Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY May 25, 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 NOTICE TO THE PUBLIC: Please be advised that the Council Chambers are currently open to the public. This meeting is accessible to the public in person, via Zoom video conference, via YouTube, or on the local government cable channel 17. Individual City Council members may participate remotely in accordance with applicable open meeting law requirements. In-person meetings will be conducted in accordance with local and State Department of Public Health orders and guidance and requirements of the California Division of Occupational Safety and Health (CalOSHA).
The public is encouraged to participate or observe this meeting by:
1. Attending this meeting in person at the City of Nevada City Council Chambers located at 317 Broad Street Nevada City, California.
2. Attending this meeting via Zoom video conference by linking to the following site:
https://us02web.zoom.us/j/89009138474 or,
by telephone: Dial 1-669-900-9128 Webinar ID: 890 0913 8474
3. Observing this meeting live from the City of Nevada City YouTube channel at:
https://www.youtube.com/channel/UCXSQwrXtey12YIl3IbyGMYQ
4. Observe this meeting live from the local government cable channel 17 Public comments may be made:
1. In person: Live at the meeting. Members of the public desiring to speak on a matter appearing on the agenda should ask the Mayor for the opportunity to be heard when the item comes up for Council consideration. Comments for all agenda items are limited to a speaking time of three minutes.
2. Via Zoom: If you choose to join the City Council Meeting via Zoom video conference you will be able to utilize the “Raise Hand”. If joining by telephone: Dial 1-669-900-9128 Webinar ID: 890 0913 8474, dial *9 to “Raise Hand”. The Mayor will call on those who wish to speak at the appropriate time, not to exceed three minutes.
3. In writing: 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:
• Full Name
• Address (specific or general, ie: resident in unincorporated Nevada City) • The item number that you are commenting on
Any writing that is a public record that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at City Hall, 317 Broad Street, Nevada City, California during normal business hours. Government Code § 54957.5(b)(1). Copies will also be provided at the appropriate meeting.
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 530-265-0187 Extension 133. 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].
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)
PRESENTATIONS
Proclamation: A Proclamation Honoring the Grand Opening and Ribbon Cutting of The Acupuncture Spot
Proclamation: A Proclamation Honoring the 75th Anniversary of the Nevada City Lion’s Club and Their Community Contributions
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 May 11, 2022 Regular Meeting
Recommended Action: Review and approve
2. Fire Activity Report April 2022
Recommended Action: Receive and file
3. Consideration of an Updated Special Event Street Closure Request from the Nevada City Chamber of Commerce for the 2022 Art Walk Events Recommended Action: Review, approve, and authorize the updated street closure requests per the submitted request
4. Consideration of a Bandshell Rental Request to Include Extended Hours for the KVMR Mini Celtic Festival on September 10, 2022 from 2:00pm to 8:00pm Recommended Action: Review, approve, and authorize the bandshell rental and extended hours request per the submitted application
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. Consideration of Adoption of Resolution No. 2022-32: A Resolution of the City Council of the City of Nevada City Approving the Subrecipient Agreement with the Nevada County Transportation Commission for Transportation Planning and Authorize the Mayor to Sign
Recommended Action: Adopt resolution
7. Consideration of Adoption of Resolution No. 2022-33: Regional Surface Transportation Program (RSTP) Claim for the Commercial Street Phase 2 Street Improvement Project in the Amount of $92,000
Recommended Action: Adopt resolution
8. Consideration of Adoption of Resolution No. 2022-34: Local Transportation Fund (LTF) Claim for Pedestrian and Bicycle Facilities Funds for the Commercial Street Phase 2 Street Improvement Project in the Amount of $61,500
Recommended Action: Adopt resolution
9. Consideration of Adoption of Resolution No. 2022-35: A Resolution Requesting the Nevada County Transportation Commission (NCTC) Allocate $126,063 of the City’s Fiscal Year 2022/23 Local Transportation Funds (LTF) for Public Transportation.
Recommended Action: Adopt resolution
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.
10. Conduct a Public Hearing in Consideration of Ordinance No. 2022-06: An Ordinance of the City Council of the City of Nevada City, State of California, Amending Chapter
3.08 (“Purchasing”) of Title 3 (“Revenue and Finance”) of the City of Nevada City Municipal Code, Relating to Purchasing Procedures; and
Consideration of Resolution No. 2022-36: A Resolution of the City Council of the City of Nevada City, California, Adopting Purchasing Policies to Implement a Revised Purchasing Ordinance
Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for June 8, 2022; adopt the resolution.
11. Conduct a Public Hearing in Consideration of Ordinance No. 2022-07: Ordinance of the City of Nevada City Amending Sections of Chapter 12.02 (“Encroachments on Public Right-of-Way”) of Title 12 (“Streets, Sidewalks and Public Places”) Regarding Resurfacing of Streets and Sidewalks
Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for June 8, 2022.
BUSINESS
12. Consideration of Resolution No. 2022-37: A Resolution of the City Council of the City of Nevada City Declaring Every November in Nevada City Nisenan Heritage Month and Direct Staff on Property Acquisition Under the Nisenan Land Back Initiative and Related Activities
Recommended Action: Adopt the Resolution and provide direction to staff
13. Receive a Report from the Nevada City Fire Safety Advisory Committee; Authorize the City Manager to Execute Contracts for Adoption of the Drummond and Broad Street Slivers; Authorize Vegetation Management Activities for the Drummond Sliver in an Amount Not-To-Exceed $9,000; and Provide Staff Direction on the Committee’s Recommendations
Recommended Action: Receive the report, authorize the approval of the contracts, authorize the vegetation management activities on the slivers and provide staff direction.
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 Councilmember to extend the time.
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 May 25, 2022 Regular Meeting of the Nevada City City Council was posted May 20, 2022 at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed May 20, 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 May 25, 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 NOTICE TO THE PUBLIC: Please be advised that the Council Chambers are currently open to the public. This meeting is accessible to the public in person, via Zoom video conference, via YouTube, or on the local government cable channel 17. Individual City Council members may participate remotely in accordance with applicable open meeting law requirements. In-person meetings will be conducted in accordance with local and State Department of Public Health orders and guidance and requirements of the California Division of Occupational Safety and Health (CalOSHA).
The public is encouraged to participate or observe this meeting by:
1. Attending this meeting in person at the City of Nevada City Council Chambers located at 317 Broad Street Nevada City, California.
2. Attending this meeting via Zoom video conference by linking to the following site:
https://us02web.zoom.us/j/89009138474 or,
by telephone: Dial 1-669-900-9128 Webinar ID: 890 0913 8474
3. Observing this meeting live from the City of Nevada City YouTube channel at:
https://www.youtube.com/channel/UCXSQwrXtey12YIl3IbyGMYQ
4. Observe this meeting live from the local government cable channel 17 Public comments may be made:
1. In person: Live at the meeting. Members of the public desiring to speak on a matter appearing on the agenda should ask the Mayor for the opportunity to be heard when the item comes up for Council consideration. Comments for all agenda items are limited to a speaking time of three minutes.
2. Via Zoom: If you choose to join the City Council Meeting via Zoom video conference you will be able to utilize the “Raise Hand”. If joining by telephone: Dial 1-669-900-9128 Webinar ID: 890 0913 8474, dial *9 to “Raise Hand”. The Mayor will call on those who wish to speak at the appropriate time, not to exceed three minutes.
3. In writing: 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:
• Full Name
• Address (specific or general, ie: resident in unincorporated Nevada City) • The item number that you are commenting on
Any writing that is a public record that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at City Hall, 317 Broad Street, Nevada City, California during normal business hours. Government Code § 54957.5(b)(1). Copies will also be provided at the appropriate meeting.
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 530-265-0187 Extension 133. 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].
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)
PRESENTATIONS
Proclamation: A Proclamation Honoring the Grand Opening and Ribbon Cutting of The Acupuncture Spot
Proclamation: A Proclamation Honoring the 75th Anniversary of the Nevada City Lion’s Club and Their Community Contributions
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 May 11, 2022 Regular Meeting
Recommended Action: Review and approve
2. Fire Activity Report April 2022
Recommended Action: Receive and file
3. Consideration of an Updated Special Event Street Closure Request from the Nevada City Chamber of Commerce for the 2022 Art Walk Events Recommended Action: Review, approve, and authorize the updated street closure requests per the submitted request
4. Consideration of a Bandshell Rental Request to Include Extended Hours for the KVMR Mini Celtic Festival on September 10, 2022 from 2:00pm to 8:00pm Recommended Action: Review, approve, and authorize the bandshell rental and extended hours request per the submitted application
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. Consideration of Adoption of Resolution No. 2022-32: A Resolution of the City Council of the City of Nevada City Approving the Subrecipient Agreement with the Nevada County Transportation Commission for Transportation Planning and Authorize the Mayor to Sign
Recommended Action: Adopt resolution
7. Consideration of Adoption of Resolution No. 2022-33: Regional Surface Transportation Program (RSTP) Claim for the Commercial Street Phase 2 Street Improvement Project in the Amount of $92,000
Recommended Action: Adopt resolution
8. Consideration of Adoption of Resolution No. 2022-34: Local Transportation Fund (LTF) Claim for Pedestrian and Bicycle Facilities Funds for the Commercial Street Phase 2 Street Improvement Project in the Amount of $61,500
Recommended Action: Adopt resolution
9. Consideration of Adoption of Resolution No. 2022-35: A Resolution Requesting the Nevada County Transportation Commission (NCTC) Allocate $126,063 of the City’s Fiscal Year 2022/23 Local Transportation Funds (LTF) for Public Transportation.
Recommended Action: Adopt resolution
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.
10. Conduct a Public Hearing in Consideration of Ordinance No. 2022-06: An Ordinance of the City Council of the City of Nevada City, State of California, Amending Chapter
3.08 (“Purchasing”) of Title 3 (“Revenue and Finance”) of the City of Nevada City Municipal Code, Relating to Purchasing Procedures; and
Consideration of Resolution No. 2022-36: A Resolution of the City Council of the City of Nevada City, California, Adopting Purchasing Policies to Implement a Revised Purchasing Ordinance
Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for June 8, 2022; adopt the resolution.
11. Conduct a Public Hearing in Consideration of Ordinance No. 2022-07: Ordinance of the City of Nevada City Amending Sections of Chapter 12.02 (“Encroachments on Public Right-of-Way”) of Title 12 (“Streets, Sidewalks and Public Places”) Regarding Resurfacing of Streets and Sidewalks
Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for June 8, 2022.
BUSINESS
12. Consideration of Resolution No. 2022-37: A Resolution of the City Council of the City of Nevada City Declaring Every November in Nevada City Nisenan Heritage Month and Direct Staff on Property Acquisition Under the Nisenan Land Back Initiative and Related Activities
Recommended Action: Adopt the Resolution and provide direction to staff
13. Receive a Report from the Nevada City Fire Safety Advisory Committee; Authorize the City Manager to Execute Contracts for Adoption of the Drummond and Broad Street Slivers; Authorize Vegetation Management Activities for the Drummond Sliver in an Amount Not-To-Exceed $9,000; and Provide Staff Direction on the Committee’s Recommendations
Recommended Action: Receive the report, authorize the approval of the contracts, authorize the vegetation management activities on the slivers and provide staff direction.
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 Councilmember to extend the time.
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 May 25, 2022 Regular Meeting of the Nevada City City Council was posted May 20, 2022 at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed May 20, 2022 at Nevada City, California
____________________________________________________________ Gabrielle Christakes, Administrative Services Manager/Deputy City Clerk Honoring the Grand Opening and Ribbon Cutting of The Acupuncture Spot
PROCLAMATION
WHEREAS, business initiation, development, growth and expansion are important threads that bind strong communities, and The Acupuncture Spot is open for business at 206 Providence Mine Road Suite 115; and
WHEREAS, The Acupuncture Spot, is new business joining the existing breath and variety of businesses within the City and specifically the 7-Hills Business District; and WHEREAS, Danielle Bouchor is the owner/proprietor of The Acupuncture Spot having her established business from San Francisco to Nevada City; and
WHEREAS, Danielle has stated that, “I love being able to give back to the community by helping individuals feel their best – whether that’s tackling complex health issues or pain or supporting their general wellbeing”; and WHEREAS, a grand opening and ribbon cutting ceremony will be held at The Acupuncture Spot on June 4, 2022 at 4pm; and
WHEREAS, the grand opening and ribbon cutting ceremony will be an opportunity for the City, community, visitors, and other businesses to visit and enjoy The Acupuncture Spot; and WHEREAS, the City Council and the City of Nevada City wish to recognize and applaud businesses as investors in our community;
NOW, THEREFORE, be it resolved that the City Council of the City of Nevada City does hereby honor the opening of The Acupuncture Spot and urges those who visit, live, work, and play in Nevada City to Spend Local by patronizing The Acupuncture Spot and all of our Nevada City businesses, or by attending the grand opening and ribbon cutting ceremony on June 4, 2022.
Dated this 25th day of May 2022
______________________________________
Duane Strawser
Mayor
Honoring the 75th Anniversary of the Nevada City Lions Club
PROCLAMATION
WHEREAS, Lions Clubs International is the world's largest service club organization with 1.4 million members in approximately 47,000 clubs; and
WHEREAS, upholding the motto "We Serve", Lions are men and women who volunteer their time to meet humanitarian needs, encourage peace and promote international understanding through participation in club activities; and
WHEREAS, chartered in 1947, the Nevada City Lions Club continues to uphold the legacy and principles of the founding members; and
WHEREAS, this year marks the 75th Anniversary of the Nevada City Lions Club; and WHEREAS, for 75 years the Nevada City Lions Club has provided outstanding and commendable leadership and service, enriching the City and surrounding community as a whole. They continue to demonstrate the principles of altruism and generosity, making this a great place to live; and WHEREAS, the Nevada City Lions Club has volunteered in support of the Pioneer Park basketball court, the Seaman’s Lodge stove, and other projects in service to the City’s recreation assets; and WHEREAS, the Nevada City Lions Club has provided activities from planting maple trees to distributing U.S. flags, from supporting Eagle Scout projects to beautifying the Nevada County Narrow Gauge Railroad, and beyond; and
WHEREAS, observance of this anniversary provides an opportunity to extend the gratitude our community feels for many valuable contributions made by the Nevada City Lions Club; NOW, THEREFORE, BE IT RESOLVED that the that the City Council of the City of Nevada City does hereby recognize the 75th Anniversary of the Nevada City Lions Club and encourages all those who visit, live, work, and play in Nevada City to recognize the Nevada City Lions Club for their generous civic and community service.
Dated this 25th day of May 2022
______________________________________
Duane Strawser
Mayor
1 CITY OF NEVADA CITY
ACTION MINUTES
REGULAR CITY COUNCIL MEETING OF MAY 11, 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 – Direction to Staff
Adjourned: 5:31PM
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
Absent: Fernández
ADOPTION OF THE AGENDA:
Action: Motion by Fleming, seconded by Minett to adopt the agenda as presented. (Approved 4-0, - Roll call votes ayes; Minett, Strawser, Petersen, Fleming PRESENTATIONS:
Proclamation: A Proclamation Honoring the Grand Opening and Ribbon Cutting of Java John’s
Proclamation: A Proclamation Honoring the Grand Opening and Ribbon Cutting of Leni’s Beauty Apothecary
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:
2 1. Action Minutes April 27, 2022 Regular Meeting
Recommended Action: Review and approve
2. Accounts Payable—April 2022
Recommended Action: Receive and file
3. Police Activity Report—April 2022
Recommended Action: Receive and file
4. Building Activity Report—April 2022
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. Consideration of the Special Event Street Closure Request for Pride Flag and Dance Events
Recommended Action: Review, approve, and authorize the street closure requests per the submitted applications
7. Consideration of the Purchase of Chlorine Tabs from Aqua Source in an Amount Not-ToExceed $5,566.14 Recommended Action: Approve the purchase authorization
Action: Motion by Minett, seconded by Petersen to approve Consent Items 1-7.
Approved 4-0, - Roll call votes ayes; Minett, Strawser, Fleming. Councilmember Petersen PUBLIC HEARINGS - None
BUSINESS
8. Consideration of a Request from Magic Lantern Corporation DBA Nevada City Film Festival for Use of Pioneer Park Bandstand and Adjacent Field for the “Movies Under the Pines” Outdoor Film Exhibition June 10 & 24, July 8 & 22, and August 12 & 26, 2022 and In-Kind Sponsorship of Event by Waiver of Fees
Recommended Action: Approve use of Pioneer Park Band Stand and Authorize In-Kind Sponsorship of the event by waiving use fees in the amount of $1,080.
Action: Motion by Minett, seconded by Fleming to Approve use of Pioneer Park Band Stand and Authorize In-Kind Sponsorship of the event by waiving use fees in the amount of $1,080 Approved 3-0, - Roll call votes ayes; Minett, Strawser, Fleming. Councilmember Petersen recused himself due to proximity to Pioneer Park
3 9. Consideration of Adopting Resolution No. 2022-30: A Resolution of the City Council of the City of Nevada City Establishing a New Social Media Policy by Superseding and Replacing Resolution 2018-32
Recommended Action: Adopt the resolution and direct the implementation of the new policy.
Action: Motion by Petersen, seconded by Minett to Adopt the resolution and direct the implementation of the new policy.
Approved 4-0, - Roll call votes ayes; Minett, Strawser, Fleming, Petersen
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.
Action: Verbal report provided
CITY MANAGER AND COUNCILMEMBER REPORTS: Verbal report provided ADJOURNMENT: 7:28 PM
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Duane Strawser, Mayor
ATTEST:
____________________________
Niel Locke, City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: May 25, 2022 Agenda Item No. 02
Subject:
Fire Activity Report – April 2022
From:
Sam Goodspeed, Division Chief
Date:
May 18, 2022
Reviewed & Approved:
Recommended Action:
Receive and File
ISSUE STATEMENT AND DISCUSSION:
The attached Fire Activity Report reviews the monthly responses for Nevada City Fire Station 5.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Not applicable.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
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): B5112
1 25 25
Total: 1 Total: 25
Avg: 25.00
Apparatus Resource ID (FD18.1): B5113
2 17 9
Total: 2 Total: 17
Avg: 8.50
Apparatus Resource ID (FD18.1): Brush 89
2 41 21
Total: 2 Total: 41
Avg: 20.50
Apparatus Resource ID (FD18.1): Engine 521
1 2 2
Total: 1 Total: 2
Avg: 2.00
Apparatus Resource ID (FD18.1): Engine 523
1 5 5
Total: 1 Total: 5
Avg: 5.00
Apparatus Resource ID (FD18.1): Engine 84
8 93 12
Total: 8 Total: 93
Avg: 11.63
Apparatus Resource ID (FD18.1): Engine 86
2 28 14
Total: 2 Total: 28
Avg: 14.00
Apparatus Resource ID (FD18.1): Engine 88
1 7 7
Total: 1 Total: 7
Avg: 7.00
Apparatus Resource ID (FD18.1): Engine 89
1 10 10
Total: 1 Total: 10
Avg: 10.00
Apparatus Resource ID (FD18.1): Rescue 84
17 308 18
Total: 17 Total: 308
Avg: 18.12
Total: 36 Total: 536
Avg: 12.17
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: 05/14/2022 08:28:28 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
113 - Cooking fire, confined to container 1 1.11% 300.00 0.00 300.00 100.00% 131 - Passenger vehicle fire 1 1.11%
141 - Forest, woods or wildland fire 1 1.11%
Total: 3 Total: 3.33% Total: 300.00 Total: 0.00 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
50 55.56%
322 - Motor vehicle accident with injuries 3 3.33%
323 - Motor vehicle/pedestrian accident
(MV Ped)
1 1.11%
324 - Motor vehicle accident with no
injuries.
2 2.22%
Total: 56 Total: 62.22% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 411 - Gasoline or other flammable liquid
spill
1 1.11%
412 - Gas leak (natural gas or LPG) 2 2.22%
463 - Vehicle accident, general cleanup 2 2.22%
Total: 5 Total: 5.56% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 5 - Service Call
553 - Public service 1 1.11%
554 - Assist invalid 1 1.11%
Total: 2 Total: 2.22% 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 10.00%
6111 - Monitoring of call only 3 3.33%
652 - Steam, vapor, fog or dust thought to
be smoke
1 1.11%
671 - HazMat release investigation w/no
HazMat
1 1.11%
Total: 14 Total: 15.56% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 7 - False Alarm & False Call 734 - Heat detector activation due to
malfunction
1 1.11%
735 - Alarm system sounded due to
malfunction
2 2.22%
736 - CO detector activation due to
malfunction
1 1.11%
743 - Smoke detector activation, no fire -
unintentional
1 1.11%
744 - Detector activation, no fire -
unintentional
2 2.22%
745 - Alarm system activation, no fire -
unintentional
3 3.33%
Total: 10 Total: 11.11% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Total: 90 Total: 100.00% Total: 300.00 Total: 0.00 Total:
300.00
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 2 Printed On: 05/14/2022 08:03:08 AM
2 of 2 Printed On: 05/14/2022 08:03:08 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 1
2 - Station 2 - City 27
5 - Station 5 - City 34
NCC 54 2
NCC 84 10
NCC 86 10
NCC 87 6
Report Criteria
Is In Brush 5, Chief 5400, Engine 5, Utility 5
Is Equal To Last Month
1 of 1 Printed On: 05/14/2022 08:03:14 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): 1 - Fire
113 - Cooking fire, confined to container 1 2.56% 300.00 0.00 300.00 100.00% 131 - Passenger vehicle fire 1 2.56%
Total: 2 Total: 5.13% Total: 300.00 Total: 0.00 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 56.41%
Total: 22 Total: 56.41% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 411 - Gasoline or other flammable liquid
spill
1 2.56%
412 - Gas leak (natural gas or LPG) 1 2.56%
444 - Power line down 1 2.56%
Total: 3 Total: 7.69% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 5 - Service Call
553 - Public service 1 2.56%
Total: 1 Total: 2.56% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 6 - Good Intent Call
611 - Dispatched and cancelled en route 6 15.38%
622 - No incident found on arrival at
dispatch address
1 2.56%
Total: 7 Total: 17.95% 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 2.56%
736 - CO detector activation due to
malfunction
1 2.56%
743 - Smoke detector activation, no fire -
unintentional
1 2.56%
744 - Detector activation, no fire -
unintentional
1 2.56%
Total: 4 Total: 10.26% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Total: 39 Total: 100.00% Total: 300.00 Total: 0.00 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: 05/14/2022 08:03:05 AM
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: May 25, 2022 Agenda Item No. 03
Subject: Consideration of an Updated Special Event Street Closure Request from the Nevada City Chamber of Commerce for the 2022 Art Walk Events
From: Sean Grayson, City Manager
Date: May 20, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Review, approve, and authorize the updated street closure requests per the submitted request
ISSUE STATEMENT AND DISCUSSION:
On April 13, 2022, the City Council approved the Nevada City Chamber of Commerce request for 2022 special events and street closures. On May 16, 2022 the City received a letter from the Nevada City Chamber of Commerce asking to update the street closures for the Art Walk Events on June 3, July 1, August 5, and September 2, 2022. The proposed event hours are 5:00pm to 9:30pm with setup beginning at 3:30pm and take down by 10:30pm. The existing street closure requests remain unchanged, but due to the changes in the dimensions of Commercial Street the request now includes the use of Pine Street in the same configuration as Mardi Gras.
The proposed street closure for the events includes:
- Pine Street between Broad Street and Commercial
The Nevada City Chamber of Commerce has polled the impacted businesses on Pine Street, as noted in their request letter, and received favorable response to the updated request.
FINANCIAL AND/OR POLICY IMPLICATIONS:
No additional fees will be collected in relation to the updated street closure request.
ENVIRONMENTAL CONSIDERATIONS:
None
ATTACHMENTS:
Letter Requesting Additional Street Closures for Art Walk 2022 2022 Approved Street Closure/Special Event Application and staff conditions Sean Grayson
City Manager
City of Nevada City
317 Broad Street
Nevada City, CA 95959
RE: Street change for Art Walk on June 3, July 1, August 5, and September 2 (5-9PM) Sean,
We are requesting a change of streets where the monthly summer Art Walk will occur.
The reason for our request relates to the new configuration of Commercial Street. The new sidewalk widths make the street less accommodating to vendor booths: The new sidewalks and the street are each now too narrow to place the booths. Previously, with narrower sidewalks, there was enough room to have the booths on the street. We did not realize this when we submitted our original application, as the construction had yet to begin.
The Chamber reached out via email to all the adjacent merchants on Thursday, May 12th. We told them about all the nights this would potentially affect them. This includes those fronting Broad Street and the Off Broad playhouse.
The only two responses I received were:
Ken Page (Friar Tuck’s): “I don’t have a problem with that.” John Driscoll (Off Broad): “That will be fine as long as they [patrons] can still get out of York Street.” [the answer is yes]
Please let me know if you have any other questions.
Thanks,
Stuart
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: May 25, 2022 Agenda Item No. 04
Subject: Consideration of a Bandshell Rental Request to Include Extended Hours for the KVMR Mini Celtic Festival on September 10, 2022 from 2:00pm to 8:00pm.
From: Dawn Zydonis, Parks & Recreation Manager
Date: May 12, 2022
Reviewed & Approved:
STG
Recommended Action: Review, approve, and authorize the bandshell rental and extended hours request per the submitted application
ISSUE STATEMENT AND DISCUSSION:
The City Council adopted updated Facility Rental Policies at the February 23, 2022 Council Meeting.
The Policies identify a four-hour time limit for “Public Events, Amplified Music or Large Events” but also provide that the City Council may authorize an exemption from those policies and that any exception must be approved in advance by the City Council.
KVMR has requested to rent the Bandshell at Pioneer Park on Saturday, September 10, 2022 for a Mini Celtic Festival. The request includes an exemption to the time limit for the event. The event that KVMR is planning is tentatively scheduled for 2:00-8:00pm for a total of six hours or two hours greater than the limit of four hours. Most of the music for the event is acoustic or lightly amplified. The schedule for the event is as follows:
8:00 am Setting up
12-1 pm Sound check Introductions by Annie & Jerianne - Spoken word 2:00 pm Stage announcements & introductions -
2:15 pm Youth Arts Ensemble Acoustic music from area youth. Lightly amplified 2:45 pm Stage Announcements Spoken Word
3:00 pm Band -lightly amplified
3:55 pm Stage Announcements - Jerianne & Annie Spoken Word 4:00 pm Band Duo with Vocals
4:55 pm Stage Announcements - Annie & Jerianne - Spoken Word 5:00 pm Non amplified performance youth ensemble
6:00 pm Alasdair Fraser - Solo Fiddle - Lightly amplified 8:00 pm Goodnight speech-lightly amplified
8:15-10pm Clean up
Staff reviewed the event schedule and have noted that the event, although longer than the 4 hour time limit, is consistent with the intent of the exemption request and will be an event that is beneficial to the community. This will be a family friendly event as there are children and youth activities (crafts & face painting) and performances. The hours of the event fall within the allowable timeframe and many of the performances are acoustic or lightly amplified.
KVMR is planning for 1,500 people to attend the event, however that is over the course of the day not all at one time. If they are able to get a sponsorship for a shuttle they will offer that service. KVMR will be encouraging attendees to carpool.
FINANCIAL AND/OR POLICY IMPLICATIONS:
If approved the rental fee paid to the City for this event will be $520.00.
ENVIRONMENTAL CONSIDERATIONS:
None
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Facility Rental Policies
Bandshell Calendar of Events September 2022
1 Nevada City Parks & Recreation
Facility Rental Policies
Contact Information:
For questions or information:
Phone #: 530-265-2496 x129, www.nevadacityca.gov
Facility Addresses (Do NOT mail anything to these addresses.):
Pioneer Park – Bandshell: 421 Nimrod St, Nevada City, CA 95959 Pioneer Park – Picnic Areas: 425 Nimrod St., Nevada City, CA 95959 Pioneer Park – Seaman’s Lodge: 427 Nimrod St, Nevada City, CA 95959 Firehouse #2: 422 Broad St, Nevada City, CA 95959
Robinson Plaza and Calanan Park: Union St, Nevada City, CA 95959 Before Using a Facility:
The following items are required prior to having access to the facility you are renting. If items are not turned in by the required due dates, your event will be cancelled. Details about each checklist item below are included in the Policies. Refer to the Facility Rental Fee Schedule to confirm fees.
Non-Refundable Deposit to reserve rental date: Due within 2 weeks of requesting your date.
Completed Contract: Due 40 days prior to event date. It is recommended to turn it in sooner, so all questions and concerns can be addressed.
Rental Fees & Refundable Security Deposit: Due 30 days prior to event date.
Certificate of Insurance: Due 30 days prior to event date.
Large events at the Bandshell or outdoor areas may require a pre-event meeting. This meeting with City staff must take place at least 60 days prior to the event date. The purpose of the meeting is to discuss special needs & set-up information, confirm fees, and discuss event details.
ABC Alcohol Permit (if selling alcohol): Copy of the Permit is due to the Recreation Department prior to being allowed access to the facility.
Events that are running past 9:00pm must notify neighbors at least 30 days prior to your event date.
In Addition:
• The Contact Person (Day of), named on the contract, must be at least 21 years of age and monitor the facility throughout the entire rental.
• If alcohol will be sold at the event, the Renter is responsible for acquiring a Daily License from ABC (www.abc.ca.gov or call 916-419-1319). You must get a signature from the Recreation Dept. and the Police Dept. Plan ahead to give time to acquire the appropriate signatures. The Police Dept. charges a fee for processing alcohol permit requests. A copy of the permit must be provided to the Recreation Dept.
• If you would like to drop off supplies the day before your event or pick-up supplies the day after your event, those dates and times must be included on your Rental Contract and Proof of Insurance. Additional fees apply.
2 Payments
• Cash and Check payments should be made payable to: City of Nevada City and delivered to City Hall, Attn. Parks & Recreation; 317 Broad St., Nevada City, CA 95959. Write “Parks & Rec” on the memo line. When coming into City Hall, it is the Renters responsibility to know what fees are due as Parks & Recreation staff are not always available and City Hall staff do not have access to this information.
• Recreation staff will email an invoice to the Renter for the non-refundable deposit and all other fees. Payments can be made online. A 3% convenience fee will be added to your total for online payments.
• The Non-refundable Deposit is due within 2 weeks of reserving your event date. This will be credited towards your rental fee. If a rental is allowed within 30 days or less of the rental date, the rental fee will include the Non-refundable Deposit. • Rental fees are due at least 30 days prior to the rental date. • The Refundable Security Deposit is due at least 30 days prior to the rental date. If the Rental Policies are followed and the facility is cleaned as directed, the Refundable Security Deposit will be refunded to the Renter within 30 days of the event or 30 days after the facility key(s) are returned. This refund will be in the form of a check that will be mailed to the name and address provided on the Facility Rental Contract.
• Refunds for cancellations will only be granted up to 30 days prior to the event date, minus the Non-refundable Deposit.
• If forecasted foul weather (rain, smoke, lightening, etc), scheduled power outages or changes in COVID-19 guidelines cause a cancellation of the event, Renters may request a 50% refund of their Rental Fee or transfer fees to another date. There are no refunds or date transfers if foul weather or a power outage interrupt your rental. If another date is not available or a date is not available that works for the Renter, the Renter will receive a 50% refund. • All Rental Contracts that involve ongoing or repeated events for more than a single occasion will be invoiced quarterly and charged a late fee for each month that fees are late. • If rental fees are waived by City Council, renters are still required to complete a Rental Contract, provide proof of insurance, pay the Refundable Security Deposit and follow all Facility Rental Policies.
• Refer to the Facility Rental Fee Schedule for all fees.
Insurance
Proof of insurance is required from all Renters. A current and valid certificate of General Liability Insurance must be provided, in the amount of $1,000,000 and an endorsement (CG2026 or equivalent) naming the City of Nevada City 317 Broad St. Nevada City, CA 95959 (not the facility) as additional insured. Proof of Insurance must be provided at least 30 days prior to the rental date. A sample copy of the required insurance is available on the City’s website.
If you are renting the Bandshell or another outdoor area at Pioneer Park and your event will have more than 400 attendees/participants, a $2,000,000 limit is required.
During Use of the Facility:
• The Renter is responsible for alcohol consumption by event guests. If alcohol is being sold, the Renter is responsible for enforcing and following all ABC regulations. No alcohol is allowed in Firehouse #2.
• No rice, birdseed or confetti can be used inside or around the facility. • No tape of any kind is to be used on floors and walls inside Seaman’s Lodge or Firehouse #2.
Painters tape or Gaff tape can be used at all other facilities. 3 • No tacks, nails or staples are to be put in the walls at any time. • If guidelines are not being followed police or facility management have the authority to shut down the event. There are NO refunds on Rental Fees or the Security Deposit if an event is shut down.
• If Renters do not comply with all Facility Policies, the Security Deposit will be retained and the Renter may be banned from renting City facilities in the future. • Smoking is not allowed inside City facilities, anywhere in Pioneer Park or in Robinson Plaza or Calanan Park per Municipal Code section 8.24.010. Renters are responsible for enforcement of this rule. Posting of signs is encouraged for large events. • Any event charging admission or asking for donations must be a licensed non-profit in good standing with the CA Secretary of State.
• The procedure for monitoring noise levels is provided in Section 8.20 of the City’s Municipal Code.
• Any music, loud voices & other noise must be terminated by the appropriate time for the facility that you are renting. Exceptions must be approved in advance, by City Council. Bandshell: 10:00pm; An exception will be made for movies in the park, as it is understood that it needs to be dark before a movie can start. Movies with a running time longer than
2.25 hours will not be approved.
Seaman’s Lodge: 11:00pm
Picnic Areas or other outdoor spaces at Pioneer Park: 9:00pm Firehouse #2: 10:00pm
Robinson Plaza & Calanan Park: 11:00pm
Public Events, Amplified Music or Large Events
• Events that are requesting an exemption from any policies must be approved in advance by City Council.
• Events that are open to the public, are only allowed at Pioneer Park on Friday’s, Saturday’s, Sunday’s and Holidays.
• The procedure for monitoring noise levels is provided in Section 8.20 of the City’s Municipal Code. The City reserves the right to modify the limits should it be determined the limit applicable to amplified sound is either too restrictive or too lenient. A City Liaison may be on site during the sound check time and during the event to monitor sound levels and will inform event planners if changes need to be made. The sound meter used by this City employee will be the deciding factor for any adjustments to sound.
• Events with amplified music may play recorded music for ½ hour prior to their event. No music, live or recorded, can be played after the 4 hour limit or past the designated end time.
Sound check times must take place during the “Set-up time” included on the Rental Contract. • Events open to the public, having amplified music or expecting more than 200 people are encouraged to have security on site during the event. Security personnel should be independent certified personnel. The City reserves the right to require security personnel. • Events open to the public, having amplified music/sound or expecting more than 200 people are required to provide to the City a flyer/marketing materials and a link to any related websites. Electronic copies of the flyer are acceptable. • Events open to the public should share parking information provided on page 10. • If guidelines are not being followed police or facility management have the authority to shut down the event. There are NO refunds on Rental Fees or Security Deposit if an event is shut down. Renters who have their event shut down will not be allowed to rent in the future. • Renters must provide a map showing the layout/set-up of your event. 4 • Renters may be required to have a pre-event meeting with City Staff at least 60 days prior to your event date.
• Events running past 9:00pm, must notify neighbors at least 30 days prior to your event date.
Flyers or some form of notification to the neighbors is required. See page 9 for a map of the neighbors that should be included.
• Portable Toilets are required for events with 400 people or more. # of people # of portable toilets required
400 people 2
600 people 4
800 people 6
1,000 people 8
• Events with 400 people or more may be required to provide a 2-yard dumpster or haul off their own garbage.
Other:
• Outdoor facilities at Pioneer Park are only rented May-October of each year, weather allowing. • The City does not carry a music license. Any renters playing copy righted music must have their own license to play that music for public events. • Keys to the facility must be picked up at City Hall during business hours. An email will be sent letting the Renter know when the keys are ready to pick up. Keys must be returned to City Hall the first business day following the event, unless approved for later drop off. Keys can also be returned to the drop box that is located outside the front doors of City hall. There is a $100 fee for each lost key.
• Renters may only access the facility during the dates and times listed on their Contract. • All pets must be on leashes. Pets are not allowed inside City facilities unless they are a service animal or part of a training class at that facility. • Items lost or left behind are not the responsibility of the City of Nevada City. • Renters must provide their own supplies & equipment (i.e.: presentation, audiovisual, extension cords, etc.)
• In the event that the Rental Contract provides for ongoing or repeated events using the facility for more than a single occasion, either party may terminate the Rental Contract at any time by giving two weeks advance written notice. Processing fees may apply. If Renter is in violation of Rental Policies, the City reserves the right to cancel at any time. • There may be other events taking place at Pioneer Park on the same day or time as your event. You can find out about some of these events by checking the City’s online reservation calendar: http://www.nevadacityca.gov/facilityview.aspx?fid=43&catid=564, NC Little League website:
http://nevadacitybaseball.com/Org/Home.aspx?d=uSrmLaewjHFDP7ndqSIS%2bw%3d%3d, or calling the swimming pool during the summer season (530-265-8223).
Before leaving the Facility:
• Cleaning Checklist items must be completed (see facility specific pages). • The premises shall be cleaned and vacated by the appropriate time for the facility that you are renting:
Bandshell: Midnight
Seaman’s Lodge: Midnight
Picnic Areas or other outdoor spaces at Pioneer Park: 11:00pm Firehouse #2: 11:00pm
Robinson Plaza & Calanan Park: 11:00pm
5 • Renters that do not follow Facility Rental Policies will forfeit their Refundable Security Deposit.
Renters may also be charged an additional $30 per hour for City staff cleaning time or the cost to replace missing items.
• These are community facilities. Fees are kept low by expecting each person and group who uses the facilities to be good stewards and clean up after their use. Keep in mind that the way you leave the facility is how the next renter or the public is going to find it. If you have any questions about where to find cleaning supplies, please ask in advance of your use. 6 Bandshell
Additional Rental Information
• There should be no vehicles on the lawn at Pioneer Park. Renters will be charged $50 per broken sprinkler head and will lose their Security Deposit if the lawn is damaged. • Event activities may not block tennis court parking lot unless approved in advance. • Renters will be given a key to the gate located next to the tennis courts. This access road is to be used for loading and unloading only. Renters and their participants should not park inside the gate. The service road (entrance from the tennis courts) must remain clear during set-up and during the event for emergency vehicle access.
• Do not leave the lock unlatched. A missing lock will cost $100 of your Security Deposit. • 6 garbage cans & 6 recycle containers with bags are included with rental. • 4 handicap parking barricades are included with rental. • 10 construction barricades are included with the rental • A map showing the field area that is included with a Bandshell rental is on page 7. And a diagram of the electrical outlets is on page 8.
CLEANING CHECKLIST FOR RENTERS
Sweep or pick up any debris & garbage inside the Bandshell, on the stage and around the facility, including the field area included with your rental. Return all items inside the Bandshell to the location where you found them (barricades, garbage cans, recycle bins, etc)
Empty and clean the refrigerator.
Turn off power to outside outlets & lights. Instructions are posted inside the Bandshell. Take full garbage & recycle bags to the dumpster next to Seaman’s Lodge. If garbage or recycling dumpsters are full, renters must remove the bags from the park. Leaving bags, boxes, etc next to dumpsters will result in the loss of your Refundable Security Deposit.
ADDITIONAL CLEANING CHECKLIST FOR GROUPS LARGER THAN 200 PEOPLE Portable Toiltes and rented dumpsters must be picked up by 10:00am on the first business day following your event or at a time approved by City staff. Barricades must be returned to the City Corporation Yard on the first business day following your event or at a time approved by City staff.
All personal items must be removed from the Bandshell by the clean-up end time listed on your Facility Rental Contract.
Areas beyond the Bandshell that may have been used by participants at your event should be checked for messes that you can clean before leaving the park. 7 8
9 Neighbors along the highlighted streets must receive notification of events open to the public that are running past 9:00pm. This notification must take place at least 30 days prior to your event date.
10 11
Firehouse #2
Additional Rental Information
• Firehouse #2 is only available for meetings and classes. This is not an event venue. • Tables and chairs are provided.
• No alcohol is allowed in Firehouse #2.
Facility Details
• Room Capacity is 34
• Room size: approximately 33’ long x 12’ wide
• There are 7 outlets located around the room
• This upstairs room is not ADA accessible.
• Bathroom access is outdoors.
CLEANING CHECKLIST FOR RENTERS
Put all garbage in can. Additional bags are provided if needed. Put all tables and chairs back in the formation that you found them Wipe up any spills on tables, chairs and floors.
Turn off all lights and the heat/AC. The outdoor light may be left on for safety. Close and lock all windows & doors.
12 Picnic Area
Additional Rental Information
• Renters will be given a key to the gate at Picnic-Left & Picnic-Right Areas. (No keys are required for use of the Upper Picnic Area or Tennis Court Picnic Area.) In Picnic-Left this is for loading & unloading purposes only. Renters & participants should park in designated parking lots. In Picnic-Right there are approximately 5 parking spaces near the horseshoe pits. • Do not leave the gate lock unlatched. A lost lock will cost $100 of your Security Deposit. • Power and water are available at Picnic-Left & Picnic-Right. • Renters may request use of Bocce Ball or Petanque equipment with their rental. • Access to electricity in the picnic areas is available on page 14.
Facility Information:
Picnic Tables
• Picnic-Left & Right: there are approximately 12 picnic tables in each area • Upper Picnic Area: typically there are 5 tables in this area • Tennis/ADA Area: 3 tables
CLEANING CHECKLIST FOR RENTERS
Pick up all garbage in and around the Picnic Area and place it in garbage cans. All garbage bags must be in the garbage cans.
Recycling & garbage dumpsters are located next to Seaman’s Lodge if garbage will not fit in cans provided. If garbage or recycling dumpsters are full, renters must remove the bags from the park. Leaving bags, boxes, etc next to dumpsters or on the ground next to garbage cans will result in the loss of your Security Deposit. .
13 14
Robinson Plaza & Calanan Park
Additional Rental Information
• Robinson Plaza and Calanan Park should not be reserved for events where more than 100 participants are expected to attend. If more than the designated number of attendees is expected, additional space should be requested. Additional fees may apply or the event may be denied.
• Food vendors may have carts and booths in the Plaza & Park. All vendors must comply with Environmental Health and Business License policies.
• No walkways should be obstructed at Calanan Park.
• There are no loading zones for Robinson Plaza or Calanan Park. All parking laws must be obeyed.
• If these areas are being used in conjunction with a Special Event/Street Closure, the use of these areas might be managed by the Special Event Application process, but the general guidelines for care that are included in these Policies would be adhered to.
CLEANING CHECKLIST FOR RENTERS
Pick up all garbage from the ground.
Garbage and recycling that does not fit in receptacles at the Plaza & Park must be removed from the site.
No garbage bags may be left on the ground next to the City garbage cans. 15 Seaman’s Lodge
Additional Rental Information
• The building has heat and AC. Instructions for turning on the heat/AC are located on the wall next to the thermostat.
• If participants are outside, voices should be low and considerate of neighboring homes. • Instructions for turning on the stove/oven are posted on the kitchen wall.
Facility Information
Room Capacities
257 assembly
120 dining
Items Available for Renter Use
• 6ft & 8ft, Rectangle Tables
• Metal Folding Chairs
• Podium
• Microwave
• Rolling Cart
• Screen
CLEANING CHECKLIST FOR RENTERS
GENERAL CLEANING CHECKLIST
Put all chairs and tables back to their appropriate spaces. Wipe up any spills on tables, chairs and floors.
Sweep floors. If there are any spills, wipe them up with a cloth. Mop floors using water only, no cleaners or chemicals. Remove all decorations, string, etc. that were used to hang decorations. Empty trash & recycling containers and place in the dumpster outside.* Cardboard should be broken down flat and placed in the dumpster outside.* Turn off all lights and fans.
Close and lock ALL windows and doors.
Close all outside shutters.
KITCHEN CLEANING CHECKLIST
Remove all food from the refrigerator and oven. This includes bags of ice. Wipe up any spills inside the refrigerator and freezer.
Wipe off stove burners & the tray under stove burners Wipe out oven – remove any food scraps or spills
Clean counter tops and sinks
Clean any spills on cabinets or walls
Turn off gas to stove & oven (Directions are posted in the kitchen.) Sweep & mop floor
Empty garbage.* If items miss the bag and spill into the garbage can, wipe out garbage can. * All garbage and recycling must be removed from the facility and placed in the appropriate dumpster. If either dumpster is full the renter must dispose of the garbage and/or recycling on their own. Garbage & recycling may not be left on the ground next to the dumpster.
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: May 25, 2022 Agenda Item No. 05
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: May 6, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Reconfirm 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: May 25 2022 Agenda Item No. 06
Subject: Consideration of Adoption of Resolution No. 2022- 32: A Resolution of the City Council of the City of Nevada City Approving the Subrecipient Agreement with the Nevada County Transportation Commission for Transportation
Planning and Authorize the Mayor to Sign.
From: Bryan K. McAlister, City Engineer
Date: May 25, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Adopt the resolution.
ISSUE STATEMENT AND DISCUSSION:
Nevada City and the Nevada County Transportation Commission (NCTC) are each empowered by law to conduct, participate in and provide regional transportation planning activities and desire to cooperate in the exercise of those powers. NCTC has been awarded Rural Planning Assistance (RPA) and State Transportation Improvement Program (STIP) Planning Programming and Monitoring (PPM) funds administered through the California Department of Transportation (“Caltrans”), to implement and support regional transportation planning activities. The City of Nevada City (Subrecipient) is eligible to apply for and receive state and federal financial assistance and to participate with NCTC, local and state agencies, the general public, and the private sector in planning efforts to identify and plan policies, strategies, programs and actions that maximize and implement the regional transportation infrastructure.
Staff is recommending the Council adopt a Resolution acknowledging its approval of the Subrecipient Agreement with NCTC for transportation planning.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Rural Planning Assistance and State Transportation Improvement Program Planning Programming and Monitoring funds allocated annually to NCTC are available to support the Program.
ENVIRONMENTAL CONSIDERATIONS:
None.
ATTACHMENTS:
Resolution 2022-32
NCTC-Subrecipient Agreement for Transportation Planning Letter from NCTC Requesting Funds
RESOLUTION NO. 2022-32
RESOLUTION APPROVING THE FY 22/23 SUBRECIPIENT AGREEMENT WITH
NEVADA COUNTY TRANSPORTATION COMMISSION FOR TRANSPORTATION
PLANNING AND AUTHORIZE THE MAYOR TO SIGN
WHEREAS, the City of Nevada City and the Nevada County Transportation Commission (NCTC) are each empowered by law to conduct, participate in and provide regional transportation planning activities and desire to cooperate in the exercise of those powers; and
WHEREAS, since 1994 the Nevada County Transportation Commission (NCTC) has had a “Memorandum of Understanding (MOU) Regarding Regional Transportation Planning” in place with its member agencies, the Cities of Grass Valley and Nevada City, the Town of Truckee, and Nevada County. The MOU provides that NCTC will adopt an annual work program after submitting the proposed work program to each party to the MOU for its review and comment. Each party acknowledges its approval of the projects contained in the proposed annual work program by adoption of a resolution.
WHEREAS, during 2015, Caltrans Division of Audits and Investigations conducted a “preaward audit” of NCTC’s management practices. Notwithstanding the MOU that is in place, the Caltrans auditor recommended that NCTC enter into contractual agreements with local agencies that perform work identified in the annual work program. In response to the Caltrans auditor’s recommendation, NCTC’s legal counsel has prepared the attached Subrecipient Agreement between the NCTC and the City of Nevada City.
NOW AND THEREFORE, BE IT RESOLVED the City Council hereby acknowledges its approval of the FY 22/23 Subrecipient Agreement with the Nevada County Transportation Commission for Transportation Planning and authorizes the Mayor to sign.
PASSED AND ADOPTED at a regular scheduled meeting of the City Council of the City of Nevada City held on the 25th day of May, 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
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: 500.1
July 20, 2022
Bryan McAlister, P.E.
City Engineer for Nevada City
317 Broad Street
Nevada City, CA 95959
SUBJECT: FUNDING AGREEMENT #RSTPNevCty072022 BETWEEN NEVADA CITY
AND THE NEVADA COUNTY TRANSPORTATION COMMISSION FOR FY
2022/23 REGIONAL SURFACE TRANSPORTATION PROGRAM (RSTP)
EXCHANGE FUNDS
Dear Mr. McAlister:
This agreement, when countersigned, authorizes the Nevada County Transportation Commission (NCTC) to perform contract management and oversight of the RSTP exchange funds distributed to Nevada City, hereinafter referred to as “RSTP Exchange Recipient”.
The RSTP Exchange Recipient agrees to the following:
1. To use RSTP exchange funds for projects as authorized under Article XIX of the California State Constitution.
2. Establish a special account for the purpose of depositing therein all payments received from NCTC pursuant to this Agreement: (a) for cities within their Special Gas Tax Street Improvement Fund, (b) for counties, within their County Road Fund, and (c) for all other sponsors, a separate account.
3. To return RSTP exchange funds to NCTC if the funds received are not used in accordance with the terms of this agreement.
4. Cost Principles
a. To comply with Office of Management and Budget Supercircular 2 CFR 200, Cost Principles for State and Local Government and the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. b. That (A) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, Et Seq., shall be used to determine the allowability of individual project cost items and (B) those parties shall comply with Federal Administrative Procedures in accordance with 2 CFR 200, Uniform Administrative Requirements for Grants and Cooperative Agreements To State and Local Governments. Every sub-recipient receiving funds as a contractor or sub-contractor under this agreement shall comply with MICHAEL WOODMAN, Executive Director
AARON HOYT, Deputy 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
Grass Valley FY 2022/23 RSTP Subrecipient Funding Agreement #RSTPNevCity072022
Federal administrative procedures in accordance with 2 CFR 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. c. Repay any RSTP exchange fund expenditures for costs that are determined by subsequent audit to be unallowable under Office of Management and Budget Supercircular 2 CFR 200.
Any reimburse fund moneys are due within 30 days of demand, or within such other period as may be agreed in writing between the parties.
5. Third Party Contracting
a. Shall not award a construction contract over $10,000 or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code Sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed.
b. Any subcontract or agreement entered into as a result of disbursing funds received pursuant to this agreement shall contain all of the fiscal provisions of this agreement; and shall mandate that travel and per diem reimbursements and third party contract reimbursements to subcontractors will be allowable as project costs only after those costs are incurred and paid for by the subcontractors.
c. In addition to the above, the pre-award requirements of third party contractor/consultants should be consistent with Local Program Procedures as published by the California Department of Transportation.
6. Accounting System
a. Shall establish and maintain an accounting system and records that properly accumulate and segregate fund expenditures by line item. The accounting system, including contractors and all subcontractors, shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices.
7. Right to Audit
a. For the purpose of determining compliance with this agreement and other matters connected with the performance of contracts with third parties, the RSTP Exchange Recipient, contractors, and subcontractors shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times for three years from the date of final payment of funds. The California Department of Transportation, the California State Auditor, or any duly authorized representative of State of California or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent for audits, examinations, excerpts, and transactions, and shall be furnish copies thereof if requested.
8. Travel and Subsistence
Grass Valley FY 2022/23 RSTP Subrecipient Funding Agreement #RSTPNevCity072022
a. Payments for travel and subsistence expenses claimed for reimbursement or applied as local match credit shall not exceed rates authorized to be paid exempt non-represented State employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced are in excess of those authorized DPA rates, then recipient of funds is responsible for the cost difference and any overpayments shall be reimbursed on demand.
9. Project Completion
a. Agrees to provide to NCTC a report summarizing total project costs and milestones for each project using RSTP Exchange Funds within sixty (60) days of project completion.
If this Funding Agreement meets with your approval, please sign and return two copies. A final signed copy will be provided for your own records. Questions concerning this Funding Agreement should be directed to NCTC Executive Director Dan Landon at (530) 265-3202.
Michael G. Woodman Date
Executive Director
Nevada County Transportation Commission
Bryan McAlister, P.E. Date
City Engineer for Nevada City
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: May 25, 2022 Agenda Item No. 07
Subject: Consideration of Adoption of Resolution No. 2022- 33: Regional Surface Transportation Program (RSTP) Claim for the Commercial Street Phase 2 Street Improvement Project in the Amount of $92,000
From: Bryan McAlister, City Engineer
Date: May 17, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Adopt the resolution
ISSUE STATEMENT AND DISCUSSION:
The Regional Surface Transportation Program (RSTP) was established by the State of California to utilize federal Surface Transportation Program funds for a wide variety of transportation projects. The State allows NCTC to exchange these federal funds for state funds to maximize the ability of local public works departments to use the funds for transportation purposes including: planning, construction, improvement, maintenance, and operation of public streets and highways and pedestrian and bicycle projects. NCTC is responsible for distributing these exchanged funds to the local jurisdictions.
Each year Caltrans notifies NCTC of the amount of RSTP funds that will be available based on federal budget appropriations. NCTC then establishes bid targets for each jurisdiction based on its pro rata portion of the countywide population and notifies the jurisdictions of its share. However, NCTC has discretion in allocating RSTP funds and may award an agency more or less than its bid target in order to fund high priority regional projects.
The Commercial Street Phase 2 Street Improvement Project was identified as a priority for improvement.
City Council awarded a contract for these improvements in February 23, 2022. The project is expected to be complete in June 2022. City staff recommends that a claim be submitted to NCTC to request allocation of $92,000 of RSTP funds for this project. The Commercial Street Phase 2 Street Improvement Project includes pedestrian and street improvements that are eligible for funding by RSTP subject to approval by NCTC.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Not applicable.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable
ATTACHMENTS:
Resolution 2022-33
RESOLUTION NO. 2022-33
RESOLUTION REQUESTING THE NEVADA COUNTY TRANSPORTATION
COMMISSION (NCTC) ALLOCATE $92,000 OF THE CITY’S APPORTIONMENT
OF REGIONAL SURFACE TRANSPORTATION FUNDS FOR THE
COMMERCIAL STREET PHASE 2 STREET IMPROVEMENT PROJECT
WHEREAS, the City of Nevada City has entered into a Joint Exercise of Powers Agreement with the City of Grass Valley and the County of Nevada for the purpose of establishing and funding a Public Transportation Program; and WHEREAS, the Nevada County Transportation Commission (NCTC) allocates Regional Surface Transportation Program (RSTP) funds to various transportation related projects within Nevada County to support the Program; and WHEREAS, these funds are received by NCTC annually from the State of California and upon receipt of those funds, NCTC establishes bid targets for the jurisdictions; and
WHEREAS, the City of Nevada City can file claims with NCTC for specific amounts and purposes, as defined in the State statutes and regulations, and under NCTC's administrative procedures.
NOW, THEREFORE, BE IT RESOLVED the City Council requests NCTC allocate $92,000 of Nevada City’s apportionment of Regional Surface Transportation Program funds for Commercial Street Phase 2 Street Improvement Project.
PASSED AND ADOPTED at the regular meeting of the City Council of the City of Nevada City held on the 25th day of May, 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: May 25, 2022 Agenda Item No. 08
Subject: Consideration of Adoption of Resolution No. 2022- 34: Local Transportation Fund (LTF) Claim for Pedestrian and Bicycle Facilities Funds for the Commercial Street Phase 2 Street Improvement Project in the Amount of $61,500.
From: Bryan McAlister, City Engineer
Date: May 17, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Adopt the resolution
ISSUE STATEMENT AND DISCUSSION:
Nevada City is eligible for apportionments of Transportation Development Act (TDA) Local Transportation Fund (LTF) for Pedestrian and Bicycle Facilities, based upon NCTC’s Revised Findings of Apportionment. These funds are managed by the NCTC and are committed to support the improvement of pedestrian and bicycle facilities per a Joint Powers Agreement with Grass Valley and Nevada County.
The Commercial Street Phase 2 Street Improvement Project was identified as a priority for improvement.
City Council awarded a contract for these improvements in February 23, 2022. The project is expected to be complete in June 2022. City staff recommends that a claim be submitted to NCTC to request funds allocated for LTF Ped & Bike Facilities for this project. The Commercial Street Phase 2 Street Improvement Project includes pedestrian and bicycle parking improvements that are eligible for funding by LTF subject to approval by NCTC.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Not applicable.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable
ATTACHMENTS:
Resolution 2022-34
RESOLUTION NO. 2022-34
RESOLUTION REQUESTING THE NEVADA COUNTY TRANSPORTATION
COMMISSION (NCTC) ALLOCATE $61,500 OF THE CITY’S APPORTIONMENT
OF LOCAL TRANSPORTATION FUNDS FOR PEDESTRIAN AND BICYCLE FACILITIES FOR THE COMMERCIAL STREET PHASE 2 STREET
IMPROVEMENT PROJECT
WHEREAS, the City of Nevada City has entered into a Joint Exercise of Powers Agreement with the City of Grass Valley and the County of Nevada for the purpose of establishing and funding a Public Transportation Program; and WHEREAS, Transportation Development Act (TDA) Funds that are allocated annually to the City of Nevada City are available to support the Program; and WHEREAS, the Nevada County Transportation Commission (NCTC) annually adopts by Resolution findings of apportionment of Local Transportation (LTF) Funds; and
WHEREAS, the City of Nevada City can file claims with NCTC for specific amounts and purposes, as defined in the TDA statutes and regulations, and under NCTC's administrative procedures.
NOW, THEREFORE, BE IT RESOLVED the City Council requests NCTC allocate $61,500 of Nevada City’s apportionment of Local Transportation Funds for Pedestrian and Bicycle Facilities for Commercial Street Phase 2 Street Improvement Project.
PASSED AND ADOPTED at the regular meeting of the City Council of the City of Nevada City held on the 25th day of May, 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: May 25, 2022 Agenda Item No. 09
Subject: Consideration of Adoption of Resolution No.
2022-35: A Resolution Requesting the Nevada County
Transportation Commission (NCTC) Allocate $126,063
of the City’s Fiscal Year 2022/23 Local Transportation
Funds (LTF) for Public Transportation.
From: Bryan K. McAlister, City Engineer
Date: May 20, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Adopt resolution
ISSUE STATEMENT AND DISCUSSION:
Nevada City is eligible for an estimated Local Transportation Fund (LTF) apportionment of $126,063, based upon Nevada County Transportation Commission (NCTC) adopted Resolution No. 22-12. These funds are managed by the NCTC and are committed to first support the needs of transit and paratransit activities per a Joint Powers Agreement with Grass Valley and Nevada County. The Nevada County Transit Services Division (TSD) has requested that the City submit a claim to NCTC to allocate $126,063 of the City’s FY 2022/23 estimated LTF apportionment to support transit and paratransit services.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Transportation Development Act Funds allocated annually to the City of Nevada City are available to support the Program.
ENVIRONMENTAL CONSIDERATIONS:
None.
ATTACHMENTS:
Resolution 2022-35
NCTC Resolution 2022-12
RESOLUTION NO. 2022-35
A RESOLUTION REQUESTING THE NEVADA COUNTY TRANSPORTATION COMMISSION (NCTC) ALLOCATE $126,063 OF THE CITY’S FISCAL YEAR 2022/23
LOCAL TRANSPORTATION FUNDS (LTF) FOR PUBLIC TRANSPORTATION WHEREAS, the City of Nevada City has entered into a Joint Exercise of Powers Agreement with the City of Grass Valley and the County of Nevada for the purpose of establishing and funding a Public Transportation Program; and WHEREAS, Transportation Development Act Funds that are allocated annually to the City of Nevada City are available to support the Program; and WHEREAS, the Nevada County Transportation Commission adopted Resolution No. 22-12 showing that the City of Nevada City has an estimated apportionment of local transportation funds in fiscal year 2022-23 of $126,063; and WHEREAS, in accordance with the Joint Powers Agreement for Transit Services in Western Nevada County, the Nevada County Transit Services Division requests that the City of Nevada City prepare and submit a claim to NCTC for LTF funds to support Nevada County Connects and Nevada County Now contracted paratransit operations during fiscal year 2022-23; and
NOW AND THEREFORE, BE IT RESOLVED the City Council requests NCTC allocate $126,063 of Nevada City’s fiscal year 2022/23 estimated apportionment of LTF for transit and paratransit services.
PASSED AND ADOPTED at a regular scheduled meeting of the City Council held on this 25th Day of May 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
Duane Strawser, Mayor
ATTEST:
_______________________________
Niel Locke, City Clerk
RESOLUTION 22-12
OF THE
NEVADA COUNTY TRANSPORTATION COMMISSION
REVISED FINDINGS OF APPORTIONMENT FOR FISCAL YEAR 2022/23 WHEREAS, Section 6655.5 of the California Code of Regulations states that the transportation planning agency may, at any time before the conveyance of initial allocation instructions pursuant to Section 6659, issue a revised determination of apportionments based on a revised determination of populations; and
WHEREAS, the Auditor-Controller of Nevada County has issued an estimate of $ 4,994,236 as the amount available for allocation in FY 2022/23; and
WHEREAS, the amount subject to apportionment is to be determined by subtracting the anticipated amounts to be allocated, or made available for allocation, for administration of the Transportation Development Act, for transportation planning, for facilities for the exclusive use of pedestrians and bicycles, and for community transit services, from the total estimate of monies to be available for apportionment and allocation during the ensuing fiscal year; and WHEREAS, the following figures represent the amount described above:
Estimated LTF Available for FY 2022/23
Sales and Use Tax $4,949,236
Interest $45,000
Subtotal $4,994,236
Anticipated Allocations
Administration and Planning -$882,427
Pedestrian and Bicycles -$82,236
Community Transit Services -$201,479
Total Estimated FY 2022/23 LTF Available for Apportionment $3,828,094 Area apportionments based on population: Population figures from State of California Department of Finance 2022 E-1 Report, May 2022
Jurisdiction Estimated
Population
Percent of
Estimated Total* Apportionment**
Nevada County 67,191 66.37% $2,540,581
Grass Valley 13,617 13.45% $514,877
Nevada City 3,334 3.29% $126,063
Truckee 17,100 16.89% $646,574
TOTAL 101,242 100.00% $3,828,094
Totals may not equal sum of amounts in column due to rounding.
Resolution 22-12
NOW, THEREFORE, BE IT RESOLVED, that Nevada County Transportation Commission finds that the above figures represent area apportionments to be used for FY 2022/23. These apportionments will be used as the basis for allocations throughout FY 2022/23, unless these findings are revised in accordance with statutes and regulations contained in the Transportation Development Act.
PASSED AND ADOPTED by the Nevada County Transportation Commission on May 18, 2022 by the following vote:
Ayes:
Noes:
Absent:
Abstain:
___________________________________ Attest: ______________________________ Ed Scofield, Chair Dale D. Sayles
Nevada County Transportation Commission Administrative Services Officer
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: May 25, 2022 Agenda Item No. 10
Subject: Conduct a Public Hearing in Consideration of
Ordinance No. 2022-06: An Ordinance of the City Council of the City of Nevada City, State of California, Amending Chapter
3.08 (“Purchasing”) of Title 3 (“Revenue and Finance”) of the City of Nevada City Municipal Code, Relating to Purchasing Procedures; and
Consideration of Resolution No. 2022-36: A Resolution of the City Council of the City of Nevada City, California, Adopting Purchasing Policies to Implement a Revised Purchasing
Ordinance
From: Sean Grayson, City Manager
Date: May 20, 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 June 8, 2022; adopt the resolution.
ISSUE STATEMENT AND DISCUSSION:
The current Nevada City Purchasing Ordinance was adopted in 1985 and was codified in 1986 under Chapter 3.08 “Purchasing”. The City does not have a Purchasing Policy to implement the current ordinance. The current ordinance does not reflect current industry best practices for comparable California cities.
Staff routinely encounters inefficiencies when purchasing products and services under the City's current purchasing ordinance. Specifically, the ordinance requires bidding on certain purchases when bidding is not required by State law and sets a comparatively low purchasing limit for staff approval. Additionally, the current ordinance does not specify requirements for the issuance of purchase orders to encumber funds.
The proposed ordinance would not require a purchase order for purchases under $2,500.00 allowing purchase under this amount through a standardized request process. Purchases valued at $2,500.00 to $15,000.00 would require an "open market" contract procedure that includes a purchase order, three quotes, and approval by the Director of Finance. Purchases between $15,000.00 and $25,000.00 would require the same "open market procedure and approval by the City Manager. Purchases over $25,000.00 would require a formal bid process and approval by the City Council. Any purchases that are unbudgeted would have to be approved by the City Council under the proposed purchasing policy.
The proposed ordinance provides exemptions from these rules for emergency expenditures, when there is only one vendor, for purchases that are part of a cooperative purchasing program, and other situations that are commonly found in modern city purchasing ordinances.
The proposed purchasing policies implement these provisions in sufficient detail so staff can consult a comprehensive list of procedures to efficiently comply with the provisions of the ordinance. The proposed purchasing credit card policy and fuel card policy are being adopted separately because they are sufficiently detailed as to merit their own policy that can easily be updated in the future as needed.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The ordinance and policy reflect a fundamental change in the financial policies and processes of the City to improve accountability. There is not direct anticipated cost related to the action. It is anticipated that up to thirty staff reports, written for approval of amounts between $5,000 and $25,000, and their respective time to develop would not occur under the new ordinance as they would fall under the City Manager’s authorization.
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 2022-06
Purchasing Policy
Credit Card Policy
Fuel Card Policy
Resolution 2022-36
ORDINANCE 2022-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY, STATE OF CALIFORNIA, AMENDING CHAPTER 3.08 ("PURCHASING") OF TITLE 3 ("REVENUE AND FINANCE") OF THE CITY OF NEVADA CITY MUNICIPAL CODE RELATING TO PURCHASING PROCEDURES.
WHEREAS, the City of Nevada City has the authority to adopt internal procedures governing the procurement of goods and services to promote efficient governance; and WHEREAS, the City Council of the City of Nevada City finds that the City's existing purchasing ordinance is outdated and that changes are necessary to promote efficient purchasing of goods and services; and
WHEREAS, the City Council finds that Chapter 3.08 ("Purchasing") of the City's municipal code should be repealed and replaced with updated procedures and increased spending limits to promote the internal efficiency of City operations; and WHEREAS, the City of Nevada City, California, pursuant to the provisions of the California Environmental Quality Act (hereinafter "CEQA") (California Public Resources Code Sections 21000 et seq.) and State CEQA guidelines (Sections 15000 et seq.) has determined that this ordinance is exempt pursuant to Section 15061(b)(3) of Title 14 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 correct and incorporated into this ordinance.
SECTION 2. Chapter 3.08 ("Purchasing") of Title 3 ("Revenue and Finance") is hereby repealed in its entirety and replaced as follows:
CHAPTER 3.08-PURCHASING SYSTEM
3.08.010 Adoption of purchasing system.
In order to establish efficient procedures for the purchase of supplies, services and equipment, to secure for the city supplies, services and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function and to assure the quality of purchases, a purchasing system is adopted.
3.08.020 Centralized purchasing division.
There is created a centralized purchasing division of the finance department in which is vested authority for the purchase of supplies, services and equipment.
3.08.030 Purchasing agent-Powers and duties.
The director of finance shall be the purchasing agent. The director of finance may delegate any of the powers and duties conferred upon him or her as purchasing agent under this chapter to any other officer or employee of the city. The purchasing agent shall be the head and have general supervision of the purchasing division. The duties of a purchasing agent may be combined with those of any other office or position. The purchasing agent shall have the authority to:
1. Purchase or contract for supplies, services and equipment required by any city department in accordance with purchasing procedures prescribed by this chapter, formally adopted city council policies, such administrative regulations as the purchasing agent shall adopt for the internal management and operation of the purchasing division, and such other rules and regulations as shall be authorized by the City Manager in accordance with this chapter;
2. Negotiate and recommend execution of contracts for the purchase of supplies, services and equipment;
3. Act to procure for the city the needed quality in supplies, services and equipment at least expense to the city;
4. Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases;
5. Prepare and recommend to the City Manager administrative purchasing policies and procedures consistent with the city's municipal code setting forth procedures for the purchase of supplies, services and equipment for the city, the adoption of which and revisions and amendments to which the City Manager is empowered to authorize;
6. Prepare and recommend to the City Manager revisions and amendments to purchasing policies;
7. Keep informed of current developments in the field of purchasing, prices, market conditions and new products;
8. Prescribe and maintain such forms as reasonably necessary to the operation of this chapter and other rules, regulations and policies;
9. Supervise the inspection of all supplies, services and equipment purchased to insure conformance with specifications;
10.Recommend the transfer of surplus or unused supplies, services and equipment between departments as needed;
11.Maintain a bidders' list, vendors catalog file and records needed for the efficient operation of the purchasing division.
3.08.040 Exemptions from centralized purchasing.
The purchasing agent, with approval of the City Manager, may authorize, in writing, any city department to purchase specified supplies, services and equipment independently of the purchasing division; but he or she shall require that such purchases shall be made in conformity with the procedures established by this chapter, and shall further require periodic reports from the agency on the purchases made under such written authorization.
3.08.050 Estimates of requirements.
All city departments shall file detailed estimates of their requirements in supplies, services and equipment in such manner, at such time, and for such future periods as the purchasing agent shall prescribe.
3.08.060 Requisitions.
All city departments shall submit requests for supplies, services and equipment to the purchasing agent by standard requisition forms, or by other means as may be established by the city council or City Manager.
3.08.070 Bidding.
Purchase of supplies, services and equipment shall be by bid procedures, pursuant to Sections 3.08.100 and 3.08.110. Bidding may be dispensed with only when:
1. An emergency requires that an order be placed with the nearest available source of supply or using the fastest possible method of procurement; or
2. When the amount involved is less than two thousand five hundred dollars ($2,500.00) (bids may be obtained if, in the opinion of the purchasing agent there will be a reasonable possibility of obtaining better prices commensurate with the time and effort expended); or
3. When participating in an established governmental "cooperative purchasing program"; or
4. When purchasing from a supplier who has been awarded a contract resulting from a formal competitive bid process by another governmental agency within the state or by the federal government; or
5. When there is a need to purchase used equipment which may not be available following the formal bid process; or
6. The commodity can be obtained from only one (1) vendor. A commodity shall be considered obtainable only from one (1) vendor when only one (1) vendor offers it for sale, lease or rental, or when only one (1) vendor is able to do so within the time frame and/or under the terms and conditions which reasonably meet the needs of the city, or when there is a sole distributor or manufacturer of a product or service such that there is no acceptable substitute within a specific geographical area.
3.08.080 Purchase orders.
Purchase of supplies, services and equipment shall be made only by purchase order or other documents as authorized by the purchasing agent. No purchase order or other equivalent document to purchase supplies, services or equipment shall be issued without the prior approval of the purchasing agent or his or her designated representative.
3.08.85 Purchasing and contracting authority levels.
There shall be three (3) levels of authority for purchases and approval of contracts:
department award, City Manager award, and city council award. Generally, authority is established by the dollar amount of the purchase or contract.
1. Department Award-Up to two thousand five hundred dollars ($2,500.00). The City Manager may authorize any department head of the city to purchase supplies, services or equipment as needed for his or her area of responsibility in an amount up to two thousand five hundred dollars ($2,500.00).
2. Purchasing Agent Award - Over two thousand five hundred dollars ($2,500.00) up to fifteen thousand dollars ($15,000.00). The City Manager may authorize the purchasing agent of the city to purchase supplies, services or equipment as needed in an amount up to fifteen thousand dollars ($15,000.00).
3. City Manager Award- Over fifteen thousand dollars ($15,000.00) up to twenty-five thousand dollars ($25,000.00). Subject to the provisions of this chapter, the City Manager shall be authorized to award or approve, and sign, contracts for the purchase of supplies, services or equipment of an estimated value of twenty-five thousand dollars ($25,000.00) or less.
4. City Council Award-Over twenty-five thousand dollars ($25,000.00). All contracts for the purchase of supplies, services or equipment of an estimated value of greater than twentyfive thousand dollars ($25,000.00) shall be approved by the city council. The applicable provisions of state or federal law, this chapter, or any other procedures, rules or regulations adopted by the city council shall apply to such contracts.
3.08.090 Encumbrance of funds.
Except in cases of emergency or in cases where specific authority has been first obtained from the city council, the purchasing agent shall not issue any purchase order or equivalent document (such as a contract) for supplies, services or equipment unless there exist unencumbered funds against which said purchase is to be charged.
3.08.100 Formal contract procedure.
Except as provided in the City of Nevada City Municipal Code and as otherwise provided herein, purchases of supplies and equipment of an estimated value of greater than twentyfive thousand dollars ($25,000.00) shall be by written contract with the lowest responsible bidder pursuant to the procedure hereinafter prescribed.
1. Notice Inviting Bids. Notices inviting bids shall include a general description of the articles to be purchased, shall state where bid blanks and specifications may be secured, and the time and place for opening bids.
a. Published Notice. Notices inviting bids shall be published at least ten (10) days before the date of opening of the bids. Notices shall be published at least twice in a newspaper of general circulation, published in the city, or if there is none, it shall be posted in at least three (3) public places in the city, one (1) of which places shall be the City Hall.
b. Bidders' List. The purchasing agent shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidders' list or who have made written request that their names be added thereto. c. Bulletin Board. The purchasing agent shall also advertise pending purchases by a notice posted on a public bulletin board in the City Hall.
2. Bidder's Security. When deemed necessary by the purchasing agent, bidder's security may be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit his or her bid security upon his or her refusal or failure to execute the contract within ten (10) days after the notice of award of contract has been mailed, unless in the latter event the city is solely responsible for the delay in executing the contract. The city council, on refusal or failure of the successful bidder to execute the contract, may award it to the next lowest responsible bidder or reject all bids. If the city council awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the city to the contract price differential between the lowest bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. If the city council rejects all bids presented and readvertises, the amount of the lowest bidder's security may be used to offset the cost of receiving new bids (and the surplus, if any, shall be returned to the lowest bidder).
3. Bid Opening Procedure. Sealed bids shall be submitted to the purchasing agent and shall be identified as "bids" on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.
4. Rejection of Bids. In its discretion, the city council may reject any and all bids presented and readvertise for bids pursuant to the procedure hereinabove prescribed.
5. Award of Contracts. Except as otherwise provided herein, contracts shall be awarded by the city council to the lowest responsible bidder.
6. Tie Bids. If two (2) or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay
7. of readvertising for bids, the city council may in its discretion accept the one (1) it chooses or accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening.
8. Performance Bonds. The city council shall have authority to require a performance bond before entering a contract in such amount as it finds reasonably necessary to protect the best interests of the city. If the city council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.
3.08.110 Open market procedure.
Purchases of supplies, services and equipment of an estimated value of twenty-five thousand dollars ($25,000.00) or less may be made by the purchasing agent, with the written approval of the City Manager, in the open market pursuant to the procedure hereinafter prescribed; provided, however, that all bidding may be dispensed with for purchases of supplies, services and equipment having a total estimated value of less than two thousand five hundred dollars ($2,500.00).
1. Minimum Number of Quotations. Open market purchases shall, wherever possible, be based on at least three (3) quotations, and shall be awarded to the lowest responsible vendor .
2. Notice Inviting Quotations. The purchasing agent shall solicit bids by written request to prospective vendors, by telephone, and by public notice posted on a public bulletin board in the City Hall.
3. Quotations . Quotations shall be submitted to the purchasing agent who shall keep a record of all open market orders and quotations for a period of one (1) year after the submission of quotations or the placing of orders. This record, while so kept, shall be open to public inspection.
4. Nothing contained in this section shall prohibit the purchasing agent from negotiating and entering into contracts for personal or professional services on terms the purchasing agent determines are most advantageous to the city after consideration of price, quality, demonstrated competence, qualifications, and other relevant factors.
5. Nothing contained in this section is intended to be in conflict with applicable state or federal law.
3.08.120 Inspection and testing.
The purchasing agent shall inspect supplies, services and equipment delivered to determine their conformance with the specifications set forth in the order. The purchasing agent shall have authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications.
3.08.130 Surplus supplies and equipment.
All city departments shall submit to the purchasing agent, at such times and in such forms as shall be proscribed, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The purchasing agent shall have authority to exchange for or trade in on new supplies and equipment all supplies and equipment which cannot be used by department or which have become unsuitable for city use.
3.08.140 Procurement of services, supplies and equipment in emergencies.
Notwithstanding the provisions of this Chapter, the immediate requirement of an item or items necessary for the preservation of life or property shall be deemed an emergency. Such purchases may be approved by the City Manager or his designee, provided that a full report of the circumstances of all emergency purchases in excess of five thousand dollars shall be filed with the City Council at its next regular meeting.
SECTION 3. 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 repealed or modified to that extent necessary to affect the provisions of this Ordinance.
SECTION 4. If any section, subsection, clause or phrase or portion of this code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of all other provisions of this ordinance.
The City Council hereby declares that it would have passed the ordinance codified in this chapter, and each section, subsection, sentence, clause and phrase or portion thereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases or portions thereof be declared invalid or unconstitutional.
SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the same manner required by law. This ordinance shall become effective thirty (30) days from and after its passage.
PASSED AND ADOPTED at a regularly scheduled meeting of the Nevada City City Council held on this 25th day of May, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Duane Strawser, Mayor
ATTEST: APPROVE AS TO FORM:
__________________________ __________________________
Niel Locke, City Clerk Dean J. Pucci, City Attorney
STATE OF CALIFORNIA )
COUNTY OF NEVADA ) ss
CITY OF NEVADA CITY )
I, ______, CITY CLERK of the City of Nevada City, California, do hereby certify that the foregoing urgency ordinance was regularly introduced and adopted by the City Council of the City of Nevada City, California, at a regular meeting thereof held on the ____ day of ___, 2022, by the following vote of the City Council:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Nevada City, this __ day of ___, 2022.
__________________________
_________________, City Clerk
PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 1 OF 33
Purchasing Policy
Table of Contents
1 - PURPOSE........................................................................................................................4 2 - POLICY STATEMENT...................................................................................................4 3 - CONFLICT OF INTEREST.............................................................................................5 4 - UNAUTHORIZED PURCHASES ...................................................................................5 5 - RESPONSIBILITY OF THE PURCHASING AGENT....................................................5 6 - RESPONSIBILITY OF DEPARTMENT DESIGNEE AND DEPARTMENTS ...............6 7 - VENDOR RELATIONS ..................................................................................................7 8 - OTHER IMPORTANT MATTERS..................................................................................8 9 - PURCHASING LIMITS AND AUTHORIZATIONS ......................................................9 A) Purchases of less than or equal to $2,500.00 – Over the Counter..........................................9 B) For purchases of $2,500.01 to $5,000.00 – Informal Bid (“Open Market”)...........................9 C) Purchases between $5,000.01 - $25,000.00 – Informal Bid (“Open Market”)..................... 10 D) Purchases of $25,000.01 or More – Formal Bid (“Formal Contract”)................................. 10 10 - TYPES OF PURCHASE ORDERS................................................................................10 A) Standard Purchase Order................................................................................................... 10 B) Blanket Purchase Order..................................................................................................... 10 C) Contract Purchase Order ................................................................................................... 11 D) Cooperative Purchases ...................................................................................................... 12 E) Sole Source Purchases....................................................................................................... 12 F) Emergency Purchases........................................................................................................ 12 11 - PURCHASE ORDER EXEMPTIONS ...........................................................................13 12 - PURCHASE AWARD ...................................................................................................13 A) Lowest responsive and Qualified Bidder ........................................................................... 13 B) Rejection of Bids .............................................................................................................. 14 C) Tie Bids............................................................................................................................15 D) Local Preference ............................................................................................................... 15 13 - PURCHASE ORDER AMENDMENTS AND CHANGE ORDERS ..............................16 14 - INFORMAL AND FORMAL BID PROCESS ...............................................................16 A) Informal Bids (“Open Market”)......................................................................................... 17 PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 2 OF 33
B) Formal Bids (“Formal Contract Procedure”)...................................................................... 17 15 - PURCHASING CARDS (“P-CARD”) ...........................................................................19 16 - SPECIFICATIONS ........................................................................................................19 A) Sole Source Specifications................................................................................................ 19 B) Standardization ................................................................................................................. 20 C) Brand Name, or Equal, Specifications............................................................................... 20 D) Vendor Assistance in Writing Specifications..................................................................... 20 17 - PROFESSIONAL CONSULTANT SELECTION..........................................................20 A) Selection of Consultants for Professional Services (General): ............................................ 20 B) Selection of Consultants for Professional Services for Capital Improvement Projects: ....... 22 C) Selection of Consultants for Professional Services for Continuing Services: ...................... 22 D) Exclusions ........................................................................................................................ 22 18 - SURPLUS PERSONAL PROPERTY ............................................................................23 A) Methods Of Disposition .................................................................................................... 23 B) Proceeds ...........................................................................................................................25 19 - GLOSSARY ..................................................................................................................26 PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 3 OF 33
Purchase Amount Bid process Description
General
Purchases
$2,500.01 to
$15,000.00
Informal
("Open
market") Bid
process
Minimum of three (3) quotes; awarded to
the lowest responsible bidder.
Award by purchase order or contract signed
by Purchasing Agent.
$15,000.01 to
$25,000.00
Informal
("Open
market") Bid
process
Minimum of three (3) quotes; awarded to
the lowest responsible bidder.
Award by purchase order or contract signed
by City Manager
$25,000.01
and above.
Formal
("Formal
Contract") Bid
Process
Requesting Department to follow Formal
Bid procedure outlined in Section 13.B
Awarded by contract signed by Mayor
After council approval.
Less than or
Equal to
$2,500.00
Purchase less than or equal to $2,500.00 do
not require competitive pricing, but is highly
Encouraged. Purchasing Agent or
Department Head approval.
PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 4 OF 33
PURCHASING POLICY
1 - PURPOSE
The purpose of this policy is to provide the City of Nevada City (“City”) with a means of assuring continuity and uniformity in its purchasing operation, and to define the responsibilities for purchasing supplies, services, and equipment for the City of Nevada City. These guidelines are not intended to address every issue, exception, or contingency that may arise in the course of purchasing activities. The basic standard that should always prevail is to exercise good judgment in the use and stewardship of City resources, including keeping within the budget authorized by the City Council.
2 - POLICY STATEMENT
The policy contained herein was developed under the authority of Chapter 3.08 (“Purchasing”) of the Nevada City Municipal Code. The City Manager is designated as the Purchasing Agent for the City and may delegate the administration of the program. The Purchasing Agent is charged with the responsibility and authority for coordinating and managing the procurement of the City’s supplies, services, and equipment according to this policy.
The policy outlined herein is to be adhered to by the Purchasing Agent and all departments when procuring supplies, services, and equipment. This Policy strives to define decision making with prudent review and internal control procedures and to maintain departmental responsibility and flexibility in evaluating, selecting, and purchasing, supplies, equipment, and services.
Purchase orders should be issued prior to ordering supplies, equipment, and services and not “after the fact” for work already done or materials already ordered for all purchases including but not limited to P-Cards, online orders and over the counter purchases, with exceptions for Emergency Purchases outlined in Section 10.F
Purchasing dollar limits are per “item”, which is defined as the total cost to one firm or vendor for a specific project, purchase, or similar service. This policy specially prohibits splitting an order, services contract, or capital improvement project contract to circumvent specified dollar limits.
For purposes of applying the purchasing dollar limits, repeated utilization of the same vendor for similar procurements should be considered to be a single “item”. Refer to Purchasing Limit and Authorization Section 9.
Excluded from this policy is the purchase of supplies, services and equipment which are included within the specification of a “Public Works Contract” construction project and is subject to the regulations contained in the California Public Contract Code, if applicable. Also excluded is the award of Professional Design and Consulting Services, governed by California Government Code §§ 4525-4529.5. See Subsection 11 herein.
PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 5 OF 33
3 - CONFLICT OF INTEREST
In order to assure their independence and impartiality on behalf of the common good, representatives of the City shall not use their official positions to influence government decisions in which they have a material financial interest or personal relationship which may give the appearance of a conflict of interest. In accordance with the law, representatives shall disclose investments, interests in real property, sources of income, and gifts, and they shall abstain from participating in deliberations and decisions-making where conflicts may exist. (See California Government Code §§ 1090 et seq., 81000 et seq., 82000 et. seq., 87100 et seq.; 87407; California Health & Safety Code §§ 33130 et seq.; California Penal Code §68; 2 Code of California Regulations §§ 18700 et. seq.)
4 - UNAUTHORIZED PURCHASES
Except for emergencies or other authorized exemptions stated in these guidelines, no purchase of supplies, services, or equipment shall be made without an authorized purchase order. Purchase orders shall be issued prior to ordering supplies, equipment, and services and not “after the fact” for work already done or materials already ordered. Otherwise:
i) Such purchases are void and not considered an obligation of the City. ii) Invoices without an authorized purchase order may be returned to the vendor unpaid iii) The person ordering the unauthorized purchase may be held personally liable for the costs of the purchase or contract.
5 - RESPONSIBILITY OF THE PURCHASING AGENT
The Purchasing Agent is responsible for 1) the procurement of general supplies, services, and equipment; 2) the administration of the purchasing policy; and 3) the management of surplus City property.
The Purchasing Agent may delegate certain responsibilities to a Department Designee for efficiency.
To perform these functions efficiently and assist departments, the Purchasing Agent shall:
i) Be charged with the responsibility and authority for coordinating and managing the procurement of the City’s general supplies, services and equipment from the lowest responsive and responsible bidder when required by this policy. ii) Ensure full and open competition on all purchases as required by this policy.
PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 6 OF 33
iii) Identify, evaluate, and utilize purchasing methods which best meet the needs of the City (i.e., cooperative purchases, blanket purchase orders, contractual agreements, etc.).
iv) Recommend revisions to purchasing procedures when necessary and keep informed of current developments in the field of public purchasing. v) Prescribe and maintain all forms and records necessary for the efficient operation of the purchasing function.
vi) Act as the City’s agent in the transfer and disposal of surplus equipment and materials.
vii) Award Purchase Orders.
6 - RESPONSIBILITY OF DEPARTMENT DESIGNEE AND DEPARTMENTS All Department Designees are charged with the following responsibilities in the purchasing process:
i) To provide to the Finance Department at the beginning of each fiscal year, an updated authorized signature list designating those individuals who are delegated the authority to make purchases pursuant to the policies and procedures as described herein.
ii) To anticipate requirements sufficiently in advance to allow adequate time to obtain goods in accordance with the best purchasing practices. iii) To communicate and coordinate purchases with the Purchasing Agent or Department Designee, as necessary.
iv) To provide detailed, accurate specifications to ensure goods obtained are consistent with requirements and expectations.
v) To prepare requisitions in accordance with instructions so as to minimize the processing effort.
vi) To inform the Finance Department of any vendor relations problems, shipping problems (i.e., damaged goods, late delivery, wrong items delivered, incorrect quantity delivered, etc.) and any situations which could affect the purchasing function.
PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 7 OF 33
vii) Research and recommendations in developing specifications; review specifications for completeness of information to ensure specifications are not unnecessarily restrictive.
viii) To minimize urgent and sole source purchases and to provide written documentation when such purchases may be necessary.
ix) To assist the Finance Department with the review of all bids received for compliance with specifications and provide the Finance Department with written documentation regarding their findings.
x) To not “split” orders for the purpose of avoiding procurement requirements. (See Glossary).
xi) Coordinate vendor relations, locate sources of supply, and evaluate vendor performance.
xii) To consider the use of recycled products when practical and economically feasible.
To be considered economical, the added costs should not exceed 10% of the lowest non-recycled product price.
xiii) Make purchase award recommendations to the appropriate authority. xiv) Track aggregate vendor purchases to ensure compliance with the purchasing policy. xv) Ensure that purchase orders are obtained prior to the purchase of good or services within in 2 weeks of fully executed contract.
xvi) If multiyear contracts are awarded, track aggregate purchases/purchase orders to be in compliance with contract terms.
7 - VENDOR RELATIONS
It is to the City’s advantage to promote and maintain good relations with vendors. The Purchasing Agent or Department Designee and City staff shall conduct their dealings with vendors in a professional manner and shall promote equal opportunity and demonstrate fairness, integrity, and courtesy in all vendor relations. When feasible to do so, vendors within the City of Nevada City should be utilized for supplies, vehicles, services, and equipment. To assist in using local vendors, the City Council may, by minute action, award a bid to a Nevada City vendor provided the local bid does not exceed the lowest bid by more than five percent (5%). This exception shall not be utilized for any purchase made with federal funds.
PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 8 OF 33
8 - OTHER IMPORTANT MATTERS
Departments should be aware of the following important requirements of the City’s purchasing policy
i) The City’s purchasing policy requires all purchases to be authorized by Department Designee prior to purchase.
ii) The Information Technology Division shall be consulted prior to the purchase of any computer hardware, software, or cloud services whether purchased on a stand-alone basis or as a component of a larger procurement.
iii) Federally funded purchases must adhere to the requirements outlined in the Uniform Administrative Requirements, Cost Principals and Audit Requirements for Federal Awards, Section 2 – CFR § 200.317 through 200.326 – to comply with the Uniform Guidance procurement requirements. These requirements differ from those under the California Public Contract Code and the California Uniform Public Construction Cost Accounting Act as well as the City’s typical purchasing procedures. Any purchase using federal funds must comply with these federal requirements as further outlined herein.
iv) Grant or special funding items may have regulations that prevail over the City’s policies and procedures for procurement. In the case of grant or special funding the MORE restrictive of either the City or the funding agency’s procedure will apply to the purchase. It is the responsibility of the department receiving the Grant to understand the terms of the Grant and any restrictions on the use of funds. v) Capital equipment purchases are assets that have a value that greater than $2,500.01 or more and have a useful life of more than one (1) year. Capital purchases must be submitted to the Finance Department for tracking, approved by the Purchasing Agent and must follow this Purchasing Policy.
vi) Pursuant to Labor Code Section 1771, the City shall pay prevailing wages for certain public projects and maintenance projects of more than one thousand dollars ($1,000).
Labor Code Sections 1720 through 1720.9 provide the definition of a public project for prevailing wage purposes. The City Attorney should be consulted when there is a question as to whether prevailing wages apply.
PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 9 OF 33
9 - PURCHASING LIMITS AND AUTHORIZATIONS
Purchasing dollar limits are “per item”, which is defined as the total cost for supplies, vehicles, equipment, the total construction cost for Public Projects, and the total cost for general or professional services to one firm or vendor for a specific project. This policy specially prohibits splitting an order, services contract, or capital improvement project contract to circumvent specified dollar limits.
For purposes of applying the purchasing dollar limits, repeated utilization of the same vendor for similar procurements should be considered to be a single “item”. For example, purchasing a particular supply, uniform, or service monthly from the same vendor such that the total expended in a single fiscal year exceeds $2,500.00 should be viewed as a single procurement and the vendor should be competitively selected. Staff should use their professional judgment in applying this rule and seek guidance from the Purchasing Agent if there are questions. The intent is not to burden staff, but rather to ensure that the City is receiving competitive pricing and that the appropriate method of procurement is being utilized. In the case of the purchase of materials or equipment such as hardware, software, irrigation supplies, cleaning supplies or office supplies, this provision shall not apply; however, a single purchase of greater than $2,500.00 should follow the applicable purchasing method as described below.
A) Purchases of less than or equal to $2,500.00 – Over the Counter For purchases of supplies, equipment, and services of less than $2,500.00, the authority to award is the Purchasing Agent or Department Designee. Under Municipal Code Section
3.08.030, the Director of Finance may delegate duties to other members of the City.
Comparative pricing is not required to purchase supplies, equipment, and services, of less than or equal to $2,500.00 but is highly encouraged. A Purchase Authorization is required for documentation and Purchase Order may be requested by the department if required by the vendor or if the department wishes to use the Purchase Order as a mechanism to encumber funds.
B) For purchases of $2,500.01 to $15,000.00 – Informal Bid (“Open Market”) For purchases between $2,500.01 - $5,000.00 the authority to award is the Purchasing Agent. Department staff shall not award purchase orders between $2,500.01 - $5,000.00 without approval of the Purchasing Agent. All departments shall obtain and document three (3) competitive quotations for purchases. Quotes may be obtained from a variety of sources, (e.g. Internet search, vendor price listing, verbal quotes, or written quotes.
The department shall submit a requisition, which includes the recommended vendor, with all supporting documentation to the Finance Department. Supporting documentation shall include competitive price quotes obtained, names of vendors contacted, description of the items required, and certificates of insurance as applicable. Finance Department shall review the recommendation and supporting documentation and may contact additional sources for quotations.
PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 10 OF 33
C) Purchases between $15,000.01 - $25,000.00 – Informal Bid (“Open Market”) For purchase of between $5,000.01 - $25,000.00 the authority to award is the City Manager. Department staff shall not award purchase orders for $15,000.01 or more without the approval of the City Manager, except in the event of an emergency purchase (see F, Emergency Purchases). All departments shall obtain and document three (3) competitive quotations. Quotes may be obtained from a variety of sources, (e.g. Internet search, vendor price listing, verbal quotes, or written quotes. The department shall submit a requisition, which includes the recommended vendor, with all supporting documentation to the Finance Department. Supporting documentation shall include competitive price quotes obtained, names of vendors contacted, description of the items required, and certificates of insurance as applicable. Finance Department shall review the recommendation and supporting documentation and may contact additional sources for quotations.
The City Manager may award purchase to the lowest responsive and responsible bidder whose quote fulfills the intended purpose, quality, and delivery needs of the solicitation, provided that an unencumbered appropriation for that item exists. In lieu of awarding the purchase, the City Manager may reject bids, or may negotiate further to obtain terms more acceptable to the city.
D) Purchases of $25,000.01 or More – Formal Bid (“Formal Contract”) Purchases/Contracts that exceed $25,000.01 require a Formal Bid Process.
Purchases/Contracts of $25,000.01 or more shall be approved by the City Council. See Section 14 for the Formal Bid procedures.
All purchases and contracts are subject to Purchasing limits and authorizations. 10 - TYPES OF PURCHASE ORDERS
A) Standard Purchase Order
Purchase Orders represent a contract between the City and the Vendor. Purchase orders outline the list of items or services that the City would like to purchase, order quantities and agree-upon prices.
B) Blanket Purchase Order
A Blanket Purchase Order is an agreement whereby the City contracts with a vendor to provide equipment or supplies on an as-needed and often over-the-counter basis. Blanket Purchase Orders provide a mechanism whereby items which are uneconomical to stock may be purchased in a manner that allows field operations timely access to necessary materials. Blanket Purchase Orders shall not be used to purchase services, capital assets or items maintained in stock.
PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 11 OF 33
Finance Department shall request confirmation of Blanket Purchase Orders annually before the beginning of the fiscal year. Requests for Blanket Purchase Orders may also be submitted to the Finance Department on an as-needed basis. Finance Department shall review Blanket Purchase Order requests based upon the following criteria:
(1) Geographic location
(2) Responsiveness and capabilities
(3) Average dollar value and type of items to be purchased (4) Frequency of need
All Blanket Purchase Orders shall include the following information:
(1) A general description of the equipment or supplies which may be charged. (2) The period of time the order will remain open, not to exceed the end of the fiscal year the blanket purchase order is issued.
(3) The maximum total amount which may be charged on the purchase order. (4) Items excluded from the purchase, if applicable.
(5) The phone number of the purchasing agent for questions or approval of charges which exceed the limit.
(6) Identification of the department(s) and employee(s) who may charge against the order.
(7) Requirement that the employee shows CITY identification. (8) Requirement that employees print and sign their names when picking up goods. (9) Account number(s) to be charged.
Once a Blanket Purchase Order is issued to a vendor, any authorized City employee may contact the vendor directly to place orders per the terms and conditions specified in the Blanket Purchase Order.
C) Contract Purchase Order
Contract Purchase Orders are the preferred method of purchasing repetitive-use items or services which may be common to several departments or within one department.
Establishing Contract Purchase Orders provides a means of obtaining volume pricing based upon the combined needs of all departments, reduces the administrative costs associated with seeking redundant competitive bids and processing a Purchase Order each time an order is placed, and allows departments to order as needed, reducing the requirement to maintain large inventories of stock.
If a Contract Purchase order exists, departments shall order all of their requirements from the successful vendor. No other source shall be used without prior approval of the Purchasing Agent. Departments shall submit, in writing to the Finance Department, any performance problem encountered immediately following the occurrence so that corrective action may be taken.
PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 12 OF 33
Contract Purchase Orders may include option for renewal for specific products, product types, or services at agreed upon prices or pricing structure and for a specified period of time.
Upon approval of a contract, purchase orders shall be issued within 2 weeks of contract execution and issuing department is responsible for compliance with the contract terms.
D) Cooperative Purchases
The Finance Department may participate in purchases and contracts established by other political jurisdictions, provided the cooperative agreement is established following a competitive bid process. The City Manager may authorize the award of cooperative purchase agreements up to $25,000.00. City Council approval is required for the award of any cooperative purchase of $25,000.01 or more.
E) Sole Source Purchases
Commodities and services which can be obtained from only one vendor are exempt from competitive bidding. Sole source purchases may include proprietary items sold directly from the manufacturer, items that have only one distributor authorized to sell in this area, or a certain product has been proven to be the only product that has proven to be acceptable. All sole source purchases requests shall be submitted to the Finance Department using the sole source purchasing approval form. Final determination that an item is a valid sole source purchase will be made by the Purchasing Agent.
F) Emergency Purchases
Emergency purchases may be made without competitive bidding when time is of the essence, and shall be made only for the following reasons:
(1) To preserve or protect life, health, or property
(2) Upon natural disaster
(3) To forestall a shutdown of essential public services Since emergency purchases do not normally provide the City an opportunity to obtain competitive quotes or properly encumber funds committed, sound judgment shall be used in keeping such orders to an absolute minimum. In addition, the following requirements shall apply:
(1) The Finance Department shall be contacted as soon as possible to expedite the purchase order to cover the emergency transaction. If unable to contact the Finance Department, place the order and contact the Finance Department the next workday.
PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 13 OF 33
(2) A completed purchase requisition shall be submitted to the Finance Department within two working days, or as soon as the information is available. All purchase requisitions for emergency purchases shall be signed by the appropriate department head.
(3) Documentation explaining the circumstances and nature of the purchase shall be submitted by the appropriate department head as follows:
(a) Purchases less than or equal to $5,000.00: Use standard purchasing procedures.
(b) Purchases in the amount of $5,000.01 - $100,000.00: Require the approval of the City Manager and a report to the City Council at the next regular meeting. (c) Purchases in excess of $100,000.01: Require approval by the City Council unless the purchase is to abate an urgent or emergent threat to life or property in which case the City Manager may authorize the purchase and report to the City Council at the next regular meeting.
(4) If the emergency purchase causes any budget line item to exceed the approved budget, it shall be the responsibility of the department requesting the purchase to obtain subsequent City Council approval, through the Finance Department, for an additional appropriation or to make a transfer to cover the purchase. 11 - PURCHASE ORDER EXEMPTIONS
Certain purchases are not readily adaptable to the open market and formal bidding process.
These purchases are generally for items where the competitive bid process is not applicable or where a check is required to accompany the order. Following is a list of allowable exemptions:
Insurance Claims & Premiums Medical Payments
Petty Cash Replenishment Property Rentals
Real Property/easement acquisitions Subscriptions/Renewals Trade Circulars or professional books Travel Expense/Advances Utility Payments/Fuel Purchases Membership Dues
Payments to other agencies Refunds
Postage
If a vendor requires a Purchase Order to process an order, the department shall submit a purchase order requisition to the Finance Department to initiate a purchase order. 12 - PURCHASE AWARD
A) Lowest responsive and Qualified Bidder
i) Bids shall be awarded to the “responsive” and “qualified” bidder who submits the lowest bid.
PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 14 OF 33
ii) In determining the lowest “responsive” bid, the following elements shall be considered in addition to price:
(1) A responsive bid is one which is in substantial conformance with the requirements of the invitation to bid, including specifications and the City’s contractual terms and conditions. Bidders who substitute terms and conditions or who qualify their bids in such a manner as to nullify or limit their liability shall be considered non-responsive bidders.
(2) Conformance with the requirements of the invitation to bid may also include providing proof of insurance, completing all forms, including references, and all other information as requested in the bid document. (3) The successful bidder must demonstrate the ability to successfully fulfill a contract, including rendering of subsequent and continuing service. Staff may request proof of a prospective bidder’s reliability. Prospective bidders may be requested to furnish proof of financial resources, a list of current or previous customers, and other pertinent data. Such action may also be taken after receipt of bids.
(4) A bidder may be determined to be non-responsive if a prospective bidder fails to furnish proof of qualifications when required.
iii) In determining the lowest “qualified” bidder, the following elements shall be considered in addition to price:
(1) That the products offered provide the quality, fitness, and capacity for the required usage.
(2) That the bidder has the ability, capacity, and skill to perform the contract satisfactorily and within the time required.
(3) That the bidder’s experience(s) regarding past purchases by the City or other public agencies demonstrates the reliability of the bidder to perform the contract.
iv) When a bid is recommended to be awarded to other than the low bidder, written justification is required. The written statement, signed by the appropriate department head, shall be attached to the purchase requisition.
B) Rejection of Bids
The Purchasing Agent or the requesting department may recommend rejection of any or all bids if it is determined to be in the best interests of the City. Reasons for rejection PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 15 OF 33
may include, but are not limited to, the following: a bid is determined to be nonresponsive, the number of bids received is inadequate, bids received are not reasonably uniform in price, or the lowest bid received is deemed to be too high. The Purchasing Agent may, in any given case, reject all bids with or without cause and submit the supplies, equipment or service involved to a new bidding process. If all bids are rejected, the Finance Department may be authorized to re-solicit bids, negotiate a contract for the purchase, or abandon the purchase.
C) Tie Bids
If two or more bids are received which are in all respects equal, the Finance Department may accept the one deemed to be in the best interests of the city.
D) Local Preference
The purpose of this policy is to encourage local companies to do business with the City and support the local economy. The policy builds on the City’s ongoing effort to improve the City’s systems of purchasing goods and service.
Bids for goods and services from businesses located in the City of Nevada City will be viewed more favorably than non-local competitors while still including factors such as cost and experience. For bids on goods or services, local businesses will have a 5% cost advantage.
The following contracts are exempt from the provisions of section:
Contracts funded in whole or in part from grants, donations, and gifts to the City to the extent the provisions would conflict with any special conditions attached to the grants, donations, or gifts, provided the gift and the special conditions have been approved and accepted by the City.
Contracts resulting from emergency conditions where any delay in completion or performance of the contract would jeopardize public health, safety, or welfare of the citizens of the City, or where in the judgement of the City Manager or his/her designee the operational effectiveness or a significant City function would be seriously threatened if the contract were not entered into expeditiously.
Contracts with any single or sole source supplier for supplies, material, equipment, or other personal property.
Contracts funded by the federal government. Local preferences shall not be used in the evaluation of bids or proposals unless State/Federal statues expressly mandate or encourage geographic preference.
PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 16 OF 33
13 - PURCHASE ORDER AMENDMENTS AND CHANGE ORDERS
Purchase Orders represent a contract between the City and the Vendor. Any substantial change to a Purchase Order shall be documented as an amendment and substantial changes to a construction project shall be documented as a change order. Amendments and change orders shall be reviewed by the Finance Department and shall be approved by the City Manager. A purchase order amendment may not be increased by more than 10% or $2,500, whichever is less, without a change order, except for taxes, shipping and handling as discussed below.
Estimated Taxes, shipping and handling may cause the purchase order to exceed the authorized purchase order amount. These items do not require a change order, even if they exceed 10% of the original purchase order amount.
All amendments to agreements, purchase orders or change orders must adhere to the purchasing thresholds outlined in Section 9 of this policy. All agreements, purchase orders or change orders that result in a total contract value exceeding $25,000.00 must be approved by City Council.
This applies regardless of whether the agreement or amendment was approved by the City Council or City Manager.
Change to a project that require the processing of an amendment or change order include, but limited to:
(1) Adding items or services being procured that increase the total purchase order or contract amount.
(2) Modifying unit prices or the total contract value
(3) Modifying the scope of work or services provided
(4) Modifying the contract completion time
(5) Changing account numbers or other elements of the initial Purchase Order Change Orders and Amendments shall not be utilized to add unrelated work to an existing Purchase Order or Contract. Unrelated work constitutes a new purchase and the Department making the purchase should follow the City’s procurement policy for a stand- alone purchase. In the event that there is a substantial benefit associated with having a vendor that is already under contract perform new work, a sole source exception may be requested only when it can be adequately justified. In the event that a change of vendor is required, the Purchase Order must be cancelled, and a new Purchase Order created.
14 - INFORMAL AND FORMAL BID PROCESS
Except as otherwise exempted in this policy, supplies, services, and equipment with an estimated value of $2,500.01 to $25,000.00 shall be purchased following an Informal Bid Process and purchases $25,000.01 or more shall be made following a Formal Bid Process.
To initiate the informal/formal bid process, the department making the request shall provide specifications for the item to be purchased and documentation showing the existence of an unencumbered appropriation for the item in the current approved budget. The requesting PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 17 OF 33
department shall solicit informal/formal bids as prescribed by the City of Nevada City Municipal Code.
A) Informal Bids (“Open Market”)
Informal bids, or Open Market Procedures (Nevada City Municipal Code 3.24.110), requires a minimum of 3 quotations and shall be awarded to the lowest responsible bidder. Informal quotations can be documented using the “Vendor Quotation Summary”.
The quotation summary shall include a description of the items to be purchased, names of the vendors contacted, method of obtaining quote, competitive price quotes obtained, and recommendation for award. Quotations shall be submitted to the Finance Department who shall keep a record of all open market orders and quotations for a period of one (1) year after the submission of the quotations or placing of orders. Informal bids may be posted at City Hall, mailed to prospective bidders a minimum of ten calendar days before the due date, obtained over the internet, or solicited over the phone.
B) Formal Bids (“Formal Contract Procedure”)
(1) Formal bids (Nevada City Municipal Code 3.24.100) apply to purchases of supplies and equipment of an estimated value greater than or equal to $25,000.01 shall be written contract with the lowest responsible bidder pursuant to the procedure herein after prescribed.
(2) Notice inviting bids – Notices inviting bids shall include a general description of the articles to be purchased, shall state where bid blanks and specifications may be secured, and the time and place for opening bids (3) Published Notice – Notices inviting bids shall be published at least ten (10) days before the date of opening of the bids. Notices shall be published twice in a newspaper of general circulation, published in the city website, or shall be posted in at least 3 public places in the city (one of which shall be City Hall). (4) Bidder’s list – The purchasing agent or department designee shall also solicit sealed bids from all responsible perspective suppliers whose names are on the bidder’s list or who have made written request that their names be added thereto.
(5) Bulletin Board – The purchasing agent or department designee shall also advertise pending purchases by a notice posted on a public bulletin board in the City Hall.
(6) Bidder’s Security - When deemed necessary by the purchasing agent, bidder’s security may be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 18 OF 33
shall forfeit his or her bid security upon his or her refusal or failure to execute the contract within ten (10) days after the notice of award of contract has been mailed, unless in the latter event the city is solely responsible for the delay in executing the contract. The city council, on refusal or failure of the successful bidder to execute the contract, may award it to the next lowest responsible bidder or reject all bids. If the city council awards the contract to the next lowest bidder, the amount of the lowest bidder’s security shall be applied by the city to the contract price differential between the lowest bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. If the city council rejects all bids presented and readvertises, the amount of the lowest bidder’s security may be used to offset the cost of receiving new bids (and the surplus, if any, shall be returned to the lowest bidder)
(7) Bid Opening Procedures – Sealed bids shall be submitted to the purchasing agent or departmental designee and shall be identified as “bids” on the envelope. Bids shall be opening in public at the time and place stated on in the public notices. A tabulation of all bids received shall be open for public inspection during regular business hours for period of not less than 30 calendar days after the bid opening.
(8) Rejection of bids – In its discretion, the City Council may reject any and all bids presented and readvertise for bids pursuant to the procedure herein above prescribed.
(9) Award of Contracts – Except as otherwise provided herein, contracts shall be awarded by authorizations outlined by the purchasing limits. (10) Tie Bids – If 2 or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the City Council may in its discretion accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders at the time of bid opening.
(11) Performance Bonds – The City Council shall have the authority to require a performance bond before entering a contract in such amount as it finds reasonably necessary to protect the best interests of the City. If the City Council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.
Bids shall be reviewed for compliance with specifications by the requesting department.
All deviations from the specifications shall be fully documented by the requesting department and the impact of the deviations on the performance or suitability of the bid PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 19 OF 33
item shall be detailed. Staff will prepare and forward a recommendation for approval of purchase. Informal bids shall be approved by the Purchasing Agent or City Manager.
Formal bids shall be approved by the City Council.
15 - PURCHASING CREDIT CARDS (“P-CARD”)
Under certain circumstances, the use of a City purchasing credit card may be the most appropriate method for certain purchases. All purchases made using the City’s purchasing credit card (“P-card”) are subject to this purchasing policy and the City’s current P-card policy. 16 - SPECIFICATIONS
It is the responsibility of each department to provide detailed, accurate specifications when requisitioning supplies, equipment, and services. Accurate specifications are essential for effective procurement of goods and services.
A) Sole Source Specifications
Sole source specifications shall be avoided whenever possible, as they minimize or eliminate competition. The appropriate authority (City Manager if total purchase is less than or equal to $25,000.00 or City Council if total purchase is $25,000.01 or more) may waive bidding requirements if sufficient written justification for a sole source purchase exists. Commodities and services, which can be obtained from only one manufacturer or vendor, are exempt from completive bidding. Sole source purchases include proprietary items sold directly from the manufacturer or items that have only one distributor authorized to sell in the area. Professional or general services vendors who possess specific expertise or past experience with the City facilities, projects, or studies may also be determined to be an appropriate use of the Sole Source Exception to competitive procurement.
Products that have been proven to be the only acceptable or compatible products to be utilized with existing City systems or equipment but that available on the open market from multiple sources maybe classified as sole source purchases.
Examples of when a sole source / sole brand procurement is not appropriate include, but are not limited to:
(1) Personal preference for a product or vendor
(2) Past utilization of a product or vendor (unless it is a City standard) (3) Vendor performance
(4) Availability of local service, maintenance, or delivery (5) Features exceeding the minimum requirements
PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 20 OF 33
All sole source purchases shall be supported by written documentation and a Sole Source Approval Form signed by the appropriate department head and forwarded to the Purchasing Agent for approval.
B) Standardization
Standardization of specifications for items common to several divisions and/or departments can facilitate the purchasing process. The Finance Department and departments shall work together to establish standard specifications for such items.
C) Brand Name, or Equal, Specifications
In purchasing equipment or supplies needed to be compatible with existing equipment, or to perform complex or unique functions, the Purchasing Agent may limit bidding to a specific product type or a brand name product.
Use of brand names in specifications shall be for the purpose of describing the standard of quality, performance, and characteristics the City desires and not be intended to limit or restrict competition. If a brand name is incorporated into a specification, a minimum of two acceptable brands shall be listed whenever possible and shall be followed by the statement “or approved equal” unless the sole source rule applies. This provision does not apply to Public Work projects where architects and engineers of records have the authority to require specific materials and technical specifications to meet their design intents.
Using specifications provided by a specific manufacturer should be avoided, however, if used, the name of the manufacturer, model number, etc., should be indicated. The bid document shall clearly state that the use of the manufacturer’s specifications is for the sole purpose of establishing the level of quality desired. The Purchasing Agent reserves the right to determine and approve any product submitted as an “or equal.” D) Vendor Assistance in Writing Specifications
There may be occasions when vendor assistance is required to develop a specification.
Such specifications shall be written in general terms and the vendor shall be informed that the information they provide may be used to develop specifications for a competitive bid process. The vendor shall be allowed to submit a bid but will not be given any preference over the other bids.
17 - PROFESSIONAL CONSULTANT SELECTION
A) Selection of Consultants for Professional Services (General):
(1) The following criteria shall be used to determine approval authority for Professional Consultant Service Contracts:
PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 21 OF 33
Contracts under or equal to $5,000.00 Department Head Approval Contracts of $5,000.01 - $25,000.00 City Manager Approval Contracts of $25,000.01 or greater City Council Approval (2) This policy specifically prohibits splitting a purchase to circumvent the limits set forth in item 1, above.
(3) The appropriate department head, with the approval of the City Manager, shall prepare a scope of work consistent with budget and project authorization. The Request for Proposal (RFP) shall outline the City requirements and project description. The list of solicited firms will be drawn from firms who, in the opinion of the department head, can perform the work. A Request for Qualifications may first be necessary if the required services are particularly specialized or if the qualifications of the available consultants are unknown.
The list of solicited firms may be limited to a minimum of 3 to 5 due to time constraints or specialties involved.
(4) The initial review of proposals shall be conducted by the involved department head(s), who shall make a recommendation to the City Manager regarding which consultants should be selected or invited to interviews.
Interviews, if warranted, (Contracts less than or equal to $25,000.00) will be conducted by the appropriate City staff members.
Formal interviews (for contracts of $25,000.01 or more) will be conducted or delegated to a senior staff committee by the City Council, or an ad hoc committee shall be formed to conduct the oral interviews for selected consultants.
(5) Qualifications should be the determining factor in the selection of a professional consultant. Staff shall then negotiate the final fee based upon the agreed scope of work.
(6) Prior to approval of a contract, the department head shall conduct appropriate background and reference checks and ensure that adequate bonding or security, if required, is posted.
(7) Consultants shall comply with all regulations and laws dealing with conflict of interest disclosure and reporting. Consultants shall not be engaged if a conflict of interest exists.
PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 22 OF 33
(8) Approval of “Additional Work” items shall comply with the limits outlined purchasing limits and authorization.
B) Selection of Consultants for Professional Services for Capital Improvement Projects:
(1) After the City Council adopts the next year’s Capital Improvement Program (CIP), the Director of Public Works shall develop a list of projects recommended for 1) appropriate City Council review and interview of consultants, or 2) staff to determine the selection of consultants. The City Council shall review the list for adoption or revision.
(2) Consultant selection shall be from a list of qualified professionals prepared by the department responsible for the project.
(3) If the project is to be reviewed by the City Council, a formal presentation and interview process will be arranged by the Director of Public Works. If the project is to be reviewed by staff, the Director of Public Works and the City Manager will determine the RFP review process.
C) Selection of Consultants for Professional Services for Continuing Services:
(1) Professional firms providing engineering, land surveying, transit, planning, environmental, auditing, architecture, landscape architecture or other services may be retained on a continuing basis to provide professional services within the scope of the original RFP/Contract. Continuing services are subject to the purchasing limits for informal/formal bidding process every 3 years from the original contract date, as detailed in Section 9 of this policy. The department head, with the approval of the City Manager, may contract on a project-by-project or on a retainer basis for additional work/services without going through the RFP and selection process. This is to ensure the City is receiving the best value in their services.
(2) Beginning each fiscal year, the Finance Department or City Clerk shall make a written request to each department head to submit to the City Manager a list of consultants currently under contract by their department, setting forth name of firms, type of services, cost of contracts, length of contracts and date entered into, and the number of years retained by the City.
D) Exclusions
(1) The process of selecting environmental impact report consultants for non-City projects shall be conducted by the Director of Development Services due to time restraints and application processing requirements. The final consultant selection and fee shall be reviewed and approved by the City Manager.
PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 23 OF 33
(2) City Council shall also review and approve each debt issuance in concept with approval for the selection of certain professional consultants, as needed, to be selected by the Director of Finance as approved by the City Manager. 18 - SURPLUS PERSONAL PROPERTY
The Purchasing Agent is responsible for the transfer and disposition of surplus City personal property. “Surplus property” is used generically to describe any City personal property that is no longer needed or useable by the holding department. The Purchasing Agent or designee has the authority to declare item(s) surplus.
Surplus property that may result from the termination of a lease agreement shall be specifically reported to the Purchasing Agent prior to the termination of the lease. The report shall include all information about the lease, including purchase price at the commencement of the lease, residual value at the end of the lease, the total payments through the end of the lease and the fair market value at the end of the lease. In determining the fair market value, each department shall document the methods used to make such determination including tools such as Kelly Blue Book, classified advertisements, and local vendors with similar products available.
Each department shall periodically review its equipment, material, and inventory, and shall promptly notify the Finance Department of any surplus property. A surplus property form shall be completed and submitted for each surplus property item. Surplus Property Forms are available from the Finance Department.
A) Methods Of Disposition
The Purchasing Agent or Department Designee shall determine or approve one of the following methods of disposition that is most appropriate and in the best interests of the City.
(1) Transfer to Another Department
Surplus property may be transferred between City departments. Departments wishing to transfer surplus property to or from another department shall complete the Surplus Property Form and submit it to the Finance Department for review.
All transfers of items with an estimated value of $1,000 or more require approval of the Department Heads from each department affected by the transfer. (2) Trade-In
Property declared as surplus may be offered as a trade-in for credit toward the acquisition of new property. All trade-in offers will be submitted for the review and approval of the Finance Department. If surplus property is to be applied to a purchase order, the trade-in value shall be itemized on the Purchase Order. The PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 24 OF 33
amount charged against the expenditure account will be the value of the purchase before application of the trade-in credit.
(3) Return to Manufacturer
Surplus property may, when possible, be returned to the manufacturer for buyback or credit toward the purchase of new property. (4) Disposal
Surplus property may be offered for sale by the Purchasing Agent. All surplus property is for sale “as is” and “where is”, with no warranty, guarantee, or representation of any kind, expressed or implied, as to the condition, utility or usability or the property offered for sale. Appropriate methods of sale are as follows:
(a) Public Auction - Surplus property may be sold at public auction. Public Auctions may be conducted by City staff, or the City may contract with a professional auctioneer including professional auction services or online auction system.
(b) Sealed Bids - Sealed bids may be solicited for the sale of surplus property.
Surplus property disposed of in this manner shall be sold to the highest responsible bidder.
(c) Selling for Scrap - Surplus property may be sold as scrap if the Purchasing Agent deems that the value of the raw material exceeds the value of the property as a whole.
(d) Negotiated Sale - Surplus property may be sold outright if the Purchasing Agent determines that only one known buyer is available or interested in acquiring the property.
(e) No Value Item – Where the Purchasing Agent determines that specific supplies or equipment are surplus and of minimal value to the city due to spoilage, obsolescence, or other cause or where the Purchasing Agent determines that the cost of disposal of such supplies or equipment would exceed the recovery value, the Purchasing Agent shall dispose of the same in such a manner as he or she deems appropriate and in the best interest of the City.
PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 25 OF 33
B) Proceeds
Proceeds from the sale or trade-in of surplus property shall be returned to the appropriate fund.
PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 26 OF 33
19 - GLOSSARY
AGREEMENT An understanding or arrangement between two or more parties.
Also see “Contract” and “Purchase Order”.
APPROPRIATION City Council authorization to expend public funds for a specific purpose.
AS IS A term indicating that goods offered for sale in existing condition are without Warranty or Guarantee.
AWARD The acceptance of a Bid or Proposal.
BID The executed document submitted by a Bidder in response to a Notice Inviting Bids (NIB), a Proposal, or a Request for Quotations.
BIDDER A person or legal entity who submits a bid in response to a solicitation. Proposer. See Bid or Proposal.
BLANKET
PURCHASE ORDER
An Agreement of no more than one year between the City and a Vendor allowing authorized City employees to charge repetitive Purchases of supplies, equipment or services at pre-arranged prices, dollar limits and/or other terms and conditions.
BRAND NAME A trade name which serves to identify a product or particular manufacturer.
CHANGE ORDER Written modification or addition to a Purchase Order or Contract/Agreement authorized by the appropriate authority.
CITY City shall mean the City of Nevada City, City of Nevada City Community Redevelopment Agency, City of Nevada City
Financing Authority and other such districts, authorities, or agencies as may be governed by the members of the City of Nevada City City Council.
PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 27 OF 33
CITY ATTORNEY Shall mean and include the City Attorney of the City of Nevada City, or agencies as may be governed by the members of the City of Nevada City City Council.
CITY COUNCIL Shall mean and include the City Council of the City of Nevada City and agencies as may be governed by the members of the City of Nevada City City Council.
CITY MANAGER Shall mean and include the City of Nevada City City Manager and agencies as may be governed by the members of the City of Nevada City City Council City Manager of the City of Nevada City.
COMPETITIVE
BIDDING
The submission of prices by individuals or firms competing for a Contract, privilege, or right to supply merchandise or services.
CONTRACT A verbal or written, legally binding mutual promise between two parties, e.g., an accepted Purchase Order.
CONTRACT
PURCHASE ORDER
A Purchase Order (usually issued for one year) which outlines unit prices to be charged by the Vendor for the term of the Purchase Order. This type of Purchase Order is generally used for such things as electrical, plumbing, and other goods and services which are anticipated to be needed periodically throughout the year. The Bids are usually expressed at hourly rates plus parts expressed at a specific Discount below list price.
CONTRACT
TRACKING FORM
DEPARTMENT
A form used to communicate to the Purchasing Agent that a Contract has been awarded and that certain dollar values, representing the amount expected to be spent during the current and future fiscal years, are to be encumbered. This form precedes the issuance of an Encumbrance Order.
A duly authorized and appointed representative of a City PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 28 OF 33
DESIGNEE department.
DISCOUNT An allowance or deduction from a normal or list price extended by a seller to a buyer to make the unit price more competitive.
DISPOSE OF To transfer or part with, to sell; to get rid of; to throw out.
EMERGENCY
PURCHASE
See Emergency Purchase.
ENCUMBRANCE Committing budgeted funds prior to receiving supplies, equipment, or services; funds are shown as an encumbrance until supplies, equipment or services are received, at which time funds are expended.
ENCUMBRANCE
ORDER
EQUIPMENT
Direction provided to the Finance Department using a
Contract Tracking Form to encumber contracts without the issuance of a Purchase Order.
Personal property necessary to conduct the City’s business, including, but not limited to furnishings, machinery, vehicles, rolling stock, and other property used to conduct the City’s business.
FORMAL BID A Bid which must be submitted in a sealed envelope and in conformance with a prescribed format, to be opened and
announced at a specified time at a public opening.
GENERAL
SERVICES
Services such as janitorial, uniform cleaning, maintenance, and other services for which the performance of such activities do not require any unique skill, special background, or training.
GUARANTEE A pledge or assurance that something is as represented and will be replaced or repaired if it fails to meet the stated Specifications.
PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 29 OF 33
INFORMAL BID Written or verbal Quotations for supplies, equipment, and services which pursuant to this policy are not required to meet the formal bidding requirements. Informal Bids include unsealed written quotes, verbal quotes and quotes received via fax.
LOWEST
(RESPONSIVE AND)
RESPONSIBLE
BIDDER
The Bidder submitting the lowest price and capable of
performing the proposed Contract. See also “Responsive
Bidder” and “Responsible Bidder”.
NON-RESPONSIVE
BID
A Bid that does not conform to the essential requirements of the Notice Inviting Bids. Non-Conforming Bid.
Unresponsive Bid.
NOTICE INVITING
BIDS
(NIB)
A formal notice, published in the newspaper or elsewhere or sent directly to potential Bidders, notifying them that the City is accepting bids for a specific purpose.
PROFESSIONAL
SERVICES
Any work performed by an auditor, attorney, doctor,
architect, engineer, land surveyor, construction project manager, appraiser, expert, or consultant, for example.
PROPOSAL The executed document submitted by an offer or in response to a Request for Proposals (and the basis for subsequent negotiation).
PUBLIC CONTRACT
CODE
Shall mean the Public Contract Code of the State of
California.
PUBLIC PROJECT
(definition is from
State of California
Public Contract Code)
a) A project for the erection, improvement, painting, or repair of public buildings and works.
b) Work in or about streams, bays, waterfronts,
embankments, or other work for protection against
overflow.
c) Street or sewer work except maintenance or repair.
d) Furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers.
PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 30 OF 33
PUBLICLY OWNED,
LEASED or
OPERATED
FACILITY
Any plant, building, structure, ground facility, utility system, real property, streets and highways or other capital
improvement which project is to be undertaken by the City.
PURCHASE Renting, leasing, purchasing, licensing or a trade of Equipment or Supplies.
PURCHASE ORDER
PURCHASING
DIVISION
A Purchaser’s document to formalize a Purchase transaction with a Vendor. Acceptance of a Purchase Order constitutes a Contract; a Purchaser’s written offer to a supplier stating all terms and conditions of a proposed transaction.
The division and/or department within the organization to which the purchasing function has been delegated by the Purchasing Agent.
PURCHASING
AGENT
The Director of Finance or his/her designated representative.
QUALIFIED BIDDER A “qualified” bidder, is a bidder that demonstrates the following characteristics:
(1) can provide product quality, fitness, and capacity for the required usage.
(2) has the ability, capacity, and skill to perform the contract or provide the service required.
(3) has demonstrated character, integrity, reputation,
judgment, experience, and efficiency, particularly with reference to past purchases by the city or other public agencies.
(4) has the ability to perform within the time required. (5) has shown quality of performance and/or of products PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 31 OF 33
QUOTATION
provided in previous contracts or services with the city or other public agencies.
(6) Note: Previous documented incidents of
unsatisfactory performance and/or unsatisfactory delivery, materials, or services may also result in a determination of unqualified.
A Bid. A statement of price, terms of sale, and description of goods or services offered by a prospective seller to a
prospective Purchaser, usually for Purchases below the
amount requiring Formal Bidding.
REQUEST FOR
PROPOSAL (RFP)
All documents, whether attached or incorporated by
reference, utilized for soliciting competitive Proposals. The RFP procedure permits negotiation of Proposals and prices as distinguished from Competitive Bidding and a Notice
Inviting Bids. The procedure allows changes to be made after Proposals are opened and contemplates that the nature of the Proposals and/or prices offered will be negotiated prior to Award.
REQUEST FOR
QUOTATION (RFQ)
The document generally used for seeking competition on
small Purchases or on any Purchase that does not require competitive Sealed Bidding. Can be used for obtaining price and delivery information for Sole Source and emergencies.
Also, see Quotation.
RESPONSIBLE
BIDDER
A person who has the capability in all respects to perform in full the Contract requirements, and the integrity and
reliability which will assure good faith performance.
RESPONSIVE
BIDDER
(1) A person who has submitted a Bid which conforms in all material respects to the Notice Inviting Bids (NIB) or (2) one whose Bid conforms in all material respects to the terms and conditions, Specifications, and other requirements of the NIB.
SEALED BID A Bid which has been submitted in a sealed envelope to prevent its contents from being revealed or known before the PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 32 OF 33
deadline for the submission of all Bids; required on Formal Bids.
SOLE SOURCE An Award for a commodity or service to the only reasonably known capable supplier due to the unique nature of the
requirement, the supplier, or market conditions.
SPECIFICATIONS A description of what the Purchaser seeks to buy or accomplish, and consequently, what a Bidder must be
responsive to in order to be considered for Award of a
Contract. A Specification may be a description of the
physical or functional characteristics, or the nature of a supply or service. It may include a description of any
requirements for inspecting, testing, or preparing a supply or service item for delivery.
SPLIT To divide a Purchase into two or more parts in order to avoid the requirements of the Purchasing Policy. This action is prohibited by the Policy.
Example :
Split:
If a department knows it will use $26,000.00 of a particular supply in one fiscal year and they place two orders six months apart to keep each order below the $25,000.00 limit, the action is considered Splitting and is not allowed under the policy.
Not Split:
If a department hires ABC Engineering to prepare a fee study for $8,000 and also hires the same company to oversee a capital improvement project for $9,000, the action is not considered splitting.
SUPPLIES Office Supplies, janitorial Supplies, materials, goods, tools, or other commodities used in the general conduct of the City’s PURCHASING POLICY CHAPTER 3.08
POLICY MANUAL
PURCHASING POLICY
PAGE 33 OF 33
SURPLUS
PROPERTY
business, excepting Supplies or materials for a Public Work which is regulated under the Public Contract Code section 20160, et seq.
Any City personal property that is no longer needed or usable by the holding department.
VENDOR A supplier of goods or services.
WARRANTY The representation that something is true. Not to be confused with “Guarantee”. A representation of utility, condition, and durability made by a Bidder or offeror for a product offered.
Attachment 1
PURPOSE
• To ensure that the use of City credit cards are properly authorized and to reduce the risk of fraudulent use of City credit cards.
• To establish policies and procedures for the use of City credit cards. • To expedite purchase of supplies and materials for less than $5,000.00.
DEFINITION OF TERMS
City credit cards are plastic or metal cards with a magnetic strip or embedded microchip authorized by the City of Nevada City through a vendor for the purpose of purchases as authorized under the City Purchasing Policy.
POLICY
Under certain circumstances, the use of a City credit card may be the most appropriate method for certain purchases. City Credit Cards are not to be used to circumvent the City's purchasing policies. The following policies and procedures are established to ensure internal control and timely payment of charges.
City credit cards shall be issued to an individual employee after approval by the employee's supervisor, department head and the City Manager. In order to obtain authorization to use a City credit card, a Purchasing Card Request & Authorization Form (Attachment 1) must be completed.
Prohibited Uses
The City credit card shall not be used for the following:
• Any personal items and personal services, even if the intent is to repay the City at a later date.
• Cash advances, wire transfers, money orders, etc.
• Betting, casino gaming, or related activities.
• Political or religious organizations.
• Court costs, fines, bail, or bonds.
• Rental or lease payments.
• Purchase of telephone services including pagers and calling cards, except for business telephone calls charged to a hotel/motel room while traveling on City business. • Alcoholic beverages.
• Other prohibited/restricted uses deemed by the City Manager. • Unauthorized purchase
In addition, for Internal Revenue Service (IRS) tax reporting requirements, except for Emergency Purchases (as defined below), City credit cards may not be used to purchase services provided by vendors who are doing business as partnerships or sole proprietors.
Examples of this inclusive, but are not limited to:
Attachment 1
a. Labor charges for auto repairs
b. Plumbers
c. ConstructionContractors
Authorized Uses
City credit cards shall be available to the staff for the conduct of official City Business, including but not limited to the following purposes:
a. Gasoline purchases for City vehicles when fueling the vehicle is necessary and the City fuel locations are closed or the distance to the City fuel locations are impractical. b. Authorized travel expenses and hotel charges which shall subsequently be documented on the travel reconciliation report.
c. To charge the cost of meals when required for the conduct of official business, except when an employee is traveling on a per diem basis. (See Travel Policy.) d. Other circumstances where the use of a credit card best meets the City's purchasing needs as determined by the City Manager or the appointeddesignee. e. No personal items shall be charged on any City credit card.
Spending Limits
There are two transaction limits placed on credit cards, which includes all tax, shipping, and any other charges to the transaction. Purchases by the use of a Purchasing Card shall not exceed:
a. Single purchase and transaction limit up to $5,000
1. $750 for Staff
2. $1,000 for Mid Managers
3. $2,500 for Department Heads
4. $5,000 for the Finance Director and City Manager (for emergencies) b. 30-Day monthly purchase limit up to $15,000 (unless otherwise authorized by the City Manager)
Single-purchase and transaction limit. Every purchasing card holder has an individual single purchase and transaction limit that may not exceed $5,000. A single item shall not exceed $2,500. The credit card company will not authorize purchases that exceed the limit.
Daily Limit. The maximum amount a cardholder may charge in one day. This enables the Cardholder to make more than one purchase on the same day. Please note that you are only allowed five (5) transactions per day.
30-Day Monthly Limit. In addition to a single-purchase and transaction limit, your Director or the Chief Financial Officer has established a 30-day monthly limit based on the anticipated purchasing needs of your department or division. The. 30-day period corresponds to the billingcycle.
Unique situations may arise where a required purchase exceeds a Cardholder's established limit. The cardholder shall contact their Supervisor or Department Head and complete a Purchasing Card Temporary Increase Request Form (Attachment 2). Once the form is approved and signed by the Department Head and City Manager, the Department Head will Attachment 1
forward to the Chief Financial Officer. The Chief Financial Officer shall contact the Agency Program Coordinator to temporarily increase a cardholder's spending Limits. At the end of the temporary 30 day period, the Agency Program Coordinator will restore the spending limit to its original amount.
Credit Card Purchase and Statement Procedure
All receipts must be turned in monthly with the credit card statement so they can be reconciled. Cardholders shall complete the following steps with each purchase:
Require the vendor to provide the following documentation:
a. Imprint of vendor name and identification
b. Date of purchase
c. Amount of purchase
d. Brief but specific description of items being purchased e. For meals:
1. Receipts must itemize the meals ordered
2. Document the meeting type and the attendees
Retain the sales draft with accompanying receipt/invoice. For internet orders, print a copy of the order form. For mail orders, maintain a copy of the order form.
Supervisor/Department Head Approval:
Once the Cardholder has verified and coded the purchase, an email is sent to that employee's supervisor who will electronically approve the purchase and verify the item has been charged to the correct department and account number. The Department Head should approve all credit card purchases in his/her department within 3 business days. (This should not be delegated.) When the Cardholder is a Department Head, the same procedures will be followed. The approval will be escalated to the City Manager.
Once the Department Head or City Manager has approved, the transaction will be routed to the Finance department for payment processing.
Payment Processing
Monthly credit card statements are mailed to the Finance department and circulated to each credit cardholder for their review and verification of the charges. Upon receipt of the statement, cardholders shall complete the
a. Balance all sales drafts, receipts/invoices, or order forms to the statement, which will show all transactions made during the billing cycle. All items must be accounted for on the statement with supporting documentation. If the cardholder had no purchases during the billing cycle, no statement will be generated. b. Indicate the account number to be charged for each item by writing it on the statement.
c. Within three (3) days of receipt of the credit card statement, submit the balanced statement with attached sales drafts, receipts/invoices, logs, and order forms to the Department Director for approval and routing to the Finance Department for Attachment 1
payment processing.
d. For purchases form Department Directors, the same procedures should be followed with submission of the balanced statement with attached sales drafts, receipts/invoices, logs and order forms to the City Manager for approval and routing to the Finance Department for payment processing.
Lost or Stolen Cards
When an employee's credit card is lost or stolen, the employee shall immediately notify:
a. The bank
b. The Police if a burglary, robbery, or other crime occurred c. Employee's approving official
d. Custodian of Record
e. Chief Financial Officer
f. City Manager
Provide the following information in writing to all parties:
a. Employee complete name
b. Purchasing card number
c. Date the loss was reported to the Police, if applicable d. Date the bank was notified
e. Any purchases made the day the card was lost or stolen Upon notification of lost or stolen card, the Chief Financial Officer will contact the Agency Program Coordinator to follow up with the bank to ensure the card has been deactivated.
Based upon a review by the Department Head, Chief Financial Officer and City Manger a new card may be re-issued by the bank. A new account number will be assigned to the employer's new card.
De-Activating Cards
When an employee with a Purchasing Card leaves the employ of the City, the following procedures shall be followed:
a. The employee shall tum in the card to their Department Head. b. The employee shall tum in all receipts for purchases made within that month to their department head or his/her designee for processing. c. The Department Head is responsible for collecting the card and delivering returned cards to the Finance Department to be stored in a safe. d. The Department Head or his/her designee is responsible for notifying the Finance Department in writing to deactivate thecard.
e. The Department Head should ensure the Purchasing Card Request & Authorization Form (Attachment 1) is updated with the date the card was surrendered and signature of supervisor accepting surrendered card. f. The updated Purchasing Card Request & Authorization Form (Attachment 1) should be forwarded along with the card to the Finance Department for processing and signature.
g. Once the card has been de-activated and final signatures and dates have Attachment 1
been added, the Finance Department should route a copy with all signatures to the Human Resources department for insertion into the employee's personnel file.
h. The Accounts Payable department will monitor the ongoing transactions on that account for 60 days to check for recurring charges that may need to be transferred to another card.
Emergency Purchases
If an emergency purchase is required and a credit card is used, the employee making the purchase or their department head shall follow the established procedure below to report the purchase to the finance department.
Since emergency purchases do not normally provide the City an opportunity to obtain competitive quotes or properly encumber funds committed, sound judgment shall be used in keeping such orders to an absolute minimum. In addition, the following requirements shall apply:
a. The Purchasing Agent shall be contacted as soon as possible for an advance purchase order number, which may be given verbally, to cover the emergency transaction. If unable to contact the Purchasing Agent, place the order and contact the Purchasing Agent the next workday.
b. A completed purchase requisition shall be submitted to the Purchasing Agent within two working days, or as soon as the information is available. All purchase requisitions for emergency purchases shall be signed by the appropriate department head.
c. Documentation explaining the circumstances and nature of the emergency purchase shall be submitted by the appropriate department head or designee as follows:
1. Purchases less than $5,000: Use standard purchasing procedures.
2. Purchases in the amount of $5,000 - $10,000: Requirethe approval of the City Manager.
d. If the emergency purchase causes a budget line item to exceed the approved budget, it shall be the responsibility of the department requesting the purchase to obtain subsequent City Councilapproval, through the Purchasing Agent, for an additional appropriation or to make a transfer to cover the purchase.
Failure to comply with City policy may result in the revocation of authorization to use the City credit card and may result in progressive discipline including termination of employment.
Attachment
Purchasing Card Request and Authorization Form
Attachment 7
DATE:
REQUEST
and the use of a City of Nevada City purchasing card.
Date
CREDIT CARD REQUEST / AUTHORIZATION
DESCRIPTION OF USE
MONTHLY LIMIT
REQUESTOR NAME:
DEPARTMENT:
Complete Form For New Card or Limit Increase
I have read and understand the City's policy concerning the responsibility of being assigned Employee Name Signature
ACKNOWLEDGEMENT
$1,000
$2,500
$5,000
$5,000 $5,000
Signature
For temporary limit increase Start date: End date:
Title Name
APPROVALS
Manager
Director
City Manager
City Manager
$2,500
$2,500
$5,000
$5,000
General Employees $750
Managers
Directors
CLASSIFICATION SINGLE LIMIT
Purchasing Agent
Nevada City Policy Manual
Fuel Card Use
Nevada City Policy Manual: Fuel Card Use 1
PURPOSE
The purpose of this policy is to establish uniform procedures, accountability, and controls for fueling motor vehicles and equipment owned by the City of Nevada City.
DEFINITION OF TERMS
A Fuel Card is a City-issued Fuel Card from a financial institution. The Fuel Card shall only be used on City vehicles and/or City equipment and is not authorized for use on any other vehicle or equipment.
POLICY
All individuals and departments that hold or control motor vehicles and equipment must comply with this policy and procedures contained in this Policy.
General Information
The Fuel Card is to be used for City of Nevada City official use only and may be used at Robinson Enterprises participating locations. Each driver will be issued a card and will have their own Personal Identification Number (PIN).
Obtaining a City Fuel Card
Various employees are authorized to receive a City issued Fuel Card PIN for City-related purchases. All employees operating City vehicles on a regular basis receive a card. Prior to receipt of the card, the employee will receive the associated policies and sign an agreement for use of the card and PIN. A copy of the agreement will be placed in the employees personnel file.
Use of Fuel Cards
a. The Fuel Card is to be used for City of Nevada City official use only. b. There will be one Fuel Card assigned per driver.
c. Each driver will have their own PIN.
d. Gasoline powered vehicles will use only regular unleaded 87 octane fuel. e. The Fuel Card can only be used for fuel purchases.
Prohibited Use of Fuel Card
The Fuel Card shall only be used to purchase fuel for use in City of Nevada City owned vehicles and equipment used for official City of Nevada City business. Therefore, it is imperative that cardholders understand the type of purchases that are strictly prohibited:
a. Non-City business.
b. Use of Fuel Card/PIN by any other person than the cardholder. c. Personal purchase of any kind, including fuel for personal vehicles. d. Cash advances.
e. Gift cards.
f. Car washes.
Nevada City Policy Manual
Fuel Card Use
Nevada City Policy Manual: Fuel Card Use 2
g. Alcoholic beverages.
h. Tobacco products.
i. Food, ice, beverages or related items including “snacks” while traveling on official j. City business.
k. Other purchases not specifically “Unleaded 87 Octane fuel for gasoline powered l. vehicles” or diesel (both regular and “red dye”) where appropriate.
NO EXCEPTIONS will be granted unless otherwise indicated.
Cardholder Responsibilities
Responsibilities of a Fuel Card/PIN holder include, but are not limited to:
a. Acknowledging receipt of the Fuel Card/PIN and understanding the Fuel Card Policy by completing the User Agreement for City-Issued Fuel Card Form. b. Directing questions about the proper use of the Fuel Card to the City Manager, Finance Director, or Department Director, or Department Manager. c. Never using the Fuel Card for transactions other than for official City purchases. d. Entering the Unit ID and Odometer, or “hours” (i.e. masticator, tractor, etc.), reading at the time of fuel purchase.
e. The Cardholder accepts full responsibility for the purchases made with the City issued Fuel Card.
f. Never purchasing items or services not for City use, inappropriate items or services, or items or services which violate any City policy. g. Never assigning or loaning the Fuel Card or PIN to other employees unless specifically authorized in writing by this policy or the City Manager. h. Ensuring the Fuel Card and PIN is secure from theft and misuse. i. Returning the Fuel Card upon request from the City Manager, Finance Director, or designee.
j. Notifying the Finance Director, or designee immediately if the Fuel Card is lost or stolen.
k. Verifying that the amount on the sales draft/receipt corresponds to the fuel purchased.
Fuel Card Coordinator/Department Supervisor/Approver Responsibilities a. Must review all fuel card transaction of supervised Cardholders to ensure compliance with policies and procedures.
b. Must review online reporting provided by Robinson Fleet Management. c. Notifies Robinson Fleet management when a cardholder leaves the organization. d. Monitors transactions to ensure all purchases are for City of Nevada City official use only and avoid misuse and fraud.
e. Review monthly Robinson report, reconcile report with receipts, code, sign, and submit for payment to Accounts Payable.
f. Create a Fuel Card inventory system.
g. Develop a training program for all cardholders to ensure understanding of policies, procedures, and consequences of misuse of the fuel card program. h. Responsible for the ordering, deactivating, cancelling, and collection of fuel cards and PINS.
Nevada City Policy Manual
Fuel Card Use
Nevada City Policy Manual: Fuel Card Use 3
Consequences of Non-Compliance
Any misuse of the card will result in reasonable disciplinary action that may include a combination of the suspension of fuel card access, termination of fuel card, and employment action.
Appendix
User Agreement for City-Issued Fuel Card / PIN
Nevada City Policy Manual
Fuel Card Use
Nevada City Policy Manual: Fuel Card Use 4
APPENDIX 1
USER AGREEMENT FOR CITY-ISSUED FUEL CARD/PIN
The following user agreement must be signed by all authorized employees of the City of Nevada City with access to a Fuel Card/PIN. I understand that the City of Nevada City has authorized my use of a City Fuel Card/PIN for authorized business expenditures on its behalf.
In accepting and/or using the card, I agree to be bound by the terms and conditions which follow.
• I will use the PIN issued to me only for the payment of authorized expenses consistent with my departments responsibilities and to satisfy department and City needs. • I understand the Fuel Card/PIN is to be used for City of Nevada City official use only. • I understand gasoline powered vehicles will use only regular unleaded 87 octane fuel, or diesel when appropriate.
• I understand the Fuel Card/PIN can only be used for fuel purchases. • I will not use the card to obtain cash advances.
• I understand that I am the only authorized user for the PIN assigned. • I will not share my PIN with any other person.
• I will not use the card for personal use or for any other non-City purposes. • I understand that all purchases shall be made in accordance with applicable purchasing, travel, and credit card policies and/or procedures in place and/or adopted by the City Council.
• I will surrender the Fuel Card/PIN to the Finance Director, or designee, in the event of my transfer within or separation from the City.
• I understand that any charges against the Fuel Card that are not properly identified or not allowed by the City shall be paid by me by check, currency, or salary deduction in US dollars. I further understand that any employee who has been issued a Fuel Card shall not use the card if any disallowed charges are outstanding and shall surrender the card upon demand of the City Manager, Finance Director, Department Director, or designee.
• I will immediately report any stolen or lost card to the Finance Director or designee. • I understand that any variance and/or violation of the above conditions will result in cancellation of my Fuel Card/PIN.
• I understand that misuse of the card could result in disciplinary action and/or personal liability for unapproved charges.
All City Fuel Card purchases are subject to examination by external auditors.
Employee:____________________________________ Date:__________________ Signature:____________________________________
RESOLUTION 2022-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY,
CALIFORNIA, ADOPTING PURCHASING POLICIES TO IMPLEMENT A REVISED
PURCHASING ORDINANCE
WHEREAS, Chapter 3.08 of the Nevada City Municipal Code contains the City's purchasing ordinance which has been in place since 1986; and WHEREAS, the City Council voted to update the City's purchasing ordinance to increase the internal efficiency of City operations with the first reading of Ordinance No. 2022-06 on May 25, 2022; and
WHEREAS, the City's purchasing ordinance contains broad purchasing rules that should be implemented with a detailed set of purchasing procedures contained in formally adopted purchasing policies; and
WHEREAS, the City Council finds that the attached Purchasing Policy, Purchasing Credit Card Policy, and Fuel Card Policy are necessary guidelines for staff to follow when purchasing goods, supplies, fuel and services; and
NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Nevada as follows:
Section 1. ThePurchasing Policy attached asExhibit A, thePurchasing Credit Card Policy attached as Exhibit B, and the Fuel Card Policy attached as Exhibit C are hereby adopted.
Section 2. Staff is directed to comply with these policies commencing on the effective date of Ordinance No. 2022-06
PASSED AND ADOPTED at a regularly scheduled meeting of the Nevada City City Council held on this 25th day of May, 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: May 25, 2022 Agenda Item No. 11
Subject: Conduct a Public Hearing in Consideration of
Ordinance No. 2022-07: Ordinance of the City of Nevada City Amending Sections of Chapter 12.02 (“Encroachments on
Public Right-of-Way”) of Title 12 (“Streets, Sidewalks and Public Places”) Regarding Resurfacing of Streets and
Sidewalks.
From: Bryan McAlister, City Engineer
Date: May 19, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for June 8, 2022.
ISSUE STATEMENT AND DISCUSSION:
City Council passed and adopted Ordinance No. 2021-04 on April 28, 2021, comprehensively adding Chapter 12.02, entitled "ENCROACHMENTS ON PUBLIC RIGHT-OF-WAY" to the Nevada City Municipal Code. Encroachments within the public right-of-way often involve necessary excavations of soil beneath public streets and sidewalks to install and maintain utility and other facilities. The current standard does not provide for returning streets to their pre-encroachment standard for newer projects.
Nevada City has recently incurred significant expense resurfacing streets and sidewalks within the City and seeks to protect those assets by limited encroachment and/or expanding rehabilitation requirements for them when disturbed. The proposed ordinance repeals and replaces Subsection 12.02.120 to add pavement rehabilitation requirements for encroachment into streets that have been constructed or resurfaced within five years.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Direct savings cannot be calculated although it is anticipated that the action will increase the life of paving projects in the City by providing a five-year period in which newly constructed or reconstructed areas are either not disturbed or are brought to current condition if disturbed.
ENVIRONMENTAL CONSIDERATIONS:
None
ATTACHMENTS:
Ordinance No. 2022-07
ORDINANCE 2022-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEVADA
CITY, CALIFORNIA, AMMENDING SECTIONS OF CHAPTER 12.02
(“ENCROACHMENTS ON PUBLIC RIGHT-OF-WAY”) OF TITLE 12
(“STREETS, SIDEWALKS AND PUBLIC PLACES”) REGARDING
RESURFACING OF STREETS AND SIDEWALKS.
THE CITY COUNCIL OF THE CITY OF NEVADA CITY DOES HEREBY FIND AS FOLLOWS:
WHEREAS, Nevada City has the authority enact regulations to promote the public health, safety and welfare under Article XI, Section 7 of the California Constitution; and
WHEREAS, Chapter 12.02 of the Nevada City municipal code contains regulations governing the issuance of encroachment permits within the City; and WHEREAS, encroachments within the public right of way often involve necessary excavations of soil beneath public streets and sidewalks to install and maintain utility and other facilities; and
WHEREAS, Nevada City has recently incurred significant expense resurfacing streets and sidewalks within the City; and
WHEREAS, well-surfaced streets and sidewalks improve public safety and improve the quality of life for all residents and visitors of Nevada City; and WHEREAS, Chapter 12.02 currently requires encroachment permittees to undertake measures to repair excavated streets and sidewalks, but the Nevada City Council finds that additional regulations governing resurfacing of streets and sidewalks in connection with the issuance of encroachment permits are necessary to protect the City’s investment and to preserve the public health, safety and welfare; and WHEREAS, the City Council, pursuant to the provisions of the California Environmental Quality Act (“CEQA”) (Cal. Pub. Res, § 21000) and State CEQA guidelines (14 CCR 15000) determines that this ordinance is exempt pursuant to Section 15601(b)(3) of Title 14 of the California Code of Regulations; and WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEVADA CITY HERBY ORDAINS AS FOLLOWS:
Section 1: Recitals. The City Council finds that all the recitals, facts, findings, and conclusions set forth above in the preamble of this Ordinance are true and correct.
Section 2: Section 12.02.120 (“Trenching, backfilling and resurfacing”) of Chapter
12.02 (“Encroachments on Public Right-Of-Way”) of Title 12 (“Streets, Sidewalks and Public Places”) of the Nevada City Municipal Code is hereby amended to read as follows:
12.02.120 - Trenching, back-filling and resurfacing.
A. All trenches shall be wide enough so that there is a minimum of 6 inches of clear space between the sides of the pipe or conduit and the trench walls to allow for compaction of bedding and backfill materials, unless otherwise authorized by the City Engineer.
B. Whenever any caving occurs in the side walls of any excavations, the pavements above such caving shall be cut away and fully restored and repaved at the expense of the permittee. In no case shall any void under any paved or improved surface be filled by side or lateral tamping.
C. The minimum cover over any and all pipes or conduits is 18", or more where required by building codes or where required by the City Engineer.
D. Required separation from any new pipe or conduits from City water, sewer and drainage facilities is 6 vertical and 5' horizontal, unless otherwise authorized by the City Engineer.
E. All trench backfill within the City's right of way shall be mechanically compacted 3/4-inch Class 2 aggregate base or two sack cement slurry material. The use of the existing soil ("native") for backfill shall not be allowed in pavement or sidewalk areas. Each eight-inch layer shall be compacted to 90% relative compaction with the top 12 inches being compacted to a 95% relative compaction. The cost of all compaction tests shall be the responsibility of the applicant.
F. Any longitudinal trenches in existing sidewalk shall require the saw-cutting and removal of the full width of the existing sidewalk. Replacement shall conform with city standard specifications. All cuts in concrete shall be made to the nearest score line unless otherwise permitted by the city engineer.
G. Temporary Surfacing - In roadway areas, a temporary asphalt plant mix "cutback" surface not less than 2-inches in thickness may be placed immediately after the top backfill has been completed and compacted. This temporary surface shall be maintained at a level surface until removal.
H. Before the final asphalt concrete patch is placed, the edges of the asphalt concrete shall be ground one-foot wider than the sawcut width of the trench to create smooth parallel T-section edges. The asphalt within edge grinding section beyond the walls of the trench shall be replaced at a minimum depth of 1-1/2” inch and the asphalt within the trench section shall be replaced at a minimum depth of 3 inches.
I. All areas of disturbance shall be restored with materials, including color, texture, quality and finish to closely match adjacent surfaces; and per City standards; and to restore conditions that existed prior to the encroachment.
J. Permittee is responsible for pollution prevention including materials management, runoff to drainage facilities, spill prevention and control, sediment control and erosion control.
K. No open excavation shall be left unattended at any time.
L. Full lane width pavement restoration is required for encroachment into streets that have been constructed or resurfaced within five years. Full lane width pavement restoration shall consist of pavement resurfacing of the full lane width along the entire length of the trench plus one foot on either end. All lanes that are affected shall be ground down 1-1/2” inches and repaved with 1-1/2” inches of asphalt concrete. Feasible alternatives to make the necessary encroachment using a trenchless method shall be used to avoid excavating a newly resurfaced street whenever possible.
Section 3: Compliance with CEQA. Adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines because it is not a “project” and because it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment.
Section 4: Inconsistencies. Any provision of the Nevada City Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.
Section 5: Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, state, or federal law, regulation, or codes dealing with life safety factors.
Section 6: Effective Date. This Ordinance shall become effective 30 days after its final adoption and a copy of this ordinance shall be published in The Union, a newspaper of general circulation, within fifteen (15) days of the date of its passage.
Section 7: Certification. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted or published in the manner as required by law.
PASSED AND ADOPTED at a regularly scheduled meeting of the Nevada City City Council held on this 25th day of May, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Duane Strawser, Mayor
ATTEST: APPROVE AS TO FORM:
__________________________ __________________________
Niel Locke, City Clerk Dean J. Pucci, City Attorney
STATE OF CALIFORNIA )
COUNTY OF NEVADA ) ss
CITY OF NEVADA CITY )
I, ______, CITY CLERK of the City of Nevada City, California, do hereby certify that the foregoing urgency ordinance was regularly introduced and adopted by the City Council of the City of Nevada City, California, at a regular meeting thereof held on the ____ day of ___, 2022, by the following vote of the City Council:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Nevada City, this __ day of ___, 2022.
__________________________
_________________, City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: May 25, 2022 Agenda Item No. 12
Subject: Consideration of Resolution No. 2022-37: A
Resolution of the City Council of the City of Nevada City Declaring Every November in Nevada City Nisenan Heritage Month and Direct Staff on Property Acquisition Under the Nisenan Land Back Initiative and Related Activities
From: Sean Grayson, City Manager
Date: May 20, 2022
Reviewed & Approved:
Recommended Action: Adopt the Resolution and provide direction to staff.
ISSUE STATEMENT AND DISCUSSION:
On September 23, 2020 the City Council of the City of Nevada City adopted Resolution No. 2020-72:
Pledging Support to the Nisenan Tribal Community of the Nevada City Rancheria to Preserve and Protect their Native Culture and Acknowledging the Ancestral Nisenan Lands. Specifically, the City Council resolved:
1. We acknowledge the continued existence of our oldest Nevada County residents and citizens, the Nisenan Indian people; and
2. We support the Nevada City Rancheria Nisenan Tribe in their effort to restore their Federal Recognition; and
3. We support the restoration of the Tribe’s Federal status and all rights that come with it; and
4. We support the Tribe’s request to have lands within Nevada County taken into trust; and
5. We support the Tribe’s inherent rights to self-governance; and
6. We recommend that the U.S. Congress enact legislation to restore Federal Recognition to the Nevada City Rancheria; and
7. We recommend that the State of California adopt a Joint State Resolution in support of the restoration of Federal Recognition to the Nevada City Rancheria; and
8. We recommend our local Nevada County Board of Supervisors adopt a resolution in support of the restoration of the Federal Recognition of the Nevada City Rancheria.
In order to hold to the tenets of the resolution the City seeks and opportunity for ongoing dialogue with the community and the Nisenan. One small way to provide opportuning for the dialogue is for the City to engage in the existing Nisenan Heritage Month and Nisenan Heritage Day. The proposed resolution would declare every November in Nevada City Nisenan Heritage Month and, among other whereases, hold that, “celebrating Nisenan Heritage Month allows those who visit, live, work, and play in Nevada City the opportunity to hear, listen, and consider the true and authentic story of the Nisenan told in their own words”.
The tenets of Resolution No. 2020-72 largely reflect the impacts of land takes from the Nisenan over time. The return of land to the Nisenan is a central theme supported in the resolution. A component of federal recognition includes the retention of land that was once identified by Presidential Order as belonging to the Nisenan. As part of a Land Back initiative the City had previously offered to deed a portion of City owned land that was once part of federally recognized land back to the Nisenan. It was believed that the Old Airport land currently owned by the City contained formerly federally recognized land. Although it is likely at some point the lands converged, the current parcels owned by the City do not contain any land identified in the Presidential Order.
As an alternative staff proposes to seek the cooperation of private land owners of parcels adjacent to the Old Airport that are documented to the on the land identified in the Presidential Order. A lot line adjustment to include a portion of the identified land with the Old Airport land would subsequently allow the City to create a parcel of land for transfer to the Nisenan that addresses the basic need of retention of previously federal recognized lands of the Nisenan. Staff proposes that the Council direct the City Manager to pursue this path of Land Back and for the City to provide for the costs of map recordation, property transfer and other related fees.
Two previous offers were made to the Nisenan in regard to Resolution No. 2020-72. First, that the City Council approve fee waivers for City Special Event applications made by the Nisenan for Nisenan Heritage Day or other similar events. The Council could direct the City Manager to implement this offer and any future special event applications brought before the City Council for approval would include this provision. The second offer was that the City provide one no fee parking pass for access to the Uba Seo Gallery on Broad Street. The Council could direct the City Manager to implement this offer.
FINANCIAL AND/OR POLICY IMPLICATIONS:
There are no anticipated cost related to the adoption of the resolution. The City will request a fee waiver from Nevada County for the lot line adjustment and parcel development as noted, without the waiver the anticipated to cost approximately $1500 in processing and filing fees. Fee waiver for special events would be based on the event parameter and fees as the time of the event; an estimate for 2022 would be $100.
The estimated value of the parking pass is $480.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable to this action. Any environmental considerations identified in a land transaction would be identified in future action.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Resolution 2022-37
Nisenan Land Acknowledgement
RESOLUTION 2022-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY,
CALIFORNIA, DECLARING EVERY NOVEMBER IN NEVADA CITY
NISENAN HERITAGE MONTH
WHEREAS, the City Council of the City of Nevada City recognizes and declares every month of November in Nevada City as Nisenan Heritage Month; and WHEREAS, the history of the Nevada City area, and the people, is rich in heritage, culture and tradition; and
WHEREAS, this area was, and still is, the Tribal land of the Nisenan people; and WHEREAS, on September 23, 2020 the City Council of the City of Nevada City adopted Resolution No. 2020-72: Pledging Support to the Nisenan Tribal Community of the Nevada City Rancheria to Preserve and Protect their Native Culture and Acknowledging the Ancestral Nisenan Lands; and
WHEREAS, celebrating Nisenan Heritage Month allows those who visit, live, work, and play in Nevada City the opportunity to hear, listen, and consider the true and authentic story of the Nisenan told in their own words; and
WHEREAS, the celebration of Nisenan Heritage Month shall forever be in November in Nevada City, the celebration of Nisenan Heritage should be everyday; and NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Nevada that every November in Nevada City is recognized and declared as Nisenan Heritage Month.
PASSED AND ADOPTED at a regularly scheduled meeting of the Nevada City City Council held on this 25th day of May, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Duane Strawser, Mayor
ATTEST:
__________________________
Niel Locke, City Clerk
WE ACKNOWLEDGE THE NISENAN
PEOPLE ARE STILL HERE AMONG US
TODAY, THOUGH THEY ARE NEARLY
INVISIBLE AND THEIR STORY
CONTINUES TO BE EXCLUDED FROM
HISTORY.
WE UNDERSTAND WE ARE ON NISENAN
LAND THAT WAS NEVER CEDED AND
THE ORIGINAL TRIBAL FAMILIES HAVE
YET TO RECOVER FROM THE NEAR
GENOCIDE OF THEIR PEOPLE.
AS A RESIDENT OR VISITOR IN NISENAN
LAND, WE SUPPORT THE NEVADA CITY
RANCHERIA NISENAN TRIBE IN
EFFORTS TO STABILIZE THEIR PEOPLE
AS WELL AS THE CAMPAIGN TO
RESTORE TRIBAL SOVEREIGNTY
THROUGH FEDERAL RECOGNITION.
- LAND ACKNOWLEDGEMENT
For more information and to support the Tribe visit Nisenan.org
ADOPT- A-SLIVER PARTICIPANT AGREEMENT
CITY OF NEVADA CITY
1 This Agreement (“Agreement”) is made on ________, 2022 by and between the City of Nevada City (“City”) and ______________________, an individual who is at least 18 years old (“Participant”), in Nevada City, California.
RECITALS
1. Upon recommendation of the Fire Safety Advisory Committee, the City Council has established the Adopt-a-Sliver program, which gives participants permission to maintain small pieces of public property in fire-safe condition, as defined by Article II of Chapter 8-10 of the Nevada City Municipal Code.
2. Participant wishes to receive permission to maintain the following generally described sliver (“Sliver”) of public property in fire-safe condition:
The parties agree:
1. The above recitals are true.
2. City hereby gives Participant permission to maintain the Sliver in fire-safe condition. This permission is personal to Participant. Anyone else who wishes to maintain the Sliver must first sign a Participant agreement.
3. Participant agrees to maintain the Sliver in fire-safe condition using Participant’s own tools and equipment in compliance with all laws and at Participant’s own expense. Participant understands and agrees:
• Participant’s use of the Sliver under this Agreement is limited to maintaining the Sliver in fire-safe condition
• The Sliver is otherwise to remain in its current condition of accessibility to the public and the City
• Participant is not a City volunteer and the City does not provide workers compensation coverage for Participant’s Sliver maintenance
• City may at any time suspend or end the Adopt-a Sliver program, or withdraw the permission given in this Agreement, by giving notice to Participant • If the program or Participant’s permission is suspended or ended, Participant will immediately remove Participant’s tools and equipment and surrender the Sliver to the City. If Participant does not remove tools and equipment within ten days after City gives Participant notice mailed to the address below, City may dispose of the items at Participant’s expense.
4. City’s permission given in this agreement expires on _________________. City and Participant may execute an extension to this agreement before expiration.
5. In return for the opportunity to participate in the City’s Adopt-a Sliver program, Participant agrees:
• Participating in the Adopt-a-Sliver program has risks. These include, but are not limited to, bodily injury and property damage that may result from tools and equipment; slips and falls;
ADOPT- A-SLIVER PARTICIPANT AGREEMENT
CITY OF NEVADA CITY
2 and exposures to weather, plants, animals and diseases such as Covid-19. Participant acknowledges these risks, has examined the program and the Sliver, and assumes the risk of participating in the Adopt-a-Sliver program. ______ (Initials.) • In return for the opportunity to participate in the Adopt-a-Sliver program, neither Participant nor Participant’s heirs, executors, representatives, administrators or assigns will make a claim against nor sue the City, its employees, officers, volunteers, agents, contractors, representatives and insurers (collectively “City+”) for injury or damages resulting from the negligence or other acts, however caused, by City+ as a result of the Adopt-a-Sliver program. ____Initials.)
• Participant also hereby releases, discharges and agrees to indemnify City+ from all actions, claims or demands Participant now has or may hereafter have for injury, death or damage resulting from the Adopt-a Sliver program. _____ (Initials.) • Participant intends the above agreement to be as broad and inclusive as California law allows. If any portion of this agreement is held invalid, Participant wishes the balance to remain in full force and effect. _____Initials.)
PARTICIPANT HAS CAREFULLY READ THIS AGREEMENT AND UNDERSTANDS ITS CONTENTS. PARTICIPANT IS AWARE THAT THIS IS A RELEASE OF
LIABILITY AND A CONTRACT BETWEEN PARTICIPANT AND CITY, AND THAT PARTICIPANT IS GIVING UP THE RIGHT TO GO TO COURT AGAINST CITY.
PARTICIPANT SIGNS OF PARTICIPANT’S OWN FREE WILL WITHOUT INDUCEMENT.
6. This is the entire agreement between the parties. Any modification must in writing and signed. California law controls this agreement. Any action under this agreement will be in Superior Court for the County of Nevada.
DATE:_____________
SIGNATURE OF PARTICIPANT:_________________________________________________ Printed name and address:________________________________________________________ _____________________________________________________________________________
CITY OF NEVADA CITY
Signature:_____________________________________________________________________ Name and Title:________________________________________________________________ Nevada City
Fire Safety
Advisory Committee
Welcomes Sean Grayson!
February 16, 2022
NCFSAC Committee Members
Erin Minett - Committee Chair - Nevada City City Council Sam Gitchel - Committee Vice Chair / Greater Champion FWC Chief Sam Goodspeed - Nevada City Division Chief - Advisor Pete Williams - Facilitator / Greater Champion FWC
Terry Anderson - Willow Valley FWC
Annette Seabury - Cement Hill FWC
Richard Thomas - Deer Creek Southside FWC
Teri Voorhes - Deer Creek Southside FWC
Open position 2022
Carrie Monohan - Available for grant consulting, with The Sierra Fund NCFSAC established April 15, 2020
January 2020
3 FWC’s presented wildfire preparedness concerns to the City Council These concerns were included in the Nevada City Strategic Planning Retreat of 2020.
This resulted in the formation of the Nevada City Fire Safety Advisory Committee which first met on April 15, 2020.
Meetings held on the second Wednesday of the month. (Currently on hold until May of 2022)
NCFSAC Mission Statement
“To promote public fire safety and community involvement to protect Nevada City residents, business owners, visitors and structures from wildfire. Establish objectives to support overall vegetation management and wildfire mitigation, identify funding sources, and promote public education and awareness.”
Nevada City Firewise
Communities
Cascade Shores
Cement Hill
Greater Champion
Deer Creek Southside
Echo Ridge
Foxwood-Slate Creek
Friends of Banner Mountain
Lake Vera/Round Mountain
Willow Valley
Effective Firewise Community Projects
-Greater Champion FWCCommunity Work days includeHazardous tree removal from Old Downieville Highway.
Removal of Scotch broom from
Old Downieville, Champion
Road, Tribute Trail
All Firewise Communities
maintain databases of residents
and have immediate email
capability to help get
information out.
Cement Hill Clean-Up Day! Deer Creek Southside-NFPA
Winner for 2021!
NCFSAC Accomplishments
● Provided Volunteer support and
promotion for Free Green Waste Days
throughout 2020-2021.
● Identified City owned Slivers-GIS
Map created. Created
Adopt-A-Sliver program.
● Nevada City website Wildfire Preparedness
page-updated with links to trusted partners.
● Monthly opportunity for Nevada City
Staff and local residents to share
concerns and progress in the area of
Wildfire Safety.
NCFSAC moving forward
● Liaison to participate in Deer Creek
Canyon Shaded Fuel Break Project
● NCFSAC Subcommittee to complete
Nevada City Vegetation Management
Ordinance Review
● NCFSAC subcommittee creation of
ByLaws
● Ongoing Nevada City Website updates
● Adopt a Sliver Program - Successful
launch of the program.
● Street Sign Replacement-This has been
pointed out as a hazard in most FWC
Assessments completed by NFPA.
● Spring Street Hazard Abatement
● Old Airport Work - Neighborhood
Communication Plan
● Support of Providence Mine Illegal
camping and trash Cleanup-Target date
of May 7, 2022 (NFPA Community
Wildfire Preparedness Day)
● Continue to identify and assist in
application process of grant
opportunities.
● Continue to share education and
resource opportunities with Nevada City
and FWC’s to eliminate recreating the
wheel.
Final thoughts
Our continued success relies
strongly on the communication
and feedback between Nevada
City Staff and our residents. A
strong partnership will take us far!