CITY COUNCIL OF AMADOR CITY
DRAFT. REGULAR MEETING AGENDA
THURSDAY. 20 JUNE 2024
7:00 PM
The agenda for this regular meeting is distributed to the City Council and posted in public locations in Amador City less than 72 hours prior to the meeting. Any pertinent documents related to Regular Agenda Items will be distributed to Council Members less than 72 hours prior to the meeting and available at City Hall during City Hall hours.
In-person participation by the public is welcomed. City Council Meetings will also be broadcast on the City's YouTube channel at; https://www.voutube.eom/@amadorcitvcouncil Members of the public not attending in-person may submit written comments prior to the meeting by emailing their comment to the City Clerk at [email protected] before 11:00 AM on the day of the meeting. Emailed public comments will be distributed to City Council and made part of the official record.
In compliance with the Americans with Disabilities Act, individuals may request disability-related accommodations by contacting the City Clerk before 11:00 AM on the Monday before the Council meeting. City Hall is wheelchair accessible.
1. MEETING CALLED TO ORDER
2. FLAG SALUTE/PLEDGE OF ALLEGIANCE - Lizzie Groth
Leading City Council and the Amador City community in the Flag Salute and Pledge of Allegiance this evening is Lizzie Groth, a soon-to-be third grade student.
ROLL CALL/ESTABLISH A QUORUM
Council Members Susan Bragstad, Bruce Sherrill, Anne Kel-Artinian, Sandy Staples
3. 4. APPROVAL OF CITY COUNCIL REGULAR MEETING AGENDA 20 JUNE 2024
5. PUBLIC COMMENT
Under provisions of the California Code, citizens wishing to address the Council for any matter not on the agenda may do so at this time. Please submit a completed Speaker Submittal Form to the City Clerk. Comments are limited to five minutes or less and speakers are requested to state their name/organization. Under provisions of the California Government Code, the City Council is prohibited from materially discussing or acting 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.
6. PRESENTATIONS/PROCLAMATIONS/APPOINTMENTS/CORRESPONDENCE 6A. Letter of Invitation to Lizzie Groth. 14 June 2024
6B. Letter of Support for Fuel-Break to Foothill Resource Management City Council of Amador City 1
CONSENT CALENDAR ITEMS
All matters listed under the Consent Calendar are to be considered routine by the City Council and will be enacted by one motion in the form listed. There will be no separate discussion of these items unless, before the City Council votes on the motion to adopt, members of the Council, staff or the public request specific items to be removed from the Consent Calendar for separate discussion and action.
7. Regular Meeting Agenda Minutes of 16 May 2024
Special Meeting Agenda Minutes of 28 May 2024
Financial-Fiscal Statement
7A.
7B.
7C,
8. ORDINANCES AND PUBLIC HEARINGS NONE
9. REGULAR AGENDA ITEMS
RESOLUTION NO. 625, authorizing the City Mayor to execute agreements with California Department of Tax and Fee Administration, required for implementation of voter passed Measure K, 0.25% sales tax increase for road repair and maintenance. - Mayor Staples
Attachments: Resolution No. 625
9A.
Exhibit A; Preparatory Agreement
Exhibit B: Administrative Agreement
Recommended Action: Approve resolution as presented by motion with Council vote RESOLUTION NO 626, authorizing the City Mayor and City Treasurer to examine California Department of Tax and Fee Administration records pertinent to Amador City, as required by for implementation of voter passed Measure K, 0.25% sales tax increase for road repair and maintenance.
Attachment;
Recommended A ction:
- Mayor Staples
Resolution No. 626
Approve resolution as presented by motion with Council vote 9B.
RESOLUTION NO. 627, listing projects to be funded by SB1 for the fiscal year 2024-2025 - City Treasurer Holly Groth and Mayor Staples
Attachment:
Recommended A ction:
Resolution No. 627
Approve resolution as presented by motion with Council vote 9C.
Update proposal from Amador County Recreation Agency (ACRA) to provide maintenance and upkeep for Amador City garden beds and properties. - Council Member Sherrill
Attachment:
Recommended A ction:
Email from Michael Rock, Director, ACRA
Determine whether City Council wishes to pursue
9D.
a contract
with ACRA by motion with Council vote.
City Council of Amador City 2
Proposal from Sergio Landscaping for clean-up of Amador Creek: east from fence at Luxemburg property, west to and slightly beyond sewer pond - Mayor Staples summary/graph
Recommended Action: Determine whether City Council wishes to pursue a contract Attachment:
for Amador Creek ciean~up, Amador Creek ciean-up
including hauling away debris, after seeking required bids for same service by motion with Council Vote.
9E.
Report on discussion with Amador County Animal Control regarding their Board direction to begin charging for services based on average cost per animal. - Mayor Staples and City Manager Dave Groth
Attachment:
Recommendation:
None
No Action
9F.
10. ADMllNISTRATIVE REPORTS AND COMMENTS
10A. CITY MANAGER'S REPORT AND COMMENTS
10B. CITY ATTORNEY'S REPORT AND COMMENTS
10C. MAYOR AND CITY COUNCIL MEMBERS' REPORTS AND COMMENTS 10D. PERMIT LOG
11. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
12. CLOSED SESSION
13. ADJOURNMENT
The next regular scheduled City Council meeting is Thursday, 18 July2024 at 7:00 PM City Council of Amador City 3
AGENDA ITEM 6A & 6B
CORRESPONDENCE
CITY OF -A.I/E^rJOR CITY
INCORPORATED JUNE 2. 1915
California.
Lizzie Groth
PO Box 136
Amador City, CA 95601
14 June 2024
Dear Lizzie,
As Mayor of Amador City, I am writing to invite you to the City Council meeting on Thursday, June 20th, 2024, to lead the City Council and the community in the Flag Salute and Pledge of Allegiance.
You wrote me a lovely card when ! became mayor, which meant a lot to me. I have your card on the desk at City Hall and smile whenever 1 read it. It will be an honor to have you there as the first of the young residents of Amador City invited to participate in City Council meetings.
You are welcome to have your family and friends there.
I am looking forward to you joining us on Thursday at 7:00 PM.
Sincerely
Sandy Staples
Mayor, Amador City
[email protected]
209.481.1513
P.S. Lizzie, you do not have to stay for the whole meeting (smile). (209) 267-0682 P.0, BOX 200 AMADOR CITY, CAUFORNIA 95601 CIT'Y OF -A.M^IDOFl CITY
tNCORPORATED JUNE 2. 19t5
Oalif ornia
Foothiil Resource Management
Steve Cannon
PO Box 818
Pine Grove, CA 95665
28 May 2024
Dear Mr. Cannon
The City Council of Amador City thanks you for the presentation you made to the council on Thursday, 16 May 2024, "Proposal for Amador City Fuel Break.' As noted in the project description, Amador City is within 1.5 miles of the central portion of the proposed fuel break and would potentially derive benefit from its construction.
Additionally, the proposal highlighted plans for total property vegetation management and targeted grazing to support maintenance of the fuel break, indicating a long term interest in and investment in this project. The fuel break, in combination with plans for its maintenance and for thinning vegetation, could serve as one of the tools of fire mitigation for Amador City.
Amador City offers its support for the proposed project on the property owned by C.J. and Lisa Rendic, as described in "Proposal for Amador City Fuel Break." Sincerely
Sandy Staples
Mayor. Amador City
(209) 267’0682 P,0. BOX 200 AMADOR CITY. CAUFORNIA 95601 AGENDA ITEM 7A
CITY COUNCIL OF AMADOR CITY
MINUTESOFTHE
REGULAR MEETING
THURSDAY, May 16, 2024
7:00 PM
MEETING CALLED TO ORDER
FLAG SALUTE
ROLL CALL - Staples, Kel-Artinian, Bragstad, Sherrill present APPROVAL OF REGULAR AGENDA of May 16,2024, - Bragstad moved, 2"'' by Sherrill, approved unanimously
PUBLIC COMMENT- a. Rand Huggett presented a possible design for a mural on the south wall of the building owned by Bruce Sherrill in downtown Amador City. Mr.
Huggett is a 44 year resident of the County and taught at Amador High School for 32 years and has painted murals on buildings in the County. He brought a sample of a mural presenting Amador City history in a parchment motif. Funding could be provided by contributions, fund raising activities, etc. b. Fire Chief Moreno informed Council of a planned burn of piles of vegetation along Amador Creek on Wednesday, May 22,2024, and asked for volunteers to help. He stated we have a 2 year burn permit, c. A speed study to decrease speed limit on 49 going north into Amador City from 55 mph to 50 mph is required for law enforcement to ticket and use radar. Study is good for 7 years.
Presentations/Proclamations/Appointments - None
Consent Agenda Items: a. Regular Council Meeting Minutes of April 18, 2024, KelArtinlan moved, 2"*^ by Sherrill, approved unanimously, b. Financial-Fiscal StatementBragstad moved, 2"'^ by Sherrill, approved unanimously.
1. 2.
3. 4.
5. 6.
7. ORDINANCES AND PUBLIC HEARINGS - Ordinance #186 - Establishing V4% transactions and use tax for 10 years to be administered by State Board of Equalization.
Bragstad moved, 2"‘’ by Sherrill to waive first hearing, approved unanimously. A Resolution will be required
REGULAR AGENDA ITEMS -
A. Special Meeting of City Council Tor Public Hearing and Council vote, after the 30- day required public posting of Ordinance No. 186 on Tuesday, May 28, 2024.
B. Request for letter from Amador City supporting a proposal presented by Steve Cannon regarding a fire break on unimproved property (see Exhibits A,B, and C attached) Bragstad moved, 2"" by Sherrill for letter from Amador City supporting planned fire break, approved unanimously.
C. ACRA- Diane of ACRAwill survey Amador City and report to Mike. Councilman Sherrill is waiting to hear back from ACRA and will report to Council In June.
D. Treasurer Holly Groth and Vice Mayor Anne Kel-Artinian are 2/3rds through reimbursement application for park. A Notice of Completion must be recorded in
8. 9.
June. See attached for Grant Funding financial breakdown. Projected General Fund contribution was $10,344.94, actual General Fund money used was $6,725.00. striping on court still to be done, safety inspection of playground equipment for insurance purposes to be performed...$800-$2,000 expenses to finish. (See Exhibit D)
E. Proposed development of Sewer Committee (scope, purpose, configuration) Study all issues including spray fields, tertiary system, billing. Sewer Committee has a 6 month mission to focus on City. Bragstad moved, 2"'* by Sherrill to form AD HOC committee to look Into future issues, options, self-sufficiency,research what other entities do, pursue grant possibilities, approved unanimously.
F. Review Amador City’s Conflict of Interest Code - Must pass Resolution updating Code no later than June meeting.
10. Council Committee Reports - Give up date. If very important can be in body of agenda, eliminating item 10 . RFP accounting firms published for 2 weeks. Open seat on Council advertised. City Manager is our Property Manager for City’s rental properties.
11. Transitioning out of ACTC, Measure K is okay with Transportation Tax and Fee Administration. Businesses to be informed. To be levied October 2024.
Meeting adjourned.
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AGENDA ITEM 7B
CITY COUNCIL OF AMADOR CITY
MINUTES OF SPECIAL MEETING AGENDA
TUESDAY, MAY 28, 2024-6:00 P.M
1. Meeting called to order
Flag salute
Roll Call - Council Member Susan Bragstad, Council Member Bruce Sherrill and Mayor Sandy Staples, present, Council Member Anne Kel-Artinian absent Approval of Agenda of May 28, 2024, Special Meeting - Bragstad moved, 2"‘“ by Sherrill, approved unanimously
Ordinances and Public Hearings
a. Ordinance No. 186 “An ordinance of the people of the city of Amador City, California, adding Chapter 3.12 to the Amador City Municipal Code to establish a one-quarter (1/4%) transactions and usetaxfor a period of ten years, said tax to be administered by the State Board of Equalization”. Bragstad moved, 2"'* by Sherrill, approved unanimously.
SpecialAgenda Item
a. Local banks that handle accounts for public entities. - Holly Groth, Treasurer Treasurer Groth presented two possibilities Bank of Marin and Bank of Stockton. Treasurer Groth’s recommendation was Bank of Marin which pays
4.4%. - Bragstad moved, 2'"' by Sherrill to put funds in Bank of Marin. Approved unanimously.
Meeting adjourned at 6:15 p.m.
2. 3.
4. 5.
6. 7.
AGENDA ITEM 7C
AGENDA ITEM 9A
RESOLUTION NO. 625
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMADOR CITY
AUTHORIZING THE CITY MAYOR TO EXECUTE AGREEMENTS WITH THE
CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX.
WHEREAS, on 28 May 24 , the City Council approved Ordinance No. 186 amending the City Municipal Code and providing for a local transactions and use tax; and WHEREAS, the California Department of Tax and Fee Administration(Department) administers and collects the transactions and use taxes for all applicable jurisdictions within the state; and WHEREAS, the Department will be responsible to administer and collect the transactions and use tax for the City; and
WHEREAS, the Department requires that the City enter into a “Preparatory Agreement” and an “Administration Agreement” prior to implementation of said taxes, and Whereas, the Department requires that the City Council authorize the agreements; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Amador City that the “Preparatory Agreement” attached as Exhibit A and the “Administrative Agreement” attached as Exhibit B are hereby approved and the City Mayor is hereby authorized to execute each agreement.
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Amador City held on 20 June 2024 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ATTEST: (s) (s)
Cily Clerk Mayor
AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE
CITY'S TRANSACTIONS AND USE TAX ORDINANCE
In order to prepare to administer a transactions and use tax ordinance adopted in accordance with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, the City of Amador City, hereinafter called City^ and the CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION, hereinafter called Department^ do agree as follows:
1. The Department agrees to enter into work to prepare to administer and operate a transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has been approved by a majority of the electors of the City and whose ordinance has been adopted by the City.
2- City agrees to pay to the Department at the times and in the amounts hereinafter specified all of the Department’s costs for preparatory work necessary to administer the City’s transactions and The Department's costs for preparatory work include costs of developing procedures, programming for data processing, developing and adopting appropriate regulations, designing and printing forms, developing instructions for the Department's staff and for taxpayers, and other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance.
These costs shall include both direct and indirect costs as specified in Section 11256 of the Government Code.
use tax ordinance.
3. Preparatory costs may be accounted for in a manner which conforms to the internal accounting and personnel records currently maintained by the Department. The billings for costs may be presented in summary form. Detailed records of preparatory costs will be retained for audit and verification by the City.
4. Any dispute as to the amount of preparatory costs incurred by the Department shall be referred to the State Director of Finance for resolution, and the Director's decision shall be final.
5. Preparatory costs incurred by the Department shall be billed by the Department periodically, with the final billing within a reasonable time after the operative date of the ordinance.
City shall pay to the Department the amount of such costs on or before the last day of the next succeeding month following the month when the billing is received. 1 6. The amount to be paid by City for the Department's preparatory costs shall not exceed one hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.)
7. Communications and notices may be sent by first class United States mail or through email at [email protected]. If and when communications and notices may include confidential information, communications and notices must be sent through encrypted email at [email protected] or by mail. Communications and notices to be sent to the Department shall be addressed to:
California Department of Tax and Fee Administration
P.O. Box 942879 MIC: 27
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to City shall be addressed to:
City Clerk of Amador City
PO Box 200
Amador Citv. California 95601
8. The date of this agreement is the date on which it is approved by the Department of General Services. This agreement shall continue in effect until the preparatory work necessary to administer City's transactions and use tax ordinance has been completed and the Department has received all payments due from City under the terms of this agreement.
CITY OF Amador Citv CALIFORNIA DEPARTMENT OF TAX
AND FEE ADMINISTRATION
By By
(Signature) Administrator
Local Revenue Branch
Sandra Staples
(Typed Name)
Mayor
(Title)
(Rev. 6/23)
2 AGREEMENT FOR STATE ADMINISTRATION
OF CITY TRANSACTIONS AND USE TAXES
The City Council of the City of Amador City has adopted, and the voters of the City of Amador City (hereafter called “City” or “District”) have approved by the required majority vote, the City of Amador City Transactions and Use Tax Ordinance (hereafter called “Ordinance”), a copy of which is attached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code and the Ordinance, the California State Department of Tax and Fee Administration, (hereinafter called the “Department”) and the City do agree as follows:
ARTICLE I
DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in the Agreement, they shall be interpreted to mean the following:
District taxes” shall mean the transactions and use taxes, penalties, and interest imposed under an ordinance specifically authorized by Revenue and Taxation code Section 7285.9 and in compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.
1. 2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to above and attached hereto. Ordinance No. 186, as amended from time to time, or as deemed to be amended from time to time pursuant to Revenue and Taxation Code Section 7262.2.
ARTICLE II
ADMINISTRATION AND COLLECTION
OF CITY TAXES
A. Administration. The Department and City agree that the Department shall perform exclusively all ftinctions incident to the administration and operation of the City Ordinance.
B. Other Applicable Laws. City agrees that all provisions of law applicable to the administration and operation of the Department Sales and Use Tax Law which are not inconsistent with Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund for any authorized purpose, including making refunds, compensating and reimbursing the Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which City is entitled.
C. Transmittal of money.
1. For the period during which the tax is in effect, and except as otherwise provided herein, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City periodically as promptly as feasible, but not less often than twice in each calendar quarter.
2. For periods subsequent to the expiration date of the tax whether by City’s self-imposed limits or by final judgment of any court of the State of California holding that City’s ordinance is invalid or void, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City not less than once in each calendar quarter.
3. Transmittals may be made by mail or electronic funds transfer to an account of the City designated and authorized by the City. A statement shall be furnished at least quarterly indicating the amounts withheld pursuant to Article IV of this Agreement.
D. Rules. The Department shall prescribe and adopt such rules and regulations as in its judgment are necessary or desirable for the administration and operation of the City Ordinance and the distribution of the district taxes collected thereunder.
E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this Agreement, the Department shall give no preference in applying money received for state sales and taxes, state-administered local sales and use taxes, and district transactions and use taxes owed by taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties, cities and counties, redevelopment agencies, other districts, and City as their interests appear. use
a
(Rev. 6/23) 2
F. Security. The Department agrees that any security which it hereafter requires to be furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available for the payment of the claims of City for district taxes owing to it as its interest appears.
The Department shall not be required to change the terms of any security now held by it, and City shall not participate in any security now held by the Department.
G. Records of the Department.
When requested by resolution of the legislative body of the City under section 7056 of the Revenue and Taxation Code, the Department agrees to permit authorized personnel of the City to examine the records of the Department, including the name, address, and account number of each seller holding a seller’s permit with a registered business location in the City, pertaining to the ascertainment of transactions and use taxes collected for the City. Information obtained by the City from examination of the Department's records shall be used by the City only for purposes related to the collection of transactions and use taxes by the Department pursuant to this Agreement.
H. Annexation. City agrees that the Department shall not be required to give effect to annexation, for the purpose of collecting, allocating, and distributing District transactions and taxes, earlier than the first day of the calendar quarter which commences not less than two months after notice to the Department. The notice shall include the name of the county or counties annexed to the extended City boundary. In the event the City shall annex an area, the boundaries of which are not coterminous with a county or counties, the notice shall include a description of the area annexed and two maps of the City showing the area annexed and the location address of the property nearest to the extended City boundary on each side of every street or road crossing the boundary. an
use
ARTICLE III
ALLOCATION OF TAX
A. Allocation. In the administration of the Department’s contracts with all districts that impose transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2 of the Revenue and Taxation Code:
I. Any payment not identified as being in payment of liability owing to a designated district or districts may be apportioned among the districts as their interest appear, or, in the discretion (Rev. 6/23) 3
of the Department, to all districts with which the Department has contracted using ratios reflected by the distribution of district taxes collected from all taxpayers.
2. All district taxes collected as a result of determinations or billings made by the Department, and all amounts refunded or credited may be distributed or charged to the respective districts in the same ratio as the taxpayer's self-declared district taxes for the period for which the determination, billing, refund or credit applies.
B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for registration or on the certificate of ownership may be used by the Department in determining the place of use.
ARTICLE IV
COMPENSATION
The City agrees to pay to the Department as the State's cost of administering the City Ordinance such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the Department for the City.
ARTICLE V
MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first class United States mail to the addresses listed below, or to such other addresses as the parties may from time to time designate or through email at [email protected]. If and when communications and notices may include confidential information, communications and notices must be sent through encrypted email at [email protected] or by mail.
(Rev. 6/23) 4
Communications and notices to be sent to the Department shall be addressed to:
California State Department of Tax and Fee Administration P.O. Box 942879
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to the City shall be addressed to:
City Clerk of Amador City
PO Box 200
Amador Citv. CA 95601
Unless otherwise directed, transmittals of payment of District transactions and use taxes will be sent to the address above.
B, Term. The date of this Agreement is the date on which it is approved by the Department of General Services. The Agreement shall take effect on 1 January 2025. This Agreement shall continue until December 31 next following the expiration date of the City Ordinance, and shall thereafter be renewed automatically from year to year until the Department completes all work necessary to the administration of the City Ordinance and has received and disbursed all payments due under that Ordinance.
C. Notice of Repeal of Ordinance. City shall give the Department written notice of the repeal of the City Ordinance not less than 110 days prior to the operative date of the repeal. (Rev. 6/23) 5
ARTICLE VI
ADMINISTRATION OF TAXES IF THE
ORDINANCE IS CHALLENGED AS BEING INVALID
A. Impoundment of funds.
1. When a legal action is begun challenging the validity of the imposition of the tax, the City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under Article II. C., until a court of competent jurisdiction renders a final and non-appealable judgment that the tax is valid.
2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall transmit to the Department the moneys retained in escrow, including any accumulated interest, within ten days of the judgment of the trial court in the litigation awarding costs and fees becoming final and non-appealable.
B, Costs of administration. Should a final judgment be entered in any court of the State of California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:
1. Department may retain all payments made by City to Department to prepare to administer the City Ordinance.
2. City will pay to Department and allow Department to retain Department's cost of administering the City Ordinance in the amounts set forth in Article IV of this Agreement.
3. City will pay to Department or to the State of California the amount of any taxes plus interest and penalties, if any, that Department or the State of California may be required to rebate or refund to taxpayers.
4. City will pay to Department its costs for rebating or refunding such taxes, interest, or penalties. Department's costs shall include its additional cost for developing procedures for processing (Rev. 6/23) 6
the rebates or refunds, its costs of actually making these refunds, designing and printing forms, and developing instructions for Department's staff for use in making these rebates or refunds and any other costs incurred by Department which are reasonably appropriate or necessary to make those rebates or refunds. These costs shall include Department's direct and indirect costs as specified by Section 11256 of the Government Code.
5. Costs may be accounted for in a manner, which conforms to the internal accounting, and personnel records currently maintained by the Department. The billings for such costs may be presented in summary form. Detailed records will be retained for audit and verification by City.
6. Any dispute as to the amount of costs incurred by Department in refunding taxes shall be referred to the State Director of Finance for resolution and the Director’s decision shall be final.
7. Costs incurred by Department in connection with such refunds shall be billed by Department on or before the 25th day of the second month following the month in which the judgment of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter Department shall bill City on or before the 25th of each month for all costs incurred by Department for the preceding calendar month. City shall pay to Department the amount of such costs on or before the last day of the succeeding month and shall pay to Department the total amount of taxes, interest, and penalties refunded or paid to taxpayers, together with Department costs incurred in making those refunds.
CALIFORNIA STATE DEPARTMENT OF
TAX AND FEE ADMINISTRATION
CITY OF Amador City
By By
Administrator
Local Revenue Branch
(Signature)
Sandra Staples
(Typed Name)
Mayor
(Title)
(Rev. 6/23) 7
AGENDA ITEM 9B
RESOLUTION NO. 626
A Resolution of the City of Amador City Authorizing Examination of Sales or Transactions and Use Taxes Records
WHEREAS, pursuant to Ordinance Number 186 of Amador City and Revenue and Taxation Code section 7270, the District entered into a contract with the California Department of Tax and Fee Administration, Local Revenue Branch, to perform all functions incident to the administration and collection of transactions and use taxes; and
WHEREAS, the Board of the District deems it desirable and necessary for authorized officers, employees and representatives of the District to examine confidential sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected by the Department for the District pursuant to that contract; and
WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department;
NOW, THEREFORE, THE BOARD OF THE DISTRICT OF AMADOR CITY HEREBY RESOLVES AS FOLLOWS:
That the Mayor or other officer or employee of the District designated in writing by the Mayor to the California Department of Tax and Fee Administration is hereby appointed to represent the District with authority to examine sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected for the District by the Department pursuant to the contract between the District and the Department.
The information obtained by examination of Department records shall be used only for purposes related to the collection of District transactions and use taxes by the Department pursuant to that contract.
BE IT FURTHER RESOLVED that the information obtained by examination of Department records shall be used only for purposes related to the collection of District transactions and use taxes by the Department pursuant to the contract between the District and the Department.
That this resolution supercedes all prior resolutions of the Board of the District adopted pursuant to subdivision (b) of Revenue and Taxation Code section 7056. t ».
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Introduced, approved and adopted this 20th day of June 2024.
ATTEST: (s) City Clerk of Amador City
I, the City Clerk, of Amador City, California, DO HEREBY CERTIFY that the foregoing resolution was duly introduced, approved and adopted by the City Council of the District of Amador City at a regular meeting of said City Council held on the 20th day of June, 2024, by the following roll-call vote:
Ayes:
Noes:
Absent:
(s).
Clerk
AGENDA ITEM 9C
RESOLUTION NO. 627
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Amador City ("City") are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $5,180 in RMRA funding in Fiscal Year 2024-25 from SB 1; and
WHEREAS, this is the 7'*' year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects and safety improvements for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the funding from SB 1 will help the City maintain approx. 3 streets/roads, throughout the City this year and similar projects into the future; and WHEREAS, the 2022 California Statewide Local Streets and Roads Needs Assessment found that the City's streets and roads are in an "at-risk" condition and this revenue will help us increase the overall quality of our road system and over the next decade wilt bring our streets and roads into a "lower risk" condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure, with a focus on basic maintenance and safety, and will have positive benefits citywide.
WHEREAS, the City recognizes that it's needs and priorities may change with regards to roads throughout the Fiscal Year 2024-25, and therefore reserves the right to re-direct RMRA funds to other necessary road maintenance and rehabilitation projects, should the need arise.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Amador, State of California, as follows:
1. The foregoing recitals are true and correct.
The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues;
2. Project Title: Routine Weed Abatement
Project Description: Weed abatement/spraying along city roads Project Location: Old Highway 49/Main Street from the south city limit sign to O'Neill Alley and Amador Creek Road from East School Street to the city limit just before the bridge Estimated Project Schedule: Start (01/25)- Completion (03/25) based on the component being funded with RMRA funds
Estimated Project Useful Life: 1 year
Project Title: East School Street Stop Sign Road Markings Project Description: Stamp/paint road with "stop sign ahead" and "stop" markings Project Location: East School Street
Estimated Project Schedule: Start (08/24)- Completion (10/24) based on the component being funded with RMRA funds
Estimated Project Useful Life; 5 years
Project Title: Routine Road Repair
Project Description: Treat and Fill Pothole
Project Location: Intersection of Main Street/Church Street Estimated Project Schedule: Start (08/23)- Completion (10/23) based on the component being funded with RMRA funds
Estimated Project Useful Life: 5 years
Project Title: Old Hwy 49 Solar Speed Sign Weed Abatement /Tree Removal Project Description: Weed abatement/tree removal to clear area around solar speed sign so sign gets more sunlight and is more visible to motorists.
Project Location: Weed abatement and tree removal along south end of Old Hwy 49 near solar speed sign.
Estimated Project Schedule: Start (09/24)- Completion (3/25) based on the component being funded with RMRA funds
Estimated Project Useful Life: 3 years
PASSED AND ADOPTED by the City Council of the City of Amador, State of California this 20th day of June, 2024, by the following vote:
Ayes;
Noes:
Absent; Sandy Staples, Mayor
Abstains
Joyce Davidson, City Clerk
AGENDA ITEM 9D
From: Michael Rock <[email protected]>
Sent: Tuesday, June 11, 2024 9:56 AM
To: bruce.sherrill(S)amador-citv.com <[email protected]> Subject: ACRA Landscape Maintenace Proposal for Amador City Hi Bruce:
Here is the detailed analysis and proposal for one time costs and on-going costs in Amador City:
Flower Beds -Numbered 1-7
Remove weeds & poppies (once they are dead) from all flower beds leaving only the ground cover.
Irma -10 hours
Patio Area - Number 9
Weed eat area behind Museum, puli weeds from patio area and apply weed killer.
Dianne - 3 hours
Pocket Park - Number 10
Pull weeds, weed eat area around Kiosk Sign & hillside
Dianne 2 hours
Cemetery -
Remove brush & debris, weed eat entire area including around headstones, trim overhanging and/or dead branches and remove from area
Dianne - 8 hours
Ron - 8 hours
Park -
Weed eat area including under benches, along fence line, walkways and around playground. Trim overhanging branches & remove. Pull weeds & remove moss from brick area under picnic tables and apply weed killer. Make walking paths clear of debris Dianne - 8 hours
Maintaining Park -
2 hours per week includes weed eating and pulling of weeds as needed, empty trash, blowing off playground, keeping flower beds clear of weeds and debris Irma - 8 hours per month
A flat hourly rate of $25 will cover all labor costs
The on-going monthly costs are: 8 hours per month x $25/hour or $200/month Feel free to contact Diane with any detailed questions.
Michael
AGENDA ITEM 9E
AMADOR CREEK CLEAN-UP PROPOSAL
SUMMARY
PURPOSE - fire mitigation
- flood mitigation
- protect sewer pond
- esthetics
SCOPE:
the fence crossing Amador Creek at the Luxemburg property line slightly beyond the sewer pond
starting point:
ending point:
Saturdays, as soon as possible while
vegetation is still green
PROPOSED WORK SCHEDULE:
$6,300, creek cleanup only
(+$1,000 if the work crew hauls debris away)
$5,600, creek cleanup only
QUOTE. 2024:
FEE PAID. 2023:
AGENDA ITEM 10D
AMADOR CITY
2024 Building Permits
City Clerk: Joyce Davidson (209) 267-0682
Final
inspection
Date
Buiiding
Permit
CASP Earthquake
Fee
Permit Fee
Total
Project
Valuation
Permit
issue Date
Appiication
Date
Owners Name/Project Address Zoning Scope of Work Applicant Fee No.
R 2/1/2024 $30,596.40 $2.00 $3.98 $818.53 6/3/2024 Carport attached to detached garage Lyons 10742 Cross Street Grady 10630 O'neill alley
Amador Real Estate Holdings
2839-062 1/4/2024 Pat Lyons
R 1/22/2024 $500,00 $1.00 $0.50 $271.50 4/23/2024 Siding repairs 2839-063 1/8/2024 Katie Grady 2839-064 2/8/2024 Tom Swett c 2/15/2024 $7,500.00 $1,00 $2.10 $426.35 4/11/2024 Siding and Stair repairs Break even beermakers 14141
old 49
C $2,000.00 Walkin cooler 2839-065 1/2/2024 Kevin Carter Water St LLC 10781 Water
Street
C 3/7/2024 $1,000.00 $1.00 $0.50 $406.50 Upgrade electrical and lighting 2839-066 2/26/2024 Patrick Lyons C 3/11/2024 $8.000 car charger / no fee permit 14203 Main Street Parsons 106100neill Alley
Cava 14331 Gods Hill Rd
2839-067 2/22/2024 Bruce Sherill
4/25/2024 $89,614.76 $4 $11.65 $1,972.22 garage w/ living area 2839-068 3/12/2024 Randy Parsons R 4/11/2024 56,000.00 $3 $7,28 $1,141.77 new elevator 2839-069 3/1920224 Dave Cava 2024 1st QTR Total $195,211.16 $12.00 $ 26.01 $ 5,036.87 Bisseil/Alien 14501 E. School St 4/11/2024 3852.88 $1.00 $0.52 $406.52 Roof over existing deck Pelletier/Barney 10971 Amador
Creek
2839-070 4/4/2024 Dave Bissell R
Detached carport to garage / work with out
permit
Robert Pelletier R 4/24/2024 $7,252.48 $1.00 $0.94 $535.09 4/24/2024 2839-071 4/15/2024 2839-072 4/23/2024 Russell Robinson 14251 Gods Hill RD R 5/14/2024 $1,700.00 $1,00 $0.50 $339,00 Upgrade main panel 2024 2nd QTR Total $ 12,805.36 $ 3.00 $ 1.96 $ 1,280.61 2024 3rd QTR Total $ $ $ $
2024 4th QTR Total $ $ $ $
Total to Date 208,016.52 15.00 27.97 6,317.48