Agenda packet — Vacaville City Council, August 25, 2026 (part 2 of 2)

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.

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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.

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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 9.b
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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.

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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;
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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.

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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.

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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.

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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.

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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 9.b
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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,

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
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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.

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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.

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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.

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BINGO SUPPLIERS

5.26.010 Definitions.

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 9.b
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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;

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.

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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 9.b
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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.

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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 9.b
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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 9.b
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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.

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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.

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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 9.b
Vacaville Municipal Code Page 35/37
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 9.b
Vacaville Municipal Code Page 36/37
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 9.b
Vacaville Municipal Code Page 37/37
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 9.b

CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: August 25, 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: Resolution of the City Council of the City of Vacaville Rescinding Resolution 2020-086 and Updating Those Authorized to Invest Monies in the Local Agency Investment Fund
Actions for Consideration:

Approving an update of the authorized personnel/positions who can deposit and withdraw funds from the Local Agency Investment Fund (LAIF).

Recommendations:

By simple motion, adopt the subject resolution.

Background:

The Local Agency Investment Fund (LAIF) is a voluntary investment program administered by the State Treasurer’s Office that provides California local agencies with a secure and flexible option for investing public funds. LAIF offers daily liquidity, pooled investment benefits, and compliance with state guidelines for public fund management.

Participation in LAIF requires each agency to maintain updated authorization records with the State Treasurer’s Office. Authorized individuals are permitted to initiate deposits, withdrawals, and account-related transactions on behalf of the agency. As personnel roles change over time, it is necessary to update LAIF’s records to ensure continued accuracy, internal control, and compliance with state requirements.

Discussion:

LAIF requires the City to provide evidence, in the form of a resolution, identifying the individuals authorized to conduct transactions for the City’s LAIF account. This resolution must reflect the City’s current positions and staff responsible for financial operations to ensure LAIF’s records remain accurate and up to date.

Adopting the proposed resolution will formally update the list of authorized individuals empowered to deposit and withdraw funds from LAIF on behalf of the City. This action Item 9.c
maintains compliance with LAIF procedures, supports proper internal controls, and ensures that only designated City personnel are permitted to perform transactions within the City’s LAIF account.

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 additional 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:

The Council could choose to designate different authorized personnel or not update the resolution, which would leave the Director of Finance and Accounting Manager as the only authorized personnel.

Strategic Plan Goal:

Fiscal Health
Levine Act:

No
Attachments:

Resolution – Action Item
Item 9.c

CITY OF VACAVILLE
RESOLUTION NO. 2026-129
Resolution of the City Council of the City of Vacaville Rescinding Resolution 2020-086 and Updating Those Authorized to Invest Monies in the Local Agency Investment Fund
Whereas, the Local Agency Investment Fund is established in the State Treasury under Government Code 16429.1 et. seq. for the deposit of money of a local agency for purposes of investment by the State Treasurer; and
Whereas, the City Council of the City of Vacaville hereby finds that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein is in the best interests of the City.

Now, therefore, be it resolved, that the City Council of the City of Vacaville hereby authorizes the deposit and withdrawal of City of Vacaville monies in the Local Agency Investment Fund in the State Treasury in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein.

Be it further resolved, as follows:

Section 1. The following City of Vacaville officers holding the title(s) specified hereinbelow or their successors in office are each hereby authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund and may execute and deliver any and all documents necessary or advisable in order to effectuate the purposes of this resolution and the transactions contemplated hereby:

Ken Matsumiya Shelby Milliren John Collet Swapna Panigrahi Director of Finance Assistant Director
of Finance
Budget Manager Accounting
Manager

Section 2. This resolution shall remain in full force and effect until rescinded by the City Council by resolution and a copy of the resolution rescinding this resolution is filed with the State Treasurer’s Office.

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 25th of August 2026 by the following vote:

Ayes: Councilmembers Stockton, Ritchie, Chapman, Fremouw, Wylie, Vice Mayor Silva, and Mayor Carli
Noes: None
Item 9.c

Absent: None

Attest:
_____________________________
Michelle A. Thornbrugh, City Clerk
Item 9.c
Item 9.c

CITY OF VACAVILLE

CITY COUNCIL

STAFF REPORT
Meeting Date: August 25, 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: Resolution of the City of Vacaville, as Successor Agency of the Vacaville Redevelopment Agency, Rescinding Resolution SA2020-002 and Updating Those Authorized to Invest Monies in the Local Agency Investment Fund
Actions for Consideration:

Approving an update of the authorized personnel/positions who can deposit and withdraw funds from the Local Agency Investment Fund (LAIF).

Recommendations:

By simple motion, adopt the subject resolution.

Background:

Discussion:

LAIF requires the City, as the Successor Agency of the former Vacaville Redevelopment Agency, to provide evidence, in the form of a resolution, identifying the individuals authorized to conduct transactions for the Successor Agency’s LAIF accounts. This resolution must reflect the current positions and staff responsible for financial operations to ensure LAIF’s records remain accurate and up to date.

Item 9.d
Adopting the proposed resolution will formally update the list of authorized individuals empowered to deposit and withdraw funds from LAIF on behalf of the Successor Agency. This action maintains compliance with LAIF procedures, supports proper internal controls, and ensures that only designated personnel are permitted to perform transactions within the Successor Agency’s LAIF accounts.

Environmental Impact:

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:

The Council could choose to designate different authorized personnel or not update the resolution, which would leave the Director of Finance and Accounting Manager as the only authorized personnel.

Strategic Plan Goal:

Fiscal Health
Levine Act:

No
Attachments:

Resolution – Action Item
Item 9.d

CITY OF VACAVILLE
RESOLUTION NO. SA 2026-02
Resolution of the City of Vacaville, as Successor Agency of the Vacaville Redevelopment Agency, Rescinding Resolution SA2020-002 and Updating Those Authorized to Invest Monies in the Local Agency Investment Fund Whereas, the Local Agency Investment Fund is established in the State Treasury under Government Code 16429.1 et. seq. for the deposit of money of a local agency for purposes of investment by the State Treasurer; and
Whereas, the City Council of the City of Vacaville, as Successor Agency of the Vacaville Redevelopment Agency, hereby finds that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein is in the best interests of the Successor Agency; and Now, therefore, be it resolved, that the City Council of the City of Vacaville, as Successor Agency of the Vacaville Redevelopment Agency, hereby authorizes the deposit and withdrawal of Successor Agency monies in the Local Agency Investment Fund in the State Treasury in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein.

Be it further resolved, as follows:

Ken Matsumiya Shelby Milliren John Collet Swapna Panigrahi Director of Finance Assistant Director
of Finance
Budget Manager Accounting
Manager

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 25th of August 2026 by the following vote:

Ayes: Councilmember Stockton, Ritchie, Chpaman, Fremouw, Wylie, Vice Mayor Silva, and Mayor Carli
Noes: None
Item 9.d

Absent: None

Attest:
_____________________________
Michelle A. Thornbrugh, City Clerk
Item 9.d
Item 9.d

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, August 11, 2026

1. Roll Call for Closed Session - 5:00pm

Present:

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

Absent: Roy Stockton, District 1

2. Roll Call for the Regular Meeting - 6:00pm
They Mayor called the Regular Meeting of the City Council to order at 6:06 pm in the Vacaville Council Chamber located at 650 Merchant St.

Present:

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

Absent: Roy Stockton, District 1

4. Report out of Closed Session

4.a Conference with Legal Counsel - Initiation of Litigation Pursuant to paragraph (4) of subdivision (d) of California Government Code Section 54956.9 (one potential case) Council provided direction to legal counsel to initiate litigation against major fire truck manufacturers for alleged elimination of competition, restricted supply, imposed excessive price increases, delayed deliveries, reduced quality, and forced exclusive use of proprietary parts causing substantial financial harm to public entities and threatening public safety. The vote was unanimously approved by Council with Councilmember Stockton being absent.

4.b Conference with Legal Counsel - Initiation of Litigation Pursuant to paragraph (4) of subdivision (d) of California Government Code Section 54956.9 (one potential case) Council provided direction to the City Attorney to initiate litigation against federal defendants related to seeking injunctive relief, protecting the City from certain grant funding agreement terms, imposed by the federal government. The case is City of Fresno et al. v. Noem et al. The vote was unanimously approved by Council with Councilmember Stockton being absent.

Item 9.e

5. Approval of Agenda
On a motion by Councilmember Ritchie, seconded by Councilmember Wylie, the Council 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 Vice Mayor Silva noted that he was absent from the last meeting due to a Boy Scout National Jamboree trip. While there he is focused on different ways to support the local youth. He also encouraged the community to be safe as children go back to school. Vice Mayor emphasized that enrichment programs are available through the schools, City or private entities.

Lastly, he gave kudos to staff and volunteers that helped get Trower Park up and running. It will officially open soon.

Mayor Carli noted that Parks and Recreation Commissioner Rich Kalsi has stepped down, so the Mayor is considering applicants for an appointment to fill that vacancy. He also invited the community to the Daughters of the American Revolution (DAR) America 250 patriot marker dedication at Pena Adobe on Aug 16 at 10am with reception and fiesta to follow. The Mayor noted that he continues to advocate for consistent public transportation routes. Because of this and the work of staff two new routes: 30D (Davis) and 30S (Sacramento) are now available for public use.

Councilmember Chapman noted that the recent backpack drive supplied 1700 backpacks to students in need, but she noted that there is still more work to be done to unify the community.

She also went to Pena Adobe Park where a Japanese History event was hosted. Councilmember Chapman was invited to a recent Rotary meeting where Habitat for Humanity presented. She also attended the closing ceremonies for the Junior Giants.

Councilmember Fremouw acknowledged the recent ribbon cutting ceremony for the Kairos High School which included tours of the classrooms and the football field.

Councilmember Wylie noted that she attended the Jr. Giants Closing Ceremony as did other councilmembers. She also attended the Creative Arts Solano backpack drive and noted the diversity of vendors involved that have resources for children of low-income families.

Councilmember Wylie also confirmed that she is now part of the executive board of the Travis Regional Armed Forces Committee (TRAFC).

7. Reports of City Manager
City Manager Chaudhary showed a video highlighting the importance of "knowing your zone" in the case of an emergency. Residents can find their zone at Know Your Zone on the City's website and the video will be released on social media soon in both English and Spanish.

8. Presentations – None

9. Consent Calendar
Motion: Vice Mayor Silva
Second: Councilmember Chapman
Action: Approve all items on the consent calendar.

Item 9.e
Vote Unanimously Approved by the Council present

9.a Resolution to Accept Public Improvements for the Villages at Vanden Meadows Unit 3 Subdivision
Approved Resolution No. 2026-126; Resolution to Accept Public Improvements for the Villages at Vanden Meadows Unit 3 Subdivision

9.b 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
Approved Resolution No. 2026-127; 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

9.c Approval of Minutes – Approve the Minutes for the Special and Regular Meetings of July 28, 2026
Approved; Approval of Minutes – Approve the Minutes for the Special and Regular Meetings of July 28, 2026

9.d 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
Approved; 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

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: outdated information on the City's planning website, responsiblegrowthvacaville.com, and Pilot Truck Center project.

11. Public Hearings

11.a 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 Motion: Councilmember Fremouw
Second: Councilmember Ritchie
Action: Approve the Amended and Restated Resolution No. 2026-128 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 Item 9.e
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
Ayes (5): Mayor Carli, Councilmember Ritchie, Councilmember Chapman, Councilmember Fremouw, and Councilmember Wylie
Noes (1): Vice Mayor Silva
Absent (1): Councilmember Stockton
Vote Approved (5 to 1)
Motion: Councilmember Wylie
Second: Councilmember Chapman
Action: Motion to reconsider first action taken by the Council on this item.

Ayes (3): Vice Mayor Silva, Councilmember Chapman, and Councilmember Wylie Noes (3): Councilmember Ritchie, Councilmember Fremouw, and Mayor Carli Absent (1): Councilmember Stockton
Vote Failed (3 to 3)

11.b 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
Motion: Councilmember Fremouw
Second: Councilmember Chapman
Action: Approve First Reading of Ordinance Introducing Amendments to Title 5, Chapters 5.04 through 5.36 of the Vacaville Municipal Code, Relating to Business Licenses Ayes (6): Mayor Carli, Councilmember Ritchie, Vice Mayor Silva, Councilmember Chapman, Councilmember Fremouw, and Councilmember Wylie Absent (1): Councilmember Stockton
Vote Approved (6 to 0)

12. Business - None

13. Adjournment
There being no further business, the regular meeting was adjourned at 7:59 p.m.

Item 9.e

CITY OF VACAVILLE

CITY COUNCIL

STAFF REPORT
Meeting Date: August 25, 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 August 7, 2026 and August 14, 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:

Fiscal Impact:

The claims paid for the period total $9,196,846.40
Item 9.f
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.f
Affidavit of Finance Director Attachment 1
Accounts Payable Check Register(s) for Week Ending: Register Total(s) August 7, 2026 $ 4,392,706.29
August 14, 2026 $ 2,381,478.02
Payroll Check Register(s) for Week Ending: Register Total(s) August 7, 2026 $ -
August 14, 2026 $ 2,422,662.09
Grand Total $ 9,196,846.40
_______________________________________________________________________________ Ken Matsumiya, Finance Director
Item 9.f
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City of Vacaville, CA - Live

DETAIL PROOF - FINAL REPORT
Report generated: 08/12/2026 13:38
User: 6582szamora
Program ID: prpyddpf

Page 506 ends

Pay Period 07/19/26 To 08/01/26
WARRANT: 081426 PAYROLL TYPE: BIWEEKLY C CHECK DATE: 08/14/2026 Earnings-Deductions Proof Summaries
Total Females: 365 Gross Pay: 1,112,370.30
Total Males: 533 Gross Pay: 2,569,522.20
Total Employees: 898 Gross Pay: 3,681,892.50
Total Pre-Notes: 1
Benefits Only Employees: 605 Employer Amount:

Available Cash Balance after payroll: -434,205,957.52
Total Cash Requirements:

Total Employee Checks: 12,069.01
Total Employee/Employer ACH Transactions: 2,410,593.08
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: 2,422,662.09
Payments to be Processed:

Total Telephone Transfers: 0.00
Remaining Payroll Liabilities:

Total Employee/Employer (Check type = No check): 3,971,236.90 Total Pay Escrow: 0.00
Total Escrow Balance: 0.00
Total Invoices this payroll: 25,462.39
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: 3,996,699.29
* Employee Accruals Exist Outside Payroll Date Range - Check Accrual Out of Range Report

** END OF REPORT - Generated by Sara Zamora **
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CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: August 25, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: GeorgeAnne Meggers-Smith, Assistant City Manager
(Staff Contact, GeorgeAnne Meggers-Smith (707) 449-5651) Subject: Resolution of the City Council of the City of Vacaville Approving One (1) Agreement and Contract Amendment Totaling $93,450
Supporting Essential City Operations, Capital Projects, Regulatory Compliance, and Organizational Services
Actions for Consideration:

Adopt the Resolution approving the agreements in Attachment 1 and authorize the City Manager, or designee, to execute the agreements and any non-substantive administrative documents necessary to implement the approved actions.

Recommendations:

By simple motion, adopt the subject resolution.

Background:

City departments periodically require specialized professional, technical, maintenance, and operational services to support ongoing programs, projects, and the delivery of essential municipal services. The City has historically utilized the services identified in Attachment 1 to supplement staff resources, provide specialized expertise, and ensure the effective and efficient operation of City functions.

As the City continues to advance significant initiatives, capital improvement projects, regulatory compliance efforts, and operational priorities, these agreements are necessary to maintain continuity of services and provide the professional support needed to successfully implement and complete these activities. The consultants and service providers associated with these agreements offer expertise, resources, and capabilities that are either unavailable internally or are more cost-effective to obtain through contracted services.

The agreements generally fall into one or more of the following categories:

1. Specialized expertise and technical knowledge;

2. One-time or project-specific services;

3. Industry-standard evaluations, assessments, and benchmarking;

4. Legal, regulatory, and compliance requirements;

5. Health, safety, and risk management obligations;
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6. Conflict-of-interest and independent review requirements;

7. Capital improvement and infrastructure project support; and

8. Supplemental staffing resources and cost efficiencies.

The agreements presented for approval are routine in nature and necessary to maintain continuity of City operations and services. Each agreement has been reviewed by the requesting department and developed in accordance with applicable City purchasing policies, contracting procedures, and procurement requirements.

Discussion:

The City’s current Purchasing Policy was adopted by Resolution No. 2000-47 and later amended on January 12, 2010, through minute action to revise the Local Vendor Policy and establish a Local Business Preference. The City continues to follow the California Public Contract Code for all public construction projects.

Under the existing policy, Department Heads or their designees with purchasing authority may approve budgeted purchases of materials, services, supplies, and equipment (excluding public construction projects) within the limits authorized through the adopted departmental budget. While this approach provides operational flexibility, it has resulted in limited centralized visibility into contract activity across the organization and increased the risk of fragmented contract management and inconsistent procurement practices.

Historically, many contracts have been approved administratively pursuant to the City’s Purchasing Policy. As part of the City’s ongoing efforts to enhance transparency, strengthen contract oversight, and improve public visibility into consultant and vendor expenditures, staff is presenting this consolidated contract list for City Council review and approval.

This report is intended to establish a baseline inventory of significant service agreements and provide the City Council and the public with greater visibility into the contractual services supporting City operations.

This action seeks approval of one (1) agreement and contract amendment totaling approximately $93,450, which brings the contract total to $152,450. A copy of the agreement can be found on the City’s transparency portal at https://www.cityofvacaville.gov/government/transparencyportal#Contracts. These agreements are funded through the Fiscal Year 2026-27 Budget and represent a combination of recurring operational services, project-specific support, and specialized professional expertise necessary to carry out City programs, regulatory compliance, public safety, infrastructure maintenance, and organizational support services.

These agreements are funded through the FY 2026-27 budget and are necessary to maintain essential City operations, regulatory compliance, public safety, infrastructure maintenance, and organizational support services.

Additionally, the City is currently evaluating comprehensive updates to its Purchasing Policy during Fiscal Year 2026-27. In the interim, the City Manager’s Office, in collaboration with the City Item 9.g
Attorney’s Office and Finance Department, has implemented additional controls to enhance transparency, consistency, and oversight of City contracts.

Effective immediately and until a revised Purchasing Policy is adopted, contract approval authority will be as follows:
• Contracts with a value of less than $75,000 may be approved by the Department Head or authorized designee;
• Contracts with a value between $75,000 and $150,000 require approval by the City Manager; and
• Contracts with a single or cumulative value exceeding $150,000 require City Council approval.

These interim measures are intended to strengthen contract oversight and increase transparency while the City develops a comprehensive Purchasing Policy. Staff anticipates presenting the updated Purchasing Policy to the City Council for consideration during the first quarter of 2027 and will continue refining contract reporting and procurement oversight processes as part of that effort.

Public Works projects are governed by the California Public Contract Code (PCC), specifically Section 22000, known as the Uniform Public Construction Cost Accounting Act (UPCCAA). Public Works projects are defined in PCC Section 22002(c) and are subject to the bidding thresholds and requirements established in PCC Section 22032.

The most common method used by California cities for approving routine contracts is through the Consent Calendar. The contracts included in Attachment 1 represent a combination of new agreements, renewals, work orders, and amendments for services that support the City’s day-today operations. Contractor and consultant selections were completed through competitive procurement processes, cooperative purchasing programs, qualification-based selection procedures, or other methods authorized by applicable law, the Municipal Code, City purchasing policies, and administrative procedures.

The contracts presented for Council consideration do not include: (1) agreements with other governmental agencies; (2) contracts related to employee hiring, wages, hours, or working conditions; (3) purchase and sale agreements for wholesale utility commodities and services; and (4) revenue-generating agreements or bond financing transactions.

Approval of these agreements does not:
• Authorize expenditures beyond amounts budgeted by the City Council; • Approve new positions;
• Approve construction contracts governed by the Public Contract Code; • Approve labor agreements; or
• Commit the City to future appropriations.

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Staff has reviewed each agreement to confirm that sufficient appropriations exist within the proposed Fiscal Year 2026-27 Budget and that the agreements are necessary to support approved programs, projects, and operations. Future contract amendments exceeding established approval thresholds will be brought back to the City Council for consideration, as required.

Approval of these agreements will allow departments to continue providing essential services efficiently and effectively while maintaining compliance with applicable procurement requirements and ensuring continuity of operations. Many of the agreements are renewals of existing services and represent ongoing operational needs rather than new programs or initiatives.

With the adoption of the Fiscal Year 2026-27 Budget on June 23, 2026, funding for the services covered by these agreements will be appropriated within the budgets of the respective departments responsible for the operation, maintenance, and administration of these programs and services.

Accordingly, staff recommends that the City Council approve the agreements identified in Attachment 1 and authorize the City Manager, or designee, to execute the agreements on behalf of the City.

Attachment 1 provides a summary of each agreement, including the department, vendor, description of services, contract amount, cumulative contract amount, contract term, funding source, and justification for the agreement.

Environmental Impact:

Fiscal Impact:

Amount Requested: No additional appropriations are requested. Funding for the agreements identified in Attachment 1 is included in the proposed FY 2026-27 Budget.

Funding Source: Funding for the agreements identified in Attachment 1 is included in the department budgets in the adopted FY 2026-27 Budget.

Budget Distribution: Funding for each of these contracts is included in the FY2026-27 budget, approved by City Council on June 23, 2026. The costs of staff time associated with this item are covered within the existing City Manager Department’s operating budget.

Alternatives:

The City Council may choose to address some or all of these contracts individually, or request clarification.

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1. Approve a subset of the contracts: Council could choose to pull specific contracts for separate consideration. This may lead to service interruptions and project delays.

2. Do not approve the contracts: This would require staff to renegotiate terms or re-bid services, causing significant operational delays.

Strategic Plan Goal/Initiative:

Goal 1: Organizational Culture
Goal 2: Economic Development
Goal 3: Quality of Life
Goal 4: Public Safety and Infrastructure
Goal 5: Fiscal Health
Subject to Levine Act:

Yes
Attachments: Contract List includes the following information:
• Department Name
• Contract/Vendor Name
• Description of Services
• Contract Amount
• Cumulative Contract Amount (including any amendments) beginning with the latest active agreement including all subsequent amendments.
• Current Contract Term
• Funding Source
• Justification for the Agreement
• Procurement Method
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CITY OF VACAVILLE
RESOLUTION NO. 2026-130
Resolution of the City Council of the City of Vacaville Approving One (1) Agreement and Contract Amendment Totaling Approximately $93,450 Supporting Essential City Operations, Capital Projects, Regulatory Compliance, and Organizational Services Whereas, City departments periodically require specialized professional, technical, maintenance, and operational services to support ongoing programs, projects, and the delivery of essential municipal services; and
Whereas, agreements for these services are necessary to maintain continuity of services and provide the professional support needed to successfully implement and complete initiatives, capital improvement projects, regulatory compliance efforts, and operational priorities; and Whereas, consultants and service providers associated with these agreements offer expertise, resources, and capabilities that are either unavailable internally or are more costeffective to obtain through contracted services; and Whereas, until the Purchasing Policy is updated in 2027, the Signing Authority Policy states that contracts with a single or cumulative value exceeding $150,000 require City Council approval; and
Whereas, this interim measure is intended to strengthen contract oversight and increase transparency; and
Whereas, the original contract amount, cumulative contract amount including amendment, contract term and other details are provided with the attached contract list; and Whereas, approval of these agreements will allow departments to continue providing essential services efficiently and effectively while maintaining compliance with applicable procurement requirements and ensuring continuity of operations.

Now, therefore, be it resolved by the City Council of the City of Vacaville that the City Council does hereby approve the listed one agreement and contract amendments totaling $93,450.

Contract or Amendment Name Total Approved with this Resolution 3 rd Amendment to LSCE WO3 Hex Chrome $93,450.00
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 25th day of Aug 2026 by the following vote:

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Ayes: Councilmembers Stockton, Ritche, Chapman, Fremouw, Wylie, Vice Mayor Silva, and Mayor Carli
Noes: None

Absent: None

Attest:
_____________________________
Michelle A. Thornbrugh, City Clerk

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8-25-26 Batch Contract List for Council Approval
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City of Vacaville
_____________________________________________________________________________________________ Signing Authority Policy for Executing Agreements on Behalf of the City Effective Date: 2026.05.07 Page 1 of 9
Signing Authority Policy for Executing Agreements on Behalf of the City

PURPOSE AND SCOPE
The purpose of this Signing Authority Policy (“Policy”) is to document the delegation of authority from the City Council to the City Manager, and from the City Manager to designated City employees (“City Manager Designee”), to sign agreements on behalf of the City (“Agreements”).

This Policy also documents the authority of the Purchasing Agent, City Attorney, and Finance Director in specified and limited capacities.

This Policy repeals, replaces, and supersedes any previously approved delegation of signing authority that conflicts with this Policy.

POLICY

1. Definitions.

1.1 Agreement – City contract, agreement, purchase order for supplies, equipment, materials, or services, other document imposing a financial obligation or liability on the City or subjecting the City to any form of equitable relief, and settlement documents of any nature.

1.2 Purchasing Agent – The City Manager or any person designated by the City Manager to purchase supplies, materials, equipment, or services on behalf of the City, as defined by Section 2.68.110 of the Vacaville Municipal Code (“VMC”).

1.3 City Manager Designee – Any City employee identified in Section(s) 3.2.1 and 3.2.2 below, to whom the City Manager has formally designated in writing the authority to sign Agreements on behalf of the City.

1.4 Emergency – a) A public calamity including, but not limited to fire, flood, storm, earthquake, epidemic, or other disaster; or b) a threat to the national or local defense. For purposes of this Policy, any authority exercised under the Council-adopted emergency provisions of the VMC shall extend only for the defined duration of that emergency as Council may determine, and in accordance with VMC Section 2.08.060, at the conclusion of the emergency as determined by City Council, the City Manager shall be responsible for filing information with the City Council demonstrating the existence of the emergency, the necessity for the action(s) taken, and an itemized account of all expenditures during the emergency.

2. City Manager Authority.

2.1. VMC Section 2.08.040 provides the City Manager with the authority to supervise and approve the purchase of all materials, supplies, and equipment for which funds are provided in the budget.

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2.2. VMC Section 2.68.160 provides that the City Manager can establish purchasing and contracting procedures, in accordance with applicable VMC provisions and other laws and regulations, for the acquisition of supplies, materials, equipment, and services by officers and employees of the City.

2.2.1. “Service” is defined under VMC Section 2.68.120 as including, without limitation, the following: consultant services; repairs, modification, and maintenance of City equipment and software; maintenance work; cleaning, analysis, testing, moving, removal or disposal of City supplies, materials, or equipment; demolition work; temporary personnel services; other miscellaneous services to facilitate City operations; licensing software; and leasing or rental of personal property for use by the City. “Service” does not include public projects as that term is defined in the Public Contract Code (see also Chapter 2.72 of the VMC).

2.2.2. In accordance with this definition, the City Manager has authority on behalf of the City to execute, or delegate the execution of, documents including grant agreements, financial and nonfinancial Memorandums of Understanding (MOUs), revenue-generating agreements, and cooperative and Joint Powers Authority (JPA) agreements, so long as no expenditure of City funds under such agreement otherwise exceeds the City Manager’s or City Manager Designee’s authority under this Policy. In the event an expenditure of City funds is required as a component of such agreement, the agreement will be reviewed in accordance with this Policy, and will be subject to execution by the appropriate person as designated and authorized by the terms of this Policy.

2.3. The City’s Purchasing Agent has authority to execute on behalf of the City, without prior approval of the City Council, the following:

2.3.1. Agreements and purchase orders for supplies, materials, and equipment, provided there is an unencumbered balance of an allocated budget appropriation available for that purpose; and

2.3.2. Agreements and purchase orders for supplies, materials, and equipment for which funds have not been appropriated, but which do not exceed $25,000. In excess of $25,000, no Agreement or purchase order for which funds have not been appropriated may be entered without first obtaining the approval of the City Council.

2.4. VMC Sections 2.68.060 and 2.68.190(C) provide the City Manager and Purchasing Agent authority to execute Agreements for the acquisition of supplies, materials, and equipment in the event of an emergency when a determination is made that the purchase of such supplies, Item 9.g
materials, and equipment is necessary to safeguard life, health, safety, or property.

2.5. In specific instances, the City Council may, by formal action such as a resolution or minute order, authorize the City Manager or Designee to execute a particular contract. In such instances, this Policy also covers the staff-level signatory authority that would apply once Council authorization is provided.

2.6. To the extent that the City Manager is authorized to sign City Agreements as set forth above, the City Council has authorized the CityManagerto furtherdelegate that authority to City employees in accordance with Resolution 2000-47 (attached as Exhibit B).

2.7. In situations where an Agreement exceeds $150,000, even if authority would otherwise be delegated to the City Manager by the City Council, the Agreement will be submitted to City Council at a public meeting for approval and authorization to execute the Agreement. This Section 2.7. is subject to the clarifications regarding how to interpret dollar limit thresholds set forth in Section 3.1.7. of this Policy.

3. City Manager Delegation of Authority.

3.1. Scope of Signature Authority for all City Manager Designees.

3.1.1. To the extent that the City Council has delegated contracting authority to the City Manager (as summarized above), and unless direction from the City Council in a specific instance or other applicable authority clearly indicates that only the City Manager may sign, the City Manager delegates authority to the City employees holding the positions identified in Section

3.2 to execute City Agreements that do not exceed $75,000, in accordance with the requirements of this Policy. Agreements in the range of $75,000 to $150,000 must be reviewed and signed by the City Manager.

3.1.2. Each person designated by Section 3.2. as a City Manager Designee may, in turn, designate certain positions within their Department as authorized to sign on a City Manager Designee’s behalf (an “Authorized Departmental Signatory List”). The City Manager’s Office is responsible for maintaining such Authorized Departmental Signatory List, which will be reviewed and updated as needed. Delegations may be revoked at any time by the City Manager.

3.1.3. Each City Manager Designee, and any person identified on the Authorized Departmental Signatory List, who is authorized by this Policy to execute any City Agreement shall comply with the goals and requirements of the City’s rules pertaining to contracts for goods and services, including, but not limited to, VMC Chapters 2.08 and 2.68, and the Purchasing Policies Item 9.g
and Procedures Manual. Each City Manager Designee must go through mandatory procurement and contract training provided by the Finance Department prior to receiving designee status, and may be required to repeat or update such training as the City Manager may determine in their discretion.

3.1.4. The cost and purpose of any City Agreement executed by a City Manager Designee must be covered by the budgeted departmental operations of the Department to which the City Manager Designee is assigned. This includes the verification of budget availability, account coding, and risk management review for insurance and indemnification.

3.1.5. Legal Services Agreements. Only the City Attorney or the Senior Assistant City Attorney is authorized to sign an Agreement for services provided by an attorney. Any request to procure legal services must be submitted to the City Attorney for approval on behalf of the City.

3.1.6. Agreements to Settle Claims. Only the City Manager, Assistant City Manager, or City Attorney is authorized to sign an Agreement to settle or resolve a claim against the City under the Government Claims Act.

Pursuant to Resolution 1990-T1 (attached as Exhibit C), the City Attorney is expressly authorized to sign Agreements to settle claims or litigation, including worker’s compensation claims, in the amount of $50,000 or less.

This settlement authority is on a per-claim basis, and is not cumulative.

3.1.7. Interpreting Dollar Limit Thresholds for City Agreements. As set forth below, the authority of the City Manager and City Manager Designees to execute City Agreements may be limited by the dollar amount of the contract (e.g., $25,000 where funds have not been appropriated, or $75,000 for determining whether the City Manager must sign, or whether a designee may). The dollar limit thresholds set forth in this Policy shall be interpreted as follows:
a. The dollar limit threshold shall be applied to the total dollar amount of each Agreement, even if the Agreement is to be performed over multiple fiscal years. However, an Agreement shall be considered “year-to-year,” and the dollar limit shall be applied to each fiscal year of the contract, if the City Manager determines that: (i) the work is in the nature of a recurring number ofrelatively small projects as opposed to one specified larger project, and (ii) the Agreementincludes a clause that authorizesthe City to terminate the Agreement without cause and without penalty.

Pursuant to California Public Contract Code Section 20657, Agreements must not be split or separated into smaller Agreementsfor Item 9.g
the purpose of evading the dollar amounts identified in this Policy or in state or federal laws.
b. For each Agreement, the dollar amount shall be calculated as the greater of: (i) the total dollar amount of the City’s commitment to pay a contractor; or (ii) the total dollar amount of a contractor’s commitment to pay the City; or (iii) the estimated fair market value of property (or services) acquired or disposed. For the purpose of determining dollar limits pursuant to this Policy, a “commitment” to pay includes the amount designated in an Agreement as a “not to exceed” amount, or an estimated payment amount, even though the City’s actual obligation under the Agreement may be less if based on actual hours performed at an hourly rate.
c. When this Policy authorizes the City Manager or a City Manager Designee to execute an Agreement, the City Manager or Designee is also authorized to execute change orders, amendments, or extensions to existing Agreements so long as the total City expenditure as a result of that adjustment does not exceed that person’s authorization as set forth in this Policy. If executing a change order, amendment, or extension would cause the Agreement to exceed the relevant person’s authorization (for instance, if the City Manager previously executed an Agreement for $140,000, and the requested amendment will raise the compensation due to $170,000, that amendment would require Council approval as it causes the Agreement to exceed the City Manager’s $150,000 authority).

3.2. Delegation of Authority to City Manager Designees. Each City employee assigned to a position listed in subsections 3.2.1 and 3.2.2 (below) is authorized to execute City Agreements when allowed under this Policy:

3.2.1. Department Heads:
a. City Manager
b. City Attorney
c. Community and Economic Development Director
d. Finance Director
e. Fire Chief
f. Human Resources Director
g. Housing and Community Services Director
h. Information Technology Director
i. Parks and Recreation Services Director
j. Police Chief
k. Public Works Director
l. Utilities Director
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3.2.2. Other City Employees: To the extent that the City Manager has delegated authority to a Department Head, per subsection 3.2.1 (above), the City Manager authorizes each Department Head to provide to the City Manager’s Office a written designation of no more than two (2) City employees authorized to execute City agreements on behalf of that Department Head, as contemplated in Section 3.1.2. The City Manager’s Office shall assemble and keep updated the list of all City employees designated by this subsection 3.2.2, and the list shall be appended to this Policy (as Exhibit A) and updated as needed, but no less than annually.

4. City Attorney Approval as to Form. Each City Agreement is subject to review and approval as to form by the City Attorney. By approving the form of this Policy, the City Attorney hereby authorizes the following:

4.1. Definition of Approval as to Form. The approval as to form of a City Agreement is the City Attorney’s internal communication to City officials that the Agreement is legally binding as written, and it is not intended to be a representation to any third party. The approval as to form does not represent an opinion regarding the adequacy of an Agreement (the clarity or level of detail of the Agreement terms) to achieve a particular City goal. If a City employee, including a Project Manager or Department Head, has any questionsregarding the ability to legally enforce a particular Agreement requirement or achieve a particular City goal through a particular Agreement, the Project Manager or the Department Head may request the City Attorney’s Office to provide separate confidential legal advice, under the protection of the attorney-client privilege, regarding the strengths and weaknesses of a particular Agreement.

4.2. Updating Agreement Templates. The City Attorney is hereby authorized to update the standard form Agreement Templates, by filing the written update with the City Clerk, which will be published as an update on the City’s intranet.

4.3. Delegation of Authority to Approve as to Form. The City Attorney hereby delegates authority to any Senior Assistant City Attorney, Assistant City Attorney, or Deputy City Attorney to review and approve the form of City Agreements.

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Exhibit “A”
As authorized by Section 3.2.2 of this Policy, the following is the list of City employees authorized to execute City Agreements on behalf of the relevant Department Head (generally subject to a limit of $75,000 or less). NOTE: this authority is subject to the limitations applicable to Legal Services Agreements and Agreements to Settle Claims, as set forth in Sections 3.1.5. and 3.1.6. of this Policy. This list of City employees (Designees) will be reviewed on an annual basis.

City Attorney's Office:

Anne Branham, Senior Assistant City Attorney
City Manager's Office:

GeorgeAnne Meggers-Smith, Assistant City Manager
Community & Economic Development:

VACANT, Assistant Director
Finance:

Shelby Milliren, Assistant Director
Fire:

Alex Nourot, Deputy Fire Chief
Ryan Purnell, Acting Deputy Chief - Support
Housing and Community Services:

Amanda Wilken, Management Analyst
Human Resources:

Sandy Hess, Assistant Director
Information Technology:

Keith McDonald, IT Manager
Parks and Recreation:

Melody Land, Recreation Manager
Nemo Gonzalez, Senior Park Planner
Police:

Leslie Hoover, Police Fiscal Manager
Katie Cardona, Captain
Public Works:

Robert Armijo, Assistant Director
VACANT, Assistant Director - Maintenance
Utilities:

Timothy Hawkins, Assistant Director
Matt Yttrup, Administrative Manager
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Exhibit “B” – Resolution 2000-47
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Exhibit “C” – Resolution 1990-T1
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CITY OF VACAVILLE

CITY COUNCIL

STAFF REPORT
Meeting Date: August 25, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Erin Morris, Community & Economic Development
(Erin Morris, Community & Economic Development (707) 449-5307) Subject: Informational update on the Development Review Process Improvements Initiative
Actions for Consideration:

The City Council will receive an update on the Development Review Process Improvement Initiative and provide direction to staff to prepare a second phase of the Initiative.

Recommendations:

Council receives the information.

Background:

The development review process encompasses all activities in the City of Vacaville that involve obtaining City approval to make changes to the built environment, i.e. building permits, planning entitlements, encroachment permits, public improvement plans, and subdivisions.

In 2021, the Council adopted the 2021-2026 Strategic Plan to guide the City’s activities. The Strategic Plan included Initiative 2A, identifying that the Council desired to create an efficient development review process.

In 2024, the City of Vacaville hired consultant Baker Tilly to conduct a comprehensive review of its development review process and make recommendations to foster a more efficient and userfriendly development review experience for both staff and the public.

The process improvement initiative focused on identifying opportunities for process improvement, enhancing customer service, and streamlining operations pertaining to development review. The review was focused on the Community Development, Public Works, and Fire departments; other City departments that also participate in the process such as Parks and Recreation and Utilities.

Workload, organization, and procedures were analyzed.

On July 22, 2025, the City Council received a presentation about the Development Review Process Improvements initiative and provided unanimous direction to City staff to implement the Final Action Plan. The Action Plan identifies action items for the immediate, short-, mid-, and Item 12.a
long-term based on the findings and recommendations of the Baker Tilly report and with the goal of making immediate and near-term improvements that are most beneficial to all.

Implementation of the Final Action Plan began in July 2025. The first progress report was issued on September 30, 2025. The second progress report, which addresses the remainder of the year, was issued on December 16, 2025. The third progress report was completed in June 2026.

The reports can be found at https://www.cityofvacaville.gov/government/communitydevelopment/planning-and-development/new-programs/development-review-processimprovement-initiative Discussion:

All ten priority action items were completed over the course of the year, as follows:

Action Item 1: Plan Check Express - Tenant Improvement Tuesday and Residential Wednesday (Complete/ Underway). This program went live on August 19, 2025. This service provides expedited plan review for eligible commercial and residential projects, streamlining the permit process by reducing review times. To date, 128 appointments have been facilitated, of which 35 were commercial projects and 93 were residential projects. https://www.cityofvacaville.gov/government/community-development/building/buildingpermits/plan-check-express Action Item 2: Launch eTRAKiT and electronic plan check for Building permit submittals (Complete). eTRAKIT was launched in May 2025 for Community Development permitting services and build out was completed on December 30, 2025. As a result of the new land management system, the Building Division no longer requires paper plans for Building permit submittals. Public Works plans to go live with TRAKIT for their applications in August/September 2026.

Action Item 3a: Application Completeness Phase 1 (Complete); and Action Item 3b. Application Completeness Phase 2 (Complete). On November 13, 2025, the draft revised checklists were shared with a group of regular customers who utilize them to elicit feedback.

Customer feedback was collected and incorporated, and the final revised checklists have been published on the City’s web site.

Action Item 4: Processing Timeframes & Uniform Plan Review Times (Complete). Processing timelines were developed by each lead department and shared with team members. The new processing schedules have been posted on the web site. As Public Works finalizes TRAKIT implementation, staff will create and publish reports that provide data on achievement of the timelines. The new processing schedules can be found on the City’s website:
• Building Division Plan Review Timeframes
• Planning Division Plan Review Timeframes
Item 12.a
• Public Works and Development Engineering Plan Review Timeframes Action Item 5. Update the Project Review Committee Process (Phase 1 Complete). Changes implemented to date include conducting the meeting in-person meeting (while allowing outside agencies and remote staff to attend via Zoom as needed) and allowing more time for internal review by Public Works, Utilities, and Fire within the 30-day review cycle before providing comments to Planning so that a timely 30-day review letter is issued. Standard operating procedures (SOPs) have been developed for preparing for, participating in, and facilitating PRC meetings.

Action Item 6. Implement development permit fees and calculations within the TRAKIT system (Complete). After significant efforts working with the software vendor, CentralSquare, and the City’s consultants, it has been determined that the TRAKIT platform is incapable of calculating permit fee estimates within the system. To address business needs for customers, staff has taken a two-pronged approach: 1) developed an online permit estimating tool that will provide customers with detailed fee estimate information for various project types; 2) developed detailed fee estimate worksheets that allow customers to provide detailed information so that staff can provide accurate fee estimates. The worksheets and estimator tool have been available since early 2026 and customers have provided positive feedback.

Action Item 7. Develop administrative procedures for staff using TRAKiT and provide training to fully implement the system (Complete). This action item is complete. When Public Works goes live with TRAKIT, Community & Economic Development staff will work with Public Works to identify any additional training needs or administrative procedures that will ensure that TRAKIT use across departments supports the efficiency of the City’s development review process.

Action Item 8. Web site updates (Complete). This action item is substantially complete. Due to staffing levels, there are a few outdated reports on the Planning web pages that will be updated as capacity allows.

Action Item 9. Improve internal communication between City Manager and development review Directors (Complete). In mid-2025, the City Manager convened a monthly Development Strategy meeting with development review leadership staff to ensure cross-departmental communication. The City Manager also established weekly meetings of the Senior Leadership Team, which provides more regular opportunities for formal and informal collaboration.

Action Item 10. Develop a measurement tool to track customer satisfaction and routinely report results (Complete). The Public Relations team developed a survey that was deployed in the first week of August 2026.

Additional Completed Improvements
Since the initiative was launched in 2025, additional process improvements have been completed, including:

Item 12.a
• Update to Land Use and Development Code (Zoning) Section 14.01.020.010 Private and Public Projects. The amendment, approved on March 24, 2026, expanded the authority for the City Council and City Manager to grant limited exemptions or modifications to development standards for public infrastructure projects, such as water and sewer improvements. The added flexibility supports timely public utility improvements.
• Update to Land Use and Development Code (Zoning) Section 14.04 to streamline the General Plan Amendment application process by eliminating the merit hearing and to allow General Plan Amendment applications throughout the year. This amendment, introduced at the July 28, 2026, Council meeting, will regularize the City’s administration of the General Plan Amendment process while preserving early community notification and participation.
• Completion of an online “Starting Your Business in Vacaville” guide that breaks down the different steps for a new or growing business in Vacaville. The guide will be cross-promoted by the City and the Vacaville Chamber of Commerce. As capacity allows, additional detailed guides will be added for popular small business types in Vacaville such as cafes and coffee shops, salon/ barbershop establishments, and offices.
• Community & Economic Development newsletter: Since May 2025, the department issued 12 newsletters to promote various initiatives or meetings. Going forward, the department will provide a monthly newsletter that consistently provides activity data (number of permits, inspections, etc.) and shares information about other timely topics.

Next Steps
Staff will meet internally, and with members of the development community, to briefly present the completed projects and to seek input on additional process improvement changes. After completing the initial program, the following areas have been identified for exploration:

1. Modernizing Technology & Data Transparency
• AI Integration: Assessing and introducing targeted AI tools to assist with initial intake screening and administrative triage in Building and Planning. • Public Transparency Portal: Developing a reporting dashboard that tracks processing targets alongside current staffing levels and application volume. This contextualizes turnaround times for the public and Council when vacancies or activity surges occur.

2. Regulatory & Fiscal Sustainability
• Comprehensive Fee-for-Service Study: Updating fee schedules to achieve full cost-recovery, ensuring that development fees directly support the staffing levels required to meet desired turnaround times.

Item 12.a
• Design Standards Modernization: Updating City design standards to seamlessly accommodate emerging housing types and infill development. • Applicant Education: Providing clearer templates and guidance for non-professional applicants (homeowners and small business owners) using programs like Plan Check Express to reduce non-compliant submittals. This will reduce staff time, improve customer feelings about permitting, and keep smaller projects moving. • Leadership Visibility & Alignment
• Cross-Departmental Trust: Continuing to align leadership across Community & Economic Development, Public Works, Utilities, Parks, and Fire to eliminate operational silos.
• Community Presence: Increasing the local visibility of development review leadership to build direct relationships with the community and business stakeholders.

3. Plan Check Express Improvements & Promotion
• The Plan Check Express program has been very successful. After almost one year of operation, staff and customers have identified some areas that could be improved to ensure customer success including developing additional guidance documents regarding plan preparation. There is also an opportunity to promote the program to more customers and to the broader community; this will be a focus of the Building Division & Economic Development Division over the next six to nine months as staff capacity allows.

Environmental Impact:

Fiscal Impact:

Amount Requested: No additional appropriations are requested.

Funding Source: Community Development (2022).

Budget Distribution: The costs of staff time associated with this item are covered within the existing Community and Economic Development Department operating budget.

Alternatives:

The City Council could direct staff to focus on other Process Improvement action items.

Strategic Plan Goal:

Economic Development
Item 12.a
Subject to Levine Act:

No
Attachments:

None
Item 12.a
Development Review Process
Improvements Initiative Update

COMMUNITY & ECONOMIC DEVELOPMENT
August 25, 2026
Item 12.a
Background
• Initiative 2A of the 2021-2026 Strategic Plan established the goal of creating an efficient development review process.
• Baker Tilly evaluated workload, organizational structure, and procedures across Community Development, Public Works, Fire, Parks and Recreation, and Utilities to improve efficiency, customer service, and operational flow.
• The City Council unanimously directed staff to implement the Final Action Plan, with phased action items (immediate, short-, mid-, and long-term) based on Baker Tilly's recommendations.
• Rollout began in July 2025, followed by three formal progress updates issued in September 2025, December 2025, and June 2026.

August 24, 2026 Agenda Item 12.a Process Improvements Initiative Update - Slide of 19 2 Item 12.a
Completed Priority Action Items
Action Item 1: Plan Check Express - Tenant Improvement
Tuesday and Residential Wednesday (Complete/ Underway)
• Expedited plan review for eligible commercial and residential projects; faster turnaround to keep projects moving
• Over-the-counter or online appointment options
• Streamlines permitting while ensuring code compliance • Designed for customer convenience and efficiency
August 24, 2026 Agenda Item 12.a Process Improvements Initiative Update - Slide of 19 3 Item 12.a
Completed Priority Action Items
• Plan Check Express Eligible Projects (TI Tuesday)
August 24, 2026 Agenda Item 12.a Process Improvements Initiative Update - Slide of 19 4 Item 12.a
Completed Priority Action Items
• Plan Check Express Eligible Projects (Residential Wednesday) August 24, 2026 Agenda Item 12.a Process Improvements Initiative Update - Slide of 19 5 Item 12.a
Completed Priority Action Items
• Action Item 2: Launch eTRAKiT and electronic plan check for Building permit submittals (Complete)
• Action Item 3a: Application Completeness Phase 1
(Complete); and Action Item 3b. Application Completeness Phase 2 (Complete)
August 24, 2026 Agenda Item 12.a Process Improvements Initiative Update - Slide of 19 6 Item 12.a
Completed Priority Action Items
• Action Item 4: Processing Timeframes & Uniform Plan
Review Times (Complete)
• Action Item 5. Update the Project Review Committee
Process (Phase 1 Complete)
• Action Item 6. Implement development permit fees and
calculations within the TRAKIT system (Complete)
August 24, 2026 Agenda Item 12.a Process Improvements Initiative Update - Slide of 19 7 Item 12.a
Completed Priority Action Items
• Action Item 7. Develop administrative procedures for staff using TRAKiT and provide training to fully implement the system (Complete)
• Action Item 8. Web site updates (Complete)
August 24, 2026 Agenda Item 12.a Process Improvements Initiative Update - Slide of 19 8 Item 12.a
Completed Priority Action Items
• Action Item 9. Improve internal communication between City Manager and development review Directors (Complete)
• Action Item 10. Develop a measurement tool to track
customer satisfaction and routinely report results (Complete) August 24, 2026 Agenda Item 12.a Process Improvements Initiative Update - Slide of 19 9 Item 12.a
Additional Improvements
Land Use & Development Code Public Utility Flexibility
Expanded the City Council and City Manager’s authority to grant limited exemptions or modifications to development standards for public infrastructure projects, such as water and sewer improvements.

Land Use & Development Code General Plan Amendment
Streamlining
Eliminates the merit hearing process and allows General Plan Amendment applications throughout the year.

August 24, 2026 Agenda Item 12.a Process Improvements Initiative Update - Slide of 19 10 Item 12.a
Additional Improvements
Starting Your Business in Vacaville
Online guide that breaks down the different steps for a new or growing business in Vacaville.

August 24, 2026 Agenda Item 12.a Process Improvements Initiative Update - Slide of 19 11 Item 12.a
Additional Improvements
Community & Economic Development Newsletter
• 12 newsletters issued to promote various initiatives or meetings. • Monthly newsletter will share activity data (number of permits, inspections, etc.) and information about other timely topics.

August 24, 2026 Agenda Item 12.a Process Improvements Initiative Update - Slide of 19 12 Item 12.a
Next Steps: Technology and Transparency
• AI Integration: Assessing and introducing targeted AI tools to assist with initial intake screening and administrative triage in Building and Planning.
• Public Transparency Portal: Developing a reporting dashboard that tracks processing targets alongside current staffing levels and application volume. This contextualizes turnaround times for the public and Council when vacancies or activity surges occur.

August 24, 2026 Agenda Item 12.a Process Improvements Initiative Update - Slide of 19 13 Item 12.a
Next Steps: Regulatory & Fiscal Stability
• Comprehensive Fee-for-Service Study: Updating fee
schedules to achieve full cost-recovery, ensuring that
development fees directly support the staffing levels required to meet desired turnaround times.
• Design Standards Modernization: Updating City design
standards to accommodate emerging housing types and infill development.
• Applicant Education: Providing clearer templates and
guidance for non-professional applicants to reduce noncompliant submittals.

August 24, 2026 Agenda Item 12.a Process Improvements Initiative Update - Slide of 19 14 Item 12.a
Next Steps: Leadership Alignment
• Cross-Departmental Trust: Continuing to align leadership across Community & Economic Development, Public Works,
Utilities, Parks, and Fire to eliminate operational silos. • Community Presence: Increasing the local visibility of development review leadership to build direct relationships with the community and business stakeholders.

August 24, 2026 Agenda Item 12.a Process Improvements Initiative Update - Slide of 19 15 Item 12.a
Next Steps: Plan Check Express Improvements
• Develop additional guidance documents regarding plan
preparation.
• Promote the program to more customers and to the broader community.

August 24, 2026 Agenda Item 12.a Process Improvements Initiative Update - Slide of 19 16 Item 12.a
Next Steps
• Community outreach (fall 2026)
• New Strategic Plan includes process improvements
• Develop 2026-2027 Action Plan & Implement
August 24, 2026 Agenda Item 12.a Process Improvements Initiative Update - Slide of 19 17 Item 12.a
Recommendation
• Accept the report and provide direction to staff to prepare a second phase of the Initiative.

August 24, 2026 Agenda Item 12.a Process Improvements Initiative Update - Slide of 19 18 Item 12.a
Questions or Comments
August 24, 2026 Agenda Item 12.a Process Improvements Initiative Update - Slide of 19 19 Item 12.a

CITY OF VACAVILLE

CITY COUNCIL

STAFF REPORT
Meeting Date: August 25, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: GeorgeAnne Meggers-Smith, Assistant City Manager
(GeorgeAnne Meggers-Smith, Assistant City Manager (707) 449-5651) Subject: Resolution of the City Council of the City of Vacaville Adopting the Vacaville Sales Tax Citizens’ Oversight Committee
Governance and Operating Guidelines
Actions for Consideration:

Adopt the Vacaville Sales Tax Citizens’ Oversight Committee Governance and Operating Guidelines to establish the purpose, composition, responsibilities, limitations, and operating procedures of the Committee, attached as Exhibit A to the accompanying resolution.

Recommendations:

By simple motion, adopt the subject resolution.

Background:

In November 2016, Vacaville voters approved Measure M, a 0.75% local transactions and use tax. Revenues generated by Measure M are available to support general municipal services, including public safety, street and road maintenance, parks and recreation, and other City services.

On June 23, 2026, the City Council voted to place Measure V, a proposed 1% local transactions and use tax, on the November 3, 2026, ballot. If approved by voters, Measure V would provide additional locally controlled revenue for general municipal services.

As part of the City’s commitment to transparency and accountability, on July 28, 2026, the City Council directed staff to develop Sales Tax Citizens’ Oversight Committee roles and responsibilities along with an application process for consideration. The proposed Governance and Operating Guidelines establishes the Committee's purpose, membership, responsibilities, operating procedures, and reporting requirements. The Committee shall initially provide oversight of Measure M revenues. If Measure V is approved by voters, the Committee's oversight responsibilities shall automatically extend to revenues generated by Measure V, subject to applicable ballot measure, ordinance and governing documents. Measure M and Measure V are each general taxes under California Constitution, Article XIII C; the Committee’s oversight role Item 12.b
does not create a legally binding restriction on the use of general tax revenues and does not convert either measure into a special tax requiring two-thirds voter approval.

Discussion:

The proposed Governance and Operating Guidelines were developed after reviewing oversight committee models used by other California jurisdictions and tailored to Vacaville's organizational structure. It is intended to provide meaningful public oversight while avoiding duplication of existing financial audits and preserving the City Council's statutory responsibility for budget and policy decisions. Because Measure M and Measure V are general taxes, the Committee’s review of revenues and expenditures is conducted against the City’s own non-binding, Council-adopted budget priorities, rather than against a legally binding expenditure restriction imposed by the tax measures themselves.

Under the proposed Governance and Operating Guidelines, the Committee’s primary responsibility will be to meet quarterly to review and annually report on information regarding revenues generated by the applicable local sales tax measures and the City’s reported use of those revenues. The Committee will also review the results of the City’s annual independent financial audit as it relates to the sales tax measures and identify any concerns for consideration by the City Council and/or City Manager.

Committee Composition and Appointment
The Governance and Operating Guidelines provides for a five-member committee appointed by the City Council through the process established by the Council-adopted Commission Appointment Policy. Members will serve staggered terms without compensation, elect a Chair and Vice Chair annually, and receive administrative support from the Finance Department. Members may be removed before the end of their term only for cause, following written notice and an opportunity to respond to the City Council; a seat is deemed vacated only after two unexcused absences within a rolling twelve-month period, subject to Council ratification. Before appointments are made, the City Attorney will determine whether Committee positions must be designated in the City’s Conflict of Interest Code, which would require members in designated positions to file Statements of Economic Interests (Form 700).

The Governance and Operating Guidelines encourages a mix of experience in community leadership, municipal government, and public finance without requiring specific professional credentials.

Limitations on Committee Authority
An important component of the proposed Governance and Operating Guidelines is clearly defining the Committee’s role as one of oversight and public reporting rather than administration or policymaking.

The Committee would not have authority to:
• Approve, reject, or authorize City expenditures;
Item 12.b
• Establish or recommend City budget priorities, except when specifically requested by the City Council;
• Direct City staff or City operations;
• Make policy decisions on behalf of the City Council;
• Review revenues or expenditures outside the scope established by the City Council; • Conduct an independent financial audit or substitute its review for required City financial audits;
• Speak on behalf of the City or City Council; or
• Establish City policy, commit City resources, or represent an official City position unless specifically authorized for a particular event or activity.

These limitations preserve the City Council’s authority over the City budget and policy decisions while providing the Committee sufficient access to information within its authorized scope to conduct meaningful public oversight. The Guidelines further provide that removal of a Committee member may not be based on public statements, votes, or findings made in good faith in the course of the member’s oversight duties, preserving the independence the Committee is intended to provide.

Adoption of the proposed Governance and Operating Guidelines will establish a clear governance framework for the City's Sales Tax Citizens' Oversight Committee and reinforce the City's commitment to transparency and accountability in the use of locally generated sales tax revenues.

The Governance and Operating Guidelines provides a consistent oversight structure for Measure M and, if approved by voters, Measure V while preserving the City Council's authority over City policy decisions and City Manager’s administrative authority over administration and operations. Consistent with the accompanying resolution, the Governance and Operating Guidelines will be adopted as Exhibit A to that resolution, and staff will confirm the Guidelines remain consistent with the implementing ordinances and voter-approved terms for Measure M and, if approved, Measure V.

Staff anticipate opening the application process in early September so that City Council can ratify the Committee appointments in October. The first meeting will take place in January 2027.

Environmental Impact:

Fiscal Impact:

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

Item 12.b
Funding Source: There are no funds requested for this item.

Budget Distribution: The costs of staff time associated with this item are covered within the existing City Manager's Department operating budget.

Alternatives:

The City Council could choose not to approve the proposed Governance and Operating Guidelines. This alternative is not recommended because adoption of a formal Governance and Operating Guidelines provides clear expectations regarding the Committee’s authority, responsibilities, membership, reporting requirements, and relationship to the City Council and City staff.

The City Council could also modify specific provisions of the Governance and Operating Guidelines, including Committee size, qualifications, terms, meeting frequency, reporting requirements, or other operating procedures, prior to approval.

Strategic Plan Goal:

Fiscal Health
Subject to Levine Act:

No
Attachments:

Resolution – Action Item
Attachment 1: Exhibit A – Vacaville Sales Tax Citizens’ Oversight Committee Governance and Operating Guidelines
Attachment 2: Sales Tax Citizens’ Oversight Committee Application Item 12.b

CITY OF VACAVILLE
RESOLUTION NO. 2026-131
Resolution Adopting the Vacaville Sales Tax Citizens’ Oversight Committee Governance and Operating Guidelines
Whereas, in November 2016, the voters of the City of Vacaville approved Measure M, a local transactions and use tax to provide funding for essential City services, including public safety, street repairs, parks, and recreation; and
Whereas, on July 28, 2026, the City Council directed staff to develop a process to establish the Vacaville Sales Tax Citizens' Oversight Committee to provide public review of the City's reporting regarding the collection, allocation, and expenditure of local sales tax revenues consistent with the Governance and Operating Guidelines and the expenditure priorities reflected in the City’s adopted budget, without creating any legally binding restriction on the use of general tax revenues; and
Whereas, the City Council has determined that providing independent public oversight of revenues generated by Measure M, serves the public interest in transparency and accountability, and that, if Measure V is approved by voters, the Committee's oversight responsibilities shall automatically extend to revenues generated by Measure V, subject to the applicable ballot measure, implementing ordinance and governing documents; and Whereas, Measure M and Measure V are each general taxes under California Constitution, Article XIII C, with revenues available for general municipal purposes; the Governance and Operating Guidelines and the Committee’s oversight function do not create a legally binding restriction on the use of measure revenues and shall not be construed to convert either measure into a special; and
Whereas, adoption of the Governance and Operating Guidelines is exempt from the California Environmental Quality Act (“CEQA”) pursuant to California Code of Regulations, Title 14, Section 15378(b)(5), as an organizational and administrative activity of the City that will not result in a direct or indirect physical change in the environment; and Whereas, the City Council desires to adopt a Governance and Operating Guidelines establishing the purpose, membership, responsibilities, operating procedures, and limitations of authority for the Vacaville Sales Tax Citizens' Oversight Committee; and Whereas, the Governance and Operating Guidelines is intended to provide a clear governance framework while preserving the City Council's authority over City finances, budgeting, policy decisions, and the Committee's scope of authority, and require that the Guidelines remain consistent with the implementing ordinances and voter-approved terms of Measure M and Measure V; and
Item 12.b
Whereas, adoption of the Governance and Operating Guidelines supports the City's commitment to fiscal transparency, accountability, and public engagement.

Now, therefore, be it resolved, that the City Council of the City of Vacaville that the City Council does hereby adopt the Vacaville Sales Tax Citizens’ Oversight Committee Governance and Operating Guidelines, attached hereto as Exhibit A and incorporated herein by reference.

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 25th day of August 2026 by the following vote:

Ayes: Councilmembers Stockton, Ritchie, Chapman, Fremouw, Wylie, Vice Mayor Silva, and Mayor Carli
Noes: None

Absent: None

Attest:
_____________________________
Michelle A. Thornbrugh, City Clerk

Item 12.b
Item 12.b
Vacaville Sales Tax Citizens’ Oversight Committee Governance and Operating Guidelines

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Vacaville Sales Tax Citizens’ Oversight Committee - Governance and Operating Guidelines
Overview, Roles, and Responsibilities

1. Purpose and Authority
In November 2016, voters approved Measure M, a .75% local sales tax measure to fund essential city services including public safety, road repairs, and parks and recreation. In November 2026, voters will be asked to consider Measure V, a proposed 1% local sales tax measure to fund essential services including public safety, road repairs, and parks and recreation. The City Council directed the establishment of the Local Sales Tax Citizens’ Oversight Committee (“the Committee”) to ensure transparency and accountability in the use of those funds.

The Committee’s oversight responsibilities will apply to Measure M and, if approved by voters, the oversight committee responsibilities will extend to Measure V. Measure M and Measure V are each general taxes under California Constitution, Article XIII C, with revenues deposited into the City’s General Fund and available for general municipal purposes; they are not special taxes legally dedicated to specific projects or programs.

The Committee’s core purpose is to provide an additional layer of public review and accountability regarding the collection, allocation, and expenditure of local sales tax measure revenues, and reviewing the City’s reported use of those revenues against the expenditure priorities the City Council adopts through its annual budget process. Because Measure M and Measure V are general taxes, nothing in these Guidelines creates a legally binding restriction on the use of the measure revenues and nothing in the Committee’s review shall be construed to convert either measure into a special tax. The Committee does not have authority over General Fund spending, recognizing that measure revenues may be commingled with other General Fund resources for specific projects, programs, or services, nor does it set policy or budget priorities; its role is oversight and public reporting, not administration.

The Committee is appointed by and accountable to the City Council, and City staff provides administrative support to the Committee. The Committee serves in an oversight capacity separate from the City’s day-to-day administration and operations. Administrative support provided by City staff shall not limit the Committee's ability to review information within its authorized scope or present its findings publicly.

Committee members will serve on a voluntary, non-compensatory basis.

Item 12.b
Vacaville Sales Tax Citizens’ Oversight Committee Governance and Operating Guidelines

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2. Committee Composition
Size: Five members appointed by the City Council
Eligibility: Members must be residents of the City of Vacaville.

Desired Qualifications: It is preferred that the Committee collectively include members with experience, expertise, or demonstrated involvement in one or more of the following areas:
• Business or community interests
• Municipal or governmental operations and services
• Municipal finance, taxation, budgeting, or accounting

3. Application and Appointment Process:

The application and appointment process will follow the City Council’s adopted Commission Appointment Policy. Interested residents shall submit an application and participate in an interview process established by the Commission Appointment Policy. Final appointments shall be made by the Mayor and ratified by the City Council at a public meeting.

4. Terms, Vacancies, and Removal
Terms: Members shall serve four-year terms, staggered so that no more than half of the seats turn over in a given year. To establish the initial staggered terms, two of the five initial members shall serve two-year terms, and three members shall serve four-year terms. Thereafter, all members shall serve fouryear terms.

Vacancies: Vacancies shall be filled through the process established by the City Council, consistent with the Commission Appointment Policy referenced in section 3.

Removal: A member may be removed prior to the expiration of the member’s term by majority vote of the City Council, and only for cause, including malfeasance, violation of applicable conflict-of-interest or ethics laws, unexcused absences as described below, or other conduct materially inconsistent with the Committee’s duties. Before removal for cause, the member shall receive written notice of the grounds for removal and a reasonable opportunity to respond to the City Council. Removal shall not be based on a member’s public statements, votes, or findings made in good faith in the course of performing the Committee’s Item 12.b
Vacaville Sales Tax Citizens’ Oversight Committee Governance and Operating Guidelines

Page 3 of 6 ends

oversight function. A member who accrues two unexcused absences from regular meetings within a rolling twelve-month period shall be deemed to have vacated the seat, subject to ratification by the City Council at its next regular meeting; an absence is “unexcused” unless the member notifies the staff liaison at least twenty-four (24) hours in advance, except in cases of documented emergency.

Chair and Vice-Chair Terms: The Committee shall select a Chair and Vice Chair annually from among its members. The Chair and Vice Chair shall each serve one-year terms. There are no term limits.

Meeting Frequency: The Committee shall meet at least quarterly and may hold additional meetings as necessary.

5. Roles and Responsibilities
Financial Review
• Review annual reports regarding revenues generated by the measures and the City's use of those revenues, including expenditures associated with services and the expenditure priorities reflected in the City’s adopted budget purposes authorized by the applicable measure and reflected in the City’s adopted budget.
• Review the results of the annual independent financial audit relating to the local sales tax measures and refer any concerns to the City Council and/or the City Manager.

Public Reporting
• Issue an annual public report summarizing measure revenues, reported expenditures, significant projects or services supported by the revenues, and the Committee's findings regarding the City's reporting and compliance with applicable requirements.
• The Committee shall present its annual report to the City Council at a public meeting no later than April 30th of each year for the preceding fiscal year. • The staff liaison will ensure meeting agendas, minutes, and reports are publicly available on the City’s website.
• Committee records shall be maintained in accordance with applicable public records laws, including the California Public Records Act (Government Code § 7920.000 et seq.).

Public Engagement
Item 12.b
Vacaville Sales Tax Citizens’ Oversight Committee Governance and Operating Guidelines

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• Hold meetings open to the public, consistent with the Brown Act (Government Code § 54950 et seq.).
• Provide opportunities for public comment and questions regarding the use and reporting of measure revenues, with requests for detailed information referred to appropriate City staff.

6. Limitations on Committee Authority
• The Committee's review is limited to revenues generated by the applicable local sales tax measures and the City's reporting regarding the use of those revenues.

The Committee does not review or oversee the City's General Fund budget as a whole and does not have authority to approve, reject, or direct City expenditures.

The Committee does not:
• Approve, reject, or authorize City expenditures.
• Recommend or establish City budget priorities, except to the extent the Council specifically requests advisory input.
• Direct City staff or City operations.
• Make policy decisions on behalf of the City Council.
• Review expenditures or revenues outside the scope established by the City Council.
• Conduct an independent financial audit or substitute its review for the City's required financial audits.
• Speak on behalf of the City or City Council.
• Establish City policy, commit City resources, or represent official City positions unless specifically authorized for a particular event or activity.

7. Officers and Staff Support
• The Chair presides over meetings and serves as the spokesperson for the Committee regarding matters within the Committee’s authorized scope. The Chair shall not represent or speak on behalf of the City Council or City unless specifically authorized.
• The Committee shall have a staff liaison from the Finance Department who provides financial information, scheduling, and administrative support. The staff liaison is not a voting member.
• The Chair works with the staff liaison to develop meeting agendas consistent with the Committee's Council-approved scope and responsibilities. • The Chair is responsible for presenting the annual report collectively produced by the Committee at the Council Meeting coordinated with Staff.

8. Meetings and Brown Act Compliance
Item 12.b
Vacaville Sales Tax Citizens’ Oversight Committee Governance and Operating Guidelines

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• The Committee will meet quarterly.
• A quorum consists of a majority of the appointed members. • Meetings are noticed and conducted in compliance with the Brown Act (Government Code § 54950 et seq.).
• The staff liaison will ensure that minutes are prepared for all meetings and made publicly available on the City's website following approval by the Committee.

9. Conflict of Interest and Ethics
• Members will receive orientation regarding the measures, City budget, financial reporting, Brown Act, ethics, and committee responsibilities. • Members shall comply with all applicable conflict-of-interest laws and City policies, including the Political Reform Act (Government Code § 81000 et seq.). Prior to the appointment of initial Committee members, the City Attorney shall determine whether Committee positions must be designated in the City’s Conflict of Interest Code adopted under Government Code § 87300, and, if so, the City shall amend that code accordingly; members in designated positions shall file Statements of Economic Interests (Form 700) as required by law.

10. City Council Authority and Amendments
• The City Council retains authority over the establishment, composition, scope, and responsibilities of the Committee. The City Council may amend the Committee's purpose, responsibilities, membership requirements, appointment process, or operating procedures as necessary to ensure effective oversight and consistency with applicable laws and the provisions of the measures. Prior to adoption, staff shall confirm that these Guidelines are consistent with, and do not conflict with, the implementing ordinances and any voter-approved terms of Measure M and Measure V; in the event of any conflict, the applicable ballot measure and implementing ordinance shall control.
• The City Council shall review these Governance and Operating Guidelines at least every five years, or sooner, if necessary, to ensure they continue to meet the City's oversight and transparency objectives.
• The Committee may provide recommendations to the City Council regarding its procedures or scope of responsibilities; however, recommendations of the Committee shall be advisory only unless otherwise authorized and approved by the City Council.

Item 12.b
Vacaville Sales Tax Citizens’ Oversight Committee Governance and Operating Guidelines

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• The City Council may restructure the Committee if it determines that changes are appropriate, subject to any requirements established by the applicable ballot measures, ordinances, or other governing documents.

11. Effective Date and Applicability
These Governance and Operating Guidelines shall become effective upon approval by the City Council. The Committee shall initially provide oversight of Measure M revenues. If Measure V is approved by voters, the Committee's oversight responsibilities shall automatically extend to revenues generated by Measure V, Measure M and Measure V are each general taxes under California Constitution, Article XIII C, with revenues deposited into the City’s General Fund and available for general municipal purposes; they are not special taxes legally dedicated to specific projects or programs.

Item 12.b

CITY OF VACAVILLE

OFFICE OF THE CITY MANAGER
650 Merchant Street • Vacaville, CA 95688 • CityofVacaville.gov • 707.449.5100

SALES TAX CITIZENS' OVERSIGHT COMMITTEE

APPLICATION
Instructions: Please complete all sections. Attach additional pages if necessary. Applications become public records to the extent provided by law.

APPLICANT INFORMATION
Full Name
Street Address
City, State, ZIP
Phone
Email
Occupation
Business Name
Education
Years Living in Vacaville

ELIGIBILITY
☐ Yes ☐ No Previously served on a board, commission, or committee If yes, please identify the board(s), commission(s), or committee(s):
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

AVAILABILITY
☐ Yes ☐ No Available to attend daytime meetings
☐ Yes ☐ No Available to attend evening meetings
☐ Yes ☐ No Available to attend occasional required training

APPLICANT STATEMENT

1. Why are you interested in serving on the Sales Tax Citizens' Oversight Committee? __________________________________________________________________________________ __________________________________________________________________________________ Item 12.b
2 __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

2. What skills, knowledge, or experience would you bring to the Committee? __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ CONFLICT OF INTEREST (FORM 700)
Committee members are required to file an annual Statement of Economic Interests (Form 700). The Form 700 is a public document and must be filed by established deadlines. Failure to comply may result in removal from the Committee.
☐ I have read and understand the Form 700 requirements and agree to comply if appointed.

CERTIFICATION
I certify that the information provided in this application is true and complete to the best of my knowledge.

Applicant Signature Date
For City Use Only
Date Received
Received By
Appointment Date
Comments
Item 12.b
Resolution of the City Council Adopting the Vacaville Sales Tax Citizens’ Oversight Committee Governance and
Operating Guidelines
August 25, 2026
Item 12.b
Background
August 25, 2026 Agenda Item 12.b - Slide of 12 2
Measure M
approved
November 2016
Voters approved a

0.75% local
transactions and use
tax
Measure V
placed on ballot
June 23, 2026
Council placed a
proposed 1% local
transactions and use
tax on the November 3
ballot
Council
direction
July 28, 2026
Council directed staff
to develop oversight
roles, responsibilities,
and an application
process
Guidelines for
adoption
August 25, 2026
Council considers the
proposed Governance
and Operating
Guidelines and
application process
Item 12.b
Why establish an oversight committee?
Transparency Accountability Clear Governance
August 25, 2026 Agenda Item 12.b - Slide of 12 3
Creates a public forum to
review sales tax
revenues and the City’s
reported use of those
revenues.

Provides annual public
reporting and a clear
path to identify concerns
for Council and/or the
City Manager.

Defines the Committee’s
scope while preserving
the Council’s budget and
policy authority and the
City Manager’s
administrative authority.

Item 12.b
What will the Committee oversee?
The structure begins with Measure M and can extend to Measure V.

August 25, 2026 Agenda Item 12.b - Slide of 12 4
Measure M

0.75% local transactions and use tax.

Approved by voters in November 2016.

Committee oversight begins with
Measure M revenues.

Measure V
Proposed 1% local transactions and use
tax.

On the November 3, 2026, ballot. If
approved, oversight automatically extends
to Measure V revenues.

Item 12.b
Committee Composition
• Size: Five members appointed by the City Council
• Eligibility: Members must be residents of the City of Vacaville. • Desired Qualifications:
• Business or community interests
• Municipal or governmental operations and services
• Municipal finance, taxation, budgeting, or accounting August 25, 2026 Agenda Item 12.b - Slide of 12 5
Item 12.b
Terms, Vacancies, and Removal
• Terms: 4-year staggered terms
• Vacancies: Filled through the process established in the Commission Appointment Policy
• Removal: By majority vote of the City Council, and only for cause, including:
• malfeasance,
• violation of applicable conflict-of-interest or ethics laws, • unexcused absences as described below, or
• other conduct materially inconsistent with the Committee’s duties. • Chair and Vice Chair Terms: One-year terms (no term limits). The Committee shall select each annually from among its members.

August 25, 2026 Agenda Item 12.b - Slide of 12 6
Item 12.b
Roles and Responsibilities
• Review annual reports
regarding revenues generated
by the measures and the City's
use of those revenues.
• Review the annual independent
financial audit relating to the
local sales tax measures and
refer any concerns to the City
Council and/or the City
Manager.

Financial
Review
• Issue an annual report
summarizing revenues,
expenditures, significant projects
or services supported by the
revenues, and any compliance
findings.
• Chair shall present the annual
report to the City Council at a
public meeting no later than April
30th of each year for the
preceding fiscal year.

Public
Reporting
• Hold meetings open to the
public, consistent with the Brown
Act.
• Provide opportunities for public
comment and questions
regarding the use and reporting
of measure revenues, with
requests for detailed information
referred to appropriate City
staff.

Public
Engagement
August 25, 2026 Agenda Item 12.b - Slide of 12 7
Item 12.b
Limitations on Committee Authority
The Committee's review is limited to revenues generated by the applicable local sales tax measures and the City's reporting regarding the use of those revenues.

The Committee does not review or oversee the City's General Fund budget as a whole and does not have authority to approve, reject, or direct City expenditures.

The Committee does not:
• Approve, reject, or authorize City expenditures.
• Recommend or establish City budget priorities, except to the extent the Council specifically requests advisory input. • Direct City staff or City operations.
• Make policy decisions on behalf of the City Council.
• Review expenditures or revenues outside the scope established by the City Council. • Conduct an independent financial audit or substitute its review for the City's required financial audits. • Speak on behalf of the City or City Council.
• Establish City policy, commit City resources, or represent official City positions unless specifically authorized for a particular event or activity.

August 25, 2026 Agenda Item 12.b - Slide of 12 8
Item 12.b
Application & Appointment Process
• Oversight Committee Appointment List will be posted for 30 days beginning on September 1, 2026.
• City Clerk will compile the applicant list and provide application packets to the Mayor, Applicant Review Committee, and each member of the Council.
• Applications will be reviewed and applicants will be interviewed by the Applicant Review Committee. The Applicant Review Committee will provide the Mayor with a ranked list.
• The Mayor will appoint Citizens’ Oversight Committee members, subject to ratification by the majority of the councilmembers present at the public meeting.

August 25, 2026 Agenda Item 12.b - Slide of 12 9
Item 12.b
Next Steps
• Citizens’ Oversight Committee members will be appointed at a City Council meeting in October.
• The first Citizens’ Oversight Committee meeting will be held in January 2027, and quarterly thereafter.

August 25, 2026 Agenda Item 12.b - Slide of 12 10
Item 12.b
Recommendation
Adopt the Vacaville Sales Tax Citizens’ Oversight Committee Governance and Operating Guidelines.

August 25, 2026 Agenda Item 12.b - Slide of 12 11
Item 12.b
Questions or Comments
August 25, 2026 Agenda Item 12.b - Slide of 12 12
Item 12.b

CITY OF VACAVILLE

CITY COUNCIL

STAFF REPORT
Meeting Date: August 25, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Tamara Colden, Housing and Community Services Director (Staff Contact, Tamara Colden (707) 449-5671)
Subject: Informational update on Malaquias Montoya Community Center at De Colores Park
Actions for Consideration:

No Action
Recommendations:

Council receives the information.

Background:

The Brown Street Park Project, now known as Malaquias Montoya Community Center at De Colores Park, was approved by the City Council on July 23, 2024. On April 28, 2026, a majority of the City Council approved a motion to agendize a discussion about the project.

The Malaquias Montoya Community Center at De Colores Park, is the culmination of more than two decades of planning, community engagement, and investment intended to revitalize the Brown Street/Markham neighborhood and expand access to parks, recreation, and community services in one of Vacaville's historically underserved areas.

The project site consists of approximately 4.1 acres of City-owned property located at the corner of Brown Street and East Monte Vista Avenue. Beginning in the early 2000s, the City assembled the property as part of the East Monte Vista Avenue/Brown Street Redevelopment Strategy, which sought to address neighborhood blight, improve public infrastructure, and create opportunities for community investment.

As planning efforts evolved, the property was considered for several potential uses, including a multi-service campus, affordable housing, and ultimately a neighborhood park and community center. The current project reflects the recreational and community gathering needs identified through extensive neighborhood engagement.

Brown-Markham Neighborhood Public Recreation Improvements Plan Item 12.c
In 2020, the City initiated preparation of the Brown-Markham Neighborhood Public Recreation Improvements Plan to evaluate park and recreation needs within the surrounding neighborhood and position the City to pursue funding through the California Department of Parks and Recreation's Statewide Park Development and Community Revitalization Program (SPP).

Development of the Plan included an extensive community engagement process designed to ensure that the project reflected neighborhood priorities. Nearly 65 residents, community organizations, and stakeholders participated through a total of six public meetings, surveys, and outreach activities to identify desired park amenities and community needs. Community input directly influenced the conceptual design and included requests for:
• Open play areas;
• Children's playgrounds;
• Gathering spaces;
• Public art;
• Water play features; and
• A community center to support neighborhood programming and activities.

Based on the completed Plan and community-supported conceptual design, the City Council approved submission of an application for SPP grant funding.

In December 2021, the City was awarded $6.7 million through the Statewide Park Development and Community Revitalization Program to construct the project. In March 2023, the grant agreement was executed with the State and the grant award established a construction completion deadline of December 31, 2027.

Project Funding and Council Actions
Following the grant award, staff continued advancing the project through environmental review, design, engineering, and cost estimating. As design progressed, construction costs increased substantially during a period of unusually high construction inflation following the COVID-19 pandemic, when the construction industry experienced supply-chain disruptions, increased material and equipment costs, labor shortages and increased labor costs, and broader inflationary pressures. As a result, the updated project cost substantially exceeded the amount anticipated when the State grant application and preliminary project budget were developed.

On April 23, 2024, the City Council received an informational update on the project, including the status of design, updated project cost estimates, and the impacts of construction cost escalation.

Staff presented a comprehensive funding strategy that identified multiple funding sources to address the increased project costs, including:
• Community Development Block Grant (CDBG) funding,
• Remaining Redevelopment Agency Tax Allocation Bond proceeds, • Anticipated Section 108 Loan Guarantee Program funding, and Item 12.c
• Local Measure M funds.

Staff also initiated a value engineering process to evaluate opportunities to reduce project costs while maintaining the community-supported vision and functionality of the project.

As part of broader Measure M funding discussions during the spring of 2024, the City Council considered reprioritization of previously allocated Measure M funds.

On July 23, 2024, after reviewing the project funding needs and the consequences of not completing the project, the City Council approved the allocation of $6,775,000 in Measure M funding to close the remaining funding gap and allow the project to proceed toward construction.

Council's action established the local funding commitment necessary to preserve the State grant award and allowed staff to continue advancing the project through final design and construction document preparation.

On October 2, 2024, Parks and Recreation Commission approved the updated Brown Street Park Master Plan.

The project has continued to advance based on the funding strategy previously approved by the City Council.

Section 108 Loan Guarantee Program
While final design was underway, staff also pursued additional federal financing opportunities identified as a way to leverage future CDBG funding to accelerate construction of a community revitalization project.

As part of preparation of the City's 2025-2030 Community Development Block Grant (CDBG) Consolidated Plan, staff completed a comprehensive community needs assessment that included public workshops, stakeholder meetings, community surveys, public hearings, and a required public comment period to identify priorities for future CDBG investments. Through this process, improving parks, public facilities, and neighborhood infrastructure within the newly established Markham Callen Target Area was identified as a community priority and incorporated into the Consolidated Plan.

Consistent with those priorities, staff prepared an application for approximately $2.6 million through HUD's Section 108 Loan Guarantee Program to support construction of the Malaquias Montoya Community Center at De Colores Park. The application identified the project as a key investment in neighborhood revitalization.

On May 27, 2025, City Council approved the Consolidated Plan process, including application for Section 108 loan funding to support the project.

The Section 108 Loan application was reviewed through HUD's required public participation process, including public notice, public hearings, a 30-day public comment period, and City Council consideration as part of adoption of the 2025-2030 Consolidated Plan and Annual Action Item 12.c
Plan. Following completion of the required public process, the City Council approved submission of the Section 108 Loan Guarantee Program application in July 2025.

Discussion:

Current Project Status
The Malaquias Montoya Community Center at De Colores Park is fully designed, environmentally cleared, and funded through a combination of State, federal, and local funding sources. The project is anticipated to be advertised for construction bids in Fall 2026 followed by award of a construction contract early next year and commencement of construction in Spring 2027. This schedule aligns the solicitation with the fall construction bidding season, when contractors have historically provided more competitive pricing.

Project Funding and Investment to Date
The project is fully funded through a combination of local, state, and federal sources:

Funding Source Amount
State Parks Grant $6,700,000
Measure M Funds $6,775,000
Section 108 Loan (pending HUD finalization) $2,661,845
Downtown RDA Bond Funds $885,689
CDBG (expended through FY 25–26) $877,865
Successor Housing Agency Funds (expended) $337,857
Future CDBG Allocation (planned) $199,462
Total Project Funding
(Fully committed upon Section 108 finalization)
$18,437,718
The individual funding sources are interdependent and have been committed or pursued based on completion of the project as currently designed. This layered funding approach has allowed the City to continue advancing the project despite the significant construction cost increases experienced after the original State Parks grant application was prepared. The $6.7 million State Parks grant and $6.775 million Measure M allocation provide the two largest components of the funding plan, supplemented by CDBG funds, remaining Redevelopment Agency Tax Allocation Bond proceeds, and approximately $2.6 million in financing through HUD's Section 108 Loan Guarantee Program.

Item 12.c
Ongoing Project Costs
In addition to the one-time capital costs associated with construction, completion of the Malaquias Montoya Community Center at De Colores Park will result in ongoing costs associated with repayment of the Section 108 financing, maintenance of the park, and operation of the community center.

The proposed Section 108 financing is anticipated to require annual debt service payments of approximately $203,615 for 20 years. These payments are planned to be made from the City's future annual CDBG entitlement allocations rather than the General Fund.

The Malaquias Montoya Community Center is anticipated to operate primarily as an incubator kitchen and rentable community facility. The current operating model anticipates contracting with a third-party operator to manage facility rentals and related activities. Staff's goal is for the facility to operate on a cost-recovery basis, with approximately $125,000 in annual operating revenue and $125,000 in annual operating expenses, resulting in an approximately net-zero annual operating impact. Actual revenues and expenses will depend on facility utilization, rental activity, operating costs, and the final management structure and will be monitored following commencement of operations.

Ongoing park maintenance costs are estimated to range from approximately $66,000 to $82,000 annually.

The park encompasses approximately 2.735 acres, and current Public Works estimates indicate that maintenance costs can range from approximately $24,000 per acre annually for a typical neighborhood park to approximately $30,000 per acre annually for a park with a higher level of programmed amenities. Actual maintenance costs will depend on the final amenities constructed.

Given the amenities currently planned for De Colores Park, including the interactive water feature, annual maintenance costs may be toward the higher end of the estimated range.

Section 108 Loan Status
Following City Council approval of the Section 108 Loan Guarantee Program application in July 2025, staff submitted the application to HUD's local field office for review. After responding to technical comments and providing supplemental information, the application was approved by the local HUD field office in September 2025 and forwarded to HUD Headquarters for preparation of the commitment letter and final loan documents.

Since the application was forwarded to HUD Headquarters, staff has remained actively engaged throughout the federal review process. Staff has maintained regular communication with the local HUD field office, including approximately monthly follow-up discussions to monitor the application's status and respond to requests for additional information. Throughout the review process, the local HUD field office has been responsive and supportive in assisting the City and facilitating communication with HUD Headquarters.

Item 12.c
In January 2026, HUD provided template loan documents that allowed the City's legal counsel to begin reviewing the loan documents in advance of receiving the final executed versions. In March 2026, staff was advised that previous processing issues had been resolved and that the application was continuing to move forward.

In May 2026, HUD informed Staff that the application had completed panel review and had advanced into the administrative approval process, but that additional details regarding timing could not be shared until completion of the Congressional notification process.

While the federal government shutdown during the fall of 2025 contributed to delays in processing Section 108 applications, the City's application has now remained under review at HUD Headquarters for approximately ten months. As a result, staff expanded its coordination efforts beyond the local HUD field office and began working with Representative Mike Thompson's office to facilitate communication with HUD Headquarters and obtain updated information regarding the status of the application and anticipated timeline for issuance of the commitment letter and final loan documents.

On August 13, 2026, staff was notified that HUD had completed its federal review and approved the City's Section 108 Loan Guarantee application. While this represents completion of the federal application review and approval process, HUD has advised the City that funding for the loan will not be available until funding is provided through the Federal Fiscal Year 2027 budget.

Accordingly, the remaining timing of the Section 108 financing is dependent on the federal budget process and subsequent availability of FY 2027 funding. Staff will continue coordinating with HUD to monitor the federal funding process and determine when the commitment and final loan documents can be issued.

State Parks Grant Coordination
Throughout project implementation, staff has maintained regular communication with the California Department of Parks and Recreation regarding project progress, grant requirements, value engineering efforts, and the impacts of the extended federal financing timeline.

Recognizing that delays in the Section 108 process could affect the overall project schedule, staff has proactively coordinated with the State grant representative regarding the project's construction schedule and grant requirements. As part of those discussions, staff has begun evaluating whether the project could be implemented in multiple construction phases, including a potential Phase 1A and Phase 1B, while maintaining compliance with State grant requirements.

On August 14, 2026, staff met with the City's State Parks grant representative to discuss the status of the Section 108 financing, the resulting impacts to the project schedule, potential phasing of construction, and the process for requesting an extension of the State grant timeline. Staff presented a potential phased approach that would prioritize construction of the Malaquias Montoya Community Center and associated landscaping as Phase 1A, followed by construction of the remaining park improvements as Phase 1B.

Item 12.c
Because the proposed phasing would modify the implementation of the project from the project description originally approved as part of the State Parks grant award, additional State review would be required. The State grant representative indicated that the proposed approach would be discussed with State Parks senior management and that the City would subsequently be provided with guidance regarding the documentation and steps necessary to submit a revised project description for consideration.

Staff also discussed the State grant completion deadline and the process for requesting additional time should an extension become necessary. Staff will continue coordinating with State Parks following its internal review and will evaluate the phased construction approach based on the State's guidance, the timing of the Federal Fiscal Year 2027 Section 108 funding, and the project's overall construction schedule.

Next Steps
Staff will continue coordinating with HUD and the California Department of Parks and Recreation while moving forward with preparation of the project for construction bidding. The current schedule anticipates advertising the project for bids in Fall 2026, which will allow additional time for the Federal Fiscal Year 2027 Section 108 funding process to advance while also positioning the project to receive competitive construction pricing during the fall bidding season.

The bid documents are anticipated to be structured to provide flexibility in awarding the project based on the funding available at the time bids are received. Staff currently anticipates bidding Phase 1A, consisting of the Malaquias Montoya Community Center and associated landscaping, with the remaining park improvements identified as an alternate Phase 1B. This approach would provide the City with actual construction pricing for both phases while preserving the ability to adjust the construction award based on available State, federal, and local funding and any required approvals from State Parks.

Following completion of the competitive bidding process, staff anticipates returning to the City Council in early 2027 with the bid results and a recommendation for construction contract award.

The recommended contract award, including whether Phase 1B or other bid alternates are included, will be based on the funding available at that time, the bids received, and applicable State Parks grant requirements. City Council would consider and approve the construction contract before the City incurs the associated construction obligation.

Subject to City Council approval of the construction contract, construction is anticipated to begin in Spring 2027. Staff will continue monitoring the Section 108 funding process and coordinating with State Parks throughout procurement to preserve flexibility and advance the project toward construction within the applicable grant requirements.

Implications of Reallocating Measure M Funding
The $6.775 million in Measure M funding approved by the City Council in July 2024 is a necessary component of the project's overall funding plan. The State Parks grant, Section 108 financing, CDBG funds, remaining Redevelopment Agency Tax Allocation Bond proceeds, and Item 12.c
Measure M funds were combined to address the increased project costs and provide sufficient funding to construct the project.

As discussed above, staff has evaluated a phased construction approach in response to the delay in availability of the Section 108 financing. Under the approach currently being evaluated with State Parks, Phase 1A would prioritize construction of the Malaquias Montoya Community Center and associated landscaping, with the remaining park improvements included as Phase 1B. While this approach provides flexibility regarding the timing of construction, it does not eliminate the project's reliance on the previously approved Measure M funding. Construction of the proposed Phase 1A would require Measure M funding in addition to the other identified project funding sources.

Accordingly, if the City Council were to reallocate the Measure M funding currently committed to the project, staff would not have sufficient funding to proceed with the project as currently designed or with the phased implementation approach being evaluated with State Parks. The project would therefore be unable to move forward unless a replacement funding source sufficient to address the resulting funding shortfall were identified.

Discontinuing the project at this stage would also have financial implications beyond making the $6.775 million Measure M allocation available for other purposes. The City has already incurred project development expenditures using multiple funding sources, and the project is supported by a $6.7 million State Parks grant that was awarded based on completion of the approved project. As previously reported to the City Council, failure to complete the project could require the City to return State grant funds and replace CDBG and other restricted funds previously expended on the project with an eligible local funding source.

The table below summarizes the funding and expenditures that would be forfeited, repaid, or otherwise require resolution if the Measure M allocation were reallocated and the project did not proceed:

Category Funding Source Amount Impact
General Fund /
Replacement
Obligations
CDBG Funds
(expended through FY
25-26)
$877,865 Must be repaid
Successor Housing
Agency Funds
(expended)
$337,857 Loss of funds already invested
Downtown Bond
Funding (expended)
$223,816 Loss of funds already invested
State Parks Grantrelated costs (est.)$607,756 Ineligible costs if project is not completed
Item 12.c
Subtotal – Direct
Fiscal Exposure
$2,047,294 General Fund impact
Loss of External
Funding
State Parks Grant $6,700,000 Forfeited if project not
completed by Dec. 2027
Section 108 Loan
(pending)
$2,661,845 Application would be withdrawn;
funds no longer available
Subtotal – Lost
External Funds
$9,361,845 Irrecoverable project funding
loss
Staff will continue coordinating with HUD, the California Department of Parks and Recreation, and the Public Works Department to complete the remaining funding and grant requirements and maintain the project schedule. This report is intended to provide the City Council with an update on the project's history, current status, and next steps as implementation continues. Staff will return to the City Council with additional updates as significant milestones are reached.

Environmental Impact:

This item is exempt from the California Environmental Quality Act (CEQA) because it is not a project that has the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, pursuant to California Code of Regulations, Title 14, Section 15378(b)(5). This report is provided for informational purposes only and no action is being requested that would commit the City to a definite course of action.

Fiscal Impact:

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

Funding Source: The current project funding plan totals $18,437,718. Approximately $2,661,845 of this amount is associated with the HUD Section 108 Loan Guarantee Program and remains dependent on Federal Fiscal Year 2026-27 funding availability and finalization of the loan documents. Once this financing becomes available, the project will be fully funded under the current funding plan.

Funding Source Amount
State Parks Grant $6,700,000
Measure M Funds $6,775,000
Section 108 Loan (pending HUD finalization) $2,661,845
Downtown RDA Bond Funds $885,689
Item 12.c
CDBG (expended through FY 25-26) $877,865
Successor Housing Agency Funds (expended) $337,857
Future CDBG Allocation (planned) $199,462
Total Project Funding - Fully committed upon Section 108 finalization $18,437,718 Budget Distribution: The costs of staff time associated with this item are covered within the existing Housing and Community Services Department operating budget.

Alternatives:

None
Strategic Plan Goal:

Quality of Life
Subject to Levine Act:

No
Attachments:

None
Item 12.c
Informational Update on Malaquias Montoya
Community Center at De Colores Park
Housing and Community Services Department
Item 12.c
Informational Update
• Provide an informational update on the Malaquias Montoya Community Center at De Colores Park
• Summarize:
• Project history and prior Council actions
• Current funding structure and investment to date
• Section 108 Loan and State Parks grant status
• Current project schedule and next steps
• Financial implications if previously committed funding is reallocated • No Council action is requested tonight
August 25, 2026 Agenda Item 12.c - Slide of 16 2
Item 12.c
Project Site and Location
• Approximately 4.1-acre City-owned site
• Located at Brown Street and East Monte Vista
Avenue
• Within the Markham-Callen CDBG Target Area
• Site has been part of the City’s revitalization
strategy for more than 20 years
• Current project includes:
• Malaquias Montoya Community Center
• De Colores Park
• Associated landscaping, recreation, and gathering
spaces
August 25, 2026 Agenda Item 12.c - Slide of 16 3
Item 12.c
Background
• 2020 Brown-Markham Neighborhood Public Recreation Improvements Plan • 6 public meetings
• Nearly 65 residents, community
organizations, and stakeholders participated
• Community input directly informed:
• Open play areas
• Playgrounds
• Gathering and picnic spaces
• Public art
• Interactive water feature
• Community center
• $6.7 million State Parks grant awarded in
December 2021
August 25, 2026 Agenda Item 12.c - Slide of 16 4
Item 12.c
Background Cont’d
• Following the State grant award, the City continued advancing:
• Environmental review
• Design and engineering
• Cost estimating
• Entitlements
• Construction documents
• As the project advanced, 2022–2023 construction market conditions changed significantly:
• Post-COVID supply-chain disruptions
• Higher material and equipment costs
• Labor shortages and increased labor costs
• Broader inflation
• Result: Updated project costs exceeded the original grant-era estimates • Staff response: Value engineering + comprehensive funding strategy August 25, 2026 Agenda Item 12.c - Slide of 16 5
Item 12.c
Background Cont’d
• April 23, 2024 - Council received project update, revised cost estimates, and funding strategy
• Council reconsidered $8.4M in previously allocated Measure M funding • Project was considered alongside other City priorities, including the Flood Control – Detention Basin Expansion
• July 23, 2024 - Council approved $6.775 million in Measure M funding • October 2, 2024 - Parks and Recreation Commission approved updated Brown Street Park Master Plan
• May 27, 2025 - Council approved Consolidated Plan process, including pursuit of Section 108 financing
• July 2025 - Council approved submission of the Section 108 Loan Guarantee application
August 25, 2026 Agenda Item 12.c - Slide of 16 6
Item 12.c
Discussion
Project is Construction-Ready
• Fully designed
• Environmental review complete
• Entitlements and construction documents complete
• Funding plan assembled using State, federal, and local resources Current Schedule
• Fall 2026 - Advertise for construction bids
• Early 2027 - Return to Council for construction contract award • Spring 2027 - Construction anticipated to begin
August 25, 2026 Agenda Item 12.c - Slide of 16 7
Item 12.c
Discussion Cont’d
Funding Source Amount
State Parks Grant $6,700,000
Measure M Funds $6,775,000
Section 108 Loan $2,661,845
Downtown RDA Bond Funds $885,689
CDBG – expended through FY 25–26 $877,865
Successor Housing Agency Funds – expended $337,857
Future CDBG Allocation – planned $199,462
Total Project Funding $18,437,718
August 25, 2026 Agenda Item 12.c - Slide of 16 8
Item 12.c
Discussion Cont’d
• Section 108 Debt Service
• Approx. $203,615 annually for 20 years
• Paid from future CDBG entitlement allocations
• Not anticipated to be a General Fund expense
• Park Maintenance
• Estimated $66,000–$82,000 annually
• Based on approximately 2.735 acres
• Actual cost depends on final amenities and level of programming • Community Center Operations
• Incubator kitchen + rentable community space
• Target operating model: approximately $125,000 revenue / $125,000 expenses • Goal: net-zero operating impact
August 25, 2026 Agenda Item 12.c - Slide of 16 9
Item 12.c
Discussion Cont’d
HUD Section 108
• Federal review completed / approved — Aug. 13, 2026
• Final loan documents received
• Funding anticipated within approximately 45–60 days
State Parks
• Staff met with State Parks — Aug. 14, 2026
• Grant extension process
• Potential phased construction, if needed
• State representative was supportive of evaluating:
• Phase 1A: Community Center + associated landscaping
• Phase 1B: Remaining park improvements
• State Parks senior management review still required
August 25, 2026 Agenda Item 12.c - Slide of 16 10
Item 12.c
Discussion Cont’d
Fall 2026
• Advertise project for construction bids
• Can still structure bid to preserve flexibility:
• Phase 1A: Community Center + associated landscaping
• Phase 1B: Remaining park improvements as alternate
Early 2027
• Return to Council with:
• Bid results
• Recommended construction contract
• Recommended alternates based on available funding
Spring 2027
• Begin construction, subject to Council award
August 25, 2026 Agenda Item 12.c - Slide of 16 11
Item 12.c
Discussion Cont’d
Measure M is a necessary component of the current funding plan • Current Measure M commitment: $6.775 million
• Without Measure M:
• Phase 1A could not proceed
• Phased implementation would no longer be financially viable • Replacement funding would be required to keep the project moving • Project discontinuation would also trigger:
• Repayment/replacement of previously expended funds
• Loss of State Parks grant funding
• Withdrawal/loss of Section 108 financing
• Financial Exposure if Project Does Not Proceed
• Direct fiscal exposure: approximately $2.05 million
• Lost external funding: approximately $9.36 million
August 25, 2026 Agenda Item 12.c - Slide of 16 12
Item 12.c
Discussion Cont’d
August 25, 2026 Agenda Item 12.c - Slide of 16 13
Category Funding Source / Investment Amount Impact
Direct Fiscal Exposure CDBG Funds – expended through FY 25–26 $877,865 Must be repaid/replaced Successor Housing Agency Funds – expended $337,857 Funds already invested Downtown Bond Funding – expended $223,816 Funds already invested State Parks grant-related costs – est. $607,756 May become ineligible Subtotal – Direct Fiscal Exposure $2,047,294 Potential local fiscal impact Lost External Funding State Parks Grant $6,700,000 Grant funding lost if project does not proceed
Section 108 Loan $2,661,845 Federal financing no longer available Subtotal – Lost External Funding $9,361,845 External funding lost Staff Investment to Date City Attorney’s Office 17 hrs / 2 staff $4,133 Housing & Community Services 325 hrs / 3 staff $25,337
Parks & Recreation 600 hrs / 11 staff $41,928
Total Staff Investment 942 hrs $71,398
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Next Steps
Recent Updates - Since the staff report was prepared:
• Section 108 loan documents received
• City moving toward execution
• Funding anticipated within approximately 45–60 days
Fall 2026
• Proceed with bidding the full project
• Preserve option to structure bid with alternates/phasing for flexibility Early 2027
• Return to Council with:
• Bid results
• Final funding picture
• Recommended construction contract
• Any recommended alternates
Spring 2027
• Construction anticipated to begin, subject to Council award August 25, 2026 Agenda Item 12.c - Slide of 16 14
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Action for Consideration
• Provide an informational update on the Malaquias Montoya Community Center at De Colores Park
• No Council action is requested tonight
August 25, 2026 Agenda Item 12.c - Slide of 16 15
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Questions or Comments
August 25, 2026 Agenda Item 12.c - Slide of 16 16
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They say 84% of people looking to buy a new home or place to live depends on having a park in the neighborhood and 66% that does not have access feel undeserved. That's where we stand right now undeserved unappreciated and neglected. Markham is a nice neighborhood with hard working families with nothing for kids to do accept for riding bikes in the streets or playing ball in the courts upsetting neighbors. Almost always getting hit by cars because of the small spacing we have. Parking always along the streets with many blind spots. Our kids need to feel safe and be outside. 92% of people after visiting a park feel a boost in mental health and that's what we need right now in a society that's being controlled by social media and devices. We have the funding already so please make this happen! My name is Brandee Eason from the Markham Neighborhood Association and I stand with having a community park.

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Fae Sal Salfiti
Owner, Bliss Art & Dance Studio
Vacaville, CA 95688
August 24, 2026
Vacaville City Council
650 Merchant Street
Vacaville, CA 95688
RE: In Support of De Colores Park and the Malaquias Montoya Center Dear Mayor and Members of the City Council,
My name is Fae Sal Salfiti, and I own Bliss, an art and dance studio here in Vacaville that serves students of all ages, from small children taking their first ballet steps to adults finding their way back to movement later in life. For many of our children, they find a place and people that are welcoming and embracing of their own individuality and aspirations, in ways that may not fit into what is traditionally available in Vacaville and our surrounding region. I'm writing to add my voice to the “discussion” around De Colores Park and the Malaquias Montoya Center, because I think the conversation happening about this project has lost sight of what it actually is.

This park has been politicized in a way that, frankly, doesn't make sense to me. At its core, this is a neighborhood park and community center for the Markham neighborhood, and for everyone in our city. It has been long planned and long promised, named through an open, public process where residents themselves nominated and chose names that reflect the diversity of our community. There is nothing controversial about giving a neighborhood a place to gather. It creates a better, more welcoming community that balances the investments of our tax dollars. To turn away from this project would greatly diminish trust in our local government.

As a small business owner, I see this project through a very practical lens. Vacaville doesn't have enough affordable, flexible space for the kind of small cultural events that studios like mine, and others like us, depend on to build community: a recital for young dancers, a cultural celebration, a pop-up showcase for local artists. Likewise, it is very costly to open a business in existing buildings. The Montoya Center and De Colores Park gives our community an open space to hold those moments, the small, human-scale events that don't need a big venue but do need somewhere to happen.

What excites me most, though, is the commercial kitchen planned as part of the center. That is exactly the kind of infrastructure that lets someone with an idea and no capital actually start a business, the same way Bliss started small with the City of Vacaville before it became what we are today — with award-winning dance groups and professional dancers. When the City invests Item 12.c
in shared spaces like this, it isn't spending on an amenity, it's investing in the next generation of Vacaville entrepreneurs who can't yet afford a commercial lease of their own.

This Council has a real opportunity here: to support infrastructure that helps small businesses get off the ground, gives our diverse neighborhoods a shared space to celebrate their cultures, and strengthens the fabric of this city one small event, one new business, at a time. I hope you'll continue to move De Colores Park and the Malaquias Montoya Center forward, and I hope the public conversation about it can return to what this project actually is: an investment in our community.

Thank you for your time and your continued service to Vacaville.

Sincerely,
Fae Sal Salfiti
Owner, Bliss Art & Dance Studio
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Dear Mayor John Carli and Councilmembers:

I'm concerned that the primary motivation for agendizing the Malaquias Montoya Center and De Colores Park project (to be placed on Brown Street) is to essentially use this as an opportunity for political and campaign purposes.

As you know, this park project was the highlight of a negative campaign ad against Councilman Michael Silva (and in support of Mayor Carli) in connection with their bid for Board of Supervisor. The Solano County Deputy Sheriff Association's PAC was the vehicle used to finance this negative campaign ad in an effort to unfairly depict Councilman Silva as recklessly spending and putting families at risk as a result of the park. The ad went on to also claim that $8,000,000 was spent by Councilman Silva "on a single park in his own neighborhood and worse, he took those funds directly from fire and police departments." Notably, as addressed in an article in The Reporter dated May 25, 2026, Councilman Roy Stockton, who works for the Solano County Sheriff's department was paid by such PAC in the amount of $233.55 for banners in support of Carli.

While I'm not suggesting that Councilman Stockton is wrong for contributing and/or receiving funds to or from the Sheriff Association's PAC, and I'm not suggesting that fire and police are asking for any Measure M funds set aside for the project - I do believe the facts and circumstances described above warrant seeking an opinion from the City Attorney and/or FPPC (through an Advice Letter) to ascertain if Mayor Carli and/or Councilman Stockton can participate in the discussion of the project.

Furthermore, given it appears that the park project is now in jeopardy in light of the controversial vote to place the park back on the agenda - it would be helpful for staff to quantify the millions in grant funding that will be lost should those Councilmembers against the park prohibit the City from using Measure M funds for the park.

As a reminder, I've attached documents that show the Brown Street neighborhood, which was included within the City's Redevelopment Agency's territory, has been promised significant and beneficial projects on Brown Street to improve the neighborhood; however, such promises have continued to be broken.

East Monte Vista Venue - Brown Street Redevelopment Strategy In fact, in 1996, the City adopted the "East Monte Vista Avenue - Brown Street Redevelopment Strategy," which is also referenced in the attached HUD grant application, where the City received $1,250,000, to specifically facilitate the planned redevelopment of Brown Street.

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The City caused its former Redevelopment Agency to acquire the lands on Brown Street around 1996 to 1998 so that blight could be removed to, among other things, construct the necessary capital projects necessary to provide services to the neighborhood such as Workforce job training and placement services, counseling, drug & alcohol treatment, and Food programs to feed Women, Infant & Children, a planned parenthood, and rainbow center to facilitate court ordered supervised visitations, court ordered exchange of children, etc. (See the attached Deeds that include resolutions describing the purpose to remove blight and carry out the Redevelopment plan for Brown Street. Notice too that one Resolution states Redevelopment is granting certain Brown Street parcels back to the City so that the City can carry out the Redevelopment Plan event after the dissolution of such Redevelopment Agency.)
Also, I wanted to bring to your attention the fact that the City has voter approved tax measures such as Measure I (in additional to Measure M) that should have been used to fund the Brown Street project.

Attached - I provided the ballot text and resolution for the City's Measure I - an excise tax charged on our water/sewer bill. On pages 1-15 of the attached Measure I ballot language, it states that voters were provided ballot language that represented Measure I tax revenue would be spent on parks and "at-risk youth."
Further, Measure M also stated in its full text ballot language under "Use of Proceeds" that it would be used on, among other things, parks, recreational programs, and sports fields, which are precisely the types of projects that would fund the Brown Street area. https://ballotpedia.org/Vacaville,_California,_Sales_Tax,_Measure_M_(November_2016) Lastly, I attached the poll taken in 2012 for Measure I and Measure M. A similar poll was taken in 2016 and 2018 for the 2016 Measure M sales tax measure. It's important to note that the residents of Vacaville supported Measure I and Measure M because it was to fund multiple things, such as addressing at-risk youth and parks.

It's fundamentally wrong to pull on the heartstrings of voters to compel them to vote in favor of tax measures by making representations in ballots that you will address our at-risk youth and parks, etc., who likely predominately reside in District 3 and District 4, without actually allocating the necessary funds to meet the needs of our disadvantaged communities.

It's also fundamentally wrong to NOT utilize Measure M for projects such as the Community Center, which will generate tax revenue) and parks - especially since Measure M has generated significantly more sales tax revenue than the estimated $14 million that it disclosed in the ballot text.

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Lastly, it's incredibly sad and disappointing that since at least 1988 - City Staff have planned on revitalizing the Brown Street neighborhood by obtaining special funding such as grants, HUD loans, and Redevelopment funds without ensuring that these planned projects were fully funded so it could provide the services this neighborhood needs.

Again, it is the demographics of the census tracks in the Brown Street neighborhood that earned the special grant funding received over the years. The City is in debt to this neighborhood because it did not fulfill its promises to them despite the Redevelopment Agency's plans for Brown Street, obtaining special grant funding, and despite disclosing to voters that it would use Measure I and Measure M to fund programs to address at-risk youth and parks that our community needs.

Sincerely,
Alicia Minyen
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'el
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..._/
FII_ED ORDINANCE NO. 1843
ORDINANCE PROPOSING THE IMPOSITION oF 1iJt&d,iE'=flt= 4 9 . FOR THE AVAILABILITY AND PRIVILEGE OF USE OF GENERAL~l/~#~.IPAL SERVICES AND FACILITIES AND ORDERING THE ~~ltrMf~ . PROPOSITION THEREFOR TO THE ELECTORA-flf~l= 1 1r'°liE CITY
WHEREAS, on November 8, 1988, the voters of the City of Vacaville ("City") approved an excise tax for the purpose of funding general municipal services and facilities provided to persons living and working in Vacaville; and
WHEREAS,· such services and facilities include, but are not limited to, police and fire protection, gang suppression, ambulance serviee, street repair, park maintenance, recreation programs, public parks, sports fields, roadway improvements, the MGBride Senior Center, the Walter V. Graham Aquatics Center, the Ulatis Community Center, the Vacaville Performing Arts Theater, funding for local libraries and other services and facilities that promote and preserve the public health, safety, and welfare of persons living and working in Vacaville; and WHEREAS, the City depends upon the excise tax, commonly referred to as "Measure I", as a source of funding for the prnvision and maintenance of such services and facilities; and WHEREAS, Measure I annually generates about $2.3 million in tax revenues, which are deposited into the City's general fund to fund general municipal services and facilities; and WHEREAS, as a result of the current statewide economic downturn and resulting impacts to sales and property taxes alid the State of California's ·action to eliminate redevelopment agencies, the City has experienced a s1.1bstantial reduction in · revenue, which has required the City to decrease employee salaries and ·benefits,· reduce its work force by twenty-five percent (25%), and curtail expenditures on equipment,· supplies, and services, resulting in a reduction of municipal services and facilities provided to persons living and working in Vacaville; and WHEREAS, despite these reductions in expenditures, the City's general fund is projected to have a deficit of $1 .4 million in fiscal year ~012/2013, which increases to $3.6 million in fiscal year 2014/2015; and
WHEREAS, the structural deficit in the City's general fund is projected to continue beyond fiscal year 2014/2015; and
WHEREAS, Measure I is due to expire in December 2013; and WHEREAS, in. order to provide and maintain general municipal services and facilities, the M~asure I excise tax must be maintained as· a funding sou(ce for such services and facilities; and WHEREAS, this Ordinance will continue and maintain the current rates under Measure I and does not authorize an increase in those_ rates without a vote of the people; and . WHEREAS I the revenues generated by this Ordinance will be used to provide and maintain general municipal services and facilities of 1he Gity; and WHEREAS, Government Code Section 53724 at..rthorizes the Council to propose a ;_general tax; and
WHEREAS, Elections Code Section 9222 authorizes the City Council to submit an ordinance to the voters for their-consideration and approval.

NOW, !HEREFORE, THE CITY COUNCIL OF THE CITY OF VACAVILLE!,E>.OES ORDAIN As _FoLi:.ows:. · · ·
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ARTICLE 1

DEFINITIONS AND RULES OF CONSTRUCTION
Section 1.01. Definitions. U~le~s the context otherwise requires, the terms defined in this Section for all purposes of this Ordinance and of any amendment thereto shall have the meanings herein specified.
"City" means the City of Vacaville.
"Council" means the City Council of the City of Vacaville. "Month" means a calendar month.
"Person· includes any person, firm, . association, organization, partnership, business trust, corporation or company, but does not include any municipal or public corporation. "Operator" means a person required to collect and remit a tax imposed by this Ordinance against persons in category (d) of Section 2.02. ·
"Single•family residential unit" includes condominium unit. · "Tax" means the tax imposed hereunder, as further described in Section 2.01. "Transient basis" means tor a period of 30 days or less. "Tax Administrator" means the Director of Finance o{ the City or other person designated by the City Manager, from time to time. ·
Section 1.02. Rules of Construction. All references in this Ordinance to u Articles", "Sections" and other subdivisions are to the corresponding Articles, .Sections or subdivisions of this Ordinance; and the words "herein", "hereof, uhereunder", and other words of-similar import refer to this Ordinance as a whole and not to any particular Article, Section or subdivision hereof.

Words of the masculine gender shall be deemed and construed to include correlative words of .._,,, the feminine and neuter genders. Unless the context shall otherwise indicate, words importing the singular number shall include the plural number and vice versa, and words importing persons shall include corporations and associations, as well as natural persons.

Section 1.03. Benefit to all Persons. The City Council has f9und and determined and hereby declares that all persons residing, doing business and occupying space as a transient in the City enjoy the privilege of using and benefit from the providing, by the City, of municipal services and facilities including, without limitation the services ·and facilities herein described.

Section 1.04. Intent of City Council The Tax is not: (i) a property tax, ad valorem or .. otherwise, (ii) a transaction tax, (iii) a sales tax on real property, or· (iv) a special tax; this determination shall be determinative. The Tax is intended to operate as an e?{cise tax imposed as a revenue measure for the availability and privilege of use of general municipal services and facilities; however, the denomination of the Tax in this Ordinance as an excise tax shall not be deemed conclusive. The City Council declares that it would have adopted this Ordinance and imposed the Tax even though it may be determined that the levy is in law not an excise but some other form of taxation that may be lawfully imposed by the City. The Council recognizes that the Tax, as applied to persons in category (b) of Section 2.02, qualifies as a business license excise tax and, as applied to persons in category (d) of Section 2.02, qualifies as a transient occupancy excise tax.

Section 1.05. Disposition of Proceeds. This Ordinance is hereby declared to be a revenue. measure for general government purposes; the proceeds of the Tax shall be paid into the general fund.

Section 1~06. Protection of Funding. Current law forbids any decrease in State or federal funding to the City because of City's adoption of an excise tax. However, if such funding is reduced as -..__.,a result of the adoption of this excise tax, then the amount of the excise tax will be reduced annually as necessary in order to restore such State or federal funding. Consequently, whether directly or Item 12.c
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indirectly, no proceeds derived from this excise tax may be taken away by the State or federal governments.

ARTICLE 2

IMPOSITION OF TAX
Section 2.01. Imposition of Tax. The Council hereby proposes the imposition of an excise tax for the availability and privilege of use of general municipal services and facilities, herein described, the revenues from which will be used by the City to provide and maintain general municipal services and facilities of the City. Said excise tax shall be known as the ~community Services and Facilities Tax" and is herein referred to as the "Trot.

Section 2.02. Maximum Rates. The Tax shall be levied on all persons residing, doing business and occupying· space as a transi~nt in the City as a tax on the privilege of using general municipal services and facilities of the City, at not to exceed the following rates:
(a) as to persons occupying singlefamily residential units on other than a transient basis
(b) as to persons engaged in
business activities subject to the
City's business license tax,
l) with one employee
ii) with 2-5 employees
iii) with 6-12 employees
iv) with 13-25 employees
v) with 26-50 employees
vi) with 51-100 employees
vii) with over 100 employees
(c) as to persons residing as tenants
in apartment units or mobile home
parks for a period of longer than
30 days
( d) as to persons occupying a room
or rooms in a hotel, inn, tourist
home or house, motel, or other
lodging for any period of 30 days
or less
$58.00 per residential
unit per year
$15.00 per year
$60.00 per year
$90.00 per year
$120.00 per year
$180.00 p~r year
$300.00 per year
$600.00 per year
$58.00 per rental
unit per year
Two percent (2%) of the
rent
Section 2.03. Methods of Collection.• The Tax constitutes. a debt owed by the persons identified in Section 2.02 to the City, which is extinguished only by payment of the amount of the Tax in the manner herein provided.

As to persons in category (a) of Section 2.02, the Tax shall be added to and collected together with and not separately from and at the same time and in the same manner and subject to the same penalties for nonpayment as the charges for water and sewer service rendered by the City to occupied residential property; provided, that neither the water nor sewer service shall be discontinued· because of nonpayment of the Tax.

As to persons in categories (b) and {c) of Section 2.02, the Tax shall either. (i) be added to and collected together with and not separately from and at the same times and in the same manner and subject to the same penalties for nonpayment as the City's business license tax, or (ii) collected by direct, periodic billing. ·
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As to persons in category (d) of Section 2.02, the Tax shall be added to and collected together with and not separately from and at the same times and in the same manner and by the same persons as the City's transient occupancy tax.

Collection of the Tax from persons who are exempt from the City's business license tax or transient occupancy tax shall be accomplished by direct, periodic billing or other means deemed appropriate by the Tax Administrator.

The -City may modify· or amend the methods of collection herein set forth to clarify any ambiguity or uncertainty therein or to render the ·collection of the Tax more effective or to· minimize or ameliorate inequities or to provide a more efficient method of collection now or hereafter provided by law.

Any Tax required to be paid by a person referred to in category (d) of Section 2.02 which has been collected by an Operator but which has not been remitted to the Tax Administrator shall be deemed a debt owed to the City by the Operator. Any person owing money to the City under the provisions of this Ordinance shall be liable to· an action brought in the name of the City for the recovery of such amount plus the City's cost of recovery including, but not limited to, fees for attorneys and expert witnesses.

Section 2.04. Duration. The Tax shall be levied for a maximum of twenty-five (25) years from the date of its imposition, which shall be the day following the expiration of the Measure I excise tax approved by the voters on November 8, 1988.

ARTICLE 3

ADMINISTRATIVE PROVISIONS
Section 3.01. Rules and Regulations. The Tax Administrator shall have power to adopt rules and regulations not inconsistent with the provisions of this Ordinance for the purpose of carrying out and enforcing the payment, collection and remittance of the Tax herein imposed; and a copy of __,, such rules and regulations shall be .on file and availabfe for public examination in the Tax Administrator's office. Failure or refusal to comply with any rules and regulations prornutgated under this Ordinance shall be deemed a violation thereof.

Section 3.02. Exemption. Nothing in this Ordinance shall be construed as imposing a tax upon any person rf imposition of such tax upon that person would be in violation of the Constitution of the United States of the Constitution of the Stale of California.

Section 3.03. Reporting and Remitting. Each Operator shall, on or before the last day of each monlh, make a return to the Tax Administrator, on forms provided by the Tax Administrator, stating the amount of tax collected by the Operator during the preceding month. At the time the return is filed, the full amount of the tax collected shall be remitted to the Tax Administrator. The Tax Administrator is authorized to require such further information as the Tax Administrator deems necessary to properly determine if the tax imposed by this Ordinance is being levied and collected in accordance with this Ordinance. Returns and remittances are due immediately upon cessation of business for any reason.

Section 3.04. Assessment; Administrative Remedy. The Tax Administrator may make an assessment for .taxes not paid or remitted by a person required to pay or remit. The Tax Administrator shall prepare a notice of the assessment and of a public hearing thereon, which shall refer briefly to the amount of the taxes and penalties imposed and the time and place where such assessment is payable and of the public hearing that shall be submitted to the Council for confirmation or modification. The Tax Administrator shall mail a copy of such notice to the person taxed (and to the Operator if the tax is payable by a person described in category (d) of Section 2.02) at least ten (10) days prior to the date of the hearing and shall post such notice for at least five (5) continuous days prior to the date of the hearing on the official bulletin board of the City where Council meeting notices ire posted. Any interested party having any objections may appear and be heard at the hearing, _,.,,provided the objection is filed in writing with the Tax Administrator prior to the time set for the hearing.

At the time fixed for the hearing and for considering said assessment the Council shall hear the same together with any objection filed as aforesaid. The Council may thereupon confirm or modify said Item 12.c
assessment by motion of the Council. The assessment authorized under this Section is not a lien on real property nor shall it be enforced through a lien on real property.

Section 3.05. Refunds.
(a) Whenever the amount of any Tax has been overpaid or paid more than once or has been erroneously or illegally collected or received by the Tax Administrator under this Ordinance, it may be refunded as provided in this Section.
(b) A person required to collect and remit Taxes imposed under this Ordinance may claim a refund or take as credit against Taxes collected and remitted the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the Tax Administrator that the person from whom the Tax has been collected did not owe the Tax; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the Tax so collected has either been refunded to the person taxed or credited to charges subsequently payable by tile person taxed to the person required to collect and remit. (c) No refund shall be paid under the provisions of this Section unless the claimant establishes the right thereunto by written records showing entitlement thereto. No refund shall be paid unless a claim therefore is made within one (i) year of the date of the accrual of the refund.

ARTICLE 4

PROCEDURES
Section 4.01. Power in Addition. The powers conferred by this Ordinance are in addition to, and the limitations imposed by this Ordinance do not affect, the powers conferred by any other law or ordinance.

Section 4.02. Ordinance Controlling. If this Ordinance is inconsistent with any other law, this Ordinance is controlling.

Section 4.03. Liberal Construction. This Ordinance shall be liberally construed to promote its objects.

Section 4.04. Defect or Omission, Validity of Proceedings or Taxes. If the jurisdiction of the Council lo order the proposed act is not affected, the defect or omission of any officer in proceedings under this Ordinance does not invalidate the proceedings or taxes levied under this Ordinance.

Section 4.05. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases is declared unconstitutional.

ARTICLE 5

ELECTION
Section 5.01. Call of Election. A municipal election is hereby called and ordered to be held in the City on Tuesday, November 6, 2012, at which election there shall be submitted to the qualified voters of the City the proposition set forth below.

Section 5.02. Proposition. The proposition shall appear on the ballot for said municipal election in the following form:
"Measure 'to Extend Existing City of Vacaville Funding With No Tax Rate Increase. In order to continue funding for essential City services, such as libraries, streeUpark maintenance, public safety, the Performing Arts Center, and· local programs for persons of all ages, lncluding seniors and at-risk youth, shall City of Vacaville Ordinance No. 1843 be approved lo continue the existing excise tax for twenty-five years without increasing current tax rates and with all funds staying locally with the City of Vacaville?" Item 12.c
The Council does hereby submit lo the qualified voters of the City, at said municipal election, this Ordinance and the proposition set forth above.

Section 5.03. Submission; Intent. The Council does.hereby submit to the qualified voters of the City, at said municipal election, this Ordinance and the proposition set forth in Section 5.03 hereof.

The City intends to levy the excise tax for the objects and purposes set forth above if a majority of all qualified voters voting on the proposition set forth above vote in favor thereof.

Section 5.04. Polls Open. The polls for said election shall be opened at seven o'clock A.M. of the day pf said election and shall remain open continuously from said time until eight o'clock P.M. of the same day, when said polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California.

Section 5.05. Consolidation With Statewide General Election. The municipal election hereby called for the date hereinbefore specified shall be, and is hereby, ordered consolidated with the statewide general election to be held within the City on said date, and within the territory affected by the consolidation, the election shall be held and conducted, election officers appointed, voting precincts· designated, ballots printed, polls opened and closed, ballots counted and returned, returns canvassed, results declared, and all other proceedings incidental to and connected ·with the erection shall be regulated and done in accordance with the provisions of law regulating the statewide general election and specified herein. The Board of Supervisors of Solano County is hereby requested to order the. consolidation of the municipal election hereby called with said statewide general election, and the Board of Supervisors of the County of Solano is hereby authorized to canvass the returns of said municipal election, and said election shall be held in all respects . as if there were only one election and only one form of ballot shall be used. Said Board of Supervisors shall certify the results of the canvass of the returns of said municipal election to the Council, which shall thereafter declare the resutts thereof. The measure submitted by this Ordinance shall be designated ·on the batlot by a letter ,rinted on the left margin of the square containing the description of the measure, as provided in '----"'ectlon 13116 of the Elections Code of the State of California.

Section 5.06. County Registrar of Voters' Services. The Board of Supervisors of Solano County is hereby requested to permit the County Registrar of Voters to provide such services as may be necessary to properly and lawfully hold and conduct a municipal election in the City on November 6, 2012, including, but not limited to, consolidation of precincts; recruitment and appointment of election officers; establishment of polling places; preparing and mailing notices of appointment; printing sample ballots, sample ballot envelopes, ballot measures, polling place cards, ballot arguments and mailing lo registered voters; !he providing and printing of official ballots and polling cards; purchase election supplies, including precinct and absent voter supplies, voting booths and flags; provide for absentee voting at the Office of Registrar of Voters, Election Division; cartage of voting booths, ballots, ballot boxes and precinct supplies to precincts; supervision and conduct of election; provide registration lists and any other materials and services that may be requested from lime to time by the City Clerk or required to lawfully conduct the election in accordance with the California Elections Code.

Section 5.07. Canvass of Returns. The County Registrar of Voters is hereby authorized to tabulate votes and canvass the returns of the municipal election, which shall be held in all respects as if there were only one election. Only one form of ballot shall be used and the returns of the election need not be canvassed by the Council. The canvass shall be made in accordance with the provisions of Division 15 ( commencing with Section 15000) of the California Elec~ions Code. The County Clerk shall declare. the results of the canvass of the returns of the municipal election, based on the certified statement of results submitted by the County Registrar of Voters.

Section 5.08. Reimbursement. The City shall reimburse the County of Solano for services 'rformed pursuant to this Ordinance upon presentation of a bill to the City.

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Section 5.09. Voting Qualifications. All persons qualified to vote at general municipal elections in the City upon the date of the election herein provided for shall be qua!ified to vote upon the proposition submitted at said election.
'---' Section 5.10. Ballots. Ballots for the election shall be provided in the form and in the number provided by law. On said ballots, in addition to any other printed matter which may be required by law, two voting squares shall be set off to the right of the proposition submitted at the election, in the manner provided by law, one having the word "YESn printed before it, and the other having the word "NO" printed before it.

Section 5.11. Method of Voting. Each voter to vote for the proposition shall stamp or write a cross, or indicate by hole punch or other means, in the blank space opposite the word "YES" on the ballot to the right of the proposition; and each voter to vote against the proposition shall stamp or write a cross, or indicate by hole punch or other means, in the blank space opposite the word "NO" on the ballot to the right of the proposition.

Section 5.12. Compliance with law. In all particulars not recited in this Ordinance, the election shall be.held and conducted as provided by law for holding municipal elections.

Section 5.13. City Clerk. The notice of the time an_d place of holding the election is given and lhe City Clerk is directed to give further or additional notice of the election in the time, form and manner as required by law. The City Clerk is hereby directed to file with the Board of Sup~:"isors of Solano County and the County Registrar of Voters a certified copy of this Ordinance and to take all other actions necessary to effectuate the directives of this Ordinance including, but not limited to, revising the language of the proposition set forth in Section 5.02 to ensure that it complies with law.

The City Clerk is directed to transmit to the City Attorney a copy of this Ordinance and the City Attorney is directed to prepare an impartial analysis thereof consistent with applicable law.

ARTICLE 6

PUBLICATION AND EFFECTIVE DATE
Section 6.01. Publication. This ordinance shall be published in accordance with the provisions of Government Code Section 36933. The City Clerk is hereby authorized and directed to make such publication.

Section 6.02. Effective Date. Pursuant to Government Code Section 36937, this Ordinance shall become effective immediately upon its adoption by not less than a two-thirds vote of all members of this Council.

I HEREBY CERTIFY that this Ordinance was INTRODUCED at a regular meeting of the City Council of the City of Vacaville, held on the 261h day of June, 2012, and ADOPTED ANO PASSED at a regular meeting of the City Council'of the City of Vacaville, held on the 10th day of July, 2012, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:

Council members Harris, Hunt, Mashburn, Vice-Mayor Rowlett and Mayor Hardy None
None
Item 12.c
I, Michelle A. Thornbrugh, City Clerk of the City of Vacaville, County of Solano, State of California, hereby certify that the foregoing Ordinance was adopted by the City Council of the City of Vacaville at a regular meeting held on July 10, 2012.

Item 12.c
F!LED
RESOLUTION NO. 2012-070
12 JUL t7 AM 10: 3 a
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VAC/fM~~~JD GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE .HELD IN CON".JiJf;/CT10N WITH THE STATEWIDE ELECTioN· ON TUESDAY, NOVE!Wt~rt:i,-20---..12..,..;-

SETTING THE DEADLINE FOR THE FILING OF ARGUMENTS AND REBUTTAL

ARGUMENTS AND DIRECTING IMPARTIAL ANALYSIS FOR ALL BALLOT MEASURES RELATED TO SAID ELECTION; REQUE$TING THE SOLANO COUNTY BOARD OF SUPERVISORS TO c'ONSOLJDATE SAID GENERAL MUNICIPAL ELECTION AND PROVIDE CERTAIN SERVICES OF THE REGISTRAR OF VOTERS; AND ESTABLISHING

REGULATIONS FOR CANDIDATE STATEMENTS ON THE SAMPLE BALLOT, AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNfA RELATING TO.GENERAL LAW CITIES . .

WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be on Tuesday, November 6, 2012 for the election of Municipal Officers; and
WHEREAS, the City Council desires to submit to the voters at the election a question relating to an excise tax for the availability and privilege of use of general municipal services and facilities; and
WHEREAS, the City Council also desires to submit to the voters at the election a question relating to a transactions and use tax lo be administered by the State Board of Equalization; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the statewide General Election to be held on the same date, and that within the City, the precincts, polling places and election officers of the two elections be the sam~, and that the Registrar of Voters of the County of Solano canvass the returns of the General Municipai Election and that !he election be held in all respects as if there were only one election; and WHEREAS, the Elections Code of the State of California ("Elections Code") provides that the City Council may adopt regulations pertaining to materials prepared by any candidate for a municipal election, incluoing costs of the ca11didate statement; and WHEREAS, the Elections Code authorizes the City Council to request an impartial analysis of any ballot measure lo be submitted to the voters; and WHEREAS, the Elections Code requires the City Clerk to determine the deadline for submission of primary arguments for ballot measures submitted at municipal elections; and WHEREAS the Elections Code further sets forth procedures for the filing of rebuttal arguments for ballot measures submitted at municipal elections including setting the deadline for 1 O days after the final filing date for primary arguments;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VACAVILLE CALIFORNIA, DOES RESOLVE AND ORDER AS FOLLOWS:

SECTION 1. That. pursuant to the requirements of the laws of the State of California ._/ relating to general law cities, 1here is called and ordered to be held in the City of Vacaville, Item 12.c
California, on Tuesday, November 6, 2012, a General Municipal Election for the purpose of electing two members of the City Council, one City Treasurer·and one City Clerk-for the full term of four years.

SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the_ voters ·at th.e General Municipal Election the following question(s} to appear on the ballot as follows:
"Measure to Extend Existing City of Vacaville
Funding With No Tax Rate Increase. In order to
continue funding for essential City services, such as
libraries, streef/park maintenance, public safety., the Performing Arts Center, and local programs for
persons of all ages, including seniors and at-risk youth, shall City of Vacaville Ordinance No. 1843 be
approved.to continue the existing excise tax for twentyfive years without increasing current tax rates and with all funds staying locally with the City of Vacaville?"
· "Measure to Protect Essential City of Vacaville
Services. In order to protect essential City services
from further reductions such as police programs to fight domestic violence, child/elder abuse, gang activity and neighborhood crime; fire/paramedic serv_ices for quick
emergenc:;y response times; street fighting for safety; and other services, shall City of Vacaville Ordinance
1844 be approved to enact a quarter-cent transactions
and use (sales) tax for five years, wi1h all funds staying· locally with the City of Vacaville?
Yes
I----!
No
Yes
No
SECTION 3. Thal the proposed complete text of the measures (Ordinance Nos. 1844 and 1845) ~ubmitted to the voters are attached as Exhibit A and Exhibit B.

SECTION 4. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. · SECTION 5. That the City Clerk is authorized, instructed and directed coordinate with the County of Solano Registrar of Voters lo procure all official notices and printed matter necessary to properly and lawfully conduct the election.

SECTION 6. That the ballots to be used at the election shall be in the form and content as required by law. ·
SECTION 7. That the polls for the election shall be open at 7:00 a.m. of the day of the . .- election and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be closed, except as provided in Section 144_01 of the Elections Code of the State of Calif omia. · · · · ·
Item 12.c
the polls shall be closed, except.as provided in Section 14401 of the Elections Code of the State of California.

SECTION 8. That notice of time and .place qf holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 9. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supeivisors of the County of Solano is hereby requested to consent and agree to the consolidation of the General Municipal Election with the General Statewide Election on Tuesday, November 6; 2012, for the purpose of the election of two members of the City Council, one City Treasurer, and one City Clerk, as well. as submission of questions to the voters as outlined in Section 2.

SECTION 10. That the Board of Supeivisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.

SECTION 11. That the County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there is only one erection, and only one form of ballot shall be used.

SECTION 12. That the City Councfl authorizes the Cily Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

SECTION 13. That pursuant to Section 13307 of the Elections Code, each candidate for elective office to be voted for at the General Municipal Election on November 6, 2012, may submit with the nomination papers a State of Qualifications of the candidate of no more than 200 words which statement will be printed and mailed out with the sample ballot.

SECTION 14. The candidate shall be required to pay for the cost of printing the candidate's statement in the voters' pamphlet. The City Clerk shall require each candidate filing a statement to pay, at the time his/her nomination papers are filed, the pro rata share of $1,112.62 for a statement printed in English and an additional $1,115.62 for a statement printed in Spanish. The candidate shall be refunded any overage or billed for any additional costs within 30 days following notification by the Solano County Registrar of Voters of the exact cost.

SECTION 15. The City Clerk is directed to transmit to the City Attorney a copy of Ordinance No. 1844 and Ordinance No. 1845 and the City Attorney is directed to prepare an impartial analysis thereof consistent with applicable law by August 10, 2012.

SECTION 16. The deadline for ballot arguments for or against the ballot measure, not to exceed 300 words in length, to be submitted to the City Clerk in accordance with Elections Code Section 9282 is hereby established as August 10, 2012. If more than one argument is submitted on a measure, the City Clerk shall select the argument and shall give preference in the order named, to arguments in accordance with Election Code 9287.

SECTION 17. In accordance with Election Code Section 9285, the City Clerk, upon receipt' of arguments and after the filing deadline,. will immediately transmit copies to any ~nown .,---: ••••• 's r. ~~:·<•: ... ;.:. ..':_ .

Item 12.c
'-----'
opposing parties who may then submit rebuttal arguments, not to exceed 250 words, by August 20, 2012.

SECTION 18. All previous resolutions providing for the filing of rebuttal arguments for City measures, if any, are repealed.

SECTION 19. That this resolution shall apply only to the election to be held on Tuesday, November 6, 2012.

SECTION 20. That the City Clerk is hereby directed to file a certified copy of this resolution with. the Board of Supervisors and the county election department of the County of Solano.

SECTION 21. That the City Clerk shall certify to the passage and adoption of this Resolution.

I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a meeting of the City Council of the City of Vacavill~. held on the 10th day of July, 2012, by the following. vote: . · . . . . .

AYES:

NOES:

ABSENT:

ATTEST:

Council members Harris, Hunt, Mashburn. Vice-Mayor-Rowl_ett and Mayor Hardy None
None
By: t~ 11~~ar~brUiiJ1c~rJtJlilr9'--'
Item 12.c
I, Michelle A. Thornbrugh, City Clerk of the City of Vacaville, County of Solano, State of California, hereby certify that the foregoing Ordinance was adopted by the City Council of the City of Vacaville at a regular. meeting held on July 10, 2012.

Item 12.c

MEASURE I

MEASURE TO EXTEND EXISTING CITY OF VACAVILLE
FUNDING WITH NO TAX RATE INCREASE.

City Of Vacaville
In order to continue funding for essential City
services, such as libraries, street/park maintenance, YES public safety, the Performing Arts Center, and local
programs for persons of all ages, including seniors
and at-risk youth, shall City of Vacaville Ordinance
No. 1843 be approved to continue the existing excise
tax for twenty-five years without increasing current tax NO rates and with all funds staying locally with the City of Vacaville?

CITY ATTORNEY'S IMPARTIAL ANALYSIS OF MEASURE I
Background
In 1988, the voters of the City of Vacaville approved an excise tax for the purpose of funding general municipal services and facilities provided to persons living and working in Vacaville. The tax, commonly referred to as "Measure I", generates approximately $2.4 million per year, which is deposited into the City's General Fund and used to provide a variety of City services and facilities , such as street repair, park maintenance, recreation programs, public parks, sports fields, roadway improvements, the McBride Senior Center, the Walter V. Graham Aquatics Center, the Ulatis Community Center, the Vacaville Performing Arts Theater, funding for local libraries, and other services and facilities that promote the public health, safety, and welfare of persons living and working in Vacaville. The excise tax is due to expire in December 2013.

As a result of the current statewide economic downturn and resulting decrease in sales and property tax revenues and the elimination of redevelopment agencies by the State of California, the City has experienced a reduction in revenue, which has required the City to reduce its work force by approximately twentyfive percent (25%), decrease employees salaries and benefits, and curtail expenditures on equipment, supplies, and services, resulting in a reduction of City services and facilities provided to persons living and working in Vacaville. Despite these reductions in expenditures, the City's general fund is projected to have a deficit of $1.5 million in fiscal year 2013/2014 and $2.7 million in fiscal year 2014/2015. The deficit is projected to continue beyond fiscal year 2014/2015. The tax will help to avoid further reductions in municipal services and facilities.

The Measure
This Measure proposes to continue the tax at the same rate structure for an additional twenty-five year term (the same term as the existing Measure I). The rate structure cannot be increased without a vote of the people. The manner of collection will not change.

Use of Proceeds
Like existing Measure I; the tax is a local, general tax, not a special tax, which will be used to fund general City services and facilities, as described above. Its revenue stays with the City and may not be taken or used by any other governmental agency, such as the state or federal government. Its revenue will fund City services and facilities only.

Fiscal Impact
The proposed general tax will continue the existing tax at the same rates.

A "yes" vote is a vote to continue the tax for an additional twentyfive years. A "no" vote is a vote against the tax. This Measure requires a simple majority of "yes" votes to become effective. s/ Gerald L. Hobrecht, City Attorney
The above statement is an impartial analysis of Measure I. If you desire a copy of the Measure, please call the City Clerk's Office at 707-449-5100 and a copy will be mailed to you at no cost.

Solano 48 I 32
Item 12.c

MEASURE I
ORDINANCE NO. 1843

ORDINANCE PROPOSING THE IMPOSITION OF AN EXCISE TAX

FOR THE AVAILABILITY AND PRIVILEGE OF USE OF GENERAL MUNICIPAL

SERVICES AND FACILITIES AND ORDERING THE SUBMISSION OF A

PROPOSITION THEREFOR TO THE ELECTORATE OF THE CITY
WHEREAS, on November 8, 1988, the voters of the City of Vacaville ("City") approved an excise tax for the purpose of funding general municipal services and facilities provided to persons living and working in Vacaville; and WHEREAS, such services and facilities include, but are not limited to, police and fire protection, gang suppression, ambulance service, street repair, park maintenance, recreation programs, public parks, sports fields, roadway improvements,he McBride Senior Center, the Walter V. Graham Aquatics Center, the Ulatis Community Center, the Vacaville Performing Arts Theater, funding for localibraries and other services and facilities that promote and preserve the public health, safety, and welfare of persons living and working in Vacaville; and WHEREAS, the City depends upon the excise tax, commonly referred to as "Measure I", as a source of funding for the provision and maintenance of such services and facilities; and
WHEREAS, Measure I annually generates about $2.3 million in tax revenues, which are deposited into the City's general fund to fund general municipal services and facillties; and
WHEREAS, as a result of the current statewideconomic downturn and resulting impacts to sales and property taxes and the State of California's action to eliminate redevelopment agencies, the City has experienced a substantial reduction in revenue, which has required the City to decrease employee salaries and benefits, reduce its work force by twenty-five percent (25%), and curtail expenditures on equipment, supplies, and services, resulting in a reduction of municipal services and facilities provided to persons living and working in Vacaville; and WHEREAS, despite these reductions in expenditures, the City's general fund is projected to have a deficit of $1.4 million in fiscal year 2012/2013, which increases to $3.6 million in fiscal year 2014/2015; and WHEREAS, the structural deficit in the City's general fund is projected to continue beyond fiscal year 2014/2015; and WHEREAS, Measure I is due to expire in December 2013; and WHEREAS, in order to provide and maintain general municipal services and facilities, the Measure I excise tax must be maintained as a funding source for such services and facilities; and
WHEREAS, this Ordinance will continue and maintain the current rates under Measure I and does not authorize an increase in those rates without a vote of the people; and
WHEREAS, the revenues generated by this Ordinance will be used to provide and maintain general municipal services and facilities of the City; and
WHEREAS, Government Code Section 53724 authorizes the Council to propose ageneral tax; and WHEREAS, Elections Code Section 9222 authorizes the City Council to submit an ordinance to the voters for their consideration and approval.

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

ARTICLE 1

DEFINITIONS AND RULES OF CONSTRUCTION
Section 1.01. Definitions. Unless the context otherwise requires, the terms defined in this Section for all purposes of this Ordinance and of any amendment thereto shall have the meanings herein specified. "City" means the City of Vacaville.
"Councir means the City Council of the City of Vacaville. "Month" means a calendar month.
"Person" includes any person, firm, association, organization, partnership, business trust, corporation or company, but does not include any municipal or public corporation.
"Operator" means a person required to collect and remit a tax imposed by this Ordinance against persons in category (d) of Section 2.02. "Single-family residential unit" includes condominium unit.

Solano 48 I 34
Item 12.c
Section 2.03. Methods of Collection. The Tax constitutes a debt owed by the persons identified in Section 2.02 to the City, which is extinguished only by payment of the amount of the Tax in the manner herein provided.

As to persons in category (a) of Section 2.02, the Tax shall be added to and collected together with and not separately from and at · the same time and in the same manner and subjecto the same penalties for nonpayment as the charges for water and sewer service rendered by the City to occupied residential property; provided, that neither the water nor sewer service shall be discontinued because of nonpayment of the Tax.

As to persons in categories (b) and (c) of Section 2.02, the Tax shall either: (i) be added to and collected together with and not separately from and at the same times and in the same manner and subject to the same penalties for nonpayment as the City's business license tax, or (ii) collected by direct, periodic billing.

As to persons in category (d) of Section 2.02, the Tax shall be added to and collected together with and not separately from and at the same times and in the same manner and by the same persons as the City's transient occupancy tax.

The City may modify or amend the methods of collection herein set forth to clarify any ambiguity or uncertainty therein or to render the collection of the Tax more effective or to minimize or ameliorate inequities or to provide a more efficient method of collectionow or hereafter provided by law.

Any Tax required to be paid by a person referred to in category (d) of Section 2.02 which has been collected by an Operator but which has not been remitted to the Tax Administrator shall be deemed a debt owed to the City by the Operator. Any person owing money to the City under the provisions of this Ordinance shall be liable to an action brought in the name of the City for the recovery of such amount plus the City's cost of recovery including, but not limited to, fees for attorneys and expert witnesses.

ARTICLE3

ADMINISTRATIVE PROVISIONS
Section 3.01. Rules and Regulations. The Tax Administrator shall have power to adopt rules and regulations not inconsistent with the provisions of this Ordinance for the purpose of carrying out and enforcing the payment, collection and remittance of the Tax herein imposed; and a copy of such rules and regulations shall be on file and available for public examination ithe Tax Administrator's office. Failure or refusal to comply with any rules and regulations promulgated under this Ordinance shall be deemed a violation thereof.

Section 3.02. Exemption. Nothing in this Ordinance shall be construed as imposing atax upon any person if imposition of such tax upon that person would be in violation of the Constitution of the United States of the Constitution of the State of California.

Section 3.03. Reporting and Remitting. Each Operator shall, on or before the last day of each month, make a return to the Tax Administrator, on forms provided by the Tax Administrator, stating the amount of tax collected by the Operator during the preceding month. At the time the return is filed, the full amount of the tax collected shall be remitted to the Tax Administrator. The Tax Administrator is authorized to require such further information as the Tax Administrator deems necessary to properly determine ifthe tax imposed by this Ordinance is being levied and collected in accordance with this Ordinance. Returns and remittances are due immediately upon cessation of business for any reason.

Section 3.04. Assessment; Administrative Remedy. The Tax Administrator may make an assessment for taxes not paid or remitted by a person required to pay or remit. The Tax Administrator shall prepare a notice of the assessment and of a public hearing thereon, which shall refer briefly to the amount of the taxes and penalties imposed and the time and place where such assessment ispayable and of the public hearing that shall be submitted to the Council for confirmation or modification. The Tax Administrator shall mail a copy of such notice to the person taxed (and to the Operator ifthe tax is payable by a person described in category (d) of Section 2.02) at leasten (10) days prior to the date of the hearing and shall post such notice for at least five (5) continuous days prior to the date of the hearing on the official bulletin board of the City where Council meeting notices are posted. Any interested party having any objections may appear and be heard at the hearing, provided the objection is filed in writing with the Tax Administrator prior to the time set for the hearing. At the time fixed for the hearing and for considering said assessment, the Council shall hear the same together with any objection filed as aforesaid. The Council may thereupon confirm or modify said assessment by motion of the Council. The assessment authorized under this Section is not a lien on real property nor shall it be enforced through alien on real property.

Solano 48 I 36
Item 12.c
Section 5.06. County Registrar of Voters' Services. The Board of Supervisors of Solano County is hereby requested to permithe County Registrar of Voters to provide such services as may be necessary to properly and lawfully hold and conduct a municipal election in the City on November 6, 2012, including, but not limited to, consolidation ofprecincts; recruitment and appointment ofelection officers; establishment , of polling places; preparing and mailing notices of appointment; printing sample ballots, sample ballot envelopes, ballot measures, polling place cards, ballot arguments and mailing to registered voters; the providing and printing of official ballots and polling cards; purchase election supplies, including precinct and absent voter supplies, voting booths and flags; provide for absentee voting at the Office of Registrar of Voters, Election Division; cartage of voting booths, ballots, ballot boxes and precinct supplies to precincts; supervision and conduct of election; provide registration lists and any other materials and services that may be requested from time to time by the City Clerk or required to lawfully conduct the election in accordance with the California Elections Code.

Section 5.07. Canvass of Returns. The County Registrar of Voters is hereby authorized to tabulate votes and canvass the returns of the municipal election, which shall be held in all respects as if there were only one election. Only one form of ballot shall be used and the returns of the election need not be canvassed by the Council. The canvasshall be made in accordance with the provisions of Division 15 (commencing with Section 15000) of the California Elections Code. The County Clerk shall declare the results of the canvass of the returns of the municipal election, based on the certified statement of results submitted by the County Registrar of Voters.

Section 5.08. Reimbursement. The City shall reimburse the County of Solano for services performed pursuant to this Ordinance upon presentation ofa bill to the City.

Section 5.09. Voting Qualifications. All persons qualified to vote at general municipal elections in the City upon the date of the election herein provided for shall be qualified to vote upon the proposition submitted at said election.

Section 5.10. Ballots. Ballots for the election shall be provided in the form and in the number provided by law. On said ballots, in addition to any other printed matter which may be required by law, two voting squares shall be set off to the right of the proposition submitted at the election, in the manner provided by law, one having the word "YES" printed before it, and the other having the word "NO" printed before it.

Section 5.11. Method of Voting. Each voter to vote for the proposition shall stamp or write a cross, or indicate by hole punch or other means, in the blank space opposite the word "YES" on the balloto the right of the proposition; and each voter to vote against the proposition shall stamp or write a cross, or indicate by hole punch or other means, in the blank space opposite the word "NO" on the balloto the right of the proposition.

Section 5.12. Compliance with Law. In all particulars not recited in this Ordinance, the election shall be held and conducted as provided by law tor holding municipal elections.

Section 5.13. City Clerk. The notice of the time and place of holding the election is given and the City Clerk is directed to give further or additional notice of the election in the time, form and manner as required by law. The City Clerk is hereby directed to file with the Board of Supervisors of Solano County and the County Registrar of Voters a certified copy of this Ordinance and to take all other actions necessary to effectuate the directives of this Ordinance including, but not limited to, revising the language of the proposition set forth in Section 5.02 to ensure that it complies with law. The City Clerk is directed to transmit to the City Attorney a copy of this Ordinance and the City Attorney is directed to prepare an impartial analysis thereof consistent with applicable law.

ARTICLE 6

PUBLICATION AND EFFECTIVE DATE
Section 6.01. Publication. This ordinance shall be published in accordance with the provisions of Government Code Section 36933.

The City Clerk is hereby authorized and directed to make such publication.

I HEREBY CERTIFY that this Ordinance was INTRODUCED at a regular meeting of the City Council of the City of Vacaville, held on the 26th day of June, 2012, and ADOPTED AND PASSED at a regular meeting of the City Council of the City of Vacaville, held on the 10th day of July, 2012, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:

By:

Date:

Council members Harris, Hunt, Mashburn, Vice-Mayor Rowlett and Mayor Hardy None
None
APPROVED:

Michelle A. Thornbrugh, City Clerk Stephen M. Hardy, Mayor Solano 48 I 38
Item 12.c
\
Item 12.c
ORo1NANCE No.1a44 r 2 JUL 17 AH ro= 38
ORDINANCE IMPOSING A TRANSACTIYONS tN~dJ~til&SLNlY
TO BE ADMINISTERED B TH""HEGISTRAR OF VOTERS
STATE BOARD OF EQUALIZATION Deoutv C1~1k __ · __
Section 1. TITLE. This ordinance shall be known as the City of Vacaville Transactions and Use Tax Ordinance. The City of Vacaville hereinafter shall be called "City." This ordinance shall be applicable in the incorporated territory of the City.

Section 2. OPERATIVE DATE. "Operative date" means the first day of the first calendar quarter commencing more than 11 O days after the adoption of this ordinance, the date of such adoption being as set forth below.

Section 3. PURPOSE. This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted In order to accomplish those purposes:

A. To impose a retail transactions and use tax In accordance with the provisions of Part 1.6 {commencing with Section 7251) of Division 2 of the Revenue an·d Taxation Code and Section 7285.9 of Part 1. 7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.

B. To adopt a retafl transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Ta.x Law of the State of California insofar as those· provisions are not inconsistent with the requirements and limitations· contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions and use tax ordinance that .imposes a tax and provides a measure therefore that can be administered and collected by. the State Board of 'Equalization In ·a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes.

D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and ·at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance.

Section 4. CONTRACT WITH STATE. Prior to the operative date, the City shall contract with the State Board of Equalization to perfonn all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted· with the State Board of Equalization prior to the operative date, It shall nevertheless so contract and In such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

Section 5. TRANSACTIONS TAX RATE. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of percent (0.25%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance.

Section 6. PLACE OF SALE. For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery _____,,. to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which Item 12.c
-----
delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization.

Section 7. USE TAX RATE. An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of percent (0.25%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.

Section 8. ADOPTION OF PROVISIONS OF STATE LAW. Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.

Section 9. LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF USE TAXES. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxa1ion Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefore. However, the substitution shall not be made when:

1. The word "State" ls used as a part of the title of the State Controller, State Treasurer, State Board of Control~ State Board of Equalization, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this Ordinance.

3. In those sections. including, but not necessarily limited to sections referring lo the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible persona! property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or, b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.
· 4. In Sections 6701, 6702 ( except in .the last sentence thereof}, 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.

Section 1 0. PERMIT NOT REQUIRED. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance.

Section i 1. EXEMPTIONS AND EXCLUSIONS.

A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Bums Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.

8. There are exempted from the computation of the amount of transactions tax the gross receipts from:
_ 1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sate·is made Item 12.c
and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by ___,, delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 {commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior lo the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:

1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance. __, 2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government.

This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of Calif omia.

3. If the purchaser Is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease· prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided In subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, Including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.

7. "A retailer engaged in business in the City" shall also include any retailer of any of . the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) ~ of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Item 12.c
Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.

D. Any person subject to use .tax under this ordinance may credit against that tax any __, transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.

Section 12. USE OF TAX PROCEEDS. The tax imposed hereunder is a general tax, the proceeds of which shall be deposited into the City's general fund and expended for any lawful purpose of the City.

Section 13. AMENDMENTS. All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1. 7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance.

Section 14. ENJOINING COLLECTION FORBIDDEN. No injunction or writ of mandate or other legal or equiiable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

Section 15. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

Section 16. EFFECTIVE DATE. This ordinance relates to the levying and collecting of the City transactions and use taxes and shall take effect immediately upon approval of the voters.

Section 17. TERMINATION DATE. The authority to levy the tax Imposed by this ordinance shall expire five (5) years after the date the tax is first collecte.d.

Section 18. PROTECTION OF FUNDING. Current law forbids any decrease in State or federal funding to the City because of City's adoption of a transactions and use tax. However, if such funding is reduced as a result of the adoption of this transactions and use tax, then the amount of the tax will be requced annually as necessary in order to restore such State or federal funding. Consequently, whether directly or indirectly, no proceeds derived from this may be taken away by the State or federal governments.

Section 19. ELECTION.

A. Call of Election. A municipal election is hereby called and ordered to be held in the City on Tuesday, November 6, 2012, at which election there shall be submitted to the qualified voters· of the City the proposition set forth below.

B. Proposition. The proposition shall appear on the ballot for said municipal election in the following form:
"Measure to Protect Essential City of Vacaville Services. In order to protect essential City services from further reductions such as police programs to fight domestic violence, child/elder abuse, gang activity and neighborhood crime; fire/paramedic services for quick emergency response times; street lighting for safety; and other services, shall City of Item 12.c
Vacaville Ordinance No. 1844 be approved to enact a quarter-cent transactions and use (sales} 1ax for five years, with all funds staying locally with the City of Vacaville?" The Council does hereby submit to the qualified voters of the City, at said municipal election, this Ordinance and the proposition set forth above. . c. Submission; Intent. The Council does hereby submit to the qualified voters of the City, at said municipal election, this Ordinance and the proposition set forth in Section 18 hereof. The City intends to levy the transactions and use tax for the objects and purposes set forth above if a majority of all qualified voters voting on the proposition set forth above vote in favor thereof.

D. Polls Open. The polls for said election shall be opened at seven o'clock AM. of the day of said election and shall remain open continuously from said time until eight o'clock P.M. of the same day, when said polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California.

E. Consolidation With Statewide General Election. The municipal election hereby called for the date hereinbefore specified shall be, and is hereby, ordered consolidated with the statewide general election to be held within the City on said date, and within the territory affected by the consolidation, the election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted and returned, returns canvassed, results declared, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the statewide general election and specified herein. The Board of Supervisors of Solano County is hereby requested to order the consolidation of the municipal election hereby called with said statewide general election, and the Board of Supervisors of the County of Solano is hereby authorized to canvass the returns of said municipal election, and said election shall be held in all respects as if there were only one election and only one form of ballot shall be used. Said Board of Supervisors shall certify !he results of the canvass of the returns of said municipal election to the Council, which shall thereafter declare the results thereof. The measure submitted by this Ordinance shall be designated on the ballot by a letter printed on the left margin of the square containing the description of the measure, as provided in Section 13116 of the Elections Code of the State of California.

F. County Registrar of Voters' Services. The Board of Supervisors of Salano County is hereby requested to permit the County Registrar of Voters ta provide such services as may be necessary to properly and lawfully hold and conduct a municipal election in the City on November 6, 2012, including, but not limited to, consolidation of precincts; recruitment and appointment of election officers; establishment of polling places; preparing and mailing notices of appointment; printing sample ballots, sample ballot envelopes, ballot measures, polling place cards, ballot arguments and mailing to registered voters; the providing and printing of official ballots and polling cards; purchase election supplies, including precinct and absent voter supplies, voting booths and flags; provide for absentee voting at the Office of Registrar of Voters, Election rnvislon; cartage of voting booths, ballots, ballot boxes and precinct supplies to precincts; supervision and conduct of election; provide registration lists and any other materials and services that may be requested from time to time by the City Clerk or required to lawfully conduct the election in accordance with the California Elections Code.

G. Canvass of Returns. The County Registrar of Voters is hereby authorized to tabulate votes and canvass the returns of the municipal election, which shall be held in all respects as if there were only one election. Only one fonn of ballot shall be used and the returns .of the election need not be canvassed by the Council. The canvass shall be made in accordance with the provisions of Division 15 (commencing with Section 15000) of the California Elections Code. The County Clerk shall declare the results of the canvass of the returns of the municipal election, based on the certified statement of results submitted by the County Registrar of Voters.

H. Reimbursemenl The City shall reimburse the County of Solano for services perfonned pursuant to this Ordinance upon presentation of a bill to the City.

Item 12.c
J. Ballots. Ballots for the election shall be provided in the form and in the number provided by law. On said ballots, in addition to any other printed matter which may be required by law, two voting squares shall be set off to the right of the proposition submitted at the election, in the manner provided by law, one having the word "YESn printed before it, and the other having the word "NO" printed before it.

K. Method of Voting. Each voter to vote for the proposition shall stamp or write a cross, or indicate by hole punch or other means, in the blank space opposite the word "YES" on the ballot to the right of the proposition; and each voter to vote against the proposition shall stamp or write a cross, or indicate by hole punch or other means, in the blank space opposite the word "NO" on the ballot to the right of the proposition.

L. Compliance with Law. In all particulars not recited in this Ordinance, the election shall be held and conducted as provided by law for holding municipal elections.

M. City Clerk. The notice of the time and place of holding the election ls given and the City Clerk is directed to give further or additional notice of the election in the time, form and manner as required by law. The Clty Clerk is hereby directed to file with the Board of Supervisors of Solano County and the County Registrar of Voters a certified copy of this Ordinance and to take all other actions necessary to effectuate the directives of this Ordinance including, but not limited to, revising the language of the proposition set forth in Section 19.A to ensure that it complies with law. The City Clerk is directed to transmit to the City Attorney a copy of this Ordinance and the City Attorney is directed to prepare an impartial analysis thereof consistent with applicable law.

AYES:

NOES:

ABSENT:

ATTEST:

Council members Harris, Hunt, Mashburn, Vice-Mayor Rowlett and Mayor Hardy None
None
By: 1-e--1:-w~~~JL.L,...,,.L-~--M-,.f,.!.l.l,.J...1..:..~~e-Ac.

Date: ----:)7: Io· I 5, d,0\ a....

Item 12.c
I, Michelle A. Thornbrugh, City Clerk of the Oty of Vacaville, County of Solano, State of California, hereby certify that the foregoing Ordinance was adopted by the City Council of the City of Vacaville at a regular meeting held on July 10, 2012.
~- lchelle e1q1
A.
1 Thornbrugh,
"-A.::11
City
en
Clerk
nka, ~
Item 12.c
FlLED
RESOLUTION NO. 2012-070
12 JUL 17 AM IQ: 38
RESOLUTION OF THE CITY COUNCIL OF THE CJTY OF VAC~~.!;t{l~iHWAf.\JD GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN CON':JDf;/cTJON WITH THE STATEWIDE ELECTiON.ON TUESDAY, NOV~'MBERJl5,-2012;

SETTING THE DEADLINE FOR THE FILING OF ARGUMENTS AND REBUTTAL

ARGUMENTS AND DIRECTING IMPARTIAL ANALYSIS FOR ALL BALLOT MEASURES RELATED TO SAID E~ECTION; REQUE$TING THE SOLANO COUNTY BOARD OF SUPERVISORS TO c·oNSOLIDATE SAID GENERAL MUNICIPAL ELECTION AND PROVIDE CERTAIN SERVICES OF THE REGISTRAR OF VOTERS; AND ESTABLISHING

REGULATIONS FOR CANDIDATE STATEMENTS ON THE SAMPLE BALLOT, AS

REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO .GENERAL LAW CITIES ..

WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be on Tuesday, November 6, 20'12 for the election of Municipal Officers; and
WHEREAS, the City Council desires to submit to the voters at the election a question relating to an excise tax for the availability and privilege of use of general municipal services and facilities; and
WHEREAS, the City Council also desires to submit to the voters at the election a question relating to a transactions and use tax to be administered by the State Board of .

Equalization; and
WHEREAS, it is desirable that the General Municipal Election be consolidated wiih the statewide General Election to be held on the same date, and that within the City, the precincts, polling places and election officers of the two elections be the same, and that the Registrar of Voters of the County of Solano canvass the returns of the General Municipai Election and that the erec1ion be held in all respects as if there were only one election; and WHEREAS, the Elections Code of the -State of California ("Elections Code") provides that the City Council may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the ca~didate statement; and WHEREAS, the Elections Code authorizes the City Council to request an impartial analysis of any ballot measure to be submitted to the voters; and WHEREAS, the Elections Code requires the City Clerk to determine the deadline for submission of primary arguments for ballot measures submitted at municipal elections; and WHEREAS the Elections Code further sets forth procedures for the filing of rebuttal arguments for ballot measures submitted at municipal elections including setting the deadline for 10 days after th·e final filing date for primary arguments;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VACAVILLE CALIFORNIA, DOES RESOLVE AND ORDER AS FOLLOWS:

SECTION 1. That, pursuant to the requirements of the laws of the Stale of California --✓ relating to general law cities, there is called and ordered to be held in the City of Vacaville, Item 12.c
California, on Tuesday, November 6, 2012, a General Municipal Election for the purpose of electing two members of the City Council, one City Treasurer and one City Clerk for the full term of four years.

SECTION 2. Th.at the City Council, pursuant to its right and authority, does order submitted tc:i the voters at the General Municipal Election the following question(s} to appear on . . the ballot as follows:
"Measure to Extend Existing City of Vacaville
Funding With No Tax Rate Increase. In order to
continue funding for essent\al City services, such as
libraries, street/park maintenance, public safety, the
Perfonning Arts Center, and local programs for
persons of all ages, including seniors and at-risk youth, shall Ci_ty of Vacaville Ordinance No. 1843 be
approved· to con1inue the existing excise tax for twentyfive years without increasing current tax rates and with all funds• staying locally with the City of Vacaville?" · "Measure to Protect Essential City of VacavilJe
Services. In order to protect essential City services
from further reductions such as police programs to fight domestic violence, child/elder abuse, gang activity and neighborhood crime; fire/paramedic serv_ices for quick
emergen~y response times; street lighting for safety;
and other services, shall City of Vacaville Ordinance
1844 be approved lo enact a quarter-cent transactions
and use (sales) tax for five years, with all funds staying· locally with the City of Vacaville?
Yes
1-----i
No
Yes
No
SECTION 3. That the proposed complete text of the measures (Ordinance Nos. 1844 and i 845) submitted to the voters are attached as Exhibit A and Exhibit B.

SECTION 6. That the ballots to be used at the election shall be in the fonn and content as required by law. ·
SECTION 7. That th~ polls for the election shall be open at 7:00 a.m. of the day of the .. · election and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. · · · · ·
Item 12.c
the polls shall be closed, except.as provided in Section 14401 of the Elections Code of the State of California.

SECTION 8. That notice of time and.place qf holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of .the election, in time, form and manner as required by law.

SECTION 9. That pursuant to the requirements of Section 10403 of !he Elections Code, the Board of Supervisors of the County of Solano is hereby requested to consent and agree to the consolidation of the General Municipal Election with the General Statewide Election on Tuesday, November 6; 2012, for the purpose of the election of two members of the Crty Council, one City Treasurer, and one City Clerk, as well. as submission of questions to the voters as outlined in Section 2.

SECTION 10. That the Board of Supe'rvisors is requested to issue instructions to ihe Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.

SECTION 11. That the County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there is only one election, and only one form of ballot shall be used.

SECTION 12. That the City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

SECTION 14. The candidate shall be required to pay for the cost of printing the candidate's statement in the voters' pamphlet. The City Clerk shall require each candidate filing a statement to pay, at the time his/her nomination papers are filed, the pro rala share of $1,112.62 for a statement printed in English and an additional $1,115.62 for a statement printed in Spanish. The candidate shall be refunded any overage or billed for any additional costs within 30 days following notification by the Solano County Registrar of Voters of the exact cost.

SECTION 15. The City Clerk is· directed to transmit to the City Attorney a copy of Ordinance No. 1844 and Ordinance No. 1845 and the City Attorney is directed to prepare an impartial analysis thereof consistent with applicable Jaw by August 1 O, 2012.

SECTION 16. The deadline for ballot arguments for or against the ballot measure, not to exceed 300 words in length, to be submitted to the City Clerk in accordance with Elections Code Section 9282 is hereby established as August 10, 2012. If more than one argument is submitted on a measure, the City Clerk shaU select the argument and shall give preference in the order named, to arguments in accordance with Election Code 9287.

SECTION 17. In accordance with Election Code Section 9285, the City Clerk, upon receipf of arguments and after the filing deadline,:will immediately transmit copies to any ~nown ,•:i\. -:·· ·. r. )·:···_·:··.,·: .:. .

Item 12.c
opposing parties who may then submit rebuttal arguments, not to exceed 250 words, by August 20, 2012.

SECTION 18. All previous resolutions providing for the filing of rebuttal arguments for City measures, if any, are repealed.

SECTION 19. That this resolution shall apply only to the election to be held on Tuesday, November 6, 2012.

SECTION 20. That the City Clerk is hereby directed to file a certified copy of this resolution with. the Board of Supervisors and the county election department of the County of Solano.

SECTION 21. That the City Clerk shall certify to the passage and adoption of this Resolution.

I HER EBY CERTIFY that the foregoing resolution was introduced and passed at a meeting of the City Council of the City of Vacavill£::, held on the 101h· day of July, 2012, by the following. vote: . . . . .

AYES:

NOES:

ABSENT:

ATTEST:

Council members Harris, Hunt, Mashburn, Vice-Mayor-Rowl_ett and Mayor Hardy None
None
By: t~ l~ ;{t,~brU~c~;i/bJ 4 ~
Item 12.c
I, Michelle A. Thornbrugh, City Clerk of the City of Vacaville, County of Solano, State of California, hereby certify that the foregoing Ordinance was adopted by the City Council of the City of Vacaville at a regular. meeting held on July 10, 2012.

Item 12.c

MEASURE M

MEASURE TO PROTECT ESSENTIAL
CITY OF VACAVILLE SERVICES.

City Of Vacaville
In order to protect essential City services from
further reductionsuch as police programs to fight YES
domestic violence, child/elder abuse, gang activity
and neighborhood crime; fire/paramedic services
for quick emergency response times; street lighting
for safety; and other services, shall City of Vacaville Ordinance No. 1844 be approved to enact a quartercent NO transactions and use (sales) tax for five years, with all funds staying locally with the City of Vacaville?

CITY ATTORNEY'S IMPARTIAL ANALYSIS OF MEASURE M
Background
As a result of the current statewide economic downturn and resulting decline in sales and property tax revenues and the elimination of redevelopment agencies by the State of California, the City of Vacaville has experienced areduction in revenue, which has required the City to reduce its work force by approximately twenty-five percent (25%), decrease employee salaries and benefits, and curtail expenditures on equipment, supplies, and services, resulting in a reduction of City services and facilities provided to persons living and working in Vacaville. Despite these reductions in expenditures, the City's general fund is projected to have a deficit of $1.5 million in fiscal year 2013/2014 and $2. 7 million in fiscal year 2014/2015. The deficit is projected to continue beyond fiscal year 2014/2015.

The Measure
The City Council of the City of Vacaville has placed this Measure on the ballot, asking voters to approve a temporary one-quarter cent transactions and use tax for a period of five years. The tax, commonly referred to as a "sales tax", would increase the current sales tax rate by a quarter of a cent, from 7.375% to 7.625% for five years.

With some exceptions, the sales tax is levied on the sale or use of tangible products purchased by residents and visitors to the City, such as clothing, household products, and other goods. The tax, however, is not levied on all sales, such as the sale of many grocery products.

Sales tax rates differ throughout California, generally ranging from

7.25% to 8.75%. Currently, the total existing tax on retail sales ~-in Vacaville is 7.375% of the purchase price. The City receives

0.75%% of the revenue generated by the sales tax, with the remainder going to the State (6.25%), Solano County (0.25%), and the Solano County Library (0.125%). This Measure would increase the City's share of the sales tax from 0.75% to 1 % for five years.

The additional tax is a local tax. Its revenue stays with the City and may not be taken or used by any other governmentalgency, such as the state or federal government. Should the state or federal government seek to take or use all or any portion of the tax, the Measure provides that the tax will be reduced or not collected in order to offset such taking or use.

Use of Proceeds
The Measure is a general tax, not a special tax. Therefore, the City may use the revenue for general municipal purposes such as police and fire protection, gang suppression, ambulance service, street repair, park maintenance, recreation programs, public parks, sports fields, roadway improvements, the McBride Senior Center, the Walter V. Graham Aquatics Center, the Ulatis Community Center, the Vacaville Performing Arts Theater, funding for local libraries, and other services and facilities that promote the public health, safety, and welfare of Vacaville residents.

Fiscal Impact
As noted, the Measure would levy an additional quarter-cent tax sales tax on certain retail sales for a period of five years to help avoid further reductions in City services and facilities.

A "yes" vote is a vote to approve the additional quarter-cent tax for five years. A "no" vote is a vote against the tax. This Measure requires a simple majority of "yes" votes to become effective. s/ Gerald L. Hobrecht, City Attorney
The above statement is an impartial analysis of Measure M. If you desire a copy of the Measure, please call the City Clerk's Office at 707-449-5100 and a copy will be mailed to you at no cost.

Solano 48 I 39
Item 12.c

ARGUMENT AGAINST MEASURE M REBUTTAL TO ARGUMENT AGAINST MEASURE M Don't increase our sales tax! Vote No! Measure M is unnecessary. The opponent simply has his facts wrong.

The problem is unrealistic pay scales and extravagant employee pensions. Before we explain why, let us present the facts related to this Vacaville has AGGRESSIVELY cut costs and employee issue.

Vacaville's annual budget is approximately $60 million of which 74% is for salaries, wages, and benefits. The hazard of high labor costs has been recognized by local government officials for years, but the absurd practice of cities comparing pay scales and competing to pay the highest continued. Vacaville discontinued that practice in recent years and has obtained some reduction of pay scales and some employee participation in benefits cost. Unfortunately this progress is far from complete.

1. Measure M will hurt Vacaville retailers. Local merchants already struggle to compete with Internet sellers who charge no sales tax. Measure M would raise our sales tax, costing local merchants even more business. Local stores provide jobs! They also pay property taxes, income taxes, and sales taxes to Vacaville. Internet sellers pay nothing to Vacaville! Why disadvantage local stores and possibly run them out of business?

2. Measure M will hurt Vacaville families on fixed and low incomes.

Sales taxes are not tiered. Low income families do not need higher prices.

3. Measure M is advertisedeceptively. Although pitched as a "temporary tax increase," Measure Ion this ballot proves there's no such thing. Measure I typically asks voters to extend another temporary tax that is due to expire. The politicians then say "you're already paying ~ it so it is not an increase."
Don't be fooled. If you increase Vacaville's sales tax today, you will not see it reduce later. You will see Vacaville businesses cut jobs or close their doors, while seniors and poor people are forced to pay more for everyday purchases. Demand reform instead! Vote No! s/ Solano County Taxpayers Association
Earl Heal, President
compensation
- Employee salary, benefit and pension reductions have cut city employee compensation by almost 20%
- Staffing levels are 25% lower than five years ago, including 31 positions cut from the Police Department ·
- Any additional cuts will directly impact essential services in Vacaville
Vacaville businesses are very competitive - which is why they

SUPPORT MEASURE M
- Vacaville's sales tax rate is among the lowest in California - Even with Measure M, Vacaville's rate would be lower than proposed rates for Davis, Vallejo, Napa and Sacramento
- Vacaville's businesses know that crime prevention, emergency response, road maintenance and economic development
maintain a positive business climate
- Local business leaders and the Vacaville Chamber of Commerce

ENDORSE MEASURE M
Much of the cost will be paid by people WHO DON'T LIVE IN

VACAVILLE
- Sales taxes are paid by residents from other cities who shop at the outlet stores and other businesses that serve the region - Essential purchases like food and medicine are exempted, eliminating aburden on fixed income residents
- Measure M adds just 25 cents to a $100 purchase
By law. Measure M AUTOMATICALLY EXPIRES IN 5 YEARS
- Measure M is a temporary bridge until the economy improves - Measure M cannot be extended without voter approval
- Specific legally-binding language prohibits the State from raiding these funds
Put Vacaville First • YES ON M.
s/ Steve Hardy
s/ Louis Debartolo
s/ Scott Pardini
s/ Suzanne J. Clark
s/ Rick Martindale
Solano 48 I 41
Item 12.c
--..

1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee . thereof rather than by or againsthe State Board of Equalization, inperforming the functions incident to the administration oroperation of this .,,. Ordinance.

3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respecto certain sales, storage, use or other consumption oftangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subjecto tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; b. Impose this tax with respect to certain sales, storage, use or other consumption oftangible personal property which would not be subjecto tax by the state under the said provision of that code.

4. In Sections 6701, 6702 {except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.

Section 10. PERMIT NOT REQUIRED. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance.

Section 11. EXEMPTIONS AND EXCLUSIONS.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircrafto be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respecto vehicles {other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration toan out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption ithis City of tangible personal property:

1. The gross receipts from the sale of which have been subjecto a transactions tax under any state-administered transactions and use tax ordinance.

2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption isin addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

Solano 48 I 43
Item 12.c
E. Consolidation With Statewide General Election. The municipal election hereby called for the date hereinbefore specified shall be, and is hereby, ordered consolidated with the statewide general election to be held within the City on said date, and within the territory affected by the consolidation, the election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted and returned, returns canvassed, results declared, and all other proceedings incidental to and connected '- with the election shall be regulated and done in accordance with the provisions of law regulating the statewide general election and specified herein. The Board of Supervisors of Solano County is hereby requested to order the consolidation ofthe municipal election hereby called with said statewide general election, and the Board of Supervisors of the County of Solano is hereby authorized to canvass the returns of said municipal election, and said election shall be held in all respects as if there were only one election and only one form of ballot shall be used. Said Board of Supervisors shall certify the results of the canvass of the returns of said municipal election to the Council, which shall thereafter declare the results thereof. The measure submitted by this Ordinance shall be designated on the ballot by a letter printed on the left margin of the square containing the description of the measure, as provided in Section 13116 of the Elections Code of the State of California.

F. County Registrar of Voters' Services. The Board of Supervisors of Solano County is hereby requested to permithe County Registrar of Voters to provide such services as may be necessary to properly and lawfully hold and conduct a municipal election in the City on November 6, 2012, including, but not limited to, consolidation of precincts; recruitment and appointment of election officers; establishment of polling places; preparing and mailing notices of appointment; printing sample ballots, sample ballot envelopes, ballot measures, polling place cards, ballot arguments and mailing to registered voters; the providing and printing of official ballots and polling cards; purchaselection supplies, including precinct and absent voter supplies, voting booths and flags; provide for absentee voting at the Office of Registrar of Voters, Election Division; cartage of voting booths, ballots, ballot boxes and precinct supplies to precincts; supervision and conduct of election; provide registration lists and any other materials and services that may be requested from time to time by the City Clerk or required to lawfully conduct the election in accordance with the California Elections Code.

G. Canvass of Returns. The County Registrar of Voters is hereby authorized to tabulate votes and canvass the returns of the municipal election, which shall be held in all respects as if there were only one election. Only one form of ballot shall be used and the returns of the election need not be canvassed by the Council. The canvasshall be made in accordance with the provisions of Division 15 (commencing with Section 15000) of the California Elections Code. The County Clerk shall declare the results of the canvass of the returns of the municipal election, based on the certified statement of results submitted by the County Registrar of Voters.

H. Reimbursement. The City shall reimburse the County of Solano for services performed pursuant to this Ordinance upon presentation ofa bill to the City.

I. Voting Qualifications. All persons qualified to vote at general municipal elections in the City upon the date of the election herein provided for shall be qualified to vote upon the proposition submitted at said election. --......, J. Ballots. Ballots for the election shall be provided in the form and in the number provided by law. On said ballots, in addition to any other printed matter which may be required by law, two voting squareshall be set off to the right of the proposition submitted at the election, in the manner provided by law, one having the word "YES" printed before it, and the other having the word "NO" printed before it.

K. Method of Voting. Each voter to vote for the proposition shall stamp or write a cross, or indicate by hole punch or other means, in the blank space opposite the word "YES" on the balloto the right of the proposition; and each voter to vote against the proposition shall stamp or write a cross, or indicate by hole punch or other means, in the blank space opposite the word "NO" on the balloto the right of the proposition.

L. Compliance with Law. In all particulars not recited in this Ordinance, the election shall be held and conducted as provided by law for holding municipal elections.

M. City Clerk. The notice of the time and place of holding the election is given and the City Clerk is directed to give further or additional notice of the election in the time, form and manner as required by law. The City Clerk is hereby directed to file with the Board of Supervisors of Solano County and the County Registrar of Voters a certified copy of this Ordinance and to take all other actions necessary to effectuate the directives of this Ordinance including, but not limited to, revising the language of the proposition set forth in Section 19.A to ensure that it complies with law. The City Clerk is directed to transmit to the City Attorney a copy of this Ordinance and the City Attorney is directed to prepare an impartial analysis thereof consistent with applicable law.

AYES:

NOES:

ABSENT:

ATTEST:

By:

Date:

Council members Harris, Hunt, Mashburn, Vice-Mayor Rowlett and Mayor Hardy None
None
APPROVED:

Michelle A. Thornbrugh, City Clerk Stephen M. Hardy, Mayor Solano 48 I 45
Item 12.c
Item 12.c
FIL_EQ
RESOLUTION NO. 2016-069
2016 AUG IO !M 10: n?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE ADDING JtMEA.StlRE TO RENEW AND MODIFY A TRANSACTIONS AND USE TAX TQ.rT~M~l;l~L MUNICIPAL ELECTION TUESDAY, NOVEMBER 8, 2016; SETTINS:ffl~J;Jttffl§.,§OR THE FILING OF ARGUMENTS AND REBUTTAL ARGUMENT$,~ANQ DIRECTING IMPARTIAL ANALYSIS FOR ALL BALLOT MEASURES RELATED'lo SAID ELECT-ION;

REQUESTING THE SOLANO COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE

SAID GENERAL MUNICIPAL ELECTION AND PROVIDE ELECTION SERVICES OF THE

REGISTRAR OF VOTERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE

STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election has been called by Resolution No. 2016-066 to be held on Tuesday, November 8, 2016 for the election of Municipal Officers; and WHEREAS, the City Council also desires to submit to the voters at the election a question relating to a transactions and use tax to be administered by the State Board of Equalization; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the statewide General Election to be held on the same date, and that within the City, the precincts, polling places and election officers of the two elections be the same, and that the Registrar of Voters of the County of Solano canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; and WHEREAS, the Elections Code authorizes the City Council to request an impartial analysis of any ballot measure to be submitted to the voters; and WHEREAS, Elections Code §9282 provides for written arguments to be filed in favor of or against city measures not to exceed 300 words in length and requires the City Cleric to determine the deadline for submission of primary arguments for ballot measures submitted at municipal elections; and
WHEREAS. the Elections Code §9285 further sets forth procedures for the filing of .. rebuttal arguments not to exceed 250 words for ballot measures submitted at municipal elections including setting the deadline for 1 0 days after the final filing date for primary arguments;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VACAVILLE CALIFORNIA, DOES RESOLVE AND ORDER AS FOLLOWS:

SECTION 1. That, pursuant to the requirements of the laws of the State of California relating to general law cities, there was called and ordered to be held in the City of Vacaville, California, on Tuesday, November 8, 2016, a General Municipal Election for the purpose of electing two members of the City Council, one City Treasurer and one City Cleric for the full term of four years.

SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question to appear on the ballot substantially as follows:

Item 12.c
"Vacaville Essential Services Protection
Measure. To protect essential city services such as
police programs to fight domestic violence,
child/elder abuse, gang activity and neighborhood
crime; fire/paramedic services for quick emergency
response times; street lighting for safety; and other
city services, shall City of Vacaville Ordinance No.
1899 be approved to renew a sales/use tax at a 3/4-
cent rate for 20 years, providing approximately
$14,700,000 per year in locally controlled funding
that stays in Vacaville?"
Yes
No
SECTION 3. That the proposed complete text of the measure (Ordinance No. 1899) submitted to the voters is as attached in Exhibit A to this Resolution which is incorporated by this reference.

SECTION 4. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 5. That the City Clerk is authorized, instructed and directed to coordinate with the County of Solano Registrar of Voters to procure all official notices and printed matter necessary to properly and lawfully conduct the election.

SECTION 6. That the ballots to be used at the election shall be in the form and content as required by law.

SECTION 7. That the polls for the election shall be open at 7:00 a.m. of the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California.

SECTION 8. That notice of time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 9. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Solano is hereby requested to consent and agree to the consolidation of the General Municipal Election with the General Statewide Election on Tuesday, November 8, 2016, for the purpose of the election of two members of the City Council, one City Treasurer, and one City Clerk, as well as submission of a question to the voters as outlined in Section 2.

SECTION 10. That the Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.

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SECTION 11. That the County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there is only one election, and only one form of ballot shall be used.

SECTION 13. The City Clerk is directed to transmit to the City Attorney a copy of Ordinance No. 1899 and the City Attorney is directed to prepare an impartial analysis thereof consistent with applicable law by August 16, 2016.

SECTION 14. The City Attorney shall prepare an impartial analysis of the measure not exceeding 500 words showing the effect of the measure on the existing law and the operation of the measure and shall include a statement that the measure was placed on the ballot by the governing body.

SECTION 15. The deadline for ballot arguments for or against the ballot measure, not to exceed 300 words in length, to be submitted to the City Clerk in accordance with Elections Code Section 9282 is hereby established as August 19, 2016. If more than one argument is submitted on a measure, the City Clerk shall select the argument and shall give preference in the order named, to arguments in accordance with Election Code 9287.

SECTION 16. In accordance with Election Code Section 9285, the City Clerk, upon receipt of arguments and after the filing deadline, will immediately transmit copies to any known opposing parties who may then submit rebuttal arguments or may authorize in writing any other person or persons to prepare, submit or sign the rebuttal argument, not to exceed 250 words, by Aug4~t 29, 2016. A rebuttal argument may not be signed by more than five authors and shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the authors(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, not more than 1 O days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by the Declaration by Author(s) form supplied by the City Clerk. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

SECTION 17. All previous resolutions providing for the filing of rebuttal arguments for City measures, if any, are repealed.

SECTION 18. That this resolution shall apply only to the election to be held on Tuesday, November 8, 2016, and shall then be without further effect.

SECTION 19. That Resolution No 2016-066 shall remain in full force and effect as supplemented herein.

SECTION 20. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voter's department of the County of Solano.

Item 12.c
SECTION 21. That the City Clerk shall certify to the passage and adoption of this Resolution.

I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a meeting of the City Council of the City of Vacaville, held on the 9th day of August, 2016, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:

Council members Harris, Hunt, Mashburn, Vice Mayor Rowlett, Mayor Augustine None
None
By: ~~j,Oo<l,-~~~-t--.:.t.-:-::~~F'-:---;--;:~
! hereby certify that the foregoing
instrument is a true copy of the original
Item 12.c
ORDINANCE NO. 1899
?Olh Al 'f; In A-!-,t 1n: 02
ORDINANCE OF THE CITY COUNCIL OF THE c1rv'oF\ 1ACAVILLE RENEWING AND MODIFYING A TRANSACTIONS ANcRHf.~ TMJr9
BE ADMINISTERED BY THE STATE BOARD OF ~~ERS
Section 1. TITLE. This ordinance shall be known as the City of Vacaville Transactions and Use Tax Ordinance. The City of Vacaville hereinafter shall be called "City." This ordinance shall be applicable in the incorporated territory of the City.

Section 2. OPERATIVE DATE. Pursuant to Section 7265 of the Revenue and Taxation Code, "Operative date" means April 1, 2018.

Section 3. PURPOSE. This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To impose a retail transactions and use tax in accordance with the provisions of Part

1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2, which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.

8. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes.

D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance.

Section 4. CONTRACT WITH STATE. Prior to the operative date, the City shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the State Board of Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

Item 12.c
Section 5. TRANSACTIONS TAX RATE. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of three-quarter percent(. 75%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance.

Section 6. PLACE OF SALE. For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization.

Section 7. USE TAX RATE. An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of three quarter percent(. 75%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.

Section 9. LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF USE TAXES. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made:

1. When the word "State" is used as a part of the title of the State Controller, State Treasurer, State Board of Equalization, State Treasury, or the Constitution of the State of California;

2. When the result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this Ordinance.

3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be Item 12.c
exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the State under the said provision of that code. ,

4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

8. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203 of the Revenue and Taxation Code.

Section 10. PERMIT NOT REQUIRED. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance.

Section 11. EXEMPTIONS AND EXCLUSIONS.

A There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Bums Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.

8. There are exempted from the computation of the amount of transactions tax the gross receipts from:

1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. Wrth respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
b. Wrth respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

Item 12.c

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:

1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.

2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, storage, .use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.

Item 12.c

7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.

D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.

Section 12. USE OF TAX PROCEEDS. The tax imposed hereunder is a general tax, the proceeds of which shall be deposited into the City's General Fund and expended for any lawful purpose of the City.

Section 13. AMENDMENTS. All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1. 6 and Part 1. 7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1. 7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance.

Section 14. ENJOINING COLLECTION FORBIDDEN. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

Section 16. EFFECTIVE DATE. This ordinance relates to the levying· and collecting of the City transactions and use taxes and shall take effect immediately upon approval of the voters.

Section 17. TERMINATION DATE. The authority to levy the tax imposed by this ordinance shall expire twenty (20) years after the date the tax is first collected.

Section 18. PROTECTION OF FUNDING. Current law forbids any decrease in State or federal funding to the City because of City's adoption of a transactions and use tax. However, if such funding is reduced as a result of the adoption of this transactions and use tax, then the amount of the tax will be reduced annually as necessary in order to restore such State or federal funding. Consequently, whether directly or indirectly, no proceeds derived from this may be taken away by the State or federal governments.

Item 12.c
Section 19. ELECTION.

A Call of Election. A municipal election is hereby called and ordered to be held in the City on Tuesday, November 8, 2016, at which election there shall be submitted to the qualified voters of the City the proposition set forth below.

B. Proposition. The proposition shall appear on the ballot for said municipal election in the following form:
"Vacaville Essential Services Protection Measure. To protect essential city services such as police programs to fight domestic violence, child/elder abuse, gang activity and neighborhood crime; fire/paramedic services for quick emergency response times; street lighting for safety; and other city services, shall City of Vacaville Ordinance No. 1899 be approved to renew a sales/use tax at a 3/4-cent rate for 20 years, providing approximately $14,700,000 per year in locally controlled funding that stays in Vacaville?" The City Council ("Council") does hereby submit to the qualified voters of the City, at said municipal election, this Ordinance and the proposition set forth above.

C. Submission: Intent. The Council does hereby submit to the qualified voters of the City, at said municipal election, this Ordinance and the proposition set forth in Section 18 hereof. The City intends to levy the transactions and use tax for the objects and purposes set forth above if a majority of all qualified voters voting on the proposition set forth above vote in favor thereof.

E. Consolidation with Statewide General Election. The municipal election hereby called for the date hereinbefore specified shall be, and is hereby, ordered consolidated with the statewide general election to be held within the City on said date, and within the territory affected by the consolidation, the election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted and returned, returns canvassed, results declared, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the statewide general election and specified herein. The Board of Supervisors of the County of Solano is hereby requested to order the consolidation of the municipal election hereby called with said statewide general election, and the Board of Supervisors of the County of Solano is hereby authorized to canvass the returns of said municipal election, and said election shall be held in all respects as if there were only one election and only one form of ballot shall be used. Said Board of Supervisors shall certify the results of the canvass of the returns of said municipal election to the Council, which ~hall thereafter declare the results thereof. The measure submitted by this Ordinance shall be designated on the ballot by a letter printed on the left margin of the square containing the description of the measure, as provided in Section 13116 of the Elections Code of the State of California.

Item 12.c
F. County Registrar of Voters' Services. The Board of Supervisors of the County of Solano is hereby requested to pennit the County Registrar of Voters to provide such services as may be necessary to properly and lawfully hold and conduct a municipal election in the City on November 8, 2016, including, but not limited to, consolidation of precincts; recruitment and appointment of election officers; establishment of polling places; preparing and mailing notices of appointment; printing sample ballots, sample ballot envelopes, ballot measures, polling place cards, ballot arguments and mailing to registered voters; the providing and printing of official ballots and polling cards; purchase election supplies, including precinct and absent voter supplies, voting booths and flags; provide for absentee voting at the Office of Registrar of Voters, Election Division; cartage of voting booths, ballots, ballot boxes and precinct supplies to precincts; supervision and conduct of election; provide registration lists and any other materials and services that may be requested from time to time by the City Clerk or required to lawfully conduct the election in accordance with the California Elections Code.

G. Canvass of Returns. The County Registrar of Voters is hereby authorized to tabulate votes and canvass the returns of the municipal election, which shall be held in all respects as if there were only one election. Only one fonn of ballot shall be used and the returns of the election need not be canvassed by the Council. The canvass shall be made in accordance with the provisions of Division 15 ( commencing with Section 15000) of the California Elections Code. The County Clerk shall declare the results of the canvass of the returns of the municipal election, based on the certified statement of results submitted by the County Registrar of Voters.

H. Reimbursement. The City shall reimburse the County of Solano for services performed pursuant to this Ordinance upon presentation of a bill to the City.

J. Ballots. Ballots for the election shall be provided in the form and in the number provided by law. On said ballots, in addition to any other printed matter which may be required by law, two voting squares shall be set off to the right of the proposition submitted at the election, in the manner provided by law, one having the word "YES" printed before it, and the other having the word "NO" printed before it.

L. Compliance with Law. In all particulars not recited in this Ordinance, the election shall be held and conducted as provided by law for holding municipal elections.

M. City Clerk. The notice of the time and place of holding the election is given and the City Clerk is directed to give further or additional notice of the election in the time, form and manner as required by law. The City Clerk is hereby directed to file with the Board of Supervisors of the County of Solano and the County Registrar of Voters a certified copy of this Ordinance and to take all other actions necessary to effectuate the directives of this Ordinance including, but not limited to, revising the language of the proposition set forth in Section 19.B to Item 12.c
ensure that it complies with law. The City Clerk is directed to transmit to the City Attorney a copy of this Ordinance and the City Attorney is directed to prepare an impartial analysis thereof consistent with applicable law.

I HEREBY CERTIFY that this Ordinance was introduced at a regular meeting of the City Council of the City of Vacaville, held on the 12th day of July, 2016, and ADOPTED AND PASSED at a regular meeting of the City Council of the City of Vacaville, held on the 9th day of August, 2016, by the following vote:

AYES: Councilmembers Harris, Hunt, Mashburn, Vice Mayor Rowlett, Mayor Augustine
NOES: None
ABSENT: None
ATTEST:
.

By:~/~/b~~ Michie A~ hom-6rughC7ci
Date: au,u!rt q. Qollo
I hereby certify that the foregoing
instrument is a true copy of the original
Item 12.c
RESOLUTION NO. 2016-066

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE CALLING AND ,

GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN CONJUNCTION WITH THE STATEWIDE GENERAL ELECTION ON TUESDAY, NOVEMBER 8, 2016, FOR

THE PURPOSE OF ELECTING MUNICIPAL OFFICERS AND REQUESTING THE BOARD

OF SUPERVISORS OF THE COUNTY OF SOLANO TO CONSOLIDATE SAID GENERAL MUNICIPAL ELECTION PURSUANT TO SECTION 10002 OF THE ELECTIONS CODE AND

REQUESTING CERTAIN SERVICES OF THE REGISTRAR OF VOTERS AND

ESTABLISHING REGULATIONS FOR CANDIDATE STATEMENTS ON THE SAMPLE

BALLOT, AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF

CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on Tuesday, November 8, 2016 for the election of Municipal Officers; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Presidential Election to be held on the same date, and that within the City, the precincts, polling places and election officers of the two elections be the same, and that the Registrar of Voters of the County of Solano canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; and WHEREAS, the Elections Code of the State of California ("Elections Code") provides that the City Council may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate statement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VACAVILLE CALIFORNIA, DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:

SECTION 1. That, pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of Vacaville, California, on Tuesday, November 8, 2016, a General Municipal Election for the purpose of electing a City Treasurer, City Clerk and two members of the City Council for the full term of four years.

SECTION 2. That the ballots to be used at the election shall be in the form and content as required by law.

SECTION 3. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 4. That. in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the Registrar of Voters for the County of Solano, the City Council, in accordance with Election Code § 15651 (a), shall set a date, time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.

Item 12.c
SECTION 6. That the polls for the election shall be open at 7:00 a.m. of the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California.

SECTION 7. That notice of time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 8. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Solano is hereby requested to consent and agree to the consolidation of the General Municipal Election with the General Statewide Election on Tuesday, November 8, 2016, for the purpose of the election of one City Treasurer, one City Clerk and two members of the City Council.

SECTION 9. That the Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.

SECTION 10. That the County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there is only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide general election.

SECTION 11. That the City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. ·
SECTION 12. That pursuant to Section 13307 of the Elections Code, each candidate for elective office to be voted for at the General Municipal Election on November 8, 2016, may submit with the nomination papers a State of Qualifications of the candidate of no more than 200. words, which statement will be printed and mailed out with the sample ballot.

SECTION 13. The candidate shall be required to pay for the cost of printing the candidate's statement in the voters' pamphlet. The City Clerk shall require each candidate filing a statement to pay, at the time his/her nomination papers are filed, the pro rata share for a statement available to be printed in English, Spanish, Chinese, or Tagalog. The candidate shall .be refunded any overage or billed for any additional costs within 30 days following notification by the Solano County Registrar of Voters of the exact cost.

SECTION 14. That this resolution shall apply only to the election to be held on Tuesday, November 8, 2016.

SECTION 15. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Solano.

Item 12.c
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 12th day of July, 2016, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST: .

Council Members Harris, Hunt, Mashburn, Vice-Mayor Rowlett and Mayor Augustine
None
None
~U/q1tU~~ ichlle AThornbgh,'fyerk
I hereby ~rtlfy that the foregoing
Item 12.c
,f,
F·lt_FO
2016 JUL· 14 PM I : 16
SOLANO COUN1Y

REGISTRAR OF VOTERS
Ormutv r,,,,1,
Item 12.c

MEASURE M

CITY OF VACAVILLE
"Vacaville Essential Services Protection Measure.

To protect essential city services such as police
programs to fight domestic violence, child/elder
abuse, gang activity and neighborhood crime; fire/
paramedic services for quick emergency response
times; street fighting for safety; and other city
services, shall City of Vacaville Ordinance No. 1899 be approved to renew a sales/use tax at a 3/4-cent rate
for 20 years, providing approximately $14,700,000
per year in locally controlled funding that stays in
Vacaville?"
YES
NO

CITY ATTORNEY'S IMPARTIAL ANALYSIS OF MEASURE M
Background
During the recent recession, the City of Vacaville experienced a decline in sales and property tax revenues. As a result, the City reduced its work force by 20%, decreased employee salaries and benefits, and curtailed expenditures on equipment, supplies, and services provided to persons living and working in Vacaville.

Following these cutbacks, the City projected that its general fund would have deficits of $1.5 million in fiscal year 2013/2014 and $2. 7 million in fiscal year 2014/2015 and in future years.

In response, the Vacaville City Council placed a measure on the November 2012 ballot for a quarter-cent sales and use tax for 5 years, which was approved by 70% of the voters. The tax expires on March 31, 2018.

The Measure
The Vacaville City Council has placed this Measure on the ballot, asking voters to renew and modify the current sales and use tax, effective April 1, 2018. The Measure would continue the quartercent tax and increase it by an additional half-cent from 7.875% to 8.375% for 20 years.

The tax is levied on the sale or use of tangible products purchased by residents and visitors to the City, such as clothing, household products, and other goods but not on things such as groceries and prescription drugs.

Sales and use tax rates differ throughout California, ranging from

7.5% to 10%. As noted, the current rate in Vacaville is 7.875%.

The City receives 1.25% of the revenue generated by the tax (1 % from the Bradley-Burns Act and 0.25% from Measure M), with the remainder going to the State (6.25%), Solano County (0.25%), and the Solano County Public Library (0.125%). This Measure would increase the City's share from 1.00% to 1.75%, which is a local tax that may not be taken or used by other agencies, such as the state and federal governments. Should that happen, the Measure provides that the tax will be reduced or not collected in order to offset such taking or use, thereby ensuring that the revenue remains in Vacaville to fund City services and facilities.

Use of Proceeds
The Measure is a general tax. Its revenue is used for general municipal purposes such as police and fire protection, gang suppression, ambulance service, street repair, park maintenance, recreation programs, public parks, sports fields, roadway improvements, the McBride Senior Center, the Walter V. Graham Aquatics Center, the Ulatis Community Center, the Vacaville Performing Arts Theater, and other services and facilities for Vacaville residents.

Fiscal Impact
The Measure continues the current tax and adds an additional half-cent for 20 years in order to maintain City services and facilities. Without the tax, the City forecasts its general fund will be depleted by 2019 thereby requiring further cost cutting and reductions in City services and programs.

A "yes" vote is a vote to continue the current tax and to add an additional half-cent for 20 years. A "no" vote is a vote not to continue the current tax and .add an additional half-cent. This Measure requires a simple majority of "yes" votes to take effect. /s/ Melinda C.H. Stewart, City Attorney
The above statement is an impartial analysis of Measure M. If you desire a copy of the measure, please call the City Clerk's· office at (707) 449-5100 and a copy will be mailed to you at no cost. llllillllllllilllllllllilllilllll 4 8 / 9 6
Item 12.c
"ARGUMENTS IN SUPPORT OF OR IN OPPOSITION TO THE PROPOSED LAWS ARE THE OPINIONS OF THE AUTHORS."

ARGUMENT AGAINST MEASURE M
NO on Measure M. It breaks promises made in 2012 when
Vacaville asked voters to approve a "temporary" tax increase.

The tax was needed, they said, to fill a temporary hole in Vacaville's budget caused by the Recession. They said it would last ONLY FIVE YEARS.

We trusted them and passed the tax. Now they want to break that promise, TRIPLE the tax, and extend it 20 YEARS!
The Recession ended. Property values are higher than ever.

Hundreds of new homes were added since 2012. Another 3,800 are underway. Property tax revenue is pouring in!
Retail sales are booming. The Outlets are packed. Nut Tree Plaza added 17 new stores. So sales tax revenue is pouring in too! Why does the City want even more money? Because of another broken promise. During the Recession, taxpayers begged the City Council to bring city pensions under control by switching from CalPERS to something else. The City Council said they'd consider ~ .

Pensions are a major part of Vacaville's budget. CalPERS has underperformed and lost money for years, heaping enormous annual costs on participating cities like Vacaville.

Now the temporary tax is expiring and, although the State forced some reforms, Vacaville still clings to CalPERS guaranteed pensions.

CalPERS pensions are based on final salary. Vacaville has over 100 employees whose total compensation exceeds $200,000/ year ($1 million every 5 years EACH)!
Vacaville experienced a financial downturn and asked voters to bail them out. We did, based on their promise that it would last ONLY FIVE YEARS. They should have learned from that experience and taken aggressive steps to prevent it from happening again.

They didn't.

Whose budget should be cut to pay for their irresponsibility? Vacaville's seniors and working families? No, the City should cut its budget. Vote NO on Measure M.

Howard Jarvis Taxpayers Association
Isl Timothy A. Bittle, Director of Legal Affairs
Solano County Taxpayers Association
/s/ George Guynn Jr., President,

REBUTTAL TO ARGUMENT AGAINST MEASURE M
The opponents to Measure M don't speak for Vacaville residents and rely on half-truths and misguided information to confuse voters.

Vacaville has AGGRESSIVELY cut costs and employee
compensation
. • Staffing levels, benefit and pension cost sharing have significantly cut City employee expenses, saving the City millions of dollars
• Vacaville has proactively addressed pension reformsemployees pay the maximum share of their pension costs allowable
• Performance measures indicate Vacaville is providing
quality services with limited resources
Much of the cost will be PAID BY PEOPLE WHO SHOP IN

VACAVILLE
• Measure M ensures that all who shop in Vacaville and use our roads and services pay their share
• Essential purchases like food and medicine are exempted, eliminating a burden on fixed income residents
• Measure M adds just 50 cents to a $100 purchase
Measure M STABILIZES OUR FINANCES AND PROTECTS VITAL

SERVICES
• Protects the City reserve fund for future downturns in the economy
• Allows for adequate staffing of on-duty firefighters and paramedics which provide rapid 9-1-1 response times
• Funds programs to fight .gang activity and keep at-risk youth away from crime and drugs
• Funds the Police Department's anti-child abuse and elder abuse programs, the Family Resource Center and Police
Activities League
By law, Measure M FUNDS MUST STAY LOCAL
• Funds from Measure M cannot be taken by the State or
Washington, D.C.
• Requires that Measure M is subject to annual audits
To Keep Vacaville Safe and Protect Quality of Life - Vote YES on M.
www.YesonMforVacaville.org
/s/ Carol Landry, Former Vacaville Chamber of Commerce Chair /s/ Earl Heal, Colonel USAF (retired)
/s/ Thomas A. Ferrara, Solano County SheriffNacaville Resident /s/ Steve Wilkins, Public Safety Officer (retired)/Chair 2012 Yes on Measure M Committee
Protect Quality of Life in Vacaville
/s/ Richard Word, Co-Chair Yes on M Committee
Item 12.c
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A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor.

However, the substitution shall not be made:

1. When the word "State" is used as a part of the title of the State Controller, State Treasurer, State Board of Equalization, State Treasury, or the Constitution of the State of California;

2. When the result of that substitution would require action to be taken by or againsthis City or any agency, officer, or employee thereof rather than by or againsthe State Board of Equalization, inperforming the functions incidento the administration or operation of this Ordinance.

3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to: · · a. Provide an exemption from this tax with respecto certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subjecto tax by the State under the said provision of that code.

4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word "City" shall be substituted for-the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203 of the Revenue and Taxation Code.

Section 10. PERMIT NOT REQUIRED. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance.

Section 11. EXEMPTIONS AND EXCLUSIONS.

A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:
1 . Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipmento a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respecto vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
b. With respecto commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed '-..-,/ not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right Item 12.c
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tax is first collected.

Section 18. PROTECTION OF FUNDING. Current law forbids any decrease in State or federal funding to the City because of City's adoption of a transactions and use tax. However, ifsuch funding is reduced as a result of the adoption of this transactions and use tax, then the amount of the tax will be reduced annually as necessary in order to restore such State or federal funding. Consequently, whether directly or indirectly, no proceeds derived from this may be taken away by the State or federal governments.

Section 19. ELECTION.

A. Call of Election. A municipal election is hereby called and ordered to be held in the City on Tuesday, November 8, 2016, at which election there shall be submitted to the qualified voters of the City the proposition set forth below.

B. Proposition. The proposition shall appear on the ballot for said municipal election in the following form:
"Vacaville Essential Services Protection Measure. To protect essential city services such as police programs to fight domestic violence, child/elder abuse, gang activity and neighborhood crime; fire/paramedic services for quick emergency response times; street lighting for safety; and other city services, shall City of Vacaville Ordinance No. 1899 be approved to renew a sales/use tax at a 3/4-cent rate for 20 years, providing approximately $14,700,000 per year in locally controlled funding that stays in Vacaville?"
The City Council {"Council") does hereby submit to the qualified voters of the City, at said municipal election, this Ordinance and the proposition set forth above.

C. Submission· Intent. The Council does hereby submit to the qualified voters of the City, at said municipal election, this Ordinance and the proposition set forth in Section 18 hereof. The City intends to levy the transactions and use tax for the objects and purposeset forth above if a majority of all qualified voters voting on the proposition set forth above vote in favor thereof.

D. Polls Open. The polls for said election shall be opened at seven o'clock A.M. of the day of said election and shall remain open continuously from said time until eight o'clock P.M. of the same day, when said polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California.

Said Board of Supervisorshall certify the results of the canvass of the returns of said municipal election to the Council, which shall thereafter declare the results thereof. The measure submitted by this Ordinance shall be designated on the ballot by a letter printed on the left margin of the square containing the description of the measure, as provided in Section 13116 of the Elections Code of the State of California.

F. County Registrar of Voters' Services. The Board of Supervisors of the County of Solano is hereby requested to permithe County Registrar of Voters to provide such services as may be necessary to properly and lawfully hold and conduct a municipal election in the City on November 8, 2016, including, but not limited to, consolidation of precincts; recruitment and appointment of election officers; establishment of polling places; preparing and mailing notices of appointment; printing sample ballots, sample ballot envelopes, ballot measures, polling place cards, ballot arguments and mailing to registered voters; the providing and printing of official ballots and polling cards; purchase election supplies, including precinct and absent voter supplies, voting booths and flags; provide for absentee voting at the Office of Registrar of Voters, Election Division; cartage of voting booths, ballots, ballot boxes and precinct supplies to precincts; supervision and conduct of election; provide registration lists and any other materials and services that may be requested from time to time by the City Clerk or required to lawfully conduct the election in accordance with the California Elections Code.

G. Canvass of Returns. The County Registrar of Voters is hereby authorized to tabulate votes and canvass the returns of the municipal election, which shall be held in all respects as if there were only one election. Only one form of ballot shall be used and the returns of the election need not be canvassed by the Council. The canvass shall be made in accordance with the provisions of Division 15 {commencing with Section 15000) of the California Elections Code. The County Clerk shall declare the results of the canvass of the returns of the municipal election, based on the certified statement of results submitted by the County Registrar of Voters.

H. Reimbursement. The City shall reimburse the County of Solano for services performed pursuant to this Ordinance upon presentation of a bill to the City.

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Vacaville City CouncilAugust 25, 2026

Vacaville City Council
August 25, 2026