Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY March 23 , 2022 5:30 P.M.
CLOSED SESSION—Pursuant to cited authority, the City Council will hold a closed session to discuss the following listed items. A report of any action taken will be presented during the regular meeting.
CLOSED SESSION PUBLIC COMMENT: Members of the public are entitled to comment on the closed session agenda before the Council proceeds into closed session.
A. Conference with Labor Negotiator (§54957.6)
Labor Negotiator:
• Sean Grayson, City Manager
Employee Organizations:
• Nevada City Police Officer’s Association
• Nevada City Police Supervisor’s Association
• Nevada City Miscellaneous Employees
• Nevada City Management and Supervisory Employees
• Unrepresented Employees
WEDNESDAY March 23, 2022 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 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. Telephone: Dial 1-669-900-9128
3. 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
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—February 2022
Recommended Action: Receive and file
2. Nevada City Farmer’s Market Street Closure Request 2022 Recommended Action: Review and authorize Nevada City Farmer’s Market street closure request per application
3. Receipt of Nevada County Transportation Commission’s (NCTC) Draft FY 2022/23 Overall Work Program (OWP) and Request for Approval of Resolution 2022-21: A Resolution of the City Council of the City of Nevada City Approving the Projects Proposed for Inclusion in the Nevada County Transportation Commission’s FY 2022/23 Overall Work Program
Recommended Action: Review projects proposed for inclusion in the Nevada County Transportation Commission (NCTC Fiscal Year (FY) 2022/23) Overall Work Program (OWP) and pass Resolution 2022-21 approving the projects proposed for inclusion in the NCTC FY 2022/23 OWP
4. Consideration of Adoption 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
5. Second Reading and Adoption of Ordinance No. 2022-02: An Ordinance of the City Council of the City of Nevada City, State of California, Amending Chapters 8, 10 and 38 of Title 8 of the City of Nevada City Municipal Code Relating to Fire Control, Vegetation Management, Debris Removal and Abatement, Open Burning and Fireworks
Recommended Action: Hold second reading and adopt ordinance
6. Incorporate a List of Projects Funded by SB 1: The Road Repair and Accountability Act
Recommended Action: Approve Resolution No. 2022-03 approving the list of projects proposed to be funded with Local Partnership Program (LPP) formulaic funds for fiscal year 2020-21 and 2021-22; appoint the City Manager, or designee execute all applications, negotiations and agreements which may be necessary; and authorize the City Engineer, or designee, to execute and submit all reports, payment requests, and changes to the project description.
7. Award of Contract with Robinson Enterprises for Removal of Hazardous Trees at Sugarloaf Mountain
Recommended Action: Award Contract with Robinson Enterprises for Removal of Hazardous Trees at Sugarloaf Mountain.
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.
BUSINESS
8. Receive a Presentation from the Nevada County Arts Council and Request for Approval of a Letter of Support for Governor Newsom’s 2022-23 State Budget Proposal, the California Blueprint, that includes $30 million in One-Time Funding to Support and Expand the California Cultural Districts Program Recommended Action: Hear presentation and approve the letter of support.
9. Update on Storm Debris Clean-Up
Recommended Action: Hear verbal report with possible direction to staff on storm debris clean-up and cost recovery actions
10. 2021 Housing Element Progress Report
Recommended Action: Authorize Transmittal of the 2021 Housing Element Annual Progress Report to the Department of Housing and Community Development
11. Consideration of Ordinance No. 2022-04: An Ordinance of the City Council of the City of Nevada City, State of California, Adding Chapter 8.11 to the Nevada City Municipal Code, Relating to Woodstoves and Fireplaces
Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for April 13, 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 Manager/Deputy City Clerk for the City of Nevada City, declares that the foregoing agenda for the March 23, 2022 Regular Meeting of the Nevada City City Council was posted March 18, 2022 at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed March 18, 2022 at Nevada City, California
____________________________________________________________ Gabrielle Christakes, Administrative Services Manager/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 March 23 , 2022 5:30 P.M.
CLOSED SESSION—Pursuant to cited authority, the City Council will hold a closed session to discuss the following listed items. A report of any action taken will be presented during the regular meeting.
CLOSED SESSION PUBLIC COMMENT: Members of the public are entitled to comment on the closed session agenda before the Council proceeds into closed session.
A. Conference with Labor Negotiator (§54957.6)
Labor Negotiator:
• Sean Grayson, City Manager
Employee Organizations:
• Nevada City Police Officer’s Association
• Nevada City Police Supervisor’s Association
• Nevada City Miscellaneous Employees
• Nevada City Management and Supervisory Employees
• Unrepresented Employees
WEDNESDAY March 23, 2022 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 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. Telephone: Dial 1-669-900-9128
3. 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
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—February 2022
Recommended Action: Receive and file
2. Nevada City Farmer’s Market Street Closure Request 2022 Recommended Action: Review and authorize Nevada City Farmer’s Market street closure request per application
3. Receipt of Nevada County Transportation Commission’s (NCTC) Draft FY 2022/23 Overall Work Program (OWP) and Request for Approval of Resolution 2022-21: A Resolution of the City Council of the City of Nevada City Approving the Projects Proposed for Inclusion in the Nevada County Transportation Commission’s FY 2022/23 Overall Work Program
Recommended Action: Review projects proposed for inclusion in the Nevada County Transportation Commission (NCTC Fiscal Year (FY) 2022/23) Overall Work Program (OWP) and pass Resolution 2022-21 approving the projects proposed for inclusion in the NCTC FY 2022/23 OWP
4. Consideration of Adoption 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
5. Second Reading and Adoption of Ordinance No. 2022-02: An Ordinance of the City Council of the City of Nevada City, State of California, Amending Chapters 8, 10 and 38 of Title 8 of the City of Nevada City Municipal Code Relating to Fire Control, Vegetation Management, Debris Removal and Abatement, Open Burning and Fireworks
Recommended Action: Hold second reading and adopt ordinance
6. Incorporate a List of Projects Funded by SB 1: The Road Repair and Accountability Act
Recommended Action: Approve Resolution No. 2022-03 approving the list of projects proposed to be funded with Local Partnership Program (LPP) formulaic funds for fiscal year 2020-21 and 2021-22; appoint the City Manager, or designee execute all applications, negotiations and agreements which may be necessary; and authorize the City Engineer, or designee, to execute and submit all reports, payment requests, and changes to the project description.
7. Award of Contract with Robinson Enterprises for Removal of Hazardous Trees at Sugarloaf Mountain
Recommended Action: Award Contract with Robinson Enterprises for Removal of Hazardous Trees at Sugarloaf Mountain.
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.
BUSINESS
8. Receive a Presentation from the Nevada County Arts Council and Request for Approval of a Letter of Support for Governor Newsom’s 2022-23 State Budget Proposal, the California Blueprint, that includes $30 million in One-Time Funding to Support and Expand the California Cultural Districts Program Recommended Action: Hear presentation and approve the letter of support.
9. Update on Storm Debris Clean-Up
Recommended Action: Hear verbal report with possible direction to staff on storm debris clean-up and cost recovery actions
10. 2021 Housing Element Progress Report
Recommended Action: Authorize Transmittal of the 2021 Housing Element Annual Progress Report to the Department of Housing and Community Development
11. Consideration of Ordinance No. 2022-04: An Ordinance of the City Council of the City of Nevada City, State of California, Adding Chapter 8.11 to the Nevada City Municipal Code, Relating to Woodstoves and Fireplaces
Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for April 13, 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 Manager/Deputy City Clerk for the City of Nevada City, declares that the foregoing agenda for the March 23, 2022 Regular Meeting of the Nevada City City Council was posted March 18, 2022 at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed March 18, 2022 at Nevada City, California
____________________________________________________________ Gabrielle Christakes, Administrative Services Manager/Deputy City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: March 23, 2022 Agenda Item No. 1
Subject:
Fire Activity Report – February 2022
From:
Sam Goodspeed, Division Chief
Date:
March 16, 2022
Reviewed & Approved:
Sean Grayson, City Manager
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:
Outside Unit Responses to Nevada City
Station 5 Incident Type Summary Report
Station 5 Response by District
City of Nevada City Incident Type Report
Basic Incident Date Time:
Basic Incident Zone/District Number (Fd1.32):
Apparatus Resource Id (Fd18.1):
Elite grsnev Outside Unit Responses to Nevada City
Total Responses Total Call Time in Minutes Average Time Spent on Call Apparatus Resource ID (FD18.1): B5111
1 24 24
Total: 1 Total: 24
Avg: 24.00
Apparatus Resource ID (FD18.1): B5112
1 11 11
Total: 1 Total: 11
Avg: 11.00
Apparatus Resource ID (FD18.1): Engine 84
9 145 16
Total: 9 Total: 145
Avg: 16.11
Apparatus Resource ID (FD18.1): Engine 86
3 104 35
Total: 3 Total: 104
Avg: 34.67
Apparatus Resource ID (FD18.1): Engine2362
1 22 22
Total: 1 Total: 22
Avg: 22.00
Apparatus Resource ID (FD18.1): Rescue 84
10 223 22
Total: 10 Total: 223
Avg: 22.30
Total: 25 Total: 529
Avg: 21.68
Report Criteria
Is Equal To Last Month
Is In 5 - Nevada City Stn 5, 5 - Station 5 - City, Nevada City Stn 5 Is Not In Batt 1, Batt 2, Batt 3, Brush 5, CPT11, Chief 1, Engine 1, Engine 2, Engine 201, Engine 202, Engine 205, Engine 5, OESE4104, OESE4609, P 2, P 3, P1, Squad 2, Truck 2, Utility 1, Utility 2, Utility 5, Utility 54 1 of 1 Printed On: 03/15/2022 12:55:20 PM
Basic Incident Type (Fd1.21):
Apparatus Resource Id (Fd18.1):
Basic Incident Date - Derived (Fd1.3):
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
111 - Building fire 2 2.82% 0.00 500.00 500.00 62.50%
141 - Forest, woods or wildland fire 1 1.41%
142 - Brush or brush-and-grass mixture
fire
1 1.41%
Total: 4 Total: 5.63% Total: 0.00 Total: 500.00 Total:
500.00
Total: 62.50%
Incident Type Category (FD1.21): 2 - Overpressure Rupture, Explosion, Overheat (No Fire) 251 - Excessive heat, scorch burns with
no ignition
1 1.41% 200.00 100.00 300.00 37.50%
Total: 1 Total: 1.41% Total: 200.00 Total: 100.00 Total:
300.00
Total: 37.50%
Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 321 - EMS call, excluding vehicle accident
with injury
32 45.07%
324 - Motor vehicle accident with no
injuries.
1 1.41%
Total: 33 Total: 46.48% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 412 - Gas leak (natural gas or LPG) 2 2.82%
463 - Vehicle accident, general cleanup 1 1.41%
Total: 3 Total: 4.23% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 5 - Service Call
531 - Smoke or odor removal 1 1.41%
553 - Public service 1 1.41%
554 - Assist invalid 3 4.23%
Total: 5 Total: 7.04% 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 9 12.68%
6111 - Monitoring of call only 2 2.82%
622 - No incident found on arrival at
dispatch address
2 2.82%
631 - Authorized controlled burning 1 1.41%
Total: 14 Total: 19.72% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 7 - False Alarm & False Call 733 - Smoke detector activation due to
malfunction
1 1.41%
735 - Alarm system sounded due to
malfunction
2 2.82%
741 - Sprinkler activation, no fire -
unintentional
1 1.41%
744 - Detector activation, no fire -
unintentional
1 1.41%
745 - Alarm system activation, no fire -
unintentional
6 8.45%
Total: 11 Total: 15.49% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Total: 71 Total: 100.00% Total: 200.00 Total: 600.00 Total:
800.00
Total: 100.00%
Report Criteria
Is Not Blank
Is In Brush 5, Chief 5400, Engine 5, Utility 5
Is Equal To Last Month
1 of 1 Printed On: 03/14/2022 08:07:12 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 5 1 - Station 1 - City 2
2 - Station 2 - City 16
5 - Station 5 - City 35
NCC 54 5
NCC 84 7
NCC 86 2
NCC 87 1
NCC 91/92 1
Ophir Hill 2
Report Criteria
Is In Brush 5, Chief 5400, Engine 5, Utility 5
Is Equal To Last Month
1 of 1 Printed On: 03/14/2022 08:07:13 AM
Basic Incident Zone/District Number (Fd1.32):
Basic Incident Postal Code (Fd1.19):
Basic Incident Date - Derived (Fd1.3):
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): 2 - Overpressure Rupture, Explosion, Overheat (No Fire) 251 - Excessive heat, scorch burns with
no ignition
1 3.03% 200.00 100.00 300.00 100.00%
Total: 1 Total: 3.03% Total: 200.00 Total: 100.00 Total:
300.00
Total: 100.00%
Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 321 - EMS call, excluding vehicle accident
with injury
22 66.67%
Total: 22 Total: 66.67% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 412 - Gas leak (natural gas or LPG) 1 3.03%
Total: 1 Total: 3.03% 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 1 3.03%
Total: 1 Total: 3.03% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 7 - False Alarm & False Call 735 - Alarm system sounded due to
malfunction
1 3.03%
745 - Alarm system activation, no fire -
unintentional
6 18.18%
746 - Carbon monoxide detector
activation, no CO
1 3.03%
Total: 8 Total: 24.24% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Total: 33 Total: 100.00% Total: 200.00 Total: 100.00 Total:
300.00
Total: 100.00%
Report Criteria
Is In 5 - Station 5 - City, Nevada City Stn 5
Is Equal To 95959
Is Equal To Last Month
1 of 1 Printed On: 03/14/2022 08:07:06 AM
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: March 23, 2022 Agenda Item No. 2
Subject: Nevada City Farmer’s Market Street Closure Request 2022
From: Sean Grayson, City Manager
Date: March 4, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Review and authorize Nevada City Farmer’s Market street closure request per application
ISSUE STATEMENT AND DISCUSSION:
On February 7, 2022, the City received an application for the Saturday Nevada City Farmer’s Market series of events beginning May 7, 2022 and running through December 17, 2022. The proposed event hours are 8:30am to 1:00pm with setup beginning at 6:00 AM and take down by 2 PM. The proposed street closures below are consistent with prior years closures for the event(s) and include:
- Union Street between Broad Street and Main
- Robinson Plaza
A summary of the specific event characteristics and recommended staff conditions are included in the application packet.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The total fees to be collected if the application is approved are $250.
ENVIRONMENTAL CONSIDERATIONS:
None
ATTACHMENTS:
Street Closure/Special Event Application and staff conditions EVENT NAME:
EVENT INFORMATION. Please attach a detailed description of your event to this application (e.g. Overall summary, open to the public? How being publicized? Kid/family friendly? Rain or shine? Etc.)
Type of Event (Check all that apply)
___ Parade/Procession ___ Concert/Show/Public Dance
___ Street Festival/Block Party ___ Fundraiser
___ Run/Walk/Bicycle ___ Other:
Has this event been produced before? Yes No
Is this an annual event? Yes No
Will there be an admission or entry fee? Yes No
If yes, fee per adult: $____________ Fee per child: $___________ Event Date(s)
Expected number of:
Attendees Participants Volunteers
Units and floats for parade:
Event Hours Start End
Set-up Date Time
Break Down Date Time
Names of street(s), sidewalk(s), alley(s) proposed to be closed (Attach additional pages or a map if necessary). Note that it may be necessary to consult with a Police Lieutenant (265-2626) and/or the Public Works Superintendent (265-2496) to accurately identify requested street closures.
between &
between &
Additional Facilities Requested
Event organizers may be asked to complete a Facility Rental Contract with details about use of these additional facilities. Rental fees & cleaning deposits may apply. ___ Robinson Plaza ___ Calanan Park ___ Other: ___________________
CITY OF NEVADA CITY
SPECIAL EVENT APPLICATION / CONTRACT
Nevada City Farmers Market
x Farmers Market
Saturdays May 1st-December 18th 2021
800 35-40 4
8:30am 1pm
Saturdays 6am
Saturdays event ending at 1pm, street to be re-opened by 2pm Union Street Broad Street Commercial, Coyote, Main
x
Robinson Plaza
May 7th-December 17th every Saturday
3 APPLICATION FEES
The City requires the payment of a non-refundable application fee upon submission of your completed application. Late fees apply to applications filed less than 90 days in advance of an event. The City does not guarantee any application submitted less than 45 days in advance will be able to be submitted to the City Council for consideration prior to the planned event. Please select from the following table the fee(s) that apply to your application:
$100 Timely application for single new event OR old event with new sponsor $50 Timely application for repeat of event with same sponsor $25 For each additional application for new event by the same sponsor $10 For each additional application for repeat of event with same sponsor $75 Additional fee for applications filed less than 90 days in advance of an event $100 Rental Fee for Robinson Plaza or Calanan Park
$100 Cleaning Deposit for use of Robinson Plaza or Calanan Park ______$500 Additional refundable security deposit, (if applicable), payable to the City of Nevada City, is to be paid to the cashier by cash, personal/business check, money order or cashier’s check, for costs associated with city staff and/or extraordinary police services and/or costs of damages to public facilities that may be associated and reasonably foreseen with such event.
$ Total Fees
APPLICANT AUTHORIZATION AND INDEMNITY
To the extent allowed by law, Applicant agrees to defend, indemnify, and hold harmless the City of Nevada City, its agents, officials, and employees from and against all claims, damages, losses, injuries, illness, accidents relating to, arising out of, or resulting from, the use of this Special Event Application and the information contained therein, and any resulting Contract.
Applicant acknowledges that the information provided in this Application is true and accurate to the best of Applicant’s knowledge and belief.
I have read, understand and agree to comply with all the information provided in the Special Event Application (attached) and any resulting permits and Special Event Contract if approved by the City Council.
Signature of Applicant/Responsible Party Date
x
x
x
250
Event Description:
The Nevada City Farmers Market is an open air farmers market in downtown Nevada City. It showcases local agricultural producers, food purveyors, artisans and non-profits in our region. Every Saturday from May-December, Union Street transforms into a bustling outdoor market place that attracts visitors from all across the state.
The Market is open to the public and kid/family friendly. It is publicized widely across many mediums including but not limited to: radio, community calendars, social media, local newspapers, food and agricultural magazines and more. We operate rain or shine.
(more detailed information included on pages 12 & 13)
Amplified sound - There is a 10x10 tent in Robinson Plaza in front of the Pelton Wheel. The sound level is monitored by the Market Manager who is at the Market booth on Union Street across from the plaza.
Food vendors: They are permitted and inspected by Environmental Health.
Food Cooking - as above.
Tents - Vendors use 10x10 easy ups
4 [PAGE LEFT BLANK INTENTIONALLY]
1 OVERVIEW
Thank you for choosing the City of Nevada City as the location for your event. Special events such as fairs, carnivals, rallies/races, festivals, public dances, shows, concerts are an important role in the life of a healthy and vibrant community. However, such events may have a negative effect on surrounding residents and businesses if they are not planned appropriately. The purpose of the special event permitting process is to ensure that there are adequate measures for security, traffic control, crowd control, parking and other health and safety impacts related to a special event. “Special Event” means, for the purposes of this requirement, any activity on public or private property that, due to the anticipated amount of attendees or the nature of the event, is not compatible with the generally intended use of the property for which it is proposed and is characterized by any of the following:
1. Requires city services to ensure compliance with state or local laws; for example, temporary licenses issued by the California Department of Alcoholic Beverage Control, or temporary structure permits;
2. Involves use of city owned or managed property such as public streets, sidewalks, alley, parking lots, plazas or other city owned or managed open spaces;
3. Involves closure, or partial closure, of any public right-of-way, or requires traffic control procedures necessitating the involvement of police or street maintenance personnel;
4. Impairs emergency vehicle access;
5. Requires extraordinary police services in order to protect public safety, health, and/or welfare;
6. Results in impacts to adjacent public or private property because of, for example, the use of live or amplified entertainment or the anticipated impacts on parking.
Exclusions. The following activities shall not be considered a "special event" within the meaning of this chapter and therefore they do not require a special event permit:
A. An event sponsored by the city.
B. An event held at a city facility pursuant to a facility rental agreement and it is reasonably foreseeable in the opinion of the chief of police that no extraordinary police services are required;
C. An event held in a private residence where no admission is charged, the event is not open or advertised to the public, and it is reasonably foreseeable in the opinion of the chief of police that no extraordinary police services are required;
D. An event held in a members-only facility at which the only participants are the members (and their invited nonpaying guests) and it is reasonably foreseeable in the opinion of the chief of police that no extraordinary police services are required;
CITY OF NEVADA CITY
SPECIAL EVENT GUIDELINES
2 E. Events sponsored by religious entities held in the religious entity's facility that only members by permission attend and it is reasonably foreseeable in the opinion of the chief of police that no extraordinary police services are required;
F. Events that are authorized by and consistent with existing use permits and licenses governing the establishment, unless that person, entity, or business holds an event that, in the opinion of the chief of police, will foreseeably result in impacts on public safety, health, welfare, and police resources; and
G. Any entertainment for which other special permits have been obtained, such as, but not limited to, parade permits, dance permits, use permits, and short-term encroachment permits and it is reasonably foreseeable that no extraordinary police services will be required.
The City requires the submittal of a Special Event Application as a pre-condition of considering whether to enter into an agreement to grant a permit for the event or to allow temporary use of all or any portion of a public street, sidewalk, alley, parking lot, plaza or other city owned or managed open space.
Application materials must be completed in full and submitted to the City at least 90 days prior to your event date, and no more than one year in advance of the event date. Applications are accepted on a first-come, first-served basis. A non-refundable application fee must be paid upon submission of your completed application. Use “NA” for “not applicable” to questions or sections that do not apply to your event. Incomplete applications will not be accepted and will delay processing which could affect the availability of your preferred event date or location. Please note the information you provide becomes public information.
City staff will review the Application/Contract. Notes from Police, Fire, Public Works and Parks & Recreation will be presented to City Council for consideration. City Council approves or disapproves your Application/Contract at a formal noticed public meeting. Applicants are strongly encouraged to attend the designated City Council meeting in order to discuss their proposed event and answer related questions. Please ensure you have City Council approval before marketing or advertising your event.
EVENT REQUIREMENTS
Alcohol. If alcohol is sold at your event, an Alcohol Permit from California Alcohol Beverage Control (ABC) is required. Please contact ABC at (916) 419-1319.
Amplified Sound. If the event will have amplified sound, applicant is required to have an event staff member responsible for monitoring sound levels to assure compliance with City noise standards when sound/music/noise may be audible beyond the event venue.
Business License. All vendors participating in an event held in Nevada City must obtain a current business license. For information about business license requirements, call City Hall at (530) 265-2496 x100.
Form of Payment. The City accepts payment in the form of cash, personal/business check, money order or cashier’s check. Please note there will be a $25 service charge for all returned checks.
Insurance. The applicant and/or the sponsoring organization is required to provide proof of insurance. A current or valid Certificate of General Liability Insurance in the amount of $1,000,000 and an 3 endorsement (CG2026 or equivalent) naming the City of Nevada City as additional insured will be required at least 30 days prior to the event.
Event Notification. An event can change the normal flow of residential and business activity potentially causing a negative impact on the community. As the event organizer, you are responsible for notifying those residents and businesses that are adjacent to the planned closure prior to submission of your Application. Applicants must meet the Event Notification requirements unless the event is sponsored by the Nevada City Chamber of Commerce or has been approved and held annually in the same manner for three or more years. The preferred method of notification is the Requested Special Event Notification Form (Addendum A). Unless otherwise exempt, your application materials must include a signed Notification Certification (Addendum B) confirming adjacent residents and businesses were notified of the planned event.
Parking. Applicants will be required to work with the Nevada City Police Department to facilitate ingress/egress requirements for event participants.
Restrooms. Public restrooms are limited to two for downtown events, one at Robinson Plaza and one in the Commercial Street parking lot. If your event is planned for more than 50 people or in an area away from either public restroom, you may be required to provide restroom accommodations and hand washing facilities for event attendees in the quantity prescribed by the City.
Waste Management/Recycling. You are responsible for properly disposing of all waste and garbage throughout the term of your event, and immediately upon conclusion of the event the area must be returned to a clean condition. Therefore, the City may require the applicant to provide trash and recycling containers if the event involves food or drink vendors. Should cleanup be inadequate or damage to City property occurs, you will be billed at full recovery rates, plus overhead for cleanup and repair.
Runs/Walks/Bicycle. If you put chalk, stickers or other directional markings on streets, sidewalks or trails, these markings must all be removed at the end of your event.
CHECKLIST
Before you submit your application to the City of Nevada City, please make sure you have completed the following steps:
___ Sign AND date your Application/Contract.
___ Attach a detailed event description and additional information as needed ___ Secure required insurance for the event.
___ Include a Notification Certification (Addendum B) confirming businesses and residents have been notified of the planned event.
___ Calculate and include the applicable fee.
Submit your completed application to:
City of Nevada City, Attn. Special Event Applications, 317 Broad Street, Nevada City, CA 95959 x
5 Addendum B – Notification Certification
EVENT INFORMATION
Sponsoring Organization
Event Name
Event Date(s)
Event Location
Signature of Sponsor or Authorized Representative
I acknowledge I am responsible for providing notice of my requested event to all adjacent residents and businesses and certify that the entities listed below have been notified of the requested event.
Name (printed)
Signature
Name/Business Address Method of Notification
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
[Attach additional pages as needed]
Nevada&City&Farmers&Market&Association
Description
The&Nevada&City&Farmers&Market&Association’s&mission&is:&To&advance& consumer&education&by&creating&and&supporting&a&meeting&place&for&the& community&to&have&direct&access&to regional&producers&who&practice& sustainable&agriculture; to&create&and&support&programs&that&provide&free&and& lowBcost&food&products&to&children&seniors&and&lowBincome&families; to&serve& the&public&interest&by&creating&a&meeting&place for&the&community&and&social& welfare&organizations;&and to&originate&and/or support&other&activities& consistent&with&the&above.
Each&Saturday&the&Farmers&Market&consists&of&two&separate&events.&See&attached& map.
The$Certified$Farmers$Market,$CFM: is&on&the&east&side&of&Union&Street.&Typically& there&are&about&15 certified&producers,&that&is,&farmers,&in&single&and&double&booths.& Prior&to&2008&there&were&several&local&farmers&markets.&These&markets&were&either& nonBcertified&and/or&admitted&nonBlocal&producers;&none&considered&farming& practices&as&an admission&criterion.&The&NCFMA&was&created&to&provide&a&venue& where&local&producers&who&practice&sustainable&farming&methods&were&competing& amongst&themselves&for&the&following&reasons:
• When&an&event&is&called&a&“farmers&market”&many&consumers&assume&that the&sellers&are&farmers.&But&at&a&nonBcertified&market&individuals&may&be& resellers.&&
• We&are&adjacent&to&California’s&food&basket,&the&Central&Valley.&In&spring,& at&the&beginning&of&the&local&market&season&when&customer&allegiances& are&being&formed,&the&display&at&a&Central&Valley&producer’s&booth&will& have&greater&variety&than&is&possible&at&our&elevation.&Many&consumers,& accustomed&to&shopping&at&supermarkets,&have&lost&knowledge&of&their& local&growing&season.&
• Sustainable&and/or&organic farming&are typically&more&expensive&than& other&methods&of&cultivation.&
The&Nevada&County&Ag&Commissioner&and&the&California&Department&of&Food&and& Agriculture,&CDFA,®ulate&the&CFM.&Our&market&manager,&Stephanie&Stevens,&and& our&volunteer&operations&manager,&Jane&SangwineBYager,&have&both&received& training&by&these&agencies.
The$Community$Event: occurs&on&the&west&side&of&Union&Street&and&in&Robinson& Plaza.&Typically&there&are&about&16 vendors,&1&to&3&community&booths,&the&market& booth&and,&for&part&of&the&season,&the&Tasting&Booth.&By&CDFA®ulation,&only& certified&producers&may&sell&within&a&CFM.&The&Nevada&County&Department&of& Environmental&Health®ulates&the&community&event.&Our¤t&market&manager,& ,&and&our&past&manager&and¤t&board&member,&Mali&Dyck,& have&both&received&training&by&Environmental&Health.&
Becca Warner
Becca Warner
Nevada&City&Farmers&Market&Association
Description
i. Vendors:&The&Community&Event&is&held,&in&part, to support&local&nonB producers.&The&vendors&sell&food&and&valueBadded&products&like&hand& made&soap&and&crafts.&The&NCFMA&selects&nonBproducers&who& complement&its&mission:&They&are&local&and&where&applicable,&they&use& locally&grown,&organic,&or&fairBtrade&ingredients.&
ii. Community&Groups: On&a&space&available basis,&the&NCFMA&provides& booth&space&at&no&cost&to&various&community&groups&to&publicize&their& activities.&
iii. Market&Booth:&In&addition&to&being&the&information&and&management& center&of&the&market,&the&Market&Booth&dispenses&Electronic&Benefits& Transfer,&EBT.&At the&request&of&its&members,&the&NCFMA&became&the&first& CFM&in&Nevada&County&to&participate&in&the&EBT&(food&stamps)&program.& EBT&clients&use&a&pointBofBsale&machine&to&purchase&oneBdollar&wooden& tokens&as&market&script.&
iv. Tasting&Booth: At&the&request&of&its&members,&in&2013&the&NCFMA&began&a& tasting&booth&at&the&Farmers&Market.&At&the&beginning&of&each&market,& produce&is&collected&from&producers,&cut&up&for&raw&samples&or&cooked,& and&made&available&at&no&cost&to&consumers.&The&Tasting&Booth&is& permitted&and&inspected&by&the&Nevada&County&Department&of& Environmental&Health.&
Volunteers:$The&NCFMA&supports&a&group&of&local&residents&who&volunteer.&At&any& given&market&there&will&be&10&to&12&volunteers&participating&in&all&or&part&of&setup,& managing&the&market&booth&and&takedown.&They&set&out&tables&and&chairs,&decorate& the&street&with&flags,&set&up&the&Market&and&Tasting&Booths,&and&assist&with&traffic& control.&
Three Forks Parking lot
Side walk Commercial Street
12A
9A 9A 12A 10A 10A
Broad
Street
Side walk Calanan Park
7A 7A 8A 8A
DA Office Building
5A 5A 6A 6A
3A 3A 4A 4A
1A 1A 2A 2A
2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 2 4 6 8 10 12 14 16 18 20 26 28 30 32 34 36 38 Market Booth cros
s wal
k
Intersection of Union,
Commercial, Main and Coyote no pets
sign Union Street more vendors sign Union Street
no pets
sign
1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 Businesses
driveway to garage
Trash
chamber
Robinson Plaza
harmony
books
music 1P
trash
garage Face painting
restrooms
The ACORD name and logo are registered marks of ACORD
CERTIFICATE HOLDER
© 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01)
AUTHORIZED REPRESENTATIVE
CANCELLATION
DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE
JECT LOC PRO- POLICY GEN'L AGGREGATE LIMIT APPLIES PER:
CLAIMS-MADE OCCUR
COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence) $ DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
DED RETENTION $ CLAIMS-MADE OCCUR
$ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR
LTR TYPE OF INSURANCE POLICY NUMBER
POLICY EFF
(MM/DD/YYYY) POLICY EXP(MM/DD/YYYY) LIMITS
PER
STATUTE OTH- ER
E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$
ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under DESCRIPTION OF OPERATIONS below
(Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
AUTOMOBILE LIABILITY ANY AUTO
ALL OWNED SCHEDULED
HIRED AUTOS NON-OWNED
AUTOS AUTOS
AUTOS
COMBINED SINGLE LIMIT BODILY INJURY (Per person)
BODILY INJURY (Per accident) PROPERTY DAMAGE $$
$
$
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSD
ADDL WVDSUBR
N / A
$
$
(Ea accident)
(Per accident)
OTHER:
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
INSURED
PHONE
(A/C, No, Ext): PRODUCER
ADDRESS: E-MAIL
FAX
(A/C, No): CONTACT NAME:
NAIC #
INSURER A :
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
INSURER(S) AFFORDING COVERAGE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
x
x x x
x
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: March 23, 2022 Agenda Item No. 3
Subject: Receipt of Nevada County Transportation
Commission’s (NCTC) Draft FY 2022/23 Overall Work
Program (OWP) and Request for Approval of Resolution
2022-21: A Resolution of the City Council of the City of Nevada City Approving the Projects Proposed for
Inclusion in the Nevada County Transportation
Commission’s FY 2022/23 Overall Work Program
From: Bryan McAlister, City Engineer
Date: 5/06/2021
Reviewed & Approved:
City Manager: Sean Grayson
City Attorney:
Recommended Action: Review projects proposed for inclusion in the Nevada County Transportation Commission (NCTC Fiscal Year (FY) 2022/23) Overall Work Program (OWP) and pass Resolution 2022-21 approving the projects proposed for inclusion in the NCTC FY 2022/23 OWP.
ISSUE STATEMENT AND DISCUSSION:
The Nevada County Transportation Commission (NCTC) annually develops an Overall Work Program (OWP) outlining the scope of work and budget for various transportation planning activities. The purpose of the Fiscal Year (FY) 2022/23 OWP is:
1. To show how the Federal Planning Factors will be integrated into the OWP Work Elements.
2. To outline continuing and new activities.
3. To present a summary of the expected revenues and expenditures for the fiscal year.
A final OWP will be considered by the NCTC at their May 2022 meeting. A summary of the Draft FY 2022/23 Overall Work Program is attached to this report.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The Draft OWP includes a summary of projected revenues and expenditures for FY 2022/23.
ENVIRONMENTAL CONSIDERATIONS:
None
ATTACHMENTS:
• Resolution No. 2022-21 Approving the Projects Proposed for Inclusion in the Nevada County Transportation Commission’s FY 2022/23 Overall Work Program • NCTC Draft FY 2022/23 Overall Work Program for Nevada City • Memo to City of Nevada City Proposed Projects FY 22/23 OWP 03-01-22 RESOLUTION NO. 2022-21
RESOLUTION APPROVING THE PROJECTS PROPOSED FOR INCLUSION IN THE NEVADA COUNTY TRANSPORTATION COMMISSION'S FY 2022/23
OVERALL WORK PROGRAM
WHEREAS, on November 21, 1991, the City Council authorized the Mayor to execute a Memorandum of Understanding on behalf of the City of Nevada City with the Nevada County Transportation Commission relating to regional transportation planning; and
WHEREAS, in accordance with the above referenced Memorandum of Understanding, the Nevada County Transportation Commission has submitted the projects to be included in its FY 2022\23 Overall Work Program for the review and approval of the Council of the City of Nevada City.
BE IT RESOLVED by the City Council of the City of Nevada City, as follows:
1. That the Council hereby acknowledges its approval of the projects proposed for inclusion in the FY 2022/23 Overall Work Program of the Nevada County Transportation Commission as submitted.
2. That the Council encourages the Nevada County Transportation Commission to continue its efforts to coordinate the regional transportation planning process and to work closely with the staff of the City of Nevada City to identify and resolve issues that are of common concern.
PASSED AND ADOPTED at the regular meeting of the City Council of the City of Nevada City held on the 23rd day of March, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Duane Strawser, Mayor
ATTEST:
_________________________________
Niel Locke, City Clerk
101 Providence Mine Road, Suite 102, Nevada City, California 95959 (530) 265-3202 Fax (530) 265-3260 E-mail: [email protected] Web Site: www.nctc.ca.gov
File: 1030.0
MEMORANDUM
TO: Nevada County Transportation Commission
FROM: Michael Woodman, Executive Director
SUBJECT: Draft FY 2022/23 Overall Work Program
DATE: March 16, 2022
RECOMMENDATION: Provide comments on Nevada County Transportation Commission's (NCTC) Draft FY 2021/22 Overall Work Program (OWP).
BACKGROUND: Annually each Regional Transportation Planning Agency (RTPA) develops an OWP for formal adoption by its governing board. The OWP outlines the scope of work and budget for various transportation planning activities. The OWP is a requirement of NCTC’s Master Fund Transfer Agreement with the State of California and includes the following three components: Introduction, Work Elements (W.E.), and Budget. The purpose of this draft OWP for the FY 2022/23 is:
1. To show how the Federal Planning Factors will be integrated into the OWP Work Elements.
2. To outline continuing and new activities.
3. To present a summary of the expected revenues and expenditures for the fiscal year.
A final OWP will be presented for approval at the May 18, 2022 NCTC meeting.
FEDERAL PLANNING FACTORS FOR FY 2022/23
As shown in the chart on page I-5 in the Draft OWP, the Federal Planning Factors that are included in Fixing America’s Surface Transportation Act (Section 134(h), FAST Act, 2015) have been integrated into NCTC’s FY 2022/23 OWP:
1. Support the economic vitality of the region, especially by enabling global competitiveness, productivity, and efficiency.
2. Increase the safety of the transportation system for motorized and non-motorized users.
3. Increase the security of the transportation system for motorized and non-motorized users.
4. Increase the accessibility and mobility of people and for freight.
MICHAEL WOODMAN, Executive Director
JAN ARBUCKLE – Grass Valley City Council, Vice Chair
ANDREW BURTON – Member-At-Large
SUSAN HOEK – Nevada County Board of Supervisors
ED SCOFIELD – Nevada County Board of Supervisors, Chair DUANE STRAWSER – Nevada City City Council
JAN ZABRISKIE – Town of Truckee
Grass Valley • Nevada City Nevada County • Truckee
FY 2022/23 OWP DRAFT
5. Protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns.
6. Enhance the integration and connectivity of the transportation system, across and between modes, for people and freight.
7. Promote efficient system management and operation.
8. Emphasize the preservation of the existing transportation system.
9. Improve the resiliency and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation.
10. Enhance travel and tourism.
OWP WORK ELEMENTS
NCTC's OWP integrates the Commission's organizational activities of Planning, Communication, and Coordination into two broad Work Elements: Communication and Coordination, and Regional Planning.
Each Work Element is further subdivided into projects that accomplish specific tasks or objectives.
Status of projects in the FY 2021/22 OWP:
• Nevada County Regional Transportation Plan Update: NCTC staff has prepared and distributed the Request for Proposal for qualified transportation consultants and anticipates finalizing consultant selection by March 16, 2022
• Regional Transportation Mitigation Fee Update: Work is progressing, scheduled to be complete December 2022.
• READY Nevada County - Extreme Climate Mobility and Adaptation Plan: Work is progressing, scheduled to be complete June 2022. The draft report will be made available for review in April and additional public outreach activities will be scheduled. • Rural Counties Task Force Rural Induced Demand Study: NCTC staff will be releasing a Request for Qualifications in March 2022.
The following ongoing activities have been integrated into the Draft FY 2022/23 OWP:
1. STIP Projects:
A. SR 49 Corridor Improvement Project from La Barr Meadows Road to McKnight Way:
NCTC will continue to participate with Caltrans District 3 in the preparation of Plans, Specifications, and Estimates and Right-of-Way for a future construction project. (WE 2.2)
2. Planning/Administration Projects:
A. Congestion Mitigation and Air Quality (CMAQ) Funding: Monitor project activities as shown on the multi-year project listing. (WE 2.1)
B. Air Quality Conformity Process: Monitor changes in EPA requirements. (WE 2.1) FY 2022/23 OWP DRAFT
C. Regional Transportation Plan Update: The RFP was posted in February 2022. NCTC expects to have an executed consultant agreement by the March 16, 2022 meeting. (WE 2.1.1) D. Regional Transportation Mitigation Fee (RTMF) Program Update: Consultant is currently conducting traffic counts. The Final Report is scheduled to be presented at the January 18, 2023 meeting. (WE 2.2.1)
E. Eastern Nevada County Transit Development Plan Update: An RFP will be posted in April 2022. NCTC expects to have a consultant agreement executed by the July 20, 2022 meeting. (WE 2.3.3)
To assist Caltrans in the review of the NCTC FY 2022/23 OWP, staff has included a list of Rural Planning Assistance (RPA) eligible activities in each work element that uses RPA funds. As the name indicates, RPA funds are to be used for planning. RPA funds cannot be used for project development, project study reports, project implementation, or transit administration. attachments
Nevada County
Transportation Commission
2022/23 Overall Work Program
Draft - March 16, 2022
TABLE OF CONTENTS
Page
NCTC MISSION STATEMENT ...........................................................................................I-1 NCTC ORGANIZATION FLOW CHART .........................................................................I-2 OVERALL WORK PROGRAM INTRODUCTION .........................................................I-3 WORK ELEMENT 1 – COMMUNICATION AND COORDINATION .............................1 Project 1.1 General Services and Communication .............................................................2 Project 1.2 Fiscal Administration .......................................................................................3 WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING ...........................5 Project 2.1 Regional Transportation Plan ..........................................................................7 Project 2.1.1 Nevada County Regional Transportation Plan Update ....................................9 Project 2.2 Transportation Improvement Programs..........................................................11 Project 2.2.1 Regional Transportation Mitigation Fee Program Update .............................12 Project 2.3 Transit and Paratransit Programs....................................................................14 Project 2.3.3 Eastern Nevada County Transit Development Plan .......................................16 Project 2.4 Coordination of Regional Planning ................................................................17 Project 2.4.2 Airport Land Use Commission Planning and Reviews..................................20 Project 2.4.4 Rural Counties Task Force Rural Induced Demand Study…….....................21 WORK ELEMENT 3 - CALTRANS ACTIVITIES WITH NCTC.....................................23 Glossary of Terms and Acronyms...........................................................................................24 BUDGET TABLES:
TABLE 1 Budget Summary............................................................................................B-1 TABLE 2 Direct Costs....................................................................................................B-2 TABLE 3 Indirect Costs.................................................................................................B-3 TABLE 4 Revenues........................................................................................................B-4 TABLE 5 Expenditures...................................................................................................B-5 TABLE 6 Budget Detail .................................................................................................B-6
NEVADA COUNTY TRANSPORTATION COMMISSION
CREATING A BETTER FUTURE BY BUILDING UPON SUCCESSES OF THE PAST
MISSION STATEMENT
The mission of the Nevada County Transportation Commission is to plan, communicate, and coordinate with the citizens and decision makers of Grass Valley, Nevada City, Nevada County, Town of Truckee, and with Caltrans to identify transportation needs, propose solutions, and assist in implementing projects to create a balanced regional transportation system, while protecting the rural qualities and historic character of Nevada County.
Activities to Achieve the Mission Include, But are not Limited to, the Following:
NCTC develops a Regional Transportation Plan (RTP) which includes the actions, funding recommendations, and policy direction necessary to meet the needs of each transportation system component in the region.
NCTC interacts with the community through workshops, news media, the NCTC website and electronic newsletter.
NCTC develops and adopts a Regional Transportation Improvement Program (RTIP) that is consistent with the RTP.
NCTC conducts a comprehensive planning process in the development of its annual Overall Work Program so that funds expended on planning projects will implement the goals of the RTP. NCTC reviews transportation plans and programs of member agencies and endorses them based on consistency with the RTP and RTIP. In keeping with this responsibility, NCTC strives to be creative in assisting the region in developing the revenues to construct improvement projects. NCTC communicates and participates in workshops with Caltrans on proposed projects to be developed in the County of Nevada to ensure that the policies and goals of the RTP are implemented. NCTC coordinates with regional transportation planning agencies on legislation and statewide policy issues to ensure the region receives appropriate attention and funding from the State of California and the Federal government.
NCTC participates in interregional planning projects to ensure Nevada County projects support both regional and statewide transportation goals.
NCTC administers Transportation Development Act funds to ensure all statutory requirements are met, including the identification of the region's transit needs. NCTC manages Regional Surface Transportation Program funds, Regional Transportation Mitigation Fee funds and Regional Improvement Program funds in accordance with Federal acts and statutes promulgated by the State of California, selecting and funding eligible transportation improvement projects based upon those that are most effective and beneficial to the region.
I-1
NCTC
Nevada County Transportation Commission
Organization Flow Chart
Nevada County Transportation Commission (NCTC)
NCTC is a Regional Transportation Planning Agency (RTPA) created pursuant to Title 7.88 of the State of California Government Code, Section 67920. As the RTPA for Nevada County, NCTC coordinates transportation planning for Grass Valley, Nevada City, Nevada County, and the Town of Truckee. The NCTC board has seven members. Four members are appointed by the Board of Supervisors and three are appointed by the incorporated municipalities in the County. The Board of Supervisors appoints two of its members and two County at-large representatives. The municipalities appoint three city/town council members; one each from Nevada City, Grass Valley, and the Town of Truckee.
Technical Advisory Committee (TAC)
The TAC is made up of representatives of public transit operators, local public works and planning departments, public airport operators, the air pollution control district, and Caltrans. The Committee provides technical input on transportation issues and ensures there is coordination and cooperation in the transportation planning process.
Social Services Transportation Advisory Council (SSTAC) The SSTAC is made up of potential transit users who are representatives of the general public; seniors and/or disabled; social service providers for seniors, disabled, and persons of limited means; local social service and consolidated transportation providers; and Truckee residents who represent the senior and Hispanic communities. The goal of the SSTAC is to maintain and improve transportation services to the residents of Nevada County, particularly the underserved and underrepresented members of the community, such as the elderly and disabled. The SSTAC recommends action to the Commission relative to the unmet transit needs findings, and advises the Commission on transit issues, including coordination and consolidation of specialized transportation services.
Airport Land Use Commissions (ALUCs)
The Nevada County Transportation Commission has been designated as the Airport Land Use Commission for the Nevada County Airport and provides staff for the Truckee Tahoe ALUC. The purpose of Airport Land Use Commissions is to protect public health, safety, and welfare by ensuring the orderly expansion of airports and adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within the areas around the airports, to the extent that these areas are not already devoted to incompatible uses.
Nevada County Demographics
As of January 1, 2019, the population of Nevada County was estimated at 98,764. The largest municipality is Truckee with a population of 16,180, followed by Grass Valley at 12,860 and Nevada City at 3,068. Nevada County Quick Facts on Census.gov reported the racial makeup of the county as 84.9% White, followed by 9.7% Hispanic, 1.4% Asian, 1.3% Native American, and 0.6% Black or African-American. Quick Facts indicates that
10.3% of the population was below the poverty level.
I-2
OVERALL WORK PROGRAM INTRODUCTION
NCTC annually adopts a budget through the preparation of an Overall Work Program (OWP). This work program describes the planning projects and activities or work elements that are to be funded, and the type of funds that will pay for the expenditures, such as Rural Planning Assistance (RPA), Local Transportation Funds (LTF), or Federal Transit Administration (FTA). A Memorandum of Understanding (MOU) between NCTC, the Cities of Grass Valley and Nevada City, the Town of Truckee, and the County of Nevada provides for the coordination of regional transportation planning with local governments in Nevada County. The Commission staff prepares a draft OWP and in accordance with the MOU, solicits and integrates comments from each of the jurisdictions. The proposed work program is then submitted to the Commission for approval and forwarded to Caltrans.
Caltrans, as the grantor of Rural Planning Assistance funds and Federal Transit Assistance funds, approves the OWP. The budget reflects the on-going regional transportation planning process in Nevada County. Major concerns of each of the jurisdictions and Caltrans are reflected in the elements and levels of funding. The OWP is updated each year to report on the progress of identified projects, propose new or continuing projects for the ensuing year, and to provide an estimate of the required funding of the OWP elements.
Public Participation
Public involvement is a major component of the transportation planning and programming processes.
NCTC makes a concerted effort to solicit public input from all Nevada County residents, including under-represented groups, in many aspects of transportation planning within Nevada County. Specific examples are listed below:
♦ NCTC maintains a website (www.nctc.ca.gov), and a Facebook page to keep the public informed of transportation planning and programming efforts underway in Nevada County.
Agendas are posted on the bulletin boards of local jurisdictions and emailed to mobile home parks, residential homeowners associations, senior centers, environmental advocates, associations representing the private sector, and individuals that have asked to be included on the distribution list.
♦ Articles on the preparation of the Regional Transportation Plan (RTP) and Regional Transportation Improvement Program (RTIP), as well as the public comment periods, are posted on the NCTC website.
♦ Copies of the Draft RTP are made available for review at the main public libraries in western and eastern Nevada County, as well as on the NCTC website. ♦ Press releases are sent to the media establishments in western and eastern Nevada County announcing the Draft RTP is available for review and comment and noting some key findings. ♦ Public hearings are held and noticed in the main newspapers in western and eastern Nevada County prior to adoption of the RTP and RTIP.
♦ Each year public notifications are sent out to encourage participation in transportation planning processes, such as the annual unmet transit needs public hearing held by the Transit Services Commission (TSC) and numerous public workshops relating to the transportation projects and planning activities of NCTC.
♦ In accordance with SB52, NCTC conducts outreach and Tribal Consultation on any projects for which NCTC is lead agency and files a Notice of Preparation, Notice of Mitigated Negative Declaration or Notice of Negative Declaration. ♦ Citizens are encouraged to attend and speak at NCTC meetings on any matter included for discussion on the agenda at that meeting. During the COVID-19 restrictions on public gatherings, NCTC meetings and public workshops are held via teleconference (Zoom) and the public is invited to participate.
I-3
Regional Issues, Needs, and Goals
The main transportation issues in western Nevada County are related to providing adequate infrastructure and services to meet the needs of the County, while maintaining and enhancing the rural character and environmental qualities of the area. In western Nevada County, interregional traffic adds to the existing challenge and need to maintain and improve the transportation system.
In eastern Nevada County, the issues also stem from the challenges to meet the needs related to the high volumes of traffic generated by travelers taking advantage of the world-class recreational opportunities available in the Truckee-North Tahoe area. To address these issues requires a multimodal approach to transportation planning in the region.
Acquiring adequate and timely funding for transportation improvements is the central need within all of the Nevada County issues. Implementation of highway and regional roadway improvements will be key to providing efficient operations, while improving safety and air quality. The 2000 Census reported that approximately 17.5% of the county population was over 65 years of age, in 2019 that population increased to 27.5%, and it is projected that by 2030 this population is expected to increase to over 30%.
As the population of residents over the age of 65 increases, it will result in increased demand for public transit services in Nevada County. Additional state and federal transit operating and capital revenues will be necessary in order to meet the additional demand placed on the public transit systems.
Transportation issues facing Nevada County which have been identified as regionally significant include the following:
♦ Insufficient state, federal, and local transportation revenues ♦ Air quality/greenhouse gas emission reductions
♦ Coordination of land use, air quality, and transportation planning ♦ Providing and maintaining a transportation system that enhances safety, the efficient movement of all people, goods, services, and information, and environmental quality ♦ Efficient implementation of new technologies
Recognition of these issues leads to the overall goal of the Regional Transportation Plan, which is to provide and maintain a transportation system that enhances safety, the efficient movement of all people, goods, and services, and environmental quality. In the Policy Element this overarching goal is divided into the following four goals:
1) Provide for the safe and efficient movement of all people, goods, services, and information; 2) Reduce adverse impacts on the natural, social, cultural, and historical environment and the quality of life;
3) Develop an economically feasible transportation system; 4) Create and maintain a comprehensive, multi-modal transportation system to serve the needs of the County.
The following list of projects indicates progress made toward implementing the goals of the Regional Transportation Plan:
• Operation of Gold Country Stage, Truckee Transit, and associated paratransit services • SR 49-La Barr Meadows Road Signalization and Widening project, constructed 2013 • SR 20/49 Dorsey Drive Interchange project, constructed 2014 • SR 49 Bicycle and Pedestrian Improvement project, constructed 2014 • SR 49 Signal Pre-emption, programmed 2012 STIP, construction 2015/16 • SR 89 “Mousehole” Grade Separation, programmed 2012 STIP, construction 2015/16 • Northeast Grass Valley Sidewalk Improvements, Preliminary Engineering 2014/15, construction 2015/16
I-4
• Northeast Grass Valley Sidewalk Improvements, Preliminary Engineering 2014/15, construction 2015/16
• SR 49-La Barr Meadows to McKnight Way, programmed 2012 STIP, Project Approval - Environmental Documentation 2020/21, Plans, Specifications, and Estimates 2023/24 • Newtown Road Class II/III Bike Lanes, Right-of-Way 2012-2015, construction 2016/17 2021/22 Federal Planning Factors:
As shown in the chart below, the Federal Planning Factors included in Fixing America’s Surface Transportation Act (Section 134(h), FAST Act, 2015) have been integrated into NCTC’s FY 2021/22 OWP:
1. Support the economic vitality of the region, especially by enabling global competitiveness, productivity, and efficiency.
2. Increase the safety of the transportation system for motorized and non-motorized users.
3. Increase the security of the transportation system for motorized and non-motorized users.
4. Increase the accessibility and mobility of people and for freight.
5. Protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns.
6. Enhance the integration and connectivity of the transportation system, across and between modes, for people and freight.
7. Promote efficient system management and operation.
8. Emphasize the preservation of the existing transportation system.
9. Improve the resiliency and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation.
10. Enhance travel and tourism.
Planning Factors WE
1.1 WE
1.2 WE
2.1 WE
2.1.1 WE
2.2 WE
2.2.1 WE
2.3 WE
2.3.3 WE
2.4 WE
2.4.2 WE
2.4.4 Economic Vitality X X X X X X X X X
Safety X X X X X X X X X X
Security X X X X X X X X X
Accessibility X X X X X X X X X
Environment X X X X X X X X X
Connectivity X X X X X X X X X X
System Management &
Operation X X X X X X X X X X X
Preservation X X X X X X X X X X
Resiliency & Reliability X X X X X X X X X X
Travel & Tourism X X X X X X X X
I-5
NCTC Draft 2022/23 Overall Work Program March 16, 2022 1 WORK ELEMENT 1 - COMMUNICATION AND COORDINATION
Public involvement is a major component of NCTC's planning process. The activities and products from Project 1.1, General Services and Communication, are intended to provide the public with complete information and timely notices, thereby giving full public access to key decisions.
Work Element 1 incorporates the following activities that are an integral part of accomplishing NCTC's Mission:
NCTC interacts with the community through workshops, news media, and the internet. NCTC conducts a comprehensive planning process in the development of its annual Overall Work Program so that funds expended on planning projects will implement the goals of the RTP.
NCTC has the statutory responsibility to administer Transportation Development Act (TDA) funds, and to ensure that all expenditures of TDA funds are in conformity with the Regional Transportation Plan (RTP). NCTC also administers funds received from the Regional Surface Transportation Program (RSTP) and the Regional Transportation Mitigation Fee (RTMF) program. The work performed under Project 1.2, Fiscal Administration, has been incorporated into the NCTC Mission as follows:
NCTC administers Transportation Development Act funds to ensure all statutory requirements are met, including the identification of the region's transit needs. NCTC manages Regional Surface Transportation Program funds, Regional Transportation Mitigation Fee funds and Regional Improvement Program funds in accordance with Federal acts and statutes promulgated by the State of California, selecting and funding eligible transportation improvement projects based upon those that are most effective and beneficial to the region.
Through communication, collaboration, and public outreach activities, Work Element 1 incorporates the ten Federal Planning Factors (see page I-5) into the NCTC planning program.
Information and data developed through these activities are included in the Regional Transportation Plan and in transit planning documents.
NCTC Draft 2022/23 Overall Work Program March 16, 2022 2 WORK ELEMENT 1 - COMMUNICATION AND COORDINATION (continued) Project 1.1 - General Services and Communication
Purpose: Conduct communication and public outreach activities. Provide administrative and financial support for the operation of the Nevada County Transportation Commission and its advisory committees through the activities listed below.
Continuing Work:
• Public information and outreach activities (LTF)
• Preparation of agendas, minutes, notices, and correspondence (LTF) • Track legislation pertinent to the transportation planning process (LTF) • Technical Advisory Committee (TAC) activities (LTF)
• Provide staff services to SSTAC (LTF)
• Personnel administration (LTF)
• Maintain and update the NCTC website (LTF)
• Office lease (LTF)
• Purchase equipment (LTF)
• Maintain the Commission's office and equipment (LTF)
• Press releases and electronic newsletter (LTF)
• Reports on legislative measures (LTF)
• Update Conflict of Interest Code (LTF)
• Update DBE Program (LTF)
• Coordination with public safety agencies regarding the safety and security of the transportation system (LTF)
• Coordinate implementation of projects in the Regional Transportation Mitigation Fee (RTMF) Program. ((RTMF)
• Work with Nevada County, Grass Valley, and Nevada City to implement projects included in the multi-year Congestion Mitigation Air Quality (CMAQ) project listing. (LTF) • Apply for FTA planning grants. (LTF)
Products:
• Documentation of Commission and/or TAC meetings (Bimonthly) • Executive Director's Reports (Bimonthly)
• Personnel reviews (Annual)
• FTA Section 5311 Program of Projects (Mar 20)
Budget 1.1
Revenues:
LTF $261,034.37
RTMF $5,000.00
Total $266,034.37
Expenditures:
Staff $222,480.87
Indirect $38,553.49
Consulting $5,000.00
Total $266,034.37
Indirect costs are paid with local funds (see Budget Table 5).
Totals may not equal addition of amounts in columns due to rounding.
NCTC Draft 2022/23 Overall Work Program March 16, 2022 3 WORK ELEMENT 1 - COMMUNICATION AND COORDINATION (continued) Project 1.2 - Fiscal Administration
Purpose: Administer funds held by NCTC in accordance with the provisions of the TDA Guidelines and State and Federal requirements through the activities listed below.
Previous Work:
• Develop and oversee Overall Work Program and annual budgets (LTF) • Oversee fiscal and performance audits, as required (LTF) • Provide assistance to claimants in completing claims and resolving audit findings and/or recommendations (LTF)
• Preparation of State Controller's Annual Report (LTF) • Annual "Unmet Transit Needs" public hearing (LTF)
• Preparation of monthly financial reports (LTF)
• Review and process claims for TDA funds (LTF)
• Reports to Caltrans regarding FTA grants and RPA funds (LTF) • Update transportation/transit claim guidelines and forms (LTF) • Administer the Regional Transportation Mitigation Fee Program (RTMF) • Administer the Regional Surface Transportation Program (LTF) • Accounting/payroll (LTF)
• Coordination of community transit services and funding with Consolidated Transportation Service Agencies (LTF)
Continuing Work:
• Develop and oversee Overall Work Program and annual budgets (LTF) • Oversee fiscal and performance audits, as required (LTF) • Provide assistance to claimants in completing claims and resolving audit findings and/or recommendations (LTF)
• Preparation of State Controller's Annual Report (LTF) • Annual "Unmet Transit Needs" public hearing (LTF)
• Preparation of monthly financial reports (LTF)
• Review and process claims for TDA funds (LTF)
• Reports to Caltrans regarding FTA grants and RPA funds (LTF) • Update transportation/transit claim guidelines and forms (LTF) • Administer the Regional Transportation Mitigation Fee Program (RTMF) • Administer the Regional Surface Transportation Program (LTF) • Accounting/payroll (LTF)
• Coordination of community transit services and funding with Consolidated Transportation Service Agencies (LTF)
Products:
• Closeout FY 2021/22 OWP (Sept 21)
• Manage FY 2022/23 Overall Work Program (July 21-June 22) • Draft FY 2022/23 Overall Work Program (Mar 22)
• Final FY 2022/23 Overall Work Program (May 22)
• Completed Fiscal and Compliance Audit (May 22)
• Completed Triennial Performance Audit (May 22)
• State Controller's Annual Report (Dec 22)
NCTC Draft 2022/23 Overall Work Program March 16, 2022 4 • Accounting Reports/Payroll/Payment Authorizations/Tax Reports (Ongoing) • Financial reports (Monthly)
• Findings of Apportionment (Feb 23)
Budget 1.2
Revenues:
LTF $340,906.51
Total $340,906.51
Expenditures:
Staff $246,662.59
Indirect $42,743.92
Fiscal Audits $51,500.00
Total $340,906.51
NCTC Draft 2022/23 Overall Work Program March 16, 2022 5 WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING
NCTC has the responsibility to prepare and adopt a Regional Transportation Plan (RTP) directed to the achievement of a coordinated and balanced regional transportation system. The plan is to be action-oriented and pragmatic, considering both the short and long term future, and is to present clear, concise policy guidance to local and state officials. Projects 2.1 (Regional Transportation Plan), 2.2 (Transportation Improvement Programs), 2.3 (Transit and Paratransit Programs), and
2.4 (Coordination of Regional Planning), are tied to the NCTC Mission by the following activities:
NCTC develops a Regional Transportation Plan (RTP) which includes the actions, funding recommendations, and policy direction necessary to meet the needs of each transportation system component in the region.
NCTC develops and adopts a Regional Transportation Improvement Program that is consistent with the RTP.
NCTC reviews transportation plans and programs of member agencies and endorses them based on consistency with the RTP and RTIP. In keeping with this responsibility, the NCTC strives to be creative in assisting the region in developing the revenues to construct improvement projects.
NCTC communicates and participates in workshops with Caltrans on proposed projects to be developed in the County of Nevada to ensure that the policies and goals of the RTP are implemented.
NCTC coordinates with regional transportation planning agencies on legislation and statewide policy issues to ensure the region receives appropriate attention and funding from the State of California and the Federal government. NCTC participates in interregional planning projects to ensure Nevada County projects support both regional and statewide transportation goals.
The following activities and products included in Work Element 2 are appropriate uses of Rural Planning Assistance Funds:
Participate in Federal and State Clean Air Act transportation related air quality planning activities. (Projects 2.1 and 2.2)
Develop and/or modify tools that allow for better assessment of transportation impacts on community livability (e.g. integration of GIS and census data into the regional traffic model and development of performance measurement tools and strategies). (Projects 2.1 and 2.4) Identify and document transportation facilities, projects, and services required to meet the regional and interregional mobility and access needs. (Projects 2.1, 2.2, and 2.3) Define solutions and implementation issues in terms of the multimodal transportation system, land use and economic impacts, financial constraints, air quality and environmental concerns (including wetlands, endangered species and cultural resources). (Projects 2.1 and 2.2) Assess the operational and physical continuity of transportation system components within and between metropolitan and rural areas, and interconnections to and through regions. (Projects
2.1, 2.3, and 2.4)
Conduct transit needs public hearings and prepare transit development plans and transit marketing plans as appropriate. (Project 2.3)
NCTC Draft 2022/23 Overall Work Program March 16, 2022 6 WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING (continued) Investigate methods to reduce vehicle travel and methods to expand and enhance travel services. (Projects 2.3 and 2.4)
Incorporate transit and intermodal facilities, bicycle transportation facilities, and pedestrian walkways in projects where appropriate. (Projects 2.1, 2.2 and 2.3) Participate with regional, local and state agencies, the general public, and the private sector in planning efforts to identify and implement policies, strategies, programs and actions that maximize and implement the regional transportation infrastructure. (Projects 2.1, 2.2, 2.3, and
2.4)
Conduct collaborative public participation efforts to further extend transportation planning to communities previously not engaged in discussion. (Project 2.1 and 2.3) Create, strengthen, and use partnerships to facilitate and conduct regional planning activities between Caltrans, RTPAs, Metropolitan Planning Organizations (MPOs), transit districts, cities, counties, the private sector, and other stakeholders. (All WE 2 Projects) Use partners to identify and implement policies, strategies, programs and actions that enhance the movement of people, goods, services, and information. (Projects 2.1 and 2.3) Ensure that projects developed at the regional level are compatible with statewide and interregional transportation needs. (Projects 2.2 and 2.4) Conduct planning and project activities (including corridor studies, and other transportation planning studies) to identify, develop, and monitor current and future STIP projects. (Projects
2.1 and 2.2)
Implement ways to meet transportation needs by using existing transportation facilities more efficiently. Encourage owners and operators of transportation facilities/systems to work together to develop operational objectives and plans maximizing utilization of existing facilities. (Projects 2.1, 2.3 and 2.4)
Document environmental and cultural resources and develop and improve coordination between agencies using Geographic Information Systems (GIS), Intelligent Transportation Management Systems (ITMS), and other computer-based tools. (Projects 2.1 and 2.4) Work Element 2, Regional Transportation Planning, incorporates the ten Federal Planning Factors into the NCTC planning program (see page I-5).
Monitoring safety and operational data of transportation facilities and services in Projects 2.1 and
2.3 will aid NCTC efforts to incorporate “safety” and “security” within the planning process.
Through expanded Technical Advisory Committee meetings, transportation planning will be coordinated with emergency preparedness plans in the region. Systems management and operational data will be used to identify opportunities to increase transit ridership and develop operational improvements for regional transportation facilities. Management and operations data will also be key components in guiding capital investment plans for regional transportation system facilities and services. Planning activities will include coordination with nonemergency human service transportation providers. NCTC will also provide information to regional transit operators to ensure appropriate safety, security, and operational training opportunities are provided.
NCTC Draft 2022/23 Overall Work Program March 16, 2022 7 WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING (continued) Project 2.1 - Regional Transportation Plan (RTP)
Purpose: Regional planning and implementation monitoring of the Regional Transportation Plan through the activities listed below.
• Update travel demand models and circulation plans.
• Coordinate the RTP with Caltrans planning documents.
• Coordinate the RTP with county, town, and city general plans. • Complete planning studies on projects in the RTP in order to be programmed in the RTIP. • Plan and coordinate local, regional, state, and federal funding for RTP projects (e.g. RTMF, STIP, RSTP, SHOPP, CMAQ, and federal grants).
Previous Work:
• Update travel demand model to address new Vehicle Miles Traveled (VMT) requirements. (Consultant)
• Development of regional transportation models. (Consultant) • Development of the Regional Transportation Mitigation Fee program. (Consultant) • Assist member agencies with review and update of transportation capital improvement programs (CIPs) and master plans.
• Incorporate local agency transportation CIPs and master plans into the RTP and RTIP as appropriate.
• Update traffic model land use files.
• Participate in updates of Nevada County, Truckee, Grass Valley, Nevada City General Plans. • Conduct and update planning studies as needed for regional projects identified by NCTC, TAC, and member agencies.
• Analyze alternative growth scenarios and report on related infrastructure needs and costs. • Identify Right-of-Way needed for future transportation projects. • Conduct technical studies necessary to support policies and projects included in the RTP. • Work with Nevada County's GIS staff to ensure the following airport information is included in the GIS data base: airport locations, airport boundaries, noise contours, airport influence area, and ground access routes to airports.
Continuing Work:
• Monitor implementation of Comprehensive Multimodal Corridor Plan (CMCP) recommendations. (RPA & LTF)
• Solicit input from citizens and transportation stakeholders, including the Native American community, and agencies regarding transportation issues. (RPA & LTF) • Update capital improvement needs lists. (RPA & LTF)
• Work with Northern Sierra Air Quality Management District (NSAQMD) to determine air quality impacts of regional transportation plans and improvement programs. (RPA & LTF) • Participate with NSAQMD, Caltrans, and other agencies in planning related to Federal 8-hour ozone standards. (RPA & LTF)
• Develop information to evaluate goods movement impacts on the region's transportation system and consider air quality issues related to goods movement. (RPA & LTF) • Update Highway Performance Monitoring System (HPMS) data. (RPA & LTF) • Coordinate with public safety agencies. (RPA & LTF)
NCTC Draft 2022/23 Overall Work Program March 16, 2022 8 WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING (continued) Project 2.1 - Regional Transportation Plan (RTP) (continued) Additional Work Activities:
• Monitor existing traffic conditions and safety data. (RPA & LTF) • Coordinate with Caltrans to develop and implement performance measures in the regional planning process. (RPA & LTF)
• Coordinate with Northern Sierra Air Quality Management District (NSAQMD) and California Air Resources Board (CARB) to assist in development of the Statewide Implementation Plan (SIP) for western Nevada County. (RPA & LTF)
• Review and compare the California State Transportation Agency Draft Climate Action Plan for Transportation Infrastructure (CAPTI) to the RTP policies, regional needs, and projects to determine if the projects align with proposed investment strategies. (RPA & LTF) • When developing regional transportation projects and updating planning documents, NCTC will consider and incorporate transit services, intermodal facilities, and pedestrian bicycle facilities whenever appropriate. (RPA & LTF)
• Planning activities related to CMAQ program including preparation and releasing of call for projects, review and ranking applications, project selection, and programming. (RPA & LTF) • Coordinate review of safety and design concerns of state highway projects. (RPA & LTF) • Identify and analyze issues relating to integration of regional transportation and community goals and objectives in land use, housing, economic development, social welfare and environmental preservation. (RPA & LTF)
Products:
• Reports on air quality issues (Annual)
• Reports on traffic conditions and safety data (Annual) • Reports on new issues and projects to be included in the RTP (Annual) • Progress reports on project planning activities (Bimonthly) Budget 2.1
Revenues:
LTF $81,213.26
RPA Formula $20,712.63
STIP Planning PPM $23,124.44
Total $125,050.33
Expenditures:
Staff $43,837.07
Indirect $16,213.26
Traffic Engineering $25,000.00
Nevada County $7,500.00
Truckee $7,500.00
Nevada City $7,500.00
Grass Valley $7,500.00
Traffic Counts $10,000.00
Total $125,050.33
NCTC Draft 2022/23 Overall Work Program March 16, 2022 9 WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING (continued) Project 2.1.1 - Nevada County Regional Transportation Plan Update Purpose: Update the Nevada County Regional Transportation Plan (RTP) in compliance with California Government Code Section 65041.1. Every Regional Transportation Planning Agency (RTPA) is required by law to prepare a long-range transportation plan to ensure that the region’s vision and goals are clearly identified. The long-range plan, known as the RTP, is an important policy document that is based on the unique needs and characteristics of a region, helps shape the region’s transportation system, economy, and environment, and communicates the regional transportation vision to the state and federal government. As fundamental building blocks of the State’s transportation system, the RTP also supports state goals for transportation, environmental quality, economic growth, and social equity.
Previous Work:
• 2015 Performance Based Regional Transportation Plan.
• Incorporate into the RTP, policies, strategies, programs, and actions that enhance movement of people, goods, services, and information.
Additional/Continuing Work Activities:
• Integrate system safety and security elements into the RTP. (RPA) • Review and analyze data from the SR 49 Highway Safety Assessment report to be incorporated into the next update of the Regional Transportation Plan. (RPA) • Prepare and distribute a Request for Proposals to qualified consultants. • Review proposals, select consultant, and execute contract. • Project Advisory Committee activities. (RPA & STIP)
• Project meetings and coordination. (RPA & STIP)
• Project support and administration of grant. (RPA & STIP) • Prepare quarterly reports and invoices. (RPA & STIP)
• Project initiation and baseline information/data collection. (RPA & STIP) • Consultant to update content, graphics, and EIR for update of RTP. (Consultant, PPM) • Review and confirm RTP goals and objectives. (RPA & STIP) • Analysis of previous performance measures. (RPA & STIP) • Identify trends and targets for each performance measure. (RPA & STIP) • Develop system performance report. (RPA & STIP)
• Prepare forecast of future conditions and needs. (RPA & STIP) • Identify policies, strategies, and investments that will support attainment of performance targets and desired trends. (RPA & STIP)
• Prepare financial plan regarding implementation of adopted strategies in RTP. (RPA & STIP) • Prepare media releases and hold public workshops. (RPA & STIP) • Prepare Draft RTP and environmental documentation. (RPA & STIP) • Prepare Final RTP and environmental documentation. (RPA & STIP) Products:
• Scope of Work for RTP update (Nov 2021)
• Request for Proposals for RTP update (Dec 2021)
• Consultant agreement for RTP update (March 2022)
• RTP administrative draft and draft EIR (Nov 2022)
• Draft 2021 Nevada County Regional Transportation Plan (Dec 2022) • Final 2021 Nevada County Regional Transportation Plan & Addendum EIR (Feb 2023) NCTC Draft 2022/23 Overall Work Program March 16, 2022 10 WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING (continued) Project 2.1.1 – Nevada County Regional Transportation Plan (RTP) Update (continued) Budget 2.1.1
Revenues:
RPA Formula $49,724.89
STIP PPM $75,000.00
Total $124,724.89
Expenditures:
Staff $49,724.89
Consultant $75,000.00
Total $124,724.89
NCTC Draft 2022/23 Overall Work Program March 16, 2022 11 WORK ELEMENT 2 – REGIONAL TRANSPORTATION PLANNING (continued) Project 2.2 – Transportation Improvement Programs
Purpose: To monitor implementation of the Regional Transportation Improvement Program (RTIP) and provide policy analysis and recommendations regarding the RTIP and the State Transportation Improvement Program (STIP) through the activities listed below.
Previous Work:
• Communicate and coordinate with Caltrans to identify and implement incremental projects to accelerate the safety improvements to the SR 49 corridor between Grass Valley and the Combie/Wolf Road intersection. (RPA & LTF)
• Submission of the 2020 Regional Transportation Improvement Program projects to the CTC • Monitor planning, design, and construction of improvement projects on SR 49 widening between the Wolf/Combie Road intersection and Grass Valley, to ensure consistency with the adopted Transportation Improvement Program. (RPA & LTF)
Continuing Work:
• Monitor STIP implementation. (RPA & LTF)
• Encourage interagency coordination necessary to identify and develop new RTIP projects. (RPA & LTF)
• Communicate and coordinate with Caltrans to identify and implement incremental projects to accelerate the safety improvements to the SR 49 corridor between Grass Valley and the Combie/Wolf Road intersection. (RPA & LTF)
• Participate with Caltrans in developing the SR 49 Comprehensive Multimodal Corridor Plan (CMCP). (RPA & LTF)
• Coordinate with Caltrans regarding Interregional Transportation Improvement Program (ITIP) participation in STIP funded projects in Nevada County. (RPA & LTF) • Preparation and submittal of 2022 Regional Transportation Improvement Program. (RPA & LTF) Products:
• Status reports on Nevada County’s STIP projects (Bimonthly) • Reports regarding implementation of the Nevada County RTIP (Ongoing) • Reports on implementation of the Caltrans SR 49 Comprehensive Multimodal Corridor Plan (Annual)
Budget 2.2
Revenues:
RPA Formula $29,130.76
LTF $9,238.98
Total $38,369.73
Expenditures:
Staff $29,130.76
Indirect $9,238.98
Total $38,369.73
Totals may not equal addition of amounts in columns due to rounding.
NCTC Draft 2022/23 Overall Work Program March 16, 2022 12 WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING
Project 2.2.1 - Regional Transportation Mitigation Fee (RTMF) Program Update Purpose: The RTMF program was originally adopted in 2001 and last updated in 2016. Since that time, economic and demographic factors have changed significantly. This work effort follows an update of the NCTC Regional Traffic Model and will utilize revised economic and demographic factors to update the RTMF program. Future development within western Nevada County will result in traffic volumes exceeding the capacity of the regional system of roads, streets, and highways as it presently exists. The regional system needs to be improved to accommodate anticipated future growth. The RTMF program will provide additional funds from new development to make improvements to the regional system, complementing other funding sources.
The RTMF program is influenced by a variety of market factors that can result in either a shortfall or surplus in the revenue projections. Therefore, the program is scheduled to be reviewed at a minimum of five-year intervals to ensure the integrity of the program.
Previous Work:
• Adoption of updated RTMF program in 2016.
Continuing Work:
• Annual RTMF program reports. (RTMF)
• Prepare and distribute RFP. (RTMF)
• Consultant selection and contract execution. (RTMF)
• Project administration. (RTMF)
• Review demographic and traffic model assumptions. (Consultant/NCTC, RTMF) • Review and confirm RTMF network. (Consultant/NCTC, RTMF) • Review and confirm future deficiencies and needs. (Consultant/NCTC, RTMF) • Update Capital Improvement Program. (Consultant, RTMF) • Integrate RTMF projects into the RTP and coordinate their implementation. (Consultant/
NCTC, RTMF)
Additional Work Activities:
• Project Advisory Committee activities. (RTMF)
• Update Project Cost Estimates. (RTMF)
• Review and update Fee Schedule and Nexus Study. (RTMF) • Review and update Administrative Manual. (RTMF)
• Review Draft Report. (RTMF)
• Prepare Draft and Final Reports. (Consultant, RTMF)
• Present Final Report to NCTC and local jurisdictions. (Consultant/NCTC, RTMF) Products:
• Request for Proposals. (Feb 2021)
• Consultant contract. (Mar 2021)
• Working paper on demographic and model assumptions. (Consultant/NCTC) (Sep 2021) • Working paper on RTMF network, future needs, deficiencies. (Consultant/NCTC) (Oct 2021) • Revised Capital Improvement Program. (Consultant/NCTC) (Nov 2021) • Updated cost estimates. (Consultant/NCTC) (Nov 2021)
• Draft Report. (Consultant/NCTC) (Jul 2022)
• Updated Administrative Manual. (Consultant/NCTC) (Aug 2022) • Final Report with updated fees, project schedule, Nexus Study. (Consultant/NCTC) (Nov 2022) NCTC Draft 2022/23 Overall Work Program March 16, 2022 13 WORK ELEMENT 2 – REGIONAL TRANSPORTATION PLANNING
Project 2.2.1 – Regional Transportation Mitigation Fee (RTMF) Program Update (continued) Budget 2.2.1
Revenues: FY 22/23
RTMF $104,183.66
Total $104,183.66
Expenditures:
Staff $24,184.66
Consultant $79,999.00
Total $104,183.66
NCTC Draft 2022/23 Overall Work Program March 16, 2022 14 WORK ELEMENT 2 – REGIONAL TRANSPORTATION PLANNING (continued) Project 2.3 – Transit and Paratransit Programs
Purpose: Work with city, county, and town staff to improve efficiency, productivity, and cost effectiveness of existing transit and paratransit systems through the activities listed below. Administer Federal Transit Administration revenues (5311, Cares Act, and CRRSAA).
Previous Work:
• 2021 Western Nevada County Transit Development Plan (Consultant) • 2021 Nevada County Coordinated Public Transit-Human Services Transportation Plan. (Consultant)
• Monitor ridership, expenditures, and revenue for each system. (LTF & RPA) • Hold coordination meetings with transit and paratransit providers. (LTF & RPA) • Check operational performance indicators for each system. (LTF & RPA) • Develop and present information regarding alternative forms of transportation that are practical for Nevada County. (LTF & RPA)
• Coordinate with human service transportation providers. (LTF & RPA) • Distribute press releases and other educational information regarding alternative forms of transportation. (LTF & RPA)
• Participate on the Accessible Transportation Coalition Initiative-Mobility Action Partners Coalition. (LTF & RPA)
• Administer Federal Transit Administration revenues (5311, Cares Act, and CRRSAA).
Additional Work Activities:
• Assist in implementation of Transit Development Plans and Nevada County Coordinated Public Transit-Human Services Transportation Plan. (LTF & RPA) • Monitor ridership, expenditures, and revenue for each system. (LTF & RPA) • Hold coordination meetings with transit and paratransit providers. (LTF & RPA) • Check operational performance indicators for each system. (LTF & RPA) • Develop and present information regarding alternative forms of transportation that are practical for Nevada County. (LTF & RPA)
• Coordinate with human service transportation providers. (LTF & RPA) • Distribute press releases and other educational information regarding alternative forms of transportation. (LTF & RPA)
• Participate on the Accessible Transportation Coalition Initiative-Mobility Action Partners Coalition. (LTF & RPA)
• Assist transit operators with analysis of impacts due to COVID-19. (LTF & RPA) • Assist transit operators with feasibility analysis of transit electrification mandate. (LTF & RPA)
• Administer Federal Transit Administration revenues (5311, Cares Act, and CRRSAA).
Products:
• Reports to the Commission regarding staff participation in the transit and paratransit planning processes (Bimonthly)
• Quarterly ridership, expenditure, and revenue reports for each system • Quarterly operational performance reports for each system • Bi-monthly minutes of the Accessible Transportation Coalition Initiative-Mobility Action Partners Coalition
NCTC Draft 2022/23 Overall Work Program March 16, 2022 15 WORK ELEMENT 2 – REGIONAL TRANSPORTATION PLANNING (continued) Project 2.3 – Transit and Paratransit Programs (continued) Budget 2.3
Revenues:
RPA Formula $45,008.38
LTF $14,929.36
Total $59,937.74
Expenditures:
Staff $45,008.38
Indirect $14,929.36
Total $59,937.74
NCTC Draft 2022/23 Overall Work Program March 16, 2022 16 WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING (continued) Project 2.3.3 - Eastern Nevada County Transit Development Plan Update Purpose: To update the Five-Year Transit Development Plan (TDP) for eastern Nevada County.
This project will guide the growth of services over the next five years and will be accomplished through the following activities:
Previous Work:
• Eastern Nevada County TDP Update, 2017.
• Triennial Performance Audits.
• Nevada County Coordinated Public Transit-Human Services Transportation Plan, 2020.
Additional Work Activities:
• Prepare and distribute a Request for Proposal to qualified consultants. (NCTC, Grant/RPA) • Review proposal, select consultant, and execute a contract. (NCTC, Grant/RPA) • Finalize the work program and refine the scope of work. (NCTC/Consultant, Grant/RPA) • Project initiation and data collection. (NCTC/Consultant, Grant/RPA) • Assess transit needs. (NCTC/Consultant, Grant/RPA)
• Assess current transit services. (NCTC/Consultant, Grant/RPA) • Analyze transit demand. (NCTC/Consultant, Grant/RPA)
• Analyze and incorporate information from the Town of Truckee micro-transit feasibility study. (NCTC/ Consultant, Grant/RPA)
• Develop transit service alternatives (including consideration of services provided through a regional cooperative process). (NCTC/Consultant, Grant/RPA) • Develop capital, financial, management, marketing alternatives. (NCTC/Consltnt, Grant/RPA) • Preparation and presentation of draft TDP. (NCTC/Consultant, Grant/RPA) • Modify draft TDP and prepare final plan. (NCTC/Consultant, Grant/RPA) • Project meetings and coordination. (NCTC/Consultant, Grant/RPA) • Project Advisory Committee (PAC) activities. (NCTC/Consultant, Grant/RPA) • Public outreach activities. (NCTC/Consultant, Grant/RPA) • Project support and administration of grant. (NCTC/Consultant, Grant/RPA) Products:
• Scope of Work. (Mar 22)
• Request for Proposals. (Apr 22)
• Consultant contract. (Jul 22)
• Technical Memoranda. (Nov-Dec 22)
• Draft Report. (Mar 23)
• Final Report. (May 23)
Budget 2.3.3
Revenues:
RPA Formula $41,144.59
Contingency $75,000.00
Total $116,144.59
Expenditures:
Staff $ 41,144.59
Consulting $75,000.00
Total $116,144.59
NCTC Draft 2022/23 Overall Work Program March 16, 2022 17 WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING (continued) Project 2.4 - Coordination of Regional Planning
Purpose: Enhance NCTC's regional planning efforts through the following activities:
• Coordinate local land use planning with regional transportation planning. • Analyze regional transportation impacts of proposed development projects. • Improve Transportation Systems Management (TSM) and Transportation Demand Management (TDM) efforts in the region.
• Provide for Commission participation in studies done by other agencies. • Promote cooperation between regional planning agencies. • Promote regional transportation services (e.g. connections to Capitol Corridor rail service).
Previous Work:
• Review of local development projects and environmental documents. • Traffic model analyses of development projects, and modifications to regional and local transportation facilities proposed by public agencies.
• Study to extend Capitol Corridor train service to Truckee/Tahoe area. • Participate in the SR 49 Corridor Study with Placer County Transportation Planning Agency (PCTPA) and Caltrans.
• Participate in the Tahoe Gateway Intelligent Transportation Study. • Coordinate with Placer County, PCTPA, Nevada County, and Caltrans as a Technical Advisory Committee for the SR 49 Corridor Study.
• Coordinate with Caltrans, SACOG, El Dorado Transportation Commission, Sierra County Transportation Commission, and Placer County Transportation Planning Agency to update and maintain the Tahoe Gateway ITS Regional Architecture.
• Participate with Caltrans and RTPAs to pursue rail projects that will improve goods movement and enhance passenger rail service.
• Work with the Northern Sierra Air Quality Management District (NSAQMD) to develop and implement transportation control measures consistent with the region's air quality nonattainment plan and regional transportation plan. • In conjunction with PCTPA and Caltrans, actively pursue, develop, and implement funding for SR 49 corridor improvements.
• Participate as a member of the Tahoe Gateway Architecture Maintenance Team. • Coordinate with member agencies to reestablish and enhance Transportation Demand Management (TDM) programs in Nevada County.
• Assist with modeling and traffic analyses as requested by jurisdictions and approved by NCTC. • Analyze transportation impacts of development proposals. • Analyze proposed modifications to city and county land use plans. • Participate in the North State Super Region “North State Transportation for Economic Development Study.”
• Review updates of the Circulation and Land Use Elements of General Plans for Nevada County, cities of Grass Valley and Nevada City, and the Town of Truckee to ensure consistency with the adopted Airport Land Use Compatibility Plans (ALUCPs) for the Nevada County and Truckee Tahoe airports.
• Participate in inter-regional planning projects (e.g. North State Super Region (NSSR), I-80 Corridor Management Plan, and Trans-Sierra Transportation Coalition). (RPA & LTF) NCTC Draft 2022/23 Overall Work Program March 16, 2022 18 WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING (continued) Project 2.4 - Coordination of Regional Planning (continued) Continuing Work:
• Participate in Regional Transportation Planning Agency group meetings and California Rural Counties Task Force meetings. (RPA & LTF)
• Participate in Federal and State Clean Air Act transportation related air quality planning activities. (RPA & LTF)
• Participate in the Truckee/North Tahoe Transportation Management Association (TNT/TMA) and Resort Triangle Transportation Planning Coalition (RTTPC) meetings. (RPA & LTF) • Review and comment on Caltrans Systems Plans and related documents. (RPA & LTF) • Coordination with the Nevada County Economic Resource Council. (RPA & LTF) • Monitor legislation that impacts transportation planning. (LTF) • Monitor planning efforts of Grass Valley, Nevada City, Nevada County, and Truckee. (RPA & LTF)
• Present information to local civic groups regarding regional transportation planning. (RPA & LTF)
• Participate in local ad hoc committees. (RPA & LTF)
• Maintain formal consultation with Native American Tribal Governments. (RPA & LTF) • Monitor implementation of the Nevada County Active Transportation Plan. (RPA & LTF) • Participate in the “Zero Traffic Fatalities Task Force”. (RPA & LTF) • Participate in Critical Freight Corridors Working Group. (RPA & LTF) • Participate in SR 49 Stakeholders Committee. (RPA & LTF) • Distribute press releases. (RPA & LTF)
• California Local Streets and Roads Needs Assessment Oversight Committee Participation (RPA & LTF)
• Coordinate with partner agencies to implement the MAPI-21/FAST Act performance-based approach in the scope of the transportation planning process. (RPA & LTF) • Participate in the California Federal Programming Group (CFPG). (RPA & LTF) • Participate in the Transportation Cooperative Committee. (RPA & LTF) • Participate on the Truckee Transit Center Study Project Advisory Committee. (RPA & LTF) • Coordinate with local jurisdictions in the identification of pedestrian and bicycle projects that meet the requirements for Active Transportation Program grant funding and plan to resubmit grant applications. (RPA & LTF)
• Coordinate with partners to identify policies, strategies, programs and actions that enhance the movement of people, goods, services and information on the regional, interregional, and state highway systems. (RPA & LTF)
• Participate in Interregional Transportation Strategic Plan (ITSP) Workshops. (RPA & LTF) • Participate in Federal Rescission working group. (RPA & LTF) • Participate with North Tahoe SSTAC and Placer County SSTAC in coordination of unmet needs hearings.
• Participate in the preparation of the SR 49 Comprehensive Multimodal Corridor Plan (CMCP). (RPA & LTF)
• Participate on the Project Advisory Committee for the SR 49 Safety Assessment. (RPA & LTF) • Participate with CalSTA in development and implementation of the Climate Action Plan for Transportation Infrastructure (CAPTI). (RPA & LTF)
NCTC Draft 2022/23 Overall Work Program March 16, 2022 19 WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING (continued) Project 2.4 - Coordination of Regional Planning (continued) Products:
• Reports regarding participation in regional coordination activities (e.g. Zero Traffic Fatalities Task Force, Critical Freight Corridors Working Group, ITSP Workshops, and Critical Freight Corridors Working Group). (Bimonthly)
• Reports on coordination with the Nevada County Economic Resource Council. (Bimonthly) • Reports on SR 49 Corridor improvements. (Bimonthly)
• Reports to the Commission regarding North State Super Region meetings and activities. (Bimonthly)
• Reports regarding RTPA and RCTF meetings. (Bimonthly) • Reports regarding TNT/TMA and RTTPC activities. (Bimonthly) Budget 2.4
Revenues:
RPA Formula $72,298.33
LTF $25,757.18
LTF Carryover $140.80
Total $98,196.31
Expenditures:
Staff $72,298.33
Indirect $23,897.98
Rural Counties Task Force $2,000.00
Total $98,196.31
NCTC Draft 2022/23 Overall Work Program March 16, 2022 20 WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING (continued) Project 2.4.2 – Airport Land Use Commission Planning and Reviews Purpose: Enhance NCTC's regional planning efforts through the following activities:
• Coordinate local land use planning with airport land use compatibility plans. • Promote cooperation between land use planning agencies and airport land use commissions. • Conduct reviews of projects near Nevada County and Truckee Tahoe Airport for consistency with adopted ALUCPs.
• Provide staff support to Nevada County and Truckee Tahoe Airport Land Use Commissions. • Participate in statewide ALUC meetings.
Previous Work:
• Review airport land use compatibility issues.
• Conduct reviews of projects near Nevada County and Truckee Tahoe Airport for consistency with adopted ALUCPs. (ALUC Fees, LTF)
Continuing Work:
• Review airport land use compatibility issues.
• Conduct reviews of projects near Nevada County and Truckee Tahoe Airport for consistency with adopted ALUCPs. (ALUC Fees, LTF)
Products:
• Reports on airport land use compatibility issues. (Ongoing) Budget 2.4.2
Revenues:
LTF $19,406.51
ALUC Fees $15,000.00
Total $34,406.51
Expenditures:
Staff $19,406.51
ALUC Reviews $15,000.00
Total $34,406.51
NCTC Draft 2022/23 Overall Work Program March 16, 2022 21 WORK ELEMENT 2 – REGIONAL TRANSPORTATION PLANNING (continued) Project 2.4.4 – Rural Counties Task Force Rural Induced Demand Study Purpose: On behalf of the Rural Counties Task Force, the Nevada County Transportation Commission is managing a study to be conducted by qualified transportation consulting firms in partnership with legal firms with expertise in the California Environmental Quality Act (CEQA) to review the previous research on induced demand, as well as current available data, related guidance documents, and causal factors, to determine the significance and applicability of induced demand on rural highway improvements. In addition, the study will provide recommendations on how to appropriately address induced demand on rural highway improvements, including recommendations for addressing these rural highway improvements in relation to CEQA and recommendations for incorporating the study findings into future updates of state guidance documents.
Work Activities:
• Prepare and distribute a Request for Qualifications to qualified consultants (NCTC,
RPA/PPM/LTF)
• Establish Project Selection Committee and Project Advisory Committee (NCTC,
RPA/PPM/LTF)
• Review and rank proposals, conduct oral interviews, and finalize consultant ranking (NCTC,
RPA/PPM/LTF)
• Select consultant and execute contract (NCTC, RPA/PPM/LTF) • Finalize the work program and refine scope of work (NCTC/Consultant, RPA/PPM/LTF) • Project meetings and coordination (NCTC/Consultant, RPA/PPM/LTF) • Project Advisory Committee activities (NCTC/Consultant, RPA/PPM/LTF) • Project support and administration of grant (NCTC/Consultant, RPA/PPM/LTF) • Prepare quarterly reports and invoices (NCTC, RPA/PPM/LTF) • Project initiation and data collection (NCTC/Consultant, RPA/PPM/LTF) • Review previous research on induced demand and document findings related to rural highway improvements (NCTC/Consultant, RPA/PPM/LTF)
• Review state guidance documents in relation to induced demand for transportation projects (NCTC/Consultant, RPA/PPM/LTF)
• Review and collect available data on induced demand related to rural highway improvements (NCTC/Consultant, RPA/PPM/LTF)
• Review and document the causal factors related to the induced demand, including a review of their presence on rural highway projects (NCTC/Consultant, RPA/PPM/LTF) • Determine the significance and applicability of induced demand for roadway improvement projects in various rural corridors (NCTC/Consultant, RPA/PPM/LTF) • Provide recommendations on how to appropriately address induced demand on rural highway improvements, including recommendations for addressing these rural highway improvements in relation to CEQA and recommendations for incorporating the study findings into future updates of state guidance documents (NCTC/Consultant, RPA/PPM/LTF) • Develop recommended methodologies and thresholds for each jurisdiction (NCTC/Consultant, RPA/PPM/LTF)
• Prepare Working Papers (NCTC/Consultant, RPA/PPM/LTF) • Prepare Administrative Draft (NCTC/Consultant, RPA/PPM/LTF) • Prepare Draft Report (NCTC/Consultant, RPA/PPM/LTF)
• Present Draft Report to the Rural Counties Task Force (NCTC/Consultant, RPA/PPM/LTF) • Prepare Final Report (NCTC/Consultant, RPA/PPM/LTF)
NCTC Draft 2022/23 Overall Work Program March 16, 2022 22 WORK ELEMENT 2 – REGIONAL TRANSPORTATION PLANNING (continued) Project 2.4.4 – Rural Counties Task Force Rural Induced Demand Study (continued) Products:
• Draft Report (Jan 23)
• Revised Draft Report (April 23)
• Final Report (Jun 23)
Budget 2.4.4
Revenues:
RPA Grants $125,000.00
RPA Formula $35,980.43
LTF $10,222.95
Total $171,203.38
Expenditures:
Staff $46,203.38
Consulting $125,000.00
Total $171,203.38
NCTC Draft 2022/23 Overall Work Program March 16, 2022 23 WORK ELEMENT 3 - CALTRANS ACTIVITIES WITH NCTC FOR FY 2020/21
ACTIVITY DESCRIPTION PRODUCTS
System Planning Completion of system planning
products used by Caltrans and its
transportation partners
Caltrans District 3 System
Planning documents consistent
with the Caltrans District 3
System Planning Five-Year Work
Plan.
Advance Planning Completion of pre-programming
studies (e.g., Project Initiation
Documents) so as to be ready to
program resources for capital
projects
Project Initiation Documents
(PID), as indicated in the TwoYear PID Work Plan.
Regional Planning Participate in and assist with
various regional planning projects
and studies
Participation in the following
projects and studies:
Town of Truckee-Sustainable
Community Grant & Adaptation Grant
NCTC-2 RPA Grants
SR 49 CSMP Update
Assisting with SR 49 INFRA Grant
Application
Oversite of Planning Studies/
Conceptual Projects pertaining to the
State Highway System
Local Development Review
Program
Review of local development
proposals potentially impacting
the State Highway System
Assistance to lead agencies to
ensure the identification and
mitigation of local development
impacts to the State Highway
System that is consistent with the
State’s smart mobility goals.
NCTC Draft 2022/23 Overall Work Program March 16, 2022 24 Glossary of Terms and Acronyms
Active Transportation Plan: Identifies a network of pedestrian and bicycle facilities and projects to support pedestrian and bicycle safety for people of all ages and abilities. Specifically, the Active Transportation Plan aims to:
• Identify barriers and innovative solutions to encourage walking and bicycling as viable travel modes • Effectively build on recently completed and current active transportation planning efforts • Develop walking/bicycling networks supportive of existing and future land uses and projects • Develop a clearly-defined implementation strategy with specific, creative, yet practical and financially feasible projects matched to specific funding opportunities Active Transportation Program (ATP): Created in 2013 by the passage of SB 99 and AB 101, the Active Transportation Program consolidates existing federal and state transportation programs into a single program with a focus to make California a national leader in active transportation. The purpose of the Active Transportation Program is to encourage increased use of active modes of transportation by achieving the following goals:
• Increase the proportion of trips accomplished by biking and walking, • Increase safety and mobility for non-motorized users, • Advance the active transportation efforts of regional agencies to achieve Greenhouse Gas (GHG) reduction goals, pursuant to SB 375 (of 2008) and SB 341 (of 2009), • Enhance public health and ensure that disadvantaged communities fully share in the benefits of the program, and
• Provide a broad spectrum of projects to benefit many types of active transportation users.
Airport Land Use Commission (ALUC): The fundamental purpose of ALUCs is to promote land use compatibility around airports. As expressed in state statutes, this purpose is “… to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses.” The statutes give ALUCs two principal powers by which to accomplish this objective:
1. ALUCs must prepare and adopt an airport land use plan; and
2. ALUCs must review the plans, regulations, and other actions of local agencies and airport operators for consistency with that plan.
Airport Land Use Compatibility Plan (ALUCP): A document referred to by ALUCs and individuals seeking to review standards for land use planning in the vicinity of an airport. The ALUCP defines compatible land uses for noise, safety, airspace protection, and overflight within the Airport Influence Area (AIA).
Allocation: A distribution of funds by formula or agreement. With regard to Transportation Development Act funds, allocation is the discretionary action by the RTPA which designates funds for a specific claimant for a specific purpose.
Apportionment: Distribution of funds by a formula. Apportionment under the Transportation Development Act is the determination by the RTPA of each area’s share of anticipated LTF for the ensuing fiscal year.
California Environmental Quality Act (CEQA): A statute that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those impacts, if feasible.
Capital Improvement Program (CIP) or Capital Improvement Plan: A short-range plan, which identifies capital projects and equipment purchases, provides a planning schedule and identifies options for financing the plan.
Congestion Mitigation and Air Quality (CMAQ): A federal funding program that is available in western Nevada County for transportation projects that demonstrate emission reductions to help attain federal air quality standards. Western Nevada County was classified in 2004 as “non-attainment” for 8-hour ozone standards.
Project categories eligible for CMAQ funding include:
NCTC Draft 2022/23 Overall Work Program March 16, 2022 25 • Alternative fuels and vehicles
• Congestion reduction and traffic flow improvements
• Transit improvements
• Bicycle and pedestrian facilities
• Public education and outreach
• Diesel engine retrofits
• Car pooling and van pooling
Projects are submitted by local jurisdictions for consideration and are ranked based on air quality benefits and project readiness. NCTC then reviews the ranking and chooses projects to be funded.
Corridor System Management Plan (CSMP): Foundational documents supporting a partnership-based, integrated management of all travel modes (cars, trucks, transit, bicycles, and pedestrians) and infrastructure (highways, roads, rail tracks, information systems and bike routes) so that mobility along a corridor is provided in the most efficient and effective manner possible.
Federal Highway Administration (FHWA): An agency within the U.S. Department of Transportation that supports state and local governments in the design, construction, and maintenance of the Nation's highway system (Federal Aid Highway Program) and various federally and tribal owned lands (Federal Lands).
Federal Transit Administration (FTA): A federal agency that provides financial and technical assistance to local public transit systems, including buses, subways, light rail, commuter rail, trolleys and ferries.
Findings of Apportionment: Prior to March 1 of each year, Nevada County Transportation Commission (NCTC), pursuant to the California Code of Regulations Section 6644, transmits “Findings of Apportionment” for all prospective claimants. The apportionments are determined from the Nevada County Auditor-Controller's estimate of Local Transportation Funding (LTF) for the ensuing fiscal year, less those funds allocated for Transportation Development Act (TDA) administration, transportation planning and programming, pedestrian/ bicycle projects, and community transit services. The remaining funds are then apportioned according to the population of each applicant's jurisdiction in relation to the total population of the County.
Fixing America’s Surface Transportation (FAST) Act: A federal law enacted in 2015 to provide long-term funding for surface transportation infrastructure planning and investment. The FAST Act authorizes $305 billion over fiscal years 2016 through 2020 for highway, highway and motor vehicle safety, public transportation, motor carrier safety, hazardous materials safety, rail, and research, technology, and statistics programs.
FTA Section 5310: This program set forth in United States Code (U.S.C.) Title 49 Section 5310 provides formula funding to states for the purpose of assisting private nonprofit groups in meeting the transportation needs of older adults and people with disabilities when the transportation service provided is unavailable, insufficient, or inappropriate to meeting these needs.
FTA Section 5311: This program set forth in United States Code (U.S.C.) Title 49 Section 5311 provides grants for Rural Areas providing capital, planning, and operating assistance to states to support public transportation in rural areas with populations of less than 50,000 where many residents often rely on public transit to reach their destinations.
Interregional Transportation Improvement Program (ITIP): The ITIP is a five-year program of projects funded through the State Transportation Improvement Program (STIP) that obtains funding primarily through the per-gallon State tax on gasoline. The ITIP is prepared by the California Department of Transportation (Caltrans) and is submitted to the California Transportation Commission (CTC) for approval.
Level of Service (LOS): A qualitative measure used to relate the quality of traffic service. LOS is used to analyze highways by categorizing traffic flow and assigning quality levels of traffic based on performance measures like speed, density, etc. North American highway LOS standards use letters A through F, with A being the best and F being the worst, similar to academic grading.
Local Transportation Fund (LTF): The LTF is derived from a 1/4-cent general sales tax collected statewide.
The State Board of Equalization, based on the sales tax collected in each county, returns the sales tax revenues NCTC Draft 2022/23 Overall Work Program March 16, 2022 26 to each county’s LTF. The LTF was created in 1971when legislation was passed to provide funding to counties for transit and non-transit related purposes.
Memorandum of Understanding (MOU): An agreement between two (or more) parties. It expresses a convergence of will between the parties, indicating an intended common line of action. Many government agencies use MOUs to define a relationship between agencies.
Metropolitan Planning Organization (MPO): MPOs are the regional planning entities in urbanized areas, usually an area with a population of 50,000 or more. There are 18 MPOs in California, accounting for approximately 98% of the state’s population.
Nevada County Airport Land Use Commission (NCALUC): The Nevada County Transportation Commission was designated by the Nevada County Board of Supervisors and the city selection committee as the ALUC for the Nevada County Airport in May 2010. The NCTC Executive Director serves as the NCALUC Executive Director with support from the NCTC staff.
Nevada County Airport Land Use Compatibility Plan (NCALUCP): The basic function of this plan is to promote compatibility between the airport and surrounding land uses. The plan serves as a tool for use by the NCALUC in fulfilling its duty to review airport and adjacent land use development proposals. Additionally, the plan sets compatibility criteria applicable to local agencies and their preparation or amendment of land use plans and ordinances and to land owners in their design of new developments.
North State Super Region (NSSR): Regional transportation planning agencies from 16 counties in Northern California came together on October 20, 2010 to sign a memorandum of agreement. This agreement created an alliance between the agencies to work together and support each other on issues related to transportation and to have a unified voice representing the North State.
Northern Sierra Air Quality Management District (NSAQMD): The Northern Sierra Air Quality Management District was formed in 1986 by the merging of the Air Pollution Control Districts of Nevada, Plumas and Sierra Counties. The District is required by state law to achieve and maintain the federal and state Ambient Air Quality Standards, which are air quality standards set at levels that will protect the public health.
The District is composed of three primary entities, each with a specific purpose: District staff, Governing Board of Directors, and Hearing Board.
Overall Work Program (OWP): NCTC annually adopts a budget through the preparation of an Overall Work Program. This work program describes the planning projects and activities or work elements that are to be funded, and the type of funds that will pay for the expenditures.
Planning, Programming, and Monitoring (PPM): PPM is funding allocated by the California Transportation Commission (CTC) through the State Transportation Improvement Program (STIP). Designated uses of PPM include:
• Regional transportation planning – includes development and preparation of the regional transportation plan;
• Project planning – includes the development of project study reports or major investment studies conducted by regional agencies or by local agencies, in cooperation with regional agencies; • Program development – includes the preparation of regional transportation improvement programs (RTIPs) and studies supporting them; and
• Monitoring the implementation of STIP projects – includes project delivery, timely use of funds, and compliance with state law and CTC guidelines.
Plans, Specifications, and Estimates (PS&E): In this stage of project development, the scope of the selected alternative is refined; design surveys and photogrammetric mapping is obtained; and reports including traffic data, hydrology and hydraulics, geotechnical design, pavement design, and materials and sound wall design reports are completed. Final right-of-way requirements are determined and procurement is initiated. At the completion of the PS&E stage, a complete set of project plans have been developed that will allow a competent contractor to bid and build the project. These plans include a refined estimate of the construction costs and any required specifications on how the work is to proceed.
Project Approval and Environmental Documentation (PA/ED): The PA/ED step of project development reinforces the philosophy of balancing transportation needs with community goals and values. Outputs of the NCTC Draft 2022/23 Overall Work Program March 16, 2022 27 PA / ED step are the project report and environmental document. The project report is an engineering document that evaluates the various alternatives for selection of a preferred alternative. The environmental document is a disclosure document that assesses the potential impacts of the project on the environment.
Project Initiation Document (PID): a report that documents the purpose, need, scope, cost, and schedule for a transportation project. The PID identifies and describes the viable alternatives to a transportation problem.
Project Study Report (PSR): A report of preliminary engineering efforts, including a detailed alternatives analysis, cost, schedule, and scope information for a transportation project. A PSR also includes estimated schedule and costs for environmental mitigation and permit compliance.
Public Transportation Modernization Improvement & Service Enhancement Account (PTMISEA):
PTMISEA was created by Proposition 1B, the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006. Of the $19.925 billion available to Transportation, $3.6 billion dollars was allocated to PTMISEA to be available to transit operators over a ten-year period. PTMISEA funds may be used for transit rehabilitation, safety or modernization improvements, capital service enhancements or expansions, new capital projects, bus rapid transit improvements, or rolling stock (buses and rail cars) procurement, rehabilitation or replacement. Funds in this account are appropriated annually by the Legislature to the State Controller’s Office (SCO) for allocation in accordance with Public Utilities Code formula distributions: 50% allocated to Local Operators based on fare-box revenue and 50% to Regional Entities based on population.
Regional Improvement Program (RIP): The RIP is one of two funding programs in the State Transportation Improvement Program (STIP). The RIP receives 75% of the STIP funds and the second program, the Interregional Improvement Program receives 25% of STIP funds. RIP funds are allocated every two years by the California Transportation Commission (CTC) to projects submitted by Regional Transportation Planning Agencies (RTPAs) in their Regional Transportation Improvement Programs (RTIPs).
Regional Surface Transportation Program (RSTP): The RSTP was established by the State of California to utilize federal Surface Transportation Program funds for a wide variety of transportation projects. The State exchanges these federal funds for less restrictive state funds to maximize the ability of local agencies to use the funds for transportation purposes including planning, construction of improvements, maintenance and operation of public streets, and pedestrian and bicycle projects.
Regional Transportation Improvement Program (RTIP): NCTC submits regional transportation projects to the California Transportation Commission (CTC) for funding in a list called the RTIP. The RTIP is a five-year program that is updated every two years. Projects in the RTIP are funded from the Regional Improvement Program (RIP).
Regional Transportation Mitigation Fee (RTMF): The Western Nevada County Regional Transportation Mitigation Fee Program was established in 2001 through a partnership of Nevada County, City of Nevada City, City of Grass Valley, and the Nevada County Transportation Commission (NCTC). The RTMF Program was developed to collect impact fees from new development to help fund transportation improvement projects needed to accommodate growth in the region of western Nevada County.
Regional Transportation Plan (RTP): The Regional Transportation Plan has been developed to document transportation policy, actions, and funding recommendations that will meet the short- and long-term access and mobility needs of Nevada County residents over the next 20 years. This document is designed to guide the systematic development of a comprehensive multi-modal transportation system for Nevada County.
Regional Transportation Planning Agency (RTPA): County or multi-county entities charged by state law in meeting certain transportation planning requirements. As the RTPA for Nevada County, NCTC coordinates transportation planning for Grass Valley, Nevada City, Nevada County, and the Town of Truckee.
Request for Proposal (RFP): A document that solicits proposals, often made through a bidding process, by an agency or company interested in procurement of a commodity, service, or valuable asset, to potential suppliers to submit business proposals.
Rural Counties Task Force (RCTF): There are 26 rural county Regional Transportation Planning Agencies (RTPAs) or Local Transportation Commissions represented on the Rural Counties Task Force (RCTF). The RCTF is an informal organization with no budget or staff that generally meets every other month. A member of NCTC Draft 2022/23 Overall Work Program March 16, 2022 28 the CTC usually acts as liaison to the RCTF, and CTC and Caltrans staff typically attend these meetings to explain and discuss changing statewide transportation issues that may be of concern to the rural counties.
Rural Planning Assistance (RPA): Annually the 26 rural RTPAs receive state transportation planning funding, known as RPA, on a reimbursement basis, after costs are incurred and paid for using local funds.
Social Services Transportation Advisory Council (SSTAC): Consists of representatives of potential transit users including the general public, seniors and/or disabled; social service providers for seniors, disabled, and persons of limited means; local consolidated transportation service agencies; and Truckee residents who represent the senior and Hispanic communities. The SSTAC meets at least once annually and has the following responsibilities:
• To maintain and improve transportation services to the residents of Nevada County, particularly the elderly and disabled.
• Review and recommend action to the NCTC relative to the identification of unmet transit needs and advise the Commission on transit issues, including coordination and consolidation of specialized transportation services.
• Provide a forum for members to share information and concerns about existing elderly and handicapped transportation resources.
State Highway Operations and Protection Program (SHOPP): The SHOPP is a four-year listing of projects prepared by Caltrans.
State Transit Assistance (STA): These funds are provided by the State for the development and support of public transportation needs. They are allocated by the State Controller’s Office to each county based on population and transit performance.
State Transportation Improvement Program (STIP): The STIP is a multi-year capital improvement program of transportation projects on and off the State Highway System, funded with revenues from the Transportation Investment Fund and other funding sources. STIP programming generally occurs every two years. The STIP has two funding programs, the Regional Improvement Program and the Interregional Improvement Program.
Technical Advisory Committee (TAC): The Technical Advisory Committee (TAC) is made up of representatives of local public works and planning departments, Caltrans District 3, public airport operators, the air pollution control district, public transit operators, and the NCTC consultant engineer on retainer. Members are assigned by staff of local jurisdictions and other participating organizations. Any decisions made or actions proposed by the TAC shall be subject to the review and approval of the NCTC.
TAC responsibilities include:
• Provide technical input, assistance, and recommendations to the Commission to ensure there is comprehensive coordination and cooperation in the transportation planning process for Nevada County. • Review and comment on comprehensive regional transportation plans for the area, which include the Regional Transportation Plan (RTP), the Regional Transportation Improvement Program (RTIP), and the Overall Work Program (OWP).
• Coordinate efforts and discussions to create and maintain circulation elements of the General Plan and specific plans of the member governments.
Transit Development Plan (TDP): Transit Development Plans study the County’s transit services. They help identify transit service needs, prioritize improvements and determine the resources required for implementing modified or new service. The plans also provide a foundation for requests for State and federal funding, Transit Services Commission (TSC): This commission oversees and advises as necessary the daily operations of the western Nevada County transit system. The TSC has the following responsibilities:
• Establish fares;
• Adopt the level of transit and paratransit services, including route structure and service areas; • Monitor public response;
• Approve proposed purchase of additional vehicles;
NCTC Draft 2022/23 Overall Work Program March 16, 2022 29 • Review and approve the annual budget for transit and paratransit operations.
Transportation Development Act (TDA): The Transportation Development Act was enacted in 1971 and provides two major sources of funding for public transportation: the Local Transportation Fund (LTF) and the State Transit Assistance fund (STA). The TDA funds a wide variety of transportation programs, including planning and programming activities, pedestrian and bicycle facilities, community transit services, and public transportation projects. One of NCTC’s major responsibilities is the administration of TDA funding in Nevada County.
Travel Demand Model (also Traffic Model): A computer model used to estimate travel behavior and travel demand for a specific future time frame, based on a number of assumptions. In general, travel analysis is performed to assist decision makers in making informed transportation planning decisions. The strength of modern travel demand forecasting is the ability to ask critical “what if” questions about proposed plans and policies.
Truckee North Tahoe Transportation Management Association (TNT/TMA): The Truckee North Tahoe Transportation Management Association is dedicated to fostering public-private partnerships and resources for the advocacy and promotion of innovative solutions to the unique transportation challenges of the Truckee-North Lake Tahoe Resort Triangle. The TNT/TMA is a planning stakeholder and partner with NCTC.
Truckee Tahoe Airport Land Use Commission (TTALUC): The Truckee Tahoe Airport is an "intercounty" airport situated in both Nevada County and Placer County; therefore, a special ALUC with representatives from both counties was formed. Six members are selected, one each, by Placer and Nevada Counties' Board of Supervisors, City Selection Committees, and Airport Managers of each county. A seventh member is chosen by the other six members to represent the general public. NCTC authorized its staff on May 19, 2010 to provide staff support to the TTALUC.
Truckee Tahoe Airport Land Use Compatibility Plan (TTALUCP): A document referred to by the TTALUC and individuals seeking to review standards for land use planning in the vicinity of the Truckee Tahoe Airport.
The plan defines compatible land uses for noise, safety, airspace protection, and overflight. The TTALUC performs consistency determinations for proposed projects in the area covered by the Compatibility Plan as needed.
Vehicle Miles Traveled (VMT): VMT is a metric of the total miles traveled by vehicles in a defined area over a defined period of time and is often used to estimate the environmental impacts of driving, such as Greenhouse Gases and air pollutant emissions. Factors that influence VMT include travel mode, number of trips, and distance traveled. California jurisdictions are transitioning from a Level of Service (LOS) metric to a Vehicle Miles Traveled (VMT) metric within the California Environmental Quality Act’s (CEQA) transportation analysis.
Table 1
Draft Amendment 1
FY 2022/23 FY 2021/22
LTF Administration 732,600.00 660,000.00 72,600.00
LTF Planning 149,827.00 135,277.00 14,550.00
LTF Contingency 75,000.00 0.00
Rural Planning Assistance (RPA) Formula 294,000.00 294,000.00 0.00 Rural Planning Assistance (RPA) Formula Carryover 0.00 30,275.63 -30,275.63 Rural Planning Assistance (RPA) Grants 125,000.00 0.00 125,000.00 Rural Planning Assistance (RPA) G rants Carryover 0.00 100,000.00 -100,000.00 Regional Transportation Mitigation Fees (RTMF) 109,183.66 111,264.78 -2,081.11 STIP Planning Funds (PPM) 98,124.44 75,000.00 23,124.44 ALUC Fees 15,000.00 15,000.00 0.00
Regional Surface Transportation Program (RSTP) 0.00 0.00 0.00 LTF Carryover 140.80 23,201.30 -23,060.50
TOTAL 1,598,875.90 1,444,018.71 79,857.20
Draft Amendment 1
FY 2022/23 FY 2021/22
Salary 621,687.04 538,053.04 83,634.00
Benefits 218,394.98 192,168.23 26,226.76
Direct (Table 2) 493,499.00 428,164.00 65,335.00
Indirect (Table 3) 145,577.00 132,945.00 12,632.00
Contingency 119,717.88 152,688.44 -32,970.56
TOTAL 1,598,875.90 1,444,018.71 154,857.20
Estimated Estimated Difference
Fund Balance FY 2022/23 FY 2021/22
$119,577.08 $119,717.88 ($140.80)
FY 2022/23 FY 2021/22
LTF = Local Transportation Fund
PPM = Planning, Programming & Monitoring
ALUC = Airport Land Use Commission
Revenues
Expenditures Difference
Difference
Budget Summary FY 2022/23
NCTC Budget FY2022/23Draft Page B-1 March 2022
1.1 Human Resources Consulting $5,000.00 $5,000.00 $0.00 LTF
1.2 Fiscal Auditor $51,500.00 $50,000.00 $1,500.00 LTF
1.2 Triennial Performance Audits $0.00 $43,220.00 ($43,220.00) LTF
2.1 Traffic Counts $10,000.00 $10,000.00 $0.00 LTF, RPA
2.1 Transportation Engineering $25,000.00 $25,000.00 $0.00 LTF, RPA
2.1 Local Agencies Participation in Regional Planning $30,000.00 $30,000.00 $0.00 RPA
2.1.1 Regional Transportation Plan Update $75,000.00 $75,000.00 $0.00 PPM
2.2.1 RTMF Update $79,999.00 $79,999.00 $0.00 RTMF
2.3.3 Eastern Nevada County Transit Development Plan $75,000.00 $0.00 $75,000.00 Grant/RPA
2.4 Coordination of Regional Planning $2,000.00 $2,000.00 $0.00 RPA, LTF
2.4.2 Airport Land Use Commission Planning & Reviews $15,000.00 $15,000.00 $0.00 ALUC, LTF
2.4.3 READY Nevada County $0.00 $104,602.15 ($104,602.15) RPA
2.4.4 RCTF Rural Induced Demand Study $125,000.00 $125,000.00 $0.00 RPA TOTAL $493,499.00 $564,821.15 ($71,322.15)
Work Element
Table 2
Difference Source FY 21/22
AMENDMENT 1 FY 22/23 DRFT
Direct Costs Budget FY 2022/23
NCTC Budget FY2022/23Draft Page B-2 March 2022
FY 22/23 FY 21/22
drft Amendment 1
13.2 Nevada County Auditor/Controller $21,800 $21,800 $0 0.00%
13.1 Legal Counsel $15,000 $15,000 $0 0.00%
13.3 TNT/TMA Membership $4,125 $4,125 $0 0.00%
13.21 Website Update/Maintenance $11,500 $11,500 $0 0.00%
13.17 Nevada County ERC Membership $1,000 $1,000 $0 0.00% Insurance $21,750 $21,250 $500 2.35%
1.1 General Liability & Errors and Omissions $18,250 $18,250 $0 0.00%
1.3 Workers' Compensation $3,500 $3,000 $500 16.67%
Office Expenses $28,802 $28,499 $303 1.06%
2.1 Phones $1,500 $1,500 $0 0.00%
2.2 Equipment Rental $500 $500 $0 0.00%
2.3 Records Storage $1,250 $1,200 $50 4.17%
2.4 Equipment Maintenance Agreements $1,000 $1,000 $0 0.00%
2.5 Publications/Legal Notices $2,500 $2,500 $0 0.00%
2.6 Janitoral Services $900 $900 $0 0.00%
2.7 Payroll Service $1,800 $1,800 $0 0.00%
2.8 Supplies $2,500 $2,500 $0 0.00%
2.9 Printing & Reproduction $250 $250 $0 0.00%
2.10 Subscriptions $300 $300 $0 0.00%
2.11 Computer Software & Network Maintenance $12,652 $11,579 $1,073 9.27%
2.12 Postage $150 $150 $0 0.00%
2.13 Telework Reimbursement $3,500 $4,320 ($820) -18.98% 3 Equipment $4,800 $4,800 $0 0.00%
Copier/Printer $800 $800 $0 0.00%
Office Furniture $500 $500 $0 0.00%
Laptop /Computer $3,000 $3,000 $0 0.00%
Miscellaneous $500 $500 $0 0.00%
5 Training and Conferences $1,000 $1,000 $0 0.00%
6 Office Lease $28,000 $26,000 $2,000 7.69%
7 Utilities $3,000 $3,000 $0 0.00%
8 Travel - Meals & Lodging $750 $750 $0 0.00%
9 Travel - Mileage/Fares/Parking $1,250 $1,250 $0 0.00% 10 Professional & Service Organizations $2,800 $2,800 $0 0.00% TOTAL $145,577 $142,774 $2,803 1.96%
Table 3
Indirect Costs Budget FY 2022/23
ACCT ITEM Variance Variance %
NCTC Budget FY2022/23Draft Page B-3 March 2022
1.1 General Services 0.00 261,034.37 5,000.00 266,034.37
1.2 TDA Admin. 340,906.51 340,906.51
2.1 Regional Transportation Plan 0.00 20,712.63 81,213.26 23,124.44 125,050.33
2.1.1 Regional Transportation Plan Update 49,724.89 75,000.00 124,724.89
2.2 Transportation Improvement Program 29,130.76 9,238.98 38,369.73
2.2.1 RTMF Update 104,183.66 104,183.66
2.3 Transit & Paratransit Programs 45,008.38 14,929.36 59,937.74
2.3.3 Eastern Nevada County Transit Development Plan 41,144.59 75,000.00 116,144.59
2.4 Coordination of Regional Planning 140.80 72,298.33 25,757.18 98,196.31
2.4.2 Airport Land Use Commission Planning & Reviews 19,406.51 15,000.00 34,406.51
2.4.4 RCTF Rural Induced Demand Study 125,000.00 35,980.43 10,222.95 171,203.38 Contingency 0.00 119,717.88 119,717.88
Totals 140.80 125,000.00 0.00 294,000.00 0.00 882,427.00 15,000.00 109,183.66 98,124.44 75,000.00 1,598,875.91 Totals may not equal addition of amounts in columns due to rounding.
RPA Grants RPA Grant Carryover LTF
Carryover RPA Formula RPA Formula Carryover
Table 4
Work Element TOTAL
Revenues - FY 2022/23 OWP
22/23 LTF ALUC Fees RTMF STIP Planning
PPM Contingency
NCTC Budget FY2022/23Draft Page B-4 March 2022
Expenditures - FY 2022/23
PY Staff Indirect Transportatio
n Engineering Consulting Total
1.1 General Services 1.55 222,480.87 38,553.49 5,000.00 266,034.37
1.2 TDA Admin. 1.60 246,662.59 42,743.92 51,500.00 (1) 340,906.51
2.1 Regional Transportation Plan 0.25 43,837.07 16,213.26 25,000.00 40,000.00 (2) 125,050.33
2.1.1 Regional Transportation Plan Update 0.29 49,724.89 75,000.00 124,724.89
2.2 Transportation Improvement Program 0.15 29,130.76 9,238.98 38,369.73
2.2.1 RTMF Update 0.15 24,184.66 79,999.00 104,183.66
2.3 Transit & Paratransit Programs 0.24 45,008.38 14,929.36 59,937.74
2.3.3 Eastern Nevada County Transit Development Plan 0.24 41,144.59 75,000.00 116,144.59
2.4 Coordination of Regional Planning 0.39 72,298.33 23,897.98 2,000.00 (3) 98,196.31
2.4.2 Airport Land Use Commission Planning & Reviews 0.12 19,406.51 15,000.00 34,406.51
2.4.4 RCTF Rural Induced Demand Study 0.26 46,203.38 125,000.00 171,203.38 Contingency 119,717.88 119,717.88
TOTAL 5.25 840,082.02 145,577.00 25,000.00 374,999.00 40,000.00 173,217.88 1,598,875.90 Notes:
(2) $10,000 Traffic Counts, Local Agency (WE 2.1): Nev. Co. $7,500; Truckee $7,500; Nevada City $7,500; Grass Valley $7,500. (3) $2,000 Rural Counties Task Force
Indirect Costs are paid with local funds, no RPA or STIP planning funds are used.
Table 5
Work Elements Local Agency Other
(1) $51,500 Fiscal Audit Contract
Totals may not equal addition of amounts in columns due to rounding.
NCTC Budget FY2022/23Draft Page B-5 March 2022
Table 6 Budget Detail FY 2022/23 Draft 3/16/22
ACCT ITEM ALLOCATION
1 Insurance 21,750.00
1.1 General Liability & Errors and Omissions 18,250.00
1.3 Workers' Compensation 3,500.00
2 Office Expenses 28,802.00
2.1 Phones 1,500.00
2.2 Equipment Rental 500.00
2.3 Records Storage 1,250.00
2.4 Equipment Maintenance Agreements 1,000.00
2.5 Publications/Legal Notices 2,500.00
2.6 Janitorial Services - carpets, blinds, interior painting, etc. 900.00
2.7 Payroll Service 1,800.00
2.8 Supplies 2,500.00
2.9 Printing & Reproduction 250.00
2.10 Subscriptions 300.00
2.11 Computer Software & Network Maintenance 12,652.00
2.12 Postage 150.00
2.13 Telework Reimbursement 3,500.00
3 Equipment 4,800.00
5 Training and Conferences 1,000.00
6 Office Lease 28,000.00
7 Utilities 3,000.00
8 Travel - Meals & Lodging 750.00
9 Travel - Mileage/ Fares/ Parking 1,250.00
10 Professional & Service Organizations 2,800.00
Subtotal Items 1-10 92,152.00
11 Contingency 119,717.88
12 Salaries, Wages, & Benefits 840,082.02
12.1 Executive Director 222,186.84
12.11 Deputy Executive Director 194,052.58
12.2 Administrative Services Officer 146,248.23
12.3 Transportation Planner 140,860.32
12.4 Administrative Assistant 99,838.91
12.8 Temporary Employee 36,895.14
13 Other Services 546,924.00
13.1 Legal Counsel 15,000.00
13.2 Nevada County Auditor/Controller 21,800.00
13.3 TNT/TMA Membership 4,125.00
13.4 Fiscal Audits (WE 1.2) 51,500.00
13.6 Triennial Performance Audits (WE 1.2) 0.00
13.7 Traffic Counts (WE 2.1) 10,000.00
13.8 Transportation Engineering (WE 2.1) 25,000.00
13.11a Local Agencies (WE 2.1) 30,000.00
13.13 Reg. Transp. Mitigation Fee Update (WE 2.2.1) 79,999.00
13.16a Rural Counties Task Force Membership (WE 2.4) 2,000.00
13.17 Nevada County ERC Membership 1,000.00
13.19 Eastern Nev. Co. Transit Development Plan (WE 2.3.3) 75,000.00
13.21 Website Update/Maintenance 11,500.00
13.23 Regional Transportation Plan Update (WE 2.1.1) 75,000.00
13.30 Airport Land Use Commission Project Reviews (WE 2.4.2) 15,000.00
13.48 Human Resources Consulting (WE 1.1) 5,000.00
13.57 RCTF Rural Induced Demand Study (WE 2.4.4) 125,000.00 TOTAL Budget Items 1-13 1,598,875.90
Indirect Costs
Accounts 1 through 10 92,152.00
Legal 15,000.00
Nevada Co. Auditor/Controller 21,800.00
TNT/TMA 4,125.00
Nevada Co. ERC Membership 1,000.00
Website Update/Maintenance 11,500.00
Total Indirect Costs 145,577.00
Calculated Indirect Rate Indirect Cost / Salaries & Benefits 17.33% NCTC Budget FY2022/23Draft Page B-6 March 2022
101 Providence Mine Road, Suite 102, Nevada City, California 95959 (530) 265-3202 Fax (530) 265-3260 E-mail: [email protected] Web Site: www.nctc.ca.gov
File:1030.0
MEMORANDUM
TO: Duane Strawser, Mayor, City of Nevada City
FROM: Mike Woodman, Executive Director
SUBJECT: Proposed Projects for Nevada County Transportation Commission’s FY 2022/23 Overall Work Program
DATE: March 1, 2022
RECOMMENDATION: In accordance with the Memorandum of Understanding regarding regional transportation planning (attached), Nevada County Transportation Commission (NCTC) is requesting the Nevada City City Council review and approve the projects proposed for inclusion in the NCTC’s FY 2022/23 Overall Work Program (OWP).
BACKGROUND: Annually each Regional Transportation Planning Agency (RTPA) develops an OWP for formal adoption by its governing board. The OWP outlines the scope of work and budget for various transportation planning activities. The OWP is a requirement of NCTC’s Master Fund Transfer Agreement with the State of California and includes the following three components: Introduction, Work Elements (W.E.), and Budget. The purpose of this draft OWP for the FY 2022/23 is:
1. To show how the Federal Planning Factors will be integrated into the OWP Work Elements.
2. To outline continuing and new activities.
3. To present a summary of the expected revenues and expenditures for the fiscal year.
A final OWP will be presented for approval at the May 18, 2022 NCTC meeting.
FEDERAL PLANNING FACTORS FOR FY 2022/23
As shown in the chart on page I-5 in the Draft OWP, the Federal Planning Factors that are included in Fixing America’s Surface Transportation Act (Section 134(h), FAST Act, 2015) have been integrated into NCTC’s FY 2022/23 OWP:
1. Support the economic vitality of the region, especially by enabling global competitiveness, productivity, and efficiency.
2. Increase the safety of the transportation system for motorized and non-motorized users.
3. Increase the security of the transportation system for motorized and non-motorized users.
4. Increase the accessibility and mobility of people and for freight.
MIKE WOODMAN, Executive Director
JAN ARBUCKLE – Grass Valley City Council, Vice Chair
ANDREW BURTON – Member-At-Large
JAN ZABRISKIE – Town of Truckee
VACANT – Member-At-Large
SUSAN HOEK – Nevada County Board of Supervisors
ED SCOFIELD – Nevada County Board of Supervisors, Chair DUANE STRAWSER – Nevada City City Council
Grass Valley • Nevada City Nevada County • Truckee
Proposed Projects for NCTC FY 2022/23 Overall Work Program
5. Protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns.
6. Enhance the integration and connectivity of the transportation system, across and between modes, for people and freight.
7. Promote efficient system management and operation.
8. Emphasize the preservation of the existing transportation system.
9. Improve the resiliency and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation.
10. Enhance travel and tourism.
OWP WORK ELEMENTS
NCTC's OWP integrates the Commission's organizational activities of Planning, Communication, and Coordination into two broad Work Elements: Communication and Coordination, and Regional Planning.
Each Work Element is further subdivided into projects that accomplish specific tasks or objectives.
The following ongoing activities have been integrated into the Draft FY 2022/23 OWP:
1. STIP Projects:
A. SR 49 Corridor Improvement Project from La Barr Meadows Road to McKnight Way:
NCTC will continue to participate with Caltrans District 3 in the preparation of the Project Approval and Environmental Documentation for a future construction project (WE 2.2).
2. Planning/Administration Projects:
A. Congestion Mitigation and Air Quality (CMAQ) Funding: Monitor project activities as shown on the multi-year project listing (WE 2.1).
B. Air Quality Conformity Process: Monitor changes in EPA requirements (WE 2.1).
C. Regional Transportation Plan Update: The RFP was posted in February 2022. NCTC expects to have an executed consultant agreement by the March 16, 2022 meeting. (WE 2.1.1) D. Regional Transportation Mitigation Fee (RTMF) Program Update: Consultant is currently conducting traffic counts. The Final Report is scheduled to be presented at the January 18, 2023 meeting. (WE 2.2.1)
E. Eastern Nevada County Transit Development Plan Update: An RFP will be posted in April 2022. NCTC expects to have a consultant agreement executed by the July 20, 2022 meeting. (WE 2.3.3)
F. Rural Counties Task Force Rural Induced Demand Study: An RFP will be posted in March/April. NCTC expects to have a consultant agreement executed by the July 20, 2022 meeting. (WE 2.4.4)
Proposed Projects for NCTC FY 2022/23 Overall Work Program
The following Work Elements are included in the Overall Work Program each year as they are activities that NCTC must conduct to fulfill its statutory responsibilities:
WORK ELEMENT 1 - ADMINISTRATION
Project 1.1 - General Services and Communication
Project 1.2 – Fiscal Administration
WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING
Project 2.1 - Regional Transportation Plan
Project 2.2 - Transportation Improvement Programs
Project 2.3 - Transit and Paratransit Programs
If you have any questions, please feel free to call me at (530) 265-3202. attachments
cc: Brian McAllister, Joan Phillipe, Gabrielle Christakes
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: March 23, 2022 Agenda Item No. 04
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: Sean Grayson, City Manager
Date: March 18, 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: March 23, 2022 Agenda Item No. 05
Subject: Second Reading of Ordinance 2022-02: An Ordinance of the City Council of the City of Nevada City, State of California, Amending Chapters 8, 10 and 38 of Title 8 of the City of Nevada City Municipal Code, Relating to Fire Control; Vegetation Management, Debris Removal and Abatement;
Open Burning; and Fireworks.
From: Mark Buttron, Fire Chief
Sam Goodspeed, Division Chief
Date: March 18, 2022
Reviewed & Approved:
Sean Grayson, City Manager
Recommended Action:
Hold second reading and adopt Ordinance 2022-02
ISSUE STATEMENT AND DISCUSSION:
At the March 9, 2022 meeting City Council introduced Ordinance 2022-02 for a first reading, for the update of the Municipal Code with regard to Fire Control; Vegetation Management, Debris Removal and Abatement; Open Burning; and Fireworks.
Nevada City is in an area designated by the California Department of Forestry and Fire Protection (CalFire) as a Very High Fire Hazard Severity Zone (VHFHSZ). One of the ways the City seeks to reduce the risk of wildfire in the community is through the adoption and enforcement of ordinances that seek to reduce the presence of dead or flammable vegetation as a fuel load. The proposed amended ordinance is brought to
In 2020, the Nevada City entered into a 10-year Fire Protection Services Agreement with Grass Valley.
Under the Agreement, Grass Valley agreed to provide fire protection and emergency services to Nevada City. Nevada City retains responsibility for fire inspections under the Agreement. The cities share the services of the Division Chief, the Grass Valley Fire Chief supervises and directs the Division Chief, and the Division Chief is responsible for fire inspection and code enforcement services in Nevada City.Major purposes of the Agreement include maximizing use of existing resources and containing costs. The agreement contemplates the alignment of fire protection laws between the two cities to provide similar standards of enforcement.
The proposed ordinance would, in part, replace Nevada City’s fire protection regulations with corresponding language from the Grass Valley Municipal Code. The sections amended are Chapters 8, 10 and 38 of Title 8 (fire control regulations; vegetation management, debris removal and abatement; open burning and fireworks).
Adoption of the ordinance revisions requested in this action is one essential step toward addressing the threat of wildfire in Nevada City. The changes will go into effect just shortly prior to May 1, 2022 which is the established first date of required compliance.
On March 11, 2020 the City Council approved the creation of a Fire Safety Advisory Committee. It is anticipated that the committee will submit a comprehensive report and recommendations in the coming months. Among these recommendations will be additions to this ordinance that will enhance enforcement and compliance and/or provide alterations to address unique or specific Nevada City conditions. The committee’s report and recommendations will be brought for future consideration of the City Council.
Staff has reviewed the proposed ordinance under the California Environmental Quality Act and implementing regulations, known as the Guidelines. Staff recommends that the Council determine that the proposed ordinance is not a project subject to environmental review pursuant to Section 15378(b)(5) of the California Code of Regulations. The proposed ordinance would essentially reorganize existing law and is therefore an organizational activity that will not result in direct or indirect physical changes in the environment.
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:
Ordinance 2022-02
ORDINANCE NO. 2022-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY, STATE OF CALIFORNIA, AMENDING CHAPTERS 8, 10 AND 38 OF TITLE 8 OF THE CITY OF NEVADA CITY MUNICIPAL CODE, RELATING TO FIRE CONTROL; VEGETATION MANAGEMENT, DEBRIS REMOVAL AND ABATEMENT; OPEN BURNING; AND
FIREWORKS
WHEREAS, the City of Nevada City has entered into a Fire Protection Services Agreement with the City of Grass Valley; and
WHEREAS, under the Fire Protection Services Agreement Grass Valley provides fire administration, firefighter and rescue services, and EMS and emergency management services to Nevada City; and
WHEREAS, under the Fire Protection Services Agreement, Nevada City is solely responsible for fire inspections in Nevada City, as well as fire department responsibilities under the Nevada City Municipal Code and the California Fire Code as amended from time to time; and WHEREAS, in order to coordinate provision of the specified services by Grass Valley, it is prudent to amend additional pertinent Nevada City Municipal Code provisions so that they mirror those of the Grass Valley Municipal Code; and
WHEREAS, the City of Nevada City, California, pursuant to the provisions of the California Environmental Quality Act (“CEQA”) (Cal. Pub. Res. Code §§21000 and following) and State CEQA Guidelines (14 CCR §§15000 and following) has determined that this ordinance is not a project under CEQA pursuant to Section 15378 (b)(5) of the California Code of Regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEVADA CITY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and incorporated into this ordinance.
SECTION 2. Chapter 10 of Title 8 of the Nevada City Municipal Code is hereby redesignated “Chapter 8.10 - FIRE CONTROL REGULATIONS” and amended to read as follows:
Chapter 8.10 – FIRE CONTROL REGULATIONS
Article I. – Fire Prevention Bureau
8.10.110 - Establishment and duties of bureau of fire prevention.
The California Fire Code shall be enforced by the bureau of fire prevention of the fire department of the City of Nevada City which is established in Chapter 2.24 of this Code and which shall be operated under the supervision of the chief of the fire department or an authorized representative.
8.10.120 - Appeals.
When the chief of the fire department or an authorized representative disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief to the city council of the city or a board of appeals appointed thereby within thirty days from the date of the decision appealed.
Article II. - Miscellaneous Fire Control Regulations
8.10.200 - Vegetation management and yard debris removal.
It shall be the duty of the division chief of the fire department of the City of Nevada City or an authorized representative and/or the director of the community development department or an authorized representative to enforce the requirements of the "vegetation management and yard debris removal" section(s).
8.10.210 - Definitions.
1. Improved property: Any property with a building or structure.
2. Unimproved property: Any property without a building or structure.
3. Building or structure: Any structure used for support or shelter of any use or occupancy.
4. APN: Assessor's parcel number as assigned by the county of Nevada.
5. Surface fuels: Loose surface litter on the soil surface, normally consisting of fallen leaves or needles, twigs, bark, cones, and small branches that have not yet decayed enough to lose their identity; also grasses, low and medium shrubs, tree seedlings, heavier branches, and downed logs.
6. Aerial fuels: All live and dead vegetation above surface fuels, including tree branches, twigs and cones, snags, moss, and high brush. Examples include trees and large bushes.
7. Ladder fuels: Fuels that can carry a fire vertically between or within a fuel type.
8. Flammable vegetation: Includes, but not limited to, dead pine needles or leaves, dry grasses of over four inches in height, tree limbs, bushes, trees less than six inches diameter at breast height (DBH), manzanita, dense berry thickets or other dry invasive or noxious plants, that constitute a fire hazard and endanger people or property.
9. Combustible material: Heavy fuels, slash, refuse piles, dead trees, or tree limbs (either standing or downed), that constitute a fire hazard and endanger people and/or property.
10. Refuse piles: Accumulations of flammable vegetation, rubbish and/or scrap materials, including, but not limited to, wastepaper, wood, hay, straw, weeds, litter, or other flammable waste.
11. Heavy fuels: Materials of large diameter such as snag logs and large tree limbs that ignite and are consumed more slowly than flash fuels such as tree needles, leaves and grasses.
12. Approved warming device: A portable or fixed, outdoor, solid-fuel-burning fireplace that may be constructed of steel, concrete, clay, or other noncombustible material. It may be open in design or may be equipped with a small hearth opening and a short chimney or chimney opening in the top. All devices shall be equipped with spark-arresting screens.
13. Jurisdiction: Whenever the word "jurisdiction" is used in the California Fire Code it means the City of Nevada City, California.
14. Fire Division Chief: Whenever the words "chief of the bureau of fire prevention," “fire marshal,” or “chief of the fire department,” are used they shall be held to mean fire division chief.
8.10.220 - Abatement procedures.
To reduce fire hazards and nuisances associated with weeds, other flammable vegetation, refuse piles, and/or combustible materials upon or in front of private improved or unimproved property, the city council may conduct proceedings pursuant to Chapter 8.04 of this Code. Such proceedings may include requiring abatement of fire hazards throughout the city, entering upon private property and performing abatement where the private property owner does not abate. The cost of such abatement will be assessed upon the nuisance property under Chapter 8.04 of this Code, and such costs will constitute a lien upon the land until paid and will be collected upon the next tax roll upon which real property taxes are collected.
8.10.230 - Duty to abate flammable vegetation and combustible material.
It shall be the duty of every owner, occupant, or person in control of any private land, whether improved or unimproved, within the City of Nevada City, to abate there from on such property, at his or her own expense, all weeds, flammable vegetation and other combustible materials that constitute a fire hazard. The obligation to abate all weeds, flammable vegetation and other combustible materials shall comply with the following, shall be completed by May 1 of each year, and shall be maintained through October 31 or the end of fire season as declared by the California Department of Forestry and Fire Protection (CAL FIRE) whichever comes first:
1. Improved or Unimproved Property Less Than or Equal to One Acre: The entire property shall be mowed/cleared so that "flammable vegetation" as defined in Section
8.10.210 is no higher than four inches above mineral soil, the roof of every building and/or structure shall be free of flammable vegetation. No portion of any tree shall be within ten feet of the outlet of a chimney, stovepipe and/or electrical power service drop. Any plant, tree, or shrub adjacent to or overhanging a building and/or structure shall be free of dead or dying wood. Trees shall be free of branches six feet up from the ground, if height of the tree does not allow the six feet of clearance, the division chief of the fire department of the City of Nevada City or an authorized representative will determine appropriate clearance.
2. Improved and/or Unimproved Property Greater Than One Acre: A fifteen-foot clearance zone, measured from the property line, shall be provided if the property abuts an “improved property” as defined in Section 8.10.210. A thirty-foot clearance zone, as measured from the edge of the sidewalk nearest to the property line or from the street line if there is no sidewalk, shall be provided when property abuts any public or private rightsof-way, or fire apparatus access road. For the purposes of this Section 8.10.230(2), a clearance zone means “flammable vegetation” as defined in Section 8.10.210, is no higher than four inches above mineral soil and the roof of every building and/or structure shall be free of "flammable vegetation" as defined in Section 8.10.210. No portion of any tree shall be within ten feet of the outlet of a chimney, stovepipe, and/or electrical power service drop. Any plant, tree, or shrub adjacent to or overhanging a building and/or structure shall be free of dead or dying wood. Trees shall be free of branches six feet up from the ground, if height of the tree does not allow the six feet of clearance, the division chief of the fire department of the City of Nevada City or an authorized representative will determine appropriate clearance.
8.10.240 - Emergency vehicle access.
No property owner may allow any portion of any vegetation on his or her property to interfere with street and emergency vehicle access, regardless of whether the access is along a public street or along a private residential access road. Vegetation must be trimmed back a minimum distance of three-feet from the edge of street line for properties less than or equal to one acre and thirty-feet from the edge of the street line for properties greater than one acre. Vegetation must also be trimmed to a minimum height of thirteen feet six inches above street pavement. The division chief of the fire department of the City of Nevada City or an authorized representative may provide written notice to the property owner requiring vegetation to be trimmed for a specified additional distance when the fire chief determines the vegetation would otherwise interfere with street or emergency vehicle access. If the property owner fails to maintain these clearance requirements, the city may abate this nuisance without further notice and at the property owner's expense.
This subsection shall not apply to cultivated groundcover such as green grass, ivy, succulents, or similar plants used as groundcovers, provided they do not constitute a fire hazard.
8.10.250 - City abatement of hazardous vegetation or yard debris condition(s)—Lien.
Hazardous vegetation or yard debris shall be abated under Chapter 8.04 of this Code, and costs of abatement may be recovered under Chapter 8.04 of this Code.
Article III. - Prohibitions
8.10.300 - Open burning.
It shall be unlawful for any person to ignite, permit, or maintain an open fire within the city limits of the City of Nevada City.
This prohibition is not intended to prohibit fires in approved warming devices or devices used for cooking such as barbeques that are located on property that the individual using such device has legal authority to occupy.
8.10.310 - Authorized burning.
1. Training Burns. Fire department training burns may be permitted with the prior written approval of the division chief of the fire department of the City of Nevada City and Northern Sierra Air Quality Management District.
2. Special Permits. The chief of the fire department may issue special permits to authorize burning for the health and safety of the public.
3. Special Permits. The division chief of the fire department of the City of Nevada City may issue special permits to authorize burning for the health and safety of the public.
4. Burning may be permitted in improved designated areas, including, but not limited to, city-provided fire pits or barbeques in parks and other public areas.
8.10.320 - Fire protection requirements.
To provide and maintain fire protection during the use of approved warming devices or during authorized special permit burning, the following shall be required:
1. During use/operation an area within ten feet of the device shall be free and clear of flammable vegetation, combustible materials and/or refuse piles, as defined in Section
8.10.210.
2. Responsible person, eighteen years of age or older, in attendance with shovel until fire is dead out.
3. Water hose connected to an operational water supply shall present at use/operation site.
4. Operation site shall be within two hundred fifty feet of an operational fire hydrant.
5. Operation site shall be within one hundred fifty feet of a California Fire Code compliant fire access road.
8.10.330 - Exception—Special permit ceremonial operations.
Special permit ceremonial operations only: If an operational water supply is not present the division chief of the fire department of the City of Nevada City or an authorized representative will determine an appropriate alternative method of fire protection.
Article IV. - Fireworks
8.10.400 - Purpose and findings.
The City has determined that fireworks present a significant hazard to the environment and safety of its citizens and has determined that it is in the City's best interest to prohibit the sale, use, and discharge of fireworks, including "safe and sane fireworks". The purpose of this chapter is to establish a prohibition on the sale, use, and discharge of fireworks in Nevada City.
8.10.410 - Definitions.
As used herein, the words and phrases "fireworks" and "safe and sane fireworks" shall have the meanings ascribed to them in Sections 12500 et seq. of the California Health and Safety Code.
8.10.420 - Prohibitions.
The sale, use, and discharge of fireworks, including, but not limited to, safe and sane fireworks, is prohibited within the City of Nevada City. It shall be unlawful for any person to sell, offer for sale, purchase, discharge or otherwise use fireworks within the City except as provided in this chapter.
8.10.430 - Exceptions.
A.
Nothing in this Chapter shall be construed as prohibiting the sale, use, or discharge of any of the following; torpedoes, flares, or fuses by railroad or other transportation or law enforcement agencies for signal purposes of illumination; blank cartridges for ceremonial purposes, athletic, or sports events or military ceremonies or demonstrations; fireworks by permittees having a permit as hereinafter provided; agricultural and wildlife fireworks as defined in California Health and Safety Code section 12503; or to those subjects identified in subsections (a) through (d) of California Health and Safety Code section 12540.
B.
Public displays of fireworks may be conducted by permit granted pursuant to Title 19 of the California Code of Regulations.
Article V. - Violations—Penalty
8.10.500 - Penalty.
Any person who violates any of the provisions of this chapter is guilty of a misdemeanor punishable under Chapter 1.12 of this Code. Each separate day or any portion thereof during which any violation occurs or continues is a separate offense. The application of the aforementioned penalty shall not be held to prevent the enforced removal of the prohibited conditions.
SECTION 3. Chapter 8 of Title 8 of the Nevada City Municipal Code is hereby repealed.
SECTION 4. Chapter 38 of Title 8 of the Nevada City Municipal Code is hereby repealed.
SECTION 5. ENVIRONMENTAL DETERMINATION. The project has been reviewed for compliance with the California environmental Quality Act (CEQA), the CEQA Guidelines, and the City’s environmental procedures, and has been found to be not a project under Section 15378 (b)(5) of the CEQA Guidelines.
SECTION 6. INCONSISTENCIES. Any provision of the Nevada City Municipal Code or appendicies thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and/or further, is hereby repealed or modified to the extent necessary to affect the provisions of this ordinance.
SECTION 7. SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable.
SECTION 8. EFFECTIVE DATE. This ordinance shall be in full force and effect commencing thirty (30) days after its final adoption and a summary hereof shall be published once within fifteen (15) days in The Union, a newspaper of general circulation printed and published in the County of Nevada and circulated in the City of Nevada City and hereby designated for that purpose by the City Council.
SECTION 9. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the manner and form provided by law in The Union, a newspaper of general circulation printed and published in the City of Nevada City, State of California, which said newspaper is hereby designated for that purpose.
Introduced at a regular meeting of the City Council on the 9th day of March, 2022, by the following roll call vote:
MOTION:
AYES:
NOES:
ABSENT
ABSTAINED
Passed and approved at the regular meeting of the City Council on the ____ day of ____, 2022, by the following roll call vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
_____________________ __________________________
Niel Locke, City Clerk Duane Strawser, Mayor
APPROVED AS TO FORM:
______________________
Dean J. Pucci, City Attorney
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: March 23, 2022 Agenda Item No. 6
Subject: Incorporate a List of Projects Funded by
SB 1: The Road Repair and Accountability Act
From: Bryan McAlister, City Engineer
Date: March 15, 2022
Reviewed & Approved:
City Manager: Sean Grayson
City Attorney:
Recommended Action: Approve Resolution No. 2022-03 as follows:
1. Approve the list of projects proposed to be funded with Local Partnership Program (LPP) formulaic funds for fiscal year 2020-21 and 2021-22 with a match of Measure S local funds for projects as described in Exhibit A.
2. Appoint the City Manager, or designee, to execute all applications, negotiations and agreements which may be necessary for completion of the aforementioned project and expenditure of LPP funds, except those designated to the City Engineer below.
3. Authorize the City Engineer, or designee, to execute and submit all reports, payment requests, and changes to the project description, which may be necessary for completion of the aforementioned project and expenditure of LPP funds.
ISSUE STATEMENT AND DISCUSSION:
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.
The City Council of the City of Nevada City authorized the nomination of projects for $300,000 of FY 17/18, 18/19 and 19/20 for Local Partnership Program (LPP) formulaic funding share from SB 1. The City of Nevada City will also receive an estimated $200,000 in Fiscal Year 2020-21 and $200,000 in Fiscal Year 2021-22 for Local Partnership Program (LPP) formulaic funding share from SB 1.
Staff has prepared a list of high-priority and cost-effective projects that meet the criteria set forth by SB1 for public consideration and approval by City Council. The City must submit an application for projects to be included in the Local Partnership Program Account (LPP), created by SB 1, which must include supporting documentation that the project has a commitment of the required match and an explanation of the project and its proposed benefits, and a description of the project delivery plan.
FINANCIAL AND/OR POLICY IMPLICATIONS:
LPP funds will be used in accordance with the guidelines set forth by California Transportation Commission. Measure S funds will be used for matching contribution and to provide an original source of funds prior to reimbursement of expenditures by the LPP apportionment.
ENVIRONMENTAL CONSIDERATIONS:
Projects are exempt from review under the California Environmental Quality Act (CEQA).
ATTACHMENTS:
1. Resolution 2022-03 to Incorporate a List of Projects Funded by SB 1
2. Exhibit A - Local Streets and Roads Program SB1 LPP Project List RESOLUTION NO. 2022-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2020-21 AND 2021-22 FUNDED BY SENATE BILL 1 (SB1) 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, the City Council of the City of Nevada City authorized the nomination of projects for $300,000 of FY 17/18, 18/19 and 19/20 for Local Partnership Program (LPP) formulaic funding share from SB 1; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Nevada City are aware of the projects proposed for funding in the community and which projects have been completed each fiscal year; and.
WHEREAS, the City of Nevada City must submit an application for projects to be included in the Local Partnership Program Account (LPP), created by SB 1, which must include supporting documentation that the project has a commitment of the required match and an explanation of the project and its proposed benefits, and a description of the project delivery plan; and WHEREAS, maintaining and preserving the local street and road system in good condition will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing, which reduces vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals; 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, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED
by the City Council of the City of Nevada City as follows:
1. Approve the list of projects proposed to be funded with Local Partnership Program (LPP) formulaic funds of $200,000 for fiscal year 2020-21 and $200,000 for fiscal year 2021-22, with a match of local funds as required, for projects as described in Exhibit A.
2. Appoint the City Manager, or designee, to execute all applications, negotiations and agreements which may be necessary for completion of the aforementioned project and expenditure of LPP funds, except those designated to the City Engineer below.
4. Appoint the City Engineer, or designee, to execute and submit all reports, payment requests, and changes to the project description, which may be necessary for completion of the aforementioned project and expenditure of LPP funds.
PASSED AND ADOPTED at the regular meeting of the City Council of the City of Nevada City on the 23rd day of March, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Duane Strawser, Mayor
ATTEST:
_______________________________
Niel Locke, City Clerk
STATE OF CALIFORNIA • CALIFORNIA TRANSPORTATION COMMISSION Senate Bill (SB) 1 Proposed Project List Form
* Required
Type
(Select from dropdown list)
Explanation
(if "Other" is selected,
please explain)
?
Pre‐
Construction
(mm/yyyy)
Construction
(mm/yyyy) Min. Max. Sustainability ? Technologies ? Climate Change ? Complete Streets Elements ? Description of Elements PP01 5018
Commercial Street (17/18 Carryover) Road Maintenance &
Rehabilitation
Matching funds by voterapproved tax ‘Measure S’
dedicated exclusively to
improvement andmaintenance of Nevada
City’s streets.
This project consists of roadway rehabiliation. Sidewalk will be widened and enhanced at intersections to provide safe, convenient and efficient pedestrian access within the Downtown Historic District. Pavement improvements include replacement of
deteriorated pavement and improvements to cross‐slope for drainage. This project will help reduce traffic congestion and improve pedestrian safety which reduces vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals.
Commercial Street from Union Street
to North Pine treet
07/2020
11/2022 10 20 01 01 Yes No Yes Yes
Widened sidewalks and
improved intersection for
pedestrian friendly streetscape,reuse of existing materials(grindings) for pavement sub‐ base.
PP02 5018
Broad Street YRoad Maintenance &
Rehabilitation
Matching funds by voterapproved tax ‘Measure S’dedicated exclusively to improvement andmaintenance of NevadaCity’s streets.
This project consists of roadway rehabiliation. Sidewalk will be widened and enhanced at intersections to provide safe, convenient and efficient pedestrian access within the Downtown Historic District. Pavement improvements include replacement of
deteriorated pavement and improvements to cross‐slope for drainage. This project will help reduce traffic congestion and improve pedestrian safety which reduces vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals.
Broad Street from Commerical Street to(and including) the intersection of WestBroad Street and East Broad Street. 07/2019 12/2023 10 20 01 01 Yes No Yes Yes
Widened sidewalks and
improved intersection for
pedestrian friendly streetscape,
reuse of existing materials(grindings) for pavement sub‐ base.
PP03 5018PP04 5018PP05 5018PP06 5018PP07 5018PP08 5018PP09 5018PP10 5018PP11 5018PP12 5018PP13 5018PP14 5018PP15 5018PP16 5018PP17 5018PP18 5018PP19 5018PP20 5018PP21 5018PP22 5018PP23 5018PP24 5018PP25 5018PP26 5018PP27 5018PP28 5018PP29 5018PP30 5018PP31 5018PP32 5018PP33 5018PP34 5018PP35 5018PP36 5018PP37 5018PP38 5018PP39 5018PP40 5018PP41 5018PP42 5018PP43 5018PP44 5018PP45 5018PP46 5018PP47 5018 Legislative District(s)
LoCode
Part 2: Project Information
Local Streets and Roads Program
Additional Project Elements
(Does the project include element(s) as described in SHC 2030 (c)‐(f)? (Select Y/N from dropdown list)
Proposed ?
Project
(PP#)
* Project Title Project ID
(if any)
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?
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?
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CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: March 23, 2022 Agenda Item No. 7
Subject: Award of Contract with Robinson Enterprises
for Removal of Hazardous Trees at Sugarloaf Mountain
From: Bryan McAlister, City Engineer
Dawn Zydonis, Parks and Recreation Supervisor
Date: March 17, 2022
Reviewed & Approved:
City Manager: Sean Grayson
City Attorney:
Recommended Action:
Award Contract with Robinson Enterprises for Removal of Hazardous Trees at Sugarloaf Mountain
ISSUE STATEMENT AND DISCUSSION:
City staff identified hazardous and dead trees that need to be removed from the City’s Sugarloaf Mountain property. There are 35-38 trees that have died at Sugarloaf Mountain, apparently due to beetle infestation in 2021 and prolonged drought.
Two quotes were procured from local contractors, for removal and disposal of the trees, as follows:
Robinson Enterprises, Nevada City CA $17,275.00
Lester Enterprises Northstate Inc., Nevada City CA $48,780.00 Robinson Enterprises was selected as the lowest responsive and responsible bidder.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Staff intends to fund the project using hazard mitigation funds through the City’s insurance pool providers. In the event hazard mitigation funds are unavailable, the project will be funded by Measure M funds for tree removal with street right-of-way (estimated to be 85% of total), and by FY 21/22 General Fund for Buildings and Grounds for the remaining 15% of total costs.
ENVIRONMENTAL CONSIDERATIONS:
None.
ATTACHMENTS:
Contractor quotes for tree removal at Sugarloaf Mountain Lester Enterprises NorthState Inc.
176 Lower Grass Valley Road
Nevada City, CA 95959 US
530-470-8451
[email protected]
Estimate 1016
DATE
03/07/2022
TOTAL
$48,780.00
ADDRESS SHIP TO
City of Nevada City
317 Broad St.
Ca.
~
Nevada City, CA 95959
City of Nevada City
317 Broad St.
Ca.
~
Nevada City, CA 95959
DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT
03/07/2022 LE11 removing fire hazard trees
cutting and removing dead pine
trees along access rd from the gate
to the top pad. pine and about 38
pine and 4 cedars. All limbs will be
masticated in place and all logs will
be ground and hauled or just off
hauled.
1 48,780.00 48,780.00
SUBTOTAL 48,780.00
TAX 0.00
TOTAL $48,780.00
THANK YOU.
Accepted By Accepted Date
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: March 23, 2022 Agenda Item No. 8
Subject: 7. Receive a Presentation from the Nevada
County Arts Council and Request for Approval of a Letter of Support for Governor Newsom’s 2022-23 State Budget
Proposal, the California Blueprint, that includes $30 million in One-Time Funding to Support and Expand the California
Cultural Districts Program
From: Sean Grayson, City Manager
Date: March 15, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Hear presentation and approve the letter of support ISSUE STATEMENT AND DISCUSSION:
Nevada City, together with Grass Valley, comprise the only twin city cultural district of an inaugural cohort of only 14 districts under California Assembly Bill 189. In the Governor’s draft fiscal year 2023 state budget there is a proposed $30 million in support of the Cultural District program. The Nevada County Arts Council, as the oversight body for the cultural district, is requesting the City receive a report on the cultural district funding opportunity and approve the draft letter of support.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None
ENVIRONMENTAL CONSIDERATIONS:
None
ATTACHMENTS:
Draft Letter of Support California Cultural District Funding
1. City of Nevada City Letterhead
Dear [name of legislator]
We, the City of Nevada City, write to offer our support for Governor Newsom’s 2022-23 state budget proposal, the California Blueprint, that includes $30 million in one-time funding to support and expand the California Cultural Districts Program, in the hope that you, too, will support this proposal.
Nevada County is home to two unique state designated Districts of only four rural districts within an inaugural cohort of fourteen, and are now nearing the end of a five year pilot. Grass Valley-Nevada City Cultural District is the state’s only twin city partnership, this special designation having been formed as a result of Assembly Bill 189 in late 2015, and enacted in 2017 under the California Arts Council.
We believe that the California Cultural District Program is one of the state’s success stories and investment in it will drive recovery as we eye the end of the COVID-19 pandemic. Whether through spurring economic and cultural development, tourism, or business and workforce development, Nevada County’s California Cultural Districts are ready to serve.
Part of the program’s success is that California Cultural Districts must be created as multi-sector partnerships between municipalities or units of government, business sectors and the creative sector. This provides a public-private infrastructure that can readily respond to a broader range of opportunities, matched funding and innovation, while engaging with a larger range of constituents and stakeholders.
Pre-Covid Grass Valley-Nevada City Cultural Districts:
1. Supported cultural planning efforts regionally – across the whole county. We published an economic impact study, a strategic plan for education and a public arts master plan, and we engaged in vital cultural asset mapping, shedding light on places of most importance to all people living in Nevada County, as a key driver for cultural tourism.
2. Worked hand in glove on initiatives to spur innovation in our devastated downtown areas such as Art in Storefronts, Shopping with Artists and our Nevada County Artist Relief Fund – all of which provided much needed income to artists, but also an important focus on local businesses.
3. Importantly, our state designation has thrown our local Tribe in the West, one of the most endangered in California, in the spotlight in the best of ways. Where once there was barely recognition for our indigenous peoples, the Nisenan Tribe now has its own downtown location – a gallery – in the heart of one of our business districts. In the Eastern part of our County, in Truckee Cultural District, the Washoe Tribe is the focus for the largest creative placemaking initiative, FOREST-FIRE, our county has ever seen.
4. Supporting Nevada City’s intangible cultural heritage has been important, and our state designation as a California Cultural District has enabled us to support heritage that forms the very make-up of our region, and our least visible communities. With investment, these histories – and our heritage – will become less “intangible” and more a critical part of our
2. everyday lives. Both our California Cultural Districts in Nevada County benefit from participating in a Community of Practice for Equity in the Arts which, looking forward, will strengthen our work with our partners.
Looking beyond Covid, our California Cultural Districts will provide a nerve center for economic and social recovery in all three of our incorporated areas – but they need investment. With state funds, our District partners can continue to leverage local support and, together, fuel projects that carry real meaning not only for business and tourism, but for the people who live here – your constituents – who need our collective support.
Thank you for supporting Governor Newsom’s 2022-23 state budget proposal, the California Blueprint, and its provision for $30 million in one-time funding to support and expand the California Cultural Districts Program. If ever there were an opportunity to maintain California’s economy as the fifth largest in the world, investment in our Cultural Districts will surely provide a pathway to recovery and support one of its most valuable resources – its diversity.
Sincerely, etc.
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: March 23, 2022 Agenda Item No. 9
Subject: Update on Emergency Response to December
2021 Storm Events
From: Bryan K. McAlister, City Engineer
Date: March 17, 2022
Reviewed & Approved:
City Manager: Sean Grayson
City Attorney:
Recommended Action:
Receive, review, and provide staff direction with any recommendations for emergency response in relation to the 2021 storm events.
ISSUE STATEMENT AND DISCUSSION:
The City of Nevada City issued a proclamation of disaster on December 30th, 2021 as winter storms lashed the City with record snow that knocked out power, shut down major roads and freeways, and caused debris, among other hazards. The Governor issued a proclamation of a State of Emergency in 20 California counties including the County of Nevada on December 30th, 2021. On January 7, 2022 the City filed a Request for Public Assistance (RPA) with CA State Governors Office of Emergency Services (Cal OES) with a list of projects. Nevada City staff, volunteers and local contractors responded to this disaster as a community effort which involved clearing and removal of snow and debris, hazardous tree removal, opening roadways and walks for functional use and repair of utility lines.
Many volunteers and residents throughout the City helped clear roadways and sidewalks and assisted their neighbors during this challenging time. City of Nevada City staff including Administrative, Fire, Police, Park/Rec, Engineering, Planning, Public Works and Water/Wastewater crews responded immediately both during and after the storm events. On January 12, 2022 City Council awarded On-Call Emergency Services Contracts for Debris Removal to five local contractors as listed below:
• Lester Enterprises Northstate Inc., Nevada City CA
• Hansen Bros., Grass Valley CA
• C&D Contractors, Nevada City CA
• PSCE, Brownsville CA
• Robinson Enterprises Inc., Nevada City CA
All five contractors were very responsive in helping to efficiently and safely mitigate the hazards and clear the storm debris. Hansen Bros primarily worked at Pioneer Park and Nimrod Street; Lester Enterprises worked at Railroad Ave, Gold Run Creek and Deer Creek; Robinson Enterprises worked at the Wastewater Plant, Jordan Street, Zion and Deer Creek Environs; C&D worked at the water plant (including repair of City’s main water supply) and PSCE worked to help clear interior streets.
Debris removal was substantially completed by early March. Robinson Enterprises is grinding the wood debris into chips at the City’s Old Airport property. The wood chips are then hauled to a cogeneration plant where it is used to produce electrical power. Sale of wood chips will be used to offset the cost of chipping and trucking. No profit is being generated however this is the lowest cost for disposal and also an environmentally responsible method since it helps reduce fossil-fueled electricity generation.
City Engineering and Public Works staff is now working to repair or replace structures that were damaged including the sewer trestle near Miners Foundry, the public works ‘Mill Building’ and the pedestrian bridge at Pioneer Park picnic area.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The disaster response is funded by State cost-share under the California Disaster Assistance Act (CDAA) of 75% and a local share of 25% by the City of Nevada City General Fund and Measure M local tax funds.
ENVIRONMENTAL CONSIDERATIONS:
None.
ATTACHMENTS:
Powerpoint Presentation showing work to-date for Emergency Response to December 2021 storm events
Emergency Response
to December 2021
Storm Events
City of Nevada City
Project Areas ~ Response to Dec 2021 storm
▪ City Streets
▪ Ravines and Creeks
▪ Water Plant
▪ Wastewater Plant
▪ Public Works Yard
▪ Parks and Open Space
City Streets
Ravines and Creeks
Water Plant
Wastewater Plant
Public Works Yard
Parks and Open Space
Chipping and Disposal
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: March 23, 2022 Agenda Item No. 10
Subject: 2021 Housing Element Progress Report
From: Amy Wolfson, City Planner
Date: March 15, 2022
Reviewed & Approved:
Sean Grayson, City Manager
Recommended Action: Authorize Transmittal of the 2021 Housing Element Annual Progress Report to the Department of Housing and Community Development
ISSUE STATEMENT AND DISCUSSION:
The Annual Progress Report (APR) helps to facilitate the implementation of the Housing Element in tracking and monitoring the City's progress in addressing the regional housing needs allocation, including the number of housing units permitted by income level, the status of programs in the Housing Element, and efforts to remove governmental constraints. Attached is the APR for 2021, corresponding to the City’s 6th Housing Element Cycle.
Housing counts are reported in relation to meeting the City's Regional Housing Needs Assessment (RHNA).
State legislation and the RHNA process are intended to address projected state and regional population growth, to create a better balance of jobs and housing in communities, and to ensure the availability of affordable housing for households at all income levels. HCD allocates the number of housing units each jurisdiction must plan for in a given RHNA planning cycle. The State then requires each jurisdiction to update its housing element, and, if necessary, update its zoning code and any other local laws, programs and requirements, to ensure the additional housing can be built.
ANNUAL PROGRESS REPORT 2021:
For the current 6th cycle, the Housing and Community Development (HCD) agency has assigned 135 total housing units to the City of Nevada City, to be completed by the end of the cycle in 2027. In 2021, the City issued Certificates of Occupancy for three dwelling units, and issued permits to 53 dwelling units including the “Cashins Field” affordable housing project. The City also provided entitlement to 74 dwelling units including “The Grove” townhouse subdivision project. Total remaining RHNA allocations include 11 lowincome units, 23 moderate-income units, and 50 above-moderate units for a total of 84 units. Note that the State does not credit the City for an additional 9 units provided in the low-income category toward meeting RHNA goals.
2022 Housing Element Tasks: The City is required to update the Municipal Code as necessary and implement program goals outlined in the Housing Element. Staff is looking to accomplish the following tasks in 2022:
• Omit discretionary review of a tree removal permit in the R3 Zone when a development meets the 16 units per acre density standards. A tree removal permit may not be obtained for a protected tree in a mandatory setback area. This would involve amendments to Section 17.80.090, Tree Removal, and possibly Section 17-30.090, Other Required Conditions, of the Zoning Code. • Modify Section 16.04.054 to avoid the production of moderate-and above moderate-income housing on R3 Zoned properties.
• Amend Chapters 17.32, Office and Professional Zone, 17-36, Local Business Zone, 17.40, General Business Zone, and 17.52, Service Lodging Zone, to allow supportive housing projects that satisfy certain requirements by right in all zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, pursuant to AB 2162. In addition to these chapters, Chapters 17.16, Agricultural Forestry Zone, 17.20, Rural Residential Zone, 17.24, Single Family Residential Zone, 17.28, Multiple Family Residential Zone and 17-30, High Density Multiple Family Residential Zone will need to be amended to allow transitional and supportive housing to be allowed in all zones allowing residential uses, subject to the same processes and standards applicable to the same type of housing in the same zone, pursuant to SB 2. • Amend the Zoning Code to create a separate chapter addressing reasonable accommodation in accordance with Federal Fair Housing Amendments Act of 1988 and California Fair Employment and Housing Act, Gov. Code Section 12901 et. seq, Possibly adding new Chapter 17.86. • Amend residential district standards (including Historic District) to allow manufactured homes in all zones allowing single family residences.
• Low Barrier Navigation Centers: AB 101, amending Government Code Sections 65660 through 65668 require that the Zoning Code be amended to include new provisions for Low Barrier Navigation Centers. These are defined as Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelters and housing. These requirements are shown to sunset on January 1, 2027. This use needs to be allowed by right in all mixed-use and non-residential zones permitting multifamily uses if it meets the specified requirements. Although this new law was not acknowledged in the Housing Element, it needs to be implemented.
• Facilitated and Reduced Processing Requirements for Housing Developments: SB 330, amending Government Code Section 65905.5, requires that the City facilitate review of all residential housing projects, with reduced housing development standards and limited timelines for review. Also, AB 1483, amending Government Code Section 65940 requires the City reduce application submittal requirements and environmental review for housing projects. These laws sunset on January 1, 2025. Although this law was not acknowledged in the Housing Element, it needs to be implemented.
• Surplus Land Review: Program 21 of the Housing Element requires that the City identify publicly owned surplus land to determine its suitability for low-and very low-income households and to develop procedures for land swaps if sites more suitable for affordable housing are identified.
Surplus public lands that are found to be feasible for lower-income housing shall be considered for re-designation to an appropriate residential zoning designation. As part of the State’s Housing Crisis package, AB 1486 (Ch. 664) and AB 1255 (Ch. 661) amended Government Code §§ 54220 through § 54233 to further implement Housing Element Program 21 to, among other things, 1) Create expanded procedures for identifying and disposing of surplus property to make more land available for housing; 2) Expand the definition of “surplus land”; 3) Create a central inventory of all surplus land; and 4) Create a method for determining emergency housing needs.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission was provided a report on the status of the 2021 Housing Element Annual Progress Report and recommended that City Council authorize staff to transmit the report to the Department of Housing and Community Development at their regular meeting held March 17, 2022.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The 6th Cycle Housing Element is active through 2027. If the City is not successful in meeting all its RHNA targets, the City will be subject to the Affordable Housing Streamlining Act (SB 35) making way for a non-discretionary process for multi-family housing developments for production of units in any remaining unmet RHNA income targets (similar to the Cashin’s Field affordable housing project).
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
ATTACHMENTS:
2021 Housing Element Annual Progress Report
City of Nevada City
City Hall · 317 Broad Street · Nevada City, California 95959 · (530) 265-2496 TO: Planning Commission
FROM: Amy Wolfson, City Planner
MEETING DATE: March 17, 2022
RE: Recommendation to Authorize Transmittal of the 2021 Housing Element Annual Progress Report to the Department of Housing and Community Development ATTACHMENTS:
1 2021 Housing Element Annual Progress Report
BACKGROUND: The Annual Progress Report (APR) helps to facilitate the implementation of the Housing Element and in tracking and monitoring the City's progress in addressing the regional housing needs allocation, including the number of housing units permitted by income level, the status of programs in the Housing Element, and efforts to remove governmental constraints. Attached is the APR for 2021, corresponding to the year of the City’s 6th Housing Element Cycle.
Housing counts are reported in relation to meeting the City's Regional Housing Needs Assessment (RHNA). State legislation and the RHNA process are intended to address projected state and regional population growth, to create a better balance of jobs and housing in communities, and to ensure the availability of affordable housing for households at all income levels. HCD allocates the number of housing units each jurisdiction must plan for in a given RHNA planning cycle. The State then requires each jurisdiction to update its housing element, and, if necessary, update its zoning code and any other local laws, programs and requirements, to ensure the additional housing can be built.
ANNUAL PROGRESS REPORT 2021: For current 6th cycle, the Housing and Community Development (HCD) agency has assigned 135 total housing units to the City of Nevada City, to be completed by the end of the cycle in 2027. In 2021, the City issued Certificates of Occupancy for three dwelling units, and issued permits to 53 dwelling units including the “Cashins Field” affordable housing project. The City also provided entitlement to 74 dwelling units including “The Grove” townhouse subdivision project. Total remaining RHNA allocations include 11 low-income units, 23 moderate-income units, and 50 above-moderate units for a total of 84 units. Note that the State does not credit the City for an additional 9 units provided in the low-income category toward meeting RHNA goals.
2022 Housing Element Tasks: The City is required to update the Municipal Code pursuant to program goals outlined in the Housing Element. Staff is looking to update the following in 2022:
• Omit discretionary review of a tree removal permit in the R3 Zone when a development meets the 16 units per acre density standards. A tree removal permit may not be obtained for a protected tree in a mandatory setback area. This would involve amendments to Section 17.80.090, Tree Removal, and possibly Section 17-30.090, Other Required Conditions, of the Zoning Code. • Modify Section 16.04.054 to avoid the production of moderate-and above moderate-income housing on R3 Zoned properties.
• Amend Chapters 17.32, Office and Professional Zone, 17-36, Local Business Zone, 17.40, General Business Zone, and 17.52, Service Lodging Zone, to allow supportive housing projects that satisfy certain requirements by right in all zones where multifamily and mixed uses are permitted, including City Hall · 317 Broad Street · Nevada City, California 95959 · (530) 265-2496 nonresidential zones permitting multifamily uses, pursuant to AB 2162. In addition to these chapters, Chapters 17.16, Agricultural Forestry Zone, 17.20, Rural Residential Zone, 17.24, Single Family Residential Zone, 17.28, Multiple Family Residential Zone and 17-30, High Density Multiple Family Residential Zone will need to be amended to allow transitional and supportive housing to be allowed in all zones allowing residential uses, subject to the same processes and standards applicable to the same type of housing in the same zone, pursuant to SB 2.
• Amend the Zoning Code to create a separate chapter addressing reasonable accommodation in accordance with Federal Fair Housing Amendments Act of 1988 and California Fair Employment and Housing Act, Gov. Code Section 12901 et. seq, Possibly adding new Chapter 17.86. • Amend residential district standards (including Historic District) to allow manufactured homes in all zones allowing single family residences.
• Low Barrier Navigation Centers: AB 101, amending Government Code Sections 65660 through 65668 require that the Zoning Code be amended to include new provisions for Low Barrier Navigation Centers.
These are defined as Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelters and housing. These requirements are shown to sunset on January 1, 2027. This use needs to be allowed by right in all mixeduse and non-residential zones permitting multifamily uses if it meets the specified requirements. Although this new law was not acknowledged in the Housing Element, it needs to be implemented. • Facilitated and Reduced Processing Requirements for Housing Developments: SB 330, amending Government Code Section 65905.5, requires that the City facilitate review of all residential housing projects, with reduced housing development standards and limited timelines for review. Also, AB 1483, amending Government Code Section 65940 requires the City reduce application submittal requirements and environmental review for housing projects. These laws sunset on January 1, 2025. Although this law was not acknowledged in the Housing Element, it needs to be implemented. • Surplus Land Review: Program 21 of the Housing Element requires that the City identify publicly owned surplus land to determine its suitability for low-and very low-income households and to develop procedures for land swaps if sites more suitable for affordable housing are identified. Surplus public lands that are found to be feasible for lower-income housing shall be considered for re-designation to an appropriate residential zoning designation. As part of the State’s Housing Crisis package, AB 1486 (Ch. 664) and AB 1255 (Ch. 661) amended Government Code §§ 54220 through § 54233 to further implement Housing Element Program 21 to, among other things, 1) Create expanded procedures for identifying and disposing of surplus property to make more land available for housing; 2) Expand the definition of “surplus land”; 3) Create a central inventory of all surplus land; and 4) Create a method for determining emergency housing needs.
RECOMMENDED ACTION: Acknowledge receipt and recommend to the City Council that they direct staff to submit the 2021 Housing Element Annual Progress Report to the Department of Housing and Community Development (HCD) by April 1, 2021
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 2 3 5 6
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Summary Row: Start Data Entry Below 0 0 0 0 0 0 74 74
005-470-004 344 Long Street 213515 ADU R 1 7/22/2021 1
036-301-067 229 Bourbon Hill
Rd 211272 SFD O 1 2/18/2021 1
005-190-069 500 Providence
Mine Rd
The Grove
(Resubmittal) 5+ O 72 5/20/2021 72
005-270-050 110 Mine Rock
Road 192010 2 to 4 R 1 8/7/2019 1
005-390-004 224 Church Street 203131 2 to 4 O 2 9/29/2020 2 005-350-027 528 Main Street 201719 ADU R 1 6/22/2020 1
005-460-016 119 Parkside Pl 201398 SFD O 1 5/27/2020 1
005-290-26 170 Ridge Road 210736 5+ R 40 15 1 6/24/2020 56 1 4
Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 8 9
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
38 0 12 0 0 0 3 53
005-470-004 344 Long Street 1 11/23/2021 1
036-301-067 229 Bourbon Hill Rd 1 9/27/2021 1
005-190-069 500 Providence
Mine Rd
The Grove
(Resubmittal) 0
005-270-050 110 Mine Rock
Road 1 12/10/2019 1
005-390-004 224 Church Street 2 12/10/2020 2
005-350-027 528 Main Street 1 9/17/2020 1
005-460-016 119 Parkside Pl 1 8/12/2020 1
005-290-26 170 Ridge Road 38 12 1 6/1/2021 51
7 Project Identifier Affordability by Household Incomes - Building Permits Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
0 0 0 0 0 0 3 3
005-470-004 344 Long Street 0
036-301-067 229 Bourbon Hill Rd 1 2/4/2022 1
005-190-069 500 Providence
Mine Rd
The Grove
(Resubmittal) 0
005-270-050 110 Mine Rock
Road 0
005-390-004 224 Church Street 2 11/24/2021 2
005-350-027 528 Main Street 0
005-460-016 119 Parkside Pl 1 8/11/2021 1
005-290-26 170 Ridge Road 0
Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
13 14 15 16 17 18 19 20 21 22 23 24
Current APN Street Address Project Name+
How many of the
units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
6 1 0 0
005-470-004 344 Long Street N Y 0
036-301-067 229 Bourbon Hill
Rd N Y
005-190-069 500 Providence
Mine Rd
The Grove
(Resubmittal) N N 0
005-270-050 110 Mine Rock
Road N Y 0
005-390-004 224 Church Street N Y 0
005-350-027 528 Main Street N Y 0
005-460-016 119 Parkside Pl N Y 0
005-290-26 170 Ridge Road
6 Y Y LHTF, LIHTC, PBS8 DB 0 80.0% 2
Development
Standards
Modification
Yes
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Density Bonus Jurisdiction Nevada City ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 08/15/2019 - 08/15/2027 (CCR Title 25 §6202) 1 3 4
RHNA Allocation
by Income Level 2019 2020 2021 2022 2023 2024 2025 2026 2027 Total Units to Date (all years) Total Remaining
RHNA by Income
Level
Deed Restricted - - 38 - - - - - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted - - 12 - - - - - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted - - - - - - - - -
Non-Deed Restricted - - - - - - - - -
Above Moderate 60 1 6 3 - - - - - - 10 50
135
1 6 53 - - - - - - 60 84
Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units.
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 23 38
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
- Moderate
29 23
23 Please contact HCD if your data is different than the material supplied here 12 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
-
11 Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.
Total RHNA
Total Units
Income Level
Very Low
Low
Jurisdiction Nevada City ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 08/15/2019 - 08/15/2027 Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum
Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
005-270-038 646 Searls Avenue 1/12/2011 1 No Net Loss 1 UHD R3-PD-AN 16 16 15 Non-Vacant Developed with SFD, entitled for 15 additional
units
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
(CCR Title 25 §6202)
Jurisdiction Nevada City
Reporting Year 2021 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation 1) To the extent the City has financial resources, pursue available funding sources for affordable housing, including applications for HOME and CDBG funds for the construction or rehabilitation of lower income housing, including extremely low-income owner/renter occupied housing and down payment assistance for low-and below-income households. The City should look to collaborating with Nevada County or others to assist in this program.
Encourage the development and
rehabilitation of affordable housing.
Quantified Objective:
5 units rehabilitated
5 first time home buyer loans.
Seek assistance with
other agencies, such as
Nevada County, to apply
for grants in 2020.
Coordinate with others to
develop construction or
rehabilitation program and
begin program in 2021, if
found feasible.
The City did not have sufficient resources to apply for HOME and CDBG funds during the 5th housing cycle. The City will be seeking assistance from other agencies to obtain grant funding and administer these programs in the 6th Housing Cycle. The City regulalry works with the County Health and Human Services Agency to determine poternital funding mechanisms to support affordable housing projects. The City entered into an MOU with the City of Grass Valley and Nevada Coutnty in order to partner on the allocation of PHLA funds and allocated a first round of funding to the Cahins Field affordable housing project within City limits. Due to lack of City resources, significant staff turnover, and the complexities in applying for CDBG funds, the City has not applied for this funding in the last year. The City did partner with the County to work with homeless encampments at a nearby City Open Space park known as Sugarloaf Mountain. A 90-day post program review showed that of 17 individuals identified, 3 took advantage of temporary housing, 5 took advantage of permanent housing opportunities, and 2 took advantage of "bridge housing" opportunities.
Policy 2 indadvertently skipped in Housing Element program table. Policy 2 indadvertently skipped in Housing Element program table.
Policy 2 indadvertently
skipped in Housing
Element program table.
Policy 2 indadvertently skipped in Housing Element program table. (3) Support the efforts of the Nevada County Social Services Department to obtain additional Section 8 rental assistance Housing Vouchers.
Refer interested households to the
Nevada County Regional Housing
Authority.
Continuous and ongoing;
2019-2027.
The City will continue to support the County to expand Section 8 rental assistance Housing Vouchers for potential residents within Nevada City. The City staff recently engaged in talks with the Nevada County Health and Human Services Director (August 2021) regarding potential Homekey projects within city limits
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
4) Amend the Municipal Code to reduce constraints to production of lower income housing in compliance with State Housing Codes as follows:
a)Incorporate reduced parking standards to limit off-street parking requirements for qualifying lower income housing projects in accordance with AB 744. b) Omit discretionary review of a tree removal permit in the R3 Zone when a development meets the 16 units per acre density standards. A tree removal permit may not be obtained for a protected tree in a mandatory setback area. c) Omit Section 16.04.054 altogether or modify this section to avoid the production of moderate-and above moderate-income housing on R3 Zoned properties d) Amend second unit regulations to assure compliance with Government Code Section 65852 and replace with accessory unit requirements. This will include amending the City’s Development Impact Fees to reduce fees to accessory units in accordance with State law. e) Amend to allow supportive housing projects that satisfy certain requirements by right in all zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, pursuant to AB 2162. In addition, amend the Code to allow transitional and supportive housing to be allowed in all zones allowing residential uses, subject to the same processes and standards applicable to the same type of housing in the same zone, pursuant to SB 2, amend to allow transitional and f) Amend to address employee and farmworker housing provisions of California Health and Safety Code Sections 17021.5 and 17021.6 g) Amend to create the Cottage Dwelling Unit Ordinance (if implemented) for the potential production of smaller dwellings for low-and moderate-income households. Consider using fee reductions and reduced design standards in exchange for deed restrictions applying to low-and very low-income households in the new regulations. h) Amend to create regulations addressing reasonable accommodation in accordance with Federal Fair Housing Amendments Act of 1988 and California Fair Employment and Housing Act, Gov.
Code Section 12901 et. seq, i) Amend various definitions, such as family, dwelling, manufactured home, and others to comply with State Housing Code. j)Include definition of SRO (Single Room Occupancy) and incorporate Reduce constraints to the production of
lower income housing. Production of 8
new accessory units that is affordable
to low-income households.
Development of 4 lower income and 6
moderate-income housing units from
the Cottage Dwelling Development
Ordinance by 2027. Creation of 2
transitional housing units and one
supportive housing unit by
Complete amendments to
the Municipal Code by
2020.
Ordinaince 2020-001, implementing ADU standards, provides for reduced or omission of parking standards for ADUs. Ordinance 2021-10, implementing SB 9 standards provides for reduced or omiitted parking standards for qualifying residential units. The 51-unit affordabl Cashins Field project took advantage of reduced parking standards.
5) 30% of all homes located in new subdivisions shall be 1,500 s.f. or smaller.
These homes shall be affordable to moderate- and below income households.
This shall be accomplished through deed restrictions or through an affordable housing plan that includes moderate- and below income housing opportunities accomplished through a variety of mechanisms including, but not limited to, size restrictions, rental units, second units, etc. The plan shall be approved by the Planning Commission and/or City Council.
This is an ongoing carry over policy
from previous two housing elements,
intended to maintain and monitor this
policy. Although this program was
previously implemented through
previous amendments to the City’s
Subdivision Regulations, a community
advocate in the City has requested that
this policy be retained in the Housing
Element as a program.
Ongoing through
maintaining this policy in
the General Plan and
Subdivision regulations.
The Zoning Code Amended in 2009 consistent with this program. All subdivision proposals in the City since have met this requirement. The City currently has 34 entitle housing meeting this standard. None have been constructed and none are deed restricted but all are approved under an approved affordable housing plan.
The City has issued building permits for the 51 affordable housing units associated with Cashins Field.
6) The City will continue to work closely with the business and development communities toward achieving the City’s affordable housing goal. The City has identified the following outreach programs in this partnership to provide affordable housing: a) Review potential funding opportunities available through existing state, federal and local programs for its affordable housing program. b)Work with private developers and property owners to cooperate in financing water and sewer facilities expansion as a means of facilitating development. c) Work with non-profit (such as FREED) and for-profit housing development corporations specializing in housing for various special needs groups to accommodate housing that meets the needs of these groups.
Creation of 3 lower income housing
units by 2023 and 5 lower income
housing units by 2027 (for a cumulative
of 8 lower income housing units).
a)Creation of 3 lower income housing
units by 2023 and 5 lower income
housing units by 2027 (for a cumulative
of 8 lower income housing units).
b)Reach out to at least three local
developers annually upon completion of
the Annual Housing Progress Report to
include letters from the City Planner.
c) Reach out to at least three non-profit
housing developers annually upon
completion of the Annual Housing
Progress Report to include letters from
the City Planner.
a. Currently implemented
and ongoing; starting
annually with production
of the Annual Housing
Progress Report in April,
2020.
b) Prepare send letters at
least once a year starting
April, 2020.
c)Coordinate project
review with FREED on an
ongoing basis and
prepare and send letters
to FREED and nonprofit
developers at least once a
year starting April 2020.
In partnership with the City of Grass Valley and the County, the City has allocated PHLA funds toward the Cashins Field affordable housing project. The City also greed to deferring devlopment fees for 55 years. The City includes FREED on all housing devleopment proposals as part of the initial project distribution. 7) The City shall continue to monitor and review housing related policies, programs and regulations to minimize constraints to housing production and maintenance. This will include assuring the Grove project complies with developing 32 lower income housing units or rezone the vacant property to R3 to maintain 6th Cycle RHNA requirements for lower income housing. This monitoring shall also include reviewing the R2 Zone regulations to ensure that they don’t impede maximum allowed residential densities.
Production of 16 lower income housing
units and maintaining adequate vacant
R3 zoned properties in compliance with
6th Cycle RHNA.
Annually review Grove
Project and R2 Zoning
Regulations to assure
densities are not impeded
starting January, 2020.
The Grove project includes 32 attached townhouse units and was re-entitled by the City in May 2021. The City has issued building permits for the 51 affordable housing units associated with Cashins Field affordable housing project. 8) Actively support efforts, to the extent the City has financial resources, by providers who establish short-term bed facilities for segments of the homeless population including specialized groups such as the mentally ill and chronically disabled.
Provision of additional housing for 15
homeless individuals.
Continuous and ongoing;
2019-2027.
The City's ADU Ordininace requies that groud level ADUs be designed to provide disability/accessibility standards, including maneuvering sapce in kitchens and bathrooms, and adequate door and hallway widths (City Municipal Code
17.072.026 (J).
9) The City shall amend the Zoning Code to comply with California Government Code Section 65583.2(c) to allow residential uses by right for housing developments which at least 20 percent of the units are affordable to lower income households on vacant sites that were identified in the two previous housing elements which consists of Assessor’s Parcel No. 5-270-38, 646 Searls Avenue.
Improve the opportunity to create more
affordable housing units from new
development.
Incorporate into the
Zoning Code Amendments
by 2020.
Covid-policy priorities and staff turnover has delayed these efforts, but the City expects to get this underway in the follwoing year.
10) In accordance with California Government Code Section 65915 (c) (3) the City shall require replacement housing units on sites identified in the site inventory when any new development (residential, mixed-use or non-residential) occurs on a site that has been occupied by or restricted for the use of lower-income households any time during the previous five years (generally as a condition of project approval). This requirement shall apply to non-vacant sites and vacant sites with previous residenital uses that have been vacated or demolished.
Mitigate the loss of affordable housing
units, require new housing
developments to replace all affordable
housing units lost due to new
development.
The replacement
requirement will be
implemented immediately
and applied as
applications on identified
sites are received and
processed.
The City’s Service Lodge (SL) Zoning Designation allows for Multi-family housing pursuant to Municipal Code Section 17.52.020.
In 2008, the City issued a building permit for the conversion of 40 existing motel rooms to 25 senior apartments (permit no. 08014300). However, recently the hotel converted these apartments back to hotel units, a primary use of the Service Lodge zoning designation. While we do not have a building permit for the conversion, yet, the re-conversion back to motel use has been verbally communitcated. These units were not deed restricted for lower income households and were not included on the site inventory because they are not on residential-zoned land. The City continues to monitor vacated or demolished housing .
11) Work with FREED or another equivalent organization in seeking rehabilitation program grants for very low-income disabled persons and senior citizens to improve accessibility and safety residential buildings.
Create 3 fully accessible dwelling units
and rehabilitate 3 dwelling units for full
accessibility.
Complete by 2027
FREED is on the City’s standard distribution list for housing project proposals. To date, the City has not had an opportunity to implement a fully accessible dwelling unit. However, the Cashins Field affordable housing project provides for 6 of the 51 units for accessible needs.
12) The City shall review the feasibility of creating Universal Design (UD) regulations for new and substantially remodeled residential development. This feasibility study may be developed in collaboration between the City and FREED.
The City may adopt UD regulations if determined feasible and appropriate.
Provision of 20 accessible housing
units.
Prepare feasibility study in
2020 and if determined
feasible and desirable by
the City, create new
regulations in 2021.
FREED is on the City’s standard distribution list for housing project proposals.
Their organization has regularly participated in public comments for housing proposals. The Cashins Field affordable housing project provides for 6 of the 51 units for accessible needs. The City will review opportunities and determine prioritization of this goal during the City's next strtegic planning session.
Siginificant staff turnover has delayed this goal.
13) The City will continue to permit accessory structures, building modifications and site plans that provide accessibility for persons with disabilities and/or developmental disabilities and will continue to implement the state and federal building standards for handicapped accessibility. Amend the Municipal Code to include provisions for implementing a reasonable accommodation program in accordance with the Federal Fair Housing Act (42 U.S.C. § 3601), the California Fair Employment and Housing Act (Govt. Code § 12955 and other related regulations.
The Planning Department and Nevada County Building Department will continue to provide brochures and assistance to residents about accessibility for persons with disabilities and/or developmental disabilities.
Maintain enforcement of the Federal
Fair Housing Act (42 U.S.C. § 3601), the
California Fair Employment and
Housing Act (Govt. Code § 12955 and
other related regulations.
Ongoing and will
implement new
reasonable
accommodation
regulations after their
adoption in 2021.
Staff will propose an amendment to the Zoning Code in 2022 to create a separate chapter addressing reasonable accommodation in accordance with Federal Fair Housing Amendments Act of 1988 and California Fair Employment and Housing Act, Gov. Code Section 12901 et. seq.
14) The City will continue to incorporate ADA accessibility accommodation provisions through the adoption of the latest Uniform Building Code (UBC) requirements. Furthermore, the City will adopt the most recent UBC updates as they become effective.
Full implementation of ADA
requirements through individual
building permits.
Current and on-going The City regulalry updates the Municipal Code with the latest Califonria Building Code requirements, the most recent of which occurred in 2019. 15) Upon a request, meet with developers in advance of formal application submittals to identify ways to streamline and expedite the review process for multi- family rental housing units. Detailed applications will be provided along with requisite checklists These meeting will focus on city staff providing an early review of conceptual development applications and to identify filing requirements such that delays will be minimized. Refer to Programs 4 and 5 regarding amendments in the City’s development regulations to removed constraints to the production of affordable housing.
Facilitate the development of affordable
rental housing. Refer to Programs 4
and 5.
Continuous and on-going;
Refer to Programs 4 and 5.
The City has a pre-application process in place for the purpose of reviewing preliminary development proposals, partuculalry those with complex components. The City was integral to the success of the 51-unit Cashin's Field affordable housing project, providing streamlined processing, and funding and loan contributions.
16) In accordance with Government Code Section 6558.7, the City will monitor water and sewer availability to provide sufficient priority sewer/water capacities are reserved for future low-income housing development per the City’s Regional Housing Needs Allocation for the 2019-2027 period; 52 equivalent dwelling units for lower income households
Reserved development capacity of 52
lower income housing units. Request
NID to reserve capacity in its water
treatment plant for future lower income
housing units.
2019-2027 and ongoing.
The City provided entitlement for 56 affordable low-income and very low-income units and worked with developers to ensure adequate sewer and water capacity is available. Ultimately, the developer only applied for 51 of the 56 units building permits. The City's most recent Municipal Services Review shows adequate remaining capacity of 0.30MGD or 300,000 gpd capacity divided by 191 gpd/edu unit flow factor equaling 1,571 equivalent dwelling units. 17) Continue to monitor and review housing related policies and programs to minimize constraints to housing production and maintenance. This will include reviewing and possibly amending AB 1600 and administrative processing fees for lower income housing projects.
When updating AB 1600 fees and
administrative processing fees, include
specific provisions or exceptions for
lower income housing projects
Monitoring ongoing.
Conduct review of fees for
affordable housing in 2021
as part of the
comprehensive fee
updates.
The City has an ordinance in place that allows a waiver of mitigation fees and utility hook-up fees for deed-restricted, low-income accessory dwelling units; The City has also updated the accessory dwelling units for reduced AB1600 fees for all ADUs and no AB1600 fees for those ADUs under 750 sf (City Municipal Code 17.72.026.)
18) Maintain reduced fee program in exchange for low-income deed restrictions for the production of second or accessory units.
Quantified Objectives: 8 affordable
second/accessory units during the 6th
State Cycle Housing Element RHNA.
Units produced to comply
with RHNA by 2027.
The City has an ordinance in place that allows a waiver of mitigation fees and utility hook-up fees for deed-restricted, low-income accessory dwelling units; The City has also updated the accessory dwelling units for reduced AB1600 fees for all ADUs and waives AB1600 fees for those ADUs under 750 sf (City Municipal Code 17.72.026.) This fee waiver has decentivised the City's deed restriction program. The City has not increased development impact fees since 1993. The City is considering a fee study in the near future.
19) The City will ensure that residential development projects are consistent with the goals and policies of the General Plan. This will comprise the City’s annual monitoring of the RHNA and the Housing Element and reporting this to the California Department of Housing and Community Development and the California Office of Planning and Research. This monitoring will include summarizing achievements of programs in this Housing Element and assuring there continues to be a sufficient level of vacant, R3 Zoned land in the City to assure a no-net loss in accordance with Government Code Section 65863.
Annually monitor R3 lands to ensure
that these lands remain sufficient to
accommodate the City’s affordable unit
numbers throughout the planning
period.
Quantified Objective
Creation of 3 lower income housing
units by 2023 and 5 lower income
housing units by 2027 (for a cumulative
of 8 lower income housing units that
include 8 accessory units.
Continuous and on-going;
The Grove project, located on 2 acres of R3 zoned property, includes 32 attached townhouse units and was re-entitled by the City in May 2021. No application has been made for the remaining 1 acre property zoned R3. The City has issued building permits for the 51 affordable housing units associated with Cashins Field affordable housing project.
20) Development proposals that under-realize density associated with R3 zoned sites shall be subject to a Use Permit. The City shall address and make applicable “no- net loss” findings required in Government Code Section 65863 for any land use request to a lower density or alternative land use. Also, Program 4-I requires no net loss of vacant R3 Zoned land.
Annual ongoing reporting to include
update of the vacant land inventory to
begin April 2020 to assure no-net loss of
R3 Zoned land for lower income
housing production to comply with 6th
State Cycle Housing Element RHNA for
Nevada City.
Quantified Objective
Creation of 5 lower income housing
units by 2023 and 8 lower income
housing units by 2027 (for a cumulative
of 13 lower income housing units).
On going
The City has provided entitlement to a developer proposing high-density housing on a 2-acre R3-zoned site. Entitlement has been approved for “The Grove” subdivision, though building permits have not been issued. This project was reentitled by the City in May 2021. No application has been made for the remaining 1 acre property zoned R3. The City has issued building permits for the 51 affordable housing units associated with Cashins Field affordable housing project.
21) The City shall identify publicly owned surplus land to determine its suitability for low-and very low-income households and to develop procedures for land swaps if sites more suitable for affordable housing are identified. Surplus public lands that are found to be feasible for lower-income housing shall be considered for re-designation to an appropriate residential zoning designation.
The City has limited land most of which
is very constrained by size, topography,
or within floodplains, so it is difficult to
determine the number of affordable
housing units can be created, if any.
The first analysis will be
conducted in 2020 with
status updates with the
Annual Housing Report in
March and April and each
year thereafter.
The City has had preliminary discussions about beginning a suplus property analysis. Covid-policy priorities and staff turnover has delayed these efforts, but the City expects to get this underway in the follwoing year. 22) The Planning Commission shall review all residential expansion requests in excess of 25 percent with the goal of retaining smaller housing units while maintaining diversity of the housing supply.
Maintain smaller homes as one method
of retaining housing diversity and
moderating housing costs while
preserving a mixture of housing types
and sizes to maintain diversity of
neighborhoods.
Current and on-going
during the 6th Housing
Cycle
The City has issued one ADU permit so far in the 6th Housing Cycle. The ADU was under the 750 square foot threshold and will include a waiver of AB1600 fees.
The City encourages the development and conversion of accessory dwellings units of any size by waiving application and development impact fees for those that incorporate deed restrictions.
23) Density transfers shall be allowed from one parcel to an adjacent parcel or a parcel within 200' of the host parcels, provided said transferred density shall be developed as affordable housing. In no case shall the overall density of the areas under consideration exceed maximum general plan densities plus any applicable affordable housing density bonuses. The density transfer shall be implemented using the SP-Site Performance Combining District of the zoning ordinance. The density transfer program shall be communicated to landowners when an inquiry is made of the City regarding future housing development.
A tool to retain planned residential
density when developing lower density
projects.
Quantified Objective: One density
transfer involving 4 units.
Continuous and on-going
during the 6th Housing
Cycle
The City issued 53 building permits, in 2021, including 1 ADU and 51 low-income housing units. The city issued 4 certificates of residenital occupancy, one of which was for an ADU. The City encourages the development and conversion of accessory dwellings units by waiving development impact fees for those that have deed restrictions.
24) Continue allowing density bonuses and other incentives to developers of affordable housing, in accordance with State law and other objectives of the General Plan.
Increase the production of units
affordable to lower income households
Quantified Objective
5 lower income units
Continuous and on-going
during the 6th Housing
Cycle
The City issued building permits for the 51-unit affordable housing project known as Cashins Field which took advantage of an 80% density bonus. 25) Maintain planned employment generating land uses to ensure that jobs will be available in proximity to housing and other city services.
Review any change of use of
employment generating land uses to
determine its impact on the City’s jobs:
housing balance.
Quantified Objective
Discourage changes in use of
Employment Center and Light Industrial
zones a non-employment designation.
Continuous and on-going.
The City did has not conducted any rezones this housing cycle. The City did amend a Development Agreement within the City's Tech Center, expanding the allowed uses to include cannabis business uses. The City is currently processing a cannabis business permit at this location.
26) In pre-application review meetings with developers, encourage the development of housing in proximity to existing and planned employment centers and other major employers where adequate pedestrian or non-vehicular access opportunities
(bicycle, etc.) are available.
Promote a pedestrian environment
between living and work areas.
Quantified Objective
10 units in proximity to existing
employment land uses
Continuous and on-going
The 72-lot residential project known as the Grove is located adjacent to the Tech Center. The 51-unit Cashins Field affordable housing project is located adjacent to the 7-Hills Business District, an area designated for general retail and service uses.
27) The City will encourage the production of market-rate rental and ownership housing for moderate- and above moderate-income households through its land development policies.
Maintain housing variety. Continuous and ongoing
2019-2027.
The City recently partnered with the County in an MOU for the preparation of Affordable Housing Master Plans intended to result in a resididential master plan design that is consistent with ADU standards.
28) To the extent the City has financial resources, expand the city code enforcement program by retaining a part time code enforcement officer.
Reduce the amount of violations in a
more-timely manner.
Quantified Objective
Retain a part time code enforcement
officer if funding becomes available..
2019-2027 The City has retained the part-time code compliance officer position that was initiated in 2020
29) In accordance with State Housing Code, the City will amend the General Plan as follows: a. In accordance with SB 379 the City will amend the Safety Element of the General Plan to include analysis and policies regarding climate adaption. b. In accordance with AB 162 the City will amend the Safety Element of the General Plan to include analysis and policies regarding flood hazards and flood management to address flood-related constraints to housing development in the City.
c. In accordance with SB 1241 the City will amend the Safety Element of the General Plan to include analysis and policies regarding fire hazards and impacts and mitigation for housing in the City.
d. In accordance with California Government Code Section 65302 (h), amend various sections of the in General Plan to incorporate goals, policies, and objectives related to environmental justice.
Enhance public safety for existing and
new neighborhoods.
2021 if SB 2 funding
becomes available
The City is currently in the processs of updating the General Plan Safety Element which includes analysis of climate addaptation pursuant to SB 379, flood hazards and management pursaunt to AB162, and fire hazards and impacts pursuant to SB 1241. Analsys and policies that result from these components of the Safety Element will guide the City in its effort in encouraging housing production. 30) The City shall refer interested parties to the various rebate programs offered by P.G. & E and various low-income assistance programs offered by PG&E.
Reduce dependency on the local power
grid
Ongoing and continuous
during the 6th Housing
Cycle
The City Website has been updated to include programs for reducing energy dependence from non-renewable sources, and includes information and links to PG&E rebate programs in the “Residents” section of the website. The City has also entered into JOAs with four “Property Assessed Clean Energy (P.A.C.E)” programs and has an adopted Energy Action Plan, adopted in 2015. The City works with the Sierra Business Council and their Sierra Nevada Energy Watch program in order to keep abreast of opportunitites and update the website as needed.
31) Continue to notify City residents via the City’s website that energy conservation improvements are eligible to income-based qualified households for assistance under the City’s residential rehabilitation program.
Reduction in energy consumption in
existing residences.
Continuous and ongoing
during the 6th Housing
Cycle
The City Website has been updated to includes programs for reducing energy dependence from non-renewable sources, and includes information and links to PG&E rebate programs and specifically includes a link to “Project Go, Inc” which administered home energy assistance to low-income households in the “Residents” section of the website. The City has also continued four “Property Assessed Clean Energy (P.A.C.E)” programs through JOA partnerships including HERO, mPower, yGrene, and Figtree, offering low-interest, long term loans through property tax assessments.
32) The City will continue to implement the energy conservation standards under Title 24 of the California Code of Regulations, as required by State law. The City will continue to provide information at the permit counter from the California Energy Commission on compliance with Title 24 and other energy conservation techniques.
Reduction in potential energy
consumption.
Establish and implement
the Energy Conservation
Incentives Program, per
the General Plan in 2022.
The City regularly adopts the California Building Code including the California Green Building Standards pursuant to California Code of Regulations, Title 24, Part 11, most recently adopted per the 2019 edition of the California Building Code Standards (Ordinance 2020-02).
33) If an unpermitted demolition occurs, any new home on the lot shall be the same size as the house illegally demolished.
Maintain smaller more affordable
housing stock
Continuous and ongoing
during the 6th Housing
Cycle.
Section 17.88.040 (A.1) requires that unpermitted demolitions have the same footprint, floor area and height as the demolished structure. 34) The two mobile home parks in Nevada City may be substandard and do not provide safe affordable housing. The City will meet with mobile home park owners (as requested and to the extent that the City has financial capacity) to discuss long-term goals for their properties and the condition of park infrastructure and buildings, the condition of mobile homes located in the park, parcel size, accessibility to services and surrounding land uses. For those parks that are feasible to preserve, the City will consider (1) providing information to park owners on state and federal programs and/or (2) providing referrals to nonprofit organizations who can assist in preparing funding requests.
If the mobile home parks with serious problems convert to another use. The City shall require the owners to provide relocation or other assistance to mitigate the displacement of park residents in accordance with Government Code Section 65863.7.
Quantified Objective: Rehabilitation of 5
substandard housing units
Continuous and ongoing
during the 6th Housing
Cycle
Staff recently worked with the property management team for one of the City's 20- unit, age-restricted mobile home park and provided original infrasturcture improvement plans to that agency.
35) Refer housing discrimination complainants to the Legal Services of Northern California and providing reference to this on the City’s website.
Assurance that all people are afforded
equal opportunity when attempting to
procure housing.
Continuous and on-going
during the 6th Housing
Cycle
A link to HCD’s fair housing website is on the City’s website in the “Residents” Section. To date, the City has not had any housing discrimination complaints to refer to the State Fair Employment and Housing Commission.
Annual Progress Report January 2020
Jurisdiction Nevada City ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 08/15/2019 - 08/15/2027
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Jurisdiction Nevada City
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 08/15/2019 - 08/15/2027
Current Year
Deed Restricted 38
Non-Deed Restricted 0
Deed Restricted 12
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
3 53
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 1 1 1
2 to 4 0 0 2
5+ 72 51 0
ADU 1 1 0
MH 0 0 0
Total 74 53 3
0 0
0 0
1 0
0 0
Income Rental Ownership Total
Very Low 38 0 38
Low 12 0 12
Moderate 0 0 0
Above Moderate 1 0 1
Total 51 0 51
Cells in grey contain auto-calculation formulas
Total Units Constructed with Streamlining
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Jurisdiction Nevada City
Reporting Year 2021 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in row Task $ Amount
Awarded
$ Cumulative
Reimbursement
Other
Funding Notes
GP Safety Element Update $65,000.00 $0.00 Other SB2 Funding, RFP issued
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable. $ 65,000.00
Task Status
In Progress
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: March 23, 2022 Agenda Item No. 11
Subject: Consideration of Ordinance No. 2022-04: An
Ordinance of the City Council of the City of Nevada City, State of California, Adding Chapter 8.11 to the Nevada City
Municipal Code, Relating to Woodstoves and Fireplaces.
From: Sean Grayson, City Manager
Date: March 15, 2022
Reviewed & Approved:
Recommended Action:
Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for April 13, 2022
ISSUE STATEMENT AND DISCUSSION:
At the March 9, 2022, Regular City Council Meeting, the City Council directed staff to return to Council with an Ordinance to address the burning of material in woodstoves and fireplaces. The City has recently been issued health and safety advisories pertaining to use of solid fuels in woodstoves and fireplaces. The request was to address what materials can and cannot be burned in a woodstove or fireplace as burning of materials outside is addressed in the City’s vegetation management ordinance.
The proposed ordinance would add Chapter 8.11 to the Nevada City Municipal Code and provide regulations with regard to woodstoves and fireplaces. The ordinance prohibits the burning of any materials in woodstoves and fireplaces other than those are allowed in the ordinance. The materials that are allowed to be burned in the ordinance are: Untreated wood; Uncolored paper; Manufactured logs, pellets, and similar manufactured fuels; Cardboard; and Undyed organic cloth.
Staff has reviewed the proposed ordinance under the California Environmental Quality Act and implementing regulations, known as the Guidelines. Staff recommends that the Council determine that the proposed ordinance is not a project subject to environmental review pursuant to Section 15378(b)(5) of the California Code of Regulations. The proposed ordinance would essentially reorganize existing law and is therefore an organizational activity that will not result in direct or indirect physical changes in the environment.
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:
Ordinance 2022-04
1 ORDINANCE NO. 2022-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY, STATE OF CALIFORNIA, ADDING CHAPTER 8.11 TO THE NEVADA CITY MUNICIPAL
CODE, RELATING TO WOOD STOVES AND FIREPLACES
WHEREAS, Article XI, Section 7 of the California Constitutions provides that cities may make and enforce within their limits all local, police, sanitary and other ordinances and regulations not in conflict with the general laws; and
WHEREAS, the City of Nevada City currently does not directly regulate the use of wood stoves and fireplaces; and
WHEREAS, the City of Nevada City has recently been issued health and safety advisories pertaining to use of solid fuels in wood stoves; and
WHEREAS, it is prudent in order to protect public health, safety and welfare that the City of Nevada City enact an ordinance regulating use of wood stoves and fireplaces; and WHEREAS, the City of Nevada City, California, pursuant to the provisions of the California Environmental Quality Act (“CEQA”) (Cal. Pub. Res. Code §§21000 and following) and State CEQA Guidelines (14 CCR §§15000 and following) has determined that this ordinance is not a project under CEQA pursuant to Section 15378 (b)(2) of the California Code of Regulations, general policy and procedure making;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEVADA CITY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and incorporated into this ordinance.
SECTION 2. Chapter 11 is hereby added to Title 8 of the Nevada City Municipal Code, to read as follows:
Chapter 8.11 – WOOD STOVES AND FIREPLACES
8.11.010 – Purpose.
This chapter is enacted for the purpose of improving and maintaining the level of air quality of the city in order to protect and enhance the health of its citizens by controlling the emissions of particulate matter and other wood burning pollutants into the air of the community of Nevada City.
8.11.020 - Definitions.
For purposes of this ordinance:
2 "EPA" means the United States Environmental Protection Agency. "EPA certified appliance" means any solid fuel burning appliance utilized for space or water heating or cooking that meets the performance and emission standards as set forth in Part 60, Title 40, subpart AAA code of Federal Regulation, February 26, 1988. "EPA Phase II certified appliance" means a solid fuel burning appliance that meets the emission requirements of no more than 4.1 grams per hour particulate matter emission for catalytic and 7.5 grams per hour for non-catalytic appliances. Pellet fueled wood heaters or gas fueled appliances shall be considered as meeting Phase II requirements. Any other solid fuel burning appliances, including fireplaces, shall be considered non-certified. "Nevada City city limits" means the legal boundaries of the City of Nevada City. "Pellet fueled wood heater" means any heater designed to heat the interior of a building that operates on pelletized wood and has an automatic feed.
"Permanently inoperable" means modified in such a way that the appliance can no longer function as a solid fuel heater or easily be remodified to function as a solid fuel heater.
Conversion to other fuels, such as gas, is permitted.
"Gas fueled appliances" means any heater designed to heat the interior of a building that operates on either propane, natural gas or oil.
"Solid fuel burning appliance" means any fireplace, heater, stove or structure that burns wood, coal or any other non-gaseous or non-liquid fuels, or any similar device burning any solid fuel used for aesthetic, water heating or space heating purposes. A pellet fueled wood heater is specifically excluded from this definition.
8.11.030 – Standards for regulation of solid fuel burning appliances.
A. All new and replacement solid fuel burning appliances shall be certified and labeled as an EPA Phase II certified appliance.
B. All solid fuel burning appliances, pellet fueled wood heater and gas fueled appliances shall not be installed without first obtaining a building permit from the city. All installations shall require an inspection and approval by the building division prior to operation.
C. Verification that the appliance complies with the required emissions standards and with this chapter shall be verified by an inspector of the city's building division and such verification shall remain on file with the building division.
D. No person shall advertise, sell, offer for sale, supply, install or transfer a solid fuel burning appliance within the Nevada City city limits unless it is either:
3 1. Tested, certified and labeled as meeting the emission requirements of the EPA Phase II certified appliance;
2. A pellet fueled wood heater including those labeled exempt from 40 CFR Part 60; or
3. Permanently inoperable.
E. Solid fuel burning appliances shall not be the primary form of heat in any new construction.
F. The following are exempt from the requirements of Section 8.11.030:
1. Gas fueled appliances.
2. All existing, permitted solid fuel burning appliances as of the effective date of this ordinance.
3. One fireplace located in a hotel/motel lobby or similar common area lobby or in the common area of a condominium project.
8.11.040 – Limiting number of certified solid fuel burning appliances.
A. No more than one solid fuel burning appliance shall be installed on any property after the effective date of this ordinance.
B. The following are exceptions to Section 8.11.040:
1. Existing properties with one or more existing solid fuel burning appliances, as of the effective date of this ordinance. Such properties shall not be permitted to install any additional solid fuel burning appliances.
2. One additional solid fuel burning appliance may be installed in a dwelling if it is on a parcel greater than sixty-seven hundredths of an acre (twenty-nine thousand fifty-five square feet).
8.11.050 – Prohibited fuels.
A. Materials that are allowed to be burned in a solid fuel burning appliance are listed below:
1. Untreated wood;
2. Uncolored paper;
3. Manufactured logs, pellets, and similar manufactured fuels; 4 4. Cardboard; and
5. Undyed organic cloth.
B. Burning of any other fuels or materials in a solid fuel burning appliance is prohibited within the Nevada City city limits.
8.11.060 - Reserved.
8.11.070 - Penalties.
A. It is illegal to violate any requirements of this chapter. Any owner of any property which is in violation of the requirements of this chapter shall be guilty of an infraction. Any person operating a solid fuel burning appliance in violation of this chapter is guilty of an infraction. The third violation by the same person within a twelve month period shall constitute a misdemeanor. Prosecution of any violation of this chapter may be against the property owner, the occupant, or both.
B. Violation of any portion of this chapter may result in assessment of civil penalties against the property and against an individual person or persons as follows:
1. First violation within a twelve month period, fifty dollars;
2. Second violation within a twelve-month period, one hundred dollars;
3. Third violation within a twelve-month period, two hundred fifty dollars; and
4. Four or more violations within a twelve-month period, five hundred dollars per violation.
C. Each and every day a violation exists is a new and separate violation. Right to appeal, hearings and collection of civil penalties shall be pursuant to the procedures set forth in Chapter 1.22 of this code.
D. Nothing in this section shall prevent the city from pursuing criminal penalties or using any other means legally available to it in addressing violations of this chapter.
E. Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the air pollution control officer or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition which violates the provisions of this chapter, the air pollution control officer or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the air pollution control officer by this code; provided, that if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, or if the owner or person 5 having charge or control of the building or premises cannot be contacted, the air pollution control officer or his authorized representative shall have recourse to every remedy provided by law to secure entry.
SECTION 3. ENVIRONMENTAL DETERMINATION. The project has been reviewed for compliance with the California environmental Quality Act (CEQA), the CEQA Guidelines, and the City’s environmental procedures, and has been found to be not a project under Section 15378 (b)(2) of the CEQA Guidelines, general policy and procedure making.
SECTION 6. INCONSISTENCIES. Any provision of the Nevada City Municipal Code or appendicies thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and/or further, is hereby repealed or modified to the extent necessary to affect the provisions of this ordinance.
SECTION 7. SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable.
SECTION 8. EFFECTIVE DATE. This ordinance shall be in full force and effect commencing thirty (30) days after its final adoption and a summary hereof shall be published once within fifteen (15) days in The Union, a newspaper of general circulation printed and published in the County of Nevada and circulated in the City of Nevada City and hereby designated for that purpose by the City Council.
SECTION 9. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the manner and form provided by law in The Union, a newspaper of general circulation printed and published in the City of Nevada City, State of California, which said newspaper is hereby designated for that purpose.
Introduced at a regular meeting of the City Council on the ___ day of ____, 2022, by the following roll call vote:
MOTION:
AYES:
NOES:
ABSENT
ABSTAINED
Passed and approved at the regular meeting of the City Council on the ____ day of ____, 2022, by the following roll call vote:
6 MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
_____________________ __________________________
Niel Locke, City Clerk Duane Strawser, Mayor
APPROVED AS TO FORM:
______________________
Dean J. Pucci, City Attorney