Vista Municipal Code § 3.08 Purchasing System

Suppliers and Service Providers

Section 3.08.010 Purpose; Compliance Required

A. Compliance Required. All purchases or dispositions subject to this chapter shall

be processed and approved in accordance with the formal bidding requirements, informal bidding requirements, or alternative bidding requirements of this chapter, as applicable. B. Non-Compliant Actions and Contracts are Void. No obligation shall be incurred to pay for equipment, supplies, or services unless the procedures required by this chapter have been satisfied and followed. Any agreement for the purchase of equipment, supplies, or services made contrary to the provisions of this chapter is void and any claim or demand against the City based thereon is invalid. No disposition of property shall be made unless the procedures required by this chapter have been satisfied and followed. Any attempted disposition of property in violation of this chapter shall be null and void. Prior Code 24.1, 24.2.1; Ord. No. 88-16, Amended 4/11/88; Ord. No. 2006-7, Repealed and Enacted, 6/13/06; Ord. No. 2007-9, Repealed and Replaced, 6/26/07)

Section 3.08.020 Definitions

Whenever the following words are used in this chapter, they shall have the meaning

ascribed to them in this section: Emergency” means an event, occurrence, or situation: ( 1) producing a great public calamity; ( 2) creating an immediate need to prepare for national or local defense or threatened conditions or disaster or an extreme peril to the safety of persons or property within the City; (3) causing or threatening a breakdown in machinery or an essential public service or such a shortage of equipment or supplies so as to require immediate procurement in order to safeguard the public

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health, safety, or welfare; or (4) where following prescribed procedures would cause an undue delay in the procurement of the needed equipment, supplies, or services and would thereby threaten an essential, departmental operation affecting the public health, safety, or welfare. Job Order Contracts” means a firm, fixed price, indefinite quantity type contract designed to accomplish small to medium, multi-traded maintenance, repair and minor new construction projects and shall be subject to the same rules under this chapter as applied to public projects.” Local Business Entity” means a business that meets all of the following criteria: 1. Is a business entity which is (a) contracting for services and has a principal place of business located within the City, as identified on a City Business License or other official documents; or ( b) a vendor making a sale of goods, provided that such business or entity possesses a valid and current seller’s permit, or equivalent, issued by the State Board of Equalization, or its successor, which identifies the City of Vista as the point of sale for all of its taxable retail sales within the City jurisdiction; and 2. Holds a City of Vista Business License that has been in effect for at least six months prior to the issuance of the request for bids/proposals; and 3. Employs at least two full-time or four part-time employees whose primary residence is located within the City of Vista; or, is at least fifty percent ( 50%) owned by one or more persons whose primary residences are located within the City of Vista. Lowest Monetary Bidder” means the bidder who, in response to an invitation for bids, has submitted the bid with the lowest monetary cost to the City. When the City determines that it is appropriate, it may consider a combination of financial factors in determining the lowest monetary bidder, including the base bid price and the City’s reasonable estimates for maintenance costs, insurance costs, and/or other financial considerations. Further, the lowest monetary bidder shall also be determined with reference to the provisions of Sections 3.08.040.C.10 and 3.08.050.B.8 relating to preferences for a Local Business Entity. Lowest Responsible Bidder” means the bidder who submits the “lowest monetary bid” which is also “responsive” to the requirements of the invitation for bids and qualifies as a responsible” bidder. The determination of the lowest responsible bidder (and each component of that determination) shall be made by the Purchasing Officer for contracts that are approved by the City Manager, and by the City Council for contracts it approves. Public Project” means a project defined as a “public project” pursuant to Section 22002 of the California Public Contract Code, as amended from time to time. Purchasing Officer” means the City Manager and or such person as shall be appointed Purchasing Officer by the City Manager pursuant to this chapter. Notwithstanding the foregoing, the City Council shall exercise the authority of the Purchasing Officer with respect to any final determination involving the identification of the lowest responsible bidder for contracts presented to the City Council for action. Responsible Bidder” means a bidder that has demonstrated it is qualified to perform in accordance with the requirements identified in the invitation for bids, based on the bidder’s experience, capacity, and integrity. Factors that may be considered, include, among others: (1) successful and timely completion of projects of similar scope, size, and quality; (2) any relevant licenses or certifications; ( 3) available resources to perform the project, including qualified personnel, property ( such as buildings, plants, equipment, and materials), and finances; ( 4) history of relevant claims and actions; and (5) performance history with the City, if applicable. If requested by the Purchasing Officer, a party which has submitted a bid shall provide supplemental information to the Purchasing Officer to permit the Purchasing Officer to determine whether the bidder qualifies as responsive. Responsive” means a bid that is prepared and submitted by the bidder in accordance with the requirements of the invitation for bids, and this chapter, with only those non-material deviations that may be waived, in the discretion of the City, without rendering the process unfair

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or negatively affecting the City’s interests. SB 1383 Regulations” means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by California’s Department of Resources Recycling and Recovery and adopted in 2020 that created Title 14 of the State of California Code of Regulations, Division 7, Chapter 12 and amended portions of Chapter 14 and Chapter 27 of the State of California Code of Regulations. Short Term Lease” means a lease of real property with a fixed term of no more than one year. State Law” means a California State Statute or implementing rule or regulation that is legally required and constitutionally permitted to be imposed on the City concerning a matter that is otherwise considered by the City to be a municipal affair. Veteran-Owned Business Entity” means a business that meets all of the following criteria: 1. Is a business entity which is at least fifty one percent (51%) owned by one or more veterans; and 2. Holds a business license for at least 6 months prior to the issuance of the request for bids/proposals in (a) the City of Vista; or (b) one of the other Innovate 78 Corridor Economic Development Initiative cities of Carlsbad, Escondido, Oceanside, or San Marcos, provided that the city issuing the business license has enacted a substantially similar veterans business preference program as determined by the City Manager; and 3. ( a) Is a Service-Disabled Veteran-Owned Small Business ( SDVOSB) or Veteran- Owned Small Business ( VOSB) registered with the Office of Small & Disadvantaged Business Utilization’s Vets First Verification Program, a division of the U.S. Department of Veteran Affairs, or (b) is a Disabled Veteran Business Enterprise ( DVBE) certified and registered with the Office of Small Business and DVBE Service, a division of the California Department of General Services. Prior Code 24-2; Ord. No. 88-16, Amended 4/11/88; Ord. No. 96-12, Enacted, 6/25/96; Ord. No. 2006-7, Repealed and Enacted, 6/13/06; Ord. No. 2007-9, Repealed and Replaced, 6/26/07; Ord. No. 2012-6, Amended 5/25/12; Ord. No. 2015-5, Amended 4/14/15; Ord. No. 2016-2, Amended 3/9/16; Ord. No. 2016- 6, Amended 4/22/16; Ord. No. 2021-4, Amended 4/27/21)

Section 3.08.030 Purchasing Officer

A. Position Established. The City Manager may appoint a Purchasing Officer whose duties may be combined with those of any other officer or position. In the absence of an appointment to the position of Purchasing Officer, the City Manager shall serve as Purchasing Officer. Notwithstanding the foregoing, the City Attorney shall serve as Purchasing Officer for all contracts for, or in support of, legal services, except such legal services contracts, if any, as may be directly authorized and executed by the City Manager. B. Powers and Duties. The Purchasing Officer shall: 1. Prepare and recommend to the City Manager operational procedures and forms for the procurement of goods and/or services in cooperation with the end users and for the disposal of surplus property. 2. Procure or supervise the procurement of all goods and/or services needed by the City, in coordination with end users, in a manner consistent with the City Charter, this chapter, rules or regulations adopted by the City Council or City Manager, and rules adopted by the Purchasing Officer, or as otherwise required by state or federal law. 3. Process the contracts awarded administratively and/or by the City Council. 4. Whenever possible, establish standardized specifications and consolidation of requirements for goods and/or services required by two or more end users. 5. Sell or otherwise dispose of surplus personal property. 6. Supervise the inspection of all supplies, services and equipment purchased

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to ensure conformance with specifications. 7. Require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary or appropriate to determine the quality of the delivery and its conformance with the specifications. 8. Maintain a current bidders list, vendors catalog file and records needed for the efficient operation of the purchasing functions. 9. Obtain additional information from a bidder who has submitted a bid to determine or assess if the bidder is a responsible bidder. If the requested information is not provided in a complete manner or by a set date, the Purchasing Officer may characterize the bidder as not responsible for purpose of the single bid under review. 10. Take other actions consistent with this chapter. C. Standardization Requirements. Where the Purchasing Officer has determined and the City Attorney concurs that significant cost savings have been demonstrated, standardization of supplies, materials, or equipment is permitted and the specifications may limit the purchase to a single brand or trade name. Among the factors that may be considered in determining to standardize on a single brand or trade name are that: (1) repair and maintenance costs would be minimized; (2) user personnel training would be facilitated thereby; (3) supplies or spare parts would be minimized; ( 4) modifications to existing equipment would be minimized or may not be necessary; ( 5) training or repair and maintenance personnel would be minimized; and/or ( 6) matching existing supplies, materials, or equipment is required for the proper operation, function, or use of a function or program. D. Inspection. The Purchasing Officer or a designated representative shall be responsible for the inspection of supplies and equipment delivered to determine their conformance with the specifications set forth in the order. E. Testing. The Purchasing Officer, or a designated representative, shall have authority to require chemical and physical tests of samples submitted with the bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. F. Assignment of Duties of Purchasing Officer to Other Departments. The City Manager, with approval of the City Council, may authorize in writing any agency to purchase or contract for specified supplies, services and equipment independently of the Purchasing Department; but he or she shall require that such purchases or contracts be made in conformity with the procedures established by this chapter, and shall further require periodic reports from the agency on the purchases and contracts made under such written authorization. G. Delegations by Purchasing Officer. The Purchasing Officer, with approval of the City Manager, may authorize, in writing, any department to purchase specified supplies, services and equipment of estimated amounts of less than $ 30,000 independently of the Purchasing Department. Such purchases shall be made in conformity with the procedures established by this chapter and shall further require periodic reports from the agency on the purchases made under such written authorization. Prior Code 24 -2, 24-3, 24 -4, 24-5, 24-11, 24-13; Ord. No. 88-16, Amended 4/11/88; Ord. No. 2006 -7, Amended, 6/13/06; Ord. No. 2007 -9, Repealed and Replaced, 6/26/07 ; Ord. No. 22 -5, Amended 4/26/22)

Section 3.08.040 Formal Bidding Procedure

A. Circumstances Where Formal Bidding is Allowed or Required.
1. Contracts for purchases of supplies, equipment, or services. (a) Purchases

with a value of $150,000 or less may be made using the formal bidding process if authorized by the Purchasing Officer, in his or her discretion. (b) Purchases with an anticipated value exceeding 150,000 must utilize the formal bidding requirements of this section unless this chapter authorizes use of informal bidding or alternative bidding as provided in Sections 3.08.050 or

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3.08.060. 2. Public projects. ( a) Public projects with a value of $ 150,000 or less, appropriations for which have been approved by the City Council, may be performed by the employees of the City or its agencies by force account, or by negotiated contract or purchase order approved by the City Manager. (b) Public projects in excess of $150,000 shall be let by the formal bidding procedures in this section unless the City Council authorizes an alternative procedure for awarding the contract prior to the receipt of bids. 3. Rights-of-Way for Public Projects. Acquisition of rights-of-way needed for public projects, including fee interests and temporary and permanent easements, appropriations for which public projects have been approved by the City Council, may be negotiated and approved by the City Manager subject to the provisions of Section 3.08.090, Section 2.04.110, and City Council policy. B. Award to Lowest Responsible Bidder. Unless prior to bid or the receipt of bids, the City Council authorizes the award of the contract to someone other than the lowest responsible bidder, a contract awarded using the formal bidding procedures of this section, shall be awarded to the lowest responsible bidder, or the next lowest responsible bidder if the initial low bidder refuses to execute the contract. C. Procedural Requirements. The formal bidding procedures are as follows: 1. The Purchasing Officer shall issue a notice inviting bids using one or more methods designed to provide reasonable public notice in a manner which will permit the bid information to be disseminated widely. The notice shall include: ( a) instruction to bidders; ( b) specifications describing the required supplies, goods or equipment; (c) bid forms and schedules; d) any required bond forms; (e) general provisions; (f) the time on or before which bids will be received; (g) where and with whom bids shall be filed; and (h) the date, time and place where and when bids will be publicly opened. 2. Notice shall be provided to all responsible prospective suppliers or service providers whose names are on the current bidders list or who have made a written request that their names be added thereto. However, a failure to provide notice shall not affect the validity of any subsequent bid award. 3. With the exception of a design-build contract for a public project, no person with whom the City has contracted to prepare or assist in the preparation of bid or proposal documents is eligible to submit a bid or proposal for the provision of the goods or the performance of the services so specified in the notice inviting bids or proposals. 4. Bid responses shall be in writing, and, with the prior approval of the City Attorney, may be transmitted to the Purchasing Officer by facsimile, by mail, electronically over the internet, or by any other means of delivery. 5. Bids shall be kept confidential until bid opening. 6. Formal bids, timely received, will be publicly opened by the Purchasing Officer and the bid pricing shall be read aloud and/or recorded. Formal bids received after the deadline for receipt of bids shall not be accepted by the City and shall be returned to the bidder unopened, unless opening is necessary for identification purposes. The Purchasing Officer shall submit written notification to the bidder whose bid was received after the deadline stating what the deadline was, when the bid was actually received and that the bid is being returned because it was received after the deadline. 7. If no bids are received or if no bids meet the requirements as specified in the solicitation documents, the Purchasing Officer may cease the procurement. 8. If two or more bids are received with the same total bid price, the City Council may, in its discretion, accept the bid it chooses. 9. All bids shall be deemed rejected if no City Council action is taken on the bids or proposals within 90 days after the bids have been received and opened, unless bidders agree to extend a bid’s effective date upon request by the City.

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10. Should the bidder who submits the lowest bid not be a Local Business

Entity, then the lowest bid submitted by a Local business Entity that is within five percent of the lowest bid may be deemed the Lowest Monetary Bidder, whether or not that bidder is the second lowest bidder, if the Local Business Entity agrees, in writing, to reduce its bid to match the bid of the lowest bidder within three days of the City’s request to match. Thereafter, the contract may be awarded to that Local Business Entity if it otherwise qualifies as the Lowest Responsible Bidder. This provision shall be inapplicable where otherwise prohibited by state or federal law or contract. 11. Should the bidder who submits the lowest bid not be a Veteran-Owned Business Entity, then the lowest bid submitted by a Veteran-Owned Business Entity which is within two percent (2%) of the lowest bid may be deemed the Lowest Monetary Bidder, whether or not that bidder is the second lowest bidder, if the Veteran-Owned Business Entity agrees, in writing, to reduce its bid to match the bid of the lowest bidder within three days of the City’s request to match. Thereafter, the contract may be awarded to the Veteran-Owned Business Entity if it otherwise qualifies as the Lowest Responsible Bidder. This provision shall be inapplicable where otherwise prohibited by state or federal law or contract. This preference cannot be combined with the Local Business Enterprise preference. D. Rejection and/or Re-solicitation of Bids by Purchasing Officer. The Purchasing Officer may reject any and all bids received and, in his or her discretion, re-advertise for bids, pursuant to the procedures described in Sections 3.08.040 through 3.08.060, when: 1. All bids substantially exceed the City estimate of cost for the purchase or exceed the amount budgeted for the purchase; 2. No responsive and responsible bids were received; and/or 3. Alternate bids have been submitted by one or more vendors making evaluations of the bid difficult. E. Rejection of Bids by City Council. The City Council may reject any or all bids, when the City Council, in its absolute discretion, determines that the public interest would be served. If the City Council rejects all bids, it may direct that the Purchasing Officer re-advertise for bids pursuant to the procedures described in Section 3.08.050 through 3.08.060. Prior Code 24-4, 24-8, 24-11; Ord. No. 88-16, Amended 4/11/88; Ord. No. 96-12, Amended, 6/25/98; Ord. No. 2006-7, Amended, 6/13/06; Ord. No. 2007-9, Repealed and Replaced, 6/26/07 ; Ord. No. 2011- 4, Amended 8/23/11 ; Ord. No. 2012-6, Amended 5/25/12; Ord. No. 2016-6, Amended 4/22/16; Ord. No. 22-5, Amended 4/26/22 )

Section 3.08.050 Informal Bidding Procedure

A. Circumstances Where Informal Bidding is Allowed or Required. The informal bidding procedures may be used for any of the following purchases of supplies, equipment, or services: 1. When the supplies, equipment, or services have an anticipated value of between $15,000 and $150,000; 2. When a prior solicitation of bids occurred using the formal bidding process, but the solicitation yielded: (a) no bids or no bids that were responsive and responsible; (b) bids which substantially exceeded the City’s estimated cost for the purchase; or (c) alternative bids from one or more vendors made evaluation of the bid difficult. 3. When the contract value exceeds $150,000 and the City Council: (a) has determined, by resolution, that the public interest will be served by using informal bidding for a specified contract or a specified class of contracts; and (b) the supplies, equipment, or services fall within the designated class of contracts. 4. When the contract value exceeds $ 150,000, and: ( a) the Purchasing

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Officer, in writing, has determined that use of the formal bidding process would serve no useful purpose; and (b) that written determination is provided to the City Council a minimum of seven calendar days before the contract is executed by the City Manager. B. Procedural Requirements. The informal bidding procedures are as follows: 1. The Purchasing Officer shall solicit bids by written or oral request. 2. When reasonable, at least three bids shall be solicited. 3. Responses shall be in writing, and, if approved by the City Attorney, may be transmitted to the Purchasing Officer by facsimile, by mail, electronically over the internet, or by any other means of delivery. 4. Bids shall be kept confidential until bid opening. 5. The Purchasing Officer shall keep a public record of all open market requests and bids for a period of one year after the submission of the bids or, if no bids are received, the placing of the orders. 6. When multiple bids are received, the bid shall be awarded to the lowest responsible bidder. 7. All bids shall be deemed rejected if no action is taken to accept the bid or proposal within 90 days after the bids have been received and opened, unless bidders agree to extend a bid’s effective date upon request by the City. 8. Should the bidder who submits the lowest bid not be a Local Business Entity, then the lowest bid submitted by a Local Business Entity that is within five percent of the lowest bid may be deemed the Lowest Monetary Bidder, whether or not that bidder is the second lowest bidder, if the Local Business Entity agrees, in writing, to reduce its bid to match the bid of the lowest bidder within three days of the City’s request to match. Thereafter, the contract may be awarded to that Local Business Entity if it otherwise qualifies as the Lowest Responsible Bidder. This provision shall be inapplicable where otherwise prohibited by state or federal law or contract. 9. Should the bidder who submits the lowest bid not be a Veteran-Owned Business Entity, then the lowest bid submitted by a Veteran-Owned Business Entity which is within two percent (2%) of the lowest bid may be deemed the Lowest Monetary Bidder, whether or not that bidder is the second lowest bidder, if the Veteran-Owned Business Entity agrees, in writing, to reduce its bid to match the bid of the lowest bidder within three days of the City’s request to match. Thereafter, the contract may be awarded to the Veteran-Owned Business Entity if it otherwise qualifies as the Lowest Responsible Bidder. This provision shall be inapplicable where otherwise prohibited by state or federal law or contract. This preference cannot be combined with the Local Business Enterprise preference. C. Rejection of Bids by Purchasing Officer. The Purchasing Officer may reject all bids obtained using the informal bidding procedure when: 1. The City has determined that the supplies, equipment, or services that were solicited are no longer required; 2. The bids substantially exceeded the City’s estimate of cost for the purchase or exceeded the amount budgeted for the purchase; 3. No responsive and responsible bids are received; 4. Alternate bids have been submitted by one or more vendors making evaluations of the bid difficult; or 5. The Purchasing Officer has determined it would serve the public interest to reject all bids or to re-solicit bids. Prior Code 24-11; Ord. No. 88-16, Amended 4/11/88; Ord. No. 2006-7, Amended, 6/13/06; Ord. No. 2007- 9, Repealed and Replaced, 6/26/07; Ord. No. 2011-4, Amended 8/23/11; Ord. No. 2015-5, Amended 4/14/15; Ord. No. 2016-6, Amended 4/22/16; Ord. No. 22 -5, Amended 4/26/22 )

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Section 3.08.060 Alternative Bidding Procedure

Rather than using the formal or informal bidding procedures of this chapter, the Purchasing Officer may solicit bids using the following alternative bidding procedures in the circumstances set forth in the subsections below. A. Competitive Negotiations. Competitive negotiations may be authorized for the purchase of highly specialized services, supplies, or equipment using the competitive negotiation procedure when: (a) the supplies or equipment are such that suitable technical or performance specifications are not readily available; ( b) the City is not able to develop descriptive specifications; or (c) the proposals for the purchase would be more advantageous to the City. 1. When the purchases are made by competitive negotiations, the best offer, as judged against proposal evaluation criteria, shall be accepted in the event that the City, in its discretion, determines to award a contract. When reasonably possible, at least three businesses shall be approached as part of the competitive negotiation process. The Purchasing Officer shall solicit a request for proposals, a request for qualifications, or other responses from those businesses which are engaged in the competitive negotiation process. 2. Prior to selecting a service provider, the City may engage in discussions and negotiations with the one or more parties submitting proposals to refine the proposals, negotiate the terms of proposals, or negotiate the fees, charges or other elements of the proposals. 3. The use of competitive negotiations is not intended to be used for the purpose of avoiding the bidding procedures as set forth in this chapter. B. Professional Services. A request for proposals or a request for qualifications shall be used when the City solicits the services of attorneys, accountants, architects, engineers or specialized consultants or professionals. When the City seeks a combination of equipment and professional services, the Purchasing Officer, in his or her discretion, shall choose whether to use a request for proposal process, as provided in this section, or the formal or informal procedures as provided in this chapter. 1. Requests for proposals, or statements of qualifications, shall include the following information: scope of work; plans and specifications, if applicable; time schedule; cost; insurance requirements; and list of employees who will be assigned to the project, and their qualifications. 2. Proposals will be reviewed and evaluated according to: experience and expertise in the field; quality of consultant's work; ability of firm or consultant to meet project deadlines; demonstrated competence necessary for the performance of the services required; professional qualifications; overall cost of the service; and, past performance on similar projects. 3. Prior to selecting a service provider, the City may engage in discussions and negotiations with one or more parties submitting proposals to refine the proposals, negotiate the terms of proposals, or negotiate the fees, charges or other elements of the proposals. 4. In the event there is only one individual or firm that can provide or is especially suited to providing the required professional service in a timely manner, the Purchasing Officer may waive the requirements for solicitation of multiple proposals. C. Cooperative Purchasing. The Purchasing Officer shall have the authority to join with other public or quasi-public agencies in cooperative purchasing plans or programs for the purchase of supplies, services and/or equipment by contract, arrangement, or agreement as allowed by law, provided that the Purchasing Officer determines that participation is in the City’s best interests and the administering agency has made its purchases in a competitive manner. In addition, the Purchasing Officer may buy directly from a vendor at a price established by another public agency when the other public agency has made its purchase in a competitive manner. D. Additional Quantities. Following the execution of a contract or purchase order for supplies, materials, or equipment, the Purchasing Officer may purchase additional quantities at

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the quoted price, if such an option for additional quantities is offered by vendor and an unencumbered balance of an allocated appropriation is available. E. Emergencies. In an emergency, the City Manager may use the alternative bidding procedure set forth in this paragraph. Procurements using this procedure shall be limited to goods, services or public projects that are of an urgent nature, directly and immediately required due to the emergency. No individual procurement using this procedure shall exceed $ 250,000. The City Manager shall use his or her best efforts to secure the lowest possible price for goods or services that satisfies the City’s needs for quality and timely delivery. Promptly following the approval of the purchase, the City Manager shall prepare a signed certificate identifying the emergency and the need for the goods or services. The certificate shall be delivered to the City Council. Prior Code 24-12.1, 24-12.2, 24-15; Ord. No. 88-16, Amended 4/11/88; Ord. No. 2006-7, Amended, 6/13/06; Ord. No. 2007-9, Repealed and Replaced, 6/26/07)

Section 3.08.065 Prequalification of Contractors and Subcontractors

A. Prequalification. The City may establish a prequalification process for prospective contractors and subcontractors on public works projects that require highly technical and specialized expertise or equipment, or when the City deems it necessary to examine the financial resources and ability of the prospective bidder to perform in accordance with a strict project schedule. B. Prequalification may be limited to consideration of all or any of the following materials supplied by prospective bidders: 1. Possession of all required licenses, registrations and credentials in good standing that are required to construct the project. 2. Submission of documentation establishing that the prospective bidder has completed, or demonstrated the capability to complete, projects of similar size, scope, type or complexity, and that proposed key personnel have sufficient experience and training to competently manage and complete the construction of the project. This may include a requirement for references for similar construction projects completed. 3. Submission of evidence establishing that the prospective bidder has the capacity to obtain required payment and performance bonding, liability insurance, as well as a financial statement assuring the City that the prospective bidder has the capacity to complete the project. 4. Responses to questions about whether any surety company made payment on the prospective bidder’s behalf as a result of default, to satisfy any claims made against a payment or performance bond issued on the prospective bidder’s behalf, in connection with a construction project. 5. Responses to questions about criminal matters and related civil suits regarding being found liable in a civil suit or found guilty in a criminal action for making a false claim or material representation to any federal, state, or local agency or entity. In addition, responses to questions about whether the prospective bidder has been convicted of a crime involving any federal, state or local law relating to construction. 6. Responses to questions about whether the prospective bidder has been assessed liquidated damages exceeding $50,000 on a construction project and whether an owner has filed a claim against the prospective bidder concerning work on a construction project. 7. Responses to questions about whether the prospective bidder has made any claim in excess of $50,000 against a project owner concerning work on a project or payment for a contract and filed that claim in court or arbitration.

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8. Responses to questions about whether the prospective bidder has ever

been denied award of a public works contract by a public agency based on the finding that they were not a responsible bidder. 9. Responses to questions about whether EPA, any Air Quality Management District or any Regional Water Quality Control Board cited and assessed penalties against the prospective bidder or the owner of a project during the time in which the prospective bidder was performing work on a contract. 10. Responses to questions about whether CAL OSHA cited and assessed penalties against the prospective bidder for any “ serious”, “ willful” or “ repeat” violations of its safety or health violations. C. The City may require that information required pursuant to this subdivision shall be verified under oath by the prospective bidder in the manner in which civil proceedings in civil actions are verified. Information that is not a public record pursuant to the California Public Records Act [Chapter 3.5 (commencing with Section 6250) of Division 7 Title 1 of the Government Code] shall not be open to public inspection. D. The prequalification process shall be pass/fail. Prospective bidders that meet the minimum requirements shall pass and therefore be qualified to bid on the proposed public works project. Prospective bidders that do not meet the minimum requirements shall fail and not be permitted to submit a bid on the proposed public works project. E. The use of a prequalification process and the scope of the prequalification criteria shall be approved by the City Manager. The prequalification criteria and process shall be set forth in full in the bid documents. Ord. No. 2014-19, Added 8/26/14)

Section 3.08.070 Post-Bid Negotiations

To obtain better value for the City, the purchasing agent may engage in negotiations with

a bidder who qualifies as the lowest responsible bidder to obtain price reductions or contract enhancements. If such price reductions or contract enhancements are negotiated, the contract to be executed will be drafted to include such reductions or enhancements. In addition, the City, after receiving proposals for work that are not governed solely by price, may negotiate with the bidders regarding the particular terms of the contract prior to selecting or contracting with a bidder. Former Section 3.08.070, Repealed; Ord. No. 88-16, Amended 4/11/88; Ord. No. 2006-7, Enacted, 6/13/06; Ord. No. 2007-9, Repealed and Replaced, 6/26/07) Section 3.08.075 Design-Build Contracts

A. Purpose and intent. The purpose of this section is to provide definitions and

guidelines for the use, evaluation and award of design-build contracts. B. Definitions. For the purposes of this section, the following definitions apply: Design-build” means a procurement contract method in which both the design and construction of a construction project are procured from a single entity pursuant to a competitive negotiation process. Design-build entity” means a natural person, partnership, joint venture, corporation, business association or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services for a public works project under a design-build agreement. Design-build entity members” includes any person who provides licensed contracting, architectural, or engineering services. C. Design-build procurement. The City may enter into design-build procurement contracts subject to the prior approval of the City Manager or the City Council as provided in Section 3.08.040.A.2. For purposes of this section only, prior to procuring a design-build contract, the City shall prepare a request for proposal setting forth the scope of the project that may include,

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but is not limited to, the size, type, and desired design character of the buildings, structures, and site, and performance specifications. The performance specifications shall describe the quality of materials, equipment, and workmanship, preliminary plans or building layouts and other information deemed necessary to adequately describe the City’s needs. The performance specifications shall be prepared or reviewed and approved by a design professional that is duly licensed and registered in California or by an City-authorized employee. D. Competitive prequalification and selection process. The City may establish a competitive prequalification and selection process for design-build entities that specifies the prequalification criteria, as well as recommends the manner in which the winning entity will be selected. E. Prequalification criteria. Prequalification may be limited to consideration of all or any of the following criteria supplied by a design-build entity: 1. Possession of all required licenses, registration, and credentials in good standing that are required to design and construct the project. 2. Submission of documentation establishing that the design-build entity members have completed, or demonstrated the capability to complete, projects of similar size, scope building type, or complexity, and that proposed key personnel have sufficient experience and training to competently manage and complete the design and construction of the project. 3. If the design-build entity is a partnership, limited partnership, joint venture or other association, a listing of all of the partners, general partners, or association members known at the time of bid submission who will participate in the design-build contract. 4. Submission of a proposed project management plan establishing that the design-build entity has the experience, competence, and capacity needed to effectively complete the project. 5. Submission of evidence establishing that the design-build entity has the capacity to obtain all required payment and performance bonding, liability insurance, and errors and omission insurance, as well as a financial statement assuring the City that the design-build entity has the capacity to complete the project. 6. The City may require that information required pursuant to this subdivision shall be verified under oath by the design-build entity and its members in the manner in which civil proceedings in civil actions are verified. Information that is not a public record pursuant to the California Public Records Act [Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code] shall not be open to public inspection. F. Selection method. The awarding authority shall select one of the following methods as the process to be used for the selection of the winning design-build entity: 1. A design-build competition based on performance, specifications, and criteria set forth by the awarding authority in the request for proposals. a. Criteria used in this form of evaluation of proposals may include, but not be limited to, items such as proposed design approach, initial and/or life-cycle costs, project features, financing, quality, capacity, schedule, and operational and functional performance of the facility. However, any criteria and methods used to evaluate proposals shall be limited to those contained in the request for design-build proposals. b. Award shall be made to the design-build entity on the basis of the technical criteria and methodology, including price, whose proposal is judged as providing the best value in meeting the interests of the City and meeting the objectives of the project. 2. A design-build competition based on program requirements, performance specifications, and a preliminary design or combination thereof set forth by the City in the request for proposals. Limited drawings and specifications detailing the requirements of the project may accompany the request for proposals. a. The City shall establish technical criteria and methodology, including price, to evaluate proposals and shall describe the criteria and methodology of

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evaluation and selection in the request for design-build proposals. b. Award shall be made to the design-build entity on the basis of technical criteria and methodology, including price, whose proposal is judged as providing the best value in meeting the interest of the City and meeting the objectives of the project. 3. A design-build competition based on program requirements and a detailed scope of work, including any preliminary design drawings and specifications set forth by the awarding authority in the request for proposals. a. Award shall be made on the basis of the lowest responsible and reliable bid. 4. References to “ price” in this subsection shall not preclude selection procedures whereby preliminary and final project price or value-engineering scope and price changes may be negotiated subsequent to the selection of the design-build entity. G. Work listing. The City may establish a process for the selection and award of subcontractors by the design-build entity in its contract documents. H. Except as provided below, any architectural firms, engineering firms, specialty consultants, or individuals retained by the City to assist in the preparation of the preliminary design or request for proposals shall not be eligible to participate in the competition with any design-build entity. The City, however, reserves the right to require as a condition of awarding a contract to the successful design-build entity under the RFP, that the design build-entity accept assignment of the agreement between the City and any architectural firm, engineering firm, specialty consultant or individual(s) retained by the City in the preparation of preliminary design or request for proposal. Design-build entity shall not terminate such assigned agreement with the architectural firm, engineering firm, specialty consultant or individual(s) without the express written approval of the City, which approval shall not be unreasonably withheld.” Ord. No. 2011-4, Added 8/23/11)

Section 3.08.080 Purchase Order and Requisition Process

All purchases of supplies, equipment, services and public projects shall comply with the following rules relating to appropriations, purchase orders, and requisitions. A. Purchase Orders. Purchases of equipment, supplies, services or public project shall be made only in accordance with this chapter and applicable City policies and guidelines. Except as otherwise provided in this chapter, no purchase order shall be issued unless the prior approval of the Purchasing Officer or a designated representative has been obtained. B. Unencumbered Funds. Except in cases of emergency, or in cases where specific authority has been first obtained from the City Council, the Purchasing Officer shall not issue any purchase order for supplies, services or equipment unless there exists an unencumbered appropriation in the fund account against which such purchase is to be charged. Prior Code 24-8, 24-9, Former Section 3.08.080, Repealed; Ord. No. 88-16, Amended 4/11/88; Ord. No. 2006-7, Enacted, 6/13/06; Ord. No. 2007-9, Repealed and Replaced, 6/26/07)

Section 3.08.090 Award and Execution of Contracts

A. Purchase Contracts Executed and Approved by City Council. Except in

emergency situations pursuant to Section 3.08.060.E and situations involving applicant-funded environmental assessments under Section 15.04.40.D, all contracts for supplies, services, equipment, short term leases, and public projects with an estimated value in excess of $150,000 shall be awarded by the City Council. B. Purchase Contracts Executed by City Manager. Contracts for supplies, services, equipment, short term leases, and public projects with an estimated value of $150,000 or less, and contracts authorized by Sections 3.08.060.E or 15.04.40 shall be executed by the City

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Manager. C. Contracts Executed by City Attorney. The City Attorney may execute contracts of up to $150,000 when the contract is for, or is in support of, legal services. D. Notice of Award; Satisfaction of Post-Bid Requirements. After the City makes a determination to award a contract in accordance with this chapter, the City shall issue a written notice of award of contract to the contracting party. Within the time specified in the notice of award, the bidder shall submit to the City all of the documents required by the invitation for bids if any are identified, such as signed contract documents, insurance, or performance security). If no time is specified in the notice of award, the bidder shall submit all required documents within ten calendar days after the date of the notice of award. E. Award to Next Lowest Bidder. In the event that the bidder awarded the contract does not properly and timely execute and submit all of the documents required by the invitation for bids, the City may void the previous award of contract, and award the contract to the next eligible bidder. This process may continue until the City awards the contract to bidder who complies with this section. Prior Code 24-16, Ord. No. 88-16, Amended 4/11/88; Ord. No. 98-13, Amended, 12/8/98; Ord. No. 2002- 28, Amended, 1/14/03; Ord. No. 2006-7, Amended, 6/13/06; Ord. No. 2007-9, Repealed and Replaced, 6/26/07; Ord. No. 2016-2, Amended 3/9/16; Ord. No. 22-5, Amended 4/26/22 )

Section 3.08.100 Modifications of Awarded Contracts

A. Contracts Originally Approved by the City Council. Contracts originally approved by the City Council may be modified or amended in writing under either of the following circumstances: 1. The City Manager is authorized to approve written contract amendments or written change orders when: (a) the value of the amendments or change orders, in aggregate, do not exceed the greater of $50,000 or ten percent of the aggregate value of the original contract; and (b) the contract amendment or change order is executed by contractor and the City Manager. 2. The City is authorized to approve written amendments or written change orders in amounts greater than provided in Subparagraph 1, when all of the following apply: (1) the City Council, by a resolution or the terms of the contract, authorized the City Manager to execute amendments or modifications with a value that at least equals the amount of the value of the change order or modification; and (2) such authorization extends to the subject matter of the proposed amendment or change order. 3. The City Attorney may act instead of the City Manager under this section when the contract is for, or is in support of, legal services. B. Contracts Originally Approved by the City Manager. The City Manager may approve amendments to contracts that the City Manager approved pursuant to Section 3.08.090.B unless the amendment causes the aggregated value of the contract to exceed 200,000. C. Preconditions to Amendments. No contract amendment shall be approved under this section unless: (1) funds have been appropriated by the City Council which are available for any additional expenses created by the contract amendment; (2) the amendment is executed by the contractor and the City Manager; (3) no terms in the original agreement are altered or modified other than as set forth in the amendment; and (4) the amendment represents a modification to the original scope of work, rather than an award of new work that is properly subject to a separate bid process. D. Void Actions. No contract amendments or change orders shall be allowed except as permitted by this section. Any contract modification or change order approved in violation of this section shall be null and void. No payment shall be allowed for any supplies, equipment, property, services, or work unless performed under a contract, contract amendment, or change order approved and executed as provided in this chapter.

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Prior Code 24-16.1, 24-16.3; Ord. No. 88-16, Amended 4/11/88; Ord. No. 98-13, Amended, 12/8/98; Ord. No. 2006-7, Amended, 6/13/06; Ord. No. 2007-9, Repealed and Replaced, 6/26/07; Ord. No. 22 -5, Amended 4/26/22 )

Section 3.08.110 Bidder’s Security

A. The City shall have the authority to require a bid bond, performance bond or other security in such amount as it finds reasonably necessary to protect the best interests of the City consistent with applicable law. If the City requires a performance bond or other security, the amount of the bond shall be described in the notice inviting bids. B. Any bond or other security required as part of a bid shall be forfeited upon the failure of a bidder to execute the contract within ten days after the notice of award of contract has been mailed, unless the City is solely responsible for the delay in executing the contract. C. The amount of security forfeited shall be an amount equal to the difference between the bid amount of the bidder that has been notified of the award and the next lowest responsible bidder. However, the full amount of the security shall be forfeited if: (1) the amount representing the difference between the bids equals or exceeds the value of security; or (2) there is no responsible bidder other than the bidder or bidders that have already forfeited their bond or bonds. D. A bond or security shall be returned or released when the bidder executes the contract subject to the security, or when the City has finally and fully rejected the bid subject to the security. E. Nothing in this section shall prevent the City from: (1) awarding a contact to the second lowest responsible bidder after the lowest responsible bidder fails to execute the contract; 2) taking the security of the second lowest bidder or other low bidder that refuses to sign a contract within ten days after notice of award of contract has been mailed; or (3) rejecting the remaining bids after the lowest responsible bidder or bidders fails to execute a contract. Prior Code 24-11; Ord. No. 88-16, Amended 4/11/88; Ord. No. 2006-7, Amended, 6/13/06; Ord. No. 2007- 9, Repealed and Replaced, 6/26/07)

Section 3.08.120 Calculation of Dollar Amounts

For each contract, the dollar limits identified in this chapter (for both the authority of the

City Manager and the method of contract solicitation) shall be the greater of: (1) the total dollar amount per fiscal year of the City’s commitment to pay a contractor; (2) the total dollar amount per fiscal year of a contractor’s commitment to pay the City; or (3) as applied to donations of property only, the estimated fair market value of property subject to acquisition or disposal. For the purpose of determining dollar limits pursuant to this chapter, a “commitment” to pay includes the amount designated in a contract as a “not to exceed” amount or an estimated payment amount, even though the City’s actual contractual obligation is based on actual hours performed at an hourly rate. The City will not split or separate into smaller contracts, any contract for the purpose of evading the dollar amounts identified in this chapter. Prior Code 24-10; Ord. No. 88-16, Amended 4/11/88; Ord. No. 2006-7, Enacted, 6/13/06; Ord. No. 2007- 9, Repealed and Replaced, 6/26/07; Ord. No. 22-5, Amended 4/26/22 )

Section 3.08.130 City Dispositions of Surplus Equipment and Supplies

A. Identification of Surplus Supplies and Equipment. All using agencies shall submit to the Purchasing Officer, at such times and in such form as he prescribes, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. B. Disposition of Surplus Supplies and Equipment. The Purchasing Officer shall have authority to sell all supplies and equipment which cannot be used by any agency, or which have become unsuitable for City use, or to exchange the same for, or trade in the same on, new

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supplies and equipment. C. Worthless Property. In the case of scrap, supplies, or items having no estimated or appraised value, and which have not been desired by any civic or social organization, the Purchasing Officer may dispose of such items in any manner the Purchasing Officer deems appropriate, keeping full records of such dispositions. Prior Code 24-14; Ord. No. 88-16, Amended 4/11/88; Ord. No. 2006-7, Amended, 6/13/06; Ord. No. 2007-9, Repealed and Replaced, 6/26/07 )

Section 3.08.140 Donations

A. Donations of Property; City as Donor. Supplies, materials and equipment with an

estimated value of $20,000 or less, may be donated or sold by the City for less than fair market value to local civic organizations or for charitable purposes which provide a benefit to persons within the Vista region. Authorization for the sale or donation may be provided by the City Manager when the City Manager determines that such a disposition would best serve the City’s interests. Such donations or the discounted sale of items valued in excess of $20,000 must be approved by resolution of the City Council. B. Donations of Property; City as Recipient. The City Manager, on behalf of the City, may accept donations of personal property with a value of up to $50,000. Donations of personal property with a larger value shall be accepted by the City Council. All donations of personal property shall be evidenced by a document signed by a person authorized to make the donation, and where required, a contract. Donations shall only be accepted in a manner consistent with any applicable laws and any applicable policies adopted by the City Council. Donations of real property shall be considered and accepted by the City Council in accordance with California law. Prior Code 24-14; Ord. No. 88-16, Amended 4/11/88; Ord. No. 2006-7, Enacted, 6/13/06; Ord. No. 2007-9, Repealed and Replaced, 6/26/07 ; Ord. No. 22-5, Amended 4/26/22 )

Section 3.08.150 Exemptions - Certain Supplies, Services and Equipment

Contracts for supplies, services, equipment, and public projects may be approved without complying with the bidding process of this chapter when the contract is for any of the following: A. Utility services and related charges. B. Contracts for governmental or proprietary services provided by another governmental entity or quasi-public entity. C. Real property purchases, leases, and related title and escrow fees. D. Transportation and freight charges when not specifically indicated on a purchase order. E. Insurance and bond premiums. F. Advertisements in newspapers or other periodicals. G. Works of art. H. Professional service contracts ( e.g., environmental consultants, outside legal services) which are completely funded by private development applicants. I. Purchases of books, periodicals, newspapers, trade journals and other publications. J. Purchases of gasoline, oil, or other automobile care products in connection with the immediate use or emergency repair of City vehicles. K. Purchase of used equipment, which in the opinion of the City Manager, is satisfactory for the work of the City. L. Membership dues in professional organizations, conventions, training, travel arrangements, including hotels, car rentals, and air fare. M. When the estimated value of the supplies, services or equipment purchased is less

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than $ 50,000; or in the case of a public project the estimated value of the public project is 150,000 or less. N. When the commodity or service can be obtained from only one vendor. O. When services are involved which will be performed entirely by City forces. P. When the City Manager, after consultation with the City Attorney, determines in writing that special circumstances would cause the implementation of the informal or formal bidding process infeasible, impractical, or otherwise not in the best interest of the City. The basis for the City Manager’s determination shall be set forth in a certificate executed by the City Manager and shall be a public record. Q. When the City has solicited bids in accordance with this chapter without getting any qualified responses and determines that the services, equipment, or supplies are still needed. R. When the City Council, by a four-fifths vote, finds that the City’s interests will be served by waiving the requirements of this chapter for an individual contract; S. When the award of contract involves a public project as defined in this chapter. T. When a specialized bidding process is required by applicable state or federal law and the City abides by that bidding process. Prior Code 24-10, 24-17, 24-18; Ord. No. 88-16, Amended 4/11/88; Ord. No. 2006-7, Amended, 6/13/06; Ord. No. 2007-9, Repealed and Replaced, 6/26/07 ; Ord. No. 2011-4, Amended 8/23/11; Ord. No. 22-5, Amended 4/26/22 )

Section 3.08.160 City Labor Code Compliance

A. Repealed.
B. California Labor Code Compliance. The City shall comply with the provisions of

Article 2, Chapter 1, Part 7, Division 2 of the California Labor Code, in compliance with Labor Code Section 1782. C. Repealed. Prior Code 24-14; Ord. No. 88-16, Amended 4/11/88; Ord. No. 2007-9, Added, 6/26/07; Ord. No. 2014- 22, Amended, 8/23/16)

Section 3.08.170 SB 1383 Regulations Procurement Requirements for City Departments, Suppliers and Service Providers

Pursuant to SB 1383 Regulations, beginning January 1, 2022, City departments, and

suppliers and service providers to the City, as applicable, must comply with the City’s Recovered Organic Waste Product Procurement Policy and Recycled-Content Paper Procurement Policy. Ord. No. 2021-4, Added 4/27/21)

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Chapter 3. 12

Warrants

Sections:

3. 12. 010 General Procedure - Statutory Authority
4. 12. 020 Contents of Claims
5. 12. 030 Review and Action by City Council
6. 12. 040 Execution of Warrants
7. 12. 050 Payment of Warrants
8. 12. 060 Disapproval of Warrants
9. 12. 070 Recordkeeping and Payment Procedures
10. 12. 080 Conditions for Filing Suit
11. 12. 090 Alternate Procedure for Payment of Claims

Section 3. 12. 010 General Procedure - Statutory Authority

Prior Code 10- 2; Ord. No. 63- 1, Enacted 1/ 28/ 63; Ord. No. 2002- 15, Repealed, 04/ 23/ 02)

Section 3. 12. 020 Contents of Claims

Prior Code 10- 3; Ord. No. 63- 1, Enacted 1/ 28/ 63; Ord. No. 2002- 15, Repealed, 04/ 23/ 02)

Section 3. 12. 030 Review and Action by City Council

Prior Code 10- 4; Ord. No. 63- 1, Enacted 1/ 28/ 63; Ord. No. 2002- 15, Repealed, 04/ 23/ 02)

Section 3. 12. 040 Execution of Warrants

A. If any claim or demand is approved and allowed by the City Council, the Mayor shall draw a warrant upon the City treasury for the same, which warrant shall be countersigned by the Director of Finance, or his authorized representative, and shall specify for what purpose the same is drawn and out of what fund it is to be paid. B. Except as otherwise provided, no warrant shall be drawn or evidence of indebtedness issued unless there is at the time sufficient money in the treasury legally applicable to the payment of the same. Prior Code 10- 5; Ord. No. 63- 1, Enacted 1/ 28/ 63; Ord. No. 71- 29, Amended 10/ 12/ 71 )

Section 3. 12. 050 Payment of Warrants

Upon presentation of a warrant pursuant to this chapter, properly executed and

endorsed, the City Treasurer shall pay the same out of the funds in the City treasury properly applicable to that purpose. Prior Code 10- 7; Ord. No. 63- 1, Enacted 1/ 28/ 63)

Section 3. 12. 060 Disapproval of Warrants

When an order or demand is not approved for want of funds and its amount does not

exceed the income and revenue for the year in which the indebtedness was incurred, the

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Director of Finance shall endorse on it, " Not approved for want of funds" with the date of presentation and his signature. Prior Code 10- 7; Ord. No. 63- 1, Enacted 1/ 28/ 63; Ord. No. 71- 29, Amended 10/ 12/ 71)

Section 3. 12. 070 Recordkeeping and Payment Procedures

A. The Director of Finance shall number the endorsement, register the order or

demand in his records and deliver it to the claimant, or his order. B. From delivery, the order or demand bears interest at six percent a year. C. Orders or demands shall be paid in the order they are registered. Prior Code 10- 8; Ord. No. 63- 1, Enacted 1/ 28/ 63)

Section 3. 12. 080 Conditions for Filing Suit

Prior Code 10- 8; Ord. No. 63- 1, Enacted 1/ 28/ 63; Ord. No. 2002- 15, Repealed, 05/ 23/ 02)

Section 3. 12. 090 Alternate Procedure for Payment of Claims

Pursuant to Article 11, Chapter 4, Part 1 of Division 2 of the California Government Code, commencing with Section 53910 thereof, notwithstanding other provisions of this chapter, the City Council may, by resolution, authorize such practices with respect to the form, issuance, delivery, endorsement and payment of warrants of the City as it deems convenient, efficient, and in the public interest. In addition to other practices, the City Council may determine, with respect to use of check- warrant forms, approval of claims for payment as authority for payment by check, and direction to the City depository with respect to payment of warrants, such authorization shall conform substantially to those practices specified in said Article II. Ord. No. 95- 9, Enacted, 08/ 08/ 95)

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Chapter 3. 16

Real Property Transfer Tax

Sections:

3. 16. 010 Title of Provisions - Statutory Authority
4. 16. 020 Tax Imposed - Rate
5. 16. 030 Payment of Tax
6. 16. 040 Exemptions - Instruments Securing Debts
7. 16. 050 Exemptions - Instruments Taken in Lieu of Foreclosure
8. 16. 060 Exemptions - Marital Property
9. 16. 070 Exemptions - Conveyance by Governmental Entity and Reconveyance to Exempt Public Agency
10. 16. 080 Exemptions - Certain Conveyance of Governmental Entity to Nonprofit Corporation
11. 16. 090 Exemptions - Documents of Public Agencies
12. 16. 100 Exemptions - Plans of Reorganization or Adjustment
13. 16. 110 Exemptions - Partnerships
14. 16. 120 Exemptions - Orders of Securities and Exchange Commission
15. 16. 130 Administration of Provisions
16. 16. 140 Claims for Refunds
17. 16. 150 Operative Date

Section 3. 16. 010 Title of Provisions - Statutory Authority

This chapter shall be known as the " Real Property Transfer Tax Ordinance of the City of

Vista." It is adopted pursuant to the authority contained in Part 6. 7 ( commencing with Section 11901) of Division 2 of the Revenue and Taxation Code of the State of California. Prior Code 29- 30; Ord. No. 67- 37, Amended 1/ 16/ 68)

Section 3. 16. 020 Tax Imposed - Rate

There is imposed on each deed, instrument or writing by which any lands, tenements or

other realty sold within the City shall be granted, assigned, transferred or otherwise conveyed to, or vested in the purchaser or purchasers, or any other person or persons, by his or their direction, when the consideration or value of the interest or property conveyed ( exclusive of the value of any lien or encumbrances remaining thereon at the time of sale) exceeds $ 100, a tax at the rate of 27. 5¢ for each $ 500 or fractional part thereof. Prior Code 29- 31; Ord. No. 67- 37, Amended 1/ 16/ 68)

Section 3. 16. 030 Payment of Tax

The tax imposed pursuant to Section 3. 16. 020 shall be paid by any person who makes, signs or issues any document or instrument subject to the tax or for whose use or benefit the same is made, signed or issued. Prior Code 29- 32; Ord. No. 67- 37, Amended 1/ 16/ 68)

Section 3. 16. 040 Exemptions - Instruments Securing Debts

A. The tax imposed pursuant to this chapter shall not apply to any instrument in

writing given to secure a debt. Any tax imposed pursuant to this chapter shall not apply with

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respect to any deed, instruments or writing to a beneficiary or mortgagee, which is taken from the mortgagor or trustor as a result of or in lieu of foreclosure; provided, that such tax shall apply to the extent that the consideration exceeds the unpaid debts, including accrued interest and cost of foreclosure. B. Consideration, unpaid debt amount and identification of grantee as beneficiary or a mortgagee shall be noted on such deed, instrument or writing or stated in an affidavit or declaration under penalty of perjury for tax purposes. Prior Code 29- 33; Ord. No. 67- 37, Amended 1/ 16/ 68; Ord. No. 75- 18, Amended 4/ 28/ 75; Ord. No. 90- 17, Amended, 05/ 29/ 90)

Section 3. 16. 050 Exemptions - Instruments Taken in Lieu of Foreclosure

A. Any tax imposed pursuant to this chapter shall not apply with respect to any

deed, instrument or writing to a beneficiary or mortgagee, which is taken from the mortgagor or trustor as a result of or in lieu of foreclosure; provided, that such tax shall apply to the extent that the consideration exceeds the unpaid debt, including accrued interest and cost of foreclosure. B. Consideration, unpaid debt amount and identification of grantee as beneficiary or mortgagee shall be noted on such deed, instrument or writing or stated in an affidavit or declaration under penalty of perjury for tax purposes. Prior Code 29- 33; Ord. No. 67- 37, Amended 1/ 16/ 68; Ord. No. 75- 18, Amended 4/ 28/ 75; Ord. No. 90- 17, Amended, 05/ 29/ 90)

Section 3. 16. 060 Exemptions - Marital Property

A. Any tax imposed pursuant to this chapter shall not apply with respect to any deed, instrument or other writing which purports to transfer, divide or allocate community, quasi- community or quasi- marital property assets between spouses for the purpose of effecting a division of community, quasi- community or quasi- marital property which is required by a judgment decreed a dissolution of the marriage or legal separation, by a judgment annuity or by any other judgment or order rendered pursuant to Part 5, commencing with Section 4000, of Division 4 of the Civil Code, or by a written agreement between the spouses, executed in contemplation of any such judgment or order, whether or not the written agreement is incorporated as part of any of those judgments or orders. B. In order to qualify for the exemption provided in Subsection A of this section, the deed, instrument or other writing shall include a written recital, signed by either spouse, stating that the deed, instrument or other writing is entitled to the exemption. Prior Code 29- 33; Ord. No. 67- 37, Amended 1/ 16/ 68; Ord. No. 75- 18, Amended 4/ 28/ 75; Ord. No. 90- 17, Amended, 05/ 29/ 90)

andSection 3. 16. 070 Exemptions - Conveyance by Governmental Entity
Reconveyance to Exempt Public Agency

Any tax imposed pursuant to this chapter shall not apply with respect to any deed,

instrument or other writing by which realty is conveyed by the state, any political subdivision thereof, or agency or instrumentality of either thereof, pursuant to an agreement whereby the purchaser agrees to immediately reconvey the realty to the exempt agency. Prior Code 29- 33; Ord. No. 67- 37, Amended 1/ 16/ 68; Ord. No. 75- 18, Amended 4/ 28/ 75; Ord. No. 90- 17, Amended, 05/ 29/ 90)

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Section 3. 16. 080 Exemptions - Certain Conveyances of Governmental Entity to Nonprofit Corporation

Any tax imposed pursuant to this chapter shall not apply with respect to any deed,

instrument or other writing by which the state, any political subdivision thereof, or agency or instrumentality of either thereof, conveys to a nonprofit corporation realty the acquisition, construction or improvement of which was financed or refinanced by obligations issued by the nonprofit corporation on behalf of a governmental unit, within the meaning of Section 1. 103- 1( b) of Title 26 of the Code of Federal Regulations. Prior Code 29- 33; Ord. No. 67- 37, Amended 1/ 16/ 68; Ord. No. 75- 18, Amended 4/ 28/ 75; Ord. No. 90- 17, Amended, 05/ 29/ 90)

Section 3. 16. 090 Exemptions - Documents of Public Agencies

Any deed, instrument or writing to which the United States or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, is a party shall be exempt from any tax imposed pursuant to this chapter when the exempt agency is acquiring title. Prior Code 29- 34; Ord. No. 67- 37, Amended 1/ 16/ 68; Ord. No. 90- 17, Amended, 05/ 29/ 90)

Section 3. 16. 100 Exemptions - Plans of Reorganization or Adjustment

A. The tax imposed pursuant to this chapter shall not apply to the making, delivering

or filing of conveyances to make effective any plan of reorganization or adjustment: 1. Confirmed under the Federal Bankruptcy Act, as amended; 2. Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in Subdivision ( m) of Section 205 of Title 11 of the United States Code, as amended; 3. Approved in an equity receivership proceeding in a court involving a corporation, as defined in Subdivision ( 3) of Section 506 of Title II of the United States Code, as

amended; or 4. Whereby a mere change in identity, form or place of organization is affected. B. Subdivisions 1 to 4, inclusive, of this section shall only apply if the making, delivery or filing of instruments of transfer or conveyances occurs within five years from the date of such confirmation, approval or change. Prior Code 29- 35 Ord. No. 67- 37, Amended 1/ 16/ 68)

Section 3. 16. 110 Exemptions - Partnerships

A. In the case of any realty held by a partnership, no levy shall be imposed pursuant

to this chapter by reason of any transfer of an interest in a partnership or otherwise, if: 1. Such partnership, or another partnership, is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954; and 2. Such continuing partnership continues to hold the realty concerned. B. If there is a termination of any partnership within the meaning of Section 708 of the Internal Revenue Code of 1954, for purposes of this chapter, such partnership shall be treated as having executed an instrument whereby there was conveyed, for fair market value, exclusive of the value of any lien or encumbrance remaining thereon, all realty held by such partnership at the time of such termination.

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C. Not more than one tax shall be imposed pursuant to this chapter by reason of a termination described in Subdivision B of this section, and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termination. Prior Code 29- 36; Ord. No. 67- 37, Amended 1/ 16/ 68)

Section 3. 16. 120 Exemptions - Orders of Securities and Exchange Commission

The tax imposed pursuant to this chapter shall not apply to the making or delivery of

conveyances to make effective any order of the Securities and Exchange Commission, as defined in Subdivision ( a) of Section 1083 of the Internal Revenue Code of 1954, but only if: A. The order of the Securities and Exchange Commission in obedience to which such conveyance is made recites that such conveyance is necessary or appropriate to effectuate the provisions of Section 79k of Title 15 of the United States Code, relating to the Public Utility Holding Company Act of 1935; B. Such order specifies the property which is ordered to be conveyed; and C. Such conveyance is made in obedience to such order. Prior Code 29- 37; Ord. No. 67- 37, Amended 1/ 16/ 68)

Section 3. 16. 130 Administration of Provisions

The County Recorder shall administer this chapter in conformity with the provisions of

Part 6.7 of Division 2 of the Revenue and Taxation Code and the provisions of any county ordinance adopted pursuant thereto. Prior Code 29- 38; Ord. No. 67- 37, Amended 1/ 16/ 68)

Section 3. 16. 140 Claims for Refunds

Claims for refund of taxes imposed pursuant to this chapter shall be governed by the

provisions of Chapter 5, commencing with Section 5096, of Part 9 of Division 1 of the Revenue and Taxation Code of the state. Prior Code 29- 39; Ord. No. 67- 37, Amended 1/ 16/ 68)

Section 3. 16. 150 Operative Date

This chapter shall become operative upon the operative date of any ordinance adopted

by the county, pursuant to Part 6. 7, commencing with Section 11901, of Division 2 of the Revenue and Taxation Code of the state, or upon the effective date of the ordinance codified in this chapter, whichever is the later. Prior Code 29- 40; Ord. No. 67- 37, Amended 1/ 16/ 68)

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Chapter 3. 20

Sales and Use Tax

Sections:

3. 20. 010 Title of Provisions
4. 20. 020 Tax Imposed - Rate
5. 20. 030 Operative Date
6. 20. 040 Purpose of Provisions - Statutory Authority
7. 20. 050 Contract with State to Perform Duties
8. 20. 060 Sales Tax
9. 20. 070 Place of Sale
10. 20. 080 Use Tax
11. 20. 090 Adoption of Provisions of State Law
12. 20. 100 Limitations on Adoption of State Law
13. 20. 110 Additional Seller' s Permit Not Required When
14. 20. 120 Exclusions and Exemptions
15. 20. 130 Amendments to Statutory Provisions
16. 20. 140 Enjoining Collection Prohibited
17. 20. 150 Violation - Penalty

Section 3. 20. 010 Title of Provisions

This chapter shall be known as the " Uniform Local Sales and Use Tax Ordinance."

Prior Code 29- 2. 1; Ord. No. 73- 43, Enacted 10/ 30/ 73)

Section 3. 20. 020 Tax Imposed- Rate

The rate of sales tax and use tax imposed by this chapter shall be one percent.

Prior Code 29- 2. 2; Ord. No. 73- 43, Enacted 10/ 30/ 73)

Section 3. 20. 030 Operative Date

This chapter shall be operative on January 1, 1974.

Prior Code 29- 2. 3; Ord. No. 73- 43, Enacted 10/ 30/ 73)

Section 3. 20. 040 Purpose of Provisions - Statutory Authority

The City Council declares that this chapter is adopted to achieve the following, among

other, purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes: A. To adopt a sales and use tax chapter which complies with the requirements and limitations contained in Part 1. 5 of Division 2 of the Revenue and Taxation Code. B. To adopt a sales and use tax chapter which incorporates provisions identical to those of the Sales and Use Tax Law of the state insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1. 5 of Division 2 of the Revenue and Taxation Code.

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C. To adopt a sales and use tax chapter which imposes a tax and provides a

measure therefore that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the state sales and use taxes. D. To adopt a sales and use tax chapter which can be administered in a manner that will, to the degree possible, consistent with the provisions of Part 1. 5 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting City sales and use taxes and at the same time minimize the burden of recordkeeping upon persons subject to taxation under the provisions of this chapter. Prior Code 29- 2. 4; Ord. No. 73- 43, Enacted 10/ 30/ 73)

Section 3. 20. 050 Contract with State to Perform Duties

Prior to the operative date, this City shall contract with the State Board of Equalization

to perform all functions incident to the administration and operation of this sales and use tax chapter; provided, that if this City shall not have contracted with the State Board of Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract rather than the first day of the first calendar quarter following the adoption of this chapter. Prior Code 29- 2. 5; Ord. No. 73- 43, Enacted 10/ 30/ 73)

Section 3. 20. 060 Sales Tax

For the privilege of selling tangible personal property at retail, a tax is imposed upon all

retailers in the City at the rate stated in Section 3.20.020 of the gross receipts of the retailer from the sale of all tangible personal property sold at retail in this City on and after the operative date. Prior Code 29- 2. 6; Ord. No. 73- 43, Enacted 10/ 30/ 73)

Section 3. 20. 070 Place of Sale

A. For the purposes of this chapter, all retail sales are consummated at the place of

business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out- of- state destination or to a common carrier for delivery to an out- of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. B. In the event a retailer has no permanent place of business in the state or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization. Prior Code 29. 2- 7; Ord. No. 73- 43, Enacted 10/ 30/ 73)

Section 3. 20. 080 Use Tax

An excise tax is imposed on the storage, use or other consumption in this City of tangible

personal property purchased from any retailer on and after the operative date for storage, use or other consumption in this City at the rate stated in Section 3. 20. 020 of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made. Prior Code 29- 2. 8; Ord. No. 73- 43, Enacted 10/ 30/ 73)

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Section 3. 20. 090 Adoption of Provisions of State Law

Except as otherwise provided in this chapter and except insofar as they are inconsistent

with the provisions of Part 1. 5 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 of Division 2 of the Revenue and Taxation Code are adopted and made a part of this chapter as though fully set forth herein. Prior Code 29- 2. 9; Ord. No. 73- 43, Enacted 10/ 30/ 73)

Section 3. 20. 100 Limitations on Adoption of State Law

A. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, wherever the state is named or referred to as the taxing agency, the name of this City shall be substituted therefore. B. 1. The substitution, however, shall not be made when the word " State" is used as part of the title of the State Controller, the State Treasurer, the State Board of Control, the State Board of Equalization, the State Treasury or the Constitution of the State of California; 2. The substitution shall not be made when the result of that substitution would require action to be taken by or against the City, or any agency thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this chapter; 3. The substitution shall not be made in those sections, including, but not necessarily limited to, sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the state under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or to impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provisions of that code; 4. The substitution shall not be made in Sections 6701, 6702 ( except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code; and 5. The substitution shall not be made for the word " state" in the phrase retailer engaged in business in this state" in Section 6203 or in the definition of that phrase in Section 6203. Prior Code 29- 2. 10; Ord. No. 73- 43, Enacted 10/ 30/ 73)

Section 3. 20. 110 Additional Seller' s Permit Not Required When

If a seller' s permit has been issued to a retailer under Section 6067 of the Revenue and

Taxation Code, an additional seller' s permit shall not be required by this chapter. Prior Code 29- 2. 11; Ord. No. 73- 43, Enacted 10/ 30/ 73)

Section 3. 20. 120 Exclusions and Exemptions

A. The amount subject to tax shall not include any sales or use tax imposed by the

state upon a retailer or consumer. B. The storage, use or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to tax under a sales and use tax ordinance enacted in accordance with Part 1. 5 of Division 2 of the Revenue and Taxation Code by any city or county in this state, shall be exempt from the tax due under this chapter.

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C. There are exempted from the computation of the amount of the sales tax the

gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this state, the United States or any foreign government. D. In addition to the exemptions provided in Sections 6366 and 6366. 1 of the Revenue and Taxation Code, the storage, use or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States or any foreign government, is exempted from the use tax. Prior Code 29- 2. 13; Ord. No. 73- 43, Enacted 10/ 30/ 73; Ord. No. 83- 71, Amended 12/ 13/ 83)

Section 3. 20. 130 Amendments to Statutory Provisions

All subsequent amendments of the Revenue and Taxation Code which relate to the

sales and use tax and which are not inconsistent with Part 1. 5 of Division 2 of the Revenue and Taxation Code shall automatically become a part of this chapter. Prior Code 29- 2. 15; Ord. No. 73- 43, Enacted 10/ 30/ 73)

Section 3. 20. 140 Enjoining Collection Prohibited

No injunction or writ of mandate of other legal or equitable process shall issue in any suit,

action or proceeding in any court against the state or this City, or against any officer of the state or this City, to prevent or enjoin the collection under this article, or Part 1. 5 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. Prior Code 29- 2. 16; Ord. No. 73- 43, Enacted 10/ 30/ 73)

Section 3. 20. 150 Violation- Penalty

Any person violating any of the provisions of this chapter shall be deemed guilty of a

misdemeanor, and upon conviction thereof shall be punishable according to the provisions of Section 1. 16. 010 of this code. Prior Code 29- 2. 17; Ord. No. 73- 43, Enacted 10/ 30/ 73)

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Chapter 3. 24

Transient Occupancy Tax

Sections:

3. 24. 010 Definitions
4. 24. 020 Tax Rate Established - Payment by Transient
5. 24. 030 Exemptions from Tax
6. 24. 040 Registration of Operators
7. 24. 050 Collection of Tax by Operators
8. 24. 060 Reports and Remittances Due When
9. 24. 070 Delinquent Payments - Unlawful Procedures - Penalty
10. 24. 080 Failure to Collect Tax - Assessment by Tax Administrator
11. 24. 090 Appeal Procedure
12. 24. 100 Tax Deemed Debt to City - Recovery by Court Action
13. 24. 110 Recordkeeping Requirements
14. 24. 120 Refund of Taxes
15. 24. 130 Unlawful Activities Designated

Section 3. 24. 010 Definitions

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Hotel" means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, including any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. Occupancy" means the use or possession, or the right to the use or possession, of any room or rooms or portion thereof, in any hotel for dwelling, lodging or sleeping purposes. Operator" means the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee or any other capacity. Where the operator performs his functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as his principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both. Rent" means the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature without any deduction therefrom whatsoever. Tax Administrator" means the City Clerk-Treasurer.* Transient" means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of 30 days has expired, unless there is an agreement, in writing, between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to June 29, 1964, may be considered.

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Editor' s Note: The duties of the City Treasurer were transferred to the Director of Finance by Ord. 69- 52, included as Chapter 2. 24 of this code. Prior Code 29- 11; Ord. No. 64- 25, Enacted 6/ 29/ 64)

Section 3. 24. 020 Tax Rate Established - Payment by Transient

A. For the privilege of occupancy in any hotel, each transient shall pay a tax, effective immediately upon the effective date of the latest amendment to this section, equal to ten percent times the rent charged by the operator. B. Such tax constitutes a debt owed by the transient to the City, which is extinguished only by payment of the tax to the operator or to the City. C. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the Tax Administrator may require that such tax shall be paid directly to the Tax Administrator. Prior Code 29- 12; Ord. No. 64- 25, Enacted 6/ 29/ 64; Ord. No. 72- 31, Amended 8/ 14/ 72; Ord. no. 87- 13, Amended 4/ 27/ 87; Ord. No. 87- 24, Amended 7/ 13/ 87; Ord. No. 90- 42, Amended, 11/ 06/ 90 Election)

Section 3. 24. 030 Exemptions from Tax

A. No tax under this chapter shall be imposed upon the following:
1. Any person as to whom, or any occupancy as to which, it is beyond the

power of the City to impose the tax; 2. Any federal or state officer or employee when on official business; or 3. Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. B. No exemption shall be granted except upon a claim therefore made at the time rent is collected and under penalty of perjury upon a form prescribed by the Tax Administrator. Prior Code 29- 13; Ord. No. 64- 25, Enacted 6/ 29/ 64)

Section 3. 24. 040 Registration of Operators

A. Within 30 days after commencing business, each operator of any hotel renting occupancy to transients shall register such hotel with the Tax Administrator and obtain from him a " transient occupancy registration certificate" to be at all times posted in a conspicuous place on the premises. B. Such certificate shall among other things, state the following: 1. The name of the operator; 2. The address of the hotel; 3. The date upon which the certificate was issued; and 4. This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of the Uniform Transient Occupancy Tax Ordinance by registering with the Tax Administrator for the purpose of collecting from transients the Transient Occupancy Tax and remitting said tax to the Tax Administrator. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner nor to operate a hotel without strictly complying with all local applicable laws including, but not limited to, those requiring a permit from any board, commission, department or office of this City. This certificate does not constitute a permit." Prior Code 29- 14; Ord. No. 64- 25, Enacted 6/ 29/ 64)

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Section 3. 24. 050 Collection of Tax by Operators

A. Each operator shall collect the tax imposed by this chapter to the same extent

and at the same time as the rent is collected from every transient. B. The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator. C. No operator of a hotel shall advertise or state in any manner whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner provided in this chapter. Prior Code 29- 15; Ord. No. 64- 25, Enacted 6/ 29/ 64)

Section 3. 24. 060 Reports and Remittances Due When

A. Each operator shall, on or before the last day of the month following the close of each calendar quarter, or at the close of any shorter reporting period which may be established by the Tax Administrator, make a return to the Tax Administrator, on forms provided by him, of the total rents charged and received and the amount of tax collected for transient occupancies. B. At the time the return is filed, the full amount of the tax collected shall be remitted to the Tax Administrator. C. The Tax Administrator may establish shorter reporting periods for any certificate holder if he deems it necessary in order to ensure collection of the tax and he may require further information in the return. D. Returns and payments are due immediately upon cessation of business for any reason. E. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the City until payment thereof is made to the Tax Administrator. Prior Code 29- 16; Ord. No. 64- 25, Enacted 6/ 29/ 64)

Section 3. 24. 070 Delinquent Payments - Unlawful Procedures - Penalty

A. Original Delinquency. Any operator who fails to remit any tax imposed by this

chapter within the time required shall pay a penalty of ten percent of the amount of the tax in addition to the amount of the tax. B. Continued Delinquency. Any operator who fails to remit any delinquent remittance on or before a period of 30 days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten percent of the amount of the tax in addition to the amount of the tax and the ten percent penalty first imposed. C. Fraud. If the Tax Administrator determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of 25% of the amount of the tax shall be added thereto in addition to the penalties stated in Subsections A and B of this section. D. Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one- half of one percent per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. E. Penalties Merged with Tax. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax required to be paid. Prior Code 29- 17; Ord. No. 64- 25, Enacted 6/ 29/ 64)

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Section 3. 24. 080 Failure to Collect Tax - Assessment by Tax Administrator

A. If any operator shall fail or refuse to collect the tax levied by this chapter and to make within the time provided in this chapter any report and remittance of such tax or any portion thereof, the Tax Administrator shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due. B. As soon as the Tax Administrator shall procure such facts and information as he is able to obtain upon which to base the assessment of any tax imposed by this chapter and payable by any operator who has failed or refused to collect the same and to make such report and remittance, he shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this chapter. C. In case such determination is made, the Tax Administrator shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at his last known place of address. D. Such operator may within ten days after the serving or mailing of such notice make application in writing to the Tax Administrator for a hearing on the amount assessed. 1. If application by the operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined by the Tax Administrator shall become final and conclusive and immediately due and payable. 2. If such application is made, the Tax Administrator shall give not less than five days written notice in the manner prescribed herein to the operator to show cause at a time and place fixed in such notice why such amount specified therein should not be fixed for such tax, interest and penalties. 3. At such hearing the operator may appear and offer evidence why such specified tax, interest and penalties should not be so fixed. 4. After such hearing the Tax Administrator shall determine the proper tax to be remitted and shall thereafter give written notice to the person in the manner prescribed herein of such determination and the amount of such tax, interest and penalties. 5. The amount determined to be due shall be payable after 15 days unless an appeal is taken as provided in Section 3. 24. 090. Prior Code 29- 18; Ord. No. 64- 25, Enacted 6/ 29/ 64)

Section 3. 24. 090 Appeal Procedure

A. Any operator aggrieved by any decision of the Tax Administrator with respect to the amount of such tax, interest and penalties, if any, may appeal to the City Council by filing a notice of appeal with the City Clerk within 15 days of the serving or mailing of the determination of tax due. B. The City Council shall fix a time and place for hearing such appeal, and the City Clerk shall give notice in writing to such operator at his last known place of address. C. The findings of the City Council shall be final and conclusive and shall be served upon the appellant in the manner prescribed in Subsection B of this section for service of notice of hearing. D. Any amount found to be due shall be immediately due and payable upon the service of notice. Prior Code 29- 19; Ord. No. 64- 25, Enacted 6/ 29/ 64)

Section 3. 24. 100 Tax Deemed Debt to City - Recovery by Court Action

A. Any tax required to be paid by any transient under the provisions of this chapter

shall be deemed a debt owed by the transient to the City.

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B. Any such tax collected by an operator which has not been paid to the City shall

be deemed a debt owed by the operator to the City. C. Any person owing money to the City under the provisions of this chapter shall be liable to an action brought in the name of the City for the recovery of such amount. Prior Code 29- 20; Ord. No. 64- 25, Enacted 6/ 29/ 64)

Section 3. 24. 110 Recordkeeping Requirements

It shall be the duty of every operator liable for the collection and payment to the City of

any tax imposed by this chapter to keep and preserve, for a period of three years, all records as may be necessary to determine the amount of such tax as he may have been liable for the collection and payment to the City, which records the Tax Administrator shall have the right to inspect at all reasonable times. Prior Code 29- 21; Ord. No. 64- 25, Enacted 6/ 29/ 64)

Section 3. 24. 120 Refund of Taxes

A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the City under this chapter, it may be refunded as provided in Subsections B and C of this section; provided, that a claim in writing therefore, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the Tax Administrator within three years of the date of payment. The claim shall be on forms furnished by the Tax Administrator. B. An operator may claim a refund or take as credit against taxes collected and remitted amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the Tax Administrator that the person from whom the tax has been collected was not a transient; provided, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator. C. A transient may obtain a refund of taxes overpaid or paid more than once or erroneously or illegally collected or received by the City by filing a claim in the manner provided in Subsection A of this section, but only when the tax was paid by the transient directly to the Tax Administrator or when the transient having paid the tax to the operator, establishes to the satisfaction of the Tax Administrator that the transient has been unable to obtain a refund from the operator who collected the tax. D. No refund shall be paid under provisions of this section unless the claimant establishes his right thereto by written records showing entitlement thereto. Prior Code 29- 22; Ord. No. 64- 25, Enacted 6/ 29/ 64)

Section 3. 24. 130 Unlawful Activities Designated

A. No operator or other person shall fail or refuse to register as required by this

chapter, or furnish any return required to be made, or fail or refuse to furnish a supplemental return or other data required by the Tax Administrator, or render a false or fraudulent return or claim. B. No person required to make, render, sign or verify any report or claim shall make any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due required by this chapter to be made. Prior 29- 24; Ord. No. 64- 25, Enacted 6/ 29/ 64)

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Chapter 3. 28

Construction License Tax

Sections:

3. 28. 010 Purpose of Provisions
4. 28. 020 Definitions
5. 28. 030 Tax Rate - Computation
6. 28. 040 Time of Payment - Refunds
7. 28. 050 Exceptions from Tax
8. 28. 060 Use of Tax Monies

Section 3. 28. 010 Purpose of Provisions

A. By virtue of the increase in the development of dwelling units and additions thereto

within the City, with the resulting increase in the population of the City, an immediate demand has been created for the planning, acquisition, improvement and expansion of public parks, playgrounds and recreational facilities to serve the increasing population of this City, as well as the method by which to finance such acquisition, improvement and expansion. Therefore, it is the intent of the Council that each builder of each dwelling unit and of each bedroom addition to be constructed within the City shall, prior to construction, pay a license tax as described in this chapter in addition to any other license taxes or fees which may be payable pursuant to other provisions of this Code or resolutions of the City Council. The payment of the license tax is required and assessed pursuant to the taxing power of the City and is solely for the purpose of producing revenue. B. Further, it is the intent of the Council that all revenue generated by the payment of such fees shall be used for the acquisition, improvement and expansion of parks and recreational facilities. Prior Code 6A- 1; Ord. No. 77- 34, Amended 7/ 11/ 77)

Section 3. 28. 020 Definitions

As used in this chapter, the following words and phrases shall have the meanings ascribed

to them in this section:

means each single- Dwelling Unit" family detached dwelling, each pad for a mobile

home or trailer and each unit of a duplex or multiple- dwelling structure, designed as a separate habitation for one or more persons. Person" means every individual, partnership, firm or corporation that is to construct or install or is to be responsible for the construction or installation of a dwelling unit, or every individual, partnership, firm or corporation that is to construct or install or is to be responsible for the construction or installation of a dwelling unit through the services of an employee, agent or independent contractor. Prior Code 6A- 2; Ord. No. 77- 34, Amended 7/ 11/ 77; Ord. No. 77- 32, Amended 9/ 12/ 77; Ord. No. 83- 41, Amended 8/ 8/ 83)

Section 3. 28. 030 Tax Rate - Computation

A. Every person constructing or installing any dwelling units or constructing or

installing any bedroom addition to an existing dwelling in the City, shall pay to the City a license tax in accordance with the following schedule:

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unit: $ 113. 1. For each room addition to an existing dwelling 2. For each dwelling unit where building plans are applicable, fees shall be collected according to the following table: One- room unit: 113. 00 Two- room unit: 225. 00 Three- room unit: 338. 00 Four- room unit: 450. 00 Five- room unit: 563. 00 Six- room unit: 675. 00 Seven- room unit: 788. 00 Eight- room unit: 900. 00 Mobile home: 325. 00 in an MHP on a temporary foundation 3. Rooms to be included in determining park fees are as follows: a. Kitchens b. Dining rooms ( if partially enclosed) C. Living rooms d. Enclosed porches e. Bedrooms f. Dens, libraries, studies etc. 4. Rooms not included in determining park fees: a. Bathrooms b. Storage areas ( attic, garage, closet, etc.) C. Open porches B. The tax schedule set forth in Subsection A of this section may be adjusted periodically as deemed necessary by the City Council by amendment to this section. Prior Code 6A- 3; Ord. No. 77- 34, Amended 7/ 11/ 77)

Section 3. 28. 040 Time of Payment - Refunds

A. The taxes required by this chapter shall be due and payable upon issuance of a

building permit for the construction of any dwelling unit or bedroom addition. Any fee paid pursuant to the terms of this chapter shall be paid one time only. B. Any tax paid pursuant to the terms of this chapter shall be refunded by the City upon application of the payor in event that construction does not occur and the building permit expires. Prior Code 6A- 4; Ord. No. 77- 34, Amended 7/ 11/ 77)

Section 3. 28. 050 Exceptions from Tax

Excepted from the payment of the taxes as provided for in this chapter shall be: A. Any dwelling unit included in a subdivision for which a final or parcel map has been recorded, if the subdivider has either dedicated land or paid fees, or both, for park and recreational purposes as required by Chapter 17 of this code, provided that this exception shall not apply to any bedroom addition to any such dwelling unit; B. Any building permit issued for remodeling of any dwelling unit, provided that a bedroom addition shall not be considered remodeling; C. Any dwelling unit which is destroyed in whole or in part, by fire, wind, flooding or other sudden and unexpected element, which is to be reconstructed with the same number of bedrooms; and D. The United States, State of California, school districts, counties, cities and

other public agencies. Prior Code 6A- 5; Ord. No. 77- 34, Amended 7/ 11/ 77)

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Section 3. 28. 060 Use of Tax Monies

All taxes collected pursuant to this chapter shall be used solely for the acquisition,

improvement and expansion of park or recreation facilities, which facilities shall be located and operated so as to reasonably meet the recreational needs of the increased population of the City and, in particular, the recreational needs of the occupants of those dwelling units and bedroom additions, the construction of which resulted in the payment of taxes pursuant to this

chapter. Prior Code 6A- 6; Ord. No. 77- 34, Amended 7/ 11/ 77)

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Chapter 3. 32

City Advertising Fund

Sections:

3. 32. 010 Fund Established - Purpose - Administering Agencies

Section 3. 32. 010 Fund Established - Purpose - Administering Agencies

A. There is established an advertising fund. B. Expenditures from such advertising fund shall be used for the following purposes and none other: 1. The preparation and distribution of brochures advertising the City. 2. The installation and maintenance of signs and billboards advertising the City. 3. The placing of advertising in newspapers and advertising journals. 4. The preparation and distribution of a " business climate survey. 5. The timely advertisement of local facilities and attributes in newspapers or other media. C. The Vista Chamber of Commerce and the Vista Junior Chamber of Commerce are designated as the agencies to carry out the purposes set forth in this chapter. Prior Code 10- 1; Ord. No. 64- 10, Amended 3/ 10/ 64)

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Chapter 3. 36

Special Gas Tax Street Improvement Fund

Sections:

3. 36. 010 Fund Established - Statutory Authority
4. 36. 020 Source of Funds
5. 36. 030 Use and Expenditure of Funds

Section 3. 36. 010 Fund Established - Statutory Authority

To comply with the provisions of Section 196, Article 5, Chapter 1, Division 1 of the

Streets and Highways Code of the State, there is established in the City Treasury a special fund to be known as the " Special Gas Tax Street Improvement Fund." Prior Code 10- 9; Ord. No. 63- 3, Enacted 2/ 15/ 63)

Section 3. 36. 020 Source of Funds

All money received by the City from the state under the provisions of the Streets and

Highways Code of the state for the acquisition of real property or interests therein, or for engineering, or for the construction, maintenance or improvement of streets or highways by the City, shall be paid into the special gas tax street improvement fund. Prior Code 10- 10; Ord. No. 63- 3, Enacted 2/ 15/ 63)

Section 3. 36. 030 Use and Expenditure of Funds

All money in the special gas tax street improvement fund shall be expended exclusively

for the purposes authorized by, and subject to the provisions of Sections 194 to 202 of Article 5, Chapter 1, Division 1 of the Streets and Highways Code of the state. Prior Code 10- 11; Ord. No. 63- 3, Enacted 2/ 15/ 63)

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Chapter 3. 40

Forfeited Property and Assets

Sections:

3. 40. 010 Program Established - Statutory Authority
4. 40. 020 Use of Funds
5. 40. 030 Title to Property or Assets - Proceeds from Sale
6. 40. 040 Accounting and Reporting Procedures

Section 3. 40. 010 Program Established - Statutory Authority

other ordinances relating to similar issues, a Law A. Notwithstanding City

Enforcement Forfeited Property and Assets Program is established whereby the City may receive forfeited property transferred to it from the County Sheriff' s Department in accordance with Section 8 of the Agreement of General Law and Traffic Enforcement Services and other pertinent authority such as the Comprehensive Crime Control Act of 1984 ( 21 U. S. Code Section 873, et. seq.), the United States Attorney General' s Guidelines on Seized and Forfeited Property Paragraph III D. 3. e), and the California Health and Safety Code Sections 11470 through 11493. B. The property and assets subject to the program are those which have been seized or collected by contracted law enforcement personnel during the investigation of criminal activities, subsequently forfeited by judicial or administrative decision, and transferred to the City as a result of participation by contracted law enforcement personnel. The program' s purpose shall be to provide an added incentive to the City to assist contracted law enforcement personnel in the fight against crime, especially illegal drug trafficking. Prior Code 10- 20; Ord. No. 90- 09, Enacted, 3/ 26/ 90)

Section 3. 40. 020 Use of Funds

Any monies received by the Forfeited Property and Assets Program, including the monies

received from the sale of any forfeited tangible property or other asset, and any interest thereon shall be deposited into a law enforcement forfeited property and assets account of the General Fund. The account shall be used by the City exclusively for law enforcement purposes. Prior Code 10- 21; Ord. No. 90- 09, Enacted, 03/ 26/ 90)

Section 3. 40. 030 Title to Property or Assets - Proceeds from Sale

A. Title to all property or assets received pursuant to this program shall be taken in

the name of the City and shall vest in the City. Upon receipt of any transferred property or asset, the City Manager or the City Manager' s designee shall immediately notify the City Finance Director of the acquisition. The Finance Director or the Finance Director' s designee shall make the necessary entries in the City' s inventory and accounting records, using the property' s or asset' s fair market value on the date of acquisition, as determined by the City' s purchasing agent.

B. Whenever the City deems it necessary or expedient to sell the forfeited noncash

property or assets received, the proceeds shall be deposited in the law enforcement forfeited property and assets account. Prior Code 10- 22; Ord. No. 90- 09, Enacted, 03/ 26/ 90)

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Section 3. 40. 040 Accounting and Reporting Procedures

A. The Finance Director shall establish regular accounting and reporting procedures

in connection with the law enforcement forfeited property and assets program with strict accountability. B. A report shall be provided to the City Manager on no less than an annual basis detailing all monies and tangible assets received, all deposits and all disbursements. Prior Code 10- 23; Ord. No. 90- 09, Enacted, 03/ 26/ 90)

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Chapter 3.44

Booking Fees

Sections:

3. 44. 010 Purpose
4. 44. 020 Collection Responsibility
5. 44. 030 Execution
6. 44. 040 Trust Account
7. 44. 050 Collection by City

Section 3. 44. 010 Purpose

It is the purpose of this chapter to impose administrative fees upon individuals who are

booked into county jails. Ord. No. 93- 24, Enacted, 10/ 12/ 93)

Section 3. 44. 020 Collection Responsibility

A. The courts of San Diego County are hereby requested to order payment in the

amount of $ 154 for criminal justice administration fees, as authorized by Government Code Section 29550. 1, by convicted persons at the time of entering judgment of conviction of any person arrested by officers of the City of Vista. B. The courts of San Diego County are hereby requested to impose as a condition of probation in order that the convicted person reimburse the City of Vista for criminal justice administration fees imposed on the City of Vista by San Diego County in the amount of$ 154 as a result of the arrest, booking and process of the convicted person. Ord. No. 93- 24, Enacted, 10/ 12/ 93)

Section 3. 44. 030 Execution

Execution of the order for payment shall be made in the same manner as a judgment in

a civil action. Ord. No. 93- 24, Enacted, 10/ 12/ 93)

Section 3. 44. 040 Trust Account

Until the dispute between the City of Vista and the County of San Diego as to the

amount of the criminal justice administration fee is resolved, the courts of San Diego County are hereby requested to have all criminal justice administrative fees paid by convicted person in a trust account administered by the county, the Court Administrator, or the County Auditor, to be held for the benefit of those cities required to pay such fees to the county. Ord. No. 93- 24, Enacted, 10/ 12/ 93)

Section 3. 44. 050 Collection by City

At such time as the aforementioned dispute is resolved, the City of Vista may recover

the amount of criminal justice administrative fees previously paid into said trust account, together with all interest accruing on such fees and thereafter, all of such fees are to be collected by the cities as prescribed in Government Code Section 1. Ord. No. 93- 24, Enacted, 10/ 12/ 93)

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Chapter 3.48

Standards for Public Works Construction

Sections:

3. 48. 010 Purpose and Intent
4. 48. 020 Definitions
5. 48. 030 Requirements for Award of Contracts for Public Projects
6. 48. 040 Requirements for Contracting Public Projects
7. 48. 050 Informal Bidding Requirements
8. 48. 060 Formal Bidding Requirements
9. 48. 070 Approval of Change Orders on Public Works Contracts

Section 3. 48. 010 Purpose and Intent

Ord. No. 94- 19, Added, 08/ 09/ 94; Ord. No. 2004- 11, Amended, 12/ 14/ 04; Ord. No. 2007- 9, Repealed, 6/ 26/ 07)

Section 3. 48. 020 Definitions

Ord. No. 94- 19, Added, 08/ 09/ 94; Ord. No. 2004- 11, Amended, 12/ 14/ 04; Ord. No. 2007- 9, Repealed, 6/ 26/ 07)

Section 3. 48. 030 Requirements for Award of Contracts for Public Projects

Ord. No. 94- 19, Added, 08/ 09/ 94; Ord. No. 2004- 11, Amended, 12/ 14/ 04; Ord. No. 2007- 9, Repealed, 6/ 26/ 07)

Section 3. 48. 040 Requirements for Contracting Public Projects

Ord. No. 94- 19, Added, 08/ 09/ 94; Ord. No. 2004- 11, Amended, 12/ 14/ 04; Ord. No. 2007- 9, Repealed, 6/ 26/ 07)

Section 3. 48. 050 Informal Bidding Requirements

Ord. No. 94- 19, Added, 08/ 09/ 94; Ord. No. 2004- 11, Amended, 12/ 14/ 04; Ord. No. 2007- 9, Repealed, 6/ 26/ 07)

Section 3. 48. 060 Formal Bidding Requirements

Ord. No. 94- 19, Added, 08/ 09/ 94; Ord. No. 2004- 11, Amended, 12/ 14/ 04; Ord. No. 2007- 9, Repealed, 6/ 26/ 07)

Section 3. 48. 070 Approval of Change Orders on Public Works Contracts

Ord. No. 94- 19, Added, 08/ 09/ 94; Ord. No. 2004- 11, Amended, 12/ 14/ 04; Ord. No. 2007- 9, Repealed, 6/ 26/ 07)

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Chapter 3. 52

Central Vista Business Improvement District

Sections:

3. 52. 010 Establishment of District
4. 52. 020 District Boundaries; Benefit Zones
5. 52. 030 Definitions
6. 52. 040 Advisory Board; Appointment; Duties
7. 52. 050 Method and Basis of Levying Assessments
8. 52. 060 Collection of Assessments; Time and Manner; Delinquencies
9. 52. 070 Revenues
10. 52. 080 Modification of District Boundaries, Assessments, Improvements or Activities
11. 52. 090 Alternative Procedures for Disestablishment of the District

Section 3. 52. 010 Establishment of District

Pursuant to Parking and Business Improvement Area Law of 1989 ( hereafter referred to

as the " Law"), being Part 6, Division 18 of the California Streets and Highways Code, there is hereby established the Central Vista Business Improvement District of the City of Vista hereafter referred to as the " District"). The businesses in the District shall be subject to any amendments to the Law. The improvements and activities to be provided in the District shall be funded by the levy of assessments upon businesses operating within the District in accordance with this Chapter and the Law. Ord. No. 95- 8, Enacted, 08/ 22/ 95)

Section 3. 52. 020 District Boundaries; Benefit Zones

The boundaries of the District, and the establishment of certain separate benefit zones,

are delineated as shown in the diagram below.

CENTRAL VISTA BUSINESS IMPROVEMENT DISTRICT Diagram of Boundaries and Benefit Zones See following page)

Ord. No. 95- 8, Enacted, 08/ 22/ 95; Ord. No. 2006- 3, Amended, 02/ 28/ 06)

3. 52 ( l) Vista 2/ 22/ 19)

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3. 52 ( 2)

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Section 3. 52. 030 Definitions

The words and phrases used in this Chapter shall have the same meaning as defined by or given in the law, except as otherwise defined in this section. Employee" means all persons employed or otherwise engaged in the operation of a business and includes, but is not limited to, employees, family members, partners, agents and subcontractors. For businesses with part time, occasional, or seasonal employees, the number of employees is determined first by calculating the number of full time equivalent employees on an annual basis. The number of full time equivalent employees is determined by the actual or estimated total number of hours worked by all part time, occasional, or seasonal employees during the immediate prior fiscal year of the business, then, by dividing that number by 2, 000. The resulting quotient shall be rounded to the next lowest whole number. The result shall be the number of full time equivalent employees. The number of full time equivalent employees shall then be added to the number of all regular full time employees. Business Classification" means a category of business, including a retail, service, restaurant, professional, wholesale or manufacturing business, or a financial institution. Where such type or class of business is defined by any law or by any ordinance or code of the City of Vista, such definition shall be used. Otherwise, the definition of the classification of the business most often used in describing such business shall be applied. Ord. No. 95- 8, Enacted, 08/ 22/ 95)

Section 3. 52. 040 Advisory Board; Appointment; Duties

A. An Advisory Board is hereby established.
B. The City Council shall appoint seven persons to the Advisory Board. The

appointees shall be owners of businesses subject to the assessments within the District unless otherwise qualified and acceptable candidates meeting this requirement are unavailable. C. The Advisory Board shall meet periodically, but not less than once each year, for the purpose of recommending to the City Council the expenditures of revenues derived from the levy of assessments within the District, the classification of the businesses to be assessed, and the method and basis of levying the assessments. In addition, the Advisory Board shall meet at such times and for such purposes as the City Council may direct by resolution. Ord. No. 95- 8, Enacted, 08/ 22/ 95; Ord. No. 2011- 7, Amended 09/ 27/ 11; Ord. No. 2019- 1, Amended, 01/ 22/ 19)

Section 3. 52. 050 Method and Basis of Levying Assessments

A. The assessments to be levied upon businesses of each classification within each

separate zone of the district pursuant to this chapter shall be as follows:

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METHOD AND BASIS FOR LEVYING ASSESSMENTS Central Vista Business Improvement District

Business Classification Number of Employees Zone A Zone B Zone C

Retail & Restaurant 1- 3 300 168 67 4- 10 450 250 100 11- 20 600 333 133 21+ 750 418 167 Service 225 125 50 Professional and Other 150 83 33 Financial Institution 750 625 500

B. In the event any business operating out of a single premises or location within

the district falls within two or more individual business classifications, the business shall be assessed at the highest amount of the two or more business classifications. C. Any business operating out of more than one location within the District shall be assessed a separate assessment, according to the business classification operating at each location. D. If two or more businesses owned separately operate out of a single location within the District, each business shall be assessed separately at the assessment for the appropriate type of business classification. E. The assessment upon a business entity organized and operating as nonprofit entity under California law, or the law of another state, shall be levied at one- half the amount of the assessment otherwise levied under this section. Ord. No. 95- 8, Enacted, 08/ 22/ 95; Ord. No. 96- 16, Amended, 08/ 13/ 96)

Section 3. 52. 060 Collection of Assessments; Time and Manner; Delinquencies

A. Assessments levied upon businesses within the District shall be collected by the City Treasurer, or the City Treasurer's designated agent or deputy. B. Each year, following the levy of assessments by the City Council, the City Treasurer shall cause a notice of assessment to be mailed, first class postage prepaid, to each business assessed, at the current address given for such business on the City' s business license records. The notice of assessment shall identify the amount of the assessment, and shall provide that the assessment must be paid in full to the City Treasurer within 30 days from the date of the notice. New businesses or businesses re-established during the fiscal year for which the assessment has been levied, which were not open at the beginning of the year, shall be assessed a pro rata portion of the full assessment based upon the number of months remaining in the fiscal year, rounded to the nearest full month, from the date that the business was opened. C. If payment of all or any portion of any assessment is not received by the City Treasurer by the due date, or postmarked by midnight of the next business day following the due date if deposited in a U. S. postal depository, such assessment shall be deemed delinquent. For failure to pay the assessment when due, the City Treasurer shall add a 20 percent penalty on the last day of the month after the due date thereof, and if not paid within 60 days from the due date, an additional 25 percent penalty shall be added. If the delinquent assessment is not paid within 30 days from the due date, the City Treasurer shall commence appropriate measures to enforce the collection, including but not limited to, commencement of an action in

3. 52 ( 4) Vista 2/ 22/ 19)

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any court of appropriate jurisdiction. All costs incurred by the City in any enforcement measure, including the cost of reasonable attorney' s fees incurred in any legal action, shall be added to the amount of the assessment. Upon receipt of a recommendation of the Central Vista Business Improvement District Advisory Board and a showing of good cause, the City Treasurer may reduce or waive a penalty. D. By resolution, the City Council may adjust the due dates for payments and the penalties for late payments set forth in this section. Ord. No. 95- 8, Enacted, 08/ 22/ 95; Ord. No. 96- 16, Repealed, 08/ 13/ 96; Ord. No. 2006- 3, Amended, 2/ 28/ 06; Ord. No. 2010- 15, Amended, 9/ 28/ 10; Ord. No. 2012- 2, Amended, 2/ 28/ 12)

Section 3. 52. 070 Revenues

A. All revenues received by the City Treasurer from the payment of assessments, and the interest earned on such revenues, shall be deposited by the Treasurer in a separate fund of the City to be known as the " Central Vista Business Improvement District Revenue Fund" ( hereafter, the " Fund"). Revenues received from each separate benefit zone within the District shall be deposited to a separate account within the Fund established for that zone. B. All expenses and payments authorized to be made on behalf of the District shall and disbursed from revenues in the Fund. The revenuesbe appropriated by the City Council from assessments shall not be used to provide improvements and activities outside the District, or for any purpose other than the following: 1. General promotion of business activities within the District. 2. Promotion of public events which benefit businesses within the District and which are to take place on or in public places within the District. 3. Decoration of any public place within the District. 4. Furnishing of music on any public place within the District. 5. Acquisition, construction, installation or maintenance of improvements permitted in the Law. 6. Other activities which benefit businesses located and operating within the District. For purposes of this section, all costs and expenses incurred by the City of Vista in administering the affairs of the District, or incurred by the City on the District' s behalf, shall be deemed to be included within " other activities which benefit businesses located and operating within the District," and shall be charged against the Fund. Ord. No. 95- 8, Enacted, 08/ 22/ 95)

Section 3. 52. 080 Modification of District Boundaries, Assessments, Improvements or Activities

Upon recommendation of the Advisory Board, the City Council may modify the

boundaries, the basis or method of assessments, the improvements or activities to be funded by assessments within the District in the manner required by Chapter 4 of the Law, commencing with Section 36540, as amended. Ord. No. 95- 8, Enacted, 08/ 22/ 95)

Section 3. 52. 090 Alternative Procedures for Disestablishment of the District

A. In addition to the procedures for initiating the disestablishment of the District

provided in Chapter 4 of the Law, business owners within the District may initiate disestablishment proceedings in the manner provided by this section.

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B. Owners of businesses within the District who are subject to the assessment may petition the City Council at any time to disestablish the District. If a petition calling for the disestablishment of the District is received by the City Clerk, the petition shall be presented to the City Council at the next available meeting. Upon receiving such a petition, the City Council shall order that the petition be examined against the current business records of the City to determine the number of valid signatures appearing thereon. If the petition is determined to bear the signatures of owners of businesses within the District which have been assessed 50% or more of the total assessments levied within the District for the most recent fiscal year in which assessments have been levied, the City Council shall adopt a resolution of intention to disestablish the District, which resolution shall state the time and date for a public hearing to be held for the purpose of determining whether the district shall be disestablished, and include all other information required by the Law. C. The City Council shall conduct the hearing as provided in its resolution of intention. At the close of the public hearing, the City Council shall determine whether or not to disestablish the District, and if the District is to be disestablished the manner of such disestablishment, as authorized by law. Ord. No. 95- 8, Enacted, 08/ 22/ 95)

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Chapter 3.56

Tobacco Retail License