Regular Meeting
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY June 8, 2022 5:30 P.M.
CLOSED SESSION—Pursuant to cited authority, the City Council will hold a closed session to discuss the following listed items. A report of any action taken will be presented during the regular meeting.
CLOSED SESSION PUBLIC COMMENT: Members of the public are entitled to comment on the closed session agenda before the Council proceeds into closed session.
A. Conference with Labor Negotiator (§54957.6)
Labor Negotiator:
• Sean Grayson, City Manager
Employee Organizations:
• Nevada City Police Officer’s Association
• Nevada City Police Supervisor’s Association
• Nevada City Miscellaneous Employees
• Nevada City Management and Supervisory Employees
• Unrepresented Employees
B. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to § 54956.9(e)(5) One (1) matter
WEDNESDAY June 8, 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)
ANNOUNCEMENT OF ACTION FROM CLOSED SESSION
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 25, 2022 Regular Meeting
Recommended Action: Review and approve
2. Accounts Payable—May 2022
Recommended Action: Receive and file
3. Police Activity Report—May 2022
Recommended Action: Receive and file
4. Building Activity Report—May 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 Resolution No. 2022-38: A Resolution of the City Council of the City of Nevada City to Extend for 60 Days Proclamation No. 2022-22 Declaring the Existence of a Local Emergency Due to the December 27, 2021 Snow Storm Recommended Action: Adopt resolution
7. Consideration of the Purchase of Supplies and the Authorization of the Completion of the Pioneer Park Pedestrian Bridge Reconstruction Project Recommended Action: Approve the purchase authorization
8. Consideration of the Purchase of Materials and the Authorization of the Completion of the Pioneer Park Bleacher Rehabilitation Project in Coordination with Nevada City Little League
Recommended Action: Approve the purchase authorization
9. Consideration of Adoption of Resolution No. 2022-39: A Resolution of the City Council of the City of Nevada City Approving Compensation Ranges for Authorized Positions
Recommended Action: Adopt the resolution
10. Consideration of Request from Waste Management Disposal for a Rate Increase as Provided for and Set Forth in its Agreement with the City and Consideration of Resolution No. 2022-40: A Resolution of the City Council of the City of Nevada City Approving a Rate Increase for Refuse Service Based on the U.S. City Average Consumer Price Index for All Urban Consumers
Recommended Action: Adopt the resolution
11. Second Reading and Adoption 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
Recommended Action: Hold second reading and adopt ordinance
12. Second Reading and Adoption of Ordinance No. 2022-07: Ordinance of the City of Nevada City Amending Sections of Chapter 12.02 (“Encroachments on Public Rightof-Way”) of Title 12 (“Streets, Sidewalks and Public Places”) Regarding Resurfacing of Streets and Sidewalks
Recommended Action: Hold second reading and adopt ordinance 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.
13. Conduct a Public Hearing in Consideration of Resolution No. 2022-41 To File a Notice of Exemption; Ordinance No. 2022-08 Approving the Annexation and Prezoning; and Resolution No. 2022-42 Request to Initiate Proceedings; for the Annexation of 43.5 Acres Located in Two Distinct Areas of the City Sphere of Influence Along State Highway 49 and Old Downieville Highway, City Annexation No. 57 Recommended Action: Approve Resolution 2022-41 for filing a Notice of Exemption for the annexation, and pre-zoning pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment making finding A:
A. That the pre-zoning will provide land use designations that are either compatible with existing developed uses or compatible with the Nevada City General Plan Land Use Designations and the planned use of the properties to be annexed for which an EIR was prepared and certified in 1986
Adopt Ordinance 2022-08, approving the annexation of 43.5 acres of Nevada County territory into the City of Nevada City and pre-zoning the properties as provided in the Ordinance making findings A-C:
A. That all the proposed annexation territory is within the City’s current Sphere of Influence boundary;
B. That all of the proposed annexation territory will be pre-zoned in a manner that is compatible with the City’s General Plan Land Use designations as may be amended; and
C. That the City has the capacity to serve the proposed annexation territory in terms of Police, Fire, and Sewer service.
Approve Resolution 2022-42, initiating an annexation application with LAFCo for all that territory delineated on the map known as Annexation #57 (Exhibit B), making findings AB:
A. That all the proposed annexation territory is within the City’s current Sphere of Influence boundary; and
B. That the City has the capacity to serve the proposed annexation territory in terms of Police, Fire, and Sewer service.
BUSINESS
14. Consideration of Resolution No. 2022-43: A Resolution of the City Council of the City of Nevada City Requesting the Nevada County Auditor-Controller and Tax Collector to Collect Nevada City’s 2002 Special Tax (Measure K) for Fiscal Year 2022-2023; and
Consideration of Resolution No. 2022-44: A Resolution of the City Council of the City of Nevada City Requesting the Nevada County Auditor-Controller and Tax Collector to Collect Nevada City’s Special Tax (1986) for Fiscal Year 2022-2023 Recommended Action: Adopt the resolutions
15. Consideration of Resolution No. 2022-45: A Resolution of the City Council of the City of Nevada City Requesting the Nevada County Board of Supervisors to Authorize the County Auditor Controller and the County Tax Collector to Levy and Collect Delinquent Sewer and/or Water Service Charges Against Certain Properties within the City of Nevada City
Recommended Action: Adopt the resolution
16. Receive a Report on the Current and Proposed Changes to the Citywide Fee Structure and Provide Direction to Staff for Inclusion of a Master Fee Schedule Resolution with the Fiscal Year 2022/23 Budget.
Recommended Action: Receive the report 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 COUNCILLMEMBER TO EXTEND THE TIME.
Certification of Posting of Agenda
I, Amy Wolfson, City Planner for the City of Nevada City, declare that the foregoing agenda for the June 8, 2022 Regular Meeting of the Nevada City City Council was posted June 3, 2022 at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed June 3, 2022 at Nevada City, California
____________________________________________________________ Amy Wolfson, City Planner
Regular Meeting
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY June 8, 2022 5:30 P.M.
CLOSED SESSION—Pursuant to cited authority, the City Council will hold a closed session to discuss the following listed items. A report of any action taken will be presented during the regular meeting.
CLOSED SESSION PUBLIC COMMENT: Members of the public are entitled to comment on the closed session agenda before the Council proceeds into closed session.
A. Conference with Labor Negotiator (§54957.6)
Labor Negotiator:
• Sean Grayson, City Manager
Employee Organizations:
• Nevada City Police Officer’s Association
• Nevada City Police Supervisor’s Association
• Nevada City Miscellaneous Employees
• Nevada City Management and Supervisory Employees
• Unrepresented Employees
B. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to § 54956.9(e)(5) One (1) matter
WEDNESDAY June 8, 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)
ANNOUNCEMENT OF ACTION FROM CLOSED SESSION
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 25, 2022 Regular Meeting
Recommended Action: Review and approve
2. Accounts Payable—May 2022
Recommended Action: Receive and file
3. Police Activity Report—May 2022
Recommended Action: Receive and file
4. Building Activity Report—May 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 Resolution No. 2022-38: A Resolution of the City Council of the City of Nevada City to Extend for 60 Days Proclamation No. 2022-22 Declaring the Existence of a Local Emergency Due to the December 27, 2021 Snow Storm Recommended Action: Adopt resolution
7. Consideration of the Purchase of Supplies and the Authorization of the Completion of the Pioneer Park Pedestrian Bridge Reconstruction Project Recommended Action: Approve the purchase authorization
8. Consideration of the Purchase of Materials and the Authorization of the Completion of the Pioneer Park Bleacher Rehabilitation Project in Coordination with Nevada City Little League
Recommended Action: Approve the purchase authorization
9. Consideration of Adoption of Resolution No. 2022-39: A Resolution of the City Council of the City of Nevada City Approving Compensation Ranges for Authorized Positions
Recommended Action: Adopt the resolution
10. Consideration of Request from Waste Management Disposal for a Rate Increase as Provided for and Set Forth in its Agreement with the City and Consideration of Resolution No. 2022-40: A Resolution of the City Council of the City of Nevada City Approving a Rate Increase for Refuse Service Based on the U.S. City Average Consumer Price Index for All Urban Consumers
Recommended Action: Adopt the resolution
11. Second Reading and Adoption 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
Recommended Action: Hold second reading and adopt ordinance
12. Second Reading and Adoption of Ordinance No. 2022-07: Ordinance of the City of Nevada City Amending Sections of Chapter 12.02 (“Encroachments on Public Rightof-Way”) of Title 12 (“Streets, Sidewalks and Public Places”) Regarding Resurfacing of Streets and Sidewalks
Recommended Action: Hold second reading and adopt ordinance 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.
13. Conduct a Public Hearing in Consideration of Resolution No. 2022-41 To File a Notice of Exemption; Ordinance No. 2022-08 Approving the Annexation and Prezoning; and Resolution No. 2022-42 Request to Initiate Proceedings; for the Annexation of 43.5 Acres Located in Two Distinct Areas of the City Sphere of Influence Along State Highway 49 and Old Downieville Highway, City Annexation No. 57 Recommended Action: Approve Resolution 2022-41 for filing a Notice of Exemption for the annexation, and pre-zoning pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment making finding A:
A. That the pre-zoning will provide land use designations that are either compatible with existing developed uses or compatible with the Nevada City General Plan Land Use Designations and the planned use of the properties to be annexed for which an EIR was prepared and certified in 1986
Adopt Ordinance 2022-08, approving the annexation of 43.5 acres of Nevada County territory into the City of Nevada City and pre-zoning the properties as provided in the Ordinance making findings A-C:
A. That all the proposed annexation territory is within the City’s current Sphere of Influence boundary;
B. That all of the proposed annexation territory will be pre-zoned in a manner that is compatible with the City’s General Plan Land Use designations as may be amended; and
C. That the City has the capacity to serve the proposed annexation territory in terms of Police, Fire, and Sewer service.
Approve Resolution 2022-42, initiating an annexation application with LAFCo for all that territory delineated on the map known as Annexation #57 (Exhibit B), making findings AB:
A. That all the proposed annexation territory is within the City’s current Sphere of Influence boundary; and
B. That the City has the capacity to serve the proposed annexation territory in terms of Police, Fire, and Sewer service.
BUSINESS
14. Consideration of Resolution No. 2022-43: A Resolution of the City Council of the City of Nevada City Requesting the Nevada County Auditor-Controller and Tax Collector to Collect Nevada City’s 2002 Special Tax (Measure K) for Fiscal Year 2022-2023; and
Consideration of Resolution No. 2022-44: A Resolution of the City Council of the City of Nevada City Requesting the Nevada County Auditor-Controller and Tax Collector to Collect Nevada City’s Special Tax (1986) for Fiscal Year 2022-2023 Recommended Action: Adopt the resolutions
15. Consideration of Resolution No. 2022-45: A Resolution of the City Council of the City of Nevada City Requesting the Nevada County Board of Supervisors to Authorize the County Auditor Controller and the County Tax Collector to Levy and Collect Delinquent Sewer and/or Water Service Charges Against Certain Properties within the City of Nevada City
Recommended Action: Adopt the resolution
16. Receive a Report on the Current and Proposed Changes to the Citywide Fee Structure and Provide Direction to Staff for Inclusion of a Master Fee Schedule Resolution with the Fiscal Year 2022/23 Budget.
Recommended Action: Receive the report 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 COUNCILLMEMBER TO EXTEND THE TIME.
Certification of Posting of Agenda
I, Amy Wolfson, City Planner for the City of Nevada City, declare that the foregoing agenda for the June 8, 2022 Regular Meeting of the Nevada City City Council was posted June 3, 2022 at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed June 3, 2022 at Nevada City, California
____________________________________________________________ Amy Wolfson, City Planner
1 CITY OF NEVADA CITY
ACTION MINUTES
REGULAR CITY COUNCIL MEETING OF MAY 25, 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 – No Closed Session
REGULAR MEETING – 6:31 PM - Call to Order
NISENAN TRIBE RECOGNITION
PLEDGE OF ALLEGIANCE:
Roll Call: Present: Mayor Strawser, Vice Mayor Fleming, Council Members Fernández, Minett and Petersen
ADOPTION OF THE AGENDA:
Action: Motion by Fernández, seconded by Minett to adopt the agenda as presented. (Approved 5-0, - Roll call votes ayes; Minett, Strawser, Fernàndez, Petersen, Fleming 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
BUSINESS FROM THE FLOOR:
PUBLIC COMMENT (Per Government Code Section 54954.3)
Please refer to the meeting video on the City’s website at www.nevadacityca.gov.
CONSENT ITEMS:
1. Action Minutes May 11, 2022 Regular Meeting
2 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
Action: Motion by Fleming, seconded by Petersen to approve Consent Items 1-9. 3 Approved 5-0, - Roll call votes ayes; Strawser, Fleming, Fernàndez, Minett and Petersen
PUBLIC HEARINGS
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.
Action: Motion by Minett, seconded by Fleming to 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
Approved 5-0, - Roll call votes ayes; Strawser, Fleming, Fernàndez, Minett and Petersen
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.
Action: Motion by Fleming, seconded by Minett to 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 Approved 5-0, - Roll call votes ayes; Strawser, Fleming, Fernàndez, Minett and Petersen
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 Action: Motion by Fernàndez, seconded by Minett to adopt Resolution 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
Approved 5-0, - Roll call votes ayes; Strawser, Fleming, Fernàndez, Minett and Petersen
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-ToExceed $9,000; and Provide Staff Direction on the Committee’s Recommendations 4 Recommended Action: Receive the report, authorize the approval of the contracts, authorize the vegetation management activities on the slivers and provide staff direction.
Action: Motion by Fernàndez, seconded by Minett to 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 Approved 5-0, - Roll call votes ayes; Strawser, Fleming, Fernàndez, Minett and Petersen CITY MANAGER AND COUNCILMEMBER REPORTS: Verbal report provided ADJOURNMENT: 8:13 PM
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Duane Strawser, Mayor
ATTEST:
____________________________
Niel Locke, City Clerk
Date
Record
Number
Record
Type Description Address Status
5/31/2022 222016
Full
Review
Convert mechanical room to bedroom and bath at garage level. Replace 1 window nail fin. Converted area is 270 SF. Sewer backflow prevention device verified by Nevada City.This permit includes 3 inspections. Final inspection required. 510 NURSERY STREET,
Nevada City CA 95959
In
Review
5/27/2022 222000
Express
Permit
Install (N) 400 amp panel. Trench 50 ft to install (3) dual port 48 amp charging stations - 6 ports total in community parking lot.This permit includes 3 inspections.
Final inspection required
200 REDBUD WAY,
Nevada City CA 95959 Issued
5/27/2022 221990
Express
Permit
DIGITAL - Installation of 14KW Generac standby generator with 100 amp automatic transfer panel and load shed modules PERMIT INCLUDES TWO INSPECTIONS. 223 BOULDER STREET,
Nevada City CA 95959 Issued
5/24/2022 221940
Full
Review
Remodel of CEO"s office by creating 3 office spaces from existing office & hallway and expanding conference room inside CEO's office.
950 MAIDU AVENUE,
Nevada City CA 95959
Ready to
Issue
5/23/2022 221952
Express
Permit
Digital. Re roof, like for like, cool Comp 100 squares.This permit includes one inspection. Final inspection required.
305 RAILROAD
AVENUE, Nevada City
CA 95959 Issued
5/23/2022 221914
Express
Permit
Web: Platinum Reroof, residence with cool comp. Verification of Backflow Prevention Device required per City of Nevada CityThis permit includes 1 inspection. Final inspection required.
802 LINDLEY AVENUE,
Nevada City CA 95959 Issued
5/18/2022 221862
Express
Permit
Digital. 9.2 KW roof mounted solar array on home, 23 Rec 400A modules with 23 Enphase microinverter, Ironridge racking system. This permit includes two inspections. Final inspection required.
426 JORDAN STREET,
Nevada City CA 95959 Issued
5/17/2022
22TMP002598Express
Permit Tub to shower conversion. r/r valve
510 NORTH PINE
STREET, Nevada City CA
95959
5/17/2022 221881
Full
Review
DIGITAL: Residence. 2 bedroom, 2 bath, 1300 sf. Rear deck, 208 sf. This replaces a burned residence from 1880 per Assessor at 984sfIncludes 10 inspections. 414 BROAD STREET,
Nevada City CA 95959
In
Review
5/17/2022 221849
Express
Permit
Digital. Replace 8 retrofit, vinyl, dual glazed, Low E, windows. No new construction.
Replacement Only.This permit includes one inspection. Final inspection required. 221 WOODPECKER
LANE, Nevada City CA
95959 Issued
May 2022 Building Activity Report
5/16/2022 221839
Full
Review
DIGITAL: Convert lower level storage & residential addition to create a two bedroom, one bath accessory dwelling unit (ADU) 676 sf. A partial remodel of the main level kitchen area and new rooftop deck above the lower level addition. Exterior work includes removal vinyl siding with refurbishment of original cement plaster finish, new roof and new windows.Includes 6 inspections.
118 WALRATH AVENUE,
Nevada City CA 95959
In
Review
5/16/2022 221830
Full
Review
Digital. West Facing exterior wall siding replaced; approx 1045 square footage.This permit includes 2 inspections. Final inspection required. 419 SPRING STREET,
Nevada City CA 95959 Issued
5/11/2022 221778
Full
Review
Tennent Improvement. IGS. New interior partition walls to create two offices. Two new fire sprinklers. Includes 4 inspections.
950 MAIDU AVENUE,
Nevada City CA 95959 Issued
5/10/2022 221749
Over the
Counter
Permit
Replace rear deck. 74 sf. Sewer backflow prevention verification required.Includes 2 inspections.
315 GRACIE ROAD,
Nevada City CA 95959 Finaled
5/9/2022 221747
Express
Permit
DIGITAL - The project is to add an outside Generac Generator to be used during power outages. It will require an additional gas pipe and work on the electrical panel.
PERMIT INCLUDES TWO INSPECTIONS
18 TURPENTINE DRIVE,
Nevada City CA 95959 Received
5/5/2022 221694
Full
Review
DIGITAL: Cell tower modification/ equipment upgrade to an existing telecommunications wireless facility. Replace antennas & associated wiring & equipment. Replace cabinets and equipment. Includes 2 inspections. 13 PROVIDENCE MINE
ROAD, Nevada City CA
95959
In
Review
5/4/2022 221683
Express
Permit C/O EXISTING 30 GALLON WATER HEATER, LIKE FOR LIKE 210 ROBIN STREET,
Penn Valley CA 95946 Void
5/4/2022 221676
Express
Permit
Digital. Tear off existing roof, install Owens Corning lifetime shingles on residence.
No exemption, installing cool roof.This permit includes one inspection. Final inspection required.
523 WEST BROAD
STREET, Nevada City CA
95959 Issued
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: June 8, 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: June 3, 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: April 13, 2022 Agenda Item No. 06
Subject: Consideration of Resolution No. 2022-38: A
Resolution of the City Council of the City of Nevada City to Extend for 60 Days Proclamation No. 2022-22 Declaring the Existence of a Local Emergency Due to the December 27, 2021 Snow Storm
From: Sean Grayson, City Manager
Date: March 8, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Adopt resolution
ISSUE STATEMENT AND DISCUSSION:
On January 5, 2022, Council adopted Resolution No. 2022-01 ratifying a declaration of emergency issued on January 3, 2022 by Interim City Manager Joan Phillipe declaring a local emergency based on the existence of conditions of extreme disaster or extreme peril to the safety of persons and property in the city caused by the December 27, 2021 snow storm. On February 23, 2022 Council adopted Resolution No. 2022-13 extending the emergency declaration by 60 days through April 23, 2022. On April 13, 2022 Council adopted Resolution No. 2022-22 extending the emergency declaration by 60 days through June 14, 2022.
There remains storm debris, damage to structures and property and other impacts from the snow storm. The City continues to process claims, provide remediation and repair damages. The City has not received any federal or state reimbursement for storm damage expenses. The impacts of the storm persist as a local emergency to the City.
Council must act to extend an emergency declaration every 60 days to keep in effect the mandates of the proclamation. By adopting Resolution No. 2022-38, the extension will provide for those provisions to be effective until August 13, 2022. Action can be taken sooner if conditions change to terminate the order. If conditions remain, another resolution will need to be adopted to extend the emergency.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None with the recommendation.
ENVIRONMENTAL CONSIDERATIONS:
None
ATTACHMENTS:
Resolution 2022-38
Resolution 2022-22
RESOLUTION NO. 2022-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY TO EXTEND FOR 60 DAYS RESOLUTION NO. 2022-22 DECLARING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE DECEMBER 27, 2021 SNOW STORM WHEREAS, the city manager, acting in her capacity as the Director of Civil Defense and Disaster declared existence of an emergency pursuant to Government Code Section 8630 and Nevada City Municipal Code Section 2.44.0505(A)(1) and enacted Proclamation 2021-02 on December 30, 2021; and
WHEREAS, the City Council ratified the proclamation on January 5, 2022 by adopting Resolution No. 2022-01; and
WHEREAS, the proclamation provides that:
- the City was inundated by a snow storm that created excessive amounts of snow in an area that generally does not received much snow;
- the impacts of the storm resulted in a large number of fallen trees and limbs creating safety hazards throughout the city as well as downed power lines and loss of power; - the conditions presented by the storm have taxed the city’s small staff to the limit and conditions created by the storm are beyond the control, capacity and resources of the city’s
WHEREAS, while power has been restored, the other conditions of downed trees and other debris combined with limited staff and resources continue to exist and warrant continuation of the emergency declaration; and
WHEREAS, the City Council adopted Resolution 2022-13 on February 23, 2022 continuing the local emergency for 60 days; and
WHEREAS, the City Council adopted Resolution 2022-22 on April 23, 2022 continuing the local emergency for 60 days; and
WHEREAS, the declaration must be renewed every 60 days to maintain its full force and effect; and
WHEREAS, the conditions cited in the proclamation continue to exist in and around the city; and
WHEREAS, a true and correct copy of Proclamation 2021-02 is attached hereto and incorporated by reference;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Nevada City that Proclamation 2021-02 declaring an emergency is hereby continued in full force and effect.
PASSED, APPROVED AND ADOPTED this 8th day of June 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Duane Strawser,
Mayor
ATTEST:
______________________________________
Niel Locke
City Clerk
RESOLUTION NO. 2022-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY TO EXTEND FOR 60 DAYS RESOLUTION NO. 2022-13 DECLARING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE DECEMBER 27, 2021 SNOW STORM WHEREAS, the city manager, acting in her capacity as the Director of Civil Defense and Disaster declared existence of an emergency pursuant to Government Code Section 8630 and Nevada City Municipal Code Section 2.44.0505(A)(1) and enacted Proclamation 2021-02 on December 30, 2021; and
WHEREAS, the City Council ratified the proclamation on January 5, 2022 by adopting Resolution No. 2022-01; and
WHEREAS, the proclamation provides that:
- the City was inundated by a snow storm that created excessive amounts of snow in an area that generally does not received much snow;
- the impacts of the storm resulted in a large number of fallen trees and limbs creating safety hazards throughout the city as well as downed power lines and loss of power; - the conditions presented by the storm have taxed the city’s small staff to the limit and conditions created by the storm are beyond the control, capacity and resources of the city’s
WHEREAS, while power has been restored, the other conditions of downed trees and other debris combined with limited staff and resources continue to exist and warrant continuation of the emergency declaration; and
WHEREAS, the City Council adopted Resolution 2022-13 on February 23, 2022 continuing the local emergency for 60 days; and
WHEREAS, the declaration must be renewed every 60 days to maintain its full force and effect; and
WHEREAS, the conditions cited in the proclamation continue to exist in and around the city; and
WHEREAS, a true and correct copy of Proclamation 2021-02 is attached hereto and incorporated by reference;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Nevada City that Proclamation 2021-02 declaring an emergency is hereby continued in full force and effect.
PASSED, APPROVED AND ADOPTED this 13th day of April 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Duane Strawser,
Mayor
ATTEST:
______________________________________
Niel Locke
City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: June 8, 2022 Agenda Item No. 07
Subject: Consideration of the Purchase of Supplies and the Authorization of the Completion of the Pioneer Park
Pedestrian Bridge Reconstruction Project in an Amount Notto-Exceed $27,500.
From: Sean Grayson, City Manager
William J. Falconi, Consulting City Engineer
Date: June 3, 2022
Reviewed & Approved:
Recommended Action: Approve the purchase authorization.
ISSUE STATEMENT AND DISCUSSION:
During the storm event of December 2021, the foot bridge in the picnic area of Pioneer Park was destroyed by a falling tree. The bridge was originally built by W. J. Falconi, City Engineer, and Verne Taylor, Public Works Director, using material from the old bridge on Pine St. in Nevada City. The City has kept enough material to once again rebuild the footbridge. Volunteer support from those that originally constructed the bridge will allow for a reduced cost mostly attributable to supplies and use of existing Public Works staff time. Staff will source the needed supplies from various vendors following existing procedures for bidding where needed. This request authorizes the project and related expenses up to the not-to-exceed amount of $27,500.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The project and related costs will be overseen by the City Engineer. All costs will be accounted for within the project budget of $27,500. The project will use Measure M funds for construction. It is anticipated that 75% or more of the project cost will be subject to reimbursement under the storm disaster declaration.
Any funds recovered will be returned to the fund of origin.
ENVIRONMENTAL CONSIDERATIONS:
No assessment is required to replace the existing bridge. There will be no work in Little Deer Creek and management best practices for dust and erosion will be applied to the project.
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: June 8, 2022 Agenda Item No. 08
Subject: Consideration of the Purchase of Construction
Materials from Caseywood Corporation in an Amount NotTo-Exceed $7,857.59 for the Pioneer Park Baseball Bleachers Project
From: Sean Grayson, City Manager
Date: May 6, 2022
Reviewed & Approved:
Recommended Action: Approve the purchase authorization
ISSUE STATEMENT AND DISCUSSION:
The city partners with Nevada City Little League for use and maintenance of the baseball fields and their related amenities. There is a shared use contract that identifies the City as responsible for the repair and or replacement of the bleachers. One of the field’s bleachers are in disrepair and are in need of complete replacement. Nevada City Little League has secured a contractor and volunteers to perform the needed work and the City will need to pay for the materials.
Nevada City Little League secured a preferred pricing quote, which includes discounted pricing specifically for Nevada City Little League, from Caseywood Corporation. The city intends to purchase the required materials based upon the attached quote. City staff will coordinate with and assist the volunteers that are committed to repairing benches.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The purchase will be funded from the Prop 64 grant and any remaining balance will be funded through the fiscal year 2021/22 park facilities budget.
ENVIRONMENTAL CONSIDERATIONS:
None
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Invoice for materials from Maywood
Quotation
Quote No
Quote Date 04/08/2022
54410
Caseywood Corporation
12249 Charles Drive
Grass Valley, California 95945
Expiration Date 07/31/2022
Josh Van Matre
Josh Van Matre
ATTN: JOSH V.
1001
Invoice Address
C.O.D.
Main Account
Your Ref
Delivery
Customer
Delivery Address
C.O.D.
NEVADA CITY LITTLE LEAGUE
JUNIORS FIELD
NIMROD STREET
NEVADA CITY, California, 95959
By 06/08/2022
Taken By
Sales Rep
*QU-54410-1*
Job
Contact Name
Contact Number
Special Instructions Notes
Line Product Code Description Qty/Footage Price Per Total 1 21216PT 2X12-16 PRESSURE TREAT DOUG FIR 7 ea 2,195.00 mbf 491.68 2 2616PT 2X6-16 PRESSURE TREATED DOUGFIR 18 ea 1,895.00 mbf 545.76 3 4410PT 4X4X10 PRESS/TREAT BROWN DF 18 ea 2,350.00 mbf 564.00 18/10
4 2816PT 2X8-16 #2 PRES/TRT DF ACQ BROWN 8 ea 1,895.00 mbf 323.41 5 21016DF 2X10-16 #2 & BTR DOUG FIR 45 ea 1,595.00 mbf 1,914.00 6 2816DF 2X8-16 #2 & BTR DOUG FIR 36 ea 1,425.00 mbf 1,094.40 7 2416DF 2X4-16 STD & BTR DOUG FIR 40 ea 1,400.00 mbf 597.33 8 2616DF 2X6-16 #2 & BTR DOUG FIR 24 ea 1,400.00 mbf 537.60 9 2612DF 2X6-12 #2 & BTR DOUG FIR 40 ea 1,400.00 mbf 672.00 10 GRK25PP GRK R4 9X2-1/2 PRO-PAK 575 PC 2 BX-1 52.00 BX-1 104.00 11 GRK318PP GRK R4 9X3-1/8 PRO-PAK 425 PC 2 BX-1 55.00 BX-1 110.00 12 SDWS22500DBR50 SDWS 5" TIMBER / LEDGER SCREW 50/CT 3 BX-1 38.00 BX-1 114.00 13 SDWS22400DBR50 SDWS 4" TIMBER / LEDGER SCREW 50/CT 3 BX-1 40.00 BX-1 120.00 WARNING: Drilling, sawing, sanding or machining wood products can expose you to wood dust, a substance known to the State of California to cause cancer. Avoid inhailing wood dust or use a dust mask or other safeguards for personal protection.
For more information go to www.P65Warnings.ca.gov/wood.
Total Amount $7,188.18
CA - City of
Nevada City
8.375%
$602.01
LPA 1.00% $67.40
Quotation Total $7,857.59
By your signature below, you are agreeing to the Terms and Conditions set forth on back or attached.
Buyer Date
Subject to our terms and conditions of sale. Further copies available on request.
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: June 8, 2022 Agenda Item No. 09
Subject: Consideration of Resolution No. 2022-39: A
Resolution of the City Council of the City of Nevada City Approving Compensation Ranges for Authorized Positions
From: Sean Grayson, City Manager
Date: June 3, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Adopt resolution
ISSUE STATEMENT AND DISCUSSION:
On March 9, 2022, Council considered and approved by adoption of Resolution No. 2022-18 a Master Compensation Schedule. On April 27, 2022, the Council adopted the Authorized Staffing/Monthly Pay Ranges by approving Resolution No. 2022-26. There was an error in the reporting for one position, Water / Wastewater Operator II which was underreported. The attached sheet corrects the error, and the resolution adopts the update.
If approved, the rates reflected in the resolution attachment are effective July 1, 2022, in the same fashion as the previous resolution.
FINANCIAL AND/OR POLICY IMPLICATIONS:
No financial impact with the correction.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable
ATTACHMENTS:
Resolution No. 2022-39
City of Nevada City Position Monthly Compensation Ranges Effective July 1, 2022 Position Range Step A Step B Step C Step D Step E Step F Elected Positions
City Council N/A
City Clerk N/A
City Treasurer N/A
Non-Exempt Personnel
Accounting Technician 21 3980.77 4179.81 4388.8 4608.24 4838.65 Community Services Officer / Code Enforcement 15 3432.61 3604.24 3784.45 3973.67 4172.36 Customer Service Representative 18 3696.54 3881.37 4075.44 4279.21 4493.17 Maintenance Worker I 9 2959.93 3107.92 3263.32 3426.49 3597.81 Maintenance Worker II 17 3606.38 3786.7 3976.04 4174.84 4383.58 Parking Enforcement * 10 17.5 18.38 19.3 20.26 21.28
Police Officer 28 4731.89 4968.48 5216.91 5477.75 5751.64 6039.22 Police Sergeant 34 5487.54 5761.92 6050.01 6352.51 6670.14 7003.64 Records Clerk 16 3518.42 3694.34 3879.06 4073.01 4276.66 Public Works Superintendent 33 5353.7 5621.38 5902.45 6197.57 6507.45 Wastewater/Water Operator-In-Training (OIT) 25 4394.03 4613.73 4844.42 5086.64 5340.97 Wastewater/Water Operator II 30 4971.44 5220.01 5481.01 5755.06 6042.82 Exempt Personnel
Administrative Services Manager / Deputy City Clerk 34 5487.54 5761.92 6060.51 6352.51 6670.14 Chief Plant Operator 42 6686.03 7020.33 7371.35 7739.92 8126.91 City Planner 40 6363.86 6682.06 7.016.16 7366.97 7535.31 Division Fire Chief 48 7753.75 8141.44 8548.51 8975.93 9424.73 Parks/Recreation Manager 26 4503.88 4729.07 4963.53 5213.8 5474.49 City of Nevada City Position Monthly Compensation Ranges Effective July 1, 2022 Position Range Step A Step B Step C Step D Step E Step F Contract Positions
City Manager 12916.8
Police Chief TBD
Chief Financial Officer 7546.93
City Engineer/PW Director** 52 49.39 51.85 54.44 57.16 60.02 * Position is part time paid @ hourly rate
** Position is part time @ 20-40 hrs./week paid @
hourly rate
RESOLUTION 2022-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY APPROVING
COMPENSATION RANGES FOR AUTHORIZED POSITIONS
WHEREAS, the City Council on March 9, 2022, adopted Resolution No. 2022-18: A Resolution of the City Council of the City of Nevada City Adopting a Master Compensation Schedule; and WHEREAS, the master schedule sets in place a logical and consistent progression of compensation for all authorized positions; and
WHEREAS, existing ranges for employees did not fall into the master schedule and were evaluated to be placed on the new schedule at a range most closely aligned with their current pay rate; and WHEREAS, the City Council on April 27, 2022, adopted Resolution No. 2022-26 approving “Position Monthly Compensation Ranges”; and
WHEREAS, the City desires to amend the Position Monthly Compensation Ranges”; and WHEREAS, the attached “Position Monthly Compensation Ranges” reflects the new assigned ranges for the city’s current positions to become effective July 1, 2022; and NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Nevada City that the “Position Monthly Compensation Ranges” schedule as attached hereto and made a part hereof by reference as though fully set forth herein is adopted to become effective July 1, 2022.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Nevada City on the 8th day of June 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: June 8, 2022 Agenda Item No. 10
Subject: Consideration of Request from Waste Management Disposal for a Rate Increase as Provided for and Set Forth in its Agreement with the City and Consideration of Resolution No 2022-40: A Resolution of the City Council of the City of Nevada City Approving a Rate Increase for Refuse Service Based on the U.S. City Average Consumer Price Index for All Urban Consumers
From: Sean Grayson, City Manager
Date: June 3, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Adopt the resolution.
ISSUE STATEMENT AND DISCUSSION:
The current agreement between the City and Waste Management is dated September 28, 2011 and expires on June 30, 2025. There are provisions in the agreement for an annual cost of living increase on a formula with a basis point being the U.S. City Average Consumer Price Index for all Urban Consumers (CPI). The calculated increase requested to be effective July 1, 2022 is 4.66% for service and 3.57% for disposal. A new rate sheet and detail on the increase are included as attachments in addition to a letter from Waste Management submitting the request. The included resolution would authorizes the increase.
Other rate considerations have been deferred and will be included in the negotiations of a new contract. Per City Council direction on June 23, 2021, in relation to the 2021 rate increase, staff has initiated negotiations with Waste Management for a new comprehensive agreement that would include new and future state mandates for solid waste. A new contract is anticipated to be complete in 2023 and implementation of the new rates may require a Prop 218 rate hearing before the City Council at a future date.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
ATTACHMENTS:
Resolution 2022-40
Letter from Larry Picard, District Manager WM/Grass Valley Disposal July 1, 2022 Rate Schedule
Agreement between City and Waste Management
CITY OF NEVADA CITY
RESOLUTION NO. 2022-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY APPROVING A RATE INCREASE FOR REFUSE SERVICE BASED ON THE U.S.
CITY AVERAGE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS WHEREAS, the city of Nevada City entered into an agreement with Waste Management Disposal on September 28, 2011; and
WHEREAS, the agreement provides for an annual rate increase base on the U.S. City Average Consumer Price Index for All Urban Consumers; and WHEREAS, Waste Management is required by the agreement to notify the city prior to July 1 each year of the increase calculated on the formula set forth in the agreement; and WHEREAS, Waste Management has complied with that requirement and set forth an increase to be effective July 1, 2022, in the amount of 4.66 percent for service and 3.57 percent for disposal;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEVADA CITY, that the requested increase is hereby approved under the terms of the existing agreement.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Nevada City held on the 8th day of June 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Duane Strawser, Mayor
ATTEST:
____________________________________
Niel Locke, City Clerk
Grass Valley Disposal
13083 Grass Valley Avenue
Grass Valley, CA 95959
May 10, 2022
Mr. Sean Grayson,
City Manager
City of Nevada City
317 Broad Street
Nevada City, CA 95959
Dear Mr. Grayson,
In accordance with Sections VI.A and VI.B. of our solid waste, recyclables, and green waste franchise agreement, attached are the calculations for our 2022 rate increase and the updated rate sheet effective July 1, 2022.
The adjustment is based on the contractual CPI formula for the 12-month period ending March 31, as calculated in the attached rate package. The 2022 service portion of the rate was adjusted by 4.66%.
In accordance with Section VI.D, the disposal portion of the rates are being increased by
3.57% due to the proposed July 1, 2022 rate increase at the transfer station.
The impact to the most common residential rate (35-gallon cart) is an increase of $0.67.
Please do not hesitate to contact me or our Public Sector Manager, Shavati Karki-Pearl with any questions at [email protected] or 530-559-1128.
Sincerely,
Larry Picard, District Manager
WM/Grass Valley Disposal
[email protected]
Enclosures; 2022 CPI Excel Submittal
Nevada City
Rates Effective July 1, 2022
Includes 10%
Franchise Fee
3.57% 4.66%
* Disposal
Price
Adjustment
CPI Increase
TRASH SERVICES
1 20G CART TRASH PER CART $3.41 $0.12 $3.53 $10.01 $0.47 $10.48 $0.00 $13.42 $14.01 4.40% 1 35G CART TRASH PER CART $4.46 $0.16 $4.62 $10.98 $0.51 $11.49 $0.35 $15.79 $16.46 4.24% 1 64G CART TRASH PER CART $8.89 $0.32 $9.21 $14.30 $0.67 $14.97 $0.42 $23.61 $24.60 4.19% 1 96G CART TRASH PER CART $13.34 $0.48 $13.82 $18.93 $0.88 $19.81 $0.43 $32.70 $34.06 4.16%
RECYCLE SERVICES
35 GAL RECYCLE (WITH TRASH SERVICE) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0.00% 64 GAL RECYCLE (WITH TRASH SERVICE) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0.00% 96 GAL RECYCLE (WITH TRASH SERVICE) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0.00% 35 GAL CART RECYCLING (NO TRASH SERVICE) $0.00 $0.00 $0.00 $2.26 $0.11 $2.37 $0.00 $2.26 $2.37 4.87% 64 GAL CART RECYCLING (NO TRASH SERVICE) $0.00 $0.00 $0.00 $2.26 $0.11 $2.37 $0.00 $2.26 $2.37 4.87% 96 GAL CART RECYCLING (NO TRASH SERVICE) $0.00 $0.00 $0.00 $2.26 $0.11 $2.37 $0.00 $2.26 $2.37 4.87% ADDITIONAL 35G RECYCLE CART (AFTER THREE CARTS) $0.00 $0.00 $0.00 $2.26 $0.11 $2.37 $0.00 $2.26 $2.37 4.87% ADDITIONAL 64G RECYCLE CART (AFTER THREE CARTS) $0.00 $0.00 $0.00 $2.26 $0.11 $2.37 $0.00 $2.26 $2.37 4.87% ADDITIONAL 96G RECYCLE CART (AFTER THREE CARTS) $0.00 $0.00 $0.00 $2.26 $0.11 $2.37 $0.00 $2.26 $2.37 4.87%
GREEN WASTE SERVICES
64 GAL GREENWASTE CART $0.64 $0.02 $0.66 $3.45 $0.16 $3.61 $0.00 $4.09 $4.27 4.40% 96 GAL GREENWASTE CART $1.03 $0.04 $1.07 $3.45 $0.16 $3.61 $0.00 $4.48 $4.68 4.46%
EXTRA PICKUPS
35 GAL SERVICE DAY EXTRA PICKUP $1.00 $0.04 $1.04 $4.06 $0.19 $4.25 $0.00 $5.06 $5.29 4.55% 64 GAL SERVICE DAY EXTRA PICKUP $2.05 $0.07 $2.12 $8.07 $0.38 $8.45 $0.00 $10.12 $10.57 4.45% 96 GAL SERVICE DAY EXTRA PICKUP $3.06 $0.11 $3.17 $12.12 $0.56 $12.68 $0.00 $15.18 $15.85 4.41% 35 GAL NON-SERVICE DAY EXTRA PICKUP $0.99 $0.04 $1.03 $47.34 $2.21 $49.55 $0.00 $48.33 $50.58 4.66% 64 GAL NON-SERVICE DAY EXTRA PICKUP $2.02 $0.07 $2.09 $46.39 $2.16 $48.55 $0.00 $48.41 $50.64 4.61% 96 GAL NON-SERVICE DAY EXTRA PICKUP $3.01 $0.11 $3.12 $45.45 $2.12 $47.57 $0.00 $48.46 $50.69 4.60% Current Rate
Effective
7/01/2021
New Rates -
Effective
7/01/2022
Current Rates
Effective
7/01/2021
Current Rates
Effective
7/01/2021
DISPOSAL GATE FEE SERVICE FEE
New Rates
Effective
7/01/2022
Container
Fee (added
2015)
RESIDENTIAL Percent
Increase
New Rate
Effective
7/01/2022
3.57% 4.66%
* Disposal
Price
Adjustment
CPI Increase
TRASH CART SERVICES
1 35G CART TRASH $4.47 $0.16 $4.63 $21.65 $1.01 $22.66 $0.00 $26.12 $27.29 4.48% 1 64G CART TRASH $8.89 $0.32 $9.21 $42.31 $1.97 $44.28 $0.00 $51.20 $53.49 4.47% 1 96G CART TRASH $13.34 $0.48 $13.82 $57.98 $2.70 $60.68 $0.00 $71.32 $74.50 4.46% EXTRA CART TRASH $1.00 $0.04 $1.04 $7.53 $0.35 $7.88 $0.00 $8.53 $8.92 4.57%
TRASH BIN SERVICES
1 YD 1 X WEEK $28.05 $1.00 $29.05 $131.00 $6.10 $137.10 $0.00 $159.05 $166.15 4.46%
1.5 YD 1 X WEEK $42.08 $1.50 $43.58 $181.96 $8.48 $190.44 $0.00 $224.04 $234.02 4.45%
1.5 YD 2 X WEEK $84.15 $3.00 $87.15 $305.15 $14.22 $319.37 $0.00 $389.30 $406.52 4.42%
1.5 YD 3 X WEEK $126.22 $4.51 $130.73 $430.83 $20.08 $450.91 $0.00 $557.05 $581.64 4.41% 2 YD 1 X WEEK $56.11 $2.00 $58.11 $207.97 $9.69 $217.66 $0.00 $264.08 $275.77 4.43% 2 YD 2 X WEEK $112.21 $4.01 $116.22 $348.74 $16.25 $364.99 $0.00 $460.95 $481.21 4.40% 2 YD 3 X WEEK $168.31 $6.01 $174.32 $476.88 $22.22 $499.10 $0.00 $645.19 $673.42 4.38% 2 YD 4 X WEEK $224.41 $8.01 $232.42 $611.76 $28.51 $640.27 $0.00 $836.17 $872.69 4.37% 2 YD 5 X WEEK $280.51 $10.01 $290.52 $715.05 $33.32 $748.37 $0.00 $995.56 $1,038.89 4.35% 2 YD 6 X WEEK $336.60 $12.02 $348.62 $809.26 $37.71 $846.97 $0.00 $1,145.86 $1,195.59 4.34% 3 YD 1 X WEEK $84.14 $3.00 $87.14 $265.23 $12.36 $277.59 $0.00 $349.37 $364.73 4.40% 3 YD 2 X WEEK $168.33 $6.01 $174.34 $399.85 $18.63 $418.48 $0.00 $568.18 $592.82 4.34% 3 YD 3 X WEEK $252.44 $9.01 $261.45 $556.54 $25.93 $582.47 $0.00 $808.98 $843.92 4.32% 3 YD 4 X WEEK $336.61 $12.02 $348.63 $706.98 $32.95 $739.93 $0.00 $1,043.59 $1,088.56 4.31% 3 YD 5 X WEEK $420.75 $15.02 $435.77 $859.49 $40.05 $899.54 $0.00 $1,280.24 $1,335.31 4.30% 3 YD 6 X WEEK $504.97 $18.03 $523.00 $1,005.63 $46.86 $1,052.49 $0.00 $1,510.60 $1,575.49 4.30% 4 YD 1 X WEEK $112.21 $4.01 $116.22 $314.34 $14.65 $328.99 $0.00 $426.55 $445.21 4.37% 4 YD 2 X WEEK $224.42 $8.01 $232.43 $512.20 $23.87 $536.07 $0.00 $736.62 $768.50 4.33% 4 YD 3 X WEEK $336.61 $12.02 $348.63 $748.20 $34.87 $783.07 $0.00 $1,084.81 $1,131.70 4.32% 4 YD 4 X WEEK $448.81 $16.02 $464.83 $977.00 $45.53 $1,022.53 $0.00 $1,425.81 $1,487.36 4.32% 4 YD 5 X WEEK $561.02 $20.03 $581.05 $1,209.90 $56.38 $1,266.28 $0.00 $1,770.92 $1,847.33 4.31% 4 YD 6 X WEEK $673.23 $24.03 $697.26 $1,415.59 $65.97 $1,481.56 $0.00 $2,088.82 $2,178.82 4.31% 6 YD 1 X WEEK $168.31 $6.01 $174.32 $362.72 $16.90 $379.62 $0.00 $531.03 $553.94 4.31% 6 YD 2 X WEEK $336.62 $12.02 $348.64 $579.17 $26.99 $606.16 $0.00 $915.79 $954.80 4.26% 6 YD 3 X WEEK $504.93 $18.03 $522.96 $834.69 $38.90 $873.59 $0.00 $1,339.62 $1,396.55 4.25% 6 YD 4 X WEEK $673.22 $24.03 $697.25 $1,122.23 $52.30 $1,174.53 $0.00 $1,795.45 $1,871.78 4.25% 6 YD 5 X WEEK $841.54 $30.04 $871.58 $1,336.56 $62.28 $1,398.84 $0.00 $2,178.10 $2,270.42 4.24% 6 YD 6 X WEEK $1,009.81 $36.05 $1,045.86 $1,537.03 $71.63 $1,608.66 $0.00 $2,546.84 $2,654.52 4.23% 8 YD 1 X WEEK $221.22 $7.90 $229.12 $406.14 $18.93 $425.07 $0.00 $627.36 $654.19 4.28% 8 YD 2 X WEEK $442.46 $15.80 $458.26 $648.50 $30.22 $678.72 $0.00 $1,090.96 $1,136.98 4.22% 8 YD 3 X WEEK $663.68 $23.69 $687.37 $934.59 $43.55 $978.14 $0.00 $1,598.27 $1,665.51 4.21% 8 YD 4 X WEEK $884.90 $31.59 $916.49 $1,256.55 $58.56 $1,315.11 $0.00 $2,141.45 $2,231.60 4.21% 8 YD 5 X WEEK $1,106.11 $39.49 $1,145.60 $1,496.54 $69.74 $1,566.28 $0.00 $2,602.65 $2,711.88 4.20% 8 YD 6 X WEEK $1,327.35 $47.39 $1,374.74 $1,720.99 $80.20 $1,801.19 $0.00 $3,048.34 $3,175.93 4.19%
RECYCLE CART SERVICES
64 GAL RECYCLE (WITH TRASH SERVICE) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0.00% 96 GAL RECYCLE (WITH TRASH SERVICE) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0.00% 64 GAL RECYCLING CART (NO TRASH SERVICE) $0.00 $0.00 $0.00 $2.26 $0.11 $2.37 $0.00 $2.26 $2.37 4.87% 96 GAL RECYCLING CART (NO TRASH SERVICE) $0.00 $0.00 $0.00 $2.26 $0.11 $2.37 $0.00 $2.26 $2.37 4.87%
RECYCLE BIN SERVICES
2 YD - WITH EXISTING TRASH SERVICE $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0.00% 4 YD - WITH EXISTING TRASH SERVICE $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0.00% 6 YD - WITH EXISTING TRASH SERVICE $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0.00% 2 YD - WITH NO EXISTING TRASH SERVICE $0.00 $0.00 $0.00 $57.01 $2.66 $59.67 $0.00 $57.01 $59.67 4.67% 4 YD - WITH NO EXISTING TRASH SERVICE $0.00 $0.00 $0.00 $88.72 $4.13 $92.85 $0.00 $88.72 $92.85 4.66% 6 YD - WITH NO EXISTING TRASH SERVICE $0.00 $0.00 $0.00 $129.11 $6.02 $135.13 $0.00 $129.11 $135.13 4.66%
GREEN WASTE CART SERVICE
64 GAL GREENWASTE CART $0.64 $0.02 $0.66 $3.45 $0.16 $3.61 $0.00 $4.09 $4.27 4.40% 96 GAL GREENWASTE CART $1.03 $0.04 $1.07 $3.45 $0.16 $3.61 $0.00 $4.48 $4.68 4.46%
TEMPORARY BINS
TEMP 2 YARD BIN $12.96 $0.46 $13.42 $52.27 $2.44 $54.71 $0.00 $65.23 $68.13 4.45% TEMP 3 YARD BIN $19.41 $0.69 $20.10 $65.54 $3.05 $68.59 $0.00 $84.95 $88.69 4.40% TEMP 4 YARD BIN $25.87 $0.92 $26.79 $80.01 $3.73 $83.74 $0.00 $105.88 $110.53 4.39% TEMP 6 YARD BIN $38.83 $1.39 $40.22 $99.67 $4.64 $104.31 $0.00 $138.50 $144.53 4.35%
EXTRA PICKUP RATES
35 GAL - SERVICE DAY EXTRA PICKUP $1.00 $0.04 $1.04 $4.00 $0.19 $4.19 $0.00 $5.00 $5.23 4.60% 64 GAL - SERVICE DAY EXTRA PICKUP $2.05 $0.07 $2.12 $7.99 $0.37 $8.36 $0.00 $10.04 $10.48 4.38% 96 GAL - SERVICE DAY EXTRA PICKUP $3.06 $0.11 $3.17 $11.98 $0.56 $12.54 $0.00 $15.04 $15.71 4.45% 2 YARD - SERVICE DAY EXTRA PICKUP $13.41 $0.48 $13.89 $60.99 $2.84 $63.83 $0.00 $74.40 $77.72 4.46% 3 YARD - SERVICE DAY EXTRA PICKUP $20.11 $0.72 $20.83 $91.48 $4.26 $95.74 $0.00 $111.59 $116.57 4.46% 4 YARD - SERVICE DAY EXTRA PICKUP $26.78 $0.96 $27.74 $121.98 $5.68 $127.66 $0.00 $148.76 $155.40 4.46% 6 YARD - SERVICE DAY EXTRA PICKUP $40.19 $1.43 $41.62 $182.97 $8.53 $191.50 $0.00 $223.16 $233.12 4.46%
COMMERCIAL
DISPOSAL GATE FEE SERVICE FEE
Current Rates
Effective
7/01/2021
New Rates -
Effective
7/01/2022
Current Rates
Effective
7/01/2021
New Rates
Effective
7/01/2022
Container
Fee (added
2015)
Current Rate
Effective
7/01/2021
Percent
Increase
New Rate
Effective
7/01/2022
35 GAL - NON-SERVICE DAY EXTRA PICKUP $0.99 $0.04 $1.03 $46.77 $2.18 $48.95 $0.00 $47.76 $49.98 4.65% 64 GAL - NON-SERVICE DAY EXTRA PICKUP $2.02 $0.07 $2.09 $45.83 $2.14 $47.97 $0.00 $47.85 $50.06 4.62% 96 GAL - NON-SERVICE DAY EXTRA PICKUP $3.01 $0.11 $3.12 $44.90 $2.09 $46.99 $0.00 $47.91 $50.11 4.59% 2 YARD - NON-SERVICE DAY EXTRA PICKUP $13.41 $0.48 $13.89 $82.20 $3.83 $86.03 $0.00 $95.61 $99.92 4.51% 3 YARD - NON-SERVICE DAY EXTRA PICKUP $20.11 $0.72 $20.83 $112.68 $5.25 $117.93 $0.00 $132.79 $138.76 4.50% 4 YARD - NON-SERVICE DAY EXTRA PICKUP $26.78 $0.96 $27.74 $143.19 $6.67 $149.86 $0.00 $169.97 $177.60 4.49% 6 YARD - NON-SERVICE DAY EXTRA PICKUP $40.19 $1.43 $41.62 $204.16 $9.51 $213.67 $0.00 $244.35 $255.29 4.48%
3.57% 4.66%
* Disposal
Price
Adjustment
CPI Increase
ROLL OFF BINS
20 yard to 40 Yard C&D $0.00 $0.00 $0.00 $214.35 $9.99 $224.34 $0.00 $214.35 $224.34 4.66% 20 yard to 40 Yard Refuse $0.00 $0.00 $0.00 $214.35 $9.99 $224.34 $0.00 $214.35 $224.34 4.66% 20 yard to 40 Yard Metals $0.00 $0.00 $0.00 $177.52 $8.27 $185.79 $0.00 $177.52 $185.79 4.66% 20 yard to 40 Yard Wood Lumber $0.00 $0.00 $0.00 $177.52 $8.27 $185.79 $0.00 $177.52 $185.79 4.66% 20 yard to 40 Yard Recycle - Comingled $0.00 $0.00 $0.00 $177.52 $8.27 $185.79 $0.00 $177.52 $185.79 4.66%
COMPACTORS
Haul Charge for Compactors - Per Cubic Yard $0.00 $0.00 $0.00 $46.85 $2.18 $49.03 $0.00 $46.85 $49.03 4.65%
DISPOSAL CHARGES
Cost per Ton - MSW/Refuse $92.86 $3.32 $96.18 $0.00 $0.00 $0.00 $0.00 $92.86 $96.18 3.58% Cost per Ton - Wood/Lumber/GreenWaste $61.98 $2.21 $64.19 $0.00 $0.00 $0.00 $0.00 $61.98 $64.19 3.57%
MISCELLANEOUS SERVICES
Inactivity - Per Day after 7th day $0.00 $0.00 $0.00 $10.82 $0.50 $11.32 $0.00 $10.82 $11.32 4.62% Delivery - Applied to Roll off and Instabin $0.00 $0.00 $0.00 $80.49 $3.75 $84.24 $0.00 $80.49 $84.24 4.66%
3.57% 4.66%
* Disposal
Price
Adjustment
CPI Increase
RESIDENTIAL ANCILLARY SERVICES
BAD/RETURN CHECK FEE $0.00 $0.00 $0.00 $30.28 $1.41 $31.69 $0.00 $30.28 $31.69 4.66% ACTIVIATION/DELIVERY FEES - RESIDENTIAL $0.00 $0.00 $0.00 $18.39 $0.86 $19.25 $0.00 $18.39 $19.25 4.68% RESTART FEE W/O DELIVERY $0.00 $0.00 $0.00 $14.39 $0.67 $15.06 $0.00 $14.39 $15.06 4.66% RESTART FEE W/DELIVERY $0.00 $0.00 $0.00 $42.91 $2.00 $44.91 $0.00 $42.91 $44.91 4.66% RESIDENTAL CART REPLACEMENT FEE $0.00 $0.00 $0.00 $91.93 $4.28 $96.21 $0.00 $91.93 $96.21 4.66% LATE FEE 2.5% OR $5.00 which Ever is greater N/A N/A N/A N/A N/A N/A N/A N/A N/A 0.00% EARLY RETRIEVAL - RESIDENTIAL - SERVICE LESS THAN 1 YR $0.00 $0.00 $0.00 $27.09 $1.26 $28.35 $0.00 $27.09 $28.35 4.65% RESIDENTIAL MULTIPLE CART EXCHANGE FEE (MORE THAN 1
CART CHANGE WITHIN 12 MONTHS) $0.00 $0.00 $0.00 $48.76 $2.27 $51.03 $0.00 $48.76 $51.03 4.66% CONTAMINATION CHARGE $0.00 $0.00 $0.00 $10.41 $0.49 $10.90 $0.00 $10.41 $10.90 4.71%
COMMERCIAL ANCILLARY SERVICES
BAD/RETURN CHECK FEE $0.00 $0.00 $0.00 $30.28 $1.41 $31.69 $0.00 $30.28 $31.69 4.66% ACTIVIATION/DELIVERY FEES - COMMERCIAL $0.00 $0.00 $0.00 $31.82 $1.48 $33.30 $0.00 $31.82 $33.30 4.65% RESTART FEE W/O DELIVERY $0.00 $0.00 $0.00 $14.39 $0.67 $15.06 $0.00 $14.39 $15.06 4.66% RESTART FEE W/DELIVERY $0.00 $0.00 $0.00 $42.91 $2.00 $44.91 $0.00 $42.91 $44.91 4.66% OVERFLOW FEE - COMMERICAL $0.00 $0.00 $0.00 $89.84 $4.19 $94.03 $0.00 $89.84 $94.03 4.66% LATE FEE 2.5% OR $5.00 which Ever is greater N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A SALE OF LOCKS $0.00 $0.00 $0.00 $37.92 $1.77 $39.69 $0.00 $37.92 $39.69 4.67% LOCK FEE PER BIN / PER OCCURANCE MONTHLY $0.00 $0.00 $0.00 $1.24 $0.06 $1.30 $0.00 $1.24 $1.30 4.84% PUSH OUT FEE 10'-20' FEET- Per Bin Per Service $0.00 $0.00 $0.00 $2.17 $0.10 $2.27 $0.00 $2.17 $2.27 4.61% PUST OUT FEE 20' OR MORE -Per Bin Per Service $0.00 $0.00 $0.00 $4.33 $0.20 $4.53 $0.00 $4.33 $4.53 4.62% CONTAMINATION CHARGE* N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A *Contatmination Fee - If recycle bin is more than 5% contaminated, customer will be charged 100% of the corresponding monthly trash rate for equivalent bin size.
ANCILLARY SERVICES
DISPOSAL GATE FEE SERVICE FEE
Current Rates
Effective
7/01/2021
New Rates -
Effective
7/01/2022
Current Rates
Effective
7/01/2021
New Rates
Effective
7/01/2022
ROLL OFF
DISPOSAL GATE FEE SERVICE FEE
Current Rates
Effective
7/01/2021
New Rates -
Effective
7/01/2022
Current Rates
Effective
7/01/2021
New Rates
Effective
7/01/2022
Container
Fee (added
2015)
Current Rate
Effective
7/01/2021
Container
Fee (added
2015)
Current Rate
Effective
7/01/2021
New Rate
Effective
7/01/2022
Percent
Increase
Percent
Increase
New Rate
Effective
7/01/2022
CITY OF NEVADA CITY
CPI RATE ADJUSTMENT FACTOR CALCULATION
Consumer Price Index - All Urban Consumers Prior period ending March 2021 260.037 Series Id:CUUR0000SA0 Most recent period ending March 2022 276.211 Not Seasonally Adjusted Index Point Change 16.174
Area:U.S. city average Percent Change 6.22%
Item:All items
Base Period:1982-84=100 75% of CPI 4.66%
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2017 242.839 243.603 243.801 244.524 244.733 244.955 244.786 245.519 246.819 246.663 246.669 246.524 2018 247.867 248.991 249.554 250.546 251.588 251.989 252.006 252.146 252.439 252.885 252.038 251.233 2019 251.712 252.776 254.202 255.548 256.092 256.143 256.571 256.558 256.759 257.346 257.208 256.974 2020 257.971 258.678 258.115 256.389 256.394 257.797 259.101 259.918 260.28 260.388 260.229 260.474 2021 261.582 263.014 264.877 267.054 269.195 271.696 273.003 273.567 274.31 276.589 277.948 278.802 2022 281.148 283.716 287.504
Index Change Calculations
CITY OF NEVADA CITY
DISPOSAL RATE ADJUSTMENT FACTOR CALCULATION
Trash Disposal Cost Change
New Rate Effective 7/1/2022 $ 86.12
Minus Current Rate 7/1/2021 $ 83.15
Rate Change $ 2.97
% Rate Change 3.57%
C&D Disposal Cost Change
New Rate Effective 7/1/2022 $ 73.21
Minus Current Rate 7/1/2021 $ 70.69
Rate Change $ 2.52
% Rate Change 3.56%
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: June 8, 2022 Agenda Item No. 11
Subject: 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
From: Sean Grayson, City Manager
Date: May 20, 2022
Reviewed & Approved:
Recommended Action: Hold second reading and adopt Ordinance 2022-06.
ISSUE STATEMENT AND DISCUSSION:
At the May 25, 2022 meeting the City Council introduced Ordinance 2022-06 for a first reading, for the update of the Municipal Code with regard to Purchasing. 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
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
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: June 8, 2022 Agenda Item No. 12
Subject: 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: June 3, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Hold second reading and adopt Ordinance 2022-07.
ISSUE STATEMENT AND DISCUSSION:
At the May 25, 2022 meeting the City Council introduced Ordinance 2022-06 for a first reading, for the update of the Municipal Code with regard to Encroachments. 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 8th day of June, 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: June 8, 2022 Agenda Item No. 13
Subject: Conduct a Public Hearing in Consideration of
Resolution No. 2022-41 To File a Notice of Exemption;
Ordinance No. 2022-08 Approving the Annexation and
Prezoning; and Resolution No. 2022-42 Request to Initiate Proceedings; for the Annexation of 43.5 Acres Located in Two Distinct Areas of the City Sphere of Influence Along State Highway 49 and Old Downieville Highway, City
Annexation No. 57
From: Amy Wolfson, City Planner
Date: June 1, 2022
Reviewed & Approved:
STG
Recommended Actions:
• Approve Resolution 2022-41 for filing a Notice of Exemption for the annexation, and pre-zoning pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment making finding A:
A. That the pre-zoning will provide land use designations that are either compatible with existing developed uses or compatible with the Nevada City General Plan Land Use Designations and the planned use of the properties to be annexed for which an EIR was prepared and certified in 1986
• Adopt Ordinance 2022-08, approving the annexation of 43.5 acres of Nevada County territory into the City of Nevada City and pre-zoning the properties as provided in the Ordinance making findings A-C:
A. That all the proposed annexation territory is within the City’s current Sphere of Influence boundary;
B. That all of the proposed annexation territory will be pre-zoned in a manner that is compatible with the City’s General Plan Land Use designations as may be amended; and C. That the City has the capacity to serve the proposed annexation territory in terms of Police, Fire, and Sewer service.
• Approve Resolution 2022-42, initiating an annexation application with LAFCo for all that territory delineated on the map known as Annexation #57 (Exhibit B), making findings A-B:
A. That all the proposed annexation territory is within the City’s current Sphere of Influence boundary;
B. That the City has the capacity to serve the proposed annexation territory in terms of Police, Fire, and Sewer service.
ISSUE STATEMENT AND DISCUSSION:
The County of Nevada filed an annexation and pre-zoning application with the City for three County-owned properties, delineated as Area A of the Annexation Map exhibit. The County intends to lease six acres of this area to accommodate the Tahoe National Forest Headquarters. Staff recommends including the annexation of two properties along Old Downieville Highway as part of a “clean-up” effort to annex properties whereby the City currently provides service; The city currently serves the residential properties delineated in Area B on the annexation map exhibit with City water. On April 27, 2022, the City Council approved Resolution 2022-29, authorizing staff to begin the process for pre-zoning the above properties to accompany an annexation application to be filed with the Nevada County Local Area Formation Commission (LAFCo).
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission made a recommendation at a public hearing held on May 19, 2022 to approve the annexation and the pre-zoning as proposed, finding that the pre-zoning designations are compatible with the City’s General Plan Land Use designations. The recommended pre-zoning for the subject properties is provided in the table below, and depicted on Exhibit B of Draft Ordinance 2022-41, attached.
Property City GP
Designation*
Current Use Pre-zoning
Recommendation**
Acreage
Area
A
15405 Kahele Court R-PD Vacant (Countyowned)P-PD-SC-AN 21.70 14499 Kahele Court R-PD Vacant (Countyowned)P-PD-SC-AN 1.56 15434 Kahele Court R-PD County Juvenile Hall
Facility
P-PD-SC-AN 10.09
Area
B
15617 Old Downieville
Hwy
R Single-Family
Residential
RR-AN 0.47
15585 & 15575 Old
Downieville Hwy
R Single-Family
Residential
RR-AN 0.11,
0.04 * GP Land Use Designations: Rural (R), Planned-Development (PD) ** Base Districts: Rural Residential (RR), Public (P); Combining Districts: Panned Development (PD), Scenic Corridor (SC), Annexation (AN)
CAPACITY TO SERVE:
For Annexation Area A, the City does not intent to extend any services at this time because properties are either vacant and not in need of services, or they are already being served and do not currently require extension of services. The vacant property at 15405 Kahele Court can be served with city sewer at the time of development with a pump system, and by NID water. The existing Juvenile Hall facility at 15434 Kahele Court is currently served by city sewer and by NID water.
For Annexation Area B, the City is prepared to extend a water main on Old Downieville Highway to improve the existing water service at existing residential properties that are proposed for annexation and to provide for a fire hydrant. These residential properties may also connect to City sewer with a privately maintained pump system. The City does not anticipate extending a sewer main to this area because gravity sewer is unavailable due to topography. Neighboring lots are also served by privately maintained sewer pump system. It is not necessary for any property to connect to the City’s sewer system until such time that the existing individual septic system fails.
Additional information on Fire, Sewer, and Police service can be found in the “Plan for Services” Exhibit B, attached to the Draft Resolution of Application (Attachment 4).
ENVIRONMENTAL REVIEW:
The Planning Commission recommended that the City Council approve a Notice of Exemption as outlined in Resolution 2022-41 finding that the adoption of the Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines) Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The pre-zoning will provide land use designations that are compatible with existing developed uses or compatible with the Nevada City General Plan Land Use Designations and the planned use of the properties to be annexed for which an EIR was prepared and certified in 1986.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The $2,500 deposit to file the annexation application with LAFCo is the responsibility of the applicant.
Staff has committed to an invoice payment of $1,495 to Dundas Geomatics to compensate for mapping services attributed to “Area B.” The State Board of Equalization fees are broken down by acreage with the County’s portion for “Area A” estimated at $1,200 and the City’s portion of “Area B” estimated at $350.
ATTACHMENTS:
1 Sphere of Influence Boundary Map, adopted 2020
2 Draft Resolution 2022-41 to File a Notice of Exemption (exhibit A included) 3 Draft Ordinance 2022-08 for pre-zone (exhibits A and B included) 4 Draft Resolution 2022-42, Application to LAFCo for annexation (exhibits A, B, and C included) 5 Public Comment Received Prior to Planning Commission Meeting, May 19, 2022 Ã20
Ã49
NEVADA CITY
NEVADA CITY
GRASS VALLEY
Bloomfield
Area of Interest
Airport
Area of Interest
Eden Ranch
Area of Interest
South DS Canal
Area of Interest
Red Dog
Area of Interest
Figure 5-1
Nevada City Sphere of Influence
Near Term Sphere
Long Term Sphere
Areas of Interest
Approved 11/19/2020
LAFCo Reso 20-05
RESOLUTION NO. 2022-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEVADA CITY, STATE OF CALIFORNIA, TO FILE
A NOTICE OF EXEMPTION
(Annexation #57 and Pre-zoning)
WHEREAS, the City Planner and City Attorney have reviewed the Ordinance for pre-zoning of that area described as “Annexation #57,”along with the Resolution initiating an application with LAFCo for an Annexation of that area described as “Annexation #57,”(“Project”) and determined that it is exempt from review under the California Environmental Quality Act pursuant to Title 14, Chapter 3, California Code of Regulations, Section 15061 (b)(3) – Activity is not subject to CEQA because there is no possibility the project will have a significant effect on the environment; and WHEREAS, a Notice of Exemption has been prepared for the Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nevada City as follows:
Section 1. Based on the review and determination of the Planning Department, the City Council of the City of Nevada City finds that the Project is exempt from review under the California Environmental Quality Act.
Section 2. A Notice of Exemption is recommended for approval for the Project.
Section 3. Upon approval of the Project by the City Council, the City Clerk may file the Notice of Exemption, attached hereto as Exhibit A, with the County Clerk of Nevada County and, if the Project requires a discretionary approval from any state agency, with the State Office of Planning and Research, pursuant to the provisions of Section 21152(b) of the Public Resources Code and the State EIR Guidelines adopted pursuant thereto.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Nevada City at a public meeting held on the 8th of June, 2022
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Duane Strawser, Mayor
ATTEST:
_____________________________________
Niel Locke, City Clerk
RESOLUTION 2022-41, Exhibit A
NOTICE OF EXEMPTION
TO: Office of Planning and Research FROM: City of Nevada City 1400 Tenth Street 317 Broad Street
Sacramento, CA 95814 Nevada City, CA 95959
Nevada County Clerk/Recorder’s Office
Environmental Filings
Eric W. Rood Administrative Center
950 Maidu Avenue, Nevada City CA 95959
Project Title: Nevada City Annexation #57
Project Address: 317 Broad Street, Nevada City, California 95959 Project Location:
• Area A (Approx. 38 acres along State Highway 49)
o 15405 Kahele Court (005-050-032), property owner on record: COUNTY OF NEVADA o 14499 Kahele Court (005-050-028), property owner on record: COUNTY OF NEVADA o 15434 Kahele Court (005-050-015), property owner on record: COUNTY OF NEVADA • Area B (Approx. 5.5 acres along Old Downieville Highway) o 15617 Old Downieville Highway (005-100-008), property owner on record: DUGAN
KEVIN J TRSTE & ASHLOCK-DUGAN DEBRA L TRSTE
o 15585 & 15575 Old Downieville Highway(035-230-036) property owner on record:
BARBERA MELINDA TRSTE
Project Location – County: Nevada
Project Description: The City of Nevada City is filing the appropriate application to annex the
43.5 acres as described above, which are currently outside of the City limits but within the Sphere of Influence boundary. The annexation territory includes approximately 9.5 acres of public right-of-way area.
.
Name of Public Agency Approving Project: City of Nevada City Name of Person or Agency Carrying Out Project: City of Nevada City Exempt Status: (Check One)
Ministerial (Section 21080(b)(1); 15268);
Declared Emergency (Section 21080(b)(3); 15269(a));
Emergency Project (Section 21080(b)(4); 15269(b)(c));
X “Common Sense” Exception (Section 15061(b)(3))
__ Categorical Exemption. Type and section number:
Statutory Exemptions. State code number:
Reasons why project is exempt: The project includes a Resolution to initiate an annexation with LAFCo for property within the City’s Sphere of Influence (SOI) and an Ordinance for pre-zoning of all that territory proposed to be annexed. All of the proposed annexation territory can be served by sewer or is currently being served by sewer and the City’s waste water treatment facility has the capacity to serve the entire territory at the land use intensities specified by the pre-zoning as verified by the City Engineer. The City currently participates in a Joint Operational Area (JOA) master agreement with the City of Grass Valley and with Nevada County Consolidated Fire District to provide reciprocal fire protection and emergency medical response services to the area identified within that annexation territory. Finally, The City’s Police Department provides a 3.4 ratio of officers per 1,000 residents (higher than the 2.2 national average for small cities) and the proposal would result in only two additional residential properries. Therefore, the project is exempt from CEQA as there is no possibility that the project will have a significant impact on the environment (Title 14, Chapter 3, Section 15061(b)(3).
Lead Agency Contact Person: Amy Wolfson, City Planner Number: 530-265-2496 X130 Signature & Title: Date:
Signed by Lead Agency Signed by Applicant Date received for filing:
ORDINANCE 2022-08
AN ORDINANCE APPROVING THE ANNEXATION AND PREZONING OF 43.5
ACRES WITHIN THE UNINCORPORATED AREA OF NEVADA COUNTY IN TWO DISTINCT AREAS ALONG STATE HIGHWAY 49
AND OLD DOWNIEVILLE HIGHWAY
The City Council of the City of Nevada City does hereby ordain as follows:
SECTION I:
Upon certification of the annexation by the Nevada County Local Agency Formation Commission, the official City Map of Nevada City shall be amended to reflect the annexation of the following properties and including approximately 9.5 acres of existing, right-of-way area within the unincorporated area of Nevada County to the City limits of Nevada City and more particularly depicted on the attached Exhibit A:
• Area A (Approx. 38 acres along State Highway 49)
o 15405 Kahele Court (005-050-032), property owner on record:
COUNTY OF NEVADA
o 14499 Kahele Court (005-050-028), property owner on record:
COUNTY OF NEVADA
o 15434 Kahele Court (005-050-015), property owner on record:
COUNTY OF NEVADA
• Area B (Approx. 5.5 acres along Old Downieville Highway) o 15617 Old Downieville Highway (005-100-008), property owner on record: DUGAN KEVIN J TRSTE & ASHLOCK-DUGAN DEBRA L
TRSTE
o 15585 & 15575 Old Downieville Highway (035-230-036) property owner on record: BARBERA MELINDA TRSTE
SECTION II:
Attached hereto as Exhibit B is a document entitled “Properties Proposed for Prezoning, and Annexation to the City of Nevada City”, which is made a part hereof by reference. This exhibit lists each parcel to be annexed to the City of Nevada City and sets forth the prezoning. The City Council hereby approves the prezoning for each parcel as set forth in Exhibit B. The prezoning and General Plan Amendment shall not become effective unless and until the annexation of the property which is subject to the prezone is certified by the Nevada County Local Agency Formation Commission.
SECTION III:
In approving this prezoning, the City Council finds as follows:
1. The prezoning is consistent with the goals, objectives and policies of the Nevada City General Plan.
2. The proposed prezoning will not adversely affect the public health, safety and welfare or result in an illogical land use.
3. The Planning Commission conducted a duly noticed public hearing and, after review of all verbal and written testimony, recommended to the City Council the approval of the prezoning.
4. That the proposed project could not have a significant effect on the environment, and that any anticipated effects of future ministerial projects would be mitigated by existing City development standards, which would govern such projects.
5. That any anticipated effects of future discretionary projects would be mitigated as necessary by future environmental documents prepared to analyze such a proposal along with existing City development standards, which would govern such projects.
6. City staff shall attach the AN Annexation classification to all parcels annexed in order to facilitate administrative processing pursuant to the zoning ordinance.
SECTION IV:
This ordinance shall take effect thirty (30) days from the date of its adoption.
PASSED AND ADOPTED at a regular scheduled meeting of the City Council in the City of Nevada City on June 8, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Duane Strawser, Mayor
ATTEST:
_____________________________________
Niel Locke, City Clerk
Public (P)
Rural Residential (RR)
Legend
Base Zoning Districts:
SC: Scenic Corridor
PD: Planned Development
AN: Annexation (applicable to all
annexed properties)
Combining Zoning Districts:
Attachment 1: Pre-zoning Map, PC Annexation Staff Report 5/19/2022 ORDINANCE 022-XX, Exhibit A
Attachment 1: Pre-zoning Map, PC Annexation Staff Report 5/19/2022 Public (P)
Rural Residential (RR)
Legend
Base Zoning Districts:
SC: Scenic Corridor
PD: Planned Development
AN: Annexation (applicable to all
annexed properties)
Combining Zoning Districts:
ORDINANCE 022-XX, Exhibit A
ORDINANCE 2022-08, Exhibit B
Properties Proposed for Pre-zoning, and Annexation to the City of Nevada City Property
City GP
Designation* Current Use
Pre-zoning
Recommendation** Acreage
Area
A
15405 Kahele Court R-PD Vacant (County-owned) P-PD-SC-AN 21.70 14499 Kahele Court R-PD Vacant (County-owned) P-PD-SC-AN 1.56 15434 Kahele Court R-PD County Juvenile Hall
Facility
P-PD-SC-AN 10.09
Area
B
15617 Old Downieville Hwy R Single-Family Residential RR-AN 0.47 15585 & 15575 Old
Downieville Hwy
R Single-Family Residential RR-AN 0.11, 0.04
* GP Land Use Designations: Rural (R), Planned-Development (PD) ** Base Districts: Rural Residential (RR), Public (P); Combining Districts: Panned Development (PD), Scenic Corridor (SC), Annexation (AN)
RESOLUTION 2022-42
RESOLUTION OF APPLICATION BY THE CITY OF NEVADA CITY
REQUESTING THE LOCAL AGENCY FORMATION COMMISSION
OF NEVADA COUNTY TO INITIATE PROCEEDINGS FOR THE
ANNEXATION OF 43.5 ACRES LOCATED IN TWO DISTINCT
AREAS OF THE CITY SPHERE OF INFLUENCE ALONG STATE
HIGHWAY 49 AND OLD DOWNIEVILLE HIGHWAY, CITY
ANNEXATION NO. 57
RESOLVED, by the City Council of the City of Nevada City, that WHEREAS, the City of Nevada City wishes to initiate proceedings pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Government Code § 56000 et seq, for the annexation of territory east of the City, 45.5 acres along State Highway 49 and Old Downieville Highway, known as City Annexation No. 57; and
WHEREAS, the territory proposed to be annexed is delineated by description of the boundaries set forth in Exhibit A attached hereto, with a map showing the territory to be annexed attached hereto as Exhibit B, both incorporated herein by reference; and WHEREAS, this proposal is consistent with the City’s sphere of influence, as updated by the Local Agency Formation Commission in November 2020 under LAFCo Resolution 20-05; and
WHEREAS, this proposal is anticipated to be consistent with the proposed update to the City sphere of influence, currently under review by the Local Agency Formation Commission; and
WHEREAS, it is desired that the proposed annexation be subject to the following terms and conditions:
• The subject territory has been pre-zoned by the City Council with the following base districts: Public (P), and Rural Residential (RR); and • The subject territory shall be detached from the Nevada County Consolidated Fire District upon annexation to the City; and • The territory shall be subject to the levying or fixing and collection of any previously authorized taxes, benefit assessments, fees and charges of the City.
WHEREAS, the Nevada City General Plan states it to be the City’s intention to ultimately include its entire sphere of influence within its boundaries and that each proposal for annexation will be judged individually on its physical, fiscal, and aesthetic compatibility with the goals and policies of the City of Nevada City;
WHEREAS, the 38 acres delineated as “Area A” consists of three County-owned properties within an area of the Nevada City SOI that borders the existing City limits and represents a logical City boundary, located at
o 15405 Kahele Court (005-050-032),
o 14499 Kahele Court (005-050-028)
o 15434 Kahele Court (005-050-015)
WHEREAS, the 5.5 acres delineated as “Area B” consists of three residential properties within an area of the Nevada City SOI that borders the existing City limits and represents a logical City boundary, located at:
o 15617 Old Downieville Highway (005-100-008)
o 15585 & 15575 Old Downieville Highway (005-100-007, 005-100-06)
WHEREAS, the City Council adopts the findings recommended by the Planning Commission that the annexation qualifies for exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. All that territory to be annexed is located in the anticipated City expansion area as identified in the Sphere of Influence Map adopted by LAFCo in November 2020. The pre-zoning will provide land use designations that are either compatible with existing developed uses or compatible with the established Nevada City General Plan Land Use Designations.
WHEREAS, the City Council hereby adopts the plan for providing services to the affected territory required by Government Code § 56653 and attached hereto as Exhibit C and made a part hereof by reference; and
WHEREAS, the City Council certifies that pursuant to §99 (b) of the Tax and Revenue Code: the Council agrees that property taxes for the territory to be annexed to the City shall be allocated between the City and Nevada County pursuant to the existing master tax agreement adopted by the Board of Supervisors as Resolution 81-235.
WHEREAS, the City Council certifies that, pursuant to Government Code §56663(d) that it consents to the Local Agency Formation Commission’s waiver of the final protest hearing if no written opposition from property owners or registered voters within the affected territory is received prior to the conclusion of the LAFCo meeting.
NOW THEREFORE, this Resolution of Application is hereby adopted and approved by the City of Nevada City, and the Local Agency Formation Commission of Nevada County is hereby requested to initiate proceedings for the annexation of the territory described by the Local Government Reorganization Act.
This resolution shall not be effective until the final adoption of Ordinance 2022-XX establishing the zoning of the property.
PASSED AND ADOPTED, by the City Council of the City of Nevada City, this 8th day of June, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________________,
Duane Strawser, Mayor
ATTEST:
_________________________________
Niel Locke, City Clerk
ANNEXATION NUMBER __________
CITY OF NEVADA CITY
PORTIONS OF SECTIONS 11 & 12, TOWNSHIP 16 NORTH, RANGE 8 EAST, MOUNT
DIABLO MERIDIAN
IN THE UNINCORPORATED AREA OF THE COUNTY OF NEVADA, STATE OF CALIFORNIA AREA “A”
BEGINNING AT THE INTERSECTION OF ANNEXATION NO. 37 AS SHOWN IN THAT MAP IN BOOK 9 OF SURVEYS PAGE 176 WITH THE NEVADA COUNTY RECORDER
AND THE NORTHLY RIGHT OF WAY LINE OF AMERICAN HILL ROAD ALSO BEING
THE EASTERLY CORNER OF THAT CERTAIN PARCEL DESCRIBED IN DOCUMENT NO. 1999-025013 O.R.N.C., THENCE FOLLOWING THE SOUTHERLY LINE OF SAID PARCEL THE FOLLOWING EIGHT (8) COURSES:
1. (L14) N 60° 33' 10" W FOR A DISTANCE OF 130.12 FEET.
2. (L15) N 09° 19' 53" E FOR A DISTANCE OF 88.47 FEET.
3. (L16) N 63° 49' 00" W FOR A DISTANCE OF 169.95 FEET
4. (L17) N 26° 06' 00" W FOR A DISTANCE OF 75.94 FEET.
5. (L18) S 38° 59' 00" W FOR A DISTANCE OF 161.42 FEET
6. (L19) S 46° 53' 52" W FOR A DISTANCE OF 218.43 FEET.
7. (L20) S 58° 00' 00" W FOR A DISTANCE OF 192.00 FEET.
8. (L21) S 87° 27' 50" W FOR A DISTANCE OF 359.88 FEET,
THENCE LEAVING SAID SOUTHERLY LINE AND CONTINUING ON THE WEST LINE OF SAID PARCEL (L22) N 06° 41' 18" E FOR A DISTANCE OF 33.49 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL DESCRIBED IN DOCUMENT NO. 2009-31463 O.R.N.C., THENCE FOLLOWING THE SOUTH AND WEST LINE OF SAID PARCEL THE FOLLOWING THREE (3) COURSES:
1. WEST FOR A DISTANCE OF 1205.21 FEET.
2. N 48° 00' 56" W FOR A DISTANCE OF 100.69 FEET.
3. N 14° 38' 29" W FOR A DISTANCE OF 559.23 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LIN OF STATE HIGHWAY 49;
THENCE, N 03° 40' 00" E FOR A DISTANCE OF 130.18 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY 49, THENCE FOLLOWING SAID NORTHERLY RIGHT OF WAY THE FOLLOWING ELEVEN (11) COURSES:
1. S 86° 20' 00" E FOR A DISTANCE OF 340.98 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE NORTH HAVING A RADIUS OF 2938.35 FEET AND A CHORD BEARING S 87° 14' 19" E 92.85 FEET,
2. (C1) EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01° 48' 38" AND AN ARCH LENGTH OF 92.85 FEET TO A NON-TANGENTIAL LINE.
RESO2022-XX
resolution of LAFCo Application
Exhibit A
3. (L1) S 01° 51' 22" W FOR A DISTANCE OF 14.99 FEET TO THE BEGINNING OF
A NON-TANGENTIAL CURVE, CONCAVE TO THE NORTH HAVING A
RADIUS OF 2953.34 FEET AND A CHORD BEARING N 85° 39' 41" E 637.38 FEET,
4. NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12° 23' 22" AND AN ARCH LENGTH OF 638.62 FEET.
5. (L2) N 79° 28' 00" E FOR A DISTANCE OF 251.16 FEET.
6. (L3) S 10° 32' 00" E FOR A DISTANCE OF 5.00 FEET.
7. (L4) N 79° 28' 00" E FOR A DISTANCE OF 599.66 FEET.
8. (L5) N 10° 32' 00” W FOR A DISTANCE OF 9.99 FEET.
9. (L6) N 79° 28' 00" E FOR A DISTANCE OF 99.94 FEET.
10. (L7) N 10° 32' 00" W FOR A DISTANCE OF 9.99 FEET.
11. (L8) N 79° 15' 36" E FOR A DISTANCE OF 144.12 FEET TO A POINT ON THE WEST LINE OF SAID ANNEXATION NO. 37,
THENCE FOLLOWING THE WESTERLY LINE OF SAID ANNEXATION THE FOLLOWING FIVE (5) COURSES:
1. (L9) S 01° 37' 07" E FOR A DISTANCE OF 249.56 FEET.
2. (L10) S 32° 17' 43" E FOR A DISTANCE OF 114.42 FEET.
3. (L11) S 24° 05' 37" E FOR A DISTANCE OF 158.60 FEET.
4. (L12) S 27° 43' 37" E FOR A DISTANCE OF 313.40 FEET.
5. (L13) S 24° 04' 32" E A DISTANCE OF 139.79 FEET TO THE POINT OF BEGINNING.
AREA “A” CONTAINING 37.96 AC+/-
________________________________
Robert J. Lawless, P.L.S. 8928
Expires 9-30-2022
___________________
Date:
AREA “B”
BEGINNING AT THE INTERSECTION OF ANNEXATION NO. 16 AND THE NORTHLY LINE OF ANNEXATION NO. 36, THENCE ALONG THE SOUTHERLY LINE OF LANDS DESCRIBED IN DOCUMENT NO. 2021-031791 AND DOCUMENT NO. 2020-026569 (L35) S 88° 35' 27" W FOR A DISTANCE OF 330.29 FEET TO THE BEGINNING OF A NONTANGENTIAL CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 178.61 FEET AND A CHORD THAT BEARS S 70° 40' 23" W 116.60 FEET ALSO BEING A POINT ON THE SOUTHERLY LINE OF OLD DOWNIEVILLE HIGHWAY; THENCE ALONG THE
SOUTHERLY RIGHT OF WAY LINES OF OLD DOWNIEVILLE HWY AND CHAMPION MINE ROAD AND FOLLOWING THE NORTHERLY LINE OF SAID ANNEXATION 36 THE FOLLOWING THIRTEEN (13) COURSES:
1. (C3) CONTINUING SOUTHERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 38° 06' 08" AND AN ARCH LENGTH OF 118.78 FEET,
2. (L36) S 89° 39' 00" W FOR A DISTANCE OF 116.45 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, HAVING A RADIUS OF 220.00 FEET,
3. (C4) WEST AND SOUTHWESTERLY THROUGH A CENTRAL ANGLE OF 41° 04' 21" AN ARCH LENGTH OF 157.71 FEET.
4. (L37) S 48° 34' 39" W FOR A DISTANCE OF 56.12 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 305.00 FEET,
5. (C5) SOUTHWESTERLY THROUGH A CENTRAL ANGLE OF 29° 49' 21" AN ARCH LENGTH OF 158.75 FEET,
6. (L38) S 78° 24' 00" W FOR A DISTANCE OF 29.33 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 170.00 FEET,
7. (C6) SOUTHWESTERLY THROUGH A CENTRAL ANGLE OF 23° 04' 00" AN ARCH LENGTH OF 68.44 FEET.
8. (L39) S 55° 20' 00" W FOR A DISTANCE OF 48.48 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVN GA RADIUS OF 130.00 FEET,
9. (C7) SOUTHWESTERLY AND WESTERLY THROUGH A CENTRAL ANGLE OF 44° 24' 00" AN ARCH LENGTH OF 100.74 FEET,
10. (L40) N 80° 16' 00" W FOR A DISTANCE OF 47.40 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 70.00 FEET,
11. (C8) WESTERLY AND SOUTHWESTERLY THROUGH A CENTRAL ANGLE OF 56° 35' 00" AN ARCH LENGTH OF 69.13 FEET,
12. (L41) S 43° 09' 00" W FOR A DISTANCE OF 1.14 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 130.00 FEET,
13. (C9) SOUTHWESTERLY THROUGH A CENTRAL ANGLE OF 38° 11' 44" AN ARCH LENGTH OF 85.66 FEET TO A POINT OF INTERSECTION WITH A NONTANGENTIAL LINE, THENCE LEAVING SAID RIGHT OF WAY LINE AND ANNEXATION LINE, (L23) N 01° 22' 18" W FOR A DISTANCE OF 313.61 FEET TO THE NORTHWEST CORNER OF “PORTION PARCEL “A”” AS SHOWN ON PARCEL MAP ON FILE IN BOOK 17 OF PARCEL MAPS, AT PAGE 29, NEVADA COUNTY RECORDS, THENCE ALONG THE NORTH LINE OF SAID PARCEL N 88° 39' 00" E FOR A DISTANCE OF 492.71 FEET TO A
NON-TANGENTIAL CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 403.81 FEET AND A CHORD THAT BEARS N 62° 32' 34" E 181.43 FEET, ALSO BEING THE
INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF OLD DOWNIEVILLE HWY. THENCE FOLLOWING SAID NORTH RIGHT OF WAY LINE THE FOLLOWING SEVEN (7) COURSES:
1. (C2) CONTINUING ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25° 57' 53" AN ARCH LENGTH OF 182.99 FEET,
2. (L24) N 01° 40' 00" W FOR A DISTANCE OF 3.25 FEET
3. (L25) S 89° 38' 00" E FOR A DISTANCE OF 235.26 FEET
4. (L26) N 69° 51' 00" E FOR A DISTANCE OF 24.24 FEET
5. (L27) N 57° 42' 00" E FOR A DISTANCE OF 96.92 FEET
6. (L28) N 39° 09' 00" E FOR A DISTANCE OF 104.21 FEET,
7. (L29) N 83° 59' 37" E FOR A DISTANCE OF 34.79 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF ANNEXATION NO. 16 AS SHOWN IN BOOK 5 OF SURVEYS PAGE 177 ON FILE WITH THE NEVADA COUNTY RECORDER
THENCE CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE AND THE SOUTH LINE OF ANNEXATION NO. 16 THE FOLLOWING FOUR (4) COURSES:
1. (L30) N 83° 59' 37" E FOR A DISTANCE OF 86.10 FEET,
2. (L31) S 57° 04' 00" E FOR A DISTANCE OF 64.36 FEET,
3. (L32) S 15° 44' 00" E FOR A DISTANCE OF 86.34 FEET
4. (L33) S 42° 22' 00" E FOR A DISTANCE OF 60.01 FEET TO THE WEST LINE OF
NEVADA CITY TOWN SITE
THENCE LEAVING SAID NORTH RIGHT OF WAY CONTINUING ALONG SAID WEST LINE (L34) S 06° 21' 06" E A DISTANCE OF 57.46 FEET TO THE POINT OF BEGINNING.
AREA “B” CONTAINING 5.48 AC+/-
________________________________
Robert J. Lawless, P.L.S. 8928
Expires 9-30-2022
___________________
Date:
SHEET 1 OF 2 SHEETS Scale 1"=200' RECORDED AT THE REQUEST OF S.R. JONES, EXECUTIVE OFFICER OF NEVADA COUNTY LOCAL AGENCY FORMATION COMMISSION, AT ____________ A.M./P.M. THIS _______ DAY OF _______________, 2022, IN BOOK _____ OF SURVEYS AT PAGE _____, NEVADA COUNTY RECORDS. DOCUMENT NO.:______________________ FEE:_____________ BY:__________________________________ NEVADA COUNTY CLERK-RECORDER GREGORY J. DIAZ THIS MAP WAS PREPARED OR UNDER THE DIRECTION OF: _______________________________ ROBERT J. LAWLESS, PLS 8928 RECORDER'S STATEMENT APPROVED BY NEVADA COUNTY LOCAL AGENCY FORMATION COMMISSION. RESOLUTION NUMBER, ___________________ DATE: _______________ THIS MAP, WHEN RECORDED, WAS ACCOMPANIED BY A CERTIFICATE OF COMPLETION, PREPARED PURSUANT TO SECTIONS 57200-51202 OF THE GOVERNMENT CODE, TO WHICH WAS ATTACHED A CERTIFIED COPY OF THE BOUNDARY DESCRIPTION OF THE TERRITORY SHOWN ON SAID MAP. THE CERTIFICATE OF COMPLETION IS RECORDED AS DOCUMENT NO. ______________________, NEVADA COUNTY RECORDS. _____________________________ S.R. JONES EXECUTIVE OFFICER, L.A.F.C.O. NEW CITY BOUNDARY EXISTING CITY BOUNDARY ADJOINING PROPERTY P.O.B. POINT OF BEGINNING ANNEXATION #______ CITY OF NEVADA CITY A PORTION OF SECTIONS 11 & 12, TOWNSHIP 16 NORTH, RANGE 8 EAST, M.D.M. IN THE UNINCORPORATED AREA OF THE COUNTY OF NEVADA, STATE OF CALIFORNIA SCALE 1"=200' DUNDAS GEOMATICS, INC. MARCH 2022 159 S. AUBURN ST. GRASS VALLEY, CA 95945 (5530) 274-1616 _____________________________ DATE LEGEND RED DOG RD BROAD ST EAST WEST OLD DOWNIEVILLE HWYZION ST DEER CREEK NEVADA CITY CEMENT HILL RESO2022-XXresolution of LAFCo ApplicationExhibit B
SHEET 2 OF 2 SHEETS Scale 1"=200' ANNEXATION #______ CITY OF NEVADA CITY A PORTION OF SECTIONS 11 & 12, TOWNSHIP 16 NORTH, RANGE 8 EAST, M.D.M. IN THE UNINCORPORATED AREA OF THE COUNTY OF NEVADA, STATE OF CALIFORNIA SCALE 1"=200' DUNDAS GEOMATICS, INC. MARCH 2022 159 S. AUBURN ST. GRASS VALLEY, CA 95945 (5530) 274-1616 NEW CITY BOUNDARY EXISTING CITY BOUNDARY ADJOINING PROPERTY P.O.B. POINT OF BEGINNING LEGEND RESO2022-42
resolution of LAFCo Application, Exhibit C
NEVADA CITY – PLAN FOR SERVICES
ANNEXATION #57, 43.5 ACRES (State Highway 49 and Old
Downieville Highway Properties)
1. An enumeration and description of the services to be extended to the affected territory.
For Annexation Area A, the City does not intent to extend any services at this time because properties are either vacant and not in need of services, or they are already being served and do not currently require extension of services. The vacant property at 15405 Kahele Court can be served with city sewer at the time of development with a pump system, and by NID water. The existing Juvenile Hall facility at 15434 Kahele Court is currently served by city sewer and by NID water.
For Annexation Area B, the City is prepared to extend a water main on Old Downieville Highway to improve the existing water service at existing residential properties that are proposed for annexation and to provide for a fire hydrant. These residential properties may also connect to City sewer with a privately maintained pump system. The City does not anticipate extending a sewer main to this area because gravity sewer is unavailable due to topography. Neighboring lots are also served by privately maintained sewer pump system.
It is not necessary for any property to connect to the City’s sewer system until such time that the existing individual septic system fails.
Wastewater (Sewer) Treatment Facility: Nevada City owns and operates a tertiary wastewater treatment facility designed with capacity to accommodate properties in the current SOI. The Plant has a capacity of 0.69 million gallons per day (mgd). Current average dry weather flow ranges from 0.38 to 0.47 mgd, indicating the facility has the capacity to serve the entire SOI. The facility’s design capacity and City’s subsequent significant capital investments over time were made because the facility anticipated serving all parcels within the current SOI boundary (the City has invested approximately $6 million in improvements since 2006/07 alone). A significant determination in developing the current SOI was the fact that sewage from the SOI parcels would flow by gravity to the City’s wastewater facility. Sewer mains currently are at the City limits against the SOI.
Wastewater Collection Service: Properties may connect to City sewer using privately maintained sewer pump systems. The City does not anticipate extension of gravity sewer main to the Annexation Areas because gravity sewer is unavailable due to topography. Existing pressure lines located within City right-of-way on Old Downieville Road and Monroe Street are of such size to properly serve all of the properties shown on the map for Annexation Area B. Existing pressure lines located along Highway 49 may need to be improved or replaced to serve future development of properties in Annexation A. This will be determined at time of development.
Water Service: The City will not expand water service lines. Any area of the sphere of influence that is not currently being served by city water is served by the Nevada Irrigation District.
Fire Service: The City of Nevada City, City of Grass Valley and the Nevada County Consolidated Fire District (NCCFD), have operated under a Joint Operational Area (JOA) master agreement to provide reciprocal fire protection and emergency medical response services. Nevada City’s Fire Station 54 serves as one of seven JOA fire stations. The Nevada City Fire Department will be able to meet the capacity to serve the annexed territory through existing Automatic-Aid Agreements with the Grass Valley Fire Department and the Nevada RESO2022-42
resolution of LAFCo Application, Exhibit C
County Consolidated Fire District. Each agency responds resources through Computer Aided Dispatch (CAD) on a drop boundary, closest resource matrix. There are times where we will go to their calls because we are the closer resource and there are times where they will go to our calls because they are the closer resource.
Police Services: The City’s Police Department includes a sworn staff of 12 officers. The City’s ratio of full-time officers per 1,000 residents is 3.78 which is higher than the 2.2 average ratio reported by the U.S. Bureau of Justice Statistics (BJS) for cities with a service population of 2,500 to 9,999. A corps of three Reserve Officers and three civilian staff that assist with records management, evidence management and community service activities supplements the Police Department’s sworn staff.
2. The level and range of those services.
As needed, the services would be extended to the area at the same level and range as provided throughout the City. The City currently serves the County Juvenile Hall facility with sewer service with lines readily available to serve the two adjacent County properties.
3. indication of when those services can feasibly be extended to the affected territory.
One of the County-owned properties is already developed, and currently receives City sewer service. The residential landowners on Old Downieville Highway are not currently connected to City sewer service, but will be able to apply for service with utilization of a privately-maintained lift station due topography constraints.
Landowners who have vacant territory proposed to be annexed, will be allowed to apply for sewer service as needed with development proposals. Other municipal services (including fire, police, and recreation) will be provided at the same level as the City provides throughout its jurisdiction.
4. An indication of any improvement or upgrading of structures, roads,sewer or water facilities, or other conditions the local agency would impose or require within the affected territory if the change of organization or reorganization is completed.
It is not anticipated that service of the subject territory will require the City to add personnel or equipment. However, it should be noted that the City’s Measure “M” special tax will be available for road maintenance and infrastructure needs.
At such time that the residential landowners on Old Downieville Highway connect to city sewer service, they would be required to but will be able to apply for service with utilization of a privately-maintained lift station due topography constraints.
5. Information with respect to how each of those services will be financed.
The cost of providing sewer and water services will be offset by connection fees, water, and sewer rates paid by the property owners of the subject territory.
Additionally, the City levies the following special taxes on its properties: a 3/8 cent tax for fire service, a $12/SFD, and a $24/SFD.
From: Dani Pletter <[email protected]>
Sent: Wednesday, May 18, 2022 8:41 PM
To: Amy Wolfson <[email protected]>; Public Comment <[email protected]>
Subject: Concerns regarding proposed annexation
Hello,
We own and reside at 353 Old Downieville Hwy, and we recently received a letter and a copy of a proposal for annexation of the homes neighboring ours. We have concerns about planned Sewer and Water expansion, and the exact details of what this planned action will have on our future rights and responsibilities. We have been told by the city engineer that there is no budget to continue those lines to the edge of Nevada City, which is at odds with the information in the annexation proposal. We have also been told that there may be a private sewer system with ambiguous ownership, rights, and capacity that some of our neighbors use and that we might need to investigate access to that, even though Nevada City has a public utility sewer just down our city street. We do not have access to Xfinity Internet, which stops just one house before ours, even though we are and have been within the city that I assume they are contracted to service. Given these ambiguities in the proposed plan and ongoing shortfalls in city services, we are interested in knowing exactly how the planned annexation will affect these issues, and exactly what will be expected of us and our neighbors going forward.
Thank You,
-Dani Pletter
From: Glenn Christ [mailto:[email protected]]
Sent: Sunday, May 15, 2022 4:27 PM
To: Amy Wolfson <[email protected]>
Subject: Re: Annexation of Area A
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Hi Amy,
I have attached the Grant Deed below with the reserved easement language and also the “Exhibit “B” referenced with Legal Description. It was prepared by SCO back in 2009 and shows the detail of the layout of the easement road that has existed since that time.
The location of the Deed in the Official Records is also attached. (the first listed easement Deed Recorded July 14, 2000 is, I believe, the Right of Way easement accessing Highway 49 at the Juvenile Hall) One note regarding your Staff Packet at “Capacity to Serve Considerations ”…NID water currently crosses the entirety of the vacant land via the road and would therefore be available to the Tahoe National Forest HQ site to tap into.
Another thought…I don’t know if their is still anyone left in the County who was directly involved with my sale of the land to the County 14 years ago. I carried out some remediations to the property as part of the sale and I am familiar with the details of the NID run I carried out. If anyone ever wants to talk to me about the site I would be happy to give them what I know.
Thanks Again,
Glenn
Sorry for the additional email - but I think there's an easy solution. When talking with the neighbor who is an owner of the private system, he pointed to where this sewer pipe goes up the hill on the ODH. This is right next to the new fire hydrant installed a couple of years ago. In the proposal, I see where the city intends to extend the water line to the annexed properties and install another fire hydrant (yeah!), meaning there will be an open trench in the road created to install the water line.
I respectfully suggest that trench be dug in such as a way to extend the sewer line to where the existing sewer line starts (exactly where the trench would have to start to extend the water line) and then all issues are solved. Three neighbors also requested that if the trench is open anyway, could the city install a gas line as well? There is a current approved easement for a gas line from American Hill dropping down to about where the new fire hydrant was installed.
Thoughts?
Thanks, Kevin
On Thu, May 19, 2022 at 1:34 PM Kevin Dugan <[email protected]> wrote:
Hello.
I'm logged on and would like to make public comments per the agenda. In the meantime, I've been able to look into this issue a little more and spoke with one of the "owners" of the private sewer system up the ODH. Please include the following comments as part of the record:
1. The owner of the private system is uncertain whether their system has the capacity for the additional properties down the ODH, and further stated that the owners may not provide permission to connect if or when necessary in the future.
2. It was suggested that the city consider annexing and purchasing this private system. There is currently a private sewer pipe that goes under the pavement up the ODH hill to Monroe. That'd make extending the sewer pipe down the ODH to affected properties more feasible.
3. The City could solve the problem regarding the lack of sewer hookup for affected properties by funding an extension to the sewer line.
4. Another solution would be to grandfather properties that do not have access to sewer on the street, allowing continued use and replacement if or as necessary of septic systems until such time as the City extends the sewer line.
5. There were comments from neighbors about also providing a natural gas line and better internet to have access to city services.
There may be other solutions as well. However, several neighbors are expressing concern about a future requirement to connect to city sewer if the hookup is not available, and the City's expectation (if true) that property owners would shoulder the costs for extending this line when there are alternative solutions available.
We request that this proposal be tabled for now and that this problem be investigated more prior to deciding about the annexation of the properties on the Old Downieville Highway.
Thank you for your consideration.
Respectfully,
Kevin Dugan
15617 Old Downieville Hwy, NC 95959
On Thu, May 19, 2022 at 9:09 AM Amy Wolfson <[email protected]> wrote:
Hi Kevin,
Thank you for your comment, I will forward them to the commission ahead of today’s meeting. The notice has limited information to alert you to the time and place of an upcoming public hearing. The staff report includes more detailed information and can be found at the following link:
https://nevadacityca.municipalone.com/files/documents/PlanningCommissionPacket05-19- 22031326051722PM1324.pdf
There is a private sewer line down the street from your property for which you would be required to extend and hook into, with a pressure pump, only at such time as you want or when your existing septic system fails, whichever comes first. I am copying, City Engineer, Bryan McAlister in case you have further questions about the sewer hookup.
Amy Wolfson
City Planner
(530) 265-2496 x130
15617 Old Downieville Highway, Nevada City, CA 95959
530.277.5642 (phone)
[email protected]
Nevada City Planning Commission
Nevada City, CA 95959
May 18, 2022
From: Kevin Dugan, Property Owner
15617 Old Downieville Highway, Nevada City, CA 95959
Re: Request for Clarification about and Possible Objection to annexing our property as proposed
Dear Nevada City Planning Commission Members:
This letter is in response to an undated notice we received from Amy Wolfsen received towards the end of last week regarding a proposal to annex several parcels into the City of Nevada City, our property being one of the named properties. The information provided is not complete with regard to the requirements of the property owners should this annexation be approved and implemented, the details regarding hooking up to city sewer services being one of these unknowns.
As you likely know, several properties down the Old Downieville Highway are not connected to the city sewer system and have their own septic systems, our parcel and three properties close to us being among them (there may be more - we don't know). The notice from Ms. Wolfson is silent on the issue of whether these properties with septic systems would be required to hook up to city sewer if annexed into the city, and/or if or when a septic system failed. My wife Debbie Dugan by happenstance spoke with Ms.
Wolfson, and Debbie understood her to say that if or when a septic system failed the affected property would be required to connect to city sewer and would not be allowed to replace the septic tank and/or leech field. We are thinking into the future as our system was recently replaced, but this information is important to know.
The problem is that the city sewer system is not available on the Old Downieville Highway. If what Debbie was told is accurate, any affected property would be in a "Catch 22" in that they can't replace their septic system and they can't connect to city sewer.
With the above foundation, I have several questions:
1. If these properties are annexed, is the City going to fund and install an expansion of the city sewer system to the existing and newly annexed parcels that currently use septic systems and do not have access to city sewer services? Are there plans to expand the sewer line to accommodate any future mandatory requirement to hook up to city sewer? The proposal in the packet for this meeting appears to suggest not.
Letter to the Nevada City Planning Commission, 5/18/22 Page 2
2. Given no city sewer hookups are available on many of the properties on the Old Downieville Highway, if a septic system needed to be replaced would the affected property be allowed to do so if annexed into the City? I did not see any language in the proposed annexation addressing this issue.
3. Is it the City's position that the property owners that currently do not have access to the city sewer system would be responsible for costs to extend the system to the properties that currently are not served by the city sewer in the event their septic system needed to be replaced?
Please know that neither Debbie or I have an objection to being annexed and see advantages. However, the unknown information regarding a possible future mandated requirement to connect to city may be problematic. If the City is going to install the infrastructure allowing these annexed properties to connect to the city sewer system, then there is not an issue. Likewise, if the City would allow property owners to replace septic tanks and/or leech fields if or as necessary in the future given there is no sewer hookup available, again, there is no issue.
However, if it is the City's position that annexed property owners would be responsible for the costs of expanding the city sewer line in response to a requirement to hook up to the sewer, I respectfully register an objection to the annexation plan as proposed.
Also, if there is a plan to extend the water line further down the Old Downieville Highway as we were informally told by the city engineer, please let us know any planned timelines, if known. If this will be happening, is it an option to install the sewer line expansion in the trench as it will be open to accommodate expanding the water line? Thank you for considering my request for information and answers to the questions above.
Best Regards,
_______________________
Kevin Dugan
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: June 8, 2022 Agenda Item No. 14
Subject: Consideration of Resolution No. 2022-43: A
Resolution of the City Council of the City of Nevada City Requesting the Nevada County Auditor-Controller and Tax Collector to Collect Nevada City’s 2002 Special Tax (Measure K) for Fiscal Year 2022/23 and Resolution No. 2022-44: A Resolution of the City Council of the City of Nevada City Requesting the Nevada County Auditor-Controller and Tax Collector to Collect Nevada City’s Special Tax (1986) for Fiscal Year 2022/23
From: Victoria Knoll, Chief Financial Officer
Date: June 3, 2022
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Adopt the resolutions.
ISSUE STATEMENT AND DISCUSSION:
The City of Nevada City had adopted two special taxes pursuant to the provisions of California Government Code Section 53978. The voters approved the first in November 1986 while the second, Measure K, was approved November 5, 2002.
The county collects these taxes on behalf of the city of Nevada City to be applied to improved parcels on real property in tax code areas (02-000, 02-002 and 02-005). The county retains an appropriate administration fee for its expenses in the billing and collection of the taxes on the secured tax roll. These are collected in the same manner as ad valorem taxes.
Resolutions requesting the collection of the taxes are annually brought to the city council for adoption in May for submittal to the county by July 1.
FINANCIAL AND/OR POLICY IMPLICATIONS:
No policy implications. There is no impact to the city’s General Fund, these funds are accounted for as special funds for the intended special use.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
ATTACHMENTS:
Resolution No. 2022-43
Resolution No. 2021-44
Exhibit “A” to resolutions
Exhibit “B” to resolutions
RESOLUTION 2022-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY
REQUESTING THE NEVADA COUNTY AUDITOR-CONTROLLER AND TAX COLLECTOR TO COLLECT NEVADA CITY’S 2002 SPECIAL TAX (MEASURE K)
FOR FISCAL YEAR 2022/2023
WHEREAS, Nevada City has duly adopted a special tax pursuant to the provisions of California Government Code Section 53978 that was approved by the voters as Measure K on November 5, 2002; and
WHEREAS, Ordinance 2002-06 provides for the County to collect said tax on behalf of the City of Nevada City that is to be applied to improved parcels on real property in tax code areas (02-000, 02- 002, and 02-005) and for the County to retain an appropriate fee for its expense in collection; NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Nevada City as follows:
1. That the County Auditor-Controller and Tax Collector are hereby requested and authorized to collect the City’s special tax as proposed by Nevada City’s Ordinance 2002-06 for the fiscal year 2022/2-23 and in accordance with the following schedules which are attached as Exhibits “A” and “B” and incorporated herein by reference and the County Board of Supervisors is requested to instruct the County Auditor-Controller and Tax Collector to bill on the secured tax roll and collect in the same manner as ad valorem county taxes on the secured rolls.
2. The County of Nevada shall be entitled to deduct the reasonable costs of collection and administration of this special tax before remitting the tax revenues collected to Nevada City.
PASSED AND ADOPTED at a specially scheduled meeting of the City Council of Nevada City held on the 8th day of June 2022 by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
Duane Strawser, Mayor
ATTEST:
_______________________________
Niel Locke, City Clerk
RESOLUTION 2022-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY
REQUESTING THE NEVADA COUNTY AUDITOR-CONTROLLER
AND TAX COLLECTOR TO COLLECT NEVADA CITY’S SPECIAL TAX (1986) FOR FISCAL YEAR 2022/2023
WHEREAS, Nevada City has duly adopted a special tax pursuant to the provisions of California Government Code Section 53978 and which was approved by the voters on November 1986; and WHEREAS, Ordinance 86-06 provides for the County to collect said tax on behalf of the City of Nevada City that is to be applied to improved parcels on real property in tax code areas (02-000, 02-002, and 02-005) and for the County to retain an appropriate fee for its expense in collection; NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Nevada City as follows:
1. That the County Auditor-Controller and Tax Collector are hereby requested and authorized to collect the City’s special tax as proposed by Nevada City’s Ordinance 86-06 for fiscal year 2022/2023 fiscal year and in accordance with the following schedules which are attached as Exhibits “A” and “B” and incorporated herein by reference and the County Board of Supervisors is requested to instruct the County Auditor-Controller and Tax Collector to bill on the secured tax roll and collect in the same manner as ad valorem county taxes on the secured rolls.
2. The County of Nevada shall be entitled to deduct the reasonable costs of collection and administration of this special tax before remitting the tax revenues collected to Nevada City.
PASSED AND ADOPTED at a specially scheduled meeting of the City Council of Nevada City held on the 8th day of June 2022 by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________
Duane Strawser, Mayor
ATTEST:
_______________________________
Niel Locke, City Clerk
EHIBIT A
FY 22-23 - ADDITIONS, DELETIONS AND CHANGES TO FIRE DEPARTMENT
SPECIAL TAX
(As submitted in Exhibits A and B)
2002 Tax (Code 598/Measure K)
OLD NEW TAX CODE AREA INSTALL #1 INSTALL #2
0541054000 005410066 52201 $12 $12
0541055000 005410066 52201 $12 $12
0549015000 000549046 52201 $12 $12
0549015000 000549047 52201 $12 $12
037050035000 52201 $12 $12
037060006000 52201 $12 $12
037060075000 52201 $12 $12
037060009000 52201 $12 $12
037060010000 52201 $12 $12
037060011000 52201 $12 $12
035230036000 52201 $12 $12
035230035000 52201 $12 $12
035230033000 52201 $12 $12
036301036000 52201 $12 $12
036301067000 52201 $12 $12
036301068000 52201 $12 $12
036301038000 52201 $12 $12
036301039000 52201 $12 $12
036301040000 52201 $12 $12
036301035000 52201 $12 $12
(As submitted in Exhibits A and B)
1986 Tax - Code/306
OLD NEW TAX CODE AREA INSTALL #1 INSTALL #2
0541054000 005410066 52202 6.00 6.00
0541055000 005410066 52202 6.00 6.00
0549015000 000549046 52202 6.00 6.00
0549015000 000549047 52202 6.00 6.00
037050035000 52202 6.00 6.00
037060006000 52202 6.00 6.00
037060075000 52202 6.00 6.00
037060009000 52202 6.00 6.00
037060010000 52202 6.00 6.00
037060011000 52202 6.00 6.00
035230036000 52202 6.00 6.00
035230035000 52202 6.00 6.00
035230033000 52202 6.00 6.00
036301036000 52202 6.00 6.00
036301067000 52202 6.00 6.00
036301068000 52202 6.00 6.00
036301038000 52202 6.00 6.00
036301039000 52202 6.00 6.00
036301040000 52202 6.00 6.00
036301035000 52202 6.00 6.00
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: June 8, 2022 Agenda Item No. 15
Subject: Consideration of Resolution No. 2022-45: A
Resolution of the City Council of the City of Nevada City Requesting the Nevada County Board of Supervisors to
Authorize the County Auditor-Controller and the County Tax Collector to Levy and Collect Delinquent Sewer and/or Water Service Charges Against Certain Properties within the City of Nevada City
From: Victoria Knoll, Chief Financial Officer
Date: May 25, 2022
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Adopt the resolution
ISSUE STATEMENT AND DISCUSSION:
Health and Safety Code Section 5473 authorizes the City to place delinquent sewer and/or water service charges on the tax roll for collection after the approval by a two-thirds vote by the members of the city’s legislative body. This is done in the same manner as property taxes are handled. The city uses this option for sewer and/or water accounts where service cannot be discontinued as a collection method. The county’s distribution of tax revenues is non-teetered for FY 22/23 and the city will receive payment on delinquent sewer and/or water bills that are placed on the tax roll even if a property owner does not pay the tax bill.
The method is very effective and allows the city to collect charges from customers that have not made payment.
All affected property owners have been notified as required by the Health and Safety Code. Any amounts received from customers prior to submitting this request will be removed from the list.
FINANCIAL AND/OR POLICY IMPLICATIONS:
This action will provide the city with the ability to be reimbursed for services provided. The total delinquent amount as of May 15 is $55,492.89.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable
ATTACHMENTS:
Resolution 2022-45
Exhibit “A” Delinquent Charges
RESOLUTION 2022-45
A RESOLUTION REQUESTING THE NEVADA COUNTY BOARD OF SUPERVISORS TO
AUTHORIZE THE COUNTY AUDITOR-CONTROLLER AND THE COUNTY TAX
COLLECTOR TO LEVY AND COLLECT DELINQUENT SEWER AND/OR WATER
SERVICE CHARGES AGAINST CERTAIN PROPERTIES
WITHIN THE CITY OF NEVADA CITY
WHEREAS, the City of Nevada City has submitted bills to certain property owners for sewer and/or water charges assessed in accordance with Nevada City Municipal Code Chapter 13.12; and WHEREAS, the recipients of sewer and/or water services applicable to those charges have not made payment; and
WHEREAS, the California Health and Safety Code Section 5473 authorizes a city to place delinquent sewer and/or water charges on the tax roll after the approval by a two-thirds vote by the members of the legislative body;
NOW, THEREFORE, BE IT RESOLVED by the council of the City of Nevada City, as follows:
1. That the Nevada County Board of Supervisors is hereby requested to authorize the Nevada County Tax Collector to levy and collect unpaid sewer and/or water charges in the amount and against the parcel and owners of record as set forth in Exhibit “A” attached hereto and incorporated herein by reference.
2. Exhibit “A” represents charges that are 180 days or more delinquent as of May 25, 2022.
Exhibit “A” is subject to deletion for owners rendering payment prior to submitting to the County.
3. That the City Council understands that costs for this service will be charged in accordance with the “Standard Form Tax Collection Services” contract between the City of Nevada City and the County of Nevada.
PASSED AND ADOPTED at a specially scheduled meeting of the Nevada City City Council held on this 8th day of June 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Duane Strawser, Mayor
ATTEST:
Niel Locke, City Clerk
EXHIBIT A
City of Nevada City ‐ Delinquent Water and Sewer
# Account Type Street # Street Name‐
SVS Address First Name Last Name Srvc Type TOTAL Route Status APN 5 Hey0004 Owner 320 Adams St. Murray Heywood Water $1,235.71 010‐2650 Active 005‐430‐420 14 Ric0014 Owner 230 American
Hill Rd. Scott Rice Water $1,240.91 020‐2480 Active 005‐094‐110 10 Dew0001 Owner 254 Boulder St. Charlotte Dewar Water $6,525.08 010‐3430 Active 005‐420‐450 15 dav0020 Owner 620
Chief Kelly
Rd.
Clark and
Darby Davenport Water $791.75 020‐2840 Active 005‐080‐430 6 Gar0009 Owner 342 Clay St. Lauren GARRISON Water $3,745.71 010‐3115 Active 005‐450‐046 16 Coa0003 Owner 315
Commercial
St. Kathleen Coates Sewer $1,493.80 040‐2210 Active 005‐397‐080 24 Sib0001 Owner 116 Cottage St. Robert Sibley Sewer $1,591.60 040‐1260 Active 005‐096‐160 20 For0007 Owner 508 Dean Ally Susan and
Leonard Forte Water $3,287.44 040‐0630 Active 005‐350‐200 23 Bro0034 Owner 561 E Broad St. Amy & Carla Brooks &
Smith Sewer $2,536.29 040‐1170 Active 005‐073‐040
7 Ros0010 Owner 7 Galena Way Irene Rosen Water $1,723.13 010‐303005 Active 005‐490‐330 4 Hey0003 Owner 303 Long Ave. Murray Heywood Water $1,205.04 010‐2650 Active 05‐430‐42 8 Gar0010 Owner 343 Long St. Mica Garrison Water $1,678.67 010‐3115 Active 005‐450‐046 9 Lab0002 Owner 341 Long St. Barry Laberage Water $938.42 010‐3120 Active 005‐450‐320 19 Fir0001 Owner 300 Main St. First Baptist
Church Water $1,966.91 040‐037 Active 005‐391‐010
25 Bra0023 Owner 405 N. Pine St.
Doub &
Laurie
Bratt &
Bethell Sewer $1,675.78 040‐2030 Active 005‐096‐030
21 She0021 Owner 144 Orchard St. Stephen Sheppard Water $4,338.01 040‐1100 Active 005‐040‐270 22 Vau0002 Owner 121 Orchard St. John Vaughan Sewer $1,296.59 040‐1140 Active 005‐060‐150 2 Par0004 Owner 202 Park Ave. Sandra Pardini Water $1,125.90 010‐1590 Active 005‐420‐040 1 Man0007 Owner 303 Park Ave.
Brian &
Bianca Manifor Water $1,165.18 010‐1550 Active 005‐420‐210 3 Mon0006 Owner 219 Prospect St.
Monticello
LLC Water $631.08 010‐1920 Active 005‐430‐210
18 Bra0020 Owner 515
Sacramento
St. Brooke Brady Water $2,827.09 130‐2790 Active 005‐180‐680 13 Poe0003 Owner 623 Spring St.
Mollie and
Declan
Poe and
Hickey Water $1,975.92 020‐2200 Active 005‐094‐010
11 Gat0001 Owner 434 Uren St. Star Begay Gates Water $1,030.81 040‐1960 Active 005‐350‐420 12 Rec0001 Owner 449 Washington
St.
Mrs. John M. Rector Water $1,160.81 020‐1050 Active 005‐370‐410 16 Spd0004 Owner 124 Zion St.
SPD
Market/R. Lenten Water $743.89 030‐0944 Active 005‐250‐650 17 Por0005 Owner 431 Zion St. Luke Porter Water $3,084.79 030‐1870 Active 005‐181‐080 $51,016.31
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: June 8, 2022 Agenda Item No. 16
Subject: Receive a Report on the Current and Proposed
Changes to the Citywide Fee Structure and Provide Direction to Staff for Inclusion of a Master Fee Schedule Resolution with the Fiscal Year 2022/23 Budget
From: Sean Grayson, City Manager
Date: June 3, 2022
Reviewed & Approved:
Recommended Action: Receive the report and provide staff direction.
ISSUE STATEMENT AND DISCUSSION:
The City has not published or routinely updated a comprehensive citywide fee schedule. The last citywide update to fees was conducted in 2017 and prior to that in 2011. With the exception of Parks and Recreation fees which have been updated annually, the City has not adopted fees by resolution of the City Council each year. Attached is a draft Master Fee Schedule that will be submitted as part of the fiscal year 2022/23 budget adoption process on June 22, 2022 for the City Council’s consideration. Staff seeks direction and input from the City Council on the fees and their adjustments.
City fees have varying enabling legislation. Some are simply adopted by resolution, others are adopted by resolution based upon a codified ordinance, and others are established within the ordinance language.
Based upon the enabling legislation not all fees can be changed by resolution of the City Council. The fees that can be changed by resolution with the fiscal year 2022/23 budget are highlighted in the attached document and include:
General Administration
These fees are recommended to increase to near the cost of providing the services. Photocopy/duplication fees have been expanded based upon the size and number of sides of printing to reflect increased costs.
Business License
Business License fees under the municipal code can be adjusted annually by the percentage change in the Consumer Price Index from the last setting of such rates as shown by the State of California Division of Labor Statistics & Research Consumer Price Index Calculator for the California CPI for Urban Wage Earners and Clerical Workers unless the city council otherwise directs. The index increased by 4.7% for 2021 and the recommended 2022/23 fees include this increase.
Animal Control
Animal Control services are provided by the City of Grass Valley under contract with sheltering provided by the Nevada City / Grass Valley Animal Shelter. The recommended fees for dog licensing increase to the City of Grass Valley rate for spayed or neutered animals and, per Nevada City Ordinance, the rate for unaltered animals is double the spayed or neutered rate.
Cannabis Tax
The Cannabis tax is voter approved tax not a fee. Most taxes, like property or sales tax, are not collected by the City but by the county or state. As Cannabis Tax is collected directly by the City it is listed in the Master Fee Schedule but cannot be changed in the same manner as fees. The Cannabis Tax as codified in Chapter 5.06 of the Nevada City Municipal Code allows the City Council to increase the Cannabis tax levied against various uses by resolution. Given the volatility of the cannabis market and that the City of Grass Valley will begin permitting sales in fiscal year 2022/23 staff does not recommend a change in the Cannabis tax rate currently. This should be revisited with the fee schedule annually with a specific report to the City Council should a rate increase be recommended.
City Hall Facility Use
These fees are largely recommended to remain the same with the exception of an added fee to rent Council Chambers and a change in the cleaning fee to reflect actual cost rather than a fixed amount.
Planning and Engineering
These fees were updated in 2017 with a time-on-task basis using hourly rates of employees performing the tasks but not the fully burdened rates. The recommended rates include at 10% increase for most fees.
Cannabis permitting and Wireless facility fees do not have a recommended change.
Fire Department
Fire and Emergency services are provided by the City of Grass Valley under contract with additional support for fire prevention and related activities coming from the Nevada City Fire Division Chief. The recommended fees the Fire Department largely increase to align with the City of Grass Valley although they are slightly lower than Grass Valley in most categories. Most of the recommended fees increases are approximately 5%.
Police Department
Of the Police Department fees that can change, most do not have a recommended increase as they are consistent with current costs of providing service. One new fee has been added to release vehicles from impound. The City incurs a cost in providing this release but has not had a fee structure for it in the past.
The recommended fee of $50 is aligned with regional law enforcement and impound yard costs.
Parks and Recreation
These fees have been updated annually by resolution of the City Council. The recommended fees remain unchanged from the currently adopted fees except for the addition of off-season facility rentals for the pool which is a new fee at 120% the regular season rental rate.
Water
Water fees that can change largely do not have a recommended increase. The connection fees will be revisited and indexed upward as a function of a future rate study. There is a recommended increase in late charges, door tag, and reconnection fees to represent the time of cost personnel to implement those activities.
Groupings of fees that cannot be changed by resolution as part of the fiscal year 2022/23 budget adoption are not highlighted in the attached document and include:
AB1600 (Development Impact Fees)
These fees are set based upon a separate City Council resolution. Staff intends to bring recommended changes to the AB1600 fee process for the City Council’s consideration with the adoption of the updated Capital Improvement Plan (CIP) in the fall of 2022 and that the fees will be adjusted by recommendation of the City Engineer with each adopted budget thereafter.
Parking and Vehicle Code Fines and Fees (Bail Schedule) These fees are set by Ordinance 2010-04 and codified in 10.28.610 of the Municipal Code. The fees are significantly below best practice amounts. Staff intends to bring an ordinance revision to the City Council in fiscal year 2022/23 that would allow these fees to be modified by City Council Resolution.
Parking/Meter Rates
These rates are set by separate City Council resolution. Upon completion of the Parking Demand and Needs Analysis staff will return to the City Council with a plan for parking expansion, metering, kiosk payment systems and rate adjustments.
Wastewater Fees
Wastewater (sewer) connection fees are established by Ordinance 90-06. The fees are significantly below the best practice amounts having not been changed in more than 30 years. Staff intends to bring an ordinance revision to the City Council in fiscal year 2022/23 that would allow these fees to be modified by City Council Resolution
Water Delivery and Wastewater Collection Rates
Water Delivery and Wastewater collection rates are established by the City Council through a Proposition 218 hearing process. Wastewater rates will be in the final year of adopted rate changes in fiscal year 2022/23 while water rates have not been change in more than 10 years. Upon completion of a Water / Wastewater infrastructure and operations assessment and the accounting for any newly developed projects staff will return to the City Council for direction on a rate study and future rate change implementation.
Transient Occupancy Tax (TOT)
The TOT Tax is voter approved tax not fee. Most taxes, like property or sales tax, are not collected by the City but by the county or state. As TOT is collected directly by the City it is listed in the Master Fee Schedule but cannot be changed in the same manner as fees. Changes to the TOT would require voter approval of a ballot initiative. The soonest such an initiative could occur would be on the June 2024 ballot.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The review of fees and direction provided to staff has not direct financial impact. Any proposed changes would be acted upon in the future by the City Council and the financial impact reflected at that time.
ENVIRONMENTAL CONSIDERATIONS:
None
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Draft FY22/23 Master Fee Schedule
California CPI for Urban Wage Earners and Clerical Workers
NEVADA CITY
MASTER FEE SCHEDULE
DRAFT REVIEW
JUNE 8, 2022
Fees that Can Change with the Fiscal Year 2022/23 Budget Adoption General Administration
Business License
Animal Control
Cannabis Tax
City Hall Facility Use
Planning and Engineering
Fire Department
Police Department
Parks and Recreation
Water
City of Nevada City Master Fee Schedule - Draft Review 22/23 1 General Administration
Item Current Rate Proposed Rate Authorization
Photocopy / Duplication / Reproduction on Paper 8 1/2" x 11" or smaller single sided $0.25 per page $0.35 per page Resolution 2017-15 Photocopy / Duplication / Reproduction on Paper 8 1/2" x 11" or smaller double sided New $0.60 per page 2022 Resolution Photocopy / Duplication / Reproduction on Paper 11" x 17" single sided New $0.50 per page 2022 Resolution Photocopy / Duplication / Reproduction on Paper 11" x 17" double sided New $0.85 per page 2022 Resolution Labor Cost for special services provided by City staff where special interests are served New Fully Burdened Rate 2022 Resolution Certification of documents New $9.00 per page 2022 Resolution Standard Appeal Fee of Staff Decision to the City Council (refunded if appelant prevails) $300 $345 Resolution 2017-15 Returned Check Fee $25 $25 Resolution 2017-15
Hang a Banner Over Zion Street $25 $25 Resolution 2017-85 Real Property Transfer Tax $0.275 per $500 transaction $0.275 per $500 transaction Ordinance 334 / 3.16.020 Franchise Fees Per individual contract Per individual contract Ordinance 2017-01 / 5.28.010 City of Nevada City Master Fee Schedule - Draft Review 22/23 2 Business License
Item Current Rate Proposed Rate Authorization
Business License 1 year less than 10 employees or no fixed location of business $117 + $4 state fee $123 + $4 state fee Ordinance 2015-12 / 17.77.081 Business License 1 year 10 or more employees $174 + $4 state fee $182 + $4 state fee Ordinance 2015-12 / 17.77.081 Business License 3 year less than 10 employees or no fixed location of business $334 + $4 state fee $351 + $4 state fee Ordinance 2015-12 / 17.77.081 Business License 3 year 10 or more employees $495 + $4 state fee $519 + $4 state fee Ordinance 2015-12 / 17.77.081 Home Occupation Permit $50 $123 Ordinance 2016-3 / 17.72.060 Business License Reissue or Duplicate Not set $25 Ordinance 2015-12 / 17.77.081 Business Lincense Late Fee $25 $25 Ordinance 2015-12 / 17.77.081 Horse Drawn Vehicle and Carriage Permit Not set $123 Ordinance 97.03 / 10.50.030 Horse Drawn Vehicle and Carriage Parking Fee $1000 annually $1000 annually Ordinance 97.03 / 10.50.200 Tobacco Retailer's License $100 annually $115 annually Ordinance 2006-03 / 5.32.080 City of Nevada City Master Fee Schedule - Draft Review 22/23 3 Animal Control
Item Current Rate Proposed Rate Authorization
Animal Control Capture Actual Cost of Capture Actual Cost of Capture Ordinance 92-10 / 6.12.030 Animal License Fee - Dog (spayed or neutered) $4 every 2 years $28 every 2 years Ordinance 92-10 / 6.16.020 Animal License Fee - Dog (unaltered) $4 every 2 years $56 every 2 years Ordinance 92-10 / 6.16.020 Animal License Fee - Replacement Dog Tag Not set $5 Ordinance 92-10 / 6.16.090 Kennel License Not set $123 Ordinance 92-10 / 6.20.010
Wild and Exotic Animal Permit Not set $123 Ordinance 92-10 / 6.28.040 Animal Control License or Capture Late Fee New $25 2022 Resolution City of Nevada City Master Fee Schedule - Draft Review 22/23 4 Cannabis Tax
Item Current Rate Proposed Rate Authorization
Cannabis Cultivation canopy space in facility that uses exclusively artificial lighting $4 per square foot annually $4 per square foot annually Ordinance 2018-11 / 5.06.040 Cannabis Cultivation canopy space in facility that uses combinantion natural and artificial lighting $3 per square foot annually $3 per square foot annually Ordinance 2018-11 / 5.06.040 Cannabis Cultivation canopy space in a facility that uses no artificial lighting $1 per square foot annuallly $1 per square foot annuallly Ordinance 2018-11 / 5.06.040 Cannabis Cultivation canopy space in a nursery $0.50 per square foot annually $0.50 per square foot annually Ordinance 2018-11 / 5.06.040 Cannabis Business Tax laboratory testing 2% of gross receipts 2% of gross receipts Ordinance 2018-11 / 5.06.040 Cannabis Business Tax dispensary or delivery 4% of gross receipts 4% of gross receipts Ordinance 2018-11 / 5.06.040 Cannabis Business Tax manufacturing, processing, distribution, other not described 4% of gross receipts 4% of gross receipts Ordinance 2018-11 / 5.06.040 City of Nevada City Master Fee Schedule - Draft Review 22/23 5 City Hall Facility Use
Item Current Rate Proposed Rate Authorization
Council Chambers Rental 4-Hours New $100 2022 Resolution Council Chamber Rental Cleaning Deposit $100 $100 Resolution 2017-15 Set-Up One Day Prior to Event Fee $25 $25 Resolution 2017-15 Clean-Up One Day After Event $25 $25 Resolution 2017-15 Cleaning Fee for Facility Left Unclean $30 per hour, loss of deposit Actual Cost, minimum $100 Resolution 2017-15 City Hall Lost Key $100 $100 Resolution 2017-15
City of Nevada City Master Fee Schedule - Draft Review 22/23 6 Planning and Engineering
Application Type Flat Fee / Deposit Rate Proposed Rate Authorization Tentative Parcel Map Deposit $595 + $385 per parcel $650 + $410 per parcel Ordinance 86-4 / 16.04.310 Tentative Final Map Deposit $1295 + $210 per parcel $1425 + $230 per parcel Ordinance 369 / 16.04.430 Planned Unit Development Deposit $10,000 $11,000.00 Resolution 2017-15 Lot Line Adjustment Deposit $750 $825.00 Resolution 2017-15 Reversion to Acreage Map Deposit $100 $110.00 Ordinance 369 / 16.04.960 Commerical Industrial Site Plan Deposit $2,000 $2,200.00 Resolution 2017-15 Conditional Use Permit Deposit $2,000 $2,200.00 Resolution 2017-15 Conditional Use Permit Ground Level Office in the General Business District Flat Fee $100 $100 Ordinance 2006-01 / 17.40.020 Second Dwelling Permit Flat Fee $250 $275 Resolution 2017-15 Minor Architectural Review: Like for Like Change Flat Fee $100 $110 Resolution 2017-15 Minor Architectural Review: <25% Residential Change Flat Fee $200 $220 Resolution 2017-15 Architectural Review: Non-Residential Flat Fee $1,000 $1,100 Resolution 2017-15 Architectural Review: >25% Residential Change Flat Fee $1,000 $1,100 Resolution 2017-15 Sign Review: Within the Historic District Flat Fee $200 $220 Resolution 2017-15 Sign Review: Not Within the Historic District Flat Fee $100 $110 Resolution 2017-15 Change of Occupancy Flat Fee $100 $110 Resolution 2017-15 Tree Removal: Staff Level Approval Flat Fee $100 $110 Resolution 2017-15 Tree Removal: Clearly Dead / Dying Flat Fee $0 $0 Resolution 2017-15 Tree Removal: Planning Commission Level Review Flat Fee $200 $220 Resolution 2017-15 Demolition: Accessory Structure Flat Fee $200 $220 Resolution 2017-15 Demolition: Primary Structure Flat Fee $750 $825 Resolution 2017-15 Zone Change / Pre-Zoning Deposit $2,000 $2,200 Resolution 2017-15 General Plan Amendment Deposit $2,000 $2,200 Resolution 2017-15 Specic Plans Deposit $2,000 $2,200 Resolution 2017-15
Environmental Review: NOE Deposit $200 $220 Resolution 2017-15 Environmental Review: IS, MND, ND Deposit $1,000 $1,100 Resolution 2017-15 EIR Preparation Deposit Actual consultant cost estimate paid at application Actual consultant cost estimate paid at application Resolution 2017-15 EIR, RFP and Processing Deposit $3,500 $3,850 Resolution 2017-15 Variance Deposit $750 + CEQA fee if not exempt $825 + CEQA Resolution 2017-15 Extension of Time Deposit $200 $200 Resolution 2017-15
Appeal Deposit $800 initial, billed after each $2000 interval $800 initial, billed after each $2000 interval Resolution 2017-15 Improvement Grading Plan: Plan Checking Deposit 1.5% of engineers estimate 1.5% of engineers estimate Resolution 2017-15 Improvement Grading Plan: TI Plan Check (commerical with exterior improvements) Deposit $100 initial deposit, 1.5% of engineers estimate $100 initial deposit, 1.5% of engineers estimate Resolution 2017-15 Improvement Grading Plan: TI Plan Check (residential or interior commercial) Deposit $50 $50 Resolution 2017-15 Improvement Grading Plan: Engineer Inspection Deposit $100 initial deposit, 4.5% of engineers estimate $100 initial deposit, 4.5% of engineers estimate Resolution 2017-15 Improvement Grading Plan: Planning Inspection Deposit $50 $60 Resolution 2017-15 Encroachment Permit Deposit $200 $350 Ordinance 2021-04 / 12.02.050 Formal Pre-Application Review Deposit $1,000 $1,100 Resolution 2017-15 Staff Consultation Flat Fee Actual Staff Time and Management Cost Actual Staff Time and Management Cost Resolution 2017-15 Map Check for Recordation: Final Map Deposit $750 $825 Resolution 2017-15 Map Check for Recordation: Parcel Map Deposit $250 $275 Resolution 2017-15 Easement or Road Abandonement Deposit $250 $275 Resolution 2017-15 Quit Claim Deed Processing Deposit $250 $275 Resolution 2017-15 Certificate of Compliance Deposit $500 $550 Resolution 2017-15 City of Nevada City Master Fee Schedule - Draft Review 22/23 7 Planning and Engineering (continued)
Application Type Flat Fee / Deposit Rate Proposed Rate Authorization After the Fact Application: Any Permit Identified Above With Fee Deposit 2x Permit + Staff Time and Management Cost 2x Permit + Staff Time and Management Cost Resolution 2017-15 After the Fact Application: Any Permit Identifed Without a Fee Deposit $70 + Staff Time and Manageement Cost $120 + Staff Time and Manageement Cost Resolution 2017-15 After the Fact Application: Zoning Ordinance Copy Not Applicable copy service not offered copy service not offered Available for Download After the Fact Application: Land Use Map Copy Not Applicable copy service not offered copy service not offered Available for Download Cannabis Business Application Deposit $5,000 $5,000 Resolution 2018-50 Medical Cannabis Business Application Deposit $1,500 $1,500 Resolution 2018-25 Cannabis Business Application - Additional Use Deposit $2,500 $2,500 Resolution 2018-50 Cannabis Business Renewal - For Each Use Flat Fee $2,000 $2,000 Resolution 2021-07 Wireless Facility Conditional Use Permit or Master Deployment Plan Fee Flat Fee $2,000 $2,000 Resolution 2019-62 Wireless Facility Conditional Use Permit or Master Deployment Plan Deposit Deposit $9,450 $9,450 Resolution 2019-62 Wireless Facility Administrative Permit Fee Flat Fee $500 $500 Resolution 2019-62 Wireless Faciity Administrative Permit Deposit Deposit $1,200 $1,200 Resolution 2019-62 In-Lieu Parking Fee Flat Fee $3,000 $3,000 Ordinance 97-01 / 17.112.050 Annexation Quimby - Parks/Recrecation Annexation Fee Flat Fee $880 per acre $880 per acre Ordinance 87-2 / 17.116.040 Fire Annexation Fee Flat Fee $856 per acre $856 per acre Ordinance 85-3 / 3.32.030 Sewer Annexation Fee Flat Fee $2,657 per-gallon, per-day capacity $2,657 per-gallon, per-day capacity Ordinance 85-3 / 3.32.030 City of Nevada City Master Fee Schedule - Draft Review 22/23 8 Fire Department
Fee Activity Current Rate Proposed Rate Authorization
Standard Inspection $93 hourly $95 hourly Resolution 2017-15 Residential / Child Care 1-12 $93 $100 Resolution 2017-15 Residential / Child Care >12 $184 $195 Resolution 2017-15 Inspections After Business Hours $184 hourly $195 hourly Resolution 2017-15 Special Inspections $184 hourly $195 hourly Resolution 2017-15 Fire Plan Review New Occupancy 1-2499 square feet $184 $195 Resolution 2017-15 Fire Plan Review New Occupancy 2500-4999 square feet $366 $420 Resolution 2017-15 Fire Plan Review New Occupancy 5000-9999 square feet $608 $625 Resolution 2017-15 Fire Plan Review New Occupancy 10000-24999 square feet $1,379 $1,447 Resolution 2017-15 Fire Plan Review New Occupancy 25000-39,999 square feet $1,841 $1,925 Resolution 2017-15 Fire Plan Review New Occupancy 40,000 and > square feet $2,305 $2,420 Resolution 2017-15 Fire Plan Review Existing Occupancy 1-2499 square feet $184 $195 Resolution 2017-15 Fire Plan Review Existing Occupancy 2500-4999 square feet $273 $287 Resolution 2017-15 Fire Plan Review Existing Occupancy 5000-9999 square feet $547 $574 Resolution 2017-15 Fire Plan Review Existing Occupancy 10000-24999 square feet $915 $961 Resolution 2017-15 Fire Plan Review Existing Occupancy 25000-39,999 square feet $1,104 $1,159 Resolution 2017-15 Fire Plan Review Existing Occupancy 40,000 and > square feet $1,379 $1,448 Resolution 2017-15 Fire Alarm System Plan Review New 1-9999 square feet $184 $195 Resolution 2017-15 Fire Alarm System Plan Review New 9999 and > square feet $273 $287 Resolution 2017-15 Fire Alarm System Plan Review Existing 1-999 square feet $93 $98 Resolution 2017-15 Fire Alarm System Plan Review Existing 999 and > square feet $184 $100 Resolution 2017-15 Hood Duct System Plan Review $184 $193 Resolution 2017-15 Spray Booth Suppresion Plan Review $230 $242 Resolution 2017-15 Fire Sprinkler System Plan Review New 1-49 heads $458 $481 Resolution 2017-15 Fire Sprinkler System Plan Review New 50-99 heads $550 $578 Resolution 2017-15 Fire Sprinkler System Plan Review New > 99 heads $646 $678 Resolution 2017-15 Fire Sprinkler System Plan Review Alteration or Add to Existing 1-49 heads $93 $100 Resolution 2017-15 Fire Sprinkler System Plan Review Alteration or Add to Existing > 49 heads $184 $195 Resolution 2017-15 Fire Sprinkler System Plan Review Residential $184 $195 Resolution 2017-15 Underground Supply Line for Fire Sprinkler Systems $184 $195 Resolution 2017-15 Hydrant Flow Test $139 per hydrant $145 per hydrant Resolution 2017-15 Hydrant Plan Review $285 $300 Resolution 2017-15
City of Nevada City Master Fee Schedule - Draft Review 22/23 9 Fire Department (continued)
Fee Activity Current Rate Proposed Rate Authorization
Subdivision or Other Site Design Approval Second Dwelling $230 $242 Resolution 2017-15 Subdivision or Other Site Design Approval 1-4 parcels $230 $242 Resolution 2017-15 Subdivision or Other Site Design Approval 5-9 parcels $230 $242 Resolution 2017-15 Subdivision or Other Site Design Approval > 9 parcels $458 $481 Resolution 2017-15 Subdivision or Other Site Design Approval Use Permit $93 $98 Resolution 2017-15 Subdivision or Other Site Design Approval Other Site Plan Submission $93 $98 Resolution 2017-15 Fuel Tank Installation Above or Below Ground First Tank $272 $286 Resolution 2017-15 Fuel Tank Installation Above or Below Ground Additional Tank $42 $44 Resolution 2017-15 Fuel Tank Removal Above or Below Ground First Tank $184 $193 Resolution 2017-15 Fuel Tank Removal Above or Below Ground Additional Tank $42 $44 Resolution 2017-15 Hazardous Materials Response Actual Cost Actual Cost Resolution 2017-15 Debris Burn Response Actual Cost Actual Cost Resolution 2017-15 Fire Alarm Activations 3rd and Subsequent in 12 months $128 + Actual Cost $128 + Actual Cost Resolution 2017-15 False Calls, Negligent Calls, Calls for Assistance from Care Facilities Actual Cost Actual Cost Resolution 2017-15 DUI Emergency Response Actual Cost Minimum $182 Actual Cost Minimum $182 Resolution 2017-15 Incident Report Actual Cost Minimum $10 Actual Cost Minimum $10 Resolution 2017-15 Investigation Report 1-10 pages $10 $10 Resolution 2017-15 Investigation Report 11-20 pages $20 $20 Resolution 2017-15 Investigation Report each page over 20 $1 $1 Resolution 2017-15 Photographs 8x10 with thumbnail $15 $15 Resolution 2017-15 Photo CD with pictures $25 $25 Resolution 2017-15
Yard Debris Removal Actual Cost Actual Cost Resolution 2017-15 Annual Permit Same As Inspection Fee Same As Inspection Fee Resolution 2017-15 Fire and Rescue Fee - Vehicle Accident Level 1 $435 $435 Ordinance 2009-01 / 3.39.070 Fire and Rescue Fee - Vehicle Accident Level 2 $495 $495 Ordinance 2009-01 / 3.39.070 Fire and Rescue Fee - Vehicle Accident Level 3 $605 $605 Ordinance 2009-01 / 3.39.070 Fire and Rescue Fee - Vehicle Accident Level 4 $1,800 $1,800 Ordinance 2009-01 / 3.39.070 Fire and Rescue Fee - Vehicle Accident Level 5 $2,100 $2,100 Ordinance 2009-01 / 3.39.070 Defensible Space Inspection New $100 2022 Resolution
City of Nevada City Master Fee Schedule - Draft Review 22/23 10 Police Department
Fee Activity Current Rate Proposed Rate Authorization
Civil Subpoena for Officer $275 $275 Government Code 68097.2b Daily Meter Rental $40 $40 Resolution 2017-15
Parking Permit $40 per month $40 per month Resolution 2020-11 Parking Meter Hourly Rate $0.50 per hour $0.50 per hour Resolution 2019-61 Police Report $10 for 5 pg. then $0.75 page $10 for 5 pg. then $0.75 page Resolution 2017-15 Transportation Permit Yearly $200 $200 Resolution 2017-15 Transportation Permit Daily $40 $40 Resolution 2017-15
Parking in Disabled $290 $290 Resolution 2017-15
Release Vehicle From Impound New $50 Resolution 2022
Notice of Violation Appeal $200 $200 Ordinance 2017-01 / 1.22.070 Administrative Ticket Conetest $10 $25 Resolution 2017-15 Alcohol Daily License Permit $10 per license $10 per license Resolution 2017-15 Fix-It Ticket Sign-Off $15 per infraction $15 per infraction Resolution 2017-15 Special Event Clearance $1,000 refundable $1,000 refundable Resolution 2017-15 Clearance Letter $20 $20 Resolution 2017-15
Local OWN Criminal History Review $20 $20 Resolution 2017-15 Vehicle Abatement $200 $225 Resolution 2017-15
Litter Fee $1 per item sold $1 per item sold Resolution 2017-15 Graffiti Removal $100/hour $100/hour Resolution 2017-15 Special Service Fee $50 deposit + cost $50 deposit + cost Resolution 2017-15 False Alarm Response Fee 1st occurence after notice $40 $40 Resolution 2017-15 False Alarm Response Fee 2nd occurence after notice $90 $90 Resolution 2017-15 False Alarm Response Fee 3rd and subsequent occurence $150 $150 Resolution 2017-15 DUI Investigation Report / Recovery $1.70 per minute $1.80 per minute Resolution 2017-15 City of Nevada City Master Fee Schedule - Draft Review 22/23 11 Parks and Recreation
Item Current Rate Proposed Rate Authorization
Public Swim: Child 1-17 years old $3.25 $3.25 Resolution 2021-05 Public Swim: Adult $4.25 $4.25 Resolution 2021-05
Public Swim: Senior (65 years and older) $2.25 $2.25 Resolution 2021-05 Public Swim: Infant (12 months and under) $2.25 $2.25 Resolution 2021-05 Public Swim: Military discount July 1-2 $1.00 $1.00 Resolution 2021-05 Adult Program Swim: Drop In $6.00 $6.00 Resolution 2021-05 Adult Program Swim: Puch Card (10 entries) $54.00 $54.00 Resolution 2021-05 Splash Bash Swim: During Public Swim (20 people) $88.00 $88.00 Resolution 2021-05 Off Season Facility Rental New 120% regular rate Resolution 2022 Private / School Pool Rental: 1-50 people $185.00 $185.00 Resolution 2021-05 Private / School Pool Rental: 51-100 people $238.00 $238.00 Resolution 2021-05 Private / School Pool Rental: 101-150 people $297.00 $297.00 Resolution 2021-05 Junior Lifeguard Program (3 day) $54.00 $54.00 Resolution 2021-05 Swimming Lessons: Group (8 day program) $77.00 $77.00 Resolution 2021-05 Swimming Lessons: Private 1 person (6 days) $155.00 $155.00 Resolution 2021-05 Swimming Lessons: Private 2 person $190.00 $190.00 Resolution 2021-05 Swimming Lessons: Private 3 person $225.00 $225.00 Resolution 2021-05 Season Swim Pass: Family Pass $285.00 $285.00 Resolution 2021-05 Season Swim Pass: Individual Adult $143.00 $143.00 Resolution 2021-05 Season Swim Pass: Individual Child $91.00 $91.00 Resolution 2021-05 Lifeguard Training: Full Class $195.00 $195.00 Resolution 2021-05 Lifeguard Training: Recertification Class $100.00 $100.00 Resolution 2021-05 Camp Fair Booth $50.00 $50.00 Resolution 2021-05
Summer Day Camp 20% of registration 20% of registration Resolution 2021-05 Online Recreation Processing Fee 6.10% of fee 6.10% of fee Resolution 2021-05 Refund Processing Fee 10% of refund 10% of refund Resolution 2021-05 City of Nevada City Master Fee Schedule - Draft Review 22/23 12 Parks and Recreation (continued)
Item Current Rate Proposed Rate Authorization
Seaman's Lodge Rental: Weekday More Than 5 Times Per Calendar Year (first 4 hours) $60 hourly $60 hourly Resolution 2021-05 Seaman's Lodge Rental: Weekday More Than 5 Times Per Calendar Year (additional hours) $20 hourly $20 hourly Resolution 2021-05 Seaman's Lodge Rental: Weekday Less Than 6 Times Per Calendar Year (first 4 hours) $85 hourly $85 hourly Resolution 2021-05 Seaman's Lodge Rental: Weekday Less Than 6 Times Per Calendar Year (additional hours) $20 hourly $20 hourly Resolution 2021-05 Seaman's Lodge Rental: Weekend Hourly (non-profit) $45 hourly $45 hourly Resolution 2021-05 Seaman's Lodge Rental: Weekend Hourly (private) $65 hourly $65 hourly Resolution 2021-05 Seaman's Lodge Rental: Weekend Daily (non-profit) $225 hourly $225 hourly Resolution 2021-05 Seaman's Lodge Rental: Weekend Daily (private) $325 hourly $325 hourly Resolution 2021-05 Firehouse No. 2 Rental: Weekday More Than 5 Times Per Calendar Year (first 4 hours) $50 hourly $50 hourly Resolution 2021-05 Firehouse No. 2 Rental: Weekday More Than 5 Times Per Calendar Year (additional hours) $15 hourly $15 hourly Resolution 2021-05 Firehouse No. 2 Rental: Weekday Less Than 6 Times Per Calendar Year (first 4 hours) $60 hourly $60 hourly Resolution 2021-05 Firehouse No. 2 Rental: Weekday Less Than 6 Times Per Calendar Year (additional hours) $15 hourly $15 hourly Resolution 2021-05 Rental Deposit: Credited to Rental Fee $25 $25 Resolution 2021-05 Rental Security Deposit $100 $100 Resolution 2021-05
Early or Late Set-Up / Clean-Up Fee $25 $25 Resolution 2021-05 Cleaning Rate $30/hour actual time $30/hour actual time Resolution 2021-05 Lost Key $100 $100 Resolution 2021-05
City of Nevada City Master Fee Schedule - Draft Review 22/23 13 Water Fees
Item Current Rate Proposed Rate Authorization
Water Installation new Actual Cost Actual Cost Ordinance 89-3 / 13.04.180 Water Connection Fee 5/8" $1,000 $1,000 Resolution 85-16 / 13.04.180 Water Connection Fee 3/4" $1,400 $1,400 Resolution 85-16 / 13.04.180 Water Connection Fee 1" $2,115 $2,115 Resolution 85-16 / 13.04.180 Water Connection Fee 1 1/2" $4,365 $4,365 Resolution 85-16 / 13.04.180 Water Connection Fee 2" $7,560 $7,560 Resolution 85-16 / 13.04.180 Water Connection Fee Multi-Family First Unit 5/8" $1,000 $1,000 Resolution 85-16 / 13.04.180 Water Connection Fee Multi-Family Each Additional Unit 5/8" $750 $750 Resolution 85-16 / 13.04.180 Water Connection Fee Multi-Family First Unit 3/4" $1,065 $1,065 Resolution 85-16 / 13.04.180 Water Connection Fee Multi-Family Each Additional Unit 3/4" $750 $750 Resolution 85-16 / 13.04.180 Water Connection Fee Multi-Family First Unit 1" $1,075 $1,075 Resolution 85-16 / 13.04.180 Water Connection Fee Multi-Family Each Additional Unit 1" $750 $750 Resolution 85-16 / 13.04.180 Water Connection Fee Multi-Family First Unit 1 1/2" $1,550 $1,550 Resolution 85-16 / 13.04.180 Water Connection Fee Multi-Family Each Additional Unit 1 1/2" $750 $750 Resolution 85-16 / 13.04.180 Water Connection Fee Multi-Family First Unit 2" $2,000 $2,000 Resolution 85-16 / 13.04.180 Water Connection Fee Multi-Family Each Additional Unit 2" $750 $750 Resolution 85-16 / 13.04.180 Connection for Private Fire Protection (in addtion to water connection) $250 $250 Resolution 85-16 / 13.04.180 Private Fire Protection Monthly Standby Fee Meter Size 2" $7.50 $7.50 Resolution 85-16 / 13.04.180 Private Fire Protection Monthly Standby Fee Meter Size 3" $25 $25 Resolution 85-16 / 13.04.180 Private Fire Protection Monthly Standby Fee Meter Size 4" $26.25 $26.25 Resolution 85-16 / 13.04.180 Private Fire Protection Monthly Standby Fee Meter Size 6" $30 $30 Resolution 85-16 / 13.04.180 Private Fire Protection Monthly Standby Fee Meter Size 8" $37 $37 Resolution 85-16 / 13.04.180 Private Fire Protection Monthly Standby Fee Meter Size 10" $47 $47 Resolution 85-16 / 13.04.180 Utility Billing Late Fee $10 $25 Resolution 2022
Utility Billing Door Tag $25 $30 Resolution 2022
Utility Billing Reconnection $25 $50 Resolution 2022
City of Nevada City Master Fee Schedule - Draft Review 22/23 14
Fees that Cannot Change with the Fiscal Year 2022/23 Budget Adoption AB1600 (Development Impact Fees)
Parking and Vehicle Code Fines and Fees (Bail Schedule) Parking/Meter Rates
Wastewater Fees
Water Delivery and Wastewater Collection Rates
Transient Occupancy Tax (TOT)
City of Nevada City Master Fee Schedule - Draft Review 22/23 15 Facility Improvement Fees
AB1600
SINGLE FAMILY RESIDENTIAL FEE
Administration $ 101.62
Police $ 589.35
Roads $ 3,073.98
Drainage $ 983.60
Fire $ 205.02
Sewer $ 1,652.54
Water (does not apply if in NID) $ 2,810.75
Recreation $ 918.09
MULTI FAMILY RESIDENTIAL FEE
Administration $ 83.33
Police $ 483.27
Roads $ 2,520.66
Drainage $ 806.55
Fire $ 168.12
Sewer $ 1,355.08
Water (does not apply if in NID) $ 2,304.42
Recreation $ 753.25
NON-RESIDENTIAL Industrial Warehouse Retail <50k Retail>50k AB1600 FEE BY SERVICE $ PER FT. $ PER FT. $ PER FT. $ PER FT.
Administration 0.00006 0.00004 0.00041 0.00078
Police 0.00036 0.00023 0.00237 0.00453
Roads 0.01031 0.00908 0.03878 0.07426
Drainage 0.00348 0.00343 0.00180 0.00344
Fire 0.00012 0.00008 0.00082 0.00158
Sewer 0.00100 0.00066 0.00664 0.01272
Water (does not apply if in NID) 0.00170 0.00112 0.01129 0.02163 Recreation 0.00056 0.00037 0.00369 0.00706
TOTAL $ PER SQUARE FOOT 0.01760 0.01500 0.06580 0.12600 NON-RESIDENTIAL Industrial Warehouse Retail <50k Retail>50k NID WATER PER SQ FT $ PER FT. $ PER FT. $ PER FT. $ PER FT.
Administration 0.0001 0.0000 0.0004 0.0008
Police 0.0004 0.0002 0.0021 0.0045
Roads 0.0103 0.0092 0.0343 0.0744
Drainage 0.0035 0.0035 0.0016 0.0034
Fire 0.0001 0.0001 0.0007 0.0016
Sewer 0.0010 0.0007 0.0059 0.0127
Recreation 0.0006 0.0004 0.0033 0.0071
TOTAL $ PER SQUARE FOOT 0.0158 0.0140 0.0482 0.1046
Facility Improvement Fees
Regional Transportation Fee
Cost Per Trip Residential $485.40
Cost Per Trip Commercial $85.72
Regional Transportation Fee applied per Regional Transportation Mitigation Fee Calculation Form Resolution 2022-24 / 16.08.010 Per Council Resolution
Authorization
Ordinance 92-02 / 3.36.020
Escalator
Per Council Resolution
Authorization Escalator
City of Nevada City Master Fee Schedule - Draft Review 22/23 16 Vehicle Code Fees Escalator
Violations and Bail None / Set By Ordinance
Citation Bail Delinquent Bail Delinquent With DMV hold
Handicapped Parking $273.00 $338.00 $363.00 + 3.00
Parking - Red Zone $38.00 $68.00 $98.00 + 3.00
Parking - Yellow Zone $38.00 $68.00 $98.00 + 3.00
Parking - White Zone $38.00 $68.00 $98.00 + 3.00
Parking - Green Zone $38.00 $68.00 $98.00 + 3.00
Posted No Parking $38.00 $68.00 $98.00 + 3.00
Blocking Crosswalk $33.00 $58.00 $83.00 + 3.00
Blocking Driveway $33.00 $58.00 $83.00 + 3.00
On Sidewalk $33.00 $58.00 $83.00 + 3.00
Double Parked $33.00 $58.00 $83.00 + 3.00
Over 18 in. from Curb $33.00 $58.00 $83.00 + 3.00
Facing Wrong Way $33.00 $58.00 $83.00 + 3.00
Parked in Traffic Lane $33.00 $58.00 $83.00 + 3.00
Meter Parking Overtime $33.00 $58.00 $83.00 + 3.00
Wheel Cramp $33.00 $58.00 $83.00 + 3.00
Permit Parking $33.00 $58.00 $83.00 + 3.00
Fire Hydrant $33.00 $58.00 $83.00 + 3.00
Overtime Parking $33.00 $58.00 $83.00 + 3.00
Parking Out of Space $33.00 $58.00 $83.00 + 3.00
Use of Street Storage $38.00 $68.00 $98.00 + 3.00
Expired Registration Tags $33.00 $88.00 $123.00 + 3.00
All Other Violations $33.00 $58.00 $83.00 + 3.00
Authorization
Ordinance 2010-04 / 10.28.610
Delinquent Bail (if Bail not Paid within 15 days of date of citation) City of Nevada City Master Fee Schedule - Draft Review 22/23 17 Wastewater (Sewer) Fees
Item Current Rate Proposed Rate Authorization Escalator Sewer Installation Actual Cost Actual Cost Ordinance 84-14 / 13.08.040 Set By Ordinance Sewer Connection Single Family Home $1,230 $1,230 Ordinance 90-06 Set By Ordinance Sewer Connection Duplex $1,900 $1,900 Ordinance 90-06 Set By Ordinance Sewer Connection Apartment (includes first two units) $1,900 $1,900 Ordinance 90-06 Set By Ordinance Sewer Connection Apartment Each Unit in Excess of Two $470 $470 Ordinance 90-06 Set By Ordinance Sewer Connection Condominium (includes first two units) $2,215 $2,215 Ordinance 90-06 Set By Ordinance Sewer Connection Condominium Each Unit in Excess of Two $630 $630 Ordinance 90-06 Set By Ordinance Sewer Connection Hotel/Motel/Bed&Breakfast (includes first two units) $1,900 $1,900 Ordinance 90-06 Set By Ordinance Sewer Connection Hotel/Motel/Bed&Breakfast Each Unit in Excess of Two $185 $185 Ordinance 90-06 Set By Ordinance City of Nevada City Master Fee Schedule - Draft Review 22/23 18 Wastewater (Sewer) Collection Rates
Item Current Rate Proposed Rate Authorization
Wastewater Fixed Fee January 1, 2022 monthly $54.70 monthly $54.70 monthly Resolution 2018-74 Wastewater Fixed Fee January 1, 2023 monthly $9.46 per 1,000 gallons $9.46 per 1,000 gallons Resolution 2018-74 Waste Water Flow Charge January 1, 2022 $58.13 monthly $58.13 monthly Resolution 2018-74 Waste Water Flow Charge January 1, 2023 $10.05 per 1,000 gallons $10.05 per 1,000 gallons Resolution 2018-74 City of Nevada City Master Fee Schedule - Draft Review 22/23 19 Water Delivery Rates
Item Current Rate Proposed Rate Authorization Escalator Water Flat Fee 5/8" Connection $24 monthly $24 monthly Ordinance 79-2 / 13.04.040 Per Council Resolution Water Flat Fee 3/4" Connection $35 monthly $35 monthly Ordinance 79-2 / 13.04.041 Per Council Resolution Water Flat Fee 1" Connection $59 monthly $59 monthly Ordinance 79-2 / 13.04.042 Per Council Resolution Water Flat Fee 2" Connection $194 monthly $194 monthly Ordinance 79-2 / 13.04.043 Per Council Resolution Water Flow Fee Per 1,000 Gallons First 8,000 Gallons $2.39 monthly $2.39 monthly Ordinance 79-2 / 13.04.044 Per Council Resolution Water Flow Fee Per 1,000 Gallons After 8,000 Gallons $3.10 monthly $3.10 monthly Ordinance 79-2 / 13.04.045 Per Council Resolution City of Nevada City Master Fee Schedule - Draft Review 22/23 20 Transient Occupancy Tax (TOT)
Item Current Rate Proposed Rate Authorization
Transient Occupant Tax Hotel and Motel 10% of the rent charged 10% of the rent charged Ordinance 91-06 / 3.24.035 Transient Occupant Tax Short Term Rental 10% of the rent charged 10% of the rent charged Ordinance 2015-11 / 5.04.130 City of Nevada City Master Fee Schedule - Draft Review 22/23 21 State of California Office of the Director- Research Unit Department of Industrial Relations P.O. Box 420603, San Francisco, California 94142 http://www.dir.ca.gov/OPRL
CONSUMER PRICE INDEX – CALIFORNIA
Los Angeles-Long Beach-Anaheim, San Francisco-Oakland-Hayward, San Diego-Carlsbad, Riverside-San Bernardino-Ontario, United States City Average, 2021-2022 All Items
1982 - 1984 = 100
All Urban Consumers, percentage (%) change from previous year Year Month Californiaa Los Angeles
Long Beach
Anaheimb
San
Francisco
Oakland
Haywardb
San Diego
Carlsbadb
Riverside
San
Bernardino
Ontariob
U.S. City
Averageb
2021 January N/A 0.9% N/A 1.7% 2.2% 1.4%
2021 February 1.7% 1.0% 1.6% N/A N/A 1.7%
2021 March N/A 2.2% N/A 4.1% 3.6% 2.6%
2021 April 4.0% 3.6% 3.8% N/A N/A 4.2%
2021 May N/A 3.9% N/A 5.3% 5.9% 5.0%
2021 June 4.4% 4.0% 3.2% N/A N/A 5.4%
2021 July N/A 3.9% N/A 6.0% 6.5% 5.4%
2021 August 4.7% 4.0% 3.7% N/A N/A 5.3%
2021 September N/A 4.6% N/A 6.5% 6.8% 5.4%
2021 October 5.6% 5.4% 3.8% N/A N/A 6.2%
2021 November N/A 6.0% N/A 6.6% 7.9% 6.8%
2021 December 6.5% 6.6% 4.2% N/A N/A 7.0%
2021 Annual Average 4.2% 3.8% 3.2% 5.2% 5.8% 4.7%
2022 January N/A 7.5% N/A 8.2% 8.6% 7.5%
2022 February 7.4% 7.4% 5.2% N/A N/A 7.9%
2022 March N/A N/A N/A N/A N/A N/A
2022 April N/A N/A N/A N/A N/A N/A
2022 May N/A N/A N/A N/A N/A N/A
2022 June N/A N/A N/A N/A N/A N/A
2022 July N/A N/A N/A N/A N/A N/A
2022 August N/A N/A N/A N/A N/A N/A
2022 September N/A N/A N/A N/A N/A N/A
2022 October N/A N/A N/A N/A N/A N/A
2022 November N/A N/A N/A N/A N/A N/A
2022 December N/A N/A N/A N/A N/A N/A
2022 Annual Average N/A N/A N/A N/A N/A N/A
Date of last update: 4/13/2022
a Weighted average of the consumer price indexes for Los Angeles-Long Beach-Anaheim, San FranciscoOakland-Hayward, San Diego-Carlsbad, and Riverside-San Bernardino-Ontario. A conversion factor has been included for comparability of 2018 data with 2017 and prior years. Computed by the Department of Industrial Relations, Office of the Director - Research Unit from indexes issued by the U.S. Department of Labor. b Source: U.S. Department of Labor, Bureau of Labor Statistics. Beginning with the November 2017 data, indexes for San Diego-Carlsbad will be published bi-monthly on odd months only (January, March, May, etc.).
The Riverside-San Bernardino-Ontario indexes are on a December 2017 = 100 base and will be published bimonthly on odd months only (January, March, May, etc.).
State of California Office of the Director- Research Unit Department of Industrial Relations P.O. Box 420603, San Francisco, California 94142 http://www.dir.ca.gov/OPRL
CONSUMER PRICE INDEX – CALIFORNIA
Los Angeles-Long Beach-Anaheim, San Francisco-Oakland-Hayward, San Diego-Carlsbad, Riverside-San Bernardino-Ontario, United States City Average, 2021-2022 All Items
1982 - 1984 = 100
Urban Wage Earners and Clerical Workers, percentage (%) change from previous year Year Month Californiaa Los Angeles
Long Beach
Anaheimb
San
Francisco
Oakland
Haywardb
San Diego
Carlsbadb
Riverside
San
Bernardino
Ontariob
U.S. City
Averageb
2021 January N/A 1.1% N/A 2.5% 2.4% 1.6%
2021 February 2.1% 1.4% 1.8% N/A N/A 1.9%
2021 March N/A 2.7% N/A 4.5% 4.1% 3.0%
2021 April 4.4% 4.2% 4.1% N/A N/A 4.7%
2021 May N/A 4.5% N/A 5.6% 5.8% 5.6%
2021 June 5.0% 4.7% 4.3% N/A N/A 6.1%
2021 July N/A 4.5% N/A 6.5% 6.5% 6.0%
2021 August 5.3% 4.5% 4.9% N/A N/A 5.8%
2021 September N/A 4.8% N/A 7.2% 7.0% 5.9%
2021 October 6.0% 5.6% 5.2% N/A N/A 6.9%
2021 November N/A 6.4% N/A 7.2% 8.1% 7.6%
2021 December 7.0% 6.9% 5.5% N/A N/A 7.8%
2021 Annual Average 4.7% 4.3% 4.1% 5.8% 5.9% 5.3%
2022 January N/A 7.6% N/A 8.8% 8.5% 8.2%
2022 February 7.7% 7.3% 6.5% N/A N/A 8.6%
2022 March N/A N/A N/A N/A N/A N/A
2022 April N/A N/A N/A N/A N/A N/A
2022 May N/A N/A N/A N/A N/A N/A
2022 June N/A N/A N/A N/A N/A N/A
2022 July N/A N/A N/A N/A N/A N/A
2022 August N/A N/A N/A N/A N/A N/A
2022 September N/A N/A N/A N/A N/A N/A
2022 October N/A N/A N/A N/A N/A N/A
2022 November N/A N/A N/A N/A N/A N/A
2022 December N/A N/A N/A N/A N/A N/A
2022 Annual Average N/A N/A N/A N/A N/A N/A
Date of last update: 4/13/2022
a Weighted average of the consumer price indexes for Los Angeles-Long Beach-Anaheim, San FranciscoOakland-Hayward, San Diego-Carlsbad, and Riverside-San Bernardino-Ontario. A conversion factor has been included for comparability of 2018 data with 2017 and prior years. Computed by the Department of Industrial Relations, Office of the Director - Research Unit from indexes issued by the U.S. Department of Labor. b Source: U.S. Department of Labor, Bureau of Labor Statistics. Beginning with the November 2017 data, indexes for San Diego-Carlsbad will be published bi-monthly on odd months only (January, March, May, etc.).
The Riverside-San Bernardino-Ontario indexes are on a December 2017 = 100 base and will be published bimonthly on odd months only (January, March, May, etc.).
From: Dani Pletter
To: Public Comment
Cc: Kevin Dugan; Katy Pletter
Subject: Concerns with proposal for annexation
Date: Monday, June 6, 2022 3:40:24 PM
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Hello,
We received a notice that on Jun 8, 2022 at 6:30pm the planning commission (and/or city council) will hold a public hearing on the annexation of 43.5 acres, some of which adjoins our property at 353 Old Downieville Hwy, Nevada City. Our neighbor, Kevin Dugan has formulated a well-thought-out response and list of concerns and questions regarding this proposal that he has also sent to you today. As one of the houses that is already in Nevada City, but not currently serviced by city sewer, gas, cable, etc, we wanted to go on record as supporting his questions and concerns and also being interested in receiving answers to his questions.
Our concerns include everything that Mr. Dugan is raising, including, but not limited to his questions in relation to the feasibility and reality of the assumptions made about sewer/water/gas expansion in this area. We would like to know if those plans have been vetted, what the costs and responsibilities would be, and if those costs or requirements would even be legal, correct, or realistic based on the previous litigation related to the private system used by some of the neighbors, unknown availability, ownership, and capacity of that system, and the nature of the road here (built of boulders) making it difficult to trench.
If such concerns have not been properly vetted and answered without unknown costs and responsibilities being passed on to existing properties, we would also ask that this proposal be denied until these issues can be resolved.
Thank you,
-Dani & Katy Pletter
353 Old Downieville Hwy, Nevada City
[email protected]
From: Kevin Dugan
To: Public Comment
Cc: Duane Strawser; Erin Minett; Daniela Fernandez; Doug Fleming; Gary Petersen Subject: Letter of concern regarding #13 on the agenda for the City Council Meeting scheduled for 6/8/22 Date: Monday, June 6, 2022 3:26:20 PM
Attachments: Letter to City Council 6 6 22.pdf
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Good afternoon:
Attached is a letter of concern regarding the annexation proposal, #13 on the agenda. Please include this in the record and I will attend if I can.
I received an email from Commissioner Minett who suggested that I copy the Council as well.
I'd also like to thank Mr. Grayson for his kind and generous time today. I'm hopeful that more communication and problem solving can address our concerns, but I also wanted this attached letter of concern to be on record to establish a benchmark for the future if necessary.
Thank you.
Respectfully,
Kevin Dugan
--
Kevin J. Dugan, Ph.D.
Clinical and Forensic Psychologist
PSY 19569
Mailing Address: P.O. Box 664
Nevada City, CA 95959
Phone: 530-478-1031
Fax: 855-514-2818
PLEASE USE ONLY THIS EMAIL ADDRESS. THANK YOU.
1 Letter of Concern to Nevada City Council, June 6, 2020 re: Annexation Proposal for 15617 Old Downieville Highway and other ODH properties Memorandum of Concerns/Requests
Re: Proposed Annexing of 15617 Old Downieville Highway (ODH), NC CA 95959 Item #13 on the City Council Agenda for the June 8, 2022 meeting To: Nevada City Council
From: Kevin and Debbie Dugan
Date: June 6, 2022
Dear City Council Members:
My name is Kevin Dugan and wife Debbie Dugan and I live at the above address. This letter is to express our concerns about the proposed annexation of our property and make requests of this Council. We are concerned with the mixed messages coming from the City regarding issues that could significantly affect the finances and quality of life of ODH residents.
Below are our requests, in order of preference, followed by rationale.
REQUESTS
1. The City Council approve this annexation with the clear understanding and intent that the City is therefore responsible for providing city services such as water, natural gas and sewer, consistent with the legal advice given to the Nevada City Planning Commission by the City Attorney. This would mean that the infrastructure to provide these services to the affected properties defined in the Code would be installed and paid for by the City given its obligation to provide city services to properties that lie within city limits and/or that may be eventually annexed into city limits.
2. The City Council approve this annexation with the clear understanding and intent that affected properties are grandfathered in with regard to use of services not provided by the city at affected addresses such as continued use of propane and septic systems. This option assumes the City is unwilling to be responsible for the costs and installation of the necessary infrastructure to provide city services to the affected properties.
3. The City Council delay the consideration of this annexation proposal pending a more thorough evaluation regarding the proposal, in particular specifically defining who is responsible for the costs and installation of city services that would allow the affected properties to connect to these services if or when necessary.
4. The City Council denies the request to annex the affected ODH properties if the requests above are not acceptable.
2 Letter of Concern to Nevada City Council, June 6, 2020 re: Annexation Proposal for 15617 Old Downieville Highway and other ODH properties
RATIONALE
For ease of review and later reference, the following is presented in itemized, titled format.
HISTORY OF PRESENT ISSUE
At a recent Nevada City Planning Commission meeting, my wife Debbie and I brought up concerns about the lack of city services at our address, among others on the Old Downieville Highway (ODH), although, in principle, my wife and I are open to annexation without dispute depending on the answers to some questions. The main concerns pertain to the lack of access to city sewer and natural gas at our location and down the ODH. In my research, it appears the law is clear in that if a property is annexed, the City has an obligation to provide city services. The City Attorney sitting in on the last planning commission said this, using these terms. However, in communications with both the city planner and city engineer, we are being told verbally and in writing that they do not intend to extend the sewer and gas services to our address, and if the necessity to connect to either or both arises in the future, they would require the affected property owners to pay for the extension of these services on their own even though this is city infrastructure on city owned property. We received some of this communication after the city planning commission meeting even though all parties were sitting in the meeting and clearly heard the City Attorney state the City's obligations to provide city services if properties are required to connect to city services when the infrastructure to do so is unavailable.
POSSIBLE LITIGATION HISTORY
I have been informed by neighbors that there is a possible, related litigation history regarding the property address 407 ODH. I have not been able to confirm the factual accuracy of this history and tried looking into the case history/documents but the court online case lookup search function is not working at this time. My information is from a neighbor who knows this history and I will research this via other means to confirm. This litigation history reportedly related to a requirement from the City that the owners of 407 ODH connect to sewer at the their own expense (very expensive) given the established city sewer line was hundreds of yards (not feet) away, even though they had an installed septic system. They reportedly filed suit, prevailed and recapped their costs.
I regret that I have not been able to confirm this informal information regarding a possible litigation history given the short time available to prepare this letter. If this information is accurate, it likely establishes legal precedence relevant to the facts contained in this annexation proposal. I will be gathering information this previous plaintiff within a week or two. At the very least, it would be prudent for the City to research this legal history, and if the facts of the previous litigation apply to this matter, consider this carefully in analyzing the proposed annexation. Regardless, I have been communicating with neighbors that may or will be impacted by the eventual hookup to city services such as natural gas and/or the city sewer system to coordinate a group response to this issue if or as necessary. 3 Letter of Concern to Nevada City Council, June 6, 2020 re: Annexation Proposal for 15617 Old Downieville Highway and other ODH properties THE "PRIVATE" SEWER SYSTEM ON THE ODH
The city engineer stated that affected properties can hook up to a local "private" sewer system, with four properties currently connected. This private system is the one that was installed and discussed in the possible related litigation discussed above. To my knowledge, the engineer does not know who owns this private sewer system, has not contacted them with this proposal that other ODH properties will hook up to this system in the future, etc. I spoke with one of the owners (an experienced real estate developer) who informed me that this system may not have the capacity to handle additional multiple connections, and even if so, stated that the owners may not agree to have this extra load placed on this system. These owners may be open to proposals from the City, but no one has contacted them. The main point is that there have been no feasibility studies performed to explore whether hooking up to this private system is a viable solution.
EASY SOLUTIONS TO PROBLEMS IN PROPOSED ANNEXATION
Planned expansion of city services currently in place (request #1 above):
The city engineer stated in the Planning Commission meeting that the City plans to trench down the middle of the ODH in 2024 (maybe 2023) and extend the new water line but is NOT intending to also extend other city services. It is my understanding that with proper planning it is possible to install a sewer and gas line in this same trench. Please know the ODH is a narrow road with many large boulders under the pavement and it is unknown that another trench could be dug in the future to install sewer and gas services in the event of future septic system failure at one or more of the ODH properties that currently use septic systems. This same problem exists on the shoulders of the road as well, especially since there is limited shoulder space available as it is. It appears that a viable and reasonable solution to this issue is to design the already planned trenching for the new city water line to also accommodate/extend city sewer and natural gas services if property owners may or will be required to connect in the future.
We are curious how can the City justify its decision to not extend city services such as natural gas and sewer when the City is paying for the extension of city water down the ODH? The City's decision to extend city water services is an admission of its legal obligation to provide city services to properties within city limits. How is the City's obligation to provide services other than water optional when they are de facto acknowledging their legal obligations to provide city services by extending the city water services?
Grandfathering Affected Properties (request #2 above):
The City Attorney consulting during the planning commission meeting confirmed my statement that the option of "grandfathering" properties allowing continued use of propane and repair/replacement of septic systems as a viable option if necessary in the future (where natural gas and city sewer connections are not available). In my subsequent research I believe this falls within the "out of service" areas as specified in the Code. However, we received communication that it would be mandated that affected properties would have no choice but to connect to city services at the expense of the affected property owners in contradiction to the statements made 4 Letter of Concern to Nevada City Council, June 6, 2020 re: Annexation Proposal for 15617 Old Downieville Highway and other ODH properties by the City Attorney in the planning commission meeting. We understood this communication from the city planner and city engineer to say that this annexation proposal would require property owners to pay for and install city infrastructure down the ODH, on city property, for these city services. These mixed messages are concerning especially as I do not believe that the commissioners on the planning commission were aware of this data when they voted.
Our Request and Hope (requests 3 and 4 above):
ODH residents request and hope the City will work with us in a reasonable and mutually respectful fashion to resolve the issues raised in this letter. This annexation proposal is not a crisis, and raises issues regarding the costs and installation of city services to several ODH properties, not just ours at 15617 ODH. If requests 1 and 2 above are not acceptable, at a minimum, we request the City Council table this matter and refer the annexation proposal back to the city engineer and city planner for more research and communication with ODH residents in order to address and resolve the issues raised in this letter of concern (request 3 above). The city attorney should also be involved to make sure the proposal is in adherence with established Code and legal precedent after independently researching the possible litigation history that may have relevance to this annexation proposal. Our legal counsel will also be reviewing the details of this proposal as well with what I hope would be cooperative and mutually respectful resolution.
Should requests 1, 2, and 3 above be unacceptable to the City Council, we strongly request this annexation proposal be DENIED as written given the legal and community problems discussed in this letter of concern (related to request #4 above).
Thank you for considering this letter of concern. It is the sincere hope of my wife Deb, myself, and our ODH neighbors to work with the City in a cooperative, reasonable manner where all sides of these issues are problem-solved in an evidenced-based and informed manner in order to provide the City Council with all the information prior to voting on this annexation proposal. If requests 1 and 2 above are not acceptable to the Council, please consider that this proposed annexation is not a crisis, and can be tabled pending all involved participating in a collaborative, cooperative process to explore reasonable solutions (request 3). 5 Letter of Concern to Nevada City Council, June 6, 2020 re: Annexation Proposal for 15617 Old Downieville Highway and other ODH properties I can be reached at 530-277-5642 or by email at [email protected] if you need to reach me for any reason.
Thank you.
Respectfully,
_______________________
Kevin Dugan
Kevin J. Dugan, Ph.D.
Clinical and Forensic Psychologist
PSY 19569
Mailing Address: P.O. Box 664
Nevada City, CA 95959
From: Kevin Dugan
To: Public Comment
Subject: Request to be placed in the record for city council meeting on 6/8/22; re: annexation proposal of 15617 Old Downieville Hwy
Date: Wednesday, June 8, 2022 11:18:51 AM
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The below was sent to the city manager and city planner earlier today. Thank you.
Dear Sean and Amy:
Deb and I appreciate your service. Unfortunately neither of us can make the zoom city council meeting this evening. We wanted to suggest one possible solution to future connection problems and suggest that the City annex the private sewer system as well as the proposed properties down the ODH - that would solve future connection problems. One of the private system owners suggested this as an option. If possible, please share this brief email with the city council and include it in the record.
With gratitude, Kevin and Deb
--
Kevin J. Dugan, Ph.D.
Clinical and Forensic Psychologist
PSY 19569
Mailing Address: P.O. Box 664
Nevada City, CA 95959
Phone: 530-478-1031
Fax: 855-514-2818
PLEASE USE ONLY THIS EMAIL ADDRESS. THANK YOU.
From: Miriam Morris
To: Public Comment
Subject: Unagendized public comment: Pride flags
Date: Monday, June 6, 2022 3:04:23 PM
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Dear Council,
Thank you for approving the installation of the beautiful rainbow flags throughout town for the month of June.
Some detractors think this is an “us against them” action, yet when I see all those colorful banners, I see the message of open-heartedness and welcome.
Thank you.
Miriam Morris
Nevada City
From: Marilyn Tubbs
To: Public Comment
Subject: NEED help from Chamber - Direction - email or phone contact for Date: Wednesday, June 8, 2022 6:53:23 AM
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Hi Chamber - We are Main Street Antiques-Books attached to Firehouse Museum #1 i am assuming road work for now is finished/ and that by fall the remaining work be completed- BUT our location and the MUSEUM need help now in painting in front of our building red space so no parking there as it has been for the 40+ years we have been here.. If a truck of any size parks there - NO ONE not a soul can tell there’s any business open - totally blocks our building and same for museum - should we paint this area ourselves ?? think Museum going to do that - please have someone reply ASAP we need your help
Marilyn & Tom Tubbs