Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY October 26, 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: Military Appreciation Week November 5-13, 2022 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 October 12, 2022 Regular Meeting
Recommended Action: Review and approve the minutes
2. Fire Activity Report September 2022
Recommended Action: Receive and file the report
3. Consideration of Adoption of Resolution No. 2022-63: A Resolution of the City Council of the City of Nevada City Repealing and Replacing Resolution No. 2022-56 and Approving the Appointment of City Council Members to Internal and External Committees and Regional Bodies Through June 30, 2023 Recommended Action: Adopt the resolution
4. Consideration of the Cancellation of the Regular City Council Meeting Dates of November 23, 2022, and December 28, 2022 and the Rescheduling of the December 14, 2022 Regular City Council Meeting to December 15, 2022 Recommended Action: Cancel the listed meetings
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 the resolution
6. Consideration of Adoption of Resolution No. 2022-66: A Resolution of the City Council of the City of Nevada City Approving the Application for Grant Funds for the 2022 Wildfire Recovery & Forest Resilience Directed Grant Program of the Sierra Nevada Conservancy
Recommended Action: Adopt the resolution
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.
7. Receive a Presentation on the Results of the Impact Assessment Study on Nevada City Joining the Pioneer Energy JPA for Community Choice Aggregation; Consideration of Ordinance 2022-12: An Ordinance of the City Council of the City of Nevada City Authorizing the Implementation of a Community Choice Aggregation Program in the City of Nevada City; and Consideration of Resolution 2022-64: A Resolution of the City of Nevada City Requesting Membership in Pioneer Community Energy and Approving the Amended and Restated Joint Exercise of Powers Agreement and Amendment No. 2 Thereto
Recommended Action: Receive the presentation, hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for November 9, 2022; adopt the resolution
BUSINESS
8. Consideration of a Short-Term Business Development and Sustainability Fee Waiver Program in an Amount Not-To-Exceed $40,000
Recommended Action: Approve the fee waiver and authorize the City Manager to implement the program
9. Consideration of Resolution 2022-65: A Resolution of the City of Nevada City Approving a Memorandum of Understanding Between the County of Nevada and the City of Nevada City for Wildfire Prevention, Emergency Services, and Disaster Readiness Programs and Projects
Recommended Action: Adopt the resolution
10. Consideration of Award of Contract with Hansen Bros. Enterprises in an Amount Not-To-Exceed $151,477 for Concrete Walk Gutter and Stairs at Various Locations; Authorize a Project Contingency of 10%, Not-To-Exceed $15,147; and Authorize the City Manager to Execute any Contracts or Related Documents Recommended Action: Award the contract, authorize the contingency, and authorize the City Manager to execute related documents
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, Deputy City Clerk for the City of Nevada City, declare that the foregoing agenda for the October 26, 2022 Regular Meeting of the Nevada City City Council was posted October 21, 2022 at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed October 21, 2022 at Nevada City, California
____________________________________________________________ Gabrielle Christakes, 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 October 26, 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: Military Appreciation Week November 5-13, 2022 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 October 12, 2022 Regular Meeting
Recommended Action: Review and approve the minutes
2. Fire Activity Report September 2022
Recommended Action: Receive and file the report
3. Consideration of Adoption of Resolution No. 2022-63: A Resolution of the City Council of the City of Nevada City Repealing and Replacing Resolution No. 2022-56 and Approving the Appointment of City Council Members to Internal and External Committees and Regional Bodies Through June 30, 2023 Recommended Action: Adopt the resolution
4. Consideration of the Cancellation of the Regular City Council Meeting Dates of November 23, 2022, and December 28, 2022 and the Rescheduling of the December 14, 2022 Regular City Council Meeting to December 15, 2022 Recommended Action: Cancel the listed meetings
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 the resolution
6. Consideration of Adoption of Resolution No. 2022-66: A Resolution of the City Council of the City of Nevada City Approving the Application for Grant Funds for the 2022 Wildfire Recovery & Forest Resilience Directed Grant Program of the Sierra Nevada Conservancy
Recommended Action: Adopt the resolution
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.
7. Receive a Presentation on the Results of the Impact Assessment Study on Nevada City Joining the Pioneer Energy JPA for Community Choice Aggregation; Consideration of Ordinance 2022-12: An Ordinance of the City Council of the City of Nevada City Authorizing the Implementation of a Community Choice Aggregation Program in the City of Nevada City; and Consideration of Resolution 2022-64: A Resolution of the City of Nevada City Requesting Membership in Pioneer Community Energy and Approving the Amended and Restated Joint Exercise of Powers Agreement and Amendment No. 2 Thereto
Recommended Action: Receive the presentation, hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for November 9, 2022; adopt the resolution
BUSINESS
8. Consideration of a Short-Term Business Development and Sustainability Fee Waiver Program in an Amount Not-To-Exceed $40,000
Recommended Action: Approve the fee waiver and authorize the City Manager to implement the program
9. Consideration of Resolution 2022-65: A Resolution of the City of Nevada City Approving a Memorandum of Understanding Between the County of Nevada and the City of Nevada City for Wildfire Prevention, Emergency Services, and Disaster Readiness Programs and Projects
Recommended Action: Adopt the resolution
10. Consideration of Award of Contract with Hansen Bros. Enterprises in an Amount Not-To-Exceed $151,477 for Concrete Walk Gutter and Stairs at Various Locations; Authorize a Project Contingency of 10%, Not-To-Exceed $15,147; and Authorize the City Manager to Execute any Contracts or Related Documents Recommended Action: Award the contract, authorize the contingency, and authorize the City Manager to execute related documents
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, Deputy City Clerk for the City of Nevada City, declare that the foregoing agenda for the October 26, 2022 Regular Meeting of the Nevada City City Council was posted October 21, 2022 at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed October 21, 2022 at Nevada City, California
____________________________________________________________ Gabrielle Christakes, Deputy City Clerk
PROCLAMATION
Declaring November 5-13, 2022 as Military Appreciation Week in Nevada City WHEREAS, the contributions and sacrifices of the men and women who served in the Armed Forces have been vital in maintaining our freedoms and way of life; and WHEREAS, tens of millions of Americans have served in the Armed Forces of the United States during the past century; and
WHEREAS, November 11th was formally proclaimed as Veterans Day in 1954 through the signature of President Dwight Eisenhower and has remained the official observance date since 1978; and WHEREAS, Nevada City his home to more than 100 veterans their dependents and surviving spouses; and WHEREAS, Beale Air Force Base is located adjacent to Nevada County with 7,000 active duty military, civilian and contractor personnel with another 8,000 retirees and dependents for a total of 15,000 people; and
WHEREAS, our veterans and active duty military are brave and selfless individuals who, when duty calls, willingly put themselves in harm's way to defend the lives and liberty of others; and WHEREAS, Gold Star Families continue to provide sacrifice as they survive the loss of their loved ones who provided the ultimate sacrifice for our Country; and
WHEREAS, the City Council desires to support our veterans and promote its partnership with Beale Air Force Base where applicable for the mutual benefit of our veterans and their families, active duty military, and entire community throughout Nevada City and Nevada County; and WHEREAS, the Board of Supervisors of the County of Nevada adopted a resolution proclaiming November 5-13, 2022 as Military Appreciation Week in Nevada County on October 25, 2022; NOW, THEREFORE, be it resolved that the City Council of the City of Nevada City, California herby proclaims November 5-13, 2022 as Military Appreciation Week in Nevada City.
BE IT FURTHER RESOLVED, that the entire community is encouraged to show their support and appreciation to our veterans, gold star families, active duty military personnel, and families by participating in associated activities of Military Appreciation Week and throughout the year.
Dated this 26th day of October 2022
______________________________________
Doug Fleming
Mayor
1 CITY OF NEVADA CITY
ACTION MINUTES
REGULAR CITY COUNCIL MEETING OF OCTOBER 12, 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 – 6:30 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 Ceci, seconded by Petersen 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 September 14, 2022 Regular Meeting
Recommended Action: Review and approve
2. Action Minutes September 21, 2022 Special Meeting
Recommended Action: Review and approve
3. Action Minutes September 28, 2022 Regular Meeting
Recommended Action: Review and approve
4. Accounts Payable – September 2022
Recommended Action: Receive and file
5. Police Activity Report September 2022
Recommended Action: Receive and file
2 6. Building Activity Report September 2022
Recommended Action: Receive and file
7. 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
Action: Motion by Fernàndez seconded by Kline to approve Items 1-7.
Approved 5-0, - Roll call votes ayes; Fleming, Fernàndez, Petersen, Kline and Ceci
BUSINESS
8. Receive a Presentation on the Future of Policing in Nevada City and Provide Related Direction Recommended Action: Hear the presentation and provide direction.
9. Consideration of Resolution 2022-62 Making a Determination of Public Convenience and Necessity for an Approval of an Alcoholic Beverage License Application issuance for Haven Underground, 226 Broad Street, Nevada City, and Authorize the Police Chief to Complete, Authorize, and Submit all Related Documents Including License Conditions on Behalf of the City Recommended Action: Adopt the resolution
Action: Motion by Fernàndez seconded by Kline to approve an Alcoholic Beverage License Application issuance for Haven Underground, 226 Broad Street, Nevada City, and Authorize the Police Chief to Complete, Authorize, and Submit all Related Documents Including License Conditions on Behalf of the City
Approved 4-1, - Roll call votes ayes; Fleming, Fernàndez, Petersen and Kline noes; Ceci
10. Receive a Presentation on the Draft Strategic Plan and Provide Related Direction Recommended Action: Hear the presentation, discuss, and provide direction CITY MANAGER AND COUNCILMEMBER REPORTS: Verbal report provided ADJOURNMENT: 9:28 PM
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Doug Fleming, Mayor
ATTEST:
____________________________
Niel Locke, City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: October 26, 2022 Agenda Item No. 02
Subject: Fire Activity Report – September 2022
From: Sam Goodspeed, Division Chief
Date: October 19, 2022
Reviewed & Approved:
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
The attached Fire Activity Report reviews the monthly responses for Nevada City Fire Station 5.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Not applicable.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Outside Unit Responses to Nevada City
Station 5 Incident Type Summary Report
Station 5 Response by District
City of Nevada City Incident Type Report
Elite grsnev Outside Unit Responses to Nevada City
Total Responses Total Call Time in Minutes Average Time Spent on Call Apparatus Resource ID (FD18.1): B5111
1 42 42
Total: 1 Total: 42
Avg: 42.00
Apparatus Resource ID (FD18.1): B5112
2 46 23
Total: 2 Total: 46
Avg: 23.00
Apparatus Resource ID (FD18.1): Engine 526
1 22 22
Total: 1 Total: 22
Avg: 22.00
Apparatus Resource ID (FD18.1): Engine 84
7 261 37
Total: 7 Total: 261
Avg: 37.29
Apparatus Resource ID (FD18.1): Engine 86
2 57 29
Total: 2 Total: 57
Avg: 28.50
Apparatus Resource ID (FD18.1): Engine2362
2 43 22
Total: 2 Total: 43
Avg: 21.50
Apparatus Resource ID (FD18.1): Medic 1
8 183 23
Total: 8 Total: 183
Avg: 22.88
Apparatus Resource ID (FD18.1): Medic 2
15 522 35
Total: 15 Total: 522
Avg: 34.80
Apparatus Resource ID (FD18.1): Medic 3
1 19 19
Total: 1 Total: 19
Avg: 19.00
Apparatus Resource ID (FD18.1): Medic 4
1 17 17
Total: 1 Total: 17
Avg: 17.00
Apparatus Resource ID (FD18.1): Medic 5
2 105 53
Total: 2 Total: 105
Avg: 52.50
Apparatus Resource ID (FD18.1): Rescue 84
22 366 17
Total: 22 Total: 366
Avg: 16.64
Apparatus Resource ID (FD18.1): SNA 101
1 5 5
Total: 1 Total: 5
Avg: 5.00
Apparatus Resource ID (FD18.1): SNA 104
3 38 13
Total: 3 Total: 38
1 of 2 Printed On: 10/14/2022 08:15:50 AM
Total Responses Total Call Time in Minutes Average Time Spent on Call Basic Incident Date Time:
Basic Incident Zone/District Number (Fd1.32):
Apparatus Resource Id (Fd18.1):
Avg: 12.67
Total: 68 Total: 1,726
Avg: 25.34
Report Criteria
Is Equal To Last Month
Is In 5 - Nevada City Stn 5, 5 - Station 5 - City, Nevada City Stn 5 Is Not In Batt 1, Batt 2, Batt 3, Brush 5, CPT11, Chief 1, Engine 1, Engine 2, Engine 201, Engine 202, Engine 205, Engine 5, OESE4104, OESE4609, P 2, P 3, P1, Squad 2, Truck 2, Utility 1, Utility 2, Utility 5, Utility 54 2 of 2 Printed On: 10/14/2022 08:15:50 AM
Basic Incident Type (Fd1.21):
Apparatus Resource Id (Fd18.1):
Basic Incident Date - Derived (Fd1.3):
Elite grsnev Station 5 Incident Type Report (Summary)
Basic Incident Type Code And
Description (FD1.21)
Total
Incidents
Total Incidents Percent of
Incidents
Total Property
Loss
Total Content
Loss
Total Loss Total Loss Percent
of Total
Incident Type Category (FD1.21): 1 - Fire
111 - Building fire 1 1.28%
114 - Chimney or flue fire, confined to
chimney or flue
1 1.28%
131 - Passenger vehicle fire 2 2.56% 7,000.00 500.00 7,500.00 100.00% 132 - Road freight or transport vehicle
fire
1 1.28%
141 - Forest, woods or wildland fire 1 1.28%
Total: 6 Total: 7.69% Total:
7,000.00
Total: 500.00 Total:
7,500.00
Total: 100.00%
Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 321 - EMS call, excluding vehicle accident
with injury
27 34.62%
322 - Motor vehicle accident with injuries 6 7.69%
324 - Motor vehicle accident with no
injuries.
3 3.85%
Total: 36 Total: 46.15% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 411 - Gasoline or other flammable liquid
spill
1 1.28%
421 - Chemical hazard (no spill or leak) 1 1.28%
440 - Electrical wiring/equipment
problem, other
1 1.28%
Total: 3 Total: 3.85% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 5 - Service Call
531 - Smoke or odor removal 1 1.28%
553 - Public service 3 3.85%
554 - Assist invalid 3 3.85%
561 - Unauthorized burning 1 1.28%
Total: 8 Total: 10.26% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 6 - Good Intent Call
611 - Dispatched and cancelled en route 10 12.82%
6111 - Holding in Quarters 2 2.56%
622 - No incident found on arrival at
dispatch address
2 2.56%
651 - Smoke scare, odor of smoke 2 2.56%
Total: 16 Total: 20.51% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 7 - False Alarm & False Call 735 - Alarm system sounded due to
malfunction
2 2.56%
743 - Smoke detector activation, no fire -
unintentional
1 1.28%
745 - Alarm system activation, no fire -
unintentional
5 6.41%
746 - Carbon monoxide detector
activation, no CO
1 1.28%
Total: 9 Total: 11.54% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Total: 78 Total: 100.00% Total:
7,000.00
Total: 500.00 Total:
7,500.00
Total: 100.00%
Report Criteria
Is Not Blank
Is In Brush 5, Chief 5400, Engine 5, Utility 5
Is Equal To Last Month
1 of 1 Printed On: 10/14/2022 08:05:40 AM
Apparatus Resource Id (Fd18.1):
Basic Incident Date - Derived (Fd1.3):
Elite grsnev Station 5 Response by District
Basic Incident Zone/District Number (FD1.32) Number of Incidents 5 1 - Station 1 - City 7
2 - Station 2 - City 23
5 - Station 5 - City 34
NCC 54 2
NCC 84 8
NCC 86 1
NCC 87 2
Penn Valley 1
Report Criteria
Is In Brush 5, Chief 5400, Engine 5, Utility 5
Is Equal To Last Month
1 of 1 Printed On: 10/14/2022 08:05:45 AM
Basic Incident Zone/District Number (Fd1.32):
Basic Incident Postal Code (Fd1.19):
Basic Incident Date - Derived (Fd1.3):
Elite grsnev City of Nevada City Incident Type Report (Summary) Basic Incident Type Code And
Description (FD1.21)
Total
Incidents
Total Incidents Percent of
Incidents
Total Property
Loss
Total Content
Loss
Total Loss Total Loss Percent
of Total
Incident Type Category (FD1.21): 1 - Fire
131 - Passenger vehicle fire 1 1.96% 3,000.00 0.00 3,000.00 100.00% Total: 1 Total: 1.96% Total:
3,000.00
Total: 0.00 Total:
3,000.00
Total: 100.00%
Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 321 - EMS call, excluding vehicle accident
with injury
30 58.82%
322 - Motor vehicle accident with injuries 1 1.96%
324 - Motor vehicle accident with no
injuries.
1 1.96%
Total: 32 Total: 62.75% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 444 - Power line down 1 1.96%
Total: 1 Total: 1.96% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 5 - Service Call
553 - Public service 1 1.96%
554 - Assist invalid 2 3.92%
Total: 3 Total: 5.88% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 6 - Good Intent Call
611 - Dispatched and cancelled en route 7 13.73%
622 - No incident found on arrival at
dispatch address
1 1.96%
Total: 8 Total: 15.69% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 7 - False Alarm & False Call 735 - Alarm system sounded due to
malfunction
2 3.92%
743 - Smoke detector activation, no fire -
unintentional
1 1.96%
745 - Alarm system activation, no fire -
unintentional
2 3.92%
746 - Carbon monoxide detector
activation, no CO
1 1.96%
Total: 6 Total: 11.76% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Total: 51 Total: 100.00% Total:
3,000.00
Total: 0.00 Total:
3,000.00
Total: 100.00%
Report Criteria
Is In 5 - Station 5 - City, Nevada City Stn 5
Is Equal To 95959
Is Equal To Last Month
1 of 1 Printed On: 10/14/2022 08:05:37 AM
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: October 26, 2022 Agenda Item No. 03
Subject: Consideration of Adoption of Resolution No. 2022- 63: A Resolution of the City Council of the City of Nevada City Repealing and Replacing Resolution No. 2022-56 and Approving the Appointment of City Council Members to
Internal and External Committees and Regional Bodies
Through June 30, 2023
From: Sean Grayson, City Manager
Date: October 20, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Adopt the resolution.
ISSUE STATEMENT AND DISCUSSION:
At the July 13, 2022 the City Council adopted Resolution 2022-56 appointing City Council Members to various internal and external committees and regional bodies for fiscal year 2022/23, July 1, 2022 through June 30, 2023. As part of the City Strategic Planning process the City Council has provided direction to develop new internal committees.
Adopting Resolution 2022-63 will repeal Resolution 2022-56, reappoint the existing appointees to the previous committees, appoint the new internal committees, and add an external committee for clarification splitting the Transit Services Committee from the Nevada County Transportation Commission retaining the same appointed committee members. The City Council Member Internal and External Committee and Regional Body Appointments for July 1, 2022 – June 30, 2023 are as follows:
External Committees and Regional Bodies Primary 2nd Primary Alternate 2nd Alternate Local Agency Formation Committee (LAFCo) Petersen Ceci
Solid/Hazardous Waste Kline Ceci
Nevada County Transportation Commission (NCTC) Fernández Petersen Nevada County Connects Transit Services Committee Fernández Petersen Nevada County Economic Resource Council
(NCERC) Fleming Kline
Nevada City / Grass Valley Cultural District Fernández Kline League of California Cities (voting member) Fleming Fernández Petersen Regional Housing Fleming Fernández
Chamber of Commerce Ceci Kline
Social Justice & Racial Equity (County Jedi Group) Petersen Fleming Nevada City Rancheria Nisenan Tribal Liaison Fernández
Internal Committees Primary 2nd Primary
Fire Safety Advisory Ceci Kline
Policing Petersen Fernández
Housing Fleming Fernández
Water Petersen Ceci
Business and Industry Ceci Kline
Vibrancy Fernández Kline
Infrastructure Petersen Ceci
Parks and Recreation Fleming Petersen
FINANCIAL AND/OR POLICY IMPLICATIONS:
Not applicable
ENVIRONMENTAL CONSIDERATIONS:
Not applicable
ATTACHMENTS:
Resolution No. 2022-63
Resolution No. 2022-56
RESOLUTION NO. 2022-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY REPEALING AND REPLACING RESOLUTION NO. 2022-56 AND APPROVING THE
APPOINTMENT OF CITY COUNCIL MEMBERS TO INTERNAL AND EXTERNAL COMMITTEES AND REGIONAL BODIES THROUGH JUNE 30, 2023
WHEREAS, after each annual City Council reorganization and seating of a new Mayor and Vice Mayor, the newly seated Mayor reviews and makes certain appointments of Council Members to serve on various internal and external committees and regional bodies; and WHEREAS, on July 13, 2022, the City Council adopted Resolution 2022-56 confirming the Mayor’s appointments by resolution and rescinding all previous appointments; and WHEREAS, through the City’s strategic planning process the City Council has directed the appointment of additional internal committees to meet the needs of the community; and WHEREAS, the City Council desires to continue participate in both internal and external committees and regional bodies by assignment;
NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Nevada City hereby approves:
1. That City Council Members are appointed to the internal and external committees and regional bodies as listed in Exhibit A.
2. That all previous assignments to internal and external committees and regional bodies are rescinded.
3. That this resolution is effective immediately upon its enactment by the City Council.
4. That the City Manager and Deputy City Clerk are directed to transmit this resolution to all external committees and regional bodies.
PASSED AND ADOPTED at the regularly scheduled meeting of the Nevada City, City Council held on the 26th day of October, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____
Doug Fleming, Mayor
ATTEST:
Niel Locke, City Clerk
EXHIBIT A
City Council Member Internal and External Committee and Regional Body Appointments July 1, 2022 – June 30, 2023
External Committees and Regional Bodies Primary 2nd Primary Alternate 2nd Alternate Local Agency Formation Committee (LAFCo) Petersen Ceci
Solid/Hazardous Waste Kline Ceci
Nevada County Transportation Commission (NCTC) Fernández Petersen Nevada County Connects Transit Services Committee Fernández Petersen Nevada County Economic Resource Council
(NCERC) Fleming Kline
Nevada City / Grass Valley Cultural District Fernández Kline League of California Cities (voting member) Fleming Fernández Petersen Regional Housing Fleming Fernández
Chamber of Commerce Ceci Kline
Social Justice & Racial Equity (County Jedi Group) Petersen Fleming Nevada City Rancheria Nisenan Tribal Liaison Fernández
Internal Committees Primary 2nd Primary
Fire Safety Advisory Ceci Kline
Policing Petersen Fernández
Housing Fleming Fernández
Water Petersen Ceci
Business and Industry Ceci Kline
Vibrancy Fernández Kline
Infrastructure Petersen Ceci
Parks and Recreation Fleming Petersen
RESOLUTION NO. 2022-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY
APPROVING THE APPOINTMENT OF CITY COUNCIL MEMBERS TO INTERNAL AND EXTERNAL COMMITTEES AND REGIONAL BODIES FOR JULY 1, 2022 THROUGH JUNE 30, 2023
WHEREAS, after each annual City Council reorganization and seating of a new Mayor and Vice Mayor, the newly seated Mayor reviews and makes certain appointments of Council Members to serve on various internal and external committees and regional bodies; and WHEREAS, the City Council confirms the Mayor’s appointments by resolution and rescinds all previous appointments; and
WHEREAS, section 3.3 of the City Council Standards and Procedures of the City of Nevada City identifies the requirements of Council Members appointed to these committees and regional bodies; and
WHEREAS, the City Council desires to continue participate in both internal and external committees and regional bodies by assignment;
NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Nevada City hereby approves:
1. That City Council Members are appointed to the internal and external committees and regional bodies as listed in Exhibit A.
2. That all previous assignments to internal and external committees and regional bodies are rescinded.
3. That this resolution is effective immediately upon its enactment by the City Council.
4. That the City Manager and Deputy City Clerk are directed to transmit this resolution to all external committees and regional bodies.
PASSED AND ADOPTED at the regularly scheduled meeting of the Nevada City, City Council held on the 14th day of July, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____
Doug Fleming, Mayor
ATTEST:
Niel Locke, City Clerk
EXHIBIT A
City Council Member Internal and External Committee and Regional Body Appointments July 1, 2022 – June 30, 2023
External Committees and Regional Bodies Primary 2nd Primary Alternate 2nd Alternate Local Agency Formation Committee (LAFCo) Petersen Ceci
Solid/Hazardous Waste Kline Ceci
Nevada County Transportation Commission (NCTC) Fernández Petersen Nevada County Economic Resource Council
(NCERC) Fleming Kline
Nevada City / Grass Valley Cultural District Fernández Kline League of California Cities (voting member) Fleming Fernández Petersen Regional Housing Fleming Fernández
Chamber of Commerce Ceci Kline
Social Justice & Racial Equity (County Jedi Group) Petersen Fleming Nevada City Rancheria Nisenan Tribal Liaison Fernández
Internal Committees Primary 2nd Primary
Parking Petersen Ceci
Fire Safety Advisory Ceci Kline
Policing Petersen Fernández
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: October 26, 2022 Agenda Item No. 04
Subject: Consideration of the Cancellation of the Regular City Council Meeting Dates of November 23, 2022, and December 28, 2022 and the Rescheduling of the December 14, 2022
Regular City Council Meeting to December 15, 2022
From: Sean Grayson, City Manager
Date: October 20, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Cancel the listed meetings.
ISSUE STATEMENT AND DISCUSSION:
The City Council has historically cancelled its second regular meeting in November and December as they align with holiday weeks. Additionally, the regular City Council Meeting on December 14, 2022 occurs during the second Wednesday Victorian Christmas event and will be moved to the next day, Thursday, December 15, 2022. The Nevada City Council Standards and Procedures section 6.4 states that, “Any meeting of the City Council may be cancelled in advance by majority vote of the Council.” This action will cancel the Regular City Council Meeting Dates of November 23, 2022, and December 28, 2022 and reschedule the Regular City Council Meeting of December 14, 2022 to December 15, 2022. One Regular City Council meeting will occur in each month on November 9, 2022, and December 15, 2022 consistent with the Nevada City Council Standards and Procedures section 6.3 requirements.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Not applicable
ENVIRONMENTAL CONSIDERATIONS:
Not applicable
ATTACHMENTS:
City Council Standards and Procedures
CITY OF NEVADA CITY
CITY COUNCIL STANDARDS AND
PROCEDURES
Updated March 9, 2022
2 | P a g e
COUNCIL STANDARDS AND PROCEDURES
TABLE OF CONTENTS
SECTION 1: GENERAL
1.1 Purpose
1.2 Values
1.3 Overview of Council Responsibilities
1.4 Overview of City Manager Responsibilities
1.5 Review
1.6 Ralph M. Brown Act
SECTION 2: MAYOR AND VICE MAYOR SELECTION PROCESS
2.1 Reorganization
2.2 Appointment of Vacancy
SECTION 3: ADMINISTRATIVE MATTERS
3.1 Attendance
3.2 Regional Boards
3.3 Distribution of Information
3.4 Reimbursement
3.5 Ethics, Sexual Harassment and Anti-Bullying Training
3.6 City Mission and City Seal
3.7 Use of Social Media and Email
SECTION 4: COUNCIL RELATIONSHIP WITH STAFF
4.1 City Manager
4.2 Agenda Item Questions
4.3 Interaction of City Council with Staff
4.4 Individual Council Member’s Requests
SECTION 5: PROCEDURES FOR APPOINTMENTS TO BOARDS/COMMISSIONS/COMMITTEES
5.1 Definitions
5.2 Recruitment Process
5.3 Requirement for Appointment
5.4 Council Notification
5.5 Incumbents
5.6 Application
5.7 Appointment Procedure for Planning Commission Members
5.8 Appointment Procedure for Board and Committee Members Appointed by the Full Council
5.9 Attendance
5.10 Standards and Procedures and Conflicts of Interest
5.11 Conflicts with Federal, State or Local Law
3 | P a g e
SECTION 6: MEETINGS
6.1 Open to Public
6.2 Broadcasting of City Council Meetings
6.3 Regular Meetings
6.4 Cancelling Meetings
6.5 Special Meetings
6.6 Closed Sessions
6.7 Quorum
6.8 Minutes
6.9 Adjourned Meetings
SECTION 7: AGENDA CONTENTS
7.1 Mayor’s Responsibility
7.2 Description of Matters
7.3 Availability to the Public
7.4 Limitation to Act Only on Items on the Agenda
7.5 “Timing” of Agenda
7.6 Change in Order of Business
7.7 Agenda Request Policy
SECTION 8: PROCEDURES FOR THE CONDUCT OF PUBLIC MEETINGS
8.1 Role of Mayor
8.2 Rules of Order
8.3 Public Comment
8.4 Motions
8.5 Reconsideration
8.6 Discussion
8.7 Council Member Respect
8.8 Announcements.
SECTION 9: CLOSED SESSIONS
9.1 Purpose
9.2 Rule of Confidentiality
9.3 Breach of Rule of Confidentiality
9.4 Agenda
9.5 Permissible Topics
9.6 Rules of Decorum
9.7 Public Disclosure After Final Action
SECTION 10: DECORUM
10.1 Council Members
10.2 City Employees
10.3 Public
10.4 Noise in the Chambers
10.5 Removal
10.6 Dangerous Instruments
10.7 Prosecution
4 | P a g e
SECTION 11: ENFORCEMENT OF DECORUM
SECTION 12: VIOLATIONS OF PROCEDURES
APPENDIX A: ROSENBERG’S RULES OF ORDER (SIMPLE PARLIAMENTARY PROCEDURES FOR THE 21st CENTURY)
5 | P a g e
CITY OF NEVADA CITY
CITY COUNCIL STANDARDS AND PROCEDURES
SECTION 1. GENERAL
1.1 Purpose. The purpose of these Standards and Procedures is to promote communication, understanding, fairness, and trust among the members of the City Council and staff concerning their roles, responsibilities, and expectations for management of the business of the City of Nevada City.
1.2 Values. Respect for each Council Member’s interpersonal style will be a standard of operation. Courtesy and respect for individual points of view will be practiced at all times. All Council Members shall respect each other’s right to disagree. All Council Members shall practice a high degree of decorum and courtesy. When addressing the public in any way, all Council Members shall make certain their opinions are expressed solely as their own, and do not in any way necessarily reflect the opinions of any other Council Member or the City.
1.3 Overview of Council responsibilities. The City of Nevada City is a General Law city of the State of California operating under the Council/Manager form of government and the City Manager’s duties shall define how the City Council and City Manager interact and perform their respective duties and responsibilities. The City Council has the following duties and responsibilities:
(a) Appointment of the City Manager and City Attorney. The City Council shall appoint the City Manager and the City Attorney. There should be an annual review for the City Manager and the City Attorney.
(b) Establishment of boards and appointment of members. The Council may appoint establish Boards, Commissions, and Committees, and by majority vote make appointments of members of all Boards, Commissions, and Committees. (c) Legislative decisions. The Council is the legislative body; its members are the community’s decision makers. Power is centralized in the elected City Council collectively and not in individual members of the Council. The City Council approves the budget and determines the public services. It focuses on the community’s goals, major projects and such long term considerations as community growth, financing and strategic planning. The City Council hires a professional City Manager to carry out administrative responsibilities and supervises the City Manager’s performance.
1.4 Overview of City Manager responsibilities. The City Manager is hired to serve the City Council and the community and to bring the benefits of education, training and experience in administering the City’s projects, programs, and public services on behalf of the City Council. The City Manager has the following among his or her duties:
6 | P a g e
(a) Preparation of a Recommended Budget.
(b) Recruitment, Hiring, and Supervision of Personnel, Contractors, and Consultants. (c) Implementation of the Council’s policies and programs and public services in an effective and efficient manner, providing professional advice on policy matters, intergovernmental affairs, economic development and environmental issues.
The City Manager follows the direction of the entire City Council and not individual members of the Council or the public, and serves at the sole discretion of the Council. (See Nevada City Municipal Code Chapter 2.08.)
1.5 Review. The City Council shall conduct a review of this document biennially, or whenever a new Council Member has been seated or Council deems necessary, to assist Council Members in being more productive in management of the business of the City. A new Council will consider the document within three months of its first regular meeting.
1.6 Ralph M. Brown Act. All conduct of the City Council, Commissions, Committees and Subcommittees shall be in full compliance with the Ralph M. Brown Act.
SECTION 2. MAYOR AND VICE MAYOR SELECTION PROCESS
2.1 Reorganization. In July of each year, the office of the Mayor and Vice Mayor (also known as Mayor Pro Tem) shall rotate based on the policy set forth in Nevada City Resolution Nos. 2007- 34 and 2012-23, as follows:
(a) The Mayor shall be the senior member who has not previously served in that capacity and the term of office shall be one year, without succession, beginning at the first regularly scheduled City Council meeting each July or the first meeting following certification of a City Council election.
(b) The Mayor Pro Tem shall be the next senior member who has not previously served as Mayor and the term of office shall run concurrent with that of the Mayor as described above.
(c) When two or more members have equal seniority and have not yet served as Mayor or Mayor Pro Tem, the order of succession shall be determined by the number of votes each member received at the time of their election. (d) The Mayor Pro Tem shall automatically succeed the Mayor each year, excepting that the Mayor Pro Tem may decline such succession. If the Mayor Pro Tem declines the position of Mayor, such office shall be extended to the next senior member in order, or by majority vote of the Council if all other members have served at least on year as Mayor.
7 | P a g e
(e) Once all seated members have served as Mayor, succession shall be based on a majority vote of the Council, recognizing that the term of office for each position shall be one year.
Members of the City Council who first took their seats on the Council more than twenty-three (23) months prior to the meeting at which the Mayor is being selected are eligible for Mayorship.
2.2 Appointment of Vacancy. In the event of a vacancy on the City Council, the Council may fill the vacancy either by appointment or special election as set forth in Government Code section 36512.
SECTION 3. ADMINISTRATIVE MATTERS
3.1 Attendance. City Council Members acknowledge that attendance at lawful meetings of the City Council is part of their official duty. Council Members shall make a good faith effort to attend all such meetings unless unable. Council Members will notify the City Manager or the Deputy City Clerk, and, if possible, the Mayor as a courtesy, if they will be absent from a meeting.
Failure to attend regular City Council meetings for sixty (60) consecutive days from the last regular meeting can result in your seat becoming vacant and filled accordingly. (Gov’t Code § 36513.)
3.2 Regional Boards. The role of the Council on regional boards will vary depending on the nature of the appointment. Representing the interests of Nevada City is appropriate on some boards; this is generally the case when other local governments have their own representation.
The positions taken by the appointed representatives are to be in alignment with the positions that the Council has taken on issues that directly impact the City of Nevada City. If an issue should arise, that is specific to Nevada City and the Council has not taken a position, the issue should be discussed by the Council prior to taking a formal position at a regional board meeting, to assure that it is in alignment with a majority of the Council’s position.
Council representatives to such various boards shall keep the Council informed of ongoing business through brief oral or written reports to the Council during properly posted Council meetings.
Council Members shall make a good faith effort to attend all regional meetings that require a quorum of the appointed members to convene a meeting. Attendance should not be less than 75% of all scheduled meetings. If a Council Member is unable to attend, he/she should notify his/her alternate as far in advance of the meeting as possible so as to allow the alternate to attend.
3.3 Distribution of Information. It is essential that every member of the City Council have the same information from which to form decisions and actions. Any information distributed to one Council Member shall also be distributed to all Council Members.
3.4 Reimbursement. Every effort shall be made to limit the need to reimburse Council Members for expenses. City Council Members may be reimbursed for personal expenses for travel to and lodging at conferences or meetings related to their role as a Council Member in 8 | P a g e
accordance with the current Travel and Meeting Reimbursement Policy adopted by the City Council. Any request for reimbursement of expenses shall be accompanied by an expense form and receipts to document the expenditure. These documents are public records subject to disclosure under the California Public Records Act. (See Nevada City Resolution 2014-12 and attached Travel and Meeting Reimbursement Policy.)
Brief reports must be given on any outside meeting attended at the expense of the City at the next regular Council meeting. Reimbursement is conditioned on the submission of this report to the legislative body.
3.5 Ethics, Sexual Harassment and Anti-Bullying Training. Any member of the City Council and commissions, or advisory committees formed by the City Council, shall receive at least two hours of ethics training in general ethics principles and ethics laws (as mandated by AB 1234), two hours of sexual harassment prevention training (as mandated by AB 1825) and two hours of abusive conduct prevention training (as mandated by AB 2053) all relevant to his/her public service every two years. New members must receive this training within their first year of service and file a certificate of completion with the Deputy City Clerk. Members shall attend training sessions that are offered locally in the immediate vicinity of Nevada County or by completing online a state-approved public service ethics education program.
An individual who serves on multiple legislative bodies need only receive two hours of each of these trainings every two years to satisfy this requirement for all applicable public service positions. The City will use and recognize training coursesthat have been reviewed and approved by the Fair Political Practices Commission and the California Secretary of State.
The Deputy City Clerk is required to keep ethics training records for five years to document and prove that these continuing education requirements have been satisfied. These documents are public records subject to disclosure under the California Public Records Act.
3.6 City Mission and City Seal. The Mission of the City of Nevada City is a strategic document that reflects the values of our residents. The City Seal is an important symbol of the City of Nevada City. No change to the City Mission and/or City Seal shall be made without Council approval.
Pursuant to Government Code 40811, the City Clerk is the custodian of the City Seal. Individual councilmembers should not issue correspondence on City Letterhead or use the City Seal without authorization from the City Council or City Manager.
3.7 Use of Social Media and Email. See City of Nevada City’s general social media and email policies.
SECTION 4. COUNCIL RELATIONSHIP WITH STAFF
4.1 City Manager. City Council Members are always free to go to the City Manager to discuss City business. Issues concerning the performance of a Department or any employee must be directed to the City Manager. Direction to City employees, other than the City Manager or City Attorney, is the prerogative of the City Manager. In passing along critical information, the City Manager will be responsible for contacting all Council Members. The City Manager may delegate this responsibility to Department Heads. (See Nevada City Municipal Code Chapter 2.08.030.) 9 | P a g e
4.2 Agenda Item Questions. If a Council Member has a question on a subject, the Council Member is encouraged to contact the City Manager prior to any meeting at which the subject may be discussed. This does not restrict Council Members from asking questions during a Council meeting.
4.3 Interaction of City Council with Staff. The Council shall treat staff with respect and shall not abuse staff, nor embarrass staff in public. The City Council Members are to work through the City Manager on all issues, concerns and questions. This is to allow the senior professional staff, with the proper education, training, experience and knowledge of issues, laws and City Council’s policies to coordinate a full and complete response and reduce error or misunderstanding by staff members not necessarily knowledgeable on all issues. This can provide a better overall response, allow any new issues to properly be considered and avoid unintended redirection of staff efforts. Council Members may ask Department Heads for information. This informal system of direct communication is not to be abused. City Council Members shall not meet with groups of management employees for the purpose of discussing terms of employment or establishing employee policy.
4.4 Individual Council Member’s Requests. Council Members shall make their reasonable requests for information to the City Manager. The amount of total staff time to be allotted to any reasonable request shall be determined by the City Manager at his/her discretion.
SECTION 5. PROCEDURES FOR APPOINTMENTS TO BOARDS/COMMISSIONS/COMMITTEES
5.1 Definitions.
(a) Task Force: A temporary grouping of individuals and resources for the accomplishment of a specific objective.
(b) Committee: A group of people officially delegated to perform a function, such as investigating, considering reporting, or acting on a matter. (c) Ad Hoc: Committees established for a specific purpose. Formed for or concerned with one specific purpose (e.g. ad hoc parking committee); for the particular end or case at hand without consideration of wider application; formed or used for specific or immediate problems or needs; often improvised or impromptu; contrived purely for the purpose in hand rather than carefully planned in advance. (d) Commission: A group of people officially authorized to perform certain duties or functions with certain powers or authority granted; the act of granting certain powers or the authority to carry out a particular task or duty; the rank and powers so conferred.
5.2 Recruitment Process.
(a) On or before December 31st of each year, the Deputy City Clerk shall prepare and post a list of all Council-appointed board, commission and committee terms that expire during the next calendar year in compliance with the state law (Government Code Sections 54970 et. seq.).
10 | P a g e
(b) The Deputy City Clerk shall annually advertise on the City’s website for applicants wishing to be considered for appointment to boards, commissions and committees. (c) All persons seeking appointment to a City board, commission or committee shall complete and submit an application form to the Deputy City Clerk as set forth in Section
5.6. Applications shall be kept on file for two years in the Deputy City Clerk’s office and vacancies may be considered from applications on file, as well as new applications. (d) Appointments made by the Council, except to the planning commission (see 5.7), are official only after the Council has submitted a completed application and appointment form to the Deputy City Clerk, the Deputy City Clerk has determined that the individual is eligible to serve and the Deputy City Clerk has provided proper notification to the appointed board, commission or committee member, and chair of the board, commission or committee. The Council may announce an appointment at a City Council meeting; however, such an announcement is not required for the appointment to become effective.
(e) If an unscheduled board or commission vacancy occurs during the term of the appointing Council Member and the Council Member so requests, the following steps should be taken to publicize vacancies on boards, commissions and committees:
1. Public announcement of the vacancy at a Council meeting.
2. A recruitment period of at least ten (10) days.
3. A vacancy notice posted at City Hall, Redbud Library, and on the City’s website for at least 20 days.
4. Announcements in the local media, such as press releases, online news outlets and free weekly sales papers.
5. Distribution to appropriate professional and community organizations and all groups that have requested notification.
5.3 Requirement for Appointment.
(a) All persons appointed to City boards, commissions and committees shall be residents of the City of Nevada City at the time of their appointment and shall remain so throughout their term of appointment. Should any person so appointed move from the City during their term of office, such office shall be forfeited. The Council shall, upon forfeiture, make a new appointment to fill the unexpired term.
(b) All persons appointed to City boards, commissions and committees should complete and submit an application form to the Deputy City Clerk as set forth in Section 5.6. (c) Except as provided by state or local statute, the appointee shall not be a current City employee or currently appointed to another City board, committee or commission.
5.4 Council Notification. By September 1 of each year, the Deputy City Clerk will notify the Council of expiring terms for members of those City boards, commissions, and committees appointed by the full Council.
11 | P a g e
5.5 Incumbents.
(a) At the end of the first term, the incumbent board, commission or committee member may, at the discretion of the Council or appointing Council Member, be reappointed for an additional term without the need to apply or interview for re-appointment. In lieu of an application, the board, commission or committee member shall submit to the Deputy City Clerk a letter of interest in re-appointment 30 days prior to the expiration of the member’s first term.
(b) Any incumbent interested in re-appointment who has served two or more terms must apply for re-appointment as set forth in Section 5.6.
5.6 Application. Except as set forth in Section 5.5, all persons considered for appointment or re-appointment shall complete an application form. This application form must be received by the Deputy City Clerk by the required deadline.
5.7 Appointment Procedure for Planning Commission Members. This portion of the policy sets forth the procedure for appointments of Planning Commission Members consistent with Chapter 2.36 of the Nevada City Municipal Code.
(a) The Commission shall consist of five (5) members and each member of the City Council shall have the right to appoint one (1) Planning Commissioner. Planning Commissioners must be residents of Nevada City.
(b) Planning Commissioners serve at the will and pleasure of the City Council and shall take an oath of office at a regular City Council meeting before assuming office. (c) The normal term of each Planning Commissioner shall begin upon appointment and end no more than ninety (90) days after the appointing Council Member leaves office. In the event that a new Council Member takes, office earlier than ninety (90) days after the appointing Council Member leaves office, the new Council Member may appoint a new Planning Commissioner before the end of the ninety (90) day period above mentioned (said appointment shall be pursuant to Section 2.36.020 of the Nevada City Municipal Code). In the event that a new Council Member has not been seated within ninety (90) days of the appointing Council Member leaving office, the City Council may appoint a person to act as a temporary Planning Commissioner until a new Council Member is seated and appoints a Planning Commissioner.
(d) Any planning commissioner may be removed by a majority vote of the total voting members of the Council.
(e) In the event that a Planning Commissioner resigns, is removed or otherwise ceases to act as a Planning Commissioner, that vacancy shall be filled by the Council Member who originally appointed that Planning Commissioner.
12 | P a g e
5.8 Appointment Procedure for Board and Committee Members Appointed by the Full Council. This portion of the policy sets forth the procedure for appointments made by the full Council for boards and committees appointed by the full Council. (a) The council or a duly established ad hoc committee shall conduct interviews of all nominated candidates prior to appointment.
(b) If an unscheduled board or committee vacancy occurs prior to the expiration of the member’s term, the vacancy shall be noticed in compliance with the state law (Government Code Sections 54970- 54974).
(c) All persons appointed by the full Council to boards and committees serve at the pleasure of the Council and shall serve for the term indicated or until a successor has been appointed.
(d) Members of boards and committees appointed by the full Council shall be interviewed at a duly noticed open Council meeting and shall be selected by motion and majority vote of the Council.
5.9 Attendance.
(a) Board, commission and committee members are expected to regularly attend and participate on their respective boards, committees and commissions. (b) A board, commission or committee member whose attendance is less than seventy five (75%) of the required meetings over a period of a year may be subject to removal by the Council Member who appointed the person or the full Council if appointed by the Council. (c) The Council may grant an approved leave of absence for a board, commission or committee member for such reasons as the Council determines appropriate. During the approved leave of absence, the Council Member who appointed the person, or full Council, depending on how the person was appointed, may appoint a temporary person to fill the position.
5.10 Standards and Procedures and Conflicts of Interest. (a) Board, committee and commission members shall be expected to adhere to the Council Standards and Procedures.
(b) Board, committee and commission members shall comply with all state and local laws with respect to ethics and conflicts of interests to the extent that such laws apply to their position, including state and local requirements to timely file Statements of Economic Disclosure if the member is designated as a filer by state law or by the City’s Conflict of Interest Code. Boards, committees and commissions are generally subject to the Brown Act except for certain narrow circumstances outlined in Government Code 54952(b). The City Attorney should be consulted whenever there is a question on the transparency rules applicable to a particular board, committee or commission. 13 | P a g e
(c) Members of City boards, commissions or committees may not use their board, commission or committee position title for political endorsements.
5.11 Conflicts with Federal, State or Local Law. In case of a conflict between this section of the Standards and Procedure policy with federal, state or local law, such federal, state or local law shall be the controlling factor.
SECTION 6. MEETINGS
6.1 Open to Public. All meetings of the City Council whether regular, special, or study sessions, shall be open to the public, unless a closed session is held as authorized by law. All meetings shall be noticed as required to allow action to be taken by the Council.
6.2 Broadcasting of City Council Meetings. All regular Council meetings shall be scheduled in the Council Chambers to allow for web streaming and simulcast on the Public Education Government Access Channel, unless alternative arrangements to hold meetings in another location are made in compliance with the Brown Act
6.3 Regular Meetings. The City Council shall convene its regular City Council meetings at 6:30 p.m. on the second and fourth Wednesday of each month. The City Council may, as the Council deems necessary, cancel regular meetings provided that the City Council shall hold a regular meeting at least once each month pursuant to Government Code Section 56803. The regular 6:30 p.m. starting time of a council meeting can be varied by the City Manager with the concurrence of the Mayor.
6.4 Cancelling Meetings. Any meeting of the City Council may be cancelled in advance by majority vote of the Council. The Mayor may cancel a meeting in the case of an emergency or when a majority of members have confirmed their unavailability to attend a meeting. The City Council may, as the Council deems necessary, cancel no more than four (2) Regular Meetings per calendar year (outside of the months of November and December which only have one meeting per month annually), by majority vote, provided, however, that the City Council shall hold a Regular Meeting at least once each month pursuant to Government Code Section 36805.
6.5 Special Meetings. A special meeting may be called at any time by a majority of the City Council or the City Manager in accordance with the Brown Act. Written notice of any such meeting must specify the purpose of the meeting. Notice of the meeting must be given in accordance with law. Public comments at special meetings shall be limited to only those items described on the special meeting notice/agenda.
The City Council may hold study sessions or joint meetings with other boards, commissions, committees, or agencies as deemed necessary to resolve City business. These meetings will be coordinated by the City Manager. Study sessions are scheduled to provide Council Members the opportunity to better understand a particular item. While Council may legally take action at any noticed meeting, generally no formal action is taken at study sessions. If action is to be taken at a study session, then the agenda will state that action may be taken. 14 | P a g e
6.6 Closed Sessions. The City Council may hold closed sessions at any time authorized by law (and in consultation with the City Manager and/or the City Attorney), to consider or hear any matter, which is authorized by law. The City Manager or any three Council Members may call closed session meetings at any time.
6.7 Quorum. Three (3) members of the City Council shall constitute a quorum and shall be sufficient to transact business. If fewer than, three Council Members appear at a regular meeting, the Mayor, Vice Mayor in the absence of the Mayor, any Council Member in the absence of the Mayor and Vice Mayor, or in the absence of all Council Members, the City Manager or Deputy City Clerk, shall adjourn the meeting to a stated day and hour.
Business of the City Council may be conducted with a minimum of three members being present; however, pursuant to the California Government Code, matters requiring the expenditure of City funds and all resolutions and non-urgency ordinances must receive three affirmative votes for approval.
6.8 Minutes. The Deputy City Clerk shall prepare action minutes of all public meetings of the City Council. Copies shall be distributed to each Council Member as part of the regular meeting agenda packet.
6.9 Adjourned Meetings. The City Council may adjourn any regular, adjourned regular, special, or closed session meeting to a time and place specified in the order of adjournment and permitted by law.
SECTION 7. AGENDA CONTENTS
7.1 Mayor’s Responsibility. The Mayor is responsible for running a timely and orderly meeting. If the Mayor is unavailable to run a Council meeting, the Vice Mayor shall run the meeting. If the Mayor and the Vice Mayor are both unavailable to run a Council meeting, the Mayor shall designate another councilmember to run the meeting. If the Mayor is unavailable to make this designation, the Vice Mayor shall do so.
7.2 Description of Matters. All items of business to be discussed at a meeting of the City Council shall be briefly described on the agenda. The description should set forth the proposed action to be considered so that members of the public will know the nature of the action under review and consideration. As stated in Section 4.2, if a Council Member has a question on a subject, the Council Member should contact the City Manager prior to any meeting at which the subject may be discussed.
7.3 Availability to the Public. The agenda for any regular, special, or study session meeting, shall be made available to the public as required by law.
7.4 Limitation to Act Only on Items on the Agenda. No action shall be taken by the City Council on any item not on the posted agenda, subject only to the exceptions listed below:
(a) Upon a majority determination that an “emergency situation” (as defined by State Law) exists; or
15 | P a g e
(b) Upon determination by a 4/5 vote of the full City Council, or a unanimous vote if less than a full Council, that there is a need to take immediate action and that the need to take the action came to the attention of the City Council subsequent to posting of the agenda.
7.5 "Timing" of Agenda. Staff and/or the Mayor may "time" the agenda as a way for the Council to maintain a sense of how much time can be committed to any one item without going past an established ending time for the meeting.
7.6 Change in Order of Business. The City Manager, Mayor, or the majority of the Council, may decide to take matters listed on the agenda out of the prescribed order. Council Members shall be given the opportunity to ask questions about Consent Items for clarification without having them removed.
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 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.
SECTION 8. PROCEDURES FOR THE CONDUCT OF PUBLIC MEETINGS
8.1 Role of Mayor.
(a) The Mayor shall be responsible for maintaining the order and decorum of meetings.
It shall be the duty and responsibility of the Mayor to ensure that the rules of operation and decorum contained herein are observed. The Mayor shall maintain control of communication between Council Members and among Council, staff and public. The Mayor shall intervene when a Council Member, staff or other meeting participant is being verbally or otherwise attacked by a member of the public.
(b) Communication with Council Members:
1. Council Members shall request the floor from the Mayor before speaking.
2. When one member of the Council has the floor and is speaking, other Council Members shall not interrupt or otherwise disturb the speaker. (c) Communication with members of the public addressing the Council on agendized items
1. The Mayor shall open the floor for public comment as appropriate. 16 | P a g e
2. Council Members may question a person addressing the Council at the conclusion of the person’s comments or upon expiration of the person’s time to speak.
3. Any staff member with an item on the agenda will be available to the City Council to answer questions arising during discussions between Council Members and among Council Members and members of the public.
4. Members of the public shall direct their questions and comments to the Council.
8.2 Rules of Order. The City Council shall refer to Rosenberg’s Rules of Order, as a guide for the conduct of meetings, with the following modifications:
(a) A motion is not required prior to a general discussion on an agenda item. A pre-motion discussion allows the members to share their thoughts on the agendized item so that a motion can more easily be made that takes into account what appears to be the majority position. (b) All motions require a second.
(c) A motion may be amended at the request of the maker and the consent of the person who seconded the motion. Such a procedure is often used to accommodate concerns expressed by other members.
(d) A motion to amend may still be used.
The Mayor has the discretion to impose reasonable rules at any particular meeting based upon facts and circumstances found at any particular meeting. These latter rules will be followed unless objected to by a majority of the City Council Members present.
8.3 Public Comment.
(b) The limit for speakers will be up to 3 minutes, depending on the number of speakers.
Speakers are not allowed to delegate their time to another speaker without permission from the Mayor. The Mayor may limit the time to be spent on an item and may continue the item, with the approval of the majority of the Council, to a future meeting at his/her discretion. (c) Upon addressing the Council, each speaker is requested, but not required, to first state his/her name, whom they represent and/or city of residence. (d) After the speaker has completed their remarks, the Mayor may direct the City Manager or City Attorney to briefly address the issues brought forth by the speaker. Council Members shall be respectful of the speakers and shall not enter into a debate with any member of the public nor discuss amongst themselves.
(e) All Council Members shall listen to all public discussion as part of the Council’s community responsibility. Individual Council Members should remain open-minded to informational comments made by the public.
17 | P a g e
(f) The Mayor has the right to ask a member of the public to step down if over the allotted time or if the speaker’s comments are not within the city’s jurisdiction.
8.4 Motions. It will be the practice of the City Council for the Mayor to provide Council Members an opportunity to ask questions of staff, comment on, and discuss any agendized item in order to help form a consensus before a motion is offered. After such discussion, the Mayor or any Council Member may make a motion. Before the motion can be considered or discussed, it must be seconded. Once a motion has been properly made and seconded, the Mayor shall open the matter to full discussion offering the first opportunity to speak to the moving party, and thereafter, to any Council Member recognized by the Mayor. Customarily, the Mayor will take the floor after all other Council Members have been given the opportunity to speak.
If a motion clearly contains divisible parts, any Council Member may request the Mayor or moving party divide the motion into separate motions to provide Council Members an opportunity for more specific consideration.
Tie Votes: Tie votes shall be lost motions. When all Council Members are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal, unless the Council takes other action to further consider the matter. If a tie vote results at a time when fewer than all members of the Council, who may legally participate in the matter are present, the matter shall be automatically continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council.
8.5 Reconsideration.
(a) Request for reconsideration.
1. Request by a member of the public.
Notwithstanding Rosenberg’s Rules of Order, a request for reconsideration may be made by a member of the public to the City Council at the next regular meeting of the City Council or at any intervening special meeting of the City Council.
2. Request by a member of the City Council.
Only a member of the City Council who voted on the prevailing side may request reconsideration. The request may be made at the same meeting or at the next regular meeting of the City Council or at any intervening special meeting of the City Council.
3. The member of the public or City Council Member making the request should state orally or in writing the reason for the request, without dwelling on the specific details or setting forth various arguments.
(b) Motion to reconsider any Council action.
1. Reconsideration at the same meeting.
18 | P a g e
A motion to reconsider an action taken by the City Council may be made at the same meeting at which the action was taken (including an adjourned or continued meeting). A motion to reconsider an action taken by the City Council may be made only by a Council Member who voted on the prevailing side, but may be seconded by any Council Member and is debatable. The motion must be approved by a majority of the entire City Council.
2. Reconsideration at a subsequent meeting.
If an intent to request a motion for reconsideration is communicated to the City Council prior to the deadline for posting the City Council meeting agenda, then the request for reconsideration may be agendized if support for said action exists in accordance with the Council Standards Section 10.8. Otherwise, no City Council discussion or action on a possible reconsideration may occur unless the item is appropriately added to the agenda pursuant to Government Code section 54954.2(b), which addresses adding items that are not listed on a posted agenda (urgency agenda item). At the time such motion for reconsideration is heard, testimony shall be limited to the facts giving rise to the motion.
(c) Effect of approval of motion.
Upon approval of a motion to reconsider, and at such time as the matter is heard, the City Council shall only consider any new evidence or facts not presented previously with regard to the item or a claim of error in applying the facts.
If the motion to reconsider is made and approved at the same meeting at which the initial action was taken and all interested persons (including applicants, owners, supporters and opponents) are still present, the matter may be reconsidered at that meeting or at the next regular meeting or intervening special meeting (subject to the discretion of the maker of the motion) and no further public notice is required.
If the motion to reconsider is made and approved at the same meeting at which the initial action was taken but all interested persons are not still present, or if the motion is made and approved at the next regular meeting or intervening special meeting, the item shall be scheduled for consideration at the earliest feasible City Council meeting and shall be re-noticed in accordance with the Government Code, the City Municipal Code and the Council Standards and Procedures. The Clerk shall provide notice to all interested parties as soon as possible when a matter becomes the subject of a motion to reconsider.
8.6 Discussion.
(a) The discussion and deliberations at meetings of the City Council are to secure the mature judgment of Council Members on proposals submitted for decision. This purpose is best served by the exchange of thought through discussion and debate. 19 | P a g e
To the extent possible, Council Members should disclose any ex parte communication prior to discussion on an item. Ex parte communications are those made in private between an interested party and an official in a decision-making process.
Discussion and deliberation are regulated by these rules in order to assure every member a reasonable and equal opportunity to be heard.
(b) Obtaining the floor for discussion.
After the Council has commented on an issue, and a motion has been stated to the Council and seconded, any member of the Council has a right to discuss it after obtaining the floor. The member obtains the floor by seeking recognition from the Mayor. A member who has been recognized should make their comments clear, brief and concise. (c) Speaking more than once.
To encourage the full participation of all members of the Council, no member or members shall be permitted to monopolize the discussion of the question. If a Council Member has already spoken, other Council Members wishing to speak shall then be recognized. No Council Member shall be allowed to speak a second time until after all other Council Members have had an opportunity to speak.
(d) Relevancy of discussion.
All discussion must be relevant to the issue before the City Council. A Council Member is given the floor only for the purpose of discussing the pending question; discussion which departs is out of order. Council Members shall avoid repetition and strive to move the discussion along.
A motion, its nature, or consequences, may be attacked vigorously. It is never permissible to attack the motives, character, or personality of a member either directly or by innuendo or implication. It is the duty of the Mayor to instantly rule out of order any Council Member who engages in personal attacks. It is the motion, not its proposer that is subject to debate.
Arguments, for or against a measure, should be stated as concisely as possible. It is the responsibility of each Council Member to maintain an open mind on all issues during discussion and deliberation.
It is not necessary for all City Council Members to speak or give their viewpoints if another Council Member has already addressed their concerns. Although issues with potential to be litigated or otherwise appealed should have comments by each Council Member on the record. (e) Mayor’s duties during discussion.
The Mayor has the responsibility of controlling and expediting the discussion. A Council Member who has been recognized to speak on a question has a right to the undivided attention of the Council.
20 | P a g e
It is the duty of the Mayor to keep the subject clearly before the members, to rule out irrelevant discussion, and to restate the question whenever necessary.
8.7 Council Member Respect. At all times, Council Members in the minority on an issue shall respect the decision and authority of the majority.
8.8 Announcements. Council reports at the end of Council meetings shall be limited to announcing Mayor/Council related activities in which Council Members are involved, City and City-sponsored activities and items which directly affect the City. Community groups may announce their activities during Public Comments at the beginning of Council meetings. Council Members should refrain from making personal comments, stating personal activities, or items that do not impact their role as a Council Member.
SECTION 9. CLOSED SESSIONS
9.1 Purpose. It is the policy of the City Council to conduct its business in public to the greatest extent possible. However, state law recognizes that, in certain circumstances, public discussion could potentially jeopardize the public interest, compromise the City’s position, and could cost the taxpayers of Nevada City financially. Therefore, closed sessions shall be held from time to time as allowed by law. The procedures for the conduct of these meetings shall be the same as for public meetings, except that the public will be excluded.
Prior to convening the closed session meeting, the Mayor shall publicly announce the closed session items and ask for public input regarding any items on the closed session agenda.
Council Members are to keep all information obtained during closed session in complete confidence. All written materials provided to councilmembers during closed session shall be returned to the City Manager at the conclusion of each closed session.
If the City Council in closed session has provided direction to City staff on proposed terms and conditions for any type of negotiations, whether it be related to property acquisitions or disposal, a proposed or pending claim or litigation, or employee negotiations, all contact with the other party will be through the designated City person(s) representing the City in the handling of the matter. A Council Member, not so designated by the Council, will not under any circumstances have any contact or discussion with the other party or its representative concerning the matter which was discussed in the closed session, and will not communicate any discussions conducted in closed session to such party.
9.2 Rule of Confidentiality. The City Council recognizes that breaches in confidentiality can severely prejudice the City’s position in litigation, labor relations and real estate negotiations.
Further, breaches of confidentiality can create a climate of distrust among Council Members and can harm the Council’s ability to communicate openly in closed sessions, thereby impairing the Council’s ability to perform its official duties.
The City Council further recognizes that confidentiality of discussions and documents are at the core of a closed session. Confidentiality is essential if the closed session is to serve its purpose.
Therefore, the City Council will adhere to a strict policy of confidentiality for closed sessions. 21 | P a g e
9.3 Breach of Rule of Confidentiality. No person who attends a closed session may disclose any statements, discussions, or documents used in a closed session except where specifically authorized by State law. Any authorized disclosure shall be in strict compliance with these rules and the Ralph M. Brown Act. Violation of this rule shall be considered a breach of this rule of confidentiality.
9.4 Agenda. The City Council agenda will contain a brief general description of the items to be discussed at the closed session, as required by law.
9.5 Permissible Topics. All closed sessions will be held in strict compliance with the Ralph M.
Brown Act. The City Attorney, or his/her designee, will advise in advance on topics that may be discussed in a closed session.
9.6 Rules of Decorum.
(a) The same high standard of respect and decorum as apply to public meetings shall apply to closed sessions. There shall be courtesy, respect and tolerance for all viewpoints and for the right of Council Members to disagree. Council Members shall strive to make each other feel comfortable and safe to express their points of view. All Council Members have the right to insist upon strict adherence to this rule.
(b) Prior to a vote, the Mayor shall ensure that the motion is clearly stated and clearly understood by all Council Members.
(c) The Mayor shall keep the discussion moving forward so that debate and a vote can occur in the time allotted for the closed session. The Mayor will determine the order of debate in a fair manner
9.7 Public Disclosure After Final Action.
(a) The Ralph M. Brown Act requires that, as a body, the City Council make certain public disclosure of closed session decisions when those actions have become final. Accordingly, the City Council shall publicly report any final action taken in closed session, and the vote, including abstentions, at a publicly noticed meeting as follows:
* Real Estate negotiations: After the agreement is final and accepted by the other party; * Litigation: After approval to defend or appeal a lawsuit or to initiate a lawsuit; * Settlement: After final settlement of litigation or claims; * Employees: Action taken to appoint or dismiss a Council-appointed employee; * Labor relations: After the Memorandum of Understanding is final and has been accepted by both parties.
(b) The report may be oral or written. The report will state only the action taken and the vote. Unless authorized by the majority of the City Council, the report will not state the debate or discussion that occurred. Except for the action taken and the vote, all closed session discussions will remain confidential.
22 | P a g e
SECTION 10. DECORUM
10.1 Council Members. Members of the City Council value and recognize the importance of the trust invested in them by the public to accomplish the business of the City. Council Members shall accord the utmost courtesy to each other, City employees, and the public appearing before the City Council.
10.2 City Employees. Members of the City staff shall observe the same rules of order and decorum applicable to the City Council. City staff shall act at all times in a business and professional manner towards Council Members and members of the public.
10.3 Public. Members of the public attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council. These Standards and Procedures shall apply to all City Council Meetings.
10.4 Noise in the Chambers. Noise emanating from the audience, whether expressing opposition or support within the Council Chambers or lobby area, which disrupts City Council meetings, shall not be permitted. All cell phones and other electronic devices shall be muted while in the chambers. Refusal is grounds for removal.
10.5 Removal. Any member of the public making personal, impertinent, and/or slanderous or profane remarks, or who becomes boisterous or belligerent while addressing the City Council, staff or general public, or while attending the City Council meeting and refuses to come to order at the direction of the Mayor/Presiding Officer, shall be removed from the Council Chambers and may be barred from further attendance before the Council during that meeting. Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demonstrations shall not be permitted by the Mayor/Presiding Officer. The Mayor/Presiding Officer may order that such offenders be removed from the room.
10.6 Dangerous Instruments. No person may enter the chambers of a legislative body as defined in Section 54852 of the Government Code of the State of California or any place were such legislative body is in session, with any firearm, weapon, or explosive device of any nature.
The provisions of this section shall not apply to authorized peace officers or to those persons authorized by the Penal Code of the State to carry such weapons.
10.7 Prosecution. Aggravated cases shall be prosecuted on appropriate complaint to the City Prosecutor.
SECTION 11. ENFORCEMENT OF DECORUM
In extreme cases, such as when a meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals as provided for in this Policy, the Mayor/Presiding Officer may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held 23 | P a g e
pursuant to this Section. Nothing in this Section shall prohibit the City Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
SECTION 12. VIOLATIONS OF PROCEDURES
Nothing in these Standards and Procedures shall invalidate a properly noticed and acted upon action of the City Council in accordance with State Law.
This document shall remain in effect until modified by the City Council.
ADOPTED AT A REGULAR CITY COUNCIL MEETING ON MARCH 9, 2022
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: October 26, 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: October 14, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Reconfirm the 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: October 26, 2022 Agenda Item No. 06
Subject: Consideration of Adoption of Resolution No. 2022- 66: A Resolution of the City Council of the City of Nevada City Approving the Application for Grant Funds for the 2022
Wildfire Recovery & Forest Resilience Directed Grant Program of the Sierra Nevada Conservancy.
From: Sean Grayson, City Manager
Date: October 21, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Adopt the resolution.
ISSUE STATEMENT AND DISCUSSION:
Sierra Nevada Conservancy (SNC) manages a wildfire and forest resilience grant program funded by the FY 2022-223 State Budget to create more resilient forest landscapes, reduce wildfire risk, and accelerate recovery from recent wildfires. The Governor’s Forest Management Task Force identified these as priorities in its publication, California’s Wildfire and Forest Resilience Action Plan: A Comprehensive Strategy.
The proposed Nevada City Deer Creek Hazardous Fuels Treatment Project is being developed to address priorities of the City Council, aligned with the priorities of the Nevada County Board of Supervisors for protecting residents, property, and resources from the risks of large, damaging wildfires. The project details include:
• The purpose of the project is to protect Nevada City from a significant wildland fire in the Deer Creek Canyon and it will provide planning for a Hazardous Fuels Treatment Project in the wildland/urban (WUI) interface of Nevada City residences and businesses within the forested lands. • It will include planning for fuel modifications for approximately 300 acres as well as ingress and egress (vegetation management for evacuation routes) planning. • The eight Project Area property owners, schools and stakeholders have all agreed to participate in the Project and adhere to SNC’s 10-year maintenance plan and monitoring protocol. • This Project will not only protect the many businesses, residents, Deer Creek and Seven Hills schools and critical infrastructure (including a cell tower and a city owner wastewater treatment plant), it will also provide protection for the Deer Creek watersheds that is critical for communities downstream. • This proposal is for a planning grant for hazardous or ladder fuels modification for the project area, including the former Grass Valley Group property including what is called the Tech Center, as well as the surrounding area, the Deer Creek Environs and Nisenan land. • The Project will also provide outreach and education regarding the fuels modification treatments and evacuation route planning for the Piety Hill and other neighborhoods, all within the Deer Creek Southside Firewise Community.
In order to move forward with the application for the project to the SNC, the City must ratify the resolution attached to this staff report. The application will be in an amount not-to-exceed $150,000. If SNC awards the grant, work would start on or around April 1, 2023, and end by June 30, 2024.
FINANCIAL AND/OR POLICY IMPLICATIONS:
SNC’s awarding of this grant would make funds available to support development of Nevada City Deer Creek Hazardous Fuels Treatment Project plan. Expenses incurred in the conduct of this work would be offset by this corresponding increase in revenue from the grant award. There is no specific match requirement. As a result, there is no fiscal impact on the City.
ENVIRONMENTAL CONSIDERATIONS:
Because this is a planning effort, there is no “project” to trigger California Environmental Quality Act (CEQA) compliance pursuant to CEQA Guidelines § 15378 or National Environmental Policy Act (NEPA) compliance. Individual projects that may be identified as a result of this planning effort would be subject to environmental review and compliance as a component of the planning effort and before they could move forward to implementation.
ATTACHMENTS:
Resolution No. 2022-66
Project Area Map
RESOLUTION NO. 2022-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY
APPROVING THE APPLICATION FOR GRANT FUNDS FOR
THE 2022 WILDFIRE RECOVERY AND FOREST RESILIENCE DIRECTED GRANT
PROGRAM OF THE SIERRA NEVADA CONSERVANCY
WHEREAS, the Legislature and Governor of the State of California have provided funds for the Sierra Nevada Conservancy to support the 2022 Wildfire Recovery and Forest Resilience Grant Program; and
WHEREAS, the City of Nevada City (the “City”) after submitting a Concept Proposal for a planning grant for the Nevada City Deer Creek Hazardous Fuels Treatment Project (the “Project”), was approved to submit a full grant proposal; and WHEREAS, said procedures established by the Sierra Nevada Conservancy require a resolution certifying the approval of the full application by the governing board of each applicant before submission of said application to the SNC; and
WHEREAS, the City has identified the Nevada City Deer Creek Hazardous Fuels Treatment Project SNC, Grant # 1517, as valuable toward meeting its mission and goals of protecting the City from catastrophic wildfires; and
WHEREAS, the City intents to submit a full application to SNC for the Project; and WHEREAS, the City, if selected, will enter into an agreement with the SNC to carry out the Project;
NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Nevada City that it does find as follows:
1. The above recitals are true and correct.
2. Approves the submittal of an application for the Project.
3. Certifies that City understands the assurances and certification requirements in the application.
4. Certifies that City will have sufficient funds to operate and maintain the resource(s) consistent with the long-term benefits described in support of the application; or will secure the resources to do so.
5. Certifies that City will comply with all legal requirements as determined during the application process.
6. Appoints its City Manager, or designee, as agent to conduct all negotiations, execute and submit all documents, including but not limited to: applications, agreements, payment requests, and so on, which may be necessary for the completion of the aforementioned Project.
PASSED AND ADOPTED at the regularly scheduled meeting of the Nevada City, City Council held on the 26th day of October, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____
Doug Fleming, Mayor
ATTEST:
Niel Locke, City Clerk
!
!
!
!
!
! ! !
!
! !
!
! ! ! !
!
!
!
!
! !
!
! ! !
!
!
! !
!
! !
!!
!
!
! !
!
!
! ! ! ! ! ! !
! ! !
! !
!
! ! ! ! ! ! !
!
!
! !
!
!
!
!
!
! ! !
!
!
! ! !
!
12 13
D I T C H
READY
Flume
BM
2592
BM 2455
Champion
Mine
NEVADA CITY
5 11
0 16
9 1
9 18
17 19
4 7
15 30
20 3
10 13
8 6
12 2
14 21
2924
25 23
²
0 460 920 1,840 Feet
Dry
Pond
Legend
Nevada City Parcels final
Watercourses
Watercourses
rds_frNevada
NID_RawWaterSystems_Watershed_VegZone
IV Watercourse
! ! Newtown
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: October 26, 2022 Agenda Item No. 07
Subject: Receive a Presentation on the Results of the Impact Assessment Study on Nevada City Joining the Pioneer Energy JPA for Community Choice Aggregation; Consideration of
Ordinance 2022-12: An Ordinance of the City Council of the City of Nevada City Authorizing the Implementation of a Community Choice Aggregation Program in the City of Nevada City; and Consideration of Resolution 2022-64: A Resolution of the City of Nevada City Requesting Membership in Pioneer Community Energy and Approving the Amended and Restated Joint Exercise of Powers Agreement and Amendment No. 2
Thereto.
From: Sean Grayson, City Manager
Date: October 20, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Receive the presentation, hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for November 9, 2022; adopt the resolution.
ISSUE STATEMENT AND DISCUSSION:
Pioneer Community Energy (Pioneer) is a Joint Powers Authority formed between the Counties of Placer and El Dorado, the Town of Loomis, and the Cities of Auburn, Colfax, Lincoln, Placerville, and Rocklin.
Pioneer is a Community Choice Aggregation Program (CCA) authorized under Assembly Bill 117 (2002). The CCA provides local control over the electricity supply with a primary goal of providing stable and competitive electricity rates to the residents and businesses within its member jurisdictions.
Pioneer purchases the electricity supply and PG&E transmits and delivers the power through PG&E’s infrastructure (poles and wires). PG&E continues to own, operate, and maintain its distribution infrastructure. PG&E also continues to provide meter reading and billing services for Pioneer’s customers.
On July 6, 2022, the Pioneer executive team met with the city manager and team to discuss the benefits of joining a CCA, how Pioneer may be a fit for this region and necessary next steps.
On August 10, 2022, the Pioneer executive team gave a presentation to the city council. This presentation was a general introduction to a CCA and Pioneer. At this meeting, the City Council authorized staff to proceed with an Impact Assessment Study.
At the September 15, 2022, Pioneer Governing Board meeting, the Board approved unanimously to allow staff to begin the process of amending the JPA to allow the City of Grass Valley and Nevada City to join.
According to the Impact Assessment Study and the Pioneer leadership team, the expansion provides potential benefits to the residents and businesses in the new member service territories. Significant benefits include:
• Stable and Competitive Rates – From 2018 through 2021, Pioneer customers have saved $21.9 million.
The Impact Assessment study indicates that the city/county residents and businesses should expect to see annual savings of more than $183,000 (or approximately 6% cost reduction), based on 2022 electric rates. • Local Control – As a member of the JPA, the city/county will have one seat on the Pioneer board of directors. This person is appointed by the council/board from the elected officials. All meetings are open to the public and every person’s voice will be heard.
• Legislative & Regulatory Influence & Advocacy –Pioneer is an advocate for the member agency residents and businesses by working with the state legislature, the California Public Utilities Commission and PG&E on behalf of customer interests and concerns.
• Local Jobs and Power Supply Resources –Pioneer supports local business. This occurs through power contracts and non-power contracts and purchases. The projected savings for Pioneer customers will result in more spending by residents and businesses, further stimulating the local economy. • Programs – The new members will have an impact on energy efficiency programs that are developed and the ability to customize programs to meet their specific needs.
The City of Grass Valley received its impact assessment study on October 11, 2022, conducted first reading of the ordinance to create a CCA and adopted the resolution to join Pioneer Energy. The County of Nevada has deferred its decision to join the Pioneer Energy CCA until 2023.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The City Council has previously authorized a cap of $15,000 to fund half the cost of the impact assessment study with Pioneer funding the other half of the cost. There is no risk to the general fund as cost to serve the new members is funded through Pioneer rates.
ENVIRONMENTAL CONSIDERATIONS:
The adoption of the Resolution does not constitute a project and is therefore exempt from the requirements of CEQA in accordance with Section 15378(b)(4) and (5).
ATTACHMENTS:
Ordinance 2022-12
Resolution 2022-64
Pioneer JPA Amendment No. 5
Pioneer Energy Presentation
ORDINANCE 2022-12
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY
AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE
AGGREGATION PROGRAM IN THE CITY OF NEVADA CITY
WHEREAS, on September 24, 2002, the Governor of California signed into law Assembly Bill 117 (Statute 2002, Chapter 838; see California Public Utilities Code section 366.2; hereinafter referred to as the "Act"), which authorizes any California city or county, whose governing body so elects, to combine electricity load of its residents and businesses in a Community Choice Aggregation program (CCA); and
WHEREAS, on September 27, 2006, Assembly Bill 32 (AB 32), the Global Warming Solutions Act, was signed into law establishing the goal of reducing California's greenhouse gas (GHG) emissions to 1990 levels by 2020; and
WHEREAS, the Act expressly authorizes participation in a CCA through a joint powers agency, and on February 22, 2017, Pioneer Community Energy (Pioneer) was established as a joint powers authority pursuant to an Amended and Restated Joint Powers Agreement, as amended from time to time, for the establishment of a CCA and
WHEREAS, the California Public Utilities Commission certified the "Implementation Plan" of Pioneer, confirming Pioneer’s compliance with the requirements of the Act; and WHEREAS, currently electricity is generated and provided to the residents of the City of Nevada City by Pacific Gas and Electric Company (PG&E) with no alternative provider for the City of Nevada City; and
WHEREAS, the City of Nevada City finds it important that its residents, businesses and public facilities have alternative choices to energy procurement beyond PG&E; and WHEREAS, on August 10, 2020, the City and Pioneer began discussions and studies to consider the financial feasibility and assessed risk of the addition of the City into the service area of Pioneer; and
WHEREAS, contingent on completion of those discussions and studies, the City believes joining Pioneer will provide financial and other advantages to businesses and residents of the City of Nevada City; and
WHEREAS, the Pioneer Joint Powers Agreement requires a prospective member to individually adopt a resolution of intent expressing a desire to become a member of the Pioneer Joint Powers Authority and adopt an ordinance electing to implement a CCA within its jurisdiction pursuant to PUC 366.2; and
WHEREAS, the City finds that adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, as it is not a “project” since it has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Reg. § 15378(a)). Further, the ordinance is exempt from CEQA, as there is no possibility that the ordinance or its implementation would have a significant effect on the environment. (14 Cal. Code Reg. § 15061 (b)(3)).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEVADA CITY DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The recitals above are true and correct and are incorporated by this reference and constitute findings in this matter.
Section 2. The City Council of the City of Nevada City authorizes the implementation of a Community Choice Aggregation Program within the City of Nevada City through participation in the Community Choice Aggregation Program of the Pioneer Community Energy Joint Powers Authority, contingent on all of the following: completion of the impact analysis by Pioneer, the City’s adoption of a resolution of intent expressing the City’s desire to become a member of Pioneer, approval of an amendment to the Amended and Restated JPA by the City, each member entity of Pioneer, and the Pioneer Board, and the certification by the Public Utilities Commission of the Implementation Plan filed by Pioneer to include the City.
Section 3. The provisions of this Ordinance are separate and severable. If any provision of this Ordinance is for any reason held by a court to be invalid, the City Council declares that it would have passed this Ordinance irrespective of the invalidity of the provision held to be invalid and such invalidity shall therefore not affect the remaining provisions of this Ordinance which shall remain in full force and effect or the validity of its application to other persons or circumstances.
Section 4. This Ordinance shall take effect 30 days after its adoption.
Section 5. A summary of this Ordinance will be published within 15 days after its adoption in The Union, a newspaper of general circulation in the City of Nevada City.
PASSED, APPROVED AND ADOPTED at a regularly scheduled meeting of the Nevada City City Council held on this ____ day of _______________, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Doug Fleming, Mayor
ATTEST:
_________________________________________
Niel Locke, City Clerk
RESOLUTION 2022-64
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY
REQUESTING MEMBERSHIP IN PIONEER COMMUNITY ENERGY AND
APPROVING THE AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT AND AMENDMENT NO. 2 THERETO
WHEREAS, on September 24, 2002, the Governor of California signed into law Assembly Bill 117 (Statute 2002, Chapter 838; see California Public Utilities Code section 366.2; hereinafter referred to as the "Act"), which authorizes any California city or county, whose governing body so elects, to combine electricity load of its residents and businesses in a Community Choice Aggregation program (CCA); and
WHEREAS, on September 27, 2006, Assembly Bill 32 (AB 32), the Global Warming Solutions Act, was signed into law establishing the goal of reducing California's greenhouse gas (GHG) emissions to 1990 levels by 2020; and
WHEREAS, the Act expressly authorizes participation in a CCA through a joint powers agency, and on February 22, 2017, Pioneer Community Energy (Pioneer) was established as a joint powers authority pursuant to an Amended and Restated Joint Powers Agreement, as amended from time to time, for the establishment of a CCA ; and WHEREAS, the California Public Utilities Commission certified the "Implementation Plan" of Pioneer, confirming Pioneer's compliance with the requirements of the Act; and WHEREAS, currently electricity is generated and provided to the residents of the City of Nevada City by Pacific Gas and Electric Company (PG&E) with no alternative provider for the City; and
WHEREAS, the City finds it important that its residents, businesses and public facilities have alternative choices to energy procurement beyond PG&E; and WHEREAS, on August10, 2022, the City and Pioneer began discussions and studies to consider the financial feasibility and assessed risk of the addition of the unincorporated City into the service area of Pioneer; and
WHEREAS, on October 26, 2022, the City Council introduced Ordinance No. _____ conditionally authorizing the implementation of a Community Choice Aggregation Program within the areas currently served by PG&E in the City through participation in the Community Choice Aggregation Program of the Pioneer Community Energy Joint Powers Authority; and WHEREAS, having conducted additional discussions with Pioneer and having reviewed the results of the impact analysis commissioned by Pioneer, the City believes joining Pioneer will provide financial and other advantages to businesses and residents of the City by providing alternative choices to energy procurement beyond PG&E; and WHEREAS, the Pioneer Amended and Restated Joint Exercise of Powers Agreement requires a prospective member to individually adopt a resolution of intent expressing desire to become a member of the Joint Powers Authority; and
WHEREAS, the City finds that adoption of this resolution is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, as it is not a “project” since it has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Reg. § 15378(a)). Further, the resolution is exempt from CEQA, as there is no possibility that the resolution or its implementation would have a significant effect on the environment. (14 Cal. Code Reg. § 15061 (b)(3)).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEVADA CITY HEREBY RESOLVES AS FOLLOWS:
Section 1. The recitals above are true and correct and are incorporated by this reference and constitute findings in this matter.
Section 2. The City Council of the City of Nevada City hereby expresses its desire to become a member of the Pioneer Community Energy Joint Powers Authority.
Section 3. The City Council of the City of Nevada City requests that the Board of Directors of Pioneer Community Energy approve the City of Nevada City as a member of the Pioneer Community Energy Joint Powers Authority.
Section 4. The City Council of the City of Nevada City approves the Amended and Restated Joint Exercise of Powers Agreement and Amendment No. 5 thereto (attached hereto as Exhibit A and incorporated as if fully set forth herein) and authorizes the Mayor to execute same.
Section 5. The City Council of the City of Nevada City authorizes the City Manager, or designee, to execute other documents necessary or desirable to facilitate membership in Pioneer Community Energy, subject to review and approval by the City Attorney.
PASSED, APPROVED AND ADOPTED at a regularly scheduled meeting of the Nevada City City Council held this ___ day of _______________, 2022 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Doug Fleming, Mayor
ATTEST:
_________________________________________
Niel Locke, City Clerk
AMENDMENT NO. 5 TO THE AMENDED AND RESTATED JOINT EXERCISE
OF POWERS AGREEMENT FOR PIONEER COMMUNITY ENERGY
THIS AMENDMENT (hereafter "Amendment") amends the Amended and Restated Joint Exercise of Powers Agreement (hereafter "Amended and Restated JPA") with the effective date of February 22, 2017 which was by and between the COUNTY OF PLACER, the CITY OF AUBURN, the CITY OF COLFAX, the CITY OF LINCOLN, the TOWN OF LOOMIS, and the CITY OF ROCKLIN, and as executed pursuant to Amendment No. 1 to the Amended and Restated JPA by the COUNTY OF EL DORADO and the CITY OF PLACERVILLE all public entities of the State of California. By this Amendment the City of Nevada City and the City of Grass Valley (collectively, the "New Voting Members") become signatories to the Amended and Restated JPA.
WHEREAS, on September 9, 2015 the COUNTY OF PLACER and the CITY OF COLFAX entered into the original Joint Exercise of Powers Agreement for the purpose of establishing the Sierra Valley Energy Authority as a joint powers authority under the Joint Exercise of Powers Act, Government Code Section 6500, et seq.; and WHEREAS, the Amended and Restated JPA became effective on February 22, 2017 and authorized the Cities of Auburn, Lincoln, Rocklin, and the Town of Loomis to become Voting Members of the Joint Exercise of Powers Agreement and established a Community Choice Aggregation Program within the jurisdictions of the Voting Members; and WHEREAS, Resolution No. 2017-3 of the Sierra Valley Energy Authority approved a name change from Sierra Valley Energy Authority to Pioneer Community Energy, as it is known today; and
WHEREAS, Amendment No. 1 to the Amended and Restated JPA, which was approved by the Governing Board on December 27, 2020 and became effective March 9, 2021, authorized the County of El Dorado and the City of Placerville to become Voting Members; and WHEREAS, the Voting Members wish to amend the Amended and Restated JPA a fifth time to add the City of Nevada City and the City of Grass Valley as Voting Members.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT THE FOLLOWING CHANGES
AND ADDITIONS ARE HEREBY MADE IN THE AMENDED AND RESTATED JOINT POWERS AGREEMENT:
1. Section 5.A shall be replaced by the following:
Section 5. Governance and Internal Organization
A. Governing Board. The governing body of the Authority shall consist of up to a eleven (11) person Board, consisting of two (2) members of the Placer County Board of Supervisors, and one (1) member each appointed by the El Dorado County Board of Supervisors, the Cities of Auburn, Colfax, Grass Valley, Rocklin, Lincoln, Nevada City, Placerville and the Town of Loomis that becomes a signatory to this Agreement ("Board Member").
The Board of Supervisors from Placer County, the Board of Supervisors from El Dorado County, and the City/Town Councils set out above shall respectfully appoint such member(s) and not less than one alternate member. The term of office of each Board Member and respective alternate may be terminated at any time by the appointing Board of Supervisors or City/Town Council. The designated alternate shall have authority to attend, participate, and vote at any meeting of the Board or committee whenever the regular member, for whom they are designated to act as an alternate, is absent from the meeting.
2. Effective Date. This Amendment shall take effect and become operative after the Cities of Grass Valley and Nevada City each approve and sign the Amendment and after the CPUC certifies the Implementation Plan field by Pioneer to include the Cities of Grass Valley and Nevada City.
3. Counterparts. This Amendment may be executed in counterparts and be as valid and binding as if each Member signed the same copy. A faxed or scanned copy of the executed signature page shall be sufficient to cause the terms of this Amendment to become fully operative. The effective date of this Amendment shall be the date it is approved by the Pioneer Board.
4. Except as specifically amended above, all other provisions of the Amended and Restated JPA shall remain in full force and effect.
IN WITNESS WHEREOF, the Voting Members have executed this Amendment No. 5 to the Amended and Restated Joint Powers Agreement for Pioneer Community Energy.
EXECUTED ON
By _____________________________
Chairman, Board of Supervisors
COUNTY OF EL DORADO, a political
subdivision
And approved as to form _________________
ATTEST:
______________________________________
SIGNATURES CONTINUED ON NEXT PAGE
EXECUTED ON
By _____________________________
Chairman, Board of Supervisors
COUNTY OF PLACER, a political
subdivision
And approved as to form _________________
ATTEST:
______________________________________
SIGNATURES CONTINUED ON NEXT PAGE
EXECUTED ON
By _____________________________
Chairman, Board of Supervisors
CITY OF AUBURN, a Municipal Corporation
And approved as to form _________________
ATTEST:
______________________________________
SIGNATURES CONTINUED ON NEXT PAGE
EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF COLFAX, a Municipal Corporation
And approved as to form _________________
ATTEST:
______________________________________
SIGNATURES CONTINUED ON NEXT PAGE
EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF GRASS VALLEY, a Municipal
Corporation
And approved as to form _________________
ATTEST:
______________________________________
SIGNATURES CONTINUED ON NEXT PAGE
EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF LINCOLN, a Municipal Corporation
And approved as to form _________________
ATTEST:
______________________________________
SIGNATURES CONTINUED ON NEXT PAGE
EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF NEVADA CITY, a Municipal
Corporation
And approved as to form _________________
ATTEST:
______________________________________
SIGNATURES CONTINUED ON NEXT PAGE
EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF PLACERVILLE, a Municipal
Corporation
And approved as to form _________________
ATTEST:
______________________________________
SIGNATURES CONTINUED ON NEXT PAGE
EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF ROCKLIN, a Municipal Corporation
And approved as to form _________________
ATTEST:
______________________________________
SIGNATURES CONTINUED ON NEXT PAGE
EXECUTED ON
By _____________________________
Mayor, Town Council
TOWN OF LOOMIS, a Municipal Corporation
And approved as to form _________________
ATTEST:
______________________________________
Nevada City joining
Pioneer Community
Energy
October 26, 2022
Who is Pioneer?
2 • Pioneer is a Joint Powers Authority (not for profit) • Town of Loomis, Cities of Auburn, Colfax, Lincoln, &
Placer County
• El Dorado County & Placerville (Jan 2022)
• ~160,000 customer accounts
• Not a solar company selling distributed generation
systems…we are a government agency with elected
officials on our board and owned by our ratepayers
• Provides electricity, rates and programs consistent
with local community goals
What’s in it for Nevada City?
3 • Choice – First time in history you are giving your
citizens and businesses a choice in their energy
provider
• PG&E still controls the poles and wires but Pioneer provides the electrons that flow on those wires
• Local Control – Nevada City has a say on your energy
future
• Savings – At today’s rates, Nevada City citizens and
businesses would save $184,000 compared to PG&E
per year
Win-Win for JPA & Nevada City
4 Avoid Start-Up Capital
Potential Member avoids receivables
financing and can partake in Pioneer’s
existing infrastructure compared to
spending money building their own
Savings Faster
Potential Member can start
enjoying better rates much
sooner by joining
More Influence
Pioneer and the Potential Member
together can have more influence on
regulatory/legislative issues than each
by itself
Jobs Creation
A better margin allows Pioneer to
invest in local job creating power
supply projects or programs
Power Supply Options
A larger load to serve attracts
options from credit worthy power
suppliers and better pricing.
Rate Stability
Strategically expanding will 1)
improve reserves to weather
events that otherwise would
cause rate shock and 2) pay off
debt
Pioneer JPA Benefits Nevada City Benefits
Dual Benefits + Pioneer
Roadmap
5 December
Addendum
Implementation
Plan submitted
to CPUC 06
September
Pioneer Board
approves
process to have
Nevada City join
JPA
02 October 26th
Resolution & 1st
Reading
03 November 9th
2 nd Reading
04 November 17th
Pioneer Board
amends JPA
05 August
Council
approves Impact
Assessment
Study 01
What happens in 2023?
6 • Early 2023 – Conduct “Town Hall” meeting with Nevada City residents on Pioneer (combine with Grass Valley?)
• March 2023 – CPUC approves Implementation Plan
• Eligible to serve on the Pioneer Board
• July 2023 – Pioneer launches education and outreach
campaign to residents and businesses of Nevada City
• Jan 2024 – Pioneer begins serving Nevada City
7 Solar (Net Energy Metering) customers enroll close to their true up month Auto Enrollment Timeline
November December January February March
True Up Month Jan/Feb March/April May/June July/Aug Sept/Oct Nov/Dec 1 st Notice November January March May July September
Enrollment Month January March May July September December Special Note: Solar customers can enroll before their true-up date by calling Pioneer.
Education & Outreach
8 • Identify Key External Stakeholders
• Host in person community meetings
• Host webinars on a regular basis
• Utilize local radio and newspaper to educate
listeners/readers
• Communicate via social media; such as Facebook,
Nextdoor, Instagram, and LinkedIn
Thank You
9 Mark Riffey, Director, Customer Service
Pioneer Community Energy
916-758-8969
[email protected]
www.pioneercommunityenergy.org
10 Appendix
PIONEER COMMUNITY ENERGY
EXPANSION ANALYSIS OVERVIEW
CITY OF NEVADA CITY
October 3, 2022
Total Eligible Customer Outlook
Classification Accounts
Annual
Energy
(MWh)
Average
Usage
(kWh/Mo.)
Residential 1,579 8,013 423
Com/Ind 659 14,808 1,873
Street Lighting 27 43 133
Total 2,265 22,864 841
Peak Demand
(MW)
17 Expansion to Nevada City customers would represent an approximate 1% increase to Pioneer’s current forecasted retail sales.
Data above are unadjusted for opt-out assumptions.
Customer Load Comparison
Eligible Nevada City customers represent a proportionately smaller residential sector and a larger commercial sector than Pioneer’s current member base.
Sample Generation Rate Comparison
*Analysis reflects 2022 vintage exit fees as a proxy and assumes current Pioneer and PG&E electric generation rates; prospective Nevada City customers that join Pioneer service in January 2024 will be assigned the 2023 vintage exit fees.
Customer Class Annual Savings Estimate* Savings %*
Residential $65,036 6%
Non-Residential $118,432 6%
Total $183,469 6%
Key Assumptions
• Start Date: A January 2024 service commencement is reflected in the current expansion analysis, which aligns with earliest possible enrollment date per CPUC rules
• Customers and Sales: forecast is based on historical PG&E data and assumes 90% customer participation across the customer classes; Street Lighting accounts modelled at full enrollment
• Revenues: assumes that current Pioneer rate levels are maintained throughout the study period
• Incremental Costs: include power supply (per Pioneer portfolio specifications), customer billing, customer noticing, and PG&E service fees
Fiscal Impact Summary ($MM)
*Reflects partial year of service for fiscal year ending June 30, 2024.
Prior to Pioneer expansion, other implementation costs would be incurred. Such costs may be related to marketing and outreach, regulatory and legal representation, internal operations, resource planning and procurement.
FYE 2024* FYE 2025 FYE 2026 FYE 2027 Total
Revenue $1.11 $2.35 $2.36 $2.37 $8.20
Operating Expenses $0.86 $2.18 $2.03 $1.87 $6.93
Net Operating Margin $0.25 $0.17 $0.34 $0.51 $1.27
Electricity Sales (MWh) 10,151 20,629 20,732 20,835 72,346 Fiscal Impact Sensitivity ($MM)
FYE 2024 Reflects partial year of service for fiscal year ending June 30, 2024. • Analysis reflects the
potential for energy market
conditions shifting (+/-) 30%
from baseline levels
• Power costs represent the
majority of fixed costs
Pioneer will incur by
expanding service to new
communities
Conclusions
• Projected fiscal impacts under current base case
assumptions conclude that expansion would yield positive operating margins and reserve contributions
• As seen in recent years, wholesale power market volatility may cause actual outcomes to vary from projections
• Deviations in market conditions could lessen or erase any projected surpluses
Next Steps
• Oct-22 Finalize Implementation Plan Addendum
• Nov-22 Implementation Plan Addendum to Board of Directors for Approval
• Dec-22 Implementation Plan Addendum submission to CPUC • Mar-23 CPUC Approval of Addendum
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: October 26, 2022 Agenda Item No. 08
Subject: Consideration of a Short-Term Business Development and Sustainability Fee Waiver Program in an Amount Not-ToExceed $40,000.
From: Sean Grayson, City Manager
Date: October 20, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Approve the fee waiver and authorize the City Manager to implement the program.
ISSUE STATEMENT AND DISCUSSION:
Through the City’s strategic planning process, a strategic initiative of Business Support was approved by the City Council. As part of the process the City Council requested that programs be considered to assist businesses as they emerge from the impacts of COVID-19 and seek to sustain and expand business.
Similarly, the City Council requested that programs that incentivize new businesses with Nevada City be considered. This action is a business development and sustainability fee waiver program that provides shortterm business support for current challenges while the long-term plan to address the Business Support strategic initiative is developed and implemented.
The proposed program would go into effect October 27, 2022 and end June 30, 2023. The program would be limited to the first $40,000 in approved fee waivers. Businesses would be limited a maximum of $2000 in fee waivers when requesting fee waivers from more than one category. Eligible applicants include existing businesses operating in good standing in Nevada City with a current business license in the City.
Businesses new to Nevada City are eligible applicants to waive payment of business license fee for one year and waive Seaman’s Lodge Rental fees and Special Event fees where applicable. Categories of fees eligible for fee waiver include the following:
• Business License or Home Occupation Permit
• Conditional Use Permit
• Minor Architectural Review: Like for Like Change
• Architectural Review: Non-Residential
• Sign Review
• Encroachment Permit: Parklet or Sidewalk Dining
• Encroachment Fees: Parklet
• In Lieu Parking Fee
• Seaman's Lodge Rental Fee for Business Use
• Special Event Fees for Business Generating Event
No other fees, taxes, past due fees, or fees already paid are eligible for fee waiver under this program.
Example uses of the program include the use of fee waivers to:
• Develop an outdoor dining parklet
• Install a new sign at a business
• Open a new business
• Obtain a conditional use permit for outdoor dining on private property of an existing business • Repaint or remodel an existing business
• Add on to an existing business
• Implement outdoor sidewalk dining
FINANCIAL AND/OR POLICY IMPLICATIONS:
The maximum cost of the program is $40,000. There is no direct cost to the City, the maximum cost would occur in unrealized revenues associated with the waiver of the fees.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: October 26, 2022 Agenda Item No. 09
Subject: Consideration of Resolution 2022-65: A Resolution of the City of Nevada City Approving a Memorandum of
Understanding Between the County of Nevada and the City of Nevada City for Wildfire Prevention, Emergency Services, and Disaster Readiness Programs and Projects.
From: Sean Grayson, City Manager
Date: October 20, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Adopt the resolution.
ISSUE STATEMENT AND DISCUSSION:
The Nevada County Board of Supervisors took action to place a sales tax measure on the November 8, 2022 ballot to provide funding for Wildfire Prevention, Emergency Services, and Disaster Readiness. The measure is on the ballot as Measure V. The City has participated in the County’s process to develop Measure V including multiple CEO Roundtable meetings which resulted in the development of the measure.
Measure Overview:
Based on the principle of shared services, the measure envisions a commitment to coordination and collaboration with countywide partners. This would include convening partners for necessary all-hazards planning; advocating and seeking federal state, and regional funding; contributing matching funds to support prioritized projects and programs; and providing coordinated public outreach/education and PIO communications.
Eligible projects and programs with shared benefits in each category may include, but are not limited to, the following:
Planning, Preparedness, and Prevention includes required Countywide, municipal, and regional emergency plan development with regular updates to guide evacuation and all-hazards programs and projects; public education and outreach to residents and visitors to foster self-reliance, emergency preparedness, and evacuation planning; support for Firewise communities and neighborhoods; coordinated outreach to reduce wildfire risk by navigating unhoused people to shelter and services; and training and advocacy.
Mitigation includes Countywide and local hazardous vegetation reduction projects using sciencebased treatment and maintenance best practices to remove flammable brush and other fuels along roads, around municipalities and residential communities, near critical infrastructure, in recreation areas and open spaces with trails, parks, and camping areas; public safety capital improvements and infrastructure projects such as public safety buildings, fire suppression and water storage systems, and heavy equipment; green waste disposal facilities and programs; evacuation safety route improvements such as removing fuels and constructing turnouts, roadway/shoulder widening, signage, etc.; defensible space and home hardening programs including education, enforcement, and abatement; and grants for neighborhood projects and programs such as expanded chipping programs and training programs, and financial assistance to low-income seniors, people with disabilities, and other residents with access and functional needs.
Response includes support for wildfire prevention and response capabilities but not fire suppression; emergency services communications capabilities including early warning and alert systems; sheltering support and capability improvements for people and animals/livestock; and first responder evacuation logistics support, tools, and training.
Recovery includes recovery coordination; case management to help those impacted by disasters; a recovery fund to address survivors’ immediate needs; and a cleanup/debris management program to support rebuilding efforts.
Citizens Oversight Committee (COC):
To ensure accountability and transparency, the Board of Supervisors will appoint a Citizens Oversight Committee. The committee would consist of seven members including one appointed by each Board member from their district and two at-large members selected by the entire Board.
The COC’s roles and responsibilities would include reporting annually to the Board of Supervisors and public on the receipt and expenditures of Measure revenue, reviewing revenue and expenditures for conformity to the text of the Measure, and reporting any inconsistencies. The COC would not weigh in on spending priorities nor direct staff or officials.
Technical Advisory Committee (TAC):
The County would create a Technical Advisory Committee (TAC) to recommend funding priorities as part of the County’s annual budget cycle and be staffed by the Office of Emergency Services, and subject to final approval by the Board of Supervisors.
The TAC would have both an Eastern and a Western County component, which would meet jointly and separately. The western TAC (WTAC) membership will include a seat for the City Manager of Nevada City or their designee.
The WTAC membership would be comprised of multi-disciplinary subject matter experts (e.g., first responders, firefighters, law enforcement, conservation, social services, etc.). The WTAC’s recommendations would be based on expertise, adherence to approved plans, and commitment to cooperation and collaboration. The City may submit recommendations or requests to the WTAC for the expenditure of funds as the WTAC develops its annual expenditure recommendations.
Funding:
If Measure V is approved by voters in the November 8, 2022, General Election, funds would come from a one-half percent transaction and use tax (commonly referred to as a sales tax).
Twelve million dollars is estimated to be generated annually for ten years through the sales tax to provide critical resources needed to save lives, reduce the threat of wildfires, and improve all-hazards disaster readiness and evacuation safety, and other general government services.
The purpose of the proposed Memorandum of Understanding (MOU) would be to memorialize funding commitments to support programs and projects serving City residents. The calculation would be based on an aggregate value that includes direct financial allocations to the City, direct benefits delivered and/or based in the City and its sphere of influence, and indirect benefits from shared services.
The MOU would memorialize the County’s investment of four-point-seventeen percent (4.17%) of the value of annual Measure revenues (or approximately $500,000 based on estimated total revenue of $12 Million) held within the General Fund on programs and projects that directly benefit the City and its sphere of influence.
The methodology by which this allocation shall be achieved is described below:
The County will pay three-point-one percent (3.1%) of Measure revenue (or $372,000 based on estimated total revenue of $12 Million) to the City to be spent on programs and projects that fall into the categories of preparedness, mitigation, response, and recovery, and are in alignment with approved local or regional plans and/or County plans such as the Community Wildfire Preparedness Plan, Local Hazard Mitigation Plan, evacuation plans, etc.
These funds may be used to, without limitation, provide prevention and mitigation services such as fuels reduction on public properties and roadways (such as those of the City, County, schools, airport, special districts, and critical infrastructure), implement defensible space programs, and other eligible uses within City limits and/or its sphere of influence.
The County will spend one-point-zero-seven (1.07%) percent of Measure revenue (or $128,000 based on estimated total revenue of $12 Million) on programs, services and/or projects that are delivered and located in the City and/or its sphere of influence, as well as indirect programs and services such as but not limited to Countywide planning, emergency communications, outreach and education programs, etc.
The allocation for the City and its sphere of influence shall require citizen oversight, mandatory financial audits, and reports to the public consistent with practices for the rest of the fund.
Implementation:
The City will develop an implementation plan to effectuate the use of the funds for their intended purpose. Should Measure V pass the funds will not be available until the fourth quarter of fiscal year 2022/23. The following is a general overview of City priorities in the categories of Planning, Mitigation, Response, Recovery that are aligned with local and regional plans and coordinated with project development, grant writing, and advocacy:
Planning, Preparedness, and Prevention:
• Maintain an all-hazards emergency preparedness webpage on the City’s website including access to city-specific and countywide resources.
• Conduct annual mailers and social media outreach with regard to pre-fire season defensible space inspections and fuels reduction.
• Conduct annual “driving drill” for evacuation routes within the City and adjoining areas. • Support Firewise communities that overlap or are adjacent to the City through the Nevada City Fire Safety Advisory Committee.
Mitigation:
• Conduct annual defensible space inspections of all parcels within the City. Coordinate adjoining area inspections in Year 2. Provide education and enforcement to ensure appropriate abatement. • Create a fuels mitigation program for the protection of critical infrastructure in and around the City in Year 1 and implement abatement in Year 2.
• Perform annual fuels abatement of City owned properties and along roadways based upon established time intervals.
• Implement a community-based large scale green waste dumpster collection rotation to account for winter and summer fuels challenges in Year 2.
• Maintain existing community chipping program and expand to rotating scheduled events throughout the City. Add surrounding county areas in year 2.
Response:
• Seek partnership and grants to outfit specified buildings for smoke shelter purposes. • Partner for expanded law enforcement and non-sworn response training for disasters.
Recovery:
• Establish a Nevada City recovery fund to address survivors’ immediate needs to include a cleanup/debris management program to support rebuilding efforts. The fund would be for City needs but may be used to complement regional recovery funds where needed.
The Nevada County Board of Supervisors has the MOU on their October 25, 2022 agenda for adoption by resolution. By adopting the City resolution the City Council will approve the MOU. Should Measure V pass staff will implement the MOU in 2023.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Should Measure V pass the revenues identified in the MOU will come to the City in quarterly installments.
The funds will be for new programs within the identified project areas.
ENVIRONMENTAL CONSIDERATIONS:
The adoption of the Resolution does not constitute a project and is therefore exempt from the requirements of CEQA in accordance with Section 15378(b)(4) and (5).
ATTACHMENTS:
Resolution 2022-65
Memorandum of Understanding Between the County of Nevada and Nevada City RESOLUTION NO. 2022-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY
OF NEVADA AND THE CITY OF NEVADA CITY FOR WILDFIRE PREVENTION,
EMERGENCY SERVICES, AND DISASTER READINESS PROGRAMS AND
PROJECTS
WHEREAS, on August 9, 2022, the Nevada County (County) Board of Supervisors placed Measure V, the “Nevada County Wildfire Prevention, Emergency Services and Disaster Readiness Sales and Use Tax,” (“Measure”) on the November 8, 2022, General Election ballot; and
WHEREAS, the Measure is a ½ cent Countywide general sales tax to provide critical resources needed to save lives, reduce the threat of wildfires, improve all-hazards disaster readiness and evacuation safety, and for general government use; and WHEREAS, the City of Nevada City (the “City”) and the County wish to enter into a Memorandum of Understanding (“MOU”) to memorialize funding commitments to support preparedness, mitigation, response, and recovery programs serving their residents, subject to voter approval of the Measure; and
WHEREAS, the MOU details the County’s payment of 4.17% of the Measure’s total annual revenue from the General Fund to the City, as well as the County’s commitment to spend
1.07% of the Measure’s total annual revenue from the General Fund within the City and its sphere of influence, for programs and projects that fall into the categories of preparedness, mitigation, response, and recovery as further detailed in the MOU; and WHEREAS, the MOU details the roles and responsibilities of the Technical Advisory Committee and the Citizens Oversight Committee; and that in order to provide oversight and transparency, these allocations for the City and its sphere of influence require citizen oversight, mandatory financial audits, and reports to the public consistent with practices for the rest of the fund; and
NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Nevada City hereby approves the MOU on behalf of the City and authorizes the Mayor to execute the MOU upon approval by the County.
PASSED AND ADOPTED at the regularly scheduled meeting of the Nevada City, City Council held on the 26th day of October, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____
Doug Fleming, Mayor
ATTEST:
Niel Locke, City Clerk
Page | 1
MEMORANDUM OF UNDERSTANDING
BETWEEN THE COUNTY OF NEVADA AND THE CITY OF NEVADA CITY
FOR WILDFIRE PREVENTION, EMERGENCY SERVICES AND DISASTER
READINESS PROGRAMS AND PROJECTS
THIS MEMORANDUM OF UNDERSTANDING, hereinafter referred to as "MOU," is made and entered into by and between the County of Nevada, hereinafter referred to as "COUNTY," and the City of Nevada City, hereinafter referred to as “CITY,” collectively, the “PARTIES” and shall be effective when signed by all the Parties (“Effective Date”).
Recitals:
WHEREAS, in January of 2022, the COUNTY Board of Supervisors reaffirmed "Emergency Preparedness" as a priority objective; and
WHEREAS, on August 9, 2022, the Board of Supervisors placed Measure V, the “Nevada County Wildfire Prevention, Emergency Services and Disaster Readiness Sales and Use Tax,” (“Measure”) on the November 8, 2022, General Election ballot; and WHEREAS, the Measure is a ½ percent Countywide general sales tax to provide critical resources needed to save lives, reduce the threat of wildfires, and improve allhazards disaster readiness and evacuation safety, and other general government services; and
WHEREAS, the PARTIES wish to memorialize funding commitments to support preparedness, mitigation, response, and recovery programs serving the residents of the CITY, subject to voter approval of the measure; and
WHEREAS, the PARTIES intend to collaborate and work cooperatively to deliver projects and services to be funded by the Measure.
NOW, THEREFORE, in consideration of the mutual benefits to be derived by the PARTIES, and of the promises contained in this MOU, the PARTIES agree as follows:
Section 1. RECITALS. The recitals set forth above are incorporated into this MOU.
Section 2. PURPOSE. The purpose of this MOU is to set forth the obligations and responsibilities of each PARTY with respect to funding commitments for the proposed Measure held within the General Fund.
Page | 2
Section 3. COOPERATION. The PARTIES shall fully cooperate with one another to attain the purposes of this MOU.
Section 4. TERM. This MOU shall become effective to each PARTY on the date that PARTY signs this MOU, and upon passage of the Measure, on the Operative Date of the Ordinance, and shall remain in effect while the Measure remains in effect and until the City of Nevada City has received final payment of its share of its proceeds under this MOU, unless earlier terminated as set forth in Section 11, below.
Section 5. PLAN SCOPE.
a. The plan anticipates direct allocations to the CITY and other eligible entities, to support fuels reduction, defensible space programs, and other eligible uses in the categories of preparedness, mitigation, response, and recovery as described in Section 5.c. below.
b. The County has set target allocations of 10% for planning/preparedness/prevention, 65% for mitigation, 20% for response, and 5% for recovery. CITY shall consider these target allocations but shall have no obligation to expend any funds provided hereunder in accordance with the target allocations.
c. Eligible projects and programs in each category may include, but are not limited to, the following:
Planning, Preparedness, and Prevention includes required Countywide, municipal, and regional emergency plan development with regular updates to guide evacuation and all-hazards programs and projects; public education and outreach to residents and visitors to foster self-reliance, emergency preparedness, and evacuation planning; support for Firewise communities and neighborhoods; coordinated outreach to reduce wildfire risk by navigating unhoused people to shelter and services; and training and advocacy.
Mitigation includes Countywide and local hazardous vegetation reduction projects using science-based treatment and maintenance best practices to remove flammable brush and other fuels along roads, around municipalities and residential communities, near critical infrastructure, in recreation areas and open spaces with trails, parks, and camping areas; public safety capital improvements and infrastructure projects such as public safety buildings, fire suppression and water storage systems, and heavy equipment; green waste disposal facilities and Page | 3
programs; evacuation safety route improvements such as removing fuels removal and constructing turnouts, roadway/shoulder widening, signage, etc.; defensible space and home hardening programs including education, enforcement, and abatement; and grants for neighborhood projects and programs such as expanded chipping programs and training programs, and financial assistance to low-income seniors, people with disabilities, and other residents with access and functional needs.
Response includes support for wildfire prevention and response capabilities but not wildfire suppression; emergency services communications capabilities including early warning and alert systems; sheltering support and capability improvements for people and animals/livestock; and first responder evacuation logistics support, tools, and training.
Recovery includes recovery coordination; case management to help those impacted by disasters; a recovery fund to address survivors’ immediate needs; and a cleanup/debris management program to support rebuilding efforts.
In addition, and based on the principle of shared services, this MOU reflects a commitment to coordination and collaboration with Countywide partners. This includes convening partners for necessary all-hazards planning; advocating and seeking federal state, and regional funding; considering the contribution of matching funds to support prioritized projects and programs; and providing coordinated public outreach/education and PIO communications.
Section 6. TECHNICAL ADVISORY COMMITTEE.
a. The COUNTY will establish separate eastern and western Technical Advisory Committees (TAC) comprised of multi-disciplinary subject matter experts staffed by the County Office of Emergency Services (OES), which will recommend funding priorities, subject to approval by the Board of Supervisors, as part of the COUNTY’S annual budget cycle. The western TAC (WTAC) may meet jointly or separately with the eastern TAC.
b. WTAC recommendations will be based on expertise, adherence to approved countywide, regional, or local plans, tactical needs arising from emergencies, and a commitment to cooperation and collaboration.
c. WTAC membership will include one seat for the City Manager or their designee. d. The CITY may submit recommendations or requests to the WTAC for the expenditure of funds as the WTAC develops its annual expenditure Page | 4
recommendations.
e. CITY shall consider recommendations of WTAC but shall have no obligation to expend any funds provided hereunder in accordance with those recommendations.
Section 7. CITIZENS OVERSIGHT COMMITTEE.
a. The Board of Supervisors will appoint a Citizens Oversight Committee (COC). The COC’s roles and responsibilities shall include reporting annually to the Board of Supervisors and public on the receipt and expenditures of Measure revenue, reviewing revenue and expenditures for conformity to the text of the Measure, and reporting any inconsistencies.
b. The COC will neither evaluate spending priorities nor direct public agency staff or officials.
c. The COC shall consist of seven members, one appointed by each of the five COUNTY Supervisors, and two to be selected by the full Board. d. TAX proceeds will be subject to the Annual Comprehensive Financial Report (audit) performed annually by an independent auditor.
Section 8. CITY OF NEVADA CITY FUNDING.
a. The COUNTY will invest four-point-seventeen percent (4.17%) of the Measure revenue held within the General Fund (or approximately $500,000 based on estimated total revenue of $12 Million) on programs and projects that directly benefit the City of Nevada City and its sphere of influence. b. Of the 4.17%, the COUNTY will pay three-point-one percent (3.1%) of Measure revenue (or $372,000 based on estimated total revenue of $12 Million) to the CITY for programs and projects within the CITY and its sphere of influence to be used in compliance with the following:
i. These programs and projects will fall into the categories of “Preparedness, Mitigation, Response, and Recovery” as described in 5.c., and will be in alignment with approved local or regional plans and/or COUNTY plans such as the Community Wildfire Preparedness Plan, Local Hazard Mitigation Plan, evacuation plans, etc.
ii. These funds may be used to, without limitation, provide prevention and mitigation services such as fuels reduction on public properties and roadways (including those of the CITY, COUNTY, schools, airport, special districts, and critical infrastructure) within the CITY and its sphere of influence. iii. These moneys shall be used to enhance and not to supplant current CITY service delivery levels set for Fiscal Year 2022/23, and shall be used for Page | 5
eligible programs, services and/or projects. Costs allocated to this MOU will be reasonable within accepted allocation practices (for example, 2 CFR Part 200). This subparagraph shall not be construed to limit CITY’s ability to amend its Fiscal Year 2022/23 budget in response to changes in CITY’s financial condition or other circumstances.
iv. Payments shall be in four (4) quarterly installments. Payments will be made within thirty (30) days following the end of the quarter. v. At its discretion, CITY may enter in to separate Memoranda of Understanding or contracts with other parties in order to facilitate the implementation of programs, services and/or projects to be funded by this direct allocation and in accordance with the terms of this MOU. c. Of the 4.17%, the COUNTY will spend one-point-zero-seven (1.07%) percent of Measure revenue (or $128,000 based on estimated total revenue of $12 Million) on programs, services and/or projects, that are delivered and located in the CITY and its sphere of influence, as well as for shared programs and services such as but not limited to Countywide planning, emergency communications, outreach and education programs, etc.
i. The COUNTY shall not spend more than 5% of this amount on program management.
ii. The COUNTY shall not fund shared programs or services from this allocation beyond the proportionate share of benefit to be received by CITY and its sphere of influence from such programs, services and/or projects. iii. The projects and programs for this 1.07 percent of Measure revenue shall be developed by the City in coordination with the WTAC pursuant to Section 6 herein, and implemented by the City, County and/or other eligible entity. iv. These funds may also be used to provide local match on state and federal grants, provided that COUNTY shall not fund the local match for any state or federal grant to be used for countywide programs or services from the allocation beyond the proportionate share of benefit to be received by the CITY and its sphere of influence from such programs, services and/or projects.
v. These projects, services and programs will be developed by the WTAC, subject to Board approval.
d. Unspent funds annually and at the end of the Measure’s term shall remain allocated to the CITY and its sphere of influence for eligible projects and programs. e. The CITY agrees to publicly acknowledge projects and programs funded by the Measure in coordination with the COUNTY. For example, large-scale visible Page | 6
projects may be recognized with an onsite sign, while programs may be acknowledged in printed and online communications with the “Ready Nevada County Measure V” brand to be developed.
Section 9. JOINT OBLIGATIONS.
a. Collaboration. The PARTIES will collaborate to provide additional resources to the CITY, especially by seeking state and federal funding. Whenever possible, Measure revenue shall be leveraged to provide matching funds to state and federal grants in proportion to the benefit to be received by the CITY from the programs, services and/or projects to be funded by such grants.
b. Documentation. The PARTIES will make a good faith effort to cooperate with one another to achieve the purposes of this MOU by providing all requested information and documentation in their possession or otherwise available for release deemed necessary to comply with the terms of a grant or to complete an approved project, or as requested by the Citizens Oversight Committee, or as requested by the COUNTY during the annual audit process.
c. Records. Each PARTY will retain all records and documents in its possession pertaining to the MOU for a period of three years following termination or expiration of this MOU.
d. COUNTY shall establish accounting structures within the general fund that allow for the tracking of expenditures and reporting them annually to the COC. e. CITY will provide expenditure reports to the COUNTY with a mid-year report (expenditures through December 31st) due February 28th and a final year-end report due August 31st.
Section 10. INDEMNIFICATION
a. Each PARTY shall indemnify, defend, and hold harmless each other PARTY, including its elected and appointed officers, employees, agents, attorneys, and designated volunteers from and against any and all liability, including, but not limited to demands, claims, actions, fees, costs, and expenses (including reasonable and actual attorney's and expert witness fees), arising from or connected with the indemnifying PARTY’s acts arising from or related to this MOU; provided, however, that no PARTY shall indemnify another PARTY for the indemnified PARTY'S own negligence or willful misconduct.
b. In light of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement (as defined in Section 895 of said Page | 7
Code), each of the PARTIES hereto, pursuant to Sections 895.4 and 895.6 of that Code, shall assume the full liability imposed upon it or any of its officers, agents, or employees by law for injury caused by any act or omission occurring in the performance of this MOU to the same extent such liability would be imposed in the absence of Section 895.2 of that Code. To this end, each PARTY shall indemnify, defend, and holds harmless each other PARTY for any liability, cost, or expense that may be imposed upon such other PARTY solely by virtue of Government Code Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part of this MOU as if incorporated herein.
c. Notwithstanding the foregoing provisions of this Section 10, COUNTY shall defend at its sole cost any challenge to the validity of the Measure. d. This indemnification clause shall survive the termination of the MOU.
Section 11. TERMINATION OR AMENDMENT
a. This MOU may be terminated by either PARTY following a default, notice of that default, and a failure to cure. A default is the failure of either PARTY to comply with any of its obligations under this MOU. Notice of default is written notice to the defaulting party specifying the nature of the alleged default. Failure to cure is the failure to remedy the alleged default within 30 days, unless the default requires more than 30 days to cure, in which case the defaulting party must immediately commence to remedy the default and thereafter diligently proceed until the default is remedied.
b. If the Measure is repealed, this MOU shall terminate without further action of the PARTIES, upon the receipt and distribution of the final Measure revenues in accordance with this MOU.
c. This MOU may be terminated at any time by either PARTY upon four-fifths vote of that PARTY’S governing body.
d. This MOU may be amended at any time upon the mutual agreement of the PARTIES.
Section 12. GENERAL PROVISIONS
a. NOTICES. Any notices, requests, or other communication required or permitted hereunder shall be in writing and shall be delivered to the representatives of the PARTIES at the addresses set forth below. The PARTIES shall promptly notify each other of any change of contact information. Written notice shall include notice delivered via e-mail. A notice shall be deemed to have been received on (a) the date of delivery, if delivered by hand during regular business hours, or by an Page | 8
acknowledged e-mail; or (b) on the third (3rd) business day following mailing by registered or certified mail (return receipt requested).
City of Nevada City
Sean Grayson, City Manager
[email protected]
317 Broad St.
Nevada City, CA 95959
(530) 265-2496
County of Nevada
Alison Lehman, CEO
[email protected]
950 Maidu Avenue
Nevada City, CA 95959
(530) 265-1290
b. RELATIONSHIP OF THE PARTIES. The PARTIES are, and shall at all times remain as to each other, wholly independent entities. No PARTY to this MOU shall have power to incur any debt, obligation, or liability on behalf of any other PARTY. No employee, agent, or officer of a PARTY shall be deemed for any purpose whatsoever to be an agent, employee, or officer of another PARTY.
c. BINDING EFFECT; NO THIRD PARTY BENEFICIARIES. This MOU shall be binding upon and shall be to the benefit of the respective successors, heirs, and permitted assigns of each PARTY; provided, however, no PARTY may assign its respective rights or obligations under this MOU without prior written consent of the other PARTY. The PARTIES hereby disclaim intent to benefit third parties or to allow any person other than PARTY to enforce or benefit from this MOU. d. SEVERABILITY. If any provision of this MOU is determined by any court to be invalid, illegal, or unenforceable to any extent, then the remainder of this MOU will not be affected, and this MOU will be construed as if the invalid, illegal, or unenforceable provision had never been contained in this MOU. e. ENTIRE AGREEMENT. This MOU constitutes the entire agreement of the PARTIES with respect to the subject matter hereof.
f. WAIVER. Waiver by either PARTY to this MOU of any term, condition, or covenant of this MOU shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any PARTY of any breach of the provisions of this MOU shall not Page | 9
constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOU.
g. COUNTERPARTS; ELECTRONIC SIGNATURES. This MOU may be executed in counterparts, each of which shall be an original, but all of which taken together shall constitute one and the same instrument, provided, however, that such counterpart shall have been delivered to the other PARTY or PARTIES to this MOU. Signatures may be given by emailed pdf or other electronic means with the same force as original, wet signatures.
h. CONSTRUCTION. Both PARTIES have been represented by counsel in the preparation and negotiation of this MOU. Accordingly, this MOU shall be construed according to its fair language. Any ambiguities shall be resolved in a collaborative manner by the PARTIES and shall be rectified by amending this MOU as described in Section 11.
IN WITNESS WHEREOF, the PARTIES hereto have caused this MOU to be executed by their duly authorized representatives and affixed as of the date of signature of the PARTIES:
City of Nevada City
By:
County of Nevada
By:
Signature Signature
Printed: Printed:
Title: Title:
Date: Date:
Attest:
By:
Attest:
By:
Town Clerk Clerk of the Board
Date: Date:
Page | 10
Approved as to form:
By:
Dean Pucci
City Attorney, City of Nevada City
Date:
Approved as to form:
By:
Katharine L. Elliott
County Counsel, County of Nevada
Date:
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: October 26, 2022 Agenda Item No. 10
Subject: Consideration of Award of Contract with Hansen Bros. Enterprises in an Amount Not-To-Exceed $151,477
for Concrete Walk Gutter and Stairs at Various Locations; Authorize a Project Contingency of 10%, Not-To-Exceed
$15,147; and Authorize the City Manager to Execute any
Contracts or Related Documents
From: Bryan McAlister, City Engineer
Date: October 20, 2022
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Award the contract, authorize the contingency, and authorize the City Manager to execute related documents.
ISSUE STATEMENT AND DISCUSSION:
City Engineering and Public Works staff identified areas where concrete improvements are needed to replace broken or dilapidated sections of public sidewalks, gutter and stairs. Public Works Street projects are prioritized for capital improvements based on condition of the facility, public safety and return on investment / cost savings for maintenance.
This project consists of replacement of the wooden stairs between Tribulation Trail and Jordan Street with new concrete stairs and railing; replacement of gutter on Argall at the entrance to California Organics and sidewalk replacement at various locations including Washington, Nimrod and Sacramento Street.
Request for bids was advertised on October 6, 2022 and bids were received on October 20, 2022 from local contractors, as follows:
C&D Contractors Inc., Nevada City CA $629,140
Hansen Bros. Enterprises, Grass Valley CA $151,477
Baldoni Construction Service Inc., Newcastle CA $182,500 Hyatt Contracting, Marysville CA $208,102
Hansen Bros. Enterprises was selected as the lowest responsive and responsible bidder.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The Concrete Walk Gutter and Stairs at Various Locations project will be funded as authorized by fiscal year 2022/2023 by Measure M funds for street improvements.
ENVIRONMENTAL CONSIDERATIONS:
None
ATTACHMENTS:
Contract for Concrete Walk Gutter and Stairs at Various Locations