Agenda — Weed City Council, December 12, 2024

CITY O 550 Main Street
P. O. Box 470
Weed, CA 96094
WEED
City of Weed (530) 938-5020
(530) 938-5096 (FAX)
Historic Lumber Town Incorporated 1/25/1961 www.ci.weed.ca.us

CITY COUNCIL AGENDA
Regular Meeting
Date of Meeting: December 12, 2024
Time of Meeting: 5:30 p.m.

Place of Meeting: City Hall Council Chambers 550 Main Street Weed, CA 96094 The City of Weed does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or provision of services. In compliance with the Americans with Disabilities Act, if you need assistance t participate in this meeting, please contact the City Clerk at (530) 938-5020. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35. 102-35. 104 ADA Title I!)
PUBLIC NOTICE:

GOVERNMENT CODE, TITLE 5. LOCAL AGENCIES [50001. - 57550.] (Title 5 added by Stats. 1949, Ch. 81. ) DIVISION 2.

CITIES, COUNTIES, AND OTHER AGENCIES (53000. - 55821.J (Division 2 added by Stats. 1949, Ch. 81. ), PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000. - 54999.7.] (Part 1 added by Stats. 1949, CHAPTER 9. Meetings [54950. - 54963.] (Chapter 9 added by Stats. 1953, Ch. 1588.) 54954.2. (a) (2) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.
(b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item.
(1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as (2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a). (3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.

I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
Council Members: Bob Hall, Mark Mazzoni, Ken Palfini, and Susan Tavalero.

Mayor: Darrell Parham
III. ACCEPTANCE OF AGENDA/ URGENCY ITEMS:

Move to accept agenda as posted or move to add or delete items.

To add item, the Council is required to make a majority decision that an urgency exists (as defined in the Brown Act) and a 2/3rds determination that the need to take action arose subsequent to the agenda being posted.

IV. NON-AGENDA PUBLIC COMMENT
The agenda is a lawful tool used by the City Council to conduct the public's business. Subject to Government Code §54954.3, members of the public have the opportunity to address the legislative body on any item of interest that is within the Council's jurisdiction and not listed on this agenda. Comments relating to items on this agenda will be taken at the time the item is heard.

No action may be taken by the Council on matters not on this agenda. The Council has the discretion to determine the appropriate disposition of the matter presented. Three members of the Council must agree to add the matter to a future agenda. Pursuant to open meeting laws, no discussion or action, other than a referral, shall be taken by the Council on any issue brought forth.

The Council encourages public participation, but many members of the public will be denied the opportunity to speak and to have Council action taken at a reasonable hour, if at all, if limits on time and decorum are not placed on all speakers. Individual speakers will be limited to 3 minutes each with a 20-minute maximum for public comment. Additional opportunity for public comment may be available at the end of the meeting at the discretion of the City Council.

Please keep comments concise and observe time limits. All remarks shall be addressed to the Council as a body and not to a single Council Member or to the audience. No person, other than the Council and persons having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the presiding officer. No question shall be asked of or by a Council Member or City staff except through and with the permission of the presiding officer V. COUNCIL MEMBER ANNOUNCEMENTS, MEETING REPORTS AND COMMENTS Pursuant to Government Code §53232.3(d) members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.

VI. CONSENT AGENDA
All items listed under the Consent Agenda are routine and will be approved by one motion with a vote. There will be no separate discussion of these items unless the Council request specific items be removed prior to the time the Council votes on the motion. All resolutions and ordinances on this agenda, or added hereto, shall be adopted by title only and the full reading thereof is hereby waived.

Any items removed will be considered after the motion to approve the Consent Agenda.

A. Public Works - By Motion, Council will consider second reading and adoption, by title only, of Ordinance No. 479-2024 Establishing Administrative Remedies Procedure for Challenges to Fees, Charges, and Assessments.

B. Revenue and Finance - By Motion, Council will consider second reading and adoption, by title only, of Ordinance No. 480-2024 Amending Chapter 3.32 of the Weed Municipal Code regarding Community Facilities District No. 2009-1.

C. Public Works - By Motion, Council will consider adoption of Resolution No. 51-2024 Adopting the City of Weed Language Access Plan for the CDBG Program 2024 Lincoln Heights Planning and Technical Assistance (PTA).

D. Fire - By Motion, Council will consider approval for the Weed Volunteer Fire Department to submit a FEMA Grant application for a commercial extractor washer and commercial dryer for cleaning personal protective equipment (PPE).

E. City Clerk - By Motion, approve minutes from November 14, 2024, Regular Meeting.

F. Finance - By Motion, approve payment warrants dated 11/07/2024 through 11/26/2024 including any voided warrants totaling $368,756.90.

G. Finance - By Motion, approve and file month end report for November 2024.

VIl. ITEMS REMOVED FROM CONSENT
VIlI. COUNCIL OATH OF OFFICE AND ELECTION OF OFFICERS
A. Administration of Oath of Office for Newly Appointed Council Members (2).

B. Plaque Presentation for Bob Hall and Susan Tavalero's years of service.

C. Election of Mayor and Mayor Pro Tempore by the Council.

IX. NEW COUNCIL MEMBERS COMMENTS
X. COUNCIL BUSINESS
All items listed under the Council Business below require action which may include any and/or all of the following: report, review, consideration, discussion, approval, disapproval, acceptance and rejection. Public input is invited. Individual speakers will be limited to 3 minutes each with a 20- minute maximum per item. As a rule, and unless otherwise expressly permitted by the presiding officer, after a motion is made by a member of the Council on the matter under consideration, no member of the public shall address or be permitted to address the Council.

A. Code Enforcement -By Motion, Council will consider Introduction and First Reading, by title only, of Ordinance No. 481-2024, Adding Section 16.04.145 to Chapter 16.04 of the Weed Municipal Code Pertaining to the Occupancy of Condemned Property.

B. Code Enforcement - By Motion, Council will consider Introduction and First Reading, by title only, of Ordinance No. 482-2024, Adding Chapter 12.22 and Amending Sections 9.10.020, 9.10.050, and

9.10.150 of Chapter 9.10 of the Weed Municipal Code.

C. Public Works - By Motion, Council will consider adoption of Resolution No. 52-2024 Authorizing the City Manager to enter into Task Order No. 2024-08 Authorizing PACE Engineering to proceed with the Shastina WWTP Improvement Planning Phase.

D. Finance - By Motion, Council will consider adoption of Resolution No. 53-2024 Approving the Mid-Year Budget Adjustments for Fiscal Year 24-25.

E. Finance - By Motion, Council will consider Adoption of Resolution No. 54-2024 Approving the Fiscal Year 23/24 Final Budget Adjustments.

F. Fire Department- By Motion, Council will consider Authorizing the Weed Volunteer Fire Department to Apply for a FEMA Micro Grant for Equipment.

XI. STAFF REPORTS
X. ADJOURN TO CLOSED SESSION
XI. CLOSED SESSION
A. Public Employee Appointment (§54957)
City Manager
B. Conference with Labor Negotiators) ($54957.6)
Negotiators: Interim City Manager Steven W. Baker and Police Chief Justin Mayberry Teamsters Local 137
XII. ADJOURN TO OPEN SESSION
Announcement of action taken, if any, by the City Council in Closed Session required by the Ralph. M. Brown Act (Gov. Code, §§ 54950 et seq.)
XIlI. ADJOURNMENT
Staff reports and/or other written documentation pertaining to the items on the agenda are on file in the Office of the City, Clerk and are available for public inspection during normal weekday business hours. Information may be obtained by calling (530) 938-5020. City Council Minutes and Agendas may also be available on the City's website:
http://www.ci.weed.ca.us. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 550 Main Street during normal business hours, or on the City's website at www.ci.weed.ca.us.

Privileged and confidential documents exempted.

Posting statement: On Monday December 9, 2024, a true and correct copy of this agenda was posted on the front door at 550 Main Street, (city hall).

CITY OF
City of Weed
WEED
Agenda Item Summary
Meeting: City Council - 12 Dec 2024
Department: Chris Davis, Director of Public Works
Agenda Item Title: Staff recommends second reading and adoption, by title only, of Ordinance No 479-2024 establishing administrative remedies procedure for challenges to fees, charges, and assessments.

Recommendation:

Staff Recommends second reading and adoption, by title only, of Ordinance No. 479-2024 establishing administrative remedies procedure for challenges to fees, charges, and assessments.

Below is the staff report from the November 14, 2024 CC Meeting:

Summary:

Assembly Bill 2257(2024) (adding Government Code sections 53759.1 and 53759.2) provides the City with a new tool to defend against challenges to fees, charges, and assessments adopted under Proposition 218 (Cal. Const., Art. XIII D). If the City follows certain procedures, a ratepayer who fails to submit a written objection before the close of the Prop. 218 protest hearing will be barred from challenging the fee, charge, or assessment later on in court.

The California Constitution grants the City additional authority to enforce any local, police, sanitary, or other ordinance not in conflict with general laws, and to establish and operate public works upon conditions and under regulations that the City may prescribe. (Cal. Const., Art. XI, §§ 7, 9.) Based on this authority, the ordinance also requires objections be timely submitted to challenge fees or charges adopted under Article XIII C of the California Constitution, any assessment on real property, or the methodology used to develop any fee, charge, or assessment.

This ordinance establishes the process the City must follow to limit challenges in this way. The City must:

1. Make the proposed fee, charge, or assembly publicly available at least 45 days before the deadline for submitting written objections;

2. Post a written basis for the proposed fee, charge, or assessment on the City's website and include al ink to that website on public hearing notices regarding the proposed adoption of the proposed fee, charge, or assessment;

3. Mail the written basis for the proposed fee, charge, or assessment to ratepayers or property owners upon request;

4. Provide at least 45 days for ratepayers or property owners to submit written objections to the fee, charge, or assessment;

5. Respond in writing to any timely submitted objections with an explanation for keeping or changing the proposed fee, charge or assessment;

6. Present any timely submitted objections and responses thereto the City Council for its consideration, either before or during the public hearing on the proposed fee, charge or assessment;

7. Include on its public hearing notices a statement in bold-faced type of 12 points or larger:
a. that all written objections must be submitted to the City Clerk by the end of public comment period at the hearing, that a failure to timely object in writing bars any right to challenge that fee, charge, or assessment in court, and that any such action will be limited to issues identified in such objections; and
All substantive and procedural requirements for submitting an objection to the proposed fee, charge, or assessment.

This Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 21065 and 15061(b)(3) as the establishment of an administrative remedies procedure will not result in a reasonably foreseeable direct or indirect physical change in the environment.

Fiscal impact:

None at this time.

Alternative Actions:

1. Introduce a modified version of the Ordinance

2. Do not introduce the ordinance and provide direction to staff

3. Council's discretion
Environmental Review:

N/A
Attachments: Ordinance
ORDINANCE NO. 479-2024

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEED ADOPTING AN

ADMINISTRATIVE REMEDIES PROCEDURE FOR CHALLENGES TO FEES,

CHARGES, AND ASSESSMENTS
Be it ordained by the Council of the City of Weed:

Section 1. AUTHORITY. This Ordinance is authorized by the City's authority under California Constitution, article XI, sections 7 (police power) and 9 (utility power) as well as Government Code section 53759.1.

Section 2. CODE AMENDMENT. Chapter 1.04 (General Provisions) of Title 1 (General Provisions) of the Weed Municipal Code is hereby amended to add a new section 1.04.100 to read as follows:

Section 1.04.100 — Exhaustion of administrative remedies for challenges to fees, charges, and assessments on real property.

A. Scope. The duty to exhaust administrative remedies imposed by this section extends to:
a. any fee or charge subject to articles XIII C or XIII D of the California Constitution,
b. any assessment on real property levied by the City, and c. the methodology used to develop and levy such a fee, charge, or assessment.

B. "Hearing" as used in this section means the hearing referenced in paragraph 4 of subsection D of this section.

C. Duty to Exhaust Issues. No person may bring a judicial action or proceeding alleging noncompliance with the California Constitution or other applicable law for any new, increased, or extended fee, charge, or assessment levied by the City, unless that person submitted to the City Clerk a timely, written objection to that fee, charge, or assessment specifying the grounds for alleging noncompliance. The issues raised in any such action or proceeding shall be limited to those raised in such an objection unless a court finds the issue could not have been raised in such an objection by those exercising reasonable diligence.

D. Procedures. The City shall:
(1) Make available to the public any proposed fee, charge, or assessment to which this section is to apply no less than 45 days before the deadline for a ratepayer or assessed property owner to submit an objection pursuant to paragraph 4 of this subsection D.
(2) Post on its internet website a written basis for the fee, charge, or assessment, as a cost of service analysis or an engineer's report, and include a link to the internet website in the written notice of the Hearing, including, but not limited to, a notice pursuant to subdivision (c) of Section 4 or paragraph (1) of subdivision (a) of Section 6 of Article XIII D of the California Constitution.
(3) Mail the written basis described in paragraph 2 of this subsection D to a ratepayer or property owner on request.
(4) Provide at least 45 days for a ratepayer or assessed property owner to review the proposed fee or assessment and to timely submit to the City Clerk a written objection to that fee, charge, or assessment that specifies the grounds for alleging noncompliance.

Any objection shall be submitted before the end of the public comment portion of a Hearing on the rate, charge or assessment.
(5) Include in a written notice of the Hearing, a statement in bold-faced type of 12 points or larger:
(A) That all written objections must be submitted to the City Clerk by the end of public comment period at the Hearing and that a failure to timely object in writing bars any right to challenge that fee, charge, or assessment in court and that any such action will be limited to issues identified in such objections. (B) All substantive and procedural requirements for submitting an objection to the proposed fee, charge, or assessment such as those specified for a property-related fee under California Constitution, article XIII D, section 6(a) or for an assessment on real property under California Constitution, article XIII D, section 4(e).

E. Council Consideration; City Responses. Before or during the Hearing, the City Council shall consider and the City shall respond in writing to, any timely written objections. The City Council may adjourn the Hearing to another date if necessary to respond to comments received after the agenda is posted for the meeting at which the Hearing occurs. The City's responses shall explain the substantive basis for retaining or altering the proposed fee, charge, or assessment in response to written objections, including any reasons to reject requested amendments.

F. City Council Determinations. The City Council, in exercising its legislative discretion, shall determine whether:
(1) The written objections and the City's response warrant clarifications to the proposed fee, charge, or assessment.
(2) To reduce the proposed fee, charge or assessment.
(3) To further review the proposed fee, charge, or assessment before determining whether clarification or reduction is needed
(4) To proceed with the Hearing, to continue it, or to abandon the proposal.

SECTION 3. CEQA FINDINGS. The City Council finds that adoption of this Ordinance is exempt from CEQA because: (i) it is not a project within the meaning of Public Resources Code, section 21065 because it has no potential to alter the physical environment; (ii) and pursuant to CEQA Guidelines section 15061(b)(3), the so-called "common sense" exemption, for this same reason.

SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons and circumstances. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof despite the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.

SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect 30 days after its adoption pursuant to Government Code section 36937.

SECTION 6. PUBLICATION. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published pursuant to Government Code section 36933
INTRODUCED and first read at a regular meeting of the City Council on the 14' day of November, 2024.

FINAL PASSAGE AND ADOPTION by the City Council of the City of Weed was at a meeting held on the day of 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING:

Darrell Parham, Mayor
ATTEST:

Sandra Duchi, City Clerk
State of California
County of Weed
City of Weed
I HEREBY CERTIFY the foregoing ordinance was introduced in a Regular Meeting of the City Council of the City of Weed held on the 14th day of November 2024, and was duly adopted at a Regular Meeting of the City Council of the City of Weed held on the _2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sandra Duchi, City Clerk

CITY OF
City of Weed
WEED
Agenda Item Summary
MATT
Meeting: City Council - 12 Dec 2024
Department: Steven W. Baker, Interim City Manager JoB
Agenda Item Title: Second Reading And Adoption, By Title Only, Of Ordinance No. 480-2024 An Ordinance Of The City Council Of The City Of Weed, California, Amending Chapter 3.32 Of The Weed
Municipal Code Regarding Community Facilities District No. 2009-1
Recommendation:

Staff Recommends: That the City Council hold second reading and adoption, by title only, of Ordinance No.480-2024 An Ordinance Amending Chapter 3.32 of the Weed Municipal Code Regarding Community Facilities District No. 2009-1
Below is the staff report from the November 14, 2024 CC Meeting:

Summary: The City currently has a Community Facilities District (CFD) that covers the Mountain Meadows subdivision in South Weed. This CFD was formed in 2009 to help fund city services in this area including road maintenance, police services and fire protection through CFD taxes paid for by property owners with developed lots.

The City became aware that some persons have taken title to CFD Taxed Property after receiving title reports that omitted the lien for the CFD Tax, and that therefore affirmatively but falsely represented to those persons that their Taxed Property was not in fact subject to this lien.

Because of the potential inconvenience and hardship, the City is creating a mechanism to allow a one-time payment by eligible property owners in lieu of the on-going tax. To be eligible, the property owner would have to prove that they had received a title report omitting the lien and CFD tax, following the steps outlined in the ordinance. The amount of the one-time payment is determined by an estimate the amount the property would owe over the next 40 years, taking the amount due to the most recent fiscal year and increasing it annually by a consumer price index as detailed in the ordinance. Applications for a onetime payment would only be accepted prior to the end of the third fiscal year after the invoicing of the tax (which occurred in 2023).

Fiscal impact: For eligible properties, the City would receive approximately $55,000 in a one- time payment instead of payments of $700 (plus a CPI adjustment) in the future.

Alternative Actions:

1. Not introduce the Ordinance

2. Other actions at Council discretion.

Environmental Review: Not applicable.

Attachments: Ordinance
ORDINANCE NO. 480-2024

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEED,
CALIFORNIA, AMENDING CHAPTER 3.32 OF THE WEED MUNICIPAL CODE REGARDING COMMUNITY FACILITIES DISTRICT NO. 2009-1 WHEREAS, in 2009, pursuant to the Mello-Roos Community Facilities Act of 1982 (Gov. Code, § 53311 et seq.) (the "Act"), the City formed Community Facilities District No. 2009-1 (the "District") via Resolution No. 08-2009 (the "Resolution of Formation"); WHEREAS, the Resolution of Formation proposed a special tax per "Dwelling Unit" on "Developed Property," as defined in the resolution, to fund specified services within the District (the "CFD Tax");
WHEREAS, the Resolution of Formation stated that the initial maximum rate for the CFD Tax was $1,909 per Dwelling Unit for Fiscal Year 2010-2011, but this maximum rate would increase in subsequent years in accord with the Consumer Price Index; WHEREAS, property owners in the District approved the CFD Tax (Gov. Code, § 53326), and the City Council then adopted that tax, codified as Chapter 3.32 of the Weed Municipal Code (Reso. Nos. 09-2009, 10-2009; Ord. No. 390-2009); WHEREAS, the Act permits the City to establish conditions under which a property owner may permanently satisfy the CFD Tax as to his or her property (Gov. Code, §§ 53321, subd. (d), 53344), but the City has not done so to date because it intended the CFD Tax to be a perpetual source of revenue to support services to the District; WHEREAS, the City duly recorded the CFD Tax as a lien against taxable properties in the District ("Taxed Properties");
WHEREAS, because the City formed the District and adopted the CFD Tax on the record at properly noticed public meetings, and it then recorded the CFD Tax against Taxed Properties, any person who subsequently acquired title to a Taxed Property was on notice of the City's CFD Tax lien and acquired title subject to that lien (Civ. Code, §§ 1213, 1214); WHEREAS, at the same time, a common way persons who purchase real property obtain actual notice of liens like the City's CFD Tax is through a report prepared for them by a title company;
WHEREAS, the City is aware that some persons have taken title to Taxed Property after receiving title reports that omitted the lien for the CFD Tax, and that therefore affirmatively but falsely represented to those persons that their Taxed Property was not in fact subject to this lien;
WHEREAS, a title company's failure to disclose the City's duly recorded lien does not impair the City's right to impose the CFD Tax, but it does create considerable inconvenience or even hardship for affected City residents; and
WHEREAS, accordingly, despite its right to impose the lawfully adopted and recorded CFD Tax as stated in the Resolution of Formation, the City Council has made the policy 1 decision to relieve property owners from perpetual liability for the CFD Tax if they meet the conditions set forth in this Ordinance.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Weed as follows:

SECTION 1. The recitals set forth above are true and correct, and are hereby incorporated into this Ordinance by this reference.

SECTION 2. The City Council intends by this Ordinance to provide conditions under which the obligation to pay its CFD Tax may be prepaid and permanently satisfied. (Gov.

Code, §§ 53321(d), 53344.)
SECTION 3. Chapter 3.32, Section 3.32.010 of the City of Weed Municipal Code is amended to read as follows:

3.32.010 - Definitions.

A. "Act" means Mello-Roos Community Facilities Act.

B. "CFD" means community facilities district.

C. "Services" means those listed in Exhibit A of Resolution No. 04-2009, as adopted, and hereafter amended, and on file in the office of the city clerk.

D. "Underwritten title company" has the same meaning provided in Section 12340.5 of the California Insurance Code.

SECTION 4. Section 3.32.090 is added to Chapter 3.32 of the City of Weed Municipal Code to read as follows:

3.32.090 - Procedure to permanently satisfy tax.

A. Any owner of a property subject to the tax levied under Section 3.32.030, and who meets the conditions set forth in this section, may apply to prepay and permanently satisfy that tax. The property owner shall submit this application to the city clerk, who shall forward it to the city manager or his or her designee for review. The city manager may grant or deny the application. The city manager shall grant this application only if it includes all of the following:

A statement signed under penalty of perjury from the property owner or the owner's authorized representative that the property owner acquired title to the property in question without actual knowledge that the property is subject to the tax levied under Section 3.32.030.

Clear and convincing evidence that, before the property owner acquired title to the property in question, (a) the property owner received a title report from an underwritten title company regarding that property, and (b) that title report either did not indicate the property is subject to the 2 tax levied under Section 3.32.030, or it affirmatively asserted the property is not subject to that tax.

B. The property owner must submit the application described in subdivision A no later than June 30 of the third fiscal year in which the tax provided in Section

3.32.030 is levied on the property listed in that application. The tax was levied against a property in a fiscal year if (1) it was included on the annual property tax bill for that property, or (2) it otherwise appeared on a written invoice sent to the property owner. A property owner who fails to meet this deadline is ineligible for the remedy provided by this section.

C. If the city manager grants the application, he or she shall forward it to the city's finance director, who shall calculate the amount necessary to prepay and permanently satisfy the tax. This calculation shall estimate the amount the property would owe over the next 40 years, taking the amount due for the most recent fiscal year and increasing it annually according to the average percentage change in the consumer price index for the greater San Francisco area over the previous ten years, as determined by the U.S. Department of Labor.

D. If the city manager denies the application, he or she shall issue that denial in writing. If the city manager grants the application, he or she shall issue a written statement including both (1) the fact that the application was granted, and (2) the amount the finance director calculated to prepay and permanently satisfy the tax. In either event, the city manager shall provide this written response to the applicant by mail and, if requested, by e-mail.

If the city manager grants the application, then, after the property owner pays the amount calculated pursuant to subdivision C, the city shall promptly comply with the Act's procedures to remove the special tax lien from the property in question.

F. If the property owner is not satisfied with the city manager's decision to deny an application, or with the finance director's calculation under subdivision C, the property owner may file an appeal in writing to the city council within ten calendar days after the city manager issues the written statement described in subdivision D. All such appeals shall be filed with the city clerk and shall be accompanied by the applicable fee provided in the fee schedule currently in effect in the city. The city council will conduct the appeal as a de novo hearing and shall render its decision within forty-five (45) days after the conclusion of the hearing. The city council may reverse, set aside, affirm, amend, or modify the action of the city manager or the finance director, provided that the actions of the council are consistent with this section and the rest of the city's code.

The council may also refer said matter back to the city manager for additional consideration or to obtain additional information. The city council may establish administrative procedures it deems necessary or appropriate for such an appeal, provided that it shall be the property owner's burden to demonstrate error by the city manager or the finance director. The city council's decision in such an appeal shall be final and binding.
3 G. A property owner is not eligible to submit an application under subdivision A if that property owner took part in the election referenced in Resolution Nos. 09- 2009 and 10-2009.

SECTION 5. This Ordinance does not constitute an "increase" in the CFD Tax, as it does not require anyone to pay more than voters previously approved for the CFD Tax. (Cal.

Const., art. XIII C, § 2(d); Gov. Code, § 53750(h).)
SECTION 6. The adoption of this Ordinance is not subject to the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) ("CEQA") because it is a fiscal activity that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment, and it is therefore not a CEQA project (CEQA Guidelines, § 15378(b)(4)), and because it can be seen with certainty that there is no possibility that this Ordinance may have a significant effect on the environment (CEQA Guidelines, § 15061(b)(3)).

SECTION 7. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons and circumstances. The City Council of the City of Weed declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof despite the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.

SECTION 8. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. 1 hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting of the City Council of the City of Weed held on the 14th day of November 2024, and thereafter adopted at a regular meeting of said Council held on the day of December, 2024, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAINING:

Darrell Parham, Mayor
ATTEST:

Sandra Duchi, City Clerk
4 CITY OF
City of Weed
WEED
Agenda Item Summary
Meeting: City Council - 12 DEC 2024
Department: Chris Davis, Director of Public Works
Agenda Item Title: Adopt Resolution No. 51-2024 Adopting the City of Weed Language Access Plan.

Staff Recommendation: Staff recommends Council move to adopt Resolution No. 51-2024 adopting the City of Weed Language Access Plan.

Summary: Grantees are required to take reasonable steps to ensure meaningful access to HUD assisted programs and resources by people with Limited English Proficiency (LEP). This "reasonableness" standard is intended to be flexible and fact dependent. It is also intended to balance the need to ensure meaningful access by LEP persons to critical services while not imposing undue financial burdens on local governments or small nonprofit organizations.

Grantees are required to conduct an assessment, that considers the following four factors to determine whether a Language Access Plan (LAP) is required and what elements should be included.

Factor #1: The number or proportion of LEP persons served or encountered in the eligible service population ("served or encountered" includes those persons who would be served or encountered by the grantee if the persons received adequate education and outreach and the grantee provided sufficient language services)
• Factor #2: The frequency with which LEP persons come into contact with the program • Factor #3: The nature and importance of the program, activity, or service provided by the program
• Factor #4: The resources available and costs to the recipient.

Based on these factors we anticipate translating into Spanish.

Fiscal impact:

Unknown at this time but anticipated additional staff time.

Alternative Actions:

1. Choose another option

2. Postpone adoption of the Resolution

3. Other actions at Council's discretion
Environmental Review:

None.

Attachments:

Resolution No. 51.2024
Language Access Plan
Four Factor Analysis for Limited English Proficiency
RESOLUTION NO. 51-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEED
ADOPTING CITY OF WEED LANGUAGE ACCESS PLAN FOR THE CDBG PROGRAM; 2024

LINCOLN HEIGHTS PLANNING AND TECHNICAL ASSISTANCE (PTA) WHEREAS, the City Council desires to establish a Language Access Plan providing language assistance on a as needed basis by the City of Weed throughout the implementation of the CDBG program; 2024 Lincoln Heights PTA.

NOW, THEREFOREFORE BE IT RESOLVED by the City Council of the City of Weed that Language Access Plan as attached hereto as Exhibit A and made a part hereof by reference is hereby adopted; and
FURTHER, BE IT RESOLVED, that this resolution shall become effective immediately.

I HEREBY CERTIFY the foregoing resolution was introduced and adopted at a regular meeting of the City Council held the 12th day of December 2024, by the following vote, to wit:

AYES: Council Members
NOES:

ABSENT:

Mayor, City of Weed
ATTEST:

City Clerk, City of Weed
Exhibit A
City of Weed
Language Access Plan
Language Access Plan: As a result of the Four-Factor Analysis, the City of Weed has identified the following types of language assistance to be provided on a as needed basis by City of Weed throughout the implementation of the CDBG program: 2024 Lincoln Heights PTA • All CDBG public participation documents, project-related resolutions, public notices, and amendments will be published in English and Spanish, on bulletin boards at Weed City Hall, in public places throughout the proposed project area(s) and/or the community, and on social media platforms commonly used bi people in the community that speak English and Spanish. • All public participation notices will include a statement in Spanish and will be available to interpreters at public meetings upon advance request. (Requests will be accepted no less than 72 hours in advance).
• If needed, an interpreter may be retained to provide oral translation in the fiela during the implementation of the project activities.
• If other populations of Limited English Proficiency persons are identified in the future, the City of Weed will consider additional measures to serve the language access needs of those persons.

Printed Name of Chief Elected Official Title
Signature Date Adopted
Attachment 4-4
Four-Factor Analysis for Limited English Proficiency
Grantees are required to take reasonable steps to ensure meaningful access to HUD assisted programs and resources by people with Limited English Proficiency (LEP). This "reasonableness" standard is intended to be flexible and fact dependent. It is also intended to balance the need to ensure meaningful access by LEP persons to critical services while not imposing undue financial burdens on local governments or small nonprofit organizations.

Grantees are required to conduct an assessment, that considers the following four factors to determine whether a Language Access Plan (LAP) is required and what elements should be included.

FOUR FACTORS
• Factor #1: The number or proportion of LEP persons served or encountered in the eligible service population ("served or encountered" includes those persons who would be served or encountered by the grantee if the persons received adequate education and outreach and the grantee provided sufficient language services)
• Factor #2: The frequency with which LEP persons come into contact with the program • Factor #3: The nature and importance of the program, activity, or service provided by the program • Factor #4: The resources available and costs to the recipient.

FACTOR #1
To conduct the Factor #1 review, you must access Census data:

1. Go to https://data.census.gov/type the name of your jurisdiction and wait for the name to pop up in bold and click on the name. See below for example:

Explore Census Data
* •C
& Mannie in Callin Maryaville city, Californ..

TIng
tables
Click on View Profile:

Published July 2022
Attachment 4-4
Marysvite cily, Colifornia
Census
All Tattoo Pagan
Total Population in Marysville City, California is 12,844 2,140 Teben. 2,544 Laps, A Pager
Tables
PI: LACE
(1 Van At J Producis
DPOS| ACS DEMOGAAPHIC AND HOUSINO ESTIMATES
Marysville city, C-
Amercen Coenty Surves Profile
S0101 : ADÊ NO SÉX
Yaw All Pools with Caria
Mere Prolle O

SOBOT SISGTED CHARACTERSTES DE THE TOTAL AND MAIS POPULATIONS IN THE UNITED STATES Related Searches
This should take you to a profile that looks like this:

Census
Marysville
city, California
19 .

Missorioms
Published July 2022
Attachment 4-4
Scroll down to the section that reads ""Language Spoken at Home" then click on the link to "Show Table".

Unlted States
Census
Tables Mops Pages
) Populations and Poople income and Poraily 19 Laymon E Imployment 89 Hours A Mesh! Forbes and Lung Arrangements 8. Race and Ethnicay 105 12%
LE Stow Taoir DЛ02 2050 AC55-Yew Fatmater Data Profia
Language Spoken at Home

25.3%.: 07%

43.9%., 01c
516C1 2020 Amprean Coratumuty Surrey 5-Teat Eslimales
Types of Languago Spokan at Home : View Options

COLUBA AD
40%
DAO2 | 2020 ACSS Yest Easieures Dece Proties
Once in the DP02 table, to the left, under the label column, you will see section headers. Scroll down to the "Language Spoken at Home" section.

Census Grach +@
Pages
DPO2 | SELECTED SOCIAL CHARACTERISTICS IN THE UNITED STATES пос. 10 23 s0
25882
Maryan way Cellarnes
STATES
Manga el lines winterile
-2e: 1431
0701 EGORAPHIC MODILITY BY SELLGTED
MARACTERISTICS IN "HE LEATEO STATES
cos

SOBOT COMMUTINO CHARACTERISTICS BY SEX
10%
1210
MENIS Of IRANSPOMTAIIOH TO MARK
2410 213%
MAX
152
Published July 2022
Attachment 4-4
For any language group with a population that speaks English less than "very well" (considered LEP) that is 5% or more of your jurisdiction's total population or has 1,000 people, a Language Assistance Plan (LAP) will be required.

If the grantee determines it does meet the threshold of the lesser of 1,000 people or 5% LEP persons of one or more languages, then the grantee will be required to complete an LAP. The Grantee will use Factors #2 through #4 to inform the elements of the LAP. If the Grantee determines that it does not meet the minimum threshold for any individual language they must proceed with Factors #2 through #4 to determine if an LAP will be required.

V LANGUASE SPOKEN AT HOME
V Population 5 years and over 11,397 =192 11,397 (x)
Engiltin only. 9.221 =523 90 9% $4.4
V Language other than English 2,176 =502 19 15
Speak English tess man very well' 717 =301 63%
V Spanish 1,834 =457
Speak English less than 'very we 643 =287
V Other indo European lanquages 211 =121
Speak English less tan vety well 36 ÷28
V Aslan and Pacific Islander languages 95 =114
Speak English less man very wat' $24 014C
v other languages 35 ₺37 0.3%
Spesk English less than 'vety vall 29 $34 02%
FACTOR #2
If the project offers direct assistance to beneficiaries related to housing and other services, the nature of the activity or service may be significant to the proposed project area residents. Additionally, all public participation activities must be open to the public. Grantees must assess the frequency of resident contact based on their chosen activities.

If the grantee determines that the program or activities provide direct assistance to residents who have LEP, then the residents are likely to have considerable direct contact, and the grantee will move on to developing the LAP and does not need to go through Factors #3 and #4.

FACTOR #3
Determine whether the project will provide critical improvements such as a new community service center or public facility to serve low- and moderate-income people with a significant number of LEP persons or a primary focus on LEP persons. The benefits of such projects have an important impact on LEP residents. If the project is found to have such importance, the grantee will move on to developing the LAP and does not need to go through Factor #4.

FACTOR #4
There are many resources available to grantees to assist LEP persons. Those resources include translation websites, translated documents available from HUD and DOL, and the eligible use of administrative funds from the CDBG program. Grantees should be able to provide language access at a reasonable cost. Grantees should not use cost reasons as the only factor to determine the need for language assistance.

Published July 2022
Attachment 4-4
If the grantee determines that none of the factors apply to it and its program, then it does not need to develop an LAP. Grantees should still make reasonable attempts to accommodate language access needs of residents requesting oral translation during public participation and for other materials.

Grantees can also consider training staff and using HUD's "I Speak" cards in their office for LEP persons who walk in. HUD's "I Speak" cards and some translated materials are available at this website:
https://www.hud.gov/program offices/fair housing equal opp/17lep

LANGUAGE ACCESS PLANS
If the grantee must prepare a Language Access Plan (LAP), use the Sample LAP provided in a separate attachment.

Additionally, HUD has established certain "safe harbor" guidelines for written materials. That guidance is:

Recommended Provision of
Size of Language Group
Written Language Assistance
1,000 or more in the eligible population in the Translate vital documents. market area or among current beneficiaries
More than 5% of the eligible population or Translate vital documents. beneficiaries and more than 50 in number
More than 5% of the eligible population or Translate written notice of right to receive free oral beneficiaries and 50 or less in number interpretation of documents. 5% or less of the eligible population or No written translation is required. beneficiaries and less than 1,000 in number
Published July 2022

CITY OF
City of Weed
WEED
Agenda Item Summary
Meeting: City Council - 12 Dec 2024
Department: Steve Duncan, Fire Chief
Agenda Item Title: FEMA Grant Submission For Extractor and Dryer.

Recommendation: Staff Recommends that the Council move to allow the Fire Department to submit a FEMA Grant for a commercial extractor washer and commercial dryer for cleaning personal protective equipment (PPE):

Summary:

The project will be a re-submission of the FEMA grant from last year, in which made it to the second tier but was denied due to FEMA's lack of funding. FEMA advised re-submitting it this year.

The grant submission will be for two items under equipment.

1. New commercial turnout gear extractor (washing machine). Our current extractor is twenty-three years old and is due for a replacement at the cost of approximately $20,000.00.

2. New turnout gear dryer. Currently. it is recommended that the gear be put into a dryer after washing to prevent mold and mildew and to dry them at a fast rate. The department does not have a dryer, therefore this application includes one at a cost of approximately $15,000.00.

Fiscal Impact: A 10% match by the city is required , approximately $3,500 if the grant is awarded.

Alternative Actions:

1. Do not allow the submission of the grant.

2. Council's discretion
Environmental Review: None.

Attachments: Quote for Washer and Dryer.

Упімас
Proposal for Weed City Fire Department
Tімаср
Bill To Ship To Quote #: Q-09436-1
Weed City Fire Department Weed City Fire Department Account # 128 Roseburg Pkwy Date: 11/25/2024
Weed, CA 96094 Expires On: 12/25/2024
United States United States Salesperson: Scott Mossholder Payment Terms: COD
Contact Information
Steve Duncan
[email protected]
530-938-5030

QTY SKU DESCRIPTION UNIT PRICE TOTAL NET
PRICE

1.00 UWT045N20MN050BA00 | UniMac 45lb Pocket Hardmount Washer- $13,692.75 $13,692.75 Extractor / M30/200-G / 440-480V/50-60Hz/3Ph /
3W(L1,L2,L3) /No Dispenser/No Heater/Prep Steam

1.00 UT075EVNORGA6W0000 UniMac 75lb Single Tumble Dryer / UniLinc Touch / $8,225.25 $8,225.25 OPTidry /Rev / White / 230-240V/50-60Hz/3Ph /
Electric

1.00 000000000044391004 KIT, ELECTRIC HEAT CONVERSION 75, change $608.40 $608.40 pols from 230-240/60/3 phase 1o 200-208/50/3

1.00 FI2023 Inbound Shipping & Handling from $1,580.00 $1,580.00 Manufacturer

2.00 IN2020 Wagilation labor within 3ft of machine Prevailing $3,695.00 $7,390.00

1.00 TRAVEL Travel Fee $995.00 $995.00

3.00 MISC2020 Overnight Lodging and Meals $250.00 $750.00 TOTAL: $33,241.40
Estimated Taxes
(Tax values are subject to change upon final invoice)
Total Tax (7.25%) USD 1,874.23
Grand Total USD 35,115.63
Budgetary Number for Grant. This job is Prevailing wage, replace Milnor washer, 440480/60/3phase with new washer, customer is responsible for all utilities for dryer and need to add utilities - Venting and electrical 200-208/60/3 phase for dryer. Will need pictures. Both piece of equipment are non returnable. Special Order.

West Region - Pittsburg Office West Region - Salt Lake City Office West Region - San Diego Office 162 Harbor Court 3838 South State So 4876 El Cajon Bivd Suite B Alliance® Pittsburg. CA 94565 | 800.464.6866 Salt Lake City, UT 84115 | 800.331.1130 San Diego, C4 92115 | 858.560.6969 Laundry Systems West Region - Pacific Northwest Office West Region - San Francisco Office West Region - South Gate Office 161 Starlite St, Suite B Distribution
12910 NE 125th Way B-3 12020 Garfieid Ave
Kirkland, WA 98034 | 800.505.0253 S. San Francisco, CA 94080: 650.871.03C0 South Gate, CA 90280 | 323.721.8832 West Region - Las Vegas Office
800.207.1234

CITY OF WEED CITY COUNCIL

REGULAR MEETING MINUTES
NOVEMBER 14, 2024
The City Council of the City of Weed held a regular meeting on Thursday, November 14, 2024, at 5:30 pm in the Council Chambers at City Hall. Mayor Darrell Parham called the meeting to order. Present, in addition to Mayor Parham, were Council Members Bob Hall, Mark Mazzoni, Ken Palfini, and Susan Tavalero. Also present were Interim City Manager Steven W. Baker, Assistant City Attorney Mackenzie Anderson, Police Chief Justin Mayberry, Finance Director Jill Porterfield, Public Works Director Chris Davis, Fire Chief Steve Duncan, and City Clerk Sandra Duchi III. ACCEPTANCE OF AGENDA/URGENCY ITEMS
Council Member Tavalero moved to accept the agenda. Council Member Hall seconded the motion, and the vote was:

AYES: Council Members Hall, Mazzoni, Palini, Parham, and Tavalero.

NOES: None
ABSENT: None
ABSTAIN: None
IV. NON-AGENDA PUBLIC COMMENT
Travis Owens from Strtok Media Group addressed the council regarding a potential festival.

V. COUNCIL MEMBER REPORTS AND COMMENTS
Council Member Hall reported it has been a honor to serve on the City Council for the past 16 years and cautioned the citizens of the funding struggles faced by the city for road maintenance and repair.

CoOuncil Member Tavalero reported that Mr. and Mrs. Claus will travel around town December 16, 17, and 18, 2024. Council Member Palfini reported North State Giving Tuesday will be December 3, 2024, and for citizens to please consider donating to their non-profit of choice. Council Member Parham reminded the community of the Christmas tree lighting Saturday November 30, 2024, from 5pm to 7pm with food vendors, and thanked the community for being patient during the current construction project.

VI. CONSENT AGENDA
Mayor Parham read the consent agenda and asked if any member would like to pull any items from the consent agenda. There were none and all items were considered inclusive.

A. Zoning = By Motion, Council considered second reading and adoption, by title only, of Ordinance No.477-2024 Zoning Text Amendments,
B. Public Works - By Motion, Council will consider adoption of Resolution No. 44-2024 adopting Public Works Policy 201 City of Weed Policy for Discontinuation of Residential Water Service for Non-Payment.

C. Public Works - By Motion, Council considered Resolution No. 45-2024 Recognizing National Arbor Day.

D. Administration - By Motion, Council considered Resolution No. 46-2024 Authorizing City Manager to Execute Changes to Agreements with Nationwide Retirement Solutions to Add Roth Contributions and Conversions and Other Options To The City's 457(B) Retirement Plan E. Police - By Motion, Council considered Resolution No. 47-2024 Recognizing Unanticipated Income F. and Amending the Fiscal Year 2024-2025 Budget to Authorize Expenditure(s)(COPS Spending Plan).

G. Administration - By Motion, Council considered authorizing the City Manager to execute the Community Development Block Grant Siskiyou County Protein and Produce Program Memorandum of Understanding.

H. City Clerk - By Motion, Approved minutes from October 10, 2024, Special and Regular Meeting(s).

I. Finance - By Motion, Approved payment warrants dated 10/09/2024 through 10/23/2024 including any voided warrants totaling $1,013,944.70.

J. Finance - By Motion, Approved and file month end report for October 2024.

Council Member Tavalero moved to approve the consent agenda. Council Member Hall seconded the motion, and the vote was: