Special Meeting of the Suisun City Council Tuesday, February 18, 2020 5:45 Pm

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CITY COUNCIL CITY COUNCIL MEETING Lori Wilson, Mayor Wanda Williams, Mayor Pro-Tem First and Third Tuesday Anthony Adams Every Month Jane Day Michael A. Segala A G E N D A

SPECIAL MEETING OF THE SUISUN CITY COUNCIL TUESDAY, FEBRUARY 18, 2020 5:45 P.M.

SUISUN CITY COUNCIL CHAMBERS -- 701 CIVIC CENTER BOULEVARD -- SUISUN CITY, CALIFORNIA

NOTICE Pursuant to Government Code Section 54953, Subdivision (b), the following City Council/Successor Agency meeting includes teleconference participation by Council Member Jane Day from: 301 Morgan Street, Suisun City, CA 94585.

ROLL CALL Council Members 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.) CONFLICT OF INTEREST NOTIFICATION (Any items on this agenda that might be a conflict of interest to any Councilmembers / Boardmembers should be identified at this time.) CLOSED SESSION 1. PERSONNEL MATTERS Pursuant to California Government Code Section 54957(b)(1) et seq. the Suisun City Council will hold a Closed Session for the purpose of Public Employee Performance Evaluation: City Manager

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

ADJOURNMENT

DEPARTMENTS: AREA CODE (707) ADMINISTRATION 421- 7300  PLANNING 421- 7335  BUILDING 421- 7310  FINANCE 421- 7320 FIRE 425- 9133  RECREATION & COMMUNITY SERVICES 421- 7200  POLICE 421- 7373  PUBLIC WORKS 421- 7340 SUCCESSOR AGENCY 421- 7309 FAX 421- 7366 February 18, 2020 City Council Page 2

A complete packet of information containing staff reports and exhibits related to each item for the open session of this meeting, and provided to the City Council, are available for public review at least 72 hours prior to a Council /Agency/Authority Meeting at Suisun City Hall 701 Civic Center Blvd., Suisun City. Agenda related writings or documents provided to a majority of the Council/Board/Commissioners less than 72 hours prior to a Council/Agency/Authority meeting related to an agenda item for the open session of this meeting will be made available for public inspection during normal business hours. An agenda packet is also located at the entrance to the Council Chambers during the meeting for public review. The City may charge photocopying charges for requested copies of such documents. Assistive listening devices may be obtained at the meeting PLEASE NOTE: 1. The City Council/Agency/Authority hopes to conclude its public business by 11:00 P.M. Ordinarily, no new items will be taken up after the 11:00 P.M. cutoff 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. 2. Suisun City is committed to providing full access to these proceedings; individuals with special needs may call 421-7300. 3. Agendas are posted at least 72 hours in advance of regular meetings at Suisun City Hall, 701 Civic Center Boulevard, Suisun City, CA. Agendas may be posted at other Suisun City locations including the Suisun City Fire Station, 621 Pintail Drive, Suisun City, CA, and the Suisun City Senior Center, 318 Merganser Drive, Suisun City, CA.

I, Donna Pock, Deputy City Clerk for the City of Suisun City, declare under penalty of perjury that the above agenda for the meeting of February 18, 2020 was posted and available for review, in compliance with the Brown Act.

CITY COUNCIL CITY COUNCIL MEETING Lori Wilson, Mayor Wanda Williams, Mayor Pro-Tem First and Third Tuesday Anthony Adams Every Month Jane Day Michael A. Segala A G E N D A

REGULAR MEETING OF THE SUISUN CITY COUNCIL SUISUN CITY COUNCIL ACTING AS SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SUISUN CITY, AND HOUSING AUTHORITY TUESDAY, FEBRUARY 18, 2020 6:30 P.M.

SUISUN CITY COUNCIL CHAMBERS -- 701 CIVIC CENTER BOULEVARD -- SUISUN CITY, CALIFORNIA

NOTICE Pursuant to Government Code Section 54953, Subdivision (b), the following Council/Successor Agency/Housing Authority meeting includes teleconference participation by: Council/Board Member Jane Day from 301 Morgan Street, Suisun City, CA 94585.

(Next Ord. No. – 768) (Next City Council Res. No. 2020 – 16) Next Suisun City Council Acting as Successor Agency Res. No. SA2020 - 01) (Next Housing Authority Res. No. HA2020 – 02) ROLL CALL Council / Board Members Pledge of Allegiance Invocation 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.)

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

REPORTS: (Informational items only.)

PRESENTATIONS/APPOINTMENTS (Presentations, Awards, Proclamations, Appointments). City Council 1. Committee Appointments - (Wilson: [email protected]). a. Solano County Library Advisory Council CONSENT CALENDAR Consent calendar items requiring little or no discussion may be acted upon with one motion. City Council 2. Council Adoption of Resolution 2020-___: Approving the Purchase of a 2019 Bayliner Element F21 Watercraft from Pacific Marine Service - (Lofthus: [email protected]). 3. Council Adoption of Ordinance 767: Amending Chapter 15.04 of Title 15 of the Suisun City Municipal Code, Which Adopts by Reference the 2019 California Building Code, the 2019 California Residential Code, the 2019 California Electrical Code, the 2019 California Plumbing Code, the 2019 California Mechanical Code, the 2019 California Fire Code, the 2019 California Building Standards Administrative Code, the 2019 California Green Building Standards Code, the California existing Building Code and the 2019 California Reference Standards Code (Introduced and Reading Waived on February 4, 2020). - (Folsom/Higgs/Maio: [email protected] / [email protected] / [email protected]). 4. Council Adoption of Resolution 2020-___: Approving the Purchase of a 2014 AT 37G Aerial Lift Truck - (Medill: [email protected]). 5. Council Adoption of Resolution No. 2020-___: Approving the Purchase of a 2020 U.S. Jetting 4018 Jetter Trailer – (Medill: [email protected]). 6. Council Adoption of Resolution No. 2020-___: Accepting the Sunset Avenue and Railroad Avenue Turn Signal and Countdown Pedestrian Crosswalk Timers Project as Complete, and Authorizing the City Manager to Record the Notice of Completion for the Project - (Medill: [email protected]). 7. Council Adoption of Resolution No. 2020-___: Amending the Council Norms and Procedures Manual – (Folsom: [email protected]). 8. Council Adoption of Resolution No. 2020-___: Adopting the 4th Amendment to the Annual Appropriation Resolution No. 2019-65 to Appropriate Mid-Year Budget Adjustments for Additional Costs in Various Accounts Organization Wide – (Dingman: [email protected]). Joint City Council / Suisun City Council Acting as Successor Agency 9. Council/Agency Approval of the January 2020 Payroll Warrants in the Amount of $702,708.24. Council/Agency Approval of the January 2020 Accounts Payable Warrants in the Amount of $1,697,408.65 – (Finance). PUBLIC HEARINGS City Council 10. PUBLIC HEARING Council Introduction and Waive Reading of Ordinance ___: Repealing and Replacing Section 18.36.070 of Title 18 of the Suisun City Code and Amending the Waterfront District Specific Plan, Relating to Regulations for Front, Rear, and Side Yard Areas of Residential Properties – (Kearns: [email protected]).

February 18, 2020 City Council / Successor Agency / Housing Authority Page 3

11. PUBLIC HEARING Council Introduction and Waive Reading of Ordinance No.___: Amending Chapter 18.49 “Cannabis Regulatory Program” of the Suisun City Code to Regulate Commercial Cannabis Operations and Personal Cannabis Cultivation in the City of Suisun City, and Finding an Exemption from the California Environmental Quality Act – (Folsom / Kearns: [email protected], [email protected]).

GENERAL BUSINESS City Council 12. Hearing Council Adoption of Resolution No. 2020-___: Placing Liens for Unpaid Waste Collection Service Charges on Certain Lands Situated in the City of Suisun City, County of Solano, State of California – (Dingman: [email protected]). 13. Council Adoption of Resolution No. 2020-___: Approving the Emergency Operations Plan Update for the City of Suisun City and Letter of Promulgation – (Vincent: [email protected]).

REPORTS: (Informational items only.) 14. a. Council/Boardmembers b. Mayor/Chair 15. City Manager/Executive Director/Staff

PUBLIC COMMENT (Additional time for request by citizens to discuss any matter under our jurisdiction other than an item posted on this agenda limited to no more than 3 minutes.)

ADJOURNMENT

PLEASE NOTE: 1. The City Council/Agency/Authority hopes to conclude its public business by 10:00 P.M. Ordinarily, no new items will be taken up after the 10:00 P.M. cutoff 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. 2. Suisun City is committed to providing full access to these proceedings; individuals with special needs may call 421-7300. 3. Agendas are posted at least 72 hours in advance of regular meetings at Suisun City Hall, 701 Civic Center Boulevard, Suisun City, CA. Agendas may be posted at other Suisun City locations including the Suisun City Fire Station, 621 Pintail Drive, Suisun City, CA; Suisun City Senior Center, 318 Merganser Drive, Suisun City, CA; Joe Nelson Center, 611 Village Drive, Suisun City, CA; and the Harbor Master Office, 800 Kellogg Street, Suisun City, CA. I, Donna Pock, Deputy City Clerk for the City of Suisun City, declare under penalty of perjury that the above agenda for the meeting of February 18, 2019 was posted and available for review, in compliance with the Brown Act.

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AGENDA TRANSMITTAL

MEETING DATE: February 18, 2020

CITY AGENDA ITEM: Council Adoption of Resolution No. 2020-___: Approving the Purchase of a 2019 Bayliner Element F21 Watercraft from Pacific Marine Service.

FISCAL IMPACT: The total cost of the Bayliner Element would be $36,701.11. The total purchase amount was an approved purchase through, the Recognized Obligation Payment Schedule (ROPS).

STRATEGIC PLAN: Ensure Public Safety, Enhance Environment

BACKGROUND: Currently the Recreation, Parks, and Marina (RPM) Department utilizes a small 14 foot Boston Whaler, that is becoming increasingly unreliable, has limited seating capacity, and does not meet all of the needs of the Marina Division.

STAFF REPORT: Adding this vessel to our operation will allow for safer harbor clean-ups, more towing capabilities, the ability to provide depth sounding reports, and provide the opportunity to develop recreation programs such as sightseeing, fishing, and young boaters programs. These programs can only occur with a licensed boat operator. This purchase will be from Pacific Marine Service, 10452 Hwy 41, Madera, CA 93636. The equipment is being purchased after the City of Suisun City received 3 competitive bids for like equipment: 1. $36,701.11- Pacific Marine Service, Madera, CA – 2019 Bayliner Element F21 (new) 2. $38,018.82 – Anglers Marine, Anaheim, CA – 2019 Bayliner Element F21 (new) 3. $41,123.95 – Anglers Marine, Anaheim, CA – 2020 Bayliner Element F21 (new) The existing 14 foot Boston Whaler will be sold at auction in the forthcoming year. Sale proceeds will go into the Vehicle Replacement Fund 706.

STAFF RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2020-___: Approving the Purchase of a 2019 Bayliner Element F21 Watercraft from Pacific Marine Service.

ATTACHMENTS: 1. Resolution No. 2020-___: Approving the Purchase of a 2019 Bayliner Element F21 Watercraft from Pacific Marine Service 2. Pacific Marine Center Purchase Agreement

PREPARED BY: Kris Lofthus, Recreation, Parks and Marina Director REVIEWED/APPROVED BY: Tim Mattos, Interim City Manager

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RESOLUTION NO. 2020- 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY APPROVING THE PURCHASE OF A 2019 BAYLINER ELEMENT F21 3 WATERCRAFT FROM PACIFIC MARINE SERVICE

4 WHEREAS, the City of Suisun City Recreation, Parks, and Marina Department has 5 identified the need to acquire a new Marina Vessel; and WHEREAS, the purchase of the Bayliner Element F21 will allow safer and expedient 6 work to be accomplished by the marina staff; and 7 WHEREAS, this piece vessel will enhance the ability to accomplish necessary debris 8 removal from Suisun City waters; and WHEREAS, this vessel will provide assistance to boaters in Suisun City waters; and 9 WHERAS, this vessel will offer the possibility of waterfront recreation experiences to 10 the general public; and 11 WHEREAS, the Suisun City Council recognizes the substantial benefits that this vessel will provide to the City of Suisun City. 12 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of 13 Suisun City does hereby authorize the City Manager to execute the Purchase Agreement to acquire one 2019 Bayliner Element F21 Watercraft from Pacific Marine Service. 14 PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of 15 Suisun City held on Tuesday the 18th day of February 2020 by the following vote: 16 17 AYES: Councilmembers: NOES: Councilmembers: 18 ABSENT: Councilmembers: ABSTAIN: Councilmembers: 19 th 20 WITNESS my hand and the seal of said City this 18 day of February 2020. 21 22 Donna Pock, CMC Deputy City Clerk 23 24 25 26 27 28

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AGENDA TRANSMITTAL

MEETING DATE: February 18, 2020

CITY AGENDA: Council Adoption of Ordinance No. 767: Amending Chapter 15.04 of Title 15 of the Suisun City Municipal Code, Which Adopts by Reference the 2019 California Building Code, the 2019 California Residential Code, the 2019 California Electrical Code, the 2019 California Plumbing Code, the 2019 California Mechanical Code, the 2019 California Fire Code, the 2019 California Building Standards Administrative Code, the 2019 California Green Building Standards Code, the 2019 California Existing Building Code and the 2019 California Reference Standards Code. (Introduced and Reading Waived on February 4, 2020)

FISCAL IMPACT: There is no fiscal impact.

STRATEGIC PLAN IMPACT: Provide Good Governance.

BACKGROUND: The building codes have now been republished as the 2019 edition. In the State process, certain model codes published by organizations such as the International Code Council, International Association of Plumbing and Mechanical Officials, National Fire Protection Association, etc., are reviewed and amended by the California Building Standards Commission (CBSC). The CBSC has completed this process and the body of codes known collectively as the 2019 California Building Code (CBC) has been published. It is appropriate, therefore, that the Suisun City Code be amended to update its references to the latest building and fire code editions. This is primarily a housekeeping measure to change titles and references in our City Code to correspond correctly to the new or revised sections in the CBC.

STAFF REPORT: The Suisun City Code includes by reference the building codes and standards collectively known as the CBC. This body of codes includes the building code, plumbing code, mechanical code, electrical code, fire code, and other supporting documents. Periodically the CBSC publishes an updated edition of the CBC. The 2019 Edition was published in July of 2019 and became effective January 2020. The Suisun City Code will now be updated to reference the newest editions of the various codes and make other needed administrative changes.

For better understanding, the proposed ordinance includes the entire Suisun City Code Chapter 15.04 including the unchanged sections. Highlights of the proposed ordinance include:

• The changes in City Code Section 15.04.030 include the updated references to the newest documents within the 2019 CBC. References to documents where no updated version is available have not been changed such as Section 15.04.030-F. • An amendment has been deleted. The deletions were made primarily because the current editions of the state codes made the amendment unnecessary or obsolete. • An amendment to the Fire Code has been added to prohibit open burning. • The remaining changes to City Code are editorial in nature.

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• In order for local amendments to the CBC to be enforceable, the City must make “findings” justifying the amendments based on local climatic, topographical or geological conditions. Such findings are included in the proposed ordinance for all of the local amendments that have been included historically where they are required.

______STAFF RECOMMENDATION: It is recommended that the City Council Adopt Ordinance No. 767: Amending Chapter 15.04 of Title 15 of the Suisun City Municipal Code, Which Adopts by Reference the 2019 California Building Code, the 2019 California Residential Code, the 2019 California Electrical Code, the 2019 California Plumbing Code, the 2019 California Mechanical Code, the 2019 California Fire Code, the 2019 California Building Standards Administrative Code, the 2019 California Green Building Standards Code, the California existing Building Code and the 2019 California Reference Standards Code. (Introduced and Reading Waived on February 4, 2020)

ATTACHMENTS:

1. Ordinance No. 767: Amending Chapter 15.04 of Title 15 of the Suisun City Municipal Code, Which Adopts by Reference the 2019 California Building Code, the 2019 California Residential Code, the 2019 California Electrical Code, the 2019 California Plumbing Code, the 2019 California Mechanical Code, the 2019 California Fire Code, the 2019 California Building Standards Administrative Code, the 2019 California Green Building Standards Code, the California existing building code, and the 2019 California Reference Standards Code. (Introduced and Reading Waived on February 4, 2020)

8 ORDINANCE NO. 767 1 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY, CALIFORNIA, AMENDING CHAPTER 15.04 OF TITLE 15 OF THE SUISUN CITY 3 MUNICIPAL CODE, WHICH ADOPTS BY REFERENCE THE 2019 CALIFORNIA BUILDING CODE, THE 2019 CALIFORNIA RESIDENTIAL CODE, THE 2019 4 CALIFORNIA ELECTRICAL CODE, THE 2019 CALIFORNIA PLUMBING CODE, 5 THE 2019 CALIFORNIA MECHANICAL CODE, THE 2019 CALIFORNIA FIRE CODE, THE 2019 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE 6 CODE, THE 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE , THE 2019 CALIFORNIA EXISTING BUILDING CODE AND THE 2019 CALIFORNIA 7 REFERENCE STANDARDS CODE 8 WHEREAS, the State Building Standards Commission adopted the 2019 California 9 Building Standards Code, codified in Title 24 of the California Code of Regulations; and 10 WHEREAS, the City Council of the City of Suisun City (the “City”) wishes to update 11 the rules and regulations governing building and construction in the City limits to reflect the new 2019 California Building Standards Code, California Code of Regulations Title 24 12 (“CBSC”); and 13 WHEREAS, the City would like to make certain amendments to the 2019 CBSC in 14 order to address the health and safety issues of the City’s local climatic, geological or topographical conditions; and 15 16 WHEREAS, before making changes to the CBSC pursuant to Health and Safety Code Section 17958.5, Health and Safety Code Section 17958.7 requires the City to make express 17 findings that such changes are reasonably necessary because of local climatic, geological or topographical conditions; and 18 19 The City Council of the City of Suisun City does hereby ordain as follows: 20 SECTION 1. Findings. The City finds it is necessary to adopt local amendments to the following subcodes of the CBSC: Building Code, Plumbing Code; Fire Code; Administrative 21 Code. These local amendments have been evaluated and recognized by the City as tools for 22 addressing problems with building construction in the City of Suisun City, which are aimed at establishing and maintaining an environment that will afford the City a high level of fire and 23 life safety to all those who work live and play within the City’s boundaries. The City finds as follows: 24 A. The City, pursuant to the authority granted it under California Health and Safety Code 25 Sections The City Council hereby adopts pursuant to Section 17958.5 and 18941.5 of the California Health and Safety Code, the following findings of fact:(a) Under this 26 adopting ordinance, has determined that there is a need to establish specific amendmentsbuilding standards that have been established which are more restrictive 27 of nature than those adopted by the State of California (State Buildings Standards 28 Code, State Housing & Community Development Codes) commonly referred to as and

9 found in Title 24 & and Title 25 of the California Code of Regulations. These new 1 building standards amendments have been determined recognized by the City of Suisun City to address the problems, concerns and future direction by which the City 2 can establish and maintain an environment which will afford an appropriate level of 3 fire and life safety to all who live and work within its boundary.

4 B. Under the provisions of Sections 17958.5 and 18941.5 of the Health and Safety Code, the amendment of state building standards at the local level must be reasonably 5 necessary due to local amendments are based onlocal climatic, topographical and/or 6 geological conditions and the City must make express findings in this regard. The Council has determined that the following findings of fact contained herein address 7 each of these situations and present the local climatic, topographical, and/or geological 8 conditions, situation, which either singularly or in combination, have caused the aforementioned amendments to be adopted: 9 1. CLIMATIC 10 11 a. The City of Suisun City The Suisun City area has extreme variations in weather patterns: wind, summers are arid and hot, winters are cool to 12 freezing, fall and spring can bring any combination of weather pattern together. As a result, the climate in the Suisun City area can have a great 13 influence on fire behavior and other major emergency events in the City. 14 Code Section Local Condition: 15 16 Building Code Sections 1403.4, 1505.1, 1a 1510.1, 1511.1, California Residential 17 Code Section R902.1 and R908.1 (SCMC § 15.04.190) 18 19 SECTION 2. Suisun City Municipal Code Amendment – Chapter 15.04. Chapter 15.04 of the Suisun City Municipal Code “Permits – Uniform Codes” is hereby amended as follows 20 (deletions in strikethrough; additions in underlined): 15.04.010 Purpose. 21 This chapter is enacted for the purpose of adopting rules and regulations pursuant to the 22 State Housing Law and the Health and Safety Code, for the protection of the public health, safety and general welfare of the occupant and the public governing the creation, 23 construction, enlargement, conversion, alteration, repair, moving, removal, demolition, occupancy, use, height, court area, sanitation, ventilation and maintenance of any 24 building used for human habitation; provided, however, that nothing in the codes 25 adopted in this chapter shall be construed to prevent any person from performing his own building, mechanical, plumbing or electrical work when performed with the 26 permits in compliance with this chapter. 27 28

10 15.04.020 Definitions. 1 Whenever any of the following names or terms are used in this chapter or in any of the 2 codes adopted by reference by this chapter, unless the context directs otherwise, such 3 names or terms so used shall have the meaning ascribed thereto by this section:

4 A. “Board of appeals,” “housing advisory and appeals board” and any other reference to the appellate body, mean the Board of Appeals for the City of Suisun City made up 5 of five (5) Building Official members of the Napa-Solano Chapter of the International 6 Code Council (NSICC) chosen on a case by case basis. The NSICC, an organization of Building Officials, Building Inspectors, and Construction Industry personnel, was 7 formed in 1978 to help maintain consistent and uniform code enforcement and code 8 interpretation within the jurisdictions of Napa and Solano counties. Building Officials from jurisdictions within Napa and Solano counties and neighboring counties are 9 members of the NSICC. Building Official members of the NSICC are well versed in the technical and administrative provisions of construction codes. 10 11 B. The “Accessibility Appeals Board” shall mean the Board of Appeals for the City of Suisun City plus an additional two members having demonstrated experience dealing 12 with accessibility standards and their applications, appointed on a case by case basis.

13 C. All decisions by the Board of Appeals and by the Accessibility Appeals Board shall 14 be submitted in writing to the City Council for final review. All actions found by the City Council to be based on incomplete or inadequate analysis shall be referred back to 15 the appropriate board for further deliberations.

16 D. “Building official,” “plumbing official,” “chief,” “electrical inspector,” “fire code 17 official,” “administrative authority” and similar references to a chief administrative position mean the Chief Building Official of the city of Suisun City; provided, however, 18 that: 1. Where such terms are used in connection with those duties imposed by statute 19 or ordinance upon the county health officer the terms shall include the county 20 health officer;

21 2. For the purpose of implementing the Uniform Code for the Abatement of Dangerous Buildings the term “authorized representative” of the “building 22 official” shall refer to and include the director of environmental health and such 23 personnel of the Solano County department of environmental health as he may designate. 24 E. “Building department,” “electrical department,” “plumbing department,” 25 “department of fire prevention”, “office of administrative authority” or “housing 26 department” means the building department of the city.

27 F. “City clerk” means the ex officio clerk of the city council. 28

G. “City council” or “mayor” means the governing elected officials of the city of Suisun 1 City.

2 H. “Fire chief” means the chief of the fire department of the city wherein a particular 3 building is or is to be located, or, for any area not within the city limits, the same shall mean the county fire warden designated by the board of supervisors. 4 I. “Safety assessment” is a visual, non-destructive examination of a building or structure 5 for the purpose of determining the condition for continued occupancy. 6 15.04.030 Uniform codes adopted. 7 8 Subject to the modifications and amendments contained in this chapter, the following primary and secondary codes are adopted and incorporated into the codes of the city by 9 reference and as having the same legal effect as if their respective contents were set forth in this chapter and which may be amended and/or corrected from time to time: 10 11 A. The 2016 2019 California Building Code (CBC) which references the International Building Code 2018 Edition as published by the International Code Council, Inc, and 12 state amendments.

13 B. The Uniform Housing Code, 1997 Edition, as published by the International Code 14 Council, is adopted by reference as the housing code of the city.

15 C. The 2016 2019 California Plumbing Code which references the Uniform Plumbing Code, 2018 Edition, together with the appendices thereto, and state amendments as 16 published by the International Association of Plumbing and Mechanical Officials is 17 adopted by reference as the plumbing code of the city.

18 D. The 2016 2019 California Electric Code which references the National Electrical Code, 2017 Edition, as published by the National Fire Protection Association and state 19 amendments is adopted by reference as the electrical code of the city. 20 E. The 2016 2019 California Mechanical Code which references the Uniform 21 Mechanical Code, 2018 Edition, together with the appendices thereto, as published by the International Conference of Building Officials, and state amendments, is adopted by 22 reference as the mechanical code of the city. 23 F. The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, as 24 published by the International Code Council, is adopted by reference as the dangerous buildings code of the city, with Section 205 amended as follows: Section 205.1. In order 25 to provide for final interpretation of provisions of this code and to hear appeals provided 26 for hereunder, there is hereby established a Board of Appeals as defined in City Code Section 15.04.020. The Building Official shall be an ex officio member of and shall act 27 as secretary to said Board. The Board shall adopt reasonable rules and regulations for 28 conducting its business and shall render all decisions and findings in writing to the

12 appellant, with a copy to the Building Official. Appeals to the board shall be processed 1 in accordance with the provisions contained in Section 501 of this code. Copies of all rules or regulations adopted by the Board shall be delivered to the Building Official, 2 who shall make them freely accessible to the public. 3 G. The California Referenced Standards Code, 2016 2019 Edition, together with 4 appendices thereto, as published by the International Code Council, with state amendments, is adopted by reference as the building standards of the city. 5 6 I. The 2016 2019 California Fire Code which references the International Fire Code, 2018 Edition as published by the International Code Council, with errata, including 7 appendices, with state amendments, is adopted by reference as the fire code of the city. 8 J. The Uniform Administrative Code, 1997 edition, as published by the International 9 Conference of Building Officials, is adopted by reference as the administrative code of the city. 10 11 K. The 2016 2019 California Building Standards Administrative Code, as published by the California Building Standards Commission, is adopted by reference as the building 12 standards administrative code of the city.

13 L. The 2013 2019 California Residential Code with Appendices H,J,V (CRC), 14 incorporating the 2018 edition of the Uniform Residential Code, as published by the International Code Council, is adopted by reference as the residential code of the city. 15 M. The 2016 2019 California Green Building Standards Code, as published by the 16 California Building Standards Commission, is adopted by reference as the green 17 building standards code of the city.

18 N. The 2016 2019 California Existing Building Code, as published by the California Building Standards Commission, is adopted by reference as the green building standards 19 code of the city. 20 15.04.040 Copies of adopted codes. 21 The Building Official shall maintain at least one copy of each primary code adopted by 22 reference, and each secondary code pertaining thereto, The Building Official shall 23 maintain a least one copy of each primary code adopted by reference at the building inspection office for public inspection while this Ordinance is in force. 24 25 15.04.050 Utility connections. 26 It is unlawful for any person, including utility companies, to connect electric power lines or liquefied petroleum gas or natural gas sources permanently to any building or 27 structure for which a permit is required by this chapter until the final inspection has been 28 made and the approval signed by the building inspector. This section shall not prohibit

the erection and use of temporary power poles approved by the power company during 1 the course of construction, when approved by the building official.

2 15.04.060 Encroachment or grading. 3 No building permit shall be issued for which an encroachment or grading permit is 4 required, unless and until the requirements prerequisite to the encroachment or grading permit have been met. 5 15.04.070 Conformance of construction to law. 6 No building permit shall be issued unless and until the building official is satisfied that 7 the construction authorized by the permit will not violate any existing law or ordinance. 8 15.04.075 Construction work hours. 9 It shall be the responsibility of anyone engaging in construction or demolition work to 10 restrict the hours of work activity on the site as follows. 11 A. No construction equipment shall be operated nor any outdoor construction or repair 12 work shall be permitted within five hundred feet from any occupied residence except during the hours of seven a.m. to ten p.m., Monday through Saturday, and eight a.m. to 13 ten p.m., on Sunday: 1. Interior work which would not create noise or disturbance 14 noticeable to a reasonable person of normal sensitivity in the surrounding neighborhood shall not be subject to these restrictions; 15 B. A request for an exception to the permitted construction hours and days may be 16 granted by the chief building inspector for emergency work, to offset project delays due 17 to inclement weather, for twenty-four-hour construction projects, or other similar occurrences. 18 C. City projects determined by the director of public works to be emergencies shall be 19 exempt from these provisions. 20 D. For construction work hours for earthwork, trenching, concrete or paving see 21 Section 15.12.320.

22 15.04.080 Adoption or amendment procedure. 23 A. The building official shall review all codes newly adopted by the state pursuant to the State Housing Law, Section 17910 et seq. of the Health and Safety Code and shall: 24 1. Report such newly adopted codes to the city council and advise the board to 25 schedule a hearing not less than ninety days from the date of report; and 26 2. Place copies of the codes to be considered by the board in the office of the city council, and in the building department for review by the general public. 27 28

14 B. The city council shall, upon the advice of the building official, schedule such public 1 hearing to receive public testimony on the codes to be adopted by the board. 2 C. The clerk of the city council shall give notice of the time, place and subject matter of 3 the public hearing scheduled on the matter by the council posting in three public places due to the fact that no newspaper is published or printed within the city limits. 4 D. The city council shall hold such public hearing at the date and time scheduled, and 5 shall then adopt the code with amendments, if any. 6 15.04.090 Violations and penalties. 7 A. It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, 8 repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building, structure or building service equipment or cause or permit the same to be done 9 in violation of this chapter.

10 B. Any person, firm, corporation or other entity which violates any of the provisions of 11 this chapter including any of the codes adopted by reference, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed 12 statement of specification of plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to 13 comply with such an order as affirmed or modified by the city council or by a court of 14 competent jurisdiction shall be guilty of an infraction unless otherwise provided in this code. 15 C. Any person, firm, corporation or other entity which is guilty of an infraction under 16 this chapter shall be punished by: 17 1. A fine not exceeding one hundred dollars for the first violation; 18 2. A fine not exceeding five hundred dollars for a second or subsequent conviction within one year. 19 20 Any failure to correct the condition for which the infraction is imposed within a period of seven days after the issuance of a citation, and for each seven-day period thereafter 21 may be treated as a separate and additional violation subject to the same penalties set forth herein. 22 In addition to the penalties set forth above, any violation beyond the third conviction 23 within a one-year period or any willful violation of this section which creates an immediate threat to the health, safety or welfare of the members of the public or the 24 occupants of any structure in violation of this section may be charged as a misdemeanor punishable as provided in Chapter 1.08. 25 26 D. In addition to the penalties set forth herein, any person, firm, corporation or other entity guilty of a violation of this chapter shall be liable for such costs, expenses and 27 disbursements paid or incurred by the city in correction, abatement and prosecution of 28 the violation.

15.04.095 Enforcement. 1 A. Pursuant to Section 836.5 of the California Penal Code, the chief building official, 2 any deputy or assistant building official, agent or other employee of the building 3 department of Suisun City is authorized to enforce the provisions of this chapter and to arrest or issue citations to violators thereof. 4 B. The city manager shall have the power to designate by written order that particular 5 officers and other individuals shall be authorized to enforce particular provisions of this 6 chapter as described in subsection A of this section in addition to those persons set forth therein. 7 8 15.04.100 Building permit-business license required.

9 A. Any contractor or subcontractor who applies for permits to do work within the city limits of the city shall be denied permits if he does not possess current valid city business 10 licenses. 11 B. Any permits issued in error to anyone not licensed by the city shall be revoked until 12 such time as all fees are paid and licenses are valid.

13 15.04.110 Building permit-application-plans and specifications. 14 A. Applications are to be signed by the property owner or a duly licensed contractor, 15 engineer or architect.

16 B. With each application for a building permit, and when required by the building 17 official for enforcement of any provisions of this chapter, three sets of plans and specifications shall be submitted. The building official may require plans and 18 specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such. 19

20 15.04.120 Building permit-professional designs required.

21 All structures or buildings classified in Occupancy Groups A, B, E, F, H, I, M, S and R- 1 shall be designed in accordance with the Building and Professional Codes of the state 22 of California. 23 15.04.130 Building permit-term-retention of plans. 24 A. Permits for all occupancy groups shall be valid for two years from the date of their 25 issuance provided that the time limits of starting work or work stoppage are met. The 26 permit documents and plans or a retrievable document image of the permit documents and plans will be retained as a permanent record for the life of the structure. 27 28

16 15.04.140 Building permit-fees. 1 Building permit fees shall be prescribed in the Master Fees Schedule except buildings 2 shall be valued as determined by the Building Official. The value to be used in 3 computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, 4 roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment. 5 6 15.04.150 Fees for plan checking, inspections and/or related permits.

7 The city council shall establish a schedule of fees, as found in the master fee schedule, 8 to be charged and collected for plan checking, inspection services performed, and for the issuance of permits. A copy of these fee schedules shall be kept in the office of the 9 city clerk and shall be available for public inspection in all city offices where permits are issued. 10 11 15.04.160 CBC Section 111.1 amended and CRC Section R110.1-Certificate of occupancy Required. 12 CBC Section 111.1 and CRC Section R110.1 shall be amended to add: 13 No building or structure shall be used or occupied without a certificate of occupancy. 14 Such a certificate shall not be issued until compliance with all city requirements has been met. Occupying or using a structure without this approval constitutes a public 15 nuisance.

16 15.04.170 CBC Section 111.1 amended and CRC Section R110.1 -Certificate of 17 Occupancy-Requirements.

18 CBC Section 111.1 and CRC Section R110.1 shall be amended to add: A certificate of occupancy shall not be issued until all applicable city ordinances, 19 resolutions, regulations and the conditional use permit conditions have been complied 20 with.

21 15.04.180 CBC Section 110.3.10 amended and CRC Section R109.2- Final inspection. 22 23 CBC Section 110.3.10 and CRC Section R109.2 shall be amended to read as follows: Final Inspection: To be made after final grading and the building is completed and ready 24 for occupancy. This shall mean all electrical, plumbing and mechanical complete and ready for occupancy, as well as all floor covering installed and painting completed, as 25 well as any required exterior landscaping complete with house, sidewalks and streets 26 cleaned. 27 28

15.04.190 California Building Code and California Residential Code amended- 1 roofing.

2 CBC Sections 1505.1, 1403.4, 1510.1 and 1511.1 and CRC Section R902.1 and 3 R902.8 are amended as follows:

4 CBC Sec. 1505.1 and CRC Section R902.1 is amended to add the following: All materials applied as roof covering shall have a fire rating of class “B” or better. 5

6 CBC Sec.1403.4 and CRC Section R902.1 is amended to add the following: All roof materials applied as exterior wall covering shall have a fire rating of class “B” 7 or better. 8 CBC Sec. 1510.1 1511.1 and CRC Section R902.1 R908.1 Re-roofing, is amended to 9 add the following: All materials applied as roof covering for re-roofing shall have a fire rating of class 10 “B” or better, when 50% or more of an existing roof is replaced. 11 15.04.200 California Building Code amended- standard plans. 12 The following is added to CBC Section 107.1 and CRC Appendix AE302.2:

13 Standard Plans: The Building Official may approve a set of plans for a building or 14 structure as a “standard plan”, provided the applicant has made proper application, submitted complete sets of plans, and paid the Plan Review Fee as required by CBC 15 Section 109 and Uniform Administrative Code Section 304.3.

16 When it is desired to use an approved “standard plan” for an identical structure, two plot 17 plans and one duplicate plan shall be submitted, and Plan Review Fee equal to one-half of the full Plan Review Fee required in Uniform Administrative Code Section 304.3 18 shall be paid at the time application is made for such identical structure. Such duplicate plans shall be compared, stamped, and kept on the job as required by CBC Section 19 107.5. In case of any deviation whatsoever from this standard plan, complete plans, 20 together with a full Plan Review Fee, shall be submitted for the proposed work, as required by Section 107.3, 107.4 and 108 respectively. 21 Standard plans shall be valid for a period of one (1) year from the date of approval. This period may be extended by the Building Official when there is evidence that the plan 22 may be used again. 23 15.04.220 Uniform Administrative Code Section 204 amended- new materials, 24 appeals.

25 Uniform Administrative Code Section 204 is changed to read: 26 (a) Appeals, New Materials, Processes, or Occupancies which may require permits. (b) The City Manager, the Building Official, the Fire Chief, and any other affected 27 person shall act as a committee to determine suitability of alternative materials, 28 processes or responsible interpretations of adopted codes.

18 (c) When it is claimed that the provisions of any code adopted herein do not apply or 1 that the true intent and meaning has been misconstrued or wrongly interpreted, the applicant may appeal the decision of the committee to the Board of Appeals within thirty 2 (30) days after the committee’s written decision. 3 15.04.230 Uniform Fire Code Section 307.1.1 Prohibited Open Burning 4 CFC Section 307.1.1 is amended to read as follows: 5 6 307.1.1 Prohibited Open Burning Open burning is prohibited in the City of Suisun City. Any burning, open or otherwise, that constituted a nuisance which is injurious to 7 health, or is indecent or offensive to the senses, or is offensive, or objectionable because 8 of smoke emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited. The fire code official is authorized to order the 9 extinguishment by the owner, occupant, responsible person, or the fire department of any burning that creates or adds to a hazardous or objectionable situation. 10 11 SECTION 3. Filing with the CBSC. A copy of this Ordinance and Suisun City Municipal 12 Code Chapter 15.04 shall be filed with the California Building Standards Commission in accordance with Health and Safety Code Section 17958.7. 13 14 SECTION 4. Severability and Validity. If any section, subsection, paragraph or sentence of this Ordinance, or any part thereof, is for any reason found to be unconstitutional, invalid or 15 beyond the authority of the City of Suisun City by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this 16 Ordinance. 17 SECTION 5. Effective Date. In accordance with California Government Code Section 18 36937, this Ordinance shall take effect and be in force on the thirty-first (31st) day after adoption. 19 20 SECTION 6. Publication. In accordance with Section 36933 of the Government Code of the State of California, Within 15 days after its adoption by the City Council, it shall be published 21 once, together with the names of the Council Members voting thereon, in a newspaper of general circulation within the City.this ordinance shall be posted in three (3) public places 22 within the City prescribed by ordinance within fifteen (15) days after its passage, there being 23 no newspaper of general circulation printed and published within the City. 24 25 26 ______By: Lori D. Wilson, Mayor 27 28

CERTIFICATION 1 I, Linda Hobson, City Clerk of the City of Suisun City and ex-officio Clerk of the City 2 Council of said City, do hereby certify that the above and foregoing ordinance was introduced 3 at a regular meeting of the said City Council held on Tuesday, February 4, 2020 and regularly passed and adopted at a regular meeting of said City Council held on Tuesday, February 18, 4 2020 by the following vote:

5 AYES: Councilmembers: 6 NOES: Councilmembers: ABSENT: Councilmembers: 7 ABSTAIN: Councilmembers: 8 WITNESS my hand and the seal of said City this 18th day of February 2020. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

20 Item 4

AGENDA TRANSMITTAL

MEETING DATE: February 18, 2020

CITY AGENDA ITEM: Council Adoption of Resolution No. 2020-___: Approving the Purchase of a 2014 AT 37G Aerial Lift Truck.

FISCAL IMPACT: There would be no impact to the General Fund. The total cost of the aerial lift truck would be not-to-exceed $70,000. The total purchase amount for the aerial lift truck is available in the Vehicle Replacement Fund (706).

STRATEGIC PLAN IMPACT: Ensure Public Safety, Provide Good Governance.

BACKGROUND: The City’s Public Works Department Maintenance Division maintains and repairs the streetlights, traffic signals, trees, and performs event set-up utilizing an aerial lift truck to perform this and other work. The existing lift truck is from 1996, is over twenty-four years old, and has surpassed its life expectancy. It is currently out of service and recent repairs to date have exceeded $20,000.

STAFF REPORT: Staff has been utilizing a rental lift truck, when available, to fill the need for a lift truck. When rented, the rental truck is costing the City $2,600 per month. Based on the regular need to have a working lift truck available, the need to purchase a City-owned lift truck was identified and quotes obtained. The lowest quote was from the company that the rental truck is being rented from, Altec/Global Industries. As part of this purchase, the City will receive credit for the months the truck was rented against the final purchase price. The purchase price is $62,200 without tax, title, and license. Staff is requesting a not-to-exceed amount of $70,000 be set aside for this purchase. Any unneeded funds would be returned to the funding source.

Quote Year Make Model Vendor Purchase Price* 1 2014 Ford F550 Altec AT37G Global Rental Co. Inc. $62,200 2 2013 Ford F550 Altec AT37G Altec NUECO $64,900 3 2013 Ford F550 Altec AT37G Altec NUECO $64,900

*Purchase price does not include tax, title and license

STAFF RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2020-___: Approving the Purchase of a 2014 AT 37G Aerial Lift Truck.

PREPARED BY: Jim Herrod, Public Works Supervisor REVIEWED BY: Matthew Medill, Public Works Director | City Engineer APPROVED BY: Greg Folsom, City Manager 21 Item 4

ATTACHMENTS: 1. Resolution No. 2020-___: Approving the Purchase of a 2014 AT 37G Aerial Lift Truck. 2. Aerial Lift Truck Photos 1996 and 2014. 3. Aerial Lift Truck Quote – Global Rental Company, Inc.

22 Item 4 Attachment 1

RESOLUTION NO. 2020- 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY APPROVING THE PURCHASE OF A 2014 AT 37G AERIAL LIFT TRUCK 3 WHEREAS, due to the age and condition of the existing lift truck, the Maintenance 4 Division of the City’s Public Works Department has identified the need to acquire a 5 replacement aerial lift truck as a replacement to ensure the Division’s ability to repair and maintain the City’s street lights and traffic signals, address tree maintenance, and perform 6 event set-up; and 7 WHEREAS, the purchase of the aerial lift truck will allow the Maintenance Division to accomplish all required tasks in an expeditious manner with no delays due to the equipment 8 being in the shop for repairs; and 9 WHEREAS, staff has obtained three (3) competitive bids, with bids including the option to purchase the unit the City is currently renting, and has identified a 2014 AT 37G 10 Aerial Lift Truck as the appropriate replacement unit; and 11 WHEREAS, the of lowest of the three (3) bids was the purchase of the unit the City is existing renting from Altec/Global Industries, the total purchase price will not exceed $70,000 12 for tax, title, and licensing; and 13 WHEREAS, the Suisun City Council recognizes the substantial benefits of acquiring 14 such equipment will provide to the City of Suisun City. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of 15 Suisun City does hereby authorize the City Manager, or his designee, to execute the Purchase 16 Agreement to acquire a 2014 AT 37G Aerial Lift Truck mounted on a Ford F550 Chassis from Altec/Global Industries. 17 PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of 18 Suisun City held on Tuesday the 18th day of February 2020 by the following vote: 19 AYES: Councilmembers: NOES: Councilmembers: 20 ABSENT: Councilmembers: ABSTAIN: Councilmembers: 21 th 22 WITNESS my hand and the seal of said City this 18 day of February 2020. 23 Donna Pock, CMC 24 Deputy City Clerk 25 26 27 28

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24 Item 4 Attachment 2

Aerial Lift Truck Photos 1996 & 2014

1996 Out of Service Aerial Lift Truck – Existing Truck

2014 Rental Aerial Lift Truck – Proposed New Truck

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26 Item 4 Attachment 3 Global Rental Company, Inc. 33 Inverness Center Parkway, Suite 250 Birmingham, AL 35242 (205) 991-7972 Fax (205) 991-9377

Quotation Customer Name: CITY OF SUISUN CITY Date Issued: 02/06/20 Expiration Date: 03/13/20 Rental Start Date: 11/12/19 Bill Through Date: 03/02/20 Rental Rate: 2,400.00

Equipment Detail Equipment Number: 057-29531529 Serial Number: 0214DE16434 Equipment Model: AT37G Working Height 42' Front Bumper Winch No Over Center No Material Handler No Insulated Boom Yes Boom Winch No Platform Size 24x30x42 One Man Body Line Body

Chassis Detail VIN: 1FDUF5GTXEEB37420 Year 2014 Cab To Axle 60 Brakes HYD Drivetrain 4X2 Make FORD Model F550

Additional Specs

Purchase Price: $67,000.00 Rental Credit: $4,800.00 Buy-Out: $62,200.00

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28 Item 5

AGENDA TRANSMITTAL

MEETING DATE: February 18, 2020

CITY AGENDA ITEM: Council Adoption of Resolution No. 2020-___: Approving the Purchase of a 2020 U.S. Jetting 4018 Jetter Trailer.

FISCAL IMPACT: The total cost of the 2020 U.S. Jetting 4018 Jetter Trailer would not exceed $65,000. Approval of this action would not impact the General Fund because the purchase would be made from the Sewer Maintenance Fund (F185), which has an adequate FY 2019-20 Major Capital appropriation.

BACKGROUND: The Streets Division of the City’s Public Works Department maintains and repairs the City’s sewer collection system and is responsible for lateral lines and services sewer lines ten inches (10”) and smaller. Maintenance and repair is accomplished through performing top down cleanings of the City’s sewer collection system, cleaning and maintaining underground sewer mains and laterals, and responding to sanitary sewer overflows.

STRATEGIC PLAN IMPACT: Ensure Public Safety, Provide Good Governance.

STAFF REPORT: Public Works staff has been utilizing its aging Jetter trailer to respond to emergency sanitary sewer overflow calls and for maintenance related work. The existing jetter trailer is currently out of service and in need of repairs in excess of $7,000. This is on top of the past repairs. The parts needed to service and make repairs on the existing jetter trailer are becoming increasingly difficult to locate due to the age of the equipment. Having a jetter trailer on-hand, in good working order, minimizes the response time to sewer related calls and allows continued completion of the sewer maintenance program. A jetter trailer is required for top down maintenance cleaning of the collection system pipe network as debris can block sewer main lines and lateral lines. Any blockages must be removed to allow proper flow downstream in the sewer collection system. Current law requires that any dislodged blockages much be collected and disposed of properly. The new jetter trailer performs all the required functions. The purchase of the new jetter trailer will allow the Streets Division to accomplish maintenance assignments, including sewer main and lateral sewer lines, as well as allowing for quick response to emergency sanitary sewer overflow calls in an expedited and safe manner. The US Jetting 4018 Jetter Trailer would be purchased through Sourcewell (formally NJPA) a National Intergovernmental Purchasing Alliance (IPA) Company vendor. Sourcewell requires a membership to purchase items at their pricing. The City is a member and can take advantage of Sourcewell’s lowest price on vehicles and equipment as they handle gathering competitive bids for vehicles and equipment on their end.

PREPARED BY: Melesio Perez, Public Works Supervisor REVIEWED BY: Matthew Medill, Public Works Director | City Engineer APPROVED BY: Greg Folsom, City Manager 29 Item 5

STAFF RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2020-___: Approving the Purchase of a 2020 U.S. Jetting 4018 Jetter Trailer.

ATTACHMENTS: 1. Resolution No. 2020-___: Approving the Purchase of a 2020 U.S Jetting 4018 Jetter Trailer 2. Quote for Sewer Jetter 3. Photos of the City’s existing O’Brien Jetter Trailer 4. 2020 U.S Jetting 4018 Jetter Trailer

30 Item 5 Attachment 1

RESOLUTION NO. 2020- 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY APPROVING THE PURCHASE OF A 2020 U.S. JETTING 4018 JETTER TRAILER 3 WHEREAS, the need to acquire a replacement jetter trailer to repair and maintain the 4 City’s underground sewer collection system has been identified; and 5 WHEREAS, the purchase of a replacement jetter trailer will provide the Streets Division of Public Work Maintenance Division with the continued ability to accomplish 6 maintenance on the City’s sewer collection system in a more effective and expeditious 7 manner; and 8 WHEREAS, the Streets Division will have the necessary equipment on-hand to provide rapid response to emergency sanitary sewer overflows (SSOs) preventing any 9 overflows from entering and contaminating the City’s storm drain system and draining out to the Suisun Marsh; and 10 WHEREAS, the appropriate replacement unit has been identified as the 2020 U.S. 11 Jetting 4018 jetter trailer; and 12 WHEREAS, competitive pricing has been obtained through Sourcewell, a City approved purchasing collective that has been vetted and provides the lowest price so that 13 City’s do not need to obtain multiple bids; and 14 WHEREAS, the Suisun City Council recognizes the substantial benefits of acquiring such replacement equipment will provide to the City of Suisun City. 15 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of 16 Suisun City does hereby authorize the City Manager, or his designee, to execute the Purchase Agreement to acquire one (1) 2020 U.S Jetting 4018 Jetter Trailer from Sourcewell for a not to 17 exceed amount of $65,000. 18 PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of th 19 Suisun City held on Tuesday the 18 day of February 2020 by the following vote: AYES: Councilmembers: 20 NOES: Councilmembers: 21 ABSENT: Councilmembers: ABSTAIN: Councilmembers: 22 WITNESS my hand and the seal of said City this 18th day of February 2020. 23 24 Donna Pock, CMC 25 Deputy City Clerk 26 27 28

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32 Item 5 Attachment 2

4971 Allison Pkwy Ste A, Vacaville, CA 95688 P: 1-800-677-6661 F: 707-446-7933 www.wecoind.com January 30, 2020 Company: City of Suisun Address, City, State, Zip 4555 Peterson Road Contact, Phone, Email: Tony Perez, 1-707-580-0622, [email protected] Weco Contact: Noah Johnson - 1-800-677-6661 x 106 OPP # USJ 4018-300 TRAILER MOUNTED HIGH PRESSURE JETTING UNIT Engine/Pump: Hose Reel & Hose: Accessories: Hatz 49 HP Diesel Engine Tier IV Standard Pivot Hose Reel 10' Leader Hose USJ 18 GPM @ 4000 PSI 1/2" x 500' Sewer Hose 1/2" RPD 3R/1F Nozzle Triplex Plunger Run Dry Pump Manual Hose Guide 1/2" RPD 6R Nozzle Tier 4 Basic Control Panel Hydraulic Driven Hose Reel 9" Drain Jet Extension Auto Shutdown (for High Engine Trailer: 3" Tiger Tail Temp/Low Oil Pressure) Single 7000 lbs. Torsion Bar Axle Nozzle Rack Water Recirculation & Anti-Freeze Sys D.O.T. Approved LED Lighting Digital Operator/Owners Manual Pulsation System Two (2) 42" Aluminum Tool Box 1 Pair Safety Gloves; 3000 PSI Straight Shrouded Engine Aluminum Rims 7500 PSI Flat or Rotary Water Tank: 300 Gallon Black Water Tank BASE UNIT AS OUTLINED ABOVE 1 $51,794.00 FOR ALL OPTIONS NOT LISTED PLEASE CONTACT YOUR SALES REPRESENTATIVE TRAILER OPTIONS: LIST PRICE QTY TOTAL BRAKES: HYDRAULIC OR ELECTRIC **MUST CHOOSE ONE** HITCH: 2 5/16" BALL OR PINTLE **MUST CHOOSE ONE** SPARE TIRE AND RIM WITH MOUNTING BRACKET ON FRAME $490 0 $0.00 SIX (6) 18" D.O.T. SAFETY CONES & HOLDER $195 0 $0.00

ENGINE / PUMP OPTIONS: JMS ELITE WIRELESS REMOTE CONTROL SYSTEM $4,115 0 $0.00 UPGRADE TO HATZ 74 HP DIESEL ENGINE TIER IV (RECOMMENDED FOR $4,377 0 $0.00 ALTITUDES ABOVE 5000 FT)

HOSE REEL / HOSE OPTIONS: UPGRADE TO 1/2" X 600' USJ HOSE $275 0 $0.00 UPGRADE TO LARGE CAPACITY HOSE REEL $795 0 $0.00 POWER PULLOUT OPTION FOR USJ HOSE REEL $1,556 0 $0.00 DUAL HOSE REEL (SECOND REEL WITH 1/2" X 500' CAPACITY) INCLUDES 1/2" X $4,995 0 $0.00 500' USJ HOSE, TWO ADDITIONAL NOZZLES AND NOZZLE RACK FOOTAGE COUNTER MANUAL OPTION (J-428-E-ASSY) $630 0 $0.00

TANK & FILL OPTIONS:

33 Item 5 Attachment 2

UPGRADE TO 375 GALLON WATER TANK $495 0 $0.00 2 1/2" x 25' FILL HOSE FOR FILL SYSTEM (2J-284-2 1/2) $161 1 $161.00 FILL HOSE STORAGE RACK (2J-284-HOLDER-2.5) $195 0 $0.00

TOOL STORAGE OPTIONS: REAR BASKET (J-019-004) $563 0 $0.00

LIGHTING OPTIONS: LED FLOOD LIGHT - RECHARGEABLE (J-155-111) $220 0 $0.00 LED ARROW BOARD (J-423-ASSY) $1,310 0 $0.00

PAINT OPTIONS: SPECIAL PAINT COLOR (EXCEPT METALLIC PAINT) $2,495 0 $0.00 SPECIAL PAINT COLOR - FRAME ONLY $895 0 $0.00

MANUAL & TRAINING OPTIONS: ADDITIONAL PAPER OPERATOR'S MANUAL STANDARD $60 0 $0.00 ONSITE FACTORY TRAINING (ADDITIONAL DAY) $295 0 $0.00

NOZZLE & ACCESSORY OPTIONS: ADDITIONAL SAFETY GLOVES (PER PAIR) (2J-10-GLOVE) $100 0 $0.00 1/2" FLEXIBLE SUPER SPIN WARTHOG NOZZLE (2J-349-40) $1,261 0 $0.00 1/4" x 100' MINI JET KIT (HOSE & NOZZLE ONLY) (2J-173-ASSY) $195 0 $0.00 1/4" X 100' MINI JET REEL W/ HOSE & NOZZLE (2J-150-01-ASSY) $795 0 $0.00 3/16" x 75' MICRO MINI JET KIT (HOSE & NOZZLE ONLY) (2J-175) $195 0 $0.00 3/16" X 75' MICRO JET REEL W/ HOSE & NOZZLE (2J-150-01-MICRO-ASSY) $795 0 $0.00 LOCKING BASE ASSY FOR MINI / MICRO REEL (2J-150-02-ASSY) $230 0 $0.00 INLET GARDEN HOSE REEL W/ 5/8" X 100' GARDEN HOSE (2J-328-ASSY) $595 0 $0.00 WASHDOWN SYSTEM W/ GUN & 25' OF HOSE (2J-283-ASSY & 2J-161-25) $360 0 $0.00 $0 0 $0.00 $0 0 $0.00 $0 0 $0.00 $0 0 $0.00 $0 0 $0.00 $0 0 $0.00 $0 0 $0.00 SPECIAL INSTRUCTIONS:

PRICE OF SELECTED OPTIONS: $161.00 NET PRICE OF UNIT WITH OPTIONS: $51,955.00 SALES TAX: 7.375% $3,831.68 ALL UNITS SHIP FROM GA - ESTIMATED FREIGHT: $1,995.00 ESTIMATED TOTAL: $57,781.68

34 Item 5 Attachment 3

Photos of the City existing sewer jetter trailer

Figure 1 - City's O’Brien Jetter Trailer

Figure 2 - City's O’Brien Jetter Trailer (2)

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36 Item 5 Attachment 4

Proposed 2020 U.S. Jetting Trailer 4018

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38 Item 6

AGENDA TRANSMITTAL

MEETING DATE: February 18, 2020

CITY AGENDA ITEM: Adoption of Council Resolution No. 2020-__: Accepting the Sunset Avenue and Railroad Avenue Turn Signal and Countdown Pedestrian Crosswalk Timers Project as Complete, and Authorizing the City Manager to Record the Notice of Completion for the Project.

FISCAL IMPACT: The Sunset Avenue and Railroad Avenue Turn Signal and Countdown Pedestrian Crosswalk Timers Project (Project), Federal Project No. HSIPL-5032(030), has no fiscal impact on the General Fund. City Public Works Engineering staff applied for and was awarded a Highway Safety Improvement Program (HSIP) grant allocation in the amount of $224,100 from the California Department of Transportation (Caltrans) for this Project. The Project budget includes $181,000 budgeted for construction, of which $162,900 is funded by the HSIP grant and $18,100 is being funded by the Off-Site Street Improvement Program (OSSIP) for the required 10% local match.

STRATEGIC PLAN IMPACT: Provide Good Governance.

BACKGROUND: On March 19, 2019, the City Council awarded the construction contract of $86,848.00 for the Project to W. Bradley Electric, Inc. (Contractor). After the award of the construction contract, Caltrans approved the City to use the remaining construction funds of $94,152.00 for the installation of vehicle detection cameras and the upgrade and/or relocation of pedestrian push buttons within the Project corridors of Sunset Avenue and Walters Road. On July 30, 2019, the City Council approved a contract amendment with the Contractor to utilize the remaining construction funds to perform the Caltrans-approved improvements.

STAFF REPORT: The Contractor has completed the work under the construction contract. In addition to the above-described improvements, other completed improvements include installing countdown pedestrian head modules at existing traffic signals on Sunset Avenue and at existing traffic signals on Walters Road. Also, at the intersection of Sunset Avenue and “old” Railroad Avenue, installed is a new dedicated left turn arrow, four (4) five-section traffic signal heads, and a 24”x 30” light emitting diode (LED) message sign for motorists on westbound Railroad Avenue. The dedicated left turn arrow allows westbound motorists to turn onto southbound Sunset Avenue when a train is passing, but only after the southbound lanes on Sunset Avenue between the train tracks and Railroad Avenue are cleared of vehicle queues. The five-section traffic signal heads offer motorists better vehicular movement guidance than the three-section traffic signal heads. The LED message sign board is blank until an oncoming train triggers it to turn on the “no right turn” symbol for westbound motorists.

PREPARED BY: Nick Lozano, Associate Engineer REVIEWED BY: Matthew Medill, Public Works Director APPROVED BY: Greg Folsom, City Manager

39 Item 6

City staff has received, reviewed and approved the final invoice for this contract. The total construction cost is $159,013.00 which is $21,987.00 less than the construction budget of $181,000.00.

W. Bradley Electric, Inc. has completed the Project in an acceptable and satisfactory manner, and it is now appropriate to file the Notice of Completion (NOC) with the County for the work completed. Staff recommends accepting the Project as complete and authorizing the City Manager to file and record the NOC with the County, which will then start the one-year warranty period on the completed improvements.

RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2020- ___: Accepting the Sunset Avenue and Railroad Avenue Turn Signal and Countdown Pedestrian Crosswalk Timers Project as Complete, and Authorizing the City Manager to Record the Notice of Completion for the Project. ______ATTACHMENTS: 1. Resolution No. 2020-__: Accepting the Sunset Avenue and Railroad Avenue Turn Signal and Countdown Pedestrian Crosswalk Timers Project as Complete, and Authorizing the City Manager to Record the Notice of Completion for the Project. 2. Project Location Map. 3. Notice of Completion. 4. Photos

40 Item 6 Attachment 1

RESOLUTION NO. 2020- 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY ACCEPTING THE SUNSET AVENUE AND RAILROAD AVENUE TURN SIGNAL 3 AND COUNTDOWN PEDESTRIAN CROSSWALK TIMERS PROJECT AS COMPLETE, AND AUTHORIZING THE CITY MANAGER TO RECORD THE 4 NOTICE OF COMPLETION FOR THE PROJECT 5 WHEREAS, the City has received a Highway Safety Improvement Program (HSIP) 6 grant allocation in the amount of $224,100 from the California Department of Transportation (Caltrans) for the design and construction of the Sunset Avenue and Railroad Avenue Turn 7 Signal and Countdown Pedestrian Crosswalk Timers Project (Project), Federal Project No. HSIPL-5032(030); and 8 WHEREAS, the Project budget includes $181,000 budgeted for construction, of which 9 $162,900 is funded by the HSIP grant and $18,000 is funded by the Off-Site Street Improvement 10 Program (OSSIP); and WHEREAS, on March 19, 2019, the City Council awarded the construction contract of 11 $86,848.00 for the Project to W. Bradley Electric, Inc.; and 12 WHEREAS, the construction contract includes installing countdown pedestrian head 13 modules at signalized intersections within the Sunset Avenue and Walters Road corridors, as well as modifying the traffic signal at the Sunset Avenue and “old” Railroad Avenue intersection 14 to enhance vehicular movement efficiency and to improve traffic safety; and 15 WHEREAS, after the award of the construction contract, Caltrans approved the City to use the remaining construction funds of $94,152 for the installation of vehicle detection cameras 16 and the upgrade and/or relocation of pedestrian push buttons with the project corridors; and 17 WHEREAS, on July 30, 2019, the City Council approved a contract amendment with W Bradley Electric, Inc. to utilize the remaining construction funds to perform the Caltrans- 18 approved improvements; and 19 WHEREAS, W. Bradley Electric, Inc. has completed all work under the contract for the Project and is ready to receive a Notice of Completion. 20 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Suisun 21 City does hereby accept the Sunset Avenue and Railroad Avenue Turn Signal and Countdown Pedestrian Crosswalk Timers Project (Project), Federal Project No. HSIPL-5032(030), as 22 completed, and authorizes the City Manager to take such measures as necessary to execute and 23 record the Notice of Completion. 24 PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City held on Tuesday the 18th day of February 2020 by the following vote: 25 AYES: Councilmembers: 26 NOES: Councilmembers: 27 ABSENT: Councilmembers: ABSTAIN: Councilmembers: 28

41 Item 6 Attachment 1

th 1 WITNESS my hand and the seal of said City this 18 day of February 2020. 2 Donna Pock, CMC 3 Deputy City Clerk 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Resolution No. 2020- Adopted Page 2 of 2 42 LOCATION MAP Sunset Avenue & Railroad Avenue Turn Signal and Countdown Pedestrian Crosswalk Timers Project

LEGEND:

Railroad tracks

Project streets of Sunset Avenue and Walters Road

Traffic signal modifications/improvements at intersection of Sunset Avenue and Bella Vista Dr. Sunset Avenue Sunset “old” Railroad Avenue

43 Countdown pedestrian crosswalk timers installed at Sunset Ave./Merganser Dr., Sunset Ave./Pintail Dr., Walters Rd./Petersen Rd., Walters Rd./Montebello Dr., Pintail Dr. and Walters Rd./Bella Vista Dr. Walters Road Vehicular detection cameras installed at Sunset Ave./Shopping Center and Sunset Ave./Pintail Drive Merganser Dr. Pedestrian push button relocation at Sunset Ave./Shopping Center and Walters Montebello Dr. Shopping Ctr. Rd./Bella Vista Dr.

State Route 12 Petersen Rd. Attachment 2 Item 6 THIS PAGE INTENTIONALLY LEFT BLANK

44 Item 6 Attachment 3 WHEN RECORDED MAIL TO:

Name Public Works Department

Street CITY OF SUISUN CITY Address 701 CIVIC CENTER BLVD.

City & SUISUN CITY, CA 94585 State, Zip

SPACE ABOVE THIS LINE FOR RECORDER’S USE No Fee, per code 27283 NOTICE OF COMPLETION

A.P.N. Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Suisun City 3. The full address of the undersigned is 701 Civic Center Blvd. Suisun City, CA 94585 4. The nature of the title of the undersigned is: In fee. N/A (If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase,” or “lessee.”) 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NONE NAMES ADDRESSES

6. The names of the predecessors in the interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to: NONE NAMES ADDRESSES

(If no transfer made, insert “none.”) 7. A work of improvement on the property hereinafter described was completed on: February 18, 2020 8. The name of the contractor, if any, for such work of improvement was W. Bradley Electric, Inc. (If no contractor for work of improvement as a whole, insert “none.”) 9. The property on which said work of improvement was completed is in the City of Suisun City , County of Solano , State of California, and is described as follows: Sunset Avenue and Railroad Avenue Turn Signal and Countdown Pedestrian Crosswalk Timers Project, Federal Project No. HSIPL-5032(030)

10. The street address of said property is Sunset Avenue and Walters Road

11. I declare under penalty of perjury the foregoing is true and correct. Signature of owner named Dated: in paragraph 2

By Greg Folsom, City Manager

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46 Item 6 Attachment 4

Photos Sunset Avenue & Railroad Avenue Turn Signal and Countdown Pedestrian Crosswalk Timers 1 of 3

Pre-Construction: Railroad Avenue East – Two Lanes:

Post-Construction: Railroad Avenue East – Three Lanes:

47 Photos Sunset Avenue & Railroad Avenue Turn Signal and Countdown Pedestrian Crosswalk Timers 2 of 3

INTERSECTION OF SUNSET AVENUE AND RAILROAD AVENUE NEW 5-SECTION SIGNAL HEADS REPLACED 3- EAST SECTION SIGNAL HEADS (4 TOTAL) 48

LEFT TURN DURING GREEN PHASE NEW 5-SECTION SIGNAL HEADS PERMIT RIGHT TURN WITHOUT STOPPING

ALSO, DURING GREEN PHASE FOR SOUTHBOUND VEHICLES ON SUNSET AVENUE TURNING Attachment 4 LEFT ONTO EASTBOUND RAILROAD AVENUE, THE NEW 5-SECTION SIGNAL HEADS PERMIT

WESTBOUND VEHICLES ON RAILROAD AVENUE TO TURN RIGHT ONTO NORTHBOUND Item 6 SUNSET AVENUE. Item 6 Attachment 4

Photos Sunset Avenue & Railroad Avenue Turn Signal and Countdown Pedestrian Crosswalk Timers 3 of 3

SUNSET AVENUE/RAILROAD AVENUE INTERSECTION: WHEN A TRAIN IS CROSSING AT THE NEARBY RAILROAD TRACKS, WESTBOUND MOTORISTS ON RAILROAD AVENUE ARE PROHIBITED FROM TURNING RIGHT INTO NORTHBOUND SUNSET AVENUE TOWARDS THE TRAIN TRACKS. HOWEVER, WESTBOUND MOTORISTS ARE ALLOWED TO TURN LEFT AWAY INTO SOUTHBOUND SUNSET AVENUE AWAY FROM THE TRAIN TRACKS.

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50 Item 7

AGENDA TRANSMITTAL

MEETING DATE: February 18, 2020

CITY AGENDA ITEM: Council Adoption of Resolution No. 2020-____: Amending the Council Norms and Procedures Manual.

FISCAL IMPACT: There would be a no fiscal impact to the City.

STRATEGIC PLAN: Provide Good Governance.

STAFF REPORT: On July 30, 2019 the City Council adopted a Council Norms and Procedures Manual. The document includes operational procedures, policies, and practices.

On January 14, 2020 the City Council discussed amendments to Section 5.7, Attendance, and provided direction to staff to bring an amended Norms and Procedures Manual back to City Council for approval. Comments from that meeting were incorporated into the attached versions of the Manual. The clean version is the proposed version for approval. The redlined version highlights the changes that were recommended.

The current language requires a board, commission or committee member whose attendance is less than seventy-five percent (75%) of the required meetings over a period of one year may be subject to removal by the Council. When there is an issue with attendance the policy requires the item be placed on an agenda for Council discussion and a vote on removal. The revised policy would allow removal at the discretion of the Mayor. Council Members will be notified of any action taken by the Mayor.

The current Norms and Procedures Manual is consistent with Suisun City Municipal Code, Section 2.20.040, Planning Commission – Terms, vacancies and removal. If this item is approved, an ordinance will be brought to Council to amend Chapter 2.20.040 of the Suisun City Municipal Code to incorporate changes to the Norms and Procedures Manual

STAFF RECOMMENDATION: It is recommended that the City Council Adopt Resolution No. 2020-____: Amending the Council Norms and Procedures Manual.

ATTACHMENTS: 1. Resolution No. 2020-____: Amending the Council Norms and Procedures Manual 2. Amended Draft Council Norms and Procedures Manual (clean) 3. Amended Draft Council Norms and Procedures Manual (redlined) 4. Suisun City Municipal Code, Planning – Section 2.20.040 – Terms, Vacancies and removal

PREPARED BY: Greg Folsom, City Manager

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52 Item 7 Attachment 1

1 RESOLUTION NO. 2020-__

2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY 3 AMENDING THE COUNCIL NORMS AND PROCEDURES 4 WHEREAS, on July 30, 2019 the City Council of the City of Suisun City established the Norms and Procedures to promote communication, understanding, fairness, and trust among the 5 members of the City Council and staff concerning their roles, responsibilities, and expectations for 6 management of the business of the City of Suisun City; and WHEREAS, on January 14, 2020 the City Council of the City of Suisun City considered 7 amendments and provided direction to amend the Council Norms and Procedures. 8 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Suisun 9 City hereby amend the Council Norms and Procedures as follows: 5.7 Attendance. 10 (a) Board, commission and committee members are expected to regularly attend and 11 participate on their respective boards, committees and commissions. 12 (b) All absences should be reported to the Mayor in advance of missing the meeting. 13 (c) A board, commission or committee member whose attendance is less than seventy- five percent (75%) of the required meetings over a period of a year may be subject 14 to removal by the Council at the discretion of the Mayor. Council will be notified of any actions taken. 15 (d) The Council may grant an approved leave of absence for a board, commission or 16 committee member for such reasons as the Council Mayor determines appropriate. 17 Council will be notified of any actions taken PASSED AND ADOPTED at a Regular Meeting of said City Council of the City of 18 Suisun City duly held on Tuesday, the 18th day of February 2020, by the following vote: 19 AYES: Council Members: NOES: Council Members: 20 ABSENT: Council Members: 21 ABSTAIN: Council Members:

22 WITNESS my hand and the seal of said City this 18th day of February 2020. 23 24 Donna Pock, CMC Deputy City Clerk 25 26 27 28

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54 Item 7 Attachment 2

SUISUN CITY COUNCIL: Mayor Lori Wilson Mayor Pro Tem Michael Segala Councilmember Jane Day Councilmember Wanda Williams Councilmember Anthony Adams

ORIGINAL ADOPTION: COUNCIL July 30, 2019 AMENDED: Norms & Procedures FEBRUARY 18, 2020

55 Item 7 Attachment 2 SUISUN CITY COUNCIL NORMS & PROCEDURES Table of Contents Section 1. GENERAL...... 4 1.1 Purpose...... 4 1.2 Code of Conduct...... 4 1.3 Decorum...... 4 1.4 Overview of Council responsibilities...... 4 1.5 Overview of City Manager responsibilities...... 5 1.6 Annual Review...... 6 1.7 Ralph M. Brown Act...... 6 SECTION 2. COUNCIL REORGANIZATION ...... 6 2.1 Mayor Pro Tem Selection Process...... 6 2.2 Duties of the Mayor Pro Tem/Vice Mayor ...... 6 2.3 Appointment of a Council Vacancy...... 7 SECTION 3. ADMINISTRATIVE MATTERS ...... 7 3.1 Attendance...... 7 3.2 Correspondence...... 7 3.3 Regional Boards, Committees and Ad Hocs ...... 8 3.4 Distribution of Information...... 8 3.5 Reimbursement...... 8 3.6 Ethics and Sexual Harassment Prevention & Education Training...... 9 3.7 City Seal...... 9 3.8 Use of City Email and Social Media...... 9 3.9 Compensation...... 10 SECTION 4. COUNCIL RELATIONSHIP WITH STAFF ...... 11 4.1 City Manager...... 11 4.2 Agenda Item Questions...... 11 4.3 Interaction of City Council with Staff...... 11 4.4 Individual Council Member’s Requests...... 11 SECTION 5. PROCEDURES FOR APPOINTMENTS TO BOARDS/COMMISSIONS/COMMITTEES ...... 12 5.1 Definitions...... 12 5.2 Recruitment Process...... 12 5.3 Requirement for Appointment...... 13

Suisun City Council Norms & Procedures 1

56 Item 7 Attachment 2 5.4 Council Notification...... 13 5.5 Incumbents...... 13 5.6 Application...... 14 5.7 Attendance...... 14 5.8 Norms and Procedures and Conflicts of Interest...... 14 5.9 Conflicts with Federal, State or Local Law...... 14 SECTION 6. MEETINGS ...... 14 6.1 Open to Public...... 14 6.2 Broadcasting of City Council Meetings...... 15 6.3 Regular Meetings...... 15 6.4 Cancelling Meetings...... 15 6.5 Special Meetings...... 15 6.6 Closed Sessions...... 15 6.7 Quorum...... 16 6.8 Minutes...... 16 6.9 Adjourned Meetings...... 16 SECTION 7. POSTING NOTICE AND AGENDA ...... 16 7.1 Posting of Notice and Agenda...... 16 7.2 Location of Posting...... 16 SECTION 8. AGENDA CONTENTS ...... 17 8.1 Mayor’s Responsibility...... 17 8.2 Description of Matters...... 17 8.3 Availability to the Public...... 17 8.4 Limitation to Act Only on Items on the Agenda...... 17 8.5 "Timing" of Agenda...... 17 8.6 Order of Agenda – Regular Meeting...... 17 8.7 Order of Agenda – Closed Session...... 18 8.8 Change in Order of Business...... 18 8.9 Agenda Request Policy...... 18 8.10 Presentations...... 18 8.11 Proclamations...... 18 8.12 Redress...... 18 SECTION 9. PROCEDURES FOR THE CONDUCT OF PUBLIC MEETINGS ...... 19 9.1 Role of Mayor...... 19

Suisun City Council Norms & Procedures 2

57 Item 7 Attachment 2 9.2 Rules of Order...... 19 9.3 Appeal Procedures...... 20 9.4 Applicants...... 20 9.5 Staff and Consultant Reports...... 20 9.6 Public Comment...... 20 9.7 Motions...... 21 9.8 Reconsideration...... 21 9.9 Discussion...... 22 9.10 Council Member Respect...... 24 9.11 Council and Staff Reports and Directions on Future Agenda Items...... 24 SECTION 10. CLOSED SESSIONS ...... 24 10.1 Purpose...... 24 10.2 Rule of Confidentiality...... 24 10.3 Breach of Rule of Confidentiality...... 25 10.4 Agenda...... 25 10.5 Permissible Topics...... 25 10.6 Rules of Decorum...... 25 10.7 Conduct of Meeting...... 25 10.8 Public Disclosure After Final Action...... 26 SECTION 11. DECORUM ...... 26 11.1 Council Members...... 26 11.2 City Employees...... 26 11.3 Public...... 27 11.4 Noise in the Chambers...... 27 11.5 Removal...... 27 11.6 Dangerous Instruments...... 27 11.7 Prosecution...... 27 SECTION 12. ENFORCEMENT OF DECORUM ...... 27 SECTION 13. PUBLIC RELATIONS ...... 28 13.1 City Spokesperson...... 28 13.2 Press Release...... 28 SECTION 14. MAYOR’S OFFICE ...... 28 SECTION 15. VIOLATIONS OF PROCEDURES ...... 28

Suisun City Council Norms & Procedures 3 58 Item 7 Attachment 2 SUISUN CITY COUNCIL NORMS & PROCEDURES Section 1. GENERAL

1.1 Purpose. The purpose of these Norms and Procedures is to promote communication, understanding, fairness, and trust among the members of the City Council and staff concerning their roles, responsibilities, and expectations for management of the business of the City of Suisun City.

In the interest of promoting best practices in our local government as Municipal Legislators, this document will include operational procedures, policies, and practices.

1.2 Code of Conduct. The residents and businesses of Suisun City are entitled to have a fair, ethical and accountable local government, which has earned the public’s full confidence for integrity. The effective function of our democratic government requires that: • Our public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government; • Our public officials be independent, impartial and fair in their judgment and actions; • Public office be used for the public good, and not for personal gain; and • Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.

1.3 Decorum. All Council Members shall practice a high degree of decorum and courtesy. Respect for each Council Member’s interpersonal style will be the standard of operation. Courtesy and respect for individual points of view will be practiced at all times.

All Council Members shall respect each other’s right to disagree. Council Members shall commit to avoiding personal attacks, using language that is demeaning, or using words or phrases that tend to “shut others down.”

When addressing the public in any way, all Council Members shall make certain their opinions are expressed solely as their own, and do not in any way necessarily reflect the opinions of any other Council Member or the City.

This subject is expanded in Section 11.

1.4 Overview of Council responsibilities. Suisun City is a California General Law city with a council/manager form of government. The City Council, which is elected directly by city voters, is assisted by a number of appointed and

Suisun City Council Norms & Procedures 4

59 Item 7 Attachment 2 separately elected officials to provide services for City residents. The City Council has the following duties and responsibilities:

(a) Appointment of the City Manager and City Attorney. The City Council shall appoint the City Manager and the City Attorney. The City Manager shall implement City Council policy and run day-to-day operations of Suisun City. The City Attorney shall provide legal advice and act as counsel to elected officials and city staff in adherence to all federal, state and local laws pertaining to city operations and public policy. There should be an annual review for the City Manager and the City Attorney.

The City Manager’s annual review shall follow closely the format included in the City Manager’s contract and include goals for the next period. Less formal evaluations may take place quarterly or every six months at the pleasure of the Council. A separate procedure will be established for this evaluation.

The City Attorney’s annual review shall be at a format proposed by the Mayor and agreed upon by the Council informally.

The Mayor at his/her discretion may annually create an ad hoc to oversee annual review process and prepare a summary evaluation.

(b) Establishment of boards and appointment of members. With the consent of the Council, the Mayor may establish Boards, Commissions, and Committees, and make appointments of members of all Boards, Commissions, and Committees. The Mayor may, from time to time, cede this authority by resolution of the Council.

(c) Legislative decisions. The Council is the legislative body; its members are the community’s decision makers. Power is centralized in the elected City Council collectively and not in individual members of the Council. The City Council approves the budget and determines the public services. It focuses on the community’s goals, major projects and such long term considerations as community growth, financing and strategic planning. The City Council hires a professional City Manager to carry out administrative responsibilities and they collectively supervise the City Manager’s performance.

1.5 Overview of City Manager responsibilities. The City Manager is hired to serve the City Council and the community and to bring the benefits of education, training and experience in administering the City’s projects, programs, and public services on behalf of the City Council. The City Manager follows the direction of the entire City Council and not individual members of the Council or the public, and serves at the sole discretion of the Council.

As the City’s Chief Executive Officer, the City Manager oversees: • Department heads and department operations • Budget development and fiscal management

Suisun City Council Norms & Procedures 5

60 Item 7 Attachment 2 • Policy implementation • Personnel administration and human resources • Labor relations • Intergovernmental relations • Service delivery • Elected official support • A variety of special projects and assignments

The City Manager appoints, removes, promotes, and demotes any and all officers and employees of the city except the City Clerk, City Attorney, and City Treasurer. Appointment, removal, promotion, or demotion of department heads shall require prior approval of the City Council. (Ord § 2.08.110)

Among the chief duties, the City Manager will implement the Council’s policies, projects, programs, and public services in an effective and efficient manner, providing professional advice on policy matters, intergovernmental affairs, economic development, and environmental issues.

1.6 Annual Review. The City Council shall conduct a review of this document annually within three months prior to the start of a new fiscal year, or whenever Council deems necessary, to assist Council Members in being more productive in management of the business of the City.

1.7 Ralph M. Brown Act. All conduct of the City Council, Commissions, Committees and Subcommittees shall be in full compliance with the Ralph M. Brown Act.

SECTION 2. COUNCIL REORGANIZATION

2.1 Mayor Pro Tem Selection Process. In December of each year, the Mayor shall select and appoint a Mayor Pro Tem, with consent of the City Council, from among the members of the Council. Selection and appointment shall be at the first meeting of a new term following each General Municipal Election or at the first meeting in December during non-election years. For all intents and purposes, the title Mayor Pro Tem and Vice Mayor are used interchangeably. The term of the appointment shall be for a 12-month period commencing on January 1st of each year, unless otherwise provided for by majority vote of the Council.

2.2 Duties of the Mayor Pro Tem/Vice Mayor The Vice Mayor remains as one member of the City Council and has no rights or authority different from any other member of the Council. The Vice Mayor is the designated individual to represent the Mayor and perform any duties as required when the Mayor is unavailable. If the Mayor will be unavailable for an extended period of time, the Mayor shall provide notification to the Vice Mayor, City Manager, and City Clerk, in addition to outlining any additional duties.

Suisun City Council Norms & Procedures 6

61 Item 7 Attachment 2

2.3 Appointment of a Council Vacancy. In the event of a vacancy of office or the death or resignation of any Council Member, the Mayor shall appoint a new Council Member, with the consent of the Council, within sixty (60) days after a vacancy or death or resignation becomes effective in compliance with the California Elections Code, unless the Council, by resolution, decides to instead call a special election. In the event of appointment, the Mayor, with the consent of the Council, shall determine by resolution the process for appointment prior to the application process and in accordance with State law.

SECTION 3. ADMINISTRATIVE MATTERS

3.1 Attendance. City Council Members acknowledge that attendance at lawful meetings of the City Council is part of their official duty. Council Members shall make a good faith effort to attend all such meetings unless unable. Council Members will notify the Mayor, City Manager, and City Clerk, if they will be absent from a meeting.

Per Gov Code §36513, “if a city councilmember is absent without permission from all regular city council meetings for 60 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy.”

3.2 Correspondence. With some exceptions, proposed correspondence (including electronic) from individual Council Members/Mayor on City stationery shall be reviewed by the Council in draft form prior to release.

On occasion, there are urgent requests from the League of California Cities for correspondence concerning legislation directly affecting municipalities. Assuming there is agreement between the Mayor and City Manager that the League’s position corresponds with that of the Council, the Mayor may send a letter without first obtaining Council review.

City letterhead will be made available for routine, discretionary correspondence (e.g., thank you notes, etc.), or such correspondence will be prepared by staff for signature, without prior consent of the Council.

The City will provide stationary designated as “The Office of” for each member of the Council to use for correspondence as it relates to your elected position (e.g., thank you notes, letters of recommendation, direct communication to residents or businesses, etc). This letterhead will have the same information as provided on your business card. Any views expressed in this correspondence (including electronic) are solely your own and do not represent the views of the City or the Council.

E-mails from Council Members should be respectful and professional. This form of correspondence is a public record subject to disclosure under the California Public Records Act.

Suisun City Council Norms & Procedures 7

62 Item 7 Attachment 2 3.3 Regional Boards, Committees and Ad Hocs The role of the Council on regional boards will vary depending on the nature of the appointment. Representing the interests of Suisun City is appropriate on some boards; this is generally the case when other local governments have their own representation. The positions taken by the appointed representatives are to be in alignment with the positions that the Council has taken on issues that directly impact Suisun City. If an issue should arise that is specific to Suisun City and the Council has not taken a position, the issue should be discussed by the Council prior to taking a formal position at a regional board meeting, to assure that it is in alignment with a majority of the Council’s position.

Council representatives to such various boards shall keep the Council informed of ongoing business through brief oral or written reports to the Council during properly posted Council meetings.

Council Members shall make a good faith effort to attend all regional meetings to which they are assigned. Attendance should not be less than 75% of all annual scheduled meetings and all absences should be reported to the Mayor. If a Council Member is unable to attend, the Council Member shall notify his/her alternate as far in advance of the meeting as possible so as to allow the alternate to attend.

A list of these assignments are maintained by the Deputy City Clerk and will be distributed to the Council when updated.

3.4 Distribution of Information. It is essential that every member of the City Council have the same information from which to form decisions and actions. Any information distributed to one Council Member shall also be distributed to all Council Members.

The Mayor, by virtue of the position, may receive information in advance of other members of the Council in order for the City Manager to effectively proceed with the day-to-day operation of the City. The City Manager will make every effort to disseminate this information to the remaining members of the Council in a timely manner, whether through the City Manager Report or Council Member/Manager 1:1.

3.5 Reimbursement. Every effort shall be made to limit the need to reimburse Council Members for expenses. City Council Members may be reimbursed for personal expenses for travel to and lodging at conferences or meetings related to their role as a Council Member. The reimbursement of expenses is limited in the following manner: Members shall be reimbursed subject to the Administrative Directive related to travel expense (AD1.) Any additional expenses that fall outside the scope of this policy may be reimbursed only if approved by the City Council, at a public meeting, before the expenses are incurred. Any request for reimbursement of expenses shall be accompanied by an expense form and receipts to document the expenditure. These documents are public records subject to disclosure under the California Public Records Act.

Suisun City Council Norms & Procedures 8 63 Item 7 Attachment 2 Brief reports must be given on any outside meeting attended at the expense of the City at the next regular Council meeting.

3.6 Ethics and Sexual Harassment Prevention & Education Training. Any member of the City Council and commissions, or advisory committees formed by the City Council, shall receive at least two hours of ethics training in general ethics principles and ethics laws relevant to his/her public service every two years, as mandated by AB 1234, and at least two hours of sexual harassment prevention training, as mandated by AB 1661. New members must receive this training within their first year of service for ethics and six months for sexual harassment prevention training and education, and file a certificate of completion with the City Clerk. Members shall attend training sessions that are offered through the League of California Cities or locally in the immediate vicinity of Solano County, or by completing online a state- approved public service ethics education program.

An individual who serves on multiple legislative bodies need only receive two hours of each training every two years to satisfy this requirement for all applicable public service positions. If the City offers either course, the City will use a course that has been reviewed and approved by the Fair Political Practices Commission and the California Secretary of State.

The City Clerk is required to keep ethics training records for five years to document and prove that these continuing education requirements have been satisfied. These documents are public records subject to disclosure under the California Public Records Act.

3.7 City Seal. The City Seal is an important symbol of Suisun City. No change to the City Seal shall be made without Council approval. Individual Council Members shall be careful in use of the City Seal so as not to create an appearance that the Council Member is acting on behalf of or with official endorsement of Suisun City.

3.8 Use of City Email and Social Media. Except for emergencies, public officials who are not City employees (“public officials”) conducting City business should not create any “public record” (as that term is defined in California Government Code § 6253(e)) by using any email account that is not a City email account, or by using any non-City-controlled social media account. Instead, public officials should use a City email or City-controlled social media account.

In an emergency, a public official may send an email on a non-City email account, but only if a copy of any public record that is created as a result is contemporaneously copied to the City email account of that same public official, or a hard copy is provided to the City for retention in City records.

Practically speaking, this means that public officials should rarely, if ever, use a personal email account to conduct City business, and should never use personal social media accounts to conduct City business. Nothing in this policy is intended to limit a public official’s use of private email and social media accounts for non-City business such as personal communications and

Suisun City Council Norms & Procedures 9 64 Item 7 Attachment 2 campaign related activities. Nor is this policy intended to require public officials to provide privileged communications or documents to the City, or to waive any applicable privileges which may apply to documents purely because they have been turned over to the City in compliance with this policy.

For purposes of this policy “City-controlled social media account” is an account on a social media platform (e.g. Facebook, Instagram, Twitter) that is created and used by the City (e.g. the City’s official Facebook page, if any).

Use of City Electronic Devices. In general, when creating or modifying public records in the conduct of City business on an electronic device that can create and modify public records (e.g. computers, mobile phones, tablets), public officials should only use City-issued devices. There are two exceptions:

Exception: Using City Accounts. Public officials may use non-City electronic devices when accessing an official City account (e.g. City email address, City-controlled social media account).

Exception: Contemporaneous Copying. If, in a given situation, using a City electronic device is clearly impractical or if a public official has not been issued or does not have in the public official’s possession a City electronic device, a public official may use a non-City device, but only if a copy of each affected public record is contemporaneously copied to a City account of that same public official, or to the related City-controlled social media account, or a hard copy is provided to the City for retention in City records.

Texting Only on City Devices. Except for emergencies or when communicating with the City Attorney’s Office, public officials conducting City business shall not send or receive texts on any device other than a City owned device. In an emergency, a public official may use a non-City device to text, but only if a copy of any public record that is created as a result is contemporaneously copied to a City account of that same public official, or a hard copy is provided to the City for retention in City records. Practically speaking, this means that public officials should rarely, if ever, use a non-City owned device to text in the conduct of City business.

Provide Copies to City. If a public official has possession of a public record that is not in the possession of the City, the public official shall promptly provide a copy of the record to the City, and take reasonable precautions to prevent this from occurring again. For example, if a public official receives an email regarding City business on a non-City email account, and the email was not sent to or from a City email account (i.e. the City doesn’t already have a copy), the public official shall promptly forward a copy of the email to the public official’s City email account, or provide a hard copy to the City for retention in City records, and should request that the sender send future correspondence to a City controlled email account.

3.9 Compensation. Council members are compensated in accordance with California Government Code Sections 36516 and 36516.5. The amount is memorialized in the City’s Municipal Code.

Suisun City Council Norms & Procedures 10 65 Item 7 Attachment 2 SECTION 4. COUNCIL RELATIONSHIP WITH STAFF

Note: The foundation of a healthy and productive relationship between City Council and all City Staff is based on staying within the chain of command.

4.1 City Manager. City Council Members are always free to go to the City Manager to discuss City business. Issues concerning the performance of a Department or any employee must be directed to the City Manager. Direction to City employees, other than the City Manager or City Attorney, is the prerogative of the City Manager. In passing along critical information, the City Manager will be responsible for contacting all Council Members. The City Manager may delegate this responsibility to Department Heads.

4.2 Agenda Item Questions. If a Council Member has a question on an agenda item, the Council Member should contact the City Manager, if at all possible, prior to any meeting at which the item may be discussed. This does not restrict Council Members from asking questions during a Council meeting.

4.3 Interaction of City Council with Staff. The Council shall treat staff with respect and shall not abuse staff, nor embarrass staff in public. The City Council Members are welcome to have contact with any city employee. However, the Council are to work through the City Manager or City Attorney on all issues, concerns and questions. This is to allow the senior professional staff, with the proper education, training, experience and knowledge of issues, laws and City Council’s policies to coordinate a full and complete response and reduce error or misunderstanding by staff members not necessarily knowledgeable on all issues. This can provide a better overall response, allow any new issues to properly be considered and avoid unintended redirection of staff efforts.

Council Members are free to speak to Department Heads and may ask for information related to their department or agenda items. However, at no point is it acceptable to provide direction. All direction should be given to the City Manager, and the City Manager should be informed of contacts made with Department Heads. This informal system of direct communication is not to be abused.

City Council Members shall not meet with groups of management employees for the purpose of discussing terms of employment or establishing employee policy.

4.4 Individual Council Member’s Requests. Council Members shall make their requests for information to the City Manager and not directly to individual members of staff. The use of City staff, including the City Manager, to respond to an individual Council Member’s request for any purpose that exceeds more than one hour of total staff time must be approved by the majority vote of the full Council. The individual City Council Member may make his/her request orally or in writing to the City Manager. The City Manager shall provide an estimate of the cost and how the request affects the Council’s Goals and Objectives. This request will then be considered by the City Council at the next possible City

Suisun City Council Norms & Procedures 11 66 Item 7 Attachment 2 Council meeting. Irrespective of the amount of staff time required to respond to each Council Member’s request, individual Council Member’s requests should be limited to no more than three to five requests per week.

SECTION 5. PROCEDURES FOR APPOINTMENTS TO BOARDS/COMMISSIONS/COMMITTEES

5.1 Definitions. (a) Task Force: A temporary grouping of individuals and resources for the accomplishment of a specific objective.

(b) Committee: A group of people officially delegated to perform a function, such as investigating, considering reporting, or acting on a matter.

(c) Ad Hoc: Committees established for a specific purpose. Formed for or concerned with one specific purpose (e.g. ad hoc compensation committee); for the particular end or case at hand without consideration of wider application; formed or used for specific or immediate problems or needs; often improvised or impromptu; contrived purely for the purpose in hand rather than carefully planned in advance.

(d) Commission: A group of people officially authorized to perform certain duties or functions with certain powers or authority granted; the act of granting certain powers or the authority to carry out a particular task or duty; the rank and powers so conferred.

(e) Board: A group of persons having managerial, supervisory, or advisory powers. In parliamentary law, a board is a form of deliberative assembly and is distinct from a committee, which is usually subordinate to a board or other deliberative assembly – in having greater autonomy and authority.

5.2 Recruitment Process. (a) On or before December 31st of each year, the City Clerk shall prepare and post a list of all Council-appointed board, commission and committee terms that expire during the next calendar year in compliance with the Maddy Act (Government Code Section 54972).

(b) The City Clerk shall annually advertise in a newspaper and on the City’s website for applicants wishing to be considered for appointment to boards, commissions and committees.

(c) Although there may be multiple applicants, the Mayor is not required to choose from the pool of applicants and may nominate his/her own appointee, provided the appointee qualifies. This applies to individual Council Members where the Mayor has ceded his/her authority.

Suisun City Council Norms & Procedures 12 67 Item 7 Attachment 2 (d) All persons seeking appointment to a City board, commission or committee shall complete and submit an application form to the City Clerk as set forth in Section 5.6. Applications shall be kept on file for two years in the City Clerk’s office and vacancies may be considered from applications on file, as well as new applications.

(e) If an unscheduled board or commission vacancy occurs during the year, the following steps should be taken to publicize vacancies on boards, commissions and committees:

1. Public announcement of the vacancy at a Council meeting. 2. A newspaper advertisement announcing the vacancy. 3. A recruitment period of at least ten (10) days. 4. A vacancy notice posted at City Hall, the Nelson Center, and on the City’s website for at least 20 days. 5. Announcements in the local media, such as press releases, online news outlets and free weekly sales papers. 6. Distribution to appropriate professional and community organizations and all groups that have requested notification.

5.3 Requirement for Appointment. (a) All persons appointed to City boards, commissions and committees shall be residents of the City of Suisun City at the time of their appointment and shall remain so throughout their term of appointment. Should any person so appointed move from the City during their term of office, such office shall be forfeited. The Mayor with the consent of the Council shall, upon forfeiture, make a new appointment to fill the unexpired term.

(b) All persons appointed to City boards, commissions and committees shall complete and submit an application form to the City Clerk as set forth in Section 5.6.

(c) Except as provided by state or local statute, the appointee shall not be a current City employee or currently appointed to another City board, committee or commission.

5.4 Council Notification. By October 1 of each year, the City Clerk will notify the Mayor of expiring terms for members of those City boards, commissions, and committees.

5.5 Incumbents. (a) At the end of the first term, the incumbent board, commission or committee member may, at the discretion of the Mayor, be reappointed for an additional term without the need to apply or interview for re-appointment. In lieu of an application, the board, commission or committee member shall submit to the City Clerk a letter of interest in re- appointment 60 days prior to the expiration of the member’s first term.

(b) Any incumbent interested in re-appointment who has served two or more terms must apply for re-appointment as set forth in Section 5.6.

Suisun City Council Norms & Procedures 13 68 Item 7 Attachment 2 5.6 Application. Except as set forth in Section 5.5, all persons considered for appointment or re-appointment shall complete an application form. This application form must be received by the City Clerk by the required deadline.

5.7 Attendance. (a) Board, commission and committee members are expected to regularly attend and participate on their respective boards, committees and commissions.

(b) All absences should be reported to the Mayor in advance of missing the meeting.

(c) A board, commission or committee member whose attendance is less than seventy-five percent (75%) of the required meetings over a period of a year may be subject to removal by the Council at the discretion of the Mayor. Council will be notified of any actions taken.

(d) The Council may grant an approved leave of absence for a board, commission or committee member for such reasons as the Council Mayor determines appropriate. Council will be notified of any actions taken

5.8 Norms and Procedures and Conflicts of Interest. (a) Board, committee and commission members shall be expected to adhere to the Council Norms and Procedures.

(b) Board, committee and commission members shall comply with all state and local laws with respect to ethics and conflicts of interests to the extent that such laws apply to their position, including state and local requirements to timely file Statements of Economic Disclosure if the member is designated as a filer by state law or by the City’s Conflict of Interest Code.

(c) Members of City boards, commissions or committees may not use their board, commission or committee position title for political endorsements.

5.9 Conflicts with Federal, State or Local Law. In case of a conflict between this section of the Norms and Procedure policy with federal, state or local law, such federal, state or local law shall be the controlling factor.

SECTION 6. MEETINGS

6.1 Open to Public. All meetings of the City Council whether regular, special, or study sessions, shall be open to the public, unless a closed session is held as authorized by law. All meetings shall be noticed as required to allow action to be taken by the Council.

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69 Item 7 Attachment 2 6.2 Broadcasting of City Council Meetings. All regular Council meetings shall be scheduled in the Council Chambers to allow for web streaming, unless the number of participants exceeds room capacity. The final decision shall be the responsibility of the Mayor.

6.3 Regular Meetings. At the first regular meeting in January, the City Council will approve the schedule of meetings for the calendar year, which in addition to the regular meeting schedule, may include the cancellation of regular meetings and the addition of special meetings and study sessions. This practice does not, however, preclude the Mayor from calling additional meetings pursuant to Section 6.5, if necessary.

The City Council shall convene its regular City Council meetings at 6:30 p.m. on the first and third Tuesday of each month.

The City Council hopes to conclude its public business at Regular Meetings by 10:00 p.m. Ordinarily, at the discretion of the Mayor, no new items will be taken up after the 10:00 p.m. cutoff and any items remaining will be agendized for the next meeting.

6.4 Cancelling Meetings. Pursuant to Government Code Section 36805, City Council shall hold a Regular Meeting at least once each month. Outside of this provision, the Mayor may cancel no more than four (4) Regular Meetings at his/her discretion no less than 7 days before the planned meeting. The Mayor may cancel a meeting at any time in the case of an emergency or when a majority of members have confirmed their unavailability to attend a meeting.

6.5 Special Meetings. A special meeting may be called at any time by the Mayor or by a majority of the City Council in accordance with the Brown Act. Written notice of any such meeting must specify the purpose of the meeting. Notice of the meeting must be given in accordance with law. Public comments at special meetings shall be limited to only those items described on the special meeting notice/agenda.

The City Council may hold study sessions or joint meetings with other boards, commissions, committees, or agencies as deemed necessary to resolve City business. These meetings will be coordinated by the City Clerk. Study sessions are scheduled to provide Council Members the opportunity to better understand a particular item. While Council may legally take action at any noticed meeting, generally no formal action is taken at study sessions. If action is to be taken at a study session, then the agenda will state that action may be taken.

6.6 Closed Sessions. The City Council may hold closed sessions at any time authorized by law (and in consultation with the City Attorney), to consider or hear any matter, which is authorized by law. The Mayor or any three Council Members may call closed session meetings at any time.

Suisun City Council Norms & Procedures 15 70 Item 7 Attachment 2 6.7 Quorum. Three (3) members of the City Council shall constitute a quorum and shall be sufficient to transact business. If fewer than three Council Members appear at a regular meeting, the Mayor, Vice Mayor in the absence of the Mayor, any Council Member in the absence of the Mayor and Vice Mayor, or in the absence of all Council Members, the City Clerk or Deputy City Clerk, shall adjourn the meeting to a stated day and hour.

Business of the City Council may be conducted with a minimum of three members being present; however, pursuant to the California Government Code, matters requiring the expenditure of City funds and all resolutions and non-urgency ordinances must receive three affirmative votes for approval.

6.8 Minutes. The City Clerk shall prepare minutes of all public meetings of the City Council. Electronic copies will be distributed to the Council for review one (1) week following the meeting. Council Members will have one (1) week to provide feedback to the City Clerk for corrections or clarifications. The City Clerk will provide the corrected minutes to the City Manager one (1) week before the meeting to ensure inclusion in the Agenda Packet.

6.9 Adjourned Meetings. The City Council may adjourn any regular, adjourned regular, special, or closed session meeting to a time and place specified in the order of adjournment and permitted by law. SECTION 7. POSTING NOTICE AND AGENDA

7.1 Posting of Notice and Agenda. For every regular, special, or study session meeting, the City Clerk or other authorized person shall post a notice of the meeting, specifying the time and place at which the meeting will be held, and an agenda containing a brief description of all items of business to be discussed at the meeting. This notice and agenda may be combined in a single document. Posting is to be according to law.

7.2 Location of Posting. The notice and agenda shall be posted at City Hall in a place to which the public has unrestricted access and where the notice and agenda are not likely to be removed or obscured by other posted material, and to the City website.

Although not required, additional posting places have been identified to increase civic engagement: • Joseph Nelson Center • Senior Center • Harbor Master Building • City Controlled Social Media • Non-City Partnership Buildings

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71 Item 7 Attachment 2 SECTION 8. AGENDA CONTENTS

8.1 Mayor’s Responsibility. The Mayor is responsible for running a timely and orderly meeting. If the Mayor is unavailable to run a Council meeting, the Vice Mayor shall run the meeting. The Mayor, in consultation with the City Manager or his/her designee, shall organize the agenda and agenda forecast. The agenda forecast will be distributed with the City Manager’s report.

8.2 Description of Matters. All items of business to be discussed at a meeting of the City Council shall be briefly described on the agenda. The description should set forth the proposed action to be considered so that members of the public will know the nature of the action under review and consideration.

As stated in Section 4.2, if a Council Member has a question on a subject, the Council Member should contact the City Manager prior to any meeting at which the subject may be discussed.

8.3 Availability to the Public. The agenda for any regular, special, or study session meeting, shall be made available to the general public as required by law.

8.4 Limitation to Act Only on Items on the Agenda. No action shall be taken by the City Council on any item not on the posted agenda, subject only to the exceptions listed below:

(a) Upon a majority determination that an “emergency situation” (as defined by State Law) exists; or

(b) Upon determination by a 4/5 vote of the full City Council, or a unanimous vote if less than a full Council, that there is a need to take immediate action and that the need to take the action came to the attention of the City Council subsequent to posting of the agenda.

8.5 "Timing" of Agenda. The Mayor may "time" the agenda as a way for the Council to maintain a sense of how much time can be committed to any one item without going past an established ending time for the meeting.

8.6 Order of Agenda – Regular Meeting. The prescribed order of the agenda for Regular Meetings of the Council will be as follows: Roll Call, Pledge of Allegiance, Invocation, Public Comments on Items not on the Agenda, Conflict of Interest Notification, Informational Reports Consent Calendar, Presentations/Appointments, Public Hearings, General Business Items, City Council Reports, Mayor Report, City Manager/Executive Staff Reports, Public Comments, and Adjournment.

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72 Item 7 Attachment 2 8.7 Order of Agenda – Closed Session. The prescribed order of the agenda for a Special Meeting – Closed Session of the Council will be as follows: Roll Call, Conflict of Interest Notification, Closed Session, Closed Session Announcement, and Adjournment.

8.8 Change in Order of Business. The Mayor may decide to take matters listed on the agenda out of the prescribed order. Council Members shall be given the opportunity to ask questions about Consent Items for clarification without having them removed.

8.9 Agenda Request Policy. Requests for placement of items on the agenda can be submitted to the Mayor or City Manager at any time. The Mayor and City Manager will review the request and determine appropriate timing to bring the item forth.

Also, any member of the Council may request that an item be placed on a future agenda by indicating their desire to do so under the Council Member Report portion of the City Council agenda. The request will require the consensus of the Council to have the item brought back at a certain time versus at the pleasure of the Mayor or City Manager.

8.10 Presentations. Presentations are put on the agenda with concurrence of the Mayor or City Manager. The Mayor or City Manager will use their best judgment on scheduling presentations and recognitions. Time limits shall normally be 5 minutes. Presentations may be extended by special circumstances as needed. Exceptions can be made at the Mayor’s discretion.

To promote a proactive policy concerning state, regional and federal legislative issues, presentations shall include a periodic legislative update by the City Manager (or City Manager designee), to include information on important legislative issues and/or those matters that the City has a stated a position on during the Legislative Session

8.11 Proclamations. Requests for proclamations can be submitted to the Mayor at any time. Proclamations or Special Recognition are created at the Mayor’s full discretion.

The agenda will include Proclamations presented during the council meetings and a list provided of those for information purposes or presented outside of the meeting.

8.12 Redress. Agenda items for redress or reconsideration are expanded in Section 9.8.

Suisun City Council Norms & Procedures 18 73 Item 7 Attachment 2 SECTION 9. PROCEDURES FOR THE CONDUCT OF PUBLIC MEETINGS

9.1 Role of Mayor. (a) The Mayor shall be responsible for maintaining the order and decorum of meetings. It shall be the duty and responsibility of the Mayor to ensure that the rules of operation and decorum contained herein are observed. The Mayor shall maintain control of communication between Council Members and among Council, staff and public. The Mayor shall intervene when a Council Member, staff or other meeting participant is being verbally or otherwise attacked by a member of the public.

(b) Communication with Council Members: 1. Council Members shall request the floor from the Mayor before speaking.

2. When one member of the Council has the floor and is speaking, other Council Members shall not interrupt or otherwise disturb the speaker.

(c) Communication with members of the public addressing the Council on agendized items: 1. The Mayor shall open the floor for public comment as appropriate.

2. Council Members may question a person addressing the Council at the conclusion of the person’s comments or upon expiration of the person’s time to speak in order to gain additional information. At no point should Council Members engage in additional back and forth with members of the public.

3. Any staff member with an item on the agenda will be available to the City Council to answer questions arising during discussions between Council Members and among Council Members and members of the public.

4. Members of the public shall direct their questions and comments to the Council.

9.2 Rules of Order. The City Council shall follow the “spirit” of Rosenberg’s Rules of Order as a guide for the conduct of meetings, with the following modifications:

(a) A motion is not required prior to a general discussion on an agenda item. A pre-motion discussion allows the members to share their thoughts on the agendized item so that a motion can more easily be made that takes into account what appears to be the majority position.

(b) All motions require a second.

(c) A motion may be amended at the request of the maker and the consent of the person who seconded the motion. Such a procedure is often used to accommodate concerns expressed by other members.

Suisun City Council Norms & Procedures 19 74 Item 7 Attachment 2 (d) A motion to amend may still be used.

The Mayor has the discretion to impose reasonable rules at any particular meeting based upon facts and circumstances found at any particular meeting.

9.3 Appeal Procedures. Appellants shall be given the opportunity to speak first. Appellants and applicants responding to appeals may be given a total of up to 10 minutes each to present their positions to the City Council prior to hearing public comments. Appellants shall be given up to 5 minutes of rebuttal time after public comments are heard.

9.4 Applicants. Persons bringing to the City Council a request for approval shall be given a total of up to 10 minutes to present their positions/input prior to hearing public comments. An extension can only be granted by consent of a majority of the Council Members. Applicants shall be given up to 5 minutes of rebuttal time after public comments are heard.

9.5 Staff and Consultant Reports. In general, staff and consultant reports should be clear, brief and concise. Staff is to assume that the Council has read all materials submitted. Council shall be given an opportunity to ask questions of staff prior to hearing public comments.

9.6 Public Comment. (a) Persons present at meetings of the City Council may comment on individual items on the agenda at the time the items are scheduled to be heard. During Regular City Council meetings, comments may be offered on items not on the agenda under that portion of the agenda identified for Public Comment.

(b) The limit for speakers will be up to 3 minutes, depending on the number of speakers. Speakers are not allowed to delegate their time to another speaker. The Mayor may limit the time to be spent on an item and may continue the item, with the approval of the majority of the Council, to a future meeting at his/her discretion.

(c) Upon addressing the Council, each speaker is requested, but not required, to first state his/her name, whom they represent and/or city of residence.

(d) After the speaker has completed their remarks, the Mayor may direct the City Manager or City Attorney to briefly address the issues brought forth by the speaker. Council Members shall be respectful of the speakers and shall not enter into a debate with any member of the public nor discuss amongst themselves.

(e) All Council Members shall listen to all public discussion as part of the Council’s community responsibility. Individual Council Members should remain open-minded to informational comments made by the public.

Suisun City Council Norms & Procedures 20 75 Item 7 Attachment 2 (f) The Mayor has the right to ask a member of the public to step down if over the allotted time or if the speaker’s comments are not within the city’s jurisdiction.

9.7 Motions. It will be the practice of the City Council for the Mayor to provide Council Members an opportunity to ask questions of staff, comment on, and discuss any agendized item in order to help form a consensus before a motion is offered. After such discussion, the Mayor or any Council Member may make a motion. Before the motion can be considered or discussed, it must be seconded. Once a motion has been properly made and seconded, the Mayor shall open the matter to full discussion offering the first opportunity to speak to the moving party, and thereafter, to any Council Member recognized by the Mayor. Customarily, the Mayor will take the floor after all other Council Members have been given the opportunity to speak.

If a motion clearly contains divisible parts, any Council Member may request the Mayor or moving party divide the motion into separate motions to provide Council Members an opportunity for more specific consideration.

Tie Votes: Tie votes shall be lost motions. When all Council Members are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal, unless the Council takes other action to further consider the matter. If a tie vote results at a time when fewer than all members of the Council, who may legally participate in the matter are present, the matter shall be automatically continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council.

9.8 Reconsideration. (a) Request for reconsideration. 1. Request by a member of the public. Notwithstanding Rosenberg’s Rules of Order, a request for reconsideration may be made by a member of the public to the City Council at the next regular meeting of the City Council or at any intervening special meeting of the City Council.

2. Request by a member of the City Council. Only a member of the City Council who voted on the prevailing side may request reconsideration. The request may be made at the same meeting or at the next regular meeting of the City Council or at any intervening special meeting of the City Council.

3. The member of the public or City Council Member making the request should state orally or in writing the reason for the request, without dwelling on the specific details or setting forth various arguments.

(b) Motion to reconsider any Council action. 1. Reconsideration at the same meeting. A motion to reconsider an action taken by the City Council may be made at the same meeting at which the action was taken (including an adjourned or continued meeting). A motion to reconsider an action taken by the City Council may be made only by a Council Member who voted on the

Suisun City Council Norms & Procedures 21

76 Item 7 Attachment 2 prevailing side, but may be seconded by any Council Member and is debatable. The motion must be approved by a majority of the entire City Council.

2. Reconsideration at a subsequent meeting. If an intent to request a motion for reconsideration is communicated to the City Council prior to the deadline for posting the City Council meeting agenda, then the request for reconsideration may be agendized if support for said action exists in accordance with the Council Norms Section 10.8. Otherwise, no City Council discussion or action on a possible reconsideration may occur unless the item is appropriately added to the agenda pursuant to Government Code section 54954.2(b), which addresses adding items that are not listed on a posted agenda (urgency agenda item). At the time such motion for reconsideration is heard, testimony shall be limited to the facts giving rise to the motion.

(c) Effect of approval of motion. Upon approval of a motion to reconsider, and at such time as the matter is heard, the City Council shall only consider any new evidence or facts not presented previously with regard to the item or a claim of error in applying the facts.

If the motion to reconsider is made and approved at the same meeting at which the initial action was taken and all interested persons (including applicants, owners, supporters and opponents) are still present, the matter may be reconsidered at that meeting or at the next regular meeting or intervening special meeting (subject to the discretion of the maker of the motion) and no further public notice is required.

If the motion to reconsider is made and approved at the same meeting at which the initial action was taken but all interested persons are not still present, or if the motion is made and approved at the next regular meeting or intervening special meeting, the item shall be scheduled for consideration at the earliest feasible City Council meeting and shall be re-noticed in accordance with the Government Code, the City Municipal Code and the Council Norms and Procedures. The Clerk shall provide notice to all interested parties as soon as possible when a matter becomes the subject of a motion to reconsider.

9.9 Discussion. (a) The discussion and deliberations at meetings of the City Council are to secure the mature judgment of Council Members on proposals submitted for decision. This purpose is best served by the exchange of thought through discussion and debate.

To the extent possible, Council Members should disclose any ex parte communication prior to discussion on an item. Ex parte communications are those made in private between an interested party and an official in a decision making process.

Discussion and deliberation are regulated by these rules in order to assure every member a reasonable and equal opportunity to be heard.

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77 Item 7 Attachment 2 (b) Obtaining the floor for discussion.

After the Council has commented on an issue, and a motion has been stated to the Council and seconded, any member of the Council has a right to discuss it after obtaining the floor. The member obtains the floor by seeking recognition from the Mayor. A member who has been recognized should make their comments clear, brief and concise.

To encourage the full participation of all members of the Council, no member or members shall be permitted to monopolize the discussion of the question. If a Council Member has already spoken, other Council Members wishing to speak shall then be recognized. No Council Member shall be allowed to speak a second time until after all other Council Members have had an opportunity to speak.

(d) Relevancy of discussion.

All discussion must be relevant to the issue before the City Council. A Council Member is given the floor only for the purpose of discussing the pending question; discussion which departs is out of order. Council Members shall avoid repetition and strive to move the discussion along.

A motion, its nature, or consequences, may be attacked vigorously. It is never permissible to attack the motives, character, or personality of a member either directly or by innuendo or implication. It is the duty of the Mayor to instantly rule out of order any Council Member who engages in personal attacks. It is the motion, not its proposer, that is subject to debate.

Arguments, for or against a measure, should be stated as concisely as possible. It is the responsibility of each Council Member to maintain an open mind on all issues during discussion and deliberation.

It is not necessary for all City Council Members to speak or give their viewpoints if another Council Member has already addressed their concerns. Although issues with potential to be litigated or otherwise appealed should have comments by each Council Member on the record.

(e) Mayor’s duties during discussion.

The Mayor has the responsibility of controlling and expediting the discussion. A Council Member who has been recognized to speak on a question has a right to the undivided attention of the Council.

It is the duty of the Mayor to keep the subject clearly before the members, to rule out irrelevant discussion, and to restate the question whenever necessary.

Suisun City Council Norms & Procedures 23 78 Item 7 Attachment 2 9.10 Council Member Respect. At all times, Council Members in the minority on an issue shall respect the decision and authority of the majority.

9.11 Council and Staff Reports and Directions on Future Agenda Items. Council and staff reports at the end of Council meetings shall be limited to announcing Mayor- appointed Regional Board activities on which Council Members serve, City and City-sponsored activities and items which directly affect the City. Community groups may announce their activities during Public Comments at the beginning of Council meetings. Council Members should refrain from making personal comments, stating personal activities, or items that do not impact their role as a Council Member.

SECTION 10. CLOSED SESSIONS

10.1 Purpose. It is the policy of the City Council to conduct its business in public to the greatest extent possible. However, state law recognizes that, in certain circumstances, public discussion could potentially jeopardize the public interest, compromise the City’s position, and could cost the taxpayers of Suisun City financially. Therefore, closed sessions shall be held from time to time as allowed by law. The procedures for the conduct of these meetings shall be the same as for public meetings, except that the public will be excluded.

Prior to convening the closed session meeting, the Mayor shall publicly announce the closed session items and ask for public input regarding any items on the closed session agenda.

City Council Members shall keep all written materials and verbal information provided to them in closed session in complete confidence to insure that the City’s position is not compromised. No mention of information in these materials shall be made to anyone other than Council Members, the City Attorney or City Manager, except where authorized by a majority of the City Council.

10.2 Rule of Confidentiality. The City Council recognizes that breaches in confidentiality can severely prejudice the City’s position in litigation, labor relations and real estate negotiations. Further, breaches of confidentiality can create a climate of distrust among Council Members and can harm the Council’s ability to communicate openly in closed sessions, thereby impairing the Council’s ability to perform its official duties.

The City Council further recognizes that confidentiality of discussions and documents are at the core of a closed session. Confidentiality is essential if the closed session is to serve its purpose. Therefore, the City Council will adhere to a strict policy of confidentiality for closed sessions.

Suisun City Council Norms & Procedures 24 79 Item 7 Attachment 2 10.3 Breach of Rule of Confidentiality. No person who attends a closed session may disclose any statements, discussions, or documents used in a closed session except where specifically authorized by State law. Any authorized disclosure shall be in strict compliance with these rules and the Ralph M. Brown Act. Violation of this rule shall be considered a breach of this rule of confidentiality.

10.4 Agenda. The City Council agenda will contain a brief general description of the items to be discussed at the closed session, as required by law.

10.5 Permissible Topics. All closed sessions will be held in strict compliance with the Ralph M. Brown Act. The City Attorney, or his/her designee, will advise in advance on topics that may be discussed in a closed session.

10.6 Rules of Decorum.

(a) The same high standard of respect and decorum as apply to public meetings shall apply to closed sessions. There shall be courtesy, respect and tolerance for all viewpoints and for the right of Council Members to disagree. Council Members shall strive to make each other feel comfortable and safe to express their points of view. All Council Members have the right to insist upon strict adherence to this rule.

(b) Prior to a vote, the Mayor shall ensure that the motion is clearly stated and clearly understood by all Council Members.

(c) The Mayor shall keep the discussion moving forward so that debate and a vote can occur in the time allotted for the closed session. The Mayor will determine the order of debate in a fair manner.

10.7 Conduct of Meeting.

(a) The Mayor will call the closed session to order promptly at its scheduled time.

(b) The Mayor will keep discussion focused on the permissible topics.

(c) The use of handouts and visual aids such as charts is encouraged to focus debate and promote understanding of the topic. All such materials are strictly confidential.

(d) If the City Council in closed session has provided direction to City staff on proposed terms and conditions for any type of negotiations, whether it be related to property acquisitions or disposal, a proposed or pending claim or litigation, or employee negotiations, all contact with the other party will be through the designated City person(s) representing the City in the handling of the matter. A Council Member, not so designated by the Council, will not under any circumstances have any contact or discussion with the other

Suisun City Council Norms & Procedures 25 80 Item 7 Attachment 2 party or its representative concerning the matter which was discussed in the closed session, and will not communicate any discussions conducted in closed session to such party.

10.8 Public Disclosure After Final Action.

(a) The Ralph M. Brown Act requires that, as a body, the City Council make certain public disclosure of closed session decisions when those actions have become final. Accordingly, the City Council shall publicly report any final action taken in closed session, and the vote, including abstentions, at a publicly noticed meeting as follows:

1. Real Estate negotiations: After the agreement is final and accepted by the other party;

2. Litigation: After approval to defend or appeal a lawsuit or to initiate a lawsuit;

3. Settlement: After final settlement of litigation or claims;

4. Employees: Action taken to appoint or dismiss a Council-appointed employee;

5. Labor relations: After the Memorandum of Understanding is final and has been accepted by both parties.

(b) The report may be oral or written. The report will state only the action taken and the vote. Unless authorized by the majority of the City Council, the report will not state the debate or discussion that occurred. Except for the action taken and the vote, all closed session discussions will remain confidential.

SECTION 11. DECORUM

11.1 Council Members. Members of the City Council value and recognize the importance of the trust invested in them by the public to accomplish the business of the City. Council Members shall accord the utmost courtesy to each other, City employees, and the public appearing before the City Council. The City Manager or his/her designee shall act as the sergeant-at-arms.

11.2 City Employees. Members of the City staff shall observe the same rules of order and decorum applicable to the City Council. City staff shall act at all times in a business and professional manner towards Council Members and members of the public.

Suisun City Council Norms & Procedures 26 81 Item 7 Attachment 2 11.3 Public. Members of the public attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council. These Norms and Procedures shall apply to all City Council Meetings.

11.4 Noise in the Chambers. Noise emanating from the audience, whether expressing opposition or support within the Council Chambers or lobby area, which disrupts City Council meetings, shall not be permitted. All cell phones and other electronic devices shall be muted while in the chambers. Refusal is grounds for removal.

11.5 Removal. Any member of the public making personal, impertinent, and/or slanderous or profane remarks, or who becomes boisterous or belligerent while addressing the City Council, staff or general public, or while attending the City Council meeting and refuses to come to order at the direction of the Mayor/Presiding Officer, shall be removed from the Council Chambers by the Police Chief, or his/her designee, and may be barred from further attendance before the Council during that meeting.

Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demonstrations shall not be permitted by the Mayor/Presiding Officer. The Mayor/Presiding Officer may direct the Police Chief, or his/her designee, to remove such offenders from the room.

11.6 Dangerous Instruments. No person may enter the chambers of a legislative body as defined in Section 54852 of the Government Code of the State of California or any place were such legislative body is in session, with any firearm, weapon, or explosive device of any nature. The provisions of this section shall not apply to authorized peace officers or to those persons authorized by the Penal Code of the State to carry such weapons.

11.7 Prosecution. Aggravated cases shall be prosecuted on appropriate complaint signed by the Mayor/Presiding Officer. SECTION 12. ENFORCEMENT OF DECORUM

In extreme cases, such as when a meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals as provided for in this Policy, the Mayor/Presiding Officer may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session.

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 City Council from establishing a procedure for readmitting an

Suisun City Council Norms & Procedures 27 82 Item 7 Attachment 2 individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. SECTION 13. PUBLIC RELATIONS

13.1 City Spokesperson. The Mayor will serve as the general spokesperson for the City. When Council has not taken a position on an issue, neither the Mayor nor any Council Member will speak on behalf of the Council. In these situations, the Mayor or Council Member will use a phrase such as, “Council has not taken an official position, personally I think…”

13.2 Press Release. Any proposed Press Release may only use the City Seal and picture of the Council Member issuing such release if the subject matter pertains to official government business of Suisun City.

The group picture of the Council may only be used on a Press Release if the release is being issued on behalf of the entire Council. SECTION 14. MAYOR’S OFFICE

The opportunity to meet with a member of the public is an honor. It also creates an opportunity for our citizens to know that their elected officials are willing to listen and willing to act. There is a place for meeting over coffee or food, as some discussions are best had when “breaking bread.” However, some discussions should happen in a professional environment, free from distractions allowing for private discussion.

To help facilitate meetings with members of the public as a Council Member, the Mayor’s office is listed as a Resource Room in Outlook for advance scheduling.

Reach out to the Deputy City Clerk if you have questions regarding scheduling. SECTION 15. VIOLATIONS OF PROCEDURES

Nothing in these Norms and Procedures shall invalidate a properly noticed and acted upon action of the City Council in accordance with State Law.

This document shall remain in effect until modified by resolution of the City Council.

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84 Item 7 Attachment 3

SUISUN CITY COUNCIL: Mayor Lori Wilson Mayor Pro Tem Michael Segala Councilmember Jane Day Councilmember Wanda Williams Councilmember Anthony Adams

ORIGINAL ADOPTION: COUNCIL July 30, 2019 AMENDED: Norms & Procedures FEBRUARY 18, 2020

85 Item 7 Attachment 3 SUISUN CITY COUNCIL NORMS & PROCEDURES Table of Contents Section 1. GENERAL...... 4 1.1 Purpose...... 4 1.2 Code of Conduct...... 4 1.3 Decorum...... 4 1.4 Overview of Council responsibilities...... 4 1.5 Overview of City Manager responsibilities...... 5 1.6 Annual Review...... 6 1.7 Ralph M. Brown Act...... 6 SECTION 2. COUNCIL REORGANIZATION ...... 6 2.1 Mayor Pro Tem Selection Process...... 6 2.2 Duties of the Mayor Pro Tem/Vice Mayor ...... 6 2.3 Appointment of a Council Vacancy...... 7 SECTION 3. ADMINISTRATIVE MATTERS ...... 7 3.1 Attendance...... 7 3.2 Correspondence...... 7 3.3 Regional Boards, Committees and Ad Hocs ...... 8 3.4 Distribution of Information...... 8 3.5 Reimbursement...... 8 3.6 Ethics and Sexual Harassment Prevention & Education Training...... 9 3.7 City Seal...... 9 3.8 Use of City Email and Social Media...... 9 3.9 Compensation...... 10 SECTION 4. COUNCIL RELATIONSHIP WITH STAFF ...... 11 4.1 City Manager...... 11 4.2 Agenda Item Questions...... 11 4.3 Interaction of City Council with Staff...... 11 4.4 Individual Council Member’s Requests...... 11 SECTION 5. PROCEDURES FOR APPOINTMENTS TO BOARDS/COMMISSIONS/COMMITTEES ...... 12 5.1 Definitions...... 12 5.2 Recruitment Process...... 12 5.3 Requirement for Appointment...... 13

Suisun City Council Norms & Procedures 1 86 Item 7 Attachment 3 5.4 Council Notification...... 13 5.5 Incumbents...... 13 5.6 Application...... 14 5.7 Attendance...... 14 5.8 Norms and Procedures and Conflicts of Interest...... 14 5.9 Conflicts with Federal, State or Local Law...... 14 SECTION 6. MEETINGS ...... 14 6.1 Open to Public...... 14 6.2 Broadcasting of City Council Meetings...... 15 6.3 Regular Meetings...... 15 6.4 Cancelling Meetings...... 15 6.5 Special Meetings...... 15 6.6 Closed Sessions...... 15 6.7 Quorum...... 16 6.8 Minutes...... 16 6.9 Adjourned Meetings...... 16 SECTION 7. POSTING NOTICE AND AGENDA ...... 16 7.1 Posting of Notice and Agenda...... 16 7.2 Location of Posting...... 16 SECTION 8. AGENDA CONTENTS ...... 17 8.1 Mayor’s Responsibility...... 17 8.2 Description of Matters...... 17 8.3 Availability to the Public...... 17 8.4 Limitation to Act Only on Items on the Agenda...... 17 8.5 "Timing" of Agenda...... 17 8.6 Order of Agenda – Regular Meeting...... 17 8.7 Order of Agenda – Closed Session...... 18 8.8 Change in Order of Business...... 18 8.9 Agenda Request Policy...... 18 8.10 Presentations...... 18 8.11 Proclamations...... 18 8.12 Redress...... 18 SECTION 9. PROCEDURES FOR THE CONDUCT OF PUBLIC MEETINGS ...... 19 9.1 Role of Mayor...... 19

Suisun City Council Norms & Procedures 2

87 Item 7 Attachment 3 9.2 Rules of Order...... 19 9.3 Appeal Procedures...... 20 9.4 Applicants...... 20 9.5 Staff and Consultant Reports...... 20 9.6 Public Comment...... 20 9.7 Motions...... 21 9.8 Reconsideration...... 21 9.9 Discussion...... 22 9.10 Council Member Respect...... 24 9.11 Council and Staff Reports and Directions on Future Agenda Items...... 24 SECTION 10. CLOSED SESSIONS ...... 24 10.1 Purpose...... 24 10.2 Rule of Confidentiality...... 24 10.3 Breach of Rule of Confidentiality...... 25 10.4 Agenda...... 25 10.5 Permissible Topics...... 25 10.6 Rules of Decorum...... 25 10.7 Conduct of Meeting...... 25 10.8 Public Disclosure After Final Action...... 26 SECTION 11. DECORUM ...... 26 11.1 Council Members...... 26 11.2 City Employees...... 26 11.3 Public...... 27 11.4 Noise in the Chambers...... 27 11.5 Removal...... 27 11.6 Dangerous Instruments...... 27 11.7 Prosecution...... 27 SECTION 12. ENFORCEMENT OF DECORUM ...... 27 SECTION 13. PUBLIC RELATIONS ...... 28 13.1 City Spokesperson...... 28 13.2 Press Release...... 28 SECTION 14. MAYOR’S OFFICE ...... 28 SECTION 15. VIOLATIONS OF PROCEDURES ...... 28

Suisun City Council Norms & Procedures 3

88 Item 7 Attachment 3 SUISUN CITY COUNCIL NORMS & PROCEDURES Section 1. GENERAL

In the interest of promoting best practices in our local government as Municipal Legislators, this document will include operational procedures, policies, and practices.

This subject is expanded in Section 11.

Suisun City Council Norms & Procedures 4

89 Item 7 Attachment 3 separately elected officials to provide services for City residents. The City Council has the following duties and responsibilities:

The City Attorney’s annual review shall be at a format proposed by the Mayor and agreed upon by the Council informally.

The Mayor at his/her discretion may annually create an ad hoc to oversee annual review process and prepare a summary evaluation.

As the City’s Chief Executive Officer, the City Manager oversees: • Department heads and department operations • Budget development and fiscal management

Suisun City Council Norms & Procedures 5 90 Item 7 Attachment 3 • Policy implementation • Personnel administration and human resources • Labor relations • Intergovernmental relations • Service delivery • Elected official support • A variety of special projects and assignments

1.7 Ralph M. Brown Act. All conduct of the City Council, Commissions, Committees and Subcommittees shall be in full compliance with the Ralph M. Brown Act.

SECTION 2. COUNCIL REORGANIZATION

Suisun City Council Norms & Procedures 6 91 Item 7 Attachment 3

SECTION 3. ADMINISTRATIVE MATTERS

E-mails from Council Members should be respectful and professional. This form of correspondence is a public record subject to disclosure under the California Public Records Act.

Suisun City Council Norms & Procedures 7 92 Item 7 Attachment 3 3.3 Regional Boards, Committees and Ad Hocs The role of the Council on regional boards will vary depending on the nature of the appointment. Representing the interests of Suisun City is appropriate on some boards; this is generally the case when other local governments have their own representation. The positions taken by the appointed representatives are to be in alignment with the positions that the Council has taken on issues that directly impact Suisun City. If an issue should arise that is specific to Suisun City and the Council has not taken a position, the issue should be discussed by the Council prior to taking a formal position at a regional board meeting, to assure that it is in alignment with a majority of the Council’s position.

Council representatives to such various boards shall keep the Council informed of ongoing business through brief oral or written reports to the Council during properly posted Council meetings.

A list of these assignments are maintained by the Deputy City Clerk and will be distributed to the Council when updated.

Suisun City Council Norms & Procedures 8 93 Item 7 Attachment 3 Brief reports must be given on any outside meeting attended at the expense of the City at the next regular Council meeting.

Suisun City Council Norms & Procedures 9 94 Item 7 Attachment 3 campaign related activities. Nor is this policy intended to require public officials to provide privileged communications or documents to the City, or to waive any applicable privileges which may apply to documents purely because they have been turned over to the City in compliance with this policy.

Exception: Using City Accounts. Public officials may use non-City electronic devices when accessing an official City account (e.g. City email address, City-controlled social media account).

3.9 Compensation. Council members are compensated in accordance with California Government Code Sections 36516 and 36516.5. The amount is memorialized in the City’s Municipal Code.

Suisun City Council Norms & Procedures 10 95 Item 7 Attachment 3 SECTION 4. COUNCIL RELATIONSHIP WITH STAFF

Note: The foundation of a healthy and productive relationship between City Council and all City Staff is based on staying within the chain of command.

City Council Members shall not meet with groups of management employees for the purpose of discussing terms of employment or establishing employee policy.

Suisun City Council Norms & Procedures 11 96 Item 7 Attachment 3 Council meeting. Irrespective of the amount of staff time required to respond to each Council Member’s request, individual Council Member’s requests should be limited to no more than three to five requests per week.

SECTION 5. PROCEDURES FOR APPOINTMENTS TO BOARDS/COMMISSIONS/COMMITTEES

5.1 Definitions. (a) Task Force: A temporary grouping of individuals and resources for the accomplishment of a specific objective.

(b) Committee: A group of people officially delegated to perform a function, such as investigating, considering reporting, or acting on a matter.

(b) The City Clerk shall annually advertise in a newspaper and on the City’s website for applicants wishing to be considered for appointment to boards, commissions and committees.

Suisun City Council Norms & Procedures 12 97 Item 7 Attachment 3 (d) All persons seeking appointment to a City board, commission or committee shall complete and submit an application form to the City Clerk as set forth in Section 5.6. Applications shall be kept on file for two years in the City Clerk’s office and vacancies may be considered from applications on file, as well as new applications.

(e) If an unscheduled board or commission vacancy occurs during the year, the following steps should be taken to publicize vacancies on boards, commissions and committees:

(b) All persons appointed to City boards, commissions and committees shall complete and submit an application form to the City Clerk as set forth in Section 5.6.

(c) Except as provided by state or local statute, the appointee shall not be a current City employee or currently appointed to another City board, committee or commission.

5.4 Council Notification. By October 1 of each year, the City Clerk will notify the Mayor of expiring terms for members of those City boards, commissions, and committees.

(b) Any incumbent interested in re-appointment who has served two or more terms must apply for re-appointment as set forth in Section 5.6.

Suisun City Council Norms & Procedures 13

98 Item 7 Attachment 3 5.6 Application. Except as set forth in Section 5.5, all persons considered for appointment or re-appointment shall complete an application form. This application form must be received by the City Clerk by the required deadline.

5.7 Attendance. (a) Board, commission and committee members are expected to regularly attend and participate on their respective boards, committees and commissions.

(b) All absences should be reported to the Mayor in advance of missing the meeting.

(c) A board, commission or committee member whose attendance is less than seventy-five percent (75%) of the required meetings over a period of a year may be subject to removal at the discretion of the Mayor. Council will be notified of any actions taken.

(d) The Council may grant an approved leave of absence for a board, commission or committee member for such reasons as the Mayor determines appropriate. Council will be notified of any actions taken

5.8 Norms and Procedures and Conflicts of Interest. (a) Board, committee and commission members shall be expected to adhere to the Council Norms and Procedures.

(c) Members of City boards, commissions or committees may not use their board, commission or committee position title for political endorsements.

SECTION 6. MEETINGS

Suisun City Council Norms & Procedures 14

99 Item 7 Attachment 3 6.2 Broadcasting of City Council Meetings. All regular Council meetings shall be scheduled in the Council Chambers to allow for web streaming, unless the number of participants exceeds room capacity. The final decision shall be the responsibility of the Mayor.

The City Council shall convene its regular City Council meetings at 6:30 p.m. on the first and third Tuesday of each month.

Suisun City Council Norms & Procedures 15 100 Item 7 Attachment 3 6.7 Quorum. Three (3) members of the City Council shall constitute a quorum and shall be sufficient to transact business. If fewer than three Council Members appear at a regular meeting, the Mayor, Vice Mayor in the absence of the Mayor, any Council Member in the absence of the Mayor and Vice Mayor, or in the absence of all Council Members, the City Clerk or Deputy City Clerk, shall adjourn the meeting to a stated day and hour.

Suisun City Council Norms & Procedures 16 101 Item 7 Attachment 3 SECTION 8. AGENDA CONTENTS

As stated in Section 4.2, if a Council Member has a question on a subject, the Council Member should contact the City Manager prior to any meeting at which the subject may be discussed.

8.3 Availability to the Public. The agenda for any regular, special, or study session meeting, shall be made available to the general public as required by law.

8.4 Limitation to Act Only on Items on the Agenda. No action shall be taken by the City Council on any item not on the posted agenda, subject only to the exceptions listed below:

(a) Upon a majority determination that an “emergency situation” (as defined by State Law) exists; or

Suisun City Council Norms & Procedures 17 102 Item 7 Attachment 3 8.7 Order of Agenda – Closed Session. The prescribed order of the agenda for a Special Meeting – Closed Session of the Council will be as follows: Roll Call, Conflict of Interest Notification, Closed Session, Closed Session Announcement, and Adjournment.

8.11 Proclamations. Requests for proclamations can be submitted to the Mayor at any time. Proclamations or Special Recognition are created at the Mayor’s full discretion.

The agenda will include Proclamations presented during the council meetings and a list provided of those for information purposes or presented outside of the meeting.

8.12 Redress. Agenda items for redress or reconsideration are expanded in Section 9.8.

Suisun City Council Norms & Procedures 18 103 Item 7 Attachment 3 SECTION 9. PROCEDURES FOR THE CONDUCT OF PUBLIC MEETINGS

(b) Communication with Council Members: 1. Council Members shall request the floor from the Mayor before speaking.

2. When one member of the Council has the floor and is speaking, other Council Members shall not interrupt or otherwise disturb the speaker.

(c) Communication with members of the public addressing the Council on agendized items: 1. The Mayor shall open the floor for public comment as appropriate.

4. Members of the public shall direct their questions and comments to the Council.

9.2 Rules of Order. The City Council shall follow the “spirit” of Rosenberg’s Rules of Order as a guide for the conduct of meetings, with the following modifications:

(b) All motions require a second.

(c) A motion may be amended at the request of the maker and the consent of the person who seconded the motion. Such a procedure is often used to accommodate concerns expressed by other members.

Suisun City Council Norms & Procedures 19 104 Item 7 Attachment 3 (d) A motion to amend may still be used.

The Mayor has the discretion to impose reasonable rules at any particular meeting based upon facts and circumstances found at any particular meeting.

(c) Upon addressing the Council, each speaker is requested, but not required, to first state his/her name, whom they represent and/or city of residence.

Suisun City Council Norms & Procedures 20 105 Item 7 Attachment 3 (f) The Mayor has the right to ask a member of the public to step down if over the allotted time or if the speaker’s comments are not within the city’s jurisdiction.

Suisun City Council Norms & Procedures 21 106 Item 7 Attachment 3 prevailing side, but may be seconded by any Council Member and is debatable. The motion must be approved by a majority of the entire City Council.

Discussion and deliberation are regulated by these rules in order to assure every member a reasonable and equal opportunity to be heard.

Suisun City Council Norms & Procedures 22 107 Item 7 Attachment 3 (b) Obtaining the floor for discussion.

(d) Relevancy of discussion.

(e) Mayor’s duties during discussion.

The Mayor has the responsibility of controlling and expediting the discussion. A Council Member who has been recognized to speak on a question has a right to the undivided attention of the Council.

It is the duty of the Mayor to keep the subject clearly before the members, to rule out irrelevant discussion, and to restate the question whenever necessary.

Suisun City Council Norms & Procedures 23 108 Item 7 Attachment 3 9.10 Council Member Respect. At all times, Council Members in the minority on an issue shall respect the decision and authority of the majority.

SECTION 10. CLOSED SESSIONS

Prior to convening the closed session meeting, the Mayor shall publicly announce the closed session items and ask for public input regarding any items on the closed session agenda.

Suisun City Council Norms & Procedures 24 109 Item 7 Attachment 3 10.3 Breach of Rule of Confidentiality. No person who attends a closed session may disclose any statements, discussions, or documents used in a closed session except where specifically authorized by State law. Any authorized disclosure shall be in strict compliance with these rules and the Ralph M. Brown Act. Violation of this rule shall be considered a breach of this rule of confidentiality.

10.4 Agenda. The City Council agenda will contain a brief general description of the items to be discussed at the closed session, as required by law.

10.6 Rules of Decorum.

(b) Prior to a vote, the Mayor shall ensure that the motion is clearly stated and clearly understood by all Council Members.

(c) The Mayor shall keep the discussion moving forward so that debate and a vote can occur in the time allotted for the closed session. The Mayor will determine the order of debate in a fair manner.

10.7 Conduct of Meeting.

(a) The Mayor will call the closed session to order promptly at its scheduled time.

(b) The Mayor will keep discussion focused on the permissible topics.

(c) The use of handouts and visual aids such as charts is encouraged to focus debate and promote understanding of the topic. All such materials are strictly confidential.

Suisun City Council Norms & Procedures 25 110 Item 7 Attachment 3 party or its representative concerning the matter which was discussed in the closed session, and will not communicate any discussions conducted in closed session to such party.

10.8 Public Disclosure After Final Action.

1. Real Estate negotiations: After the agreement is final and accepted by the other party;

2. Litigation: After approval to defend or appeal a lawsuit or to initiate a lawsuit;

3. Settlement: After final settlement of litigation or claims;

4. Employees: Action taken to appoint or dismiss a Council-appointed employee;

5. Labor relations: After the Memorandum of Understanding is final and has been accepted by both parties.

SECTION 11. DECORUM

Suisun City Council Norms & Procedures 26 111 Item 7 Attachment 3 11.3 Public. Members of the public attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council. These Norms and Procedures shall apply to all City Council Meetings.

11.7 Prosecution. Aggravated cases shall be prosecuted on appropriate complaint signed by the Mayor/Presiding Officer. SECTION 12. ENFORCEMENT OF DECORUM

Suisun City Council Norms & Procedures 27 112 Item 7 Attachment 3 individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. SECTION 13. PUBLIC RELATIONS

The group picture of the Council may only be used on a Press Release if the release is being issued on behalf of the entire Council. SECTION 14. MAYOR’S OFFICE

To help facilitate meetings with members of the public as a Council Member, the Mayor’s office is listed as a Resource Room in Outlook for advance scheduling.

Reach out to the Deputy City Clerk if you have questions regarding scheduling. SECTION 15. VIOLATIONS OF PROCEDURES

Nothing in these Norms and Procedures shall invalidate a properly noticed and acted upon action of the City Council in accordance with State Law.

This document shall remain in effect until modified by resolution of the City Council.

Suisun City Council Norms & Procedures 28 113 THIS PAGE INTENTIONALLY LEFT BLANK

114 Suisun City, CA Code of Ordinances Page 1 of 1 Item 7 Attachment 4

2.20.040 - Terms, vacancies and removal.

Terms of office shall expire on January 5th in odd years. Terms shall be staggered with four of the commissioners' terms expiring on one odd year and the other three expiring two years later. Planning commissioners shall serve until a successor is appointed.

Vacancies on the commission shall be filled for the unexpired term by appointment of the mayor with city council approval.

Commissioners may be removed from the planning commission at any time by a majority vote of the city council.

(Ord. 644 § 1, 1998: Ord. 505 § 2, 1984: Ord. 268 § 4, 1955)

(Ord. No. 735, § 1, 10-20-2015; Ord. No. 760 , § 1, 6-4-2019)

Editor's note— Ord. No. 735, § 1, adopted October 20, 2015, amended § 2.20.040 to read as set out herein. Previously § 2.20.040 was titled "Terms."

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116 Item 8

AGENDA TRANSMITTAL

MEETING DATE: February 18, 2020 ______CITY AGENDA ITEM: FY 2019-20 Mid-Year Fiscal Review: a. Council Adoption of Resolution No. 2020-___: Adopting the 4th Amendment to the Annual Appropriation Resolution No. 2019-65 to Appropriate Mid-Year Budget Adjustments for Additional Costs in Various Accounts Organization Wide. ______FISCAL IMPACT: This is an informational report regarding the financial condition of the City’s General Fund and, as such, has no net fiscal impact. The corresponding Amendment to the Annual Appropriations Resolution (AAR) will appropriate available FY 2019-20 fund balances for emergency roof repairs; an emergency storm drain repair; engineering services for a roadway realignment study; increased anticipated revenues for additional Youth Camp services and Lambrecht Sports Complex supplies; and re-appropriate Measure S funds for the Annual Street Repair Program and the Public Safety Communications System. ______STRATEGIC PLAN IMPACT: Provide Good Governance, Section 4.1 – Review and update required planning and financial documents as needed. Ensure Fiscal Solvency, Section 5.9 – Commit to a balanced budget and prepare for recession. ______BACKGROUND: The City’s Financial Policies require a Mid-Year Budget Review each February to provide a trend analysis for General Fund revenues and expenses that compares assumptions made when the budget was adopted with actual figures from the first six months of the fiscal year. The update also includes recommended appropriations changes to address unforeseen budget developments, such as a new staffing need, a project timeline that has shifted, or an urgent capital improvement need that was identified. The Mid-Year update also provides a snapshot of current fiscal year trends to serve as a foundation to prepare the subsequent fiscal year budget, in this case FY 2020-21. The City entered Fiscal Year 2019-20 with significant challenges related to appropriate public safety staffing, limited ongoing revenue expansion and a backlog of infrastructure needs. By using limited duration Measure S funds and a major reimbursement from the Recognized Obligations Payment Schedule, the City Council adopted a balanced FY 2019-20 budget with funding dedicated to increasing Fire Department staffing, services and equipment, completing the ongoing Marina Dredge Project, upgrading the Public Safety Communications System, and repairing fire safety systems in key City facilities The City Manager and Administrative Services Department staff met with the City Council Budget Ad Hoc Committee on February 4, 2020, for a thorough budget review. The Ad Hoc Committee approved the Departmental budget adjustments contained in this report, and recommended the Mid-Year Fiscal Review be placed on the City Council’s consent calendar because of its status quo conclusions with the FY2019-20 Estimated General Fund Budget expected to be within 1% of the FY2019-20 Adopted General Fund Budget. As indicated below, additional meetings with the Council Budget Ad Hoc Committee and the Measure S Committee will be held during the spring to develop the FY2020-21 Budget.

PREPARED BY: Scott Corey, Senior Management Analyst REVIEWED BY: Joe Dingman, Administrative Services Director APPROVED BY: 117 Greg Folsom, City Manager Item 8

______STAFF REPORT: At Mid-Year, detailed revenue and expenditure figures are being refined but broad trends based upon actual experience over the first six months of the fiscal year can be identified. Staff primarily analyzed three elements in assessing the General Fund’s performance: 1. The amount carried over from the prior fiscal year, also called the Beginning Balance, 2. Projected revenues, and 3. Projected expenses. Based on current projections, the General Fund Ending Balance is expected to exceed the 20% Emergency Reserve level set in City Financial Policies by $750,300. The program changes recommended in this report and implemented with the Amendment to the Annual Appropriations Resolution, including re-appropriation of previously committed funds, are not expected to significantly alter the Ending Balance forecast. Here is a look at the component details: • The Ending Balance from FY 2018-19 was $487,700 more than the forecast used to set the FY 2019-20 Beginning Balance. Thus, the estimated beginning balance for FY 2019-20 has been revised to $4,070,400, which represents a 12% increase over the adopted budget amount of $3,582,700. • Total General Fund Resources (Beginning Balance plus Revenues) are projected to be $20,459,300, which is within 1% of the FY2019-20 budget amount of $20,548,600. While an anticipated reimbursing transfer from the Dredging Fund (F340) did not materialize, stronger than expected performance in the Beginning Balance, Local Taxes and the sale of land underlying Casa de Suisun nearly equaled the anticipated level. • FY 2019-20 Operating Expenses trended $839,600 less than expected, primarily due to year- to-date savings in personnel services. Recruitment trends in both the Fire and Police departments account for significant savings in both employee salaries and benefits. Overall, the General Fund (F10) is performing within 1% of the FY2019-20 Adopted Budget. As a result, Staff expects to deliver a balanced General Fund to end FY 2019-20. However, the current fiscal year is balanced with one-time funding, careful control of spending, deliberate personnel cost decisions, and unplanned turnover in the Police Department leading to significant salary and benefits savings. The City will need to strongly consider finding additional revenues in order to continue the level of services currently provided to city residents. City Manager Recommended Mid-Year Budget Adjustments The following proposed adjustments surfaced during the first six months of annual operations this year due to unexpected events and budgetary corrections. Currently appropriated resources and the increased Beginning Balance are available to accomplish the following budget modifications:

• Multiple Facility Roof Repairs – Appropriate FY 2019-20 Measure S Fund (F12) savings to reroof the flat-roof portions of Civic Center (City Hall and Police Department), and the entirety of the Fire Station, Harbor Theater, and Nelson Community Center with a durable foam roofing material to end troublesome leaking issues. These repairs have been put off and “Band-Aided” for too long and further delay will lead to even more costly repairs down the line. Approximate FY 2019-20 cost: $540,100. • Highway 12 Storm Drain Repair – Appropriate FY 2019-20 Measure S Fund (F12) savings to apply a pipe liner to repair a perforated storm drain running beneath Highway 12

118 Item 8

between Marina Boulevard and Village Drive. These storm lines are showing signs of potential failure such as was experienced with a minor incident last year that cost the City approximately $70,000. A failure of the storm drains under Highway 12 could be ten times this cost due to traffic controls and cause major traffic problems. Approximate FY 2019- 20 cost: $220,000. • Traffic Engineering Contracts – Appropriate Fund Balance in the Off-Site Street Improvement Program Fund [OSSIP] (F120) for feasibility studies for a future realignment of Railroad Avenue east of Sunset. Approximate non-General Fund FY2019-20 cost: $50,000. The Amended Appropriations Resolution before the Council appropriates funding for the Recommended Adjustments, and re-appropriates funds to align funding with projects previously approved by Council action, including $673,000 for the Annual Street Repair Program and $483,500 for the Public Safety Communications System. The resolutions can be amended to reflect Council decisions on specific items. FISCAL YEAR 2020-21 The Mid-Year Update also traditionally serves to launch the process to develop the subsequent budget, in this case for Fiscal Year 2020-21. Staff is aware of several significant areas to highlight headed into FY 2020-21: • Economic Conditions – Economists expect to see continued growth in the overall economy, including job creation and housing values, but at a slower rate than in prior years, according to the State’s Legislative Analyst’s Office. While the same expectation holds for California’s economy for FY2020-21, there are signs of higher than usual vulnerability to recessionary influences particularly as measured by the State Fiscal Health Index, which combines data points such as home prices, home sales, building permit activity, the stock market, car sales and claims for various types of public assistance. The Index has declined for several consecutive months ending calendar year 2019 resulting in overall concern regarding the relative strength of the economy. Because the City relies on economy-based revenues, such as property tax, sales taxes and fees for services, Staff would expect modest increases in these revenue streams assuming a recession does not occur. • Housing Market Activity – After declining in both number of sales and values of sales during 2018, the City’s housing market performance improved during 2019, resulting in an increased forecast of FY2019-20 property tax receipts. While the number of home sales increased modestly over the prior year, the value of the homes sold showed a marked increase. More robust activity in the local housing market would result in improved property tax receipts as well as an increased amount of Redevelopment Agency (RDA) Residual Property Tax for FY 2020-21. • Local Developments – Economic Development activity in the City has increased through 2019 and into 2020. Construction continues on the Holiday Inn Express, which is expected to open during FY2020-21, generating a new source of property taxes and transient occupancy tax. An agreement was struck to sell the Housing Authority land east of the Sunset Shopping Center moving it back onto the tax rolls, and allowing a new retail-based center to be developed, which would increase both property tax and sales-based taxes likely in FY 2021-22 at the earliest. The City also has received very strong interest in a new apartment/retail development in the Lawler Ranch commercial area near Crescent Elementary School that will contribute Development Impact Fees and increased property

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taxes in future years. Continued movement of former Redevelopment Agency parcels onto the tax rolls will increase property tax receipts and likely sales-related taxes in future years. • Marina Dredging – The Marina Dredging Project will be completed in FY2019-20 within the amount available in the Dredging Fund (F340), and with the assistance of a significant infusion of funds from the Recognized Obligations Payment Schedule (ROPS). While the City will not have to perform another such project until approximately 2028, it would be prudent to develop a financing plan as soon as possible to ensure sufficient funding. For FY2020-21, Staff is expecting approximately $1 million in General Fund revenue from the RDA Residual Property Tax. • Measure S Reset – FY2019-20 is the third full fiscal year during which the City has received Measure S Transactions and Use Tax proceeds. During that time, Staff has learned a significant amount about the dynamics of this new limited-term funding source, which is set to expire in FY2026-27. During its early years, Measure S proceeds have increasingly been used to support the addition of key staff, particularly within the Fire and Police Departments. Staff is anticipating a rebalance of ongoing expenses from Measure S Fund (012) to the General Fund (F010) to ensure stability in supporting recurring obligations. NEXT STEPS Staff is in the very early stages of developing the business plan for FY 2020-21. The following chart outlines key steps in the upcoming budget development process: EVENT DATE ACTIVITY FY2019-20 Mid-Year Update February 18 Update on current year budget status Budget Ad Hoc Early March Fiscal Model & FY2020-21 Budget prep Measure S Committee Mid-March CAFR, Meas. S & fiscal model updates Budget Requests Due March 26 Department requests submitted Budget Request Review Early April City Manager and Departments Measure S Committee Late April FY2020-21 Measure S spending plan Budget Ad Hoc Early May FY2020-21 Budget & Meas. S update FY 21 Budget Workshop May 19 Presentation of budget concept FY21 Budget Adoption June 16 Public Hearing and budget adoption ______RECOMMENDATION: It is recommended that the Council: 1. Council Adoption of Resolution No. 2019-___: Adopting the 4th Amendment to the Annual Appropriation Resolution No. 2018-68 to Appropriate Mid-Year Budget Adjustments for Additional Costs in Various Accounts Organization Wide. ______ATTACHMENTS: 1. Council Resolution No. 2019-___: Adopting the 4th Amendment to the Annual Appropriation Resolution No. 2018-68 to Appropriate Mid-Year Budget Adjustments for Additional Costs in Various Accounts Organization Wide. 2. Mid-Year Budget Informational Slides (Information Only, Not Presented).

120 Item 8 Attachment 1

RESOLUTION NO. 2019-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY ADOPTING THE 4th AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2019-65 TO APPROPRIATE MID-YEAR BUDGET ADJUSTMENTS FOR ADDITIONAL COSTS IN VARIOUS ACCOUNTS ORGANIZATION WIDE

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SUISUN CITY:

THAT Section 010 of Part III of the Annual Appropriation Resolution No. 2019-65 be and is hereby amended as follows:

Increase/ (Decrease)

TO: BUILDING & PUBLIC WORKS DEPARTMENT $ 540,100 Building & Public Works Administration, Building Inspection, Engineering, Landscape Maintenance, Building Maintenance

TO: RECREATION & COMMUNITY SERVICES DEPARTMENT $ 10,000 Recreation, Community Center, Senior Center

TOTAL Section 010 $ 550,100

THAT Section 012 of Part III of the Annual Appropriation Resolution No. 2019-65 be and is hereby amended as follows:

Increase/ (Decrease)

TO: ADMINISTRATIVE SERVICES DEPARTMENT $ 1,916,600 Measure S Interfund Transfers TOTAL Section 012$ 1,916,600

THAT Section 115 of Part III of the Annual Appropriation Resolution No. 2019-65 be and is hereby amended as follows:

Increase/ (Decrease)

TO: BUILDING & PUBLIC WORKS DEPARTMENT $ 673,000 Capital Improvements TOTAL Section 115$ 673,000

THAT Section 120 of Part III of the Annual Appropriation Resolution No. 2019-65 be and is hereby amended as follows:

Increase/ (Decrease)

TO: ADMINISTRATIVE SERVICES DEPARTMENT $ 50,000 Interfund Transfers TOTAL Section 120$ 50,000

THAT Section 190 of Part III of the Annual Appropriation Resolution No. 2019-65 be and is hereby amended as follows:

TO: BUILDING & PUBLIC WORKS DEPARTMENT $ 220,000

121 Item 8 Attachment 1 Storm Drain & Flood Control Maintenance TOTAL Section 190$ 220,000

THAT Section 312 of Part III of the Annual Appropriation Resolution No. 2019-65 be and is hereby amended as follows:

TO: BUILDING & PUBLIC WORKS DEPARTMENT $ 483,500 Capital Improvements TOTAL Section 312$ 483,500

THAT account titles and numbers requiring adjustment by this Resolution are as follows:

Sources Uses General Fund

Revenues: A/C No. 010-77510-8670 Recreation Program Fees$ (4,000) $ - A/C No. 010-75225-8680 Park Concesssions $ (6,000) $ - A/C No. 010-81012-1910 Transfer from Measure S Fund $ (540,100)

Appropriations: A/C No. 010-93140-3350 Major Facility Repairs $ - $ 540,100 A/C No. 010-91140-8670 Other Professional Services $ - $ 4,000 A/C No. 010-91435-8680 Field Supplies $ - $ 6,000

Total 010 Fund$ (550,100) $ 550,100

Sources Uses Measure S Fund

Revenues: A/C No. 012-70101 Fund Balance$ 1,916,600 $ -

Appropriations: A/C No. 012-85010-1912 Transfer to the General Fund $ - $ 540,100 A/C No. 012-85115-1912 Transfer to the Transportation Capital Projects Fund $ - $ 673,000 A/C No. 012-85190-1912 Transfer to the Storm Drain & Flood Channel Maintenance Fund $ - $ 220,000 A/C No. 012-85312-1912 Transfer to the Police Facilities & Equipment Fund $ - $ 483,500

Total 012 Fund$ 1,916,600 $ 1,916,600

Sources Uses Transportation Capital Projects Fund

Revenues: A/C No. 115-81012-9906 Transfer from Measure S Fund$ (673,000) $ -

Appropriations: A/C No. 115-96310-9906 CIP Construction $ - $ 673,000

Total 115 Fund$ (673,000) $ 673,000

Sources Uses Off-Site Street Improvement Program Fund

Revenues: A/C No. 120-70101 Fund Balance$ (50,000) $ -

Appropriations:

122 Item 8 Attachment 1 A/C No. 120-91120-6515 Engineering Services $ - $ 50,000

Total 120 Fund$ (50,000) $ 50,000

Sources Uses Storm Drain & Flood Channel Maintenance Fund

Revenues: A/C No. 190-81012-6315 Transfer from Measure S Fund$ (220,000) $ -

Appropriations: A/C No. 190-93140-6315 Major Facility Repairs $ - $ 220,000

Total 190 Fund$ (220,000) $ 220,000

Sources Uses Police Facilities & Equipment Fund

Revenues: A/C No. 312-81012-9992 Transfer from Measure S Fund$ (483,500) $ -

Appropriations: A/C No. 312-93121-9992 Field Equipment Over $5k $ - $ 483,500

Total 312 Fund$ (483,500) $ 483,500

THAT the purpose is to appropriate funds to make mid-year budget adjustments for additional costs in various citywide accounts.

ADOPTED AND PASSED at a regular meeting of the City Council of the City of Suisun City duly held on the 18th day of February, 2020 by the following vote:

AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS

WITNESS my hand and seal of the said City this 18th day of February 2020.

Linda Hobson, CMC City Clerk

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124 125

FY19-2020 MID-YEAR FISCAL UPDATE

February 18, 2020 Attachment 2 Item 8 CONSENT Item - Informational Only OVERVIEW

1. General Fund Performance 2. FY 19-20 Mid-Year City Manager Recommended Budget Adjustments

126 3. FY20-21 Fiscal Forecast 4. Next Steps Attachment 2

CONSENT Item - Informational Only Item 8 2 FY 19-20 GENERAL FUND OVERVIEW

Amended FY20 Vs. Percent Budget Item FY20 Budget Estimated Estimated Change Beginning $ 3,582,700 $ 4,070,400 $ 487,700 12% Balance

127 Revenues $16,965,900 $16,388,900 $(577,000) -3% Operating $16,288,300 $15,448,700 $(839,600) -5% Expenditures Non-Operating $1,113,600 $1,113,600 $0 0% Expenditures Ending Balance $3,146,700 $3,897,000 $750,300 24% Reserve 19% 25% 6% Attachment 2

CONSENT Item - Informational Only Item 8 3 Recommended City Manager Budget Adjustments

Recommended Modifications  Deferred Maintenance (Multiple Facility Roof repairs) - $540,100 (FY20 Measure S savings)  HWY 12 Storm Drain Repair - $220,000 (FY20 Measure S savings)  Public Works Fehr & Peers Contract - $50,000 (OSSIP Funds, Fund 120) 128  Total: $810,100 **No impact to General Fund Ending Balance Attachment 2

CONSENT Item - Informational Only Item 8 4 FY 20-21 Fiscal Forecast  Economic Conditions  Continued (albeit slow) growth into FY2021  State Fiscal Health Index (home prices/sales, stock market, car sales, etc.) slowed at the end of 2019

129  Suisun City: expected modest increase in revenue  Housing Market Activity  2019: Sales & Values improved over 2018 and expected to continue into 2020/FY2021.  Local Development Projects  Holiday Inn Express to open in FY21

 Potential new development in Lawler Ranch Attachment 2

CONSENT Item - Informational Only Item 8 5 NEXT STEPS…

1. Mid-Year Budget Presentation (Feb 18, 2020) 2. Budget Ad Hoc (Early March) - refreshed Fiscal Model & FY 21 Budget Prep 130 3. Measure S Committee (Mid-March) – CAFR presentation, Measure S Update, Fiscal Model 4. Measure S Committee (Early May 2020) – FY21 Measure S Spending Plan 5. Budget Ad Hoc (Early May) – FY21 Update & Measure S Update 6. FY21 Budget Workshop (May 19, 2020) 7. FY21 Budget Adoption (June 16, 2020) Attachment 2

CONSENT Item - Informational Only Item 8 6 Staff Recommendation It is recommended that the Council: 1. Adopt Resolution No. 2019-___: Adopting the 4th Amendment to the Annual Appropriation Resolution No. 2019-65 to Appropriate Mid-Year Budget Adjustments for 131 Additional Costs in Various Accounts Organization Wide. Attachment 2

CONSENT Item - Informational Only Item 8 7 132 QUESTIONS Attachment 2

CONSENT Item - Informational Only Item 8 Item 10

AGENDA TRANSMITTAL

MEETING DATE: February 18, 2020

CITY AGENDA ITEM: Council Introduction and Waive Reading of Ordinance No. ___: Repealing and Replacing Section 18.36.070 of Title 18 of the Suisun City Code and Amending the Waterfront District Specific Plan, Relating to Regulations for Front, Rear, and Side Yard Areas of Residential Properties.

FISCAL IMPACT: There is no anticipated fiscal impact associated with this item.

STRATEGIC PLAN IMPACT: Provide Good Governance and Enhance Environment

BACKGROUND: By way of background, staff has summarized key meetings on this topic since the original urgency measure was adopted March 21, 2017 (see below). These meeting include Planning Commission meetings, City Council meetings, and an Ad Hoc meeting.

• Original Urgency Measures - The City Council adopted Interim Urgency Ordinance No. 746 on January 16, 2018 which put an immediate limitation on the amount of paving in residential front yards until the Zoning Code could be amended to include these provisions. The ordinance was extended by the City Council through Interim Urgency Ordinance No. 747 on February 20, 2018. The urgency ordinance expired prior to amendment to Title 18 of the Suisun City Code being acted upon.

• March 19, 2019 - The City Council held a public hearing to consider an ordinance which would amend both Chapter 18.36.070 of the Suisun City Code and the Waterfront District Specific Plan regarding residential yards, prohibited activities in driveways and landscaping and maintenance provisions. The City Council took staff’s presentation, asked some clarifying questions, opened and closed the Public Hearing, and continued the item to the April 2, 2019 meeting.

• April 2, 2019 City Council Meeting - The City Council took public comments and discussed the issues raised. A majority of the issues raised by the Public were centered on the regulation of Recreational Vehicles (including boats) on residential properties. Following discussion, the City Council chose to form an Ad Hoc Committee consisting of two City Councilmembers and three Planning Commissioners. The Ad Hoc was formed specifically to look at the definition of “Recreational Vehicle” and section C.3 “Vehicle Storage” of the draft ordinance.

______PREPARED BY: John Kearns, Senior Planner REVIEWED/APPROVED BY: Greg Folsom, City Manager

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• April 24, 2019 Ad Hoc Meeting - The Ad Hoc Committee met on Wednesday April 24 at City Hall. Although an official head count was not determined, there were approximately 70 people in attendance. The focus of the Ad Hoc was to look at and discuss the definition of “Recreational Vehicle” and the “Vehicle Storage” provisions of Section 18.36.070.C.3 and did not focus on the remainder of the proposed ordinance including yards, landscaping and maintenance provisions. The Ad Hoc consisted of Mayor Pro-Tem Segala, Councilmember Adams, Planning Commission Chairperson Clemente, Commissioner Borja, and Commissioner Thomas. The meeting was led by the City Manager with participation from Development Services staff and although the presentation was directed toward the Ad Hoc, those in attendance were afforded opportunities to participate and address the Ad Hoc Committee. At the conclusion of the meeting, a majority of the committee provided a list of recommendations to be forwarded to the City Council.

• May 14, 2019 City Council Meeting and Urgency Measures - At the May 14 City Council Public Hearing, staff presented the list of recommendations from the April 24 Ad Hoc Committee. Staff also went through the proposed ordinance line by line as the City Council discussed each of the points. At the conclusion of the public hearing, the City Council directed the ordinance to go back to the Planning Commission for more discussion before returning to the City Council for consideration. The City Council took specific care to clearly distinguish between what their direction was versus what they would like the Planning Commission to discuss. At the same meeting, the City Council adopted Ordinance No. 758, which placed a 45-day urgency measure relative to paving residential front yards. The City Council subsequently extended the Urgency Interim Ordinance for 10 months and 15 days at their June 18, 2019 meeting.

• June 11, 2019 Planning Commission Workshop - As a result of the City Council’s direction from May 14, the Planning Commission was asked to hold a workshop to discuss the proposed ordinance and to take any Public Comments from interested parties. At the June 11 workshop, the Planning Commission took 15 public comments and accepted 3 written comments. At the conclusion of the meeting, the Commission chose to schedule a second workshop on July 9 in which the Commission would provide direction to staff on suggested language for the ordinance. This would then lead to a Public Hearing in which the Commission would formally make their recommendation to the City Council.

• July 9, 2019 Planning Commission Workshop - A second workshop was held on July 9 in which staff asked the Planning Commission six questions in order to direct changes to the proposed ordinance. Below is a list of those questions and the direction provided by the Planning Commission. Some additional discussion ensued amongst the Commissioners and the public was granted the opportunity to address the Commission on each of these items. At the conclusion of the workshop, the Planning Commission asked that a public hearing be set for September 24 for the Commission to make a recommendation to the City Council.

134 Item 10

• September 24, 2019 Planning Commission Public Hearing – The Planning Commission held a public hearing on September 24, 2019 to consider making a recommendation to the City Council on the proposed ordinance. Recommended changes from the Planning Commission can be found under the Staff Report section of this staff report. At the conclusion of the Public Hearing, the Commission adopted a resolution recommending the City Council adopt the subject ordinance.

Following the Planning Commission’s action on September 24, staff posted the ordinance with amendments and requested any public comment prior to the item being heard by the City Council in early 2020. Since the Planning Commission action, staff received one comment which is attached to this staff report.

On February 4, 2020, the City Council held a public hearing to consider the ordinance. At the hearing, the City Council took staff’s presentation, asked clarifying questions and opened the public hearing including taking public comment. The City Council continued the public hearing to a date uncertain. Staff subsequently noticed a public hearing for tonight.

STAFF REPORT: As noted in the Background section of this staff report, this ordinance has gone through a thorough an extensive process to get to its current form. Below, staff will point out the specific amendments the Planning Commission recommended and some context to why the changes are proposed. Revisions to the proposed ordinance are shown in strikethrough (removed language) and underline (proposed added language). Additionally, the amendments are shown in red color in the actual ordinance for clarity. Lastly, staff has provided a clean version of the ordinance for reference as well.

• Within definitions: o “Hardscaped area” means an area covered with semi-permeable or impermeable materials such as brick, pavers, or concrete. “Hardscaped area” does not include asphalt paving (asphalt, decomposed granite, and gravel are not permitted). • Under Regulations and Standards: o The regulation for “driveways” (formerly Section C.1.ii) was removed as the Commission felt it was too confusing and already addressed previously in the ordinance. o Section C.1.iv was amended to read: Property owners must maintain all landscape on their property in such a way to allow for unobstructed passage of pedestrian and vehicular traffic. The Commission felt this change provided a proper clarification. o Section C.1.viii was amended to read: One tree shall be required for each residential property, any tree removed must be replaced; this requirement applied only to on all new developments constructed after the effective date of this section. The Commission did not want to burden existing residences by requiring a tree be planted to come into compliance. o Section C.2.iii was amended to read: Property owners must maintain all landscape on their property in such a way to allow for unobstructed passage of pedestrian

135 Item 10

and vehicular traffic. The Commission felt this change provided a proper clarification. o Section C.3.iii (4) was amended to read: In no case shall power cords or other connection(s) to the property cross a sidewalk or public right of way to prevent any tripping hazards, as to comply with the Americans with Disabilities Act. This change provides a necessary connection to federal law. o Under Section 6.2.3.D “Maintenance of Structures and Premises of the Waterfront District Specific Plan the following change was proposed: All property owners in a residential district shall have an obligation to maintain structures and premises in good repair. Structures and premises in good repair shall present no material deviation in apparent condition from surrounding neighboring structures in compliance with the provisions of this Plan. Good repair includes and is defined as the level of maintenance that ensures the continued availability of the structure and premises for a lawfully permitted use and prevents deterioration, dilapidation, and decay of the exterior portions of the structure and premises, such as lack of paint, peeling, chipping, crumbling, breakage, accumulation of dirt and/or similar evidence. This is not intended to preclude normal construction activities in conjunction with a valid building permit, provided that the completion of such activities is diligently pursued in accordance with the standards of the Building Code. The Commission felt this was a proper change to clarify the intent of the original proposed amendment.

It is important for the City Council to note that Urgency Ordinance No. 762 expires on May 13, 2020 and thus would leave another void in enforcing the provisions that this proposed ordinance is attempting to mitigate including over pavement of a residential front yard.

Discussion of Attachments Staff has included four attachments to this staff report:

1. A clean version of the proposed ordinance. 2. A redlined version of the proposed ordinance clearly reflecting the Planning Commission’s recommended amendments. 3. Ordinance No. 762 which extended the moratorium on paving of more than sixty percent of residential front yards for an additional 10 months and 15 days. 4. Planning Commission Resolution PC 19-08 recommending City Council adopt the ordinance was its recommended changes. 5. Comment received December 3, 2019 via U.S. mail regarding the draft ordinance. 6. PowerPoint Presentation which summarizes the agenda item including the timeline the ordinance has taken.

RECOMMENDATION: At the February 4th, 2020 Council meeting, staff gave a presentation on this item, Council asked follow up questions, and the Mayor opened the public hearing and received public comment. Due to time issues with another item on the agenda, this item was continued to a future meeting. The PowerPoint presentation is included for reference, but staff does not intend to present it again unless requested by Council.

136 Item 10

It is recommended that the City Council:

1. Open the Public Hearing; 2. Take any public comments; 3. Close Public Hearing; and 4. Introduce and Waive Reading of Ordinance No. ____: Repealing and Replacing Section 18.36.070 of Title 18 of the Suisun City Code and Amending the Waterfront District Specific Plan, Relating to Regulations for Front, Rear, and Side Yard Areas of Residential Properties.

ATTACHMENTS: 1. Ordinance No. ___: An Ordinance of the City Council of the City of Suisun City, California, Repealing and Replacing Section 18.36.070 of Title 18 of the Suisun City Code and Amending the Waterfront District Specific Plan, Relating to Regulations for Front, Rear, and Side Yard Areas of Residential Properties (clean version). 2. Ordinance No. ___: An Ordinance of the City Council of the City of Suisun City, California, Repealing and Replacing Section 18.36.070 of Title 18 of the Suisun City Code and Amending the Waterfront District Specific Plan, Relating to Regulations for Front, Rear, and Side Yard Areas of Residential Properties (redlined version). 3. Ordinance No. 762. 4. Planning Commission Resolution No. PC19-08. 5. Comment received December 3, 2019 via U.S. mail. 6. PowerPoint Presentation.

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138 Item 10 Attachment 1

ORDINANCE NO. 1 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY, CALIFORNIA, REPEALING AND REPLACING SECTION 18.36.070 3 OF TITLE 18 OF THE SUISUN CITY CODE AND AMENDING THE WATERFRONT DISTRICT SPECIFIC PLAN, RELATING TO 4 REGULATIONS FOR FRONT, REAR, AND SIDE YARD AREAS OF 5 RESIDENTIAL PROPERTIES

6 WHEREAS¸ This Ordinance is intended to preserve the residential character of 7 streetscapes in the city's neighborhoods and minimize excess storm water runoff from residential properties; and 8 WHEREAS, the unregulated expansion of paved parking areas in front, rear, and side 9 yards interferes with the pattern of building and open areas within neighborhoods, and can increase vehicle clutter by creating small parking lots in yard areas which are intended to remain 10 as open and/or landscaped areas; and 11 WHEREAS, excessive paving of front, rear, and side yard areas have a negative impact upon the character and appearance of the City’s neighborhoods; and 12 WHEREAS, the paving of front, rear, and side yard areas to add additional parking will 13 potentially have impacts upon the walkability of the City’s neighborhoods, because of the likely proliferation of curb cuts which reduce the number of available on-street parking spaces in the 14 City’s neighborhoods; and 15 WHEREAS, paving of front, rear, and side yards would potentially result in hazardous conditions on a residential property in that it could negatively impact the City’s storm water 16 management system such that a much higher amount of water runoff from such properties 17 would negatively affect the City’s storm water management system; and 18 WHEREAS, paving of front, rear, and side yards could result in potentially high amounts of runoff from such a property where such runoff could cause harm to adjoining 19 properties; and 20 WHEREAS, paving of front, rear, and side yards would create visual blight by eliminating green space in the City’s neighborhoods; and 21 WHEREAS, paving of front, rear, and side yards would create substantial aesthetic 22 conflicts that may result in decreased property values for adjoining properties; and 23 WHEREAS, paving of front, rear, and side yards would result in potentially changing the use of residential properties, and it would result in less green space within the City; and 24 WHEREAS, the Planning Commission of the City of Suisun City did hold a duly 25 noticed public hearing on December 18, 2018 and, following discussion, consideration and public comment, decided to form an Ad Hoc Committee and have a new Public Hearing noticed 26 for a future date; and 27 WHEREAS, the Planning Commission of the City of Suisun City did hold a duly noticed public hearing on January 29, 2019 and, following discussion, consideration and public 28 comment, voted in favor of recommending that the City Council adopt this Ordinance; and

139 Item 10 Attachment 1

WHEREAS, the City Council of the City of Suisun City did hold a duly noticed public 1 hearing on March 19, 2019 and subsequently continued to April 2, 2019; and 2 WHEREAS, an Ad Hoc Committee of both the Planning Commission and City Council was held on April 24, 2019 and at the conclusion recommendations were made to the City 3 Council; and 4 WHEREAS, the City Council held a Public Hearing on May 14 and at the conclusion directed the item back to the Planning Commission to work through the draft ordinance; and 5 WHEREAS, the City Council held a Public Hearing on May 14 to adopt an Urgency 6 Interim Ordinance on front yard paving which was subsequently extended by the City Council at a Public Hearing on June 18; and 7 WHEREAS, the Planning Commission of the City of Suisun City did hold two public 8 workshops on June 11 and July 9, 2019; and 9 WHEREAS, the Planning Commission of the City of Suisun City did hold a duly noticed public hearing on September 24, 2019 and, following discussion, consideration and 10 public comment, voted in favor of recommending that the City Council adopt this Ordinance; 11 and 12 WHEREAS, the Suisun City Council did hold a duly noticed public hearing on February 4, 2020 and took comments from all interested parties on the subject; and 13 WHEREAS, all legal pre-requisites to adopt this Ordinance have occurred; and 14 WHEREAS, as provided in this Ordinance, the City Council now desires to repeal and replace Section 18.36.070 of Title 18 of the Suisun City Municipal Code and the Waterfront 15 District Specific Plan as provided in this Ordinance. 16 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUISUN CITY, 17 CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. RECITALS. 18 The recitals set forth above are all true and correct and are incorporated herein. 19 SECTION 2. SECTION 18.36.070, “PROHIBITED ACTIVITIES IN FRONT 20 AND STREET SIDE YARDS,” OF CHAPTER 18.36 OF TITLE 18 OF THE SUISUN CITY CODE IS HEREBY REPEALED AND REPLACED AS FOLLOWS: 21 “Section 18.36.070 - Prohibited activities in front, rear, and side yards of residential 22 properties. 23 A. Definitions. For the purposes of this Section, words shall have the same definitions as provided in Chapter 18.04 of Title 18 of the Suisun City Municipal Code, except as follows: 24 1. “Landscaped area” means a water-permeable area maintained to present an 25 attractive, well-kept appearance. A “landscaped area” may consist of any combination of living plants (shrubbery, grass, trees, etc.) with or without a 26 layer at least two inches deep of materials such as decorative bark or 27 decorative stones with a permeable subterranean weed barrier. However, a “landscaped area,” does not include dead plants, bare soil without plants, or 28 bare soil with cut weeds. Further, “landscaped area” does not include asphalt

Ordinance No. Adopted Page 2 of 7 140 Item 10 Attachment 1

or hardscape materials (such as pavers, bricks, and other hard surfaces), 1 regardless of permeability. 2 2. “Hardscaped area” means an area covered with semi-permeable or impermeable materials such as brick, pavers, or concrete. “Hardscaped area” 3 does not include asphalt paving (asphalt, decomposed granite, and gravel are 4 not permitted). 3. “Weeds” mean plants that are out of place or not deliberately planted by the 5 property owner. 6 4. “Recreational vehicles” mean recreational vehicles (RVs), including but not limited to motor homes, truck campers, travel trailers, fifth-wheel and pull- 7 behind trailers, all-terrain vehicles, snowmobiles, jet skis, boats, and boat 8 trailers. 9 5. “Chain link fencing” means a fence, usually made of metal, which consists of wire loops interconnected into a series of joined links. 10 6. “Driveway” means a paved portion of a private street providing an 11 unobstructed passage from the roadway to an off-street area used for driving, servicing, parking, or otherwise accommodating motor vehicles. 12 B. Purpose and Applicability. 13 1. The requirements specified in this Section are intended to preserve the 14 residential character of streetscapes in the city's neighborhoods and to minimize excess storm water runoff as follows: 15 i. The unregulated expansion of paved parking areas in front, rear, and 16 side yards interfere with the pattern of building and open areas within neighborhoods and can increase vehicle clutter by creating small 17 parking lots in yard areas which are intended to remain as open areas 18 and green spaces. Excessive paving of yard areas can negatively impact the character and appearance of residential areas. Paving yard 19 areas to add additional parking can result in the proliferation of curb cuts that can have the effect of reducing the number of on-street 20 parking spaces available this also impacts the walkability of a 21 neighborhood. ii. The paving of front, rear, and side yards would potentially result in 22 hazardous conditions on a residential property in that it could 23 negatively impact the City’s storm water management system such that a much higher amount of water runoff from such properties 24 would negatively affect the City’s storm water management system. 25 iii. The paving of front, rear, and side yards would result in potentially high amounts of runoff from such a property where such runoff could 26 cause harm to adjoining properties. 27 iv. The paving of front, rear, and side yards would create visual blight by eliminating green space in the City’s neighborhoods. 28

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v. The paving of front, rear, and side yards would provide substantial 1 aesthetic conflicts that may possibly result in decreased property values for adjoining properties, 2 vi. The paving would result in potentially changing the use of residential 3 properties, and it would result in less green space within the City. 4 2. The requirements in this Section shall apply to all residential properties and lots. 5 C. Regulations and Standards 6 1. Front Yard. 7 i. Walkways and other Hardscaped Areas. The amount of paved 8 walkways and hardscaped area, including but not limited to driveways, shall not exceed sixty percent of the front yard area. 9 ii. Landscaping. For all residential properties, the front yard area other 10 than paved walkways and hardscape shall consist of a landscaped area. Property owners must maintain all landscape on their property 11 in such a way to allow for unobstructed passage of pedestrian and 12 vehicular traffic. iii. Landscaped areas must be consistent with Chapters 8.12 and 8.13, as 13 applicable, of the Suisun City Code. 14 iv. Chain link fencing shall not be constructed and located such that such fencing is visible from public roads or alleyways. All chain link 15 fencing constructed before the effective date of this Section are 16 considered legal non-conforming. Chain link fencing that is damaged shall be replaced with conforming fencing pursuant to Title 18 of the 17 Suisun City Code. 18 v. No front yard driveway will be permitted without the approval and issuance of an encroachment permit from the Public Works Director 19 of Suisun City (if applicable) and design review and approval from 20 the Planning Division. 21 vi. One tree shall be required for each residential property on all new developments constructed after the effective date of this section. 22 vii. An accessory building shall only be located on the rear fifty percent 23 of a residential lot and must be consistent with Table 18.31.01 Development Standards in Residential Zones, as applicable, of the 24 Suisun City Code. 25 2. Rear / Side Yard. 26 i. Walkways and other Hardscaped Areas. For all residential properties and lots, the amount of paved walkways and hardscape in rear and 27 side yard areas of a property that are visible from public spaces shall 28 not exceed sixty percent of the combined visible rear and side yard

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area. “Public spaces” includes, but is not limited to, streets, 1 alleyways, public utility and access easements, and parks. 2 ii. Landscaping. All parts of rear and side yards that are not paved walkways or hardscape and that are visible from public spaces shall 3 consist of landscaped area. 4 iii. Property owners must maintain all landscape on their property in 5 such a way to allow for unobstructed passage of pedestrian and vehicular traffic. 6 iv. Landscaped areas must be consistent with Chapters 8.12 and 8.13, as 7 applicable, of the Suisun City Code. 8 v. No side yard or rear yard driveway will be permitted without the approval and issuance of an encroachment permit from the Public 9 Works Director of Suisun City (if applicable) and design review approval from the Planning Division. 10 3. Vehicle Storage. 11 i. Driveway location and width shall be in accordance with the latest 12 edition of the City of Suisun City Engineering Standards specifications. 13 ii. All vehicles, including recreational vehicles, shall be parked, stored or 14 kept on a driveway being consistent with Chapter 8.12, as applicable, of the Suisun City Code. 15 iii. If a recreational vehicle is parked or stored on a residential property 16 recreational vehicles must be parked on an approved driveway, and meet the following requirements if parked on a front or side yard visible to the 17 public: 18 (1) Recreational vehicles shall not impede the public right of way; 19 (2) If recreational vehicle is covered it must be with a snug fitting 20 material free of damage and the covering must be secured so as to not come off in a storm; 21 (3) In no case shall power cords or other connection(s) to the 22 property cross a sidewalk or public right of way to prevent any tripping hazards, as to comply with the Americans with 23 Disabilities Act. 24 iv. The following activities are prohibited on any driveway governed by this Section: 25 (1) The parking, storing, or keeping for a period of time greater than 26 seventy-two consecutive hours of any household appliance, 27 equipment, furniture, construction equipment, machinery, airplane or aircraft, and materials other than that temporarily used 28

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or stored during the improvement of the lot and any associated 1 structures or facilities; 2 (2) The parking, storing or keeping of a motor vehicle not registered with the Department of Motor Vehicles in any such area of the 3 driveway, or is visible to the public; 4 (3) The wrecking, dismantling, disassembling, manufacturing, 5 fabricating, building, remodeling, assembling, repairing, painting, washing, cleaning or servicing in any such area of any 6 motor vehicle, boat, trailer, recreational vehicle, airplane or aircraft, machinery, equipment, appliance or appliances, 7 furniture or other personal property, excepting the repairing, 8 washing, cleaning or servicing by an owner, lessee, or occupant of the lot, for a period exceeding 72 hours.” 9 SECTION 3. THE WATERFRONT DISTRICT SPECIFIC PLAN IS HEREBY 10 AMENDED AS FOLLOWS: 11 Section 6.2.3.C. Landscaping

12 6. All residential yards shall be subject to the standards set forth in Section 18.36.070 of the 13 Suisun City Code, at a minimum. Additional standards may be adopted by the Suisun City Council for specific unique neighborhoods that require special care and regulation. 14 Section 6.2.3.D Maintenance of Structures and Premises 15 All property owners in a residential district shall have an obligation to maintain structures and 16 premises in good repair. Structures and premises in good repair shall present no material deviation in apparent condition from neighboring structures in compliance with the provisions 17 of this Plan. Good repair includes and is defined as the level of maintenance that ensures the 18 continued availability of the structure and premises for a lawfully permitted use and prevents deterioration, dilapidation, and decay of the exterior portions of the structure and premises, such 19 as lack of paint, peeling, chipping, crumbling, breakage, accumulation of dirt and/or similar 20 evidence. This is not intended to preclude normal construction activities in conjunction with a valid building permit, provided that the completion of such activities is diligently pursued in 21 accordance with the standards of the Building Code. 22 SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any 23 court of competent jurisdiction, such decision shall not affect the validity of the remaining 24 portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective 25 of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions 26 thereof may be declared invalid or unconstitutional. SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) 27 days after its passage. 28

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SECTION 5. CERTIFICATION. The City Clerk shall certify to the adoption of this 1 ordinance, and shall cause the same to be posted and codified in the manner required by law. 2 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Suisun City, California, on this 18th day of February 2020. 3 4 ______Lori Wilson, Mayor 5 ATTEST:

6 ______7 Linda Hobson, City Clerk

8 APPROVED AS TO FORM AND LEGAL CONTENT: 9 10 ______Aleshire & Wynder, LLP 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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6 WHEREAS¸ This Ordinance is intended to preserve the residential character of streetscapes in the city's neighborhoods and minimize excess storm water runoff from 7 residential properties; and 8 WHEREAS, the unregulated expansion of paved parking areas in front, rear, and side 9 yards interferes with the pattern of building and open areas within neighborhoods, and can increase vehicle clutter by creating small parking lots in yard areas which are intended to 10 remain as open and/or landscaped areas; and 11 WHEREAS, excessive paving of front, rear, and side yard areas have a negative impact upon the character and appearance of the City’s neighborhoods; and 12 WHEREAS, the paving of front, rear, and side yard areas to add additional parking 13 will potentially have impacts upon the walkability of the City’s neighborhoods, because of the likely proliferation of curb cuts which reduce the number of available on-street parking spaces 14 in the City’s neighborhoods; and 15 WHEREAS, paving of front, rear, and side yards would potentially result in hazardous conditions on a residential property in that it could negatively impact the City’s 16 storm water management system such that a much higher amount of water runoff from such 17 properties would negatively affect the City’s storm water management system; and WHEREAS, paving of front, rear, and side yards could result in potentially high 18 amounts of runoff from such a property where such runoff could cause harm to adjoining 19 properties; and 20 WHEREAS, paving of front, rear, and side yards would create visual blight by eliminating green space in the City’s neighborhoods; and 21 WHEREAS, paving of front, rear, and side yards would create substantial aesthetic 22 conflicts that may result in decreased property values for adjoining properties; and WHEREAS, paving of front, rear, and side yards would result in potentially changing 23 the use of residential properties, and it would result in less green space within the City; and 24 WHEREAS, the Planning Commission of the City of Suisun City did hold a duly 25 noticed public hearing on December 18, 2018 and, following discussion, consideration and public comment, decided to form an Ad Hoc Committee and have a new Public Hearing 26 noticed for a future date; and 27 WHEREAS, the Planning Commission of the City of Suisun City did hold a duly noticed public hearing on January 29, 2019 and, following discussion, consideration and 28 public comment, voted in favor of recommending that the City Council adopt this Ordinance; and

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WHEREAS, the City Council of the City of Suisun City did hold a duly noticed 1 public hearing on March 19, 2019 and subsequently continued to April 2, 2019; and 2 WHEREAS, an Ad Hoc Committee of both the Planning Commission and City Council was held on April 24, 2019 and at the conclusion recommendations were made to the 3 City Council; and 4 WHEREAS, the City Council held a Public Hearing on May 14 and at the conclusion directed the item back to the Planning Commission to work through the draft ordinance; and 5 WHEREAS, the City Council held a Public Hearing on May 14 to adopt an Urgency 6 Interim Ordinance on front yard paving which was subsequently extended by the City Council at a Public Hearing on June 18; and 7 WHEREAS, the Planning Commission of the City of Suisun City did hold two public 8 workshops on June 11 and July 9, 2019; and 9 WHEREAS, the Planning Commission of the City of Suisun City did hold a duly noticed public hearing on September 24, 2019 and, following discussion, consideration and 10 public comment, voted in favor of recommending that the City Council adopt this Ordinance; 11 and 12 WHEREAS, the Suisun City Council did hold a duly noticed public hearing on February 4, 2020 and took comments from all interested parties on the subject; and 13 WHEREAS, all legal pre-requisites to adopt this Ordinance have occurred; and 14 WHEREAS, as provided in this Ordinance, the City Council now desires to repeal and replace Section 18.36.070 of Title 18 of the Suisun City Municipal Code and the 15 Waterfront District Specific Plan as provided in this Ordinance. 16 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUISUN 17 CITY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. RECITALS. 18 The recitals set forth above are all true and correct and are incorporated herein. 19 SECTION 2. SECTION 18.36.070, “PROHIBITED ACTIVITIES IN FRONT 20 AND STREET SIDE YARDS,” OF CHAPTER 18.36 OF TITLE 18 OF THE SUISUN CITY CODE IS HEREBY REPEALED AND REPLACED AS FOLLOWS: 21 “Section 18.36.070 - Prohibited activities in front, rear, and side yards of residential 22 properties. 23 A. Definitions. For the purposes of this Section, words shall have the same definitions as provided in Chapter 18.04 of Title 18 of the Suisun City Municipal Code, except as 24 follows: 25 1. “Landscaped area” means a water-permeable area maintained to present an attractive, well-kept appearance. A “landscaped area” may 26 consist of any combination of living plants (shrubbery, grass, trees, 27 etc.) with or without a layer at least two inches deep of materials such as decorative bark or decorative stones with a permeable subterranean 28 weed barrier. However, a “landscaped area,” does not include dead

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plants, bare soil without plants, or bare soil with cut weeds. Further, 1 “landscaped area” does not include asphalt or hardscape materials (such as pavers, bricks, and other hard surfaces), regardless of permeability. 2 2. “Hardscaped area” means an area covered with semi-permeable or 3 impermeable materials such as brick, pavers, or concrete. “Hardscaped 4 area” does not include asphalt paving (asphalt, decomposed granite, and gravel are not permitted). 5 3. “Weeds” mean plants that are out of place or not deliberately planted 6 by the property owner. 4. “Recreational vehicles” mean recreational vehicles (RVs), including 7 but not limited to motor homes, truck campers, travel trailers, fifth- 8 wheel and pull-behind trailers, all-terrain vehicles, snowmobiles, jet skis, boats, and boat trailers. 9 5. “Chain link fencing” means a fence, usually made of metal, which 10 consists of wire loops interconnected into a series of joined links. 11 6. “Driveway” means a paved portion of a private street providing an unobstructed passage from the roadway to an off-street area used for 12 driving, servicing, parking, or otherwise accommodating motor vehicles. 13 B. Purpose and Applicability. 14 1. The requirements specified in this Section are intended to preserve the 15 residential character of streetscapes in the city's neighborhoods and to minimize excess storm water runoff as follows: 16 i. The unregulated expansion of paved parking areas in front, rear, 17 and side yards interfere with the pattern of building and open 18 areas within neighborhoods and can increase vehicle clutter by creating small parking lots in yard areas which are intended to 19 remain as open areas and green spaces. Excessive paving of yard areas can negatively impact the character and appearance 20 of residential areas. Paving yard areas to add additional parking 21 can result in the proliferation of curb cuts that can have the effect of reducing the number of on-street parking spaces 22 available this also impacts the walkability of a neighborhood. 23 ii. The paving of front, rear, and side yards would potentially result in hazardous conditions on a residential property in that it 24 could negatively impact the City’s storm water management system such that a much higher amount of water runoff from 25 such properties would negatively affect the City’s storm water 26 management system. 27 iii. The paving of front, rear, and side yards would result in potentially high amounts of runoff from such a property where 28 such runoff could cause harm to adjoining properties.

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iv. The paving of front, rear, and side yards would create visual 1 blight by eliminating green space in the City’s neighborhoods. 2 v. The paving of front, rear, and side yards would provide substantial aesthetic conflicts that may possibly result in 3 decreased property values for adjoining properties, 4 vi. The paving would result in potentially changing the use of residential properties, and it would result in less green space 5 within the City. 6 2. The requirements in this Section shall apply to all residential properties and lots. 7 C. Regulations and Standards 8 1. Front Yard. i. Walkways and other Hardscaped Areas. The amount of paved 9 walkways and hardscaped area, including but not limited to 10 driveways, shall not exceed fifty sixty percent of the front yard area. 11 ii. Driveways. The amount of allowable paving for driveways shall 12 not exceed thirty-five percent of the total front yard area. 13 iii. Landscaping minimums. For all residential properties, a minimum of fifty percent of the front yard area other than 14 paved walkways and hardscape shall consist of a landscaped area. 15 iv. Property owners must maintain all landscape on their property 16 in such a way to allow for unobstructed passage of pedestrian 17 and vehicular traffic. v. Landscaped areas must be consistent with Chapters 8.12 and 18 8.13, as applicable, of the Suisun City Code. 19 vi. Chain link fencing shall not be constructed and located such 20 that such fencing is visible from public roads or alleyways. All chain link fencing constructed before the effective date of this 21 Section are considered legal non-conforming. Chain link fencing that is damaged shall be replaced with conforming 22 fencing pursuant to Title 18 of the Suisun City Code. 23 vii. No front yard driveway will be permitted without the approval and issuance of an encroachment permit from the Public Works 24 Director of Suisun City (if applicable) and design review and 25 approval from the Planning Division. viii. One tree shall be required for each residential property, any tree 26 removed must be replaced; this requirement applied only to new 27 includes all on all new developments constructed after the effective date of this section. 28

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ix. An accessory building shall only be located on the rear fifty 1 percent of a residential lot and must be consistent with Table 18.31.01 Development Standards in Residential Zones, as 2 applicable, of the Suisun City Code. 3 2. Rear / Side Yard. 4 i. Walkways and other Hardscaped Areas. Landscaping minimums. For all residential properties and lots, the amount 5 of paved walkways and hardscape in a minimum of fifty 6 percent of the required rear and side yard areas of a property combined area that are visible from public spaces shall not 7 exceed sixty percent of the combined visible rear and side yard area. “Public spaces” includes, but is not limited to, 8 streets, alleyways, public utility and access easements, and 9 parks. shall consist of landscaped area. 10 ii. Landscaping. All parts of rear and side yards that are not paved walkways or hardscape and that are visible from 11 public spaces shall consist of landscaped area. 12 iii. Property owners must maintain all landscape on their property in such a way to allow for unobstructed passage of pedestrian 13 and vehicular traffic. 14 iv. Landscaped areas must be consistent with Chapters 8.12 and 8.13, as applicable, of the Suisun City Code. 15 v. No side yard or rear yard driveway will be permitted without 16 the approval and issuance of an encroachment permit from the Public Works Director of Suisun City (if applicable) and design 17 review approval from the Planning Division. 18 3. Vehicle Storage. 19 i. Driveway location and width shall be in accordance with the latest edition of the City of Suisun City Engineering Standards 20 specifications. 21 ii. All vehicles, including recreational vehicles, shall be parked, stored or kept on a driveway being consistent with Chapter 22 8.12, as applicable, of the Suisun City Code. 23 iii. If a recreational vehicle is parked or stored on a residential property recreational vehicles must be parked on an approved 24 driveway, and meet the following requirements if parked on a 25 front or side yard visible to the public: 26 (1) Provide a minimum 36” safety clearance from the house; 27 (2) Recreational vehicles shall not impede the public right 28 of way;

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(3) If recreational vehicle is covered it must be with a snug 1 fitting material free of damage and the covering must be secured so as to not come off in a storm; 2 (4) In no case shall power cords or other connection(s) to 3 the property cross a sidewalk or public right of way to 4 prevent any tripping hazards, as to comply with the Americans with Disabilities Act. 5 iv. The following activities are prohibited on any driveway 6 governed by this Section: (1) The parking, storing, or keeping for a period of time 7 greater than seventy-two consecutive hours of any 8 household appliance, equipment, furniture, construction equipment, machinery, airplane or aircraft, and materials 9 other than that temporarily used or stored during the 10 improvement of the lot and any associated structures or facilities; 11 (2) The parking, storing or keeping in any such area, for 12 a period of time in excess of seventy-two consecutive hours, of any motor vehicle or recreational vehicle 13 that is disabled or inoperable because of the need of repairs; 14 (3) The parking, storing or keeping of a motor vehicle not 15 registered with the Department of Motor Vehicles in any 16 such area of the driveway, or is visible to the public; (4) The wrecking, dismantling, disassembling, 17 manufacturing, fabricating, building, remodeling, 18 assembling, repairing, painting, washing, cleaning or servicing in any such area of any motor vehicle, boat, 19 trailer, recreational vehicle, airplane or aircraft, machinery, equipment, appliance or appliances, 20 furniture or other personal property, excepting the 21 repairing, washing, cleaning or servicing by an owner, lessee, or occupant of the lot, for a period exceeding 72 22 hours.” 23 SECTION 3. THE WATERFRONT DISTRICT SPECIFIC PLAN IS HEREBY AMENDED AS FOLLOWS: 24 Section 6.2.3.C. Landscaping 25 6. All residential yards shall be subject to the standards set forth in Section 18.36.070 of the 26 Suisun City Code, at a minimum. Additional standards may be adopted by the Suisun City Council for specific unique neighborhoods that require special care and regulation. 27 28

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Section 6.2.3.D Maintenance of Structures and Premises 1 All property owners in a residential district shall have an obligation to maintain structures and 2 premises in good repair. Structures and premises in good repair shall present no material deviation in apparent condition from surrounding neighboring structures in compliance with 3 the provisions of this Plan. Good repair includes and is defined as the level of maintenance 4 that ensures the continued availability of the structure and premises for a lawfully permitted use and prevents deterioration, dilapidation, and decay of the exterior portions of the structure 5 and premises, such as lack of paint, peeling, chipping, crumbling, breakage, accumulation of dirt and/or similar evidence. This is not intended to preclude normal construction activities in 6 conjunction with a valid building permit, provided that the completion of such activities is 7 diligently pursued in accordance with the standards of the Building Code. SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase, 8 or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the 9 decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have 10 adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, 11 phrases, or portions thereof may be declared invalid or unconstitutional. 12 SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect 13 thirty (30) days after its passage. SECTION 5. CERTIFICATION. The City Clerk shall certify to the adoption of this 14 ordinance, and shall cause the same to be posted and codified in the manner required by law. 15 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council 16 of the City of Suisun City, California, on this 18th day of February 2020. 17 ______18 Lori Wilson, Mayor 19 ATTEST: 20 ______21 Linda Hobson, City Clerk 22 23 APPROVED AS TO FORM AND LEGAL CONTENT: 24 25 ______26 Aleshire & Wynder, LLP 27 28

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168 Residential Parking and Paving Ordinance 169

FEBRUARY 18, 2020 Attachment 6 Item 10 Parking and Paving Ordinance Background Planning Commission Workshops September 24 PC Public Hearing and Recommended 170 Changes. City Council Options and Staff Recommendation. Attachment 6 Item 10 Background Former Zoning Ordinance. Urgency Ordinances. Planning Commission and City Council public hearings. 171 Ad Hoc Meeting. Attachment 6 Item 10 Planning Commission Workshops

 June 11, 2019 Planning Commission Workshop.  July 9, 2019 Planning Commission Workshop.

172  September 24, 2019 Planning Commission Public Hearing. Attachment 6 Item 10 September 24 PC Public Hearing and Recommended Changes

 Modified definition for “hardscape”.  Removal of regulation for driveways.

173  Clarified which residential properties were required to have trees.  Cleaned up language to clarify other points in the ordinance. Attachment 6 Item 10 City Council Options and Staff Recommendation

 City Council Options (Urgency Ordinance No. 762 expires May 13, 2020).

174  Staff Recommendation: ◦ Receive the presentation from staff; ◦ Open the Public Hearing; ◦ Take any public comments; ◦ Close Public Hearing; and Attachment 6 ◦ Introduce and Waive Reading of Ordinance Item 10 Item 11

AGENDA TRANSMITTAL

MEETING DATE: February 18, 2020

CITY AGENDA ITEM: PUBLIC HEARING: Council Introduce and Waive Reading of Ordinance No. ___: An Ordinance of the City Council of the City of Suisun City, California Amending Chapter 18.49 “Cannabis Regulatory Program” of the Suisun City Code to Regulate Commercial Cannabis Operations and Personal Cannabis Cultivation in the City of Suisun City, and Finding an Exemption from the California Environmental Quality Act.

FISCAL IMPACT: Additional flexibility in locating cannabis opportunities, including two additional cannabis retailers, could lead to increased future cannabis tax and sales-related tax revenues. It is too early in the process to provide any type of estimate, but the revenue will likely be significant.

STRATEGIC PLAN IMPACT: Develop Sustainable Economy; Ensure Fiscal Solvency.

BACKGROUND: The City of Suisun City has engaged in discussions related to the regulation of cannabis uses since early 2017. Discussions have explored both the potential benefits and concerns associated with commercial cannabis uses. Public forums in which cannabis regulations have been discussed include:

• March 21, 2017 – First City Council Briefing and Policy Discussion • April 4, 2017 – Second City Council Policy Discussion • April 11, 2017 – Planning Commission Briefing and Policy Discussion • June 7, 2017 – Cannabis Policy Community Meeting • December 12, 2017 - Planning Commission Hearing • January 16, 2018 – City Council Hearing • February 20, 2018 – City Council Hearing • March 6, 2018 – City Council Hearing • April 30, 2018 – Planning Commission Hearing • May 29, 2018 - The City Council adopted Ordinance No. 750, adding Chapter 18.49 (“Cannabis Regulatory Program”) to the Suisun City Code (SCC) • March 5, 2019 - The City Council received a report on this item and provided initial comments to staff. • December 3, 2019 – City Council directed staff to prepare amendments to Chapter 18.49 that would expand opportunities for retail storefronts and various text amendments. • December 17, 2019 – City Council amended Master Fee Schedule which included cannabis application fee and Commercial Cannabis Business Permit fee increases.

On March 5, 2019, the City Council received a report on this item and provided initial comments to staff. An Ad Hoc committee was formed consisting of Councilmembers Adams and Williams to address the concerns of the March 5th City Council meeting. The Ad Hoc met several times over the following months and provided recommendations to the City Council regarding: ______PREPARED BY: John Kearns, Senior Planner REVIEWED/APPROVED BY: Greg Folsom, City Manager 175 Item 11

• Setting a tax rate for commercial cannabis uses (both a percentage of gross receipts and a per square footage cost; • Release of the Request for Applications (RFA); and • Amendments to Chapter 18.49 of the Suisun City Code. On January 21, 2020, the Planning Commission held a public hearing to discuss the proposed ordinance. The Cannabis Ad Hoc addressed the Planning Commission and answered questions posed by the Commission. At the conclusion of the hearing, the Commission (by a vote of 5-2) recommended the City Council adopt the ordinance amendments without any changes. The concern of those that didn’t support the ordinance appeared to center around the expanded zoning opportunities for cannabis retailers.

STAFF REPORT: A complete red-line of the proposed amendments to the ordinance are included as Attachment 1. Below is a high-level summary of the significant proposed amendments:

Cannabis Regulations. The following changes have been proposed to Section 18.49 “Cannabis Regulatory Program” of the Suisun City Code.

Section 18.49.020 Definitions. • Added “Consumption cafe/lounge,” meaning: “for the onsite retail sale and consumption of cannabis or cannabis products. A consumption cafe/lounge shall have a licensed premise that is a physical location from which commercial cannabis activities are conducted. The consumption cafe/lounge shall only sell cannabis or cannabis products to adults 21 years of age or older for onsite consumption, either through smoking, vaping, or ingestion of edible or topical products. The space occupied by a consumption cafe/lounge shall be definite and distinct from the space where other activities licensed under this division are exercised, and shall be accessed through a separate entrance.”

Section 18.49.030 and 18.49.040 Allowed and Prohibited Uses • Removed “Type 12 = Microbusiness” from prohibited uses.

Section 18.49.050 Permitted Types of Commercial Cannabis Operations • Added “Type 12 = Microbusiness” and “Type 14 = Consumption cafe/lounge.”

Section 18.49.060 Cannabis Business Zone; Establishment and Criteria. • Defined residential zones as RL, RM, RH1, RH2, RMU or within the Waterfront District Specific Plan RLD, RMD, HR, RHD, HLC • Removed minimum 10-acre requirement.

Section 18.49.070 Cannabis Business Zone Development Agreements. • Removed exemption from Development Agreements for facilities under 10,000 square feet. • Removed two-year term of Development Agreement. Requires an annual ministerial review to check for compliance. • Redefines a qualified applicant as any entity approved by the City.

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• Removed under 10,000 square feet exemption for transferees. • Removed the exemption for transferees that are not changing the activities. • Clarified that all real property is subject to a development agreement.

Section 18.49.090 Application for Commercial Cannabis Business Permit • Removed redundant information requirement regarding name, address, email, and phone number of applicant. • Removed requirements for information on current or prospective employees.

Section 18.49.140 Renewal of Commercial Cannabis Business Permit • Renewed annually subject to ministerial review.

Section 18.49.150 General Operating Standards and Restrictions • Removed felony convictions for cannabis as a disqualifier for criminal background checks.

Section 18.49.160 Commercial Cannabis Retailer (Storefront and Non-Storefront): Establishment, Operating Standards and Restrictions. • Recommended up to three commercial cannabis business permits for a storefront retailer. • Storefront retailers may be permitted to operate only in the following zones: CSF – Commercial Services Fabricating; CMU – Commercial Mixed Use; DMU – Downtown Mixed Use; MSMU – Main Street Mixed Use. • Specified which allowed license type is allowed in certain zones.

Type Zone Type 1A = Cultivation; Specialty Indoor; Small. CSF Type 1B = Cultivation; Specialty Mixed-Light; Small. CSF Type 2A = Cultivation; Indoor; Small. CSF Type 2B = Cultivation; Mixed-Light; Small. CSF Type 3A = Cultivation; Indoor; Medium CSF Type 3B = Cultivation; Mixed-Light; Medium CSF Type 4 = Cultivation; Nursery. CSF Type 5A = Cultivation; Indoor; Large. CSF Type 5B = Cultivation; Mixed-Light; Large. CSF Type 6 = Manufacturer 1 (extractions using mechanical methods or CSF nonvolatile solvents). Type 7 = Manufacturer 2 (extractions using volatile solvents). CSF Type N = Manufacturer (no extractions, pursuant to 17 CCR § 40118, CSF and as may be amended). Type P = Manufacturer (packaging and labeling only, pursuant to 17 CSF CCR § 40118, and as may be amended). Type 8 = Testing Laboratory. CSF, CMU, DMU Type 9 = Non-Storefront Retailer (by delivery only, pursuant to 16 CSF, DMU CCR § 5414, and as may be amended). Type 10 = Retailer. CSF, CMU, DMU, MSMU Type 11 = Distributor. CSF Type 12 = Microbusiness CSF, CMU, DMU, MSMU

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Type 13 = Distributor (transport only, pursuant to 16 CCR § 5315, CSF and as may be amended). Cultivation License Types for Indoor or Mixed-Light pursuant to 3 CSF CCR § 8201, and as may be amended). Type 14 = Consumption cafe/lounge CMU, DMU, MSMU

The City Council is being asked to hold a Public Hearing to discuss the draft ordinance. There are several actions the City Council can take: • Introduce and waive reading of Ordinance as submitted by staff; • Introduce and waive reading of Ordinance with amendments made by the City Council; • Direct staff to make certain amendments or research certain items before coming back to the City Council at a subsequent Public Hearing; or • Table discussion of the Ordinance at this time.

RECOMMENDATION: It is recommended that the City Council: 1. Open the Public Hearing; and 2. Take Public Comment; and 3. Close the Public Hearing; and 4. Introduce and waive the reading of Ordinance No. ___: An Ordinance of the City Council of the City of Suisun City, California Amending Chapter 18.49 “Cannabis Regulatory Program” of the Suisun City Code to Regulate Commercial Cannabis Operations and Personal Cannabis Cultivation in the City of Suisun City, and Finding an Exemption from the California Environmental Quality Act Code.

ATTACHMENTS: 1. Ordinance No. ______: An Ordinance of the City Council of the City of Suisun City, California Amending Chapter 18.49 “Cannabis Regulatory Program” of the Suisun City Code to Regulate Commercial Cannabis Operations and Personal Cannabis Cultivation in the City of Suisun City, and Finding an Exemption from the California Environmental Quality Act Code (Clean Version). 2. Ordinance No. ______: An Ordinance of the City Council of the City of Suisun City, California Amending Chapter 18.49 “Cannabis Regulatory Program” of the Suisun City Code to Regulate Commercial Cannabis Operations and Personal Cannabis Cultivation in the City of Suisun City, and Finding an Exemption from the California Environmental Quality Act Code (Redlined Version). 3. Proposed Cannabis Zones Map. 4. PC 20-01: A Resolution of the Planning Commission of the City of Suisun City Recommending City Council Adoption of Ordinance No. ___: An Ordinance of the City Council of the City of Suisun City, California Amending Chapter 18.49 “Cannabis Regulatory Program” of the Suisun City Code. 5. Draft Notice of Exemption. 6. PowerPoint Presentation.

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ORDINANCE NO. 1 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY, CALIFORNIA, AMENDING CHAPTER 18.49 3 (CANNABIS REGULATORY PROGRAM) OF THE SUISUN CITY CODE TO REGULATE COMMERCIAL CANNABIS OPERATIONS 4 AND PERSONAL CANNABIS CULTIVATION IN THE CITY OF 5 SUISUN CITY, AND FINDING AN EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 6 WHEREAS, in 1996 California voters approved Proposition 215, the Compassionate 7 Use Act (“CUA”), codified as Health and Safety Code §11362.5, to exempt certain patients 8 and their primary caregivers from criminal liability under state law for the possession and cultivation of cannabis for medical purposes; and 9 WHEREAS, in 2003 the California legislature enacted Senate Bill 420, the Medical 10 Marijuana Program Act (“MMPA”), codified as Health & Safety Code §§ 11362.7, et seq., and as later amended, to clarify the scope of the Compassionate Use Act of 1996 relating to 11 the possession and cultivation of cannabis for medical purposes, and to authorize local 12 governing bodies to adopt and enforce laws consistent with its provisions; and

13 WHEREAS, in 2015, the State of California adopted AB 266, AB 243, and SB 643, collectively referred to as the Medical Cannabis Regulation and Safety Act (“MCRSA”), 14 which established a comprehensive regulatory and licensing scheme for commercial medical 15 cannabis operations; and 16 WHEREAS, at the November 8, 2016 general election, the Control, Regulate and Tax Adult Use of Marijuana Act (“AUMA”) was approved by California voters as Proposition 64, 17 which established a comprehensive regulatory and licensing scheme for commercial 18 recreational (adult-use) cannabis operations, and which also legalized limited personal recreational cannabis use, possession, and cultivation; and 19 WHEREAS, on June 27, 2017, Governor Brown signed Senate Bill 94, the Medicinal 20 and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”), which merged the 21 regulatory regimes of the MCRSA and the AUMA; and 22 WHEREAS, pursuant to the MAUCRSA, the State of California began issuing licenses late 2017 and early 2018 for both medical and adult-use cannabis businesses in over 23 20 different categories, which are found in Business & Professions Code § 26050 and the 24 regulations promulgated pursuant thereto, and which categories include cannabis cultivator, manufacturer, testing, retailer, distributor, and microbusiness; and 25 WHEREAS, the MAUCRSA, at Business & Professions Code § 26200(a)(1), 26 provides that local jurisdictions may completely prohibit the establishment or operation of any or all of the different medical and recreational business operations to be licensed by the state 27 under Business & Professions Code § 26050; and 28

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WHEREAS, the MAUCRSA, at Business & Professions Code § 26055(d), provides 1 that a State commercial cannabis license may not be issued to an applicant whose operations would violate the provisions of any local ordinance or regulation; and 2 3 WHEREAS, the MAUCRSA, at Business & Professions Code Section 26200(a)(1), provides that local jurisdictions may adopt and enforce local ordinances to regulate any or all 4 of the 20 different medical and recreational business operations to be licensed by the state under Business & Professions Code Section 26050, including, but not limited to, local zoning 5 and land use requirements; and 6 WHEREAS, the MAUCRSA, at Business & Professions Code Section 26201, provides that any standards, requirements, and regulations regarding health and safety, 7 environmental protection, testing, security, food safety, and worker protections established by 8 the state for the different medical and recreational business operations to be licensed by the state under Business & Professions Code Section 26050, shall be the minimum standards, and 9 a local jurisdiction may establish additional standards, requirements, and regulations; and 10 WHEREAS, the AUMA, Health & Safety Code § 11362.1(a)(3), makes it lawful for 11 any person 21 years of age or older to “[p]ossess, plant, cultivate, harvest, dry, or process not more than six living cannabis plants and possess the cannabis produced by the plants”; and 12 WHEREAS, the AUMA, Health & Safety Code § 11362.2(b), explicitly allows a city 13 to “enact and enforce reasonable regulations to reasonably regulate” the cultivation of 14 cannabis permitted under Health & Safety Code § 11362.1(a)(3), so long as the city does not completely prohibit the cultivation of up to six plants; and 15 WHEREAS, on November 16, 2017, the California Bureau of Cannabis Control 16 (“BCC”), Department of Food and Agriculture (“CDFA”), and Department of Public Health 17 (CDPH”) released proposed emergency regulations pursuant to the MAUCRSA, which specify the process and requirements for obtaining state licenses to engage in all types of 18 commercial medicinal and adult-use cannabis activities in the State of California (“Regulations”); and 19 20 WHEREAS, the Regulations establish multiple new state license classifications, additional to those specified in Business & Professions Code § 26050, including one for 21 “Non-Storefront Retailers,” or commercial cannabis operations which conduct sales of cannabis solely by delivery; and 22 WHEREAS, the Regulations were submitted to the State Office of Administrative 23 Law (“OAL”) for review on November 28, 2017, and were subject to a public comment 24 period that ended on December 4, 2017; and

25 WHEREAS, the Regulations were approved by the OAL on December 7, 2017; and

26 WHEREAS, the BCC began accepting applications for temporary state licenses for 27 commercial cannabis retailers, distributors, microbusinesses, testing laboratories, and cannabis events in December, 2017, and is now accepting annual state licenses for such 28 activities; and

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WHEREAS, the CDPH began accepting applications for temporary state licenses for 1 commercial cannabis manufacturers in December, 2017, and is now accepting applications for annual state licenses for such activities; and 2 WHEREAS, the CDFA began accepting applications for temporary state licenses for 3 commercial cannabis cultivators, nurseries and processors in December, 2017, and is now 4 accepting applications for annual state licenses for such activities; and WHEREAS, the City of Suisun City (“City”) is a general law city and a political 5 subdivision of the State of California; and 6 WHEREAS, Article XI, Section 7 of the California Constitution grants the City authority to make and enforce all local, police, sanitary, and other ordinances and regulations 7 not in conflict with general laws. 8 WHEREAS, the City Council of Suisun City now desires to permit and regulate 9 various types of commercial medicinal and adult-use cannabis activities, and to prohibit others, within the City of Suisun City; and 10 WHEREAS, pursuant to the above-described express statutory authority and the 11 City’s police power, the City now desires to regulate all commercial cannabis activities 12 (whether not-for-profit or for-profit) that may otherwise be permitted by the State of California under the AUMA and the MAUCRSA, by adding a new Chapter 18.49 (“Cannabis 13 Regulatory Program”) to the Suisun City Code to regulate commercial medicinal and adult- use cannabis activities and the cultivation of cannabis for personal use; and 14 WHEREAS, this ordinance is enacted, consistent with the CUA, MCRSA, 15 MAUCRSA, AUMA and all other applicable state laws, to protect the health, safety, and 16 welfare of the public in relation to commercial medicinal and adult-use cannabis activities and to cultivation of cannabis for personal use; and 17 WHEREAS, the City Council finds that this Ordinance is not subject to the California 18 Environmental Quality Act (“CEQA”), pursuant to both Section 26055(h) of the Business & 19 Professions Code and Section 15061(b)(3) of the CEQA Guidelines; and 20 WHEREAS, nothing in this Ordinance shall be construed to allow any person to engage in conduct that endangers others or causes a public nuisance; and 21 22 WHEREAS, in November of 2017, the City adopted Ordinance No. 745, which added Chapter 5.42 (“Marijuana Uses and Activities Prohibited”) to the Suisun City Code to prohibit 23 all commercial cannabis activities in the City, and which provided that it shall expire on July 1, 2018; and 24 WHEREAS, Chapter 18.59 (“Prohibited Businesses”) of the Suisun City Code 25 prohibits the establishment and operation of businesses involving the cultivation, sale, 26 delivery or distribution of cannabis other than personal cultivation and use of cannabis for medicinal purposes as permitted by the Compassionate Use Act of 1996 (“CUA”) and the 27 AUMA; and 28 WHEREAS, the subject matter of Suisun City Code Chapters 5.42 and 18.59 is superseded by this Ordinance, and the City Council therefore sees fit to repeal Chapters 5.42 Ordinance No. Adopted Page 3 of 48 181 Item 11 Attachment 1

and 18.59 of the Suisun City Code in their entirety in order to avoid conflicts and 1 inconsistencies in the Suisun City Code; and 2 WHEREAS, the Planning Commission of the City of Suisun City did hold a duly noticed public hearing on April 30, 2018 and, following discussion, consideration and public 3 comment, voted 6-0 (one absent) in favor of recommending that the City Council adopt this 4 Ordinance; and WHEREAS, all legal pre-requisites to adoption of this Ordinance have occurred; and 5 WHEREAS, nothing in this Ordinance shall be construed to allow any person to 6 engage in conduct that endangers others or causes a public nuisance. 7 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUISUN CITY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: 8 9 SECTION 1. THE CITY COUNCIL OF THE CITY OF SUISUN CITY HEREBY MAKES THE FOLLOWING FINDINGS: 10 A. The recitals set forth above are all true and correct and are incorporated herein. 11 B. The regulation of, and prohibitions on, commercial cannabis activities 12 established by this ordinance are necessary to protect the public health, safety 13 and welfare, and are enacted pursuant to the authority granted to the City of Suisun City by state law. 14 C. The regulations of personal cultivation of cannabis established by this 15 Ordinance are reasonable and necessary to protect the public health, safety and 16 welfare, and are enacted pursuant to the authority granted to the City of Suisun City by state law. 17 SECTION 2. A new Chapter 18.49, “CANNABIS REGULATORY 18 PROGRAM,” is hereby added to the SUISUN City Code to read in its entirety as 19 SECTION 3. follows: 20 Chapter 18.49 CANNABIS REGULATORY PROGRAM 21 Section 18.49.010 Purpose and Intent. 22 Section 18.49.020 Definitions. Section 18.49.030 Commercial Cannabis Operations Prohibited without Permit. 23 Section 18.49.040 Prohibited Types of Commercial Cannabis Operations. 24 Section 18.49.050 Permitted Types of Commercial Cannabis Operations. Section 18.49.060 Cannabis Business Zone; Establishment and Criteria. 25 Section 18.49.070 Cannabis Business Zone Development Agreements. 26 Section 18.49.080 Commercial Cannabis Business Permit Required for All Commercial Cannabis Operations. 27 Section 18.49.090 Application for Commercial Cannabis Business Permit. Section 18.49.100 Director Review of Application for Commercial Cannabis 28 Business Permit.

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Section 18.49.110 Planning Commission Review of Application for Commercial 1 Cannabis Business Permit. Section 18.49.120 City Council Review of Application for Commercial Cannabis 2 Business Permit. 3 Section 18.49.130 Continuing Obligations of Commercial Cannabis Operations. Section 18.49.140 Renewal of Commercial Cannabis Business Permit. 4 Section 18.49.150 General Operating Standards and Restrictions. Section 18.49.160 Commercial Cannabis Retailer (Storefront and Non-Storefront): 5 Establishment, Operating Standards and Restrictions. 6 Section 18.49.170 Commercial Cannabis Distribution Operating Standards and Restrictions. 7 Section 18.49.180 Commercial Cannabis Manufacturing Operating Standards and 8 Restrictions. Section 18.49.190 Commercial Cannabis Testing Operating Standards and 9 Restrictions. Section 18.49.200 Commercial Cannabis Cultivation Operating Standards and 10 Restrictions. 11 Section 18.49.210 Application Fees. Section 18.49.220 Commercial Cannabis Business Permit Suspension and 12 Revocation. Section 18.49.230 Cultivation of Cannabis for Personal Use. 13 Section 18.49.240 Administration. 14 Section 18.49.250 Violations and Penalties. Section 18.49.260 Prohibitions. 15 Section 18.49.270 Nonconforming Use.

16 Section 18.49.010 Purpose and Intent. 17 The purpose and intent of this chapter is to protect and promote the public health, 18 safety and welfare of residents and visitors of the City by establishing a comprehensive set of regulations and prohibitions regarding various types of 19 commercial medicinal and adult-use cannabis activities and the cultivation of cannabis for personal use in the City, in a manner that is consistent with the Compassionate Use 20 Act of 1996, the Medical Marijuana Program Act of 2003, the Medical Cannabis 21 Regulation and Safety Act of 2015, the Adult-Use of Marijuana Act of 2016, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) and 22 other applicable state laws governing cannabis activities. 23 Section 18.49.020 Definitions. 24 As used in this chapter, the following words and phrases shall have the following 25 meanings:

26 A. “Adult-use” (or non-medicinal) refers to an activity involving cannabis or cannabis 27 products that is restricted to adults 21 years of age and over and who do not possess physician’s recommendations, in contrast to activities involving medicinal 28 cannabis or medicinal cannabis products.

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B. “Applicant” means a person applying for any City permit or approval pursuant to 1 this chapter. 2 C. “Application” means an application for a commercial cannabis business permit 3 pursuant to this chapter.

4 D. “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, 5 whether crude or purified, extracted from any part of the plant; and every 6 compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or 7 purified, obtained from cannabis. “Cannabis” does not include the mature stalks of 8 the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation 9 of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. 10 11 E. “Cannabis Business Zone” or “CBZ” refers to an overlay zoning designation that is intended to facilitate the use and development of property for commercial 12 cannabis activities on non-residential-zoned land within the City, subject to section 18.49.060 and other applicable provisions of this chapter. 13 14 F. “Cannabis concentrate” means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s 15 potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this chapter. A cannabis concentrate is not considered food, as defined 16 by Section 109935 of the Health & Safety Code, or a drug, as defined by Section 17 109925 of the Health & Safety Code.

18 G. “Cannabis products” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited 19 to, concentrated cannabis, or an edible or topical product containing cannabis or 20 concentrated cannabis and other ingredients.

21 H. “CDTFA” means the California Department of Tax and Fee Administration, formerly known as the Board of Equalization. 22 23 I. “City Manager” means the City Manager of the City of Suisun City, or his or her designee(s). 24 J. “Commercial cannabis activity” or “commercial cannabis operation” includes the 25 cultivation, possession, manufacture, distribution, processing, storing, laboratory 26 testing, packaging, labeling, transportation, delivery, or sale (including retail and wholesale) of cannabis and cannabis products, except cultivation and possession of 27 cannabis for personal use as set forth in this chapter or as preempted by state law. 28

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K. “Commercial cannabis business permit” means a permit issued by the City 1 pursuant to this Chapter which authorizes the permittee to operate a specific type of commercial cannabis operation in the City subject to the requirements of this 2 chapter, state law, and the specific terms and conditions of the permit. 3 4 L. “Consumption cafe/lounge,” for the onsite retail sale and consumption of cannabis or cannabis products. A consumption cafe/lounge shall have a licensed premises 5 that is a physical location from which commercial cannabis activities are conducted. The consumption cafe/lounge shall only sell cannabis or cannabis 6 products to adults 21 years of age or older for onsite consumption, either through 7 smoking, vaping, or ingestion of edible or topical products. The space occupied by a consumption cafe/lounge shall be definite and distinct from the space where 8 other activities licensed under this division are exercised, and shall be accessed 9 through a separate entrance. 10 M. “CSF” means the City’s Commercial Services Fabrication Zone.

11 N. “Cultivation” means any activity involving the planting, growing, harvesting, 12 drying, curing, grading or trimming of cannabis. 13 O. “Cultivation site” means a location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of these 14 activities occurs. 15 P. “Day care center” means, as the term is understood in Business & Professions 16 Code Section 26001(o), as may be amended, any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care 17 facilities, and school age child care centers. 18 Q. “Delivery” means the commercial transfer of cannabis or cannabis products to a 19 customer, and includes the use by a retailer of any technology platform. 20 R. “Director” means the City Manager of the City of Suisun City, or his or her 21 designee(s).

22 S. “Distribution” means the procurement, sale and transport of cannabis and cannabis products between persons possessing state licenses. 23 24 T. “Employee” means any person, whether paid or unpaid, who provides regular labor or regular services for a commercial cannabis operation, including, but not 25 limited to, at the location of a commercial cannabis operation. The term “employee” includes managers and owners as used in this chapter. 26 27 U. “Extraction” means the process of obtaining cannabis concentrates from cannabis plants, including but not limited to through the use of solvents such as butane, 28 alcohol or carbon dioxide.

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1 V. “Ground lease” means a real property lease whereby the lessee is authorized to undertake significant development or make significant improvements to the leased 2 property. 3 W. “Indoor,” in the context of cultivation, refers to cultivation using exclusively 4 artificial lighting and no natural lighting. 5 X. “License” or “State license” means a State of California commercial cannabis 6 operation license, as provided for in Division 10 of the Business and Professions Code (and attendant state regulations), and as may be amended. 7 8 Y. “Live scan” means a system for inkless electronic fingerprinting and the automated background check developed by the California Department of Justice (DOJ) which 9 involves digitizing fingerprints and electronically transmitting the fingerprint image data along with personal descriptor information to computers at the DOJ for 10 completion of a criminal record check; or such other comparable inkless electronic 11 fingerprinting and automated background check process as determined by the City Council. 12 Z. “Manager” means an employee responsible for management and/or supervision of 13 a commercial cannabis operation or its employees. 14 AA. “Manufacture” means to compound, blend, extract, infuse, or otherwise make 15 or prepare a cannabis product.

16 BB. “Manufacturer” means a licensee that conducts the production, preparation, 17 propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical 18 synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or re- 19 labels its container; “Manufacturer” includes the activity of manufacturing. 20 CC. “Medicinal cannabis” or “medicinal cannabis product” means cannabis or a 21 cannabis product used in compliance with state law for medical/medicinal purposes, pursuant to the Compassionate Use Act (Health and Safety Code § 22 11362.5), the Medical Marijuana Program Act (Health and Safety Code §§ 23 11362.7, et seq.), and the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code §§ 26000, et seq.). 24 DD. “Minor” means a person under twenty-one (21) years of age. 25 26 EE. “Mixed-light” refers to cultivation using a combination of natural and supplemental artificial lighting. 27 28

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FF. “Non-storefront retailer” means a retailer operating pursuant to a Type 9 State 1 license and which engages in the retail sale of cannabis and cannabis products exclusively by delivery. 2 3 GG. “Owner” means an owner of a commercial cannabis operation.

4 HH. “Person” includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, 5 syndicate, or any other group or combination acting as a unit, and includes the 6 plural as well as the singular.

7 II. Physician's recommendation” means a determination from a physician that a 8 patient’s medicinal cannabis use is deemed appropriate and is recommended by the physician on the basis of the physician has determined that the patient’s health 9 would benefit from the use of cannabis in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for 10 which cannabis provides relief, in strict accordance with the Compassionate Use 11 Act of 1996 (Proposition 215), and as understood by Section 11362.5 of the Health and Safety Code. 12 JJ. “Premises” means the designated structure or structures and the surrounding land 13 that is owned, leased, or otherwise held under the control of an applicant or 14 permittee where commercial cannabis activity will be or is conducted. 15 KK. “Primary caregiver” has the same meaning as in Section 11362.7 of the Health and Safety Code, as may be amended. 16 17 LL. “Private residence” has the same meaning as in 11362.2(b)(5) of the Health and Safety Code, as may be amended, which provides that private residence “means a 18 house, an apartment unit, a mobile home, or other similar dwelling.” 19 MM. “Qualified patient” has the same meaning as in Section 11362.7 of the 20 Health and Safety Code, as may be amended.

21 NN. “Retailer” means a cannabis business that engages in the retail sale of cannabis or cannabis products to customers, whether by delivery or from a storefront. 22 “Retailer” includes “storefront retailer” and “non-storefront retailer.” 23 OO. “RFA” means “request for applications.” 24 PP.“School” means, as the term is understood in Business & Professions Code 25 Section 26054(b), as may be amended, as a place of instruction in kindergarten or 26 any grades 1 through 12.

27 QQ. “Simple lease” means a real property lease which does not authorize the 28 lessee to undertake significant development of, or make significant improvements to, the leased property. Ordinance No. Adopted Page 9 of 48 187 Item 11 Attachment 1

1 RR. “State” means the State of California. 2 SS. “Storefront retailer/dispensary” means a retailer operating pursuant to a Type 10 3 State License and engaging in the retail sale of cannabis and cannabis products to walk-in customers from a storefront, commonly referred to as a dispensary. 4 Storefront retailers may also engage in the retail sale of cannabis and cannabis products by delivery. 5 6 TT. “Testing laboratory” or “testing” means a laboratory, facility, or entity in the State that offers or performs tests of cannabis or cannabis products; includes the 7 activity of laboratory testing. 8 UU. “Youth center” means, as the term is understood in Business & Professions 9 Code Section 26001(av), as may be amended, any public or private facility that is primarily used to host recreational or social activities for minors, including but not 10 limited to private youth membership organizations or clubs, social service teenage 11 club facilities, video arcades, or similar amusement park facilities. 12 Section 18.49.030 Commercial Cannabis Operations Prohibited without Permit. 13 It shall be unlawful to own, establish, operate, use or permit the establishment or 14 activity of a commercial cannabis operation, or to participate in commercial cannabis 15 operations as an employee, contractor, agent, volunteer, or in any manner or capacity, unless such operation is: (1) pursuant to a current and valid City of Suisun City 16 commercial cannabis business permit issued pursuant to this chapter; (2) pursuant to an equivalent State license for the type of commercial cannabis operation being 17 conducted, pursuant to Division 10 of the Business & Professions Code, as amended, 18 and applicable State regulations promulgated pursuant thereto; and (3) in compliance all the other applicable requirements of this chapter. The prohibition of this section 19 shall include renting, leasing, or otherwise permitting a commercial cannabis operation to occupy or use a location, vehicle, or other mode of transportation. 20 21 Section 18.49.040 Prohibited Types of Commercial Cannabis Operations. 22 A. Commercial cannabis operations (including non-profit operations) within the City which involve the activities of outdoor cultivation are prohibited in the City. This 23 prohibition includes, but is not limited to, commercial cannabis activities licensed 24 by the State license classifications listed below, as provided for in Business & Professions Code Section 26050 and applicable State regulations: 25 26 1. Type 1= Cultivation; Specialty Outdoor; Small. 2. Type 1C = Cultivation; Specialty Cottage; Small. 27 3. Type 2 = Cultivation; Outdoor; Small. 28 4. Type 3= Cultivation; Outdoor; Medium. 5. Type 5 = Cultivation; Outdoor; Large. Ordinance No. Adopted Page 10 of 48 188 Item 11 Attachment 1

1 B. Except as otherwise expressly provided in this chapter, the prohibition provided by 2 subsection (A) includes any similar activities authorized under new or revised State licenses, or any other State authorization, for any type, category, or 3 classification of commercial cannabis activities which involve the above- 4 referenced activities or similar operations (including non-profit, collective or cooperative operations.) 5 Section 18.49.050 Permitted Types of Commercial Cannabis Operations. 6 7 A. Commercial cannabis operations (including non-profit operations) within the City, which comprise the activities of indoor cultivation, mixed-light cultivation, 8 retailer, non-storefront retailer, manufacturer, testing or distributor are allowed subject to issuance and maintenance of a valid and current City-issued commercial 9 cannabis business permit, continuing compliance with this chapter and all other 10 applicable City and State laws and regulations, and issuance and maintenance of a valid and current State license of a type listed below, as provided for in Business 11 & Professions Code Section 26050 and applicable State regulations: 12 1. Type 1A = Cultivation; Specialty Indoor; Small. 13 2. Type 1B = Cultivation; Specialty Mixed-Light; Small. 14 3. Type 2A = Cultivation; Indoor; Small. 4. Type 2B = Cultivation; Mixed-Light; Small. 15 5. Type 3A = Cultivation; Indoor; Medium. 6. Type 3B = Cultivation; Mixed-Light; Medium. 16 7. Type 4 = Cultivation; Nursery. 17 8. Type 5A = Cultivation; Indoor; Large. 9. Type 5B = Cultivation; Mixed-Light; Large. 18 10. Type 6 = Manufacturer 1 (extractions using mechanical methods or nonvolatile solvents). 19 11. Type 7 = Manufacturer 2 (extractions using volatile solvents). 20 12. Type N = Manufacturer (no extractions, pursuant to 17 CCR § 40118, and as may be amended). 21 13. Type P = Manufacturer (packaging and labeling only, pursuant to 17 CCR § 40118, and as may be amended). 22 14. Type 8 = Testing Laboratory. 23 15. Type 9 = Non-Storefront Retailer (by delivery only, pursuant to 16 CCR § 5414, and as may be amended). 24 16. Type 10 = Retailer. 25 17. Type 11 = Distributor. 18. Type 12 = Microbusiness 26 19. Type 13 = Distributor (transport only, pursuant to 16 CCR § 5315, and as may be amended). 27 20. Cultivation License Types for Indoor or Mixed-Light pursuant to 3 CCR § 28 8201, and as may be amended). 21. Type 14 = Consumption cafe/lounge Ordinance No. Adopted Page 11 of 48 189 Item 11 Attachment 1

1 B. The requirements provided by above subsection (A) apply to any similar activities 2 authorized under new or revised State licenses, or any other State authorization, to allow any type, category, or classification of commercial cannabis activities which 3 involve the above-referenced activities or similar operations (including non-profit, 4 collective or cooperative operations.)

5 C. All permitted commercial cannabis uses, with the exception of a storefront retailer, must operate within a Cannabis Business Zone pursuant to Sections 18.49.060 and 6 18.49.070. Storefront retailers are limited to three within the City limits and 7 restricted to the CSF Zone pursuant to Section 18.49.160.

8 Section 18.49.060 Cannabis Business Zone; Establishment and Criteria.

9 A. No commercial cannabis operation or activity, other than a storefront retailer 10 pursuant to Section 18.49.160, shall be permitted to operate anywhere in the City other than in a Cannabis Business Zone. 11 12 B. The Cannabis Business Zone is an overlay zoning designation that is intended to facilitate the use and development of property for commercial cannabis activities 13 on non-residential-zoned land within the City. 14 15 C. Establishment of a Cannabis Business Zone does not limit, reduce, or alter the uses allowed pursuant to the base zoning designation of any property or area to which it 16 applies. 17 D. Under no circumstances shall any property or area located within residential zones 18 (RL, RM, RH1, RH2, RMU) or within the Waterfront District Specific Plan (RLD, 19 RMD, HR, RHD, HLC) receive a Cannabis Business Zone designation. 20 E. Under no circumstances shall any area located within 600 feet of a school, day 21 care center or youth center receive a Cannabis Business Zone designation. If a property or area is located within 1,000 feet of an established Cannabis Business 22 Zone, the property or area shall not be designated as a separate Cannabis Business 23 Zone. Distances shall be measured as the shortest horizontal distance measured in a straight line from the property line of one site to the property line of another site. 24

25 F. Application Submittal and Review 26 1. CBZ designations and modifications shall be initiated, and review and action 27 related to CBZ designations shall be conducted, in accordance with the 28 procedure set forth in Chapter 18.82 (Amendments) of the Suisun City Code.

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1 2. Notwithstanding the foregoing, for CBZ designations or modifications initiated 2 by one or more property owners, the initiating document shall be in the form of a City-provided application, in lieu of a verified petition as provided for in 3 section 18.82.020(A). The application for designation or modification of a 4 CBZ shall be accompanied by a fee set by resolution of the City Council.

5 3. For CBZ designations or expansions initiated by application, if there is more than one holder of a legal or equitable ownership interest in property located in 6 the area subject to the proposed CBZ designation or expansion, each such 7 property owner shall consent to the CBZ designation or expansion over his or her property. If such property owner does not so consent, his or her property 8 shall not become subject to the CBZ. Consent shall be evidenced by a property 9 owner’s status as a joint applicant for the CBZ designation or expansion, or via submission of a signed and notarized consent form from a non-applicant 10 property owner, submitted with the application, consenting to inclusion of his or her property within a CBZ. 11 12 4. In addition to all submittal requirements identified within Chapter 18.82 of the Suisun City Code, applicants shall provide information as requested to 13 facilitate City review of the CBZ, as determined by the Director. Such information may include, but not be limited to: 14 15 a. Conceptual layout of development within the CBZ. 16 b. Description of proposed uses, including but not limited to the percentage of use or development by the various permitted cannabis business types 17 described in Section 18.49.050. 18 c. Anticipated number of jobs to be created. 19 d. General statement of design, including perimeter security, landscaping and 20 typical architectural character. 21 G. Criteria for Review 22 1. It is the City’s expectation that development and operation of businesses within 23 Cannabis Business Zones will be designed and operated in a manner that 24 generally benefits the residents of Suisun City. Such benefits may arise from direct creation of new jobs, creation of ancillary and related jobs, contributions 25 toward the construction of key infrastructure projects, contributions of revenue to the City to support key community priorities, or other measures as proposed 26 and determined appropriate by the applicant. 27 2. In reviewing an application for a CBZ, the City Council shall find that the 28 proposed cannabis uses will not adversely impact the existing community.

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Potential adverse impacts include, but are not limited to, increases in criminal 1 activity and the creation of nuisances, including but not limited to detrimental odors and emissions. 2 3 H. Development Agreement. Due to the complexity of implementing development within a Cannabis Business Zone, in order to define the interests of the City, 4 Cannabis Business Zone applicants, and commercial cannabis business permit applicants, and to further the overall public health, safety and welfare of the 5 residents of the City, holders of legal or equitable interests in land located within 6 the Cannabis Business Zone are subject to development agreement obligations as set forth in Section 18.49.070. 7 Section 18.49.070 Cannabis Business Zone Development Agreements. 8 9 A. Development Agreement Requirements. 10 1. Each applicant for establishment of a Cannabis Business Zone pursuant to Section 18.49.060, concurrently with CBZ application review, shall apply for 11 and negotiate, in good faith, terms of a development agreement to guide 12 subsequent development and operation of cannabis-related uses within the CBZ. Prior to commencement of any commercial cannabis operations or 13 issuance of any certificate of occupancy for such operations within the CBZ, the City and the CBZ applicant shall execute an appropriate development 14 agreement pursuant to this section. All real property located within the CBZ in 15 which the CBZ applicant holds a legal or equitable interest, greater than a simple lease, shall be subject to the development agreement. 16 2. The development agreement shall set forth the terms and conditions under 17 which the subject commercial cannabis operation(s) will operate, which may, 18 in addition to the requirements of this chapter, include, but not be limited to, public outreach and education, community service, payment of fees and other 19 charges as mutually agreed, and such other terms and conditions that will protect and promote the public health, safety, and welfare of the residents of 20 the City. The procedures for development agreements shall comply with this 21 chapter, Suisun City Code Chapter 18.70, and Article 2.5 of Chapter 4 of Division 1 of Title 7 of the California Government Code. 22 23 3. If any real property located within a CBZ is at any time owned by persons other than the CBZ applicant, such owners shall be subject to the same 24 obligations, set forth in subparagraph (A)(1), as the CBZ applicant, except as otherwise stated in this section. 25 26 4. Term Limits; Renewal. The maximum term for any development agreement entered into pursuant to this section shall be until revoked. A ministerial annual 27 review shall be made to check for compliance or at an earlier date if exigent circumstances arise. A development agreement may remain in effect for an 28 unlimited number of consecutive terms, All development agreements shall be

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subject to compliance with the periodic review requirements of Government 1 Code Section 65865.1. However, the timing of any renewal may be made to coincide with a successful periodic review. 2 B. Development Agreement Filing Requirements. 3 1. Only qualified applicants may apply to enter into a development agreement 4 pursuant to this section. A qualified applicant is only a City approved entity. 5 2. The Director shall prescribe the form for each application, notice and other 6 documents provided for or required under this section for the preparation and implementation of development agreements. The applicant shall complete and 7 submit such an application form to the Director, along with a deposit for the 8 estimated direct and indirect costs of processing the development agreement. The applicant shall deposit any additional amounts for all costs and fees to 9 process the development agreement, including all legal fees, within fifteen (15) days of request by the Director. Upon either completion of the application 10 process or withdrawal of the application, the City shall refund any remaining 11 deposited amounts in excess of the costs of processing. 12 3. The Director shall require an applicant to submit such information and supporting data as the Director considers necessary to process the application, 13 including but not limited to a community benefit assessment to evaluate the 14 benefits the development agreement will provide to the community. 15 C. Processing and Requirements. 16 1. The Director shall endorse on the application the date it is received. An 17 application or related document shall not be complete until an estimated deposit (as estimated by the City) for the cost of processing has been paid to 18 the City. If within thirty (30) days of receiving the application the Director finds that all required information has not been submitted or the application is 19 otherwise incomplete or inaccurate, the processing of the application and the 20 running of any time limits shall be suspended upon written notice to the applicant and a new thirty (30) day period shall commence once the required 21 material is received by the Director. If the Director finds that the application is complete for filing, it shall be accepted for filing and the applicant so notified. 22 The Director shall review the application and determine the additional 23 requirements necessary to complete final processing of the agreement. After receiving the required information and determining the application to be 24 complete for processing, the Director shall prepare a staff report and 25 recommendation to the Planning Commission and City Council stating whether or not the agreement as proposed or in an amended form would be 26 consistent with policies of the City, this chapter, and any applicable general or specific plan. 27 28

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2. Notice of a hearing regarding the development agreement shall be given by the 1 Director and shall comply with the requirements of Section 65867 of the California Government Code, as may be amended, as well as in the manner set 2 forth in Suisun City Code Section 18.70.110. 3 3. The Planning Commission shall review the proposed development agreement 4 and provide a recommendation to the City Council to approve, approve with modifications or deny the proposed development agreement. If the Planning 5 Commission fails to take action within sixty (60) days of opening the hearing 6 on the matter, such failure shall be deemed to constitute a recommendation of denial to the City Council unless the applicant has requested an extension of 7 time, either in writing or on the record, which has been approved by the 8 Planning Commission prior to the running of the sixtieth day. 9 4. The proposed development agreement shall be set for hearing and consideration before the Council within sixty (60) days of the recommendation 10 of the Planning Commission, unless the applicant agrees in writing to an 11 extension of time with the Director prior to the matter being heard by the Council. 12 13 5. Within ten (10) calendar days after the City enters into the development agreement, the City Clerk should have the agreement recorded with the County 14 Recorder. If the parties to the agreement or their successors in interest amend 15 or cancel the agreement as provided in Section 65868 of the California Government Code, or if the City terminates or modifies the agreement as 16 provided in Section 65865.1 of the California Government Code for failure of the applicant to comply in good faith with the terms or conditions of the 17 agreement, the City Clerk shall have notice of such action recorded with the 18 County Recorder. 19 D. Required Findings for Approval Development Agreement. 20 After the City Council completes the public hearing, the Council may not 21 approve the development agreement unless it finds that the provisions of the agreement: 22 23 1. Are consistent with the goals, objectives, and policies of the general plan and any applicable specific plan; 24 2. Are compatible with the uses authorized in and the regulations prescribed for 25 the zoning district in which the real property is located; 26 3. Are beneficial to the residents of the City so as to promote the health, safety 27 and welfare of City residents. Such benefits may arise from, without limitation, direct creation of new jobs, creation of ancillary and related jobs, contributions 28 toward the construction of key infrastructure projects, contributions of revenue

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to the City to support key community priorities, or other measures as proposed 1 by the applicant and determined appropriate by the City;

2 4. Are not detrimental to the public health, safety, or general welfare; 3 5. Comply with the California Environmental Quality Act; 4 6. Will not adversely affect the orderly development of property or the 5 preservation of property values in the City; and 6 7. Provide for a reasonable penalty for any violation of the development 7 agreement. 8 E. Transfer of Development Agreements. 9 10 1. If a party to a development agreement pursuant to this section transfers title to any real property that is subject to the development agreement or any term or 11 obligation thereof, then the transferor shall assign, and the transferee shall assume, the terms and obligations of the development agreement that are 12 applicable to the transferred real property, unless the transferor, by the terms of 13 the transfer, agrees to retain such obligations. Transferee shall meet all the requirements asked of applicants. 14 2. No assignment or assumption of any development agreement, or any term or 15 obligation thereof, shall be valid without the prior written consent of the City 16 Council, and then only upon presentation of evidence demonstrating that the transferee has the experience, expertise, financial strength, and resources to 17 perform its obligations under the agreement, in addition to compliance with any transfer conditions or obligations set forth in the agreement. 18

19 3. No permit or entitlement authorizing the transferee to engage in commercial cannabis activity on the transferred real property shall issue until such 20 assignment and assumption has been executed and consented to by the City in accordance with subparagraph (E)(2), unless the transferor has agreed to retain 21 the obligations under the development agreement by the terms of the transfer, 22 and the transferee has demonstrated the same to the City.

23 4. Exceptions to Transferee Obligations. Notwithstanding any other provision of 24 this section:

25 a. If the transferee will not engage in or authorize commercial cannabis activity on the property, the transferee shall be exempt from all provisions 26 of the development agreement that accrue specific benefits to the City and 27 its residents such as requiring payment of funds to the City by commercial cannabis operations, to the extent such requirements are based on the 28 nature of such operations as commercial cannabis operations. Subject to the foregoing, the assignment and assumption pursuant to subparagraphs

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(E)(1)-(3) shall be required, but upon expiration of the then-existing term 1 of the development agreement, the transferee shall not be obligated to apply for or enter into a new or renewed development agreement pertaining 2 to the transferred real property. 3 5. Leases. All real property is subject to a development agreement pursuant to 4 this section. 5 6. Each assignment and assumption of a development agreement pursuant to this 6 section shall provide for the transferee to be bound by and comply with all terms and conditions of the development agreement, for the remainder of the 7 term thereof, or until the transferee no longer retains a legal or equitable 8 interest in the subject property (except as stated in subparagraph (E)(4)). 9 7. The assignment and assumption shall be signed, with notary acknowledgment, by a person who is duly authorized to bind the transferor and the transferee. 10 The assignment and assumption shall also be approved by the City Council and 11 executed by a duly authorized representative of the City, acknowledging that the assignment and assumption complies with this section and consenting 12 thereto. Upon full execution and approval of the assignment and assumption, the transferee shall be deemed a party to the development agreement pursuant 13 to this section for all purposes. The fully executed assignment and assumption 14 should be recorded on the subject property within 10 days after its approval and execution. 15 16 F. Modifications and Extensions. 17 1. The provisions of Section 65868 of the California Government Code shall apply for all modifications, extensions or other amendments of the terms of a 18 development agreement subject to this chapter.

19 2. Either party may propose an amendment or termination of an approved 20 development agreement subject to the following:

21 a. The procedure for amending or terminating the development agreement is the same as the procedure for entering into an agreement in the first 22 instance. 23 b. The development agreement may be amended or cancelled only by the 24 mutual consent of the parties, as provided in Section 65868 of the California Government Code. 25 26 3. Nothing herein shall limit the City’s ability to terminate or modify the agreement consistent with Section 65865.1 or 65865.3 of the California 27 Government Code as may be amended. 28

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Section 18.49.080 Commercial Cannabis Business Permit Required for All 1 Commercial Cannabis Operations.

2 A. Prior to commencing any commercial cannabis operation and as a continuing 3 requisite to conducting operations, the owner of a commercial cannabis operation shall obtain a commercial cannabis business permit from the City under the terms 4 and conditions set forth in this chapter in addition to an equivalent, valid and current State license issued pursuant to Division 10 of the Business & Professions 5 Code, as amended. 6 B. Commercial cannabis business permits issued pursuant to this chapter shall be 7 renewed annually after their date of issuance subject to ministerial review, unless otherwise expressly provided. 8 9 C. The issuance of a commercial cannabis business permit shall constitute a revocable privilege and shall not create or establish any vested rights for the development or 10 use of any property. 11 D. Conditions necessary for the continuing validity of a commercial cannabis 12 business permit include:

13 1. Strict adherence to each and every applicable requirement of this chapter and Code, as well as any further applicable requirements, including administrative 14 regulations, adopted by the City. 15 2. Maintaining an equivalent, current and valid State license issued pursuant to 16 Division 10 of the Business & Professions Code, as amended. Revocation, 17 suspension or expiration of a required State license shall automatically invalidate the commercial cannabis business permit. 18 3. Allowing City code enforcement, fire officials and police officers to conduct 19 reasonable inspections, at the discretion of the City, of the location of the 20 commercial cannabis operation, including but not limited to inspection of security, inventory, and written and electronic records, recordings and files 21 pertaining to the commercial cannabis operation, for the purposes of ensuring compliance with this Code and State law. 22 23 4. Maintaining valid and current contact information on file with the City for the owner(s) and manager(s) of the commercial cannabis operation, and that of the 24 legal representative of the operation, if applicable.

25 E. Commercial cannabis business permits are transferable only if the transferee 26 satisfies all of the requirements for issuance of a new commercial cannabis business permit. 27 28

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Section 18.49.090 Application for Commercial Cannabis Business Permit. 1 A. The owner of a proposed commercial cannabis operation, prior to commencing 2 operation, shall file an application for a commercial cannabis business permit with 3 the Director upon a form provided by the City, and shall pay a filing fee as established by resolution adopted by the City Council, as may be amended. 4 B. An application for a commercial cannabis business permit shall include, but not be 5 limited to, the following information: 6 1. The full name, address, e-mail address, and phone number of the applicant. 7 2. The street address, assessor’s parcel number, and total square footage of the 8 premises where the commercial cannabis operation will be located, and a 9 description of the characteristics of the area surrounding the premises.

10 3. If the applicant is not the property owner, a notarized acknowledgment from the property owner consenting to the operation of the proposed commercial 11 cannabis operation on the premises. 12 4. The full names, addresses, e-mail addresses, and phone numbers of all persons 13 who will be responsible for or who will participate in the management of the proposed commercial cannabis operation. 14 15 5. A list of the full names of all management and owners of the proposed commercial cannabis operation, along with any other identifying information 16 requested by the Director. 17 a. For each manager and owner identified, a color photocopy of either a valid 18 California Driver’s license or equivalent identification approved by the Director. 19 20 b. For each manager and owner identified, and for all owners of the proposed operation, a written and signed consent form provided by the City whereby 21 the employee consents to fingerprinting and a State and federal criminal history background check. At the discretion of the City and in compliance 22 with State law, the City may use live scan to perform criminal background 23 checks. 24 c. For each manager and owner identified, a check for payment of the appropriate fees to the City to cover the costs of performing the required 25 criminal history background check. 26 6. The name, e-mail address and phone number of an employee designated as 27 Community Outreach Manager, who shall be responsible for outreach and communication with the surrounding community. 28

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1 7. A description of the statutory entity or business form that will serve as the 2 legal structure for the proposed applicant, the ownership structure of the applicant as filed with the California Secretary of State, (e.g. S-corporation, 3 limited liability company, limited liability partnership, etc.), and a copy of all 4 applicable formation and organizing documents for the entity. An applicant that is a foreign corporation shall provide a certificate of qualification issued 5 by the California Secretary of State. 6 8. The proposed days and hours of operation of the commercial cannabis 7 operation.

8 9. A scaled site plan, prepared by a licensed civil engineer or architect, of the 9 premises, including at minimum all buildings, structures, driveways, parking lots, landscape areas, and boundaries. 10 10. A scaled floor plan, prepared by a licensed civil engineer or architect, for each 11 level of each building on the premises, including the entrances, exits, walls and 12 operating areas. 13 11. A security plan satisfactorily addressing all required security measures identified in Section 18.49.150(H). 14 15 12. A transportation plan describing the procedures for safely and securely transporting cannabis and cannabis products and currency to and from the 16 premises.

17 13. A description of the odor control devices and techniques that will be used to 18 prevent odors from cannabis or cannabis products from becoming detectable off of the premises, in compliance with Section 18.49.150(G). 19 14. Procedures for identifying, managing, and disposing of litter, waste, and 20 contaminants and hazardous materials pursuant to Section 18.49.150(M)-(N). 21 15. A business plan, reflecting the capitalization of the proposed business and the 22 degree of training, professionalism and experience of the owner, managers and employees of the proposed business. 23 24 16. An operations plan, detailing the operating procedures of the proposed commercial cannabis business, tailored to the specific type of business 25 proposed. Such procedures shall address, without limitation, storage, handling and use of cannabis, cannabis products, and any other materials to be used or 26 contained in the proposed operation, handling of cash, equipment and methods 27 to be used, inventory procedures, lighting, signage and quality control procedures, as applicable. 28

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17. Written authorization to the City to conduct reasonable unannounced 1 inspections of the premises at the discretion of the City, including but not limited to inspection of security, inventory, and written records and files 2 pertaining to the commercial cannabis operation, for the purposes of ensuring 3 compliance with this Code and State law.

4 18. Evidence of compliance with all operating standards and requirements applicable to the proposed commercial cannabis operation, including but not 5 limited to as provided for by this chapter. 6 19. Evidence of compliance with all applicable insurance requirements under State 7 and local law, including but not limited to those established by the Director 8 pursuant to Section 18.49.130(A)(1) and 18.49.150(I). Endorsements reflecting the City’s status as an additional insured on all required policies 9 shall be provided by the applicant.

10 20. A copy of a valid and current seller’s permit issued by the CDTFA to the 11 applicant, or confirmation from the CDTFA that a seller’s permit is not required. If the applicant has not yet received a seller’s permit, an attestation 12 that the applicant is currently applying for a seller’s permit.

13 21. Identification of any and all other licenses and/or permits for commercial 14 cannabis operations issued by any licensing or permitting authority: 15 a. held currently by the applicant;

16 b. pending approval for the applicant; or 17 c. denied to, suspended for, or revoked from the applicant. 18 22. Signed authorization for the Director to seek verification of the information 19 contained in the application. 20 23. A written statement, signed under penalty of perjury by the applicant, 21 certifying that all of the information contained in the application is true and correct. 22 23 24. Evidence of compliance with State laws and regulations applicable to the proposed commercial cannabis operation. 24 25. Any additional information as is deemed necessary by the Director to 25 administer this chapter. 26 27 28

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Section 18.49.100 Director Review of Application for Commercial Cannabis 1 Business Permit.

2 A. Upon receipt of a commercial cannabis business permit application, the Director 3 shall review the application for completeness, including payment of the required fees. 4 B. If the Director determines that the application is incomplete, the Director shall 5 notify the applicant of such fact within thirty (30) days of receipt of the 6 application. If the applicant, after receiving such notice, re-submits an incomplete application to the City, the application shall be deemed abandoned. The applicant 7 may then submit a new application for review pursuant to the requirements of this chapter. 8 9 C. Upon receipt of a completed application, the Director shall investigate the information contained in the application to determine whether the application is in 10 compliance with the requirements of this chapter for potential issuance of a commercial cannabis business permit. 11 12 D. Upon completing his or her investigation of a completed application, the Director shall deem the application a qualified application, unless the Director finds any of 13 the following: 14 1. The applicant has made one or more false or misleading statements or 15 omissions, either on the written application form or during the application process; 16 17 2. The applicant has not satisfied each and every requirement of this chapter and code; or 18 3. The applicant is not in compliance with applicable State law. 19 20 E. Upon deeming an application a qualified application, the Director shall set the application for review by the City’s Planning Commission and shall make a 21 recommendation to the Planning Commission as to whether it should recommend approval or denial of the application based on satisfaction of the criteria set forth 22 in Section 18.49.110(B)-(C). The Director may also recommend the imposition of 23 reasonable conditions on the approval and maintenance of the permit, in addition to the requirements of this chapter, to ensure the safe operation of the commercial 24 cannabis operation, and to ensure the health, safety and welfare of the residents and visitors of the City. 25 26 Section 18.49.110 Planning Commission Review of Application for Commercial Cannabis Business Permit. 27 A. The Planning Commission shall review a qualified application at a duly noticed 28 public meeting of the Planning Commission within a reasonable time after the

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application is deemed qualified by the Director, and shall provide a written 1 recommendation on the application to the City Council. 2 B. The Planning Commission shall recommend approval of a qualified application to 3 the City Council only upon making a positive finding that the proposed operation will promote the overall health, safety and welfare of the City’s residents, based on 4 consideration of the following factors: 5 1. The proposed operating procedures are detailed, comprehensive, and 6 consistent with best practices and industry standards.

7 2. The proposed security plan is thorough and establishes high standards for 8 public safety, and for protection of cannabis and cannabis products against theft and diversion to unlawful uses. 9 3. The exterior appearance of the premises of the proposed operation is 10 aesthetically pleasing and architecturally consistent with surrounding uses. 11 4. The proposed operation is compatible with surrounding land uses. 12 5. The proposed operation will provide economic benefits to the City. 13 14 6. The proposed operation will provide employment opportunities for City residents. 15 7. The proposed operation will positively impact the community, based on 16 factors such as, without limitation, whether and to what extent the proposed 17 operation will offer or engage in community service, education, outreach and engagement programs. 18 8. The proposed operation will be sensitive to community concerns and is not 19 likely to result in negative or nuisance impacts on the community. 20 9. The proposed operation will maintain best practices with regards to 21 sanitation, cleanliness, and handling, treatment and disposal of waste, contaminants and hazardous materials. 22 23 10. The proposed operation will make efficient and safe use of energy, water and other resources. 24 11. The proposed operation is in compliance with the California Environmental 25 Quality Act. 26 12. The proposed operation is adequately capitalized. 27 28

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13. The owner, managers and employees of the proposed operation possess a 1 high degree of training, professionalism and experience. 2 14. The proposed operation meets all applicable requirements of this chapter, 3 this code and State law.

4 15. The proposed operation will be within an established Cannabis Business Zone. 5 6 16. The proposed operation satisfies any additional criteria that the Planning Commission determines is of benefit to making a determination of the 7 applicant’s commitment to the health, safety and welfare of the residents 8 and visitors of the City. 9 C. In evaluating a qualified application pursuant to above subsection (B), the Planning Commission shall consider the information contained in the application 10 as well as any additional information submitted by the applicant at or prior to the 11 hearing. If the Planning Commission finds that the applicant fails to satisfy three or more of the factors set forth in above subsection (B), the Planning Commission 12 shall recommend denial of the application to the City Council.

13 Section 18.49.120 City Council Review of Application for Commercial 14 Cannabis Business Permit. 15 A. Within a reasonable time after the Planning Commission has made a recommendation to the City Council regarding a qualified application, the City 16 Council shall make a final written determination on the qualified application at a properly noticed public meeting of the City Council. Factors to be considered by 17 the City Council include the findings and recommendation of the Planning 18 Commission as well as all pertinent evidence timely submitted to the City Council by the applicant, the public, and other interested parties. 19 B. The City Council shall not be bound by the findings or recommendation of the 20 Planning Commission, and shall be entitled, but not required, to conduct an 21 independent review of the application. If, upon review, the City Council makes an affirmative finding that the proposed operation will promote the overall health, 22 safety and welfare of the City’s residents pursuant to section 18.49.110(B), and 23 does not find that the applicant fails to satisfy three or more of the factors set forth in Section 18.49.110(B), the City Council shall grant the applicant a commercial 24 cannabis business permit.

25 C. The City Council may impose reasonable terms and conditions upon the use of the 26 commercial cannabis business permit that it deems necessary to ensure compliance with this chapter and applicable State law, and/or to ensure the safe operation of 27 the proposed operation and the health, safety and welfare of the residents and visitors of the City. 28

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Section 18.49.130 Continuing Obligations of Commercial Cannabis Operations. 1 A. Upon receiving a commercial cannabis business permit pursuant to this chapter, 2 the permit holder shall: 3 1. Prior to commencing operations, execute an agreement to indemnify, defend 4 and hold harmless (at the commercial cannabis business permit holder’s sole expense, the ability to do so demonstrated through proof of sufficient insurance 5 coverage to the satisfaction of the Director) the City, its elected officials, 6 employees, agents, officers, and representatives, and each and all of them individually, from all liability or harm arising from or in connection with all 7 claims, damages, attorney’s fees, costs and allegations arising from or in any way related to the operation of the commercial cannabis operation; and, to 8 reimburse the City for any costs and attorney’s fees that the City may be 9 required to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action. 10 2. Maintain continuing compliance with all applicable insurance requirements 11 imposed pursuant to local and State law at all times while operating pursuant to 12 the commercial cannabis business permit.

13 3. Maintain a valid seller’s permit issued by the CDTFA, to the extent required by the CDTFA under State law. 14 15 4. Maintain continuing compliance with the criminal history background check requirements of Section 18.49.150 at all times while operating pursuant to the 16 commercial cannabis business permit by ensuring that, immediately upon 17 hiring or association by the commercial cannabis operation of an employee who has not undergone the required background check, the permit holder 18 provides the Director the authority to obtain:

19 a. The results of a live scan or other criminal history background check, as 20 determined by the City, for the employee which was performed no earlier than ninety (90) days prior to the date of hiring or association of the 21 employee (or as soon as is practicable as determined by the Director); and

22 b. A color photocopy of either a valid California Driver’s License for the 23 employee, or equivalent identification of the employee approved by the Director. 24 5. Immediately update the Director in writing with correct and current contact 25 information when there is a change in the information previously provided to 26 the City relating to the individuals associated with the permit holder.

27 B. Failure to perform the requirements of this section shall render the permit holder’s commercial cannabis operation unlawful. 28

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Section 18.49.140 Renewal of Commercial Cannabis Business Permit. 1 A. The following procedure shall govern the process for renewal of a commercial 2 cannabis business permit: 3 1. Commercial cannabis business permits issued pursuant to this chapter shall be 4 renewed annually after their date of issuance subject to ministerial review, unless otherwise expressly provided. The following will be checked, but not 5 limited to: 6 i. Calls for Service ii. Loitering 7 iii. Public nuisance violations, etc. 8 2. A permit holder may apply to the Director for renewal of an existing permit no 9 less than 60 days, but no more than 90 days, prior to the permit’s expiration date. 10 3. Application for renewal shall be made through submittal of a commercial 11 cannabis business permit renewal application form provided by the City. 12 4. Applications for renewal shall contain all information and documentation 13 required by Section 18.49.090 for applications for new commercial cannabis permits, except as may be waived by the Director based on a finding that 14 certain required information is already possessed by the City, and upon receipt 15 of a certification from the permit holder to the effect that the information remains up to date and has not changed since it was submitted to the City. A 16 storefront retailer permitted pursuant to an RFA process shall be treated the 17 same as all other commercial cannabis business permit holders for purposes of renewal. 18 5. If a permit holder files a renewal application less than 60 days prior to permit 19 expiration, the holder must provide a written explanation detailing the 20 circumstances surrounding the late filing. 21 6. The Director may, but is not required to, accept the late-filed application for renewal. If the Director accepts the application, then the Director may elect to 22 administratively extend the permit beyond the expiration date pending the 23 Director’s review and decision upon the renewal application. 24 7. An application for renewal shall not be accepted unless it is accompanied by payment of the required fee for the renewal application set pursuant to 25 resolution of the City Council. 26 B. If the Director, upon review of a completed application for renewal of a 27 commercial cannabis business permit, determines that the commercial cannabis operation remains in compliance with all applicable requirements of this chapter, 28 all terms of any applicable development agreements, and other applicable City and

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State laws and regulations, the Director shall approve the application and renew 1 the permit. If the Director determines that the commercial cannabis operation has not remained in compliance, the Director shall deny the application. Decisions of 2 the Director may be appealed to the City Council for review in accordance with 3 the provisions of Section 18.49.220(E) of this chapter. 4 C. A commercial cannabis business permit is immediately invalid upon its expiration 5 date if it is not renewed by such date (with the exception of extensions pursuant to Section 18.49.140(A)(5)). In the event the permit is not renewed prior to 6 expiration, the affected commercial cannabis operation shall be required to cease 7 operation, and any continued operation after expiration is unlawful.

8 Section 18.49.150 General Operating Standards and Restrictions. 9 The following operating standards and restrictions shall apply to all commercial 10 cannabis operations and activities in the City, and shall be deemed conditions of 11 issuance and use of all commercial cannabis business permits: 12 A. Commercial cannabis operations shall comply with all applicable State laws and 13 regulations as well as the requirements of this chapter and other applicable City laws and regulations. 14 15 B. All commercial cannabis activities shall be conducted within a fully enclosed building or structure which shall be closed to the general public (except storefront 16 retailers may be open to the public during normal business hours pursuant to Section 18.49.160). Neither cannabis nor cannabis products shall be visible from 17 the public right-of-way. 18 C. No person under twenty-one (21) years of age shall be allowed access to any 19 portion of the premises of any commercial cannabis operation at any time. 20 D. Signs shall be posted conspicuously on the premises indicating that the site is not 21 open to the public (except permitted storefront retailers need not post such signs) and that minors are prohibited from entering the site. 22 23 E. Notwithstanding any other provision of this Code, all commercial cannabis operation premises (except permitted storefront retailers) shall be screened to a 24 height of seven feet with fencing consisting of materials permitted by Suisun City Code Chapter 18.34, as may be amended. 25 26 F. All premises must maintain the required lot setbacks pursuant to the City standards applicable to the underlying zoning district in which the premises are located. 27 G. All premises must be equipped with an air treatment system sufficient to ensure 28 that off-site odors shall not result from its activities. The premises shall be

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designed to provide sufficient odor absorbing ventilation and exhaust systems so 1 that any odor generated inside the location of the commercial cannabis operation is not detected outside the building, on adjacent properties or public rights-of-way, or 2 within any other unit located within the same building as the commercial cannabis 3 operation, if the use occupies a portion of a building.

4 H. All commercial cannabis operations shall maintain the following security standards: 5

6 1. If the premises are available for public access, such access must be through a single secured vestibule area designed to allow for identification confirmation 7 prior to entry into the main lobby area. 8 2. All areas of the premises where cannabis or cannabis products are cultivated, 9 tested, manufactured, or stored shall be separated from any areas which are available to public access, and shall be secured by lock accessible only to 10 authorized personnel of the commercial cannabis operation. 11 3. All authorized personnel of commercial cannabis operations shall wear badges 12 or other identification issued by the owner of the operation at all times while on the premises. 13 14 4. All premises shall be equipped with high definition security surveillance cameras, which shall be installed and maintained in good condition at all times. 15 The security surveillance camera system shall be in continuous use 24 hours per day, seven days per week, and shall be capable of monitoring all doors, 16 windows, parking lots, areas where cannabis or cannabis products are located, 17 areas adjacent to the exterior walls of all buildings and structures on the premises, and other areas as deemed necessary by the Director. Recordings 18 generated by the security surveillance camera system shall be maintained by the commercial cannabis operation for a minimum of 90 days. The recording 19 system must be capable of exporting the recorded video in standard MPEG 20 formats (or other formats approved or required by the Director) to a common medium such as a USB drive, DVD or other medium approved by the Director. 21 Recordings shall be made available to the City immediately upon request. Additionally, remote log-in information shall be provided to the City’s Police 22 Department to allow City police officers and/or other City officers and 23 employees to view live and recorded security camera images remotely at any time. 24 5. The premises shall have sufficient lighting such that all areas subject to 25 monitoring by the security surveillance camera system shall be visible to all 26 cameras of the system at all times.

27 6. Sensors shall be installed to detect entry and exit from all secured areas. 28

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7. The premises shall be equipped with a centrally-monitored fire and burglar 1 alarm system and monitored by an alarm company properly licensed by the State of California Department of Consumer Affairs Bureau of Security and 2 Investigative Services in accordance with Business & Professions Code 3 Sections 7590 et seq., and whose agents are properly licensed and registered under applicable law, all subject to approval by the Director. 4 8. The premises shall have one or more secured transport areas from which all 5 vehicular transportation of cannabis and cannabis products to and from the 6 premises shall occur.

7 9. At least one security guard licensed by and in good standing with the Bureau 8 of Security and Investigative Services shall be on the premises at all times. The number of security personnel required to be present on any premises at any 9 time, or at all times, may be adjusted as deemed necessary by the Director in consultation with the City’s Chief of Police. 10 11 10. If security bars for doors or windows are used, such security bars shall be placed on the interior side of such doors and windows, and must comply with 12 applicable State building standards.

13 11. Commercial cannabis operations must designate an employee to act as a liaison 14 to the City and its Police Department and must provide the City and its Police Department with the phone number and email address of the liaison. The 15 liaison shall be reasonably available to meet with City or Police Department officials representatives as requested by the City or its Police Department. 16 17 12. Commercial cannabis operations must report any of the following occurrences to the Police Department within twenty-four (24) hours of discovery thereof: 18 a. Suspected theft of inventory or equipment, or significant unexplained 19 discrepancies relating thereto; 20 b. Security breaches, including but not limited to burglaries; 21 c. Loss or unauthorized alteration of records subject to City inspection 22 pursuant to this chapter; and 23 d. Any criminal activity or suspected criminal activity taking place on the 24 premises.

25 13. Commercial cannabis operations shall have the capacity to remain secure 26 during a power outage. Access doors with locks shall not be controlled solely by an electronic access panel. 27 28 I. Commercial cannabis operations shall maintain insurance coverage in amounts satisfactory to the Director which evidence compliance with all applicable

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insurance requirements as provided for by this chapter, local law and State law. 1 Minimum insurance levels shall be determined by the Director after an assessment of the risks posed by the commercial cannabis operation, including provision for 2 meeting the requirements of Section 18.49.130(A)(1). The City shall be named as 3 an additional insured on all required policies.

4 J. Commercial cannabis operations shall maintain on-site the following records in paper or electronic form: 5 6 1. The full name, address, and telephone number of the owner and any lessee of the property. 7 8 2. The name, date of birth, and telephone number, and job title or position of each employee of the commercial cannabis operation. 9 3. Copies of all required State licenses. 10 11 4. An inventory record documenting the dates and amounts of cannabis and cannabis products received at the site, the daily amounts of cannabis and 12 cannabis products on the site, and the daily amounts of cannabis and cannabis products leaving the site for any reason, including but not limited to sale, 13 delivery and distribution. 14 5. A written accounting of all expenditures, costs, revenues and profits of the 15 commercial cannabis operation, including but not limited to cash and in-kind transactions. 16 17 6. A copy of all insurance policies held by or related to the commercial cannabis operation. 18 7. A copy of the commercial cannabis operation’s financial statement and tax 19 return for the most recent previous year. 20 8. A copy of the required valid and current State license and City-issued 21 commercial cannabis business permit. 22 K. All records required to be maintained by commercial cannabis operations pursuant 23 to this chapter shall be maintained for three years and are subject to immediate inspection upon request by the City, subject to applicable State and federal law 24 requirements relating to medical confidentiality or other applicable privacy restrictions. 25 26 L. Employees; Background Checks; Identification.

27 1. All employees must submit to fingerprinting and criminal background checks 28 by the City.

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1 a. No individual convicted within the last ten years of a felony substantially 2 related to the qualifications, functions or duties of an employee of a commercial cannabis operation (such as a felony conviction for distribution 3 of controlled substances (except cannabis), money laundering, 4 racketeering, etc.) shall be involved in the operation or ownership of a commercial cannabis business, unless such employee has obtained a 5 certificate of rehabilitation (expungement of felony record) under California law or under a similar federal statute or state law where the 6 expungement was granted. 7 b. At the request of the commercial cannabis operation, the Director and 8 Police Chief shall determine the applicability of a waiver of this section to 9 a potential employee for good cause within a reasonable period of time after a written request has been made to the Director and Police Chief for 10 such determination.

11 2. All employees and owners must possess a valid government issued (or 12 equivalent) form of identification containing an identifying photograph of the employee, the name of the employee, the date of birth of the employee, and the 13 residential address of the employee or owner. Color copies of such identification shall be maintained at the location of the commercial cannabis 14 operation. A valid California Driver’s license will satisfy this requirement. 15 M. Commercial cannabis operations shall ensure at all times that all cannabis and 16 cannabis products on-site remains free of harmful contaminants, including but not limited to pesticides, mold and fungus. Commercial cannabis operations shall 17 establish, implement, and at all times maintain written procedures to ensure 18 compliance with this subsection.

19 N. Commercial cannabis operations shall ensure that litter and waste, including chemical and organic waste, are properly and regularly removed from the 20 premises, that waste disposal operating systems are maintained in an adequate 21 manner so as not to constitute a source of contamination in areas where cannabis is exposed, and that hazardous materials and waste are properly stored, handled and 22 disposed of in accordance with applicable law. Commercial cannabis operations shall establish, implement, and at all times maintain written procedures to ensure 23 compliance with this subsection. 24 O. Commercial cannabis operations shall not result in a nuisance or adversely affect 25 the health, welfare, or safety of nearby persons by creating dust, glare, heat, noise, noxious gases, odors, smoke, traffic, vibration, or other impacts, or be hazardous 26 due to use or storage of materials, processes, products or waste. The permittee 27 shall promptly and diligently both prevent as well as eliminate conditions on the site of the commercial cannabis operation that constitute a nuisance. 28

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P. Notwithstanding any provision of this Code to the contrary, commercial cannabis 1 business permittees shall remove all graffiti from the site and parking lots under the control of the commercial cannabis business permittee within twenty-four (24) 2 hours of its application. 3 Section 18.49.160 Commercial Cannabis Retailer (Storefront and Non- 4 Storefront): Establishment, Operating Standards and Restrictions. 5 6 A. Storefront retailers (State license Type 10) shall be subject to the general operating standards and restrictions set forth in section 18.49.150 and to the following 7 minimum standards and restrictions, all of which shall be deemed conditions of any commercial cannabis business permit for a storefront retailer operation: 8 9 1. No more than three commercial cannabis business permit for a storefront retailer shall be active or valid in the City at any one time. In the event no such 10 permits are active and valid in the City at any given time, the Director, in his or her discretion, may initiate an RFA process to accept applications in 11 accordance with Section 18.49.160(B). Applications for commercial cannabis 12 business permits for storefront retailers shall not be accepted other than pursuant to the RFA process. 13 2. Storefront retailers may be permitted to operate only in the following zones: 14 Zoning Ordinance (CSF – Commercial Services Fabricating, CMU – 15 Commercial Mixed Use), and Waterfront Specific Plan (DMU – Downtown Mixed Use, MSMU – Main Street Mixed Use). 16 17 Type Zone Type 1A = Cultivation; Specialty Indoor; Small. CSF 18 Type 1B = Cultivation; Specialty Mixed-Light; Small. CSF 19 Type 2A = Cultivation; Indoor; Small. CSF Type 2B = Cultivation; Mixed-Light; Small. CSF 20 Type 3A = Cultivation; Indoor; Medium CSF 21 Type 3B = Cultivation; Mixed-Light; Medium CSF Type 4 = Cultivation; Nursery. CSF 22 Type 5A = Cultivation; Indoor; Large. CSF 23 Type 5B = Cultivation; Mixed-Light; Large. CSF Type 6 = Manufacturer 1 (extractions using mechanical methods CSF 24 or nonvolatile solvents). Type 7 = Manufacturer 2 (extractions using volatile solvents). CSF 25 Type N = Manufacturer (no extractions, pursuant to 17 CCR § CSF 26 40118, and as may be amended). Type P = Manufacturer (packaging and labeling only, pursuant CSF 27 to 17 CCR § 40118, and as may be amended). Type 8 = Testing Laboratory. CSF, CMU, DMU 28 Type 9 = Non-Storefront Retailer (by delivery only, pursuant to CSF, DMU Ordinance No. Adopted Page 33 of 48 211 Item 11 Attachment 1

16 CCR § 5414, and as may be amended). 1 Type 10 = Retailer. CSF, CMU, DMU, MSMU 2 Type 11 = Distributor. CSF 3 Type 12 = Microbusiness CSF, CMU, DMU, MSMU 4 Type 13 = Distributor (transport only, pursuant to 16 CCR § CSF 5 5315, and as may be amended). Cultivation License Types for Indoor or Mixed-Light pursuant to CSF 6 3 CCR § 8201, and as may be amended). Type 14 = Consumption cafe/lounge CMU, DMU, MSMU 7 8 3. Storefront retailers may be open to the public only during normal operating 9 hours. Normal operating hours are limited to 8:00 a.m. to 10:00 p.m., Monday through Sunday. 10 11 4. Storefront retailers shall have an operable electronic point-of-sale system, which produces historical transactional data available for review by the 12 Director upon request, on the premises of the storefront retailer at all times during operating hours. All retail sales of cannabis and cannabis products 13 transacted by the storefront retailer shall be entered into or otherwise recorded 14 by the electronic point-of-sale system. 15 5. A manager must be present on the premises of the storefront retailer at any time that any person, other than security personnel, is on the premises. 16 17 6. Smoking, ingesting or consuming cannabis or cannabis products must take place within designated approved consumption area/lounge in accordance with 18 this ordinance and State Law and must not take place at or within 20 feet of the premises of a storefront retailer is prohibited. 19 20 7. Storefront retailers shall not provide free cannabis or cannabis products, except in accordance with Title 16, Section 5411 of the California Code of 21 Regulations, and as may be amended. 22 8. Storefront retailers shall not sell mature or flowering plants. 23 9. Storefront retailers shall not sell or dispense alcohol from their premises, and 24 no alcohol shall be consumed on the premises. 25 10. Odor control devices and techniques shall be used to prevent odors from 26 cannabis or cannabis products from becoming both detectable off of the premises, in compliance with Section 18.49.150(G), and from becoming 27 detectable beyond reasonable levels (as determined by the Director) inside the premises. 28

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1 11. Proof of the required State license and City-issued commercial cannabis 2 business permit, and a copy of all requests/orders for deliveries being made, shall be carried at all times in vehicles being used to make deliveries on behalf 3 of a storefront retailer, and shall be immediately available upon request from 4 law enforcement officers.

5 12. Storefront retailers shall take reasonable steps to discourage and correct activities or conditions that are illegal or that constitute a nuisance in parking 6 areas, sidewalks, alleys and other areas surrounding or adjacent to the premises 7 of the storefront retailer during operating hours, if such conduct is related to the storefront retailer operation or any of its owners, managers, employees, 8 agents, representatives, contractors, or customers. Reasonable steps shall 9 include immediately calling the police upon observation of any such activity, and requesting that any person engaging in such activity immediately cease the 10 activity, unless personal safety would be at risk in making the request.

11 13. An approved and permitted storefront retailer/dispensary may also deliver 12 medicinal and adult-use cannabis and cannabis products for retail sale subject to the limitations and operating regulations of Section 18.49.160(C). 13 B. Storefront Retailers/Dispensaries: Request for Applications (RFA) Process. 14 15 1. Applications for storefront retailers (State license Type 10) may only be accepted pursuant to a Request for Applications (RFA) process conducted 16 pursuant to this subsection. Notwithstanding Sections 18.49.100, 18.49.110, and 18.49.120, applications for storefront retailers shall be reviewed and 17 approved in accordance with this subsection. 18 2. Whenever there is no existing commercial cannabis business permit for a 19 storefront retailer in the City (including after a previously-issued permit has been permanently revoked or voluntarily forfeited, or expired without being 20 renewed), the Director, in his or her discretion, may initiate and conduct an 21 RFA process. The Director may promulgate regulations to guide the RFA process, subject to compliance with this subsection. 22 3. Upon initiating an RFA process, the Director shall prepare an RFA for the 23 purpose of soliciting applications for establishment of a storefront 24 retailer/dispensary in the City. Responses to the RFA, including regulations and other requirements that the Director may promulgate to guide the RFA 25 process, shall be deemed applications for City-issued commercial cannabis business permits for storefront retailers, pursuant to Sections 18.49.080 and 26 18.49.090. In the event generally applicable procedures and requirements of 27 this chapter conflict with Sections 18.49.080 and/or 18.49.090, this subsection (B) and section 18.49.160(A) shall govern. 28

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4. The City Manager shall develop, for Council approval, a process for reviewing 1 and selecting a recommended operator of a storefront retailer from applications received through the RFA process. The recommended operator for a 2 commercial cannabis business permit to operate a storefront retailer/dispensary 3 shall be approved for issuance of a commercial cannabis business permit by the City Council. 4 5. Notwithstanding any provision of this subsection (B), the City Council shall 5 not be obligated at any time to approve any application for issuance of a 6 commercial cannabis business permit for a storefront retailer/dispensary.

7 6. Renewal of commercial cannabis business permits issued pursuant to this 8 subsection (B) shall be conducted in accordance with Section 18.49.140. 9 C. Non-storefront retailers shall be subject to the general operating standards and restrictions set forth in section 18.49.150 and to the following minimum standards 10 and restrictions, all of which shall be deemed conditions of any commercial 11 cannabis business permit for a non-storefront retailer operation: 12 1. Non-storefront retailers based within the City that are not directly associated with and co-located with a permitted storefront retailer/dispensary must be 13 located within an approved Cannabis Business Zone and must obtain a 14 commercial cannabis business permit. 15 2. Non-storefront retailers may sell medicinal and adult-use cannabis and cannabis products, and all such sales shall be by delivery only. 16 17 3. Deliveries of cannabis and cannabis products shall only occur within the City by a commercial cannabis operation properly licensed or permitted to engage 18 in cannabis deliveries by both the State of California as well as the originating jurisdiction of the delivery. 19 20 4. Non-storefront retailers delivering cannabis and cannabis products within the City shall have a valid City business license. Non-storefront retailers based 21 outside of the City (i.e. having no business premises in the City) are not required to obtain a commercial cannabis business permit. 22 23 5. No cannabis or cannabis products shall be sold directly from the premises of a non-storefront retailer. 24 6. The premises of non-storefront retailers shall be closed to the general public at 25 all times, and shall be accessible only to employees and persons with a bona 26 fide business or regulatory purpose for accessing the premises.

27 7. A manager must be present on the premises of the non-storefront retailer at any 28 time that any person other than security personnel is on the premises.

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1 8. No employee or other person acting on behalf of a non-storefront retailer may 2 possess during deliveries, or deliver, more than $5,000 total worth of cash, cannabis and/or cannabis products at any given time. 3 4 9. No delivery of cannabis or cannabis products shall be made to any person other than the person who requested the delivery, except, for deliveries of medicinal 5 cannabis or medicinal cannabis products, when the person requesting the delivery is a qualified patient and the person receiving the delivery is his or her 6 primary caregiver, or vice versa. 7 10. Any person who is present on the premises of the non-storefront retailer who is 8 not an employee, officer, agent, or representative of the non-storefront retailer 9 must sign in and wear a “visitor” identification badge at all times while on the premises. 10 11. Proof of the required State license and City-issued commercial cannabis 11 business permit, and a copy of all requests/orders for deliveries being made, 12 shall be carried at all times in vehicles being used to make deliveries on behalf of a non-storefront retailer, and shall be immediately available upon request 13 from law enforcement officers.

14 Section 18.49.170 Commercial Cannabis Distribution Operating Standards 15 and Restrictions. 16 Commercial cannabis operations involving the distribution of cannabis and cannabis products in the City shall be subject to the general operating standards and restrictions 17 set forth in section 18.49.150 and to the following minimum standards and restrictions, all of which shall be deemed conditions of any commercial cannabis 18 business permit for a distribution operation: 19 A. Distribution may be conducted only by commercial cannabis operations possessing 20 a valid and current Type 11 (Distributor) State license issued pursuant to Division 10 of the Business & Professions Code, or a Type 13 (Distributor – Transport 21 Only) State license pursuant to 16 CCR §5315, as well as a City-issued 22 commercial cannabis business permit.

23 B. Distribution operations shall distribute cannabis and cannabis products only 24 between licensed commercial cannabis operations. 25 C. Distribution operations shall not conduct retail sales of cannabis or cannabis products. 26 27 D. Distribution operations shall not distribute any cannabis or cannabis products to retail operations unless such cannabis or cannabis products has been properly 28 tested and approved for retail sale pursuant to State law.

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1 E. Upon demand by any City law enforcement officer, a distributor shall make 2 immediately available copies of any required shipping manifests as understood by Section 26070(f) of the Business and Professions Code. 3 4 Section 18.49.180 Commercial Cannabis Manufacturing Operating Standards and Restrictions. 5 Commercial cannabis operations involving the manufacturing of cannabis and 6 cannabis products in the City shall be subject to the general operating standards and 7 restrictions set forth in section 18.49.150 and to the following minimum standards and restrictions, all of which shall be deemed conditions of any commercial cannabis 8 business permit for a manufacturing operation:

9 A. Manufacturing may be conducted only by commercial cannabis operations possessing a valid and current manufacturing State license issued pursuant to 10 Division 10 of the Business & Professions Code (or pursuant to State regulations) 11 as well as a City-issued commercial cannabis business permit.

12 B. Manufacturer 1 (Type 6) permittees (as defined by Division 10 of the Business and 13 Professions Code) shall utilize only manufacturing processes that are either solventless or that employ only nonflammable, nontoxic solvents that are generally 14 recognized as safe pursuant to the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.). 15 16 C. Manufacturer 2 (Type 7) permittees shall utilize only manufacturing processes that use solvents exclusively within a closed-loop system that meets all of the 17 following requirements:

18 1. The system uses only solvents that are generally recognized as safe pursuant to 19 the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.) 20 2. The system is designed to recapture and contain solvents during the manufacturing process, and otherwise prevent the off-gassing of solvents into 21 the ambient atmosphere to mitigate the risks of ignition and explosion during 22 the manufacturing process.

23 3. A licensed engineer certifies that the system is commercially manufactured, safe for its intended use, and built to codes of recognized and generally 24 accepted good engineering practices, including, but not limited to, the 25 American Society of Mechanical Engineers (ASME), the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American 26 Society for Testing and Materials (ASTM), or OSHA Nationally Recognized Testing Laboratories (NRTLs). 27 28

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4. The system has a certification document that contains the signature and stamp 1 of a professional engineer and the serial number of the extraction unit being certified. 2

3 D. Fire Safety Plan.

4 1. Manufacturing operations shall not commence until written approval is received from the Director for a completed Fire Safety Plan for the operation. 5

6 2. An application for a renewal of a Commercial Cannabis Operation Permit for manufacturing shall not be approved until an inspection of the site occurs by 7 the Director which affirms that both the operation remains in compliance with 8 the approved Fire Safety Plan (or an amended Fire Safety Plan as determined by the Director) and that any further actions that need to be taken in the 9 determination of the Director are taken to ensure that all applicable and necessary health and safety requirements are met. 10 11 E. The premises shall be equipped with an automatic fire sprinkler system, in accordance with NPFA 13, the California Fire Code (including but not limited to 12 Section 903), as adopted by the City, and the Suisun City Code.

13 F. Certified Industrial Hygienist (CIH). 14 1. The permittee must provide for, maintain, and follow a detailed plan prepared 15 by a CIH, and approved by the Director, to ensure the appropriate health and safety procedures including, but not limited to, procedures necessary to control 16 hazards, for use of proper protective equipment, product safety, compliance 17 with Cal OSHA limits, to provide specifications for ventilation controls, and ensure environmental protections, are adopted and used by the operation on a 18 continuing basis.

19 2. The Director may establish further written requirements for the plan, including 20 but not limited to required inspections by the CIH and a hazardous materials management plan. Upon reasonable determination by the Director, the 21 permittee shall be required to update or amend the approved plan to the satisfaction of the Director. 22

23 G. All processing and analytical testing devices used by the operation must be UL listed, or otherwise approved for the intended use by the Director. Any processing 24 devices using only non-pressurized water are exempt from such approval.

25 H. All chemical waste and hazardous material used, generated or associated with the 26 operation must be disposed of in a manner which is approved by the Director before disposal occurs, and which is compliant with all local, State and federal 27 guidelines for the disposal of hazardous materials. 28

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I. The permittee must provide for and maintain a waste treatment system which is 1 approved by the Director so as to prevent contamination in areas where cannabis or cannabis products may be exposed to waste or waste by-products. 2 3 Section 18.49.190 Commercial Cannabis Testing Operating Standards and Restrictions. 4 Commercial cannabis operations involving the testing of cannabis and cannabis 5 products in the City shall be subject to the general operating standards and restrictions 6 set forth in section 18.49.150 and to the following minimum standards and restrictions, all of which shall be deemed conditions of any commercial cannabis 7 business permit for a testing operation:

8 A. Testing may be conducted only by commercial cannabis operations possessing a valid and current Type 8 (Testing Laboratory) State license issued pursuant to 9 Division 10 of the Business & Professions Code as well as a City-issued 10 commercial cannabis business permit.

11 B. Testing operations shall be and remain at all times independent from all other 12 persons and entities involved in commercial cannabis operations other than testing operations. 13 C. Fire Safety Plan. 14 15 1. Testing operations shall not commence until written approval is received from the Director for a completed Fire Safety Plan for the operation. 16 2. An application for a renewal of a Commercial Cannabis Operation Permit for 17 testing shall not be approved until an inspection of the site occurs by the 18 Director which affirms that both the operation remains in compliance with the approved Fire Safety Plan (or an amended Fire Safety Plan as determined by 19 the Director) and that any further actions that need to be taken in the determination of the Director are taken to ensure that all applicable and 20 necessary health and safety requirements are met. 21 D. The premises shall be equipped with an automatic fire sprinkler system, in 22 accordance with NPFA 13, the California Fire Code (including but not limited to Section 903), as adopted by the City, and the Suisun City Code. 23

24 E. Certified Industrial Hygienist (CIH).

25 1. The permittee must provide for, maintain, and follow a detailed plan prepared by a CIH, and approved by the Director, to ensure the appropriate health and 26 safety procedures including, but not limited to, procedures necessary to 27 control hazards, for use of proper protective equipment, product safety, compliance with Cal OSHA limits, to provide specifications for ventilation 28

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controls, and ensure environmental protections, are adopted and used by the 1 operation on a continuing basis. 2 2. The Director may establish further written requirements for the plan, including 3 but not limited to required inspections by the CIH and a hazardous materials management plan. Upon reasonable determination by the Director, the 4 permittee shall be required to update or amend the approved plan to the satisfaction of the Director. 5 6 F. All processing and analytical testing devices used by the operation must be UL listed, or otherwise approved for the intended use by the Director. Any 7 processing devices using only non-pressurized water are exempt from such 8 approval. 9 G. Operation Requirements. The testing operation shall be comply with the following requirements: 10 11 1. Conduct all testing in a manner pursuant to Section 26100 of the Business and Professions Code, and as amended, subject to State and local laws and 12 regulations.

13 2. Conduct all testing in a manner consistent with general requirements for the 14 competence of testing and calibration activities, including sampling using verified methods. 15 3. Obtain and maintain ISO/IEC 17025 accreditation as required by the State. 16

17 4. Destroy the remains of the sample of cannabis or cannabis products upon the 18 completion of analysis as determined by the State through regulations. 19 5. Dispose of any waste byproduct resulting from testing operations in the 20 manner required by State and local laws and regulations.

21 Section 18.49.200 Commercial Cannabis Cultivation Operating Standards 22 and Restrictions 23 Commercial cannabis operations involving the cultivation of cannabis in the City shall be subject to the general operating standards and restrictions set forth in section 24 18.49.150 and to the following minimum standards and restrictions, all of which shall 25 be deemed conditions of any commercial cannabis business permit for a cultivation operation: 26 A. Cultivation may be conducted only by commercial cannabis operations possessing 27 a valid and current State license authorizing indoor or mixed-light (but not outdoor) cultivation issued pursuant to Division 10 of the Business & Professions 28

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Code (or State regulations), as well as a City-issued commercial cannabis business 1 permit. 2 B. Applications for a City-issued commercial cannabis business permit for cultivation 3 operations require a detailed description of the proposed operation’s energy and water usage plan, providing for best practices and leading industry practices in 4 efficient utilization of energy and water. 5 C. Water. 6 1. The water supply shall be sufficient for the operations intended, shall comply 7 with all State regulations, and shall be derived from a source that is a regulated 8 water system. Private water supplies shall be derived from a water source that is capable of providing a safe, potable, and adequate supply of water to meet 9 the facility’s needs.

10 2. Plumbing shall be of adequate size and design and adequately installed and 11 maintained to carry sufficient quantities of water to required locations throughout the plant and that shall properly convey sewage and liquid 12 disposable waste from the facility. There shall be no cross-connections between the potable and waste water lines. 13 14 D. Cannabis cultivation shall take place inside fully enclosed structures, and cannabis cultivation areas shall be secured at all times and shall be separated from all other 15 portions of the premises.

16 E. Each building with a cultivation area shall have adequate storage space for 17 cannabis that has completed the cultivation process or is otherwise not being cultivated. The storage areas shall be separated from the main entrance and lobby, 18 and shall be secured by a lock accessible only to employees of the permittee. 19 F. Electricity used for cannabis cultivation shall not exceed the rated wattage and 20 capacity of the circuit breaker.

21 G. Sufficient lighting must be used in all areas where cannabis is cultivated and stored, and where equipment or utensils are cleaned, so that at all times the items 22 and activities in these areas are fully visible to both any security cameras covering 23 the areas as well as the naked eye. All lighting shall be shielded so as to completely confine light and glare to the interior of the cannabis cultivation area. 24 H. Floors, walls, and ceilings in cultivation areas shall be constructed in such a 25 manner that they may be adequately cleaned and kept clean and kept in good 26 repair.

27 I. All chemical waste and hazardous material used, generated or associated with the 28 operation must be disposed of in a manner which is approved by the Director

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before disposal occurs, and which is compliant with all local, State and federal 1 guidelines for the disposal of hazardous materials.

2 J. The permittee must provide for and maintain a waste treatment system which is 3 approved by the Director so as to prevent contamination in areas where cannabis or cannabis products may be exposed to waste or waste by-products. 4 Section 18.49.210 Application Fees. 5 6 An application fee set by resolution of the City Council shall be required for formal processing of every application made under this chapter. The City Council is 7 authorized to adopt resolutions to recover any and all fees and costs incurred in the administration and enforcement of this chapter through an appropriate fee recovery 8 mechanism to be imposed upon commercial cannabis operations. 9 Section 18.49.220 Commercial Cannabis Business Permit Suspension and 10 Revocation.

11 A. The Director is authorized to suspend and/or revoke any commercial cannabis business permit issued pursuant to this chapter upon the determination through 12 written findings of a failure to comply with any provision of this chapter, any 13 permit condition, or any agreement or covenant as required pursuant to this chapter. 14 B. Prior to suspension or revocation of a commercial cannabis business permit, the 15 permittee shall be provided with a written notice which details the violation(s). 16 The permittee shall have seven (7) days to cure the violation to the satisfaction of the Director. The seven (7) day cure period may be extended by the Director or the 17 City Council for reasonable cause. 18 C. The Director may suspend or revoke a commercial cannabis business permit if he 19 or she determines that any of the following have occurred:

20 1. The Director determines that the permit holder has failed to comply with any 21 provision of this chapter, any permit condition, or any agreement or covenant as required pursuant to this chapter; 22 2. The permit holder’s equivalent State license has been suspended or revoked by 23 the State of California; 24 3. The permit holder has ceased operations for more than 180 calendar days 25 (including during any change of ownership, if applicable);

26 4. Ownership is changed without securing a new commercial cannabis business 27 permit.

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5. The permit holder has failed to maintain required security camera recordings; 1 or

2 6. The permit holder has failed to allow inspection of the security recordings, the 3 activity logs, the records, or the premises of the site by authorized City officials pursuant to this chapter. 4 7. The permit holder has failed to comply with the terms of an applicable 5 Development Agreement. 6 D. Conditions (if any) of suspension or revocation are at the discretion of the Director 7 and may include, but are not limited to, a prohibition on all owners, operators, 8 managers and employees of the suspended or revoked Commercial Cannabis Operation from operating within the City for a period of time set forth in writing 9 and/or a requirement (when operations may resume, if at all, pursuant to the Director’s determination) for the holder of the suspended or revoked permit to 10 resubmit an application for a commercial cannabis business permit pursuant to the 11 requirements of this chapter.

12 E. Decisions of the Director made pursuant to this section may be appealed to the 13 City Council by filing a notice of appeal with the City Clerk within ten (10) days of receiving notice of the permit suspension or revocation. The notice of appeal 14 shall specify the grounds for the appeal. The Council shall fix a time and place for 15 hearing the appeal, and the City Clerk shall give written notice to the appellant of the time and place of the hearing via certified mail, return receipt requested, 16 addressed to the address specified in the appellant’s permit. The appeal shall be heard by the City Council within forty-five days following the date the appeal is 17 filed with the City Clerk. The findings and decision of the Council shall be final 18 and conclusive, and shall be served upon the applicant, in the manner prescribed in this subsection for service of notice of hearing, within thirty days of the hearing 19 date. The provisions of Sections 1094.5 and 1094.6 of the Code of Civil Procedure set forth the procedure for judicial review of any final determination. 20 21 Section 18.49.230 Cultivation of Cannabis for Personal Use. 22 The following regulations shall apply to the cultivation of cannabis for personal use within the City: 23 A. Total cultivation is limited to no more than six (6) living cannabis plants per 24 private residence at any one time. 25 B. Only persons who are twenty-one (21) years of age or older may participate in any 26 part of the cultivation process.

27 C. Cultivation shall not take place at any place other than private residences. 28

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D. Persons who cultivate cannabis for personal use shall reside full-time on the 1 premises where the cannabis cultivation occurs. 2 E. None of the cannabis plants, nor any cannabis produced by the plants in excess of 3 28.5 grams, shall be visible by normal unaided vision from any place regularly accessible to the general public. 4 F. All cannabis produced by cannabis plants in excess of 28.5 grams shall be kept in 5 a fully enclosed and locked structure located on the residential premises of the 6 person(s) cultivating the cannabis.

7 G. Structures in which cannabis is cultivated shall comply with all applicable State 8 and local health, safety, buildings and fire standards, including but not limited to the California Buildings Standards Code, as adopted by the City of Suisun City. 9 H. Use of gasses (such as carbon dioxide, butane, propane and natural gas) for 10 personal cannabis cultivation is prohibited. 11 I. Private residences used for cannabis cultivation (whether such cultivation occurs 12 within the main residence or an accessory structure) shall maintain fully functional kitchen, bathroom and bedroom facilities, and shall not be used primarily or 13 exclusively for cannabis cultivation. 14 J. Cannabis cultivation areas shall be locked when not in use by authorized persons. 15 K. Cannabis cultivation areas shall not be readily accessible to persons under twenty- 16 one (21) years of age, regardless of whether such persons reside at the private 17 residence used for cultivation.

18 L. If the person(s) engaging in cannabis cultivation are not the property owners of the private residence being used for cultivation, such person(s) must obtain express 19 consent of the property owner(s) prior to engaging in cannabis cultivation. 20 M. The odor resulting from cannabis cultivation shall not be detectable by human 21 senses from any neighboring property or public right-of-way. If deemed necessary by the Director to ensure that no odor resulting from cannabis cultivation shall be 22 detectable by human senses from any neighboring property or public right-of-way, 23 a personal cannabis cultivator shall install and continuously operate a functioning ventilation and filtration system which complies with all applicable building code 24 regulations, including obtaining all required permits and approvals. 25 N. Cannabis cultivation shall not result in emission of dust, glare, heat, gases, smoke, 26 odors, fumes, particles, hazardous waste, or other impacts which constitute a nuisance or adversely affect the health, safety or welfare of any occupants of the 27 subject property or of the surrounding area. 28

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Section 18.49.240 Administration. 1 Further rules, regulations, procedures and standards for the administration and 2 implementation of this chapter may be adopted from time to time either by resolution 3 or ordinance of the City Council, by the Director (pursuant to authorization by resolution of the City Council), or as further provided by this chapter. 4 Section 18.49.250 Violations and Penalties. 5 A. Any violation of the provisions of this chapter is punishable as a misdemeanor or 6 an infraction, at the discretion of the city prosecutor, pursuant to Chapter 1.08 of 7 the Suisun City Code.

8 B. Any violation of the provisions of this chapter is grounds for issuance of an administrative compliance order pursuant to Chapter 1.16 of the Suisun City Code 9 and/or issuance of an administrative citation pursuant to Chapter 1.20 of the 10 Suisun City Code.

11 C. Any violation of this chapter constitutes a public nuisance which may be abated in 12 accordance with the procedures set forth in Chapter 8.12 of the Suisun City Code. All costs to abate such public nuisance, including attorneys’ fees and court costs, 13 shall be paid by the person causing the nuisance, including the property owner where the nuisance is occurring. 14 15 D. The remedies prescribed in this chapter are cumulative of one another and of any other legal or equitable remedies which are or may be available to the City to 16 enforce the provisions of this chapter. The use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing this 17 chapter. 18 E. Any violation of the provisions of this chapter shall constitute a separate offense 19 for each and every day during which such violation is committed or continued.

20 Section 18.49.260 Prohibitions. 21 A. Any commercial cannabis operation in violation of the MAUCRSA, this chapter, 22 or any other applicable State or local law or regulation is expressly prohibited.

23 B. It is unlawful for any commercial cannabis operation in the City, or any agent, employee, or representative of such commercial cannabis operation, to permit any 24 breach of peace or any disturbance of public order or decorum by any tumultuous, 25 riotous, or disorderly conduct at the site of the commercial cannabis operation.

26 C. It is unlawful for any cannabis or cannabis products originally produced for 27 personal use, pursuant to Section 18.49.230, to be sold in any manner. 28

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Section 18.49.270 Nonconforming Use. 1 No use which purports to have engaged in a commercial cannabis activity of any 2 nature prior to the enactment of this chapter shall be deemed to have been a legally 3 established use under the provisions of this Code, or any other local ordinance, rule or regulation, and such use shall not be entitled to claim legal nonconforming status. 4 SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, 5 phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by 6 the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would 7 have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, 8 phrases, or portions thereof may be declared invalid or unconstitutional. 9 SECTION 5. EFFECTIVE DATE. This ordinance shall be in full force and 10 effect thirty (30) days after its passage.

11 SECTION 6. CERTIFICATION. The City Clerk shall certify to the adoption of this ordinance, and shall cause the same to be posted and codified in the manner required by 12 law. 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council 14 of the City of Suisun City, California, on this 18th day of February 2020. 15 16 17 ______18 Lori Wilson, Mayor 19 ATTEST: 20 21 22 ______23 Linda Hobson, City Clerk 24 25 26 27 28

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1 APPROVED AS TO FORM 2 AND LEGAL CONTENT: 3 4 ______5 Anthony R. Taylor, City Attorney 6

7 CERTIFICATION: 8 I, Linda Hobson, City Clerk of the City of Suisun, California, do hereby certify that 9 Ordinance _ was adopted by the City Council of the City of Suisun City at a regular meeting held on the _ day of _, 2020 by the following vote: 10

11 AYES: 12 NOES: 13 ABSENT: 14 15 ABSTAIN: 16 17 ______18 Linda Hobson, City Clerk 19 City of Suisun City, California 20 21 22 23 24 25 26 27 28

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227 Item 11 Attachment 2

25 WHEREAS, the Regulations were approved by the OAL on December 7, 2017; and

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K. “Commercial cannabis business permit” means a permit issued by the City 1 pursuant to this Chapter which authorizes the permittee to operate a specific type of commercial cannabis operation in the City subject to the requirements of this 2 chapter, state law, and the specific terms and conditions of the permit. 3 4 L. “Consumption cafe/lounge,” for the onsite retail sale and consumption of cannabis or cannabis products. A consumption cafe/lounge shall have a 5 licensed premises that is a physical location from which commercial cannabis activities are conducted. The consumption cafe/lounge shall only sell cannabis 6 or cannabis products to adults 21 years of age or older for onsite 7 consumption, either through smoking, vaping, or ingestion of edible or topical products. The space occupied by a consumption cafe/lounge shall be definite 8 and distinct from the space where other activities licensed under this division 9 are exercised, and shall be accessed through a separate entrance. 10 M. “CSF” means the City’s Commercial Services Fabrication Zone.

11 N. “Cultivation” means any activity involving the planting, growing, harvesting, 12 drying, curing, grading or trimming of cannabis. 13 O. “Cultivation site” means a location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of these 14 activities occurs. 15 P. “Day care center” means, as the term is understood in Business & Professions 16 Code Section 26001(o), as may be amended, any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care 17 facilities, and school age child care centers. 18 Q. “Delivery” means the commercial transfer of cannabis or cannabis products to a 19 customer, and includes the use by a retailer of any technology platform. 20 R. “Director” means the Development Services Director City Manager of the City of 21 Suisun City, or his or her designee(s).

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1 RR. “State” means the State of California. 2 SS. “Storefront retailer/dispensary” means a retailer operating pursuant to a Type 10 3 State License and engaging in the retail sale of cannabis and cannabis products to walk-in customers from a storefront, commonly referred to as a dispensary. 4 Storefront retailers may also engage in the retail sale of cannabis and cannabis products by delivery. 5 6 TT. “Testing laboratory” or “testing” means a laboratory, facility, or entity in the State that offers or performs tests of cannabis or cannabis products; includes the 7 activity of laboratory testing. 8 UU. “Youth center” means, as the term is understood in Business & Professions 9 Code Section 26001(av), as may be amended, any public or private facility that is primarily used to host recreational or social activities for minors, including but not 10 limited to private youth membership organizations or clubs, social service teenage 11 club facilities, video arcades, or similar amusement park facilities. 12 Section 18.49.030 Commercial Cannabis Operations Prohibited without Permit. 13 It shall be unlawful to own, establish, operate, use or permit the establishment or 14 activity of a commercial cannabis operation, or to participate in commercial cannabis 15 operations as an employee, contractor, agent, volunteer, or in any manner or capacity, unless such operation is: (1) pursuant to a current and valid City of Suisun City 16 commercial cannabis business permit issued pursuant to this chapter; (2) pursuant to an equivalent State license for the type of commercial cannabis operation being 17 conducted, pursuant to Division 10 of the Business & Professions Code, as amended, 18 and applicable State regulations promulgated pursuant thereto; and (3) in compliance all the other applicable requirements of this chapter. The prohibition of this section 19 shall include renting, leasing, or otherwise permitting a commercial cannabis operation to occupy or use a location, vehicle, or other mode of transportation. 20 21 Section 18.49.040 Prohibited Types of Commercial Cannabis Operations. 22 A. Commercial cannabis operations (including non-profit operations) within the City which involve the activities of outdoor cultivation and microbusiness are 23 prohibited in the City. This prohibition includes, but is not limited to, commercial 24 cannabis activities licensed by the State license classifications listed below, as provided for in Business & Professions Code Section 26050 and applicable State 25 regulations: 26 1. Type 1= Cultivation; Specialty Outdoor; Small. 27 2. Type 1C = Cultivation; Specialty Cottage; Small. 28 3. Type 2 = Cultivation; Outdoor; Small. 4. Type 3= Cultivation; Outdoor; Medium. Ordinance No. Adopted Page 10 of 49 236 Item 11 Attachment 2

5. Type 5 = Cultivation; Outdoor; Large. 1 6. Type 12 = Microbusiness 2 B. Except as otherwise expressly provided in this chapter, the prohibition provided by 3 subsection (A) includes any similar activities authorized under new or revised 4 State licenses, or any other State authorization, for any type, category, or classification of commercial cannabis activities which involve the above- 5 referenced activities or similar operations (including non-profit, collective or cooperative operations.) 6 7 Section 18.49.050 Permitted Types of Commercial Cannabis Operations. 8 A. Commercial cannabis operations (including non-profit operations) within the City, which comprise the activities of indoor cultivation, mixed-light cultivation, 9 retailer, non-storefront retailer, manufacturer, testing or distributor are allowed 10 subject to issuance and maintenance of a valid and current City-issued commercial cannabis business permit, continuing compliance with this chapter and all other 11 applicable City and State laws and regulations, and issuance and maintenance of a valid and current State license of a type listed below, as provided for in Business 12 & Professions Code Section 26050 and applicable State regulations: 13 14 1. Type 1A = Cultivation; Specialty Indoor; Small. 2. Type 1B = Cultivation; Specialty Mixed-Light; Small. 15 3. Type 2A = Cultivation; Indoor; Small. 4. Type 2B = Cultivation; Mixed-Light; Small. 16 5. Type 3A = Cultivation; Indoor; Medium. 17 6. Type 3B = Cultivation; Mixed-Light; Medium. 7. Type 4 = Cultivation; Nursery. 18 8. Type 5A = Cultivation; Indoor; Large. 9. Type 5B = Cultivation; Mixed-Light; Large. 19 10. Type 6 = Manufacturer 1 (extractions using mechanical methods or nonvolatile 20 solvents). 11. Type 7 = Manufacturer 2 (extractions using volatile solvents). 21 12. Type N = Manufacturer (no extractions, pursuant to 17 CCR § 40118, and as may be amended). 22 13. Type P = Manufacturer (packaging and labeling only, pursuant to 17 CCR § 23 40118, and as may be amended). 14. Type 8 = Testing Laboratory. 24 15. Type 9 = Non-Storefront Retailer (by delivery only, pursuant to 16 CCR § 25 5414, and as may be amended). 16. Type 10 = Retailer. 26 17. Type 11 = Distributor. 18. Type 12 = Microbusiness 27 19. Type 13 = Distributor (transport only, pursuant to 16 CCR § 5315, and as may 28 be amended).

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20. Cultivation License Types for Indoor or Mixed-Light pursuant to 3 CCR § 1 8201, and as may be amended). 21. Type 14 = Consumption cafe/lounge 2 3 B. The requirements provided by above subsection (A) apply to any similar activities 4 authorized under new or revised State licenses, or any other State authorization, to allow any type, category, or classification of commercial cannabis activities which 5 involve the above-referenced activities or similar operations (including non-profit, collective or cooperative operations.) 6 7 C. All permitted commercial cannabis uses, with the exception of a storefront retailer, must operate within a Cannabis Business Zone pursuant to Sections 18.49.060 and 8 18.49.070. Storefront retailers are limited to one three within the City limits and 9 restricted to the CSF Zone pursuant to Section 18.49.160. 10 Section 18.49.060 Cannabis Business Zone; Establishment and Criteria. 11 A. No commercial cannabis operation or activity, other than a storefront retailer pursuant to Section 18.49.160, shall be permitted to operate anywhere in the City 12 other than in a Cannabis Business Zone. 13 14 B. The Cannabis Business Zone is an overlay zoning designation that is intended to facilitate the use and development of property for commercial cannabis activities 15 on non-residential-zoned land within the City. 16 C. Establishment of a Cannabis Business Zone does not limit, reduce, or alter the uses 17 allowed pursuant to the base zoning designation of any property or area to which it 18 applies. 19 D. Under no circumstances shall any property or area located within any of the 20 following residential zones (RL, RM, RH1, RH2, RMU) or within the Waterfront District Specific Plan (RLD, RMD, HR, RHD, HLC) of the City receive a 21 Cannabis Business Zone designation. 22 23 E. Under no circumstances shall any area located within 600 feet of a school, day care center or youth center receive a Cannabis Business Zone designation. If a 24 property or area is located within 1,000 feet of an established Cannabis Business Zone, the property or area shall not be designated as a separate Cannabis Business 25 Zone. Distances shall be measured as the shortest horizontal distance measured in 26 a straight line from the property line of one site to the property line of another site. 27 F. A Cannabis Business Zone shall be a contiguous area and shall be at least 10 acres 28 in size, with the exception that the City Council may approve a Cannabis Business

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Zone of less than 10 acres in size upon a finding that the smaller area is in the best 1 interests of the public health, safety and welfare of the residents of the City.

2 F. Application Submittal and Review 3 4 1. CBZ designations and modifications shall be initiated, and review and action related to CBZ designations shall be conducted, in accordance with the 5 procedure set forth in Chapter 18.82 (Amendments) of the Suisun City Code. 6 2. Notwithstanding the foregoing, for CBZ designations or modifications initiated 7 by one or more property owners, the initiating document shall be in the form of 8 a City-provided application, in lieu of a verified petition as provided for in section 18.82.020(A). The application for designation or modification of a 9 CBZ shall be accompanied by a fee set by resolution of the City Council. 10 3. For CBZ designations or expansions initiated by application, if there is more 11 than one holder of a legal or equitable ownership interest in property located in the area subject to the proposed CBZ designation or expansion, each such 12 property owner shall consent to the CBZ designation or expansion over his or 13 her property. If such property owner does not so consent, his or her property shall not become subject to the CBZ. Consent shall be evidenced by a property 14 owner’s status as a joint applicant for the CBZ designation or expansion, or via submission of a signed and notarized consent form from a non-applicant 15 property owner, submitted with the application, consenting to inclusion of his 16 or her property within a CBZ.

17 4. In addition to all submittal requirements identified within Chapter 18.82 of the Suisun City Code, applicants shall provide information as requested to 18 facilitate City review of the CBZ, as determined by the Director. Such 19 information may include, but not be limited to:

20 a. Conceptual layout of development within the CBZ.

21 b. Description of proposed uses, including but not limited to the percentage of 22 use or development by the various permitted cannabis business types described in Section 18.49.050. 23 c. Anticipated number of jobs to be created. 24

25 d. General statement of design, including perimeter security, landscaping and typical architectural character. 26 Criteria for Review 27 G.

28 a. It is the City’s expectation that development and operation of businesses within Cannabis Business Zones will be designed and operated in a manner that

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generally benefits the residents of Suisun City. Such benefits may arise from 1 direct creation of new jobs, creation of ancillary and related jobs, contributions toward the construction of key infrastructure projects, contributions of revenue 2 to the City to support key community priorities, or other measures as proposed 3 and determined appropriate by the applicant.

4 b. In reviewing an application for a CBZ, the City Council shall find that the proposed cannabis uses will not adversely impact the existing community. 5 Potential adverse impacts include, but are not limited to, increases in criminal 6 activity and the creation of nuisances, including but not limited to detrimental odors and emissions. 7 8 H. Development Agreement. Due to the complexity of implementing development within a Cannabis Business Zone, in order to define the interests of the City, 9 Cannabis Business Zone applicants, and commercial cannabis business permit applicants, and to further the overall public health, safety and welfare of the 10 residents of the City, holders of legal or equitable interests in land located within 11 the Cannabis Business Zone are subject to development agreement obligations as set forth in Section 18.49.070. 12 Section 18.49.070 Cannabis Business Zone Development Agreements. 13 A. Development Agreement Requirements. 14 15 1. Each applicant for establishment of a Cannabis Business Zone pursuant to Section 18.49.060, concurrently with CBZ application review, shall apply for 16 and negotiate, in good faith, terms of a development agreement to guide subsequent development and operation of cannabis-related uses within the 17 CBZ. Prior to commencement of any commercial cannabis operations or 18 issuance of any certificate of occupancy for such operations within the CBZ, the City and the CBZ applicant shall execute an appropriate development 19 agreement pursuant to this section. All real property located within the CBZ in which the CBZ applicant holds a legal or equitable interest, greater than a 20 simple lease, shall be subject to the development agreement. 21 2. The development agreement shall set forth the terms and conditions under 22 which the subject commercial cannabis operation(s) will operate, which may, 23 in addition to the requirements of this chapter, include, but not be limited to, public outreach and education, community service, payment of fees and other 24 charges as mutually agreed, and such other terms and conditions that will protect and promote the public health, safety, and welfare of the residents of 25 the City. The procedures for development agreements shall comply with this 26 chapter, Suisun City Code Chapter 18.70, and Article 2.5 of Chapter 4 of Division 1 of Title 7 of the California Government Code. 27 3. If any real property located within a CBZ is at any time owned by persons 28 other than the CBZ applicant, such owners shall be subject to the same

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obligations, set forth in subparagraph (A)(1), as the CBZ applicant, except as 1 otherwise stated in this section. Notwithstanding the foregoing, if such owners do not operate or propose to operate or authorize the operation of a commercial 2 cannabis business exceeding 10,000 square feet or involving significant 3 development or improvement of their CBZ-zoned property (as determined by the Director in his or her sole discretion), such owners shall not be obligated to 4 apply for or enter into a development agreement unless and until such an operation is proposed. 5 6 4. Term Limits; Renewal. The maximum term for any development agreement entered into pursuant to this section shall be two years shall be until revoked. 7 A ministerial annual review shall be made to check for compliance or at 8 an earlier date if exigent circumstances arise. A development agreement may remain in effect for an unlimited number of consecutive terms. A 9 development agreement may remain in effect for an unlimited number of consecutive terms. provided that the development agreement is subject to 10 renewal on an annual or biennial basis. All renewals shall be subject to 11 approval the City Council. All development agreements shall be subject to compliance with the periodic review requirements of Government Code 12 Section 65865.1. However, the timing of any renewal may be made to coincide with a successful periodic review. 13 B. Development Agreement Filing Requirements. 14 1. Only qualified applicants may apply to enter into a development agreement 15 pursuant to this section. A qualified applicant is any person who holds a legal or equitable interest, greater than a simple lease, in real property located within 16 a Cannabis Business Zone. Qualified applicants shall provide proof of their 17 legal or equitable interests in the real property subject to the proposed agreement, and proof of the authority of the agent or representative to act for 18 the applicant, if applicable. Said proof of ownership interest and proof of authority shall be subject to review and approval by the City Attorney only a 19 City approved entity. 20 2. The Director shall prescribe the form for each application, notice and other 21 documents provided for or required under this section for the preparation and 22 implementation of development agreements. The applicant shall complete and submit such an application form to the Director, along with a deposit for the 23 estimated direct and indirect costs of processing the development agreement. The applicant shall deposit any additional amounts for all costs and fees to 24 process the development agreement, including all legal fees, within fifteen (15) 25 days of request by the Director. Upon either completion of the application process or withdrawal of the application, the City shall refund any remaining 26 deposited amounts in excess of the costs of processing.

27 3. The Director shall require an applicant to submit such information and 28 supporting data as the Director considers necessary to process the application,

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including but not limited to a community benefit assessment to evaluate the 1 benefits the development agreement will provide to the community. 2 C. Processing and Requirements. 3 1. The Director shall endorse on the application the date it is received. An 4 application or related document shall not be complete until an estimated deposit (as estimated by the City) for the cost of processing has been paid to 5 the City. If within thirty (30) days of receiving the application the Director 6 finds that all required information has not been submitted or the application is otherwise incomplete or inaccurate, the processing of the application and the 7 running of any time limits shall be suspended upon written notice to the applicant and a new thirty (30) day period shall commence once the required 8 material is received by the Director. If the Director finds that the application is 9 complete for filing, it shall be accepted for filing and the applicant so notified. The Director shall review the application and determine the additional 10 requirements necessary to complete final processing of the agreement. After 11 receiving the required information and determining the application to be complete for processing, the Director shall prepare a staff report and 12 recommendation to the Planning Commission and City Council stating whether or not the agreement as proposed or in an amended form would be 13 consistent with policies of the City, this chapter, and any applicable general or 14 specific plan. 15 2. Notice of a hearing regarding the development agreement shall be given by the 16 Director and shall comply with the requirements of Section 65867 of the California Government Code, as may be amended, as well as in the manner set 17 forth in Suisun City Code Section 18.70.110. 18 3. The Planning Commission shall review the proposed development agreement 19 and provide a recommendation to the City Council to approve, approve with modifications or deny the proposed development agreement. If the Planning 20 Commission fails to take action within sixty (60) days of opening the hearing 21 on the matter, such failure shall be deemed to constitute a recommendation of denial to the City Council unless the applicant has requested an extension of 22 time, either in writing or on the record, which has been approved by the Planning Commission prior to the running of the sixtieth day. 23 24 4. The proposed development agreement shall be set for hearing and consideration before the Council within sixty (60) days of the recommendation 25 of the Planning Commission, unless the applicant agrees in writing to an extension of time with the Director prior to the matter being heard by the 26 Council. 27 28 5. Within ten (10) calendar days after the City enters into the development agreement, the City Clerk shall should have the agreement recorded with the Ordinance No. Adopted Page 16 of 49 242 Item 11 Attachment 2

County Recorder. If the parties to the agreement or their successors in interest 1 amend or cancel the agreement as provided in Section 65868 of the California Government Code, or if the City terminates or modifies the agreement as 2 provided in Section 65865.1 of the California Government Code for failure of 3 the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall have notice of such action recorded with the 4 County Recorder. 5 D. Required Findings for Approval Development Agreement. 6 7 After the City Council completes the public hearing, the Council may not approve the development agreement unless it finds that the provisions of the 8 agreement:

9 1. Are consistent with the goals, objectives, and policies of the general plan and any applicable specific plan; 10 11 2. Are compatible with the uses authorized in and the regulations prescribed for the zoning district in which the real property is located; 12 13 3. Are beneficial to the residents of the City so as to promote the health, safety and welfare of City residents. Such benefits may arise from, without limitation, 14 direct creation of new jobs, creation of ancillary and related jobs, contributions toward the construction of key infrastructure projects, contributions of revenue 15 to the City to support key community priorities, or other measures as proposed 16 by the applicant and determined appropriate by the City; 17 4. Are not detrimental to the public health, safety, or general welfare;

18 5. Comply with the California Environmental Quality Act; 19 6. Will not adversely affect the orderly development of property or the 20 preservation of property values in the City; and

21 7. Provide for a reasonable penalty for any violation of the development 22 agreement. 23 E. Transfer of Development Agreements. 24 1. If a party to a development agreement pursuant to this section transfers title to 25 any real property that is subject to the development agreement or any term or obligation thereof, then the transferor shall assign, and the transferee shall 26 assume, the terms and obligations of the development agreement that are 27 applicable to the transferred real property, unless the transferor, by the terms of the transfer, agrees to retain such obligations. Transferee shall meet all the 28 requirements asked of applicants.

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1 2. No assignment or assumption of any development agreement, or any term or obligation thereof, shall be valid without the prior written consent of the City 2 Council, and then only upon presentation of evidence demonstrating that the 3 transferee has the experience, expertise, financial strength, and resources to perform its obligations under the agreement, in addition to compliance with 4 any transfer conditions or obligations set forth in the agreement. 5 3. No permit or entitlement authorizing the transferee to engage in commercial 6 cannabis activity on the transferred real property shall issue until such assignment and assumption has been executed and consented to by the City in 7 accordance with subparagraph (E)(2), unless the transferor has agreed to retain 8 the obligations under the development agreement by the terms of the transfer, and the transferee has demonstrated the same to the City. 9 4. Exceptions to Transferee Obligations. Notwithstanding any other provision of 10 this section: 11 a. If the transferee will not engage in or authorize commercial cannabis 12 activity on the property, the transferee shall be exempt from all provisions of the development agreement that accrue specific benefits to the City and 13 its residents such as requiring payment of funds to the City by commercial 14 cannabis operations, to the extent such requirements are based on the nature of such operations as commercial cannabis operations. Subject to the 15 foregoing, the assignment and assumption pursuant to subparagraphs (E)(1)-(3) shall be required, but upon expiration of the then-existing term 16 of the development agreement, the transferee shall not be obligated to 17 apply for or enter into a new or renewed development agreement pertaining to the transferred real property. 18 b. If the transferee will engage in or authorize commercial cannabis activity 19 on the transferred property, but the area of the real property to which title is 20 being transferred is less than 10,000 square feet, the assignment and assumption pursuant to subparagraph (E)(1) shall be required, but upon 21 expiration of the then-existing term of the development agreement, the transferee shall not be obligated to apply for or enter into a new or renewed 22 development agreement pertaining to the transferred real property. 23 c. If the transferee will engage in or authorize commercial cannabis activity on the transferred property, but such activity will not involve significant 24 new or ongoing development or improvement thereof, as determined by the Director in his or her discretion, the assignment and assumption pursuant to 25 subparagraph (E)(1) shall be required, but upon expiration of the then- 26 existing term of the development agreement, the transferee shall not be obligated to enter into a new or renewed development agreement pertaining 27 to the transferred real property. 28

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5. Leases. In the event that All real property is subject to a development 1 agreement pursuant to this section is leased. 2 a. If the lease is a simple lease, the lessee shall not be subject to the 3 development agreement, and the obligations under the development agreement shall remain with the lessor. 4 b. If the lease is a ground lease, the lessor and lessee may negotiate between them as to which party shall bear the obligations under the development 5 agreement during the life of the lease, except that the lessor shall not be 6 relieved of any obligations under the development agreement without the prior written consent of the City pursuant to subparagraph (E)(2). 7 8 6. Each assignment and assumption of a development agreement pursuant to this section shall provide for the transferee to be bound by and comply with all 9 terms and conditions of the development agreement, for the remainder of the term thereof, or until the transferee no longer retains a legal or equitable 10 interest in the subject property (except as stated in subparagraph (E)(4)). 11 7. The assignment and assumption shall be signed, with notary acknowledgment, 12 by a person who is duly authorized to bind the transferor and the transferee. The assignment and assumption shall also be approved by the City Council and 13 executed by a duly authorized representative of the City, acknowledging that 14 the assignment and assumption complies with this section and consenting thereto. Upon full execution and approval of the assignment and assumption, 15 the transferee shall be deemed a party to the development agreement pursuant to this section for all purposes. The fully executed assignment and assumption 16 shall should be recorded on the subject property within 10 days after its 17 approval and execution. 18 F. Modifications and Extensions. 19 1. The provisions of Section 65868 of the California Government Code shall 20 apply for all modifications, extensions or other amendments of the terms of a development agreement subject to this chapter. 21 2. Either party may propose an amendment or termination of an approved 22 development agreement subject to the following: 23 a. The procedure for amending or terminating the development agreement is 24 the same as the procedure for entering into an agreement in the first instance. 25 26 b. The development agreement may be amended or cancelled only by the mutual consent of the parties, as provided in Section 65868 of the 27 California Government Code. 28

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3. Nothing herein shall limit the City’s ability to terminate or modify the 1 agreement consistent with Section 65865.1 or 65865.3 of the California Government Code as may be amended. 2 3 Section 18.49.080 Commercial Cannabis Business Permit Required for All Commercial Cannabis Operations. 4 A. Prior to commencing any commercial cannabis operation and as a continuing 5 requisite to conducting operations, the owner of a commercial cannabis operation 6 shall obtain a commercial cannabis business permit from the City under the terms and conditions set forth in this chapter in addition to an equivalent, valid and 7 current State license issued pursuant to Division 10 of the Business & Professions Code, as amended. 8 9 B. Commercial cannabis business permits issued pursuant to this chapter shall automatically expire annually be renewed annually after their date of issuance 10 subject to ministerial review, unless otherwise expressly provided.

11 C. The issuance of a commercial cannabis business permit shall constitute a revocable 12 privilege and shall not create or establish any vested rights for the development or use of any property. 13 D. Conditions necessary for the continuing validity of a commercial cannabis 14 business permit include: 15 1. Strict adherence to each and every applicable requirement of this chapter and 16 Code, as well as any further applicable requirements, including administrative regulations, adopted by the City. 17 18 2. Maintaining an equivalent, current and valid State license issued pursuant to Division 10 of the Business & Professions Code, as amended. Revocation, 19 suspension or expiration of a required State license shall automatically invalidate the commercial cannabis business permit. 20 21 3. Allowing City code enforcement, fire officials and police officers to conduct reasonable inspections, at the discretion of the City, of the location of the 22 commercial cannabis operation, including but not limited to inspection of 23 security, inventory, and written and electronic records, recordings and files pertaining to the commercial cannabis operation, for the purposes of ensuring 24 compliance with this Code and State law.

25 4. Maintaining valid and current contact information on file with the City for the 26 owner(s) and manager(s) of the commercial cannabis operation, and that of the legal representative of the operation, if applicable. 27 28

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E. Commercial cannabis business permits are transferable only if the transferee 1 satisfies all of the requirements for issuance of a new commercial cannabis business permit. 2 3 Section 18.49.090 Application for Commercial Cannabis Business Permit. 4 A. The owner of a proposed commercial cannabis operation, prior to commencing operation, shall file an application for a commercial cannabis business permit with 5 the Director upon a form provided by the City, and shall pay a filing fee as 6 established by resolution adopted by the City Council, as may be amended. 7 B. An application for a commercial cannabis business permit shall include, but not be limited to, the following information: 8 9 1. The full name, address, e-mail address, and phone number of the applicant. 10 2. The street address, assessor’s parcel number, and total square footage of the premises where the commercial cannabis operation will be located, and a 11 description of the characteristics of the area surrounding the premises. 12 13 3. If the applicant is not the property owner, the full name, address, e-mail address, and phone number of the owner and any sub-lessor of the premises of 14 the proposed commercial cannabis operation.

15 3. If the applicant is not the property owner, a notarized acknowledgment from 16 the property owner consenting to the operation of the proposed commercial cannabis operation on the premises. 17 4. The full names, addresses, e-mail addresses, and phone numbers of all persons 18 who will be responsible for or who will participate in the management of the 19 proposed commercial cannabis operation.

20 5. A list of the full names of all individuals who are current or prospective employee’s management and owners of the proposed commercial cannabis 21 operation, along with any other identifying information requested by the 22 Director.

23 a. For each manager and owner current or prospective employee identified, 24 a color photocopy of either a valid California Driver’s license or equivalent identification approved by the Director. 25 b. For each manager and owner current or prospective employee identified, 26 and for all owners of the proposed operation, a written and signed consent 27 form provided by the City whereby the employee consents to fingerprinting and a State and federal criminal history background check. At the 28 discretion of the City and in compliance with State law, the City may use live scan to perform criminal background checks. Ordinance No. Adopted Page 21 of 49 247 Item 11 Attachment 2

1 c. For each manager and owner current or prospective employee identified, a check for payment of the appropriate fees to the City to cover the costs of 2 performing the required criminal history background check. 3 6. The name, e-mail address and phone number of an employee designated as 4 Community Outreach Manager, who shall be responsible for outreach and communication with the surrounding community. 5 6 7. A description of the statutory entity or business form that will serve as the 7 legal structure for the proposed applicant, the ownership structure of the applicant as filed with the California Secretary of State, (e.g. S-corporation, 8 limited liability company, limited liability partnership, etc.), and a copy of all 9 applicable formation and organizing documents for the entity. An applicant that is a foreign corporation shall provide a certificate of qualification issued 10 by the California Secretary of State.

11 8. The proposed days and hours of operation of the commercial cannabis 12 operation. 13 9. A scaled site plan, prepared by a licensed civil engineer or architect, of the premises, including at minimum all buildings, structures, driveways, parking 14 lots, landscape areas, and boundaries. 15 10. A scaled floor plan, prepared by a licensed civil engineer or architect, for each 16 level of each building on the premises, including the entrances, exits, walls and operating areas. 17 18 11. A security plan satisfactorily addressing all required security measures identified in Section 18.49.150(H). 19 12. A transportation plan describing the procedures for safely and securely 20 transporting cannabis and cannabis products and currency to and from the 21 premises.

22 13. A description of the odor control devices and techniques that will be used to prevent odors from cannabis or cannabis products from becoming detectable 23 off of the premises, in compliance with Section 18.49.150(G). 24 14. Procedures for identifying, managing, and disposing of litter, waste, and 25 contaminants and hazardous materials pursuant to Section 18.49.150(M)-(N). 26 15. A business plan, reflecting the capitalization of the proposed business and the 27 degree of training, professionalism and experience of the owner, managers and employees of the proposed business. 28

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16. An operations plan, detailing the operating procedures of the proposed 1 commercial cannabis business, tailored to the specific type of business proposed. Such procedures shall address, without limitation, storage, handling 2 and use of cannabis, cannabis products, and any other materials to be used or 3 contained in the proposed operation, handling of cash, equipment and methods to be used, inventory procedures, lighting, signage and quality control 4 procedures, as applicable. 5 17. Written authorization to the City to conduct reasonable unannounced 6 inspections of the premises at the discretion of the City, including but not 7 limited to inspection of security, inventory, and written records and files pertaining to the commercial cannabis operation, for the purposes of ensuring 8 compliance with this Code and State law. 9 18. Evidence of compliance with all operating standards and requirements 10 applicable to the proposed commercial cannabis operation, including but not limited to as provided for by this chapter. 11 12 19. Evidence of compliance with all applicable insurance requirements under State and local law, including but not limited to those established by the Director 13 pursuant to Section 18.49.130(A)(1) and 18.49.150(I). Endorsements reflecting the City’s status as an additional insured on all required policies 14 shall be provided by the applicant. 15 20. A copy of a valid and current seller’s permit issued by the CDTFA to the 16 applicant, or confirmation from the CDTFA that a seller’s permit is not required. If the applicant has not yet received a seller’s permit, an attestation 17 that the applicant is currently applying for a seller’s permit. 18 21. Identification of any and all other licenses and/or permits for commercial 19 cannabis operations issued by any licensing or permitting authority: 20 d. held currently by the applicant; 21 e. pending approval for the applicant; or 22 f. denied to, suspended for, or revoked from the applicant. 23 24 22. Signed authorization for the Director to seek verification of the information contained in the application. 25 23. A written statement, signed under penalty of perjury by the applicant, 26 certifying that all of the information contained in the application is true and 27 correct. 28

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24. Evidence of compliance with State laws and regulations applicable to the 1 proposed commercial cannabis operation. 2 25. Any additional information as is deemed necessary by the Director to 3 administer this chapter. 4 Section 18.49.100 Director Review of Application for Commercial Cannabis Business Permit. 5 6 A. Upon receipt of a commercial cannabis business permit application, the Director shall review the application for completeness, including payment of the required 7 fees.

8 B. If the Director determines that the application is incomplete, the Director shall 9 notify the applicant of such fact within thirty (30) days of receipt of the application. If the applicant, after receiving such notice, re-submits an incomplete 10 application to the City, the application shall be deemed abandoned. The applicant may then submit a new application for review pursuant to the requirements of this 11 chapter. 12 C. Upon receipt of a completed application, the Director shall investigate the 13 information contained in the application to determine whether the application is in compliance with the requirements of this chapter for potential issuance of a 14 commercial cannabis business permit. 15 D. Upon completing his or her investigation of a completed application, the Director 16 shall deem the application a qualified application, unless the Director finds any of the following: 17 18 1. The applicant has made one or more false or misleading statements or omissions, either on the written application form or during the application 19 process; 20 2. The applicant has not satisfied each and every requirement of this chapter and 21 code; or

22 3. The applicant is not in compliance with applicable State law. 23 E. Upon deeming an application a qualified application, the Director shall set the 24 application for review by the City’s Planning Commission and shall make a recommendation to the Planning Commission as to whether it should recommend 25 approval or denial of the application based on satisfaction of the criteria set forth 26 in Section 18.49.110(B)-(C). The Director may also recommend the imposition of reasonable conditions on the approval and maintenance of the permit, in addition 27 to the requirements of this chapter, to ensure the safe operation of the commercial cannabis operation, and to ensure the health, safety and welfare of the residents 28 and visitors of the City.

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Section 18.49.110 Planning Commission Review of Application for 1 Commercial Cannabis Business Permit.

2 A. The Planning Commission shall review a qualified application at a duly noticed 3 public meeting of the Planning Commission within a reasonable time after the application is deemed qualified by the Director, and shall provide a written 4 recommendation on the application to the City Council.

5 B. The Planning Commission shall recommend approval of a qualified application to 6 the City Council only upon making a positive finding that the proposed operation will promote the overall health, safety and welfare of the City’s residents, based on 7 consideration of the following factors: 8 1. The proposed operating procedures are detailed, comprehensive, and 9 consistent with best practices and industry standards.

10 2. The proposed security plan is thorough and establishes high standards for public safety, and for protection of cannabis and cannabis products against 11 theft and diversion to unlawful uses. 12 3. The exterior appearance of the premises of the proposed operation is 13 aesthetically pleasing and architecturally consistent with surrounding uses. 14 4. The proposed operation is compatible with surrounding land uses. 15 5. The proposed operation will provide economic benefits to the City. 16 17 6. The proposed operation will provide employment opportunities for City residents. 18 7. The proposed operation will positively impact the community, based on 19 factors such as, without limitation, whether and to what extent the proposed 20 operation will offer or engage in community service, education, outreach and engagement programs. 21 8. The proposed operation will be sensitive to community concerns and is not 22 likely to result in negative or nuisance impacts on the community. 23 9. The proposed operation will maintain best practices with regards to 24 sanitation, cleanliness, and handling, treatment and disposal of waste, contaminants and hazardous materials. 25 26 10. The proposed operation will make efficient and safe use of energy, water and other resources. 27 11. The proposed operation is in compliance with the California Environmental 28 Quality Act.

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1 12. The proposed operation is adequately capitalized. 2 13. The owner, managers and employees of the proposed operation possess a 3 high degree of training, professionalism and experience. 4 14. The proposed operation meets all applicable requirements of this chapter, 5 this code and State law. 6 15. The proposed operation will be within an established Cannabis Business 7 Zone.

8 16. The proposed operation satisfies any additional criteria that the Planning 9 Commission determines is of benefit to making a determination of the applicant’s commitment to the health, safety and welfare of the residents 10 and visitors of the City.

11 C. In evaluating a qualified application pursuant to above subsection (B), the 12 Planning Commission shall consider the information contained in the application as well as any additional information submitted by the applicant at or prior to the 13 hearing. If the Planning Commission finds that the applicant fails to satisfy three or more of the factors set forth in above subsection (B), the Planning Commission 14 shall recommend denial of the application to the City Council. 15 Section 18.49.120 City Council Review of Application for Commercial 16 Cannabis Business Permit.

17 A. Within a reasonable time after the Planning Commission has made a recommendation to the City Council regarding a qualified application, the City 18 Council shall make a final written determination on the qualified application at a 19 properly noticed public meeting of the City Council. Factors to be considered by the City Council include the findings and recommendation of the Planning 20 Commission as well as all pertinent evidence timely submitted to the City Council by the applicant, the public, and other interested parties. 21 22 B. The City Council shall not be bound by the findings or recommendation of the Planning Commission, and shall be entitled, but not required, to conduct an 23 independent review of the application. If, upon review, the City Council makes an 24 affirmative finding that the proposed operation will promote the overall health, safety and welfare of the City’s residents pursuant to section 18.49.110(B), and 25 does not find that the applicant fails to satisfy three or more of the factors set forth in Section 18.49.110(B), the City Council shall grant the applicant a commercial 26 cannabis business permit. 27 C. The City Council may impose reasonable terms and conditions upon the use of the 28 commercial cannabis business permit that it deems necessary to ensure compliance with this chapter and applicable State law, and/or to ensure the safe operation of Ordinance No. Adopted Page 26 of 49 252 Item 11 Attachment 2

the proposed operation and the health, safety and welfare of the residents and 1 visitors of the City.

2 Section 18.49.130 Continuing Obligations of Commercial Cannabis Operations. 3 A. Upon receiving a commercial cannabis business permit pursuant to this chapter, 4 the permit holder shall:

5 1. Prior to commencing operations, execute an agreement to indemnify, defend 6 and hold harmless (at the commercial cannabis business permit holder’s sole expense, the ability to do so demonstrated through proof of sufficient insurance 7 coverage to the satisfaction of the Director) the City, its elected officials, employees, agents, officers, and representatives, and each and all of them 8 individually, from all liability or harm arising from or in connection with all 9 claims, damages, attorney’s fees, costs and allegations arising from or in any way related to the operation of the commercial cannabis operation; and, to 10 reimburse the City for any costs and attorney’s fees that the City may be required to pay as a result of such action. The City may, at its sole discretion, 11 participate at its own expense in the defense of any such action. 12 2. Maintain continuing compliance with all applicable insurance requirements 13 imposed pursuant to local and State law at all times while operating pursuant to the commercial cannabis business permit. 14 15 3. Maintain a valid seller’s permit issued by the CDTFA, to the extent required by the CDTFA under State law. 16 4. Maintain continuing compliance with the criminal history background check 17 requirements of Section 18.49.150 at all times while operating pursuant to the 18 commercial cannabis business permit by ensuring that, immediately upon hiring or association by the commercial cannabis operation of an employee 19 who has not undergone the required background check, the permit holder provides the Director the authority to obtain: 20 21 a. The results of a live scan or other criminal history background check, as determined by the City, for the employee which was performed no earlier 22 than ninety (90) days prior to the date of hiring or association of the 23 employee (or as soon as is practicable as determined by the Director); and 24 b. A color photocopy of either a valid California Driver’s License for the employee, or equivalent identification of the employee approved by the 25 Director. 26 5. Immediately update the Director in writing with correct and current contact 27 information when there is a change in the information previously provided to the City relating to the individuals associated with the permit holder. 28

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B. Failure to perform the requirements of this section shall render the permit holder’s 1 commercial cannabis operation unlawful.

2 Section 18.49.140 Renewal of Commercial Cannabis Business Permit. 3 A. The following procedure shall govern the process for renewal of a commercial 4 cannabis business permit:

5 1. Commercial cannabis business permits issued pursuant to this chapter 6 shall be renewed annually after their date of issuance subject to ministerial review, unless otherwise expressly provided. The following will 7 be checked, but not limited to: i. Calls for Service 8 ii. Loitering 9 iii. Public nuisance violations, etc. 10 2. A permit holder may apply to the Director for renewal of an existing permit no less than 60 days, but no more than 90 days, prior to the permit’s expiration 11 date. 12 3. Application for renewal shall be made through submittal of a commercial 13 cannabis business permit renewal application form provided by the City.

14 4. Applications for renewal shall contain all information and documentation 15 required by Section 18.49.090 for applications for new commercial cannabis permits, except as may be waived by the Director based on a finding that 16 certain required information is already possessed by the City, and upon receipt of a certification from the permit holder to the effect that the information 17 remains up to date and has not changed since it was submitted to the City. A 18 storefront retailer permitted pursuant to an RFA process shall be treated the same as all other commercial cannabis business permit holders for purposes of 19 renewal. 20 5. If a permit holder files a renewal application less than 60 days prior to permit 21 expiration, the holder must provide a written explanation detailing the circumstances surrounding the late filing. 22 23 6. The Director may, but is not required to, accept the late-filed application for renewal. If the Director accepts the application, then the Director may elect to 24 administratively extend the permit beyond the expiration date pending the Director’s review and decision upon the renewal application. 25 26 7. An application for renewal shall not be accepted unless it is accompanied by payment of the required fee for the renewal application set pursuant to 27 resolution of the City Council. 28

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B. If the Director, upon review of a completed application for renewal of a 1 commercial cannabis business permit, determines that the commercial cannabis operation remains in compliance with all applicable requirements of this chapter, 2 all terms of any applicable development agreements, and other applicable City and 3 State laws and regulations, the Director shall approve the application and renew the permit. If the Director determines that the commercial cannabis operation has 4 not remained in compliance, the Director shall deny the application. Decisions of the Director may be appealed to the City Council for review in accordance with 5 the provisions of Section 18.49.220(E) of this chapter. 6 7 C. A commercial cannabis business permit is immediately invalid upon its expiration date if it is not renewed by such date (with the exception of extensions pursuant to 8 Section 18.49.140(A)(5)). In the event the permit is not renewed prior to 9 expiration, the affected commercial cannabis operation shall be required to cease operation, and any continued operation after expiration is unlawful. 10 Section 18.49.150 General Operating Standards and Restrictions. 11 12 The following operating standards and restrictions shall apply to all commercial 13 cannabis operations and activities in the City, and shall be deemed conditions of 14 issuance and use of all commercial cannabis business permits: 15 A. Commercial cannabis operations shall comply with all applicable State laws and regulations as well as the requirements of this chapter and other applicable City 16 laws and regulations. 17 B. All commercial cannabis activities shall be conducted within a fully enclosed 18 building or structure which shall be closed to the general public (except that the one permitted storefront retailers may be open to the public during normal 19 business hours pursuant to Section 18.49.160). Neither cannabis nor cannabis products shall be visible from the public right-of-way. 20 21 C. No person under twenty-one (21) years of age shall be allowed access to any portion of the premises of any commercial cannabis operation at any time. 22 23 D. Signs shall be posted conspicuously on the premises indicating that the site is not open to the public (except that the one permitted storefront retailers need not post 24 such signs) and that minors are prohibited from entering the site.

25 E. Notwithstanding any other provision of this Code, all commercial cannabis 26 operation premises (except the one permitted storefront retailers) shall be screened to a height of seven feet with fencing consisting of materials permitted by Suisun 27 City Code Chapter 18.34, as may be amended. 28

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F. All premises must maintain the required lot setbacks pursuant to the City standards 1 applicable to the underlying zoning district in which the premises are located. 2 G. All premises must be equipped with an air treatment system sufficient to ensure 3 that off-site odors shall not result from its activities. The premises shall be designed to provide sufficient odor absorbing ventilation and exhaust systems so 4 that any odor generated inside the location of the commercial cannabis operation is not detected outside the building, on adjacent properties or public rights-of-way, or 5 within any other unit located within the same building as the commercial cannabis 6 operation, if the use occupies a portion of a building.

7 H. All commercial cannabis operations shall maintain the following security 8 standards: 9 1. If the premises are available for public access, such access must be through a single secured vestibule area designed to allow for identification confirmation 10 prior to entry into the main lobby area. 11 2. All areas of the premises where cannabis or cannabis products are cultivated, 12 tested, manufactured, or stored shall be separated from any areas which are available to public access, and shall be secured by lock accessible only to 13 authorized personnel of the commercial cannabis operation. 14 3. All authorized personnel of commercial cannabis operations shall wear badges 15 or other identification issued by the owner of the operation at all times while on the premises. 16 17 4. All premises shall be equipped with high definition security surveillance cameras, which shall be installed and maintained in good condition at all times. 18 The security surveillance camera system shall be in continuous use 24 hours per day, seven days per week, and shall be capable of monitoring all doors, 19 windows, parking lots, areas where cannabis or cannabis products are located, 20 areas adjacent to the exterior walls of all buildings and structures on the premises, and other areas as deemed necessary by the Director. Recordings 21 generated by the security surveillance camera system shall be maintained by the commercial cannabis operation for a minimum of 90 days. The recording 22 system must be capable of exporting the recorded video in standard MPEG 23 formats (or other formats approved or required by the Director) to a common medium such as a USB drive, DVD or other medium approved by the Director. 24 Recordings shall be made available to the City immediately upon request. Additionally, remote log-in information shall be provided to the City’s Police 25 Department to allow City police officers and/or other City officers and 26 employees to view live and recorded security camera images remotely at any time. 27 28

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5. The premises shall have sufficient lighting such that all areas subject to 1 monitoring by the security surveillance camera system shall be visible to all cameras of the system at all times. 2 3 6. Sensors shall be installed to detect entry and exit from all secured areas. 4 7. The premises shall be equipped with a centrally-monitored fire and burglar 5 alarm system and monitored by an alarm company properly licensed by the State of California Department of Consumer Affairs Bureau of Security and 6 Investigative Services in accordance with Business & Professions Code 7 Sections 7590 et seq., and whose agents are properly licensed and registered under applicable law, all subject to approval by the Director. 8 9 8. The premises shall have one or more secured transport areas from which all vehicular transportation of cannabis and cannabis products to and from the 10 premises shall occur.

11 9. At least one security guard licensed by and in good standing with the Bureau 12 of Security and Investigative Services shall be on the premises at all times. The number of security personnel required to be present on any premises at any 13 time, or at all times, may be adjusted as deemed necessary by the Director in consultation with the City’s Chief of Police. 14 15 10. If security bars for doors or windows are used, such security bars shall be placed on the interior side of such doors and windows, and must comply with 16 applicable State building standards.

17 11. Commercial cannabis operations must designate an employee to act as a liaison 18 to the City and its Police Department and must provide the City and its Police Department with the phone number and email address of the liaison. The 19 liaison shall be reasonably available to meet with City or Police Department officials representatives as requested by the City or its Police Department. 20 21 12. Commercial cannabis operations must report any of the following occurrences to the Police Department within twenty-four (24) hours of discovery thereof: 22 a. Suspected theft of inventory or equipment, or significant unexplained 23 discrepancies relating thereto; 24 b. Security breaches, including but not limited to burglaries; 25 c. Loss or unauthorized alteration of records subject to City inspection 26 pursuant to this chapter; and 27 d. Any criminal activity or suspected criminal activity taking place on the 28 premises.

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1 13. Commercial cannabis operations shall have the capacity to remain secure during a power outage. Access doors with locks shall not be controlled solely 2 by an electronic access panel. 3 I. Commercial cannabis operations shall maintain insurance coverage in amounts 4 satisfactory to the Director which evidence compliance with all applicable insurance requirements as provided for by this chapter, local law and State law. 5 Minimum insurance levels shall be determined by the Director after an assessment 6 of the risks posed by the commercial cannabis operation, including provision for meeting the requirements of Section 18.49.130(A)(1). The City shall be named as 7 an additional insured on all required policies. 8 J. Commercial cannabis operations shall maintain on-site the following records in 9 paper or electronic form:

10 1. The full name, address, and telephone number of the owner and any lessee of 11 the property.

12 2. The name, date of birth, and telephone number, and job title or position of each employee of the commercial cannabis operation. 13 14 3. Copies of all required State licenses.

15 4. An inventory record documenting the dates and amounts of cannabis and cannabis products received at the site, the daily amounts of cannabis and 16 cannabis products on the site, and the daily amounts of cannabis and cannabis 17 products leaving the site for any reason, including but not limited to sale, delivery and distribution. 18 5. A written accounting of all expenditures, costs, revenues and profits of the 19 commercial cannabis operation, including but not limited to cash and in-kind 20 transactions.

21 6. A copy of all insurance policies held by or related to the commercial cannabis operation. 22

23 7. A copy of the commercial cannabis operation’s financial statement and tax return for the most recent previous year. 24 8. A copy of the required valid and current State license and City-issued 25 commercial cannabis business permit. 26 K. All records required to be maintained by commercial cannabis operations pursuant 27 to this chapter shall be maintained for three years and are subject to immediate 28 inspection upon request by the City, subject to applicable State and federal law

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requirements relating to medical confidentiality or other applicable privacy 1 restrictions. 2 L. Employees; Background Checks; Identification. 3 1. All employees must submit to fingerprinting and criminal background checks 4 by the City. 5 a. No individual convicted within the last ten years of a felony substantially 6 related to the qualifications, functions or duties of an employee of a 7 commercial cannabis operation (such as a felony conviction for distribution of controlled substances (except cannabis), money laundering, 8 racketeering, etc.) shall be involved in the operation or ownership of a 9 commercial cannabis business, unless such employee has obtained a certificate of rehabilitation (expungement of felony record) under 10 California law or under a similar federal statute or state law where the expungement was granted. 11 12 b. At the request of the commercial cannabis operation, the Director and Police Chief shall determine the applicability of a waiver of this section to 13 a potential employee for good cause within a reasonable period of time after a written request has been made to the Director and Police Chief for 14 such determination. 15 2. All employees and owners must possess a valid government issued (or 16 equivalent) form of identification containing an identifying photograph of the employee, the name of the employee, the date of birth of the employee, and the 17 residential address of the employee or owner. Color copies of such 18 identification shall be maintained at the location of the commercial cannabis operation. A valid California Driver’s license will satisfy this requirement. 19 M. Commercial cannabis operations shall ensure at all times that all cannabis and 20 cannabis products on-site remains free of harmful contaminants, including but not 21 limited to pesticides, mold and fungus. Commercial cannabis operations shall establish, implement, and at all times maintain written procedures to ensure 22 compliance with this subsection. 23 N. Commercial cannabis operations shall ensure that litter and waste, including 24 chemical and organic waste, are properly and regularly removed from the premises, that waste disposal operating systems are maintained in an adequate 25 manner so as not to constitute a source of contamination in areas where cannabis is exposed, and that hazardous materials and waste are properly stored, handled and 26 disposed of in accordance with applicable law. Commercial cannabis operations 27 shall establish, implement, and at all times maintain written procedures to ensure compliance with this subsection. 28

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O. Commercial cannabis operations shall not result in a nuisance or adversely affect 1 the health, welfare, or safety of nearby persons by creating dust, glare, heat, noise, noxious gases, odors, smoke, traffic, vibration, or other impacts, or be hazardous 2 due to use or storage of materials, processes, products or waste. The permittee 3 shall promptly and diligently both prevent as well as eliminate conditions on the site of the commercial cannabis operation that constitute a nuisance. 4

5 P. Notwithstanding any provision of this Code to the contrary, commercial cannabis business permittees shall remove all graffiti from the site and parking lots under 6 the control of the commercial cannabis business permittee within twenty-four (24) 7 hours of its application.

8 Section 18.49.160 Commercial Cannabis Retailer (Storefront and Non- Storefront): Establishment, Operating Standards and 9 Restrictions. 10 A. Storefront retailers (State license Type 10) shall be subject to the general operating 11 standards and restrictions set forth in section 18.49.150 and to the following minimum standards and restrictions, all of which shall be deemed conditions of 12 any commercial cannabis business permit for a storefront retailer operation: 13 1. No more than one three commercial cannabis business permit for a storefront 14 retailer shall be active or valid in the City at any one time. In the event no such permits are active and valid in the City at any given time, the Director, in his or 15 her discretion, may initiate an RFA process to accept applications in 16 accordance with Section 18.49.160(B). Applications for commercial cannabis business permits for storefront retailers shall not be accepted other than 17 pursuant to the RFA process. 18 2. Storefront retailers may be permitted to operate only in the CSF (Commercial 19 Services and Fabricating) zone following zones: Zoning Ordinance (CSF – Commercial Services Fabricating, CMU – Commercial Mixed Use), and 20 Waterfront Specific Plan (DMU – Downtown Mixed Use, MSMU – Main 21 Street Mixed Use). 22 Type Zone 23 Type 1A = Cultivation; Specialty Indoor; Small. CSF Type 1B = Cultivation; Specialty Mixed-Light; Small. CSF 24 Type 2A = Cultivation; Indoor; Small. CSF 25 Type 2B = Cultivation; Mixed-Light; Small. CSF Type 3A = Cultivation; Indoor; Medium CSF 26 Type 3B = Cultivation; Mixed-Light; Medium CSF 27 Type 4 = Cultivation; Nursery. CSF Type 5A = Cultivation; Indoor; Large. CSF 28 Type 5B = Cultivation; Mixed-Light; Large. CSF

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Type 6 = Manufacturer 1 (extractions using mechanical methods CSF 1 or nonvolatile solvents). Type 7 = Manufacturer 2 (extractions using volatile solvents). CSF 2 Type N = Manufacturer (no extractions, pursuant to 17 CCR § CSF 3 40118, and as may be amended). Type P = Manufacturer (packaging and labeling only, pursuant CSF 4 to 17 CCR § 40118, and as may be amended). 5 Type 8 = Testing Laboratory. CSF, CMU, DMU Type 9 = Non-Storefront Retailer (by delivery only, pursuant to CSF, DMU 6 16 CCR § 5414, and as may be amended). Type 10 = Retailer. CSF, CMU, DMU, 7 MSMU 8 Type 11 = Distributor. CSF Type 12 = Microbusiness CSF, CMU, DMU, 9 MSMU 10 Type 13 = Distributor (transport only, pursuant to 16 CCR § CSF 5315, and as may be amended). 11 Cultivation License Types for Indoor or Mixed-Light pursuant to CSF 3 CCR § 8201, and as may be amended). 12 Type 14 = Consumption cafe/lounge CMU, DMU, MSMU 13 14 3. Storefront retailers may be open to the public only during normal operating hours. Normal operating hours are limited to 8:00 a.m. to 10:00 p.m., Monday 15 through Sunday. 16 4. Storefront retailers shall have an operable electronic point-of-sale system, 17 which produces historical transactional data available for review by the Director upon request, on the premises of the storefront retailer at all times 18 during operating hours. All retail sales of cannabis and cannabis products transacted by the storefront retailer shall be entered into or otherwise recorded 19 by the electronic point-of-sale system. 20 5. A manager must be present on the premises of the storefront retailer at any 21 time that any person, other than security personnel, is on the premises. 22 6. Smoking, ingesting or consuming cannabis or cannabis products must take 23 place within designated approved consumption area/lounge in accordance with this ordinance and State Law and must not take place at or within 20 24 feet of the premises of a storefront retailer is prohibited. 25 7. Storefront retailers shall not provide free cannabis or cannabis products, except 26 in accordance with Title 16, Section 5411 of the California Code of Regulations, and as may be amended. 27 28 8. Storefront retailers shall not cultivate or sell cannabis plants, whether or not such plants are mature or flowering plants. Ordinance No. Adopted Page 35 of 49 261 Item 11 Attachment 2

1 9. Storefront retailers shall not sell or dispense alcohol from their premises, and no alcohol shall be consumed on the premises. 2 3 10. Odor control devices and techniques shall be used to prevent odors from cannabis or cannabis products from becoming both detectable off of the 4 premises, in compliance with Section 18.49.150(G), and from becoming detectable beyond reasonable levels (as determined by the Director) inside the 5 premises. 6 7 11. Proof of the required State license and City-issued commercial cannabis business permit, and a copy of all requests/orders for deliveries being made, 8 shall be carried at all times in vehicles being used to make deliveries on behalf 9 of a storefront retailer, and shall be immediately available upon request from law enforcement officers. 10 12. Storefront retailers shall take reasonable steps to discourage and correct 11 activities or conditions that are illegal or that constitute a nuisance in parking 12 areas, sidewalks, alleys and other areas surrounding or adjacent to the premises of the storefront retailer during operating hours, if such conduct is related to 13 the storefront retailer operation or any of its owners, managers, employees, agents, representatives, contractors, or customers. Reasonable steps shall 14 include immediately calling the police upon observation of any such activity, 15 and requesting that any person engaging in such activity immediately cease the activity, unless personal safety would be at risk in making the request. 16 13. An approved and permitted storefront retailer/dispensary may also deliver 17 medicinal and adult-use cannabis and cannabis products for retail sale subject 18 to the limitations and operating regulations of Section 18.49.160(C). 19 B. Storefront Retailers/Dispensaries: Request for Applications (RFA) Process. 20 1. Applications for storefront retailers (State license Type 10) may only be 21 accepted pursuant to a Request for Applications (RFA) process conducted pursuant to this subsection. Notwithstanding Sections 18.49.100, 18.49.110, 22 and 18.49.120, applications for storefront retailers shall be reviewed and approved in accordance with this subsection. 23 24 2. Whenever there is no existing commercial cannabis business permit for a storefront retailer in the City (including after a previously-issued permit has 25 been permanently revoked or voluntarily forfeited, or expired without being renewed), the Director, in his or her discretion, may initiate and conduct an 26 RFA process. The Director may promulgate regulations to guide the RFA 27 process, subject to compliance with this subsection. 28

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3. Upon initiating an RFA process, the Director shall prepare an RFA for the 1 purpose of soliciting applications for establishment of a storefront retailer/dispensary in the City. Responses to the RFA, including regulations 2 and other requirements that the Director may promulgate to guide the RFA 3 process, shall be deemed applications for City-issued commercial cannabis business permits for storefront retailers, pursuant to Sections 18.49.080 and 4 18.49.090. In the event generally applicable procedures and requirements of this chapter conflict with Sections 18.49.080 and/or 18.49.090, this subsection 5 (B) and section 18.49.160(A) shall govern. 6 7 4. The City Manager shall develop, for Council approval, a process for reviewing and selecting a recommended operator of a storefront retailer from applications 8 received through the RFA process. The recommended operator for a 9 commercial cannabis business permit to operate a storefront retailer/dispensary shall be approved for issuance of a commercial cannabis business permit by 10 the City Council.

11 5. Notwithstanding any provision of this subsection (B), the City Council shall 12 not be obligated at any time to approve any application for issuance of a commercial cannabis business permit for a storefront retailer/dispensary. 13 6. Renewal of commercial cannabis business permits issued pursuant to this 14 subsection (B) shall be conducted in accordance with Section 18.49.140. 15 C. Non-storefront retailers shall be subject to the general operating standards and 16 restrictions set forth in section 18.49.150 and to the following minimum standards and restrictions, all of which shall be deemed conditions of any commercial 17 cannabis business permit for a non-storefront retailer operation: 18 1. Non-storefront retailers based within the City that are not directly associated 19 with and co-located with a permitted storefront retailer/dispensary must be located within an approved Cannabis Business Zone and must obtain a 20 commercial cannabis business permit. 21 2. Non-storefront retailers may sell medicinal and adult-use cannabis and 22 cannabis products, and all such sales shall be by delivery only. 23 3. Deliveries of cannabis and cannabis products shall only occur within the City 24 by a commercial cannabis operation properly licensed or permitted to engage in cannabis deliveries by both the State of California as well as the originating 25 jurisdiction of the delivery. 26 4. Non-storefront retailers delivering cannabis and cannabis products within the 27 City shall have a valid City business license. Non-storefront retailers based outside of the City (i.e. having no business premises in the City) are not 28 required to obtain a commercial cannabis business permit.

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1 5. No cannabis or cannabis products shall be sold directly from the premises of a non-storefront retailer. 2 3 6. The premises of non-storefront retailers shall be closed to the general public at all times, and shall be accessible only to employees and persons with a bona 4 fide business or regulatory purpose for accessing the premises. 5 7. A manager must be present on the premises of the non-storefront retailer at any 6 time that any person other than security personnel is on the premises. 7 8. No employee or other person acting on behalf of a non-storefront retailer may 8 possess during deliveries, or deliver, more than $5,000 total worth of cash, 9 cannabis and/or cannabis products at any given time. 10 9. No delivery of cannabis or cannabis products shall be made to any person other than the person who requested the delivery, except, for deliveries of medicinal 11 cannabis or medicinal cannabis products, when the person requesting the 12 delivery is a qualified patient and the person receiving the delivery is his or her primary caregiver, or vice versa. 13 10. Any person who is present on the premises of the non-storefront retailer who is 14 not an employee, officer, agent, or representative of the non-storefront retailer 15 must sign in and wear a “visitor” identification badge at all times while on the premises. 16 11. Proof of the required State license and City-issued commercial cannabis 17 business permit, and a copy of all requests/orders for deliveries being made, 18 shall be carried at all times in vehicles being used to make deliveries on behalf of a non-storefront retailer, and shall be immediately available upon request 19 from law enforcement officers.

20 Section 18.49.170 Commercial Cannabis Distribution Operating Standards 21 and Restrictions. 22 Commercial cannabis operations involving the distribution of cannabis and cannabis products in the City shall be subject to the general operating standards and restrictions 23 set forth in section 18.49.150 and to the following minimum standards and 24 restrictions, all of which shall be deemed conditions of any commercial cannabis business permit for a distribution operation: 25 A. Distribution may be conducted only by commercial cannabis operations possessing 26 a valid and current Type 11 (Distributor) State license issued pursuant to Division 27 10 of the Business & Professions Code, or a Type 13 (Distributor – Transport Only) State license pursuant to 16 CCR §5315, as well as a City-issued 28 commercial cannabis business permit.

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B. Distribution operations shall distribute cannabis and cannabis products only 1 between licensed commercial cannabis operations. 2 C. Distribution operations shall not conduct retail sales of cannabis or cannabis 3 products.

4 D. Distribution operations shall not distribute any cannabis or cannabis products to retail operations unless such cannabis or cannabis products has been properly 5 tested and approved for retail sale pursuant to State law. 6 7 E. Upon demand by any City law enforcement officer, a distributor shall make immediately available copies of any required shipping manifests as understood by 8 Section 26070(f) of the Business and Professions Code. 9 Section 18.49.180 Commercial Cannabis Manufacturing Operating Standards 10 and Restrictions. 11 Commercial cannabis operations involving the manufacturing of cannabis and cannabis products in the City shall be subject to the general operating standards and 12 restrictions set forth in section 18.49.150 and to the following minimum standards and 13 restrictions, all of which shall be deemed conditions of any commercial cannabis business permit for a manufacturing operation: 14 A. Manufacturing may be conducted only by commercial cannabis operations 15 possessing a valid and current manufacturing State license issued pursuant to 16 Division 10 of the Business & Professions Code (or pursuant to State regulations) as well as a City-issued commercial cannabis business permit. 17 B. Manufacturer 1 (Type 6) permittees (as defined by Division 10 of the Business and 18 Professions Code) shall utilize only manufacturing processes that are either 19 solventless or that employ only nonflammable, nontoxic solvents that are generally recognized as safe pursuant to the federal Food, Drug, and Cosmetic Act (21 20 U.S.C. Sec. 301 et seq.).

21 C. Manufacturer 2 (Type 7) permittees shall utilize only manufacturing processes that 22 use solvents exclusively within a closed-loop system that meets all of the following requirements: 23 1. The system uses only solvents that are generally recognized as safe pursuant to 24 the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.) 25 2. The system is designed to recapture and contain solvents during the 26 manufacturing process, and otherwise prevent the off-gassing of solvents into the ambient atmosphere to mitigate the risks of ignition and explosion during 27 the manufacturing process. 28

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3. A licensed engineer certifies that the system is commercially manufactured, 1 safe for its intended use, and built to codes of recognized and generally accepted good engineering practices, including, but not limited to, the 2 American Society of Mechanical Engineers (ASME), the American National 3 Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or OSHA Nationally Recognized 4 Testing Laboratories (NRTLs). 5 4. The system has a certification document that contains the signature and stamp 6 of a professional engineer and the serial number of the extraction unit being 7 certified.

8 D. Fire Safety Plan. 9 1. Manufacturing operations shall not commence until written approval is 10 received from the Director for a completed Fire Safety Plan for the operation.

11 2. An application for a renewal of a Commercial Cannabis Operation Permit for 12 manufacturing shall not be approved until an inspection of the site occurs by the Director which affirms that both the operation remains in compliance with 13 the approved Fire Safety Plan (or an amended Fire Safety Plan as determined by the Director) and that any further actions that need to be taken in the 14 determination of the Director are taken to ensure that all applicable and 15 necessary health and safety requirements are met. 16 E. The premises shall be equipped with an automatic fire sprinkler system, in accordance with NPFA 13, the California Fire Code (including but not limited to 17 Section 903), as adopted by the City, and the Suisun City Code. 18 F. Certified Industrial Hygienist (CIH). 19 1. The permittee must provide for, maintain, and follow a detailed plan prepared 20 by a CIH, and approved by the Director, to ensure the appropriate health and 21 safety procedures including, but not limited to, procedures necessary to control hazards, for use of proper protective equipment, product safety, compliance 22 with Cal OSHA limits, to provide specifications for ventilation controls, and ensure environmental protections, are adopted and used by the operation on a 23 continuing basis. 24 2. The Director may establish further written requirements for the plan, including 25 but not limited to required inspections by the CIH and a hazardous materials management plan. Upon reasonable determination by the Director, the 26 permittee shall be required to update or amend the approved plan to the 27 satisfaction of the Director. 28

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G. All processing and analytical testing devices used by the operation must be UL 1 listed, or otherwise approved for the intended use by the Director. Any processing devices using only non-pressurized water are exempt from such approval. 2 3 H. All chemical waste and hazardous material used, generated or associated with the operation must be disposed of in a manner which is approved by the Director 4 before disposal occurs, and which is compliant with all local, State and federal guidelines for the disposal of hazardous materials. 5 6 I. The permittee must provide for and maintain a waste treatment system which is 7 approved by the Director so as to prevent contamination in areas where cannabis or cannabis products may be exposed to waste or waste by-products. 8 Section 18.49.190 Commercial Cannabis Testing Operating Standards and 9 Restrictions. 10 Commercial cannabis operations involving the testing of cannabis and cannabis 11 products in the City shall be subject to the general operating standards and restrictions set forth in section 18.49.150 and to the following minimum standards and 12 restrictions, all of which shall be deemed conditions of any commercial cannabis 13 business permit for a testing operation: 14 A. Testing may be conducted only by commercial cannabis operations possessing a valid and current Type 8 (Testing Laboratory) State license issued pursuant to 15 Division 10 of the Business & Professions Code as well as a City-issued 16 commercial cannabis business permit. 17 B. Testing operations shall be and remain at all times independent from all other persons and entities involved in commercial cannabis operations other than testing 18 operations. 19 C. Fire Safety Plan. 20 1. Testing operations shall not commence until written approval is received from 21 the Director for a completed Fire Safety Plan for the operation. 22 2. An application for a renewal of a Commercial Cannabis Operation Permit for 23 testing shall not be approved until an inspection of the site occurs by the Director which affirms that both the operation remains in compliance with the 24 approved Fire Safety Plan (or an amended Fire Safety Plan as determined by 25 the Director) and that any further actions that need to be taken in the determination of the Director are taken to ensure that all applicable and 26 necessary health and safety requirements are met. 27 D. The premises shall be equipped with an automatic fire sprinkler system, in 28 accordance with NPFA 13, the California Fire Code (including but not limited to Section 903), as adopted by the City, and the Suisun City Code. Ordinance No. Adopted Page 41 of 49 267 Item 11 Attachment 2

1 E. Certified Industrial Hygienist (CIH). 2 1. The permittee must provide for, maintain, and follow a detailed plan prepared 3 by a CIH, and approved by the Director, to ensure the appropriate health and safety procedures including, but not limited to, procedures necessary to 4 control hazards, for use of proper protective equipment, product safety, compliance with Cal OSHA limits, to provide specifications for ventilation 5 controls, and ensure environmental protections, are adopted and used by the 6 operation on a continuing basis.

7 2. The Director may establish further written requirements for the plan, including 8 but not limited to required inspections by the CIH and a hazardous materials management plan. Upon reasonable determination by the Director, the 9 permittee shall be required to update or amend the approved plan to the satisfaction of the Director. 10 11 F. All processing and analytical testing devices used by the operation must be UL listed, or otherwise approved for the intended use by the Director. Any 12 processing devices using only non-pressurized water are exempt from such approval. 13 14 G. Operation Requirements. The testing operation shall be comply with the following requirements: 15 1. Conduct all testing in a manner pursuant to Section 26100 of the Business 16 and Professions Code, and as amended, subject to State and local laws and 17 regulations.

18 2. Conduct all testing in a manner consistent with general requirements for the competence of testing and calibration activities, including sampling using 19 verified methods. 20 3. Obtain and maintain ISO/IEC 17025 accreditation as required by the State. 21

22 4. Destroy the remains of the sample of cannabis or cannabis products upon the completion of analysis as determined by the State through regulations. 23 24 5. Dispose of any waste byproduct resulting from testing operations in the 25 manner required by State and local laws and regulations.

26 Section 18.49.200 Commercial Cannabis Cultivation Operating Standards and Restrictions 27 28 Commercial cannabis operations involving the cultivation of cannabis in the City shall be subject to the general operating standards and restrictions set forth in section Ordinance No. Adopted Page 42 of 49 268 Item 11 Attachment 2

18.49.150 and to the following minimum standards and restrictions, all of which shall 1 be deemed conditions of any commercial cannabis business permit for a cultivation operation: 2 3 A. Cultivation may be conducted only by commercial cannabis operations possessing a valid and current State license authorizing indoor or mixed-light (but not 4 outdoor) cultivation issued pursuant to Division 10 of the Business & Professions Code (or State regulations), as well as a City-issued commercial cannabis business 5 permit. 6 B. Applications for a City-issued commercial cannabis business permit for cultivation 7 operations require a detailed description of the proposed operation’s energy and water usage plan, providing for best practices and leading industry practices in 8 efficient utilization of energy and water. 9 C. Water. 10 1. The water supply shall be sufficient for the operations intended, shall comply 11 with all State regulations, and shall be derived from a source that is a regulated 12 water system. Private water supplies shall be derived from a water source that is capable of providing a safe, potable, and adequate supply of water to meet 13 the facility’s needs. 14 2. Plumbing shall be of adequate size and design and adequately installed and 15 maintained to carry sufficient quantities of water to required locations throughout the plant and that shall properly convey sewage and liquid 16 disposable waste from the facility. There shall be no cross-connections 17 between the potable and waste water lines. 18 D. Cannabis cultivation shall take place inside fully enclosed structures, and cannabis cultivation areas shall be secured at all times and shall be separated from all other 19 portions of the premises. 20 E. Each building with a cultivation area shall have adequate storage space for 21 cannabis that has completed the cultivation process or is otherwise not being cultivated. The storage areas shall be separated from the main entrance and lobby, 22 and shall be secured by a lock accessible only to employees of the permittee. 23 F. Electricity used for cannabis cultivation shall not exceed the rated wattage and 24 capacity of the circuit breaker.

25 G. Sufficient lighting must be used in all areas where cannabis is cultivated and 26 stored, and where equipment or utensils are cleaned, so that at all times the items and activities in these areas are fully visible to both any security cameras covering 27 the areas as well as the naked eye. All lighting shall be shielded so as to completely confine light and glare to the interior of the cannabis cultivation area. 28

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H. Floors, walls, and ceilings in cultivation areas shall be constructed in such a 1 manner that they may be adequately cleaned and kept clean and kept in good repair. 2 3 I. All chemical waste and hazardous material used, generated or associated with the operation must be disposed of in a manner which is approved by the Director 4 before disposal occurs, and which is compliant with all local, State and federal guidelines for the disposal of hazardous materials. 5 6 J. The permittee must provide for and maintain a waste treatment system which is approved by the Director so as to prevent contamination in areas where cannabis 7 or cannabis products may be exposed to waste or waste by-products. 8 Section 18.49.210 Application Fees. 9 An application fee set by resolution of the City Council shall be required for formal 10 processing of every application made under this chapter. The City Council is authorized to adopt resolutions to recover any and all fees and costs incurred in the 11 administration and enforcement of this chapter through an appropriate fee recovery 12 mechanism to be imposed upon commercial cannabis operations. 13 Section 18.49.220 Commercial Cannabis Business Permit Suspension and Revocation. 14 A. The Director is authorized to suspend and/or revoke any commercial cannabis 15 business permit issued pursuant to this chapter upon the determination through 16 written findings of a failure to comply with any provision of this chapter, any permit condition, or any agreement or covenant as required pursuant to this 17 chapter. 18 B. Prior to suspension or revocation of a commercial cannabis business permit, the 19 permittee shall be provided with a written notice which details the violation(s). The permittee shall have seven (7) days to cure the violation to the satisfaction of 20 the Director. The seven (7) day cure period may be extended by the Director or the 21 City Council for reasonable cause. 22 C. The Director may suspend or revoke a commercial cannabis business permit if he or she determines that any of the following have occurred: 23 24 1. The Director determines that the permit holder has failed to comply with any provision of this chapter, any permit condition, or any agreement or covenant 25 as required pursuant to this chapter;

26 2. The permit holder’s equivalent State license has been suspended or revoked by 27 the State of California; 28

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3. The permit holder has ceased operations for more than 180 calendar days 1 (including during any change of ownership, if applicable); 2 4. Ownership is changed without securing a new commercial cannabis business 3 permit.

4 5. The permit holder has failed to maintain required security camera recordings; or 5 6 6. The permit holder has failed to allow inspection of the security recordings, the activity logs, the records, or the premises of the site by authorized City 7 officials pursuant to this chapter. 8 7. The permit holder has failed to comply with the terms of an applicable 9 Development Agreement.

10 D. Conditions (if any) of suspension or revocation are at the discretion of the Director 11 and may include, but are not limited to, a prohibition on all owners, operators, managers and employees of the suspended or revoked Commercial Cannabis 12 Operation from operating within the City for a period of time set forth in writing and/or a requirement (when operations may resume, if at all, pursuant to the 13 Director’s determination) for the holder of the suspended or revoked permit to 14 resubmit an application for a commercial cannabis business permit pursuant to the requirements of this chapter. 15 16 E. Decisions of the Director made pursuant to this section may be appealed to the City Council by filing a notice of appeal with the City Clerk within ten (10) days 17 of receiving notice of the permit suspension or revocation. The notice of appeal 18 shall specify the grounds for the appeal. The Council shall fix a time and place for hearing the appeal, and the City Clerk shall give written notice to the appellant of 19 the time and place of the hearing via certified mail, return receipt requested, addressed to the address specified in the appellant’s permit. The appeal shall be 20 heard by the City Council within forty-five days following the date the appeal is 21 filed with the City Clerk. The findings and decision of the Council shall be final and conclusive, and shall be served upon the applicant, in the manner prescribed in 22 this subsection for service of notice of hearing, within thirty days of the hearing date. The provisions of Sections 1094.5 and 1094.6 of the Code of Civil Procedure 23 set forth the procedure for judicial review of any final determination. 24 Section 18.49.230 Cultivation of Cannabis for Personal Use. 25 The following regulations shall apply to the cultivation of cannabis for personal use 26 within the City: 27 A. Total cultivation is limited to no more than six (6) living cannabis plants per 28 private residence at any one time.

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B. Only persons who are twenty-one (21) years of age or older may participate in any 1 part of the cultivation process.

2 C. Cultivation shall not take place at any place other than private residences. 3 4 D. Persons who cultivate cannabis for personal use shall reside full-time on the premises where the cannabis cultivation occurs. 5 E. None of the cannabis plants, nor any cannabis produced by the plants in excess of 6 28.5 grams, shall be visible by normal unaided vision from any place regularly 7 accessible to the general public.

8 F. All cannabis produced by cannabis plants in excess of 28.5 grams shall be kept in 9 a fully enclosed and locked structure located on the residential premises of the person(s) cultivating the cannabis. 10 G. Structures in which cannabis is cultivated shall comply with all applicable State 11 and local health, safety, buildings and fire standards, including but not limited to 12 the California Buildings Standards Code, as adopted by the City of Suisun City.

13 H. Use of gasses (such as carbon dioxide, butane, propane and natural gas) for personal cannabis cultivation is prohibited. 14 15 I. Private residences used for cannabis cultivation (whether such cultivation occurs within the main residence or an accessory structure) shall maintain fully functional 16 kitchen, bathroom and bedroom facilities, and shall not be used primarily or exclusively for cannabis cultivation. 17 18 J. Cannabis cultivation areas shall be locked when not in use by authorized persons.

19 K. Cannabis cultivation areas shall not be readily accessible to persons under twenty- one (21) years of age, regardless of whether such persons reside at the private 20 residence used for cultivation. 21 L. If the person(s) engaging in cannabis cultivation are not the property owners of 22 the private residence being used for cultivation, such person(s) must obtain express consent of the property owner(s) prior to engaging in cannabis cultivation. 23

24 M. The odor resulting from cannabis cultivation shall not be detectable by human senses from any neighboring property or public right-of-way. If deemed necessary 25 by the Director to ensure that no odor resulting from cannabis cultivation shall be detectable by human senses from any neighboring property or public right-of-way, 26 a personal cannabis cultivator shall install and continuously operate a functioning 27 ventilation and filtration system which complies with all applicable building code regulations, including obtaining all required permits and approvals. 28

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N. Cannabis cultivation shall not result in emission of dust, glare, heat, gases, smoke, 1 odors, fumes, particles, hazardous waste, or other impacts which constitute a nuisance or adversely affect the health, safety or welfare of any occupants of the 2 subject property or of the surrounding area. 3 Section 18.49.240 Administration. 4 Further rules, regulations, procedures and standards for the administration and 5 implementation of this chapter may be adopted from time to time either by resolution 6 or ordinance of the City Council, by the Director (pursuant to authorization by resolution of the City Council), or as further provided by this chapter. 7 Section 18.49.250 Violations and Penalties. 8 A. Any violation of the provisions of this chapter is punishable as a misdemeanor or 9 an infraction, at the discretion of the city prosecutor, pursuant to Chapter 1.08 of 10 the Suisun City Code.

11 B. Any violation of the provisions of this chapter is grounds for issuance of an administrative compliance order pursuant to Chapter 1.16 of the Suisun City Code 12 and/or issuance of an administrative citation pursuant to Chapter 1.20 of the 13 Suisun City Code.

14 C. Any violation of this chapter constitutes a public nuisance which may be abated in accordance with the procedures set forth in Chapter 8.12 of the Suisun City Code. 15 All costs to abate such public nuisance, including attorneys’ fees and court costs, 16 shall be paid by the person causing the nuisance, including the property owner where the nuisance is occurring. 17 18 D. The remedies prescribed in this chapter are cumulative of one another and of any other legal or equitable remedies which are or may be available to the City to 19 enforce the provisions of this chapter. The use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing this 20 chapter. 21 E. Any violation of the provisions of this chapter shall constitute a separate offense 22 for each and every day during which such violation is committed or continued.

23 Section 18.49.260 Prohibitions.

24 A. Any commercial cannabis operation in violation of the MAUCRSA, this chapter, 25 or any other applicable State or local law or regulation is expressly prohibited.

26 B. It is unlawful for any commercial cannabis operation in the City, or any agent, employee, or representative of such commercial cannabis operation, to permit any 27 breach of peace or any disturbance of public order or decorum by any tumultuous, 28 riotous, or disorderly conduct at the site of the commercial cannabis operation.

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C. It is unlawful for any cannabis or cannabis products originally produced for 1 personal use, pursuant to Section 18.49.230, to be sold in any manner.

2 Section 18.49.270 Nonconforming Use. 3 No use which purports to have engaged in a commercial cannabis activity of any 4 nature prior to the enactment of this chapter shall be deemed to have been a legally established use under the provisions of this Code, or any other local ordinance, rule or 5 regulation, and such use shall not be entitled to claim legal nonconforming status. 6 SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, 7 phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity 8 of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion 9 thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, 10 phrases, or portions thereof may be declared invalid or unconstitutional.

11 SECTION 5. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after its passage. 12 13 SECTION 6. CERTIFICATION. The City Clerk shall certify to the adoption of this ordinance, and shall cause the same to be posted and codified in the manner required by 14 law.

15 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council 16 of the City of Suisun City, California, on this ___ day of ______2020. 17 18

19 ______20 Lori Wilson, Mayor 21 ATTEST: 22 23 24 ______25 Linda Hobson, City Clerk 26 27 28

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1 2 3 APPROVED AS TO FORM 4 AND LEGAL CONTENT: 5

6 ______7 Anthony R. Taylor, City Attorney 8

9 CERTIFICATION: 10 I, Linda Hobson, City Clerk of the City of Suisun, California, do hereby certify that 11 Ordinance _ was adopted by the City Council of the City of Suisun City at a regular meeting held on the _ day of _, 2020 by the following vote: 12

13 AYES: 14 NOES: 15 ABSENT: 16

17 ABSTAIN:

19 ______20 Linda Hobson, City Clerk 21 City of Suisun City, California

22 23 24 25 26 27 28

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286 Proposed Amendments to Section 18.49 287 “Cannabis Regulatory Program” City Council Attachment 6 February 18, 2020 Item 11  March 21, 2017 – First City Council Briefing and Policy Discussion  June 7, 2017 – Cannabis Policy Community Meeting  May 29, 2018 - The City Council adopted Ordinance No. 750, adding Chapter 18.49 (“Cannabis Regulatory Program”) to the Background Suisun City Code (SCC) 288  November 26, 2019 – City Council meeting of Cannabis discussing Request for Applications process. Regulations  December 3, 2019 – City Council discussion and direction on proposed amendments to Section 18.49.  December 17, 2019 – City Council adopts updated fees relative to commercial Attachment 6 cannabis activities. Item 11 • Remove 10-acre minimum requirement for Cannabis Business Zone. • Up to three dispensaries. • Added definition of “Consumption café/lounge.” Major

289 • “Microbusiness” (proposed to be allowed). Proposed • Provided specific zoning districts and added Amendments development agreement requirements to “Cannabis Business Zones” section. • Clarifications to Cannabis Business Permit section. Attachment 6 Item 11 • Removed felony convictions for cannabis as a disqualifier for background checks. Type Zone

Type 1A = Cultivation; Specialty Indoor; Small. CSF

Type 1B = Cultivation; Specialty Mixed-Light; Small. CSF

Type 2A = Cultivation; Indoor; Small. CSF

Type 2B = Cultivation; Mixed-Light; Small. CSF

Type 3A = Cultivation; Indoor; Medium CSF

Proposed290 Type 3B = Cultivation; Mixed-Light; Medium CSF

Allowed Uses in Type 4 = Cultivation; Nursery. CSF

Zoning Type 5A = Cultivation; Indoor; Large. CSF

Type 5B = Cultivation; Mixed-Light; Large. CSF

Type 6 = Manufacturer 1 (extractions using CSF Attachment 6 mechanical methods or nonvolatile solvents). Item 11 Type Zone Type 7 = Manufacturer 2 (extractions using volatile CSF solvents). Type N = Manufacturer (no extractions, pursuant to CSF 17 CCR § 40118, and as may be amended). Type P = Manufacturer (packaging and labeling only, CSF pursuant to 17 CCR § 40118, and as may be amended). Type 8 = Testing Laboratory. CSF, CMU, DMU Type 9 = Non-Storefront Retailer (by delivery only, CSF, DMU Proposed291 pursuant to 16 CCR § 5414, and as may be amended). Allowed Uses in Type 10 = Retailer. CSF, CMU, DMU, Zoning MSMU Type 11 = Distributor. CSF Type 12 = Microbusiness CSF, CMU, DMU, MSMU

Type 13 = Distributor (transport only, pursuant to 16 CSF Attachment 6 CCR § 5315, and as may be amended). Item 11 Cultivation License Types for Indoor or Mixed-Light CSF pursuant to 3 CCR § 8201, and as may be amended). Type 14 = Consumption cafe/lounge CMU, DMU, MSMU Item 11 Attachment 6

292 Item 11 Attachment 6

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294 Item 11 Attachment 6

295  It is recommended that the City Council:  Open the Public Hearing; and  Take Public Comment; and

Staff296  Close the Public Hearing; and Recommendation  Introduce and waive the reading of Ordinance No. ___: An Ordinance of the City Council of the City of Suisun City, California Amending Chapter 18.49 “Cannabis Regulatory Program” of the Suisun City Code. Attachment 6 Item 11 Item 11 Attachment 6

297 Item 11 Attachment 6

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301 Item 11 Attachment 6

302 Questions?303 Attachment 6 Item 11 THIS PAGE INTENTIONALLY LEFT BLANK

304 Item 12

AGENDA TRANSMITTAL

MEETING DATE: February 18, 2020

CITY AGENDA ITEM: HEARING: Adoption of Council Resolution No. 2020-___: Placing Liens for Unpaid Waste Collection Service Charges on Certain Lands Situated in the City of Suisun City, County of Solano, State of California.

FISCAL IMPACT: Republic Services, Inc. is requesting that the City Council place liens on 281 delinquent solid waste accounts representing approximately $72,317.88 in uncollected solid waste collection service charges. The City’s General Fund will receive twenty-dollars per lien and 1.0 percent of the total levy amount to be used as the recording fee and to offset the administrative costs associated with the lien and levy process. Through the lien and levy process, the City will collect on outstanding franchise fees totaling 10.0 percent of the uncollected solid waste service charges when the money actually is received.

BACKGROUND: Republic Services, Inc. provides solid waste collection service for properties located in the City of Suisun City. The Suisun City Code (SCC) Section 8.08.015 requires subscribers to pay the collection charge directly to Republic Services, Inc. In the event that a customer does not pay the collection charges, Republic Services, Inc. must prepare delinquent notices to notify each customer that the account is delinquent and could be subject to a lien/levy process whereby charges would be recorded against the property. Republic Services, Inc. began actively pursuing collection of delinquent accounts in December 2001. Republic Services, Inc. will request hearings three times per year in order for the Suisun City Council to consider enforcing the lien/levy process for delinquent waste charges.

STAFF REPORT: Republic Services, Inc. customers were compared with the owners of record to the parcel information database obtained from Solano County property records. Notification letters were mailed to all known property owners advising them of the lien and levy process. The letters informed the property owners that they could present their reasons for disputing the waste collection charges by either attending the hearing, or by sending letters to the Council prior to the hearing. Republic Services, Inc. is asking that the City enforce SCC Section 8.0.170 by placing a special assessment/levying a lien on the properties that have delinquent charges. Republic Services, Inc. will verify accounts for payments prior to recording the special assessments.

STAFF RECOMMENDATION: It is recommended that the City Council: 1. Conduct a Hearing on the proposed liens; and 2. Adopt Resolution No. 2020-___: Placing Liens for Unpaid Waste Collection Service Charges on Certain Lands Situated in the City of Suisun City, County of Solano, State of California.

PREPARED BY: Joe Dingman, Administrative Services Director REVIEWED BY: Greg Folsom, City Manager 305 Item 12

ATTACHMENTS:

1. Resolution No. 2020-___: Placing Liens for Unpaid Waste Collection Service Charges on Certain Lands Situated in the City of Suisun City, County of Solano, State of California. 2. Exhibit A provides a listing of delinquent accounts, as compiled by Republic Services, Inc., and it will be updated and made available to the City Council in advance of the meeting.

306 Item 12 Attachment 1

RESOLUTION NO. 2020- 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY PLACING LIENS FOR UNPAID WASTE COLLECTION SERVICE CHARGES 3 ON CERTAIN LANDS SITUATED IN THE CITY OF SUISUN CITY, COUNTY OF SOLANO, STATE OF CALIFORNIA 4 5 WHEREAS, pursuant to the Suisun City Code (SCC) Section 8.08.015 owners of all occupied premises must subscribe to and pay for weekly waste collection service; and 6 WHEREAS, the premises located in the City of Suisun City, County of Solano, State 7 of California, and described in Exhibit A attached hereto and by this reference incorporated herein, were provided with waste collection service as required by the SCMC Section 8 8.08.015; and 9 WHEREAS, pursuant to the provisions of SCC Section 8.08.015, all required notices were directed to owners of said properties and said owners failed to make payment for waste 10 collection services as required; and 11 WHEREAS, as a result thereof, the City of Suisun City has incurred charges for delinquent waste collection charges and administrative costs, which amounts remain unpaid. 12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Suisun 13 City that pursuant to SCC Section 8.08.170, the City Council does hereby lien said premises, in 14 the amounts applicable to each specific premise as identified in Exhibit A attached hereto and incorporated herein by this reference. 15 BE IT FURTHER RESOLVED that Exhibit A may be amended to delete any 16 enumerated waste collection service charges and administrative costs paid before liens authorized hereby are forwarded to the County Recorder of Solano County, California. 17 BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record this 18 Resolution, together with Exhibit A as may be amended, with the Office of the County Recorder of Solano County, California. 19 BE IT FURTHER RESOLVED that the City Manager of the City of Suisun City is 20 authorized to take such further actions as are necessary or appropriate to implement this Resolution and is also authorized to execute any other document(s) that may be necessary or 21 appropriate to process or release said liens. 22 PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City held on Tuesday the 18th day of February 2020 by the following vote: 23 AYES: Councilmembers: 24 NOES: Councilmembers: 25 ABSENT: Councilmembers: ABSTAIN: Councilmembers: 26 WITNESS my hand and the seal of said City this 18th day of February 2020. 27 28 Donna Pock, CMC Deputy City Clerk

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308 PRELIMINARY LIEN LISTS HEARING DATES 2/18/2020 Service RSS City APN Owners Name Billing Address City # Service Address Thru Charges Charge Total Due 3234211 CORONA JAIME T & LYDIA G JT 1316 BLOSSOM AVE SUISUN CITY CA 94585 97 ALEXANDER WAY 19/12 411.65 24.12 435.77 17321409 LEUNG MICHAEL & HELEN W TR 40 ANGUIDO CT HILLSBOROUGH CA 94010 1315 AMADOR WAY 19/12 119.66 21.20 140.86 17321411 REY MICHAEL JT 1319 AMADOR WY SUISUN CITY CA 94585 1319 AMADOR WAY 19/09 245.32 22.45 267.77 17438212 GOMEZ ADRIAN V 1777 ANDREWS CR SUISUN CITY CA 94585 1777 ANDREWS CIRCLE 19/12 371.27 23.71 394.98 17438213 HILL EDWIN C JR & DELLA N JT 1781 ANDREWS CR SUISUN CITY CA 94585 1781 ANDREWS CIRCLE 19/12 245.32 22.45 267.77 17346101 NICHOLLS PATRICIA E 301 ARMSBY WY SUISUN CA 94585 301 ARMSBY WAY 19/11 195.37 21.95 217.32 17424308 WARD ROCHELLE 505 ARROYO GRANDE LN SUISUN CA 94585 505 ARROYO GRANDE LA 19/11 322.58 23.23 345.81 17423318 SKAGGS RONALD E & C M JT 523 ARROYO GRANDE LN SUISUN CA 94585 523 ARROYO GRANDE LA 19/11 245.32 22.45 267.77 17350602 RANKIN JUAN LORENZO 205 ASHWOOD DR SUISUN CA 94585 205 ASHWOOD DRIVE 19/11 245.32 22.45 267.77 17364516 HENDERSON MICHAEL G/SALGADOE‐SHARON 221 ASHWOOD DR SUISUN CITY CA 94585 221 ASHWOOD DRIVE 19/10 245.32 22.45 267.77 17335411 SNYDER JENNELYN P & GLENN T JT 1027 BARROWS DR SUISUN CITY CA 94585 1027 BARROWS DRIVE 19/11 308.68 23.09 331.77 17346118 DEGUINION RICARDO M/DEGUINION ELVIR 301 BARTLETT CT SUISUN CITY CA 94585 301 BARTLETT COURT 19/12 265.15 22.65 287.80 17354208 ESCARCEGA JESSICA/ROBLES SERGIO E V 951 BAUMAN CT SUISUN CITY CA 94585‐3720 951 BAUMAN COURT 19/09 298.90 22.99 321.89 17354202 ARIQAT MOHAMED & HITAF JT 963 BAUMAN CT SUISUN CITY CA 94585 963 BAUMAN COURT 19/11 245.32 22.45 267.77 17354302 DIAZ HILDA & RAFAEL 402 BAUMAN DR. SUISUN CITY CA 94585 402 BAUMAN DRIVE 19/10 298.99 22.99 321.98 3207404 YOUNG DERELLE A 724 BAY ST SUISUN CITY CA 94585 724 BAY STREET 19/12 371.27 23.71 394.98 3207306 HERRON STEVEN JT 816 BAY ST SUISUN CITY CA 94585 816 BAY STREET 19/11 245.32 22.45 267.77 17437412 SINGH GURDIP JT 1744 BEALE CR SUISUN CITY CA 94585 1744 BEALE CIRCLE 19/09 195.37 21.95 217.32 17351231 JONES DAVID & DOROTHY JT 916 BEECHWOOD CR SUISUN CITY CA 94585 916 BEECHWOOD CIRCLE 19/10 245.32 22.45 267.77 17351222 CHARLES T CARON JR 928 BEECHWOOD CR SUISUN CITY CA 94585 928 BEECHWOOD CIRCLE 19/11 245.32 22.45 267.77 17350308 AYMAR PATRICK M 942 BEECHWOOD CIR SUISUN CITY CA 94585‐1762 942 BEECHWOOD CIRCLE 19/09 245.32 22.45 267.77 17423308 PEPPERS MICHAEL & BRANDI L JT 534 BELLA VISTA DR SUISUN CITY CA 94585 534 BELLA VISTA DRIV 19/09 183.84 21.84 205.68 17423419 CHAVEZ NORA A 535 BELLA VISTA DR SUISUN CITY CA 94585 535 BELLA VISTA DRIV 19/10 245.32 22.45 267.77 309 17337514 JOHNSTON MICHAEL/AGUILAR‐JOHNSTON M 817 BERING WY SUISUN CITY CA 94585 817 BERING WAY 19/12 245.32 22.45 267.77 17337413 MCCLINTON ROOSEVELT JR JT 1005 BLACKSPUR CT SUISUN CITY CA 94585 1005 BLACKSPUR COURT 19/09 322.58 23.23 345.81 17337405 CASTANON LINA PO BOX 15 SUISUN CITY CA 94585 811 BLACKSPUR DRIVE 19/09 258.74 22.59 281.33 17304510 PEREZ JOSE M 802 BLOSSOM AV SUISUN CITY CA 94585 802 BLOSSOM AVENUE 19/11 245.32 22.45 267.77 17304607 BORLEK MICHAEL R & CHARITY A 813 BLOSSOM AVE SUISUN CITY CA 94585 813 BLOSSOM AVENUE 19/12 245.32 22.45 267.77 17309204 HUEY WILLIE JT 507 BLUE WING DR SUISUN CITY CA 94585 507 BLUE WING DRIVE 19/10 245.32 22.45 267.77 17349319 OLIVER JOYCE V 1002 BLUEJAY DR. SUISUN CITY CA 94585 1002 BLUEJAY DRIVE 19/11 245.32 22.45 267.77 17349317 PETERSON KATHLEEN M 1006 BLUEJAY DR SUISUN CITY CA 94585 1006 BLUEJAY DRIVE 19/11 225.35 22.25 247.60 17349414 BURTON GLORIA SWANSON 433 MEEHAN CT SUISUN CITY CA 94585‐4148 1013 BLUEJAY DRIVE 19/12 287.20 22.87 310.07 17349418 GWEN WOOD 1021 BLUEJAY DR. SUISUN CITY CA 94585 1021 BLUEJAY DRIVE 19/09 298.75 22.99 321.74 17418120 SWISHER EDUARDO TR 604 BONITA CT SUISUN CITY CA 94585‐3002 604 BONITA COURT 19/10 242.98 22.43 265.41 17346140 HEVEROH APRIL D 391 BRAZELTON CT SUISUN CITY CA 94585 391 BRAZELTON COURT 19/09 245.32 22.45 267.77 17356102 CRATER THOMAS & LATWAN A JT 223 BRIDGEWATER CR SUISUN CITY CA 94585 223 BRIDGEWATER CIRC 19/10 245.32 22.45 267.77 17356302 BOLDEN EDWARD & DEIRDRE 217 BRIDGEWATER CIR SUISUN CITY CA 94585‐1774 217 BRIDGEWATER CIRCLE 19/12 244.73 22.45 267.18 3236216 GONZALEZ DAVID 75 BUENA VISTA AVE SUISUN CA 94585 75 BUENA VISTA AVENU 19/10 245.32 22.45 267.77 17311201 DAVID BROWN 825 CACKLING DR SUISUN CITY CA 94585 825 CACKLING DRIVE 19/11 145.36 21.45 166.81 3215117 CRATZ ANTHONY L TR 215 CALIFORNIA ST SUISUN CITY CA 94585 215 CALIFORNIA STREE 19/10 245.32 22.45 267.77 17330107 SMITH CHERYL D 910 CANADA GOOSE DR SUISUN CA 94585 910 CANADA GOOSE DRI 19/10 245.32 22.45 267.77 17302319 JASON & KRISTI HERRIER 341 CANVASBACK DR SUISUN CITY CA 94585‐1811 341 CANVASBACK DRIVE 19/10 245.32 22.45 267.77 17303204 MARTINEZ, JAZMIN 409 CANVASBACK DR. SUISUN CITY CA 94585 409 CANVASBACK DRIVE 19/10 245.32 22.45 267.77 17303114 CARDENAS MISAEL 2321 PEACH TREE DR. #4 FAIRFIELD CA 94533 416 CANVASBACK DRIVE 19/12 447.17 24.47 471.64 Attachment 1 17422411 JOSEPH TOMLINSON 710 CAPISTRANO DR SUISUN CA 94585 710 CAPISTRANO DRIVE 19/12 239.33 22.39 261.72 17428107 MARIBEL ORTEGA 728 CHULA VISTA WY SUISUN CA 94585 728 CHULA VISTA WAY 19/10 245.32 22.45 267.77 17428104 WAYNE LAGETTA B TR 734 CHULA VISTA WY SUISUN CITY CA 94585 734 CHULA VISTA WAY 19/11 245.32 22.45 267.77 Exhibit 1

3723211 LOVELAND ESTHER G 412 CHYRL WY SUISUN CITY CA 94585 412 CHYRL WAY 19/12 239.33 22.39 261.72 Item 12 3723521 BANKS VERA L 502 CHYRL WY SUISUN CITY CA 94585 502 CHYRL WAY 19/11 245.32 22.45 267.77 17306407 LAFON LONNIE D & DONNIE L57 LEMONWOOD WAY SUISUN CITY CA 94585‐3282 341 CINNAMON WAY 19/10 72.10 20.72 92.82 17306315 FELDTMAN MIREILLE R 344 CINNAMON WY SUISUN CITY CA 94585 344 CINNAMON WAY 19/12 371.27 23.71 394.98 17356218 EDWARDS GERALD & ANTOINETTE JT 212 CLEARBROOK CT SUISUN CITY CA 94585 212 CLEARBROOK COURT 19/12 245.32 22.45 267.77 17310318 SHARI LYNN PAPADOPOULOS 535 COOT LN SUISUN CITY CA 94585 535 COOT LANE 19/10 205.55 22.06 227.61 3234217 AZZOPARDI STEPHEN P & M L90 CORAL LN SUISUN CITY CA 94585‐1712 90 CORAL LANE 19/10 145.32 21.45 166.77 17321113 FAVIOLA REYES & DANIEL 701 CRANE DR SUISUN CITY CA 94585 701 CRANE DRIVE 19/09 245.32 22.45 267.77 17324221 ANZUETO LUIS E & FRANCIS M JT 1211 CRANE DR SUISUN CA 94585 1211 CRANE DRIVE 19/11 399.85 24.00 423.85 17355233 SPEARS JOE 948 CRAVEN CT SUISUN CITY CA 94585 948 CRAVEN COURT 19/11 92.65 20.93 113.58 17353504 MALDONADO, JOSE JUAN 308 CRAVEN WY SUISUN CITY CA 94585 308 CRAVEN WAY 19/11 245.32 22.45 267.77 17353106 WENDY FARJAT 403 DICKEY CT SUISUN CITY CA 94585 403 DICKEY COURT 19/10 245.32 22.45 267.77 17353211 MEZA ELIAS 406 DICKEY CT SUISUN CITY CA 94585 406 DICKEY COURT 19/09 245.32 22.45 267.77 17353104 WILSON LOIS E 407 DICKEY CT SUISUN CITY CA 94585 407 DICKEY COURT 19/10 245.32 22.45 267.77 17353214 MARK & ROBIN BENNETT 412 DICKEY CT SUISUN CA 94585 412 DICKEY COURT 19/12 245.32 22.45 267.77 3233102 JARREAU LEGARDA ALEXIS 1000 DOLPHIN CT SUISUN CITY CA 94585 1000 DOLPHIN COURT 19/10 239.33 22.39 261.72 17347508 EDWARDS JOYCE R 570 ZEPHYR CIRCLE DANVILLE CA 94526‐5237 405 DONALDSON COURT 19/11 245.32 22.45 267.77 17439308 WILLIAMS OZNIESHA C 1756 DOVER CR SUISUN CITY CA 94585 1756 DOVER CIRCLE 19/09 322.58 23.23 345.81 17314312 THPI ACQUISITION HOLDINGS LLC 1292 LINCOLN AVE SAN RAFAEL CA 94901 544 EAST WIGEON WAY 19/10 245.32 22.45 267.77 17331205 CREGGETT ANTHONY & MARIAN 1403 EBBETTE CT SUISUN CA 94585 1403 EBBETTS COURT 19/11 195.37 21.95 217.32 17351206 KRUMMES MICHAEL S 928 EDGEWOOD CR SUISUN CITY CA 94585 928 EDGEWOOD CIRCLE 19/09 245.32 22.45 267.77 17351202 IBAY OSCAR M & ADELINA C JT 51 GRAFTON AVE SAN FRANCISCO CA 94112 936 EDGEWOOD CIRCLE 19/11 245.32 22.45 267.77 17418250 DAVID L WELLER / WELLER P 509 EL MAR CT SUISUN CA 94585 509 EL MAR COURT 19/11 322.58 23.23 345.81 17418241 COLEMAN JUAN S 510 EL MAR CT SUISUN CITY CA 94585 510 EL MAR COURT 19/10 245.32 22.45 267.77 17418245 PUCCI JOSEPH P & DEBRA JT 518 EL MAR CT SUISUN CITY CA 94585 518 EL MAR COURT 19/11 245.32 22.45 267.77 17422422 ROCKY RAQUEDAN 1502 EL PRADO LANE SUISUN CITY CA 94585 1502 EL PRADO LANE 19/11 239.33 22.39 261.72 17330216 DUSCHKA ALLEN CPO BOX 1680 LAKEPORT CA 95453‐1680 520 EMPEROR DRIVE 19/10 195.37 21.95 217.32 17344208 WOODRUFF CORY M 904 EMPEROR DR SUISUN CITY CA 94585 904 EMPEROR DRIVE 19/11 81.54 20.82 102.36 17344329 ARMANDO LOPEZ 911 EMPEROR DR. SUISUN CITY CA 9458525 911 EMPEROR DRIVE 19/12 245.32 22.45 267.77 17365112 GATRELL MICHAEL R 208 FAIRBROOK CT SUISUN CITY CA 94585 208 FAIRBROOK COURT 19/09 245.32 22.45 267.77 17373214 MERRITT RUTH M 131 BILL BEAN CIR SACRAMENTO CA 95835 308 FLAGSTONE CIRCLE 19/12 387.82 23.88 411.70 17373203 BAUGH JACQUELINE L 338 FLAGSTONE CR SUISUN CITY CA 94585 338 FLAGSTONE CIRCLE 19/09 245.32 22.45 267.77 17375116 THORNTON CAROL & BERNARD JT 350 FLAGSTONE CR SUISUN CITY CA 94585 350 FLAGSTONE CIRCLE 19/10 245.32 22.45 267.77 17440205 ROHDE RONALD & RACHELLE JT 1700 FORT ORD CT SUISUN CITY CA 94585 1700 FORT ORD COURT 19/12 360.53 23.61 384.14 17440204 LEVIEN ANDREW J & JENNIFER L 1704 FORT ORD CT SUISUN CITY CA 94585 1704 FORT ORD COURT 19/12 242.98 22.43 265.41 17440102 BOBIS RICHARD D & GEMMA Y JT 1705 FORT ORD CT SUISUN CITY CA 94585 1705 FORT ORD COURT 19/10 245.32 22.45 267.77 310 17418405 TORRES VERONICA L 511 FORTUNA DR SUISUN CITY CA 94585 511 FORTUNA DRIVE 19/12 201.22 22.01 223.23 17418402 FIGUEROA RAMON 517 FORTUNA DR SUISUN CITY CA 94585 517 FORTUNA DRIVE 19/09 245.32 22.45 267.77 17423406 MOODY ROBERT E & LISA R JT 530 FORTUNA DR SUISUN CITY CA 94585 530 FORTUNA DRIVE 19/11 245.32 22.45 267.77 3231107 FLETCHER JAMES C & VICTORIA JT 910 FRANCISCO DR SUISUN CITY CA 94585 910 FRANCISCO DRIVE 19/11 242.99 22.43 265.42 3229513 GOSIENGFIAO RUDOLPH & C B JT 914 FREEDOM DR SUISUN CITY CA 94585 914 FREEDOM DRIVE 19/09 245.32 22.45 267.77 3719245 GALLARDO JAVIER & LETICIA JT 603 FREIDA DR SUISUN CITY CA 94585 603 FRIEDA DRIVE 19/10 245.32 22.45 267.77 17325326 STUBBS TIMOTHY & BONNIE JT 504 FULMAR DR SUISUN CITY CA 94585 504 FULMAR DRIVE 19/11 245.32 22.45 267.77 17308701 HANSEN, LINDSAY 601 GOLDEN EYE WY SUISUN CITY CA 94585 601 GOLDEN EYE WAY 19/09 245.32 22.45 267.77 17305416 BORJA BERNARD P I JT 809 GOLDEN EYE WY SUISUN CITY CA 94585 809 GOLDEN EYE WAY 19/12 245.32 22.45 267.77 17353201 JANEA CHAPMAN 413 GOODAIR CT SUISUN CITY CA 94585 413 GOODAIR COURT 19/11 245.32 22.45 267.77 17304213 NICHOLAS JOHNSON 821 GREENHEAD WY SUISUN CITY CA 94585 821 GREENHEAD WAY 19/12 159.55 21.60 181.15 17336435 SOSA‐VALENCIA ORLANDO 1014 GREYLAG DR SUISUN CITY CA 94585‐2912 1014 GREYLAG DRIVE 19/10 245.32 22.45 267.77 17336508 WOODS LAWRENCE W & L D JT 1015 GREYLAG DR SUISUN CITY CA 94585 1015 GREYLAG DRIVE 19/09 245.32 22.45 267.77 17329126 HERNANDEZ JOSE A PSC 76 BOX 149 APO AE 09720‐0002 909 HARLEQUIN WAY 19/11 94.75 20.95 115.70 17329124 GARCIA‐MARTINEZ JAIME 913 HARLEQUIN WY SUISUN CITY CA 94585 913 HARLEQUIN WAY 19/11 245.32 22.45 267.77 17450208 BARRETT JOHN N JR & D E JT 1628 HARRISBURG LN SUISUN CITY CA 94585 1628 HARRISBURG LANE 19/12 245.32 22.45 267.77 17360316 CAM IX TRUST 2015 MANHATTEN STE. 100 REDONDO BEACH CA 90278 1315 HEMBRE COURT 19/12 245.32 22.45 267.77 17318502 BLANCO ALONZO N 808 HERON DR SUISUN CITY CA 94585 808 HERON DRIVE 19/10 245.32 22.45 267.77 17317402 DUTT VINEETA A 826 HERON DR SUISUN CITY CA 94585 826 HERON DRIVE 19/09 245.32 22.45 267.77 17436219 NICOLE MOLINAR 1613 HICKAM CIR SUISUN CITY CA 94585 1613 HICKAM CIRCLE 19/09 373.84 23.74 397.58 17436204 HEARD CHARLES & TAMYRA JT 1685 HICKAM CR SUISUN CITY CA 94585 1685 HICKAM CIRCLE 19/10 245.32 22.45 267.77 Attachment 1 17331406 FRYE JOHN K 609 HUMBOLT DR SUISUN CITY CA 94585 609 HUMBOLT DRIVE 19/12 239.33 22.39 261.72 3724310 HARRIS SAMANTHA L 1103 HUMPHREY DR. SUISUN CITY CA 94585 1103 HUMPHREY DRIVE 19/12 245.32 22.45 267.77 17338101 LOPEZ XAVIER A 901 JAVAN WY SUISUN CA 94585 901 JAVAN WAY 19/11 196.54 21.97 218.51 Exhibit 1

17361314 TIMOTEO REFUERZO 201 KEYES LN SUISUN CA 94585 201 KEYES LANE 19/11 245.32 22.45 267.77 Item 12 17361315 GLANDT BLAINE P & ROSE M JT 205 KEYES LN SUISUN CITY CA 94585 205 KEYES LANE 19/10 245.32 22.45 267.77 17348217 VICTOR SHIRLEY 1315 KIMBERLY CT SUISUN CITY CA 94585 1315 KIMBERLY COURT 19/09 245.32 22.45 267.77 17321402 ESPINOSA JESUS 611 KINGLET ST SUISUN CITY CA 94585 611 KINGLET STREET 19/11 89.22 20.89 110.11 3718082 ROHIT SACHDEV 3028 OVERLOOK DR. VALLEJO CA 94591 402 KINGS WAY 19/12 324.04 23.24 347.28 3723118 CLAY JOHN ELLIOT KINDEL 407 KINGS WY SUISUN CITY CA 94585 407 KINGS WAY 19/11 89.66 20.90 110.56 3723118 CLAY JOHN ELLIOT KINDEL 407 KINGS WY SUISUN CITY CA 94585 407 KINGS WAY 19/11 245.32 22.45 267.77 17322203 TOLBERT KENNETH E 611 KLAMATH DR SUISUN CITY CA 94585 611 KLAMATH DRIVE 19/11 245.32 22.45 267.77 17331203 MAGANA REINA P 623 KLAMATH DR SUISUN CA 94585 623 KLAMATH DRIVE 19/11 245.32 22.45 267.77 17331211 YVETTE MARTINEZ R 627 KLAMATH DR SUISUN CITY CA 94585 627 KLAMATH DRIVE 19/11 245.32 22.45 267.77 17329311 NEELY LEON & MARY JT 507 LABRADOR WY SUISUN CITY CA 94585 507 LABRADOR WAY 19/10 245.32 22.45 267.77 17330206 GUINASSO LAURA A 904 LABRADOR WAY SUISUN CITY CA 94585 904 LABRADOR WAY 19/10 245.38 22.45 267.83 17329225 SPRENGELMEYER R J & JAN L JT 907 LABRADOR WY SUISUN CA 94585 907 LABRADOR WAY 19/10 245.32 22.45 267.77 17326214 GRAHAM RICHARD & MARY F JT 514 LASSEN AV SUISUN CITY CA 94585 514 LASSEN AVENUE 19/11 239.33 22.39 261.72 17326322 CABRERA SANDRA PADILLA 515 LASSEN CIR SUISUN CITY CA 94585 515 LASSEN AVENUE 19/12 176.79 21.77 198.56 3240217 BOB EMBRY / DALEE HOLBEIN 52 LEMONWOOD WY SUISUN CITY CA 94585 52 LEMONWOOD WAY 19/11 291.62 22.92 314.54 3229121 THOMPSON KATHRYN L 910 LIBERTY DR SUISUN CITY CA 94585 910 LIBERTY DRIVE 19/11 245.32 22.45 267.77 3229323 YOUNG WILLIAM T & ALICE V JT 1014 LIBERTY DR SUISUN CITY CA 94585 1014 LIBERTY DRIVE 19/10 245.32 22.45 267.77 3730123 HERNANDEZ YSMAEL & G JT 1306 LOIS LN SUISUN CA 94585 1306 LOIS LANE 19/09 245.32 22.45 267.77 17338503 PILLAY CHANDRA & MOHINI 1015 LONGSPUR DR SUISUN CITY CA 94585 1015 LONGSPUR DRIVE 19/10 119.66 21.20 140.86 17338503 PILLAY CHANDRA & MOHINI 1015 LONGSPUR DR SUISUN CITY CA 94585 1015 LONGSPUR DRIVE 19/11 149.30 21.49 170.79 3207418 DARBY DERWIN & GLORIA JT 731 LOTZ WY SUISUN CITY CA 94585 731 LOTZ WAY 19/09 289.44 22.89 312.33 3207315 TIM HOYE 823 LOTZ WY SUISUN CA 94585 823 LOTZ WAY 19/12 132.32 21.32 153.64 3207316 MICHAEL RUIZ 827 LOTZ WAY SUISUN CITY CA 94585 827 LOTZ WAY 19/09 245.32 22.45 267.77 32164470 CHAVEZ ERNESTO 1104 MAIN ST. SUISUN CITY CA 94585 1104 MAIN ST 19/08 371.41 23.71 395.12 3224418 MARTINEZ JOSE A 224 MAPLE ST. SUISUN CITY CA 94585 224 MAPLE STREET 19/12 169.60 21.70 191.30 17360510 ROBINSON RONNIE JT 305 MARSTON CT SUISUN CITY CA 94585 305 MARSTON COURT 19/12 245.32 22.45 267.77 17360407 DARNELL WENDY JT 316 MARSTON CT SUISUN CITY CA 94585 316 MARSTON COURT 19/11 245.32 22.45 267.77 17347104 MCRAY RODERICK D & CLEO S 1275 MAYFIELD CIRCLE SUISUN CITY CA 94585 1275 MAYFIELD CIRCLE 19/09 245.32 22.45 267.77 17346137 SACMAN WARLITO C & T M TR 1060 MAYFIELD WY SUISUN CITY CA 94585 1060 MAYFIELD WAY 19/12 245.32 22.45 267.77 17359505 VO DINH 429 MCFALL CT SUISUN CITY CA 94585 429 MCFALL COURT 19/10 195.37 21.95 217.32 17443209 MAXIE RUSSELL D/MAXIE SINAMI R 1665 MCGUIRE CR SUISUN CITY CA 94585 1665 MCGUIRE CIRCLE 19/12 245.32 22.45 267.77 17443202 BACCHUS BEVERLY A & J R JT 1693 MCGUIRE CR SUISUN CITY CA 94585 1693 MCGUIRE CIRCLE 19/10 245.38 22.45 267.83 17360505 RANSOM CHARLES SR & D P JT 312 MCNABE CT SUISUN CITY CA 94585 312 MCNABE COURT 19/11 245.32 22.45 267.77 17380418 RANDHAWA PURDEEP 429 MEEHAN CT SUISUN CITY CA 94585 429 MEEHAN COURT 19/11 195.37 21.95 217.32 17380306 WILLIE TURNER 430 MEEHAN CT SUISUN CITY CA 94585 430 MEEHAN COURT 19/12 341.94 23.42 365.36 311 17380304 RAZO MOSES & LISET M JT 438 MEEHAN CT SUISUN CITY CA 94585 438 MEEHAN COURT 19/10 55.52 20.56 76.08 3719219 ENAULT WILLIAM W & DOLORES JT 1203 MICHAEL CT SUISUN CA 94585 1203 MICHAEL COURT 19/11 245.32 22.45 267.77 17342302 BROWN TORIANO D 1663 KIRKWOOD AV SAN FRANCISCO CA 94124 1423 MONITOR AVENUE 19/10 245.32 22.45 267.77 17430321 GARDNER RACHEL A/GARDNER C W 724 MONTE CARLO DR SUISUN CITY CA 94585 724 MONTE CARLO DRIV 19/12 371.27 23.71 394.98 3215110 SMITH MARY E JT 216 MORGAN ST SUISUN CA 94585 216 MORGAN STREET 19/10 155.32 21.55 176.87 3215108 JESSICA MALL 224 MORGAN ST SUISUN CITY CA 94585 224 MORGAN STREET 19/09 245.32 22.45 267.77 3215607 WEISS DIANNE 2428 N HUMBOLDT BLVD MILWAUKEE WI 53212 406 MORGAN STREET 19/09 40.89 20.41 61.30 3240102 BRANDON SPHAR 50 MOSSWOOD DR. SUISUN CITY CA 94585‐1718 50 MOSSWOOD DRIVE 19/10 245.32 22.45 267.77 3239302 SHOEMAKER NANCY J TR 67 MOSSWOOD DR SUISUN CITY CA 94585 67 MOSSWOOD DRIVE 19/10 245.32 22.45 267.77 3240108 CARLISLE ROUNAL C & MARIA E JT 806 MOSSWOOD DR SUISUN CITY CA 94585 806 MOSSWOOD DRIVE 19/11 251.72 22.52 274.24 3240107 CENDEJAS RODOLFO & MARIA JT 808 MOSSWOOD DR SUISUN CITY CA 94585 808 MOSSWOOD DRIVE 19/09 92.63 20.93 113.56 3240104 OCHOA JOSETIONAL MTG ASSC 814 MOSSWOOD DR. SUISUN CITY CA 94585 814 MOSSWOOD DRIVE 19/11 299.47 22.99 322.46 17349303 TONGA TEVITA 1005 MURRE WY SUISUN CITY CA 94585 1005 MURRE WAY 19/10 245.32 22.45 267.77 17313408 VELASQUEZ AIDALILA & W JT 908 MUSCOVY CT SUISUN CA 94585 908 MUSCOVY COURT 19/11 245.32 22.45 267.77 3234106 WELCH NANCY & JIM JT 508 NADEL DR SUISUN CITY CA 94585 508 NADEL DRIVE 19/10 245.32 22.45 267.77 3230315 SETTEMBRINO RALPH N 1002 NEPTUNE CT SUISUN CITY CA 94585 1002 NEPTUNE COURT 19/10 245.38 22.45 267.83 17345514 WILLIAMS DWIGHT L & DORI JT 833 OSPREY WY SUISUN CITY CA 94585 833 OSPREY WAY 19/12 196.25 21.96 218.21 17431412 GIBSON RONALD L 700 PALERMO DR SUISUN CITY CA 94585 700 PALERMO DRIVE 19/12 245.32 22.45 267.77 3231313 BOBO, JAMES 507 PAULA DR SUISUN CITY CA 94585 507 PAULA DRIVE 19/11 249.22 22.49 271.71 17380510 DAVID MILLER 425 PEARCE CT SUISUN CITY CA 94585 425 PEARCE COURT 19/09 245.32 22.45 267.77 17363206 HAMILTON SHERNETTA 914 PEPPERWOOD DR SUISUN CITY CA 94585 914 PEPPERWOOD STREET 19/10 195.37 21.95 217.32 Attachment 1 17362130 BARLAS JAMES G 578 PEYTONIA CT SUISUN CITY CA 94585‐4127 578 PEYTONIA COURT 19/11 256.93 22.57 279.50 17362145 WILLIAMS LOUISE TR 607 PEYTONIA CT SUISUN CITY CA 94585 607 PEYTONIA COURT 19/12 245.32 22.45 267.77 17323311 ROSE LINDA MARIE 1105 PHEASANT DR SUISUN CA 94585 1105 PHEASANT DRIVE 19/11 245.32 22.45 267.77 Exhibit 1

17323205 VALLEJO REYES D & V K JT 1116 PHEASANT DR SUISUN CITY CA 94585 1116 PHEASANT DRIVE 19/10 39.89 20.40 60.29 Item 12 17323321 CLARK TINA JT 1123 PHEASANT DR SUISUN CITY CA 94585 1123 PHEASANT DRIVE 19/11 289.44 22.89 312.33 17323325 DAY OLLIE JT 1203 PHEASANT DR SUISUN CITY CA 94585 1203 PHEASANT DRIVE 19/11 245.32 22.45 267.77 3733108 MARTINEZ STEFANIE 1337 PHILLIP WY SUISUN CITY CA 94585 1337 PHILIP WAY 19/09 86.78 20.87 107.65 37331090 TODD HOGLUND 1339 PHILLIP WAY SUISUN CITY CA 94585 1339 PHILIP WAY 19/11 246.31 22.46 268.77 173062080 JACKSON‐MCCLAIN KIRSTEN 343 PINTAIL DR SUISUN CITY CA 94585 343 PINTAIL DR. 19/12 443.86 24.44 468.30 173194060 RODRIGUEZ VICTOR 1307 PINTAIL DR. SUISUN CITY CA 94585 1307 PINTAIL DR. 19/12 393.48 23.93 417.41 17304438 JOVIAN COLBERT 318 PINTAIL DR SUISUN CITY CA 94585 318 PINTAIL DRIVE 19/12 119.66 21.20 140.86 17306203 ALI FAIYAZ/ALI FEREEN 333 PINTAIL DR. SUISUN CITY CA 94585 333 PINTAIL DRIVE 19/11 643.32 26.43 669.75 17306206 ORTEZ NINA C 339 PINTAIL DR SUISUN CITY CA 94585 339 PINTAIL DRIVE 19/10 124.34 21.24 145.58 17336101 WILLIAMS BARRY R 907 PINTAIL DR SUISUN CITY CA 94585 907 PINTAIL DRIVE 19/09 19.94 20.20 40.14 17318720 GONZALEZ JOSE/GONZALEZ SANDRA 1117 PINTAIL DR SUISUN CITY CA 94585 1117 PINTAIL DRIVE 19/12 140.63 21.41 162.04 17318725 MARLO MACALINO 1211 PINTAIL DR SUISUN CITY CA 94585 1211 PINTAIL DRIVE 19/10 245.38 22.45 267.83 17331233 PITRE ROSHANDA M 1423 PINTAIL DR SUISUN CITY CA 94585 1423 PINTAIL DRIVE 19/10 245.32 22.45 267.77 17321305 TAITAGUE FELIX /TAITAGUE PEGGY A 615 PLACER LANE SUISUN CITY CA 94585 615 PLACER LANE 19/10 289.44 22.89 312.33 17341103 GRANBY ERNEST LINNELL 1424 PLUMAS DR SUISUN CITY CA 94585 1424 PLUMAS DRIVE 19/11 195.37 21.95 217.32 17313305 BERDAK PAUL L & REGINA L JT 809 POCHARD WY SUISUN CA 94585 809 POCHARD WAY 19/10 245.38 22.45 267.83 17313303 BERDAK, SALVATORE D 813 POCHARD WAY SUISUN CITY CA 94585 813 POCHARD WAY 19/10 196.30 21.96 218.26 17337106 GORDON WALTER S IV TR 816 POCHARD WY SUISUN CITY CA 94585 816 POCHARD WAY 19/11 245.32 22.45 267.77 17312505 VAUGHN BETTY N 821 POCHARD WY SUISUN CITY CA 94585 821 POCHARD WAY 19/10 245.32 22.45 267.77 17312503 VALENZUELA JOSE 825 POCHARD WY SUISUN CITY CA 94585 825 POCHARD WAY 19/10 49.39 20.49 69.88 17368202 HERNANDEZ BASILIA M & J A JT 1036 POTRERO CR SUISUN CITY CA 94585 1036 POTRERO CIRCLE 19/12 46.25 20.46 66.71 17335512 MCELROY PATRICK H & JAN M JT 1013 PRAIRIE DR SUISUN CA 94585 1013 PRAIRIE DRIVE 19/10 205.26 22.05 227.31 17335435 EVANS KAYLE & ANN JT 1016 PRAIRIE DR SUISUN CITY CA 94585 1016 PRAIRIE DRIVE 19/09 245.32 22.45 267.77 17375305 SMITH WILLIE CLAUDETTE TR 317 PROMENADE CR SUISUN CITY CA 94585 317 PROMENADE CIRCLE 19/10 245.32 22.45 267.77 17341215 DARDEN BEVERLY 1404 PROSPECT WY SUISUN CITY CA 94585 1404 PROSPECT WAY 19/09 245.32 22.45 267.77 17341208 JACKSON ERNEST N & BETTY A JT 1418 PROSPECT WY SUISUN CITY CA 94585 1418 PROSPECT WAY 19/11 245.32 22.45 267.77 17341313 TEEL JUSTIN D & KIMBERLY A JT 1425 PROSPECT WY SUISUN CITY CA 94585 1425 PROSPECT WAY 19/12 289.44 22.89 312.33 3245303 JASPER SHELBA 209 RAMBLER ROSE LN SUISUN CITY CA 94585 209 RAMBLER ROSE LAN 19/09 58.46 20.58 79.04 17374312 RAMIREZ ARTURO G 204 REDSTONE CR SUISUN CITY CA 94585 204 REDSTONE CIRCLE 19/11 245.32 22.45 267.77 17374104 WASHINGTON PAULA K & C M JT 254 REDSTONE CIR. SUISUN CITY CA 94585 254 REDSTONE CIRCLE 19/11 245.32 22.45 267.77 17365205 STEWART DEBRA J & GLENN K JT 328 RIDGECREST CIRCLE SUISUN CITY CA 94585 328 RIDGECREST CIRCL 19/10 135.29 21.35 156.64 17308417 SIMS CLARA ELIZABETH TR PO BOX 1185 SUISUN CITY CA 94585 600 RING NECK LANE 19/10 245.32 22.45 267.77 17308408 TUBBS TEANETA 700 RING NECK LN SUISUN CITY CA 94585 700 RING NECK LANE 19/10 245.32 22.45 267.77 17308524 YAVROM FAMILY TRUST 6238 PINECREEK WY CITRUS HEIGHTS CA 95621 701 RING NECK LANE 19/09 287.20 22.87 310.07 3237206 CHEN RUOZHEN 8 PERRY DR. PRINCETON JUNCTION NJ 08550 513 RIO VERDE 19/11 245.32 22.45 267.77 312 3247216 GAMBOA FRANKIE & YVETTE Y JT 733 ROCKY POINT COVE SUISUN CITY CA 94585 733 ROCKY POINT COVE 19/11 171.29 21.71 193.00 3240411 OCHOA JUAN 67 REDONDO AVE SUISUN CA 94585 67 RODONDO AVENUE 19/12 378.16 23.78 401.94 3240202 JETER MARTHA M JT 82 RODONDO AV SUISUN CITY CA 94585 82 RODONDO AVENUE 19/10 115.99 21.16 137.15 3240508 ABAD RAFAEL G & KIKU O JT 85 RODONDO AV SUISUN CA 94585 85 RODONDO AVENUE 19/10 245.32 22.45 267.77 17304313 AEREVALOS ELISEO L 812 RUDDY LN SUISUN CITY CA 94585 812 RUDDY LANE 19/09 245.32 22.45 267.77 3212110 SCHETTLER ERNEST BPO BOX 20112 PORTLAND OR 97294‐0112 303 SACRAMENTO STREE 19/09 245.32 22.45 267.77 3212113 SMITH LORELENE J 305 SACRAMENTO ST #B SUISUN CITY CA 94585 305 SACRAMENTO STREE 19/09 245.32 22.45 267.77 3718027 RUTTENBERG JOSEPH A & J L JT 409 SARAH WY SUISUN CITY CA 94585 409 SARAH WAY 19/12 6.54 20.07 26.61 17303503 TAYLOR ROBERT J & PAULINE M JT 827 SCAUP LN SUISUN CITY CA 94585 827 SCAUP LANE 19/10 245.32 22.45 267.77 3224108 MACIAS FRANCISCO 28 GLEN CANYON CT. PITTSBURG CA 94565 1157 SCHOOL STREET 19/08 134.02 21.34 155.36 17305517 MILLER ERNESTINE C TR 16653 OAKHAVEN LN SONORA CA 95370 810 SCOTER WAY 19/11 32.56 20.33 52.89 3235205 ROGERS DANIEL A & SANDRA A JT 601 SHANNON DR SUISUN CITY CA 94585 601 SHANNON DRIVE 19/09 118.28 21.18 139.46 17307109 CHAVEZ GUILLERMO JT 404 SHOVELLER DR SUISUN CITY CA 94585 404 SHOVELLER DRIVE 19/10 245.32 22.45 267.77 3732206 ROLLINS DOLORES & ALLEN D 365 SILK OAK DR SUISUN CITY CA 94585 365 SILK OAK DRIVE 19/12 245.32 22.45 267.77 3732116 TERRIS ROBERT B & ROSARIO S JT 1210 SILK OAK DR SUISUN CA 94585 1210 SILK OAK DRIVE 19/11 168.49 21.68 190.17 173202300 DEMARCOS AYERS 618 SKYLARK DR. SUISUN CITY CA 94585 618 SKYLARK DR. 19/12 6.54 20.07 26.61 17320501 RYAN FENNIE 605 SKYLARK DR SUISUN CITY CA 94585 605 SKYLARK DRIVE 19/10 245.32 22.45 267.77 17320505 WALLER MICHAEL E II 613 SKYLARK DR SUISUN CITY CA 94585 613 SKYLARK DRIVE 19/09 245.32 22.45 267.77 3211307 HALL STEPHEN E 224 SOLANO ST SUISUN CITY CA 94585 224 SOLANO STREET 19/11 245.32 22.45 267.77 17304430 NYLA HECKNANN 800 SPOONBILL SUISUN CITY CA 94585 800 SPOONBILL LANE 19/10 245.32 22.45 267.77 17338126 PRUITT HAILEY S 910 STELLER WY SUISUN CITY CA 94585 910 STELLER WAY 19/09 192.91 21.93 214.84 Attachment 1 17338123 JOHN A & NANCY K FORD 916 STELLER WY SUISUN CA 94585 916 STELLER WAY 19/10 245.32 22.45 267.77 174514160 JIMENEZ JOANNA TANAP 1750 STONEMAN DR. SUISUN CITY CA 94585 1750 STONEMAN DRIVE 19/11 245.32 22.45 267.77 3737032 KHEHRA SARABP 181 SUMMERTIME LANE SUISUN CITY CA 94585 1125 STRAWBERRY LANE 19/12 235.44 22.35 257.79 Exhibit 1

3738024 JACKSON TAWHNEE L 1157 STRAWBERRY LANE SUISUN CITY CA 94585 1157 STRAWBERRY LANE 19/09 298.85 22.99 321.84 Item 12 3738025 PERION BRIAN & KAMMY 1161 STRAWBERRY LANE SUISUN CITY CA 94585 1161 STRAWBERRY LANE 19/09 245.32 22.45 267.77 3208410 DURAN JOSEEFINA 516 SUISUN ST SUISUN CITY CA 94585 516 SUISUN STREET 19/11 105.24 21.05 126.29 3216425 SANDERS ANNA MARIE 1105 SUISUN ST SUISUN CA 94585 1105 SUISUN STREET 19/12 245.32 22.45 267.77 3736019 LENG JINGMIN JT 44860 TROUT CT FREMONT CA 94539 125 SUMMERTIME LANE 19/09 114.36 21.14 135.50 3738010 JANE STAFFORD 179 SUNSHINE ST. SUISUN CITY CA 94585 179 SUNSHINE STREET 19/12 245.32 22.45 267.77 17323221 BRADLEY MICHAEL JR 1115 SWALLOW LN SUISUN CITY CA 94585 1115 SWALLOW LANE 19/11 299.26 22.99 322.25 17325501 MOZQUEDA LETICIA/VELAZQUEZ ROBERTO 1401 SWIFT CT SUISUN CITY CA 94585 1401 SWIFT COURT 19/08 149.58 21.50 171.08 17377118 JUSTIN PHILLIP 203 TAMARISK CR SUISUN CITY CA 94585 203 TAMARISK CIRCLE 19/10 245.32 22.45 267.77 17377205 RIZALADO ROBERTINO S & H N JT 208 TAMARISK CR SUISUN CITY CA 94585 208 TAMARISK CIRCLE 19/11 245.32 22.45 267.77 17376304 CALIZ IDALIA M 254 TAMARISK CR SUISUN CITY CA 94585 254 TAMARISK CIRCLE 19/11 245.32 22.45 267.77 17376212 MONINA GRACE DELACRUZ 267 TAMARISK CIR. SUISUN CITY CA 94585 267 TAMARISK CIRCLE 19/10 245.38 22.45 267.83 17376208 KEETON TAROYL T & ZENOBIA N JT 275 TAMARISK CR SUISUN CITY CA 94585 275 TAMARISK CIRCLE 19/10 146.70 21.47 168.17 3730305 ZAMUDIO JUAN 516 THOMAS CR SUISUN CITY CA 94585 516 THOMAS CIRCLE 19/10 245.32 22.45 267.77 3730226 KING LAURA LYNN 525 THOMAS CR SUISUN CA 94585 525 THOMAS CIRCLE 19/10 242.98 22.43 265.41 3730225 MCLEMORE R E/DVA CHERYL M 527 THOMAS CR SUISUN CITY CA 94585 527 THOMAS CIRCLE 19/10 170.95 21.71 192.66 17319432 PELAYO MANUEL 1310 THRASHER WY SUISUN CITY CA 94585 1310 THRASHER WAY 19/12 242.98 22.43 265.41 17370314 MCCURN JULIUS SR JT 1406 TILLMAN ST SUISUN CITY CA 94585 1406 TILLMAN STREET 19/12 209.69 22.10 231.79 17370306 REGINALD WELLS 1438 TILLMAN ST. SUISUN CITY CA 94585 1438 TILLMAN STREET 19/10 295.50 22.96 318.46 17370113 NICOLE MOLINAR K 1613 HICKAM CIR. SUISUN CITY CA 94585 1453 TILLMAN STREET 19/09 195.37 21.95 217.32 17329216 COLBERT TAMARA J 908 TRUMPETER CT SUISUN CITY CA 94585 908 TRUMPETER COURT 19/12 194.60 21.95 216.55 17329102 GOMEZ ARACELIVALENTINO 514 TRUMPETER DR. SUISUN CITY CA 94585 514 TRUMPETER DRIVE 19/12 371.27 23.71 394.98 17447305 ANTHONY EDDIE & ATRESE 516 SKYLARK DR. SUISUN CITY CA 94585 1616 TUCSON CIRCLE 19/12 245.32 22.45 267.77 17343502 DENISE YAP 831 TULARE CR SUISUN CA 94585 831 TULARE CIRCLE 19/12 245.32 22.45 267.77 17343117 CLUTTS GLENDA L 838 TULARE CR SUISUN CITY CA 94585 838 TULARE CIRCLE 19/11 245.32 22.45 267.77 17425410 SMITH JOE R & EUNICE M 1714 VENTURA WY SUISUN CITY CA 94585 1714 VENTURA WAY 19/10 245.32 22.45 267.77 17425404 LEWIS ANITRA R 1726 VENTURA WY SUISUN CITY CA 94585 1726 VENTURA WAY 19/11 245.32 22.45 267.77 3243103 MAGDALENO JUAN M/DURAN CECILIA M 405 VINEWOOD CT SUISUN CITY CA 94585 45 VINEWOOD COURT 19/12 345.62 23.46 369.08 17323216 LANI BUENAVENTURA 1105 SWALLOW LN SUISUN CITY CA 94585 1105 WALLOW LANE 19/11 145.60 21.46 167.06 17320223 GARCIA SANTIAGO H & J 1113 WAXWING LN SUISUN CITY CA 94585 1113 WAXWING LANE 19/10 245.32 22.45 267.77 17320204 HUKILL WILLIAM M 1114 WHIPPORWILL WY SUISUN CITY CA 94585 1114 WHIPPORWILL WAY 19/12 245.32 22.45 267.77 3232303 MORGAN VALENTINA 722 WHISPERING BAY LN SUISUN CITY CA 94585 722 WHISPERING BAY L 19/12 245.32 22.45 267.77 17335205 JESSICA KIAINERT 5684 BAY ST. EMERYVILLE CA 94608‐2451 1030 WHISTLER DRIVE 19/10 48.16 20.48 68.64 17370126 LEI ALVIN G 1448 WHITBY WAY SUISUN CITY CA 94585 1448 WHITBY WAY 19/12 374.03 23.74 397.77 17312304 MENDOZA MILTON & MARIBEL JT 607 WHITE WING CT SUISUN CITY CA 94585 607 WHITE WING COURT 19/10 251.60 22.52 274.12 17312305 ONEAL HARRY (ESTATE) DORA O'NEAL 609 WHITE WING CT SUISUN CITY CA 94585 609 WHITE WING COURT 19/10 245.32 22.45 267.77 313 17336602 SMITH MARCIA JT 1003 WHOOPER WY SUISUN CITY CA 94585 1003 WHOOPER WAY 19/11 258.10 22.58 280.68 17336606 GONZALES JOSE A 1011 WHOOPER WY SUISUN CITY CA 94585 1011 WHOOPER WAY 19/10 245.32 22.45 267.77 17336525 OLMOS‐AGUILERA MARIO 1022 WHOOPER WAY SUISUN CITY CA 94585 1022 WHOOPER WAY 19/11 299.52 23.00 322.52 17336612 MOORE STEVEN & MARIA D JT 1023 WHOOPER WY SUISUN CITY CA 94585 1023 WHOOPER WAY 19/09 195.37 21.95 217.32 17336616 GRIFFITH ALBERT L 1031 WHOOPER WY SUISUN CITY CA 94585 1031 WHOOPER WAY 19/11 245.32 22.45 267.77 17308202 WILSON WENDY J 624 WIGEON WY SUISUN CITY CA 94585 624 WIGEON WAY 19/11 245.32 22.45 267.77 17306106 MARTINEZ MARIA ELENA TR 186 ASHTON AV SAN FRANCISCO CA 94112‐2208 720 WIGEON WAY 19/09 245.32 22.45 267.77 17306106 MARTINEZ MARIA ELENA TR 186 ASHTON AV SAN FRANCISCO CA 94112‐2208 720 WIGEON WAY 19/10 317.38 23.17 340.55 17344102 CURRIE BRIAN D SR & MEAGAN L 1007 WINTERS WY SUISUN CITY CA 94585 1007 WINTERS WAY 19/09 245.32 22.45 267.77 17314107 SIGLER KEVIN P & KAREN R JT 533 WOODDUCK DR SUISUN CITY CA 94585‐2133 533 WOOD DUCK DRIVE 19/10 322.58 23.23 345.81 17323213 TOWNSEND KENNETH D & SUSAN JT 3525 VALLEY VIEW CT FAIRFIELD CA 94534‐8633 515 WOODLARK DRIVE 19/12 277.00 22.77 299.77 17318204 GIVENS, GREGORY R 704 WOODLARK DR SUISUN CITY CA 94585‐2246 704 WOODLARK DRIVE 19/10 245.32 22.45 267.77 3719242 SCHULT GLORIA L 1215 WORLEY WY SUISUN CA 94585 1215 WORLEY ROAD 19/12 245.32 22.45 267.77 3719110 CHURCHWELL NICKOLAUS A 1301 WORLEY RD SUISUN CITY CA 94585 1301 WORLEY ROAD 19/12 245.32 22.45 267.77 17345617 CAREY EMILY OLEVIA 833 YOSEMITE WY SUISUN CITY CA 94585 833 YOSEMITE WAY 19/11 245.32 22.45 267.77 17345623 FLORES DENNIS Y JR 911 YOSEMITE WY SUISUN CITY CA 94585 911 YOSEMITE WAY 19/11 245.32 22.45 267.77 17448114 TAYLOR‐WHALEN CHERYL LYNN JT 1649 YOUNGSTOWN LANE SUISUN CITY CA 94585‐6336 1649 YOUNGSTOWN LANE 19/12 245.32 22.45 267.77 17326225 JENSEN SHERRY M & CHARLES C JT 506 YUBA CT. SUISUN CITY CA 94585 506 YUBA COURT 19/12 244.96 22.45 267.41 TOTAL 281 66,037.50 6,280.37 72,317.88 Attachment 1 Exhibit 1 Item 12 THIS PAGE INTENTIONALLY LEFT BLANK

314 Item 13

AGENDA TRANSMITTAL

MEETING DATE: February 18, 2020

CITY AGENDA ITEM: Council Adoption of Resolution No. 2020-__: Approving the Emergency Operations Plan Update for the City of Suisun City and Letter of Promulgation.

FISCAL IMPACT: There is no immediate fiscal impact associated with approving the plan. There may be future costs associated with implementation of the plan.

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.

BACKGROUND: The Suisun City Emergency Operations Plan (EOP) was originally created and adopted in 2002. Since the adoption of the first version, a Local Hazard Mitigation Plan was completed in 2017 outlining threats specific to Suisun City. Additionally, the Federal Emergency Management Agency (FEMA) has updated policies and practices for disaster mitigation throughout the nation.

STAFF REPORT: In 2019, the Fire Department began updating the City’s EOP to take into account the findings of the Local Hazard Mitigation Plan and incorporate disaster management changes introduced by FEMA. The EOP and its adoption by resolution is required to maintain compliance with the State’s Standardized Emergency Management System (SEMS) and the federal government’s National Incident Management System (NIMS) program elements. This enables the City to be eligible for state and federal disaster assistance and preparedness funding. The plan also fulfills federal and state planning requirements for Homeland Security Grant eligibility.

By its nature, an EOP is a living document whereby processes, guidance, and protocols change from time to time and so too must this document. The City’s Fire Department is responsible for reviewing the plan on an annual basis and coordinating revisions as required.

Updating the City’s EOP is consistent with City Council’s goal of preparing the employees and citizens of Suisun City for the potential of natural or manmade disasters within the city limits. This EOP was fully analyzed and reviewed by the Council established Public Safety and Emergency Management Citizens Committee over several meetings. On January 16, 2020 the Committee recommended Council approve the EOP.

STAFF RECOMMENDATION: It is recommended that the City Council: 1. Adopt Resolution No. 2020- Approving the Emergency Operations Plan Update for the City of Suisun City and Letter of Promulgation.

PREPARED BY: Justin Vincent, Fire Chief REVIEWED AND APPROVED BY: Greg Folsom, City Manager 315 Item 13

ATTACHMENTS: 1. Resolution No. 2020 - Approving the Emergency Operations Plan Update for the City of Suisun City and Letter of Promulgation. 2. Letter of Promulgation 3. PowerPoint Presentation 4. Proposed Emergency Operations Plan (due to size document is available with the City Clerk).

316 Item 13 Attachment 1

1 RESOLUTION NO. 2020- 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY APPROVING THE EMERGENCY OPERATIONS 3 PLAN UPDATE FOR THE CITY OF SUISUN CITY AND LETTER OF PROMULGATION. 4 WHEREAS, protecting life and property by way of emergency preparedness is one of the 5 primary responsibilities of a local municipality; and 6 WHEREAS, an Emergency Operations Plan (EOP) provides the framework for emergency response and emergency management during disasters; and 7 WHEREAS, the City of Suisun City adopted its Emergency Operations Plan in 2002 and 8 the Fire Department is responsible for reviewing this plan on an annual basis; and 9 WHEREAS, the Emergency Operations Plan is a requirement of the California Standardized Emergency Management System (SEMS) and the National Incident Management 10 System (NIMS); and 11 WHEREAS, updating the City’s Emergency Operations plan is consistent with City Council’s goal of continuing to foster and support the safest neighborhoods, promote the unique 12 attributes of Suisun City communities and lifestyles; and 13 WHEREAS, updating the City’s Emergency Operations Plan is in line with the Suisun City 2020-2025 Strategic Plan Section 3.6 - Develop and implement emergency preparation, 14 response and recovery plans across the organization in collaboration with other community efforts; 15 and 16 WHEREAS, the Public Safety and Emergency Management Citizens Committee reviewed and recommended Council approval of the Emergency Operations Plan on January 16th, 17 2020. 18 NOW, THEREFORE, the City Council of Suisun City hereby approves the 2020 Emergency Operations Plan Update for the City of Suisun City and Letter of Promulgation 19 supporting emergency preparedness. 20 PASSED AND ADOPTED at the Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, the 18th day of February 2020, by the following vote: 21 AYES: Councilmembers: 22 NOES: Councilmembers: 23 ABSENT: Councilmembers: ABSTAIN: Councilmembers: 24 WITNESS my hand and the seal of said City this 18th day of February 2020. 25 26 27 Donna Pock, CMC Deputy City Clerk 28

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318 Item 13 Attachment 2

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320 EMERGENCY

321 MANAGEMENT Attachment 3 Item 13 What is Emergency Management? Emergency management is the managerial function charged with creating the framework within which communities reduce vulnerability to hazards and cope with disasters.

A Emergency Operation Plan (EOP) is a document with outlines how a facility will respond to an emergency.

322 The EOP sets guidelines to manage a disaster in an effective, efficient, and timely manner. • The most recent EOP was completed in 2005 the updated EOP was finalized in November 2019.

An emergency operations center (EOC) is a central command and control facility responsible for carrying out the principles of emergency preparedness and emergency management, or disaster management functions

at a strategic level during an emergency, and ensuring the continuity of operation of a company, political Attachment 3 subdivision or other organization. Item 13 Emergency Operations Plan (EOP)

Draft Final Public Safety Committee August 1st, 2019 November 1st, 2019 February 16th, 2020

323 Estimated date of completion for the First Presented to Committee and approved and • • Full review completed by • Draft of the EOP recommended for Council adoption. . Fire Chief • Shall include draft copy of the new: . EOP Plan . Police Chief . Training plan . City Manager . Annexes Evacuation Annex

 Attachment 3  Flood Annex Item 13  Earthquake Annex  Civil Disturbance Annex  References to Solano County EOP Annexes Director of Emergency Management

Deputy Director of Emergency Emergency Management Organizational Liaison PIO Chart Safety/Risk Legal

Operations Planning Logistics Finance 324

Fire/Rescue/ Situation Human Cost Medical Status Resource/ Volunteer Resource Staff Report Resource Police Time Keeping Status

Communications/IT Damage Public Works Claims Assessment Attachment 3

Transport Item 13 Care & Shelter Demobilization

Purchasing & Supply Documentation

Facilities Emergency Operations Center (EOC)

City Hall was previously the EOC for Suisun City, after a recent evaluation of the facility, it was determined the location was not only poorly suited for an EOC, it was also dangerous to the staff members responding. There is only one way in

325 and one way out, leading to congestion in an already confusing time. The location is also prone to many of the environmental disasters we are attempting to prepare for. The new EOC will be located at: Burdick Center Substation The Current Temporary EOC: 1101 Charleston Street Suisun City, CA 94585

Suisun City Fire Station Attachment 3 • In need of changes to allow of an effective center of operations

621 Pintail Dr. Item 13 • Future funding for facility upgrades Suisun City, CA 94585 • Generator • Telecommunications • Office equipment • Facility infrastructure upgrades City Staff Training

FEMA Training Table Top Exercises 326  The Incident Command System (ICS)  Once the EOP has been approved training will begin soon. and adopted, table top exercises can  All Staff will complete ICS 100, 200, 700, 800. take place.  Each staff member will learn their roll  Command Staff/Department Heads and Managers will complete ICS 300 and 400. and what the expectations for each position. Attachment 3  They will also be given mock

emergencies to manage from Item 13 beginning to end.