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Nevada City City Council
October 26, 2022

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Minutes
Meeting
October 26, 2022
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Nevada City City Council
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Text extracted from the city's file for reading and search. Open the original on www.nevadacityca.gov. That file is the official record.

CITY OF NEVADA CITY

ACTION MINUTES
REGULAR CITY COUNCIL MEETING OF OCTOBER 26, 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)

PRESENTATIONS
Proclamation: Military Appreciation Week November 5-13, 2022 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 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
1 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
Item 4 pulled by Councilmember Ceci
Action: Motion by Kline, Seconded by Fernandez to approve items 1-3 and 5-6.

Approved 5-0 Roll call vote ayes; Fleming, Fernàndez, Petersen, Kline and Ceci Action item 4: Motion by Petersen, seconded by Fernandez to approve item 4 Approved 3-2 Roll call vote ayes; Fleming, Fernàndez, Petersen noes; Kline and Ceci

PUBLIC HEARING

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
Action Ordinance: Motion by Petersen, seconded by Fernàndez to 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
Approved 5-0, - Roll call votes ayes; Fleming, Fernàndez, Petersen, Kline and Ceci Action Resolution: Motion by Fernàndez, seconded by Kline 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 2 Approved 5-0, - Roll call votes ayes; Fleming, Fernandez, Petersen, Kline and Ceci

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
Action: Motion by Kline, seconded by Ceci to Approve the fee waiver and authorize the City Manager to implement the program
Approved 5-0, - Roll call votes ayes; Fleming, Fernàndez, Petersen, Kline and Ceci

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
Action: Motion by Kline, seconded by Ceci to approve 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 Approved 5-0, - Roll call votes ayes; Fleming, Fernàndez, Petersen, Kline and Ceci

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
Action: Motion by Petersen, seconded by Petersen to 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
Approved 4-1, - Roll call votes ayes; Fleming, Fernàndez, Petersen and Kline noes; Ceci CITY MANAGER AND COUNCILMEMBER REPORTS: Verbal report provided ADJOURNMENT: 8:33 PM
AYES: Fleming, Fernàndez, Petersen, Kline and Ceci
NOES:

ABSTAIN:

ABSENT: dits
ATTEST:

Vil Jocke
Niel Locke, City Clerk
3

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