CITY COUNCIL OF AMADOR CITY DRAFT, REGULAR MEETING AGENDA THURSDAY, 21 November 2024 7:00 PM The agenda for this regular meeting is distributed to the City Council and posted in public locations in Amador City no less than 72 hours prior to the meeting. Any pertinent documents related to Regular Agenda Items will be distributed to Council Members no less than 72 hours prior to the meeting and In-person participation by the publici is welcomed. City Council Meetings will also be broadcast on the Members of the public not attending in-person may submit written comments prior to the meeting by emailing their comment to the City Clerk at yper@emadordhy/com before 11:00. AM on the day of the meeting. Emailed public comments will be distributed to City Council and made part of the official Inc compliance with the Americans with Disabilities Act, individuals may request disability-related accommodations by contacting the City Clerk before 11:00 AM on the Monday before the Council available at City Hall during City Hall hours. City's YouTube channel at: tpshmgouthecom/Pamaderibeaunet record. meeting. City Hall is wheelchair accessible. 1. 2. 3. 4. 5. MEETING CALLED TO ORDER FLAG SALUTE/PLEDGE OF ALLEGIANCE Petra Henry ROLL CALUESTABLISH, A QUORUM Council Members Ambroselli, Bragstad, Sherrill, Kel-Artinian, Staples APPROVAL OF CITY COUNCIL REGULAR MEETING AGENDA 21 Nov 2024 Under provisions of the California Code, citizens wishing to address the Council for any matter not on the agenda may do sO at this time. Comments are limited to five minutes or less. Under provisions of the California Government Code, the City Council cannot take PRESENTATIONS/PROCLAMATIONS/APPOINTMENTS/CORRESPONDENCE Dissolution of ARSA, the transfer of responsibilities of waste water management to PUBLIC COMMENT action unless an urgent need arose after the posting of the agenda. 6. 6A. Presentation, Tom DuBois, City Manager, Sutter Creek the City of Sutter Creek, and implications for Amador City Attachment: Informational Staff Report, City Manager, Sutter Creek 7. CONSENT CALENDAR ITEMS All matters listed under the Consent Calendar are to be considered routine by the City Council and will be enacted by one motion in the form listed. There will be no separate discussion of these items unless, before the City Council votes on the motion to adopt, City Council of Amador City 1 members of the Council, staff or the public request specific items to be removed from the Consent Calendar for separate discussion and action. 7A. Regular Meeting Agenda Minutes of 17 October 24 7B. Financial Report 8. ORDINANCES AND PUBLIC HEARINGS 8A. Proposition 218 Public Hearing: Republic Services (ACES) Proposition 218 notice to Amador City residents Discussion and possible action regarding rate adjustment and proposed multi-year Attachment: Notice of Public Hearing: Proposed Adjustments to Rates for Solid Waste Service Fees 9. REGULAR AGENDA ITEMS Marketing District (ACTMD). Attachments: 9A. Amador Council of Tourism, Kathleen Mahan: Discussion and possible action regarding an endorsement from Amador City of a proposed plan for Amador County Tourism Tourism Marketing District Flyer Amador County Tourism: Marketing District Plan ACTMD petition to businesses Petition to the County Of Amador 9B. Sierra Trails Stewardship (STS), Bradley Booker: Discussion and possible action regarding a request for support for STS's endeavors regarding multimodal travel and recreation in Amador County Attachments: email from Bradley Booker on behalf of STS 9C. Ledger Dispatch and Mountain Merchant newspaper dispensers: Discussion of the move of dispensers to City property. Attachment: Background Report 10. ADMINISTRATIVE REPORTS AND COMMENTS 10A. CITY COUNCIL MEMBERS' REPORTS AND COMMENTS 10B. CITY MANAGER'S REPORT AND COMMENTS 10C. CITY ATTORNEY'S REPORT AND COMMENTS 11. REQUESTS FORI FUTURE AGENDA ITEMS 10D. PERMIT LOG 12. CLOSED SESSION may be called for labor negotiations (pursuant to Government Code $54957.6), personnel matters (pursuant to Government Code $54957), real estate negotationslacqusitions (pursuant to Government Code $54956.8), and/or pending or potential litigation (pursuant to Government Code $54956.9). Following Closed Session City Council will announce any action taken in Open Session. City Council of Amador City 2 12A.Conference with Legal Counsel: Regardingp potential litigation pursuant to paragraph I (4) ofsubdivision (d) of section 54956.9. Presenter: Pat Keene, City Attorney Position: City Administrator 13. RETURN TO OPEN SESSION 13A. Report of Closed Session 12B.Conference regarding personnel matters (pursuant to Government Code $54957). 13B. Employment Agreement: City Administrator: Discussion and possible action regarding approval of employment agreement for city administrator. 13. ADJOURNMENT The next regular S scheduled City Counciln meeting is Thursday, 19December. 2024. at 7:00PM City Council of Amador City 3 6A 18 5403 SUTTER CREEK Ssm JEWEL OF THE MOTHER LODE INFORMATIONALSTAFF REPORT TO: THE HONORABLE MAYOR AND MEMBERS OF THE AMADOR CITY COUNCIL MEETING DATE: NOV21,2024 FROM: SUBJECT. TOM DUBOIS, CITY MANAGER, SUTTER CREEK I WWTP PLANNING UPDATE: Staffhavel held a series of discussions with various experts to start to refine the preferred alternative for a new Sutter Creek Wastewater plant. In addition to aging infrastructure, we are facing decision on disposal and growth. As Council knows, staff are engaged in the dissolution oft the ARSA JPA. As part ofthis dissolution, new contracts are being created with AWA and The City currently has capacity for about 180 additional residential units oft treatment. This includes some old "will serves" as well as past commitments to. Amador City and AWA. The plant has not been running at capacity with several components broken. With fixes and expiration of old will serves, Staff believes we can reclaim enough capacity to continue without running out of capacity until a new plant comes online. However, this depends on the amount of development. Any development will need to pay Amador City. CAPACITY impact fees to help fund future improvements. REGIONAL WATER BOARD The City has been in discussions with the Water board to discuss the limitations of creek discharge (year- round Vs seasonal). Early feedback is, there is no difference in requirements whether year around or seasonal. The process is both technical and political. Sutter Creek must demonstrate to the Water Board Discussions have also centered around the capabilities of the new WWTP to meet future regulatory effluent discharge limitations (phosphates, nutrient levels, nitrogen levels andj possible PFAS (Forever chemicals)). We are currently operating under an old permit, which lets us operate with few constraints. Whether we build a new plant or not, the water board will want to update our operation permit to improve As we plan and design a tertiary treatment WWTP the level of monitoring and sampling willl be increased (vs secondary treatment). The new WWTP will also contain more automation which will aid in these new The water board has requested a water balance from ARSA and all parties involved in the ARSA system (Ione and CDCR, Castle Oaks). Currently the City has partnered with Hydro sciences to update our internal water balance. A group effort is underway to share each individual water balances with the other 18 Main St., Sutter Creek, CA 95685 . Telephone: (209)267-5647 . Fax: (209)267-1655 TTY:711 that it can safely operate at tertiary plant. the quality oft that effluent. requirements. The City of Sutter Creek is an equal opportunity service provider and employer 2/Typet text] members of ARSA (City ofl Ione, Castle Oaks, and CDCR). ARSA's response on the individual water balance is due by the end oft the year DESIGN AND CONSTRUCTION Staffhave met with multiple engineering design and construction firms as well as firms that dol both to Twomain methods of procurement are design-build and the traditional design-bid-build method. The design-build procurement and delivery method provide a public agency with a single point ofcontact for both the design and construction phases oft the project. Unlike the traditional design-bid-build process, the team members collaborate throughout the process to make scope, technology and equipment decisions. Done well, design-build saves time and money, ensuring that the design is buildable with minimal hand-off between companies. Design Build contracts can help ensure that we can complete a The downside of Design-build ist that you are selecting your construction partner at the start of the process. You lose independence oft the designer from the construction firm. And some forms of financing However, as we' ve talked to government agencies, Desing-Build is gaining favor and more and more funding sources are allowing Design-Build. The state revolving fund (SRF) is the largest one that does not currently allow design- build. However, the success rate with SRF is low and it takes 3-5 years to get Once the method of procurement has been established, Staffwill prepare a Request for Proposal (RFP) in the coming months to pick a firm to represent the City in the implementation ofai new WWTP. get insights into cost effectively planning for the new WWTP. project on time and on budget. may be unavailable. funded, SO this may not be an issue forus. We have talked to two large, well-known firms: Burns and McDonald- wwmsdcen Large firm ($7B in annual revenue) that does traditional design-build., Have donc al lot projccts throughout the US. Interested in getting into wastewater construction in California. Traditional firm, minimal help on financing side. Schneider Electric- EPwwAccmANeNV Global firm ($39B in annual revenue), has done several wastewater projects in California already. They appear to be fuller service, helping with lining up financing as well as engineering and construction. We have aiso taiked to Hydrosciences: and Jos West as design only firms. Staff is leaning towards the design-build approach if we are confident, we can assemble the funding. The design-build firms have reviewed our master plans and the recent Carollo reports. They are recommending a modular approach and have made ballpark estimates ofa new plant cost ofl less than $50M. FUNDING DISCUSSIONS: Funding will come from user rates, possible development fees, and a mix ofl loans and grants. Before any firm moves forward with us, it is in both ofinterests to ensure that we can complete the project financially. Some firms are used to working with larger cities that have the stafft to manage the financing independently. Given our small staff, we are seeking a firm that can help us assemble all the pieces. A primary source off funding will be bonding the rate payers' monthly payments. The recent wastewater rates study increases are bondable. The approved increases let al lender know that those funds are certain The City has spoken to iBank (a California government agency that acts like a commercial lending bank) about providing low interest loans for water and wastewater infrastructure projects. They are a promising source - our next step with them is to determine what Sutter Creek's purchasing power is given our current rate study and customers. City staff are currently gathering financial documents to submit to iBank. Their lending criteria will determine how much debt they are willing to fund, and identify the funding gap remaining. Funding could bes secured in as little as 61 months. A borrower's resolution will The City has taken steps to strengthen its financial position significantly. As part oft the. ARSA Dissolution, $650,000 in principal and interest that was disputed was removed from the books, improving our debt capacity. The City has about $578,000 outstanding debt though a USDA loan that was used to The CWSRF planning grant that was allocated to the City has expired and the unused funds are no longer available to us. Staff finished up the final report with Carollo but because of the starts and stops over time, and Carollo's interpretation oft the I&I flow data, a definitive conclusion was not reached. CWSRF staffhavei indicated that the City should reapply but only after the planning has been further defined. The City will reapply but given the current State funding levels it should not be counted on as a funding source in the near future. City staff are currently monitoring other grants (USDA and energy efficiency and resiliency) and will apply for any of these that the criteria is met along with the CWSRF. Wel have talked to three alternative grant monitoring and writing companies. Each had their pros and cons. The City. just signed an agreement with California Consulting to help with grant writing.. Finally, we are evaluating how to handle Sutter Creek Ranch, a new development in the Gold Rush specific plan area. We need a modular approach that will allow growth that can help fund the new wastewater plant, but is nots solely dependent on this projects success in order to fund anything. Firms are recommending modular technology to add capacity, but the core design and construction may require development within Sutter Creek tol be viable. Development in the Gold Rush area could include a Citys staffa also submitted a request to be the preferred wastewater provider to future development in the Wicklow Way area, providing more ratepayers that could fund future development. NEXT STEPS: Int the coming months, the City submitted financial documents to iBank on Nov 14, 2024 to determine our purchasing power. Ifthere assessment is that we can afford the project, early in 2025, we will develop an RFQ to solicit a design-build partner. The selected design firm and the City will determine options for the new WWTP with and without new development. We will continue to update Council as progress is made. The process is quite lengthy. A draft schedule is attached. in the future. be needed from council prior to the application. improve the collection system. combination of construction and cash investment. 18 Main St., Sutter Creek, CA 95685. Telephone: 209)267-5647 . Fax: 20928/485-TIVE7H1 The City of Sutter Creek is an equal opportunity service provider and employer 4 I [Type text] Preliminary Schedule DRAFTONLY Sutter Creek Wastewater Treatment Plant Improvement Project The following is a preliminary schedule for a Design & Construction Project. Once the design/builder has discussed development requirements and timing with the public agency, a firm development schedule will be developed and presented for acceptance. The schedule below is preliminary and subject to change. Item Target Schedule April 2025 April 2025 April 2025 May 2025 May 2025 June 2025 2025 July January 2026 February 2026 2026 July August 2026 January 2027 2027 February March 2027 The Public Agency issue a Request For Qualifications to select an Energy Services March 2025 Company (ESCO)Design-Buld The Public Agency perform interviews with short listed ESCO Design-Build The Public Agency issue Notice of Recommended ESCO Design-Build The Public Agency approve to proceed with ESCO Design-Build Contract at a Public Agency signs Agreement for Turnkey Design and Construction Energy Services authorizing Design/Builder to proceed with design services The Public Agency provides the Designer/Builder with complete utility information, as-built drawings, plant operating data, etc. Desig/Builderand, Public Agency conduct Investment Grade Audit (IGA) Design Design/Builder and Public Agency conduct a mccting for Phasc 1 Design results Desiga/Builderand: Public Agency proceeds with Phase 2 Design The Public Agency selects ESCO Design-Build City Council Meeting Phase 1 Kick-Off Meeting meeting (Preliminary Design report) (30% Desing) meeting (30% Design) (60% Design) final meeting (60% Design) details for the Council package. Desigm/Builder and Public Agency conduct a meeting for Phase 2 Design results Design/Builder and Public Agency proceeds with Phase 3 Design Desiga/Builderand, Public Agency conduct a meeting for Phase 3 Design results Public Agency and Design/Builder complete negotiations of the construction services scope and pricing for the Construction Amendment and iron out all The Public Agency posts public notice 2 weeks prior to Council Meeting of approval going forward with the Construction Phase. at the regularly scheduled board meeting. The Public Agency approves a resolution authorizing the construction amendment March 2027 Construction Amendment is executed and serves as NTP, allowing the Design/Builder to proceed with the Construction Work. The final Design and Construction kick-offmeeting is held to prepare for the April 2027 2027 May June 2027 Construction Phase. Beginning of Construction End of Construction Commissioning & Testing July 2029 October 2029 18 Main St., Sutter Creek, CA 95685 . Telephone: (209)267-5647 . Fax: 2092674655-TT.7H1 The City of Sutter Creek is an equal opportunity service provider and employer 7A CITY COUNCIL OF AMADOR CITY MINUTES, REGULAR MEETING AGENDA THURSDAY, 170CTOBER: 2024 7:00 PM 1. 2. 3. 4. MEETING CALLED' TOORDER FLAGSALUTEPLEDGE OF ALLEGIANCE ROLL CALL/ESTABLISHAQUORUM Council Members Absent: Kel-Artinian Lizzie Groth Council Members Present: Ambroselli, Bragstad, Sherrill, Staples APPROVAL OF CITY COUNCIL REGULAR MEETING. AGENDA 17 OCT 2024 no closed session - strike-through placed on items 12 and 13 Motion to approve with stated changes made by Sherrill, 2nd by Bragstad. Approved unanimously. PUBLIC COMMENT 5. Kat! Leon: - questioned why thel Ledger Dispatch newspaper dispenser, at trashcan, and the MountainMerchant news dispenser were moved to the north side of The Old City Hall building. requested that the windows on the east side of The Old City Hall building be repaired and the building be painted. City administrator will follow through on windows. Painting of City buildings Corinne Moore: requested that the Ledger Dispatch box be moved back to its former location. PRESENTATIONS/PROCLAMATIONS/APPOINTMENTENTS/CORRESPONDENCE Requested this item to be included on the next month's agenda. takes place according to City schedules. 6. 7. CONSENT CALENDARITEMS 7B. Financial Report Yays: Nays: Absent: 7A. Regular Meeting Agendal Minutes of 19 September 2024 Motion to approve Consent Agenda made by Bragstad, 2nd by Sherrill. Ambroselli, Bragstad, Sherrill, Staples 0 Kel-Artinian 8. 9. ORDINANCES AND PUBLIC HEARINGS None REGULAR AGENDAITEMS. 9A. Sewer Pond Motion made to approve request fori improvement to the sewer pond filter system, not to exceed $16,500 estimate, made by Bragstad, 2nd by Ambroselli. Yays: Nays: Absent.Kel-Artinian Ambroselli, Bragstad, Sherrill, Staples 0 9B. Sutter Creek Elementary Motion by Bragstad, 2nd by Sherrill.made that Amador City becomea sponsor at the Gold Level or higher for the 2024 Sutter Creek Elementary School Walk-a-Thon. Yays: Nays: Absent: Ambroselli, Bragstad, Sherrill, Staples 0 Kel-Artinian City Council of Amador City 1 9C. Local Early Action Planning (LEAP)Grant Award Discussion only that Amador City has been awarded $65,0001 for the projects listed in the original grant application in 2023, some ofv which have 9D. Donation to Amador City Motion made by Bragstad, 2nd by Ambroselli, that Amador City establish a Historical Preservation Oversight Committee to make determinations on the acceptance, distribution, and accounting of a $3,500.00 donation for historical preservaton/promoton causes from been completed and can now be reimbursed. Claudine Burnett. Ayes: Nays: Absent: Ambroselli, Bragstad, Sherrill, Staples 0 Kel-Artinian 9E. Motion made by Ambroselli, 2nd by Bragstad to approve Resolution No. 633 regarding priority project for transportation improvement and verification of eligibility for California Transportation Commission's Local Partnership Program. Ayes: Nays: Absent: Ambroselli, Bragstad, Sherrill, Staples 0 Kel-Artinian 10. ADMINISTRATIVE REPORTS AND COMMENTS 10A. CITY MANAGER'S REPORT AND COMMENTS: Groth met with WGA engineers, Frank Whitemore and Larry White, to discuss process of submitting transportation improvement project for Amador City. Discussion included improving Main St/Old Hwy 49 in segments with the initial segment being from the Bridge south toward the City limit since there 10B. CITY ATTORNEY'S REPORT AND COMMENTS: Closed Session needed at the next City Council are fewer considerations for hillside stability or pending infrastructure work. Meeting regarding pending litigation. 10C. CITY COUNCIL MEMBERS' REPORTS AND COMMENTS Ambrosell: 1..gov domain has been established. Next steps include integrating email and updating City Government website. 2. Account has been established with Small Community Clean Water/Wastewater (SCWW). Next steps include investigating grant opportunities and requirements. Discussion: mtg with Dave and Sandy 3. There has been an abandoned car at the south edge of the Culburt Park. Groth will follow- through. 4. Fallen trees weighing on abandoned phone lines (PacBell? ATT?). Groth Street signs in the City are missing and need to be replaced. Staples will survey 1.Safety concern regarding planking at the Pocket Park. Status of supports beneath planking is not known and needs to be determined. 2. Storm drains int the City need cleaning and debris removal before winter rains begin. Options discussed included the County, hiring a someone or a work crew, holding a reported on 1. Sutter Creek Fire Protection District and their operations report on the fire in downtown Sutter Creek; 2. Amador County Recreation Agency (ACRA) board meeting; 3. Bicycle and Pedestrian Advisory Committee holding "field trip" to consider signage for future bike/ped route between Amador City and Sutter Creek; 4. "Women in Government" event presented by American Association of University will ck whether there is an easement. Bragstad: Sherrill: missing signs. community cleanup. Staples: Women (AAUW) this Saturday at Amador High School 10D. PFRMITIOG 11. REQUESTS FOR FUTURE AGENDAI ITEMS Tom DuBois, City Manager of Sutter Creek: Presentation of plans for dissolution of Amador Regional Sanitation Agency; Proposition 218 regarding fee adjustment for ACES; Ledger Dispatch newspaper dispenser; 14. ADJOURNMENT The next regular scheduled City Council meeting is Thursday, 21 November 2024 at 7:00PM City Council of Amador City 3 7B 8A OITS 0E AMADOR OITS JUNE 2. 1915 California CITY OF AMADOR CITY NOTICE OF PUBLIC. HEARING PROPOSED ADJUSTMENTS TO RATES FOR SOLID WASTE SERVICE FEES NOTICE IS HERBY GIVEN that the City of Amador City ("City") will hold a Public Hearing on November 21*, 2024 at 7:00PM in the City Hall, located at 14531 E School Street, Amador City, CA, to consider the adoption of adjustments to the rates for solid waste service fees applicable to the parcel for which you are shown as the record owner or customer ofrecord. The rate adjustment proposed to be imposed on your parcel (or to you as a direct customer) and the The purpose of the hearing is to consider all written protests against the rate adjustments. As the record owner or customer of record of a parcel identified to be subject to the imposition of the proposed rate adjustment, you may submit a written protest against the proposed rate adjustments. However, ift the identified parcel has more than one record owner and/or customer ofrecord, only one written protest will be counted. Each protest must (1) be in writing; (2) state that you are opposed to the specific rate adjustments (for solid waste services); (3) provide the location of the identified parcel (by assessor's parcel number or street address); and (4) include the original signature of the record owner or customer of record submitting the protest. Protests submitted by e-mail, or other electronic means will not be accepted. Oral comments at the public hearing will not qualify as formal protests unless accompanied by a written protest. Written protests may be submitted by mail or hand-delivered to the City Clerk, City of Amador City, P.O. Box 200, Amador City, CA 95601, or in person at the public hearing, SO long as they are received prior to the conclusion oft the public hearing on November 21, 2024. Please identify on the front of the envelope for any protest, whether mailed or submitted in person to the City Clerk, that the enclosed letter is for the public hearing on the solid waste rate adjustment. Ifat the close ofthe public hearing, written protests against the proposèd rate adjustment are not presented by a majority of the record owners or customers of record of the identified parcels upon which they are proposed to be imposed, the City Council may adopt the 2024 proposed rate adjustment to the solid waste service fee, to be effective December 1, 2024. If the Council approves the rate adjustments cap not to exceed 8% for the next three years, the rates will be adjusted annually thereafter each October 1, 2025 up to and through October 1, 2027. basis upon which it was calculated is described in more detail below. (209)267-0682 P.O.BOX2 200 AMADOR CITY, CALIFORNIA 95601 PROPOSED RATE. ADJUSTMENTS The City has awarded a franchise to ACES Waste Services that allows ACES to collect solid waste generated in Amador City from those customers who choose to receive solid waste service. The franchise agreement entitles ACES to receive periodic rate adjustments, calculated based primarily on annual percentage change for the prior calendar year, in the Consumer Price Index (CPI), All Urban Consumers for the San amcisoasimdllywar. CA Metropolitan Area, as determined by the United States Department of Labor Statistics and fees to dispose of ACES has requested an adjustment to the solid waste fees for calendar year 2024, and proposed a three-year adjustment approval for rates not to exceed 8%1 for October 1, 2025 up to and through October 1, 2027. Adjustments for 2025 - 2027 will depend on changes in the disposal and CPI fees during the most recent 12 month period for which they are available. While the City currently maintains a rural exemption waiver from CalRecycle that exempts it from certain statewide organic waste collection requirements, the changes in CPI and increased disposal charged at landfills to meet State mandates are the driving forces for ACES rate changes. The the waste, such as tipping fees, pass-through county and landfill fees. multi-year adjustments are set forth as follows: City of Amador City ACES Solid Waste! Services Proposed Rate Adjustments Current Monthly Proposed Rate Rate (thru 12/1/2024- 11/30/2024) 9/30/2025 28.41 $ 34.14 $ 36.75 $ 44.16 $ 50.53 $ 60.72 $ 249.99 $ 300.42 $ 376.47 $ 452.40 $ 502.30 $ 603.61 $ 753.34 $ 905.28 $ 794.19 $ 954.38 $ Rate Vear 1* New Rate Year 2* New Rate Year 3* 10/1/2025- 9/30/2026 36.87 $ 47.70 $ 65.58 $ 324.45 $ 488.59 $ 651.90 $ 977.71 $ 1,030.73 $ 10/1/2026- 9/30/2027 39.82 $ 51.51 $ 70.83 $ 350.41 $ 527.68 $ 704.05 $ 1,055.92 $ 1,113.19 $ 10/1/2027- 9/30/2028 43.01 55.63 76.49 378.44 569.89 760.37 1,140.40 1,202.24 Residential Services 32-Gallon Weekly Pick-up $ 64-Gallon Weekly Pick-up $ 96-Gallon Weekly Pick-up $ Commercial Service 2-Yard Bin Weekly 3-Yard Bin Weekly 4-Yard Bin Weekly 6-Yard Bin) Weekly 7-Yard Bin Weekly $ $ $ $ $ Not to Exceed 8% * Not to Exceed 8% * Not to Exceed 8% Proposed 4 year duaimenLa/21202446x 9A 9A Attachment 1 Tourism Total TMD Budget WITH TOTI Fundingi js expected to be $300,000 annually Marketing District Admin 10% Reserves 10% Collections 3% ACT will manage the marketing as the DMO fort the region, with its current purpose TMD will direct ACT's marketing campaigns. TMD funding will be kept in a separate account and then pooled with countyTOT TMD will focus on promoting lodging, short- term stays, and mid-week overnights. County TOT funds will be used to promote all tourism in Amador, boosting tourist spending and county revenue. ACT will continue to secure additional funding from the incorporated Cities TOT following the election, as many seats will unchanged. funds. Proposed Smending Ly Category change. ACT TOT FUNDING TMD ACT will be administrator of the' TMD TMD & county TOT combined will allow marketing to make a substantial impact in market awareness County TOT funds are crucial to level the playing field with other DMOS in the region TMD generated funds will bring ACT to 2/3ofthe minimum funding of other California DMOS AAMADOR AMADOR COUNCIL OF TOURISM 9A Attachment 2 2025-2030 AMADOR COUNTY TOURISM MARKETING DISTRICT MANAGEMENT DISTRICT PLAN Prepared, pursuant to the Property and Business Improvement District Law of June 62 2024 1994, Streets and Highways Code section 36600 et. seq. Table of Contents OVERVIEW II. BACKGROUND III. BOUNDARY. A. Annual Service Plan. B. Annual Budget D. Assessment I. IV. ASSESSMENT BUDGET AND SERVICES. California Constitutional Compliance E. Overdue Charges and Interest F. Time and Manner for Collecting Assessments. 10 10 11 OVERNANCE. A. Owners' Association. C. Annual Report.... APPENDIXI-LAW, B. Brown Act and California Public Records Act Compliance 2 APPENDIX2- ASSESSED BUSINESSES. Prepared by Civitas CIVITAS PROGRESS PROSPERITY (800)999-7781 www.civimsadyisors.com I. - - OVERVIEW Developed by Amador County businesses and the Amador Council of Tourism (ACT), the Amador County Tourism Marketing District (ACTMD) is an assessment district proposed to provide specific benefits to payors, by funding marketing and sales promotion efforts for assessed businesses. This approach has been used successfully in other destination areas throughout the country to provide the bencfits of additional room night salcs dircctly to payors. Location: The proposed ACTMD includes all lodging businesses and all short-term rentals, existing: andi in the future, available for public occupancy located within the boundaries oft the County of Amador (County) including the cities of Amador City, Ione,) Jackson, Plymouth, and Sutter Creek and the unincorporated areas oft the County as shown on The ACTMD is designed to provide specific benefits directly to payors by increasing awareness and demand for room night sales. Marketing and sales promotions will increase demand for overnight tourism and market payors as tourist, meeting and event destinations, thercby increasing demand for room night sales. The total ACTMD annual assessment budget for the initial year of its five (5) year operation is anticipated tol be approximately $200,000.. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do The annual assessment rate is two percent (2%) of gross short-term sleeping room rental revenue. Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) corsecutive days; stays by govemment employees on government business; and stays pursuant to contracts executed prior to the formation A third-party collection agency will be responsible for collecting the assessment on a quarterly basis (including any delinquencies, intercst, and overdue charges) from cach The proposed ACTMD will have a five (5) year life, beginningJ January 1, 2025, or as soon as possible thereafter, and ending five (5) years from its start date. After five (5) years, the ACTMD may be renewed pursuant to the Property and Business Improvement District Law of1994, Streets and Highways Code section 36600 et seq. (941 Law) ift business owners support continuing the. ACTMD programs. is charged with managing funds and implementing programs in accordance with this Plan and must provide annual reports to the County Board of Supervisors. the map in Section III. Services: Budget!: and as busincsscs opcn and closc. Cos: oft the ACTMD. Colleclion: Duration: assessed business located in the boundaries oft the ACTMD. Managemen!: The. ACT shall serve: as the ACTMD's Owner's Association. The Owners' Association ACTMD Management District Plan 3 0 tourism districts. TMDs allow tourism business owners to organize their efforts to increase commerce. Business owners within the TMD pay an assessment and those funds are used to provide In California, most TMDs are formed pursuant to the 94 Law. This law allows for the creation ofa benefit assessment district to raise funds within a specific geographic area. Tbe key diference betmeen TMDs and other benefit assessment districts is that fnds raised an retred 10 the private ponpmfit services that increase commerce. corporalion, governing the distric. There are many benefits to TMDs: Funds must be spent on services and improvements that provide a specific benefit only to those who pay; Funds cannot be diverted to general government programs; They are customized to fit the needs of payors in each destination; They are designed, created. and governed by those who will pay the assessment; and They provide a stable, long-term funding source for tourism promotion. They allow for a wide range of services; ACTMD Management District Plan 4 < III. BOUNDARY The ACTMD will include all lodging businesses and short-term rentals, existing and in the future, available for public occupancy within the boundaries of Amador County (County), including the cities of Amador City, Ionc, Jackson, Plymouth, and Sutter Creek and the unincorporated areas of the Lodging business means: any structure, or any portion of any structure, which is occupied or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, bed-and-breakfast house, motel, studio, hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at Short-term rental means: any residential property or portion ofa residential property that is rented to an individual or group for 30 consecutive days or less, as defined in California Government Code County. af fixed location, or other similar structure or portion thercof. section 25132. Amador County Tourism Marketing District EDorado County Sacramehnto County Amador County Amador Ciyot iga Calalveras County Tuolumne County San Joaquin County CIVITAS IV. ASSESSMENT BUDGET AND SERVICES ACTMD Management District Pian 5 Sales and Marketing A sales and markcting program will promotc assessed businesses as tourist, mceting, and event destinations. The sales and markctingprogram willl haveac central theme ofpromoting Amador County as a desirable place for overnight visits. The program will have thc goal of increasing overnight visitation and room night sales at assessed businesses, and may include the following activities: Internet marketing efforts to increase awareness and optimize internet presences to drive Print ads in magazines and newspapers targeted at potential visitors to drive overnight Television ads targeted at potential visitors to drive overnight visitation and room sales to Radio ads targeted at potential visitors to drive overnight visitation and room sales to assessed overnight visitation and room sales to assessed businesses; visitation and room sales to assessed businesses; assessed businesses; businesses; Attendance at trade shows to promote assessed businesses; Sales blitzes for assessed businesses; Familiarization tours of assessed businesses; maps featuring assessèd businesses; Preparation and production of collatcral promotional materials such as brochures, flyers, and Attendance of protessional industry conferences and affiliation events to promote assessed Lead generation activities designed to attract tourists and group events to assessed businesses; Director of Sales and General Manager meetings to plan and coordinate tourism promotion Education ofhospitality staff on service and safety designed to create a visitor experience that Education ofl lodging business management and the ACT on marketing strategies best suited Community organization grants to promote events and activitics that target potential visitors businesses; efforts for assessed businesses; will bring repeat visits to assessed businesses; tomeet assessed business' needs; and todrive overnight visitation and room sales to assessed businesses. Administration and Operations The administration and opcrations portion of the budget shall bc utilized for administrative staffing costs, office costs, and other general administrative costs such as insurance, legal, and accounting fees. A third party collection agency shall be paid a fee equal to three (3%) percent of the amount of Collection Fee assessment collected, to cover its costs of collection and administration. Contingency/Keserve Thel budget includes a contingency line item to account for uncollected assessments, if any. If there are contingency funds collected, they may be held in a reserve fund or utilized for other program, administration or renewal costs at the discretion oft the ACT Board. Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure ofmonies from the reserve fund shall be set by the. ACT Board. Contingency/reserve funds may bes spent on. ACTMDprograms oradministrative: andi renewal costs in such proportions as determined by the ACTB Board. The reserve fund may be used for the costs of renewing the ACTMD. ACTMD Management District Plan 7 MDP_ datex B. Annual Budget The total five (5) year improvement and service plan budget is projected at approximately $200,000 annually, or approximatcly $1,500,000 through 2030. A similar budgct is expected to apply to subsequent years, but this budgeti is expected to fluctuate as room sales do and as busincsses open and close. C. California Constitutional Compliance The ACTMD assessment is not a propertybased assessment subject to the requirements of Proposition 218. Courts have found Proposition 218 limited the term 'assessments' to levies on real property.' Rather, the ACTMD assessment is a business-based assessment, and is subject to Proposition 26. Pursuant to Proposition 26 all levies are a tax unless they fit one of seven exceptions. Two of these exceptions apply to the ACTMD, a "specific benefit" and a "specific govemment service." Both require that the costs of benefits or services do not exceed the reasonable costs to the County of conferring the benefits or providing the services. 1. Specific. Benefit Proposition 26 requires that assessment funds be expended on, "a spccific bencfit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege-"2 The services in this Plan are designed to provide targeted benefits directly to assessed businesses, and are: intended only to provide benefits and services directly to those businesses paying the assessment. These services are tailored not to serve the general public, businesses in general, or parcels ofland, but rather to serve the specific businesses within the. ACTMD. The activities described in this Plan are specifically targeted to increase demand for room night sales for assessed businesses within the boundaries of the ACTMD, and are narrowly tailored. ACTMD funds will be used exclusively to provide the specific benefit ofi increased demand for room night sales direcily lo the assessees. Assessment funds shall not be used to feature non-assessed businesses in ACTMD programs, or to directly generate sales for non-assessed businesses. The activities paid for from assessment revenues are business services constituting and providing specific benefits to the assessed The assessment imposcd by this ACTMD: is for a specific benefit conferred dircctly to the payors that is not provided to those not charged. The specific benefit conferred directly to the payors is an increase in demand for room night sales. The specific benefit of an increase in demand for room night sales for assessed businesses will be provided only to businesses paying the district assessment, with marketing and sales programs promoting businesses paying the ACTMD assessment. The marketingand sales programs will be designed toi increase room night sales at each assessed businesses. Because they are necessary to provide the marketing and sales programs that specifically benefit the assessed businesses, the administration and contingency services also provide the specific benefit of Although the ACTMD, in providing specific benefits to payors, may produce incidental benefits to non-paying businesses, the incidental benefit does not preclude the services from being considereda specific benefit. The legislature has found that, "A specific benefit is not excluded from classification businesses. increased demand for room night sales to the assessed businesses. Jarvis V. the CilyofSan Diego 72 Cal App. 4th 230 2Cal. Const. art XIII CS I(e)(1) ACTMD Management District Plan KMDP_ dater 8 asa 'specific benefit' mercly because an indirect benefit to a nonpayer occurs incidentally and without cost to the payor as a consequence of providing the specific benefit to the payor."s The assessment may also be utilized to provide, "a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product." The legislature has recognized that marketing and promotions services like those to be provided by the ACTMD are government services within the meaning of Proposition 265. Further, the legislature has determined that "a specific government service is not excluded from classification as a 'specific government service' merely because an indirect benefit to a nonpayer occurs incidentally and without cost to the payor as a consequence of providing the specific government service to the payor."6 2. Specific Government Service 3. Reasonable Cost ACTMD services will be implemented carefully to ensure they do not exceed the reasonable cost of such services. The full amount assessed willl bc used toj provide the scrvices described herein. Funds will be managed by the ACT, and reports submitted on an annual basis to the County. Only assessed businesses will be featuredi in marketing materials, receive salcs leads gencrated from ACTMD-funded activities, be featured in advertising campaigns, and benefit from other ACTMD-funded services. Non-assessed businesses will not receive these, nor any other, ACTMD-funded services and1 benefits. The. ACTMD-funded programs are all targeted directly at and feature only assessed businesses. Itis, howèvèr, possible that thère will bè à spill ovèr benefit to non-assèssed businessès. Ifnon-assessed businesses receive incremental room nights, that portion of the promotion or program generating those room nights shall be paid with non-ACTMD funds. ACTMD funds shall only be spent to benefit the assessed businesses, and shall not be spent on that portion of any program which directly The annual assessment rate is two percent (2%) of gross short-term slecping room rental revenue. Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days; stays by government cmployccs on government business; and stays pursuant to The assessment was calculated based on the total cost oft the activities to be provided for the benefit oft the businesses within the ACTMD with costs allocated based on the proportional benefit conferred toeach business. Activities funded' by the ACTMD, are specifically targeted to increase room nights at assessed businesses. All room night sales do not represent the same benefit to the payors. For example, al higher priced room night is of greater benefit than a lower priced room night because the assessee derives greater revenue. Toaccount for this benefit differential and to make suret the benefits are proportional, an assessment formula based on a percentage of revenue has been selected. The proposed formula accurately reflects greater benefit to assessed businesses with higher priced room generates incidental room: nights for non-assessed businesses. D. Assessment contracts executed prior to the formation of the ACTMD. nights. Government Code $ 53758(a) Cal. Const. art XIII CS I(e)(2) Govcmment Codc $5 53758(b) ( Government Code $5 53758(b) ACTMD Management! District Plan K