City of Vacaville Agenda for the City Council,
Successor Agency to the Redevelopment Agency, Housing Authority, Groundwater Sustainability Agency and Public Financing Authority Tuesday, August 11, 2026
Closed Session: 05:00 PM
Regular Meeting: 06:00 PM
Vacaville City Hall Council Chamber
650 Merchant Street
Entrance to the council Chamber is located
in the parking area off of Walnut Avenue
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City Council In-Person and Virtual Meeting
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Meeting ID: 872 8632 1179
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Public Comments
Comments on agenda items can be emailed to the City Clerk up to 3:30PM prior to the meeting.
Comments received are kept as part of the record of the meeting. Comments during the meeting must be a maximum of three minutes (per Government Code 54954.3(a); VMC 2.0.4.130) and the Mayor has the discretion to change the time limit to accommodate the meeting schedule and public interest.
Email: [email protected]
Speaking During the Meeting
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YouTube channel: http://www.youtube.com/@CityofVacaville
Special Assistance
In accordance with the Americans with Disabilities Act, if you need special assistance, please contact the City Clerk’s Office at (707) 449-5100.
Roll Call for Closed Session - 5:00pm 1.
Pursuant to California Government Code Section 54950, et seq.
Conference with Legal Counsel - Initiation of Litigation Pursuant to paragraph (4) of subdivision (d) of California Government Code Section 54956.9 (one potential case)
Conference with Legal Counsel - Initiation of Litigation Pursuant to paragraph (4) of subdivision (d) of California Government Code Section 54956.9 (one potential case)
Roll Call for the Regular Meeting - 6:00pm
Mayor/Chair John Carli
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 - None
Consent Calendar
Resolution to Accept Public Improvements for the Villages at Vanden Meadows Unit 3 Subdivision
(Staff Contact: Jacob Smith, Engineering Manager (707) 449-5429) Individual Action: By simple motion, adopt the subject resolution.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: Public Works - Land Development Inspection (2028) Budget Distribution: The budget for any expenses related to this item is included in the Public Works-Land Development inspection annual operating budget.
Strategic Plan Goal:
Quality of Life
Public Safety and Infrastructure
Subject to Levine Act: Yes
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2. 3.
4. 5.
6. 6.a
7. 8.
9. 9.a
Tuesday, August 11, 2026
Resolution to Authorize the City Manager or their Designee to Execute the First Amendment to the Solano Express Intercity Transit Funding and Cost Sharing Agreement
(Staff Contact: Lori DaMassa, Transit Manager (707) 469-6575) Individual Action: By simple motion, adopt the subject resolution.
Fiscal Impact:
Amount Requested: $343,053
Funding Source: Transportation Development Act (4004) Funds Budget Distribution: There is no budget allocation required at this time, as the associated funds will remain with the County for administrative purposes.
Strategic Plan Goal:
Quality of Life
Subject to Levine Act: No
Approval of Minutes – Approve the Minutes for the Special and Regular Meetings of July 28, 2026
(Staff Contact: Michelle Thornbrugh, City Clerk (707) 449-5100) Individual Action: By simple motion, approve the minutes.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: Not applicable
Budget Distribution: The costs of staff time associated with this item are covered within the existing City Clerk's operating budget.
Strategic Plan Goal:
Organizational Culture
Subject to Levine Act: No
Approval of Accounts Payable and Payment of Payroll Claims for the Weeks Ending July 17, 2026; July 24, 2026; and July 31, 2026; and Wire and ACH Disbursements for the Month of July 2026
(Staff Contact: Crystal Fair Welty, Management Analyst II (707) 449-5121) Individual Action: By simple motion, approve the item.
Fiscal Impact:
The claims for the period total $46,899,513.61
Amount Requested: Not applicable
Funding Source: Various
Budget Distribution: The costs associated with staff time for this item are fully supported within the Finance Department's operating budget.
Strategic Plan Goal:
Fiscal Health
Subject to 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
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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
Amended and Restated Resolution of the City Council of the City of Vacaville Authorizing the City to Join the Statewide Community Infrastructure Program; Authorizing the California Statewide Communities Development Authority to Accept Applications From Property Owners, Conduct Special Assessment Proceedings and Levy Assessments and Special Taxes and to Form Assessment Districts and Community Facilities Districts Within the Territory of the City of Vacaville; Embodying a Joint Community Facilities Agreement Setting Forth the Terms and Conditions of Community Facilities District Financings; Approving Form of Acquisition Agreement for Use When Applicable; and Authorizing Related Actions
(Staff Contact: Ken Matsumiya, Director of Finance (707) 449-5180) Recommended Action: Hold a public hearing and adopt the subject resolution.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: General Fund (1001).
Budget Distribution: The costs of staff time associated with this item are covered within the existing Finance Department Operating budget.
Strategic Plan Goal:
Economic Development
Subject to Levine Act: No
Ordinance of the City Council of the City of Vacaville Introducing Amendments to Title 5, Chapters 5.04 through 5.36 of the Vacaville Municipal Code, Relating to Business Licenses
(Staff Contact: Heather Cornelison, Finance Supervisor (707) 449-5302) Recommended Action: By title only, introduce the subject ordinance and waive reading of the title per Government Code 36934.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: General Fund (1001)
Budget Distribution: The costs of staff time associated with this item are covered within the existing Finance Department operating budget.
Strategic Plan Goal:
Fiscal Health
Subject to Levine Act: No
Business - None
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
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Street. The City may charge customary photocopying charges for requested copies of such documents.
This agenda and related materials are also available on the City's website under Agendas and Minutes To view City Council meetings, tune in to cable Channel 26, the City's YouTube channel, or on the City's website at www.cityofvacaville.gov. If you have any questions, please contact the City Clerk's office at (707) 449-5100.
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, August 11, 2026
CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: August 11, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Brian Oxley, Director of Public Works
(Staff contact: Jacob Smith, Engineering Manager (707) 449-5429) Subject: Resolution of the City Council of the City of Vacaville to Accept Public Improvements for the Villages at Vanden Meadows Unit 3 Subdivision
Actions for Consideration:
Adopt a resolution accepting the public improvements for the Villages at Vanden Meadows Unit 3 Subdivision as complete in accordance with the approved plans, specifications, and Subdivision Improvement Agreement.
Recommendations:
By simple motion, adopt the subject resolution.
Background:
Under the California Subdivision Map Act and the Vacaville Municipal Code, after the City Council approves a subdivision final map and the City and developer execute a Subdivision Improvement Agreement, the developer may construct the public infrastructure required to serve the subdivision, including water and sewer facilities, storm drainage, streets, and sidewalks. Building permits may be issued once the required improvements are sufficiently complete. After construction is complete and City staff confirms that the improvements substantially conform to the approved plans, City standards, and agreement, the City Council considers accepting the public improvements for City ownership and maintenance.
The Subdivision Improvement Agreement for the Villages at Vanden Meadows Unit 3 Subdivision was approved by City Council on November 9, 2021.
Discussion:
The Villages at Vanden Meadows Unit 3 subdivision is a 59-unit single-family development on approximately 10.5 acres. The developer is Meritage Homes of California, Inc., a California corporation. The subdivision is generally located northwest of the intersection of Leisure Town Road and Foxboro Parkway and south and east of Vanden Road (Attachment 1 – Project Vicinity Map). Consistent with the Subdivision Improvement Agreement, the developer has Item 9.a
completed all required public improvements, including water and sewer facilities, storm drainage, streets, sidewalks, and related appurtenances, in accordance with the approved plans and specifications. The improvements are now ready for consideration of acceptance by the City Council (Attachment 2 – Project Completion Photos).
Public Works staff inspected the completed improvements and determined the improvements were constructed in substantial conformance with the approved improvement plans, City standards, and the Subdivision Improvement Agreement. Upon acceptance, ownership and long-term maintenance responsibility for the public improvements will transfer to the City of Vacaville.
The required public improvements were limited to onsite subdivision infrastructure improvements, and no offsite public improvements were constructed as part of this development.
Environmental Impact:
The Environmental Impact Report for the subject development was certified by City Council on September 24, 2013. The acceptance of public improvements for the subdivision is within the scope of the previously approved project, and no additional environmental review is required pursuant to the California Environmental Quality Act (CEQA).
Fiscal Impact:
The cost of Public Works staff time to process the acceptance of this project is covered by fees paid by the developer.
Amount Requested: There are no funds requested for this item.
Funding Source: Public Works - Land Development Inspection (2028).
Budget Distribution: The budget for any expenses related to this item is included in the Public Works-Land Development Inspection annual operating budget.
Alternatives:
The City Council could choose not to accept the improvements; however, this would be in violation of the subdivision improvement agreement and the City’s Standard Specifications.
Strategic Plan Goal/Initiative:
Quality of Life
Public Safety and Infrastructure
Levine Act:
Yes – Attachment 3 - Levine Act Disclosure Form
Item 9.a
Attachments:
Resolution - Action Item
Attachment 1: Project Vicinity Map
Attachment 2: Project Completion Photos
Attachment 3: Levine Act Disclosure Form
Item 9.a
CITY OF VACAVILLE
RESOLUTION NO. 2026-
Resolution of the City Council of the City of Vacaville to Accept Public Improvements for the Villages at Vanden Meadows Unit 3 Subdivision Whereas, the City Council approved the Final Map for the Villages at Vanden Meadows Unit 3 Subdivision and entered into a Subdivision Improvement Agreement with Meritage Homes of California, Inc., on November 9, 2021, for the construction of required public improvements associated with the subdivision; and
Whereas, the Environmental Impact Report for the Villages at Vanden Meadows Unit 3 Subdivision was certified by the City Council on September 24, 2013, and the acceptance of public improvements is within the scope of the previously approved project under the California Environmental Quality Act (CEQA); and
Whereas, Meritage Homes of California, Inc. has completed construction of the required public improvements in accordance with the approved plans, specifications, and Subdivision Improvement Agreement; and
Whereas, the Director of Public Works has determined that the public improvements have been completed in substantial conformance with the approved plans, specifications, and Subdivision Improvement Agreement and recommends acceptance of the improvements by the City Council; and
Now, therefore, be it resolved by the City Council of the City of Vacaville as follows:
Section One: The foregoing recitals are true and correct and are incorporated herein by this reference.
Section Two: The City Council hereby accepts the public improvements for the Villages at Vanden Meadows Unit 3 Subdivision as complete in accordance with the approved plans, specifications, and Subdivision Improvement Agreement.
Section Three: This Resolution shall take effect immediately upon its adoption.
I hereby certify that the foregoing resolution was introduced and passed at the regular meeting of the City Council of the City of Vacaville held on the 11th day of August 2026 by the following vote:
Ayes:
Noes:
Absent:
Attest:
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___________________________
Michelle A. Thornbrugh, City Clerk
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VILLAGES AT VANDEN MEADOWS UNIT 3ATTACHMENT 1 (1 OF 2)PROJECT VICINITY MAPDEPARTMENT OFPUBLIC WORKSPROJECTLOCATION Item 9.a
DEPARTMENT OF PUBLIC WORKSVILLAGES AT VANDEN MEADOWS UNIT 3ATTACHMENT 1 (2 OF 2)PROJECT VICINITY MAP Item 9.a
DEPARTMENT OF PUBLIC WORKSVILLAGES AT VANDEN MEADOWS UNIT 3ATTACHMENT 2 (1 OF 2)PROJECT COMPLETION PHOTOGRAPH Item 9.a
DEPARTMENT OF PUBLIC WORKSVILLAGES AT VANDEN MEADOWS UNIT 3ATTACHMENT 2 (2 OF 2)PROJECT COMPLETION PHOTOGRAPH Item 9.a
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CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: August 11, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Biran Oxley, Director of Public Works
(Staff Contact: Lori DaMassa, Transit Manager (707) 469-6575) Subject: Resolution of the City Council of the City of Vacaville to Authorize the City Manager or their Designee to Execute the First Amendment to the Solano Express Intercity Transit Funding and Cost Sharing Agreement
Actions for Consideration:
Authorize the City Manager or their designee to execute the First Amendment to the Solano Express Intercity Transit Funding and Cost-Sharing Agreement.
Recommendations:
By simple motion, adopt the subject resolution.
Background:
Solano Express is a transit program of the Solano Transportation Authority (STA) that provides intercity bus transportation service for the citizens of Solano County. STA contracts with intercity transit operators to provide all elements necessary for the implementation and operation of services. Solano Express is currently operated by Solano County Transit (Soltrans) and includes five fixed bus routes: Route 40 (formerly the Blue Line), Route 60 (formerly the Red Line), Route 70 (formerly the Yellow Line), Route 82, and Route 90 (formerly the Green Line).
These routes provide Solano County residents the ability to travel both within the County and to neighboring Bay Area counties through the San Francisco Ferry Building and two Bay Area Rapid Transit (BART) stations.
Funding for this service is derived from seven funding partners: the cities of Vacaville, Fairfield, Dixon, Suisun City, Benicia, SolTrans, and Solano County. Vacaville has been a partner agency of the Solano Express intercity bus system since 1997, contributing Transportation Development Act (TDA) funding towards Vacaville’s share of the annual Solano Express operating cost. Vacaville residents benefit from this service through Route 40, which provides connections to the cities of Dixon, Fairfield, Benicia, and the Concord BART station. On average, over the last two fiscal years, Solano Express has provided over 50,000 transit Item 9.b
passenger trips originating out of the City of Vacaville to locations both within and outside of Solano County.
Discussion:
The existing Solano Express Intercity Transit Funding and Cost-Sharing Agreement was executed on July 1, 2025, for a one-year term.
Key components of the First Amendment include:
• The term of the agreement is extended through June 30, 2027. • Based on the cost-sharing formula, the fiscal year 2026-2027 proportional financial share obligation for the City of Vacaville is $343,053, based on a cost per revenue hour of $246.76.
o The cost-sharing formula includes two factors: ridership by residence (80% of funding) and population (20% of funding).
▪ On-board ridership surveys are conducted no less than every three years to provide data regarding the number of riders by city of residency. This data is the basis used in establishing the cost-sharing formula for 80% of funding. The last survey was completed in 2024, and the next survey is scheduled for 2027.
▪ The population data for Solano County is obtained from the most current publication of the State of California Department of Finance E-4 Population Estimates for Cities, Counties, and the State. This information is updated annually and is the basis for the remaining 20% funding.
Environmental Impact:
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project that has the potential to result in either a 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(b)(5).
Fiscal Impact:
There will be no fiscal impact on the City’s General Fund as a result of this action. Vacaville City Coach is funded through the State Transportation Development Act (TDA), Federal Transit Administration (FTA) Funds, and collected passenger fare revenue.
Amount Requested: $343,053
Funding Source: Transportation Development Act (4004) Funds Budget Distribution: There is no budget allocation required at this time, as the associated funds will remain with the County for administrative purposes.
Item 9.b
Alternatives:
City Council could choose not to authorize the City Manager, or designee, to execute the First Amendment to the Solano Express Intercity Transit Funding and Cost-Sharing Agreement; however, that action is not recommended as it would result in the discontinuation of Solano Express intercity bus service to Vacaville residents.
Strategic Plan Goal:
Quality of Life
Levine Act:
No
Attachments:
Resolution – Action Item
Attachment 1: Solano Express Intercity Transit Funding and Cost Sharing Agreement Attachment 2: First Amendment to Intercity Transit Funding and Cost Sharing Agreement (Solano Express)
Item 9.b
CITY OF VACAVILLE
RESOLUTION NO. 2026-
Resolution of the City Council of the City of Vacaville Authorizing the City Manager or their Designee to Execute the First Amendment to the Solano Express Intercity Transit Funding and Cost Sharing Agreement in the Amount of $343,053 Representing the City of Vacaville’s Proportional Cost Share for Fiscal Year 2026-27
Whereas, the City of Vacaville is a funding partner of the Solano Transportation Authority’s (STA) Solano Express Intercity Bus program; and
Whereas, as a funding partner, Vacaville contributes Transportation Development Act (TDA) funding towards Vacaville’s share of the annual Solano Express operating cost. This contribution is based on a funding formula of eighty percent (80%) of ridership by residence and twenty percent (20%) by population; and
Whereas, Vacaville residents benefit from this program through Route 40 (formerly the Blue Line), which currently provides connections to the cities of Dixon, Fairfield, Benicia, and the Concord BART station; and
Whereas, based on the cost-sharing formula, the fiscal year 2026-2027 proportional financial share obligation for the City of Vacaville is $343,053; and
Whereas, the Solano Transportation Authority has amended the Solano Express Intercity Transit Funding and Cost-sharing agreement to formalize the funding contribution of each partner agency; and
Whereas, the First Amendment extends the term of the Solano Express Intercity Transit Funding and Cost-Sharing Agreement, originally executed on July 1, 2025, through June 30, 2027; and
Now, therefore, be it resolved that the City Council of the City of Vacaville authorizes the City Manager or their designee to execute the First Amendment to the Solano Express Intercity Transit Funding and Cost Sharing Agreement in the amount of $343,053, representing the City of Vacaville’s proportional cost share for fiscal year 2026-2027 towards the Solano Express service.
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 11th day of August 2026, by the following vote:
Ayes:
Noes:
Absent:
ATTEST:
_____________________________
Michelle A. Thornbrugh, City Clerk
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1st Amendment - ITF Cost Sharing 06-2026
FIRST AMENDMENT TO
INTERCITY TRANSIT FUNDING AND COST SHARING AGREEMENT
(SOLANO EXPRESS) BY AND AMONG
THE SOLANO TRANSPORTATION AUTHORITY, THE COUNTY OF SOLANO,
THE SOLANO COUNTY TRANSIT, THE CITY OF DIXON, THE CITY OF
FAIRFIELD, THE CITY OF SUISUN CITY, AND
THE CITY OF VACAVILLE
This First Amendment (“First Amendment”) is made and entered into on July 1, 2026 by and among the SOLANO TRANSPORTATION AUTHORITY, a joint powers entity organized under Government Code section 6500 et seq., and the Congestion Management Agency (CMA) and the County Transportation Authority (CTA) for Solano County, hereinafter referred to as “STA”, and the governmental entities in Solano County providing intercity transit services to the citizens of Solano County: to wit:
THE COUNTY OF SOLANO (“ County”), a political subdivision of the State of California; SOLANO COUNTY TRANSIT (“SolTrans”), a joint powers entity organized under Government Code section 6500 et seq.; and FOUR MUNICIPAL CORPORATIONS (“Cities”) in Solano County:
The City of Dixon,
The City of Fairfield,
The City of Suisun City, and
The City of Vacaville
Unless specifically identified, the various public agencies herein may be commonly referred to as the “Parties” or “County, City, and Cities” or “Jurisdictions· or “Intercity Transit Operators” as the context may require.
1. RECITALS
A. The parties entered into an intercity transit funding and cost sharing agreement dated July 1, 2025 (the “Agreement”) to establish certain goals and principles for Intercity Transit activities for Solano Express (SE) in Solano County;
B. The parties desire to amend the Contract to extend the term and amend the performance benchmarks for SE.
C. The parties agree to amend the Agreement as set forth below.
2. AGREEMENT
A. Term
The Agreement is extended through June 30, 2027.
B. Attachment A of the Agreement is amended, in part, as follows:
Cost Per Revenue Hour: $246.76
Item 9.b
1st Amendment - ITF Cost Sharing 06-2026
C. Exhibit B of the Agreement is amended, in part, as follows:
Service Hours by Route are estimates as:
Route 60 (Formerly Red Line) 21,757
Route 70 (Formerly Yellow Line) 7,758
Route 40 (Formerly Blue Line) 10,757
Route 90 (Formerly Green line) 1,897
Route 82 2,424
Total Service Hours 44,593
3. EFFECTIVENESS OF CONTRACT
Except as set forth in this First Amendment, all other terms and conditions specified in the Agreement remain in full force and effect.
CITY OF DIXON
By: ______________________________
Jim Lindley, City Manager
APPROVED AS TO FORM
By: ______________________________
City Attorney
CITY OF FAIRFIELD
By: ______________________________
David Gassaway, City Manager
APPROVED AS TO FORM
By: ______________________________
City Attorney
CITY OF SUISUN CITY
By: ______________________________
Bret Prebula, City Manager
APPROVED AS TO FORM
By: ______________________________
City Attorney
CITY OF VACAVILLE
By: ______________________________
Savita Chaudhary, City Manager
APPROVED AS TO FORM
By: ______________________________
City Attorney
COUNTY OF SOLANO
By: ______________________________
Ian Goldberg, County Administrator
APPROVED AS TO FORM
By: ______________________________
County Counsel
SOLANO COUNTY TRANSIT (SOLTRANS)
By: ______________________________
Beth Kranda, Executive Director
APPROVED AS TO FORM
By: ______________________________
SolTrans Legal Counsel
SOLANO TRANSPORTATION AUTHORITY (STA)
By: ______________________________
Daryl K. Halls, Executive Director
APPROVED AS TO FORM
By: ______________________________
STA Legal Counsel
Item 9.b
1. Roll Call
They Mayor called the Special Meeting of the City Council to order at 4:30 pm in the Vacaville Council Chamber located at 650 Merchant St.
Present:
John Carli, Mayor
Roy Stockton, District 1
Greg Ritchie, District 2
Sarah Chapman, District 4
Ted Fremouw, District 5
Jeanette Wylie, District 6
Absent: Michael Silva, Vice Mayor, District 3
2. Public Comment
No public comment received
3. Closed Session
3.a Public Employee Performance Evaluation (Pursuant to Government Code Section 54957) Position: City Manager
3.b Public Employee Performance Evaluation (Pursuant to Government Code Section 54957) Position: City Attorney
4. Adjournment
There being no further business, the special meeting was adjourned at 6:05 p.m.
Minutes of the Special Meeting
of the Vacaville City Council
Tuesday, July 28, 2026
04:30 PM
Item 9.c
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
Tuesday, July 28, 2026
1. Special Meeting Closed Session - Starting at 4:30 PM
2. Roll Call for the Regular Meeting
The Mayor called the Regular Meeting of the City Council to order at 6:10 pm in the Vacaville Council Chamber located at 650 Merchant St.
Present:
John Carli, Mayor
Roy Stockton, District 1
Greg Ritchie, District 2
Sarah Chapman, District 4
Ted Fremouw, District 5
Jeanette Wylie, District 6
Absent: Michael Silva, Vice Mayor, District 3
3. Moment of Silence followed by the Pledge of Allegiance A moment of silence was observed, and Councilmember Stockton led the Pledge of Allegiance.
4. Report out of Closed Session
There were no actions to report.
5. Approval of Agenda
On a motion by Councilmember Stockton, seconded by Councilmember Ritchie, the Council present unanimously approved the agenda of the regular meeting as written.
6. Reports of the City Council
6.a Update on Recent Attended Boards, Commissions, and Committee Meetings Councilmember Stockton reported that he sits on CAP Solano which aims at addressing Item 9.c
homelessness on a regional level. That organization has a new director named Stephanie Weaver and he has invited her to give a presentation to Council. He also talked about the California Energy Commission (CEC) recently released report with regards to BESS facility on Kilkenny Road. Anyone that would like to leave comments on this report can do that at the Keep Vacaville Safe Facebook group.
Mayor Carli mentioned that the City is addressing what measures can be taken in regard to the CEC report, but he still urges everyone to speak up. He also reported that all seven Solano County Mayors agreed to send a letter to the County to create a pathway to create a standardized tax-sharing process moving forward.
Councilmember Chapman reported that the Citizens Advisory Committee recently held a backpack drive, family night and they have created a non-profit organization to assist the employees. She urges the community to support the non-profit. She also mentioned that the Council Handbook Committee recently met. On Jul 11th, t-ball had their grand opening and many families attended. Councilmember Chapman noted that she wasn't able to attend a recent memorial in honor of Officer Goldberg. On Jun 25th the Chamber of Commerce held their annual Night of Champions Gala and honored Deputy City Clerk Angelina Herron as their Public Servant of the Year. Lastly, Councilmember Chapman attended graduation ceremony for the students that participated in the Summer at City Hall program.
Councilmember Wylie is on the Travis Regional Armed Forces Committee (TRAFC) Board and will be serving on the executive board. The purpose of TRAFC is to get the community involved in what is happening on base. Councilmember Wylie also reported the Yolo Solano Air Quality Management District (YSAQMD) recently purchased an electric van for the Yolo Solano Food Bank.
7. Reports of City Manager
City Manager Chaudhary acknowledged the Public Works, Fire, Police and Parks and Recreation departments for their work in hosting a safe and successful 4th of July celebration. She also reported that the City recently hired IT Director Gurinder Bains who has deep background in modernization and innovation. Lastly, the City promoted Dan Sutton to Assistant Director of Public Works Maintenance.
8. Presentations - None
9. Consent Calendar
Motion: Councilmember Chapman
Second: Councilmember Ritchie
Action: Approve all items on the Consent Calendar except for 9.c and 9.k.
Vote Unanimously Approved
9.a Ordinance to Adopt the First Amendment to the Development Agreement Between the City of Vacaville and Vanden Cove, LLC, Regarding the Development of Real Property Commonly Referred to as Vandengate, Located East of Vanden Road and South of Joyce Drive on Assessor Parcel Number 0137-010-140 (Second Reading) Item 9.c
Approved Ordinance No. 2022; Ordinance to Adopt the First Amendment to the Development Agreement Between the City of Vacaville and Vanden Cove, LLC, Regarding the Development of Real Property Commonly Referred to as Vandengate, Located East of Vanden Road and South of Joyce Drive on Assessor Parcel Number 0137-010-140
9.b Ordinance of the Voters of the City of Vacaville Imposing a One Percent Transactions and Use Tax to be Administered by the California Department of Tax and Fee Administration
Approved Ordinance No. 2023; Ordinance of the Voters of the City of Vacaville Imposing a One Percent Transactions and Use Tax to be Administered by the California Department of Tax and Fee Administration
9.c Resolution Authorizing the City Manager, or Designee, to Execute a Funding Agreement with Regis Homes of Sacramento, LLC for the Roberts’ Ranch Parcel M Development Project to Provide Funding for Additional Consultant Services in an Amount Not to Exceed $244,165, and Authorizing the City Manager, or Designee, to Execute Professional Services Agreements with Management Advisory Services (MAS) DUDEK, and Fehr & Peers for the Roberts’ Ranch Parcel M Development Project
Motion: Councilmember Ritchie
Second: Councilmember Fremouw
Action: Approved Resolution 2026-112 Authorizing the City Manager, or Designee, to Execute a Funding Agreement with Regis Homes of Sacramento, LLC for the Roberts’ Ranch Parcel M Development Project to Provide Funding for Additional Consultant Services in an Amount Not to Exceed $244,165, and Authorizing the City Manager, or Designee, to Execute Professional Services Agreements with Management Advisory Services (MAS) DUDEK, and Fehr & Peers for the Roberts’ Ranch Parcel M Development Project
Ayes (6): Mayor Carli, Councilmember Stockton, Councilmember Ritchie, Councilmember Chapman, Councilmember Fremouw, and Councilmember Wylie Noes (0): None
Absent (1): Vice Mayor Silva
9.d Resolution to Accept Public Improvements for the Roberts Ranch Village L Subdivision
Approved Resolution No. 2026-113; Resolution to Accept Public Improvements for the Roberts Ranch Village L Subdivision
9.e Resolution to Accept Public Improvements for the Foxboro Knolls Subdivision Approved Resolution No. 2026-114; Resolution to Accept Public Improvements for the Foxboro Knolls Subdivision
9.f Resolution to Approve the Final Map for Lower Lagoon Valley Neighborhood D Phase 2
Approved Resolution No. 2026-115; Resolution to Approve the Final Map for Lower Lagoon Valley Neighborhood D Phase 2
Item 9.c
9.g Resolution Awarding the Construction Contract for the Bike Trail Pedestrian Improvements Project to the Apparent Low Bidder, Lister Construction, Inc., in the Amount of $198,886.15
Approved Resolution No. 2026-116; Resolution Awarding the Construction Contract for the Bike Trail Pedestrian Improvements Project to the Apparent Low Bidder, Lister Construction, Inc., in the Amount of $198,886.15
9.h
9.i
9.j
9.k
Resolution Awarding a Construction Contract for the Alamo Creek Bridge Water Line Replacement Project to Corcus Construction, Inc. in the Amount of $310,121.50 Approved Resolution No. 2026-117; Resolution Awarding a Construction Contract for the Alamo Creek Bridge Water Line Replacement Project to Corcus Construction, Inc. in the Amount of $310,121.50
Resolution to Amend the Fiscal Year 2026-2027 Capital Improvement Program Budget in the amount of $3,759,480.00, Award the Well 16 Hexavalent Chromium Treatment Facility Project to the Apparent Low Bidder, GSE Construction Company Inc., and Authorize the Director of Utilities to Execute the Contract in the Amount of $3,132,900
Approved Resolution No. 2026-118; Resolution to Amend the Fiscal Year 2026-2027 Capital Improvement Program Budget in the amount of $3,759,480.00, Award the Well 16 Hexavalent Chromium Treatment Facility Project to the Apparent Low Bidder, GSE Construction Company Inc., and Authorize the Director of Utilities to Execute the Contract in the Amount of $3,132,900
Resolution Approving a Professional Services Agreement with Verdantas Inc. for the Update of the Water System Master Plan (Project W25-4 F40-1) and Authorizing the Director of Utilities to Execute Said Agreement in an Amount Not to Exceed $320,000.00
Approved Resolution No. 2026-119; Resolution Approving a Professional Services Agreement with Verdantas Inc. for the Update of the Water System Master Plan (Project W25-4 F40-1) and Authorizing the Director of Utilities to Execute Said Agreement in an Amount Not to Exceed $320,000.00
Resolution to Authorize the City Manager or their Designee to Execute the Third Amendment to the Agreement for the Provision of Fixed-Route, Demand Response, and Paratransit Services Between the City of Vacaville and First Transit, Inc.
Motion: Councilmember Chapman
Second: Councilmember Fremouw
Action: Approve Resolution No. 2026-120 to Authorize the City Manager or their Designee to Execute the Third Amendment to the Agreement for the Provision of Fixed-Route, Demand Response, and Paratransit Services Between the City of Vacaville and First Transit, Inc.
Ayes (5): Mayor Carli, Councilmember Stockton, Councilmember Ritchie, Councilmember Chapman, and Councilmember Fremouw
Noes (1): Councilmember Wylie
Absent (1): Vice Mayor Silva
Item 9.c
Vote Approved (5 to 1)
9.l Resolution Fixing the Amount to be Raised and Establishing an Ad Valorem Property Tax Rate for the Paramedic/Firefighter and/or Emergency Ambulance Services Program and North Bay Aqueduct Program for Fiscal Year 2026-27 Approved Resolution No. 2026-121; Resolution Fixing the Amount to be Raised and Establishing an Ad Valorem Property Tax Rate for the Paramedic/Firefighter and/or Emergency Ambulance Services Program and North Bay Aqueduct Program for Fiscal Year 2026-27
9.m Resolution to Authorize the City Manager or Their Designee to Execute a Purchase Agreement and Grant Deed with the County of Solano for the Vaca Valley Parkway Corridor Multimodal Improvements Project
Approved Resolution No. 2026-122; Resolution to Authorize the City Manager or Their Designee to Execute a Purchase Agreement and Grant Deed with the County of Solano for the Vaca Valley Parkway Corridor Multimodal Improvements Project
9.n Resolution to Amend the Contract for the Metropolitan Transportation Commission (MTC) Priority Development Area (PDA) Grant to extend it from August 31, 2026 to June 30, 2028, and Adjust the 2026-27 Fiscal Year Operating Budget in the Amount of $60,000 to Fund a Water and Storm Drain System Impact Evaluation for the Peabody Allison Specific Plan; and Authorize the City to enter into a Contract with West Yost in the Amount of $60,000 to Perform the Water and Storm Drain System Impact Evaluation for the Peabody Allison Specific Plan.
Approved Resolution No. 2026-123; Resolution to Amend the Contract for the Metropolitan Transportation Commission (MTC) Priority Development Area (PDA) Grant to extend it from August 31, 2026 to June 30, 2028, and Adjust the 2026-27 Fiscal Year Operating Budget in the Amount of $60,000 to Fund a Water and Storm Drain System Impact Evaluation for the Peabody Allison Specific Plan; and Authorize the City to enter into a Contract with West Yost in the Amount of $60,000 to Perform the Water and Storm Drain System Impact Evaluation for the Peabody Allison Specific Plan
9.o Approval of Minutes – Approve the Minutes for the Meeting of June 23, 2026 Approved; Approval of Minutes – Approve the Minutes for the Meeting of June 23, 2026
9.p Approval of Accounts Payable and Payment of Payroll Claims for the Weeks Ending June 19, 2026; June 26, 20026; July 3, 2026; July 10, 2026; and Wire and ACH Disbursements for the Month of June 2026
Approved; Approval of Accounts Payable and Payment of Payroll Claims for the Weeks Ending June 19, 2026; June 26, 20026; July 3, 2026; July 10, 2026; and Wire and ACH Disbursements for the Month of June 2026
9.q Resolution Approving Four (4) Agreements and Contract Amendments Totaling $1,872,375 Supporting Essential City Operations, Capital Projects, Regulatory Compliance, and Organizational Services
Approved Resolution No. 2026-124; Resolution Approving Four (4) Agreements and Contract Item 9.c
Amendments Totaling $1,872,375 Supporting Essential City Operations, Capital Projects, Regulatory Compliance, and Organizational Services
10. Business from the Floor
Click on the link to listen to public comment on items within the Council's jurisdiction but not listed on the agenda. Topics include: Battery Energy Storage System (BESS) project on Kilkenny Rd., proposed travel center on Cherry Glen Rd., youth commission in Vacaville, California Forever, and master tax sharing agreement with Solano County.
11. Public Hearings
11.a Resolution to Affirm that the General Plan Amendment Zoning Ordinance Text Amendment is Exempt from Environmental Review Pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines; and Ordinance to Amend Title 14 of the City of Vacaville Municipal Code by Amending Division 14.04 entitled General Plan Amendments to Change Administrative Procedures and Requirements for General Plan Map and Text Amendment Applications
Motion: Councilmember Stockton
Second: Councilmember Fremouw
Action: Approve Resolution No. 2026-125 to affirm that the General Plan Amendment Zoning Ordinance Text Amendment is Exempt from Environmental Review Pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines; and approve Ordinance 2024 to amend Title 14 of the City of Vacaville Municipal Code by Amending Division 14.04 entitled General Plan Amendments to Change Administrative Procedures and Requirements for General Plan Map and Text Amendment Applications
Ayes (5): Mayor Carli, Councilmember Stockton, Councilmember Ritchie, Councilmember Chapman, Councilmember Fremouw, and Councilmember Wylie Noes (0): None
Absent (1): Vice Mayor Silva
Vote Approved (6 to 0)
12. Business
12.a Informational update on the Northeast Growth Area Planning Study Council received the informational update on the Northeast Growth Area Planning Study
13. Adjournment
There being no further business, the regular meeting was adjourned at 9:13 p.m. in memory of former Planning Commissioner Jan Aldridge.
Item 9.c
CITY OF VACAVILLE
CITY COUNCIL
STAFF REPORT
Meeting Date: August 11, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Ken Matsumiya, Director of Finance
(Crystal Fair Welty, Management Analyst II (707) 449-5121) Subject: Approval of Accounts Payable and Payment of Payroll Claims for the Weeks Ending July 17, 2026; July 24, 2026; and July 31, 2026; and Wire and ACH Disbursements for the Month of July 2026
Actions for Consideration:
Approval of payments drawn in accordance with the City’s approved budget.
Recommendations:
By simple motion, adopt the subject resolution.
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) because it is not a project that has the potential to result in either a 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(b)(5).
Item 9.d
Fiscal Impact:
The claims paid for the period total $46,899,513.61
Amount Requested: There are no funds requested for this item.
Funding Source: Various
Budget Distribution: The costs of staff time associated with this item are covered within the existing Finance Department operating budget.
Alternatives:
No alternative recommendation.
Strategic Plan Goal:
Fiscal Health
Subject to Levine Act:
No
Attachments:
Attachment 1: Affidavit of Finance Director
Item 9.d
Affidavit of Finance Director Attachment 1
Accounts Payable Check Register(s) for Week Ending: Register Total(s) July 17, 2026 1,994,645.36$
July 24, 2026 3,751,781.01$
July 31, 2026 3,045,506.38$
Payroll Check Register(s) for Week Ending: Register Total(s) July 17, 2026 2,526,011.62$
July 24, 2026 1,343.41$
July 31, 2026 2,514,225.53$
Wire and ACH Transfers Monthly Total
Month of July 2026 33,066,000.30$
Grand Total 46,899,513.61$
_______________________________________________________________________________ Ken Matsumiya, Finance Director
Item 9.d
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Item 9.d
City of Vacaville, CA - Live
EARN & DED DETAILED PROOF
Report generated: 08/03/2026 10:52
User: 6582szamora
Program ID: prpyddpf
Pay Period 06/21/26 To 07/04/26
WARRANT: 071726 PAYROLL TYPE: BIWEEKLY C CHECK DATE: 07/17/2026 Earnings-Deductions Proof Summaries
Total: 3,794,574.99 3,407,921.28
Total Females: 369 Gross Pay: 1,138,215.69
Total Males: 538 Gross Pay: 2,669,728.64
Total Employees: 907 Gross Pay: 3,807,944.33
Total Pre-Notes: 0
Benefits Only Employees: 611 Employer Amount:
Available Cash Balance after payroll: -434,309,033.90 Total Cash Requirements:
Total Employee Checks: 20,566.53 Total Employee/Employer ACH Transactions: 2,505,171.94 Total Vendor Checks this payroll: 0.00 Total Vendor Checks other payrolls: 0.00 Total Vendor Electronic Transfers this payroll: 0.00 Total Vendor Electronic Transfers other payrolls: 0.00 Total Vendor Telephone Transfers this payroll: 0.00 Total Vendor Telephone Transfers other payrolls: 0.00 Total Cash Required: 2,525,738.47 Payments to be Processed:
Total Telephone Transfers: 0.00 Remaining Payroll Liabilities:
Total Employee/Employer (Check type = No check): 4,672,293.37 Total Pay Escrow: 0.00 Total Escrow Balance: 0.00 Total Invoices this payroll: 25,561.29 Total Invoices other payrolls: 0.00 Total Checks/Invoices/EFT/Telephone transfers
this payroll (deferred): 0.00 Total Checks/Invoices/EFT/Telephone transfers
other payrolls (deferred): 0.00 Total Liabilities: 4,697,854.66 * Employee Accruals Exist Outside Payroll Date Range - Check Accrual Out of Range Report
** END OF REPORT - Generated by Sara Zamora **
Item 9.d
City of Vacaville, CA - Live
DETAIL PROOF - FINAL REPORT
Report generated: 07/15/2026 16:58
User: 6582szamora
Program ID: prpyddpf
Pay Period 06/01/26 To 06/30/26
WARRANT: 071726 PAYROLL TYPE: MONTHLY CHECK DATE: 07/17/2026 Earnings-Deductions Proof Summaries
DEDUCTION SUMMARY
=================
DED TYPE EMPLOYEE AMT EMPLOYER AMT TOTAL AMT EMPLOYEE GROSS FICA/MED CALC 1100 MEDICARE 4.35 4.35 8.70 300.00 X 2.90% = 8.70 2770 OBRA PT % 22.50 0.00 22.50 300.00 3000 FEDERAL TAX 0.00 0.00 0.00 277.50 4000 STATE TAX 0.00 0.00 0.00 277.50 8215 WORK COMP 0.00 31.50 31.50 300.00 9999 DIRECT DEP N 273.15 0.00 273.15 300.00 Total: 300.00 35.85
Total Females: Gross Pay: 0.00
Total Males: 1 Gross Pay: 300.00
Total Employees: 1 Gross Pay: 300.00
Total Pre-Notes: 0
Available Cash Balance after payroll: -431,783,568.58 Total Cash Requirements:
Total Employee Checks: 0.00 Total Employee/Employer ACH Transactions: 273.15 Total Vendor Checks this payroll: 0.00 Total Vendor Checks other payrolls: 0.00 Total Vendor Electronic Transfers this payroll: 0.00 Total Vendor Electronic Transfers other payrolls: 0.00 Total Vendor Telephone Transfers this payroll: 0.00 Total Vendor Telephone Transfers other payrolls: 0.00 Total Cash Required: 273.15 Payments to be Processed:
Total Telephone Transfers: 0.00 Remaining Payroll Liabilities:
Total Employee/Employer (Check type = No check): 62.70 Total Pay Escrow: 0.00 Total Escrow Balance: 0.00 Total Invoices this payroll: 0.00 Total Invoices other payrolls: 0.00 Total Checks/Invoices/EFT/Telephone transfers
this payroll (deferred): 0.00 Total Checks/Invoices/EFT/Telephone transfers
other payrolls (deferred): 0.00 Item 9.d
City of Vacaville, CA - Live
DETAIL PROOF - FINAL REPORT
Report generated: 07/22/2026 14:41
User: 6582szamora
Program ID: prpyddpf
Pay Period 07/22/26 To 07/22/26
WARRANT: 072226 PAYROLL TYPE: MISC CHECK DATE: 07/22/2026 Earnings-Deductions Proof Summaries
DEDUCTION SUMMARY
=================
DED TYPE EMPLOYEE AMT EMPLOYER AMT TOTAL AMT EMPLOYEE GROSS FICA/MED CALC 1100 MEDICARE 23.17 23.17 46.34 1,598.35 X 2.90% = 46.35 2770 OBRA PT % 119.88 0.00 119.88 1,598.35 3000 FEDERAL TAX 93.57 0.00 93.57 1,478.47 4000 STATE TAX 18.32 0.00 18.32 1,478.47 8200 WORK COMP 0.00 43.95 43.95 1,598.35 Total: 254.94 67.12
Total Females: Gross Pay: 0.00
Total Males: 1 Gross Pay: 1,598.35
Total Employees: 1 Gross Pay: 1,598.35
Total Pre-Notes: 0
Available Cash Balance after payroll: -431,784,638.84 Total Cash Requirements:
Total Employee Checks: 1,343.41 Total Employee/Employer ACH Transactions: 0.00 Total Vendor Checks this payroll: 0.00 Total Vendor Checks other payrolls: 0.00 Total Vendor Electronic Transfers this payroll: 0.00 Total Vendor Electronic Transfers other payrolls: 0.00 Total Vendor Telephone Transfers this payroll: 0.00 Total Vendor Telephone Transfers other payrolls: 0.00 Total Cash Required: 1,343.41 Payments to be Processed:
Total Telephone Transfers: 0.00 Remaining Payroll Liabilities:
Total Employee/Employer (Check type = No check): 322.06 Total Pay Escrow: 0.00 Total Escrow Balance: 0.00 Total Invoices this payroll: 0.00 Total Invoices other payrolls: 0.00 Total Checks/Invoices/EFT/Telephone transfers
this payroll (deferred): 0.00 Total Checks/Invoices/EFT/Telephone transfers
other payrolls (deferred): 0.00 Item 9.d
City of Vacaville, CA - Live
DETAIL PROOF - FINAL REPORT
Report generated: 07/29/2026 15:12
User: 6582szamora
Program ID: prpyddpf
Pay Period 07/05/26 To 07/18/26
WARRANT: 073126 PAYROLL TYPE: BIWEEKLY C CHECK DATE: 07/31/2026 Earnings-Deductions Proof Summaries
Total Males: 529 Gross Pay: 2,605,759.52
Total Employees: 894 Gross Pay: 3,773,707.64
Total Pre-Notes: 0
Benefits Only Employees: 605 Employer Amount:
Available Cash Balance after payroll: -434,297,520.96
Total Cash Requirements:
Total Employee Checks: 16,894.22
Total Employee/Employer ACH Transactions: 2,497,331.31
Total Vendor Checks this payroll: 0.00
Total Vendor Checks other payrolls: 0.00
Total Vendor Electronic Transfers this payroll: 0.00
Total Vendor Electronic Transfers other payrolls: 0.00
Total Vendor Telephone Transfers this payroll: 0.00
Total Vendor Telephone Transfers other payrolls: 0.00
Total Cash Required: 2,514,225.53
Payments to be Processed:
Total Telephone Transfers: 0.00
Remaining Payroll Liabilities:
Total Employee/Employer (Check type = No check): 2,004,604.75 Total Pay Escrow: 0.00
Total Escrow Balance: 0.00
Total Invoices this payroll: 25,426.66
Total Invoices other payrolls: 0.00
Total Checks/Invoices/EFT/Telephone transfers
this payroll (deferred): 0.00
Total Checks/Invoices/EFT/Telephone transfers
other payrolls (deferred): 0.00
Total Liabilities: 2,030,031.41
* Employee Accruals Exist Outside Payroll Date Range - Check Accrual Out of Range Report ** END OF REPORT - Generated by Sara Zamora **
Item 9.d
CITY OF VACAVILLE
CITY COUNCIL
STAFF REPORT
Meeting Date: August 11, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Ken Matsumiya, Director of Finance
(Ken Matsumiya, Director of Finance (707) 449-5180)
Subject: Amended and Restated Resolution of the City Council of the City of Vacaville Authorizing the City to Join the Statewide Community Infrastructure Program; Authorizing the California Statewide Communities Development Authority to Accept
Applications From Property Owners, Conduct Special
Assessment Proceedings and Levy Assessments and Special Taxes and to Form Assessment Districts and Community
Facilities Districts Within the Territory of the City of Vacaville; Embodying a Joint Community Facilities Agreement Setting Forth the Terms and Conditions of Community Facilities
District Financings; Approving Form of Acquisition Agreement for Use When Applicable; and Authorizing Related Actions Actions for Consideration:
Adopt the proposed Amended and Restated Resolution authorizing the California Statewide Communities Authority (CSCDA) to accept applications from owners/developers of property for the financing of public capital improvements and development impact fees through the Statewide Community Infrastructure Program (SCIP).
Authorize CSCDA to form assessment districts and community facilities districts (CFDs) within the City’s boundaries, conduct assessment and special tax proceedings, and levy assessments and special taxes on the property of participating owners in connection with SCIP-related financing.
Approve the form of the acquisition agreement included as Exhibit B to the Amended and Restated Resolution, establishing terms and conditions for financing eligible public improvements and the procedures for disbursement of SCIP bond proceeds upon City certification of completed facilities.
Authorize staff to complete all related actions and make the findings and determinations required by law to implement the City’s participation in SCIP’s CFD option.
Item 11.a
Recommendations:
Hold a public hearing and adopt the subject resolution.
Background:
The California Statewide Communities Development Authority (CSCDA) is a joint powers authority sponsored by the League of California Cities and the California State Association of Counties, with over 530 local agency members statewide, including the City of Vacaville. In 2002, CSCDA established the Statewide Community Infrastructure Program (SCIP) to provide property owners in participating jurisdictions with access to tax-exempt financing for development impact fees that would otherwise be due upon securing development entitlements or building permits.
Over time, the program expanded to allow financing for public capital improvements (streets, sewer/water lines, etc.) in addition to fees, utilizing pooled assessment district financing. SCIP has continued to evolve, most recently adding the ability to finance fees and public improvements through the formation of Community Facilities Districts. Since its inception, SCIP has issued more than $1 billion in land-secured assessment district and CFD bonds in support of development projects across California.
The City joined SCIP in November 2018 when the assessment district option was the only financing option available through the program. Since joining the program, Farmstead, Foxboro Knolls, and the Villages at Vanden Meadows are some of the projects that have utilized SCIP financing. Though the City’s current participation authorizes the use of SCIP’s assessment district option, several developers have requested that the City consider expanding its participation to include SCIP’s CFD option, which was introduced in 2020 – after the City’s initial entry into the program.
Discussion:
Expanding the City’s SCIP participation to include the CFD option would allow property owners, subject to City approval, to finance a broader range of development impact fees and public facilities. Compared to the current assessment district option, CFDs provide increased flexibility by allowing tax rates based on product type or home size and allow separate improvement areas to be formed, facilitating financing when projects need to be phased over time. Similar to the current assessment district option, the City would limit the maximum total tax rate on the property tax bill (including the SCIP assessment, the Prop 13 1% rate, school bonds, etc.) to 1.80% of the projected average sales price of the home.
Under SCIP, CSCDA forms and manages all required assessment districts or community facilities districts, levies assessments or special taxes only on participating properties, and issues the related tax-exempt bonds. CSCDA will form the district and impose an assessment or special tax, as applicable, on the owner’s property to repay the portion of the bonds issued to finance the fees paid with respect to the property (no one developer within the SCIP pool is responsible for the payment related to any other project). For development impact fees, the property owner will either pay the impact fees at the time of permit issuance and will be reimbursed from the SCIP bond proceeds when the bonds are issued, or the fees will be funded directly from the proceeds Item 11.a
of the SCIP bonds. In all cases, fee proceeds remain fully subject to City approval for authorized uses, and the City is never at risk for repayment of any bonds issued by CSCDA. For projects involving public improvements or facilities, the Amended and Restated Resolution includes a standard form acquisition agreement establishing procedures for how the City will accept public improvements and for disbursement of SCIP bond proceeds to reimburse the developer.
SCIP provides another tax-exempt financing option for developers, reducing reliance on upfront cash and improving project feasibility. The City currently offers the assessment district option, but the CFD option offers greater flexibility primarily in the ability to adjust the CFD tax rate by specific housing type or size. CSCDA handles all district formation, bond issuance, and administration, allowing the City to offer tax-exempt financing with less staff resource impact.
Environmental Impact:
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project that has the potential to result in either a 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(b)(5).
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: General Fund (1001)
Budget Distribution: The costs of staff time associated with this item are covered within the existing Finance Department operating budget.
Alternatives:
City Council could choose not to expand SCIP to include the CFD option and stay with the current assessment district option only.
Strategic Plan Goal:
Economic Development
Levine Act:
No
Attachments:
Action Item – Resolution with related Exhibits
Item 11.a
CITY OF VACAVILLE
RESOLUTION NO. 2026-
Amended and Restated Resolution of the City Council of the City of Vacaville Authorizing the City to Join the Statewide Community Infrastructure Program; Authorizing the California Statewide Communities Development Authority to Accept Applications From Property Owners, Conduct Special Assessment Proceedings and Levy Assessments and Special Taxes and to Form Assessment Districts and Community Facilities Districts Within the Territory of the City of Vacaville; Embodying a Joint Community Facilities Agreement Setting Forth the Terms and Conditions of Community Facilities District Financings; Approving Form of Acquisition Agreement for Use When Applicable; and Authorizing Related Actions
Whereas, the California Statewide Communities Development Authority (the “Authority”) is a joint exercise of powers authority, lawfully formed and operating within the State pursuant to an agreement (the “Joint Powers Agreement”) entered into as of June 1, 1988 under the authority of Title 1, Division 7, Chapter 5 (commencing with Section 6500) of the California Government Code (the “JPA Law”), the members of which include numerous cities, counties and local agencies in the State of California, including the City of Vacaville (the “City”); and Whereas, the Joint Powers Agreement authorizes the Authority to undertake financing programs under any applicable provisions of State law to promote economic development, the stimulation of economic activity, and the increase of the tax base within the jurisdictional boundaries of its members (such members, the “Program Participants”); and Whereas, as one of the Programs under the Joint Powers Agreement, the Authority has established the Statewide Community Infrastructure Program (“SCIP”) to allow the financing of certain public capital improvements to be constructed by or on behalf of property owners for acquisition by the City or another public agency (the “Improvements”) and improvements eligible for funding from certain development impact fees (the “Fees”) levied in accordance with the Mitigation Fee Act (California Government Code Sections 66000 and following) and other authority providing for the levy of fees on new development to pay for public capital improvements (collectively, the “Fee Act”) through the levy of special assessments pursuant to the Municipal Improvement Act of 1913 (Streets and Highways Code Sections 10000 and following) (the “1913 Act”) and the issuance of improvement bonds (the “Local Obligations”) under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 and following) (the “1915 Act”) upon the security of the unpaid special assessments; and Whereas, the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 (beginning with Section 53311) of the Government Code of the State (the “Mello- Roos Act”) is an applicable provision of State law available to, among other things, finance public improvements necessary to meet increased demands placed upon local agencies as a result of development; and
Item 11.a
Whereas, the Authority also uses SCIP to allow the financing of Fees and Improvements through the levy of special taxes and the issuance of Local Obligations under the Mello-Roos Act upon the security of the special taxes; and
Whereas, the City desires to allow the owners of property being developed within its jurisdiction (“Participating Developers”) to participate in SCIP and to allow the Authority to conduct proceedings and to form community facilities districts (“CFDs”) and to issue Local Obligations under the Mello-Roos Act, as well as to conduct assessment proceedings to form assessment districts (“Assessment Districts”) under the 1913 Act and to issue Local Obligations under the 1915 Act, to finance Fees levied on such properties and Improvements, provided that such Participating Developers voluntarily agree to participate and consent to the levy of such assessments or special taxes, as applicable; and
Whereas, from time to time when eligible property owners within the jurisdiction of the City elect to be Participating Developers, the Authority will conduct proceedings under the 1913 Act and the Mello-Roos Act and issue Local Obligations under the 1915 Act and the Mello-Roos Act to finance Fees payable by such property owners and Improvements and, at the conclusion of such proceedings, will levy assessments or special taxes, as applicable on such property within the territory of the City; and
Whereas, both the Authority and the City are “local agencies” under the Mello-Roos Act; and
Whereas, the Mello-Roos Act permits two or more local agencies to enter into a joint community facilities agreement to exercise any power authorized by the Mello-Roos Act; and
Whereas, the City desires to enter into such an agreement with the Authority to authorize the Authority to form CFDs from time to time within the territorial limits of the City to finance Fees payable by such property owners and Improvements; and
Whereas, the City has previously presented Resolution No. 2018-140 of the City Council of the City of Vacaville, authorizing the City to join the Statewide Community Infrastructure Program; authorizing the California Statewide Communities Development Authority to accept applications from property owners, conduct special assessment proceedings and levy assessments within the territory of the City of Vacaville; approving a form of acquisition agreement; and authorizing related actions (the “Original Resolution”), and such Original Resolution was adopted on November 13, 2018; and
Whereas, the City now wishes to amend and restate the Original Resolution; and
Whereas, there has been presented to this meeting a proposed form of Resolution of Intention to be adopted by the Authority in connection with assessment proceedings (the “ROI”), a copy of which is attached hereto as Exhibit A, and the territory within which assessments may be levied for SCIP (provided that each Participating Developer consents to such assessment) shall be coterminous with the City’s official boundaries of record at the time of adoption of such ROI (the “Proposed Boundaries”), and reference is hereby made to such boundaries for the plat or map required to be included in this Amended and Restated Resolution pursuant to Section 10104 of the Streets and Highways Code; and
Item 11.a
Whereas, there has also been presented to this meeting a proposed form of Acquisition Agreement (the “Acquisition Agreement”), a copy of which is attached hereto as Exhibit B, to be approved as to form for use with respect to any Improvements to be constructed and installed by a Participating Developer and for which the Participating Developer requests acquisition financing as part of its SCIP application; and
Whereas, the City will not be responsible for the conduct of any proceedings; the levy or collection of assessments or special taxes or any required remedial action in the case of delinquencies in such assessment or special tax payments; or the issuance, sale or administration of the Local Obligations or any other bonds issued in connection with SCIP; and
Whereas, pursuant to SCIP, the Authority periodically issues Local Obligations on behalf of the local agency participants in SCIP to provide financing for the Fees and Improvements and then concurrently issues its revenue bonds pursuant to the Marks-Roos Local Bond Pooling Act of 1985, consisting of Article 4 (commencing with Section 6584) of Chapter 5, Division 7, Title 1 of the California Government Code (the “Marks-Roos Act”), the proceeds of which are used to purchase the Local Obligations; and
Whereas, pursuant to Government Code Section 6586.5, notice was published at least five days prior to the adoption of this Amended and Restated Resolution at a public hearing, which was duly conducted by this City Council concerning the significant public benefits of SCIP and the financing of the Improvements and the public capital improvements to be paid for with the proceeds of the Fees; and
Now, therefore, be it resolved by the City Council of the City of Vacaville as follows:
Section 1. This Amended and Restated Resolution shall constitute full “local approval,” under Section 9 of the Joint Powers Agreement, and under the Authority’s Local Goals and Policies (defined below), for the Authority to undertake and conduct proceedings in accordance herewith and under the Mello Roos Act to form CFDs with boundaries that shall be coterminous with the City’s official boundaries of record at the time of such proceedings or any portion thereof (the “Proposed Boundaries”), and to authorize a special tax and to issue bonds with respect thereto; provided that the Participating Developers, who shall be the legal owners of such property at the time of formation of the CFD, execute a written consent to the levy of special tax in connection with SCIP by the Authority and execute a ballot in favor of the formation of such CFD and the Mello-Roos Act.
Section 2. The City hereby consents to the conduct of special assessment proceedings by the Authority in connection with SCIP pursuant to the 1913 Act and the issuance of Local Obligations under the 1915 Act on any property within the Proposed Boundaries; provided, that:
(1) Such proceedings are conducted pursuant to one or more Resolutions of Intention in substantially the form of the ROI; and
(2) The Participating Developers, who shall be the legal owners of such property at the time of the formation of the Assessment District, execute a written consent to the levy of assessments in connection with SCIP by the Authority and execute an assessment ballot in favor Item 11.a
of such assessment in compliance with the requirements of Section 4 of Article XIIID of the State Constitution.
Section 3. The Joint Powers Agreement, together with the terms and provisions of this Amended and Restated Resolution, shall together constitute a separate joint community facilities agreement between the City and the Authority under the Mello-Roos Act for each CFD formed. As, without this Amended and Restated Resolution, the Authority has no power to finance City Fees and/or City Improvements (as such terms are defined herein) in proceedings under the Mello-Roos Act to form the CFD, adoption by the Commission of the Authority of each Resolution of Intention to form a CFD under the Mello-Roos Act to finance City Fees and City Improvements shall constitute acceptance of the terms hereof by the Authority with respect to such CFD.
Section 4. This Amended and Restated Resolution and the agreement it embodies are determined to be beneficial to the residents/customers of the City and are in the best interests of the residents of the City, and of the future residents of the area within the proposed CFDs and Assessment Districts. The City hereby finds and declares that the issuance of revenue bonds by the Authority to purchase Local Obligations in connection with SCIP will provide significant public benefits, including without limitation, savings in effective interest rate, bond preparation, bond underwriting and bond issuance costs, and the more efficient delivery of local agency services to residential and commercial development within the City.
Section 5. The Authority has adopted Local Goals and Policies as required by Section 53312.7 of the Mello-Roos Act. The City approves the use of those Local Goals and Policies in connection with the formation of CFDs. The City hereby agrees that the Authority may act in lieu of the City under those Local Goals and Policies in forming and administering the CFDs.
Section 6. The Authority has prepared and will update from time to time the “SCIP Manual of Procedures” (the “Manual”), and the City will handle Fee revenues and funds for Improvements for properties participating in SCIP in accordance with the procedures set forth in the Manual.
Section 7. Pursuant to the Mello-Roos Act and this Amended and Restated Resolution, the Authority may conduct proceedings under the Mello-Roos Act to form the CFDs and to have such CFDs authorize the financing of any or all of the facilities and Fees set forth on Exhibit C, attached hereto. All of the facilities, whether to be financed directly or through Fees, shall be facilities that have an expected useful life of five years or longer and are facilities that the City or other local public agencies, as the case may be, are authorized by law to construct, own or operate, or to which they may contribute revenue. Exhibit C may be modified from time to time by written agreement between an authorized representative of the Authority and of the City. The facilities are referred to herein as the “Improvements,” and the Improvements to be owned by the City are referred to as the “City Improvements.” The Fees paid or to be paid to the City are referred to as the “City Fees.”
Section 8. For Fees paid or to be paid to another agency by any particular CFD (an “Other Local Agency”), the Authority will obtain the written consent of that Other Local Agency Item 11.a
before issuing Local Obligations to fund such Fees, as required by the Mello-Roos Act. For the Improvements to be owned by an Other Local Agency, the Authority will separately identify them in its proceedings, and will enter into a joint community facilities agreement with such Other Local Agency prior to issuing Local Obligations to finance such Improvements, as required by the Mello- Roos Act. Each joint community facilities agreement with each Other Local Agency will contain a provision that the Other Local Agency will provide indemnification to the City to the same extent that the City provides indemnification to the Other Local Agency under the terms of this Amended and Restated Resolution.
Section 9. At the time of formation of each CFD, the City will certify to the Commission of the Authority that all of the City Improvements including the improvements to be constructed or acquired with the proceeds of City Fees to be funded by such CFD are necessary to meet increased demands placed upon the City as a result of development occurring or expected to occur within the proposed CFDs in the form attached hereto as Exhibit D. Any appropriate officer or staff of the City is authorized to execute and deliver such certificate in substantially the form attached hereto as Exhibit D, with such changes as such signatory shall approve. Joint community facilities agreements with other local agencies will each contain a requirement that each Other Local Agency will make identical certification in connection with respect to the Improvements to be owned by, and Fees paid or to be paid to, such Other Local Agency equivalent to that made by the City in this paragraph.
Section 10. The Authority will apply the special tax collections initially as required by the documents under which any Local Obligations are issued; and thereafter, to the extent not provided in the Local Obligations documents, may pay its own reasonable administrative costs incurred in the administration of the CFDs. The Authority will remit any special tax revenues from any particular CFD remaining after the final retirement of all related Local Obligations to the City and to the other local agencies in the proportions specified in the Authority’s proceedings. The City will apply any such special tax revenues it receives for authorized City Improvements or City Fees and its own administrative costs only as permitted by the Mello-Roos Act. The joint community facilities agreements with each Other Local Agency must require the Other Local Agency to apply the special tax revenues they receive for their authorized Improvements and Fees under the CFDs and for their own related administrative costs only as permitted by the Mello- Roos Act.
Section 11. The Authority will administer the CFDs, including employing and paying all consultants, annually levying the special tax and all aspects of paying and administering the Local Obligations, and complying with all State and Federal requirements appertaining to the proceedings, including the requirements of the United States Internal Revenue Code. The City will cooperate fully with the Authority in respect of the requirements of the Internal Revenue Code and to the extent information is required of the City to enable the Authority to perform its disclosure and continuing disclosure obligations with respect to the Local Obligations and any revenue bonds, although the City will not participate in nor be considered to be a participant in the proceedings respecting the CFDs (other than as a party to the agreement embodied by this Item 11.a
Amended and Restated Resolution) nor will the City be or be considered to be an issuer of the Local Obligations nor any revenue bonds. The Authority is required to obtain a provision equivalent to this paragraph in all joint community facilities agreements with each Other Local Agency.
Section 12. In the event the Authority completes issuance and sale of Local Obligations, and Local Obligation proceeds become available to finance the Improvements, the Authority shall establish and maintain a special fund for each development project (the “Acquisition and Construction Fund”). The portion of Local Obligation proceeds which is intended to be utilized to finance the Improvements and Fees shall be deposited in the Acquisition and Construction Fund. The Acquisition and Construction Fund will be available both for City Improvements and City Fees and for the Improvements and Fees pertaining to each Other Local Agency. Subaccounts shall be created as necessary.
Section 13. As respects the Authority and each Other Local Agency, the City agrees to fully administer, and to take full governmental responsibility for, the construction or acquisition of the City Improvements and for the administration and expenditure of the City Fees including but not limited to environmental review, approval of plans and specifications, bid requirements, performance and payment bond requirements, insurance requirements, contract and construction administration, staking, inspection, acquisition of necessary property interests in real or personal property, the holding back and administration of retention payments, punch list administration, and the Authority and each Other Local Agency shall have no responsibility in that regard. The City reserves the right, as respects each Participating Developer, to require the Participating Developer to contract with the City to assume any portion or all of this responsibility. The Authority is required to obtain provisions equivalent to this paragraph in the joint community facilities agreement with each Other Local Agency.
Section 14. The City agrees to indemnify and to hold the Authority, its other members, and its other members’ officers, agents and employees, and each Other Local Agency and their officers, agents and employees (collectively, the “Indemnified Parties”) harmless from any and all claims, suits and damages (including costs and reasonable attorneys’ fees) arising out of the design, engineering, construction and installation of the City Improvements and the improvements to be financed or acquired with the City Fees. The City reserves the right, as respects each Participating Developer, to require the Participating Developer to assume by contract with the City any portion or all of this responsibility. The Authority is required to obtain a provision equivalent to this paragraph in all joint community facilities agreements with each Other Local Agency naming the City and its officers, agents and employees as Indemnified Parties with respect to each Other Local Agency’s respective Improvements and the improvements to be constructed or acquired with each Other Local Agency’s Fees.
Section 15. As respects the Authority and each Other Local Agency, the City agrees – once the City Improvements are constructed according to the approved plans and specifications, and the City and the Participating Developer have put in place their agreed arrangements for the Item 11.a
funding of maintenance of the City Improvements – to accept ownership of the City Improvements, to take maintenance responsibility for the City Improvements, and to indemnify and hold harmless the Indemnified Parties to the extent provided in the preceding paragraph from any and all claims, etc., arising out of the use and maintenance of the City Improvements. The City reserves the right, as respects the Participating Developer, to require the Participating Developer by contract with the City to assume any portion or all of this responsibility. The Authority is required to obtain a provision equivalent to this paragraph in all joint community facilities agreements with each Other Local Agency naming the City and its officers, agents and employees as Indemnified Parties.
Section 16. The City acknowledges the requirement of the Mello-Roos Act that if the City Improvements are not completed prior to the adoption by the Commission of the Authority of the Resolution of Formation of the CFD for each respective development project, the City Improvements must be constructed as if they had been constructed under the direction and supervision, or under the authority of, the City. The City acknowledges that this means all City Improvements must be constructed under contracts that require the payment of prevailing wages as required by Section 1720 and following of the Labor Code of the State of California. The Authority makes no representation that this requirement is the only applicable legal requirement in this regard. The City reserves the right, as respects the Participating Developer, to assign appropriate responsibility for compliance with this paragraph to the Participating Developer.
Section 17. The form of the Acquisition Agreement attached hereto as Exhibit B is hereby approved, and the City Manager or such officer’s designee (the “Authorized Officer”) is authorized to execute, and deliver to the Participating Developer, the Acquisition Agreement on behalf of the City in substantially that form, with such changes as shall be approved by the Authorized Officer after consultation with the City Attorney and the Authority’s bond counsel, such approval to be conclusively evidenced by the execution and delivery thereof.
Section 18. After completion of the City Improvements and appropriate arrangements for the maintenance of the City Improvements, or any discrete portion thereof as provided in Section 53313.51 of the Mello-Roos Act and in the Acquisition Agreement, to the satisfaction of the City, and in conjunction with the City’s acceptance thereof, acquisition of the City Improvements shall be undertaken as provided in the Acquisition Agreement.
Section 19. The City hereby consents to the formation of the CFDs in accordance with this Amended and Restated Resolution and consents to the assumption of jurisdiction by the Authority for the proceedings respecting the CFDs with the understanding that the Authority will hereafter take each and every step required for or suitable for consummation of the proceedings, the levy, collection and enforcement of the special tax, and the issuance, sale, delivery and administration of the Local Obligations, all at no cost to the City and without binding or obligating the City’s general fund or taxing authority.
Item 11.a
Section 20. The terms of the Agreement embodied by this Amended and Restated Resolution may be amended by a writing duly authorized, executed and delivered by the City and the Authority, except that no amendment may be made after the issuance of the Local Obligations by the Authority that would be detrimental to the interests of the bondholders without complying with all of the bondholder consent provisions for the amendment of the bond resolutions, bond indentures or like instruments governing the issuance, delivery and administration of all outstanding Local Obligations.
Section 21. Except to the extent of the indemnifications extended to each Other Local Agency in the Agreement embodied by this Amended and Restated Resolution, and the City’s agreement to take responsibility for and ownership of the City Improvements, no person or entity, including the Participating Developer, shall be deemed to be a third party beneficiary of this Amended and Restated Resolution, and nothing in this Amended and Restated Resolution (either express or implied) is intended to confer upon any person or entity other than the Authority and the City (and their respective successors and assigns) any rights, remedies, obligations or liabilities under or by reason of this Amended and Restated Resolution.
Section 22. The City shall be identified as a third-party beneficiary of all joint community facilities agreements between the Authority and each Other Local Agency to the extent of the indemnification provisions and the provisions whereby each Other Local Agency agrees to take responsibility for and ownership of their Improvements.
Section 23. The appropriate officials and staff of the City are hereby authorized and directed to make SCIP applications available to all property owners who are subject to Fees for new development within the City and/or who are conditioned to install Improvements and to inform such owners of their option to participate in SCIP; provided, that the Authority shall be responsible for providing such applications and related materials at its own expense. The staff persons listed on the attached Exhibit E, together with any other staff persons chosen by the City Manager from time to time, are hereby designated as the contact persons for the Authority in connection with SCIP.
Section 24. The appropriate officials and staff of the City are hereby authorized and directed to execute and deliver such closing certificates, requisitions, agreements and related documents, including but not limited to such documents as may be required by bond counsel in connection with the participation in SCIP of any districts, authorities or other third-party entities entitled to own Improvements and/or to levy and collect fees on new development to pay for public capital improvements within the jurisdiction of the City, as are reasonably required by the Authority in accordance with the Manual to implement SCIP and to evidence compliance with the requirements of federal and state law in connection with the issuance by the Authority of the Local Obligations and any other bonds for SCIP. To that end, and pursuant to Treasury Regulations Section 1.150-2, the staff persons listed on Exhibit E, or other staff person acting in the same capacity for the City with respect to SCIP, are hereby authorized and designated to declare the Item 11.a
official intent of the City with respect to the public capital improvements to be paid or reimbursed through participation in SCIP.
Section 25. This Amended and Restated Resolution shall take effect immediately upon its adoption. The City Clerk of the City of Vacaville is hereby authorized and directed to transmit a certified copy of this Amended and Restated Resolution to the Secretary of the Authority. This Amended and Restated Resolution shall remain in force with respect to any Assessment District and CFD formed until all Local Obligations have been retired and the authority to levy the special tax conferred by any CFD proceedings and to levy the assessment conferred by any assessment proceedings has ended or is otherwise terminated. The Original Resolution shall remain in force with respect to any SCIP application approved by the City and any Assessment District formed pursuant to its authority until all Local Obligations have been retired and the authority to levy the assessment conferred by any assessment proceedings carried out pursuant to the Original Resolution has ended or is otherwise terminated.
I hereby certify that the foregoing resolution was introduced and passed at the regular meeting of the City Council of the City of Vacaville held on the 11th day of August 2026 by the following vote:
Ayes:
Noes:
Absent:
Attest:
_____________________________
Michelle A. Thornbrugh, City Clerk
Item 11.a
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4160-6143-3149.1
EXHIBIT A TO THE RESOLUTION
FORM OF RESOLUTION OF INTENTION
TO BE ADOPTED BY CSCDA
RESOLUTION NO. __SCIP-
RESOLUTION OF INTENTION OF THE CALIFORNIA STATEWIDE
COMMUNITIES DEVELOPMENT AUTHORITY TO FINANCE CAPITAL
IMPROVEMENTS AND/OR THE PAYMENT OF DEVELOPMENT IMPACT
FEES FOR PUBLIC CAPITAL IMPROVEMENTS IN THE PROPOSED
STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM ASSESSMENT
DISTRICT NO. ___ ([NAME OF PROJECT]) [CITY OF _________], [COUNTY OF _________] , APPROVING A PROPOSED BOUNDARY MAP, MAKING
CERTAIN DECLARATIONS, FINDINGS AND DETERMINATIONS
CONCERNING RELATED MATTERS, AND AUTHORIZING RELATED
ACTIONS IN CONNECTION THEREWITH
WHEREAS, under the authority of the Municipal Improvement Act of 1913 (the “1913 Act”), being Division 12 (commencing with Sections 10000 and following) of the California Streets and Highways Code (the “Code”), the Commission (the “Commission”) of the California S tatewide Communities Development Authority (the “Authority”) intends to finance, through its Statewide Community Infrastructure Program, the payment of certain development impact fees for public improvements (the “Improvement Fees”) and/or to finance certa in public capital improvements to be constructed by or on behalf of the property owner(s) and to be acquired by the [City/County] of [__________] or another local agency (the “Improvements”) as described in Exhibit A attached hereto and by this reference incorporated herein, all of which are of benefit to the property within the proposed Statewide Community Infrastructure Program Assessment District No. ___ ([name of project]) [City of __________], [County of __________] (the “Assessment District”);
WHEREAS, the Commission finds that the land specially benefited by the Improvements and/or the Improvement Fees is shown within the boundaries of the map entitled “Proposed Boundaries of California Statewide Communities Development Authority Statewide Community Infrastructure Program Assessment District No. ___ ([name of project]) [City of __________], [County of __________], State of California,” a copy of which map is on file with the Secretary and presented to this Commission meeting, and determines that the land within the exterior boundaries shown on the map shall be designated “Statewide Community Infrastructure Program Assessment District No. ___ ([name of project]) [City of __________], [County of __________], State of California”; WHEREAS, the [City/County] of [__________] is a member of the Authority and has approved the adoption on its behalf of this Resolution of Intention and has consented to the levy of the assessments in the Assessment District;
NOW, THEREFORE, BE IT RESOLVED that the Commission of the California Statewide Communities Development Authority hereby finds, determines and resolves as follows:
Section 1. The above recitals are true and correct.
Section 2. Pursuant to Section 2961 of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (the “1931 Act”), being Division 4 (commencing with Section 2800) of the Item 11.a
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Code, the Commission hereby declares its intent to comply with the requirements of the 1931 Act by complying with Part 7.5 thereof.
Section 3. The Commission has designated a registered, professional engineer as Engineer of Work for this project, and hereby directs said firm to prepare the report containing the matters required by Sections 2961(b) and 10204 of the Code, as supplemented by Section 4 of Article XIIID of the California Constitution.
Section 4. The proposed boundary map of the Assessment District is hereby approved and adopted. Pursuant to Section 3111 of the Code, the Secretary of the Authority is directed to file a copy of the map in the office of the County Recorder of the [County of __________] within fifteen (15) days of the adoption of this resolution.
Section 5. The Commission determines that the cost of financing the Improvements and/or the payment of the Improvement Fees shall be specially assessed against the lots, pieces or parcels of land within the Assessment District benefiting from the financing of the Imp rovements and/or the payment of the Improvement Fees. The Commission intends to levy a special assessment upon such lots, pieces or parcels in accordance with the special benefit to be received by each such lot, piece or parcel of land, respectively, from the financing of the Improvements and/or the payment of the Improvement Fees.
Section 6. The Commission intends, pursuant to subparagraph (f) of Section 10204 of the Code, to provide for an annual assessment upon each of the parcels of land in the proposed Assessment District to pay various costs and expenses incurred from time to time by the Authority and not otherwise reimbursed to the Authority which result from the administration and collection of assessment installments or from the administration or registration of the improvement bonds and the various funds and accounts pertaining thereto.
Section 7. Bonds representing unpaid assessments, and bearing interest at a rate not to exceed twelve percent (12%) per annum, will be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10 of the Code), and the last installment of the bonds s hall mature not to exceed twenty- nine (29) years from the second day of September next succeeding twelve (12) months from their date.
Section 8. The procedure for the collection of assessments and advance retirement of bonds under the Improvement Bond Act of 1915 shall be as provided in Part 11.1 thereof.
Section 9. Neither the Authority nor any member agency thereof will obligate itself to advance available funds from its or their own funds or otherwise to cure any deficiency which may occur in the bond redemption fund. A determination not to obligate itself shall not prevent the Authority or any such member agency from, in its sole discretion, so advancing funds.
Section 10. The amount of any surplus remaining in the improvement fund after acquisition of the Improvements and/or payment of Improvement Fees and all other claims shall be distributed in accordance with the provisions of Section 10427.1 of the Code.
Section 11. To the extent any Improvement Fees are paid to the Authority in cash with respect to property within the proposed Assessment District prior to the date of issuance of the bonds, the amounts so paid shall be reimbursed from the proceeds of the bonds to the property owner or developer that made the payment.
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PASSED AND ADOPTED by the California Statewide Communities Development Authority this ___ day of ______, 20__.
I, the undersigned, an Authorized Signatory of the California Statewide Communities Development Authority, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Commission of the Authority at a duly called meeting of the Commission of the Authority held in accordance with law on _____ __ , 20__.
By
Authorized Signatory
California Statewide Communities
Development Authority
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EXHIBIT A TO THE RESOLUTION OF INTENTION
DESCRIPTION OF WORK
The payment of development impact fees levied within the Assessment District and/or public capital improvements to be acquired and owned by the [City/County] of [__________] or another local agency upon or for the benefit of parcels within the Assessment District, for the project known as [Project Name], which are authorized to be financed pursuant to the Municipal Improvement Act of 1913 and as to which the owners of the applicable parcels within the Assessment District have applied for participation in SCIP, as more particularly described below.
PAYMENT OF IMPACT FEES
CAPITAL IMPROVEMENTS*
*Capital improvements includes funding for incidental costs associated with the capital improvements, including but not limited to, contingency, design, engineering, and construction management [End of Form of Resolution of Intention]
Item 11.a
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EXHIBIT B TO THE RESOLUTION
FORM OF ACQUISITION AGREEMENT
_____________________
CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY
STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM
ACQUISITION AGREEMENT
BY AND BETWEEN
CITY OF VACAVILLE
AND
[DEVELOPER]
Dated as of _______, 20__
Item 11.a
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ACQUISITION AGREEMENT
Recitals
A. The parties to this Acquisition Agreement (the “Agreement”) are the [CITY/COUNTY] OF [__________], (the “Local Agency”), and [DEVELOPER], a [indicate type of legal entity] (the “Developer”).
B. The effective date of this Agreement is ________, 20__.
C. The Developer has applied for the financing of, among other things, certain public capital improvements to be owned by the Local Agency (collectively, the “Acquisition Improvements”) through the California Statewide Communities Development Authority (the “Authority”) and its Statewide Community Infrastructure Program (“SCIP”). [ For CFDS:][The Acquisition Improvements are to be owned and operated by the Local Agency, and the financing is to be accomplished through a community facilities district which will be administered by the Authority under and pursuant to the Mello-Roos Community Facilities Act of 1982 – California Government Code Sections 53311 and following (the “Act”). On [__________], 20[_], the Local Agency entered into a Joint Community Facilities Agreement authorizing the Authority to form a community facilities district (the “District”) within the territorial limits of the Local Agency to finance, among other things, the Acquisition Improvements. On [__________], 20[_], the Authority formed the District and, on the same date, a landowner election was conducted in which all of the votes were cast unanimously in favor of conferring the District authority on the Authority Commission.] [ For Assessment Districts:][The Acquisition Improvements are to be owned and operated by the Local Agency, and the financing is to be accomplished through an assessment district (the “District”) which will be administered by the Authority under and pursuant to Municipal Improvement Act of 1913 (Streets and Highways Code Sections 10000 and following) (the “1913 Act”) and the issuance of improvement bonds (the “Local Obligations”) under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 and following) (the “1915 Act” and, together with the “1913 Act” the “Act”).] D. The administration, payment and reimbursement of the capital facilities fees is agreed to be governed by the provisions of the SCIP Manual of Procedures as it may be amended from time to time. The administration, payment and reimbursement of the Acquisition Improvements shall be as provided herein.
E. Under SCIP, the Authority intends to levy [assessments] [special taxes] and issue bonds, in one or more series, to fund, among other things, all or a portion of the costs of the Acquisition Improvements. The portion of the proceeds of the [special taxes and] bonds allocable to the cost of the Acquisition Improvements, together with interest earned thereon, is referred to herein as the “Available Amount”.
F. The Authority will provide financing for the acquisition by the Local Agency of the Acquisition Improvements and the payment of the Acquisition Price (as defined herein) of the Acquisition Improvements from the Available Amount. Attached hereto as Exhibit A is a description of the Acquisition Improvements, which includes authorized discrete and usable portions, if any, of the public capital improvements, [pursuant to Section 53313.51 of the Act,] to Item 11.a
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be acquired from the Developer.
G. The parties anticipate that, upon completion of the Acquisition Improvements and subject to the terms and conditions of this Agreement, the Local Agency will acquire such completed Acquisition Improvements with the Available Amount.
H. Any and all monetary obligations of the Local Agency arising out of this Agreement are the special and limited obligations of the Local Agency payable only from the Available Amount, and no other funds whatsoever of the Local Agency shall be obligated therefor.
I. Attached to this Agreement are Exhibit A (Acquisition Improvements and the Eligible Portions thereof) and Exhibit B (Form of Requisition), which are incorporated into this Agreement for all purposes.
In consideration of Recitals A through I, inclusive, and the mutual covenants, undertakings and obligations set forth below, the Local Agency and the Developer agree as stated below.
Agreement
ARTICLE I
DEFINITIONS; DISTRICT FORMATION AND
FINANCING PLAN
Section 1.01. Definitions. As used herein, the following capitalized terms shall have the meanings ascribed to them below:
“Acceptable Title” means free and clear of all monetary liens, encumbrances, assessments, whether any such item is recorded or unrecorded, and taxes, except those items which are reasonably determined by the Local Agency Engineer not to interfere with the intended use and therefore are not required to be cleared from the title. “Acquisition and Construction Fund” means the “[Name of Local Agency] Acquisition and Construction Fund” established by the Authority pursuant to Section 1.03 hereof for the purpose of paying the Acquisition Price of the Acquisition Improvements and which fund may be held as a subaccount within a fund established under the Authority Trust Agreement and may be commingled with acquisition and construction fund monies available for other public capital improvements.
“Acquisition Improvement” shall have the meaning assigned to such term in the recitals and are further described in Exhibit A.
“Acquisition Price” means the total amount eligible to be paid to the Developer upon acquisition of an Acquisition Improvement as provided in Section 2.03 not to exceed the Actual Cost of the Acquisition Improvement.
“Act” has the meaning ascribed thereto in Recital C.
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“Actual Cost” means the total cost of an Acquisition Improvement, as documented by the Developer to the satisfaction of the Local Agency and as certified by the Local Agency Engineer in an Actual Cost Certificate including, without limitation, (a) the Developer’s cost of constructing such Acquisition Improvement including grading, labor, material and equipment costs, (b) the Developer’s cost of designing and engineering the Acquisition Improvement, preparing the plans and specifications and bid documents for such Acquisition Improvement, and the costs of inspection, materials testing and construction staking for such Acquisition Improvement, (c) the Developer’s cost of any performance, payment and maintenance bonds and insurance, including title insurance, required hereby for such Acquisition Improvement, (d) the Developer’s cost of any real property or interest therein that is either necessary for the construction of such Acquisition Improvement (e.g., temporary construction easements, haul roads, etc.), or is required to be conveyed with such Acquisition Improvement in order to convey Acceptable Title thereto to the Local Agency or its designee, (e) the Developer’s cost of environmental evaluation or mitigation required for such Acquisition Improvement, (f) the amount of any fees actually paid by the Developer to governmental agencies in order to obtain permits, licenses or other necessary governmental approvals and reviews for such Acquisition Improvement, (g) the Developer’s cost for construction and projec t management, administration and supervision services for such Acquisition Improvement, (h) the Developer’s cost for professional services related to such Acquisition Improvement, including engineering, accounting, legal, financial, appraisal and similar professional services, and (i) the costs of construction financing incurred by the Developer with respect to such Acquisition Improvement.
“Actual Cost Certificate” means a certificate prepared by the Developer detailing the Actual Cost of an Acquisition Improvement, or an Eligible Portion thereof, to be acquired hereunder, as may be revised by the Local Agency Engineer pursuant to Section 2.03. “Agreement” means this Acquisition Agreement, dated as of [_______________], 20[_]. “Authority” means the California Statewide Communities Development Authority. “Authority Trust Agreement” means a Trust Agreement entered into by the Authority and an Authority Trustee in connection with the issuance of bonds. “Authority Trustee” means the financial institution identified as trustee in an Authority Trust Agreement.
“Available Amount” shall have the meaning assigned to the term in Recital E. “Bonds” means bonds or other indebtedness issued by the Authority as tax- exempt or taxable bonds or other indebtedness, in one or more series, that is to be repaid by the District. “Code” means the Streets and Highways Code or the Government Code of the State of California, as applicable.
“Developer” means [Developer], its successors and assigns. “Disbursement Request Form” means a requisition for payment of funds from the Acquisition and Construction Fund for an Acquisition Improvement, or an Eligible Portion thereof Item 11.a
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in substantially the form contained in Exhibit B hereto. “District” shall have the meaning assigned to the term in Recital C. “Eligible Portion” shall have the meaning ascribed to it in Section 2.03 below. “Installment Payment” means an amount equal to ninety percent (90%) of the Actual Cost of an Eligible Portion.
“Local Agency” means the City of Vacaville.
“Local Agency Engineer” means the Engineer of the Local Agency or his/her designee who will be responsible for administering the acquisition of the Acquisition Improvements hereunder.
“Project” means the Developer’s development of the property in the District, including the design and construction of the Acquisition Improvements and the other public and private improvements to be constructed by the Developer within the District. [“Special Taxes” means annual special taxes, and prepayments thereof, authorized by the District to be levied by the Commission of the Authority.] “Title Documents” means, for each Acquisition Improvement acquired hereunder, a grant deed or similar instrument necessary to transfer title to any real property or interests therein (including easements), or an irrevocable offer of dedication of such real property with interests therein necessary to the operation, maintenance, rehabilitation and improvement by the Local Agency of the Acquisition Improvement (including, if necessary, easements for ingress and egress) and a bill of sale or similar instrument evidencing transfer of title to the Acquisition Improvement (other than said real property interests) to the Local Agency, where applicable.
Section 1.02. Participation in SCIP. [For CFDs:][The Local Agency has entered into a Joint Community Facilities Agreement with the Authority for the purpose of accepting applications from time to time of developers within the Local Agency’s jurisdictional boundaries.] Developer has applied for financ ing through SCIP of the Acquisition Improvements, and such application has been approved by the Local Agency. Developer and Local Agency agree that until and unless such financing is completed by the Authority and the Available Amount is deposited in the Acquisition Account (as defined in Section 1.03 below) , neither the Developer nor the Local Agency shall have any obligations under this agreement. Developer agrees to cooperate with the Local Agency and the Authority in the completion of SCIP financing for the Acquisition Improvements.
Section 1.03. Deposit and Use of Available Amount.
(a) Upon completion of the SCIP financing, the Available Amount will be deposited by the Authority in the Acquisition Account.
(b) The Authority will cause the SCIP Trustee to establish and maintain an account ( the “Acquisition Account ”) for the purpose of holding all funds for the Acquisition Item 11.a
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Improvements. All earnings on amounts in the Acquisition and Construction Fund shall remain in the Acquisition and Construction Fund for use as provided herein and pursuant to the Authority Trust Agreement. Money in the Acquisition and Construction Fund shall be available to respond to delivery of a Disbursement Request Form and to be paid to the Developer or its designee to pay the Acquisition Price of the Acquisition Improvements, as specified in Article II hereof. Upon completion of all of the Acquisi tion Improvements and the payment of all costs thereof, any remaining funds in the Acquisition and Construction Fund (less any amount determined by the Local Agency as necessary to reserve for claims against the account) (i) shall be applied to pay the costs of any additional Acquisition Improvements eligible for acquisition with respect to the Project as approved by the Authority and, to the extent not so used, (ii) shall be applied by the Authority [to call Bonds or to reduce Special Taxes as the Authority shall determine][as provided in Section 10427.1 of the Code to pay a portion of the assessments levied on the Project property in the District].
Section 1.04. No Local Agency Liability; Local Agency Discretion; No Effect on Other Agreements. In no event shall any actual or alleged act by the Local Agency or any actual or alleged omission or failure to act by the Local Agency with respect to SCIP subject the Local Agency to monetary liability therefor. Further, nothing in this Agreement sha ll be construed as affecting the Developer’s or the Local Agency’s duty to perform their respective obligations under any other agreements, public improvement standards, land use regulations or subdivision requirements related to the Project, which obligat ions are and shall remain independent of the Developer’s and the Local Agency’s rights and obligations under this Agreement.
ARTICLE II
DESIGN, CONSTRUCTION AND ACQUISITION OF ACQUISITION IMPROVEMENTS Section 2.01. Letting and Administering Design Contracts. The parties presently anticipate that the Developer has awarded and administered or will award and administer engineering design contracts for the Acquisition Improvements to be acquired from Developer.
All eligible expenditures of the Developer for de sign engineering and related costs in connection with the Acquisition Improvements (whether as an advance to the Local Agency or directly to the design consultant) shall be reimbursed at the time of acquisition of such Acquisition Improvements. The Developer shall be entitled to reimbursement for any design costs of the Acquisition Improvements only out of the Acquisition Price as provided in Section 2.03 and shall not be entitled to any payment for design costs independent of or prior to the acquisition of Acquisition Improvements.
Section 2.02. Letting and Administration of Construction Contracts ; Indemnification. State law requires that all Acquisition Improvements not completed prior to the formation of the District shall be constructed as if they were constructed under the direction and supervision, or under the authority, of the Local Agency. In order to assure compliance with those provisions, except for any contracts entered into prior to the date hereof, Developer agrees to comply with the requirements set forth in Exhibit C hereto with respect to the bidding and contracting for the construction of the Acquisition Improvements. The Developer agrees that all the contracts shall call for payment of prevailing wages as required by the Labor Code of the State Item 11.a
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of California. The Developer’s indemnification obligation set forth in Section 3.01 of this Agreement shall also apply to any alleged failure to comply with the requirements of this Section, and/or applicable State laws regarding public contracting and prevailing wages.
Section 2.03. Sale of Acquisition Improvements. The Developer agrees to sell to the Local Agency each Acquisition Improvement to be constructed by Developer (including any rights-of-way or other easements necessary for the Acquisition Improvements, to the extent not already publicly owned), when the Acquisition Improvement is has been constructed and is complete to the satisfaction of the Local Agency for an amount not to exceed the lesser of (i) the Available Amount or (ii) the Actual Cost of the Acquisition Improvement. Exhibit A, attached hereto and incorporated herein, contains a list of the Acquisition Improvements. Portions of an Acquisition Improvement eligible for Installment Payments prior to completion of the entire Acquisition Improvement are described as eligible, discrete and usable portions in Exhibit A (each, an “Eligible Portion”). At the time of completion of each Acquisition Improvement, or Eligible Portion thereof, the Developer shall deliver to the Local Agency Engineer a written request for acquisition, accompanied by an Actual Cost Certificate, and by executed Title Documents for the transfer of the Acquisition Improvement where necessary. In the event that the Local Agency Engineer finds that the supporting paperwork submitted by the Developer fails to demonstrate the required relationship betw een the subject Actual Cost and eligible work, the Local Agency Engineer shall advise the Developer that the determination of the Actual Cost (or the ineligible portion thereof) has been disallowed and shall request further documentation from the Developer.
If the further documentation is still not adequate, the Local Agency Engineer may revise the Actual Cost Certificate to delete any disallowed items and the determination shall be final and conclusive.
Certain soft costs for the Acquisition Improvements, such as civil engineering, may have been incurred pursuant to single contracts that include work relating also to the private portions of the Project. In those instances, the total costs under such cont racts will be allocated to each Acquisition Improvement as approved by the Local Agency Engineer. Where a specific contract has been awarded for design or engineering work relating solely to an Acquisition Improvement, one hundred percent (100%) of the costs under the contract will be allocated to that Acquisition Improvement. Amounts allocated to an Acquisition Improvement will be further allocated among the Eligible Portions of that Acquisition Improvement, if any, in the same proportion as the amount to be reimbursed for hard costs for each Eligible Portion bears to the amount to be reimbursed for hard costs for the entire Acquisition Improvement. Costs will be allocated to each Acquisition Improvement as approved by the Local Agency Engineer. The cos ts of certain environmental mitigation required to mitigate impacts of the public and private portions of the Project will be allocated to each Acquisition Improvement as approved by the Local Agency Engineer.
In the event that the Actual Cost is in excess of the Available Amount, the Local Agency shall withdraw the Available Amount from the Acquisition Account and transfer said amount to the Developer. In the event that the Actual Cost is less than the Available Amount, the Local Agency shall withdraw an amount from the Acquisition Account equal to the Actual Cost, and shall transfer said amount to the Developer. Any amounts then remaining in the Acquisition Account shall be applied as provided in Section 1.03.
In no event shall the Local Agency be required to pay the Developer more than the amount on deposit in the Acquisition Account at the time such payment is requested.
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Section 2.04. Conditions Precedent to Payment of Acquisition Price. Payment to the Developer or its designee of the Acquisition Price for an Acquisition Improvement from the Acquisition and Construction Fund shall in every case be conditioned first upon the determination of the Local Agency Engineer, pursuant to Section 2.03, that the Acquisition Improvement satisfies all Local Agency regulations and ordinances and is otherwise complete and ready for acceptance by the Local Agency, and shall be further conditioned upon satisfaction of the following additional conditions precedent:
(a) The Developer shall have provided the Local Agency with lien releases or other similar documentation satisfactory to the Local Agency Engineer as evidence that none of the property (including any rights -of-way or other easements necessary for the operation and maintenance of the Acquisition Improvement, to the extent not already publicly owned) comprising the Acquisition Improvement, and the property which is subject to the [assessments/Special Taxes] of the District, is not subject to any prospective mechanics lien claim respecting the Acquisition Improvements.
(b) All due and payable property taxes, and installments of [assessments/Special Taxes] shall be current on property owned by the Developer or under option to the Developer that is subject to the lien of the District. (c) The Developer shall certify that it is not in default with respect to any loan secured by any interest in the Project.
(d) The Developer shall have provided the Local Agency with Title Documents needed to provide the Local Agency with title to the site, right -of-way, or easement upon which the subject Acquisition Improvements are situated. All such Title Documents shall be in a form acceptable to the Local Agency (or applicable governmental agency) and shall convey Acceptable Title. The Developer shall provide a policy of title insurance as of the date of transfer in a form acceptable to the Local Agency Engineer insuring the Local Agency as to the interests acquired in connection with the acquisition of any interest for which such a policy of title insurance is not required by another agreement between the Local Agency and the Developer. Each title insurance policy required hereunder shall be in the amount equal to or greater than the Acquisition Price.
Section 2.05. SCIP Requisition . Upon a determination by the Local Agency Engineer to pay the Acquisition Price of the Acquisition Improvements pursuant to Section 2.04, the Local Agency Engineer shall cause a SCIP Requisition to be submitted to the Program Administrator. The Program Administrator will review the SCIP Requisition and forward it with instructions to the SCIP Trustee and the SCIP Trustee shall make payment directly to the Developer of such amount pursuant to the SCIP Trust Agreement. The Local Agency and the Developer acknowledge and agree that the SCIP Trustee shall make payment strictly in accordance with the SCIP Requisition and shall not be required to determine whether or not the Acquisition Improvements have been completed or what the Actual Costs may be with respe ct to such Acquisition Improvements. The SCIP Trustee shall be entitled to rely on the SCIP Requisition on its face without any further duty of investigation.
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ARTICLE III
MISCELLANEOUS
Section 3.01. Indemnification and Hold Harmless . The Developer hereby assumes the defense of, and indemnifies and saves harmless the Local Agency, the Authority, and each of its respective officers, directors, employees and agents, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from or alleged to have resulted from the acts or omissions of the Developer or its agents and employees in the performance of this Agreement, or arising out of any contract for the design, engineering and construction of the Acquisition Improvements or arising out of any alleged misstatements of fact or alleged omission of a material fact made by the Developer, its officers, directors, employees or agents to the Authority's underwriter, financial advisor, appraiser, district engineer or bond counsel or regarding the Developer, its proposed developments, its property ownership and its contractual arrangements contained in the official statement relating to the SCIP financing (provided that the Developer shall have been furnished a copy of such official statement and shall not have objected thereto); and provided, further, that nothing in this Section 3.01 shall limit in any manner the Local Agency’s rights against any of the Developer’s architects, engineers, contractors or other consultants. Except as set forth in this Section 3.01, no provision of this Agreement shall in any way limit the extent of the responsibility of the Developer for payment of damages resulting from the operations of the Developer, its agents and employees. Nothing in this Section 3.01 shall be understood or construed to mean that the Developer agrees to indemnify the Local Agency, the Authority or any of its respective officers, directors, employees or agents, for any negligent or wrongful acts or omissions to act of the Local Agency, Authority its officers, employees, agents or any consultants or contractors.
Section 3.02. Audit. The Local Agency shall have the right, during normal business hours and upon the giving of ten days’ written notice to the Developer, to review all books and records of the Developer pertaining to costs and expenses incurred by the Developer (for which the Developer seeks reimbursement) in constructing the Acquisition Improvements.
Section 3.03. Cooperation. The Local Agency and the Developer agree to cooperate with respect to the completion of the SCIP financing for the Acquisition Improvements.
The Local Agency and the Developer agree to meet in good faith to resolve any differences on future matters which are not specifically covered by this Agreement.
Section 3.04. General Standard of Reasonableness . Any provision of this Agreement which requires the consent, approval or acceptance of either party hereto or any of their respective employees, officers or agents shall be deemed to require that such consent, approval or acceptance not be unreasonably withheld or delayed, unless such provision expressly incorporates a different standard. The foregoing provision shall not apply to provisions in the Agreement which provide for decisions to be in the sole discretion of the party making the decision.
Section 3.05. Third Party Beneficiaries . The Authority and its officers, employees, agents or any consultants or contractors are expressly deemed third party beneficiaries of this Agreement with respect to the provisions of Section 3.01. It is expressly agreed that, except for the Authority w ith respect to the provisions of Section 3.01, there are no third party Item 11.a
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beneficiaries of this Agreement, including without limitation any owners of bonds, any of the Local Agency’s or the Developer’s contractors for the Acquisition Improvements and any of the Local Agency’s, the Authority's or the Developer’s agents and employees.
Section 3.06. Conflict with Other Agreements. Nothing contained herein shall be construed as releasing the Developer or the Local Agency from any condition of development or requirement imposed by any other agreement between the Local Agency and the Developer, and, in the event of a conflicting provision, such other agreement shall prevail unless such conflicting provision is specifically waived or modified in writing by the Local Agency and the Developer.
Section 3.07. Notices. All invoices for payment, reports, other communication and notices relating to this Agreement shall be mailed to:
If to the Local Agency:
City of Vacaville
[Address to come]
If to the Developer:
[Developer]
[Address to come]
Either party may change its address by giving notice in writing to the other party.
Section 3.08. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.
Section 3.09. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California.
Section 3.10. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement.
Section 3.11. Singular and Plural; Gender . As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine.
Section 3.12. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original.
Section 3.13. Successors and Assigns. This Agreement is binding upon the heirs, assigns and successors-in-interest of the parties hereto. The Developer may not assign its rights or obligations hereunder, except to successors -in-interest to the property within the District, without the prior written consent of the Local Agency.
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Section 3.14. Remedies in General . It is acknowledged by the parties that the Local Agency would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof, other than for the payment to the Developer of any (i) moneys owing to the Developer hereunder, or (ii) moneys paid by the Developer pursuant to the provisions hereof which are misappropriated or improperly obtained, withheld or applied by the Local Agency.
In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that the Local Agency shall not be liable in damages to the Developer, or to any assignee or transferee of the Developer other than for the payments to the Developer specified in the preceding paragraph. Subject to the foregoing, the Developer covenants not to sue for or claim any damages for any alleged breach of, or dispute which arises out of, this Agreement.
[The remainder of this page intentionally left blank]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written above.
CITY OF VACAVILLE
By:
[City Manager]
ATTEST:
City Clerk of the City of Vacaville
By:
[DEVELOPER],
a [here indicate type of legal entity]
By:
Signature
Print Name
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Exhibit A to the Acquisition Agreement
DESCRIPTION OF ACQUISITION IMPROVEMENTS AND BUDGETED AMOUNTS
[To be completed based on Final Engineer’s Report]
Funding includes amounts for incidental costs associated with the capital improvements, including, but not limited to, contingency, design, engineering, and construction management.
ACQUISITION IMPROVEMENTS
TOTAL AMOUNT*
[_] ............................................................................................................. $[_] [_] ............................................................................................................. $[_]
* Estimated. Acquisition Price will be determined based on Actual Cost as further described in this Acquisition Agreement.
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Exhibit B to the Acquisition Agreement
FORM OF SCIP REQUISITION
To: BLX Group LLC
SCIP Program Administrator
355 South Grand Avenue, Suite 2700
Los Angeles, California 90017
Attention: Vo Nguyen
Fax: 213-612-2499
Re: Statewide Community Infrastructure Program
The undersigned, a duly authorized officer of the CITY OF VACAVILLE hereby requests a withdrawal from the [DEVELOPER] ACQUISITION ACCOUNT, as follows:
Request Date: [Insert Date of Request]
Name of Developer: [Developer]
Withdrawal Amount: [Insert Acquisition Price]
Acquisition Improvements: [Insert Description of Acquisition Improvement(s) from Ex. A] Payment Instructions: [Insert Wire Instructions or Payment Address for Developer] The undersigned hereby certifies as follows:
1. The Withdrawal is being made in accordance with a permitted use of such monies pursuant to the Acquisition Agreement, and the Withdrawal is not being made for the purpose of reinvestment.
2. None of the items for which payment is requested have been reimbursed previously from other sources of funds.
3. If the Withdrawal Amount is greater than the funds held in the Acquisition Account, the SCIP Program Administrator is authorized to amend the amount requested to be equal to the amount of such funds.
4. To the extent the Withdrawal is being made prior to the date bonds have been issued on behalf of SCIP, this withdrawal form serves as the declaration of official intent of the CITY OF VACAVILLE, pursuant to Treasury Regulations 1.150-2, to reimburse with respect expenditures made from the Acquisition Account listed above in the amount listed above.
CITY OF VACAVILLE
By:
Title:
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EXHIBIT C TO THE RESOLUTION
ELIGIBLE FACILITIES AND FEES
Eligible facilities and fees that may be financed by a CFD formed by CSCDA through SCIP include all improvements and fees authorized under the Mello-Roos Act, including but not limited to the following:
Transportation Improvements
Eligible roadway improvements include, but are not limited to: acquisition of land and easements; roadway design; project management; bridge crossings and culverts; clearing, grubbing, and demolition; grading, soil import/export, paving (including slurry s eal), and decorative/enhanced pavement concrete and/or pavers; joint trenches, underground utilities and undergrounding of existing utilities; dry utilities and appurtenances; curbs, gutters, sidewalks, bike trails (including onsite and off -site), enhanced fencing, and access ramps; street lights, signalization, and traffic signal control systems; bus turnouts; signs and striping; erosion control; median and parkway landscaping and irrigation; entry monumentation; bus shelters, bus and transit improvements including transfer stations and regional public transit improvements; masonry walls; traffic control and agency fees; and other improvements related thereto. Eligible improvements for the roads listed herein also include any and all necessary underground potable and recycled water, sanitary sewer, and storm drainage system improvements.
Water System Improvements
Authorized facilities include any and all water facilities designed to meet the needs of development within the CFD. These facilities include, but may not be limited to: water storage, treatment and distribution facilities including waterlines and appurte nances, gate valves, pressure reducing stations, flow meters, fire hydrants, and other improvements related thereto such as site clearing, grading and paving; curbs and gutters; booster pump stations & power; stand- by generators; site lighting, drainage, sanitary sewer, and water service; landscaping and irrigation; access gates, and fencing; and striping and signage.
Recycled Water System Improvements
Authorized facilities include any and all recycled water system facilities designed to meet the needs of development within the CFD. These facilities include, but may not be limited to: treatment and distribution facilities including pipelines and appurte nances, gate valves, flow meters, booster pump pressurization system, and other improvements related thereto - such as site clearing, grading and paving; curbs and gutters; booster pump stations; stand-by generators; site lighting, drainage, sanitary sewer , and water service; landscaping and irrigation; access gates, and fencing; and striping and signage.
Drainage System Improvements
Authorized facilities include any and all drainage and storm drain improvements designed to meet the needs of development within the CFD. These facilities include, but may not be limited to:
excavation and grading, pipelines and appurtenances, outfalls and water quality measures, detention/retention basins, drainage pretreatment facilities, drainage ways/channels, pump stations, landscaping and irrigation; access roads, gates, and fencing; and striping and signage and Item 11.a
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other improvements related thereto.
Wastewater System Improvements
Authorized facilities include any and all wastewater facilities designed to meet the needs of development within the CFD. These facilities include, but may not be limited to, pipelines and all appurtenances thereto; manholes; tie-in to existing main lines; force mains; lift stations; upgrades to existing lift stations; odor -control facilities; and permitting related thereto; and related sewer system improvements.
Park, Parkway and Open Space Improvements
Authorized facilities include any and all improvements to parks, parkways and open space required for development within the CFD. These facilities include, but may not be limited to: grading, turf, shrubs and trees, landscaping irrigation, site lighting, drainage, sanitary sewer and water service, pedestrian and bicycle trails, protective fencing (including soundwalls), pedestrian/bicycle bridges, storm drain crossings, wetland mitigation, hawk mitigation for authorized facilities herein, access gates and fencing and related open space improvements. Authorized facilities include acquisition of any and all parkland as well as open space/bike trail/public access easements required for development within the CFD.
School and Educational Facilities
Authorized facilities include classroom renovation, updates to school safety and security systems, technology improvements, energy efficiency improvements, school modernization and retrofitting, and new classroom and school construction as required for development within the CFD.
Development Impact Fees
Authorized facilities include the direct funding of any of the above referenced facility types for which the Local Agency collects a development impact fee.
Other Incidental Expenses and Bond Issuance Costs
In addition to the above facilities, other incidental expenses as authorized by the Mello- Roos Community Facilities Act of 1982, including, but not limited to, the cost of planning and designing the facilities (including the cost of environmental evaluatio n, remediation and mitigation); engineering and surveying; construction staking; utility relocation and demolition costs incidental to the construction of the public facilities; costs of project/construction management; costs (including the costs of legal services) associated with the formation of the CFD; issuance of bonds (if any); determination of the amount of taxes; collection of taxes; payment of taxes; costs of calculating and providing reimbursements from one-time special tax payments; or costs otherwise incurred in order to carry out the authorized purposes of the CFD; and any other expenses incidental to the formation and implementation of the CFD and to the construction, completion, inspection and acquisition of the authorized facilities.
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EXHIBIT D TO THE RESOLUTION
FORM OF INCREASED DEMANDS CERTIFICATE
To: California Statewide Communities Development Authority Re: Statewide Community Infrastructure Program – Community Facilities District for [Project]
The undersigned, a duly authorized officer of the CITY OF VACAVILLE (the “Local Agency”) hereby certifies that the public capital improvements and development impact fees identified below are necessary to meet increased demands placed upon the Local Agency as a result of development within the proposed community facilities district for the [Project]:
[List improvements/fees here]
CITY OF VACAVILLE
By:
Title:
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EXHIBIT E TO THE RESOLUTION
CITY OF VACAVILLE CONTACTS FOR SCIP PROGRAM
Primary Contact
Name: Ken Matsumiya
Title: Director of Finance
Mailing Address: 650 Merchant Street Vacaville, CA 95688 Delivery Address (if different):
E-mail: [email protected]
Telephone: (707) 449-5180
Secondary Contact
Name: Crystal Welty
Title: Management Analyst
Mailing Address: 650 Merchant Street Vacaville, CA 95688 Delivery Address (if different):
E-mail: [email protected]
Telephone: (707) 449-5121
Additional Contact
Name: Shelby Milliren
Title: Assistant Director of Finance
Mailing Address: 650 Merchant Street Vacaville, CA 95688 Delivery Address (if different):
E-mail: [email protected]
Telephone: (707) 449-5103
[Add additional contacts as needed]
Item 11.a
Statewide Community Infrastructure Program
August 11, 2026
Item 11.a
Background
About SCIP
• Financing program through California Statewide Communities Development Authority (CSCDA) allowing financing of public improvements and development impact fees
Vacaville’s Participation
• Joined SCIP in 2018 – only Assessment District option existed • Projects using SCIP: Farmstead, Foxboro Knolls, Villages at Vanden Meadows, Vandengate/Vanden Cove
• CSCDA has asked City to update its resolution, developers have also requested access to the CFD option
August 10, 2026 2Agenda Item 11A - SCIP Resolution Update Slide of 6 Item 11.a
Assessment District vs. CFD
Assessment District (AD)
• Must meet a “benefit test” – each property must receive proportional benefit • Less flexible; difficult to vary charges by home type or size • AD was the only SCIP option when the City joined in 2018 Community Facilities District (CFD)
• Highly flexible
• Taxes can vary by home size, product type, etc.
• Allows improvement areas for phased developments
• Will follow City’s CFD policy
• Total tax burden cannot exceed 1.80% of estimated home sales price • CFD levy cannot increase by more than 2.00% annually
• Still fully administered by CSCDA; no City risk for bond repayment August 10, 2026 3Agenda Item 11A - SCIP Resolution Update Slide of 6 Item 11.a
How SCIP Financing Works
For both AD & CFD Option…
• CSCDA forms and administers districts
• Only participating properties are taxed/assessed
• Bond proceeds can:
• Reimburse or prepay development impact fees
• Reimburse for completed public improvements acquired by City • City retains approval authority for all fee uses and acceptance of improvements Local Agency Requirements
• Must be a CSCDA member
• Hold public hearing and adopt updated SCIP resolution • Review and approve developer applications
August 10, 2026 4Agenda Item 11A - SCIP Resolution Update Slide of 6 Item 11.a
Recommendation
• Adopt Amended and Restated SCIP Resolution to include the CFD option
• Approve standard Acquisition Agreement
• Authorize staff to complete related actions required by law August 10, 2026 5Agenda Item 11A - SCIP Resolution Update Slide of 6 Item 11.a
Questions or Comments
August 10, 2026 Agenda Item 11A - SCIP Resolution Update Slide of 66 Item 11.a
CITY OF VACAVILLE
CITY COUNCIL
STAFF REPORT
Meeting Date: August 11, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Ken Matsumiya, Director of Finance
Shelby Milliren, Assistant Director of Finance
(Staff Contact: Heather Cornelison, Finance Supervisor (707) 449-5302) Subject: Ordinance of the City Council of the City of Vacaville Introducing Amendments to Title 5, Chapters 5.04 through 5.36 of the Vacaville Municipal Code, Relating to Business Licenses Actions for Consideration:
Introduce an ordinance of the City Council of the City of Vacaville amending Title 5 (Business License) of the Vacaville Municipal Code, Chapters 5.04 through 5.36, to update agency and statutory references, correct internal cross-references, reorganize the exemptions chapter, clarify enforcement and appeal procedures, update taxicab insurance requirements, and make related technical corrections; and direct the City Clerk to publish a summary of the ordinance as required by Government Code Section 36933.
Recommendations:
By title only, introduce the subject ordinance and waive reading of the title per Government Code §36934.
Background:
Title 5 of the Vacaville Municipal Code, governing business license taxes and specific business regulations, was first adopted in comprehensive form by Ordinance No. 923 in 1977. While individual provisions have been amended periodically in the intervening decades, the title has not undergone a comprehensive, systematic review in nearly fifty years. During that period, the regulatory environment, state law, and the City's own administrative structure have all changed substantially. A number of provisions in Title 5 had become inconsistent with current law and practice, contained references to obsolete agency names and statutory citations, and included internal cross-references to sections that no longer exist in the Code.
A comprehensive review of Title 5 was conducted, and a range of amendments were identified as necessary to bring the title into conformity with current law, correct existing deficiencies, and provide clearer and more administrable enforcement procedures.
Item 11.b
Discussion:
The proposed ordinance amends Chapters 5.04 through 5.36. The amendments fall into the following categories.
Agency, Statutory, and Terminology Updates
Several provisions contained outdated or inconsistent references. The definition of "Average number of employees" in Section 5.04.030 has been updated to reflect the current name of the Employment Development Department and the California Unemployment Insurance Code, which replaced the prior agency name and statutory reference dating from 1977. Minor terminology corrections have been made to the NAICS definition in Section 5.04.120 and to the CPI adjustment provision in Section 5.12.070 to ensure consistent use of officer titles and accurate legal terminology throughout the title.
Cross-Reference Corrections
Prior versions of Title 5 contained multiple references to enforcement and appeal provisions at Sections 5.20.120 and 5.20.130, both of which were eliminated in prior amendments. These outdated cross-references appeared in Sections
5.08.110, 5.16.120, 5.20.030, and 5.20.060 and have been updated throughout to correctly cite the current enforcement process at Section 5.20.060 and the appeal procedure at Section 5.20.070.
Application and Deemed Approval Provisions
Section 5.08.030 has been revised to provide a meaningful deemed approval mechanism for applications on which the Tax Collector fails to act within the 30-day period, to specify a 10-day window for the Tax Collector to issue a written notice of deficiency before the review period begins, and to clarify the applicant's right to conduct business upon a deemed approval subject to the City's continuing enforcement authority.
Enforcement Process and Appeal Timelines
Sections 5.20.060 and 5.20.070 have been revised to provide defined timelines at each level of the appeal process, addressing a longstanding gap that left appellants without a right to timely resolution at the City Manager and Council levels. The Finance Director must now schedule informal hearings within established periods and issue a written determination within 60 days of the close of the hearing. Appeals to the City Manager must be filed within 10 days of the Finance Director's determination and heard within 45 days, with a written decision due within 30 days of the hearing. Appeals to the Council must be filed within 15 days of the City Manager's determination and heard within 45 days, with written notice of the Council's decision served on the appellant within 10 days of the hearing date.
Exemptions Chapter
Item 11.b
Chapter 5.16 has been reorganized to address several issues. Two separate provisions were previously assigned the same section number 5.16.020; the state and federal exemptions provision has been designated as a standalone section, and downstream sections have been renumbered accordingly, with conforming corrections to internal cross-references. The employee exemption has been clarified to specify that W-2 employees with no ownership interest in the business are exempt from the business license tax, while individuals operating as independent contractors remain subject to all applicable requirements. The veteran exemption at Section 5.16.100 has been restructured to correct a drafting defect in which the exclusion for intoxicating liquor businesses was grammatically attached to the proprietorship condition rather than to the grant of exemption. The provision now states the exemption, the exclusion, and the eligibility condition in separate, clear sentences.
Taxicab Insurance
Section 5.32.090 has been updated to replace fixed dollar insurance minimums from 1980 with a requirement that coverage be maintained in such types and amounts as the City's then- current insurance requirements specify for similar operations. This approach aligns the Code with the City's existing risk management framework and avoids the need for Code amendments each time insurance standards are updated.
Bingo Provisions
A Penal Code subdivision citation in Section 5.24.061(A) has been corrected to accurately reflect the statutory authority for the monthly fee. Section 5.24.090(E) has been revised to correct a grammatically incomplete sentence that could not be implemented as written.
Several typographical errors in Chapters 5.25 and 5.26 have also been corrected.
Technical Corrections
The ordinance corrects a range of typographical errors, punctuation defects, inconsistent terminology, and missing commas in defined terms across Chapters 5.04, 5.08, 5.16, 5.20,
5.25, 5.26, and 5.36.
Confidentiality Provisions
Section 5.08.040 has been reorganized and clarified to set forth the scope of the Tax Collector's duty to maintain the confidentiality of business records and tax information obtained in the course of administering this title, and to enumerate the specific circumstances under which disclosure is authorized. The substantive scope of the confidentiality protections is unchanged.
Item 11.b
No provision of this ordinance imposes a new tax or increases any existing tax rate. The business license tax rates, fee schedules, and exemption thresholds established in Title 5 are unchanged.
Environmental Impact:
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project that has the potential to result in either a 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(b)(5).
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: General Fund (1001)
Budget Distribution: The costs of staff time associated with this item are covered within the existing Finance Department operating budget.
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:
Fiscal Health
Levine Act:
No
Attachments:
Proposed Ordinance
Attachment 1: Vacaville Municipal Code Title 5 – Clean Text for Adoption Attachment 2: Vacaville Municipal Code Title 5 – Redlined Text for Comparison Item 11.b
CITY OF VACAVILLE
ORDINANCE NO.
An Ordinance of the City Council of the City of Vacaville Amending Title 5, Chapters 5.04 Through 5.36 of the Vacaville Municipal Code, Relating to Business Licenses, to: Update Agency and Statutory References, Correct Internal Cross- References, Reorganize the Exemptions Chapter, Clarify Enforcement and Appeal Procedures, Update Taxicab Insurance Requirements, and Make Related Technical Corrections
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 business license taxes pursuant to the authority granted by California Government Code Section 37101 and Title 5 of the Vacaville Municipal Code ("VMC"), which was originally adopted by Ordinance No. 923 in 1977 and has been amended periodically since that time; and
WHEREAS, Title 5 of the VMC has not been subject to a comprehensive review since its original adoption in 1977, and certain provisions reflect outdated agency names, obsolete statutory references, and internal cross-references to sections that no longer exist in the Code following prior amendments, creating ambiguity that this Ordinance is intended to resolve; and WHEREAS, the City desires to update Title 5 to reflect current law and administrative practice, including correcting references to the former "State Department of Employment," which has operated as the Employment Development Department under the California Unemployment Insurance Code since 1974, and correcting erroneous or superseded citations elsewhere in the title; and
WHEREAS, the City desires to strengthen the application process by revising Section
5.08.030 to provide a meaningful deemed approval mechanism and to establish a defined timeframe within which the Tax Collector must issue a written notice of deficiency, in order to provide clarity for applicants and administrative consistency for the City; and WHEREAS, the enforcement and appeal provisions in Chapter 5.20 lacked defined timelines at the City Manager and City Council appeal levels, leaving appellants without a procedural right to timely resolution, and this Ordinance establishes those timelines and adds a refund mechanism for situations in which a final determination results in an overpayment; and WHEREAS, Chapter 5.16 requires reorganization to resolve a codification error in which two separate provisions were assigned the same section number, and to correct a drafting defect in the veteran exemption in which the exclusion for intoxicating liquor businesses was grammatically attached to the proprietorship condition rather than to the grant of exemption; and Item 11.b
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WHEREAS, the City desires to update the taxicab insurance provision in Section
5.32.090 to replace fixed dollar minimums established in 1980 with a reference to the City's then-current insurance requirements, consistent with the City's existing risk management framework and avoiding the need for future Code amendments each time insurance standards change; and
WHEREAS, no provision of this Ordinance imposes a new tax or increases any existing tax rate, and the business license tax rates, fee schedules, and exemption thresholds established in Title 5 are unchanged by this Ordinance; 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 amendments to Title 5 of the Vacaville Municipal Code, as shown in Attachments 1 and 2, are consistent with state law and will allow the City to maintain an accurate, internally consistent, and administratively workable business license tax framework.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VACAVILLE DOES ORDAIN AS FOLLOWS:
SECTION ONE: 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 TWO: 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 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 THREE: Adoption. The City Council hereby amends Chapters 5.04 through
5.36 of the Vacaville Municipal Code to read in full as set forth in Attachment 2 hereto, which is hereby incorporated by this reference into this Ordinance.
SECTION FOUR: 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 are declared unconstitutional.
SECTION FIVE: Effective Date. This Ordinance shall take effect thirty (30) days after passage thereof.
SECTION SIX: Publication. This Ordinance shall be published in accordance with the provisions of Government Code Section 36933.
Item 11.b
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I hereby certify that this ordinance was introduced at a regular meeting of the City Council of the City of Vacaville, held on August 11, 2026, by the following vote:
Ayes:
Noes:
Absent:
Attest:
_____________________________
Michelle A. Thornbrugh, City Clerk
Item 11.b
Vacaville Municipal Code
Chapter 5.04 PURPOSE AND DEFINITIONS
Chapter 5.04
PURPOSE AND DEFINITIONS
5.04.010 Purpose.
This title is enacted solely to raise revenue for municipal purposes and is not intended for purposes of regulation.
5.04.020 Definitions generally.
For the purpose of this title, certain words and phrases are defined, and certain provisions shall be construed as set forth in this section, unless it is apparent from their context that a different meaning is intended.
5.04.030 Average number of employees.
A. “Average number of employees” means the average number of employees employed in the city in the applicant’s business during the one year immediately preceding the commencement of the year for which the license is being issued, and shall be determined as follows:
1. By ascertaining the number of employees as defined in this section, employed within the city, earning wages during pay periods nearest the fifteenth day of each month as reported to the Employment Development Department on forms which are used for reporting payments due under the California Unemployment Insurance Code, for each month of the previous calendar year, adding the same and dividing by twelve. If the employer has been in business less than one year, the employer may use the estimated number of employees who will be employed during the remainder of the fiscal year; or
2. At the option of the licensee, the average number of persons employed daily in the applicant’s business for one year for the purpose of fixing the license tax due under this title shall be determined by ascertaining the total number of hours of service performed by all employees in the city during the previous year and dividing the total number of hours of service thus obtained by the number of hours of service constituting a year’s work of one full-time employee according to the custom or laws governing such employment. On the basis of no other information, a year’s work shall be computed on a thirty-five hour week.
B. In computing the average number of persons employed, fractions of numbers after the first employee shall be rounded down to the nearest whole number prior to applying the license tax.
5.04.040 Business.
“Business” means professions, trades, and occupations and all and every kind of calling carried on for profit or livelihood.
5.04.050 City.
“City” means the city of Vacaville.
5.04.060 Employee.
“Employee” means each and every natural person engaged in the operation or conduct of any business, whether as owner, member of the owner’s family, partner, associate, agent, manager or solicitor, and each and every other natural person employed or working in such business within the city, whether on a permanent, seasonal, temporary, probationary, full- time, or part-time basis, regardless of basis of compensation, and any and all other persons employed or working in such business, including but not limited to students and apprentices working in connection with instruction in any business, for which service the owner, operator, or management receives compensation or a thing of value.
5.04.070 Engaged in business.
“Engaged in business” means the conducting, operating, managing or carrying on of a business, whether done as owner, or by means of an officer, agent, manager, employee, servant or otherwise.
5.04.080 Fixed place of business.
“Fixed place of business” means the premises occupied in the city for the particular purpose of conducting a business thereat and regularly kept open for that purpose with a competent person in attendance for the purpose of attending to said business.
Item 11.b
Vacaville Municipal Code
Chapter 5.04 PURPOSE AND DEFINITIONS
5.04.090 Gross receipts.
“Gross receipts” means the total amount of the sales price of all sales and the total amount charged or received for the performance of any act, service, or employment, for whatever nature it may be, for which a charge is made or credit allowed. Included in gross receipts shall be all receipts, cash, credits and property of any kind or nature and any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service cost, interest paid or payable or losses or other expenses whatever. Excluded from gross receipts shall be cash discounts allowed and taken on sales, value of property accepted as part of the purchase price and which property will later be sold, any tax which is measured by the sales price or the gross receipts from the sale or which is a stated sum per unit of such property sold, included in or added to the purchase price and collected from the consumer or purchaser, and such part of the sales price of property returned by the purchaser upon rescission of the contract of sale as is refunded either in cash or by credit.
5.04.100 License.
“License” or “business license” means the business tax receipt issued by the city to the business upon payment of a tax prescribed by this title, evidencing payment of such tax.
5.04.110 Licensee.
“Licensee” means any person who holds a valid current license issued to such person under this title.
5.04.120 North American Industry Classification System (NAICS). “North American Industry Classification System” or “NAICS” means the latest edition of the North American Industry Classification System produced by the Office of Management and Budget’s Economic Classification Policy Committee of the U.S. Department of Commerce, as may be amended from time to time.
5.04.130 Person.
“Person” means any domestic or foreign corporation, firm, association, syndicate, joint stock company, partnership of any kind, joint venture, club, Massachusetts business or common law trust, society or individual.
5.04.140 Shall and may.
“Shall” is mandatory, “may” is permissive.
5.04.150 Tax collector.
“Tax collector” means the City Manager or his or her authorized designee.
Item 11.b
Vacaville Municipal Code
Chapter 5.08 GENERAL LICENSING
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through July 23, 2024.
Chapter 5.08
GENERAL LICENSING
5.08.010 License and tax payment required.
A. There are imposed upon all persons engaged in business in the city license taxes in the amounts prescribed in this title.
B. It is unlawful for any person, either for themselves or for any other person, to conduct in the city any business taxed under this article without a current and valid business license from the city and without paying the business license tax, if any, required by this article. Even if a business does not owe business license tax, it must obtain a valid business license.
C. The carrying on of any business without first having obtained a license under this title, or without complying with any and all provisions of this title, shall be unlawful.
D. A business license is not permission to carry on a business at any place within the city where conducting such business is prohibited or fails to comply with the city’s zoning, planning, building, and business regulations.
E. A violation of subsections A, B, C, or D will be addressed under the enforcement provisions of Chapter 5.20 of this title, and the financial penalties set forth in section 5.08.100 shall apply.
F. This section shall not be construed to require any person to obtain a license prior to doing business within the city if such requirement conflicts with applicable statutes of the United States or of the state of California. Persons not so required to obtain a license prior to doing business within the city nevertheless may be liable for payment of the tax imposed by this chapter.
5.08.020 Unlawful business not authorized.
No license issued under the provisions of this title shall be construed as authorizing the conduct or continuance of any illegal or unlawful business or any business in violation of any ordinance of the city.
5.08.030 Application – Required.
A. Every person subject to the licensing requirements of this title shall submit an application for issuance or renewal of a business license to the City Tax Collector.
B. The application shall be made in writing, on a form prescribed by the Tax Collector, and shall be executed under penalty of perjury.
C. The application shall include all information required by the Tax Collector and any additional information reasonably necessary to determine the amount of license tax due.
D. The Tax Collector shall grant or deny the application within thirty (30) calendar days of receipt of a completed application. The Tax Collector reserves the right to review all the information submitted as part of the application for audit and verification purposes.
E. If the Tax Collector fails to act on a properly completed application within thirty (30) calendar days of the date it is stamped as received, the application shall be deemed approved and the applicant shall be entitled to conduct the business described in the application. A deemed-approved license remains subject to all enforcement provisions of Chapter 5.20, and any subsequent determination that the applicant is not in compliance shall be grounds for revocation under the procedures set forth therein. For purposes of this subsection, an application shall be considered properly completed if the Tax Collector has not issued a written notice of deficiency within ten (10) calendar days of receipt.
5.08.040 Application – Confidential
A. It is unlawful for the Collector or any person having an administrative duty under the provisions of this chapter to make known in any manner whatever the business affairs, operations, or information obtained by an investigation of records and equipment of any person visited or examined in the discharge of official duty, or the amount or source Item 11.b
Vacaville Municipal Code
Chapter 5.08 GENERAL LICENSING
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through July 23, 2024. of income, profits, losses, expenditures, or any particular thereof, set forth in any statement or application, or to permit any statement or application, or copy of either, or any book containing any abstract or particulars thereof to be seen or examined by any person; provided, that nothing in this section shall be construed to prevent:
1. The disclosure to, or the examination of records and equipment by, another City official, employee, or agent for collection of taxes for the sole purpose of administering or enforcing any provisions of this chapter, or collecting taxes imposed under this chapter;
2. The disclosure of information to, or the examination of records by, Federal or State officials, or the tax officials of another city or county, or city and county, if a reciprocal arrangement exists, or to a grand jury or court of law, upon subpoena;
3. The disclosure of information and results of examination of records of particular taxpayers, or relating to particular taxpayers, to a court of law in a proceeding brought to determine the existence or amount of any license tax liability of the particular taxpayers to the City;
4. The disclosure, after the filing of a written request to that effect, to the taxpayer, or to the taxpayer successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, of information as to the items included in the measure of any paid tax, any unpaid tax or amounts of tax required to be collected, interest and penalties; further provided, however, that the City Attorney approves each such disclosure and that the Collector may refuse to make any disclosure referred to in this subsection when in his opinion the public interest would suffer thereby;
5. The disclosure of the names and business addresses of persons to whom licenses have been issued, and the general type or nature of their business;
6. The disclosure by way of public meeting or otherwise of such information as may be necessary to the City Council in order to permit it to be fully advised as to the facts when a taxpayer files a claim for refund of license taxes, or submits an offer of compromise with regard to a claim asserted against taxpayer by the City for license taxes, or when acting upon any other matter;
7. The disclosure of general statistics regarding taxes collected or business done in the City.
5.08.050 Term.
No license shall be issued under this title for a term in excess of one year. All annual licenses shall expire on April 30th of each year.
5.08.060 Proration for new business.
Business licenses and business license taxes for new businesses commencing after the first day of May will be prorated on a monthly basis for the balance of the annual license period.
5.08.070 Payment.
All license taxes imposed under this title shall be paid to the tax collector in lawful money of the United States, at the office of the tax collector in the city hall.
5.08.080 When payable.
A. All license taxes imposed under this title shall be paid in advance, except where otherwise specifically provided, and shall be due and payable at the following times:
1. Annually, before the first day of May;
2. When a business discontinues, dissolves or otherwise terminates before the expiration of a business license tax period, any taxes accrued and owing to the city under the provisions of this title, including any business license taxes that would not otherwise be payable until the close of the business license tax period during which termination occurs or until time of paying the tax for the next succeeding business license tax period, shall be due and payable on the date of termination.
Item 11.b
Vacaville Municipal Code
Chapter 5.08 GENERAL LICENSING
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through July 23, 2024.
5.08.090 Delinquency dates.
Unless otherwise specifically provided under other provisions of this title, all continuing business license taxes required to be paid under this title shall be deemed delinquent if not paid or postmarked on or before the thirtieth day of April of the current license year. For new businesses commencing after the first day of May the tax shall be delinquent thirty days after commencement of business.
5.08.100 Delinquency penalty.
Any business that operates without a business license tax receipt or fails to pay any business license taxes required to be paid by this title within the time required shall pay a penalty of fifty percent of the amount of the tax due. This initial penalty shall apply on the first calendar day the tax becomes delinquent. Thereafter, the business shall incur an additional ten percent (10%) of the tax for each subsequent month of continued delinquency. However, total penalties shall not exceed one hundred percent (100%) of the tax due for the applicable period.
5.08.110 Refunds.
A. No refunds will be made on any amount paid as a license tax except in the case of error on the part of the city in the determination of the amount of the license tax or in the event of double payment for a license.
B. Refunds may be made by the Tax Collector, pursuant to the provisions of subsection A of this section; provided that, (1) a written claim for the refund, made upon a form provided therefor by the Tax Collector, stating under penalty of perjury the specific grounds upon which the claim for refund is founded, is filed with the Tax Collector within one year of the date the city received the payment of which refund is sought; and (2) the Tax Collector is satisfied, on the basis of written business records and other records submitted by the claimant, that the claimant is entitled to the refund under the provisions of subsection A of this section; provided, however, that the Tax Collector shall have the right to examine and audit all the books and business records of the claimant in order to determine the eligibility of the claimant to the refund claimed by them; and provided further, that no claim for refund shall be allowed if the claimant thereafter refuses to allow such examination of his books and business records after request by said Tax Collector to do so.
C. Any decision of the Tax Collector made under this section shall be final unless the same is appealed to the City Manager within ten days after notice thereof given in the same manner as provided for giving of notice of assessment under Section 5.20.060. The procedure for appeal set forth in Section 5.20.070 shall apply insofar as such procedure is not inconsistent with the provisions of this section. The decision of the city council shall be final and conclusive on any matter appealed to it under this section.
5.08.120 Branch establishments.
Separate licenses must be obtained for each branch establishment or location of the business engaged in, as if each such branch establishment or location were a separate business, and each license shall be for the business licensed thereby at the location or in the manner designated in such license; provided, that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this title shall not be deemed to be separate places of business or branch establishments.
5.08.130 Carrying on two or more businesses at one location.
If a person engages in two or more separate businesses at the same establishment or location, there shall be a separate business tax license issued for each business. Separate business operations are further defined as involving two or more separate and distinct business entities or names wherein separate sets of accounting records, bank accounts, and the like are maintained.
5.08.140 Concessions.
Every person who operates any business, whether upon a cost, rental or commission basis as a concession or upon rented floor space in or upon the premises of any person licensed under any provision of this title, shall be required to pay the license tax and obtain a separate and independent license pursuant to the appropriate provisions of this title, and shall be subject to all the provisions of this title.
5.08.150 Licenses not transferable.
A. Licenses issued pursuant to this title are not transferable or assignable by the licensee to any other person. In the event of a sale, transfer, or change of ownership of a business, the new owner must apply for and obtain a new Item 11.b
Vacaville Municipal Code
Chapter 5.08 GENERAL LICENSING
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through July 23, 2024. business license. Tax payments made under this title are non-transferable and non-assignable. No tax paid by any person pursuant to the provisions of this title shall be credited, applied, or transferred, in whole or in part, toward any tax obligation, whether current or prospective, of any other person or business entity.
B. A business license issued under the provisions of this title shall not be valid for any location other than the principal place of business specified in the license. Upon relocation of its principal place of business, the licensee shall immediately notify the Tax Collector and submit an application for a new business license.
5.08.160 Exhibiting licenses.
Every person having a license under the provisions of this title for engaging in business at a fixed place of business shall keep such license posted for exhibition while in force in some conspicuous place in his place of business.
Every person having such a license and not having a fixed place of business shall carry such license with them at all times while carrying on the business for which the same was granted. Every person having a license shall produce and exhibit the same whenever requested to do so by any police officer or any person authorized to issue or inspect licenses or collect license taxes.
5.08.170 Vehicle identification stickers.
Any licensee who uses vehicles in the conduct of his business shall be required to prominently display within such vehicle a sticker, device, sign or license facsimile which has printed thereon the words: “Vacaville, California” or any abbreviation thereof, together with the current term of the license, and shall be in such form and color and contain such other information as the tax collector determines.
Item 11.b
Vacaville Municipal Code
Chapter 5.12 LICENSE TAXES
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through Chapter 5.12
LICENSE TAXES
5.12.010 Based on number of employees.
A. Every person engaged in business in the city, whether or not a fixed place of business in such city, in the business of conducting, managing, carrying on or engaging in any business, profession or occupation or service enterprise included within Sectors 52, 53, 54, 55, and 62 of the North American Industry Classification System (NAICS) shall pay to the city an annual license tax of seventy-five dollars, plus an additional sum based upon the average number of employees in such business, according to the following schedule:
1. If the average number of employees is from two to five, an additional twenty-five dollars per annum is charged.
2. If the average number of employees is from six to twelve, an additional fifty dollars per annum is charged.
3. If the average number of employees is from thirteen to twenty-five, an additional one hundred twenty-five dollars per annum is charged.
4. If the average number of employees is from twenty-six to fifty, an additional one hundred fifty dollars per annum is charged.
5. If the average number of employees is from fifty-one to one hundred, an additional two hundred fifty dollars per annum is charged.
6. For each additional fifty employees over one hundred or fraction thereof, an additional charge of twenty-five dollars shall be made.
B. Except as otherwise provided in this Title, all other persons engaged in business in the city, whether or not a fixed place of business in such city, in the business of conducting, managing, carrying on or engaging in any business, profession or occupation or service enterprise shall pay to the city an annual license tax of fifty dollars per annum, plus an additional sum based upon the average number of employees in such business, according to the following schedule:
1. If the average number of employees is from two to five, an additional twenty-five dollars per annum is charged.
2. If the average number of employees is from six to twelve, an additional fifty dollars per annum is charged.
3. If the average number of employees is from thirteen to twenty-five, an additional one hundred dollars per annum is charged.
4. If the average number of employees is from twenty-six to fifty, an additional one hundred twenty-five dollars per annum is charged.
5. If the average number of employees is from fifty-one to one hundred, an additional two hundred twenty-five dollars per annum is charged.
6. For each additional fifty employees over one hundred or fraction thereof, an additional charge of twenty-five dollars shall be made.
C. Every person or firm contained in subsection B of this section whose gross income is between one thousand dollars and two thousand five hundred dollars per annum shall pay to the city a reduced annual license tax of twenty-five dollars per annum, plus an additional sum based upon the average number of employees in such business, according to the above. If the average number of employees is from two to five, an additional fifteen dollars per annum is charged.
Item 11.b
Vacaville Municipal Code
Chapter 5.12 LICENSE TAXES
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through (Ord. 1634, Amended, 02/11/2000)
5.12.020 Apartments.
Apartments shall be licensed at the rate of four dollars for each dwelling unit per annum. Apartment, as used in this title, means a structure having two or more dwelling units offered for rent.
5.12.030 Hotels, motels.
Hotels and motels shall be licensed at the rate of three dollars for each dwelling unit per annum.
5.12.040 Trailer parks.
Trailer parks shall be licensed at the rate of two dollars for each trailer space per annum.
5.12.050 Home occupations.
Commencing, transacting or carrying on any business in the home in a residential zone where the annual gross receipts are one thousand dollars or less shall be governed by Section 5.16.010. Home occupations whose gross receipts exceed one thousand dollars shall pay a license fee as provided in Section 5.12.010. In addition, home occupations shall comply with all other provisions for home occupations required by this code.
5.12.060 Maximum tax per each location or branch.
The maximum amount required to be paid by any person under the provisions of Section 5.12.010 for engaging in any business or businesses at any one location or branch in the city shall be five hundred dollars. The maximum amount required to be paid by any person under the provisions of Sections 5.12.020, 5.12.030 and 5.12.040 shall be three hundred fifty dollars.
5.12.070 CPI Adjustment.
The minimum gross receipts threshold and all flat rates for calculating the business license fee in the City of Vacaville may be adjusted annually based on the Consumer Price Index (CPI) for All Urban Consumers, as published by the U.S. Bureau of Labor Statistics. The adjusted flat rates will be effective at the beginning of each fiscal year and will be communicated to all affected businesses by the Tax Collector.
Item 11.b
Vacaville Municipal Code
Chapter 5.16 EXEMPTIONS AND EXCLUSIONS
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through Chapter 5.16
EXEMPTIONS AND EXCLUSIONS
The following are exempted from the payment of a license tax under this chapter:
5.16.010 Minimum gross receipts. Any person transacting business within the city and having a fixed place of business in the city or operating out of their home in the city having gross receipts for the license tax year of less than one thousand dollars shall not be required to pay a license tax; provided, however, that such person shall be required to comply with all the provisions of this title pertaining to transacting business within the city and may be required by the tax collector to file a statement certifying to the fact that his gross receipts from such business transacted within the city were less than one thousand dollars within such license year.
5.16.020 State and Federal Exemptions
Any business exempt from the tax by the laws of the United States or the State of California is exempt from paying the business tax that would otherwise be due.
5.16.030 Minors, eighteen years and younger.
Every natural person of the age of eighteen years and under whose annual gross receipts from any and all businesses are one thousand dollars or less shall be exempt from payment of any license tax under the provisions of this title.
5.16.040 Charitable organizations.
The following organizations shall be exempt from the payment of a business license tax under the provisions of this title:
Any charitable institution, organization or association organized for charitable purposes and conducted for charitable purposes only.
5.16.050 Charitable entertainments.
Any person conducting or staging any concert, exhibition, lecture, dance, amusement or entertainment where the receipts, if any, derived therefrom are to be used solely for charitable or benevolent purposes and not for private gain shall be exempt from the payment of any business license tax under the provisions of this title.
5.16.060 Nonprofit organizations.
The following organizations or associations shall be exempt from the payment of any business license tax imposed by the provisions of this title upon any of the following businesses, entertainments or activities:
A. Any religious, fraternal, student cooperative, educational, military, state, county or municipal organization or association for the conducting of any business which business is open to the members thereof only and not open to the public;
B. Any religious, fraternal, educational, military, state, county or municipal organization or association for the conducting or staging of any amusement or entertainment, concert, exhibition, lecture, dance or athletic event, when the receipts derived are to be used wholly for the benefit of such organization and not for private gain of any person; C. Any student organization, association or cooperative sanctioned by the educational institution from which the membership is drawn, for the conducting or staging of any amusement or entertainment, concert, exhibition, lecture, dance or athletic event when the receipts derived are to be used wholly for the benefit of such organization and not for private gain of any person;
D. Any organization or association for the conducting or staging of any amusement or entertainment, concert, exhibition, lecture, dance or athletic event, when the use of the premises upon which activity is conducted or staged is a municipal use. Municipal use is a use or performance which benefits the city as a whole or an organization or activity which benefits the city as a whole, and which is sponsored by an organization deriving all or part of its Item 11.b
Vacaville Municipal Code
Chapter 5.16 EXEMPTIONS AND EXCLUSIONS
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through income from the city, or is for the benefit of an organization or activity supported in whole or part by the city. (Ord. 923 §5.5, 1977).
5.16.070 Receipts for private gain prohibited.
For the purposes of Sections 5.16.050 and 5.16.060, the payment of necessary expenses incurred in the conducting or staging of any amusement or entertainment, concert, exhibition, lecture, dance or athletic event from the receipts derived therefrom shall not be deemed to be the use of said receipts for private gain of any Person.
5.16.080 Teachers.
The provisions of this title shall not require the payment of license tax for the teaching of musical, artistic or educational subjects when the following conditions exist:
A. The teaching is done at the residence of the teacher or at the residence of the pupil, or pursuant to a contract for services with the city of Vacaville recreation department; B. The teacher employs no assistant, does not display an advertising sign at the residence, and does not make a general practice of selling merchandise in connection with the teaching.
5.16.090 Employees.
Any natural person who is engaged solely as a W-2 employee of another person or entity lawfully conducting, managing, or carrying on a business within the city, and who holds no ownership interest and does not act as a partner, associate, principal, or independent contractor in such business, shall be exempt from the business license tax imposed under this chapter.
This exemption shall not apply to individuals operating as independent contractors, including but not limited to hairstylists, real estate agents, or others who are considered to be conducting business on their own behalf. Such individuals shall be subject to all applicable business license tax requirements.
5.16.100 Veterans.
A veteran who is honorably discharged or honorably relieved from the Armed Forces of the United States, and who is the sole proprietor of a business selling or providing services, shall not be required to pay any local business license fees. This exemption does not apply to any business that sells or distributes spirituous, malt, vinous, or other intoxicating liquor. Upon applying for such license, the veteran shall exhibit to the Tax Collector satisfactory evidence of eligibility.
5.16.110 Claims for exemption.
A. Any person seeking an exemption from payment of the business license tax must apply using forms provided by the Tax Collector and must submit all required information and sworn statements.
B. If the Tax Collector determines that the applicant qualifies for an exemption under this title, a free license shall be issued. The license shall clearly state that the license tax is exempt.
5.16.120 Revocation of exemption.
The Tax Collector may revoke any exempt license granted pursuant to the provisions of this chapter upon any information received that the licensee is not entitled to the exemption as provided therein. Notice of revocation shall be given in the same manner and within the same time as is provided for notices of assessment in Section 5.20.060, and the licensee shall have the same right of hearing and of appeal as is provided in Sections 5.20.060 and 5.20.070.
5.16.130 Exclusions.
A. Except as may be otherwise specifically provided in this title, the terms of this chapter shall not be deemed or construed to apply to any of the following businesses engaged in by any of the following persons:
1. Any person engaged in the business of operating cigarette and vaping product vending machines, jukeboxes or other mechanical amusement devices shall not be governed by any section of Chapter 5.08 but shall comply with all sections of Chapter 5.36 and any amendments thereto; Item 11.b
Vacaville Municipal Code
Chapter 5.16 EXEMPTIONS AND EXCLUSIONS
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through
2. Any person engaged in the business of operating a taxicab shall not be governed by any section of Chapter
5.08 but shall comply with all sections of Chapter 5.32 and any amendments thereto;
3. Any gas or electric public utility which pays to the city a tax under any franchise agreement with the city;
4. Banks, including national banking associations to the extent provided by Article XIII, Section 16, subdivision l(a) of the State Constitution;
5. Insurance companies and associations as to the extent provided by Article XIII, Section 14 of the State Constitution;
6. Any person who the city is not authorized to license under any law or constitution of the United States or the state. The Tax Collector may require the filing of a verified statement from any person claiming to be excluded by the provisions of this section which statement shall set forth all facts upon which the exclusion is claimed.
Item 11.b
Vacaville Municipal Code
Chapter 5.20 ADMINISTRATION AND
ENFORCEMENT
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through Chapter 5.20
ADMINISTRATION AND ENFORCEMENT
5.20.010 Business License Tax and Liability and Proof
A. Any tax, penalty, and interest imposed on a licensee under this title is a debt owed by the licensee to the city, which may be recovered in an action filed by the city in a court of competent jurisdiction.
B. In any action arising under this title, the fact that a party represented themselves as engaged in a business requiring a license, or displayed a sign indicating such business, shall be conclusive evidence of liability to pay for a license.
5.20.020 Enforcement and Inspection
A. The Tax Collector shall enforce all provisions of this title. The Chief of Police (and his/her authorized designee) shall render assistance as required by the Tax Collector. All other City departments that issue permits shall require a valid, unexpired license prior to issuing a permit when appropriate.
B. The Tax Collector, any of his or her authorized deputies, and any city police officer shall have the authority to enter, without charge and at any reasonable time, any place of business within the city that is subject to licensing under this title. Such entry may be made for the purpose of:
1. Inspecting and examining the premises to determine whether the provisions of this title are being complied with; and
2. Requesting exhibition of the valid business license certificate issued pursuant to this title.
Any person who willfully refuses or fails to exhibit a valid business license certificate upon request shall be guilty of a misdemeanor and subject to the penalties provided in this title.
5.20.030 Audits and Examination of records.
A. The Tax Collector or their deputies may audit any business’s books, records, or equipment to verify business license tax filings and determine taxes owed.
B. A written demand may be issued requiring the business to provide access to the requested materials.
C. If the business refuses to comply with the written demand, the Tax Collector may rely on available information to estimate the tax due.
D. An estimated assessment may then be issued under section 5.20.060 based on the Tax Collector’s judgment of the business’s activities.
5.20.040 Deficiency determinations.
A. If the Tax Collector determines that a statement or return filed under this title is incorrect, incomplete, or that the amount of tax reported is inaccurate, the Tax Collector may recalculate the correct amount due.
Item 11.b
Vacaville Municipal Code
Chapter 5.20 ADMINISTRATION AND
ENFORCEMENT
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through This determination may be based on the information provided in the filing or on any other information available to the Tax Collector.
B. The Tax Collector may issue one or more deficiency determinations for any tax period if it appears that additional tax is owed.
C. If a person stops conducting business in the city, the Tax Collector may issue a deficiency determination for any tax liability related to that business within one (1) year after the business ends, even if the regular due date for the tax has not yet passed.
D. Whenever a deficiency determination is made, the Tax Collector shall provide written notice to the taxpayer. The notice shall be served in the same manner as notices of assessment under Section 5.20.060.
5.20.050 Time of mailing.
A. If a payment, statement, report, request, or other required communication is received by the Tax Collector after the deadline, it may still be considered on time if:
1. The envelope in which it was received bears a United States Postal Service postmark indicating that it was mailed on or before the prescribed due date; or
2. The sender provides substantial and credible evidence that the item was deposited in the United States mail on or before the due date.
B. Upon verification of either condition, the Tax Collector may treat the item as timely received.
5.20.060 Enforcement Process
A. This section authorizes the city to initially assess a business license tax on any entity reasonably suspected of conducting business within the city without a valid business license. Reasonable suspicion may be based on factors such as the presence of a website, signage, advertising, or other indicators of business activity. The Finance Director may use any information available to make the assessment. The tax will be calculated based on the rates applicable to similar or comparable business types. A written notice of the tax assessment will be mailed to the business. If the business does not file an appeal within the designated appeal period, the assessment will be deemed accurate and accepted. At that point, the city may initiate the collection process for any unpaid taxes.
B. A licensee who receives a notice may, within 10 days, contest the notice and request an informal hearing before the Finance Director by filing with the Finance Director a written request for an informal hearing. The further accrual of penalties and interest shall be tolled upon the filing of a request for a hearing. If a licensee does not contest the notice and request an informal hearing within 10 days of service, the notice is final and cannot be appealed.
C. If a licensee timely contests the notice and requests an informal hearing, the Finance Director must set an informal hearing within 30 days of the filing of the request for a hearing or as soon thereafter as reasonably practical. Notice of the hearing must be served on the licensee either personally or by U.S. mail to the most recent address for the licensee in the Finance Director’s records.
D. At the informal hearing, the licensee may present evidence and arguments regarding the tax assessment to show why it is incorrect and to show what the determination of the Finance Director should be. Within 60 days after the close of the hearing or as soon thereafter as reasonably practical, the Finance Director must serve a final letter setting forth the Finance Director’s determination of the facts and issues that were the subject of the initial assessment. The final determination must be served on the licensee either personally or by U.S. mail to the most recent address for the licensee in the Finance Director’s records. Unless an appeal of a final determination is filed Item 11.b
Vacaville Municipal Code
Chapter 5.20 ADMINISTRATION AND
ENFORCEMENT
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through under section 5.20.070, any penalties or interest tolled under subdivision (B) of this section will resume accruing 10 days after the service of the final determination.
5.20.070 Appeal.
A. Any person aggrieved by any decision of the Finance Director concerning the amount of such license taxes may appeal to the City Manager by filing a notice of appeal with the City Manager, within ten (10) days of the Finance Director’s final determination. 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 his last known address. The hearing shall be held within forty-five (45) days of the filing of the notice of appeal, or as soon as is reasonably practicable. The City Manager shall have the authority to determine all questions raised on such appeal. The City Manager shall issue a written decision within thirty (30) days of the close of the hearing. 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 license taxes may appeal to the Council by filing a notice of appeal with the Clerk of the Council, within fifteen (15) days of the City Manager’s final determination. 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 his last known address. The hearing shall be held within forty-five (45) days of the filing of the notice of appeal, or as soon as is reasonably practicable. The Clerk of the Council shall serve written notice of the Council's decision on the appellant within ten (10) days of the date of the hearing at which the decision was made. The City 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. Upon final determination, the Tax Collector shall have the duty to collect the amount of license taxes as determined.
5.20.080 Penalty for violation.
Any person violating any of the provisions of this title or any regulation or rule passed in accordance therewith or intentionally misrepresenting to any officer or employee of this city any material fact in procuring the license or permit provided for in this title shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by fine or imprisonment, or both.
5.20.090 Criminal and civil remedies not exclusive.
The conviction and punishment of any person for failure to pay the required license tax shall not excuse or exempt such person from any civil action for the license tax debt unpaid at the time of such conviction. No civil action shall prevent a criminal prosecution for any violation of the provisions of this title or of any state law requiring the payment of all license taxes.
Item 11.b
Vacaville Municipal Code
II. Specific Business Regulations
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through II. Specific Business Regulations
Item 11.b
Vacaville Municipal Code
Chapter 5.24 BINGO
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through Chapter 5.24
BINGO
5.24.010 Authority.
This chapter is enacted pursuant to Article IV, Section 19 of the California Constitution.
5.24.020 Conduct authorized.
Pursuant to Penal Code Section 326.5, bingo games are authorized to be conducted within the city limits, subject to the provisions of this chapter.
5.24.030 Bingo defined.
“Bingo” or “bingo games” means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on cards that conform to numbers or symbols selected at random. Notwithstanding State Penal Code Section 330c, as used in this section, the game of bingo shall include cards having numbers or symbols that are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game or prior to the time of purchase by any person participating in the playing or operation of the bingo game. All such preprinted cards shall bear the legend, “for sale or use only in a bingo game authorized under California law and pursuant to local ordinance.”
5.24.040 License – Required.
No bingo game shall be allowed, played or conducted without a license first being obtained from the city. Licenses shall be effective either for a single event or for the calendar year in which issued.
5.24.050 License – Application – Contents.
An application for a bingo license shall be filed in the office of the director of finance. The application for such license shall be signed and verified by the applicant and shall set forth the following information:
A. The name and address of the organization to which the license will be issued; B. Whether or not the application is for a single permit or a calendar year license; C. The name, address and telephone number of the applicant, who shall be a duly authorized representative of the applying organization;
D. The name, address and telephone number of the president or chief officer of the organization which intends to conduct any bingo game;
E. The person who has custody of the financial records of bingo games which are required by the provisions of this chapter, and the location of said records;
F. The location where the bingo game is intended to be held; G. The day or days of the week or specific dates upon which the bingo games are to be conducted, and the hours thereof;
H. A schedule of fees or charges to be collected from players for each bingo game, or for different varieties of bingo games being conducted,
I. A statement that the place where the bingo games are to be conducted is property owned or leased by the organization or property whose use is donated to the organization, and which property is used by the organization for an office or for performance of the purposes for which the organization is organized; J. Each application for a bingo license shall be accompanied by a written resolution of the governing board or body of the organization which is to conduct such games, officer of said organization and its secretary, authorizing the application for a bingo license;
Item 11.b
Vacaville Municipal Code
Chapter 5.24 BINGO
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through K. Each application for a bingo license shall be accompanied by a certificate issued by the Franchise Tax Board of the state of California or by the Internal Revenue Service certifying the tax-exempt status of the organization applying for said license.
5.24.060 License – Application – Fees.
A. All applications for bingo licenses shall be accompanied by an application fee of fifty dollars, of which fifty percent shall be refunded should the license be denied.
B. The office of the director of finance shall verify the tax-exempt status of the applying organization and shall verify that the bingo games shall be conducted on property owned or leased by the organization or property whose use is donated to the organization, and which is used by that organization for an office or for the performance for the purposes for which the organization is organized.
C. The city director of finance shall forward the application to the chief of police, who shall find and determine that:
1. The conduct of such bingo games at the times and at the place indicated will not disturb the peace of the neighborhood and will not create substantial traffic or parking problems; and
2. Neither the applying organization, nor any person listed in the application, has violated any laws and regulations of the city regarding building, fire, health or safety, or provisions of the ordinance on a previous occasion, and that the applicant has not knowingly and with intent to deceive made any false, misleading, or fraudulent statement of facts in his application or any other documents required by the city to be submitted in connection with the application.
5.24.061 Monthly payments.
A. In addition to the fee provided for in subsection 5.24.060(A) of this chapter, each licensee shall pay, on a monthly basis, a fee for law enforcement and public safety costs incurred by the city that are directly related to bingo activities, as permitted by California Penal Code Section 326.5(l)(2). Such fee shall not exceed the actual costs incurred by the city in providing such services and shall be assessed against the total value of prizes awarded in a month over one thousand five hundred dollars.
B. The additional fee shall be due and payable on the first day of each month and shall be paid to the office of the director of finance, together with such information as the director of finance may require. A licensee’s failure to submit payment of the additional fee within thirty days of the fee’s due date shall be grounds for suspension or revocation of a licensee’s license to conduct bingo games.
C. Licensees awarding less than one thousand five hundred dollars in prizes during any calendar month shall not be required to pay the fee required under this section. However, such licensees shall:
1. Report, on a monthly basis, such information as the director of finance may require, including, but not limited to, the gross revenue, attendance, number of games, and the total amount of prizes awarded during the preceding month. Such report shall be submitted to the office of the director of finance not later than thirty days following the last day of the month for which the report is made. Failure to submit the report within such time period shall be grounds for suspension or revocation of the licensee’s license to conduct bingo games.
2. Post in a prominent and conspicuous place at the location where the bingo games are played a sign notifying game participants that: “This organization qualifies for the small game exemption provided for under Section
5.24.061 of the Vacaville Municipal Code and, as such, is exempt from certain provisions of the Vacaville Bingo Ordinance.”
D. The city or its representative shall have the right to inspect or audit the licensee’s records to determine if proper payments have been made to the city. The cost of such inspection or audit shall be borne by the licensee if the inspection or audit results in increasing, by more than two percent, the licensee’s payment to the city in any calendar year.
Item 11.b
Vacaville Municipal Code
Chapter 5.24 BINGO
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through
5.24.070 License – Suspension or revocation.
A. Calendar year licenses to conduct bingo games shall be suspended by the chief of police for a period up to thirty days if the licensee has violated any of the provisions of this chapter. Prior to the suspension, the licensee shall be given notice and the opportunity to be heard. Such hearings shall be before the chief of police, and a notice shall be given at least five days prior to such hearing, which notice shall contain the grounds set forth for the proposed suspension. Any person may appeal the ruling of the chief of police to the city council within ten days in writing after the ruling has been rendered. Upon the mailing of the notice of suspension, the licensee organization and any person acting in its behalf shall not conduct any bingo games for the duration of the suspension, unless and until such time as the city council acts favorably on the appeal.
B. If the chief of police in his discretion feels that revocation is warranted, he shall request the city council to revoke said license. Upon receipt of the request of the chief of police, the council shall set a public hearing to consider the revocation, and shall cause notice to be issued to the licensee of such hearing at least ten days prior to the hearing.
The city council may revoke any bingo license upon a finding that any provision of this chapter has been violated.
No organization or person listed on a license application may reapply or be granted a bingo license within two years of revocation by the council.
C. If, as a result of any violation of this chapter, a license is suspended or revoked, the licensee shall, at the city’s option, reimburse the city for the costs reasonably incurred by the city in investigating the violation. Such costs shall be limited to the costs of investigating and reviewing the licensee’s books, records and activities by the city or its representative.
5.24.080 Conduct of bingo games.
A. It is a misdemeanor, punishable by a fine not to exceed ten thousand dollars, as authorized by Penal Code Section 326.5(c), for any person to receive a profit, wage or salary from any bingo game.
B. No minors shall be allowed to participate in any bingo game.
C. A licensee shall conduct bingo games only on property owned or leased by it or property whose use is donated to the organization, and which property is used by that organization for an office or for performance of the purposes for which the organization is organized.
D. All bingo games shall be open to the public, not just the members of the nonprofit, charitable organization.
E. A bingo game shall be operated and staffed only by members of the licensee organization. Such members shall not receive a profit, wage or salary from any bingo game. Only the licensee organization shall operate such game or participate in the promotion, supervision or any other phase of such game. This subsection does not preclude the employment of security personnel who are not members of the authorized organization at such bingo game by the organization conducting the bingo game.
F. No individual corporation, partnership, or other legal entity except the licensee organization shall hold a financial interest in the conduct of any bingo game.
G. All profits derived from any bingo game shall be kept in a special fund or account and shall not be comingled with any other fund or account.
H. No person shall be allowed to participate in a bingo game, unless the person is physically present at the time and place in which the bingo game is being conducted.
I. For each separate game of bingo which is held, the total value of prizes available to be awarded during the conduct of such game shall not exceed, in cash or kind, the amount specified in Section 326.5 of the California Penal Code, as such section may be amended or renumbered from time to time.
J. All books and records of income and expenses shall be maintained at the principal place of business of the licensee organization or at such other place as it may designate in writing. Such books and records shall be open to inspection and audit by a city representative at least once in each calendar year or at such reasonable times as the chief of police or director of finance determines necessary to protect the health, safety and welfare of the citizens.
Item 11.b
Vacaville Municipal Code
Chapter 5.24 BINGO
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through K. In addition to subsections A through J of this section, the game of bingo, which includes cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes to certain combinations of numbers or symbols upon uncovering or disclosure of the same, shall be subject to the following rules and regulations:
1. It shall be conducted only by an organization which is licensed to conduct a bingo game in which prizes are awarded on the basis of designated numbers or symbols on a card which conforms to numbers or symbols selected at random.
2. It shall be conducted only at the time and place described in subsections 5.24.050(F) and (G).
3. No person participating in the operation of a bingo game shall purchase a card on the night or day of his or her bingo participation. Notwithstanding the foregoing, persons participating in the operation of a bingo game, other than the bingo caller(s), may purchase cards on the night or day of his or her bingo participation, provided:
a. The total value of prizes awarded does not exceed:
i. One hundred dollars in cash or kind, or both, for each separate game which is held; and ii. Five hundred dollars in cash or kind, or both, for any day on which bingo is played. b. The total number of persons participating in a game is less than one hundred.
5.24.090 Co-sponsoring bingo games.
Organizations authorized and properly licensed to conduct bingo games under this code may jointly conduct a bingo game, provided:
A. Each such organization possesses a valid bingo license as required by this chapter at the time of such game; B. No more than one of the co-sponsoring organizations is conducting bingo games during the then-current calendar month;
C. The co-sponsoring organizations jointly prepare and submit to the director of finance for such games a single monthly report and fee, as required under Section 5.24.061; D. The total value of prizes exempt from the payment of fees for such jointly sponsored games does not exceed one thousand five hundred dollars per month, as provided by Section 5.24.061; and E. No single organization shall claim an exemption from the payment of such fees for prizes exceeding one thousand five hundred dollars in total value awarded in a month.
5.24.100 Penalty for violation.
Any person violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be subject to fine or imprisonment, or both.
5.24.110 Violation deemed nuisance.
In addition to the criminal penalties provided by this code, violation of any provision of this chapter is a public nuisance, which may be abated by the city pursuant to Chapter 8.10.
Item 11.b
Vacaville Municipal Code
Chapter 5.25 BINGO HALLS
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through Chapter 5.25
BINGO HALLS
5.25.010 Definitions.
The following words and phrases, whenever used in this chapter, shall have the following meanings, unless it shall be apparent from the context that they have a different meaning. All words in the present tense shall include the future tense. All words in the singular shall include the plural and all words in the plural shall include the singular, unless the natural construction of the wording indicates otherwise. The word “shall” is mandatory and the word “may” is discretionary.
A. “Bingo” or “bingo games” means a game of chance as defined in Section 5.24.030 of this code.
B. “Bingo hall” means a facility or place that is rented, leased, donated or otherwise allocated to a person or persons possessing a bingo license pursuant to Chapter 5.24 of this code for the purpose of operating or conducting bingo games.
C. “Bingo hall equipment” means supplies, materials, and equipment needed or used to conduct a bingo game including, but not limited to, bingo cards, boards, machinery, tables, and chairs.
D. “Bingo hall license” means a license issued by the city permitting a person to operate and maintain a bingo hall within the city limits.
E. “Bingo hall owner” means and includes the holder of a bingo hall license, the owner(s) of a bingo hall business, and all persons having a legal or equitable interest in the bingo hall or bingo hall business.
F. “Business license” means a business license issued by the city pursuant to Title 5 of this code.
G. “Chief of police” means the chief of police of the city or his or her designee.
H. “Director of finance” means the city’s director of finance or his or her designee.
I. “Employee” means any person who renders any service in connection with the operation or maintenance of a bingo hall and who receives compensation from a bingo hall owner or operator.
J. “Licensee” means the holder of a bingo hall license, including the holder’s employees, agents, and representatives.
K. “Manager” means the person or individual principally in charge of the bingo hall.
L. “Manager’s permit” means a permit issued by the chief of police to a manager of a bingo hall.
M. “Organization” means an organization or group authorized and licensed to conduct bingo games pursuant to Penal Code Section 326.5 and Chapter 5.24 of this code.
N. “Person” means any individual, partnership, firm, association, company, corporation, or combination of individuals of whatever form or character.
5.25.020 Applicability.
The provisions of this chapter shall apply to facilities or places within the city when such facilities or places are used as a bingo hall and shall not apply when such facilities or places are used for other purposes.
5.25.030 License required.
No person shall operate or maintain a bingo hall within the city limits without first having obtained from the city a bingo hall license and a city business license. If a person operates or maintains more than one bingo hall within the city limits, a bingo hall license and city business license shall be obtained for each bingo hall.
Item 11.b
Vacaville Municipal Code
Chapter 5.25 BINGO HALLS
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through
5.25.040 License application.
An application for a bingo hall license shall be filed and submitted to the City Hall. The application shall first be reviewed by the Finance Director or his/her authorized designee. Upon approval, the application shall be forwarded to the Chief of Police or his/her authorized designee for final review and approval. The application shall specify the following information:
A. The applicant’s name, address, and telephone number; B. If the applicant is a sole proprietorship, the full name, address, telephone number, date of birth, driver’s license number, and criminal convictions (other than misdemeanor traffic violations) of the sole proprietor; C. If the applicant is a partnership, the full name, address, telephone number, date of birth, driver’s license number, and criminal convictions (other than misdemeanor traffic violations) of each general and limited partner; D. If the applicant is a corporation, the full name, address, telephone number, date of birth, driver’s license number, and criminal convictions (other than misdemeanor traffic violations) of each officer and director of the corporation and of each stockholder owning ten percent or more of the stock of the corporation; E. A non-refundable application fee, the amount of which shall be set, from time to time, by resolution of the city council. Such fee shall fully reimburse the city for any and all costs associated with processing the application and may be based on an average of all such costs or based upon individual costs for a specific application or a combination of both approaches;
F. Authorization for the chief of police to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for a bingo hall license. Such authorization shall constitute a waiver by the applicant of the confidentiality of the information obtained and reviewed by the chief of police, such as, but not limited to, the information contained in any police record or medical report;
G. The location and size of the proposed bingo hall;
H. Copies of any executed or proposed leases or agreements between the applicant and the organizations intending to use the bingo hall for bingo games;
I. A detailed description of:
1. All activities to be conducted at the bingo hall,
2. The services, equipment, and resources to be provided by the applicant to the organizations conducting bingo games at the bingo hall,
3. The days and hours of operation of the bingo hall,
4. The name, address, and telephone number of each organization intending to conduct bingo games at the bingo hall, and
5. The manner or method in which time or use of the bingo hall will be allocated among such organizations; J. Such other information that the chief of police may deem necessary to investigate the applicant’s character and qualifications to operate a bingo hall.
5.25.050 License issuance.
The chief of police shall approve an application for a bingo hall license, subject to conditions imposed by the chief of police on the exercise of such license, upon the determination that:
A. The applicant has submitted a complete license application; Item 11.b
Vacaville Municipal Code
Chapter 5.25 BINGO HALLS
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through B. The applicant has not knowingly made any false, misleading, or fraudulent statement in the license application or in any document required by the city or the chief of police in conjunction therewith; C. The bingo hall, as proposed by the applicant, if permitted, will not violate any law; and D. The applicant, if an individual; or any of the stockholders owning ten percent or more of the stock of the corporation and any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager of the bingo hall, have not:
1. Had a license similar to a bingo hall license previously suspended or revoked,
2. Been convicted of any state or federal law that regulates racketeering or organized crime activity such as, by way of example, the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. Section 1961 et seq.), and
3. Been convicted of any of the following offenses:
a. Offenses involving the use of force or violence upon the person of another that amounts to a felony, or b. Offenses involving arson, theft, fraud, deceit, misrepresentation, or dishonesty, whether felony or misdemeanor.
The chief of police, however, may disregard any conviction that occurred at least ten years prior to the date of the application, provided the person convicted has had no subsequent felony convictions of any kind and no subsequent misdemeanor convictions for the offenses described above.
5.25.060 Manager’s permit.
No person shall manage or supervise a bingo hall until a manager’s permit has been issued to that person by the chief of police.
A. An application for a manager’s permit shall specify the person’s full name, address, telephone number, date of birth, driver’s license number, and criminal convictions (other than misdemeanor traffic violations).
B. The application shall be accompanied by an application fee, the amount of which shall be set, from time to time, by resolution of the city council. Such fee shall fully reimburse the City for any and all costs associated with processing the application and may be based on an average of all such costs or based upon individual costs for a specific application or a combination of both approaches.
5.25.070 Permit issuance.
The chief of police shall approve an application for a manager’s permit upon the determination that:
A. The applicant has submitted a complete permit application; B. The applicant has not knowingly made any false, misleading, or fraudulent statement in the permit application or in any document required by the city or the chief of police in conjunction therewith; and C. The applicant has not:
1. Had a permit similar to a manager’s permit previously suspended or revoked,
2. Been convicted of any state or federal law that regulates racketeering or organized crime activity such as, by way of example, the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. Section 1961 et seq.), and
3. Been convicted of any of the following offenses:
a. An offense involving the use of force or violence upon the person of another that amounts to a felony, or
Item 11.b
Vacaville Municipal Code
Chapter 5.25 BINGO HALLS
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through b. An offense involving arson, theft, fraud, deceit, misrepresentation, or dishonesty, whether felony or misdemeanor.
The chief of police, however, may disregard any conviction that occurred at least ten years prior to the date of the application, provided the applicant has had no subsequent felony convictions of any kind and no subsequent misdemeanor convictions for the offenses described above.
5.25.080 Assignment of license or permit.
No bingo hall license or manager’s permit may be assigned, transferred, sold, or conveyed without the prior written permission of the chief of police. Any attempt to so assign, transfer, sell, or convey such license or permit shall be void and of no effect and shall be grounds for revocation of said license or permit by the chief of police. (Ord. 1528 §1(part), 1995).
5.25.090 Other permits and approvals.
The approval or issuance of any permit under this chapter shall be in addition to any other approval or permit required by this code or by any other law, rule, or regulation. The approval or issuance of any permit hereunder shall not negate the need to satisfy any and all other requirements prescribed by this code or by any other law, rule, or regulation including, but not limited to, any and all applicable land use, building, and zoning regulations.
5.25.100 Use restrictions.
Bingo halls shall be subject to the following restrictions:
A. No person shall sell, give, dispense, provide, keep, or consume, or cause to be sold, given, dispensed, provided, kept, or consumed any alcoholic beverage on the premises of the bingo hall.
B. Section 9.65.040(A) of this code notwithstanding, smoking shall be permitted in the bingo hall provided there is an enclosed, ventilated area or room in the bingo hall for nonsmokers of a size that is adequate to accommodate all nonsmoking bingo game participants.
C. Security shall be provided by the organization conducting the bingo game in accordance with the security measures that the chief of police may impose as a condition of approval of the bingo hall license.
D. Bingo games shall not be conducted by persons, groups, or organizations not authorized and licensed to conduct bingo games under Penal Code Section 326.5 and Chapter 5.24 of this code. Licensees shall verify in advance of a bingo game that the organization conducting the bingo game is authorized and properly licensed to conduct bingo games as provided in this code. All bingo games conducted at the bingo hall shall be conducted in accordance with Penal Code Section 326.5 and Chapter 5.24 of this code.
E. Local organizations authorized and properly licensed to conduct bingo games under this code shall have priority use of the bingo hall. For the purpose of this subsection, “local organizations” shall mean organizations whose principal purpose is to provide financial assistance or support to persons residing within the city. However, should the demand by local organizations be inadequate to make full use of the bingo hall, the bingo hall may be used by nonlocal organizations authorized and properly licensed to conduct bingo games under this code.
F. Licensees and managers shall not operate or staff a bingo game nor shall they participate in the promotion, supervision, or any other phase of such game. Licensees or managers may provide instruction or training to the organization conducting the bingo game, provided such instruction or training is provided to the organization at no charge.
G. Any agreement or lease for the use of the bingo hall, equipment, or services (e.g., janitorial services, food services, etc.) by an organization authorized and licensed to conduct bingo games shall be in writing and executed prior to the organization’s use of the bingo hall, equipment, or services. Compensation or rent charged for use of the bingo hall, equipment, or services shall not be calculated or based on a percentage share of the proceeds derived from a bingo game. Such compensation or rent shall be a flat charge or rate agreed to in advance of the organization’s use of the bingo hall, equipment, or services. Compensation or rent charged for the use of the bingo hall, equipment, and services shall not exceed the fair market value of comparably-equipped building space in Solano County.
Item 11.b
Vacaville Municipal Code
Chapter 5.25 BINGO HALLS
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through H. With the exception of compensation or rent received for the use of the bingo hall, equipment, or services, no licensee or manager shall have a financial interest in a bingo game conducted at the bingo hall.
I. The licensee may not require as a condition of a lease or rental agreement that the organization rent or purchase bingo game equipment, supplies, or services from the licensee.
5.25.110 Examination or audit of financial records.
The licensee shall keep full, complete, and accurate records of the income received and expenses disbursed in connection with the licensee’s operation of the bingo hall. The city’s director of finance may specify the manner in which such records shall be maintained by the licensee. The director of finance shall have the further right to examine or audit such records during normal business hours and the licensee shall fully cooperate with such examination or audit by making such records available to the director of finance. Failure to cooperate with the director of finance will be grounds for revocation of a bingo hall license. If, as a result of such examination or audit, the director of finance determines that the licensee is in violation of any provision of this chapter, code, or state law, or any condition of the bingo hall license:
A. The licensee shall promptly reimburse the city for the full cost of such examination or audit; and B. The chief of police may suspend or revoke the bingo hall license in accordance with Section 5.25.150 of this chapter.
5.25.120 Annual Review – Inspections.
A. The chief of police may conduct an annual review of the bingo hall and its operation to ensure that the bingo hall is being operated in compliance with the provisions of the bingo hall license and this chapter. The annual review shall be conducted at a time and date set by the chief of police. Notice of the annual review shall be given to the bingo hall owner or manager not less than ten days prior to the date of the annual review. The bingo hall owner and manager shall cooperate with the chief of police during such review. Failure to cooperate with the chief of police will be grounds for revocation of a bingo hall license. If the chief of police fails to conduct the annual review, such failure shall not be deemed to be a waiver of the right to conduct an annual review in any subsequent year. The city council may establish a nonrefundable annual review fee, the amount of which shall be set, from time to time, by resolution of the city council. Such fee shall fully reimburse the city for any and all costs associated with processing the application and may be based on an average of all such costs or based upon individual costs for a specific application or a combination of both approaches.
B. In addition to the annual review specified in subsection (A) of this section, the chief of police or the director of finance shall have the right to enter upon the bingo hall premises during normal hours of operation for the purpose of inspecting the bingo hall and its operation. Such entry and inspection may be made without prior notice to the licensee or the bingo hall manager. At all other times, the chief of police or the director of finance may enter upon the bingo hall premises for the purpose of inspecting the bingo hall and its operation, provided the licensee or bingo hall operator is given not less than twenty-four hours’ prior notice of the entry and inspection. Failure to allow entry following the receipt of such notice shall be grounds for revocation of a bingo hall license.
5.25.130 Suspension or revocation of a bingo hall license.
The chief of police may suspend or revoke a bingo hall license if the chief of police or the director of finance determines that the licensee has violated any provision of this chapter, code, or state law or any condition of a bingo hall license. Such suspension or revocation proceedings shall be conducted in accordance with Section 5.25.150 of this chapter
5.25.140 Suspension or revocation of a manager’s permit.
The chief of police may suspend or revoke a manager’s permit if the chief of police determines that the manager has been convicted of any offense which would be cause for denial of a manager’s permit upon an original application, has made a false statement on an application for a manager’s permit, or has committed an act in violation of this chapter, code, or state law. Such suspension or revocation proceedings shall be conducted in accordance with Section 5.25.150 of this chapter.
Item 11.b
Vacaville Municipal Code
Chapter 5.25 BINGO HALLS
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through
5.25.150 Suspension and revocation proceedings.
A. A bingo hall license or manager’s permit may not be suspended or revoked until the following has occurred. The chief of police shall provide written notice to the licensee or manager of the intended action. The notice shall be personally served upon the licensee or manager or delivered by postage pre-paid, first class mail. The notice shall set forth the following:
1. That the chief of police intends to suspend or revoke the license or permit;
2. The reasons for the proposed suspension or revocation;
3. The effective date and time of such suspension or revocation;
4. The licensee or manager’s right to request a hearing before the chief of police, provided such request is made in writing and is received by the chief of police by five p.m. on the tenth day following the licensee or permit holder’s receipt of the notice; and
5. The licensee or manager’s right to challenge the intended action, to confront the charges, and to present evidence on his or her behalf at the hearing.
B. If the chief of police does not receive a written request for a hearing from the licensee or manager within the time period specified above, the chief of police may suspend or revoke the license or permit without any further notice or proceedings. Such suspension or revocation shall be final and not subject to appeal.
C. If the chief of police receives a written request for a hearing from the licensee or manager within the time period specified above, the chief of police shall conduct the hearing and shall render a decision not later than thirty days from the conclusion of the hearing. The decision shall be in writing and shall be personally served upon the licensee or manager or delivered by postage prepaid, first class mail. The decision of the chief of police may be appealed to the city council, provided written notice of the appeal is received by the city clerk by five p.m. on the tenth day following the date of receipt of the decision by the licensee or manager. If notice of the appeal is not received by the city clerk within such time period, the decision of the chief of police shall be final and not subject to further appeal.
D. If notice of the appeal is received by the city clerk within such time period, the city council shall hear the appeal and shall uphold, overrule, or modify the decision of the chief of police. The decision of the city council shall be final and shall not be subject to appeal.
Item 11.b
Vacaville Municipal Code
Chapter 5.26 BINGO SUPPLIERS
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through Chapter 5.26
BINGO SUPPLIERS
5.26.010 Definitions.
The following words and phrases, whenever used in this chapter, shall have the following meanings, unless it shall be apparent from the context that they have a different meaning. All words in the present tense shall include the future tense. All words in the singular shall include the plural and all words in the plural shall include the singular, unless the natural construction of the wording indicates otherwise. The word “shall” is mandatory and the word “may” is discretionary.
A. “Bingo” or “bingo games” means a game of chance as defined in Section 5.24.030 of this code.
B. “Bingo supplies” means equipment, supplies, products, goods, or other items used to conduct a bingo game.
C. “Bingo supplier” or “supplier” means any person or entity that sells, rents, leases, or otherwise provides bingo supplies for use in the conduct of a bingo game.
D. “Bingo supplier license” or “license” means a license issued by the city permitting a person to sell, rent, lease, or otherwise provide bingo supplies.
E. “Business license” means a business license issued by the city pursuant to Title 5 of this code.
F. “Chief of police” means the chief of police of the city or his or her designee.
G. “Director of finance” means the city’s director of finance or his or her designee.
H. “Licensee” means the holder of a bingo supplier license issued by the city permitting a person to sell, rent, lease, or otherwise provide bingo supplies within the city limits.
I. “Person” means any individual, partnership, firm, association, company, corporation, or combination of individuals of whatever form or character.
5.26.020 Applicability.
The provisions of this chapter shall apply to persons who sell, rent, lease, or otherwise provide bingo supplies for use within the city limits.
5.26.030 License required.
No person shall sell, rent, lease, or otherwise provide bingo supplies for use within the city limits without first having obtained from the city a bingo supplier license and a city business license, whether or not the person operates from a fixed location within the city.
5.26.040 License application.
An application for a bingo supplier license shall be filed with the chief of police. The application shall specify the following information:
A. The applicant’s name, address, and telephone number; B. If the applicant is a sole proprietorship, the full name, address, telephone number, date of birth, driver license number, and criminal convictions (other than misdemeanor traffic violations) of the sole proprietor; C. If the applicant is a partnership, the full name, address, telephone number, date of birth, driver license number, and criminal convictions (other than misdemeanor traffic violations) of each general and limited partner; Item 11.b
Vacaville Municipal Code
Chapter 5.26 BINGO SUPPLIERS
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through D. If the applicant is a corporation, the full name, address, telephone number, date of birth, driver license number, and criminal convictions (other than misdemeanor traffic violations) of each officer and director of the corporation and of each stockholder owning ten percent or more of the stock of the corporation; E. A nonrefundable fee, the amount of which shall be set, from time to time, by resolution of the city council. Such fee shall fully reimburse the city for any and all costs associated with processing the application and may be based on an average of all such costs or based upon individual costs for a specific application or a combination of both approaches;
F. Authorization for the chief of police to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for a bingo supplier license. Such authorization shall constitute a waiver by the applicant of the confidentiality of the information obtained and reviewed by the chief of police, such as, but not limited to, the information contained in any police record or medical report;
G. Such other information that the chief of police may deem necessary to investigate the applicant’s character and qualifications to sell, rent, lease, or otherwise provide bingo supplies within the city limits.
5.26.050 License issuance.
The chief of police shall approve an application for a bingo supplier license, subject to conditions imposed by the chief of police on the exercise of such license, upon the determination that:
A. The applicant has submitted a complete license application; B. The applicant has not knowingly made any false, misleading, or fraudulent statement in the license application or in any document required by the chief of police in conjunction therewith; C. The applicant, if an individual; or any of the stockholders owning ten percent or more of the stock of the corporation and any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership, have not:
1. Had a license similar to a bingo supplier license previously suspended or revoked;
2. Been convicted of any state or federal law that regulates racketeering or organized crime activity such as, by way of example, the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. §1961 et seq.); and
3. Been convicted of any of the following offenses:
a. Offenses involving the use of force or violence upon the person of another that amounts to a felony, or b. Offenses involving arson, theft, fraud, deceit, misrepresentation, or dishonesty, whether felony or misdemeanor.
The chief of police, however, may disregard any conviction that occurred at least ten years prior to the date of the application, provided the person convicted has had no subsequent felony convictions of any kind and no subsequent misdemeanor convictions for the offenses described above.
5.26.060 Assignment of license.
No bingo supplier license may be assigned, transferred, sold, or conveyed without the prior written permission of the chief of police. Any attempt to so assign, transfer, sell, or convey such license shall be void and of no effect and shall be grounds for revocation of said license by the chief of police.
5.26.070 Other permits and approvals.
The approval of any license under this chapter shall be in addition to any other license, approval or permit required by this code or by any other law, rule or regulation. The approval or issuance of any license hereunder shall not negate the need to satisfy any and all other requirements prescribed by this code or by any other law, rule, or regulation.
Item 11.b
Vacaville Municipal Code
Chapter 5.26 BINGO SUPPLIERS
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through
5.26.080 Records.
A. A licensee shall maintain and keep full and accurate records of all inventory, income received, and expenses disbursed in connection with the sale, rental, lease, or provision of any bingo supplies for use in the conduct of bingo games and as necessary to determine or establish compliance with this code and other applicable laws, rules, and regulations, as they may be amended from time to time, pertaining to the licensee’s operations. The records shall be maintained in such manner as may be prescribed by the director of finance or, when not so prescribed, in a manner consistent with generally accepted accounting principles and practices.
B. The director of finance shall have the right to inspect or audit the records described in subsection A during normal business hours to ensure compliance with the provisions of this code and other applicable laws, rules, and regulations pertaining to the licensee’s operations. The inspection or audit shall be conducted at a time and date set by the director of finance. Notice of the inspection or audit shall be given to the licensee not less than ten days prior to the date of the inspection or audit. The licensee shall cooperate with the director of finance during the inspection or audit. Failure to cooperate with the director of finance will be grounds for revocation of a bingo supplier license.
5.26.090 Participation in bingo games prohibited.
Bingo games shall be operated and staffed only by members of the authorized organization which organized it.
Licensees shall not organize, manage, supervise, conduct, control, or otherwise participate in or influence either the operation of any bingo game conducted in the city or the promotion thereof.
5.26.100 Prohibition on financial interest in bingo games.
With the exception of compensation received from the sale, rent, lease, or provision of bingo supplies, no licensee shall have a financial interest in the conduct of a bingo game operated in the city. For the purpose of this section, “financial interest in the conduct of a bingo game,” shall include, but not be limited to when:
A. The price of the bingo supplies is adjusted based on the profits, losses, or tax exempt status of the person using the bingo supplies;
B. The price of the bingo supplies is based on a percentage of bingo game revenues, receipts, proceeds, profits, or prizes;
C. The licensee absorbs, shares, or otherwise participates in the losses or profits of the person conducting the bingo game;
D. The licensee fails to charge for bingo supplies;
E. The licensee fails to collect on an unpaid account or invoice that is past due sixty or more days from the date of delivery of the bingo supplies;
F. The licensee limits the purchases or rental of bingo supplies to a particular bingo supplier; or G. The licensee advances or receives a loan from the person conducting the bingo game. For the purpose of this subsection, a loan shall not include an invoice or account that is not more than sixty days past due, as provided in subsection E of this section.
5.26.110 Suspension or revocation of a bingo supplier license.
The chief of police may suspend or revoke a bingo supplier license if the chief of police or the director of finance determines that the licensee has violated any provision of this chapter, code, or state law or any condition of a bingo supplier license. Such suspension or revocation proceedings shall be conducted in accordance with Section 5.26.120 of this chapter.
5.26.120 Suspension and revocation proceedings.
A. A bingo supplier license may not be suspended or revoked until the following has occurred. The chief of police shall provide written notice to the licensee of the intended action. The notice shall be personally served upon the licensee or delivered by postage prepaid, first class mail. The notice shall set forth the following:
1. That the chief of police intends to suspend or revoke the license; Item 11.b
Vacaville Municipal Code
Chapter 5.26 BINGO SUPPLIERS
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through
2. The reasons for the proposed suspension or revocation;
3. The effective date and time of such suspension or revocation;
4. The licensee’s right to request a hearing before the chief of police, provided such request is made in writing and is received by the chief of police by five p.m. on the tenth day following the licensee’s receipt of the notice; and
5. The licensee’s right to challenge the intended action, to confront the charges, and to present evidence on his or her behalf at the hearing.
B. If the chief of police does not receive a written request for a hearing from the licensee within the time period specified above, the chief of police may suspend or revoke the license without any further notice or proceedings.
Such suspension or revocation shall be final and not subject to appeal.
C. If the chief of police receives a written request for a hearing from the licensee within the time period specified above, the chief of police shall conduct the hearing and shall render a decision not later than thirty days from the conclusion of the hearing. The decision shall be in writing and shall be personally served upon the licensee or delivered by postage prepaid, first class mail. The decision of the chief of police may be appealed to the city council, provided written notice of the appeal is received by the city clerk by five p.m. on the tenth day following the date of receipt of the decision by the licensee. If notice of the appeal is not received by the city clerk within such time period, the decision of the chief of police shall be final and not subject to further appeal.
D. If notice of the appeal is received by the city clerk within such time period, the city council shall hear the appeal and shall uphold, overrule, or modify the decision of the chief of police. The decision of the city council shall be final and shall not be subject to appeal. (Ord. 1569 §7(part), 1997).
Item 11.b
Vacaville Municipal Code
Chapter 5.32 TAXICABS
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through Chapter 5.32
TAXICABS
5.32.010 Definitions.
The following words and phrases when used in this chapter have the meanings as set out in this section:
A. “Call box stand” means a place alongside a street, or elsewhere, where the city council has authorized a holder of a certificate of public convenience and necessity to install a telephone or call box for the taking of calls and the dispatching of taxicabs or to maintain a cab stand.
B. “Certificate” means a certificate of public convenience and necessity issued by the city council authorizing the holder thereof to conduct a taxicab business in the city.
C. “Cruising” means the driving of a taxicab on the streets, alleys, or public places of the city in search of or soliciting prospective passengers for hire.
D. “Driver’s permit” means the permission granted by the chief of police to a person to drive a taxicab upon the streets of the city.
E. “Holder” means a person to whom a certificate of public convenience and necessity has been issued.
F. “Manifest” means a daily record prepared by a taxicab driver of all trips made by said driver showing time and place of origin, destination, number of passengers, and the amount of fare of each trip.
G. “Open stand” means a public place alongside the curb of a street or elsewhere, in the city which has been designated by the city council as reserved exclusively for the use of taxicabs.
H. “Person” includes an individual, a corporation or other legal entity, a partnership, and any unincorporated association.
I. “Rate card” means a card issued by the city council for display in each taxicab which contains the rates of fare then in force.
J. “Taxicab” means a motor vehicle regularly engaged in the business of carrying passengers for hire, having a seating capacity of less than eight persons and not operated on a fixed route.
K. “Waiting time” means the time when a taxicab is not in motion from any time of acceptance of a passenger or passengers to the time of discharge, but does not include any time that the taxicab is not in motion if due to any cause other than the request, act or fault of a passenger or passengers.
5.32.020 Certificate – Required.
No person shall operate or permit a taxicab owned or controlled by them to be operated as a vehicle for hire upon the streets of the city without having first obtained a certificate of public convenience and necessity from the city council.
5.32.030 Certificate – Application.
An application for a certificate of public convenience and necessity shall be filed, in duplicate, with the office of the city clerk upon forms provided by the city together with a non-refundable application fee set by resolution of the city council. The application shall be verified under oath and shall furnish the following information:
A. The name and address of the applicant;
B. The financial status of the applicant, including the amounts of all unpaid judgments against the applicant and the nature of the transaction or acts giving rise to said judgments; Item 11.b
Vacaville Municipal Code
Chapter 5.32 TAXICABS
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through C. The experience of the applicant in the transportation of the passengers; D. Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate;
E. The number of vehicles to be operated or controlled by the applicant; F. The color scheme or insignia to be used to designate the vehicle or vehicles of the applicant:
G. Such further information as the chief of police of the city may require.
5.32.040 Certificate – Copy to police chief.
On receipt of an application for a certificate of public convenience and necessity, the city clerk shall immediately forward a copy thereof to the chief of police.
5.32.050 Certificate – Hearings.
Upon the filing of an application for a certificate of public convenience and necessity, the city clerk shall fix a time and place for a public hearing thereon. Notice of such hearing shall be given to the applicant and to all persons to whom certificates of public convenience and necessity have been theretofore issued. Any interested person may file with the city clerk a memorandum in support of or opposition to the issuance of a certificate.
5.32.060 Certificate – Issuance of denial.
A. If the city council finds that further taxicab service in the city is required by the public convenience and necessity and that the applicant is fit, willing, and able to perform such public transportation and to conform to the provisions of this chapter and the rules promulgated by the city council, then the chief of police shall issue a certificate stating the name and address of the applicant, the number of vehicles authorized under said certificate and the date of issuance; otherwise, the application shall be denied.
B. In making the above findings, the city council shall take into consideration the number of taxicabs already in operation, whether existing transportation is adequate to meet the public need, the probable effect of increased service on local traffic conditions, and the character, experience, and responsibility of the applicant.
5.32.070 Certificate – Transferability.
No certificate or public convenience and necessity may be sold, assigned, mortgaged or otherwise transferred.
5.32.080 Certificate – Annual fees.
A. No certificate shall be issued or continued in operation unless the holder thereof has paid an annual license fee of fifty dollars for the right to engage in the taxicab business and five dollars per year for each vehicle operated under a certificate of public convenience and necessity.
B. Each permit shall be issued annually and shall expire at the end of said period.
5.32.090 Insurance.
No certificate of public convenience and necessity shall be issued or continued in operation unless there is in full force and effect a liability insurance policy issued by an insurance company authorized to do business in the state, in such types and amounts as required by the City's then-current insurance requirements for similar operations, as established by the City Manager or his or her designee. A copy of every policy of insurance and renewals thereof shall be provided by the applicant and filed with the chief of police.
5.32.100 Certificate – Quarterly fees.
No certificate of public convenience and necessity shall be issued or continued in operation unless the holder thereof has paid a quarterly license fee of ten dollars and twenty-five cents for the right to engage in the taxicab business and one dollar each quarter for each vehicle operated under a certificate of public convenience and necessity.
5.32.110 Driver’s license – Required.
No person shall operate a taxicab for hire upon the streets of the city, and no person who owns or controls a taxicab shall permit it to be so driven, and no taxicab licensed by the city shall be so driven at any time for hire, unless the Item 11.b
Vacaville Municipal Code
Chapter 5.32 TAXICABS
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through driver of said taxicab has first obtained and then has in force a taxicab driver’s license issued under the provisions of this chapter.
5.32.120 Driver’s license – Application.
A. An application for a taxicab driver’s permit shall be filed with the chief of police on forms provided by the city.
Such application shall be verified under oath and shall contain such information as the chief of police may require.
B. Each application shall be accompanied by a certificate from a reputable physician of the city certifying that, in his opinion, the applicant is not afflicted with any disease or infirmity which might make the applicant an unsafe or unsatisfactory driver.
5.32.130 Driver’s license – Chauffeur’s license required.
Before any application for a driver’s license is finally passed upon by the chief of police, the applicant shall show that he has a current motor vehicle, class I, II or III license issued by the state.
5.32.140 Driver’s license – Investigation.
The police department shall conduct an investigation of each applicant for a taxicab driver’s license and a report of such investigation and a copy of the traffic and police record of the applicant, if any, shall be attached to the application for the consideration of the chief of police.
5.32.150 Driver’s license – Approval or rejection.
The chief of police upon consideration of the application for a permit and the reports and certificate required to be attached thereto shall approve or reject the application. If the application is rejected, the applicant may request a personal appearance before the city manager to offer evidence why his application should be reconsidered.
5.32.160 Taxi permit – Contents.
A. Upon approval of an application for a taxicab driver’s permit, the chief of police shall issue a permit to the applicant which shall bear the name, address, color, age, signature and photograph of the applicant.
B. Such permit shall be in effect for the remainder of the calendar year. A permit for every calendar year thereafter shall issue upon the payment of the annual fee unless the permit for the preceding year has been revoked.
5.32.170 Driver’s license – Display.
Every driver licensed under this chapter shall post his permit in such a place as to be in full view of all passengers while such driver is operating a taxicab.
5.32.180 Permit – Suspension or revocation.
The chief of police is given the authority to suspend any permit issued under this chapter for a driver’s failing or refusing to comply with the provisions of this chapter, such suspension to last for a period of not more than twenty days. The chief of police is also given authority to revoke any permit for failure to comply with the provisions or this chapter. However, a permit may not be revoked unless the driver has received notice and has had an opportunity to present evidence in his behalf before the city manager.
5.32.190 Compliance required.
Every driver licensed under this chapter shall comply with all city, state and federal laws. Failure to do so will justify the chief of police suspending or revoking the permit.
5.32.200 Vehicle – Inspection.
A. Prior to the use and operation of any vehicle under the provisions of this chapter said vehicle shall be thoroughly examined and inspected by the police department and found to comply with such reasonable rules and regulations as may be prescribed by the chief of police. These rules and regulations shall be promulgated to provide safe transportation and shall specify such safety equipment and regulatory devices as the chief of police shall deem necessary there for.
B. Every vehicle operating under this chapter shall be periodically inspected by the police department at such intervals as shall be established by the chief of police to insure the continued maintenance of safe operating conditions.
Item 11.b
Vacaville Municipal Code
Chapter 5.32 TAXICABS
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through C. Every vehicle operating under this chapter shall be kept in a clean and sanitary condition.
5.32.210 Vehicle – Identification.
Each taxicab shall bear on the outside the name of the owner; and, in addition, may bear an identifying design approved by the city council. No vehicle covered by the terms of this chapter shall be licensed whose color scheme, identifying design, monogram, or insignia to be used thereon shall, in the opinion of the city council, conflict with or imitate any color scheme, identifying design, monogram or insignia used on a vehicle or vehicles already operating under this chapter, in such a manner as to be misleading or tend to deceive or defraud the public; and provided further, that if, after a license has been issued for a taxicab under this chapter, the color scheme, identifying design, monogram, or insignia thereof is changed so as to be, in the opinion of the city council, in conflict with or imitates any color scheme, identifying design, monogram, or insignia used by any other person, owner or operator, in such a manner as to be misleading or tends to deceive the public, the permit of or certificate covering such taxicab or taxicabs shall be suspended or revoked.
5.32.220 Fare rates.
The fare rates shall be adopted by council resolution and amended by council resolution from time to time as council may determine proper.
5.32.230 Refusal to pay legal fare.
It is unlawful for any person to refuse to pay the legal fare of any of the vehicles mentioned in this chapter after having hired the same, and it is unlawful for any person to hire any vehicle defined in Section 5.32.010 with intent to defraud the person from whom it is hired of the value of such service.
5.32.240 Solicitation of passengers.
A. No driver shall solicit passengers for a taxicab except when sitting in the driver’s compartment of such taxicab or while standing immediately adjacent to the curb side thereof.
B. No driver shall solicit patronage in a loud or annoying tone of voice or by sign or in any manner annoy any person or obstruct the movement of any persons, or follow any person for the purpose of soliciting patronage.
C. No driver, owner, or operator shall solicit passengers at the terminal of any other common carrier, nor at any intermediate points along any established route of any other common carrier.
5.32.250 Manner of receiving and discharging passengers.
Drivers of taxicabs shall not receive or discharge passengers in the roadway but shall pull up to the right-hand sidewalk as nearly as possible or in the absence of a sidewalk, to the extreme right-hand side of the road and there receive or discharge passengers, except upon one-way streets, where passengers may be discharged at either the right-hand or left-hand sidewalk, or side of the roadway in the absence of a sidewalk.
5.32.260 Cruising prohibited.
No driver of a taxicab shall cruise in search of passengers.
5.32.270 Additional passengers.
No taxicab driver shall permit any other person to occupy or ride in said taxicab unless the person or persons first employing the taxicab consent to the acceptance of additional passenger or passengers.
5.32.280 Refusing to carry orderly Persons prohibited.
No taxicab driver shall refuse or neglect to convey any orderly person or persons, upon request, unless previously engaged or unable or forbidden by the provisions of this chapter to do so.
5.32.290 Prohibited acts of drivers.
It is a violation of this chapter for any driver of a taxicab to solicit business for any hotel, motel or rooming house, or to attempt to divert patronage from one hotel, motel or rooming house to another. Neither shall such driver engage in selling intoxicating liquors or solicit business for any house of ill repute or use his vehicle for any purpose other than the transporting of passengers.
Item 11.b
Vacaville Municipal Code
Chapter 5.32 TAXICABS
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through
5.32.300 Call box – Establishment.
The city council is authorized and empowered to establish call box stands upon the streets of the city in such places as in its discretion it deems proper. A holder desiring to establish a call box stand shall make written application to the chief of police. The applicant must attach to the application the written approval of the abutting property owners of said space consenting to the creation of such stand. Upon filing of the application, the police department shall make an investigation of the traffic conditions at said place and shall thereafter file their written recommendation to the city council. The city council shall then either grant or refuse the application. When a call box stand has been established as provided in this section, it shall be used solely by the holder to whom the same was granted and his agents and servants and no other holder shall be permitted to use the same.
5.32.310 Call box – Use by other vehicles.
Private or other vehicles for hire shall not at any time occupy the space upon the streets that has been established as call box stands.
5.32.320 Overall service.
All persons engaged in the taxicab business in the city operating under the provisions of this chapter shall render an overall service to the public desiring to use taxicabs. Holders of certificates of public convenience and necessity shall maintain a central place of business and keep the same open twenty-four hours a day for the purpose of receiving calls and dispatching cabs. They shall answer all calls received by them for services inside the corporate limits of the city as soon as they can do so, and if said services cannot be rendered within a reasonable time, they shall notify the prospective passengers how long it will be before the call can be answered and give the reason there for. Any holder who refuses to accept a call anywhere in the corporate limits of the city at any time when such holder has available cabs; or who fails or refuses to give overall service shall be deemed a violator of this chapter and the permit granted to such holder shall be revoked at the discretion of the city council.
5.32.330 Manifests.
A. Every driver shall maintain a daily manifest upon which are recorded all trips made each day, showing time and place of origin and destination of each trip and amount of fare and all such completed manifests shall be returned to the owner by the driver at the conclusion of his tour of duty. The forms for each manifest shall be furnished to the driver by the owner and shall be of a character approved by the chief of Police.
B. Every holder of a certificate of public convenience and necessity shall retain and preserve all driver’s manifests in a safe place for at least the calendar year next preceding the current calendar year, and said manifests shall be available to the police department.
5.32.340 Accident reports.
All accidents arising from or in connection with the operation of taxicabs which result in death or injury to any person, or in damage to any vehicle, or to any property in an amount exceeding the sum of one hundred dollars, shall be reported within twenty-four hours from the time of occurrence to the police department.
5.32.350 Advertising.
Subject to the rules and regulations of the chief of police, it is lawful for any person owning or operating a taxicab or motor vehicle for hire to permit advertising matter to be affixed to or installed in or on such taxicabs or motor vehicles for hire.
5.32.360 Enforcement.
The police department of the city is given the authority and is instructed to watch and observe the conduct of holders and drivers operating under this chapter. Upon discovering a violation of the provisions of this chapter, the police department shall report the same to the chief of police, who will order to take appropriate action.
Item 11.b
Vacaville Municipal Code
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through Chapter 5.36
VENDING MACHINES, JUKEBOXES AND MECHANICAL AMUSEMENT DEVICES
5.36.010 Definitions.
As used in this chapter, unless the context otherwise indicates:
A. “Cigarette and vaping product vending machine” means any self-service device or automatic machine designed for the sale or distribution of cigarettes, electronic cigarettes (e-cigarettes), vaping devices, e-liquids, matches, or other tobacco or nicotine products, which is activated by the insertion of coin(s), token(s), card(s), or any other form of payment. This definition does not include machines used exclusively for the sale of services, food, beverages, or confections;
B. “Food vending machine” means any automatic food vending machine that requires the insertion of twenty-five cents or more;
C. “Jukebox” means any music vending machine contrivance or device which, upon the insertion of a coin, slug, token, plate, disc, or key into any slot, crevice, or other opening, or by the payment of any price, operates or may be operated, for the emission of songs, music or similar amusement; D. “Mechanical amusement device” means any machine, which, upon the insertion of a coin, slug, token, plate, or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It includes such devices as marble machines, pinball machines, skill ball, mechanical grab machines and all games, operations, or transactions similar thereto under whatever name they may be indicated; E. “Person,” “firm,” “corporation,” or “association” as used in this chapter includes the following: any person, firm, corporation or association which owns any such machines; the person, firm, corporation or association in whose place of business any such machine is placed for use by the public: and the person, firm, corporation or association having control over such machine; provided, however, that the payment of such fee by any person, firm, corporation or association enumerated in this section are deemed a compliance with this section.
5.36.020 Gambling prohibited.
Nothing in this chapter shall in any way be construed to authorize, license or permit any gambling devices whatsoever, or any mechanism that has been judicially determined to be a gambling device, or in any way contrary to law, or that may be contrary to any future law, or that may be contrary to any future laws of the state.
5.36.030 License – Required.
Any person, firm, corporation or association displaying for public patronage or keeping for operation any cigarette and vaping product vending machine, food vending machine, jukebox, or mechanical amusement device as defined by Section 5.36.010 shall be required to obtain a license from the city, upon payment of a license fee. Application for such license shall be made to the city tax collector upon a form to be supplied by the city tax collector for that purpose.
5.36.040 License – Application.
A. The application for such license shall contain the following information:
1. Name and address of the applicant, age, date and place of birth;
2. Prior convictions of applicant, if any;
3. Place where machine or device is to be displayed or operated and the business conducted at that place;
4. Description of machine to be covered by the license, mechanical features, name of manufacturer, and serial number.
B. No license shall be issued to any applicant unless he is over eighteen years of age.
Item 11.b
Vacaville Municipal Code
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through
5.36.050 License – Investigation.
Application for a license shall be made to the chief of police. The chief of police shall investigate the location wherein it is proposed to operate such a machine, ascertain if the applicant is a person of good moral character, and either approve or disapprove the application. No license shall be issued to any applicant unless approved by the chief of police.
5.36.060 License – Fees – Designated.
A. Every applicant, before being granted a license shall pay the following annual license fee for the privilege of operating or maintaining for operation cigarette and vaping product vending machines, jukeboxes or mechanical amusement devices as defined in Section 5.36.010: An annual registration tax of fifteen dollars.
B. In addition to the registration tax, those firms shall pay an annual license tax of one dollar and fifteen cents for each one thousand dollars of gross receipts derived therefrom.
C. Persons who own and operate vending machines as an incident to a business licensed by other provisions of this title shall not be subject to additional licenses for such vending machines.
D. Each license shall be issued either annually or semiannually and shall expire at the end of said period.
5.36.070 License – Term.
No license shall be issued under this chapter for a term in excess of one year. No license shall be issued for any period extending beyond the thirtieth of June. All semiannual licenses shall expire either on June thirtieth or December thirty-first.
5.36.080 License – Fees – Proration for new business.
A. Annual business licenses and annual business license taxes for new business commencing after the first day of July may be prorated for the balance of the license period according to the following schedule:
For New Business Commencing Percent of Taxes to be Paid During the semiannual period beginning July 1st 100%
During the semiannual period beginning January 1st 50%
B. There shall be no proration for a new business which elects to operate under a semiannual license.
5.36.090 License – Fees – Where payable.
All license taxes imposed under this chapter shall be paid to the tax collector in lawful money of the United States at the office of the tax collector in the city hall.
5.36.100 License – Fees – When Payable.
All license taxes imposed under this chapter shall be paid in advance, except where otherwise specifically provided, and shall be due and payable at the following times:
A. Annual Business License Taxes. On the first day of May each year.
B. When a business discontinues, dissolves or otherwise terminates before the expiration of a business license tax period, any taxes accrued and owing to the city under the provisions of this chapter, including any business license taxes that would not otherwise be payable until the close of the business license tax period during which termination occurs or until time of paying the tax for the next succeeding business license tax period, shall be due and payable on the date of termination.
5.36.110 License – Fees – Delinquency date.
Unless otherwise specifically provided under other provisions of this chapter, all business license taxes required to be paid under this chapter shall be deemed delinquent if not paid on or before or within the time prescribed as follows:
Item 11.b
Vacaville Municipal Code
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through A. Annual business license taxes, on or before the close of business on the last day of the month in which the tax became due;
B. Business license taxes unpaid when a business has been discontinued, dissolved or otherwise terminated, within thirty days of the termination of the business.
5.36.120 Delinquency penalty.
Any person who fails to pay any license taxes required to be paid by this chapter within the time required shall pay a penalty of fifty percent of the amount of the tax in addition to the amount of such tax, and he shall pay an additional ten percent of the amount of such tax for each month of continued delinquency after the first month. If said taxes are not paid sixty days after the due date, the chief of police may confiscate said machines and hold until all taxes and penalties are paid.
5.36.130 License – Display.
A. The license or licenses provided for in this chapter shall be posted permanently and conspicuously at the location of the machine in the premises wherein the device is to be operated or maintained to be operated.
B. Such license may be transferred from one machine or device to another similar machine upon application to the city tax collector to such effect and the giving of a description and the serial number of the new machine or device.
Not more than one machine shall be operated under one license and the applicant or licensee shall be required to secure a license for each and every machine displayed or operated by the applicant or licensee.
C. If the licensee moves his place of business to another location within the city, the license may be transferred to such new location upon application to the city tax collector, giving the street and number of the new location. The new location shall be approved by the chief of police in the same manner as provided in Section 5.36.050.
5.36.140 Age and hours restrictions.
A. No person, firm, corporation or association holding a license under this chapter shall permit persons under eighteen years of age to play or operate any cigarette and vaping product vending machine or mechanical amusement device as defined in Section 5.36.010.
B. No person, firm, corporation or association holding a license under this chapter shall permit the playing of jukeboxes, as defined in Section 5.36.010, between the hours of two a.m. and six a.m. of any day.
5.36.150 License – Revocation.
Every license issued under this chapter is subject to the right, which is expressly reserved, to revoke the same should the licensee, directly or indirectly, permit the operation of any cigarette and vaping product vending machine, jukebox or mechanical amusement device contrary to the provisions of this chapter, the ordinances of the city, or the laws of the state, said license may be revoked by the city council after written notice to the licensee, which notice shall specify the ordinance or law violations with which the licensee is charged if, after a hearing, the licensee is found to be guilty of such violations. Ten days notice of the hearing shall be given the licensee. At such hearing the licensee and his attorney may present and submit evidence of witnesses in his defense.
5.36.160 Machine impoundment.
If the chief of police has reason to believe any mechanical amusement device is used as a gambling device, such machine may be seized by the police and impounded and if, upon trial of the exhibitor for allowing it to be used as a gambling device, said exhibitor is found guilty, such machine shall be destroyed by the police.
5.36.170 Penalty for violation.
Any person, firm or corporation violating any of the provisions of this chapter, in addition to the revocation of his or its license, shall be liable to a fine or penalty of up to five hundred dollars for each offense, or imprisonment in the county jail up to thirty days or both.
Item 11.b
City of Vacaville, CA
§ 5.04.010
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.04.040
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City of Vacaville, CA
§ 5.04.010
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.04.040
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CHAPTERChapter 5.04
PURPOSE AND DEFINITIONS
§ 5.04.010. Purpose.
This title is enacted solely to raise revenue for municipal purposes and is not intended for purposes of regulation. (Ord. 923 § 1, 1977)
§ 5.04.020. Definitions generally.
For the purpose of this title, certain words and phrases are defined, and certain provisions shall be construed as set forth in this section, unless it is apparent from their context that a different meaning is intended. (Ord. 923 § 2, 1977)
§ 5.04.030. Average number of employees.
A. "A. “Average number of employees"” means the average number of employees employed in the city in the applicant'sapplicant’s business during the one year immediately preceding the commencement of the year for which the license is being issued, and shall be determined as follows:
1. 1. By ascertaining the number of employees as defined in this section, employed within the city, earning wages during pay periods nearest the fifteenth day of each month as reported to the StateEmployment Development Department of Employment on forms which are used for reporting payments due under the California Unemployment Insurance ActCode, for each month of the previous calendar year, adding the same and dividing by twelve. If the employer has been in business less than one year, hethe employer may use the estimated number of employees who will be employed by him during the remainder of the fiscal year; or
2. 2. At the option of the licensee, the average number of persons employed daily in the applicant'sapplicant’s business for one year for the purpose of fixing the license tax due under this title shall be determined by ascertaining the total number of hours of service performed by all employees in the city during the previous year and dividing the total number of hours of service thus obtained by the number of hours of service constituting a year'syear’s work of one full-time employee according to the custom or laws governing such employment. On the basis of no other information, a year'syear’s work shall be computed on a thirty-five hour week.
B. B. In computing the average number of persons employed, fractions of numbers after the first employee, shall be excluded. rounded down to the nearest whole number prior to applying the license tax. (Ord. 923 § 2.6, 1977; Ord. 1634, Amended, 02/11/2000)
§ 5.04.040. Business.
"“Business"” means professions, trades, and occupations and all and every kind of calling carried on for profit or livelihood.
Item 11.b
City of Vacaville, CA
§ 5.04.040
VACAVILLE CODE § 5.04.110
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City of Vacaville, CA
§ 5.04.040
VACAVILLE CODE § 5.04.110
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(Ord. 923 § 2.2, 1977)
§ 5.04.050. City.
"“City"” means the city of Vacaville. (Ord. 923 § 2.1, 1977)
§ 5.04.060. Employee.
"“Employee"” means each and every natural person engaged in the operation or conduct of any business, whether as owner, member of the owner'sowner’s family, partner, associate, agent, manager or solicitor, and each and every other natural person employed or working in such business within the city., whether on a permanent, seasonal, temporary, probationary, full- time, or part-time basis, regardless of basis of compensation, and any and all other persons employed or working in such business, including but not limited to students and apprentices working in connection with instruction in any business, for which service the owner, operator, or management receives compensation or a thing of value. (Ord. 923 § 2.5, 1977)
§ 5.04.070. Engaged in business.
"“Engaged in business"” means the conducting, operating, managing or carrying on of a business, whether done as owner, or by means of an officer, agent, manager, employee, servant or otherwise. (Ord. 923 § 2.3, 1977)
§ 5.04.080. Fixed place of business.
"“Fixed place of business"” means the premises occupied in the city for the particular purpose of conducting a business thereat and regularly kept open for that purpose with a competent person in attendance for the purpose of attending to said business.
(Ord. 923 § 2.11, 1977)
§ 5.04.090. Gross receipts.
"“Gross receipts"” means the total amount of the sales price of all sales and the total amount charged or received for the performance of any act, service, or employment, for whatever nature it may be, for which a charge is made or credit allowed. Included in gross receipts shall be all receipts, cash, credits and property of any kind or nature and any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service cost, interest paid or payable or losses or other expenses whatever. Excluded from gross receipts shall be cash discounts allowed and taken on sales, value of property accepted as part of the purchase price and which property will later be sold, any tax which is measured by the sales price or the gross receipts from the sale or which is a stated sum per unit of such property sold, included in or added to the purchase price and collected from the consumer or purchaser, and such part of the sales price of property returned by the purchaser upon rescission of the contract of sale as is refunded either in cash or by credit. (Ord. 923 § 2.10, 1977)
§ 5.04.100. License.
"“License"” or “business license” means the certificatebusiness tax receipt issued by the city to the taxpayerbusiness upon payment of a tax prescribed by this title, evidencing payment of such tax. (Ord. 923 § 2.7, 1977)
Item 11.b
City of Vacaville, CA
§ 5.04.110
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.04.150
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Vacaville Municipal Code
Chapter 5.04 PURPOSE AND DEFINITIONS
§ 5.04.110. Licensee.
"“Licensee"” means any person who holds a valid current license issued to himsuch person under this title. (Ord. 923 § 2.8, 1977)
§ 5.04.120. North American Industry Classification System (NAICS). "“North American Industry Classification System"” or "“NAICS"” means the latest edition of the North American Industry Classification System produced by the Office of Management and BudgetsBudget’s Economic Classification Policy Committee of the U.S. Department of Commerce, as may be amended from time to time. (Manual, Added, 02/11/2000, Changed by Ord. 1634)
§ 5.04.130. Person.
"“Person"” means any domestic or foreign corporation, firm, association, syndicate, joint stock company, partnership of any kind, joint venture, club, Massachusetts business or common law trust, society or individual. (Ord. 923 § 2.4, 1977; Manual, Renumbered, 02/11/2000, Changed by Ord. 1634)
§ 5.04.140. Shall and may.
"“Shall"” is mandatory, "“may"” is permissive.
(Ord. 923 § 2.12, 1977; Manual, Renumbered, 02/11/2000, Renumber by Ord. 1634)
§ 5.04.150. Tax collector.
"“Tax collector"” means the City Manager or his /or her authorized designee. (Ord. 923 § 2.13, 1977; Ord. 1634, Renumbered, 02/11/2000)
Item 11.b
City of Vacaville, CA
§ 5.08.010
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.08.040
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City of Vacaville, CA
§ 5.08.010
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.08.040
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CHAPTERChapter 5.08
GENERAL LICENSING
§ 5.08.010. License and tax payment required.
A. A. There are imposed upon all persons engaged in business in the city license taxes in the amounts prescribed in this title. It is unlawful for any person, either for himself or for any other person, to commence transact or carry on any business in the city not excluded by this title without first having procured a license from the city to do so, or without complying with any and all provisions contained in this title. The carrying on of any business without first having a license under this title from the city to do so, or without complying with any and all provisions of this title shall constitute a separate violation of this title for each and every day that such business is so carried on.
B. The license required to be obtained and the tax required to be paid are declared to be required pursuant to the taxing power of the city solely for the purpose of obtaining revenue.
(Ord. 923 § 3.1, 1977)
§ 5.08.B. It is unlawful for any person, either for themselves or for any other person, to conduct in the city any business taxed under this article without a current and valid business license from the city and without paying the business license tax, if any, required by this article. Even if a business does not owe business license tax, it must obtain a valid business license.
C. The carrying on of any business without first having obtained a license under this title, or without complying with any and all provisions of this title, shall be unlawful.
D. A business license is not permission to carry on a business at any place within the city where conducting such business is prohibited or fails to comply with the city’s zoning, planning, building, and business regulations.
E. A violation of subsections A, B, C, or D will be addressed under the enforcement provisions of Chapter 5.20 of this title, and the financial penalties set forth in section 5.08.100 shall apply.
F. This section shall not be construed to require any person to obtain a license prior to doing business within the city if such requirement conflicts with applicable statutes of the United States or of the state of California. Persons not so required to obtain a license prior to doing business within the city nevertheless may be liable for payment of the tax imposed by this chapter.
5.08.020. Unlawful business not authorized.
No license issued under the provisions of this title shall be construed as authorizing the conduct or continuance of any illegal or unlawful business or any business in violation of any ordinance of the city. (Ord. 923 § 3.2, 1977)
§ 5.08.030. Application – Required.
A. Every person requiredsubject to have a license under the provisionslicensing requirements of this title shall makesubmit an application for the same,issuance or for renewal of the same,a business license to the City Item 11.b
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Tax Collector of the City. Such application shall be a written statement upon a form or forms provided by the Tax Collector and shall be signed by the applicant under penalty of perjury. .
B. The application shall set forth such be made in writing, on a form prescribed by the Tax Collector, and shall be executed under penalty of perjury.
C. The application shall include all information as may be required thereinby the Tax Collector and as may be any additional information reasonably necessary to properly determine the amount of the license tax to be paid by the applicant. due.
D. The Tax Collector shall grant or deny the application within thirty (30) calendar days of receipt of a completed application. The Tax Collector reserves the right to review all the information submitted as part of the application for audit and verification purposes.
E. If the Tax Collector fails to take actionact on the application within 30 calendar days after a properly completed application within thirty (30) calendar days of the date it is stamped as received, the application shall be deemed granted, subject to strict compliance with this chapterapproved and the applicant shall be entitled to conduct the business described in the application. A deemed-approved license remains subject to all enforcement provisions of Chapter 5.20, and any subsequent determination that the applicant is not in compli ance shall be grounds for revocation under the procedures set forth therein. For purposes of this subsection, an application shall be considered properly completed if the Tax Collector has not issued a written notice of deficiency within ten (10) calendar days of receipt.
(Ord. 923 § 3.3, 1977; Ord. 1830, Amended, 03/09/2010)
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5.08.040. Application – Verification.Confidential
No application shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the city from collecting by appropriate action such tax as is actually due and payable under this title. Each application, and all statements and information contained therein, may be subject to review, audit and verification by the tax collector, his deputies or other authorized employees of the city. All licensees, applicants for licenses and persons engaged in business in the city are required to permit examination of their books, records and papers for the purposes aforesaid. The information or data obtained from such examination or audit, or from any application required under this title, shall be deemed to be confidential, except that such may be used for the purpose of enforcing the provisions of this title.
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City of Vacaville, CA
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(Ord. 923 § 3.4, 1977)
§ A. It is unlawful for the Collector or any person having an administrative duty under the provisions of this chapter to make known in any manner whatever the business affairs, operations, or information obtained by an investigation of records and equipment of any person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures, or any particular thereof, set forth in any statement or application, or to permit any statement or application, or copy of either, or any book containing any abstract or particulars thereof to be seen or examined by any person; provided, that nothing in this section shall be construed to prevent:
1. The disclosure to, or the examination of records and equipment by, another City official, employee, or agent for collection of taxes for the sole purpose of administering or enforcing any provisions of this chapter, or collecting taxes imposed under this chapter;
2. The disclosure of information to, or the examination of records by, Federal or State officials, or the tax officials of another city or county, or city and county, if a reciprocal arrangement exists, or to a grand jury or court of law, upon subpoena;
3. The disclosure of information and results of examination of records of particular taxpayers, or relating to particular taxpayers, to a court of law in a proceeding brought to determine the existence or amount of any license tax liability of the particular taxpayers to the City;
4. The disclosure, after the filing of a written request to that effect, to the taxpayer, or to the taxpayer successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, of information as to the items included in the measure of any paid tax, any unpaid tax or amounts of tax required to be collected, interest and penalties; further provided, however, that the City Attorney approves each such disclosure and that the Collector may refuse to make any disclosure referred to in this subsection when in his opinion the public interest would suffer thereby;
5. The disclosure of the names and business addresses of persons to whom licenses have been issued, and the general type or nature of their business;
6. The disclosure by way of public meeting or otherwise of such information as may be necessary to the City Council in order to permit it to be fully advised as to the facts when a taxpayer files a claim for refund of license taxes, or submits an offer of compromise with regard to a claim asserted against taxpayer by the City for license taxes, or when acting upon any other matter;
7. The disclosure of general statistics regarding taxes collected or business done in the City.
5.08.050. Term.
No license shall be issued under this title for a term in excess of one year. All annual licenses shall expire on April 30th of each year.
(Ord. 923 § 3.5, 1977; Ord. 1380 § 1(part), 1989; Ord. 1634, Amended, 02/11/2000)
§ 5.08.060. Proration for new business.
Business licenses and business license taxes for new businesses commencing after the first day of May will be prorated on a monthly basis for the balance of the annual license period. (Ord. 923 § 3.6, 1977; Ord. 1380 § 1(part), 1989; Ord. 1634, Amended, 02/11/2000; Ord. 1830, Amended, 03/09/2010)
§ 5.08.070. Payment.
All license taxes imposed under this title shall be paid to the tax collector in lawful money of the United States, at the office of the tax collector in the city hall.
(Ord. 923 § 3.7, 1977)
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§ 5.08.080. When payable.
A. All license taxes imposed under this title shall be paid in advance, except where otherwise specifically provided, and shall be due and payable at the following times:
A. 1. Annually, onbefore the first day of May;
B. 2. When a business discontinues, dissolves or otherwise terminates before the expiration of a business license tax period, any taxes accrued and owing to the city under the provisions of this title, including any business license taxes that would not otherwise be payable until the close of the business license tax period during which termination occurs or until time of paying the tax for the next succeeding business license tax period, shall be due and payable on the date of termination. (Ord. 923 § 3.8, 1977; Ord. 1380 § 1(part), 1989; Ord. 1634, Amended, 02/11/2000)
§ 5.08.090. Delinquency dates.
Unless otherwise specifically provided under other provisions of this title, all continuing business license taxes required to be paid under this title shall be deemed delinquent if not paid or postmarked on or before the thirtieth day of April of the current license year. For new businesses commencing after the first day of May the tax shall be delinquent thirty days after commencement of business.
(Ord. 923 § 3.9, 1977; Ord. 1380 § 1(part), 1989; Ord. 1634, Amended, 02/11/2000)
§ 5.08.100. Delinquency penalty.
Any person whoAny business that operates without a business license tax receipt or fails to pay any business license taxes required to be paid by this title within the time required shall pay a penalty of fifty percent of the amount of the tax in addition to the amount of such due. This initial penalty shall apply on the first calendar day the tax, and shall pay becomes delinquent. Thereafter, the business shall incur an additional ten percent (10%) of the amount of such tax for each subsequent month of continued delinquency after the first month; provided, that the amount of such penalty shall in no event. However, total penalties shall not exceed one hundred percent (100%) of the amount of the business license tax due for the applicable period.
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that period.
(Ord. 923 § 3.10 1977; Ord. 1634, Amended, 02/11/2000)
§ 5.08.110. Refunds.
A. A. No refunds will be made on any amount paid as a license tax except in the case of error on the part of the city in the determination of the amount of the license tax or in the event of double payment for a license.
B. B. Refunds may be made by the tax collectorTax Collector, pursuant to the provisions of subsection A of this section; provided that, (1) a written claim for the refund, made upon a form provided thereforetherefor by the tax collectorTax Collector, stating under penalty of perjury the specific grounds upon which the claim for refund is founded, is filed with the tax collectorTax Collector within one year of the date the city received the payment of which refund is sought; and (2) the tax collectorTax Collector is satisfied, on the basis of written business records and other records submitted by the claimant, that the claimant is entitled to the refund under the provisions of subsection A of this section; provided, however, that the tax collector (or his authorized agent)Tax Collector shall have the right to examine and audit all the books and business records of the claimant in order to determine the eligibility of the claimant to the refund claimed by himthem; and provided further, that no claim for refund shall be allowed if the claimant thereforthereafter refuses to allow such examination of his books and business cardsrecords after request by said tax collectorTax Collector to do so.
C. C. Any decision of the tax collectorTax Collector made under this section shall be final unless the same is appealed to the city council City Manager within ten days after notice thereof given in the same manner as provided for giving of notice of assessment under Section 5.20.120060. The procedure for appeal set forth in Section 5.20.130070 shall apply insofar as such procedure is not inconsistent with the provisions of this section. The decision of the city council shall be final and conclusive on any matter appealed to it under this section. (Ord. 923 § 3.11, 1977)
§ 5.08.120. Branch establishments.
Separate licenses must be obtained for each branch establishment or location of the business engaged in, as if each such branch establishment or location were a separate business, and each license shall authorize the licensee to engage only inbe for the business licensed thereby at the location or in the manner designated in such license; provided, that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this title shall not be deemed to be separate places of business o r branch establishments. (Ord. 923 § 3.12, 1977)
§ 5.08.130. Carrying on two or more businesses at one location.
If a person engages in two or more separate businesses at the same establishment or location, there shall be but onea separate business tax license issued to him, based onfor each business. Separate business operations are further defined as involving two or more separate and distinct business entities or names wherein separate sets of accounting records, bank accounts, and the following means of computation of total license tax:like are maintained.
A flat rate charge for each individual business as required in Section 5.12.010 but in determining the total average number of employees, the total employees for all businesses shall be combined. (Ord. 923 § 3.13, 1977)
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5.08.140. Concessions.
Every person who operates any business, whether upon a cost, rental or commission basis as a concession or upon rented floor space in or upon the premises of any person licensed under any provision of this title, shall be required to pay the license tax and obtain a separate and independent license pursuant to the appropriate provisions of this title, and shall be subject to all the provisions of this title.
(Ord. 923 § 3.14, 1977)
§ 5.08.150. Duplicate licenses.
Duplicate licenses may be issued by the tax collector to replace any license previously issued, which has been lost or destroyed, upon the licensee filing an affidavit attesting to such fact, and at the time of filing such affidavit, paying to the tax collector a fee of two dollars. (Ord. 923 § 3.15, 1977)
§ 5.08.160. Licenses not transferable.
A. A. Licenses issued pursuant to this title are not transferable or assignable by the licensee to any other person , nor shall any. In the event of a sale, transfer, or change of ownership of a business, the new owner must apply for and obtain a new business license. Tax payments made under this title are non-transferable and non-assignable. No tax paid by any person underpursuant to the provisions of this title shall be credited, applied, or transferred, in whole or in part to the payment, toward any tax obligation, whether current or prospective, of any tax due or to become due from any other person or business entity.
B. When a licensee transfersB. A business license issued under the provisions of this title shall not be valid for any location other than the principal place of business specified in the license. Upon relocation of its principal place of business to a new location, the licensee shall immediately notify the tax collector, on a form provided by the tax collector of the new locationTax Collector and submit an application for a new business license. (Ord. 923 § 3.16, 1977; Ord. 1634, Amended, 02/11/2000)
§ 5.08.170. 160 Exhibiting licenses.
Every person having a license under the provisions of this title for engaging in business at a fixed place of business shall keep such license posted for exhibition while in force in some conspicuous place in his place of business. Every person having such a license and not having a fixed place of business shall carry such license with himthem at all times while carrying on the business for which the same was granted. Every person having a license shall produce and exhibit the same whenever requested to do so by any police officer or any person authorized to issue or inspect licenses or collect license taxes.
(Ord. 923 § 3.17, 1977)
§ 5.08.180. 170 Vehicle identification stickers.
Any licensee who uses vehicles in the conduct of his business shall be required to prominently display within such vehicle a sticker, device, sign or license facsimile which has printed thereon the words: "“Vacaville, California"” or any abbreviation thereof, together with the current term of the license, and shall be in such form and color and contain such other information as the tax collector determines.
(Ord. 923 § 3.18, 1977)
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Vacaville Municipal Code
Chapter 5.08 GENERAL LICENSING