Agenda packet, regular meeting, first session — Nevada City City Council, January 26, 2022

Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY January 26, 2021 6:30 P.M.

MISSION STATEMENT
The City of Nevada City is dedicated to preserving and enhancing its small town character and historical architecture while providing quality public services for our current and future residents, businesses and visitors.

Duane Strawser, Mayor
Erin Minett, Council Member Douglas Fleming, Vice Mayor Daniela Fernández, Council Member Gary Petersen, Council Member The City Council welcomes you to its meetings which are scheduled at 6:30 PM on the 2nd and 4th Wednesdays of each month. Your interest is encouraged and appreciated. This meeting is recorded on DVD and is televised on local public television Channel 17. Other special accommodations may be requested to the City Clerk 72 hours in advance of the meeting. Please turn off all cell phones or similar devices. Action may be taken on any agenda item. Agenda notices are available at City Hall. Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Hall at 317 Broad Street, Nevada City, CA during normal business hours.

In order to minimize the spread of COVID-19 virus, Governor Newsom has issued Executive Orders that temporarily suspend requirements of the Brown Act. Please be advised that the Council Chambers are closed to the public and that some or all of the City of Nevada City, City Council Members may attend this meeting telephonically.

To watch City Council Meetings live you have the follow options:

1. Public Television Channel 17

2. City’s website: https://nevadacityca.gov/pview.aspx?id=20797&catid=563

3. Nevada City Public Meetings, YouTube Channel:
https://www.youtube.com/channel/UCXSQwrXtey12YIl3IbyGMYQ

4. Granicus: http://nevco.granicus.com/player/camera/2?publish_id=7&redirect=true If you wish to comment during Public Comment time or on any item on the agenda, you have the following options:

1. Please click the link below to join the webinar and use the “RAISE HAND” feature at the bottom of your screen:
https://us02web.zoom.us/j/89009138474
Webinar ID: 890 0913 8474

2. Email your comments to [email protected] Comments will be accepted until 7pm on the Monday prior to the meeting date. Comments will not be read during the City Council meeting (due to virtual participation option above), but will be forwarded to all Council Members prior to the City Council Meeting, so they have time to read them before to the meeting time. When sending an email it is extremely helpful to include the following:
a. Full Name
b. Address (specific or general, ie: resident in unincorporated Nevada City) c. The item number that you are commenting on.

CALL TO ORDER
NISENAN TRIBE RECOGNITION: This City Council Meeting Convenes on the Ancestral Territories of the Nevada City Rancheria Nisenan Tribe

PLEDGE OF ALLEGIANCE
ROLL CALL _____ Mayor Strawser
_____ Vice-Mayor Fleming
_____ Councilmember Fernández
_____ Councilmember Minett
_____ Councilmember Petersen
MEETING PROCEDURES: All items on agenda will be open for public comments before final action is taken. Citizens wishing to introduce written material into the record at the public meeting on any item are requested to provide a copy of the written material to the Deputy City Clerk prior to the meeting date so that the material may be distributed to the City Council prior to the meeting.

Speakers must restrict comments to the item as it appears on the agenda and stay within a three minutes time limit (or lesser time if the Mayor determines it necessary due to the number of persons who may wish to speak on an item). The Mayor similarly has the discretion of limiting the total discussion time for an item as may be necessary.

ADOPTION OF THE AGENDA (This is the time for agenda modifications)

ANNOUNCEMENT OF ACTION FROM CLOSED SESSION

PRESENTATIONS
Proclamation of the City Council Proclaiming Every June in Nevada City as LGBT+ Pride Month
PUBLIC COMMENT: Government Code Section 54954.3 provides that any member of the public may address the City Council on any matter NOT ON THE AGENDA that is within the subject matter jurisdiction of the city. The Brown Act, with limited exceptions, does not allow the Council or staff to discuss issues brought forth under Public Comment. The Council cannot take action on non-agenda items. Concerns may be referred to staff or placed on a future agenda. Please note that comments from the public will also be taken on each agenda item. At the time it is heard. Speakers must restrict comments to the item as it appears on the agenda and stay within a three minutes time limit (or lesser time if the Mayor determines it necessary due to the number of persons who may wish to speak on an item). The Mayor similarly has the discretion of limiting the total discussion time for an item as may be necessary.

CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine in nature and will be approved by one motion. There will be no separate discussion of these items unless a member of the Council or staff has requested a change under Adoption of the Agenda, in which case the item will be removed for separate consideration. Any item so removed will be taken up following the motion to approve the Consent Agenda

1. Fire Activity Report—December
Recommended Action: Receive and file

2. Consideration of Reaffirmation of Resolution No. 2021-44: A Resolution of the City Council of the City of Nevada City Making the Legally Required Findings to Continue to Authorize the Conduct of Remote “Telephonic” Meetings During the State of Emergency
Recommended Action: Reconfirm resolution

3. Request to Approve the Purchase of Three Self-Contained Breathing Apparatus from the Proposition 64 Public Health & Safety Grant Program in the Amount of $ 30,236.63
Recommended Action: Approve the purchase from Scott Company and authorized Chief Buttron to enter into the purchase agreement upon legal review CONSENT ITEMS FORWARD: Items pulled from the Consent Agenda will be discussed individually with action taken by separate motion.

PUBLIC HEARINGS:

Notice to the Public:

The City Council, when considering the matter scheduled for hearing, will take the following actions:
a) Open the Public Hearing
b) Presentation by Staff
c) Presentation by Applicant or Appellant (if applicable) d) Accept Public Testimony
e) Applicant or Appellant Rebuttal Period (if applicable) f) Close the Public Hearing
g) Council Comments and questions
h) Council Action
Once the hearing is closed, no further public comment will be taken. If you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you, or someone else, raised orally at the public hearing or in written correspondence received by the city at or before the public hearing.

Public hearings listed for continuance will be continued as noted and posting of this agenda serves as notice of continuance. Any matter not noted for continuance will be posed separately.

4. Public Hearing to Consider Adoption of Final Fiscal Year 2021-2022 Budget and Various Resolutions
Recommended Action: Adopt the following resolutions:

Resolution No. 2022-6: A Resolution of the City Council of the City of Nevada City Adopting Fiscal Year 2021-2022 Budget
Resolution No. 2022-7: A Resolution of the City Council of the City of Nevada City Approving Fiscal Management and Investment Policies
Resolution No. 2022-8: A Resolution of the City Council of the City of Nevada City Certifying Compliance with the 2020-2021 Appropriations Limitation and Establishing the Appropriation Limitation for the 2021-2022 Fiscal Year Adopting the Appropriations Limit for Fiscal Year 2021-2022

BUSINESS

5. Consideration of Approval of Employment Agreement with Sean Grayson to Serve as Nevada City City Manager
Recommended Action: Approve agreement

6. Consideration of Supplemental Sick Leave to Compensate Employees for Mandatory Leave/Quarantine Due to Documented COVID Illness or Exposure Recommended Action: Consider the option of providing additional supplemental sick leave and direct staff

7. Consideration of Resolution No. 2022-09: A Resolution of the City Council of the City of Nevada City Declaring the Present Nevada County Courthouse Location as the Preferred Site for a New Courthouse in Nevada City for the Preservation of An Historic Building and for the City’s Economic Stability Recommended Action: Adopt resolution

8. Discussion and Determination on Continuing Outdoor Dining and Use of Tents Recommended Action: This will be an oral report with staff seeking direction on whether or not the Council wishes to extend outdoor dining beyond the end of January 2022

CITY MANAGER, COUNCILMEMBER REPORTS AND FUTURE AGENDA ITEMS

ADJOURNMENT
THE MEETING WILL ADJOURN AT 9:30 P.M. UNLESS A DECISION IS MADE BY MOTION OF A COUNCILLMEMBER TO EXTEND THE TIME.

AMERICANS WITH DISABILITY ACT (ADA) REQUESTS
In compliance with the Americans with Disabilities Act of 1990, if you need special assistance to participate in this meeting, please contact the Deputy City Clerk at 530-265-2496 x133.

Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].

Certification of Posting of Agenda
I, Gabrielle Christakes, Administrative Services Technician/Deputy City Clerk for the City of Nevada City, declares that the foregoing agenda for the January 26th, 2022 Regular Meeting of the Nevada City City Council was posted January 21, 2022 at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.

Signed January 21, 2022 at Nevada City, California
___________________________________________________
Gabrielle Christakes, Administrative Services Technician/Deputy City Clerk Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY January 26, 2021 6:30 P.M.

To watch City Council Meetings live you have the follow options:

1. Public Television Channel 17

2. City’s website: https://nevadacityca.gov/pview.aspx?id=20797&catid=563

3. Nevada City Public Meetings, YouTube Channel:
https://www.youtube.com/channel/UCXSQwrXtey12YIl3IbyGMYQ

4. Granicus: http://nevco.granicus.com/player/camera/2?publish_id=7&redirect=true If you wish to comment during Public Comment time or on any item on the agenda, you have the following options:

1. Please click the link below to join the webinar and use the “RAISE HAND” feature at the bottom of your screen:
https://us02web.zoom.us/j/89009138474
Webinar ID: 890 0913 8474

CALL TO ORDER
NISENAN TRIBE RECOGNITION: This City Council Meeting Convenes on the Ancestral Territories of the Nevada City Rancheria Nisenan Tribe

ADOPTION OF THE AGENDA (This is the time for agenda modifications)

ANNOUNCEMENT OF ACTION FROM CLOSED SESSION

1. Fire Activity Report—December
Recommended Action: Receive and file

PUBLIC HEARINGS:

Notice to the Public:

Public hearings listed for continuance will be continued as noted and posting of this agenda serves as notice of continuance. Any matter not noted for continuance will be posed separately.

4. Public Hearing to Consider Adoption of Final Fiscal Year 2021-2022 Budget and Various Resolutions
Recommended Action: Adopt the following resolutions:

BUSINESS

5. Consideration of Approval of Employment Agreement with Sean Grayson to Serve as Nevada City City Manager
Recommended Action: Approve agreement

CITY MANAGER, COUNCILMEMBER REPORTS AND FUTURE AGENDA ITEMS

ADJOURNMENT
THE MEETING WILL ADJOURN AT 9:30 P.M. UNLESS A DECISION IS MADE BY MOTION OF A COUNCILLMEMBER TO EXTEND THE TIME.

Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].

Signed January 21, 2022 at Nevada City, California
___________________________________________________
Gabrielle Christakes, Administrative Services Technician/Deputy City Clerk

CITY OF NEVADA CITY PROCLAMATION

PROCLAIMING EVERY JUNE IN NEVADA CITY
AS LGBTQ+ PRIDE MONTH
WHEREAS, the City Council of Nevada City recognizes and proclaims every month of June as Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ+) “Pride Month”; and WHEREAS, the Council honors the history of the LGBTQ+ liberation movement and supports the rights of all citizens to experience equality and freedom from discrimination; and WHEREAS, all human beings are born free and equal in dignity and rights. LGBTQ+ individuals have had immeasurable impact to the cultural, civic and economic successes of our country; and
WHEREAS, this nation was founded on the principle that every individual has infinite dignity and worth, and this Council calls upon the people of this city to embrace this principle and work to eliminate prejudice and discrimination everywhere it exists; and WHEREAS, the Nevada City Council is committed to supporting visibility, dignity and equality for LGBTQ+ people in our diverse community; and WHEREAS, while society at large increasingly supports LGBTQ+ equality, it is essential to acknowledge that the need for education and awareness remains vital to end discrimination and prejudice; and
WHEREAS, celebrating Pride Month influences awareness and provides support and advocacy for the LGBTQ+ community, and is an opportunity to take action and engage in dialogue to strengthen alliances, build acceptance and advance equal rights; NOW, THEREFORE BE IT RESOLVED that the City Council of Nevada City does hereby proclaims every June in Nevada City as Pride Month in support of the LGBTQ+ community.

DATED: January 26, 2021
____________________________________
Duane Strawser
Mayor

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: January 26, 2022 Agenda Item No. 01
Subject: Fire Activity Report – December 2021
From: Sam Goodspeed, Division Chief
Date: January 19, 2022
Reviewed & Approved:

Recommended Action: Receive and File
ISSUE STATEMENT AND DISCUSSION:

The attached Fire Activity Report reviews the monthly responses for Nevada City Fire Station 5.

FINANCIAL AND/OR POLICY IMPLICATIONS:

Not applicable.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable.

LEGAL REVIEW:

City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.

ATTACHMENTS:
• Mutual Aid Given / Received Summary
• Station 5 Incident Type Report Summary
• Station 5 Response by District
• City of Nevada City Incident Type Report
Elite grsnev City of Nevada City Incident Type Report (Summary) Basic Incident Type Code And
Description (FD1.21)
Total
Incidents
Total Incidents Percent of
Incidents
Total Property
Loss
Total Content
Loss
Total
Loss
Total Loss Percent
of Total
Incident Type Category (FD1.21): 1 - Fire
132 - Road freight or transport vehicle fire 1 1.03% 0.00 0.00 0.00 Total: 1 Total: 1.03% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 321 - EMS call, excluding vehicle accident
with injury
46 47.42%
322 - Motor vehicle accident with injuries 1 1.03%
324 - Motor vehicle accident with no
injuries.
1 1.03%
351 - Extrication of victim(s) from
building/structure
1 1.03%
Total: 49 Total: 50.52% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 411 - Gasoline or other flammable liquid
spill
1 1.03%
412 - Gas leak (natural gas or LPG) 4 4.12%
421 - Chemical hazard (no spill or leak) 1 1.03%
424 - Carbon monoxide incident 1 1.03%
440 - Electrical wiring/equipment problem,
other
3 3.09%
444 - Power line down 8 8.25%
445 - Arcing, shorted electrical equipment 3 3.09%
Total: 21 Total: 21.65% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Incident Type Category (FD1.21): 5 - Service Call
551 - Assist police or other governmental
agency
2 2.06%
553 - Public service 2 2.06%
554 - Assist invalid 4 4.12%
Total: 8 Total: 8.25% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Incident Type Category (FD1.21): 6 - Good Intent Call
611 - Dispatched and cancelled en route 8 8.25%
622 - No incident found on arrival at
dispatch address
1 1.03%
631 - Authorized controlled burning 1 1.03%
Total: 10 Total: 10.31% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Incident Type Category (FD1.21): 7 - False Alarm & False Call 711 - Municipal alarm system, malicious
false alarm
1 1.03%
715 - Local alarm system, malicious false
alarm
1 1.03%
734 - Heat detector activation due to
malfunction
1 1.03%
735 - Alarm system sounded due to
malfunction
1 1.03%
745 - Alarm system activation, no fire -
unintentional
1 1.03%
746 - Carbon monoxide detector
activation, no CO
1 1.03%
Total: 6 Total: 6.19% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Incident Type Category (FD1.21): 8 - Severe Weather & Natural Disaster 812 - Flood assessment 1 1.03%
815 - Severe weather or natural disaster
standby
1 1.03%
Total: 2 Total: 2.06% Total: 0.00 Total: 0.00 Total: Total: 0.00% 1 of 2 Printed On: 01/14/2022 08:05:12 AM
Basic Incident Type Code And
Description (FD1.21)
Total
Incidents
Total Incidents Percent of
Incidents
Total Property
Loss
Total Content
Loss
Total
Loss
Total Loss Percent
of Total
Basic Incident Zone/District Number (Fd1.32):

Basic Incident Postal Code (Fd1.19):

Basic Incident Date - Derived (Fd1.3):

0.00 Total: 97 Total: 100.00% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Report Criteria
Is In 5 - Station 5 - City, Nevada City Stn 5
Is Equal To 95959
Is Equal To Last Month
2 of 2 Printed On: 01/14/2022 08:05:12 AM
Elite grsnev Station 5 Incident Type Report (Summary)
Basic Incident Type Code And
Description (FD1.21)
Total
Incidents
Total Incidents Percent of
Incidents
Total Property
Loss
Total Content
Loss
Total Loss Total Loss Percent
of Total
Incident Type Category (FD1.21): 1 - Fire
113 - Cooking fire, confined to container 1 0.56% 100.00 100.00 200.00 3.85% 114 - Chimney or flue fire, confined to
chimney or flue
1 0.56%
131 - Passenger vehicle fire 1 0.56% 5,000.00 0.00 5,000.00 96.15% 132 - Road freight or transport vehicle
fire
1 0.56% 0.00 0.00 0.00 0.00%
138 - Off-road vehicle or heavy
equipment fire
1 0.56%
Total: 5 Total: 2.78% Total:
5,100.00
Total: 100.00 Total:
5,200.00
Total: 100.00%
Incident Type Category (FD1.21): 2 - Overpressure Rupture, Explosion, Overheat (No Fire) 251 - Excessive heat, scorch burns with
no ignition
1 0.56%
Total: 1 Total: 0.56% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 321 - EMS call, excluding vehicle accident
with injury
62 34.44%
322 - Motor vehicle accident with injuries 7 3.89%
324 - Motor vehicle accident with no
injuries.
7 3.89%
351 - Extrication of victim(s) from
building/structure
1 0.56%
353 - Removal of victim(s) from stalled
elevator
1 0.56%
Total: 78 Total: 43.33% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 411 - Gasoline or other flammable liquid
spill
2 1.11%
412 - Gas leak (natural gas or LPG) 10 5.56%
421 - Chemical hazard (no spill or leak) 1 0.56%
424 - Carbon monoxide incident 1 0.56%
440 - Electrical wiring/equipment
problem, other
3 1.67%
444 - Power line down 8 4.44%
445 - Arcing, shorted electrical equipment 3 1.67%
461 - Building or structure weakened or
collapsed
1 0.56%
463 - Vehicle accident, general cleanup 2 1.11%
Total: 31 Total: 17.22% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 5 - Service Call
551 - Assist police or other governmental
agency
2 1.11%
553 - Public service 1 0.56%
554 - Assist invalid 6 3.33%
561 - Unauthorized burning 1 0.56%
Total: 10 Total: 5.56% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 6 - Good Intent Call
611 - Dispatched and cancelled en route 24 13.33%
6111 - Monitoring of call only 3 1.67%
622 - No incident found on arrival at
dispatch address
5 2.78%
631 - Authorized controlled burning 1 0.56%
Total: 33 Total: 18.33% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 7 - False Alarm & False Call 711 - Municipal alarm system, malicious
false alarm
1 0.56%
715 - Local alarm system, malicious false 1 0.56%
1 of 2 Printed On: 01/14/2022 08:05:36 AM
Basic Incident Type Code And
Description (FD1.21)
Total
Incidents
Total Incidents Percent of
Incidents
Total Property
Loss
Total Content
Loss
Total Loss Total Loss Percent
of Total
Basic Incident Type (Fd1.21):

Apparatus Resource Id (Fd18.1):

Basic Incident Date - Derived (Fd1.3):
alarm
733 - Smoke detector activation due to
malfunction
3 1.67%
734 - Heat detector activation due to
malfunction
1 0.56%
735 - Alarm system sounded due to
malfunction
6 3.33%
744 - Detector activation, no fire -
unintentional
1 0.56%
745 - Alarm system activation, no fire -
unintentional
5 2.78%
Total: 18 Total: 10.00% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 8 - Severe Weather & Natural Disaster 812 - Flood assessment 2 1.11%
815 - Severe weather or natural disaster
standby
2 1.11%
Total: 4 Total: 2.22% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Total: 180 Total: 100.00% Total:
5,100.00
Total: 100.00 Total:
5,200.00
Total: 100.00%
Report Criteria
Is Not Blank
Is In Brush 5, Chief 5400, Engine 5, Utility 5
Is Equal To Last Month
2 of 2 Printed On: 01/14/2022 08:05:36 AM
Elite grsnev Station 5 Mutual Aid Given/Received (Summary) Mutual Aid Given (Summary) - City of Nevada City
Any incident where the department name is not listed will be listed with a department type of *NA.

Basic Aid Given Their Fire Department Name (FD1.23) Total Incidents Nevada County Consolidated Fire District 25
Other 1
Total: 26
1 of 2 Printed On: 01/14/2022 08:05:47 AM
Basic Incident Date - Derived (Fd1.3):

Mutual Aid Received (Summary) - City of Nevada City
Any incident where the department name is not listed will be listed with a department type of *NA.

Basic Aid Received Their Fire Department Name List (FD1.80) Total Incidents Calfire - NEU 2
Nevada County Consolidated Fire District 56
Nevada County Consolidated Fire District, Calfire - NEU 2 Penn Valley Fire Protection District 1
Total: 61
Report Criteria
Is Equal To Last Month
2 of 2 Printed On: 01/14/2022 08:05:47 AM
Apparatus Resource Id (Fd18.1):

Basic Incident Date - Derived (Fd1.3):

Elite grsnev Station 5 Response by District
Basic Incident Zone/District Number (FD1.32) Number of Incidents 6 1 - Station 1 - City 9
2 - Station 2 - City 37
5 - Station 5 - City 79
NCC 54 13
NCC 84 20
NCC 86 7
NCC 87 7
NCC 88 4
NCC 89 2
Ophir Hill 1
Other 1
Report Criteria
Is In Brush 5, Chief 5400, Engine 5, Utility 5
Is Equal To Last Month
1 of 1 Printed On: 01/14/2022 08:05:42 AM

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: January 26, 2022 Agenda Item No. 02
Subject: Consideration of Reaffirming Resolution No.
2021-44: A Resolution of the City Council of the City of Nevada City Making the Legally Required Findings to
Continue to Authorize the Conduct of Remote
“Telephonic” Meetings During the State of Emergency
From: Joan L. Phillipe
Date: January 11, 2022
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Reaffirm resolution
ISSUE STATEMENT AND DISCUSSION:

This is the resolution previously adopted by council authorizing the continued use of remote “telephonic” council meetings. As advised by the city’s attorney, this resolution must be reaffirmed at each council meeting until such time as the requirement is rescinded.

FINANCIAL AND/OR POLICY IMPLICATIONS:

None.

ENVIRONMENTAL CONSIDERATIONS:

None
ATTACHMENTS:

Resolution No. 2021-44

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: January 26, 2022 Agenda Item No. 03
Subject:

Approve the purchase of three Self Contained Breathing
Apparatus from the Proposition 64 Public Health & Safety Grant Program
From:

Mark Buttron, Fire Chief
Date: January 12, 2022
Reviewed & Approved:

Recommended Action:

That Council 1) approve the purchase of three (3) Self Contained Breathing Apparatus from the Scott Company and, 2) approve the Fire Chief to enter into an agreement, upon legal review, for the purchase.

ISSUE STATEMENT AND DISCUSSION:

The Self-Contained Breathing Apparatus (SCBA) is used by firefighters to protect their ability to breath when they enter smokey environments, such as structure fires. The SCBA is a critical piece of equipment used daily by firefighters for a variety of incidents. SCBAs should be replaced every 15 years. The City’s Fire Department currently has several SCBAs that are due for replacement.

The Fire Department was recently awarded Proposition 64 Public Health & Safety Grant Program funds and would like to use the funds to replace three expired SCBAs. Allocated funding in the Prop 64 grant is $31,250.00 for the purchase of the SCBAs. 3M Scott Fire & Safety, the manufacture of the SCBA’s, has provided a letter indicating only All Star Fire Equipment and Municipal Emergency Services (MES) are authorized for sales and service in California. A third bid for the SCBA’s was not obtained due to the agreement with SCOTT and the distributors in California. The new SCBAs will cost $30,236.63 from All Star Fire Equipment the lowest responsible bidder.

FINANCIAL AND/OR POLICY IMPLICATIONS:

Funding for the purchase has been awarded through the Proposition 64 Public Health & Safety Grant Program
ENVIRONMENTAL CONSIDERATIONS:

Not applicable.

LEGAL REVIEW:

City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.

ATTACHMENTS:

Sales Quote All Star Fire Equipment and Municipal Emergency Services. 3M Scott Authorized Distributor Letter.

Quote
Date 01/05/2022
Quote # QT1522450
Bill To

DIVISION CHIEF SAM GOODSPEED

NEVADA CITY FIRE DEPARTMENT
317 BROAD ST.

Nevada City CA 95959
United States
Ship To

DIVISION CHIEF SAM GOODSPEED

NEVADA CITY FIRE DEPARTMENT
317 BROAD ST.

Nevada City CA 95959
United States
Expires 01/31/2022
Sales Rep Kaylor, John W
PO # SCBA
Shipping Method FedEx Ground
4343 Viewridge Ave.

Suite A
San Diego, CA 92123
Item
X8915025305A04
200970-01
201215-28
Alt. Item # Units Description
Air-Pak X3 Pro SCBA (2018 Edition) with
Snap-Change Cylinder Connection, 5.5, Standard
Harness with Parachute Buckles, Standard Belt
with No Escape Rope, E-Z Flo Regulator with
Quick Connect Hose (Rectus fittings), Universal
EBSS Accessory Hose, No Airline Connection,
No Spare Harness Kit, SEMS II Pro, No Case,
Packaged 2 SCBA Per Box (Black)

PRICING BASED ON SOURCEWELL

CONTRACT
CYL&VALV,QD,CARB,45/5500 ASSY

PRICING BASED ON SOURCEWELL

CONTRACT
SCOTT NEW AV3000HT 4 POINT - KEVLAR -

RT BRKT - SIZE MED

PRICING BASED ON SOURCEWELL

CONTRACT
QTY
3 6
3 Unit Sales Pri...
7,150.00
1,299.00
320.00
Amount
21,450.00
7,794.00
960.00
Subtotal
Shipping Cost (FedEx Ground)
Tax Total
Total
30,204.00

0.00 2,529.59
$32,733.59 MES PAYS SHIPPING
QT1522450
This Quotation is subject to any applicable sales tax and shipping & handling charges that may apply. Tax and shipping charges are considered estimated and will be recalculated at the time of shipment to ensure they take into account the most current local tax information.

All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee.

Custom orders are not returnable. Effective tax rate will be applicable at the time of invoice.

Date:

To:

Attn:

Phone:

E-Mail:

Qty Unit Description Price Extension
3 Each Scott X3-PRO X8915025305303 SCBA (2018 Edition) with SanpChange Cylinder Connection, 5500psi.

E-Z Flo Regulator with Q-D Hose (Rectus fittings), Universal EBSS (Buddy Breathing), PASS programed for Pak-Tracker, No Airline connection or spare harness
$6,593.00 $19,779.00
6 Each Scott 200970-01 Carbon Cylinder with Snap-Change Valve. 5500 psi, 45 minute.
$1,214.00 $7,284.00
3 Each Scott 201215-21,22,23 AV3000HT Facepiece, four strap version, No Voice amp bracket
$279.00 $837.00
Terms: Net 30
FOB: Destination - (Free shipping)
Subtotal $27,900.00

8.375% $2,336.63
Quoted by - Mark Preisendorf S & H $0.00
[email protected] Total $30,236.63
Nevada City Fire Department
Sales Quote
November 4, 2021
2552 Barrington Ct. * Hayward, California 94545 * Phone 510-887-6295 * Fax 510-887-6298 Sam Goodspeed
Per your request, we are pleased to quote on the following. [email protected]

Page 1 of 1 ends

January 17, 2022
Personal Safety Division
3M Scott Fire & Safety
4320 Goldmine Road
Monroe, NC 28110, USA
Phone 800 AIR-PAKS
800 247 7257
Web www.3MScott.com
Corporate Office
3M Center, Building 220-4N-03
St. Paul, MN 55144-1000, USA
Web www.3M.com/WorkerSafety
Attn: To: Whom it May Concern
Subject: / 3M Scott Authorized Distributors
This letter confirms that 3M Scott Fire and Safety has two distributors (Allstar Fire Equipment and Municipal Emergency Services) authorized for sales and service of 3M Scott Fire & Safety products in the State of California. 3M Scott Fire & Safety only sells our products through official authorized distributors to ensure that our customers are provided with the best products and services on a continuing basis.

Regards,
Greg Gatlin
Channel Manager / USAC Fire

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: January 26, 2022 Agenda Item No. 04
Subject: Public Hearing to Consider Adoption of Final Fiscal Year 2021-2022 Budget and Resolutions No. 2022-6, 2022-7 and 2022-8
From: Joan L. Phillipe
Date: January 20, 2022
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Hear staff comments, open public hearing for comment, close hearing and consider approval of:

Resolution No. 2022-06: A Resolution of the City Council of the City of Nevada City Adopting the City of Nevada City Fiscal Year 2021-2022 Budget
Resolution No. 2022-07: A Resolution of the City Council of the City of Nevada City Approving Fiscal Management and Investment Policies
Resolution No. 2022-08: A Resolution of the City Council of the City of Nevada City Certifying Compliance with the 2020-2021 Appropriations Limitation and Establishing the Appropriations Limitation for the 2021-2022 Fiscal Year
ISSUE STATEMENT AND DISCUSSION:

The process to get to this point of being able to adopt a final budget for fiscal year 2021-2022 has been extremely challenging and frustrating for staff as well as the council. At the time of the prior manager’s resignation, the city normally would have been scheduling a mid-year review of the budget setting the stage for beginning preparation of this current fiscal year document. With the resignation of the administrative services individual, the two key finance personnel were no longer with the city. Combine that with the impacts of the pandemic, other positions that became vacant (including in finance) the city was in an extremely challenging time.

On June 23, 2021, recognizing that due to the constraints facing staff it was not going to be possible to have a completed budget document for consideration before July 1, the council adopted Resolution No. 2021-27 authorizing expenditures for continued operation of the city until such time as a 2021-2022 fiscal year budget could be brought forward for consideration. To assist the city, a contract was entered into with the County of Nevada who provided a team of county employees to work with the city to prepare the budget.

On December 1, 2021 in a special meeting, council considered the proposed budget along with recommended financial management policies and a series of other recommendations that, if pursued, will likely increase and help stabilize revenues in future years. The staff report from that meeting is attached and will not be reiterated in this report other than to say that there was unanimous consensus that the recommendations set forth therein needed to be followed including:
• scheduling a strategic planning meeting as soon as possible with the new city manager; • implementing the financial management policies; and
• begin review of the city’s revenue streams including fees charged for services, water and sewer rates and the other areas identified in the report.

Opportunity was provided at the December 1 meeting for public input on the budget and recommendations.

After council discussion there was consensus for staff to finalize the document including a few added items including contribution to the Nevada County Arts Council ($5,000), Wild and Scenic Film Festival ($2,000) and to the slivers clean-up program ($5,700). An adjustment was also made to include funds for replacement of at least two of the four fire station doors and repair or replacement of the fire station roof.

You have been made aware of necessary salary adjustments for several employees. Those adjustments are not included as the final determinations have not been completed but a year-end adjustment will be made.

The budget has been prepared in compliance with the State of California Government Code. The effort to create a more user friendly document has been well received with the stage being set for that effort to continue for an even better document in the future.

Staff had anticipated including for action two other resolutions but they will be brought forth at subsequent meetings for approval. The position allocation resolution along with the master salary range schedule will be included on one of the February council agendas. Council was presented with the proposed 2021-2026 Capital Improvement Program (CIP) at the December 1 meeting; however, before it can be formally approved by the council, it is required to have planning commission review and findings. Once that has been completed, it will be brought back to council for approval.

FINANCIAL AND/OR POLICY IMPLICATIONS:

Adoption of the budget and financial management policies formalizes fiscal policy going forward to assist the city in gaining better fiscal accountability and forecasting ENVIRONMENTAL CONSIDERATIONS:

N/A
ATTACHMENTS:

Final Budget
December 1, 2021 Budget Memo
Resolution No. 2021-06 (Adopting Budget)
Resolution No. 2021-07 (Approving Fiscal Management Policies) Resolution No. 2021-08 (Setting Appropriations Limit)

CITY OF NEVADA CITY
RESOLUTION NO. 2022-06

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY ADOPTING THE CITY OF NEVADA CIIY FISCAL YEAR 2021-2022 BUDGET WHEREAS, the city annually adopts its annual budget for the period July 1 through June 30 of each year; and
WHEREAS, this fiscal year due to staffing changes and shortages, the annual budget was not adopted by June 30, 2021; and
WHEREAS, on June 23, 2021 Council adopted Resolution No. 2021-27 authorizing expenditures for continued operation of the city until such time as the 2021-2022 fiscal year budget could be adopted; and
WHEREAS, the City Council held a special meeting on December 1, 2021 on the proposed budget and fiscal policies and provided opportunity for public input; and WHEREAS, direction was provided to incorporated several amendments to the draft budget that have been included in the attached document; and
WHEREAS, the City Council further reviewed the proposed budget at a duly Noticed Public Hearing on January 26, 2022 and received public input;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nevada City that the document titled “City of Nevada City 2021-2022 Fiscal Year Budget” is hereby adopted.

PASSED AND ADOPTED this 26th day of January 2022 by the following vote:

AYES:

NOES:

ABSENT;
ABSTAIN:
________________________________
Duane Strawser
Mayor
ATTEST:
_______________________________
Niel Locke
City Clerk

CITY OF NEVADA CITY
RESOLUTION NO. 2022-07

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY APPROVING

FISCAL MANAGEMENT AND INVESTMENT POLICIES
WHEREAS, the city has had financial management policies in prior years; and WHEREAS, those policies need periodic review and updating to assure they are providing the most prudent fiscal management of the city’s resources; and
WHEREAS, the City Council did review and consider at its December 1, 2021 meeting its Investment Policy as well as proposed Financial Management Policies; and WHEREAS, it is the intent that an annual review of all fiscal policies be done in conjunction with the annual budget process; and
WHEREAS, the referenced policies are attached hereto and made a part hereof; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nevada City that the Financial Management Policies and Investment Policy are hereby adopted for annual review as part of the budget process.

PASSED AND ADOPTED this 26th day of January 2022 by the following vote:

AYES:

NOES:

ABSENT;
ABSTAIN:
________________________________
Duane Strawser
Mayor
ATTEST:
_______________________________
Niel Locke
City Clerk

CITY OF NEVADA CITY
RESOLUTION NO. 2022-08

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY CERTIFYING COMPLIANCE WITH THE 2020-2021 APPROPRIATIONS LIMITATION AND ESTABLISHING THE APPROPRIATIONS LIMITATION FOR THE 2021-2022 FISCAL YEAR WHEREAS, the City Council of the City of Nevada City hereby certifies that the estimated actual appropriations for the fiscal year 2020-2021 will fall within the appropriation limit for the 2020-2021 fiscal year; and
WHEREAS, the City Council must establish the appropriation limitation for the fiscal year 2021- 2022, as calculated in attachment A;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nevada City that the 2021-2022 fiscal year expenditures fall within the established limitations and the limitations for the 2021-2022 fiscal year are hereby established at $ 5,447,734.51 PASSED AND ADOPTED this 26th day of January 2022 by the following vote:

AYES:

NOES:

ABSENT;
ABSTAIN:
________________________________
Duane Strawser
Mayor
ATTEST:
_______________________________
Niel Locke
City Clerk
Attachment A

CITY OF NEVADA CITY

CALCULATION OF APPROPRIATIONS LIMIT
FISCAL YEAR 2021-2022
Calculation of 2020-2021 Appropriations Limit
A. 2020-2021 Appropriations Limit $ 5,185,684.85
B. Adjustment Factors:

1. Per Capita Cost of Living Change (5.73%) 1.0573

2. Nevada City Population (-.64% 0.9936

1.05053328
Total Adjustment % 0.05053328
C. Annual Adjustment $ 262,049.66
D. 2021-2022 Appropriations Limit $ 5,447,734.51

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: January 26, 2022 Agenda Item No. 05
Subject: Consideration of Approval of Employment
Agreement with Sean Grayson to Serve as Nevada City City Manager
From: Joan L. Phillipe
Date: January 20, 2022
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Approve agreement
ISSUE STATEMENT AND DISCUSSION:

With the resignation of the city’s former city manager, the City Council brought in an interim city manager to provide continuity of service while recruitment for a new manager proceeded.

The city hired the recruitment firm of Ralph Andersen & Associates to conduct the search resulting in a process that was robust and thorough. The council, after reviewing the approximate 30 applications received, did an initial interview of five highly qualified individuals referring four to a community panel for interview as well as the city’s management team. Input was received from each group for consideration in a second interview by the council. Ultimately individual interviews were held with the final candidate by each councilmember.

That individual is Sean Grayson who comes to the city with over 25 years professional service in public safety and management. He grew up in Nevada City, is a valedictorian graduate of Nevada Union High School and has continued to be connected to the city.

The attached employment agreement was negotiated to be fair and reasonable and has been accepted by both parties.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The agreement provides for a base salary of $155,000 plus benefits including vacation and sick leave, health and life insurance, deferred compensation, vehicle and cell phone allowance and inclusion in the PERS retirement system.

ENVIRONMENTAL CONSIDERATIONS:

N/A
ATTACHMENTS:

Employment Agreement

CITY OF NEVADA CITY

EMPLOYMENT AGREEMENT FOR CITY MANAGER POSITION

SEAN GRAYSON
This Employment Agreement (“Agreement”) for the position of City Manager is entered into by and between the City of Nevada City (“City”), a general law city, and Sean Grayson (“Grayson”), an individual, and is effective upon final approval by the Nevada City City Council.

Recitals
WHEREAS, the City requires the services of a City Manager; WHEREAS, Grayson has the necessary education, experience, skills and expertise to serve as the City's City Manager;
WHEREAS, the City Council of the City (the "City Council") desires to employ Grayson to serve as the City Manager of City and to provide certain benefits, establish certain conditions of employment, and to set the working conditions of City Manager; WHEREAS, the Parties desire to execute this Agreement pursuant to the authority of and subject to the provisions of Government Code Section 53260 et seq.; and WHEREAS, the Parties wish to establish the terms and conditions of Grayson’s employment as City Manager to the City through this Agreement; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties mutually agree as follows:

Agreement

1. Appointment and Scope of Services.

Employment as the City Manager shall be “at will,” subject to the terms of this Agreement, commencing on February 28, 2022 and for three (3) years, or until termination or resignation as provided in Paragraph 5. Grayson shall perform said duties at the pleasure of the City Council as provided in Government Code section 36506. Grayson will report to and receive policy direction from the City Council during the term of this employment.

2. Hours of Work.

Grayson shall devote necessary time, within and outside normal business hours, to the business of the City. Due to the nature of the position, it is understood that the workday and work week hours may vary. The City Manager is an exempt position; Grayson shall not be eligible for overtime.

3. Compensation.

A. City agrees to compensate Grayson for services rendered a base salary of $155,000 payable biweekly. Grayson’s compensation shall be reviewed annually in connection with the annual review (Section 6 below) or at other times as may be determined by City Council.

B. Employee has the potential of a salary and benefit adjustment each year as part of an annual performance evaluation. Salary adjustments made under this clause are considered separate from any cost-of-living adjustment that may be made as set forth below.

C. Any salary adjustment for the term of this agreement is contingent on:

1. A positive performance evaluation from a majority of the City Council members.

2. The Local Economic Benchmark, which is defined as secured property tax revenue, Bradley-Burns sales tax and transient occupancy tax, exceeds audited revenues from fiscal year 2021-2022.

3. City agrees to adjust Grayson’s annual salary by the same cost-of-living adjustments on the same percentage and at the same time as may be adjusted for employees in the City’s Management and Supervisory MOU.

4. City shall not at any time during the term of this agreement reduce the base salary, compensation or other financial benefits of Grayson, unless as part of a general City management salary reduction, and then in no greater percentage than the average reduction of those employees covered under the Management and Supervisory MOU or unless otherwise negotiated.

4. Other Benefits.

A. Health Insurance. As an alternative to enrolling in the City’s health insurance program, Grayson opts to receive an in-lieu payment of up to Two Thousand Two Hundred Dollars ($2,200) per month of the City’s contribution. Grayson must provide the City with written notice/waiver of paid insurance premiums for which he is eligible.

Then, Grayson shall receive up to $2,200 per month, which may be taken as taxable compensation or be placed into a deferred compensation plan. The in-lieu payment is for health insurance coverage only with dental and vision coverage remaining as noted in the applicable MOU.

B. Life Insurance, Short Term and Long Term Disability. The City shall provide term life insurance ($25,000) and short-term disability and long term disability benefit options ($300 per month) as provided to all Management and Supervisory employees per the applicable MOU.

C. Deferred Compensation. The City shall provide Grayson $100 per pay period, not to exceed 26 pay periods annually, into the City 457b deferred compensation plan.

D. Vacation Leave. Grayson shall receive fifteen (15) vacation days per year with a starting balance of 10 days. Grayson shall be allowed to earn vacation credit to a maximum of 240 hours. Grayson will not be allowed to earn more than the maximum accrual. Should Grayson’s vacation leave credits reach the maximum, Employee shall cease to earn any additional vacation credits until the leave balance is reduced sufficiently to allow additional credits to be added without exceeding the maximum accrual unless authorized due to extenuating circumstances by the City Council.

E. Holidays. Grayson shall receive fourteen (14) holidays per year as provided to all Management and Supervisory employees per the applicable MOU.

F. Administrative Leave. Grayson shall receive eighty (80) administrative hours per year as provided to all Management and Supervisory employees per the applicable MOU.

Grayson will be credited 27 hours upon appointment prorated for the remainder of the fiscal year. This leave may not be accrued, accumulated or carried over from year to year.

G. Sick Leave. Grayson shall accrue one (1) day per month of sick leave as provided to all Management and Supervisory employees per the applicable MOU.

H. Retirement. Grayson is a “Classic” Tier 2 Miscellaneous member of the California Public Employees Retirement System. Employee will be covered under the City’s 2 % at 60 formula. Grayson’s contribution towards the retirement system will be the full employee share consistent with all Management and Supervisory employees. The City will pay the employer’s share to PERS and Social Security and Grayson shall pay the employee contribution of Social Security.

I. Automobile and Cell.

1. The City shall provide Grayson an automobile allowance of $200 per pay period.

This allowance is in lieu of mileage reimbursement or other expenses that may be incurred in connection with the use of Grayson’s own vehicle for City business.

Or, in the alternative, City will provide the use of a City-owned vehicle to Grayson for the term of this agreement with costs including insurance, maintenance and fuel covered by City. Any use of a City vehicle shall be for purposes of City business only and not for personal or recreational use.

2. The City will provide a cell phone allowance of $40 per pay period.

5. Termination.

This Agreement may be terminated at any time upon the mutual written consent of both City and Grayson.

A. Voluntary Resignation. Grayson may terminate this Agreement any time by providing the City not less than thirty (30) calendar days prior written notice.

B. By City without Cause. The City may terminate Grayson without cause by providing Grayson not less than thirty (30) calendar days prior written notice. The City shall pay Grayson a severance in the sum equal to six (6) months base salary plus six (6) months COBRA health insurance coverage payments for Grayson and covered dependents.

Grayson shall not be removed by the City Council during the 120 days prior to a City Council election or in the first 120 days following any change in membership of the City Council, except upon a four-fifths (4/5) vote of the City Council.

C. By City with Cause. The City may terminate Grayson for cause, without obligation to make the severance payment to Grayson specified in section (B) above, subject to the following:
a. The City shall provide Grayson with written notice of the charges constituting cause for termination at least ten (10) working days prior to the effective date of the termination.
b. Within the ten (10) day period, but not earlier than five (5) working days after the notice has been given, City Council will provide Grayson an opportunity to respond to the charges in closed session. After hearing and considering Grayson’s response to the charges, the City Council shall issue its final decision in writing.
c. For purposes of this section, “for cause” means Grayson’s material breach of this Agreement; conviction of a felony; conviction of a misdemeanor arising out of Grayson’s duties under this Agreement and involving a willful or intentional violation of law; willful abandonment of duties; any other intentional or grossly negligent action or inaction by Grayson that materially and substantially impedes or disrupts the performance of the City or its organizational units, or is detrimental to employees or public safety; or a demonstrated overall unsatisfactory performance over two consecutive evaluation periods pursuant to Section 6 below.

6. Performance Evaluation.

The City Council shall review and evaluate the City Manager’s performance annually.

Nothing in this provision shall be construed to require the City to grant merit increases based on the performance evaluation nor to limit the discretion to grant merit increases. If the City Manager receives an overall unsatisfactory performance rating in a performance evaluation, the City Council shall evaluate the City Manager’s performance again in six (6) months.

7. City Commitments
a. The City shall provide the City Manager with office space, staff, equipment, supplies, automobile allowance, and all other facilities and services adequate for the performance of the City Manager's duties.
b. The City shall pay for or provide the City Manager reimbursement for all actual business expenses other than mileage as set forth above. The City shall provide the City Manager a credit card to charge appropriate and lawful business expenses. c. The City agrees to pay the professional dues and subscriptions on behalf of the City Manager for participation in national, regional, state or local associations and organizations, as necessary and desirable for the good of the City, and for the City Manager's continued professional participation and advancement. d. The City agrees to pay the travel and subsistence expenses of the City Manager for purposes such as official functions, meetings, occasions, short courses, institutes and seminars that are necessary for the good of the City or for the professional development of the City Manager.

8. Non-Assignment of Agreement.

This Agreement is intended to secure the individual services of Grayson and is not assignable or transferrable by Grayson to any third party.

9. Governing Law/Venue.

This Agreement shall be interpreted according to the laws of the State of California. Venue for any action or proceeding regarding this contract shall be in Nevada County.

10. Enforceability.

If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby.

11. Conflict of Interest.

Grayson shall not engage in any business or transaction or have a financial or other personal interest or association, direct or indirect, which is in conflict with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties. Grayson shall also be subject to the conflict of interest provisions of the California Government Code and any conflict of interest code applicable to the City Manager's City employment. Grayson is responsible for submitting to the City Clerk the appropriate Conflict of Interest Statements.

12. Entire Agreement and Modification.

This Agreement constitutes the entire understanding of the parties hereto pertaining to the City Manager employment contract and can only be amended by a writing fully executed by both parties.

13. Indemnification.

To the full extent of the law, the City shall defend and indemnify the City Manager against and for all losses sustained by the City Manager in direct consequences of the discharge of the City Manager's duties on the City's behalf for the period of the City Manager's employment, save and except those losses sustained as a result of the willful act or omission of the City Manager.

14. Notices.

Notices pursuant to this Agreement must be in writing given by deposit in the custody of the United States Postal Service, first class postage prepaid, addressed as follows:
a. City:

Attn: City Council
City of Nevada City
317 Broad Street
Nevada City, CA 95959
Copy to: Dean J. Pucci, City Attorney
6349 Auburn Boulevard
Citrus Heights, CA 95621
b. City Manager:

Sean Grayson
(Confidential address on file with Human Resources)
Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial process. Notice will be deemed given as of the date of personal service or as of the date of deposit of such written notice, postage prepaid, with the United States Postal Service.

15. Counterparts.

This Agreement may be executed in counterparts containing original signatures.

IN WITNESS WHEREOF, the City has caused this Agreement to be signed and executed on its behalf by the Mayor, and Grayson has signed and executed this Agreement, on the day and year written below.

DATED: January 27, 2022

EMPLOYEE
______________________________
Sean Grayson, City Manager

CITY OF NEVADA CITY
______________________________
Duane Strawser, Mayor
APPROVED AS TO FORM:
__________________________________
Dean J. Pucci, City Attorney
ATTEST:
___________________________________
Neil Locke, City Clerk

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: January 26, 2022 Agenda Item No. 06
Subject: Consideration of Supplemental Sick Leave to
Compensate Employees for Mandatory Leave/Quarantine Due to Documented COVID Illness or Exposure
From: Joan L. Phillipe
Date: January 20, 2022
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Consider the option of providing additional supplemental sick leave and direct staff
ISSUE STATEMENT AND DISCUSSION:

In March 2021, California Labor Code Section 248.2 was passed into law providing eligible workers up to 80 hours paid sick leave if an employee could not work or telework due to COVID-related reasons. That provision expired October 1, 2021. With that expiration, cities were no longer obligated to provide paid leave for COVID illness or exposure. This is regardless of the fact that cities are required either under state, county or OSHA mandate to enforce requirements that include quarantine. Staff administratively extended the leave provision when several employees were faced with quarantine at about that same time. Shortly thereafter, mandates were easing and it appeared that the pandemic was on the downturn. Then the Omicron variant hit.

This city has had a fairly significant impact on employees who have either contracted the illness or been exposed to it. We have enforced the guidelines that have been emphasized by the city’s legal counsel as well as our risk pools meaning that employees have had to follow the attached protocols. They have done so without argument.

There continues to be no indication that there will be legislation to provide for additional supplemental leave requirements. While an administrative extension might again be appropriate, staff’s feeling was that the Council should weigh in on continuing to provide supplemental leave to those city employees who have verified COVID illness or have been exposed. Under current circumstances, employees are required to accrued sick, vacation or comp time leave and if not enough hours are available, unpaid leave.

There are two options:
• continue to have employees use accrued leave time (or unpaid leave if insufficient accrued hours); or
• provide supplemental sick leave time not to exceed 80 hours to those employees who test positive for the virus or have been exposed and are required to quarantine per the attached.

The other consideration is whether or not to extend the benefit to those exposed outside of the work environment.

FINANCIAL AND/OR POLICY IMPLICATIONS:

Supplemental leave would be paid for by the city with the cost dependent on how many employees use the leave, hourly rate of the employee and number of days.

ENVIRONMENTAL CONSIDERATIONS:

N/A
ATTACHMENTS:

COVID Guidance on Quarantine Requirements

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: January 26, 2022 Agenda Item No. 07
Subject: Consideration of Resolution No: 2022-10: A
Resolution of the City Council of the City of Nevada City Declaring the Present Nevada County Courthouse Location as the Preferred site for a New Courthouse in Nevada City for the Preservation of An Historic Building and for the City’s Economic Stability
From: Joan L. Phillipe
Date: January 21, 2022
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Adopt resolution
ISSUE STATEMENT AND DISCUSSION:

The city has long advocated for the State Judicial Council to maintain the Nevada County Courthouse in its current location. Discussion began many years ago about the need for an updated local courthouse when the state legislature enacted in 2008 SB 1407 that provided up to $5 billion to fund critically needed new and renovated court facilities in the state. The Nevada County Courthouse project was ranked as an “immediate need” making it a high priority for funding. The 2010 city council adopted Resolution No. 2010-43 in July of that year advocating for the courthouse to remain in its current location.

The project recently was put back on track with a committee formed by local court administrator Jason Galkin and the State Judicial Council. Mayor Strawser represents the city on this focus group that has representation from throughout the state. To assist the mayor in presenting the city’s position on this matter, staff is putting together a packet of information previously compiled that includes a feasibility study funded by the city in 2015 as well as other supporting documents. Because the original resolution of support was approved nearly 12 years ago, council is being asked to adopt the attached resolution.

Not only is there is historical significance to this building but just as great of a consideration is the adverse economic impact there would likely be to its relocation.

Mayor Strawser will provide a status report at the meeting over and above information provided here.

FINANCIAL AND/OR POLICY IMPLICATIONS:

No policy. The financial impact would be the loss of revenue to the businesses and offices in the city’s historic district. That amount is not possible to ascertain with this report but it is anticipated that it would be significant.

ENVIRONMENTAL CONSIDERATIONS:

N/A with this report. An environmental impact report (EIR) was prepared at the time the project was moving forward. Staff is trying to obtain a copy of that document now. In all likelihood, it will have to be updated due to the amount of time that has passed since its preparation. That would not be a city obligation.

The original EIR was prepared by the California State Judicial Council.

ATTACHMENTS:

Resolution No. 2022-10
1 CITY OF NEVADA CITY
RESOLUTION NO. 2022-09

A RESOLUTION OF THE CITY COUNCIL OF THE CTIY OF NEVADA DECLARING

THE PRESENT NEVADA COUNTY COURTHOUSE AREA AS THE PREFERRED SITE

FOR A NEW COURTHOUSE IN NEVADA CITY FOR THE PRESERVATON OF AN HISTORIC BUILDING AND FOR THE CITY’S ECONOMIC STABILITY WHEREAS, the California Legislature has provided funding for new and/or renovated court facilities; and the Nevada City Courthouse has been ranked as among the highest priority capitaloutlay projects by the Judicial Council of California; and WHEREAS, the proposed new courthouse concept and evaluation has been ongoing for over a decade; and during that time the City of Nevada City conducted a study that illustrates that the current location would be able to serve the needs of a brand new courthouse while retaining the character of the 1937 facility; and
WHEREAS, the study provided preliminary environmental review, preliminary plans and architectural review resulting in cost savings with the addition of 48-50 new parking spaces at the current parking lot location that would result in significant cost savings to the Judicial Council of California; and
WHEREAS, the Nevada City Council adopted Resolution 2010-42 on July 28, 2010 declaring its support for the courthouse remaining in its current location; and WHEREAS, the City of Nevada City Courthouse site, bounded by Church and Washington Streets, and Main and North Pine Streets appears to be the most feasible and most cost-effective as the area does not require site acquisition by the County of Nevada or the State of California as joint property owners; and
WHEREAS, all public utilities, fees and permits are available at the site at no cost to the project; and
WHEREAS, it is essential to the economic, historic, social and cultural balance, health and well being of the City of Nevada City that the courthouse facility be maintained at its present site, where it has existed for more than 160 years; and
WHEREAS, the Nevada County Courthouse is listed on the National Registry of Historic Places (#85002520); and
2 WHEREAS, the building carries further historic significance in that it was designed by the State of California’s first State Architect who left a legacy of important works including many historic and prominent buildings; and
WHEREAS, Nevada City supports the preservation of such irreplaceable resources like the courthouse that enhances and celebrates the city’s history; and WHEREAS, the City Council of the City of Nevada City expresses its willingness and support to work with the Judicial Council of California in the program to construct a new courthouse in Nevada City as consistent with the goals, objectives and priorities put forward by the Judicial Council of California, the Nevada County Courts, County of Nevada and the City of Nevada City; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nevada City that this City Council hereby declares and reaffirms that the present location occupied by the Nevada County Courthouse as the preferred site for a new courthouse in the City of Nevada City BE IT FURTHER RESOLVED that this City Council hereby authorizes and directs its mayor, city manager and staff as well as the city attorney to work with and carry out all necessary steps and to continue exploring with the Judicial Council of California all future options including siting, zoning and support to keep the courthouse in downtown Nevada City.

PASSED AND ADOPTED at the regular meeting of the City Council of the City of Nevada City on January 26, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Duane Strawser
Mayor
ATTEST:
______________________________
Deputy City Clerk

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: January 26, 2022 Agenda Item No. 08
Subject: Discussion and Determination on Continuing
Outdoor Dining and Use of Tents
From: Joan L. Phillipe
Date: January 21, 2022
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: This will be an oral report with staff seeking direction on whether or not the Council wishes to extend outdoor dining beyond the end of January 2022 ISSUE STATEMENT AND DISCUSSION:

Council at its October 13, 2021 meeting authorized outdoor dining and use of tents to continue through the end of January 2022. Authorization included requirements including having an approved city-issued permit. The staff report from that October meeting is attached.

Staff is evaluating the extended timeframe and the Chamber of Commerce has been asked for input.

Those comments will be included in an oral report at the council meeting.

FINANCIAL AND/OR POLICY IMPLICATIONS:

To be determined and if applicable, reported at the council meeting.

ENVIRONMENTAL CONSIDERATIONS:

N/A
ATTACHMENTS:

October 13, 2021 Staff Report

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: October 13, 2021 Agenda Item No. 10
Subject: Consideration of Conditions of Approval for Use of Tents/Protective Coverings for Outdoor Dining
From: Joan L. Phillipe, Interim City Manager
Date: September 27, 2021
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Discuss and approve tents for outdoor dining for establishments with approved outdoor dining permits subject to specific conditions.

ISSUE STATEMENT AND DISCUSSION:

On June 23, 2021, Council adopted an urgency ordinance providing for outdoor dining to continue through January 2023 and at the same time requested staff to return with recommendations for use of tents during winter months. Staff met (planning, engineering, public works, fire and police) to review options and makes the following recommendations:
• tents be allowed for those businesses that have received outdoor dining permits; • three sides can be closed, one side must remain open or in the alternative, no more than 50 percent of tent can have non-adjacent walls/panels in closed position; • the size cannot exceed the two parking spaces permitted under the outdoor dining permit; • all tents/covers must be maintained in good repair with no rips or other unsightly damage; • must be anchored to the satisfaction of public works and shall not encroach on to sidewalks; • to maintain design consistency, it is also suggested that colors be limited to white or beige; and
• fuel fired heating and/or flame producing devices are prohibited in all outdoor dining areas; and
• must meet all Nevada County Health Department mandates as well as conditions of approval as set forth by the attached Outdoor Dining Tent Safety and Temporary Outdoor Dining Tent Check List
In addition to the above, it is also recommended that the following condition be added to outdoor dining permits:
• for those businesses with approved outdoor dining permits opting not to use tents or other protective covering, the State Fire Marshall Conditions for heating that space shall be adhered to; and
• businesses in possession of an outdoor dining permit shall be required to bus their tables and keep the area, including storm drains adjacent to their approved space, free and clear of debris and trash and if necessary, to provide additional trash receptacles at their space.

Businesses will be required to request an amendment to their existing outdoor dining permits and to acknowledge the requirements of having a tent. The requested amendment shall include the information requested in the attached checklist and safety requirements.

If these recommendations are implemented, it if further recommended that there be a review two months from approval to determine if there have been complaints or violations that warrant reconsideration of conditions allowing for tents/temporary coverings.

FINANCIAL AND/OR POLICY IMPLICATIONS:

Further expands policy for allowing outdoor dining. Financial impacts to the city minimal requiring staff time to review/approve amendments to outdoor dining permits and assurance that conditions are met.

ENVIRONMENTAL CONSIDERATIONS:

None
ATTACHMENTS:

Outdoor Dining Tent Safety Sheet
Tent Check List for Submittal of Permit Request
.

CITY OF NEVADA CITY

OUTDOOR DINING TENT SAFETY
In response to COVID-19, the city has provided measures to allow for outdoor dining. If you are using a tent or membrane structure for an approved outdoor dining space, the City of Nevada City wants to insure that they are installed and maintained in a safe manner. Please review the following to make sure you and your customers are safe and protected.

Businesses are reminded they must maintain compliance with State and County Health Officer’s current public health orders and guidance

INSTALLATION/LOCATION OF TENTS
 Tents shall not be installed without an
approved permit and inspection by the city’s
public works and fire departments.
 Tents shall be located so they do not obstruct
ingress ore egress to/from any building or
encroach on to adjacent sidewalks
 Portable fire extinguisher(s) shall be
provided
 No smoking signs shall be installed and
visible
 Open flames are not permitted (no fire pits,
candles
 Fire lanes and fire access shall not be blocked
 Tent exits shall be maintained
 Tents shall be anchored properly per
manufacturer’s instructions and approved by
public works
 Combustible materials and/or decorations
shall not be located within any tent

FLAME RESISTANCE STANDARD
All tents shall have an attached California State
Fire Marshall (SFM)) Certification for fire
resistance (SMF Seal and/or CPAI-84).

HEATERS
Portable propane and electric heaters are allowed
in tents provided the tents meet the requirements
as outlined on this flier and the following:

Direct-fired forced air LP-gas heaters located
outside the tent are preferred with a maximum
size of 20 pounds/five gallon capacity
Electric heaters are to follow manufacturer’s
specifications and cords are not to present a trip
hazard
Propane heaters are to maintain a 3-foot clearance
(sides and top) to all materials
No more than 50% of tent to have non-adjacent
walls/panels in closed position
Heaters are to be placed/moved only by staff
members that are familiar with these
requirements

LP-GAS STORAGE
Portable LP-gas containers shall not be stored
within the tent or building. Storage of containers
shall be 5 feet from buildings and 10 feet from
exits.
.

CITY OF NEVADA CITY

TEMPORARY OUTDOOR DINING

TENT CHECK LIST
(For Fire Preparedness)
The City of Nevada City is eager to see your business be successful in these trying times. To have assurances for both you and your business and the city, it is required that you have obtained an outdoor dining permit and applied for authorization to erect a tent or covering of that area during inclement weather. To aide you in preparation of submitting your request, please use the list below to know what you will need to provide on your request.

FIRE PLAN ITEMS YES NO
1 Site plan showing perimeter barrier boundaries with tent. Include distances between barriers and buildings. Barrier opening widths (minimum 3 feet), nearest fire hydrant, vehicular access and building exit locations.
2 Provide all tent information.
3 Does the tent have sides? If yes, how many ______?
4 Tent flame spread-coy of certification provided.
5 Tent labeling permanently affixed label bearing size, fabric and material type on tent 6 Minimum two tent exits. Indicate locations with minimum 3 foot widths 7 Manufacturer’s anchorage and structure stability information. 8 Number and location of exit signs-clearly visible to customers 9 Provide “No Smoking” signs
10 Number of seating under tent_____. Include seating layout. 11 Portable fire extinguishers locations. Fire extinguishers must not be obstructed or obscured from view. Fire extinguishers must be fully charged and operational. 12 Cooking under or adjacent to tents is prohibited.
13 Heating appliances—electrical or gas. If yes, indicate type: ________________. 14 Electrical-source from building site, or generator (each generator requires a portable fire extinguisher). If yes, indicate type _________________________. 15 Storage of flammable or combustible liquid must be greater than 50 fee from tent.

DEFINITIONS
 Covered Outdoor Dining Space: Any outdoor dining space having an approved temporary space cover, as defined, covering the space
 Open (non-covered) Outdoor Dining Space: Any outdoor dining space not having an approved temporary space cover
 Temporary Space Cover: Any device used to cover an outdoor dining space, including but not limited to, canopies, EZ-Ups, side curtains, umbrellas and tarps.
 Heating Device: Any fuel fired device used for warming, including but not limited to, tabletop and/or freestanding LPG heaters and LPG tabletop pen flame pits.  Flame Producing Device: Any device that produces an open flame, including but not limited to, candles and fuel fired lanterns.
 Solid Fuel Fire Pit: Any wood burning, open Flame device, including but not limited to, metal/masonry fire rings, outdoor fireplaces and chimneys.
 LPG: Liquefied Petroleum Gas
 Temporary Framed Space Cover: Any device used to cover an outdoor dining space that is constructed of lumber and/or other flammable/combustible material.

Nevada City City CouncilJanuary 26, 2022

Nevada City City Council
January 26, 2022