA exposure and disposition process, and to maintain compliance with the sale and lease regulations set forth by the SLA.

As such, KR can be flexibly engaged, as directed by City and mutually agreed upon, to perform brokerage tasks with and independent of other brokerages services firms, retained by City or private sector entities, in soliciting selecting, and negotiating with a preferred buyer(s) developer(s) to effectuate the sale or lease of the Properties. These brokerage activities could include structuring presentations and negotiations with the California Department of Housing and Community Development (“HCD”) to achieve notice(s) of determination and related sale/lease procedure approvals, negotiation of purchase agreement documentation, coordination of escrow title, and ultimate sale or lease, and other transaction-based activities as may be required to close the transaction (as mutually agreed upon between KR and City). Compensation may include a share of commissions and/or fees as may be applicable and agreed upon.

98 EXHIBIT B

APPROVED FEE SCHEDULE

99 THIS PAGE INTENTIONALLY LEFT BLANK
100
AGENDA ITEM NO. 9.

AGENDA TRANSMITTAL

MEETING DATE:

June
3, 2025

AGENDA ITEM:

City Council/Successor Agency/Housing Authority Approval of the Minutes of the Meetings of the Suisun City Council, Suisun City Council Acting as Successor Agency, and Housing Authority held on May 6, May 13, and May 20, 2025.

FISCAL IMPACT:

None

STRATEGIC PLAN:

Provide Good Governance.

BACKGROUND:

Pursuant to Government Code 40801, the City Clerk shall keep an accurate record of the proceedings of the City Council meetings. City Council minutes are prepared in a manner consistent with the intent of the Government Code. Minutes provide a record of when and where the meeting took place, type of meeting, and report any action taken, including the vote of each member of the City Council.

STAFF REPORT:

STAFF RECOMMENDATION:

DOCUMENTS ATTACHED:
1 .

Minutes - May 6, Regular Meeting of the City Council-Successor Agency-Housing Authority 2 .

Minutes - May 13, Special Meeting of the City Council-Successor Agency-Housing Authority 3 .

Minutes - May 13, Regular Meeting of the City Council-Successor Agency-Housing Authority 4 .

Minutes - May 20, Regular Meeting of the City Council-Successor Agency-Housing Authority

PREPARED BY:

Anita Skinner, City Clerk
REVIEWED BY:

Bret Prebula, City Manager
APPROVED BY:

Bret Prebula, City Manager

ATTACHMENTS:

1. 2025 05 06 cc sa ha 500 Minutes.docx

2. 2025 05 13 cc sa ha 630 Minutes.docx

3. 2025 05 13 special 400 Minutes.docx

4. 2025 05 20 cc sa ha 500 Minutes.docx
.
101

CITY COUNCIL CITY COUNCIL MEETING
Alma Hernandez, Mayor Jenalee
Dawson, Mayor Pro Tem Amit Pal,
Councilmember Parise Shepherd,
Councilmember Princess Washington,
Councilmember

MINUTES

REGULAR MEETING OF THE SUISUN CITY COUNCIL,

SUISUN CITY COUNCIL ACTING AS SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY OF THE CITY OF SUISUN CITY,

AND SUISUN CITY HOUSING AUTHORITY
TUESDAY, MAY 6, 2025
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: 811 2716 4463
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 comme nt.)

(Next Ord. No. – 818)
(Next City Council Res. No. 2025 – 34)
Next Suisun City Council Acting as Successor Agency Res. No. SA2025 - 02) (Next Housing Authority Res. No. HA2025 – 03)

5:00 P.M CLOSED SESSION

CALL TO ORDER 5:07
Mayor Hernandez called the meeting to order at 5:07pm.

ROLL CALL
PRESENT: Dawson, Hernandez, Pal, Shepherd, Washington
ABSENT: None

CONFLICT OF INTEREST NOTIFICATION
Council Member Pal stated that he had a conflict with Item #3. 102

(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.)

Item #3
William Towner, current Solano County Yacht Club Commander, spoke on the storage container on the Yacht Club site that they are working with Rodriguez High School art class to paint a mural on it.

Gary Miles, Yacht Club member, commented he understood they were within legal parameters; they met with staff and are now being told there are code violations.

Kim Dorset, Yacht Club Social Director, also spoke on the work that has been done with the Rodriguez High School art department.

Alicia Solomon, Rodriguez High School teacher, spoke on the art project that the kids were very excited to complete.

Mayor Hernandez thanked the members for being in attendance.

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

1. CONFERENCE WITH LABOR NEGOTIATOR
A Closed Session will be held, Pursuant to Government Code Section 54957.6, to Conduct Labor Negotiations among:

Agency Negotiator: City Manager, Bret Prebula
Employee Organization:

SCEA (Suisun City Employees' Association); SCPOA
(Suisun City Police Officers Association); SCPFA (Suisun City Professional Firefighters' Association);
SCMPEA (Suisun City Management and Professional Employees' Association); Unrepresented Employees;
Temporary/Part-Time Employees.

2. PUBLIC EMPLOYEE APPOINTMENT
Title: Special Legal Counsel

3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
A Closed Session will be held, pursuant to Government Code Section 54956.8 to conduct Negotiations regarding Real Property identified by APN 0032-180-580, located at the Solano Yacht Club, 703 Civic Center Drive, Suisun City, CA 94585.

Agency Negotiation: City Manager, Bret Prebula
Negotiating Parties: Solano Yacht Club
Subject: Terms and Conditions

RECESS TO CLOSED SESSION (City Manager Conference Room, City Hall) 103
Council entered into Closed Session at 5:21pm.

6:30 RECONVENE OPEN SESSION

CALL TO ORDER
Mayor Hernandez called the meeting to order at 6:38pm.

ROLL CALL
PRESENT: Dawson, Hernandez, Pal, Shepherd, Washington
ABSENT: None

PLEDGE OF ALLEGIANCE
Led by Council Member Shepherd.

INVOCATION
Given by Clerk Skinner

CLOSED SESSION REPORT
Council will reconvene to closed session following regular meeting.

APPROVAL OF REORDERING OF AGENDA
Motion by Vice Mayor Dawson to move Presentations before Public Comment and seconded by Council Member Pal. Motion passed by the following vote:

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

CONFLICT OF INTEREST NOTIFICATION None
(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.)

City Manager Prebula commented on the Cinco de Mayo event; reported that PG&E was working on the lights on Crane Drive.

No City Attorney report.

PRESENTATIONS/APPOINTMENTS

(Presentations, Awards, Proclamations, Appointments).

4. Proclamation Proclaiming May 11-17, 2025 to be "National Police Week" and May 15, 2025 as "Peace Officers Memorial Day" - (Hernandez: [email protected]).

Mayor Hernandez read the proclamation and presented by Vice Mayor Dawson. Officers thanked Council for their support. Council thanked the Officers for their dedication.

5. Proclamation Proclaiming April 27 - May 3, 2025 to be "National Small Business Week" - (Hernandez: [email protected]). Special recognition long time business Tri-City Glass and Mirror.

Mayor Hernandez read the proclamation. 104

Vince Guisande thanked council the for the special recognition

Council commended them for their continued support and dedication to the community.

6. Approving Appointments to the Environment and Climate Community Advisory Committee (Hernandez: [email protected]).

Council Member Pal appointed George Burkett.

Council Member Washington reappointed Karina Cook.

Mayor Hernandez reappointed Aleta George.

Motion by Council Member Pal to approve appointments and seconded by Vice Mayor Dawson.

Motion passed by the following vote:

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

7. Introduction, Swearing in, and Badge Pinning for Fire Engineer Andrew Kegle and Firefighter Paramedic Andrew Farrell - (Lopez: [email protected]).

Chief Lopez read brief bios of each Firefighter and they were sworn in by Clerk Skinner.

Both Firefighter’s thanked the council and are looking forward to working in Suisun City.

Council thanked them for their decision to serve in Suisun City.

Eric Vera, President of POA, spoke on staffing, overtime and standby issues and gave an update on recent incidents and staffing for each incident.

Donna LeBlanc commented the city definitely needs more officers; BID Mother’s Day Artesian Faire is Sunday, May 10th and volunteers are needed; RPM meeting and one item is the Heritage Park re- enhancement plan; Suisun Pride Event is 6/1 and is a family friendly event.

Erich Butcher spoke about the last day of operation for Virgil’s Bait Shop which is 6/1; last ditch event was made last week of the Kellogg Street building, stated should things work hopefully they will be back.

Michelle Chavez comments on Humphrey Drive canal; also concerned about the lack of police staffing and the increased crime activity; glad city honored the police this evening and thanked them for what they do.

Chuck, Beautification Committee member, commented they are organizing an event to take care of trash; need additional garbage cans around the city; committee is here to serve. 105

Joe Joyce spoke on the Cinco de Mayo event, large crowd, moral support and manpower from the city and thanked those involved. Thanks to the Clean Team that came out and helped.

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

City Council

8. Council Adoption of Resolution No. 2025 -34: Approving a Professional Services Agreement with The Halle Group for Leadership Coaching and Organizational Development Services - (Prebula: [email protected]).

9. Council Adoption of Resolution No. 2025 -35: Adopting the 6th Amendment to the Annual Appropriation Resolution No. 2024-87 to Appropriate Funds for the 2024 Sanitary Sewer and Storm Drain Pipe Lining Project - (Vue: [email protected]).

10. Council Adoption of Resolution No. 2025-36: Approving the First Amendment to the Project Labor Agreement for City Capital Improvement Projects Exceeding $200,000 - (Prebula:

[email protected]).

11. Council Adop tion of Resolution No. 2025 -37: Designating the City Manager, Finance Director, Finance Manager as Authorized Representatives to Apply and Obtain Disaster Assistance from Federal Emergency Management Agency (FEMA) and the Governor’s Office of Emergency Services (Cal OES) for Declared Emergencies - (Luna: [email protected]).

12. Council Adoption of Resolution No. 2025-38: Adopting Administrative Directive 26 (AD 26) Establishing an Environmentally Preferable Purchasing and Practices Policy (EPPP) - (Vue - [email protected]).

Joint City Council/Suisun City Council Acting as Successor Agency

13. Accept the Investment Report for the Quarter Ending March 31, 2025 - (Deol:

[email protected]).

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

14. City Council/Successor Agency/Housing Authority Approval of the Minutes of the Meetings of the Suisun City Council, Suisun City Council Acting as Successor Agency, and Housing Authority held on April 15, 2025 and April 29, 2025; and approval of the Minutes of the Joint Suisun City Council and General Tax and Oversight Committee (Measure S) held on April 29, 2025 - (Skinner: [email protected]).

Mr. Prebula stated there was a correction on Item #8 regarding the Halle Group, there was a typo on the dollar amount, which has been corrected and new copies were presented to council before the meeting.

Motion by Council Member Dawson to approve Consent Calendar and seconded by Council Member Shepherd. Motion passed by the following vote:

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

PUBLIC HEARING
City Council 106

15. Council Introduction and Waive Reading of Ordinance No. 818: An Ordinance of the City Council of the City of Suisun City Adding Chapter 15.80.140 (Fire Hazard Severity Zones) Of Title 15 (Building and Construction) Of the Suisun City Municipal Code - (Lopez:

[email protected]).

Chief Lopez introduced Fire Marshall Jose Colin who presented the report.

Council Member Pal left dais at 7:37pm and returned at 7:41pm

Mayor Hernandez opened the Public Hearing.

Steve Olry thanked the Chief ad Fire Marshall for the report; concer ned about the non -conforming property owners, McCoy Creek continues to be a big concern.

Chuck thanked the Chief and Fire Marshall for the report; comments on high winds in Suisun and how do we inform the public on how embers travel in 30 and 60 mph winds.

Council Member Washington left dais at 7:51pm and returned at 7:56pm.

Michelle Chavez thanked the Chief and Fire Marshall for report; Humphrey Canal comments and comments on educating the public.

There being no further comments Mayor Hernandez closed the Public Hearing.

Fire Marshall responded to comments. Notices were sent to property owners regarding clean up and will do compliance inspections 6/1.

Council asked clarify questions regarding county property that surrounds city limits is taken care of; contact our state officials to go to Cal Fire; Multi -jurisdictional hazard plan updates needed; are there possible funding mechanisms available;

Motion by Council Member Dawson to approve Item 15 and seconded by Council Member Washington. Motion approved by the following vote:

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

GENERAL BUSINESS

COUNCIL COMMENTS

Council Member Washington commented on the email apps; theater comments and the fact the city doesn’t have funding; thank you to all that attended Brew Bash and the sponsors; homeless issues in the downtown area and asked for CAPSolano do a presentation on what work is being done to alleviate the problem.

Council Member Pal commented on the 2x2 meeting with FSUSD; 8/9 back pack give away at St.

Stephens and flyers will be sent as details are finalized; McCoy Creek comments. 107
Council Member Shepherd thanked council members for their updates.

Vice Mayor Dawson gave a shout out to Michelle Chavez and her team for clean up at Cinco de Mayo.

Mayor Hernandez commented the Solano Water Authority meeting for May has been cancelled; Thursday 5/15, is bike to school and bike to work day.

REPORTS: (Informational items only)

ADJOURNMENT
Continue to closed session at 8:15pm.

There being no further business the meeting was continued to the closed session at 8:15pm.

____________________________
Anita Skinner, City Clerk

5 108

CITY COUNCIL CITY COUNCIL MEETING
Alma Hernandez, Mayor Jenalee
Dawson, Mayor Pro Tem Amit Pal,
Councilmember Parise Shepherd,
Councilmember Princess Washington,
Councilmember

MINUTES

REGULAR MEETING OF THE SUISUN CITY COUNCIL,

SUISUN CITY COUNCIL ACTING AS SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY OF THE CITY OF SUISUN CITY,

AND SUISUN CITY HOUSING AUTHORITY
TUESDAY, MAY 13, 2025
6:30 PM

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

MEETINGS ARE HELD IN-PERSON, PUBLIC PARTICIPATION IS ALSO AVAILABLE VIA ZOOM

ZOOM MEETING INFORMATION:

WEBSITE: https://zoom.us/join
MEETING ID: 831 4843 7358
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. – 818)
(Next City Council Res. No. 2025 – 38)
Next Suisun City Council Acting as Successor Agency Res. No. SA2025 - 02) (Next Housing Authority Res. No. HA2025 – 03)

CALL TO ORDER
Mayor Hernandez called the meeting to order at 6:34pm
Mayor Hernandez commented on email from last meeting that had been sent and the Clerk had reached out to the individual.

ROLL CALL
PRESENT: Dawson, Hernandez, Pal, Shepherd, Washington
ABSENT: None

PLEDGE OF ALLEGIANCE
Led by Vice Mayor Dawson.

109

INVOCATION
Given by Clerk Skinner

APPROVAL OF REORDERING OF AGENDA
Motion by Council Member Pal to approve Agenda order and seconded by Council Member Shepherd. Motion passed by the following vote:

AYES: Dawson, Hernandez, Pal, Shepherd, Washington
NONE: None
ABSENT: None

CONFLICT OF INTEREST NOTIFICATION None
(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.)

1. City Manager Update - (Prebula: [email protected]).  Crane Drive street light update with PGE
 Drive around with Ruth Forney, walking tour of downtown area which included Vice Mayor Dawson and several Department Heads.

2. City Attorney Report - (Enright).
 Norms and Procedures scheduled for the 6/3 meeting
 City Attorney upcoming conference in Burlingame;

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

Council Member Pal asked that the comments period for Item #6, Proposed Budget, be set at 5 minutes.

Steve Olry commented on recent carjacking at Driftwood Drive, Strategic Recovery Program and asked why approve as it stands, city does not have the numbers to build luxury apartments; light industrial and logistic centers would be better.

Jack C. Brown commented on the condition of the USA flag on top of City Hall.

Donna LeBlanc commented on the poor/low sound on Zoom, no clock on Zoom; Mother’s Day event was fantastic; Pride Day on 6/1, family friendly; Public Works needs to stop killing the plants, plants with flowers should not be weed wacked; please try not to go past 10pm this evening.

Michelle Chavez commented the walk along was great; invite everyone to come out 5/17 for highway cleanup and to work on the planters along Hwy 12, meeting at Emperor Drive and Highway 12.

Tom LeBlanc comments on homelessness and asked what are we going to do to be in line with what the governor wants?

John Harter, President BID, thanked everyone who helped out with the Mother’s Day event; Pride Day on 6/1. 110

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

3. Proclamation Proclaiming May 18 - May 24, 2025 to be "National Safe Boating Week" - (Hernandez: [email protected]).

Mayor Hernandez read proclamation and presented by Council Member Washington to RPMA staff Member Joe Gatmen. Mr. Gatmen thanked the Council for the recognition.

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

City Council

4. Council Adoption of Resolution No. 2025 -38: Approving an Agreement with Kosmont Real Estate Services dba Kosmont Realty for Pre -disposition Real Estate Advisory and Surplus Land Act due diligence Services in Connection with various City owned Properties within Suisun City - (Prebula: [email protected]).

5. Council Adoption of Resolution No. 2025-39: Requiring City Council Approval for Limited- Duration Appointments to Unbudgeted Positions - (Penland: [email protected]).

PUBLIC COMMENT
ITEM #4
Donna LeBlanc commented the staff report did not list APN’s but after researching Donna named the addresses and location of properties referenced in the staff report.

Steve Olry concerned if we are making a good choice with Kosmont.

Mayor Hernandez pulled Item #4.

Motion by Council Member Pal to approve Consent Calendar Item #5 and seconded by Vice Mayor Dawson. Motion passed by the following vote:

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

ITEM #4
Kosmont rep on line to answer any questions.

Mr. Prebula commented Kosmont is on line to explain Surplus Land Act and gave a brief history on the company. All city property is intended to be on the list and to look at all properties at once

Development Services Director Bermudez stated the 34-acre site was not included as it is currently in appraisal process.

Council Member Pal commented he is hopeful this will work out; consent calendar items are discussed in one-on-one meetings with City Manager and/or staff;
Mayor Hernandez commented the city is looking at all of our infill at one time.

Motion by Vice Mayor Dawson to approve Consent Calendar Item #4 and seconded by Council Member Pal. Motion passed by the following vote:

AYES: Dawson, Hernandez, Pal, Shepherd, Washington
NOES: None
ABSENT: None 111

PUBLIC HEARING NONE

GENERAL BUSINESS

6. Review and Provide Direction for the Fiscal Year (FY) 2025-26 Proposed Budget – (Deol:
[email protected]).

City Manager Prebula gave a brief introduction of the report and the successes that have been accomplished in the past 12 months.

Finance Director Deol presented the proposed budget report.

Mr. Prebula gave an explanation of the overall city staffing levels current and needed staff.

Council Member Pal left dais at 7:48 pm and returned at 7:50pm

Department Heads presented each of their department’s report.

Department Heads spoke on severe reduction measures for their departments.

Council Member Pal left dais at 8:58pm and returned at 9:00pm.

Mayor Hernandez gave a sincere thank you to staff for their hard work on this proposed budget.

Council recess at 9:14pm and returned at 9:26pm.

Mayor Hernandez stated this is a discussion and direction only.

Council asked clarifying questions.

PUBLIC COMMENTS
Clerk summarized the three following electronic emails:

Aaron Leming, Fire Captain, we are proud to serve the residents of Suisun City with professionalism, compassion and integrity; our department remains critically understaffed; there is growing frustration among our ranks; we are constantly doing more with less; adding two firefighter positions will dramatically improve our ability to respond quickly; we urge city leaders to prioritize fire department staffing, and to work with us in developing a long-term plan to strengthen public safety.

Chris Lujan, Fire Department, proudly serve Suisun City with professionalism and integrity but remain critically understaffed; adding two firefighters is essential for safety, response and morale; we urge city leaders to prioritize staffing and partner with us on a long-term plan for public safety.

Andrew Kegle, Fire Engineer, advocates for the addition of a third Firefighter-Paramedic; face challenges in emergency medical response, by adding a third we can enhance on-scene efficiency during cardiac emergencies; improve the quality of CPR; increase the likelihood of survival; please continue to take this critical step to ensure our community receives the emergency care it deserves.

IN PERSON

Donna LeBlanc more of informational discussion tonight with no vote; spoke on cannabis approval; why are we not looking at a salary freeze for the next two years; what is our lobbyist doing to find us 112
funding; need to make cuts where it is necessary; promises made to get Measure S passed was to improve fire and police; LLD districts; if we can’t afford events, then we need to stop them.

Michelle Zunino
Kat Schrader continued Michelle’s statement, worried about SCEA cuts that will threaten the core city.

Michelle Chavez spoke on the cost and cuts have on the city as a whole; change vendors, lease land instead, LLD’s be reworked so there is a benefit to the city.

Steve Olry commented that Suisun City is a broken business model; we can give you a raise but we will need to make cuts, unacceptable to use more of reserve funds.

Mr. Bermudez spoke on the Railroad Avenue realignment and the cannabis applicant who decided to wait until council decision on realignment was made;

Mr. Prebula explained if and how the LLD’s could be reworked.

Council Member Pal asked staff to speak with cannabis applicant and the report back the status.

Mr. Prebula spoke on the lobbyist’s work.

Continued Council discussion.

Council gave staff direction on their individual preferred line item saves and cuts.

Mayor Hernandez asked council to come prepared on 6/24 with cuts if reimbursement agreement is not reached.

COUNCIL COMMENTS None

REPORTS: (Informational items only)

7. Non-Discussion Items.

ADJOURNMENT
There being no further business the meeting was adjourned in honor of Council Member Washington’s uncle, James Davis at 10:47pm.

_______________________________
Anita Skinner, City Clerk

113

CITY COUNCIL CITY COUNCIL MEETING
Alma Hernandez, Mayor Jenalee
Dawson, Mayor Pro Tem Amit Pal,
Councilmember Parise Shepherd,
Councilmember Princess Washington,
Councilmember

MINUTES

SPECIAL MEETING OF THE

CITY COUNCILOF THE CITY OF SUISUN CITY
TUESDAY, MAY 13, 2025
4:00 PM

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

CITY COUNCIL MEETINGS ARE HELD IN-PERSON

PUBLIC PARTICIPATION IS ALSO AVAILABLE VIA ZOOM

ZOOM MEETING INFORMATION:

WEBSITE: https://zoom.us/join
Webinar ID: 898 6937 1900
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.)

CALL TO ORDER 4:00
Mayor Hernandez called the meeting to order 4:01pm.

ROLL CALL
PRESENT: Dawson, Hernandez, Shepherd
ABSENT: Pal (arrived at 4:09pm), Washington (arrived at 4:05pm).

CONFLICT OF INTEREST NOTIFICATION NONE
(Any items on the closed session agenda that might be a conflict of interest to any Councilmembers should be identified at this time.)

PUBLIC COMMENT NONE
(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 shou ld 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:

1. CONFERENCE WITH LABOR NEGOTIATOR
114
A Closed Session will be held, Pursuant to Government Code Section 54957.6, to Conduct Labor Negotiations among:

Agency Negotiator: City Manager, Bret Prebula
Employee Organization:

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

Mayor Hernandez announced that the Closed Session would be held in the Council Chambers and began at 4:02pm.

CONVENE OPEN SESSION
Announcement of Actions Taken, if any, in Closed Session.

ADJOURNMENT
There being no further business the meeting was adjourned at 6:25pm.

___________________________
Anita Skinner, City Clerk

3 115

CITY COUNCIL CITY COUNCIL MEETING
Alma Hernandez, Mayor Jenalee
Dawson, Mayor Pro Tem Amit Pal,
Councilmember Parise Shepherd,
Councilmember Princess Washington,
Councilmember

MINUTES

REGULAR MEETING OF THE SUISUN CITY COUNCIL,

SUISUN CITY COUNCIL ACTING AS SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY OF THE CITY OF SUISUN CITY,

AND SUISUN CITY HOUSING AUTHORITY
TUESDAY, MAY 20, 2025
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: ID: 826 1215 6753
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 publi c comment.)

(Next Ord. No. – 819)
(Next City Council Res. No. 2025 – 41)
Next Suisun City Council Acting as Successor Agency Res. No. SA2025 - 02) (Next Housing Authority Res. No. HA2025 – 03)

5:00 P.M CLOSED SESSION

CALL TO ORDER
Mayor Hernandez called the meeting to order at 4:15pm.

City Attorney Enright stated that the regular council meeting would begin at 6:30pm.

ROLL CALL
PRESENT: Dawson, Hernandez, Shepherd
ABSENT: Washington, Pal (arrived at 4:27pm)
1 116
CONFLICT OF INTEREST NOTIFICATION None
(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 None
(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:

1. CONFERENCE WITH LABOR NEGOTIATOR
A Closed Session will be held, Pursuant to Government Code Section 54957.6, to Conduct Labor Negotiations among:

Agency Negotiator: City Manager, Bret Prebula
Employee Organization:

2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
A Closed Session will be held, pursuant to Government Code Section 54956.8 to conduct Negotiations regarding Real Property identified by the following Assessor Parcel Numbers:
0032-042-720, 0032 -042-740, 0032 -042-790, 0032 -130-010, 0032 -130-020, 003 2-130-030, 0032-130-040, 0032 -130-060, 0032 -141-130, 0032 -141-140, 0032 -141-160, 0032 -180-170, 0032-180-580, 0032 -200-320, 0032 -230-280, 0032 -230-290, 0032 -230-310, 0032 -230-370, 0032-282-040, 0032-282-050, 0032-292-010, 0173-010-230
Agency Negotiation: City Manager, Bret Prebula
Negotiating Parties: To Be Determined
Subject: Terms and Conditions

Council entered into closed session at 4:17pm.

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

6:30 RECONVENE OPEN SESSION
Mayor Hernandez stated the closed session ended at 6:28 pm.

Council Member Pal arrived at 4:27pm and had a conflict with Closed Session Item # 2 and recused himself when that particular property was discussed.

CALL TO ORDER
Mayor Hernandez called the meeting to order at 6:37pm.

ROLL CALL
PRESENT: Dawson, Hernandez, Pal, Shepherd
ABSENT: Washington

117

PLEDGE OF ALLEGIANCE
Led

INVOCATION
Given by Clerk Skinner

CLOSED SESSION REPORT None
Announcement of Actions Taken, if any in Closed Session.

APPROVAL OF REORDERING OF AGENDA
Motion by Council Member Pal to approve agenda order and seconded by Vice Mayor Dawson.

Motion passed by the following vote:

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

CONFLICT OF INTEREST NOTIFICATION None
(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.)

3. City Manager Update - (Prebula: [email protected]).

None

4. City Attorney Report - (Enright).

None

5. Informational Report on Council Credit Card Statements - (Deol: [email protected]).

No verbal report was given as information was included in packet.

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

Steve Olry commented on the state ranking of Crystal Middle School; Council’s lack of focus; whatever we do get from California Forever iso on a wish and a prayer; comments on numbers if we do not annex.

Kat King, Vice President of SCEA, spoke on concerns of possible budget cuts.

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

6. Proclamation Proclaiming the May 15 through May 25, 2025 to be "Public Works Week" - (Vue: [email protected]).

Mayor Hernandez read proclamation and presented by Council Member Shepherd to members of the Public Works Department. Director Vue commented on the hardworking staff. People, Purpose, 118 Presence is this year’s theme. Jim Herrod commented he is honored to accept the proclamation on behalf of the entire department and spoke on the theme.

Council thanked the department for their hard work.

PUBLIC COMMENT
Michelle Chavez thanked the department for everything they have done in working with her on issues on the Humphrey Canal, illegal dumping.

7. Proclamation Proclaiming the Month of June 2025 to be "Pride Month" - (Hernandez:

[email protected]).

Mayor Hernandez read the proclamation and presented by Vice Mayor Dawson to LBGTQ members.

Trish, Board Member of the Pride Center, thanked the council. Donna, member of the Center, spoke on the center’s programs; member spoke on the Pride Event and partnering with the city to provide the event.

Michelle Chavez commented the event is on 5/25 and the Clean Team will be there to help out and encouraged everyone to attend.

Council comments on the upcoming event and being advocates.

City Manager Prebula commented he is looking forward to making the opening remarks at the event.

Superintendent Jennifer Sachs commented on Public Works Week and Pride Day; Suisun City is there for our students and community.

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

8. Council Adoption of Ordinance No. 818: An Ordinance of the City Council of the City of Suisun City Adding Chapter 15.80.140 (Fire Hazard Severity Zones) of Title 15 (Building and Construction) of the Suisun City Municipal Code - (Introduced and Reading Waived on May 6, 2025) (Lopez: [email protected]).

9. Council Adoption of Resolution No. 2025-41: Rejecting Bid Protest and Authorizing the City Manager to Enter into a Construction Contract on the City’s Behalf with Rapid Grading Services for the 2025 Pavement Resurfacing Project - (Vue: [email protected]).

10. Council Adoption of Resolution No. 2025 -42: Approving the Design and Budget of the Heritage Park Enhancement Project and Authorizing the City Manager, or Designee, to Proceed with the Project - (Hull: [email protected]).

11. Council Adoption of Resolution No. 2025-43: Authorizing the City Manager to Enter into a Construction Contract on the City’s Behalf with Spektren Engineering, Inc. for the Pedestrian Safety Enhancements Project - (Vue: [email protected]).

12. Initiate and Provide Intent to the Levy and Collection of Assessments for the McCoy Creek Parking Benefit Assessment District - (Vue: [email protected]). 119 a. Council Adoption of Resolution No. 2025 -44: Initiating Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation and Filing of the Engineer’s Report Related to the McCoy Creek Parking Benefit Assessment District for Fiscal Year 2025-26; and
b. Council Adoption of Resolution No. 2025 -45: Declaring Its Intention to Levy and Collect Assessments Within the McCoy Creek Parking Benefit Assessment District for Fiscal Year 2025-26.

13. Initiate and Provide Intent to the Levy and Collection of Assessments for the City’s Landscaping & Lighting Districts:
a. Council Adoption of Resolutions No. 2025 -46: Initiating Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation and Filing of the Engineer’s Report Related to the Suisun City Maintenance Assessment Districts for Fiscal Year 2025-26.
b. Council Adoption of Resolutions No. 2025 -47 Declaring its Inten tion to Levy and Collect Assessments Within the City’s Maintenance Assessment Districts for Fiscal Year 2025-26 and Announcing That the Associated Public Hearing Will Be Held on July 1, 2025.

Joint City Council / Suisun City Council Acting as Successor Agency

15. Council/Agency Approval of April 2025 Accounts Payable and Payroll Warrants - (Deol:
[email protected]).

Council Member Pal asked clarifying questions on Item 9 and asked to have it pulled.

Motion by Council Member Pal to approve Consent Calendar Items 8, 10, 11, 12, 13, 14, 15 and seconded by Council Member Shepherd. Motion approved by the following vote:

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

Item #9

Council Member Pal asked Director Vue clarifying questions on streets being impacted. Mr. Vue responded.

Motion by Council Member Pal to approve Consent Calendar Item #9 and seconded by Vice Mayor Dawson. Motion passed by the following vote:

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

PUBLIC HEARING

16. Housing Authority Adoption of Resolution No. HA 2025-___: Approving Administrative Plan Revisions to the Housing Choice Voucher Program Required by the United States Department 120
of Housing and Urban Development - Goltiao: ([email protected]). Public Hearing Continued to June 3, 2025.

Mr. Prebula stated the item is being continued to June 3rd.

Motion by Vice Mayor Dawson and seconded by Council Member Shepherd to continue item to June 3rd. Motion passed by the following vote:

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

GENERAL BUSINESS NONE

COUNCIL COMMENTS

Council Member Pal thanked Mr. Prebula for the update on Crane Dr; thanked staff for response on Yacht club.

Mayor Hernandez stated she had removed a commissioner from the RPMA Commission due to formal complaints and commissioners’ complaints; RPMA replacement appointment will be done on 6/3; comments on council tags on social media posts aren’t always seen and asked if there are concerns by the public to email council and city clerk directly.

17. Non-Discussion Items.

ADJOURNMENT
There being no further comments the meeting was adjourned at 7:32pm.

______________________________
Anita Skinner, City Clerk

121

THIS PAGE INTENTIONALLY LEFT BLANK
122
AGENDA ITEM NO. 10.

AGENDA TRANSMITTAL

MEETING DATE:

June
3, 2025

AGENDA ITEM:

Council Introduction and Waive Reading of Ordinance No. __: An Ordinance of the City Council of the City of Suisun City, California, Reaffirming Policy 706 Relating to the Police Department’s Use of Military Equipment, in Accordance with Assembly Bill 481

FISCAL IMPACT:

There is no fiscal impact.

STRATEGIC PLAN:

Ensure Public Safety, Section 3.6 – Develop and implement emergency preparation, response and recovery plans across the organization in collaboration with other community efforts.

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

BACKGROUND:

On May 3, 2022, the City of Suisun City Council adopted Ordinance 793 codifying Suisun City Police Department (SCPD) Policy 706 as required by Assembly Bill 481. Assembly Bill 481 was signed by Governor Newsom on September 30, 2021, to address the funding, acquisition, and use of military equipment by law enforcement agencies in California. Assembly Bill 481 has designated certain equipment as “military equipment,” regardless of whether it was procured from the military. The bill also requires any amendments to the policy be done by way of ordinance during a public meeting.

STAFF REPORT:

In accordance with Assembly Bill 481 and Suisun City Police Department (SCPD) Policy 706, the SCPD is required to bring forward any changes to its military equipment inventory to the Suisun City Council for consideration by way of ordinance. At this time, SCPD is proposing adding drones capable of supporting a Drones as a First Responder program. This program would be implemented to use drones as support for patrol operations, emergency operations that impact the entire city such as a natural disaster or fire, and would also aid in search and rescue operations.

If approved, the DFR program would mimic that of several agencies who have had successful and efficient programs that follow the best practices statewide with regard to safety, licensing, confidentiality and overall success in enhancing the safety of our community. More information on the number and type of drones requested for consideration is attached in the draft policy.

As part of its ongoing commitment to transparency and compliance with state law, SCPD continues to assess its equipment needs to ensure preparedness and operational effectiveness in various public safety scenarios. These unmanned aerial systems are being evaluated for their ability to enhance public safety operations and emergency response. Should the City Council decide to move forward with this option, staff may bring additional information to the council at a future date to finalize any such program.

This annual review reaffirms SCPD’s adherence to both the spirit and the letter of AB 481 by providing clear communication with the community and ensuring public involvement in decisions surrounding the 123
use of designated military equipment.

The attached presentation was also provided at the Suisun City Police Department AB 481 Town Hall meeting held on Monday April 21, 2025. The community attendees expressed their support for the Police Department's efforts to comply with AB 481 and maintain transparency around its equipment inventory. There were no concerns by the attendees regarding the current or proposed inventory of items presented at the Town Hall that evening, and several questions from community members were answered by the SCPD Command Staff also in attendance.

Public notification regarding the status review of Policy 706 and this agenda item was made available on the SCPD website on Friday March 23, 2025. Additionally, the Notice of Public Hearing and Summary of the Proposed Ordinance Status was advertised at least 30 days through social media prior to the April 21, 2025, Town Hall meeting in compliance with AB 481 requirements.

STAFF RECOMMENDATION:

It is recommended that City Council:
a
.

Introduce and Waive Reading of Ordinance No. __: An Ordinance of the City Council of the City of Suisun City, California, Reaffirming Policy 706 Relating to the Police Department’s Use of Military Equipment, in Accordance with Assembly Bill 481.

DOCUMENTS ATTACHED:
1 .

Ordinance No.____: An Ordinance of the City Council of the City of Suisun City, California, Reaffirming Policy 706 Relating to the Police Department’s Use of Military Equipment, in Accordance with Assembly Bill 481.
2 .

SCPD Policy 706.
3 .

AB 481 Military Equipment Annual Report
4 .

PowerPoint Containing Overview of SCPD’s Current Military Equipment Inventory.

PREPARED BY:

Jeff Henderson, Commander
REVIEWED BY:

Aaron Roth, Police Chief

APPROVED BY:

Bret Prebula, City Manager

ATTACHMENTS:

1. Ord
AB 481 Military Equipment Annual Report and Renewal of Military Equipment Use Policy.docx

2. Military Equipment Policy.pdf

3. AB 481 Military Equipment Annual Report (Presented June 3, 2025).pdf

4. Suisun AB 481 Military Equipment Presentation
.
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ORDINANCE NO. 2025-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY, CALIFORNIA, REAFFIRMING POLICY 706 RELATING TO THE POLICE DEPARTMENT’S USE OF MILITARY EQUIPMENT, IN ACCORDANCE WITH ASSEMBLY BILL 481
WHEREAS, Government Code sections 7071 et. seq. codifies Assembly Bill 481, effective January 1 st, 2022, and requires legislative bodies to adopt ordinances approving military equipment use policies before law enforcemen t agencies can continue to engage in activities related to the funding, acquisition, or use of military equipment; and WHEREAS, the Suisun City Police Department (SCPD) has military equipment in i ts inventory and engages in critical public safety activities in coordination with other jurisdictions on law enforcement-related matters; and
WHEREAS, in May 2022, the City Council adopted Policy Ordinance No. 796 adding Chapter 9.36 to the Suisun City Municipal Code, to establish the requirements for approval and annual review of a military equipment policy; and
WHEREAS, in Ordinance No. 796, the City Council also approved Policy 706 – Military Equipment Funding, Acquisition and Use Policy; and WHEREAS, the SCPD Military Equipment Use Policy 706, posted on SCPD’s website since its adoption, sets forth a military equipment funding, acquisition, and use policy that is consistent with the SCPD’s current practices, complies with all requirements of the Government Code and the Suisun City Municipal Code, will contin ue to ensure ongoing regulation and compliance with the law going forward and will continue to provide a means of community engagement and transparency regarding use of military equipment by the SCPD; and
WHEREAS, the SCPD has posted to is website and subm itted to the City Council, its AB 481 Military Equipment Annual Report for calendar year 2024, describing how its military equipment was used and its purpose, a summary of complaints or concerns, the results of any audits or violations of the policy, the total annual cost of each type of military equipment, the quantity possessed, and the intention to acquire any additional equipment in the next year; and WHEREAS, the Government Code and the Suisun City Municipal Code require that, following receipt of the annual report, the City Council conduct an annual review of the ordinance adopting the Military Equipment Use Policy and vote on whether to renew the ordinance; and
WHEREAS, the City Council has received and reviewed the annual report and accompanying inventory list, has reviewed Ordinance No. 796 approving Suisun City Police Department Military Equipment Use Policy 706, and has considered the requirements contained in section 7071(d) of the Government Code, and now desires to renew Ordinance No. 796, approving the Suisun City Police Department Military Equipment Use Policy 706, without modification; and
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Ordinance No.

Adopted

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WHEREAS, the City Council held a noticed public hearing at its regular City Council meeting on June 3rd , 2025 concerning this resolution.

NOW, THEREFOR E, BE IT RESOLVED the Suisun City Council hereby authorizes the renewal with no modification to the Suisun City Municipal Code, Chapter 9.36, and accepts the AB 481 Military Equipment Annual Report for calendar year 2024.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Suisun City, California, on this ____ day of _______ 2025.

Alma Hernandez, Mayor

ATTEST:

Anita Skinner, City Clerk

APPROVED AS TO FORM
AND LEGAL CONTENT:

Patrick Enright, 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 ___________, 2025, and regularly passed and adopted at a regular meeting of said City Council held on _____________, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this ____ day of _____ 2025.

________________________________
Anita Skinner
City Clerk
126
Policy
706
Suisun City Police Department
Suisun City PD Policy Manual
Copyright Lexipol, LLC 2025/05/21, All Rights Reserved.

Published with permission by Suisun City Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). This policy will supersede previous SCPD Policy 210. 706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. • Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
127
Suisun City Police Department
Suisun City PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/05/21, All Rights Reserved.

Published with permission by Suisun City Police Department ***DRAFT*** Military Equipment - 2 706.2 POLICY
It is the policy of the Suisun City Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Suisun City Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

Description, quantity, capabilities, and purchase cost.

Defense Technology 40mm LMT Tactical Single Shot Launcher With Expandable Stock o Description: Tactical single shot launcher that features an expandable ROGERS Super Stock and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single and two point sling attachment. The 40LMT will fire standard 40mm less lethal projectiles propelled by smokeless powder, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems. Double action S&W trigger group, barrel length of 14 inches rifled bore. o Cost: $985.70 (Curtis Blue Line Uniforms)
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Suisun City Police Department
Suisun City PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/05/21, All Rights Reserved.

Published with permission by Suisun City Police Department ***DRAFT*** Military Equipment - 3 o Quantity of four (4)
DEFENSE TECHNOLOGY, Model 6325 eXact iMpact 40mm sponge round. o Description: 40 mm sponge Round delivers a point-of-aim, point-of-impact direct- fire round in the form of a plastic body and sponge nose. It is a lightweight, high- speed projectile that is spin stabilized via the incorporated rifling collar and the 40mm launcher's rifled barrel. Due to the smokeless powder as the propellant, it has velocities that are extremely consistent. This round has been effectively used for crowd control, patrol, and tactical applications.
o Cost: $28.65 per round
o Quantity of one hundred ten (110)
Farber Specialties Custom Built Mobile Command Vehicle
o Description: 33' gas engine, mobile command vehicle built on a commercially available chassis with emergency lighting and audio visual equipment for use as a mobile emergency operations center or incident command vehicle during investigations, critical incidents, natural disasters and other incidents such as chemical spills or a fire event offering a durable, climate controlled interior with dedicated work stations .

This vehicle will also be used for community events as a mobile meeting point for staff and community members during events like 4th of July Fireworks, National Night Out, Christmas on the Waterfront and other community outreach events where police and other city staff can advertise their presence and connect with the community. o Cost: is estimated at $499,106 500,000.00 - funding provided by the State of California o Quantity: one (1)
REMINGTON 870 LESS LETHAL SHOTGUN,
o Description : The Remington 870 Less Lethal Shotgun is used to deploy the less- lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat, which is a principle of Deescalation. o Cost: $800 per rifle
o Quantity: five (5)
12-GAUGE DRAG STABILIZED BEAN BAG ROUND
o Description: The Drag Stabilized™ 12-Gauge Round is a translucent 12-Gauge shell loaded with a 40-Gram tear shaped bag made from a cotton and ballistic material blend and filled with #9 shot. This design utilizes four stabilizing tails and utilizes smokeless powder as the propellant. The 12-Gauge Drag Stabilized Round has secured its place as the Law Enforcement Communities' number one choice for limiting the escalation of conflict where the deployment of lethal force is prohibited. o Cost: $7 per round
o Quantity: Fifty (50)
129
Suisun City Police Department
Suisun City PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/05/21, All Rights Reserved.

Published with permission by Suisun City Police Department ***DRAFT*** Military Equipment - 4 DJI, Matrice 300 RTK (M300) Unmanned Aircraft System (UAS) • Description: The DJI Matrice 300 RTK is a commercial-grade drone platform designed for public safety, patrol, and tactical missions. Equipped with up to 55 minutes of flight time, advanced AI capabilities, and a robust transmission system (OcuSync Enterprise), the M300 supports multiple payload configurations, including dual gimbals and high-resolution cameras. Real-time video feed, thermal imaging, and zoom functionality enhance situational awareness during critical incidents. The system includes obstacle avoidance sensors and RTK (Real-Time Kinematic) technology for enhanced flight precision. Ideal for aerial overwatch, search and rescue, surveillance, and hazardous scene assessment. Unit can be deployed individually or as part of a two-drone operational response team for expanded coverage and redundancy. • Cost: $65,000 per unit
• Quantity: up to two (2)
***The above brand or model of UAS equipment is subject to change based on availability and changing local and federal laws, which could impact the initial acquisition or replacement of such equipment. Any brand deviation will be of similar capabilities and cost and reported immediately upon the next AB 481 presentation to the City Council.

DJI, Mavic 3 Thermal UAS
• Description: The DJI Mavic 3 is a commercial grade, portable drone system that can be transported and deployed easily by field personnel from a specific area. This UAS has many capabilities that mimic the above listed UAS and would supplement that UAS during times it is unavailable or times when station personnel are unable to pilot the UAS.
• Cost: $7,500 per unit
• Quantity: up to four (4)
***The above brand or model of UAS equipment is subject to change based on availability and changing local and federal laws, which could impact the initial acquisition or replacement of such equipment. Any brand deviation will be of similar capabilities and cost and reported immediately upon the next AB 481 presentation to the City Council.
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. 130
Suisun City Police Department
Suisun City PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/05/21, All Rights Reserved.

Published with permission by Suisun City Police Department ***DRAFT*** Military Equipment - 5 (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid. 706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
706.9 USE IN EXIGENT CIRCUMSTANCES
The Suisun City Police Department participates with the Solano County Sheriff's Special Response Unit and works closely with local, county, state, and federal partners. In exigent circumstances and with the approval of the Chief of Police or designee, military equipment may be deployed from outside entities to promote the safety and security of community members. If the Police Department acquires, borrows, or uses military equipment in exigent circumstances, it will 131
Suisun City Police Department
Suisun City PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/05/21, All Rights Reserved.

Published with permission by Suisun City Police Department ***DRAFT*** Military Equipment - 6 provide written notification of the acquisition or use to the City Council within 30 days following the commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law.
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Town Hall
Annual Update to
Military Equipment Use
2024
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SCPD Policy 706
Town Hall Agenda
• Review of AB 481 and Suisun City Policy 706
• Presentation of military equipment deployments for
2024
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California Government Code 7070
-
7075
• California Government Code §7070-7075 governs the
minimum requirements of what is required to be included in the Military Equipment Use Policy, and defines the term “Military Equipment” in the context of law enforcement. 144
SCPD POLICY 706
• Effective January 1, 2022, Assembly Bill (AB) 481
requires law enforcement agencies to obtain approval of the applicable governing body (Mayor and City Council), by adoption of a military equipment use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.
• May 3, 2022, SCPD Policy 706 and Ordinance 796 were
approved by City Council.

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Policy Renewal (Annual)
• The department is required to submit an Annual Report on the equipment use and an updated inventory list.
• The report and list were presented to a Suisun City Town Hall meeting.
• The law also requires the Department to present the
inventory list and usage to the Suisun City Council
annually.
146
• To facilitate public participation, any proposed or final “military equipment” use policy shall be made publicly
available on the internet website of the relevant LEA (Suisun City Police Department) for as long as the “military
equipment” is available for use. (Gov. Code, § 7071, subd. (d)(2).) The governing body (City of Suisun City Council) of the LEA shall:

1. review any ordinance that it has adopted under Section 7071 approving the funding, acquisition, or use of “military equipment” at least annually; and,

2. subject to Section 7071(e)(2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act or the Ralph M. Brown Act, as applicable. (Gov. Code, § 7071, subd. (e)(1).)
147
Patrol Equipment
Defense Technology 40mm LMT
Tactical Single Shot Launcher With Expandable Stock
Tactical single shot launcher that features an expandable ROGERS Super Stock and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single and two point sling attachment. The 40 LMT will fire standard 40mm less lethal projectiles propelled by smokeless powder, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems. Double action S&W trigger group, barrel length of 14 inches rifled bore.

Deployments: Two (2) in 2024
Cost: $0.00
148
40mm Tactical 4-Shot
Launcher
Designed for riot and tactical situations, the Defense
Technology® 1440 40mm Tactical 4-Shot Launcher is low-
profile and lightweight, providing multi-shot capability in an easy to carry launcher. It features the Rogers Super Stoc
expandable gun stock, an adjustable Picatinny
mounted front grip, and a unique direct-drive system to advance the magazine cylinder.

Purchased: Two (2) in 2024
Deployments: 0 in 2024
Cost: $3,599.95 per launcher
Total Cost: $7,199.90
149
DEFENSE TECHNOLOGY Model 6325 eXact iMpact
40mm Sponge Round
40 mm Sponge round delivers a point-of-aim, point-of-impact direct- fire round in the form of a plastic body and sponge nose. It is a lightweight, high-speed projectile that is spin stabilized via the incorporated rifling collar and the 40mm launcher's rifled barrel. Due to the smokeless powder as the propellant, it has velocities that are extremely consistent. This round has been effectively used for crowd control, patrol, and tactical applications.

Deployments: Two deployments in 2024
Cost:
• $ 28.65 per round (2)
Total: $ 57.30
150
REMINGTON 870 LESS LETHAL SHOTGUN
The Remington 870 Less Lethal Shotgun is used to deploy the less- lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat, which is a principle of De-escalation.

Deployments: None
Cost: None
151
12-GAUGE DRAG STABILIZED BEAN BAG ROUND
The Drag Stabilized
12-Gauge Round is a translucent 12-Gauge shell
loaded with a 40-Gram tear shaped bag made from a cotton and ballistic material blend and filled with #9 shot. This design utilizes four stabilizing tails and utilizes smokeless powder as the propellant. The 12-Gauge Drag Stabilized Round has secured its place as the Law Enforcement Communities' number one choice for limiting the escalation of conflict where the deployment of lethal force is prohibited.

Deployments: None
Cost: None
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Farber Specialty Custom Command Vehicle
33’ Gas Engine Mobile Command Vehicle outfitted with
Emergency Lighting and Audio-Visual Equipment.

Deployments: Five (5)
Cost: $0
153
Drone Unit
Unit(s) similar to DJI M300 system
Deployments: N/A
Cost: $65,000 per unit (up to 2) (Cost is approximate)
Total: $65,000 to $130,000 (Cost is approximate)
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Questions?
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AGENDA ITEM NO. 11.

AGENDA TRANSMITTAL

MEETING DATE:

June
3, 2025

AGENDA ITEM:

Council Introduction and Waive Reading of Ordinance No. ___; An Ordinance of the City of Suisun City, California, Repealing and Replacing Chapter 12.24 (Camping on Public Property) of Title 12 (Streets, Sidewalks and Public Places) of the Suisun City Municipal Code with Chapter 12.24 (Prohibition Against Certain Conduct on Public and Private Property).

FISCAL IMPACT:

No fiscal impact is associated with introducing the proposed Ordinance. Should the Council adopt the proposed Ordinance on second reading, minor codification expenses within the currently budgeted expenses will be incurred. Additional cost of enforcement will depend on the frequency of future violations of the proposed ordinance. While the City may recover costs through collection of administrative fees, the ability of violators to pay fines may reduce the amount the City recovers under this proposed Ordinance.

STRATEGIC PLAN:

Ensure Public Safety.

BACKGROUND:

On June 28, 2024, the United States Supreme Court ruled in the case of City of Grants Pass v. Johnson
that ordinances prohibiting camping on public and private property do not violate the US Constitution’s Eighth Amendment’s prohibition on cruel and unusual punishments, even when applied to homeless individuals who lack access to alternative shelter within the city. Cities now have greater flexibility in enforcing laws regulating public property camping. In response to the Supreme Court’s ruling, cities have updated their ordinances to be as strict against camping as possible.

Suisun City adopted its existing Anti-Camping Ordinance in 2001. One update was made to it in 2023, when the City Council adopted Ordinance No. 808 to amend the violations section. The City now seeks to update its Camping Ordinance further. This memorandum provides an overview of how other cities have updated their anti-camping ordinances and provides options Suisun City may consider adopting.

STAFF REPORT:

The City regulates camping in two places in the Municipal Code. Camping outdoors on public and private property is regulated in Chapter 12.24 (Camping on Public Property), Chapter 18.57 for Mobile Living Units, and Section 21.06.070, which provides overnight camping or sleeping in the Marina District. The proposed Ordinance updates Chapter 12.24 and does not change Chapter 18.57 and Section 21.06.070. We have also incorporated certain definitions proposed by the Governor in his Model Ordinance, which he recently released. Specifically, the proposed Ordinance makes the following amendments:

Use of Vehicles for Human Habitation
Currently, the Suisun City Municipal Code does not prohibit the use of vehicles for human habitation on public property. The draft Ordinance addresses the use of vehicles for human habitation by amending 157
the definition of “camp facilities” to mean “all temporary shelters, including, but

not limited to, tents,
huts, vehicles, or vehicle camping outfits” (SMC § 12.24.020 Definitions). Currently, the definition of “camp facilities” includes, “but are not limited to, tents, huts, or temporary shelters.” Chapter 18.57 regulates mobile living units that may be used for living and sleeping and may not be amended. Section 18.57.040 makes it unlawful for any person to occupy, for living or sleeping purposes, any mobile living unit upon any other parcel of publicly or privately owned real property, except as provided for in this Chapter. The exceptions includes while the mobile unit is in motion upon a street, road, highway or alley, while parked in a lawfully established and licensed mobile home park, labor camp or in other public or private facilities which are designed, equipped and licensed by the City to accommodate mobile living units and which provide for temporary or permanent utility connections to such mobile living unit; while parked on private property and not on a parking street, parking lot, or right-of-way, at the invitation of the person owning or having the right to possess the private property.

Camping (Chapter 12.24.030)
Camping on Public Property
Currently, the City’s code prohibits camping on any public street and any public parking lot or public area, improved or unimproved. (SMC § 12.24.030) The proposed Ordinance would prohibit camping in or on public and private properties not designated and equipped for such camping. In addition, the proposed Ordinance prohibits camping at any location within 200 feet of any posted notice to vacate or other official language designating a location for encampment clearance or otherwise prohibiting siting, sleeping, lying, camping, or placing personal property in that location.

Camping on Private Property
Currently, the City Code does address camping overnight on private property. This proposed ordinance will prohibit camping on private property except with the owner’s consent (SMC § 12.24.030.B).

Unlawful Obstructions (SMC § 12.24.040)
The proposed ordinance adds a new section to address obstructions, including loitering, sitting, lying down, or sleeping on any street, alley, sidewalk, park, or other public place or at the entrance or exit of any public or private buildings. A person who refuses or fails to disperse or move on when directed to do so by an enforcement officer is in violation of this prohibition.

Storage of Personal Property on Public Property (SMC § 12.24.050) The existing Suisun City Municipal Code prohibits storage of personal property in any park, street, or public parking lot or public area, improved or unimproved. (SMC § 12.24.040) The proposed Ordinance would create a new section to house all regulations for the storage of personal property.

Under this section, the proposed Ordinance would retain the City’s ban on storing personal property on public property, provide for a 24-hour notice before removing improperly stored personal property, and store the property for 90 days, or the duration required by law. The proposed Ordinance would also list the information required to be included in the notice. While not in the Suisun City Municipal Code, the City presently provides a 72-hour notice and stores the property for at least 90 days. These amendments will codify the City's practices and current case law on notices and storage requirements.

Supplemental Rules and Regulations
158
The proposed Ordinance adds a new Section 12.24.060 authorizing the City to modify or suspend enforcement of any section in the event of a declared emergency, including extreme heat or cold.

Enforcement of Camping Ordinance
Currently, SMC § 12.24.050 makes the first violation an infraction punishable by a fine not exceeding $50.00. The second and each subsequent violation within one year may be prosecuted as a misdemeanor, punishable per Chapter 1.08 of the SMC. The proposed Ordinance maintains the penalties for an infraction and misdemeanor, but provides for the following additional enforcement measures:
1 .

An individual may be issued a written exclusion order by an enforcement officer temporarily prohibiting said individual from a public park or essential City-owned or operated public utility on which violations described in this Section occurred, for a period of thirty (30) days:
2 .

If within one year, the individual:
1 .

Is issued two or more citations on the same public park or essential City-owned or operated public utility for violating this Chapter, or
2 .

Is issued one or more citations for violating any state law(s) while on the same public park or essential City-owned or operated public utility.
3 .

If, within three (3) months of being issued an exclusion order an individual is issued a citation for violating this Chapter or any state law(s) on a public park or essential City-owned or operated public utility.

The foregoing exclusion order(s) shall only apply to the particular park or City-owned or operated public utility in which the offending conduct occurred. 1 .

An individual issued a written exclusion order may file a written objection to the order with the City Manager within two (2) business days of its issuance. If a written objection is filed, the matter shall be placed on the City Council’s agenda not earlier than two days after receiving the objection. The exclusion order shall be stayed during the pendency of the appeal. The objection may be heard by the City Council at a regular or special meeting. At the hearing, City staff shall provide the City Council with information regarding the basis for the exclusion order, and the individual shall be allowed to present relevant evidence. City Council may affirm the order upon finding that a preponderance of the evidence has met the criteria in Subsection C of this Section.

The decision of the City Council is final. Notwithstanding the foregoing, the City Council may appoint a hearing officer as its designee to conduct appeals of exclusion orders. In such a case, the decision of the hearing officer shall be final.
2 .

Nothing in this Chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this Chapter, including, but not limited to, the enforcement provisions of Title 1 of the Code.

Obligations and Remedies – Exclusion Orders
The proposed Ordinance would also amend the enforcement provisions (current Section 5-6-6 (Violations)) of Chapter 6. The proposed Ordinance would allow for cumulative remedies and would eliminate the requirement that a citation be issued only after other means of achieving compliance have proven unsuccessful or impracticable. In addition to criminal and administrative citations for violations of Chapter 6, the proposed Ordinance would add a new enforcement mechanism – an Exclusion Order.

An Exclusion Order would temporarily ban an individual from a public park or an essential City-owned or -operated utility for 30 days. An enforcement officer can issue an Exclusion Order for a public park 159
or essential City-owned or -operated utility on which an individual has previously: (1) violated the Camping Ordinance two or more times in one year, or (2) violated state law one or more times in one year. An Exclusion Order can also be issued if, within three (3) months of being issued an Exclusion Order, a person violates the Camping Ordinance or state law on another public park or essential City- owned or -operated utility. In this case, the proposed Ordinance would allow an enforcement officer to issue an Exclusion Order for that new location. Exclusion Orders would only apply to the particular public park or essential City-owned or -operated utility on which the offending conduct occurred.

Under the proposed Ordinance, the Exclusion Order would go into effect immediately, and the individual to whom it is issued may file a written objection within two (2) days of its issuance. If an objection is filed, the Exclusion Order would be stayed until the appeal is settled by the City Council at a regular or special meeting.

ALTERNATIVES:

The Council could decline to introduce the proposed Ordinance and give staff alternative direction.

STAFF RECOMMENDATION:

It is recommended that the City Council Introduce and Waive Reading of Ordinance No. ___; An Ordinance of the City of Suisun City, California, Repealing and Replacing Chapter 12.24 (Camping on Public Property) of Title 12 (Streets, Sidewalks and Public Places) of the Suisun City Municipal Code with Chapter 12.24 (Prohibition Against Certain Conduct on Public and Private Property).

DOCUMENTS ATTACHED:
1 .

Draft Ordinance
2 .

Memorandum
3 .

Current Suisun Municipal Code Chapter 12.24
4 .

Current Suisun Municipal Code Chapter 18.57
5 .

Current Suisun Municipal Code Chapter 21.06.070
6 .

PowerPoint Presentation Proposed Camping Ordinance.pdf

PREPARED BY:

Patrick Enright, City Attorney
REVIEWED BY:

Patrick Enright, City Attorney
APPROVED BY:

Bret Prebula, City Manager

ATTACHMENTS:

1. Ord Camping Ordinance 2025.docx

2. Memorandum Updates to Suisun City Camping Ordinance

3. Current Suisun Municipal Code Chapter 12.24.pdf

4. Current Suisun Municipal Code Chapter 18.57.pdf

5. Current Suisun Municipal Code Chapter 21.06.070.pdf

6. PowerPoint Presentation Proposed Camping Ordinance.pdf 160

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ORDINANCE NO. ____

AN ORDINANCE OF THE CITY OF SUISUN CITY, CALIFORNIA, REPEALING AND REPLACING CHAPTER 12.24 (CAMPING ON PUBLIC PROPERTY) OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE SUISUN CITY MUNICIPAL CODE WITH CHAPTER 12.24 (PROHIBITION AGAINST CERTAIN

CONDUCT ON PUBLIC PROPERTY OPEN TO THE PUBLIC)
WHEREAS, the City of Suisun City (“City”) is committed to ensuring the safety, health and welfare of all its residents and visitors; and
WHEREAS, the City Council finds that camping and storage of personal property in public spaces can interfere with the intended use of such spaces and create public health and safety hazards that adversely affect the City’s residents and visitors; and WHEREAS, unauthorized encampments create unsanitary, unhealthy, and dangerous conditions, including uncontained fires that threaten people living or using these areas, first responders, and the general public; and
WHEREAS, the City desires to amend the Suisun City Municipal Code to provide additional protections for the public health, safety and welfare and additional enforcement mechanisms for those purposes.

THE CITY COUNCIL OF THE CITY OF SUISUN CITY DOES ORDAIN AS FOLLOWS:

SECTION 1. Chapter 12.24 (Camping on Public Property) is repealed and replaced with the following:
“Chapter 12.24 - PROHIBITION AGAINST CERTAIN CONDUCT ON PUBLIC

PROPERTY AND PROPERTY OPEN TO THE PUBLIC

12.24.010 - Purpose
Public areas within the City should be readily accessible and available to residents and the public at large for their intended use. The unauthorized use of public areas for camping and the storage of personal property interferes with the rights of others to use public areas for their intended purposes an d can create public health or safety hazards that adversely affects other members of the public and neighborhoods, as well as industrial, agricultural, and commercial areas. The purpose of this Chapter is to maintain public areas in clean, sanitary and acc essible condition, and to protect the health, safety, and public welfare of the community.

12.24.020 - Definitions
For the purpose of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
“Camp” means to place, pitch or occupy camp facilities, or to use camp paraphernalia, or both, for the purpose of sheltering one or more persons. “Camp facilities” means all temporary or semi -permanent shelters, including, but not limited to, tents, huts, vehicles, vehicle camping outfits, sheds, or structures with metal or other heavy roofing and siding materials.
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“Camp paraphernalia” means items including, but not limited to, bedrolls, blankets, air mattresses, tarpaulins, cots, beds, sleeping bags, hammo cks or any similar equipment or materials for the purpose of sleeping, lying, or sheltering one or more persons. “City Manager” means the City M anager of the City of Suisun City, including their designee.
“Enforcement officer” means any City employee or agent of the City with the authority to enforce any provision of this Code.
“Establish” means to set up or move equipment, supplies or materials on to public or private property to camp or operate camp facilities.
“Maintain” means keeping o r permitting equipment, supplies or materials to remain on public or private property in order to camp or operate camp facilities. “Operate” means participating or assisting in establishing or maintaining a camp or camp facility.
“Personal property” means any and all tangible items, including, but not limited to, goods, materials, merchandise, camp paraphernalia or facilities, luggage, backpacks, books, clothing, documents, household goods, and shopping carts, laundry carts, or carts. “Private property” me ans all private real property including, but not limited to, real property, yards, streets, sidewalks, private alleys, trails, and improved or unimproved land. “Public property” means any real or personal property owned or controlled by the City, improved or unimproved, and includes, but is not limited to, any publicly-owned park, building, street, sidewalk, way, path, alley, right -of-way, parking lot or other public property owned or controlled by the City and located within the City of Suisun City and such other publicly owned property for which the City is authorized by contract or permit to maintain. “Store” means to put aside or accumulate for use when needed, to put for safekeeping, or to put, place or leave in a particular place, whether attended or unattended. “Street” means all streets, avenues, highways, lanes, alleys, ways, crossings or intersections, co-routes and cul-de-sacs and City rights-of-way adjacent thereto.

12.24.030 - Unlawful camping
A. It is unlawful for any person to camp, establish, maintain, operate, or occupy camp facilities, or use camp paraphernalia in the following areas:

1. Any public property;

2. Any private property; or

3. Any location within 200 feet of any posted notice to vacate or other official signage designating a location for encampment clearance or otherwise prohibiting sitting, sleeping, lying, camping, or placing personal property in that location.

B. The prohibition on camping in this Section shall not apply to the following:
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1. Overnight camping on residential private property with consent of the person in possession or control of the private property, and where such use does not create or permit a public nuisance;

2. Camping where specifically permitted within City-approved campgrounds or facilities; or

3. Camping on public or privat e property in connection with a special event as authorized by the City through issuance of a permit pursuant to this code.

C. Nothing in this Section intends to prohibit or make unlawful, activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property. Nothing herein is intended to prohibit or make unlawful, activities of a property owner or lawful user if such activities are expressly authorized by the City Manager or by any law, regulation, permit, order or other directive from a regulatory authority.

12.24.040 - Unlawful obstructions
A. No person shall loiter, sit, lay down, or sleep on any street, alley, sidewalk, park or other public place, or in or about the entrance or exit of any public or private building, in such a manner as to obstruct or hinder the free passage of persons along such public way, or obstruct or hinder persons entering or exiting from any public building, or in such a manner as to create a health or safety hazard for the community or for the patrons of such public place.

B. No person in violation of this prohibition shall refuse or fail to disperse or move on when directed to do so by an enforcement officer.

12.24.050 - Unlawful storage of personal property
A. It is unlawful and a public nuisance for any person to store personal property on any public property, except as otherwise approved by the City Manager.

B. Personal property shall be deemed to be stored if it has not been removed from the property within 24 hours of service of written notice provided pursuant to Subsection (D) of this Section.

C. All personal property stored in violation of this Section may be removed by the City pursuant to this Section.

D. Before the impoundment of any personal property, the enforcement officer shall serve a written notice to the person storing the personal property as practicable or post the written notice in a prominent and conspicuous place at or near where the personal property is located. The written notice shall contain the following:

1. The date and time the notice was posted;

2. The location from which the personal property will be removed;

3. A statement that the personal p roperty may be impounded if not removed within twenty-four (24) hours;
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4. A telephone number for information on retrieving personal property;

5. An address where the personal property will be stored; and

6. A statement that impounded personal property may be disca rded if not claimed within ninety (90) days after impoundment.

E. Upon removal of stored personal property, the City shall conspicuously post a written notice at or near where the personal property was located prior to being impounded.

The written notice shall contain the following:

1. The date the personal property was removed;

2. A telephone number for information on retrieving personal property;

3. An address where the personal property will be stored;

4. A statement that impounded personal property may be discarded i f not claimed within ninety (90) days after impoundment.

F. The City shall store impounded personal property for a minimum of ninety (90) days, or the duration required by law at the time of removal. Personal property the City shall collect and store includes:

1. Items of apparent value of $50 or more;

2. Items of apparent p ersonal value, including, but not limited to: eyeglasses, operational wheelchairs, walkers, crutches, other medical equipment, habitable tents, personal papers (such as photographs, albums, ID’s, bank statements, and legal papers), backpacks, containers, a nd operational bicycles, scooters, and strollers.

The City may dispose of any personal property that remain unclaimed after ninety (90) days, or such duration as required by law.

G. Nothing in this Section shall prevent, restrict, or otherwise limit the City’s right to remove, without notice:

1. Evidence of a crime or contraband;

2. Personal property that poses an immediate threat to the health or safety of the public, including, but not limited to:
a. Toxic sharps: needles, scissors, knives;
b. Chemicals: bleach, paint, oils, etc.;
c. Items (including bedding and clothing) soiled by infectious materials, including human waste and bodily fluids;
d. Moldy, mildewed items;
e. Items that may be infested by rodents and insects: rats, mice, fleas, lice, bed bugs;
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f. Items that pose a risk of fire or explosion, combustibles and propane tanks; any item containing fuel or corrosives or other unidentified liquids; g. Backpacks and closed containers that have been determined by an individual licensed to identify and handle hazardous materials t o contain items listed in (a)-(f) above or (3) below. Such backpacks and closed containers may be discarded where no individual licensed in hazardous materials is present to make a determination;
h. If personal property is co -mingled or littered with needles, human waste, or other health risks, the entire pile of belongings may be disposed of. The presence of clothing in a backpack or container shall not be the sole reason to discard the backpack or container.

3. Bulky items, such as mattresses and sheds;

4. Perishable items, such as food;

5. Controlled substances; or

6. Trash, garbage, and/or debris.

H. Nothing in this section shall be construed to limit or prohibit City officials from enforcing any other City or state laws, including, but not limited to, laws governing use of controlled substances or weapons, fire codes, and public nuisance laws.

12.24.060 - Supplemental Rules and Regulations
A. The City Manager is authorized to modify or suspend enforcement of any section or element of this Chapter in the event of a declared emergency, pursuant to administrative rules or policies, weather conditions (including but not limited to extreme heat or cold), or for any other reason within the City Manager’s authority, regardless of whether an emergency has been declared.

B. The City Manager may adopt administrative rules or policies governing or guiding enforcement of this Chapter including, but not limited to, ensuring consistent and appropriate enforcement for various circumstances.

12.24.070 - Penalty-Enforcement
A. 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 of Title 1 of this Code.

B. In addition to all other remedies, an individual may be issued a written exclusion order by an enforcement officer temporarily prohibiting said individual from a public park or essential City-owned or operated public utility on which violations described in this Section occurred, for a period of thirty (30) days:

1. If within a one-year period, the individual:
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a. Is issued two or more citations on the same public park or essential City-owned or operated public utility for violating this chapter, or b. Is issued one or more citations for violating any state law(s) while on the same public park or essential City-owned or operated public utility.

2. If, within three months of being issued an exclusion order pursuant to subsection (B)(1), an individual is iss ued a citation for violating this Chapter or any state law(s) on a public park or essential City-owned or operated public utility.

The foregoing exclusion order(s) shall only apply to the particular park or City-owned or operated public utility in which the offending conduct occurred.

C. An exclusion order shall include the following information:

1. The reason(s) for the exclusion;

2. The particular public park or essential City-owned or operated public utility from which the individual issued the exclusion order is temporarily prohibited;

3. The period of time during which the individual is excluded from the stated public park or essential City-owned or operated public utility (i.e. 30 days); and

4. How the individual may file an appeal of the exclusion order.

D. An individual who was issued a written exclusion order may file a written objection to the order with the City Manager within two (2) business days of its issuance. If a written objection is filed, the matter shall be placed on the City Council’s agenda not earlier than two days after receiving the objection. The exclusion order shall be stayed during the pendency of the appeal. The objection may be heard by the City Council at a regular or special meeting. At the hearing, City staff shall provide the City Council with information regarding the basis for the exclusion order, and the individual shall be allowed to pre sent relevant evidence. City Council may affirm the order upon finding that the criteria in Subsection (B) of this Section have been met by a preponderance of the evidence. The decision of the City Council is final.

Notwithstanding the foregoing, the City Council may appoint a hearings officer as its designee for the purpose of conducting appeals of exclusion orders. In such case, the decision of the hearings officer shall be final.

E. Nothing in this Chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this Chapter, including, but not limited to, the enforcement provisions of Title 1 of the Code.”
SECTION 2. CEQA. The City Council finds that the adoption of this Ordinance is exempt from environmen tal review pursuant to California Environmental Quality Act (“CEQA”) Guidelines Section 15061(b)(3) and Section 15378(b)(5). This Ordinance is not a “project” for purposes of CEQA as the prohibition of public camping and storage of personal property on public properties constitutes an organizational or administrative activity of the local government that will not result in direct or indirect physical environmental changes. In addition, even if considered a “project” under CEQA, this Ordinance is exempt as CEQA applies only to projects that have the potential for causing a significant effect on the 166

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environment, and not where, as is the case here, it can be seen with certainty that there is no possibility that the regulated activity may have a significant effect on the environment.

SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions or applications of the chapter. The Suisun City Council hereby declares that it would have adopted each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsection, sentences, clauses or phrases be declared invalid or unconstitutional.

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

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

INTRODUCED at a regular meeting of the City Council of the City of Suisun City, California on the ___ day of ___________, 2025.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Suisun City, California on the ___ day of ___________, 2025.

Alma Hernandez, Mayor

ATTEST:

____________________________________________
Anita Skinner, City Clerk

APPROVED AS TO FORM:

____________________________________________
Patrick Enright, City Attorney

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AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this ____ day of _____ 2025.

________________________________
Anita Skinner
City Clerk
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Elizabeth Griffiths

T 916.244.2022
F 800.552.0078
E [email protected]
2300 N Street, Suite 3
Sacramento, California 95816
rwglaw.com

MEMORANDUM
TO: Honorable Mayor Hernandez and Councilmembers
CC: Bret Prebula, City Manager
Aaron Roth, Chief of Police
FROM: Patrick Enright, City Attorney
Elizabeth Griffiths, Deputy City Attorney
DATE: May 16, 2025
SUBJECT: Options for Updates to Suisun City Camping Ordinance

I. Background

On June 28, 2024, the United States Supreme Court ruled in the case of City of Grants Pass v.

Johnson that ordinances prohibiting camping on public and private property do not violate the US Constitution’s Eighth Amendment’s prohibition on cruel and unusual punishments, even when applied to homeless individuals who lack access to alternative shelter within the city.

Cities now have greater flexibility in enforcing laws regulating public property camping. In response to the Supreme Court’s ruling, cities have updated their ordinances to be as strict against camping as possible.

Suisun City adopted its existing anti-camping ordinance in 2001. One update was made to it in 2023, when the City Council adopted Ordinance No. 808 to amend the violations section. The City now seeks to further update its camping ordinance. This memorandum provides an overview of how other cities have updated their anti-camping ordinances and provides options Suisun may consider adopting.

II. Discussion

To determine what type of amendments cities have made to their anti-camping ordinances, regulations from the following cities were surveyed: Fremont, Indio, Fresno, Davis, San Rafael, Sacramento, Placerville, Temple City, Brea, Santa Ana, Newport Beach, and Merced.

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In general, Suisun City’s ordinance is significantly less detailed than other cities’ camping ordinances. The majority of cities surveyed have enacted regulations that include additional or more specific definitions, carve-outs for lawful camping activities, more detailed enforcement procedures and penalties, and procedures for removing personal property from public areas.

A. Definitions

i Defining “Camp”

There are significant differences in how cities have chosen to define “camp.” Suisun City Municipal Code defines “camp” as “to pitch or occupy camp facilities; to use camp paraphernalia.” Suisun City Mun. Code § 12.24.020. “Camp facilities” include “tents, huts or temporary shelters,” and “camp paraphernalia” includes “tarpaulins, cots, beds, bedding, sleeping bags, hammocks or non-city designed cooking facilities and similar equipment.” This definition is substantively similar to those used by several other jurisdictions.1

Suisun City’s broad definition of “camp” arguably encompasses a range of activities the City has no intention of prohibiting. Use of a hammock or blanket during a family picnic, for example, qualifies as “camping” under the City’s ordinance. Despite that, Suisun City’s definitions appear relatively common. The cities of Brea, Davis, and Fremont use similarly worded, broad definitions.

Other cities have adopted more detailed definitions. For example, Santa Ana’s ordinance defines “camping” as pitching or occupying an encampment, or using camp paraphernalia, for the purpose of, or in a way that facilitates, outdoor sheltering for living accommodation purposes, or for remaining outdoors overnight, or to use a vehicle for human habitation.” Santa Ana Mun. Code § 10-401(a). The ordinance then lists circumstances that indicate a person is using property for living accommodation purposes, including using a camp facility or camp paraphernalia between the hours of 10: 00 p. m. and 6: 00 a. m., having cooking equipment in an area that is not designated for cooking, or having with them a sleeping bag, sleeping pad, blanket, pillow, bedroll or other similar bedding….” Santa Ana Mun. Code § 10-401(a).

Likewise, some cities have adopted an objective standard to assess whether an individual is “camping.” For example, San Rafael provides that “camping” includes any use of public space for sleeping or preparations to sleep when “it reasonably appears, in light of all the

1 Davis and Fremont define “camp” as “to place, pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; or to use camp paraphernalia.”
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circumstances,” that the space is being used as a living accommodation. San Rafael Mun. Code § 19.50.020(A).

Furthermore, unlike most cities, the Suisun City Municipal Code does not explicitly ban camping in vehicles. Many cities have banned camping in vehicles by expanding the definition of “camp facilities” to include vehicles. For example, Fremont defines “camp facilities” to include tents, huts, vehicles, vehicle camping outfits, or temporary shelters. Fremont Mun. Code § 8.90.020.2 Other cities provide specific criteria to determine when a vehicle is being used for habitation.

Newport Beach and Santa Ana include factors such as blocked vehicle windows, the inability to use seating in the vehicle due to a large volume of personal belongings, trash, rubbish, or garbage stored in the vehicle, or visible cooking or grooming activities. Santa Ana Mun. Code § 10-401(a); Newport Beach Mun. Code § 10.14.010.

Compared to Santa Ana and Newport Beach, Suisun City’s camping ordinance may be less effective at advising the public of the types of behaviors that are prohibited. Additionally, it may encompass benign or protected activities within its prohibition.

The proposed ordinance will amend the definition of “camp” to state “’ Camp’ means to place, pitch or occupy camp facilities, or to use camp paraphernalia, or both, for the purpose of, or in a way that facilitates, outdoor sheltering for living accommodation purposes or for remaining outdoors overnight.” This amendment to the definition of “camp” will help clarify that this ordinance does not intend to prohibited acceptable daytime activities, such as using a blanket during a family picnic. The proposed ordinance will also amend the definition of “camp facilities” to include “vehicles or vehicle camping outfits” to prohibit unlawful camping in vehicles.

ii. Clarifying the Term “Public Area”

Section 12.24.030 of the Suisun City Code makes it unlawful for a person to camp in any public street, public parking lot, or public area. “Public area,” however, is not defined by the ordinance. The term could be interpreted to mean all publicly-owned property; all publicly- owned outdoor property; all property held open to the public, whether public or private; or some other variation.

2 The cities of Brea, Sacramento, Placerville, and Davis have the same definition of “camp facilities” as Fremont.

Davis Mun. § Code. 26.11.020; Fremont Mun. Code §. 8.90.020(b). 171
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Of the cities' surveys, all but Brea use the term “public property” to describe where camping is prohibited, rather than “public area.” Newport Beach, San Rafael, Fremont, and Davis municipal codes also proceed to define “public property” to mean the following:

 Newport Beach: “Public Property means all property owned or controlled by the State, the County, the City, or other public entity,” including, but not limited to, restrooms, bridges, beach, parking garage, and parking lots. Newport Beach Mun. Code §

10.14.010.
 San Rafael: “Public Property means any real property within the jurisdiction of the City of San Rafael, which is owned, managed, or controlled by the City of San Rafael.” San Rafael Mun. Code § 19.50.020(G).
 Fremont and Davis: “Public Property means all public property including, but not limited to, streets, sidewalks, alleys, improved or unimproved land and parks.” Davis Mun. Code § 26.11.020; Fremont Mun. Code § 8.90.20(i).

The proposed ordinance will add a definition of “public property” to clarify where it is unlawful for an individual to camp. The proposed definition of “public property” will provide that “’[p]ublic property’ means any real or personal property owned or controlled by the city, improved or unimproved, and includes, but is not limited to, any publicly-owned park, building, street, sidewalk, way, path, alley, right-of-way, parking lot or other public property for which the city is authorized by contract or permit to maintain.”

iii. Expanding the Definition of “Store”

Suisun City Municipal Code defines “store” as “to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.” Suisun City Mun. Code §

12.24.020. Many cities have similar definitions of “store.” However, some cities expand the definition of “store” to include the moving of personal property to a location within a specified distance. For example, Fremont’s ordinance considers moving personal property to another location upon public property or returning personal property to the same block of public property on a daily basis to be prohibited, storing of public property.3 While Suisun City’s definition of “store” is similar to several other cities, the definition could be updated to include

3 Similarly, Newport Beach defines “store” to include when personal property is moved to another location on public property or returning personal property within 1,000 feet from a location where the person previously received a citation within 30 days. Newport Beach Mun. Code § 10.08.005. 172
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the moving of personal property to a location that is within close proximity to the location where the individual received a citation.

The proposed ordinance amends the definition of “store” to clarify that an item can be deemed stored, whether attended or unattended.”

B. Unlawful Camping

Suisun City broadly prohibits camping “in any public street, public parking lot, or public area.” Suisun City Mun. Code § 12.24.030. While some cities maintain similar broad language, many have adopted specific time, place, and manner restrictions, and also prohibit camping on private property.

i Time, Place, and Manner Restrictions

Following the Supreme Court’s Grants Pass ruling, many cities have enacted stricter regulations, including prohibiting encampments within specific distances of certain buildings and banning additional activities, such as sitting or lying down. Highlights of some recently adopted regulations include:

 Brea:
o Prohibits sleeping or lying down on or under a public transit/bus bench or a bench, table, playground equipment, or similar fixture or structure in a public park.
o Prohibits sitting or sleeping on movable objects (e.g., chairs, buckets, coolers) in public areas unless part of a lawful event. Brea Mun. Code § 8.44.136.  Fresno:
o Prohibits sitting, lying, sleeping, or camping on any public place, in any pedestrian or vehicular entrance to public or private property abutting a public sidewalk, and on a property designated as a sensitive use (schools, child care facilities, public parks, public libraries, city facilities). Fresno Mun. Code § 10- 2101.
 Newport Beach:
o Prohibits setting up a tent on public property.
o Prohibits remaining upon a public plaza between 10 p.m. and 6 a.m. without stopping. Newport Beach Mun. Code § 10.08.010.
 Santa Ana:
o Prohibits loitering, sleeping, lying down, or lodging and sleeping on a public bench, on a bike rack, or in a public restroom. Santa Ana Mun. Code §§ 10-94; 10-95.
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o Prohibits sleeping, lying, or standing upon a bus bench or shelter during hours when the bus route is not in operation. Santa Ana Mun. Code § 33-113.  San Rafael:
o Prohibits camping in open spaces, within 100 feet of playgrounds, within 250 feet of schools, and on sidewalks. San Rafael Mun. Code § 19.50.030. o Limits campsite sizes to 200 sq. ft. for single occupants, 400 sq. ft. for multiple occupants, and requires a 10-foot buffer between campsites. San Rafael Mun.

Code § 19.50.040.

The proposed ordinance will prohibit an individual from loitering, sitting, laying down, or sleeping on any street, alley, sidewalk, park or other public place, or in or about the entrance or exit of any public or private building, in a way that obstructs the free passage of persons along the public way or obstructs persons entering or exiting any building.

ii. Camping on Private Property

In addition to prohibiting camping on public property, Brea, Placerville, Indio, and Fremont prohibit camping on private property without the owner’s consent. Placerville also limits camping on private property to a maximum of seven consecutive days. Placerville Mun. Code § 6-19-4(B)(2). Fremont prohibits camping for more than 72 hours on private land not designated for camping. Fremont Mun. Code § 8.90.040.

The proposed ordinance will prohibit camping on private property without the consent of the private property owner or other lawful user of the private property.

C. Unlawful Storage of Personal Property

Another type of regulation adopted by many jurisdictions throughout California prohibits individuals from leaving or storing personal belongings in public places, such as city sidewalks, streets, parks, or other public property. The purpose of these restrictions is to ensure that personal property is not accumulated and stored in certain public areas in a manner that would impede the public right of way, create trip and fall hazards, or pose health and safety risks to the general public using the public spaces for their intended purposes.

Section 12.24.030 of the Suisun City Code makes it unlawful for a person to store personal property in any public street, public parking lot, or public area. Suisun City Mun. Code §

12.24.040. Indio and Brea have similar broad prohibitions against storing any personal property in public areas. Indio Mun. Code §130.020(d)(1); Brea Mun. Code § 8.44.030. Other cities have adopted more targeted storage restrictions. For example, Fremont prohibits storing personal 174
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property on public property after clearly posted closure times. Fremont Mun. Code §8.90.040(f). Merced prohibits camping and storing personal property at any park, street, sidewalk, public parking lot, or public area, and within 1000 feet of any school.

In addition, several cities have adopted narrowly focused ordinances that identify and prohibit interference with vehicles and pedestrians in public rights-of-way or other access points. Some examples include:

 Brea: Prohibits obstructing access to or maintenance of public equipment or a public facility by loitering, sitting, lying, or sleeping on public property, or abandoning, storing, using, maintaining, or placing personal property on public property.  Newport Beach: Prohibits sleeping, lying, sitting, or storing personal property in a manner that limits access to an ATM, electric vehicle charging station, parking pay station, parking meter, or public path/trail.
 Santa Ana: Prohibits obstructing access by sitting, lying, sleeping on public property, or by storing, using, maintaining, or placing personal property in public right of way including in a manner that is within a specified proximity to a driveway, ramp, fire hydrant, public restroom, park, trail, or path, ATM, parking meter, or school.

The proposed ordinance will prohibit storing personal property on any public property, unless otherwise authorized by the city manager.

D. Removal of Personal Property from Public Property

In general, cities have adopted provisions that provide 24 to 72 hours' advanced notice for the removal of personal property and 30 to 90 days' storage periods before disposal of removed or impounded property. Several cities have adopted detailed regulations that outline the procedures for impounding or seizing personal property, including pre- and post-removal notices, storage duration, and retrieval processes. Other cities reference general removal policies rather than outlining procedures. For example, Fremont authorizes the city manager to adopt procedures for property recovery. If no policy is adopted, property left on lands where camping is prohibited for more than 24 hours may be impounded. Fremont Mun. Code §

8.90.050. Santa Ana’s ordinance references a city policy that provides due process and retrieval procedures. Santa Ana Mun. Code § 31-2.3.1.

Some cities have also adopted procedures allowing for the immediate removal of personal property without notice under specific conditions. For example, Brea allows impoundment without notice “if there is a reasonable belief that it is abandoned, presents an immediate 175
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threat to public health or safety, is evidence of a crime, is evidence in a criminal investigation, or is contraband.” Brea Mun. Code § 8.44.050(A).

The proposed ordinance will outline requirements for the removal, storage, and disposal of personal property unlawfully stored on public property. The new provisions also require notices to be posted on unlawfully stored personal property for at least twenty-four (24) hours before removal.

E. Penalties and Enforcement

Post-Grants Pass cities have adopted penalties and enforcement measures that include a combination of criminal and civil actions, including infractions, jail time, restraining orders, preliminary injunctions, and exclusion orders. Compared to other cities, Suisun City’s existing regulations provide fewer enforcement and penalty options.

i Infractions and Misdemeanors

Suisun City currently imposes a fine of up to $50 for a first violation. It allows for the prosecution of subsequent violations as misdemeanors, with penalties including a fine of up to $1,000 and/or up to 6 months in jail. Suisun City Mun. Code § 12.24.050. This is consistent with several cities that treat initial violations as infractions, punished by a fine ranging from $50 to $100. Additionally, several cities have similar misdemeanor penalties, including fines of up to $ 1,000 and jail terms of up to 6 months or 1 year.

ii. Escalating Fines

Some cities have adopted incremental fine schedules that increase penalties for repeat infractions. For example, Indio adopted an escalating fine schedule: $100 for a first offense, $200 for a second offense within one year, and $500 for a third offense within one year. Indio Mun. Code § 130.020(G)(2).

iii. Enforcement Officer Discretion

In addition, cities such as Brea, Indio, and Santa Ana provide the city attorney or citing officer discretion to punish the first, and subsequent, violation as a misdemeanor or an infraction. This approach enables officers to tailor penalties to the context of the violation and the violator’s conduct. Suisun City could adopt a similar provision to give officers flexibility to pursue infraction or misdemeanor charges for the first violation.

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iv. Administrative Citations

In addition to criminal charges, several cities, including Santa Ana and Davis, authorize administrative citations for violations of camping ordinances. Unlike criminal penalties, administrative citations allow cities to address ordinance violations without involving the courts. Suisun City Municipal Code § 1.20.010 currently provides administrative citations may be pursued by the city as an alternative to any criminal prosecution to address any violation of Title 12.

v. Exclusion Orders

Some cities had adopted provisions that allow enforcement of camping ordinances with exclusion orders, which bar individuals from returning to a specific public area for a defined period following a violation. For example, Merced adopted an ordinance authorizing exclusion orders that prohibit repeat violators from specified public spaces for up to 30 days. Merced Mun. Code § 9.51.070(B). Temple City allows for a 60-day exclusion for individuals who commit a felony, cause property damage exceeding $1,000, or engage in threatening behavior.

The proposed ordinance will add exclusion orders to the list of penalties enforcement officers may issue to individuals who violate this ordinance. The new exclusion order provisions will allow enforcement officers to prohibit individuals from public parks or city-owned or operated public utilities for thirty (30) days when the individual has received multiple citations for violations on the same public park or city-owned or operated public utility.

vi. Discretion to Adopt Regulations and Policies

Several cities adopted regulations that provide city departments or executives discretion to adopt administrative rules or policies regarding the enforcement of camping ordinances. For example, Davis and Sacramento authorize the director of parks and community services or the city manager to adopt regulations regarding camp operation, maintenance, security, sanitation, and quiet hours. Davis Mun. Code § 26.11.060; Sacramento Mun. Code § 12.52.070.

The proposed ordinance will authorize the city manager to modify or suspend the enforcement of this ordinance. Additionally, the new provisions enable the city manager to adopt administrative rules or policies that govern or guide enforcement. This allows enforcement measures to be updated without the need for a formal ordinance amendment.

vii. Public Nuisance

Many cities have amended their ordinances to explicitly declare unlawful camping or storage of personal property on public land a public nuisance, allowing for enforcement through nuisance 177
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abatement procedures. For example, Fremont declares unlawful camping violations to be nuisances subject to abatement “by the city by any lawful means.” Fremont Mun. Code §

8.90.060(b)(3). Suisun City currently provides that “[a]ny violation of any provision of the Suisun City Municipal Code is hereby declared to be a public nuisance.” Suisun City Mun. Code § 8.12.100.

III. Conclusion

In general, post-Grants Pass, cities have updated their anti-camping ordinances to provide more detailed prohibitions and expanded the types of enforcement options available. While Suisun City’s existing ordinance is generally consistent with others across the state, clarifying certain definitions would help clarify the ordinance’s scope and in turn, make the ordinance more enforceable. In addition, adding exclusion orders to the list of enforcement options may assist in enforcing the ordinance without the required involvement of the courts.

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Chapter 12.24 - CAMPING ON PUBLIC PROPERTY

12.24. 010 - Applicability.

This chapter is enacted to ensure that the public streets and areas within the city should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended. The purpose of this chapter is to maintain public streets and areas within the city in a clean and accessible condition.
(Ord. 655 § 1 (part), 2001)

12.24. 020 - Definitions.

For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:
"Camp" means to pitch or occupy camp facilities; to use camp paraphernalia. "Camp facilities" include, but are not limited to, tents, huts or temporary shelters. "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, bedding, sleeping bags, hammocks or noncity designated cooking facilities and similar equipment. "Park" means any reservation, playground, swimming pool, recreation center, or any other area in the city, owned or used by the city and devoted to active or passive recreation, excluding golf courses. "Public street" means the same as defined in Section 18.04.590 of this Code. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
(Ord. 655 § 1 (part), 2001)

12.24. 030 - Unlawful camping.

It is unlawful for any person to camp, occupy camp facilities or use camp paraphernalia in the following areas, except as otherwise provided:

A. Any public street;
B. Any public parking lot or public area, improved or unimproved. (Ord. 655 § 1 (part), 2001)
179

12.24. 040 - Storage of personal property in public areas.

It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise provided:

A. Any park;
B. Any street;
C. Any public parking lot or public area, improved or unimproved. (Ord. 655 § 1 (part), 2001)

12.24.050 - Violations.

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. (Ord. 655 § 1 (part), 2001)
(Ord. No. 808. § 13, 12-5-2023)
180
Chapter 18.57- MOBILE LIVING UNITS

18.57.010 - Purpose.

This chapter defines where and in what manner mobile living units may be used for living and sleeping purposes or prohibited from such uses.
(Ord. No. 743, § 3, 3-21-2017)

18.57.020 - Applicability.

The chapter applies to mobile living units operating within any zoning district in the city, regardless of whether the unit is located on public or private property, and whether the use is personal or commercial in nature.
(Ord. No. 743, § 3, 3-21-2017)

18.57.030 - Definitions.
"Commercial coach (or commercial modular)." A structure transported in one or more sections designed and equipped for human occupancy for industrial, professional, or commercial purposes. "Mobile living unit." Includes recreational vehicle, commercial coach, truck camper, travel trailer, park trailer, camp trailer or floating home, as defined in Section 18010 of the California Health and Safety Code (recreational vehicle as also defined in Section 799.29 of the 2011 Mobilehome Residency Law) or any other vehicle or structure designed or altered and that is designed for human habitation for recreational, emergency, or other occupancy; contains less than 400 square feet or less of gross area, and less than 320 square feet of living area, is built on a single chassis, and is self-propelled, truck-mounted, or permanently towable.
(Ord. No. 743, § 3, 3-21-2017)

18.57.040 - Use or occupancy of mobile living units for living or sleeping.

It is unlawful for any person to occupy, for living or sleeping purposes, any mobile living unit upon any street, alley, road, highway, public parking lot, or upon any other parcel of publicly or privately owned real property, except as provided in this chapter.
(Ord. No. 743, § 3, 3-21-2017)

18.57.050 - Permitted use and occupancy of mobile sleeping units. 181
This chapter shall not apply to or prohibit the occupancy of mobile living units for living or sleeping purposes at the following times or places:

A. While the mobile living unit is in motion upon a street, road, highway or alley; B. While the mobile living unit is parked in a lawfully established and licensed mobile home park (as defined by Chapter 2.5, Article 1, Section 798.4 of the 2011 Mobilehome Residency Law, California Civil Code), recreational vehicle park (as defined by Section 18862.39 of the California Health and Safety Code) or labor camp (subject to Title 8, Section 3350 of the California Labor Code), or in other public or private facilities which are designed, equipped and licensed by the city to accommodate mobile living units and which provide for temporary or permanent utility connections to such mobile living unit; C. While the mobile living unit is parked on private property, and not on a public street, parking lot, or right-of-way, at the invitation of the person owning or having the right to possess the private property and:

1. The mobile living unit is not connected to any utility or sewer or wastewater facilities other than a temporary electrical connection installed and connected to the mobile living unit in compliance with all applicable laws and ordinances of the city,

2. The owner or persons having the right of possession of the private property upon which the mobile living unit is parked received no direct or indirect payment, gratuity or remuneration of any kind from the owner of or occupant of the mobile living unit for allowing the same to be parked upon said private property,

3. The invited mobile living unit (the guest) is not parked on the same private property for more than seven days in any 12-month period,

4. The occupants of the mobile living unit do not discharge any litter, sewage or wastewater, effluent, garbage or other matter out of or from the mobile living unit while so parked except into public or private facilities intended for the disposal of such material, and

5. The mobile living unit is completely self-contained so far as utilities are concerned including disposal of wastewater and sewage.
(Ord. No. 743, § 3, 3-21-2017)

18.57.060 - No prohibition of storage.

Nothing in this chapter shall be deemed to prohibit an owner or occupants of a mobile living unit from parking the same upon property owned by him or her of which he or she has the right of possession as long as the mobile living unit is not used for living or sleeping purposes or in violation of any other provisions of this chapter.
182
‘ (Ord. No. 743, § 3, 3-21-2017)

18.57.070 - Punishment for violation.

Violation of any of the provisions of this chapter shall constitute an infraction (Ord. No. 743, §3, 3-21-2017)

18.57.080 - Declaration of public nuisance.

Any occupancy or use of a mobile living unit and the mobile living unit itself, parked or occupied in violation of the provisions of this chapter shall be and the same is declared unlawful and a public nuisance.

The city may initiate any necessary proceeding for the abatement, removal and prohibition of use thereof in the manner provided by law and may take all steps available to it to accomplish such ends, and may apply to a court of competent jurisdiction for granting such relief that will remove and abate that mobile living unit upon a site or place or in a manner contrary to the provisions of this chapter. The remedies prescribed in this chapter are cumulative and nonexclusive.
(Ord. No. 743, § 3, 3-21-2017)
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21.06.070 - Overnight camping in marina land areas prohibited.

Use of marina land areas for overnight camping or sleeping is prohibited. The director may authorize camping during special events only if the event contributes significantly to the benefit or betterment of the community.
(Ord. 647 (part), 1999: Ord. 615 (part), 1999)
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Presented by:

Summary of Proposed Camping
Ordinance Amendments
June 3, 2025
1 Patrick Enright, City Attorney
185
Overview
 The City has seen an increase in unauthorized
encampments, negatively impacting public spaces
and local businesses.
 Encampments have created health and safety
concerns, including fire risks, hazardous waste, and
unsanitary conditions.
 Current ordinance provides limited options for City to effectively remove unlawful encampments.
 The Proposed Ordinance provides additional camping
regulations and enforcement options to help protect
the health, welfare and safety of the City’s residents. 2186
Background:

GRANTS PASS V. JOHNSON
• Argued that the City’s practice of
ticketing unhoused individuals for
camping in public violated the 8th
Amendment to the US Constitution
• prohibits “cruel and unusual punishment”
187
Background:

GRANTS PASS V. JOHNSON
 9th Circuit Court of Appeals had ruled in
favor of plaintiffs
• Criminalizing the act of sleeping in public
violated the 8
th Amendment if the
homeless population outnumbers the
number of “practically available” shelter
beds
188
US Supreme Court rules that
enforcing laws that prohibit
camping on public property
is not cruel and unusual
punishment
189
 Local governments have “broad power”
over the substance of their criminal laws.
• Cities can criminalize knowing or intentional
drug use or possession, public urination, starting
fines, littering, harassment, theft, roadway
obstruction, and even sleeping or camping on
public property.
• Criminal penalties are not “cruel” or “usual“.”
US Supreme Court Rationale
190
 Cities may freely enforce laws regulating
camping on public property
• Cities no longer need to deal with the
monumentally difficult and expensive task of
keeping an accurate accounting of the
number of homeless person
• Nor will cities have to assess the “adequacy”
and “availability” of shelter space
• Cities may now enforce their camping and
sleeping ordinances
Regulating Camping on Public
Property
191
Governor’s Order N-1-24 (2024)
 July 25, 2024 - Ordered state agencies to address
dangerous encampments immediately and urged
cities to do the same
 May 15, 2025 - Governor released a model
ordinance for cities and counties
8192
Suisun City Current Camping
Ordinance
 Chapter 12.24
• Unlawful to camp, occupy camp facilities or use camp
paraphernalia in:
– in any public street,
– parking lot or public area, improved or unimproved
• Ordinance was adopted in 2001 and never revised per
the 9
th Circuit Court of Appeals decision
• Current Ordinance lacks clear definitions and provides limited enforcement options
193
Proposed Camping
Ordinance
194
 Updates Chapter 12.24 (Camping on Public
Property)
• Does not change Chapter 18.57 for Mobile Living Units and Section 21.06.070 regarding sleeping overnight in the Marina District
 Incorporates definitions proposed in the
Governor’s Model Ordinance
Proposed Ordinance - Overview
195
Use of Vehicles for Human
Habitation
 Prohibits use of vehicles for human habitation on
public property
• Amends definition of “camp facilities” to mean all
temporary shelters, “including but not limited to, tents, huts, vehicles, vehicles camping outfits...”
 Current ordinance does not prohibit living in
vehicles
12196
 Prohibits camping on:
• Public or private properties not designated and
equipped, or otherwise authorized for such camping;
• Any location within 200 feet of any posted notice to
vacate or other sign prohibiting sitting, sleeping, lying, camping, or placing personal property in that location.  Prohibits overnight camping on private residential
property without the owner’s consent.
• Current ordinance does not prohibit camping on private property.

Camping
197
Unlawful Obstructions
 Adds section prohibiting loitering, sitting, lying
down, or sleeping on any street, sidewalk, park, or
other public place in a manner that obstructs the
entrances or exit of any public or private building
 Any person who refuses or fails to disperse or
move when directed to do so by an enforcement
officer is in violation of this prohibition.
14198
Storage of Personal Property on
Public Property
 Existing code prohibits storage of personal property in any park, street, or public parking lot or public area.  Proposed Ordinance:
• Retains City’s ban on storing personal property on public property
• Establishes 24 hour pre-removal notice requirements
• Lists information that must be included in notice
• Establishes protocol for removing unlawfully stored personal property
• Requires storing property for 90 days (or duration required by law)
15199
Supplemental Rules and
Regulations
 Allows the City to modify or suspend enforcement
of any section in the event of a declared
emergency
 Allows the City to adopt administrative rules or
policies governing or guiding enforcement of
camping regulations
16200
 1st violation is an infraction punishable by a fine
not exceeding $50.00
 2nd and each subsequent violation within a one-
year period may be prosecuted as a
misdemeanor, punishable by a fine not to exceed
$1,000 or by imprisonment in the county jail not to
exceed six months, or both
• Misdemeanor requires booking at the county jail
• Citing as misdemeanor on the second violation is not
mandatory – could be cited for an infraction again a
second time
Enforcement
201
Enforcement
 Additional enforcement mechanism – Exclusion Orders
 Exclusion Order temporarily prohibits an individual from a public park or essential City-owned or operated
public utility for 30 days when the individual has:
• Violated the Camping Ordinance two or more times in one year; or
• Violated state law one or more times in one year; or
• Within three months, violates the Camping Ordinance or state law on another public park or City public utility.  The individual issued an Exclusion Order can appeal.
18202
Other Code Enforcement
Options
 Administrative citation – Chapter 1.20
• Section 1.20.010 provides an alternative to any
criminal prosecution which may be pursued by
the city to address any violation of this code
203
Thank you!
Patrick Enright, City Attorney
Richards, Watson & Gershon
[email protected]
204
AGENDA ITEM NO. 12.

AGENDA TRANSMITTAL

MEETING DATE:

June
3, 2025

AGENDA ITEM:

Housing Authority Adoption of Resolution No. HA 2025-___: Approving Administrative Plan Revisions to the Housing Choice Voucher Program Required by the United States Department of Housing and Urban Development.

FISCAL IMPACT:

None.

STRATEGIC PLAN:

Provide Good Governance.

BACKGROUND:

The Administrative Plan outlines the policies and procedures governing the Suisun City Housing Authority’s (SCHA) administration of the Housing Choice Voucher (HCV) program, as required by the U.S. Department of Housing and Urban Development (HUD). Periodic updates are necessary to ensure compliance with federal regulations and to reflect changes in program administration, policy priorities, and operational procedures.

Three major HUD initiatives have prompted the current proposed revisions:
1) Housing Opportunity Through Modernization Act (HOTMA) of 2016:

HUD published final rules implementing Sections 102, 103, and 104 of HOTMA in January 2023.

These provisions affect income calculations, asset limitations, and eligibility determinations for families participating in the HCV and Public Housing programs. PHAs are required to adopt HOTMA- compliant policies by July 1, 2025.
2) National Standards for the Physical Inspection of Real Estate (NSPIRE):

NSPIRE replaces the previous Uniform Physical Condition Standards (UPCS) and Housing Quality Standards (HQS). It emphasizes health and safety through objective, standardized inspection criteria.

NSPIRE implementation is required by October 1, 2025.
3) HUD-Veterans Affairs Supportive Housing (VASH) Program:

The HUD-VASH program combines HCV rental assistance for homeless Veterans with case management and clinical services provided by the Department of Veterans Affairs (VA). VA provides these services for participating Veterans at VA medical centers, community-based outreach clinics, through VA contractors, or through other designated entities. In January 2025, HUD awarded five VASH vouchers to the SCHA and began implementing the program on May 1, 2025.

STAFF REPORT:

Key updates to the Administrative Plan include:

HOTMA-Related Revisions:
205
Because HOTMA 102/104 policies do not have a full compliance date set by HUD, Chapters 6, 7, and 11 are labeled with “A” as these chapter contain policies. When HUD’s full compliance date is set, a “B” version will be presented for adoption.

Revised income determinations to reflect new definitions of annual and adjusted income thus aligning HUD programs with IRS definitions to simplify and streamline calculations.

Elderly/disabled family deduction increased from $400 to $525.

Implementation of new asset limits for eligibility. Examples include: (a) the exclusion of certain retirement and education savings accounts; and (b) and households owning real property suitable for occupancy are generally ineligible.

Adjustments to interim reexamination policies, including minimum thresholds for reexaminations at 10 percent.

Eliminated the Earned Income Disregard (EID) which was viewed as an administrative burden by many housing agencies.

NSPIRE-Related Revisions:

Found in Chapter 8
Adoption of NSPIRE physical inspection protocols for HCV units.

Prioritized resident health and safety with real-world risk levels (Low, Moderate, and Severe).

Enhanced documentation and reporting procedures for inspections and owner compliance.

HUD-VASH Program-Related Revisions:

Chapter 19 added to encompass special purpose vouchers including VASH.

Identified targeted funded under 24 Code of Federal 982.204(e).

Specified eligibility criteria including income limits and veteran status.

Established referral process through the VA Medical Centers in lieu of a standard housing authority waiting list.

On April 16, 2025, a public notice was published in the Daily Republic regarding the public hearing on the Administrative Plan in accordance with HUD regulations. The draft Administrative Plan update was made available for public review and comment at the Housing Authority Office and website. The Public Hearing was originally scheduled for May 20, 2025. The item was continued to June 3, 2025.

STAFF RECOMMENDATION:

It is recommended that the Authority adopt Resolution No. HA 2025-___:

Approv
ing Revisions to the Housing Choice Voucher Administrative Plan Required by the U.S. Department of Housing and Urban Development.

DOCUMENTS ATTACHED:
1 .

Resolution No. HA 2025-___: Approving Revisions to the Housing Choice Voucher Administrative Plan Required by the U.S. Department of Housing and Urban Development. 2 .

Daily Republic Proof of Publication dated April 16, 2025: Public Hearing Housing Authority of the City of Suisun City Administrative Plan Update
3 .

Administrative Plan Update 2025 DRAFT (Due to size the document is available for review at the City Clerk's office or online at
https://www.suisun.com/files/sharedassets/suisuncity/v/2/departments/housing- authority/documents/scha-admin-plan-draft-2025.pdf).

PREPARED BY:

Jason Goltiao, Housing Programs Manager
206
REVIEWED BY:

Bret Prebula, City Manager
APPROVED BY:

Bret Prebula, City Manager

ATTACHMENTS:

1. Resolution Approving Revisions to the SCHA Administrative Plan

2. Daily Republic Public Notice Admin Plan 2025
.
207
RESOLUTION NO. HA 2025-__

A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SUISUN CITY

APPROVING UPDATES TO THE HOUSING CHOICE VOUCHER ADMINISTRATIVE

PLAN REQUIRED BY THE UNITED STATES DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires that the Housing Authority of the City of Suisun City adopt and maintain an Administrative Plan for its Housing Choice Voucher (HCV) Program; and

WHEREAS, said Administrative Plan is to establish policies for working within local rental markets; and

WHEREAS, HUD has issued final rules for the Housing Oppor tunity Through Modernization Act of 2016 (HOTMA) requiring compliance no later than July 1, 2025; and

WHEREAS, HUD has replaced Housing Quality Standards (HQS) with the National Standards for the Physical Inspection of Real Estate (NSPIRE) for HCV and Public Housing programs, requiring PHAs to adopt inspection policies aligned with NSPIRE protocols no later than October 1, 2025; and

WHEREAS, the Housing Authority of the City of Suisun City has expanded its participation in the Veterans Affairs Supportive Housing (VASH) program in collaboration with the Department of Veterans Affairs effective May 1, 2025, and must incorporate program-specific procedures and requirements into its Administrative Plan; and

WHEREAS, the staff of the City of Suisun City has reviewed and revised the Administrative Plan to comply with these federal mandates and operational updates, and ha s submitted such revisions to the Board for review and approval;

NOW, THEREFORE, BE IT RESOLVED that the Housing Authority hereby approves the Administrative Plan updates as shown in Exhibit A and authorizes the Executive Director, or his designee, to submit the Administrative Plan to HUD.

PASSED AND ADOPTED at a Regular Meeting of the Housing Authority of Suisun City, duly held on the Tuesday, June 3, 2025, by the following vote:

AYES: COMMISSIONERS _______________________________________________ NOES: COMMISSIONERS _______________________________________________ ABSENT: COMMISSIONERS _______________________________________________ ABSTAIN: COMMISSIONERS _______________________________________________

WITNESS my hand and seal of said Housing Authority this 3rd day of June 2025.

___________________________________
Anita Skinner,
City Clerk
208
209

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AGENDA ITEM NO. 13.

AGENDA TRANSMITTAL

MEETING DATE:

June
3, 2025

AGENDA ITEM:

Council Adoption of Resolution No. 2025 -__: A Resolution of the City Council of the City of Suisun City, California, Adopting Rules of Procedures and Conduct of Commissioners, Committee Members, and Board Members.

FISCAL IMPACT:

None.

STRATEGIC PLAN:

Good Governance.

BACKGROUND:

In October 2024, the City Council updated its Norms and Procedures for City Council Members. This Resolution will adopt similar rules and procedures for the City’s Commissions, Board, and Committees. In particular, the Resolution addresses standard of conduct, demeanor, decorum, and conduct of meetings, code of ethics, conflicts, political activities, use of office for personal gain, and representation of the Commissioner’s Belief as the Belief of the Commission.

STAFF REPORT:

In accordance with prior direction from Council, staff has prepared the attached draft Rules of Procedure for the Conduct of City Commissioners, Committee Members, and Board Members for the City Council’s consideration.

Currently there is no citywide policy which outlines procedural and conduct expectations for Commissioners, Committee Members, and Board Members. While these officials have been following implicit expectations, it is more prudent and appropriate to have a formal document describing the expectations of these officials, and consequences for failure to comply, in the future.

Specifically, this Resolution outlines six steps related to commission decorum and the conduct of meetings. It requires commissioners desiring to speak to address the chair, to be confined to the question under debate, to not interrupt one another, to provide each other with utmost courtesy, and grants commissioners the right to move to require the chair to enforce these rules.

This Resolution requires every public official to follow a code of ethics and to conduct themselves in a manner that will preserve public confidence in and respect for the government they represent. This code requires each official to treat all citizens with courtesy, impartiality, and equality under the law, and to avoid any actual or potential conflicts between their private self-interests and the public interest.

This Resolution briefly described the obligations of officials under the State Political Reform Act as they relate to Form 700 disclosures of economic interests, and conflicts related to financial or personal gain. It also addresses conflicts related to incompatible employment, representation of private persons, and a prohibition on receipt of gifts and favors. It also prohibits officials from participating in any political activity which would be in conflict with performance of their official duties.

This Resolution prevents officials from using or attempting to use their role with the City for personal gain including financial, career, social, and personal satisfaction-related gains. In order to more 211
specifically implement this obligation, the Resolution prohibits officials from wearing any part of their City uniform to an event where they are not conducting official business for the City. It also prohibits Commissioners from speaking on behalf of the City or their Commission, and encourages individual Commissioners to clarify that they are speaking in their individual capacity in any circumstance where it may otherwise be unclear.

City officials have largely been following these expectations up until this point as they are generally implied in their roles with the City. However, it is prudent for the City to consider formalizing these expectations and rules in writing to prevent any misunderstandings or problems in the future. This Resolution makes it such that a violation of any ethical rules or the standards of conduct outlined in the Resolution may result in the official’s removal from their role.

Staff recommends that the City Council consider the draft Resolution, provide direction to staff regarding any modifications that may be desired, and consider adopting the Code of Conduct.

STAFF RECOMMENDATION:

It is recommended that the City Council Adopt Resolution No. 2025- __: A Resolution of the City Council of the City of Suisun City, California, Adopting Rules of Procedures and Conduct of Commissioners, Committee Members, and Board Members.

DOCUMENTS ATTACHED:
1 .

PowerPoint Presentation

PREPARED BY:

Patrick Enright, City Attorney
REVIEWED BY:

Patrick Enright, City Attorney
APPROVED BY:

Bret Prebula, City Manager

ATTACHMENTS:

1. 2025- Commission Norms Procedures Reso.docx

2. Presentation for Resolution Adopting Council Norms and Procedures.pdf 212

RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN

CITY, CALIFORNIA ADOPTING RULES OF PROCEDURE FOR THE

CONDUCT OF COMMISSIONERS, COMMITTEE MEMBERS , AND
BOARD MEMBERS.

RECITALS
A. The primary intent of California’s open meeting law, the Brown Act, is that the people’s business be conducted openly and transparently, after providing an opportunity to the largest number of members of the public to directly address a city commission, committee, or board before any action is taken on any item. The Brown Act mandates that city commissions, committee and boards adopt rules for “the conduct of business” and requires that agendas for regular meetings provide “an opportunity for members of the public to directly address the legislative body on any item of interest to the public” including agenda items before or during the legislative body’s consideration of the item that is within the subject matter jurisdiction of the legislative body.

B. The Brown Act provides that city councils “may adopt reasonable regulations to ensure the intent” of the Brown Act is carried out. As amended by the City Council, the rules of procedure provide an opportunity for public members to directly address the commission, committee, and board on any item on the agenda before consideration of the item, in full compliance with the Brown Act, at a reasonable time. The Suisun City Council periodically reviews and amends the commission, committee, and board rules of procedure to facilitate the efficient and transparent conduct of the City’s business at a reasonable hour.

C. The City Council desires to amend the rules of order to facilitate effective and efficient meeting management, greater transparency, and meaningful public participation.

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

SECTION 1. PURPOSE AND INTENT

The City Council, by Ordinance, has established a number of commissions, committees and boards (collectively referred to herein as “commissions”) which receive information, investigate, review and make decisions and recommendations regarding many areas of the City’s business. In creating these commissions, the City Council has further obligated itself to the establishment of procedural regulations and standards of conduct for commissioners in carrying out their duties on behalf of the City. The purpose of this Resolution is to set forth those procedural regulations and standards of conduct, with the intent that these regulations and standards will apply to all City commissioners, committee members , and board members (collectively referred to herein as “commissioners”).

It is specifically not the intent of this Resolution that the regulations and standards set forth herein should preempt or supersede conflicting regulations and standards or state or federal law. Where a conflicting provision appears in state law or City ordinances relating to a particular commission, the specific law or ordinance shall apply rather than the general provisions set forth herein.

SECTION 2. PROCEDURAL RULES AND STANDARDS OF CONDUCT
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A. Commissioner Appointment: Members of each commission shall be appointed and shall serve for the period of time set forth in the ordinance creating the commission. Where there is no ordinance establishing a term, members of the commission shall be appointed and shall serve terms concurrent with the appointing Council Member.

Planning Commissioners shall only serve as a member of the Planning Commission and not serve on any other City advisory commissions while serving as a Planning Commissioner.

B. Commissioner Removal: Commissioners shall serve at the pleasure of Mayor. Commissioners may be removed by the Mayor without cause, as follows:

1. At the request of the Mayor, a Commissioner may be removed from office by a majority vote of the City Council.

2. At the request of a Council Member (with the Mayor dissenting), a Commissioner may be removed from office by a majority vote of the City Council.

Vacancies must be reported to the City Clerk and shall be filled in accordance with the law.

C. Commission Attendance : Commissioners are strongly encouraged to attend all regularly scheduled mee tings. Any member of a commission who misses more than three regularly scheduled meetings within a ny fiscal year , without being excused by the Commission, shall be deemed to have vacated their position on the commission. The chair of the commission shall report to the Mayor or other person charged with appointing members of the commission, to the City Clerk, and to the member whose position has been declared vacated, that vacancy exists.

D. Terms of Office: Any commissioner may be appointed and reappointed to an unlimited number of repeated terms of office.

E. Residency Requirements: No person who is not a resident of the City shall serve on any commission having the authority to make binding decisions . Planning Commissioners shall be residents of Suisun City and shall maintain United States citizenship.

F. Commission Meetings: Each commission shall hold regular meetings at times and dates established by resolution of each commission, in accordance with meeting room and staff availability. Such meetings shall be held at the stated time and in a public place, and notice of such meetings shall be given in accordance with the provisions of the Brown Act, Government Code Section 54950 et seq. Each commission shall meet at least once a year for the pur pose of reorganization.

G. Commission Members to Serve Without Pay : Except where otherwise specifically provided by ordinance, commissioners shall serve without pay. Commissioners shall not be reimbursed for time lost from work on City business. Com missioners may be reimbursed for actual costs expended while on City business, with the prior approval of the City Manager. Commissioners may be reimbursed for the use of their personal vehicles for City business at the rate allowed per mile for City empl oyees and officers using personal vehicles on City business, whit the prior approval of the City Manager.

H. Commission Demeanor, Decorum and Conduct of Meetings:
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1. Any commissioner desiring to speak shall address the chair and, upon recognition by the chair, shall confine himself/herself to the question under debate.

2. A commissioner desiring to question the staff shall address his/her question to the City Manager or City Attorney, in appropriate cases, who shall be entitled either to answer the inquiry himself/herself or to designate some member of his/her staff for that purpose.

3. A commissioner, once recognized, shall not be interrupted while speaking unless called to order by the chair; unless another commissioner raises a point of order ; or unless the speaker chooses to yield to questions from another commissioner.

4. Any commissioner called to order while he/she is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, he/she shall be permitted to p roceed. If the point or issue is ruled to be not in order, he/she shall remain silent or shall alter his/her remarks so as to comply with these rules.

5. Commissioners shall accord the utmost courtesy to each other, to City employees, and to the public appearing before the commission and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities.

6. Any commissioner may move to require the chair to enforce the rules and the affirmative vote of a majority of the commission shall require him/her to so act.

I. Action by Resolution or Minute Action: Actions of commissions shall be taken by resolution or minute action.

J. Code of Ethics: The public judges its government by the way public officials and employees conduct themselves in the posts to which they are elected or appointed. The people have a right to expect that every public official will conduct himself/herself in a manner that will tend to preserve public confidence in and respect for the government represented. Such confidence and respect can best be promoted if every public official and employee, whether paid or unpaid, and whether elected or appointed, will uniformly: (a) treat al l citizens with courtesy, impartiality, fairness and equality under the law; and (b) avoid both actual and potential conflicts between their private self-interests and the public interest. This code of ethics should apply to all commissioners.

K. Conflicts of Interest: The State Political Reform Act applies to all commissioners. Two important provisions:

1. Form 700 Disclosure of Economic Interest. The Act requires public officials to disclose assets and income that may be materially affected by their official actions by filing a “Statement of Economic Interests” (also known as a “Form 700”). For the purpose of this Resolution, the requirement applies to all commissioners. Each must file the Form 700 within 30 days after assuming office, annually, and upon leaving office, a final statement. Confer with the City Clerk as to this requirement.

2. Financial or Personal Interest . Generally, in addition to the disclosure requirements 215

for Form 700 filers, the Act requires all commissioners to disqualify themselves from making, participating in making, or in any way attempting to use their official position to influence a governmental decision in which they know or have reason to know they have a finan cial interest. An official has a disqualifying financial interest in a decision if the decision will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, directly on the official or a member of the official’s immediate family, or on certain financial interests identified in the Act . A public official’s financial interests include certain business entities, real property, sources of income, donors of gift, and certain personal finances of the public official and immediate family.

Whenever the performance of official duties shall require any commissioner to vote on any matter involving financial or personal interest, the commissioner, prior to the consideration of the matter, must immediately:

(i) identify each financial interest that gives rise to the conflict in detail sufficient to be understood by the public (except that disclosure of the exact street address of a residence is not required);
(ii) publicly state his or her recusal from the matter; and (iii) leave the room until after the disposition of the matter unless the matter appears on a consent calendar.

Under limited circumstances, the commissioner may appear before the board and speak as a member of the public regarding an applicable personal interest (e.g., a project may impact their residence). A former commissioner shall not, within one year after the date of termination from office, represent any person or business in a matter in which the former commissioner has performed an official act.

L. Representation of Private Persons : No commissioner shall appear on behalf of any private person, other than himself or herself, before any commission or the City Council on a matter which is within the jurisdiction of his or her commissi on except with permission of commission, where the commissioner does not otherwise have a financial interest in the representation and where the commissioner refrains from official participation in the matter.

M. Incompatible Employment: No commissioner shall engage in private employment with or render services for, any private person who has business transactions with the City which may come before the commission for recommendation or decision, unless the commissioner has first made full public disclosure of the nature and extent of such employment services, and the City Attorney has determined that such outside position is not an “incompatible office.”

N. Gifts and Favors: No commissioner shall accept any gift whether in the form of money, thing, favor, loan, or promise, that would not be offered or given if the commissio ner were not in such a position.

O. Confidential Information: No commissioner shall, without prior formal authorization of the City Council, disclose any confidential information concerning any other official or employee, or any other person, or any property or governmental affairs of the City. Whether or not it shall involve disclosure, no commissioner shall use or permit the use of any such confidential information to advance the financial or personal interests of himself/herself or any other person.

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P. Fair and Equal Treatment: No commissioner shall grant or make available to any person any consideration, treatment, advantage, or favor beyond that which it is the general practice to grant or make available to the public at large. No official or employee shall request, use or permit the use of any publicly owned or publicly supported property, vehicle, equ ipment, labor or service for the personal convenience or the private advantage of the official or employee or any other person.

Q. Political Activities: No commissioner shall participate in any political activity which would be in conflict or incompatible with the performance of his or her official functions and duties for the City. No commissioner may use his or her official authority or position for the purpose of influencing or interfering with or affecting the results of any election, nor shall he o r she solicit funds or contributions or accept or receive funds or contributions from City employees for political purposes. No commissioner may distribute pamphlets, petitions or handbills while he or she is performing his or her official functions and du ties with the City. Nothing herein shall be construed to prohibit any commissioner from participating in the political process in his or her capacity as a private citizen.

R. Use of Office for Personal Gain: Commissioners shall not use or attempt to use their role for personal gain. This includes financial, career, social, and personal satisfaction -related gains or any other benefit driven by self -interest. Commissioners shall not wear any part of their City uniform, badge or other City insignia to a meeting, an event or occasion a commissioner attends where they are not conducting official City business.

S. Representation of Commissioner’s Beliefs as Belief of Commission: Commissioners shall not speak on behalf of the City or their Commission. Only the group of commissioners as a whole has the authority to speak on behalf of the Commission. In order to avoid any appearance that a Commissioner is speaking on behalf of the Commission, the Commissioner should clarify that they are speaking in their individual capacity whenever there is risk of misunderstanding of authority.

S. Violations of Ethical Rules or Standards of Conduct : Any violation of an ethical rule or standard of conduct may result in removal from the Commission.

T. Channels of Communication: Commissioners should communicate with City staff through the City Manager or the City employee who has been designated by the City Manager as staff liaison to the Commission.

SECTION 3. ADDRESSING THE COMMISSION - DECORUM AND ORDER

A. Manner of Addressing the Commission

1. Any member of the public desiring to address the Commission shall proceed to the podium and wait to be recognized by the Presiding Officer. After being recognized, he/she shall state his/her name and address for the record.

2. All remarks and questions shall be addressed to the Chair and not to any individual Commission Member, staff member or other person. During a public hearing, all remarks shall be limited to the subject under consideration. No person shall enter into an y discussion without being recognized by the Presiding Officer.

3. Any member of the Commission who has been recognized by the Presiding 217

Officer for such a purpose may address or respond to members of the public who have addressed the Commission pursuant hereto. Such an address or response shall not exceed three minutes in length, and shall be deemed to express the individual position or opinion of the Commissioner offering the same and shall not be construed to bind the Commission or the City in any manner. Unless otherwise directed by the Commission, the restrictions imposed by this Subsection (a) shall apply only to those portions of the Commission Agenda during which members of the public are permitted to make oral communications to the Commission.

B. Time Provided for Communications from the Public: Any member of the public desiring to address the Commission shall be provided three minutes for his/her statement unless further time has been granted by the Presiding Officer in the individual case, or in accordance with Section 4.5. Public Comments to the Commission may also be submitted to the City Clerk or Planning Secretary in written format either by email or other form of written correspondence.

The City Clerk or Planning Secretary shall provide all written public comments to the Commission when received and/or during the Commission meeting. The City Clerk or Planning Secretary is not required to read each comment into the record.

C. Addressing the Commission after Motion is Made: After a motion has been made, or after a public hearing has been closed, no member of the public shall address the Commission.

D. Limitations Regarding Communications from the Public and Reports: The making of oral communications to the Commission by any memb er of the public during the “Communications from the Public” portion of the agenda shall be subject to the following limitations:

1. At any time, before or after the oral communication has commenced, the Presiding Officer may, if he/she deems it preferable, direct that the communication be made instead either to the Planning Director or other appropriate staff member during regular business hours, or in writing, for subsequent submittal to Commissioners.

2. The Presiding Officer may limit the number of s peakers heard on non - agenda topics at a single meeting. Those whose presentations are postponed shall be given priority at the next meeting during the “Communications from the Public” agenda item.

3. If it appears that several speakers desire to speak re garding a single topic, the Presiding Officer may reasonably limit the number speaking, as to each side of an issue.

In this regard, preference may be given to speakers who represent groups of persons who have designated a spokesperson.

E. Decorum and Order - Commissioners: The following Parliamentary Procedures are meant to establish a framework for the orderly conduct of meetings, encourage discussion, and facilitate decision making by the body. The rules of order are meant to create an atmosphere where commissioners and the members of the public can attend to business efficiently, fairly, and with full participation. And at the same time, it is up to the Chair and Commissioners to maintain common courtesy and decorum. It is always best for only one pers on at a time to have the floor, and it is always best for every speaker to be first recognized by the Chair before proceeding to speak. The basic format for an agenda item discussion is as follows:

First, the Chair should clearly announce the agenda ite m number and should clearly state what the subject is.
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Second, following the agenda format, the Chair should invite the appropriate people to report on the item.

Third, the Chair should ask Commissioners if they have any technical questions for clarification.

Fourth, the Chair should invite public comments.

Fifth, the Chair should invite a motion.

Sixth, the Chair should determine if any Commissioners wish to second the motion.

Seventh, if the motion is made and seconded, the Chair should make sure everyone understands the motion.

Eighth, the Chair should now invite discussion of the motion by the Commissioners.

Ninth, the Chair takes a vote. Simply asking for “ayes” and then the “nays” is normally sufficient.

Tenth, the Chair should announce the result of the vote and should announce what action (if any) the body has taken.

F. Decorum and Order – Public: Members of the public attending any Commission meeting shall avoid any conduct that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting.

As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and orde r cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the Commission may order the meeting room cleared and continue the session. Only matters appearing on the agenda may be considered in such a sess ion. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the Commission from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.

The following guidelines shall apply to all interactions between the public and Commissioners and:

1. All comments and interactions shall be conducted in a respectful manner.

2. Threats, including threats of violence, will not be tolerated.

3. Members of the public and Commissioners resolve to refrain from any behavior that disrupts or threatens to disrupt the Commis sion and governmental operations, including the following:
(a) Insulting, demeaning, intimidating, or offensive communication s, including but not limited to, racial, ethnic , religious, sexual orientation or other offensive language against an individual or group of individuals; (b) Harassment or intimidation of any Commission, City staff or 219

member of the public;
(c) Willful destruction of property damage;
(d) Conduct that threatens to provoke a violent reaction or which amounts to sexual harassment;
(e) A continuing pattern of disruptive behavior; and
(f) Notwithstanding the above, members of the public do have the right to make personal, critical or harsh remarks about any matter before the Commission.

G. Enforcement of Decorum: As set forth in Government Code Section 54957.95, the Presiding Officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the Presiding Officer must warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The Presiding Officer may then remove the individual if they do not promptly cease their disruptive behavior. As used in this paragraph, “disrupting” means engaging in behavior during a meeting of the Commission that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting.

Notwithstanding the preceding paragraph, if the individual disrupting the meeting is using force or a true threat of force, they may be removed without a prior warning to cease their behavior.

SECTION 4. MOTIONS

A. Processing of Motions: When a motion is made and seconded , it shall be stated by the Presiding Officer before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it.

B. Motions out of Order: The Presiding Officer may at any time, by majority consent of the Commission, permit a member to introduce an ordinance, resolution, or motion out of the regular agenda order.

C. Division of Question : If the question contains two or more divisional propositions, the Presiding Officer may, and upon request of a memb er shall, divide the motion into two separate motions.

D. Precedence of Motions : When a motion is before the Commission, no motion shall be entertained except the following, which shall have precedence in the following order:

1. Adjourn

2. Fix Hour of Adjournment

3. Table

4. Limit or Terminate Discussion

5. Amend

6. Postpone

E. Motion to Adjourn (Not Debatable): A motion to adjourn shall be in order at any time, except as follows:

1. When repeated without intervening business or discussion;

2. When made as an interruption of a member while speaking; 220

3. When discussion has been ended, and a vote on a motion is pending; and

4. While a vote is being taken.

A motion to adjourn “to another time” shall be debatable only as to the time to which the meeting is adjourned.

F. Motion to Fix Hour of Adjournment: Such a motion shall be set to a definite time at which to adjourn and shall be undebatable and shall be unamendable except by unanimous vote.

G. Motion to Table: A motion to table shall be used to temporarily bypass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be “taken from the table” at any time prior to the end of the next regular meeting.

H. Motion to Limit or Terminate Discussion : Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion.

I. Motion to Amend : A motion to amend shall be debatable only as to the amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment. Amendments shall be voted on first, then the main motion as amended.

J. Motion to Continue: Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set.

K. When Multiple Motions are Before the Governing Body: Up to three motions may be on the floor simultaneously. When two or three motions are on the floor (after motions and seconds) at the same time, the first vote should be the last motion made.

SECTION 5. VOTING PROCEDURE

A. Voting Procedure: In acting upon every motion, the vote shall be taken by voice or roll call or any other method by which the vote of each Commissioner present may be clearly ascertained. The vote on each motion shall then be entered in full upon the record. The City Clerk or Planning Secretary shall call the names of all members seated when a roll call vote is ordered or required. The order of voting shall be the maker of the motion first. The second shall be next. The next two shall be alternated and the Chairperson sha ll be last. Members shall respond “aye,” “no” or “abstain,” provided that when a vote is collectively taken by voice or when a method of voting other than by voice or roll call is used, any Commissioner not audibly and clearly responding “no” or “abstain” or otherwise registering an objection shall have his vote recorded as “aye.”

Any question before the Commission shall not require a roll call vote unless demanded by any member. It shall not be in order for members to explain their vote during roll call. Any member may change his/her vote before the next order of business.

B. Failure to Vote : Every Commissioner should vote unless disqualified for cause. 221

Disqualification for cause includes but is not limited to, a conflict of interest in the decisio n that legally requires his or her recusal and disqualification from the decision.

C. Reconsideration: Any Commissioner who voted with the majority may move a reconsideration of any action at the same meeting. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of the Commission.

D. Tie Votes: Tie votes shall be lost motions. When all Commissioners eligible to vote are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal unless the Commission takes other action to further consider the matter.

If a tie vote results at a time when less than all members of the Commission that are eligible to vote are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Commission, unless otherwise ordered by the Commission.

SECTION 6. ADMINISTRATIVE OVERSIGHT OF AND ASSISTANC E TO COMMISSIONS.

A. Each commission shall be assigned appropriate administrative support, under the oversight of the City Manager, to provide administrative assistance with such matters as the preparation of agendas, recommendations for action, minutes, memoranda of decisions and official correspondence, and shall coordinate the clerical and technical work of the Commission in administering their official functions. Such administrative support shall attend Commission meetings, but shall serve in an advisory capacity only and shall have no voting rights.

B. The City Clerk shall be the custodian of records for all Commissions. Minutes of Commission meetings shall be provided to the City Council.

SECTION 7. This Resolution shall take effect immediately and any other version of these Policies and Procedures are hereby repealed and replaced with the Policies and Procedures contained in this Resolution.

SECTION 8. The City Clerk shall certify the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED, this ____ day of _____, 2025.

________________________________

ALMA HERNANDEZ, MAYOR

ATTEST:

_________________________________________ ANITA

SKINNER, CITY CLERK

APPROVED AS TO FORM:

_________________________________________

PATRICK ENRIGHT, CITY ATTORNEY
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CERTIFICATION
I, Anita Skinner, City Clerk of the City of Suisun City and ex-officio Clerk of the City Council of said City, do hereby certify that the above and foregoing resolution was introduced at a regular meeting of said City Council held on this ____ day of ___ 2025, and regularly passed and adopted at a regular meeting of Said City Council held on ____ day of ___ 2025, by the following vote.

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this ___ day of ____ 2025.

______________________________
Anita Skinner
City Clerk

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Presented by:

Summary of Proposed Commissioner
Norms and Procedures
June 3, 2025
1 Patrick Enright, City Attorney
224
Overview
 The City updated its Norms and Procedures for
City Councilmembers in late-2024
 Currently, there are no comparable Norms and
Procedures for Commissioners, Board Members,
and Committee Members
 The Proposed Norms and Procedures provides
these comparable procedures for these officials
 These expectations have largely been followed
implicitly up until this point, but it is prudent to put them in formal writing
2225
Background: City Commissions,
Committees, and Boards
• The City Council, by Ordinance, has established a
number of commissions, committees and boards which
receive information, investigate, review and make
decisions and recommendations regarding many areas
of the City’s business
• In creating these commissions, the City Council has
further obligated itself to the establishment of procedural regulations and standards of conduct for commissioners
in carrying out their duties on behalf of the City
226
Suisun City Current Commissioner
Norms and Procedures
 Currently no Citywide Policy
• No policy outlining procedural and conduct expectations for Commissioners, Committee Members, and Board
Members
• It is appropriate to have a formal document describing the expectations of these officials, and consequences for failure to comply
227
Proposed Norms and
Procedures
228
 Fills the gap of expected norms and procedures
for Commissioners, Committee Members, and
Board Members
 Sets forth procedural regulations and standards of
conduct with the intent that these regulations and
standards will apply to all City commissioners,
committee members and board members
Proposed Norms and Procedures
- Overview
229
Standards of Conduct
 Standards of Conduct regarding appointment and
removal processes, and expectations while sitting
on Commission
• Commissioners are appointed in the manner required by the establishing ordinance, and may be removed by the
Mayor or by a 4/5 vote of City Council
• Commissioners are expected to attend all regularly
scheduled meetings
• Commissioners must live in the City and are expected to serve without pay
7230
 Sets forth the expected procedures to be conducted in a meeting
• Commissioners shall address the chair if they desire to speak • Any question for staff shall be addressed to the City Manager or City Attorney, who may answer the question
themselves or inquire of staff
• Commissioners shall not interrupt one another
• Calls to order require the speaker to immediately stop speaking
• Commissioners shall afford courtesy to one another, staff, and the public
• Any commissioner may move to require the chair to enforce these rules
Demeanor, Decorum & Conduct
of Meetings
231
Code of Ethics
 Requires every public official to follow a code of
ethics
• Expected to conduct themselves in a manner that will
preserve public confidence in and respect for the
government they represent
• Requires each official to treat all citizens with courtesy, impartiality, and equality under the law, and to avoid any actual or potential conflicts between their private self- interests and the public interest
9232
Conflicts of Interest and Political
Activities
 Briefly outlines conflict requirements of the State
Political Reform Act
• Form 700 disclosures are required after assuming office, annually, and upon leaving office
• Financial and Personal Interests generally require
commissioners to disqualify themselves from making,
participating in making, or attempting to use their official position to influence a governmental decision.
 Commissioners cannot participate in political
activities which would be in conflict with their
current official duties for the City
10233
 Prohibits Use of Political Office for Personal Gain
• Includes financial, career, social, and personal
satisfaction-related gains
• Officials cannot wear any part of their City uniform to an event where they are not conducting official business for the City
 Prohibits Speaking on Behalf of City or Commission
• Encourages individual commissioners to clarify that they are speaking in their individual capacity when it may be unclear
Use of Office for Personal Gain
and Speaking on Behalf of City
234
Enforcement
 Violation of the ethical rules or standards of
conduct is grounds for removal from office
12235
Thank you!
Patrick Enright, City Attorney
Richards, Watson & Gershon
[email protected]
236

Suisun City City CouncilJune 3, 2025

Suisun City City Council
June 3, 2025