Nevada City City Council
June 22, 2022

Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY June 22, 2022 6:30 P.M.

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

Duane Strawser, Mayor
Erin Minett, Council Member Douglas Fleming, Vice Mayor Daniela Fernández, Council Member Gary Petersen, Council Member NOTICE TO THE PUBLIC: Please be advised that the Council Chambers are currently open to the public. This meeting is accessible to the public in person, via Zoom video conference, via YouTube, or on the local government cable channel 17. Individual City Council members may participate remotely in accordance with applicable open meeting law requirements. In-person meetings will be conducted in accordance with local and State Department of Public Health orders and guidance and requirements of the California Division of Occupational Safety and Health (CalOSHA).

The public is encouraged to participate or observe this meeting by:

1. Attending this meeting in person at the City of Nevada City Council Chambers located at 317 Broad Street Nevada City, California.

2. Attending this meeting via Zoom video conference by linking to the following site:
https://us02web.zoom.us/j/89009138474 or,
by telephone: Dial 1-669-900-9128 Webinar ID: 890 0913 8474

3. Observing this meeting live from the City of Nevada City YouTube channel at:
https://www.youtube.com/channel/UCXSQwrXtey12YIl3IbyGMYQ

4. Observe this meeting live from the local government cable channel 17 Public comments may be made:

1. In person: Live at the meeting. Members of the public desiring to speak on a matter appearing on the agenda should ask the Mayor for the opportunity to be heard when the item comes up for Council consideration. Comments for all agenda items are limited to a speaking time of three minutes.

2. Via Zoom: If you choose to join the City Council Meeting via Zoom video conference you will be able to utilize the “Raise Hand”. If joining by telephone: Dial 1-669-900-9128 Webinar ID: 890 0913 8474, dial *9 to “Raise Hand”. The Mayor will call on those who wish to speak at the appropriate time, not to exceed three minutes.

3. In writing: Email your comments to [email protected] Comments will be accepted until 7pm on the Monday prior to the meeting date. Comments will not be read during the City Council meeting (due to virtual participation option above), but will be forwarded to all Council Members prior to the City Council Meeting, so they have time to read them before to the meeting time. When sending an email it is extremely helpful to include the following:
• Full Name
• Address (specific or general, ie: resident in unincorporated Nevada City) • The item number that you are commenting on
Any writing that is a public record that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at City Hall, 317 Broad Street, Nevada City, California during normal business hours. Government Code § 54957.5(b)(1). Copies will also be provided at the appropriate meeting.

In compliance with the Americans with Disabilities Act of 1990, if you need special assistance to participate in this meeting, please contact the Deputy City Clerk at 530-265-0187 Extension 133. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].

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

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

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

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

PRESENTATIONS
Proclamation: Award Presentation to Duane Strawser Upon His Dedication to Nevada City and His Term as Mayor in 2021-2022
Proclamation: Award Presentation to Erin Minett Upon Her Dedication to Nevada City and Her Term as Mayor in 2020-2021
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 June 1, 2022 Special Meeting
Recommended Action: Review and approve

2. Action Minutes June 8, 2022 Regular Meeting
Recommended Action: Review and approve

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

4. Consideration of Adoption of Resolution No. 2022-53: A Resolution of the City Council of the City of Nevada City Acknowledging the Report of Required Annual Inspections of Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code
Recommended Action: Adopt the resolution

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. 2022-54: A Resolution of the City Council of the City of Nevada City Amending Vehicles and Traffic Regulations by Establishing the Intersection of Searls Avenue and Argall Way as an Intersection Where a Stop is Required in all Directions of Travel Recommended Action: Adopt resolution

7. Consideration of Award of a Contract With Traffic Limited for Annual City Street Striping in an Amount Not-To-Exceed $17,957.28 and Authorize the City Manager to Execute any Contracts or Related Documents Recommended Action: Award the contract and authorize the City Manager to execute related documents

8. Consideration of Award of a Contract With PSCE to Remove and Dispose of the Existing Barn Building at Nevada City Public Works Yard in an Amount Not-To-Exceed $23,267.00 and Authorize the City Manager to Execute any Contracts or Related Documents
Recommended Action: Award the contract and authorize the City Manager to execute related documents

9. Award of Contract with PSCE in an Amount Not-To-Exceed $ 30,630 and Hardcore Construction in an Amount Not-To-Exceed $124,880 for Phase I and Phase II 2022 Sewer Improvements at Various Locations; Authorize a Project Contingency of 10%, Not-To-Exceed $15,551; and Authorize the City Manager to Execute any Contracts or Related Documents
Recommended Action: Award the contract, authorize the contingency, and authorize the City Manager to execute related documents

10. Consideration of Adoption of Resolution No. 2022-55: A Resolution of the City Council of the City of Nevada City Approving a Date Change Request for the Regular City Council Meetings in July 2022
Recommended Action: Adopt resolution

11. Second Reading and Adoption of Ordinance No. 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
Recommended Action: Hold second reading and adopt Ordinance 2022-08, approving the annexation of 43.5 acres of Nevada County territory into the City of Nevada City and prezoning 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.

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.

12. Conduct a Public Hearing on the City’s Fiscal Year 2022-2023 Proposed Annual Budget by:

Consideration of Resolution No. 2022-46: A Resolution of the City Council of the City of Nevada City Adopting Fiscal Year 2023-2023 Budget; and Consideration of Resolution No. 2022-47: A Resolution of the City Council of the City of Nevada City Adopting the Fiscal Year 2022-2023 Citywide Classification and Compensation Plan; and
Consideration of Resolution No. 2022-48: A Resolution of the City Council of the City of Nevada City Adopting the Fiscal Year 2022-2023 Citywide Master Fee Schedule; and
Consideration of Resolution No. 2022-49: A Resolution of the City Council of the City of Nevada City Certifying Compliance with the 2021-2022 Appropriations Limitation and Establishing the Appropriation Limitation for the 2022-2022 Fiscal Year Adopting the Appropriations Limit for Fiscal Year 2022-2022 Recommended Action: Conduct the public hearing and adopt the resolutions

BUSINESS

13. Consideration of Adoption of Resolution No. 2022-50: A Resolution of the City Council of the City of Nevada City Approving and Adopting the Comprehensive Memorandum of Understanding with the Nevada City Police Officer’s Association With a Term of July 1, 2022 Through June 30, 2025; and
Consideration of Adoption of Resolution No. 2022-51: A Resolution of the City Council of the City of Nevada City Approving and Adopting the Comprehensive Memorandum of Understanding with the Nevada City Management And Supervisory Employee’s With a Term of July 1, 2022 Through June 30, 2025; and Consideration of Adoption of Resolution No. 2022-52: A Resolution of the City Council of the City of Nevada City Approving and Adopting the Comprehensive Memorandum of Understanding with the Nevada City Miscellaneous Employee’s Association With a Term of July 1, 2022 Through June 30, 2025 Recommended Action: Adopt the resolutions

14. Consideration of Authorizing the City Manager to Develop and Implement an Interim Sidewalk Dining and Retail Permitting Process and a Trial Bollard Street Closure Schedule for Commercial Street Through September 30, 2022 Recommended Action: Discuss and authorize the City Manager to implement the related plans

15. Consideration of the Adoption of the Nevada City Street Sign Replacement Design Program
Recommended Action: Direct staff to replace street signs substantially in the style selected by the Planning Commission at their regular meeting held June 16, 2022

CITY MANAGER, COUNCILMEMBER REPORTS AND FUTURE AGENDA ITEMS

ADJOURNMENT
The meeting will adjourn at 9:30 P.M. unless a decision is made by motion of a Councilmember to extend the time.

Certification of Posting of Agenda
I, Gabrielle Christakes, Administrative Services Manager/Deputy City Clerk for the City of Nevada City, declares that the foregoing agenda for the June 22, 2022 Regular Meeting of the Nevada City City Council was posted June 17, 2022 at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.

Signed June 17, 2022 at Nevada City, California
____________________________________________________________ Gabrielle Christakes, Administrative Services Manager/Deputy City Clerk Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY June 22, 2022 6:30 P.M.

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

Duane Strawser, Mayor
Erin Minett, Council Member Douglas Fleming, Vice Mayor Daniela Fernández, Council Member Gary Petersen, Council Member NOTICE TO THE PUBLIC: Please be advised that the Council Chambers are currently open to the public. This meeting is accessible to the public in person, via Zoom video conference, via YouTube, or on the local government cable channel 17. Individual City Council members may participate remotely in accordance with applicable open meeting law requirements. In-person meetings will be conducted in accordance with local and State Department of Public Health orders and guidance and requirements of the California Division of Occupational Safety and Health (CalOSHA).

The public is encouraged to participate or observe this meeting by:

1. Attending this meeting in person at the City of Nevada City Council Chambers located at 317 Broad Street Nevada City, California.

2. Attending this meeting via Zoom video conference by linking to the following site:
https://us02web.zoom.us/j/89009138474 or,
by telephone: Dial 1-669-900-9128 Webinar ID: 890 0913 8474

3. Observing this meeting live from the City of Nevada City YouTube channel at:
https://www.youtube.com/channel/UCXSQwrXtey12YIl3IbyGMYQ

4. Observe this meeting live from the local government cable channel 17 Public comments may be made:

1. In person: Live at the meeting. Members of the public desiring to speak on a matter appearing on the agenda should ask the Mayor for the opportunity to be heard when the item comes up for Council consideration. Comments for all agenda items are limited to a speaking time of three minutes.

2. Via Zoom: If you choose to join the City Council Meeting via Zoom video conference you will be able to utilize the “Raise Hand”. If joining by telephone: Dial 1-669-900-9128 Webinar ID: 890 0913 8474, dial *9 to “Raise Hand”. The Mayor will call on those who wish to speak at the appropriate time, not to exceed three minutes.

3. In writing: Email your comments to [email protected] Comments will be accepted until 7pm on the Monday prior to the meeting date. Comments will not be read during the City Council meeting (due to virtual participation option above), but will be forwarded to all Council Members prior to the City Council Meeting, so they have time to read them before to the meeting time. When sending an email it is extremely helpful to include the following:
• Full Name
• Address (specific or general, ie: resident in unincorporated Nevada City) • The item number that you are commenting on
Any writing that is a public record that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at City Hall, 317 Broad Street, Nevada City, California during normal business hours. Government Code § 54957.5(b)(1). Copies will also be provided at the appropriate meeting.

In compliance with the Americans with Disabilities Act of 1990, if you need special assistance to participate in this meeting, please contact the Deputy City Clerk at 530-265-0187 Extension 133. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].

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

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

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

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

PRESENTATIONS
Proclamation: Award Presentation to Duane Strawser Upon His Dedication to Nevada City and His Term as Mayor in 2021-2022
Proclamation: Award Presentation to Erin Minett Upon Her Dedication to Nevada City and Her Term as Mayor in 2020-2021
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 June 1, 2022 Special Meeting
Recommended Action: Review and approve

2. Action Minutes June 8, 2022 Regular Meeting
Recommended Action: Review and approve

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

4. Consideration of Adoption of Resolution No. 2022-53: A Resolution of the City Council of the City of Nevada City Acknowledging the Report of Required Annual Inspections of Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code
Recommended Action: Adopt the resolution

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. 2022-54: A Resolution of the City Council of the City of Nevada City Amending Vehicles and Traffic Regulations by Establishing the Intersection of Searls Avenue and Argall Way as an Intersection Where a Stop is Required in all Directions of Travel Recommended Action: Adopt resolution

7. Consideration of Award of a Contract With Traffic Limited for Annual City Street Striping in an Amount Not-To-Exceed $17,957.28 and Authorize the City Manager to Execute any Contracts or Related Documents Recommended Action: Award the contract and authorize the City Manager to execute related documents

8. Consideration of Award of a Contract With PSCE to Remove and Dispose of the Existing Barn Building at Nevada City Public Works Yard in an Amount Not-To-Exceed $23,267.00 and Authorize the City Manager to Execute any Contracts or Related Documents
Recommended Action: Award the contract and authorize the City Manager to execute related documents

9. Award of Contract with PSCE in an Amount Not-To-Exceed $ 30,630 and Hardcore Construction in an Amount Not-To-Exceed $124,880 for Phase I and Phase II 2022 Sewer Improvements at Various Locations; Authorize a Project Contingency of 10%, Not-To-Exceed $15,551; and Authorize the City Manager to Execute any Contracts or Related Documents
Recommended Action: Award the contract, authorize the contingency, and authorize the City Manager to execute related documents

10. Consideration of Adoption of Resolution No. 2022-55: A Resolution of the City Council of the City of Nevada City Approving a Date Change Request for the Regular City Council Meetings in July 2022
Recommended Action: Adopt resolution

11. Second Reading and Adoption of Ordinance No. 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
Recommended Action: Hold second reading and adopt Ordinance 2022-08, approving the annexation of 43.5 acres of Nevada County territory into the City of Nevada City and prezoning 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.

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.

12. Conduct a Public Hearing on the City’s Fiscal Year 2022-2023 Proposed Annual Budget by:

Consideration of Resolution No. 2022-46: A Resolution of the City Council of the City of Nevada City Adopting Fiscal Year 2023-2023 Budget; and Consideration of Resolution No. 2022-47: A Resolution of the City Council of the City of Nevada City Adopting the Fiscal Year 2022-2023 Citywide Classification and Compensation Plan; and
Consideration of Resolution No. 2022-48: A Resolution of the City Council of the City of Nevada City Adopting the Fiscal Year 2022-2023 Citywide Master Fee Schedule; and
Consideration of Resolution No. 2022-49: A Resolution of the City Council of the City of Nevada City Certifying Compliance with the 2021-2022 Appropriations Limitation and Establishing the Appropriation Limitation for the 2022-2022 Fiscal Year Adopting the Appropriations Limit for Fiscal Year 2022-2022 Recommended Action: Conduct the public hearing and adopt the resolutions

BUSINESS

13. Consideration of Adoption of Resolution No. 2022-50: A Resolution of the City Council of the City of Nevada City Approving and Adopting the Comprehensive Memorandum of Understanding with the Nevada City Police Officer’s Association With a Term of July 1, 2022 Through June 30, 2025; and
Consideration of Adoption of Resolution No. 2022-51: A Resolution of the City Council of the City of Nevada City Approving and Adopting the Comprehensive Memorandum of Understanding with the Nevada City Management And Supervisory Employee’s With a Term of July 1, 2022 Through June 30, 2025; and Consideration of Adoption of Resolution No. 2022-52: A Resolution of the City Council of the City of Nevada City Approving and Adopting the Comprehensive Memorandum of Understanding with the Nevada City Miscellaneous Employee’s Association With a Term of July 1, 2022 Through June 30, 2025 Recommended Action: Adopt the resolutions

14. Consideration of Authorizing the City Manager to Develop and Implement an Interim Sidewalk Dining and Retail Permitting Process and a Trial Bollard Street Closure Schedule for Commercial Street Through September 30, 2022 Recommended Action: Discuss and authorize the City Manager to implement the related plans

15. Consideration of the Adoption of the Nevada City Street Sign Replacement Design Program
Recommended Action: Direct staff to replace street signs substantially in the style selected by the Planning Commission at their regular meeting held June 16, 2022

CITY MANAGER, COUNCILMEMBER REPORTS AND FUTURE AGENDA ITEMS

ADJOURNMENT
The meeting will adjourn at 9:30 P.M. unless a decision is made by motion of a Councilmember to extend the time.

Certification of Posting of Agenda
I, Gabrielle Christakes, Administrative Services Manager/Deputy City Clerk for the City of Nevada City, declares that the foregoing agenda for the June 22, 2022 Regular Meeting of the Nevada City City Council was posted June 17, 2022 at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.

Signed June 17, 2022 at Nevada City, California
____________________________________________________________ Gabrielle Christakes, Administrative Services Manager/Deputy City Clerk 1 CITY OF NEVADA CITY

ACTION MINUTES
SPECIAL CITY COUNCIL MEETING OF JUNE 01, 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.

SPECIAL MEETING – 5:00 PM - Call to Order

NISENAN TRIBE RECOGNITION
PLEDGE OF ALLEGIANCE:

Roll Call: Present: Mayor Strawser, Vice Mayor Fleming, Council Members Petersen, Fernández and Council Member Minett
PUBLIC COMMENT (Per Government Code Section 54954.3)
Please refer to the meeting video on the City’s website at www.nevadacityca.gov.

BUSINESS

1. Conduct a Workshop and Provide Discussion for the Development of the Fiscal Year 2022-2023 Budget and Schedule a Public Hearing for June 22, 2022 to Adopt the Budget Recommended Action: Conduct the workshop, discuss and provide consensus direction on the budget formation and public hearing.

ACTION: Direction to staff
CITY MANAGER AND COUNCIL MEMBER REPORTS: Verbal Reports Given ADJOURNMENT: - 7:06 PM

AYES:

NOES:

ABSTAIN:

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

ACTION MINUTES
REGULAR CITY COUNCIL MEETING OF JUNE 08, 2022
NOTE: This meeting is available to view on the City’s website www.nevadacityca.gov – Go to Quick Links and Click on Agendas & Minutes and find the Archived Videos in the middle of the screen. Select the meeting date and Click on Video to watch the meeting. For website assistance, please contact Gabrielle Christakes, Deputy City Clerk at (530) 265-2496, ext 133. - City Council Meetings are available on DVD. To order, contact City Hall - cost is $15.00 per DVD. - Closed Session Meetings are not recorded.

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

NISENAN TRIBE RECOGNITION
PLEDGE OF ALLEGIANCE:

Roll Call: Present: Mayor Strawser, Vice Mayor Fleming, Council Members Petersen, Minett

Absent: Fernàndez
ADOPTION OF THE AGENDA:

Action: Motion by Fleming, seconded by Minett to adopt the agenda as presented. (Approved 4-0, - Roll call votes ayes; Minett, Strawser, Petersen, Fleming PRESENTATIONS:

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 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
2 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 Right-of-Way”) of Title 12 (“Streets, Sidewalks and Public Places”) Regarding Resurfacing of Streets and Sidewalks 3 Recommended Action: Hold second reading and adopt ordinance Action: Motion by Petersen, seconded by Fleming to approve Consent Items 1-9.

Approved 4-0, - Roll call votes ayes; Strawser, Fleming, Minett and Petersen

PUBLIC HEARINGS

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 A-B:

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.

Action: Motion by Fleming, seconded by Minett to approve 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
Approved 4-0, - Roll call votes ayes; Strawser, Fleming, Minett and Petersen 4 BUSINESS

1. 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
Action: Motion by Petersen, seconded by Fleming to adopt Resolution No. 2022-43 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 approve Resolution 2022-44 Requesting the Nevada County AuditorController and Tax Collector to Collect Nevada City’s Special Tax (1986) for Fiscal Year 2022-2023 Approved 4-0, - Roll call votes ayes; Strawser, Fleming, Minett and Petersen

2. 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
Action: Motion by Minett, seconded by Petersen to adopt Resolution No. 2022-45 Authorizing 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 Approved 4-0, - Roll call votes ayes; Strawser, Fleming, Minett and Petersen

3. 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 AND COUNCILMEMBER REPORTS: Verbal report provided ADJOURNMENT: 8:04 PM
AYES:

NOES:

ABSTAIN:

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

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: June 22, 2022 Agenda Item No. 03
Subject:

Fire Activity Report – May 2022
From:

Sam Goodspeed, Division Chief
Date:

June 15, 2022
Reviewed & Approved: STG
Recommended Action:

Receive and File
ISSUE STATEMENT AND DISCUSSION:

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

FINANCIAL AND/OR POLICY IMPLICATIONS:

Not applicable.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable.

LEGAL REVIEW:

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

ATTACHMENTS:
 Outside Unit Responses to Nevada City
 Station 5 Incident Type Summary Report
 Station 5 Response by District
 City of Nevada City Incident Type Report
Basic Incident Date Time:

Basic Incident Zone/District Number (Fd1.32):

Apparatus Resource Id (Fd18.1):

Elite grsnev Outside Unit Responses to Nevada City
Total Responses Total Call Time in Minutes Average Time Spent on Call Apparatus Resource ID (FD18.1): B5112
1 5 5
Total: 1 Total: 5
Avg: 5.00
Apparatus Resource ID (FD18.1): B5113
2 60 30
Total: 2 Total: 60
Avg: 30.00
Apparatus Resource ID (FD18.1): Engine 84
12 309 26
Total: 12 Total: 309
Avg: 25.75
Apparatus Resource ID (FD18.1): Engine 86
3 75 25
Total: 3 Total: 75
Avg: 25.00
Apparatus Resource ID (FD18.1): Engine 88
1 2 2
Total: 1 Total: 2
Avg: 2.00
Apparatus Resource ID (FD18.1): Engine2362
1 49 49
Total: 1 Total: 49
Avg: 49.00
Apparatus Resource ID (FD18.1): Rescue 84
24 369 15
Total: 24 Total: 369
Avg: 15.38
Total: 44 Total: 869
Avg: 21.73
Report Criteria
Is Equal To Last Month
Is In 5 - Nevada City Stn 5, 5 - Station 5 - City, Nevada City Stn 5 Is Not In Batt 1, Batt 2, Batt 3, Brush 5, CPT11, Chief 1, Engine 1, Engine 2, Engine 201, Engine 202, Engine 205, Engine 5, OESE4104, OESE4609, P 2, P 3, P1, Squad 2, Truck 2, Utility 1, Utility 2, Utility 5, Utility 54 1 of 1 Printed On: 06/14/2022 08:38:28 AM
Basic Incident Type (Fd1.21):

Elite grsnev Station 5 Incident Type Report (Summary)
Basic Incident Type Code And
Description (FD1.21)
Total
Incidents
Total Incidents Percent of
Incidents
Total
Property
Loss
Total Content
Loss
Total Loss Total Loss Percent
of Total
Incident Type Category (FD1.21): 1 - Fire
111 - Building fire 1 1.04% 100,000.00 0.00 100,000.00 94.57% 113 - Cooking fire, confined to container 1 1.04% 200.00 200.00 0.19% 118 - Trash or rubbish fire, contained 1 1.04% 40.00 40.00 0.04% 131 - Passenger vehicle fire 1 1.04% 5,000.00 0.00 5,000.00 4.73% 141 - Forest, woods or wildland fire 1 1.04%
142 - Brush or brush-and-grass mixture
fire
1 1.04% 500.00 0.00 500.00 0.47%
151 - Outside rubbish, trash or waste fire 1 1.04% 0.00 0.00 0.00 0.00% Total: 7 Total: 7.29% Total:
105,700.00
Total: 40.00 Total:
105,740.00
Total: 100.00%
Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 311 - Medical assist, assist EMS crew 1 1.04%
321 - EMS call, excluding vehicle
accident with injury
43 44.79%
322 - Motor vehicle accident with injuries 4 4.17%
323 - Motor vehicle/pedestrian accident
(MV Ped)
1 1.04%
324 - Motor vehicle accident with no
injuries.
2 2.08%
352 - Extrication of victim(s) from vehicle 1 1.04%
Total: 52 Total: 54.17% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 412 - Gas leak (natural gas or LPG) 1 1.04%
463 - Vehicle accident, general cleanup 1 1.04%
Total: 2 Total: 2.08% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 5 - Service Call
551 - Assist police or other governmental
agency
1 1.04%
553 - Public service 1 1.04%
554 - Assist invalid 6 6.25%
561 - Unauthorized burning 1 1.04%
Total: 9 Total: 9.37% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 6 - Good Intent Call
611 - Dispatched and cancelled en route 10 10.42%
6111 - Monitoring of call only 2 2.08%
651 - Smoke scare, odor of smoke 1 1.04%
Total: 13 Total: 13.54% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 7 - False Alarm & False Call 715 - Local alarm system, malicious false
alarm
1 1.04%
733 - Smoke detector activation due to
malfunction
2 2.08%
735 - Alarm system sounded due to
malfunction
3 3.13%
743 - Smoke detector activation, no fire -
unintentional
2 2.08%
744 - Detector activation, no fire -
unintentional
1 1.04%
745 - Alarm system activation, no fire -
unintentional
4 4.17%
Total: 13 Total: 13.54% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Total: 96 Total: 100.00% Total:
105,700.00
Total: 40.00 Total:
105,740.00
Total: 100.00%
Report Criteria
Is Not Blank
1 of 2 Printed On: 06/14/2022 08:04:24 AM
Apparatus Resource Id (Fd18.1):

Basic Incident Date - Derived (Fd1.3):

Is In Brush 5, Chief 5400, Engine 5, Utility 5
Is Equal To Last Month
2 of 2 Printed On: 06/14/2022 08:04:24 AM
Apparatus Resource Id (Fd18.1):

Basic Incident Date - Derived (Fd1.3):

Elite grsnev Station 5 Response by District
Basic Incident Zone/District Number (FD1.32) Number of Incidents 1 1 - Station 1 - City 2
2 - Station 2 - City 22
5 - Station 5 - City 49
NCC 54 5
NCC 84 10
NCC 86 5
NCC 87 2
Ophir Hill 1
Report Criteria
Is In Brush 5, Chief 5400, Engine 5, Utility 5
Is Equal To Last Month
1 of 1 Printed On: 06/14/2022 08:04:32 AM
Basic Incident Zone/District Number (Fd1.32):

Basic Incident Postal Code (Fd1.19):

Basic Incident Date - Derived (Fd1.3):

Elite grsnev City of Nevada City Incident Type Report (Summary) Basic Incident Type Code And
Description (FD1.21)
Total
Incidents
Total Incidents Percent of
Incidents
Total Property
Loss
Total Content
Loss
Total
Loss
Total Loss Percent
of Total
Incident Type Category (FD1.21): 1 - Fire
113 - Cooking fire, confined to container 1 1.89% 200.00 200.00 28.57% 142 - Brush or brush-and-grass mixture
fire
1 1.89% 500.00 0.00 500.00 71.43%
Total: 2 Total: 3.77% Total: 700.00 Total: 0.00 Total:
700.00
Total: 100.00%
Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 311 - Medical assist, assist EMS crew 1 1.89%
321 - EMS call, excluding vehicle accident
with injury
32 60.38%
322 - Motor vehicle accident with injuries 1 1.89%
323 - Motor vehicle/pedestrian accident
(MV Ped)
1 1.89%
Total: 35 Total: 66.04% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 412 - Gas leak (natural gas or LPG) 1 1.89%
440 - Electrical wiring/equipment
problem, other
1 1.89%
463 - Vehicle accident, general cleanup 1 1.89%
Total: 3 Total: 5.66% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Incident Type Category (FD1.21): 5 - Service Call
554 - Assist invalid 5 9.43%
561 - Unauthorized burning 1 1.89%
Total: 6 Total: 11.32% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Incident Type Category (FD1.21): 6 - Good Intent Call
611 - Dispatched and cancelled en route 3 5.66%
Total: 3 Total: 5.66% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Incident Type Category (FD1.21): 7 - False Alarm & False Call 735 - Alarm system sounded due to
malfunction
1 1.89%
743 - Smoke detector activation, no fire -
unintentional
1 1.89%
745 - Alarm system activation, no fire -
unintentional
2 3.77%
Total: 4 Total: 7.55% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Total: 53 Total: 100.00% Total: 700.00 Total: 0.00 Total:
700.00
Total: 100.00%
Report Criteria
Is In 5 - Station 5 - City, Nevada City Stn 5
Is Equal To 95959
Is Equal To Last Month
1 of 1 Printed On: 06/14/2022 08:04:11 AM

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: June 22, 2022 Agenda Item No. 04
Subject: Consideration of Adoption of Resolution No. 2022- 53: A Resolution of the City Council of the City of Nevada City Acknowledging the Report of Required Annual
Inspections of Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code
From: Sam Goodspeed, Division Chief
Date:

June 15, 2022
Reviewed & Approved:

STG
Recommended Action: Adopt the resolution.

ISSUE STATEMENT AND DISCUSSION:

Health and Safety Code (HSC) sections 13146.2 and 13146.3 require fire departments to conduct inspections of specific occupancies once a year. HSC Section 13146.4 then requires those fire departments report annually to the City Council on its compliance with those sections. Appendix A to the attached resolution details the Nevada City Fire Department’s 2021/2022 inspections as required by HSC 13146.4.

FINANCIAL AND/OR POLICY IMPLICATIONS:

Not applicable.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable.

LEGAL REVIEW:

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

ATTACHMENTS:

Resolution No. 2022-53
RESOLUTION NO. 2022-53

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

ACKNOWLEDGING THE REPORT OF REQUIRED ANNUAL INSPECTIONS OF OCCUPANCIES PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE

CALIFORNIA HEALTH AND SAFETY CODE
WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 requires all fire departments, including the Nevada City Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards, as provided; and
WHEREAS, California Health & Safety Code Section 13146.4 requires all fire departments, including the Nevada City Fire Department, that provide fire protection services to report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3; and
WHEREAS, the Nevada City Fire Department has submitted a report in compliance with the requirements of California Health & Safety Code Section 13146.4 which is included herein as Appendix A; and
WHEREAS, the City Council of the City of Nevada City intends this Resolution to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the Nevada City Fire Department’s report prepared in compliance with California Health & Safety and Sections 13146.2 and 13146.3;
NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Nevada City hereby acknowledges receipt of the report from Nevada City Fire Department prepared in compliance with California Health & Safety Code Sections 13146.2 and 13146.3 as follows:

EDUCATIONAL GROUP E OCCUPANCIES: Total: 7
Educational Group E occupancies are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade.

During fiscal year 2021-2022, the Nevada City Fire Department inspected of all seven (7) Group E occupancies, buildings, structures and/or facilities. This is a compliance rate of 100% for this reporting period.

INSTITUTIONAL GROUP I OCCUPANCIES: Total: 4
Institutional Group I Occupancies, for the purposes of this resolution, are generally those occupancies in which people, cared for or living in a supervised environment and having physical limitations because of health or age are harbored for medical treatment or other care or treatment. Within the City of Nevada City, there lie four (4) Group I Occupancies, buildings, structures, and/or facilities.

During fiscal year 2021-2022, the Nevada City Fire Department performed the annual inspection of four (4) Group I Occupancies, buildings, structures and/or facilities. This is an inspection rate of 100% for this reporting period.

RESIDENTIAL GROUP R OCCUPANCIES: Total: Unknown
Residential Group R occupancies, for the purposes of this resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc. as well as other residential occupancies (including several residential care facilities). These residential care facilities have several different sub-classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility impairments, cognitive disabilities, etc. The residents may also be non-ambulatory or bedridden.

During fiscal year 2021-2022, the Nevada City Fire Department performed the annual inspection of one (1) Group R occupancies, buildings, structures and/or facilities. This is a compliance rate of ~2% for this reporting period.

PASSED AND ADOPTED at the regularly scheduled meeting of the Nevada City, City Council held on the 22nd day of June, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____
Duane Strawser, Mayor
ATTEST:

Niel Locke, City Clerk

NEVADA CITY FIRE DEPARTMENT

OFFICE OF FIRE PREVENTION AND INVESTIGATION
317 broad street, Nevada city ca 95959
For the Protection of Life and Property From Fire – Since 1860

APPENDIX A
EDUCATIONAL GROUP E OCCUPANCIES:

Educational Group E Occupancies are generally those public and private schools, used by more than six (6) persons at any one time for educational purposes through the 12th grade. Within the City of Nevada City, there are seven (7) Group E Occupancies, buildings, structures and/or facilities.

During calendar year 2021/2022, the Nevada City Fire Department performed the annual inspection of seven (7) Group E Occupancies, buildings, structures and/or facilities. This is an inspection rate of 100% for this reporting period.

INSTITUTIONAL GROUP I OCCUPANCIES:

Institutional Group I Occupancies, for the purposes of this resolution, are generally those occupancies in which people, cared for or living in a supervised environment and having physical limitations because of health or age are harbored for medical treatment or other care or treatment.

Within the City of Nevada City, there are four (4) Group I Occupancies, buildings, structures, and/or facilities.

During calendar year 2021/2022, the Nevada City Fire Department performed the annual inspection of four (4) Group I Occupancies, buildings, structures and/or facilities. This is an inspection rate of 100% for this reporting period.

RESIDENTIAL GROUP R OCCUPANCIES:

Residential Group R Occupancies, for the purposes of this resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more) as well as other residential occupancies. These residential care facilities have several different sub-classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility impairments, cognitive disabilities, etc. The residents may also be non-ambulatory or bedridden.

During calendar year 2021/2022, the Nevada City Fire Department performed the annual inspection of one (1) of an unknown number of Residential Group R Occupancies. This is an inspection rate of ~2% for this reporting period.

The Nevada City Fire Department has not historically conducted Residential Group R Occupancies inspections due to limited personnel and incomplete records regarding the number and location of these types of occupancies. In 2022 the department began the process of inventorying every parcel in the City and assigning Building Class Codes to each. Going forward the department will have a data base and the personnel to complete these inspections as intended by Health & Safety Code Sections 13146.2 and 13146.3.

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: June 22, 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 17, 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: June 22, 2022 Agenda Item No. 06
Subject: Consideration of Adoption of Resolution No. 2022-54:

A Resolution of the City Council of the City of Nevada City Amending Vehicles and Traffic Regulations by Establishing the Intersection of Searls Avenue and Argall Way as an Intersection Where a Stop is Required in all Directions of Travel.

From: Bryan McAlister, City Engineer
Ted Stec, Interim Police Chief
Date: June 3, 2022
Reviewed & Approved:

City Manager: STG
City Attorney:

Recommended Action: Adopt the resolution.

ISSUE STATEMENT AND DISCUSSION:

City Engineering, Public Works and Police Department staff identified the need for improved safety at the intersection of Searls Avenue and Argall Way. Staff recommends that this intersection be improved with the installation of two stop signs on Searls Avenue so that stops are required for all directions of travel.

The four-way stop is expected to advance a more orderly and safe flow of vehicular and pedestrian traffic within the intersection while also slowing vehicular traffic on Searls Avenue.

A review of the City’s Muncipal Code and State Vehicular Codes was conducted by City staff. The proposed improvements to the intersection comply with the applicable codes as further referenced in Resolution 2022-54 and summarized as follows:
• 10.28.030 - Stop intersections—Designation.
• 10.28.040 - Stop intersections—Signposting.
• California Vehicle Code Section 21352 and
• California Manual on Uniform Traffic Control Devices
Adoption of the resolution amends the City’s Vehicles and Traffic regulations by establishing the intersection of Searls Avenue and Argall Way as an intersection where a stop is required in all directions of travel; allows the City to provide the appropriate regulatory signage for the all direction stop; and allows enforcement of the new all-direction stop by the Police Department when all relevant actions are complete.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The intersection improvements consisting of installation of striping and signage will be completed by Public Works staff as authorized by fiscal year 2021/2022 General Fund appropriations for streets.

ENVIRONMENTAL CONSIDERATIONS:

None
ATTACHMENTS:

Resolution 2022-54
RESOLUTION 2022-54

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

AMENDING VEHICLES AND TRAFFIC REGULATIONS BYESTABLISHING

THE INTERSECTION OF SEARLS AVENUE AND ARGALL WAY AS AN

INTERSECTION WHERE A STOP IS REQUIRED IN ALL DIRECTIONS OF TRAVEL
WHEREAS, pursuant to the Nevada City Municipal Code, Section 10.28.030, “The city council, in order to eliminate dangerous traffic hazards, shall designate by resolution: A. Those streets or parts of streets which are through streets; B. Those entrances of other intersections where a stop is required"; and WHEREAS, the Nevada City Municipal Code, Section 10.28.030 requires, “Whenever any ordinance or resolution of this city designates and describes any street or portion thereof as a through street, or any intersection at which vehicles are required to stop at one or more entrances thereto, the chief of police shall erect and maintain stop signs…”; and
WHEREAS, such regulatory authority is the City's under the California Vehicle Code, Section 21100(d) as long as the traffic control devices themselves conform to the California Manual on Uniform Traffic Control Devices; and WHEREAS, the intersection of Searls Avenue and Argall Way currently requires a stop for those traveling from Argall through the intersection; and WHEREAS, on the basis of a request to evaluate the crosswalk and stop requirements in the intersection, the City Engineer evaluated the intersection and recommends that it be changed to require a stop in all directions of travel through the intersection; and
WHEREAS, the Police Chief has determined that requiring a stop in all directions of travel through the intersection would likely advance a more orderly and safe flow of vehicular and pedestrian traffic within the intersection while also slowing vehicular traffic on Searls Avenue which is a path of travel to an area school; and
WHEREAS, in order that the City may erect and enforce the regulatory STOP sign applicable to the all-direction stop in the intersection, the City Council must pass a Resolution establishing the control;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Nevada City:

1. Amends Vehicles and Traffic regulations by establishing the intersection of Searls Avenue and Argall Way as an intersection where a stop is required in all directions of travel.

2. In accordance with Nevada City Municipal Code Section 10.28.030, the Police Chief shall, through actions of the City Engineer and the Public Works Department, specify and cause the regulatory signage necessary to enforce the regulations made hereunder to be installed.

3. The regulations established pursuant to this Resolution shall go into effect and be enforced when the necessary signs and markings referred to in section 2 above are in place.

PASSED, APPROVED AND ADOPTED this 22nd 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 22, 2022 Agenda Item No. 07
Subject: Consideration of Award of a Contract With
Traffic Limited for Annual City Street Striping in an
Amount Not-To-Exceed $17,957.28 and Authorize the
City Manager to Execute any Contracts or Related
Documents

From: Bryan McAlister, City Engineer
Date: June 16, 2022
Reviewed & Approved:

City Manager: STG
City Attorney:

Recommended Action: Award the contract and authorize the City Manager to execute related documents.

ISSUE STATEMENT AND DISCUSSION:

Centerline Striping and Edge Lane Stripe is typically completed annually on City streets, however this was not completed in 2021 due to staffing shortages. All work is done at night with no traffic control. The contractor provides all work including furnishing and placing all necessary material to properly perform Traffic Line Marking, including paint, beads, vehicle, and all incidental items. Paint is a single coat applied over existing markings.

The City advertised for bids for a three-year contract, however no bids were received. The only bid that the City received is a one-year bid from Traffic Limited who has performed this work for the City for the past ten years or more, as follows:

Traffic Limited, Lodi CA $17,957.28
Traffic Limited was selected as the lowest responsive and responsible bidder.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The Annual City Street Striping project will be funded using FY 21/22 Measure M Fund for Street Maintenance.

ENVIRONMENTAL CONSIDERATIONS:

None
ATTACHMENTS:

Contract for Annual City Street Striping
Annual City Street Striping
2022-2025
City of Nevada City, 95959
Nevada County, California
______________________________
Bryan K. McAlister
PE C58570
PLS 9199

AGREEMENT
THIS AGREEMENT is made this _______________ day of ______________________, between the CITY OF NEVADA CITY, a municipal corporation, hereinafter called "City," and ___________________________________________, hereinafter called "Contractor." WHEREAS, City has caused to be prepared certain plans, specifications and other contract documents pertaining to the ANNUAL CITY STREET STRIPING 2022-2025 in said City: and WHEREAS, after notice duly given, City has awarded the contract for such work to Contractor; NOW, THEREFORE, IT IS AGREED by and between said parties as follows:

1. Scope of Work. The contractor agrees to furnish all labor, materials, tools and equipment, required to complete the improvements in Nevada City, California, in accordance with the plans, specifications and other contract representation made in mandatory meetings. All such work shall be performed in a good and workmanlike manner and to the satisfaction of the designer of said project.

2. Contract Price. As consideration for all such work, City agrees to pay to Contractor the total sum of _____________________________________________ ($________________) Dollars, payable in the manner hereinafter set forth.

3. Contract Documents. The complete contract between the parties hereto consists of the Notice to Contractors, the Information to Bidders, the Bid Proposal, the General Conditions, the Plans and Specifications, and all other drawings and printed or written explanatory matter pertaining thereto. All of the foregoing documents are intended to cooperate, so that any work or requirement specified in any of them is to be carried out or observed the same as if mentioned in all.

4. Time for Performance. Within five (5) days after the execution of this Agreement, City shall give Contractor written Notice to Proceed, and thereafter Contractor shall commence the work and shall prosecute the same with due diligence until completion and acceptance by City; provided, however, that all such work shall be completed and ready for use within twenty (20) working days after Contractor receives said Notice to Proceed.

5. Extension of Time. If, because of adverse weather conditions, strikes, inability of the Contractor (through no fault on his/her part) to obtain necessary materials, or other cause beyond the reasonable control of Contractor, Contractor is unable to complete the required work within the allowed time, he shall be entitled to an extension or extensions of such time, commensurate with the unavoidable delay thus caused; provided, however that Contractor shall apply to City for approval of any such extension prior to the expiration of the time for performance as specified in the preceding paragraph.

6. Contractor's Failure to Complete Work. If Contractor fails to prosecute the work with such diligence as will insure its completion within the time hereinabove specified, or any extension thereof, or fails to complete such work within such time, or if Contractor shall otherwise violate this Agreement, City may give written notice to Contractor and his sureties of City's intention to terminate this Agreement unless, within five (5) days after services of such notice, satisfactory arrangements are made with the City for the completion of such work or the curing of such breach; and if such arrangements are not made within such time, City may, at its option, terminate this Agreement by giving written notice of such termination to Contractor and his sureties.

7. Payments to Contractor. On or before the tenth day of each month during the progress of the work, Contractor shall submit to the City Engineer an itemized statement of all labor and materials incorporated into the improvement during the preceding month and the portion of the contract price applicable thereto. City shall pay to Contractor a sum equal to ninety (90%) percent of the contract price apportionment for approved progress payments.

The remaining ten (10%) percent shall be paid to Contractor thirty-five (35) days after final acceptance of the work by City.

8. Indemnification. Contractor agrees to hold City, and its officers, agents, and employees harmless from any and all liability and claims for damages for death and personal injury, and for property damage, incident to or arising out of the operations of Contractor or any subcontractor under this Agreement, and Contractor further agrees to defend City, and its officers, agents, and employees in any and all lawsuits which may be brought for such damages caused, or alleged to have been caused, by such operations. In addition, Contractor agrees to furnish to the City evidences of insurance coverage. The approval of such insurance by City shall not constitute a waiver or limitation of any rights under this indemnity agreement, regardless of whether such insurance shall be held to be inapplicable to any such damage or claims therefore.

Executed in duplicate this day of , .

ATTEST: CITY OF NEVADA CITY

By:
(Mayor)
By:
(Contractor)
By:
(Authorized Officer)

GENERAL CONDITIONS

1. Inspection of Construction
The Engineer shall have access to the work and the site of the work at all times and the Contractor shall afford such access to the Engineer and shall furnish all relevant information requested by him. At the request of the Engineer the Contractor shall open for inspection any part of the work which has been covered up, and if any part of the work has been covered up in contravention of the instructions of the Engineer, or if on being opened up, is found not to be in accordance with the terms of the contract, the expense of opening and recovering shall be charged to the Contractor. If the work has been covered up but not in contravention of such instructions and is found to be in accordance with the terms of the contract, the actual cost of opening and recovering shall be borne by the City, and in such case, if the work of opening and recovering is done by the Contractor, it shall be considered as extra work and paid for accordingly.

2. Change Orders
If for any reason it becomes necessary or desirable to change the alignment, dimensions, or design of the work, the City shall have the right to issue written change orders therefore. If the Contractor considers that any such change involves extra work, he shall immediately so notify the Engineer in writing, and shall make claim for compensation for such work not later than the first day of the month following the month in which the work was performed. If, in the opinion of the Engineer, any change order results in a change in the amount of work performed, the contract price shall be adjusted for extra work or omitted work, as the case may be.

3. Contractor’s Employees and Subcontractors
The Contractor shall at all times be responsible for the adequacy and efficiency of his employees and any subcontractor and the latter’s employees. All workers shall have adequate skill and experience to perform properly the work assigned to them.

4. Errors and Omissions
If the Contractor in the course of the work becomes aware of any error or omission in the contract documents, or of any discrepancy between such documents and the physical conditions of the work site, he shall immediately inform the Engineer, who shall take such action as he may deem necessary in order to rectify the matter. Any work done after such discovery and without the authorization of the Engineer will be at the Contractor’s risk.

5. Guaranty of Work
For a period of one (1) year after final acceptance of the work by the City, the Contractor shall make all Improvements and replacements arising out of any defective workmanship or materials. If the Contractor fails to make such repairs or replacements within ten (10) days after receiving written notice to do so, or within such further time as may be allowed by the City, the City may undertake such repairs or replacements, in which case the Contractor shall be liable to the City for the cost thereof.

6. Contractor’s Responsibility for Work
The Contractor shall be responsible for the proper care and protection of the work, and of all materials delivered to the work site, until completion of the work and its final acceptance by the City.

7. Performance Bond
No Performance bond shall be required for this project.

8. Payment Bond
A payment (labor and materials) bond is required for public works contracts involving an expenditure in excess of twenty-five thousand dollars ($25,000). If the contract is in excess of this amount the contractor shall provide a payment bond to the City of Nevada City before commencement of work. Cost for the bond shall be included in the contractor bid proposal and no additional compensation will be provided.

A payment bond shall be in an amount not less than 100 percent of the total amount payable pursuant to the contract. The bond shall be in the form of a bond and not a deposit in lieu of a bond. The bond shall be executed by an admitted surety insurer.

9. Workmen’s Compensation Insurance
The Contractor shall carry workmen’s compensation insurance for all employees working on or about the site of the work, and if any work is subcontracted, the Contractor shall require each subcontractor to carry such insurance for all of the latter’s employees, unless they are covered by the Contractor’s insurance.

10. Insurance Requirements
CONTRACTOR shall purchase and maintain insurance in amounts of coverage not less than the following amounts:

General Liability: $1,000,000 per occurrence for bodily injury, (Including operations, personal injury and property damage. If products and completed Commercial General Liability Insurance or operations) other form with a general aggregate limit is used either the general aggregate limit shall
apply separately to this project/location or
the general aggregate limit shall be twice
the required occurrence limit.

Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

The Contractor shall deliver to the City, concurrently with the execution of the contract, certificates evidencing all insurance required by the contract, and each such certificate shall include a provision to the effect that the policy or policies cannot be canceled or materially modified unless the insurer gives the City at least fifteen (15) days written notice thereof prior to such cancellation or modification.

11. Prevailing Wages
Contractor shall pay each laborer, workman or mechanic in accordance with State and Federal Prevailing Wage Rates and the California Labor Code. These wage rates are hereby made a part of this contract:

State General Prevailing Wage Determinations in effect on date advertised General prevailing wage determination of Journeyman and Apprentice Prevailing Wage Rates can be accessed at the following websites: https://www.dir.ca.gov/oprl/DPreWageDetermination.htm And http://www.dir.ca.gov/das/publicworks.html
Reference: Labor Code http://www.labor.ca.gov/laborlawreg.htm Electronic Certified Payroll Records
 All contractors must furnish electronic certified payroll records to the Labor Commissioner using the online eCPR data system
 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].  No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.  This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
 The contractor shall post job site notices prescribed by regulation. (See 8 Calif. Code Reg. §16451(d) Project Specifications

PROJECT LIMITS
As shown on plan.

PROJECT DESCRIPTION
Provide Centerline Striping and Edge Lane Stripe one time per year annually for three years.   All work shall be done at night with no traffic control.   The city will provide an escort during the operation as required.   The city will also provide sweeping of shoulder prior to edge line striping.   Contractor shall provide all work including furnishing and placing all necessary material to properly perform Traffic Line Marking, which shall include, but not be limited to paint, beads, vehicle, and all incidental items.   Paint shall be a single coat applied over existing markings.

Longitudinal lines placed on tangent roadway segments shall be straight and true, longitudinal lines placed on curves shall be continuous smoothly curved lines consistent with the roadway alignment.

Centerline Striping
Double Yellow reflectorized paint with painted black interior, conforming to current specifications of the State of California Department of Transportation and Caltrans Detail 21/A20A.

Edge line Striping
Single white reflectorized paint, four inches in width, on each side of roadway, conforming to current specifications of the State of California Department of Transportation and Caltrans Detail 27B/A20B.

CITY OF NEVADA CITY ~ STRIPING
Street Name Centerline * Fog Line *
Union Alley 240
Coyote St 2,020
East Broad(from Main to Hwy) 620
West Broad St 2,030
Cement Hill Rd 620 620
Broad St (across Freeway) 420
Pine Street 1,510
Sacramento St 3,030
Zion St 3,290
Lindley Ave 340
Argall Way 700
Doane Rd 320
Providence Mine Road 1,640
Nevada City Highway 2,100 2100
Ridge Rd (NIC portion by others) 1,060 1060
Searls Ave 4,150
Lower Grass Valley Highway 630
Gold Flat Road 5,280 5280
New Mohawk Rd 460
Hollow Way 1,770
Railroad Ave 920
Adams St 990
Clay St 200
Gracie Rd 600 600
Nimrod St 2,550
Park Ave 1,060
Boulder St 1,740
Nevada Street 4,440
Washington St 980
Willow Valley Road 660 660
Uren St 1,600 1000
TOTAL 47,970 9.09 miles 11,320 2.14 miles
* lengths are approximate and actual quantity may be less where not striped through some intersections.

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: June 22, 2022 Agenda Item No. 08
Subject: Consideration of Award of a Contract With
PSCE to Remove and Dispose of the Existing Barn
Building at Nevada City Public Works Yard in an Amount
Not-To-Exceed $23,267.00 and Authorize the City
Manager to Execute any Contracts or Related Documents

From: Bryan McAlister, City Engineer
Date: June 16, 2022
Reviewed & Approved:

City Manager: STG
City Attorney:

Recommended Action: Award the contract and authorize the City Manager to execute related documents.

ISSUE STATEMENT AND DISCUSSION:

A winter storm December 28th thru 30th, 2021 lashed the City with record snow that knocked out power, shut down major roads and freeways, and caused debris, among other hazards. A building at the City Corp Yard (described as Barn Building) fully collapsed, crushing storage materials (piping, signage, barricades and special event equipment) and a city vehicle. A claim has been filed with the City’s insurance provider, CIRA. City staff will be working with the insurance company to process reimbursement for the cost of demolition and disposal of the structure as a part of the insurance claim.

The City intends to salvage a portion of the useable lumber and corrugated metal from the barn.

This will be determined at an onsite meeting with the City and the Contractor prior to demolition.

Three quotes were procured from local contractors, for removal and disposal of the barn building, as follows:

PSCE, Brownsville CA $23,267.00
Lester Enterprises Northstate Inc., Nevada City CA $25,267.00 Hansen Bros., Grass Valley CA $64,940.00
PSCE was selected as the lowest responsive and responsible bidder.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The Barn Demolition project will be funded using FY 21/22 General Fund for Buildings and Grounds for the deductible portion of the insurance claim, and insurance is expected to cover the remaining costs.

ENVIRONMENTAL CONSIDERATIONS:

None
ATTACHMENTS:

Contract for Barn Demolition
Barn Demolition
City of Nevada City, 95959
Nevada County, California
______________________________
Bryan K. McAlister
PE C58570
PLS 9199

NOTICE TO CONTRACTOR'S
Barn Demolition
Sealed proposals for will be received by the City at City Hall, 317 Broad Street, Nevada City, California, 95959, until 3:00 PM on Thursday June 16, 2022, at which time, or as soon thereafter as practicable, all such proposals will be publicly opened and read at City Hall, 317 Broad Street, Nevada City, California.

No Pre-Bid Meeting is scheduled for this project. Please contact City Staff if you would like to meet at the project site. Questions or requests for clarification shall be submitted in writing to [email protected].

Bids shall be enclosed and sealed in an envelope addressed to the City of Nevada City at the above stated address and shall be marked "Barn Demolition". NO BID BONDS ARE REQUIRED. The work includes the furnishing of all labor, materials, and equipment required for the job in accordance with the plans, specifications and other contract documents as set forth by the City Engineer. Such bid documents will be on file with the City staff and are available for inspection during office hours. Bid documents may be obtained at the office of said City Hall at 317 Broad Street, Nevada City, California on or after .
************************************************************************* The City intends to salvage a portion of the useable lumber and corrugated metal. This will determined at an onsite meeting with the City and the Contractor prior to demolition.

The City reserves the right to reject all bids; or to accept any portion of bid schedule; to reject any bid which is incomplete or irregular; to determine which proposal is, in its judgment, the lowest responsible bid of a responsible bidder and to waive any informality or minor irregularity of any bid.

DATED: June 9, 2022 CITY OF NEVADA CITY

______________________________
Bryan McAlister
City Engineer

AGREEMENT
THIS AGREEMENT is made this _______________ day of ______________________, between the CITY OF NEVADA CITY, a municipal corporation, hereinafter called "City," and ___________________________________________, hereinafter called "Contractor." WHEREAS, City has caused to be prepared certain plans, specifications and other contract documents pertaining to the BARN DEMOLITION in said City: and
WHEREAS, after notice duly given, City has awarded the contract for such work to Contractor; NOW, THEREFORE, IT IS AGREED by and between said parties as follows:

1. Scope of Work. The contractor agrees to furnish all labor, materials, tools and equipment, required to complete the improvements in Nevada City, California, in accordance with the plans, specifications and other contract representation made in mandatory meetings. All such work shall be performed in a good and workmanlike manner and to the satisfaction of the designer of said project.

2. Contract Price. As consideration for all such work, City agrees to pay to Contractor the total sum of _____________________________________________ ($________________) Dollars, payable in the manner hereinafter set forth.

3. Contract Documents. The complete contract between the parties hereto consists of the Notice to Contractors, the Information to Bidders, the Bid Proposal, the General Conditions, the Plans and Specifications, and all other drawings and printed or written explanatory matter pertaining thereto. All of the foregoing documents are intended to cooperate, so that any work or requirement specified in any of them is to be carried out or observed the same as if mentioned in all.

4. Time for Performance. Within five (5) days after the execution of this Agreement, City shall give Contractor written Notice to Proceed, and thereafter Contractor shall commence the work and shall prosecute the same with due diligence until completion and acceptance by City; provided, however, that all such work shall be completed and ready for use within twenty (20) working days after Contractor receives said Notice to Proceed.

5. Extension of Time. If, because of adverse weather conditions, strikes, inability of the Contractor (through no fault on his/her part) to obtain necessary materials, or other cause beyond the reasonable control of Contractor, Contractor is unable to complete the required work within the allowed time, he shall be entitled to an extension or extensions of such time, commensurate with the unavoidable delay thus caused; provided, however that Contractor shall apply to City for approval of any such extension prior to the expiration of the time for performance as specified in the preceding paragraph.

6. Contractor's Failure to Complete Work. If Contractor fails to prosecute the work with such diligence as will insure its completion within the time hereinabove specified, or any extension thereof, or fails to complete such work within such time, or if Contractor shall otherwise violate this Agreement, City may give written notice to Contractor and his sureties of City's intention to terminate this Agreement unless, within five (5) days after services of such notice, satisfactory arrangements are made with the City for the completion of such work or the curing of such breach; and if such arrangements are not made within such time, City may, at its option, terminate this Agreement by giving written notice of such termination to Contractor and his sureties.

7. Payments to Contractor. On or before the tenth day of each month during the progress of the work, Contractor shall submit to the City Engineer an itemized statement of all labor and materials incorporated into the improvement during the preceding month and the portion of the contract price applicable thereto. City shall pay to Contractor a sum equal to ninety (90%) percent of the contract price apportionment for approved progress payments.

The remaining ten (10%) percent shall be paid to Contractor thirty-five (35) days after final acceptance of the work by City.

8. Indemnification. Contractor agrees to hold City, and its officers, agents, and employees harmless from any and all liability and claims for damages for death and personal injury, and for property damage, incident to or arising out of the operations of Contractor or any subcontractor under this Agreement, and Contractor further agrees to defend City, and its officers, agents, and employees in any and all lawsuits which may be brought for such damages caused, or alleged to have been caused, by such operations. In addition, Contractor agrees to furnish to the City evidences of insurance coverage. The approval of such insurance by City shall not constitute a waiver or limitation of any rights under this indemnity agreement, regardless of whether such insurance shall be held to be inapplicable to any such damage or claims therefore.

Executed in duplicate this day of , .

ATTEST: CITY OF NEVADA CITY

By:
(Mayor)
By:
(Contractor)
By:
(Authorized Officer)

GENERAL CONDITIONS

1. Inspection of Construction
The Engineer shall have access to the work and the site of the work at all times and the Contractor shall afford such access to the Engineer and shall furnish all relevant information requested by him. At the request of the Engineer the Contractor shall open for inspection any part of the work which has been covered up, and if any part of the work has been covered up in contravention of the instructions of the Engineer, or if on being opened up, is found not to be in accordance with the terms of the contract, the expense of opening and recovering shall be charged to the Contractor. If the work has been covered up but not in contravention of such instructions and is found to be in accordance with the terms of the contract, the actual cost of opening and recovering shall be borne by the City, and in such case, if the work of opening and recovering is done by the Contractor, it shall be considered as extra work and paid for accordingly.

2. Change Orders
If for any reason it becomes necessary or desirable to change the alignment, dimensions, or design of the work, the City shall have the right to issue written change orders therefore. If the Contractor considers that any such change involves extra work, he shall immediately so notify the Engineer in writing, and shall make claim for compensation for such work not later than the first day of the month following the month in which the work was performed. If, in the opinion of the Engineer, any change order results in a change in the amount of work performed, the contract price shall be adjusted for extra work or omitted work, as the case may be.

3. Contractor’s Employees and Subcontractors
The Contractor shall at all times be responsible for the adequacy and efficiency of his employees and any subcontractor and the latter’s employees. All workers shall have adequate skill and experience to perform properly the work assigned to them.

4. Errors and Omissions
If the Contractor in the course of the work becomes aware of any error or omission in the contract documents, or of any discrepancy between such documents and the physical conditions of the work site, he shall immediately inform the Engineer, who shall take such action as he may deem necessary in order to rectify the matter. Any work done after such discovery and without the authorization of the Engineer will be at the Contractor’s risk.

5. Guaranty of Work
For a period of one (1) year after final acceptance of the work by the City, the Contractor shall make all Improvements and replacements arising out of any defective workmanship or materials. If the Contractor fails to make such repairs or replacements within ten (10) days after receiving written notice to do so, or within such further time as may be allowed by the City, the City may undertake such repairs or replacements, in which case the Contractor shall be liable to the City for the cost thereof.

6. Contractor’s Responsibility for Work
The Contractor shall be responsible for the proper care and protection of the work, and of all materials delivered to the work site, until completion of the work and its final acceptance by the City.

7. Performance Bond
No Performance bond shall be required for this project.

8. Payment Bond
A payment (labor and materials) bond is required for public works contracts involving an expenditure in excess of twenty-five thousand dollars ($25,000). If the contract is in excess of this amount the contractor shall provide a payment bond to the City of Nevada City before commencement of work. Cost for the bond shall be included in the contractor bid proposal and no additional compensation will be provided.

A payment bond shall be in an amount not less than 100 percent of the total amount payable pursuant to the contract. The bond shall be in the form of a bond and not a deposit in lieu of a bond. The bond shall be executed by an admitted surety insurer.

9. Workmen’s Compensation Insurance
The Contractor shall carry workmen’s compensation insurance for all employees working on or about the site of the work, and if any work is subcontracted, the Contractor shall require each subcontractor to carry such insurance for all of the latter’s employees, unless they are covered by the Contractor’s insurance.

10. Insurance Requirements
CONTRACTOR shall purchase and maintain insurance in amounts of coverage not less than the following amounts:

General Liability: $1,000,000 per occurrence for bodily injury, (Including operations, personal injury and property damage. If products and completed Commercial General Liability Insurance or operations) other form with a general aggregate limit is used either the general aggregate limit shall
apply separately to this project/location or
the general aggregate limit shall be twice
the required occurrence limit.

Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

The Contractor shall deliver to the City, concurrently with the execution of the contract, certificates evidencing all insurance required by the contract, and each such certificate shall include a provision to the effect that the policy or policies cannot be canceled or materially modified unless the insurer gives the City at least fifteen (15) days written notice thereof prior to such cancellation or modification.

11. Prevailing Wages
Contractor shall pay each laborer, workman or mechanic in accordance with State and Federal Prevailing Wage Rates and the California Labor Code. These wage rates are hereby made a part of this contract:

State General Prevailing Wage Determinations in effect on date advertised General prevailing wage determination of Journeyman and Apprentice Prevailing Wage Rates can be accessed at the following websites: https://www.dir.ca.gov/oprl/DPreWageDetermination.htm And http://www.dir.ca.gov/das/publicworks.html
Reference: Labor Code http://www.labor.ca.gov/laborlawreg.htm Electronic Certified Payroll Records
 All contractors must furnish electronic certified payroll records to the Labor Commissioner using the online eCPR data system
 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].  No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.  This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
 The contractor shall post job site notices prescribed by regulation. (See 8 Calif. Code Reg. §16451(d) Project Specifications

PROJECT LIMITS
255 Boulder Street at City public works yard.

PROJECT DESCRIPTION
Remove and dispose of existing barn building.   The City intends to salvage a portion of the useable lumber and corrugated metal.    This will be determined at an onsite meeting with the City and the Contractor prior to demolition.

Bid price shall include removal, disposal, hauling and dump fees.   Sorting and stacking onsite shall be provided for approximately 15% of the useable material for City reuse.

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: June 22, 2022 Agenda Item No. 9
Subject: Award of Contract with PSCE in an Amount
Not-To-Exceed $ 30,630 and Hardcore Construction in an
Amount Not-To-Exceed $124,880 for Phase I and Phase
II 2022 Sewer Improvements at Various Locations;
Authorize a Project Contingency of 10%, Not-To-Exceed
$15,551; and Authorize the City Manager to Execute any
Contracts or Related Documents

From: Bryan McAlister, City Engineer
Date: June 16, 2022
Reviewed & Approved:

City Manager: STG
City Attorney:

Recommended Action: Award the contract, authorize the contingency, and authorize the City Manager to execute related documents.

ISSUE STATEMENT AND DISCUSSION:

City Engineering and Public Works staff identified areas where Sewer Improvements are needed at various locations throughout the City’s sewer collection system. The project consists of new sewer main and reconstruction of sewer services as shown on the plans.

This project was bid in two phases so that Phase 1 can be awarded and proceed using Fiscal Year 21/22 funds and Phase 2 can be awarded but will not be issued a notice to proceed until after City Council adopts the budget for Fiscal Year 22/23.

In the bid documents it was also specified that the city may, at its discretion, award contracts to more than one bidder. A contract may be issued for an individual Phase or for a combination of Phases. The low bidder for purposes of award is the responsible bidder offering the lowest price for each Phase. Phasing limits are further described on the bid schedule and as shown on the plans.

Request for bids was advertised on May 20, 2022 and bids were received on June 9, 2022 from local contractors, as follows:

Phase 1 Phase 2
PSCE, Brownsville CA $ 30,630.00 $128,225.00
C&D Construction, Grass Valley CA $ 64,260.00 $173,230.00 Hardcore Construction., Grass Valley CA $ 37,750.00 $124,880.00 C&J General Engr, Chico, CA $121,300.00 $349,360.00
PSCE was selected as the lowest responsive and responsible bidder for Phase 1 and Hardcore Construction was selected as the lowest responsive and responsible bidder for Phase 2.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The 2022 Sewer Improvements at Various Locations project will be funded as authorized by fiscal year 2021/2022 sewer fund appropriations for Phase 1 and with fiscal year 2022/2023 sewer fund appropriations for Phase 2 (Phase 2 project will be implemented after budget adoption) and with Measure M funds for trench paving.

ENVIRONMENTAL CONSIDERATIONS:

None.

ATTACHMENTS:
 Contract for 2022 Sewer Improvements at Various Locations 1 2022 Sewer Improvements
at Various Locations
City of Nevada City, 95959
Nevada County, California
Bryan K. McAlister
PE C58570
PLS 9199
2 NOTICE TO CONTRACTOR'S
2022 Sewer Improvements at Various Locations
Sealed proposals for 2022 Sewer Improvements at Various Locations will be received by the City at City Hall, 317 Broad Street, Nevada City, California, 95959, until 3:00 PM on Thursday June 9th, 2022, at which time, or as soon thereafter as practicable, all such proposals will be publicly opened and read at City Hall, 317 Broad Street, Nevada City, California.

Bids shall be enclosed and sealed in an envelope addressed to the City of Nevada City at the above stated address and shall be marked "2022 Sewer Improvements at Various Locations” No Bid Bonds are required.

The work includes the furnishing of all labor, materials, and equipment required for the job in accordance with the plans, specifications and other contract documents as set forth by the City Engineer. Such bid documents will be on file with the City staff and are available for inspection during office hours. Bid documents may be obtained at the office of said City Hall at 317 Broad Street, Nevada City, California.

This project is bid in two phases so that City Council can award Phase 1 in June 2022 and award Phase 2 in July 2022. This allows funding for the project to be in Fiscal Year 21/22 for Phase 1 and Fiscal Year 22/23 for Phase 2.

The City of Nevada City may, at its discretion, award contracts to more than one bidder. A contract may be issued for an individual Phase or for a combination of Phases. The low bidder for purposes of award is the responsible bidder offering the lowest price for each Phase. Phasing limits are further described on the bid schedule and as shown on the plans. There is no pre-bid meeting for this project.
************************************************************************* The City reserves the right to reject all bids; or to accept any portion of bid schedule; to reject any bid which is incomplete or irregular; to determine which proposal is, in its judgment, the lowest responsible bid of a responsible bidder and to waive any informality or minor irregularity of any bid.

DATED: May 20, 2022 CITY OF NEVADA CITY

Bryan McAlister, P.E.

City Engineer
Any interpretation or correction of the Contract Documents will only be made by Addendum duly issued, and a copy of such Addendum will be made available for each contractor receiving a set of the Contract Documents. Any request for clarification shall be submitted in writing, via email, to Bryan McAlister [email protected] not less than seventy-two (72) hours prior to bid opening.
3 PROPOSAL/CONTRACT
2022 SEWER IMPROVEMENTS AT VARIOUS LOCATIONS, Nevada City, CA TO: City of Nevada City, City Hall, Nevada City, California.

The undersigned, as a bidder, submits the following proposal for the 2022 SEWER IMPROVEMENTS AT VARIOUS LOCATIONS in the City of Nevada City, California, and offers to perform all work and furnish all labor, materials, tools, equipment, power and water as required for the completion of said project, in accordance with the plans, specifications and all other contract documents. The bidder has inspected the project site and has examined all conditions affecting the proposed work. The bidder is licensed with Contractors State License Board and is registered as a public works contractor with the Department of Industrial Relations as required to bid on this contract.

If this bid is accepted, the bidder agrees to execute the Agreement, and furnish to the City all documents and evidences of insurance, within ten (10) days after receiving written notice of the award of contract, and complete the project within forty (40) working days after receiving written notice to proceed. No bid bond is required for this project.

Attached to this bid and made a part hereof is a list of proposed subcontractors, setting forth all information required by Section 4104 of the Government Code.

The undersigned is (state whether individual, partnership or corporation) .

DATED:

FIRM NAME: BY:

Signature of Authorized Person
ADDRESS:

Contact Person:

PHONE:

CELL PHONE: _______________________
CONTRACTOR'S #:

EXPIRATION:

NEVADA CITY BUSINESS LICENSE #:
____________ EXPIRATION: __________

4 BID SCHEDULE

CITY OF NEVADA CITY
2022 SEWER IMPROVEMENTS AT VARIOUS LOCATIONS
PHASE 1: WALRATH AVE.

No. Quantity Unit Item Description Unit Price Total Price

1.) 1 LS Mobilization $________ $_____________

2.) 120 LF 6” PE Directional Drilling $________ $_____________ or Pipe Bursting

3.) 15 LF 6” SDR35 Sewerline $________ $_____________

4.) 1 EA Connect to Existing Manhole $________ $_____________

5.) 1 EA New Sewer Manhole $________ $_____________

6.) 1 EA Sewer Service with Cleanout $________ $_____________

7.) 2 TN Asphalt Trench Resurfacing $________ $_____________ TOTAL PHASE 1: $_________________
Note

1. Project shall be prevailing wages.

2. Unit price for pipe (sewerline and laterals) shall include all traffic control, potholing, sawcutting, trench plates, shoring, abandonments or removal of existing pipe, fittings, staging/ bypass facilities, connections, excavation, bedding, backfill and testing.

3. Unit price for sewer service shall include all labor and materials to connect to existing service. Cleanout to be provided at or near property line. Cost of cleanout, wye fittings and pipe connections shall be included in the unit price for sewer service.

4. Unit price for trench resurfacing shall include T-grind and asphalt paving, surface preparation and compaction of agg. base. Aggregate base shall be included in the unit cost for pipe installation where used for trench backfill and in the unit cost for trench resurfacing where used for the road section. 5 BID SCHEDULE

CITY OF NEVADA CITY
2022 SEWER IMPROVEMENTS AT VARIOUS LOCATIONS
PHASE 2: KVMR (SPRING ST); N PINE AT WINTER; DEAN ALLEY: N PINE AT E. BROAD

No. Quantity Unit Item Description Unit Price Total Price

8.) 1 LS Mobilization $________ $_____________

9.) 45 LF 6” PE Directional Drilling $________ $_____________

10.) 370 LF 6” SDR35 Sewerline $________ $_____________

11.) 4 EA Connect to Existing Manhole $________ $_____________

12.) 2 EA New Sewer Manhole $________ $_____________

13.) 8 EA Sewer Service with Cleanout $________ $_____________

14.) 38 TN Asphalt Trench Resurfacing $________ $_____________ TOTAL PHASE 2: $__________________
Grand Total (Both Phases Combined): $___________________

Note

1. Project shall be prevailing wages.

2. Unit price for pipe (sewerline and laterals) shall include all traffic control, potholing, sawcutting, trench plates, shoring, abandonments or removal of existing pipe, fittings, staging/ bypass facilities, connections, excavation, bedding, backfill and testing.

3. Unit price for sewer service shall include all labor and materials to connect to existing service. Cleanout to be provided at or near property line. Cost of cleanout, wye fittings and pipe connections shall be included in the unit price for sewer service.

4. Unit price for trench resurfacing shall include T-grind and asphalt paving, surface preparation and compaction of agg. base. Aggregate base shall be included in the unit cost for pipe installation where used for trench backfill and in the unit cost for trench resurfacing where used for the road section. 6 LIST OF SUBCONTRACTORS

NAME (DBE Y/N) PLACE OF BUSINESS

CONTRACTORS LICENSE

PORTION OF WORK

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

7 AGREEMENT
THIS AGREEMENT is made this _______________ day of ______________________, between the CITY OF NEVADA CITY, a municipal corporation, hereinafter called "City," and ___________________________________________, hereinafter called "Contractor." WHEREAS, City has caused to be prepared certain plans, specifications and other contract documents pertaining to the 2022 SEWER IMPROVEMENTS AT VARIOUS LOCATIONS in said City: and WHEREAS, after notice duly given, City has awarded the contract for such work to Contractor; NOW, THEREFORE, IT IS AGREED by and between said parties as follows:

1. Scope of Work. The contractor agrees to furnish all labor, materials, tools and equipment, required to complete the improvements in Nevada City, California, in accordance with the plans, specifications and other contract representation made in mandatory meetings. All such work shall be performed in a good and workmanlike manner and to the satisfaction of the designer of said project.

2. Contract Price. As consideration for all such work, City agrees to pay to Contractor the total sum of _____________________________________________ ($________________) Dollars, payable in the manner hereinafter set forth.

3. Contract Documents. The complete contract between the parties hereto consists of the Notice to Contractors, the Information to Bidders, the Bid Proposal, the General Conditions, the Plans and Specifications, and all other drawings and printed or written explanatory matter pertaining thereto. All of the foregoing documents are intended to cooperate, so that any work or requirement specified in any of them is to be carried out or observed the same as if mentioned in all.

4. Time for Performance. Within five (5) days after the execution of this Agreement, City shall give Contractor written Notice to Proceed, and thereafter Contractor shall commence the work and shall prosecute the same with due diligence until completion and acceptance by City; provided, however, that all such work shall be completed and ready for use within forty (40) working days after Contractor receives said Notice to Proceed.

5. Extension of Time. If, because of adverse weather conditions, strikes, inability of the Contractor (through no fault on his/her part) to obtain necessary materials, or other cause beyond the reasonable control of Contractor, Contractor is unable to complete the required work within the allowed time, he shall be entitled to an extension or extensions of such time, commensurate with the unavoidable delay thus caused; provided, however that Contractor shall apply to City for approval of any such extension prior to the expiration of the time for performance as specified in the preceding paragraph.

6. Contractor's Failure to Complete Work. If Contractor fails to prosecute the work with such diligence as will insure its completion within the time hereinabove specified, or any extension thereof, or fails to complete such work within such time, or if Contractor shall otherwise violate this Agreement, City may give written notice to Contractor and his sureties of City's intention to terminate this Agreement unless, within five (5) days after services of such notice, satisfactory arrangements are made with the City for the completion of such work or the curing of such breach; and if such arrangements are not made within such time, City may, at its option, terminate this Agreement by giving written notice of such termination to Contractor and his sureties. 8 7. Payments to Contractor. On or before the tenth day of each month during the progress of the work, Contractor shall submit to the City Engineer an itemized statement of all labor and materials incorporated into the improvement during the preceding month and the portion of the contract price applicable thereto. City shall pay to Contractor a sum equal to ninety (90%) percent of the contract price apportionment for approved progress payments.

The remaining ten (10%) percent shall be paid to Contractor thirty-five (35) days after final acceptance of the work by City.

8. Indemnification. Contractor agrees to hold City, and its officers, agents, and employees harmless from any and all liability and claims for damages for death and personal injury, and for property damage, incident to or arising out of the operations of Contractor or any subcontractor under this Agreement, and Contractor further agrees to defend City, and its officers, agents, and employees in any and all lawsuits which may be brought for such damages caused, or alleged to have been caused, by such operations. In addition, Contractor agrees to furnish to the City evidences of insurance coverage. The approval of such insurance by City shall not constitute a waiver or limitation of any rights under this indemnity agreement, regardless of whether such insurance shall be held to be inapplicable to any such damage or claims therefore.

Executed in duplicate this day of , .

ATTEST: CITY OF NEVADA CITY

By:
(Mayor)
By:
(Contractor)
By:
(Authorized Officer)
9 GENERAL CONDITIONS

1. Inspection of Construction
The Engineer shall have access to the work and the site of the work at all times and the Contractor shall afford such access to the Engineer and shall furnish all relevant information requested by him. At the request of the Engineer the Contractor shall open for inspection any part of the work which has been covered up, and if any part of the work has been covered up in contravention of the instructions of the Engineer, or if on being opened up, is found not to be in accordance with the terms of the contract, the expense of opening and recovering shall be charged to the Contractor. If the work has been covered up but not in contravention of such instructions and is found to be in accordance with the terms of the contract, the actual cost of opening and recovering shall be borne by the City, and in such case, if the work of opening and recovering is done by the Contractor, it shall be considered as extra work and paid for accordingly.

2. Change Orders
If for any reason it becomes necessary or desirable to change the alignment, dimensions, or design of the work, the City shall have the right to issue written change orders therefore. If the Contractor considers that any such change involves extra work, he shall immediately so notify the Engineer in writing, and shall make claim for compensation for such work not later than the first day of the month following the month in which the work was performed. If, in the opinion of the Engineer, any change order results in a change in the amount of work performed, the contract price shall be adjusted for extra work or omitted work, as the case may be.

3. Contractor’s Employees and Subcontractors
The Contractor shall at all times be responsible for the adequacy and efficiency of his employees and any subcontractor and the latter’s employees. All workers shall have adequate skill and experience to perform properly the work assigned to them.

4. Errors and Omissions
If the Contractor in the course of the work becomes aware of any error or omission in the contract documents, or of any discrepancy between such documents and the physical conditions of the work site, he shall immediately inform the Engineer, who shall take such action as he may deem necessary in order to rectify the matter. Any work done after such discovery and without the authorization of the Engineer will be at the Contractor’s risk.

5. Guaranty of Work
For a period of one (1) year after final acceptance of the work by the City, the Contractor shall make all Improvements and replacements arising out of any defective workmanship or materials. If the Contractor fails to make such repairs or replacements within ten (10) days after receiving written notice to do so, or within such further time as may be allowed by the City, the City may undertake such repairs or replacements, in which case the Contractor shall be liable to the City for the cost thereof. 10 6. Contractor’s Responsibility for Work
The Contractor shall be responsible for the proper care and protection of the work, and of all materials delivered to the work site, until completion of the work and its final acceptance by the City.

7. Performance Bond
No Performance bond shall be required for this project.

8. Payment Bond
A payment (labor and materials) bond is required for public works contracts involving an expenditure in excess of twenty-five thousand dollars ($25,000). If the contract is in excess of this amount the contractor shall provide a payment bond to the City of Nevada City before commencement of work. Cost for the bond shall be included in the contractor bid proposal and no additional compensation will be provided.

A payment bond shall be in an amount not less than 100 percent of the total amount payable pursuant to the contract. The bond shall be in the form of a bond and not a deposit in lieu of a bond. The bond shall be executed by an admitted surety insurer and in accordance with Section [9550 - 9566] of the CA Code.

9. Workmen’s Compensation Insurance
The Contractor shall carry workmen’s compensation insurance for all employees working on or about the site of the work, and if any work is subcontracted, the Contractor shall require each subcontractor to carry such insurance for all of the latter’s employees, unless they are covered by the Contractor’s insurance.

10. Insurance Requirements
CONTRACTOR shall purchase and maintain insurance in amounts of coverage not less than the following amounts:

General Liability: $1,000,000 per occurrence for bodily injury, (Including operations, personal injury and property damage. If products and completed General Liability Insurance or
operations) other form with a general aggregate limit is used either the general aggregate limit shall
apply separately to this project/location or
the general aggregate limit shall be twice
the required occurrence limit.

Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

The Contractor shall deliver to the City, concurrently with the execution of the contract, certificates evidencing all insurance required by the contract, and each such certificate shall include a provision to the effect that the policy or policies cannot be canceled or materially modified unless the insurer gives the City at least fifteen (15) days written notice thereof prior to such cancellation or modification. 11 11. Prevailing Wages
Contractor shall pay each laborer, workman or mechanic in accordance with State and Federal Prevailing Wage Rates and the California Labor Code. These wage rates are hereby made a part of this contract:

State General Prevailing Wage Determinations in effect on date advertised General prevailing wage determination
Journeyman and Apprentice Prevailing Wage Rates can be accessed at the following websites:
https://www.dir.ca.gov/oprl/DPreWageDetermination.html
And http://www.dir.ca.gov/das/publicworks.html
Reference: Labor Code http://www.labor.ca.gov/laborlawreg.htm Electronic Certified Payroll Records
 All contractors must furnish electronic certified payroll records to the Labor Commissioner using the online eCPR data system
 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].  No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.  This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
 The contractor shall post job site notices prescribed by regulation. (See 8 Calif. Code Reg. §16451(d) 12 PART B

GENERAL CONDITIONS
Article
Number Title
1 Definitions
2 Preliminary Matters
3 Correlation, Interpretation and Intent of Contract Documents 4 Availability of Lands; Physical Conditions; Reference Points 5 Bonds of Insurance
6 Contractor's Responsibilities
7 Work by Others
8 Owner's Responsibilities
9 Engineer's Status During Construction
10 Changes in the Work
11 Change of the Contract Price
12 Change of the Contract Time
13 Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of Defective Work
14 Payments and Completion
15 Suspension of Work and Termination
16 Arbitration
17 Miscellaneous
13 INDEX TO GENERAL CONDITIONS
Article or Paragraph
Number
Access to the Work 13.5
Addenda--definition of (see definition of Specifications) 1 Agreement--definition of 1
Agreement, Execution of 2.1
Application for Payment--definition of 1
Application for Payment, Final 14.12
Application for Progress Payment 14.2
Approval of Final Payment 14.13, 14.14
Approval of Payments--in general 14.4 thru 14.7.5
Arbitration 16
Availability of Lands 4.1
Award--Notice of--defined 1
Before Starting Construction 2.7 thru 2.9
Bid--definition 1
Bidder--definition 1
Bonds, Additional and Insurance 5.12
Bonds and Insurance--in general 5
Bonds--definition of 1
Bonds, Delivery of 2.2
Bonds, Performance and Payment 5.1, 5.2
Cash Allowances 11.9
Change Order--definition of 1
Changes in the Work 10
Claims, Waiver of 14.16
Clarifications and Interpretations 9.3
Cleaning 6.29
Completion, Payments and 14
Completion, Substantial 14.8, 14.9
Contract Documents--definition of 1
Contract Price, Change of 11
Contract Price--definition of 1
Contract Time, Change of 12
Contract Time--Commencement of 2.5
Contract Time--definition of 1
Contractor--definition of 1
Contractor May Stop Work or Terminate 15.5
Contractor, Neglected Work by 13.12
Contractor's Continuing Obligation 14.15
Contractor's Fee 11.6
Contractor's Liability Insurance 5.3
Contractor's Pre-Start Representations 2.4
Contractor's Responsibilities--in general 6
Contractor's Warranty of Title 14.3
Copies of Documents 2.3
Correction or Removal of Defective Work 13.9
Correction Period, One Year 13.10
Correction, Removal or Acceptance of Defective Work--in general 13 Correlation, Interpretation and Intent of Contract Documents 3 Cost of Work 11.4, 11.5
14 Costs, Supplemental 11.4.5
Day--definition of 1
Defective Work, Acceptance of 13.11
Defective Work, Correction or Removal of 13.9
Defective Work--definition of 9.4
Defective Work--in general 13
Defective Work, Rejecting 9.4
Definitions 1
Delivery of Bonds 2.2
Disagreements, Decisions by Engineer 9.9, 9.10
Documents, Copies of 2.3
Drawings--definition of 1
Drawings, Record 6.19
Emergencies 6.22
Engineer--definition of 1
Engineer's Responsibilities, Limitations on 9.11 thru 9.13 Engineer's Status During Construction--in general 9
Execution of Agreement 2.1

Fee, Contractor's 11.6
Field Order--definition of 1
Field Order--issued by Engineer 10.2
Final Acceptance for Payment 14.12
Final Inspection 14.11
Final Payment, Approval of 14.13, 14.14
General--Miscellaneous Provisions 17.3 thru 17.7
Giving Notice 17.1
Guarantee 13.1
Indemnification 6.30 thru 6.32
Inspection, Final 14.11
Inspection, Tests and 13.2, 13.3
Insurance--Additional Bonds and 5.12
Insurance, Bonds and--in general 5
Insurance--Certificates of 2.9 and 5
Insurance, Contractor's Liability 5.3
Insurance, OWNER's Liability 5.4
Insurance, Property 5.5 thru 5.11
Interpretations and Clarifications 9.3
Labor, Materials and Equipment 6.3 thru 6.6
Laws and Regulations 6.15
Limitations on Engineer's Responsibilities 9.11 thru 9.13 Local Conditions--Contractor's familiarity with 2.4
Materials and Equipment--furnished by Contractor 6.3
Materials or Equipment, Substitute 6.7
Miscellaneous Provisions 17
Modification--definition of 1

Neglected Work by Contractor 13.12
Notice, Giving of 17.1
Notice of Award--definition of 1
Notice to Proceed--definition of 1
15 Notice to Proceed--giving of 2.5
"Or-Equal" Items 6.7
OWNER--definition of 1
OWNER May Stop Work 13.8
OWNER May Suspend Work, Terminate 15.1 thru 15.4
OWNER's Liability Insurance 5.4
OWNER's Representative--Engineer to serve as 9.1
OWNER's Responsibilities--in general 8
Partial Utilization 14.10
Patent Fees and Royalties 6.13
Payments and Completion--in general 14
Payments, Approval of 14.4 thru 14.7.5
Performance, Payment and other Bonds 5.1 thru 5.2
Permits 6.14, 6.15
Physical Conditions--Surveys and Reports 4.2
Physical Conditions, Unforeseen 4.3
Preconstruction Conference 2.9
Premises, Use of 6.17, 6.18
Price--Change of Contract 11
Price--Contract--definition of 1
Progress Payment, Applications for 14.2
Progress Schedule 2.8, 14.1
Project--definition of 1
Project Representative, Resident--definition of 1
Project Representative, Resident--provision of 9.8
Project, Starting 2.6
Property Insurance 5.5 thru 5.11
Protection, Safety and 6.20 thru 6.21
Record Drawings 6.19
Reference Points 4.4
Regulations, Laws and 6.15
Rejecting Defective Work 9.4
Removal or Correction of Defective Work 13.9
Resident Project Representative--definition of 1
Resident Project Representative--provision of 9.8
Responsibilities, Contractor's 6
Responsibilities, OWNER's 8
Royalties, Patent Fees and 6.13
Safety and Protection 6.20 thru 6.21
Samples 6.23
Schedule of Shop Drawings Submissions 2.8, 14.1
Schedule of Values 14.1
Shop Drawings and Samples 6.23 thru 6.28
Shop Drawings--definition of 1
Site inspection--by Contractor 2.8
Site, Visits to--by Engineer 9.2
Specifications--definition of 1
Starting Construction, Before 2.7 thru 2.9
Stopping Work--by Contractor 15.5
Stopping Work--by OWNER 13.8
Subcontractor--definition of 1
Subcontractors--in general 6.8 thru 6.12
Substantial Completion--certification of 14.8
16 Substantial Completion--definition of 1
Substitute Materials or Equipment 6.7
Subsurface Conditions 4.2, 4.3
Supplemental Costs 11.4.5
Surety--consent to payment 14.12, 14.14
Surety--qualification of 5.1, 5.2
Suspending Work, by OWNER 15.1
Suspension of Work and Termination--in general 15
Superintendent--Contractor's 6.2
Supervision and Superintendence 6.1, 6.2
Taxes 6.16
Termination--by Contractor 15.5
Termination--by OWNER 15.2 thru 15.4
Termination, Suspension of Work and--in general 15
Tests and Inspections 13.2, 13.3, 13.7
Time, Change of Contract 12
Time, Computation of 17.2
Time, Contract--definition of 1
Uncovering Work 13.6, 13.7
Use of Premises 6.17, 6.18
Values, Schedule of 14.1
Visits to Site--by Engineer 9.2
Waiver of Claims 14.16
Warranty and Guarantee--by Contractor 13.1
Warranty of Title, Contractor's 14.3
Work, Access to 13.5
Work by Others--in general 7
Work, Cost of 11.4
Work--definition of 1
Work, Neglected by Contractor 13.12
Work, Stopping by Contractor 15.5
Work, Stopping by OWNER 15.1 thru 15.4
17 GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS
Whenever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof:

Agreement - The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement.

Application for Payment - The form furnished by ENGINEER which is to be used by CONTRACTOR in requesting progress payments and which is to include the schedule of values required by paragraph 14.1 and an affidavit of CONTRACTOR that progress payments therefore received on account of the Work have been applied by CONTRACTOR to discharge in full all of CONTRACTOR's obligations reflected in prior Applications for Payment.

Bid - The offer or proposal of the Bidder submitting on the prescribed form setting forth the prices for the Work to be performed.

Bidder - Any person, firm, or corporation submitting a Bid for the Work.

Bonds - Bid, performance, and payment bonds and other instruments of security, furnished by CONTRACTOR and his surety in accordance with the Contract Documents.

Change Order - A written order to CONTRACTOR signed by OWNER authorizing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement.

Contract Documents - The Agreement, Addenda (whether issued prior to the opening of Bid or the execution of the Agreement), Instructions to Bidders. CONTRACTOR's Bid, the Bonds, the Notice of Award, these General Conditions, the Supplementary Conditions, the Specifications, Drawings and Modifications.

Contract Price - The total moneys payable to CONTRACTOR under the Contract Documents.

Contract Time - The number of days stated in the Agreement for the completion of the Work, computed as provided in paragraph 17.2.

CONTRACTOR - The person, firm, or corporation with whom OWNER has executed the Agreement.

Day - A calendar day of twenty-four hours measured from midnight to the next midnight.

Drawings - The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents.

ENGINEER - The person, firm or corporation named as such in the Agreement.

Field Order - A written order issued by ENGINEER which clarifies or interprets the Contract Documents in accordance with paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2.

Modification - (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order, (c) 18 a written clarification or interpretation issued by ENGINEER in accordance with paragraph 9.3, or (d) a written order for a minor change or alteration in the Work issued by ENGINEER pursuant to paragraph 10.2. A Modification may only be issued after execution of the Agreement.

Notice of Award - The written notice by OWNER to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by him within the time specified, OWNER will execute and deliver the Agreement to him.

Notice to Proceed - A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform his obligations under the Contract Document.

OWNER - A public body or authority, corporation, association, partnership, or individual for whom the Work is to be performed.

Project - The entire construction to be performed as provided in the Contract Documents.

Resident Project Representative - The authorized representative of ENGINEER who is assigned to the Project site or any part thereof.

Shop Drawings - All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor and which illustrate the equipment, material, or some portion of the Work.

Specifications - Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the Work. The specifications are customarily organized in 16 divisions in accordance with the Uniform System for Construction Specifications endorsed by the Construction Specifications Institute. [Note: the term "Technical Provisions" formerly described what is now referred to as the Specifications. For uniformity with the usage of other professional societies the term "Project Manual" is used to describe the volume formerly referred to as "The Specifications." The Project Manual contains documents concerning bidding requirements which in general govern relationships prior to the execution of the Agreement (such as the Invitation to Bid, Instructions to Bidders and Notice of Award) and the other portions of the Contract Documents.]
Subcontractor - An individual, firm, or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site.

Substantial Completion - The date as certified by ENGINEER when the construction of the Project or a specified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project or specified part can be utilized for the purpose for which it was intended: or if there be no such certification, the date when final payment is due in accordance with paragraph 14.13.

Work - Any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned to or undertaken by CONTRACTOR under the Contract Documents, including all labor, materials, equipment and other incidentals, and the furnishing thereof. 19 ARTICLE 2 - PRELIMINARY MATTERS

Execution of Agreement:

2.1 At least three counterparts of the Agreement and such other Contract Documents as practicable will be executed and delivered by CONTRACTOR to OWNER within fifteen days of the Notice of Award: and OWNER will execute and deliver one counterpart to CONTRACTOR within ten days of receipt of the executed Agreement from CONTRACTOR. ENGINEER will identify those portions of the Contract Documents not so signed and such identification will be binding on all parties. OWNER, CONTRACTOR, and ENGINEER shall each receive an executed counterpart of the Contract Documents and additional conformed copies as required.

Delivery of Bonds:

2.2 When he delivers the executed Agreement to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as he may be required to furnish in accordance with paragraph 5.1.

Copies of Documents:

2.3 OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise provided in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work.

Additional copies will be furnished, upon request, at the cost of reproduction.

Contractor's Pre-Start Representations:

2.4 CONTRACTOR represents that he has familiarized himself with, and assumes full responsibility for having familiarized himself with, the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that may in any manner affect performance of the Work, and represents that he has correlated his study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that he has studied all surveys and investigation reports of subsurface and latent physical conditions referred to in the General Requirements (Division 1) of the Specifications and made such additional surveys and investigations as he deems necessary for the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents.

Commencement of Contract Time: Notice to Proceed:

2.5 The Contact Time will commence to run on the thirtieth day after the day on which the executed Agreement is delivered by OWNER to CONTRACTOR: or if Notice to Proceed is given, on the day indicated in the Notice to Proceed; but in no event shall the Contract Time commence to run later than the ninetieth day after the day of Bid opening or the thirtieth day after the day on which OWNER delivers the executed Agreement to CONTRACTOR. A Notice to Proceed may be given at any time within thirty days after the day on which OWNER delivers the executed Agreement to CONTRACTOR.

Starting the Project:

2.6 CONTRACTOR shall start to perform his obligations under the Contract Documents on the date when the Contract Time commences to run. No Work shall be done at the site prior to the date on which the Contract Time commences to run.
20 Before Starting Construction:

2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements.

He shall at once report in writing to ENGINEER any conflict, error, or discrepancy which he may discover, however, he shall not be liable to OWNER or ENGINEER for his failure to discover any conflict, error, or discrepancy in the Drawings or Specifications.

2.8 Within ten days after delivery of the executed Agreement by OWNER to CONTRACTOR, CONTRACTOR shall submit to ENGINEER for approval, an estimated progress schedule indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing submissions.

2.9 Before starting the Work at the site, CONTRACTOR shall furnish OWNER and ENGINEER certificates of insurance as required by Article 5. Within twenty days after delivery of the executed Agreement by OWNER to CONTRACTOR, but before starting the Work at the site, a conference will be held to review the above schedules to establish procedures for handling Shop Drawings and other submissions and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be OWNER or his representative, ENGINEER, Resident Project Representatives, CONTRACTOR, and his Superintendent.

ARTICLE 3 - CORRELATION, INTERPRETATION, AND INTENT OF

CONTRACT DOCUMENTS

3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Agreement between OWNER and CONTRACTOR. They may be altered only by a Modification.

3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all.

The CONTRACTOR finds a conflict, error, or discrepancy in the Contract Documents, he shall call it to ENGINEER's attention in writing at once and before proceeding with the Work affected thereby; however, he shall not be liable to OWNER or ENGINEER for his failure to discover any conflict, error, or discrepancy in the Specifications or Drawings. In resolving such conflicts, errors, or discrepancies, the documents shall be given precedence in the following order: Agreement, Modifications, Addenda, Supplementary Conditions, Specifications and Drawings. Figure dimensions on Drawings shall govern over scale dimensions, and detailed Drawings shall govern over general Drawings. Any Work that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. Work, materials, or equipment described in words which so applied have a well-known technical or trade meaning shall be deemed to refer to such recognized standards.

ARTICLE 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS;

REFERENCE POINTS

Availability of Lands:

4.1 OWNER shall furnish, as indicated in the Contract Documents and not later than the date when needed 21 by CONTRACTOR, the lands upon which the Work is to be done, rights-of-way thereto, and such other lands which are designated for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise specified in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands or easements entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Article 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.

Physical Conditions - Surveys and Reports:

4.2 Reference is made to the General Requirements (Division 1) of the Specifications for identification of those surveys and investigation reports of subsurface and latent physical conditions at the Project site or otherwise affecting performance of the Work which have been relied upon by ENGINEER in preparation of the Drawings and Specifications.

Unforeseen Physical Conditions:

4.3 CONTRACTOR shall promptly notify OWNER and ENGINEER in writing of any subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. ENGINEER will promptly investigate those conditions and advise OWNER in writing if further surveys or subsurface tests are necessary. Promptly thereafter, OWNER shall obtain the necessary additional surveys and tests and furnish copies to ENGINEER and CONTRACTOR. If ENGINEER finds that the results of such surveys or tests indicate that there are subsurface or latent physical conditions which differ materially from those intended in the Contract Documents, and which could not reasonably have been anticipated by CONTRACTOR, a Change Order shall be issued incorporating the necessary revisions.

Reference Points:

4.4 OWNER shall provide engineering surveys for construction to establish reference points which in his judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for surveying and laying out the Work (unless otherwise provided in the Supplementary Conditions), and shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. He shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations. CONTRACTOR shall replace and accurately relocate all reference points so lost, destroyed, or moved.

ARTICLE 5 - BONDS AND INSURANCE
Performance and Payment Bonds:

5.1 Upon execution of the contract agreement, CONTRACTOR shall also provide, at his own expense, a separate Payment bond, in an amount equal to at least 100 percent of the contract price, as security for payment of all persons performing labor and furnishing materials regarding the contract. This payment bond must remain in full force and effect until the work is accepted by the City and until all claims for materials and labor are paid and shall 22 otherwise comply with civil code. Sureties for these bonds shall be satisfactory to the City Attorney.

Should any bond become insufficient, CONTRACTOR shall renew the bond within 10 working days after receipt of notice from the City.

Should any surety at any time be unsatisfactory to the City, a notice will be given to CONTRACTOR to that effect.

No further payments shall be deemed due or will be made under said agreement until a new surety shall qualify and be accepted by the City.

Changes in said agreement or extensions of time, made pursuant to the agreement, shall in no way release CONTRACTOR or surety from its obligations. Notice of such changes or extensions shall be waived by the surety.

Contractor's Liability Insurance:

5.2 CONTRACTOR shall purchase and maintain such insurance as will protect him from claims under workman's compensation laws, disability benefit laws, or other similar employee benefit laws; from claims for damages because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage; and from claims for injury to or destruction of tangible property, including loss of use resulting therefrom – any or all of which may arise out of or result from CONTRACTOR's operations under the Contract Documents, whether such operations be by himself or by any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be legally liable. This insurance shall include the specific coverages and be written for not less than any limits of liability and maximum deductibles specified in the Supplementary Conditions or General Requirements (Division 1) or required by law, whichever is greater, shall include parties. Before starting Work, CONTRACTOR shall file with OWNER and ENGINEER certificates of such insurance, acceptable to OWNER; these certificates shall contain a provision that the coverage afforded under the policies will not be cancelled or materially changed until at least fifteen days prior written notice has been given to OWNER and ENGINEER.

Any deductibles or self-insured retentions must be declared to and approved by the OWNER. At the option of the OWNER, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the OWNER, its officers, officials, employees and volunteers; or the CONTRACTOR shall provide a financial guarantee satisfactory to the OWNER guaranteeing payment of losses and related investigations, claim administration and defense expenses.

The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The ENGINEER and the OWNER, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONTRACTOR; and with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the CONTRACTOR's insurance.

2. For any claims related to this project, the CONTRACTOR's insurance coverage shall be primary insurance as respects the ENGINEER and the OWNER, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the ENGINEER and the OWNER, its officers, officials, employees, or volunteers 23 shall be excess of the CONTRACTOR's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall be cancelled by either party, except after fifteen (15) days prior written notice by certified mail, return receipt requested, has been given to the OWNER and the ENGINEER.

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

Insurance is to be placed with a current A.M. Best's rating of no less than A:VII.

CONTRACTOR shall furnish the OWNER with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the OWNER or on other than the OWNER's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the OWNER before work commences. The OWNER reserved the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

CONTRACTOR shall include all Subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to all of the requirements stated herein.

OWNER's Liability Insurance:

5.4 OWNER shall be responsible for purchasing and maintaining his own liability insurance and, at his option, may purchase and maintain such insurance as will protect him against claims which may arise from operations under the Contract Documents.

Property Insurance:

5.5 Unless otherwise provided, OWNER shall purchase and maintain property insurance upon the Project to the full insurable value hereof. This insurance shall include the interests of OWNER, CONTRACTOR, and Subcontractors in the Work, shall insure against the perils of Fire, Extended Coverage, Vandalism, and Malicious Mischief, and such other perils as may be specified in the Supplementary Conditions or General Requirements (Division 1), and shall include damages, losses, and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including fees and charges of engineers, architects, attorneys, and other professionals).

5.6 OWNER shall purchase and maintain such steam boiler and machinery insurance as may be required by the Supplementary Conditions or by law. This insurance shall include the interests of OWNER, CONTRACTOR, and Subcontractors in the Work.

5.7 Any insured loss under the policies of insurance required by paragraphs 5.5 and 5.6 is to be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.11.

5.8 OWNER shall file a copy of all policies with CONTRACTOR before an exposure to loss may occur. If 24 OWNER does not intend to purchase such insurance, he shall inform CONTRACTOR in writing prior to commencement of the Work. CONTRACTOR may then effect insurance which will protect the interests of himself and his Subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to OWNER.

If CONTRACTOR is damaged by failure of OWNER to purchase or maintain such insurance and so to notify CONTRACTOR, then OWNER shall bear reasonable costs properly attributable thereto.

5.9 If CONTRACTOR requests in writing that other special insurance be included in the property insurance policy, OWNER shall, if possible, include such insurance and the cost thereof shall be charged to CONTRACTOR by appropriate Change Order.

5.10 OWNER and CONTRACTOR waive all rights against each other for damages caused by fire or other perils to the extent covered by insurance provided under paragraphs 5.5 through 5.11, inclusive, except such rights as they may have to the proceeds of such insurance held by OWNER as trustee. CONTRACTOR shall require similar waivers by Subcontractors in accordance with paragraph 6.12.

5.11 OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within five days after the occurrence of loss to OWNER's exercise of this power, and if such objection be made, arbitrators shall be chosen as provided in Article 16. OWNER as trustee shall, in that case, make settlement with the insurers in accordance with the directions of such arbitrators. If distribution of the insurance proceeds by arbitration is required, the arbitrators will direct such distribution.

Additional Bonds and Insurance:

5.12 Prior to delivery of the executed Agreement by OWNER to CONTRACTOR, OWNER may require CONTRACTOR to furnish such other Bonds and such additional insurance, in such form and with such sureties or insurers as OWNER may require. If such other Bonds or such other insurance are specified by written instructions given prior to opening of Bids, the premiums shall be paid by CONTRACTOR; if subsequent thereto, they shall be paid by OWNER (except as otherwise provided in paragraph 6.7).

ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES

Supervision and Superintendence:

6.1 CONTRACTOR shall supervise and direct the Work efficiently and with his best skill and attention. He shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but he shall not be solely responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence, or procedure of construction which is indicated in and required by the Contract Documents.

CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents.

6.2 CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR.
25 Labor, Materials, and Equipment:

6.3 CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform personnel to survey and lay out the Work and perform construction as required by the Contact Documents. He shall at all times maintain good discipline and order at the site.

6.4 CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment, and machinery, tools, appliances, fuel, power, light, heat, telephone, water, and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation, and completion of the Work.

6.5 All materials and equipment shall be new, except as otherwise provided in the Contract Documents. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

6.6 All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as otherwise provided in the Contract Documents.

Substitute Materials or Equipment:

7.1 If the General Requirements (Division 1 of the Specifications), law, ordinance, or applicable rules or regulations permit CONTRACTOR to furnish or use a substitute that is equal to any material or equipment specified, and if CONTRACTOR wishes to furnish or use a proposed substitute, he shall, prior to the conference called for by paragraph 2.9 (unless another time is provided in the General Requirements), make written application to ENGINEER for approval of such substitute certifying in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified; stating whether or not its incorporation in or use in connection with the Project is subject to the payment of any license fee or royalty; and identifying all variations of the proposed substitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without the written approval of ENGINEER who will be the judge of equality and may require CONTRACTOR to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as OWNER may require which shall be furnished at CONTRACTOR's expense.

Concerning Subcontractors:

6.8 CONTRACTOR shall not employ any Subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. A Subcontractor or other person or organization identified in writing to OWNER and ENGINEER by CONTRACTOR prior to the Notice of Award and not objected to in writing by OWNER or ENGINEER prior to the Notice of Award will be deemed acceptable to OWNER and ENGINEER. Acceptance of any Subcontractor, other person or organization by OWNER or ENGINEER shall not constitute a waiver of any right of OWNER or ENGINEER to reject defective Work or Work not in conformance with the Contract Documents. If OWNER or ENGINEER after due investigation has reasonable objection to any Subcontractor, other person or organization proposed by CONTRACTOR after the Notice of Award.

CONTRACTOR shall submit an acceptable substitute and the Contract Price shall be increased or decreased by the 26 difference in cost occasioned by such substitution, and an appropriate Change Order shall be issued. CONTRACTOR shall not be required to employ any Subcontractor, other person or organization against whom he has reasonable objection. CONTRACTOR shall not without the consent of OWNER and ENGINEER make any substitution for any Contractor, other person or organization who has been accepted by OWNER and ENGINEER unless ENGINEER determines that there is good cause for doing so.

6.9 CONTRACTOR shall be fully responsible for all acts and omissions of his Subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that he is responsible for the acts and omissions of persons directly employed by him. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of OWNER or ENGINEER or pay or to see to the payment of any moneys due any Subcontractor or other person or organization, except as may otherwise be required by law. OWNER or ENGINEER may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account of specific Work done in accordance with the schedule of values.

6.10 The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or delineating the Work to be performed by any specific trade.

6.11 CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER.

6.12 All Work performed for CONTRACTOR by a Subcontractor shall be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which shall contain provisions that waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by insurance provided in accordance with paragraphs 5.5 through 5.11, inclusive, except such rights as they may have to the proceeds of such insurance held by OWNER as trustee under paragraph 5.9. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR under paragraph 5.5 through 5.11, inclusive.

Patent Fees and Royalties:

6.13 CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work of an invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses, and expenses (including attorneys' fees) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights.

Permits:
27 6.14 CONTRACTOR shall obtain and pay for all construction permits and licenses and shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses.

CONTRACTOR shall also pay all public utility charges.

Laws and Regulations:

6.15 CONTRACTOR shall give all notices and comply with all laws, ordinances, rules, and regulations applicable to the Work. If CONTRACTOR observes that the Specifications and Drawings are at variance therewith, he shall give ENGINEER prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate Modification. If CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules, and regulations, and without such notice to ENGINEER, he shall bear all costs arising therefrom; however, it shall not be his primary responsibility to make certain that the Specifications and Drawings are in accordance with such laws, ordinances, rules, and regulations.

Taxes:

6.16 CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by him in accordance with the law of the place where the Work is to be performed.

Use of Premises:

6.17 CONTRACTOR shall confine his equipment, the storage of materials and equipment, and the operations of his workmen to areas permitted by law, ordinances, permits, or the requirements of the Contract Documents, and shall not unreasonably encumber the premises with materials or equipment.

6.18 CONTRACTOR shall not load nor permit any part of any structure to be loaded with weights that will endanger the structure, nor shall he subject any part of the Work to stresses or pressures that will endanger it.

Record Drawings:

6.19 CONTRACTOR shall keep one record copy of all Specifications, Drawings, Addenda, Modifications, and Shop Drawings at the site in good order and annotated to show changes made during the construction process.

These shall be available to ENGINEER and shall be delivered to him for OWNER upon completion of the Project. [Note: Further provisions in respect of such record drawings may be included in the General Requirements (Division 1).]
Safety and Protection:

6.20 CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. He shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to:

6.20.1 all employees on the Work and other persons who may be affected thereby,

6.20.2 all the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site and
28 6.20.3 other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction.

CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss. He shall erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for its safety and protection. He shall notify OWNERs of adjacent utilities when prosecution of the Work may affect them. All damage, injury, or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR: except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR. CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that Work is acceptable

6.21 CONTRACTOR shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to OWNER.

Emergencies:

6.22 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from ENGINEER or OWNER, is obligated to act, at his discretion, to prevent threatened damage, injury, or loss. He shall give ENGINEER prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby, and a Change Order shall thereupon be issued covering the changes and deviations involved. If CONTRACTOR believes that additional work done by him in any emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles 11 and

12. Shop Drawings and Samples:

6.23 After checking and verifying all field measurements. CONTRACTOR shall submit to ENGINEER for approval, in accordance with the accepted schedule of Shop Drawing submissions (see paragraph 2.8) five copies (or at ENGINEER's option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of CONTRACTOR and identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to dimensions, design criteria, materials of construction, and the like to enable ENGINEER to review the information as required.

6.24 CONTRACTOR shall also submit to ENGINEER for approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples will have been checked by and stamped with the approval of CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended.
29 6.25 At the time of submission, CONTRACTOR shall in writing call ENGINEER's attention to any deviations that the Shop Drawing or sample may have from the requirements of the Contract Documents.

6.26 ENGINEER will review and approve with reasonable promptness Shop Drawings and samples, but his review and approval shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make any corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until approved.

CONTRACTOR shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections called for by ENGINEER on previous submissions. CONTRACTOR's stamp of approval on any Shop Drawing or sample shall constitute a representation to OWNER and ENGINEER that CONTRACTOR has either determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data or he assumes full responsibility for doing so, and that he has reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents.

6.27 Where a Shop Drawing or sample submission is required by the Specifications, no related Work shall be commenced until the submission has been approved by ENGINEER. A copy of each approved Shop Drawing and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to ENGINEER.

6.28 ENGINEER's approval of Shop Drawings or samples shall not relieve CONTRACTOR from his responsibility for any deviations from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to such deviation at the time of submission and ENGINEER has given written approval to the specific deviation, nor shall any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings.
[Note: Further provisions in respect to Shop Drawings and samples may be included in the General Requirements (Division 1).]
Cleaning:

6.29 CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish, and other debris resulting from the Work, and at the completion of the Work he shall remove all waste materials, rubbish, and debris from and about the premises as well as all tools, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to their original condition those portions of the site not designated for alteration by the Contract Documents. [Note: Further provisions in respect to cleaning may be included in the General Requirements (Division 1).] Indemnification:

6.30 CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their agents and employees from and against all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified 30 hereunder.

6.31 In any and all claims against OWNER or ENGINEER or any of their agents or employees by an employee of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.30 shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts.

6.32 The obligations of CONTRACTOR under paragraph 6.30 shall not extend to the liability of ENGINEER, his agents, or employees arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to give directions or instructions by ENGINEER, his agents, or employees provided such giving or failure to give is the primary cause of injury or damage.

ARTICLE 7 - WORK BY OTHERS

7.1 OWNER may perform additional work related to the Project by himself, or he may let other direct contracts therefore which shall contain General Conditions similar to these. CONTRACTOR shall afford the other CONTRACTOR'S who are parties to such direct contracts (or OWNER, if he is performing the additional work himself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate his Work with theirs.

7.2 If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor (or OWNER), CONTRACTOR shall inspect and promptly report to ENGINEER in writing any defects or deficiencies in such work that render it unsuitable for such proper execution and results. His failure so to report shall constitute an acceptance of the other work as fit and proper for the relationship of his Work except as to defects and deficiencies which may appear in the other work after the execution of his Work.

7.3 CONTRACTOR shall do all cutting, fitting, and patching of his Work that may be required to make its several parts come together properly and fit it to receive or be received by such other work. CONTRACTOR shall not endanger any work by others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and of the other CONTRACTOR'S whose work will be affected.

7.4 If the performance of additional work by other CONTRACTOR'S or OWNER is not noted in the Contract Documents prior to the execution of the contract, written notice thereof shall be given to CONTRACTOR prior to starting any such additional work. If CONTRACTOR believes that the performance of such additional work by OWNER or others involves him in additional expenses or entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Articles 11 and 12.

ARTICLE 8 - OWNER'S RESPONSIBILITIES

8.1 OWNER shall issue all communications to CONTRACTOR through ENGINEER. 31 8.2 In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objections, whose status under the Contract Documents shall be that of the former ENGINEER. Any dispute in connection with such appointment shall be subject to arbitration.

8.3 OWNER shall furnish the data required of him under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraph 14.4 and 14.13.

8.4 OWNER's duties in respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of surveys and investigation reports of subsurface and latent physical conditions at the site or otherwise affecting performance of the Work which have been relied upon by ENGINEER in preparing the Drawings and Specifications.

8.5 OWNER's responsibilities in respect of liability and property insurance are set forth in paragraph 5.4 and

5.5. 8.6 In addition to his rights to request changes in the Work in accordance with Article 10, OWNER (especially in certain instances as provided in paragraph 10.4) shall be obligated to execute Change Orders.

8.7 OWNER's responsibility in respect of certain inspections, tests, and approvals is set forth in paragraph

13.2. 8.8 In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.8 and 15.1.

Paragraph 15.2 deals with the OWNER's right to terminate services of CONTRACTOR under certain circumstances. 32 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION

OWNER's Representative:

9.1 ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in Articles 1 through 17 of these General Conditions and shall not be extended without written consent of OWNER and ENGINEER.

Visits to Site:

9.2 ENGINEER will make periodic visits to the site to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. He will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. His efforts will be directed toward providing assurance for OWNER that the completed Project will conform to the requirements of the Contract Documents. On the basis of his on-site observations as an experienced and qualified design professional, he will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work of CONTRACTOR'S.

Clarifications and Interpretations:

9.3 ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as he may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation entitles him to an increase in the Contract Price, he may make a claim therefore as provided in Article 11.

Rejecting Defective Work:

9.4 ENGINEER will have authority to disapprove or reject Work which is "defective" (which term is hereinafter used to describe Work that is unsatisfactory, faulty, or defective, or does not conform to the requirements of the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in paragraph 13.2 or has been damaged prior to approval of final payment). He will also have authority to require special inspection or testing of the Work as provided in paragraph 13.7, whether or not the Work is fabricated, installed, or completed.

Shop Drawings, Change Orders and Payments:

9.5 In connection with ENGINEER's responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.28 inclusive.

9.6 In connection with ENGINEER's responsibility for Change Orders, see Articles 10, 11, and 12. 33 9.7 In connection with ENGINEER's responsibilities in respect of Applications for Payment, etc., see Article

14. Resident Project Representative:

9.8 If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative and assistants to assist ENGINEER in carrying out his responsibilities at the site. The duties, responsibilities, and limitations of authority of any such Resident Project Representative and assistants shall be as set forth in an exhibit to be incorporated in the Contract Documents.

Decisions on Disagreements:

9.9 ENGINEER will be the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder. In his capacity as interpreter and judge he will exercise his best efforts to insure faithful performance by both OWNER and CONTRACTOR. He will not show partiality to either and will not be liable for the result of any interpretation or decision rendered in good faith. Claims, disputes, and other matters relating to the execution of or performance under the Contract Documents shall be referred to ENGINEER for decision; which he will render in writing within a reasonable time.

9.10 Either OWNER or CONTRACTOR may demand arbitration with respect to any such claim, dispute or other matter that has been referred to ENGINEER, except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.16, such arbitration to be in accordance with Article 14.16, such arbitration to be in accordance with Article 16. However, no demand for arbitration of any such claim, dispute, or other matter shall be made until the earlier of (a) the date on which ENGINEER has rendered his decision or (b) the tenth day after the parties have presented their evidence to ENGINEER if he has not rendered his written decision before that date. No demand for arbitration shall be made later than thirty days after the date on which ENGINEER rendered his written decision in respect to the claim, dispute, or other matter as to which arbitration is sought; and the failure to demand arbitration within said thirty days' period shall result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but shall not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned.

Limitations on ENGINEER's Responsibilities:

9.11 Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by him in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Subcontractor, any materialman, fabricator, supplier, or any of their agents or employees any other person performing any of the Work.

9.12 ENGINEER will not be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and he will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents.

9.13 ENGINEER will not be responsible for the acts or omissions of CONTRACTOR, or any Subcontractors, or any of his or their agents or employees, or any other persons at the site or otherwise performing any of the Work. 34 ARTICLE 10 - CHANGES IN THE WORK

10.1 Without invalidating the Agreement, OWNER may, at any time or from time to time, other additions, deletions, or revisions in the Work; these will be authorized by Change Orders. Upon receipt of a Change Order, CONTRACTOR shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article 11 or Article 12 on the basis of a claim made by either party.

10.2 ENGINEER may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order. If CONTRACTOR believes that any minor change or alteration authorized by ENGINEER entitles him to an increase in the Contract Price, he may make a claim therefore as provided in Article 11.

10.3 Additional Work performed by CONTRACTOR without authorization of a Change Order will not entitle him to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.22 and except as provided in paragraphs 10.2 and 13.7.

10.4 OWNER shall execute appropriate Change Orders prepared by ENGINEER covering changes in the Work to be performed as provided in paragraph 4.3, and Work performed in an emergency as provided in paragraph

6.22 and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by ENGINEER.

10.5 It is CONTRACTOR's responsibility to notify his Surety of any changes affecting the general scope of the Work or change in the Contract Price and the amount of the applicable Bonds shall be adjusted accordingly.

CONTRACTOR shall furnish proof of such adjustment to OWNER.

ARTICLE 11 - CHANGE OF THE CONTRACT PRICE

11.1 The Contract Price constitutes the total compensation payable to CONTRACTOR for performing the Work. All duties, responsibilities, and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the Contract Price.

11.2 The Contract Price may only be changed by a Change Order. Any claim for an increase in the Contract Price shall be based on written notice delivered to OWNER and ENGINEER within fifteen days of the occurrence of the event giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered within forty-five days of such occurrence unless ENGINEER allows an additional period of time to ascertain accurate cost data. All claims for adjustments in the Contract Price shall be determined by ENGINEER if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. Any change in the Contract Price resulting from any such claim shall be incorporated in a Change Order.

11.3 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways:

11.3.1 Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved. 35 11.3.2 By mutual acceptance of a lump sum.

11.3.3 On the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a Contractor's Fee for overhead and profit (determined as provided in paragraph 11.6).

Cost of the Work:

11.4 The term Cost of the Work means the sum of all costs necessarily incurred and paid by the CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5:

11.4.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work.

Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foreman at the site. The expenses of performing work after regular working hours on Sunday or legal holidays shall be included in the above to the extent authorized by OWNER.

11.4.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained.

11.4.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to him and shall deliver such bids to OWNER who will then determine with the advice of ENGINEER, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Cost of the Work shall be determined in accordance with paragraphs 11.4 and 11.5. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable.

11.4.4 Costs of special consultants (including, but not limited to, engineers, architects, testing laboratories, surveyors, lawyers, and accountants) employed for services specifically related to the Work.

11.4.5 Supplemental costs including the following:

11.4.5.1 The proportion of necessary transportation, traveling, and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work.

11.4.5.2 Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which 36 remain the property of CONTRACTOR.

11.4.5.3 Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof--all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work.

11.4.5.4 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority.

11.4.5.5 Deposits lost for causes other than CONTRACTOR's negligence, royalty payments and fees for permits and licenses.

11.4.5.6 Losses, damages and expenses, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the execution of, and to, the Work, provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, he shall be paid for his services a fee proportionate to that stated in paragraph 11.6.2.

11.4.5.7 The cost of utilities, fuel and sanitary facilities at the site.

11.4.5.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work.

11.4.5.9 Cost of premiums for bonds and insurance which OWNER is required to pay in accordance with paragraph 5.12.

11.5 The term Cost of the Work shall not include any of the following:

11.5.1 Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in his principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in subparagraph 11.4.1--all of which are to be considered administrative costs covered by the Contractor's Fee.

11.5.2 Expenses of CONTRACTOR's principal and branch offices other than his office at the site.

11.5.3 Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments.

11.5.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in 37 subparagraph 11.4.5.9).

11.5.5 Costs due to negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property.

11.5.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4.

Contractor's Fee:

11.6 The Contractor's Fee which shall be allowed to CONTRACTOR for his overhead and profit shall be determined as follows:

11.6.1 a mutually acceptable fixed fee; or if none can be agreed upon,

11.6.2 a fee based on the following percentages of the various portions of the Cost of the Work:

11.6.2.1 for costs incurred under paragraphs 11.4.1 and 11.4.2, the Contractor's Fee shall be ten percent,

11.6.2.2 for costs incurred under paragraph 11.4.3, the Contractor's Fee shall be five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall be ten percent, and

11.6.2.3 no fee shall be payable on the tasks of costs itemized under paragraphs 11.4.4, 11.4.5 and

11.5. 11.7 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any.

11.8 Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will submit in form prescribed by ENGINEER an itemized cost breakdown together with supporting data.

Cash Allowance:

11.9 It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such materialmen, suppliers or Subcontractors and for such sums within the limit of the allowances as ENGINEER may approve. Upon final payment, the Contract Price shall be adjusted as required and an appropriate Change Order issued. CONTRACTOR agrees that the original Contract Price includes such sums as he deems proper for costs and profit on account of cash allowances. No demand for additional cost or profit in connection therewith will be allowed. 38 ARTICLE 12 - CHANGE OF THE CONTRACT TIME

12.1 The Contract Time may only be changed by a Change Order. Any claim for an extension in the Contract Time shall be based on written notice delivered to OWNER and ENGINEER within fifteen days of the occurrence of the event giving rise to the claim. Notice of the extent of the claim with supporting data shall be delivered within forty-five days of such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data. All claims for adjustment in the Contract Time shall be determined by ENGINEER if OWNER and CONTRACTOR cannot otherwise agree. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order.

12.2 The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CONTRACTOR if he makes a claim therefore as provided in paragraph 12.1. Such delays shall include, but not be restricted to, acts or neglect by any separate contractor employed by OWNER, fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God.

12.3 All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages (including compensation for additional professional services) for delay by either party.

39 ARTICLE 13 - WARRANTY AND GUARANTEE; TESTS AND
INSPECTIONS; CORRECTION, REMOVAL OF

ACCEPTANCE OF DEFECTIVE WORK

Warranty and Guarantee:

13.1 CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all materials and equipment will be new unless otherwise specified and that all Work will be of good quality and free from faults or defects and in accordance with the requirements of the Contract Documents and of any inspections, tests or approvals referred to in paragraph 13.2. All unsatisfactory Work, all faulty or defective Work, and all Work not conforming to the requirements of the Contract Documents at the time of acceptance thereof or of such inspections, test or approvals, shall be considered defective. Prompt notice of all defects shall be given to CONTRACTOR. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Article 13.

Tests and Inspections:

13.2 If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested, or approved by some public body, CONTRACTOR shall assume full responsibility therefore, pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection, testing or approval. All other inspections, tests and approvals required by the Contract Documents shall be performed by organizations acceptable to OWNER and CONTRACTOR and the costs thereof shall be borne by OWNER unless otherwise specified.

13.3 CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all inspections, tests or approvals. If any such Work required so to be inspected, tested or approved is covered without written approval of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation, and such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of his intention to cover such Work and ENGINEER has not acted with reasonable promptness in response to such notice.

13.4 Neither observations by ENGINEER nor inspections, tests or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR from his obligations to perform the Work in accordance with the requirements of the Contract Documents.

Access to Work:

13.5 ENGINEER and his representatives and other representatives of OWNER will at reasonable times have access to the Work. CONTRACTOR shall provide proper and safe facilities for such access and observation of the Work and also for any inspection or testing thereof by others.

Uncovering Work:

13.6 If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for his observation and replaced at CONTRACTOR's expense.

13.7 If any Work has been covered which ENGINEER has not specifically requested to observe prior to its being covered, or if ENGINEER considers it necessary or advisable that covered Work be inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, 40 material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, including compensation for additional professional services, and an appropriate deductive Change Order shall be issued. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction if he makes a claim therefore as provided in Articles 11, and 12.

OWNER May Stop the Work:

13.8 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment, or if CONTRACTOR fails to make prompt payments to Subcontractors or for labor, materials or equipment, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party.

Correction or Removal of Defective Work:

13.9 If required by ENGINEER prior to approval of final payment, CONTRACTOR shall promptly, without cost to OWNER and as specified by ENGINEER, either correct or defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with nondefective Work. If CONTRACTOR does not correct such defective Work or remove and replace such rejected Work within a reasonable time, all as specified in a written notice from ENGINEER, OWNER may have the deficiency corrected or the rejected Work removed and replaced. All direct or indirect costs of such correction or removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR, and an appropriate deductive Change Order shall be issued. CONTRACTOR shall also bear the expenses of making good all Work of others destroyed or damaged by his correction, removal or replacement of his defective Work.

One Year Correction Period:

13.10 If after the approval of final payment and prior to the expiration of one year after the date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with nondefective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR.

Acceptance of Defective Work:

13.11 If instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to approval of final payment, also ENGINEER) prefers to accept it, he may do so. In such case, if acceptance occurs prior to approval of final payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including appropriate reduction in the Contract Price; or, if the acceptance occurs after approval of final payment, an appropriate amount shall be paid by CONTRACTOR to OWNER. 41 Neglected Work by Contractor:

13.12 If CONTRACTOR shall fail to prosecute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, OWNER, after seven days' written notice to CONTRACTOR may, without prejudice to any other remedy he may have, make good such deficiencies and the cost thereof (including compensation for additional professional services) shall be charged against CONTRACTOR if ENGINEER approves such action, in which case a Change Order shall be issued incorporating the necessary revisions in the Contract Documents including an appropriate reduction in the Contract Price. If the payments then or thereafter due CONTRACTOR are not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER.

ARTICLE 14 - PAYMENTS AND COMPLETION

Schedules:

14.1 At least ten days prior to submitting the first Application for a progress payment, CONTRACTOR shall submit a progress schedule, a final schedule of Shop Drawing and a schedule of values of the Work. These schedules shall be satisfactory in form and substance to ENGINEER. The schedule of values shall include quantities and unit prices aggregating the Contract Price, and shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Upon approval of the schedules of values by ENGINEER, it shall be incorporated into the form of Application for Payment furnished by ENGINEER.

Application for Progress Payment:

14.2 At least ten days before such progress payment falls due (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such data and schedules as ENGINEER may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by such data, satisfactory to OWNER, as will establish OWNER's title to the material and equipment and protect his interest therein, including applicable insurance. Each subsequent Application for Payment shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied to discharge in full all of CONTRACTOR's obligations reflected in prior Applications for Payment.

Contractor's Warranty of Title:

14.3 CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER at the time of payment free and clear of all liens, claims, security interests and encumbrances (hereafter in these General Conditions referred to as "Liens").

Approval of Payments:

14.4 ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing 42 his approval of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing his reasons for refusing to approve payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. OWNER shall, within ten days of presentation to him of an approved Application for Payment, pay CONTRACTOR the amount approved by ENGINEER.

14.5 ENGINEER's approval of any payment requested in an Application for Payment will constitute a representation by him to OWNER, based on ENGINEER's on-site observations of the Work in progress as an experienced and qualified design professional and on his review of the Application for Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to the evaluation of the Work as a functioning Project upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that CONTRACTOR is entitled to payment of the amount approved. However, by approving any such payment ENGINEER will not thereby be deemed to have represented that he made exhaustive or continuous on-site inspections to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences, or procedures of construction, or that he has made any examination to ascertain how or for what purpose CONTRACTOR has used the moneys paid or to be paid to him on account of the Contract Price, or that title to any Work, materials or equipment has passed to OWNER free and clear of any Liens.

14.6 ENGINEER's approval of final payment will constitute an additional representation by him to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled.

14.7 ENGINEER may refuse to approve the whole or any part of any payment if, in his opinion, it would be incorrect to make such representations to OWNER. He may also refuse to approve any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously approved, to such extent as may be necessary in his opinion to protect OWNER from loss because:

14.7.1 the Work is defective, or completed Work has been damaged requiring correction or replacement,

14.7.2 claims or Liens have been filed or there is reasonable cause to believe such may be filed,

14.7.3 the Contract Price has been reduced because of Modifications,

14.7.4 OWNER has been required to correct defective Work or complete the Work in accordance with paragraph 13.11, or

14.7.5 of unsatisfactory prosecution of the Work, including failure to furnish acceptable submittals or to clean up.

Substantial Completion:

14.8 Prior to final payment, CONTRACTOR may, in writing to OWNER and ENGINEER, certify that the entire Project is substantially complete and request that ENGINEER issue a certificate of Substantial Completion.

Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Project to determine the status of completion. If ENGINEER does not consider the Project substantially complete, he will notify CONTRACTOR in writing giving his reasons therefore. If ENGINEER considers the Project 43 substantially complete, he will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion and the responsibilities between OWNER and CONTRACTOR for maintenance, heat and utilities. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment, and the certificate shall fix the time within which such items shall be completed or corrected, said time to be within the Contract Time. OWNER shall have seven days after receipt of the tentative certificate during which he may make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Project is not substantially complete, he will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating his reasons therefore. If, after consideration of OWNER's objections, ENGINEER considers the Project substantially complete, he will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as he believes justified after consideration of any objections from OWNER.

14.9 OWNER shall have the right to exclude CONTRACTOR from the Project after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Partial Utilization:

14.10 Prior to final payment, OWNER may request CONTRACTOR in writing to permit him to use a specified part of the Project which he believes he may use without significant interference with construction of the other parts of the Project. If CONTRACTOR agrees, he will certify to OWNER and ENGINEER that said part of the Project is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Project. Within a reasonable thereafter OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Project to determine its status of completion. If ENGINEER does not consider that it is substantially complete, he will notify OWNER and CONTRACTOR in writing giving his reasons therefore. If ENGINEER considers that part of the Project to be substantially complete, he will execute and deliver to OWNER and CONTRACTOR a certificate to that effect, fixing the date of Substantial Completion as to that part of the Project, attaching thereto a tentative list of items to be completed or corrected before final payment and fixing the responsibility between OWNER and CONTRACTOR for maintenance, heat and utilities as to that part of the Project.

OWNER shall have the right to exclude CONTRACTOR from any part of the Project which ENGINEER has so certified to be substantially complete, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Final Inspection:

14.11 Upon written notice from CONTRACTOR that the Project is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies.

Final Application for Payment:

14.12 After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection and other documents--all as required by the Contract Documents, he may make application for final payment following the 44 procedure for progress payments. The final Application for Payment shall be accompanied by such data and schedules as ENGINEER may reasonably require, together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of the Contract Documents and the labor and services performed and the material and equipment furnished thereunder. In lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CONTRACTOR that the releases and receipts include all labor, services, materials and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the Surety, if any, to final payment. If any Subcontractor, materialman, fabricator or supplier fails to furnish a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify him against any Lien.

Approval of Final Payment:

14.13 If, on the basis of his observation and review of the Work during construction, his final inspection and his review of the final Application for Payment--all as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR has fulfilled all his obligations under the Contract Documents, he will, within ten days after receipt of the final Application for Payment, indicate in writing his approval of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.16. Otherwise, he will return the Application to CONTRACTOR, indicating in writing his reasons for refusing to approval final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. OWNER shall, within ten days of presentation to him of an approved final Application for Payment, pay CONTRACTOR the amount approved by ENGINEER.

14.14 If after Substantial Completion of the Work final completion thereof is materially delayed through no fault of CONTRACTOR, and ENGINEER so confirms, OWNER shall, upon certification by ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the Surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the CONTRACTOR to the ENGINEER prior to certification of such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims.

Contractor's Continuing Obligation:

14.15 CONTRACTOR's obligation to perform the Work and complete the Project in accordance with the Contract Documents shall be absolute. Neither approval or any progress or final payment by ENGINEER, nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Project or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any correction of defective work by OWNER shall constitute an acceptance of Work not in accordance with the Contract Documents.

Waiver of Claim:

14.16 The making and acceptance of final payment shall constitute:

14.16.1 a waiver of all claims by OWNER against CONTRACTOR other than those arising from unsettled Liens, from defective work appearing after final inspection pursuant to paragraph 14.11 or from failure to 45 comply with the requirements of the Contract Documents or the terms of any special guarantees specified therein, and

14.16.2 a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled.

ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
OWNER May Suspend Work:

15.1 OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which shall fix the date on which Work shall be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if he makes a claim therefore as provided in Articles 11 and 12.

OWNER May Terminate:

15.2 If CONTRACTOR is adjusted a bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property, or if he files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment or if he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of ENGINEER, or if he otherwise violates any provision of the Contract Documents, then OWNER may, without prejudice to any other right or remedy and after giving CONTRACTOR and his Surety seven days' written notice, terminate the services of CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by CONTRACTOR, and finish the Work by whatever method he may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER shall be determined by ENGINEER and incorporated in a Change Order.

15.3 Where CONTRACTOR's services have been so terminated by OWNER, said terminations shall not affect any rights of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by OWNER due CONTRACTOR will not release CONTRACTOR from liability.

15.4 Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any right or remedy, elect to abandon the Project and terminate the Agreement. In such case, CONTRACTOR shall be paid for all Work executed and any expense sustained plus a reasonable profit.

Contractor May Stop Work or Terminate:

15.5 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application 46 for Payment within thirty days after it is submitted, or OWNER fails to pay CONTRACTOR any sum approved by ENGINEER or awarded by arbitrators within thirty days of its approval and presentation, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus a reasonable profit. In addition and in lieu of terminating the Agreement, if ENGINEER has failed to act on an Application for Payment or OWNER has failed to make any payment as aforesaid, CONTRACTOR may upon seven days' notice to OWNER and ENGINEER stop the Work until he has been paid all amounts then due.

ARTICLE 16 - ARBITRATION

16.1 All claims, disputes and other matters in question arising out of, or relating to, this Agreement or the breach thereof except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.16, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining. This Agreement so to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in any court having jurisdiction thereof.

16.2 Notice of the demand for arbitration shall be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy shall be filed with ENGINEER. The demand for arbitration shall be made within the thirty-day period specified in paragraph 9.10 where applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations.

16.3 CONTRACTOR will carry on the Work and maintain the progress schedule during any arbitration proceedings, unless otherwise agreed by him and OWNER in writing.

ARTICLE 17 - MISCELLANEOUS
Giving Notice:

17.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to him who gives the notice.

Computation of Time:

17.2 When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation.

General:

17.3 All moneys not paid when due hereunder shall bear interest at the maximum rate allowed by law at the 47 place of the Project.

17.4 All Specifications, Drawings and copies thereof furnished by ENGINEER shall remain his property. They shall not be used on another Project, and, with the exception of those sets which have been signed in connection with the execution of the Agreement, shall be returned to him on request upon completion of the Project.

17.5 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.30, 13.1, 13.10 and 14.3 and the rights and remedies available to OWNER and ENGINEER thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to them which are otherwise imposed or available by law, by special guarantees or by other provisions of the Contract Documents.

17.6 Should OWNER or CONTRACTOR suffer injury or damage to his person or property because of any error, omission or act of the other or of any of his employees or agents or others for whose acts he is legally liable, claim shall be made in writing to the other party within a reasonable time of the first observance of such injury or damage.

17.7 The Contract Documents shall be governed by the law of the place of the Project.

48 Excerpts from CA Labor Code
1771.1. (a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. 1774. The contractor to whom the contract is awarded, and any subcontractor under him, shall pay not less than the specified prevailing rates of wages to all workmen employed in the execution of the contract. 1775.
(a) (1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor. (2) (A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations. (B) (i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section.
(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under 49 subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5, 1813, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. (3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. (4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813.
(c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages. (Amended by Stats. 2011, Ch. 677, Sec. 1. Effective January 1, 2012.) 1776.
(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee’s payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor. (c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner 50 specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual’s name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual’s full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labormanagement committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual’s social security number.
(f) (1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual’s name, address, and social security number. (2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision.
(g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
(h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
(j) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.
(Amended by Stats. 2014, Ch. 28, Sec. 71. Effective June 20, 2014.) 1777.5
(a) This chapter does not prevent the employment of properly registered apprentices upon public works. (b) (1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for 51 apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following:
(1) The apprenticeship standards and apprentice agreements under which he or she is training. (2) The rules and regulations of the California Apprenticeship Council. (d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program’s standards shall not be required to submit any additional application in order to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor” includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o). (e) Before commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.

The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
52 (h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section who has agreed to be covered by an apprenticeship program’s standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(m) (1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract.
(2) At the conclusion of the 2002–03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The funds shall be distributed as follows:
(A) If there is an approved multiemployer apprenticeship program serving the same craft or trade and 53 geographic area for which the training contributions were made to the council, a grant to that program shall be made.
(B) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. (C) All training contributions not distributed under subparagraphs (A) and (B) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship standards and requirements under this code.
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director.
(Amended by Stats. 2016, Ch. 746, Sec. 1. Effective January 1, 2017.) 1813. The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement. 1815. Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 1/2 times the basic rate of pay.

54 General Notes:

A. The CONTRACTOR shall examine the working drawings: architectural, structural, mechanical and electrical, and shall notify the architect and/or engineers of any discrepancies he may find before proceeding with the work.

B. The CONTRACTOR shall verify and be responsible for all dimensions and conditions at the site and shall notify the designer of discrepancies between the actual conditions and information shown on the drawings before proceeding with the work.

C. All work shall conform to the minimum standards for the latest edition of the Uniform Building Code, Caltrans Standard General Specifications and such other regulating agencies exercising authority over any portion of the work.

D. Specifications (if included) are integral to the drawings. Notify designer before proceeding with any work if any disparity arises between drawings and specifications.

E. All work shall conform to the best practice prevailing in the various trades comprising the work.

F. Specific notes and details shall take precedence over General Notes and Typical Details. Dimensions shall supersede scale.

G. Details shown describe the general intent and character of the project. Any specific areas not drawn shall be similar to those details that are related in location, intent, or function.

H. All subcontractors shall be held responsible for all conditions, ordinances, code and requirements pertinent to their category of work as dictated by regulatory agencies.

I. All subcontractors shall be held responsible for any damage to another's work caused by subcontractor, its employees or agents.

J. General CONTRACTOR to maintain site in a clean and neat manner. Remove and legally dispose of all debris, rubbish, etc. Remove all materials from those not intended for their application, such as paint spatters, masking materials, asphalt, etc.

K. The Contractor shall contact the City of Nevada City, City Engineer to schedule a pre-construction meeting at least ten (10) working days prior to the start of construction (telephone 530-265-2496).

L. Contractor shall assume sole and complete responsibility for construction of this project, including safety of all persons and property. This requirement shall apply continuously and not be limited to normal working hours. The contractor shall defend, indemnify and hold the owner and the design engineer harmless from any and all liability, real or alleged in connection with the performance of the work on this project, excepting for liability arising from the intentional negligence of the owner or engineer.

M. The contractor is hereby notified that prior to commencing construction he is responsible for contacting all utility companies for verification at the construction site of the locations of all underground facilities where such facilities may conflict with placement of improvements shown on this plan. Call 55 ‘Underground Service Alert’ at 800-642-2444 prior to any excavation.

N. The locations of all underground facilities shown on this plan are approximate. A reasonable effort has been made to locate and delineate all underground facilities. However, the design engineer assumes no liability for the accuracy of completeness of the existing facilities shown on hereon or for the existence of other underground utilities not shown on these plans. The contractor shall verify the location of all existing facilities interfering with the construction of improvements. If so directed by the design engineer, the contractor shall stop work immediately until remedial action can be taken. Any cost resulting from the contractor’s failure to report and or failure to stop work as directed will be the responsibility of the contractor.

O. The contractor shall request construction staking for any phase of work no less than two working days prior to commencement of construction.

P. The contractor is responsible for the protection of all existing monuments and other survey markers during construction. Monuments disturbed, or lost, due to construction activities will require that the contractor have them replaced, in kind, by a licensed California Land Surveyor-who will be required to file either a Corner Record, or Record of Survey, with the County-whichever will meet the requirements of L.S. Act Section 8773
Q. The Contractor shall provide one complete set of As-Built Drawings. Any changes to the plans shall be shown on a clean set of drawings marked in red and given to the City Engineer at job completion. 56 Project Specifications

PROJECT LIMITS
On Various Streets in Nevada City.  Refer to improvement plans for limits of work.

PROJECT DESCRIPTION
The project consists of new sewer main and reconstruction of sewer services as shown on the plans.

CONSTRUCTION NOTES
Bid items shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for mobilization, traffic control, potholing, saw cutting, demolition, clearing, removal and disposal of demolition debris or excess materials, earthwork, compaction, shoring, dewatering, temporary bypass facilities, and all other incidental work as noted or shown on the plans.     Clean dirt only may be disposed of on old City airport property and all other materials should be disposed of at the contractor’s cost.   Restoration of disturbed areas with similar materials as exists prior to construction (i.e. concrete or asphalt) and repair of any damaged materials shall be provided by the contractor at their expense.   Final Payment shall not be made until all cleanup and restoration work is complete.   Extra depth of trenching and backfill shall be anticipated and included in the contractors bid for all pipe crossings.

Contractor shall provide written notice to Public Works Supt or City Engineer no fewer than two days in advance of any disruption of service including water, sewer, sidewalk or road access.    The City will provide all notifications to the public.   The contractor shall coordinate and verify with City staff to ensure that property owners, business owners and residents have been provided sufficient notice of the disruption of service.   The Contractor shall not disrupt service without written approval from City staff.

Any complaints or special requests from City residents, business owners or visitors shall immediately be directed to City staff so that City staff can respond appropriately and in a timely manner.   The Contractor shall not make concessions or agreements or attempt to resolve conflicts with residents, property owners or business owners but shall refer all such items to the City Engineer or Public Works Superintendent.

All time limits stated in the Contract Documents are of the essence of the Agreement.  It is acknowledged that the Contractor’s failure to achieve substantial completion of the Work within the Contract Time provided by the Contract Documents will cause the City to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by the City of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such delay, the Contractor agrees that liquidated damages may be assessed and recovered by the City as against Contractor and its Surety, in the event of delayed completion and without the City being required to present any evidence of the amount or character of actual damages sustained by reason thereof; therefore Contractor shall be liable to the Owner for payment of liquidated damages in the amount of One Thousand Dollars ($1,000) for each day that Substantial Completion is delayed beyond the Contract Time as adjusted for time extensions provided by the Contract Documents. Such liquidated damages are intended to represent estimated actual damages and are not intended as a 57 penalty, and Contractor shall pay them to Owner without limiting Owner’s right to terminate this agreement for default as provided elsewhere herein.

TRAFFIC CONTOL
At all times when work is not being performed, streets and driveways shall be safe for through traffic and pedestrians.

Lane closure shall comply with the Manual on Uniform Traffic Control Devices (CA MUTCD) current edition.   Notify Public Works Supt or City Engineer no fewer than two days in advance of proposed lane closure or driveway closure.

The contractor shall coordinate and verify with City staff that homeowners have been provided sufficient notice of any disruption of service including water, sewer or road access.

The Contractor shall provide and install traffic control signage and barricades as required for pedestrian and vehicular safety.    Construction activity requiring lane closures shall conform to the following restrictions:   The travel way may be reduced to one 11 foot lane of traffic with two way stop control (flaggers) provided.    Upon written request by the Contractor and as approved by the City Engineer, a full road closure with detours may be implemented on minor streets (not arterial or collector) provided that there is provision for vehicles to access private parking areas and businesses.   At the end of each work shift, all traffic lanes shall be open for safe pubic use of the roadway.   The Contractor shall provide access to parking, driveways, residences at all times for ingress/egress, trash collection and mail delivery unless otherwise approved by the City Engineer.   Contractor shall coordinate with residents for their access needs during all road closures and shall refer any complaints or special concerns to the City.

MATERIAL NOTES
PVC Gravity Sewer Piping:    SDR25 for Under Ground Sewer Pipe Pipe and Fittings:  PVC SDR‐35 shall conform to ASTM D 3034 for diameters from 4” to 15” with integral‐bell gasket joints. Rubber gaskets shall be factory installed and conform to ASTM F 477. Pipe joints shall conform to ASTM D 3212.

Contractor shall provide and install all material necessary for the project including pipe, fittings, wyes, pipe connections, trench resurfacing, excavation, potholing to expose existing utility lines, bedding and backfill.   Hydrostatic test, mandrel testing and/or television testing shall be provided as required by the City Engineer.

Due to limited access and presence of existing landscaping, fencing and hardscaping within a constrained area, it is anticipated that hand work may be required.    This shall be estimated by the contractor based on his/her experience and as identified during the site walk prior to the bid.   No additional compensation will be provided other than contract unit prices included herein.

Trench backfill shall consist of sand bedding around pipe per Standard Specifications and trench zone backfill using native material when located outside of roadway or aggregate base when located inside roadway or under walk.

High‐density polyethylene (HDPE) (used for directional drilling):   HDPE pipe and fittings shall meet the requirements for Type III, Grade P345 Polyethylene Material as defined in ASTM Specification D‐1248 (PE 3408). The minimum pressure class/SDR rating acceptable shall be Class 200/SDR 11. Joints shall be of a heat fusion joining system.  Joining of the pipes and fittings shall be performed in accordance with ASTM D‐2774.  Joints of the pipe sections shall be smooth on the 58 inside and internal projection beads shall not be greater than 3/16 inch.  The tensile strength at yield of the butt‐fusion joints shall not be less than the pipe.  Contractor shall provide and install all material necessary for HDD including Excavation, use, and backfilling of all access and exit pits, directional drilling for installation of HDPE pipe, removal and disposal of spoils, traffic control including efforts to maintain access to roads and driveways during all HDD operations, potholing to expose existing utility lines and all labor, equipment, and materials required to complete the work.

Sewer Manholes:   Contractor shall provide and install all material necessary for manhole installation in accordance with the standard specifications.    Manholes shall be watertight structures with Ramnek sealant (or equivalent) and joints mortared inside and outside.   The inside base of manholesshall be shaped to provide channels conforming to the size and crown of the inlets and outlets.   Pipe penetrationsshall be sealed with a watertightseal.   Manholesin excess ofsix feet in depth shall have ladder rungs installed.

Sewer Cleanouts:   Contractor shall provide and install all material necessary for sewer lateral connections under bid item for sewer pipe and bid item for cleanouts.     Cleanouts shall be installed for each building lateral and on the upstream side of any fitting with 45 degree or greater bend.   Cleanouts shall be boxed to grade with a cast iron lid.

Sewer service laterals:    Contractor shall provide and install all material necessary for sewer lateral connections (including lateral cleanouts) under bid item for sewer laterals and for main line cleanouts under bid item for cleanouts.

Aggregate Base shall be Class 2, 3/4" maximum grading, conforming to standard specs. Section 26, placed at 95% Relative Compaction.

Asphalt material shall be Type A or B 1/2‐inch maximum medium gradation and shall conform to the provisions in Sections39. “Asphalt Concrete,” of the Standard Specifications and these Special Provisions.  Asphalt cement shall be grade PG 64‐16 conforming to the requirements of Section 92 of the Standard Specifications.    Asphalt paving to include “T‐Section” edge grind/overlay of 12” width and 1” to 1‐1/2” depth (beyond sawcut line) where adjoining existing asphalt.

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: June 22, 2022 Agenda Item No. 10
Subject: Consideration of Adoption of Resolution No. 2022-55:

A Resolution of the City Council of the City of Nevada City Approving a Date Change Request for the Regular City Council Meetings in July 2022
From: Sean Grayson, City Manager
Date: June 17, 2022
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Adopt the resolution.

ISSUE STATEMENT AND DISCUSSION:

The City of Nevada City Municipal Code Section 2.04.010 holds that regular meetings of the City Council shall be held at City Hall on the second and fourth Wednesdays of each month; and City Council meetings the 2nd and 4th Wednesday of every month.

On April 13, 2022 the City Council approved the Nevada City Chamber of Commerce events for 2022 that include downtown street closures surrounding City Hall on the 2nd and 4th Wednesdays when the City closes the streets for the Nevada City Chamber of Commerce to hold Summer Nights on July 13th and 27th.

These are the same days as the City Council’s regular July meetings in 2022.

The City Council has previously moved its regular meeting in July to the 2nd and 4th Thursdays to allow access to City Hall for the public to attend the meetings. The City of Nevada City Municipal Code Section

2.04.010 holds that regular meetings of the City Council may change the regular meeting times of the city council by resolution. The included resolution will change the regularly scheduled Wednesday July 13, 2022 meeting to Thursday July 14, 2022 and change the regularly scheduled Wednesday July 27, 2022 to Thursday July 28, 2022 with both meetings to be held at the regular time of 6:30 PM.

FINANCIAL AND/OR POLICY IMPLICATIONS:

Not applicable
ENVIRONMENTAL CONSIDERATIONS:

Not applicable
ATTACHMENTS:

Resolution No. 2022-55
RESOLUTION NO. 2022-55

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

APPROVING A DATE CHANGE REQUEST FOR THE REGULAR CITY COUNCIL MEETINGS IN JULY 2022
WHEREAS, the City of Nevada City Municipal Code Section 2.04.010 holds that regular meetings of the City Council shall be held at City Hall on the second and fourth Wednesdays of each month; and City Council meetings the 2nd and 4th Wednesday of every month; and
WHEREAS, on April 13, 2022 the City Council approved the Nevada City Chamber of Commerce events for 2022 that includes downtown street closures surrounding City Hall on the 2nd and 4th Wednesdays when the City closes the streets for the Nevada City Chamber of Commerce to hold Summer Nights on July 13th and 27th; and WHEREAS, the City of Nevada City Municipal Code Section 2.04.010 holds that regular meetings of the City Council may change the regular meeting times of the city council by resolution; and
WHEREAS, the City Council desires to continue its history of moving the City’s regular City Council meetings in July to the 2nd and 4th Thursdays to accommodate the Summer Nights events and allowed continued access of the community to regular City Council meetings; NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Nevada City hereby approves:

1. Changing the regularly scheduled Wednesday July 13, 2022 meeting to Thursday July 14, 2022 (to be held at the regular time of 6:30 PM).

2. Changing the regularly scheduled Wednesday July 27, 2022 to Thursday July 28, 2022 (to be held at the regular time of 6:30 PM).

PASSED AND ADOPTED at the regularly scheduled meeting of the Nevada City, City Council held on the 22nd 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 22, 2022 Agenda Item No. 11
Subject: Consideration of Ordinance No. 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
From: Amy Wolfson, City Planner
Date: June 14, 2022
Reviewed & Approved:

STG
Recommended Actions:
• Hold second reading and 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.

ISSUE STATEMENT AND DISCUSSION:

At the June 8, 2022 meeting the City Council introduced Ordinance 2022-08 for a first reading, 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.

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.

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:

Ordinance 2022-08 for pre-zone (exhibits A and B included) 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)

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: June 22, 2022 Agenda Item No. 12
Subject: Conduct a Public Hearing on the City’s Fiscal Year 2022-2023 Proposed Annual Budget by:

Consideration of Resolution No. 2022-46: A Resolution of the City Council of the City of Nevada City Adopting Fiscal Year 2023-2023 Budget; and
Consideration of Resolution No. 2022-47: A Resolution of the City Council of the City of Nevada City Adopting the Fiscal Year 2022-2023 Citywide Classification and Compensation Plan; and
Consideration of Resolution No. 2022-48: A Resolution of the City Council of the City of Nevada City Adopting the Fiscal Year 2022-2023 Citywide Master Fee Schedule; and
Consideration of Resolution No. 2022-49: A Resolution of the City Council of the City of Nevada City Certifying Compliance with the 2021-2022 Appropriations Limitation and Establishing the Appropriation Limitation for the 2022-2022 Fiscal Year Adopting the Appropriations Limit for Fiscal Year 2022-2022 From: Sean Grayson, City Manager
Date: June 17, 2022
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Conduct the public hearing and adopt the resolutions.

ISSUE STATEMENT AND DISCUSSION:

On January 26, 2022, the City Council adopted the fiscal year 2021/22 Budget, an updated Investment Policy, new Financial Management Policies, and a new Capital Improvement Program. Due to the timing of the adopted budget, there was no mid-year review of the current budget. On June 1, 2022, the City Council conducted a budget workshop to review projected revenues, expenditures, department level budgets, reserve fund balances, and authorized personnel distribution and provided direction toward the creation of the fiscal year 2022/23 budget. On June 8, 2022 the City Council provided direction toward the adoption of a Citywide Master Fee Schedule in conjunction with the fiscal year 2022/23 budget. A public hearing was set for June 22, 2022, for the City Council to consider the adoption of the fiscal year 2022/23 budget.

The proposed Fiscal Year 2022-2023 Budget is attached. The budget has been prepared in compliance with the State of California Government Code. It incorporates the Financial Management Policies adopted by the City Council and provides a clearer, more transparent and expanded view of the City’s finances over previous budgets. The State of California indicates that the City had a projected population of 3,334 as of January 1, 2022.

Those who live, work, play, thrive, and shop local in Nevada City enjoy an amazing small-town atmosphere with a mid-sized service delivery model. The proposed budget maintains the existing services and seeks to enhance specific areas including Community Policing, Paramedic level Fire Department personnel, expanded Parks and Recreation offerings, and Economic Development throughout the City.

The presented budget is balanced (revenues versus expenditures) and balanced better (funds have been allocated to all of the reserve accounts established in January of 2022). The total general fund budget is $5,949,765 on the same amount of revenues. Since the draft budget was proposed at the June 1, 2022, budget workshop there was one change to expenses of $392,439 representing increased employment costs related to the completed negotiations with all City employee groups. Similarly, there has been one change to revenues since the budget workshop with a transfer in amount of $226,668 from Measure C to the General Fund to offset unreimbursed general fund Police and Fire employment expenses from fiscal year 2021-2022.

For the proposed fiscal year 2022/23 budget portions of the unassigned reserves have been assigned to reserve accounts. The proposed general fund reserve account balances for the proposed fiscal year 2022/23 budget are:
• Revenue Reserve: $1,144,000 or 20% of total budgeted funds • Employee Benefit Reserve: $250,000 or 50% of City’s total liability • Capital Improvement Reserve: $100,000 or 2% of total budgeted funds • Vehicle and Equipment Replacement Reserve: $150,000 or 25% of liability • Litigation Reserve: $120,000 or 100% of annual loss claims history • Community Fund Reserve: $28,000 or 100% of Community Agency average The proposed fiscal year 2022/23 budget will include carry forward of $500,000 from the previous budget. The carry forward will be listed as a line item in the unassigned general fund reserve and will be allocated as expenditures within the various departments as well as to cover the unfunded portion of the City’s technology and website upgrade project by action of the City Council throughout the fiscal year.

In the beginning of fiscal year 2022/23 the city will undergo a stakeholder led Strategic Planning process.

The result of the process will include the adoption of the City’s first comprehensive Strategic Plan. The adoption of the plan will coincide with a budget amendment to reflect both changes in policy and funding as a result of established initiatives, goals and objectives from the adopted Strategic Plan. This process will include the allocation of the $777,443 American Rescue Plan Act (ARPA) funds that are not included in the budget.

There is no change to the Capital Improvement Program (CIP) with this budget as the current 5-year CIP was adopted in January of 2022. An updated CIP will be presented for the City Council’s consideration along with the adoption of the Strategic Plan and related budget amendments.

Adoption of Resolution 2022-46 adopts the Fiscal Year 2022-2023 Budget.

Resolution No. 2022-47 (Adopting Classification and Compensation Plan) The City has not historically adopted a Citywide Classification and Compensation Plan with the annual budget. The fiscal year 2022-2023 budget includes a listing of authorized full-time positions by classification and by department. The attached master compensation schedule outlines the pay step basis for city employees and the position monthly compensation ranges identify the ranges and steps applicable to each position in the city. Adoption of Resolution 2022-48 adopts the Classification and Compensation Plan the City for fiscal year 2022-2023.

Resolution No. 2022-48 (Adopting Master Fee Schedule)
The City has not historically adopted a Master Fee Schedule with the annual budget and has not increased citywide fees since 2017. In order to more closely match fees to actual city expenses a Citywide Master Fee Schedule is proposed to be adopted with the budget. The basis for the fees were considered by the City Council at the June 8, 2022 regular City Council meeting and the input from the meeting has been included in the attached document. Adoption of Resolution 2022-48 adopts the fee schedule for the City for fiscal year 2022-2023.

Resolution No. 2022-49 (Adopting the Appropriations Limit) In November 1979, the voters of California passed Proposition IV which specified that government appropriations may increase annually by a factor comprised of the change in population combined with either the Consumer Price Index (CPI) or the change in per capita cost of living. The Proposition was intended to provide citizen control of government spending and taxation. The adoption of the Appropriations Limit (Gann) is an annual requirement.

The Appropriations Limit applicable to the City, pursuant to Article XIII B of the California State Constitution, shall be $5,768,809.28 for fiscal year 2022-2023. The Appropriations Limit consists of the prior year’s limit, adjusted by a population factor and inflationary factor provided annually by the Department of Finance. Revenue sources subject to the limit include tax and intergovernmental revenues.

For fiscal year 2021-2022, the City is using the population percentage change of -1.54% and the change in per capita cost of living 7.55% for the calculation. Adoption of Resolution 2022-49 adopts this appropriations limit for the City for fiscal year 2022-2023.

FINANCIAL AND/OR POLICY IMPLICATIONS:

Adoption of the budget, the related actions, and financial management policies formalizes the City Council financial and budget policy for the fiscal year.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable
ATTACHMENTS:

Fiscal Year 2022-2023 Budget
Resolution No. 2022-46 (Adopting Budget)
Resolution No. 2022-47 (Adopting Classification and Compensation Plan) Resolution No. 2022-48 (Adopting Master Fee Schedule)
Resolution No. 2022-49 (Adopting the Appropriations Limit) · City Hall · 317 Broad Street · Nevada City, California 95959 · · Phone: (530) 265-2496 · Website: NevadaCityCA.Gov ·
City of Nevada City

PROPOSED ANNUAL BUDGET
Fiscal Year 2022-23
City Council
Duane Strawser, Mayor
Doug Fleming, Vice Mayor
Erin Minett, Councilmember
Daniela Fernández, Councilmember
Gary Petersen, Councilmember
City Treasurer City Clerk
Niel Locke David McKay
Executive and Management Staff
Sean Grayson, City Manager
Dean Pucci, City Attorney
Victoria Knoll, Chief Financial Officer
Gabrielle Christakes, Deputy City Clerk / Administrative Services Manager Sam Goodspeed, Fire Division Chief
Ted Stec, Interim Police Chief
Bryan McAlister, Public Works Director / City Engineer
Amy Wolfson, City Planner
Dawn Zydonis, Parks and Recreation Manager
Shane Kinne, Public Works Superintendent
Michael Faudoa, Chief Plant Operator
Table of Contents
Table of Contents......................................................................................................................................... 2 City Manager’s Budget Transmittal Letter .................................................................................................. 3 Citywide Organizational Chart................................................................................................................... 11 Mission, Vision, Values, Goals, and Strategic Initiatives .......................................................................... 12 Budget Summary........................................................................................................................................ 14 Fund Balance .............................................................................................................................................. 16 Special Funds Revenues & Expenditures................................................................................................... 18 Revenues .................................................................................................................................................... 21 Expenses..................................................................................................................................................... 24 Personnel.................................................................................................................................................... 31 Department Detail...................................................................................................................................... 34 City Council ................................................................................................................................................. 40 City Manager .............................................................................................................................................. 41 City Attorney .............................................................................................................................................. 43 City Planner & Planning Commission ........................................................................................................ 44 General Government (Finance & Human Resources) ............................................................................... 45 Fire Department......................................................................................................................................... 48 Parks and Recreation ................................................................................................................................. 51 Police Department ..................................................................................................................................... 55 Public Works............................................................................................................................................... 58 Water Enterprise Fund............................................................................................................................... 64 Wastewater Enterprise Fund ..................................................................................................................... 68 Measure “C” Police and Fire ...................................................................................................................... 72 Reserve Funds............................................................................................................................................. 73 APPENDIX A: Budget and Financial Policies.............................................................................................. 76 APPENDIX B: Calculation of Appropriations Limit 2022-2023 Summary.................................................. 80 City of Nevada City Fiscal Year 2022-2023 Proposed Budget 2 Fiscal Year 2022-2023 City Manager’s Budget Transmittal Letter Honorable Mayor and City CouncilIt is an honor to submit the Fiscal Year 2022/2023 Budget for Nevada City. The City has faced numerous challenges over the past several years, not the least of which were challenges related to the budget and its adoption. I am grateful for the leadership of the City Council, the dedication of staff, and the engagement of our community; without all three this budget could not have been created in the three short months that I have had the pleasure to serve as the City Manager. I would like to say thank you to all Nevada City employees and a tremendous round of applause is due to our Chief Financial Officer Victoria Knoll (who started the same day in the City as I did), our Deputy City Clerk / Administrative Services Manager Gabrielle Christakes, our Accounting Technician Brittnie Neundorfer, and our Customer Services Representative Tanya Horton; collectively they are the team that keeps the financial engine of the City running (their titles would be too long if they described their actual work on behalf of the City for finance).

The budget has been prepared in compliance with the State of California Government Code. It incorporates the Financial Management Policies adopted by the City Council and provides a clearer, more transparent, and expanded view of the City’s finances over previous budgets. While I am proud of the presentation, style, and content of the budget I would note that it will see dramatic improvements next year as the City will replace its long outdated financial software. The Council’s adopted Investment Policy is reflected in the City’s investment portfolio, which is shown, for the first time, in the budget under the unspendable reserve category.

The State of California indicates that the City had a projected population of 3,334 as of January 1, 2022.

Those who live, work, play, thrive, and shop local in Nevada City enjoy an amazing small-town atmosphere with a mid-sized service delivery model. The proposed budget maintains the existing services and seeks to enhance specific areas including Community Policing, Paramedic level Fire Department personnel, expanded Parks and Recreation offerings, and Economic Development throughout the City.

The presented budget is balanced (revenues versus expenditures) and balanced better (funds have been allocated to all of the reserve accounts established in January of 2022). The total general fund budget is $ 5,949,765 on the same amount of revenues. Since the draft budget was proposed at the June 1, 2022, budget workshop there was one change to expenses of $392,439 representing increased employment costs related to the completed negotiations with all City employee groups. Similarly, there has been one change to revenues since the budget workshop with a transfer in amount of $226,668 from Measure C to the General Fund to offset unreimbursed general fund Police and Fire employment expenses from fiscal year 2021-2022.

General Revenue Information
Projected revenues for the current fiscal year (2021/22) are anticipated to be at or above budget in most categories. Overall revenues are projected to trend upwards in fiscal year 2022/23 by 7.34% for a total revenue increase of $391,587. Including the transfer in from Measure C the total revenue increase for the fiscal year 2022/23 budget is 11.60%. The city remains revenue constrained, but there are several initiatives to address revenue enhancement or optimization that will occur in fiscal year 2022/23.

City of Nevada City Fiscal Year 2022-2023 Proposed Budget 3 Fiscal Year 2022-2023 City Manager’s Budget Transmittal Letter Property Taxes: A tale of two metrics…..

Countywide Allocation Percentage
It has previously been reported that Nevada City only receives 0.61456% of the countywide ad valorem property tax (1% property tax against the assessed value as defined under law). This number fluctuates but remains fairly close to this percentage year over year. Despite its accuracy, it is based on a percentage of the total countywide collections. For fiscal year 2021/22 the countywide collections were $227,048,438 on $22,704,843,800 in assessed value. Nevada City’s allocation (the 0.61456%) was $1,395,351. The formula for this allocation is based upon a series of laws passed after Proposition 13 to correct property tax calculations culminating with the AB8 allocation method currently used. The base rate for Nevada City is based on the property taxes in place in fiscal year 1978/79. Changes are not locked into the base and will vary up or down based on actual assessed value of properties within Nevada City tax rate areas.

Nevada City Assessed Value Percentage
The actual assessed value in Nevada City for fiscal year 2021/22 was $642,632,193 with ad valorem collections of $6,426,321. Nevada City’s allocation of $1,395,351 for the period represents 21.71% of the ad valorem collected within the city limits of Nevada City. This percentage is higher than many cities in the foothills.

Property Tax Value Analysis
The total amount collected by Nevada City is the same in both metrics listed but one appears favorable to the city and the other does not appear favorable. There are several factors that reduce Nevada City’s ad valorem allocation and its ability to recognize growth in Nevada City specific property values. Nevada City is geographically small with a limited number of commercial properties both of which keep aggregate property values down. Nevada City is the county seat and has several large parcels and buildings that are government controlled and do not pay their relative ad valorem taxes or the increases therein (e.g., The Rood Center, the Courthouse, and the Post Office). The City is one of the largest landowners in the city such that there is no growth in property value in relation to ad valorem property taxes for these properties (e.g., Sugarloaf, Hirschman’s Pond, and the Environs).

Despite these factors the City continues to realize a healthy, albeit small, growth in secure property taxes. The projected secure property tax for Nevada City as of July 1, 2021, for fiscal year 2021/22 was $1,395,351, actuals came in higher at $1,449,083 which is the amount adopted in the City’s fiscal year 2021/22 budget. Staff projects a 2.5% growth in property tax allocation anticipating fiscal year 2022/23 budget revenue of $1,485,310 or $36,227 in growth.

Staff projects a 25% increase in supplemental property tax for fiscal year 2022/23 increasing by $5,771 to $28,858. This growth is largely attributable to the sale of property during the pandemic in which the new sales price was significantly higher than the previously assessed value for the property. Although the percentage is high, the total dollar value is not large. If there are 10 homes that sell for $250,000 more than their current assessed value that would equate to a $2,500,000 increased taxable value which would yield a $25,000 increase in ad valorem and $5,425 in supplemental tax due to Nevada City (this is a hypothetical, but representative of the dollar value projected). It is worth noting that although this supplemental property tax increase may be helpful to the City, it may be harmful to housing and sales tax generation if the trend of people buying houses from out of the area and not living in them or renting them continues as the pandemic winds down.

City of Nevada City Fiscal Year 2022-2023 Proposed Budget 4 Fiscal Year 2022-2023 City Manager’s Budget Transmittal Letter Property Tax In-Lieu of Vehicle License Fee (VLF) is a tax imposed by the State on the ownership of a registered vehicle in place of taxing vehicles. Nevada City receives additional property tax to replace VLF revenue that was cut when the state permanently reduced the VLF in 2004. This property tax in lieu of VLF grows with the change from the prior year in gross assessed valuation of taxable property in Nevada City. Following the 2.5% growth in property tax allocation for the fiscal year 2022/23 budget, property tax in-lieu of VLF revenue is projected to grow by $8,102 from $324,098 to $332,200 During fiscal year 2022/23 the city will be partnering with Nevada County to audit the allocation structure to ensure consistency and recover any outstanding amounts due to the city. The base year is established by California legislation, so corrections are the only likely result of the audit.

Transient Occupancy Tax (TOT) or “Room Tax”
Nevada City collects a 10% TOT against the room rate for motels, hotels, campgrounds, and private property rentals within the city. This rate of 10% is among the lowest levels among agencies having such a tax in California. TOT collections will not grow from increased occupancy at the National Hotel for the next 10 years due to a tax deferral agreement in place with the hotel. This agreement was timely and appropriate to allow the remodeling of the hotel while allowing a phase in of TOT over time. There is a small, anticipated increase in TOT related to a project currently in permitting on the site of the Northern Queen Hotel. There is also an anticipated increase in recovery of TOT through a short-term rental audit, however it is anticipated that this increase in collections will be offset by a trending decrease in total short-term rentals coming out of the pandemic.

Short-term rentals are assessed TOT in the same fashion as motels, hotels, and campgrounds based upon a voter initiative tax and local ordinance. The city requires registration, a business license, regular reporting, and the payment of the TOT under this ordinance. An initial assessment of short-term rental listings within Nevada City against registered businesses shows at least a 25% non-compliance rate.

Some of these non-compliant businesses are paying the TOT through the online host collection system but are not compliant with city requirements. There are likely a small number of short-term rentals operating through non-traditional services that are not paying TOT. The city intends to use a consultant, in coordination
with data from the initial assessment, to notice all short-term rentals that are advertising in the market to bring them into compliance with reporting and business license requirements as well as ensure a timely transmission of TOT.

In the adoption of the fiscal year 2021/22 budget, it was recommended that a measure be placed on the ballot to seek approval from the voters to increase the TOT percentage to the common level of taxation.

The next general election for the city is June of 2024. Staff intends to bring a report to the City Council in the coming fiscal year to report on the possibilities of a ballot initiative to increase the TOT. The city currently pays the Nevada City Chamber of Commerce 7.5% of the total TOT receipts annually (an average of $30,000 per year). This tax sharing will be evaluated in the strategic planning process. The Chamber of Commerce is considering formation of a Tourism Business Improvement District (TBID). A TBID would place a room fee similar to TOT on all motels, hotels, campgrounds and short-term rentals in the City, but the proceeds would be allocated by a Board established by the participant businesses.

There could be a conflict between the passage of a TBID and a subsequent increase in TOT.

City of Nevada City Fiscal Year 2022-2023 Proposed Budget 5 Fiscal Year 2022-2023 City Manager’s Budget Transmittal Letter Staff projects a 5% increase in TOT in fiscal year 2022/23 from $463,797 to $486,987 for a total increase of $23,190 in the pending fiscal year budget.

Sales Tax
The sales tax rate in Nevada City is 8.375%. Sales tax rates are a combination of state base taxes plus special taxes. The state base tax is 7.25% which is broken down as 5% state, 1% City and 0.25% county.

The special sales taxes in Nevada City total 1.125% broken down as 0.25% county library tax, 0.375% Nevada City public safety tax (Measure C), and 0.5% Nevada City streets, water, and wastewater tax (Measure M). There is a maximum sales tax rate of 9.25% in California, although some jurisdictions have higher taxes but have state legislative authority authorizing the additional tax. Should Nevada County be successful in their proposed 0.5% sales tax initiative in November of 2022, the maximum additional special tax allowable in Nevada City would be 0.375%. The previous recommendation to seek an increase in sales tax may be a challenge under these circumstances.

Sales tax fluctuated significantly during the pandemic and although initial concerns were in retail and dining impacts in Nevada City, ultimately there has been a year over your growth in sales tax. Working with our sales tax consultants HdL there is no anticipated growth in sales tax for fiscal year 2022/23.

However, the sales tax revenue budget in fiscal year 2021/22 was $1,246,291 with actuals anticipated at $1,505,293. This means that the projected budget for fiscal year 2022/23 will reflect a 20.8% increase in budget against fiscal year 2021/22 budget.

Measure C and Measure M
Measure C is a special sales tax dedicated to police and fire expenses and Measure M (Measure S prior to January 1, 2022) is a special sales tax dedicated to streets, water and wastewater infrastructure (streets only as Measure S). As special sales taxes Measure C and Measure M have slightly different calculations as they do not include a relative percentage of pooled sales tax. Working with our sales tax consultants HdL there is no anticipated growth in Measure C and Measure M sales for fiscal year 2022/23. However, the Measure C and Measure M sales tax revenue budget for fiscal year 2021/22 was $580,340 for Measure C and $878,000 for Measure M where as projected actuals are budget in fiscal year 2022/21 are $695,759 for Measure C and $932,676 for Measure M. This means that the projected budget for fiscal year 2022/23 will reflect an 8.3% increase in budget against fiscal year 2021/22 budget.

Cannabis Tax (Measure F)
In addition to the sales tax applied to cannabis retail sales the city, by voter initiative, taxes cultivation, production, retail, and testing of cannabis by local ordinance. As Nevada city was the first City in the county to permit these activities, the industry has largely grown around Nevada City. The market for legal cannabis has had ups and downs for the last several years due to the pandemic and other factors.

With Grass Valley anticipating the permitting of all aspects of cannabis in the near future it is anticipated that some retail and other tax bases will be reduced in Nevada City. There are proposals for activities that may also increase cannabis tax within Nevada City over the coming fiscal year. Overall staff projects cannabis tax to be flat with $700,000 in revenues in fiscal year 2022/23.

Business Licenses
Business license revenues in Nevada City saw a large reduction in the initial stage of the pandemic. An initial review of business license compliance found that the majority of Nevada City businesses that are already established renew their business license annually or with a three-year business license on a regular basis. A smaller percentage do not renew without prompting. The city has not had a system that streamlines this process.

City of Nevada City Fiscal Year 2022-2023 Proposed Budget 6 Fiscal Year 2022-2023 City Manager’s Budget Transmittal Letter Beginning in July of 2022 the City will be conducting fire life safety and code inspections in all businesses in the city in an effort to find correctable hazards and to comply with relevant laws on mandated inspections. Part of these inspections will include confirming that business licenses are in place and valid. It is anticipated that a small number of businesses will be brought into compliance in the process.

The new software program to be purchased in this coming fiscal year will allow standardization of this process for existing businesses to ensure renewals in a timely fashion and automation of notification for those that do not renew. For new businesses and/or businesses that do not operate in a storefront the approach will be different. In fiscal year 2022/23 the city will be engaging consultants to identify businesses operating in the city without a business license and create a campaign to bring them into compliance. This will include short-term rental businesses operating within Nevada City. Staff projects a 22% increase in Business License revenues in fiscal year 2022/23 through this compliance process. This is a $13,000 increase to $100,000 and places business license collections at pre-pandemic levels.

Grant Reimbursement
The city has been successful in a number of grants over the last several years but has also been unable to apply for a variety of grants due to a lack of staff to initiate and/or manage the grant as well as a lack of a planned approach to grants. Staff, with the assistance of the City Council and community members, will generate an annual grant planning calendar identifying the recurring state and federal grants that apply to the various City departments and integrate this into department level work planning. Staff plans to initiate a bid process for grant writing services in fiscal year 2022/23 with an initial action of the selected firm(s) to be to create a master list of projects that the city will be seeking grants for. It is anticipated that the mid-year budget review will include a request for allocation of funds to pay for targeted grant writing services to address high priority projects from the list.

Fees In General
The city has not adopted a master fee schedule with each fiscal year budget, and with the exception of Parks and Recreation fees the various City fees have not been increased by Council resolution since 2017. The current fees are almost universally well below industry standards and significantly below the City’s costs to provide the services. Some of the fees can be increased by resolution and will be increased to reflect not more than the City’s cost of providing the services in the fiscal year 2022/23 budget. Some fees can only be increased by ordinance revision and as such will be scheduled for adjustment over the next fiscal year. A comprehensive fee schedule has been created based upon established resolutions, ordinances and other City Council approved fees to be adopted by resolution with the fiscal year 2022/23 budget.

AB1600 Fees
AB 1600 Fees or Development Impact Fees are charged to new development to pay for the impacts of that development. These fees are based upon future system needs within the fund area and cannot be used for maintenance of existing infrastructure. The study basis for the currently collected fees is from 1994. Although the number of projects that are required to pay AB1600 fees is relatively low in any given year, the fees should reflect modern project needs for growth. In fiscal year 2022/23 staff will complete a report, with the assistance of consultants, to recommend updates to the AB1600 fee schedule to the City Council. Beginning in fiscal year 2023/24 the city will adopt a Capital Improvement Plan (CIP) with the budget and a component of the CIP will be annual adjustment to the AB1600 fee schedule.

City of Nevada City Fiscal Year 2022-2023 Proposed Budget 7 Fiscal Year 2022-2023 City Manager’s Budget Transmittal Letter Water and Wastewater (Sewer) Rates
The analysis in the current fiscal year budget indicated the need to conduct a rate study for water and wastewater rates and to evaluate the established policies and procedures for management of the water and wastewater enterprise funds. Current water and wastewater rates are insufficient to cover the full cost of both services provided by the city. This requires the City’s general fund to supplement the two enterprise funds. The detailed supplementation can be seen in the department level expenditures within this report. An initial analysis of the water and wastewater system suggests that there are opportunities to reduce operational expenses while gaining operational efficiencies that should be considered prior to a future rate study. Staff is participating in regional planning with partner water providers to better understand these opportunities. Staff anticipates that there will be infrastructure grant programs available at both the state and federal level and will be applying for several projects already listed in the water wastewater master plans in addition to the well to irrigation project already underway. Staff anticipates conducting water / wastewater resiliency and operational effectiveness study in fiscal year 2022/23 followed by a rate study.

Rents and Leases
In addition to owning several large open space areas, the City owns commercial and residential properties, developable properties, and undevelopable “slivers” of unparcelized land. The lease rates for buildings are essentially all below market and the conditions are disadvantageous to the City as compared to standard commercial and residential lease agreements. Staff has begun the process of updating all lease agreements to reflect a transition to market rate and industry best practice leasing. It is anticipated that this process will update all property leases in fiscal year 2022/23.

Parking Fees
Parking fees had a significant decrease during the pandemic but are slowly returning to baseline. The current number of metered parking spots, hours of metering, and rate are all lower than other similar communities with parking meters. The city is generally considered to be parking constrained and there has been a historical push to increase parking. Staff has begun the process to develop a Parking Demand and Needs Analysis. This will address the current configuration and possible expansion. It will also serve as a primer to a transition plan for credit card payments, payment kiosks and app-based metering in the future. Staff anticipates bringing a comprehensive plan for change to the City Council in fiscal year 2022/23.

Expenditures in General
There are several areas where staff has budgeted an increase in expenditures in the fiscal year 2022/23 budget:
• Utility and fuel costs.
• The service contracts for information systems and technology, law enforcement dispatch, and LAFCo all have increasing fees.
• The Fire Department service contract has a 3% escalator beginning in October of 2022. • The cost of most materials.
• The City’s CalPERS Unfunded Actuarial Accrued Liability (UAL) is $6,172,864. The structured repayment of this UAL has an escalating payment overtime. The fiscal year 2022/23 UAL payment increases by 7.4% to $494,490. The city can realize a 5% discount by paying the full amount in July rather than submitting monthly payments.

City of Nevada City Fiscal Year 2022-2023 Proposed Budget 8 Fiscal Year 2022-2023 City Manager’s Budget Transmittal Letter • Employees are our greatest asset and translate tax dollars into direct service. That said, employee compensation also accounts for the greatest single expense within the budget. Total employment costs including salary, retirement, benefits, and other related expenses total $3,715,765 or 70% of the City’s current budget of $5,302,443. All of the City’s bargaining units’ Memorandums of Understanding (MOUs) expire on June 30, 2022 and successor MOUs are available for the consideration of adoption by the City Council in conjunction with the budget adoption. Contract costs, step raises, and the added costs of filling vacancies represents a projected increase in employment costs of 10% or $371,577 in fiscal year 2022/23.

Reserve Funds
The City’s reserve funds and fund balances have not been represented in previous year’s budgets. Prior to the current fiscal year, the City recognized three general fund reserve accounts: Operational Reserves, Pension Reserves, and Vehicle Replacement Reserves. With the adoption of the fiscal year 2021/22 budget the City Council replaced the existing general fund reserve accounts with six new accounts. For the proposed fiscal year 2022/23 budget there is a re-allocation of reserves to distribute funds to the newly created reserve accounts within the Restricted Fund. In prior years’ budgets a large portion of reserves were unassigned. For the proposed fiscal year 2022/23 budget portions of the unassigned reserves have been assigned to reserve accounts. The proposed general fund reserve account balances for the proposed fiscal year 2022/23 budget are:
• Revenue Reserve: $1,144,000 or 20% of total budgeted funds • Employee Benefit Reserve: $250,000 or 50% of City’s total liability • Capital Improvement Reserve: $100,000 or 2% of total budgeted funds • Vehicle and Equipment Replacement Reserve: $150,000 or 25% of liability • Litigation Reserve: $120,000 or 100% of annual loss claims history • Community Fund Reserve: $28,000 or 100% of Community Agency average Carry Forward
The proposed fiscal year 2022/23 budget will include carry forward of $500,000 from the previous budget. In instances where reserve funds are insufficient carry forward amounts should generally be applied to reserve funds. Where reserve funds are already being addressed for growth within the budget, as is proposed in the coming fiscal year, the general fund carry forward can be used for budget expenditures. The carry forward contains unspent funds from fiscal year 2021/22 that would have gone to equipment replacement and rolling stock. Instead of moving the monies into the vehicle and equipment replacement reserve they remain in the unassigned general fund reserve and will be allocated as expenditures within the various departments as well as to cover the unfunded portion of the City’s technology and website upgrade project by action of the City Council throughout the fiscal year.

Strategic Planning
In the beginning of fiscal year 2022/23 the city will undergo a stakeholder led Strategic Planning process.

The result of the process will include the adoption of the City’s first comprehensive Strategic Plan. The adoption of the plan will coincide with a budget amendment to reflect both changes in policy and funding as a result of established initiatives, goals and objectives from the adopted Strategic Plan.

City of Nevada City Fiscal Year 2022-2023 Proposed Budget 9 Fiscal Year 2022-2023 City Manager’s Budget Transmittal Letter American Rescue Plan Act Funds
The proposed fiscal year 2022/23 budget for discussion at the workshop does not include American Rescue Plan Act (ARPA) funds. The City anticipates receiving the second distribution of these funds in June of 2022 for a total of $777,443. These funds are restricted by federal legislation for use. One of these restricted uses is to offset lost revenues. The city will have greater lost revenues, including lost growth of revenues, than the total ARPA allocation. This will allow the City to recognize the full amount as general fund revenue and authorize the funds for expenditure in the future. The ARPA funds will be recommended for expenditure based on the outcome of the adopted Strategic Plan and included in the budget amendment noted.

Financial Audits
As the City did not adopt the current fiscal year budget (2021/22) until January of 2022, the audit of the fiscal year 2020/21 budget did not begin until March of 2022. The audit is underway, and the results will be reported to the City Council when complete. The audit for fiscal year 2021/22 will follow shortly thereafter at which point the city will be back on timeline for annual audits.

Respectfully Submitted,
Sean Grayson
City Manager
AND NOW………….ON WITH THE BUDGET!
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 10 Citywide Organizational Chart Fiscal Year 2022-2023
The City Treasurer position is eliminated effective July 1, 2022 by voter initiative Nevada City
Community
Members
City Clerk City Council
City Manager
General
Administration
Finance
Human
Resources
Planning Public Works
Capital
Improvement
Program
Streets &
Facilities
Water &
Wastewater
Parks and
Recreation Police Fire
Planning
Commission City Attorney
City Treasurer
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 11 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.

Vision Statement
Nevada City, nestled in the Sierra foothills, will be a vibrant, uniquely beautiful small town that balances art and culture, historical preservation and progress.

The City of Nevada City Values…(not in priority order)
● Embracing and promoting diversity
● A commitment to public service
● Ethical and transparent behavior
● Fiscal responsibility
● Preserving and enhancing our community
● Excellent, responsive customer service
● A commitment to our community as a whole
● Support for and commitment to a safe, just, equitable, diverse, and inclusive Nevada City The City Council adopted Goals…(not in priority order)
● Improve citywide infrastructure with emphasis on increased parking ● Improve citywide technology
● Improve and maintain fiscal stability and sustainability ● Improve safety and security of city residents and visitors ● Enhance long-term planning documents
Upon the hiring of the new City Manager in February of 2022, a set of interim Strategic Initiatives were developed to help drive the formation of this budget consistent with the City Council adopted goals and aligned in a way to support future strategic planning. Each strategic initiative includes goals and each department and/or program will have objectives that are aligned with the goals and initiatives.

City of Nevada City Fiscal Year 2022-2023 Proposed Budget 12 Interim Strategic Initiatives
Safety
● Improve safety and security of city residents and visitors ● Increase investment in wildfire risk reduction
Services
● Develop measurement of citywide service levels
● Retain and enhance the Nevada City Police Department
Infrastructure
● Improve citywide infrastructure with emphasis on increased parking ● Assess long-term water resiliency
Professionalism of Government
● Improve citywide technology
● Improve and maintain fiscal stability and sustainability ● Enhance long-term planning documents
Strategic Planning
In the beginning of fiscal year 2022/23 the city will undergo a stakeholder led Strategic Planning process.

The result of the process will include the adoption of the City’s first comprehensive Strategic Plan. The adoption of the plan will coincide with a budget amendment to reflect both changes in policy and funding as a result of established initiatives, goals and objectives from the adopted Strategic Plan.

City of Nevada City Fiscal Year 2022-2023 Proposed Budget 13 Budget Summary
City of Nevada City

PROPOSED ANNUAL BUDGET
Fiscal Year 2022-23
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 14

CITY OF NEVADA CITY GENERAL FUND EXPENDITURES AND REVENUES

GENERAL FUND EXPENSES
FY 22/23
Proposed
Budget GENERAL FUND REVENUES FY 22/23 Proposed Budget
GENERAL GOVERN. $    1,167,073.00 Property Tax 1,883,682 SAFETY 3,398,238 Permits & Licenses 179,450
BLDG.& GROUNDS&STREETS 287,721 Program Income 179,856
STREETS 463,345 Other Taxes 772,829
PARK & REC 633,389 Sales Tax 2,707,280
Measure "C" Transfer In (226,669) 5,723,097
5,723,097

TOTAL BUDGETED EXPENDITURES TOTAL BUDGET REVENUE
Streets & Cap Improv 6,233,000 Streets & Cap Improvements 5,447,286 General Fund 5,949,765 General Fund 5,949,765
Non Gen Fund Public Safety 1,298,060 Non Gen Fund Public Safety 715,590 Sewer 1,949,494 Sewer 1,465,744
Water 908,092 Water 890,000

GENERAL
GOVERN.
19%
SAFETY
57%
BLDG.&
GROUNDS&STR…

STREETS
8%

PARK & REC
11%

GENERAL GOVERN EXPENDITURES
GENERAL GOVERN. SAFETY BLDG.& GROUNDS&STREETS STREETS PARK & REC Property Tax
1,883,682
33%
Permits &
Licenses
179,450
3%
Program
Income
179,856
3%
Other Taxes
772,829
14%
Sales Tax
2,707,280
47%

GENERAL FUND REVENUE
Property Tax Permits & Licenses Program Income Other Taxes Sales Tax Streets & Cap
Improv, 6,233,000,
38%
General Fund,
5,949,765, 36%
Non Gen Fund
Public Safety,
1,298,060, 8%
Sewer,
1,949,494, 12%
Water, 908,092,
6%

TOTAL BUDGETED EXPENSES
Streets & Cap Improv General Fund Non Gen Fund Public Safety Sewer Water Streets & Cap
Improvements,
5,447,286, 38%
General Fund,
5,949,765, 41%
Non Gen Fund
Public Safety,
715,590, 5%
Sewer,
1,465,744,
10%
Water,
890,000, 6% TOTAL BUDGETED REVENUES
Streets & Cap Improvements General Fund
Non Gen Fund Public Safety Sewer
Water
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 15 Fund Balance
City of Nevada City

PROPOSED ANNUAL BUDGET
Fiscal Year 2022-23
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 16 Budget Summary
Estimted Beg
Fund Bal 22/23 Rev Exp Net Cost
Estimate End
Fund Bal
100 General Fund $   4,530,384.00 $    5,949,765.00 $         5,949,765.00 $                            ‐ $   4,530,384.00 285 Measure C 474,992.00 580,340.00 $         $             797,560.19 $            (217,220.19) $      257,771.81 600 Water Fund $        57,784.00 $        890,000.00 $             908,092.00 $              (18,092.00) $        39,692.00 614 WATER‐AB1600 $        72,712.26 $        72,712.26
650 Sewer Fund 1,228,297.00 1,465,743.72 $     $         1,949,494.18 $            (483,750.46) $      744,546.54 654 SEWER‐AB1600 $        41,828.00 $           3,500.00 $                  3,500.00 $        45,328.00 655 SEWER EPA GRANT $       (74,471.00) $                            ‐ $       (74,471.00) 715 Measure S &  Measure M $      771,487.80 $        835,000.00 $         1,050,000.00 $            (215,000.00) $      556,487.80 200 AB 1600 $      159,282.00 $          22,000.00 $                           ‐ $               22,000.00 $      181,282.00 201 P&R Quimby $           6,478.83 $            2,700.00 $                           ‐ $                  2,700.00 $           9,178.83 205 Donation $           9,746.00 $                100.00 $                           ‐ $                     100.00 $           9,846.00 209 Highway Bridge Project (Nevada St. Bridge) $      119,966.00 $    3,000,000.00 $         3,000,000.00 $                            ‐ $      119,966.00 210 Gas Tax $      448,990.00 $        112,000.00 $             487,000.00 $                            ‐ $      448,990.00 212 NCTC RSTP/STIP Streets & Roads $                    ‐ $          71,000.00 $               71,000.00 $                            ‐ $                    ‐ 213 NCTC Local Ped & Bike $                    ‐ $          30,000.00 $               30,000.00 $                            ‐ $                    ‐ 215 CMAQ Grant ‐ Streets & Roads $        32,504.00 $        562,000.00 $             562,000.00 $                            ‐ $        32,504.00 216 Traffic Relief $        10,937.79 $                  60.00 $                           ‐ $                       60.00 $        10,997.79 217 Regional Traffic Mitigation $        21,774.28 $          26,861.24 $               25,000.00 $                  1,861.24 $        23,635.52 218 FEMA $       (15,962.27) $                      ‐ $                           ‐ $                            ‐ $       (15,962.27) 220 Indian Trails $        46,394.00 $                250.00 $                           ‐ $                     250.00 $        46,644.00 221 US Tank Removal $                    ‐ $                      ‐ $                           ‐ $                            ‐ $                    ‐ 222 PSPS Grant $        37,705.66 $                      ‐ $                           ‐ $                            ‐ $        37,705.66 223 CalFire $                    ‐ $                      ‐ $                           ‐ $                           ‐ $                    ‐ 224 LWCF ‐ Pool Rehabilitation $        25,020.02 $                      ‐ $                           ‐ $                            ‐ $        25,020.02 227 Little Deer Creek Restoration Project $         (6,106.83) $                      ‐ $                           ‐ $                            ‐ $         (6,106.83) 229 Brownsfield  ‐ Quartz Mill $           8,435.87 $          24,000.00 $                           ‐ $               24,000.00 $        32,435.87 230/231 Fire Taxes (1986, 2003, Tax Cap.) $      132,461.53 $          35,000.00 $             100,500.00 $              (65,500.00) $        66,961.53 241 NC Rec/Quimby $                    ‐ $                      ‐ $                           ‐ $                            ‐ $                    ‐ 250 CDBG 2012/2015 $       (15,278.78) $                      ‐ $                           ‐ $                            ‐ $       (15,278.78) 265 NC CABY ‐ $                     $                      ‐ $                           ‐ $                            ‐ $                    ‐ 266 Washington CABY $      205,353.16 $                      ‐ $                           ‐ $                            ‐ $      205,353.16 271 Prop. 172 ‐ SB509 $         (3,820.42) $                (3,820.42) $                    ‐ 272 Mathivet $        11,853.83 $                  65.00 $                           ‐ $                       65.00 $        12,134.87 273 Supplemental Law Enforcement (SLESF) $      460,916.00 $        100,000.00 $             400,000.00 $            (300,000.00) $      160,916.00 280 Measure "L" Tax (restricted) $              163.00 $                      ‐ $                          ‐ $                            ‐ $              163.00 295 California OEM $                    ‐ $        750,000.00 $         1,000,000.00 $            (250,000.00) $     (250,000.00) 710 Constitution Day Parade $           2,400.98 $            8,000.00 $                 8,000.00 $                            ‐ $           2,400.98 770 Becker $        19,193.83 $                310.00 $                           ‐ $                     300.00 $        19,493.83 $   8,821,422.54 $  14,468,384.96 $       16,338,411.37 $         (1,870,026.41) $   7,330,732.59 FY 22/23 Proposed Budget
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 17 Special Funds Revenues & Expenditures
City of Nevada City

PROPOSED ANNUAL BUDGET
Fiscal Year 2022‐23
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 18 Special ‐ Restricted Uses FY 19/20 FY 20/21 FY 20/21 YE Projections FY 21/22 FY 22/23 REVENUES:
200 AB 1600 $                            39,359 $                            24,240 $                            34,784 $                            24,240 201 P&R Quimby $                                      4 $                              3,529 202 Prop 68 $                          227,800
205 Donation $                                  813 $                                  100 $                              6,502 $                                  100 209 Highway Bridge Project (Nevada St. Bridge) $                          163,404 $                      1,770,600 $                            58,716 $                      1,770,600 $              2,000,000 210 Gas Tax $                          137,794 $                          142,607 $                          137,794 $                          142,607 $                  112,000 212 NCTC RSTP/STIP Streets & Roads $                            71,000 $                            34,000 $                            71,000 $                    71,000 213 NCTC Local Ped & Bike $                            30,000 $                            86,000 $                            30,000 $                    30,000 215 CMAQ Grant ‐ Streets & Roads $                            13,373 $                          100,000 $                            13,152 $                          100,000 $                  562,000 216 Traffic Relief $                              3,632 $                              3,680 $                                    59 $                              3,680 $                            60 217 Regtional Traffic Mitigation $                            21,946 $                              7,565 $                            23,224 $                              7,565 $                    26,861 220 Indian Trails $                                  627 $                                  450 $                                  250 $                                  450 $                          250 222 PSPS Grant $                          225,000 $                                       ‐ $                                       ‐ 224 LWCF ‐ Pool Rehabilitation $                                       ‐ $                                       ‐ 227 Little Deer Creek Restoration Project $                          108,009 $                                       ‐ $                                       ‐ 229 Brownsfield  ‐ Quartz Mill $                            16,281 $                            30,000 $                            26,875 $                            30,000 $                    24,000 230/231 Fire Taxes (1986, 2003, Tax Cap.) $                            98,491 $                          100,500 $                          107,444 $                            98,611 $                    35,000 250 CDBG 2012/2015 $                            12,623 $                                       ‐ $                          200,000 $                                       ‐ 266 Washington CABY $                          196,582 $                                       ‐ $                         529,694 $                                       ‐ 271 Prop. 172 ‐ SB509 $                          144,265 $                            35,000 $                            34,140 $                            35,000 272 Mathivet $                                  998 $                                  400 $                                    64 $                                  400 273 Supplemental Law Enforcement (SLESF) $                          125,569 $                          100,500 $                          136,620 $                          100,500 280 Measure "L" Tax (restricted) $                            11,196 $                                       ‐ $                                  163 $                                       ‐ 285 Measure "C" $                                       ‐ $                                       ‐ 295 Cal OES $                  750,000
710 Constitution Day Parade $                              6,000 $                              8,000 $                              8,000 715 Measure "S"  Measure "M" Tax (restricted) $                                      ‐ $                                       ‐ $              1,050,000 770 Becker $                                  255 $                                  300 $                                  103 $                                  300 $                                       ‐ $                                       ‐ TOTAL REVENUES: $                      1,326,221 $                      2,424,942 $                      1,433,113 $                      2,650,853 $              4,661,171 EXPENDITURES:

Actual Adopted Proposed
code Special FY 19/20 FY 20/21 FY 21/22
200 AB 1600
205 Donation $                            22,461 $                                       ‐ 209
Highway Bridge Project Grant ‐ Nevada Street Bridge
(Environmental Study) $                          115,421 $                            31,823 $                                       ‐ 210 Gas Tax (Streets and Roads Repair and Maintenance) $                            88,056 $                          137,794 $                            50,000 $                  187,000 212 NCTC RSTP/STIP Streets & Roads $                            34,000 $                                       ‐ 213 NCTC Local Ped & Bike $                            86,000 $                                       ‐ 215 CMAQ Grant ‐ Streets & Roads $                            18,495 $                              9,882 $                                       ‐ 217 Regional Traffic Mitigation $                            21,861 $                              7,565 $                            23,332 $                              7,565 $                    25,000 220 Indian Trails $                                  943 $                              1,000 $                                       ‐ 221 US Tank Removal $                                       ‐ 222 PSPS Grant $                                  510 $                                       ‐ 227 Little Deer Creek Restoration Project $                                      ‐ $                                       ‐ 229 Brownsfield  ‐ Quartz Mill $                              8,173 $                            30,000 $                            26,875 $                            30,000 230/231 Fire Taxes (1986, 2003, Tax Cap.) $                            98,488 $                                       ‐ 250 CDBG 2012/2015 $                          200,000 $                                       ‐ 271 Prop 172 (debt Service for Vehicles) $                          198,347 $                            25,785 $                            25,785 $                            25,785 $                    25,785 272 Mathivet $                                  750 $                                       ‐ 273 Supplemental Law Enforcement (SLESF) $                          100,210 $                                      ‐ 280 Measure "L" $                            90,424 $                                       ‐ 710 Constitution Day $                              5,675 $                              8,000 $                              8,000 $                      8,000 Totals ‐ Operations $                      1,089,814 $                           72,350 $                         255,491 $                         121,350 $                 245,785 Capital Outlay:
209
Highway Bridge Project Grant ‐ Nevada Street Bridge
(Environmental Study) $                      3,000,000 $                            43,349 $                      3,000,000 $              3,000,000 205 Donation Projects $                                       ‐ 210 Gas Tax $                            75,000 $                            75,000 $                  300,000 212 NCTC RSTP/STIP Streets & Roads $                            71,000 $                            71,000 $                    71,000 213 NCTC Local Ped & Bike $                            30,000 $                            30,000 $                    30,000 215 CMAQ (S&R) ‐ $                          100,000 $                              9,882 $                          100,000 $                  562,000

CITY OF NEVADA CITY
FY 22/23 PROPOSED BUDGET

SPECIAL FUNDS
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 19 217 Regional Traffic Mitigation $                    25,000 222 PSPS Grant $                          186,784
271 Prop 172 $                            68,656 $                                       ‐ 295 Cal OES $                                       ‐ $              1,000,000 Totals ‐ Capital Outlay $                                       ‐   $                      3,276,000  $                          308,671  $                      3,276,000  $              4,988,000 TOTAL EXPENDITURES & CAPITAL OUTLAY: $                      1,089,814 $                      3,348,350 $                         564,162 $                      3,397,350 $              5,233,785 OPERATING TRANSFERS IN:
209
Transfers In ‐ Highway Bridge Project Grant ‐ Nevada
Street Bridge $                         229,400 $                          229,400 $                          229,400 $                  119,966 Subtotal ‐ Transfers In $                                       ‐ $                          229,400 $                          229,400 $                          229,400 $                  119,966 OPERATING TRANSFERS OUT:
230/231 Transfers Out ‐ Fire Taxes $                          100,500 $                          100,500 $                          100,500 $                               ‐ 273
Transfers Out ‐ Special Revenues SLESF (Supplemental
Law Enforcement) $                          100,000 $                          100,000 $                          100,000 $                               ‐ Subtotal ‐ Transfers Out $                                      ‐ $                         200,500 $                         200,500 $                         200,500 NET CHANGE IN SPECIAL FUNDS $                          236,407 $                        (894,508) $                          897,850 $                        (717,597) $                (698,433) City of Nevada City Fiscal Year 2022-2023 Proposed Budget 20 Revenues
City of Nevada City

PROPOSED ANNUAL BUDGET
Fiscal Year 2022-23
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 21 FUND #: 100 Name: GENERAL FUND
Revenue Description
FY 17/18
Actuals
FY 18/19
Actuals FY 19/20 Budget
FY 19/20
Actuals
FY 19/20
Actuals
FY 20/21
Adopted
Budget
FY 20/21 YE
Projections
FY 21/22
Approved
Budget
FY 22/23
Proposed
Budget
3100 101 CURRENT & PRIOR YR ‐ SECURED $ 1,195,500 $ 1,259,818 $ 1,340,680 $ 782,700 $ 1,307,491 $ 1,317,882 $ 1,449,083 $ 1,449,083 $ 1,485,310 3100 102 CURRENT & PRIOR YR ‐ UNSECURED $ 19,541 $ 20,289 $ 20,900 $ 21,449 $ 22,731 $ 23,023 $ 23,389 $ 23,389 $ 23,389 3100 103 SUPPLEM. ‐ SECURED & UNSECURED $ 24,172 $ 12,863 $ 24,695 $ 16,207 $ 15,344 $ 15,159 $ 23,087 $ 23,087 $ 28,859 3100 104 SUPPLEM. ‐ PRIOR $ 318 $ 55 $ 335 $ 56 $ 77 $ 128 $ 141 $ 141 $ 200 3100 105 HOMEOWNERS PROPERTY TAX $ 10,760 $ 10,769 $ 10,755 $ 6,384 $ 10,628 $ 10,741 $ 11,169 $ 11,169 $ 11,448.23 3100 107 PROPERTY TAX IN‐LIEU VLF $ 281,335 $ 296,072 $ 296,220 $ 153,676 $ 307,352 $ 310,426 $ 324,098 $ 324,098 $ 332,200 3100 115 MISC. PROPERTY TAX $ 2,365 $ 2,091 $ 1,853 $ 1,806 $ 2,323 $ 2,358 $ 2,275 $ 2,275 $ 2,275 SubTotal $ 1,533,992 $ 1,601,956 $ 1,695,438 $ 982,278 $ 1,665,946 $ 1,679,718 $ 1,833,242 $ 1,833,242 $ 1,883,682 3200 106 ROOM TAX $ 424,318 $ 394,861 $ 420,000 $ 355,357 $ 390,267 $ 295,000 $ 463,797 $ 463,797 $ 486,987 3200 107 SALES TAX $ 1,048,928 $ 1,164,086 $ 1,050,000 $ 950,739 $ 1,279,373 $ 1,126,000 $ 1,224,194 $ 1,246,291 $ 1,505,293 3200 108 MEASURE "F" MED CANNABIS TAX ‐ $ $ 176,850 $ 240,000 $ 340,224 $ 534,788 $ 500,000 $ 690,795 $ 700,000 $ 700,000 3200 112 PROPERTY TRANSFER FEES $ 24,388 $ 17,953 $ 20,000 $ 14,108 $ 13,701 $ 15,000 $ 11,927 $ 15,000 $ 15,000 SubTotal $ 1,497,634 $ 1,753,751 $ 1,730,000 $ 1,660,428 $ 2,218,130 $ 1,936,000 $ 2,390,713 $ 2,425,088 $ 2,707,280 3300 120 BUSINESS LICENSE $ 63,941 $ 68,750 $ 72,500 $ 106,279 $ 99,339 $ 60,000 $ 81,721 $ 81,721 $ 99,700 3300 121 DOG LICENSE $ 80 $ 136 $ 100 $ 60 $ 68 $ 60 $ 36 $ 60 $ 500 3300 122 PERMITS ‐ MISCELLANEOUS $ 7,208 $ 4,460 $ 5,000 $ 5,220 $ 7,370 $ 2,500 $ 5,540 $ 6,144 $ 7,500 3300 123 ALCOHOL PERMITS $ 1,960 $ 1,880 $ 1,500 $ 950 $ 1,090 $ 1,000 $ 70 $ 1,250 $ 1,250 3300 124 TOBACCO LICENSE $ 700 $ 500 $ 500 $ 500 $ 500 $ 500 $ 400 $ 500 $ 500 3300 125 CANNABIS PERMITS $ 65,164 $ 66,191 $ 70,000 $ 93,075 $ 72,000 $ 40,000 $ 28,500 $ 40,000 $ 70,000 SubTotal $ 139,053 $ 141,916 $ 149,600 $ 206,084 $ 180,367 $ 104,060 $ 116,267 $ 129,675 $ 179,450 3400 130 INTEREST $ (1,350) $ 3,857 $ 1,000 $ 1,444 $ 15,464 $ 1,500 $ 8,384 $ 8,384 $ 10,000 3400 131 CORP. YARD & BUILDING RENTS $ 70,753 $ 71,071 $ 106,590 $ 60,648 $ 76,491 $ 50,000 $ 77,538 $ 73,963 $ 81,359 3400 133 PROGRAM INCOME $ 173,554 $ 173,554 $ 250,000 $ ‐ $ 173,554 $ 175,000 $ ‐ $ 175,000 $ 175,000 SubTotal $ 242,957 $ 248,482 $ 357,590 $ 62,091 $ 265,508 $ 226,500 $ 85,922 $ 257,347 $ 266,359 3500 140 TRANSPORTATION COMMISSION $ 7,500 $ 7,500 $ 7,500 $ ‐ $ 7,500 $ 7,500 $ 7,500 $ 7,500 3500 143 POLICE OFFICER SPECL TRAINING $ 413 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ 3500 148 GRANT REIMBURSEMENT $ 13,333 $ 17,328 $ 10,000 $ 256,015 $ 57,947 $ 10,000 $ 245,832 $ 10,000 $ 10,000 3500 150 WORK. COMP. RMB $ 21,331 $ 11,200 $ ‐ $ ‐ $ 392 $ ‐ $ ‐ 3500 1502 MISC STATE RV/REIMB $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ 3,299 $ ‐ 3500 154 Liability Insurance Reimb ‐ $ $ 8,005 $ ‐ $ 992 $ 13,805 $ ‐ $ 10,508 $ 10,000 SubTotal $ 42,577 $ 44,033 $ 17,500 $ 257,007 $ 79,643 $ 17,500 $ 259,638 $ 17,500 $ 27,500 3600 150 PLANNING FEES $ 29,580 $ 41,102 $ 50,500 $ 28,544 $ 37,444 $ 50,000 $ 112,258 $ 55,096 $ 66,115 3600 151 PARK FEES $ 26,248 $ 23,690 $ 21,500 $ 14,059 $ 16,110 $ 15,000 $ 7,277 $ 18,331 $ 18,331 3600 152 POOL ADMISSIONS $ 41,618 $ 44,028 $ 44,000 $ 30,975 $ 26,580 $ 14,500 $ 5,598 $ 29,456 $ 29,456 3600 153 SWIMMING LESSONS $ 33,770 $ 39,780 $ 35,000 $ 5,897 $ 21,982 $ 33,880 $ 3,483 $ 24,754 $ 24,754 3600 155 MISC POLICE DEPT. FEES $ 5,292 $ 1,108 $ 1,500 $ 1,017 $ 1,944 $ 1,000 $ 4,648 $ 3,248 $ 2,200 3600 156 TENNIS LIGHTS $ 4 $ ‐ $ ‐ $ ‐ $ 17,774 $ ‐ $ 33,759 $ 12,884 $ ‐ 3600 157 INSPECTION FEES ‐ $ $ 32,594 $ 48,000 $ 24,433 $ 97 $ 20,000 $ 5 $ 8,174 $ 7,500 3600 159 COPIES $ 221 $ 21 $ 200 $ 97 $ 3,156 $ 100 $ ‐ $ 100 $ 100 City of Nevada City All Revenues 22/23
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 22 Revenue Description
FY 17/18
Actuals
FY 18/19
Actuals FY 19/20 Budget
FY 19/20
Actuals
FY 19/20
Actuals
FY 20/21
Adopted
Budget
FY 20/21 YE
Projections
FY 21/22
Approved
Budget
FY 22/23
Proposed
Budget
3600 161 POOL RENTAL $ 8,690 $ 9,550 $ 10,500 $ 3,600 $ 6,069 $ 6,400 $ 2,035 $ 6,586 $ 7,500 3600 162 POOL SNACK BAR $ 10,543 $ 12,889 $ 11,500 $ 6,969 $ 9,450 $ 6,000 $ 1,268 $ 8,538 $ 8,500 3600 163 SUMMER CAMP PROGRAM $ 15,886 $ 24,100 $ 18,000 $ 2,813 $ 11,708 $ 10,000 $ 2,121 $ 13,454 $ 15,000 3600 164 VETERAN'S BLD REVENUE $ 19,016 $ 23,544 $ 23,500 $ 12,823 $ ‐ $ 10,000 $ 1,459 $ ‐ $ ‐ 3600 174 STREET CLOSURE FEES $ 150 $ 375 $ 1,000 $ 300 $ 394 $ 300 $ 400 $ 330 $ 400 3600 175 BANNER FEES $ 110 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐
SubTotal $ 191,128 $ 252,779 $ 265,200 $ 131,526 $ 152,708 $ 167,180 $ 174,310 $ 180,950 $ 179,856 3700 160 DAMAGE RECOVERY $ 500 $ 380 $ ‐ $ ‐ $ ‐ $ 2,000 3700 161 MOTOR VEHICLE IN‐LIEU $ 1,689 $ 1,549 $ 1,600 $ 2,471 $ 2,471 $ 2,500 $ 2,303 $ 2,003 $ 2,000 3700 162 TRAFFIC SAFETY ‐ PARKING CITES $ 100,074 $ 137,539 $ 135,000 $ 126,309 $ 133,169 $ 85,000 $ 21,409 $ 135,000 $ 145,000 3700 164 TRAFFIC SAFETY ‐ CRIMINAL $ 8,175 $ 8,823 $ 9,000 $ 7,331 $ 10,891 $ 9,000 $ 31,046 $ 14,734 $ 15,000 3700 166 PARKING METERS $ 101,847 $ 100,366 $ 270,000 $ 83,350 $ 87,169 $ 90,000 $ 41,601 $ 96,461 $ 101,284 3700 167 FRANCHISES $ 166,131 $ 161,282 $ 165,000 $ 86,469 $ 160,993 $ 166,500 $ 163,466 $ 162,968 $ 162,968 3700 168 FIRE DEPARTMENT $ 154,345 $ 232,367 $ 14,400 $ 62,346 $ 65,961 $ 20,000 $ 44,880 $ 20,000 $ ‐ 3700 172 CANINE PROGRAM REVENUES ‐ $ $ 10,141 $ ‐ $ ‐ $ ‐ $ 5,070 $ ‐ 3700 173 MISC. $ 156 $ 4,169 $ 200 $ 5,007 $ 4,157 $ 5,000 $ 26,769 $ 8,812 $ 10,000 3700 174 RETURN CHECK CHARGES $ 325 $ 225 $ 300 $ 150 $ 150 $ 150 $ 25 $ 181 $ 150 3700 177 PARKING PERMITS‐EMPLOYEE $ 5,443 $ 5,568 $ ‐ $ 3,973 $ 8,933 $ 500 $ 1,360 $ 5,326 $ 5,500 3700 179 FORFEITURE FUND $ 6,635 $ (48,571) $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ 3700 189 ABANDONED VEH ABATEMENT FEES $ 6,371 $ 31,970 $ 5,000 $ ‐ $ 1,928 $ ‐ $ 4,457 $ 11,182 $ 12,000 3700 190 PARKING BAIL ‐ STATE $ 21,619 $ 24,480 $ 21,500 $ 20,425 $ 21,676 $ 24,000 $ 16,110 $ 20,971 $ 23,068 SubTotal $ 573,311 $ 670,287 $ 622,000 $ 397,831 $ 497,497 $ 402,650 $ 353,426 $ 482,708 $ 478,970 3900 101 SALE OF PERSONAL PROPERTY ‐ $ $ 13,500 $ ‐ $ ‐ $ 2,448 $ ‐ $ 5,000 $ 5,000 $ ‐ 3900 110 PROCEEDS FROM DEBT $ 280,000 $ ‐ $ ‐ $ ‐ $ 223,075 $ ‐ $ ‐ 3900 120 TRANSFERS IN $ 170,608 $ 132,500 $ ‐ $ ‐ $ ‐ $ 226,668 SubTotal $ 450,608 $ 146,000 $ ‐ $ ‐ $ 225,523 $ ‐ $ 5,000 $ 5,000 $ 226,668 Total Revenue ‐‐‐‐‐‐‐‐‐> $ 4,671,259 $ 4,859,205 $ 4,837,328 $ 3,697,246 $ 5,285,323 $ 4,533,608 $ 5,218,519 $ 5,331,510 $ 5,949,765 City of Nevada City Fiscal Year 2022-2023 Proposed Budget 23 Expenses
City of Nevada City

PROPOSED ANNUAL BUDGET
Fiscal Year 2022-23
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 24 Nevada City General Fund Summary Actuals to Budgets
Summary of Comparative 2022/23 Budget
Row Labels
FY 18/19
Actuals
FY 19/20
Actuals
FY 20/21
Adopted Budget
FY 20/21 YE
Projections
FY 21/22
Approved
Budget
FY 22/23
Proposed
Budget
5000 Compensation 1,800,525 1,821,222 1,717,785 1,863,208 1,912,104 2,237,154 5100 Benefits 1,096,376 1,123,154 1,404,288 1,432,327 1,431,701 1,640,941 5200 Operations 1,457,560 1,495,537 1,379,105 1,577,354 1,805,594 1,847,211 5500‐5600 Cap Outlay, Fx Assets, A87 359,781 378,629 76,611 16,490 183,103 224,460 Grand Total 4,714,242 4,818,543 4,577,789 4,889,378 5,332,502 5,949,765 0 1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
FY 20/21 YE Projections FY 21/22 Approved Budget FY 22/23 Proposed Budget FY 20/21 ‐ FY 22/23 Projected, Approved and Proposed
Budgets
5000 Compensation 5100 Benefits
5200 Operations 5500‐5600 Cap Outlay, Fx Assets, A87
Grand Total
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 25 GENERAL FUND EXPENDITURES‐FY 21/22 PROPOSED BUDGET
General Fund (100) by Expense
GF Expenditures Dept FY 17/18 Actuals FY 18/19 Actuals FY 19/20 Actuals FY 20/21 Adopted Budget FY 20/21 YE Projections FY 21/22 Approved Budget FY 22/23 Proposed Budget DEPT #: 4600 GENERAL GOVERN. $ 285,453.75 $ 236,620.04 $ 280,039.16 $ 313,507.00 $ 299,095.21 $ 304,766.75 $ 355,886.00DEPT #: 4602 CITY COUNCIL $ 18,605.32 $ 19,823.65 $ 24,754.66 $ 23,318.00 $ 22,323.87 $ 23,318.00 $ 23,318.00 DEPT #: 4604 PLAN COMMISSION $ 5,817.64 $ 5,363.77 $ 5,023.02 $ 5,827.00 $ 4,968.14 $ 5,827.00 $ 5,827.00 DEPT #: 4606 CITY ATTORNEY $ 91,545.22 $ 135,149.40 $ 176,470.46 $ 127,175.00 $ 158,557.37 $ 127,175.00 $ 132,175.00 DEPT #: 4608 CITY PLANNER $ 179,813.93 $ 239,642.21 $ 236,923.77 $ 232,631.00 $ 233,702.47 $ 238,676.02 $ 253,235.00DEPT #: 4615 CITY MANAGER $ 53,180.58 $ 168,444.35 $ 184,539.63 $ 220,664.00 $ 321,834.95 $ 284,402.61 $ 346,432.00DEPT #: 4620 CITY CLERK&TRES $ 2,593.30 $ 2,573.42 $ 2,603.23 $ 2,584.00 $ 2,603.20 $ 2,584.00 DEPT #: 4630 FIRE DEPARTMENT $ 711,435.61 $ 734,637.72 $ 650,994.85 $ 659,245.00 $ 909,315.43 $ 788,656.60 $ 795,202.00DEPT #: 4640 POLICE DEPT. $ 1,816,835.39 $ 1,866,331.48 $ 1,886,768.38 $ 1,935,351.00 $ 2,003,257.86 $ 2,224,620.21 $ 2,603,036.00 DEPT #: 4650 BLDG.& GROUNDS&Streets $ 328,287.60 $ 219,979.90 $ 294,895.71 $ 184,106.00 $ 203,233.95 $ 700,882.00 $ 751,066.00 DEPT #: 4655 COMMUNITY AGCY $ 59,856.21 $ 60,981.85 $ 82,171.50 $ 50,550.00 $ 44,764.35 $ 50,200.00 $ 50,200.00 DEPT #: 4660 ST. DEPT. STREET DEPT. $ 324,143.29 $ 520,707.76 $ 601,341.67 $ 409,834.00 $ 360,276.97 DEPT #: 4670 PARK & REC.,Pool, Camp $ 189,143.75 $ 218,534.40 $ 219,402.35 $ 213,337.00 $ 179,186.09 $ 316,604.30 $ 633,389.00 DEPT #: 4675 POOL $ 342,749.40 $ 194,523.11 $ 135,793.34 $ 147,874.00 $ 104,590.76 $ 208,555.72 DEPT #: 4676 SUMMER CAMP PRG $ 22,832.94 $ 31,022.09 $ 20,888.01 $ 24,738.00 $ 16,068.69 $ 26,174.76 DEPT #: 6950 VETERAN'S BLDG $ 57,212.73 $ 60,545.59 $ 54,477.05 $ 59,482.00 $ 42,628.73 $ ‐Transfer in from Fund 285 Measure "C" Transfer In $ (226,669.00) Total $ 4,489,506.66 $ 4,714,880.74 $ 4,857,086.79 $ 4,610,223.00 $ 4,906,408.04 $ 5,302,442.96 $ 5,723,097.00 GF Revenues $ 4,671,259.22 $ 4,859,205.16 $ 5,285,322.82 $ 4,533,607.87 $ 5,218,519.26 $ 5,331,510.62 $ 5,723,097.00 Net $ 181,752.56 $ 144,324.42 $ 428,236.03 $ (76,615.13) $ 312,111.22 $ 29,067.66 $ ‐ Fund Balance
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 26 Nevada City General Fund Summary Actuals to Budgets
Summary of Comparative 2022/23 Budget
Row Labels
FY 18/19
Actuals
FY 19/20
Actuals
FY 20/21
Adopted Budget
FY 20/21 YE
Projections
FY 21/22
Approved
Budget
FY 22/23
Proposed
Budget
5000 Compensation
5010 FUND SAL.‐ PERMANENT 6,049 6,265 6,200 6,179 6,528 11,755 5010 GENERAL FUND SAL.‐ PERMANENT 1,403,691 1,589,338 1,550,790 1,628,152 1,632,622 1,984,170 5010 SAL PERM 54,727 54,605 68,045 52,681 74,919 77,523 5011 GENERAL FUND SALARY REIMB (148,825) (172,615) (140,000) (28,374) (60,000) (76,952) 5020 GENERAL FUND SAL.‐ NON‐PERM. 288,645 176,559 94,880 70,718 160,385 158,633 5020 SAL. NON PERM 3,533 3,277 0 0
5030 GENERAL FUND OVERTIME 133,929 93,959 67,420 71,124 50,207 52,353 5030 OVERTIME 3,260 2,573 6,530 2,871 6,915 7,155
5031 GENERAL FUND OVERTIME‐SPEC E 368 741 570 690 679
5031 OVERTIME‐SPEC E 426 369 605 638 660
5040 GENERAL FUND SHIFT DIFF. 11,000 15,278 11,820 18,723 14,243 15,000 5050 GENERAL FUND OTHER‐SPEC.DUTY 2,023 3,657 2,390 2,714 2,480 2,441 5050 OTHER SPEC‐DUT 2,198 1,839 2,760 1,712 2,569 2,658 5060 GENERAL FUND COURT TIME 119 250 250 250
5070 GENERAL FUND INCENTIVE PAY 38,993 44,759 44,820 35,170 18,860 830 5070 INCENTIVE PAY 389 618 705 1,537 798
5000 Compensation Total 1,800,525 1,821,222 1,717,785 1,863,208 1,912,104 2,237,154 5100 Benefits
5140 GENERAL FUND UNEMPLOY.INS. (1,389) 479 0 3,878 1,286 1,523 5155 GENERAL FUND CELL ALLOWANCE 139 145 0 22 0
5110 FUND SOCIAL SECURITY 447 462 475 452 499 899
5110 GENERAL FUND SOCIAL SECURITY 143,700 144,590 139,417 133,180 151,279 182,356 5110 SOCIAL SECURITY 4,860 4,850 5,860 4,715 6,422 6,646 5111 GENERAL FUND BENEFIT REIMB (107,506) (46,242) (60,000) 0 (40,000) (48,048) 5115 GENERAL FUND DEFERRED COMP 2,900 2,620 2,600 2,358 2,600 3,134 5120 GENERAL FUND WORKERS COMP. 200,443 3,027 156,685 155,200 159,730 188,666 5120 WORKERS COMP 18,599 270 15,100 34,053 15,100 15,625 5130  HEALTH INS 16,425 17,828 22,165 15,403 18,070 18,698 5130 FUND HEALTH INS. 2,146 2,347 2,535 2,505 2,711 4,882 5130 GENERAL FUND HEALTH INS. 345,797 428,680 487,435 447,012 448,482 483,968 5137 FUND STD/LTD/LIFE  . 32 34 35 34 34 61
5137 GENERAL FUND STD/LTD/LIFE  . 6,144 7,224 7,631 7,062 7,692 8,696 5137 STD/LTD/LIFE 365 388 465 430 477 494
5140 FUND UNEMPLOY.INS. 98 176
5140 GENERAL FUND UNEMPLOY INS 6,018 1,926 1,471 1,471
5140 GENERAL FUND UNEMPLOY.INS. 67 3,085 0 4,593 26,641 32,428 5140 UNEMPLOYMENT INS 174 1,537 1,278 1,322
5150 GENERAL FUND UNIFORM ALLOW. 10,969 13,334 13,615 11,987 14,113 357 5150UNIFORM ALLOWANCE 276 404 350 241 350
5155 CELL ALLOWANCE 552 483 675 2,093 672 695
5155 FUND CELL ALLOWANCE 46 48 95 7 95 171
5155 GENERAL FUND CELL ALLOWANCE 3,902 3,396 3,580 2,906 3,576 4,213 5160 FUND RETIRE.& PERS 2,086 2,086 3,785 3,763 4,596 8,276 5160 GENERAL FUND RETIRE.& PERS 433,601 516,466 584,705 574,473 583,342 702,410 5160 RETIRE AND PERS 11,775 10,958 17,080 22,497 21,086 21,819 5100 Benefits Total 1,096,376 1,123,154 1,404,288 1,432,327 1,431,701 1,640,941 5200 Operations
5201 GENERAL FUND OP.MATL.& SUPPL 7,127 1,688 5,000 5,000 5,000 5202 GENERAL FUND BLDG.REP.& MNTC 5,268 1,782 3,500 287 3,500 3,500 5201 FUND OP.MATL.& SUPPL 0 0 350 350 350
5201 GENERAL FUND OP. MATL.& SUPPL 35 26 0
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 27 Nevada City General Fund Summary Actuals to Budgets
Summary of Comparative 2022/23 Budget
Row Labels
FY 18/19
Actuals
FY 19/20
Actuals
FY 20/21
Adopted Budget
FY 20/21 YE
Projections
FY 21/22
Approved
Budget
FY 22/23
Proposed
Budget
5201 GENERAL FUND OP.MATL.& SUPPL 70,541 55,299 59,450 31,664 50,100 44,100 5201 OP MATL&SUPPL 16,782 34,426 17,500 814 15,000 0
5202 GENERAL FUND BLDG.REP.& MNTC 22,611 27,295 28,500 3,498 25,000 26,000 5203 GENERAL FUND OFFICE SUPPLIES 9,428 13,422 14,250 7,413 13,350 13,250 5203 OFFICE SUPPLIES 150 27 400 5 200 200
5204 GENERAL FUND TELEPHONE 20,445 22,042 18,325 22,148 13,075 13,325 5204 TELEPHONE 305 0 0 0 0
5205 GENERAL FUND VEH.REP./MAINT. 44,436 38,582 19,350 39,978 9,250 9,750 5205 VEH. REP./MAINT 1,267 5,106 3,500 3,023 3,500 3,500 5206 GENERAL FUND GAS & OIL 51,006 46,715 38,750 31,927 28,750 51,100 5207 FUND PRINT. & ADVERT 510 0 750 150 750 750
5207 GENERAL FUND PRINT. & ADVERT 6,125 8,043 5,750 9,317 5,300 5,650 5207 PRINT & ADVERT. 236 7 150 150 150
5208 DUES, SUBS., PUB 564 0 400 470 400 500
5208 GENERAL FUND DUES,SUBS.,PUB. 14,785 13,476 13,940 10,558 8,440 8,940 5209 GENERAL FUND ELECT & HEATNG 74,198 66,632 71,000 56,163 61,500 63,000 5209ELECT & HEATING 34,901 27,208 25,000 27,833 35,000 35,000 5210   WATER
5210 GENERAL FUND WATER 2,233 2,262 1,950 2,397 750 750 5211 GENERAL FUND INDEPT. AUDITNG 22,300 30,650 30,000 30,000 30,000 30,000 5212 DEBT SVS PRINCIPAL 0
5212 GENERAL FUND DEBT SVC ‐ PRIN 12,801 13,501 34,225 29,949 34,225 34,225 5212DEBT SVS ‐ PRIN 0 41,357 41,358 41,357 41,358 42,000 5213 DEBT SVS AND INTEREST 0
5213 GENERAL FUND DEBT SVC ‐ INT 15,066 13,757 17,893 19,111 17,893 17,893 5213DEBT SVC ‐ INT 0 4,790 7,149 7,153 7,149 7,200
5214 GENERAL FUND LIAB. INSURANCE 100,279 113,177 127,670 134,075 103,330 106,995 5214 GENERAL FUND LIABILITY INSURANCE 367 0 0
5214LIAB. INSURANCE 15,585 25,924 5,135 9,639 5,135 5,400 5216 GENERAL FUND MAINT CONTRACT 237 0 0
5216 GENERAL FUND MAINT. CONTRACT 19,813 80,364 15,600 21,250 15,600 15,600 5216 MAINT. CONTRACT 87 277 0 0 0 0
5217 GENERAL FUND ELECTION COSTS 0 2,806 3,500 3,141 3,500 3,500 5218  FUND OUTSIDE SERVICE 16,954 7,695 7,500 1,008 7,500 7,500 5218 GENERAL FUND OUTSIDE SERVICE 150,414 71,651 120,760 132,319 607,008 612,008 5218 OUTSIDE SVS 9,425 20,446 12,000 7,315 10,000 12,000 5219 GENERAL FUND EQUIP.REP&MAINT 9,639 21,372 14,500 1,210 12,950 13,750 5219EQUIP.REP&MAINT 10,871 4,542 10,000 8,499 10,000 10,000 5220 GENERAL FUND CONFER. & MEETG. 5 0 500
5220 GENERAL FUND CONFER.& MEETG. 4,847 16,962 6,250 49 6,250 6,250 5220 GENERAL FUND CONFER.&MEETG. 350 0 0
5220CONFER.&MEETG. 0 0 200 106 200 500
5220FUND CONFER.& MEETG. 19 0 0 0 0
5221 GENERAL FUND TRAINING & DEV. 24,493 26,695 22,600 27,768 22,600 24,100 5221TRAINING & DEV. 0 200 1,500 548 1,500 1,500
5222 COVID‐19 1,658 37,590 0 0
5222 FUND COVID‐19 38 58 0 0
5222 GENERAL FUND COVID 19 743
5222 GENERAL FUND COVID‐19 0 14,476 33,790 0 0
5224 GENERAL FUND RENTALS 0 0 550 300 350
5224 RENTALS 0 168 500 272 500 500
5225HOSE AND HYDRANTS 319 0 500
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 28 Nevada City General Fund Summary Actuals to Budgets
Summary of Comparative 2022/23 Budget
Row Labels
FY 18/19
Actuals
FY 19/20
Actuals
FY 20/21
Adopted Budget
FY 20/21 YE
Projections
FY 21/22
Approved
Budget
FY 22/23
Proposed
Budget
5227 TOW & STORAGE 1,770 0 500
5228 DSPTCH 692 0 0
5228 GENERAL FUND BROADCST DSPTCH 124,331 134,211 151,625 155,226 140,306 145,000 5229 STREET MTG&RP 855 10,746 10,000 9,865 10,000 10,000 5230 GENERAL FUND SM TOOLS/EQUIP 27,470 16,293 18,500 2,559 30,000 34,650 5230 SM TOOLS/EQUIP 507 3,459 1,500 1,638 1,500 2,000
5231 ENGINEER SERV. 1,016 0 0 0
5231 GENERAL FUND ENGINEER SERV. 15,522 0 7,055 0 1,500 5232 GARBAGE/RECYCLE 2,780 858 750 1,154 750 750
5232 GENERAL FUND GARBAGE/RECYCLE 3,952 2,189 400 250 1,500 5237 GENERAL FUND ATTORNEY 126,177 167,139 125,000 128,345 125,000 130,000 5238 GENERAL FUND AUTO ALLOWANCE 3,800 2,620 2,600 2,358 2,600 2,600 5240 GENERAL FUND CHLORINE & CHEM 11,091 4,653 11,000 5,483 11,000 11,000 5242 GENERAL FUND OTHER PERSONNEL 47,803 31,867 21,750 23,718 19,650 20,000 5242 OTHER PERSONNEL 401 1,491 850 1,578 850 850
5243 GENERAL FUND LATE CHARGE 376 158 100 282 100 100
5245 GENERAL FUND ANIMAL SHELTER 53,869 29,222 40,000 38,962 40,000 40,000 5246 GENERAL FUND SNACK BAR SUPPS 7,407 1,938 2,500 646 2,500 2,500 5247 FUND MISC. EXPENSES 0 0 100 100 100
5247 GENERAL FUND MISC. EXPENSES 16,174 6,295 2,050 995 1,350 1,800 5247 GENERAL FUND STATE/CO FEES 175 57 0 57 0
5248 FUND CAMP FAIR EXP 820 0 1,000 1,000 1,000
5248 GENERAL FUND CAMP FAIR EXP 0 0 50 50 50
5249 GENERAL FUND OFFICE EXPENSE 470 0 0
5250 RECYCLING CHRGS 0 0 0 0
5252 GENERAL FUND OPEN SPACE EXP 5,964 17,138 9,000 10,650 23,000 24,500 5252 OPEN SPACE EXP 0 0 0 0
5253 FUND VANDALISM 347 41 0 0
5253 GENERAL FUND VANDALISM 0
5257 FUND STATE/CO FEES 483 0 0
5257 GENERAL FUND STATE/CO FEES 31,461 38,278 39,050 44,617 38,950 39,450 5258 GAS STR LIGHTS 16,106 15,462 14,000 18,082 20,000 20,000 5260 GENERAL FUND SHARING AGRMNT 0 0 247,705
5262 GENERAL FUND BUILDING INSPEC 37,264 9,332 25,000 32,182 25,000 25,000 5269 GENERAL FUND MED CANNABIS 15,337 10,712 6,000 3,209 6,000 6,000 5273 GENERAL FUND POSTAGE 4,419 5,017 4,100 4,207 4,050 4,050 5273 POSTAGE 7 14 0 0 0
5274 GENERAL FUND AGENCY CONTRIB. 38,000 41,000 40,000 32,868 40,000 40,000 5275 COMP R&M/IT 224 0 0 0
5275 GENERAL FUND COMP. R&M/IT 10,170 3,812 7,225 8,983 6,975 6,975 5276 GENERAL FUND TICKET PROCESS 59,586 59,239 38,250 38,250 38,250 5510 GENERAL FUND CAPITAL OUTLAY 0 0 0
5200 Operations Total 1,457,560 1,495,537 1,379,105 1,577,354 1,805,594 1,847,211 5500‐5600 Cap Outlay, Fx Assets, A87
5510 CAPITAL OUTLAY 0 65,000 100,000 100,000
5510 GENERAL FUND CAPITAL OUTLAY 5,000 118,714 0 5,000 45,000 5512 FIXED ASSETS 277,355 248,961 0 1,676 0 0
5512 GENERAL FUND FIXED ASSETS 67428.17 3885.34 16800 20472.37 82100 88100 5600 GENERAL FUND 11190.09 8261.12 0 0 0
5600 GENERAL FUND TRANSFER 0 0 0 0
5650  FUND A87 COST ALLOC 1913 1913 1913 1913 1913 1913 5650 A87 ALLOCATION 46,102 46,102 46,102 46,102 46,102 47,000 City of Nevada City Fiscal Year 2022-2023 Proposed Budget 29 Nevada City General Fund Summary Actuals to Budgets
Summary of Comparative 2022/23 Budget
Row Labels
FY 18/19
Actuals
FY 19/20
Actuals
FY 20/21
Adopted Budget
FY 20/21 YE
Projections
FY 21/22
Approved
Budget
FY 22/23
Proposed
Budget
5650 GENERAL FUND A87 COST ALLOC (49,207) (49,207) (53,204) (53,674) (52,012) (57,553) 5500‐5600 Cap Outlay, Fx Assets, A87 Total 359,781 378,629 76,611 16,490 183,103 224,460 Grand Total 4,714,242 4,818,543 4,577,789 4,889,378 5,332,502 5,949,765 City of Nevada City Fiscal Year 2022-2023 Proposed Budget 30 Personnel
City of Nevada City

PROPOSED ANNUAL BUDGET
Fiscal Year 2022-23
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 31 Full‐Time Personnel Change Summary
Elected Positions FY22 FY23 Change Notes
City Council 5 5
City Clerk 1 1
City Treasurer 1 0 Treasurer no longer elected
Total Elected 7 6
Exempt Personnel
City Manager 1 1
Deputy City Clerk/Administrative Services  Manager 1 1
City Engineer/Public Works Director 1 1
Chief Financial Officer 1 1
Planner 1 1
Parks/Recreation Manager 1 1
Chief Plant Operator 1 1
Division Fire Chief 1 1
Police Chief 1 1
Police Lieutenant 1 1 Frozen in FY22
Public Works Superintendent 1 1
Total Exempt 11 11
Non Exempt Personnel
Customer Service Representative 1 1
Accounting Technician 1 1
Parking Enforcement 0 0
Sergeant 2 2
Police Officer 8 8
Records Clerk 1 1
Community Services Officer / Code Compliance Officer 2 2 Maintenance Worker I 4 2 Reallign workforce
Maintenance Worker II 1 3 Reallign workforce
Senior Maintenance Worker 1 1 Frozen in FY22
Wastewater/Water Operator‐In‐Training 2 1 Reallign workforce Wastewater/Water Operator II 2 3 Reallign workforce
Total Non Exempt 25 25
Total Full Time FTE 43 42
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 32 *** Includes Full Time Equivelent Staffing only
POSITION 4620 4600 4615 4608 4610 4670/4675/4676 4650/4660 7150 6000/6001/6002/ 4630 4640/4750 City Council City Clerk & Treasurer Finance & Admin City Manager City Attorney Planning Engineer Parks/Recreation Public Works Water/Wastewater Fire Police Total Elected PositionsCity Council 5 5 5City Clerk 1 1 1Total Elected 6 5100000 0 0 0 006Exempt PersonnelCity Manager 1 1 1Deputy City Clerk/Adm. Serv. Man. 1 1 1City Engineer/Public Works Director 1 1 1Chief Financial Ofcr. 1 1 1Planner 1 1 1Parks/Rec. Manager 1 11Chief Plant Operator 1 11Division Fire Chief 1 11Police Chief 1 11Lieutenant 1 11Pub. Wks. Super. 1 0.1 0.45 0.45 1City Attorney 0 0Total Exempt 10 0021011 1.1 0.45 1.45 1 2 11Non Exempt PersonnelCustomer Service Rep 1 1 1Accounting Technician 1 1 1Parking Enforcement 0 0Sergeant 2 22Police Officer 8 88Records Clerk 1 11Com. Serv. Ofc./Code Compliance 2 22Maint. Worker I 4 0.5 1.65 1.85 4Maint. Worker II 1 0.15 0.65 0.2 1Sr Maint. Worker 1 0.05 0.45 0.5 1Wastewater/Water Op. II 2 22Wastewater/Water Op OIT 2 22Total Non Exempt 25 0020000 0.7 2.75 6.55 0 13 25Total Full Time FTE 42 5141011 1.8 3.2 8 115 42 CITY OF NEVADA CITY POSITION ALLOCATIONS FOR FISCAL YEAR 2022-2023

DEPARTMENT
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 33 Departmental Detail
City of Nevada City

PROPOSED ANNUAL BUDGET
Fiscal Year 2022-23
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 34

GOVERNING
City Council
The City Council is the elected governing body of the City and is responsible for establishing City policies and representing the people. The City Council consists of five Councilmembers elected at large serving 4- year overlapping terms. The position of Mayor is a one-year appointment and rotated amongst the Councilmembers based upon the process dictated by the Municipal Code. The position of Vice-Mayor is a one-year appointment and rotated amongst the Councilmembers based upon the process dictated by the Municipal Code. The Vice-Mayor becomes the Mayor during the following one year term.

City Clerk
The City Clerk is a publicly elected official serving a four-year term. The City Clerk position will transition from an elected to an appointed position on July 1, 2024. The City Clerk's Office is a service department and one to which other departments and the general public comes for legislative information regarding the operations of the City.

The day-to-day activities of the City Clerk’s Office are conducted by the Deputy City Clerk who has concurrent responsibilities under the Human Resources Division of City Administration. Original City contracts and agreements, claims against the City, deeds, ordinances, resolutions and other documents are processed and filed with the City Clerk. The City Council agendas and minutes are prepared by this office. In addition, the City Clerk oversees the citywide Records Management and is responsible for the codification of the Nevada City Municipal Code. All municipal elections are coordinated by this office.

The City Clerk is designated as the City's Filing Officer by the State Fair Political Practices Commission (FPPC) and processes Statements of Economic Interests, administers the City's Conflict of Interest Code for designated employees, and receives all campaign filing documents for local candidates, officers and committees.

As of July 1, 2022 the City Treasurer is no longer an elected position within the City of Nevada City by public initiative. The responsibilities of the City Treasurer will be reassigned to the City Manager and the Chief Financial Officer.

City Manager
The City Manager is appointed by the City Council and serves as the City's Chief Executive Officer and manages the daily operations of all City departments, while supporting the City Council's policy direction. City Manager serves as the Chief Investment Officer and oversees the City’s Community Agency. The City Manager is the primary point of public contact and is responsible for public information and economic development. The City Manager oversees contracts for internal and external services including:
● Information Technology (IT) service provided under contract with Nevada County. The total amount reflected in this budget is $16,750.
● Animal Control service provided under contract with the City of Grass Valley.

City of Nevada City Fiscal Year 2022-2023 Proposed Budget 35 ● Building Official service provided under contract with Nevada County. The cost for these services is offset by fees generated by Nevada County.
● Financial Investment under contract with SVI Investments. ● Solid Waste service provided under contract with Waste Management. The cost for these services is offset by fees charged by Waste Management. ● Sale Tax Collection provided under contract with HdL Companies. The cost for these services are offset by sales tax revenues collected.

Community Agency
The Community Agency was established as a department within the City budget to provide transparency in the City’s allocation of funding for community service organizations, cultural and historical activities, community events and other activities in which the City Council determines there is a public interest.

The Community Agency budget is administered by the City Manager.

Personnel Assigned:

City Manager
City Attorney
The City Attorney and those attorneys assigned to the City Attorney’s Office serve as legal counsel to the entire City government, including the City Council, the Planning Commissions, and all City Departments.

The Office also represents City employees in their official capacities and acts as the City Prosecutor. The City Attorney reports directly to the City Council, operates as part of the City's management team to assist in transaction matters, and assures efficient operations consistent with the law. The City Attorney's client is the City itself, not any one resident. As a result, the City Attorney's Office does not represent or provide direct legal advice to City residents. City Attorney services are provided under contract with Jones and Mayer and include the City Attorney, Assistant City Attorneys and specialists in the various fields of municipal law.

Planning Department / City Planner
The Planning Department, comprised of the City Planner, is responsible to guide the planned physical development of the City in a manner that enhances the quality of life for residents, businesses, and other community members. The Planning Department is responsible for maintaining and improving community character with respect to the City’s history, preserving the environment, and providing for and maintaining a strong economic and employment base. The Planning Department is responsible for the City’s General Plan, Zoning Ordinance, and Housing Plan. The Planning Department provides staff support to the Planning Commission and City Council in support of community development. The Planning Department oversees the day-to-day coordination with the contracted Building Official.

Planning Commission
The Planning Commission acts as an advisory board to the City Council on all planning and development issues; assures that the general plan is implemented by reviewing development applications on a caseby-case basis; functions as the decision-making body for housing and commercial project applications City of Nevada City Fiscal Year 2022-2023 Proposed Budget 36 for new construction, remodels and conditional use permits; and reviews the City’s Capital Improvement Program (CIP) for consistency with the General Plan. The Planning Commission consists of five Commissioners appointed by each of the five Councilmembers serving the same length of terms as the Councilmember that appointed them. A chair and vice-chair are appointed by the members of the Planning Commission. The Planning Commission is advisory to the City Council through their actions as reported by the City Planner to the City Council.

Personnel Assigned:

City Planner
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 37 Governing Exp Council, Attorney, Planning Com, City Planner, City Manager (4602, 4604, 4606, 4608, 4614 Dept.)
Row Labels
FY 17/18
Actuals
FY 18/19
Actuals
FY 19/20
Actuals
FY 20/21
Adopted
Budget
FY 20/21 YE
Projections
FY 21/22
Approved
Budget
FY22/23
Proposed
Budget
5000 Compensation 117,270 193,128 205,853 204,695 302,396 241,201 281,883 5100 Benefits 55,752 103,319 123,594 162,150 166,999 195,428 209,620 5200 Operations 184,431 278,494 306,754 251,260 280,948 251,260 256,260 5500‐5650 Cap Outlay, Fx Assets, A87 (8,490) (6,518) (8,490) (8,490) (8,957) (8,490) (8,490) Grand Total 348,963 568,423 627,712 609,615 741,387 679,399 739,273 (50,000)
0 50,000
100,000
150,000
200,000
250,000
300,000
350,000
FY 20/21 Adopted
Budget
FY 20/21 YE
Projections
FY 21/22 Approved
Budget
FY22/23 Proposed
Budget
Governing Exp Budget and Projections (FY 20/21 ‐
FY 22/23
5000 Compensation 5100 Benefits
5200 Operations 5500‐5650 Cap Outlay, Fx Assets, A87
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 38 Governing Exp Council, Attorney, Planning Com, City Planner, City Manager Row Labels FY 17/18 Actuals
FY 18/19
Actuals
FY 19/20
Actuals
FY 20/21
Adopted
Budget
FY 20/21 YE
Projections
FY 21/22
Approved
Budget
FY22/23
Proposed
Budget
5000 Compensation
5010 GENERAL FUND SAL.‐ PERMANENT 141,526 194,420 205,853 204,695 302,396 241,201 281,883 5011 GENERAL FUND SALARY REIMB (24,256) (1,292) 0 0 0
5000 Compensation Total 117,270 193,128 205,853 204,695 302,396 241,201 281,883 5100 Benefits
5110 GENERAL FUND SOCIAL SECURITY 10,621 15,012 15,728 15,700 23,148 18,489 21,608 5111 GENERAL FUND BENEFIT REIMB (1,432) (644) 0 0
5115 GENERAL FUND DEFERRED COMP 750 2,900 2,620 2,600 2,358 2,600 3,134 5120 GENERAL FUND WORKERS COMP. 1,284 2,458 36 2,000 1,477 2,000 2,333 5130 GENERAL FUND HEALTH INS. 32,651 49,419 52,248 59,430 59,031 52,776 61,178 5137 GENERAL FUND STD/LTD/LIFE  . 359 606 633 635 595 633 734 5140 GENERAL FUND UNEMPLOY.INS. 3,618 4,228
5155 GENERAL FUND CELL ALLOWANCE 0 701 484 480 435 480 579 5160 GENERAL FUND RETIRE.& PERS 11,518 32,866 51,845 81,305 79,955 114,833 115,825 5100 Benefits Total 55,752 103,319 123,594 162,150 166,999 195,428 209,620 5200 Operations
5201 GENERAL FUND OP. MATL.& SUPPL 35 26 0
5201 GENERAL FUND OP.MATL.& SUPPL 95 70 1,853 100 0 100 100 5203 GENERAL FUND OFFICE SUPPLIES 382 263 587 600 1,108 600 600 5204 GENERAL FUND TELEPHONE 448 320 386 400 386 400 400 5207 GENERAL FUND PRINT. & ADVERT 3,766 3,742 6,083 3,950 9,267 3,950 3,950 5208 GENERAL FUND DUES,SUBS.,PUB. 1,580 1,940 1,420 1,900 155 1,900 1,900 5214 GENERAL FUND LIAB. INSURANCE 7,095 7,985 8,679 9,425 10,829 9,425 9,425 5216 GENERAL FUND MAINT CONTRACT 0 237 0 0
5216 GENERAL FUND MAINT. CONTRACT 600 631 57,108 600 0 600 600 5217 GENERAL FUND ELECTION COSTS 2,670 0 2,806 3,500 3,141 3,500 3,500 5218 GENERAL FUND OUTSIDE SERVICE 37,737 56,311 9,493 62,460 49,410 62,460 62,460 5220 GENERAL FUND CONFER.& MEETG. 1,059 3,989 16,069 4,500 0 4,500 4,500 5220 GENERAL FUND CONFER.&MEETG. 350 0 0
5221 GENERAL FUND TRAINING & DEV. 0 3,630 4,550 4,350 800 4,350 4,350 5222 GENERAL FUND COVID‐19 0 0 7,099 30,074 0 0
5231 GENERAL FUND ENGINEER SERV. 258 15,130 0 7,055 0 0 5237 GENERAL FUND ATTORNEY 98,571 126,177 167,139 125,000 128,345 125,000 130,000 5238 GENERAL FUND AUTO ALLOWANCE 185 3,800 2,620 2,600 2,358 2,600 2,600 5242 GENERAL FUND OTHER PERSONNEL 1,150 0 0 0 0 0
5247 GENERAL FUND MISC. EXPENSES 0 66 179 0 134 0 0
5257 GENERAL FUND STATE/CO FEES 1,565 0 0 1,900 0 0
5262 GENERAL FUND BUILDING INSPEC 0 37,264 9,332 25,000 32,182 25,000 25,000 5269 GENERAL FUND MED CANNABIS 27,091 14,908 10,712 6,000 3,209 6,000 6,000 5273 GENERAL FUND POSTAGE 7 0 18 0 102 0 0
5275 GENERAL FUND COMP. R&M/IT 166 2,269 0 875 467 875 875 5276 GENERAL FUND TICKET PROCESS 7 0 0 0 0
5200 Operations Total 184,431 278,494 306,754 251,260 280,948 251,260 256,260 5500‐5650 Cap Outlay, Fx Assets, A87
5510 GENERAL FUND CAPITAL OUTLAY 0 0 0 0 0
5512 GENERAL FUND FIXED ASSETS 0 1,973 0 0 0 0
5650 GENERAL FUND A87 COST ALLOC (8,490) (8,490) (8,490) (8,490) (8,957) (8,490) (8,490) 5500‐5650 Cap Outlay, Fx Assets, A87 Total (8,490) (6,518) (8,490) (8,490) (8,957) (8,490) (8,490) Grand Total 348,963 568,423 627,712 609,615 741,387 679,399 739,273 City of Nevada City Fiscal Year 2022-2023 Proposed Budget 39 City Council 4202
Row Labels FY 17/18 Actuals
FY 18/19
Actuals FY 19/20 Actuals FY 20/21 Adopted Budget FY 20/21 YE Projections FY 21/22
Approved
Budget
FY22/23
Proposed Budget
5200 Operations
5201 GENERAL FUND OP.MATL.& SUPPL 80 40 1,853 50 0 50 50 5203 GENERAL FUND OFFICE SUPPLIES 94 78 245 100 968 100 100 5204 GENERAL FUND TELEPHONE 224 160 193 200 193 200 200 5207 GENERAL FUND PRINT. & ADVERT 2,530 2,514 3,657 2,500 5,250 2,500 2,500 5216 GENERAL FUND MAINT. CONTRACT 300 0 119 300 0 300 300 5217 GENERAL FUND ELECTION COSTS 2,670 0 2,806 3,500 3,141 3,500 3,500 5218 GENERAL FUND OUTSIDE SERVICE 10,904 9,190 7,670 9,100 8,844 9,100 9,100 5220 GENERAL FUND CONFER.& MEETG. 135 3,277 1,815 2,500 0 2,500 2,500 5221 GENERAL FUND TRAINING & DEV. 0 2,497 3,998 3,000 800 3,000 3,000 5222 GENERAL FUND COVID‐19 732 1,461 0 0
5275 GENERAL FUND COMP. R&M/IT 0 400 400 400 400
5200 Operations Total 16,937 18,156 23,087 21,650 20,656 21,650 21,650 5500‐5650 Cap Outlay, Fx Assets, A87
5650 GENERAL FUND A87 COST ALLOC 1,668 1,668 1,668 1,668 1,668 1,668 1,668 5500‐5650 Cap Outlay, Fx Assets, A87 Total 1,668 1,668 1,668 1,668 1,668 1,668 1,668 Grand Total 18,605 19,824 24,755 23,318 22,324 23,318 23,318 City of Nevada City Fiscal Year 2022-2023 Proposed Budget 40 4015 City Manager
Row Labels FY 17/18 Actuals FY 18/19 Actuals FY 19/20 Actuals FY 20/21 Adopted
Budget
FY 20/21 YE
Projections
FY 21/22
Approved Budget
FY22/23 Proposed
Budget
5000 Compensation
5010 GENERAL FUND SAL.‐ PERMANENT 65,835 114,558 119,003 117,875 214,499 150,041 180,880 5011 GENERAL FUND SALARY REIMB (14,256) (1,292) 0 0
5000 Compensation Total 51,580 113,265 119,003 117,875 214,499 150,041 180,880 5100 Benefits
5110 GENERAL FUND SOCIAL SECURITY 5,002 9,077 9,274 9,055 16,625 11,515 13,882 5111 GENERAL FUND BENEFIT REIMB (1,432) (644) 0 0
5115 GENERAL FUND DEFERRED COMP 750 2,900 2,620 2,600 2,358 2,600 3,134 5120 GENERAL FUND WORKERS COMP. 715 1,473 21 1,200 849 1,200 1,447 5130 GENERAL FUND HEALTH INS. 12,463 28,820 30,117 34,770 35,819 27,721 33,419 5137 GENERAL FUND STD/LTD/LIFE  . 135 324 337 340 300 337 407 5140 GENERAL FUND UNEMPLOY.INS. 2,251 2,713
5155 GENERAL FUND CELL ALLOWANCE 0 701 484 480 435 480 579 5160 GENERAL FUND RETIRE.& PERS 5,600 26,254 40,208 71,730 70,903 105,644 127,358 5100 Benefits Total 23,234 68,905 83,061 120,175 127,289 151,748 182,938 5200 Operations
5201 GENERAL FUND OP.MATL.& SUPPL 0 30 0 0 0 0
5203 GENERAL FUND OFFICE SUPPLIES 119 66 70 150 100 150 150 5207 GENERAL FUND PRINT. & ADVERT 24 0 0 0 0
5208 GENERAL FUND DUES,SUBS.,PUB. 500 560 155 700 155 700 700 5214 GENERAL FUND LIAB. INSURANCE 4,253 4,700 5,021 5,450 6,236 5,450 5,450 5216 GENERAL FUND MAINT. CONTRACT 0 582 831 0 0 0
5218 GENERAL FUND OUTSIDE SERVICE 0 0 86 0 0 0
5220 GENERAL FUND CONFER.& MEETG. 924 682 1,897 2,000 2,000 2,000 5221 GENERAL FUND TRAINING & DEV. 0 1,133 553 500 500 500 5238 GENERAL FUND AUTO ALLOWANCE 185 3,800 2,620 2,600 2,358 2,600 2,600 5242 GENERAL FUND OTHER PERSONNEL 1,150 0 0 0 0 0
5247 GENERAL FUND MISC. EXPENSES 0 66 179 0 134 0 0
5275 GENERAL FUND COMP. R&M/IT 143 1,619 0 150 150 150
5276 GENERAL FUND TICKET PROCESS 7 0 0 0 0
5200 Operations Total 7,303 13,237 11,411 11,550 8,983 11,550 11,550 5500‐5650 Cap Outlay, Fx Assets, A87
5510 GENERAL FUND CAPITAL OUTLAY 00
5512 GENERAL FUND FIXED ASSETS 0 1,973 0 0 0
5650 GENERAL FUND A87 COST ALLOC (28,936) (28,936) (28,936) (28,936) (28,936) (28,936) (28,936) 5500‐5650 Cap Outlay, Fx Assets, A87 Total (28,936) (26,964) (28,936) (28,936) (28,936) (28,936) (28,936) Grand Total 53,181 168,444 184,540 220,664 321,835 284,403 346,432 City of Nevada City Fiscal Year 2022-2023 Proposed Budget 41 4655 Government Agency Expense
Row Labels
FY 17/18
Actuals FY 18/19 Actuals FY 19/20 Actuals
FY 20/21 Adopted
Budget
FY 20/21 YE
Projections
FY 21/22
Approved Budget
FY 22/23
Proposed
Budget
5200 Operations
5201 GENERAL FUND OP.MATL.& SUPPL 0 0 0 350 0
5202 GENERAL FUND BLDG.REP.& MNTC 91 0 0 0 0
5204 GENERAL FUND TELEPHONE 687 708 723 650 779 650 650 5209 GENERAL FUND ELECT & HEATNG 7,405 8,421 8,233 7,500 8,109 7,500 7,500 5210 GENERAL FUND WATER 748 687 817 750 643 750 750
5214 GENERAL FUND LIABILITY INSURANCE 367 0 0
5218 GENERAL FUND OUTSIDE SERVICE 825 1,490 975 1,300 975 1,300 1,300 5222 GENERAL FUND COVID‐19 5,000 1,333 0
5247 GENERAL FUND MISC. EXPENSES 7,850 11,500 5,000 0 0 0 5247 GENERAL FUND STATE/CO FEES 0 175 57 0 57 0
5274 GENERAL FUND AGENCY CONTRIB. 42,250 38,000 41,000 40,000 32,868 40,000 40,000 5200 Operations Total 59,856 60,982 62,172 50,550 44,764 50,200 50,200 5500 Capital Outlay
5520 GENERAL FUND CAPITAL OUTLAY 20,000 0
5500 Capital Outlay Total 20,000 0
Grand Total 59,856 60,982 82,172 50,550 44,764 50,200 50,200 City of Nevada City Fiscal Year 2022-2023 Proposed Budget 42 City Attorney Exp Report 4606
Row Labels
FY 17/18
Actuals
FY 18/19
Actuals
FY 19/20
Actuals
FY 20/21 Adopted
Budget
FY 20/21 YE
Projections
FY 21/22
Approved
Budget
FY22/23
Proposed
Budget
5000 Compensation
5011 GENERAL FUND SALARY REIMB (10,000) 0 0 0 0
5000 Compensation Total (10,000) 0 0 0 0
5200 Operations
5203 GENERAL FUND OFFICE SUPPLIES 5 0 19 100 100 100
5208 GENERAL FUND DUES,SUBS.,PUB. 1,080 1,380 1,265 1,100 1,100 1,100 5216 GENERAL FUND MAINT CONTRACT 0 237 0 0
5220 GENERAL FUND CONFER.& MEETG. 0 25 0 0 0
5221 GENERAL FUND TRAINING & DEV. 0 0 850 850 850
5222 GENERAL FUND COVID‐19 6,318 28,322 0 0
5237 GENERAL FUND ATTORNEY 98,571 126,177 167,139 125,000 128,345 125,000 130,000 5269 GENERAL FUND MED CANNABIS 1,883 7,568 1,475 0 1,890 0 0 5273 GENERAL FUND POSTAGE 7 0 18 0 0 0
5275 GENERAL FUND COMP. R&M/IT 0 0 0 125 125 125
5200 Operations Total 101,545 135,149 176,470 127,175 158,557 127,175 132,175 5500‐5650 Cap Outlay, Fx Assets, A87 0 0 0 0 0 0
Grand Total 91,545 135,149 176,470 127,175 158,557 127,175 132,175 City of Nevada City Fiscal Year 2022-2023 Proposed Budget 43 City Planning Commission and City Planner 4604 and 4608 Row Labels
FY 17/18
Actuals
FY 18/19
Actuals
FY 19/20
Actuals
FY 20/21 Adopted
Budget
FY 20/21 YE
Projections
FY 21/22
Approved
Budget
FY22/23 Proposed
Budget
5000 Compensation
5010 GENERAL FUND SAL.‐ PERMANENT 75,691 79,863 86,850 86,820 87,898 91,160 101,003 5000 Compensation Total 75,691 79,863 86,850 86,820 87,898 91,160 101,003 5100 Benefits
5110 GENERAL FUND SOCIAL SECURITY 5,618 5,936 6,454 6,645 6,523 6,974 7,727 5120 GENERAL FUND WORKERS COMP. 569 984 14 800 628 800 886 5130 GENERAL FUND HEALTH INS. 20,188 20,600 22,131 24,660 23,212 25,054 27,760 5137 GENERAL FUND STD/LTD/LIFE  . 224 282 295 295 295 295 327 5140 GENERAL FUND UNEMPLOY.INS. 1,367 1,515
5160 GENERAL FUND RETIRE.& PERS 5,918 6,612 11,637 9,575 9,052 9,189 10,181 5100 Benefits Total 32,518 34,413 40,532 41,975 39,710 43,680 48,396 5200 Operations
5201 GENERAL FUND OP. MATL.& SUPPL 35 26 0
5201 GENERAL FUND OP.MATL.& SUPPL 15 0 0 50 50 50
5203 GENERAL FUND OFFICE SUPPLIES 164 119 253 250 41 250 250 5204 GENERAL FUND TELEPHONE 224 160 193 200 193 200 200 5207 GENERAL FUND PRINT. & ADVERT 1,212 1,228 2,426 1,450 4,018 1,450 1,450 5208 GENERAL FUND DUES,SUBS.,PUB. 0 0 100 100 100
5214 GENERAL FUND LIAB. INSURANCE 2,842 3,285 3,658 3,975 4,593 3,975 3,975 5216 GENERAL FUND MAINT. CONTRACT 300 49 56,158 300 300 300 5218 GENERAL FUND OUTSIDE SERVICE 26,833 47,122 1,737 53,360 40,566 53,360 53,360 5220 GENERAL FUND CONFER.& MEETG. 0 5 12,357 0 0 0
5220 GENERAL FUND CONFER.&MEETG. 350 0 0
5221 GENERAL FUND TRAINING & DEV. 0 0 0 0 0
5222 GENERAL FUND COVID‐19 0 0 49 291 0 0
5231 GENERAL FUND ENGINEER SERV. 258 15,130 0 7,055 0 0 5242 GENERAL FUND OTHER PERSONNEL 0 0 0 0 0
5257 GENERAL FUND STATE/CO FEES 1,565 0 0 1,900 0 0
5262 GENERAL FUND BUILDING INSPEC 0 37,264 9,332 25,000 32,182 25,000 25,000 5269 GENERAL FUND MED CANNABIS 25,209 7,340 9,237 6,000 1,319 6,000 6,000 5273 GENERAL FUND POSTAGE 0 0 0 102 0 0
5275 GENERAL FUND COMP. R&M/IT 24 250 200 467 200 200
5200 Operations Total 58,645 111,952 95,786 90,885 92,752 90,885 90,885 5500‐5650 Cap Outlay, Fx Assets, A87
5510 GENERAL FUND CAPITAL OUTLAY 00
5512 GENERAL FUND FIXED ASSETS 0 0 0 0 0 0
5650 GENERAL FUND A87 COST ALLOC 18,778 18,778 18,778 18,778 18,311 18,778 18,778 5500‐5650 Cap Outlay, Fx Assets, A87 Total 18,778 18,778 18,778 18,778 18,311 18,778 18,778 Grand Total 185,632 245,006 241,947 238,458 238,671 244,503 259,062 City of Nevada City Fiscal Year 2022-2023 Proposed Budget 44 City Administration / General Government
City Administration / General Government provides the primary administrative customer service function of the City as well as internal customer services through the Finance and Human Resources Divisions.

Finance Division
The Finance Division is responsible for managing the financial resources of the City by providing reliable and timely financial support services to the organization as well as administrative customer support to the community. The Division’s responsibilities include: financial reporting, operating and capital improvement program budgets, accounting, purchasing, business licensing, animal licensing, utility billing, collections, grants financial management, accounts payable and accounts receivable. The Finance Division also provides technical assistance to the City Manager for investment management.

Personnel Assigned:

Chief Financial Officer
Accounting Technician
Customer Service Representative
Human Resources Division
The Human Resources Division is responsible for providing personnel services to all City employees and the public. The Division’s responsibilities include: recruitments, payroll, benefits administration, leave management, worker’s compensation, and general liability risk management. Human Resources also provides technical assistance to the City Manager in labor relations, classifications, and compensation.

Personnel Assigned:

Deputy City Clerk / Administrative Services Manager
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 45 General Government (Dept. 4600)
Row Labels FY 17/18 AFY 18/19 AFY 19/20 A
FY 20/21
Adopted
Budget
FY 20/21
YE
Projections
FY 21/22
Approved
Budget
FY 22/23
Proposed
Budget
500 Compensation 226,544 197,674 224,746 234,995 236,876 234,520 291,134 5100 Benefits 111,953 99,368 112,768 128,075 122,975 118,260 121,809 5200 Operations 151,825 144,446 147,393 151,205 142,229 152,755 150,755 5500‐5650 Cap Outlay, Fx Assets, A87 (204,868) (204,868) (204,868) (200,768) (202,984) (200,768) (207,812) Grand Total 285,454 236,620 280,039 313,507 299,095 304,767 355,886 (300,000)
(200,000)
(100,000)
0 100,000
200,000
300,000
400,000
19/20 Actuals FY 20/21
Adopted Budget
FY 20/21 YE
Projections
FY 21/22
Approved
Budget
FY 22/23
Proposed
Budget
General Government 19/20 Actuals ‐2/23
Proposed Budget
500 Compensation 5100 Benefits
5200 Operations 5500‐5650 Cap Outlay, Fx Assets, A87
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 46 Governing Exp Council, Attorney, Planning Com, City Planner, City Manager Row Labels FY 17/18 Actuals
FY 18/19
Actuals
FY 19/20
Actuals
FY 20/21
Adopted
Budget
FY 20/21 YE
Projections
FY 21/22
Approved
Budget
FY22/23
Proposed
Budget
5000 Compensation
5010 GENERAL FUND SAL.‐ PERMANENT 141,526 194,420 205,853 204,695 302,396 241,201 281,883 5011 GENERAL FUND SALARY REIMB (24,256) (1,292) 0 0 0
5000 Compensation Total 117,270 193,128 205,853 204,695 302,396 241,201 281,883 5100 Benefits
5110 GENERAL FUND SOCIAL SECURITY 10,621 15,012 15,728 15,700 23,148 18,489 21,608 5111 GENERAL FUND BENEFIT REIMB (1,432) (644) 0 0
5115 GENERAL FUND DEFERRED COMP 750 2,900 2,620 2,600 2,358 2,600 3,134 5120 GENERAL FUND WORKERS COMP. 1,284 2,458 36 2,000 1,477 2,000 2,333 5130 GENERAL FUND HEALTH INS. 32,651 49,419 52,248 59,430 59,031 52,776 61,178 5137 GENERAL FUND STD/LTD/LIFE  . 359 606 633 635 595 633 734 5140 GENERAL FUND UNEMPLOY.INS. 3,618 4,228
5155 GENERAL FUND CELL ALLOWANCE 0 701 484 480 435 480 579 5160 GENERAL FUND RETIRE.& PERS 11,518 32,866 51,845 81,305 79,955 114,833 115,825 5100 Benefits Total 55,752 103,319 123,594 162,150 166,999 195,428 209,620 5200 Operations
5201 GENERAL FUND OP. MATL.& SUPPL 35 26 0
5201 GENERAL FUND OP.MATL.& SUPPL 95 70 1,853 100 0 100 100 5203 GENERAL FUND OFFICE SUPPLIES 382 263 587 600 1,108 600 600 5204 GENERAL FUND TELEPHONE 448 320 386 400 386 400 400 5207 GENERAL FUND PRINT. & ADVERT 3,766 3,742 6,083 3,950 9,267 3,950 3,950 5208 GENERAL FUND DUES,SUBS.,PUB. 1,580 1,940 1,420 1,900 155 1,900 1,900 5214 GENERAL FUND LIAB. INSURANCE 7,095 7,985 8,679 9,425 10,829 9,425 9,425 5216 GENERAL FUND MAINT CONTRACT 0 237 0 0
5216 GENERAL FUND MAINT. CONTRACT 600 631 57,108 600 0 600 600 5217 GENERAL FUND ELECTION COSTS 2,670 0 2,806 3,500 3,141 3,500 3,500 5218 GENERAL FUND OUTSIDE SERVICE 37,737 56,311 9,493 62,460 49,410 62,460 62,460 5220 GENERAL FUND CONFER.& MEETG. 1,059 3,989 16,069 4,500 0 4,500 4,500 5220 GENERAL FUND CONFER.&MEETG. 350 0 0
5221 GENERAL FUND TRAINING & DEV. 0 3,630 4,550 4,350 800 4,350 4,350 5222 GENERAL FUND COVID‐19 0 0 7,099 30,074 0 0
5231 GENERAL FUND ENGINEER SERV. 258 15,130 0 7,055 0 0 5237 GENERAL FUND ATTORNEY 98,571 126,177 167,139 125,000 128,345 125,000 130,000 5238 GENERAL FUND AUTO ALLOWANCE 185 3,800 2,620 2,600 2,358 2,600 2,600 5242 GENERAL FUND OTHER PERSONNEL 1,150 0 0 0 0 0
5247 GENERAL FUND MISC. EXPENSES 0 66 179 0 134 0 0
5257 GENERAL FUND STATE/CO FEES 1,565 0 0 1,900 0 0
5262 GENERAL FUND BUILDING INSPEC 0 37,264 9,332 25,000 32,182 25,000 25,000 5269 GENERAL FUND MED CANNABIS 27,091 14,908 10,712 6,000 3,209 6,000 6,000 5273 GENERAL FUND POSTAGE 7 0 18 0 102 0 0
5275 GENERAL FUND COMP. R&M/IT 166 2,269 0 875 467 875 875 5276 GENERAL FUND TICKET PROCESS 7 0 0 0 0
5200 Operations Total 184,431 278,494 306,754 251,260 280,948 251,260 256,260 5500‐5650 Cap Outlay, Fx Assets, A87
5510 GENERAL FUND CAPITAL OUTLAY 0 0 0 0 0
5512 GENERAL FUND FIXED ASSETS 0 1,973 0 0 0 0
5650 GENERAL FUND A87 COST ALLOC (8,490) (8,490) (8,490) (8,490) (8,957) (8,490) (8,490) 5500‐5650 Cap Outlay, Fx Assets, A87 Total (8,490) (6,518) (8,490) (8,490) (8,957) (8,490) (8,490) Grand Total 348,963 568,423 627,712 609,615 741,387 679,399 739,273 City of Nevada City Fiscal Year 2022-2023 Proposed Budget 47 Fire Department
The Fire Department is responsible for meeting the day-to-day fire, rescue and medical emergency response needs of the residents and visitors to Nevada City. The Fire Department also provides for risk reduction through development and building plans review and approval, regular inspections of mandated and permitted businesses, and safety education programs with community partners and parcels to seek compliance with the City’s vegetation management ordinance. Nevada City contracts with the City of Grass Valley for the emergency response function including the staffing of the Nevada City fire station. The City retains its own employee, a Fire Division Chief, for the implementation of community risk reduction, plan review, and all inspection practices.

Personnel Assigned:

Fire Division Chief
Fire Station staffing provided under contract
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 48 Fire Department 4630
Row Labels
FY 17/18
Actuals
FY 18/19
Actuals
FY 19/20
Actuals
FY 20/21
Adopted
Budget
FY 20/21 YE
Projections
FY 21/22
Approved
Budget
FY 22/23
Proposed
Budget
5000 Compensation 350,163 340,607 268,688 218,660 248,464 112,345 129,273 5100 Benefits 203,591 236,396 213,329 273,530 254,163 144,834 133,358 5200 Operations 127,274 126,231 138,571 136,648 376,281 501,071 501,071 5500 ‐ 5650 Cap Outlay, Fx Assets, A87 30,407 31,404 30,407 30,407 30,407 30,407 31,500 Grand Total 711,436 734,638 650,995 659,245 909,315 788,657 795,202 0 200,000
400,000
600,000
FY 20/21
Adopted Budget
FY 20/21 YE
Projection
FY 21/22
Approved Budget
FY 22/23
Proposed Budget
20/21 Adopted and Projected Expense
through 22/23 Proposed Budget
5000 Compensation
5100 Benefits
5200 Operations
5500 ‐ 5650 Cap Outlay, Fx Assets, A87
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 49 Fire Department 4630
Row Labels FY 17/18 Actuals FY 18/19 Actuals FY 19/20 Actuals FY 20/21 Adopted
Budget
FY 20/21 YE
Projections
FY 21/22
Approved
Budget
FY 22/23
Proposed
Budget
5000 Compensation
5010 GENERAL FUND SAL.‐ PERMANENT 249,618 262,045 252,858 249,455 219,396 112,345 129,273 5011 GENERAL FUND SALARY REIMB (83,932) (87,530) (92,813) (80,000) (28,374) 5020 GENERAL FUND SAL.‐ NON‐PERM. 91,775 89,958 73,789 10,950 35,772 5030 GENERAL FUND OVERTIME 85,443 65,847 21,986 26,295 14,089 5070 GENERAL FUND INCENTIVE PAY 7,260 10,286 12,868 11,960 7,581 5000 Compensation Total 350,163 340,607 268,688 218,660 248,464 112,345 129,273 5100 Benefits
5110 GENERAL FUND SOCIAL SECURITY 27,920 26,974 21,818 22,220 17,869 8,688 9,998 5111 GENERAL FUND BENEFIT REIMB (23,257) (17,038) (19,846) (20,000) 0 0 5120 GENERAL FUND WORKERS COMP. 30,769 45,247 771 43,020 43,977 43,020 49,502 5130 GENERAL FUND HEALTH INS. 75,820 81,849 78,206 86,295 57,976 27,721 0 5137 GENERAL FUND STD/LTD/LIFE  . 1,124 974 1,048 1,100 913 468 0 5140 GENERAL FUND UNEMPLOY.INS. (8) 0 0 1,685 1,939
5150 GENERAL FUND UNIFORM ALLOW. 4,268 2,661 2,377 2,250 764 750 0 5155 GENERAL FUND CELL ALLOWANCE 512 474 485 480 483 480 552 5160 GENERAL FUND RETIRE.& PERS 86,441 95,255 128,470 138,165 132,181 62,021 71,367 5100 Benefits Total 203,591 236,396 213,329 273,530 254,163 144,834 133,358 5200 Operations
5201 GENERAL FUND OP.MATL.& SUPPL 20,160 9,723 14,233 12,000 2,624 5202 GENERAL FUND BLDG.REP.& MNTC 1,826 5,086 8,504 3,500 814 5203 GENERAL FUND OFFICE SUPPLIES 640 372 694 700 585
5204 GENERAL FUND TELEPHONE 3,641 5,168 5,156 4,000 3,815 5205 GENERAL FUND VEH.REP./MAINT. 19,913 23,113 17,512 10,000 7,625 5206 GENERAL FUND GAS & OIL 11,131 14,598 14,046 10,000 7,336 5207 GENERAL FUND PRINT. & ADVERT 0 168 1,000 0 0
5208 GENERAL FUND DUES,SUBS.,PUB. 4,789 6,189 5,691 5,500 5,645 5209 GENERAL FUND ELECT & HEATNG 8,005 10,357 8,845 8,500 7,752 5210 GENERAL FUND WATER 1,310 1,438 1,373 1,200 1,682
5212 GENERAL FUND DEBT SVC ‐ PRIN 17,380 17,380 17,380 17,380 5213 GENERAL FUND DEBT SVC ‐ INT 7,443 7,443 7,443 7,443 5214 GENERAL FUND LIAB. INSURANCE 17,179 18,202 21,755 24,525 23,838 5216 GENERAL FUND MAINT. CONTRACT 0 296 119 0 0
5218 GENERAL FUND OUTSIDE SERVICE 1,367 2,067 3,781 3,000 6,479 473,748 473,748 5219 GENERAL FUND EQUIP.REP&MAINT 6,472 2,808 6,753 3,500 900 5221 GENERAL FUND TRAINING & DEV. 3,463 2,304 1,951 2,500 11,575 2,500 2,500 5222 GENERAL FUND COVID 19 743
5228 GENERAL FUND BROADCST DSPTCH 17,331 17,296 20,342 18,000 21,606 5230 GENERAL FUND SM TOOLS/EQUIP 6,091 0 427 2,000 0
5232 GENERAL FUND GARBAGE/RECYCLE 0 87 0 0
5242 GENERAL FUND OTHER PERSONNEL 1,171 1,080 5,514 2,000 1,392 5247 GENERAL FUND MISC. EXPENSES 338 3,935 500
5257 GENERAL FUND STATE/CO FEES 1,759 1,844 85 100 85
5260 GENERAL FUND SHARING AGRMNT 522 0 0 247,705
5273 GENERAL FUND POSTAGE 0 0 50 50
5275 GENERAL FUND COMP. R&M/IT 166 100 0 250
5200 Operations Total 127,274 126,231 138,571 136,648 376,281 501,071 501,071 5500 ‐ 5650 Cap Outlay, Fx Assets, A87
5512 GENERAL FUND FIXED ASSETS 0 997 0
5650 GENERAL FUND A87 COST ALLOC 30,407 30,407 30,407 30,407 30,407 30,407 31,500 5500 ‐ 5650 Cap Outlay, Fx Assets, A87 Total 30,407 31,404 30,407 30,407 30,407 30,407 31,500 Grand Total 711,436 734,638 650,995 659,245 909,315 788,657 795,202 City of Nevada City Fiscal Year 2022-2023 Proposed Budget 50 Parks and Recreation
The Parks and Recreation Department provides a system of parks, trails, recreational facilities, programs and services to enrich the lives of our community members. The Parks and Recreation Department oversees the City’s parks, open space, trails, swimming pool, and museums and their passive and active activities. The Department offers summer programs, recreational classes, facility rentals and support of community events. The Department provides maintenance of the City Pool and coordinates the maintenance of City Parks with Public Works. The Department coordinates joint responsibility of the baseball fields at Pioneer Park with Nevada City Little League.

Personnel Assigned:

Parks and Recreation Manager
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 51 Park & Rec, Pool and Camp Summary Comps
Row Labels FY 18/19 Actuals FY 19/20 Actuals
20/21
Approved
Budget
FY 20/21
YE
Projections
FY 21/22
Approved
Budget
FY 22/23
Proposed
Budget
5000 Compensation 148,554 121,249 102,225 87,130 195,313 216,379 5100 Benefits 94,238 80,645 99,067 114,855 156,499 174,995 5200 Operations 157,486 129,097 150,220 74,752 161,605 165,455 5500 ‐ 5650 Cap Outlay, Fx Assets, A87 66,559 63,630 64,069 55,369 70,561 76,561 Grand Total 466,837 394,621 415,581 332,105 583,978 633,389 0 50,000
100,000
150,000
200,000
250,000
FY 20/21 YE Projections FY 21/22 Approved Budget FY 22/23 Proposed Budget 20/21 ‐ 22/23 Proposed Budget
4670 ‐ 4676
5000 Compensation 5100 Benefits
5200 Operations 5500 ‐ 5650 Cap Outlay, Fx Assets, A87
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 52 Park & Rec, Pool and Camp Summary Comps
Row Labels
.FY
18/19
Actuals
FY
19/20
Actuals
FY
Approved
20/21
Budget
FY 20/21
YE
Projection
FY 21/22
Approved
Budget
FY 22/23
Proposed
Budget
5000 Compensation
5010 FUND SAL.‐ PERMANENT 6,049 6,265 6,200 6,179 6,528 11,755 5010 GENERAL FUND SAL.‐ PERMANENT 59,263 65,897 62,405 65,666 101,524 120,991 5011 GENERAL FUND SALARY REIMB (490) 0 0
5020 GENERAL FUND SAL.‐ NON‐PERM. 80,727 45,766 29,330 12,696 82,260 78,633 5030 GENERAL FUND OVERTIME 1,701 1,723 2,785 1,501 3,237 3,237 5031 GENERAL FUND OVERTIME‐SPEC E 170 214 210 299 299
5050 GENERAL FUND OTHER‐SPEC.DUTY 966 1,100 1,005 1,054 1,131 1,131 5070 GENERAL FUND INCENTIVE PAY 168 283 290 34 333 333
5000 Compensation Total 148,554 121,249 102,225 87,130 195,313 216,379 5100 Benefits
5140 GENERAL FUND UNEMPLOY.INS. (1,389) 479 0 3,878 1,286 1,523 5155 GENERAL FUND CELL ALLOWANCE 139 145 0 22 0
5110 FUND SOCIAL SECURITY 447 462 475 452 499 899
5110 GENERAL FUND SOCIAL SECURITY 17,225 12,988 10,492 6,406 20,566 22,990 5111 GENERAL FUND BENEFIT REIMB (325) 0 0
5120 GENERAL FUND WORKERS COMP. 21,294 310 13,265 12,513 16,310 17,335 5130 FUND HEALTH INS. 2,146 2,347 2,535 2,505 2,711 4,882 5130 GENERAL FUND HEALTH INS. 27,593 29,968 31,805 32,590 42,135 45,141 5137 FUND STD/LTD/LIFE  .32 34 35 34 34 61
5137 GENERAL FUND STD/LTD/LIFE  . 497 520 525 532 679 716 5140 FUND UNEMPLOY.INS. 98 176
5140 GENERAL FUND UNEMPLOY INS 6,018 1,926 1,471 1,471
5140 GENERAL FUND UNEMPLOY.INS. (1,389) 479 0 3,878 1,286 1,523 5150 GENERAL FUND UNIFORM ALLOW. 0 165 163 163
5155 FUND CELL ALLOWANCE 46 48 95 7 95 171
5155 GENERAL FUND CELL ALLOWANCE 507 556 315 501 312 312 5160 FUND RETIRE.& PERS 2,086 2,086 3,785 3,763 4,596 8,276 5160 GENERAL FUND RETIRE.& PERS 25,329 24,205 35,575 45,849 64,258 69,354 5100 Benefits Total 94,238 80,645 99,067 114,855 156,499 174,995 5200 Operations
5201 GENERAL FUND OP.MATL.& SUPPL 7,127 1,688 5,000 5,000 5,000 5202 GENERAL FUND BLDG.REP.& MNTC 5,268 1,782 3,500 287 3,500 3,500 5201 FUND OP.MATL.& SUPPL 0 0 350 350 350
5201 GENERAL FUND OP.MATL.& SUPPL 6,010 2,829 7,000 1,757 5,000 6,000 5202 GENERAL FUND BLDG.REP.& MNTC 1,025 7,463 8,000 597 8,000 8,000 5203 GENERAL FUND OFFICE SUPPLIES 347 397 600 19 400 300 5204 GENERAL FUND TELEPHONE 947 657 2,050 487 800 1,050 5205 GENERAL FUND VEH.REP./MAINT. 39 0 100 78 0 500
5206 GENERAL FUND GAS & OIL 11 451 0 61 0 100
5207 FUND PRINT. & ADVERT 510 0 750 150 750 750
5207 GENERAL FUND PRINT. & ADVERT 1,931 663 1,450 50 1,000 1,350 City of Nevada City Fiscal Year 2022-2023 Proposed Budget 53 Row Labels
.FY
18/19
Actuals
FY
19/20
Actuals
FY
Approved
20/21
Budget
FY 20/21
YE
Projection
FY 21/22
Approved
Budget
FY 22/23
Proposed
Budget
5208 GENERAL FUND DUES,SUBS.,PUB. 463 307 340 170 340 340 5209 GENERAL FUND ELECT & HEATNG 33,254 28,968 35,000 20,801 34,000 34,000 5212 GENERAL FUND DEBT SVC ‐ PRIN 12,801 13,501 16,845 12,569 16,845 16,845 5213 GENERAL FUND DEBT SVC ‐ INT 15,066 13,757 10,450 11,668 10,450 10,450 5214 GENERAL FUND LIAB. INSURANCE 5,659 5,994 6,335 4,778 6,520 6,520 5216 GENERAL FUND MAINT. CONTRACT 463 0 0 0
5218  FUND OUTSIDE SERVICE 16,954 7,695 7,500 1,008 7,500 7,500 5218 GENERAL FUND OUTSIDE SERVICE 9,978 7,276 12,000 1,391 12,500 12,500 5219 GENERAL FUND EQUIP.REP&MAINT 6,487 5,891 2,000 4,200 5,000 5220 GENERAL FUND CONFER.& MEETG. 460 325 750 49 750 750 5220FUND CONFER.& MEETG. 19 0 0 0 0
5221 GENERAL FUND TRAINING & DEV. 142 236 250 250 250
5222 FUND COVID‐19 38 58 0 0
5222 GENERAL FUND COVID‐19 255 283 0 0
5224 GENERAL FUND RENTALS 0 0 250 0 0
5230 GENERAL FUND SM TOOLS/EQUIP 647 1,840 500 500 650
5232 GENERAL FUND GARBAGE/RECYCLE 0 0 150 0
5240 GENERAL FUND CHLORINE & CHEM 11,091 4,653 11,000 5,483 11,000 11,000 5242 GENERAL FUND OTHER PERSONNEL 2,990 68 1,750 33 1,650 2,000 5243 GENERAL FUND LATE CHARGE 3 19 0 0 0
5246 GENERAL FUND SNACK BAR SUPPS 7,407 1,938 2,500 646 2,500 2,500 5247 FUND MISC. EXPENSES 0 0 100 100 100
5247 GENERAL FUND MISC. EXPENSES (14) 10 50 1 50 500
5248 FUND CAMP FAIR EXP 820 0 1,000 1,000 1,000
5248 GENERAL FUND CAMP FAIR EXP 0 0 50 50 50
5252 GENERAL FUND OPEN SPACE EXP 5,964 17,138 9,000 7,650 23,000 23,000 5257 GENERAL FUND STATE/CO FEES 2,933 3,177 3,450 4,415 3,450 3,450 5273 GENERAL FUND POSTAGE 312 81 50 261 50 50
5275 GENERAL FUND COMP. R&M/IT 349 0 100 100 100
5276 GENERAL FUND TICKET PROCESS 23 0 0 0 0
5510 GENERAL FUND CAPITAL OUTLAY 0 0 0
5200 Operations Total 157,486 129,097 150,220 74,752 161,605 165,455 5500 ‐ 5650 Cap Outlay, Fx Assets, A87
5512 GENERAL FUND FIXED ASSETS 0 0 8,700 14,000 20,000
5600 GENERAL FUND 11,190 8,261 0 0 0
5650  FUND A87 COST ALLOC 1,913 1,913 1,913 1,913 1,913 1,913 5650 GENERAL FUND A87 COST ALLOC 53,456 53,456 53,456 53,456 54,648 54,648 5500 ‐ 5650 Cap Outlay, Fx Assets, A87 Total 66,559 63,630 64,069 55,369 70,561 76,561 Grand Total 466,837 394,621 415,581 332,105 583,978 633,389 City of Nevada City Fiscal Year 2022-2023 Proposed Budget 54 Police Department
The Police Department provides efficient and effective police services to the community by promoting a safe environment and improved quality of life through a police-community partnership. The Police Department provides primary law enforcement services including response, traffic enforcement and criminal investigation. The Police Department is also responsible for parking enforcement, code enforcement, cannabis enforcement, Alcoholic Beverage Control (ABC) license compliance, evidence management, special event coordination, quality of life outreach and enforcement, coordination of POST required training, recruitment and retention of Reserve Officers, Interns and volunteers, and coordinate Neighborhood Watch activities.

Personnel Assigned:

Police Chief
Lieutenant
Sergeant (2)
Police Officer (8)
Records Clerk
Community Services Officer
Community Services Officer / Code Enforcement
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 55 4640 Police Department
FY 17/18
Actuals
FY 18/19
Actuals
FY 19/20
Actuals
FY 20/21
Adopted
Budget
FY 20/21 YE
Projections
FY 21/22
Approved
Budget
FY 22/23
Proposed
Budget
5000 Compensation 901,515 812,432 876,312 836,165 885,232 976,509 1,166,045 5100 Benefits 489,464 462,858 527,432 638,640 647,524 709,884 872,070 5200 Operations 355,655 456,382 408,939 390,345 385,713 408,026 434,720 5500‐5650 Cap Outlay, Fx Assets, A87 70,201 134,660 74,086 70,201 84,789 130,201 130,201 TOTALS 1,816,835 1,866,331 1,886,768 1,935,351 2,003,258 2,224,620 2,603,036 0 200,000
400,000
600,000
800,000
1,000,000
1,200,000
1,400,000
FY 20/21 Adopted
Budget
FY 20/21 YE
Projections
FY 21/22 Approved
Budget
FY 22/23 Proposed
Budget
20/21 ‐ 22/23 Proposed P.D. Budget
5000 Compensation 5100 Benefits
5200 Operations 5500‐5650 Cap Outlay, Fx Assets, A87
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 56 4640 Police Department
Row Labels
FY 17/18
Actuals
FY 18/19
Actuals
FY 19/20
Actuals
FY 20/21
Adopted Budget
FY 20/21 YE
Projections
FY 21/22
Approved
Budget
FY 22/23
Proposed
Budget
5000 Compensation
5010 GENERAL FUND SAL.‐ PERMANENT 752,403 660,906 785,153 762,925 763,612 883,145 1,102,747 5011 GENERAL FUND SALARY REIMB (39,976) (58,097) (76,203) (60,000) 0 (60,000) (76,952) 5020 GENERAL FUND SAL.‐ NON‐PERM. 54,142 105,646 54,277 54,600 22,249 78,125 80,000 5030 GENERAL FUND OVERTIME 66,988 64,643 66,672 34,450 53,140 42,730 45,000 5040 GENERAL FUND SHIFT DIFF. 9,951 11,000 15,278 11,820 18,723 14,243 15,000 5050 GENERAL FUND OTHER‐SPEC.DUTY 0 (74) 0
5060 GENERAL FUND COURT TIME 109 119 250 250 250
5070 GENERAL FUND INCENTIVE PAY 57,897 28,288 31,135 32,120 27,508 18,015 5000 Compensation Total 901,515 812,432 876,312 836,165 885,232 976,509 1,166,045 5100 Benefits
5110 GENERAL FUND SOCIAL SECURITY 72,419 66,836 72,384 69,855 64,872 80,591 100,631 5111 GENERAL FUND BENEFIT REIMB (93,017) (88,725) (24,282) (40,000) 0 (40,000) (48,048) 5120 GENERAL FUND WORKERS COMP. 101,750 113,321 1,648 83,685 77,151 83,685 104,494 5130 GENERAL FUND HEALTH INS. 140,579 122,787 180,383 206,235 196,888 240,319 300,077 5137 GENERAL FUND STD/LTD/LIFE  . 2,736 2,572 3,118 3,425 3,029 3,955 4,938 5140 GENERAL FUND UNEMPLOY.INS. 12,048 1,456 2,606 0 715 15,544 19,409 5150 GENERAL FUND UNIFORM ALLOW. 16,921 8,307 10,923 11,000 11,223 13,000 0 5155 GENERAL FUND CELL ALLOWANCE 517 1,920 1,340 1,920 1,388 1,920 2,397 5160 GENERAL FUND RETIRE.& PERS 235,512 234,385 279,311 302,520 292,257 310,870 388,171 5100 Benefits Total 489,464 462,858 527,432 638,640 647,524 709,884 872,070 5200 Operations
5201 GENERAL FUND OP.MATL.& SUPPL 6,970 15,005 5,175 8,000 4,094 8,000 8,000 5202 GENERAL FUND BLDG.REP.& MNTC 12,091 11,802 837 10,000 676 10,000 10,000 5203 GENERAL FUND OFFICE SUPPLIES 4,881 3,204 4,919 6,250 1,429 6,250 6,250 5204 GENERAL FUND TELEPHONE 8,210 9,749 11,678 8,000 12,852 8,000 8,000 5205 GENERAL FUND VEH.REP./MAINT. 16,341 17,599 19,247 8,500 31,904 8,500 8,500 5206 GENERAL FUND GAS & OIL 26,706 27,859 26,102 22,000 20,833 22,000 40,000 5207 GENERAL FUND PRINT. & ADVERT 188 211 259 300 0 300 300 5208 GENERAL FUND DUES,SUBS.,PUB. 3,791 2,118 2,099 2,200 629 2,200 2,200 5214 GENERAL FUND LIAB. INSURANCE 36,006 40,461 45,968 50,220 49,769 50,220 50,220 5216 GENERAL FUND MAINT. CONTRACT 9,540 6,443 9,190 5,000 9,340 5,000 5,000 5218 GENERAL FUND OUTSIDE SERVICE 27,646 20,381 24,733 12,000 39,729 12,000 12,000 5219 GENERAL FUND EQUIP.REP&MAINT 4,706 344 8,728 8,000 410 8,000 8,000 5220 GENERAL FUND CONFER.& MEETG. 25 0 267 500 0 500 500 5221 GENERAL FUND TRAINING & DEV. 10,957 18,319 19,851 15,000 15,288 15,000 15,000 5222 COVID‐19 4,398 0 0
5228 GENERAL FUND BROADCST DSPTCH 95,373 107,035 113,869 133,625 133,620 140,306 145,000 5230 GENERAL FUND SM TOOLS/EQUIP 16,976 25,018 12,798 15,000 744 26,000 30,000 5232 GENERAL FUND GARBAGE/RECYCLE 0 0 0 0 0 0
5237 GENERAL FUND ATTORNEY 1,468 0 0 0 0
5242 GENERAL FUND OTHER PERSONNEL 7,049 31,354 13,421 5,000 11,416 5,000 5,000 5245 GENERAL FUND ANIMAL SHELTER 17,847 53,869 29,222 40,000 38,962 40,000 40,000 5247 GENERAL FUND MISC. EXPENSES 30 98 818 1,000 733 1,000 1,000 5257 GENERAL FUND STATE/CO FEES 225 225 0 225 0 0
5273 GENERAL FUND POSTAGE 329 264 521 500 146 500 500
5275 GENERAL FUND COMP. R&M/IT 5,256 5,461 0 1,000 8,516 1,000 1,000 5276 GENERAL FUND TICKET PROCESS 43,046 59,563 59,239 38,250 38,250 38,250 5200 Operations Total 355,655 456,382 408,939 390,345 385,713 408,026 434,720 5500‐5650 Cap Outlay, Fx Assets, A87
5510 GENERAL FUND CAPITAL OUTLAY 00
5512 GENERAL FUND FIXED ASSETS 0 64,459 3,885 0 14,588 60,000 60,000 5650 GENERAL FUND A87 COST ALLOC 70,201 70,201 70,201 70,201 70,201 70,201 70,201 5500‐5650 Cap Outlay, Fx Assets, A87 Total 70,201 134,660 74,086 70,201 84,789 130,201 130,201 Grand Total 1,816,835 1,866,331 1,886,768 1,935,351 2,003,258 2,224,620 2,603,036 City of Nevada City Fiscal Year 2022-2023 Proposed Budget 57 Public Works
The Public Works Department provides planning, design, construction, and maintenance of City streets, right-of-way, parking, water, wastewater, and storm drain infrastructure. The Public Works Department is responsible for the development of the City’s Capital Improvement Program (CIP) and coordinates with external transportation and utility agencies to promote orderly development of the City's infrastructure. The Public Works Department coordinates the impact of private development with the Planning Department.

City Engineer
The City Engineer designs and manages construction of infrastructure improvement projects; provides plan review and construction inspection of private development projects; and oversees the City’s real property assets including: City streets, right-of-way, parking, water, wastewater, and storm drain infrastructure. The City Engineer is responsible for the development of the City’s Capital Improvement Program (CIP).

Personnel Assigned:

Public Works Director / City Engineer
Maintenance (Buildings & Grounds #4650 and Streets #4660) The Public Works Maintenance Division maintains the City’s streets and structures through the following specific services and programs:

Personnel Assigned:

Public Works Superintendent
Maintenance Worker I (2)
Maintenance Worker II (3)
Lead Maintenance Worker
● Street maintenance, including pothole repair
● Sidewalk installation, maintenance and repair
● City gas lamp maintenance and repair
● Stormwater conveyance maintenance and
repair
● Stormwater collections systems maintenance
and repair
● Water distribution maintenance and repair
● Water meter reading for utility billing
● Sewer collection maintenance and repair
● Parking meter maintenance, repair, and coin
collection
● Snow plowing and road clearing services
● Building and maintaining all traffic and street signs ● Street sweeping
● Lane striping and legends
● Graffiti eradication
● Maintenance and janitorial services to all City
facilities
● Maintenance of public restrooms
● Maintenance and repair services at City owned
commercial and residential properties
● Special event set-up, street closures, and janitorial services
● Parks and Open Space maintenance
● Fuels mitigation
● Hazardous trees and vegetation mitigation
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 58 Consolidated Public Works 4650, 4660
Row Labels
FY 17/18
Actuals
FY 18/19
Actuals
FY 19/20
Actuals
FY 20/21
Adopted
Budget
FY 20/21
YE
Projections
FY 21/22
Approved
Budget
FY 22/23
Proposed
Budget
5000 Compensation 133,812 108,131 124,375 121,045 103,110 152,217 152,440 5100 Benefits 89,896 100,196 65,387 102,826 125,811 106,796 107,376 5200 Operations 298,973 233,540 302,612 248,877 272,667 280,677 288,750 5500‐5600 Cap Outlay, Fx Assets, A87 120,230 61,847 403,864 121,192 57,865 161,192 202,500 Grand Total 642,912 503,714 896,237 593,940 559,453 700,882 751,066 City of Nevada City Fiscal Year 2022-2023 Proposed Budget 59 Consolidated Public Works 4650, 4660
Row Labels
FY 17/18
Actuals
FY 18/19
Actuals
FY 19/20
Actuals
FY 20/21
Adopted
Budget
FY 20/21 YE
Projections
FY 21/22
Approved
Budget
FY 22/23
Proposed
Budget
5000 Compensation
5010 GENERAL FUND SAL.‐ PERMANENT 49,851 27,967 51,292 36,315 40,260 59,888 58,142 5010 SAL PERM 64,156 54,727 54,605 68,045 52,681 74,919 77,523 5011 GENERAL FUND SALARY REIMB (864) 0 0
5020 GENERAL FUND SAL.‐ NON‐PERM. 3,540 12,313 2,727 0
5020 SAL. NON PERM 242 3,533 3,277 0 0
5030 GENERAL FUND OVERTIME 5,174 1,738 3,518 3,890 2,341 4,239 4,115 5030 OVERTIME 6,284 3,260 2,573 6,530 2,871 6,915 7,155 5031 GENERAL FUND OVERTIME‐SPEC E 341 198 527 360 391 380 5031 OVERTIME‐SPEC E 540 426 369 605 638 660
5050 GENERAL FUND OTHER‐SPEC.DUTY 3,007 1,131 2,557 1,385 1,661 1,350 1,310 5050 OTHER SPEC‐DUT 1,541 2,198 1,839 2,760 1,712 2,569 2,658 5070 GENERAL FUND INCENTIVE PAY 0 251 474 450 47 511 496 5070 INCENTIVE PAY 0 389 618 705 1,537 798
5000 Compensation Total 133,812 108,131 124,375 121,045 103,110 152,217 152,440 5100 Benefits
5110 GENERAL FUND SOCIAL SECURITY 4,229 2,745 4,633 3,170 3,299 5,004 4,858 5110 SOCIAL SECURITY 6,439 4,860 4,850 5,860 4,715 6,422 6,646 5120 GENERAL FUND WORKERS COMP. 8,593 14,866 216 12,070 18,359 12,070 11,718 5120 WORKERS COMP 10,751 18,599 270 15,100 34,053 15,100 15,625 5130  HEALTH INS 21,539 16,425 17,828 22,165 15,403 18,070 18,698 5130 GENERAL FUND HEALTH INS. 16,007 15,504 16,737 17,255 16,492 13,331 12,942 5137 GENERAL FUND STD/LTD/LIFE  . 353 387 404 446 413 457 444 5137 STD/LTD/LIFE 352 365 388 465 430 477 494
5140 GENERAL FUND UNEMPLOY.INS. 990 961
5140 UNEMPLOYMENT INS 174 1,537 1,278 1,322
5150 GENERAL FUND UNIFORM ALLOW. 63 0 33 200 0 200 194
5150UNIFORM ALLOWANCE 794 276 404 350 241 350
5155 CELL ALLOWANCE 640 552 483 675 2,093 672 695
5155 GENERAL FUND CELL ALLOWANCE 554 299 531 385 98 384 373 5160 GENERAL FUND RETIRE.& PERS 9,490 13,544 7,476 7,605 6,180 10,904 10,586 5160 RETIRE AND PERS 10,093 11,775 10,958 17,080 22,497 21,086 21,819 5100 Benefits Total 89,896 100,196 65,387 102,826 125,811 106,796 107,376 5200 Operations
5201 GENERAL FUND OP.MATL.& SUPPL 39,515 37,774 29,020 30,000 22,569 35,000 30,000 5201 OP MATL&SUPPL 17,980 16,782 34,426 17,500 814 15,000 0 5202 GENERAL FUND BLDG.REP.& MNTC 1,521 8,599 5,000 1,075 5,000 6,000 5203 GENERAL FUND OFFICE SUPPLIES 757 962 813 600 124 600 600 5203 OFFICE SUPPLIES 158 150 27 400 5 200 200
5204 GENERAL FUND TELEPHONE 910 1,132 1,174 1,000 1,445 1,000 1,000 5204 TELEPHONE 464 305 0 0 0 0
5205 GENERAL FUND VEH.REP./MAINT. 122 3,685 1,823 750 370 750 750 5205 VEH. REP./MAINT 8,667 1,267 5,106 3,500 3,023 3,500 3,500 5206 GENERAL FUND GAS & OIL 7,072 8,538 6,116 6,750 3,697 6,750 11,000 5207 GENERAL FUND PRINT. & ADVERT 0 50 0 0 0
5207 PRINT & ADVERT. 38 236 7 150 150 150
5208 DUES, SUBS., PUB 369 564 0 400 470 400 500
5208 GENERAL FUND DUES,SUBS.,PUB. 11 118 0 0 500
5209 GENERAL FUND ELECT & HEATNG 5,805 8,529 6,012 5,000 5,922 5,000 6,500 5209ELECT & HEATING 33,220 34,901 27,208 25,000 27,833 35,000 35,000 City of Nevada City Fiscal Year 2022-2023 Proposed Budget 60 Consolidated Public Works 4650, 4660
Row Labels
FY 17/18
Actuals
FY 18/19
Actuals
FY 19/20
Actuals
FY 20/21
Adopted
Budget
FY 20/21 YE
Projections
FY 21/22
Approved
Budget
FY 22/23
Proposed
Budget
5210   WATER
5210 GENERAL FUND WATER 36 108 72 0 72 0 0
5212 DEBT SVS PRINCIPAL 0
5212DEBT SVS ‐ PRIN 0 0 41,357 41,358 41,357 41,358 42,000 5213 DEBT SVS AND INTEREST 0
5213DEBT SVC ‐ INT 0 0 4,790 7,149 7,153 7,149 7,200
5214 GENERAL FUND LIAB. INSURANCE 14,258 19,034 20,773 26,335 32,109 26,335 30,000 5214LIAB. INSURANCE 1,892 15,585 25,924 5,135 9,639 5,135 5,400 5216 GENERAL FUND MAINT. CONTRACT 0 274 2,256 0 0 0 0
5216 MAINT. CONTRACT 0 87 277 0 0 0 0
5218 GENERAL FUND OUTSIDE SERVICE 77,633 36,227 13,745 15,000 24,797 30,000 35,000 5218 OUTSIDE SVS 12,712 9,425 20,446 12,000 7,315 10,000 12,000 5219 GENERAL FUND EQUIP.REP&MAINT 0 0 0 500 6 500 500
5219EQUIP.REP&MAINT 17,534 10,871 4,542 10,000 8,499 10,000 10,000 5220 GENERAL FUND CONFER. & MEETG. 5 0 500
5220CONFER.&MEETG. 0 0 0 200 106 200 500
5221 GENERAL FUND TRAINING & DEV. 0 15 0 0 1,500
5221TRAINING & DEV. 60 0 200 1,500 548 1,500 1,500
5222 COVID‐19 1,538 28,540 0
5222 GENERAL FUND COVID‐19 2,122 2,100 0
5224 GENERAL FUND RENTALS 0 0 0 300 300 350
5224 RENTALS 45 0 168 500 272 500 500
5225HOSE AND HYDRANTS 319 0 500
5227 TOW & STORAGE 1,770 0 500
5228 DSPTCH 692 0 0
5229 STREET MTG&RP 10,658 855 10,746 10,000 9,865 10,000 10,000 5230 GENERAL FUND SM TOOLS/EQUIP 1,135 139 1,228 1,000 1,815 1,500 2,000 5230 SM TOOLS/EQUIP 974 507 3,459 1,500 1,638 1,500 2,000 5231 ENGINEER SERV. 1,016 0 0 0
5231 GENERAL FUND ENGINEER SERV. 2,694 392 0 0 1,500
5232 GARBAGE/RECYCLE 21,829 2,780 858 750 1,154 750 750 5232 GENERAL FUND GARBAGE/RECYCLE 91 3,866 2,189 250 250 1,500 5242 GENERAL FUND OTHER PERSONNEL 515 0 86 0 0 0
5242 OTHER PERSONNEL 1,541 401 1,491 850 1,578 850 850
5243 GENERAL FUND LATE CHARGE 10 20 20 0 10 0 0
5249 GENERAL FUND OFFICE EXPENSE 470 0 0
5250 RECYCLING CHRGS 270 0 0 0 0
5252 GENERAL FUND OPEN SPACE EXP 3,000 0 1,500
5252 OPEN SPACE EXP 348 0 0 0 0
5253 FUND VANDALISM 347 41 0 0
5253 GENERAL FUND VANDALISM 0
5257 FUND STATE/CO FEES 483 0 0
5257 GENERAL FUND STATE/CO FEES 4,427 4,500 4,613 4,500 5,000 5258 GAS STR LIGHTS 18,738 16,106 15,462 14,000 18,082 20,000 20,000 5273 GENERAL FUND POSTAGE 4 7 0 0 0
5273 POSTAGE 7 7 14 0 0 0
5275 COMP R&M/IT 95 224 0 0 0
5275 GENERAL FUND COMP. R&M/IT 808 100 0 0 0
5200 Operations Total 298,973 233,540 302,612 248,877 272,667 280,677 288,750 5500‐5600 Cap Outlay, Fx Assets, A87
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 61 Consolidated Public Works 4650, 4660
Row Labels
FY 17/18
Actuals
FY 18/19
Actuals
FY 19/20
Actuals
FY 20/21
Adopted
Budget
FY 20/21 YE
Projections
FY 21/22
Approved
Budget
FY 22/23
Proposed
Budget
5510 CAPITAL OUTLAY 0 0 65,000 100,000 100,000
5510 GENERAL FUND CAPITAL OUTLAY 53,000 5,000 98,714 0 5,000 45,000 5512 FIXED ASSETS 0 658 248,961 0 1,676 0 0
5600 GENERAL FUND TRANSFER 11,041 0 0 0 0
5650 A87 ALLOCATION 46,102 46,102 46,102 46,102 46,102 46,102 47,000 5650 GENERAL FUND A87 COST ALLOC 10,087 10,087 10,087 10,090 10,087 10,090 10,500 5500‐5600 Cap Outlay, Fx Assets, A87 Total 120,230 61,847 403,864 121,192 57,865 161,192 202,500 Grand Total 642,912 503,714 896,237 593,940 559,453 700,882 751,066 City of Nevada City Fiscal Year 2022-2023 Proposed Budget 62 Water/Wastewater
The Water/Wastewater Division implements water and wastewater enterprise operations. Water operations include the sourcing, storage, treatment, testing, distribution and tank storage of potable water. Wastewater includes the collection, treatment, testing and disposal of effluent.

Water/Wastewater maintains permitting for both water and wastewater services through the State of California and complies with state and federal regulations. Water/Wastewater functions as a Division of the Public Works Department but financial operates as an enterprise fund within the City budget structure.

Personnel Assigned:

Chief Plant Operator
Water Wastewater Operator-in-Training (OIT) (2)
Wastewater / Water Operator II (2)
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 63 WATER FUND SUMMARY: FY 21/22 PROPOSED BUDGET
Water Fund Expenditures FY 17/18 Actuals FY 18/19 Actuals FY 19/20 Actuals FY 20/21 Adopted Budget FY 20/21 YE Projections FY 21/22 Approved Budget FY 22/23 Projected Budget DEPT #: 6000 610,130 565,415 742,608 459,495 625,915 531,408 544,855 DEPT #: 6001 258,195 195,073 203,072 378,955 309,697 435,430 363,237 908,092 Total Expenses 868,325 760,488 945,680 838,450 935,611 966,838 908,092 Water Fund Revenues 885,921 890,272 890,767 885,018 890,767 885,018 890,000 Net 17,596 129,784 (54,913) 46,568 (44,844) (81,820) (18,092) Net does not include $137,900 general fund
expense for NID water in FY 21/22
0 200,000400,000600,000800,000
1,000,0001,200,000
FY 17/18
Actuals
FY 18/19
Actuals
FY 19/20
Actuals
FY 20/21
Adopted
Budget
FY 20/21 YE
Projections
FY 21/22
Approved
Budget
FY 22/23
Projected
Budget
Water and Water Distribution 17/18 ‐ 22/23
Proposed Budget
DEPT #: 6000 DEPT #: 6001 Total Expenses Water Fund Revenues City of Nevada City Fiscal Year 2022-2023 Proposed Budget 64 WATER DEPT AND WATER DISTRIBUTION (6000‐6001)
Row Labels
17/18 FY
Actuals
18/19 FY
Actuals
19/20 FY
Actuals
20/21 FY
Adopted
Bud
20/21 FY YE
Projections
21/22 FY
Approved
Bud
22/23 FY
Proposed
Budget
5000 COMPENSATION 132,188 136,329 125,004 143,970 112,374 176,596 191,112 5100 BENEFITS 105,634 47,831 113,166 84,165 57,962 95,503 113,380 5200 OPERATIONS 558,165 507,589 624,493 299,818 535,190 330,315 385,600 5500‐5600 CAP OUTLAY, TRANSFERS, A87 49,286 43,180 49,100 323,000 195,187 358,000 218,000 Grand Total 845,273 734,928 911,763 850,953 900,713 960,414 908,092 0 100,000
200,000
300,000
400,000
500,000
600,000
20/21 FY YE Projections 21/22 FY Approved Bud 22/23 FY Proposed Budget 20/21 ‐ Proposed 22/23 Budget Water &  Water Distribution (6000‐6001)
5000 COMPENSATION 5100 BENEFITS 5200 OPERATIONS 5500‐5600 CAP OUTLAY, TRANSFERS, A87 City of Nevada City Fiscal Year 2022-2023 Proposed Budget 65

WATER DEPT AND WATER DISTRIBUTION
Row Labels
17/18 FY
Actuals
18/19 FY
Actuals
19/20 FY
Actuals
20/21 FY
Adopted
Budget
20/21 FY YE
Projections
21/22 FY
Approved
Budget
22/23 FY
Proposed
Budget
5000 COMPENSATION
600 5010 WATER FUND SAL.‐ PERMANENT 43,636 63,930 55,702 64,175 49,395 84,308 96,904 600 5010WATER FUND SAL.‐ PERMANENT 64,757 50,785 53,919 63,720 52,040 73,806 73,806 600 5020 WATER FUND SAL.‐ NON‐PERM. 2,237 6,464 2,999 0 0 0 7,563 600 5030 WATER FUND OVERTIME 10,775 5,466 6,094 9,655 5,215 11,346 5,094 600 5031 WATER FUND OVERTIME‐SPEC E 564 426 407 605 0 638 1,508 600 5050 WATER FUND OTHER‐SPEC.DUTY 10,203 8,462 4,878 5,110 5,576 5,700 6,237 600 5070 WATER FUND INCENTIVE PAY 16 796 1,006 705 147 798 0 5000 COMPENSATION Total 132,188 136,329 125,004 143,970 112,374 176,596 191,112 5100 BENEFITS
5110 WATER FUND SOCIAL SECURITY 4,296 5,530 4,709 5,235 4,190 6,884 5,646 5120 WATER FUND WORKERS COMP. 4,736 6,490 119 6,650 3,405 6,650 6,700 5130 WATER FUND HEALTH INS. 14,450 21,795 12,757 15,135 11,564 27,420 28,000 5137 WATER FUND STD/LTD/LIFE  . 196 480 287 450 536 659 650 5140 WATER FUND UNEMPLOY.INS. 0 0 0 607 1,378 1,500
5150 WATER FUND UNIFORM ALLOW. 51 340 390 175 113 188 0 5155 WATER FUND CELL ALLOWANCE 383 650 553 480 60 600 600 5160 WATER FUND RETIRE.& PERS 20,274 (32,671) 58,133 6,305 3,443 7,343 7,600 600 5110 WATER FUND SOCIAL SECURITY 5,203 4,529 4,848 5,530 4,119 6,335 9,733 600 5120 WATER FUND WORKERS COMP. 4,622 7,996 116 6,490 66 66 156 600 5130 WATER FUND HEALTH INS. 23,206 18,230 19,748 21,795 15,696 17,218 18,590 600 5137 WATER FUND STD/LTD/LIFE  . 340 410 435 480 476 496 1,124 600 5140  WATER FUND UNEMPLOY.INS. 174 1,537 1,261 3,632 600 5150 WATER FUND UNIFORM ALLOW. 886 276 417 340 252 338 0 600 5155 WATER FUND CELL ALLOWANCE 652 529 507 650 85 648 1,531 600 5160 WATER FUND RETIRE.& PERS 26,337 13,247 9,973 14,450 11,813 18,019 27,917 5100 BENEFITS Total 105,634 47,831 113,166 84,165 57,962 95,503 113,380 5200 OPERATIONS
5201 WATER FUND OP.MATL.& SUPPL 29,625 29,518 6,174 35,000 28,930 35,000 35,000 5202 WATER FUND BLDG.REP.& MNTC 68 0 36 1,000 1,000 1,000 5203 WATER FUND OFFICE SUPPLIES 2,002 1,604 2,995 1,150 1,942 1,150 1,650 5204 WATER FUND TELEPHONE 1,675 1,961 2,490 1,800 2,556 1,800 2,200 5205 WATER FUND VEH.REP./MAINT. 6,124 3,324 3,490 4,500 1,547 4,500 5,200 5206 WATER FUND GAS & OIL 4,742 5,337 8,306 6,300 4,226 6,300 10,500 5207 WATER FUND PRINT. & ADVERT 0 78 321 250 250 250
5208 WATER FUND DUES,SUBS.,PUB. 740 777 408 1,250 961 1,250 1,350 5209 WATER FUND ELECT & HEATNG 14,175 15,083 13,740 14,250 17,517 14,250 16,250 5210 WATER FUND WATER 78,484 67,206 106,518 50,000 137,952 80,000 82,000 5212 WATER FUND DEBT SVC ‐ PRIN 3,694 3,700 3,700 3,700 3,700 5213 WATER FUND DEBT SVC ‐ INT 277 350 350 350 350
5214 WATER FUND LIAB. INSURANCE 11,953 12,887 14,161 15,065 16,080 15,065 15,500 5216 WATER FUND MAINT. CONTRACT 1,516 1,187 1,455 1,000 1,125 1,000 1,200 5218 WATER FUND OUTSIDE SERVICE 93,411 70,208 87,009 55,000 208,308 47,500 65,000 5219 WATER FUND EQUIP.REP&MAINT 18,681 27,362 70,786 20,003 20,000 25,000 30,000 5220 WATER FUND CONFER.& MEETG. 16 257 175 250 250 1,000 5221 WATER FUND TRAINING & DEV. 4,805 1,631 998 1,000 864 1,000 3,000 5223 WATER FUND DEPRECIATION 195,916 169,610 187,574 0 0 City of Nevada City Fiscal Year 2022-2023 Proposed Budget 66

WATER DEPT AND WATER DISTRIBUTION
Row Labels
17/18 FY
Actuals
18/19 FY
Actuals
19/20 FY
Actuals
20/21 FY
Adopted
Budget
20/21 FY YE
Projections
21/22 FY
Approved
Budget
22/23 FY
Proposed
Budget
5224 WATER FUND RENTALS 125 251 706 1,200 1,240 1,200 1,500 5225 WATER FUND HOSE & HYDRANTS 0 0 0 0 385 0 450
5229  WATER FUND STREET MT & RP 693 1,164 0 1,200
5230 WATER FUND SM TOOLS/EQUIP 7,546 7,550 10,539 7,000 1,140 7,000 7,000 5231 WATER FUND ENGINEER SERV. 3,456 6,776 3,722 4,500 3,527 4,500 5,000 5232 WATER FUND GARBAGE/RECYCLE 16 111 168 0 0
5240 WATER FUND CHLORINE & CHEM 27,346 29,802 28,474 25,000 25,951 30,000 35,000 5241 WATER FUND BACTERIA TESTS 10,795 9,616 17,999 12,000 18,000 10,000 20,000 5242 WATER FUND OTHER PERSONNEL 1,469 968 1,488 1,250 1,649 1,250 1,300 5243 WATER FUND LATE CHARGE 829 200 0 0 0
5247 WATER FUND MISC. EXPENSES 80 0 0 0 0 0
5257 WATER FUND STATE/CO FEES 37,857 44,217 48,124 34,000 34,000 34,000 35,000 5265 WATER FUND BAD DEBT 695 (1,847) (155) 1,000 1,000 1,000 5273 WATER FUND POSTAGE 1,923 1,914 2,128 2,000 2,076 2,000 2,500 5275 WATER FUND COMP. R&M/IT 2,096 0 0 0 0 500
5200 OPERATIONS Total 558,165 507,589 624,493 299,818 535,190 330,315 385,600 5500‐5600 CAP OUTLAY, TRANSFERS, A87
5510 WATER FUND CAPITAL OUTLAY 0 (5,450) (186) 230,000 102,187 265,000 125,000 5512 WATER FUND FIXED ASSETS 0 (658) 0 0
5600 WATER FUND 010 0 0
5650 WATER FUND A87 COST ALLOC 49,286 49,286 49,286 93,000 93,000 93,000 93,000 5500‐5600 CAP OUTLAY, TRANSFERS, A87 Total 49,286 43,180 49,100 323,000 195,187 358,000 218,000 Grand Total 845,273 734,928 911,763 850,953 900,713 960,414 908,092 City of Nevada City Fiscal Year 2022-2023 Proposed Budget 67 SEWER FUND SUMMARY : FY 22/23 PROPOSED BUDGET
Sewer Fund Expenditures FY 17/18 Actuals FY 18/19 Actuals FY 19/20 Actuals FY 19/20 Budget FY 20/21 Adopted
Budget
FY 20/21 YE
Projections
FY 21/22
Approved Budget
FY 22/23
Proposed
Budget
DEPT #: 6500 1,536,441 1,324,810 1,650,737 1,211,095 1,249,851 1,203,151 1,461,680 1,445,733 DEPT #: 6507 270,311 381,822 215,721 446,885 398,535 365,081 487,815 481,911 Total Expenses 1,806,753 1,706,632 1,866,457 1,657,980 1,648,386 1,568,231 1,949,494 1,927,644 Sewer Fund Revenues 1,446,041 1,555,668 1,402,791 1,396,270 1,465,744 1,452,276 1,465,744 1,562,483 Net (360,712) (150,965) (463,666) (261,710) (182,642) (115,955) (483,750) (365,161) 0 500,000
1,000,0001,500,0002,000,0002,500,000
FY 17/18
Actuals
FY 18/19
Actuals
FY 19/20
Actuals
FY 19/20
Budget
FY 20/21
Adopted
Budget
FY 20/21 YE
Projections
FY 21/22
Approved
Budget
FY 22/23
Proposed
Budget
Sewer Plant and Sewer Collection Comps
FY 17/18 thru 22/23 Proposed Budget
DEPT #: 6500 DEPT #: 6507 Total Expenses Sewer Fund Revenues City of Nevada City Fiscal Year 2022-2023 Proposed Budget 68 Row Labels 17/18 FY Actuals 18/19 FY Actuals 19/20 FY Actuals 20/21 FY
Adopted
Budget
20/21 FY YE
Projections
21/22 FY
Approved
Budget
22/23 FY
Proposed
Budget
5000 COMPENSATION 259,241 284,693 277,318 289,540 250,187 363,832 366,560 5100 BENEFITS 418,716 113,514 206,758 159,785 128,597 211,601 212,723 5200 OPERATIONS 1,717,520 1,219,192 1,284,368 819,061 809,448 874,061 918,361 5500‐5650 CAP OUTLAY, FX ASSET, A87 1,806,753 89,233 98,012 380,000 380,000 500,000 430,000 Grand Total 1,706,632 1,866,457 1,648,386 1,568,231 1,949,494 1,927,644 SEWER PLANT AND COLLECTION (6500 & 6507)
0 200,000
400,000
600,000
800,000
1,000,000
1,200,000
1,400,000
1,600,000
20/21 FY YE Projections 21/22 FY Approved Budget 22/23 FY Proposed Budget 21/22 Projections ‐ 22/23 Proposed Budget  Sewer Plant and Sewer Collection 6500 & 6507
5000 COMPENSATION 5100 BENEFITS 5200 OPERATIONS 5500‐5650 CAP OUTLAY, FX ASSET, A87 City of Nevada City Fiscal Year 2022-2023 Proposed Budget 69 Row Labels 17/18 FY Actuals 18/19 FY Actuals 19/20 FY Actuals 20/21 FY
Adopted
Budget
20/21 FY YE
Projections
21/22 FY
Approved
Budget
22/23 FY
Proposed
Budget
5000 COMPENSATION
5010 SEWER FUND SAL.‐ PERMANENT 208,787 242,161 247,857 262,235 227,641 329,854 330,000 5020 SEWER FUND SAL.‐ NON‐PERM. 4,778 9,634 2,999 0 0
5030 SEWER FUND OVERTIME 18,698 9,823 13,087 16,120 9,458 20,493 21,500 5031 SEWER FUND OVERTIME‐SPEC E 559 423 324 625 0 664 660 5050 SEWER FUND OTHER‐SPEC.DUTY 26,370 21,041 11,059 9,855 11,954 12,024 12,100 5070 SEWER FUND INCENTIVE PAY 49 1,611 1,993 705 1,134 798 2,300 5000 COMPENSATION Total 259,241 284,693 277,318 289,540 250,187 363,832 366,560 5100 BENEFITS
5110 SEWER FUND SOCIAL SECURITY 19,120 21,418 21,158 21,715 20,063 27,252 25,245 5120 SEWER FUND WORKERS COMP. 20,438 35,357 514 28,705 19,466 28,705 28,928 5130 SEWER FUND HEALTH INS. 65,848 58,371 56,099 68,435 51,310 101,017 102,500 5137 SEWER FUND STD/LTD/LIFE  . 892 1,109 1,248 1,835 1,606 2,478 2,550 5140 SEWER FUND UNEMPLOY 0 174 2,022 1,313 1,500
5140 SEWER FUND UNEMPLOY.INS. 0 8,775 0 0 1,820 4,134 4,500 5150 SEWER FUND UNIFORM ALLOW. 1,053 1,487 1,055 815 772 925 0 5155 SEWER FUND CELL ALLOWANCE 1,893 1,553 2,232 2,140 1,699 2,496 2,500 5160 SEWER FUND RETIRE.& PERS 50,232 (14,556) 124,279 36,140 29,838 43,280 45,000 5100 BENEFITS Total 418,716 113,514 206,758 159,785 128,597 211,601 212,723 5200 OPERATIONS
5209 SEWER FUND ELECT & HEATNG 111,114 126,903 108,046 95,000 108,763 120,000 120,000 5201 SEWER FUND OP.MATL.& SUPPL 24,200 30,020 30,940 30,000 9,872 30,000 30,500 5202 SEWER FUND BLDG.REP.& MNTC 5,743 1,223 2,280 2,500 733 2,500 2,620 5203 SEWER FUND OFFICE SUPPLIES 2,774 3,649 3,335 2,100 2,877 2,100 2,650 5204  SEWER FUND TELEPHONE 3,347 3,765 3,748 2,750 3,827 2,750 2,800 5204 SEWER FUND TELEPHONE 0 190 427 400 427 400 400
5205 SEWER FUND VEH.REP./MAINT. 13,391 5,019 6,156 5,500 2,556 5,500 6,000 5206 SEWER FUND GAS & OIL 7,167 11,336 11,914 7,000 7,881 7,000 12,000 5207 SEWER FUND PRINT. & ADVERT 0 238 681 450 450 450
5208 SEWER FUND DUES, SUBS. & PUB 0 408 500 500 500
5208 SEWER FUND DUES,SUBS.,PUB. 170 0 500 345 500 500
5209 SEWER FUND ELECT & HEATING 0 0 0 0
5212 SEWER FUND DEBT SVC ‐ PRIN 0 0 3,694 134,615 134,615 134,615 134,645 5213 SEWER FUND DEBT SVC ‐ INT 168,203 155,614 150,117 147,346 147,346 147,346 147,346 5214 SEWER FUND LIAB. INSURANCE 25,109 27,312 30,704 21,550 24,729 21,550 21,800 5216 SEWER FUND MAINT. CONTRACT 1,516 1,433 2,049 1,500 1,425 1,500 1,500 5218 SEWER FUND OUTSIDE SERVICE 136,790 90,093 122,410 90,000 78,880 100,000 100,000 5219 SEWER FUND EQUIP.REP&MAINT 70,067 73,997 75,629 55,000 45,955 55,000 55,000 5220 SEWER FUND CONF. & MEETG 0 6 0 0 250
5220 SEWER FUND CONFER.& MEETG. 16 459 230 500 500 500
5221 SEWER FUND TRAINING & DEV. 1,628 1,198 1,098 1,500 588 1,500 3,500 5222 SEWER FUND COVID ‐ 19 0 130 200 726 200 0
5222 SEWER FUND COVID‐19 0 354 0 0
5223 SEWER FUND DEPRECIATION 456,895 464,243 465,692
5224 SEWER FUND RENTALS 0 7,730 4,353 3,000 114 3,000 3,000 5230 SEWER FUND SM TOOLS/EQUIP 3,394 6,773 14,627 8,500 2,160 8,500 8,500 5231 SEWER FUND ENGINEER SERV. 21,549 19,453 26,575 11,500 30,047 11,500 21,500 5232 SEWER FUND GARBAGE/RECYCLE 0 166 0 0 0
5237 SEWER FUND ATTORNEY 2,994 8 9,215 0 379 0
5240 SEWER FUND CHLORINE & CHEM 124,995 92,576 78,598 70,000 71,630 100,000 100,000 5241 SEWER FUND BACTERIA TESTS 54,262 47,713 67,725 60,250 74,924 60,250 75,500 5242 SEWER FUND OTHER PERSONNEL 2,551 1,808 2,608 1,900 5,113 1,900 1,900 5243 SEWER FUND LATE CHARGE 54 74 28 0 44 0
5244 SEWER FUND SOLIDS HANDLNG. 44,872 29,976 48,545 50,000 43,039 40,000 50,000 5257 SEWER FUND STATE/CO FEES 11,444 7,078 4,792 10,000 10,000 10,000 10,000 5265 SEWER FUND BAD DEBT 2,424 4,967 5,186 5,000 5,000 5,000 5273 SEWER FUND POSTAGE 1,897 3,726 2,071 0 454 0 0
5275 SEWER FUND COMP. R&M/IT 238 448 0 0
5200 OPERATIONS Total 1,717,520 1,219,192 1,284,368 819,061 809,448 874,061 918,361 5500‐5650 CAP OUTLAY, FX ASSET, A87
5510 SEWER FUND CAPITAL OUTLAY 0 0 (2,086) 250,000 250,000 370,000 300,000 5512 SEWER FUND FIXED ASSET 0 10,865 0 0
5512 SEWER FUND FIXED ASSETS 0 0 0
SEWER PLANT AND COLLECTION (6500 & 6507)
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 70 Row Labels 17/18 FY Actuals 18/19 FY Actuals 19/20 FY Actuals 20/21 FY
Adopted
Budget
20/21 FY YE
Projections
21/22 FY
Approved
Budget
22/23 FY
Proposed
Budget
SEWER PLANT AND COLLECTION (6500 & 6507)
5650 SEWER FUND A87 COST ALLOC 89,233 89,233 89,233 130,000 130,000 130,000 130,000 5500‐5650 CAP OUTLAY, FX ASSET, A87 Total 1,806,753 89,233 98,012 380,000 380,000 500,000 430,000 Grand Total 1,706,632 1,866,457 1,648,386 1,568,231 1,949,494 1,927,644 City of Nevada City Fiscal Year 2022-2023 Proposed Budget 71 MEASURE "C" SUMMARY : FY 22/23 PROPOSED BUDGET
Measure "C" Expenditures FY 19/20 Actuals FY 19/20 Budget FY 20/21
Adopted Budget
FY 20/21 YE
Projections
FY 21/22
Approved
Budget
22/23 Proposed
Budget
DEPT #: 4630 FIRE $       411,266.54 $       366,185.00 $       297,663.00 $       233,205.19 $       446,075.00 $       446,075.00 DEPT #: 4640 POLICE $       120,443.70 $       116,505.00 $       126,090.00 $       134,772.07 $       125,485.19 $       125,485.19 Total Expense $      531,710.24 $      482,690.00 $      423,753.00 $      367,977.27 $      571,560.19 $       571,560.19 Measure "C" Revenues 555,958.42 $       $      458,000.00 $      434,000.00 $      559,710.00 $      580,340.00 $      695,759.00 Net $        24,248.18 $       (24,690.00) $        10,247.00 $      191,732.73 $          8,779.81 $      124,198.81 $‐
$200,000.00
$400,000.00
$600,000.00
$800,000.00
FY 19/20
Actuals
FY 19/20
Budget
FY 20/21
Adopted
Budget
FY 20/21 YE
Projections
FY 21/22
Approved
Budget
22/23
Proposed
Budget
Measure C Expenses and Revenues 19/20 ‐ 22/23
Proposed Budget
DEPT #: 4630 FIRE DEPT #: 4640 POLICE
Total Expense Measure "C" Revenues
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 72 Reserves
City of Nevada City

PROPOSED ANNUAL BUDGET
Fiscal Year 2022-23
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 73 Description FUND General Government Public Protection Public Ways & Facilities Recreation & Culture GL TOTAL NONSPENDABLE ‐ 2461
General Fund
Time Value Investments 100 (1,275,000.00) $
NCCSIF Banking Layer‐ Workers Compensation 100 (115,894.38) $ Operational Prepaid Expenses fy 19/20 100 (76,569.47) $ Subtotal $           (1,467,463.85) $                       ‐ $                                  ‐ $                              ‐ $     (192,463.85) Measure "C" Fund
NCCSIF Banking Layer‐ Workers Compensation 285 (19,928.56) $                  $                                   ‐ Operational Prepaid Expenses fy 19/20 285 $                   (4,224.47) Subtotal $                (24,153.03) $                       ‐ $                                  ‐ $                              ‐ $       (24,153.03) Measure "S" Fund
NCCSIF Banking Layer‐ Workers Compensation 715 (5,557.95) $                    $                                   ‐ Operational Prepaid Expenses fy 19/20 715 $                      (480.69) $                                   ‐ Subtotal $                   (6,038.64) $                       ‐ $                                  ‐ $                              ‐ $         (6,038.64) TOTAL Nonspendable Funds $           (1,497,655.52) $                       ‐ $                                  ‐ $                              ‐ $  (1,497,655.52) Description FUND Gen'l Gov't Public Protection Public Ways & Facilities Rec & Culture GL TOTAL RESTRICTED ‐ 2460
General Fund
Revenue Reserve 100 $           (1,144,000.00)
Employee Benefit Reserve 100 $              (250,000.00) Capital Improvement Reserve 100 $              (100,000.00) Vehicle and Equipment Replacement Reserve 100 $              (150,000.00) Litigation Reserve 100 $              (120,000.00)
Community Fund Reserve 100 $                (28,000.00) Parking in Lieu Fees 100 $                   (166,556.50) Asset Forfeiture Funds 100 $         (14,588.21)
Drug Forefeiture Awareness 100 $                       ‐ AB109 100 $         (17,328.04)
CLETEP  Grant 100 $                       ‐
CLEEP Grant 100 $                       ‐
Subtotal $           (1,792,000.00) $         (31,916.25) $                   (166,556.50) $                              ‐ $  (1,990,472.75) Special Funds
AB1600 200 $              (135,211.72)
P&R Quimby 201 $                   (3,838.83)
HBP Grant 209
Gas Tax 210 $                   (364,757.60)
RSTP/STIP Streets and Roads 212 $                     (34,000.00) Local Ped & Bike 213 $                     (86,000.00)
Traffic Relief 216 $                     (11,038.91)
Regional Traffic Mitigation 217 $                          (107.27) FEMA 218 $                     (15,962.27)
PSPS GRANT 222 $                     (37,705.66)
Little Deer Creek (grant funds) 227 $                    6,106.83 Brownsfield '10 Grant 229 $                   (8,208.13) Tax ‐ Fire Department 230 $         (35,362.95)
2003 Tax ‐ Fire Deparment 231 $         (68,052.60)
CDBG Enterprise 250
CABY Nevada City 265
CABY Misc. Agency 266
SLESF 273 $       (100,526.46)
Measure "L" Tax 280 $                      (682.06)
Measure "C" Tax 285 $       (450,035.85)
Measure "S" Tax 715 $                   (633,408.34)
Subtotal $              (135,893.78) $       (653,977.86) $               (1,182,980.05) $                   (5,940.13) $  (1,978,791.82) Enterprise Funds
AB 1600 ‐ Water 614 $                     (51,654.07)
AB 1600 ‐ Sewer 654 $                     (33,370.23)
Becker $                              ‐ $                       ‐ $                     (85,024.30) $       (85,024.30) TOTAL 2460 Restricted Funds $           (1,927,893.78) $       (685,894.11) $               (1,434,560.85) $                   (5,940.13) $  (4,054,288.87) Description FUND Gen'l Gov't Public Protection Public Ways & Facilities Rec & Culture GL TOTAL COMMITTED ‐ 2470
General Fund
Workers Comp Reimbursed Funds FY 08/09 100 (40,870.00) $ Workers Comp Reimbursed Funds FY 09/10 100 (41,069.00) $ PARSAC MOU Required Committed Fund Balance 100 (75,000.00) $ Police Dept. FY 13/14 100 $                   (2,000.00) Tree Mitigation funds (closure of fund 107) 100 $                       (8,402.00) City of Nevada City Schedule Reserve Fund Balances 22/23 City of Nevada City Fiscal Year 2022-2023 Proposed Budget 74 10% Parking Meter Funds 100 $                     (80,111.26) Subtotal $              (158,939.00) $                       ‐ $                     (88,513.26) $                              ‐ $     (247,452.26) Special Funds
NC Rec/Quimby 241
Prop 172 271 $         (53,019.08)
Prop 172 272
Subtotal $                              ‐ $         (53,019.08) $                                   ‐ $                              ‐ $       (53,019.08) TOTAL 2470 Committed Funds $              (158,939.00) $         (53,019.08) $                     (88,513.26) $                              ‐ $     (300,471.34) Description FUND Gen'l Gov't Public Protection Public Ways & Facilities Rec & Culture GL TOTAL ASSIGNED ‐ 2480
General Fund
Petty Cash 100 $                      (900.00)
Strike Team funds FY 12/13 100 $         (20,505.83)
Subtotal $                      (900.00) $         (20,505.83) $                                   ‐ $                              ‐ $       (21,405.83) Special Funds
Parks & Rec Raffle ‐ Seamans Lodge 205 $                       (3,202.93) Indian Trails 220 $                 (46,144.98)
Mathivet 272 $         (11,790.09)
Becker 770 $                 (18,996.35)
Constitution 710 $                   (2,400.98)
Subtotal $                              ‐ $         (11,790.09) $                       (3,202.93) $                 (67,542.31) $       (82,535.33) Total  2480 Assigned Funds $                      (900.00) $         (32,295.92) $                       (3,202.93) $                (67,542.31) $     (103,941.16) Description FUND Gen'l Gov't Public Protection Public Ways & Facilities Rec & Culture GL TOTAL

UNASSIGNED
General Fund
Total  Unassigned Funds 100 $           (1,000,000.00) $                       ‐ $                                  ‐ $                              ‐ $  (1,000,000.00) TOTAL ALL FUNDS 100 $           (4,585,388.30) $       (771,209.11) $               (1,526,277.04) $                (73,482.44) $  (6,956,356.89) City of Nevada City Fiscal Year 2022-2023 Proposed Budget 75

APPENDIX A
Budget and Financial Policy
City of Nevada City

PROPOSED ANNUAL BUDGET
Fiscal Year 2022-23
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 76 Budget and Financial Policy
To set forth and maintain sound fiscal policy assuring conservative and consistent protocol in developing the City's budget and use of funds, the city Council has adopted a set of financial policies. These policies will be reviewed annually as part of the budget process and amended as necessary to reflect the City's fiscal soundness.

OBJECTIVES

1. The City's financial activity will be set forth in an annual budget presenting a fair and fully disclosed financial representation of the city in conformity with generally accepted accounting principles.

2. The City Manager will present the annual budget and periodic financial information to the City Council to include the following information based on conservative but reasonable revenue estimates:
● actual revenues, expenditures, reserve balances and fund balances for the prior fiscal year;
● estimated revenues, expenditures, reserve balances and fund balances for the next fiscal year;
● projected revenues, expenditures, reserve balances and fund balances for the next fiscal year;
● will work toward producing a long-range financial plan that will include a 10-year Capital Improvement Program and, when possible, multi-year revenue and expenditure forecasting; and
● a General Fund Revenue Reserve for contingencies equal to approximately 5% of the General Fund budget, or at minimum approximately $275,000.

3. The City Manager will provide the City Council with a mid-year review of the city's financial activities. The review will be presented in February and compare annual budget projections with actual results.

4. Major capital improvement projects will be funded using the most financially prudent method available including:
● traditional long-term financing (bond issues);
● "pay-as-you-go" financing (using impact fees, allocated reserves, grants, general funds, Measures C, F, M, S, special fire tax, etc.);
● combination of debt financing and "pay-as-you-go" financing; ● using cash accumulated in excess of policy requirements.

City of Nevada City Fiscal Year 2022-2023 Proposed Budget 77

5. The city will maintain reserve funds to:
● stabilize the city's fiscal base for anticipated fluctuations in revenues and expenditures; ● provide for nonrecurring, unanticipated expenditures; and ● provide for innovative opportunities for the betterment of the community.

The following reserve accounts will be established within the General Fund:
● Revenue Reserve-The purpose of this reserve is to recognize predictable future reductions in city revenues such as property, sales and transient occupancy taxes and other funds including the COPS grant and reimbursable mandated costs as well as to protect the General Fund against unpredictable fluctuations in major revenues. This reserve will maintain funding levels to allow for normal revenue growth to replace reduced revenues. The target reserve over time is 100% of total General Fund expenditures.
● Employee Benefit Reserve-The purpose of this reserve is to maintain appropriate reserves to cover compensated absences and other employee benefit liabilities and to meet statutory requirements and actuarially projected needs. ● Capital Improvement Reserve-The purpose of this reserve is to augment other available funds (impact fees, grants, enterprise funds, etc.) for capital projects. ● Vehicle and Equipment Replacement Reserve-This reserve will enable the city to replace existing vehicles either on an as needed basis or on a replacement schedule.

New equipment can also be funded from this reserve.
● Litigation Reserve-The purpose of this reserve is to provide funds for litigation that the city may be faced with from time to time. This reserve will include at a minimum a Risk Management Reserve equal to what is indicated on the city's loss report for claims not covered by CIRA (California Intergovernmental Risk Authority), the city's risk management joint powers authority plus an additional margin for contingency. ● Community Fund Reserve-The purpose of this fund will be to take advantage of opportunities that avail themselves to the city that would result in the betterment of the community (i.e., sponsorship of events and/or other activities).

General Fund revenues remaining at the end of the city's fiscal year, unless encumbered, will be allocated to these reserves by the City Council based on recommendations of the city manager.

6. Annual General Fund operating expenditures shall not exceed projected available annual revenues unless 1) there is projected to be at least $150,000 in the Litigation Reserve and approximately 5% of the General Fund budget in the Revenue Reserve at year-end; or 2) the city must use reserves for its intended purposes which can include for emergency purposes City of Nevada City Fiscal Year 2022-2023 Proposed Budget 78 (i.e., pandemic, flooding, wildfire and others for which there is no funding). If reserves are reduced because they are used for the intended purposes, then the city manager shall present a plan to the ty Council to restore the reserves. This approach will be implemented starting with the FY 2022- 2023 fiscal year budget.

7. Appropriations of fiscal resources are the responsibility of the City Council and the City Manager.

Appropriations requiring City Council action are:
● appropriation of reserves, except replacement reserves; ● transfers between funds;
● appropriations of any unassigned revenues; and
● inter-fund loans.

Appropriations requiring City Manager action are:
● transfers within a fund or department;
● appropriation of replacement reserves; and
● appropriation of unbudgeted assigned revenues.

8. A fiscal impact statement will be provided in each staff report submitted to the City Council as part of the City Council agenda process.

9. The city will strive to pay competitive market level compensation to its employees.

10. The City's investment policy will be reviewed annually as part of the budget process.

11. The City will review sewer and water rates every five years to assure rates are covering cost of providing service as well as to meet Federal and/or State mandates and to provide sufficient funds for necessary capital projects including being able to leverage for grant funds.

City of Nevada City Fiscal Year 2022-2023 Proposed Budget 79

APPENDIX B
Appropriations Limit
City of Nevada City

PROPOSED ANNUAL BUDGET
Fiscal Year 2022-23
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 80 CALCULATION OF 2022-2023 APPROPRIATIONS LIMIT
A. 2021-2022 Appropriations Limit $ 5,447,734.51
B. Adjustment Factors:

1. Per Capita Cost of Living Change (7.55%) 1.0755

2. Nevada City Population (-1.54%) 0.9846

1.0589373 (B1*B2)
Total Adjustment % 0.0589373 (B1*B2-1)
C. Annual Adjustment $ 321,074.76 (A*B)
D. 2021-2022 Appropriations Limit $ 5,768,809.28
2021-2022 ESTIMATED TAX PROCEEDS SUBJECT TO APPROPRIATIONS LIMIT FY 21/22 Tax Revenues:

Sales Tax (includes in-lieu sales tax) x $ 1,246,000.00 Property Tax $ 1,509,000.00
Motor Vehicle License Fees (vehicle fees in lieu of prop. Tax) $ 32,400.00 Room Tax $ 464,000.00
Other Tax (includes cannabis excise tax) $ 700,000.00
Total Tax Revenues Subject to Limit $ 3,951,400.00
2021-2022 ESTIMATED EXPENDITURES EXEMPT FROM APPROPRIATIONS LIMIT Expenditures:

Social Security Payments GF 199,568.00 $
Capital Outlay GF 187,100.00
Debt Service GF 411,549.00 $
Total Expenditures Exempt from Limit 798,217.00 $
2021-2022 APPROPRIATIONS SUBJECT TO LIMIT $ 3,153,183.00 2021-2022 Estimated Leeway $ 2,615,626.28

CITY OF NEVADA CITY

CALCULATION OF APPROPRIATIONS LIMIT
2022-2023 SUMMARY
City of Nevada City Fiscal Year 2022-2023 Proposed Budget 81 RESOLUTION NO. 2022-46

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY ADOPTING THE FISCAL YEAR 2022-2023 BUDGET
WHEREAS, the city annually adopts its annual budget for the period July 1 through June 30 of each year; and
WHEREAS, the City of Nevada City Fiscal Year 2021-2022 Budget was adopted on January 26, 2022 by City Council Resolution 2022-06; and WHEREAS, the City Council held a special meeting on June 1, 2022 on the proposed annual budget for fiscal year 2022-2023 and provided opportunity for public input; and WHEREAS, direction was provided to incorporated several amendments to the draft budget that have been included in the attached document; and WHEREAS, the City Council reviewed the proposed budget at a duly Noticed Public Hearing on June 22, 2022 and received public input;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nevada City that the document titled “City of Nevada City Fiscal Year 2022-2023 Budget” is hereby adopted.

PASSED AND ADOPTED this 22nd day of June 2022 by the following vote:

AYES:

NOES:

ABSENT;
ABSTAIN:
________________________________
Duane Strawser
Mayor
ATTEST:
_______________________________
Niel Locke
City Clerk
RESOLUTION NO. 2022-47

A RESOLUTON OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY ADOPTING THE FISCAL YEAR 2022-2023 CITYWIDE CLASSIFICATION AND

COMPENSATION PLAN
WHEREAS, the City of Nevada City employees are compensated based on a five-step hourly rate plan; and
WHEREAS, the City Council of the City of Nevada City adopted Resolution 2022-26 on April 27, 2022 establishing the City Master Compensation Schedule; and WHEREAS, the City Master Compensation Schedule has been updated to reflect raises effective July 1, 2022 with the updated schedule included as Appendix A; and WHEREAS, on June 8, 2022 the City Council of the City of Nevada City adopted Resolution 2022-29 updating the Position Monthly Compensation Ranges; and WHEREAS, the City Position Monthly Compensation Range has been updated to reflect raises effective July 1, 2022 with the updated range included as Appendix B; and WHEREAS, the City desires to adopt a master compensation schedule and position monthly compensation ranges to align with the fiscal year 2022-2023 budget collectively as the Fiscal Year 2022-2023 Citywide Classification and Compensation Plan; and NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Nevada City that the Citywide Classification and Compensation Plan including the attached hereto and made a part hereof by reference as though fully set forth herein is adopted.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Nevada City on the 22nd day June 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Duane Strawser, Mayor
ATTEST:
___________________________________
Niel Locke, City Clerk
City of Nevada City
Salary Range WorksheetEffective July 1, 2022 (6% contract raise) Hourly Monthly Annual
Range Step Step Step Step Step Step Step Step Step Step Step Step Step Step Step

ABCDE A B C D E A B C D E
1 14.84 15.58 16.36 17.18 18.04 2572.27 2700.88 2835.92 2977.72 3126.61 30867.20 32410.56 34031.09 35732.64 37519.272 15.21 15.97 16.77 17.61 18.49 2636.57 2768.40 2906.82 3052.16 3204.77 31638.88 33220.82 34881.87 36625.96 38457.263 15.59 16.37 17.19 18.05 18.95 2702.72 2837.85 2979.75 3128.73 3285.17 32432.61 34054.24 35756.95 37544.80 39422.044 16.75 17.59 18.46 19.39 20.36 2902.99 3048.14 3200.54 3360.57 3528.60 34835.84 36577.63 38406.51 40326.84 42343.185 16.39 17.21 18.07 18.97 19.92 2840.52 2982.54 3131.67 3288.25 3452.67 34086.21 35790.52 37580.04 39459.05 41432.006 16.80 17.64 18.52 19.45 20.42 2912.17 3057.78 3210.67 3371.20 3539.76 34946.08 36693.38 38528.05 40454.46 42477.187 17.23 18.09 18.99 19.94 20.94 2985.67 3134.95 3291.70 3456.28 3629.10 35828.00 37619.40 39500.37 41475.39 43549.168 17.66 18.54 19.47 20.44 21.47 3061.00 3214.05 3374.75 3543.49 3720.66 36731.97 38568.57 40496.99 42521.84 44647.949 18.10 19.01 19.96 20.95 22.00 3137.52 3294.40 3459.12 3632.07 3813.68 37650.27 39532.78 41509.42 43584.89 45764.14 10 18.55 19.48 20.46 21.48 22.55 3215.96 3376.76 3545.60 3722.88 3909.02 38591.52 40521.10 42547.16 44674.51 46908.2411 19.02 19.97 20.97 22.02 23.12 3296.36 3461.18 3634.24 3815.95 4006.75 39556.31 41534.13 43610.83 45791.38 48080.9412 19.49 20.47 21.49 22.57 23.69 3378.77 3547.71 3725.09 3911.35 4106.91 40545.22 42572.48 44701.10 46936.16 49282.9713 19.98 20.98 22.03 23.13 24.29 3463.24 3636.40 3818.22 4009.13 4209.59 41558.85 43636.79 45818.63 48109.56 50515.0414 20.48 21.50 22.58 23.71 24.89 3549.82 3727.31 3913.67 4109.36 4314.83 42597.82 44727.71 46964.10 49312.30 51777.9215 20.99 22.04 23.14 24.30 25.52 3638.56 3820.49 4011.52 4212.09 4422.70 43662.77 45845.91 48138.20 50545.11 53072.3716 21.52 22.59 23.72 24.91 26.15 3729.53 3916.00 4111.80 4317.39 4533.26 44754.34 46992.05 49341.66 51808.74 54399.1817 22.05 23.16 24.31 25.53 26.81 3822.77 4013.90 4214.60 4425.33 4646.60 45873.19 48166.85 50575.20 53103.96 55759.1518 22.61 23.74 24.92 26.17 27.48 3918.34 4114.25 4319.96 4535.96 4762.76 47020.02 49371.03 51839.58 54431.56 57153.1319 23.17 24.33 25.55 26.82 28.16 4016.29 4217.11 4427.96 4649.36 4881.83 48195.53 50605.30 53135.57 55792.34 58581.9620 23.75 24.94 26.18 27.49 28.87 4116.70 4322.54 4538.66 4765.60 5003.88 49400.41 51870.43 54463.96 57187.15 60046.5121 24.34 25.56 26.84 28.18 29.59 4219.62 4430.60 4652.13 4884.74 5128.97 50635.42 53167.19 55825.55 58616.83 61547.6722 24.95 26.20 27.51 28.89 30.33 4325.11 4541.36 4768.43 5006.85 5257.20 51901.31 54496.37 57221.19 60082.25 63086.3723 25.58 26.86 28.20 29.61 31.09 4433.24 4654.90 4887.64 5132.03 5388.63 53198.84 55858.78 58651.72 61584.31 64663.5224 26.22 27.53 28.90 30.35 31.87 4544.07 4771.27 5009.83 5260.33 5523.34 54528.81 57255.25 60118.02 63123.92 66280.1125 26.87 28.21 29.63 31.11 32.66 4657.67 4890.55 5135.08 5391.83 5661.43 55892.03 58686.63 61620.97 64702.02 67937.1226 27.54 28.92 30.37 31.88 33.48 4774.11 5012.82 5263.46 5526.63 5802.96 57289.33 60153.80 63161.49 66319.57 69635.5427 28.23 29.64 31.13 32.68 34.32 4893.46 5138.14 5395.04 5664.80 5948.04 58721.57 61657.65 64740.53 67977.55 71376.4328 28.94 30.38 31.90 33.50 35.17 5015.80 5266.59 5529.92 5806.42 6096.74 60189.61 63199.09 66359.04 69676.99 73160.8429 29.66 31.14 32.70 34.34 36.05 5141.20 5398.26 5668.17 5951.58 6249.16 61694.35 64779.06 68018.02 71418.92 74989.8630 30.40 31.92 33.52 35.19 36.95 5269.73 5533.21 5809.87 6100.37 6405.38 63236.71 66398.54 69718.47 73204.39 76864.6131 31.16 32.72 34.36 36.07 37.88 5401.47 5671.54 5955.12 6252.88 6565.52 64817.62 68058.50 71461.43 75034.50 78786.23 32 31.94 33.54 35.22 36.98 38.82 5536.51 5813.33 6104.00 6409.20 6729.66 66438.06 69759.97 73247.97 76910.36 80755.88 33 32.74 34.38 36.10 37.90 39.80 5674.92 5958.66 6256.60 6569.43 6897.90 68099.02 71503.97 75079.16 78833.12 82774.7834 33.56 35.24 37.00 38.85 40.79 5816.79 6107.63 6413.01 6733.66 7070.35 69801.49 73291.57 76956.14 80803.95 84844.1535 34.40 36.12 37.92 39.82 41.81 5962.21 6260.32 6573.34 6902.00 7247.10 71546.53 75123.85 78880.05 82824.05 86965.2536 35.26 37.02 38.87 40.81 42.86 6111.27 6416.83 6737.67 7074.55 7428.28 73335.19 77001.95 80852.05 84894.65 89139.3837 36.14 37.95 39.84 41.84 43.93 6264.05 6577.25 6906.11 7251.42 7613.99 75168.57 78927.00 82873.35 87017.02 91367.8738 37.04 38.89 40.84 42.88 45.03 6420.65 6741.68 7078.77 7432.70 7804.34 77047.79 80900.17 84945.18 89192.44 93652.0639 37.97 39.87 41.86 43.95 46.15 6581.16 6910.22 7255.73 7618.52 7999.45 78973.98 82922.68 87068.81 91422.25 95993.3740 38.92 40.86 42.91 45.05 47.30 6745.69 7082.98 7437.13 7808.98 8199.43 80948.33 84995.75 89245.53 93707.81 98393.2041 39.89 41.88 43.98 46.18 48.49 6914.34 7260.05 7623.06 8004.21 8404.42 82972.04 87120.64 91476.67 96050.50 100853.0342 40.89 42.93 45.08 47.33 49.70 7087.19 7441.55 7813.63 8204.31 8614.53 85046.34 89298.66 93763.59 98451.77 103374.3643 41.91 44.01 46.21 48.52 50.94 7264.37 7627.59 8008.97 8409.42 8829.89 87172.50 91531.12 96107.68 100913.06 105958.7144 42.96 45.11 47.36 49.73 52.22 7445.98 7818.28 8209.20 8619.66 9050.64 89351.81 93819.40 98510.37 103435.89 108607.6845 44.03 46.23 48.54 50.97 53.52 7632.13 8013.74 8414.43 8835.15 9276.91 91585.60 96164.88 100973.13 106021.79 111322.8746 45.13 47.39 49.76 52.25 54.86 7822.94 8214.08 8624.79 9056.03 9508.83 93875.24 98569.01 103497.46 108672.33 114105.9547 46.26 48.57 51.00 53.55 56.23 8018.51 8419.44 8840.41 9282.43 9746.55 96222.13 101033.23 106084.89 111389.14 116958.6048 47.42 49.79 52.28 54.89 57.64 8218.97 8629.92 9061.42 9514.49 9990.21 98627.68 103559.06 108737.02 114173.87 119882.5649 48.60 51.03 53.58 56.26 59.08 8424.45 8845.67 9287.95 9752.35 10239.97 101093.37 106148.04 111455.44 117028.21 122879.6250 49.82 52.31 54.92 57.67 60.55 8635.06 9066.81 9520.15 9996.16 10495.97 103620.71 108801.74 114241.83 119953.92 125951.6151 51.06 53.62 56.30 59.11 62.07 8850.94 9293.48 9758.16 10246.06 10758.37 106211.22 111521.78 117097.87 122952.77 129100.4152 52.34 54.96 57.70 60.59 63.62 9072.21 9525.82 10002.11 10502.22 11027.33 108866.50 114309.83 120025.32 126026.59 132327.9253 53.65 56.33 59.15 62.10 65.21 9299.01 9763.96 10252.16 10764.77 11303.01 111588.17 117167.57 123025.95 129177.25 135636.1154 54.99 57.74 60.63 63.66 66.84 9531.49 10008.06 10508.47 11033.89 11585.58 114377.87 120096.76 126101.60 132406.68 139027.0255 56.36 59.18 62.14 65.25 68.51 9769.78 10258.27 10771.18 11309.74 11875.22 117237.32 123099.18 129254.14 135716.85 142502.6956 57.77 60.66 63.69 66.88 70.22 10014.02 10514.72 11040.46 11592.48 12172.10 120168.25 126176.66 132485.50 139109.77 146065.2657 59.22 62.18 65.29 68.55 71.98 10264.37 10777.59 11316.47 11882.29 12476.41 123172.46 129331.08 135797.63 142587.51 149716.8958 60.70 63.73 66.92 70.27 73.78 10520.98 11047.03 11599.38 12179.35 12788.32 126251.77 132564.36 139192.57 146152.20 153459.8159 62.22 65.33 68.59 72.02 75.62 10784.01 11323.21 11889.37 12483.83 13108.03 129408.06 135878.46 142672.39 149806.01 157296.3160 63.77 66.96 70.31 73.82 77.51 11053.61 11606.29 12186.60 12795.93 13435.73 132643.26 139275.43 146239.20 153551.16 161228.7261 65.37 68.63 72.06 75.67 79.45 11329.95 11896.44 12491.26 13115.83 13771.62 135959.34 142757.31 149895.18 157389.94 165259.4362 67.00 70.35 73.87 77.56 81.44 11613.19 12193.85 12803.55 13443.72 14115.91 139358.33 146326.24 153642.56 161324.68 169390.9263 68.67 72.11 75.71 79.50 83.47 11903.52 12498.70 13123.64 13779.82 14468.81 142842.29 149984.40 157483.62 165357.80 173625.6964 70.39 73.91 77.61 81.49 85.56 12201.11 12811.17 13451.73 14124.31 14830.53 146413.34 153734.01 161420.71 169491.75 177966.3365 72.15 75.76 79.55 83.52 87.70 12506.14 13131.45 13788.02 14477.42 15201.29 150073.68 157577.36 165456.23 173729.04 182415.4966 73.95 77.65 81.53 85.61 89.89 12818.79 13459.73 14132.72 14839.36 15581.32 153825.52 161516.80 169592.64 178072.27 186975.8867 75.80 79.59 83.57 87.75 92.14 13139.26 13796.23 14486.04 15210.34 15970.86 157671.16 165554.72 173832.45 182524.07 191650.2868 77.70 81.58 85.66 89.95 94.44 13467.74 14141.13 14848.19 15590.60 16370.13 161612.94 169693.58 178178.26 187087.18 196441.53 69 79.64 83.62 87.80 92.19 96.80 13804.44 14494.66 15219.39 15980.36 16779.38 165653.26 173935.92 182632.72 191764.35 201352.57 70 81.63 85.71 90.00 94.50 99.22 14149.55 14857.03 15599.88 16379.87 17198.87 169794.59 178284.32 187198.54 196558.46 206386.39 City of Nevada City
Position Monthly Compensation Rate
Effective July 1, 2022
Position Range Step A Step B Step C Step D Step E
Elected Positions
City Council N/A
City Clerk N/A
City Treasurer N/A
Non-Exempt Personnel
Accounting Technician 21 4219.62 4430.60 4652.13 4884.73 5128.97 Community Services Officer / Code Enforcement 15 3638.57 3820.49 4011.52 4212.09 4422.70 Customer Service Representative 18 3918.33 4114.25 4319.97 4535.96 4762.76 Maintenance Worker I 9 3137.53 3294.40 3459.12 3632.08 3813.68 Maintenance Worker II 17 3822.76 4013.90 4214.60 4425.33 4646.59 Parking Enforcement * 10 18.55 19.48 20.46 21.48 22.56
Police Officer 28 5015.80 5266.59 5529.92 5806.42 6096.74 Police Sergeant 34 5816.79 6107.64 6413.01 6733.66 7070.35 Records Clerk 16 3729.53 3916.00 4111.80 4317.39 4533.26 Public Works Superintendent 33 5674.92 5958.66 6256.60 6569.42 6897.90 Wastewater/Water Operator-In-Training (OIT) 25 4657.67 4890.55 5135.09 5391.84 5661.43 Wastewater/Water Operator II 30 5269.73 5533.21 5809.87 6100.36 6405.39 Exempt Personnel
Administrative Services Manager / Deputy City Clerk 34 5816.79 6107.64 6424.14 6733.66 7070.35 Chief Plant Operator 42 7087.19 7441.55 7813.63 8204.32 8614.52 City Planner 40 6745.69 7082.98 7.016.16 7808.99 7987.43 Division Fire Chief 48 8218.98 8629.93 9061.42 9514.49 9990.21 Parks/Recreation Manager 29 5140.86 5398.09 5668.17 5951.12 6248.77 Contract Personnel
City Manager Contract 13691.81
Police Chief Contract 11483.33
Chief Financial Officer Contract 7999.75
City Engineer (hourly rate) 52 52.35 54.96 57.71 60.59 63.62 RESOLUTION NO. 2022-48

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY ADOPTING THE FISCAL YEAR 2022-2023 CITYWIDE MASTER FEE SCHEDULE WHEREAS, the City Council held a special meeting on June 1, 2022 on the proposed annual budget for fiscal year 2022-2023, including an updated Citywide Master Fee Schedule, and provided opportunity for public input; and
WHEREAS, the City Council held a regular meeting on June 8, 2022 which included a review of the draft Citywide Master Fee Schedule and provided direction to implement the Citywide Master Fee Schedule with the Fiscal Year 2022-2023 Budget at the public hearing scheduled from June 22, 2022; and WHEREAS, the fees set forth in Exhibit A represent the Citywide Master Fee Schedule for all City departments and programs and are reasonable and accurate estimates of the costs to the City of Nevada City for providing the services listed (attached hereto).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nevada City as follows:

1. All previous resolutions which are in conflict with the terms of this Resolution are hereby repealed.

2. The Fiscal Year 2022-2023 Citywide Master Fee Schedule is adopted and directed to be implemented effective July 1, 2022.

PASSED AND ADOPTED at a regular scheduled meeting of the City Council held on this 22nd day of June, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Duane Strawser, Mayor
ATTEST:
____________________________
Niel Locke, City Clerk

NEVADA CITY

CITYWIDE MASTER FEE

SCHEDULE FISCAL YEAR
2022-23
Effective
JULY 1, 2022
City of Nevada City Fees by Category
• General Administration
• Transient Occupancy Tax (TOT)
• Business License
• Cannabis Tax
• Animal Control
• City Hall Facility Use
• Planning and Engineering
• AB1600 (Development Impact Fees)
• Fire Department
• Parks and Recreation
• Police Department
• Parking and Vehicle Code Fines and Fees (Bail Schedule) • Water / Wastewater Fees and Rates
City of Nevada City Citywide Master Fee Schedule Fiscal Year 2022-23 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 2017-15Photocopy / 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 ResolutionCertification of documents New $9.00 per page 2022 ResolutionStandard Appeal Fee of Staff Decision to the City Council (refunded if appelant prevails) $300 $345 Resolution 2017-15Returned Check Fee $25 $25 Resolution 2017-15Hang a Banner Over Zion Street $25 $25 Resolution 2017-85Real Property Transfer Tax $0.275 per $500 transaction $0.275 per $500 transaction Ordinance 334 / 3.16.020Franchise Fees Per individual contract Per individual contract Ordinance 2017-01 / 5.28.010Transient 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 / 3.24.035Transient Occupant Tax Short Term Rental 10% of the rent charged 10% of the rent charged Ordinance 2015-11 / 5.04.130Business 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 / 17.77.081Business 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 / 17.77.081Business 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 / 17.77.081Business 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 / 10.50.200Tobacco Retailer's License $100 annually $115 annually Ordinance 2006-03 / 5.32.080 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 / 5.06.040Cannabis 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 / 5.06.040Cannabis Cultivation canopy space in a facility that uses no artificial lighting $1 per square foot annuallly $1 per square foot annuallly Ordinance 2018-11 / 5.06.040Cannabis Cultivation canopy space in a nursery $0.50 per square foot annually $0.50 per square foot annually Ordinance 2018-11 / 5.06.040Cannabis Business Tax laboratory testing 2% of gross receipts 2% of gross receipts Ordinance 2018-11 / 5.06.040Cannabis 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 Citywide Master Fee Schedule Fiscal Year 2022-23 2 Animal Control
Item Current Rate Proposed Rate Authorization
Animal Control Capture Actual Cost of Capture Actual Cost of Capture Ordinance 92-10 / 6.12.030Animal License Fee - Dog (spayed or neutered) $4 every 2 years $28 every 2 years Ordinance 92-10 / 6.16.020Animal License Fee - Dog (unaltered) $4 every 2 years $56 every 2 years Ordinance 92-10 / 6.16.020Animal License Fee - Replacement Dog Tag Not set $5 Ordinance 92-10 / 6.16.090Kennel 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 ResolutionCity Hall Facility Use Item Current Rate Proposed Rate Authorization
Council Chambers Rental 4-Hours New $100 2022 ResolutionCouncil Chamber Rental Cleaning Deposit $100 $100 Resolution 2017-15Set-Up One Day Prior to Event Fee $25 $25 Resolution 2017-15Clean-Up One Day After Event $25 $25 Resolution 2017-15Cleaning Fee for Facility Left Unclean $30 per hour, loss of deposit Actual Cost, minimum $100 Resolution 2017-15City Hall Lost Key $100 $100 Resolution 2017-15 City of Nevada City Citywide Master Fee Schedule Fiscal Year 2022-23 3 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 Citywide Master Fee Schedule Fiscal Year 2022-23 4 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 Citywide Master Fee Schedule Fiscal Year 2022-23 5 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 Citywide Master Fee Schedule Fiscal Year 2022-23 6 Fire Department
Fee Activity Current Rate Proposed Rate Authorization
Standard Inspection $93 hourly $95 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 Citywide Master Fee Schedule Fiscal Year 2022-23 7 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 Citywide Master Fee Schedule Fiscal Year 2022-23 8 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 Citywide Master Fee Schedule Fiscal Year 2022-23 9 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 Citywide Master Fee Schedule Fiscal Year 2022-23 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 Citywide Master Fee Schedule Fiscal Year 2022-23 11 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 Citywide Master Fee Schedule Fiscal Year 2022-23 12 Water Delivery Rates
Item Current Rate Proposed Rate Authorization
Water Flat Fee 5/8" Connection $24 monthly $24 monthly Ordinance 79-2 / 13.04.040Water Flat Fee 3/4" Connection $35 monthly $35 monthly Ordinance 79-2 / 13.04.041Water Flat Fee 1" Connection $59 monthly $59 monthly Ordinance 79-2 / 13.04.042Water Flat Fee 2" Connection $194 monthly $194 monthly Ordinance 79-2 / 13.04.043Water Flow Fee Per 1,000 Gallons First 8,000 Gallons $2.39 monthly $2.39 monthly Ordinance 79-2 / 13.04.044Water Flow Fee Per 1,000 Gallons After 8,000 Gallons $3.10 monthly $3.10 monthly Ordinance 79-2 / 13.04.045Water Fees Item Current Rate Proposed Rate Authorization
Water Installation new Actual Cost Actual Cost Ordinance 89-3 / 13.04.180Water Connection Fee 5/8" $1,000 $1,000 Resolution 85-16 / 13.04.180Water Connection Fee 3/4" $1,400 $1,400 Resolution 85-16 / 13.04.180Water Connection Fee 1" $2,115 $2,115 Resolution 85-16 / 13.04.180Water Connection Fee 1 1/2" $4,365 $4,365 Resolution 85-16 / 13.04.180Water Connection Fee 2" $7,560 $7,560 Resolution 85-16 / 13.04.180Water Connection Fee Multi-Family First Unit 5/8" $1,000 $1,000 Resolution 85-16 / 13.04.180Water Connection Fee Multi-Family Each Additional Unit 5/8" $750 $750 Resolution 85-16 / 13.04.180Water Connection Fee Multi-Family First Unit 3/4" $1,065 $1,065 Resolution 85-16 / 13.04.180Water Connection Fee Multi-Family Each Additional Unit 3/4" $750 $750 Resolution 85-16 / 13.04.180Water Connection Fee Multi-Family First Unit 1" $1,075 $1,075 Resolution 85-16 / 13.04.180Water Connection Fee Multi-Family Each Additional Unit 1" $750 $750 Resolution 85-16 / 13.04.180Water Connection Fee Multi-Family First Unit 1 1/2" $1,550 $1,550 Resolution 85-16 / 13.04.180Water Connection Fee Multi-Family Each Additional Unit 1 1/2" $750 $750 Resolution 85-16 / 13.04.180Water Connection Fee Multi-Family First Unit 2" $2,000 $2,000 Resolution 85-16 / 13.04.180Water Connection Fee Multi-Family Each Additional Unit 2" $750 $750 Resolution 85-16 / 13.04.180Connection for Private Fire Protection (in addtion to water connection) $250 $250 Resolution 85-16 / 13.04.180Private Fire Protection Monthly Standby Fee Meter Size 2" $7.50 $7.50 Resolution 85-16 / 13.04.180Private Fire Protection Monthly Standby Fee Meter Size 3" $25 $25 Resolution 85-16 / 13.04.180Private Fire Protection Monthly Standby Fee Meter Size 4" $26.25 $26.25 Resolution 85-16 / 13.04.180Private Fire Protection Monthly Standby Fee Meter Size 6" $30 $30 Resolution 85-16 / 13.04.180Private Fire Protection Monthly Standby Fee Meter Size 8" $37 $37 Resolution 85-16 / 13.04.180Private Fire Protection Monthly Standby Fee Meter Size 10" $47 $47 Resolution 85-16 / 13.04.180 City of Nevada City Citywide Master Fee Schedule Fiscal Year 2022-23 13 Utility Billing Late Fee $10 $25 Resolution 2022
Utility Billing Door Tag $25 $30 Resolution 2022
Utility Billing Reconnection $25 $50 Resolution 2022Wastewater (Sewer) Collection Rates Item Current Rate Proposed Rate Authorization
Wastewater Fixed Fee January 1, 2022 monthly $54.70 monthly $54.70 monthly Resolution 2018-74Wastewater Fixed Fee January 1, 2023 monthly $9.46 per 1,000 gallons $9.46 per 1,000 gallons Resolution 2018-74Waste Water Flow Charge January 1, 2022 $58.13 monthly $58.13 monthly Resolution 2018-74Waste Water Flow Charge January 1, 2023 $10.05 per 1,000 gallons $10.05 per 1,000 gallons Resolution 2018-74Wastewater (Sewer) Fees Item Current Rate Proposed Rate Authorization
Sewer Installation Actual Cost Actual Cost Ordinance 84-14 / 13.08.040Sewer Connection Single Family Home $1,230 $1,230 Ordinance 90-06Sewer Connection Duplex $1,900 $1,900 Ordinance 90-06Sewer Connection Apartment (includes first two units) $1,900 $1,900 Ordinance 90-06Sewer Connection Apartment Each Unit in Excess of Two $470 $470 Ordinance 90-06Sewer Connection Condominium (includes first two units) $2,215 $2,215 Ordinance 90-06Sewer Connection Condominium Each Unit in Excess of Two $630 $630 Ordinance 90-06Sewer Connection Hotel/Motel/Bed&Breakfast (includes first two units) $1,900 $1,900 Ordinance 90-06Sewer Connection Hotel/Motel/Bed&Breakfast Each Unit in Excess of Two $185 $185 Ordinance 90-06Utility Billing Late Fee $10 $25 Resolution 2022Utility Billing Door Tag $25 $30 Resolution 2022 Utility Billing Reconnection $25 $50 Resolution 2022
City of Nevada City Citywide Master Fee Schedule Fiscal Year 2022-23 14 RESOLUTION NO. 2022-49

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY CERTIFYING COMPLIANCE WITH THE 2021-2022 APPROPRIATIONS

LIMITATION AND ESTABLISHING THE APPROPRIATIONS LIMITATION FOR THE 2022-2023 FISCAL YEAR
WHEREAS, the City Council of the City of Nevada City hereby certifies that the estimated actual appropriations for the fiscal year 2021-2022 will fall within the appropriation limit for the 2021-2022 fiscal year; and
WHEREAS, the City Council must establish the appropriation limitation for the fiscal year 2022-2023, as calculated in attachment A;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nevada City that the 2021-2022 fiscal year expenditures fall within the established limitations and the limitations for the 2022-2023 fiscal year are hereby established at $5,768,809.28 PASSED AND ADOPTED this 22nd day of June 2022 by the following vote:

AYES:

NOES:

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

CITY OF NEVADA CITY

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

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

2. Nevada City Population (-.64% 0.9936

1.05053328
Total Adjustment % 0.05053328
C. Annual Adjustment $ 262,049.66
D. 2021-2022 Appropriations Limit $ 5,447,734.51
CALCULATION OF 2022-2023 APPROPRIATIONS LIMIT
A. 2021-2022 Appropriations Limit $ 5,447,734.51
B. Adjustment Factors:

1. Per Capita Cost of Living Change (7.55%) 1.0755

2. Nevada City Population (-1.54%) 0.9846

1.0589373 (B1*B2)
Total Adjustment % 0.0589373 (B1*B2-1)
C. Annual Adjustment $ 321,074.76 (A*B)
D. 2021-2022 Appropriations Limit 5,768,809.28 $
2021-2022 ESTIMATED TAX PROCEEDS SUBJECT TO APPROPRIATIONS LIMIT FY 21/22 Tax Revenues:

Sales Tax (includes in-lieu sales tax) x $ 1,246,000.00 Property Tax $ 1,509,000.00
Motor Vehicle License Fees (vehicle fees in lieu of prop. Tax) $ 32,400.00 Room Tax $ 464,000.00
Other Tax (includes cannabis excise tax) $ 700,000.00
Total Tax Revenues Subject to Limit 3,951,400.00 $
2021-2022 ESTIMATED EXPENDITURES EXEMPT FROM APPROPRIATIONS LIMIT Expenditures:

Social Security Payments GF 199,568.00 $
Capital Outlay GF 187,100.00
Debt Service GF 411,549.00 $
Total Expenditures Exempt from Limit 798,217.00 $
2021-2022 APPROPRIATIONS SUBJECT TO LIMIT $ 3,153,183.00 2021-2022 Estimated Leeway $ 2,615,626.28

CITY OF NEVADA CITY

CALCULATION OF APPROPRIATIONS LIMIT
2022-2023 SUMMARY

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: June 22, 2022 Agenda Item No. 13
Subject: Consideration of Adoption of Resolution No. 2022-50:

A Resolution of the City Council of the City of Nevada City Approving and Adopting the Comprehensive Memorandum of
Understanding with the Nevada City Police Officer’s
Association With a Term of July 1, 2022 Through June 30, 2025; and
Consideration of Adoption of Resolution No. 2022-51: A
Resolution of the City Council of the City of Nevada City Approving and Adopting the Comprehensive Memorandum of
Understanding with the Nevada City Management And
Supervisory Employee’s With a Term of July 1, 2022 Through June 30, 2025; and
Consideration of Adoption of Resolution No. 2022-52: A
Resolution of the City Council of the City of Nevada City Approving and Adopting the Comprehensive Memorandum of
Understanding with the Nevada City Miscellaneous
Employee’s Association With a Term of July 1, 2022 Through June 30, 2025
From: Sean Grayson, City Manager
Date: June 17, 2022
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Adopt the resolutions.

ISSUE STATEMENT AND DISCUSSION:

The Memorandum of Understanding (MOU) for all of the City bargaining units are set to expire on June 30, 2022. The City has recently completed negotiations with the Police Officer’s Association, Management and Supervisory Employee’s, and Miscellaneous Employee’s Association over a successor MOU agreement. The City Council adopted several core principles that guided the City’s philosophy during negotiations and the resulting three-year agreement accomplished each of stated principals:
• Employees citywide should be treated equally with respect to continued non-discipline specific benefits.
• Compensation adjustments should be fiscally prudent and within the related City Fund’s capacity to absorb.
• The City seeks to compensate employees at a rate competitive for the market and in a manner that will help the City recruit, retain, develop, and promoted talented and committed employees.

There are several items that were standardized in negotiations to apply to all represented employees including:
● Three-year contract
● Base salary raises
○ July 1, 2022 6%
○ July 1, 2023 4%
○ July 1, 2024 4%
● License/Certification pay standardized for safety and non-safety personnel at 1.25% and

2.5% with a maximum of 3.75%.
● Education incentive standardization for all employees at 2.5% for Associates, 5% for Bachelors, and 7.5% for Masters (incentive only available for degree above minimum required for each position).
● Tuition reimbursement is pooled to allow employees access to additional funds not to exceed budgeted amount for the non-police associations. ● Reopener for health, dental, and vision insurance coverage to seek expanded options for coverage and City premium cost savings without changes to the employee coverage amounts.

The Management and Miscellaneous groups had additional specific item changes including uniform adjustments, boot reimbursement increases (depending upon discipline), and increased cellphone allowance. The Police Officer’s Association had a specific item change for the Basic POST incentive of 4%. A sixth pay step available in the Police Officer’s Association is eliminated with the related compensation added to the existing longevity pay item.

The total estimated cost for the Police Officer’s Association contract in fiscal year 2022-2023, including salary and benefits, is $130,000.

The total estimated cost for the Management and Supervisory Employee contract in fiscal year 2022-2023, including salary and benefits, is $72,500.

The total estimated cost for the Miscellaneous Employee Association contract in fiscal year 2022-2023, including salary and benefits, is $115,000.

The total estimate increased cost of salaries and benefits under all of the contract in fiscal year 2022-2023 is $317,500.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The financial impacts of the adoption of the resolutions and related MOUs are reflected in the fiscal year 2022-2023 budget.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable
ATTACHMENTS:

Resolution No. 2022-50 (Police Officer’s Association) with MOU Resolution No. 2022-51 (Management and Supervisory Employee’s) with MOU Resolution No. 2022-52 (Miscellaneous Employee’s) with MOU RESOLUTION NO. 2022-50

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

APPROVING AND ADOPTING THE COMPREHENSIVE MEMORANDUM OF
UNDERSTANDING WITH THE NEVADA CIT POLICE OFFICER’S ASSOCIATION WITH A TERM OF JULY 1, 2022 THROUGH JUNE 30, 2025
WHEREAS, the Memorandum of Understanding (“MOU”) between the City of Nevada City (“City”) and the Nevada City Police Officer’s Association (“Association”) expires on June 30, 2022; and
WHEREAS, Negotiators for City and Association began the meet and confer process on May 1, 2021, and met three times before reaching a comprehensive tentative agreement (TA) on a successor MOU on June 3, 2022; and
WHEREAS, City and the Association have met and conferred in good faith and have agreed to the attached comprehensive successor MOU (Exhibit A); and WHEREAS, the terms of the successor MOU make changes to the wages and benefits for Association members in 2022, 2023, and 2024; and has a term July 1, 2022 through June 30, 2025; and
WHEREAS, the Association membership ratified the MOU set forth in Exhibit A on June 17, 2022;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nevada City that:

1. The City ratifies the agreement with the Association for a successor MOU with a term of July 1, 2022 through June 30, 2025, as set forth in Exhibit A attached and incorporated by reference.

2. The City Council authorizes the City Manager to execute the successor MOU.

3. The City Council delegates authority to the City Manager to approve formatting edits to the successor MOU.

PASSED AND ADOPTED this 22nd day of June 2022 by the following vote:

AYES:

NOES:

ABSENT;
ABSTAIN:
________________________________
Duane Strawser
Mayor
ATTEST:
_______________________________
Niel Locke
City Clerk
1 MEMORANDUM OF UNDERSTANDING

CITY OF NEVADA CITY

POLICE OFFICERS ASSOCIATION
July 1, 202217 through June 30, 20250
Table of Contents
ARTICLE 1 - RECOGNITION ............................................................................................................................ 4 ARTICLE 2 – NON-DISCRIMINATION.............................................................................................................. 4 ARTICLE 3 – TERM ......................................................................................................................................... 5 ARTICLE 4 – MANAGEMENT RIGHTS............................................................................................................. 5 ARTICLE 5 – EMPLOYEE RIGHTS .................................................................................................................... 6 ARTICLE 6- ASSOCIATION RIGHTS ................................................................................................................. 6

6.1 – Representation:................................................................................................................................ 6

6.2 – Official Representation: ................................................................................................................... 6

6.3 – Delegate Release Time:.................................................................................................................... 6 ARTICLE 7 – CONCERTED ACTIVITIES ............................................................................................................ 6

7.1 – Compliance with Agreement ........................................................................................................... 6

7.2 – No Strike........................................................................................................................................... 7

7.3 – No Lockout ....................................................................................................................................... 7

7.4 – Violation of Agreement.................................................................................................................... 7 ARTICLE 8 – SALARY ...................................................................................................................................... 7 ARTICLE 10 – LONGEVITY PAY....................................................................................................................... 7 ARTICLE 11 – EDUCATIONAL INCENTIVE PAY................................................................................................ 7 ARTICLE 12 – POST CERTIFICATES ................................................................................................................. 8 ARTICLE 13 – WORK PERIODS ....................................................................................................................... 8 Section 13.1............................................................................................................................................... 8 Section 13.2............................................................................................................................................... 8 Section 13.3............................................................................................................................................... 8 Section 13.4: ............................................................................................................................................. 8 ARTLICLE 14 – ADDITIONAL SPECIALITY PAYS............................................................................................... 8 Section 14.1 (Shift Differential):................................................................................................................ 8 Section 14.2 (Detective Pay):.................................................................................................................... 9 Section 14.3 (Field Training Officer): ........................................................................................................ 9 Section 14.4 (Canine Handler Pay):........................................................................................................... 9 ARTICLE 15 – OVERTIME ............................................................................................................................... 9 Style Definition: TOC 1: Tab stops: 6.49", Right,Leader: … 2 ARTICLE 16 – COMPENSATORY TIME.......................................................................................................... 10 ARTICLE 17 – REIMBURSEMENT FOR TRAVEL AND OTHER OFFICIAL EXPENSES:.......................................10 ARTICLE 18 – RETIREMENT ......................................................................................................................... 10 ARTICLE 19 – HEALTH, DENTAL AND VISION INSURANCE BENEFITS .......................................................... 11 ARTICLE 20 – HOLIDAYS .............................................................................................................................. 11 ARTICLE 21 – VACATION AND VACATION ACCUMULATION....................................................................... 11 ARTICLE 22 – SICK LEAVE: ........................................................................................................................... 12 ARTICLE 23 – LEAVES OF ABSENCE ............................................................................................................. 12 ARTICLE 24 – ABSENCE POLICY ................................................................................................................... 12 ARTICLE 25 – UNIFORMS & EQUIPMENT.................................................................................................... 12 ARTICLE 26 – TUITION REIMBURSEMENT................................................................................................... 13 ARTICLE 27 – PROBATIONARY PERIOD ....................................................................................................... 13 ARTICLE 28 – GRIEVANCE, DISCIPLINE AND APPEALS................................................................................. 13 ARTICLE 29 - LAYOFF ................................................................................................................................... 18 ARTICLE 30 – ENTIRE AGREEMENT ............................................................................................................. 21 Section 30.1............................................................................................................................................. 21 Section 30.2............................................................................................................................................. 21 ARTICLE 31- WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT.....................................21 Article 32 – REOPENERS.............................................................................................................................. 21 Section 32.1: ........................................................................................................................................... 21 Section 32.2: ........................................................................................................................................... 21 APPENDIX A................................................................................................................................................. 22 ARTICLE 1 - RECOGNITION ............................................................................................................................ 3 ARTICLE 2 – NON-DISCRIMINATION.............................................................................................................. 3 ARTICLE 3 – TERM ......................................................................................................................................... 3 ARTICLE 4 – MANAGEMENT RIGHTS............................................................................................................. 3 ARTICLE 5 – EMPLOYEE RIGHTS .................................................................................................................... 4 ARTICLE 6- ASSOCIATION RIGHTS ................................................................................................................. 4

6.1 – Representation................................................................................................................................. 4

6.2 – Official Representation .................................................................................................................... 5

6.3 – Delegate Release Time..................................................................................................................... 5 ARTICLE 7 – CONCERTED ACTIVITIES ............................................................................................................ 5

7.1 – Compliance with Agreement ........................................................................................................... 5

7.2 – No Strike........................................................................................................................................... 5

7.3 – No Lockout ....................................................................................................................................... 5 Formatted: Default Paragraph Font, Check spelling and
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3 7.4 – Violation of Agreement.................................................................................................................... 5 ARTICLE 8 – SALARY ...................................................................................................................................... 5 ARTICLE 10 – LONGEVITY PAY....................................................................................................................... 6 ARTICLE 11 – EDUCATIONAL INCENTIVE PAY................................................................................................ 6 ARTICLE 12 – POST CERTIFICATES ................................................................................................................. 6 ARTICLE 13 – WORK PERIODS ....................................................................................................................... 6 ARTLICLE 14 – ADDITIONAL SPECIALITY PAYS............................................................................................... 7

14.1 – Shift Differential ............................................................................................................................. 7

14.2 – Detective Pay ................................................................................................................................. 7

14.3 – Field Training Officer...................................................................................................................... 7

14.3 – Canine Handler Pay……………………………………………………………………………………………………………........ 7 ARTICLE 15 – OVERTIME ............................................................................................................................... 8 ARTICLE 16 – COMPENSATORY TIME............................................................................................................ 8 ARTICLE 17 – REIMBURSEMENT FOR TRAVEL AND OTHER OFFICIAL EXPENSES:......................................... 9 ARTICLE 18 – RETIREMENT ........................................................................................................................... 9 ARTICLE 19 – HEALTH, DENTAL AND VISION INSURANCE BENEFITS ............................................................ 9 ARTICLE 20 – HOLIDAYS .............................................................................................................................. 10 ARTICLE 21 – VACATION AND VACATION ACCUMULATION....................................................................... 10 ARTICLE 22 – SICK LEAVE: ........................................................................................................................... 10 ARTICLE 23 – LEAVES OF ABSENCE ............................................................................................................. 10 ARTICLE 24 – ABSENCE POLICY ................................................................................................................... 10 ARTICLE 25 – UNIFORMS & EQUIPMENT.................................................................................................... 11 ARTICLE 26 – TUITION REIMBURSEMENT................................................................................................... 11 ARTICLE 27 – PROBATIONARY PERIOD ....................................................................................................... 11 ARTICLE 28 – GRIEVANCE, DISCIPLINE AND APPEALS................................................................................. 11 ARTICLE 29 - LAYOFF ................................................................................................................................... 17 ARTICLE 30 – ENTIRE AGREEMENT ............................................................................................................. 19

30.1 ......................................................................................................................................................... 19

30.2 ......................................................................................................................................................... 19 ARTICLE 31- WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT.....................................19 APPENDIX A................................................................................................................................................. 20 Formatted: Default Paragraph Font, Check spelling and
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4 ARTICLE 1 - RECOGNITION
Pursuant to the provisions of the City of Nevada City Employee – Employer Relations Resolution No. 2008-25 and the Meyers-Milias-Brown Act, Government Code Section 3500, et seq., the City of Nevada City (hereinafter called the "City"), has recognized the Nevada City Police Officers' Association (hereinafter called the "Association") as the exclusive recognized bargaining agent for the employees in the Non-exempt Sworn Employees Unit for the purpose of establishing salaries, wages, hours and working conditions.

The Nevada City Police Officers Association shall be the exclusive representative for the following classifications:
• Police Officer
• Police Sergeant
ARTICLE 2 – NON-DISCRIMINATION
The City shall not discriminate against any employee because of race, color, gender, sexual orientation, age, national origin, political or religious opinions or affiliation or handicap or exercise of rights under the Meyers-Milias-Brown Act. The City agrees to re-open any provision of this agreement for the purpose of complying with any final order of the federal or state agency or court of competent jurisdiction requiring a modification or change in any provision orprovision or provisions of this agreement in compliance with state or federal anti-discrimination laws.
5 ARTICLE 3 – TERM
The following items shall constitute the wages, hours and other terms and conditions for employees in classifications as listed in Article 1 of this Memorandum of Understanding. The term of this MOU shall begin on July 1, 202217 and end on June 30, 20250. This Memorandum of Understanding shall remain in effect until a successor agreement is reached or imposed.

During the final year of this MOU, and prior to April 20250, the NCPOA shall submit a written request to begin negotiations for a successor MOU with the City. Failure to provide notice shall result in the extension of this MOU for one (1) additional year on the same terms and conditions as contained herein.

ARTICLE 4 – MANAGEMENT RIGHTS
The City reserves, retains and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding.

The sole and exclusive rights of Management, as they are not abridged by this Agreement or by law, shall include, but shall not be limited to, the following rights:

A. To manage the City generally and to determine the issues of policy; B. To determine the existence or non-existence of facts which are the basis of the Management decision;
C. To determine the necessity and organization of any service or activity conducted by the City and to expand or diminish services;
D. To determine the nature, manner, means, technology and extent of services to be provided to the public;
E. To require performance of other public safety services not specifically stated herein in the event of emergency or disaster, as deemed necessary by the City.

F. To determine methods of financing;
G. To determine types of equipment or technology to be used; H. To determine and/or change the facilities, methods, technology, means and size of the work force by which the City operation is to be conducted;
I. To determine and change the number of locations, relocations and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City.

J. To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments; K. To relieve employees from duties for lack of work 01 similar non-disciplinary reasons; L. To establish and modify productivity and performance programs and standards; M. To discharge, suspend, demote or otherwise discipline employees for proper cause; N. To determine job classifications and to reclassify employees; and O. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with this Agreement and applicable Resolutions and Codes of the City.

The City's exercise of a City right listed herein shall not be subject to the Grievance Procedure unless the Association alleges that such exercise raises an issue involving the interpretation of Personnel Rules or this Memorandum of Understanding. In that case, the grievance will be limited to the dispute over the interpretation of the Rules or the Memorandum of Understanding. 6 ARTICLE 5 – EMPLOYEE RIGHTS
The following are employee rights:

Section 1: The right of employees to form join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employeremployee relations.

Section 2: The right of employees to refuse to join or participate in the activities of employee organizations and to receive the negotiated benefits of the employee organization.

ARTICLE 6- ASSOCIATION RIGHTS

6.1 – Representation:

The NCPOA has the right to represent employees covered by this Memorandum of Understanding as specified by state law and pursuant to the City’s Employer-Employee Relations Resolution. NCPOA will notify the Director of Human Resources of its officers and directors. The City agrees to grant reasonable release time to two (2) NCPOA officials to perform services directly involved in the processing of grievances or disciplinary proceedings. The word “processing” is interpreted to mean the presence of the Job Representative with the aggrieved employee during oral discussions with administrators or supervisors at any or all steps of the grievance or disciplinary procedure, including preparation.

6.2 – Official Representation:

The NCPOA may select two (2) official representatives, and two official alternates who are City employees, and may utilize time during normal working hours for meeting and conferring with authorized representatives of the City subject to advanced scheduling. However, no more than two (2) official representatives shall be allowed time-off with pay at any one time for meet and confer purposes. The association shall notify the City Director of Human Resources of all official representatives and alternates within 15 days of change.

6.3 – Delegate Release Time:

The City shall annually grant a total of three (3) days of release time, without loss of compensation or benefits, to board members, up to a maximum of two employees, who are duly authorized delegates to PORAC Training and Events.

ARTICLE 7 – CONCERTED ACTIVITIES

7.1 – Compliance with Agreement: If, the Nevada City Police Officers' Association, its officers, agents, representatives or members engage in any of the conduct prohibited in Article 7.2, No Strike, the Association or its duly authorized representative shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this Agreement and is unlawful, and that they should immediately cease engaging in such conduct prohibited in Article 7.2, No Strike, and return to work.

If the Association performs all of the responsibilities set forth as described above, its officers, agents and representatives shall not be liable for damages for prohibited conduct performed by employees who are covered by this Agreement in violation of Article 7.2, No Strike. 7 7.2 – No Strike Officers, agents, representatives and/or members agree that during the term of this Agreement, they will not cause or condone any strike, walkout, slowdown, sickout, or any other job action by withholding or refusing to perform services.

7.3 – No Lockout The City agrees that it shall not lock out its employees during the term of this Agreement. The term "lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall or failure to return to work of employees of the City in the exercise of its rights as set forth in any of the provisions of this Agreement or applicable ordinance or law.

7.4 – Violation of Agreement Any employee who participates in any conduct prohibited in Article 7.2 above may be subject to termination by the City.

ARTICLE 8 – SALARY
The salary schedule effective the first pay period of July 202217 for POA members is attached in Appendix “A”contained in the City’s master salary schedule. The schedule consists of five (5) steps. Employees are hired into “Step A” and progress to the next salary step annually on their anniversary date to “Step E.” Step F shall be discontinued when all of the existing three POA members placed at Step F reach their 15th year anniversary service date or are no longer covered by this MOU.

Effective the first pay period of July 202217, all employees shall receive a general salary increase of 64.0%, which is included in the City master salary schedule attached in Appendix A. Effective the first pay period of July, 202318, all employees shall receive a general salary increase of 4.0%. Effective the first pay period of July, 2024, all employees shall receive a general salary increase of 4.0%. if a) medical health premiums do not increase by more than 10% on January 1, 2018 or b) if CalPERS rates for the Safety First Tier plan do not exceed an employer normal cost rate of 20.7% and an unfunded accrued liability figure of $140,000 or a total of 42% of payroll; If either occurs, the general salary increase effective the first pay period of July 2018 shall be decreased by 1.0%. The City agrees to reopen this agreement in April 2019 to meet and confer regarding a salary increase above a minimum of 2.0% for the fiscal year beginning the first pay period of July, 2019. No changes shall be made unless mutually agreed upon.

ARTICLE 10 – LONGEVITY PAY
Effective July 1, 2017, the current step F will be increased to equal 5% above step E until such time each step F employee reaches 15 years at which time Eeach employee who has been employed with the City for 15 years shall receive an additional 105% above their base pay on their 15th year anniversary date.

ARTICLE 11 – EDUCATIONAL INCENTIVE PAY
Employees who possess and Associate of Arts (AA) Degree shall receive an additional 2.5% above their base pay. -orEmployees who possess Bachelor’s (BA or BS) Degree from an accredited college or university shall receive 5% above their based pay. -orEmployees who possess a Master’s Degree (MA or MS) from an accredited college or university shall receive 7.5% above their base pay.

The maximum incentive pay for Educational incentive shall not exceed 7.55% of base pay. 8 Accredited college or university shall mean accredited by a national or regional accrediting body within the United States as generally interpreted in higher education.

ARTICLE 12 – POST CERTIFICATES
Employees who possess a Basic POST Certificate shall receive an additional 4% above their base salary.

Employees who possess an Intermediate POSTost Certificate shall receive an additional 5% above their base pay.

Employees who possess an Advanced and or Supervisory POSTost Certificate shall receive an additional 510% above their base pay.

The maximum incentive pay for POST Certificates shall not exceed 140% of base pay.

ARTICLE 13 – WORK PERIODS
Section 13.1: Because there are a variety of work shifts including, but not limited to 3/12, 4/10, 5/9 5/8 plans, the daily work schedule will consist of the normal number of hours for that assigned shift. (i.e., 12, 10, 9, or 8 hours.) For sworn employees, assigned work shifts are inclusive of a 60 minute paid meal break. As sworn employees are considered to have already been compensated for their breaks, and if they are unable to take their breaks they shall not receive any additional compensation.

Sworn members assigned to work 12-hour shifts a 3/12 plan will be assigned 840 hours every pay period.

One week of the pay period will consist of three 12-hour shifts and one week will consist of three four 12- hour shifts. The 84 hours of work time per pay period will be compensated as straight time. and one 8- hour shift.

Section 13.2: Sworn members assigned to work a 4/10 plan will be assigned four 10- hour days each week.

Section 13.3: The City designates a 14 day work period for sworn personnel for the purpose of overtime under the Fair Labor Standards Act.

Section 13.4: The Chief of Police shall determine the shifts and assignments that will be worked.

Officers shall choose their assignment, based on seniority, every four months. Shift change shall be at the first pay period of the affected term.

ARTLICLE 14 – ADDITIONAL SPECIALITY PAYS
Section 14.1 (Shift Differential): The Chief of Police shall determine the shifts and assignments that will be worked. Employees, who are regularly scheduled, through the rotational shift assignment, to work a pay period where the majority of the hours fall between 6:00 p.m. and 6:00 a.m., shall be paid an additional 5% above base pay for the entire pay period.

In the event an employee is re-assigned out of the 6:00 p.m. to 6:00 a.m. schedule, another employee may be assigned and entitled to the above differential. 9 Section 14.2 (Detective Pay): Police Officers assigned by the Chief of Police to the Detective Unit, shall receive an incentive pay of 5% from the date of appointment to conclusion of the assignment.

Section 14.3 (Field Training Officer): Effective the first pay period of July 2019, Police Officers assigned by the Chief of Police as Field Training Officers (FTOs) shall receive an incentive pay of 5% for all hours worked in this capacity from the date of appointment to conclusion of the assignment. FTO incentive pay shall be implemented one year earlier if the compensation adjustment scheduled for the first pay period of July 2018 in Article 8 is reduced by 1.0%.

Section 14.4 (Canine Handler Pay): The parties are aware that the Fair Labor Standards Act (FLSA) requires compensation for hours worked over 40 hours per week. The care and maintenance of the canine can extend beyond a normal 40 hour work week; therefore, the parties estimate that the extended time the Canine Officer spends in all aspects of the care, feeding, exercise and maintenance of the canine on a biweekly basis is seven (7) hours. The city will pay the Canine Officer five percent (5%) of base salary, which is equivalent of the extra seven (7) hours of the Officer’s biweekly base pay for the care and maintenance of the canine. The parties further agree that any time spent in excess of such time is not reasonably necessary and is unauthorized. In addition to the Canine handler pay described above, assigned Canine officers assigned a home retention marked patrol vehicle, for the purposes of transporting their police service dog to and from work. The officer will be reimbursed for the purchase of dog food and grooming supplies, which have been pre-approved by the supervisor over the K-9 Program.

Training expenses for all mandatory training, replacement of Police Department owned equipment provided for use in the K-9 program and all veterinary expenses incurred as the result of a service related injury or illness, including routine examinations and vaccinations, shall be paid by the Department. Any additional medical expenses may be paid by the City at the discretion of the Chief of Police.

ARTICLE 15 – OVERTIME
Section 15.1: All full-time employees shall be entitled to overtime at time and one-half the regular rate of pay for all hours worked in excess of eighty-four (840) hours within the employee's regular two week pay period. In order to be entitled to overtime, such overtime must be authorized by an immediate supervisor, Lieutenant, and/or Police Chief, when reasonably feasible. Nothing herein is intended to limit or restrict authority of the City to require any employee to perform overtime work.

For the purposes of computing overtime, use of holidays, vacation or compensatory time off during any given workweek shall be considered time actually worked. Sick leave time off shall not be considered time actually worked for the purposes of computing overtime.

Hours worked when called in on a day off, or called back to work after leaving the job subject to a two (2) hour minimum.

Section 15.2: When an employee is required to appear in court as a result of their employment with the City on his/her day off, said employee shall be entitled to overtime. The minimum overtime to which said employee is entitled shall be three (3) hours at time and one half when the court appearance occurs.

If placed on call-back status by the court for the morning session, the employee shall receive two hours of standby pay at straight time if no court appearance is made during the morning session. If the call-back Formatted: Default Paragraph Font
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10 status is then continued into the afternoon, the employee shall receive an additional two hours of standby pay at straight time if no court appearance is made during the afternoon session.

When an employee is required to appear in court as a result of their employment with the City on his/her day off, and the court appearance is canceled after 6:00 p.m. the day prior to the scheduled court proceeding, he/she shall receive two (2) hours pay at their time and one half rate.

Section 15.3: Emergency overtime is that time when an off duty employee is ordered to report for duty. When so ordered the travel time for the employee to get to work, not to exceed 30 minutes, shall be counted as work time. Emergency overtime is when an employee's presence at work:

A. Is deemed necessary or advisable to properly handle an emergency incident or incidents.

B. To maintain necessary staffing levels.

ARTICLE 16 – COMPENSATORY TIME
The Personnel System Rules incorporate the compensatory time policy and procedures for the allowance for compensatory time credits. Before working any overtime, an employee shall have been authorized or required to do so by his or her department head or the City Manager. In the case of a bona fide emergency, if it is not reasonably feasible to obtain such prior authorization, the employee who has worked overtime shall request such authorization on the next regular work day.

Employees, at their discretion, may accrue Compensatory Time off (CTO) in lieu of overtime payment at the rate of one and a half (1.5) hours for every hour worked in excess of their regular work schedule. No employee shall be allowed to accrue a balance of more than forty sixty-three (6340) hours of CTO.

When an employee separates from employment with the City, all CTO shall be paid at their regular rate of pay upon separation.

ARTICLE 17 – REIMBURSEMENT FOR TRAVEL AND OTHER OFFICIAL EXPENSES:

Employees shall be reimbursed for such expenses as approved by the City Manager in such amounts as designated by the City Council policy regarding reimbursement of travel and other official expenses.

However, if an employee attends training that is reimbursable by California Peace Officers Standards and Training (POST), the employee shall be reimbursed according to the guidelines as established by POST.

The City and NCPOA agree to meet and confer prior January 1, 2023 regarding an update to the City Travel Authorization and Reimbursement Policy to include a standardized per diem for meal reimbursement at federally indexed amounts.

ARTICLE 18 – RETIREMENT
Section 18.1 California Public Employees’ Retirement System (CalPERS) enrolled employees covered by this Agreement will participate in the Public Employees' Retirement System 3% @ 50 retirement plan formula (Tier 1). The Employee shall pay 100% of the employee's contribution on a pretax basis. 11 Section 18.2 Notwithstanding Section 1 above, any employees covered by this Agreement hired after June 12, 2010 that are not considered to be “new” members of CalPERS shall participate in the Public Employees Retirement System 2%@55 retirement plan formula (Tier 2). The Employee shall pay 100% of the employee’s contribution on a pre-tax basis.

Section 18.3 Notwithstanding Section 1 and 2 above, any employees covered by this Agreement hired on or after January 1, 2013 who are considered to be “new” members of CalPERS shall participate in the Public Employees Retirement System PEPRA 2%@57 retirement plan formula (Tier 3 – PEPRA Tier). The employee shall pay half of the “Total Normal Cost” on a pre-tax basis.

ARTICLE 19 – HEALTH, DENTAL AND VISION INSURANCE BENEFITS Effective the first pay period in July 2017, the City shall pay 90% and employees with dependents shall pay 10% of all health premium costs for medical, and dental insurance. The City shall pay 100% of all health premium costs for medical, dental and vision insurance for employees with comprehensive “employee only” health coverage (e.g. medical, dental and vision insurance). City pays employee portion of vision insurance for all employees; employees pay any dependent vision insurance premiums.

Future overall rate increases for the health plans will occur no more often than once per year. Employee rates may increase due to increases in the age of employees and or their dependents under the terms of the current health plan.

The City will continue to research alternative lesser cost plans to offer the City employees to keep premium costs down.

Employees who waive City provided medical insurance with proof of other health plan coverage shall receive $100/per pay period in lieu of the City payment of medical premiums.

ARTICLE 20 – HOLIDAYS
Employees shall be compensated for the 14 paid Holidays as follows:

POA members olice officers will be paid 56 84 hours of straight pay in the month of December in lieu of taking holidays. In addition, POA members Police officers will receive 56 84 hours added to a holiday bank vacation balance on the first of January each year in lieu of taking holidays. The maximum holiday bank accrual will be 84 hours.

This formula is based on eight twelve (128) hours per holiday totaling 16812 hours annually.

ARTICLE 21 – VACATION AND VACATION ACCUMULATION
Employees shall be entitled to the vacation benefits specified in the “Vacation Policy”.

Employees of this bargaining unit will accrue vacation benefits according to the following schedule:

Years 1 through 5: 840 hours per year/3.2308 hours per pay period Years 6 through 15: 1260 hours per year/4.8562 hours per pay period Years 16 and over: 2100 hours per year/8.087.69 hours per pay period 12 A maximum of 32 days (320 hours) of vacation may be accumulated per Personnel rules section 2230.14.

Once an employee reaches the maximum accrual, no further vacation leave will be earned unless the prior approval has been received from the City Manager to accommodate department work scheduling.

Once an employee has reached a minimum of 200 hours, he or she may request during the month of January, a transfer of up to 40 hours of vacation leave into sick leave.

ARTICLE 22 – SICK LEAVE:

Employees shall be entitled to sick leave benefits specified in the “Sick Leave Policy” ARTICLE 23 – LEAVES OF ABSENCE
Employees shall be entitled to the Leaves of Absence specified in the following Federal and State Laws:

Family & Medical Leave – California Family Rights Act
Family Care and Medical Leave (CFRA Leave) and Pregnancy Disability Leave Federal Family and Medical Leave Act
Employees are also entitled to additional leaves of absence identified in the City personnel policies and rules.

ARTICLE 24 – ABSENCE POLICY
Employees covered by this agreement shall be subject to the terms and conditions of the absence policy which provides that excused absences for family members, as provided in Labor Code Section 234, shall not be considered in evaluating or disciplining employees and that supervisors shall utilize the absence policy as suggested guidelines for evaluating and/or disciplining employees for absences, but shall assess each case on its own merit.

ARTICLE 25 – UNIFORMS & EQUIPMENT
Employees will be provided uniforms at the time of employment consisting of the following: Two (2) Long Sleeve Uniform Shirts, Two (2) Short Sleeve Uniform Shirts, Two (2) Uniform Pants, One (1) Jump Suit-All Weather, One (1) Jacket,
The City will provide a total allowance of $1,000 for the replacement and upkeep of uniforms. A single payment of $500 will be distributed to each Officer, paid the first pay period in July; and $500 will be placed on account for use with a City-approved vendor for uniform and/or safety equipment (to be tracked by the City’s Finance and Administration Department). The Officer in the Detective’s position may receive the entire $1,000 as cash in the first pay period in July because that Officer is not required to wear a uniform. The City Manager may authorize a pro-rated advance of the annual uniform allowance for newly hired officers prior to the July1 pay-out upon written request from the Officer. The amount of the pay-out will be reduced by the advanced amount of the uniform allowance at the next annual distribution.

In addition, all safety equipment, to include, but not limited to: one (1) ballistic vest, one (1) set of leather (or ballistic nylon) duty gear and one (1) authorized duty handgun, shall be issued to each employee and will be replaced as needed and maintained by the department. The City shall also provide the Detective position with a City-paid cell phone for work purposes only. 13 ARTICLE 26 – TUITION REIMBURSEMENT
Employees who receive prior approval from the Chief of Police and the City Manager shall be reimbursed for the cost of tuition, books and educational fees at a regionally accredited college or university up to $500 per fiscal year; provided that such reimbursement shall be conditioned upon receiving a grade of “C” or better or “pass” if the class is pass/fail. The coursework must be related to the employee’s scope of work. The employee must provide documentation of payment to the City to receive reimbursement of the expense.

ARTICLE 27 – PROBATIONARY PERIOD
The Personnel system rules provide that a notice of separation of a temporary employee be served on the separated employee before the expiration of the probationary period. The Probationary Period is one (1) year starting on the date of hire.

ARTICLE 28 – GRIEVANCE, DISCIPLINE AND APPEALS
A. GRIEVANCE PROCEDURE
The Association shall have the exclusive access to the following Grievance Procedure:

If an employee has not been a member of the Association, or has not paid a fair share fee for at least thirty (30) days prior to filing a formal grievance, or chooses to represent themselves, the Grievance Procedure as outlined in the Nevada City Personnel Code shall apply. In the event an employee files a grievance without the assistance of the Association and wherein the said employee alleges violation of a current Agreement between the City and the Association, the City shall notify the Association and provide a copy of the said grievance to same prior to issuance of the Personnel/Human Resources Director's decision as prescribed in the Personnel Code.

The following shall apply only if the Association is the representing party.

1. DEFINITIONS
a. A grievance is a complaint of one or a group of employees or a dispute between the City and the Association, involving the interpretation, application or enforcement of the express terms of this Agreement.
b. As used in this procedure, the term immediate supervisor means the individual who assigns reviews and directs the work of an employee.

2. TIME LIMITS
a. Each party involved in a grievance shall act quickly so that the grievance may be resolved promptly. Every effort should be made to complete action within the time limits contained in the grievance procedure but, with the written consent of all parties, the time limitation for any step may be extended. b. The time specified in these rules may be extended to a definite date by mutual agreement by stating the fact thereof on the grievance previously submitted and initialed by the parties making the agreement.
14 c. The grievant shall be permitted a reasonable amount of work time as determined by the department head, in preparing the grievance and presenting same at each level of appeal as specified herein.

3. INFORMAL DISCUSSION
a. The grievance initially shall be discussed with the immediate supervisor. The employee may be represented by the Association Representative. Within five (5) working days, the immediate supervisor shall give a decision or response. b. If an informal grievance is not resolved to the satisfaction of the grievant or a formal grievance may be initiated. A formal grievance must be initiated within ten (10) workdays of the decision rendered in the informal grievance procedure.

4. FORMAL GRIEVANCE
a. A formal grievance shall be initiated in writing on a form prescribed by mutual agreement of the City and the Association and shall be filed with the Department Head as the first level of appeal.
b. Within ten (10) work daysworkdays after the initiation of the formal grievance, the Department Head at the first level of appeal shall investigate the grievance and give a decision in writing to the parties.

5. APPEAL OF FORMAL GRIEVANCE
a. If the Department Head's decision is not satisfactory, it may be appealed in writing within ten (10) workdays to the Personnel/Human Resources Director. b. The Personnel/Human Resources Director shall respond in writing within ten (10) workdays to the parties. If the Personnel/Human Resources Director determines that it is desirable, he/she shall hold conferences or otherwise investigate the matter. c. If the Personnel/Human Resources Director fails to respond in writing as provided, or if the response is not satisfactory, the Association shall have the right to refer the matter to arbitration. Such referral shall be made by written demand submitted to the City Manager.

B. DISCIPLINE PROCEDURE

1. PERMANENT AND PROBATIONARY EMPLOYEES
Employees may be disciplined and shall have the right to appeal consistent with this Agreement and the City Personnel Code.

Employees working in any department where eligibility, employment status and tenure are controlled in whole or in part by the State Merit System will be afforded a choice between pursuing the State Personnel Board or the City process in disciplinary matters.

2. APPEAL BASED ON DISCRIMINATION
Any probationary employee or permanent employee who believes he or she has been rejected from probation, dismissed or disciplined because of race, color, religion, age, sex, national origin, political affiliation, marital status, or handicap, or for engaging in any activity authorized and protected under applicable statutory law, memorandum of understanding or City 15 code or ordinance, may file a written complaint alleging the same and stating the facts in support of the allegation within ten (10) working days of the effective date of the rejection, dismissal or disciplinary action.

The Personnel /Human Resources Director, upon receipt of the complaint, shall conduct such review as he/she deems appropriate, and shall issue a determination to sustain, reverse or modify the action. Such determination shall be final and binding on all parties concerned, except as may be otherwise provided to permanent employees under this Agreement.

3. LETTER OF REPRIMAND
Any regular employee may be reprimanded by the appropriate appointing authority by an order in writing, a copy of which may be entered into his/her personnel file.

An employee shall have thirty (30) calendar days within which to file a written response to such reprimand entered into the personnel file, and such written response shall be attached to the reprimand. A letter of reprimand issued to an employee pursuant to this section and the attached response shall, upon request of the affected employee, be removed from the employee's personnel file after a minimum of two years have lapsed, provided that during that intervening two yeartwo-year period the said employee has not received a less-than-satisfactory performance report and has not been issued any additional letter of reprimand pursuant to this section.

4. EXCLUSIVE ASSOCIATION DISCIPLINARY PROCESS
The Association shall have the exclusive access to the following due process and representation rights for any level of discipline prior to implementation.

The Nevada City Personnel Code shall require five (5) working days advance notice of any level of discipline.

If an employee has not been a member of the Association, or has not paid a fair share fee for at least thirty (30) days prior to notification of a disciplinary action, or chooses to represent themselves, Chapter 18 of the City's Personnel Rules and Regulations shall apply.

5. DISCIPLINARY ACTION - Defined as suspension, demotion or termination.

At least five (5) working days prior to the effective date of the proposed disciplinary action, a copy of the notice shall be served upon the employee who is the subject of the disciplinary action. The Association and the employee shall, within said five (5) working day period, respond orally and/or in writing to the proposed action or waive the right to respond.

After either time has elapsed for receiving response or the response has been received and considered, the appointing authority shall decide whether the proposed action should be taken.

If so, the Order which imposes the action as originally proposed or as revised after receipt of the response shall be prepared by the appointing authority, be reviewed with the City Attorney for legal sufficiency, and the action shall commence at such time so as not to disrupt the operations of the department.
16 Five (5) working days prior to the effective date of the disciplinary action, the Order shall be filed with the Personnel/Human Resources Director and The Association, and a copy thereof together with a copy of this section outlining the appeal procedure, shall be served on the employee who is the subject of the disciplinary action. If personal service upon the employee of the written notice or of the Order is impossible, a copy shall be sent by certified mail to the employee at the last known address.

When the alleged violation/s involve employee behavior which threatens the City's operations or the safety of its employees and/or members of the public, an employee may be placed on an immediate administrative leave with pay pending the outcome of any predisciplinary proceedings.

6. CAUSES OF DISCIPLINE
Each of the following constitutes cause for discipline which may consist of, but not be limited to, suspension, demotion, or dismissal of an employee:
(a) Fraud in securing appointment;
(b) Incompetency;
(c) Inefficiency;
(d) Inexcusable neglect of duty;
(e) Insubordination;
(f) Dishonesty;
(g) Sexual harassment or abuse of County employees;
(h) Illegal manufacture, distribution, possession, and or use of a controlled substance in the work place;
(i) Being intoxicated and/or under the influence of any controlled substance while on duty or while subject to scheduled call back;
(j) Inexcusable absence without leave (absenteeism or tardiness); (k) Conviction of a felony or conviction of a misdemeanor involving moral turpitude; (l) Discourteous treatment of the public or other employees; (m) Improper political activity as specified in the Personnel Code; (n) Misuse of City property;
(o) Violation of any of the provisions of the Personnel Code; (p) Refusal to take and subscribe to any oath or affirmation which is required by law in connection with employment;
(q) Misuse of sick leave or a claim of sick leave under false pretenses; 17 (r) Threat or assault on an employee or member of the public in connection with City employment;
(s) Any other failure of good behavior or acts either during or outside of duty hours which are incompatible with or inimical to the public service; (t) Falsifying records.

7. RIGHT OF APPEAL
The Association may appeal any level of discipline by filing a notice of appeal in writing to the charges set forth in the Order of Discipline with the City Human Resources Director prior to the effective date of the discipline.

The Human Resources Director shall review said Order and appeal, and shall then hold a meeting within five (5) working days from the date of service of the Order, to discuss the disciplinary action and appeal with the employee, The Association and the appointing authority.

The order of discipline shall be postponed until such time as the disposition of the meeting is finalized. In the event an agreement regarding disposition of the matter cannot be reached with five (5) working days after the meeting, The Association shall have the right to refer the matter to arbitration. Such referral shall be made by written demand submitted to the City Administrator.

The timelines above may be extended by mutual agreement of the parties.

C. APPEAL ARBITRATION (GRIEVANCE AND DISCIPLINE)
Upon receipt of an arbitration request by The Association, the City Manager or his/her designee shall order that the matter be heard by an arbitrator selected from a listing of arbitrators supplied by the State Conciliation Service. The arbitrator shall be selected from a listing of three (3) individuals identified by the State Conciliation Service who have been previously identified by the parties as mutually agreeable.

The arbitrator shall be bound by the language of the Agreement, City rules and regulations and Law consistent therewith in considering any issue before them. The arbitrator shall have no authority to add to, delete or alter any provision of the Agreement, but shall limit his/her decision to the application and interpretation of its provisions and Law.

All costs related to the hearing incurred by the arbitrator and all fees of the arbitrator will be shared equally by the parties.

The following rules shall apply to any hearing conducted under the provisions of the Section:
(a) The hearing shall be public except that if the employee requests that the matter be heard privately, it shall be so heard.
(b) The provisions of Section 11507.6 of the Government Code shall provide the exclusive right to and method of discovery except that time limitations will be those established by the arbitrator.
18 (c) Evidence may be submitted by affidavit or by deposition in accordance with the provisions of Section 11514 and Section 11511 of the Government Code, respectively.
(d) Subpoenas for attendance or the production of documents at the hearing shall be issued in accordance with Section 11510 of the Government Code. (e) The hearing shall be conducted in accordance with evidence rules as outlined in Section 11513 of the Government Code.
(f) Witnesses shall suffer no loss of compensation or benefits while participating in this procedure, in order to give testimony before the arbitrator. Recognizing the City’s need to provide continuity of services to the public, the Association shall provide a list of required witnesses in advance of any scheduled hearing and shall insure that the number of witnesses and their scheduling shall be reasonable.

D. DECISION
The arbitrator's decision, supported by written findings, shall be final and binding upon all parties and shall not be subject to any modification by the City Council and shall be presented and acted upon in a timely fashion by mutual agreement of the parties.

ARTICLE 29 - LAYOFF
A. LAYOFF

1. The appointing authority may lay off employees pursuant to this section whenever it becomes necessary because of lack of work or funds, or whenever it is deemed advisable in the interest of economy to reduce the force in a department or office.

2. The City shall give the Association notice prior to implementation of any proposed layoff and shall consult with the Association, in good faith, regarding the effects of the said layoff. Such consultation shall not delay the effective date of the layoff unless an agreement is reached to postpone or cancel the proposed layoff.

B. ORDER OF LAYOFF
Employees in the same department and within the same classification shall be laid off as follows:

1. All extra help and provisional employees shall be laid off, in an order determined by the appointing authority, before any probationary employees.

2. All part-time probationary employees shall be laid off, in an order determined by the appointing authority, before any full-time probationary employees.

3. All full-time probationary employees shall be laid off, in an order determined by the appointing authority, before any regular employee.

Formatted: Normal, Indent: Left: 0.5", First line: 0.5" 19 4. All part-time regular employees shall be laid off, in an order determined by the appointing authority, before any regular full-time employees.

5. When it becomes necessary to reduce the force by layoff of regular, full-time employees, seniority and the ability to perform the work shall be the determining factors. For the purpose of applying this section only, performance shall be defined as annual or probationary performance evaluations submitted 90 days prior to the issuance of a layoff notice.

Layoffs shall be made by classification and by department in accordance with the following procedure and in the following order:
a. All employees within the classification of a position which is being abolished whose most current annual or final probationary performance report was less than overall "satisfactory" shall be laid off before any employee in the same classification whose performance report, as defined above, was overall "satisfactory". Within this group, a less senior employee shall be laid off before an employee with more seniority. b. Whenever it becomes necessary to lay off employees whose performance report, as defined above, was overall "satisfactory" the said layoffs shall occur in an order determined by the appointing authority, based on his/her assessment of the affected employees' overall ability and willingness to perform.
c. Except as otherwise provided, any employee who has been displaced as a result of the application of the provisions of this section shall be permitted to exercise bumping rights into a lower classification within the same classification series and within the same department. If an employee should elect to exercise his/her bumping rights as provided herein, then such employee shall be judged against all employees within the said lower classification in accordance with the foregoing methodology, giving proper weight to the factors of performance and seniority. Such bumping right must be exercised within ten (10) days of the date of layoff notice.

In the case of a tie in seniority pursuant to this section, such tie shall be broken by counting all time in City service.

If this method of breaking ties in seniority results in a tie, the order of layoff shall be determined by lot as drawn by the Personnel/Human Resources Director. d. Any employee bumped pursuant to (c) above, shall be permitted to exercise bumping rights into an existing lower classification within the same series and within the same department, where applicable.

C. INTERDEPARTMENTAL TRANSFERS
The Personnel/Human Resources Director shall have the authority, at his/her discretion, to transfer any employee who is laid off pursuant to this section to any vacancy in any department, provided the employee is qualified for the said vacancy.

D. SENIORITY DEFINED
For the purpose of applying this section only, seniority shall be defined as:
20 1. The total number of calendar days an employee has been employed in a regular or temporary capacity and on active pay status in the classification of the employee or group of employees subject to layoff or bumping, except that in the case of a regular employee, approved leave of absence with or without pay shall also count as time worked on active pay status. Time worked in another classification of equal or greater pay grade and within the same series shall count as time worked within the classification of the employee or group of employees subject to layoff or bumping.

2. Seniority shall not include any period during which an employee was:
a. On leave without pay for disciplinary reasons; or
b. Not actually in City employment because of his or her voluntary termination, layoff, or other cause.

3. For any employee who is re-employed after being discharged for cause or any probationary employee discharged during the probationary period, seniority shall not include any time worked prior to his or her succeeding appointment.

4. Seniority shall include any time during which an employee is on approved paid or unpaid leave of absence and receiving workers' compensation benefits for an acknowledged job-incurred injury. Such time shall be counted as time worked for purposes of determining seniority and no employee shall suffer any loss of seniority for purposes of layoff where the fact of his/her leave of absence is caused by a bona fide work-related injury.

E. NOTICE OF LAYOFF
Regular employees shall be notified of layoff fourteen (14) days prior to the effective date of same. All other employees may be laid off on twenty-four (24) hours’ notice. An employee who is to be laid off may elect to accept such layoff prior to the effective date thereof.

F. REGRESSION LADDER
The parties agree and mutually understand that there will be no layoffs of employees in this bargaining unit prior to meeting and conferring in good faith and updating the City’s regression ladder which depicts layoff bumping rights.

G. RE-EMPLOYMENT LISTS

1. Providing his or her overall efficiency has been satisfactory, any person having regular or probationary status in the classified service who is laid off in good standing shall have, at the time of layoff, his or her name placed on the re-employment list for the classification from which he or she has been laid off for a period of one year.

2. Any regular or probationary employee who is laid off in good standing may, upon written request, have his or her name placed on a re-employment list for any other classification of equal or lower pay for which he or she is qualified.
21 ARTICLE 30 – ENTIRE AGREEMENT
Section 30.1: It is the intent of the parties hereto that the provisions of this Agreement shall be the sole source of any and all rights, which may be asserted hereunder. This Agreement is not intended to conflict with Federal or State Law.

Section 30.2: Notwithstanding the provisions of Section 1, there exists within the City certain personnel rules and regulations and departmental rules and regulations. To the extent that this Agreement does not specifically contradict these personnel rules and regulations or departmental rules and regulations or City ordinances, they shall continue subject to the being changed by the City in accordance with the exercise of City Rights under this Agreement and applicable State law.

ARTICLE 31- WAIVER OF BARGAINING DURING THE TERM OF THIS

AGREEMENT
Except where required by the terms of this agreement, the parties mutually agree that they will not seek to negotiate or bargain with regard to the wages, hours, and terms and conditions of employment whether or not covered by this agreement, and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties. Regardless of the waiver contained in this article, the parties may, however, by mutual agreement, in writing, agree to meet and confer about any matter during the agreement.

Article 32 – REOPENERS
Section 32.1: The City and NCPOA agree to a reopener during the 2022/2023 Fiscal year to discuss a retirement system enhancement or alternative to retirement system enhancement through defined contribution funding.

Section 32.2: The City and NCPOA agree to a reopener during the 2022/2023 Fiscal year for health, dental, and vision insurance coverage to seek expanded options for coverage and City premium cost savings without changes to the employee coverage amounts.

CITY OF NEVADA CITY NEVADA CITY POLICE OFFICERS ASSOCIATION By:______________________________ _____ By:________________________________ Mark PrestwichSean Grayson, City Manager Tim Ewing, President By:_________________________________
By:________________________________
Catrina Olson, Assistant City Manager Sean
Mason, Treasurer
By:________________________________
Jerry Camous, Labor Representative
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22 APPENDIX A
Salaries as of First Pay Period in July 2017:

A B C D E F*
Hourly $24.32 $25.53 $26.81 $28.15 $29.57 $31.05
Monthly $4,215.12 $4,255.65 $4,468.44 $4,691.85 $4,928.26 $5,174.67 Monthly salaries as of First Pay Period in July 2022 with 6% increase:

Position Range Step A Step B Step C Step D Step E
Police Officer 28 5015.80 5266.59 5529.92 5806.42 6096.74 Police Sergeant 34 5816.79 6107.64 6413.01 6733.66 7070.35 City of Nevada City, California (City)
&
Nevada City Police Officers’ Association (POA)
2022 Negotiations for Successor MOU
Comprehensive Tentative Agreement
Tentative Agreement Date: June 1, 2022
Agreed upon via email confirmation between Sean Grayson, City Manager (City) and Tim Ewing, POA President (POA).

This document represents the comprehensive tentative agreement between the City and the POA. Articles and Provisions not specifically included below shall maintain current contract language, except that the City and the POA agree to:
● update language to reflect current practice; and
● update language to integrate side letters to the MOU ending June 30, 2022, into the successor MOU.

The completed successor MOU will be subject to approval by the City and POA prior to ratification.

This comprehensive tentative agreement was reached by informal negotiations, there were no specific proposals and as such there are no outstanding proposals nor proposals to note as withdrawn.

The total estimated cost of implementation of the comprehensive tentative agreement in fiscal year 2022-2023 is: $122,000 representing a 7.8% increase in cost assuming all positions are filled.

Item 1. Article 1 Recognition
● Add Police Sergeant to the list of represented classifications Item 2. Article 3 Term
● Term of the successor MOU shall be July 1, 2022, through June 30, 2025 (three year contract).
● Change written request to begin negotiations date to prior to April 2025.

Item 3. Article 8 Salary
● Reference to Step “F” will be removed.
● All positions will be placed on the master salary schedule with ranges and steps as approved by the City Council (this includes a small increase in hourly rate over the existing MOU pay schedule).
● Subsequently, the following base salary raises will be applied:
○ July 1, 2022 6%
○ July 1, 2023 4%
○ July 1, 2024 4%
Item 4. Article 10 Longevity Pay
● Reference to Step “F” will be removed.
● Longevity pay to be 10% and applicable to employees after 15 years of service in Nevada City.

Item 5. Article 11 Educational Incentive Pay
● Add “or” language such that employees who possess a Master’s degree (MA/MS) from an accredited college or university shall receive 7.5% above their base pay. ● Change maximum educational incentive to 7.5%.
● Add language noting accredited shall mean accredited by a national or regional accrediting body within the United State of America as generally interpreted in higher education.

Item 6. Article 12 POST Certificates
● Add employees who possess a Basic POST certificate shall receive an additional 4% above their base salary.
● Change Advanced or Supervisory POST certificate from “shall receive an additional 10%” to “shall receive an additional 5% above their base salary”. ● Change maximum POST incentive pay to 14%.

Item 7. Article 13 Work Periods
● Add sworn members assigned to 12-hour shifts shall be scheduled to work three 12- hours shifts in one week and four 12-hours shifts in the subsequent week for a total of 84 hours of work in the 14-day FLSA period.
● Add that 84 hours in the FLSA period will be compensated at straight time.

Item 8. Article 15 Overtime
● Change overtime for all hours worked in excess of 84 in the 14-day FLSA cycle.

Item 9. Article 16 Compensatory Time
● Change maximum CTO accrual to 63 hours.

Item 10. Article 17 Reimbursement for Travel
● No language changes however, the City and POA agree to meet and confer on an update to the City Travel Authorization and Reimbursement Policy. The updated policy will include standardized per diem for meal reimbursement at federally indexed amounts.

Item 11. Article 20 Holidays
● Replace language to reflect 12 hours workdays.

Employees shall be compensated for the 14 paid Holidays as follows:

POA members will be paid 84 hours of straight pay in the month of December in lieu of taking holidays. In addition, POA members will receive 84 hours added to a holiday bank on the first of January each year in lieu of taking holidays. The maximum holiday bank accrual will be 84 hours.

This formula is based on twelve (12) hours per holiday totaling 168 hours annually.

Item 12. Article 21 Vacation
● Change accrual by years of service to reflect 42-hour average work week Years 1 through 5:
84 hours per year / 3.23 hours per pay period
Years 6 through 15:
126 hours per year / 4.85 hours per pay period
Years 16 and over:
210 hours per year / 8.08 hours per pay period
Item 13. Article 23 Leaves of Absence
● Add language to reflect employees may take any additional leaves of absence identified in the City personnel policies and rules.

Item 14. Appendix A Salary Schedule
● Include updated salary schedule in successor MOU appendix A Item 15. Reopeners
● City and POA agree to a reopener to discuss a retirement system enhancement or alternative to retirement system enhancement through defined contribution funding.
● City and POA agree to a reopener for health, dental, and vision insurance coverage to seek expanded options for coverage and City premium cost savings without changes to the employee coverage amounts.

RESOLUTION NO. 2022-51

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

APPROVING AND ADOPTING THE COMPREHENSIVE MEMORANDUM OF

UNDERSTANDING WITH NEVADA CITY MANAGEMENT AND SUPERVISORY EMPLOYEES WITH A TERM OF JULY 1, 2022 THROUGH JUNE 30, 2025 WHEREAS, the Memorandum of Understanding (“MOU”) between the City of Nevada City (“City”) and the Nevada City Management and Supervisory Employees (“Association”) expires on June 30, 2022; and
WHEREAS, Negotiators for City and Association began the meet and confer process on June 1, 2021, and met once before reaching a comprehensive tentative agreement (TA) on a successor MOU on June 9, 2022; and
WHEREAS, City and the Association have met and conferred in good faith and have agreed to the attached comprehensive successor MOU (Exhibit A); and WHEREAS, the terms of the successor MOU make changes to the wages and benefits for Association members in 2022, 2023, and 2024; and has a term July 1, 2022 through June 30, 2025; and
WHEREAS, the Association membership ratified the MOU set forth in Exhibit A on June 17, 2022;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nevada City that:

1. The City ratifies the agreement with the Association for a successor MOU with a term of July 1, 2022 through June 30, 2025, as set forth in Exhibit A attached and incorporated by reference.

2. The City Council authorizes the City Manager to execute the successor MOU.

3. The City Council delegates authority to the City Manager to approve formatting edits to the successor MOU.

PASSED AND ADOPTED this 22nd day of June 2022 by the following vote:

AYES:

NOES:

ABSENT;
ABSTAIN:
________________________________
Duane Strawser
Mayor
ATTEST:
_______________________________
Niel Locke
City Clerk
1 MEMORANDUM OF UNDERSTANDING

CITY OF NEVADA CITY

MANAGEMENT AND SUPERVISORY EMPLOYEES
July 1, 202218 through June 30, 20251
June 30, 2020 Salary Negotiations (Re-Opener)
Table of Contents
CITY OF NEVADA CITY .......................................................................................................................1 ARTICLE 1: RECOGNATION.................................................................................................................3 ARTICLE 2: COMPENSATION. .............................................................................................................3 ARTICLE 3: MISCELLANEOUS ALLOWANCES. ......................................................................................3 ARTICLE 4: REIMBURSEMENT FOR TRAVEL AND OTHER OFFICIAL EXPENSE.......................................4 ARTICLE 5: RETIREMENT....................................................................................................................4 ARTICLE 6: VEHICLE RETENTION/USAGE............................................................................................5 ARTICLE 7: HOLIDAYS. .......................................................................................................................5 ARTICLE 8: VACATION AND VACATION ACCUMULATION...................................................................5 ARTICLE 9: SICK LEAVE.......................................................................................................................6 ARTICLE 10: LEAVES OF ABSENCE. .....................................................................................................6 ARTICLE 11: ABSENCE POLICY............................................................................................................6 ARTICLE 12: GROUNDS FOR DISCIPLINE.............................................................................................6 ARTICLE 13: GRIEVANCE PROCEDURE................................................................................................6 ARTICLE 14: PROBATIONARY PERIOD (2080). ....................................................................................6 ARTICLE 15: DISCIPLINARY ACTIONS (2310).......................................................................................7 ARTICLE 16: LEAVE REGULATIONS. ....................................................................................................7 ARTICLE 17: ADMINISTRATIVE LEAVE. ...............................................................................................7 ARTICLE 18: LONGEVITY PAY. ............................................................................................................7 ARTICLE 19: LICENSES/CERTIFICATE INCENTIVE PAY. .........................................................................7 ARTICLE 20: TUITION REIMBURSEMENT. ...........................................................................................7 ARTICLE 21: EDUCATIONAL INCENTIVE PAY.......................................................................................8 ARTICLE 22: HEALTH, DENTAL AND VISION INSURANCE BENEFITS.....................................................8 ARTICLE 23: CITY RIGHTS...................................................................................................................8 ARTICLE 24: ENTIRE AGREEMENT. .....................................................................................................9 Style Definition: TOC 1: Tab stops: 6.89", Right,Leader: … Style Definition: Heading 1: Left
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2 ARTICLE 25: WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT. ....................................9 ARTICLE 26: EMERGENCY WAIVER PROVISION. ...............................................................................10 ARTICLE 27: ADVERSE FINANCIAL IMPACT.......................................................................................10 ARTICLE 28: FULL FORCE AND EFFECT..............................................................................................10 ARTICLE 29: TERM OF AGREEMENT. ................................................................................................10 ARTICLE 30: REOPENERS..................................................................................................................10 ARTICLE 31: RATIFICATION AND EXECUTION. ..................................................................................11 3 ARTICLE 1: RECOGNATION.

This Memorandum of Understanding applies to the following management employees:
• Administrative Services Manager / Deputy City Clerk
• Chief Plant Operator
• City Planner
• Division Fire Chief
• Parks/Recreation Manager
• Public Works Superintendent
• Assistant City Manager
• City Planner
• Fire Chief
• Parks and Recreation Manager
• Administrative Services Manager
• Public Works (DPW) Superintendent
• Wastewater/Water (WWTP/WTP) Chief Plant Operator
ARTICLE 2: COMPENSATION.:

The salary schedule for employees of this unit shall be contained in the City master salary schedule with ranges and steps as approved by the City Council.

Effective the first pay period of July 2022, all employees shall receive a general salary increase of 6.0%, which is included in the City master salary schedule attached in Appendix A. Effective the first pay period of July, 2023, all employees shall receive a general salary increase of 4.0%. Effective the first pay period of July, 2024, all employees shall receive a general salary increase of 4.0%. No changes shall be made unless mutually agreed upon. a five step salary schedule which is attached hereto as Attachment ‘A’. Compensation adjustments shall be effective the 1st paycheck in July and will be made to the classifications as follows:

July 1, 2018 July 1, 2019
Assistant City Manager 2.0% 2.5%
City Planner 2.0% 2.5%
Fire Chief 2.0% 2.5%
Parks and Recreation Manager 2.0% 2.5%
Administrative Services Manager 2.0% 2.5%
Public Works Superintendent 2.0% 2.5%
Wastewater/Water Chief Plant Operator 2.0% 2.5%
ARTICLE 3: MISCELLANEOUS ALLOWANCES.:

Section 1: For those employees in the Managerial and Supervisory Unit (DPW, WWTP/WTP) who are required to perform maintenance and operation duties in and around public infrastructure facilities, the City will provide a clothing allowance consistent with that provided for DWP, WWTP/WTP employees in the Miscellaneous MOU which is as follows:

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Asian text, Adjust space between Asian text and numbers 4 A flat amount for all Uniform Supplies at $500.00 upon hire and $250.00 per year thereafter.For employees in the Department of Wastewater/Water Treatment Plant Department, expenses for required boots will be reimbursed by the City up to an annual amount of $250.00.

All other expenses for required uniform clothing will be provided by a uniform service paid by the City.

For employees in the Department of Public Works, all expenses for required uniform clothing will be reimbursed by the City up to an annual amount of $500.00 upon hire, and $250.00 per year thereafter.

Section 2: The City will provide an annual uniform allowance of $1,000.00 to the Fire Division Chief.

Section 32: The City will provide a cellular phone stipend of $2540.00 per month pay period to the following employees in acknowledgement of the fact that the City requires the employee to be generally accessible via cellular phone for the conduct of City-related business:

Fire Chief
Parks and Recreation Manager
Public Works Superintendent
Wastewater/Water Chief Plant Operator
The employee shall provide, and the City may publish, the cellular phone number to designated individuals and organizations with whom the employee normally conducts City-related business. Employees receiving a cell phone stipend are responsible for securing a cellular phone and a usage plan of their choice and shall provide immediately notification to the City in the event their cellular plan is cancelled or terminated. In the event of cancellation or termination, the City reserves the right to eliminate the stipend benefit.

Section 4: The City will provide one button down shirt, one polo shirt, and one hat (with the City logo) per fiscal year to all employees beginning on October 1, 2022 or earlier upon an approved standard for the items.

ARTICLE 4: REIMBURSEMENT FOR TRAVEL AND OTHER OFFICIAL EXPENSE.:

Employees shall be reimbursed for such expenses as approved by the City Manager in such amounts as designated by the City Council policy regarding reimbursement of travel and other official expenses. The City and Association agree to meet and confer regarding an update to the City Travel Authorization and Reimbursement Policy to include a standardized per diem for meal reimbursement at federal indexed amounts.The City policy is attached hereto as Attachment ‘B’.

ARTICLE 5: RETIREMENT.:

Employees covered by this Memorandum of Understanding participate in the following Public Employees’ Retirement Systems and are required to make the appropriate employee contributions for their respective plans.
• Tier 1 safety employees hired prior to February 10, 2010 covered by this agreement will participate in the Public Employees Retirement System (PERS) 3% @ 50 formula. Effective July 2, 2016, the City shall pay on behalf of the employee 2% of Formatted: Indent: Left: 0.5", First line: 0"
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• Tier 1 non-safety employees hired prior to February 10, 2010 covered by this agreement will participate in the Public Employees Retirement System (PERS) 2.5% @ 55 formula. Effective July 2, 2016, the City shall pay on behalf of the employee 2% of the 8% employee member contributions and the employee shall pay the remaining 6% on a pre-tax basis. Effective July 1, 2017, the employee shall pay the full employee member contribution of 8% on a pre-tax basis. • Tier 2 non-safety employees hired on or after February 10, 2010 that are considered “Classic Members” will participate in the City’s Public Employees Retirement System 2%@60 formula. Effective July 2, 2016, Tier 2 non-safety employee members shall pay the full employee member contribution of 7% on a pre-tax basis. • Tier 3 safety hired after January 1, 2013 or later who are not considered “Classic Members” by CalPERS will participate in either the Public Employees Retirement System 2%@57 formula (safety) or 2%@62 (non-safety) formulas. Tier 3 employees shall pay half of the “Total Normal Cost” on a pre-tax basis up to limits established by CalPERS.

ARTICLE 6: VEHICLE RETENTION/USAGE.:

The Fire Chief is authorized overnight home retention of a City-provided vehicle for public safety purposes.

ARTICLE 7: HOLIDAYS.:

Management Employees shall be entitled to the following paid holidays:
• New Year’s Day – January 1st
• Martin Luther King, Jr. Day – Third Monday in January • President’s Day – Third Monday in February
• Cesar Chavez Day – March 31st
• Memorial Day – Last Monday in May
• Independence Day - July 4th
• Labor Day – First Monday in September
• Columbus Day – Second Monday in October
• Veteran’s Day – November 11th
• Thanksgiving Day – 4th Thursday in November
• Day following Thanksgiving Day – 4th Friday in November • Christmas – December 25th
• Two Floating holidays
ARTICLE 8: VACATION AND VACATION ACCUMULATION.:

In addition to the terms and conditions contained in the City’s Personnel Regulations, the following terms are agreed to between members of this unit and the City:

Employees may accrue up to 320 hours or two times annual accrual amount, whichever is less.

No further accrual of vacation leave time may accrue without advance approval from the City Formatted: Heading 1, Adjust space between Latin and
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ARTICLE 9: SICK LEAVE.:

Employees shall be entitled to sick leave benefits specified in the "Sick Leave Policy" (Section 2240 of City Personnel Regulations).

ARTICLE 10: LEAVES OF ABSENCE.:

Employees shall be entitled to Leaves of Absence specified in the following policies, Federal and State laws:

Family & Medical Leave – California Family Rights Act
State Fair Housing and Employment Act and Pregnancy Disability Leave Federal Family and Medical Leave Act
ARTICLE 11: ABSENCE POLICY.:

Employees covered by this agreement shall be subject to the terms and conditions of the absence policy (Section 2260 of City Personnel Regulations) which provides that excused absences for family members, as provided in Labor Code Section 234, shall not be considered in evaluating or disciplining employees and that supervisors shall utilize the absence policy as suggested guidelines for evaluating and/or disciplining employees for absences, but shall assess each case on its own merit.

ARTICLE 12: GROUNDS FOR DISCIPLINE.:

Employees covered by this agreement shall be subject to the terms and conditions of the Grounds for Discipline Policy (Section 2310 of City Personnel Regulations).

ARTICLE 13: GRIEVANCE PROCEDURE.:

Employees covered by this agreement shall be subject to the terms and conditions of the Grievance Procedure (Section 2320 of City Personnel Regulations).

ARTICLE 14: PROBATIONARY PERIOD (2080).:

Before employing a person as a full-time or part-time regular employee, the City shall employ that person as a probationary employee for a period of at least twelve (12) months. The City Manager may extend the probation period beyond twelve (12) months. Any extension of the probationary period shall also extend the probationary status of the employee.

The probationary period is a step in the City's hiring process. It allows the probationary employee and the City an opportunity to determine if this is the right job for this person and the right person for the job. The City will use the probationary period to continue its assessment of an applicant for regular employment.

At any time during the probationary period, the probationary employee or the City may terminate the employment relationship without cause and without recourse to the Grievance Procedure set forth in Section 2320 of this City Personnel Regulations.

If interrupted by an authorized leave or absence, the probation period will be extended accordingly.

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7 ARTICLE 15: DISCIPLINARY ACTIONS (2310).:

In addition to the City Personnel Regulations, paid administrative leave pending completion of a disciplinary investigation shall not constitute discipline.

ARTICLE 16: LEAVE REGULATIONS.:

The City Personnel Regulations regarding leave regulations include the following important information:

1. That failure on the part of an employee absent without leave to return to duty within twenty four (24) hours after notice to return shall be cause for discipline up to and including termination of employment.

2. No benefits will accrue during any leave of absence without pay, but accrued benefits will not be lost except as otherwise provided (2270.30).

3. During a leave of absence without pay, the City payment of premiums for health benefits will become the responsibility of the employee (2270.40).

4. Except when an employee is on Family Medical Leave Absence (FMLA), an employee’s group health benefits will be maintained and paid by the City (2270.40).

ARTICLE 17: ADMINISTRATIVE LEAVE.:

Effective the first pay period in July each year all employees covered by this Memorandum of Understanding shall receive 80 hours of administrative leave for use during the current fiscal year. Administrative leave shall be in addition to accrued vacation leave and other leaves provided by the City. Administrative leave shall be subject to the same rules for usage and accounting as vacation leave except as provided below.