Chapter 17.44 EC EMPLOYMENT CENTER ZONE
17.44.010 Purpose.
The purpose of the EC zone is to encourage the development of light assembly, manufacturing, and research and development uses, which are compatible with surrounding neighborhoods and environment. Permitted uses shall be primarily employment oriented, with incidental retail sales permitted with approved uses. This zone shall be consistent with the Employment Center designation of the General Plan. (Ord. 87-2 § 4.08-01, 1987)
17.44.020 Principal permitted uses.
In the EC zone, the following uses are permitted:
A. Any light assembly or manufacturing use that is conducted completely within a building, does not involve outside storage, and does not generate noise in excess of the levels allowed by the city's noise ordinance, or glare to the surrounding properties.
B. Research and development, administrative engineering, laboratories, and related activities; C. Manufacture, assembly, testing, repair, and incidental sales of any components, devices, equipment, and systems relating to electronics, medical supplies, and scientific or mechanical instruments; D. Artists' studios, craft work shops and cabinet shops; E. Any similar use, consistent with the purpose and intent of the zoning district, as determined by the planning commission or city council.
(Ord. 87-2 § 4.08-02, 1987)
17.44.030 Accessory uses.
In the EC zone, the following are accessory uses:
A. Personal services and retail business primarily for the convenience of employees of the principal permitted use;
B. Recreation facilities for the convenience of employees of the principal permitted uses, only when conducted as accessory uses on the parcel occupied by the principal use; C. Residence for occupancy by a caretaker or watchman employed for the protection of the principal permitted use.
(Ord. 87-2 § 4.08-03, 1987)
17.44.040 Conditional uses.
In the EC zone, the following are conditional uses:
A. Child care facilities with up to thirty-five children; Created: 2022-08-17 09:04:15 [EST]
(Supp. No. 3)
B. Any of the above uses with outside storage;
C. Any use involving incidental retail sales;
D. Public and quasi-public uses;
E. Convalescent hospitals;
F. Business services, including advertising, credit, bookkeeping, employment and similar agencies, business and management consultants, stenographic, duplicating, blueprinting, photocopying and messenger services;
G. Health clubs and lodge and fraternal organizations.
(Ord. 87-2 § 4.08-04, 1987)
17.44.050 Height regulations.
In the EC zone, the height regulation is thirty-five (35) feet. (Ord. 87-2 § 4.08-05, 1987)
17.44.060 Development standards.
The following minimum requirements shall be observed in the EC zone, except where increased for conditional uses or when abutting a residential use, in which case the bufferyard standards of Section 17.80.080 of this title shall apply:
A. Lot width, sixty feet;
B. Front yards, twenty-five feet, except that where the frontage between two intersecting streets is located partly in this zone and partly in an R1 zone, the front yard requirement of the R1 zone shall apply to this zone;
C. Side Yards.
1. Interior, nine feet, except for unattached accessory uses, unless there is a party wall, in which case it shall be five feet;
2. Street side of corner lot, ten feet;
D. Rear yards, 10 feet, except for unattached accessory uses, unless there is a party wall, in which case it shall be five feet;
E. Lot coverage shall not exceed seventy-five percent of the total lot area, except when the lot abuts a residentially zoned area, in which case the lot coverage shall not exceed fifty percent. (Ord. 87-2 § 4.08-06, 1987)
17.44.070 Other required conditions in the EC zone.
A. All uses are subject to the provisions of Chapter 17.80 of this title.
B. All uses shall be conducted wholly within a completely enclosed building, except for off-street parking, loading facilities, or as otherwise approved by a conditional use permit.
Created: 2022-08-17 09:04:15 [EST]
(Supp. No. 3)
C. Landscaping. An area the width of the property and a depth of fifteen feet as measured from the front and/or side street property lines and the paved edge or inside curb face of the public street or inside edge of the sidewalk if it adjoins the curb shall be permanently landscaped with plant materials as defined in Chapter
17.80 of this title, and shall be maintained thereafter in an attractive and well-kept condition. Sidewalks and driveways shall be excepted therefrom. The additional landscaping standards of Chapter 17.80 of this title shall apply.
(Ord. 87-2 § 4.08-07, 1987)
RESOLUTION NO. 2022-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY
TO MAKE A LAND USE CONSISTENCY FINDINGS FOR A CLASSIC CAR
SHOWROOM AND SALES OFFICE WITH ANCILARY USES AND EVENTS AT 400 PROVIDENCE MINE ROAD AND AUTHORIZING THE MAYOR TO SIGN WHEREAS, at their regular meeting held January 12, 2022 the City Council adopted Ordinance 2022-11, amending the allowed land uses within the Development Agreement applicable to the Tech Center properties located at 400 Providence Mine Road, Nevada City, California; and
WHEREAS, the amended Development Agreement provides for allowed and conditionally allowed land uses outlined in the Employment Center (EC) zoning designation; and
WHEREAS, the EC zoning designation, Section 17.44.020 (E) provides the City Council authority to approve a land use that is found to be similar to those allowed in the EC designation upon make a finding of consistency with the purpose of the district; and WHEREAS, the purpose of the EC zoning designation, as outlined in section
17.44.010, is to encourage the development of light assembly, manufacturing, and research and development uses, which are compatible with surrounding neighborhoods and environment. Permitted uses shall be primarily employment oriented, with incidental retail sales permitted with approved uses; and
WHEREAS, property owner, Chris Anderson has proposed a classic car showroom, storage, and sales office together with ancillary uses including a restaurant and bar and regular public events including an outdoor beer garden along with familyfriendly activities, and live music, as outlined in Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nevada City that the classic car museum, storage and sales use together with ancillary uses, as outlined in Exhibit A are found to be consistent with the overall purpose of the Employment Center (EC) district because the impacts are similar to others allowed or conditionally allowed under the EC designation such as art studios, health clubs, and fraternal organizations.
PASSED AND ADOPTED at the regular meeting of the City Council of the City of Nevada City on the 28th day of September, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Doug Fleming, Mayor
ATTEST:
Niel Locke, City Clerk
Nevada City Flex Space and Co-Working/Warehousing Campus The concept is to create a vibrant community of a variety of businesses that focuses on meeting the needs of small and medium size businesses, freelance professionals, and remote workers who need a space and seek a community with a collaborative spirit. Customers will also benefit from professional services such as printing, consulting, professional, health, and wellness with the addition of on-site lifestyle and hospitality amenities.
We want to help small businesses get started and also stay afloat when times are tough while enabling people to connect and get things done without having to rely on prohibitive long-term leases.
Building Amenities: Flexible Space, Fiber Optic Internet, Back-Up Power Generation, Loading Docks, Elevators, Parking, Hiking Trails, Close to Shops and Restaurants.
BUILDING N-3 – 71,000 SQUARE FEET
This building will be focused on co-working office spaces upstairs with service oriented businesses downstairs.
Upstairs Type Businesses
Professional private offices and floating desk space monthly membership for small to medium size businesses for the following types of businesses:
architect, attorney, chiropractor, acupuncturist, massage therapist, designer, esthetician, barber, counselor, dance, yoga, martial arts, etc.,
Downstairs 71,000 SQUARE FEET
Classic Cars West Nevada City
This will be a mixed concept consisting of a collector car dealership, collector car rental, restaurant/bar, lounge, member lounge, indoor and outdoor event space, collector car storage.
Collector Car Dealership/Museum
• 35-60 Vehicles
Collector Car Storage/Museum
• 50-100 Vehicles
Exhibit A
Resolution 2022-61
Indoor Restaurant/Bar
• Table Seating for Aprox. 75 People
• Bar Seating for Aprox. 25 People
Outdoor Seating
• Table Seating Aprox. 60 People
Outdoor Events May - October 1 - 4 a Month
• Live Music (within city ordinance)
• 50 – 400 Vehicles
• 50 – 800 People
Projected Annual Income:
Dealership $850,000 - $1,000,000
Vehicle Rental $40,000 - $100,000
Memberships $10,000 - $30,000
Indoor Collector Storage $90,000 - $200,000
Food and Beer Garden $850,000
Events $30,000 - $100,000
A company that is currently offering a similar concept is Garage Collective in San Diego https://garagecollective.com/
COWAREHOUSING - BUILDING N-4 – 71,000 SQUARE FEET
This is a newer concept that is gaining a lot of traction and attention in the cowork industry. We will be providing private warehouse suites and office spaces that are perfect for entrepreneurs looking to give their businesses space options to easily expand or contract on a monthly rental term with no long term commitments. The property is offering flex space warehousing/light industrial space that includes office spaces, fiber internet, back-up power, flexible storage options, loading docks, commercial kitchen, and conference rooms.
Types of Businesses
Private offices for small to medium size businesses for some of the following types of businesses: e-commerce, contractor offices, professional Services, light manufacturing, packaging, commercial kitchen, assembly, packaging, printing, artist studios, etc.
Below is a Picture on The Salt Box Website Showing that they received the Fast Company Most Innovative Company Award for 2022.
https://www.saltbox.com/
Proposed Leasing Plan:
The proposed leasing plan is described in the attached document entitled “Nevada City Flex Space and Co-Working/Warehousing Campus.” The Ganesh Campus leasing plan will include professional office and co-working spaces, service-oriented businesses, private warehouse suites with office spaces for entrepreneurs seeking space for e-commerce, professional offices (and services), light manufacturing, assembly, packaging, commercial kitchen, printing, and artist studios, etc.
One building is proposed for leasing of the downstairs area (71,000 square feet) to Classic Cars West Nevada City. This use provides an opportunity for members and others to view classic cars in a museum-type of atmosphere, while enjoying a member lounge, an opportunity to store classic cars in a controlled environment, and to socialize with other classic car enthusiasts at the restaurant/bar and events designed to bring car owners together. Classic Cars West Nevada City would conduct sales on site, but the cars will be displayed in a museum-type setting and sales would be conducted discreetly in an on-site office. Cars will not be stored outdoors.
Consistency with Development Agreement and Employment Center zoning (as modified):
The plan for use is consistent with the Development Agreement (“DA”) for the property, as amended on December 8, 2021. In addition to the Employment Center (“EC”) zoning designation set forth in the DA, in December of 2021 the City Council amended the DA to include office and professional uses, as well as cannabis uses (“2021 Amendment”).
Building N-3 – 71,000 Square Feet (Upstairs):
Building N-3 will house office and professional uses as described in the 2021 Amendment. It will also be available to artists, craft workshops, and similar uses, which is identified in Nevada City Code section 17.44.020(D) as an allowed use. The proposed uses are all consistent with the EC zoning and the DA as Amended.
Building N-3 – 71,000 Square Feet (Downstairs):
The classic car museum, sales, and social venue is proposed for the lower level of this building. Classic Cars West Nevada City handles only classic cars that are considered collectable in the car community. The cars will be displayed in a gallery-type of setting that would be similar to an artist’s studio. (17.44.020(D).) The storage and museum-style set up will not have any impacts that would be different than the uses identified in 17.44.020(A) through (D). The restaurant and bar will be an “accessory use” as described in 17.44.030(A) and (B). Both buildings on the property will be occupied by professionals and entrepreneurs, and it is anticipated that the restaurant and bar will be frequented by the other tenants and their employees.
“The purpose of the EC zone is to encourage the development of light assembly, manufacturing, and research and development uses, which are compatible with surrounding neighborhoods and environment. Permitted uses shall be primarily employment oriented, with incidental retail sales permitted with approved uses. This zone shall be consistent with the Employment Center designation of the General Plan.” (17.44.010.) The EC zone was developed at a time when technology research and development was the anticipated use. Today the purpose of an “employment center” is the same: to promote uses that will employ local workers, while remaining compatible with the surrounding neighborhoods. While Tektronix, Inc. planned to manufacture products and equipment specifically for the broadcasting industry, today’s entrepreneurs are working in a broader range of endeavors. The uses proposed are similar in nature: light manufacturing, creative work, ecommerce, packaging, incidental sales, and the associated professional offices. The careful storage and display of collector cars and the associated opportunities for sales and social events is consistent with the overall purpose of the EC zone. (17.44.020(E).) The social opportunities provided by the classic car museum, restaurant/bar, and events designed to bring car enthusiasts together, will provide the type of accessory use anticipated in the EC zoning to provide for the convenience and enjoyment of the tenants and their employees. This proposed use will also fulfill the purpose of the EC zoning designation in providing employment opportunities in Nevada City.
Building N-4 – 71,000 Square Feet:
Building N-4 includes short-term leasing for entrepreneurs needed more space than just an office, and it is anticipated that the warehouse suites and offices will attracts e-commerce, contractors, light manufacturing, packaging, assembly, and art studios for large scale pieces.
These uses are consistent with 17.44.020 (A), (C) and (D), and are “consistent with the purpose and intent of the zoning district.” (17.44.020(E).)
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: September 28, 2022 Agenda Item No. 09
Subject: Consideration of Award of a Professional Services Contract with Chargie LLC for the Installation, Maintenance and Data Collection for Six Electric Vehicle (EV) Chargers in the Commercial Street Parking Lot in an Amount Not-toExceed $48,000 and Authorize the City Manager to Execute the Related Documents
From: Bryan McAlister, City Engineer
Date: September 20, 2022
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Award the Professional Services Contract and authorize the City Manager to execute documents.
ISSUE STATEMENT AND DISCUSSION:
City Engineering staff issued a Request for Proposal (RFP) for EV Chargers in Commercial Street Lot.
The scope of work includes the procurement of EV charging equipment and installation of three (3) level 2 dual charging stations for a total of six (6) available charging ports at the project site, Commercial Street Parking Lot at 400 Commercial Street. The charging stations will be distributed within the lot in both regular parking spots and in one of the disabled parking spots within the lot. The project includes parking stall reconfiguration, striping, and signage.
Request for proposals was advertised on July 29, 2022 and proposals were received on August 17, 2022, as follows:
Carbon Solutions Group, Chicago, IL
National Car Charging LLC, Denver, CO
Chargie LLC, Culver City, CA
City staff evaluated each proposal based on evaluation criteria included in the RFP. The evaluations were independently completed by Bryan McAlister, Sean Grayson, Shane Kinne and William Falconi.
Based on the evaluation rankings, Chargie LLC was selected as the top ranked firm and is recommended for consideration of award. Staff conducted a reference check for Chargie LLC receiving positive reviews.
City staff recommends that the contract be awarded to Chargie LLC. Upon approval by the City Council, the City Manager will negotiate with the consultant for the final scope of work and cost and will execute a contract in the amount not to exceed $48,000.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The EV Chargers in Commercial Street Lot project will be funded using a $44,000 grant from Northern Sierra Air Quality Management District, and the remaining $4,000 will be funded by City General Fund.
Staff anticipates operating the charging stations with a fee for the first 6-12 months of operation to build usage data. After that it is anticipated that the EV Chargers will generate revenue and this will be used to refund the amount used from the City’s general fund within an estimated timeframe of twelve months.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
ATTACHMENTS:
Professional Services Contract for EV Chargers in Commercial Street Lot Proposal for EV Chargers in Commercial Street Lot from Chargie LLC City of Nevada City
Engineering Department
317 Broad Street
Nevada City, California 95959
(530) 265-2496 x126
Request for Proposal
EV Chargers in Commercial Street Lot
RFP Issue Date: July 29, 2022
RFP Submission Deadline: August 17, 2022 by 3pm
City of Nevada City
RFP for EV Chargers in Commercial Street Lot
REQUEST FOR PROPOSAL
EV Chargers in Commercial Street Lot
Sealed proposals for RFP will be received by the City at City Hall, City of Nevada City, 317 Broad Street, Nevada City, California, 95959, until 3:00 PM, August 17th, 2022.
Proposals shall be enclosed and sealed in an envelope addressed to the City of Nevada City at the above stated address and shall be marked "EV Chargers in Commercial Street Lot ". Three complete paper copies of proposals with original signatures shall be provided. Late, facsimile or emailed proposals will not be accepted.
The work includes the furnishing of all professional services including all labor, materials, and equipment required for the job in accordance with Request for Proposal and other contract documents (attachments to the RFP) as set forth by the City Engineer. Such documents will be on file with the City and are available and may be obtained at City Hall at 317 Broad Street, Nevada City, California on or after July 21, 2022.
Any questions regarding this RFP must be directed to the Engineering Department of the City of Nevada City, Bryan McAlister via phone at (530) 559-2496 x126, or via email at [email protected] .
****************************************************************************** The City reserves the right to reject all proposals; to reject any proposal which is incomplete or irregular; to determine which proposal is, in its judgment, the qualified Consultant and to waive any informality or minor irregularity of any proposal.
DATED: July 29, 2022 CITY OF NEVADA CITY
______________________________
Bryan McAlister, PE, PLS
City Engineer
City of Nevada City
RFP for EV Chargers in Commercial Street Lot
Intent:
The City of Nevada City requests proposals / bids for the purchase of EV charging equipment and installation to include three (3) level 2 dual charging stations for a total of six (6) available charging ports at the project site, Commercial Street Parking Lot at 400 Commercial Street.
Timeline/Schedule of Events: The following are key dates for this RFP. The City reserves the right to modify this schedule of events at any time:
• Issue RFP – By July 21, 2022.
• Vendor Questions Due – August 5, 2022
• Responses to Vendor Questions Posted – August 8, 2022 • Pre-Bid Site Visits (as needed, not mandatory)
• Bids Due – August 12, 2022 by 3pm
• Vendor Interviews/Demos (verification of bid compliance) - TBD by City • Final Selection – August 18, 2022
• Approval by City Council – August 24, 2022
• Installation of Charging Infrastructure – installation to begin within 60 days of charging equipment delivery to City.
• Project Completion Deadline Date- December 31, 2022 (or sooner) • Final Invoicing Due Date-January 31, 2023 (or sooner) Vendor Requirements:
1. The proposing Vendor will have been in business for more than five years.
2. Vendor must possess an EVIPT certification as a requirement of the California Energy Commission.
3. Contractor installing the equipment must be licensed by the State of California as a C10 Electrical Contractor, pay prevailing wages for all hired labor and shall be registered as a public works contractor with the Department of Industrial Relations as required by the State of California for labor compliance.
4. By submitting a bid, Vendor certifies that it is not party to any collusive action or any action that may be in violation of state and/or federal law.
Project Description:
Nevada City proposes an electric vehicle charging station project that will bring the first public electric vehicle charging station to the City of Nevada City. The project includes three (3) level 2 dual charging stations for a total of six (6) available charging ports. The stations will be located in the City owned Commercial Street Parking Lot at 400 Commercial Street, Nevada City, California 95959. The land is owned by the City of Nevada City. The charging stations will be distributed within the lot in both regular parking spots and in one of the disabled parking spots within the lot. The project includes parking stall reconfiguration, striping, and signage to provide accessible charging opportunities. The map provided below shows the lot as outlined in yellow.
City of Nevada City
RFP for EV Chargers in Commercial Street Lot
The Commercial Street Parking Lot has 76 parking spots that experience 20% capacity beginning daily at 8am increasing throughout the day to 80% capacity Monday through Thursday and to 100% capacity through 10pm or later Friday through Sunday. The weekly in/out or throughput of the lot is 2,100 vehicles. Daily surveys in May 2022 have found not less than four plug-in hybrid or electric vehicle in the lot at any given time with a high of forty-two. Given that there are no other publicly accessible electric vehicle charging stations within Nevada City it is anticipated that the six charging stations will experience between 165 and 350 charging cycles per week.
Electricity is provided to the existing infrastructure, including restrooms and a retail shop by Pacific Gas and Electric and is paid for by City of Nevada City. Cameras on site are powered by on-pole solar panels. The project will be installed and located in California, complies with all applicable federal, State, local laws and requirements including environmental laws, and State building, environmental and fire codes. This will be accomplished by permitting the installation through the City of Nevada City and County of Nevada.
City of Nevada City
RFP for EV Chargers in Commercial Street Lot
Scope of Work
The following is an outline of tasks required to do this work. Some tasks are designated as being provided by the City. All remaining tasks, including those not shown that may be necessary for the consultants work shall be performed by the Consultant. Consultants preparing a proposal should elaborate on their approach for their respective scope of work.
1. Project Management & Coordination
a. There will be a Kick-Off Meeting between the City and the selected consultant to negotiate the final budget and determine the final schedule with milestones to complete the tasks described in the Scope of Work.
b. Meetings and Site Visits as required for the Consultant to perform their work shall be included with the tasks listed in the Consultants scope of work and cost proposal.
2. Project Submittal
c. Prior to the City’s authorization of procurement, Consultant will prepare and provide a submittal shall include shop drawings, specifications and design of site-specific EV Charger facilities that meet current CA Code requirements. d. City will review the submittal and may request modifications to the submittal package.
e. Upon completion of City review of the submittal, the Consultant will prepare and submit permit documents to the County of Nevada Building Department. f. Permits for all work shall be obtained prior to procurement and commencement of installation.
g. Consultant shall provide utility coordination with PGE as required.
3. Delivery of Materials
h. Delivery of materials: Three (3) Level 2 Dual Charging Stations shall be delivered to the City of Nevada City within 60 days after the City’s payment of the equipment invoice from Vendor. All prices shall include delivery and applicable taxes. i. Delivery Coordination: Vendor shall provide a delivery and installation schedule to Bryan McAlister, at City of Nevada City Engineering Department.
4. Installation of EV Chargers
j. Contactor shall upgrade electrical infrastructure as needed to supply power.
City of Nevada City
RFP for EV Chargers in Commercial Street Lot
k. Contractor shall provide installation of EV Charger which shall include all demolition, site preparation, concrete, electrical, signage and complete EV Charger facility installation.
l. Contractor shall coordinate with the building inspector for final inspection of the facility.
m. Contractor shall calibrate and test electric vehicle supply equipment in accordance with manufacturer's requirements.
Proposal Submittal Requirements
The Consultants proposal shall be submitted in the following format. There is no page limit, however it encouraged that the proposal be brief and concise. Cover letter: The cover letter shall reference this RFP and shall include the Consultant’s project manager contact name, mailing address, telephone number, and email address, signed by a person authorized to execute a contract with the City. Qualifications and Experience: The proposal must clearly describe the Consultant’s ability for undertaking and performing the work. Please list projects of very similar work performed by the consultant / vendor.
Project Approach / Scope of Services: A statement expressing the firm's understanding of, and general approach to, the proposed Project and associated issues. Also, describe the firm’s understanding of key issues and its approach to resolving those issues. Provide a Scope of Professional Services for the work being performed by the Consultant or subconsultants. (Exhibit A) Delivery Schedule of the charging equipment. Project must be completed by December 31, 2022.
Provide a listing of any subconsultants or subcontractors. (Exhibit B) Cost Proposal: Provide a cost proposal with an estimated fee for each of the tasks included in the Scope of Services. Each task budget shall include labor and expenses, including subconsultant or subcontractor costs. Labor budget computations shall be shown with planned labor hours and hourly billing rates of each staff member or labor classification. (Exhibit C)
Evaluation criteria
The following criteria will be used in evaluating consultant RFP’s:
• Understanding of the work to be done. (25%)
• Experience with similar kinds of work. (25%)
• Experience and qualifications of personnel. (20%)
City of Nevada City
RFP for EV Chargers in Commercial Street Lot
• Financial considerations and cost for services. (15%) • Demonstrated technical ability. (15%)
Based on the evaluation rankings, the City may either decide to conduct interviews with the top two or three ranked firms, or the City may select a consultant directly from the final rankings. Upon approval of the selected Consultant by the City, a mutually acceptable price will be negotiated; a written Agreement will be prepared, and recommended for award subject to approval by the City Council.
The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified firm, or to modify or cancel in part or in its entirety the Request for Proposal if it is in the best interest of the City to do so.
Performance Period
If this proposal is accepted, the CONSULTANT agrees to execute the contract, and furnish to the City all required evidences of insurance, within ten (10) days after receiving written notice of the award of contract, and complete the project within the timeframes outlined in this proposal.
A warranty period for performance of the equipment shall be one year following final acceptance of completion by the City.
Professional Services Contract
Attached is a copy of the Professional Services Contract. All provisions of this contract are made a part of this Request for Proposal.
Attachments:
1. Professional Services Contract
City of Nevada City
RFP for EV Chargers in Commercial Street Lot
Exhibit A
CONSULTANTS PROPOSAL
SCOPE OF WORK
Provide a Scope of Professional Services for the work being performed by the Consultant or subconsultants.
City of Nevada City
RFP for EV Chargers in Commercial Street Lot
Exhibit B
SUBCONTRACTORS LIST
Provide a listing of any subconsultants or subcontractors. _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________
City of Nevada City
RFP for EV Chargers in Commercial Street Lot
Exhibit C
COST PROPOSAL
Provide a cost proposal with procurement cost including tax and fees and an estimated fee for each of the tasks included in the Scope of Services. Each task budget shall include labor and expenses, including subconsultant costs. Labor budget computations shall be shown with planned labor hours and hourly billing rates of each staff member or labor classification.
Hourly rates shall include all labor cost, fringe benefit rates, indirect costs (overhead and general/administrative) fee/profit, and subconsultant costs.
Do not include mark-ups, contingencies or optional services or tasks. ver 4‐13‐18
PROFESSIONAL SERVICES CONTRACT
CITY OF NEVADA CITY
THIS AGREEMENT is made and entered into this ________day of _______, 201__, by and between the CITY OF NEVADA CITY, hereinafter referred to as "City" and ___________________________________ hereinafter referred to as "Consultant".
RECITALS:
WHEREAS, City desires to retain a Consultant to provide the following services:
See attached Scope of Work (Exhibit “A”) for ______________________________________ WHEREAS, Consultant warrants that it is qualified and agreeable to render the aforesaid services.
NOW, THEREFORE, for and in consideration of the agreement made, and the payments to be made by City,the parties agree to the following:
1. SCOPE OF SERVICES: Consultant agrees to provide all of the services described in Exhibit "A" attached hereto and by this reference made a part hereof.
A. Consultant agrees to furnish all labor, materials, equipment, services, and other means necessary to perform and complete in a good and workmanlike manner, those certain improvements as called for, and in the manner designated in Exhibit “A”.
2. ADDITIONAL SERVICES: The City may desire services to be performed which are relevant to this contract but have not been included in the scope of the services listed in Paragraph 1 above and Consultant agrees to perform said services upon the written request of City. These additional services could include,but are not limited to,any of the following:
A. Work requested by the City in connection with any other matter or any item of work not specified herein;
B. Work resulting from substantial changes ordered by the City in the nature or extent of the project, and
3. PROJECT RECORDS: Consultant shall maintain project records and data in a format acceptable to City and State, and provide same to the City within thirty (30) days after the completion of the contract and prior to final payment.
4. CITY FURNISHED SERVICES: The City agrees to:
A. Guarantee access to and make provisions for the Consultant to enter upon public and private lands as required to perform their work.
B. Not withhold approval of final deliverables without substantial cause.
C. Make available all pertinent data and records for review. ver 4‐13‐18
D. Provide general bid and contract forms and special provisions format when needed.
5. FEES: Payment for the services provided under this Agreement shall be based on a unit price basis at rates set forth in Exhibit "C" for a Fixed Price, Not to Exceed Amount of $_____________. The City agrees to pay and the Consultant agrees to accept, in full payment for the work above agreed to be done, the payment of unit price for all work described herein subject to additions and deductions as provided in this contract.
6. PAYMENT:
Payment for services under this Contract shall be due each month within thirty (30) calendar days after receipt by City of an invoice covering the service(s) rendered to date.
With respect to any additional services provided under this Contract as specified in paragraph 2 hereof, Consultant shall not be paid unless Consultant has received written authorization from City for the additional services prior to incurring the costs associated therewith.
7. CONTRACT PERFORMANCE TIME: If this bid is accepted, the bidder agrees to execute the Agreement, and furnish to the City all required evidences of insurance, within ten (10) days after receiving written notice of the award of contract, and complete the project within one hundred and twenty (120) calendar days after receiving written notice to proceed.
8. INSURANCE: Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. ver 4‐13‐18
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity.
Waiver of Subrogation
Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the selfinsured retention may be satisfied by either the named insured or Entity.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.
Claims Made Policies (for Professional Liability Coverage) If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
Verification of Coverage
Consultant shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors(or Subconsultants) maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
9. WORKER'S COMPENSATION: The Consultant acknowledges that it is aware of the provisions of the Labor Code of the State of California which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code and it certifies that it will comply with such provisions before commencing the performance of the work of this Contract. A copy of the certificates evidencing such insurance shall be provided to City prior to commencement of work.
10. PREVAILING WAGE AND APPRENTICES: Consultant acknowledges awareness of the provisions of the Code, in particular Labor Code Sections 1770 to 1780, inclusive, and Title 8 of the California Administrative Code Sections 200 et seq.; and shall comply with such provisions ver 4‐13‐18
before commencing services required by this Contract to be performed by employees subject to these provisions.
Pursuant to SB 854, this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). The DIR registration number of each subcontractor and subconsultant must be identified and failure to identify this number could categorize your proposal as non-responsive. The City reports all public works contracts to the DIR within 5 days of the contract award date.
11. NONDISCRIMINATORY EMPLOYMENT: In connection with the execution of this Contract, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin, political affiliation, ancestry, marital status or disability. This policy does not require the employment of unqualified persons.
12. SUBCONTRACTING: Consultant shall not subcontract nor assign any portion of the work required by this Contract without prior written approval of the City except for any subcontract work identified herein. Consultant shall require any such subcontractor to comply with all of the provisions of this contract except that Consultant may determine the need for subcontractor to carry errors and omissions insurance.
13. ASSIGNMENT: The rights, responsibilities and duties under this Contract are personal to the Consultant and may not be transferred or assigned without the express prior written consent of the City.
14. LICENSING: The Consultant shall maintain the appropriate licenses throughout the life of this Contract.
15. BOOKS OF RECORD AND AUDIT PROVISION: Consultant shall maintain on a current basis complete books and records relating to this contract. Such records shall include, but not be limited to, documents supporting all bids, all income and all expenditures. The books and record shall be original entry books with a general ledger itemizing all debits and credits for the work on this contract.
In addition, Consultant shall maintain detailed payroll records including all subsistence, travel and field expenses, and canceled checks, receipts and invoices for all items. These documents and records shall be retained for at least three (3) years from the date of final payment and all other pending matters are closed for completion of this contract. Consultant will permit City to audit all books, accounts or records relating to this contract or all books, accounts or records of any business entities controlled by Consultant who participated in this contract in any way. Any audit may be conducted on Consultant's premises or, at City's option, Consultant shall provide all books and records within a maximum of fifteen (15) days upon receipt of written notice from City.
Consultant shall refund any moneys erroneously charged. If City ascertains that it has been billed erroneously by Consultant for an amount equaling 5% or more of the original bid, Consultant shall be liable for the costs of the audit in addition to any other penalty to be imposed.
16. TIME OF COMPLETION: The Consultant agrees to complete each phase of the work within the time schedules outlined within this Contract.
17. LIQUIDATED DAMAGES: Time is of the essence in the performance of the services by the Consultant.
In the event that the Consultant's work is not completed in an acceptable fashion by any of the dates established herein, the City may incur damages due to the delay.
18. DISPUTE RESOLUTION: Every effort will be made to resolve, in an equitable manner, any dispute arising between the City and Consultant concerning the terms of this agreement and subsequent Task Orders.
19. TITLE: It is understood that any and all documents, information and reports concerning this project prepared by and/or submitted to the Consultant, shall be the property of the City upon full payment of all ver 4‐13‐18
monies due and owing to the Consultant in accordance with the terms of this Agreement. The Consultant may retain reproducible copies of drawings and copies of other documents. In the event of the termination of this Contract, for any reason whatever, Consultant shall promptly turn over all information, writing and documents to City without exception or reservation for their intended use only. Consultant is not responsible for any use of the documents for anything other than their original intended use.
20. TERMINATION:
A. If the Consultant fails to provide in any manner the services required under this Contract or otherwise fails to comply with the terms of this Contract or violates any ordinance, regulation or other law which applies to its performance herein, the City may terminate this Contract by giving five (5) calendar days written notice to the party involved.
B. The Consultant shall be excused for failure to perform services herein if such services are prevented by acts of God, strikes, labor disputes or other forces over which the Consultant has no control.
C. Either party hereto may terminate this Contract for any reason by giving thirty (30) calendar days written notice to the other parties. Notice of Termination shall be by written notice to the other parties and be sent by registered mail.
D. In the event of termination not the fault of the Consultant, the Consultant shall be paid for services performed to the date of termination in accordance with the terms of this Contract.
21. RELATIONSHIP BETWEEN THE PARTIES: It is expressly understood that in the performances of the services herein, the Consultant, and the agents and employees thereof, shall act in an independent capacity and as an independent Consultant and not as officers, employees or agents of the City.
22. AMENDMENT: This Contract may be amended or modified only by written agreement of all parties.
23. ASSIGNMENT OF PERSONNEL: The Consultant shall not substitute any personnel for those specifically named in Exhibit "B" unless personnel with substantially equal or better qualifications and experience are provided, acceptable to City, as evidenced in writing.
24. JURISDICTION AND VENUE: This Contract shall be construed in accordance with the laws of the State of California and the parties hereto agree that venue shall be in Nevada County, California.
25. INDEMNIFICATION:
(a Indemnification for Professional Liability. Where the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or sub-consultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. (b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant. ver 4‐13‐18
The provisions of this section do not apply to claims occurring as a result of City’s sole or active negligence.
The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
26. COMPLIANCE WITH APPLICABLE LAWS: The Consultant shall comply with any and all federal, state and local Laws affecting the services covered by this Contract.
27. NOTICES: Notices shall be given to City at the following location:
City of Nevada City
Attention: Bryan McAlister, City Engineer
317 Broad Street
Nevada City,CA 95959
Notices shall be given to Consultant at the following address:
__________________________________
__________________________________
__________________________________
__________________________________
28. STANDARD OF PRACTICE: The Consultant warrants that Consultant has the degree of learning and skill ordinarily possessed by reputable professionals practicing in similar localities in the same profession and under similar circumstances. Consultant's duty is to exercise such care skill and diligence as professionals engaged in the same profession ordinarily exercise under like circumstances.
29. FINANCIAL DISCLOSURE STATEMENTS: If the scope of work of this contract is of such a nature, Consultant will follow the form and requirements of Government Code Sections 87100, et seq. in filing its financial disclosure statement.
30. COST DISCLOSURE: In accordance with Government Code Section 7550, Consultant agrees to state in a separate section of its filed report the dollar amount of this contract and any related contracts and subcontracts relating to the preparation of the report resulting from this contract.
31. FEDERAL AND STATE CONTRACT REQUIREMENTS FOR CONSULTANT AGREEMENT: Attached hereto and made a part of this agreement (for Scope of Services involving State or Federal funding).
IN WITNESS WHEREOF, the parties hereunto have executed this Contract on the date first above written APPROVED BY:
CITY OF NEVADA CITY:
_____________________________
City Manager
______________________
Deputy City Clerk
CONSULTANT
(Signature)
(Printed Name and Title)
(Federal Tax I.D. #)
Attachments:
1. Exhibit A Scope of Services
2. Exhibit B Listing of any subconsultants or subcontractors
3. Exhibit C Scope of Services
ver 4‐13‐18
Exhibit A
CONSULTANTS
SCOPE OF SERVICES
ver 4‐13‐18
Exhibit B
LISTING OF ANY SUBCONSULTANTS OR SUBCONTRACTORS
__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________
ver 4‐13‐18
Exhibit C
COST PROPOSAL
Note: Hourly Rates shall include all cost components including materials, delivery, labor cost, fringe benefit rates, indirect costs (overhead and general/administrative) fee/profit, subcontractor and subconsultant costs.
Proposal shall include estimated hours and costs itemized by items of work for each type of service to be provided with a total for each item.
Invoice shall actual hours and costs itemized with by items of work performed with a total for each item.
Do not include mark-ups, contingencies or optional services or tasks.
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: September 28, 2022 Agenda Item No. 10
Subject: Consideration of the First Amendment to
Employment Agreement for City Manager Between the City of Nevada City and Sean Grayson.
From: Dean Pucci, City Attorney
Date: September 20, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Approve the first amendment to the Employment Agreement with the City Manager.
ISSUE STATEMENT AND DISCUSSION:
On January 26, 2022, the City Council approved the employment agreement with City Manager Sean Grayson. The prior Interim City Manager, Joan Phillipe, negotiated certain terms and conditions for City Manager Sean Grayson’s employment. Grayson recently requested the City amend his employment contract to update two provisions in accordance with those negotiations. Specifically, Grayson requested the City update his employment contract regarding two provisions in line with the Management and Supervisory Group Memorandum of Understanding (“MOU”): 1) salary adjustment, and 2) education incentive to be effective July 1, 2022.
i. Salary Adjustment
City Manager Grayson’s employment contract Section 3(C)(3) states that Grayson’s annual salary will be adjusted by the same cost-of-living adjustments on the same percentage and at the same time as may be adjusted for employees in the City’s Management and Supervisory MOU. Article 2 of the MOU provides for a 6% salary increase effective July 2022. Thus, it is recommended the City should approve this contract update to provide for a 6% salary increase for City Manager Grayson. ii. Educational Incentive Pay
Article 21 of the MOU provides for a 7.5% educational incentive pay for employees who possess a master’s degree, which Grayson does possess. While the educational incentive pay was not part of the original employment negotiations City Manager Grayson requests the City amend his employment contract to provide this benefit as it now is provided to other city employees. It is requested the Council consider approval of this contract update to provide City Manager Grayson the educational incentive pay under the same terms as the salary increase.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The increased costs from both the salary adjustment and the educational pay are budgeted for in the fiscal year 2022/23 annual budget in the City Manager department level budget.
ENVIRONMENTAL CONSIDERATIONS:
None
ATTACHMENTS:
First Amendment to City Manager Employment Agreement
City Manager Contract Dated January 27, 2022
CITY OF NEVADA CITY
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
FOR CITY MANAGER
Effective July 1, 2022, the Employment Agreement (“Agreement”) between the City of Nevada City (“City”), a general law city, and Sean Grayson (“Grayson”), an individual, is retroactively amended as follows:
3. Compensation.
City agrees to compensate Grayson for services rendered a base salary of $164,300, payable bimonthly. Grayson’s compensation shall be reviewed annually in connection with the annual review or at other times as may be determined by City Council.
4. Other Benefits.
I. Education Incentive. Grayson shall receive 7.5% above his base pay as an educational incentive pay based on his possession of a Master’s Degree from an accredited university as provided to all Management and Supervisory employees per the applicable MOU.
IN WITNESS WHEREOF, the City has caused this Agreement to be signed and executed on its behalf by the Mayor, and Grayson has signed and executed this Agreement, on the day and year written below.
EMPLOYEE
DATED: September ____, 2022 ______________________________ Sean Grayson, City Manager
CITY OF NEVADA CITY
DATED: September ___, 2022 ______________________________ Doug Fleming, Mayor
APPROVED AS TO FORM:
__________________________________
Dean J. Pucci, City Attorney
ATTEST:
___________________________________
Gabrielle Christakes, Deputy City Clerk
From: Alan Barlow
To: Public Comment
Subject: Item 1, Strategic Plan, Public Comment - Sept 21, 2022 Date: Monday, September 19, 2022 7:42:57 AM
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Alan Barlow
546 Main Street, Nevada City
Item 1, Strategic Plan, Public Comment - Sept 21, 2022 Meeting Dear City Council Members
Please bear with me as I lay down some credibility for the essence of the intended message.
Since I was quite young I have not understood the world with its built-in separation, competition, nationalism, and exploitation, and with a strong focus on economic consumption.
At a young age I sensed that this is wrong and not sustainable.
That said I still played the game as I call it, and did what I was “supposed” to do, until about 20 years ago.
Prior to living in Nevada City I spent a life-changing eight years living at 6500 feet elevation in the rural eastern Sierra near Bishop, California.
I was reminded each day that I could continue to look at the world as something to fear, conquer and exploit, or I could choose to view it as a place to live in with love, care, harmony and humility. It began to remind me of who I really am, re-awaken my spirit, and awaken a seeking for a higher truth and meaning.
Three years into mountain living my wife died unexpectedly of complications from undiagnosed leukemia. I remained in the high Sierra for another five years, uncovering still more truth and meaning. I was shifting back from being practical, monetary, conventional, and calculating, to that of being compassionate, caring, and loving. I yearned to live in a community that was alive with those latter qualities. It is what brought me to Nevada City.
I sense people on a whole intuitively know with all of the unrest and discontent in the world that humanity’s current story isn’t working anymore. Along with that, unless you believe that infinite growth is possible on a finite planet, then at some point the current economic system has to go through a collapse.
Should the national or world economic model unravel, have you given any thought as to what will replace it? I sense that our salvation will not be in national or state government, but that it will be and already is in each one of us. As we let go of hope for a normal that will never return, and grieve for what we thought was important, I feel that most of us will eventually look for and discover higher truth and meaning in our own lives. We will also discover that the real power resides in each one of us, not in our so-called leaders to whom we have squandered that power. “Our greatest fear is not that we are inadequate. Our deepest fear is that we are powerful beyond measure.” Marianne Williamson.
Money and the economy as we know it won’t be working anymore. They will be replaced by something we probably cannot yet see, but it will be something of the untapped creativity of the newly-freed hearts and minds of individuals in our community. Locally we are blessed with ample water, food from nearby farms, excess unused shelter, and hopefully energy independence.
In a deep crises I sense that we the people will naturally come together in community and loving purpose, fulfilling a sense of belonging deep in our hearts that has been missing in our culture for a long time.
Frankly, I believe that dynamic change will come from nowhere else but agile small communities like ours. “Never doubt that a small group of thoughtful, committed, citizens can change the world. Indeed, it is the only thing that ever has.” Margaret Mead. Why not start with ours?
As remote and as woo woo as you think what I painted above may be, if any of this resonated deep inside of you, please keep this in mind as you craft the strategic plan for Nevada City. Perhaps ask yourselves how the City could be prepared, and how it could become the resource to bring us all back together again when we need it most.
Thank you for your indulgence, and thank you all for your dedicated hard work.
From: Luap Renrac
To: [email protected]
Cc: Doug Fleming; Public Comment
Subject: Nevada City/Ghost town
Date: Tuesday, September 20, 2022 7:35:48 AM
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As I walk through what was a vibrant downtown there are four people other than myself.
Gary with the ankle monitor on conversing with a dying alcoholic, an actress who rolls in her own urine to smell as bad as possible because tourists pay her well to be tbat way and a drunk sleeping in front of the locked bathrooms.
Todays Nevada City on a Tuesday morning.
Thank you,
Pastor Paul Carner
Nevada City Ca.
209-619-8587
P. S.
Ankle monitor boy follows women into the bars. I know a few.
From: Pauli Halstead
To: Public Comment
Subject: Public Comment for Wednesday, Sept. 28th.
Date: Sunday, September 25, 2022 4:38:33 AM
Attachments: Public Comment, Sept. 28, 2022.doc
NC Public Records Request 7-11-22.pdf
Records Request.pdf
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Please include my public comment and supporting documents in the agenda packet for the city council meeting on September 28th in the following order. 1). The Public Comment
2). Public Records Request, July 11th
3). Public Records Request, August 23rd
Thank you,
Pauli
--
Pauline Halstead
423 South Pine St.
Nevada City, Ca 95959
home: 530-265-6704
1 Public Comment, September 28th
There still seems to be some confusion regarding Public Records Requests and the city's obligation to fulfill those requests.
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.
Keith Collins, of Jones & Mayer, authorized the release of the e-mails, which included Daniel Ketchum’s letter to Sean Grayson, Dean Pucci and Amy Wolfson, and also the email exchanges between Dean Pucci and the Deputy Attorney General, Matthew Struhar on August 3rd and 8th.
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 am still not understanding why the August 23rd records request is significantly different than the July 11th public records request, that it should be denied in its totality, other than the fact that the Jones & Mayer attorneys are now uncomfortable with what they might reveal.
Furthermore, after examining the August billing records for Jones & Mayer, it was shocking to see that they charged $699.50 for reviewing invoices and documents prior to release under PRA: re HCD memo and AG correspondence.
I can tell you that there was nothing significantly different in my August 23rd PRA that was not authorized for disclosure in my July 11th PRA.
I find it shocking that the City and Jones & Mayer attorneys are still refusing to fulfill a simple public records request and justifying it by quoting Government Codes. And, not only that, they are charging almost $700 to do research to deny the request. I think it’s time that the city council reviewed the billing practices of our law firm each month. 2 The City has a lack of clarity in responding to a public records requests which needs to be corrected. 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.
As the city is now working on the Strategic Plan, I would like to see a written protocol for responding to a public records request and for the City to designate a person who is trained to do it correctly, not the law firm.
In order to maintain public trust, the city council is ultimately responsible to see that records requests are answered according to the laws and guidelines in the Public Records Act. Perhaps the City Council should be the entity that gives the final authorization for release of e-mails and documents. At the very least, they should be given the records request when submitted so they are aware of it.
One way or another, a person submitting a public records request must be treated with fairness and respect, and not dismissed out of hand. 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.
I am re-submitting my August 23rd Public Records request and would like the denial to be written for each item as to the reasons for the denial, and also identifying the person (s) responsible for the denial. I would like the city council to review the e-mails themselves to see if there is anything in them that should not be known by the public.
Pauli Halstead
423 South Pine St.
Nevada City
From: Barbara Larsen
To: Public Comment
Subject: Fw: In favor Measure W
Date: Wednesday, September 28, 2022 10:11:11 AM
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From: "Barbara Larsen" <[email protected]>
To: [email protected]
Sent: 9/28/2022 10:07:00 AM
Subject: In favor Measure W
Dear Honorable City Council Members:
We have lived in Nevada County for 45 years. In the late 70s we were live-in caregivers for Savory Ford. Savory was born in Nevada City (West Broad St.) in 1892. Her mother was born in Nevada City as well, and her father, Tom, was district attorney. Savory taught 4th grade at the NC Elementary School for forty years. She was our docent regarding the history of Nevada County; and her home represented the architectural design that we so identify with as true Nevada City.
Let's keep the integrity of our precious historical district. Let's acknowledge the shoulders we are standing on whose history we honor. Let's have the courage to say this is sacred ground and support Measure W.
Thank you,
Barbara and Bill Larsen
From: nevada city residents
To: steering committee
Subject: Yes on W response to Nevada City report on W
Date: Wednesday, September 28, 2022 11:23:21 AM
Attachments: Measure W Letter to Council 092822.pdf
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Please see attached.
September 27, 2022
Attn. Nevada City Council
317 Broad Street
Nevada City, CA 95959
Re. Measure W
Nevada City
Thank you for the opportunity to comment on the City’s report on Measure W.
We are pleased to see that the report agrees with our interpretation of a number of issues that our opposition has muddied. Most importantly, the report notes and we quote: “the current process for the erection or exterior alteration of any building or structures, and for the removal, demolition, or razing of structures in the HND, would not change. These activities would continue to require discretionary architectural review in conformance with Chapter 15.12 for pre-WWII buildings. Similarly, accessory dwelling units and junior accessory dwelling units would continue to be exempt from architectural review…” (Goldfarb Lipman report, page 6, para 4)
Bullet 1
The report also notes that the HND is consistent with the General Plan. The report notes the emphasis of the Plan on historic preservation as a “primary” community goal and that the "Single Family Residential" classification is intended in part for "Historic or other sensitive single family neighborhoods inappropriate for increased densities." The report notes additional general plan goals calling for maintaining the dominance of the city’s nineteenth-century historical period and allowing new development that is complementary to its context. (Goldfarb Lipman report, page 8, para 1)
City Council
September 27, 2022
Page Two
Bullets 2 and 3
We agree with the report’s conclusion that the Initiative is consistent with the General Plan, including the Housing Element. The minor difference of opinion on the Housing Element wording that the attorney claims on page 8 para 5 of the Goldfarb report is just that, a minor difference of opinion.
In response to the report’s discussion of whether or not architectural review is discretionary for residential projects we would like to point out the following: Discretionary design review has been eliminated for SB 9 projects in the HND unless W is adopted. Discretionary and ministerial design review are currently allowed on various portions of all other proposed residential projects, for instance paint color goes to the City Planner for ministerial review. However, the bulk of design review is done by the Planning Commission via discretionary review per 17.88.040 and 15.12. We all know this. The Planning Commission does not just “check” for Mother Lode architecture in its review. They use the guidelines and the ordinances to review most elements of the project. And because it is before the Planning Commission, the review is discretionary in nature and its decision can be appealed to the City Council. However, the report did finally conclude that the Housing Element overall supports the existing architectural review process and so the initiative wording on this issue does not create an inconsistency with the Housing Element. We agree. Thank you.
Bullet 4
We agree that the Legislature provided broad authority to local jurisdictions to adopt historic districts. To the extent that the Attorney General has proposed more specific guidance, the proposed HND would also meet the Attorney General’s standards for historic districts exempt from SB 9. Earlier this year, the Attorney General applauded the City of Pasadena’s SB 9 ordinance,1 which exempts historic districts that meet local historic, local landmark, state, or national historic designation.2 Similar to Pasadena’s ordinance approved by the Attorney General, Measure W would meet the Attorney General’s standards for SB 9 exemption, because it establishes pursuant to a city ordinance a local historic district of neighborhoods that are mostly composed of properties at least 50 years old, most constructed before the start of World War II (WWII) in 1942 and many built in the Mother Lode style of the 1800s.
1 State of California Department of Justice, Office of the Attorney General, “Attorney General Bonta Applauds Move by Pasadena City Council to Come Into Compliance with SB 9,” (May 10, 2022), https://oag.ca.gov/news/press‐releases/attorney‐general‐bonta‐ applauds‐move‐pasadena‐city‐council‐come‐compliance‐sb‐9. 2 City of Pasadena, 17.22.050(G) ‐ Two‐Unit Developments in Single‐Family Residential Zones, https://library.municode.com/ca/pasadena/codes/code_of_ordinances?nodeId=TIT17ZOCO_ART2ZODIALLAUSZOECST_CH17.22REZO DI_17.22.050RSRMDIADDEST (emphasis added).
City Council
September 27, 2022
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Unlike non-historic properties that the Attorney General was concerned could receive landmark designation in Pasadena, HND properties are empirically historic and align with National Register of Historic Places (NRHP) designation requirements. To be listed in the NRHP, historic properties must have a “quality of significance in American history, architecture, archeology, engineering, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association,” and meet one of four NRHP criteria for designation.3 Properties are generally not eligible if they have achieved significance within the past 50 years.4 According to an architectural historian and historic researcher, HND properties are eligible for NRHP listing because most are at least 50 years old, retain integrity, and meet NRHP Criterion A: “are associated with events that have made a significant contribution to the broad patterns of history.”5 In an architectural survey of 804 properties within the HND, 89 percent of the properties (716 homes) were observed to be 50 years or older.6 About 36 percent (295 homes) were built before 1906, 35 percent (288 homes) were built before WWII, 16.5 percent (133 homes) built after WWII that were 50 years or older, and only 11 percent (88 homes) were less than 50 years old.7 These properties “reflect the importance of mining to the economy in Nevada City’s earlier history; most Nevada City mining activity ceased at the close of World War II due to increased technology and labor costs, and the relatively low fixed price of gold.”8 The
historical assessment further recommends that the properties be designated as a historic neighborhood, rather than individual historic homes, because they were laid out alongside roads that existed in the original Townsite, mostly between 1850 and 1972.9
Bullet 5
We agree with the report’s summary of potential units which were worded as to number of units reduced by W since SB 9’s density increases are now in effect. Said another way, with a lot split, SB 9 allows a total of 4 primary units where there was one and additionally up to 4 accessory units where 2 were originally allowed.
3 U.S. Dept. of the Interior, National Park Service Cultural Resources, National Register of Historic Places, National Register Bulletin #15: How to Apply the National Register Criteria for Evaluation (1997), p. 2, https://www.nps.gov/subjects/nationalregister/upload/NRB‐15_web508.pdf. 4 Id.
5 NC Historic Neighborhoods, Memorandum in Support of Proposed Nevada City Historic Neighborhoods District Initiative, (June 21, 2022), p. 3, https://nchistoricneighborhood.com/historic‐arhcitect‐report. 6 Id. at 2, 4.
7 Id. at 3.
8 Id. at 3.
9 Id. at 2.
City Council
September 27, 2022
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Bullet 6 – the issue of fair housing
Measure W aims to preserve the historic character of a portion of Nevada City’s single family homes and does not limit the city’s duty to affirmatively further fair housing. HND property owners will remain eligible to build up to two accessory dwelling units on each lot. Measure W is limited to the properties within the HND and does not affect other areas of the city. Nor does Measure W affect current zoning or Nevada City’s ability to change the zoning designation of single-family zoned areas to multifamily zoning.
SB 9 unit expectation analysis
The staff analysis of potential SB 9 units is at best, theoretical. The first conclusion of 113 potential new SB 9 units in the HND is low. It will be much more when you include the entire city and future growth. However, the final conclusion - 31 SB 9 units, is extremely low given market forces in this highly desirable town, and the experience in other cities over time.
The bottom line is do you want an SB 9 project to fill up the back yard next-door, with a driveway running down the length of your property to access it, plus possible additional units in the side yard? Then there is the ever-present problem of folks with multiple cars parking on the street, rather than on site. The long-term effects of SB 9 are much better suited to big city neighborhoods than a small town’s neighborhoods, such as we enjoy here.
The City of Grass Valley already has a historic district that exempts its neighborhoods from SB 9.
It is larger than our proposed HND and has more buildings, because it is a larger city. But it essentially has the same effect as Measure W. Let’s follow Grass Valley’s lead and do our part in continuing to build on the hard work and success of those who came before us in protecting these special places.
In conclusion, the HND only exempts the older, surveyed neighborhoods from SB 9. SB 9 will still be in effect in the rest of the City. Measure W has no new design rules within or outside of the HND. The Downtown Historic District rules do not apply in the HND. The City report agrees with each of these statements.
Sincerely,
_____________________________________
Daniel R. Ketcham
President Board of Directors
(530) 477-8056
[email protected]