CITY OF RIO DELD) CALIFORNA RIO DELL CITY COUNCIL REGULAR MEETING - 6:00 P.M. TUESDAY,AUGUST 6, 2024 CITY COUNCIL CHAMBERS 675 WILDWOOD AVENUE, RIO DELL WELCOME Copies of this agenda, staff reports and other material available to the City Council are available at the City Clerk's office in City Hall, 675 Wildwood Avenue and available on the City's website at cityofriodellca.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 held in City Hall Council Chambers to in-person attendance by the public. The publicmay 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: In 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 ubliccomment@ctyofiodellcagovy 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 oft the Council meeting. Your comments will be read out Meetings can be viewed on Access Humboldt's website at] tps//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/Atcer/accesshumbold. Zoom Public Comment: When the Mayor announces the agenda item that you wish to comment on, call the conference line and turn offy your TV or live stream. Please call the toll-free number 1-888-475-4499, enter meeting ID9 987 154 0944 and press star (*)9 on your phone - this will raise your hand. You will continue tol hear the meeting on the call. When iti 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. Assuch, a dialogue with the Council or staff 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 2/3ofthe 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 adopting the printed recommended Council action will be enacted with one vote. The Mayor will first ask the staff the public, and the Councilmembers ift there is anyone who wishes to address any matter on the Consent Calendar. The matters removed from the Consent Calendar will be considered individually following action on the remaining consent calendar items. 1) 2024/0806.01 - Approve Minutes oft the July 16, 2024 Regular Meeting (ACTION) Pg. 1 1 2) 2024/0806.02- Approve Minutes oft the July 31, 2024 Special Meeting 3) 2024/0806.03- Approve Resolution No. 1612-2024 and 1613-2024 (ACTION) Pg. 8 Related to. Administration and Examination of the City's (0.75%) Transactions and Use (Sales) Tax (ACTION) Pg.13 4)2024/0806.04 Approve Resolution No. 1615-2024 Approving an Amendment to the City of Rio Dell Employee Handbook, Section 5.11 Related to Jury Duty (ACTION) Pg. 37 5) 2024/0806.05 Authorize Staff to Amend the. Agreement with Redwood Community Action Agency for Non-Infrastructure Work Related to the Eel River Trail Project (ACTION) Pg. 41 6) 2024/0806.06 Authorize Staffto Periodically Close Vehicular River Access at Edwards Drive through December 2024 (ACTION) Pg. 43 7) 2024/0806.07 Authorize Amendment to the Scope of Services with City Engineer, GHD in the Amount of $11,500 for the Eel River Trail Project (ACTION) Pg. 44 G. ITEMS REMOVED FROM THE CONSENT CALENDAR H. REPORTS/STAFF COMMUNICATIONS 1) 2024/0806.08 City Manager/StafUpdate (RECEIVE & FILE) Pg. 49 . SPECIAL RESENTATIONS/SIUDX SESSIONS - SPECIAL CALL TEMS/COMMUNITY AFFAIRS/PUBLIC HEARINGS K. ORDINANCES/SPECIAL RESOLUTIONS/PUBLIC CHEARINGS 1) 2024/0806.09 - Introduction and First Reading (by title only) 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 Chair and Vice-Chair on a bi- annual basis (DISCUSSION/POSSIBLEACTION) Pg. 54 Ordinance No. 406-2024 Amending Chapter 13.10, "Sewer Rates and eguations/Sections 13.10.170, 13.10.210, 13.10.220 and 13.10.467 oft the Rio Dell Municipal Code (RDMC) DSCUSON/POSSIBLE 2)2024/0806.10 - Introduction and First Reading (by title only) of ACTION) Pg. 61 L. COUNCIL REPORTS/COMMUNICATIONS M. ADJOURNMENT The next regular City Council meeting is scheduled for Tuesday, August 20, 2024 at 6:00 p.m. RIO DELL CITY COUNCIL REGULAR MEETING MINUTES JULY 16, 2024 The regular meeting of the Rio Dell City Council was called to order at 6:10 p.m. by ROLL CALL: Present: Mayor Garnes, Mayor Pro Tem Carter, Councilmembers Mayor Garnes. Orr, Wilson, and Woodall Others Present: City Manager Knopp, Finance Director Sanborn, Interim Chief of Police Conner, Water/Roadways: Superintendent Wastewater Superintendent Kelly, Senior Fiscal Assistant Maciel, and City Clerk Dunham Absent: Community Development Director Caldwell PUBLIC PRESENTATIONS public commented. CONSENT CALENDAR Mayor Garnes invited public comment on non-agenda matters. No members of the Mayor Garnes asked if any councilmember, staff or member of the public would like to remove any item from the consent calendar for a separate discussion. No items were A motion was made by Woodall/Carter to approve the consent calendar including the removed. following items: 1) Minutes of the June 18, 2024 regular meeting; Association of Governments (HCAOG); California Cities Annual Conference; 4) Check Register for June; and 2) Authorizing the Finance Director to sign and submit the City's Annual Regional Surface Transportation Program (RSTP) Claim to the Humboldt County Aeromod Tritan Belt Filter Press in the amount of $17,693.78; and 3) Resolution No. 1610-2024 Designation of Voting Delegate for the League of 5) Authorizing the City manager to executer a contract for professional services with CSG Consulting for SB 1383 Compliance and Franchise Consultant Agreement Development in the amount of $25,530. Motion carried 5-0. REPORTSISTAFF COMMUNICATIONS -1- JULY 16, 2024 MINUTES Page 2 City Manager/Staff Update City Manager Knopp provided highlights of the staff update and said that a ceremonial groundbreaking with Senator McGuire, Cal OES representatives and other local officials would be occurring tomorrow at 1:30 p.m. at the Douglas Street water tank for the City's water distribution system capital project. He encouraged all councilmembers to attend and recommended carpooling due to limited parking. Change in Order of Agenda Mayor Garnes announced that the last item on the agenda related to the camera system at Financial Support for Camera System Related to the Public Restrooms at Fireman's Park City Manager Knopp provided a brief staff report and said that at the June 18, 2024 City Council meeting, Mayor Pro Tem Carter requested that the Council agenize an item to discuss a financial contribution covering a portion of the cost of a camera system for Mayor Pro Tem Carter said that she brought this item before the Council as a result of the recent vandalism and said that the City needs to support the Fire Department in their efforts to crack down on vandalism. She noted that Fireman's Park is the only public park in the city and security cameras would not only help the police department but be a benefit to the entire community. She recommended the City Council approve a contribution to Jim Barsanti, Rio Dell Fire Commissioner addressed the Council and began by thanking the City Council for its generous contribution of $2,500 for playground equipment. He said that someone broke into the women's bathroom at the park and vandalized the bathroom resulting in $2,500 in damages. In addition, there has been recent vandalism to the memorial picnic tables. He expressed the need for security cameras at the park and said that they received an estimate from Advance Security in the amount of $4,660.53 for the installation of four (4) security cameras to be placed on the fire hall roof. One camera would shine toward the bathrooms, the other three would cover the park, the baseball field Mayor Garnes commented that installation of the security cameras would benefit the entire Councilmember Wilson asked how hard it would be for the vandals to access the cameras. Jim Barsanti said that Advance Security recommended against installing the cameras on poles and that the best location would be on the peak of the building. He said that they are Fireman's Park was being moved up to this position of the agenda. Fireman's Park due to recent vandalism of the public bathroom. help cover a portion of the cost of the camera system. and the playground equipment. community, not just the fire department. exploring options for protecting the cameras. -2- JULY 16, 2024 MINUTES Page 3 Councimember Woodall asked if the cameras being proposed are high resolution Chief Conner commented that even with cameras that produce low quality pictures, they Mayor Pro Tem Carter suggested the City split the cost of the camera system and City Manager Knopp reminded the Council that they should include in the motion that the contribution is in the best interest of the public and that the contribution be a Ar motion was made by Woodall/Carter making the finding that a cost share to the Fire Department for a security camera system is in the best interest of the public and that the City Council authorize reimbursement of $2,300 to the Fire Department once the work is cameras. can often identity a suspect by the way they walk. authorize a contribution to the Fire Department of $2,300. reimbursement. done. Motion carried 5-0. SPECIAL PRESENTATIONS/STUDY SESSIONS Presentation by Wastewater Superintendent Kelly on future proposed amendments to the Sewer Regulations and the creation of the Sewer Lateral Repai/Replacement Program Wastewater Superintendent Kelly provided a staff report and explained that as the City Council is aware, inflow and infiltration (1&I) issues during the wet weather season are extreme. Staff's goal is to work with the residents to resolve some of these I & li issues on private property by providing guidance with clearer language in Chapter 13.10 of the Rio She said that with adoption of the ordinance related to Sewer Rates and Regulations in 2013, there were articles from the past ordinance not included, leaving some language vague and misinterpreted. With clearer language, staff is hopeful preventative maintenance and scheduled maintenance will be established with future projects. Revolving Loan Fund Dell Municipal Code (RDMC), "Sewer Rates and Regulations". Suggested revisions to the ordinance included the following: 1) Making it clear that backflow devices and lower cleanouts with correct direction of sweep are installed at the time of sale during the sewer lateral inspection. 2) Clarifying language that at the time of sale, with sewer lateral inspections that camera work be done to look for tie-ins or shared laterals. When discovered, these are to be immediately made aware to the property owners and that a 60- day time line be given to fix the problem. -3- JULY1 16, 2024 MINUTES Page 4 3) Requesting that ifa property is within 300 feet oft the City sewer and their current on-site wastewater treatment (septic) system fails or is not adequate for future development of the property, that the property tie into the City's sewer system. Wastewater Superintendent Kelly further explained that throughout the City there are many hidden sewer laterals, some of them tie into their neighbors' laterals which is not legal and must be dealt with at the time of sale when a lateral test inspection is attempted and She said that it is during these tests that neighbors and homeowners discover the problem and letters of deferment are written to help with the completion of the project. Sometimes these lateral corrections can be costly and as a surprise cannot be financially sustainable corrections must be made to pass the lateral inspection. for the low-income residents. Staff recommended that at a future date the City do the following: 1) Create the Sewer Lateral Repat/Replacement Program Revolving Loan Fund with the City setting aside $150,000 from the Sewer Fund to make available to homeowners that need sewer lateral replacement and lower cleanout 2) Ai fixed 5-year loan with 6% interest be paid back to the City. installation. She explained that the Revolving Loan Fund (RLF) project is currently being reviewed by the Finance Department and the City Attorney as they resolve some of the details. Staff Mayor Pro Tem Carter supported the recommended revisions to the ordinance. Councimember Wilson asked if the City has the equipment to camera the lines. Wastewater Superintendent Kelly said that the homeowner is responsible for hiring a licensed plumbing contractor to camera the line and do the sewer lateral test. Councimember Wilson questioned the direction of the sweep. will have a complete presentation for the Council at a future date. Wastewater Superintendent Kelly explained that the sweep is at the lower cleanout at the property line and the sweep needs to be toward the city sewer main. If they are installed Councilmember Woodall asked if homeowners are only required to have sewer lateral incorrectly, it causes problems down the line. inspections at the time of sale of the property. -4- JULY 16, 2024 MINUTES Page 5 Wastewater Superintendent Kelly said that currently it is only at the time of sale sO when they camera the line and discover a tie-in with a neighboring property, they are required to disconnect from the neighbor and tie into the city main within a designated time frame. Mayor Garnes called for public comment. Kieley Hawthorne, 351 First Ave. addressed the Council regarding a recent sewer backup that occurred at her residence. She said that when she purchased the property 2-3 years ago, she had a contractor come and perform the sewer lateral test and everything passed. She said that she also received a letter from the City stating that she was not responsible for any repairs to the sewer lateral. She indicated that the neighbor at 353 First Ave. is tied into her sewer line and recently when the City was hydro-jetting the main sewer line, sewer backed up into her house causing damage to personal items in her bathroom. Sharon Wolfe asked if the proposed amendments related to septic tanks applies to the Wastewater Superintendent Kelly explained that there are some properties in the City that have private septic systems and if they fail or are not sufficient for a proposed development and are within 300 feet of the sewer main, they would be required to connect City Manager Knopp pointed out that the State of California (Cal Fire) is not required to Sharon Wolfe mentioned the establishment of the Sewer Revolving Loan Fund and said that 6% interest seems high in consideration of the fact that Rio Dell is a low-income area. She said that the program sounds good but since the City would benefit from the homeowner doing these repairs, suggested the City Council consider establishing a lower Cal Fire property. to City sewer. comply with the City's regulations. interest rate. SPECIAL CALL TEMSICOMMUNITY AFFAIRS/PUBLIC HEARINGS Public Hearing on the List of Delinquent Sewer Accounts to send to the Auditor-Controller Finance Director Sanborn provided a staff report and said that at the meeting of July 6, 2023, the City Council adopted Ordinance No. 399-2023 to allow the City to send delinquent sewer charges to the auditor-controller to add them to the tax roll as a lien. He said that S 5473 of the Health and Safety Code allows the collection of overdue sewer charges through taxes and in order to do sO, certain steps must be followed. He reviewed the seven (7) steps as required by the code and provided a list of fifteen (15) delinquent for placement on the taxi roll sewer accounts identified by assessor parcel number (APN). -5- JULY 16, 2024 MINUTES Page 6 Councimember Woodall identified the process as being similar to nuisance abatement Mayor Garnes opened the public hearing to receive public comment related to the Katherine Fontaine addressed the Council on behalf of 185 Douglas St. She said that she received a notice from the City with the final due date for a delinquent utility bill and questioned the final day to pay the bill before it goes toi the County as a lien. Finance Director Sanborn explained that customers with delinquent sewer accounts would have until August 10, 2024 to pay the bill in full; after that the lien would be placed on the property taxes and the customer would need to contact the County Auditor-Controller to liens where it potentially takes 5 years for the City to collect the debt. delinquent sewer accounts. settle the debt. There being no further public comment, the public hearing closed. A motion was made by Carter/Woodall to approve the final list of delinquent sewer accounts to send to the. Auditor-Controller for placement on the tax roll. Motion carried 5-0. COUNCIL REPORIS/COMMUNICATIONS Councimember Woodall reported on recent meetings and activities and said that a representative from Proper Wellness attended the last Beautification, Walkability and Pride Committee meeting saying that they wanted to be more involved in the community and offered to organize clean-up events in the City. The first clean-up event was on July gth which was a big success. She said that it is nice to see businesses that want to get Mayor Pro Tem Carter reported on her attendance at recent meetings and events including the RREDC meeting that was hosted by the City, meetings of the Chamber of Commerce, the Rio Dell School Board, the Rio Dell Fire District, and said that the Nuisance Advisory Committee was scheduled tomorrow at 3:00 p.m. at City Hall followed by the Beautification, Walkability and Pride Committee meeting on Friday at 1:30 p.m. She reminded everyone of the upcoming Wildwood Days festivities and encouraged everyone to come out and enjoy the fun. She said that her mom would be singing at involved. Mingo's on Thursday at 1:30 p.m. and invited everyone to come by. Councimember Orr said that this month's HCAOG meeting was canceled. also canceled and there was no HWMA meeting scheduled for August. Councilmember Wilson reported that the RCEA meeting scheduled for next Thursday was 6- JULY 16, 2024 MINUTES Page7 Mayor Garnes reported on the July 3rd HTA meeting and said that they are moving forward with the Ride Humboldt campaign with one ticket available from Crescent City to Santa Rosa. She said that she is doing her best to convince them to include a stop at Davis St. to avoid riders having to go to Fortuna to catch the bus. She said that they say that it is a timing issue with the express route but since it is a quick on and from Davis to She announced that she would be attending a Seismic Safety Committee meeting on Thursday and that she would not be attending the August 6 City Council meeting. She said that she would also miss the next HTA meeting and asked Councimember Woodall the freeway, she is hoping they will consider the request. as alternate on the board to attend if possible. ADJOURNMENT A motion was made by Carter/Woodall to adjourn the meeting at 6:50 p.m. to the August 6, 2024 regular meeting. The motion carried 5-0. Debra Garnes, Mayor Attest: Karen Dunham, City Clerk -7- RIO DELL CITY COUNCIL SPECIAL MEETING MINUTES JULY31, 2024 Mayor Pro Tem Carter called the Special meeting of the Rio Dell City Council to order at 1:00 p.m. ROLL CALL: Present: Mayor Pro Tem Carter, Councilmembers Orr, Wilson and Woodall Absent: Mayor Garnes (excused) Others Present: City Manager Knopp, Interim Chief of Police Conner, Community Development Director Caldwell and City Clerk Dunham PUBLIC PRESENTATIONS Mayor Pro Tem Carter called for public comment on non-agenda items. No public comment was received. SPECIAL MEETING MATTERS Public Hearing on the Determination of an Animal as a Potentially Dangerous Dog Mayor Pro Tem Carter opened the public hearing on the determination of an animal as a Interim Chief of Police Conner provided testimony and said that on July 2, 2024, he was dispatched to a residence regarding a dog bite. He contacted ten-year old Grace Craps who had a laceration on her left calf that was the result of being bitten by an English bulldog while she was at 1051 Pacific Ave. in Rio Dell. Grace was transported to Redwood Memorial Hospital by ambulance and received 7 stiches to close the wound. He said that he investigated the incident further and found three witnesses who all confirmed that Pedro, the English bulldog belonging to Dayana Blanchard, had bitten Grace without provocation and learned that Pedro does not like kids. He said that he later spoke with the owner of the dog who also confirmed that the dog doesn't like children as the result He noted that Ms. Blanchard informed him that Pedro has cancer and doesn't have long to live. He said that he confirmed with the veterinary clinic that he does have cancer in his hind quarters but the prognosis was not spelled out in the medical report. He said that he explained to her that the Rio Dell Municipal Code requires dogs meeting the definition of a potentially dangerous dog to be confined in a fenced yard, a structure, a vehicle, or ona potentially dangerous dog. of him being beaten with sticks by a child. -8- RIO DELL CITY COUNCIL SPECIAL MEETING MINUTES JULY: 31, 2024 Page 2 leash at all times. He said that his determination of Pedro is that he fits that description and that the existing 3-foot tall plastic fence at her residence is not adequate to keep the dog As allowed under the Rio Dell Municipal Code, Ms. Blanchard requested the hearing before the City Council to contest his determination that Pedro is a potentially dangerous dog and Ms. Blanchard addressed the Council and said that there are apparently four versions of the incident but since she was not there at the time the bite occurred, she was not in a position She explained that she acquired Pedro 5-years ago from an animal shelter as a service dog because of a medical condition and because Pedro was diagnosed with cancer, he was prescribed with steroids. As such, the dog bite incident was a classical response to his She indicated that this was the first time Pedro had bitten anyone and that she doesn't want him to die as a vicious dog because he is not vicious, just sick. As far as keeping him confined, she said that English bulldogs are typically kept indoors as they would die if they stayed outside. She added that she attempted to contact the dog sitter who was a witness to the incident SO she could be present at the hearing but she was not able to reach her. confined. to discuss the fence requirement. tos state exactly what happened. condition. Mayor Pro Tem Carter called for questions from the Council. Councilmember Woodall asked if a dog kennel could be used since the existing plastic Interim Chief of Police Conner explained that there is nothing in the code that specifically requires a fence. If the dog was always on a leash, in a secure structure or a vehicle it would meet the requirements. It is the definition of enclosure" that is problematic in terms of the plastic fence. He also noted that the landlord said that if she didn't build a fence he Councilmember Orr mentioned the comment about the landlord possibly threatening to evict Ms. Blanchard explained that if the dog was not sick and bit someone the landlord would require that the dog be confined in a secure fence but since Pedro is sick he understood that it would not be feasible to build a fence for the remaining duration of the dog's life. fence was not adequate to confine the dog. would take exception to that and possibly start the eviction process. Ms. Blanchard over the fence issue. -9- RIO DELL CITY COUNCIL SPECIAL MEETING MINUTES JULY31, 2024 Page 3 She also indicated that she talked to the mother of the child and offered to pay what she Councilmember Woodall asked if it would be acceptable if Ms. Blanchard agreed to always Interim Chief of Police Conner reiterated that the dog would need to be restrained at all times and said that one thing to keep in mind is that the child's family is now living at the Mayor Pro Tem Carter closed the public hearing and called for comments from the Council. Mayor Pro Tem Carter said that she understands what a touchy subject this as she is also an animal person. She commented that animals do change their behavior when they get sick or on medication however, she thinks the cause of the behavior doesn't weigh in as much as what the behavior actually is. As councilmembers, they need to separate personal feelings about animals and to look at the behavior itself and notj just the cause. She noted that she would be inclined to support the position of the Interim Chief of Police because it is their job to look out for the entire community. What the Council does here sets a precedent for what happens in the future and dogs biting children is something that She commented that having a dog declared as a potentially dangerous dog is not a reflection of the owner or mean that someone is a bad dog owner as sometimes these things just happen. She pointed out that Ms. Blanchard has options to make sure the dog is restrained at all times exclusive of building a new fence. She clarified that no one is saying that the dog is vicious but rather a potentially dangerous dog and that seven stiches in a Councilmember Orr said that he had three concerns. He said that it was stated that the dog didn't like children which means it must have had some history of begin aggressive to Ms. Blanchard responded that it was her understanding that Pedro had previously been Councimember Orr agreed that health and medication can change a dog's behavior but why it happened doesn't matter sO much but that it did bite and potentially could do it again. He said that it is not a stigma on the dog but if the Council doesn't do something and it happens again, it could be a liability to the City as well as the as the dog owner. could toward the medical bills. have the dog on a leash when it is outside. residence across the court yard from where Pedro lives. doesn't bode well for anyone. child is serious. children. abused. -10- RIO DELL CITY COUNCIL SPECIAL MEETING MINUTES JULY31, 2024 Page 4 He then asked if dogs were supposed to be running free in the City. Interim Chief Conner explained that the City does have a leash law which is generally interpreted as having the dog under your control and not running loose. He noted that in this particular case, it likely wasn't a violation of the leash law because the dog was on private property however, this is a property that has a shared driveway in a courtyard setting Councimember Orr commented that this action is less than a punishment for the dog or the Ms. Blanchard argued that it doesn't make sense to put up a $1,000 fence for a dog that will Councimember Wilson agreed that it is a sad story but concurred with comments of the other councimembers. The child, at no fault of her own was bitten and the biggest issue is that after looking at the picture of the laceration, she will have a scar on her leg but could have been her face. He said he doesn't think that it is unreasonable to ask that the dog be restrained to protect other people around him. He supported the Chief's determination that Pedro is a potentially dangerous dog and that he be required to be restrained at all times. Councimember Woodall agreed with the Chief and said that she was bitten on her arm by a dog near the school and had it been a kid, it would have probably bit them in the face. She said that she understands how the owner feels, but the Chief has a lot of experience in Mayor Pro Tem Carter added that this is not only a protective measure for the public but also for the dog owner in the event it should happen again. Keeping the dog restrained on a which is where the dog was when the bite occurred. owner but more of a protective measure in case it happens again. likely only live another month. these matters and supports his determination. leash is important for everyone. Ms. Blanchard agreed to notify the City when Pedro passes away. Motion was made by Orr/Wilson to approve the Chief of Police's determination that Pedro is Approve Resolution No. 1611-2024, Amending the Fiscal Year 2024-25 Adopted Budget to Increase Appropriations for the Per Capita Park Development Grant (Dog Park) City Manager Knopp provided a staff report and said that the City received a Per Capita Park Development Grant for the dog park in the amount of $177,952 with no City required a Potentially Dangerous Dog. Motion carried 4-0. match. -11- RIO DELL CITY COUNCIL SPECIAL MEETING MINUTES JULY31, 2024 Page 5 The project originally included the dog park facilities along with a half-court basketball court however, when the bids came in higher than the grant amount, the project was scaled down eliminating the basketball court. He said that the Council allocated an additional $40,000 in He noted that staff has worked very hard to eliminate some of the overhead costs associated with engineering related to the project but there are some final changes that need to occur with the project. He explained that some of elevations were off requiring some additional pavement worki in addition to some minor changes related to drainage. Staff's recommendation was to approve the budget amendment to allocate $12,952.50 from the ARPA-SLFRF Fund to complete the Per Capita Park Development Grant project (Dog Motion was made by Orr/Woodall to approve Resolution No. 1611-2024 amending the Fiscal Year 2024-25 adopted budget to increase appropriations for the Per Capita Park ARPA-SLFRL funding to push the project forward. Park). Development Grant (Dog Park). Motion carried 4-0. ADJOURNMENT The meeting adjourned at 1:35 p.m. to the August 6, 2024 regular meeting. Amanda Carter, Mayor Pro Temr Attest: Karen Dunham, City Clerk -12- CTY OF RIO DELD) CALFORNA 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 August 6, 2024 SUBJECT: Resolution No. 1612-2024 and 1613-2024 Related to the City's (0.759)Transactions: and Use (Sales) Tax for General Purposes RECOMMENDATION 1. Approve Resolution No. 1612-2024authorizing the City Manager to execute agreements with the California Department ofTax and Fee. Administration for 2. Approve Resolution No. 1613-2024authorzing examination of Sales or the implementation ofLocal Transactions and Use Tax; and Transactions and Use Tax: records. BACKGROUND AND DISCUSSION Aone-percent (1%) transactions and use tax, referred to as Measure J" was approved by the voters at the November 8, 2018, Statewide General Election as an extension of "Measure U" from 2014. Measure I was scheduled to expire on December 31, 2024, unless an extension of the tax was approved by the voters. At a regularly scheduled City Council meeting, the Council discussed options related to the extension of Measure J. The consensus of the Council was to At the June 21, 2022, City Council meeting, the Council adopted Ordinance No. 394-2022 amending Chapter 3.11 of the Rio Dell Municipal Code to extend and propose to the voters, an extension of the tax atar reduced rate. -13- reduce the one percent (1.00%) to (0.75%) with no termination date and to place it on the November 8, 2022, ballot for voter approval as a General tax. The extension ofthe tax referred to as "Measure O" was approved by the required majority vote, effective January 1, 2025, and continuing until amended In order for the California Department ofTax and Fee. Administration (CDTFA) to implement the changes resulting from the approved measure, certain documents must be submitted to ensure that all statutory requirements have been met prior Included in this packet are the resolutions, agreements, and forms required by The required documents must be submitted to CDTFA no later than August 30, or repealed by the voters. tot the implementation oft the new tax. CDTFA to administer the City's' Transactions and Use Taxes. 2024. ATTACHMENTS: Resolution No. 1612-2024 Resolution No. 1613-2024 Preparatory Agreement Administrative Agreement Ordinance No. 394-2022 Contact Form for Warrants Designation Letter Contact Form for Notifications -14- AGREEMENT FOR: PREPARATION TO. ADMINISTER AND OPERATE CITY'STRANSACTIONS AND USE TAX ORDINANCE In order to prepare to administer a transactions and use tax ordinance adopted in accordance with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, the City of Rio Dell, hereinafter called City, and the CALIFORNIA DEPARTMENT OF TAX. AND FEE. ADMINISTRATION, hereinafter called Department, do agree as follows: 1. The Department agrees to enter into work to prepare to administer and operate a transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has been approved by a majority of the electors of the City and whose ordinance has been adopted by the City. 2. Cityagrees to pay to the Department at the times and in the amounts hereinafter specified all of the Department's costs for preparatory work necessary to administer the City's transactions and use tax ordinance. The Department's costs for preparatory work include costs of developing procedures, programming for data processing, developing and adopting appropriate regulations, designing and printing forms, developing instructions for the Department's staff and for taxpayers, and other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance. These costs shall include both direct and indirect costs as specified in Section 11256 of the Government Code. 3. Preparatory costs may be accounted for in a manner which conforms to the internal accounting and personnel records currently maintained by the Department. The billings for costs may be presented in summary form. Detailed records of preparatory costs will be retained for audit and verification by the City. 4. Any dispute as to the amount of preparatory costs incurred by the Department shall be referred to the State Director ofl Finance for resolution, and the Director's decision shall be final. 5. Preparatory costs incurred by the Department shall be billed by the Department periodically, with the final billing within a reasonable time after the operative date of the ordinance. City shall pay to the Department the amount of such costs on or before the last day of the next succeeding month following the month when the billing is received. 6. The amount to be paid by City for the Department's preparatory costs shall not exceed one hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.) (Rev. 07/24) -15- 7. Communications and notices may be sent by first class United States mail or through email at services@ctacagov. If and when communications and notices may include confidential information, communications and notices must be sent through encrypted email at ervices@edtfa.cagoy or by mail. Communications and notices to be sent to the Department shall be addressed to: California Department ofTax and Fee Administration P.O. Box 942879 MIC: 27 Sacramento, California 94279-0027 Attention: Administrator Local Revenue Branch Communications and notices to be sent to City shall be addressed to: City ofl Rio Dell Kyle Knopp, City Manager 675 Wildwood Avenue Rio Dell, CA 95562 8. The date of this agreement is the date on which it is approved by the Department of General Services. This agreement shall continue in effect until the preparatory work necessary to administer City's transactions and use tax ordinance has been completed and the Department has received all payments due from City under the terms oft this agreement. CITY OF RIODELL CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION By. By (Signature) Administrator Local Revenue Branch Kyle Knopp City Manager Date: Date: (Rev. .07/24) 2 -16- AGREEMENT FOR STATE. ADMINISTRATION OF CITYTRANSACTIONS AND USE TAXES The City Council oft the City of Rio Dell has adopted, and the voters oft the City of Rio Dell (hereafter called "City" or "District") have approved by the required majority vote, the City of] Rio Dell Transactions and Use Tax Ordinance (hereafter called "Ordinance"), a copy of which is attached hereto. To carry out the provisions of Part 1.60 ofDivision 2 oft the Revenue and Taxation Code and the Ordinance, the California State Department of Tax and Fee Administration, (hereinafter called the Department") and the City do agree as follows: ARTICLEI DEFINITIONS Unless the context requires otherwise, wherever the following terms appear in the Agreement, they shall be interpreted to mean the following: 1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed under an ordinance specifically authorized by Revenue and Taxation code Section 7251, and in compliance with Part 1.6, Division 2 oft the Revenue and Taxation Code. 2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to above and attached hereto, Ordinance No. 394-2022, as amended from time to time, or as deemed to be amended from time to time pursuant to Revenue and' Taxation Code Section 7262.2. ARTICLEII OF CITY TAXES ADMINISTRATION AND COLLECTION A. Administration. The Department and City agree that the Department shall perform exclusively all functions incident to the administration and operation of the City Ordinance. -17- B. Other Applicable Laws. City agrees that all provisions of law applicable to the administration and operation oft the Department Sales and Use Tax Law which are not inconsistent with Part 1.6 of] Division 2 of the Revenue and Taxation Code shall be applicable to the administration and operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund for any authorized purpose, including making refunds, compensating and reimbursing the Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which City is entitled. C.T Transmittal of money. 1.1 For the period during which the tax is in effect, and except as otherwise provided herein, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City periodically as promptly as feasible, but not less often than twice in each calendar quarter. 2. For periods subsequent to the expiration date of the tax whether by City's self-imposed limits or by final judgment of any court of the State of California holding that City's ordinance is invalid or void, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City not less than once in each calendar quarter. 3. Transmittals may be made by mail or electronic funds transfer to an account of the City designated and authorized by the City. A statement shall be furnished at least quarterly indicating the amounts withheld pursuant to. Article IV ofthis Agreement. D. Rules. The Department shall prescribe and adopt such rules and regulations as in its judgment are necessary or desirable for the administration and operation of the City Ordinance and the distribution oft the district taxes collected thereunder. E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this Agreement, the Department shall give no preference in applying money received for state sales and use taxes, state-administered local sales and use taxes, and district transactions and use taxes owed by a taxpayer, but shall apply moneys collected to the satisfaction of the claims oft the State, cities, counties, cities and counties, redevelopment agencies, other districts, and City as their interests appear. (Rev.7/24) 2 -18- F. Security. The Department agrees that any security which it hereafter requires to be furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available for the payment of the claims of City for district taxes owing to it as its interest appears. The Department shall not be required to change the terms of any security now held by it, and City shall not participate in any security now held by the Department. G.F Records of the Department. When requested by resolution of the legislative body of the City under section 7056 of the Revenue and Taxation Code, the Department agrees to permit authorized personnel of the City to examine the records oft the Department, including the name, address, and account number of each seller holding a seller's permit with a registered business location in the City, pertaining to the ascertainment oftransactions and use taxes collected for the City. Information obtained by the City from examination of the Department's records shall be used by the City only for purposes related to the collection of transactions and use taxes by the Department pursuant to this Agreement. H. Annexation. City agrees that the Department shall not be required to give effect to an annexation, for the purpose of collecting, allocating, and distributing District transactions and use taxes, earlier than the first day of the calendar quarter which commences not less than two months after notice to the Department. The notice shall include the name of the county or counties annexed to the extended City boundary. In the event the City shall annex an area, the boundaries of which are not coterminous with a county or counties, the notice shall include a description of the area annexed and two maps of the City showing the area annexed and the location address of the property nearest to the extended City boundary on each side ofe every street or road crossing the boundary. ARTICLEII ALLOCATION OF TAX A. Allocation. In the administration of the Department's contracts with all districts that impose transactions and use taxes imposed under ordinances, which comply with Part 1.6ofDivision 2 of the Revenue and Taxation Code: (Rev. 7/24) 3 -19- 1. Any payment not identified as being in payment of liability owing to a designated district or districts may be apportioned among the districts as their interest appear, or, in the discretion of the Department, to all districts with which the Department has contracted using ratios reflected by the distribution of district taxes collected from all taxpayers. 2. All district taxes collected as a result of determinations or billings made by the Department, and all amounts refunded or credited may be distributed or charged to the respective districts in the same ratio as the taxpayer's self-declared district taxes for the period for which the determination, billing, refund or credit applies. B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for registration or on the certificate of ownership may be used by the Department in determining the place of use. ARTICLEIV COMPENSATION The City agrees toj pay to the Department as the State's cost of administering the City Ordinance such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the Department for the City. ARTICLEV MISCBLLANEOUS PROVISIONS A. Communications. Communications and notices may be sent by first class United States mail to the addresses listed below, or to such other addresses as the parties may from time to time designate or through email at servces@catia.cagov If and when communications and notices may include confidential information, communications and notices must be sent through encrypted email at ervices@edtfa.ca.goy or by mail. (Rev,7/24) 4 -20- Communications and notices to be sent to the Department shall be addressed to: California State Department ofTax and Fee. Administration P.O. Box 942879 Sacramento, California 94279-0027 Attention: Administrator Local Revenue Branch Communications and notices tol be sent to the City shall be addressed to: Kyle Knopp, City Manger 675 Wildwood Avenue Riol Dell, CA 95562 Unless otherwise directed, transmittals of payment of District transactions and use taxes will be sent to the address above. B. Term. The date oft this Agreement is the date on which it is approved by the Department of General Services. The Agreement shall take effect on This Agreement shall continue until December 31 next following the expiration date of the City Ordinance, and shall thereafter be renewed automatically from year to year until the Department completes all work necessary to the administration of the City Ordinance and has received and disbursed all payments due under that Ordinance. C. Notice of Repeal of Ordinance. City shall give the Department written notice oft the repeal oft the City Ordinance not less than 110 days prior to the operative date oft the repeal. (Rev. 7/24) 5 -21- ARTICLE VI ADMINISTRATION OF TAXES IF THE ORDINANCE IS CHALLENGED AS BEING. INVALID A. Impoundment of funds. 1. When a legal action is begun challenging the validity of the imposition of the tax, the City shall deposit in an interest-bearing escrow account, any proceeds transmitted toi it under Article II. C., until a court of competent jurisdiction renders a final and non-appealable judgment that the tax is valid. 2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall transmit to the Department the moneys retained in escrow, including any accumulated interest, within ten days of the judgment of the trial court in the litigation awarding costs and fees becoming final and non-appealable. B. Costs of administration. Should a final judgment be entered in any court of the State of California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to taxpayers of any taxes collected under the terms oft this Agreement, the parties mutually agree that: 1. Department may retain all payments made by City to Department to prepare to administer the City Ordinance. 2. City will pay to Department and allow Department to retain Department's cost of administering the City Ordinance in the amounts set forth in Article IV ofthis Agreement. 3. City will pay to Department or to the State of California the amount of any taxes plus interest and penalties, if any, that Department or the State of California may be required to rebate or refund to taxpayers. 4. City will pay to Department its costs for rebating or refunding such taxes, interest, or penalties. Department's costs shall include its additional cost for developing procedures for processing (Rev. 7/24) 6 -22- the rebates or refunds, its costs of actually making these refunds, designing and printing forms, and developing instructions for Department's staff for use in making these rebates or refunds and any other costs incurred by Department which are reasonably appropriate or necessary to make those rebates or refunds. These costs shall include Department's direct and indirect costs as specified by Section 11256 of the Government Code. 5. Costs may be accounted for in ai manner, which conforms to the internal accounting, and personnel records currently maintained by the Department. The billings for such costs may be presented in summary form. Detailed records will be retained for audit and verification by City. 6. Any dispute as to the amount of costs incurred by Department in refunding taxes shall bei referred to the State Director of Finance for resolution and the Director's decision shall be final. 7. Costs incurred by Department in connection with such refunds shall be billed by Department on or before the 25th day of the second month following the month in which the judgment ofa court oft the State of California holding City's Ordinance invalid or void becomes final. Thereafter Department shall bill City on or before the 25th of each month for all costs incurred by Department for the preceding calendar month. City shall pay to Department the amount of such costs on or before the last day of the succeeding month and shall pay to Department the total amount of taxes, interest, and penalties refunded or paid to taxpayers, together with Department costs incurred in making those refunds. CITY OF RIODELL CALIFORNIA STATE DEPARTMENT OF TAX AND FEE. ADMINISTRATION By. By. (Signature) Administrator Local Revenue Branch Kyle Knopp City Manager Date: (Date) (Rev. 7/24) 7 -23- CTY OF RIO DELL) CALFONNA RESOLUTION NO. 1612-2024 A RESOLUTION OF' THE CITY COUNCIL OF THE CITY OF RIO DELL. AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE. ADMINISTRATION FORT THE IMPLEMENTATION OFALOCALTRATRANSACTIONS AND USETAX WHEREAS, on June 21, 2022, the City Council approved Ordinance No. 394- 2022 amending the City Municipal Code and providing for a local transactions and use tax; and WHEREAS, the California Department of Tax and Fee Administration (Department) administers and collects the transactions and use taxes for all applicable jurisdictions within the state; and WHEREAS, the Department will be responsible for administering and WHEREAS, the Department requires that the City enter into a Preparatory Agreement" and an Administrative Agreement" prior to implementation of said collecting the transactions and use tax for the City; and taxes; and agreements; WHEREAS, the Department requires that the City Council authorize the NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rio Dell that the Preparatory Agreement" attached as Exhibit A and the Administrative Agreement" attached as Exhibit B are hereby approved and the City Manager is The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Rio Dell held on August 6, 2024, by the following vote, to hereby authorized to execute each agreement. wit: AYES: NOES: ABSENT: ABSTAIN: Resolution No. 1612-2024 - Local Transactions and Use Tax August 6, 2024 -24- Debra Garnes, Mayor ATTEST: I,Karen Dunham, City Clerk for the City ofl Rio Dell, State of California, hereby certify the above to be a full, true, and correct copy of Resolution No. 1612-2024 adopted by the City Council ofthe City of Rio Dell on August 6, 2024. Karen Dunham, City Clerk Resolution. No. 1612-2024 - Local Transactions and Use Tax August 6, 2024 -25- JURISDICTION CONTACT FORM NOTIFICATIONS & APPEALS City/County: Rio Dell Tax Area Code: 52801 Sales and Use' Tax/Transactions & Use' Tax Pursuant to Revenue and Taxation Code $ 7056, you may. select only officers and employees authorized by Resolution. or letter ofo designation to examine the Department* 's tax records forj your. Jurisdiction. Ifthe officer or employee 's title has not) yet been formally authorized, please include a designation letter. See attached sample designation letter. Primary Contact City Manager Title of Authorized Officer/Employee Kyle Knopp Name of Authorized Officer/Employee 675 Wildwood Ave. Mailing Address Rio Dell, CA 95562 City, State, Zip (707) )764-3532 Phone (707) 764-5480 Fax snoppk@cityotriodel.ca.gov Email Itisr recommended, if possible, thaty you use anl Email address thato coincides with the authorized position title. For example: Secondary Contact Finance Director Title of Authorized Officer/Employee Travis Sanborn Name of Authorized Officer/Employee 675 Wildwood Ave. Mailing Address Rio Dell, CA 95562 City, State, Zip (707)764-3532 Phone (707)764-5480 Fax Email sanbornt@cityofriodel.ca.gov Itisr recommended, ifpossible, that use an! Email address that coincides with the authorized position yout title. For example: citymanager@cityof gov. DEPARTMENT USE ONLY City/County Administrator cltymanager@cityot gov. Pursuant to Section 7056(b), this form is ineffective unless signed by one of the following (boxes checked): Administrative Officer City/County Controller (Specify) Print] Name: Title: Signature: Kyle Knopp City Manager Date: 8/6/24 Return this form by e-mail to: Servoes@ctaca.or QUESTIONS: CALL' THE WARRANT DESK AT/916,309-5802 Note: Titles held by more than one employee need to be made a uniquei identifier for function. Fore example: Accountant II (Revenue Desk) -26- CDTFA-SS-W/FROND: REV.6(5-22) STATE OF CALIFORNIA CALFOANADEPARTMENTO OF TAXANDF FEE ADMINISTRATION EFT AUTHORIZATION, AGREEMENT FORI LOCALJURISDICTIONS Please type or print clearly in ink. See reverse for complete instructions. SELECT ACTION REQUESTED New EFT Account Change EFTI Bank. Account - (see instructions) Cancel EFT SECTIONI NAME OFL LOCAL JURISDICTION ORS SPECIALI DISTRICT (payee) City of Riol Dell CONTACTF PERSON (name andt title) Kyle Knopp MAILINGA ADDRESS 675 Wildwood. Ave. CONTACT TELEPHONE NUMBER (707) 764-3532 SECTION II SELECT TAX PROGRAM 1 percent Local Tax 14 percent (County) Transportation Fund Add-on (Special District) Tax Local Utility User Tax/Local 911 Charges JURISDICTION CODE 52801 EMAILADDRESS mopedlyeliodelcago" CIY, STATE, ZIPC CODE Riol Dell, CA 95562 CONTACT FAXN NUMBER (707) 764-5480 The State Controller's Office, on behalf of the California Department of Tax and Fee Administration (CDTFA), is hereby authorized to make direct deposit (EFT) of any amounts distributed pursuant to thel Bradley-Burns Uniform Local Sales and Use Tax Law, the Transactions and Use Tax Law, or the Local Prepaid Mobile Telephony Services Collection Act less any mandatory withholding or deductions therefrom to the designated bank account identified below. If the designated EFT account is a checking account, a voided check or copy must be attached to the completed authorization agreement. Ift the account is a savings or other deposit-only account, an account confirmation from the bank must be attached. The voided check or confirmation willl be used to verify the bank account and transit routing numbers. BANKI NAME US Bank BANKA ACCOUNTI NUMBER (nott toe exceed 17digits) TRANSIT ROUTINGI NUMBER TYPE OFA ACCOUNT E CHECKING 1 5 3 4 9 5 8 8 o 5 2 5 1 2 2 2 6 6 SAVINGS IMPORTANT Payee agrees that in the event that the payee owes a debt determined either by court order, or otherwise by operation of law, and for which CDTFA has been notified according to law, to make repayments by deductions from Local Sales and Use Tax transmittals, the payee will be removed from the EFT program until the debt is extinguished. laffirm that deposits received from CDTFA will not be forwarded in their entirety to a foreign financial institution. SIGNATURE TITLE City Manager Return this formi to: Local Revenue Branch Warrant Desk POI Box 942879, MIC:27 Sacramento, CA 94279-0027 Faxl Number: 1-916-324-8117 Email to: Serices@cattacagow For EFT assistance call 1-916-309-5800 Thisi information is confidential and not for public release. DATE 8/6/24 California Department of Tax and Fee Administration PRINT CLEAR -27- CDTFA-555-WJ (BACK) REV. 6(5-22) INSTRUCTIONS FOR LOCAL JURISDICTIONS FOR COMPLETING THE EFT AUTHORIZATION, AGREEMENT FORM GENERAL Read this agreement carefully, and ify you have questions call 1-916-309-5800. Please type or print clearly. Check one action box and one tax program box. Your jurisdiction's tax program can bei found on thet title line of the remittance advice received from the State Controller's Office. Complete all information blocks. SECTIONI Yourj jurisdiction code can be found on ther remittance advice immediately above the word "Payee." Please enter the jurisdiction code for the corresponding jurisdiction type: City or County (1 percent Local Tax) Code (five digits) County (1/4 percent Tax) Code (two digits) Redevelopment Agency Code (four digits) District Add-on Code (three digits) Local Utility User Tax/Local 911 (Prepaid Mobile Telephony Services) Code (four digits) Acontact person and telephone number are required to process your authorization agreement. SECTIONI II The Transit Routing Number (nine digits) typically can bei found in the bottom left-hand comer ofy your check. Please indicate the type of account (checking or savings). Be sure to include a voided check or bank confirmation with your authorization agreement. ADDITIONAL INFORMATION Changing EFT Bank Account IMPORTANT: DO NOT CLOSE YOUR OLD ACCOUNT UNTIL THE FIRST EFT PAYMENT IS DEPOSITED This agreement will remain in effect until CDTFA is notified in writing that you wish to redesignate your account Toredesignate, please submit a new CDTFA-555-LJ, EFTA Authorization Agreement for Local Jurisdictions. Be sure to check the correct action box on thei front oft the form and provide the correct new information. Thei first deposit into ar new account should be made within 60 days from CDTFA's receipt oft the completed EFT Int the interim between the closing of the old account and opening of the new account, you may receive a INTO THE NEWLY DESIGNATED ACCOUNT. and/or your financial institution ori that you wish to cancel EFT service. Authorization Agreement. warrant via U.S. Mail. Canceling EFT Service To cancel EFT service, submit a new CDTFA-555-LV, EFT Authorization Agreement for Local Jurisdictions, and check the Cancel EFT box. Be sure to complete all information blocks. EFT Direct Deposit Posting Dates Funds will be deposited oni the Warrant Issue Date as shown on CDTFA's Disbursement Calendar. The current calendar can bet found on CDTFA's website at www.dtla.cagovlaxesand-esloa-and-disticH-taxes: Most financial institutions post funds to accounts at the beginning oft the bank business day; however, you should confirm your particular bank's practice to determine when funds will be available. htm#calendar. -28- Department Use Only REGISTRATIONALLOCATION MEDIAI REQUEST Juris. LD.# Update_ By Please complete Sections] LII, & III, and forward this form to the address att the bottom oft this page. IMPORTANT: Each jurisdiction. must have ai resolution onj file with the California Department Resolution verified: YES_ NO ofTax and Fee Administration (CDTFA) to examine allocation andlor registration data. A sample resolution isi includedi in Publication 28, which is available on our Website AgPPApTeT by calling the. Department's Local Revenue. Branch at (916) 309-5800. SECTIONI: MEDIA RECIPIENT CONTACT: INFORMATION (Ifther name/position' below is not authorized by resolution orl letter of designation, this form Must bes signed by aj position authorized by resolution to designate other officials or employees)0 County OCity ODistrict (add-on) Your name: Title: Address: City, State, Zip: E-Mail Address Kyle Knopp City Manager 675 Wildwood Ave. Rio Dell, CA 95562 opAelyoripdelcago" Jurisdiction: Tax. Area Code: Telephone: FAX: City of Rio Dell 52801 (707) )764-3532 (707)764-5480 SECTIONII: REGISTRATION, DATA REQUEST (List ofr name, address and CDTFA account number for each business) A. Do you require a one-time registration. listing (Start-up) showing all sales and use tax accounts in your jurisdiction, Indicate yes or no: a Yes ONo SECTION III: ALLOCATION: DATA REQUEST (List ofl local tax dollars distributed toy yourj jurisdiction by CDTFA account number) A. Do youy wish tor receive monthly allocation and registration media B. Ifyour require prior period local tax data*, indicate the periods below: Indicate yes orr no: (MMYY)From: Yes To: ONo AVALAIEHSTONYELNTD TOF PREVIOUS: 361 MONTHS. Signed by individual (or designee) authorized by resolution to receive confidential CDTFA information: Kyle Knopp City Manager 08/06/2024 (Date) (Print Name) (Signature) (Title) RETURN THIS FORMTO: REVENUE BRANCH 450NS STREETI MIC27 POBOX942879 SACRAMENTOCA 94279-0027 FAX to (916)3 324-3001 CALIFORNIA DEPARTMENT OF1 TAX ANDE FEE. ADMINISTRATIONLOCAL For assistance in completing thist form, contact Harmeen Grewal at (916) 309-5883. -29- RegForm. doc (CDTFA/LRB) REV:03/2020 CTY OF (RIO DELL) CALIFORNA City of Rio Dell 675 Wildwood. Avenue Rio. Dell, CA 95562 (707) 764-3532 cilyofriodel.ca.goy August 6, 2024 CA Department of Tax and Fee Administration Local Revenue Branch Attn: Warrant Desk 450 N Street, MIC: 27 Sacramento, CA 95814 Subject: City of Rio Dell Authorization to Review Confidential Sales and Use Tax and Transactions and Use Tax Information per Section 7056 of the Revenue and Taxation Code. Dear Ms. Anh Huang: Resolution No. 1613-2024, Section 1, authorizes the City Manager to designate in writing to the CA Department of Tax and Fee Administration other officers and/or employees of the jurisdiction with authority to receive and examine sales and use tax Accordingly, the Finance Director for the City of Rio Dell is hereby authorized to receive and review sales or transactions and use tax records for the City of Rio Dell from the CA records for the jurisdiction. Department of Tax and Fee Administration. Sincerely, Kyle Knopp, City Manager -30- CTY OF K DELD) CALFOINA RESOLUTION NO.1613-2024 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIODELL. 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 ofincident to the administration and WHEREAS, the Board oft thel District deems it desirable and necessary for authorized officers, employees and representatives of the District to examine confidential sales or transactions and use tax records of 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 ofthe 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 ofthe District designated in writing by the City Manager to the California Department ofTax and Fee. Administration is hereby appointed to represent the District with authority to examine sales or transactions and use tax records ofthel 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 of 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 oft the District listed above. -31- Section 3. That this resolution supercedes all prior resolutions oft the Board ofthe District adopted pursuant to subdivision (b) of] Revenue and Taxation Code section 7056. Introduced, approved and adopted this 6th day of August 2024. Debra Garnes, Mayor IKaren Dunham, City Clerk ofthe City of Rio Dell, California, DOI HEREBY CERTIFY that the foregoing resolution was duly introduced, approved and adopted by the City Council oft the City of] Rio 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: Karen Dunham, City Clerk -32- LOCALREVENUE BRANCH-CONTACTFORM Please complete and return this form to our office any time there isac change ofi information to ensure our records Please check one: Local Tax Transactions and Use Tax Mobile Telephony Surcharge are always upt to date. Thank you! City/County: City of Rio Dell All legal correspondence should be mailed to the following address: Jurisdiction: Name: Kyle Knopp Position Title: City Manager. Address: 675 Wildwood Avenue, Rio Dell, CA 95562 Phone:_ (707)764-3532 Email: knoppk@cityotriodel.ca.gov Financial correspondence should be mailed to the following address: Note: Confidential information may be sent only to positions authorized: by resolution Jurisdiction: Name: Travis Sanborn Position Title: Finance Director Address: 675 Wildwood Avenue, Rio Dell, CA 95562 Phone: (707)764-3532 Email: anbom@cyohodelcago" Paper warrants (ifissued) and monthly/quarterly statements should be mailed to the following address: Jurisdiction: City of Rio Dell Name: Travis Sanborn Position Title: Finance Director Address: 675 Wildwood Avenue, Rio Dell, CA 95562 Phone: (707)764-3532 Email: sanpornt@cityorniodel.ca.gov General Office Contact-for; general information and reminders: Address: 675 Wildwood Avenue, Rio Dell, CA 95562 Jurisdiction: City of Rio Dell Phone: (707)764-3532 Completed by: Print Name: Karen Dunham Signature: Position Title: City Clerk Email: clyofriodel.ca.gov Date: 8/6/24 -33- Certificate of Results of Canvass November 8, 2022 Statewide General Election Measure O Rio Dell Tax STATE OF CALIFORNIA COUNTY OF HUMBOLDT ) ) ) SS Kelly E. Sanders, Registrar of Voters of the County of Humboldt, do hereby certify that pursuant to the provisions of Section 15301 et al., of the California Elections Code, I did canvass the return of votes cast in the November 8, 2022, Statewide General Election, and that the Statement of Votes Cast to which this Certification is attached shows the total number of votes cast and the total number of votes cast for each candidate and/or measure in each respective precinct therein and that the totals for each candidate and/or measure are true WITNESS MY HAND AND OFFICIAL SEAL this 6th Day of December, 2022. and correct. KELLY E. SANDERS REGISTRAR OF VOTERS Signed: Sbucuy of Sandirs -34- CTY OF RO DELL) LALFORMA ORDINANCE NO.394-2022 AN ORDINANCE OF THE CITY COUNCIL OF THE OF RIO DELL AMENDING CHAPTER 3.11 OF THE RIO DELL MUNICIPAL CODE TO EXTEND AND REDUCE THE ONE PERCENT (1.00%) TRANSACTION AND USE TAX TO THREE QUARTERS OF ONE PERCENT (0.75%) FOR GENERAL PURPOSES WHICH BOARD OF EQUALIZATION WILL CONTINUE TO BE ADMINISTERED BY THE STATE WHEREAS, a locally-enacted revenue measure would protect and maintain Rio Dell services because the money is legally required to stay in our community and cannot be taken by the State, WHEREAS, on November 8, 2018, the voters oft the City of] Rio Dell adopted Ordinance No. 368-2018 (Measure J), approving the imposition ofa one-percent (1.00%) transaction and use tax WHEREAS, the transaction and use tax approved by the voters on November 8, 2018i is scheduled to expire on December 31, 2024, in accordance with Section 3.11.160 of Chapter 3.11 ofthe Rio Dell Municipal Code, unless an extension is approved by the voters at an election providing locally controlled funds for local services; and for general purposes; called for that purpose; WHEREAS, an extension ofthe City of Rio Dell's transaction and use tax will be submitted to the voters to eliminate the Termination Date" of Section 3.11.160 of Chapter 3.11 ofthe Rio WHEREAS, approval oft this Ordinance by the voters of the City of] Rio Dell would not raise taxes but would lower the tax from 1.00% to 0.75% effective January 1, 2025, and continue Dell Municipal Code; and thereafter until repealed by the voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIO DELL ORDAINS AS Section 1. Authority. The City Council enacts this ordinance in accordance with the authority granted to cities by Article XI, Section 7 oft the California Constitution. FOLLOWS: Section 2. Amendment. The definition of "termination date" in Chapter 3.11 of the Rio Dell Municipal Code is hereby amended to: read as follows: -35- 3.11.160. Termination date. voters at a subsequent election. The authority tol levy the tax imposed by this chapter shalll have no termination date, unless the Ordinance is extended or repealed by the Section 3. Approval by Voters. This Ordinance shall be submitted to the voters at an election to be held on November 8, 2022, and shall take effect only if approved by ai majority of the qualified voters voting on the measure. Ifapproved by a majority oft the qualified voters of the City of Rio Dell, the Transaction and Use Tax set forth in Chapter 3.11 oft the Rio Dell Municipal Code shall be reduced from 1.00% to 0.75% effective. January 1, 2025, and shall thereafter continue until subsequently amended or repealed by the voters. The City Clerk is hereby directed toj publish this ordinance at least once, within fifteen (15) days ofits adoption, in anewspaper of general circulation published and circulated in the City of Rio Dell. Section 4. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder oft the ordinance and the application ofs such PASSED AND ADOPTED by the City Council oft the City of Rio Dell, State of California, provision to other persons or circumstances shall not be affected thereby. on. June 21,2022, by the following vote: AYES: NOES: ABSENT: Garnes ABSTAIN: None Johnson, Carter, Wilson and Woodall None Mayor) Pro Tem Ayn ATTEST: IKaren Dunham, City Clerk for the City of] Rio Dell, State of California, hereby certify the above to be a full, true and correct copy of Ordinance No. 394-2022 adopted by the City Council ofthe City of] Rio Dell on June 21, 2022. twaunhant Karen Dunham, City Clerk 2 -36- CITY OF (R DELD) CALFORNA 675 Wildwood. Avenue Rio Dell, CA 95562 TO: FROM: THROUGH: DATE: SUBJECT: Mayor and Members oft the City Council Karen Dunham, City Clerk Kyle Knopp, City Manager August 6, 2024 Amendment to Employee Handbook Related toj Jury Duty RECOMMENDATION Adopt Resolution No. 1615-2024 approving an amendment to the City of Rio Dell Employee Handbook, Section 5.11 related to) Jury Duty. BACKGROUND AND DISCUSSION Section 5.11 Jury Duty of the City of Rio Dell Employee Handbook limits paid jury leave to 2 weeks over any two-year period. The proposed revision will eliminate this language and allow full pay to an employee serving as a juror with no time Although the process for reporting to jury duty and potentially being selected to serve on a jury does not normally exceed 80 hours away from work, there is the possibility for a trial to last for weeks or even months. In this case, employees would have to use vacation time or take leave without pay to fulfill their obligation Ini researching the policies of other jurisdictions, with the exception ofl McKinleyville Community Services District that allows 40 hours, the remaining jurisdictions contacted have no limit on the amount oft time covered for jury duty. limitation. asaj juror. The proposed amendments are as follows: The City of Rio Dell encourages you employees to fulfill you're their civic responsibilities by serving jury duty ifthey receive a summons. Empleyees-in agiedafatamesPewPeaiseFpwlkpawy eave-ever-any-we-Blyearperied. Any employee who is required to report for jury duty shall receive full pay) for such absence from jury duty provided -37- the employee endorses to the City any checks or warrants received in payment forj jury duty exclusive ofmileage for a personal vehicle or other out-ofpocket expenses incurred due toj jury duty. Upon being excused from jury duty, iffour f4) two (2) or more hours are left in the employee's workday, the employee Regular full-time employees are eligible for jury duty. Aj full-time employee will be paid at their base rate of pay) for the number ofhours they would have wsyenpawpangeyawpalese-mpumsN, haalepaikamePaeyhnemadermwn Ifyou an employee gets a jury summons, they must show it to your-their supervsor/Aepartment head as soon as possible. This will help the City plan for possible absences from work. The employee is expected to come to work Either you the employee or the City may ask the court to excuse you an employee from jury duty if necessary. We The City may ask that you an employee be relieved from going to jury duty ift they think that the absence of that employee would cause serious operational problems for the City of Rio Subject to the terms, conditions, and limitations of the applicable plans, the City of Rio Dell will continue to provide health insurance benefits for the full period of upaid jury duty leave. Your vacation, sick leave, and holiday benefits will continue to accrue during upaid jury duty leave. shall report back to work. normally worked that day. mpelayu-dHy-leave whenever the courtschedule, permits. Dell. ATTACHMENTS: Resolution No. 1615-2024 Attachment"A" -38- GTY OF RIO DELD) CALORNA RESOLUTION NO. 1615-2024 Al RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIO DELL ADOPTING AMENDMENTSTO THEI EMPLOYEE HANDBOOK WHEREAS, the Employee Handbook is used as a fair and equitable rule book for personnel WHEREAS, the intent of the Employee Handbook is to provide clear guidance to WHEREAS, the Employee Handbook was approved by the Rio Dell City Council on July 10, management in municipal government, and employees and management, and 2012 via Resolution 1065-2012 and further amended as necessary, and WHEREAS, rules in thel handbook require amendment from time to time. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Rio Dell does hereby approve the amendment of Section 5.11 "Jury Duty" oft the City of Rio Dell Employee PASSED AND ADOPTED by the City Council of the City of Rio Dell on August 6, 2024, by Handbook attached hereto as Attachment"A" to this resolution. the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Debra Garnes, Mayor I,Karen Dunham, City Clerk for the City ofl Rio Dell, State of California, hereby certify the above to be a full, true, and correct copy of Resolution No. 1615-2024 adopted by the City Council ofthe City ofF Rio. Dell on August 6, 2024. Karen Dunham, City Clerk Resolution No. 1615-2024 1of1 -39- ATTACHMENT"A" 5.11 JURY DUTY The City of Rio Dell encourages employees to fulfill their civic responsibilities by serving jury duty if they receive a summons. Any employee who is required to report for jury duty shall receive full pay for such absence from jury duty provided the employee endorses to the City any checks or warrants received in payment for jury duty exclusive of mileage for a personal vehicle or other out-of-pocket expenses incurred due to jury duty. Upon being excused from jury duty, if two (2) or more hours are left ini the employee'sworkday, the employee shall report back to work. Regular full-time employees are eligible for jury duty. A full-time employee will be paid at their base rate of pay for the number of hours they would have normally If an employee gets a jury summons, they must show it to their supervisor/tepartment head as soon as possible. This will help the City plan for possible absences from work. The employee is expected to come to work whenever Either the employee or the City may ask the court to excuse an employee from jury duty if necessary. The City may ask that an employee be relieved from going to jury dutyifthey think that the absence of that employee would cause serious operational Subject to the terms, conditions, and limitations of the applicable plans, the City of Rio Dell will continue to provide health insurance benefits for the full period ofj jury duty leave. Vacation, sick leave, and holiday benefits will continue to accrue during worked that day. the court schedule permits. problems for the City of Rio Dell. jury duty leave. -40- CITY OF CRJ DELL) CALFORNA Rio Dell City Hall 675 Wildwood.Avenue Rio Dell, CA 95562 (707)764-3532 ciyofriodell.ca.goy August 6, 2024 TO: FROM: SUBJECT: Rio Dell City Council Kyle Knopp, City Manager Authorize Staff to Amend Agreement with Redwood Community Action Agency for Non -Infrastructure Work Related to the Eel River Trail Project ITISR RECOMMENDED THATTHE CITY COUNCIL: Authorize staff to amend the agreement. BACKGROUND AND DISCUSSION The agreement is related to the Clean California Grant for the Eel River Trail and no City funds are being used for the project. Under the grant agreement the City has work to do related to the non-infrastructure portion oft the grant, including a community clean up, art installation and Clean California related media campaigns. This amendment clarifies the final grant requirements with RCAA. At this time, there is no cost adjustment with RCAA related to the amendment, however a small adjustment is likely as we get closer to the finalization oft the art component and the further defining oft the mural installation. Attachment: RCAA Project Outcome Proposal II -41- Redwood Community Action Agency ADMINISTRATION Information & Referral (707)269-2001 8/1/24 COMMUNITY SERVICES (707) 269-2052 TOOTHI Program (707) 269-2076 PACTI Program (707) 269-2013 ENERGY. AND ENVIRONMENTAL SERVICES (707)444-3831 Weatherization, Ext. 204 Home Energy Assistance Program (HEAP) Info (707) 444-3834 General Contractor License #466777 NATURAL RESOURCES SERVICES (707) 269-2061 Landscape Contractor License # 518874 AIFFORDABLE RENTALS Managed by: Rural Communities Housing Development Corp. (707) 826-7312 YOUTH SERVICES BUREAU 24-Hour Youth &1 Family Hotline (707) 444-CARE YSB Administration Our House. Emergency! Shelter (707) 443-8322 Raven Street Outreach Program (707) 443-7099 ZURETTI GOOSBY Board President VAL MARTINEZ Executive Director AmeriCorps Programs Re: RCAAI Non-Infrastructure Remaining CCLGP Project Outcome Proposal (707) 269-2047 Attn: City of Rio Dell, Kyle Knopp 72824Nomlnfastnucture Remaining OutreachTasks RCAA 8/1/23 OutreachT Tasks Task2.1 Task2.2 Task2.3 Task2.4 Task2.5 Task2.5 Task2.7 RCAA8/1/230utreach, Deliverables Stakehclder Outreach ITBD) Fublic outresch: EelFiverTrail and GRT (TED) FublicGuidedy Walk: SCleen A1,A2.E4,E5 Ups VSDealopmentTED; CCLGP7/26/24 NITasks REMAINING7 7/26/24CCLGP NIProject Outcomes 1)RiverBar Clesnup: Cellectten cubicyardsot Litter, 7000: squarefeet 2)ArtT Tiles: Childo created: artt tilesr ralatedto Artinstallaticn mural:A Artist submission, community eventtos salerrwinningdesign. 4JEDDMI Maile: Onec ortwo EDDM's couldt be issued sboutl litering. thetrail, crotherqualilying topiestoi help: covertheraquired4 4"campaigns." MurslAntHite:! Messaging E1,E2,E4,ES.E,DZ clean California/ river/parks. 3) Kiosk, ragulstory, wayfinding signagefinp process) Updatep Bikel Mapr printedo TBD) copies E1,E2 RCAAI Remaining! Project Outcomes Proposal Narrative RCAAB/1/230 contractual deliverablesnoted: above as Outreachl Tasks:2.1-2.7. CCLGP7/26/24Ciyc ofRic DellProject Outcomesr ncted asNITasks. RCAAR PROPOSALtOP prioritize remaining contracted budgeto of $23A12.731517.312.73 Labcr& $6,1 100Materialsit for Cityo ofRic Dell7 7/28/24NICCLGPI identifiedi items 1.4, ina additicnt toir interpretive: Develcpment: suspended. ASSUMPTIONS INCLUDEDI inr remainingbudget: 1Riverb barc cleant ups co-ccerdination, 2) mural artist competiticn: ands selecticn ccordinaticn, 3ja artt tile coordinaticn! & tilef fabrication and 4)E EDDMn mailer develcpmenti in additicnt tc3 3interpretive: sign designs/panels &r misc. regulatory signp panels. Propesaltos swapt Bike! Map develcpment: andi printedo copies deliverablef fcrb EDDMMailer. NOT INCLUDEDI inremainingbudget: 1)Muralc ccstsat s20/sqf fcot (includesa alla artists expenses:t travel, acccmmodations. lift. pressures washing. insurance. permits, andp paint Launch Pad" TLP designa and panelfabricationt (pedestal cost T6D). Task21Stakeholder Outreach, Task: 2.2Public Outreach. Task2 signage 2.4VTS TBD).2lnterpretive; pedestalmaterialsondi installation. ACatalyst For Change Equal Opportunity Housing Provider, /EOE 904 G Street * Eureka, CA 95501 * (707): 269-2001 *Fax (707) 45084*wwercaaog -42- CITY OF CRIO DELL) CALIFORNA Rio Dell City. Hall 675 Wildwood. Avenue Rio Dell, CA 95562 (707)764-3532 cilyfriodell.ca.goy August 6, 2024 TO: FROM: SUBJECT: Rio Dell City Council Kyle Knopp, City Manager through December of 2024. Authorize Staff to Periodically Close Vehicular River Access at Edwards Drive ITISI RECOMMENDED THAT THE CITY COUNCIL: Authorize staff to periodically close vehicular access at Edwards Drive through December 2024. BACKGROUND AND DISCUSSION Construction is slated tol begin on or before August 15th for the Eel River Trail. Construction will occur on the very northern turnaround on Edwards Drive, interfering with vehicular traffic at that location. Iti is recommended that the Council authorize staff to engage in closures in consultation with the project contractor to secure the site. Every effort will be made to open vehicular access on weekends and holidays while no work is being conducted and when such access does not negatively impact the project. Once completed the project will revitalize the turnaround, adding parking and other amenities and vehicular river access will continue as before. IlI -43- CTY OF Rio Dell City Hall 675 Wildwood. Avenue Rio CA 95562 Dell, (707).764-3532 ciyofriodellca.goy August 6, 2024 TO: FROM: SUBJECT: DELL) CALFORNA Rio Dell City Council Kyle Knopp, City Manager Authorize Amendment to Scope of Services with City Engineer GHD in the Amount of $11,500 for the Eel River Trail project TISRECOMMENDED THATTHE CITY COUNCIL: Authorize staff to execute the agreement. BACKGROUND AND DISCUSSION The agreement is related to the Clean California Grant for the Eel River Trail and no City funds are being used for the project. Under the grant agreement the City has work to do related to the non-infrastructure portion oft the grant, including a community art installation. Originally the art installation was proposed to be located on the cement wall oft the Chlorine Contact Basin, adjacent to the trail. The basin was damaged during the December 2022 earthquakes, additionally the trail alignment was moved and is no longer adjacent to the basin. A new "art wall" will be needed to complete this portion oft the grant requirements. The scope amendment will allow the necessary design work to be completed for the wall.. As we get closer to the final design, a final change order with the contractor will return to the Council to amend the project budget for construction. The cost oft this is expected to be minimal and the grant will be able to pay for construction. Staff, GHD and our consultants with RCAA agreed it would be a good opportunity to combine the seating requirements with an art wall. The basic concept: is for the wall to be covered in art tiles produced by Rio Dell Elementary School children, include seating and also have spaçe for a central professional mural. Concepts for the mural will be developed by local qualified artists and then voted on and selected by the community at large through a social media campaign. Attachments: Scope Amendment with GHD Art wall concept image III -44- GHD Reference No. 12592002 Amendment to Agreement between Client and Consultant Amendment No. 5 to original Agreement dated September 23, 2022 between GHD Inc. (Consultant) and Cityof Riol Dell (Client). Project: Eel River Trail. this Amendment. See ExhibitA. See ExhibitA A. Client hereby requests and authorizes Consultant to perform additional and/or revised services as set forth in Scope of services as set forth below or in specified attachment(s). Terms of compensation as set forth below or in specified attachment(s). Allp provisions specified in the original Agreement executed, September 23, 2022 and subsequent Amendments INWITNESS WHEREOF, the parties hereby execute this amendment upon the terms and conditions stated are in effect. No other agreements, guarantees, or warranties are in effect. above. Client_ City of Rio Dell By_ Print Name_ Kyle Knopp Title_ City Manager Date_ Consultant GHDiInc By_ Print Namé_Josh Wolf Date_ 6/14/2024 A Title_ Business Group Leader/Project Director Original Agreement Amendment No. 1 Amendment No. 2 Amendment No. 3 Amendment No. 4 Amendment No. 5 TOTAL $355.000 -6,500 -4,000 $170,000 $ 0 11,500 $526,000 The Power of Commitment G-45- GHD EXHIBIT A Scope of Work For City of Riol Dell's Eel River Trail Project Amendment 5- Extra Work to Revise the Community Art Installation UNDERSTANDING This Amendment 5 Scope of Work augments the original Scope of Work executed by the City of Rio Dell (City) on September 21, 20221 for the Eel River Trail project through the Clean California Local Grant Program During the design phase of the project City expressed interest in expanding on the community arti installation element of the project by adding a vertical wall tot the currently designed seat wall to provide a space to accommodate a mural provided by al local community artist. However, during design it was anticipated based on the engineering cost estimate that the bids fort the project may come in high and therefore not be able fund the added engineering and construction costs to expand on the arti installation. Therefore, it was recommended that this work be held until the bid results came in to determine ift the grant allocation can afford the expanded Bids were open on. April 30, 2024, and thet total low! bid exceeded the available construction budget. As such the City awarded the Base Bid plus Additive Alternate Bid Item B, where the alternate item was the minort trail transition work necessary toi terminate the trail without installing the work associated with Additive Alternate Bid Item A. This approach allowed the project to proceed with constructing a portion of the project while leaving This amendment covers the additional work necessary to design the expanded arti installation and to provide (CCLGP). art installation requested by the City. sufficient contingency to proceed with the expanded art installation. associated construction engineering support. SCOPE OF WORK Task 6 - Additional Engineering Design and Construction Engineering Support The art installation seat wall design shown on the bid set of plans will be revised to include a vertical wall with adjoining seating to accommodate the community arti tiles as well as a provide a space for a community art mural. Iti is anticipated that this wall will be approximately 8-feet tall. This taski includes developing the structural design of the wall as well as revising the civil site plan to accommodate the wall style change. This task also covers the additional construction engineering effort associated with the change, including facilitating the contract change order for additional work, submittal and RFI reviews, and associated construction inspections. Deliverables: Civil and structural plan sheets with the revised art wall design in PDF format, to be issued as a Standard construction management and inspection documentation associated with the work. change order tot the Contractor. The Power of Commitment Rio Dell Eel River Trail Amendment 5 Scope ofWork -46- COMPENSATION follows: Task Total These additional services willl be provided through an augmentation oft the existing project scope and budget as compensation $11,500 $11,500 Task 6-A Additional Engineering Design and Construction Engineering Support Rio Dell Eel River Trail Amendment 5 Scope of Work 2 -47- 48 A DELD) Staff Highlights = 2024-08-06 City Council Cityl Manager The elections office intends to open an in person voting center in Rio Dell at the Middle School for the upcoming election. It will be open on Saturday November 2nd through to election day on Tuesday, November 6th and will be open to any registered voter, livingi in Rio Dell or not. The elections office has indicated that it will need volunteers to operate the voting station. Staff will Candidates for the position of Chief of Police will be meeting with the Department staff on On Wednesday. July 17th, a ceremonial groundbreaking ceremony' was held at the Douglas Street Tank Site for the long awaited Water Capital Improvement Project. The event included Senator McGuire, Supervisors Bushnell and Bohn, Former CalOES Director and Rio Dell native A news article entitled "CalFire is Planning to Move Its North Coast Headquarters to Rio Dell, So Why Are City Officials Worried?" on the Lost Coast Outpost. Councilmembers and residents are provide more information as it becomes available. Thursday, August gth. son Mark Ghilarducci, among others. The event went very well. encouraged to read the article. City Clerk Processed Seven (7) Building Permit Applications: 185 Wildwood Ave. - Demolition of Unpermitted Addition (last permit for 7-16) 168 Birch St. - Perimeter Foundation on ADU-(Earthquake Damage) 188 Douglas St. - Re-Roof Residence and Garage 270 Monument Rd. - Seismic Retrofit Foundation- - Brace & Bolt 227 Dublin Ct. - Re-Roof Residence 300 Woodland Ave. - 30' x5 50' Steel Building 548 Third Ave. - Metal Roof on Detached Garage Processed Two (2) Business License Applications: Velasco's Electrical- - Non-Resident Solar & Electrical Contractor Martin Construction- - Non-Resident General Contractor -49- DELD Processed Three (3) Encroachment Permit Application: AT&T-I New Ground Rods on Existing Pole at 125 Columbus St. PG&E - Replacing Gas Service at 410 Painter St. Wendt Construction- - Water Service and Sewer Lateral at 120 Berkeley St. Misc: Submitted CHF/CIRB Building Permit Report for June Submitted Employment Data Report for July Corresponded with the County Assessor regarding the status of various building permits Attended Beautification, Walkability & Pride Committee meeting on 7/19/24 Prepared Amendment to Employee Handbook Re: Jury Duty City Attorney Human Resources, Risk & Training Finance Department P Per Capita Park Development Grant: Finalizing project components with City staff and contractors for Rio Dell Water Infrastructure Project: The quarterly report and associated invoicing were successfully Gateway Beautification Clean California Grant: Completed grant closeout procedures in colaboration the development oft the Dog Park. completed and submitted to the State Water Board. with Caltrans representatives. Rio Dell RSTP Claim: Submitted the required claim form to the County of Humboldt. Rio Dell Earthquake Recovery: Actively coordinating with the California Office of Emergency Services (CDAA/CalOES) to expedite the processing ofe earthquake-related work and claim requests. Community Development Block Grant (CDBG): Collaborating with the California Department of Housing and Community Development (HCD) to ensure accurate reporting of Program Income (PI) and maximizing fund utilization through strategic planning and coordination with HCD, the County, and City Eel River Crossing Pipeline Seismic Retrofit Project: Completed required quarterly reporting. staff. -50- DELD) Rio Dell Police Department (RDPD):Successfuly closed out grants from the Alcoholic Beverage Cannabis Business Taxes: Collected all quarterly taxes from cannabis businesses to finalize the fiscal Local Coastal Program (LCP): Filed the required annual report in accordance with Proposition 84 Control (ABC) and California Highway Patrol (CHP). year 2023-24. guidelines. Public Works Water Leak on 2" main on Monument starting to develop Delivered vactor to Trinity diesel for repair and service Meter read Public Works Wastewater Collection system checked weekly, system is much dryer. Weekly Jetting occurs on Thursdays. 3 Wastewater DSR's for CAL-OES Completed. Aero Mod Training First week of August, hosting Fort Bragg Wastewater Operators. Public Works Streets, Buildings and Grounds Remark and measure list of road repairs Weed and feed city hall Clean tree brunches from speed limit street signs on Belleview Repaired irrigation valve solenoid on Memorial park Replaced two broken sprinkler heads on North Gate island Weed wip around trees for mowing Painted retaining wall on Edwards St. -51- a DELD Public Works City Engineer Public Works Capital Projects Police Department management: system. The statistical portion that is normally a part oft this report is not available due to an issue with our case On. July 12, 2024, Corporal Landry spoke with a young woman who believed she had been raped by an older man. She could remember what occurred prior tot the assault, but could not recall the assault itself. The victim participated in a Sexual Assault Response Team (SART) physical exam that serveda dual purpose ini thati it both collected evidence and made sure that she had not been injured. Corporal Landry then set up a Child Abuse Support Team (CAST) forensic interview for the victim and she was provided with resources from Victim Witness, Rape Crisis and other organizations. Corporal Landry wrote a search warrant fort the suspect's DNA and he was asked to come to the station. He was interviewed and claimed that he barely knew the victim and that no assault had taken place. His DNA was collected, but he still claimed that it would not match anything on the victim's body or clothing. The case has been forwarded to the District Attorney's Office andi is waiting for the results of the laboratory work. Possible charges include sexual battery, false imprisonment, annoying and/or On. July 13, 2024, Corporal Landry was contacted by the mother of a ten-year-old girl. Her daughter had disclosed that her mother's ex-boyfriend had touched heri inappropriately. Another CAST interview was arranged where the victim provided additional information to the forensic interviewer: and prosecution team. The suspect was arrested on a ruse and is currently in custody, charged with the continual sexual abuse ofa a child. Asearch warrant was served at his residence and additional information was gathered. On. July 14, 2024, Sergeant Beauchaine responded to a report ofa man down by the Resource Center that may have been the victim of an assault. He contacted a man who he had seen often at this location using thet free WiFioffered by the Center. He had been struck repeatedly by what is believed to be a metal pipe during an argument over property. He drifted in and out of consciousness, but Sergeant Beauchaine was able to obtain the identity of the man'sa attacker. He broadcast: a Be Ont the Look Out (BOLO) to the other law enforcement agencies int the County and the suspect will be arrested if and when he is contacted. He has yet to be apprehended and the Department has heard that he may have left the County. The victim was transported by ambulance to St.. Joseph'sH Hospital where he was On. July 22, 2024, Interim Chief Conner received aj phone call from a woman who was concerned about fraud involving her bank account. Chief Conner learned that a man, identifying himself as. Jeff Conner from the Rio Dell Police Department had called the woman and informed her that her bank account had been fraudulently accessed. The phone number that showed on the woman's phone was that of the Police Department. The caller had requested that she purchase $2000 in Dollar General gift cards, which the woman had done. The caller then demanded that she read him the numbers on the back of the cards sO that he could confirm that the woman's money was: safe. She did this also. The victim had not heard from the mani ins some time sO she had called the station and asked for him. Chief Conner was molesting children, and contributing toi the delinquency of a minor. admitted. -52- SI DELD able to determine that the gift cards! had been redeemed the same day that theyl had been purchased at al location within Humboldt County. The investigation is ongoing to determine the identity oft the scam artist. The victim has contacted her financial institution to determine if she is eligible for a refund, since her bank card was used to purchase the gift cards. Community Development Department Intergovernmental Humboldt-Rio Dell Business Park -53- Community Development Department RO 675 Wildwood, Avenue DELD) Rio Dell, CA 95562 (707/764-3532 For the Meeting of August 6, 2024 Consent Item; E Public Hearing Item To: From: Through: Date: Subject: City Council Kevin Caldwell, Community Development Director Kyle Knopp, City Manager July31, 2024 Text Amendments to the Rio Dell Municipal Code (RDMC) amending Chapter 15.05 Construction Codes" to establish construction activity noise regulations and Chapter 2.601 Planning Commission regulations of the Rio Dell Municipal Code (RDMC) to elect the Chair and' Vice-Chair on a biannual (every other year) basis. Recommendation: That the City Council: 1. Allow staff to introduce Ordinance No. 405-2024 amending the Rio Dell Municipal Code (RDMC) to amend Chapter 15.05 "Construction Codes" of the Rio Dell Municipal Code (RDMC) to establish construction activity noise regulations and Chapter 2.60 Planning Commission regulations of the Rio Dell Municipal Code (RDMC) to elect the Chair and Vice- chair on a biannual (every other year) basis; and Receive comments from the public; and 2. Noise and Planning Commission Text Amendments Ordinance. No. 405-2024 City Council Staff Report August 6, 2024 -54- 3. Continue the second reading and adoption of the Ordinance to the meeting of July 16, 2024. Discussion: Every sO often the City is contacted by contractors and neighbors regarding construction noise and allowed hours and days of construction. Currently there is nothing in the Rio Dell Municipal Code (RDMC) regarding allowed hours and days of construction. Below is the suggested language: 15.05.060 Construction noise. (1) Hours of construction. No construction activity shall commence prior to 7:00 a.m. nor continue later than 6:00 p.m., Monday through Friday. No work is permitted on Saturday unless prior written approval is granted by the Chief Building Official. The term "construction activity" shall include any physical activity on the construction site or in the staging area, including the delivery of materials. In approving modified hours, the Chief Building Official may specifically designate and/or limit the activities permitted during the modified hours. No construction activity is allowed on Sunday or recognized holidays. (2) Modification. At any time before commencement of or during construction activity, the chief building official may modify the permitted hours of construction upon twenty-four (24) hours written notice to the contractor, applicant, developer or owner. The chief building official can reduce the hours of construction activity below the 7:00 a.m. to 6:00 p.m. time frame or increase the allowable hours. (3) Sign required. If the hours of construction activity are modified, then the general contractor, applicant, developer or owner shall erect a sign at a prominent location on the construction site toa advise subcontractors and material suppliers of the working hours. The contractor, owner or applicant shall immediately produce upon request any written order or permit from the chief building official pursuant to this section upon the request of any member oft the public, the police or city staff. Noise and Planning Commission Text Amendments Ordinance No. 405-2024 City Council Staff Report August 6, 2024 -55- Inr regards to modifying the election oft the Planning Commission Chair and' Vice-Chair, the current regulations require that the election be held each January. Staff discussed the current election requirements with the Planning Commission at their June 2024 meeting and the consensus of the Commissioners was to elect the Chair and' Vice-Chair every other yeari in January or as soon thereafter. As such, staffi is recommending amending Section 2.60.030(3) as follows: 2.60.030 Powers, duties and procedures. (3) The Commission shall elect a chairperson and vice chairperson from among the appointed voting members every other year (biannually) at their first meeting in January Gfeach-year-oras soon thereafter. Attachment 1: Draft Ordinance No. 405-2024 Noise and Planning Commission Text Amendments Ordinance. No. 405-2024 City Council Staff Report August 6, 2024 -56- ORDINANCE NO.405-2024 ITY DELD) ALFO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIO DELL AMENDING CHAPTER 15.05 CONSTRUCTION CODES" OF THE RIO DELL MUNICIPAL CODE (RDMC) TO ESTABLISH CONSTRUCTION ACTIVITY NOISE REGULATIONS AND CHAPTER 2.60 PLANNING COMMISSION REGULATIONS OF THE RIO DELL MUNICIPAL CODE (RDMC) TO ELECT THE CHAIR AND VICE-CHAIR ON A BIANNUAL (EVERY OTHER YEAR) BASIS. THE CITY COUNCIL OF THE CITY OF RIO DELL ORDAINS AS FOLLOWS: WHEREAS every sO often the City is contacted by contractors and neighbors regarding construction noise and allowed hours and days of construction; and WHEREAS currently there are no regulations int the Rio Dell Municipal Code (RDMC) regarding WHEREAS staff believes it is in the publici interest to establish allowed hours and days of allowed hours and days of construction; and construction; and WHEREAS the current regulations regarding the election oft the Planning Commission Chair and WHEREAS staff discussed the current election requirements with the Planning Commission at their June 2024 meeting and the consensus oft the Commissioners was to elect the Chair and WHEREAS the proposed action is exempt from the requirements oft the California Environmental Quality Act (CEQA) ini that it is not a Project which has the potential for causinga a significant effect on the environment under Title 14 of the California Code of Regulations, NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Rio Dell does Vice-Chair, require that the election be held each January; and Vice-Chair every other year in January or as soon thereafter; and Section 15061(b)(3). No further environmental review is necessary. hereby ordain as follows: Noise and Planning Commission Text Amendments Ordinance No. 405-2024 August. 2024 -57- ATTACHMENT 1 Section 1. Chapter 15.05 is hereby amended as follows: Sections: 15.05.010 Administration. 15.05.020 Building codes. 15.05.030 Work exempt from permit. 15.05.040 Fees for permits and inspections. 15.05.050 Person may do own work. 15.05.060 Penalty. Construction noise. 15.05.060 Penalty Construction noise. 15.05.070 Penalty. (1) Hours of construction. No construction activity shall commence prior to 7:00 a.m. nor continue later than 6:00 p.m., Monday through Friday. No worki is permitted on Saturday unless prior written approval is granted by the Chief Building Official. The term "construction activity" shall include any physical activity on the construction site or in the staging area, including the delivery of materials. In approving modified hours, the Chief Building Official may specifically designate and/or limit the activities permitted during the modified hours. No construction activity is allowed on Sunday or recognized holidays. (2) Modification. At any time before commencement of or during construction activity, the chief building official may modify the permitted hours of construction upon twenty-four (24) hours written notice to the contractor, applicant, developer or owner. The chief building official can reduce the hours ofc construction activity below the 7:00 a.m. to 6:00 p.m. time frame or increase the allowable hours. (3) Sign required. If the hours of construction activity are modified, then the general contractor, applicant, developer or owner shall erect a sign at a prominent location oni the construction site to advise subcontractors and material suppliers oft the working hours. The contractor, owner or applicant shall immediately produce upon request any' written order or permit from the chief building official pursuant to this section upon the request of any member of the public, the police or city staff. Noise and Planning Commission Text Amendments Ordinance No. 405-2024. August. 2024 -58- Section 2. Chapter 2.60, Section 2.60.030(3) is hereby amended as follows: 2.60.030 Powers, duties and procedures. (3) The Commission shall elect a chairperson and vice chairperson from among the appointed voting members every other year (biannually) at their first meeting in January efeach-yeareras soon thereafter. Section 3 Severability Ifany provision of the ordinance is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect. Section 4. Limitation of Actions Any action to challenge the validity or legality of any provision oft this ordinance on any grounds shall be brought by court action commenced within ninety (90) days of the date of adoption of this ordinance. Section 5. Effective Date This ordinance becomes effective thirty (30) days after its approval and adoption. IHEREBY CERTIFY that the forgoing Ordinance was duly introduced at a regular meeting of the City Council of the City of Rio Dell on August 6, 2024, and furthermore thei forgoing Ordinance was passed, approved and adopted at a regular meeting oft the City Council of the City of Rio Dell, held on August 20, 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Debra Garnes, Mayor Noise and Planning Commission Text Amendments Ordinance No. 405-2024, August 2024 -59- ATTEST: ,Karen Dunham, City Clerk for the City of Rio Dell, State of California, hereby certify the above and foregoing tol be ai full, true and correct copy of Ordinance No. 405-2024 which was passed, approved and adopted at a regular meeting of the City Council of the City of Rio Dell, held on August 20, 2024. Karen Dunham, City Clerk, City of Rio Dell Noise and Planning Commission Text Amendments Ordinance No. 405-2024, August 2024 -60- CITY OF - DELL) CALFORNIA Rio Dell City Hall 675 Wildwood Avenue Rio Dell, CA 95562 (707)764-3532 For Meeting of: August 6, 2024 TO: FROM: Rio Dell City Council Sunshine Kelly, Wastewater Superintendent THROUGH: Kyle Knopp, City Manager DATE: August 6, 2024 SUBJECT: Amendment of Chapter 13.10 Sewer Rates and Regulations, Section 13.10.170, Prerequisites to multiple service connections, Section 13.10.210, Sewer system required, Section 13.10.220, Building sewers, laterals and connections, 13.10.467, Transfer of Property and Testing. ITIS RECOMMENDED THAT THE CITY COUNCIL: 1) Receive a brief staff presentation regarding the proposed sewer amendments; 2) Introduce (first reading) Ordinance No.406-2024 amending Chapter 13.10, "Sewer Rates and Regulations", Sections 13.10.170, 13.10.210, 13.10.220 and and 13.10.467. 3) Open the public hearing, receive public input and deliberate; and 4) Continue consideration, approval and adoption of the proposed Ordinances to your meeting on August 20th, 2024 for the second reading and adoption. BACKGROUND AND DISCUSSION Ith has been brought to the attention of the Wastewater Superintendent that with the adoption of Chapter 13.10 Sewer Rates and Regulations created by Freshwater environmental in 2013, Articles from the past Chapter were not included and as such With current projects and those that may happen in the future, Staff is looking for clearer language in Chapter 13.10 for clarity in designating boundaries for present and future Staff ask that you approve the suggested amendments below to the regulations. the language of Chapter 10.13 is vague in its descriptions. wastewater customers. -61- 13.10.170 Prerequisites to multiple service connections. No sewer shall be served to two or more parcels of property separately owned through a common service pipe. When more than one occupancy is placed on the same parcel of property and each is conducting a separately established residence or business, a separate sewer line shall be required and installed for each occupancy. Where there is a pre-existing multiple use sewer service, the City shall establish additional accounts and charges for each additional commercial, professional, dwelling, or living unit situated upon the premises not served by an individual sewer. [Ord. 322 Where there is a pre-existing unknown shared lateral that becomes known and two sewer services utilize the lateral, each of the property owners must establish their own lateral on their respective property parcels. The City shall establish a lower lateral to the sewer main once each property owner has indicated where their respective sewer $1,2014; Ord. 286, 2012; Ord. 190 $1 17,1 1987.] lateral and lower cleanout will be installed. 13.10.210 Sewer system required. Itshall be unlawful to maintain or use any residence, place of business or other building or place where persons reside, congregate, or are employed which is not provided with means for the disposal of sewage, either by flush toilet connected with a sewage system approved by the City of Rio Dell City Manager or designee or, when it is judged permissible by the County Health Officer, for a site that is greater than 300 feet from a public sewer, an on-site wastewater treatment (septic) system which meets the requirements of the County Health Department. With respect to the use of on-site wastewater treatment systems within the City of Rio Dell, the City of Rio Dell adopts the Humboldt County Code, its regulations and, when approved and implemented, its local agency management program for the siting, design, operation and maintenance of on- Itshall be unlawful for any person to construct or maintain any on-site wastewater treatment system, sewage treatment works, sewer pipes or conduits, or other pipes or conduits for the treatment or discharge of sewage or impure waters or any matter or substance offensive, injurious or dangerous to health whereby they shall do any of the site wastewater treatment systems. following: (1) Overflow any lands whatever; (2) Empty, flow, seep, drain into or affect any springs, streams, rivers, lakes or other waters within the City of Rio Dell. With respect to existing on-site wastewater treatment systems ifi it would be impossible to comply with all the requirements of the County Health Department, the County Health Officer may authorize repairs that are in -62- substantial conformance, to the greatest extent practicable, with the requirements of the Its shall be unlawful for any person, firm or corporation to construct, build, or rebuild any place of residence or other building or place where persons congregate, reside or are employed which is not to be connected to an approved public sanitary sewer without first obtaining a permit to do SO from the County Health Department. [Ord. 35151, County Health Department. 2016; Ord.32291,2014; Ord. 286, 2012; Ord. 190521,1987. 13.10.220 Building sewers, laterals and connections. and paying all fees and connection charges as required. (1) Permit Required. No person shall construct a building sewer, lateral sewer or make a connection with any public sewer without first obtaining a written permit from the City (2) Design and Construction Requirements. Design and construction of building sewers and lateral sewers shall be in accordance with the requirements of the City and to the (3) Separate Sewers. No two adjacent buildings fronting on the same street shall be permitted to join the use ofi the same side sewer. Every building or industrial facility must be separately connected with a public sewer if such public sewer exists in the street upon which the property abuts ori in an easement which will serve said property. However, two or more buildings located on property belonging to the same owner may be served with the same side sewer provided the property cannot be subdivided into (4) Old Building Sewers. Old building sewers may be used in connection with new buildings only when they are found, upon examination and test by the City Manager or (5) Cleanouts. Two Cleanouts in building sewers shall be provided in accordance with the rules, regulations and ordinances of the City. A cleanout and backflow device shall be required at or near the building structure, and a double sweep cleanout installed at or (6) Down Spouts/Roof Drains. Down spouts or roof drains shall not discharge rain water (7) Sewer Too Low. In all buildings hereafter constructed in which any building sewer is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building sewer shall be lifted by artificial means, approved by the City Manager or designee, and discharged to the public sewer at the expense of the owner. (8) Connection to Public Sewer. The connection of the building sewer into the sewer system shall be made at the applicant's expense. The applicant shall extend the building sewer to the property line, at which point it shall be the responsibility of the City to connect the building sewer to the City system lateral. Any damage to the lateral approval of the City Manager or designee. smaller legal-sized lots. designee, to meet all requirements of the City. near the property line. All cleanouts shall be maintained watertight. or storm runoff into the building lateral or any sewer connection. -63- sewer shall be repaired at the cost of the applicant to the satisfaction of the City (9) Maintenance of Building Sewer. Building sewers shall be free of infiltration and be (10) Public Sewer Construction - Permit Required. No person shall construct, extend or connect to any public sewer without first obtaining a written permit from the City and paying all fees and connection charges and furnishing bonds as required. The provision of this section requiring permits shall not be construed to apply to contractors' construction sewers and appurtenances under contracts awarded and entered into by (11) Plans, Profiles and Specifications Required. The application for a permit for public sewer construction shall be accompanied by three complete sets of plans, profiles and specifications, complying with all applicable ordinances, rules and regulations of the City prepared by a registered civil engineer showing all details of the proposed work based on an accurate survey of the ground. The application, together with the plans, profiles and specifications, shall be examined by the City Manager or designee, who shall within 20 days approve them as filed or require them to be modified as he deems necessary for proper installation. When the City Manager or designee is satisfied that the proposed work is proper and the plans, profiles, and specifications are sufficient and correct, he shall order the issuance of a permit predicated upon the payment of all connection charges, fees and furnishing bonds as required by the City. The permit shall prescribe such terms and conditions as the City Manager or designee finds necessary in the (12) Subdivisions. The requirements of this section shall be fully complied with before any final subdivision map shall be approved by the City Council. The final subdivision map shall provide for the dedication for public use of streets, easements or rights-of- way in which public sewer lines are to be constructed. If a final subdivision map of a tract is recorded and the work of constructing sewers to serve the tract is not completed within the time limit allowed in the permit, the City Council may extend the time limit or may complete the work and take appropriate steps to enforce the provisions of the bond (13) Easements or Right-of-Way. In the event that an easement is required for the extension of the public sewer or the making of connections, the applicant shall procure and have accepted by the City a proper easement or grant of right-of-way having a minimum width of 10 feet sufficient in law to allow the laying and maintenance of such (14) Persons Authorized to Perform Work. Only properly licensed contractors and City forces shall be authorized to perform the work of public sewer construction within the City. All terms and conditions of the permit issued by the City to the applicant shall be Manager or designee. maintained by the owner of the property served thereby. the City. public interest. furnished by the sub divider. extension or connection. binding on the contractor. -64- (15) Compliance with Local Regulations. Any person constructing a sewer within a street shall comply with all State, County or City laws, ordinances, rules and regulations pertaining to the cutting or pavement opening, barricading, lighting, and protecting of trenches, backfilling and repaving thereof and shall obtain all permits and pay all fees required by the department having jurisdiction prior to the issuance of a permit of the (16) Design and Construction Standards. Design and construction of sewers within the City must be approved by the City Manager or designee. Three complete sets of as-built drawings showing the actual location of all mains, structures, wyes, and laterals shall be (17) Completion of Sewer Required. Before any acceptance of any sewer line by the City and prior to the admission of any sewage into the system, the sewer line shall be tested and shall be complete to the satisfaction of the City Manager or designee. [Ord. City. filed with the City before final acceptance of the work. 3225 1, 2014; Ord. 286, 2012; Ord. 190522, - 1987.] 13.10.467 Transfer of property and testing. Whenever any property is to be sold or transferred to or vested in any other entity, the sewer lateral(s) to the property shall have camera work done to inspect the sewer lateral for breaks and or tie-in's with neighboring laterals. Once camera work is complete and breaks are fixed and tie-in laterals are plugged/removed the lateral shall be tested for infiltration and all necessary repairs or replacements performed to prevent all infiltration. A backflow device will need to be installed up stream of the lower cleanout. A lower cleanout will need to be installed at the property line with sweep This test will be set up by a licensed contractor, paid for by the property seller or buyer, and signed off by the City Manager or authorized representative. Test requirements are An inspection card signed by an authorized City inspector must accompany title transfer proceedings. It is the responsibility of the property buyer or seller to repair, replace and conform to all infiltration and backflow requirements prior to transfer of property towards sewer main. available at City Hall. connected to the City sewer system. Exceptions: This section shall not apply to: (1) Condominium or cooperative apartment buildings; (2) To all buildings where the City Manager, or authorized representative, determines that testing and repair or replacement of lateral(s) has been performed to City standards (3) To all buildings where the City Manager, or authorized representative, determines that new sewer construction has been inspected and passed within the last three years. within the last three years; -65- This determination shall be made by a test performed by City staff. Except for standard permit costs, there will be no charge to the property owner for this test. Ini the event that the test fails, refer to RDMC 13.10.469. [Ord.32291,2014; Ord. 286, 2012.] Staff support the proposed amendments and recommends that the Council codify the changes. Ordinance No. 406-2024 amending Chapter 13.10, "Sewer Rates and Regulations", Section 13.10.170, Section 13.10.210, Section 13.10.220, and Section 13.10.467 of the Rio Dell Municipal Code (RDMC) is included in Attachment 1. Attachment 1: Ordinance No. 406-2024, amending Chapter 13.10, "Sewer Rates and Regulations, Section 13.10.170, Section 13.10.210, Section 13.10.220, and Section 13.10.467 of the Rio Dell Municipal Code (RDMC) -66- ORDINANCE NO. 406-2024 OF (RIO DELD) CALFORNA AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIO DELL AMENDING CHAPTER 13.10, "SEWER RATES AND REGULATIONS", SECTION 13.10.170, SECTION 13.10.210, SECTION 13.10.220 AND SECTION 13.10.467 OF THE RIO THE CITY COUNCIL OF THE CITY OF RIO DELL ORDAINS AS FOLLOWS: WHERAS the City's City Manager or authorized representative is tasked with enforcing and explaining the City's various sewer rates and regulations; and WHEREAS one of the difficulties in enforcing the regulations regarding sewer regulations is the unclear language in Chapter 13.10; and WHERAS unclear language has caused issues, in that past lateral inspections performed by home owners, and realtors have not been clearly made aware of all the issues pertaining to the private lateral during an 1&I inspection, due to other challenges such as no lower cleanout, lateral tie ins, shared lower laterals, and missing backflow NOW, THERREFORE, BE IT FURTHER RESOLVED that the City Council of the City of DELL MUNICIPAL CODE (RDEMC) devices. Rio Dell does hereby ordain as follows: Section 1. follows: Chapter 13.10.170 of the Rio Dell Municipal Code is hereby amended to read in as 13.10.170 Prerequisites to multiple service connections. No sewer shall be served to two or more parcels of property separately owned through a common service pipe. When more than one occupancy is placed on the same parcel of property and each is conducting a separately established residence or business, a separate sewer line shall be required and installed for each occupancy. Where there is a pre-existing multiple use sewer service, the City shall establish additional accounts and charges for each additional commercial, professional, dwelling, or living unit situated upon the premises not served by an individual sewer. [Ord.322 Where there is a pre-existing unknown shared lateral that becomes known and two sewer services utilize the lateral, each of the property owners must establish their own $1,2014; Ord. 286, 2012; Ord. 190517,1 1987.] -67- lateral on their respective property parcels. The City shall establish a lower lateral to the sewer main once each property owner has indicated where their respective sewer lateral and lower cleanout will be installed. Section 2. follows: Chapter 13.10.210 of the Rio Dell Municipal Code is hereby amended to read in as 13.10.210 Sewer system required. Itshall be unlawful to maintain or use: any residence, place of business or other building or place where persons reside, congregate, or are employed which is not provided with means for the disposal of sewage, either by flush toilet connected with a sewage system approved by the City of Rio Dell City Manager or designee or, when it is judged permissible by the County Health Officer, for a site that is greater than 300 feet from a public sewer, an on-site wastewater treatment (septic) system which meets the requirements of the County Health Department. With respect to the use of on-site wastewater treatment systems within the City of Rio Dell, the City of Rio Dell adopts the Humboldt County Code, its regulations and, when approved and implemented, its local agency management program for the siting, design, operation and maintenance of on- Itshall be unlawful for any person to construct or maintain any on-site wastewater treatment system, sewage treatment works, sewer pipes or conduits, or other pipes or conduits for the treatment or discharge of sewage or impure waters or any matter or substance offensive, injurious or dangerous to health whereby they shall do any of the site wastewater treatment systems. following: (1) Overflow any lands whatever; (2) Empty, flow, seep, drain into or affect any springs, streams, rivers, lakes or other waters within the City of Rio Dell. With respect to existing on-site wastewater treatment systems if it would be impossible to comply with all the requirements of the County Health Department, the County Health Officer may authorize repairs that are in substantial conformance, to the greatest extent practicable, with the requirements of the Itshall be unlawful for any person, firm or corporation to construct, build, or rebuild any place of residence or other building or place where persons congregate, reside or are employed which is not to be connected to an approved public sanitary sewer without first obtaining a permit to do sO from the County Health Department. [Ord. 35151, County Health Department. 2016; Ord. 322 S 1,2014; Ord. 286, 2012; Ord. 190521,1987. Section 3. follows: Chapter 13.10.220 of the Rio Dell Municipal Code is hereby amended to read in as 13.10.220 Building sewers, laterals and connections. -68- (1) Permit Required. No person shall construct a building sewer, lateral sewer or make a connection with any public sewer without first obtaining a written permit from the City (2) Design and Construction Requirements. Design and construction of building sewers and lateral sewers shall be in accordance with the requirements of the City and to the (3) Separate Sewers. No two adjacent buildings fronting on the same street shall be permitted to join the use of the same side sewer. Every building or industrial facility must be separately connected with a public sewer if such public sewer exists in the street upon which the property abuts or in an easement which will serve said property. However, two or more buildings located on property belonging to the same owner may be served with the same side sewer provided the property cannot be subdivided into (4) Old Building Sewers. Old building sewers may be used in connection with new buildings only when they are found, upon examination and test by the City Manager or (5) Cleanouts. Two Cleanouts in building sewers shall be provided in accordance with the rules, regulations and ordinances of the City. A cleanout and backflow device shall be required at or near the building structure, and a double sweep cleanout installed at or (6) Down Spouts/Roof Drains. Down spouts or roof drains shall not discharge rain water (7) Sewer Too Low. In all buildings hereafter constructed in which any building sewer is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building sewer shall be lifted by artificial means, approved by the City Manager or designee, and discharged to the public sewer at the expense of the owner. (8) Connection to Public Sewer. The connection of the building sewer into the sewer system shall be made at the applicant's expense. The applicant shall extend the building sewer to the property line, at which point it shall be the responsibility of the City to connect the building sewer to the City system lateral. Any damage to the lateral sewer shall be repaired at the cost of the applicant to the satisfaction of the City (9) Maintenance of Building Sewer. Building sewers shall be free ofi infiltration and be (10) Public Sewer Construction - Permit Required. No person shall construct, extend or connect to any public sewer without first obtaining a written permit from the City and paying all fees and connection charges and furnishing bonds as required. The provision of this section requiring permits shall not be construed to apply to contractors' and paying all fees and connection charges as required. approval of the City Manager or designee. smaller legal-sized lots. designee, to meet all requirements of the City. near the property line. All cleanouts shall be maintained watertight. or storm runoff into the building lateral or any sewer connection. Manager or designee. maintained by the owner of the property served thereby. -69- construction sewers and appurtenances under contracts awarded and entered into by (11) Plans, Profiles and Specifications Required. The application for a permit for public sewer construction shall be accompanied by three complete sets of plans, profiles and specifications, complying with all applicable ordinances, rules and regulations of the City prepared by a registered civil engineer showing all details of the proposed work based on an accurate survey of the ground. The application, together with the plans, profiles and specifications, shall be examined by the City Manager or designee, who shall within 20 days approve them as filed or require them to be modified as he deems necessary for proper installation. When the City Manager or designee is satisfied that the proposed work is proper and the plans, profiles, and specifications are sufficient and correct, he shall order the issuance of a permit predicated upon the payment of all connection charges, fees and furnishing bonds as required by the City. The permit shall prescribe such terms and conditions as the City Manager or designee finds necessary in the (12) Subdivisions. The requirements of this section shall be fully complied with before any final subdivision map shall be approved by the City Council. The final subdivision map shall provide for the dedication for public use of streets, easements or rights-of- way in which public sewer lines are to be constructed. If a final subdivision map of a tract is recorded and the work of constructing sewers to serve the tract is not completed within the time limit allowed in the permit, the City Council may extend the time limit or may complete the work and take appropriate steps to enforce the provisions of the bond (13) Easements or Right-of-Way. In the event that an easement is required for the extension of the public sewer or the making of connections, the applicant shall procure and have accepted by the City a proper easement or grant of right-of-way having a minimum width of 10 feet sufficient in law to allow the laying and maintenance of such (14) Persons Authorized to Perform Work. Only properly licensed contractors and City forces shall be authorized to perform the work of public sewer construction within the City. All terms and conditions of the permit issued by the City to the applicant shall be (15) Compliance with Local Regulations. Any person constructing a sewer within a street shall comply with all State, County or City laws, ordinances, rules and regulations pertaining to the cutting or pavement opening, barricading, lighting, and protecting of trenches, backfilling and repaving thereof and shall obtain all permits and pay all fees required by the department having jurisdiction prior to the issuance of a permit of the (16) Design and Construction Standards. Design and construction of sewers within the City must be approved by the City Manager or designee. Three complete sets of as-built the City. public interest. furnished by the sub divider. extension or connection. binding on the contractor. City. -70- drawings showing the actual location of all mains, structures, wyes, and laterals shall be (17) Completion of Sewer Required. Before any acceptance of any sewer line by the City and prior to the admission of any sewage into the system, the sewer line shall be tested and shall be complete to the satisfaction ofi the City Manager or designee. [Ord. filed with the City before final acceptance of the work. 322 $1,2014; Ord. 286, 2012; Ord. 190 $22, 1987.] Section 4. follows: Chapter 13.10.467 of the Rio Dell Municipal Code is hereby amended to read in as 13.10.467 Transfer of property and testing. Whenever any property is to be sold or transferred to or vested in any other entity, the sewer lateral(s) to the property shall have camera work done to inspect the sewer lateral for breaks and or tie-in's with neighboring laterals. Once camera work is complete and breaks are fixed and tie-in laterals are pluggedremoved the lateral shall be tested for infiltration and all necessary repairs or replacements performed to prevent all infiltration. A backflow device will need to be installed up stream of the lower cleanout. A lower cleanout will need to be installed at the property line with sweep This test will be set up by a licensed contractor, paid for by the property seller or buyer, and signed off by the City Manager or authorized representative. Test requirements are An inspection card signed by an authorized City inspector must accompany title transfer proceedings. It is the responsibility of the property buyer or seller to repair, replace and conform to all infiltration and backflow requirements prior to transfer of property towards sewer main. available at City Hall. connected to the City sewer system. Exceptions: This section shall not apply to: (1) Condominium or cooperative apartment buildings; (2) To all buildings where the City Manager, or authorized representative, determines that testing and repair or replacement of lateral(s) has been performed to City standards (3) To all buildings where the City Manager, or authorized representative, determines that new sewer construction has been inspected and passed within the last three years. This determination shall be made by a test performed by City staff. Except for standard permit costs, there will be no charge to the property owner for this test. In the event that the test fails, refer to RDMC 13.10.469. [Ord. 322S S 1,2014; Ord. 286, 2012.] Staff support the proposed amendments and recommends that the Council codify the changes. Ordinance No. 406-2024 amending Chapter 13.10, Sewer Rates and within the last three years; -71- Regulations", Section 13.10.170, Section 13.10.210, Section 13.10.220, and Section 13.10.467 of the Rio Dell Municipal Code (RDMC) is included in Attachment 1. Attachment 1: Ordinance No. 406-2024, amending Chapter 13.10, "Sewer Rates and Regulations, Section 13.10.170, Section 13.10.210, Section 13.10.220, and Section 13.10.467 of the Rio Dell Municipal Code (RDMC) Section 5. Severability Ifany provision that these ordinances are invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect. Section 6. Limitation of Actions Any action to challenge the validity or legality of any provisions of these ordinances on any grounds shall be brought by court action commenced within ninty (90) days of the date of adoption of this ordinance. Section 7. Effective Date These ordinances become effective thirty (30) days after their approval and adoption IHEREBY CERTIFY that thet forgoing Ordinances were duly introduced at a regular meeting of the City Council oft the City of Rio Dell on August 6th, 2024 and furthermore the forgoing Ordinance was passed, approved and adopted at a regular meeting of the City Council of the City of Rio Dell, held on the August 20th 2024 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Debra Garnes, Mayor ATTEST: ,Karen Dunham, City Clerk for the City of Rio Dell, State of California, hereby certify the above and foregoing to be a full, true and correct copy of Ordinance No. 406-2024 which was passed, approved and adopted at a regular meeting of the City Council of the City of Rio Dell, held on Aug.20"2024. Karen Dunham, City Clerk, City of Rio Dell -72-