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  <MDP_dater    II. BACKGROUND  TMDsarean evolution of thet traditional Business Improvement: District. The first TMD was formed inv West Hollywood, California in 1989. Since then, over 100 California destinations have followed suit. In recent years, other states have begun adopting the California model - Massachusetts, Montana, South Dakota, Washington, Colorado, Texas and Louisiana have adopted TID laws. Several others states are in the process of: adopting their ownl legislation. The cities of Wichita, Kansas and Newark, New Jersey used an existing business improvement district law to forma TMD. Additionally, some cities, like Portland, Oregon and Memphis, Tennesseel chaveutilized  their home rule powers to create TMDs without a state law.  California's TMDs collectively raise over $300 million annually for local competitors raising their budgets, and increasing rivalry for visitor dollars, it is important that Amador County lodging businesses and short-term rentals continue to invest in stable, commerce-specific marketing programs. TMDs utilize the efficiencies of private sector operation in the market-based promotion of  Number of Districts Operating in  California  destination  marketing. With  120 100 80 60 40  99 1Dalioli3 88  > 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  <<MDP_date>    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  <MDP_date    A. Annual Service Plan  Assessment funds will bes spent to provide specific benefits conferred or privileges granted directly to the payors that are not provided to those not charged, and which do not exceed the reasonable cost to the County of conferring the benefits or granting the privileges. The privileges and services provided with the ACTMD funds are sales and marketing programs available only to assessed A service plan assessment budget has been developed to deliver services that benefit the assessed businesses. A detailed annual assessment budget will be developed and approved by the ACT. The chart below llustrates the initial annual assessment budget allocations. These activities and allocations will also apply in subsequent years. The total initial assessment budget is $200,000.  businesses.  Initial Annual Assessment Budget -$ $200,000  Administration & Operations, $20,000,10%  CollectionFee, $6,000,3%  Sales and Marketing, $154,000, 77%  Contingency/Reserve, $20,000,10%  Although actual revenues will fluctuate due to market conditions, the proportional allocations of the budget shall remain the same. However, the County and the ACT Board shall have the authority to adjust budget allocations between the categories by no more than fifteen percent (15%) of the total budget per year. A description of the proposed improvements and activities for the initial year of operation is below. The same activities are proposed for subsequent years. In the event ofa legal challenge against the ACTMD, any and all assessment funds may be used for the costs of defending the ACTMD. In the first year of operation, the costs of creating the ACTMD may be repaid by deducting repayment funds proportionally from budget categories. Repayment costs shall not exceed Each budget category includes all costs related to providing that service. For example, the sales and marketing budget includes the cost of staff lime dedicated lo overseeing and implementing the sales and marketing program. Staff time dedicated purely to administrative tasks is allocated to the administrative portion of the budget. The costs of an individual staff member may be allocated to multiple budget categories. The staffing levels necessary to provide the services below will be    determined by the ACT on an as- needed basis. ACTMD Management District Plan  6  K<MDP_date>    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<MDP_ _dater  9    The term "gross short-term sleeping room rental revenue" as used hercin mcans: the consideration charged, whether or not received, for the occupancy ofs spacci in al hotel or short term rental, valued in money, whether tol be received in moncy,goods, labor or otherwisc, including all receipts, cash, credits, and property and services of any kind or nature, without any deduction therefrom whatsoever. Gross short-term slceping room rental revenuc shall not include any federal, state or local taxes collccted, The assessment is levied upon and a direct obligation oft the assessed lodging business or short-term rental. However, the assessed lodging business or short-term rental may, at its discretion, pass the assessment on to transients. The amount of assessment, if passed on to each transient, shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. If the ACTMD assessment is identified separately it shall be disclosed as the "ACTMD Assessment." As an alternative, the disclosure may include the amount of the ACTMD assessment and the amount of the assessment imposed pursuant to the California Tourism Marketing Act, Government Code $13995 et seq. and shall bc disclosed as the "Tourism Asscssment." The assessment is imposed solcly upon, and is thes sole obligation of the assessed business even ifitisp passed on to transients. The assessment  including but not limited to transient occupancy taxes.  shall not be considered revenue for the calculation of transient occupancy taxes.  Bonds shall not be issued.  E. Overdue Charges and Interest  The ACTMD shall reimburse the third-party collection agency for any costs associated with collecting unpaid assessments. If sums in excess of the delinquent ACTMD assessment are sought to be recovered in the same collection action by the third-party collection agency, the ACTMD shall bear its pro rata share of such collection costs. Assessed businesses which are delinquent in paying the  assessment shall be responsible for paying: 1. Original Delinquency 2. Continued Delinquengy 3. Fraud 4. Inlerest  F.Time and Manner for Collecting Assessments  The ACIMD assessment will be implemented beginning January 1, 2025, or as soon as possible thereafter, and shall continue for five (5) years. A third-party collection agency will be responsible for collecting the assessment on a quarterly basis (including any delinquencies, interest, and overdue charges) from each assessed business. The third-party agency may take all: reasonable efforts to collect the assessments from each assessed business. The third-party agency may forward the assessments  collected to the Owners' Association.  ACTMD Management District Plan  10  <MDP_dater    OVERNANCE A. Owners' Association  The County through adoption of this Plan, has the right, pursuant to Streets and Highways Code $36651, toi identify the body that shall implement the proposed program, which shall be the Owners' Association of the ACTMD as defined in Streets and Highways Code $36612. The County has determined that the ACT will serve as the Owners' Association for the. ACTMD. B. Brown Act and California Public Records Act Compliance An Owners' Association is aj private entity and may not be considered aj public entity for any purpose, nor may its board members or staffbe considered to be public officials for any purpose. The Owners' Association is, however, subject to government: regulations relating to transparency, namely the Ralph M. Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners' Association acts as a legislative body under the Ralph M. Brown Act (Government Code $54950 et seq,). Thus, meetings of the ACT Board and certain committees must be held in compliance with the public notice and other requirements of the Brown Act. Accordingly, the Owners' Association shall publicly report any action taken and the vote or abstention on that action of each member present for the action. The Owners' Association is also subject to the record keeping and disclosure requirements of the California Public Records Act.  C. Annual Report  The ACT shall present an annual report at the end of each year of operation to the County pursuant to Streets and Ilighways Code $36650 (see Appendix 1). The annual report shall include: Any proposed changes in the boundaries of the improvement district or in any benefit zones An estimate oft the cost of providing the improvements and the activities for that fiscal year. The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for The estimated amount of any surplus or deficit revenues to be carried over from aj previous The estimated amount of any contributions to be made from sources other than assessments  or classification of businesses within the district.  Thei improvements and activities to be provided for that fiscal year.  that fiscal year. fiscal year.  levied pursuant to this part.  ACTMD Management District Plan  11  <MDP_dater    APPENDIXI-LAW  ***THIS DOCUMENT IS CURRENT THROUGH THE: 2023 EXTRA SESSION CH 1, 2023 REGULAR  SESSION CH. 890*** ALL20ELEGISLATION) STREETS AND HIGHWAYS CODE DIVISION 18. PARKING CHAPTER 1. General Provisions ARTICLE 1. Declarations  PART7.PROPERTY, AND BUSINESS IMPROVEMENT DISTRICTI LAW OF1 1994  36600. Citation of part  This part shall be known and may be cited as the "Property and Business Improvement District Law of 1994."  36601. Legislative findings and declarations; Legislative guidance Thel Legislature finds and declares all ofthe following:  (a) Businesses located and operating within business districts ins some ofthis state's communities are economically disadvantaged, are underutilized, and are unable to attract customers due toi inadequate (b) Itisin the public interest toj promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion oft the business districts. (c) Itis of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy ofassessments upon the businesses or real property that (d) Asscssmcnts lcvicd for thc purposc of confcrring spccial bencfit upon thc rcal propcrty or a spccific benefit upon the businesses in a business district are not taxes for the general benefit ofa city, eveni if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this statc have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses (1) Crime reduction.. A study by the Rand Corporation has confirmeda 12-percent reduction in thei incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within  facilities, services, and activities in the business districts.  receive benefits from thosei improvements.  more useful by providing the following benefits: the 30 districts studied. (2) Job creation. (3) Business attraction. (4) Business retention. (5) Economic growth. (6) Newi investments.  (f) With the dissolution ofr redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment ofthis act, the people ofCalifornia have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIII D ofthe Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amending this section isi intended to provide thel Legislature's guidançe withi regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination ofs special (I) The lack of legislative guidance has resulted in uncertainty andi inconsistent application ofthis act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property.  benefits in property-based districts.  ACTMD Management District Plan  12  <MDP_daten    (2) Activitics undertaken for thep purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed. Therefore, for spccial benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects oft those special benefits arei inherently part of those special bencfits. Ther merc factt that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion oft those special benefits or (3) Itis oft the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessments they may levy and thep proper determination ofspecial benefits. Legislative clarity with regard tot thisa act will provide districts with cleari instructions and courts with legislative intent regarding restrictions on property-baseda assessments, and the manner  their incidental or collateral effects into general benefits.  in which special benefits should be determined.  36602. Purpose of part  The purpose ofthis parti is tos supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and arc determined and assessed in accordance with the guidance set forthi in this act. This part does not affect or limit any other provisions ofl law authorizing or providing for the furishing of 36603. Preemption of authority or charter city to adopt ordinances levying assessments Nothing int thisp parti isi intendedt to preempt thea authority ofac charter city to adopt ordinances providing fora different method ofl levying assessments fors similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant tot this part is expressly exempt from thep provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with  improvements or activities or the raising ofrevenue for these purposes.  Section 2800)).  36603.5 Part prevails over conflicting provisions ast to districts created under this part. 36604. Severability  Any provision ofthis part that conflicts with any other provision ofl laws shall prevail over the other provision ofi law,  This parti isi intendedt tol be construed liberally and, ifany provision is heldi invalid, the remaining provisions shall  remaini in full force ande effect. Assessments levied under this part are not special taxes.  ARTICLE2. Definitions  36606. "Activities"  "Activities" means, buti is not limited to, all oft the following that benefit businesses or real property in the district:  (a) Promotion ofp public events. (b) Furnishing oft music in any public place. (c) Promotion oft tourism withint the district.  (d) Marketing ande economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street ands sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (I) Other services provided fort the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses locatedi in the district.  36606.5. "Assessment" business improvement district. ACTMD Management District Plan <MDP_daten  "Assessment" means al levy for the purpose ofa acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain bencfits to properties or businesses located withina a property and  13    36607. "Business" 36608. "City"  "Business" means all typesofbusinesses: andi includes financial institutions andy professions.  "City" means a city, county, city and county, or an agency or entity created pursuant to Article I (commencing with Section 6500) of Chapter 5ofl Division 7ofTitle loft the Government Code, the public member agencies of which  includes only cities, counties, orac city and county, ort the State of Califoria.  36609. "City council"  "City council" means the city council ofac city or thel board of supervisors ofa county, ort the agency, commission, or board created pursuant to aj joint powers agreement and whichi isa a city within the meaning of this part.  36609.4. "Clerk"  "Clerk" mcans thc clerk oft the legislative body. 36609.5. "General benefit" delined in Section 36615.5. 36610. "Improvement"  "Gencral bencfit" mcans, for purposes ofap property-bascd district, any bencfit thati is not a' "spccial benefit" as  "Improvement" means the acquisition, construction, installation, or maintenance of any tangible property with an  estimated useful life of fivey years or more including, but not limitedt to, the following: (b) Benches, booths, kiosks, display cases, pedestrian shelters ands signs.  (a) Parking facilities. (c) Trash receptacles andp public restrooms. (d) Lighting and heating facilities. (e) Decorations. () Parks. (g) Fountains. (h) Planting areas.  () Closing, opening, widening, or narrowing of existing streets. (k) Ramps, sidcwalks, plazas, and pedestrian malls. (I) Rchabilitation or removal ofexisting structures.  () Facilities or equipment, or both, to enhance security ofp persons and property within the district.  36611. "Management district plan"; "Plan" 36612. "Owners' association"  "Management district plan" or "plan" means a proposal as defined in Section 36622.  "Owners' association" means ap private nonprofit entity thati is under contract withac city to administer ori implement improvements, maintenance, and activities specified int the management district plan. An owners' association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners' association isaj private entity and may not be considered: ap public entity for any purpose, nor may its board members or staffbe considered to be public officials for any purpose. Notwithstanding this section, an owners' association shall comply with the Ralph M. Brown. Act (Chapter 9 (commencing with Section 54950)o of Part 1c ofDivision 20 ofTitle 5oft the Government Code), at allt times when matters within the: subject matter ofthe district are heard, discussed, or deliberated, and with the California Public Records Act (Division 10 (commencing with Scction 7920.000) ofTitlclofthe  Government Code), fora all records relating to activities oft the district.  36614. "Property" <MDP_daten  ACTMD Management District Plan  14    "Property" means real property situated within a district. 36614.5. "Property and business improvement distric";"District"  "Property and business improvement district,"or" "district,"r means a property and business improvement district  established pursuant to this part. 36614.6. "Property-based assessment" 36614.7. "Property-based district"  Property-based assessment" means any assessment made pursuant to this part upon real property. Property-based district" means any district in which a city levies a property-based assessment.  36615. "Property owner"; "Business owner"; "Owner"  "Property owner" means any person shown ast the owner of land on the last equalized assessment roll or otherwisc known to be the owner of land by the city council. "Business owner" means any person recognized by the city as the owner of the business. "Owner" means cither al business owner or a property owner." The city council has no obligation to obtain other information as to the ownership ofland or businesses, andi its determination of ownership shall bc final and conclusive for thc purposes of this part. Wherever this part requires the signature ofthe property owner, the signature of the authorized agent oft the property owner shall be sufficient. Wherever this part requires the signature oft the business owner, the signature oft the authorized agent oft the business owner shall be sufficient. (a) "Special benefit" means, for purposes ofa property-based district, a particular and distinct benefit over and above general benefits conferred on real property locatedi in a district or tot the public at large. Special benefit includes incidental or collateral effects that arise from thei improvements, maintenance, or activities of property- based districts even ifthose incidental or collateral effects benefit property or persons not assessed. Special benefit (b) "Special benefit" also includes, for purposes ofa property-based district, a particular and distinct benefit provided directly to each assessed parcel within the district. Merely because parcels throughout an assessment  36615.5. "Special benefit" [Effective January 1,2023]  excludes general enhancement of property value.  district share the same special benefits does not make the benefits general.  36616. "Tenant"  "Tenant" means an occupant pursuant to al lease of commercial space ora dwelling unit, other than an owner. 36617. Alternate method of financing certain improvements and activities; Effect on other provisions This part provides an alternative method of financing certaini improvements and activities. The provisions ofthis part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising ofrevenue for these purposes. Every improvement: area established pursuant to the Parking andl Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) oft this division)is  ARTICLE31 Prior Law  valid and effective andi is unaffected by this part.  CHAPTER2. Establishment  36620. Establishment of property and business improvement district  Aj property and business improvement district may be established as providedi in this chapter.  36620.5. Requirement of consent of city council ACTMD Management District Plan  15  K<MDP_ dater    A county may not form ac district within thet territorial jurisdiction ofa city without the consent oft the city council of that city. A city may not form a district within thc unincorporated territory ofa county without the consent ofthe board ofs supervisors oft that county. A city may not form a district within the territorial jurisdiction of another city 36621. Initiation of proceedings; Petition of property or business owners in proposed district  without thec consent oft the city council oft the other city.  (a) Upon the submission ofa written petition, signed by the property or business owners in the proposcd district who will pay more than 50 percent oft the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption ofa resolution expressing its intention to form a district. The amount of assessment attributable to property or a business owned by the same property or business owner that isi in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay (b) The petition of property or business owners required under subdivision (a)s shall include a summary of (2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon (c) The resolution of intention described in subdivision (a)s shall contain all of the following: (1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment willl be levied on property or businesses within the district, a statement as to whether bonds will bei issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or mapi thati is on file with the clerk. The descriptions and statements do not need to be detailed and shall bc suffiçicnt ifthcy cnabic an owncr to gencrally identify thc naturc and cxtcnt ofthc improvements, maintenance, and activities, and the location and extent ofthe proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district andt the levy ofassessments, which shall be consistent with the requirements  more than 50j percent oft the total amount ofa assessments proposed to be levied. the management district plan. That summary shall include all ofthe following: (1) A map showing the boundaries of the district.  request.  ofSection 36623.  36622. Contents of management district plan  The management district plan shall include, but is not limited to, all oft the following:  (a) Ifthe assessment will be levicd on property, a map oft the district in sufficient detail tol locate cach parcel of property and, ifbusinesses are tol be assessed, each business within the district. Ifthe assessment will bc levied on! businesses, a map that identifics the district boundarics in sufficient dctail to allowa business owner to reasonably determine whether a business is located within the district boundaries. Ifthe assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property andt to allow al business owner to reasonably determine whether al business is located (c) A description ofthe boundaries oft the district, including the boundaries ofbenefit zones, proposed for establishment or extension in a manner sufficient toi identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries ofa proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries ofa district created pursuant tot this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Areal Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries ofa business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries ofal business assessment district created pursuant to this part to overlap with ap property asscssment district created pursuant to this part. (d) Thei improvements, maintenance, and activities proposed for each year of operation of the district and the estimated cost thereof. Ifthei improvements, maintenancc, and activities proposed for cach year of operation are the same, a description of the first year'sp proposed improvements, maintenance, and activities  within the district boundaries. (b) The name of the proposed district.  ACTMD Management District Plan  16  KMDP_ dater    and a statement that the samc improvements, maintenance, and activities are proposed for subsequent years (e) The total annual amount proposed to bc expended fori improvements, maintenance, or activities, and debt service in each year of operation of the district. Ifthea assessment is levied on businesses, this amount may be cstimated based upon the assessment rate. Ifthe total annual amount proposed to be expendedi in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that as similar amount applies to subsequent years shall satisfy the () The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount ofthe assessment tol be levied against their property or business. The plan also shall state whether bonds will be (h) The specific number ofyearsi in which assessments willl be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have at term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity ofthe bonds. The management district plan may set forths specific increascs in assessments for each ycar ofoperation oft the district. (i) The proposed time for implementation and completion ofther management district plan. () Any proposed rules and regulations to be applicable to the district.  shall satisfy the requirements oft this subdivision.  requirements oft this subdivision. issued to finance improvements.  (B) The timé àndr manner of collecting the assessments.  (k)  (I) A list of the properties or businesses to be assessed, including the assessor's parcel numbers for properties to be assessed, and a statement oft the method or methods by which the expenses ofa district will bei imposed upon benefited real property or businesses, inj proportion to the benefit (2) Inay property-based district, the proportionate special benefit derived by eachi identified parcel shall be determined exclusively in relationship to the entirety ofthe capital cost ofaj public improvement, the maintenance and operation expenses ofa publici improvement, or the cost ofthe activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, ifany, from the special benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collatcral effects that arise from the improvements, maintenance, or activitics ofa property- based district and that benefit property or persons not assessed shall not be deducted from the cntircty of the cost of any spccial bencfit or affect the proportionate special benefit derived by (3) Ins a property-based district, properties throughout the district may share the same special benefits. In a district with boundaries that define which parcels are to receive improvements, maintenance, or activitics over and above those services providedby the city, thei improvements, maintenance, or activities themselves may constitute a special benefit. The city may impose assessments that are lesst than the proportional special benefit conferred, but shall not impose assessments that exceed the reasonable costs of the proportional special benefit conferred. Because one or more parcels pay less than the special benefit conferred does not necessarily mean that other parcels are assessed more than the reasonable cost of their special benefit. () Inap property-based district, a detailed engineer's report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated! by the management district (m) Any otheri item or matter required to bei incorporated thercin by the city council.  received by the property or business, to defray the cost thereof.  each identified parcel.  plan.  36623. Procedure to levy assessment  (a) Ifa city council proposes to levy a new or increased property assessment, the notice and protest and (b) Ifa city council proposes to levy a new ori increased business assessment, the notice and protest and hcaring procedurc shall comply with Section 54954.6oft the Government Code, except that notice shall be  hearing procedure shall comply with Section 53753 ofthe Government Code.  ACTMD Management District Plan  17  <<MDP_ dater    mailedt tot thc owners of the businesses proposed to! be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed witht the clerk at or before the time fixed for the public! hearing. The city council may waive anyi irregularity in thc form or content ofa any written protest. A written protest may be withdrawn in writing at any time before the conclusion of't the public hearing. Each written protest shall contain a description oft the business in which the person subscribing the protest isi interested: sufficient toi identify the business and, ifa person subscribing is not shown ont the official records oft the city as the owner oft the business, the protest shall contain or be accompanied by written evidence that the person: subscribingi ist the owner oft the business ort the authorized representative. A written protest that does not comply with thiss section shall not be countedi in determining a majority protest. Ifwritten protests are received from the owners or authorized: representatives of businesses in the proposed district that will pay 50 percent orr more oft the assessments proposed tol be levied and protests are not withdrawn so as tor reduce the protests tol lesst than 50 percent, no further proceedings tol levy the proposed assessment against such businesses, as contained in the resolution ofi intention, shall bet taken for a period of (c) Ifa city council proposes to conduct a single proceeding tol levy both a new ori increased property assessment anda a new ori increased business assessment, the notice and protest and! hearing procedure for the property assessment: shall comply withs subdivision (a), and the notice and protest and! hearing procedure for the business assessment shall comply withs subdivision (b). Ifai majority protest is reccived from cither the property or business owners, thatr respective portion oft the: assessment shall not be levied. The remaining portion oft thes assessment may be levied unless the improvement or other special benefit was  oney year from the date oft the finding ofar majority protest by the city council.  proposed tol be funded by assessing both property and business owners.  36624. Changes to proposed assessments  Att the conclusion oft thep public hearing to establish the district, the city council may adopl, revise, change, reduce, or modify thep proposed assessment ort the type or types ofi improvements, maintenance, and activities to be funded with the revenues from the: assessments. Proposed assessments. may only ber revised by reducing any or all oft them. At the publicl hearing, the city counçil may only make changes in, to, or from the boundaries oft the proposed property and businessi improvement district that wille excludet territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district  shall he reflected in the notice andi map recorded pursuant to Section 36627.  36625. Resolution of formation  (a) Ifthe city council, following the public! hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but isi not (1) A brief description oft the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement: as to whether the assessment willl be levied on property, businesses, or both within the district, as statement on whether bonds will be issued, anda description oft the exterior boundaries of the proposed district, which may be made by relerence to any plan or mapt thati is on filey with the clerk. The descriptions and statements needi not be detailed and shall be: sufficient iftheye enable and owner to generallyi identify the nature and extent of the improvements, maintenance, and activities andt the location and extent oft the proposed district. (2) Ther number, date of adoption, andt title oft the resolution ofi intention. (3) Thet time andj place wheret thej public hearing was held concerning the establishment ofthe (4) A determination regarding any protests received. The city shall not establish the district or (5) As statement that the properties, businesses, or properties and businesses in the district established byt the resolution shall bes subject to any amendments to this part. (6) A statement that thei improvements, maintenance, and: activities to be conferred on businesses and properties int the district willl be funded by thel levy of the assessments. The revenue from the levy of assessments withina a district shall not be usedt to provide improvements, maintenance, or activitics outside the district or for any purposc othert than the purposcs spccified in thc resolution ofi intention, as modified! by the city council at the hearing concerning establishment ofthe district. Notwithstanding the foregoing, improvements: and activitics that must be provided outside the  limited to, all ofthe following:  district.  levy assessments ifar majority protest was received.  ACTMD Management District Plan  18  <MDP_dater    district boundaries to createa as special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited tor marketing or signage pointing tot the district. (7) A finding thatt thep property or businesses within the area of the property and business improvement district will be benefited by thei improvements, maintenance, and activities funded by the proposed assessments, and, for aj property-based district, that property within the district (8) Inap property-based district, thet total amount of all special benefits tol be conferred on the (b) Thes adoption ofthe resolution of formation and, ifrequired, recordation of ther notice andi mapi pursuant to Section 36627 shall constitute the! levy of an assessment in each oft the fiscal years referred toi in the  will receive a special benefit. properties within thep property-based district.  management district plan. 36627. Notice and assessment diagram  Following adoption oft the resolution establishing district assessments on properties pursuant to Section 36625, the clerk shall recorda a notice and an assessment diagram pursuant to Section 3114.1 No other provision ofDivision 4.5 (commencing with Section: 3100) applies to ana assessment district created pursuant tot this part. 36628. Establishment ofs separate benefit zones within district; Categories of businesses Thec city council may establish one or more: separate benefit zones within the district based upont the degree of benefit derived from thei improvements or activities to be provided within theb benefit zone and mayi impose: a different assessment within each benefit zone. Ifthe assessment ist to be levied on businesses, the city council may also define categories oft businesses based upont the degree oft benefit that each will derive from the improvements or activitiest tob be provided within the district andr mayi impose a different assessment or rate of assessment on each  category ofbusiness, or on cach category oft business within each zone. 36628.5. Assessments on businesses or property owners  The city council may levy assessments on businesses or on property owners, ora combination of the two, pursuant tot this part. The city council shalls structure the assessments in whatever manner it determines corresponds with the distribution oft benefits from the proposed improvements, maintenance, and activities, provided that any property- based assessment conforms with the requirements set forth inj pangaphQofsubdiwisiom (k) of Section 36622. 36629. Provisions and procedures applicable tol benefit: zones and business categories All provisions ofthis part applicable to the cstablishment, modification, or disestablishment ofap property and businessi improvement district apply to the establishment, modification, or disestablishment of benefit zones or catcgories oft business. The city council shall, to establish, modify, or disestablish al benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district. Ifap property and! business improvement district expires duet to the time limit set pursuant to subdivision (h)of Section: 36622, a new management district plan may be created and the district may ber renewed pursuant to this part.  36630. Expiration of district; Creation of new district  CHAPTER3: Assessments  36631. Time and manner ofcollection ofassessments; Delinquent payments  Thec collection oft the assessments levied pursuant tot this part shall be made at the time andi in the manner set forth by thec city council int the resolution! levying the assessment.. Asscssments levicd ont real property may bc collccted at the same time andi in thes same manner as for the ad valorem property tax, andr may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this partr may be 36632. Assessments tol bel based on estimated benefit; Classification of real property and businesses;  charged interest and penaltics.  Exclusion ofr residential and agricultural property ACTMD Management District Plan  19  <MDP_date    (a) The assessments levied on real property pursuant to this part shall be levied on the basis of the cstimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements (b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property. and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of thei improvements and (c) Properties zoned solely for residential use, or that are: zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall  and activitics provided pursuant to this part. activities provided pursuant to this part. not be subject to any assessment pursuant to this part. 36633. Time for contesting validity of: assessment  The validity ofan assessment levied under this part shall not be contested in an action or proceeding unless the action or proceeding is commençed within 30 days after the resolution levying the assessment is adopted pursuant to Section 36625. An appcal from a final judgment in an action or proceeding shall be perfected within 30 days after  thee entry ofjudgment.  36634. Service contracts authorized to establish levels ofcity services continue after: ap property and business improvement district has been formed. 36635. Request to modify management district plan  Thc city council may cxccutc basclinc scrvicc contracts that would cstablish lcvcis of city scrviccs that would  The owners' association may, at any time, request that the city council modify the management district plan. Any 36636. Modification of plan by resolution after public hearing; Adoption of the resolution ofi intention (a) Upon the written request oft the owners' association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify thei improvements and activities to be funded with the revenue derived from thel levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. ifthe modification includes the levy ofar new ori increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section (1) The resolution ofi intention shall be published in a newspaper of general circulation in the city (2) A complete copy of the resolution ofi intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed (b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be heldi not more than 90 days after the  modification oft the management district plan shall ber made pursuant to this chapter.  shall comply with both oft the following:  once at least seven days before the public hearing.  modification,  adoption oft the resolution ofi intention.  36637. Reflection of modification in notices recorded and maps  Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant tol Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627. 36638. Assessment as government improvised fee on CivCS 1770 transaction [Operative July 1,2024] (a) A business assessment pursuant tot this part isal fee imposed by a government on the transaction for purposes of paragraph (29) of subdivision (a) of Scction 1770 oft the Civil Code. (b) This section shall become operative on. July 1,2024.  ACTMD Management District Plan  20  MDP_dater    CHAPTER: 3.5 Financing  36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments  (a) The city council may, by resolution, determine and declare that bonds shall bei issued to finance the estimated cost ofs some or all of the proposed improvements described in the resolution oft formation adopted pursuant to Section: 36625, ifthe resolution of formation adopted pursuant to that section provides fort thei issuance oft bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) ori in conjunction with Marks-Roos Local Bond Pooling Act of 1985(Article4 (commencing with Section 6584)ofChapter. 50 of Division 7ofTitle 1of the Government Code). Either act, ast the case may be, shall govern the proceedings relating to thei issuance ofbonds, although proceedings under the Bond Act of1915 may be modified by the city council as necessary to accommodate (b) Ther resolution adopted pursuant to subdivision (a)s shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section: 36625, set forth the estimated cost of those improvements, specify ther number of annual installments andt the fiscal years during which they are tob bc collccted. The: amount ofdebts service to retiret the bonds shall not exceed the amount ofrevenue (c) Notwithstanding any other provision ofthis part, assessments levied toj pay the principal and interest on any bondi issued pursuant tot this section shall not be reduced or terminatedi ifdoing SO wouldi interfere with  assessments levied upon business pursuant Wo this part.  estimatedi to be raised from assessments over. 30 years.  thet timely retirement oft thec debt.  CHAPTER 4. Governance  36650. Report by owners' association; Approval or modification by city council  (a) The owners' association shall cause tol be prepared ar report for each fiscal year, except the first year, for which assessments are tol be levied and collected to pay the costs oft the improvements, maintenance, and activities described int the report." The owners' association's first report shall be due after the first year ofoperation oft the district." The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, thel basis and method oflevyingt the assessments, anda any changes int the classification ofp property, including any (b) The report shall be filed witht the clerk and: shall refer to thc property and businessi improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall (1) Any proposed changes in thel boundaries oft thep property and business improvement district or ins any benefit zones or classification of property or busincsses within the district. (2) Thei improvements, maintenance, and activities to bej provided fort that fiscal year. (3) An estimate oft the cost of providing thei improvements, maintenance, and activities for that (4) Ther method: and basis ofl levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount oft the assessment to be levied against (5) The estimated: amount of any surplus or deficit revenues to be carried over from aj previous (6) The estimated amount ofa any contributions to be made from sources other than assessments (c) The city council may approve ther report as filed by the owners' association or may modify any particular contained int the report anda approve it as modified.. Any modification shall be made pursuant to Thec city council shall not approve: a change in the basis andr method ofl levying assessments that would impair an authorized ore executed contract tol be paid from the revenues derived from the levy of assessments, including any commitment to pay principal andi interest on any bonds issued on bchalfofthe  categories ofbusiness,i ifa classification is used. contain all oft the followingi information:  fiscal year.  his or her property or business for that fiscal year.  fiscal year. levied pursuant to this part. Sections 36635 and: 36636.  district.  36651. Designation ofo owners' association to provide improvements, maintenance, and activities  ACTMD Management District Plan  21  K<MDP_ dater    The management district plan may, buti is not required to, state that an owners' association will provide the improvements, maintenance, and: activitics described in thei management district plan. Ifther management district plan designates an owners' association, the city shall contract with the designated nonprofit corporation to provide  services.  CHAPTER5. Renewal  36660. Renewal of district; Transfer or refund of remaining revenues; District term limit following the procedures for establishment as provided int this chapter.  (a) Any district previously established whoset term has expired, or wille expire, may be renewed by (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale ofassets acquired with ther revenues, shall bet transferred to the renewed district. Ifthe renewed district includes additional parcels or businesses noti includedi in the prior district, the remaining revenues shall bes spent to benefit only the parcels or businesses in thep prior district. Ifther renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to (c) Uponr renewal, a district shall havea at term not to cxceed 10 years, or, ifthe districti is authorized toi issue bonds, until the maximum maturity oft thosc bonds. Therei ist no requirement that the boundarics, assessments, improvements, or activities ofar renewed district be the: same as the original or prior district.  these parcels shall bc refunded tot the owners ofthese parccls or businesses.  CHAPTER 6. Disestablishment  36670. Circumstances permitting disestablishment of district; Procedure  (a) Any district established ore extended pursuant tot the provisions oft this part, where therei isr no indcbtcdncss, outstanding andu unpaid, incurred to accomplish any ofthc purposcs ofthc district, may bc disestablished by resolution by the city council in either oft the following circumstances: (I) Ifthe city council findst there! has been misappropriation: of funds, malfeasance, ora violation oflawi inc connection with the management oft the district, it shall notice al hearing on (2) During the operation oft the district, there shall bea a 30-day period eachy yeari in which assessees may request disestablishment of the district. The first such period shall begin one year after the datc ofe establishment oft the district and: shall continue for: 30 days. Thei next such 30-day period shall begint two years after thec date oft the establishment oft the district. Each successive year ofoperation oft the district shall haves such a 30-day period. Upon the written petition ofthe owners or authorized representatives oft real property or the owners or authorized representatives ofbusinesses in the district who pay 50 percent or morc ofthe assessments levicd, the city council shall pass a resolution ofi intention to disestablish the district. The city council shall noticea (b) The city council shall adopt a resolution of intention to disestablish the district priort to the public hearing required by this section. Thet resolution shall state the reason for the disestablishment, shall state the time and place oft thep public! hearing, and shall contain ap proposal to dispose ofa any assets acquired with ther revenues ofthea assessments levied within the property and businessi improvement district. The notice of the hearing on disestablishment required by thiss section shall be given by mail to the property owner of each parcel or to the owner ofe each business subject to assessment int the district, as appropriate. The city shall conduct the public hearing not lesst than 30 days afler mailing the notice tot the property or business owners. The public hearing shall bel heldi not more than 60 days after the adoption of the resolution of 36671. Refund ofremaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use ofe outstanding revenue collected after disestablishment of district  disestablishment.  hearing on disestablishment.  intention.  (a) Upon thc disestablishment or expiration without renewal ofa district, any remaining revenues, after all outstanding debts are paid, derived from thel levy of assessments, or derived from thes sale of assets acquired with the revenues, or from bond rescrve or construction funds, shall be refunded to the owners ofthe property or businesses then located and operating within the district in which assessments were levied by  ACTMD Management District Plan  22  <MDP_ _dater    applying the samc method and! basist that was used to calculate the assessments leviedi ini the fiscal ycar in which the district is disestablished or expires. All outstanding assessment revenue collected after discstablishment shall bc spent oni improvements and activities specifiedi in the management district plan. (b) Ifthe disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was usedt to calculate the assessments levied in the immediate prior fiscal year shall be used to  calculate the amount of any refund.  ACTMD Management District Plan  23  <CMDP_dater    APPENDIX 2 - ASSESSED BUSINESSES  ACTMD Management District. Plan  24  <MDP_dater    9A  Attachment 3    PETITION TO THE COUNTY OF AMADOR  TO FORM THE AMADOR COUNTY TOURISM MARKETING DISTRICT  We petition you to initiate proceedings to form the Amador County Tourism Marketing District (ACTMD) ina accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq., for the purpose of providing services as described in the summary of the  Management District Plan attached hereto as Exhibit A. Business Establishment & Address  Business Owner  The undersigned is the business owner or the authorized representative of thel business ownerandis  the person legally authorized and entitled to sign this petition.  Owner /Owner Representative Name (printed)  Title  Owner/Owner Representative Signature  Date  Acomplete copy ofthel Management District Plany willl be furnisheduponrequest. Requestsforacomplete  copy oft the Management District Plan should be made to:  Amador Council of Tourism Laura Waltz PO Box 40 Sutter Creek, CA 95685 (831)431-0505    EXHIBITA  MANAGEMENT DISTRICT PLAN SUMMARY  Location:  The proposed ACTMD includes all lodging businesses and all short-term rentals, existing and in the future, available for public occupancy located within the boundaries of the County of Amador (County) including the cities of Amador City, lone, Jackson, Plymouth, and Sutter Creek and the unincorporated areas of the County as shown on the map 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 The total ACTMD annual assessment budget for the initial year of its five (5) year operation is anticipated to 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 and The annual assessment rate is two percent (2%6) of gross short-term sleeping room rental revenue. Based on the benefit received, assessments will not be collected on: stays of more thani thirty (30) consecutive days; stays by government employees on government business; and stays pursuant to contracts executed prior to the formation of the ACTMD. quarterly basis (including any delinquencies, interest, and overdue charges) from each The proposed ACTMD will have a five (5) year life, beginning January 1, 2025, or ass soon as possible thereafter, and ending five (5) years from its start date. After five (5) years, the ACTMD may be renewed pursuant tot the Property: and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq. ifbusiness owners support  includedH herein.  Services:  destinations, thereby increasing demand for room nightsales.  Budget:  as businesses open and close.  Cost:  Collection: A third-party collection agency will be responsible for collecting the assessment on a  assessed business located ini the boundaries of the ACTMD.  Duration:  continuing the ACTMD programs.  Management: The Amador Council of Tourism shall serve as the ACTMD's Owner's Association. The  Owners' Association is charged with managing funds and implementing programs in accordance with the Management District Plan and must provide annual reports to the  County Board of Supervisors.    EXHIBITA  MANAGEMENT DISTRICT PLAN SUMMARY  Boundary Map Amador County Tourism Marketing District  EIDorado County  Sacramento County  Amador County  Cryof  10  Calalveras County  Tuolumne County  San Joaquin County  CIVITAS    9A  Attachment 4    PETITION TO THE COUNTY OF AMADOR  TO FORM THE AMADOR COUNTY TOURISM MARKETING DISTRICT  Amador City approves for Amador Counsil of Tourism to initiate proceedings to form the Amador County Tourism Marketing District (ACTMD) in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq., for the purpose of providing services as described int the summary of the Management District Plan attached hereto as Exhibit A.  Approved on this day, Thursday November 21, 2024  Representative Signature  Print Name  1    9B    From: Amador Trail Stewardship pradleyDookerareamadortraistewardship.com  Subject: RE: Letter of Support Date: October 30, 2024 at1 1:16PM To: Sandra Staples sastapese/cioud.com  S  The grant is for planning and determining feasibility of bike/walking improvements and programming to safely improve connections between towns and recreational trail systems You can mention our efforts with BPAC for planning and public interest experience, helping  development throughout the county as an economic stimulus. AC businesses with our events, and engaging the community. Let me know if that was helpful or iflo can provide more information.  Bradley  From: Sandra Staples asapese/coud.com Sent: Wednesday, October 30, 202410:45 AM To: bradleybookerQamadorraistewardship.com  Subject: Re: Letter of Support  Absolutely- do you have specific talking points you'd like embedded in the letter,  ora specific grant project in mind?  Sandy  On Oct30, 2024, at 9:56AM,  pradleybooker@amadotralistewardship.com wrote:  Sandy,  Amador Trail Stewardship is applying for a grant plan for some improvements to the county regarding multimodal travel and recreational improvements to stimulate economic and community growth. Its asking for letters of support from community leaders, and IV wondered if you would be willing to draft something to communicate the support towards ATS from Amador City.  Please let me know if this is possible,  Thank You, Bradley Booker ATS    9C    DATE:  November 21,2024  SUBJECT: Ledger Dispatch and Mountain Merchant Newspaper Dispensers At the October 17th City Council meeting, Public Comment included thet following:  questioning why Ledger Dispatch and Mountain Merchant dispensers were moved two requests that the Ledger Dispatch dispenser be returned toi its former location  BACKGROUND:  During the night of October 11th, the Mountain Merchant placed a newspaper dispenser on the sidewalk ini front of the Bellflower building on' Water Street. There was no notice Int that location, the dispenser was an obstacle for pedestrians. Property owners asked that the dispenser be removed or moved to City property before Dancin' in the Street Mountain Merchant was contacted. The editor permitted the dispenser to be moved The dispenser for the Ledger Dispatch was on private property in a garden paralleling the sidewalk. Property owners asked ifi it could be moved to City property as well. The Ledger Dispatch was contacted. The editor permitted the dispenser to be moved  given ahead oft time. the next evening. to City property.  to City property.  The City Manager was informed of the situation and exchanges. The dispensers were moved from private property to City property.  CONSIDERATIONS:  that dispensers were on City property  that there was enough space to ensure that dispensers would not be obstacles that City residents and visitors could easily get to the dispensers that each paper's drivers could get to and refill the dispensers  CITY PROPERTIES CONSIDERED:  the Old Grammar School on School Street side of Hwy 49/Main Street  the Pocket Park between Amador Whitney Museum and the Tavern on the east against the north facing wall oft the Old City Hall/The Firehouse on Hwy 49/Main Street