OR CITY OF PLYMOUTH CITY COUNCIL SPECIAL MEETING AGENDA 9 TUESDAY, MARCH 25, 2025 ) ou UNT 6:30 PM Members of the public not attending in-person may submit written comments prior to the meeting by emailing comments to the City Clerk at mehempechebhmanog before 3:30 PM on the day of the meeting. Emailed public comments will be distributed to the City Council and made part of the official record. Peter Amoruso, Mayor Don Nunn, Vice Mayor Wendy Cranford, Council Member Holger Hornisch, Council Member Rusty Folena, Council Member MISSION STATEMENT The City ofPlymouth preserves our small-town atmosphere and provides fiscally responsible services that fulfill public needs while protecting their quality of life. Please silence all cell phones or similar devices 1. CALL TO ORDER/ROLL CALL: Roll Call Pledge of Allegiance 2. APPROVAL OF CITY COUNCIL SPECIAL MEETING AGENDA FOR MARCH 25, 2025 3. SPECIAL MEETING PUBLIC COMMENT Under provisions of the California Code, the City Council citizens wishing to address the Council at a Special Meeting for any matter on the agenda may do SO by completing a Speaker Submittal Form to the City Clerk or following the instructions noted on this agenda, speakers will be called by the Mayor at the point on the agenda when the item will be heard. Speakers are encouraged to keep comments to three minutes or less and to state their name and community of residence. Under provisions of the California Government Code, the City Council is prohibited from materially discussing or taking action on any item not on the agenda unless it can be demonstrated to be of an emergency nature or an urgent need to take immediate action arose after the posting of the agenda. 4. REGULAR AGENDA ITEMS 4.1 CONSIDER APPROVAL OF THE LAW ENFORCEMENT SERVICES AGREEMENT WITH THE COUNTY OF AMADOR IN THE AMOUNT OF $2,141,183 FOR FIVE YEARS RECOMMENDATION: APPROVE THE AGREEMENT 5. ADJOURNMENT LEVINE ACT PUBLICPARTYIAPPLICANT DISCLOSURE OBLIGATIONS: Applicants, parties, and their agents who have made campaign contributions totaling more than $500 (aggregated) to a Council Member over the past 12 months, must publicly disclose that fact for the official record of that agenda item. Disclosures must include the amount of the campaign contribution aggregated, and the name(s) of the campaign contributor(s) and Council Member(s). The disclosure may be made either in writing to the City Clerk prior to the agenda item consideration, or by verbal disclosure at the time of the agenda item consideration. MARCH 25, 2025 AGENDA 1 The foregoing statements do not constitute legal advice, nor a recitation of all legal requirements and obligations of partieslapplicants and their agents. Parties and agents are urged to consult with their own legal counsel regarding the requirements of the law. ADDITIONAL INFORMATION Public documents related to an item on the open session portion of this agenda, which are distributed to the City Council less than 72 hours prior to the meeting, shall be available for public inspection at the City Clerk's office located in Plymouth City Hall and at the time of the meeting. Persons interested in proposing an item for the City Council Agenda should contact a member of the City Council, or the City Manager. NOTICE: As presiding officer fort this meeting, the Mayor has the authority to preserve order at all City Council meetings, to remove or cause the removal of any person from any such meeting for disruptive conduct, and to enforce the rules of the Council. In compliance with the Americans with Disabilities Act, if you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk's Office at (209) 245-6941 prior to the meeting. CERTIFICATION OF POSTING OF AGENDA I, Victoria McHenry, City Clerk for the City of Plymouth, declare that the foregoing agenda for the March 25, 2025, Special Meeting of the Plymouth City Council was posted and available for review on March 21, 2025, at the City Hall of the City of Plymouth, 9426 Main Street, Plymouth, California, 95669. The agenda is also available on the city website at cityofplymouth.org. Signed at Plymouth, California IIslI Victoria McHenry City Clerk MARCH 25, 2025 AGENDA 2 AGENDA CITY OF PLYMOUTH City Council SPECIAL MEETING TUESDAY, MARCH 25, 2025 Council Chambers 9426 Main Street, Plymouth, California 1 MO - OK 47 7 V < 17 ARY 0 - OU 1 Peter Amoruso, Mayor Don Nunn, Vice Mayor Wendy Cranford, Council Member Rusty Folena, Council Member Holger Hornisch, Council Member PLEASE NOTE: The Council may take up any agenda item at any time, regardless of the order listed. Action may be taken on any item on the agenda. Members of the public who wish to speak may be subject to a three (3) minute maximum time limit when addressing the Council, and/or the City may require speaker identification sheets be submitted to the City Clerk prior to being called upon by the Mayor to provide public comment. CITY OF PLYMOUTH CITY COUNCIL SPECIAL MEETING AGENDA 6 , TUESDAY, MARCH 25, 2025 Op CoU JNT 6:30 PM Members of the public not attending in-person may submit written comments prior to the meeting by emailing comments to the City Clerk at mehampacinabamainon before 3:30 PM on the day of the meeting. Emailed public comments will be distributed to the City Council and made part of the official record. Peter Amoruso, Mayor Don Nunn, Vice Mayor Wendy Cranford, Council Member Holger Hornisch, Council Member Rusty Folena, Council Member MISSION STATEMENT The City of Plymouth preserves our small-town atmosphere and provides fiscally responsible services that fulfill public needs while protecting their quality of life. Please silence all cell phones or similar devices 1. CALL TO ORDER/ROLL CALL: Roll Call Pledge of Allegiance 2. APPROVAL OF CITY COUNCIL SPECIAL MEETING AGENDA FOR MARCH 25, 2025 3. SPECIAL MEETING PUBLIC COMMENT Under provisions of the California Code, the City Council citizens wishing to address the Council at a Special Meeting for any matter on the agenda may do sO by completing a Speaker Submittal Form to the City Clerk or following the instructions noted on this agenda, speakers will be called by the Mayor at the point on the agenda when the item will be heard. Speakers are encouraged to keep comments to three minutes or less and to state their name and community of residence. Under provisions of the California Government Code, the City Council is prohibited from materially discussing or taking action on any item not on the agenda unless it can be demonstrated to be of an emergency nature or an urgent need to take immediate action arose after the posting of the agenda. 4. REGULAR AGENDA TEMS 4.1 CONSIDER APPROVAL OF THE LAW ENFORCEMENT SERVICES AGREEMENT WITH THE COUNTY OF AMADOR IN THE AMOUNT OF $2,141,183 FOR FIVE YEARS RECOMMENDATION: APPROVE THE AGREEMENT 5. ADJOURNMENT LEVINE ACT PUBLIC PARTY/APPLICANT DISCLOSURE OBLIGATIONS: Applicants, parties, and their agents who have made campaign contributions totaling more than $500 (aggregated) to a Council Member over the past 12 months, must publicly disclose that fact for the official record of that agenda item. Disclosures must include the amount of the campaign contribution aggregated, and the name(s) of the campaign contributor(s) and Council Member(s). The disclosure may be made either in writing to the City Clerk prior to the agenda item consideration, or by verbal disclosure at the time of the agenda item consideration. MARCH 25, 2025 AGENDA 1 The foregoing statements do not constitute legal advice, nor a recitation of all legal requirements and obligations of partieslapplicants and their agents. Parties and agents are urged to consult with their own legal counsel regarding the requirements of the law. ADDITIONAL INFORMATION Public documents related to an item on the open session portion of this agenda, which are distributed to the City Council less than 72 hours prior to the meeting, shall be available for public inspection at the City Clerk's office located in Plymouth City Hall and at the time of the meeting. Persons interested in proposing an item for the City Council Agenda should contact a member of the City Council, or the City Manager. NOTICE: As presiding officerfort this meeting, the Mayor has the authority to preserve order at all City Council meetings, to remove or cause the removal of any person from any such meeting for disruptive conduct, and to enforce the rules of the Council. In compliance with the Americans with Disabilities Act, if you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk's Office at (209) 245-6941 prior to the meeting. CERTIFICATION OF POSTING OF AGENDA I, Victoria McHenry, City Clerk for the City of Plymouth, declare that the foregoing agenda for the March 25, 2025, Special Meeting of the Plymouth City Council was posted and available for review on March 21, 2025, at the City Hall of the City of Plymouth, 9426 Main Street, Plymouth, California, 95669. The agenda is also available on the city website at cityofplymouth.org. Signed at Plymouth, California IIslI Victoria McHenry City Clerk MARCH 25, 2025 AGENDA 2 4.1 CITY COUNCIL AGENDA ITEM NO. 4.1 03/25/2025 ou JNT SUBJECT: Consider approval of the Agreement for Law Enforcement Services Provided by the Amador County Sheriff's Office. DEPARTMENT: City Manager's Office STAFF: Margaret S. Roberts, City Manager TITLE CONSIDER APPROVAL OF THE LAW ENFORCEMENT SERVICES AGREEMENT WITH THE COUNTY OF AMADOR IN THE AMOUNT OF $2,141,183 FOR FIVE YEARS. BACKGROUND After receiving a letter from Sheriff Redman on september 6, 2023, asking that we reopen our current contract and renegotiate the costs for law enforcement services, the Sheriff Contract Ad Hoc Committee started meeting in November 2023. Based on the existing dispatch charges and the expenses of two deputy jobs and vehicles, the Sheriff was asking for a total contribution of $423,427.20 in that letter. The deadline for the Ad Hoc committee's Request for Statement of Qualifications was July 1, 2024. Negotiations with the Sheriff's Office were delayed for a while by this process. Negotiations started when the Ad Hoc Committee asked the Sheriff's Office if they would be open to talks after the City did not receive any responses to the Request for Statement of Qualifications. After the November 5, 2024 election, which took place in the midst of the negotiations, the Ad Hoc Committee disbanded. In order to negotiate until the new Ad Hod Committee could be constituted, the City Manager requested that a Council Member accompany her and the Mayor was selected. Further discussions with the Sheriff's Office, the Finance Director, Mayor and the City Manager took place. The new Ad Hoc Committee was appointed. The agreement before the Council is the result of multiple emails and negotiations between the Ad Hoc Committee and the Sheriff's Office, and a compromise on both sides. The contract would be for five years, from April 1, 2025 through March 31, 2030, at a total cost of $2,141,183. ENVIRONMENTAL DETERMINATION This is not a "project" under Section 15378 of the California Environmental Quality Act (CEQA) Guidelines. CITY COUNCIL AGENDA ITEM NO. 4.1 BPIN oet UNTI 03/25/2025 FISCAL IMPACT The cost associated with this item is as follows: 04/01/2025-03/31/2026 $387,500 04/01/2026-03/31/2027 $406,875 04/01/2027-03/31/2028 $427,219 04/01/2028-03/31/2029 $448,580 4/01/029-03/91/2030 $471,009 RECOMMENDATION Staff recommends approval of the agreement. ATTACHMENT(S) 1. Draft Agreement LA W ENFORCEMENT SERVICES AGREEMENT This Agreement ("Agreement") is made this day of 2025, by and between the County of Amador, a political subdivision oft the State of California ("County"hereinafter) and the City ofPlymouth, a municipal corporation ("City" hereinafter). RECITALS: WHEREAS, the City is desirous of contracting with the County for the performance of the hereinafter-deseribed law enforcement functions within its boundaries by the County through the Sheriff of the County of Amador; and WHEREAS, the County and the Sheriff are agreeable to rendering such services on the terms and conditions hereinafter set forth; and WHEREAS, such contracts are authorized and provided for by the provisions of Title 5, Division 1, Part 2, Chapter I, Article 1 ofthe California Government Code. NOW, THEREFORE, The Parties hereby agree as follows: 1. County/Sheriffr to Provide Law Enforcement Services. The County agrees to provide to the City by and through the Sheriff two separate law enforcement services: police protection services and dispatching services ("Police Protection Services", "Dispatch Services", ? and collectively "Services"): A. Police Protection Services. Sheriff shall provide Police Protection Services within the corporate limits ofthe City to the extent and in the manner hereinafter set forth. Except as further limited herein, such Police Protection Services shall only encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by the Sheriff under statutes of the State of California (See Section 11). The Sheriff shall provide basic law enforcement services during the hours that the Sheriff believes the patrol services would be most effective. In determining said patrol hours the Sheriff shall be guided by the hours when said patrol should be most effective in keeping the peace. It is hereby agreed that the minimum level of basic law enforcement services shall be determined by the Sheriff as provided in Section 2 herein. B. Dispatch Services. The County shall provide to the City police dispatching services; including dispatching, law enforcement call taking, transmitting and receiving radio traffic, answering 9-1-1 calls and text messages, warrant checks and supervision thereof. Dispatch Services shall be provided by personnel assigned to Sheriff's Office Dispatch by the Sheriff, the number and identity ofwhich shall be at the Sheriff S sole discretion. Dispatch Services shall be provided by the Sheriff S Office Dispatch to the City primarily by and through the use ofmobile computers. Voice radio communications shall be secondary to communication through mobile computers. Sherift: S Office Dispatch will not handle routine, non-law enforcement business calls pertaining to City business. 2. Sheriff Controls Standards of Performance. The rendition of such Services, the standards of performance, the discipline ofofficers, and other matters incident to the performance of such services and the control of personnel SO employed shall remain in the Sheriff. 3. Other Services. Should the City desire to receive any service from the Sheriff not specifically listed herein, the Agreement shall be modified SO as to state the County's and the Sheriff's willingness to provide such services and the agreed-upon costs thereof. 4. County Provides Necessary Labor. For the purpose of providing the Services, the County shall furnish and supply all necessary labor, supervision, equipment, communication facilities, and supplies necessary to maintain the level of services to be rendered hereunder. The Sheriff shall provide no law enforcement headquarters within the City. The City shall not maintain any police telephone number other than the Sheriff's Office telephone numbers without express permission of the Sheriff or his/her designee. 5. Services Provided by County Employees. All persons employed in the performance of Services pursuant to this Agreement for the City shall be County employees, and no City employee as such shall be taken over by said County employee, and no person employed hereunder shall have any City pension, civil service, or any status or right. 6. County Officers and Employees Not City Officers and Employees. For the purpose of performing Services pursuant to this Agreement, and only for the purpose of giving official status to the performance thereof, every County officer, agent, and employee engaged in performing any Services shall be deemed to be an officer or employee of the City while performing services for the City, which Services are within the scope of this Agreement and are a municipal function. No such County officer or employee shall be deemed to be a City officer or employee for any employment purposes, including but not limited to workers compensation, or with respect to any liability to third persons arising out oftheir performance ofServices under this Agreement. Without limiting the generality ofthe foregoing, by approval of this Agreement the County Sheriff shall be deemed to be the City's Chief of Police as provided in Government Code section 36505. 2 7. County to Pay Wages. A. The City shall not be called upon to assume any liability to pay any salaries, wages, or other compensation to any County officer, agent, or employee performing Services for the City under this Agreement, or any liability other than that provided for in this Agreement. Except as herein otherwise specified, the City shall not be liable to compensate or indemnify any County officer, agent, or employee for injury or sickness arising out ofhis/her employment (including Workers' Compensation). B. The County shall negotiate all labor relations agreements and personnel rules, regulations and procedures between the County and its officers, agents, and employees providing Services. The City may at any time report to County, through the Sheriff or his or her designee, its concerns about the County personnel performing Services. The Sheriff's Office shall investigate these concerns and take whatever action it deems appropriate. C. Int the event the County's ability to provide Services to the City is interrupted by strikes, boycotts, or other forces beyond control ofthe County, the County shall make a pro- rata adjustment ofamounts payable by the City to the County hereunder. Further, in the event ofany strike or boycott, the County shall exert reasonable means available to provide Services to the City and agrees that the City may, at its option, secure Services from another agency- during the term of any such strike or boycott. 8. City and County Cooperation. A. City shall give County full cooperation and assistance of its officers, agents and employees and hereby designates its City Manager as its representative to coordinate with the Sheriff all Services provided pursuant to this Agreement. B. The County shall give the City full cooperation and assistance ofits officers, agents and employees and hereby designates the Undersheriff to coordinate with the City Manager all activities provided pursuant to this Agreement. C. The City Manager or his/her delegate will meet with the Undersheriff or his/her delegate to resolve conflicts that may arise in the performance oft this Agreement. 9. City and County Indemnification. The County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts ofthe City or of any officer or employee thereof. The City shall defend, indemnify, release, and hold harmless the County, its officers, agents, elected officials, and employees, from any and all liability or claims (including actions, demands, damages, injuries, settlements, losses, or costs [including legal costs and attorney's fees]) (collectively, "Liability") of any nature, arising out of, pertaining to, or relating to the City's 2 acts or omissions under this Agreement, provided, however, that County officers and employees performing Services pursuant hereto shall not be deemed City officers or employees for the purpose ofthis paragraph. The County shall defend, indemnify, release and hold harmless the City, its officers, agents, elected officials, and employees, from any and all Liability of any nature, arising out of, pertaining to, or relating to County's acts or omissions under this Agreement. 10. Term. A. This Agreement shall go into effect on April 1, 2025, and will be effective until March 31, 2030, and unless either party gives written notice to the other party of non- renewal by March 31, 2029, shall without action by either party automatically renew on a rolling basis annually for a one (1) year term; provided, however, that either party may terminate the Agreement for any reason by giving one (1) year's notice to the other party at any time. B. The County and the Sheriff recognize the Sheriff's responsibilities pursuant to California Government Code section 26602 relative to the provision of services to the City of Plymouth in the event that the City fails or refuses to provide law enforcement services to its' citizens. 11. Standard for Provision of Police Protection Services. A. Police Protection Services shall be provided by County on the basis of general law enforcement service. In determining the minimum level ofPolice Protection Services, the Sheriff shall be guided by the hours when Police Protection Services should be most effective in keeping the peace and in response to calls for service. The Sheriff, as provided in Section 2 herein, shall determine the minimum level ofl Police Protection Services. Included in Police Protection Services, the Sheriff shall: provide traffic control and enforcement activity; respond to and investigate vehicular accidents; enforce the City's ordinances involving activities which have criminal sanctions (whether infractions or misdemeanors); detect and investigate misdemeanors and felonies; respond to reported emergency situations to render such assistance as may be necessary and within the Sheriff's ability to provide; provide foot and/or vehicular patrol of the downtown business district as a regular part of the deputies' assigned patrol shift; provide a visible patrol presence during the regular patrol shift to discourage crime and enhance the potential of detecting crimes in progress; respond to all calls for service within the City on a twenty-four (24) hour a day, seven (7) day a week basis; and provide other law enforcement services that the Sheriff believes will enhance the safety and security of the citizens of the City. Police Protection Services shall not include responding to or handling routine or non-emergency animal issues within the City. The City shall bear the cost and responsibility for addressing all animal issues within the City's boundaries, including but not limited to seizing, quarantining, housing and/or feeding animals. In the event the City is unwilling or unable to timely respond to any incident involving an animal, which is deemed an emergency by the responding law enforcement officer, the City hereby authorizes the Sheriff to request that Amador County Animal Control respond. If Amador County Animal Control 3 responds to any such emergency event, the City shall reimburse the County for all costs incurred in connection with that response. B. The Sheriff will provide the City with a summary report of law enforcement activities engaged in for the City at the end ofeach month. This will be provided without charge ift the report is one that the Sheriff S computer system can provide in a simple search command. If further reports or statistical reports are requested by the City, the City agrees to reimburse the Sheriff for the staff time necessary to generate such reports. C. If, during any given quarter, the County is required to provide an exceptional or significantly higher level of law enforcement services to the City beyond what is customarily expected under this Agreement, both parties agree to engage in discussions to assess the scope and impact ofthese extraordinary services. The purpose ofthese discussions will be to determine a fair and reasonable adjustment to the City's payment obligations, ensuring that the County is adequately compensated for the additional resources, personnel, or operational costs incurred. For the purposes oft this Agreement, examples of"extraordinary services" may include, but are not limited to; responses to civil disturbances, riots, or large-scale protests; high-profile criminal investigations or major crime incidents requiring specialized units, extended investigative work, or significant overtime and travel by County personnel; emergency or unplanned public safety measures during major events, festivals, or gatherings that exceed routine patrol and event security duties; deployment of specialized law enforcement units, such as SWAT, bomb squads, hazardous material teams, or crisis negotiation teams, in response to critical incidents within the City; and any other unforeseen circumstances that result in a substantial and unplanned demand for law enforcement services beyond the normal scope of operations covered under this Agreement. 12. Payment for Dispatch and Police Protection Services. In the first year oft this Agreement, which runs from April 1, 2025, to March 31, 2026, the City shall pay Three Hundred Eighty Seven Thousand Five Hundred Dollars ($387,500) for such the Services. The amounts payable under this Agreement shall be paid in equal quarterly amounts as set forth in Section 15 of this Agreement. For every subsequent year following the first year of the Agreement, on April 1st of each year, the rate of compensation shall automatically increase by five (5) percent over the previous year's total payment. The total annual payment amounts shall equal the below listed amounts: 4/1/2025 through 3/31/2026 - $387,500 4/1/2026 through 3/31/2027 - $406,875 4/1/2027 through 3/31/2028 - $427,219 4/1/2028 through 3/31/2029 - $448,580 4 4/1/2029 through 3/31/2030 - $471,009 13. Meet and Confer Obligation. In the event the City experiences a material reduction in revenue during the term of this Agreement, the parties agree to meet and confer regarding payment and Services provided under this Agreement. 1 4. Liaison. The Sheriff agrees that a "Liaison" will be designated by the Sheriff to be the primary contact between the City and Sheriff on operational issues. The primary contract between the Sheriff and the City for all contractual issues will be the Undersheriff. 15. Invoices. The County shall render to the City within ten (10) days after the close ofeach calendar quarter a standard invoice for all Services performed during said quarter, and the City shall pay the County therefore within thirty (30) days after the date ofthe invoice, as well as any interest accrued for late payments as set forth herein. The City shall pay interest on late payments at the rate of seven (7) percent of any outstanding amount owed under the terms of this Agreement. 16. Notices. All notices provided by this Agreement shall be in writing and shall be delivered by deposit in the United States mail, first class postage prepaid. Notices shall be mailed to Undersheriff, Amador County Sheriff's Office, 700 Court Street, Jackson, CA 95642 or City of Plymouth, clo City Administrator, P.O. Box 429, Plymouth, California, 95669. 17. Dispute Resolution. In the event of a dispute between City and County as to the calculation ofreimbursement under Government Code Section 51350 or other applicable law, City and County shall first participate in mediation on mutually acceptable terms and conditions. Ifi mediation is unsuccessful, the dispute shall be submitted to binding arbitration using the procedures contained in California Code ofCivil Procedure Section 1280, et seq. 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. COUNTY OF AMADOR CITY OF PLYMOUTH BY: BY: Patrick Crew, Chairman, Board of Peter Amoruso, Mayor Supervisors ATTEST: ATTEST: BY: Jennifer Burns, Clerk of the Board of BY: Supervisors Victoria McHenry, City Clerk APPROVED AS TO FORM: BY: Gary W. Redman, Sheriff-Coroner BY: Frank Splendorio, City Attorney APPROVED AS TO FORM: BY: Gregory Gillott, County Counsel 6