CITY OF  RIO DELL CITY COUNCIL REGULAR MEETING - 6:00 P.M. TUESDAY, SEPTEMBER 3, 2024 CITY COUNCIL CHAMBERS 675 WILDWOOD AVENUE, RIO DELL  DELD) CALIFORNIA  WELCOME- Copies of this agenda, staff reports, and other materials available to the City Council are available at the City Clerk's office in City Hall, 675 Wildwood Avenue, and on the City's website at cityofriodel.ca.gov. Your City Government welcomes your interest and hopes you will attend and  participate in Rio Dell City Council meetings often.  SPECIAL PUBLIC HEALTH EMERGENCY ALTERATIONS TO MEETING FORMAT  CORONAVIRUS (COVID-19)  City Council meetings are heldi in City Hall Council Chambers to in-person attendance by the public. The public may also attend these meeting virtually through Zoom. The meetings will also be viewable vial livestreaming through our partners at Access Humboldt via their  YouTube channel or Suddenlink (Optimum) channels on Cable TV.  Public Comment by Email:  Inl balancing the health risks associated with COVID-19 and need to conduct government in an open and transparent manner, public comment on agenda items can be submitted via email at publicommentectyorrodel.cagoy Please note the agenda item the comment is directed to (example: Public Comments fori items not on the agenda) and email no later than one-hour prior to the start ofthe Council meeting. Your comments will be read out Meetings can be viewed on Access Humboldt's website at tpsl/www.accesshumboldtnet, Suddenlink Channels 10,11&12 or Access Humboldt's YouTube Channel at  loud, for up to three minutes.  https//www.youtube.com/user/arer/acceshumboldt.  Zoom Public Comment:  When the Mayor announces the agenda item that you wish to comment on, call the conference line and turn off your' TV or live stream. Please call the toll-free number 1-888-475-4499, enter meeting ID 987 1540944 and press star ()9 on your phone - this will raise your hand. You will continue tol hear the meeting on the call. When it is time for public comment on the item you wish to speak on, the Clerk will unmute your phone. You will hear a prompt that will indicate your phone is unmuted. Please state your name and begin your comment. You will  have 3 minutes to comment.  A. CALL TO ORDER    B. ROLL CALL  C.  PLEDGE OF ALLEGIANCE D. CEREMONIAL MATTERS E. PUBLIC PRESENTATIONS  This time is for persons who wish to address the Council on any matter not on this agenda and over which the Council has jurisdiction. As such, a dialogue with the Council or staffi is not allowed under the Ralph M. Brown Act. Items requiring Council action not listed on this agenda may be placed on the next regular agenda for consideration ifthe Council directs unless a finding is made by at least 2/3 of the Council that the item came up after the agenda was posted and is of an urgency nature  requiring immediate action. Please limit comments to a maximum of3 minutes.  F. CONSENT CALENDAR  The Consent Calendar adopts the printed recommended Council action, which will be enacted with one vote. The Mayor will first ask the staff the public, and the council members ifanyone wishes to address any matter on the Consent Calendar. The items removed from the Consent Calendar will be  consideredi indvidualvolowing action on the remaining consent calendar items.  1) 2024/0903.01 - Approve Minutes oft the August 20, 2024 Regular Meeting 2)2024/0903.02- Adopt Resolution 1614-2024 Adopting without revision, 3)2024/0903.03- - Adopt Resolution 1619-2024 Adopting the City of Rio  (ACTION) pg. 1  the City's Conflict of Interest Code (ACTION) pg. 10  Dell Debt Management Policy pursuant to Government  Code $8855(1) (ACTION) pg. 23  4)2024/0903.04-4 Adopt Resolution No. 1620-2024 Authorizing  Examination of Sales or Transactions and Use Tax Records Repealing Resolution No. 1613-2024 (ACTION)  pg. 33  G. ITEMS REMOVED FROM THE CONSENT CALENDAR  H. REPORTS/STAFF COMMUNICATIONS    1)2024/0903.05 - City Manager/StaffUpdate (RECEIVE & FILE) pg. 39  I. SPECIAL PRESENTATIONS/STUDY SESSIONS  J. SPECIAL CALLITEMS/COMMUNITY AFFAIRS/PUBLIC HEARINGS K. ORDINANCES/SPECIAL RESOLUTIONS/PUBLC HEARINGS  L. COUNCIL REPORTS/COMMUNICATIONS  M. ANNOUNCEMENT OF ITEMS TO BE DISCUSSED IN CLOSED SESSION  1) 2024/0903.06 Conference with Legal Counsel -) Potental/Anticpated  Litigation - Significant exposure to litigation Gov'tCode $54956-9(b): One case  2) 2024/0903.07 Public Employee Performance Evaluation  Gov'tCode $54957: Title: City Manager  3) 2024/0903.08- Conference with Labor Negotiator  Gov'tCode $54957.6: Agency Negotiator: City Manager Employee Organizations: Rio Dell Employees Association  and Rio Dell Police Officers Association  N. PUBLIC COMMENT REGARDING CLOSED SESSION  0. RECESS INTO CLOSED SESSION P. RECONVENE INTO OPEN SESSION Q. ORALANNOUNCEMENTS R. ADJOURNMENT  The nexti regular City Council meeting is scheduled for Tuesday, September17, 2024 at 6:00 p.m.    RIO DELL CITY COUNCIL REGULAR MEETING MINUTES AUGUST 20, 2024  Mayor Garnes called the regular meeting of the Rio Dell City Council to order at 5:00 ROLL CALL: Present: Mayor Garnes, Mayor Pro Tem Carter, Councilmembers Orr,  p.m.  Wilson, and Woodall  Others Present: City Manager Knopp, Community Development Director  Caldwell, Interim Chief of Police Conner, Water/Roadways Superintendent Jensen, Wastewater Superintendent Kelly, Sergeant Landry, Senior Fiscal Assistant Maciel, and City  Clerk Dunham  Absent: Finance Director Sanborn (excused)  ANNOUNCEMENT OF ITEMS TO BE DISCUSSED IN CLOSED SESSION Public Employee Performance Evaluation Title: Chief of Police  Conference with Legal Counsel - Anticipated Litigation - Significant Exposure to  Litigation  RECESS INTO CLOSED SESSION  The City Council recessed into a closed session with City Manager Knopp and City  Attorney Gans at 5:00 p.m. to discuss the above-listed matters. RECONVENE INTO OPEN SESSION/ORAL ANNOUNCEMENTS that there was nothing to report out of the closed session.  The Council reconvened into an open session at 6:00 p.m. Mayor Garnes announced  PUBLIC PRESENTATIONS  Mayor Garnes invited public comment on non-agenda matters. No public comment was  received.  CONSENT CALENDAR  Mayor Garnes asked if any councimember, staff, or member of the public would like to remove any item from the consent calendar for a separate discussion. Councilmembers Orr and Woodall removed consent calendar item (8) "Letter  Supporting SB 620: Re: Low Impact Camping Areas."  -1-    AUGUST 20, 2024 MINUTES  Page 2  Sharon Wolfe, 3 Painter St., asked that consent calendar item (4) "Confirm Appointment of Corporal Landry as Interim Chief of Police." be removed for a separate discussion. A motion was made by Carter/Orr to approve the consent calendar including the  following items:  1) Minutes of the August 6, 2024 Regular meeting; for FY2 2024-25, rescinding Resolution No. 1607-2024;  2) Resolution No. 1616-2024 Approving the Revised Gann Appropriations Limit 3) Resolution No. 1617-2024 Amending Resolution No. 1281-2015 Establishing Water Fees and Charges for Water Customers Pursuant to Chapter 13.05 of 4) Contract with Kelly O'Hearn Associates for Land Surveying Services in the amount of $30,300 for the Painter St. Sewer Upsizing Project; 5) Authorizing the City Manager to sign on behalf of the City of Rio Dell an amended agreement for Cable/Video Services with Access Humboldt; 6) Resolution No. 1618-2024 to authorize the reimbursement of expenditures  the Rio Dell Municipal Code (RDMC);  related to the Water System Project; and 7) The Check Register for July.  Motion carried 5-0.  ITEMS REMOVED FROM THE CONSENT CALENDAR Approve Letter Supporting SB 620 Re: Low Impact Camping Areas clarification on what the Council would be supporting.  Councilmember Orr thought that the information related to SB620 was vague and wanted Councilmember Woodall questioned where the proposed camping would be allowed in Rio Dell and if the City could restrict the length of time people could camp. She said that she felt like the bill was designed to accommodate the potential incoming homeless population. Mayor Garnes said that she asked that this item be put on the agenda at the request of the Great Redwood Trail board. She said that she wasn't able to answer the Councilmember's  questions and suggested the item be tabled.  The consensus of the Council was to bring the item back on a future agenda. Confirm Appointment of Corporal Landry as Interim Chief of Police  Sharon Wolfe commended Corporal Landry for her service and dedication and said that she is a fantastic asset to the community. She noted that her daughter and grandson participated in the bike rodeo at the school and Corporal Landry was great with the kids. She said that she appreciates her community involvement and her service to the community as an outstanding officer. She added that she has earned this promotion on  -2-    AUGUST 20, 2024 MINUTES  Page 3  her own merits and that she was not able to find any references to women police chiefs in  Humboldt County sO this is wonderful. Councilmembers agreed.  A motion was made by Woodall/Carter to confirm the appointment of Corporal Landry as  Interim Chief of Police. Motion carried 5-0. REPORTSISTAFF COMMUNICATIONS City Manager/Staff Update  City Manager Knopp provided highlights of the staff update and said that the Eel River Trail Project was underway, and the contractor for the Water Capital Improvement Project (CIP) revised the start date to. January 2025 except for some minor prep work. Councimember Woodall questioned the status of the installation of the bollards at City Manager Knopp explained that the project was on the to-do list and that an engineer Councimember Woodall asked if the bollards would be the stationary type that pull up City Manager Knopp explained that the stationary-type bollards are significantly more expensive and would require deeper excavation and possible conflicts with underground utilities so the movable bollards would probably be the best option however, the engineer  Memorial Park.  would be needed for the preliminary site work. from underground or the movable type.  would need to identify the best option.  SPECIAL CALL EMS/COMMUNITY AFFAIRS/PUBLIC HEARINGS  Discuss Possible Ordinance Changes Banning the Sale, Provision, or Distribution of City Manager Knopp provided a staff report and said that this item is coming before the Council as a preliminary discussion on the potential ban on Nitrous Oxide. The request came from the City of Eureka following a fatal vehicle VS. pedestrian accident where the driver allegedly was using or had very recently used nitrous oxide and was impaired and as a result, caused the fatal accident. He said that Eureka adopted a resolution to pursue a ban on the sale of Nitrous Oxide and provided Eureka's draft Ordinance for the Council's City Manager Knopp said that it is unclear how the ban would impact or be enforceable for the online sales of nitrous oxide as there are several legal and legitimate uses for the  Nitrous Oxide within the City limits  review.  product.  -3-    AUGUST 20, 2024 MINUTES  Page 4  Mayor Garnes asked the Police Department staff to comment on the issue related to Rio Corporal Landry said that she has a conviction for the use of Nitrous Oxide/DUI with a suspect using 100 of them in an hour and driving in Rio Dell sO it is an issue in Rio Dell. She noted that she is no longer sees the smaller cartridges like you see in whipped cream cans as they are now selling tanks larger than a water bottle size in the local stores. She said that she sees them outside of stores, outside of drug houses where kids could easily pick them up sO it is a problem and the safety of kids is something to take into Mayor Pro Tem Carter commented that she got sick of the litter associated with the Nitrous Councimember Wilson asked where the Nitrous Oxide is being sold in Rio Dell.  Dell.  consideration. She supported the proposed ban.  Oxide canisters with pile of them disposed at the river bar.  Corporal Landry indicated that it is being sold at E&JI Liquors.  Councimember Orr supported the ban, especially if the large tanks are being sold. Councilmember Woodall asked if E& J Liquors sold the large tanks orj just the Whippets." Corporal Landry said that over the years they have sold the small canisters (Whippets) but Councilmember Woodall asked if there is an age limit for purchasing Nitrous Oxide. Interim Chief of Police Conner said that it is prohibited to sell Nitrous Oxide to anyone Councilmember Woodall noted that she has seen the empty canisters all over town and The consensus of the Council was to direct staff to develop an ordinance banning the sale of Nitrous Oxide in the City of Rio Dell and present it to the Council for consideration.  more recently they have been selling the large tanks.  under the age of 18.  that the City needs to do something about it.  Mayor Garnes called for public comment on the matter.  Alice Millington asked if the canisters or tanks are prone to explosion and said about three months ago she was driving on Highway 101 South coming into Rio Dell and heard a Corporal Landry commented that there have been reports of explosions but she was not  tremendous explosion coming from the Belleview area. aware of any of them coming from Nitrous Oxide.  -4-    AUGUST 20, 2024 MINUTES  Page 5  It was suggested that the explosion may have been from a transformer.  Sharon Wolfe addressed the Council and said that she did some research on the subject as the County of Humboldt was looking at doing a ban on Nitrous Oxide and was added to the County's legislative platform. She said that the problem is that there is no enforcement. Stores selling Nitrous Oxide are supposed to require identification and have a log for all sales but they don't. She commented that the ban is a worthy principle to have even though there is no enforcement regarding online sales. She added that the ban would establish that it is not acceptable to sell Nitrous Oxide to minors and until she started looking into it, she had no idea it was such a huge problem within the community. She encouraged the City to continue to consider adopting a ban and then look at ways to  enforce the ban.  Spay and Neuter Voucher Program  City Manager Knopp provided a staff report and said that city staff developed a proposal to utilize funds from the current Spay and Neuter Fund (Fund 093), to implement a spay and neuter voucher program for Rio Dell residents. The current fund balance is $3,400 and staff proposes to re-establish funding through Animal License and Animal Control fees, with anticipated annual contributions of approximately $2,500 based on historical He reviewed the proposed program and said that the spay and neuter voucher program aims to reduce the pet population in Rio Dell by providing financial assistance to residents for sterilizing their animals. The program would be coordinated with the Rio Dell Community Resource Center to distribute vouchers to Rio Dell residents. The vouchers would be redeemed at Critters Without Litters, set up through the non-profit Humboldt Humane program offering low-cost sterilization services at their facility in Fernbridge. The City would directly reimburse Critters Without Litters for voucher redemptions with voucher values varying by animal type and size ranging from $75 for male cats to $350 for female dogs (under 65 pounds). The number of vouchers issued would depend on the amount of Staff recommended that the City Council approve implementing the spay and neuter City Manager Knopp pointed out that Mayor Pro Tem Carter has been a huge advocate in Mayor Pro Tem Carter emphasized the importance of the program and said that animal shelters are important and necessary but not the long-term solution for reducing the pet population. She said that she hopes to have Rio Dell set an example by implementing the spay and neuter voucher program rather than just taking the animals to the shelter and  averages.  available funding, currently at $3,400. voucher program as outlined in the report.  pushing for this program with Critters Without Litters.  hoping for the best.  -5-    AUGUST 20, 2024 MINUTES  Page 6  She commented that Sara Reback from the Rio Dell Community Resource Center has a deep and thorough knowledge about the members of this community and that she will do a fantastic job making sure the vouchers get into the hands of the people who truly need She commented that she is proud of the City for doing this and looks forward to helping She acknowledged Alice Millington for her years of commitment in helping to get animals Alice Millington addressed the Council and said that her goal has always been for the City to develop a No Breeding Ordinance because it is a matter of health and safety to kids and other animals to have unfixed dogs on the street, especially when a female dog is in heat. She said that it was a plan to bring a draft ordinance forward then COVID happened and She urged landlords to quit disallowing pets and suggested they allow tenants to have pets Councimembers Orr and Wilson expressed their support for the voucher program. Mayor Garnes stressed the need to enforce the City's ordinances related to animals and to fine people who don't abide by the rules. She indicated that she would be bringing an item to the City Council at an upcoming meeting related to lose dogs and said that she supports Motion was made by Carter/Orr approving the implementation of the spay and neuter  them.  with fundraising activities for this purpose.  spayed or neutered.  priorities changed.  ift the pets have been spayed or neutered.  the voucher program 100%.  voucher program as outlined in the report. Motion carried 5-0. ORDINANCESISPECIAL RESOLUTIONSPUBLIC HEARINGS  Second Reading (by title only) and Adoption of Ordinance No. 405-2024 amending the Rio Dell Municipal Code (RDMC) Chapter 15.05 "Construction Codes" to establish construction activity noise regulations and Chapter 2.60 Planning Commission regulations to elect the Community Development Director Caldwell provided a staff report recommending approval He said that the ordinance was presented to the City Council at their meeting on August 6, 2024. The discussion revolved around construction noise recommendations and it was brought up and suggested that the recommendation to limit the construction hours from 7:00 a.m. to 6:00 p.m. Monday through Friday was too restrictive and needed to be  Chair and Vice-Chair on a bi-annual basis  oft two minor text amendments to the Rio Dell Municipal Code (RDMC).  increased to accommodate people who work during the week.  -6-    AUGUST 20, 2024 MINUTES  Page7  He presented two potential options for the Council's consideration.  1) 7:00 a.m. to 8:00 p.m., seven days a week, Monday through Sunday.  2) 7:00 a.m. to 8:00 p.m., Monday through Saturday, Sundays and holidays 9:00 a.m. Community Development Director Caldwell commented he believed that Option 1 closely The Council discussed the options and Mayor Garnes called for public comment on the Sharon Wolfe addressed the Council and said that either option would be acceptable. She said the only issue she saw was concerning where it stated that construction activity shall include any physical activity on the property outside of those time limits and said that a reasonable person would abide by that but an unreasonable person in a neighbor fight She said that she did some research on other noise ordinances and provided language from the City of Galt related to noise exemptions. She pointed out that because construction projects usually don't end on time it makes sense to allow for exemptions. She referred to a highlighted portion of the language that read the following: Provided, however, when an unforeseen or unavoidable condition occurs during a construction project and the nature of the project necessitates that work in the process be continued until a specific phase is completed, the contractor or owner shall be allowed to continue work after 8:00 p.m. and to operate machinery and equipment necessary until completion of the specific work in progress can be brought to conclusion under conditions which will not jeopardize inspection She noted that they also have an exception for pouring concrete because of the heat, sO from June through September, they are allowed to start at 5:00 a.m. on weekdays. Community Development Director Caldwell referred to page 77 of the packet outlining the He said that the staff's recommendation is to approve the ordinance under Option 1 or2 2a as discussed or suggest revisions and direct staff to bring the ordinance back at a subsequent Motion was made by Orr/Carter to adopt Ordinance No. No. 405-2024 amending the Rio Dell Municipal Code (RDMC) Chapter 15.05 Construction Codes" to establish construction activity noise regulations (under Option 2) and Chapter 2.60 Planning Commission regulations to elect the Chair and Vice-Chair on a bi-annual basis. Motion carried 5-0.  to 8:00 p.m.  reflected the Council's direction from the previous meeting.  matter.  would have a little bit of room to argue.  acceptance or create undue financial hardships for the contractor or owner.  exceptions to Rio Dell's noise ordinance.  meeting for adoption.  -7-    AUGUST 20, 2024 MINUTES  Page 8  Second Reading (by title only) and Adoption of Ordinance No. 406-2024 Amending Chapter 13.10, "Sewer Rates and Regulations", Sections 1.10.170,13.10210. 13.10.220 Wastewater Superintendent Kelly provided a staff report recommending approval of amendments to the Sewer Rates and Regulations to clarify the language related to shared sewer laterals, sewer connections, installation of sewer cleanouts and backflow devices, She noted that the ordinance was presented to the City Council for its first reading and introduction at the August 6, 2024, regular meeting and is back for its second reading (by Mayor Garnes opened the public hearing to receive public input on the proposed amendments to the Sewer Regulations. There being no public comment. the public A motion was made by Carter/Woodall to approve the second reading (by title only) and adopt Ordinance No. 406-2024 amending chapter 13.10, "Sewer Rates and Regulations", Sections 13.10.170, 13.10.210, 13.10.220, and 13.10.467. Motion carried 5-0.  and 13.10.467 of the Rio Dell Municipal Code (RDMC)  and sewer lateral testing requirements at the sale or transfer of property.  title only) and adoption.  hearing closed.  COUNCIL REPORISICOMMUNICATIONS  Mayor Pro Tem Carter reported on recent meetings and events and said that she attended the Rio Dell School Board meeting and the Rio Dell Fire District meeting. She announced that there would be a Nuisance Advisory Committee meeting tomorrow at 3:00 p.m. at City Councimember Orr reported that he attended an HCAOG meeting last week and said that the Regional Climate Action Plan is now live on the HCAOG website. He mentioned that from September 30 - October 6 is a "Week Without Driving" to remind us about those who can't afford to drive or are unable to drive. On September 22-34 the "Ride Humbold!" campaign will kick off and the Humboldt Transit Authority (HTA) is going through a fair change to make the fairs easier to understand. In addition, the hydrogen bus that is expected to arrive in December and will run to Mendocino County and back and is the first ofi its kind in the United States so the board is very anxious to see how it works out. Councilmember Wilson reported that he would be attending a Redwood Coast Energy Councimember Woodall asked that an item be placed on the next agenda related to recommendations from the Beautification, Walkability and Pride Committee related to  Hall.  Authority (RCEA) meeting on Thursday.  improvements at the Triangle (Blue Star) Park. The Council concurred.  -8-    AUGUST 20, 2024 MINUTES  Page 9  Mayor Garnes announced that at the HCAOG meeting last week, the board appointed her to the Great Redwood Trail Board and thanked Councilmember Orr for the nomination. She reported that on August 29th she will be manning the table at the Humboldt County  She noted that Rio Dell is now at the table which is great. Fair with information on tsunamis and earthquake safety.  ADJOURNMENT  A motion was made by Carter/Woodall to adjourn the meeting at 6:56 p.m. to the  September 3. 2024 regular meeting. The motion carried 5-0.  Debra Garnes, Mayor  Attest:  Karen Dunham, City Clerk  -9-    CTY OF (RJ DELD) CALFORMA  675 Wildwood. Avenue Rio Dell, CA 95562  TO:  Mayor and Members of the City Council  THROUGH: Kyle Knopp, City Manager  FROM: DATE:  Karen Dunham, City Clerk September 3, 2024  SUBJECT: Conflict of] Interest Code Update  RECOMMENDATION Conflict of Interest Code BACKGROUND AND DISCUSSION  Adopt Resolution No. 1614-2024 Adopting Without Revision the City's  State law requires Public Agencies to review and update their Conflict of Interest Codes during even-numbered years if needed. A local agency's conflict of interest code must reflect the current structure of the organization and properly identify officials and employees who should be filing Statements of Economic Interests (Form 700). A code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Form 700. It also helps provide transparency in local government as Upon review of the existing Conflict of Interest Code, staff has determined  required under the Political Reform Act.  that no update of the current Code is necessary at this time.  ATTACHMENTS: Resolution No. 1614-2024 Conflict of Interest Code  -10-    CITY OF (RIO DELL) CAUFORNA  RESOLUTION NO. 1614-2024  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIO DELL ADOPTING WITHOUT REVISION THE CONFLICT OF INTEREST CODE FOR THE CITY OF RIO DELL FOR CITY COUNCIL MEMBERS COMMISSIONERS, OFFICERS, CONSULTANTS, AND DESIGNATED EMPLOYEES AND RESCINDING RESOLUTION NO. 1550-2022  WHEREAS, the Political Reform. Act, Government Code Section 81000 et. Seq. requires State and Local Government Agencies to adopt conflict of Interest Codes and to review those Codes in even-numbered years to ensure that they are current; and WHEREAS, on March 17, 1981, the Rio Dell City Council enacted Resolution No. 330, Adopting a Conflict of Interest Code for the City of Rio Dell ("City"); and WHEREAS, the current Conflict of Interest Code for the City was last updated by the City Council on September 20, 2022, with the adoption of Resolution No. 1550-2022; WHEREAS, Section 87306.5 of the Government Code states that every agency shall review its Conflict of Interest Code no later than July 1 of each even-numbered year, subject to the provisions of Section 87302(a) and 873203, when necessitated by changed circumstances; and submit amendments to the Code reviewing body (the City WHEREAS, Title 2 California Code of Regulations Section 18730 contains the terms of as standardized conflict of interest code which will update the City's Conflict of Interest Code and maintain compliance with all new and future regulations adopted by the Fair WHEREAS, no additional positions have been deemed to make, or participate in the making of, decisions that may have a foreseeable material effect on a financial interest; WHEREAS, no previously listed positions have been vacated that need to be eliminated  and  Council) no later than October 1 of the same year; and  Political Practices Commission; and  and  from the Code; and  Resolution No. 1614-2024  Conflict of Interest Code  September. 3, 2024  -11-    WHEREAS, Exhibit A as attached herein lists the designated employees subject to the model Conflict of Interest Code (listed as designated filers"); Exhibit B identifies specific financial interests that would be reportable (listed as disclosure categories"); and WHEREAS, this review has been completed and the City Council has determined that no changes are necessary due to changes in the City organization and to comply with state law and that Exhibits A and B attached herein, accurately set forth the designated positions, and their respective categories of financial interests which should be made reportable and those boards, commissions and committees which should be designated and the respective categories of financial interests which should be made reportable by WHEREAS, the City of Rio Dell Conflict of Interest Code, incorporated herein accurately sets forth the designated positions and categories of financial interests which should be NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIO DELL DOES SECTION 1. Title 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, and along with the attached Exhibits in which members and employees are designated and disclosure categories are set forth, constitute the SECTION 2. The following departments and categories are hereby designated to comply with the City's Conflict of Interest Code as reflected in Exhibit "A." APPROVED AND ADOPTED by the City Council of the City of Rio Dell on September  their members; and  made reportable.  HEREBY RESOLVE AS FOLLOWS:  Conflict of Interest Code oft the City of Rio Dell.  3, 2024, by the following vote:  AYES: NOES: ABSENT: ABSTAIN:  Debra Garnes, Mayor  ATTEST:  1, Karen Dunham, City Clerk for the City of Rio Dell, State of California, hereby certify the above to be ai full, true, and correct copy of Resolution No. 1614-2024 adopted by the City Council of  the City of Rio Dell on September 3, 2024.  Karen Dunham, City Clerk Resolution No. 1614-2024  Conflict of Interest Code  September 3, 2024  -12-    EXHIBIT A DESIGNATED FILERS  Designated Positions Mayor City Council Members City Manager City Clerk Finance Director Community Development Director Public Works Director Water/Roadways Superintendent Wastewater Superintendent Chief of Police Planning Commissioners Consultants City Attorney City Engineer  Disclosure Category Govt Code $87200 et seq. Govt Code $87200 et seq. Govt Code $87200 et seq. Govt Code $87200 et seq.  1 1 1 1 1 1  Govt Code $87200 et seq. Govt Code $87200 1,2,3,4  Note: The disclosure category for consultants shall be determined on a case-by-case basis by the City Manager. After written notification is given to the City Council, the City Manager may make a determination as to what disclosure, ifany, is required by any The City Manager may determine in writing that a particular consultant, although a designated position" is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this and, based upon that description, a statement of the extent of disclosure requirement. The City Manager's determination is a public record and shall be retained for public Positions designated in Government Code Section 87200 are positions that are subject to the disclosure requirements of the Political Reform Act and are required to file full Statements of Economic Interests (Form 700). These filers shall file Statements of Economic Interests with the City Clerk as the filing officer for the City of Rio Dell. These statements with original signatures are filed with the Fair Political Practices  particular consultant.  inspection in the same manner as this Conflict of Interest Code.  Commission.  Resolution No. 1614-2024  Conflict of Interest Code  September 3, 2024  -13-    EXHIBIT B  DISCLOSURE CATEGORIES  Category 1  Persons in this category shall disclose all interests in real property within the City. Real property shall be deemed to be within the City if the property or any part of it is located within or not more than two miles outside the boundaries of the City or within two miles Persons are not required to disclose property used primarily as their residence or for  of any land owned or used by the City. personal recreational purposes.  Category 2  Persons in this category shall disclose all investments.  Category: 3  Persons in this category shall disclose all income, including loans, aggregating $500 or more received during the reporting period, received from any one source located or doing business within the City of expecting to do business within the City. Gifts aggregating $50 or more received during the period from any one source located inside or outside the City shall be disclosed. Income received from a public agency need not  be disclosed. Category 4  Persons in this category shall disclose all income from and investments in business that manufacture or sell services and/or supplies of the type utilized by the City and associated with the job assignment of designated positions assigned in this disclosure C  Resolution No. 1614-2024  Conflict of Interest Code  September. 3, 2024  -14-    EXHIBIT C  DETERMINATION OF CONSULTANT DISCLOSURE FILING REQUIREMENTS  I,  City Manager of the City of Rio Dell, hereby  determine that the following Consultants" are retained by the City of Rio Dell to serve in ac decision-making capacity, and are required to file statements of economic interest and  provide financial disclosure within the following categories:  CONSULTANT NAME/COMPANY  DISCLOSURE CATEGORIES  EXEMPTIONWAVER  Ifurther determine that the following Consultants" range of duties are limited in scope and are herewith granted an exemption/walver from filing a disclosure statement under  the City of Rio Dell Conflict of Interest Code. CONSULTANT NAME/COMPANY  PROJECT/DUTIES  City Manager  Date  Resolution No. 1614-2024  Conflict of Interest Code  September 3, 2024  -15-    CONFLICT OF INTEREST CODE OF THE CITY OF RIO DELL  Section 100 - Purpose  Pursuant to the provisions of the Government Code Sections 87300 et seq. The City of Rio Dell hereby adopts and incorporates by reference Regulation 2 of the California Code of Regulations, Section 18730. (title 2, Division 6) and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Exhibits A, BAnd C, in which members and employees are designated and disclosure categories are set forth, which constitutes the Conflict of Interest Code of the City of Rio Dell. Nothing contained herein is intended to modify or abridge the provisions of the Political Reform Act of 1974. (Government Code Section 81000 et. Seq.). The provisions of this Code are additional to Government Code Section 87100 and other laws pertaining to conflicts of interest. Except as otherwise indicated, the definitions of said Act and regulations adopted pursuant thereto are incorporated herein and this Code shall be  interpreted in a manner consistent therewith. Section 200 - Designated Positions  The positions listed on Exhibit A are designated positions within each city department and/or division. Officers and employees holding those positions are designated employees and are deemed to make, or participate in the making of, decisions which  may have foreseeable material effect on a financial interest.  Section 300 - Disclosure Statements  Designated positions shall be assigned to one or more of the disclosure categories set forth on Exhibit B. Each designated employee shall file an initial Statement disclosing that employee's interest in investments and real property, and thereafter an Annual Statement disclosing said employee's interest in investments, real property and income designated as reportable under the category to which the employee's position is  assigned on Exhibit A.  Section 400 - Place and Time of Filing  (a) All designated employees required to submit a Statement of Economic Interests Form 700 shall file the original, on the form provided (per Section  500 of this Code), with the City Clerk's Office.  (b) A designated employee required to submit an initial Statement of  Economic Interests Form 700 shall submit the statement within thirty (30)  days after the effective date of this Code.  Resolution No. 1614-2024  Conflict of Interest Code  September 3, 2024  -16-    (c) Merit service employees appointed, promoted, or transferred to designated positions shall file an Assuming Office Statement within thirty (30) days (d) All other employees appointed, promoted, or transferred to designated positions shall file an Assuming Office Statement not less than thirty (3) (e) Annual Statements shall be filed with the City Clerk's Office no later than the 1st day of April of each year by all designated employees. Such statements shall cover the period of the preceding calendar year. (f) Al Leaving Office Statement shall be filed within thirty (30) days after leaving a designated position. Such statements shall cover the period from the closing date oft the last statement filed to the date of leaving the  after the date of assuming the designated position.  days after assuming the designated position.  position.  (g) Individuals who resign designated positions within thirty (30) days following initial appointment is not deemed to assume or leave office, provided that during the period between appointment and resignation, the individual did not make, participate in making, or use the position to influence any the decision of the City or receive, or become entitled to receive any form of payment by virtue of being appointed to the position.  (h) Ac designated employee is required to file a Statement of Economic Interests Form 700 with any other agency, which is within the same territorial jurisdiction as the City and disclosure requirements are identical, may comply with the provisions of this Code by filing a duplicate copy of the statement filed with the other agency, in lieu of an entirely separate (1) "Consultant" as identified by FPPC Regulation 16700, is herewith added to the list of designated employees and such persons shall be disclosed pursuant toi the broadest disclosure category in the Code, subject to the  statement.  limitations stated in Exhibit C attached hereto.  Section 500 - Form for Statements of Economic Interests  Statements of Economic Interests shall be made on a form supplied by the Fair Political Practices Commission (FPPC), and such form shall be made available by the City  Clerk's Office.  Section 600 - Definitions  GIFT  Resolution No. 1614-2024  Conflict of Interest Code  September 3, 2024  -17-    (a) "Gift" means, except as provided in subdivision (b), any payment to the extent that consideration of equal or greater value is not received and includes a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public without regard to official status. Any person, other than a defendant in a criminal action, who claims that a payment is not a gift by reason of receipt of consideration has the burden of proving that the  consideration received is of equal or greater value.  (b) The term "gift" does not include:  (1) Informational materials such as books, reports, pamphlets, calendars or periodicals. No payment for travel or reimbursement for any expenses shall be deemed 'informational material";  (2) Gifts which are not used and which, within thirty (30) days after receipt, are returned to the donor or delivered to a charitable organization without being claimed as a charitable contribution for tax purposes; (3) Gifts from an individual's spouse, registered domestic partner, child, parent, grandparent, brother, sister, parent-in-law, brotherin-law, sister- in-law, nephew, niece, aunt, uncle, or first cousin or the spouse or registered domestic partner of any such person; provided that a gift from any such person shall be considered a gift if the donor is acting as an agent ori intermediary for any person not covered by this paragraph; (4) Campaign contributions required to be reported under Sections 84100-  84400 of the Government Code. (5) Any devise or inheritance.  INCOME  (a) "Income" means, except as provided in subdivision (b), a payment  received, including but not limited to any salary, wage, advance, dividend, interest, rent, proceeds from any sale, gift, including any gift of food or beverage, loan, forgiveness or payment of indebtedness received by the filer, reimbursement for expenses, per diem, or contribution to an insurance or pension program paid by any person other than an employer, and including any community property interest in the income of a spouse or registered domestic partner. Income also includes an outstanding loan, income of an individual also includes a pro rate share of any income of any business entity or trust in which the individual or spouse or registered domestic partner owns, directly, indirectly or beneficially, a 10 percent interest or greater. "Income," other than a gift, does not include income received from any source outside the jurisdiction and not doing business  Resolution No. 1614-2024  Conflict of Interest Code  September 3, 2024  -18-    within the jurisdiction, or not having done business within the jurisdiction during the two years prior to the time, any statement or other action is  required under this Code. (b) "Income" also does not include:  (1) Campaign contributions required to be reported under Sections 84100- (2) Salary and reimbursement for expenses or per diem received from a state, local, or federal government agency and reimbursement for travel expenses and per diem received from a bona fide educational  84400 of the Government Code.  academic or charitable organization.  (3) Any devise or inheritance.  (4) Interest, dividends, or premiums on a time or demand deposit in a financial institution, shares in a credit union, or any insurance policy payments received under any insurance policy, or any bond, or other debt instrument issued by anygovernment or governing agency. (5) Dividends, interest, or any other return on a security that is registered with the Securities and Exchange Commission of the United States  government.  (6) Redemption of a mutual fund. (7) Alimony or child support payments.  (8) Any loan or loans from a commercial lending institution which are made in the lender's regular course of business on terms available to members of the public without regard to official status if: (A) Used to purchase, refinance the purchase of, or for improvements (B) The balance owned does not exceed ten thousand dollars  to the principal residence of the filer; or  ($10,000).  (9) Any loan from an individual's spouse, registered domestic partner, child, parent, grandparent, brother, sister, parent-in-law, brother-inlaw, sister- in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse or registered domestic partner of any such person; provided that a loan from any such person shall be considered income if the lender is acting as an agent or intermediary for any person not covered by this  paragraph;  Resolution No. 1614-2024  Conflict of Interest Code  September 3, 2024  -19-    (10)  Any indebtedness created as part of a retail installment or credit card transaction if made in the lender's regular course of business on terms available to members of the public without regard to official status, sO long as the balance owed to the creditor does not Payments received under a defined benefit pension plan qualified  exceed ten thousand dollars ($10,000). Under Internal Revenue Code Section 401(a).  (11)  INTEREST IN REAL PROPERTY  "Interest in real property" including any leasehold, beneficial or ownership interest or any option to acquire such an interest in real property located in the City owned directly, indirectly or beneficially by the public official, or other filer, or his or her immediate family in the fair market value of the interest is two thousand dollars ($2,000) or more. Interests in real property of any individual includes a pro rata share of interests in real property of an individual includes a pro rata share of interests in real property of any business entity or trust in which the individual or immediate family owns, directly,  indirectly or beneficially, a 10 percent interest or greater.  INVESTMENT  Investment" means any financial investment in or security issued by a business entity, including but not limited to common stock, preferred stock, rights, warrants, options, debt instruments and any partnership or other ownership interest owned directly, indirectly or beneficially by the public official, or other filer, or his or her immediate family, if the business entity or any parent, subsidiary or otherwise related business entity has an interest in real property in the jurisdiction, or does business or plans to do business in the jurisdiction, or has done business in the jurisdiction, or has done business within the jurisdiction at any time during the two years prior to the time any statement or other action is required under this Code. No asset shall be deemed an investment unless its fair market value equals or exceeds two thousand dollars ($2,000). The term 'investment" does not include a time or demand deposit in a financial institution, shares in a credit union, any insurance policy, interest in a diversified mutual fund registered with the Securities and/Exchange Commission under the Investment Company Act of 1940 or a common trust fund which is created pursuant to Section 1564 of the Financial Code, or any bond or other debt instrument issued by any government or governmental agency. Investments of an individual includes a pro rata share of investments of any business entity, mutual fund, or trust in which the individual or immediate family owns, directly, indirectly or beneficially, a 10 percent interest or greater. The term parent subsidiary or otherwise related business entity"  shall be specifically defined by regulations of the commission.  Resolution No. 1614-2024  Conflict of Interest Code  September 3, 2024  -20-    CONSULTANT government agency.  "Consultant" means any individual who, pursuant to a contract with the state or local  (a) Makes a governmental decision whether to: (1) Approve a rate, rule or regulation; (2) Adopt or enforce a law;  (3) Issue, deny, suspend, or revoke any permit, license, application, Certificate, approval, order or similar authorization or entitlement; (4) Authorize the agency to enter into, modify, or renew a contract provided iti is the type of content which requires agency approval; (5) Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a (6) Grant agency approval to a plan, design, report, study, or similar item; (7) Adopt, or grant agency approval of, policies, standards, or guidelines (b) Serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified ini the  contract;  for the agency, or for any subdivision thereof; or  agency's Conflict of Interest Code.  Section 700 - Disqualification  Designated employees shall disqualify themselves from making or participating in the making or in any way attempting to use their official position to influence a governmental decision when it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on:  (a) Any reportable investment; (b) Any interest in real property;  (c) Any reportable source of income, other than loans by a commercial lending institution in the regular course of business, aggregating five hundred dollars ($500) or more in value provided to, received by, or promised to the designated employee within twelve (12) months prior to the time when the  Resolution No. 1614-2024  Conflict of Interest Code  September3,2 2024  -21-    decision is made;  (d) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management. (e) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating five hundred dollars ($500) or more in value provided to, or promised to the designated employee within twelve (12) months prior to  the time when the decision is made.  Resolution No. 1614-2024  Conflict of Interest Code  September 3, 2024  -22-    675 Wildwood. Avenue Rio Dell, CA 95562 (707) 764-3532 (707) 764-5480 (fax)  Cryor AA RO DELD) HON  DATE: TO: FROM:  September 3, 2024  Honorable Mayor and Members oft the City Council  Travis Sanborn, Finance Director  THROUGH: Kyle Knopp, City Manager  SUBJECT: Resolution No. 1619-2024 Debt Management Policy  ITIS RECOMMENDED THAT THE CITY COUNCIL: pursuant to Government Code Section 8855(i) BACKGROUND AND DISCUSSION:  Adopt Resolution No. 1619-2024 adopting the City of Riol Dell Debt Management Policy  Government Code Section 8855(1) was enacted under Senate Bill 1029 and requires Cities to adopt formal debt management policies for debt issued after. January 1, 2017. The Debt  Management Policies must address 5 areas:  A. Purposes for which the debt proceeds may be used. B. Types of debt that may be issued.  C. Relationship of the debt to, and integration with, the City's Capital Improvement Plan  and/or budget.  D. Policy goals related to the City's planning goals and objectives. proposed debt issuance will be directed to the intended use.  E. Internal control procedures that the City will implement to ensure that the proceeds oft the The attached Debt Management Policy has been written to include all elements required by the California Debt and Investment Advisory Commission. The policy serves as a starting point that  Staff Report - Resolution 1619-2024-Debt: Management Policy  -23-    sets parameters for issuing debt and managing the City's debt portfolio; the City should seek to incorporate other elements over time. Adopting formal, written financial policies is viewed as a best management practice and treated as a credit positive by the bond rating agencies. Adopting the attached Debt Management Policy will help ensure that the City's debt isi issued and managed prudently and will help the City maintain a sound fiscal position. The policy should be viewed as ai tool to guide staff and decision-makers in the future. Thej policies should be reviewed and amended by City Staff and the City Council periodically.  ATTACHMENTS:  Resolution 1619-2024  City of] Rio Dell Debt Management Policy  Staff Report- - Resolution 1619-2024-Debt Management Policy  -24-    CTY OF (RIO DELL) CALFOAMA  RESOLUTION NO. 1619-2024 Al RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIO DELL DEBT MANAGEMENT POLICY PURSUANT TO GOVERNMENT CODE SECTION 8855(I)  WHEREAS, California Senate Bill 1029, adopted in September 2016, amended California Government Code Section 8855 (i), and it requires municipalities who issue debt after. January 1, WHEREAS, the primary objective oft this policy is to establish conditions for the use of debt and to create policies that minimize the City's debt service and issuance costs, retain the highest credit NOWTHEREFORE, BEITRESOLVED byt the City Council ofthe City ofRiol Dell as follows:  2017 to have an adopted debt policy; and  rating, and maintain full and complete financial disclosure and reporting.  SECTION1. The above recitals, and each of them, are true and correct.  SECTION 2. The proposed Debt Management Policy, attached hereto as Exhibit "A" is hereby approved and adopted and shall be made applicable to all Local Debt issued by or on behalfo ofthe SECTION 3. The City Manager, or designee, are hereby authorized to manage the debt issuance functions and related administration processes for the City ofRiol Dell in accordance with the Debt  City effective September 3, 2024.  Management Policy.  SECTION 4. The City Clerk shall certify to the adoption of this Resolution.  PASSED AND ADOPTED by the City ofRio Dell on1 this 3rd day of September 2024, by the  following roll call vote:  Ayes: Noes: Abstain: Absent:  Debra Garnes, Mayor  ATTEST:  Karen Dunham, City Clerk  -25-  Resolution: 1619-2024 Debt Management Policy    Exhibit A  DELD) CALOAVA  DEBT MANAGEMENT POLICY This Debt Management Policy (the' "Debt Policy")o of the City of Riol Dell (the' "City") was approved byt the City's City Council on September: 3, 2024. The Debt Policy may be amended by the City Council asi it deems appropriate from time tot time in the prudent management oft the debt oft the City. Any approval of debt byt the City Council that is not consistent with this Debt Policy shall constitute a waiver of this Thel Debt Policy has been developed to provide guidance int the issuance and management of debt by the City and is intended to comply with Government Code Section 8855. The main objectives are to establish conditions for the use of debt; to ensure that debt capacity and affordability: are adequately considered; to minimize the City's interest and issuance costs; to maintain the highest possible credit rating; to provide complete financial disclosure and reporting; and to maintain financial flexibility for the  Debt Policy.  City. 1.  FINDINGS  This Debt Policy isi intended to comply with Government Code Section 8855(1), effective on. January 1, The City hereby recognizes that ai fiscally prudent debt policyi is required in ordert to:  2017, and: shall govern all debt undertaken by the City.  Maintain the City's sound financial position. levels, and operating expenses.  Ensure the City has thei flexibility to respond to changes in future service priorities, revenue Protect the City's credit worthiness. Ensure that all debti is structured in order to protect both Ensure that the City's debt is consistent withi the City's planning goals and objectives and capital  current and futurei taxpayers, ratepayers and constituents oft the City.  improvement program or budgets, as applicable.  2.  SCOPE AND AUTHORITY  The City Manager, or designee, is charged with the responsibility for prudently and properly managing any and all debt incurred by the City. The following policy provides the methods, procedures, policies and practices which, when exercised, ensure the sound fiscal management oft the City's debt program. While adherence to this Policy is required in applicable circumstances, the City recognizes that changes int the capital markets, City programs, and other unforeseen circumstances may from time tot time produce situations that are not covered by the Debt Policy and require modifications or exceptions to achieve policy goals. In these cases, management flexibility is appropriate, provided specific  authorization from the City Council is obtained.  1  -26-    3. POLICIES  3.1. PURPOSES FOR WHICH DEBT MAY BE ISSUED  i.  Long-Term Debt. Long-term debt may be issued tot finance the construction,  acquisition, and rehabilitation of capital improvements and facilities, equipment, and land to be owned (a) Long-term debt financings are appropriate when one or more of the following conditions exist: When the project tol be financed is necessary to provide basic services. When the project to be financed will provide benefit to constituents over multiple years. When total debt does not constitute an unreasonable burden tot the City and its taxpayers When the debt is used to refinance outstanding debt in order to produce debt service (b) Long-term debt financings will not generally be considered appropriate for current operating (c) The City may use long-term debt financings subject to thet following conditions: The project to be financed must be approved byt the Governing Board. the average useful life of the project tol be financed.  and operated byt the City.  and ratepayers.  savings or to realize the benefits ofa a debt restructuring. expenses and routine maintenance expenses.  The maturity of the debt (or the portion of the debt allocated tot the project) will not exceed The City Manager, or designee, estimates that sufficient revenues willl be available to service The City determines that thei issuance oft the debt will comply with applicable state and Short-term debt. To the extent permitted by law, other types of short-term borrowings,  the debt through its maturity. federal laws. ii.  such as commercial paper,andl lines ofcredit, willl be considered: as ani interim source offunding in anticipation of long-term borrowing. Short-term debt may be issued for any purpose for which long- term debt may bei issued, including capitalized interest and other financing-related costs. Prior to issuance of the short-term debt, a reliable revenue source: shalll be identified tos secure repaymento ofthe debt." Thef final maturity oft the debt issued tot finance the project shall be consistent with the economic or useful life of the project and, unless the Board determines thate extraordinary circumstances exist, must not exceed seven (7) years. Short-term debt may also be used to finance short-lived capital projects; for ii. Financings on Behalf of Other Entities. The City may also find it beneficial to issue debt on behalf of other governmental agencies or private third parties in order tot further the public purposes of the City. In: such cases, the Citys shall take reasonable steps to confirm the financial feasibility of the project to be financed and thet financial solvency of any borrower and that the issuance of such debti is  example, the City may undertake lease-purchase financing for equipment.  consistent with the policies set forth herein. 3.2. TYPES OF DEBT.  For purposes of this Debt Policy, "debt" shall be interpreted broadly to mean loans, bonds, notes, certificates of participation, financing leases, or other financing obligations, but the use of such  2  -27-    term int this Debt Policy shall bes solely for convenience and: shall not bei interpreted to characterize any such obligation as ani indebtedness or debt within the meaning of any statutory or constitutional debt limitation where thes substance: and terms of the obligation comport with exceptions thereto. In order to maximize the financial options available to benefit the public, itis the policy oft the City to allow fort the consideration ofi issuing all generally accepted types of debt, General Obligation (GO) Bonds: General Obligation Bonds are: suitable for use int the construction or acquisition of improvements to real property that benefit the publica at large. Examples of projects include but, are not limitedt to:s streeti improvements, libraries, parks, and publicsafetyt facilities. AIIG GO bonds shall be authorized by the requisite number Lease-Backed Debt/Certificates of Participation (COP): Issuance of lease-backed debti isa commonly used form of debt that allows a City to finance projects where the debt service iss secured via al lease, lease/purchase agreement ori installment agreement. Special Assessment/Special Tax CityDebt: The City willconsiderrequests: from developers for the use of debt financing secured by property based assessments or special taxes in ordert to provide for necessary infrastructure for new development only under strict guidelines adopted by the City Board, which mayi includer minimum value-to-lien ratios andi maximumi taxb burdens. Examples ofthis type of debt are Assessment Citys (AD) and Community Facilities Citys (CFD) sometimes referred to as Mello- Roos Citys. In order to protect bondholders as well as the City'scredit rating, the City will also comply with all State guidelines regarding the issuance of special tax City or special assessment debt, as well as any policy required to be adopted under Conduit financings, such as financings for affordable rental housing and qualified! 501(c)3 organizations . State or federal loans, including Revolving Fund loans Loans and lines of credit with banks and other financial institutions Refunding bonds, notes, loans, and other obligations  including, but not exclusive tot the following:  of voters in order to pass.  Government Code Section 53312.7.  Pension Obligation Bonds  The City may fromi time to time find that othert forms of debt to, the extent permitted byl law, would be beneficial to further its public purposes and may approve. such debt without an amendment of The City may from time to timet find that other forms of debt would be beneficial to further its public purposes and may approve such debt without an amendment oft this Debt Policy. 3.3. RELATIONSHIP OF DEBT TO CAPITAL IMPROVEMENT PROGRAM AND BUDGET. The City is committed to long-term capital planning. The City intends to issue debt for1 the purposes stated int this Debt Policy and to implement policy decisions incorporated in the City'scapital budget and The City shall strive tot fund the upkeep and maintenance of its infrastructure and facilities due to normal wearandi teart through the expenditure of available operating revenues. The City shall seekt to avoid the use of debt to fund infrastructure and facilities improvements that are the result of normal  this Debt Policy.  the capital improvement plan.  wear and tear.  3  -28-    The Citys shalli integrate its debt issuances with the goals ofi its capital improvement program byt timing thei issuance of debt to ensure that projects are available when needed int furtherance oft the City's The City shall seek to issue debt ina at timely manneri to avoid having to make unplanned expenditures for  public purposes.  capital improvements or equipment from the General Fund.  3.4. POLICY GOALS RELATED TO PLANNING GOALS AND OBJECTIVES.  The City is committedi to long-term financial planning, maintaining appropriate reserve levels, and employing prudent practices in governance, management, and budget administration. The Cityi intends to issue debt fort the purposes stated ini this Policy and to implement policy decisions Itis a policy goal of the Cityt to protect taxpayers, ratepayers, and constituents by utilizing conservative financing methods and techniques so as to obtain the highest practical credit ratings (ifa applicable) and The City will comply with applicable state and federal law as it pertains to the maximum term of debt and the procedures for levying and imposing any related taxes, assessments, rates, and charges. When refinancing debt, its shall bet the policy goal oft the City to do sO either fort the purpose of realizing debt service savings orf fort the purpose of restructuring debt in a manner which is in the best financial interests oft the City. Any refinancing of debt fort the purpose of realizing debt service savings should seek achieve a minimum net present value debt service savings equal to or greater than 3.0% oft the refunded principal amount. The 3.0%1 threshold should: serve as a guideline; the Cityr may refinance outstanding bonds in order to meet certain policy/financial objectives, such as: removing restrictive covenants, reshaping debt profile or budgetary/cash flow relief, unique financial circumstances or  incorporated in the City's annual operations budget.  the lowest practical borrowing costs.  historically lowi interest rates, and limit term to maturity.  3.5. General Debt Guidelines  i.  Purposes ofl Issuance. The City will utilize debt obligations only after giving due  consideration to all available funding sources, including available cash reserves, available current revenues, potential future revenue: sources, potential grants, and all other financing sources legally available to be used for such purposes. Long-term debt will not bei issued for operations or maintenance costs. Expenditure of bond proceeds should be limited to major, non-recurring Apenditures/expenses, including but not limited to:t thet financing of costs related to capital project planning and design, land acquisition, real property, and equipment acquisition; the construction or renovation of buildings and permanent structures and the equipping thereof; financing costs related tot thei issuance ofs securities, capitalized interest, necessary or financially prudent debt service reserves; or other costs as permitted by law. Refunding bond issues designed to restructure currently outstanding debt are an acceptable use  of bond proceeds.  4  -29-    ii.  Approval by the City Council. AlI long-term financing transactions shall be approved by  the City Council. Such approvals shall not be on the consent calendar. The City Council shall comply with all public hearing requirements applicable tot the specific type of debt being approved.  ii. Maximum Maturity. All debt obligations shall have a maximum maturity oft the earlier of: i) the estimated useful life of the capital improvements being financed, ii) 30 years or, ii) int the event obligations are beingi issued to refinance outstanding debt obligations, thet final maturity of the debt obligations being refinanced unless al longer term is approved by the City Council.  iv. Debt Limitations. All long-term financings will comply with applicable statutory regulations and City policy. Specifically, the City will maintain compliance with California Government Code Section 43605 limiting applicable indebtedness to 15% of the City's assessed all real and personal property valuation. Other debt limitations will be established for specific issuances to ensure all debt  covenants can be met and operations can be maintained.  V.  Debt Structures. Debt shall be issued as fixed rate debt unless the City makes a specific  determination as to why a variable rate issue would be beneficial to the City in a specific circumstance. vi. Capitalized Interest (Funded Interest). Subject to federal and state law, interest mayl be capitalized from date of issuance of debt obligations through the completion of construction. Interest may also be capitalized for projects in which the revenue designated to pay the debt service on the bonds will be collected at at future date, not to exceed: six months from the estimated completion of  construction and offset bye earnings ini the construction fund.  vi. Bond Covenants and Laws. The City shall comply with all covenants and requirements of applicable bond resolutions, indentures, trust agreements, and other financing documents, as wella as applicable state andi federal laws authorizing and governing the issuance and administration of debt  obligations.  vii. Method of Sale. Bonds willl be sold on a competitive basis unless iti isi ini thel best interest of the City to conduct a negotiated: sale or private placement. Negotiated sales may occur when selling bonds to refund existing debt, forl land-secured debt, for variable interest rate debt, for conduit debt, or for other appropriate reasons. Private placements may occur when economically: advantageous for conduit debt, for capital requirements too small to bear the costs ofa a public debt issuance, for debt obligations with short amortization schedules, or for other valid reasons. Staffs shall evaluate the cost- effectiveness of alternative financing methods before the City conducts ap private placement of debt. viii. Refunding. The Citys shall review its outstanding debt for the purpose of determining if thet financial marketplace will afford the Cityt the opportunity to refund an issue and lessen its debt service costs. For refunding undertaken to achieve debt service savings, the sum total of all: savings (net ofe expenses and funds contributed byt thei issuer at the time of closing), discounted toi the present at the bond true interest cost, should at a minimum produce net present value savings equal to at least 3% of the par amount of refunding bonds to be sold. Refunding may be undertaken for reasons other than to  5  -30-    achieve debt service: savings, such as to remove restrictive covenants or restructure debt payments. Such restructuring refunding do not need to achieve 3% net present value savings.  ix. time of issuance. X. advantage.  Municipal Code and State and Federal Laws. All debt issued must bei in conformance  with applicable sections oft the Municipal Code, as well as with state and federal laws in effect at the  Use of Public Financing Authorities. Depending upon the nature oft the debt being  issued, the City may elect to create a publici financing authority should doing so bet to the City's  xi. Arbitrage Rebate Monitoring. Staff will comply with the arbitrage rebate and monitoring requirements as set forth byt the U.S. Treasury Department. Should staff determine that iti is advisable to do: so, arbitrage rebate analysis reports may be performed more frequently than once every Investment of Bond Proceeds - Bond proceeds willl be invested only ini investments as permitted by the applicable governing document oft the bond issue. When placing suchi investments, staff will ensure that there is sufficient liquidity to meet the underlying needs (i.e. construction funds or debt service reserve funds) of the funds being invested. Staff will give due consideration to credit risk and counterparty risk  five years as is required byt the U.S. Treasury Department.  when investing such funds.  xii. Continuing Disclosure. The City will remain in compliance with Title 17 Code of Federal Regulations 5240: 15c2-12, Municipal Securities Disclosure, by filing our annual financial statements and other financial information for the benefit of our bondholders no later than the last day of the seventh month following the close of thet fiscal year and file material event notices in at timely manner. xiii. Use of Bond Proceeds. The City Manager, or designee, and other appropriate City Monitor the use of Bond proceeds and the use of Bond-financed assets (e.g., facilities, furnishings or equipment) throughout the term of the Bonds (and in some cases beyond the term oft the Bonds) to ensure compliance with covenants and restrictions set forthi in Maintain records identifying the assets or portion of assets that are financed or refinanced Consult with Bond Counsel and other professional expert advisers in the review of any contracts or arrangements involving use of Bond- financed facilities to ensure compliance with all covenants and restrictions. setf forth in applicable City resolutions and Tax Maintain records for any contracts or arrangements involving the use of Bond-financed facilities as might be necessary or appropriate to document compliance with all covenants and restrictions set forth in applicable City resolutions and Tax Certificates.  personnel shall:  applicable City resolutions and Tax Certificates. with proceeds ofe eachi issue of Bonds.  Certificates.  6  -31-    3.6 INTERNAL CONTROL PROCEDURES.  When issuing debt, in addition to complying with the terms oft this Debt Policy, the City shall comply with any other applicable policies regarding initial bond disclosure, continuing disclosure, post-issuance The City will periodically review the requirements of and will remain in compliance with the following:  compliance, andi investment of bond proceeds.  Any continuing disclosure undertakings under SEC Rule 15c2-12; compliance, related to any prior bond issues; and  Any federaltax compliance requirements, including without limitation arbitrage and rebate The City's investment policies as they relate to thei investment of bond proceeds. Itist the policy oft the Cityt to ensure that proceeds of debt are spent only on lawful and intended uses. Whenever reasonably possible, proceeds of debt will be held by at third-party trustee, and the City will The City shall seek to borrow tax-exempt proceeds that can be reasonably spent within the IRS: spending The City wills submit a requisition only after obtaining the signature of the City Manager. Ini those cases where it is not reasonably possible fort the proceeds of debt to be held bya at third-partytrustee, the person performing the function ofc chief financial officer of the City shall retain records ofa all  submit written requisitions for such proceeds. requirement approximately 3 years.  expenditures of proceeds through the final payment date fort the debt. 3.7. ADOPTION BY RELATED LOCAL AGENCY.  This Debt Policy may be adopted, and shall be applicable to, any other local agency for which the City Council acts as the governing board thereof (each, a "Local Agency"). The adoption of this Debt Policy by the Local Agency shall be evidenced by a resolution adopted byt the City Council, in its capacity as the governing board of such Local Agency, adopting this Debt Policy and specifying the officer(s) authorized to submit the requisitions, and required to retain the records, described above on behalf of such Local  Agency.  7  -32-    CITY OF  675 Wildwood. Avenue Rio Dell, CA95562  DELL) CALIFOKNA  TO:  Mayor and Members oft the City Council  THROUGH: Kyle Knopp, City Manager  FROM: DATE:  Karen Dunham, City Clerk September 3, 2024  SUBJECT: Resolution No. 1620-2024 Related to the City's  (0.75%) Transactions and Use (Sales) Tax for General  Purposes  RECOMMENDATION  Approve Resolution No. 1620-2024 authorizing examination of Sales or Transactions and Use Taxrecords, repealing Resolution No. 1613-2024.  BACKGROUND AND DISCUSSION  At the August 6, 2024, regular meeting, the City Council adopted Resolution No. 1613-2024 and other documents related to the extension and reduction of the one percent (1.00%) Transactions and Use (Sales) Tax to (0.75%) as approved by the voters at the November 8, 2022 Statewide General Election. The resolutions, agreements, and forms were sent to the California Department ofTax and Fee Administration (CDTFA) as required for the administration and Upon review of the information submitted, CDTFA requested a revision to the Resolution to delete Section 3 which would supersede all prior resolutions. Although the resolution implementing the 1% Transactions and Use Tax will expire on 12/31/24, iti needs to remain in force as there will still be some revenue due to amended returns or audits. Without the prior resolution in place, CDTFA would not be able toj provide any transactions and use tax records to the  collection of the taxes.  City.  -33-    ATTACHMENTS: Resolution No. 1613-2024 Resolution No. 1620-2024  -34-    OTY OF RIO DELD) CALIFORMA  RESOLUTION NO. 1620-2024  ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIODELL AUTHORIZING EXAMINATION OF SALES OR TRANSACTIONS AND USE TAXI RECORDS REPEALING RESOLUTION NO. 1613-2024  WHEREAS, pursuant to Ordinance Number 394-2022 of the City of Rio Dell (District), and Revenue and' Taxation Code section 7270, the District entered into a contract with the California Department of Tax and Fee. Administration (Department) toj perform all functions ofincident to the administration and WHEREAS, the Board oft the District deems it desirable and necessary for authorized officers, employees and representatives oft the District to examine confidential sales or transactions and use tax records oft the Department pertaining to transactions and use taxes collected by the Department for the WHEREAS, Section 7056 oft the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of] Department records, and Section 7056.5 ofthe California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records oft the NOW, THEREFORE, THE BOARD OF THE DISTRICT OF THE CITY OF RIO DELL Section 1. That the City Manager and the Finance Director, or other officer or employee oft the District designated in writing by the City Manager to the California Department of Tax and Fee. Administration isl hereby appointed to represent the District with authority to examine sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected for the District by the  collection of transactions and use taxes; and  District pursuant to that contract; and  Department;  HEREBY RESOLVES AS FOLLOWS:  Department pursuant to the contract between the District and the Department.  Section 2. Option 1  The information obtained by examination of Department records shall be used only for purposes related to the collection ofl District transactions and use taxes by the Department pursuant to that The information obtained by examination of Department records shall be used only for those  contract.  governmental functions of the District listed above.  -35-    Introduced, approved and adopted this 3rd day day Septyember 2024.  Debra Garnes, Mayor  I, Karen Dunham, City Clerk oft the City of] Riol Dell, California, DOI HEREBY CERTIFY that the foregoing resolution was duly introduced, approved, and adopted by the City Council of the City ofRio Dell, at ai regular meeting of said Board held on the 3rd day of September, 2024 2024 by the following  roll-call vote:  Ayes: Noes: Absent: Abstain:  Karen Dunham, City Clerk  -36-    CTY OF DELD) CALIFORNA  RESOLUTION NO. 1613-2024  Al RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIO DELL. AUTHORIZING EXAMINATION OF SALES OR TRANSACTIONS AND USE TAX RECORDS  WHEREAS, pursuant to Ordinance Number 394-2022 of the City of] Rio Dell (District), and Revenue and Taxation Code section 7270, the District entered into a contract with the California Department of Tax and Fee Administration (Department) toj perform all functions ofi incident to the administration and WHEREAS, the Board oft the District deems it desirable and necessary for authorized officers, employees and representatives oft the District to examine confidential sales or transactions and use tax records oft the Department pertaining to transactions and use taxes collected by the Department for the WHEREAS, Section 7056 oft the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 oft the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records oft the NOW, THEREFORE, THE BOARD OF THE DISTRICT OF THE CITY OF RIO: DELL Section 1. That the City Manager and the Finance Director, or other officer or employee of the District designated in writing by the City Manager to the California Department ofTax and Fee Administration isl hereby appointed to represent the District with authority to examine sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected for the District by the  collection oftransactions and use taxes; and  District pursuant to that contract; and  Department;  HEREBY RESOLVES AS FOLLOWS:  Department pursuant to the contract between the District and the Department.  Section 2. Option 1  The information obtained by examination of Department records shall be used only for purposes related to the collection ofl District transactions and use taxes by the Department pursuant to that The information obtained by examination of Department records shall be used only for those  contract.  governmental functions of the District listed above.  -37-    Section 3.  Fa:issalwienswpereinssafa-Baefa-Daniitalepapuusto  HbdHvSien-)efRevenweand-Taxatien-Cede-sectien-7056. Introduced, approved and adopted this 6th day of August 2024.  Amanda Carter, Mayor Pro Tem  I,1 Karen Dunham, City Clerk oft the City ofF Rio Dell, California, DO HEREBY CERTIFY that the foregoing resolution was duly introduced, approved and adopted by the City Council of the City ofRio Dell, at a regular meeting of said Board held on the 6th day of August, 2024 by the following roll-call  vote:  Ayes: Noes: Absent: Abstain:  Carter, Orr, and Wilson None Garnes and Woodall None  Karen Dunham, City Clerk  -38-    DELD)  Staff Highlights = 2024-09-03  City Council City Manager  Contractor Mercer Fraser is expected to begin work on the long anticipated Monument Slip Out repair on Tuesday, September 3rd. The slip out resulted from the 2017 federally declared storm disaster. Even though it was a federally declared disaster, the County and the City have struggled for years dealing with the agency to gett the project moving forward and had to enlist the support of Congressman Huffman to gain any level oft traction. The local share oft the cost of  the project will be split between the City and the County.  City Clerk  Processed Three (3) Building Permit Applications: 157 Ogle Ave. - Re-Roof Residence 415 Dixie St. -1 100 Amp Service Panel Upgrade 172 Ogle Ave. - Sewer Lateral Processed One (1) Business License. Application: Redwood Curtain Construction - Non-Resident Contractor Processed One (1) Encroachment Permit: 172 Ogle Ave. - Installed Sewer Lateral to the Street  Misc:  Submitted August Employment Data Report to US Census Bureau Submitted the LAWCX 2025-26 Pre-Renewal Survey to SCORE  Submitted information to SCORE for upcoming property appraisals with HCA Appraisals Submitted the monthly building permit report for August to the CHf Building Permit  Foundation  Responded to PRA Request Related to Lexipol Followed up with late T.O.T. payment on a' Vacation Rental  -39-    W DELD  Prepared Employee Compensation Timeline  Submitted letter to contractor Re: Working without al Permit or Business License  CityAttorney  Human Resources, Risk & Training Finance Department  Closing out the Per Capita Park Development Grant (Dog Park)  Working with State Waterboards gathering financial information and required documentation Worked with City Attorney to develop al Debt Management Policy for the City  Participated in Loan Committee for CDBG Loan candidate Completed Final Closeout report for CHP grant for Police Department Completed Time- Extension request for Clean CAI Eel River Trail grant project  Updated the City'sl Local Public Agency DBE Annual Submittal Form 9-B and Local Agency Americans with Disabilities Act Annual Certification Form required for compliance with the Caltrans DBE Program and  ADA Program for all federal-aid transportation projects. Processed Invoice #4 fort the Rio Dell Water Infrastructure project  Discussed Traffic Study options with City staffi including funding options for future roadways work: such as Caltrans Sustainable Transportation Planning Grants and Local Highway Safety Improvement Program  (HSIP).  Public Works Water Water Annual Report to SWRCB Monthly water testing  Monthly report to Division of Drinking Water  Schedule Surface water sampling schedule to be completed in two weeks.  Water tank site maintenance Rio Dell Metro Wells Site Maintenance Read Water Meters  -40-    DELL)  Replace failed water meter, register and ERT's.  Eel River Surface Water Plant analyzer maintenance and calibrations and reporting, Rio Dell Metro' Wells water sampling plan.  Work with FreshWater Environmental on Backflow prevention plan, Lead Service line survey Consult with WesTech on Rio Dell Metro Wells performance and maintenance  Consult with Wahlund Construction to replace pumps in Infiltration Gallery, scheduled for late 720/955 Dinsmore meter misreading due to backflow due to auxiliary pump, recommended them to install a 1" check valve to fix the problem..Should have al backflow installed 426 Painter St. raised meter and install new meter valve, installed traffic lid.  September.  1421 D Eeloa replace bad meter valve with new one Check list of domestic water connections for lead pipe  Public Works Wastewater  Collection system checked weekly, system is much dryer.  Weekly. Jetting occurs on Thursdays.  DJ's Burger Bar has a F.O.G. issue, clogging the main a few times this month.  Sludge Dryer Rotary. Joints were installed.  Monthly Sampling is proving Chloramine Project a success.  Lateral Test at 127 Berkley, new lateral with 2 cleanouts and backflow device. Passed test.  Lateral Test at 654 Rigby, 2 cleanouts and backflow device. Passed test. Regulations by Title only was passed and adopted by the City Council.  Second Reading of Ordinance NO.406-2024 Amendment to Chapter 13.10: Sewer Rates and  Public Works Streets, Buildings and Grounds Mowed, edged and weed whip north gateway  Mowed Dinsmore tank access road and tank site, Northwestern Ave, Edward Drive, Monument Rd, Pacific Ave behind City! Hall, Blueslide Rd and parts of Belleview. Ave and WWTP Irrigation  Field by Wendt Construction Tractor mower  -41-    DELD/  Work with MCI on Eel River Trail construction project Work on' WWTP Plant 2 reclaimed water pumps  Rio Dell Dog Park -add concrete picknick table and bench from Triangle park  Mowed North and South gate Hand weed South islands  Mowed overpass ramps and parks and side streets  Shop work  Public Works City Engineer Public Works Capital Projects Police Department  Community Development Department  Intergovernmenta.  Humboldt-Rio Dell Business Park  -42-