CITY OF WILLIAMS City Council Agenda 810 E Street/P.O. Box 310, Williams, CA 95987 CITY COUNCIL COUNCIL CHAMBERS WEDNESDAYJULY17,2024 OPEN SESSION 6:00PM MEETING CAN BELIVESTREAMED WITH THE FOLLOWINGLINK: ttps//medaavcavcaptureallcloud/customerduid-d23ae512-286-470b-b4b1- aD65a0145ac28target-roosviewrthumbsetabs-pasttodaylupcoming A. CALLTOORDER B. ROLLO CALL C. PLEDGE OF ALLEGIANCE D. PUBLIC COMMENT This is an opportunity for the public to speak to the Council on any item other than those listed for public hearing on this Agenda. Speakers are requested to use the podium in front of the Council and to begin by stating their name, whether they reside in Williams and the name of the organization they represent if any. The mayor may impose a time limit on any speaker depending on the number of people wanting to speak and time available for the rest of the agenda. In the event comments are related to an item scheduled on the agenda, speakers should wait to make their comments until that item is considered. E. CONSENT These items are routine in nature and will be approved by a single action unless an individual Council Member or member of the public requests an item be removed from the consent calendar. for special consideration. 1. Approve the minutes of the Special City Council Meeting of June 5, 2024. 2. Direct the Review of the City's Conflict of Interest Code and the Filing of a Biennial Notice with the City Clerk Regarding such review, as required by the Political Reform Act. F. PUBLIC HEARING 3. Hold a public hearing and approve Resolution 24-10, a Resolution ofthe City of Williams approving Fiscal Year 2024-2025 Annual Levy of Assessments for Landscape and Lighting District No. 97-1. G. OLDBUSINESS 4. Receive Treasurers Investment Report and Monthly Register for May 2024. H. NEW BUSINESS 5. Adopt Resolution 24-11, a Resolution of the City of Williams calling a General Municipal Election for Election of Council Members, City Treasurer and City Clerk and requesting 6. Adopt three Resolutions to Place an Additional Half-Percent Special Sales Tax Measure Consolidation with the Statewide General Election. on the November 5, 2024 Ballot. Resolution 24-12: Calling for the Placement of a Special Tax Measure on the Ballot for the November 5, 2024 General Municipal Election for the Submission to the Qualified Voters of an Ordinance Amending Chapter 3.18 of Title 3 (Revenue and Finance) to Increase the Rate of the City's Transactions and Use Tax from One-Half Percent (1/2%) to One Percent (1%) and Making other Conforming Amendments. Resolution 24-13: Requesting the Board of Supervisors of the County of Colusa to Consolidate a General Municipal Election to be held on November 5, 2024 with the Statewide Primary Election to be Held on that Date Pursuant to Elections Code Resolution 24-14: Providing for the Filing of Primary and Rebuttal Arguments and Setting Rules for the Filing of Written Arguments Regarding a City Measure to be Section 10403. Submitted at the November 5, 2024 General Municipal Election. I. REPORTS 1. City Attorney J. COUNCIL REPORTS AND COMMITTEE UPDATES 1. Council Member Parsons 2. Council Member Belmontes-Leyva 3. Council Member Dunlap 4. Council Member Sellers, Jr. 5. Council Member Mendoza K. STAFF GENERAL REPORTS AND DISCUSSION 1. City Administrator 2. Police Chief 3. Fire Chief 4. City Planner 5. City Engineer 6. Finance Director L. ADJOURNMENT I, Mariana Pineda, City Clerk for the City of Williams, declare that the foregoing Agenda for the July 17, 2024, Regular Meeting oft the Williams City Council was posted on Friday July 12, 2024, at the office oft the City of Williams, 810E ESt., Williams, California, 95987 and was available for public review at that location. Dated: July 12, 2024 omona Rnoh Mariana Pineda, City Clerk Inc compliance with the Americans with Disabilities Act, persons needinga a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, may contact City Clerk Mariana Pineda, at (530) 473-2955 or (530)235-3276 byf fax at (530) 473-2445 or by email to mpnclngeiyohwilamsorg atl least 48 hours prior tot the meeting. 2024CITYCOUNCILMEETING SCHEDULE January 17,2024 February: 21,2024 March 20, 2024 April 17,2024 May 15, 2024 June 19, 2024 July 17,2024 August 21, 2024 September 18, 2024 October 16, 2024 November 20, 2024 December 18, 2024 CITY OF WILLIAMS DATE: July 17,2024 ITEM: 1. CATEGORY: Consent City Council Agenda Report SUBJECT: Consent RECOMMENDED ACTION Iti is Recommended that Council Approve the following: Approve Minutes oft the Special Meeting of. June 5, 2024. Reviewed and submitted by: Attachments: (1) Frank Kennedy, City Administrator CITY OF WILLIAMS Special City Council Minutes 810 E Street/P.O. Box 310, Williams, CA 95987 CITY COUNCIL COUNCIL CHAMBERS WEDNESDAY, JUNE5 5,2 2024 OPEN SESSION 6:00PM CALL TO ORDER: Mayor Parsons called the regular meeting to order at 6:05 pm. ROLLCALL: Council Members present, Maria Belmontes-Leyva, Don Parsons, Alfred Sellers, Jr., Roberto Mendoza. Council Member Kate Dunlap was absent. PLEDGE OF ALLEGIANCE: Mayor Parsons invited everyone to join him in the Pledge of Allegiance. PUBLIC COMMENT: No public comment at this time. NEW BUSINESS 1. Adopt findings supporting an exception to the competitive bidding process; authorize the City Administrator to negotiate al loan agreement with" The Morning Star Company; approve budgetary increase for street fund appropriations totaling $567,806 and authorize the City Administrator to negotiate a contract with All-American Construction, Inc to construct the Morning Star Old Highway 99 project. DISCUSSION: Colt Esenwein, Public Works Director gave background on why they are bringing this to them. Morning Star and some Council members have expressed concerns about the poor condition of the road leading to the Morning Star plant, particularly during harvest season. The road is near failure, requiring frequent patching to make it passable at low speeds. The city has marked it as ar rough road with a slow speed limit. After years of discussing repairs, Morning Star proposed a partnership with the City to fix the road. The City agreed, and the finance committee approved the project before Council. The proposed project includes repairing two lanes from the south city limits tol Husted, as well as a right turn pocket from Husted onto Highway 99. Areas north of Husted and the westbound lane on Husted are excluded since they will be addressed by the Maverick development project. The repair involves ai three-inch grind and overlay with fabric and a significant dig out for the The upcoming Harvesting season's traffic is expected to exacerbate the condition, likely causing the road to fail completely. Given the time constraints, there is insufficient time to complete a public works bidding process and construct the repair project before the end ofJuly. Staffi is recommending right turn pocket. that City Council authorize City Administrator to negotiate al loan agreement the Morning Star Company and approve budgetary increases for the street fund negotiations, appropriations, totaling $567,806. That's more than what the contract is because the contract was based on quantity, unit quantities, and sO it's an estimate, it needs 10% contingency to make sure that we can complete the project within the authority of the Council. And then also as aj part oft that recommendation is that you authorize City Administrator and negotiate a contract with all American construction to construct the project and approve any and all necessary actions to carry out the purpose intent oft this recommendation. Council Member Belmontes-Leyva asked ift there is a monthly installment to be paid or is there an Colt, stated that it was clear in the letter received it seemed pretty open ifhowever if Council has a Council Member Sellers, Jr. asked ift three inches would be sufficient enough for that road since that Colt advised that Old Highway 99 is composed oft two pavement sections: aggregate concrete and asphalt. The visible asphalt is on top oft the concrete. Removing more than three inches of asphalt is problematic because it would expose the concrete, and grinders cannot handle concrete. Special treatment is required for sections where concrete panels have lifted. The project involves removing three inches of asphalt, adding al leveling course, fabric, and a three-quarter inch asphalt lift. Council Member Mendoza asked what the warranty is given on this project. option to within that three-year period without interest? particular wish on how it gets paid, that's what will be done. road is very beat up. Colt stated that the contractor will provide a one-year warranty on their workmanship and the strength oft the materials used. There will be no warranty for the road regarding the loads that travel on it, as the road isn'tb built for the heavy traffic it experiences. In his opinion the repairs should last a long Council Member Mendoza stated that he feels that the citizens are going to be asking council later Council Member Sellers, Jr. stated that over the years it had been discussed that Morning Star and the City will share in the cost of repairing the road. However, he feels that the City is taking it all. Morning Star is not directly paying for the road repair. They are just loaning the money with no James Sherwood, Commercial Director of Morning Star, acknowledges the severe safety issues with the road under the City of Williams' jurisdiction. Morningstar is contributing to repair costs with a five-year reimbursement proposal, offering interest-free terms ifi reimbursed within three years. Sherwood emphasizes the importance of a safe roadway for business operations and community safety, highlighting the collaboration with Williams and the necessity of immediate repairs for both employees and residents. He reassures that extensive discussions and investigations ensure the road's time. down the road why they didn'task questions on warranties. interest. longevity, though future maintenance may be needed. Council Member Sellers, Jr. stated tol Mr. Sherwood that he is very familiar with that road and the severity of the road. He stated that the majority oft the usage ofthat road is predominantly used by Morning Star SO shouldn'tthey bear responsibility to fixi it. 2 Mr. Sherwood responded the road has been patched over the last 30 plus years and not properly repaired, which is why it's ini its current condition. Morning Star is al business entity that also contributes back to the city from a1 tax standpoint. This repair is necessary now: for safety reasons, which is why Morning Star is willing to advance 100% oft the repair costs through this reimbursement Certainly, there is a lot of other traffic on that road. Right now, people avoid using it. Hopefully, when it's repaired, people will feel comfortable using it again. This will benefit all citizens of Williams and other businesses in the region off Highway 5. As the city continues to develop, it will be a major benefit to the city and its projects as they expand the city's influence. This will benefit the Council Member Belmontes-Leyva thanked Mr. Sherwood for attending and answering all questions. She asked what actions Morning Star can take to protect the City'si investment toj prevent raid damage Mr. Sherwood acknowledges the importance of protecting the City's investment in road repairs and mentions that Morning Star's use of the roads will hopefully generate more tax revenue for the City over the next 20 years. He expresses confidence in the contractor's assurances that the repaired roadway will hold up well. Mr. Sherwood sees this repair as a long-term investment for the community, benefiting many stakeholders. He emphasizes that addressing safety issues on the current road is crucial to mitigate potential liabilities for the city. Despite not providing specific actions, he believes that the comprehensive repaving process planned will significantly extend the road's lifespan Greg Ponciano, resident of Colusa, also a colleague at Morning Star acknowledges the long-standing disrepair ofOld Highway 99 in front of] Morning Star. He emphasizes that Morning Star does not blame the city for the road's condition, understanding the challenges with state: funding for road maintenance. Morning Star has proposed a public-private partnership to address the road's safety issues, not for cosmetic reasons but out of genuine concern for employee safety. Mr. Ponciano highlights Morning Star's commitment by offering half a million dollars at no interest for three years, aiming to foster a collaborative and ongoing partnership with the City of Williams. agreement. entire city. Morningstar will also benefit as it operates within the city limits. to the road. and protect the city's interests. ACTION: Council Member Belmontes-Leyva made ai motion to. Adopt findings supporting an exception to the competitive bidding process; authorize the City Administrator to negotiate al loan agreement with The Morning Star Company; approve budgetary increase for street fund appropriations totaling $567,806 and authorize the City Administrator to negotiate a contract with All-American Construction, Inc to construct the Morning Star Old Highway 99 project. A Second by Council Member Mendoza. ADJOURNMENT: Mayor Parsons adjourned the City Council meeting at 6:301 PM. Don Parsons, MAYOR Mariana Pineda, City Clerk 3 CITY OF WILLIAMS DATE: July17,2024 ITEM#: 2. CATEGORY: Consent City Council Agenda Report SUBJECT: BIENNIAL REVIEW OF THE CITY'S CONFLICT OF INTEREST CODE SUMMARY: The proposed action is pursuant to the requirements set forth in section 87306.5 ofthe Political Reform Act and placed upon the City Council as the Clity'scode-reviewing body. BACKGROUND AND DISCUSSION: The Political Reform Act of1 1974, Government Code Section 81000 et seq. (the "Act"), requires all public agencies to adopt and maintain a conflict- of-interest code. The primary effect oft the code is to establish disclosure requirements for various government positions involved in the requisite level of decision-making as set forth in the Act. The Act requires each city to adopt a local conflict ofinterest code designating city positions not otherwise designated in the. Act itself, that are involved ini making or participating The Act further requires that agencies, including cities, regularly review and update their codes as necessary as directed by their code-reviewing bodies or when change is necessitated by The Act provides that no later than July 1 of each even-numbered year, code-reviewing bodies shall direct the review of all agency codes under their jurisdiction and requires that the agency head, no later than October 1, shall file a statement regarding the results of that review. The City Council is the code-reviewing body for the City's Code and on or before July 1 it must direct the biennial review of the City's Conflict of Interest Code ("Code"). (Gov. Code S The Act also requires that the City Manager file a statement regarding the results of the review no later than October 1 of the same year. Ifa change in the Code is necessitated by this review, itn must be submitted to the City Council for approval within ninety (90) days oft the filing of the Local Agency Biennial Notice with the City Clerk. (Gov. Code $ 87303, 87306.5) int the making ofc city decisions at all levels of city government. changed circumstances. (Gov. Code SS 87306, 87306.5.) 82011(c), 87306.5) FISCAL IMPACT: None. RECOMMENDATION: It is recommended that the City Council direct the review of the City's Conflict of Interest Code and the filing of a Biennial Notice with the City Clerk regarding such review, as required by the Political Reform Act. Prepared by: Ann Siprelle Submitted by: Frank Kennedy, City Administrator Attachments (1) Conflict of Interest Code LAW OFFICES OF BEST BEST & KRIEGER LLP CONFLICT OF INTEREST CODE OF THE CITY OF WILLIAMS September 2020 82276.0000332562003 LAW OFFICES OF BEST BEST & KRIEGER LLP CONFLICT OF INTEREST CODE OFTHE CITY OF WILLIAMS (Amended October 21, 2020) The Political Reform Act (Gov. Code S 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code Regs. S 18730) that contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency's code. After public notice and hearing Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, the attached Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Williams (the "City"). The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, may electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City's Filing Officer. The City Clerk shall retain the original statements filed by all other officials and designated positions and make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code S 81008.) September 2020 822760000032562003 LAW OFFICES OF BEST BEST & KRIEGER LLP APPENDIX CONFLICT OF INTEREST CODE OFTHE CITY OF WILLIAMS (Amended October 21, 2020) PART "A" The Mayor, Members of the City Council and Planning Commission, the City Manager and/or City Administrator, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments as defined by 2 Cal. Code of Regs. S 18700.3, are NOT subject to the City's Code but must file disclosure statements under Government Code section 87200 et seq.). [Regs. S 18730(b)(3)) OFFICIALS WHO MANAGE PUBLIC INVESTMENTS It has been determined that the positions listed below are officials who manage public investments.' These positions are listed here for informational purposes only. Director of Finance Investment Consultant Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by S 87200. September 2020 APP.A-1 82276.0000032562003 LAW OFFICES OF BEST BEST & KRIEGER LLP DESIGNATED POSITIONS GOVERNED BY THE CONFLICT OF INTEREST CODE DESIGNATED POSITIONS TITLE OR FUNCTION DISCLOSURE CATEGORIES ASSIGNED City Planner Assistant Civil Engineer Assistant Finance Officer Building Inspector City Clerk City Engineer Deputy City Clerk Director of Parks & Recreation Director of Public Works Management Analyst Police Chief Police Services Manager Water Division Manager 2,3,5,6 1,2 4 2,3,5,6 1,2 5 1,2 5 5 2,3,5,6 4 5 5 2,3,5,6 City Attorney (not filing under GC 87200) September 2020 APP.A-2 82276.0000332562003 LAW OFFICES OF BEST BEST & KRIEGER LLP MEMBERS OF BOARDS, COMMITTEES AND COMMISSIONS Parks & Recreation Commissioners 1,2 Consultants and New Positions? Individuals serving as a consultant as defined in FPPC Reg 18700.3(a) or in a new position created since this Code was lasted approved that make or participate in making decisions must file under the broadest disclosure category seti forthi in this Code subject to thet following limitation: The City Administrator may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code Sec. 82019; FPPC Regs 18219 and 18734.) The City Administrator's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code Sec. 81008.) September. 2020 APP.A-3 822760000332562003 LAW OFFICES OF BEST BEST & KRIEGER LLP PART "B" DISCLOSURE CATEGORIES The disclosure categories listed below identify the types of economic interests that the designated employee must disclose for each disclosure category to which he or she is assigned.3 "Investment" means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in, doing business in, planning to do business in, or have done business during the previous two years in thej jurisdiction of the City. and sources of income, including gifts, loans and travel payments, that are located in, Category_1: All investments and business positions in business entities, Category2: All interests in real property located in whole or in part do business in, or own real property within the jurisdiction of the City. within, or not more than two (2). miles outside, the jurisdiction of the City, including any leasehold, beneficial or ownership interest or option to acquire property. Category 3: All investments and business positions in business entities, and sources of income from, business entities that are engaged in land development, construction, or the acquisition or sale of real property within the jurisdiction of the City. and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by Category 4: All investments and business positions in business entities, the City. Category 5: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position's department. Category 6: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, or licensing authority of the designated position's department, unit of division. This Conflict of Interest Code does not require the reporting of gifts from outside this agency's jurisdiction ift the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1) September. 2020 APP. B-1 82276.0000032562003 CITY OF WILLIAMS DATE: July 17,2024 ITEM: 3. City Council Agenda Report CATEGORY: Public Hearing SUBJECT: ADOPT RESOLUTION 24-10, APPROVING FISCAL YEAR 2024- 2025 ANNUAL LEVY OF ASSESSMENTS FOR LANDSCAPE AND LIGHTING DISTRICT NO.97-1 BACKGROUND Each year the City is required to complete the steps to approve an annual assessment in the Williams Landscape and Lighting Assessment District No. 97-1 (LLAD) that provides the revenue necessary for the maintenance of the landscape and lighting improvements in the Valley Ranch subdivision. Initiation of the process requires that Council pass a Resolution declaring intent to levy an assessment on the District, adopt an Engineer's Report for the District, and set a public hearing. On June 19, 2024, City Council set the public hearing for July 17,2024. DISCUSSION Pursuant to the Streets and Highways Code Section 22621, the Landscape and Lighting Act of 1972, proceedings for the renewing and revising the assessments for the District commence with the Council declaring its intent to start proceedings to renew and revise the assessment. This includes Council declaring its intent to levy assessments, and setting a public hearing date. The proposed public hearing date is to be held at the Council's Wednesday, July 17, 2024 meeting. No new Engineers report is required as the District did not expand its boundary and did not add any new parcels during the past year. There are a total of 577 parcels in the Assessment District of which 576 are assessed. This will allow the District to save administrative costs by basing its data on the Lighting and Landscaping Engineers report which was adopted June 19, 2013. The Engineer's Report accounts for all costs required for the maintenance of the District facilities, lighting and landscaping. It also included the calculation sharing the costs over all properties in the District as an annual assessment. The maintenance and operation of the District is managed The specific language in the original Engineer's report states that for each fiscal year after 1998- 1999, the per parcel assessment rate for Assessment Zone No. 1 shall be adjusted by the percentage change in the Consumer Price Index (CPI) for the State of California, as reported for the last day of that annual period by the Bureau of Labor Statistics. This statement makes the The CPI index figures are taken from the United States Bureau of Labor Statistics. The West Urban CPI index results in a 4.29% or $9.48 increase. This would raise the Per Parcel Assessment Rate from $220.76 per year to $230.24 per year. The County requires that any assessment by the Public Works Department. annual CPI adjustment mandatory. provided to them end in even cents to accommodate any parcel splits. FISCALIMPACTS The increase in CPI for the Lighting and Landscape District will increase the District's projected revenues from $127,158 per year to $132,618 per year. These revenues are expected to be fully utilized by the operations of thel Lighting and Landscape District. RECOMMENDATION Itis recommended that the City Council adopt Resolution 24-10, "Resolution of the City Council oft the City of Williams Providing for the Fiscal Year 2024-25 Landscape and Lighting Assessment District no. 97-1 Annual Levy of Assessments. The City Council will need to recommend whether the San Francisco Region CPI Index or the West Urban Region Index will be utilized. Prepared by: Submitted by: Jorge Carmona, Assistant Finance Officer Frank Kennedy, City Administrator Attachments: Resolution No. 24-10 RESOLUTION 24-10 Al RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLIAMS, CALIFORNIA PROVIDING FOR THE FISCAL YEAR 202425LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 97-1 ANNUAL LEVY OF ASSESSMENTS WHEREAS, the City Council of the City of Williams has initiated proceedings for the annual levy ofthea assessments forastreet lighting and landscaping district pursuant tot thet terms and provisions ofthe Landscaping and Lighting Act of1972," being Division 15, Part 2 oft the Streets and] Highways Code ofthe State ofCalifornia, Article XIII Dofthe California Constitution, and the Proposition 218 Omnibus Implementation Act (commencing with California Government Code Section 53750)( (collectively the "Law"), in what is known and designated as LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 97-1 ("District"); and WHEREAS, the City Council notes that noi new Engineer'sl Report isi required ast thel District WHEREAS, the City Council adopted resolution 24-07, INITIATING ASSESSMENT PROCEEDINGS, DECLARING THE INTENT TO LEVY ASSESSMENTS AND SETTING A PUBLIC HEARING DATE FOR LANDSCAPE ANDLIGHTING DISTRICTI NO. 97-1; and WHEREAS, the City didj proceed to give notice tot the time and place for ap publicl hearing on all matters relating to said annual levy ofthe proposed assessment in accordance with thel Law; and WHEREAS, at this time this City Council has heard all testimony and evidence, and is NOW, THEREFORE, BE IT RESOLVED by the City Council oft the City of Williams, did not expand its boundary and did not add any new parcels during the past year; and desirous of proceeding with said annual levy of assessments. California: SECTION1. That the above recitals are all true and correct. SECTION2. That noi new. Engineer'sl Report ist required as the District did not expand its boundary and did not add any new parcels than those contained in the previously adopted Engineer'sl Report. That the City Council hereby confirms the assessment and orders the annual levy oft the assessment for landscape and street lighting purposes for Fiscal Year 2024-25 and int the amounts as set forthi in the resolution! 24- INITIATING ASSESSMENTF PROCEEDINGS, DECLARINGTHE: INTENT TOLEVY ASSESSMENTS AND SETTING A PUBLIC: HEARING DATE FOR LANDSCAPE SECTION: 3. That the adoption of this Resolution constitutes the levy of the assessment for the AND LIGHTING DISTRICTI NO.9 97-1. Fiscal Year 2024-25. This assessment is going to be $230.24 per parcel. SECTION 4. That the maintenance ofimprovements contemplated by the Resolution ofIntention Page 1of2 shall be performed pursuant to law and the County of Colusa Auditor shall enter on the County of Colusa Assessment Rolli the amount ofthe assessment and: said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by the County of Colusa, the net amount of the assessment shall be paid to the City of Williams. SECTION 5. That the Finance Officer has established a special fund known as the WILLIAMS LANDSCAPE, ANDLIGHTING DISTRICTNO.97-1, into which the City shall place alli monies collected by the County ofColusa Tax Collector pursuant to thej provisions of this Resolution and Law, and said transfers shall be accomplished as soon as saidi monies have been made availablet to the SECTION 6. That the City Clerk is hereby ordered and directed to file a certified copy of this SECTION7. That a certified copy ofthe previously adopted Engineer' s Report and assessment roll shall be filed int the office ofthe City Administrator, with a duplicate copy on file in the office oft the City of Williams. Resolution upon its adoption. City Clerk and open for public inspection. ADOPTED by the City Council of the City of Williams, California, at a regular meeting thereof held this 17th day of July, 2024, by the following roll call vote to with: AYES: NOES: ABSTAIN: ABSENT: APPROVED: Don Parsons, Mayor ATTEST: APPROVED AS TO FORM: Mariana Pineda, City Clerk Anne Siprelle, City Attorney Page 2 of2 CITY OF WILLIAMS DATE: July 17,2024 ITEM#: 4. CATEGORY: Old Business City Council Agenda Report SUBJECT: Treasurer's Investment Report and Monthly Register - May 2024 BACKGROUND: The attached report provides the most current information on the City's investments and the check register report for May 2024. The source of this information is provided monthly by various financial institutions. The deposits and investments described in the attached report, comply with The City invests its surplus funds in various financial institutions in accordance with the City's approved investment policy. The City's surplus funds are held in the Local Agency Investment Fund and California CLASS which are part of a Pooled Money Investment Accounts (PMIA) with other Based on current budget projections, the City's cash liquidity is sufficient to cover the expenditures The attached report provides the most current information on the City's investments. The deposits and investments described int the attached report, comply with the City's Investment Policy. the City's Investment Policy. DISCUSSION: participating governmental agencies. anticipated for the next six months. RECOMMENDED ACTION: Staffi recommends that City Council accept the monthly Treasurer's Investment and Register Reports. Prepared and submitted by: Rex Greenbaum, Finance Director Attachment(s): Treasurer's Monthly Cash Summary and Check Register Reports CITY OF WILLIAMS SUMMARY OF CASHA AND INVESTMENTS As of May 31, 2024 CASH ACCOUNTS US Bank- Business Checking US Bank- General Checking (City Treasury) $ 78,476 $ 895,060 973,536 Total Cash Interest 4.33% 5.39% Total Investments Cash & Investments INVESTMENT PORTFOLIO Description Local Agency Investment Fund (LAIF) California CLASS Funds 3,289,019 8,725,428 12,014,447 12,987,983 General Fund Apportionment of Cash & Investments Oft the total Cash & Investments, the amount belonging to the General Fund was as follows: General Fund Cash & Investment Balances Less Storm Drain Deficit (Fund 273) Less Street Deficit (Fund 290) 9,068,381 $ (1,309,878) $ 7,758,503 $ (104,578) $( (1,205,300) Total Deficits Net General Fund Balances Yield Comparison May-23 June-23 July-23 August-23 September-23 October-23 November-23 December-23 January-24 February-24 March-24 April-24 May-24 Average Monthly Rate CACLASS LAIF Variance 5.15% 2.99% 5.23% 3.17% 5.29% 3.31% 5.45% 3.43% 5.48% 3.53% 5.51% 3.67% 5.55% 3.84% 5.54% 3.93% 5.50% 4.01% 5.44% 4.12% 5.42% 4.23% 5.40% 4.27% 5.39% 4.33% 5.41% 3.76% 2.16% 2.06% 1.99% 2.01% 1.94% 1.84% 1.70% 1.61% 1.49% 1.32% 1.19% 1.13% 1.06% 1.65% The Deposits and investments described above comply with the adopted City of Williams Investment Policy. Prepared and Submitted by: Rex. J. Greenbaum, Finance Director UAOfficerCouncil CommunicationslFY20241reasurers ReportF FY20241May 20241 Investment Detailf for7 7.17.24 Meeting.x xis)May2 2024 CITY OF WILLIAMS FINANCE DEPARTMENT Report Criteria: Print Sequence Detail Journal Code.. Journal code = "CDA" Transaction.Amount: >0 Journal Check Register- Treasurer Rpt 05/24( (05/31/2024)to 05/24 (05/31/2024) Page:1 Jun 12,2 2024 11:48AM Check Date Number 05/08/2024 49588 05/08/2024 49589 05/08/2024 49590 05/08/2024 49591 05/08/2024 49593 05/08/2024 49594 05/08/2024 49595 05/08/2024 49598 05/08/2024 49599 05/08/2024 49600 05/08/2024 49601 05/08/2024 49602 05/08/2024 49603 05/08/2024 49604 05/08/2024 49605 05/08/2024 49606 05/08/2024 49608 05/08/2024 49609 05/08/2024 49611 05/08/2024 49612 05/08/2024 49613 05/22/2024 49615 05/22/2024 49616 05/22/2024 49620 05/22/2024 49624 05/22/2024 49625 05/22/2024 49626 05/22/2024 49627 05/22/2024 49628 05/22/2024 49631 05/22/2024 49637 05/22/2024 49638 05/22/2024 49639 05/22/2024 49642 05/22/2024 49643 05/22/2024 49644 05/22/2024 49645 05/22/2024 49647 05/22/2024 49648 05/22/2024 49649 05/22/2024 49650 05/22/2024 49651 05/22/2024 49653 05/22/2024 49654 05/22/2024 49657 05/22/2024 49658 05/22/2024 49660 05/22/2024 49661 05/22/2024 49662 05/22/2024 49665 05/22/2024 49666 05/22/2024 49667 05/22/2024 49668 Check Amount 169.74 203.44 1,615.71 253.48 Bldg Fees tot the state 316.16 84.00 Permit Fee 124.00 225.16 Printers 198.00 MASA 54.13 736.47 10,338.31 103.79 3,121.50 1,838.53 2,584.92 102.92 80.00 1,202.83 195.00F PoliceDept Supplies 1,122.52 858.97 2,998.28 308.23 4,749.75 PoliceDept/City Hall 700.00 Sounds System Purchase 275.46 775.31 30,175.42 AnimacontroDispatch Services 487.87 61.80 284.27 PDE Exhaust Fan 97.88 Tactical Riflel Inst. 57.67 128.38 3,810.25 82.33 25.46 2,457.00 2,505.67 57.20 45.00 2,141.62 Pool/Water Chemicals 77.36 415.00 363.50 75.00 1,352.27 211.02 668.52 Public) Works Uniforms 552.20 876.33 1,378.62 Payee or Description CDA ADVANCEDI DOCUMENT CDA AMAZON CAPITAL SERVICES CDA AMERICANI FIDELITY ASSURANCE CDA CAE BUILDING: STANDARDS COMM. CDA CITY OF WILLIAMS CDA COLUSA COUNTY ENVIRONMENTAL HEALTH CDA COLUSA COUNTY SHERIFF'S OFFICE CDA MACQUARIE EQUIPMENT CAPITAL INC CDA MEDICAL AIR SERVICES ASSOCIATION CDA MT SHASTA SPRING WATER CDA MUNISERVICES CDA PACIFIC GAS &ELECTRIC CO CDA PEERLESSI NETWORKI INC CDA PRECISIONI BUSINESS ASSOC., INC CDA RACE COMMUNICATIONS CDA RAMOS OIL COMPANY, INC. CDA REIMBURSEMENT CDA SORENSON PEST CONTROL, INC. CDA USBANKI NATIONAL: ASSOCIATION CDA VALLEY TOXICOLOGY: SERVICE, INC CDA VERIZON WIRELESS CDA AMAZON CAPITAL SERVICES CDA AMERITASI LIFEI INSURANCE CORP CDA ARAMARK UNIFORM SERVICES INC CDA CARVALHO'SI HEATING& CDA CITIZENS FOR/ ABETTERI WILLIAMS CDA CLOSE LUMBER CDA COLUSA COUNTYF FARM: SUPPLY, INC CDA COUNTY OF COLUSA CDA DERODAI INC CDA INLANDE BUSINESS! SYSTEMS CDA KINNEY ELECTRIC, INC CDA LASSEN COMMUNITY COLLEGE CDA MIDI VALLEYA AUTO CARE CDA MT SHASTA SPRING WATER CDA PACEE ENGINEERING, INC CDA PACIFIC GAS &E ELECTRIC CO CDA PETTY CASH/POLICE DEPT. CDA PRECISIONI BUSINESS ASSOC., INC CDA RAMOS OIL COMPANY, INC. CDA RECOLOGY BUTTE COLUSA COUNTIES CDA REFUND CDA SCPI DISTRIBUTORS LLC CDA SHOPN NS SAVEI MARKET CDA SORENSONI PEST CONTROL, INC. CDA TEXAS LIFE INSURANCE COMPANY CDA TRANSUNIONI RISK AND ALTERNATIVE CDA USE BANKI NATIONAL ASSOCIATION CDA UNUMI LIFEI INS. COMPANY OF AMER CDA VESTIS CDA VISIONS SERVICER PLAN (CA) CDA WILLIAMSI HARDWARE, INC. CDA PRECISION! BUSINESS ASSOC., INC CITY OF WILLIAMS FINANCE DEPARTMENT Journal CDA REFUND CDA HOUSING TOOLS LLC CDA REGIONALI HOUSING AUTHORITY CDA PACIFIC GAS &E ELECTRIC CO CDA LDAF PARTNERSI DESIGNERS &/ ARCHITECTS CDA PACIFIC GAS &E ELECTRIC CO CDA DEWBERRY ENGINEERS INC CDA ADVANCEDI DOCUMENT CDA MACQUARIE EQUIPMENT CAPITAL INC CDA PACIFIC GAS &E ELECTRIC CO CDA PRECISIONI BUSINESS ASSOC., INC CDA RACE COMMUNICATIONS CDA USE BANK NATIONAL ASSOCIATION CDA VERIZON WIRELESS CDA ALPHA ANALYTICAL LABORATORIES CDA AQUA-METRIC SALES CO CDA ARAMARK UNIFORM SERVICES INC CDA BATTERIES PLUS BULBS CDA DERODAI INC CDA FASTENAL CDA M&KI HARVESTING EQUIPMENT CDA MIDI VALLEY AUTO CARE CDA PACE ENGINEERING, INC CDA RAMOS OIL COMPANY, INC. CDA SCPI DISTRIBUTORS LLC CDA SNL GROUPI INC CDA SORENSONI PEST CONTROL, INC. CDA USBANKI NATIONAL ASSOCIATION CDA VESTIS CDA WILLIAMS HARDWARE, INC. CDA PRECISIONI BUSINESS ASSOC., INC CDA ADVANCEDI DOCUMENT CDA CASELLE, INC. CDA MACQUARIEI EQUIPMENT CAPITAL INC CDA PACIFIC GAS &E ELECTRIC CO CDA PRECISIONI BUSINESS/ ASSOC., INC CDA RACE COMMUNICATIONS CDA SPG SOLAR FACILITYXLLC CDA VERIZONY WIRELESS CDA ALPHA ANALYTICAL LABORATORIES CDA AMAZON CAPITAL SERVICES CDA AQUAFIX CDA AQUATICI BIOASSAY& CDA ARAMARK UNIFORM SERVICES INC CDA CARVALHO'S HEATING& CDA DAVIES OIL COMPANY INC CDA DERODAI INC CDA GRAINGER CDA HACH COMPANY CDA PACEE ENGINEERING, INC CDA PERI DIEM CDA RAMOS OIL COMPANY, INC. CDA ROBINSONI ENTERPRISES, INC. CDA SHOPN NS SAVE MARKET CDA SOLENIS, LLC CDA SORENSONF PEST CONTROL, INC. CDA THOMAS AND/ ASSOCIATES CDA USBANKI NATIONAL ASSOCIATION Check Register- Treasurer Rpt 05/24 (05/31/2024)to 05/24 (05/31/2024) Page:2 2 Jun 12, 2024 11:48AM Check Date Number 05/22/2024 49669 05/08/2024 49596 05/08/2024 49607 05/08/2024 49602 05/22/2024 49640 05/22/2024 49645 05/22/2024 49632 05/08/2024 49588 05/08/2024 49598 05/08/2024 49602 05/08/2024 49604 05/08/2024 49605 05/08/2024 49611 05/08/2024 49613 05/22/2024 49614 05/22/2024 49618 05/22/2024 49620 05/22/2024 49622 05/22/2024 49631 05/22/2024 49633 05/22/2024 49641 05/22/2024 49642 05/22/2024 49644 05/22/2024 49649 05/22/2024 49653 05/22/2024 49657 05/22/2024 49661 05/22/2024 49665 05/22/2024 49667 05/22/2024 49668 05/08/2024 49588 05/08/2024 49592 05/08/2024 49598 05/08/2024 49602 05/08/2024 49604 05/08/2024 49605 05/08/2024 49610 05/08/2024 49613 05/22/2024 49614 05/22/2024 49615 05/22/2024 49617 05/22/2024 49619 05/22/2024 49620 05/22/2024 49624 05/22/2024 49630 05/22/2024 49631 05/22/2024 49634 05/22/2024 49636 05/22/2024 49644 05/22/2024 49646 05/22/2024 49649 05/22/2024 49652 05/22/2024 49654 05/22/2024 49656 05/22/2024 49657 05/22/2024 49659 05/22/2024 49661 Check Amount 250.00 1,425.00 Planning Home Monitoring Services 3,000.00 Home Compliance MonitoringFee 9.85 12,607.50 4707Street! Evaluation! Fee 10.18 40,121.29 Project SR20 & Marguerite St 24.90 56.29 13,777.97 520.25 306.42 73.99 297.67 382.00 3,385.64 55.36 213.25 29.22 115.68 7.79 2,161.68 24,724.84 Well 11 Improvement 652.80 2,131.81 120.00 600.68 166.08 22.70 141.34 24.85 1,079.00 56.29 465.75 520.25 306.42 12,702.80 375.90 1,458.00 424.28 867.82 WWTP Gallon Containers 1,905.00 chemicals 60.87 220.00 WWTPAC 275.92 22.89 610.96 Collections Traffic Sign 12,180.56 WWTP Repairs 943.00 WWTP Asr needed Services 153.54 1,027.64 5,644.17 66.21 4,805.70WWIP Chemicals 70.00 769.00 WWTPI Radiall Roller Bearing 623.79 Payee or Description 05/22/2024 49655 513,666.71 Well11Pmt#7 CITY OF WILLIAMS FINANCE DEPARTMENT Journal CDA USABLUE BOOK CDA VESTIS CDA WILLIAMSI HARDWARE, INC. CDA PRECISIONI BUSINESS, ASSOC., INC CDA CITY OFV WILLIAMS CDA PACIFIC GAS &E ELECTRIC CO CDA PACIFIC GAS &E ELECTRIC CO CDA PACIFIC GAS &E ELECTRIC CO CDA AMAZON CAPITAL SERVICES CDA BENNETTI ENGINEERING: SERVICES CDA COLUSA COUNTY FARMS SUPPLY, INC CDA CRAFCO INC CDA DERODAI INC CDA GRAY ROCK1 TRUCKING, INC CDA M&KH HARVESTINGI EQUIPMENT CDA MIDI VALLEY AUTO CARE CDA RAMOS OIL COMPANY, INC. CDA USE BANKN NATIONALI ASSOCIATION CDA VALLEY ROCKI PRODUCTS INC CDA WILLIAMSI HARDWARE, INC. CDA AXON ENTERPRISE INC CDA JOHNE BENOIT Grand Totals: Check Register- Treasurer Rpt 05/24 (05/31/2024)to 05/24 (05/31/2024) Page: 3 Jun1 12, 2024 11:48AM Check Date Number 05/22/2024 49663 05/22/2024 49665 05/22/2024 49667 05/22/2024 49668 05/08/2024 49593 05/08/2024 49602 05/22/2024 49645 05/08/2024 49602 05/22/2024 49615 05/22/2024 49623 05/22/2024 49627 05/22/2024 49629 05/22/2024 49631 05/22/2024 49635 05/22/2024 49641 05/22/2024 49642 05/22/2024 49649 05/22/2024 49661 05/22/2024 49664 05/22/2024 49667 05/22/2024 49621 05/08/2024 49597 Check Amount 329.13 182.61 208.75 141.34 112.46 1,481.99 121.72 3,931.69 323.85 19,687.06 E Street Complete Street 851.27 8,202.03 Street Repairs 82.54 1,225.00 Trucking 448.99 631.50 2,901.04 162.78 674.98 67.05 428.57 9,355.93 803,996.03 Payeec or Description CITY OF WILLIAMS DATE: July17,2024 ITEM# #: 5. CATEGORY: New Business City Council Agenda Report SUBJECT: RESOLUTION 24-11 CALLING A GENERAL MUNICIPAL ELECTION FOR ELECTION OF COUNCIL MEMBERS, CITY TREASURER AND CITY CLERK AND REQUESTING CONSOLIDATION WITH STATEWIDE GENERAL ELECTION BACKGROUND: The City of Williams' next general municipal election will be held in conjunction with the statewide general election on November 5, 2024. Two seats on the Council, the city treasurer, and the city clerk will be subject to election or re-election. DISCUSSION: The attached resolution calls the election and requests the County of Colusa to consolidate it with the statewide general election and to conduct the election. The City must reimburse the County for its share oft the election costs. FISCAL IMPACT: ALTERNATIVES: None. RECOMMENDATION: Adopt Resolution 24-11 Calling a General Municipal Election to be Held on November 5, 2024 for the Election of Council Members and Requesting Consolidation. Prepared by: Ann Siprelle, City Attorney Reviewed and Submitted by: Frank Kennedy, City Administrator Attachments (1) Resolution 24-11 Calling a General Municipal Election to be Held on November 5, 2024 for the Election of Council Members and Requesting Consolidation with the Statewide General Election. RESOLUTION NO. 24-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLIAMS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER: 5, 20241 FOR THE ELECTION OF COUNCIL MEMBERS, CITYTREASURER AND CITY CLERK AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF COLUSA TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITHTHE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10403 WHEREAS, pursuant to Elections Code Sections 1301 and 1000(e), a general municipal election shall be held on November 5, 2024, for the election of two council members, city treasurer and city clerk; 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 of Williams the precincts, polling places and election officers of the two elections be the same, and that the Election Department of the County of Colusa canvass the returns of the general municipal election and that the election be held in all respects as ifthere were only one election. RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILLIAMS DOES Section 1. That pursuant to California Elections Code Sections 1301 and 1000(e), there is called and ordered to be held in the City of Williams, California on Tuesday, November 5, 2024, a general municipal election for the purpose of electing two members of the City Council for a term of four years each, the city treasurer for at term of 4 years, and the city clerk for a term of4 years. Section 2. That pursuant to the requirements of California Election Code section 10403, the Board of Supervisors of the County of Colusa is hereby requested to consent and agree to the consolidation of a general municipal election with the Statewide general election on Tuesday, November 5, 2024, for the purpose of the election of two members of the City Council for a term of four years each, the city treasurer for a term of 4 years, and the city clerk for a term of4 years. Section 3. 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 ifthere were only one election, and only one form ofballot shall be used. Section 4. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election. Section 5. That the City of Williams recognizes that additional costs will be incurred by the County by reason ofthis consolidation and agrees to reimburse the County for any costs. 1 Section 6. That the City Clerk is hereby directed to file a certified copy of this resolution Section 7. That the City Clerk shall certify to the passage and adoption of this resolution with the Board of Supervisors and the Election Department of the County of Colusa. and enter it into the book of original resolutions. On motion by Councilmember and seconded by Councilmember the foregoing resolution is hereby adopted on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: PASSED, APPROVED AND ADOPTED this 17th day ofJuly, 2024. Don Parsons, Mayor ATTEST: Mariana Pineda, City Clerk APPROVED ASTOI FORM: Ann Siprelle, City Attorney 2 CITY OF WILLIAMS DATE: July 17,2024 ITEM#: 6. CATEGORY: New Business City Council Agenda Report SUBJECT: Adoption of Three Resolutions to Place an Additional Half-Percent Special Sales Tax RESOLUTION24-12: CALLING FOR THE PLACEMENT OF A SPECIAL TAXI MEASURE ON THE BALLOT FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF AN ORDINANCE AMENDING CHAPTER 3.18 OF TITLE 3 (REVENUE AND FINANCE) TO INCREASE THE RATE OF THE CITY'S TRANSACTIONS AND USE TAX FROM ONE-HALF PERCENT (1/2%) TO ONE PERCENT (1%) AND MAKING OTHER CONFORMING RESOLUTION 24-13: REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF COLUSA TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024 WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THAT DATE PURSUANT TO RESOLUTION 24-14: PROVIDING FOR THE FILING OF PRIMARY AND REBUTTAL ARGUMENTS AND SETTING RULES FOR THE FILING OF WRITTEN ARGUMENTS REGARDING A CITY MEASURE TO BE SUBMITTED AT THE NOVEMBER 5, 2024 GENERAL MUNICIPAL Measure on the November 5, 2024 Ballot: AMENDMENTS ELECTIONS CODE SECTION 10403 ELECTION BACKGROUND: On November 7, 2006, Williams voters approved Measure "D," a one-half percent (1/2%) general Transactions and Use Tax ("TUT") enacted for a period of six (6) years on the sale and/or use ofall tangible personal property sold at retail in the City, with the tax scheduled to sunset on March 31, On November 6, 2012, Williams voters approved Measure "G," which repealed the March 31, 2013 sunset date and provides that the one-half percent (1/2%) TUT remains effective until repealed by At the November 3, 2020 election, voters considered Measure "B" to increase the general one-half percent (1/2%) TUT to one percent (1%). Measure "B" did not receive a majority vote by the On July 27, 2022, the City Council placed measure to increase the general one-half percent (1/2%) TUT to one percent (1%) on the November 8, 2022 ballot, and Measure "C" did not receive a 2013. Williams voters. electorate. majority vote by the electorate. Proposition 218 permits the City Council to call a general election for the voters to consider imposing, increasing or extending a special tax at the next regularly scheduled general election for members of the City Council. Ifthe special tax measure is passed by a majority ofvoters in a general city election consolidated with thel November 5, 2024 statewide election, the City'sTUT willi increase from one-half percent (1/2%) to one percent (1%) and will remain effective until repealed by Williams voters. DISCUSSION: State law requires that the resolution proposing the tax be approved by a 2/3 vote of all members, or at least four members of the City Council. Ifthe City Council desires toj place the tax measure on the ballot, Due to the condition of City streets, drainage, curbguter/sidewak facilities and City buildings, then the resolutions must be approved by a 2/3 vote by August 9, 2024. additional funding is required to improve City infrastructure. Street Improvements Street conditions are apparent when driving through the City of Williams. A Pavement Condition Study performed in 2012 identified deficiencies in City streets currently estimated at over $25 million dollars. These costs greatly outweigh the City's revenues. The City only typically receives between $250,000 to $350,000 annually for street maintenance and improvements. Back in 2012, the Pavement Condition Study recommended a minimum annual budget of $1 million to address this backlog. As street improvements are deferred longer, the risk of street deterioration increases. Street conditions present hazards to both residents and visitors causing excessive vehicle wear and tear. This has the added consequence of delaying Police and Fire safety response. The City has had to close Husted Road due to dangerous street conditions. With funding constraints limiting Husted Road reconstruction, it remains closed to truck traffic to preserve the roadway for passenger vehicle use. Additional funding is necessary to protect the general welfare and safety of our citizens and avoid significant cost increases caused by In addition to street improvements, the street drainage system, curb and gutters, and city-owned sidewalks require maintenance and improvements as well. The lack ofa well-maintained city drainage system will further undermine the street pavement and lead to street surface potholes and failures. City facilities including City Hall, the Old Gym and staff offices are aging and require repair and renovation. However, delay. Other City Infrastructure due to a lack off funding, repair and renovation of these items have been deferred. Parks and Fire Equipment After receiving feedback from the community at City Council meetings to fund parks and recreation and fire, the proposed allocation for thej proposed special tax is as follows: at least 80%1 to fund road repair, up to 10%1 to fund parks and recreation, and up to 10% to fund firefighting equipment. Calling a General Election Without additional sources of revenue, the City will not be able to perform most of the improvements identified above, which will ultimately lead to deterioration that will require more costly repairs. By calling this measure, the City Council, by a two-thirds vote, will be able to propose to the voters a possible additional source of revenue - an increased sales tax rate - at a general election on November 5, 2024. Local Sales Tax Analysis This local sales tax is assessed on any purchases within the City jurisdiction. As this City is a hub for travelers, a majority of this tax comes from out-of-town visitors who stop within our City in route to other locations. This funding is equitable as it helps to maintain public safety, city streets, sidewalks and other general services and infrastructure used by visitors and residents of the City. ALTERNATIVES The City Council could choose to not approve the attached three resolutions and not place the sales tax increase measure on the November 5, 2024 ballot. Also, the Council may consider not calling the measure. This will, however, prevent the City from generating additional revenues that could be utilized for the City Infrastructure improvements identified above. FISCALIMPACT Should the Special Sales Tax measure be placed on the ballot and approved by a majority of voters, the sales tax increase will generate approximately $1,000,000 in additional general fund revenues. This 0.5% sales tax increase will enable the City to pay for the maintenance and improvements identified above and help to prevent further deterioration of City Infrastructure. Placing the Special Tax measure on the November 5, 2024 ballot will cost the City approximately $7,000-$11,000 in fees. RECOMMENDED ACTION: attached resolutions: Staff recommends that the City Council oft the City of Williams, California approve the following three RESOLUTION 24-12: CALLING FOR THE PLACEMENT OF A SPECIAL TAX MEASURE ON THE BALLOT FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF AN ORDINANCE AMENDING CHAPTER 3.18 OF TITLE 3 (REVENUE AND FINANCE) TO INCREASE THE RATE OF THE CITY'S TRANSACTIONS AND USE TAX FROM ONE-HALF PERCENT (12%)TOONE PERCENT RESOLUTION 24-13: REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF COLUSA TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2024 WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THAT RESOLUTION 24-14: PROVIDING FOR THE FILING OF PRIMARY AND REBUTTAL ARGUMENTS AND SETTING RULES FOR THE FILING OF WRITTEN ARGUMENTS REGARDING A CITY MEASURE TO BE SUBMITTED AT THE NOVEMBER 5, 2024 (1%). AND MAKING OTHER CONFORMING AMENDMENTS DATEI PURSUANTTO ELECTIONS CODE SECTION 10403 GENERAL MUNICIPAL ELECTION Prepared and Submitted by: Frank Kennedy, City Administrator Attachment(s): Sales and Use Tax Rates Comparison Analysis California Sales and Use Tax Rates by County and City Three Resolutions required to place measure increasing sales and use tax from 0.5%1 to 1% on the November 2024 ballot RESOLUTION NO. 24-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLIAMS, CALIFORNIA CALLING FOR THE PLACEMENT OF A SPECIAL TAX MEASURE ON THE BALLOT FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF AN ORDINANCE AMENDING CHAPTER 3.18 OF TITLE 3 (REVENUE AND FINANCE) OF THE WILLIAMS MUNICIPAL CODE TO INCREASE THE. RATE OF THE CITY'STRANSACTIONS AND USET TAX FROM ONE-HALF PERCENT (1/2%) TO ONE PERCENT (1%) AND MAKING OTHER CONFORMING AMENDMENTS WHEREAS, the City of Williams ("City") is authorized tol levy a Transactions and Use Tax ("TUT") for general purposes pursuant to California Revenue and Taxation Code section 7285.9, subject to approval by a majority vote of the electorate pursuant to Article XIII C, section 2 ofthe California Constitution ("Proposition 218"); and WHEREAS, on November 7, 2006, City voters approved Measure D,"aone-half percent (1/2%) general TUT enacted for a period of six (6) years on the sale and/or use of all tangible personal property sold at retail in the City, with the tax scheduled to sunset on March 31,2013; and WHEREAS, on November 6, 2012, City voters approved Measure "G," which repealed the March 31, 2013 sunset date and provided that the one-half percent (1/2%) general TUT remains effective until repealed by City voters; and WHEREAS, the City's TUT Ordinance which was approved by Measures "D" and "G" is WHEREAS, pursuant to California Elections Code section 9222, the City Council has authority to place local measures ont the ballot to be considered at a Municipal Election; and WHEREAS, the City Council would like to submit to the voters at the November 5, 2024 General Municipal Election a measure increasing the rate of the TUT from one-half percent (1/2%) to one percent (1%) on the sale and/or use of all tangible personal property sold at retail in the City until it is repealed by voters, and making other conforming amendments, as more specifically set forth in the attached proposed ordinance amending Chapter 3.18 oft the City's Municipal Code; and WHEREAS, the existing half-percent (1/2%) TUT is a general tax, the revenue of which will be placed in the City's general fund and will be used toj pay for general City services; and WHEREAS, the proposed half-percent (1/2%) TUT is a special tax, the revenue of which will be placed in a separate City fund and at least eighty percent (80%) will be used toj pay for road repair, up to ten percent (10%) will be used to pay for parks and recreation, and up to ten percent codified in Chapter 3.18 oft the City'sl Municipal Code; and (10%) will be used to pay for firefighting equipment; and WHEREAS, on November 6, 1996, the voters of the State of California approved Proposition 218, an amendment to the State Constitution which requires that all special taxes which are imposed, extended or increased must be submitted to the electorate and approved by a two- thirds vote ofthe qualified electors voting in the election; and WHEREAS, the ordinance to be considered by the qualified voters and the terms of approval, collection and use of the special TUT are described and provided for in the ordinance/measure attached hereto as Exhibit "A" (the "Measure") and by this reference made an operative part hereof, in accordance with all applicable laws. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE SECTION1. Incorporation of Recitals. The foregoing recitals are true and correct and are SECTION2. Submission of Ballot Measure. Pursuant to California Elections Code section 9222, Government Code section 53724, Revenue and Taxation Code section 7285.91 and any other applicable requirements of the laws of the State of California relating to the City, the City Council, by a two-thirds (2/3) vote of all members, hereby orders the Measure to be submitted to the voters of the City at the General Municipal Election to be held on Tuesday, CITY OF WILLIAMS: hereby incorporated and made an operative part ofthis Resolution. November 5, 2024. SECTION 3. The City Council, pursuant to California Elections Code section 9222, hereby orders that the Measure shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section 3. On the ballot to be submitted to the qualified voters at the General Municipal Election to be held on Tuesday, November 5,2024, in addition to any other matters required by law, there shall be printed substantially the following ballot question: "Shall a measure be adopted increasing the City of Williams' sales tax YES rate from 1/2% to 1%, with the increase providing approximately $1,000,000 annually until ended by voters, to fund specific City services, with a minimum of 80% to fund road repair, a maximum of NO 10% to fund parks and recreation, and a maximum of 10% to fund firefighting equipment?" SECTION 4. Conduct of Election. The City Clerk is authorized, instructed, and directed to procure and furnish any and all official ballots, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION5. Pursuant to Elections Code section 9280, the City Council hereby directs the City Clerk to transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the Measure, not to exceed 500 words in length, showing the effect of the Measure on the existing law and the operation of the Measure, and transmit such impartial analysis to the City Clerk not later than the deadline for submittal of primary arguments for or against the Measure. The impartial analysis shall include a statement indicating whether the Measure was placed on the ballot by aj petition signed by the requisite number of voters or by the City Council. In the event the entire text of the Measure is not printed on the ballot, nor in the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following: "The above statement is an impartial analysis of the Office of the City Clerk at [insert phone number] and a copy will be mailed at no cost Ordinance or Measure toyou." Ifyou desire a copy of the ordinance or measure, please call SECTION 6. Notice of the election is hereby 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. SECTION7. Placement on the Ballot. The full text oft the Measure shall not be printed in the voter information guide, and a statement shall be printed on the ballot pursuant to Elections Code section 9223 advising voters that they may obtain a copy of this Resolution and the Measure, at no cost, upon request made to the City Clerk. SECTION8. Filing with County. The City Clerk shall, not later than the 88th day prior to the General Municipal Election to be held on Tuesday, November 5, 2024, file with the Board of Supervisors and the County Clerk-Registrar ofVoters oft the County of Colusa, State ofCaliforia, a certified copy oft this Resolution. SECTION9. Public Examination. Pursuant to Elections Code section 9295, this Measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide. The City Clerk shall post notice in the Clerk's office oft the specific dates that the examination period will: run. SECTION 10. The City Council hereby finds and determines that the Measure relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, section 15378(b)(5). SECTION 11. Severability. The provisions of this Resolution are severable and if any provision of this Resolution is held invalid, that provision shall be severed from the Resolution and the remainder of this Resolution shall continue in full force and effect, and not be affected by such invalidity. SECTION12. This Resolution shall become effective upon its adoption. SECTION13. The City Clerk shall certify to the adoption ofthis Resolution. PASSED AND ADOPTED by the City Council of the City of Williams this 17th day of July, 2024, by thei following vote: AYES: NOES: ABSTAIN: ABSENT: Don Parsons, Mayor ATTEST: Mariana Pineda, City Clerk Exhibit "A" Transactions and Use Tax Ordinance [attached behind this page] ORDINANCE NO. AN ORDINANCE OF THE PEOPLE OF THE CITY OF WILLIAMS, CALIFORNIA, AMENDING CHAPTER 3.18 OF TITLE: 3 (REVENUE AND FINANCE) OF THE WILLIAMS MUNICIPAL CODE TO INCREASE THE RATE OF THE CITY'S TRANSACTIONS AND USE TAX. FROM ONE-HALF PERCENT (1/2%) TO ONE PERCENT (1%). AND MAKING OTHER CONFORMING AMENDMENTS, TOI BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX. AND FEE ADMINISTRATION WHEREAS, pursuant to California Revenue and Taxation Code section 7285.9 the City Council of the City of Williams is authorized to levy a Transactions and Use Tax ("TUT") for general purposes, subject to majority voter approval; and WHEREAS, on November 7, 2006, City of Williams ("City") voters approved Measure "D,"and enacted a one-half percent (1/2%) general TUT for a six-year period on the sale and/or use of all tangible personal property sold at retail in the City, with the TUT scheduled to sunset on March 31,2013; and WHEREAS, on November 6, 2012, Williams voters approved Measure "G," which repealed the March 31,2013 sunset date and provided that the one-half percent (1/2%) general TUT remains effective until repealed by City voters; and WHEREAS, the City's TUT Ordinance, which was approved by Measures "D" and "G" is WHEREAS, the People of the City desire to amend Chapter 3.18 of the Williams Municipal Code ("Code") in order to increase the rate of the TUT from one-half percent (1/2%) to one percent (1%) on the sale and/or use of all tangible personal property sold at retail in the City until it is repealed by voters, with the one-half percent (1/2%) increase funding specific City services, with at least 80% funding road repair, up to 10% funding parks and recreation, and up to 10% funding firefighting equipment, and to make other conforming amendments to the Code as codified in Chapter 3.18 oft the Williams Municipal Code; and more specifically set forth herein. ORDAIN ASFOLLOWS: NOW, THEREFORE, THE PEOPLE OF THE CITY OF WILLIAMS DO Section 1. This Ordinance shall be known as the Williams Transactions and Use Tax Ordinance, the full text of which is set forth in Attachment "1" attached hereto and incorporated herein by reference, and which amends Chapter 3.18 of the Williams Municipal Code in its Section 2. Approval by the City Council: Pursuant to Government Code section 53724 and Revenue and Taxation Code section 7285.91, this Ordinance was duly approved for entirety. placement on the ballot by a minimum two-thirds (2/3) supermajority of all members of the City Section 3. Approval by the Voters. Pursuant to Elections Code section 9217, this Ordinance shall be deemed adopted and take effect only if approved by a majority of the eligible voters of the City of Williams voting at the General Municipal Election of November 5, 2024. It shall be deemed adopted when the City Council has certified the results of that election by Section 4. Operative Date. "Operative Date" for purposes of the one percent (1%) TUT rate means the first day of the first calendar quarter commencing more than 110 days after the date this Ordinance is adopted, as set forth in Section 3 above. Until the Operative Date, the TUT shall continue to be levied and collected at a rate of one-half of one percent (1/2%), as Section 5. Severability. Ifany provision oft this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of Council on July 17, 2024. resolution and shall take effect ten (10) days thereafter. previously approved by Williams voters. such provision to other persons or circumstances shall not be affected thereby. I hereby certify that this Transactions and Use Tax Ordinance was PASSED, APPROVED, AND ADOPTED by the People of the City of Williams on the 5th day of November, 2024. CITY OF WILLIAMS Don Parsons, Mayor ATTEST: Mariana Pineda, City Clerk APPROVED AS TO FORM: Ann Siprelle, City Attorney Chapter. 3.18-7 Transactions and Use Tax Sections: 3.18.010 - Purpose. 3.18.020- - Contract With State. 3.18.030 - Transactions Tax Rate. 3.18.040 -] Place of Sale. 3.18.050 - Use Tax Rate. 3.18.060 - Adoption of Provisions of State Law. 3.18.080 - Permit Not Required. 3.18.090 - Exemptions and Exclusions. 3.18.100 - Amendments. 3.18.110 - Enjoining Collection Forbidden. 3.18.120 - Duration of Tax. 3.18.130 - Use of Tax Proceeds. 3.18.070 - Limitations on Adoption of State Law and Collection ofUse Taxes. Sections: 3.18.010 - Purpose. This ordinance is adopted to achieve the following, among other purposes, and directs that the 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 ofDivision 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 B. 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 .Toa 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 California Department of Tax and Fee Administration 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 California Department of Tax and Fee Administration in 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 ofl Division provisions hereof be interpreted in order to accomplish those purposes: the imposition oft the tax at an election called for that purpose. the Revenue and Taxation Code. administering and collecting the California State Sales and Use Taxes. 20 ofthe 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 oft this ordinance. 3.18.020- - Contract With State. Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration 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 California Department of Tax and Fee Administration 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. 3.18.030-7 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 one percent (1%) 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 oft this ordinance. 3.18.040- -] Place of Sale. For the purposes of this chapter, 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 California Department of Tax and Fee Administration. 3.18.050 - Use Tax Rate. An excise tax is hereby imposed on the storage, use or other consumption in the City oft 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 one percent (1%) oft 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 ofthe place to which delivery is made. 3.18.060 - 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 1.6ofDivision 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. 3.18.070 - Limitations on Adoption of State Law and Collection of Use Taxes. In adopting the provisions of Part 1 of] Division 2 oft 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 when: 1. The word "State" is used as a part of the title of the State Controller, State Treasurer, California Victim Compensation Board, California Department of Tax and Fee Administration, State Treasury, or the Constitution oft 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 California Department of Tax and Fee Administration, in performing the functions incident to the 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 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 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 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 administration or operation of this Ordinance. be to: Revenue and Taxation Code, or; the said provision ofthat code. 4. In reference to Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, B. The word "city" shall be substituted for the word "state" in the phrase "retailer engaged in business in this state" in Section 6203 of the Revenue and Taxation Code and in the 1. "A retailer engaged in business in the District" shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each 6737, 6797 or 6828 oft the Revenue and Taxation Code. definition of that phrase in Section 6203. other pursuant to Section 267(b) ofTitle 26 oft the United States Code and the regulations thereunder. 3.18.080 - Permit not Required. Ifa seller's permit has been issued to ai retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance. 3.18.090 - Exemptions and Exclusions. A. There shall be excluded from the measure of the transactions tax and the use tax the amount ofany 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 B. There are exempted from the computation of the amount oft transactions tax the gross receipts 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 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 or her 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 aj 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) oft 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 amount of any state-administered transactions or use tax. from: government. vehicle will be operated from that address. 3. The sale of tangible personal property if the seller is obligated to furnish the property for af fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4. AI 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 5. For the purposes of subparagraphs (3) and (4) of this subsection, 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 by the lease prior to the operative date oft this ordinance. right is exercised. C. There are exempted from the use tax imposed by this ordinance, the storage, use or other 1. The gross receipts from the sale of which have been subject to a transactions tax under 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 3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a 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 5. For the purposes of subparagraphs (3) and (4) of this subsection, 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 consumption in this City of tangible personal property: any state-administered transactions and use tax ordinance. California. contract entered into prior to the operative date oft this ordinance. by a lease prior to the operative date of this ordinance. under the authority oft 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 Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) oft 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. 3.18.100 - 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 oft tax imposed by this ordinance. 3.18.110 -] 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, ofa any tax or any amount of tax required to be collected. 3.18.120 - Duration ofTax. The tax imposed by this chapter shall continue until this ordinance' is repealed. 3.18.130 - Use of Tax Proceeds. One-half percent (1/2%) of the sales tax proceeds in this chapter shall be used for any general purpose. The remaining one-half percent (1/2%) of the sales tax proceeds in this chapter shall be used to fund specific City services, with a minimum of eighty percent (80%) to fund road repair, am maximum of ten percent (10%) to fund parks and recreation, and a maximum of ten percent (10%) to fund firefighting equipment. The general sales tax proceeds to be used for general purposes shall be deposited into the City's general fund. The special sales tax proceeds to be used for specific City services shall be deposited into a separate account. The City's Finance Officer shall annually file a report with the City Council by January 1 that contains the amount of special tax funds collected and expended and the status of any project required or authorized to be funded by the special tax pursuant to Government Code section 50075.3. RESOLUTION NO. A 24-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLIAMS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF COLUSA TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER5, 2024 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO ELECTIONS CODE SECTION 10403 WHEREAS, on July 17,2024, the City Council of the City of Williams ("City Council") adopted Resolution No. 24-13, calling a General Municipal Election to be held on November 5, 2024; for the purpose of submitting to the voters a proposed transactions and use (sales) tax measure; and WHEREAS, it is therefore 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 of Williams ("Williams") the precincts, polling places and election officers of the two elections be the same, and that the election department of the County of Colusa ("County") canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILLIAMS Section 1. Request for Consolidation. Pursuant to the requirements of Elections Code section 10403, the Board of Supervisors of the County of Colusa ("Board of Supervisors") isl hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024, for the purpose of DOES RESOLVE,DECLARL, DETERMINE AND ORDER AS FOLLOWS: submitting to the voters the following transactions and use (sales) tax measure: Section 2. Measure Language. The measure is to appear on the ballot as follows: "Shall a measure be adopted increasing the City of Williams' sales tax YES rate from 1/2% to 1%, with the increase providing approximately $1,000,000 annually until ended by voters, to fund specific City services, with a minimum of 80% to fund road repair, a maximum of NO 10% to fund parks and recreation, and a maximum of 10% to fund firefighting equipment?" Section 3. Canvass of Returns. The County election department is authorized to canvass the returns and perform all other proceedings incidental to and connected with the General Municipal Election. The Election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. Pursuant to Elections Code sections 10403 and 10418, the election will be held and conducted in accordance with the provisions of law regulating the Statewide General Election. Section 4. Necessary Steps. The Board of Supervisors is requested to issue instructions to the County election department to take any and all steps necessary for the holding ofthe consolidated election. Section 5. Costs. The City Council determines and declares that the City will pay to the County the reasonable and actual expenses incurred by the County by the consolidation of the General Municipal Election with the Statewide General Election. The City shall reimburse the County for services performed when the work is completed and upon presentation to the City ofaj properly approved bill. The City Manager of the City of Williams is authorized and directed to pay for the expenses incurred after receiving a statement from the County of Colusa. Section 6. Filing of Resolution. The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the election department of the County ofColusa. Section 7. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book ofo original Resolutions. PASSED, APPROVED AND ADOPTED this 17th day of. July, 2024. Don Parsons, Mayor ATTEST: Mariana Pineda, City Clerk APPROVED AS' TO FORM: Ann Siprelle, City Attorney 2 I, Mariana Pineda, City Clerk of the City of Williams, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 17th day ofJuly, 2024, by the following vote to wit: AYES: NOES: ABSTAIN: ABSENT: Mariana Pineda, City Clerk 3 RESOLUTION NO.24-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLIAMS, CALIFORNIA, PROVIDING FOR THE FILING OF PRIMARY AND REBUTTAL ARGUMENTS AND SETTING RULES FOR THE FILING OF WRITTEN ARGUMENTS REGARDING A CITY MEASURE TO BE SUBMITTED AT THE NOVEMBER 5, 2024 WHEREAS, a General Municipal Election is to be held in the City of Williams, California on November 5, 2024, at which there will be submitted to the voters the following GENERALN MUNICIPALI ELECTION measure: "Shall a measure be adopted increasing the City of Williams' sales tax rate from 1/2% to 1%, with the increase providing approximately Yes $1,000,000 annually until ended by voters, to fund specific City services, with a minimum of 80% to fund road repair, a maximum of 10% to fund parks and recreation, and a maximum of 10% to fund No firefighting equipment?" NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILLIAMS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Primary Arguments. That the City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument in favor of or against the City measure, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, and to change the argument until and including the date fixed below by the City Clerk, after which no arguments for or against the City measure may be submitted to the City Clerk. The deadline to submit arguments for or against the City Measure pursuant to this Resolution is declared by the City Clerk to be August 19, 2024 at 5:00 p.m. Each argument shall not exceed 300 words and shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(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 who is the author oft the argument. Section 2. Rebuttal Arguments. Pursuant to Section 9285 of the Elections Code of the State of California, when the City Clerk has selected the primary arguments for and against the City Measure which will be printed and distributed to the voters, the Clerk shall send copies of the primary argument in favor of the Measure to the authors of the primary argument against, and copies of the primary argument against to the authors ofthe primary argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than August 29, 2024, at 5:00 p.m. Rebuttal arguments shall be printed in the same manner as the primary arguments. Each rebuttal argument shall immediately follow the primary argument which it seeks to rebut. Section 3. Prior Resolutions. That all previous resolutions providing for the filing Section 4. November 5, 2024 Election. That the provisions of Sections 1 and 2 shall Section 5. Certification. The City Clerk shall certify to the passage and adoption of of primary and rebuttal arguments related to City measures are repealed. apply only to the election to be held on November 5, 2024, and shall then be repealed. this resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED this 17th day ofJuly, 2024. Don Parsons, Mayor ATTEST: Mariana Pineda, City Clerk APPROVED ASTO FORM: Ann Siprelle, City Attorney 2 I, Mariana Pineda, City Clerk of the City of Williams, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 17th day ofJ July, 2024, by the following vote to wit: AYES: NOES: ABSTAIN: ABSENT: Mariana Pineda, City Clerk 3