Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY September 14, 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.
Doug Fleming, Mayor
Daniela Fernández, Vice Mayor Gary Petersen, Council Member Adam Kline, Council Member Lou Ceci, 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 Fleming
_____ Vice-Mayor Fernández
_____ Councilmember Petersen
_____ Councilmember Kline
_____ Councilmember Ceci
MEETING PROCEDURES: All items on agenda will be open for public comments before final action is taken. Citizens wishing to introduce written material into the record at the public meeting on any item are requested to provide a copy of the written material to the Deputy City Clerk prior to the meeting date so that the material may be distributed to the City Council prior to the meeting.
Speakers must restrict comments to the item as it appears on the agenda and stay within a three minutes time limit (or lesser time if the Mayor determines it necessary due to the number of persons who may wish to speak on an item). The Mayor similarly has the discretion of limiting the total discussion time for an item as may be necessary.
ADOPTION OF THE AGENDA (This is the time for agenda modifications) ANNOUNCEMENT OF ACTION FROM CLOSED SESSION (if needed)
PRESENTATIONS
Proclamation: A Proclamation Honoring the Grand Opening and Ribbon Cutting of Communal Café
Proclamation: A Proclamation Honoring the Grand Re-Opening and Ribbon Cutting of Fur Traders
Proclamation: A Proclamation Honoring the Grand Opening and Ribbon Cutting of Mosh Posh Marketplace
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 August 24, 2022 Regular Meeting
Recommended Action: Review and approve
2. Accounts Payable – August 2022
Recommended Action: Receive and file
3. Police Activity Report August 2022
Recommended Action: Receive and file
4. Building Activity Report August 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 Exercising the First of Two Optional One Fiscal Year Extensions Available in the Agreement for Audit Services With R.J. Ricciardi, Inc. Authorizing Their Performance of the Fiscal Year Ending June 30, 2022 Audit and Authorizing the City Manager to Execute and Required Documents
Recommended Action: Exercise the agreement option, authorize R.J. Ricciardi, Inc. to perform the year ending June 30, 2022 audit, and authorize the executive of required documents
7. Consideration of the Surplus of One Nevada City Owned Fire Engine and Two Fire Staff Vehicles and the Authorization for the City Manage to Delegate Authority to the Fire Chief to Participate in the Needed Agreements with Ritchie Brothers Auctions for the Auction of the Three Vehicles
Recommended Action: Surplus the vehicles and authorize the City Manager to delegate authority for the auction of the vehicles
8. Consideration of the Fire Safety Advisory Committee Recommendation for the Appointment of the Five Community Committee Members for a Two-Year Term Ending September 15, 2024
Recommended Action: Make the recommended appointments
9. Consideration of the Special Event Street Closure Request for the 2022 300 SL Foundation Classic Car Luncheon
Recommended Action: Review, approve, and authorize the special event street closure requests per the submitted application
CONSENT ITEMS FORWARD (if needed): Items pulled from the Consent Agenda will be discussed individually with action taken by separate motion.
PUBLIC HEARINGS:
Notice to the Public:
The City Council, when considering the matter scheduled for hearing, will take the following actions:
a) Open the Public Hearing
b) Presentation by Staff
c) Presentation by Applicant or Appellant (if applicable) d) Accept Public Testimony
e) Applicant or Appellant Rebuttal Period (if applicable) f) Close the Public Hearing
g) Council Comments and questions
h) Council Action
Once the hearing is closed, no further public comment will be taken. If you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you, or someone else, raised orally at the public hearing or in written correspondence received by the city at or before the public hearing.
Public hearings listed for continuance will be continued as noted and posting of this agenda serves as notice of continuance. Any matter not noted for continuance will be posed separately.
10. Conduct a Public Hearing in Consideration of Ordinance No. 2022-10: An Ordinance of the City Council of the City of Nevada City, State of California, Adding Chapter 12.05 to the Nevada City Municipal Code, Establishing an Encroachment Permit Process for Allowing Outdoor Dining Operations within the City Rights-Of-Way, Including Sidewalk and Parklet Dining; and Consideration of Resolution No. 2022-59: A Resolution of the City Council of the City of Nevada City, California, Amending the Fiscal Year 2022-2023 Citywide Master Fee Schedule to Include Leasing and Permitting Fees Associated with Outdoor Dining Encroachment Permits
Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for September 28, 2022; adopt the fee resolution
11. Conduct a Public Hearing in Consideration of Ordinance No. 2022-11: An Ordinance Repealing Chapter 8.12 (“Garbage Disposal”) and Readopting Chapter
8.12 (“Solid Waste; Integrated Waste Management”) of Title 8 (“Health and Safety”) of the City of Nevada City Municipal Code Relating to Integrated Waste Management
Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for September 28, 2022
BUSINESS
12. Consideration of the Purchase of Two New Chevrolet Tahoe Police Patrol Vehicles from Enterprise in the Amount of $106,000; the Purchase of Standard Equipment to Outfit the Vehicles from Various Vendors in an Estimated Amount of $17,060; the Upfitting of the Vehicles by Geared-Up to Meet Emergency Vehicle Lighting and Safety Standards in the Amount of $32,100; and Authorize the City Manager to Issue Purchase Orders for all of the Items and Exercise a Contingency Amount Not-ToExceed $17,000 to Place The Vehicles in Service Recommended Action: Approve the purchases and authorize the purchase orders and contingency
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 September 14, 2022 Regular Meeting of the Nevada City City Council was posted September 9, 2022 at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed September 9, 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 September 14, 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.
Doug Fleming, Mayor
Daniela Fernández, Vice Mayor Gary Petersen, Council Member Adam Kline, Council Member Lou Ceci, 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 Fleming
_____ Vice-Mayor Fernández
_____ Councilmember Petersen
_____ Councilmember Kline
_____ Councilmember Ceci
MEETING PROCEDURES: All items on agenda will be open for public comments before final action is taken. Citizens wishing to introduce written material into the record at the public meeting on any item are requested to provide a copy of the written material to the Deputy City Clerk prior to the meeting date so that the material may be distributed to the City Council prior to the meeting.
Speakers must restrict comments to the item as it appears on the agenda and stay within a three minutes time limit (or lesser time if the Mayor determines it necessary due to the number of persons who may wish to speak on an item). The Mayor similarly has the discretion of limiting the total discussion time for an item as may be necessary.
ADOPTION OF THE AGENDA (This is the time for agenda modifications) ANNOUNCEMENT OF ACTION FROM CLOSED SESSION (if needed)
PRESENTATIONS
Proclamation: A Proclamation Honoring the Grand Opening and Ribbon Cutting of Communal Café
Proclamation: A Proclamation Honoring the Grand Re-Opening and Ribbon Cutting of Fur Traders
Proclamation: A Proclamation Honoring the Grand Opening and Ribbon Cutting of Mosh Posh Marketplace
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 August 24, 2022 Regular Meeting
Recommended Action: Review and approve
2. Accounts Payable – August 2022
Recommended Action: Receive and file
3. Police Activity Report August 2022
Recommended Action: Receive and file
4. Building Activity Report August 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 Exercising the First of Two Optional One Fiscal Year Extensions Available in the Agreement for Audit Services With R.J. Ricciardi, Inc. Authorizing Their Performance of the Fiscal Year Ending June 30, 2022 Audit and Authorizing the City Manager to Execute and Required Documents
Recommended Action: Exercise the agreement option, authorize R.J. Ricciardi, Inc. to perform the year ending June 30, 2022 audit, and authorize the executive of required documents
7. Consideration of the Surplus of One Nevada City Owned Fire Engine and Two Fire Staff Vehicles and the Authorization for the City Manage to Delegate Authority to the Fire Chief to Participate in the Needed Agreements with Ritchie Brothers Auctions for the Auction of the Three Vehicles
Recommended Action: Surplus the vehicles and authorize the City Manager to delegate authority for the auction of the vehicles
8. Consideration of the Fire Safety Advisory Committee Recommendation for the Appointment of the Five Community Committee Members for a Two-Year Term Ending September 15, 2024
Recommended Action: Make the recommended appointments
9. Consideration of the Special Event Street Closure Request for the 2022 300 SL Foundation Classic Car Luncheon
Recommended Action: Review, approve, and authorize the special event street closure requests per the submitted application
CONSENT ITEMS FORWARD (if needed): Items pulled from the Consent Agenda will be discussed individually with action taken by separate motion.
PUBLIC HEARINGS:
Notice to the Public:
The City Council, when considering the matter scheduled for hearing, will take the following actions:
a) Open the Public Hearing
b) Presentation by Staff
c) Presentation by Applicant or Appellant (if applicable) d) Accept Public Testimony
e) Applicant or Appellant Rebuttal Period (if applicable) f) Close the Public Hearing
g) Council Comments and questions
h) Council Action
Once the hearing is closed, no further public comment will be taken. If you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you, or someone else, raised orally at the public hearing or in written correspondence received by the city at or before the public hearing.
Public hearings listed for continuance will be continued as noted and posting of this agenda serves as notice of continuance. Any matter not noted for continuance will be posed separately.
10. Conduct a Public Hearing in Consideration of Ordinance No. 2022-10: An Ordinance of the City Council of the City of Nevada City, State of California, Adding Chapter 12.05 to the Nevada City Municipal Code, Establishing an Encroachment Permit Process for Allowing Outdoor Dining Operations within the City Rights-Of-Way, Including Sidewalk and Parklet Dining; and Consideration of Resolution No. 2022-59: A Resolution of the City Council of the City of Nevada City, California, Amending the Fiscal Year 2022-2023 Citywide Master Fee Schedule to Include Leasing and Permitting Fees Associated with Outdoor Dining Encroachment Permits
Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for September 28, 2022; adopt the fee resolution
11. Conduct a Public Hearing in Consideration of Ordinance No. 2022-11: An Ordinance Repealing Chapter 8.12 (“Garbage Disposal”) and Readopting Chapter
8.12 (“Solid Waste; Integrated Waste Management”) of Title 8 (“Health and Safety”) of the City of Nevada City Municipal Code Relating to Integrated Waste Management
Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for September 28, 2022
BUSINESS
12. Consideration of the Purchase of Two New Chevrolet Tahoe Police Patrol Vehicles from Enterprise in the Amount of $106,000; the Purchase of Standard Equipment to Outfit the Vehicles from Various Vendors in an Estimated Amount of $17,060; the Upfitting of the Vehicles by Geared-Up to Meet Emergency Vehicle Lighting and Safety Standards in the Amount of $32,100; and Authorize the City Manager to Issue Purchase Orders for all of the Items and Exercise a Contingency Amount Not-ToExceed $17,000 to Place The Vehicles in Service Recommended Action: Approve the purchases and authorize the purchase orders and contingency
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 September 14, 2022 Regular Meeting of the Nevada City City Council was posted September 9, 2022 at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed September 9, 2022 at Nevada City, California
____________________________________________________________ Gabrielle Christakes, Administrative Services Manager/Deputy City Clerk Honoring the Grand Opening and Ribbon Cutting of Communal Café
PROCLAMATION
WHEREAS, business initiation, development, growth and expansion are important threads that bind strong communities, and Communal Café is open for business at 233 Broad Street; and WHEREAS, Communal Café, under its new name and ownership, continues the long tradition of a coffee shop presence at the location in the historic downtown; and WHEREAS, Thalia Harris is owner and owner’s group representative of Communal Café; and WHEREAS, Thalia notes that the ownership is, “A group of entrepreneurs that came together in a community they want to improve and be a part of,” and that Communal Café is “dedicated to supporting the businesses by using farm fresh ingredients from local farms and retaining different makers of arts and goods”; and
WHEREAS, a grand opening and ribbon cutting ceremony will be held at Communal Café on September 16, 2022; and
WHEREAS, the grand opening and ribbon cutting ceremony will be an opportunity for the City, community, visitors, and other businesses to visit and enjoy Communal Café; and WHEREAS, the City Council and the City of Nevada City wish to recognize and applaud businesses as investors in our community;
NOW, THEREFORE, be it resolved that the City Council of the City of Nevada City does hereby honor the opening of Communal Café and urges those who visit, live, work, and play in Nevada City to Eat Local by patronizing Communal Café and all of our Nevada City businesses, or by attending the grand opening and ribbon cutting ceremony on September 16, 2022.
Dated this 14th day of September 2022
______________________________________
Doug Fleming
Mayor
Honoring the Grand Opening and Ribbon Cutting of Fur Traders
PROCLAMATION
WHEREAS, business initiation, development, growth and expansion are important threads that bind strong communities, and Fur Traders is open for business at 303 Broad Street; and WHEREAS, Fur Traders, under new ownership, continues the 44-year tradition of the shop’s presence at the location in the historic downtown; and
WHEREAS, Fur Traders is one of Nevada City’s longest running retail establishments having persisted through the pandemic; and
WHEREAS, Wendy Ermshar is the owner and proprietor of Fur Traders; and WHEREAS, Wendy notes that “As a native to Nevada County I appreciate the unique value that Fur Traders has brought to our Historical District and beyond for decades. It is on my heart to serve our community and visitors with quality, comfort, style, and fellowship through commerce”; and WHEREAS, a grand opening and ribbon cutting ceremony will be held at Fur Traders on September 19, 2022 at 4pm; and
WHEREAS, the grand opening and ribbon cutting ceremony will be an opportunity for the City, community, visitors, and other businesses to visit and enjoy Fur Traders; and WHEREAS, the City Council and the City of Nevada City wish to recognize and applaud businesses as investors in our community;
NOW, THEREFORE, be it resolved that the City Council of the City of Nevada City does hereby honor the opening of Fur Traders and urges those who visit, live, work, and play in Nevada City to Shop Local by patronizing Fur Traders and all of our Nevada City businesses, or by attending the grand opening and ribbon cutting ceremony on September 19, 2022.
Dated this 14th day of September 2022
______________________________________
Doug Fleming
Mayor
Honoring the Grand Opening and Ribbon Cutting of Mosh Posh Marketplace
PROCLAMATION
WHEREAS, business initiation, development, growth and expansion are important threads that bind strong communities, and Mosh Posh Marketplace is open for business at 110 York Street; and WHEREAS, Mosh Posh Marketplace, is new as business but continues the long tradition of a kitchen and retail presence at the location in the historic downtown; and WHEREAS, Shannon Byrd is owner of Mosh Posh Marketplace; and WHEREAS, Shannon notes that “Mosh Posh Marketplace began during the pandemic to fulfill a need for a commissary kitchen within the county” and that they “offer local and sustainable products and love to support small businesses within the community”; and
WHEREAS, a grand opening and ribbon cutting ceremony will be held at Mosh Posh Marketplace on September 15, 2022 at 4pm; and
WHEREAS, the grand opening and ribbon cutting ceremony will be an opportunity for the City, community, visitors, and other businesses to visit and enjoy Mosh Posh Marketplace; and WHEREAS, the City Council and the City of Nevada City wish to recognize and applaud businesses as investors in our community;
NOW, THEREFORE, be it resolved that the City Council of the City of Nevada City does hereby honor the opening of Mosh Posh Marketplace and urges those who visit, live, work, and play in Nevada City to Eat and Shop Local by patronizing Mosh Posh Marketplace and all of our Nevada City businesses, or by attending the grand opening and ribbon cutting ceremony on September 15, 2022.
Dated this 14th day of September 2022
______________________________________
Doug Fleming
Mayor
1 CITY OF NEVADA CITY
ACTION MINUTES
REGULAR CITY COUNCIL MEETING OF AUG 24, 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.
REGULAR MEETING – 6:31 PM - Call to Order
NISENAN TRIBE RECOGNITION
PLEDGE OF ALLEGIANCE:
Roll Call: Present: Mayor Fleming, Vice Mayor Fernàndez, Council Members Petersen, Kline and Ceci
ADOPTION OF THE AGENDA:
Action: Motion by Fernàndez, seconded by Ceci to adopt the agenda as presented. (Approved 5-0)
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 August 10, 2022 Regular Meeting
Recommended Action: Review and approve
2. Fire Activity Report – June 2022
Recommended Action: Receive and file
3. Consideration of Authorization of Procurement for a Tank System for Sodium Bisulfate storage from Misco Water in the Amount of $32,154 for Nevada City Wastewater Treatment Plant and Authorize the City Manager to Execute the Purchase Order Recommended Action: Authorize the procurement and authorize the City Manager to execute the purchase order
2 4. Consideration of Adoption of Resolution No. 2021-44: A Resolution of the City Council of the City of Nevada City Making the Legally Required Findings to Continue to Authorize the Conduct of Remote “Telephonic” Meetings During the State of Emergency Recommended Action: Reconfirm resolution
5. Second Reading and Adoption of Ordinance No. 2022-09: An Ordinance of the City of Nevada City, California Adding Chapter 12.32 (“Filming Activities”) to Title 12 (“Streets, Sidewalks and Public Places”) Regarding the Regulation of Filming Activities on or Using Public Property of the City
Recommended Action: Hold second reading and adopt ordinance Action: Motion by Petersen, seconded by Fernàndez to approve Consent Items 1-5.
Approved 5-0
BUSINESS
6. Consideration of an Extension of Time Request for Filing of a Final Map for the Project Known as Gracie Commons at 400 Gracie Road, Nevada City, California Recommended Action: Approve the Extension of Time for the Gracie Commons Tentative Final Map, the Use Permit accommodating the Planned Unit Development proposal, and the Architectural Review approval, subject to the Conditions of Approval as previously approved.
Action: Motion by Petersen, seconded by Ceci to approve the Extension of Time for the Gracie Commons Tentative Final Map, the Use Permit accommodating the Planned Unit Development proposal, and the Architectural Review approval, subject to the Conditions of Approval as previously approved.
Approved 5-0
7. Consideration to Accept, Receive, and File the Audit, Financial Statements, and Management Report for Year End June 30, 2021
Recommended Action: Receive a report from the City’s independent audit firm and staff and then accept, receive and file the audit and related documents Action: Motion by Kline, seconded by Fernàndez to receive a report from the City’s independent audit firm and staff and then accept, receive and file the audit and related documents.
Approved 5-0
8. Consideration of Award of a Professional Services Contract with TJKM Transportation Consultants for a Parking Demand Study in an Amount Not-to-Exceed $75,000 and Authorize the City Manager to Sign the Contract
Recommended Action: Award of Professional Services Contract for Parking Demand Study and authorize the City Manager to sign the contract
Action: Motion by Petersen, seconded by Fernàndez to award of Professional Services Contract for Parking Demand Study and authorize the City Manager to sign the contract Approved 5-0
CITY MANAGER AND COUNCILMEMBER REPORTS: Verbal report provided ADJOURNMENT: 7:49 PM
AYES:
3 NOES:
ABSTAIN:
ABSENT:
____________________________
Doug Fleming, Mayor
ATTEST:
____________________________
Niel Locke, City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: September 14, 2022 Agenda Item No. 03
Subject: Monthly Statistical Crime Data – August
From: Dan Foss, Chief of Police
Date: September 2, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
Attached you will find the monthly statistical crime report for the month of August for the Nevada City Police department. Some areas of interest have been identified in the chart below:
Report Type Numbers Last Year This Year Percent Change
General report 0 5 500%
Graffiti 0 5 500%
Misc Info Report 6 11 500%
Vandalism 1 6 500%
Warrant Arrest 4 8 400%
Felony Arrest 2 5 300%
Hit-Run 4 0 -400%
Based on the data provided above, it may initially appear we have an increase in crime. This is not the case, but rather we have made an increase in documentation of current crime. For example, previously we would not document minor vandalism, graffiti, nuisance calls (unhoused sleeping in business doorways), disturbance calls, or other minor violations. Now that staffing of the department has increased, we are documenting nearly all calls for service. This will allow us to realistically assess the situation and provide meaningful and real solutions to prolonged issued, especially centered in the downtown area. If done correctly, we should continue to see an increase in our numbers. Again, this is not an indication of increased crime, but rather an indication of increased documentation. Nevada City Police Department (NCPD) will always be available for comments, and will notify the council of any concerns.
Of particular note in the graph above is overall arrest and hit-and-run cases. We saw an increase in overall arrests by a large margin, and simultaneously saw a decrease in hit-and-run traffic collisions. This is due in part to NCPDs increase staffing levels, providing the officers move patrol time resulting in a reduction in crime and increase in community safety.
ATTACHMENTS:
Case Report
CURRENT PERIOD SAME PERIOD LAST YEAR CHANGE
Type Number Percent Cleared* Percent Number Percent Cleared* Percent Number Percent Case Report Type
ANIMAL 2 2% 0 0% 1 2% 0 0% 1 100%
ASSAULT - S 2 2% 0 0% 2 4% 1 50% 0 0%
AUTO THEFT 0 0% 0 0% 2 4% 0 0% -2 -200%
BURGLARY 1 1% 0 0% 0 0% 0 0% 1 100%
CODE ENFORCEMENT 1 1% 0 0% 0 0% 0 0% 1 100%
COURT ORDER 0 0% 0 0% 1 2% 1 100% -1 -100%
DECEASED PERSON 0 0% 0 0% 1 2% 0 0% -1 -100%
DISORDERLY 4 5% 2 50% 3 6% 2 67% 1 100%
DUI 2 2% 1 50% 1 2% 0 0% 1 100%
FOUND PROPERTY 5 6% 0 0% 6 11% 0 0% -1 -100%
FRAUD 2 2% 0 0% 2 4% 0 0% 0 0%
GENERAL 4 5% 0 0% 0 0% 0 0% 4 400%
GRAFFITI 5 6% 0 0% 0 0% 0 0% 5 500%
HIT-RUN 0 0% 0 0% 4 8% 0 0% -4 -400%
LIQUOR LAWS 1 1% 0 0% 0 0% 0 0% 1 100%
MENTAL HEALTH 2 2% 0 0% 0 0% 0 0% 2 200%
MISC INFO RPT 11 13% 0 0% 6 11% 0 0% 5 500%
MISSING 2 2% 0 0% 0 0% 0 0% 2 200%
MUNI CODE 0 0% 0 0% 1 2% 0 0% -1 -100%
MVSTOP 3 4% 0 0% 3 6% 0 0% 0 0%
NARCOTICS 1 1% 0 0% 0 0% 0 0% 1 100%
OA 2 2% 0 0% 0 0% 0 0% 2 200%
RECOVERED VEHICLE 1 1% 0 0% 1 2% 0 0% 0 0%
RUNAWAY JUVENILE 1 1% 0 0% 0 0% 0 0% 1 100%
THEFT 3 4% 0 0% 3 6% 0 0% 0 0%
TOW 3 4% 0 0% 3 6% 0 0% 0 0%
TRAFFIC 0 0% 0 0% 1 2% 0 0% -1 -100%
TRAFFIC COLLISION 2 2% 0 0% 2 4% 0 0% 0 0%
VANDALISM 6 7% 0 0% 1 2% 0 0% 5 500%
VOIDED CASE NUMBER 1 1% 0 0% 0 0% 0 0% 1 100%
WARRANT ARREST 8 10% 3 38% 4 8% 0 0% 4 400%
Total Case Reports 75 6 48 4 27
CURRENT PERIOD SAME PERIOD LAST YEAR CHANGE
Type Number Percent Cleared* Percent Number Percent Cleared* Percent Number Percent Arrest Type
Adult Arrests Felony 5 28% 1 20% 2 15% 0 0% 3 300%
Adult Arrests Misd 10 56% 3 30% 11 85% 4 36% -1 -100%
Juvenile Arrests Felony 0 0% 0 0% 0 0% 0 0% 0 0%
Juvenile Arrests Misd 0 0% 0 0% 0 0% 0 0% 0 0%
Warrant Arrests** 0 0% 0 0% 0 0% 0 0% 0 0%
All Other Arrests 3 17% 1 33% 0 0% 0 0% 3 300%
Total Arrests 18 5 13 4 5
RMS-185 v1.10 Printed 9/1/2022 3:30:23 PM Page 1 of 1 Total Pages * Cleared - Is determined by the case disposition where the case is cleared by an arrest or an exception. ** Arrest Type, Warrant Arrests - Are Warrant reports where warrant type = 'ARREST'.
CITY OF NEVADA CITY
317 BROAD ST.
POLICE DEPARTMENT
MONTHLY STATISTICAL REPORT
CLEARED BY DISPO STATUS
REPORT PERIOD
August 2022
NEVADA CITY, CA 95959
(530) 265-4700
Date Record NumberRecord Description Address Status
8/31/2022 223259
Express
Permit
Digital. REPLACE HEATING ADD COOLING TO EXISTING
RESIDENCE. All new heating and cooling components.This
permit includes one inspection. Final inspection required. 127 GROVE STREET,
Nevada City CA 95959 Issued
8/26/2022 223229
Express
Permit
Digital. Install Duro-Last "cool" membrane roof over existing roof.This permit includes one inspection. Final inspection required.
210 Broad, Nevada City
CA 95959 Issued
8/26/2022 223209
Full
Review
Convert existing living space 494 SF to a junior ADU. Close stairwell. Add galley kitchen.This permit includes 3
inspections. Final inspection required.
422 SACRAMENTO ST,
Nevada City CA 95959 In Review
8/25/2022 223181
Express
Permit
Digital. Replace existing heating and cooling equipment.
System located in/on side of building.This permit includes one inspection. Final inspection required.
201 PROVIDENCE
MINE ROAD, Nevada
City CA 95959 Issued
8/21/2022 223111
Express
Permit
WEB: Electrical service panel upgrade - 200 amps.PERMIT INCLUDES 2 INSPECTIONS.
101 GOLD TUNNEL
DRIVE, Nevada City CA
95959 Issued
8/19/2022 223105
Express
Permit
Tear off old. Reroof residence and shed with cool roof. 24 squares. Verification sewer back flow installed at project address at final inspection.This permit includes two
inspections. Final inspection required.
792 SEARLS AVENUE,
Nevada City CA 95959 Issued
8/17/2022 223075
Full
Review
DIGITAL: Install a 24kw Generac Whole Home Generator with standard 200amp Automatic Transfer Switch to run on
propane gas utilizing the existing propane tank on the
property.PERMIT INCLUDES 2 INSPECTIONS.
407 OLD DOWNIEVILLE
HIGHWAY, Nevada City
CA 95959 Issued
8/11/2022 222997
Express
Permit
DIGITAL: Replace existing cooling equipment in commercial kitchen. System #2. System located in/on side of building No duct test required.1 inspection.
400 RAILROAD
AVENUE, Nevada City
CA 95959 Issued
8/9/2022 222984
Express
Permit
DIGITAL: Tear off existing roof on commercial building, install Owens Corning lifetime shingles on sloped portion and DuraLast membrane on mechanical well. No exemption, installing cool roof. Sewer backflow prevention verification required. 1 inspection.
105 PROVIDENCE
MINE ROAD, Nevada
City CA 95959 Issued
August 2022 Building Activity Report
8/9/2022 222972
Express
Permit
Digital. PGE will install a new meter in the blank socket. This will be used by the City for Piazza Lighting on Commercial Street. The City will install a new shutoff in a box adjacent to the meter location.This permit includes two inspections. Final inspection required.
234 COMMERCIAL ST
(City Lighting), Nevada
City CA 95959 Finaled
8/9/2022 222965
Express
Permit
Digital. Installation of 50 amp spa circuit. (Backflow
Prevention Device Record on File with Nevada City and
uploaded to Accela)This permit includes two inspections. Final inspection required.
636 EAST BROAD
STREET, Nevada City
CA 95959 Issued
8/9/2022 222960
Express
Permit
Digital. Tear off existing roof on residence, install Owens Corning lifetime shingles. No exemption, installing cool roof.This permit includes one inspection. Final inspection required.
219 DRUMMOND
STREET, Nevada City
CA 95959 Issued
8/8/2022 222937
Full
Review
DIGITAL: Residential addition to the rear of the residence. 680 sf. with an unconditioned basement, 442 sf. Addition of a front entry, 54 sf. with a covered front porch, 84 sf. Remodel kitchen and bathroom. Work to include a new sewer backflow preventer.Includes 6 inspections.
514 NEVADA STREET,
Nevada City CA 95959 In Review
8/5/2022 222926
Express
Permit
Digital. 21 sq ft tear off 2 layers. Wood sub-fascia: replace 2x6 @ 20'. Re-deck Plywood 20' by 2'.  Refasten Roof Decking as needed.  21 felt: 30# politick, XFR.  No line valleys. 21 sq. ft. Recover pitched roof with metal. 35 year/ brand/color.
Step/ Counter Flash Walls/Chimneys existing. Metal edging:
size: existing color: existing. 51' Roof venting: Type: 8" repel vent. 51' Ridge Glass metal 8 1/2 RYL Ridge. This permit includes two inspections. Final inspection required.
505 LONG STREET,
Nevada City CA 95959 Issued
8/3/2022 222889
Express
Permit
Digital: Replace existing cooling equipment. System located in/on side of house. Inspector to verify sewer backflow prevention device. This permit includes one inspection. 342 BRIDGE WAY,
Nevada City CA 95959 Issued
8/3/2022 222888
Express
Permit
Digital: Installation of 60 amp circuit for client provided Tesla charger. Inspector to verify sewer backflow prevention
device.This permit includes one inspection.
310 DRUMMOND
STREET, Nevada City
CA 95959 Issued
8/2/2022 222867
Express
Permit
Digital: Tear off existing roof on residence and garage, install Owens Corning lifetime shingles. No ducts in attic. Backflow device verified by City of NC.This permit includes one
inspection.
514 NURSERY STREET,
Nevada City CA 95959 Issued
8/2/2022 222851
Express
Permit
Digital. Re roof, like for like, cool comp, 11 squares, minus front over hang that has shake. Actual address is 101 Boulder street.This permit includes one inspection. Final inspection required.
115 BOULDER STREET,
Nevada City CA 95959 Issued
8/1/2022 222815
Express
Permit
Digital: New split system gas furnace and air conditioner with all new duct work. New tankless water heater both system serving whole house 1662 square feet. Inspector to verify sewer backflow prevention device installed.This permit
includes one inspection.
236 BOULDER STREET,
Nevada City CA 95959 Issued
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: September 14, 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: September 9, 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: September 14, 2022 Agenda Item No. 06
Subject: Consideration of Exercising the First of Two Optional One Fiscal Year Extensions Available in the Agreement for Audit Services With R.J. Ricciardi, Inc. Authorizing Their Performance of the Fiscal Year Ending June 30, 2022 Audit and Authorizing the City Manager to Execute and Required
Documents.
From: Victoria Knoll, Chief Financial Officer
Date: September 9, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Exercise the agreement option, authorize R.J. Ricciardi, Inc. to perform the year ending June 30, 2022 audit, and authorize the executive of required documents.
ISSUE STATEMENT AND DISCUSSION:
Annually, the City of Nevada City issues audited financial and compliance reports. They are published to meet federal, state, and regulatory requirements, as well as provide a report to the City Council and citizens on the fiscal position of the City. The City’s auditors are required by standards to perform the audit to obtain reasonable assurance about whether the financial statements prepared by management are “free from material misstatement” and to report on the results in the Independent Auditor’s Report.
On February 27, 2019, after a competitive request for proposal (RFP), the City Council authorized an Agreement for Audit Services with R.J. Ricciardi, Inc. for audit services in fiscal years 2018-19, 2019-20, and 2020-21, with two optional extensions for fiscal years 2021-22 and 2022-23. R.J. Ricciardi completed the fiscal year 2020-21 audit which was approved by the City Council on August 24, 2022. Based upon R.J. Ricciardi’s experience and diligence in working with the City through COVID-19 and the transition of City Managers and Finance staff, staff recommends exercising the first of two optional extensions and authorizing their firm to perform the fiscal year end June 30, 2022 audit.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The attached audit engagement letter to perform the year end June 30, 2022.
ENVIRONMENTAL CONSIDERATIONS:
None
ATTACHMENTS:
Audit Engagement Letter
R. J. RICCIARDI, INC.
CERTIFIED PUBLIC ACCOUNTANTS
1101 FIFTH AVENUE, SUITE 360 SAN RAFAEL, CA 94901 TEL (415) 457-1215 FAX (415) 457-6735 www.rjrcpa.com August 4, 2022
Sean Grayson
City of Nevada City
317 Broad Street
City of Nevada City, CA 95959
Dear Sean Grayson:
We are pleased to confirm our understanding of the services we are to provide City of Nevada City for the year ended June 30, 2022.
Audit Scope and Objectives
We will audit the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information, and the disclosures, which collectively comprise the basic financial statements of City of Nevada City as of and for the year ended June 30, 2022. Accounting standards generally accepted in the United States of America (GAAP) provide for certain required supplementary information (RSI), such as management’s discussion and analysis (MD&A), to supplement City of Nevada City’s basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to City of Nevada City’s RSI in accordance with auditing standards generally accepted in the United States of America (GAAS).
These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient appropriate evidence to express an opinion or provide any assurance. The following RSI is required by GAAP and will be subjected to certain limited procedures, but will not be audited:
1. Management’s Discussion and Analysis.
2. Statements of Revenues, Expenditures and Changes in Fund Balance – Budget and Actual – for the General and Major Special Revenue Funds.
3. Proportionate Share of Net Pension Liability (Asset).
4. Schedule of Contributions.
The objectives of our audit are to obtain reasonable assurance as to whether the financial statements as a whole are free from material misstatement, whether due to fraud or error; issue an auditor’s report that includes our opinion about whether your financial statements are fairly presented, in all material respects, in conformity with GAAP; and report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment of a reasonable user made based on the financial statements.
The objectives also include reporting on internal control over financial reporting and compliance with provisions of laws, regulations, contracts, and award agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards.
City of Nevada City
R. J. RICCIARDI, INC.
Auditor’s Responsibilities for the Audit of the Financial Statements We will conduct our audit in accordance with GAAS and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of your accounting records of City of Nevada City and other procedures we consider necessary to enable us to express such opinions. As part of an audit in accordance with GAAS and Government Auditing Standards, we exercise professional judgment and maintain professional skepticism throughout the audit.
We will evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management. We will also evaluate the overall presentation of the financial statements, including the disclosures, and determine whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government. Because the determination of waste and abuse is subjective, Government Auditing Standards do not expect auditors to perform specific procedures to detect waste or abuse in financial audits nor do they expect auditors to provide reasonable assurance of detecting waste or abuse.
Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is an unavoidable risk that some material misstatements may not be detected by us, even though the audit is properly planned and performed in accordance with GAAS and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements.
However, we will inform the appropriate level of management of any material errors, fraudulent financial reporting, or misappropriation of assets that comes to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors.
We will also conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the government’s ability to continue as a going concern for a reasonable period of time.
Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, tests of the physical existence of inventories, and direct confirmation of receivables and certain assets and liabilities by correspondence with selected customers, creditors, and financial institutions. We will also request written representations from your attorneys as part of the engagement.
Our audit of financial statements does not relieve you of your responsibilities.
Audit Procedures—Internal Control
We will obtain an understanding of the government and its environment, including internal control relevant to the audit, sufficient to identify and assess the risks of material misstatement of the financial statements, whether due to error or fraud, and to design and perform audit procedures responsive to those risks and obtain evidence that is sufficient and appropriate to provide a basis for our opinions. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentation, or the override of internal control. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal City of Nevada City
R. J. RICCIARDI, INC.
control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards.
Audit Procedures—Compliance
As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of City of Nevada City’s compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards.
Other Services
We will also assist in preparing the financial statements and related notes of City of Nevada City in conformity with accounting principles generally accepted in the United States of America based on information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable professional standards. The other services are limited to the financial statement services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities.
You agree to assume all management responsibilities relating to the financial statements and related notes and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and related notes and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them.
Responsibilities of Management for the Financial Statements Our audit will be conducted on the basis that you acknowledge and understand your responsibility for designing, implementing, establishing, and maintaining effective internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, and for evaluating and monitoring ongoing activities to help ensure that appropriate goals and objectives are met; following laws and regulations; and ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles, for the preparation and fair presentation of the financial statements and all accompanying information in conformity with accounting principles generally accepted in the United States of America, and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements.
Management is responsible for making drafts of financial statements, all financial records, and related information available to us and for the accuracy and completeness of that information (including information from outside of the general and subsidiary ledgers). You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, identification of all related parties and all related-party relationships and transactions, and other matters; (2) additional information that we may request for the purpose of the audit; and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. At the conclusion of our audit, we will require certain written representations from you about your responsibilities for the financial statements; compliance with laws, regulations, contracts, and grant agreements; and other responsibilities required by GAAS and Government Auditing Standards.
Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements of each opinion unit taken as a whole.
You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial City of Nevada City
R. J. RICCIARDI, INC.
statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants and for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, or contracts or grant agreements that we report.
You are responsible for the preparation of the supplementary information, which we have been engaged to report on, in conformity with accounting principles generally accepted in the United States of America (GAAP). You agree to include our report on the supplementary information in any document that contains, and indicates that we have reported on, the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon OR make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information.
Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Scope and Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management’s views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information.
Engagement Administration, Fees, and Other
We understand that your employees will prepare all cash, accounts receivable, and other confirmations we request and will locate any documents selected by us for testing. Further, we understand that your employees will prepare all information we request in our Client Participation List in the format requested and send it to us 30 days prior to scheduling the audit field work. If you have insufficient personnel or time to prepare these items we can assist you in this area and we will discuss with you the additional time required and estimated fee for these services.
We will provide copies of our reports to the City of Nevada City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection.
The audit documentation for this engagement is the property of R.J. Ricciardi, Inc. and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to the regulator, or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for the purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of R.J. Ricciardi, Inc. personnel.
Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties.
These parties may intend or decide to distribute the copies or information contained therein to others, including other governmental agencies.
The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the regulator. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation.
City of Nevada City
R. J. RICCIARDI, INC.
Michael O’Connor is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them.
Our fee for these services will be at our standard hourly rates plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree that our estimated fee, including expenses, will be $26,000, plus $5,900 each per major program, if a Single Audit is required. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes thirty days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report.
You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination.
The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If additional time is needed for us to assist the City of Nevada City in the resolution or investigation of accounting errors, discrepancies, or reconciliation issues, assistance in the preparation of schedules, or to reflect in our workpapers corrections to the City of Nevada City’s accounting records made after the start of the engagement, we will perform such additional work at our standard hourly rates indicated below:
Director $200
Manager $130-150
Senior accountant $105-125
Staff accountant $70-95
Clerical $70
You may request that we perform additional services not addressed in this engagement letter. If this occurs, we will communicate with you the scope of the additional services and the estimated fees. We also may issue a separate engagement letter covering the additional services. In the absence of any other written communication from us documenting such additional services, our services will continue to be governed by the terms of this engagement letter.
In addition to the estimated fees noted above, we reserve the right to invoice City of Nevada City at our standard hourly rates time incurred providing information to successor auditors in compliance with AU Sec. 315. Our invoices and related fees for this service will be payable upon presentation.
We reserve the right to suspend or terminate our work if you have failed to fulfill your responsibilities set forth in this engagement letter, and such failure materially interferes with our work. If our work is suspended or terminated because of your failure to fulfill your responsibilities set forth in this engagement letter, you agree that we will not be responsible for your failure to meet government and other deadlines, for any penalties or interest that may be assessed against you resulting from your failure to meet such deadlines, and for any damages (including consequential damages) incurred as a result of the suspension or termination of our work.
Reporting
We will issue a written report upon completion of our audit of City of Nevada City’s financial statements. Our report will be addressed to the City Council of City of Nevada City. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinions, add a separate section, or add an emphasis-of-matter or other-matter paragraph to our auditor’s report, or if necessary, withdraw from this engagement. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or issue reports, or we may withdraw from this engagement.
We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which City of Nevada City
R. J. RICCIARDI, INC.
could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and on compliance and other matters will state (1) that the purpose of the report is solely to describe the scope of testing of internal control and compliance, and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control on compliance, and (2) that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance.
The report will also state that the report is not suitable for any other purpose. If during our audit we become aware that City of Nevada City is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements.
We appreciate the opportunity to be of service to City of Nevada City, and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us.
Very truly yours,
R.J. Ricciardi, Inc.
R.J. Ricciardi, Inc.
Certified Public Accountants
RESPONSE:
This letter correctly sets forth the understanding of City of Nevada City:
Management signature:
Title:
Date:
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: September 14, 2022 Agenda Item No. 07
Subject: Consideration of the Surplus of One Nevada City Owned Fire Engine and Two Fire Staff Vehicles and the
Authorization for the City Manage to Delegate Authority to the Fire Chief to Participate in the Needed Agreements with Ritchie Brothers Auctions for the Auction of the Three
Vehicles.
From: Mark Buttron, Fire Chief
Sean Grayson, City Manager
Date: September 1, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Surplus the vehicles and authorize the City Manager to delegate authority for the auction of the vehicles.
ISSUE STATEMENT AND DISCUSSION:
In 2005 the city purchased a new fire engine from Pierce Fire Apparatus in the amount of $300,000.00.
The fire engine, known as Engine 205, served the Fire Department as the primary response apparatus and then as a reserve response apparatus until removed from service in 2020. Engine 205 was removed from service due to increasing maintenance cost and reliability concerns. Engine 205 was replaced with a new Fire Engine which is currently in service at Fire Station 5 in Nevada City. The Fire Department maintains 2 reserve fire engines for use as needed, an Office of Emergency Services Fire Engine that may be used to supplement the fleet, and other apparatus to protect the city.
In 2018 the Fire Department acquired a Ford Explorer from Nevada City Police Department. The vehicle was used as a utility for the fire station until removed from service in 2021. The Explorer was determined to be unreliable for emergency services requiring maintenance that exceeded the operational value of the vehicle. The Fire Department maintains a utility at each of the 3 Fire Stations for use as a response vehicle, in the case of Fire Station 5 the utility responds to the Yuba River due to access issues, and for other various task not requiring a fire engine.
In 2001 the Fire Department purchased a Ford F150 as a utility for the fire station. This vehicle was removed from service in 2020 due to significant maintenance issues.
The attached memorandum from the Grass Valley Fire Fleet Supervisor details the condition and relative cost to repair and/or make safe the three vehicles. All three vehicles have a higher cost of repair than current value.
The Fire Department, in partnership with the City of Grass Valley, has used Ritchie Brother Auctions in the past with excellent results. Upon approval to surplus the vehicles noted above, the Fire Department will arrange transport of all vehicles to the auction yard of Ritchie Brothers for the next scheduled auction.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The Fire Department Fleet Supervisor estimated revenue for each vehicle as:
2005 Pierce Fire Engine $30,000
2018 Ford Explorer $5,000
2001 Ford F150 $1000
Actual revenue will depend upon the net of the sale of the vehicles as auction. The revenue generated from auction will return to the City and be placed into the Vehicle and Equipment Replacement Reserve Fund and be earmarked for future fire vehicle replacements.
ENVIRONMENTAL CONSIDERATIONS:
None
ATTACHMENTS:
Fire Fleet Supervisor Memo
CITY OF GRASS VALLEY
FIRE DEPARTMENT
125 East Main Street
Grass Valley, CA 95945
Mark Buttron
Fire Chief
To: Mark Buttron- Fire Chief
From: Darren McIntyre- Fire Fleet Supervisor
Re: Nevada City Surplus Fire Vehicles
Date: September 1, 2022
Below is a summary of repairs necessary and estimated cost to bring the proposed surplus vehicles into an operational state.
2005 Pierce Fire Engine
- Replacing head gasket due to external oil leak
- Repair secondary braking system (Jake Brake)
- Correcting a body lean of the fire body
- Estimated parts cost $20,000.00
- Estimated shop labor $2000.00
2018 Ford Explorer
- Repair/Replace Motor and Transmission Mounts
- Rebuild Transmission
- Repair heater/defroster actuator
- Locate and repair exhaust leak
- Engine hours exceed 12000
- Estimated parts cost $6000.00
- Estimated shop labor $1500.00
2001 Ford F150
- Replace all tires
- Repair brake system
- Replace/Repair shocks and suspension components
- AC nonfunctional
- Emergency lighting and wiring replacement
- Estimated parts cost $4000.00
- Estimated shop labor $1000.00
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: September 14, 2022 Agenda Item No. 08
Subject: Consideration of the Fire Safety Advisory Committee Recommendation for the Appointment of the Five Community Committee Members for a Two-Year Term Ending September
15, 2024
From: Sean Grayson, City Manager
Date: September 9, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Make the recommended appointments.
ISSUE STATEMENT AND DISCUSSION:
On March 11, 2020, the Nevada City City Council adopted Resolution 2020-19 establishing the Nevada City Fire Safety Advisory Committee. The two-year term of the five community members appointed to the committee by the City Council has ended. The requirements for participation in a City Council appointment committee are outlined in the Nevada City Council Standards and Procedures and include a requirement that all Council appointed Committee members be residents of Nevada City at the time of appointment and throughout the term of appointment.
One of the five originally appointed community committee members has resigned, and two others do not meet the residency requirement for reappointment. These two members, Annette Seabury and Terry Anderson will remain active in the committee serving as non-appointed contributing members. The Fire Safety Advisory Committee met on September 1, 2022, in a special meeting and recommended, through Councilmembers Ceci and Kline, that the City Council reappoint existing committee members Sam Gitchel and Teri Voorhes and make new appointments for the remaining three positions to Theo Fitanides, Alex Keebel-Toll, and Randall Frizell.
As identified in Resolution 2020-19 the appointments will be for a two-year period with the current five appointees serving through September 15, 2024.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None
ENVIRONMENTAL CONSIDERATIONS:
None
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: September 14, 2022 Agenda Item No. 09
Subject: Consideration of the Special Event Street Closure Request for the 2022 300 SL Foundation Classic Car
Luncheon
From: Sean Grayson, City Manager
Date: September 4, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Review, approve, and authorize the special event street closure requests per the submitted application
ISSUE STATEMENT AND DISCUSSION:
On August 15, 2022, the City received an application for a 2022 300 SL Classic on October 13, 2022 to be hosted by the 300 SL Foundation. The event is a drive in for the car foundation to have lunch in downtown Nevada City and show more than 40 Mercedes SL cars to the community. The event will also generate donations to local and national non-profits. The proposed event hours are 12:00pm to 3:00pm with parking in the designated areas being restricted by 9:00am.
The proposed parking space restrictions for the event includes:
- In front of the National Hotel
- In front of the Alpha Building
The proposed street closure for the event includes:
- Union Street between Broad Street and Main
- The Nevada Street City Parking Lot
A summary of the specific event characteristics and recommended staff conditions are included in the application packet. The primary considerations are for emergency access with standard conditions by the Fire Department and for parking and road closures from Public Works. The Nevada City Chamber of Commerce is not the applicant or host, but has made contact with the impacted businesses, is providing logistical support for the impact of the parking and road closures, and is coordinating a donation from the applicant to a local Nevada City non-profit group. Insurance information has not been provided but must be submitted prior to each event per the City’s application/contract.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The total fees to be collected if the application is approved are $275 including a $100 street barricade fee.
ATTACHMENTS:
Street Closure/Special Event Application and staff conditions Crrv or Nrvaon Crw
Specrll Evsmr AppucRrtoru / CorurnRcr
Type of Event (Check all that apply)
_ Parade/Procession Concert
Has this event been produced before?
ls this an annual event?
Will there be an admission or entry fee?
lf yes, fee per adult: S
Event Date(s)
Expected number of:
Attendees
Units and floats for parade: A A/ll
@ No drilr l01va6A
H6 i "
.510"r'
FEe per child: S
Participants F't Volunteers I L
Event Hours
Set-up
Break Down
Start ruoor.l End
o"r" * to/nl',,- rime Itlgl rr 12.: o\
ort" ro /rr lI> rime -C.'Oo
Faoot Si; between Iff,r((?\ u S 0,rr/\
D 0 o:o\fti] between Cnom (?\ & ArrA.d Or O,0nrrJerl.lL Names of street(s), sidewalk(s), alley(s) proposed to be closed (Attach additional pages or a map if necessary). Note that it may be necessary to consult with a Police Lieutenant (265-2626\ and/or the Public Works Superintendent (265-2496) to accurately identify requested street closures.
Additional Facilities Requested
Event organizers may be asked to complete a Facility Rental Contract with details about use of these additional facilities. Rental fees & cleaning deposits may apply. _ Robinson Plaza _ Calanan Park _ Other:
EVENr NAME: l.o ra ,ioo st Ltocl,rEVENT INFORMATION. please attach a detailed description of your event to this application (e.g.
Overall summary, open to the public? How being publicized? Kid/familyfriendly? Rain or shine? Etc.) { Street Festival/Block Party
_ Run/Walk/Bicycle \ rundraiser Other:
Please note whether your event includes any of the following. tf any appty, attach details. tnA$ _ Amplified sound
_ Stages/Platforms
_ Tents/Temporary Structu res
_ Concessions
_ Food Cooking
_ Animals will be present
_ Food Vendors
_ Alcohol sales
_ Temporary Lighting
APPTICANT INFORMATION
Sponsoringo.g.ni."tio;;;;;;;., $0$XL ror'rnaYo'J
Name of Applicant/Responsible Party Ct r,4 /t1c uJU r,J street Address ,, J t Hyat tt rfrci Apt/Unit/Suite
City A" frL^ra state h,4 Zip code ?f,Ir-r
,r.,r c,to,(, 9 ? ( R.f Q gor-.nrH,,ir
Daytime Phone Jfi-fr9-oYf( ce, Phone Pf F'- f Ff - Y I or, contact Phone J.f'.1 - fO?-g'f {l
n
Does the sponsoring organization have experience producing simitar events?1$/ No (Circle One) Event
Name
Email
Contact for Public lnformation
(.
;a
Website
Day of Event Contact lnformation I
on-site contact Name frtvo* lir,tfoJ
on-sitecontactcell Numbe, zj t - L?8 -Fgz(
Day of Event ATTERNATE Contact Information I
on-site contact Name Q natl blt t *11 f u)
on-site contact cett Numbe, Pf 8- (t,) -9 tOV
APPLICATION FEES
The City requires the payment of a non-refundable application fee upon submission of your completed application. Late fees apply to applications filed less than 90 days in advance of an event. The City does not guarantee any application submitted less than 45 days in advance will be able to be submitted to the City Council for consideration prior to the planned event. Please select from the following table the fee(s) that apply to your application:
/0O StOO timely application for single new event OR old event with new sponsor S50 Timely application for repeat of event with same sponsor SZS for each additional application for new event by the same sponsor StO for each additional application for repeat of event with same sponsor 1( S75 Additional fee for applications filed less than 90 days in advance of an event 5100 Rental Fee for Robinson Plaza or Calanan Park
5100 Cleaning Deposit for use of Robinson Plaza or Calanan Park s t'lf rota! Fees
2 APPLICANT AUTHORIZATION AND INDEMNITY
To the extent allowed by law, Applicant agrees to defend, indemnify, and hold harmless the City of Nevada City, its agents, officials, and employees from and against all claims, damages, losses, injuries, illness, accidents relating to, arising out of, or resulting from, the use of this Special Event Application and the information contained therein, and any resulting Contract.
Applicant acknowledges that the information provided in this Application is true and accurate to the best of Applicant's knowledge and belief.
I have read, understand and agree to comply with all the information provided in the Special Event Application (attached) and any resulting permits and Special Event Contract if approved by the City Council.
e'--- a/l-/
Signature of Applicant/Responsible Porty
P-,f.>^
Dote
3 Crrv or Neveoe Ctrv
Specrel Evrrur Gurorurues
OVERVIEW
Thank you for choosing the City of Nevada City as the location for your event. The City requires the submittal of a Special Event Application as a pre-condition of considering whether to enter into an agreement to grant temporary use of all or any portion of a public street, sidewalk or alley.
Application materials must be completed in full and submitted to the City at least 90 days prior to your event date, and no more than one year in advance of the event date. Applications are accepted on a first-come, first-served basis. A non-refundable application fee must be paid upon submission of your completed application. Use "NA" for "not applicable" to questions or sections that do not apply to your event. lncomplete applications will not be accepted and will delay processing which could affect the availability of your preferred event date or location. Please note the information you provide becomes public information.
City staff review the Application/Contract. Notes from Police, Fire, Public Works and Parks & Recreation will be presented to City Council for consideration. City Council approves or disapproves your Application/Contract at a formal noticed public meeting. Applicants are strongly encouraged to attend the designated City Council meeting in order to discuss their proposed event and answer related questions. Please ensure you have City Council approval before marketing or advertising your event.
EVENT REQUIREMENTS
Alcohol. lf alcohol is sold at your event, an Alcohol Permit from California Alcohol Beverage Control (ABC) is required. Please contact ABC at (916)419-1319.
Amplified Sound. lf the event will have amplified sound, applicant is required to have an event staff member responsible for monitoring sound levels to assure compliance with City noise standards when sound/music/noise may be audible beyond the event venue.
Business License. All vendors participating in an event held in Nevada City must obtain a current business license. For information about business license requirements, call City Hallat (530) 265-2496 x100.
Form of Payment. The City accepts payment in the form of cash, personal/business check, money order or cashier's check. Please note there will be a S25 service charge for all returned checks. lnsurance. The applicant and/or the sponsoring organization is required to provide proof of insurance. A current or valid Certificate of General Liability lnsurance in the amount of 51,000,000 and an endorsement (CG2026 or equivalent) naming the City of Nevada City as additional insured will be required at least 30 days prior to the event.
4 Event Notification. An event can change the normal flow of residential and business activity potentially causing a negative impact on the community. As the event organizer, you are responsible for notifying those residents and businesses that are adjacent to the planned closure prior to submission of your Application. Applicants must meet the Event Notification requirements unless the event is sponsored by the Nevada City Chamber of Commerce or has been approved and held annually in the same manner for three or more years. The preferred method of notification is the Requested Special Event Notification Form (Addendum A). Unless otherwise exempt, your application materials must include a signed Notification Certification (Addendum B) confirming adjacent residents and businesses were notified of the planned event.
Parking. Applicants will be required to work with the Nevada City Police Department to facilitate ingress/egress requirements for event participants.
Restrooms. Public restrooms are limited to two for downtown events, one at Robinson Plaza and one in the CommercialStreet parking lot. lf your event is planned for morethan 50 people or in an area away from either public restroom, you may be required to provide restroom accommodations and hand washing facilities for event attendees in the quantity prescribed by the City.
Waste Management/Recycling. You are responsible for properly disposing of all waste and garbage throughout the term of your event, and immediately upon conclusion of the event the area must be returned to a clean condition. Therefore, the City may require the applicant to provide trash and recycling containers if the event involves food or drink vendors. Should cleanup be inadequate or damage to City property occurs, you will be billed at full recovery rates, plus overhead for cleanup and repair.
Runs/Walks/Bicycle. lf you put chalk, stickers or other directional markings on streets, sidewalks or trails, these markings must all be removed at the end of your event.
CHECKLIST
Before you submit your application to the City of Nevada City, please make sure you have completed the following steps:
_ Sign AND date your Application/Contract.
_ Attach a detailed event description and additional information as needed _ Secure required insurance for the event.
_
lnclude a Notification Certification confirming businesses and residents have been notified of the planned event.
_ Calculate and include the applicable fee.
Submit your completed application to:
City of Nevada City, Attn. Special Event Applications, 317 Broad Street, Nevada City, CA 95959 5 Addendum A - Requested Street Closure/Special Event Notification Form PLEASE NOTE. You have received this notification because your property/business is located adjacent to a requested temporary street, sidewolk or alley closure thot is subject to City Council approvol at o future City Council meeting. Please monitor future City Council agendas for consideration of the following request.
STREET CLOSURE/SPECTAL EVENT INFORMATTON
Type of Event (Check all that apply)
_ Parade/Procession
Xstreet Festival/Block Party
-X*Fundraiser
_ Concert
Other:
Event Date(s) Expected Attendance
End i,'o0 0,r..
rime ll:00 *tv 1
/0$
Event Hours
Set-up
Break Down
Start f,,OOJ
o"r" l$!-)-, -.
,{rloe
{M 10"
Names of street(s), sidewalk(s), alley(s| proposed to be closed:
dnoan C)- between Fa,r( u /rvl- (fl
CoY,V rY
,i.,a,.l,.-, ur\- between
between
o.t"/o/rN L> rime .i;Oo fr*
between 0P^O ff a h,r,l.r/ 0rl C0r*^.,8c.4 2
sponsoring organizatio"
'.iOO Ie F-fraoY.on /
Event contact 0 *! , *rf ^, . Phone Number I f ,t. iOa 0"fl &
&
between
Event Website
6 Addendum B - Notification Certification
EVENT INFORMATION
sponsoringorganization iOOf,f Fo".roo\.(,J
Event Name -fOOSr C t^ff,ra
Event Date(s)
Event Location
Signature of Sponsor or Authorized Representative
I acknowledge I am responsible for providing notice of my requested event to all adjacent residents and businesses and certify that the entities listed below have been notified of the requested event.
Name (printed) tr)
\ton2tt trp
a AJgo k 4 rr$')*--, foo,,n
Name/Business Address Method of Notification
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
[Attach odditional pdges as needed]
7 CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: September 14, 2022 Agenda Item No. 10
Subject: Conduct a Public Hearing in Consideration of
Ordinance No. 2022-10: An Ordinance of the City Council of the City of Nevada City, State of California, Adding Chapter
12.05 to the Nevada City Municipal Code, Establishing an Encroachment Permit Process for Allowing Outdoor Dining Operations within the City Rights-Of-Way, Including Sidewalk and Parklet Dining; and
Consideration of Resolution No. 2022-59: A Resolution of the City Council of the City of Nevada City, California,
Amending the Fiscal Year 2022-2023 Citywide Master Fee
Schedule to Include Leasing and Permitting Fees Associated with Outdoor Dining Encroachment Permits
From: Amy Wolfson, City Planner
Date: August 30, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for September 28, 2022; adopt the fee resolution.
ISSUE STATEMENT AND DISCUSSION:
At the onset of the Covid-19 pandemic, City Council adopted Urgency Ordinance 2021-06 to allow outdoor dining on public and private property through a staff-issued permit as a pandemic exception to existing ordinances. Council extended the Ordinance multiple times and has most recently extended it until September 30, 2022, at their regular meeting held April 27, 2022, at which time they also directed staff to draft an Ordinance to establish a process for permanent outdoor dining within City Rights-ofWay.
In order to solicit comments from the Chamber of Commerce, merchants, and the broader community, the planning commission scheduled a public workshop at a special meeting on June 14, 2022. The workshop was attended by approximately 15 participants, all five commissioners, and staff. The majority of attendees were members of the Nevada City Chamber of Commerce representing businesses in the downtown. Staff has continued to receive feedback and comments as to the process since the workshop was conducted including through the Chamber of Commerce.
PROPOSED ORDINANCE:
The proposed ordinance is a modification of Title 12 “Streets, Sidewalks, and Public Places” and the City Engineer is the authorizing agent for permitting under this title. If the parklet and/or sidewalk dining environment were inside of businesses, they would be regulated under Title 17 “Zoning” and be subject to review of the City Planner and Planning Commission. In order to bridge the gap between the City rightof-way and the business seeking to have permitted use of the right-of-way, the proposed ordinance will use the Planning Commission, where defined, as a project review body with recommendations as to compliance forwarded to the City Engineer for consideration prior to his/her determination of issuance of an encroachment permit. In order to have the greatest amount of stakeholder input, the Planning Commission aided in the development of the ordinance.
The proposed Ordinance provides a regulatory process for the permitting of sidewalk dining and parklet dining. Discussion at the workshop informed the content of a draft Ordinance, which was presented to the planning commission at a special meeting held on August 4, 2022. Both parklet and sidewalk dining would require an encroachment permit to be issued by the City Engineer. Sidewalk dining will require permittees to select portable furniture based on Outdoor Furniture Design Guidelines and is intended to be a relatively simple process. Parklet permittees, at the discretion of the City Engineer, may go before the planning commission, acting as the architectural review committee, in order to obtain recommended conditions regarding aesthetics.
The commission recommended several amendments including a request to reduce the required width of unobstructed sidewalk alongside sidewalk dining from 4.5 feet to 4 feet so that more restaurants could potentially take advantage of a sidewalk dining encroachment permit. At the commission’s direction, staff also reached out to FREED Center for Independent Living, who advocated for a width of 5 feet, but also indicated that 4.5 feet was far superior to 4. In an attempt to balance the desire of both the merchants and accessibility needs as represented by FREED, the attached Ordinance remains at a 4.5-foot unobstructed sidewalk width requirement.
The commission also requested that staff reconsider adding in provisions for allowing tent structures.
However, tents increase risk of fire and wind uplift, degrade the visual environment, and are prohibited by building code in most circumstances. Outdoor dining permittees may choose to use umbrellas to provide shade to patrons. Shade and trellis structures constructed consistent with California Building Code could be permitted as part of a permit application outside of the Historic District.
APPLICATION AND LEASE FEES:
Staff is recommending a fee schedule for encroachment applications, renewal applications, and for annual lease of a public spaces. Application and renewal fees are intended to cover the direct cost associated with staff time for permit review and inspection including review by the Planning Commission where required.
The proposed fee structure for dining encroachment permits is reflected in the table below:
Application Type Rate
Parklet Dining Encroachment Permit $1500
Sidewalk Dining Encroachment Permit $300
Parklet Lease Fee – if paid monthly $316
Parklet Lease Fee – if paid annually $3000
Parklet Dining Encroachment Renewal $220
Sidewalk Dining Encroachment Renewal $300
The sidewalk dining encroachment permit includes both the permit processing amount of $220 and oneyear lease fee amount of $220 for a total of $300.
The parklet lease fee is based upon the annual use of two parking spots with a revenue loss to the City of $2000, a loss of parking value of $900, and a use of space fee of $900. The total parklet fee if paid annually equates to a commercial lease rate of $1.39 per square foot per month. The parklet lease fee offers a discount for payment in full at time of permit application over monthly payments to account for the reduced processing costs of the City.
Properties with current Temporary Outdoor Dining Permits that apply for a parklet encroachment permit or a conditional use permit for outdoor dining on private property will be charged the renewal Parklet Dining Encroachment Renewal for that application.
EXTENSION OF TEMPORARY PERMITS:
Temporary permits issued for outdoor dining are set to expire on September 30, 2022, pursuant to Council’s action on April 27, 2022 to extend the temporary permits permitted under Urgency Ordinance 2021-06. Once new standards are adopted as part of a regular ordinance, existing temporary permit holders on both private and public property will need to bring their outdoor dining operations into compliance. Furthermore, staff has yet to receive direction to develop ordinance provisions for sign, clothing rack, and planter encroachments within the sidewalk. Staff supports a transitionary time period to allow existing permit holders to obtain approval for compliant outdoor dining operations. Temporary permit holders that apply or file intent to apply for sidewalk or parklet encroachment permits by September 30, 2022, will be given a period of 90 days under which the provisions of the temporary permit may be maintained while processing the encroachment permits except that unsafe, illegal or activities otherwise not allowed by the temporary permits may be discontinued immediately. Staff may extend this 90-day period to align with the completion of application where appropriate. Staff also supports a reduction of application fees for current temporary permit holders and is asking Council to consider processing Dining Encroachment Permits and Conditional Use Permits (applicable to outdoor dining operations on private property) under the renewal fees indicated in the fee schedule above.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The proposed fees are intended to cover the cost associate with staff time to process Dining Encroachment Permits and provide any necessary inspections. The fee reduction recommended for current temporary outdoor dining permit holder will not cover staff’s full cost to process those applications. However, the reduced fees would be limited only to existing permit holders and acts as an acknowledgement of the potential significant cost to be incurred by businesses looking to transition their temporary outdoor dining operations to those that are compliant with the proposed Ordinance and with California Building Code.
ENVIRONMENTAL REVIEW:
Adoption of the attached Ordinance and Resolution are exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061(b) (3) of Title 14 of the California Code of Regulations because there is no possibility the adoption and implementation of this Ordinance may have a significant effect on the environment because the outdoor dining in the public rightsof-way will occur in conjunction with established restaurant and bar uses that are already zoned appropriately for the intended use, and in compliance with existing City regulations so their impact on the environment will be collectively minimal. Furthermore, individual outdoor dining encroachment projects that are consistent with these regulations are anticipated to be categorically exempt from CEQA under CEQA Guidelines Sections 15301 (existing facilities) and 15304(e) (minor temporary use of land having negligible or no permanent effects on the environment).
ATTACHMENTS:
• Ordinance No. 2022-10, Ordinance regulating Dining Encroachment Permits • Resolution No. 2022-59, Resolution adopting fees associated with Dining Encroachment Permits (with fee Exhibit)
• Furniture Design Guidelines as Recommended by Planning Commission ORDINANCE NO. 2022-10
AN ORDINANCE OF THE CITY OF NEVADA CITY, STATE OF CALIFORNIA, ADDING CHAPTER 12.05 TO THE NEVADA CITY MUNICIPAL CODE,
ESTABLISHING AN ENCROACHMENT PERMIT PROCESS FOR ALLOWING
OUTDOOR DINING OPERATIONS WITHIN THE CITY RIGHTS-OF-WAY,
INCLUDING SIDEWALK AND PARKLET DINING
WHEREAS, the City currently has an established process for permitting outdoor dining on private property through a Conditional Use Permit process for established restaurant uses within the Local Business (LB) and General Business (GB) zoning designations; and WHEREAS, the City recognizes that outdoor dining within the City right-of-way poses special issues of equitable use of public space and community health and safety concerns and therefore warrants additional permitting to ensure continued public use and health and safety provisions; and
WHEREAS, despite the ability of businesses to gradually re -open in accordance with State and local health requirements, restaurants are limited in their capacity to provide services in their existing facilities due to existing and ongoing social distancing recommendations and public preferences; and
WHEREAS, the City Council has received input from residents and businesses seeking appropriate City regulations in regulating permanent outdoor dining within public sidewalks and public parking spaces in a manner that promotes public health, safety and welfare; and WHEREAS, the City recognizes that outdoor dining benefits both residents, visitors, and business owners who perceive outdoor use as a safer dining option in light of the COVID-19 pandemic in order to maintain social distancing preferences; and WHEREAS, at their regular meeting held April 27, 2022, the City Council directed staff to draft an Ordinance to establish a process for permanent outdoor dining within the City Rightsof-Way WHEREAS, at its July 21, 2022 regular meeting, the Planning Commission of the City of Nevada City reviewed the Ordinance and having found it consistent with the City’s General Plan and other zoning regulations, recommended its approval to the City Council; and WHEREAS, the City Council finds the Ordinance consistent with the actions, goals, objectives, policies, and programs of the City of Nevada City General Plan in that incorporation of provisions for allowing permanent outdoor dining within the public right-of-way responds to the preference of the community to continue outdoor dining at established restaurants and bars even after the COVID-19 health emergency has ceased while maintaining reasonable traffic levels on local streets to protect residents from safety hazards and maintaining an aesthetic standard consistent with existing aesthetics; and
WHEREAS, the City has an important and substantial public interest in providing regulations to prevent safety, traffic and health hazards, as well as to preserve the peace, safety and welfare of the community.
WHEREAS, the City Council finds that the ordinance would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City, because it is an amendment to the Nevada City Municipal Code that establishes regulations for outdoor dining in the public right-of-way to ensure they are operating according to health and safety standards adopted by the state and that their operation does not pose a safety risks to motorists or pedestrians; and
WHEREAS¸ the City Council hereby finds that it can be seen with certainty that there is no possibility the adoption and implementation of this Ordinance may have a significant effect on the environment because the outdoor dining in the public rights-ofway will occur in conjunction with established restaurant and bar uses that are already zoned appropriately for the intended use, and in compliance with existing City regulations so their impact on the environment will be collectively minimal. The Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act pursuant to Section 15061(b) (3) of Title 14 of the California Code of Regulations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEVADA CITY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Preamble. The City Council finds that all the facts, findings, and conclusions set forth above in this Ordinance are true and correct.
SECTION 2. Chapter 12.05 entitled “Outdoor Dining within Public Rights-ofWay,” of Title 12 (Streets, Sidewalks, and Public Places) of the Nevada City Municipal Code is hereby to read as follows:
12.05 Outdoor Dining Encroachments within Public Rights-of-Way
12.05.010. Purpose of Provisions
It is the intent of this chapter to provide regulations for use by established indoor restaurant, winery, and/or bar businesses to operate an outdoor operation component within a portion of a City sidewalk (Sidewalk Dining Encroachment Permit) or within a public parking space (Parklet Dining Encroachment Permit). Outdoor dining operations shall be done in accordance with an indoor dining or drinking operation pursuant to the standards of operation outlined in this chapter.
12.05.020 Definitions.
For purposes of this Chapter, the following words or phrases shall have the following meanings:
A. "Qualifying Business" means any restaurant, food establishment, or bar or winery serving food and/or drink, which will operate both indoors and outdoors, and in compliance with local and State regulations.
B. “Sidewalk Dining Encroachment Permit” means a permit issued to a Qualifying Business by the City Engineer for serving food and/or drink by a restaurant, or winery, or bar business operating in an adjacent building with service occurring on a portion of a City sidewalk.
C. “Parklet Dining Encroachment Permit” means a permit issued to a Qualifying Business by the City Engineer for serving food and/or drink by a restaurant, or winery, or bar business operating in an adjacent building, with service occurring within a curbside parking space or spaces.
D. “Parklet” is a fixed encroachment placed in the curbside parking space that is used principally for commercial activity by a Permittee operating a restaurant, or winery, or bar business within an adjacent building during specified business hours.
E. “Portable” shall mean that furnishings and amenities meet the following criteria: 1) capable of being removed with 24 hours’ notice; 2) can be removed without mechanized equipment; and 3) can be temporarily anchored for safety and security.
12.05.030 Operational Standards Applicable to all Dining Encroachment Permits A. Adjacency to Storefront –Dining Encroachment Permits may only be issued to Permittees along the frontage of the storefront that is applying for the encroachment. Encroachments are not allowed to use the frontage of adjacent storefronts to expand their territory.
Encroachments shared with adjacent businesses may be filed through a joint application and will be considered on a case-by-case basis. The shared encroachment area cannot exceed the frontage for the combined businesses.
B. Smoking of any kindis prohibited on any Sidewalk and/or Parklet space operating under a Dining Encroachment Permit.
C. Proper and adequate storage and disposal of debris andgarbage shall be the responsibility of the business and secured after the business is closed.
D. The Permittee or its employees or volunteers shall walk a 25-foot radius from the Outdoor Dining Encroachment Permit area within 30 minutes after close of business and shall pick up and dispose of any discarded trash within the radius.
E. Any approved use of a Dining Encroachment Permit is limited to the normal hours of the Permittee’s business operation within the adjacent building.
F. The license fee amounts for Dining Encroachment Permits shall be set forth in a Resolution adopted by the City Council.
G. The Dining Encroachment Permit application and renewal fees shall be set forth in a Resolution adopted by the City Council.
H. A Dining Encroachment Permit is not transferrable. Any new business must reapply for a Dining Encroachment Permit and demonstrate compliance with all applicable provisions of this chapter and with the prior Permit, if applicable.
I. All portable furnishings and fixtures shall comply with the following standards:
1. Material shall be natural wood, manufactured stone, or wrought iron, or wrought iron in appearance (see outdoor furniture design guidelines).
2. The furniture shall be traditional in style and consistent with outdoor dining furniture guide, as may be amended by the City Planner
3. The seat of the chair shall not exceed 24" in height and the overall dimension of the chair shall not exceed 24" wide x 24" deep x 42" tall.
4. Furniture shall be rated to meet standards of the California Fire Code.
J. Outdoor dining is not permitted where, in the opinion of the City Engineer, the speed, volume or nearness of vehicular traffic is not compatible with outdoor dining. All outdoor dining areas must be adjacent to and incidental to the operation of a food, wine, or alcohol service establishment providing on-premises customer seating properly licensed for such service pursuant to state and county environmental health regulations.
K. The issuance of a Dining Encroachment Permit shall be at the discretion of the City Engineer and shall not be an obligation of the City. At any time, the City may revoke or limit the terms of the permit in order to address public safety concerns, facilitate adequate traffic flow, address parking needs and ADA access, or other needs of the City.
L. The service of alcoholic beverages shall be restricted solely to on-premises consumption by customers within the outdoor dining area. Each of the following standards apply to outdoor dining areas which provide alcoholic beverage service:
1. The outdoor dining area must be immediately adjacent to and abutting an indoor restaurant which provides food and/or beverage service;
2. The outdoor dining area must be clearly and physically separated from pedestrian traffic;
3. The operator shall post a written notice to customers that the drinking or carrying of an open container of alcohol is prohibited outside the outdoor dining area;
4. The outdoor dining operations must be duly licensed by the state Department of Alcoholic Beverage Control.
M. All heating implements shall meet regulations of the California Fire Code and shall comply with the following:
1. The use of temporary space covers of any type is prohibited.
2. The use of heating devices shall be approved with the following requirements:
i. Heating devices shall have a minimum thirty-six (36) inch clearance between the heat source and any flammable/combustible material(s), such as any umbrella canvas, any foliage, or any other flammable object or material. Heaters are not allowed under umbrellas but can be placed near them if clearances are maintained. Clearance shall always be maintained. ii. A minimum of one (1) fire extinguisher with a minimum size and rating of five (5) lb., 2-A:10-B:C shall be provided. All fire extinguishers shall be serviced annually and have a current service tag issued by a licensed fire extinguisher company within the past one-year period.
iii. Heating devices shall be arranged to eliminate burn and/or tripping hazard to the public and/or workers.
3. Portable LPG tanks used for heating devices:
i. Shall be secured in an upright position and in an approved manner (safety valves located on top)
ii. Shall be located so as not to be a tripping hazard for the public and/or workers.
iii. Shall have a maximum allowable size of twenty (20) pound / five (5) gallon capacity.
4. The use of fuel fired heating and/or flame producing devices is prohibited. This does not limit use of UL listed devices that operate consistent with the Fire Code.
N. All furnishings and fixtures must be designed to be weighted down for wind protection.
O. The maximum term of a dining encroachment permit is one year; thereafter, the City Engineer may renew the license for additional periods, not to exceed one year each, following review and approval of the operation. If the City Engineer considers additional or revised conditions desirable, such new conditions may be imposed upon the extension, including the imposition of a license renewal fee.
P. Limitations on City’s Liability. To the fullest extent permitted by law, the City of Nevada City shall not assume any liability whatsoever with respect to having issued a dining encroachment permit pursuant to this Chapter. As a condition to the approval of any dining encroachment permit, the applicant shall be required to meet all of the following conditions:
1. They must execute an agreement, in a form approved by the city attorney, agreeing to indemnify, defend (at applicant’s sole cost and expense), and hold the City of Nevada City, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City’s issuance of the dining encroachment permit, the City’s decision to approve the operation of outdoor dining within the right-of-way or activity, to process used by the City in making its decision, or the alleged violation of any federal, state or local laws by the outdoor dining business or any of its officers, employees or agents.
2. Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the city attorney.
3. Reimburse the City of Nevada City for all costs and expenses, including but not limited to attorney fees and costs and court costs, which the City of Nevada City may be required to pay as a result of any legal challenge related to the City’s approval of the applicant’s dining encroachment permit, or related to the City’s approval of outdoor dining activity. The City of Nevada City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed hereunder.
Q. An application for Outdoor Sidewalk and/or Parklet Dining shall include the following minimum requirements:
1. A list of and frequency schedule for routine maintenance tasks, including pressure washing dining area
2. Material specs and brochures for all material and furniture improvements.
Material specs and brochures for heating implements shall also be provided if use is to be year-round.
3. Photographs of existing conditions on the site, including pictures of the building that hosts the primary business.
4. A conceptual site plan depicting how the space will be configured, including the introduction and placement of any temporary physical elements, dimensions of fixed and portable furniture, dimensions of the space, any existing fixed obstacles and four and one-half feet (54 inches) of unimpeded sidewalk width that is compliant with ADA standards, applicable to Sidewalk outdoor dining. If operation is to occur year-round, applicant must provide a cold-weather conceptual site plan, showing all furniture including location and material specs of heating implements if they are to be used.
5. Permittee’s liability and indemnification Agreement at limits as specified by the City Attorney.
12.05.040. Additional Sidewalk Dining Operational Standards.
A. The City Engineer or his designee shall be responsible for issuance of a Sidewalk Dining Encroachment Permit, provided it complies with the requirements of this chapter.
B. All sidewalk service shall occur in a manner that maintains a path of unimpeded access at least four and one-half feet (54 inches) wide that is compliant with ADA standards across the sidewalk fronting their sidewalk dining space, including any existing fixed obstacles and proposed improvements, as measured to the back of the curb return.
C. All tables, chairs, and fixtures shall be portable and completely removed from the sidewalk during times when the business of the Permittee is not operating.
D. Umbrellas - Umbrellas shall be pressure-treated or manufactured of fire-resistant material.
No portion of an umbrella shall be less than 96 inches above the sidewalk, not including the umbrella support post.
E. A Permittee’s right to occupy the sidewalk shall be conditioned upon the obligation to remove or modify their sidewalk dining amenities at any time, as necessary for any City project or maintenance work.
F. All proposed lighting shall be hardwired to the building’s electrical supply and compliant with Section 17.80.215 of the City Municipal Code, with specific light fixtures to be certified as “Dark Sky Approved” by the International Dark Sky Association and approved under an Architectural Review permit. Existing, permitted lighting may be used to illuminate the dining space.
12.05.050. Additional Parklet Operational Standards.
A. The City Engineer or his designee shall be responsible for reviewing a Parklet Dining Encroachment Permit. The City Engineer or his designee may receive a recommendation from the architectural review committee for denial, approval, or approval with conditions based on the design of the parklet being compatible with the adjacent building(s) prior to issuance of a Parklet Dining Encroachment Permit..
B. Parklets may only be constructed on streets with speed limits of 25 mph or lower.
C. Portable seating, tables and amenities shall be removed from the Parklet space at such times when the Parklet is not being activated for commercial use by the Permittee during business hours unless the Permittee has provided for one of the following in their approved application:
1. The portable furniture is in place for use by the public as desired by the Permittee, and as indicated in the permit.
2. The portable furniture is secured in a method as approved by the City Engineer to be safe, and aesthetically pleasing, (no tarps or jumbled pile) D. A Permittee’s right to occupy the Parklet Space shall be conditioned upon the obligation to remove or modify the Parklet at any time, as necessary for any City project or maintenance work.
E. Parklet plans shall be designed by a design professional, such as an engineer or an architect and shall be constructed in accordance with an issued building permit consistent with California Building Code and designed pursuant to the following minimum requirements:
1. A parklet shall be located in parallel parking space(s) at a length of one or two parallel parking spaces. A minimum of 48 feet or three parallel parking space buffers, whichever is greater, is required from the nearest parklet.
2. A minimum of 16 feet or one parallel parking space buffer, whichever is greater, is required when adjacent to a driveway or crosswalk.
3. A parklet shall not block sight distance of motorists at intersections. Accordingly, a parklet may not be located less than 25 feet from a roadway intersection. The final distance required may vary based on the surrounding roadway conditions, and shall be subject to the approval of the City Engineer
4. A parklet shall not be permitted directly across the street from another parklet.
5. A parklet shall not be permitted within a green temporary zone, yellow loading zone, blue accessible parking zone, or red no parking zone.
6. A parklet shall not be constructed over or obstruct utility access panels, manhole covers, storm drains, and must maintain a minimum distance of four feet from a fire hydrant. A minimum clearance of 8 feet from storm drains and manhole covers will be required to allow for maintenance access, though the City Engineer may grant an exception to this clearance based on an exceptional design that accommodates access upon immediate notice. Parklets proposed under overhead utility lines will be required to meet the minimum distance requirements as established by the CPUC. Parklets that block the outlet of a sidewalk underdrain will be required to ensure the outlet is functional and flowing.
7. The outer perimeter of a parklet adjacent to the street and parking shall have a reflective element and protective barrier such as bollards or solid planter.
8. Shall be designed as an elevated platform that allows the parklet to serve as an extension of the sidewalks and made fully accessible.
9. Shall incorporate railings to demarcate the exterior of the parklet from the street and surrounding parking spaces. Planters may be interspersed if desired.
10. Parklet seating areas must comply with all requirements of the Americans with Disabilities Act (ADA) and provide sufficient clearance and walkway space to allow safe access and egress
F. Electrical connections – Overhead and on-the-ground extension cords shall not be permitted. Lighting may be solar or battery-operated lighting or may be hardwired using the existing business electrical service and placed in a conduit that runs underground to the parklet platform. All wiring and electrical cords must be exterior rated, GFCI protected, and UL listed. Businesses are not allowed to connect into existing City electrical connections. Generators are not allowed in association with Outdoor dining encroachment permits, except for use during emergency power outage.
1. Lighting shall be consistent with Section 17.80.215 of the City Municipal Code, with specific light fixtures to be certified by the International Dark Sky Association
G. Trellises and shade structures are not allowed within the Historic District.
Trellises and shade structures may be permitted outside the Historic District and must be constructed in accordance with an issued building permit. Tents of any kind are not permitted.
H. The City shall have the right to construct a public Parklet irrespective of the above standards.
I. Platform Design Criteria:
1. Materials - Platforms must be constructed from durable materials that can withstand wear and tear of elements. Pouring concrete for parklet platforms is not allowed. You may use concrete pavers on a platform structure instead. Surface materials must be textured or treated with a non-skid coating to ensure a safe walking surface. Loose particles, such as sand or loose stone, are not permitted.
2. Maintenance access - Parklets must be designed to provide access under the platform to allow for maintenance (e.g. repairs or clearing debris). If the platform base is not a solid mass, access can be provided through access panels, removable pavers, or other means.
3. Platform Threshold - The platform threshold must be flush and even with sidewalk and ADA compliant with a horizontal gap no greater than 1/2 inch, and a change in level of no greater than 1/2 inch. Changes in surface level 1/4-inch through 1/2-inch vertically must be beveled.
4. Drainage - Platforms should allow for curbside drainage flow. A 3-inch height by 12-inch width minimum clear gutter space must be provided along the entire length of the proposed platform. Openings at either end of the parklet may be covered with screens to prevent debris buildup beneath the platform and in the gutter. It is the responsibility of the parklet permittee to clean the cover or screen to prevent any backup of storm water. All parklets must provide access through the parklet platform or threshold to the gutter adjacent to the curb.
5. Bolting Not Allowed - At no time may structures be bolted or affixed in any way to the roadway, a structure, or public fixture (including but not limited to:
buildings, fire hydrants, street trees, streetlight, parking meters, or traffic poles, etc.) An exception to this is that bollards or other barriers for traffic protection may be approved by the City Engineer.
6. ADA Accessibility - All accessibility elements of the proposed platform shall be designed, constructed and/or conform to the applicable provisions, rules, regulations and guidelines of the California Building Code and Americans with Disabilities Act.
7. Railing design shall be consistent with the City’s sidewalk rail design that emulates the design of the historic Pine Street Bridge as provided in the detail below, or another design as may be recommended by the architectural review committee and approved by the City Engineer.
City Sidewalk Railing Aesthetic to be Applied to Parklet Railing Enclosures
12.05.060 Enforcement Actions; Penalties
A. If a permit to place the structure or furniture has been rescinded or expired, before any such structure or furniture is seized, the Permittee shall be notified and given 10 business days to remove the structure or furniture. If the Permittee does not remedy the underlying violation leading to the rescission of the permit and/or apply for a Dining Encroachment Permit within the time prescribed, the City may seize, remove, or demolish the structure or furniture.
B. Seized furniture shall be retained by the City and may be recovered by the responsible party for a period of at least 30 business days following seizure. As a condition ofrecovering any furniture seized pursuant to this Section or receiving a subsequent Outdoor Dining Permit, the Permittee shall pay an impound fee covering the actual cost to the City of transporting and storing such furniture.
C. Public Works may demolish any unpermitted structure placed in the right-of-way. Where a Permittee is responsible for an unpermitted structure that requires demolition, the Permittee shall not be eligible for a subsequent Dining Encroachment Permit until the Permittee has paid the fee covering the actual costs to the City of demolishing and disposing of the structure(s). Such recoverable costs may include those incurred by Public Works and any other City department, including the City Attorney’s Office, fortime and materials spent enforcing the requirements of the permit.
D. If a Permittee does not pay the permit fee within 30 days after it becomes due and payable, the City shall add 10% to the amount of the permit fee as a penalty for nonpayment. If the permittee does not pay the fee within 45 days after it becomes due and payable, the City shall issue notice of overdue payment and may revoke the permit if payment is not made within 60 days after the permit fee is due and payable.
E. Upon revocation or expiration of an outdoor dining permit by the City or withdrawal by the permittee, all improvements shall be removed, and the site returned to its original state to the satisfaction of the City Engineer.
F. Cost Recovery for Removal: As a condition of parklet permit issuance, the parklet permittee shall agree to remove the parklet completely upon revocation by the City or termination by the permittee. If the parklet permittee abandons the parklet prior to the end of the parklet permit term or refuses to remove the parklet upon request or termination of the parklet permit, the City will bill the permittee in an amount the City determines is necessary to pay for the cost to remove the parklet and restore the right of way.
G. Protest of Non-Issuance: Dining Encroachment Permits shall be issued at the discretion of the City Engineer. Protest of non-issuance may be made to the City Manager who may overturn the decision of City Engineer.
SECTION 3. Inconsistences. Any provision of the Nevada City Municipal Code or appendices thereto inconsistent with the provisions of the Ordinance, to the extent of such inconsistencies and no further, are suspended or modified to that extent necessary to affect the provisions of this Ordinance, but only during the term of this Ordinance.
SECTION 4. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. The City Council of the City of Nevada City declares that it would have adopted all the provisions of this ordinance that remain valid if any provisions of this ordinance are declared invalid
SECTION 5. Effective Date. This ordinance shall take effect thirty (30) days after its final passage and within fifteen (15) days after its passage, the City Clerk of the City of Nevada City shall certify to the passage and adoption of this ordinance and to its approval by the Mayor and City Council and shall cause the same to be published in a newspaper in the manner required by law.
SECTION 6. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.
PASSED, APPROVED AND ADOPTED this ________ day of ___________2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Doug Fleming, Mayor
ATTEST:
Niel Locke, City Clerk
APPROVED AS TO FORM
Dean J. Pucci, City Attorney
RESOLUTION NO. 2022-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY AMENDING THE FISCAL YEAR 2022-2023 CITYWIDE MASTER FEE SCHEDULE TO
INCLUDE LEASING AND PERMITTING FEES ASSOCIATED WITH OUTDOOR DINING
ENCROACHMENT PERMITS
WHEREAS, the City Council adopted a Fiscal Year 2022-2023 Citywide Master Fee Schedule at their regular meeting on June 22, 2022; and
WHEREAS, the City Council held a first reading on an Ordinance for Outdoor Dining Encroachment Permit process, Ordinance 2022-10, to establish regulations for outdoor dining and/or drinking in the public right-of-way; and
WHEREAS, the fees set forth below, represent an amendment to the 2022-2023 Citywide Master Fee Schedule for the category of “Planning and Engineering”, to include fees to cover costs associated with the permitting and leasing parking spaces and sidewalk space to accommodate Outdoor Dining Encroachments and are reasonable and accurate estimates of the costs to the City of Nevada City for providing this service.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nevada City as follows:
1. The proposed fees set forth in Exhibit A, attached hereto and incorporated by reference, are hereby approved and adopted
PASSED AND ADOPTED at a regular scheduled meeting of the City Council held on this 14th day of September, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Doug Fleming, Mayor
ATTEST:
____________________________
Niel Locke, City Clerk
Resolution 2022-60
Exhibit A
Outdoor Dining Encroachment
To be added to the Master Fee Schedule, Planning and Engineering:
Application Type Flat Fee/Deposit Rate Authorization
Parklet Dining Encroachment Permit Flat $1500 Resolution 2022-59 Sidewalk Dining Encroachment Permit1 Flat $300 Resolution 2022-59 Parklet Lease Fee – if paid monthly Flat $316 Resolution 2022-59 Parklet Lease Fee – if paid annually Flat $3000 Resolution 2022-59 Parklet Dining Encroachment Renewal2 Flat $220 Resolution 2022-59 Sidewalk Dining Encroachment Renewal1 Flat $300 Resolution 2022-59
1. Includes permit and annual lease fee
2. Includes transition from Temporary Outdoor Dining Permit to Parklet Dining Encroachment Permit or from Temporary Outdoor Dining Permit (Private Property) to Conditional Use Permit for outdoor dining use.
Nevada City Outdoor Dining Furniture Design Guidelines
PORTABLE FURNITURE
Portable outdoor dining furniture must match within each permittee's area and shall be of a commercial grade, manufactured for outdoor commercial use.
MATERIALS AND FINISHES (Sample Images)
Tables shall be constructed of metal, wood, or manufactured Stone and finishes in wrought iron appearing, or a natural wood that may be stained.
Nevada City Outdoor Dining Furniture Design Guidelines
SEATING DIMENSIONS
The seat of the chair shall not exceed 24" in height and the overall dimension of the chair shall not exceed 24" wide x 24" deep x 42" tall.
MATERIALS AND FINISHES (Sample Images)
Chairs shall be constructed of metal in a wrought iron finish, or natural wood that may be stained.
Upholstered chairs, plastic chairs, benches, booths, sofas, or fluorescent or other strikingly bright or vivid colored chairs shall not be permitted. Examples of acceptable chair styles are below.
UMBRELLAS (Sample Images)
Umbrella canopies shall consist of a marine grade canvas that is fire-retardant, pressure-treated or manufactured of fire-resistant material. Vinyl fabric shall not be permitted. Umbrellas shall provide 8-foot vertical clearance. Fabric shall not contain any logos, lettering, or graphics and shall be a solid color in brick red, beige, tan, black, or brown (sample swatches below are Sunbrella brand).
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: September 14, 2022 Agenda Item No. 11
Subject: Conduct a Public Hearing in Consideration of
Ordinance No. 2022-11: An Ordinance Repealing Chapter 8.12 (“Garbage Disposal”) and Readopting Chapter 8.12 (“Solid Waste; Integrated Waste Management”) of Title 8 (“Health and Safety”) of the City of Nevada City Municipal Code Relating to Integrated Waste Management
From: Sean Grayson, City Manager
Date: August 30, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for September 28, 2022.
ISSUE STATEMENT AND DISCUSSION:
Senate Bill (SB) 1383 (Chapter 395, Statutes of 2016) directed the California Department of Resources Recycling and Recovery ("CalRecycle") to adopt regulations to reduce organic waste statewide by 50% from its 2014 baseline level by 2020 and 75% by 2025. SB 1383 also requires the regulations to recover, for human consumption, at least 20 percent of edible food that is currently thrown away. The purpose of SB 1383 is to reduce methane and greenhouse gas emissions resulting from landfilled organic waste, and the impact on climate change. The regulations promulgated by CalRecycle to implement SB 1383 (the SB 1383 Regulations) were finalized in late 2020 and took effect on January 1, 2022. The SB 1383 Regulations require the City to adopt and enforce an ordinance to implement the SB 1383 Regulations (this SB 1383 Ordinance).
The SB 1383 Ordinance will require all residents and businesses to subscribe to organic waste collection services and source separate organic waste from solid waste and recyclables. The Ordinance requires education and outreach to individuals and businesses who generate waste on how they can properly sort materials for collection, the implementation of an edible food recovery program, inspections to ensure compliance with the SB 1383 Regulations, and enforcement for non-compliance with the SB 1383 Regulations.
Mandatory Subscription to Organic Services
All residents and businesses will be required to subscribe to organic waste collection services beginning January 1, 2022. Commercial businesses and multifamily properties with 5 or more units were already required to subscribe to organic waste services, SB 1383 builds upon Assembly Bill (AB) 1826 (Chapter 727, Statutes of 2014), which required any business generating two (2) or more cubic yards of solid organic waste per week, and multifamily properties with five or more units, to recycle their organic waste. (Under AB 1826, multifamily properties are only required to recycle yard waste.)
Waste Management currently provides solid waste collection services within the City under an exclusive franchise. The SB 1383 Regulations require Waste Management to provide, and all residents and businesses to subscribe to, organic waste collection services. Waste generators must source separate materials in the appropriate color-coded collection container to avoid contaminating the containers and the different waste streams. Waste Management currently provides organic waste collection services to both residents and businesses in the City, so there would be minimal impact to Waste Management’s operations to implement this collection requirement.
Waste Management provides solid waste collection services to residential customers, through a threecontainer service: Trash (Gray Lid), Recycling (Blue Lid), Green and Food Waste (Green Lid). Waste Management also provides trash, recycling and organics collection services to businesses, and the rates vary depending on the size of the container and the frequency of collection.
Waiver from Certain SB 1383 Requirements Related to Collection Under the SB 1383 Regulations, a local jurisdiction may qualify for a low population waiver for a waiver from certain organic waste collection requirements if the local jurisdiction disposed of less than 5,000 tons of solid waste in 2014 as reported in the Disposal Reporting System and has a population less than 7,500. The City of Nevada City met both of these requirements and received the low population waiver.
Low population waivers are valid for a period up to five years.
The City submitted a low population waiver to CalRecycle for an exemption from some of requirements under the SB 1383 Regulations, specifically Article 3 (relating to organic collection services) of Chapter 12 of Title 14 of the California Code of Regulations. Since Waste Management already provides organic waste collection services to residential and commercial businesses, this Ordinance requires residents and businesses to assist the City in meeting state organic waste diversion goals by subscribing to organic waste collection service. The benefit of the City applying for a low population waiver is that it would waive certain requirements related to collection that the City would otherwise have to satisfy beginning January 1, 2022. These requirements include: recordkeeping requirements, certain monitoring requirements to ensure container contamination minimization, and container color and label requirements that identify what materials may be placed in each container.
City Issued Waivers From Organics Waste Collection and Recycling The City must review requests from businesses and/or multifamily buildings for waivers from organic waste collection and recycling requirements, and grant waivers when criteria are met. The City can issue:
• de minimus waivers to a business if the business does generate a low volume of combined solid waste, recyclables, and organic waste and little organic waste or recyclables; • physical space waivers if there are physical limitations for collection containers at a place of business or a multifamily property with 5 or more units; and,
• any additional waivers allowed under the law.
Education and Outreach Requirements
• Businesses and multifamily buildings must acquire and supply an adequate number of labeled, color specific containers for employees, contractors, tenants, and customers, and educate employees and tenants about proper sorting.
• The education and outreach period is from January 1, 2022, through December 31, 2023, and educational materials must be provided to generators who do not comply with the requirements.
Edible Food Recovery Program
• The City must develop and implement an edible food recovery program that recovers edible food from commercial edible food generators for human consumption. • Commercial edible food generators must enter into written agreements with food recovery organizations and services, and the entities must keep specified records. • Under the SB 1383 Regulations, if the county identifies that new or expanded capacity is required to recover edible food currently disposed of by commercial edible food generators in the county and the local jurisdictions within the county, then each jurisdiction that lacks capacity must submit an implementation schedule to CalRecycle regarding how it will ensure new or expanded capacity. The implementation schedule must include timelines of planning efforts to access new capacity, including, but not limited to, obtaining funding for edible food recovery infrastructure, and identification of facilities, operations and activities within the county that could be used for additional capacity. • The City and Nevada County are coordinating their efforts to develop an edible food recovery program and address capacity planning for edible food recovery to comply with the requirements of the SB 1383 Regulations.
Inspection and Enforcement
• The City must inspect and enforce the requirements in the Ordinance. The penalties for violations are consistent with the City’s penalties for other ordinance violations. • The City must provide educational materials, issue notice of violations, and issue administrative citations for violations of the Ordinance as specified. • The focus will be on education and outreach in 2022 and 2023. Penalties for non-compliance will be imposed after January 1, 2024.
• While the City may designate a public or private entity to fulfill some of its SB 1383 regulatory responsibilities by agreement, the City itself remains responsible for its SB 1383 compliance and enforcing other entities compliance with the SB 1383 regulations through the Ordinance. Under the SB 1383 Regulations, the City is also not allowed to delegate the authority to impose civil penalties for any violation of the Ordinance, or to issue waivers, to a private entity.
Other SB 1383 Requirements
• The SB 1383 Regulations require the City to adopt enforceable requirements to comply with specified provisions of the California Green Building Standards Code (CALGreen) and the State Model Water Efficient Landscape Ordinance, unless they already have such an enforceable mechanism in place. • The City must procure recycled content paper in accordance with existing state laws, and procure recovered organic waste products (i.e., compost, mulch, electricity generated from biomass conversion, and renewable natural gas) at levels prescribed by the state annually. Staff is currently reviewing options on how to satisfy these requirements. Staff will bring forward a separate procurement policy at a future Council meeting for consideration to meet these requirements.
SB 619
Under the SB 1383 Regulations, local jurisdictions that do not adopt enforceable mechanism by January 1, 2022 to implement the SB 1383 Regulations locally are subject to penalties issued by CalRecycle. On October 5, 2021, the Governor signed SB 619 to provide some relief from penalties for jurisdictions that may not be fully compliant with SB 1383 requirements by the January 1, 2022, deadline.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Unknown costs related to implementation and enforcement of the Ordinance, which will depend on whether the City or Waste Management will perform some of the City’s responsibilities under the SB 1383 Regulations. Residential customers who subscribe to organic waste collection services for the first time will directly pay Waste Management for services. Unknown costs related to providing capacity for the edible food recovery program under a regional cost sharing plan.
ENVIRONMENTAL REVIEW:
Not applicable
ATTACHMENTS:
Ordinance No. 2022-11, Solid Waste; Integrated Waste Management ORDINANCE NO. 2022-11
AN ORDINANCE REPEALING CHAPTER 8.12 (“GARBAGE
DISPOSAL”) AND READOPTING CHAPTER 8.12 (“SOLID WASTE;
INEGRATED WASTE MANAGEMENT”) OF TITLE 8 (“HEALTH AND
SAFETY”) OF THE CITY OF NEVADA CITY MUNICIPAL CODE
RELATING TO INTEGRATED WASTE MANAGEMENT
WHEREAS, the State of California through its Legislature initiated regulations mandating recycling on all residents and businesses in California through Assembly Bill 32 in 2006; and
WHEREAS, the State of California through its Legislature adopted Assembly Bill 341 and Senate Bill 1018 mandating commercial recycling on all businesses in California allowing for education and voluntary compliance, but mandating forced compliance through adoption of Codes by Cities and Counties as dictated by CalRecycle; and WHEREAS, the State of California through its Legislature adopted Assembly Bill 1826 mandating commercial organics recycling on all businesses in California, and mandating green waste recycling for applicable multi-family residential properties in California allowing for education and voluntary compliance, but mandating forced compliance through adoption of Codes by Cities and Counties as dictated by CalRecycle; and WHEREAS, over the last several years the City through its solid waste franchise contractor has educated the community and developed a program and pursued voluntary compliance of businesses and applicable multi-family properties subject to the forced imposition of the recycling laws upon them; and
WHEREAS, in 2017 the State of California through CalRecycle sent all Cities and Counties in California correspondence referred to as the “Any Time Letter” wherein CalRecycle reiterated the requirements to comply with the mandatory commercial recycling and mandatory organics recycling laws imposed upon all businesses and applicable multi-family properties through Assembly Bill 341, Senate Bill 1018, and Assembly Bill 1826, (the “Recycling Laws”); and
WHEREAS, the City of Nevada City submitted for and received a low population waiver for some components of SB1383 from CalRecycle but is required under the law to adopt an ordinance for all other components of SB1383 and the other Recycling Laws.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEVADA CITY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Preamble. The City Council finds that all the facts, findings, and conclusions set forth above in this Ordinance are true and correct.
SECTION 2. Chapter 8.12 entitled “Garbage Disposal” of Title 8 (Health and Safety) of the Nevada City Municipal Code is hereby repealed and replaced as Chapter
8.12 entitled “Solid Waste; Integrated Waste Management” of Title 8 (Health and Safety) of the Nevada City Municipal Code to read as follows:
Article I. Solid Waste
8.12.010 Purpose of this Chapter.
This Chapter is the Nevada City Integrated Waste Management Ordinance. The purpose of this Chapter is to establish regulations for the collection, transportation, disposal and recycling of solid waste, organic waste and recyclables generated within the City. This Chapter is enacted in accordance with and to ensure that the City is able to meet its obligations under the California Integrated Waste Management Act of 1989 and any amendments thereto.
8.12.020 Definitions.
"Animal waste" includes feces, manure, urine, or any natural biological excrement from livestock. Animal waste is included within solid waste as defined in this Section. "Authorized collector" means a person, firm, partnership, corporation or other entity authorized under and by virtue of a contract, franchise, or permit with the city to collect, remove or dispose of recyclables and/or organic waste generated in the city. "Blue container" has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste.
"California Code of Regulations" or "CCR" means the State of California Code of Regulations.
CCR references in this Chapter are preceded with a number that refers to the relevant title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
"CalRecycle" means California’s Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations on the City (and others).
"Commercial business" or "commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit or as otherwise defined in 14 CCR Section 18982(a)(6).
"Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of the ordinance codified in this Section, that "compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility. "Compostable plastics" or "compostable plastic" means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
"container contamination" or "contaminated container" means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
"C&D" means construction and demolition debris.
"Designee" means an entity that a city contracts with or otherwise arranges to carry out any of the city’s responsibilities of this Chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities. "Edible food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Chapter or as otherwise defined in 14 CCR Section 18982(a)(18), "edible food" is not solid waste if it is recovered and not discarded.
Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
"Enforcement action" means an action of the City to address noncompliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
"Enforcement official" means a City enforcement official, designated by the City with responsibility for enforcing this Chapter.
"Excluded waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in City’s, or its designee’s, reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose City, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.
"Food distributor" means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22). "Food facility" has the same meaning as in Section 113789 of the Health and Safety Code. "Food recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). "Food recovery organization" means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
1. A food bank as defined in Section 113783 of the Health and Safety Code;
2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and
3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Chapter.
"Food recovery service" means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). "Food scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps. "Food service provider" means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
"Food-soiled paper" is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
"Food waste" means food scraps, food-soiled paper, and compostable plastics. "Franchisee" means a person franchised by the City to regularly collect solid waste, green waste and recyclable materials from a property owner’s or occupant’s premises. "Gray container" has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of gray container waste. "Gray container waste" means solid waste that is collected in a gray container that is part of a three (3) container organic waste collection service that prohibits the placement of organic waste in the gray container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).
"Green container" has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste. "Green waste" means food scraps, yard trimmings, and other organic matter capable of being composted. Food scraps include discarded organic materials that will decompose or putrefy, including kitchen and table food waste, and animal or vegetable scraps resulting from the storage, preparation, cooking or handling of food. Yard trimmings may include grass, weeds, prunings, dead plants, brush, and dead trees. Green waste does not include animal waste as defined in this Section.
"Grocery store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30). "Hauler route" means the designated itinerary or sequence of stops for each segment of the City’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5). "Inspection" means a site visit where a city reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this Chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).
"Large event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand (2,000) individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Chapter.
"Large venue" means a permanent venue facility that annually seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one (1) large venue that is contiguous with other large venues in the site is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this Chapter.
"Local education agency" means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
"Multifamily residential dwelling" or "multifamily" means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses. "Organic waste" means solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). "Organic waste generator" means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48). "Paper products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
"Prohibited container contaminants" means the following: (1) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the City’s blue container; (2) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the City’s green container; (3) discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container organic wastes to be placed in Jurisdiction’s green container and/or blue container; and (4) excluded waste placed in any container. "Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
"Recyclable materials" means residential or commercial source separated by-products of some potential economic value, set aside, handled, packaged, or offered for collection in a manner different from regular solid waste. Recyclable materials shall include, but not be limited to:
cardboard, paper, plastic, scrap metal, and beverage containers. Recyclable materials may also include materials designated as such in the rules and regulations established by the franchisee. "Recycling collection facility" means a business or operation lawfully established for collection of recyclable materials.
"Remote monitoring" means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, and gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
"Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
"SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
"SB 1383 regulations" means or refers to, for the purposes of this Chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
"Single-family" means of, from, or pertaining to a residential premises with one (1) unit. "Solid waste" has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:
1. Hazardous waste, as defined in the State Public Resources Code Section 40141.
2. Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
3. Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
"Source separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, source separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that source separated materials are separated from mixed waste or other solid waste for the purposes of collection and processing. "Source separated blue container organic waste" means source separated organic wastes that can be placed in a blue container that is limited to the collection of those organic wastes and nonorganic recyclables as defined in 14 CCR Section 18982(a)(43), or as otherwise defined by 14 CCR Section 17402(a)(18.7).
"Source separated green container organic waste" means source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, excluding source separated blue container organic waste, carpets, noncompostable paper, and textiles.
"Source separated recyclable materials" means source separated nonorganic recyclables and source separated blue container organic waste.
"State" means the State of California.
"Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000.00), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71). "Tier one commercial edible food generator" means a commercial edible food generator that is one of the following:
1. Supermarket.
2. Grocery store with a total facility size equal to or greater than ten thousand (10,000) square feet.
3. Food service provider.
4. Food distributor.
5. Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Chapter.
"Tier two commercial edible food generator" means a commercial edible food generator that is one of the following:
1. Restaurant with two hundred fifty (250) or more seats, or a total facility size equal to or greater than five thousand (5,000) square feet.
2. Hotel with an on-site food facility and two hundred (200) or more rooms.
3. Health facility with an on-site food facility and one hundred (100) or more beds.
4. Large venue.
5. Large event.
6. A State agency with a cafeteria with two hundred fifty (250) or more seats or total cafeteria facility size equal to or greater than five thousand (5,000) square feet.
7. A local education agency facility with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Chapter.
"Wholesale food vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 18982(a)(76).
8.12.030 - Requirements for Single-Family Generators.
A. Single-Family Organic Waste Generators shall comply with the following requirements:
1. Shall subscribe to the City’s organic waste collection services for all organic waste generated. The City shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials, and the generator shall adjust its service level for its collection services as requested by the City. Generators may additionally manage their organic waste by preventing or reducing their organic waste, managing organic waste through backyard residential composting, and/or using a community composting site.
2. Shall subscribe to the City’s three-container collection service(s) by placing designated materials in designated containers and shall not place prohibited container contaminants in collection containers.
8.12.040 Requirements for Commercial Businesses.
Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:
A. Subscribe to the City’s three-container collection services and comply with requirements of those services as described below in Section 8.12.040.B. The City shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, commercial businesses shall adjust their service level for their collection services as requested by the City.
B. Participate in the City’s three-container collection service(s) by placing source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container.
Generator shall not place materials designated for the gray container into the green container or blue container, nor place materials designated for the green container or blue container into the gray container.
C. Supply and allow access to an adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with the City’s blue container, green container, and gray container collection service or, if self-hauling, per the commercial businesses’ instructions to support its compliance with its self-haul program.
D. Excluding multi-family residential dwellings, provide containers for the collection of source separated green container organic waste and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. if a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR § 18984.9(b), the containers provided by the business shall have either:
1. A body or lid that conforms with the container colors provided through the collection service provided by City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
2. container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR § 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
E. Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirement in Section 0(A)(4) pursuant to 14 CCR § 18984.9(b).
F. To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials in accordance with Section 8.12.040.B., or if Recycling Organic Waste onsite or selfhauling under Section 8.12.380 per the Commercial Businesses’ instructions to support its compliance with its onsite recycling or self-haul program.
G. Excluding Multi-Family Residential Dwellings, periodically inspect containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR § 18984.9(b)(3).
H. Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.
I. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated green container organic waste and source separated recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.
J. Provide or arrange access for the City or its agent to their properties during all inspections conducted in accordance with Section 8.12.420 to confirm compliance with the requirements of this chapter.
K. Accommodate and cooperate with City’s remote monitoring program, if implemented, for inspection of the contents of containers for prohibited container contaminants, to evaluate generator’s compliance with sections 8.12.030 and 8.12.040. The remote monitoring program may involve installation of remote monitoring equipment on or in the blue containers, green containers, and gray containers.
L. If a commercial business wants to self-haul, meet the self-hauler requirements in section
8.12.380
M. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site.
N. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with food recovery requirements, pursuant to the remainder of this ordinance.
8.12.050 - Unauthorized disposal prohibited.
It is unlawful for any person in the city to throw or deposit any solid waste, or to cause the same to be thrown or deposited, upon any street, alley, gutter, park or other public place, or to throw or deposit the same in or upon any vacant lot or backyard, or to store or keep the same otherwise than in cans or receptacles as required by the provisions of this chapter; and it is unlawful to have, store, deposit or keep garbage where rats can have access thereto or feed thereon.
Notwithstanding the above, it is unlawful for any person in the city to deposit his or her household trash in city trash receptacles. Household trash means any garbage or waste matter, which was generated or collected in a person's residence or automobile prior to being deposited into the city of Nevada City's trash receptacles. Each day's violation of this section shall be treated and considered, and the same shall be, a separate and distinct offense.
8.12.060 Contract for Disposal
The city council may, at any time, enter into a contract or franchise agreement with a qualified company or individual to provide any and all services related to the collection, management, and processing of solid waste, organic waste and recyclable materials (the “franchisee”.) In letting such contracts, the city council shall not be required to let the contract to the lowest bidder, but shall award such contract to the company or individual deemed best qualified and capable to comply with the terms of this chapter and the contract.
8.12.070 Exclusivity to franchisee.
At such time as there is in force a contract entered into by the city and any person or entity for the collecting and removal of solid waste, recyclable material and organic waste in the city, it shall be unlawful for any person or entity other than the contractor having such contract, or his employees, to collect within the city, dispose of or transport, carry or convey through the streets, alleys, or public thoroughfares of the city, any garbage, recyclable material or organic waste or other matter offensive to the sight, or to interfere in any manner with any containers, or to remove such containers after they are placed by the lessees or owners thereof. This shall not prevent self-haulers in the city (city to be the city limits as they exist on January 1, 2021, and includes any subsequent annexations of land into the city limits from collecting, removing, or transporting their own solid waste, recyclable material and organic waste in accordance with Section 8.12.230 and 8.12.380, but shall not allow such self-hauler to provide such services for pay.
8.12.080 Duty of franchisee.
It shall be the duty of the franchisee to gather, collect and dispose of solid waste, organic waste and recyclable materials from a property owner’s or occupant’s premises, by disposal at authorized facilities, or other authorized disposal method allowed by law, all solid waste, organic waste and recyclable materials within the city in a manner satisfactory to the city council, and in compliance with this chapter and applicable laws.
8.12.090 Franchisee to furnish vehicles, equipment.
The franchisee shall furnish at their own expense all the vehicles and all other equipment necessary for the collection and removal of solid waste, recyclable material and organic waste in accordance with the provisions of this chapter; provided, that all such vehicles and equipment shall first be approved by the city.
8.12.100 Fees, rates and charges.
All solid waste, recyclable material and organic waste service collection fees, charges, and rate schedules which are set by the city's franchisee through the contract for solid waste, recyclable material and organic waste collection described in this chapter shall not exceed the maximum rates for such fees and charges as established and fixed by resolution of the city council, which resolution may be amended from time to time, upon majority vote of the city council.
8.12.110 Collection of fees.
The contract executed pursuant to this chapter shall provide that the Franchisee shall have the right to collect and receive the collection charges and fees provided in this chapter for the collection of garbage, recyclable material and organic waste in the city and no more, as and for their sole compensation.
8.12.120 Payment due date.
The fees and charges specified in this chapter shall, in all cases, be payable and due on either the date prescribed by resolution of the city council, or the date prescribed by the city’s franchisee subject to this chapter and approved by the city.
8.12.130 Failure to pay.
Failure or refusal to pay fees assessed pursuant to this chapter may result in the non-collection of solid waste, including garbage, organic waste, and recyclables, creating a condition which the city may declare to be a public nuisance if permitted to exist. In the event that there is nonpayment, the city manager may direct the city’s franchisee to make collection, and the expenses and charges of such collection may be assessed against the property as provided herein.
8.12.140 Charges constituting a lien and procedures to lien.
A. Service charges imposed pursuant to these regulations shall constitute a lien upon the parcel of real property to which such service was rendered.
B. Lien Recorded—Procedure.
1. The city manager shall transmit to city council, a report of delinquent charges.
2. Notwithstanding any provision in this code to the contrary, any solid waste, organic waste, or recyclables collection service charges which have become delinquent, shall cause the owner of such property to be subject to a lien on the property pursuant to the procedure provided in this section. Any such lien shall be recorded with the county recorder.
3. Prior to the recordation of a lien for delinquent charges, the city manager shall cause the notice of a hearing on the delinquent charges to be mailed to the owner. The notice shall contain the date, time and location of the hearing and shall be mailed at least ten calendar days before the date of the hearing. The hearing shall be held before the city council. The decision of the city council shall be final and conclusive.
4. Upon a decision adverse to the owner after hearing, the city council shall cause such lien to be recorded with the county recorder in the form and manner prescribed by law.
Thereafter, such lien shall not be released by the city manager unless and until it is fully and completely paid or an acceptable arrangement with the city has been agreed to by the city.
5. The city manager is authorized to determine the administrative cost of the delinquency, including costs associated with processing the delinquent account, which will be subject to an individual lien pursuant to the recording procedures of this section. Delinquent charges will be collected as a special assessment. The city manager may, as needed, initiate proceedings to make delinquent garbage, solid waste, organic waste, and recyclables collection service charges a special assessment against the parcels of property to which such service was rendered.
C. Hearing.
1. At the time fixed for consideration of the report, the city council shall hear it along with any objections of the property owners liable to be assessed for delinquent accounts. The city council may make such revisions, corrections, or modifications to the report as it may deem just; and in the event the city council is satisfied with the correctness of the report (as submitted or as revised, corrected or modified), it shall be confirmed or rejected by resolution.
2. The decision of the city council on the report, and on all protests or objections thereto, shall be final and conclusive.
D. Method of Collection—Applicability of Other Liens, Laws, Etc.
1. Upon confirmation of the report by the city council, the delinquent charges contained therein shall constitute a special assessment against the property at which the services were rendered. Thereafter, such assessment may be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and same procedure of sale as provided for delinquent ordinary property taxes.
2. The assessments shall be subordinate to all existing special assessment liens previously imposed upon the property, and paramount to all other liens except those for state, county and municipal taxes with which it shall be upon parity. The lien shall continue until the assessment and all interest and penalties due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to the special assessments.
3. A certified copy of the confirmed report shall be filed annually with the county auditor on or before August 1st. The descriptions of the parcels subject to the special assessment shall be those used for the same parcels on the county assessor’s map books for the current year.
4. The city’s franchisee shall give written notice to the city of the name and address of any person or owner he or she discovers who fails to subscribe for such collection disposal service and the address of the premises for which such solid waste, organic waste, and recyclables collection and disposal service has not been subscribed, unless he or she has been notified by the owner or other person in lawful possession that the property is vacant, or temporarily not occupied, and when he or she has determined that such condition actually exists on the premises.
8.24.150 Authority to administer.
The city manager is empowered and directed to administer the provisions of this article, subject to such rules and regulations consistent herewith as may, from time to time, be established by the city council. In the event that any provision of any such agreement is inconsistent with any provision of this article, the provisions of this article and this Code shall prevail.
8.12.160 Regulations governing collections.
The city manager, with the approval of the city council, shall have the power to establish sanitary rules and regulations governing the collection of solid waste, recyclable material and organic waste in the city. Such rules and regulations, when published, shall become a part of this chapter, and any person violating any such rules shall be subject to the penalty provided for the violation of this chapter.
8.12.170 Approved containers.
Every property owner, tenant, lessee or occupant of any premise in the city shall make available and at all times shall keep within such building, or on the lot on which such building is situated, suitable and sufficient watertight containers provided by the franchisee, for receiving and holding without leakage or escape of odors, and without being filled to within four inches of the top, all the solid waste, recyclable material and organic waste which would ordinarily accumulate on such premises within one week's time.
8.12.180 Weekly collection.
All solid waste, recyclable material and organic waste containers required by this chapter shall be emptied by the authorized franchisee at least once each week, or as otherwise directed by the city in the contract with the franchisee.
8.12.190 Unlawful use of containers.
A. It is unlawful for any person to dump or place any material into, or to utilize, any container without the express consent of the owner or lessee of the container or unless a notice has been placed on the container denoting that it is for the use of the public.
B. It is unlawful for any person, without the consent of the owner or lessee of the container, to enter into, or access, a container, whether or not a notice has been placed on such container, for the purpose of salvaging garbage, recyclable material or organic waste therein or for the purpose of utilizing the container to rest or sleep therein.
8.12.200 Mandatory use of containers.
No person shall keep, place or deposit solid waste including recyclable materials, organic waste or garbage on any private grounds or premises whatsoever, except in accordance with the rules and regulations established under this chapter. Persons approved to self-haul under sections
8.12.230 and 8.12.380 may keep, place or deposit solid waste including recyclable materials, organic waste or garbage for the purposes of separating recyclable materials and organic waste generated on-site prior to hauling organic waste to a high diversion organic waste processing facility.
8.12.210 Container capacity.
A. Containers for single-family premises, shall have a capacity of not less than ten gallons nor more than ninety-six gallons; and containers at all other places including commercial businesses shall each have a capacity of not less than ten gallons.
B. Generators shall arrange for a size, quantity and collection frequency of containers to adequately store all solid waste, recyclable material and organic waste generated in connection with the premise between the times designated for collection service. The City shall have the right to review the number and size of such containers to evaluate the adequacy of capacity provided for each type of collection service and to review the separation and containment of materials. Generators shall adjust service levels for their collection services as requested by the City in order to meet the standards set forth in this chapter.
8.12.220 Placement for collection.
A. Commercial containers required by this chapter for receiving solid waste, recyclable material and organic waste shall be so placed as to be readily accessible for removing and emptying by the collector.
B. On the day for collection, residential containers required by this chapter, shall be placed on the portion of the resident's real property nearest the public right-of-way which is readily accessible for removing and emptying by the authorized collector. All persons who are physically unable to place such containers as required in this section shall be exempt from this requirement.
C. No container for receiving solid waste, recyclable material and organic waste shall be placed on any street, alley, sidewalk, footpath, or any public place, except in accordance with rules and regulations established under this chapter or an arrangement made with the city in consultation with the Franchisee for an alternate collection location.
D. In all cases of disputes or complaints arising from or concerning the place where the containers shall be placed while awaiting the removal of their contents, the city manager, or his designee, shall forthwith designate the place and such designation shall be final.
8.12.230 Self-hauler requirements.
Self-haulers of solid waste shall:
A. In addition to the regulations prescribed herein, adhere to all regulations in this chapter, including, but not limited to, the collection service subscription requirements in section
8.12.030.
B. Self-haulers shall source separate all recyclables and organic waste generated on site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3, as may be amended.
8.12.240 - Composting.
A. Waste organic matter generated by a household or an individual may be composted by households or individuals provided that the composting:
1. Is conducted in accordance with accepted composting practices;
2. Is conducted in accordance with applicable federal, state and local laws and regulations;
3. Does not generate offensive odors or provide a source of food or harborage for vermin; and
4. Does not create a public or private nuisance.
B. Any individual generator may choose to compost their own organic material in compliance with this section without reliance on the city’s solid waste or recycling franchisee.
8.12.250 Violations, enforcement and penalty.
A. Any section of this chapter may be enforced by the city, or, if agreed to, by another enforcement agency designated by the city.
B. Violation of all provisions of this chapter, unless otherwise specified, shall constitute an infraction and shall be subject to enforcement action pursuant to Title 1 of the Nevada City Municipal Code.
C. A violation of this chapter may be punishable by administrative penalty, in amounts that shall not exceed the following:
1. For a first violation, the amount of the base penalty shall be fifty to one hundred dollars per violation.
2. For a second violation, the amount of the base penalty shall be one hundred to two dollars per violation.
3. For a third or subsequent violation, the amount of the base penalty shall be two hundred fifty to five hundred dollars per violation of the same provision within a twelve-month period. This remedy is not exclusive and is in addition to any other remedy or penalty provided by law.
D. The maximum penalties described in subsection (C) of this section shall be increased automatically if the maximum penalties established 14 CCR Section 18997.2 are amended.
E. The City’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this section, except as otherwise indicated in this chapter.
F. Nothing in this section shall be construed as preventing the city from revoking, suspending, or denying a permit, registration, license, or other authorization consistent with local requirements in addition to the imposition of penalties authorized under this section.
G. Any person engaged in the unauthorized collection or theft of recyclable materials or organic waste is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed five hundred dollars or incarceration in the county jail for a period not to exceed six months or both.
H. As an alternative to criminal enforcement, both the city and the authorized collector have the independent authority to civilly enforce any provisions of this article, to and including the authority to seek treble damages pursuant to California Government Code Section 66764.
The city administrator may invoke these remedies, or any of them whenever he or she deems it appropriate.
I. Other remedies allowed by law may be used, including civil action or prosecution as an infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations, exists such that court action is a reasonable use of City staff and resources.
Article II. Recyclable Materials, Organic Waste and Edible Food Recovery
8.12.260 Purpose.
A. The city council finds and determines that a municipal program for the collection and recycling of recyclable materials and organic waste within the city and the licensing of persons engaged therein, is in the public interest and serves to promote the general welfare of the city.
B. This article is enacted to increase participation rates, improve recyclable material recovery rates, reduce landfill dependency, and ultimately maintain a cost effective overall recyclable material and organic waste collection service program for the citizens, businesses and institutions of the city.
C. It is also recognized that the recyclable material and organic waste collection service program established in this article may be victimized by unauthorized scavengers and that the theft of recyclable materials before they can be picked up by the authorized collector would be destructive to the economic interest of the city at large, and the citizens, businesses and institutions in particular. It is the additional purpose of this article to define clear ownership of recyclable materials and organic waste and to provide for the protection of those ownership rights.
8.12.270 Franchisee duties for collection of recyclable material and organic waste.
A franchisee providing single-family, multi-family and commercial organic waste and recyclables collection service to generators within the city shall meet the following requirements and standards in connection with collection of organic waste and recyclables:
A. Supply all subscribers with appropriate containers for solid waste, recyclables, and organic waste collection.
B. Through written notice or written report to the city annually identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials and source separated organic waste.
C. Transport source separated recyclable materials to a facility that recycles those materials and transport source separated organic waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
D. Obtain approval from the city to haul organic waste, which can be through a franchise agreement or contract, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1.
8.12.280 Container requirements.
A. Pursuant to the terms and conditions of any exclusive contract between the city and the authorized collector, the authorized collector shall provide suitable and sufficient containers to store source separated recyclable materials and source separated organic waste for each premise to be made available for curbside pickup. The color, style and markings of the containers shall be determined by the authorized collector and subject to approval by the city.
B. All such containers shall be and remain the property of the authorized collector, and shall not be used for any purpose other than the separation and curbside placement of recyclable materials and organic waste. Participating persons relocating out of the city shall leave all containers at the premises.
C. It is the duty of every generator in the city to maintain containers in a reasonably safe and secure manner; and all such containers shall be so placed and kept at the designated collection location so as to be readily accessible for removal and collection therefrom and placed such that they will not be a public nuisance or in any degree offensive.
8.12.290 Authority to administer.
The city manager is empowered and directed to administer the provisions of this article, subject to such rules and regulations consistent herewith as may, from time to time, be established by the city council. The city manager shall further administer the provisions of this article subject to the terms of any agreement entered into by the city with a franchisee or authorized collector pertaining to recyclable material and organic waste collection and/or recycling, as such agreements may from time to time be amended. In the event that any provision of any such agreement is inconsistent with any provision of this article, the provisions of this article and this Code shall prevail.
8.12.300 Ownership of recyclable material and organic waste.
Upon the collection of recyclable material and organic waste at a designated collection location by an authorized collector, the recyclable material and organic waste shall become the property of the authorized collector.
8.12.310 General requirements.
A. It is unlawful for any person to keep, deposit, bury or dispose of any recyclable material or organic waste, except as in this article provided, in or upon any private or public property, street, alley, sidewalk, gutter, park or upon the banks of any stream or creek in the city, or in or upon any of the waters of it; and every person in the city who disposes of recyclable material or organic waste shall dispose of same only in the manner provided in this article.
B. The city's designated enforcement agency is authorized to administer a SB 1383 permit system to monitor compliance with the requirements of this article. Generators are required to obtain an SB 1383 permit and pay associated application or enforcement fees, should such fees be incurred.
8.12.320 Collection service.
A. A recyclable material and organic waste collection service program is established and shall be available to all persons, residents, businesses and institutions in the city for the purpose of providing for the orderly and regular collection of recyclable material and organic waste within the city under this program.
B. Every single-family dwelling unit or commercial business (throughout this chapter, commercial business includes multifamily residential dwellings of five or more units, unless otherwise excluded) in the city, except those single-family generators who meet the self-haul requirements contained in Section 8.12.330 of this chapter, shall be required to subscribe with the authorized collector for, recycling container and organics container collection; comply with the relevant sections of this chapter, state law and local ordinances; and to pay for the collection and disposal of such containers, unless commercial business owner receives a waiver as provided in this chapter.
C. No provision of this chapter shall be construed to prevent any person from self-hauling their own waste in their own vehicles or composting in the rear yard of their residence, provided that such composting does not constitute a nuisance to neighboring property because it is injurious to health or is offensive to the senses. Nor shall any provision of this chapter limit the right of any person to donate or sell recyclable materials.
D. Recyclable material and organic waste for donation, sale or collection by or to any person or entity other than the authorized collector, may not be stored or transferred by use of the containers described in this article, or any other containers used for recycling provided by the authorized collector. Storage of recyclable materials and organic waste at the designated collection location other than for pickup by the authorized collector as defined in this article, is prohibited.
8.12.330 Separation of recyclable materials and organic waste.
Generators subject to the requirements of the Act shall fully comply with all applicable requirements of the Act.
A. All generators in the city, except those that meet self-hauler requirements set forth in this chapter or commercial businesses that obtain a waiver pursuant to requirements in this chapter shall:
1. Prepare and separate those recyclable materials and organic waste that the city has contracted to pick up by the authorized collector from other garbage and solid waste as required in this section, and thereafter have the separated recyclable materials and organic waste placed within containers as required by this article, or within the designated collection location, which shall be collected by the authorized collector.
2. Participate in the collection services provided by the authorized collector, by placing designated materials in designated containers as described below, and not placing prohibited container contaminants in containers. Generators shall place source separated organic waste, in the organics container; source separated recyclable materials in the recycling container; and garbage in the garbage container. The franchised collector may, in its discretion, designate the categories of nonhazardous or toxic materials accepted in the organics container, recycling container or garbage container. Generators shall not place materials designated for the garbage container in the organics container or the recycling container.
3. Place recycling containers and organics containers for single-family residential premises at curbside for collection by the authorized collector; but shall not be placed at curbside earlier than twelve hours prior to the date and time for scheduled collection, nor left remaining at curbside longer than twelve hours following the date and time for scheduled collection.
4. Maintain garbage containers, recycling containers and organics containers in a sanitary condition at all times. Any bulky material must be reduced in size so that it may be placed in the appropriate container not overflowing and with the cover tightly closed and without excessive tamping, so that the container may be easily emptied.
5. Recycling containers and organics containers for multi-family, commercial and/or institutional locations shall be of a size and serviceability agreed to by the parties and thereafter placed at the designated collection location. Generators shall arrange for a sufficient number of such containers to adequately store all source separated recyclable materials and source separated organic waste generated in connection with the residence or business between the times designated for collection. The city shall have the right to review the number and size of such containers to evaluate the adequacy of capacity provided for each type of collection service and to require additional or larger containers (or additional service days) and to review the separation and containment of materials. Generators shall adjust service levels for their collection services as requested by the city in order to meet the standards set forth in this chapter.
6. Generators may manage their organic waste by preventing or reducing their organic waste, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c) to the extent permitted by other applicable laws.
7. Organic waste may be fed to animals on the premises where such organic waste is produced, provided that the premises are always kept in a sanitary condition to the satisfaction of the city manager; and provided further that the keeping and feeding of such animals shall at all times conform to the applicable regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated.
B. In addition to the requirements in Subsection A above, commercial businesses shall also:
1. Commercial business owners including multifamily, shall provide or arrange for garbage container, organics container and recycling container collection service for employees, contractors, tenants and customers, and supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors as noted in subsection (B)(2)(a) and (b) or, if self-hauling, in compliance with self-hauling requirements set forth in this chapter.
2. Commercial business that are not multifamily residential dwellings shall provide containers for the collection of source separated organic waste and source separated recyclable materials in all areas where the commercial business provides disposal containers for employees, contractors, tenants, customers and other users of the premises ("user disposal containers"). Such user disposal containers do not need to be provided in restrooms. If a commercial business does not generate, or has a waiver pertaining to, any of the materials that would be collected in one type of user disposal container, then the business does not have to provide that particular type of container in all areas where user disposal containers are provided. Pursuant to 14 CCR Section 18984.9(b), the user disposal containers provided by the business shall have either:
a. A body or lid that conforms with the following container colors, with either lids conforming to these color
requirements or bodies conforming to these color
requirements, or both lids and bodies conforming to these color requirements: gray or black containers for garbage, blue containers for source separated recyclable materials, and green containers for organics containers.
Notwithstanding the foregoing, a commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this section prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first; or
b. Container labels that include language or graphic images, or both, indicating the primary materials accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials
prohibited in the container. The container labeling
requirements are required on new containers commencing
January 1, 2022.
8.12.340 Commercial education and outreach requirements.
All commercial business owners are required to:
A. Excluding multifamily residential dwellings, to the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the recycling container, organics container, and garbage container collection service.
B. Excluding multifamily residential dwellings, periodically inspect recycling containers, organics containers, and garbage containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers.
C. Including multifamily residential dwellings, annually provide information to employees, contractors, tenants, building residents, and customers about organic waste recovery requirements and about proper sorting of organic waste and recyclable materials. A copy of such instructions shall be provided to the city or designee, upon request.
D. Including multifamily residential dwellings, provide information before or within fourteen days of new occupation of the premises to new tenants and no less than fourteen days before tenants move out of the premises, unless a tenant does not provide fourteen or more days' notice to before moving out, that describes requirements to keep organics container organic waste and recyclable materials separate from each other and from garbage, the location of containers, and the rules governing their use at the premises.
E. Including multifamily residential dwellings, prominently post and maintain one or more signs where recyclable materials and/or organic waste are collected and/or stored that set forth what materials are required to be source separated, in addition to collection procedures for such materials.
8.12.350 Waivers.
A. De Minimis Waivers. The city or enforcement agency may waive commercial business' obligation to comply with some or all of the organic waste and recycling collection service requirements of this chapter if documentation is provided demonstrating that the commercial business generates below a certain amount of organic waste material, (de minimis) as described below. A commercial business requesting a de minimis waiver shall:
1. Submit an application to the city or enforcement agency specifying the service or requirements for which it is requesting a waiver. Applicant must supply all required proof of qualifications in writing together with the application submittal. Applicants may be required to provide information in forms provided by the city. Applicants are subject to one or more site inspection(s) prior to approval of a waiver.
2. Provide documentation with the de minimis waiver application that either:
a. The commercial business' total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a recycling container or organics container comprises less than twenty gallons per week per applicable container of the business' total waste; or,
b. The commercial business' total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a recycling container or organics container comprises less than ten gallons per week per applicable container of the business' total waste.
3. For the purposes of subsections (2)(a) and (b) above, total solid waste shall be the sum of weekly garbage, source separated recyclable materials, and source separated organics container organic waste measured in cubic yards.
4. If the de minimis waiver is granted, notify the city or enforcement agency granting the waiver if circumstances change such that the conditions under which the waiver was granted are no longer being met, in which case the waiver will be rescinded.
5. If the waiver is granted, provide written verification of continued eligibility for de minimis waiver to the city or enforcement agency every five years.
B. Physical Space Waivers. The city or enforcement agency may waive a commercial business' or property owner's obligation to comply with some or all of the organic waste collection service requirements of this chapter if the enforcement agency has evidence from a licensed contractor, licensed architect, licensed engineer, or other person authorized by the enforcement agency demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection service requirements set forth in this chapter. A commercial business or property owner requesting a physical space waiver shall:
1. Submit an application to the city or enforcement agency specifying the service or requirements for which it is requesting a waiver.
2. Provide documentation with the application for a physical space waiver that the premises lacks adequate space for recycling containers and/or organics containers, which shall include documentation from its licensed contractor, licensed architect, licensed engineer, or other person authorized by the enforcement agency.
3. If the waiver is granted, the commercial business or property owner, shall notify the city if the commercial business' physical space configurations or amounts of solid waste generation change, in which case the waiver may be rescinded.
4. If the waiver is granted, the commercial business or property owner shall provide written verification to the city of continued eligibility for a physical space waiver every five years.
C. Change of ownership of a premises automatically revokes a waiver and the new owner must comply with this chapter or obtain its own waiver.
D. Upon the determination of the city or enforcement agency a written notification of the approval or denial of a waiver shall be issued to the applicant.
8.12.360 Commercial edible food generator requirements.
A. Tier one commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3, or such later deadline established by State law or regulations.
B. Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities, operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024, or such later deadline established by state law or regulations.
C. Commercial edible food generators shall comply with the following requirements:
1. Arrange to safely recover for human consumption the maximum amount of edible food that would otherwise be disposed.
2. Enter into a contract or other written agreement with food recovery organizations or food recovery services for:
a. The collection for food recovery of edible food that would otherwise be disposed; or
b. Acceptance of edible food that would otherwise be disposed that the commercial edible food generator self-hauls to the food recovery organization for food recovery.
3. Use best efforts to abide by all contractual or written agreement requirements specified by the food recovery organizations or food recovery services on how edible food should be prepared, packaged, labeled, handled, stored, distributed or transported to the food recovery organizations or food recovery services.
4. Not intentionally donate food that has not been prepared, packaged, handled, stored and/or transported in accordance with the safety requirements of the California Retail Food Code.
5. Not intentionally spoil edible food that is capable of being recovered by a food recovery organizations or food recovery services.
6. Allow the enforcement agency to review records upon request, including by providing electronic copies or allowing access to the premises.
7. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each food recovery organizations or food recovery services that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts and written agreements established under 14 CCR Section 18991.3(b) and/or this chapter.
c. A record of the following information for each of those food recovery organizations or food recovery services:
i. The name, address and contact information of the food recovery organizations or food recovery services.
ii. The types of food that will be collected by or selfhauled to food recovery organizations or food recovery services.
iii. The established frequency that food will be collected or self-hauled.
iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery
organizations or food recovery services for food
recovery.
8. If it has not entered into a contract or written agreement with food recovery organizations or food recovery services, a record that describes:
a. Its direct donation of edible food to end recipients (including employees); and/or
b. Its food waste prevention practices that result in it generating no surplus edible food that it can donate.
9. Tier one commercial edible food generators and tier two commercial edible food generators shall provide, upon request, a food recovery report to the enforcement agency that includes the information in subsection (C)(7)(c).
Entities shall provide the requested information within sixty days of the request.
D. Nothing in this chapter shall be construed to limit or conflict with:
1. The protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017; or
2. Otherwise applicable food safety and handling laws and regulations.
E. Nothing in this chapter prohibits a commercial edible food generator from donating edible food directly to end recipients for consumption, pursuant to Health and Safety Code Section 114432(a).
8.12.370 Food recovery organizations and service requirements.
A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records:
1. The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
2. The quantity in pounds of edible food collected from each commercial edible food generator per month. This may also include the total quantity in pounds of food collected that was spoiled when received from a commercial edible food generator or otherwise not able to be used to feed people.
3. The quantity in pounds of edible food transported to each food recovery organization per month.
4. The name, address, and contact information for each food recovery organization to which the food recovery service transports edible food for food recovery.
B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records:
1. The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
2. The quantity in pounds of edible food received from each commercial edible food generator per month. This may also include the total quantity in pounds of food collected that was spoiled when received from a commercial edible food generator or otherwise not able to be used to feed people.
3. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
C. Food recovery organizations or food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators shall report to the city, or its enforcement agency, the total pounds of edible food recovered from the tier one commercial edible food generators and tier two commercial edible food generators they have established a contract or written agreement with (regardless of whether those commercial edible food generators are located in the city) according to the following schedule:
1. No later than August 15, 2022, submit an initial report covering the period of January 1, 2022, to June 30, 2022; and
2. No later than March 31, 2023, and no later than every March 31 thereafter, submit a report covering the period of January 1 to December 31 of the previous calendar year.
D. In order to support edible food recovery capacity planning assessments and similar studies, food recovery services and food recovery organizations operating in the city shall provide, upon request, information and consultation to the city and Nevada County regarding existing, or proposed new or expanded, food recovery capacity in a form that can be provided to or that can be accessed by the city and county and commercial edible food generators. A food recovery service or food recovery organization contacted by an enforcement agency shall respond to such request for information within sixty days, unless a shorter timeframe is otherwise specified by the enforcement agency.
8.12.380 Self-hauler requirements.
Self-haulers shall:
A. Source separate their recyclable materials and organic waste generated on-site from solid waste in a manner consistent with this section or haul organic waste to a high diversion organic waste processing facility.
B. Haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated organic waste or to a high diversion organic waste processing facility; and haul their garbage to a fully permitted solid waste facility.
C. Self-haulers, which are commercial businesses including multi-family residential dwellings, shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste for a minimum of five years; this record shall be subject to inspection by the city. The records shall include the following information:
1. Delivery receipts and weight tickets from the entity accepting the waste.
2. The amount of material in cubic yards or tons transported by the generator to each entity.
3. If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.
D. Self-haulers that are commercial businesses including multi-family residential dwellings, shall provide these records, upon request, to the city or designee. Self-haulers shall provide the requested information within sixty days.
E. Landscapers, who self-haul organic waste generated at a customer's site, must also meet the requirements in this section.
F. A single-family organic waste generator that self-hauls organic waste is not required to record or report this information.
8.12.390 Unauthorized collection prohibited.
It is unlawful for any person other than an authorized collector to remove recyclable material or organic waste which has been placed at a designated collection location.
8.12.400 Individual may dispose of recyclables.
Nothing in this article shall limit the right of an individual person, organization, or other entity to donate, sell or otherwise dispose of recyclable material and organic waste; provided, that any such disposal is in accordance with the provisions of this article.
8.24.410 Theft of authorized receptacle.
Theft or the unauthorized diversion from its designated purpose of any designated recycling container or organics container of an authorized collector constitutes a misdemeanor and shall be punishable as such.
8.12.420 Inspections and investigations.
A. The city manager shall be designated as an enforcement agent for purposes of enforcing this chapter. Said enforcement agent may deputize one or more employees of the city to carry out the duties of enforcement agent.
B. The city and enforcement agent is authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws. This may include inspections and investigations, at random or otherwise, of any collection container, collection vehicle load, or transfer, processing, or disposal facility to confirm compliance with this chapter, subject to applicable laws. This section does not allow entry in a private residential dwelling unit for inspection. For the purposes of inspecting commercial business containers for compliance, the city or designee may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses shall accommodate and cooperate with the remote monitoring.
C. A person subject to the requirements of this chapter shall provide or arrange for access during all inspections (with the exception of the interior a private residential dwelling unit) and shall cooperate with the city or designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, inspection of edible food recovery activities, review of required records, or other verification or inspection to confirm compliance with any other requirement of this chapter, inspection of county-run transfer stations, McCourtney Road landfill and any other landfills that the county may establish or acquire. Failure to provide or arrange for any of the following is a violation of this chapter:
1. Access to the premises;
2. Installation and operation of remote monitoring equipment, if a remote monitoring program is adopted; or
3. Access to records for any inspection or investigation.
D. Any records obtained by the city or designee during inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the California Public Records Act as set forth in Government Code Section 6250 et seq.
E. The city or designee shall accept written complaints from persons regarding an entity that may be potentially noncompliant with this chapter. Written complaints may be submitted using the city form for code complaints.
ARTICLE III: CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING
8.12.430 DEFINITIONS.
For the purpose of this article, the following definitions shall apply unless the context indicates or requires a different meaning.
APPLICANT. Any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the city for the applicable permits to undertake construction, demolition, or renovation project within the city.
CONSTRUCTION. The building of any facility or structure or any portion thereof including tenant improvements to an existing facility or structure.
CONSTRUCTION AND DEMOLITION DEBRIS or C&D DEBRIS. Used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair, or demolition operations on any pavement, house, commercial building, or other structure.
CONVERSION RATE. The California Integrated Waste Management's accepted conversion rate used in estimating the volume or weight of materials identified in a waste management plan.
COVERED PROJECT shall have the meaning set forth in§ 6-3.202 and must comply with the 2019 California Green Building Standards Code (CALGreen) and any future changes made to the threshold for covered projects under that code.
DECONSTRUCTION. The process of carefully dismantling a building or structure in order to salvage components for reuse or recycling.
DEMOLITION. The decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.
DIVERSION REQUIREMENT. The redirection from the waste stream of at least 65% of the total construction and demolition debris generated by a project via reuse or recycling, and must comply with the 2019 California Green Building Standards Code (CALGreen) and any future changes made to the diversion rate under that code unless the applicant has been granted an infeasibility exemption, in which case the DIVERSION REQUIREMENT shall be the maximum feasible diversion rate established by the WMP Compliance Official for the project.
DIVERT. To use material for any purpose other than disposal in a landfill or transformation facility.
NONCOVERED PROJECT shall have the meaning set forth in § 6-3.202(8).
PROJECT. Any activity, which requires an application for a building or demolition permit, or any similar permit from the city.
RECYCLING. The process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become Solid Waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.
RENOVATION. Any change, addition, or modification in an existing structure. REUSE. Further or repeated use of materials in their original form.
SALVAGE. The controlled removal of construction or demolition debris from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.
TENANT IMPROVEMENTS. A project involving structural or other modifications of an existing property resulting in the generation of C&D debris.
TOTAL COSTS. The total construction value of the project using standard commercial and residential valuation formulas.
VENDOR. A hauler of commercial recycling materials authorized by the City of Antioch.
WASTE MANAGEMENT PLAN (WMP). A completed WMP form, approved by the city for the purpose of compliance with this article, submitted by the applicant for any covered project.
Prior to project start, the WMP shall identify the types of C&D debris materials that will be generated for disposal and recycling. A completed WMP contains actual weight or volume of the material disposed or recycled.
WMP COMPLIANCE OFFICIAL. The City Manager and/or Community Development Director either his and/or her designees.
8.12.440 THRESHOLD FOR COVERED PROJECTS.
A. Covered projects. The following projects shall comply with this article:
1. All new structures;
2. All permitted non-residential additions and alterations;
3. Permitted residential additions or alterations that add to the conditioned area of the property; and
4. Demolition of any structure or portion of a structure larger than 120 square feet.
B. For the purposes of determining whether a project meets the foregoing thresholds, all phases of a project and all related projects taking place on a single or adjoining parcel, as determined by the WMP Compliance Official, shall be deemed a single project.
C. Noncovered projects. Applicants for construction, demolition, and renovation projects within the city which are not covered projects ("noncovered projects") shall be encouraged to divert as much project-related construction and demolition debris as possible.
D. Building and demolition permits. No building, site development or demolition permit shall be issued for a covered project unless and until the WMP Compliance Official has approved a WMP for the project. Compliance with the provisions of this article shall be listed as a condition of approval on any building, site development or demolition permit issued for a covered project. Projects sponsored by the city. All construction, demolition and renovation projects sponsored by the city shall be considered covered projects for the purposes of this chapter. The project sponsor shall submit a WPM to the official prior to beginning any or activities and shall be subject to all applicable provisions of this chapter.
8.12.450 SUBMISSION OF WASTE MANAGEMENT PLAN.
A. WMP forms. Applicants for building, demolition, or site development permits involving any covered project shall complete and submit a waste management plan ("WMP"), on a WMP form approved by the city for this purpose as part of the application packet for the building, demolition, or site development permit. The completed WMP shall indicate all of the following:
1. A list of the C&D Debris material types to be generated;
2. The vendor or facility that the applicant proposes to use to collect or receive the materials; and
3. Acknowledgment of responsibility. The WMP shall be signed by both the contractor and owner indicating that:
a. Understanding of consequences of not meeting the diversion requirement including being subject to fines; and
b. They are responsible for the actions of their subcontractors with regard to this diversion requirement.
B. Deconstruction. In preparing the WMP, applicants for building, demolition, or site development permits involving the removal of all or part of an existing structure shall consider deconstruction, to the maximum extent feasible, and shall make the materials generated thereby available for salvage prior to landfilling. Materials generated in this process shall be considered divertable C&D debris and included in the amount of waste generated.
8.12.460 REVIEW OF WASTE MANAGEMENT PLAN.
A. Approval.
Notwithstanding any other provision of this code, no building, demolition, or site development permits shall be issued for any covered project, nor shall any demolition, construction or renovation take place on any covered project, unless and until the WMP Compliance Official has approved the WMP. The WMP Compliance Official shall only approve a WMP if he or she first determines that all of the following conditions have been met:
1. The WMP provides all of the information required by this article; and
2. The WMP indicates that diversion requirement for all C&D debris generated by the project will be met.
3. If the WMP Compliance Official determines that these two conditions have been met, he or she shall mark the WMP "Approved" and return a copy of the WMP to the applicant.
B. Nonapproval.
If the WMP Compliance Official determines that the WMP fails to 1) list all C&D materials to be generated, 2) indicate that diversion requirement will be met, or 3) have both the contractor's and owner's signatures, he or she shall either:
1. Return the WMP to the applicant marked "Denied," including a statement of reasons, or
2. Return the WMP to the applicant marked "Further Explanation Required", or
3. Return the WMP to the applicant marked "Temporary Permit" which will be valid for the period specified.
8.12.470 INFEASIBILITY EXEMPTION.
A. Application. If an applicant for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that he or she submits the WMP.
Increased costs to the applicant generally will not be a sufficient basis for an exemption unless such costs are extraordinary. The applicant shall indicate on the WMP the maximum amount of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement.
B. Meeting with WMP Compliance Official. The WMP Compliance Official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. Upon request of the city, the WMP Compliance Official may request the staff from the Solid Waste Division attend this meeting or may require the applicant to request a separate meeting with Solid Waste Division staff. Based on the information supplied by the applicant and, if applicable, Solid Waste Division staff, the WMP Compliance Official shall determine whether it is possible for the applicant to meet the diversion requirement.
C. Granting of Exemption. If the WMP Compliance Official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall establish a minimum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the applicant. The WMP Compliance Official shall return a copy of the WMP to the applicant marked "Approved for Infeasible Exemption." D. Denial of exemption. If the WMP Compliance Official determines that it is feasible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall have 30 days to resubmit a WMP form.
8.12.480 SUBMITTAL OF COMPLETED WASTE MANAGEMENT PLAN.
A. Documentation. No permit or approvals related to the project site shall be issued by the city until the applicant complies with the provisions of this section. The completed WMP must be approved prior to final occupancy. A temporary occupancy may be granted by the Building Official.
B. The applicant shall submit documentation along with a completed WMP that documents the diversion requirement for the project has been met to the City Compliance Official in order to receive final occupancy approval. This documentation shall include the following:
1. The completed WMP submitted for approval shall list for each construction and demolition material type generated the actual material volume or weight the project generated and receipts from both the disposal and recycling facilities and/or licensed haulers and vendors that received each material showing clearly whether the material was disposed or recycled; and
2. Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this article.
C. Weighing of wastes. Applicants shall make reasonable efforts to ensure that all C&D debris diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, all construction and demolition debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used.
D. Determination of compliance and release of permit. The WMP Compliance Official shall review the information submitted under division (A) above and determine whether the applicant has complied with the diversion requirement, as follows:
1. Full compliance. If the WMP Compliance Officer determines that the applicant has fully complied with the diversion requirement applicable to the project, he or she shall indicate such compliance on the WMP.
2. Good faith effort to comply. If the WMP Compliance Official determines that the diversion requirement has not been achieved, he or she shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply with this article. In making this determination, the WMP Compliance Official shall consider the availability of markets for the C&D debris landfilled, the size of the project, and the documented efforts of the applicant to divert C&D debris. If the WMP Compliance Official determines that the applicant has made a good faith effort to comply with this article, he or she shall so indicate on the WMP.
3. Noncompliance. If the WMP Compliance Official determines that the applicant has not made a good faith effort to comply with this article, or if the applicant fails to submit the documentation required by division (A) above within the required time period, then the applicant shall be in violation of this article and be liable for a civil penalty, including that authorized by§ 9-5.2707.1 of this code, in addition to any other remedy provided by this article.
8.12.490 APPEAL.
Appeal of a determination made under this article shall be made to the City Manager or his or her designee.
SECTION 3. Inconsistences. Any provision of the Nevada City Municipal Code or appendices thereto inconsistent with the provisions of the Ordinance, to the extent of such inconsistencies and no further, are suspended or modified to that extent necessary to affect the provisions of this Ordinance, but only during the term of this Ordinance.
SECTION 4. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. The City Council of the City of Nevada City declares that it would have adopted all the provisions of this ordinance that remain valid if any provisions of this ordinance are declared invalid
SECTION 5. Effective Date. This ordinance shall take effect thirty (30) days after its final passage and within fifteen (15) days after its passage, the City Clerk of the City of Nevada City shall certify to the passage and adoption of this ordinance and to its approval by the Mayor and City Council and shall cause the same to be published in a newspaper in the manner required by law.
SECTION 6. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.
PASSED, APPROVED AND ADOPTED this ________ day of ___________2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Doug Fleming, Mayor
ATTEST:
Niel Locke, City Clerk
APPROVED AS TO FORM
Dean J. Pucci, City Attorney
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: September 14, 2022 Agenda Item No. 12
Subject: Consideration of the Purchase of Two New
Chevrolet Tahoe Police Patrol Vehicles from Enterprise in the Amount of $106,000; the Purchase of Standard Equipment to Outfit the Vehicles from Various Vendors in an Estimated Amount of $17,060; the Upfitting of the Vehicles by GearedUp to Meet Emergency Vehicle Lighting and Safety Standards in the Amount of $32,100; and Authorize the City Manager to Issue Purchase Orders for all of the Items and Exercise a Contingency Amount Not-To-Exceed $17,000 to Place The
Vehicles in Service
From: Dan Foss, Chief of Police
Date: September 1, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Approve the purchases and authorize the purchase orders and contingency.
ISSUE STATEMENT AND DISCUSSION:
The Nevada City Police Department is currently operating with eight fully outfitted and marked patrol vehicle’s, with nine patrol personnel (including the 2 patrol sergeants). Of the marked patrol vehicles, there is one Ford Explorer (2013 Model with approximately 105,000 miles), two Chevrolet Silverado’s (both 2020 model, Sergeants vehicles), and five Chevrolet Tahoe’s (ranging from 2015 model year to 2020 model year). See the chart below.
Make Model Year Mileage (estimate) Notes
Ford Explorer 2013 105,000 Make Code
Chevy Tahoe 2015 86,000 New Engine
Chevy Tahoe 2015 110,000 New Engine
Chevy Tahoe 2016 45,000 Purchased new in 2019
Chevy Tahoe 2016 90,000 GV Vehicle/New Engine
Chevy Tahoe 2020 33,000
Chevy Silverado 2020 13,000 Sergeants Vehicle
Chevy Silverado 2020 13,000 Sergeants Vehicle
It is recommended that patrol vehicles be replaced from service after 10 years or 100,000 miles. Because the City issues take-home vehicles, our vehicles are able to stay in rotation longer than many other municipalities (generally around 5 years or less). Currently, there is an immediate need for two new patrol vehicles with one to be assigned and one to replace an aged unit.
With the purchase the existing Ford Explorer will transition from normal service to a reserve unit. The Explorer will be designated as a Code Enforcement Vehicle but will be available to serve as a reserve police unit for maintenance and repair of frontline units. Currently Code Enforcement drives an unmarked sedan, and the use of the marked vehicle will increase visibility of Police Non-sworn Staff in the field.
The second vehicle will be added to the normal fleet roster.
By adding these two vehicles, this will place us at minimum staffing for fleet vehicles with operational patrol personnel. It should also be noted NCPD is currently budgeted for one additional patrol officer, which would require another vehicle. Due to the hiring process, required training and field training, this is not something that will be needed in the immediate future. It is anticipated that two additional vehicles of the same configuration will be purchased in July of 2023 to account for the eighth police officer position and to allow the Ford Explorer to be decommissioned as a reserve police vehicle and be dedicated to the use of Code Enforcement with the relevant changes to graphics and signage.
All newly purchased vehicles will be either white in color, or black with white doors. The City of Grass Valley Police and the County of Nevada Sheriff use the same platform of vehicle and upfitter as is proposed in this purchase. This will standardize the Nevada City patrol fleet with the regional standardized fleet.
FINANCIAL AND/OR POLICY IMPLICATIONS:
There is no general fund allocation for the additional vehicles. The COPS/SLESF account would provide all funding for the purchase and related expenses:
• $53,000 per vehicle for a total of $106,000
• $8,530 vehicle equipment (estimated) for a total of $17,060. This includes radio, rear storage box, gun lock, wireless modem, and ballistic shield.
• $16,050 outfit fee per vehicle for lights/siren from Gear-Up for a total of $32,100. • $8,500 contingency funds per vehicle to be used with authorization of City Manager for a total of $17,000.
• The total estimated cost is $86,080 per vehicle. For two vehicles, this brings total cost up to $172,160.
Once placed in service, insurance, ongoing maintenance, and operations expenses will be covered by the existing City budget.
ENVIRONMENTAL CONSIDERATIONS:
None
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Enterprise Price Quote for two 2022/2023 Tahoe
Gear-Up Upfitting Quote
Estimates for total equipment cost per vehicle
Prepared For: City of Grass Valley Date 08/31/2022
Gammelgard, Alex AE/AM BTS/BLS
Unit # 2655V9
Year 2022 Make Chevrolet Model Tahoe
Series Police Vehicle 4x4
Vehicle Order Type Ordered Term 60 State CA Customer# 452914 $ 53,581.88 Capitalized Price of Vehicle1
$ 0.00 * Sales Tax 0.0000% State CA
$ 706.60 * Initial License Fee
$ 0.00 * Registration Fee
$ 565.00 Other: (See Page 2)
$ 0.00 Capitalized Price Reduction
$ 0.00 Tax on Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Tax on Gain On Prior
$ 0.00 * Security Deposit
$ 0.00 * Tax on Incentive ( Taxable Incentive Total : $0.00 ) All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote.
Order Information
Driver Name Gammelgard, Alex
Exterior Color Summit White
Interior Color Jet Black w/Cloth Seat Trim
Lic. Plate Type Exempt
GVWR 0
$ 54,146.88 Total Capitalized Amount (Delivered Price)
$ 902.09 Depreciation Reserve @ 1.6660%
$ 214.78 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor) 2 $ 1,116.87 Total Monthly Rental Excluding Additional Services Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0 $ 0.00 Full Maintenance Program 3 Contract Miles 0 OverMileage Charge $ 0.0400 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 0.00 Additional Services SubTotal
$ 94.93 Sales Tax 8.5000% State CA
$ 1,211.80 Total Monthly Rental Including Additional Services $ 21.48 Reduced Book Value at 60 Months
$ 400.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 20,000
(Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.
Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold.
ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.
Lessee hereby authorizes this vehicle order, agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement and agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicle. Lessee certifies that it intends that more than 50% of the use of the vehicle is to be in a trade or business of the Lessee.
LESSEE City of Grass Valley
BY TITLE DATE
* INDICATES ITEMS TO BE BILLED ON DELIVERY.
1 Capitalized Price of Vehicle May be Adjusted to Reflect Final Manufacturer's Invoice. Lessee Hereby Assigns to Lessor anyManufacturer Rebates And/Or Manufacturer Incentives Intended for the Lessee, Which Rebates And/Or Incentives Have Been UsedBy Lessor to Reduce the Capitalized Price of the Vehicle. 2 Monthly Lease Charge Will Be Adjusted to Reflect the Interest Rate on the Delivery Date (Subject to a Floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.
Open-End (Equity) Lease Rate Quote Quote No: 6583557
Printed On 08/31/2022 04:54:56 PM Page 1 of 7
Other Totals
Description (B)illed or (C)apped Price
Initial Administration Fee C $ 140.00
Pricing Plan Delivery Charge C $ 225.00
Courtesy Delivery Fee C $ 200.00
Total Other Charges Billed $ 0.00
Total Other Charges Capitalized $ 565.00
Other Charges Total $ 565.00
Open-End (Equity) Lease Rate Quote Quote No: 6583557
Printed On 08/31/2022 04:54:56 PM Page 2 of 7
VEHICLE INFORMATION:
2022 Chevrolet Tahoe Police Vehicle 4x4 - US
Series ID: CK10706
Pricing Summary:
INVOICE MSRP
Base Vehicle $50,516.4 $53,400.00
Total Options $-2,418.78 $-2,658.00
Destination Charge $1,795.00 $1,795.00
Total Price
SELECTED COLOR:
Exterior: GAZ-Summit White
Interior: H1T-Jet Black w/Cloth Seat Trim
SELECTED OPTIONS:
CODE DESCRIPTION INVOICE MSRP
00Z Not Equipped w/Front & Rear Park Assist $-45.50 $-50.00 1FL Preferred Equipment Group 1FL $-3,776.50 $-4,150.00 5J3 Surveillance Mode Calibration Interior Lighting Included Included 5W7 Performance Air Intake System (LPO) Included Included 6C7 SEO: Red & White Front Auxiliary Dome Lighting $154.70 $170.00 6J3 SEO: Grille Lamps & Siren Speakers Wiring $83.72 $92.00 7X2 SEO: Left & Right-Hand Spotlamps $1,219.40 $1,340.00 9C1 Identifier for Police Package Vehicle NC NC
AMF Remote Keyless Entry Package (SEO) $68.25 $75.00
ATD 3rd Row Passenger Seat Delete Included Included
AZ3 Front 40/20/40 Split-Bench Seat STD STD
C6C GVWR: 7,400 lbs (3,357 kgs) STD STD
DELUE1 OnStar & Chevrolet Connect Services Delete Included Included DELVV4 4G LTE Wi-Fi Hot Spot Delete Included Included
GAZ_01 Summit White NC NC
GU5 3.23 Rear Axle Ratio STD STD
H1T_02 Jet Black w/Cloth Seat Trim NC NC
IOR Radio: Chevrolet Infotainment 3 System STD STD
K47 High-Capacity Air Cleaner Included Included
K6K 760 Cold-Cranking Amps Auxiliary Battery Included Included KX4 250 Amps Alternator Included Included
L84 Engine: 5.3L EcoTec3 V8 STD STD
MHS Transmission: Electronic 10-Speed Automatic w/OD STD STD NP0 Single-Speed Elec Autotrac Active Transfer Case Included Included PDC Performance Upgrade Package (LPO) NA NA
PXT Wheels: 20" x 9" Steel Included Included
R6J Ship-Thru Verification Code NC NC
R7N Not Equipped w/Steering Column Lock $-45.50 $-50.00 RAV Spare P275/55R20 AS BW Tire Included Included
RC1 Front Skid Plate Included Included
STDTM Cloth Seat Trim STD STD
UDA OnStar Deactivated $-77.35 $-85.00
UQF 6-Speaker Audio System Feature Included Included
$49,892.62 $52,537.00
Open-End (Equity) Lease Rate Quote Quote No: 6583557
Printed On 08/31/2022 04:54:56 PM Page 3 of 7
CODE DESCRIPTION INVOICE MSRP
UT7 SEO: Ground Wires Included Included
V53 Luggage Rack Side Rails Delete Included Included
VK3 License Plate Front Mounting Package NC NC
VPV Ship-Thru: Kerr Industries Included Included
WBC Cat-Back Performance Exhaust (LPO) Included Included XCS Tires: P275/55R20SL AS BW Included Included
YF5 California State Emissions Requirements NC NC
Z56 Full Independent Suspension Package Included Included ZY1 Solid Paint STD STD
Open-End (Equity) Lease Rate Quote Quote No: 6583557
Printed On 08/31/2022 04:54:56 PM Page 4 of 7
CONFIGURED FEATURES:
Body Exterior Features:
Number Of Doors 4
Rear Cargo Door Type: liftgate
Driver And Passenger Mirror: power remote heated manual folding side-view door mirrors Spoiler: rear lip spoiler
Skid Plates: skid plates
Side Steps: yes
Door Handles: body-coloured
Front And Rear Bumpers: body-coloured front and rear bumpers Rear Step Bumper: rear step bumper
Front License Plate Bracket: front license plate bracket Body Material: galvanized steel/aluminum body material
: class IV trailering with harness, hitch
Body Side Cladding: black bodyside cladding
Grille: grille with chrome bar
Convenience Features:
Air Conditioning automatic dual-zone front air conditioning Air Filter: air filter
Rear Air Conditioning: rear air conditioning with separate controls Cruise Control: cruise control with steering wheel controls Power Windows: power windows with front and rear 1-touch down 1/4 Vent Rear Windows: power rearmost windows
Remote Keyless Entry: keyfob (all doors) remote keyless entry Illuminated Entry: illuminated entry
Integrated Key Remote: integrated key/remote
Auto Locking: auto-locking doors
Passive Entry: Keyless Open and Start proximity key
Trunk FOB Controls: keyfob trunk/hatch/door release
Steering Wheel: steering wheel with manual tilting, manual telescoping Day-Night Rearview Mirror: day-night rearview mirror
Driver and Passenger Vanity Mirror: illuminated auxiliary driver and passenger-side visor mirrors Front Cupholder: front and rear cupholders
Overhead Console: mini overhead console
Glove Box: locking glove box
Driver Door Bin: driver and passenger door bins
Rear Door Bins: rear door bins
Seatback Storage Pockets: 2 seatback storage pockets
IP Storage: covered bin instrument-panel storage
Driver Footrest: driver's footrest
Retained Accessory Power: retained accessory power
Power Accessory Outlet: 1 12V DC power outlet
AC Power Outlet: 2 120V AC power outlet
Entertainment Features:
radio AM/FM stereo with seek-scan
Voice Activated Radio: voice activated radio
Speed Sensitive Volume: speed-sensitive volume
Steering Wheel Radio Controls: steering-wheel mounted audio controls Speakers: 6 speakers
1st Row LCD: 2 1st row LCD monitor
Wireless Connectivity: wireless phone connectivity
Antenna: window grid antenna
Lighting, Visibility and Instrumentation Features:
Headlamp Type delay-off aero-composite LED low/high beam headlamps Front Wipers: variable intermittent Rainsense rain detecting wipers wipers Rear Window wiper: fixed interval rear window wiper
Rear Window Defroster: rear window defroster
Printed On 08/31/2022 04:54:56 PM Page 5 of 7
Tinted Windows: deep-tinted windows
Front Reading Lights: front and rear reading lights
Ignition Switch: ignition switch light
Variable IP Lighting: variable instrument panel lighting Display Type: analog appearance
Tachometer: tachometer
Voltometer: voltmeter
Low Tire Pressure Warning: tire specific low-tire-pressure warning Trip Computer: trip computer
Trip Odometer: trip odometer
Oil Pressure Gauge: oil pressure gauge
Water Temp Gauge: water temp. gauge
Engine Hour Meter: engine hour meter
Clock: in-radio display clock
Systems Monitor: systems monitor
Check Control: redundant digital speedometer
Rear Vision Camera: rear vision camera
Oil Pressure Warning: oil-pressure warning
Water Temp Warning: water-temp. warning
Battery Warning: battery warning
Low Oil Level Warning: low-oil-level warning
Low Coolant Warning: low-coolant warning
Lights On Warning: lights-on warning
Key in Ignition Warning: key-in-ignition warning
Low Fuel Warning: low-fuel warning
Low Washer Fluid Warning: low-washer-fluid warning
Door Ajar Warning: door-ajar warning
Trunk Ajar Warning: trunk-ajar warning
Brake Fluid Warning: brake-fluid warning
Turn Signal On Warning: turn-signal-on warning
Transmission Fluid Temperature Warning: transmission-fluid-temperature warning Safety And Security:
ABS four-wheel ABS brakes
Number of ABS Channels: 4 ABS channels
Brake Assistance: brake assist
Brake Type: DuraLife four-wheel disc brakes
Vented Disc Brakes: front and rear ventilated disc brakes Daytime Running Lights: daytime running lights
Spare Tire Type: full-size spare tire
Spare Tire Mount: underbody mounted spare tire w/crankdown Driver Front Impact Airbag: driver and passenger front-impact airbags Driver Side Airbag: seat-mounted driver and passenger side-impact airbags Overhead Airbag: curtain 1st, 2nd and 3rd row overhead airbag Occupancy Sensor: front passenger airbag occupancy sensor Height Adjustable Seatbelts: height adjustable front seatbelts Seatbelt Pretensioners: front seatbelt pre-tensioners
3Point Rear Centre Seatbelt: 3 point rear centre seatbelt Side Impact Bars: side-impact bars
Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks Rear Child Safety Locks: rear child safety locks
Ignition Disable: PASS-Key III immobilizer
Security System: security system
Panic Alarm: panic alarm
Electronic Stability: electronic stability
Traction Control: ABS and driveline traction control
Front and Rear Headrests: manual adjustable front head restraints Rear Headrest Control: 2 rear head restraints
Break Resistant Glass: break resistant glass
Seats And Trim:
Printed On 08/31/2022 04:54:56 PM Page 6 of 7
Seating Capacity max. seating capacity of 6
Front Bucket Seats: front split-bench 40-20-40 seats
Number of Driver Seat Adjustments: 8-way driver and passenger seat adjustments Reclining Driver Seat: power reclining driver and passenger seats Driver Lumbar: power 2-way driver and passenger lumbar support Driver Height Adjustment: power height-adjustable driver and passenger seats Driver Fore/Aft: power driver and passenger fore/aft adjustment Driver Cushion Tilt: power driver and passenger cushion tilt Front Centre Armrest Storage: front centre armrest
Rear Seat Type: rear manual reclining 60-40 split-bench seat Rear Seat Fore/Aft: manual rear seat fore/aft adjustment Rear Folding Position: rear seat tumble forward
Rear Seat Armrest: rear seat centre armrest
Leather Upholstery: cloth front and rear seat upholstery Headliner Material: full cloth headliner
Floor Covering: full vinyl/rubber floor covering
Interior Accents: chrome/metal-look interior accents
Cargo Space Trim: carpet cargo space
Trunk Lid: plastic trunk lid/rear cargo door
Cargo Light: cargo light
Concealed Cargo Storage: concealed cargo storage
Standard Engine:
Engine 355-hp, 5.3-liter V-8 (regular gas)
Standard Transmission:
Transmission 10-speed automatic w/ OD and auto-manual
Printed On 08/31/2022 04:54:56 PM Page 7 of 7
GEARED UP DRIVE TRAIN Estimate Q001295
900 GOLDEN GATE TER
STE B
Date: 09-02-2022 2:00 PM
GRASS VALLEY, CA 95945
Tel: 530-477-3341
[email protected] ▪
WWW.GEAREDUPDRIVETRAIN.COM
Customer N.C.P.D. (NCP001)
Cell: DAN-559-346-9512
*Work: 530-265-4700
[email protected]
Vehicle 2022 Chevrolet Tahoe Miles In: 0
Miles Out: 0
License Plate: X476 00
Customer Issues and
Advisories Symptoms and Diagnostic Trouble Codes
NEW BUILD
Work to be Performed
NEW BUILD
SubTotal $0.00
FRONT
Parts Part No Qty Price Total
PUSH BUMPER TAHOE RHI52251682L61 1.00 570.49 570.49
FRONT SubTotal $570.49
PRISONER TRANSPORT
Parts Part No Qty Price Total
WINDOW ARMOR (BAR STYLE) AND ABS
DOOR PANELS
JOT214751763 1.00 435.08 435.08
REPLACEMENT BIO-SEAT SYSTEM TAHOE
2021+
JOT214751743 1.00 1,323.00 1,323.00
HSEP JOT214751674 1.00 125.45 125.45
SPACE CREATOR PARTITION FULL WINDOW
W/SAFETY WIRE
JOT214751675 1.00 845.89 845.89
PRISONER TRANSPORT SubTotal $2,729.42
CONSOLE AND EQUIPMENT
Parts Part No Qty Price Total
CONSOLE W/LOCKING LID 20FP TAHOE 221 JOT214256569 1.00 525.89 525.89 ABS CUP HOLDER JOT214253704 1.00 42.09 42.09
MAMBA MOUNT JOT214250150/4138 1.00 568.40 568.40
REAR MOUNTED/SIDE HINGED ARMREST JOT224250024 1.00 136.89 136.89 WIRING KIT GDTWIRE 1.00 325.00 325.00
CONSOLE AND EQUIPMENT SubTotal $1,598.27
LIGHTS
EPA# CAL000390181 BAR# ARD00250574
GEARED UP DRIVE TRAIN Estimate Q001295
Tel: 530-477-3341 Date: 09-02-2022 2:00 PM
N.C.P.D. (NCP001) ▪ 2022 Chevrolet Tahoe
LIGHTS
Parts Part No Qty Price Total
54" LIBERTY II DUO WCX LEH422BB2DEDE 1.00 2,233.91 2,233.91 TRACER SOLO 5-LAMP HOUSING WHE822TCRWX5 2.00 970.92 1,941.84 TRACER LIGHT BRACKET WHE822TCRB54A 2.00 89.61 179.22
500 LIN. LED FLASH. BLUE.CLR.LENS WHE82250B02ZCR 2.00 186.18 372.36 500 LIN.LED.FLASH.RED.CLR.LENS WHE82250R02ZCR 2.00 186.18 372.36 500 SUPER0-LED WHE8225LSMAB 4.00 20.01 80.04
DUO LIN ION RED.WHT WHE822I2D 1.00 169.65 169.65
DUO LIN ION BLUE/WHT WHE822I2E 1.00 169.65 169.65
DOMINATOR PLUS 2-LINZ6 R/B WHE822DP2RB 2.00 343.65 687.30 ION SERIES LED LIGHTHEAD-RED WHE822IONR 2.00 146.16 292.32 ION SERIES LED LIGHTHEAD-BLUE WHE822IONB 2.00 146.16 292.32 OVAL ILLUMINATION WHT CHROME WHE8220SC0EDCR 2.00 44.37 88.74 LED DOME LIGHT GDT522ECVDMLTAL00 1.00 90.91 90.91
CENCOM CORE WCX CONTROL CENTER WHE822C399 1.00 1,019.55 1,019.55 WECAN-X 21 BUTTON/SLIDE CONTROL HEAD WHE822CCTL7 1.00 390.63 390.63 OBD II CANPORT KIT TAHOE/SUB 2021 WHE822C399K6 1.00 155.73 155.73 WECAN X 8 OUTPUT EXPANSION MOD WHE822CEM8 1.00 187.05 187.05 SIREN SPEAKER 100W WHE822SA315P 1.00 340.17 340.17
SPEAKER BRACKET WHE822SAK1 1.00 42.63 42.63
VEHICLE TO VEHICLE SYNC MODULE WHE822CV2V 1.00 306.24 306.24 LIGHTS SubTotal $9,412.62
FREIGHT
Parts Part No Qty Price Total
SHIPPING GDTSHIP1 1.00 500.00 500.00
FREIGHT SubTotal $500.00
MISC.
Work Description
MISC. UNKNOWN PARTS $1000.00-$5000.00
MISC. SubTotal $0.00
Total Proposed Completed Date Labor 0.00
Parts 14,810.80 09-02-2022 4:45 PM
Hazmat* 0.00
Supplies* 0.00
Taxes 1,216.41
Estimate Total $16,027.21
* Shop Supply & Hazmat Fees: This charge represents costs and profits (where applicable) to this repair facility for miscellaneous shop supplies, and/or waste removal EPA# CAL000390181 BAR# ARD00250574
GEARED UP DRIVE TRAIN Estimate Q001295
Tel: 530-477-3341 Date: 09-02-2022 2:00 PM
N.C.P.D. (NCP001) ▪ 2022 Chevrolet Tahoe
Authorization Original Estimate Total:
Authorization Method: email text phone fax in person
Date: Contact Details:
Authorized By:
X
Customer Signature
Save replacement parts for inspection or return? (Core may apply) Yes No Intended Method of Payment: Check Credit card Cash Other All Quotes / Estimates valid for 30 days
EPA# CAL000390181 BAR# ARD00250574
From: Luap Renrac
To: Public Comment
Cc: bdofsupervisors
Subject: Jacob Karkanen
Date: Tuesday, August 30, 2022 12:02:52 PM
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Jacob was arrested on 8-20 in downtown Nevada City.
I suggest everyone go to mynevadacounty and visit the Jail Media Report for that date to see Mr. Karkanen's mugshot. I wonder if they finally took the unregistered Subaru that Jacobs been driving for years and that I saw him in at about two PM at the commercial st. pkng lot on 8-20. I hope so as Jacob has no valid drivers license.
You may also notice Derek Joseph Snell, trumpet Joe's associate, was arrested on the same date here in Nevada City by the NCPD. Because of a glitch I had to run a jail media report from 8-19-22 til now to get Mr Snell to show up.
Could I be correct when I write that Trumpet Joe is a meth user/dealer? Most of the users around Joe, like that woman with the cleaning service that has pink lettering on a dark vehicle, only need a "bump" of meth. That is they snort a little.
Joe still works at icky's or whatever Ikes is now. Does management know about Derek? Are management and or coworkers users too?
Last but not least.
Judge Tice-Raskins is the judge signing off on Jacob Karkanens continued probation regardless of Jacobs current crimes while Patrick Beauchamp is the one at the DAs office requesting Jacob be continually forgiven.
Now we all know.
Thank you,
Pastor Carner
From: Luap Renrac
To: Probation
Cc: bdofsupervisors
Subject: Re: Subject with ankle momitor on still harassing me Date: Thursday, September 8, 2022 8:46:11 AM
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So hes here in the commercial st pkng lot in downtown Nevada City looking for drug users to hang out with. He was but couldnt find anyone so he moved his minivan to the New York hotel lot and found a homeless woman to hang out with.
Lets talk about Gary next tue. morning.
Pastor Paul Carner
On Tue, Sep 6, 2022, 1:28 PM Luap Renrac <[email protected]> wrote:
The same "Gary" who is wearing an ankle monitor threatened me again. This time in the Bonanza Mkt on camera in front of the cashier and a little girl. "Gary" claimed she is his daughter. It occured at approx 9:40 am yesterday and the cashier was disturbed by 'Gary's" actions too." Gary" was driving an older dark green camry or accord tag no. 6jcp606.
Everyone else Ive ever heard of was confined somewhere when wearing an ankle monitor.
Why isnt "Gary"?
Pastor Paul Carner
From: Sally Harris
To: Public Comment
Cc: Doug Fleming; Sean Grayson; [email protected] Subject: Comment for 9/14/2022 City Council Meeting, regarding police vehicles Date: Monday, September 12, 2022 12:49:05 PM
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Public comment on item 12, City Council Agenda for 9/14/2022 Honorable Councilmembers,
The staff report on the purchase of two new police vehicles state that they may be black or white. I would encourage you to give direction to staff that they be white, as it better supports the idea that our police force is here to protect and serve our residents, businesses and visitors. The black truck that is currently in the fleet comes across as "tough." It sends the message that people will be dealt with in an aggressive manner, more appropriate to a dangerous community. In my opinion, that does not reflect the reality of our city, nor does it reflect our shared values in our desire to remain a city with it's own police force that is supportive of our community.
Respectfully,
Sally Harris
625 Spring St
Nevada City
From: Stu Chuang Matthews
To: Public Comment
Subject: police budget
Date: Friday, September 9, 2022 4:46:23 PM
Attachments: Image-0R68R1.png
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Dear Councilmembers,
I see on the agenda for the September 14 meeting, there is an item to consider purchasing new police vehicles for a total of up to $172,160. This reminds me of the ongoing, unaddressed need to take a critical look at the police budget in Nevada City. Looking at the budget, I see that the police are already the largest item in the budget.
1. Can we reduce the size of the police budget, using these funds for other things such as social programs? (homes for the homeless, childcare, things like that)
2. Shouldn't these vehicles already be covered under the police budget? And, as a side note, I would like to note an email I sent over two years ago on the topic of the police parking right in front of city hall in front of a fire hydrant (red/no parking zone). Not only is it bad for fire access, but it also reduces visibility of the crosswalk there. I am pasting a screenshot of that email.
I never got a response.
Thank you,
Stuart Matthews
501 Redbud Way
Nevada City
From: Pauli Halstead
To: Public Comment
Subject: Public Comment for September 14th
Date: Friday, September 9, 2022 8:37:42 PM
Attachments: Public Comment, September 14th.doc
NC Public Records Request.doc
Ketcham letter.pdf
Struhar letter.pdf
Public Records Request, 823.doc
Public Records Request Agenda.doc
Letter to Dean Pucci.doc
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Please enter my public comment (attached) and supporting documents (attached) into the agenda packet for September 14th.
1). July 11th Public records request
2). July 6th, Daniel Ketchum email to Sean Grayson
3). August 3rd email from Dean Pucci to Deputy AG, Matthew Struhar and August 8th response email from Matthew Struhar to Dean Pucci
4). August 23rd Public Records Request
5). Email request to the city council to put a discussion of Public Records Requests on the agenda. (which they refused to even respond to)
6). August 26th Letter to Dean Pucci
--
Pauline Halstead
423 South Pine St.
Nevada City, Ca 95959
home: 530-265-6704
1 Public Comment, September 14th
The public’s right to information should be guided by the principle of maximum disclosure. There is a public interest in releasing information to provide a full picture.
On July 11th, I submitted a public records request (attached) asking for e-mails, letters or notes from the Committee for Nevada City Neighborhoods District, and their attorneys, to any of our city officials or Jones & Mayer attorneys, in order to shed light on the trajectory of the Historical District Initiative as it made its way to the August 10th vote to place it on the November ballot.
In the first trove of documents, there was a July 6th email from Daniel Ketchum to Sean Grayson, cc: Dean Pucci and Amy Wolfson, in which he stated:
“We assume you are operating under the time frame outlined by State law that would take us to Wednesday, August 10 City Council meeting in order to either adopt the initiative or send it on the November election.
As we understand it, there is no extra time for additional studies/deliberation, etc. in that schedule. Please let us know if that is your understanding also.
We are not in support of a 9212 report, it would just delay the residents of Nevada City the ability to have a timely up or down on an initiative that has a lot of support and interest.
Respectfully submitted,
Daniel R. Ketcham”
On August 10th we all watched as the City Council voted within minutes to place the initiative on the ballot with no discussion regarding a 9212 study.
The second email exchange of interest was on August 3rd, between Dean Pucci, city attorney, and Deputy State Attorney General, Matthew Struhar:
“Mathew:
Thank you for your time on the call yesterday. Per our call please consider this confirmation of the request for a written correspondence regarding the states position on the proposed ballot initiative. I will confirm this matter has qualified to be placed on the ballot and the council’s deadline to act under the election code is august 10.
Best,
Dean”
To which Mr. Struhar replied via email on August 8th, stating:
2 “Dean,
I’ve been authorized to refer you to our letter to the City of Pasadena. The letter can be found here:
Thanks,
Matt”
https://oag.ca.gov/system/files/attachments/pressdocs/AG%20Letter%20to%20Pasadena%20re%20SB%209%20Urgency%20Ordinance.pdf Deputy Attorney General Struhar’s letter clearly states:
D. The City Cannot Avoid the Application of State Law by Declaring Itself a Historic District or Exempting Specific Plan Areas.
Apparently, the contents of this letter were shared with the city council prior to the August 10th vote, but did they read and understand it?
After reviewing these exchanges to city staff and attorneys, on August 23rd I submitted a second public records request (attached) asking for more e-mails, letters and notes. The next day I received an email from the city clerk which said:
“With the exception of the last sentence, all of the records you have requested are subject to exemption from disclosure subject to Government Code sections §§ 6254(k), 6254.25, 6255, and 6276.04 and Evidence Code §954 and therefore your request for those records is denied.”
I find it shocking that the City and Jones & Mayer attorneys are now refusing to fulfill a simple public records request and justifying it by quoting Government Codes.
The public has a right to the content of any decision or policy affecting the public, along with reasons for the decision and background material of importance in framing the decision, including all environmental, social, or human rights impact assessments, or, as in this case, the trajectory of the Nevada City Historical Neighborhood District Initiative, as it made its way through Jones & Mayer, the city manager, and to the city council.
Furthermore, any refusals or denials of a request must be accompanied by substantive written reasons, based on the exemptions set out in the law. In addition, the notification of any request for records shall set forth the names and titles or positions of ‘each person’ responsible for the denial. (not the city clerk).
I am still waiting to receive the requested items from the City. It’s a sad day when our Nevada City staff and attorneys think it serves the public’s right to know, by categorically denying an entire public records request out of hand, and not identifying the persons denying that request, or the reasoning behind the denial of each portion of that request.
3 Though an agency must cite their reasoning, a broad “outweighing the public interest” catchall makes it tough to build a convincing case for denial.
Pauli Halstead
423 South Pine St.
Nevada City
July 11th 2022
Sean Grayson, Nevada City Manager
Dean Pucci, Nevada City Attorney
Amy Wolfson, City Planner
Public Records Request:
1). Please supply the General Plan Amendment Initiation Request (GPI) filed with the City.
2). Please supply any emails, notes, or letters addressed to either Sean Grayson, Dean Pucci, Amy Wolfson, or the City Clerk, from the Committee for Nevada City Neighborhoods District 2022 or any of the below named individuals, through July 11th , 2022.
3). Please supply any notes, emails or letters from the Committee for Nevada City Neighborhoods District 2022, or any of the below named individuals, prior to submission of the Nevada County Historical District Initiative to Dean Pucci, Sean Grayson, Amy Wolfson, or the City Clerk, in order to write the summary for the Petition for the Nevada City Historic District Initiative.
4), Please supply any notes or emails to the Committee for Nevada City Neighborhoods District 2022, or individuals listed below, from Dean Pucci, Sean Grayson, Amy Wolfson, or the City Clerk, after the Nevada City Historic District Summary was written.
Committee for Nevada City Neighborhoods District 2022,
Email: nevadacityresidents.com
Cathy Wilcox-Barnes
James A. Khatami
Laurie Oberholtzer
The Attorney, or anyone else who assisted in writing the Nevada City Historical District Initiative
5). Please supply records and notes of any preliminary review and discussion with Amy Wolfson, Sean Grayson, or Dean Pucci prior to the creation of the Nevada City Historical District Initiative to discuss the feasibility of amending the General Plan to designate a portion of the City as a Historic Neighborhoods District (HDN), and adding language requiring an architectural review permit under existing rules for erection or exterior alterations of building within the HDN.
6). Please supply any written proposals the Committee for Nevada City Neighborhoods District 2022, or any of the above listed individuals, made to discuss the feasibility of amending the General Plan in regards to:
• A history of previous proposals to amend the General Plan • The intent of City policy on amending the General Plan • Possible environmental concerns
• Required submittal data and procedures to be followed through the amendment process
7). Please supply a copy, of the Planning Application form from the Committee for Nevada City Neighborhoods District 2022 to the Planning Department for the proposed General Plan Amendment outlined in the Nevada City Historic District Initiative. 8). Please supply the application deposit check made out to Nevada City 9). Please supply records of the environmental review following submittal of the application. All General Plan amendment requests are required to have an environmental assessment to determine potential environmental impacts of a General Plan amendment. “When a city or county proposes to amend a general plan, the environmental analysis should focus on the changes proposed in the amendment. Reanalysis of unchanged portions of the general plan is not required.” (Black Property Owners Assn. v. City of Berkeley (1994) 22 Cal. App. 4th 974)
https://opr.ca.gov/docs/OPR_C10_final.pdf
10). Please supply copy of the Notice of Public Hearing (Notice) to announce when (date, time, and location) the General Plan Amendment Application will be heard by the Planning Commission.
11). Please supply the staff report for the Planning Commission from Amy Wolfson to indicate she has reviewed the General Plan’s current policy regarding amending the General Plan, specifically in regards to the impacts of expanding the Historical District and creating verbiage which will require an architectural review permit under existing rules for erection or exterior alterations of building within the HDN.
For a General Plan amendment to be approved, at least the following standard findings are requirement to be made by the City Council:
1. The proposed amendment is deemed to be in the public interest. The public must be duly notified of the proposed amendment and hearings must ensue.
2. The proposed amendment is consistent and compatible with the rest of the General Plan and any implementation programs that may be affected.
3. The potential impacts of the proposed amendment have been assessed and have been determined not to be detrimental to the public health, safety, or welfare. Financial welfare must be a consideration.
4. The proposed amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA).
5. The General Plan amendment must not violate State Law. In this instance SB9.
Examples of General Plan Amendment Process
https://www.sunnyvale.ca.gov/home/showpublisheddocument/1384/63782067589920 0000
https://www.ci.banning.ca.us/DocumentCenter/View/74/General-PlanAmendments?bidId= https://www.ci.larkspur.ca.us/DocumentCenter/View/138/General-PlanAmendment---Procedure?bidId= Thank you,
Pauli Halstead
423 South Pine St.
Nevada City, CA. 95959
1 Please supply the following emails, documents, notes, letters mentioned in the July Jones & Mayer invoicing to Nevada City.
7/1/2022-GPP-email from T. Byrom, re: patrol rifles and AB481 disclosure. The subsequent email response to Byrom re: how, if at all, Nevada City's patrol rifles fit or don't fit into the AB481 disclosure requirements.
7/5/2022-DJP-Copy of draft talking points and press release re: historic ballot initiative. 7/8/2022-KC -Draft of the talking points for council re: ballot initiative. 7/15/2022-SEP-emails with Dean Pucci re: initiative
7/18/2022- SEP-emails with Dean Pucci re: initiative
7/19/2022-KC-Revision of summary of ballot initiative process to sanitize for public use. 7/21/2022-SEP-emails with Dean Pucci regarding ballot measures. 7/21/2022-DJP-Notes taken during meetings and briefings with Council members on HND voter initiatives. Also, any notes taken by council members from same meeting.
Thank you,
Pauli Halstead
423 South Pine St.
Nevada City
1 August 27th
Dear Council;
I am requesting the following agenda item for the next city council meeting:
A discussion of the City's policy on the California Public Records Act, how to supply the requested information, and what legitimately constitutes denial of a Public Records Request.
(See attachments)
There seems to be some confusion lately regarding Public Records Requests and the city's obligation to fulfill those requests. This topic needs to be publicly addressed during a city council meeting.
Also, given the fact that Stephen Greenberg and I both requested an agenda item on a Reconsideration of the vote to place Measure W on the ballot, which was completely ignored by the city council, I would like to see you honor this agenda request in order to support transparency in our Nevada City government.
Thank You,
Pauli
The public’s right to information should be guided by the principle of maximum disclosure. There is a public interest in releasing information to provide a full picture.
The maximum disclosure principle encapsulates the basic rationale underlying the very concept of the right to information. Access to official information is a basic right and the overriding goal should be to implement maximum disclosure in practice.
There is a public interest in transparency and accountability, to promote public understanding and to safeguard democratic processes. There is a public interest in good decision-making by public bodies, in upholding standards of integrity, in ensuring justice and fair treatment for all, in securing the best use of public resources and in ensuring fair commercial competition in a mixed economy.
Presenting a ‘full picture’:
Even if wrongdoing is not an issue, there is a public interest in fully understanding the reasons for public authorities’ decisions, to remove any suspicion of manipulating the facts, or ‘spin’. For example, this may well be a public interest argument for disclosing advice given to decision makers (i.e. the city council). The fact that the advice and the reasons for the decision may be complex does not lessen the public interest in disclosing it and may strengthen it. Similarly, the information does not have to give a consistent or coherent picture for disclosure to help public understanding; there is always an argument for presenting the full picture and allowing people to reach their own view. There is also 2 a public interest in knowing that an important decision has been based on limited information, if that is the case.
If information that is already in the public domain (rather than the requested information) is misleading or misrepresents the true position, or does not reveal the full picture, this may increase the public interest in disclosure. For instance, where part of some legal advice has been disclosed, leading to misrepresentation or a misleading picture being presented to the public, there may be a public interest in disclosing the full advice.
If the public interest in disclosure is greater than the public interest in maintaining the exemption, then the information must also be released. There is an assumption in favor of disclosure in FOIA.
The principle of maximum disclosure establishes a presumption that all information held by public bodies should be subject to disclosure and that this presumption may be overcome only in very limited circumstances.
Public bodies have an obligation to disclose information and every member of the public has a corresponding right to receive information. The right should be available to all persons. The exercise of this right should not require individuals to demonstrate a specific interest in the information or to explain why they wish to obtain it.
Where a public authority seeks to deny access to information, it should bear the onus of justifying the refusal at each stage of the proceedings. In other words, the public authority must show that the information which it wishes to withhold comes within a limited regime of exceptions.
Both ‘information’ and ‘public bodies’ should be defined broadly. ‘Information’ includes all materials held by a public body, regardless of the form in which the information is stored (document, computer file or database, audio or video tape, electronic recording and so on), its source, (whether it was produced by the public body or some other entity or person), and the date of production.
The public has a right to the content of any decision or policy affecting the public, along with reasons for the decision and background material of importance in framing the decision, including all environmental, social, or human rights impact assessments, or, as in our case, the trajectory of the Nevada City Historical Neighborhood District Initiative, as it made its way through Jones & Mayer, (the city’s law firm), the city manager, and the city council.
Tackling the culture of official secrecy:
The law should provide for a number of mechanisms to address the problem of a culture of secrecy within government. These should include a requirement that public bodies provide comprehensive right to information training for their employees. Such training should address the importance and scope of right to information, procedural mechanisms 3 for accessing information, how to maintain and access records efficiently. Officials at all levels should receive some training, depending on their role.
Requests for information should be processed rapidly and fairly and an independent review of any refusals should be available. All public bodies should be required to establish open, accessible internal systems for ensuring the public’s right to request and receive information. Bodies should designate an individual who is responsible for processing such requests and for ensuring compliance with the law.
Any refusals or denials of a request must be accompanied by substantive written reasons, based on the exemptions set out in the law and provide the applicant information on their appeal rights. (Having the city clerk refer to a government code is not a substantive reason). Though an agency must cite their reasoning, a broad “outweighing the public interest” catchall makes it tough to build a convincing case.
The law stipulates that the records must be “relating to the conduct of the public’s business,” and exempts “purely personal” information that happens to be on a public account.
Constitution of the State of California
“(b) (1) The people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.” Records requests are expected to go to the body that holds the records. “(a) Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided.” Cal. Gov’t Code § 6252(e)
Other requests must receive a response within 10 days.
“(c) Each agency, upon a request for a copy of records, shall, within 10 days from receipt of the request, determine whether the request, in whole or in part, seeks copies of disclosable public records in the possession of the agency and shall promptly notify the person making the request of the determination and the reasons therefor.” Cal. Gov’t Code § 6253(c)
“In unusual circumstances, the time limit prescribed in this section may be extended by written notice by the head of the agency or his or her designee to the person making the request, setting forth the reasons for the extension and the date on which a determination is expected to be dispatched. No notice shall specify a date that would result in an extension for more than 14 days.” Cal. Gov’t Code § 6253(c) 4 “When the agency dispatches the determination, and if the agency determines that the request seeks disclosable public records, the agency shall state the estimated date and time when the records will be made available.” Cal. Gov’t Code § 6253(c) Agencies aren’t allowed to limit disclosure based on the motivation of the request. “This chapter does not allow limitations on access to a public record based upon the purpose for which the record is being requested, if the record is otherwise subject to disclosure.” Cal. Gov’t Code § 6257.5
“The agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of this chapter or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.” [Cal. Gov’t Code § 6255(a) “The agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of this chapter or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.” [Cal. Gov’t Code § 6255(a) (b). A response to a written request for inspection or copies of public records that includes a determination that the request is denied, in whole or in part, shall be in writing. “Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law.” [Cal. Gov’t Code § 6253(a)
b) Except with respect to public records exempt from disclosure by express provisions of law, each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, shall make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable. Upon request, an exact copy shall be provided unless impracticable to do so.
(3) The notification of denial of any request for records required by Section 6255 shall set forth the names and titles or positions of each person responsible for the denial. (not just the city clerk).
“Except as otherwise prohibited by law, a state or local agency may adopt requirements for itself that allow for faster, more efficient, or greater access to records than prescribed by the minimum standards set forth in this chapter.” [Cal. Gov’t Code § 6253(e) Pauli Halstead <[email protected]> Aug 27, 2022, 5:41 AM (1 day ago)
to Douglass, daniela.fernandez, Adam, Gary, louceci.nevadacity, Alan,
7.7 Agenda Request Policy. Requests for placement of items on the agenda by the public can be requested to the City Council during Public Comments for Items not on the Agenda. Any 5 member of the Council may request that an item be placed on a future agenda by indicating their desire to do so under that portion of the City Council agenda designated, “Council Member Requested Items, Committee Reports and Future Agenda Items” Additionally, the City Manager may place items on the agenda. For requested items by the public and/or the City Council the majority of Council must agree on the addition of that item to a future agenda.
1 August 26th, 2022
Dean Pucci, Nevada City Attorney for Jones & Mayer
Re: Questioning wording in Impartial Analysis by City Attorney for Measure W Dear Mr. Pucci;
As a voter of the jurisdiction in which the election is being held I am questioning your statement in the third paragraph of your Impartial Analysis which reads:
“The provisions of SB 9 do not apply to developments contained in local historic districts designated by ordinance. The California Attorney General has stated that this is a narrow exemption from SB 9 and it is unclear if the exemption will apply to the proposed Historic Neighborhoods District (“HND”).” In your August 3rd email to Deputy State Attorney General, Matthew Struhar, (obtained via a Public Records request) you ask:
“Mathew:
Thank you for your time on the call yesterday. Per our call please consider this confirmation of the request for a written correspondence regarding the states position on the proposed ballot initiative. I will confirm this matter has qualified to be placed on the ballot and the council’s deadline to act under the election code is august 10.
Best,
Dean”
To which Mr. Struhar replied via email on August 8th, stating:
“Dean,
I’ve been authorized to refer you to our letter to the City of Pasadena. The letter can be found here:
Thanks,
Matt”
https://oag.ca.gov/system/files/attachments/pressdocs/AG%20Letter%20to%20Pasadena%20re%20SB%209%20Urgency%20Ordinance.pdf Deputy Attorney General Struhar’s letter clearly states:
D. The City Cannot Avoid the Application of State Law by Declaring Itself a Historic District or Exempting Specific Plan Areas.
The letter goes on to explain:
“Although local governments have discretion in identifying local landmarks, historic properties, and historic districts, the City cannot use its discretion to categorically exempt itself from SB 9. To the contrary, SB 9 contemplates exemptions solely for specific sites or districts within a city²not the entire city. (Gov. Code, §§ 65852.21, subd. (a)(6), 66411.7, subd. (a)(3)(E).) Adopting a citywide historic overlay for the purpose of evading SB 9 would be an abuse of discretion.” 2 “Under the California Constitution, any restriction on housing development must bear a real and substantial relationship to the welfare of the affected region. (Associated Home Builders etc., Inc. v. City of Livermore (1976) 18 Cal.3d 582, 609.)”
“As the City considers a permanent SB 9 ordinance, it must be mindful of its obligations under State law.” “Accordingly, we request that the City take prompt action to repeal and/or amend the ordinance to be consistent with state law, and do so no later than 30 days from the date of this letter.” Sincerely,
MATTHEW T. STRUHAR Deputy Attorney General
For ROB BONTA Attorney General
Mr. Pucci, your statement in the third paragraph of the Impartial Analysis, submitted to the Elections Office, is not consistent with the response from Mr. Struhar. You can correct your Impartial Analysis to be consistent with the state’s position to accurately read:
The state’s position on the Historic District exemption is that the City cannot avoid the application of State Law by Declaring Itself a Historic District or Exempting Specific Plan Areas.
You had the state’s position prior to submission of your Impartial Analysis and prior to the city council’s vote to place the measure on the November ballot, so in my opinion, you had an obligation to write that position in your Impartial Analysis.
Furthermore, had you reached out to the Attorney General in early April, instead of waiting until August 3rd, and been informed of the State’s position as of March 15th, you could have advised the Historic Neighborhoods District Committee and their attorneys to draft their initiative to be consistent with state law. All this trouble, which has now cost the city significant attorney’s fees, plus costs in putting the measure on the ballot, and will likely be struck down if Measure W passes, could have been avoided.
Your comments at the Wednesday city council meeting, that a 9212 Report would still have resulted in putting Measure W on the November ballot, would surely have informed the community to better understand the impacts of the Historical Neighborhoods District Initiative so they could vote accordingly.
One last thing! The process by which I obtained your August 3rd email was through a legitimate public records request. Now the City and Jones and Mayer are illegally denying my August 23rd Public Records request. To categorically deny the entire request is a violation of the California Public Records Act by which citizens, like myself, are entitled to have access to the processes of government. Please supply the requested documents in my August 23rd Public Records Request.
Sincerely,
Pauli Halstead
From: Sally Harris <[email protected]>
Sent: Monday, September 12, 2022 12:49 PM
To: Public Comment <[email protected]>
Cc: Doug Fleming <[email protected]>; Sean Grayson <[email protected]>; [email protected] Subject: Comment for 9/14/2022 City Council Meeting, regarding police vehicles Public comment on item 12, City Council Agenda for 9/14/2022 Honorable Councilmembers,
The staff report on the purchase of two new police vehicles state that they may be black or white. I would encourage you to give direction to staff that they be white, as it better supports the idea that our police force is here to protect and serve our residents, businesses and visitors. The black truck that is currently in the fleet comes across as "tough." It sends the message that people will be dealt with in an aggressive manner, more appropriate to a dangerous community. In my opinion, that does not reflect the reality of our city, nor does it reflect our shared values in our desire to remain a city with it's own police force that is supportive of our community.
Respectfully,
Sally Harris
625 Spring St
Nevada City
From: Daniel Ketcham <[email protected]>
Sent: Wednesday, September 14, 2022 3:43 PM
To: Public Comment <[email protected]>
Cc: Sean Grayson <[email protected]>; [email protected]; [email protected]; Adam Kline <[email protected]>; [email protected]; [email protected]
Subject: Outdoor Dining Ordinance comment
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September 14, 2021
Members of the City Council
Re: Proposed Outdoor Dining Ordinance
Members of the Council:
The Nevada County Historical Society remains opposed to parklet dining in the Historical District.
The continued erosion of the Historical District is alarming. The exception made for COVID was understandable, but the COVID restrictions have passed and it is time for businesses to move back inside.
Even with the design selected, they are not in keeping with the historical appearance of the most well preserved Gold Rush town in the State. Many downtowns are keeping in street seating post pandemic, and we will be just part of a generic Anywhere USA look, not unique. The visual clutter of umbrellas, heating devices, and a varied assortment of tables and chairs will not enhance our downtown.
We would prefer sidewalk seating instead. Or summer time street dining only, so that part of the year our downtown is still in its original and more traditional appearance.
If the ordinance is passed, we make the following revision recommendations:
---The fee should be greater than $3000/year which barely covers loss of parking meter fees and does not cover loss of physical parking. The fee should go into the parking fund.
---Each sidewalk and parklet encroachment permit should be reviewed for approval by the Planning Commission. Not the City Engineer. This would be consistent with the architectural review ordinances.
---The furniture guide should be the responsibility the Planning Commission not the City Planner.
---Umbrellas should match in color and design.
---Planters should not be permitted unless of matching design and landscaping materials and of height of the planter and plants should not obscure views.
---Railing design should be of the design proposed only and built by same source, no alternate designs permitted.
Sincerely,
Daniel R. Ketcham
President
Nevada County Historical Society