Agenda packet, regular meeting, second session — Nevada City City Council, April 27, 2022

Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY April 27, 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. 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. Action Minutes March 9, 2022 Regular Meeting
Recommended Action: Review and approve

2. Action Minutes April 13, 2022 Regular Meeting
Recommended Action: Review and approve

3. Fire Activity Report—March 2022
Recommended Action: Receive and file

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. Consideration of Adoption of Resolution No. 2022-26: A Resolution of the City Council of the City of Nevada City Approving Compensation Ranges for Authorized Positions
Recommended Action: Adopt the resolution

6. Consideration of Adoption of Resolution No. 2022-27: A Resolution of the City Council of the City of Nevada City Adopting a List of Projects for Fiscal Year 2022-23 Funded by SB 1: the Road Repair and Accountability Act Of 2017.

Recommended Action: Adopt the Resolution which approves the list of projects appoints the City Manager to execute all documents, and authorizes the the City Engineer to execute and submit all technical items for the funds.

7. Consideration of Adoption of Resolution No. 2022-28: A Resolution of the City Council of the City of Nevada City Authorizing the Grant Application, Acceptance, and Execution for the Well Irrigation and Treated Water Use Reduction Project
Recommended Action: Adopt the resolution

8. Request Approval to Purchase Submersible Mixer Pumps from Pac Machine Company in the amount of $17,858.72 for Nevada City Wastewater Plant Aeration Basins.

Recommended Action: Approve purchase of submersible mixer pumps CONSENT ITEMS FORWARD: Items pulled from the Consent Agenda will be discussed individually with action taken by separate motion.

PUBLIC HEARINGS: (none)
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

9. Discussion to Consider an Extension of Permitting for Temporary Outdoor Dining, Temporary Tents, and Process for a Possible Permanent Ordinance Pertaining to Outdoor Dining in the City Right-of-Way
Recommended Action: Discuss and determine whether to extend the permitting for continued outdoor dining and whether to direct staff to initiate a permanent ordinance pertaining to outdoor dining in the City right-of-way.

10. Request Approval to Purchase a Police Vehicle from the City of Grass Valley and Authorize Expenditures for Vehicle Engine Replacement Recommended Action: Approve the purchase and authorize the expenditures

11. Consideration of Adoption of Resolution No. 2022-29: Resolution of Intent of the City of Nevada City To Annex Properties on Old Downieville Road and on State Highway 49 Recommended Action: Adopt the Resolution approving an Intent to Annex those properties shown on Resolution Exhibit A

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 April 27, 2022 Regular Meeting of the Nevada City City Council was posted April 22, 2022 at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.

Signed April 22, 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 April 27, 2022 6:30 P.M.

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

1. Public Television Channel 17

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

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

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

ANNOUNCEMENT OF ACTION FROM CLOSED SESSION

1. Action Minutes March 9, 2022 Regular Meeting
Recommended Action: Review and approve

2. Action Minutes April 13, 2022 Regular Meeting
Recommended Action: Review and approve

3. Fire Activity Report—March 2022
Recommended Action: Receive and file

8. Request Approval to Purchase Submersible Mixer Pumps from Pac Machine Company in the amount of $17,858.72 for Nevada City Wastewater Plant Aeration Basins.

Recommended Action: Approve purchase of submersible mixer pumps CONSENT ITEMS FORWARD: Items pulled from the Consent Agenda will be discussed individually with action taken by separate motion.

PUBLIC HEARINGS: (none)
Notice to the Public:

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

BUSINESS

CITY MANAGER, COUNCILMEMBER REPORTS AND FUTURE AGENDA ITEMS

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

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

ACTION MINUTES
REGULAR CITY COUNCIL MEETING OF MARCH 09, 2022
NOTE: This meeting is available to view on the City’s website www.nevadacityca.gov – Go to Quick Links and Click on Agendas & Minutes and find the Archived Videos in the middle of the screen. Select the meeting date and Click on Video to watch the meeting. For website assistance, please contact Gabrielle Christakes, Deputy City Clerk at (530) 265-2496, ext 133. - City Council Meetings are available on DVD. To order, contact City Hall - cost is $15.00 per DVD. - Closed Session Meetings are not recorded.

CLOSED SESSION – 5:32 PM Call to Order
Nothing to report
REGULAR MEETING – 6:31 PM - Call to Order

NISENAN TRIBE RECOGNITION
PLEDGE OF ALLEGIANCE:

Roll Call: Present: Mayor Strawser, Vice Mayor Fleming, Council Members Minett and Petersen, Fernández
ADOPTION OF THE AGENDA:

PRESENTATIONS:

Presentation of Proclamation to the Nevada Theatre for its Continued Work in its Interior Renovation and Support of Local Artisans
BUSINESS FROM THE FLOOR:

PUBLIC COMMENT (Per Government Code Section 54954.3)
Please refer to the meeting video on the City’s website at www.nevadacityca.gov.

CONSENT ITEMS:

1. Action Minutes February 23, 2022 Regular Meeting
Recommended Action: Review and approve

2. Accounts Payable—February 2022
Recommended Action: Receive and file

3. Police Activity Report—February 2022
Recommended Action: Receive and file

4. Building Activity Report—February 2022
2 Recommended Action: Receive and file

5. 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

6. Notification Requirements of Assembly Bill 481 Requiring Military Equipment Use Policy and Submittal of Draft Policy
Recommended Action: Receive and file
Action: Motion by Fleming, seconded by Minett to approve Consent Items 1-6. (Approved 5-0, - Roll call votes ayes; Minett, Strawser, Petersen, Fleming, Fernández

PUBLIC HEARINGS

7. Public Hearing On 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 public hearing, waive reading of the ordinance, ready by title only, introduce by title only and schedule for second reading and adoption for March 23, 2022

8. Public Hearing to Adopt Resolutions Approving the 2021/2022-2025/2026 Capital Improvement Program (CIP); Position Allocations for Fiscal Year 2021/2022 and Adopting a Master Compensation Schedule
Recommended Action: Adopt the following resolutions:

Resolution No. 2022-16: A Resolution of the City Council of the City of Nevada City Approving the 2021/2022-2025/2026 Capital Improvement Program Action: Motion by Minett, seconded by Petersen to Approve Resolution 2022-16 of the City Council of the City of Nevada City Approving the 2021/2022-2025/2026 Capital Improvement Program (Approved 5-0, - Roll call votes ayes; Minett, Strawser, Petersen, Fleming, Fernández Resolution No. 2022- 17: A Resolution of the City Council of the City of Nevada City Approving Position Allocations for Fiscal Year 2021-2022 Action: Motion by Minett, seconded by Fernández to Approve Resolution2022-17 of the City Council of the City of Nevada City Approving Position Allocations for Fiscal Year 2021-2022 (Approved 5-0, - Roll call votes ayes; Minett, Strawser, Petersen, Fleming, Fernández Resolution No. 2022-18: A Resolution of the City Council of the City of Nevada City Adopting a Master Compensation Schedule
Action: Motion by Minett, seconded by Petersen to Approve Resolution 2022-18 of the City Council of the City of Nevada City Adopting a Master Compensation Schedule (Approved 5-0, - Roll call votes ayes; Minett, Strawser, Petersen, Fleming, Fernández

BUSINESS
3 9. Consideration of Amended Council Policies and Standards Recommended Action: Review and adopt by motion to be effective on adoption Action: Motion by Minett, seconded by Fernández to Adopt Amended Council Policies and Standards (Approved 5-0, - Roll call votes ayes; Minett, Strawser, Petersen, Fleming, Fernández

10. Update on Nevada County Courthouse Discussions to Maintain the Courthouse at its Current Location for Historic Preservation and Economic Stability Recommended Action: Hear verbal report with possible direction to staff and Mayor Strawser representing the City on the Judicial Council committee reviewing options for siting of a new county courthouse
10a Consideration of Resolution No. 2022-20: A Resolution of the City Council of the City OF Nevada City, California Authorizing the Examination of Transactions (Sales) and Use Tax Records
Recommended Action: Adopt resolution
Action: Motion by Minett, seconded by Fernández to Adopt Resolution 2022-20 of the City Council of the City of Nevada City, California Authorizing the Examination of Transactions (Sales) and Use Tax Records (Approved 5-0, - Roll call votes ayes; Minett, Strawser, Petersen, Fleming, Fernández

11. Consideration of Resolution No. 2022-19: A Resolution of the City Council of the City of Nevada City, California, Celebrating the Success of the 2022 Nevada City Mardi Gras Parade and Fair and Affirming Support for and Commitment to a Just, Equitable, Diverse and Inclusive Nevada City
Recommended Action: Adopt resolution
Action: Motion by Minett, seconded by Fleming to Adopt Resolution 2022-19 Celebrating the Success of the 2022 Nevada City Mardi Gras Parade and Fair and Affirming Support for and Commitment to a Just, Equitable, Diverse and Inclusive Nevada City Of Nevada City, California Authorizing the Examination of Transactions (Sales) and Use Tax Records
(Approved 5-0, - Roll call votes ayes; Minett, Strawser, Petersen, Fleming, Fernández CITY MANAGER, COUNCILMEMBER REPORTS AND FUTURE AGENDA ITEMS Verbal Reports Given ADJOURNMENT: 8:07 PM
AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Duane Strawser, Mayor
ATTEST:
____________________________
Niel Locke, City Clerk
1 CITY OF NEVADA CITY

ACTION MINUTES
REGULAR CITY COUNCIL MEETING OF APRIL 13, 2022
NOTE: This meeting is available to view on the City’s website www.nevadacityca.gov – Go to Quick Links and Click on Agendas & Minutes and find the Archived Videos in the middle of the screen. Select the meeting date and Click on Video to watch the meeting. For website assistance, please contact Gabrielle Christakes, Deputy City Clerk at (530) 265-2496, ext 133. - City Council Meetings are available on DVD. To order, contact City Hall - cost is $15.00 per DVD. - Closed Session Meetings are not recorded.

CLOSED SESSION – Cancelled
REGULAR MEETING – 6:31 PM - Call to Order

NISENAN TRIBE RECOGNITION
PLEDGE OF ALLEGIANCE:

Roll Call: Present: Mayor Strawser, Vice Mayor Fleming, Council Members Minett and Petersen, Fernández
ADOPTION OF THE AGENDA:

Action: Motion by Fleming, seconded by Fernández to adopt the agenda as presented. (Approved 5-0, - Roll call votes ayes; Minett, Strawser, Petersen, Fleming, Fernández PRESENTATIONS:

Proclamation: A Proclamation Honoring the Grand Opening and Ribbon Cutting of Lika's Quarter Cafe BUSINESS FROM THE FLOOR:

PUBLIC COMMENT (Per Government Code Section 54954.3)
Please refer to the meeting video on the City’s website at www.nevadacityca.gov.

CONSENT ITEMS:

1. Action Minutes March 23, 2022 Regular Meeting
Recommended Action: Review and approve

2. Accounts Payable—February 2022
Recommended Action: Receive and file

3. Police Activity Report—February 2022
2 Recommended Action: Receive and file

4. Building Activity Report—February 2022
Recommended Action: Receive and file

6. Consideration of Resolution No. 2022-22: A Resolution of the City Council of the City of Nevada City to Extend for 60 Days Resolution No. 2022-13 Declaring the Existence of a Local Emergency Due to the December 27, 2021 Snow Storm Recommended Action: Adopt resolution

7. Sierra Academy Graduation, Parade and Street Closure Request 2022 Recommended Action: Review and authorize Sierra Academy graduation, parade, and street closure request per application

8. Consideration of Adoption of Resolution No. 2022-24: A Resolution of the City Council of the City of Nevada City for the Approval of the Regional Transportation Mitigation Fee Program Inflation Adjustment Recommended Action: Adopt the resolution

9. Approve Purchase of Tarps for the City Swimming Pool in an Amount of $14,540.41 Recommended Action: Approve purchase of tarps for the City swimming pool from the lowest total cost vendor Lincoln Aquatics

10. Notice of Public Hearing with California Regional Water Quality Control Board for Waste Discharge Permit Renewal for the City of Nevada City’s Wastewater Treatment Plant Recommended Action: Receive and file the notice

11. Consideration of Adoption of Resolution No. 2022-22: A Resolution of the City Council of the City of Nevada City Affirming the City Manager’s Finding of Exception to the City’s Personnel Code Policy 2120 “Hiring of Relatives”
Recommended Action: Adopt the resolution affirming the City Manager’s findings

12. Second Reading and Adoption 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 second reading and adopt ordinance Action: Motion by Minett, seconded by Fernández to approve Consent Items 1-12. (Approved 5-0, - Roll call votes ayes; Minett, Strawser, Petersen, Fleming, Fernández 3 PUBLIC HEARINGS

13. Appeal of a Planning Commission Decision to Deny a Map Amendment Request to Relocate and Add a Driveway to Serve an Existing Residence at 230 American Hill Road Recommended Action: By motion do one of the following:

Adopt Resolution 2022-XX to Uphold the Planning Commission Decision: Motion to deny the appeal and a map amendment request to relocate and add a driveway to serve an existing residence at 230 American Hill Road because the approval of this driveway location would require substantial demolition and alteration of the distinctive site feature of a rock wall along the front of the property. That demolition and reconstruction would be inconsistent with the requirements of the City code found in Title 15, section 15.12.010 which states “The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed.” As the applicant already has approved access to the site and voluntarily purchased the property with full knowledge of the approved access, staff recommends denial of this appeal and uphold the decision of the planning commission.

Action: Motion by Minett, seconded by Petersen to Uphold the Planning Commission Decision. (Approved 5-0, - Roll call votes ayes; Minett, Strawser, Petersen, Fleming, Fernández

14. Public Hearing on Ordinance No. 2022-05: An Uncodified Urgency Ordinance of the City Council of the City of Nevada City, California Adopting a Military Equipment Policy of the City of Nevada City, California Governing the Use of Military Equipment and Declaring it an Urgency Measure to Take Effect Immediately upon Adoption.

Recommended Action: Waive reading of Ordinance 2022-05, read by title only, and adopt an Urgency Ordinance of the City of Nevada City adopting a military equipment policy and declaring the Ordinance to be an emergency measure to take effect immediately upon adoption.

Action: Motion by Minett, seconded by Fleming to adopt an Urgency Ordinance of the City of Nevada City adopting a military equipment policy and declaring the Ordinance to be an emergency measure to take effect immediately upon adoption.
(Approved 5-0, - Roll call votes ayes; Minett, Strawser, Petersen, Fleming, Fernández

BUSINESS

15. Receive a Presentation from the Nevada City Chamber of Commerce on Special Events Through 2022 and Consider Approval of Applications.

Recommended Action: Hear presentation and approve special event applications with conditions as provided.

Action: Motion by Fernández, seconded by Petersen to approve special event applications with conditions as provided.
(Approved 5-0, - Roll call votes ayes; Minett, Strawser, Petersen, Fleming, Fernández

16. Update on Nevada County Courthouse Discussions to Maintain the Courthouse at its Current Location for Historic Preservation and Economic Stability Recommended Action: Hear verbal report with possible direction to staff and Mayor Strawser representing the City on the Judicial Council committee reviewing options for siting of a new county courthouse
4 17. Consideration of Adopting Resolution No. 2022-25: A Resolution of the City Council of the City of Nevada City Declaring a continued Stage 3 (Water Shortage Warning) Drought and Implementing Actions set forth in the March 2015 Drought Action Plan: A Water Shortage Contingency Strategy for the City of Nevada City
Recommended Action: Adopt the resolution declaring a continued Stage 3 Drought Action: Motion by Petersen, seconded by Fleming to adopt Resolution 2022-25 Declaring a continued Stage 3 (Water Shortage Warning) Drought and Implementing Actions set forth in the March 2015 Drought Action Plan: A Water Shortage Contingency Strategy for the City of Nevada City. (Approved 5-0, - Roll call votes ayes; Minett, Strawser, Petersen, Fleming, Fernández CITY MANAGER AND COUNCILMEMBER REPORTS: Verbal report provided ADJOURNMENT: 8:59 PM
AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Duane Strawser, Mayor
ATTEST:
____________________________
Niel Locke, City Clerk

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: April 27, 2022 Agenda Item No. 03
Subject: Fire Activity Report – March 2022
From: Sam Goodspeed, Division Chief
Date: April 20, 2022
Reviewed & Approved: STG
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 Report Summary
• 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): Engine 84
9 299 33
Total: 9 Total: 299
Avg: 33.22
Apparatus Resource ID (FD18.1): Rescue 84
15 297 20
Total: 15 Total: 297
Avg: 19.80
Total: 24 Total: 596
Avg: 26.51
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: 04/14/2022 08:32:34 AM
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 1 1.03%
113 - Cooking fire, confined to container 1 1.03%
142 - Brush or brush-and-grass mixture
fire
2 2.06%
Total: 4 Total: 4.12% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 321 - EMS call, excluding vehicle accident
with injury
51 52.58%
324 - Motor vehicle accident with no
injuries.
1 1.03%
356 - High-angle rescue 1 1.03%
Total: 53 Total: 54.64% 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 1.03%
463 - Vehicle accident, general cleanup 4 4.12%
Total: 5 Total: 5.15% 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 1.03%
553 - Public service 2 2.06%
554 - Assist invalid 5 5.15%
Total: 8 Total: 8.25% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Incident Type Category (FD1.21): 6 - Good Intent Call
611 - Dispatched and cancelled en route 15 15.46%
6111 - Monitoring of call only 3 3.09%
622 - No incident found on arrival at
dispatch address
1 1.03%
671 - HazMat release investigation w/no
HazMat
1 1.03%
Total: 20 Total: 20.62% 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 1.03%
743 - Smoke detector activation, no fire -
unintentional
2 2.06%
744 - Detector activation, no fire -
unintentional
3 3.09%
746 - Carbon monoxide detector
activation, no CO
1 1.03%
Total: 7 Total: 7.22% Total: 0.00 Total: 0.00 Total:

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

0.00 Total: 0.00%
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: 04/14/2022 08:03:18 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 1 - Station 1 - City 6
2 - Station 2 - City 21
5 - Station 5 - City 37
NCC 54 4
NCC 84 16
NCC 86 9
NCC 87 3
Other 1
Report Criteria
Is In Brush 5, Chief 5400, Engine 5, Utility 5
Is Equal To Last Month
1 of 1 Printed On: 04/14/2022 08:03:26 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): 3 - Rescue & Emergency Medical Service Incident 321 - EMS call, excluding vehicle accident
with injury
33 84.62%
Total: 33 Total: 84.62% 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 2.56%
463 - Vehicle accident, general cleanup 1 2.56%
Total: 2 Total: 5.13% 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 2 5.13%
Total: 2 Total: 5.13% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Incident Type Category (FD1.21): 7 - False Alarm & False Call 743 - Smoke detector activation, no fire -
unintentional
1 2.56%
746 - Carbon monoxide detector
activation, no CO
1 2.56%
Total: 2 Total: 5.13% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Total: 39 Total: 100.00% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Report Criteria
Is In 5 - Station 5 - City, Nevada City Stn 5
Is Equal To 95959
Is Equal To Last Month
1 of 1 Printed On: 04/14/2022 08:02:56 AM

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: April 27, 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: April 22, 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 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: April 27, 2022 Agenda Item No. 05
Subject: Request to Consider Adoption of Resolution No. 2022-26: A Resolution of the City Council of the City of Nevada City Approving Compensation Ranges for Authorized Positions
From: Joan L. Phillipe
Date: April 20, 2022
Reviewed & Approved:

City Manager: STG
City Attorney:

Recommended Action: Adopt resolution
ISSUE STATEMENT AND DISCUSSION:

On March 9, 2022 Council considered and approved by adoption of Resolution No. 2022-18 a Master Compensation Schedule. Staff indicated at the time that the schedule would be used in preparation of the 2022-2023 Fiscal Year Budget with each position’s current range evaluated and adjusted to the new schedule. That process has been completed and is reflected in the attached Authorized Staffing/Monthly Pay Ranges sheet. Authorized staffing levels will likely change with the adoption of the new budget and will be reflected in a new spreadsheet at that time. Future spreadsheets will provide cumulative data reflecting authorized and funded positions by budget year to provide historical data.

Additionally, effective July 1, 2022 the Records Clerk and Community Service Officer/Code Compliance positions will consolidate to one range: Range 16. The parking enforcement position remains as a part time, hourly position but is being placed on an adjusted range based on review of alignment with other positions: Range 10. This range is to become effective May 1, 2022 at Step B. The position and compensation will be evaluated by the new police chief and as part of the budget process that may result in further recommendation.

If approved, the rates reflected in the resolution attachment are effective July 1, 2022.

FINANCIAL AND/OR POLICY IMPLICATIONS:

Policy has already been established with adoption of Resolution No. 2022-18. The approximate annual cost of implementing the new ranges is $17,000 to be included in the next fiscal year budget. This amount does not include the increased compensation for the City Manager or Police Chief. Nor, does it include already increased compensation for the Administrative Services Officer/Deputy City Clerk, Public Works Superintendent or City Engineer/Public Works Director that occurred with increased responsibilities and were covered by salary savings.

ENVIRONMENTAL CONSIDERATIONS:

N/A
ATTACHMENTS:

Resolution No. 2022-26
RESOLUTION 2022-26

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

COMPENSATION RANGES FOR AUTHORIZED POSITIONS
WHEREAS, the City Council on March 9, 2022 adopted Resolution No. 2022-18: A Resolution of the City Council of the City of Nevada City Adopting a Master Compensation Schedule; and WHEREAS, the master schedule sets in place a logical and consistent progression of compensation for all authorized positions; and
WHEREAS, existing ranges for employees did not fall into the master schedule and were evaluated to be placed on the new schedule at a range most closely aligned with their current pay rate; and WHEREAS, the attached “Position Monthly Compensation Ranges” reflects the new assigned ranges for the city’s current positions to become effective July 1, 2022; and WHEREAS, effective July 1, 2022 the Community Service Officer/Code Compliance position will consolidate with the Records Clerk position at Range 16; and WHEREAS, after review of alignment with other positions, the Parking Enforcement part time position is assigned Range 10, Step B effective May 1, 2022; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Nevada City that the “Position Monthly Compensation Ranges” schedule as attached hereto and made a part hereof by reference as though fully set forth herein is adopted to become effective July 1, 2022.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Nevada City on the 27th day of April 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Duane Strawser
Mayor
ATTEST:
________________________________
Niel Locke
City Clerk

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: April 27, 2022 Agenda Item No. 06
Subject: Consideration of Adoption of Resolution No.
2022-27: A Resolution of the City Council of the City of Nevada City Adopting a List of Projects for Fiscal Year 2022-23 Funded by SB 1: the Road Repair and
Accountability Act Of 2017.

From: Bryan K. McAlister, City Engineer
Date: April 19, 2022
Reviewed & Approved:

City Manager: STG
City Attorney:

Recommended Action: Pass Resolution 2022-27 as follows:

1. Approve the list of projects proposed to be funded with Road Maintenance and Rehabilitation Account (RMRA) in Fiscal Year 2022-23 as described in 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 RMRA 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 RMRA 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 of Nevada City has received $18,797.44 in Road Maintenance and Rehabilitation Account (RMRA) funding in Fiscal Year 2017-18, $59,159.03 funding in Fiscal Year 2018-19, $54,072.66 in RMRA funding in Fiscal Year 2019-20, $58,211.03 in FY 2020-2021, an estimated $58,965 in RMRA funding in Fiscal Year 2021-22 from SB 1 and is expected to receive an estimated $60,000 in RMRA funding in Fiscal Year 2022-23.

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 the City Council. These projects are a carryover from previous years funding with design and construction in progress at various stages of completion. The projects listed include:

1. Commercial Street Improvements (currently under construction)

2. Broad Street Y (scheduled for construction in late spring/ early summer 2023) FINANCIAL AND/OR POLICY IMPLICATIONS:

RMRA funds will be used in accordance with the guidelines set forth by California Transportation Commission. Measure M funds will be used for matching contribution and to provide an original source of funds prior to reimbursement of expenditures by the RMRA apportionment.

ENVIRONMENTAL CONSIDERATIONS:

None.

ATTACHMENTS:
 Resolution 2022-27 A Resolution of the City Council of the City of Nevada City Adopting a List of Projects for Fiscal Year 2022-23 Funded by SB 1: The Road Repair and Accountability Act of 2017
 Project List – Local Streets and Roads Program SB1
RESOLUTION NO. 2022-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, the City of Nevada City has received an allocation of Road Maintenance and Rehabilitation Account (RMRA) fund amounts of $18,797.44 in Road Maintenance and Rehabilitation Account (RMRA) funding in Fiscal Year 2017-18, $59,159.03 funding in Fiscal Year 2018-19, $54,072.66 in RMRA funding in Fiscal Year 2019-20, $58,211.03 in FY 2020-2021, an estimated $58,965 in RMRA funding in Fiscal Year 2021-22 from SB 1 and is expected to receive an estimated $60,000 in RMRA funding in Fiscal Year 2022-23.

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 adopt by Resolution a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and WHEREAS, Streets and Highways Code Section 2034(a)(l) specifies that the project list shall not limit the flexibility of an eligible city or county to fund projects in accordance with local needs and priorities, so long as the projects are consistent with Streets and Highways Code Section 2030(b); 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 from the Road Maintenance and Rehabilitation Account (RMRA) in Fiscal Year 2022-23 as described in Exhibit A.

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 RMRA funds.

PASSED AND ADOPTED at the regular meeting of the City Council of the City of Nevada City on the 27th day of April, 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
Broad Street
07/2020
1/2023 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.

PP02 5018
Broad Street YRoad Maintenance &
Rehabilitation
Matching funds by voterapproved tax ‘Measure S’dedicated exclusively to improvement andmaintenance of NevadaCity’s streets.

Broad Street from Commerical Street to(and including) the intersection of WestBroad Street and East Broad Street. 12/2021 12/2022 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.

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)
* Project Description
?
* Project Location
?
State Senate State Assembly
* Estimated
Completion Date
* Estimated
Useful Life
(# of Yr)
Project Type
?
1 of 8

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: April 27, 2022 Agenda Item No. 07
Subject: Consideration of Adoption of Resolution No. 2022-28:

A Resolution of the City Council of the City of Nevada City Authorizing the Grant Application, Acceptance, and Execution for the Well Irrigation and Treated Water Use Reduction Project
From: Sean Grayson, City Manager
Date: April 22, 2022
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Adopt the resolution
ISSUE STATEMENT AND DISCUSSION:

The Small Community Drought Relief Program (Program) was authorized by the Legislature pursuant to the Budget Act of 2021 (Stats. 2021, ch. 240, § 80) and its Trailer Bill, (Wat. Code, § 13198 et seq.). The Trailer Bill authorized specified state agencies, defined as implementing agencies, subject to an appropriation for these purposes, to make grants and direct expenditures for interim or immediate relief in response to conditions arising from a drought scenario to address immediate impacts on human health and safety and on fish and wildlife resources and to provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies.

The small communities are those that are not supplied by an urban water suppliers as defined in California Water Code (Sec 10617). Urban water suppliers are those that provide drinking water with more than 3,000 connections or more than 3,000 acre-feet per year.

The purpose of the Small Community Drought Relief Program is to provide immediate and near-term financial and technical support to help small communities survive this and future droughts. The City intends to apply for a “Well Irrigation and Treated Water Use Reduction Project” that would equip one or more existing City wells to provide irrigation using well water as a replacement for treated water irrigation. The program does not require a local match although the ultimate project submission may include a local match if needed.

In order to apply for the Small Community Drought Relief Program the City must adopt the included enabling resolution.

FINANCIAL AND/OR POLICY IMPLICATIONS:

Any grant proceeds would be allocated to the proposed project upon receipt. Any matching funds would be proposed from the City’s water fund in the fiscal year 2022-23 budget.

ENVIRONMENTAL CONSIDERATIONS:

None
ATTACHMENTS:

Resolution No. 2022-28
-1-
RESOLUTION 2022-28

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

AUTHORIZING THE GRANT APPLICATION, ACCEPTANCE, AND EXECUTION FOR

THE WELL IRRIGATION AND TREATED WATER USE REDUCTION PROJECT WHEREAS, The City of Nevada City proposes to implement a Well Irrigation and Treated Water Use Reduction Project; and
WHEREAS, the Well Irrigation and Treated Water Use Reduction Project is being implemented in response to a drought scenario, as defined by Water Code section 13198(a) and is intended to: (1) address immediate impacts on human health and safety; (2) address immediate impacts on fish and wildlife resources; or, (3) provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies; and WHEREAS, The City of Nevada City intends to apply for grant funding from the California Department of Water Resources for the Well Irrigation and Treated Water Use Reduction Project; and NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Nevada City as follows:

1. That pursuant and subject to all of the terms and provisions of Budget Act of 2021 (Stats. 2021, ch. 240, § 80), the City of Nevada City City Manager, or designee is hereby authorized and directed to prepare and file an application for funding with the Department of Water Resources, and take such other actions as necessary or appropriate to obtain grant funding. Small Community Drought Relief Program Guidelines, 2021 Department of Water Resources 17

2. The City of Nevada City City Manager, or designee is hereby authorized and directed to execute the funding agreement with the Department of Water Resources and any amendments thereto.

3. The City of Nevada City City Manager, or designee is hereby authorized and directed to submit any required documents, invoices, and reports required to obtain grant funding..

CERTIFICATION I hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Nevada City at the meeting held on April 27, 2022, motion by [member name] and seconded by [member name], motion passed by the following vote:

AYES:

NOES:

ABSENT:

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

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: April 27, 2022 Agenda Item No. 08
Subject: Request Approval to Purchase Submersible Mixer Pumps from Pac Machine Company in the amount of
$17,858.72 for Nevada City Wastewater Plant Aeration
Basins.

From: Bryan McAlister, City Engineer
Date: April 21, 2022
Reviewed & Approved: STG
Recommended Action: Approve purchase of submersible mixer pumps ISSUE STATEMENT AND DISCUSSION:

The Nevada City Wastewater Treatment Plant operates in compliance with the California Regional Water Quality Control Board permit which includes waste discharge effluent limitations and self-monitoring provisions. The treatment process involves biological aeration. There are submersible mixers in the Biological Aeration Basin which is a critical component for the denitrification process. Two mixer pumps are in need of replacement.

City staff solicited a quote for the Wastewater Plant aeration basin mixer from a vendor that specializes in this product. This is sole source because Pac Machine is the primary supplier for City pumps and items of this nature, especially a “Flygt” pump/mixer. The quote for procurement is as follows:

Pac Machine Company
Two pumps - equipment only, installation by City staff ($8,064.00 / Each + Tax/Shipping) = $17858.72 City staff recommends the procurement from Pac Machine Company who has provided a comprehensive quote.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The project will be funded as authorized in the fiscal year 2021/2022 capital outlay appropriations for the wastewater treatment.

ENVIRONMENTAL CONSIDERATIONS:

None
LEGAL REVIEW:

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

ATTACHMENTS:

Quotes for Submersible Mixer Pumps from Pac Machine Company

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: April 27, 2022 Agenda Item No. 09
Subject: Discussion to Consider an Extension of Permitting for Temporary Outdoor Dining, Temporary Tents, and Process for a Possible Permanent Ordinance Pertaining to Outdoor Dining in the City Right-of-Way
From: Sean Grayson, City Manager
Date: April 22, 2022
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Discuss and determine whether to extend the permitting for continued outdoor dining and whether to direct staff to initiate a permanent ordinance pertaining to outdoor dining in the City right-of-way.

ISSUE STATEMENT AND DISCUSSION:

Urgency Ordinance 2021-06 was adopted on June 23, 2021 to allow outdoor dining on public and private property by permit as a pandemic exception to existing ordinances that would otherwise address outdoor dining. The timeframe for the ordinance has been extended multiple times and is now set to expire on April 30, 2022. The Council could choose, as a matter of policy, to end the current outdoor dining permits.

Alternatively, the Council could choose to make a final extension to the existing dining permits.

Although the long-term impact of COVID-19 is not known, despite the growing numbers under some variants in California, essentially all COVID-19 restrictions have been or will be rolled back by the orders of the Governor and the California Department of Public Health. The permanent continuation of the existing outdoor dining by permit in Nevada City would not be consistent with existing local, state and federal codes and laws.

If a long-term outdoor dining option is desired, the City should implement an ordinance that creates specific criteria for dining or other consumption purposes on both private and public property. The ordinance should address design requirement; compliance with relevant building, fire, electrical and other codes; the cost basis for the lease of public right-of-way (parking spaces or otherwise); locations of private and public permissive use; the maximum amount of permissive use; and all other relevant requirements. In order to achieve this the proposed regulations would be required to be evaluated and recommended by the Planning Commission and then introduced by ordinance at a public hearing before the City Council. The ordinance would go into effect 30 days after the second reading of the ordinance before the City Council.

If it were desirable to avoid a break in permission between the current urgency ordinance on outdoor dining and the permanent ordinance, given the implementation requirements it would be recommended that the existing permitting be extended until September 6, 2022. Under this timeline it would be anticipated that the new ordinance would come before the Planning Commission in May and June, the City Council in July and go into effect by September 6, 2022.

If the existing permitting were to be extended it is recommended that the extension only be available for existing permit holders and that they be required to reapply for a no-fee permit to cover the extension period.

The temporary permitted use of tents for outdoor dining in the right-of-way has been problematic from an enforcement, compliance, aesthetic, and maintenance perspective. If the current permitting is extended it is recommended that the allowance of the use of tents be removed from the permitting process during the extension period.

Listening sessions, surveys and direct discussions were conducted with restaurant and retail businesses in conjunction with the Chamber of Commerce. There was consensus support for continuing outdoor dining and establishing a permanent ordinance. There were concerns related to parking, bus parking, access, cost for the permanent ordinance solutions, among others. If the City pursues a permanent ordinance the process will include public deliberation by the Planning Commission and City Council and should include additional outreach to ensure all concerns are noted in the process.

FINANCIAL AND/OR POLICY IMPLICATIONS:

Any extension of the outdoor dining permitting would have a per parking spot impact on revenue. The value of land use, revenue loss and other related financial impacts of a future permanent ordinance on outdoor dining would be identified in the ordinance development process for the City Council’s consideration.

ENVIRONMENTAL CONSIDERATIONS:

None
ATTACHMENTS:

Urgency Ordinance No. 2021-06
ORDINANCE NO. 2021-06

AN URGENCY ORDINANCE OF THE CITY OF NEVADA CITY,

CALIFORNIA, AUTHORIZING THE OUTDOOR OPERATION OF A

QUALIFYING BUSINESS (RESTAURANTS AND FOOD

ESTABLISHMENTS) PURSUANT TO A SPECIAL TEMPORARY OUTDOOR

DINING PERMIT AND GRANTING THE CITY MANAGER TEMPORARY

LAND USE AUTHORITY TO IMPLEMENT THE TEMPORARY OUTDOOR

DINING PERMIT, AND DECLARING THE ORDINANCE TO BE AN

EMERGENCY MEASURE TO TAKE EFFECT IMMEDIATELY UPON

ADOPTION
WHEREAS, international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named "SARSCOV2," and the disease it causes has been named "coronavirus disease 2019," abbreviated COVID19 ("COVID-19")•, and
WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID19, and on March 4, 2020, the Nevada County Board of Supervisors and the Department of Public Health Officer declared a public health emergency in Nevada County due to COVID-19. On March 5, 2020, the Director ofthe Civil Defense and Disaster Council ofNevada City declared a local emergency due to COVID-19, which was ratified by the City Council at its March 1 1, 2020 City Council meeting. On March 12, the President of the United States declared a state of national emergency; and
WHEREAS, during the COVID-19 emergency, the Governor has made various orders to protect public health and safety, including the May 19, 2020 Executive Order N-33-20 which ordered closure of all non-essential retail businesses (subject to certain exceptions), indoor malls and shopping centers, playgrounds for children, and prohibits all public and private group events and gatherings and requires people to stay home (except for essential activities like buying groceries and obtaining medication) in an effort to stem or slow the spread ofthis communicable virus; and WHEREAS, despite the ability of businesses to gradually re -open in accordance with State and local health requirements, restaurants are limited in their capacity to provide services in their existing facilities due to existing and ongoing social distancing requirements; and WHEREAS, the City Council desires to help facilitate business recovery while maintaining compliance with social distancing guidelines during the COVID- 19 public health emergency by waiving Temporary Outdoor Dining Permit fees and allowing adjusted parking standards for temporary outdoor dining areas; and
WHEREAS, the City has been impacted by the health crisis of this global pandemic. Sporting events, concerts, plays, and conferences have been canceled. School closures have occurred and are continuing. Employees have been advised to work at home. As a result, restaurant and retail business has significantly declined and workers have been impacted by lost wages and layoffs; and WHEREAS, based upon the findings above, the City Council finds that there is a current and immediate need to allow restaurants and other qualifying businesses to use certain outdoor spaces in order to prevent additional harm to restaurants and other qualifying businesses in the City and to allow the public to patronize Nevada City restaurants and other qualifying businesses while complying with social distance requirements, in order to mitigate the threat to and presewe the public health, safety and welfare presented by COVID- 19; and
WHEREAS, the City Council finds and determines that the immediate preservation of the public health, safety and welfare requires this ordinance be enacted as an urgency ordinance pursuant to Government Code Section 36937(b) and take effect immediately upon adoption. As described above, restaurants and other qualifying businesses in Nevada City are facing unprecedented hardships related to COVID- 19 and the shelter -in- place orders. This ordinance needs to become effective immediately to allow the City to permit restaurants and other qualifying businesses to expand into private parking lots and public areas immediately adjacent to said businesses. Therefore, this ordinance is necessary for the immediate preservation of the public peace, health, safety and welfare and its urgency is hereby declared; and
WHEREAS, Section 36937 of the Government Code provides that an ordinance takes effect immediately if it is for the preservation of the public peace, health or safety, containing a declaration of the facts constituting the urgency, and is passed by a four-fifths vote of the city council; and WHEREAS, the City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this ordinance, and the prohibitions, rules and regulations established hereby, may have a significant effect on the environment, because the ordinance only provides for temporary uses of already developed parking lots and public right of way. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061 (b)(3) of the California Code of Regulations. The City Council herby further finds that the uses authorized by this ordinance are minor public or private alterations in the condition of land which do not involve removal of healthy, mature, scenic trees. Therefore, the ordinance is exempt from California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15304(e) of the California Code of Regulations.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEVADA CITY DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Preamble. The City Council finds that all the facts, findings, and conclusions set forth above in this Ordinance are true and correct.

The City Council finds and declares that the adoption of this Ordinance is necessary for the immediate preservation of the public peace, health, and safety based on the facts, findings, and conclusions set forth above in the preamble of this Ordinance. Therefore, the City Council finds and determines that the immediate preservation of the public peace, health, and safety requires that this Ordinance be enacted as an urgency ordinance pursuant to Government Code section 36937 and take effect immediately upon adoption, SECTION 3. Term. This ordinance remains in full force and effect until September 6, 2021 or until this ordinance is rescinded by the City Council, whichever occurs first.

SECTION 4. Definitions. For purposes of this ordinance, the following words and phrases shall have the meanings respectively ascribed to them:
"City Manager" means the City Manager, or his or her designee. "County Orders" means any order or guidance issued by the Nevada County Board of Supervisors or the Nevada County Health Officer.
"Qualifying Business" means any restaurant, food establishment, or bar or winery serving food, which will operate both indoors and outdoors, and in compliance with State and County Orders.
"Special temporary dining permit" means a permit issued by the City and obtained by a Qualifying Business pursuant to Section 5 of this ordinance, and in substantially the form attached hereto as Exhibit A, to serve food or beverages outdoors. "State Orders" means any order or guidance issued by an official of the State of California. "State Orders" shall include the statewide reopening guidance issued by the State of California, including but not limited to State's "Statewide Industry Guidance to Reduce Risk" or County variance guidelines as may change from time to time.

SECTION 5. A Special Temporary Outdoor Dining Permit Required For Outdoor Service.

A. A Qualifying Business serving food or beverages onsite and outdoors within the City shall obtain a special temporary outdoor dining permit prior to operation.

B. Any Qualifying Business operating onsite and outdoors pursuant to a special temporary outdoor dining permit must comply with all State and County Orders and the terms and conditions of the special temporary outdoor dining permit.

SECTION 6.

A. A Qualifying Business may apply for a special temporary outdoor dining permit by submitting an application to the City Manager, on a form approved by the City Manager. The application shall be accompanied by any additional information required by the City Manager.

B. Any Qualifying Business applying for a special temporary outdoor dining permit may, in connection with its application for a temporary outdoor dining permit, request a reduction or a modification to the business parking space requirement to allow the serving of food or beverages outdoors.

C. The City Manager shall consider any application submitted for a special temporary outdoor dining permit. In the City Manager's discretion, the application for a special temporary outdoor dining permit may be approved or denied. The City Manager may approve an application for a special temporary outdoor dining permit only if the operation of the Qualifying Business will be in compliance with the reopening protocol of the State of California and the County of Nevada and the public health and safety of the City will not be threatened.

D. If the application for a special temporary outdoor dining permit is approved, the City Manager shall issue a temporary outdoor dining permit. The City Manager may issue a temporary outdoor dining permit on any terms the City Manager deems necessary to ensure compliance with all State Orders and County Orders and to protect the public health and safety of the City.

E. The temporary outdoor dining permit issued pursuant to this ordinance is nontransferable. Only the Qualifying Business for which the temporary outdoor dining permit was issued shall be permitted to operate outdoors.

F. The City Manager may revoke a temporary outdoor dining permit issued pursuant to this ordinance at any time and for any reason.

G, A temporary outdoor dining permit shall not affect the terms, conditions, or validity of a Qualifying Business' conditional use permit.

SECTION 7. Tem or Sidewalk And Parkin Closures.

A. The City Council orders the closure of Commercial Street from the intersection of Commercial Street and Pine Street to the intersection of Commercial Street and Main Street.

B. The City Council grants the City Manager temporary land use authority to implement the necessary rules and regulations for special temporary outdoor dining permits granted to Qualifying Businesses. The City Manager may authorize the temporary closure of parking stalls as necessary for qualifying businesses to operate, subject to applicable federal and state laws and regulations concerning accessibility and traffic control measures, provided no parking stalls currently signed and striped as ADA accessible parking stalls shall be closed on any active street.

C. A 14-foot safety drive aisle on all public streets with outdoor dining must be maintained.

D. No more than two parking spaces on streets open to vehicular traffic directly in front of a Qualifying Business may be requested in an application for a special temporary outdoor dining permit.

SECTION 8. O erational Standards.

A. Temporary outdoor seating is restricted to serving existing, on-site Qualifying Businesses.

B. City staff will conduct a safety inspection for trip and fall or other hazards at each public location requested to be used for outdoor dining.

C. Pedestrian ingress/egress to the subject or other businesses may not be obstructed.

D. Barriers must be installed around approved dining areas located in public parking stalls at all times. Barriers must be no higher than three feet and can be either weighted wine barrels or water troughs that are planted and maintained, or barriers substantially similar in aesthetic, safety and stability as approved by the City Manager.

E. Any extension cords must be OSHA safety standards compliant and secured with threshold type covering to minimize trip and fall or other hazards.

F. No dining facilities shall be placed on sidewalks unless there is a minimum 5-foot clearance between tables and the edge of the sidewalk to ensure compliance with ADA mandates, and all ADA requirements must be met.

G. Any service of alcoholic beverages in these temporary dining areas shall be subject to approval by, and the rules and regulations of, the Department of Alcohol and Beverage Control.

H. No tents or canopies are allowed on public property, and any existing tent or canopy shall be removed from public property prior to the issuance of a special temporary outdoor dining permit.

I. Weighted umbrellas are acceptable but must be limited in size to the approximate size of the table.

J. Businesses which are permitted to have indoor entertainment shall maintain all such entertainment inside the premises, with no amplification or speakers to broadcast or pipe the entertainment to the outdoor areas.

K. Any music provided to the outdoor dining area shall be performed at a sound level not to exceed 70 decibels (dBA) at 25 feet from the source. Qualifying Businesses holding a valid Outdoor Dining Permit may provide music no louder than the above standard until, and no later than, 9:00 pm Sunday through Thursday and 10:00 pm on Friday and Saturday.

SECTION 9. Enforcement. A violation of this ordinance or a special temporary outdoor dining permit constitutes an imminent threat to the public health and is hereby declared to be a public nuisance and shall be subject to abatement or administrative remedies set forth in Chapter 1.22 of the City of Nevada City Municipal Code, as well as any other legal or equitable remedies available to the City to enforce this Ordinance.

SECTION 10. Uncodified Ordinance. This Ordinance shall not be codified in the Nevada City Municipal Code.

SECTION 11. Inconsistences. Any provision of the Nevada City Municipal Code or appendices thereto inconsistent with the provisions of the Ordinance, to the extent of such inconsistencies and no further, are suspended or modified to that extent necessary to affect the provisions of this Ordinance, but only during the term of this Ordinance.

SECTION 12. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. The City Council of the City of Nevada City declares that it would have adopted all the provisions of this ordinance that remain valid if any provisions of this ordinance are declared invalid.

SECTION 13. Effective Date. This Ordinance shall take effect immediately upon its adoption.

SECTION 14. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.

PASSED, APPROVED AND ADOPTED this 23rd day of June 2021 by the following vote:

AYES: Minett, Strawser, Fernandez, Petersen
NOES: ABSENT: Fleming
ABSTAIN:

ATTEST:

Dean J. Pucci, City Attorney
Niel Locke, City erk

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: April 27, 2022 Agenda Item No. 10
Subject: Request Approval to Purchase a 2016 Chevrolet
Tahoe Police Vehicle from the City of Grass Valley,
Authorize Expenditures for Vehicle Engine Replacement and Related Upfitting; and Authorize the City Manager to
Approve any Additional Expenses Within the Total Project Authorization of $34,000.

From: Ted Stec – Interim Police Chief
Date: April 18, 2022
Reviewed & Approved:

City Manager: STG
City Attorney:

Recommended Action: Approve the purchase and authorize the related expenditures ISSUE STATEMENT AND DISCUSSION:

The Nevada City Police Department (NCPD) needs to shore up its police vehicle fleet as a matter of routine and in anticipation of new officers being hired. The pandemic and resulting supply chain issues have created delays in acquiring and upfitting new police vehicles, which has caused law enforcement agencies to pivot temporarily with fleet management.

NCPD located a 2016 Chevy Tahoe police vehicle that Grass Valley Police Department (GVPD) had placed in an out-of-service status due to a premature engine failure. New vehicles GVPD ordered last year have arrived therefore, the 2016 Tahoe became available to surplus.

The 2016 Tahoe is substantially upfitted with the common emergency vehicle equipment and overall, is in good shape. The premature engine failure in those year models is remedied with a readily available new and updated factory engine that comes with a three-year warranty. NCPD has already experienced this engine failure issue in another vehicle and had good luck with the replacement process. Purchasing this Tahoe and immediately having a new engine installed would bridge a gap in our vehicle fleet while we continue to acquire new vehicles.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The COPS/SLESF account would provide all funding for the purchase and related expenses:
$12,000 to Grass Valley Police Department for the 2016 Chevy Tahoe police vehicle $10,000 (estimation) to a Chevy dealership for a new engine $ 2,000 (estimation) for possible secondary upgrades
$ 10,000 City Manager authorization, if needed, on related expenses to place the vehicle in service
Once placed in service, insurance, ongoing maintenance, and operations expenses will be covered by the existing City budget.

ENVIRONMENTAL CONSIDERATIONS:

N/A
ATTACHMENTS:

City of Grass Valley staff report to surplus the 2016 Tahoe and sell to NCPD – approved City of Grass Valley
City Council
Agenda Action Sheet
Title: Adopt Resolution No. 2022-17 Declaring Vehicles of the City of Grass Valley Surplus.

Recommendation: that council 1) Adopt Resolution No 2022-17 declaring a police vehicle as surplus and authorize disposition
Prepared by: Alex Gammelgard – Chief of Police
Council Meeting Date: 04/12/2022 Date Prepared: 04/06/2022 Agenda: Consent
Background Information: Pursuant to Government Code Section 37350, the City may declare items as surplus. The City of Grass Valley Police Department (GVPD) has a patrol vehicle to be considered surplus in that the engine in the vehicle is no longer serviceable and would require replacement to be placed back in service, at an approximately cost of $10,000. The GVPD is in possession of a replacement new vehicle (pending upfitting for patrol), thereby allowing the vehicle in question to be taken out of service (surplus).

Prior to arranging for auction of the unserviceable vehicle, the Nevada City Police Department (NCPD) inquired as to the availability of any GVPD vehicles that may be serviceable for patrol use. The vehicle in question was shown to NCPD staff and NCPD desires to take possession of the vehicle in order to repair the engine and utilize it for patrol service.

The GVPD Chief and NCPD Chief have come to a verbal agreement on the sale price of the vehicle at $12,000.00. The fair market value (in running condition), as listed by Kelly Blue Book online is $21,900. The estimated repair cost for a new engine is approximately $10,000.

This action accomplishes the goals of GVPD and NCPD in that it efficiently accomplishes the surplus of a used GVPD patrol car while providing an economical and expeditious opportunity for NCPD to acquire a usable (after repair) patrol vehicle provided scarcity of new vehicles on the market. Grass Valley Municipal Code section

3.08.220 allows for the sale of city property for market value and “as is” without warranty, express or implied.

Council Goals/Objectives: The execution of this Resolution achieves Strategic Goal #5- High Performance Government and Quality Services.

Page 31 ends

Item # 8.

Fiscal Impact: Revenues generated by sale of vehicle will offset future vehicles purchases/upfitting costs by the Police Department.

Funds Available: N/A Account #: 200-201
Reviewed by: ____ City Manager
Attachments: -Resolution 2022-17

Page 32 ends

Item # 8.

RESOLUTION NO. 2022-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY DECLARING

EQUIPMENT SURPLUS AND AUTHORIZING DISPOSITION OF EQUIPMENT WHEREAS, The City Council may, pursuant to Government Code Section 37350, from time to time declare as surplus property certain personal property of the City which for reasons of wear and tear, defect or obsolescence deems the item unsafe or no longer useful to the City; and
Whereas, sections 3.08.220 to 3.08.270 of the Grass Valley Municipal Code authorize the disposal of surplus City property; and
WHEREAS, whenever the Council declares such personal property as surplus it may dispose of same when said disposal is for the benefit of the City and its constituents.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRASS VALLEY, as follows:

1. That all of the above recitals are true and correct.

2. That the attached list of equipment is no longer needed for municipal purposes and is hereby considered surplus.

The City Manager is hereby authorized to dispose of the subject equipment in a costeffective manner.

ADOPTED as a resolution of the City Council of the City of Grass Valley at a regular meeting held on the 5th day of April 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING: ____________________________
Ben Aguilar, Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________ ____________________________ Michael G. Colantuono, City Attorney Taylor Day, Deputy City Clerk

Page 33 ends

Item # 8.

SURPLUS VEHICLE
VEHICLE # YEAR/MAKE/MODEL LICENSE# OPERABLE CONDITION FUEL #268 2016 Chevrolet Tahoe 1512051 No FAIR – 87,849
miles
(bad engine)
Unleaded

Page 34 ends

Item # 8.

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: April 27, 2022 Agenda Item No. 11
Subject: Consideration of Adoption of Resolution No. 2022- 29: Resolution of Intent of the City of Nevada City To Annex Properties on Old Downieville Road and on State Highway 49 From: Amy Wolfson, City Planner
Date: April 18, 2022
Reviewed & Approved: STG
Recommended Action: Adopt the Resolution approving an Intent to Annex those properties shown on Resolution Exhibit A
ISSUE STATEMENT AND DISCUSSION:

The City is currently providing City sewer and/or water service to several properties outside city limits, and Tahoe National Forest Headquarters will be relocating to a new facility on Highway 49 which will require connection to City sewer. The City intends to ultimately annex its entire sphere of influence and these areas represent those that should be prioritized due to the existing provided services:
• Area A (Approx. 38 acres): Three County-owned parcels on State Highway 49, including the County Juvenile Hall, which is currently connected to City sewer, and two adjacent and vacant County-owned properties including a future lease site for Tahoe National Forest Headquarters.

Annexation Area A also includes the Right-of-Way on State Highway 49 along the frontage of the three County-owned parcels.
• Area B (Approx 5.5 acres): Three private residential properties and two City-owned parcels on Old Downieville Highway. Three residential properties are and one residential property is currently served by City sewer. Annexation Area B also includes the Right-of-Way of Old Downieville Highway and Champion Road along the frontage of the three residential parcels and two Cityowned parcels.

RESOLUTION OF INTENT:

If resolved to do so by the attached Resolution of Intent, Council will authorize staff to proceed with a pre-zone recommendation for the subject properties. After such time that the Planning Commission makes a recommendation, the City Council will ultimately determine pre-zoning for the subject properties. At that time the City Council may also act on a Resolution of Application to begin the annexation process with the Local Area Formation Commission (LAFCo) staff.

FINANCIAL AND/OR POLICY IMPLICATIONS:

There is no immediate fiscal impact with the adoption of a Resolution of Intent to Annex. However, the subsequent pre-zoning and annexation will require staff time to process. The applicant has filed a prezoning application including fees that are intended to cover the cost of processing the rezoning request.

ENVIRONMENTAL CONSIDERATIONS:

LAFCo Executive Director, SR Jones, has indicated support for a Notice of Exemption for the proposed annexation so long as the pre-zoning remains consistent with current County zoning, which is anticipated by staff.

ATTACHMENTS:

Resolution 2022-29: Resolution of Intent to Annex Properties on Old Downieville Road and on State Highway 49
Resolution Exhibit A: Draft annexation map
1 RESOLUTION 2022-29

RESOLUTION OF INTENT OF THE CITY OF NEVADA CITY

TO ANNEX PROPERTIES ON OLD DOWNIEVILLE ROAD
AND ON STATE HIGHWAY 49
WHEREAS, that property referenced as “Area A,” consists of approximately 38 acres and three parcels owned by the County of Nevada, one of which is developed with their Juvenile Hall facility for which the city currently provides sewer service, and including approximately 23 acres of adjacent vacant property owned by the County of Nevada for which sewer is readily available; and WHEREAS, that property referenced as “Area B,” consists of approximately 5.5 acres with three private residential parcels, of which the City currently provides water service and one of which the City currently provides sewer service, on Old Downieville Highway; and WHEREAS, the County of Nevada has made a formal request to annex “Area A” and the City staff recommends inclusion of the those properties shown as “Area B” through a joint annexation application to LAFCo; and
WHEREAS, said properties are all within the Nevada City Sphere of Influence as approved by Nevada County LAFCo to promote logical and orderly development in LAFCo Resolution No. 20-05 adopted November 19, 2020; and
WHEREAS, the Nevada City General Plan states it to be the City’s intention to ultimately include its entire sphere of influence within its boundaries and that each proposal for annexation will be judged individually on its physical, fiscal, and aesthetic compatibility with the goals and policies of the City of Nevada City.

NOW THEREFORE BE IT RESOLVED, by the City Council as the governing body of the City of Nevada City that it is the intent and desire of Nevada City to annex the properties described above and as shown on Exhibit A, attached hereto, and that staff is authorized to process the requested territory for pre-zoning and to return after such processing with a Resolution of Application to annex at an appropriately noticed Public Hearing.

PASSED AND ADOPTED by the City Council of the City of Nevada City held on 27h of April 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Duane Strawser, Mayor
ATTEST: _________________________________
Niel Locke, City Clerk
SHEET 1 OF 2 SHEETS Scale 1"=200' RECORDED AT THE REQUEST OF S.R. JONES, EXECUTIVE OFFICER OF NEVADA COUNTY LOCAL AGENCY FORMATION COMMISSION, AT ____________ A.M./P.M. THIS _______ DAY OF _______________, 2022, IN BOOK _____ OF SURVEYS AT PAGE _____, NEVADA COUNTY RECORDS. DOCUMENT NO.:______________________ FEE:_____________ BY:__________________________________ NEVADA COUNTY CLERK-RECORDER GREGORY J. DIAZ THIS MAP WAS PREPARED OR UNDER THE DIRECTION OF: _______________________________ ROBERT J. LAWLESS, PLS 8928 RECORDER'S STATEMENT APPROVED BY NEVADA COUNTY LOCAL AGENCY FORMATION COMMISSION. RESOLUTION NUMBER, ___________________ DATE: _______________ THIS MAP, WHEN RECORDED, WAS ACCOMPANIED BY A CERTIFICATE OF COMPLETION, PREPARED PURSUANT TO SECTIONS 57200-51202 OF THE GOVERNMENT CODE, TO WHICH WAS ATTACHED A CERTIFIED COPY OF THE BOUNDARY DESCRIPTION OF THE TERRITORY SHOWN ON SAID MAP. THE CERTIFICATE OF COMPLETION IS RECORDED AS DOCUMENT NO. ______________________, NEVADA COUNTY RECORDS. _____________________________ S.R. JONES EXECUTIVE OFFICER, L.A.F.C.O. NEW CITY BOUNDARY EXISTING CITY BOUNDARY ADJOINING PROPERTY P.O.B. POINT OF BEGINNING ANNEXATION #______ CITY OF NEVADA CITY A PORTION OF SECTIONS 11 & 12, TOWNSHIP 16 NORTH, RANGE 8 EAST, M.D.M. IN THE UNINCORPORATED AREA OF THE COUNTY OF NEVADA, STATE OF CALIFORNIA SCALE 1"=200' DUNDAS GEOMATICS, INC. MARCH 2022 159 S. AUBURN ST. GRASS VALLEY, CA 95945 (5530) 274-1616 _____________________________ DATE LEGEND RED DOG RD BROAD ST EAST WEST OLD DOWNIEVILLE HWYZION ST DEER CREEK NEVADA CITY CEMENT HILL SHEET 2 OF 2 SHEETS Scale 1"=200' ANNEXATION #______ CITY OF NEVADA CITY A PORTION OF SECTIONS 11 & 12, TOWNSHIP 16 NORTH, RANGE 8 EAST, M.D.M. IN THE UNINCORPORATED AREA OF THE COUNTY OF NEVADA, STATE OF CALIFORNIA SCALE 1"=200' DUNDAS GEOMATICS, INC. MARCH 2022 159 S. AUBURN ST. GRASS VALLEY, CA 95945 (5530) 274-1616 NEW CITY BOUNDARY EXISTING CITY BOUNDARY ADJOINING PROPERTY P.O.B. POINT OF BEGINNING LEGEND

Nevada City City CouncilApril 27, 2022

Nevada City City Council
April 27, 2022