CITY OFIONE IONE, CA 95640  REGULAR MEETINGSTARTS, AT6:00 PM- AMENDED  Mayor. Alison LaFayne Vice Mayor Diane Wratten Councilmember Dominic. Atlan Councilmember Jack. Mitchell Councilmember Stacy Rhoades ATIE. MAIN STREET, IONE, CA 95640 AND VIA ZOOM Join Zoom Meeting Meeting ID: 235 196 1316 Passcode: 95640  The City of] Ione is inviting you to a scheduled Zoom meeting.  ttps/z00m.Us1231961516/pwdF33WIWI2bVADPONXBDOWIPZKRYUIO9  Tuesday, December 3, 2024  THE CITY OF IONE IS A GENERAL LAWG CITY DEDICATED: TOPROVIDING LEADERSHIP, ACCOUNTABILITY, AND FISCAL. INTEGRITY WHILE. PROMOTING ECONOMIC OPPORTUNITIES. AND. MAINTAINING A HIGH QUALITYOF. LIFE. FOR OUR CITIZENS.  PLEASE LIMIT PUBLIC COMMENI/ISINONY TO FOUR MINUTES  Gov't. Code $54954.3  The Ione City Council welcomes, appreciates, and encourages participation in the City Council Meeting. The City Council reserves the right to reasonably limit the total time for public comment Full staffr reports and associated documents are available for public review at the Office oft the City Clerk, City Hall, 1E E. Main Street, Ione, CA. Hard copies may be obtained for $3.60 forj pages 1- 5a and $.45 for each additional page. Documents that are not available when the agenda is posted  on any particular noticed agenda item as it may deem necessary.  will be made available for public review at the meeting.  A. ROLL CALL B. CLOSED SESSION:  1. CONFERENCE WITH REAL PROPERTY NEGOTIATON 1000 Castle Oaks Drive (APN 005-320-034), 1230 Shakeley Lane  (APN 005-320-037) Agency Negotiator: George Lee Negotiating Parties: Hahn Family Foundation Under Negotiation: Price and Terms ofPayment    CITYOFIONE IONE, CA 95640  2. PUBLIC EMPLOYMENT Title: City Attorney  Ifall matters are not completed prior to the regular meeting start time, the City Council  will convene to Closed Session after the Regular Meeting ends.  C.P PLEDGE OF ALLEGIANCE D. REPORT OUT OF CLOSED SESSION E. APPROVAL OF AGENDA  F.P PRESENTATIONS/ANNOUNCEMENTS: None  G.P PUBLIC COMMENT: EACH SPEAKER IS LIMITED TO 41 MINUTES NOTE: This is the time for members ofthe public who wish to be heard on matters that do not appear ont the Agenda. Persons may address the City Council at this time on any subject within Please be mindful of the 4 minute time limit per person. Pursuant to the Brown Act, the City Council may not take action or engage in a detailed discussion on an item that does not appear on the Agenda. However, matters that require Council action will be referred to staff for a reporto amdlorrecommendation. for possible action at afuture Council meeting. Is there anyone  the jurisdiction of the Ione City Council.  in the audience who wishes to address the Council at this time?  H. INFORMATION ITEMS: by the City Council.  All matters listed under this category arej for information only with no action to be taken 1. City of Ione Community Facilities District No. 2005-2 Annual Accountability  Reports for the Period Ending October 31, 2024  C CONSENT CALENDAR:  All matters listed under this category are considered to be routine and will be enacted by one motion. Any item may be removedj for discussion and possible action andi made a part 1. Minutes of August 14, 2024, August 20, 2024, September 3, 2024, September 17,  ofthe regular agenda at the request ofa Councilmemberls).  2024 and October 1, 2024    CITYOFI IONE IONE, CA 95640  2. Warrants - December 3, 2024  3. Adoption of Resolution No. 2024-30 Prohibiting Parking on a Portion of Main Street During the Amador County Little League West Opening Day Parade 4. Adoption of Resolution No. 2024-31 Adopting the 2024 Conflict of Interest Code  J. REGULAR. AGENDA:  1. Presentation on Formation of Amador County Tourism Marketing District (ACTMD) - Kathleen Mahan - Amador Council ofTourism  2. Approval of West Yost Task Orders:  Authorize City Manager to Approve West Yost Task Order 9 for As- Needed Wastewater Engineering Services to the City of Ione for an amount Authorize City Manager to Approve West Yost Task Order 10, Castle Oaks Water Reclamation Facility (COWRF) Condition Assessment and Capital Improvement Plan Development for an amount of $59,500  of$50,000  3. Amending the Ione Municipal Code Title 2 to include City Council Term Limits  K. REPORTS AND COMMUNICATIONS FROM CITY ATTORNEY L. REPORTS AND COMMUNICATIONS FROM CITY MANAGER  M. COUNCIL COMMENTS/COMMITTEE REPORISFUTURE AGENDA ITEMS  N. RESUME TO CLOSED SESSION IF NECESSARY 0. REPORT OUT OF CLOSED SESSION  P.A ADJOURNMENT TO REGULAR MEETING ON DECEMBER 17, 2024  Upcoming Meetings:  December 10, 2024-1 Planning Commission Meeting December 12, 2024- Creek Committee Meeting December 17,2024- City Council Meeting  December. 24, 2024 - Park & Recreation Commission (Cancelled)    CITYOFIONE IONE, CA 95640  NOTICE REGARDING CHALLENGES TO: DECISIONS  Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section 65009 and or California Public Resources Code Section 21177, ify you wish to challenge in court any of the above decisions (regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described ini this notice/agenda, or in written correspondence  delivered to the City at, or prior to, this public hearing.  ADA COMPLIANCE STATEMENT  In compliance with the American with Disabilities Act, ifyou need special assistance to participate in this meeting, please contact City Clerk Janice Traverso at (209) 274-2412, ext. 102. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements  to ensure accessibility to this meeting.    CITYOFION 10NE.C195641  Agenda Item #H.1.  DATE: TO: FROM:  DECEMBER 3, 2024  MAYOR: LAFAYNE AND CITY COUNCIL GEORGE LEE, CITY MANAGER  SUBJECT: CITY OF IONE COMMUNITY FACILITIES DISTRICT NO. 2005-2  ANNUAL ACCOUNTABILITY REPORTS FOR THE PERIOD  ENDING OCTOBER31,2024  STAFF RECOMMENDATION  It is recommended that City Council, acting in its capacity as the legislative body ofCity ofIone Community Facilities District No. 2005-2 ("CFD No. 2005-2"), receive and file the attached Annual Accountability Reports as required by Government Code Section 50075.3  for the period ending October 31, 2024. BACKGROUND AND OVERVIEW  The City of Ione, pursuant to the provisions of the Local Agency Special Tax and Bond Accountability Act (the "Accountability Act"), is required to file Annual Accountability Reports (defined below) with City Council for each improvement: area ofCommunity Facilities District No. 2005-2 on an annual basis. The attached Annual Accountability Reports provide the information required by Government Code The Accountability Act adopted by the voters in 2001 and codified in Government Code Section 50075 et seq. requires any local special tax and/or bond measure subject to voter approval on or after January 1, 2001 that would provide for the imposition of a special tax by a local agency shall require the chief fiscal officer oft the levying local agency to file an annual Special Tax and Bond Accountability Report ("Annual Accountability Report") with its governing body meeting the requirements of the Accountability Act. As directed by Senate Bill ("SB") 165, the Annual Accountability Reports shall contain both of the  Section 50075 et seq. for the period ending October 31, 2024.    following (i) the amount of funds collected and expended, and (ii) the initial allocation of bond proceeds and the expenditure of bonds proceeds to fund authorized projects of CFD Attached for your information are the applicable City of Ione Community Facilities District No. 2005-2 Annual Accountability Reports for the reporting period of November 1,2023 through October 31, 2024. These reports provide the amount of funds collected and expended as well as the status of the projects authorized within the bond programs. The total beginning balance within the accounts held by U.S. Bank on November 1,2023 was $449,632 (collectively for all funds and accounts held by Improvement Area Nos.1& 3ofCFDI No. 2005-2), and the total ending balance as of October 31, 2024 was $529,067 (collectively for all funds and accounts held by Improvement Area Nos. 1 &3ofCFDNO. 2005-2). The Improvement Area No. 2 ofCFD No. 2005-2 Special Tax Refunding Bonds were redeemed inj full on September 1, 2017, and accordingly, all funds and accounts held for this district have been closed. The CFD No. 2005-2 bonds were issued toj pay, repay or defease the outstanding bonds supported by special taxes levied on taxable property for City of Ione Community Facilities District No. 1989-1 (Country Club Estates) and City of Ione Community Facilities District No. 1989-2 (Country Club Estates 2) which were in default. These reports, commonly submitted as informational packets by other taxing jurisdictions, are included on the consent calendar as a courtesy to keep City Council involved in these matters. These reports were provided by DTA, Inc., the special tax All costs related to CFD No. 2005-2 are costs of these districts, not the City of Ione or its General Fund. As a result, all costs related to administering these districts and paying debt service on the bonds are the responsibility of the property owners within these districts. The bonded indebtedness of CFD No. 2005-2 is both secured and repaid through the annual levy and collection of special taxes from all property subject to the Aside from the Annual Accountability Reports, there are various other annual reporting  No. 2005-2.  consultant and administrator for these districts.  special tax within these districts.  requirements related to CFD No. 2005-2 as outlined below:  City Council approval of the "Annual Levy of Special Tax" resolution authorizing the levy of special taxes within CFD No. 2005-2. Approval is due each year prior to the County of Amador's August 10th deadline for the inclusion of such special taxes on the consolidated property tax bills pursuant to Government Code Section 43340 oft the Mello-Roos Community Facilities Act of1982 (the "Act"). The fiscal year 2024-2025 annual levy ofs special taxes for CFD No. 2005-2 was approved by City Council on August 6, 2024. The CFD No. 2005-1 Special Tax Refunding Bonds had aj final maturity of September 1, 2016, and accordingly, there was no levy ofspecial taxes within CFD No. 2005-1for fiscal year 2024-2025. As stated in SB 1464, any Community Facilities Districts issuing debt on or after January 1, 1993, must report certain fiscal information to the California Debt and Investment Advisory Commission ("CDIAC") on an annual basis by October 30th of each year (2 page form report of fund balance, assessed value of all parcels in the CFD subject to the special tax, tax collections, delinquent reporting, foreclosure actions for fiscal year, and issue matured or refunded information called the Yearly Fiscal Status Report). DTA, Inc. (acting on behalf of the City of Ione) prepared and filed the first set of applicable Yearly Fiscal Status Reports for CFD Nos.  2    2005-1 & 2005-2 on October 29, 2007, and subsequent required reports have been The City of Ione, pursuant to the provisions of the Continuing Disclosure Certificates (the "Disclosure Certificates") dated as of August 1, 2006 for CFDNo. 2005-1, and dated as of December 1, 2007 for Improvement Area No. 1 ofCFD No. 2005-2, is required to provide Annual Reports for CFD No. 2005-1 and Improvement Area No. 10 ofCFD: No. 2005-2 not later than April Istofeach year in compliance with Section 53359.5 of the Government Code as stated in SB 1464, the 1992 Mello-Roos Amendment Bill. DTA, Inc. prepared these Annual Reports and copies of these Annual Reports were forwarded to U.S. Bank as trustee prior to each applicable April 1St. These Annual Reports have also been provided to each National Repository and each State Repository determined pursuant Section 3(a)of  provided to CDIAC on or prior to each October 30th thereafter.  the applicable Disclosure Certificate.  The first Annual Report for CFD No. 2005-1 was provided prior to April 1, 2007, and subsequent. Annual Reports were provided prior to each April Ist thereafter during the time which the bonds issued by this district were The first Annual Report for Improvement Area No. 1 of CFD No. 2005-2 was provided prior to April 1, 2008, and subsequent Annual Reports have The Improvement Area No. 2 of CFD No. 2005-2 Special Tax Refunding Bonds, which were privately placed, were redeemed inj full on September 1, 2017, and accordingly, there are no continuing disclosure reporting The bonds for Improvement Area No. 3 of CFD No. 2005-2 are currently privately placed and continuing disclosure certificates have not been executed for this improvement area, therefore an Annual Report is not required for this improvement area at this time. Similar annual continuing disclosure reporting requirements would apply to Improvement Area No. 3 ofCFDI No. 2005-2 only if the bonds secured by the special taxes with such  outstanding.  been provided prior to each April 1st thereafter.  requirements, for this district.  improvement àrea are sold to the public.  City Council has authorized the formation of CFD No. 2005-2, the bonded indebtedness for this district, the levy ofa special tax within the boundaries of CFD No. 2005-2, and the specific special taxes levied per parcel for fiscal year 2024-2025. The attached Annual Accountability Reports, prepared in accordance with Government Code Section 50075.3, If you have any questions or need additional information regarding the Annual Accountability Reports for CFD No. 2005-2, you may contact me or Shayne Morgan, the  ish hereby submitted for City Council'sreference.  administrative consultant for CFDI No. 2005-2, at (949)955-1500.  Attachments  3    11/21/2024  CITY OF IONE  IMPROVEMENT AREA NO.10F  COMMUNITY FACILITIES DISTRICT NO. 2005-2 SPECIAL TAX. AND BOND ACCOUNTABILITY REPORT  The purpose oft this report is to comply with the provisions of the Local Agency Special Tax and Bond Accountability Act (the "Accountability Act"). According to Senate Bill ("SB") 165, any local special tax measure that is subject to voter approval on or after January 1, 2001 that would provide for the imposition ofa special tax by a local agency shall require the chief fiscal officer of the levying local agency to file an annual Special Tax and Bond Accountability Report ("Accountability Report") with its governing body no later than January 1, 2002, and at least once a year thereafter, meeting the requirements of the Accountability Act. The Accountability  Report shall contain a description oft the following:  The amount of funds collected and expended.  The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Article 1.5, Section 53410.  In compliance with the required. Accountability Report the following is submitted:  The City of Ione issued $3,845,000 in Improvement Area No. 1 of Community Facilities District No. 2005-2 Special Tax Bonds (the "Series 2006 Bonds") in August 2006. The Series 2006 Bonds were issued to pay, repay or defease an allocable share of the outstanding bonds supported by special taxes levied on taxable property for City of Ione Community Facilities District No. 1989-1 (Country Club Estates) and City of Ione Community Facilities District No. 1989-2 (Country Club Estates - 2) which were in default. In June 2018, Improvement Area No. 1 of Community Facilities District No. 2005-2 issued $2,646,764 in refunding bonds (the "Series 2018 Bonds") toj provide funds to refund all oft the outstanding Series 2006 Bonds. The Series 2006 Bonds and the Series 2018 Bonds are collectively referred to herein as the Separate accounts have been established with a third-party trustee to administer the receipt and subsequent disbursement of the Bond proceeds for Improvement Area No. I of Community Facilities District No. 2005-2. Summary sheets showing the deposit of Bond proceeds as well as all subsequent disbursements made during the reporting period (November1,2023 through October 31, 2024) are attached as a part oft this report. Improvement Area No. 1 of Community Facilities District No. 2005-2 facilities special taxes were levied in fiscal year 2023-2024 in the amount of $198,601. These facilities special taxes were used to pay debt service on the Bonds and administrative expenses of Improvement Area Additionally, Improvement Area No. 1 of Community Facilities District No. 2005-2 services special taxes were levied in fiscal year 2023-2024 in the amount of $62,535 and made available to the City of Ione for authorized public services and associated administrative  "Bonds".  No. lofCommunity Facilities District No. 2005-2.  expenses.    COMMUNITY FACILITIES DISTRICT No. 2005-2 (MPROVEMENT AREA No. 1) OF THE CITY OF IONE SERIES 2018 SPECIAL TAX REFUNDING BONDS  SB 165 FUND SUMMARY  Special Tax and Bond Proceeds 0n8/2148) $108,502.32 $51,695.39  Funds Accrued Funds Expended 10/31/24) $4,889.11 $0.00 $0,00 $2,204.62 $0.02 $86,014.13 ($86,014.08) $6.96 $93,543.07 ($93,550.00) $2,925.97 $0.00 $0.00  (Deposited Previously Previously Ending Balance (11//23 through (11H/23 through Ending Balance  Fund Construction! Fund" " Cost ofl Issuance Account EscrowF Fundl SpecialT Tax Fund Reserve Account Interest Account Principal Account Redemption Account Rebate Fund Surplus Fund Grand Total Notes:  Accrued Expended asoft 10/31/23 $39.10 ($108,541.42) $3,438.03  10/31/24) asof 10/31/24 $0.00 $104,966.64 $0.00 $0.00 ($3,944.03) $44,866.46 ($2,500.00) $103,706.57 ($218.68) $2,821.82 $0.00 $0.00  $93,235.00 $30,449.45 ($23,606.92) $100,077.53 $3,001,795.51 $10,954.49 ($3,012,750.00)  $0.00 $0.00  $0.00 $0.00 $580.97 $0.07 $0.03 $0.00 $0.00  $0.00 $914,703.87 ($913,653.25) $1,050.62 $41,991.75 ($42,461.40)  ($8,527.55) $46,605.87  Administrative Expense Account" $40,478.51 $111,858.41 ($71,629,16) $80,707.76 $25,498.81  $0.00 $536,528.43 ($536,528.41) $0.00 $478,347.56 ($478,340.60) $0.00 $351,392.12 ($351,277.59)  $114.53 $0.00 $0.00  $0.00 $0.00  $0.00 $0.00  $0.00 $0.00  $3,295,706.73 $2,437,711.46 ($5,504.854.90) $228,563.29 $257,067.46 ($228,688.19) $256,942.56  [Fundedw witha atrans/ert fromt thes Series 2006 Specia/ TaxF Fundon. June2 21, 2018. [3Fundedw witha atransferf fromt thes Series2 2006A Administrative Expense Account onJ June 21, 2018.  [2/Funds depositedinclude Q refunding! bondp proceeds equaltos $2,486,5 566.2 29( (excludes costs ofissuance int the amounto of$108,5 502.32a anda amounts depositedi intot theR Reserve Accountin the amount  of$51,695.39), and( () transfers totaling $515, 229.2 224 from! funds! heldint the Series 2006 Specia/7 Tax Fund, Reserve Funda and Redemption/ Account.    COMMUNITY FACILITIES DISTRICT No. 2005-2 (MPROVEMENT AREA No. 1) OF THE CITY OF IONE  SERIES 2006 SPECIAL TAX BONDS  SB 165 FUND SUMMARY  Bond Proceeds (Deposited on 8/16/06) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00  Previously Accrued $0.00 $261,595.34 $80,798.29 $596,105.98 $262,831.49 $220,000.10 $771,015.69 $0.00 $0.00  Previously Ending Balance Expended as of11/7/18 I4) $0.00 ($261,595.34) ($80,798.29) ($596,105.98) ($262,831.49) ($220,000.10) ($771,015.69) $0.00 $0.00  Fund Project Account Cost of Issuance Account Cost of Conversion Subaccount Special Tax Fund RI Reserve Account Administrative Expense Account Interest Account Principal Account Redemption Account Rebate Fund Surplus Fund Grand Total Notes:  $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00  $3,756,579.25 $3,449,969.72 $7,206,548.97)  $0.00 $2,501,271.14 $2,501,271.14)  $3,756,579.25 $8,143,587.75 $11,900,167.00)  [117 The Series 2006 Special Tax Bonds were redeemed: ini full on September 1, 2018. Accordingly, the majority oft the funds and accounts for the Series 2006 Special Tax Bonds were transferred: to the funds and accounts established for the Series 2018 Special Tax Refunding bonds on. June 21, 2018. Furthermore, all funds and accounts for the Series 2006 Special Tax Bonds were closed  on November 7, 2018.  [2] Excludes private placement fee of $88,420. 751 retained by placement agent.    11/21/2024  CITY OF IONE  IMPROVEMENT AREA NO.2C OF  COMMUNITY FACILITIES DISTRICT NO. 2005-2 SPECIAL TAX. AND BOND ACCOUNTABILITY REPORT  The purpose oft this report is to comply with the provisions oft the Local Agency Special Tax and Bond Accountability Act (the Accountability Act"). According to Senate Bill ("SB") 165, any local special tax measure that is subject to voter approval on or after January 1,2 2001 that would provide for the imposition of a special tax by a local agency shall require the chief fiscal officer of the levying local agency to file an annual Special Tax and Bond Accountability Report ("Accountability Report") with its governing body no later than January 1, 2002, and at least once a year thereafter, meeting the requirements of the Accountability Act. The Accountability  Report shall contain a description oft the following:  The amount ofi funds collected and expended.  The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Article 1.5, Section 53410.  In compliance with the required Accountability Report the following is submitted:  The City of Ione issued $1,550,000 in Improvement Area No. 2 of Community Facilities District No. 2005-2 Special Tax Refunding Bonds (the "Bonds") in August 2006. The Bonds were issued to pay, repay or defease an allocable share of the outstanding bonds supported by special taxes levied on taxable property for City of Ione Community Facilities District No. 1989-1 (Country Club Estates) and City of Ione Community Facilities District No. 1989-2 Separate accounts had been established with a third-party trustee to administer the receipt and subsequent disbursement of the Bond proceeds for Improvement Area No. 2 of Community Facilities District No. 2005-2. Improvement Area No. 2 of Community Facilities District No. 2005-2 Special Tax Bonds had a final maturity of September 1, 2017. Accordingly, parcels within Improvement Area No. 2 of Community Facilities District No. 2005-2 are no longer subject to the levy of the facilities special tax, and all funds and accounts for the Bonds were subsequently closed on October 1, 2019. A summary sheet showing the deposit of Bond proceeds as well as all subsequent disbursements made through October 1,2019 is attached as Furthermore, Improvement Area No. 2 of Community Facilities District No. 2005-2 services special taxes were levied in fiscal year 2023-2024 in the amount of $68,789 and made available to the City of Ione for authorized public services and associated administrative  (Country Club Estates-2) which were in default.  apart oft this report.  expenses.    COMMUNITY FACILITIES DISTRICT No. 2005-2 IMPROVEMENT AREA No. 2) OF THE CITY OF IONE  SERIES 2006 SPECIAL TAX BONDS  SB 165 FUND SUMMARY  Bond Proceeds (Deposited on 8/16/06) $0.00 $0.00 $1,148,040.21 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,148,040.21  Previously Accrued $34,048.71 $127,622.36 $220,126.10 $263,893.93 $573,880.51 $680,000.00 $0.00 $111,595.29  Previously Ending Balance Expended as of10/1/19 1)  Fund Project Account Cost of Issuance. Account Special Tax Fund' [2) Reserve Account Administrative Expense Account Interest Account Principal Account Redemption. Account Rebate Fund Surplus Fund Grand Total Notes:  ($34,048.71) ($127,622.36) ($220,126.10) ($263,893.93) ($573,880.51) ($680,000.00) $0.00 ($111,595.29)  $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00  $641,625.09 $1,789,665.30)  $0.00 $1,164,959.68 ($1,164,959.68)  $3,817,751.67 $4,965,791.88)  [1] The Series 2006 Special Tax Bonds were redeemed. ini full on September 1, 2017. Accordingly, all funds and accounts for the [2] Excludes @) proceeds from the CFD Nos. 1989-1 & 1989-2 bond cancellation totaling $385,298.25, and (i) private placement  Series 2006 Special Tax Bonds were closed on October 1, 2019. fee of$16,661.541 retained by placement agent.    11/21/2024  CITY OF IONE  IMPROVEMENT AREA NO.30F  COMMUNITY FACILITIES DISTRICT NO. 2005-2 SPECIAL TAX. AND BOND ACCOUNTABILITY REPORT  The purpose oft this report is to comply with the provisions of the Local Agency Special Tax and Bond Accountability Act (the Accountability Act"). According to Senate Bill ("SB") 165, any local special tax measure that is subject to voter approval on or after January 1, 2001 that would provide for the imposition of a special tax by a local agency shall require the chief fiscal officer of the levying local agency to file an annual Special Tax and Bond Accountability Report ("Accountability Report") with its governing body no later than January 1, 2002, and at least once a year thereafter, meeting the requirements oft the Accountability Act. The. Accountability  Report shall contain a description oft the following:  The amount of funds collected and expended.  The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Article 1.5, Section 53410.  Inc compliance with the required. Accountability Report the following is submitted:  The City of Ione issued $9,855,000 in Improvement Area No. 3 of Community Facilities District No. 2005-2 Special Tax Refunding Bonds (the' "Bonds") in August 2006. The Bonds were issued toj pay, repay or defease an allocable share of the outstanding bonds supported by special taxes levied on taxable property for City of Ione Community Facilities District No. 1989-1 (Country Club Estates) and City of Ione Community Facilities District No. 1989-2 Separate accounts have been established with a third-party trustee to administer the receipt and subsequent disbursement of the Bond proceeds for Improvement Area No. 3 of Community Facilities District No. 2005-2. A summary sheet showing the deposit of Bond proceeds as well as all subsequent disbursements made during the reporting period (November 1, 2023 through October 31,2024) is attached as a part of this report. Improvement Area No. 3 of Community Facilities District No. 2005-2 facilities special taxes were levied in fiscal year 2023-2024 in the amount of $177,254. These facilities special taxes were used to pay debt service on the Bonds and administrative expenses of Additionally, Improvement Area No. 3 of Community Facilities District No. 2005-2 services special taxes were levied in fiscal year 2023-2024 in the amount of $284,590 and made available to the City of Ione for authorized police and fire protection services, street maintenance, park maintenance and open space maintenance, and associated administrative  (Country Club Estates - 2); which were in default.  Improvement Areal No.3 ofCommunity Facilities District No. 2005-2.  expenses.    COMMUNITY FACILITIES DISTRICT No. 2005-2 (MPROVEMENT AREA No. 3) OF THE CITY OF IONE SERIES 2006 SPECIAL TAX BONDS SB 165 FUND SUMMARY  Bond Proceeds on8 8/16/06) 1 $0.00  Funds Accrued Funds Expended 10/31/24) $0.00 $0.00 $0.00  (Deposited Previously Previously Ending Balance (11/1/23 through (11/1/23 through Ending Balance $7,086,855.60 $8,716,926.09 $15,761,129.60) $42,452.09 $157,767.44 ($143,125.00) $57,094.53  Fund ProjectA Account Costo ofk Issuance Account Special Tax Fundn Reserve Account Administrative Expense Account Interest/ Account Principal Account Redemption Account Rebate Fund Surplus Fund Grand Total Nons:  Accrued $0.00  Expended asof1 10/31/23 $0.00  10/31/24) asof1 10/31/24 $0.00 $0.00 $0.00 $0.00 $203,266.66 $0.00 $0.00 $8,855.21  $0,00 $0.02 $0.56  $0.00 $0.02 $0.56 $20.09 $31.31 $0.00  $0.00 $875,101.83 ($875,101.81) $0.00 $1,054,458.48 ($1,054,457.92) $0.00 $7,544,152.33 ($7,544,152.33) $0.00 $3,426,175.00 ($3,426,175.00) $0.00 $4,915,705.06 ($4,911,661.96) $0.00 $38,425.57 ($29,982.80)  $0.00 $859,880.41 ($693,750.07) $166,130.34 $37,136.32  $0.00 $77,020.09 ($77,000.00) $0.00 $60,031.31 ($60,000.00) $4,043.10 $179,937.85 ($181,125.00) $2,855.95  $0.00  $0.00  $0.00  $0.00 $8,442.77  $0.00 $412.44  $7,086,655.60 $27,430,824.77 ($34,296,411.49) $221,068.88 $512,305.45 ($461,250.00) $272,124.33  (1)Reflects cancellationd ofs1,0 000,000ir ink bonds occuringa afterA August8, 2006p pricing.  [2/E Excludes Op proceeds fromt the CFDA Nos. 1989-18 1989-26 bondo cancellation totalings $2,653,467.48, and (N)A private placement feeo of$114,876.92/ retainedb byp placement agent.    Agenda Item #I.1.  CITY OF IONE COUNCIL MEETING MINUTES  August 14, 2024  MayorLaFayne called meeting to order at 6:05 PM Present: Alison LaFayne, Mayor  A. ROLL CALL:  Diane Wratten, Vice Mayor Dominic Atlan, Councilmember (Zoom) Jack Mitchell, Councilmember Andy Pinasco, City Attorney (Zoom) Janice Traverso, City Clerk  Absent: Stacy Rhoades, Councimember Staff: George Lee, City Manager  B. MAYOR LAFAYNE LED THE PLEDGE OF ALLEGIANCE Julie, Wildflower resident made the following comments:  C.P PUBLIC COMMENT:  Isee political signs for Rhoades and Mitchell. If either is re-elected, Ihope they can acti in aj professional manner and work with the Mayor and other City Manager Lee, If found your response to the Mayor interesting. The Mayor and Vice Mayor know they need to bei in compliance when asking for Iam glad that the Closed Session is happening last. To have the public wait around when Closed Session is at the beginning of the meeting is not Iwould like to see productive outcomes for all topics and issues concerning The Council is supposed to be a voice for all its citizens and the needs ofthe community not for loyal friends or kickbacks. Let's work together to make  colleagues.  Contracts and not Task Orders.  considerate to. us. its citizens. this a great town.  Would like to see the following for Howard Park: Like to see all the dead trees removed Like to see smooth surfaces for all the picnic tables Like to see the dog poop station moved next to the track Tommy Quinn - would like to see Police presence at all Council meetings because ofthe incident that happened at the August 6, 2024 Dominic Atlan.  D. CLOSED SESSION:  CONFERENCE WITH REAL PROPERTYNEGOTIATORS 1000 Castle Oaks Drive (APN 005-320-034) 1230 Shakeley Lane (APN 005-320-037) Agency Negotiator: George Lee, City Manager Negotiating Parties: Hahn Family Foundation Under Negotiation: Price and Term of Payment    Public Comment:  Larry Rhoades-would like to know the cost before you vote on property. Andy Aguilera, I would hope that you let the public know what is going on at the Patrice Prest, ifthe GolfCourse closes, it would be catastrophic for the residents who live around the golf course. It would be helpful if we were somewhere in the loop. Mayor LaFayne = we all understand how frustrated everyone is-we cannot discuss the negotiations at this time. We are doing as much as we can and we want to stay on top of this. We are. having a Special Meeting because we do see the urgency in Susan Priest -I I would like to know ifthe City has a contingency plan. Nadine Bush - The residents would appreciate any information and clarity. Council convened to Closed Session at this time to discuss the following: CONFERENCE WITH REAL NEGOTIATORS -No reportable  Golf Course, ifiti is going to close.  this.  E. REPORT OUT OF CLOSED SESSION: Action-direction to staff. 1000 Castle Oaks Drive (APN 005-320-034) 1230 Shakeley Lane (APN00S-320-037) Agency Negotiator: George Lee, City Manager Negotiating Parties: Hahn Family Foundation Under Negotiation: Price and Term of] Payment  GADJOURMMENT: to adjourn.  Moved by Councimember Mitchell, seconded by Vice Mayor Wratten  Respectfully submitted, Janice Traverso City Clerk    CITY OF IONE COUNCIL MEETING MINUTES  August 20, 2024  Mayor LaFayne called meeting to order at 6:00 PM Present: Alison LaFayne, Mayor  A. ROLL CALL:  Diane Wratten, Vice Mayor Jack Mitchell, Councilmember Stacy Rhoades, Councilmember Andy Pinasco, City Attorney Janice Traverso, City Clerk  Absent: Dominic Atlan, Councilmember Staff: George Lee, City Manager  B. CLOSED SESSION:  Moved by Mayor LaFayne, seconded by Vice Mayor Wratten to move the Closed  Session item to the end oft the meeting. AYES: LaFayne, Wratten, Mitchell, Rhoades  NOES: None ABSENT: Atlan ABSTAIN: None  .CONFERENCE WITH REAL PROPERTY NEGOTIATORS 1000 Castle Oaks Drive (APN 005-320-034) 1230 Shakeley Lane (APN 005-320-037) Agency Negotiator: George Lee, City Manager Negotiating Parties: Hahn Family Foundation Under Negotiation: Price and Term of Payment  C. MAYOR LAFAYNE LED THE PLEDGE OF ALLEGIANCE  D. - APPROVAL OF AGENDA: carried to approve the agenda. NOES: None ABSENT: Atlan ABSTAIN: None  Moved by Councilmember Mitchell, seconded by Councilmember Rhoades and  AYES: LaFayne, Wratten, Mitchell, Rhoades  E. PRESENTATIONS/ANNOUNCEMENTS:  Mr. Jim Rooney, Amador County Assessor reported the following: Proposition 13 annual adjustment for this tax year is 2%  Every assessable property that did not have a change of ownership or new Total assessed values in Amador County for 2024-2025 Tax Year was 3.57% Total assessed values for Ione for 2024-2025 Tax Year was 5.97%  construction had a 2% increase    John Alfred, Police Chief presented John "Johnny" Stewart with a Certificate of Appreciation for his service to the Ionel Police Department and citizens of Ione on  July 25, 2024 for his assistance on aj police call.  F. PUBLIC COMMENT:  Stephanie Anderson commented that Alison LaFayne had a lease with the City Ione to run the Arena at Howard Park. Ini reviewing the lease, If found that the. Alison LaFayne owes the City $33,998.92. It concerns me because we are a small town and Larry Rhoades, awhile back you talked about contractors and liability for the City. Every contractor has to have a bond. Ifit is the person It think you are talking about, this person dumped gravel in 1984 and 1997 to help raise the levee- he did it on his  was wondering if anyone is working with her to pay the bill.  own; and now the City wants to condemn this person. G.I INFORMATION ITEMS: No action taken. 1.. July 2024 Fire Department Report 2. July 2024 Police Department Report 3. July 2024 Administrative Report 4. July 2024 Treasurer Report 6.J July 2024 WWTP Report H. CONSENT CALENDAR: approve the following:  5. June and July 2024 Building Department Report  Moved by Vice Mayor Wratten, seconded by Councilmember Mitchell and carried to 2. Adoption of Resolution No. 2024-23 - Prohibiting Parking on a Portion ofl Main 3. Adoption of] Resolution No. 2024-24 - Redirecting Traffic and Prohibiting Parking on the Main Street during the First Annual Halloween Light Parade 4. Adoption ofl Resolution No. 2024-25 - Redirecting Traffic and Prohibiting on  Street during the Annual Ione Harvest Fair  Main Street during the Annual Christmàs Parade AYES: LaFayne, Wratten, Mitchell, Rhoades  NOES: None ABSENT: Atlan ABSTAIN: None DISCUSSIONITEMS:  For the record: Action minutes provide the necessary documentation of City Council action. For those desiring to hear the full discussions on each item, audio of the meeting is available on the City's website at www.ione-ca.com. These recordings provide an accurate and comprehensive backup of City Council deliberations and citizen  discussions.    I. REGULAR AGENDA:  1. Warrants - August 6, 2024: Mayor LaFayne pulled the Warrants from the Consent Calendar for discussion. Mayor LaFayne reported that the City received correspondence from Weber, Ghio & Associates today and they submitted their final bill. It was moved by Vice Mayor Wratten, seconded by Councilmember Rhoades and carried to pay the Warrants and to add to the Warrants the outstanding invoices received today from Weber, Ghio & Associates.  AYES: LaFayne, Wratten, Mitchell, Rhoades  NOES: None ABSENT: Atlan ABSTAIN: None  1. Presentation by Jake Herfel on Rotary Club Parking Project at Howard Park- - The Parking Project will be a three-way project--Rotary Club ($20,000), Ione Business and Community Association ($20,000) and Axios Homes. The project will be done mainly by volunteers; and we do not know the exact cost ofthe project. Rough draft oft the project was presented by Jake Herfel. This project will create parking for ninety plus cars. arena and the main Howard Park entrance. park and ones crossing Highway 124.  Vehicles will enter through the horse arena entrance and exit through the We will install 2-36i inch 40 feet long culverts to match the ones in the The parking will parallel Highway 124 with a setback of 20 feet from the The new parking lot will be 80 feet wide and about 450 feet long. We will need to remove some small trees and a large one, but final plan May need to bring in some fill dirt, and the entire lot will be covered by 3  City fence.  approved by the City may change. %to 4 inches of road base.  Mr. Tom Borge, Axios Homes would be willing to donate and I think we can makeup the difference sO there would be no cost to the City. We would love to help the Rotary Club accomplish their goals and we would like to also support the Business Association. Our equipment is on site finishing the road from the Mr. Jonathan Mitchell, City Engineer we. have prioritized this project to complete it before the rainy season. There are additional requirements that are triggered when we enter into the rainy season for a construction project. Ireceived a memo from our Environmental Specialist stating that she is confident that we can: move forward from an environmental standpoint on this project. That review included CEQA as well as a determination from California Fish and Wildlife, as well as required permits on the Federal level. From an engineering staff and our environmental resource team, I can recommend this project move forward  Elementary School and Unit #1.  without delay.    David Livingstone, thanks tol Mr. Borge for offering the equipment for this Gary Thomas, I think George Lee, City Manager should be the point of contact when there is discussion with Caltrans regarding the entrance to Howard Park. Vice Mayor Wratten, I am concerned we do not have anything in writing, approved and signed off for aj project like this. Andy Pinasco, City Attorney, my understanding from staffi is that they are still working through this. Ifthere are not any determinations needed by Council, direction to staff would be appropriate and they can move: forward under the City Manager. Ini the event that the Council does have to make some formal determination, project related,  Project.  then it would be brought back to Council.  2. Discussion/Action on. Assignment of] Franchise Agreement from ACES (Amador County Environmental Services) tol Delta Container Corp./Republic Services - Andy Pinasco, City Attorney commented that on July 17,2024, the City received a letter from ACES Waste Services, Inc. seeking the City's consent to assign the. Amended and Restated Franchise Agreement for Solid Waste Collection, Disposal and Recycling Services under Article M - Assignment to Republic Services because of proposed sale. After discussion by Council, it was moved by Vice Mayor Wratten, seconded by Councilmember Mitchell and carried to adopt Resolution No. 2024-26. Authorizing Assignment of the Amended and Restated Franchise Agreement for Solid Waste Collection, Disposal and  Recycling Services. NOES: None ABSENT: Atlan ABSTAIN: None  AYES: LaFayne, Wratten, Mitchell, Rhoades  3. Report on Castle Oaks Entrance Landscaping - Work Completed V. Contract- Ken Mackey met with Chris Strong, EcoUrban Designs, Inc. regarding the entrance medium to the Castle Oaks Subdivision between Highway 104 continuing southwest to Braeburn Way (approximately 90,000 sq. ft. project After meeting on site seeing the progress and the approved drawing, with the approved modifications by the City Engineer, it appears the landscaping and irrigation project is being completed as per the agreement. Unknown or unseen issues that have come up have been reported. Issues have been corrected with the exception oft the items previously listed, (such as the highway side or Ihave found that with all the information provided to me, that the contractor has done the work required and was approved in Phase #1 and #2 by the City Engineer, and Phase #3 will be completed soon and will be ready for final  overall).  the stolen control box).    inspection by the Engineer. We will need to address the outer areas oft the street that runs along the wall oft the subdivisions for continued maintenance and upgrades to the sprinklers for water saving and cost reduction ift this falls onto the City Engineer clarified that his scope on this has been limited to the capital construction project only and it was primarily focused around generating the scope and fee portions of the contract, sol I do not have knowledge oft the maintenance activities. Ihave completed ai recent review of Phase 2 oft the capital Vice Mayor Wratten the original maintenance contract was extended when the Council approved the rehab project at the same time. Mayor LaFayne - hearing the comments tonight, it looks like there is ai maintenance issue rather than the work that has been done under the Capital Construction Project. Andy Pinasco, City Attorney agreed to work with the City Manager to see ift there isa an enforceable contract. Ifthere is not, then we would need direction from Council to put together an RFP, and bring it back at the next Council meeting.  City.  portion, of the project.  J. REPORTS AND COMMUNICATIONS FROM CITY ATTORNEY: None K. REPORTS AND COMMUNICATIONS FROM CITY MANAGER:  Jodi Steneck, Finance Report:  First Treasurer's Report in Information Items. The monthly interest for July, 2024 was $72,332 ($20,000 from LAIF). The same time last year the  interest was $1,135.  L. COUNCIL COMMENTS/COMMITTEE REPORIS/FUTURE AGENDA  ITEM:  Councilmember Rhoades:  Air District Meeting - Voted on Budget for 2024-2025.  Senior Engineer for Caltrans looked at the overlay on Main Street, Hwy 104 and 124 done by George Reed. The overlay was done completely wrong and they are doing an investigation. They will be fixing the issues. Amador Fire Protection Meeting - Agreement was made on the distribution Amador Council ofTourism - working on Visitor's Pamphlet, which would Economic Development Meeting scheduled for October 29, 2024 Wastewater Committee Meeting = would like to schedule before September  Councilmember Mitchell:  ofthe Measure M Funds include a map for Amador County  Vice Mayor Wratten:  6,2024    Mayor LaFayne:  Attended Domenico Winery Grand Opening on Saturday, September 14, 2024 along with the Vice Mayor, Diane Wratten, Police Chief, John Alfred and  Sergeant, Carlo Sgroi.  M. CLOSED SESSION: Council adjourned to Closed Session to discuss the CONFERENCE WITH REAL PROPERTY NEGOTIATORS-  following:  1000 Castle Oaks Drive (APN 005-320-034) 1230 Shakeley Lane (APN 005-320-037) Agency Negotiator: George Lee, City Manager Negotiating Parties: Hahn Family Foundation Under Negotiation: Price and Term of Payment  N. REPORT OUT OF CLOSED SESSION: No action to report. CONFERENCE WITH REAL PROPERTY NEGOTIATORS-  1000 Castle Oaks Drive (APN 005-320-034) 1230 Shakeley Lane (APN 005-320-037) Agency Negotiator: George Lee, City Manager Negotiating Parties: Hahn Family Foundation Under Negotiation: Price and Term of Payment  0. - ADJOURNMENT: carried to adjourn. Respectfully submitted, Janice Traverso City Clerk  Moved by Vice Mayor Wratten; seconded by Councilmember Mitchell and    CITY OF IONE COUNCIL MEETING MINUTES  September 17,2024  MayorLaFayne called meeting to order at 6:00 PM Present: Alison LaFayne, Mayor  A. ROLL CALL:  Diane Wratten, Vice Mayor Dominic Atlan, Councilmember Jack Mitchell, Councilmember Stacy Rhoades, Councilmember George Lee, City Manager Andy Pinasco, City Attorney Janice Traverso, City Clerk  Staff:  B. CLOSED SESSION:  Itv was moved by Mayor LaFayne, seconded by Councilmember Atlan and carried to move. Item #1 under Closed Session to the end of the meeting. AYES: LaFayne, Wratten, Atlan, Mitchell, Rhoades  NOES: None ABSENT: None ABSTAIN: None  .CONFERENCE WITH REAL PROPERTY NEGOTIATORS 1000 Castle Oaks Drive (APN 005-320-034) 1230 Shakeley Lane (APN 005-320-037) Agency Negotiator: George Lee, City Manager Negotiating Parties: Hahn Family Foundation Under Negotiation: Price and Term of Payment  C. COUNCIL MOVED TO CLOSED SESSION TO DISCUSS THE 2.CONFERENCE WITHLEGAL COUNSEL-EXISTING LITIGATION Name of Case: Amador Court Case Number 23-CV-13332 - Bernadette Tollettv.  FOLLOWING:  Paragraph (1) of Subdivision (d) of Section 54956.9  City. ofIone  D. REPORT OUT OF CLOSED SESSION - Mayor LaFayne announced that direction was given-nothing to report out Item #2. N MAYORLAFAYNE LED THE PLEDGE OF ALLEGIANCE  D. APPROVAL OF AGENDA: and carried to approve the agenda.  Itwasi moved by Councimember Atlan, seconded by Councilmember Mitchell  AYES: LaFayne, Wratten, Atlan, Mitchell, Rhoades  NOES: None ABSENT: None ABSTAIN: None    E. PRESENTATIONS/ANNOUNCEMENTS: None  F. PUBLIC COMMENT:  Larry Rhoades, Ia attended a recent Sewer Meeting and there was nothing on the agenda regarding the Regional Water Board issuing a work order requires the City to determine which facility has the capacity tol handle the waste streams. Larry Caputo, thanked the Council and City Manager for the job you have done on the negotiations on the Golf Course and keeping it open. Jim Scully, came across an article that was presented to the City September 4, 2024 regarding the City Town Field being on line and eliminating Ponds 6 and 7i in the summer months. We will be using them ini the Winter months when the natural ground water is higher than the clay bowl mobilizing the contaminated water to mushroom out at a much lower level, which has a much higher chance of contaminating wells. Current data does not support ai finding that Ponds 6 and 7 are causing on going impacts. Current data that is not in this report at all. Consider this Tommy Quinn, would like the crosswalks downtown be re-painted because itisa a safety hazard. Vice Mayor Wratten suggested having Caltrans attend a future Council meeting for an update on the recent overlay on Highway 104 and Highway Michelle Gallagher, Amador County Code Enforcement Officer informed the Council of a Recycling Community Event on Friday, November 1,2024 at Pioneer Jim Hawkins, St. Andrews Lane commented on the 61 feet weeds behind his home  al Public Records Request.  124.  Park and River Pinès at the RIP Lot.  that are located on Lot A, which is owned by the City. G.INFORMATION: ITEMS: Information Items - no action taken.  1. August 2024 Fire Department Report 2. August 2024 Police Department Report 3. August 2024 Building Department Report 4. August 2024 WWTP. Report 5. August 2024 Treasurer's Report 6. Update on Rotary Parking Lot H. CONSENT CALENDAR: to approve the following: 1. Warrants - September 17, 2024 NOES: None ABSENT: None ABSTAIN: None  Moved by Vice Mayor Wratten, seconded by Councilmember Rhoades and carried  AYES: LaFayne, Wratten, Atlan, Mitchell, Rhoades    DISCUSSIONITEMS:  For the record: Action minutes provide the necessary documentation of City Council action. For those desiring to hear the full discussions on each item, audio of the meeting is available on the City's website at www.ione-ca.com. These recordings provide an accurate and comprehensive backup of City Council deliberations and citizen  discussions.  I REGULAR AGENDA:  1. Streambed Alteration Agreement Amendment-Biologist Requirement-This requirement came up during the recent Creek Committee Meeting. Krystal Acrieto, Vice Chairman oft the Creek Committee We have an existing Streambed Alteration Agreement with CDFW expiring in 2026, and amended last year to expand the footprint. However, in order to actually do work in the Creek you have a designated Biologist on file approved by CDFW. The motion made by the Creek Committee was to direct staff to reach out to the City Engineer about ac designated biologist and check to see ift there is an option through CalFire or any other authority we might have from the public safety perspective in terms of Jonathan Mitchell, City Engineer we do have a Biologist on staff, but we partner with local Biologists from Calaveras County and we can look at some contracting mechanisms to make that happen. Biologist has to be on site whenever project Direction was given to stafft to coordinate with City Engineer and his partners to get a Biologist as long as it is within the City Manager's funding authority. Councimember Rhoades commented that II have managed Streambed Alteration Permits and the best thing about the City having a Streambed Alteration Permit is 2. Creek Cleaning Resources and Grant Options - Krystal Acierto, some of the things we talked about are longer term in the event that we are not able to geta a Biologist and move forward with Creek cleaning. We talked about the Urban Streams Restoration Program that offers grant for City's that have Creeks running through their City. We have reached to the Department of Water Resources to figure out what Grant options are available. We will be discussing this at an upcoming meeting to prepare us for next year. Mayor LaFayne would like to have updates from the various Committees at Council meetings. 3. Authorize Staff to Proceed with RFQ for Howard Park (CIP) - Vice Mayor Wratten commented that what is needed is a Request for Quotes or a Request for Information. Mayor LaFayne commented that a Traffic Study or any Environmental Impact Report was not aj part of the RFQ, which is needed  maintenance of the levees.  work is happening.  Fish and Wildlife finds the Biologist.    because of the damage being done by the cars when more than one event is Andy Pinasco, City Attorney suggested that defining the scope will help the City Dan Traxler, Chairman, Park & Recreation Commission would like to see the parking situation addressed sooner than later. Also, I would like any recommendation by the Council be brought to the Park & Recreation  happening at the same time.  Manager than what we call the document.  Commission first.  Moved by Vice Mayor Wratten, seconded by Councilmember Atlan and carried to give the City Manager authority to create and distribute an Request for  Information for Howard Park CIP.  AYES: LaFayne, Wratten, Atlan, Mitchell, Rhoades  NOES: None ABSENT: None ABSTAIN: None  4. Re-appoint Fern Day and Appoint Victor Leznik to the Park and Recreation Commission - George Lee, City Manager commented that two appointments were up on the Park & Recreation Commission, Fern Day and Demi Wright. Three applications were received by the. deadline, Fern Day, Demi Wright and Victor Leznik. The applications were reviewed by Mayor LaFayne and Councilmember Dominic Atlan. The decision was made to: re-appoint Fern Day and appoint Victor Leznik to the Park & Recreation Commission. Demi Wright expressed here gratitude to the Council for allowing her to serve as ac Commissioner on the Park & Recreation Commission. WhileI do not think my work is done, but will be cheering from the sidelines. Ilearned my term was up when II happened to look at tonight'sa agenda. A simple acknowledgment of my services would have been appreciated. I hope the Mayor will consider a more thoughtful process of transitions like this a simple acknowledgment of my services would have been appreciated. I wish the new appointee well and hope the work we started continues with dedication and care. Ir remain committed to the well-being of our City and Parks, and hope in the future that all volunteers Jody Maita would like to know whose decision it is when it is time to re-appoint. There seems to be a pattern here, it happened to the Creek Committee that worked very hard for some time and felt disc to the point that they resigned. Larry Rhoades asked why Demi Wright's letter was not in the agenda packet along with the other two that were received. Staff was directed to include letters  feel valued and respected.  from Fern Day and Victor Leznik.    Moved by Vice Mayor Wratten, seconded by Councilmember Atlan and carried toa appoint Fern Day and Victor Leznik to the Park & Recreation Commission. J. REPORTS AND COMMUNICATIONS FROM CITY ATTORNEY: None K. REPORTS AND COMMUNICATIONS FROM CITY MANAGER:  Jonathan Mitchell, City Engineer: within the next two weeks. Councilmember Atlan: Vice Mayor Wratten:  Foothill Blvd. speed survey completed. Signs and stripping will be completed Everyone who serves on the Commission should be receive recognition. Would like a Wastewater Committee Meeting scheduled for October Would like a Finance Committee Meeting scheduled for late October Update on concrete settlement in the Wildflower Subdivision on future  Councilmember Rhoades: agenda. ITEM:  L. COUNCIL COMMENTS/COMMITTEE REPORISFUTURE AGENDA  Everyone who serves on the Commission should be receive recognition. Would like a Wastewater Committee Meeting scheduled for October Would like a Finance Committee Meeting scheduled for late October Update on concrete settlement in the Wildflower Subdivision on future  Vice Mayor Wratten:  Councilmember Rhoades: agenda. following:  M. CLOSED SESSION: Council convened to Closed Session to discuss the .CONFERENCE WITH REAL PROPERTY NEGOTIATORS 1000 Castle Oaks Drive (APN 005-320-034) 1230 Shakeley Lane (APN 005-320-037) Agency Negotiator: George Lee, City Manager Negotiating Parties: Hahn Family Foundation Under Negotiation: Price and Term of] Payment  2.CONFERENCE WITHLEGAL COUNSELEXISTING LITIGATION  ANTICIPATED LITIGATION  Paragraph (1) ofs Subdivision (d) of Section 54956.9) Corrections and Rehabilitation (CDCR)  Name of case: Amador Court Case Number 22-CV-12824 - Amador Regional Sanitation Authority (ARSA) V. City ofIone and California Department of    N. REPORT OUT OF CLOSED SESSION: Mayor LaFayne reported that no  action was taken and no information to report out.  0. ADJOURNMENT: to adjourn.  Moved by Vice Mayor Wratten, seconded by Councilmember Mitchell  Respectfully submitted, Janice Traverso City Clerk    CITY OF IONE COUNCIL MEETING MINUTES  October 1,2024  MavorlaFaynecalled meeting to order at 6:00 PM Present: Alison LaFayne, Mayor  A. ROLL CALL:  Diane Wratten, Vicel Mayor Dominic Atlan, Councilmember Jack Mitchell, Councilmember George Lee, City Manager Andy Pinasco, City Attorney  Absent: Stacy Rhoades, Councilmember Absent: Janice Traverso, City Clerk  Staff:  B. CLOSED SESSION:  Itv was moved by Councilmember Atlan, seconded by Councilmember Mitchell and  carried to move Closed Session to the end oft the meeting. AYES: LaFayne, Wratten, Atlan, Mitchell  NOES: None ABSENT: Rhoades ABSTAIN: None  .CONFERENCE WITH REAL PROPERTY NEGOTIATORS 1000 Castle Oaks Drive (APN 005-320-034) 1230 Shakeley Lane (APN 005-320-037) Agency Negotiator: George Lee, City Manager Negotiating Parties: Hahn Family Foundation Under Negotiation: Price and Term of Payment 2.PUBLIC EMPLOYEE PERFORMANCE EVALUATION C.N MAYOR LAFAYNE LED THE PLEDGE OF ALLEGIANCE  Title: City Manager  D. APPROVAL OF AGENDA: and carried to approve the agenda. AYES: LaFayne, Wratten, Atlan, Mitchell NOES: None ABSENT: Rhoades ABSTAIN: None  Itwas moved by Vice Mayor Wratten, seconded by Councilmember Mitchell  E. PRESENTATIONS/ANNOUNCEMENTS: None  F. PUBLIC COMMENT: None    G.I INFORMATION ITEMS: None H. CONSENT CALENDAR: toa approve the following: 1. Minutes of August 6, 2024 2. Warrants - October 1,2 2024 Memorandum of Understanding AYES: LaFayne, Wratten, Atlan, Mitchell  Moved by Vice Mayor Wratten, seconded by Councilmember Atlan and carried  3. Adoption of Resolution No. 2024-27 approving Ione Police Officers' Association  NOES: None ABSENT: Rhoades ABSTAIN: None DISCUSSION ITEMS:  For the record: Action minutes provide the necessary documentation of City Council action. For those desiring to hear the full discussions on each item, audio of the meeting is available on the City's website at www.ione-ca.com. These recordings provide an accurate and comprehensive backup of City Council deliberations and citizen  discussions.  I. REGULAR AGENDA:  1. CalTrans Update on Roadway Maintenance Project on State Route 104 and 124- CalTrans is preparing to perform corrective treatment of recent chip seal pavement work completed on State Routes 104 and 124 near the City of] Ione. Work is tentatively scheduled to begin at 8:00 PM on October 9, 2024 and continue all day October 10, 2024 until 8:00 PM. The project will have repaired damaged sections ofthe roadway surface, replaced existing drainage inlets to reduce potential stormwater pooling on the roadway, and refreshed all pavement striping and delineation. Vice Mayor Wratten thanked Tony Presto, CalTrans for getting back 2. Update on. Planning Contract with Susan Peters - There was discussion by Council on the On-Call Planning Services Agreement with Susan Peters signed September 7,2023. The following invoices were received for Planning Services:  to the City timely and efficiently.  S September - November, 2023 - $1,550.00 December - February 2024-S $4,150.00 March - June 2024-$4,550.00 July - August, 2024-$ $3,537.50  Total services since September 7, 2023-$13,787.50  Vice Mayor Wratten commented that we: need to get a contract City Planner on staff. In the interim while we develop the RFP, Iwould like to look at extending Susan Peters contract and invite her to bid on the contract position as well sO we  are not without a City Planning.    After discussion by Council, it was moved Vice Mayor Wratten, seconded by Councilmember Atlan to extend the current City Planner's Contract, develop a RFP and invite Susan Peters to please participate in that process.  AYES: LaFayne, Wratten, Atlan, Mitchell  NOES: None ABSENT: Rhoades ABSTAIN: None  J. REPORTS AND COMMUNICATIONS FROM CITY ATTORNEY: None K. REPORTS AND COMMUNICATIONS FROM CITY MANAGER:  Construction of Basketball Courts approved by Park & Recreation Commission and will be on next City Council Agenda. Salinas Mitchell, continues to do a great job sphere heading all recreation activities including the Softball League and Music in the Park Andrea Bonham, has helped with Ad Hoc Committee for the Arena, as well as helping in the Finance Department. Michael Ormsby, Finance Manager will be introduced to the Council in the near future. Chief Alfred, Chiefl Mackey and Debbie Mackey worked tiredlessly to make the City function and hopefully, will have some positive news in the near In September, the City received $47,527 in interest and since April1,2024  future.  has generated $244,537 in interest income.  L. COUNCIL COMMENTS/COMMITTEE REPORIS/UTURE AGENDA  ITEM:  Councilmember Atlan:  Thanked the Fire Department for cutting the weeds on Lot A at Castle Oaks Would like to get caught up on the Audits even ifit means hiring extra help. Discussion on: future maintenance oft the park, tractor repair, improvements for drainage, need for traffic flow, charge for future events, and arena manager September 24, 2024 and September 27, 2024 Park & Recreation Discussion on turning one oft the Basketball Court at Howard Park into a Pickle Ball Court, renewal of agreements with Amador County Little League, MLYSL Agreement, Basketball Court at Perry Earl Park, purchase of Arena Vice Mayor Wratten asked that the fencing at Howard Park on the Wildflower Subdivision side be on the next Park & Recreation Agenda to replace the one that was taken down, which should help with the complaints received by the Air Quality Board. Public Works is getting quotes on the replacing the fence.  Dan' Traxler, Chairman, Park & Recreation Commission: September 18, 2024. Ad Hoc. Arena Committee:  Commission:  Groomer, Parking Lot at Howard Park, 4HA Agreement.    Councilmember Mitchell: on the Visitor Map that attended. Mayor LaFayne: may be needed.  Attended Tourism Meeting-radio, television co-op opportunities and working Attended the Corey Shearer Memorial Bench dedication and thanked everyone Memorial Bench for the Owens Family was vandalized - second police camera  M. CLOSED SESSION: Council adjourned to Closed Session to discuss the .CONFERENCE WITH REAL PROPERTY NEGOTIATORS 1000 Castle Oaks Drive (APN 005-320-034) 1230 Shakeley Lane (APN 005-320-037) Agency Negotiator: George Lee, City Manager Negotiating Parties: Hahn Family Foundation Under Negotiation: Price and Term of Payment  following:  2.CONFERENCE WITHLEGAL COUNSEL-EXISTING LITIGATION  ANTICIPATED LITIGATION  Paragraph (1) of Subdivision (d) of Section 54956.9) Corrections and Rehabilitation (CDCR)  Name of case: Amador Court Case Number 22-CV-12824 - Amador Regional Sanitation Authority (ARSA) V.. City ofIone and California Department of  N. REPORT OUT OF CLOSED SESSION: Mayor LaFayne announced that no  action was taken, direction was given on the following: .CONFERENCE WITH REAL PROPERTY NEGOTIATORS 1000 Castle Oaks Drive (APN 005-320-034) 1230 Shakeley Lane (APN 005-320-037) Agency Negotiator: George Lee, City Manager Negotiating Parties: Hahn Family Foundation Under Negotiation: Price and Term of Payment  2.CONFERENCE WITHLEGAL COUNSEL-EXISTING LITIGATION  ANTICIPATED LITIGATION  Paragraph (1) of Subdivision (d) of Section 54956.9) Corrections and Rehabilitation (CDCR)  Name of case: Amador Court Case Number 22-CV-12824 - Amador Regional Sanitation Authority (ARSA) V. City ofl Ione and California Department of    N. ADJOURNMENT: to adjourn.  Moved by Councilmember Mitchell, seconded Vice Mayor Wratten and carried  Respectfully submitted, Janice Traverso City Clerk    Agenda Item #I.2.  f    o  o    0o    o    o  o  000  o    GR68 ESR    6  N    o  à 8    388888888888888888888888888888885  :  :    2  2  388888888888888888888888888888888888  26      2  88  8    Agenda Item #I.3.  RESOLUTION NO. 2024-30  AJ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IONE: PROHIBITING PARKING ON A PORTION OF MAIN STREET DURING THE. AMADOR COUNTY WHEREAS, the Amador County Little League West (ACLLW) Opening Day Parade celebrates the commencement of Amador County's little league baseball season; and WHEREAS, the requested parking prohibition is for the safety oft the participants, children, volunteers and spectators along the route. The Parade is scheduled between 8. A.M. and  LITTLE: LEAGUE WEST OPENING DAY PARADE  8:30. A.M. on Saturday, March 29th, 2025; and  WHEREAS, staff has worked with the lone Police Department and California Department ofTransportation (Caltrans) to secure the necessary permit and coordinate logistics. NOW THEREFORE BE IT RESOLVED, by the City Council oft the City of lone that  the following section of Main Street in the City of lone be closed to parking: On Saturday, March 29th, 2025, both sides ofl Main Street from South Church Street and Highway 124 to South lone Street and Highway 104 from 7:30. A.M. to 8:30 A.M. for the  ACLLW Parade; and  BE IT FURTHER RESOLVED, that this closure to parking is being done pursuant to Section 22506 oft the Vehicle Code of the State of California and therefore the Chiefof Police of  the City ofl lone is directed to do the following:  a. Obtain signs required by Section 22507 oft the Vehicle Code; b. Obtain approval of the proposed form oft this resolution by the California Department of" Transportation (Caltrans) pursuant to Section 22506 oft the Vehicle  Code; and  BEI ITI FURTHER RESOLVED, that the City ofl lone Police Department is hereby given the right to remove vehicles pursuant to Section 22651(n) ofs said Vehicle Code following the installation of signs giving notice ofs said removal during the period of time covered by the  resolution.  The foregoing resolution was introduced and adopted by the City Council oft the City of  Ione at their regular meeting held on December 3rd, 2024 by the following vote:  AYES: NOES: ABSTAIN: ABSENT:  Alison LaFayne, Mayor  Attest:  Janice Traverso, City Clerk    Agenda Item I.4.  RESOLUTION NO. 2024-31  Al RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IONE ADOPTING THE 2024 CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act (PRA)(Gov. Code, $ 81000, et seq.) requires all public agencies to adopt a conflict ofi interest code (Code) and to review the Code every other  year; and 2022; and  WHEREAS, the City Council oft the City of Ione last adopted a Code on October 4, WHEREAS, the City Council of the City of Ione has determined that no substantive WHEREAS, the 2022 Conflict ofl Interest Code is being revised to update the current WHEREAS, the City Council oft the City of Ione provided notice of this resolution to the public and all affected designated employees, and held aj public meeting on the proposed Code  revisions to the Conflict ofInterest Code are required at this time; and  year; and  on December 3, 2024.  NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City ofI Ione does hereby adopt the 2024 Code, attached hereto as. Attachment A (2024 List of] Designated  Positions) and Attachment B (2024 Disclosure Categories) thereto.  BEI IT FURTHER RESOLVED by the City Council ofthe City of] Ione that this Resolution and the Code attached as Attachments A and B shall supersede and replace all  previous resolutions adopted by the City ofl Ione.  BEI ITI FURTHER RESOLVED by the City Council ofthe City of Ione that the Council directs that the Conflict ofI Interest Code shall be revised when circumstances require revision and, pursuant to Government Code section 87306.5, at a minimum shall be reviewed and  updated as necessary in even-numbered years.  The foregoing resolution was duly introduced and adopted by the City Council oft the City ofI Ione at their regular meeting held on December 3, 2024, by the following vote:  AYES: NOES: ABSTAIN: ABSENT: ATTEST:  Alison LaFayne, Mayor  Janice Traverso, City Clerk    CITY OF IONE  2024 CONFLICT OF INTEREST CODE  Section 1.0 Purpose. Pursuant to the provisions of Government Code Section 87300, the City Council of the City of Ione approves and adopts this Conflict of Interest Code. This Code is noti intended to modify or abridge the provisions oft the Political Reform Act of1974 (the "Act") (Government Code Section 81000, et seq.). The requirements ofthis Code are in addition to the requirements oft the Act and other laws pertaining to conflicts ofinterest. Except as otherwise indicated, the definitions contained in the Act and the Regulations oft the Fair Political Practices Commission (2 Cal. Code of Regulations, (sections 18100, et seq.) are incorporated by reference to this Code. Section 2.0 Incorporation by) Reference. Title 2, section 18730 oft the California Code ofRegulations, and any amendments thereto duly adopted by the Fair Political Practices Section 3.0 Designated Positions and Employees. The positions listed in Attachment A to this Code are designated positions. Persons holding designated positions are designated employees under this Code. It has been determined that persons holding designated positions may, because of the duties and authority assigned to each designated position, be placed in the position ofr making one or more decisions from which they must disqualify themselves because the decision may foreseeably have a material effect onone Section 4.0 Disclosure Categories. Each designated position is assigned one oft the disclosure categories described and set forth in Attachment B to this Code. Each designated employee shall file an annual statement disclosing that person's interest in investments, real property, and income, designated as reportable under the disclosure  Commission, are fully incorporated herein by reference.  or more of their financial interests.  category to which the person's position is assigned. Section 5.0 Place and Time of Filing.  (a) Place of Filing. All persons required to submit a Statement of Economic Interests shall file the original with the City of Ione City Clerk. (b) Retention of Statements. The City Clerk shall retain the original Statements of (c) Assuming Office Statements. All persons appointed, promoted or transferred to designated positions shall file assuming office statements within 30 days after (d) Annual Statements. Annual statements shall be filed by all designated  Economic Interests.  assuming the designated position. employees no later than April 1.  Pagelof4    (e) Leaving Office Statements. All persons who leave designated positions shall Section 6.0 Content and Period Covered by Statements of Economic Interests. (a) Form. Disclosure statements shall be made on forms supplied by, or meeting the requirements of, the City Clerk (Statement of Economic Interests form) and shall disclose the information identified in Title 2, section 18730 oft the California Code of] Regulations, that is subject to disclosure based on the employee's (b) Contents ofl Initial Statements. Initial statements shall disclose any reportable investments, interests in real property, and business positions held on the effective date oft the Code and income received during the 12 months prior to the (c) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office and income received during the 12 (d) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by aj person's first annual statement shall begin on the effective date of (e) Contents ofLeaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last  file statements within 30 days after leaving office.  disclosure category.  effective date of the Code.  months prior to the date of assuming office.  the Code or the date ofassuming office, whichever is later.  statement filed and the date of! leaving office.  Section 7.0 Disqualification. No designated employee shall make, participate in making, or in any way attempt to use. his or her official position to influence the making ofany governmental decision which he or she knows or has reason to know will havea reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or employee or a member ofhis or her immediate family, ora an interest identified in California Code of Regulations, title 2, section 18730. Section 8.0 Manner of Disqualification. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act must be accompanied by disclosure oft the disqualifying interest. In the case ofa a voting body, this determination and disclosure shall be made part oft the City's official record; in the case of an official or employee who is the head of an agency, this determination and disclosure shall be made in writing to his  Page2of4    or her appointing authority; and in the case ofc other officials or employees, this determination shall be made in writing to the designated official's or employee's Additionally, if an official in this Code determines not to act because ofa disqualifying financial interest, this determination must be accompanied by disclosure of the financial interest, made part oft the City's official record, or made in writing to the official's supervisor or to the appointing power. (2Cal. Code Regs. 18702.1(a)(5); Bennett Advice Letter, No. A-98-239.) A Disclosure of Financial Interests form is attached hereto for We caution public officials, however, not to rely on the form to determine whether rhty have a conflict ofi interest, in that the laws related to conflicts ofi interest are comprehensive and fact intensive. Rather, this form is to be completed and filed after an independent determination that a conflict exists has been made. Once completed, these forms should be filed with the City Clerk. When a disqualification is made orally, and on the record in a public proceeding, such a disqualification should be made in the following Investment, "I disqualify myself from this item because iti is reasonably foreseeable that (name ofbusiness entity) in which Ihave an investment interest, will' be materially Real Property, "I disqualify myself from this item because it is reasonably foreseeable that my real property, which is located in the City ofIone and within 500 feet oft the Income, "I disqualify myself from this item because it is reasonably foreseeable that (name of entity or individual), which is a source ofi income to me, will be materially Business Position, "I disqualify myself from this item because it is reasonably foreseeable that (name oft business or entity), which Ia am a (director, officer, partner, trustee, employee, orl hold a management position, etc.), will be materially affected by Gift, "I disqualify myself from this item because it is reasonably foreseeable that (name ofentity or individual), which is the donor ofa gift to me, will be materially affected by Section 9.0 Assistance. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission or from the City Attorney, provided that nothing in this section requires the City Attorney to  supervisor.  your convenience.  form:  affected by this decision."  project, will be materially affected by this decision."  affected by this decision."  this decision."  this decision."  issue any formal or informal opinion.  Page 3of4    Section 10.0 Violations. This codel has the force and effect ofl law. Designated employees violating any provision oft this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act. In addition, a decision in relation to which a violation oft the disqualification provisions of this code has occurred may be set aside as void pursuant to Government Code section 91003.  Amended: December 3, 2024  Page 4of4    CITY OF IONE ATTACHMENT. A  2024 CONFLICT OF INTEREST CODE 2024 LIST OF DESIGNATED POSITIONS  Elected officials, members ofboard and commissions appointed by the City Council, consultants and City employees holding designated positions as stated below subject to reporting requirements under the Conflict of Interest Code, and shall disclose financial interests as set  forth:  CITY MANAGER CITY ATTORNEY CITY CLERK CITY TREASURER POLICE CHIEF FIRE CHIEF ACCOUNTING TECHNICIAN FIRE CAPTAIN ASSISTANTFIRE CHIEF POLICE SERGEANT CHIEF WASTEWATER OPERATOR CITY ENGINEER CITY PLANNER FINANCE. MANAGER  BUILDINGINSPECTOR/PUBLIC WORKS PROJECT MANAGER  STREET AND. PARK MAINTENANCESUPERVISOR  The awarding ofa particular consultant contract shall require a particular consultant to filea Statement of Economic Interests ifthe City Manager finds that a consultant will:  (A) Make a government decision to: (1) Approve a rate, rule or regulations; or (2) Adopt or enforce al law; or  (3) Issue, deny, suspend or revoke any permit, license, application, certificate, order or similar authorization or entitlement; or (4) Authorize the City to enter into, modify or renew a contract provided it is the type ofcontract which requires City approval; or (5) Grant City approval to a contract or to the specifications for a contract, which requires City approval and to which the City is a party; or (6) Grant City approval to a plan, design, report, study or similar term; or (7) Adopt or grant approval of policies, standards or guidelines for the City; or (8) Serve in a staff capacity with the City and in that capacity performs the same or substantially all of the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest  Code.  lof2    CITY OF IONE 2024 DISCLOSURE CATEGORIES ATTACHMENT B  Full Disclosure  all officials and employees designated in  Unless otherwise specified herein, City Attachment. A to the City ofI Ione Conflict ofInterest entities and non-profit organizations in which they have an investment area director, officer, partner, trustee, employee or hold any position ofr management; interests in real property; and all sources ofi income, including gifts, loans and travel  Code shall disclose all business  or in which  they all  payments.  Fire Captain shall disclose any interest in commercial, industrial, or institutional real The Fire Captain residential rental property consisting oft three or more units; or any other category shall disclose business entities or non-profit organizations investment or in which they are a director, officer, partner, trustee, employee or holda any position of management; and income, including gifts, loans and travel payments; ifthe business entity, non-profit organization or source ofi income owns, manages or operates property oft the type subject to fire inspection; ori if the business entity, non-profit organization or source ofi income manufactures, distributes, sells, leases or otherwise provides goods, equipment, or services oft the type utilized by the Fire Department. Street and Park Maintenance Supervisor shall disclose any interest in business The Street and Park Maintenance Supervisor in which they have an investment or in whicht they are entities or non-profit organizations trustee, employee, or hold any position ofr management, and ad director, officer, partner, loans and travel payments; if the business entity, non-profit leases or otherwise provides goods or services oft the type by any program oft the City Maintenance Department; or if the business entity, non-profit organization or source ofincome (1) owns, operates including but not limitedto utility, or (3)is in the building or construction industry, subcontractors, materials  property; in  fire  In addition, designated employees assigned tot this  property subject to inspection.  in which they! have an  income including gifts,  the which manufactures, distributes, sells,  organization or source ofi income is oft type  used  division or  or manages real property, or Q)isa  architects, engineers, building construction contractors or  suppliers, or consultants.  Accounting Technician Technician shall disclose any interest in business entities or non-profit The Accounting in which they have an investment or in which they are a director, officer, organizations trustee, employee, or hold any position of management; and income including gifts, partner, loans and travel payments; if the business entity, non-profit organization or source ofincome is of the type which manufactures, distributes, sells, leases or otherwise  provides goods or services oft the type used by the City.  2of2    Agenda Item #J.1.  Tourism  Totall TMDI Budget WITHTOTFundingi is expected tol be $300,000 annually  Marketing District  Admin 10%  Reserves 10%  Collections 3%  ACT will manage the marketing as the DMO forthe 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 county TOT TMD willfocus on promoting lodging, short- term stays, and mid-week overnights. County TOT funds will be used to promote all tourism in Amador, boosting tourist spendingand county revenue. ACT'will continue to secure additional funding from the incorporated Cities TOT followingthe election, as many seats will  unchanged.  funds.  Marketing 7%  Proposed Spendingly Category  change.  ACT  TOT FUNDING  TMD  ACTwill 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 ACTto2/3ofthe minimum funding of other California DMOS  AAMADOR AMADOR COUNCIL OF TOURISM    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) 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 in the summary of the  Management District Plan attached hereto as Exhibit A. Business Establishment & Address  Business Owner  The undersigned is thel business owner or the authorized representative of the business owner andi is  the person legallyauthorized. and entitled to sign this petition.  Owner, /Owner Representative Name (printed)  Title  Owner/Owner Representative Signature  Date  Acomplete copy of the Management District Planw willl bef furnished uponrequest. Requestsi forac complete  copy of the Management District Plans should be made to:  Amador Council of Tourism Laura Waltz POI Box 40 Sutter Creek, CA 95685 (831)431-0505    EXHIBIT A  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%) 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) consecutive days; stays by government employees on government business; and stays pursuant to contracts executed priort 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 as soon as possible thereafter, and ending five (5) years from its start date. After five (5) years, the ACTMDI may ber renewed pursuant tot the Property and Business Improvement District Law of 1994, Streets and Highways Code: section 36600 et seq. if business owners support  included herein.  Services:  destinations, thereby increasing demand for room night sales.  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 in 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.    EXHIBIT A  MANAGEMENT DISTRICT PLAN: SUMMARY  Boundary Map Amador County Tourism Marketing District  EIDorado County  Sacramehto County  Amador County  Amador Cityof Cityof City  104 Cayof  Calaiveras County  Tuolumne County  San, Joaquin County  CIVITAS    2025-2030  AMADOR COUNTY TOURISM MARKETING  DISTRICT  MANAGEMENT DISTRICT PLAN  Prepared pursuant to the Property and Business Improvement District Law of  June 6 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. ASSESSMENTI BUDGET AND SERVICES.  California Constitutional Compliance E. Overdue Charges and Interest. F. Time and Manner for Collecting Assessments.  0 11  OVERNANCE. A. Owners' Association. Annual Report.. APPENDIXI-LAW.  B. Brown Act and California Public Records Act Compliance  12 24  APPENDIX2-A ASSESSED BUSINESSES.  Prepared by Civitas  CIVITAS NERSHIPS PROGRESS PROSPERITY (800)999-7781 ww.divitmsadwisos.com    I. OVERVIEW  Developed by Amador County businesses and the Amador Council ofTourism (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  benefits of additional room night sales directly 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 thel boundaries ofthe 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 toj 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, thereby increasing demand for room night sales. 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 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) consecutive days; stays by government employees on government business; and stays pursuant to contracts executed prior to the formation At third-party collection agency will be responsible for collecting the assessment on a 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, oras 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 of1 1994, Streets and Highways Code section 36600 et seq. (94Law) ifbusiness owners support continuing the ACTMD programs.  the map in Section III.  Services:  Budget:  and as businesses open and close.  Cost:  oft the ACTMD.  Collection:  assessed business located in the boundaries oft the. ACTMD.  Duration:  Management: The ACT: shall serve as the ACTMD's Owner's Association. The Owners' Association  is charged with managing funds and implementing programs in accordance with this Plan and must provide annual reports to the County Board of Supervisors.  ACTMD Management District Plan  3  KMDP_datey    II. BACKGROUND  TMDs are: an evolution oft the traditional Business Improvement District. The first TMD was formed in 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 other states are in the process of adopting their own legislation. The cities of Wichita, Kansas and Newark, New Jersey used an existing business improvement district law to form a TMD. Additionally, some cities, like Portland, Oregon and Memphis, Tennessee have utilized  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, iti is important that Amador County lodging businesses and short-term rentals continue to invest in stable, commerce-specitic marketing programs. TMDs utilize the efficiencies of market-based promotion of  Number of Districts Operating in  California  destination  marketing. With  120 100 80 60 40 20  99 1DAlIOl 88 61 70 46 29 32 19 25 12  6 7A77777 private sector operation in the 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 941 Law. This law allows for the creation ofa benefit assessment district to raise funds within a specific geographic area. The key difference between TMDs and other benefit assessment districts is that finds raised are returned to the private mon-profit  services that increase commerce.  corporation governing the district. 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, Ione, Jackson, Plymouth, and Sutter Creek and the unincorporated areas of the Lodging business means: any structure, or any portion ofany 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 ofai 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 thereof.  section 25132.  Amador County Tourism Marketing District  EiDorado County  Sacramehto County  Cryof Plymouth Amador Cityof 124 Cityof Creek Cyof  Amador County  104  Calalveras County  Tuolumne County  San Joaquin County  CIVITAS  IV. ASSESSMENT BUDGET AND SERVICES  ACTMD Management District Plan  5  <<MDP datex    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 illustrates 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%  CollectionF Fee, $6,000,3%  Sales and Marketing, $154,000,779  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%6) 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 time dedicated to 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  <<MDP_ datex    Sales and Marketing  A sales and marketing program will promote assessed businesses as tourist, meeting, and event destinations. The sales and marketing program will havea central theme ofpromoting AmadorC County as a desirable place for overnight visits. The program will have the 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 ofa assessed businesses; maps featuring assessed businesses;  Preparation and production of collateral promotional materials such as brochures, flyers, and Attendance of professional 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 ofl hospitality staff on service and safety designed to create a visitor experience that Education of] lodging business management and the ACT on marketing strategies best suited Community organization grants to promote events and activities that target potential visitors  businesses;  efforts for assessed businesses; will bring repeat visits to assessed businesses; ton meet assessed business' needs; and  to drive overnight visitation and room sales to assessed businesses.  Administration and Operations  The administration and operations portion of the budget shall be 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  The budget includes a contingency line item to account for uncollected assessments, ifa any. Ift 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 of the ACT Board. Policies relating to contributions tot the reserve fund, the target amount of the reserve fund, and expenditure oft monies from the reserve fund shall be set by the. ACT Board. Contingency/teserve funds may be spent on. ACTMDprograms ora administrative and renewal costs ins such proportions as determined by the ACTI Board. Thei reserve  fund may be used for the costs of renewing the ACTMD.  ACTMD Management District Plan  7  KMDP_dater    B. Annual Budget  The total five (5) year improvement and service plan budget is projected at approximately $200,000 annually, or approximately $1,500,000 through 2030. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do and as businesses open and  close.  C.C California Constitutional Compliance  The ACTMD assessment is not a property-based 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 government service." Both require that the costs ofbenefits 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 specific benefit 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 thes 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 ofincreased demand for room night sales directly to 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 imposed by this ACTMD is for a specific benefit conferred directly 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 marketing and sales programs will be designed to 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 considered: a specific benefit. Thel 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 City of San Diego 72 Cal App. 4th2 230 2Cal. Const. art XIII CS 1(e)(1) ACTMD Management District Plan KMDP_daten  8    as a 'specific benefit' merely 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  2. Specific Government Service  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." .4 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 26. 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  3. Reasonable Cost  ACTMD services will bei implemented carefully to ensure they do not exceed the reasonable cost of such services. The full amount assessed will be used toj provide the services 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 sales leads generated 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 and benefits. The ACTMD-funded programs are all targeted directly at and feature only assessed businesses. Itis, however, possible that there will be a spill over benefit to non-assessed businesses. 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  generates incidental room nights for non-assessed businesses.  D. Assessment  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) consecutive days; stays by government employees on government business; and stays pursuant to The assessment was calculated based on the total cost of the activities to be provided for the benefit oft the businesses within the. ACTMD with costs allocated based on thej proportional benefit conferred to each 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 ofg greater benefit than a lower priced room: night because the assessee derives greater revenue. Toaccount fort thisl benefit differential and to make sure 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  contracts executed prior to the formation of the. ACTMD.  nights.  3 Government Code $53758(a) *Cal. Const. art XIICS1 1(e)(2) 5 Govemment Code $53758(b) 6( Goverment Code $ 53758(b) ACTMD Management District Plan K<MDP dater  9    The term "gross short-term sleeping room rental revenue" as used herein means: the consideration charged, whether or not received, for the occupancy ofs space in a hotel or short term rental, valued in money, whether tol be receivedi in money,goods, labor or otherwise,including: all receipts, cash,credits, and property and services ofany kind or nature, without any deduction therefrom whatsoever. Gross short-term sleeping room rental revenue shall not include any federal, state or local taxes collected, The assessment is levied upon and a direct obligation of 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 oft the ACTMD assessment and the amount of the assessment imposed pursuant to the California Tourism Marketing Act, Government Code 13995et seq. and shall be disclosed as the "Tourism Assessment." The assessment is imposed solely upon, andi is thes sole obligation of the assessed business even ifitis 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 bei issued.  E. Overdue Charges and Interest  The ACTMD shall reimburse the third-party collection agency fora 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 Delinquengy 2. Continued, Delinguengy 3. Fraud 4. Interest  F. Time and Manner for Collecting Assessments  The ACTMD 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, to 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: a public entity for any purpose, nor may its board members ors staffl be considered tol be public officials for any purpose. The Owners' Association is, however, subject to government regulations relating to transparency, namely thel Ralph M. Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners' Association acts as al 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 orabstention on that action of each member present for the action. The Owners' Association is also subject to the record keeping and disclosure requirements oft the California Public Records Act.  C.A Annual Report  The ACT shall present an annual report at the end of each year of operation to the County pursuant to Streets and Highways Code $36650 (see. Appendix 1). The annual report shall include: Any proposed changes in the boundaries of thei 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 a previous The estimated amount of any contributions to be made from sources other than assessments  or classification ofbusinesses 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_date    APPENDIXI-LAW  ***THISI DOCUMENT IS CURRENT THROUGH THE: 2023 EXTRA SESSION CH1, 20231 REGULAR  SESSION CH. 890*** ALL/D3LEGISLATION) STREETS. ANDI HIGHWAYS CODE DIVISION 18. PARKING CHAPTER 1. General Provisions ARTICLE1 1. Declarations  PART7. PROPERTY ANDI BUSINESS IMPROVEMENT DISTRICT! LAWOF1994  36600. Citation of part  This part shall be known andi may be cited as the "Property and Business Improvement District Law of 1994."  36601. Legislative findings and declarations; Legislative guidance The Legislature finds and declares all of the following:  (a) Businesses located and operating within business districts ins some ofthis state's communities are economically disadvantaged, are underutilized, anda are unable to attract customers due toi inadequate (b) Itisi int the public interest toj promote the economic revitalization andj physical maintenance ofbusiness districts in order to createj 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 thel levy of assessments upon the businesses orI real property that (d) Assessments levied for the purpose of conferring special benefit upont the real property or as specific benefit upon the businesses in al business district are not taxes for the general benefit ofac 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 state 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 anda an 8-percent reduction int the total incidence of violent crimes within  facilities, services, and activitiesi int the business districts.  receive benefits from those 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) New investments.  (f) With the dissolution of 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 oft this act, the people of California have adopted Proposition 218, which added Article XIIII D1 to the Constitution in ordert top place certain requirements and restrictions ont the formation of, and activities, expenditures, and assessments by property-based districts. Article. XIIII D ofthe Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amendingt this section isi intended toj provide the Legislature's guidance with regard to this act, its interaction with the provisions of Article XIII D oft the Constitution, and the determination ofs special (1) The lack ofl legislative guidance has resulted in uncertainty and inconsistent application oft this act, which discourages the use of assessments to fund neededi improvements, maintenance, and activities inj property-based districts, contributingt to blight and other underutilization ofp property.  benefits inj property-based districts.  ACTMD Management District Plan  12  <MDP_ dater    (2) Activities undertaken for the purpose of conferring special benefits upon property to be assessedi inherently produce incidental or collateral effects that benefit property or persons not assessed. Therefore, fors special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects oft those special benefits arei inherently part ofthose special benefits. The mere 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 andt the proper determination ofs special benefits. Legislative clarity with regard tot this act will provide districts with cleari instructions and courts with legislative intent regarding restrictions on property-based: assessments, and the manner  theiri incidental or collateral effects into general benefits.  in which special benefits should be determined.  36602. Purpose of part  Thej purpose of this part ist to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform toa all constitutional requirements and are determined and assessed in accordance with the guidance set forthi in this act. This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of 36603. Preemption of authority or charter city to adopt ordinances levying assessments Nothing in this parti isi intended toj preempt the authority ofa 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 to this parti is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with  improvements or activities ort the raising of revenue for these purposes.  Section 2800)).  36603.5 Part prevails over conflicting provisions as to districts created under this part. 36604. Severability  Any provision oft this part that conflicts with any other provision ofl laws shall prevail over the other provision ofl law,  This part is intended tol be construed liberally and, ifany provision is heldi invalid, the remaining provisions shall  remain in full force and effect. Assessments levied under this part are not special taxes.  ARTICLE2. Definitions  36606. Activities"  "Activities" means, buti is not limited to, all ofthe following that benefit businesses or real property in the district:  (a) Promotion of public events. (b) Furnishing of musici in any public place. (c) Promotion oft tourism within the district.  (d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental tot those normally provided by the municipality. (f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district.  36606.5. "Assessment" businessi improvement district. ACTMD Management District Plan <<MDP dater  "Assessment" means al levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits toj properties or businesses located within a property and  13    36607. Business" 36608. "City"  "Business". means all types ofbusinesses and includes financial institutions and professions.  "City" means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 70 ofTitle 1 of the Government Code, the public member agencies of which  includes only cities, counties, ora city and county, or the State ofCaliforia.  36609. "City council"  "City council" means the city council ofa city or the board ofs supervisors ofa county, ort the agency, commission, or board created pursuant to aj joint powers agreement and whichi is a city within the meaning of this part.  36609.4. "Clerk"  "Clerk" means the clerk oft thel legislative body. 36609.5. "General benefit" defined in Section 36615.5. 36610. "Improvement"  "General benefit" means, for purposes ofap property-based district, any benefit. that is not a' "special benefit"as  "Improvement" means the: acquisition, construction, installation, or maintenance of any tangible property with an  estimated useful life of five years or morei including, but not limited to, the following: (b) Benches, booths, kiosks, display cases, pedestrian shelters and signs.  (a) Parking facilities. (c) Trash receptacles and public restrooms. (d) Lighting and heating facilities. (e) Decorations. (f) Parks. (g) Fountains. (h) Planting areas.  () Closing, opening, widening, or narrowing of existing streets. (k) Ramps, sidewalks, plazas, and pedestrian malls. (I) Rehabilitation or removal of existing structures.  () Facilities or equipment, or both, to enhance security of 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 a private nonprofit entity that is under contract with a city to administer ori implement improvements, maintenance, and activities specified int ther management district plan. An owners' association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners' associationi is a private entity and may not be considered: aj public entity for any purpose, nor may its board members or staffb be considered to be public officials for any purpose. Notwithstanding this section, an owners' association shall comply witht the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) ofl Part 1 ofDivision: 2 ofTitle 5 of the Government Code), at all times when matters within the subject matter ofthe district are heard, discussed, or deliberated, and witht the California Public Records Act (Division 10 (commencing with Section 7920.000)ofTitle 1 ofthe  Government Code), for all records relating to activities oft the district.  36614. "Property" KMDP_daten  ACTMD Management District Plan  14    "Property" means real property situated within a district. 36614.5. "Property and business improvement district";"District"  "Property and business improvement district," or' "district," means a property and business improvement district  established pursuant tot 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 districti in which a city levies ap property-based: assessment.  36615. "Property owner"; "Business owner";"Owner"  "Property owner" means any person shown as the owner ofl land on the last equalized assessment roll or otherwise known to bet the owner ofl land by the city council. "Business owner" means any person recognized byt the city ast the owner oft the business. "Owner" means either al business owner or aj 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 be final and conclusive for thej purposes ofthis part. Wherever this part requires thes signature oft the property owner, the signature of the authorized agent of 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 ofay property-based district, aj particular and distinct benefit over and above general benefits conferred oni real property locatedi ina a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities ofproperty- based districts even: ift those incidental or collateral effects benefit property or persons not assessed. Special benefit (b) "Special benefit" alsoi includes, for purposes ofaj property-based district, a particular and distinct benefit provided directly toe 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 a lease of commercial space or a 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 off financing certaini improvements and activities. Thej provisions oft this part shall not affect or limit any other provisions of law authorizing or providing fort the furnishing of improvements or activities or thet raising ofr revenue for these purposes. Every improvement: area established pursuant to the Parking and] Business Improvement Areal Law of 1989 (Part6 (commencing with Section 36500) oft this division) is  ARTICLE: 31 Prior Law  valid ande effective andi is unaffected by this part.  CHAPTER 2. Establishment  36620. Establishment of property and business improvement district  Ap property and business improvement district may be established as provided in this chapter.  36620.5. Requirement ofconsent of city council ACTMD Management District Plan  15  KMDP dater    A county may not form a district within the territorial jurisdiction ofa city without the consent oft the city council of that city. A city may not form a district within the unincorporatedi territory ofa county without the consent ofthe board ofs supervisors of that county. A city may not form a district within the territorial jurisdiction ofanother city 36621. Initiation of proceedings; Petition of property or business ownersi in proposed district  without the consent oft the city council of the other city.  (a) Upon thes submission ofa written petition, signed! by the property or business owners in the proposed district who will pay more than 50j percent oft the assessments proposedt to be levied, the city council may initiate proceedings toi forma a district by the adoption ofa resolution expressing its intention toi form a district. The amount of assessment attributable to property or a business owned by the same property or business owner thati isi ine excess of 40 percent oft the amount of all assessments proposed to be levied, shall not bei included in determining whether the petition is signed by property or business owners who will pay (b) Thej petition ofp property or business owners required under subdivision (a) shall include as 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 ofi intention described in subdivision (a) shall contain all oft the following: (1) A brief description oft the proposed improvements, maintenance, and activities, the amount of the proposed assessment, as statement as to whether the assessment will be levied onj property or businesses within the district, a statement. as to whether bonds will bei issued, and a description of the exterior boundaries oft the proposed district, which may be made by reference to any plan or mapt that is oni file with the clerk. The descriptions and statements do not needt tol be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent oft the improvements, maintenance, and activities, andt the location ande extent oft the proposed district. (2) A1 time and place for aj public hearing on the establishment oft the property and business improvement district andt thel levy ofa assessments, which shall be consistent with the requirements  more than 50j percent oft thet total amount of assessments proposed to be levied. the management district plan. Thats summary shalli include all oft the following: (1) A map showing the! boundaries oft the district.  request.  ofs Section 36623.  36622. Contents ofmanagement district plan  The management district plan shall include, buti is not limited to, all oft thei following:  (a) Ifthe assessment willl bel levied onj property, ar map ofthe district in sufficient detail tol locate each parcel of property and, ifb businesses are tol be assessed, each business within the district. Ifthe assessment willl be levied on businesses, a map thati identifies the district boundaries in sufficient detail to allowa business owner tor reasonably determine whether al business is located within the district boundaries. Ifthe assessment will be levied on property and businesses, at map oft the district in sufficient detail to locate each parcel of property and to allow al business owner tor reasonably determine whether al business is located (c) Ac description oft the boundaries oft the district, including the boundaries oft benefit 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 mapt that is oni file with the clerk. The boundaries ofa proposed property assessment district shall not overlap with the boundaries ofa another existing property assessment district created pursuant tot this part. This part does not prohibit the boundaries ofa district created pursuant to this partt to overlap with other assessment districts established pursuant to other provisions of! law, including, but not limited to, thel Parking and Business Improvement. Areal Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries ofal business assessment district created pursuant to this part to overlap witha another business assessment district created pursuant to this part. This part does not prohibit the boundaries ofa business assessment district created pursuant to this part to overlap with aj property assessment district created pursuant to this part. (d) The improvements, maintenance, and activities proposed for eachy year ofc operation oft the district and the estimated cost thereof. Ifthei improvements, maintenance, and activities proposed for eachy year of operation are the same, a description of the firstyear's proposed improvements, maintenance, and activities  within the district boundaries. (b) The name oft the proposed district.  ACTMD Management District Plan  16  KMDP dater    anda a statement that the same improvements, maintenance, and activities are proposed for subsequent years (e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debts service in each year of operation ofthe district. Ifthea assessment is levied on businesses, this amount may be estimated based upont the assessment rate. Ifthe total annual amount proposed tol be expendedi in each year of operation oft the district is not significantly different, the amount proposed to! be expendedi in thei initial year and a statement that a similar amount applies tos subsequent years shall satisfy the (f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow eachy 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 ofyears in which assessments will be levied. In a new district, the maximum number ofyears shall be five. Uponi renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant tot this part toi finance capital improvements with bonds may levy assessments until the maximum maturity oft the bonds. Thei management district plan may set forth specific increases in assessments for each year of operation ofthe district. (1) The proposed time fori implementation and completion oft the management district plan. G) Any proposed rules andi regulations to be applicable to the district.  shalls satisfy the requirements ofthiss subdivision.  requirements oft this subdivision. issued toi finance improvements.  (g) Thet time andi manner of collecting the assessments.  (k)  (1) Al list ofthe properties or businesses tol be assessed, including the assessor's parcel numbers for properties to be assessed, and as statement of the method or methods by which the expenses ofa district willl be imposed upon benefited real property or businesses, inj proportion tot the benefit (2) Inap property-based district, the proportionate special benefit derived by eachi identified parcel shall be determined exclusively ini relationship to the entirety oft the capital cost ofa public improvement, the maintenance and operation expenses ofa public improvement, or the cost of the activities. An assessment shall not bei imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and aj property-based district shall separate the general benefits, ifany, from the special benefits conferred on a parcel. Parcels within ap property-based district that are owned or used! by any city, public agency, the State ofCalifornia, ort 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 ini fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities ofa property- based district and that benefit property or persons not assessed: shall not be deducted from the entirety oft the cost ofany special benefit or affect the proportionate special benefit derived by (3) Inap property-based district, properties throughout the district may share thes same special benefits. In a district with boundaries that define which parcels are tor receive improvements, maintenance, or activities over and above thoses services provided by the city, the improvements, maintenance, or activities themselves may constitute. as special benefit. The city may impose assessments that are less than the proportional special benefit conferred, but shall noti impose assessments that exceed ther reasonable costs oft the proportional special benefit conferred. Because one or more parcels pay less than thes special benefit conferred does not necessarily mean that other parcels are assessed more thant the reasonable cost of their special benefit. (I) 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 other item or matter required to be incorporated therein by the city council.  received byt the property or business, to defrayt the cost thereof.  each identified parcel.  plan.  36623. Procedure tol levy assessment  (a) Ifa city council proposes tol levy a new ori increased property assessment, the notice and protest and (b) Ifa city council proposes to levy a new ori increased business assessment, the notice andj protest and hearing procedure shall comply with Section: 54954.6 oft the Government Code, except that notice shall be  hearing procedure shall comply with Section 537530 ofthe Government Code.  ACTMD Management District Plan  17  KMDP_daten    mailed to the owners ofthe businesses proposed to be assessed.. Aj protest may be made orally or in writing by any interested person. Every written protest shall be filed witht the clerk at or before thet time fixed for the public hearing. The city council may waive any irregularity in the form or content ofany written protest. A written protest may be withdrawn in writing at anyt time before the conclusion oft thep public hearing. Each written protest shall contain a description oft the business in which the person subscribing the protest is interested: sufficient toi identify the business and, ifa person subscribing is not shown on the official records oft the city ast the owner ofthel business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business ort the authorized representative. A written protest that does not comply witht this section shall not be countedi in determining ai majority protest. Ifv written protests are received from the owners or authorized representatives of businesses int the proposed district that willp pay 50 percent or more oft the assessments proposed to be levied and protests are not withdrawn so as tor reduce the protests tol less than 50j percent, no further proceedings tol levy the proposed assessment against such businesses, as contained ini the resolution ofi intention, shall be taken for a period of (c) Ifac city council proposes to conduct a single proceeding tol levy both a new or increased property assessment and a new ori increased business assessment, the notice and protest and! hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest andl hearing procedure for the business assessment shall comply withs subdivision (b). Ifar majority protest is received from either the property or business owners, that respective portion oft the assessment shall noth be levied. The remaining portion oft the assessment may bel levied unless thei improvement or other special benefit was  one year from the date oft the finding ofa majority protest by the city council.  proposed tol be funded by assessing both property andt business owners.  36624. Changes to proposed assessments  At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment ort the type or types ofi improvements, maintenance, and activities to be funded with ther revenues from the assessments. Proposed assessments may only be revised by reducing any or all oft them. Att the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that willr not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district  shall be reflected in the notice and mapi 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 off formation that shall include, buti is not (1) Al brief description oft the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement ast to whether the assessment willl be levied on property, businesses, or both within the district, a statement on whether bonds will bei issued, anda description ofthe exterior boundaries ofthe proposed district, which may be made by referencei to any plan or map thati is oni file with the clerk. The descriptions ands statements needi not be detailed ands shall be sufficient ifthey enable an owner to generally identify the nature and extent ofthe improvements, maintenance, and activities and the location and extent oft the proposed district. (2) The number, date of adoption, and title oft the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment ofthe (4) A determination regarding any protests received. The city shall not establish the district or (5) A statement that the properties, businesses, or properties and businesses int the district established by the resolution shall be subject to any amendments tot this part. (6) A statement that thei improvements, maintenance, and activities tol be conferred on businesses and properties in the district willl be funded by the levy oft the assessments. The revenue from the levy ofa assessments within a district shall not be usedt toj provide improvements, maintenance, or activities outside the district ori for any purpose other than the purposes specified in the resolution ofintention, as modified by the city council at the hearing concerning establishment oft the district. Notwithstanding the foregoing, improvements and activities that must be provided outside the  limited to, all ofthe following:  district.  levy assessments ifa majority protest was received.  ACTMD Management District Plan  18  <MDP_dater    district boundaries to create a special or specific benefit tot the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing tot the district. (7) A finding that the property or businesses within the area oft the property and business improvement district willl be benefited by thei improvements, maintenance, and activities funded by the proposed assessments, and, fora ap property-based district, that property within the district (8) Inap property-based district, the total amount of all special benefits tol be conferred on the (b) The adoption oft ther resolution of formation and, ifrequired, recordation of the notice andi map pursuant to Section 36627 shall constitute the levy ofa an assessment in each oft the fiscal years referred toi in the  will receive a special benefit. properties within the 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 record a notice and ana assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section: 3100) applies to an assessment district created pursuant to this part. 36628. Establishment of separate benefit zones within district; Categories of businesses The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities tol be provided within the benefit zone and may impose a different assessment within each benefit zone. Ift the assessment is tol be levied on businesses, the city council may also define categories ofb businesses based upon the degree oft benefit thate each will derive from the improvements or activities tol be provided within the district andi may impose a different assessment or rate of assessment on each  category of business, or on each 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 a combination of the two, pursuant tot this part.' The city council shall 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 witht the requirements set forthi inj paragraph (2) ofsubdivision (k) of Section 36622. 36629. Provisions and procedures applicable to benefit zones and business categories All provisions oft this part applicable to the establishment, modification, or disestablishment ofa property and business improvement district apply tot the establishment, modification, or disestablishment of benefit zones or categories of 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. Ifaj property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new: management district plan may be created andt the district may be renewed pursuant tot this part.  36630. Expiration of district; Creation of new district  CHAPTER: 3: Assessments  36631. Time and manner of collection of assessments; Delinquent payments  The collection oft the assessments levied pursuant tot this part shall be made at the time and in the manner set forth by the city council int the resolution levying the assessment. Assessments levied on real property may be collected at the same time andi in thes same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be 36632. Assessments tol bel based on estimated benefit; Classification of real property and businesses;  charged interest and penalties.  Exclusion of residential. and agricultural property ACTMD Management District Plan  19  KMDP_dater    (a) The assessments levied on real property pursuant tot this part shall be levied ont the basis ofthe estimated benefit tot the real property within the property and business improvement district. The city council may classify properties for purposes ofc determining the benefit toj property oft the improvements (b) Assessments levied on businesses pursuant tot this part shall be levied on the basis of thee estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit tot the businesses ofthei 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 ands service funded through these assessments, and shall  and activities provided pursuant to this part. activities provided pursuant tot this part.  not be subject to any assessment pursuant to this part. 36633. Time for contesting validity of assessment  The validity of an assessment levied under this part shall not be contested in an action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36625. An appeal from ai final judgment in an action or proceeding shall be perfected within 30 days after  the entry ofjudgment.  36634. Service contracts authorized to establish levels ofc city services continue after ap property and business improvement district has been formed. 36635. Request to modify management district plan  The city council may execute baseline service contracts that would establish levels ofc city services 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 ofintention (a) Upont 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 the improvements anda activities to be funded witht the revenue derived from thel levy oft the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. Ifther modification' includes the levy ofa new or increased assessment, the city council shall comply with Section 36623. Notice ofa all other public hearings pursuant tot this section (I) Ther resolution ofintention shall be published in ar newspaper of general circulation int the city (2) A complete copy oft the resolution ofi intention shall be mailed by first class mail, atl least 10 days before the public hearing, to each business owner or property owner affected by thep proposed (b) The city council shall adopt a resolution of intention which statest the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the  modification oft the management district plan shall be made pursuant tot this chapter.  shall comply with both oft the following:  once at least seven days before the public hearing.  modification.  adoption ofthe 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 ar manner consistent with the provisions of Section 36627. 36638. Assessment as government improvised fee on Civ CS 1770 transaction [Operative July 1,2024] (a) Al business assessment pursuant to this parti isai feei imposed by a government on the transaction for purposes of paragraph (29) ofs subdivision (a) of Section 1770 oft the Civil Code.  (b) This section shall become operative on. July 1,2 2024.  ACTMD Management District Plan  20  <<MDP_ dater    CHAPTER: 3.5] Financing  36640. Bonds authorized; Procedure; Restriction on reduction or termination ofassessments  (a) The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost ofs some or all oft the proposed improvements described: in ther resolution of formation adopted pursuant to Section 36625, ifther resolution of formation adopted pursuant tot thats section provides for the issuance ofbonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7ofTitle 1 oft the Government Code). Either act, as the case may be, shall govern the proceedings relating to thei issuance ofbonds, although proceedings under thel Bond Act of 1915 may be modified by the city council as necessary to accommodate (b) The resolution adopted pursuant tos subdivision (a) shall generally describe thej proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during whicht they are tol be collected. The amount of debt service to retire the bonds shall not exceed the amount ofrevenue (c) Notwithstanding any other provision oft this part, assessments levied to pay the principal andi interest on any bondi issued pursuant tot this section shall not be reduced or terminated ifd doing so wouldi interfere with  assessments levied upon business pursuant to this part.  estimated to be raised from assessments over 30 years.  thet timely retirement oft the debt.  CHAPTER 4. Governance  36650. Report by owners' association; Approval or modification by city council  (a) The owners' association shall cause tol be prepared a report for eachi fiscal year, except the firsty year, for which assessments are to be levied and collected to pay the costs oft thei improvements, maintenance, and activities described int the report. The owners' association'sf first report shall be due after thei firsty year of operation of 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, the basis and method of levying the asséssments, anda any changes in the classification of property, including: any (b) The report shall be filed with the clerk and shall refer tot the property and business 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 the boundaries oft the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) Thei improvements, maintenance, and activities tol be provided for that fiscal year. (3) An estimate oft the cost of! providing the improvements, maintenance, and activities for that (4) Thet method and basis of levying the assessment in sufficient detail to allow eachi real property or business owner, as appropriate, to estimate the amount oft the assessment tol be levied against (5) The estimated amount of any surplus or deficit revenues tol 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 the report as filed by the owners' association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to The city council shall not approve a change int the basis and method of levying assessments that would impair an authorized or executed contract tol be paid from the revenues derived from the levy of assessments, including any commitment top pay principal andi interest on any bonds issued on behalfo of the  categories of business, ifa classification is used. contain all oft the followingi information:  fiscal year.  his orl her property or business for that fiscal year.  fiscal year. levied pursuant tot this part. Sections 36635 and 36636.  district.  36651. Designation of owners' association to provide improvements, maintenance, and activities  ACTMD Management District Plan  21  <MDP_date    The management district plant may, buti is not required to, state that an owners' association will provide the improvements, maintenance, anda activities described in the management district plan. Ifthe management district plan designates an owners' association, the city shall contract with the designated nonprofit corporation to provide  services.  CHAPTER 5. Renewal  36660. Renewal of district; Transfer or refund of remaining revenues; District term limit  (a) Any district previously established whose term has expired, or will expire, may be renewed by (b) Upon renewal, any remaining revenues derived from the levy ofassessments, or any revenues derived from the sale ofassets acquired with the revenues, shall be transferred to the renewed district. Ift the renewed district includes additional parcels or businesses not included ini the prior district, the remaining revenues shall be spent tol benefit only the parcels or businessesi int the prior district. Ifthe renewed district does noti include parcels or businesses includedi int the prior district, the remaining revenues attributable to (c) Upon renewal, a district shall have a term not to exceed 10 years, or, ift the district is authorized toi issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities ofa renewed district be the: same ast the original or prior district.  following the procedures for establishment as provided in this chapter.  these parcels shall ber refunded to the owners oft these parcels or businesses.  CHAPTER 6. Disestablishment  36670. Circumstances permitting disestablishment of district; Procedure  (a) Any district established or extended pursuant tot the provisions oft this part, where therei is no indebtedness, outstanding and unpaid, incurred toa accomplish any ofthe purposes oft the district, may be disestablished by resolution by the city council in either of the following circumstances: (1) Ifthe city council finds therel has been misappropriation of funds, malfeasance, or a violation of lawi in connection witht the management of the district, it shall notice al hearing on (2) During the operation oft the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one. year after the date ofe establishment oft the district and shall continue for 30 days. The next such 30-day periods shall begin two years after the date oft the establishment ofthe district. Each successive year of operation oft the district shall have such a3 30-day period. Upon the written petition of the owners or authorized representatives ofr real property or the owners or authorized representatives of businesses ini the district who pay 50j percent or more of the assessments levied, 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 ofintention to disestablish the district prior to the public hearing required by thiss section. The resolution shall state the reason for the disestablishment, shall: state the time and place oft the public hearing, and shall contain aj proposal to dispose ofa any assets acquired with the revenues oft the assessments levied within the property and business improvement district. The notice of the! hearing on disestablishment required by this section shall be given! by mail tot the property owner of each parcel or to the owner ofeach! business subject to assessment int the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice tot the property or business owners. Thej public hearing shall be held not more than 60 days aftert the adoption of ther resolution of 36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use ofoutstanding revenue collected after disestablishment of district  disestablishment.  hearing on disestablishment.  intention.  (a) Upon the disestablishment or expiration without renewal ofa district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale ofassets acquired with the revenues, or from bond reserve 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  KMDP_daten    applying the same method and basis that was usedt to calculate the assessments levied in the fiscal yeari in which the district is disestablished or expires. All outstanding assessment revenue collected: after disestablishment: shall be spent oni improvements: and activities specified in the management district plan. (b) Ifthe disestablishment occurs! before an assessment isl levied for the fiscal year, the method: and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to  calculate the amount ofany refund.  ACTMD Management District Plan  23  <MDP_date>    APPENDIX2- A ASSESSED BUSINESSES  ACTMD Management District Plan  24  KMDP_date    CITYOFIONE IONE, CA 95640  Agenda Item #J.2.  DATE: TO: FROM:  DECEMBER3,2024  THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL GEORGE LEE, CITY MANAGER & KATHRYN GIES OF WEST YOST  SUBJECT: TASK ORDERS FOR COUNCIL APPROVAL  RECOMMENDED ACTION:  1. Authorize City Manager to. Approve West Yost Task Order 9: for As-Needed Wastewater 2. Authorize City Manager to Approve West Yost Task Order 10, Castle Oaks Water Reclamation Facility (COWRF) Condition Assessment and Capital Improvement Plan  Engineering Services to the City ofIone for an amount of $50,000.  Development for an amount of $59,500.  BACKGROUND:  West Yost Associates provided an update to the City Council on November 19, 2024. This update included information related to the Task Orders that have been previously authorized by the City Council and provided details regarding two new Task Orders that are now: needed. As documented in that update, ongoing coordination and support is needed from West Yost to address several outstanding wastewater treatment-related compliance requirements. A new As-Needed Task Order for West Yost in the amount of $50,000 is needed to allow for these Also documented in the update was the recommendation from the Wastewater Committee to complete an overall condition assessment of the COWRF to identify the costs related to needed replacements ofaging mechanical, electrical and control equipment in the next 51 to 10 year period. This study will culminate with the development of a defensible Capital Improvement Program (CIP) fort the COWRF, which will be a critical piece of developing a future regional recycled water program. A new Task Order in the amount of $59,500 for West Yost is needed to complete the  continued regulatory compliance and planning support services.  Condition Assessment and Capital Improvement Plan.  FISCAL IMPACT:  The As-needed services Task Order is anticipated to be primarily funded from Wastewater. account The Condition Assessment and Capital Improvement Plan for the COWRF is anticipated to be  funds, or as appropriate based on task-specific requests. funded from the Tertiary Fund Balance.    ATTACHMENTS:  Attachment 1- West Yost Task Order 8: for As-Needed Wastewater Engineering Services Capital Improvement Plan for the Castle Oaks Water Reclamation Facility for the amount  tot the City of] Ione for an amount of $50,000  Attachment 2- West Yost Task Order 9 for Condition Assessment and  of $59,500.  2    1001 Galaxy Way Suite310 Concord CA 94520  925.949.5800 phone 530.756.5991 fax westyost.com  WEST YOST Water. Engineered.  November 11, 2024 Mr. George Lee City Manager City of lone, California glee@ione-ca.com  SENT VIA: EMAIL  SUBJECT: Proposal for Additional As-Needed Wastewater Engineering Services to the City of lone  Dear Mr. Lee:  West Yost appreciates the opportunity to provide this letter proposal to the City of lone (City) for continued as-needed engineering services related to permitting of the City's wastewater treatment and disposal facilities. Additional as-needed services are required to support the City with completingseveral  recent Regional Board requests fori information.  SCOPE OF SERVICES  Wastewater support services will be provided on an as-needed basis, and work will only be performed that is specifically requested by the City. Because this work is only as needed, the specific work efforts and deliverables under this task cannot accurately be determined at this time, however, the services may  include, but are not necessarily limited to:  Completing the water balances submittal requirements for the City's Wastewater Treatment Plant (WWTP) and the Castle Oaks Water Reclamation Facility (COWRF). Supporting the City with discussing the water balance findings with the COWRF partners, California Department of Corrections and Rehabilitation (CDCR), and the City of Sutter Creek, and defining a path forward related to ongoing operations and management Assistance related to implementation oft the Near-Term Instrumentation Improvements that Assisting the City with a request for timeline extension for submittal of the Title 22 Report. Assistance related to understanding general regulatory compliance issues andi implementing Support with special studies or reporting requirements withy which the City may want assistance. Reviewing and developing responses to correspondences from the Regional Board and State Attending and preparing agenda for meetings with the City and/or local stakeholders.  of the COWRF system.  are being completed byt the City's contract operations team.  the measures needed to maintain compliance.  Water Resources Control Board. Review of collected monitoring data.    Mr. George Lee November 11, 2024 Page 2 FEE ESTIMATE  An estimated fee of $50,000 is proposed for these efforts. The scope of services will be limited to work that can be completed within the available budget and allv work willl be performed on at time-and-materials basis at standard West' Yost billing rates (Attachment. A). Monthlyi invoices will detailt the efforts and costs. Depending ont the level ofe effort required, a scope andl budget amendment may be necessary int thet future. Ifa additional budget is required to complete work requested by the City, West Yost will request City Thank you for providing West Yost the opportunity to be of continued service to the City of lone. Please  authorization prior to exceeding the budget.  call if you have any questions or require additional information.  Sincerely, WEST YOST Project Manager LA RCE #65022  PE  Attachment(s): A. West Yost's 2025 Billing Rate Schedule  WEST YOST    Attachment A  West Yost's 2025 Billing Rate Schedule    WEST YOST Water. Engineered.  2025 Billing Rate Schedule (Effective. January 1, 2025, through December 31, 2025)*  POSITIONS  LABOR CHARGES (DOLLARS PER HOUR)  ENGINEERING Principal/Vice President ingneer/saentsV/seologistManageri/" Principal enecemNCIORNVN Senior PEME/SEMNVCRDOENIYN Associate rener/cemtaceaceHi/" enesoemaVoet/ Engineering Aide Field Monitoring Services Administrativel I/II/III/IV ENGINEERING TECHNOLOGY Engineering' Tech Managerl/1 Principal Tech Specialisti/l Senior Tech Specialisti/I Senior GIS Analyst GIS Analyst Technical: Specialist/I/W/N Technical. Analyst! I/II Technical Analyst Intern Cross-Connection Control SpecialistI/I/W/M CADI Manager CAD Designerl/ CONSTRUCTION MANAGEMENT Senior Construction Manager Construction Managerl/I/H/M Apprentice Inspector CM Administrativel/l Field Services  $373 $352/ $369 $3171 $338 $286 1. $300 $2371 $255 $185./ $215 $111 $138  $102 / $127 / $152/ $168  $366/ $369 $3361 $348 $308 / $321 $278 $264 $141/ $168 $113 $222 $172/ $194 $355 $172 $91/ $124 $244  $196 / $224./ $251/ $280 $147 / $159 / $179/ $198  $211 / $226 / $239 / $303 $190 / $211 / $235 / $244  Resident Inspector (Prevailing Wage Groups4/3/2/1)  Hourly rates include charges fort technology and communication, sucha as general and CAD computer software, telephone calls, routinei in-house copies/prints, postage, miscellaneous: supplies, and other incidental project expenses. Outside services, such asv vendor reproductions, prints, ands shipping; major West) Yost reproduction efforts; as well as engineering supplies, etc., will be billeda att the actual cost plus 15%. The Federal Mileage Rate willl beu used for mileage charges and will be based ont the Federal Mileage Rate applicable to whent the mileage costs were incurred. Travel other than mileage will be billeda ato cost. Subconsultants will bel billed ata actual cost plus 10%. Expert witness services, research, technical review, analysis, preparation, and meetings will be billed at1 150% of standard hourly rates. Expert witness testimony and depositions will beb billeda at 200% ofs standard hourly rates. Af finance charge of 1.5% per month (an annual rate of 18%) ont the unpaid balance willl be addedt toi invoice amounts ifnotp paid within 45 daysf from the date of thei invoice.  This schedulei is updated annually  Page1of2    -  WEST YOST Water. Engineered.  2025 Billing Rate Schedule (Effective January: 1, 2025, through December 31, 2025)*  Equipment Charges 2" Purge Pump & Control Box Aquacalc / Pygmy or AAF Flow Meter Emergency SCADA System Field Vehicles (Groundwater) Gas Detector Generator Hydrant Pressure Gauge Hydrant Pressure Recorder, Impulse (Transient) Hydrant Pressure Recorder, Standard Low Flow Pump Back Pack Low Flow Pump Controller Powers' Water Level Meter Precision' Water Level Meter 300ft Precision Water Level Meter 500ft Precision' Water Level Meter 700ft QEDS Sample Pro Bladder Pump Skydio 2+ Drone (2 hour mimimum) Storage Tank Sump Pump Transducer Communications Cable Transducer Components (per installation) Trimble GPS- Geo 7x Tube Length Counter Turbidity Meter Turbidity Meter (2100Q Portable) Vehicle (Construction Management) Water Flow Probe Meter Water Quality Meter Water Quality Multimeter Well Sounder  EQUIPMENT  BILLING RATES  $300 /day $28 /day $35 /day $1.02 /mile $80 /day $60 /day $10 /day $55 /day $40 /day $135 /day $200 /day $32 /day $30 /day $40 /day $45 /day $65 /day, $100 /hour $20 /day $24 /day $10 /day $23 /day $220 /day $22 /day $30 /day $35 /day $10 /hour. $20 /day $50 /day $185 /day $30 /day  This schedule is updated annually  Page2of2    2020 Research Park Drive 530.756.5905 phone  Suite 100 Davis CA95618  530.756.5991f fax westyost.com  WEST YOST Water. Engineered.  November11, 2024 Mr. George Lee, City Manager City oflone 1East Main Street lone, CA 95640 glee@ione-ca.com  SENT VIA: EMAIL  SUBJECT: Proposal for Engineering Services for Condition Assessment and  Capital Improvement Plani for the Castle Oaks Water Reclamation Facility  Dear George:  West' Yost is pleased to provide this proposal for engineering services to the City of lone's (City) Castle Oaks Water Reclamation Facility (COWRF). This proposal outlines the scope of services for the development ofa Condition Assessment and Capital Improvement Plan (CIP) for the COWRF.  PROJECT UNDERSTANDING  West Yost has previously contracted with the City to develop a Title 22 Engineering Report to meet the requirements outlined by the California State Water Resources Control Board. This effort revealed that the COWRF is severely outdated, with multiple components and equipment items are from the facility's original construction in 1992. Many items are outside the manufacturers intended lifespan, are no longer receiving ongoing support, and are more difficult to replace when failures occur. If left unaddressed, Inc order to identify specific improvements to the COWRF, a condition assessment of the facility was performed in May 2024, in which all mechanical equipment, electrical infrastructure, instrumentation, and control system components were evaluated for condition and performance. Findings from this effort will be used to develop a Capital Improvement Plan which defines recommendations fori improvements,  performance issues are likely toi increase int frequency and magnitude.  along with a proposed costs and timeline to implement thesei improvements.  SCOPE OF SERVICES described below:  The following is al list oft the key tasks necessary to perform this proposed scope of services, eachi further  Task 1. Project Management Task 2. COWRF Condition Assessment and CIP  Task 1. Project Management  West Yost will oversee the internal coordination of project activities and tasks. This task includes the preparation of an initial meeting to review the updated project scope of work, coordination of project activities, review of project progress, and management of project schedule and budget. West Yost will  also perform QC on all project deliverables.  Task: 1 Deliverables  West' Yost will provide monthly progress reports andi invoices.    Mr. George Lee November 11, 2024 Page2  Task 2. COWRF Condition Assessment and CIP  West Yost will prepare a TM based documenting the condition and performance assessment of all structural, site/civil, mechanical, electrical, and control system assets and equipment critical to the primary operational functions of the COWRF. West' Yost has previously conducted the on-site portion of this assessment at the COWRF on May 2, 2024. This task will develop and complete a TM, which summarizes the condition of COWRF at the time of the on-site work. The TM will include a list of recommended CIP to address deficiencies identified during the May site visit. A draft TM will be provided to the City for review and comments. Feedback from the City will be incorporated into a final TM and  provided to the City. Task 2 Assumptions Task 2 Deliverables PROJECT BUDGET  The City will review and comment on the draft TM within at three-week timeframe.  West Yost will develop draft and final Condition Assessment TM.  West Yost's proposed level ofe effort and budget fore each oft thet tasks described above is showni in Table 1. West' Yost will perform the scope ofs services described above on at time-and-expenses basis, at the billing rates set forth in West Yost's attached 2025 Billing Rate Schedule (Attachment A), with a not-to-exceed budget of $59,500.. Any additional services not included in this scope of services will be performed only  after receiving written authorization and a corresponding budgetaugmentation.  Table 1. Estimated West Yost Project Budget  Task  Estimated Fee, dollars 3,000 56,500 $59,500  Task 1. Project Management Task 2. COWRF Condition Assessment and CIP  Total Project Budget  SCHEDULE  West' Yost is ready to begin work on this project when authorized by the City. The Draft Condition Assessment and CIP willl be presented to the City within three months of receiving authorization. Thank youf for providing West' Yost the opportunity to be of continued servicet to the City ofl lone. Wel look forward to working with you on this important project. Please call if you have any questions or require  additional information. Sincerely, WESTYOST E4A  Attachmehts: A.West Yost 2025 Billing Rate Schedule  WEST YOST    Attachment A  West Yost's 2025 Billing Rate Schedule    Y  WEST YOST Water. Engineered.  2025 Billing Rate Schedule (Effective. January: 1, 2025, through December 31, 2025)*  POSITIONS  LABOR CHARGES (DOLLARS PER HOUR)  ENGINEERING Principal/Vice President nener/sgemtsyceogst Managerl/l Principal nenesemaNCiDeNt/ Senior enescemaoeNt/ Associate nene/cetaCceit/" neneemyCoet/n Engineering Aide Field Monitoring Services Administrative I/II/III/IV ENGINEERING TECHNOLOGY Engineering Tech Managerl/ Principal Tech Specialist I/II Senior Tech Specialisti/I Senior GIS Analyst GISA Analyst Technical: SpecialistI/I/W/M Technical, Analystl/ Technical Analyst Intern Cross-Connection Control Specialisti/I/W/M CADI Manager CAD Designerl/ CONSTRUCTION MANAGEMENT Senior Construction Manager Construction Managerl/M/W/M Apprentice Inspector CM Administrativel/l Field Services  $373 $352/ $369 $317 / $338 $286 1 $300 $237 / $255 $185 / $215 $111 $138  $102/ / $127 / $152/ $168  $366/ $369 $336 / $348 $308 / $321 $278 $264 $141/ $168 $113 $222 $172/ $194 $355 $172 $91/ $124 $244  $196 1 $224 / $251/ $280 $147/ $159 / $179/ $198  $211 1 $226 / $239/ $303 $190 / $211 / $235/ $244  Resident Inspector (Prevailing' Wage Groups 4/3/2/1)  Hourly rates include charges for technology and communication, sucha as general and CAD computer software, telephone calls, routinei in-house copies/prints, postage, miscellaneous. supplies, and otheri incidental project expenses. Outside services, such asv vendor reproductions, prints, and shipping; major West) Yost reproduction efforts; as well as engineering supplies, etc., willl be billeda att the actual cost plus 15%. Thel Federal Mileage Rate will beu used for mileage charges andy willl bel based ont thel Federal Mileage Rate applicable to whent the mileage costs were incurred. Travel other than mileage willl bel billed atc cost. Subconsultants willl bel billed ata actual cost plus 10%. Expert witness services, research, technical review, analysis, preparation, andr meetings willl beb billed at 150% ofs standard hourly rates. Expert witness testimony and depositions willl bel billed at 200% of standard hourly rates. Af finance charge of 1.5% per month (an annual rate of 18%) ont the unpaid balance willl be added toi invoice amounts ifn not paid within 45 days from the date oft thei invoice.  This schedule is updated annually  Pagelof2    -  WEST YOST Water. Engineered.  2025 Billing Rate Schedule (Effective. January1, 2025, through December 31, 2025)*  Equipment Charges 2" Purge Pump & Control Box Aquacalc /Pygmy or AAI Flow Meter. Emergency! SCADA System Field Vehicles (Groundwater) Gas Detector Generator Hydrant Pressure Gauge Hydrant Pressure Recorder, Impulse (Transient) Hydrant Pressure Recorder, Standard Low Flow Pump Back Pack Low Flow Pump Controller Powers' Water Level Meter Precision' Water Level Meter 300ft Precision Water Level Meter 500ft Precision' Water Level Meter 700ft QED Sample Pro Bladder Pump Skydio 2+ Drone (2 hour mimimum) Storage Tank Sump Pump Transducer Communications Cable Transducer Components (peri installation) Trimble GPS- Geo7 7x Tube Length Counter Turbidity Meter Turbidity Meter (2100Q Portable) Vehicle (Construction Management) Water Flow Probe Meter Water Quality Meter Water Quality Multimeter Well Sounder  EQUIPMENT  BILLING RATES  $300 /day $28 /day $35 /day $1.02 /mile $80 /day $60 /day $10 /day $55 /day $40 /day $135 /day $200 /day $32 /day $30 /day $40 /day. $45 /day $65 /day $100 /hour $20 /day $24 /day $10 /day $23 /day $220 /day $22 /day $30 /day $35 /day $10 /hour $20 /day $50 /day $185 /day $30 /day  This schedule is updated annually  Page 2of2    Agenda Item #J.3.  CITY OF IONE IONE, C495640  AGENDA ITEM  DATE: TO: FROM:  December 3, 2024 Members of lone City Council Alison LaFayne, Mayor Term Limits  SUBJECT: Amending the lone Municipal Code Title 21 to include City Council  RECOMMENDED ACTION(S):  1) Direct staff and/or city attorney to draft a resolution and ordinance to amend the lone Municipal Code Title 2 to add Chapter 2.02- City Council and Section 2.02.010-Term Limits of  City Council. FISCAL IMPACT: BACKGROUND:  1) Publication of Ordinance Cost, if required. Administrative fees.  Inp past years, the registered voters of the City of lone have communicated openly their concerns and mounting lack ofi faith in their current Elected Officials and administration of the city. Lack of responsible oversight, fiscal management, failure to initiate progress on city infrastructure, traffic problems, economic development, vision for the future and basic community support are among the top concerns. This is reflected after each election by the rise of undervotes identified by the Amador County Registrar of Voters. This past election near 40% of registered voters did not vote to select their own city council. In addition, while the population of the cityl has risen, the number of candidates each year has drastically been reduced, citing the conduct and disorderly behavior of councilmembers and lack of  compensation. Citizens feel hopeless and unheard.    DISCUSSION: Consider the following:  Add to the Municipal Code, City Council term limits to promote voter confidence and prompt council members tol become active participants in the municipal process, while placing a two- year pause in between each consecutive term limit. Elected Officials should strive to become knowledgeable on municipal procedures, policy and issues facing the city and become good stewards of civil service and support their constituents on all matters. If the person decides to runi for office after the two-year pause has expired, their past record and performance can be relied upon for re-election. The amendment could potentially limit those seeking control and Amending the Municipal Code to limit council terms to two consecutive elected terms would ensure reform and broaden the scope of representation on city council and put the power back  appeal to individuals interested in contributing to the community.  in the hands of the people.