Agenda packet — Vacaville City Council, April 14, 2026 (part 1 of 2)

City of Vacaville Agenda for the City Council,
Successor Agency to the Redevelopment
Agency, Housing Authority,
Groundwater Sustainability Agency and
Public Financing Authority
Tuesday, April 14, 2026
05:00 PM
Vacaville City Hall Council Chamber
650 Merchant Street
Entrance to the council Chamber is located
in the parking area off of Walnut Avenue
___________________________________________________________________________ The City of Vacaville is committed to providing meeting facilities that are accessible to persons with disabilities.

Council meetings can be viewed live on the City of Vacaville's website at www.cityofvacaville.com (select the link to view the meeting from the Agenda/Minutes page), on the City’s YouTube account, or Cable Channel 26. Comments on agenda items can be emailed to the City Clerk up to 3:30p.m. prior to the meeting by emailing [email protected]. Please include the item number on which you wish to comment. Written comments will be provided to the City Council for consideration before Council action and will be made available to the public for review. Comments received are kept as part of the record of the meeting. In compliance with the Americans with Disabilities Act, if you need special assistance, please contact the City Clerk’s Office at (707) 449-5100.

All items on the agenda can be opened for public comment before final action is taken. After staff has presented the item, the Mayor will open the matter for comments from the public. Items on the Consent Calendar are routine business items that require no discussion and are acted upon in one motion. However, any item on the Consent Calendar can be removed and discussed separately upon request. The item “Business from the Floor” is the time to address the Council on matters that are not on the agenda and are within the Council’s subject matter jurisdiction.

Comments should be kept to a maximum of three minutes per speaker or group spokesperson (per Government Code § 54954.3(a); VMC §2.0.4.130); the Mayor has the discretion to change the time limit to accommodate the meeting schedule and public interest.

Gov. Code § 84308 (Levine Act): Parties to any proceeding involving a license, permit, or other entitlement for use pending before the City Council must disclose any campaign contribution over $500 (aggregated) within the preceding 12 months by the party, their agent, and those required to be aggregated with their contributions under Gov. Code § 82015.5. The disclosure must include the amount contributed and the name(s) of the contributor(s). "Levine Act: Yes" on this agenda indicates that the item is subject to these regulations.

Closed Session
Pursuant to California Government Code Section 54950, et seq.

Conference with Legal Counsel - Existing Litigation
(Pursuant to Government Code Section 54956.9)
National Prescription Opiate Litigation, No. 1:17-MD-2804-DAP (N.D. Ohio) (Remnant Defendants)
Roll Call for the Regular Meeting
Mayor/Chair John Carli

1. 1.a

2. Vice Mayor/Vice-Chair Michael Silva, District 3
Council/Agency/Authority Member Roy Stockton, District 1 Council/Agency/Authority Member Greg Ritchie, District 2 Council/Agency/Authority Member Sarah Chapman, District 4 Council/Agency/Authority Member Ted Fremouw, District 5 Council/Agency/Authority Member Jeanette Wylie, District 6 Moment of Silence followed by the Pledge of Allegiance
Report out of Closed Session
Approval of Agenda
Reports of the City Council
Update on Recent Attended Boards, Commissions, and Committee Meetings Reports of City Manager
Presentations
Bioville USA 2026 Proclamation
(Staff Contact: Erin Morris, Community & Economic Development Director (707) 449-5307) 2026 Fair Housing Month Proclamation/Community Contest Announcement (Staff contact: Odessa Lopez, Executive Assistant, (707) 449-5678) 2026 Dispatcher Week Proclamation
(Staff contact: Melissa Costigan, Police Department Communications Manager, (707) 449-4806) Consent Calendar
Ordinance Amending Title 3 Revenue and Finance of the City of Vacaville Municipal Code by Updating Chapter 3.16, Transient Occupancy Tax to Strengthen Enforcement and Modernize Administration (Second Reading) (Staff Contact: Leslie Hoover, Assistant Director of Finance (707) 449-5103) Individual Action: By simple motion, adopt the subject ordinance.

Fiscal Impact:

Amount Requested: None
Funding Source: General Fund (1001)
Budget Distribution: The costs of staff time associated with this item, in connection with preparing this ordinance for Council’s review, are covered within existing operating budgets of the relevant City departments.

Strategic Plan Goal/Initiative:

Goal #2 - Strengthen the Local Economy (Initiative 2A: Articulate a Current Economic Development Program)

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5. 6.

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Goal #3 - Protect Vacaville's Quality of Life (Initiative 3A: Promote Housing for All) Goal #4 - Maintain Effective and Efficient Services (Initiative 4A: Ensure Fiscal Sustainability) Levine Act: No
Resolution Authorizing the Director of Utilities to Execute a California Water/Wastewater Agency Response Network (CALWARN) 2007 Omnibus Mutual Assistance Agreement
(Staff Contact: Miguel Medina, Operations and Maintenance Manager (707) 469-6407) Individual Action: By simple motion, the City Council approve a resolution authorizing the Director of Utilities to execute a California Water/Wastewater Agency Response Network (CalWARN) 2007 Omnibus Mutual Assistance Agreement and authorize the City of Vacaville Utilities Department to participate in a statewide mutual aid network.

Fiscal Impact:

Amount Requested: There is no cost associated with executing the CalWARN Mutual Assistance Agreement or participating in the network.

If mutual aid is requested or provided during an emergency, costs associated with personnel, equipment, and materials may be reimbursable under the terms of the agreement and may also qualify for State or Federal disaster reimbursement, depending on the incident.

Funding Source: N/A
Budget Distribution: N/A
Strategic Plan Goal/Initiative:

Goal #4 - Maintain Effective and Efficient Services
Levine Act: No
Resolution Approving Amendments to the City of Vacaville Investment Poilcy (Staff Contact: Ken Matsumiya, Director of Finance (707) 449-5180) Individual Action: By simple motion, adopt the subject resolution.

Fiscal Impact:

Amount Requested: Not applicable
Funding Source: Not applicable
Budget Distribution: Not applicable
Strategic Plan Goal/Initiative:

Goal #4 - Maintain Effective and Efficient Services
Levine Act: No
Resolution Accepting Public Improvements 2025 Slurry Seal Project (Staff Contact: Jacob Smith, Construction Manager (707) 449-5429) Individual Action: By simple motion, adopt the subject resolution.

Fiscal Impact:

Amount Requested: There are no additional funds requested for this item.

Funding Source: Measure M (1002) and Gas Tax (4010)
Budget Distribution: The budget for this project is included in the Capital Improvement Project account #820384, and sufficient funding exists in the project account.

Strategic Plan Goal/Initiative:

Goal #4 - Maintain Effective and Efficient Services
Levine Act: No

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Resolution Accepting Public Improvements for the Expansion of Transit Building Project
(Staff Contact: Jacob Smith, Construction Manager (707) 449-5429) Individual Action: By simple motion, adopt the subject resolution.

Fiscal Impact:

Amount Requested: There are no additional funds requested for this item.

Funding Source: Federal Transit Administration (FTA) and Transportation Development Act (TDA).

Budget Distribution: The budget for this project is included in the Capital Improvement Project account #810348, and sufficient funding exists in the project account.

Strategic Plan Goal/Initiative:

Goal #4 - Maintain Effective and Efficient Services
Levine Act: No
Resolution Accepting Public Improvements for the Vacaville Museum Restroom Renovation Project
(Staff Contact: Jacob Smith, Construction Manager (707) 449-5429) Individual Action: By simple motion, adopt the subject resolution.

Fiscal Impact:

Amount Requested: There are no additional funds requested for this item.

Funding Source: 2000 Tax Allocation Bond (TAB) Proceeds Budget Distribution: The budget for this project is included in the Capital Improvement Project account #810363, and sufficient funding exists in the project account.

Strategic Plan Goal/Initiative:

Goal #4 - Maintain Effective and Efficient Services
Levine Act: No
Resolution to Award the Construction Contract for the Tulare Drive Water Line Replacement Project to the Apparent Low Bidder - KOIOS Engineering Inc., a California Corporation in the amount of $553,140
(Staff Contact: Daniel Sutton, Engineering Manager (707) 449-5053) Individual Action: By simple motion, adopt the subject resolution.

Fiscal Impact:

Amount Requested: No additional funds are requested.

Funding Source: Water Major Replacement (5103).

Budget Distribution: The budget for this project is included in the Capital Improvement Project account #860124, and sufficient funding exists in the project account.

Strategic Plan Goal/Initiative:

Goal #4 - Maintain Effective and Efficient Services
Levine Act: No
Resolution Approving the Final Map for Roberts Ranch Village D-North (Staff Contact: Chris Gioia, Public Works Engineering Manager (707) 449-5160) Individual Action: By simple motion, adopt the subject resolution.

Fiscal Impact:

Amount Requested: There are no funds requested for this item.

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Funding Source: Public Works - Development Engineering (2028) Budget Distribution: The budget for any expenses related to this item is included in the Public Works - Development Engineering annual operating budget.

Strategic Plan Goal/Initiative:

Goal #3 - Protect Vacaville's Quality of Life
Initiative 3A: Promote Housing for All
Levine Act: Yes
Resolution Approving the Design Concept for Alebrije Sculpture Public Art at Trower Park
(Staff Contact: Melody Land, Recreation Manager (707) 449-5657) Individual Action: By simple motion, adopt the subject resolution.

Fiscal Impact:

Amount Requested: No additional funds are being requested.

Funding Source: Measure M (1002)
Budget Distribution: The budget for the art components is included in the Trower Park Improvement Project (840163).

Strategic Plan Goal/Initiative:

Goal #3 - Protect Vacaville's Quality of Life
Goal #4 - Maintain Effective and Efficient Services
Goal #5 - Promote Community Engagement and Increased Equity and Inclusion Levine Act: Yes
Approval of Minutes – Approve the Minutes for the Regular Meeting of March 24, 2026 and the Special Meeting of April 7, 2026
(Staff Contact: Michelle Thornbrugh, City Clerk (707) 449-5100) Individual Action: Approve the minutes for the Regular meeting of Mar 24, 2026 and Special meeting of April 7, 2026.

Fiscal Impact:

Amount Requested: There are no funds requested for this item.

Funding Source: Not applicable
Budget Distribution: Not applicable
Strategic Plan Goal/Initiative:

Goal #4 - Maintain Effective and Efficient Services
Levine Act: No
Approval of Accounts Payable and Payroll Payment of Claims for the Weeks Ending March 20,2026; March 27,2026; and April 3,2026; and Wire and ACH Disbursements for the Month of March 2026
(Staff Contact: Ken Matsumiya, Director of Finance (707) 449-5180) Individual Action: By simple motion, approve the Payment of Claims Fiscal Impact: The claims paid for the period total $20,361,924.64 Amount Requested: Not applicable
Funding Source: Not applicable
Budget Distribution: Not applicable
Strategic Plan Goal/Initiative:

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Goal #4 - Maintain Effective and Efficient Services
Levine Act: No
Business from the Floor
This is the time to address the Council with issues that are not on the agenda that are within the Council’s subject matter jurisdiction. With certain exceptions, the City Council may not discuss or take action on items that are not on the agenda. Members of the audience wishing to address a specific agendized item are encouraged to offer their public comment during consideration of that item.

Comment is limited to three minutes per speaker or group spokesperson per Government Code §54954.3(a); VMC §2.04.130.

Public Hearings
Resolution Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors, City of Vacaville Community Facilities District No. 11 (Southtown Police and Fire Services) Annexation No. 8 (Vandengate); AND Resolution Declaring Results of Special Annexation Election, Determining Validity of Prior Proceedings, and Directing Recording of an Amendment to Notice of Special Tax Lien, City of Vacaville Community Facilities District No. 11 (Southtown Police and Fire Services) Annexation No. 8 (Vandengate); AND Ordinance Levying Special Tax within the City of Vacaville Community Facilities District No. 11 (Southtown Police and Fire Services), Including Certain Annexation Territory, City of Vacaville Community Facilities District No. 11 (Southtown Police and Fire Services) Annexation No. 8 (Vandengate) (First Reading)
(Staff Contact: Ken Matsumiya, Director of Finance (707) 449-5180) Recommended Action: Hold the Public Hearing for the Annexation of property into Community Facilities District No. 11. If no majority protest is received at the public hearing, instruct City Clerk to open ballot for the special tax election and announce results. If the ballot is voted in favor of the annexation: adopt by simple motion the Resolution Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors; adopt by simple motion the Resolution Declaring Results of Special Annexation Election; and by title only, introduce the Ordinance Levying Special Tax within Community Facilities District No. 11, including the annexation territory.

Fiscal Impact:

Amount Requested: Not applicable
Funding Source: Not applicable
Budget Distribution: Not applicable
Strategic Plan Goal/Initiative:

Goal #2 - Strengthen the Local Economy
Initiative 2B - Manage Impacts from Growth
Goal #4 - Maintain Effective and Efficient Services
Levine Act: No
Resolution Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors, City of Vacaville Community Facilities District No. 12 (Police and Fire Services) Annexation No. 6 (Vanden Cove Phase 1); AND Resolution Declaring Results of Special Annexation Election, Determining Validity of Prior Proceedings, and Directing Recording of an Amendment to Notice of Special Tax Lien, City of

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Vacaville Community Facilities District No. 12 (Police and Fire Services) Annexation No. 6 (Vanden Cove Phase 1); AND Ordinance Levying Special Tax within the City of Vacaville Community Facilities District No. 12 (Police and Fire Services), Including Certain Annexation Territory, City of Vacaville Community Facilities District No. 12 (Police and Fire Services) Annexation No. 6 (Vanden Cove Phase 1) (First Reading) (Staff Contact: Ken Matsumiya, Director of Finance (707) 449-5180) Recommended Action: Hold the Public Hearing for the Annexation of property into Community Facilities District No. 12. If no majority protest is received at the public hearing, instruct City Clerk to open ballot for the special tax election and announce results. If the ballot is voted in favor of the annexation: adopt by simple motion the Resolution Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors; adopt by simple motion the Resolution Declaring Results of Special Annexation Election; and by title only, introduce the Ordinance Levying Special Tax within Community Facilities District No. 12, including the annexation territory.

Fiscal Impact:

Amount Requested: Not applicable
Funding Source: Not applicable
Budget Distribution: Not applicable
Strategic Plan Goal/Initiative:

Goal #2 - Strengthen the Local Economy
Initiative 2B - Manage Impacts from Growth
Goal #4 - Maintain Effective and Efficient Services
Levine Act: No
Business
Approval of Vacaville Housing Authority Housing Choice Voucher (Section 8) Annual Public Housing Agency Plan and Moving-to-Work Supplemental Plan and Revisions to the Vacaville Housing Authority Administrative Plan to Implement Administrative Policies and Updates
(Staff Contact: Celinda Aguilar-Vasquez, Housing Services Administrator (707) 449-5689) Recommended Action: By simple motion, adopt the resolution approving the Vacaville Housing Authority Annual Public Housing Agency Plan and Moving-to-Work Supplemental Plan and Vacaville Housing Authority Administrative Plan revisions.

Fiscal Impact:

Amount Requested: None
Funding Source: Housing Grants (2009-Housing Vouchers-VHA) Budget Distribution: The budget for any expenses related to this item is included in the annual operating budget for Housing Grants.

Strategic Plan Goal/Initiative:

Goal #3 - Protect Vacaville's Quality of Life
Initiative 3A: Promote Housing for All
Levine Act: No
Budget Update - Cost Savings Measures
(Staff Contact: Ken Matsumiya, Director of Finance (707) 449-5180) Recommended Action: Receive the information and provide feedback.

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Fiscal Impact:

Amount Requested: No funding is required or requested for this item.

Funding Source: Not applicable
Budget Distribution: Not applicable
Strategic Plan Goal/Initiative:

Goal #4 - Maintain Effective and Efficient Services
Initiative 4A: Ensure Fiscal Sustainability
Levine Act: No
Resolution Adopting Updates to the General Fund Reserve Policy (Staff Contact: Ken Matsumiya, Director of Finance (707) 449-5180) Recommended Action: By simple motion, adopt the subject resolution.

Fiscal Impact:

Amount Requested: No funding is required or requested for this item.

Funding Source: Not applicable
Budget Distribution: Not applicable
Strategic Plan Goal/Initiative:

Goal #4 - Maintain Effective and Efficient Services
Initiative 4A: Ensure Fiscal Sustainability
Levine Act: No
Resolution Adopting the Strategic Plan for Fiscal Years 2027-2029 (Jul 2027 thru Jun 2029)
(Staff Contact: Rica Guidry, Program Manager (707) 449-5134) Recommended Action: By simple motion, adopt the subject resolution Fiscal Impact:

Amount Requested: None
Funding Source: General Fund (1001)
Budget Distribution: The costs of staff time associated with this item are covered within the City Manager's Office's existing operating budget.

Strategic Plan Goal/Initiative:

Goal #4 - Maintain Effective and Efficient Services
Initiative 4C: Build a Positive Organizational Culture and Workforce Levine Act: No
Adjournment
All public records relating to an open session item that are not exempt from disclosure pursuant to the Public Records Act and that are distributed to a majority of the City Council will be available for public inspection during normal business hours at the City Administration Counter at City Hall, 650 Merchant Street. The City may charge customary photocopying charges for requested copies of such documents.

This agenda and related materials may also be available on the City's website under Public Meetings and Agendas' subject to our staff's ability to pose the documents prior to the meeting. To view City Council meetings, tune in to cable Channel 26, or log onto the City's website at www.cityofvacaville.com to watch the meeting live or on-demand. If you have any questions, please contact the City Clerk's office at (707) 449-5100.

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I declare that the agenda for the Regular Meeting of the City Council/Successor Agency to the Redevelopment Agency/Groundwater Sustainability Agency/Public Financing Authority was posted and available for review by the time and place prescribed by law. ______________________________
Michelle A. Thornbrugh, City Clerk
Tuesday, April 14, 2026 Page 9
Agenda Item No. 9A
April 14, 2026
TO: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
FROM: Ken Matsumiya, Finance Director
Leslie Hoover, Assistant Finance Director
Nancy Ashjian, Assistant City Attorney
(Staff contact: Leslie Hoover, Assistant Finance Director (707) 449-5103) SUBJECT: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VACAVILLE AMENDING TITLE 3 REVENUE AND FINANCE OF THE CITY OF VACAVILLE MUNICIPAL CODE BY UPDATING CHAPTER 3.16, TRANSIENT OCCUPANCY

TAX TO STRENGTHEN ENFORCEMENT AND MODERNIZE

ADMINISTRATION (SECOND READING)
ACTION FOR CONSIDERATION:

The City Council will consider a second reading and adoption of a proposed ordinance repealing and replacing Chapter 3.16 of the Vacaville Municipal Code, which governs the City's Transient Occupancy Tax.

RECOMMENDATION:

By simple motion, adopt the subject ordinance.

BACKGROUND:

On March 24, 2026, the subject ordinance was introduced - which repeals and replaces Chapter

3.16 of the Vacaville Municipal Code - to modernize a chapter that has not been comprehensively updated since 2003, reflect current legal requirements, and strengthen the City’s enforcement tools for the collection and administration of the Transient Occupancy Tax.

The City’s current Transient Occupancy Tax (TOT) ordinance (Chapter 3.16) establishes the tax at 8% of rent charged for transient occupancy, defines “hotel,” “operator,” “transient,” and other terms, and outlines monthly reporting, registration, recordkeeping, penalties, interest, and refunds.

While functional, the ordinance lacked several contemporary enforcement and administrative tools (e.g., explicit audit cost-shifting, broader inspection authority, lien recording detail, and a streamlined appeals track), making it harder to ensure consistent compliance and timely collections.

In addition to the City’s 8% Transient Occupancy Tax (TOT), Vacaville hotels contribute to the Vacaville Tourism Marketing District (VTMD), also known as Visit Vacaville, through a BID assessment that funds marketing, promotions, and product development to support local lodging and attract overnight tourism. The assessment is 4% for hotels with 20 or more rooms (increased from 3% effective November 1, 2025) and 2% for smaller properties. The VTMD, originally established as a Hotel Business Improvement District in 2004 and renewed in 2017, is managed by Visit Vacaville and is currently authorized through March 31, 2032. Hotels also remit a 2% Measure I (Excise) tax, bringing the total lodging-related rate for larger properties to 14%.

Item 9.a
The City has engaged Hinderliter De Llamas & Associates (HdL) to conduct a comprehensive review of both the Business License Tax (BLT) and Transient Occupancy Tax (TOT) ordinances to develop modernization options. This effort is part of a broader strategy to modernize, simplify, and strengthen enforcement options.

Compliance and Exemptions: Clarifying Expectations
The existing Chapter 3.16 places the duty on operators to collect and remit TOT, register, file monthly returns, and maintain three years of records (not including the current year). It also clarifies long-term occupant exemptions (30+ consecutive days) and requires operators to obtain a signed exemption claim form prior to or on the first day of occupancy; absent a timely claim, the occupant is treated as transient for the first 30 days, ensuring tax applies unless properly documented. These rules remain critical and are preserved and clarified in the update.

DISCUSSION:

Finance and City Attorney staff have worked with HdL and incorporated their recommendations for updates, including appeals, audits, inspections, liens, and administrative rules. The ordinance update incorporates the consultant’s targeted improvements to enforcement and administration:

Updated and Reorganized Definitions (Section 3.16.010)
The definitions section has been updated to reflect the current title of Director of Finance for the Tax Administrator, and pronoun usage has been standardized throughout. Definitions for "shortterm rental" and "short-term rental facilitator" have been added to address the evolving lodging landscape and ensure the chapter's coverage is current. While the City does not currently have a short-term rental ordinance, these definitions have been included so that should the City adopt such an ordinance in the future, this chapter would not require amendment to address short-term rental activity.

Strengthened Tax Imposition Provisions (Section 3.16.020) This section has been reorganized for clarity and readability. The most significant change is a new provision making clear that the hotel operator is responsible for paying the tax to the City, regardless of whether the operator actually collected it from the guest. Under the prior ordinance, it was unclear who the City should pursue first when tax went unpaid. This update removes that ambiguity and ensures the City can go directly after the operator. The existing rules around complimentary rooms, cancelled reservations, and installment payments have been carried over without change.

New Exemptions Framework (Sections 3.16.030 and 3.16.040) The exemption provisions have been split into two sections to make them easier to follow. Section

3.16.030 lists who qualifies for an exemption from the tax, such as long-term occupants and federal government employees. Section 3.16.040 explains the process an operator must follow to claim that exemption. The key change here is that the operator now bears the responsibility of proving that an exemption applies, and no exemption will be recognized unless the operator submits the required claim form on time. This closes a gap that previously allowed operators to claim exemptions without adequate documentation.

Item 9.a
Strengthened Collection and Fiduciary Duty Provisions (Section 3.16.050) Operators are required by law to collect the TOT from guests and hold those funds on behalf of the City until they are remitted. This section reinforces that obligation and adds a new provision addressing situations where an operator mixes the collected tax funds with their own general business funds. When that happens, the Tax Administrator is authorized to take enforcement action to protect the City's interest in those funds, including recording a lien against the operator's property.

Enhanced Registration and New Suspension and Revocation Authority (Sections 3.16.060 and 3.16.070)
Every hotel operator is required to obtain a transient occupancy registration certificate from the City before collecting TOT from guests. This update makes clear that operating without one is a civil violation subject to enforcement. More significantly, new Section 3.16.070 gives the City the ability to suspend or revoke that certificate if an operator falls more than ninety (90) days behind on their tax obligations. Before any suspension or revocation takes effect, the operator receives written notice and has fifteen days to either pay what is owed or request a hearing. This is one of the more practical enforcement tools in the updated ordinance, as an operator cannot legally collect rent from guests without a valid certificate.

Short-Term Rental Facilitator Provisions (Section 3.16.080) This new section addresses online platforms and other services that facilitate short-term rentals, such as booking websites. It has been included proactively so that if the City decides to allow short-term rentals in the future, the TOT collection and reporting framework would already be in place and this chapter would not need to be amended. Any platform operating within the City is subject to TOT collection and reporting obligations. Specifically, any platform that collects payment from a guest for a short-term rental within the City is required to collect and remit the TOT to the City on the host's behalf. When a platform does so, the host's obligation for that transaction is considered satisfied, though the host remains responsible for any amount the platform fails to collect or remit.

Updated Penalties and Interest (Section 3.16.100)
This section has been reorganized and updated in two key ways. First, the ordinance now expressly caps the total penalty for late payment at twenty percent of the tax owed, regardless of how long the delinquency continues. This provides clarity for both operators and the City on the maximum exposure for late remittances. Second, penalties have been extended to cover online platforms and other short-term rental facilitators that fail to submit required reports or remit collected tax to the City, ensuring that facilitators are held to the same standard as hotel operators.

Updated Appeal Procedures (Section 3.16.120)
This section establishes a clear, three-step appeal process for any operator who disagrees with a tax determination or enforcement decision. An operator who disagrees with a determination by the Director of Finance may appeal first to the City Manager and, if still unsatisfied, to the City Council. The City Council's decision is final. The updated ordinance also limits the grounds on which a final Council decision can be reopened, allowing further appeals only when there are new facts, changed circumstances, or a legal error in the prior decision. This prevents operators from repeatedly relitigating the same issues without new supporting information. The appeal process also now expressly covers suspension and revocation of a registration certificate, ensuring operators have a clear path to challenge those decisions as well.

Item 9.a
New Audit and Inspection Provisions (Sections 3.16.140 and 3.16.150) These two new sections formalize the City's authority to audit hotel operators and inspect their records. Under Section 3.16.140, the City covers the cost of an audit in the first instance. However, if the audit reveals that an operator underpaid by more than five percent of what was actually owed, or that the operator submitted a false return, the operator picks up the tab for the audit.

Section 3.16.150 separately confirms the Tax Administrator's right to enter an operator's place of business and review records to verify compliance. Together these provisions give the City a structured and enforceable process for identifying and addressing non-compliance.

Strengthened Lien and Warrant Provisions (Sections 3.16.180 and 3.16.190) These sections strengthen the City's ability to collect unpaid taxes from delinquent operators.

Under the updated lien provision, the City can now record a lien against any real property owned by the operator anywhere in California, not just in Solano County. This is important because an operator may own property in another county, and the prior ordinance would have limited the City's reach. The warrant provision has also been updated to direct collection warrants to the Sheriff of Solano County or any other authorized levying officer, which is the standard practice for civil tax collection. Finally, the ordinance makes clear that the City can pursue all of these remedies at the same time, including filing a lis pendens to protect the City's interest in any property that is the subject of ongoing litigation.

Updated Civil Enforcement (Section 3.16.200)
The prior ordinance classified certain TOT violations as criminal misdemeanors. This update replaces that framework with a civil enforcement approach, which is consistent with how most California cities handle TOT enforcement today. The practical effect is that the City pursues unpaid taxes and violations through civil court and administrative processes rather than criminal prosecution. This approach is more straightforward to enforce, less resource-intensive, and less vulnerable to legal challenges based on due process concerns.

ENVIRONMENTAL IMPACT:

This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project that has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, pursuant to California Code of Regulations, Title 14, Section 15378.

FISCAL IMPACT:

There are no additional funds requested with this action. However, approving these ordinance amendments will provide staff with the necessary tools to improve collections and enforcement of TOT revenues, which have been a longstanding challenge. By clarifying procedures and strengthening enforcement authority, the ordinance will streamline collection processes and reduce staff time spent on compliance efforts, allowing for more efficient use of resources.

Amount Requested: None
Funding Source: General Fund (1001)
Item 9.a
Budget Distribution: The costs of staff time associated with this item, in connection with preparing this ordinance for Council’s review, are covered within existing operating budgets of the relevant City departments.

ALTERNATIVES:

1. The City Council may direct staff to make requested edits to the code sections affected by the ordinance, such as by providing alternative policy directions, different regulatory frameworks, or phased implementation, which will require the ordinance to return at a future date for another first reading;

2. The City Council could decide not to adopt the subject ordinance and leave the affected language as-is; staff does not recommend this option, as it would leave outdated and potentially inconsistent code provisions in place, which could increase regulatory risk and limit the City’s ability to effectively enforce current state and federal requirements.

STRATEGIC PLAN GOAL/INITIATIVE:

Goal #2 – Strengthen the Local Economy (Initiative 2A: Articulate a current Economic Development Program)
Goal #3 – Protect Vacaville's Quality of Life (Initiative 3A: Promote Housing for All) Goal #4 – Maintain Effective and Efficient Services (Initiative 4A: Ensure Fiscal Sustainability) LEVINE ACT: No
ATTACHMENTS:

Cover Ordinance – Action Item
Attachment 1: Vacaville Municipal Code Chapter 3.16 - Clean Text for Adoption Attachment 2: Vacaville Municipal Code Chapter 3.16 - Redlined Text for Comparison

Item 9.a
ORDINANCE NO. 2017

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VACAVILLE
REPEALING AND REPLACING CHAPTER 3.16 OF THE VACAVILLE MUNICIPAL CODE

RELATING TO THE TRANSIENT OCCUPANCY TAX, TO MODERNIZE PROVISIONS THAT HAVE NOT BEEN COMPREHENSIVELY UPDATED SINCE 2003, REFLECT CURRENT

LEGAL REQUIREMENTS, AND STRENGTHEN ENFORCEMENT AUTHORITY WHEREAS, the City of Vacaville, California ("City") is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, the City imposes a Transient Occupancy Tax ("TOT") pursuant to the authority granted by California Revenue and Taxation Code Sections 7280 and 7281, and Chapter 3.16 of the Vacaville Municipal Code ("VMC"); and WHEREAS, Chapter 3.16 of the VMC has not been comprehensively updated since 2003, and certain provisions reflect outdated regulatory frameworks, lack clarity regarding administrative responsibilities and enforcement procedures, and do not reflect the current organizational structure of the City; and
WHEREAS, the existing Chapter 3.16 lacks several contemporary enforcement and administrative tools, including explicit audit cost-shifting authority, broader inspection authority, detailed lien recording procedures, and a streamlined appeals process, making it harder to ensure consistent compliance and timely collections; and WHEREAS, the City desires to update and reorganize the definitions in Chapter 3.16, including updating the title of the Tax Administrator to reflect the current title of Director of Finance, and adding definitions for 'short-term rental' and 'short-term rental facilitator' to ensure the chapter's coverage is current; and
WHEREAS, the City desires to strengthen the tax imposition provisions in Chapter 3.16 by expressly establishing that the operator remains primarily liable to the City for all tax required to be collected, regardless of whether the operator has actually collected the tax from the transient, thereby eliminating ambiguity about the City's primary enforcement target; and WHEREAS, the City desires to reorganize the exemptions framework into two distinct sections, consolidating the procedural requirements for applying and qualifying for exemptions and expressly placing the burden of establishing exemption eligibility on the operator; and WHEREAS, the City desires to strengthen the collection and fiduciary duty provisions by adding a new subsection addressing the commingling of collected tax funds with an operator's general operating funds, and authorizing the Tax Administrator to take appropriate enforcement action upon a finding of commingling; and
WHEREAS, the City desires to enhance its registration provisions and establish new suspension and revocation authority, authorizing the Tax Administrator to suspend or revoke a transient occupancy registration certificate if an operator is delinquent for more than ninety (90) days, subject to prior written notice and an opportunity to cure; and WHEREAS, the City desires to establish a successor liability provision to ensure that any person acquiring ownership or operational control of a hotel takes subject to any Item 9.a
outstanding TOT obligations, and to provide a tax clearance certificate process for prospective acquirers; and
WHEREAS, the California Legislature enacted the Short-Term Rental Facilitator Act of 2025, Government Code Section 50990 et seq., which authorizes cities to impose reporting and compliance obligations on short-term rental facilitators operating within their jurisdictions, and the City desires to include provisions addressing short-term rental facilitators so that an enforcement mechanism is in place should the City adopt a short-term rental ordinance in the future; and
WHEREAS, the City desires to update the penalties and interest provisions to expressly cap the maximum cumulative delinquency penalty at twenty (20) percent of the tax due, and to add penalties applicable to short-term rental facilitators that fail to comply with reporting or remittance obligations; and
WHEREAS, the City desires to update the appeal procedures in Chapter 3.16 to establish a clear three-tier appeal process from the Director of Finance to the City Manager and from the City Manager to the City Council, with the grounds for reopening a final Council determination expressly limited; and
WHEREAS, the City desires to formalize the Tax Administrator's audit authority, establish a cost-shifting mechanism under which the operator bears the cost of an audit upon a finding of underpayment of more than five percent or submission of a materially false return, and clarify the Tax Administrator's right of entry to inspect operator records; and WHEREAS, the City desires to update the lien and warrant provisions in Chapter 3.16 to allow recordation of liens in any county in the state of California and to direct collection warrants to the Sheriff of Solano County or any other authorized levying officer, consistent with standard civil collection practice; and
WHEREAS, the City desires to replace the existing criminal misdemeanor enforcement framework in Chapter 3.16 with a civil enforcement framework, consistent with current best practices and to reduce the risk of due process challenges; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred; and
WHEREAS, the City Council of the City of Vacaville has considered all pertinent testimony and the staff report, attachments, and all supporting materials referenced therein or offered on the matter at the public meeting, and finds that the proposed repeal and replacement of Chapter 3.16 of the Vacaville Municipal Code, as shown in Attachments 1 and 2, is consistent with state law and will allow the City to meet its continued regulatory needs with respect to the collection and enforcement of the Transient Occupancy Tax.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VACAVILLE DOES ORDAIN AS FOLLOWS:

Section 1: Incorporation by Reference. The City Council hereby finds the facts set forth in the recitals to this Ordinance are true and correct and establish the factual basis for the City Council's adoption of this Ordinance.

Section 2: Environmental Review. The City Council determines that adoption of this Ordinance is not a project under the California Environmental Quality Act (CEQA) per State CEQA Item 9.a
Guidelines Section 15378, because it involves administrative activities of the City that will not result in direct or indirect physical changes to the environment. Further, the action is otherwise exempt from CEQA under CEQA Guidelines Sections 15358 and 15061(b)(3), as the action has no potential for resulting in physical change to the environment, directly or indirectly, and there exists no possibility that the activity will have a significant adverse effect on the environment.

Section 3: Adoption. The City Council hereby adopts the text repealing and replacing Chapter 3.16 of the Vacaville Municipal Code, to read in full as shown in Attachment 1 hereto, which is hereby incorporated by this reference into this Ordinance.

Section 4: Severability. If any section, subsection, phrase, or clause of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, phrase, or clause thereof irrespective of the fact that any one or more section, subsection, phrases, or clauses be declared unconstitutional.

Section 5: Effective Date. This Ordinance shall take effect thirty (30) days after passage thereof.

Section 6: Publication. This Ordinance shall be published in accordance with the provisions of Government Code Section 36933.

I HEREBY CERTIFY that the foregoing ordinance was passed at a regular meeting of the City Council of the City of Vacaville, held on the 14th day of April 2026, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:
____________________________
Michelle A. Thornbrugh, City Clerk
Item 9.a
Chapter 3.16

TRANSIENT OCCUPANCY TAX
For statutory provisions authorizing local taxes on transient occupancies, see Rev. and Tax. Code §§7280 and 7281.

3.16.010 Definitions.

Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter:

A. “Hotel” means any structure or any portion of any structure that is occupied or intended or designated for occupancy by transients for dwelling, lodging or sleeping purposes, including any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging-house, rooming-house, apartment-house, dormitory, public or private club, mobile home or house trailer at a fixed location or other similar structure or portion thereof.

B. “Occupancy” means the use or possession or the right to the use or possession of any room or rooms or portion thereof in any hotel for dwelling, lodging or sleeping purposes.

C. “Operator” means the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, contractor, subcontractor, licensee or any other capacity. Where the operator performs their functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as their principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both.

D. “Person” means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate or any other group or combination acting as a unit.

E. “Rent” means the consideration charged, whether or not received, for the occupancy of space in a hotel, valued in money, whether to be received in money, goods, services, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction whatsoever.

F. “Short-term rental” means any dwelling unit, or any portion thereof, rented or offered for rent to a transient for a period of fewer than thirty (30) consecutive calendar days, where such occupancy is subject to, or would be subject to upon full compliance with, the tax imposed under this chapter.

G. “Short-term rental facilitator” means any person or entity that, for compensation, and through a marketplace, whether physical or electronic, including but not limited to an online platform, website, or application, facilitates the occupancy of a short-term rental Item 9.a
in which that person holds no ownership interest, by performing activities such as listing the rental, processing payments, setting prices, or taking reservations.

H. “Tax Administrator” means the Director of Finance or such other person as the City Manager may, from time to time, designate.

I. “Transient” means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of thirty (30) days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy, in which case the occupant shall be deemed a “long-term occupant”, who shall be exempt from the payment of the tax required by this chapter. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of the ordinance codified in this chapter may be considered.

J. “Transient occupancy tax” or “tax” means that tax levied by the City and collected by the operator, or by a short-term rental facilitator where applicable, on the City’s behalf pursuant to this chapter.

3.16.020 Imposed.

A. For the privilege of occupancy in any hotel, such transient is subject to and shall pay a tax in the amount of eight (8) percent of the rent charged by the operator.

B. The tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator or to the City. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. Regardless of whether the operator has collected the tax from the transient, the operator shall remain primarily liable to the City for all tax required to be collected under this chapter.

C. If the operator provides the occupancy free of charge or at a reduced rate and in exchange receives consideration or a benefit for such occupancy or reduction in charge (e.g., the occupancy is provided for promotional or marketing purposes), the rent upon which the tax is based shall be deemed to be the greater of

1. the value of the total consideration received by the operator; or

2. the average rent of all comparable rooms in the hotel on the day the room was provided free of charge or at a reduced rate.

D. In all cases where the room does not qualify as a true complimentary room under Section 3.16.030, the tax shall be paid by the transient upon the transient’s cessation of occupancy of space in the hotel, regardless of whether the operator collects, or is able to collect, the rent that would otherwise be owed.

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E. If a room reservation is cancelled for any reason prior to occupancy, and the operator charges the person canceling the reservation for the use of such room in whole or in part (e.g., the person is charged for the occupancy even though they did not occupy or use the space), the amount charged and collected shall be deemed to be the rent upon which the tax shall be based, and the operator shall collect and pay such tax to the City.

F. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient’s ceasing to occupy space in the hotel. If, for any reason, the tax due is not paid to the operator of the hotel, the Tax Administrator may require such tax to be paid directly to the Tax Administrator.

3.16.030 Exemptions from Taxation.

No tax under this chapter shall be imposed upon the following:

A. Any space or room deemed a “true complimentary room.” In instances where there is clearly no benefit received by the hotel (e.g., the room is used without charge by relatives of the operator, the room is provided to resolve a complaint, the room is provided without charge during a community disaster), such rooms shall be considered to be “true complimentary rooms”, and as such, not subject to the tax.

B. Any person who is a “long-term” occupant, as described in Section 3.16.010, above.

C. Any person as to whom, or any occupancy as to which, is beyond the power of the City to impose the tax; or,
D. Any officer or employee of the federal government or a foreign government who is exempt by reason of express provision of federal law or international treaty.

3.16.040 Applying and Qualifying for Exemptions.

A. Exemptions from the payment of the tax under Section 3.16.030 are permitted only when the operator completes and executes under penalty of perjury at the time rent is collected an exemption claim form provided by the Tax Administrator and submits such form to the Tax Administrator. The exemption claim form shall be available at the City Finance Administration office, or such other place as the City Manager may designate from time to time. No exemption shall be granted for any occupancy for which a completed exemption claim form has not been timely submitted.

B. An operator claiming an exemption for a long-term occupant under Section

3.16.030(B) shall, in addition to the requirements of subsection A, maintain a written rental agreement or other documentation sufficient to establish that the occupancy qualifies as long-term under Section 3.16.010. Such documentation shall be made available to the Tax Administrator upon request. The tax shall remain due and owing for any portion of an occupancy that does not satisfy the long-term occupancy definition.

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C. The burden of establishing eligibility for any exemption under this chapter rests with the operator. The Tax Administrator may require additional supporting documentation before recognizing any claimed exemption.

3.16.050 Collection of Taxes by Operators.

No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator or that it will not be added to the rent or that, if added, any part will be refunded except in the manner provided in this chapter.

B. In the event the Tax Administrator determines that an operator has commingled tax funds collected pursuant to this chapter with the operator's general operating funds, the Tax Administrator may take such enforcement action as is reasonably necessary to protect the City's interest in such funds, including but not limited to recording a lien pursuant to Section 3.16.180.

3.16.060 Registration certificate.

A. Within thirty (30) days after the effective date of the ordinance codified in this chapter, or within thirty (30) days after commencing business, whichever is later, each operator of any hotel providing occupancy to transients shall register such hotel with the Tax Administrator and obtain from the Tax Administrator a transient occupancy registration certificate to be at all times posted in a conspicuous place on the premises.

Such certificate shall, among other things, state the following:

1. The name of the operator;

2. The name of the hotel;

3. The address of the hotel;

4. The date upon which the certificate was issued; and

5. The following statement: “This transient occupancy registration certificate signifies that the person named on the face hereof has fulfilled the requirements of the uniform transient occupancy tax ordinance by registering with the Tax Administrator for the purpose of collecting from transients the transient occupancy tax and remitting such tax to the Tax Administrator. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with all local applicable laws, including but not Item 9.a
limited to those requiring a permit from any board, commission, department or office of this City. This certificate does not constitute a permit.” B. Notwithstanding anything herein to the contrary, any changes in management or ownership of the hotel, regardless of whether such change constitutes a change in the operator or ownership of the hotel which would require a new transient occupancy registration certificate, must be reported, in writing, to the Tax Administrator within seven (7) days after the effective date of such change.

C. Any operator who fails to obtain or maintain a valid transient occupancy registration certificate as required by this section shall be subject to civil enforcement and penalties under Section 3.16.200. Nothing in this section shall limit the City's authority to pursue additional remedies, including suspension or revocation of the registration certificate pursuant to Section 3.16.070, suspension or revocation of any City-issued business license held by the operator, or any other remedy available under this chapter or applicable law.

3.16.070 Suspension and Revocation of Registration Certificate.

A. The Tax Administrator may suspend or revoke a transient occupancy registration certificate issued under Section 3.16.060 if the operator is delinquent in the payment or remittance of any tax, penalty, or interest due under this chapter for a period exceeding ninety (90) days.

B. Prior to suspension or revocation, the Tax Administrator shall provide the operator with written notice of the intended action and the basis therefor. The operator shall have fifteen (15) days from the date of such notice to cure the delinquency or to request a review pursuant to Section 3.16.120.

C. No operator whose certificate has been suspended or revoked shall collect rent from transients or hold itself out as authorized to do so until a new or reinstated certificate has been issued by the Tax Administrator.

D. Reinstatement of a suspended or revoked certificate shall require payment in full of all outstanding tax, penalties, and interest, and submission of a new registration application under Section 3.16.060.

3.16.080 Short-term Rental Facilitators.

A. Pursuant to Government Code Section 50991, subdivision (b), the City of Vacaville hereby invokes the provisions of the Short-Term Rental Facilitator Act of 2025, Government Code Section 50990 et seq., and those provisions shall apply within the City's jurisdictional boundaries. This section applies to any short-term rental facilitator, as defined in Section 3.16.010, that lists, markets, or otherwise facilitates the rental of any short-term rental located within the City.

B. Upon request by the Tax Administrator, each short-term rental facilitator shall report, in the form and manner prescribed by the Tax Administrator, within thirty (30) days of Item 9.a
such request, or such other time as the Tax Administrator may specify, the physical address, including the nine-digit ZIP Code, of each short-term rental within the City that used the facilitator's platform during the applicable reporting period. If the physical address provided is not sufficient for the Tax Administrator to identify a specific shortterm rental, the Tax Administrator may additionally request the assessor parcel number and the URL associated with the short-term rental listing.

C. Reporting Frequency and Remittance Obligation. Short-term rental facilitators shall submit required reports no less than quarterly. Any short-term rental facilitator that collects payment from a transient for the occupancy of a short-term rental within the City shall be required to collect and remit the transient occupancy tax to the Tax Administrator on behalf of the operator, on the same schedule as the applicable remittance period established under Section 3.16.090. A facilitator's obligation to collect and remit the tax under this subsection is independent of any separate obligation of the operator under this chapter. Where a short-term rental facilitator collects and remits the transient occupancy tax pursuant to this subsection, the operator's obligation to remit the tax for that transaction shall be deemed satisfied to the extent of the amount collected and remitted by the facilitator. Nothing in this subsection shall relieve the operator of liability for any tax not collected or remitted by the facilitator, and the operator shall remain primarily liable to the City for any deficiency.

D. Any short-term rental facilitator offering listings within the City shall include in each listing the applicable City business license number and any transient occupancy tax certification issued by the City.

E. Any short-term rental facilitator responsible for collecting and remitting transient occupancy tax under this chapter shall keep and preserve all records necessary to determine the amount of tax collected and remitted for a period of not less than three (3) years. Such records shall be made available to the Tax Administrator upon request.

F. Nothing in this section shall be construed to limit the City's authority to regulate shortterm rentals, short-term rental facilitators, or the collection of transient occupancy taxes in a manner that differs from or exceeds the requirements of Government Code Section 50990 et seq.

3.16.090 Reports and remittances.

A. Each operator shall, on or before the last day of each month or at the close of any shorter reporting period that may be established by the Tax Administrator, make a return to the Tax Administrator on forms provided by the Tax Administrator of the total rents charged and received and the amount of tax collected for the immediately preceding calendar month for transient occupancies. By way of example, each operator shall submit to the Tax Administrator the return for the period of October 1st through 31st no later than the following November 30th. At the time the return is filed the full amount of the tax collected shall be remitted to the Tax Administrator.

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B. The Tax Administrator may establish shorter reporting periods for any certificate holder if the Tax Administrator deems it necessary in order to ensure collection of the tax, and the Tax Administrator may require further information in the return.

C. Returns and payments are due immediately upon cessation of business for any reason.

D. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the City until payment thereof is made to the Tax Administrator.

3.16.100 Penalties and Interest.

A. Failure to Remit Tax: Original Delinquency. Any operator who fails to remit any tax imposed by this chapter within the time required shall pay a penalty of ten (10) percent of the amount of the tax in addition to the amount of the tax.

B. Failure to Remit Tax: Continued Delinquency. Any operator who fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten (10) percent of the amount of the tax in addition to the amount of the tax and the ten (10) percent penalty first imposed. The total maximum penalty shall not exceed twenty (20) percent of the tax due.

C. Fraud. Notwithstanding the maximum penalty set forth in subsection B, if the Tax Administrator determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of twenty-five (25) percent of the amount of the tax shall be added thereto in addition to the penalties stated in subsections A and B of this section.

D. Recordkeeping violations. In the event an initial audit of an operator’s records reveals that the operator has not maintained the records required to be maintained pursuant to this chapter, including, but not limited to, those specified in Section 3.16.130 of this chapter, the Tax Administrator shall provide written notice to such operator of such violation. The Tax Administrator may thereafter conduct subsequent audits until it is determined that the operator has met all such reporting requirements. If the operator’s failure to comply with the reporting requirements creates the need for a subsequent audit(s) by the Tax Administrator, the operator shall be subject to the imposition of the administrative fine permitted under Section 3.16.200 of this chapter. The operator shall also pay to the City all costs reasonably incurred by the City in conducting such subsequent audit(s).

E. Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one and one-half (1.5) percent per month or fraction thereof on the amount of the tax, exclusive of penalties from the date on which the remittance first became delinquent until paid.

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F. Penalties Merged with Tax. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax required to be paid under this section.

G. Any short-term rental facilitator that fails to submit a report required under Section

3.16.080 shall be subject to an administrative fine or penalty pursuant to Government Code Section 53069.4. The Tax Administrator is authorized to conduct an audit of any short-term rental facilitator to verify compliance with the transient occupancy tax requirements of this chapter. If a facilitator is responsible for collecting and remitting the tax and fails to do so, the penalties set forth in subsections A through F of this section shall apply to the facilitator in the same manner as they apply to an operator.

3.16.110 Failure to collect tax.

A. If any operator fails or refuses to collect the tax and to make, within the time provided in this chapter, any report and remittance of such tax or any portion thereof required by this chapter, the Tax Administrator shall proceed in such manner as the Tax Administrator may deem best to obtain facts and information on which to base an estimate of the tax due. As soon as the Tax Administrator procures such facts and information as the Tax Administrator is able to obtain upon which to base the assessment of any tax imposed by this chapter and payable by any operator who has failed or refused to collect the same and to make such report and remittance, the Tax Administrator shall proceed to determine and assess against such operator, the tax, interest and penalties provided in Section 3.16.100. In case such determination is made, the Tax Administrator shall give a notice of the amount so assessed to the operator by serving it personally or by depositing it in the United States Mail, postage prepaid, addressed to the operator so addressed at their last known place of address.

Such operator may within fifteen (15) days after the serving or mailing of such notice make application in writing to the Tax Administrator for a review of the amount assessed.

B. If application by the operator for a review is not made within the time prescribed, the tax, interest and penalties, if any, determined by the Tax Administrator shall become final and conclusive and immediately due and payable. If such application is timely made, the Tax Administrator shall give not less than five (5) days’ written notice in the manner prescribed in this chapter to the operator to show cause at a time and place fixed in such notice why such amount specified therein should not be fixed for such tax, interest and penalties. At such review the operator may appear and offer evidence why such specified tax, interest and penalties should not be so fixed. After such review the Tax Administrator shall determine the proper tax to be remitted and shall thereafter give written notice to the operator in the manner prescribed in this chapter of such determination and the amount of such tax, interest and penalties. The amount determined to be due shall be payable within fifteen (15) days of the date of service or mailing of the Tax Administrator’s decision unless an appeal is taken as provided in Section 3.16.120.

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3.16.120 Appeal.

A. Any person aggrieved by any decision of the Director of Finance concerning the amount of such taxes may appeal to the City Manager by filing a notice of appeal within fifteen (15) calendar days of the date of service of the decision. The City Manager shall thereupon fix a time and place for hearing such appeal. The City Manager shall give notice to such person of the time and place of the hearing by serving it personally or by depositing it in the United States Post Office in Vacaville, California, postage prepaid, addressed to such person at their last known address. The City Manager shall have the authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provision of this chapter.

B. Any person aggrieved by any decision of the City Manager concerning the amount of such transient occupancy taxes may appeal to the Council by filing a notice of appeal with the Clerk of the Council. The Council shall thereupon fix a time and place for hearing such an appeal. The Clerk of the Council shall give notice to such person of the time and place of the hearing by serving it personally or by depositing it in the United States Post Office at Vacaville, California, postage prepaid, addressed to such person at their last known address. The Council shall have the authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provision of this chapter.

C.The decision of the Council shall be final. Subsequent appeals may be filed only upon a showing of materially changed circumstances, newly discovered evidence, or errors of law apparent on the face of the record. Appeals that raise identical issues without new supporting information may be denied without a hearing. Upon final determination, the Tax Administrator shall have the duty to collect the amount of transient occupancy taxes as determined.

D.The appeal procedures set forth in this section shall also apply to any operator aggrieved by a decision of the Tax Administrator to suspend or revoke a transient occupancy registration certificate pursuant to Section 3.16.070. For purposes of such appeals, references in this section to determinations regarding "the amount of such taxes" shall be construed to include determinations regarding the suspension or revocation of a registration certificate.

3.16.130 Records required.

It shall be the duty of every operator liable for the collection and payment to the City of any tax imposed by this chapter to keep and preserve, for a period of not less than three (3) years, not including the present calendar year, all records as may be necessary to determine the amount of such tax as the operator may have been liable for the collection of and payment to the City, which records the City shall have the right to inspect at all reasonable times. The City may issue a subpoena pursuant to Section 37104 et seq. of the California Government Code or utilize any other lawful Item 9.a
means to access and inspect the records of an operator who refuses to make such records available for inspection.

The records maintained by the operator under this section shall include, but are not limited to, the following:

A. A written report that includes daily records of all of the following:

1. Name of person occupying the room;

2. Number or other identifier of the room occupied;

3. Room rate;

4. Amount charged, if any, for the occupancy;

5. Amount of transient occupancy tax collected; and

6. Method of payment.

B. A written record of each occupancy charge for which an exemption is claimed, including the name of the person occupying the room, date(s) of occupancy, reason(s) for the exemption, and the exemption claim form required under Section 3.16.040 of this chapter.

C. In addition to the records required of operators under subsections A and B of this section, any short-term rental facilitator responsible for collecting and remitting transient occupancy tax pursuant to Section 3.16.080 shall maintain records sufficient to document the physical address, assessor parcel number, and rent received for each short-term rental transaction during the applicable reporting period.

3.16.140 Audit.

A. The Tax Administrator may call for an audit of the records, the tax collection and remittance procedures, or the tax collection and remittance amounts of any operator.

The operator shall make available all records and documents, including electronic records and documents, that the Tax Administrator believes shall reasonably indicate that the operator is in compliance with the provisions of this chapter.

B. The City shall bear the cost of the audit. However, if after conducting the audit the Tax Administrator determines that the operator has underpaid by more than five percent of the amount actually due or that the operator has unreasonably failed to comply with the provisions of this chapter regarding collection, the operator shall bear the cost of the audit. Notwithstanding the five percent threshold described above, if the Tax Administrator determines that an operator has submitted a materially false return, the operator shall bear the cost of the audit regardless of the amount of any underpayment.

C. Any dispute regarding the audit may be appealed pursuant to the provisions in Section 3.16.120.

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3.16.150 Inspection of Records Generally- Right of Entry of Inspectors.

The Tax Administrator, or any authorized deputy or designee, may examine all places of business in the City to ascertain whether the provisions of this chapter have been complied with. The Tax Administrator and any duly authorized employee shall have the power to examine all books and records of any operator doing business in the City for the purpose of ascertaining the amount of transient occupancy tax required to be collected and remitted under this chapter.

3.16.160 Refunds.

A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the City under this chapter, it may be refunded as provided in subsections B and C of this section; provided, a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the Tax Administrator within two (2) years of the date of payment. The claim shall be on forms furnished by the Tax Administrator.

B. An operator may claim a refund or take as a credit against taxes collected and remitted any amount overpaid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the Tax Administrator that the person from whom the tax has been collected was not a transient; provided, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded by the operator to the transient or credited to rent subsequently payable by the transient to the operator.

C. A transient may obtain a refund of taxes overpaid or paid more than once or erroneously or illegally collected or received by the City by filing a claim in the manner provided in subsection A of this section, but only when the tax was paid by the transient directly to the Tax Administrator or when the transient, having paid the tax to the operator, establishes to the satisfaction of the Tax Administrator that the transient has been unable to obtain a refund from the operator who collected the tax.

D. No refund shall be paid under the provisions of this section unless the claimant establishes their right thereto by submitting evidence satisfactory to the Tax Administrator of the claimant’s entitlement thereto.

3.16.170 Collection by City.

Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt owed by the transient to the City. Any such tax collected by an operator which has not been paid to the City shall be deemed a debt owed by the operator to the City. Any person owing money to the City under the provisions of this chapter shall be liable to the City in an action brought in the name of the City for the recovery of such amount.

3.16.180 Lien- Recording Certificate.

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If any amount required to be paid to the City under the ordinance codified in this chapter is not paid when due, the Tax Administrator, upon expiration of the second delinquency period referenced in Section 3.16.100(B), may within four years after the amount is due record in the office(s) of the county recorder(s) of any county in the state of California a certificate specifying the amount of tax, penalties and interest due, the name and address of the operator liable for the same and the fact that the Tax Administrator has complied with all provisions of this chapter in the determination of the amount required to be paid. From the time of the recording, the amount required to be paid together with penalties and interest shall constitute a lien upon any and all real property in any county in the state of California owned by the operator or thereafter acquired by the operator.

The lien shall have the force, effect and priority of a judgment lien and shall continue for ten years from the time of filing of the certificate unless sooner released or otherwise discharged.

3.16.190 Warrant for Collection of Tax.

A. At any time after any operator is delinquent in the payment of any amount required to be paid under this chapter, or after recording a certificate of lien under Section 3.16.180, the Tax Administrator may issue a warrant directed to the Sheriff of Solano County or any other authorized levying officer for the enforcement of any liens and for the collection of any amount required to be paid to the City under this chapter.

B. The warrant shall have the same force, effect, and priority as a writ of execution and shall be executed in the same manner and with the same effect as a levy and sale pursuant to a writ of execution. The Tax Administrator may pay or advance to the levying officer such fees, commissions, and expenses for services as are provided by law for similar services pursuant to a writ of execution.

C. Nothing in this section shall limit the City's authority to pursue any other remedy available under this chapter or applicable law, including but not limited to the recording of a lien pursuant to Section 3.16.180, the filing of a civil action under Section 3.16.110, the imposition of civil penalties and enforcement costs under Section 3.16.200, or any other lawful means of collection.

3.16.200 Penalty for violation.

A. Any person violating any provision of this chapter shall be liable for civil enforcement.

Any tax required to be paid under this chapter shall constitute a debt owed to the City.

The City may enforce collection through civil action or other lawful means. In any civil suit or action brought by the City to enforce the provisions of this chapter, the person responsible for such violation shall be liable for the amount of tax due, plus applicable penalties and interest, and the City’s costs of enforcement, including, but not limited to, reasonable attorney’s fees, expert fees, and administrative costs, as authorized by law.

B. Any operator or other person who fails or refuses to register as required by this chapter, or to furnish any return or data required by the Tax Administrator, or who renders a false or fraudulent return or claim, shall be subject to civil enforcement under Item 9.a
this section. Any person required to make, render, sign, or verify any report or claim who makes any false or fraudulent report or claim with intent to evade the determination of any amount due under this chapter shall be liable for the tax owed, applicable penalties and interest, and enforcement costs as provided herein.

3.16.210 Administrative Rules.

The Finance Director of the City may make such rules and regulations as are not inconsistent with the provisions of this Chapter of the Municipal Code as are necessary or desirable to aid in the enforcement and administration of the provisions of said Chapter. When, by reason of the provisions of the Constitution of the United States or the Constitution of the State of California, the Transient Occupancy Tax imposed by this Chapter cannot be enforced without there being an apportionment according to the amount of business done within the City, or in the State, as the case may be, the Finance Director may make such rules and regulations for the apportionment of the taxes as are necessary or desirable to overcome the constitutional objections. Such rules, regulations, and apportionment thereunder shall be approved by the City Attorney prior to becoming effective.

3.16.220 Severability.

If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstance shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are hereby declared to be severable.

Item 9.a
Chapter 3.16

TRANSIENT OCCUPANCY TAX
For statutory provisions authorizing local taxes on transient occupancies, see Rev. and Tax.

Code §§7280 and 7281.

3.16.010 Definitions.

Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter:

A. “Hotel” means any structure or any portion of any structure that is occupied or intended or designated for occupancy by transients for dwelling, lodging or sleeping purposes, including any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging-house, roominghouse, apartment-house, dormitory, public or private club, mobile home or house trailer at a fixed location or other similar structure or portion thereof.

B. “Occupancy” means the use or possession or the right to the use or possession of any room or rooms or portion thereof in any hotel for dwelling, lodging or sleeping purposes.

Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both.

G. “Short-term rental facilitator” means any person or entity that, for compensation, and through a marketplace, whether physical or electronic, including but not limited to an online platform, website, or application, facilitates the occupancy of a short-term rental in which that person holds no ownership interest, by performing activities such as listing the rental, processing payments, setting prices, or taking reservations.

H. “Tax Administrator” means the Director of Finance or such other person as the City Manager may, from time to time, designate.

Item 9.a
I. “Transient” means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of thirty (30) days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy, in which case the occupant shall be deemed a “long-term occupant”, who shall be exempt from the payment of the tax required by this chapter. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of the ordinance codified in this chapter may be considered.

3.16.020 Imposed.

A. For the privilege of occupancy in any hotel, such transient is subject to and shall pay a tax in the amount of eight (8) percent of the rent charged by the operator.

1. the value of the total consideration received by the operator; or

2. the average rent of all comparable rooms in the hotel on the day the room was provided free of charge or at a reduced rate.

E. If a room reservation is cancelled for any reason prior to occupancy, and the operator charges the person canceling the reservation for the use of such room in whole or in part (e.g., the person is charged for the occupancy even though they did not occupy or use the space), the amount charged and collected shall be deemed to be the rent upon which the tax shall be based, and the operator shall collect and pay such tax to the City.

Item 9.a

3.16.030 Exemptions from Taxation.

No tax under this chapter shall be imposed upon the following:

B. Any person who is a “long-term” occupant, as described in Section 3.16.010, above.

3.16.040 Applying and Qualifying for Exemptions.

B. An operator claiming an exemption for a long-term occupant under Section

C. The burden of establishing eligibility for any exemption under this chapter rests with the operator. The Tax Administrator may require additional supporting documentation before recognizing any claimed exemption.

3.16.050 Collection of Taxes by Operators.

A. Each operator shall collect the tax imposed by this chapter to the same extent and at the same time as the rent is collected from every transient. The operator or operator’s agent shall collect the tax and hold such taxes in trust for the City. The operator or operator’s agent shall have a fiduciary duty to hold such taxes in the name of the City and shall not use such taxes for any other purpose save and except for payment of the same to the City. The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator. No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or Item 9.a
absorbed by the operator or that it will not be added to the rent or that, if added, any part will be refunded except in the manner provided in this chapter.

3.16.060 Registration certificate.

1. The name of the operator;

2. The name of the hotel;

3. The address of the hotel;

4. The date upon which the certificate was issued; and

5. The following statement: “This transient occupancy registration certificate signifies that the person named on the face hereof has fulfilled the requirements of the uniform transient occupancy tax ordinance by registering with the Tax Administrator for the purpose of collecting from transients the transient occupancy tax and remitting such tax to the Tax Administrator. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with all local applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of this City. This certificate does not constitute a permit.” B. Notwithstanding anything herein to the contrary, any changes in management or ownership of the hotel, regardless of whether such change constitutes a change in the operator or ownership of the hotel which would require a new transient occupancy registration certificate, must be reported, in writing, to the Tax Administrator within seven (7) days after the effective date of such change.

3.16.070 Suspension and Revocation of Registration Certificate.

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A. The Tax Administrator may suspend or revoke a transient occupancy registration certificate issued under Section 3.16.060 if the operator is delinquent in the payment or remittance of any tax, penalty, or interest due under this chapter for a period exceeding ninety (90) days.

3.16.080 Short-term Rental Facilitators.

B. Upon request by the Tax Administrator, each short-term rental facilitator shall report, in the form and manner prescribed by the Tax Administrator, within thirty (30) days of such request, or such other time as the Tax Administrator may specify, the physical address, including the nine-digit ZIP Code, of each short-term rental within the City that used the facilitator's platform during the applicable reporting period. If the physical address provided is not sufficient for the Tax Administrator to identify a specific shortterm rental, the Tax Administrator may additionally request the assessor parcel number and the URL associated with the short-term rental listing.

C. Reporting Frequency and Remittance Obligation. Short-term rental facilitators shall submit required reports no less than quarterly. Any short-term rental facilitator that collects payment from a transient for the occupancy of a short-term rental within the City shall be required to collect and remit the transient occupancy tax to the Tax Administrator on behalf of the operator, on the same schedule as the applicable remittance period established under Section 3.16.090. A facilitator's obligation to collect and remit the tax under this subsection is independent of any separate obligation of the operator under this chapter. Where a short-term rental facilitator collects and remits the transient occupancy tax pursuant to this subsection, the operator's obligation to remit the tax for that transaction shall be deemed satisfied to the extent of the amount Item 9.a
collected and remitted by the facilitator. Nothing in this subsection shall relieve the operator of liability for any tax not collected or remitted by the facilitator, and the operator shall remain primarily liable to the City for any deficiency.

3.16.090 Reports and remittances.

At the time the return is filed the full amount of the tax collected shall be remitted to the Tax Administrator.

B. The Tax Administrator may establish shorter reporting periods for any certificate holder if the Tax Administrator deems it necessary in order to ensure collection of the tax, and the Tax Administrator may require further information in the return.

C. Returns and payments are due immediately upon cessation of business for any reason.

D. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the City until payment thereof is made to the Tax Administrator.

3.16.100 Penalties and Interest.

Item 9.a
C. Fraud. Notwithstanding the maximum penalty set forth in subsection B, if the Tax Administrator determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of twenty-five (25) percent of the amount of the tax shall be added thereto in addition to the penalties stated in subsections A and B of this section.

F. Penalties Merged with Tax. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax required to be paid under this section.

G. Any short-term rental facilitator that fails to submit a report required under Section

3.16.110 Failure to collect tax.

Item 9.a
B. If application by the operator for a review is not made within the time prescribed, the tax, interest and penalties, if any, determined by the Tax Administrator shall become final and conclusive and immediately due and payable. If such application is timely made, the Tax Administrator shall give not less than five (5) days’ written notice in the manner prescribed in this chapter to the operator to show cause at a time and place fixed in such notice why such amount specified therein should not be fixed for such tax, interest and penalties. At such review the operator may appear and offer evidence why such specified tax, interest and penalties should not be so fixed. After such review the Tax Administrator shall determine the proper tax to be remitted and shall thereafter give written notice to the operator in the manner prescribed in this chapter of such determination and the amount of such tax, interest and penalties. The amount determined to be due shall be payable within fifteen (15) days of the date of service or mailing of the Tax Administrator’s decision unless an appeal is taken as provided in Section 3.16.120.

3.16.120 Appeal.

D. The appeal procedures set forth in this section shall also apply to any operator aggrieved by a decision of the Tax Administrator to suspend or revoke a transient occupancy registration certificate pursuant to Section 3.16.070. For purposes of such appeals, references in this section to determinations regarding "the amount of such Item 9.a
taxes" shall be construed to include determinations regarding the suspension or revocation of a registration certificate.

3.16.130 Records required.

It shall be the duty of every operator liable for the collection and payment to the City of any tax imposed by this chapter to keep and preserve, for a period of not less than three (3) years, not including the present calendar year, all records as may be necessary to determine the amount of such tax as the operator may have been liable for the collection of and payment to the City, which records the City shall have the right to inspect at all reasonable times. The City may issue a subpoena pursuant to Section 37104 et seq. of the California Government Code or utilize any other lawful means to access and inspect the records of an operator who refuses to make such records available for inspection.

The records maintained by the operator under this section shall include, but are not limited to, the following:

A. A written report that includes daily records of all of the following:

1. Name of person occupying the room;

2. Number or other identifier of the room occupied;

3. Room rate;

4. Amount charged, if any, for the occupancy;

5. Amount of transient occupancy tax collected; and

6. Method of payment.

3.16.140 Audit.

A. The Tax Administrator may call for an audit of the records, the tax collection and remittance procedures, or the tax collection and remittance amounts of any operator.

B. The City shall bear the cost of the audit. However, if after conducting the audit the Tax Administrator determines that the operator has underpaid by more than five percent of the amount actually due or that the operator has unreasonably failed to comply with Item 9.a
the provisions of this chapter regarding collection, the operator shall bear the cost of the audit. Notwithstanding the five percent threshold described above, if the Tax Administrator determines that an operator has submitted a materially false return, the operator shall bear the cost of the audit regardless of the amount of any underpayment.

C. Any dispute regarding the audit may be appealed pursuant to the provisions in Section 3.16.120.

3.16.150 Inspection of Records Generally- Right of Entry of Inspectors.

3.16.160 Refunds.

3.16.170 Collection by City.

Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt owed by the transient to the City. Any such tax collected by an operator which has not been paid to the City shall be deemed a debt owed by the operator to the City. Any Item 9.a
person owing money to the City under the provisions of this chapter shall be liable to the City in an action brought in the name of the City for the recovery of such amount.

3.16.180 Lien- Recording Certificate.

If any amount required to be paid to the City under the ordinance codified in this chapter is not paid when due, the Tax Administrator, upon expiration of the second delinquency period referenced in Section 3.16.100(B), may within four years after the amount is due record in the office(s) of the county recorder(s) of any county in the state of California a certificate specifying the amount of tax, penalties and interest due, the name and address of the operator liable for the same and the fact that the Tax Administrator has complied with all provisions of this chapter in the determination of the amount required to be paid. From the time of the recording, the amount required to be paid together with penalties and interest shall constitute a lien upon any and all real property in any county in the state of California owned by the operator or thereafter acquired by the operator.

The lien shall have the force, effect and priority of a judgment lien and shall continue for ten years from the time of filing of the certificate unless sooner released or otherwise discharged.

3.16.190 Warrant for Collection of Tax.

3.16.200 Penalty for violation.

A. Any person violating any provision of this chapter shall be liable for civil enforcement. Any tax required to be paid under this chapter shall constitute a debt owed to the City. The City may enforce collection through civil action or other lawful means. In any civil suit or action brought by the City to enforce the provisions of this chapter, the person responsible for such violation shall be liable for the amount of tax due, plus applicable penalties and interest, and the City’s costs of enforcement, including, but not limited to, reasonable attorney’s fees, expert fees, and administrative costs, as authorized by law.

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B. Any operator or other person who fails or refuses to register as required by this chapter, or to furnish any return or data required by the Tax Administrator, or who renders a false or fraudulent return or claim, shall be subject to civil enforcement under this section. Any person required to make, render, sign, or verify any report or claim who makes any false or fraudulent report or claim with intent to evade the determination of any amount due under this chapter shall be liable for the tax owed, applicable penalties and interest, and enforcement costs as provided herein.

3.16.210 Administrative Rules.

3.16.220 Severability.

Item 9.a
Agenda Item No. 9B
April 14, 2026
TO: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
FROM: Justen Cole, Director of Utilities Department
(Staff contact: Miguel Medina, Operations and Maintenance Manager, (707) 469- 6407
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE

AUTHORIZING THE DIRECTOR OF UTILITIES TO EXECUTE A CALIFORNIA WATER/WASTEWATER AGENCY RESPONSE NETWORK (CALWARN) 2007

OMNIBUS MUTUAL ASSISTANCE AGREEMENT
ACTION FOR CONSIDERATION:

The City Council will consider adopting a resolution authorizing the Director of Utilities to execute a California Water/Wastewater Agency Response Network (CalWARN) 2007 Omnibus Mutual Assistance Agreement and authorize the City of Vacaville Utilities Department to become a member of a statewide emergency mutual aid network of water and wastewater utilities.

RECOMMENDATION:

By simple motion, the City Council approve a resolution authorizing the Director of Utilities to execute a California Water/Wastewater Agency Response Network (CalWARN) 2007 Omnibus Mutual Assistance Agreement and authorize the City of Vacaville Utilities Department to participate in a statewide mutual aid network.

BACKGROUND:

In 1995, the City Council adopted a resolution authorizing approval of the 1994 Omnibus Mutual Aid Agreement with CalWARN. Since then, there have been several updates to the Omnibus Mutual Assistance Agreement, with the most current version dated 2007.

The California Water/Wastewater Agency Response Network (CalWARN) is a mutual assistance program that supports emergency preparedness, disaster response for public and private water and wastewater utilities.

CalWARN is comprised of regional and statewide agencies and committees that include the California Department of Public Health (CDPH), California Utilities Emergency Association (CUEA), Department of Water Resources (DWR), the American Water Works Association (AWWA) Emergency Planning Committee, California Rural Water Association (CRWA), and California Sanitation Risk Management Authority (CSRMA).

Participation aligns the City’s water and wastewater emergency response operations with California’s Standard Emergency Management System (SEMS). By leveraging CalWARN’s sector-specific mutual aid and California Utilities Emergency Association’s (CUEA) direct line to state emergency leadership (Cal OES), the City gains access to a robust support network. This Item 9.b
collaborative structure is instrumental in protecting critical infrastructure and streamlining disaster recovery efforts for the community.

DISCUSSION:

CalWARN is a statewide "utilities-helping-utilities" network that enables member agencies to rapidly request or provide assistance during emergencies when local resources are insufficient.

Through the Omnibus Mutual Assistance Agreement, participating utilities establish a standardized framework that allows agencies to deploy personnel, equipment, and materials without negotiating individual agreements during an emergency. CalWARN operates in full alignment with the Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS). A key advantage of this network is that it can be activated immediately by a signatory utility before a formal emergency declaration is issued, significantly reducing response times. Furthermore, the agreement includes essential indemnification, workers' compensation, and reimbursement provisions that meet FEMA requirements for disaster funding.

The City benefits from joining CalWARN by the accessibility of pre‑authorized, utility‑to‑utility mutual aid for water and sewer treatment and infrastructure failures by supplying emergency crews, specialized equipment, bypass pumps, pipe and fittings, technical expertise, and cost‑recovery support to accelerate repairs and reduce public‑health impacts for member agencies.

Participation in CalWARN also supports compliance with federal emergency preparedness requirements. On October 23, 2018, America’s Water Infrastructure Act (AWIA) was signed into law. Section 2013 of AWIA, which amended Section 1433 of the Safe Drinking Water Act, requires community water systems serving more than 3,300 people to develop or update Risk and Resilience Assessments (RRAs) and Emergency Response Plans (ERPs). Vacaville’s ERP identified a need to have a mutual aid resource in place, and participation in CalWARN would accordingly make the City compliant with these requirements of the RRA and ERP.

Several neighboring agencies currently participate in CalWARN, including the City of Dixon, California Water Service - Dixon District, City of Fairfield, Solano Irrigation District, Vallejo Flood & Wastewater District, and East Bay Municipal Utility District.

ENVIRONMENTAL IMPACT:

The proposed action is not a “project” as defined by the California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(4) because it involves administrative activities that do not result in a direct or indirect physical change to the environment and is not subject to CEQA.

FISCAL IMPACT:

There is no cost associated with executing the CalWARN Mutual Assistance Agreement or participating in the network.

Item 9.b
ALTERNATIVES:

The City Council may choose not to authorize execution of the CalWARN Mutual Aid Agreement.

However, without participation in CalWARN, the City may experience delays obtaining resources during water or wastewater emergencies, potentially affecting infrastructure recovery and public health protections. The city would also be non-compliant with AWIA’s RRA and ERP.

STRATEGIC PLAN GOAL/INITIATIVE:

Goal #4 – Maintain Effective and Efficient Services
LEVINE ACT: No
ATTACHMENTS:

Resolution – Action Item
Attachment 1: City of Vacaville Resolution No. 1995-51
Attachment 2: Articles of Agreement, California Water/Wastewater Agency Response Network WARN 2007 Omnibus Mutual Assistance Agreement
Attachment 3: Signature Page, California Water/Wastewater Agency Response Network (CalWARN) 2007 Omnibus Mutual Assistance Agreement
Item 9.b
RESOLUTION NO. 2026-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE

AUTHORIZING THE DIRECTOR OF UTILITIES TO EXECUTE THE CALIFORNIA WATER/WASTEWATER AGENCY RESPONSE NETWORK (CALWARN) 2007

OMNIBUS MUTUAL ASSISTANCE AGREEMENT
WHEREAS, the City of Vacaville previously adopted Resolution No. 1995-51 approving the 1994 Omnibus Mutual Aid Agreement with CalWARN; and WHEREAS, the most current version of the agreement is titled “Articles of Agreement California Water/Wastewater Agency Response Network WARN 2007 Omnibus Mutual Assistance Agreement”; and
WHEREAS, the mission of CalWARN is to support and promote statewide emergency preparedness, disaster response, and mutual assistance matters for public and private water and wastewater utilities; and
WHEREAS, membership in this organization aligns the City’s water and wastewater operations with California’s Standard Emergency Management System (SEMS); and WHEREAS, by leveraging CalWARN’s sector-specific mutual aid and the California Utilities Emergency Association’s (CUEA) direct line to state emergency leadership (Cal OES), the City gains access to a robust support network; and
WHEREAS, this collaborative structure is instrumental in protecting critical infrastructure and streamlining disaster recovery efforts for the community; and WHEREAS, the City’s membership in CalWARN would support compliance with emergency preparedness requirements under the America’s Water Infrastructure Act including provisions related Risk and Resilience Assessments and Emergency Response Plans.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vacaville does hereby authorize the Director of Utilities to execute the California Water/Wastewater Agency Response Network (CalWARN) 2007 Omnibus Mutual Assistance Agreement to signify the City’s participation in the program under the terms outlined therein.

I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a regular meeting of the City Council of the City of Vacaville, held on the 14th day of April 2026, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:
__________________________________
Michelle A. Thornbrugh, City Clerk
Item 9.b
Attachment 1
Item 9.b
CalWARN Mutual Aid/Asst Agreement 1 Approved and Adopted September 30, 2007 by Vote of Members
1 Articles of Agreement
2 California Water/Wastewater Agency Response Network
3 WARN 2007 Omnibus Mutual Assistance Agreement
4 5 This AGREEMENT is made and entered into by those water and wastewater utilities which have 6 adopted and signed this agreement to provide mutual assistance in times of emergency in 7 accordance with the California Emergency Services Act and the California Disaster and Civil 8 Defense Master Mutual Aid Agreement; and to provide reimbursement for equipment, supplies 9 and personnel made available on an emergency basis.
10 11 All of said water and wastewater utilities being herein referred to collectively as "the parties." 12 13 In consideration of the mutual covenants and agreements hereinafter set forth, the parties agree 14 to provide mutual assistance to one another in times of emergency as follows:
15 16
17 ARTICLE I.
18 PURPOSE
19 20 Recognizing that emergencies may require assistance in the form of personnel, equipment, and 21 supplies from outside the area of impact, the signatory utilities hereby establish an Intrastate 22 Program for Mutual Aid and Assistance. Through the Mutual Aid and Assistance Program, 23 Members coordinate response activities and share resources during emergencies. This 24 Agreement sets forth the procedures and standards for the administration of the Intrastate 25 Mutual Aid and Assistance Program and is available to all water and wastewater utilities, public 26 and private, in the State of California.
27 28
29 ARTICLE II.
30 DEFINITIONS
31 32 A. Authorized Official – An employee or officer of a Member who is authorized to: (1) request 33 assistance; (2) offer assistance; (3) refuse to offer assistance or (4) withdraw assistance 34 under this.
35 36 B. Emergency – A natural or human caused event or circumstance causing, or imminently 37 threatening to cause impact to the operations of a member utility’s system, loss of life, injury 38 to person or property, human suffering or financial loss, and includes, but is not limited to, 39 fire, flood, severe weather, earthquake, civil disturbance, riot, explosion, drought, volcanic 40 activity, spills or releases of oil or hazardous material, contamination, utility or transportation 41 emergencies, disease, blight, infestation, intentional acts, sabotage, declaration of war, or 42 other conditions which is, or is likely to be beyond the control of the services, personnel, 43 equipment, and facilities of a Member and requires mutual assistance. 44 45 C. Member – Any public or private water or wastewater utility that manifests intent to 46 participate in the Mutual Aid and Assistance Program by executing this, the California 47 Water/Wastewater Agency Response Network (CalWARN) Agreement. 48 49 D. Associate Member – Any non utility participant, approved by the State Steering Committee, 50 that provides a support role for the WARN program, for example State Department of Public Attachment 2
Item 9.b
CalWARN Mutual Aid/Asst Agreement 2 Approved and Adopted September 30, 2007 by Vote of Members
1 Health, or associations, who are members of the Regional or State Steering Committees 2 and do not officially sign the WARN agreement.
3 4 E. Confidential Information - Any document shared with any signatory to this Agreement that 5 is marked confidential, including but not limited to any map, report, notes, papers, opinion, 6 or e-mail which relates to the system vulnerabilities of a Member or Associate Member. 7 8 F. Non-Responding Member - A Member that does not provide assistance during a Period of 9 Assistance under the Mutual Aid and Assistance Program. 10 11 G. Requesting Member – A Member who requests assistance under the Mutual Aid and 12 Assistance Program.
13 14 H. Responding Member – A Member that responds to a request for assistance under the 15 Mutual Aid and Assistance Program.
16 17 I. Period of Assistance – A specified period of time when a Responding Member assists a 18 Requesting Member. The period commences when personnel, equipment, or supplies 19 depart from Responding Member’s facility and ends when the resources return to their 20 facility (portal to portal). All protections identified in the Agreement apply during this period. 21 The specified Period of Assistance may occur during response to or recovery from an 22 Emergency.
23 24 J. National Incident Management System (NIMS) - A national, standardized approach to 25 incident management and response that sets uniform processes and procedures for 26 emergency response operations.
27 28 K. Standardized Emergency Management System (SEMS) - A standardized approach to 29 field command and jurisdictional management and response set forth by State of California 30 Code of Regulations for multi-agency or multi-jurisdictional response to an emergency. 31 32
33 ARTICLE III.
34 ADMINISTRATION
35 36 The administration of the Water/Wastewater Agency Response Network (WARN) will be 37 through WARN Regional Steering Committees (RSC) and the WARN State Steering Committee 38 (SSC).
39 40 The WARN RSCs will be established by representatives from the Members in that region. A 41 chair and co-chair will be elected and act as administrators for that region. The chair will 42 represent the region on the WARN SSC. Each WARN RSC will sponsor an annual meeting for 43 Members, maintain a data base of all water and wastewater utilities who have signed this 44 Agreement, and meet as a committee to address concerns and procedures for requesting 45 mutual assistance in that region. The regions will be comprised of one or more of the six Office 46 of Emergency Services (OES) mutual aid regions.
47 48 The WARN SSC will include the chairs of the regional steering committees, and a 49 representative from the California Department of Public Health (CDPH), California Utilities 50 Emergency Association (CUEA), Department of Water Resources (DWR), the American Water 51 Works Association (AWWA) Emergency Planning Committee, California Rural Water Item 9.b
CalWARN Mutual Aid/Asst Agreement 3 Approved and Adopted September 30, 2007 by Vote of Members
1 Association (CRWA) and California Sanitation Risk Management Authority (CSRMA). The SSC 2 will identify a Chair for the purpose of leading the SSC and act as a point of contact for the 3 WARN SSC. At a minimum, the WARN SSC will meet annually and issue a list of participating 4 utilities. The database will be maintained on the WARN website, managed by a volunteer 5 Member, as appointed by the SSC.
6 7
8 ARTICLE IV.
9 PROCEDURES
10 11 A. In coordination with the Regional Steering Committees, emergency management and public 12 health system of the state, the State Steering Committee shall develop operational and 13 planning procedures for the Mutual Aid and Assistance Program. These procedures shall 14 be consistent with the Standardized Emergency Management System (SEMS) and the 15 National Incident Management System (NIMS), reviewed at least annually and updated as 16 needed by the State Steering Committee.
17 18 B. Requests for emergency assistance under this Agreement shall be directed to the 19 appropriate Authorized Official(s) from the list of Members. 20 21 C. Consistent with SEMS, when more than one County is impacted by a disaster, requests for 22 mutual assistance under this Agreement may be channeled through the CUEA Utility 23 Operation Center to ensure maximum effectiveness in allocating resources to the highest 24 priority needs.
25 26
27 ARTICLE V.
28 REQUESTS FOR ASSISTANCE
29 30 In general, assistance will be in the form of resources, such as equipment, supplies, and 31 personnel. Assistance shall be given only when Responding Member determines that its own 32 needs can be met while rendering assistance. The execution of this Agreement shall not create 33 any duty to respond on the part of any party hereto. A potential Responding Member shall not 34 be held liable for failing to provide assistance. A potential Responding Member has the 35 absolute discretion to decline to provide any requested assistance. 36 37 A. Member Responsibility - Members shall identify an Authorized Official and alternates; 38 provide contact information including 24-hour access; and maintain resource information 39 made available by the utility for mutual aid and assistance response, as allowed by utility 40 policy. Such information shall be updated annually or as changes occur (whichever is 41 sooner), provided to the State Steering Committee, and uploaded into the statewide 42 database.
43 44 B. Member Request - In the event of an Emergency, a Member’s Authorized Official may 45 request mutual aid and assistance from a participating Member. Requests for assistance 46 can be made orally or in writing. When made orally, the request for personnel, equipment, 47 and supplies shall also be prepared in writing and submitted to the participating Member as 48 soon as practicable. Requests for assistance shall be directed to the Authorized Official of 49 the participating Member. Specific protocols for requesting aid shall be provided in the 50 procedures developed under Article IV.
51 Item 9.b
CalWARN Mutual Aid/Asst Agreement 4 Approved and Adopted September 30, 2007 by Vote of Members
1 C. Response to a Request for Assistance – Members are not obligated to respond to a 2 request. After a Member receives a request for assistance, the Authorized Official evaluates 3 whether or not to respond, whether resources are available to respond, or if other 4 circumstances would hinder response. Following the evaluation, the Authorized 5 Representative shall inform, as soon as possible, the Requesting Member whether it will 6 respond. If the Member is willing and able to provide assistance, the Member shall inform 7 the Requesting Member about the type of available resources and the approximate arrival 8 time of such assistance.
9 10 D. Discretion of Responding Member’s Authorized Official – Execution of this Agreement 11 does not create any duty to respond to a request for assistance. When a Member receives 12 a request for assistance, the Authorized Official shall have sole and absolute discretion as to 13 whether or not to respond, or the availability of resources to be used in such response. An 14 Authorized Member’s decisions on the availability of resources shall be final. 15 16
17 ARTICLE VI.
18 RESPONSE COORDINATION
19 20 When providing assistance under this Agreement, the Requesting Member and Responding 21 Member shall be organized and shall function under the Standard Emergency Management 22 System and National Incident Management System protocols and procedures. 23 24 A. Personnel – Responding Member retains right to identify the employees who are willing 25 to participate and the resources that are available. 26 27 B. Control – While employees so provided may be under the supervision of the 28 Responding Member, the Responding Member’s employees come under the direction 29 and control of the Requesting Member, consistent with the NIMS Incident Command 30 System to address the needs identified by the Requesting Member. The Requesting 31 Member’s Authorized Official shall coordinate response activities with the designated 32 supervisor(s) of the Responding Member(s). Whenever practical, Responding 33 Member personnel must be self sufficient for up to 72 hours. The Responding Member’s 34 designated supervisor(s) must keep accurate records of work performed by personnel 35 during the specified Period of Assistance.
36 37 C. Food and Shelter – When possible, the Requesting Member shall supply reasonable food 38 and shelter for Responding Member personnel. If the Requesting Member is unable to 39 provide food and shelter for Responding Member personnel, the Responding Member’s 40 designated supervisor is authorized to secure the resources necessary to meet the needs of 41 its personnel. Except as provided below, the cost for such resources must not exceed the 42 State per diem rates for that area. To the extent Food and Shelter costs exceed the State 43 per diem rates for the area, the Responding Member must demonstrate that the additional 44 costs were reasonable and necessary under the circumstances. Unless otherwise agreed 45 to in writing, the Requesting Member remains responsible for reimbursing the Responding 46 Member for all reasonable and necessary costs associated with providing food and shelter, 47 if such resources are not provided.
48 49 D. Communication – The Requesting Member shall provide Responding Member personnel 50 with radio equipment as available, or radio frequency information to program existing radio, 51 in order to facilitate communications with local responders and utility personnel.

Item 9.b
CalWARN Mutual Aid/Asst Agreement 5 Approved and Adopted September 30, 2007 by Vote of Members
1 2 E. Status - Unless otherwise provided by law, the Responding Member’s officers and 3 employees retain the same privileges, immunities, rights, duties and benefits as provided in 4 their respective jurisdictions.
5 6 F. Licenses and Permits – To the extent permitted by law, Responding Member personnel 7 who hold licenses, certificates, or permits evidencing professional, mechanical, or other 8 skills shall be allowed to carry out activities and tasks relevant and related to their respective 9 credentials during the specified Period of Assistance. 10 11 G. Right to Withdraw Resources - The Responding Member’s Authorized Official retains the 12 right to withdraw some or all of its resources at any time for any reason in the Responding 13 Member’s sole and absolute discretion. Notice of intention to withdraw must be 14 communicated to the Requesting Member’s Authorized Official as soon as soon as is 15 practicable under the circumstances.
16 17
18 ARTICLE VII.
19 COST REIMBURSEMENT
20 21 Unless otherwise mutually agreed in whole or in part by both parties, the Requesting Member 22 shall reimburse the Responding Member for each of the following categories of costs incurred 23 while providing aid and assistance during the specified Period of Assistance. 24 25 A. Personnel – Responding Member will make such employees as are willing to 26 participate available to Requesting Member at Requesting Member’s expense equal to 27 Responding Member’s full cost, i.e., equal to the employee's applicable salary or hourly 28 wage plus fringe benefits and overhead, and consistent with Responding Member’s 29 collective bargaining agreements or other conditions of employment. All costs incurred 30 for work performed during the specified Period of Assistance will be included. The 31 Requesting Member shall be responsible for all direct and indirect labor costs. 32 33 B. Equipment – Use of equipment, such as construction equipment, vehicles, tools, pumps 34 and generators, shall be at Responding Member's current equipment rate and subject to the 35 following conditions: The Requesting Member shall reimburse the Responding Member for 36 the use of equipment during the specified Period of Assistance, including, but not limited to, 37 reasonable rental rates, all fuel, lubrication, maintenance, transportation, and 38 loading/unloading of loaned equipment. All equipment shall be returned to the Responding 39 Member as soon as is practicable and reasonable under the circumstances. 40 (a) At the option of Responding Member, equipment may be provided with an 41 operator.
42 (b) Equipment shall be returned to Responding Member within 24 hours after receipt 43 of an oral or written request for return.
44 (c) Requesting Member shall, at its own expense, supply all fuel, lubrication and 45 maintenance for furnished equipment.
46 (d) Responding Member’s cost related to the transportation, handling and 47 loading/unloading of equipment shall be chargeable to Requesting Member. 48 (e) In the event equipment is damaged while being dispatched to Requesting Member, 49 or while in the custody and use of Requesting Member, Requesting Member shall 50 reimburse Responding Member for the reasonable cost of repairing said damaged 51 equipment. If the equipment cannot be repaired, then Requesting Member shall Item 9.b
CalWARN Mutual Aid/Asst Agreement 6 Approved and Adopted September 30, 2007 by Vote of Members
1 reimburse Responding Member for the cost of replacing such equipment with 2 equipment that is of at least equal capability as determined by the Responding 3 Member. If Responding Member must lease a piece of equipment while Requesting 4 Member equipment is being repaired or replaced, Requesting Member shall 5 reimburse Responding Member for such lease costs.
6 7 C. Materials and Supplies – Requesting Member shall reimburse Responding Member in 8 kind or at actual replacement cost, plus handling charges, for use of expendable or non9 returnable supplies. Other supplies and reusable items that are returned to Responding 10 Member in a clean, damage-free condition shall not be charged to the Requesting 11 Member and no rental fee will be charged; otherwise, they shall be treated as 12 expendable supplies. Supplies that are returned to the Responding Member with 13 damage must be treated as expendable supplies for purposes of cost reimbursement. 14 15 D. Payment Period – The Responding Member shall provide an itemized bill to the Requesting 16 Member for all expenses incurred by the Responding Member while providing assistance 17 under this Agreement. The Requesting Member shall send the itemized bill not later than 18 (90) ninety dates following the end of the Period of Assistance. The Responding Member 19 may request additional periods of time within which to submit the itemized bill, and 20 Requesting Member shall not unreasonably withhold consent to such request. The 21 Requesting Member agrees to reimburse the Responding Member within 60 days from 22 receipt of an invoice for assistance provided under this Agreement. The Requesting 23 Member may request additional periods of time within which to pay the itemized bill, and 24 Responding Member shall not unreasonably withhold consent to such request, provided, 25 however, that all payment shall occur not later than one-year after the date a final itemized 26 bill is submitted to the Requesting Member.
27 28 E. Records - Each Responding Member and its duly authorized representatives shall have 29 access to a Requesting Member’s books, documents, notes, reports, papers and records 30 which are directly pertinent to this Agreement for the purposes of reviewing the accuracy of 31 a cost bill or making a financial, maintenance or regulatory audit. Each Requesting Member 32 and its duly authorized representatives shall have access to a Responding Member’s books, 33 documents, notes, reports, papers and records which are directly pertinent to this 34 Agreement for the purposes of reviewing the accuracy of a cost bill or making a financial, 35 maintenance or regulatory audit. Such records shall be maintained for at least three (3) 36 years or longer where required by law and as needed for federal reimbursement practices. 37 38
39 ARTICLE VIII.
40 ARBITRATION
41 42 If any controversy or claim arises out of, or relates to, the Agreement, including, but not limited 43 to an alleged breach of the Agreement, the disputing Members shall first attempt to resolve the 44 dispute by negotiation, followed by mediation and finally shall be settled by arbitration in 45 accordance with the Rules of the American Arbitration Association. Judgment on the award 46 rendered by the arbitrator(s) may be entered in any court having jurisdiction. 47 48
Item 9.b
CalWARN Mutual Aid/Asst Agreement 7 Approved and Adopted September 30, 2007 by Vote of Members
1 ARTICLE IX.
2 REQUESTING MEMBER’S DUTY TO INDEMNIFY
3 4 Pursuant to Government Code Section 895.4, and subject to Article X, Requesting Member 5 shall assume the defense of, fully indemnify and hold harmless Responding Member, its 6 Directors, Council Members, Supervisors, officers and employees, from all claims, loss, 7 damage, injury and liability of every kind, nature and description, directly or indirectly arising 8 from the Requesting Member’s work hereunder, including, but not limited to, negligent or 9 wrongful use of equipment, supplies or personnel provided to Requesting Member or faulty 10 workmanship or other negligent acts, errors or omissions by Responding Member, or by 11 personnel provided to Requesting Member from the time assistance is requested and 12 rendered until the assistance is returned to Responding Member’s control, portal to portal. 13 14
15 ARTICLE X.
16 SIGNATORY INDEMNIFICATION
17 18 In the event of a liability, claim, demand, action or proceeding, of whatever kind or nature 19 arising out of the rendering of assistance through this Agreement, the parties involved in 20 rendering or receiving assistance agree to indemnify and hold harmless all Members whose 21 only involvement is the execution and approval of this Agreement, in the transaction or 22 occurrence which is the subject of such claim, action, demand or other proceeding. Such 23 indemnification shall include indemnity for all claims, demands, liability, damages and costs, 24 including reasonable attorneys' fees and other costs of defense, for injury, property damage 25 and workers compensation.
26 27
28 ARTICLE XI.
29 WORKER’S COMPENSATION CLAIMS
30 31 The Responding Member is responsible for providing worker’s compensation benefits and 32 administering worker’s compensation for its employees. The Requesting Member is 33 responsible for providing worker’s compensation benefits and administering worker’s 34 compensation for its employees.
35 36
37 ARTICLE XII.
38 NOTICE
39 40 Each party hereto shall give to the others prompt and timely written notice of any claim 41 made or any suit instituted coming to its knowledge, which in any way, directly or indirectly, 42 contingently or otherwise, affects or might affect them, and each Member shall have the 43 right to participate in the defense of the same, as it considers necessary to protect its own 44 interests.
45 46
Item 9.b
CalWARN Mutual Aid/Asst Agreement 8 Approved and Adopted September 30, 2007 by Vote of Members
1 ARTICLE XIII.
2 INSURANCE
3 4 Members shall maintain an insurance policy or maintain a self insurance program that covers 5 activities that it may undertake by virtue of membership in the Mutual Aid and Assistance 6 Program.
7 8
9 ARTICLE XIV.
10 CONFIDENTIAL INFORMATION
11 12 To the extent allowed by law, any Member or Associate Member shall maintain in the strictest 13 confidence and shall take all reasonable steps necessary to prevent the disclosure of any 14 Confidential Information provided to it by another Member pursuant to this Agreement. If any 15 Member, Associate Member, or third party requests or demands, by subpoena or otherwise, 16 that a Member or Associate Member disclose any Confidential Information provided to it under 17 this Agreement, the Member or Associate Member shall immediately notify the owner of the 18 Confidential Information and shall take all reasonable steps necessary to prevent the disclosure 19 of any Confidential Information by asserting all applicable rights and privileges with respect to 20 such information and shall cooperate fully in any judicial or administrative proceeding relating 21 thereto.
22 23
24 ARTICLE XV.
25 EFFECTIVE DATE
26 27 This Agreement shall take effect for a new party immediately upon its execution by said 28 party.
29 30
31 ARTICLE XVI.
32 WITHDRAWAL
33 34 Any party may terminate its participation in this Agreement by written notice to the Chair of the 35 appropriate RSC and to the SSC Chair. Withdrawal takes effect 60 days after the appropriate 36 officials receive notice. Withdrawal from this Agreement shall in no way affect a Requesting 37 Member’s duty to reimburse a Responding Member for cost incurred during a Period of 38 Assistance, which duty shall survive such withdrawal. 39 40
41 ARTICLE XVII.
42 MODIFICATION
43 44 No provision of this Agreement may be modified, altered or rescinded by individual parties to the 45 Agreement. Modifications to this Agreement require a simple majority vote of Members within 46 each region and unanimous agreement among the regions. The State Steering Committee will 47 notify all parties of modifications to this Agreement in writing and those modifications shall be 48 effective upon 60 days written notice to the parties. 49 Item 9.b
CalWARN Mutual Aid/Asst Agreement 9 Approved and Adopted September 30, 2007 by Vote of Members
1 2 ARTICLE XVIII.
3 SEVERABILITY
4 5 If any term or provision of this Agreement is declared by a court of competent jurisdiction to be 6 illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be 7 affected, and the rights and obligations of the parties shall be construed and enforced as if the 8 Agreement did not contain the particular term or provision held to be invalid. 9 10
11 ARTICLE XIX.
12 PRIOR AGREEMENTS
13 14 To the extent that prior agreements among signatories to this Agreement for mutual assistance 15 are inconsistent with this Agreement, such agreements are hereby superseded. This 16 Agreement supersedes the 1996 Omnibus Mutual Aid Agreement, the WARN 1997 Omnibus 17 Mutual Aid Agreement, and the WARN 2001 Omnibus Mutual Aid and Assistance Agreement. 18 19
20 ARTICLE XX.
21 PROHIBITION ON THIRD PARTIES AND ASSIGNMENT OF RIGHTS/DUTIES 22 23 This Agreement is for the sole benefit of the Members and no other person or entity has rights 24 under this Agreement as a third party beneficiary. Assignment of benefits or delegation of 25 duties created by this Agreement to third parties that are not Members is prohibited and without 26 effect.
27 28
29 ARTICLE XXI.
30 TORT CLAIMS
31 32 This Agreement in no way abrogates or waives any immunity or defense available under 33 California law.
34 35
36 ARTICLE XXII.
37 INTRASTATE AND INTERSTATE MUTUAL AID AND ASSISTANCE PROGRAMS 38 39 To the extent practicable, Members retain the right to participate in mutual aid and assistance 40 activities conducted under the State of California Intrastate WARN Mutual Aid and Assistance 41 Program and the Interstate Emergency Management Assistance Compact (EMAC) and similar 42 programs.
43 44
45 Item 9.b
California Water/Wastewater Agency Response Network (CalWARN) 2007 Omnibus Mutual Assistance Agreement
WHEREAS, the California Office of Emergency Services (OES), the Department of Water Resources (DWR), the Department of Public Health (DPH) and the California Utilities Emergency Association (CUEA) have expressed a mutual interest in the establishment of a plan to facilitate and encourage water agency mutual assistance agreements between water agencies; and WHEREAS, the California Water Agency Response Network (CalWARN) was originally created to provide a forum for the development of mutual assistance agreements between water agencies in the OES Coastal Region of California; and later expanded to all water and wastewater agencies in the State of California, and
WHEREAS, the CALIFORNIA WATER/WASTEWATER AGENCY RESPONSE NETWORK (CalWARN) 2007 OMNIBUS MUTUAL ASSISTANCE AGREEMENT is a continuation of the WARN 1996 OMNIBUS MUTUAL AID and 2001 OMNIBUS MUTUAL AID AGREEMENT and sets forth the mutual covenants and agreements for water and wastewater agencies to provide mutual assistance to one another in times of emergency; and
WHEREAS, State OES regulates the SEMS program, and this agreement is consistent with SEMS, and that it is necessary to have a mutual assistance agreement in place to support requests to FEMA for costs of using assistance during an emergency, and
WHEREAS, the water or wastewater agency hereto has determined that it would be in its best interests to enter into an agreement that implements that plan and sets forth procedures and the responsibilities of the agency whenever emergency personnel, equipment and facility assistance are provided from one agency to the other; and
WHEREAS, no water or wastewater agency should be in a position of unreasonably using its own resources, facilities, or services providing such mutual assistance; and WHEREAS, it is the intent of WARN to revise this agreement as necessary and to annually publish a list of all water and wastewater agencies participating in this agreement, as posted on www.calwarn.org; and WHEREAS, such an agreement is in accord with the California Emergency Services Act set forth in Title 2, Division 1, Chapter 7 (Section 8550 et seq.) of the Government Code and specifically with Articles 14 and 17 (Section 8630 et seq.) of the Act.

NOW, THEREFORE, in consideration of the conditions and covenants contained therein, the ______________________________________________________________ (Utility)
agrees to abide by the current CalWARN Omnibus Mutual Assistance Agreement and the CalWARN ACS Chapter Governance Document.

Date:

Name: (printed) (signature)
Title:

Please return a signed copy of this page to: [email protected] Attachment 3
Item 9.b
Agenda Item No. 9C
April 14, 2026
TO: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
FROM: Jay Yerkes, City Treasurer
(Staff contact: Ken Matsumiya, Director of Finance (707) 449-5180) SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE TO

APPROVE AMENDMENTS TO THE CITY OF VACAVILLE INVESTMENT
POLICY
ACTION FOR CONSIDERATION:

Receive and approve the amendments to the City of Vacaville Investment Policy.

RECOMMENDATION:

By simple motion, adopt the subject resolution.

BACKGROUND:

Section 53646(a) (2) of the California Government Code no longer requires that an investment policy be rendered to the legislative body on an annual basis. However, as City Treasurer, I have chosen to maintain this requirement as stated in the City’s Investment Policy under Section VII.

Reporting.

Overall, the attached City of Vacaville Investment Policy states that all funds shall be invested in a manner that complies with all laws of the State of California, the policies of the City of Vacaville, and in accordance with prudent cash management principles.

The policy also sets a benchmark for performance measurement of the City’s overall portfolio return. One measure of portfolio return currently used by California local agencies is the yield to maturity (YTM) of the portfolio. Common benchmark portfolios include three-month U.S. Treasury bills, the state Local Agency Investment Fund (LAIF), the two-year U.S. Treasury note, or a 12 to 24-month rolling average of U.S. Treasury bills. Local agencies select benchmark portfolios like these because they are seen as representative of their portfolios or as alternatives that are available to them. YTM is a reasonable method of analyzing securities at the time of purchase. It provides a snapshot of how much return is expected in the future from a particular security on the purchase date and, therefore, provides a means of comparison among alternatives. Performance measurement is a means of measuring how well the expectation of return incorporated in YTM was fulfilled. Portfolio YTM on a given date is still a measure of the promise of future return, not the actual return delivered by the portfolio over a past period.

There are a couple of changes to the 2026 policy document, which are outlined below and included as redline edits on Attachment 1.

1. Remove reference to the Financial Analyst position which no longer exists.

Item 9.c

2. Extend the allowable maturity for commercial paper from 270 days to 397 days to align the City’s investment policy with current market standards and the California Government Code.

The proposed change to the maximum maturity of commercial paper is beneficial for two main reasons. Commercial paper with slightly longer maturities often offer higher interest rates. By allowing up to 397 days, the City can capture better yields while still staying within a short-term investment horizon. The additional time also allows greater flexibility to better time investments on market conditions. This can help avoid reinvesting funds too frequently during periods of lower interest rates.

The performance of the City’s portfolio relative to the benchmark and LAIF as of February 28, 2026, are illustrated below:

DISCUSSION:

The state’s Local Agency Investment Fund is a voluntary investment program used by many local governments and special districts in California. The chart highlights the yield spread – expected return on investment – of the City’s portfolio over the benchmark and LAIF since April 2021.

Starting in February 2022, as interest rates rose dramatically so to did the yield spread for LAIF and US Treasuries. The City uses LAIF as part of its overall investment portfolio; however, in much smaller municipalities and special districts, LAIF is often used as the primary investment option when no internal investment office or outside investment consulting firm is utilized. As interest rates began to decrease in 2024, the YTM of the portfolio also began to close the gap between LAIF and US Treasuries (benchmark) as shown on the chart. The reason is LAIF and the benchmark are tied to short-term market rates, so when rates fall, their yields drop rapidly.

The City’s portfolio is impacted more slowly in this environment as our portfolio includes investments we bought earlier – and are locked in - at higher interest rates which will continue to produce higher yields even if market rates continue to decline.

Item 9.c
The City’s investment consulting firm, Meeder Public Funds, is a registered investment advisor based in Columbus, Ohio with additional offices in Long Beach, California, and Lansing, Michigan.

Their sole focus is providing investment advisory and consulting services to state and local governments since 1990. Meeder currently works with more than 300 public entity accounts nationwide and is one of the largest public funds advisors in the Country. Meeder provides the City non-discretionary portfolio management services with real-time transaction reports in conjunction with monthly and quarterly meetings with City staff to discuss portfolio strategy and economic highlights. The advisor prudently invests the City’s funds in accordance with its investment policy.

ENVIRONMENTAL IMPACT:

This item is exempt from environmental review, under the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), which exempts any project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

FISCAL IMPACT:

Amount Requested: Not applicable
Funding Source: Not applicable
Budget Distribution: Not applicable
ALTERNATIVES:

No alternative recommendation.

STRATEGIC PLAN GOAL/INITIATIVE:

Goal #4 – Maintain Effective and Efficient Services
LEVINE ACT: No
ATTACHMENTS:

Resolution – Action Item
Attachment 1: City of Vacaville Investment Policy

Item 9.c
RESOLUTION NO. 2026-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE APPROVING

AMENDMENTS TO THE CITY OF VACAVILLE INVESTMENT POLICY
WHEREAS, the City Treasurer is responsible for the prudent management of the City of Vacaville's investment portfolio in accordance with all applicable laws of the State of California and the policies of the City of Vacaville;
WHEREAS, California Government Code Section 53646(a)(2) no longer requires that a local agency investment policy be submitted to the legislative body on an annual basis; however, the City Treasurer has elected to maintain this practice as provided in Section VII of the City's Investment Policy;
WHEREAS, the City's Investment Policy requires that all funds be invested in a manner that complies with all laws of the State of California, the policies of the City of Vacaville, and prudent cash management principles;
WHEREAS, the City Treasurer has recommended two amendments to the City's Investment Policy: removing a reference to the Financial Analyst position which no longer exists, and extending the allowable maturity for commercial paper from 270 days to 397 days to align with current market standards and the California Government Code; and WHEREAS, extending the allowable maturity for commercial paper to 397 days will allow the City to capture better yields on investments while maintaining a short-term investment horizon and providing greater flexibility to time investments based on market conditions.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Vacaville that the City Council does hereby approve the amendments to the City of Vacaville Investment Policy as set forth in Attachment 1 to the April 14, 2026, staff report.

I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a regular meeting of the City Council of the City of Vacaville held on the 14th day of April 2026, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:
________________________________
Michelle A. Thornbrugh, City Clerk
Item 9.c
ATTACHMENT 1

CITY OF VACAVILLE

INVESTMENT POLICY

CITY OF VACAVILLE

FINANCE DEPARTMENT
650 MERCHANT STREET
VACAVILLE, CA 95688
Adopted: May 25, 2010
Amendment: April 9, 2024
Item 9.c
Investment Policy
Adopted:

May 25, 2010 Informational Only
Amendments:

May 8, 2007 Informational updates Only through April 9, 2024 April 22, 2008
May 12, 2009
May 25, 2010
June 28, 2011
June 26, 2012
December 8, 2015
December 13, 2016
December 12, 2017
December 11, 2018
April 28, 2020
April 13, 2021
May 10, 2022
April 25, 2023
April 9, 2024

Item 9.c
City of Vacaville
Investment Policy
I. Policy Statement
The policy of the City of Vacaville shall be to invest all public funds under the City’s control in a manner that complies with all laws of the State of California, the policies of the City of Vacaville and in accordance with prudent cash management principles.

II. Scope of Policy
This policy sets forth guidance for all investment activities conducted by the City of Vacaville. The Finance Department is responsible for the investing of funds under the City’s control. Eligible funds include governmental, proprietary, and fiduciary fund types.

III. Objectives

The City of Vacaville objectives for managing public funds is governed by the California Government Code, Section 53600.5.

A. Preservation of Capital

Preservation of capital is the primary objective of the City of Vacaville. Every investment transaction shall strive to avoid capital losses arising from securities default and/or broker default.

B. Liquidity
The portfolio will be structured to provide sufficient liquidity to meet cash operating requirements in a timely and complete manner.

C. Return on Investment
The maximization of return will not transcend the objective of capital preservation.

The City’s portfolio shall be structured to achieve a market-average rate of return through various economic cycles. The benchmark for “market-average rate” shall be the prior 24 month trailing average yield for the 2 year constant maturity treasury. The Finance Department will seek to enhance returns above the market-average rate, whenever possible, and within the confines of this Investment Policy.

IV. Delegation of Authority
The California Government Code states that the City Treasurer shall receive and safely keep all money the treasurer receives. The City Treasurer has delegated this task to the Finance Director. The day-to-day duties for investing the City’s funds is performed by Meeder Investment Management with review and approval by the Finance Director. In the absence of the Finance Director, the Financial AnalystAssistant Director of Finance, will assume the duties for review and approval of investment activities.

V. Security Safekeeping
Item 9.c
Securities will be received and delivered using standard “delivery versus payment” procedures. Securities owned by the City, excluding securities used as collateral for reverse repurchase agreements, shall be held by the City’s custodian bank or by a third party bank trust department, acting as an agent for the City.

VI. Ethics and Prudent Investor Rule
To ensure ethical behavior, employees of the Finance Department will refrain from activities that could conflict with the proper administration of the investment function and which could impair their ability to make impartial decisions.

Section 53600.3 of the California Government Code states that the governing body of local agencies or the persons authorized to make investments on behalf of those local agencies are trustees and therefore fiduciaries subject to the prudent investor standard.

This standard is stated below:

When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law.

VII.Reporting
The Finance Department will submit a monthly investment report to the City Council, City Manager and City Treasurer.

The City Treasurer will submit an annual Investment Policy to the City Council.

VIII. Authorized Investments
The City’s investment function is governed by the California Government Code, Sections 53600 et seq. The City of Vacaville is authorized by Section 53601 to invest in the following types of securities:
53601. This section shall apply to a local agency that is a city, a district, or other local agency that does not pool money in deposits or investments with other local agencies, other than local agencies that have the same governing body. However, Section 53635 shall apply to all local agencies that pool money in deposits or investments with other local agencies that have separate governing bodies. The legislative body of a local agency having moneys in a sinking fund or moneys in its treasury not required for the immediate needs of the local agency may invest any portion of the moneys that it deems wise or expedient in those investments set forth below. A local agency purchasing or obtaining any securities prescribed in this section, in a negotiable, bearer, registered, or nonregistered format, shall require delivery of the securities to the local agency, including those purchased for the agency by financial advisers, consultants, or managers using the agency's funds, by book entry, physical delivery, or by third-party custodial agreement.

The transfer of securities to the counterparty bank's customer book entry account may be used for book entry delivery.

Item 9.c
For purposes of this section, "counterparty" means the other party to the transaction.

A counterparty bank's trust department or separate safekeeping department may be used for the physical delivery of the security if the security is held in the name of the local agency. Where this section specifies a percentage limitation for a particular category of investment, that percentage is applicable only at the date of purchase. Where this section does not specify a limitation on the term or remaining maturity at the time of the investment, no investment shall be made in any security, other than a security underlying a repurchase or reverse repurchase agreement or securities lending agreement authorized by this section, that at the time of the investment has a term remaining to maturity in excess of five years, unless the legislative body has granted express authority to make that investment either specifically or as a part of an investment program approved by the legislative body no less than three months prior to the investment:
(a) Bonds issued by the local agency, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency or by a department, board, agency, or authority of the local agency. (b) United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest.
(c) Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state. (d) Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California. (e) Bonds, notes, warrants, or other evidences of indebtedness of a local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency.
(f) Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises.
(g) Bankers' acceptances otherwise known as bills of exchange or time drafts that are drawn on and accepted by a commercial bank. Purchases of bankers' acceptances shall not exceed 180 days' maturity or 40 percent of the agency's moneys that may be invested pursuant to this section. However, no more than 30 percent of the agency's moneys may be invested in the bankers' acceptances of any one commercial bank pursuant to this section.

This subdivision does not preclude a municipal utility district from investing moneys in its treasury in a manner authorized by the Municipal Utility District Act (Division 6 (commencing with Section 11501) of the Public Utilities Code). (h) Commercial paper of "prime" quality of the highest ranking or of the highest letter and number rating as provided for by a nationally recognized statistical rating organization (NRSRO). The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or (2):
(1) The entity meets the following criteria:
(A) Is organized and operating in the United States as a general corporation. (B) Has total assets in excess of five hundred million dollars ($500,000,000). (C) Has debt other than commercial paper, if any, that is rated "A" or higher by an NRSRO.
(2) The entity meets the following criteria:

Item 9.c
(A) Is organized within the United States as a special purpose corporation, trust, or limited liability company.
(B) Has program wide credit enhancements including, but not limited to, overcollateralization, letters of credit, or a surety bond. (C) Has commercial paper that is rated "A-1" or higher, or the equivalent, by an NRSRO.

Eligible commercial paper shall have a maximum maturity of 270 397 days or less. Local agencies, other than counties or a city and county, may invest no more than 25 percent of their moneys in eligible commercial paper. Local agencies, other than counties or a city and county, may purchase no more than 10 percent of the outstanding commercial paper of any single issuer. Counties or a city and county may invest in commercial paper pursuant to the concentration limits in subdivision (a) of Section 53635.

Eligible commercial paper shall have a maximum maturity of 270 days or less. Local agencies, other than counties or a city and county, that have less than one hundred million dollars ($100,000,000) of investment assets under management, may invest no more than 25 percent of their moneys in eligible commercial paper. Local agencies, other than counties or a city and county, that have one hundred million dollars ($100,000,000) or more of investment assets under management may invest no more than 40 percent of their moneys in eligible commercial paper. A local agency, other than a county or a city and a county, may invest no more than 10 percent of its total investment assets in the commercial paper and the medium-term notes of any single issuer. Counties or a city and county may invest in commercial paper pursuant to the concentration limits in subdivision (a) of Section 53635.
(i) Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a federally licensed or state-licensed branch of a foreign bank. Purchases of negotiable certificates of deposit shall not exceed 30 percent of the agency's moneys that may be invested pursuant to this section. For purposes of this section, negotiable certificates of deposit do not come within Article 2 (commencing with Section 53630), except that the amount so invested shall be subject to the limitations of Section 53638. The legislative body of a local agency and the treasurer or other official of the local agency having legal custody of the moneys are prohibited from investing local agency funds, or funds in the custody of the local agency, in negotiable certificates of deposit issued by a state or federal credit union if a member of the legislative body of the local agency, or a person with investment decision making authority in the administrative office manager's office, budget office, auditor-controller's office, or treasurer's office of the local agency also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or the supervisory committee of the state or federal credit union issuing the negotiable certificates of deposit. (j) (1) Investments in repurchase agreements or reverse repurchase agreements or securities lending agreements of securities authorized by this section, as long as the agreements are subject to this subdivision, including the delivery requirements specified in this section.
(2) Investments in repurchase agreements may be made, on an investment authorized in this section, when the term of the agreement does not exceed one year. The market value of securities that underlie a repurchase agreement shall be valued at 102 percent or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly. Since the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase agreements shall be in compliance if the value of the underlying securities is brought back up to 102 percent no later than the next business day.

Item 9.c
(3) Reverse repurchase agreements or securities lending agreements may be utilized only when all of the following conditions are met:
(A) The security to be sold using a reverse repurchase agreement or securities lending agreement has been owned and fully paid for by the local agency for a minimum of 30 days prior to sale.
(B) The total of all reverse repurchase agreements and securities lending agreements on investments owned by the local agency does not exceed 20 percent of the base value of the portfolio.
(C) The agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security. (D) Funds obtained or funds within the pool of an equivalent amount to that obtained from selling a security to a counterparty using a reverse repurchase agreement or securities lending agreement shall not be used to purchase another security with a maturity longer than 92 days from the initial settlement date of the reverse repurchase agreement or securities lending agreement, unless the reverse repurchase agreement or securities lending agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security.
(4) (A) Investments in reverse repurchase agreements, securities lending agreements, or similar investments in which the local agency sells securities prior to purchase with a simultaneous agreement to repurchase the security may be made only upon prior approval of the governing body of the local agency and shall be made only with primary dealers of the Federal Reserve Bank of New York or with a nationally or statechartered bank that has or has had a significant banking relationship with a local agency. (B) For purposes of this chapter, "significant banking relationship" means any of the following activities of a bank:
(i) Involvement in the creation, sale, purchase, or retirement of a local agency's bonds, warrants, notes, or other evidence of indebtedness. (ii) Financing of a local agency's activities.
(iii) Acceptance of a local agency's securities or funds as deposits. (5) (A) "Repurchase agreement" means a purchase of securities by the local agency pursuant to an agreement by which the counterparty seller will repurchase the securities on or before a specified date and for a specified amount and the counterparty will deliver the underlying securities to the local agency by book entry, physical delivery, or by third-party custodial agreement. The transfer of underlying securities to the counterparty bank's customer book-entry account may be used for book-entry delivery. (B) "Securities," for purposes of repurchase under this subdivision, means securities of the same issuer, description, issue date, and maturity. (C) "Reverse repurchase agreement" means a sale of securities by the local agency pursuant to an agreement by which the local agency will repurchase the securities on or before a specified date and includes other comparable agreements. (D) "Securities lending agreement" means an agreement under which a local agency agrees to transfer securities to a borrower who, in turn, agrees to provide collateral to the local agency. During the term of the agreement, both the securities and the collateral are held by a third party. At the conclusion of the agreement, the securities are transferred back to the local agency in return for the collateral.
(E) For purposes of this section, the base value of the local agency's pool portfolio shall be that dollar amount obtained by totaling all cash balances placed in the pool by all pool participants, excluding any amounts obtained through selling securities by Item 9.c
way of reverse repurchase agreements, securities lending agreements, or other similar borrowing methods.
(F) For purposes of this section, the spread is the difference between the cost of funds obtained using the reverse repurchase agreement and the earnings obtained on the reinvestment of the funds.
(k) Medium-term notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment under this subdivision shall be rated "A" or better by an NRSRO. Purchases of medium-term notes shall not include other instruments authorized by this section and shall not exceed 30 percent of the agency's moneys that may be invested pursuant to this section.
(l) (1) Shares of beneficial interest issued by diversified management companies that invest in the securities and obligations as authorized by subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and that comply with the investment restrictions of this article and Article 2 (commencing with Section53630). However, notwithstanding these restrictions, a counter party to a reverse repurchase agreement or securities lending agreement is not required to be a primary dealer of the Federal Reserve Bank of New York if the company's board of directors finds that the counterparty presents a minimal risk of default, and the value of the securities underlying a repurchase agreement or securities lending agreement may be 100 percent of the sales price if the securities are marked to market daily.
(2) Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15U.S.C. Sec. 80a-1 et seq.). (3) If investment is in shares issued pursuant to paragraph (1), the company shall have met either of the following criteria:
(A) Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs.
(B) Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years' experience investing in the securities and obligations authorized by subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and with assets under management in excess of five hundred million dollars ($500,000,000).
(4) If investment is in shares issued pursuant to paragraph (2), the company shall have met either of the following criteria:
(A) Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs.
(B) Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years' experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000).
(5) The purchase price of shares of beneficial interest purchased pursuant to this subdivision shall not include commission that the companies may charge and shall not exceed 20 percent of the agency's moneys that may be invested pursuant to this section.

However, no more than 10 percent of the agency's funds may be invested in shares of beneficial interest of any one mutual fund pursuant to paragraph (1). (m) Moneys held by a trustee or fiscal agent and pledged to the payment or security of bonds or other indebtedness, or obligations under a lease, installment sale, or other agreement of a local agency, or certificates of participation in those bonds, indebtedness, or lease installment sale, or other agreements, may be invested in accordance with the statutory provisions governing the issuance of those bonds, indebtedness, or lease Item 9.c
installment sale, or other agreement, or to the extent not inconsistent therewith or if there are no specific statutory provisions, in accordance with the ordinance, resolution, indenture, or agreement of the local agency providing for the issuance. (n) Notes, bonds, or other obligations that are at all times secured by a valid first priority security interest in securities of the types listed by Section 53651 as eligible securities for the purpose of securing local agency deposits having a market value at least equal to that required by Section 53652 for the purpose of securing local agency deposits. The securities serving as collateral shall be placed by delivery or book entry into the custody of a trust company or the trust department of a bank that is not affiliated with the issuer of the secured obligation, and the security interest shall be perfected in accordance with the requirements of the Uniform Commercial Code or federal regulations applicable to the types of securities in which the security interest is granted. (o) A mortgage pass-through security, collateralized mortgage obligation, mortgagebacked or other pay-through bond, equipment lease-backed certificate, consumer receivable pass-through certificate, or consumer receivable-backed bond of a maximum of five years' maturity. Securities eligible for investment under this subdivision shall be issued by an issuer having an "A" or higher rating for the issuer's debt as provided by an NRSRO and rated in a rating category of "AA" or its equivalent or better by an NRSRO.

Securities eligible for investment under this subdivision shall be rated in a rating category of “AA” or its equivalent or better by an NRSRO. Purchase of securities authorized by this subdivision shall not exceed 20 percent of the agency's surplus moneys that may be invested pursuant to this section.

(p) Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (q), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria:
(1) The adviser is registered or exempt from registration with the Securities and Exchange Commission.
(2) The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive. (3) The adviser has assets under management in excess of five hundred million dollars ($500,000,000).
(q) United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated "AA" or better by an NRSRO and shall not exceed 30 percent of the agency's moneys that may be invested pursuant to this section.
53601.1. The authority of a local agency to invest funds pursuant to Section 53601 includes, in addition thereto, authority to invest in financial futures or financial option contracts in any of the investment categories enumerated in that section. 53601.5. The purchase by a local agency of any investment authorized pursuant to Section 53601 or 53601.1, not purchased directly from the issuer, shall be purchased either from an institution licensed by the state as a broker-dealer, as defined in Section 25004 of the Corporations Code, or from a member of a federally regulated securities exchange, from a national or state-chartered bank, from a savings association or federal Item 9.c
association (as defined by Section 5102 of the Financial Code) or from a brokerage firm designated as a primary government dealer by the Federal Reserve bank.

IX. Additional Authorization
As required by Section 53601, authorization to invest in reverse repurchase agreements has been established by Resolution 1992-L-3. Resolution 1993-16 allows investments in authorized securities that have a term, or remaining maturity, that extend beyond five years.

X. Prohibited Investments
As stated in Section 53601.6 of the California Government Code:
(a) A local agency shall not invest any funds pursuant to this article or pursuant to Article 2 (commencing with Section 53630) in inverse floaters, range notes, or mortgagederived, interest-only strips. (b) A local agency shall not invest any funds pursuant to this article or pursuant to Article 2 (commencing with Section 53630) in any security that could result in zero interest accrual if held to maturity. However, a local agency may hold prohibited instruments until their maturity dates. The limitation in this subdivision shall not apply to local agency investments in shares of beneficial interest issued by diversified management companies registered under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.) that are authorized for investment pursuant to subdivision (l) of Section 53601.

Item 9.c
Agenda Item No. 9D
April 14, 2026
TO: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
FROM: Brian Oxley, Director of Public Works
(Staff contact: Jacob Smith, Construction Manager (707) 449-5429) SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE ACCEPTING PUBLIC IMPROVEMENTS FOR THE 2025 SLURRY SEAL

PROJECT
ACTION FOR CONSIDERATION:

The construction work for the 2025 Slurry Seal Project is complete and is now ready for consideration of acceptance by City Council.

RECOMMENDATION:

By simple motion, adopt the subject resolution.

BACKGROUND:

The City of Vacaville’s roadway network totals over 700 lane miles. The Public Works Department strives to maintain a state of good repair for the City’s roadway network through the delivery of annual road rehabilitation and preventative maintenance projects. The cornerstone of maintaining our roadway network is our annual Slurry Seal Program; as painting a house seals the house from leaks, a street slurry seal in effect seals the street and prevents water intrusion which can lead to street foundation failure. The preventative maintenance activities performed during a slurry seal project include crack sealing, and the addition of an asphalt slurry seal coating and/or microsurfacing to maximize the lifecycle of the roadway. As is standard throughout the Bay Area, roadway sections included within the slurry seal project are identified through the use of the Metropolitan Transportation Commission (MTC) Street Saver application which is a pavement condition index system as well as observation and reporting of degraded street segments by the City maintenance crews.

On May 13, 2025, the City Council awarded the construction contract for the 2025 Slurry Seal Project to Pavement Coatings Co., of Sacramento, California. The project consisted of crack seal followed by slurry seal, micro-surfacing, and street traffic control striping and signage to more than 85 lane miles of roadway. The project also includes implementing reduced speed limits within certain school zones. On May 28, 2024, City Council adopted a resolution to reduce the posted speed limit in certain school zones consistent with the California Vehicle Code and the Manual of Uniform Traffic Control Devices. This project removed and replaced existing 25 mph signs with 15 mph signs around the City’s 19 school zones as previously presented to City Council at the May 28, 2024 council meeting (Attachment 1 - Project Vicinity Maps and Attachment 2 – Project Street List).

Pursuant to the California Public Contract Code, once a Capital Improvement Project (CIP) has been constructed and the Director of Public Works has certified that the improvements are completed in accordance with the terms and conditions of the contract; the project is brought before City Council for acceptance. If City Council accepts the improvements, staff will make final payment to the contractor and close out the project.

Item 9.d
DISCUSSION:

The 2025 Slurry Seal Project was completed on March 11, 2026 (Attachment 3 – Project Completion Photos).

The Director of Public Works has certified that the improvements have been completed in accordance with the terms and conditions of the contract, and staff is now requesting that City Council accept the improvements.

The awarded construction contract amount was $3,759,398.50. Due to minor changes, the original contract amount was decreased by $255,239.53, bringing the total contract amount to $3,504,158.97, or approximately 6.8% less than the original contract amount.

ENVIRONMENTAL IMPACT:

The Community Development Department certified the Project exempt from the provisions of the California Environmental Quality Act in accordance with Section 15301- Class 1 (existing facilities) and a Notice of Exemption was filed with Solano County on November 20, 2024.

FISCAL IMPACT:

Amount Requested: There are no additional funds requested for this item.

Funding Sources: Measure M (1002) and Gas Tax (4010).

Budget Distribution: The budget for this project is included in the Capital Improvement Project account #820384, and sufficient funding exists in the project account.

ALTERNATIVES:

The City Council could choose not to accept the improvements. However, this would mean that the City would not make any final payments and release retention held on the project, and as such the City would be in breach of contract and could be subject to penalties of 2% per month of any unpaid amount per Section 7107 of the Public Contract Code.

STRATEGIC GOAL/INITIATIVE:

Goal #4 – Maintain Effective and Efficient Services
LEVINE ACT: No
ATTACHMENTS:

Resolution – Action Item
Attachment 1: Project Vicinity Maps
Attachment 2: Project Street List
Attachment 3: Project Completion Photos
Item 9.d
RESOLUTION NO. 2026-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE ACCEPTING PUBLIC IMPROVEMENTS FOR THE 2025 SLURRY SEAL PROJECT
WHEREAS, the City of Vacaville, after proceedings duly had entered into a written contract on the 20th of June, 2025, with Pavement Coatings, Co., of Sacramento, California as Contractor for the construction of the 2025 Slurry Seal Project in the City of Vacaville; and WHEREAS, the original contract amount for the project was $3,759,398.50; and WHEREAS, taking into account the three executed change orders and the decrease of some quantities of the original contract work the total decrease to the contract was $255,239.53.

The final cost of the work was $3,504,158.97, approximately 6.8% less than the original contract amount; and
WHEREAS, there are adequate funds available to compensate for the additional project costs; and
WHEREAS, the Director of Public Works has certified that said improvements were completed in accordance with the terms and conditions in said contract.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vacaville does hereby accept said improvements as having been completed in accordance with the terms and conditions in said contract and authorizes final payment to the contractor.

I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a regular meeting of the City Council of the City of Vacaville, held on the 14th day of April 2026, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:
__________________________
Michelle A. Thornbrugh, City Clerk
Item 9.d

DEPARTMENT OF

PUBLIC WORKS
2025 SLURRY SEAL PROJECT
ATTACHMENT 1

PROJECT VICINITY MAP
Item 9.d

DEPARTMENT OF

PUBLIC WORKS
2025 SLURRY SEAL PROJECT
ATTACHMENT 2

PROJECT STREET LIST
Item 9.d

DEPARTMENT OF PUBLIC WORKS
2025 SLURRY SEAL PROJECT
ATTACHMENT 3 (1 OF 2)

PROJECT VICINITY MAP
Item 9.d

DEPARTMENT OF PUBLIC WORKS
2025 SLURRY SEAL PROJECT
ATTACHMENT 3 (2 OF 2)

PROJECT VICINITY MAP
Item 9.d
Agenda Item No. 9E
April 14, 2026
TO: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
FROM: Brian Oxley, Director of Public Works
(Staff contact: Jacob Smith, Construction Manager (707) 449-5429) SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE

ACCEPTING PUBLIC IMPROVEMENTS FOR THE EXPANSION OF TRANSIT

BUILDING PROJECT
ACTION FOR CONSIDERATION:

The construction work for the Expansion of Transit Building Project is complete and is now ready for consideration of acceptance by City Council.

RECOMMENDATION:

By simple motion, adopt the subject resolution.

BACKGROUND:

The existing Transit Building is located at 1001 Allison Drive within the City of Vacaville Corporation Yard (Attachments 1 and 2 – Project Vicinity Map). Constructed in the year 2000, the City’s 3,000 square foot Transit Building located on the east side of the City’s Corporation Yard was previously identified as being in need of additional office and storage space due to increased staffing and the need to ensure regulatory compliance and safe operation of the City’s transit system.

On April 8, 2025, the City Council awarded the construction contract for the Expansion of Transit Building Project to TPM Construction, Inc. of Dixon, California. The project consisted of adding approximately 1,500 square feet to the existing Transit Building and providing the following building enhancements: four offices, one conference room, one bathroom, one electrical / IT room, and one storage room. In addition, the project installed a new metal roof to the entire transit building, repainted the entire building, and added a shade structure to the new patio area (Attachment 1 - Project Vicinity Maps).

DISCUSSION:

The Expansion of Transit Building Project was completed on March 12, 2026 (Attachment 2 – Project Completion Photos).

Item 9.e
The awarded construction contract amount was $1,671,000. Due to changes to the project during construction, the original contract amount was increased by $205,339.83 bringing the total contract amount to $1,876,339.83, or approximately 12.3% more than the original contract amount. However, the Project has sufficient existing funding because the low bid amount of $1,671,000 was 41% lower than the Engineer’s Estimate of $2,609,575.00 and the contingency fund developed during the budget process for this project will cover the cost increase. No additional funding is required or requested.

ENVIRONMENTAL IMPACT:

The Community Development Department certified the Project exempt from the provisions of the California Environmental Quality Act in accordance with Section 15301 (e) (addition to existing structure) and a Notice of Exemption was filed in April 2025.

FISCAL IMPACT:

Amount Requested: There are no additional funds requested for this item.

Funding Sources: Federal Transit Administration (FTA) and Transportation Development Act (TDA).

Budget Distribution: The budget for this project is included in the Capital Improvement Project account #810348, and sufficient funding exists in the project account.

ALTERNATIVES:

STRATEGIC GOAL/INITIATIVE:

Goal #4 – Maintain Effective and Efficient Services
LEVINE ACT: No
ATTACHMENTS:

Resolution – Action Item
Attachment 1: Project Vicinity Maps
Attachment 2: Project Completion Photos

Item 9.e
RESOLUTION NO. 2026-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE ACCEPTING PUBLIC

IMPROVEMENTS FOR THE EXPANSION OF TRANSIT BUILDING PROJECT WHEREAS, the City of Vacaville, after proceedings duly had entered into a written contract on the 23rd of May, 2025, with TPM Construction, Inc., of, Dixon, California as Contractor for the construction of the Expansion of Transit Building Project in the City of Vacaville; and
WHEREAS, the original contract amount for the project was $1,671,000; and WHEREAS, taking into account the four executed change orders, the total increase to the contract was $205,339.83. The final cost of the work was $1,876,339.83, approximately

12.3% more than the original contract amount; and
WHEREAS, there are adequate funds available to compensate for the additional project costs; and
WHEREAS, the Director of Public Works has certified that said improvements were completed in accordance with the terms and conditions in said contract.

I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a regular meeting of the City Council of the City of Vacaville, held on the 14th day of April 2026, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:
__________________________
Michelle A. Thornbrugh, City Clerk
Item 9.e

DEPARTMENT OF
PUBLIC WORKS ATTACHMENT 1 (1 OF 2)

PROJECT VICINITY MAP

EXPANSION OF TRANSIT BUILDING PROJEC

PROJECT

LOCATION
Item 9.e
DEPARTMENT OF PUBLIC WORKS ATTACHMENT 1 (2 OF 2)

PROJECT VICINITY MAP

EXPANSION OF TRANSIT BUILDING PROJEC
Item 9.e
DEPARTMENT OF PUBLIC WORKS ATTACHMENT 2 (1 OF 2)

PROJECT COMPLETION PHOTOGRAPH

EXPANSION OF TRANSIT BUILDING PROJEC
Item 9.e
DEPARTMENT OF PUBLIC WORKS ATTACHMENT 2 (2 OF 2)

PROJECT COMPLETION PHOTOGRAPH

EXPANSION OF TRANSIT BUILDING PROJEC
Item 9.e
Agenda Item No. 9F
April 14, 2026
TO: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
FROM: Brian Oxley, Director of Public Works
(Staff contact: Jacob Smith, Construction Manager (707) 449-5429) SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE

ACCEPTING PUBLIC IMPROVEMENTS FOR THE VACAVILLE MUSEUM

RESTROOM RENOVATION PROJECT
ACTION FOR CONSIDERATION:

The construction work for the Vacaville Museum Restroom Renovation Project is complete and is now ready for consideration of acceptance by City Council.

RECOMMENDATION:

By simple motion, adopt the subject resolution.

BACKGROUND:

On December 3, 2023, the City of Vacaville and the Vacaville Museum Foundation executed an agreement to transfer the Harbison House located at 1681 East Monte Vista Avenue, behind the Nut Tree Plaza shopping mall, to the City of Vacaville.

As part of that transfer agreement, the City committed a not-to-exceed amount of $500,000 towards capital improvement projects for the Vacaville Museum located at 213 Buck Avenue.

One of the proposed capital projects included the renovation of the two downstairs restrooms.

On May 27, 2025, the City Council awarded the construction contract for the Vacaville Museum Restroom Renovation Project to 4 Edges Construction Inc. of Vacaville, California. The project consisted of the renovation of two downstairs restrooms to comply with current building code and American with Disabilities (ADA) regulations (Attachment 1 - Project Vicinity Maps).

DISCUSSION:

The Vacaville Museum Restroom Renovation Project was completed on March 11, 2026 (Attachment 2 – Project Completion Photos).

Item 9.f
The awarded construction contract amount was $149,500. Due to minor changes, the original contract amount was increased by $13,981.06 bringing the total contract amount to $163,481.06, or approximately 9.4% more than the original contract amount.

During the project budgeting process and consistent with industry standards, a 10% project contingency is set up to account for project cost adjustments associated with in-field changes, unanticipated complications, City requested changes, and quantity adjustments. The contingency funds for this project will cover the cost increase, no additional funding is required or requested.

ENVIRONMENTAL IMPACT:

The Community Development Department certified the Project exempt from the provisions of the California Environmental Quality Act in accordance with Section 15301 (a) (Interior Alterations) and a Notice of Exemption was filed in April 2025.

FISCAL IMPACT:

Amount Requested: There are no additional funds requested for this item.

Funding Sources: 2000 Tax Allocation Bond (TAB) Proceeds.

Budget Distribution: The budget for this project is included in the Capital Improvement Project account #810363, and sufficient funding exists in the project account.

ALTERNATIVES:

STRATEGIC GOAL/INITIATIVE:

Goal #4 – Maintain Effective and Efficient Services
LEVINE ACT: No
ATTACHMENTS:

Resolution – Action Item
Attachment 1: Project Vicinity Maps
Attachment 2: Project Completion Photos

Item 9.f
RESOLUTION NO. 2026-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE ACCEPTING PUBLIC

IMPROVEMENTS FOR THE VACAVILLE MUSEUM RESTROOM RENOVATION PROJECT WHEREAS, the City of Vacaville, after proceedings duly had entered into a written contract on the 11th of July, 2025, with 4 Edges Construction Inc., of, Vacaville, California as Contractor for the construction of the Vacaville Museum Restroom Renovation Project in the City of Vacaville; and
WHEREAS, the original contract amount for the project was $149,500; and WHEREAS, taking into account the two executed change orders, the total increase to the contract was $13,981.06. The final cost of the work was $163,481.06, approximately 9.4% more than the original contract amount; and
WHEREAS, there are adequate funds available to compensate for the additional project costs; and
WHEREAS, the Director of Public Works has certified that said improvements were completed in accordance with the terms and conditions in said contract.

I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a regular meeting of the City Council of the City of Vacaville, held on the 14th day of April 2026, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:
__________________________
Michelle A. Thornbrugh, City Clerk
Item 9.f

DEPARTMENT OF

PUBLIC WORKS

VACAVILLE MUSEUM RESTROOM RENOVATION PRO
ATTACHMENT 1 (1 OF 2)

PROJECT VICINITY MAP

PROJECT

LOCATION
Item 9.f

DEPARTMENT OF

PUBLIC WORKS

VACAVILLE MUSEUM RESTROOM RENOVATION PRO
ATTACHMENT 1 (2 OF 2)

PROJECT VICINITY MAP
Item 9.f

DEPARTMENT OF

PUBLIC WORKS

VACAVILLE MUSEUM RESTROOM RENOVATION PRO
ATTACHMENT 2 (1 OF 2)

PROJECT COMPLETION PHOTOGRAPH
Item 9.f

DEPARTMENT OF PUBLIC WORKS

VACAVILLE MUSEUM RESTROOM RENOVATION PRO
ATTACHMENT 2 (2 OF 2)

PROJECT COMPLETION PHOTOGRAPH
Item 9.f
Agenda Item No. 9G
April 14, 2026
TO: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
FROM: Brian Oxley, Director of Public Works
(Staff contact: Daniel Sutton, Engineering Manager (707) 449-5035) SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE TO

AWARD THE CONSTRUCTION CONTRACT FOR THE TULARE DRIVE

WATER LINE REPLACEMENT PROJECT TO THE APPARENT LOW BIDDER, KOIOS ENGINEERING, INC., A CALIFORNIA CORPORATION IN THE AMOUNT OF $553,140
ACTION FOR CONSIDERATION:

Award a construction contract for the Tulare Drive Water Line Replacement Project to the lowest responsive, responsible bidder, Koios Engineering, Inc. of San Francisco; authorize the Director of Public Works or his designee to execute the contract in the amount of $553,140.00; and approve the project plans, special provisions, and working details.

RECOMMENDATION:

By simple motion, adopt the subject resolution.

BACKGROUND:

The Tulare Drive Water Line Replacement Project was initiated October 15th, 2020, based on the 2019/2020 Capital Improvement Project (CIP) Budget for Water Utility System funds allocated by the Utilities Department.

The existing water main was constructed in the mid 1970’s with the Country Village subdivision.

Field Utilities staff have responded to multiple breaks in the water line, due to both the age of the pipe and the brittle nature of Asbestos Cement Pipe (ACP) material.

In addition to the aging water main, most residences along Tulare Drive have existing services meters that are over 10 years old, with some exceeding 20 years old. A typical service meters last about 15 to 20 years, meaning a significant portion of existing meters are at or past their expected service life.

DISCUSSION:

The Tulare Drive Water Line Replacement Project will replace an existing 8-inch ACP water line on Tulare Drive between Alamo Drive and California Drive (see Attachment 1 – Project Vicinity Map) with approximately 1,120 linear feet of new 8-inch Polyvinyl Chloride (PVC) / Ductile Iron Pipe (DIP) water line. The Project will also involve installation of new water services, connections to existing water mains, installation of valves, installation of fire hydrants, pavement restoration and replacement of existing pavement markings.

All work will be completed in accordance with the construction documents and City standards, ensuring minimal disruption to residents and improved utility services upon completion. These Item 9.g
infrastructure upgrades will reduce the number of issues the system currently experiences and save the City’s maintenance funds.

The project was advertised on February 15, 2026, and fifteen (15) bids were received by the submittal deadline of March 10, 2026.

BID NO. CONTRACTOR BUSINESS LOCATION BID AMOUNT
1 Koios Engineering, Inc. San Francisco, CA $ 553,140.00 2 A3 Pipeline San Francisco, CA $ 604,064.00
3* Terocons Inc. San Francisco, CA $ 672,850.00
4 Lister Construction Inc. Vacaville, CA $ 698,458.00
5* SubTerra Construction, Inc. San Francisco, CA $ 712,750.00 6* Bay Pacific Pipeline, Inc. Novato, CA $ 726,452.00
7* Devaney Engineering, Inc. San Francisco, CA $ 741,350.00 8* GSW Construction Inc. San Francisco, CA $ 765,879.00 9 Team Ghilotti, Inc. Petaluma, CA $ 830,000.00
10* Argonaut Constructors Santa Rosa, CA $ 861,376.00
11* DPI, Inc. Livermore, CA $ 879,010.00
12* Giles Paving and Excavating, Inc. Anderson, CA $ 926,109.00 13* W.R. Forde Associates, Inc. Richmond, CA $ 944,825.00 14* Michael Paul Company, Inc. Petaluma, CA $ 980,154.00 15* Aventus NV Boulder City, NV $ 1,258,127.00
* Contractors were deemed non-responsive.

The California Public Contract Code states that the public agency awarding the project shall do so to the bidder who submitted the lowest responsive, responsible bid package. The lowest responsive, responsible bidder is the one who submitted a bid that is:
1) The lowest cost to the City; and
2) The bidder meets specific requirements such as having a contractor’s license in the state of California and being registered with the California Department of Industrial Relations.

All bidders have been determined to be responsible, meeting the City’s requirement to have and maintain a State of California contractor’s license and be registered with the Department of Industrial Relations.

Based on the submitted bid packages, the apparent low bidder is Koios Engineering, Inc. of San Francisco, California with a total bid price of $553,140.00; the City’s engineering estimate for this project is $810,200.00. Sufficient funding is available to award the project. Therefore, staff recommends awarding the construction contract for the Tulare Drive Water Line Replacement Project to Koios Engineering, Inc. of San Francisco, California in the bid amount of $553,140.00.

The construction duration for this project is 65 working days and is anticipated to commence in May 2026 and be completed in August 2026.

Item 9.g
ENVIRONMENTAL IMPACT:

The Community Development Department certified the Tulare Drive Water Line Replacement Project exempt from the provisions of the California Environmental Quality Act in accordance with Section 15302(c). A Notice of Exemption was filed with Solano County on November 20, 2024.

FISCAL IMPACT:

Amount Requested: No additional funds are requested.

Funding Sources: Water Major Replacement (5103).

Budget Distribution: The budget for this project is included in the Capital Improvement Project accounts #860124, and sufficient funding exists in the project account.

ALTERNATIVES:

Council could take alternative action to award the bid including:
• Reject all the bids received and rebid the project; or, • Reject all bids and not build the project.

It should be noted, rejecting the bids to rebid the project would likely result in additional costs to rebid the project without guarantee that the cost would be lower; and, rejecting the bids and not constructing the project would not further the City’s strategic goals to protect Vacaville’s quality of life, and more importantly would not address the potential for continued maintenance and construction cost escalation.

STRATEGIC PLAN GOAL/INITIATIVE:

Goal #4 – Maintain Effective and Efficient Services
LEVINE ACT: No
ATTACHMENTS:

Attachment 1: Project Vicinity Maps
Item 9.g
RESOLUTION NO. 2026-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE

AWARDING A CONSTRUCTION CONTRACT FOR THE TULARE DRIVE WATER LINE

REPLACEMENT PROJECT TO THE APPARENT LOW BIDDER, KOIOS ENGINEERING, INC., A CALIFORNIA CORPORATION IN THE AMOUNT OF $553,140 WHEREAS, the Tulare Drive Water Line Replacement Project will replace an existing 8- inch water line on Tulare Drive between Alamo Drive and California Drive with approximately 1,120 linear feet of new 8-inch Polyvinyl Chloride (PVC) / Ductile Iron Pipe (DIP) water line; WHEREAS, the Tulare Drive Water Line Replacement project was advertised for competitive bids on February 15, 2026, and fifteen (15) bids were received by the submittal deadline of March 10, 2026;
WHEREAS, after bidding the project in accordance with applicable law, Koios Engineering, Inc. of San Francisco, California was the apparent low bidder with a base bid of $553,140.00, which is below the engineer's estimate of $810,200.00; WHEREAS, sufficient funding exists in Capital Improvement Project account No. 860124 to award the project for a total contract amount of $553,140.00; and WHEREAS, the Community Development Department certified the Tulare Drive Water Line Replacement Project exempt from the provisions of the California Environmental Quality Act in accordance with Section 15302(c). A Notice of Exemption was filed with Solano County on November 20, 2024.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Vacaville that the City Council does hereby award the construction contract for the Tulare Drive Water Line Replacement Project to Koios Engineering, Inc. of San Francisco, the apparent low bidder, and authorizes the Director of Public Works or his designee to execute said contract in the amount of $553,140.00, and approves the project plans, special provisions, and working details.

I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a regular meeting of the City Council of the City of Vacaville held on the 14th day of April 2026, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:
________________________________
Michelle A. Thornbrugh, City Clerk
Item 9.g

DEPARTMENT OF PUBLIC WORKS TULARE DRIVE WATER LINE REPLACEMENT PRO ATTACHMENT 1 (1 OF 2) PROJECT VICINITY MAP PROJECT LOCATION Item 9.g

DEPARTMENT OF PUBLIC WORKS TULARE DRIVE WATER LINE REPLACEMENT PRO ATTACHMENT 1 (2 OF 2) PROJECT VICINITY MAP Item 9.g
Agenda Item No. 9H
April 14, 2026
TO: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
FROM: Brian Oxley, Director of Public Works
(Staff contact: Chris Gioia, Public Works Engineering Manager (707) 449-5160) SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE APPROVING THE FINAL MAP FOR ROBERTS’ RANCH VILLAGE D-NORTH ACTION FOR CONSIDERATION:

Approve the final map associated with the Roberts’ Ranch Village D-North development.

RECOMMENDATION:

By simple motion, adopt the subject resolution.

BACKGROUND:

General Development Process
The process of developing and improving land involves several steps, all of which are regulated by the State of California Subdivision Map Act which provides the procedural steps and legal framework around land development to ensure consistency statewide. The City of Vacaville’s Municipal Code mirrors the Subdivision Map Act while providing further direction and specific details relative to the City of Vacaville.

The subdivision land development process starts when a land developer submits a Tentative Map when proposing a parcel for development. The purpose of a Tentative Map is to show the design and improvements being proposed by the developer for a subdivision. A developer may choose the map to be approved as a Vesting Tentative Map, which is utilized to establish the City standards to which the development will be held.

The developer will then submit a Final Map once the City approves the Tentative Map or Vesting Tentative Map. The purpose of the Final Map is to create legal lots for the subdivision and improvement plans that specify the infrastructure improvements (water and sewer, storm drainage, streets, sidewalks, etc.). Both the Final Map and infrastructure improvement plans are reviewed by City staff to ensure technical correctness and consistency with the Tentative Map or Vesting Tentative Map, conditions of approval, and City standards.

Once the Final Map has been reviewed and improvement plans have been approved by the City Engineer, the developer is required to construct the subdivision improvements or enter into a Subdivision Improvement Agreement (SIA) or Public Improvement Agreement (PIA) to ensure their construction to City standards and in accordance with the approved improvement plans.

Amongst contractual terms, the SIA or PIA details the infrastructure improvements to be constructed by the developer in accordance with the approved improvement plans.

As the last step in the Subdivision Map Act process, the Final Map is brought before the City Council for consideration of approval; with the City Council authorization, the Final Map is subsequently recorded with the County. On completion of recording by the County, and Item 9.h
construction and substantial completion of the public infrastructure improvements, building permits can be issued allowing the developer to begin constructing homes.

Roberts’ Ranch Development Project
The Roberts’ Ranch Development is located at the northeast corner of Leisure Town Road and Fry Road (Attachment 1). A Vesting Tentative Map (Attachment 2) and Development Agreement for the development were approved by City Council on March 28, 2017. City Council approved a large lot final map (Attachment 3) on February 27, 2018, that subdivided the development into twelve phases that will, in turn, be subdivided into residential lots.

Over the past six years, developers have constructed various Roberts’ Ranch infrastructure including the primary storm drain and sanitary sewer lines, Fry Road improvements, and in-tract improvements for Villages A, B, C, D-South, E, F, G and H. The developer of Village D-North, Crowne Communities Vacaville, LLC, a California limited liability corporation (Crowne Communities) has entered into an SIA and the Final Map has been reviewed by the City.

Therefore, the map is now ready for City Council consideration.

DISCUSSION:

Approximately eleven acres of the Roberts’ Ranch development will be subdivided into 39 single-family lots for the Roberts’ Ranch Village D-North subdivision, ranging in size from 5,200 – 10,182 square feet (Attachment 4). The recording of the Final Map will not trigger any additional improvements beyond typical in-tract subdivision improvements. Crowne Communities previously entered into a Subdivision Improvement Agreement on November 12, 2024, for Village D-North. The developer has paid the necessary fees, posted the required bonds, and has begun construction. Therefore, staff recommends City Council consider and approve the Roberts’ Ranch Village D-North Final Map.

ENVIRONMENTAL IMPACT:

The Environmental Impact Report for the subject development was certified by the City Council on March 28, 2017.

FISCAL IMPACT:

The technical review of the final map was conducted by Development Engineering staff and consultant services. The cost of staff time and consultant fees are covered by fees paid by the developer.

Amount Requested: There are no funds requested for this item.

Funding Source: Public Works - Development Engineering (2028) Budget Distribution: The budget for any expenses related to this item is included in the Public Works-Development Engineering annual operating budget.

ALTERNATIVES:

City Council previously approved the Vesting Tentative Map for this project in March 2017.

Once the Vesting Tentative Map is approved and the Developer complies with the conditions of approval, the City is obligated by provisions of the Subdivision Map Act to approve the Final Map.

Item 9.h
STRATEGIC PLAN GOAL/INITIATIVE:

Goal #3 – Protect Vacaville’s Quality of Life
Initiative 3A: Promote Housing for All
LEVINE ACT: Yes (Attachment 5)
ATTACHMENTS:

Resolution - Action Item
Attachment 1: Project Vicinity Map
Attachment 2: Roberts’ Ranch Vesting Tentative Map
Attachment 3: Roberts’ Ranch Large Lot Final Map
Attachment 4: Roberts’ Ranch Village D-North Final Map
Attachment 5: Levine Act Disclosure

Item 9.h
RESOLUTION NO. 2026-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE APPROVING THE FINAL MAP FOR ROBERTS’ RANCH VILLAGE D-NORTH
WHEREAS, Crowne Communities Vacaville, LLC, a California limited liability corporation (“Subdivider”), hereby submits to the City Council of the City of Vacaville a map of a proposed subdivision within the City limits called Roberts’ Ranch Village D-North; and WHEREAS, the Vesting Tentative Map has heretofore been approved by the City Council of the City of Vacaville; and
WHEREAS, Subdivider executed a Subdivision Improvement Agreement with the City of Vacaville, covering said subdivision, in which the Subdivider covenants to construct all public improvements shown upon said subdivision map, in accordance with applicable laws, ordinances and specifications, and to hold harmless the City of Vacaville from material and labor claims for such construction; and
WHEREAS, said Subdivider has delivered to the City Engineer of the City of Vacaville a corporate surety bond as security for the performance of the terms of said Agreement; and WHEREAS, said Subdivider has met the requirements of the Development Agreement and Conditions of Approval for the project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vacaville does hereby (i) approve said Final Map; (ii) accept all offers of dedication for public use for the easements and facilities shown on the Final Map; and (iii) approve the improvement plans and working details for the project.

I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a regular meeting of the City Council of the City of Vacaville, held on the 14th day of April 2026, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:
_________________________________
Michelle A. Thornbrugh, City Clerk
Item 9.h

ROBERTS' RANCH VILLAGE D - NORTH
ATTACHMENT 1 (1 OF 2)

PROJECT VICINITY MAP
ELMIRA

DEPARTMENT OF

PUBLIC WORKS

PROJECT

LOCATION
Item 9.h

ROBERTS' RANCH VILLAGE D - NORTH
ATTACHMENT 1 (2 OF 2)

PROJECT VICINITY MAP

DEPARTMENT OF PUBLIC WORKS

PROJECT

LOCATION
Item 9.h
J A B C D EFG H I KL 20.00'
OF 14
SHEET NO.:

PROJECT NO.:

ISSUE DATE: PROJECT NAME: SHEET TITLE: ÓPLAN STATUS TENTATIVE MAP FOR APPROVAL REVISION STATUS NO. DESCRIPTION INITIALS APP'D DATE STATE OF CALIFORNIAALLANF. HADDOX, IIREGISTERED PROFESSIONAL ENGINEE No. 57306 R

CIVIL ROBERTS' RANCH
20150100
11/21/2016
ROBERTS' RANCH SUBDIVISION VESTING TENTATIVE MAP 1"=200' SCALE: TENTATIVE MAP
T1
Item 9.h

PARCEL LINE TABLE PARCEL LINE TABLE PARCEL LINE TABLE
LINE # LENGTH BEARING LINE # LENGTH BEARING LINE # LENGTH BEARING L1 16.81 N1°
381
43"W L14 563.90 N88°
19'12"E L244 69.89 S45°
59'07"E
L2 57.22 S45"59'07"E L17 844.76 S88"21 '17"W L245 1292.73 N88° 21 '17"E
L3 175.16 N0"19'32"W L18 5.00 N0°
33'11 "W L246 315.64 N88"21 '17"E
L4 98.85 S1 °
24' 49"W L77 128.37 N0"19'32"W L247 275.32 S87"28' 46 "E L7 161.79 N8°
12'19"E L81 290.00 S34'53'01 "W L250 37.33 N34°
53'01 "E
L8 103.82 NOi9'32"W L82 20.35 N89°
54'29"W L252 99.01 S59i 8'16"E
L9 61.19 N11 °
38'08"W L242 98.85 S1 °
24' 49"W L253 64.43 so·o5• 31 "w
L13 50.00 S1 °
40' 48"E L243 136.02 S0°
19'32"E L286 265.31 S88"19'12"W

PARCEL LINE TABLE CURVE TABLE
LINE # LENGTH BEARING CURVE # LENGTH RADIUS DELTA
L324 1155.59 N88°
21'17"E C46 53.00 55.00 55"12'30"
L325 343.67 N88°
21 '17"E C47 39.27 25.00 90·00·00"
L326 37.33 N34°
53'01"E C91 33.40 55.00 34·47•30"
BASIS OF BEARINGS:

THE BEARINGS SHOWN HEREON ARE BASED UPON PUBLISHED
NORTH AMERICAN DA TUM OF 1983 (NAD83), ZONE 0402
CALIFORNIA SPCS ZONE 2 COORDINATES FOR THE FOUND CITY
OF VACAVILLE CONTROL STATIONS 80911, AND C21111, AS SHOWN

ON THE RECORD OF SURVEY FOR THE CITY OF VACAVILLE,
FILED IN BOOK 22 OF SURVEYS, AT PAGE 10, SOLANO COUNTY
RECORDS.

GRAPHIC SCALE
( IN FEET)
150 300
1 I
1 inch = 300 ft
LEGEND
REFERENCES:
[ 1] 2002-166364
[2] 1153 OR 120
[3] 1991-2224
[4] 1991-2225
[ 5] 2013-72088
[6] 2014-80899
[7] 2015-36006
[8] 27 RS 05
[9] 87 SD 38
[10] 4 CR 15
[11] 56 SD 14
[12] 65 SD 53
[13] 192 DEEDS 174
[14] 2018-15699
-----

LOT LINE

DISTINCTIVE BORDER

EASEMENT LINE

CENTERLINE
•
@
0 (R)
(T)
[M]
I@
P.U.E.

P.A.E.

P.P.E.

ADJOINING PROPERTY LINE
SET 5/ 8" REBAR (24" IN LENGTH)
WITH CAP LS 8410
FD. BRASS DISK IN WELL
f-OUND MONUMENT AS NOTED
RADIAL
TOTAL

MEASURED
FOUND GPS SURVEY MON 22 RS 10

PUBLIC UTILITY EASEMENT

PUBLIC ACCESS EASEMENT
(/I////)

PUBLIC PEDESTRIAN EASEMENT

RELINQUISHMENT OF ABUTTER'S

RIGHTS OF ACCESS
"
\
P.M.

F.M.

O.R.

SET STANDARD CITY MONUMENT
STAMPED LS 8410

PARCEL MAP

FINAL MAP

OFFICIAL RECORDS
FOUND

FINAL MAP
OF

ROBERTS' RANCH

BEING A SUBDIVISION OF A PORTION OF
PARCELS 1, 5, & 9 AS SHOWN ON THE GRANT DEED
RECORDED AS 200200166364

SOLANO COUNTY RECORDS

CITY OF VACAVILLE

SOLANO COUNTY, CALIFORNIA
MARCH, 2018
.HADDOX
CONSUL Tl.NG

ENGINEERS
SHEET 2 OF 11
Civil Engineering• Land Surveying• Planning
DRAWING NO. 20150100LLFM
92 S028
Item 9.h
W
E
S
BASIS OF BEARINGS:
1 inch = 100 ft
( IN FEET )

GRAPHIC SCALE
NOTES:

REFERENCES:

SHEET 5
SHEET 4

FINAL MAP
OF

ROBERTS' RANCH

VILLAGE D-NORTH

BEING A SUBDIVISION OF PARCEL A
AS SHOWN ON BOOK 98 MAPS, PAGE 77,

SOLANO COUNTY RECORDS

CITY OF VACAVILLE

SOLANO COUNTY, CALIFORNIA
NOVEMBER, 2025
LEGEND
Item 9.h
Item 9.h
Item 9.h
P`
Agenda Item No. 9I
April 14, 2026
TO: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
FROM: Bruce Mulder, Director of Parks and Recreation
(Staff contact: Melody Land, Recreation Manager (707) 449-5657) SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE

APPROVING THE DESIGN CONCEPT FOR ALEBRIJE SCULPTURE PUBLIC

ART AT TROWER PARK
ACTION FOR CONSIDERATION:

Approve the design concept for the Alebrije sculpture proposed for the Trower Park Improvement Project and approve acceptance into the City’s Public Art Collection.

RECOMMENDATION:

By simple motion, adopt the subject resolution.

BACKGROUND:

City Council approved $3.2 million for the Trower Park Improvements Project, with a theme of “Nature Meets Culture”. Three art elements are included in the project: mosaic tile on low walls throughout the park, a ground surface mural on the mist pad, and an Alebrije-style place-making sculpture near the play elements. Consistent with the City’s Art in Public Places Policy, these artworks were developed with a strong emphasis on community involvement.

In July 2025, the City issued a Request for Qualifications (RFQ) to identify artists for the Trower Park public art components. Following the RFQ process, the City entered into contracts with three artists: Angela Arteritano for the mist pad ground surface mural, Rachel Rodi for the mosaic tile art, and Tom Arie Donch for the Alebrije sculpture.

The mist pad and mosaic tile art pieces were approved by the Parks and Recreation Commission at their February 4, 2026 meeting; and subsequently approved by the City Council at their February 24, 2026 meeting.

The Alebrije Sculpture
Located near the play areas, the Alebrije sculpture is envisioned as a vibrant, welcoming landmark within Trower Park. Alebrijes are brightly colored, imaginative creatures rooted in Mexican folkart traditions. The selection of this art form reflects the cultural heritage of the surrounding neighborhood and supports the project’s “Nature Meets Culture” theme. The piece will serve as a visual anchor and gathering point, encouraging imagination, storytelling, and cultural appreciation.

A key component of this project is a partnership with Edwin Markham Elementary School, where artist Tom Arie Donch conducted an in-depth student engagement process. The engagement kicked off on February 27, 2026, with two school assemblies introducing the history and cultural significance of Alebrijes and the role of a professional sculptor. All Markham Elementary students Item 9.i
participated in creating original Alebrije concept drawings. Students explored patterns, symbolism, and storytelling. The school’s art teacher will continue the integration of art history and work with all students to create three-dimensional design concepts. Student artwork will be featured in a school exhibition, further highlighting youth creativity and reinforcing the educational value of the project.

Moreover, a voluntary application invited upper-grade students (grades 4-6) to submit their drawings with a written statement expressing their interest in participating more deeply in the project. From this process, a core group of 16 students, now known as the Markham Alebrije Sculpture Club (Club), were selected to work directly with the artist and his two budding artistsin-residence. This core group of students collaborated in developing concept models and refining design elements that will inform the final sculpture. Students are serving as ambassadors to their classrooms, sharing progress updates and helping build excitement and ownership throughout the school community.

A bonus to the project is a mural done by Jessica Bergler, an artist who lives in the Trower Park neighborhood. Bergler is assisting with the sculpture project and as a separate effort, will be painting a mural at Markham Elementary School that incorporates the nearby hillside that can be seen from campus and drawings created by the students of Alebrije creatures.

DISCUSSION:

At the March 18, 2026, Arts Advisory Committee (“Committee”) Meeting, Artist Tom Arie Donch presented a model of the proposed sculpture that was born from the collaboration with Markham Elementary students. Attachment 1 shows the sculpture with base colors and the color palette that will be used to incorporate more detailed designs into the sculpture.

In response to the presentation, Committee members requested more detail throughout the sculpture, suggested incorporating yellow in the wings, and recommended considering more slope. As this artwork continues through the design process, many factors are being considered.

The physical space, slope of the park, longevity of the sculpture, how potential paint materials hold up to UV rays, and how color fading will impact potential touch-up work in the future. All these details come into play when developing a cohesive sculptural form that works in the space identified for the sculpture.

On April 1, 2026, Tom Arie Donch presented the updated model and design concept to the Parks and Recreation Commission. He spoke about how the design was derived from student submissions and community feedback, and how the sculpture is designed to specifically meet the constraints of the location and be sustainable in an outdoor environment.

Students from the Markham Alebrije Club joined him, sharing drawings and readings from their applications and speaking about how meaningful it has been to participate in this project.

Commissioners were invited down from the dais to view the Alebrije models of all Club members.

Attachment 1 shows the sculpture with base colors, a detailed drawing of the etching and painting that will provide more detail to the piece, the installation location parameters (20’ long triangle with a 9’3” base), and the color palette that will be used on the sculpture.

Commissioners recommended the design and praised the student involvement in the project.

They asked questions about the community’s continued involvement, which will include an art day at Trower Park, where participants ages 12 and up will be able to help dig out earth to make room for the Alebrije to be placed at Trower Park. Additional opportunities will include a mosaic tile making and “paint-by-numbers” style workshop.

The community build event mentioned above is scheduled for May 2, 2026, and a subsequent unveiling celebration is anticipated, further reinforcing neighborhood ownership of the project.

Item 9.i
FISCAL IMPACT:

Amount Requested: No additional funds are being requested.

Funding Source: Measure M (1002)
Budget Distribution: The budget for the art components is included in the Trower Park Improvement Project (840163).

ENVIRONMENTAL IMPACT:

This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, pursuant to California Code of Regulations, Title 14, Section 15378.

STRATEGIC PLAN GOAL/INITIATIVE:

Goal #3 – Protect Vacaville’s Quality of Life
Goal #4 – Maintain Effective and Efficient Services
Goal #5 – Promote Community Engagement and Increased Equity and Inclusion LEVINE ACT: Yes
ATTACHMENTS:

Resolution – Action Item
Attachment 1: Draft Model and Design of the Alebrije Sculpture and Color Palette Attachment 2: Markham Elementary Alebrije Club - Student Work in Progress

Item 9.i
RESOLUTION NO. 2026-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE APPROVING THE

DESIGN CONCEPTS FOR THE ALEBRIJE SCULPTURE PUBLIC ART AT TROWER PARK WHEREAS, the City Council approved $3.2 million for the Trower Park Improvements Project, with a theme of “Nature Meets Culture” and three art elements are included in the project: mosaic tile on low walls throughout the park, a ground surface mural on the mist pad, and an Alebrije-style place-making sculpture near the play elements; and WHEREAS, in July 2025, the City issued a Request for Qualifications (RFQ) to identify artists for the Trower Park public art components and entered into contracts with Angela Arteritano for the mist pad ground surface mural, and Rachel Rodi for the mosaic tile art, and Tom Arie Donch for the Alebrije sculpture; and
WHEREAS, a key component of the Alebrije sculpture is a partnership with Edwin Markham Elementary School, where artist Tom Arie Donch conducted an in-depth student engagement process; and
WHEREAS, all Markham Elementary students participated in creating original Alebrije concept drawings and the artwork will be featured in a school exhibition, further highlighting youth creativity and reinforcing the educational value of the project; and WHEREAS, upper-grade students (grades 4-6) were invited to submit their drawings with a written statement expressing their interest in participating more deeply in the project.

From this process, a core group of 16 students, now known as the Markham Alebrije Sculpture Club, were selected to work directly with the artist; and WHEREAS, this core group of students collaborated in developing concept models and refining design elements that will inform the final sculpture; and WHEREAS, this core group of students is serving as ambassadors to their classrooms, sharing progress updates and helping build excitement and ownership throughout the school community; and
WHEREAS, on March 18, 2026, the Arts Advisory Committee received presentations from the artist; and
WHEREAS, comments from the public requested revisions to the Alebrije sculpture encouraging more detail and color changes; and
WHEREAS, the artist will consider comments received while taking into account the physical space, slope of the park, longevity of the sculpture, how potential paint materials hold up to UV rays and create an Alebrije sculpture that will embody the culture of Vacaville; and WHEREAS, the Arts Advisory Committee recommended that the Parks and Recreation Commission and the City Council approve the design concept with modifications to the Alebrije Sculpture; and
WHEREAS, on April 1, 2026, the original sculpture design was presented to the Parks and Recreation Commission; and
WHEREAS, Parks and Recreation Commission recommended that the City Council accept the Trower Park Alebrije Sculpture art piece into the City of Vacaville’s Public Art Collection.

Item 9.i
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Vacaville, County of Solano, State of California, that the City Council hereby approves the design concept for the Alebrije Sculpture proposed for the Trower Park Improvement Project and accepts the same into the City's Public Art Collection.

I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a regular meeting of the City Council of the City of Vacaville, held on the 14th day of April 2026, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:
_______________________________
Michelle A. Thornbrugh, City Clerk
Item 9.i
9I – Attachment 1: Draft Model and Design of the Alebrije Sculpture and Color Palette Initial Model
Second rendering with additional detail as requested from public comment.

Detail has been purposely placed on the lower portion of the sculpture to extend the longevity of the piece.

Areas left without detail are anticipated to be high touched surfaces.

Item 9.i
Green triangle depicts the area the artist will work within at Trower Park.

The color palette incorporates colors from the adjacent playgrounds.

Item 9.i
10A – Attachment 1: Draft Model of the Alebrije Sculpture and Color Palette Initial Model
Second rendering with additional detail as requested from public comment.

Detail has been purposely placed on the lower portion of the sculpture in an effort to extend the longevity of the piece. Areas left without detail are expected to be high touched surfaces.

Item 9.i
Green triangle depicts the area and shape the artist will have at Trower Park.

Color palette incorporates colors from the adjacent playgrounds.

Item 9.i
10A – Attachment 2: Markham Elementary Alebrije Club - Student Work in Progress Item 9.i
10A – Attachment 2: Markham Elementary Alebrije Club - Student Work in Progress Item 9.i

MINUTES OF THE JOINT REGULAR

MEETING OF THE CITY COUNCIL,

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY,

GROUNDWATER SUSTAINABILITY AUTHORITY,

AND PUBLIC FINANCING AUTHORITY

OF THE CITY OF VACAVILLE
March 24, 2026
*NOTICE: Pursuant to Government Code Section 54953, Subdivision (b), the following City Council meeting includes teleconference participation by the following City Councilmembers: Roy Stockton from 373 Frisbie Circle, Vacaville, CA 95688; and Councilmember Chapman from 27336 Sutherland Street, Southfield, MI 48076.

1. CLOSED SESSION - NONE

2. ROLL CALL FOR THE REGULAR MEETING
The Mayor called the regular meeting of the City Council to order at 6:00 p.m. in the Vacaville Council Chamber located at 650 Merchant Street.

Present:

John Carli, Mayor
Michael Silva, Vice Mayor, District 3
Roy Stockton, District 1*
Greg Ritchie, District 2
Sarah Chapman, District 4*
Ted Fremouw, District 5
and Jeanette Wylie, District 6.

Absent: None

3. MOMENT OF SILENCE followed by the PLEDGE OF ALLEGIANCE A moment of silence was observed, and Councilmember Ritchie led the Pledge of Allegiance.

4. REPORT OUT OF CLOSED SESSION-None

5. APPROVAL OF AGENDA
On a motion by Vice Mayor Silva, seconded by Councilmember Wylie, the Council unanimously approved the agenda of the regular meeting as written.

6. REPORTS OF CITY COUNCIL
A. UPDATE ON RECENT ATTENDED BOARDS, COMMISSIONS, AND COMMITTEE

MEETINGS
Vice Mayor Silva commented that Assembly Bill 1159 a bill by senator Cabaldon's office about how cities can respond to artificial intelligence (AI) and is currently moving through committee. He attended an event at the Solano Chabad featuring a holocaust survivor. Vice Mayor also congratulated Boy Scout Troop 897, Police Activities League (PAL) and community members that helped with another project along Markham Ave retaining wall.

Wylie attended the State of the Base which provided a comprehensive look at what they are doing all around the world and gave a special shout out to the dental department. She also went to a recent meeting for a new park in District 6. Councilmember Wylie attended a Solano Community Foundation Celebration and applauded their efforts to consolidate all the non-profits in the area. She encouraged local non-profits and donors to reach out to the Foundation if they haven't already. Lastly, she encouraged everyone to consider taking part in upcoming Parks and Recreation programming.

Agenda Item 9JItem 9.j
Councilmember Ritchie noted that he also attended the State of the Base and asked for prayers for our airmen that are around the world.

Mayor Carli delivered an education day proclamation at the Chabbad event this past weekend. He also noted that American Legion honored the Boys and Girls State members. The Mayor also attended the State of the Base and shared that it focused on mission ready, family resilience, and installation resilience. Lastly, he mentioned that the Wings over Solano Air Show will be held the last weekend of April.

7. REPORTS OF CITY MANAGER – None

8. PRESENTATIONS – None

9. CONSENT CALENDAR –
Action: By simple motion, approve the items on the Consent Calendar.

Motion: Greg Ritchie, District 2
Second: Ted Fremouw, District 5
Vote: Unanimously approved.

A. Approved Ordinance No. 2015; ORDINANCE AMENDING TITLE 14 OF THE CITY OF VACAVILLE MUNICIPAL CODE BY ADDING CHAPTER 14.09.271 ENTITLED BATTERY

ENERGY STORAGE SYSTEMS, TO CREATE NEW POLICIES, PROCEDURES, AND

STANDARDS FOR REGULATING BATTERY ENERGY STORAGE SYSTEMS IN THE CITY

OF VACAVILLE (SECOND READING)
B. Approved Ordinance No. 2016; OMNIBUS ORDINANCE TO REPEAL AND REPLACE

MULTIPLE VACAVILLE MUNICIPAL CODE CHAPTERS AND SECTIONS RELATED TO, AMONG OTHER THINGS, WATER AND WASTEWATER SERVICES, CROSSCONNECTION CONTROL, WATER CONSERVATION, AND CERTAIN DEVELOPMENT

STANDARDS FOR PUBLIC PROJECTS (SECOND READING)
C. Approved Resolution No. 2026 – 046; RESOLUTION APPROVING SUBMITTAL OF AN

APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND

COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIPS PROGRAM; AND IF SELECTED, THE EXECUTION OF A STANDARD

AGREEMENT, ANY AMENDMENTS THERETO, AND OF ANY RELATED DOCUMENTS

NECESSARY TO PARTICIPATE IN THE HOME INVESTMENT PARTNERSHIPS PROGRAM D. Approved Resolution No. 2026 – 047; RESOLUTION ADOPTING THE STATE OF

CALIFORNIA DEPARTMENT OF GENERAL SERVICES TELECOMMUNICATIONS

GROUND-FACILITY LEASE RATE GUIDELINES AS THE CITY OF VACAVILLE RATES FOR

CELLULAR SITE LEASE AGREEMENTS
E. Approved Resolution No. 2026 – 049; RESOLUTION AWARDING A CONSTRUCTION

CONTRACT FOR THE MIDWAY ROAD WATER LINE PROJECT TO THE APPARENT LOW BIDDER, KOIOS ENGINEERING, INC., IN THE AMOUNT OF $8,415,550 F. Approved Resolution No. 2026 – 050; RESOLUTION AWARDING THE CONSTRUCTION CONTRACT FOR THE 2026 SLURRY SEAL PROJECT TO THE APPARENT LOW BIDDER, PAVEMENT COATINGS CO., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $2,924,738.95
G. Approved Resolution No. 2026 – 051; RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS FOR THE 2025 ASPHALT CONCRETE REPAIR (FEDERAL PROJECT NO. RPSTPL 5094-069) PROJECT
Item 9.j
H. Approved Resolution No. 2026 – 052; RESOLUTION AWARDING THE CONSTRUCTION CONTRACT FOR THE WELL 18, 19, & 20 PROJECT TO THE APPARENT LOW BIDDER MOUNTAIN CASCADE, INC.; AND AUTHORIZING THE DIRECTOR OF UTILITIES TO EXECUTE SAID CONTRACT IN THE AMOUNT OF $10,196,235
I. Approved Resolution No. 2026 – 053; RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS FOR THE SOUTHTOWN - PHASE 3 EASTERN IMPROVEMENTS OF

MAGNOLIA PARK
J. Approved Resolution No. 2026 – 054; RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS FOR THE JEPSON PARKWAY PHASE 2 (FEDERAL PROJECT NO.

RPSTPL 5094-069) PROJECT
K. Approved Resolution No. 2026 – 055; RESOLUTION AWARDING A CONSTRUCTION CONTRACT FOR THE 2026 ASPHALT CONCRETE REPAIR PROJECT TO THE APPARENT LOW BIDDER, LISTER CONSTRUCTION INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $1,175,601.52
L. Approved; APPROVAL OF MINUTES - APPROVE THE MINUTES FOR THE MEETING OF MARCH 10, 2026
M. Approved; APPROVAL OF ACCOUNTS PAYABLE AND PAYROLL PAYMENT OF CLAIMS FOR THE WEEKS ENDING MARCH 6, 2026 AND MARCH 13, 2026
Goal #4 - Maintain Effective and Efficient Services

10. BUSINESS FROM THE FLOOR - Click here to listen to public comment on items within the Council's jurisdiction but not listed on the agenda. Topics include: proposed Islamic Center; sales tax measure; Solano Resource Conservation District year in review; need for pylons at Monte Vista and Allison Pkwy; AB 1043; and Brown's Valley Rd. widening.

11. PUBLIC HEARINGS –
A. ORDINANCE AMENDING TITLE 3 REVENUE AND FINANCE OF THE CITY OF VACAVILLE MUNICIPAL CODE BY UPDATING CHAPTER 3.16, TRANSIENT OCCUPANCY TAX TO

STRENGTHEN ENFORCEMENT AND MODERNIZE ADMINISTRATION (FIRST READING) Action: By title only, introduce the subject ordinance and waive first reading.

Motion: Greg Ritchie, District 2
Second: Jeanette Wylie, District 6
Vote: Unanimously approved.

B. RESOLUTION ESTABLISHING APPLICATION AND APPEALS FEES FOR SIDEWALK VENDING PERMITS, PURSUANT TO THE PROVISIONS OF CHAPTER 5.40 OF THE

VACAVILLE MUNICIPAL CODE
Action: Approve Resolution No. 2026-055
Motion: Ted Fremouw, District 5
Second: Michael Silva, Vice Mayor, District 3
Vote: Unanimously approved.

Item 9.j

12. BUSINESS –
A. CONSIDERATION AND SELECTION OF PLANNING AND PARKS AND RECREATION

COMMISSIONERS
Action: Council ratify the Mayor's appointment of four Planning Commissioners and five Parks and RecreationCommissioners from the applicant pool.

Parks and Recreation Commission Planning Commission
Blair Aas Doug Beaumont
Jaydon Clark Bob Hampton
Mark Frazier David LeRoy
Kenya Serena John Wilkerson
Ryan Wold
Motion: Michael Silva, Vice Mayor, District 3
Second: Greg Ritchie, District 2
Vote: Unanimously approved.

B. ENTERTAINMENT ZONE STUDY SESSION
Council received the presentation and directed staff to move forward developing an ordinance and management plan for the pilot entertainment zone program that would be evaluated during the 2026 CreekWalk Concert Series.
.

C. RESOLUTION AUTHORIZING THE RESTORATION OF SIX DELAYED FIREFIGHTER POSITIONS TO BE ADDED TO THE APRIL 2026 FIRE ACADEMY AS FIREFIGHTER/PARAMEDICS; AND AUTHORIZING A BUDGET AUGMENTATION IN THE AMOUNT OF $51,850 TO THE 2025-26 FISCAL YEAR OPERATING BUDGET Action: Approve Resolution No 2026-056.

Motion: Ted Fremouw, District 5
Second: Greg Ritchie, District 2
Vote: Unanimously approved.

13. CLOSED SESSION - NONE

14. ADJOURNMENT -
Item 9.j

1. Roll Call
The Mayor called the Special Meeting of the City Council to order at 6:00 pm in the Vacaville Council Chamber located at 650 Merchant St.

Present:

John Carli, Mayor
Michael Silva, Vice Mayor, District 3
Roy Stockton, District 1
Greg Ritchie, District 2
Sarah Chapman, District 4
Ted Fremouw, District 5
Jeanette Wylie, District 6

Absent: None

2. Moment of Silence followed by the Pledge of Allegiance A moment of silence was observed, and Councilmember Fremouw led the Pledge of Allegiance.

3. Business

3.a Housing 101 Series #2 - How Affordable Housing is Developed and Financed and Housing 101 Series #3 - Why Housing is an Economic Investment Council received presentation on The Spectrum of Housing Series. This included a recap of the first item in this series: Understanding the Types, Needs, and Legal Foundations for Housing. Staff expanded on this by presenting on How Affordable Housing is Developed and Financed as well as Housing as an Economic Investment.

4. Adjournment
There being no further business, the regular meeting was adjourned at 8:33 p.m.

Minutes of the Special Meeting
of the Vacaville City Council
Tuesday, April 07, 2026
6:00 PM
Agenda Item 9J Item 9.j
Agenda Item No. 9K
April 14, 2026
TO: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
FROM: Ken Matsumiya, Finance Director
(Staff contact: Ken Matsumiya, Director of Finance (707) 449-5180) SUBJECT: APPROVAL OF ACCOUNTS PAYABLE AND PAYROLL PAYMENT OF CLAIMS FOR THE WEEKS ENDING MARCH 20, 2026; MARCH 27, 2026; AND APRIL 3, 2026; AND WIRE AND ACH DISBURSEMENTS FOR THE MONTH OF MARCH 2026
ACTION FOR CONSIDERATION:

Approval of payments drawn in accordance with the City’s approved budget.

RECOMMENDATION:

By simple motion, approve the Payment of Claims.

BACKGROUND:

The City’s Finance Department is responsible for ensuring the financial obligations of the City are met in a timely and efficient manner. Accounts Payable processes payments to external vendors on a weekly basis and employee payroll is processed biweekly while any payments requiring remittance by wire transfer are paid on an as-needed basis throughout the month.

Pursuant to California Government Code Section 37208, payments drawn in accordance with the City’s approved budget need not be ratified by the legislative body prior to payment. The payment of claims registers shall be presented to the legislative body for ratification and approval at the first meeting after delivery of the checks. The Finance Director has submitted the register(s) showing the payment of claims for the timeframe above for approval by the City Council.

ENVIRONMENTAL IMPACT:

This action is exempt from the California Environmental Quality Act (CEQA).

FISCAL IMPACT:

The claims paid for the period total $20,361,924.64
Amount Requested: Not applicable
Funding Source: Not applicable
Budget Distribution: Not applicable
Item 9.k
ALTERNATIVES:

No alternative recommendation.

STRATEGIC PLAN GOAL/INITIATIVE:

Goal #4 – Maintain Effective and Efficient Services
ATTACHMENT:

Attachment 1: Affidavit of Finance Director
Item 9.k
Affidavit of Finance Director Attachment 1
Accounts Payable Check Register(s) for Week Ending: Register Total(s) March 20, 2026 $ 2,301,808.02
March 27, 2026 $ 2,809,901.65
April 3, 2025 $ 4,164,569.76
Payroll Check Register(s) for Week Ending: Register Total(s) March 20, 2026 $ -
March 27, 2026 $ 2,319,124.52
April 3, 2025 $ 1,633.85
Wire and ACH Transfers Monthly Total
Month of March 2026 $ 8,764,886.84
Grand Total $ 20,361,924.64
_______________________________________________________________________________ Ken Matsumiya, Finance Director
Item 9.k
Agenda Item No. 11A
April 14, 2026
TO: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
FROM: Ken Matsumiya, Finance Director
(Staff Contact: Ken Matsumiya, Director of Finance (707) 449-5180) SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE

SUBMITTING ANNEXATION OF TERRITORY AND LEVY OF SPECIAL

TAXES TO QUALIFIED ELECTORS, CITY OF VACAVILLE COMMUNITY FACILITIES DISTRICT NO. 11 (SOUTHTOWN POLICE AND FIRE SERVICES) ANNEXATION NO. 8 (VANDENGATE); AND

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE

DECLARING RESULTS OF SPECIAL ANNEXATION ELECTION,

DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING

RECORDING OF AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN, CITY OF VACAVILLE COMMUNITY FACILITIES DISTRICT NO. 11 (SOUTHTOWN POLICE AND FIRE SERVICES) ANNEXATION NO. 8 (VANDENGATE); AND

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VACAVILLE

LEVYING SPECIAL TAX WITHIN THE CITY OF VACAVILLE COMMUNITY FACILITIES DISTRICT NO. 11 (SOUTHTOWN POLICE AND FIRE SERVICES),

INCLUDING CERTAIN ANNEXATION TERRITORY, CITY OF VACAVILLE COMMUNITY FACILITIES DISTRICT NO. 11 (SOUTHTOWN POLICE AND FIRE SERVICES) ANNEXATION NO. 8 (VANDENGATE) (First Reading) ACTION FOR CONSIDERATION:

The City Council is being asked to consider the second and third legislative actions for the eighth annexation of territory into the existing Community Facilities District No. 11. The territory comprises a portion of a larger 72-unit single-family detached home development known as “Vandengate,” which is being developed by Discovery Builders, Inc. (Developer). Annexation into Community Facilities District No. 11 is a condition for development of Vandengate.

RECOMMENDATION:

Hold the Public Hearing for the Annexation of property into Community Facilities District No. 11.

If no majority protest is received at the public hearing, instruct City Clerk to open ballot for the special tax election and announce results. If the ballot is voted in favor of the annexation: adopt by simple motion the Resolution Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors; adopt by simple motion the Resolution Declaring Results of Special Annexation Election; and by title only, introduce the Ordinance Levying Special Tax within Community Facilities District No. 11, including the annexation territory.

BACKGROUND:

The portion of the Vandengate development proposed to be annexed into Community Facilities District No. 11 contains approximately 6.31 acres and is designated for development with 42 Item 11.a
single-family detached homes. The property is generally located east of Vanden Road and south of Joyce Drive. The map of the territory proposed to be annexed is included as Attachment 1.

Consistent with the General Plan Policy to pay for impacted services, an obligation to join a Community Facilities District was a condition of approval for the Vandengate development. In this case, the condition requires that the property annex into Community Facilities District No. 11.

The purpose of Community Facilities District No. 11 is to provide a funding mechanism to pay the cost of providing police and fire services to the property within Community Facilities District No. 11. The maximum special tax rate for FY 2025-26 is $2,577.43, which is the most the City is authorized to charge per single-family detached property. The maximum special tax rate is adjusted annually based on the change in the San Francisco-Oakland-Hayward Consumer Price Index. The City is currently charging an actual special tax rate of $2,152.48; this lower amount was used to calucate the anticipated fiscal impact since it is what would actually be collected.

The annexation process consists of four legislative actions along with the necessary follow up proceedings, such as recordation and publication notices. In summary, the four actions are:
1) Resolution of Intention. The Council adopted this action as Resolution No. 2026- 031 on February 24, 2026. This resolution described the territory to be annexed into Community Facilities District No. 11 and approved the annexation map for the territory; described the police and fire protection services to be provided by Community Facilities District No. 11; described the special taxes and the rate and method of apportionment of special tax for Community Facilities District No. 11; and set the a time and place for a public hearing regarding the proposed annexation for tonight’s meeting.
2) Resolution Submitting Annexation of Territory and Levy of Tax to Qualified Electors. At the conclusion of the public hearing, the Council will consider this resolution, which submits to the landowner voters the questions of annexing the territory to Community Facilities District No. 11 and levying the special taxes within the territory. Because the property owner has waived the time frame for holding the election, the election will be held and the ballots will be opened immediately following adoption of this resolution.
3) Resolution Declaring Results of Special Annexation Election. This resolution formally declares the results of the landowner election, confirms the annexation of the territory into Community Facilities District No. 11, and directs the recordation of an amendment to the notice of special tax lien for Community Facilities District No. 11.
4) Ordinance Levying Special Taxes. This ordinance orders the levy of special taxes to pay for authorized services within the territory and provides for the special taxes to be collected on the County property tax rolls. The ordinance will be introduced as the last item after the public hearing, and the second reading and adoption will occur at the next available Council meeting.

DISCUSSION:

Tonight’s subject resolutions and ordinance address legislative actions 2), 3) and 4) above for Annexation 6 into the City’s Community Facilities District No. 12, which may be considered Item 11.a
following the public hearing and if the results of the special tax election are in favor of the annexation.

ENVIRONMENTAL IMPACT:

This action is exempt from the California Environmental Quality Act (CEQA).

FISCAL IMPACT:

Based on FY 2025-26 actual rates, the subject development, at build-out, would generate approximately $90,404 per year to the general fund to provide police and fire services to the property within Community Facilities District No. 11.

Amount Requested: Not applicable
Funding Source: Not applicable
Budget Distribution: Not applicable
ALTERNATIVES:

No alternative recommendation.

STRATEGIC PLAN GOAL/INITIATIVE:

Goal #2 – Strengthen the Local Economy
Initiative 2B – Manage Impacts from Growth
Goal #4 – Maintain Effective and Efficient Services
LEVINE ACT: No
ATTACHMENTS:

Resolutions – Action Items
Ordinance – Action Item
Attachment 1: Annexation Map (CFD No.11 Annexation No. 8) Attachment 2: Rate and Method of Apportionment for CFD No. 11 Attachment 3: Amendment to Notice of Special Tax Lien
Item 11.a
-1-
RESOLUTION NO. 2026-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE SUBMITTING

ANNEXATION OF TERRITORY AND LEVY OF SPECIAL TAXES TO QUALIFIED

ELECTORS

CITY OF VACAVILLE
Community Facilities District No. 11
(Southtown Police and Fire Services)
Annexation No. 8
(Vandengate)
WHEREAS, this City Council (the “Council”) of the City of Vacaville (the “City”) has previously conducted proceedings to establish the City of Vacaville Community Facilities District No. 11 (Southtown Police and Fire Services) (the “CFD”) under the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code; and WHEREAS, on February 24, 2026, this City Council, acting as legislative body of the CFD, adopted Resolution No. 2026-031 entitled “Resolution of the City Council of the City of Vacaville Declaring its Intention to Annex Territory to a Community Facilities District and Authorize the Levy of Special Taxes Therein” (the “Resolution of Intention to Annex”) stating its intention to annex certain territory (the “Annexation Territory”), to the CFD pursuant to the Act; and WHEREAS, a copy of the Resolution of Intention to Annex, incorporating a description of the proposed boundaries of the Annexation Territory, the types of public services to be funded by the CFD (the “Services”), and the rate and method of apportionment (the “Rate and Method”) of the special tax (the “Special Taxes”) to be levied within the Annexation Territory to pay for the Services, is on file with the City Clerk, and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and
WHEREAS, the existing Rate and Method governing the levy of Special Taxes on the parcels of real property within the existing territory of the CFD, as described in an exhibit to Resolution No. 2006-10, entitled “A Resolution of Formation of Community Facilities District,” adopted by the Council on January 24, 2006 (the “Resolution of Formation”), will not be altered in connection with the proposed annexation; and
WHEREAS, on the date hereof, this Council held a noticed public hearing as required by the Act and the Resolution of Intention to Annex relative to the proposed annexation of the Annexation Territory to the CFD and the levy of Special Taxes within the Annexation Territory in accordance with the Rate and Method; and
WHEREAS, at such hearing, all interested persons desiring to be heard on all matters pertaining to the annexation of the Annexation Territory to the CFD and the levy of the Special Taxes within the Annexation Territory in accordance with the Rate and Method were heard, and a full and fair hearing was held; and
WHEREAS, prior to the time fixed for the hearing, written protests had not been filed against the proposed annexation of the Annexation Territory to the CFD by (i) 50% of more of the registered voters, or six registered voters, whichever is more, residing in the existing CFD, or (ii) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the Item 11.a
-2-
Annexation Territory, or (iii) owners of one-half or more of the area of land in the existing CFD, or (iv) owners of one-half or more of the area of land in the Annexation Territory; and WHEREAS, the map of the Annexation Territory, entitled “Annexation Map No. 8 (Vandengate) of City of Vacaville Community Facilities District No. 11 (Southtown Police and Fire Services)” has been filed with the City Clerk and recorded in the Solano County Recorder’s Office on March 5, 2026, in Book 27 at Page 16 of Maps of Assessment and Community Facilities Districts, and as Document No. 2026 00010204.

NOW, THEREFORE, IT IS HEREBY RESOLVED, as follows:

1. Prior Proceedings. All prior proceedings taken by this Council with respect to the CFD and proposed annexation of the Annexation Territory to the CFD have been duly considered and are hereby determined to be valid and in conformity with the Act, and the CFD has been validly established pursuant to the Act.

2. Resolution of Formation. The provisions of the Resolution of Formation are by this reference incorporated herein, as if fully set forth herein.

3. Voter Approval. Pursuant to the Act, the propositions of the annexation of the Annexation Territory to the CFD and the levy of the Special Taxes within the Annexation Territory in accordance with the Rate and Method shall be submitted to the voters of the Annexation Territory at an election called therefor as hereinafter provided.

4. Electors Determined. This Council hereby finds that fewer than 12 persons have been registered to vote within the Annexation Territory for each of the 90 days preceding the close of the hearing heretofore conducted and concluded by this Council for the purposes of these annexation proceedings. Accordingly, and pursuant to the Act, this Council finds that for purposes of these proceedings the qualified electors are the landowners within the Annexation Territory and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in the Annexation Territory.

5. Applicable Laws. Pursuant to the Act, the election shall be conducted by messengered or mailed ballots under Section 4000 of the California Elections Code, provided, however, that for purposes of setting the date for the election, Sections 53326 and 53327 of the Act shall govern.

6. Special Election Called. On Tuesday, April 14, 2026, in the City Hall Council Chambers, 650 Merchant Street, Vacaville, California, a special election is hereby called to consider the measures described in the ballot referred to below. This Council hereby further finds that the provision of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement and the date for the election herein specified is established accordingly. The special election shall be held during the City Council meeting starting at 6:00 P.M. on April 14, 2026

7. Accountability. Under Section 50075.1 of the Government Code, the following accountability provisions shall apply to the special taxes: (a) the provision of the Services, and the incidental costs thereof, shall constitute the specific single purpose; (b) the proceeds shall be applied only to the specific purposes identified in (a) above; (c) there shall be created special account(s) or funds(s) into which the proceeds shall be deposited; and (d) there shall be caused to be prepared an annual audit and report of the CFD.

Item 11.a
-3-

8. Election Official. The City Clerk is hereby appointed as the election official to conduct the election and shall cause to be provided to each landowner in the Annexation Territory a ballot substantially in the form of Exhibit A hereto (the “Ballot”), which is hereby approved.

9. Effective. This resolution shall take effect upon its adoption.

I HEREBY CERTIFY that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of Vacaville at a meeting held on the 14th day of April, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:
____________
Michelle A. Thornbrugh, City Clerk
Item 11.a
A-1

EXHIBIT A

CITY OF VACAVILLE
Community Facilities District No. 11
(Southtown Police and Fire Services)
Annexation No. 8
(Vandengate)

OFFICIAL BALLOT

SPECIAL TAX ANNEXATION ELECTION
This ballot is for a special, landowner election to be held during the City Council meeting starting at 6:00 P.M. on April 14, 2026, in the City Hall Council Chambers, 650 Merchant Street, Vacaville, California. To facilitate the election, you are requested to return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Vacaville no later than Monday, April 13, 2026, either by mail or in person. The City Clerk’s office is located at 650 Merchant Street, Vacaville, California 95688.

To vote, mark a cross (X) on the voting line after the word “YES” or after the word “NO”.

All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Vacaville and obtain another.

NO:

BALLOT MEASURE NO. 2: Shall the measure of the City of Vacaville, by and for its Community Facilities District No. 11 (Southtown Police and Fire Services) (the “CFD”), authorizing the levy of special taxes within the territory proposed for annexation to the CFD according to the rate and method of apportionment for the CFD specified in the resolution entitled “Resolution of the City Council of the City of Vacaville Declaring its Intention to Annex Territory to a Community Facilities District” (the “Resolution of Intention”) adopted by the City Council of the City of Vacaville on February 24, 2026, be adopted, with such levy of special taxes commencing in the City’s fiscal year 2026-27, to pay for the public services specified in the Resolution of Intention and to pay the costs of the City in administering the Item 11.a
A-2
CFD, with the estimated amount of money to be raised annually in the CFD expected to be $90,404 in fiscal year 2025-26 dollars, which will increase annually based on escalators set forth in the approved rate and method for the CFD?
YES:

NO:

By execution in the space provided below, you also confirm your receipt and approval of the rate and method of apportionment for the CFD and annexation map for the CFD, and of your written waiver of (i) the time limit pertaining to the conduct of the election, (ii) any requirement for analysis and arguments with respect to the ballot measure, and (iii) any irregularity in the proceedings that maybe claimed as a result of the application of such waivers.

Number of Votes: 7
Property Owner:

Vanden Cove, LLC, a California limited
liability company
___________________________________
Name: _______________
Title: _______________
Item 11.a
1 RESOLUTION NO. 2026-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE DECLARING

RESULTS OF SPECIAL ANNEXATION ELECTION, DETERMINING VALIDITY OF PRIOR

PROCEEDINGS, AND DIRECTING RECORDING OF AN AMENDMENT TO NOTICE OF

SPECIAL TAX LIEN

CITY OF VACAVILLE
Community Facilities District No. 11
(Southtown Police and Fire Services)
Annexation No. 8
(Vandengate)
WHEREAS, this City Council (the “City Council”) of the City of Vacaville (the “City”) has conducted proceedings to establish the City of Vacaville Community Facilities District No. 11 (Southtown Police and Fire Services) (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code; and WHEREAS, on February 24, 2026, this City Council, acting as legislative body of the CFD, adopted Resolution No. 2026-31 entitled “Resolution of the City Council of the City of Vacaville Declaring its Intention to Annex Territory to a Community Facilities District” (the “Resolution of Intention to Annex”) stating its intention to annex certain territory (the “Annexation Territory”), to the CFD pursuant to the Act; and
WHEREAS, a copy of the Resolution of Intention to Annex, incorporating a description of the proposed boundaries of the Annexation Territory, the types of public services to be funded by the CFD (the “Services”), and the rate and method of apportionment (the “Rate and Method”) of the special tax (the “Special Taxes”) to be levied within the Annexation Territory to pay for the Services, is on file with the City Clerk, and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and
WHEREAS, the existing Rate and Method governing the levy of Special Taxes on the parcels of real property within the existing territory of the CFD, as described in an exhibit to Resolution No. 2006-10, entitled “A Resolution of Formation of Community Facilities District,” adopted by the City Council on January 24, 2006 (the “Resolution of Formation”), will not be altered in connection with the proposed annexation; and WHEREAS, under the resolution of the City Council entitled “Resolution of the City Council of the City of Vacaville Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors” (the “Election Resolution”) adopted by the City Council on this date, which is hereby incorporated herein by this reference, the special election has been held and the City Clerk has filed a Canvass and Statement of Result of Election (the “Canvass”), a copy of which is attached hereto as Exhibit A; and
WHEREAS, this City Council has reviewed the Canvass and hereby approves it.

NOW, THEREFORE, IT IS HEREBY ORDERED as follows:

Item 11.a

1. Issues Presented. The issues presented at the special election were (i) the annexation of the Annexation Territory to the CFD and (ii) the levy of the Special Taxes within the Annexation Territory to pay for authorized services pursuant to the Rate and Method.

2. Measure Approved. Pursuant to the Canvass, the issues presented at the special election were approved by the landowners of the Annexation Territory by more than two-thirds of the votes received at the special election.

3. Annexation Completed. Pursuant to the voter approval, the Annexation Territory is hereby declared to be fully annexed to and part of the CFD.

4. Authority to Levy Special Taxes. Pursuant to the voter approval, this City Council may levy the Special Taxes in the Annexation Territory in accordance with the Rate and Method.

5. Prior Proceedings. It is hereby found that all prior proceedings and actions taken by this City Council regarding the CFD and the annexation of the Annexation Territory thereto were valid and in conformity with the Act.

6. Amendment to Notice of Special Tax Lien. Within 15 days of the date of this Resolution, the City Clerk shall execute and cause to be recorded in the office of the County Recorder of the County of Solano an amendment to the Notice of Special Tax Lien previously recorded for the CFD, which will include the Annexation Territory, as required by Section 3117.5 of the California Streets and Highways Code.

7. Effective. This resolution shall take effect upon its adoption.

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
________________
Michelle A. Thornbrugh, City Clerk
Item 11.a
A-1

EXHIBIT A

CITY OF VACAVILLE
Community Facilities District No. 11
(Southtown Police and Fire Services)
Annexation No. 8
(Vandengate)

CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on this date, I canvassed the returns of the special tax annexation election held on this date in the territory proposed for annexation to the City of Vacaville Community Facilities District No. 11 (Southtown Police and Fire Services), and the total number of ballots cast in the territory proposed to be annexed and the total number of votes cast for and against the measures are as follows and the totals as shown for and against the measures are full, true and correct:

BALLOT MEASURE NO. 1: Shall the measure of the City of Vacaville, by and for its Community Facilities District No. 11 (Southtown Police and Fire Services) (the “CFD”), authorizing the annexation of territory to the CFD, be adopted, as such territory is described in “Resolution of the City Council of the City of Vacaville Submitting Annexation of Territory and Levy of Special Taxes to Qualified Electors” adopted by the City Council of the City of Vacaville on April 14, 2026? Qualified Landowner Votes Votes Cast YES NO
7 7
BALLOT MEASURE NO. 2: Shall the measure of the City of Vacaville, by and for its Community Facilities District No. 11 (Southtown Police and Fire Services) (the “CFD”), authorizing the levy special taxes within the territory proposed for annexation to the CFD according to the rate and method of apportionment for the CFD specified in the resolution entitled “Resolution of the City Council of the City of Vacaville Declaring its Intention to Annex Territory to a Community Facilities District” (the “Resolution of Intention”) adopted by the City Council of the City of Vacaville on February 24, 2026, be adopted, with such levy of special taxes commencing in the City’s fiscal year 2026-27, to pay for the public services specified in the Resolution of Intention and to pay the costs of the City in administering the CFD, with the estimated amount of money to be raised annually in the CFD expected to be $90,404 in fiscal year 2025-26 dollars, which will increase annually based on escalators set forth in the approved rate and method for the CFD?
Qualified Landowner Votes Votes Cast YES NO
7 7
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 14th day of April, 2026.

CITY OF VACAVILLE:

By:

Michelle A. Thornbrugh, City Clerk
Item 11.a
ORDINANCE NO. 2026-

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VACAVILLE

LEVYING SPECIAL TAX WITHIN THE CITY OF VACAVILLE COMMUNITY FACILITIES DISTRICT NO. 11 (SOUTHTOWN POLICE AND FIRE SERVICES),

INCLUDING CERTAIN ANNEXATION TERRITORY

CITY OF VACAVILLE
Community Facilities District No. 11
(Southtown Police and Fire Services)
Annexation No. 8
(Vandengate)
WHEREAS, the City of Vacaville (the “City”) has conducted proceedings pursuant to the Mello-Roos Community Facilities Act, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) to establish “City of Vacaville Community Facilities District No. 11 (Southtown Police and Fire Services)” (the “CFD”) for the purpose of funding certain municipal services (the “Services) as provided in the Act; and WHEREAS, on February 24, 2026, this City Council, acting as legislative body of the CFD, adopted Resolution No. 2026-31 entitled “Resolution of the City Council of the City of Vacaville Declaring its Intention to Annex Territory to a Community Facilities District” (the “Resolution of Intention to Annex”) stating its intention to annex certain territory (the “Annexation Territory”), to the CFD pursuant to the Act; and
WHEREAS, a copy of the Resolution of Intention to Annex, incorporating a description of the proposed boundaries of the Annexation Territory, the types of public services to be funded by the CFD (the “Services”), and the rate and method of apportionment (the “Rate and Method”) of the special tax (the “Special Taxes”) to be levied within the Annexation Territory to pay for the Services is on file with the City Clerk, and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and
WHEREAS, the existing Rate and Method among the parcels of real property within the existing territory of the CFD, as described in an exhibit to Resolution No. 2006-10, entitled “A Resolution of Formation of Community Facilities District,” adopted by the Council on January 24, 2006 (the “Resolution of Formation”), will not be altered in connection with the proposed annexation; and
WHEREAS, following an election of the qualified electors in the territory proposed for annexation (the “Annexation Territory”), the City Council, on April 14, 2026, adopted its resolution entitled “Resolution of the City Council of the City of Vacaville Declaring Results of Special Annexation Election, Determining Validity of Prior Proceedings, and Directing Recording of an Amended and Restated Notice of Special Tax Lien”; and
WHEREAS, the Special Tax has previously been levied in the original territory of the CFD pursuant to Ordinance No. 1757, passed and adopted by the City Council on February 14, 2006, and as subsequently amended (“Ordinance No. 1757”); and WHEREAS, this Ordinance supplements Ordinance No. 1757 in order to levy the Special Taxes on the Annexation Territory pursuant to the Rate and Method.

Item 11.a

THE CITY COUNCIL OF THE CITY OF VACAVILLE DOES ORDAIN as follows:

SECTION ONE: By the passage of this Ordinance, pursuant to the Act, the City Council hereby authorizes and levies the Special Tax on the Annexation Territory within the CFD in accordance with the Rate and Method, which by this reference incorporated is incorporated herein, commencing in fiscal year 2026-27 and in each fiscal year thereafter to pay for the Services for the CFD and all costs of administering the CFD. The Special Tax levied on the Annexation Territory pursuant to this Ordinance shall be combined with the Special Tax levied on the remaining property in the CFD to pay for the Services. The City Council hereby ratifies the levy of special taxes within the CFD pursuant to Ordinance No. 1757 and the Act.

SECTION TWO: The City Manager or designee, or an employee or consultant of the City, is hereby authorized and directed each fiscal year to determine the specific Special Tax to be levied for the next ensuing fiscal year for each parcel of real property within the CFD, including the Annexation Territory, in the manner and as provided in the Rate and Method.

SECTION THREE: Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Formation, the Rate and Method and the applicable provisions of the Act. In no event shall the Special Tax be levied on any parcel within the CFD in excess of the maximum Special Tax specified in the Rate and Method.

SECTION FOUR: All of the collections of the Special Tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of costs of the Services, the payment of the costs of the City in administering the CFD, and the costs of collecting and administering the Special Tax.

SECTION FIVE: The Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the City Council may provide for other appropriate methods of collection by resolution(s) of the City Council. The City Manager of the City (or the City Manager’s designee) is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Solano in order to effect proper billing and collection of the Special Tax, so that the Special Tax for the Annexation Territory shall be included on the secured property tax roll of the County of Solano for fiscal year 2026-27 and for each fiscal year thereafter, as set forth in Section One above, for the period set forth in the Rate and Method.

SECTION SIX: If for any reason any portion of this Ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the CFD, including the Annexation Territory, by a court of competent jurisdiction, the balance of this Ordinance and the application of the Special Tax to the remaining parcels within the CFD, including all territory annexed to the CFD prior to the date hereof, including the Annexation Territory, shall not be affected.

SECTION SEVEN: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published immediately after its passage at least once in a newspaper of general circulation circulated in the City.

SECTION EIGHT: This City Council affirms the provisions of Ordinance No. 1757 except to the extent any terms of such Ordinance are inconsistent with the provisions of this Ordinance as to the Annexation Territory, in which case the terms of this Ordinance shall govern.

Item 11.a

SECTION NINE: This Ordinance shall become effective 30 days following its passage and adoption and shall be published once within 15 days upon passage and adoption in a newspaper of general circulation in the City of Vacaville, County of Solano.

I HEREBY CERTIFY that this ordinance was introduced at a regular meeting of the City Council of the City of Vacaville, held on April 14, 2026, and ADOPTED AND PASSED at a regular meeting of the City Council of the City of Vacaville held on April ___, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:
___________
Michelle A. Thornbrugh, City Clerk
Dated: ________________

Item 11.a
Item 11.a

"Multi-Family Property" means all parcels of Developed Property for which a building permit was issued for construction of a residential structure with multiple Units upon a single Parcel, all of which are offered for rent to the general public and are not available for saleto individual owners. "Non-Residential Property" means all properly other than Single Family Attached Property, Single Family Detached Property or Multi-Family Property.
"Parcel" means a lot or parcel with a parcel number assigned by the assessor of the County. "Proportionately" means the ratio of the actual Special Tax levied in any Fiscal Year to the Maximum Special Tax Rate authorized to be levied in that Fiscal Year is equal for all Assessor's Parcels. "Public Property" means properly within the boundaries of the District owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public or private road right-of-way has been granted to the federal government, the State of California, the County, the City, or any local government Qr other public agency, provided that any properly leased by a public agency to a private entity and subject to taxation under the Act shall be taxed and classified according to its use. "Single Family Attached Property" means all parcels of Developed Properly with a two or more residential units that share common walls and are offered as for-sale units with each unit having its own Assessor's Parcel number, including residential structures that meet the statutory definition of a condominium contained in Civil Code Section 1351.
"Single Family Detached Property" means all parcels of Developed Properly with a single residentiai structure on a single parcel where the dwelling unit dOes not share a common wall with another unit. "Special Tax" means the amount levied in each Fiscal Year on each Assessor's Parcel of Taxable Properly to fund the Annual Special Tax Requirement.
"Taxable Property" means all properly located within the boundaries of The District which is not exempt from the Special Tax pursuant to Section V below.
"Undeveloped Property" means all properly for which a building permit has not been issued. "Unit" means (i) for Single Family Detached Property, an individual single family residential unit or (ii) for Single Family Attached Properly, each individual residential unit within a duplex, tripfex, fourplex, fownhome or condominium structure.

II. DETERMINATION OF TAXABLE PARCELS
On Julv 1 of each Fiscal Year, the District Administrator shall determine the valid Assessor's Parcel Numbers for the current Fiscal Year for all properly within the District. If any Parcel numbers are no longer valid from the previous Fiscal Year, the District Administrator shall determine the new Parcel number or numbers that are in effect for the current Fiscal Year. To the extent a Parcel or Parcels are subdivided, consolidated or otherwise reconfigured, the special tax rates shall be assigned to the new Assessor's Parcels pursuant to Section III.

Ill. ANNUAL SPECIAL TAX - METHOD OF APPORTIONMENT
All property shall be subject to a Speciat Tax defined as follows, except as provided in Section V.

The Special Tax shall be levied each Fiscal Year by the District Administrator. The Annual Special Tax Requirement shall be apportioned to each parcel within the District by the method shown below.

Exhibit B

Page 4 ends

Item 11.a

RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:

City Clerk
City of Vacaville
650 Merchant Street
Vacaville, CA 95688
AMENDMENT NO. 8 TO

NOTICE OF SPECIAL TAX LIEN

CITY OF VACAVILLE
Community Facilities District No. 11
(Southtown Police and Fire Services)
Annexation No. 8
(Vandengate)
Pursuant to the requirements of Section 3117.5 of the Streets and Highways Code of California and the Mello-Roos Community Facilities Act of 1982, as amended, section 53311, et seq., of the California Government Code (the “Act”), the undersigned City Clerk of the City of Vacaville (the “City”), County of Solano, State of California, hereby gives notice that a lien to secure payment of a special tax, which the City is authorized to levy, is hereby imposed on the property described herein. The special tax secured by this lien is authorized to be levied for the purpose of paying for certain municipal services set forth in that certain Notice of Special Tax Lien heretofore recorded in the Office of the County Recorder of the County of Solano, State of California on February 7, 2006, at the hour of 3:24 p.m. as Document No. 200600016874 to which reference is hereby made and the provisions of which are hereby incorporated by this reference, as such Notice of Special Tax Lien was subsequently amended in connection with prior annexations of territory to the City of Vacaville Community Facilities District No. 11 (Southtown Police and Fire Services) (the “CFD”).

This Amendment No. 8 to Notice of Special Tax Lien amends the Notice of Special Tax Lien to add to the territory of the CFD. The territory included in the existing CFD is set forth in the map of the CFD heretofore recorded as Instrument No. 2006-2310 in the Solano County Recorder’s Office on January 5, 2006, in Book 23 at Page 66 of Maps of Assessment and Community Facilities Districts, to which reference is hereby made, as such map was subsequently amended in connection with prior annexations of territory to the CFD. The territory to be added is set forth in that certain “Annexation Map No. 8 (Vandengate) of City of Vacaville Community Facilities District No. 11 (Southtown Police and Fire Services)” heretofore recorded on March 5, 2026, in Book 27 at Page 16 of Maps of Assessment and Community Facilities Districts, and as Item 11.a
2 Document No. 2026 00010204, in the office of the County Recorder of the County of Solano, State of California.

The rate, method of apportionment, and manner of collection of the authorized special tax is set forth in Exhibit B hereto and hereby made a part hereof. The lien of the special tax is a continuing lien which shall secure the annual levy of the special tax and which shall continue in force and effect until the special tax obligation is permanently satisfied and canceled in accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Government Code Section 53330.5.

Notice is further given that upon the recording of this notice in the office of the county recorder, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property within the territory to be added to the CFD in accordance with Section 3115.5 of the Streets and Highways Code.

The assessor’s tax parcel(s) numbers of all parcels or any portion thereof which are included in this Amendment No. 8 to Notice of Special Tax Lien, together with the name(s) of the owner(s) thereof, as they appear on the latest secured assessment roll as of the date of recording hereof or as are otherwise known to the City are as set forth in Exhibit A hereto and hereby made a part hereof.

For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Financial Analyst of the City, City Hall, 650 Merchant Street, Vacaville, CA 95688 (telephone number: 707-449-5318).

Dated: As of __________, 2026
By:

Michelle A. Thornbrugh
City Clerk
City of Vacaville
Item 11.a
Exhibit A

Page 1 ends

Vacaville City CouncilApril 14, 2026

Vacaville City Council
April 14, 2026