Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY November 9, 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: National Hospice and Palliative Care Month Proclamation: Nevada County Food and Toy Run Day
Proclamation: The Place on South Pine Street Grand Opening and Ribbon Cutting 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 26, 2022 Regular Meeting
Recommended Action: Review and approve the minutes
2. Accounts Payable – October 2022
Recommended Action: Receive and file the report
3. Police Activity Report October 2022
Recommended Action: Receive and file the report
4. Building Activity Report October 2022
Recommended Action: Receive and file the report
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 Award of Contract with First Serve Productions Inc. in an Amount Not-To-Exceed $27,120 for Tennis Court Resurfacing; Authorize a Project Contingency of 10%, Not-To-Exceed $2,712; 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
7. Second Reading and Consideration of Adoption 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
Recommended Action: Hold second reading and adopt the ordinance
BUSINESS
8. Consideration of Resolution 2022-67: A Resolution of the City Council of the City of Nevada City Adopting the City of Nevada City 2022-2027 Strategic Plan Recommended Action: Receive a report and adopt the resolution
9. Consideration of Resolution 2022-68: A Resolution of the City Council of the City of Nevada City Adopting the City of Nevada City 2023 Legislative Platform and Authorizing the Mayor and City Manager to Have Signature Authority for Letters of Advocacy
Recommended Action: Receive a report and adopt the resolution
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 November 9, 2022 Regular Meeting of the Nevada City City Council was posted November 4, 2022 at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed November 4, 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 November 9, 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: National Hospice and Palliative Care Month Proclamation: Nevada County Food and Toy Run Day
Proclamation: The Place on South Pine Street Grand Opening and Ribbon Cutting 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 26, 2022 Regular Meeting
Recommended Action: Review and approve the minutes
2. Accounts Payable – October 2022
Recommended Action: Receive and file the report
3. Police Activity Report October 2022
Recommended Action: Receive and file the report
4. Building Activity Report October 2022
Recommended Action: Receive and file the report
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 Award of Contract with First Serve Productions Inc. in an Amount Not-To-Exceed $27,120 for Tennis Court Resurfacing; Authorize a Project Contingency of 10%, Not-To-Exceed $2,712; 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
7. Second Reading and Consideration of Adoption 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
Recommended Action: Hold second reading and adopt the ordinance
BUSINESS
8. Consideration of Resolution 2022-67: A Resolution of the City Council of the City of Nevada City Adopting the City of Nevada City 2022-2027 Strategic Plan Recommended Action: Receive a report and adopt the resolution
9. Consideration of Resolution 2022-68: A Resolution of the City Council of the City of Nevada City Adopting the City of Nevada City 2023 Legislative Platform and Authorizing the Mayor and City Manager to Have Signature Authority for Letters of Advocacy
Recommended Action: Receive a report and adopt the resolution
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 November 9, 2022 Regular Meeting of the Nevada City City Council was posted November 4, 2022 at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed November 4, 2022 at Nevada City, California
____________________________________________________________ Gabrielle Christakes, Deputy City Clerk
National Hospice and Palliative Care Month – November 2022
PROCLAMATION
WHEREAS, at the center of hospice and palliative care is the belief that each of us has the right to live and die pain-free and with dignity, and that our families will receive the necessary support to allow us to do so; and
WHEREAS, hospice and palliative care is a specialized form of healthcare for people with serious and lifelimiting illnesses. Provided by an interdisciplinary team of physicians, nurses, social workers, pharmacists, allied therapists, psychological and spiritual counselors, and trained community volunteers, hospice and palliative care is person-centered, individualized treatment to accommodate the needs and wishes of a patient and their family; and
WHEREAS, the Medicare Hospice Benefit was signed into law in 1982, and now almost 1.5 million Americans are served by hospice annually. Hospices operate in all 50 states, and there are over 4,500 Medicare-certified hospices nationwide; and
WHEREAS, perhaps most importantly, hospice care is available to all Medicare Beneficiaries in their homes or place of residence, and provides care not only for the patient, but also for their families during the illness and after, helping them cope with the grief of losing a loved one; and WHEREAS, there remains a great need to increase public awareness about the benefits of hospice and palliative care, and to assure access to all Americans regardless of their diagnosis, prognosis, or place of residence; and
WHEREAS, during this National Hospice and Palliative Care Month, the National Hospice and Palliative Care Organization urges all Americans to not only explore the benefits of hospice and palliative care for themselves and their families, but also to salute the important work that hospice and palliative care providers and volunteers do to protect the dignity of human life, support the courageous caregivers, and help grieving Americans cope with the loss of a loved one; and NOW, THEREFORE, be it resolved that the City Council of the City of Nevada City does proclaim November 2022 as National Hospice and Palliative Care Month.
Dated this 9th day of November 2022
______________________________________
Doug Fleming
Mayor
Nevada County Food and Toy Run Day 2022
PROCLAMATION
WHEREAS, the Nevada County Food and Toy Run Day celebrates its 31st year of bringing motorcyclists to the Gold Country on Saturday, December 10th 2022; and
WHEREAS, the Nevada County Food and Toy Run is a community event benefiting Head Start and local families in need. This year’s event will be making sure 400 families have a Christmas with food and toys; and
WHEREAS, on that day, we’ll see 1,500 to 2,000 participants on motorcycles being escorted from the Eric Rood Administration Building at the Government Center, through Nevada City, Grass Valley and ending at the Nevada County Fairgrounds, with thousands of spectators lining the route with a continual stream of motorcycles for over forty-five minutes; and
WHEREAS, Whereas, the Nevada County Food and Toy Run was the first Toy Run to have the families there so the motorcyclists could watch their toys being picked up by the children; and WHEREAS, the Nevada County Food and Toy Run has gained the trust and support of the City of Nevada City and the County of Nevada and all branches of local law enforcement as they join in cooperation with the Toy Run organizers to make this a well-executed event; and WHEREAS, since its inception in 1991, the Nevada County Food and Toy Run has gained the reputation as the safest Toy Run in Northern California, and one that has never been postponed or canceled; and WHEREAS, the Nevada County Food and Toy Run Board of Directors, Eric Oliver CEO, Chelci Buehler CFO and Shannon Buehler Vice President, in collaboration with Interfaith Food Ministries, The Nevada County Food Bank, and Head Start, working together with many local stores and volunteers, will make many families holidays brighter by having this wonderful annual event; we thank them for their efforts and dedication to our community;
NOW, THEREFORE, be it resolved that the City Council of the City of Nevada City, California herby proclaims Saturday, December 10th, 2022 as Nevada County Food and Toy Run Day.
BE IT FURTHER RESOLVED, that the entire community is encouraged to ride a motorcycle or grab a chair and find a favorite viewing area and line the streets of Nevada City as the motorcycles begin the ride to show support for this event.
Dated this 9th day of November 2022
______________________________________
Doug Fleming
Mayor
Honoring the Grand Opening and Ribbon Cutting of The Place on South Pine
PROCLAMATION
WHEREAS, business initiation, development, growth and expansion are important threads that bind strong communities, and The Place on South Pine is open for business at 110 South Pine Street; and WHEREAS, The Place on South Pine, under its new name and ownership, continues the long tradition of a restaurant presence at the location in the historic downtown; and WHEREAS, Sabrina and Bryan McConnell are the owners of the building and the business The Place on South Pine; and
WHEREAS, the McConnell’s stated, “Let's start by prefacing that we didn't choose Nevada City; Nevada City chose us. The idea of The Place began as a food truck and evolved as we looked at brick-and-mortar locations. In 2021 at our current site, we saw a handwritten sign in the window "FOR RENT," so we gave the number a call. While figuring out a contract to rent, we were given the opportunity to buy the building, so we took it.”; and
WHEREAS, the McConnell’s note that they feel, “blessed to be given this opportunity to take over a building with such a rich history,” and “As we evolve, we hope to provide a safe, friendly space for every person to come to enjoy a fresh and locally sourced breakfast/ lunch. As we find our connections in Nevada City we look forward to creating opportunities to support and give back to our community”; and WHEREAS, a grand opening and ribbon cutting ceremony will be held at The Place on South Pine on November 11, 2022; and
WHEREAS, the grand opening and ribbon cutting ceremony will be an opportunity for the City, community, visitors, and other businesses to visit and enjoy The Place on South Pine; and WHEREAS, the City Council and the City of Nevada City wish to recognize and applaud businesses as investors in our community;
NOW, THEREFORE, be it resolved that the City Council of the City of Nevada City does hereby honor the opening of The Place on South Pine and urges those who visit, live, work, and play in Nevada City to Eat Local by patronizing The Place on South Pine and all of our Nevada City businesses, or by attending the grand opening and ribbon cutting ceremony on November 11, 2022.
Dated this 9th day of November 2022
______________________________________
Doug Fleming
Mayor
1 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
2 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 Fernàndez 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 Fernαndez 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 3 Approved 5-0, - Roll call votes ayes; Fleming, Fernàndez, 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:
NOES:
ABSTAIN:
ABSENT:
____________________________
Doug Fleming, Mayor
ATTEST:
____________________________
4 Niel Locke, City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: November 9, 2022 Agenda Item No. 03
Subject: Monthly Statistical Crime Data – October
From: Dan Foss, Chief of Police
Date: November 4, 2022
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Receive and file.
ISSUE STATEMENT AND DISCUSSION:
Attached you will find the monthly statistical crime report for October for the Nevada City Police department. Some areas of interest have been identified in the chart below:
Report Type Numbers Last Year This Year Percent Change
General report 0 3 300%
Misc. Info Report 1 9 800%
Auto Theft 0 2 -200%
Misdemeanor Arrest 4 19 1500%
Adult Felony Arrest 8 7 -100%
Hit-Run 1 0 -100%
Vehicle Impounds 4 13 900%
The numbers continue to trend upward, showing excellent proactivity by patrol officers in the field. As we approach the rainy season, we tend to see a drastic increase in traffic collisions, so we intend to increase even more in the area of traffic enforcement. This past month, your police department has continued with foot patrol and community interaction, and for the month of November, we will be looking to kick off Coffee with a Cop. More to follow on this shortly.
Officer Kendrick conducted an excellent investigation stemming from a basic traffic stop, resulting in the seizure of several firearms and over a pound and a half of methamphetamine. This was seized from a suspect with a long criminal history. This arrest worked to make our community safer. Officer Anderson also had an exceptional month and received praise from the community for his positive approach to policing. Officer Anderson is a very well-rounded officer and continuously receives compliments from the community he strives to serve and protect.
Nevada City Police Department (NCPD) will always be available for comments and will notify the council of any concerns.
FINANCIAL AND/OR POLICY IMPLICATIONS:
N/A
ENVIRONMENTAL CONSIDERATIONS:
N/A
LEGAL REVIEW:
N/A
ATTACHMENTS:
Case Report
Date
Record
Number Description Address Status
10/31/2022 224068
Digital. HVAC Change-Out. Removal and disposal of old gas fired equipment, install new horizontal furnace, install new 4" "B" Vent portions of flue pipe an roof cap and make appropriate
connections and modifications. All new heating components. No cooling component altered.This permit includes one inspection.
Final required.
325 GETHSEMANE
STREET, Nevada City
CA 95959 Issued
10/28/2022 224046 replace furnace under house for american home shield 211 PARK AVENUE,
Nevada City CA 95959 Received
10/28/2022 224042
Digital. Tear off existing roof on residence, install Owens Corning lifetime shingles. No ducts in attic. Sewer backflow prevention device installed to be verified by Inspector at final.This permit includes one inspection. Final required.
228 PROSPECT
STREET, Nevada City
CA 95959 Issued
10/28/2022 224041
Digital. Tear off existing roof on the residence, install Owens Corning lifetime shingles. No ducts in attic.Sewer backflow prevention device already installed and verified. Documents uploaded to portal. This permit includes one inspection. Final required.
411 WINTER STREET,
Nevada City CA 95959 Issued
10/27/2022 224033
Digital. Replace existing 200 amp meter/main panel with new and install 60 amp EV circuit.This permit includes two inspections.
Final required.
211 GETHSEMANE
STREET, Nevada City
CA 95959 Issued
10/27/2022 224023 Install of a 11.89KW photovoltaic rooftop system. 220 SOUTH PINE
STREET, Nevada City
CA 95959 Received
10/27/2022 224021 Re-roof existing 1900 SF Replace gutters with new. 365 GRACIE ROAD,
Nevada City CA 95959 Received
10/25/2022 223979
New 18kW standby generator with ATS & SMM. Includes 2
inspections.
384 Railroad Ave,
Nevada City CA 95959 Issued
Building Actvity Report
October 2022
10/24/2022 223967
Relocate natural gas meter and gas line to side of residence.This permit includes up to 2 inspections. Final inspection required. 403 SOUTH PINE
STREET, Nevada City
CA 95959 Issued
10/22/2022 223972
DIGITAL: Installation of 6 pedestal-mounted EV Chargers and 1 dedicated gateway circuit on 2 existing house service panels.
Installation of bollards to protect new EV Chargers. EV Chargers to be installed between parking spaces in external public parking lot.Includes 2 inspections.
412 COMMERCIAL
STREET, Nevada City
CA 95959 Issued
10/21/2022 223962
Digital. Replace existing heating and cooling equipment. System located in/on side of house. This permit includes one inspection.
Final required.
352 BRIDGE WAY,
Nevada City CA 95959 Issued
10/20/2022 223951
Digital. Upgrade main panel to 200 amps with no added load.This permit includes two inspections. Final required.
426 NURSERY STREET,
Nevada City CA 95959 Issued
10/20/2022 223941
Web: Tear off and reroof 38sq with owens corning true definition cool comp shinglesThis permit includes up to 2 inspections. Final inspection required.
220 SOUTH PINE
STREET, Nevada City
CA 95959 Received
10/19/2022 223934
DIGITAL: Renovation of single family home. Scope includes converting existing lower-level studio space to legalized one bedroom ADU, 749 sf. with new covered deck, 267 sf. Upper-level primary dwelling, 1054 sf.Includes inspections.
549 NORTH PINE
STREET, Nevada City
CA 95959 In Review
10/19/2022 223928 Install 27kwh battery backup system.Includes 2 inspections. 545 EAST BROAD
STREET, Nevada City
CA 95959 Issued
10/19/2022 223925
Replace two retrofit patio doors.Sewer backflow preventer verified.1 inspection.
300 WOODPECKER
LANE, Nevada City CA
95959 Issued
10/19/2022 223922
Replace 13 windows. Retrofit. Backflow preventer verified.1 inspection.
427 SACRAMENTO
STREET, Nevada City
CA 95959 Issued
10/19/2022 223916
Tear off and reroof like for like cool comp 40 squares.Sewer backflow verification required. 1 inspection.
450 BROAD STREET,
Nevada City CA 95959 Issued
10/19/2022 223913
Reconstruct existing deck 192sf. This permit includes 2 inspections.
A final inspection is required. Confirm Nevada City Planning Department approval prior to conducting first inspection. 315 SPRING STREET,
Nevada City CA 95959 Issued
10/19/2022 223909
DIGITAL: INSTALL HOOD VENT AND RUN GAS NEW GAS LINES TO EQUIPMENT IN EXISTING COMMERCIAL KITCHEN.Includes 2
inspections.
106 UNION STREET,
Nevada City CA 95959 In Review
10/18/2022 223889
Replace deck surface board and guard rail with Fortress GuardRail.This permit includes 1 inspection. Final inspection required.
112 ORCHARD ST,
NEVADA CITY CA
95959 Issued
10/18/2022 223885
Web: Tear off and reroof on existing residence with 22 squares of Cool Comp Class A fiberglass shingles. Sewer backflow verification required. 1 inspection.
118 GREAT OAK
COURT, Nevada City
CA 95959 Issued
10/18/2022 223879
Web: Upgrading Main Electrical Service from 125 amp to 200 amp for existing residence.This permit includes up to 2 inspections.
Final inspection required.
112 MARTIN STREET,
Nevada City CA 95959 Issued
10/18/2022 223878
Web: Replace existing heating and cooling equipment. System located in/on side of houseThis permit includes 1 inspection. Final inspection required.
524 EAST BROAD
STREET, Nevada City
CA 95959 Issued
10/17/2022 223865
Add (2) electrical plugs and (1) switch outside BOS conference room.This permit includes 1 inspection.
950 MAIDU AVENUE,
Nevada City CA 95959 Issued
10/14/2022 223838
Tear off and reroof residence with cool comp shingles.This permit includes up to 2 inspections. Final inspection required. 351 LONG STREET,
Nevada City CA 95959 Issued
10/14/2022 223834
Digital: remove and replace 8 full-frame nail fin windowsThis permit includes one inspection
311 BRIDGE WAY,
Nevada City CA 95959 Issued
10/11/2022 223779 Remove & Replace Deck 242sf
668 EAST BROAD
STREET, Nevada City
CA 95959 Issued
10/5/2022 223718
Digital. Install Heating and Air Conditioning system. All new heating and cooling components.On file: installed sewer backflow prevention device verified from previous permit. This permit includes one inspection. Final required.
505 NIMROD STREET,
Nevada City CA 95959 Issued
10/5/2022 223708
Digital. Re-roof existing lower roof like for like, approx sf: 1168 SF, Owens cool roof shingle (shasta white).On file - verification of sewer backflow installed already. This permit includes two inspections. Final required.
521 NEVADA STREET,
Nevada City CA 95959 Issued
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: November 9, 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: November 4, 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. 6
Subject: Consideration of Award of Contract with First
Serve Productions Inc. in an Amount Not-To-Exceed
$27,120 for Tennis Court Resurfacing; Authorize a
Project Contingency of 10%, Not-To-Exceed $2,712; 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:
On June 5, 2018, voters passed Proposition 68 by 57.6 percent. The $4 billion “Parks, Environment, and Water Bond Act of 2018” is detailed in Division 45 of the Public Resources Code. California Department of State Parks announced the availability of Proposition 68 – Per Capita Grant funds in July 2020. City Parks and Recreation Manager, Dawn Zydonis, identified the need for replacement of Tennis Court Lighting and Resurfacing at Pioneer Park. The projects were prioritized for funding by the City Council of Nevada City with the adoption of Resolution 2021-20 authorizing the Per Capita Grant Fund Allocation from Prop 68.
Tennis Court Lighting was installed in the spring of 2022, however after performing several lighting tests with input from neighbors and tennis players it was determined that changes were needed. Several changes were made including 1) reducing the number of light fixtures on each pole from three to one fixture on each pole; 2) changing the angle of the fixture to a flat angle to keep light concentrated on the courts; and 3) installing back shields to prevent light from going toward homes. After further tests it was determined that full shields were needed. The full shields have been ordered from the manufacturer and are expected to be installed by the contractor within the next month.
City staff solicited bids for Pioneer Park Tennis Court Resurfacing from four contractors who specialize in this type of work and by advertisement with Nevada County Contractors Association and on the City’s website. Only one bid was received as follows:
First Serve Productions Inc., Meadow Vista CA $27,120
First Serve Productions Inc. was selected as the lowest responsive and responsible bidder.
Work will commence on the project when the City Engineer determines that the weather meets the installation conditions called for in the project specifications. This is likely to be in the second quarter of 2023.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The project will be funded using Proposition 68 Per Capita State Funds awarded by the State of California to the City of Nevada City.
ENVIRONMENTAL CONSIDERATIONS:
None
ATTACHMENTS:
Contract for Pioneer Park Tennis Court Resurfacing
Pioneer Park
Tennis Court Resurfacing
City of Nevada City, 95959
Nevada County, California
______________________________
Bryan K. McAlister
PE C58570
PLS 9199
NOTICE TO CONTRACTOR'S
Pioneer Park Tennis Court Resurfacing
Sealed proposals for will be received by the City at City Hall, 317 Broad Street, Nevada City, California, 95959, until 3:00 PM on Thursday October 27th, 2022, at which time, or as soon thereafter as practicable, all such proposals will be publicly opened and read at City Hall, 317 Broad Street, Nevada City, California.
The scope of work, in general, includes; tennis court repair and resurfacing involving removal of existing coatings, repair of asphalt and concrete cracks, application of acrylic coating and painting of court lines.
Bids shall be enclosed and sealed in an envelope addressed to the City of Nevada City at the above stated address and shall be marked " Pioneer Park Tennis Court Resurfacing”. No Bid Bonds are required.
The work includes the furnishing of all labor, materials, and equipment required for the job in accordance with the plans, specifications and other contract documents as set forth by the City Engineer. Such bid documents will be on file with the City staff and are available for inspection during office hours. Bid documents may be obtained at the office of said City Hall at 317 Broad Street, Nevada City, California.
There is no mandatory pre-bid meeting for this project. .
************************************************************************* The City reserves the right to reject all bids; or to accept any portion of bid schedule; to reject any bid which is incomplete or irregular; to determine which proposal is, in its judgment, the lowest responsible bid of a responsible bidder and to waive any informality or minor irregularity of any bid.
DATED: October 6, 2022 CITY OF NEVADA CITY
Bryan McAlister, PE, PLS
City Engineer
Any interpretation or correction of the Contract Documents will only be made by Addendum duly issued, and a copy of such Addendum will be made available for each contractor receiving a set of the Contract Documents. Any request for clarification shall be submitted in writing, via email, to Bryan McAlister [email protected] not less than seventy-two (72) hours prior to bid opening.
AGREEMENT
THIS AGREEMENT is made this _______________ day of ______________________, between the CITY OF NEVADA CITY, a municipal corporation, hereinafter called "City," and ___________________________________________, hereinafter called "Contractor." WHEREAS, City has caused to be prepared certain plans, specifications and other contract documents pertaining to the PIONEER PARK TENNIS COURT RESURFACING in said City: and WHEREAS, after notice duly given, City has awarded the contract for such work to Contractor; NOW, THEREFORE, IT IS AGREED by and between said parties as follows:
1. Scope of Work. The contractor agrees to furnish all labor, materials, tools and equipment, required to complete the improvements in Nevada City, California, in accordance with the plans, specifications and other contract representation made in mandatory meetings. All such work shall be performed in a good and workmanlike manner and to the satisfaction of the designer of said project.
2. Contract Price. As consideration for all such work, City agrees to pay to Contractor the total sum of _____________________________________________ ($________________) Dollars, payable in the manner hereinafter set forth.
3. Contract Documents. The complete contract between the parties hereto consists of the Notice to Contractors, the Information to Bidders, the Bid Proposal, the General Conditions, the Plans and Specifications, and all other drawings and printed or written explanatory matter pertaining thereto. All of the foregoing documents are intended to cooperate, so that any work or requirement specified in any of them is to be carried out or observed the same as if mentioned in all.
4. Time for Performance. Within five (5) days after the execution of this Agreement, City shall give Contractor written Notice to Proceed, and thereafter Contractor shall commence the work and shall prosecute the same with due diligence until completion and acceptance by City; provided, however, that all such work shall be completed and ready for use within twenty (20) working days after Contractor receives said Notice to Proceed.
5. Extension of Time. If, because of adverse weather conditions, strikes, inability of the Contractor (through no fault on his/her part) to obtain necessary materials, or other cause beyond the reasonable control of Contractor, Contractor is unable to complete the required work within the allowed time, he shall be entitled to an extension or extensions of such time, commensurate with the unavoidable delay thus caused; provided, however that Contractor shall apply to City for approval of any such extension prior to the expiration of the time for performance as specified in the preceding paragraph.
6. Contractor's Failure to Complete Work. If Contractor fails to prosecute the work with such diligence as will insure its completion within the time hereinabove specified, or any extension thereof, or fails to complete such work within such time, or if Contractor shall otherwise violate this Agreement, City may give written notice to Contractor and his sureties of City's intention to terminate this Agreement unless, within five (5) days after services of such notice, satisfactory arrangements are made with the City for the completion of such work or the curing of such breach; and if such arrangements are not made within such time, City may, at its option, terminate this Agreement by giving written notice of such termination to Contractor and his sureties.
7. Payments to Contractor. On or before the tenth day of each month during the progress of the work, Contractor shall submit to the City Engineer an itemized statement of all labor and materials incorporated into the improvement during the preceding month and the portion of the contract price applicable thereto. City shall pay to Contractor a sum equal to ninety (90%) percent of the contract price apportionment for approved progress payments.
The remaining ten (10%) percent shall be paid to Contractor after final acceptance of the work by City. Payment to contractor shall be made within thirty (30) days following approval of invoice (CA State Civil Code § 3260.1).
8. Indemnification. Contractor agrees to hold City, and its officers, agents, and employees harmless from any and all liability and claims for damages for death and personal injury, and for property damage, incident to or arising out of the operations of Contractor or any subcontractor under this Agreement, and Contractor further agrees to defend City, and its officers, agents, and employees in any and all lawsuits which may be brought for such damages caused, or alleged to have been caused, by such operations. In addition, Contractor agrees to furnish to the City evidences of insurance coverage. The approval of such insurance by City shall not constitute a waiver or limitation of any rights under this indemnity agreement, regardless of whether such insurance shall be held to be inapplicable to any such damage or claims therefore.
Executed in duplicate this day of , .
ATTEST: CITY OF NEVADA CITY
By:
(Mayor)
By:
(Contractor)
By:
(Authorized Officer)
GENERAL CONDITIONS
1. Inspection of Construction
The Engineer shall have access to the work and the site of the work at all times and the Contractor shall afford such access to the Engineer and shall furnish all relevant information requested by him. At the request of the Engineer the Contractor shall open for inspection any part of the work which has been covered up, and if any part of the work has been covered up in contravention of the instructions of the Engineer, or if on being opened up, is found not to be in accordance with the terms of the contract, the expense of opening and recovering shall be charged to the Contractor. If the work has been covered up but not in contravention of such instructions and is found to be in accordance with the terms of the contract, the actual cost of opening and recovering shall be borne by the City, and in such case, if the work of opening and recovering is done by the Contractor, it shall be considered as extra work and paid for accordingly.
2. Change Orders
If for any reason it becomes necessary or desirable to change the alignment, dimensions, or design of the work, the City shall have the right to issue written change orders therefore. If the Contractor considers that any such change involves extra work, he shall immediately so notify the Engineer in writing, and shall make claim for compensation for such work not later than the first day of the month following the month in which the work was performed. If, in the opinion of the Engineer, any change order results in a change in the amount of work performed, the contract price shall be adjusted for extra work or omitted work, as the case may be.
3. Contractor’s Employees and Subcontractors
The Contractor shall at all times be responsible for the adequacy and efficiency of his employees and any subcontractor and the latter’s employees. All workers shall have adequate skill and experience to perform properly the work assigned to them.
4. Errors and Omissions
If the Contractor in the course of the work becomes aware of any error or omission in the contract documents, or of any discrepancy between such documents and the physical conditions of the work site, he shall immediately inform the Engineer, who shall take such action as he may deem necessary in order to rectify the matter. Any work done after such discovery and without the authorization of the Engineer will be at the Contractor’s risk.
5. Guaranty of Work
For a period of one (1) year after final acceptance of the work by the City, the Contractor shall make all Improvements and replacements arising out of any defective workmanship or materials. If the Contractor fails to make such repairs or replacements within ten (10) days after receiving written notice to do so, or within such further time as may be allowed by the City, the City may undertake such repairs or replacements, in which case the Contractor shall be liable to the City for the cost thereof.
6. Contractor’s Responsibility for Work
The Contractor shall be responsible for the proper care and protection of the work, and of all materials delivered to the work site, until completion of the work and its final acceptance by the City.
7. Performance Bond
No Performance bond shall be required for this project.
8. Payment Bond
A payment (labor and materials) bond is required for public works contracts involving an expenditure in excess of twenty-five thousand dollars ($25,000). If the contract is in excess of this amount the contractor shall provide a payment bond to the City of Nevada City before commencement of work. Cost for the bond shall be included in the contractor bid proposal and no additional compensation will be provided.
A payment bond shall be in an amount not less than 100 percent of the total amount payable pursuant to the contract. The bond shall be in the form of a bond and not a deposit in lieu of a bond. The bond shall be executed by an admitted surety insurer and in accordance with Section [9550 - 9566] of the CA Code.
9. Workmen’s Compensation Insurance
The Contractor shall carry workmen’s compensation insurance for all employees working on or about the site of the work, and if any work is subcontracted, the Contractor shall require each subcontractor to carry such insurance for all of the latter’s employees, unless they are covered by the Contractor’s insurance.
10. Insurance Requirements
CONTRACTOR shall purchase and maintain insurance in amounts of coverage not less than the following amounts:
General Liability: $1,000,000 per occurrence for bodily injury, (Including operations, personal injury and property damage. If products and completed Commercial General Liability Insurance or operations) other form with a general aggregate limit is used either the general aggregate limit shall
apply separately to this project/location or
the general aggregate limit shall be twice
the required occurrence limit.
Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
The Contractor shall deliver to the City, concurrently with the execution of the contract, certificates evidencing all insurance required by the contract, and each such certificate shall include a provision to the effect that the policy or policies cannot be canceled or materially modified unless the insurer gives the City at least fifteen (15) days written notice thereof prior to such cancellation or modification.
11. Prevailing Wages
Contractor shall pay each laborer, workman or mechanic in accordance with State and Federal Prevailing Wage Rates and the California Labor Code. These wage rates are hereby made a part of this contract:
State General Prevailing Wage Determinations in effect on date advertised General prevailing wage determination of Journeyman and Apprentice Prevailing Wage Rates can be accessed at the following websites: https://www.dir.ca.gov/oprl/DPreWageDetermination.htm And http://www.dir.ca.gov/das/publicworks.html
Reference: Labor Code http://www.labor.ca.gov/laborlawreg.htm Federal Prevailing Wage Determinations in effect on bid date http://www.wdol.gov/wdol/scafiles/davisbacon/ca.html
Electronic Certified Payroll Records
All contractors must furnish electronic certified payroll records to the Labor Commissioner using the online eCPR data system
No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
The contractor shall post job site notices prescribed by regulation. (See 8 Calif. Code Reg. §16451(d) Project Specifications
PROJECT LIMITS
On Nimrod Street Pioneer Park as shown on plan.
PROJECT DESCRIPTION
The project consists of tennis court resurfacing for two existing tennis courts.
CONSTRUCTION NOTES
Bid items shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for mobilization, traffic control, demolition, clearing, removal and disposal of demolition debris or excess materials, and all other incidental work as required to resurface the tennis courts. Final Payment shall not be made until all cleanup and restoration work is complete.
Any complaints or special requests from City residents, business owners or visitors shall immediately be directed to City staff so that City staff can respond appropriately and in a timely manner. The Contractor shall not make concessions or agreements or attempt to resolve conflicts with residents, property owners or business owners but shall refer all such items to the City Engineer or Public Works Superintendent.
All time limits stated in the Contract Documents are of the essence of the Agreement. It is acknowledged that the Contractor’s failure to achieve substantial completion of the Work within the Contract Time provided by the Contract Documents will cause the City to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by the City of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such delay, the Contractor agrees that liquidated damages may be assessed and recovered by the City as against Contractor and its Surety, in the event of delayed completion and without the City being required to present any evidence of the amount or character of actual damages sustained by reason thereof; therefore Contractor shall be liable to the Owner for payment of liquidated damages in the amount of One Thousand Dollars ($1,000) for each day that Substantial Completion is delayed beyond the Contract Time as adjusted for time extensions provided by the Contract Documents. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and Contractor shall pay them to Owner without limiting Owner’s right to terminate this agreement for default as provided elsewhere herein.
TECHNICAL SPECIFICATIONS
REMOVE EXISTING COATINGS
This work shall consist of removing existing acrylic coatings and painted lines from courts as required to prepare the surface for recoating. Existing coatings and paint shall be fully removed utilizing appropriate sanding, scraping, and washing methods to maintain a flush court surface.
Courts shall be prepared for paint removal by clearing all dirt objectionable material and vegetation from the court surfaces prior to removing paint.
Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in paint removal, including, but not limited to preparing courts, and removing paint shall be included the contract price paid by lump sum for “Remove Existing Coatings”. 10‐1.14 COURT LEVELING
This work consists of flooding court surface, marking low areas that hold water, and leveling and repairing the marked court low spots and depressions. Areas that retain water greater than one‐sixteenth inch (1/16”) in depth after one hour (at 70 degrees F) shall be patched and leveled. All depressions and low spots shall be leveled using an Acrylic liquid binder mixed on‐site with sand and cement.
The pavement surface shall be cleaned entirely of dust, dirt, debris and all loose materials prior to leveling. Materials shall be mixed using a power mixer or mortar mixer and applied using a smooth sided screed or trowel per the manufacture’s recommendations.
Each coat in the system must be allowed to completely dry before the next application. All repaired low spots are to be flush with the court surface. The surface shall be inspected in between each coat and any defects found shall be repaired and/or removed. The finished surface shall be smooth, free of ridges, valleys and tool marks.
Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in court leveling, including, but not limited to preparing courts, mixing materials, and filling low spots, shall be included in the contract lump sum price paid for “Surface Prep and Crack Repair”. 10‐1.15 CRACK REPAIR
This work shall consist of repairing existing tennis court concrete and asphalt cracks and producing a flush playing surface and to prepare the surface for recoating. Crack repair shall utilize RiteWay Crack Repair System, or approved equal and shall be installed per manufacturers recommendations for the type of crack being repaired. All repaired cracks shall be flush with the court surface.
Courts and cracks shall be adequately cleaned and prepared prior to repairing cracks and shall be free of dirt, vegetation, loose paint, vegetation, and any contaminates or objectional material. Cracks shall be repaired per the manufactures recommendations.
Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in crack repair, including, but not limited to preparing courts, mixing materials filling cracks, sanding courts, and applying tape liquid adhesives and fabric as applicable, shall be included shall be included in the contract lump sum price paid for “Surface Prep and Crack Repair”.
10‐1.16 ACRYLIC COATING SYSTEM
This work shall consist of the installation of a multi‐layer acrylic coating system over the tennis courts as recommended by the acrylic coating manufacturer. A minimum of two (2) filler coats and a sealer coat shall be applied.
Courts shall be dry, smooth, free of dirt, loose or flaking paint, oily materials, chemical residues, vegetation of any sort and any other debris or foreign material prior to application of acrylic layers.
A layer of sand‐textured acrylic resurfacing material shall be applied per the manufacturer’s recommendation, to give the surface one uniform texture. Sand gradation shall be 70 mesh.
A top layer of colored, textured acrylic latex shall be applied per the manufacturer’s recommendation. Colored coats shall be light green (court interior) and light red (exterior). The Contractor shall provide a color sample to the Engineer prior to ordering of the colored, acrylic resurfacing material. Top layer material shall be in accordance with the United States Tennis Association.
Each coat in the system must be allowed to completely dry before the next application. The entire surface shall be inspected in between each coat and any defects repaired and/or removed. All acrylic layers shall be manually applied using a wide blade, neoprene rubber squeegee.
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for performing all the work involved in placing a complete acrylic coated playing surface, as specified in these Special Provisions, and as directed by the Engineer, shall be included in the contract unit price paid per square foot for "Acrylic Coating System". 10‐1.17 PAINTED COURT MARKING
Painting of game lines shall be performed after curing of all color coatings and shall be applied in conformance with the provisions in "Traffic Stripes and Pavement Markings," of the Standard Specifications and these Special Provisions.
The surface to which the paint is to be applied must be dry, smooth, free of dirt, loose or flaking paint and any other debris or foreign material. Line painting shall only be performed when the temperature is at least 50° F and rising and shall not be placed when rain is present or likely.
Game lines shall be 2” wide, lightly textured acrylic latex paint, accurately located and marked in accordance with rules and recommendations of the accordance with the United States Tennis Association. The Engineer shall approve the finished court surfacing and final layout prior to any line painting. Line painting shall be performed with a brush or roller, using masking tape to ensure crisp edges, in accordance with the manufacturer’s recommendations. All lines shall be straight and true, with no irregular edging. At no time should the playing lines or the line dimensions vary more than 1/4” from the exact measurement.
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for performing all the work involved in painting of game lines, complete in place as specified in these Special Provisions, and as directed by the Engineer, shall be included in the contract price paid per lump sum for “Painted Court Markings”.
ADDENDUM NO. 1 CITY OF NEVADA CITY
This addendum is for the following project:
PIONEER PARK TENNIS COURT RESURFACING
Bid Documents are revised as follows. This addendum is provided on the City’s website and to all contractors who have contacted the City about the bid.
Clarifications:
The technical specifications of the bid document describes the work involved for Bid Item 1 Remove Existing Coatings.
For clarification, it is the City’s expectation that the surface be fully prepared for recoating. It may not be necessary to remove all existing coatings in order to prepare the surface. Existing coatings and paint that do not prevent the coatings from adhering to the surface may remain in place. Full cost of removing that portion of the existing coatings as necessary to allow the new coatings to adhere to the surface shall be included in bid item 1.
There is no change to the RFP Submission Deadline
DATED: October 24, 2022 CITY OF NEVADA CITY
Bryan McAlister, P.E.
City Engineer
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: November 9, 2022 Agenda Item No. 07
Subject: 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.
From: Sean Grayson, City Manager
Date: November 4, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Hold second reading and adopt the ordinance.
ISSUE STATEMENT AND DISCUSSION:
At the October 26, 2022 Regular City Council Meeting the City Council conducted first reading of Ordinance 2022-12 authorizing the implementation of a Community Choice Aggregation program and also adopted Resolution 2022-64 Requesting membership in Pioneer Community Energy.
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:
Not applicable.
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
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
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: November 9, 2022 Agenda Item No. 08
Subject: Consideration of Resolution 2022-67: A Resolution of the City Council of the City of Nevada City Adopting the City of Nevada City 2022-2027 Strategic Plan.
From: Sean Grayson, City Manager
Date: November 4, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Receive a report and adopt the resolution.
ISSUE STATEMENT AND DISCUSSION:
At the October 12, 2022 Regular City Council Meeting the City Council received a presentation on and provided direction in relation to the Draft Nevada City 2022-2027 Strategic Plan. The plan was amended to reflect the direction and was placed on the City’s website for a public comment and review period from October 21, 2022, through November 4, 2022. The Nevada City 2022-2027 Strategic Plan is presented here for final adoption by the City Council. The plan is intended to be flexible and to be amended over time. As the City Council committees assigned to each Strategic Initiative meet it is anticipated that goals and or objectives may be recommended to be added to the plan.
Staff will provide an update on iterative changes from the first and second drafts of the plan, which are detailed beginning on page 16 of the document, as well as updates on plan and work product anticipated in the coming months for the City Council committees assigned to each strategic initiative.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Not applicable.
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 2022-67
Nevada City 2022-2027 Strategic Plan
RESOLUTION NO. 2022-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY ADOPTING THE CITY OF NEVADA CITY 2022-2027 STRATEGIC PLAN WHEREAS, Nevada City stakeholders including City residents, residents outside the City, businesses, visitors, City employees, the Nevada City Planning Commission and community based organizations have participated in strategic planning workshops and surveys in July, August and September 2022; and
WHEREAS, the City Council conducted a strategic planning workshop in September 2022 to develop the strategic plan including review and inclusion of the input provided by stakeholders; and
WHEREAS, strategic planning is a disciplined effort to produce fundamental decisions and actions that shape and guide what an organization is, what it does and why it performs the services and/or programs it does; and
WHEREAS, there are numerous benefits to strategic planning, including: organizations can increase effectiveness and efficiency, improve understanding through better learning, make better decisions, enhance organizational capabilities, improve communications and public relations as well as increase political support; and
WHEREAS, the City Council and staff have identified four (4) embedded strategic initiatives of: Nisenan, Climate, Technology, and Engagement; and seven (7) priority strategic initiatives of: Housing, Fire, Water, Business, Vibrancy, Infrastructure, and Parks; and WHEREAS, the City Council has reviewed the proposed Strategic Plan including the City Mission, Vision, Statements of Values, SWOT Analysis, strategic initiatives, and goals as outlined in the attached documents, at their October 12, 2022, regular meeting; NOW THEREFORE, BE IT RESOLVED, that the City Council hereby adopts the attached City of Nevada City Strategic Plan for 2022-2027.
PASSED AND ADOPTED at the regularly scheduled meeting of the Nevada City, City Council held on the 9th day of November 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____
Doug Fleming, Mayor
ATTEST:
Niel Locke, City Clerk
· City Hall · 317 Broad Street · Nevada City, California 95959 · · Phone: (530) 265-2496 · Website: NevadaCityCA.Gov ·
City of Nevada City
Strategic Plan
2022-2027
City Council
Doug Fleming, Mayor
Daniela Fernández, Vice Mayor
Gary Petersen, Councilmember
Adam Kline, Councilmember
Lou Ceci, Councilmember
City Clerk
Niel Locke
Executive and Management Staff
Sean Grayson, City Manager
Dean Pucci, City Attorney
Victoria Knoll, Chief Financial Officer
Gabrielle Christakes, Deputy City Clerk / Administrative Services Manager Sam Goodspeed, Fire Division Chief
Dan Foss, Police Chief
Bryan McAlister, Public Works Director / City Engineer
Amy Wolfson, City Planner
Dawn Zydonis, Parks and Recreation Manager
Shane Kinne, Public Works Superintendent
Michael Faudoa, Chief Plant Operator
Why We Exist
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
Where We Want To Be
Vision Statement
Nevada City, nestled in the Sierra foothills,
will be a vibrant, uniquely beautiful small
town that balances art and culture,
historical preservation and progress.
The Values We Share
Embracing and promoting diversity
A commitment to public service
Ethical and transparent behavior
Fiscal responsibility
Preserving and enhancing our community
Excellent, responsive customer service
A commitment to our community as a whole
Support for and commitment to a safe, just, equitable, diverse and inclusive Nevada City The City We Are Building Together
Strategic Initiatives
“The crossroads of history and progress”
City of Nevada City
Strategic Plan 2022-2027 At-A-Glance
Table of Contents
Strategic Plan At-A-Glance................................................................................................................................................2 Table of Contents ...................................................................................................................................................................3 Draft Strategic Plan...............................................................................................................................................................4 Mission.........................................................................................................................................................................................4 Vision............................................................................................................................................................................................4 Statements of Values............................................................................................................................................................4 S.W.O.T. Analysis ....................................................................................................................................................................5 Strategic Initiatives...............................................................................................................................................................7 Housing........................................................................................................................................................................................8 Fire.................................................................................................................................................................................................8 Water ............................................................................................................................................................................................9 Business ......................................................................................................................................................................................9 Vibrancy...................................................................................................................................................................................10 Infrastructure.......................................................................................................................................................................10 Parks ..........................................................................................................................................................................................11 Strategic Planning Process ............................................................................................................................................12 Strategic Plan Changes Since First Draft................................................................................................................16 City of Nevada City Strategic Plan 2022-2027 3
STRATEGIC PLAN ELEMENTS
City of Nevada City 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.
City of Nevada City Vision Statement
Nevada City, nestled in the Sierra foothills, will be a vibrant, uniquely beautiful small town that balances art and culture, historical preservation and progress.
City of Nevada City Values…(not in priority order)
• Embracing and promoting diversity
• A commitment to public service
• Ethical and transparent behavior
• Fiscal responsibility
• Preserving and enhancing our community
• Excellent, responsive customer service
• A commitment to our community as a whole
• Support for and commitment to a safe, just, equitable, diverse and inclusive Nevada City Established Objective: By the adoption of the fiscal year 2023/2024 City budget, appoint a City Council / Community Committee to review and recommend revision to the City’s MISSION to enhance its understanding with the community aligned with this strategic plan Established Objective: By the adoption of the fiscal year 2023/2024 City budget, appoint a City Council / Community Committee to review and recommend revision to the City’s VISION to enhance its understanding with the community aligned with this strategic plan Established Objective: By the adoption of the fiscal year 2023/2024 City budget, the City Council will review, revise, and adopt a new list of CITY VALUES STATEMENTS aligned with the actions of this strategic plan
City of Nevada City Strategic Plan 2022-2027 4
S.W.O.T. (Strengths, Weaknesses, Opportunities, and Threats) ANALYSIS Strengths
Historic Preservation Color / vibrancy of community
Environmental Ethic Always something to do
Public Works Department Miner's foundry
Community involvement Open spaces and trails
Community conscious Limited corporate business presence New staff at City Hall New housing element
Clean water and air (sometimes) Cannabis industry
Accessibility to new staff Tourism
Arts, Entertainment, Culture, Diversity Events
Walkability Natural setting
Preserved Historic Downtown buildings Small town charm
Small town spirit History
Aesthetic and small-town preservation Community
Approachable staff Volunteerism
Institutional "tribal" community Nisenan
Unique business culture Holistic approach to wellness
Geographic setting Police Department
Tolerance Community clean-up
Intellectual/financial capital Diversity
Culture of volunteerism Sense of "Community"
Strong non-profit base Engaged Citizens
KVMR Safety
Water quality Downtown buildings
Thriving farmer's market Environmentally conscious
Volume of non-profits People say HI
Weaknesses
Aging public infrastructure Unmaintained green and open spaces Aging population Perception of planning commission too restrictive Affordability Resistance to annexation
Lack of internet options School enrollment dropping
Fire prevention and safety Old general plan
Limited public transit Proliferation of invasive trees
Parking Lack of fire management plan
Building vacancies City budget
Vacation rentals Lack of homeless support
Traffic and noise Lack of hotels
Desirability Layout of streets
Increased housing costs Pedestrian oriented but not pedestrian friendly Lack of public art process Homeless
Deteriorating buildings Empty storefronts
Narrow sidewalks (ADA issues) Political divide
Lack of sidewalk maintenance Insufficient funding for city services Lack of enforcement of codes Too focused on historical things Insufficient focus on 7-Hills Too focused on tourism
A lot of new staff Lack of focus on families
Lack of racial diversity Not getting our share of state grants money Racism Turning into Disneyland
Indigenous bias Not doing anything with the airport
Perceived lack of protection and safety Not maintaining open space Fire fuel mitigation PG&E
Dense forest Waste Management
City of Nevada City Strategic Plan 2022-2027 5
Opportunities
Become a model sustainable community Regional partnerships Curated tourism EV charging in the City
Grants Public Art
Local small businesses Nisenan federal recognition
Unique retail offerings Control our own police dispatch Innovative affordable housing Civic engagement of youth Promoting community engagement Infill housing
Innovative partnerships Finding sustainable mix of retail Courthouse options Jobs
Emphasize early heritage Job training for local industry Ecology, biodiversity Use short-term rentals as funding for housing Capitalize on human resources Food trucks
Prioritize open space acquisition Courthouse repurpose into college Expand tax base Local farms and gardens
HEW building Energy independence
Development Solar expansion
Annexation Partner for sustainable water sources
Update General Plan Support a thriving community
Preparing for fire prevention City be a bridge for cultural conversation Supportive of housing solutions Composting and recycling Undergrounding of utilities Biodigester for power
High speed, reliable internet Climate adaptation plan
Community Choice Aggregation power Transparency in government Cannabis tourism Leverage technology
Rebrand 7-Hills Infrastructure funding
Threats
Loss of courthouse Lack of power under local control
Vacant courthouse building Global instability
Fire Excessive fees
PG&E inaction Underspending on innovation
Capacity of water infrastructure Overspending on police Development outside the city Inability to attract diversity Global warming / climate change Homeowners insurance rates White supremacy Intolerance
Crime Wildfire
Lack of affordable housing Lack of housing for workforce Homelessness Loss of businesses
Short Term Rentals Tax base taken by other entity
Loss of rental housing Lose water rights
Inheritance laws Lose local control on housing
Established Objective: With the adoption of each fiscal year City budget through 2027 the S.W.O.T. analysis will be reviewed for alignment with tasks and objectives identified within the budget to meet the goals and initiatives of the strategic plan
City of Nevada City Strategic Plan 2022-2027 6
Strategic Initiatives
Embedded Strategic Initiatives
These will be considered in all decision making and goal setting in strategic planning and the impact upon these areas will be assessed in each priority strategic initiative Support for and collaboration with the Nevada City Rancheria Nisenan Tribe
Planning for and building resilience through adaptation to climate change
Using, upgrading and leveraging the strengths of technology to enhance the work of the City
Community engagement and communications with stakeholders Priority Strategic Initiatives
These are the broad categories of effort that will be prioritized for action over the five years of the strategic plan.
Workforce and affordable housing, supportive of leasing local, and maintenance of homeowner value
Wildfire and structural fire prevention, mitigation, and education
Maintenance of cost efficient, reliable, resilient, and sustainable drinking and irrigation water sources and wastewater
treatment capabilities
Business, industry, and cannabis support
Arts, Culture, and Distinction
Parking, Roads, Right-of-Way, and other public and contracted infrastructure
Parks, Open Space, Recreation, Programming, and Community Facilities
City of Nevada City Strategic Plan 2022-2027 7
Workforce and affordable housing, supportive of leasing local, and maintenance of homeowner value GOALS
1. Support the housing needs of the Nisenan
2. Create a lease local program
3. Develop an ADU design with pre-approval for the City’s objective design standards
4. Develop a residential elevation with pre-approved architectural review available for single-family residential use
5. Create a housing needs analysis expanding upon the City’s Housing Element to include needs for workforce housing, lease local, and paths to ownership as well as an assessment of the impact of shortterm rentals on the housing needs analysis.
6. Reimplement the short-term rental program to align with objectives established from the housing needs analysis
7. Engage City stakeholders and regional partners in the needs analysis
8. Actively pursue grant opportunities for housing needs as identified COMMITTEE ASSIGNED:
Mayor Fleming
Vice Mayor Fernández
Wildfire and structural fire prevention, mitigation, and education GOALS
1. Conduct annual inspections of all parcels and businesses for compliance with fire related ordinances and provide education and enforcement to achieve compliance
2. Assess community needs for achieving compliance with fire related ordinances to include plans for private property fuels mitigation, green waste hauling, and related activities
3. Develop programs to address the community needs for fuels mitigation and consider the development of low-income and access and functional needs programs supportive of compliance with the City’s existing vegetation management ordinance requirements
4. Engage the community through the Fire Safety Advisory Committee providing direct and routine outreach to the community including local Firewise groups
5. Develop implementation strategies for the MOU for Fire Prevention and Mitigation between the City and Nevada County should Measure V pass and go into effect in 2023
6. Pursue the development of a Countywide Community Wildfire Protection Plan (CWPP) with a Nevada City specific annex
7. Evaluate the need for and benefits of an Urban Forestry Plan for the City
8. Provide community outreach and education on and complete functional exercises of emergency evacuation routes
9. Actively pursue grants for a wide array of fire related activities including prevention, education, mitigation, response and recovery
COMMITTEE ASSIGNED: Fire Safety Advisory
Councilmember Ceci
Councilmember Kline
City of Nevada City Strategic Plan 2022-2027 8
Maintenance of cost efficient, reliable, resilient, and sustainable drinking and irrigation water sources and wastewater treatment capabilities
GOALS
1. Develop plan for enhanced technology for meters, leak detection and system enhancements
2. Evaluate the impact of vegetation overgrowth and fire risk on water supply and resiliency
3. Coordinate with the Nevada Irrigation District (NID) for potential regional projects, economies of scale and funding sources
4. Engage stakeholders on the topic of service delivery and capital improvement costs in relation to maintaining a sustainable water supply for the community
5. Evaluate options to retain and store additional water rights
6. Evaluate options for the use of untreated irrigation water on city lands and at city parks
7. Review the existing Water / Wastewater Master Plan and update the plan
8. Actively pursue grants including the EPA Water Infrastructure Improvements for the Nation Grants and the California Department of Water Resources Water Infrastructure and Resilience Projects program COMMITTEE ASSIGNED:
Councilmember Petersen
Councilmember Ceci
Business, industry, and cannabis support
GOALS
1. Pursue a vacant storefronts mitigation program
2. Work with the Chamber of Commerce for citywide business support
3. Work with the Cannabis Industry on continued industry development
4. Engage all city businesses to determine their needs and demands and track variations by area and business type
5. Create an economic development plan for the City
6. Support tourism as a funding mechanism for our businesses
7. Work with businesses to actively curate the eclectic mix of uniquely Nevada City businesses within the community and actively seek to recruit and retain businesses from outside the City
8. Actively pursue grants including Economic Development partnership opportunities and the Cannabis Equity Grant Program
COMMITTEE ASSIGNED:
Councilmember Ceci
Councilmember Kline
City of Nevada City Strategic Plan 2022-2027 9
Arts, Culture, and Distinction
GOALS
1. Consider the role and impact of the Nisenan and their culture in seeking to expand arts, culture and diversity in Nevada City
2. Develop a public art process including an enabling ordinance
3. Create a 7-Hills specific plan that includes a pathway to redevelopment that considers: rebranding, housing, business, art, and parks
4. Engage the arts community and all stakeholders in identifying the unique vibrancy of Nevada City and how to maintain and expand it.
5. Create and implement a stakeholder communications plan to include online social media, mailers, meetings, and workshops to meet both the City and stakeholder needs
6. Evaluate the timing, formation, and mission of a Nevada City Arts Commission
7. Actively pursue grants including through the National Endowment for the Arts and California Arts Council programs
COMMITTEE ASSIGNED:
Vice Mayor Fernández
Councilmember Kline
Parking, Roads, Right-of-Way, and other public and contracted infrastructure GOALS
1. Review the previous Old Airport Plan and make recommendations to reengage in the plan or pursue alternatives
2. Complete the parking study and seek City Council approval for a comprehensive plan to address parking, metering, rates, EV charging
3. Engage stakeholders in the prioritization of future projects
4. Establish an emergency and routine service mutual aid and assistance-by-hire agreement with the County of Nevada, City of Grass Valley, and the Nevada Irrigation District (NID)
5. Reconfigure the citywide Capital Improvement Program (CIP) to align with the strategic plan and funding opportunities
6. Develop a master list of grant projects for all City departments and actively pursue City Council adopted projects consistent with the CIP and the strategic plan
7. Explore options for a Climate Adaptation and Resiliency Plan COMMITTEE ASSIGNED:
Councilmember Petersen
Councilmember Ceci
City of Nevada City Strategic Plan 2022-2027 10
Parks, Open Space, Recreation, Programming, and Community Facilities GOALS
1. Engage the Nisenan in the branding and art aspects of parks related activities
2. Integrate parks related billing and facilities rentals into new City finance system
3. Engage the community in a parks, open space, recreation, and community facilities needs analysis
4. Coordinate with the newly formed County of Nevada Parks and Recreation Department
5. Review the existing Parks Master Plan and update the plan to include potential new sites and amenities
6. Explore opportunities for a parks district, regional park and trails approach, or other amenities and/or revenue enhancing activities
7. Actively pursue grants including Prop 68 and regional partnership grant opportunities COMMITTEE ASSIGNED:
Mayor Fleming
Councilmember Petersen
City of Nevada City Strategic Plan 2022-2027 11
STRATEGIC PLANNING PROCESS
What is Strategic Planning?
There are a multitude of definitions for strategic planning. For reference in the City of Nevada City process used the following:
A continuous and systematic process where the guiding members of an organization make decisions about its future, develop the necessary procedures and operations to achieve that future, and determine how success is to be measured.
A strategic plan is not the destination (or desired outcome), rather it is the vehicle that can take the City to its destination. Planning is not action, and a strategic plan should not be viewed as a goal, but as a process that leads to action.
When some is leaving their house to go somewhere they generally need two things: a destination or where they want to go and a path of travel or directions. Strategic planning is the process for the City to move forward to its future. Strategic planning identifies the City’s desired destination, and it creates a path to get there. Accomplishing the plan’s goals and objectives serve as a roadmap with planned timelines and pitstops.
Why Strategic Planning in Nevada City?
Nevada City has entered into a very challenging evolutionary cycle. Public demands continue to increase, while dollars and other resources are growing at a slower pace or, in some cases, shrinking. These trends place increased pressure on the City Council (as Policy makers), City Manager (as Policy implementer), and staff to develop ways to be more effective and more efficient. In many cases, the public is demanding the accomplishment of specific goals, objectives, and services with fewer resources. “Doing more with less” while not possible in application is often an expectation. Accomplishing more within existing constraints however is possible if efficiencies can be had. To work more efficiently with available resources, organizations must establish their direction based on constructive efforts while eliminating programs that do not serve the community. Strategic planning can be a holistic approach to address these challenges.
In 2056 Nevada City will celebrate the City’s bicentennial (200-year anniversary). In order for the City to reach its destination or long-term goals by that point it is essential that the City initiate a strategic planning process; that the process yield a dynamic, flexible and adaptable plan; and that the City pursue continuous quality improvement through exercising the planning process over time.
What Has Nevada City Done for Strategic Planning in the Past? The City has previously conducted task based strategic planning. This process involved the City Council working with staff to create a list of task level activities to be completed within each year. The previous process did not involve broad stakeholder input; it did not assess the City’s mission, vision, and values; it did not create a S.W.O.T. analysis; and it did not establish broad initiatives to drive the City’s actions over a fiveyear period. Fundamentally, the City has not undergone a comprehensive Community-Driven Strategic Planning Process in the past.
City of Nevada City Strategic Plan 2022-2027 12
Setting the Foundation for Strategic Planning
The City Council provided direction for a course change in the functioning of the City and the interaction between the City and its stakeholders in 2020. Several key actions and steps were necessary to begin the strategic planning process including:
• Deciding to retain and enhance the Nevada City Police Department • Hiring a new City Manager
• Building back the relationship between City Hall, City Council, and the community • Hiring a Chief Financial Officer
• Delivering an on-time budget for fiscal year 2022/2023 • Completion of the audit backlog
• Building a relationship with the Chamber of Commerce and businesses • Transitioning out of crisis mode for COVID-19
• Establishing an outdoor dining ordinance
• Electing a new City Council and seating a new Mayor and Vice-Mayor in 2022 • Hiring new Police Chief
• Beginning the transition to a Community Oriented Policing (C.O.P.) model • Hiring new police officers and purchasing new police vehicles • Completing storm damage repair and securing disaster funding for the costs incurred • Initiating a Parking Demand Study
Each of these accomplishments paved the way for the City Council to be able to build a strategic plan on a solid foundation with input from all stakeholders.
What is a Community-Driven Strategic Plan?
Successful organizations, from government agencies to Fortune 500 companies, have recognized that attaining community focus is essential. Aware of this necessity, Nevada City must strategically plan how we will deliver high-quality products and services to the public through better, more efficient and/or less expensive programs.
Community-Driven Strategic Planning includes leveraging stakeholder input at various levels including: the City Council, residents, visitors, business investors, and City employees. The findings of the stakeholders will be funneled into the process for the City Council to create Vision 2056: The Roadmap to Nevada City’s Bicentennial (the Nevada City Strategic Plan) with input and debate from all.
Community-Driven Strategic Planning creates a platform for a wide range of beginnings. The approach comes to life by being shared, debated, and implemented in the context of organizational realities. In the context of Nevada City, Community-Driven Strategic Planning can appear to take away the decision-making ability of the City Council or future City Councils after the implementation of the plan. In truth, Community-Driven Strategic Planning simply provides a comprehensive and holistic evaluation of the City from the perspective of all stakeholders allowing the current and future City Councils to make immediate and long-term decisions based upon the needs of the community matched with the current and future resources.
City of Nevada City Strategic Plan 2022-2027 13
Community-Driven Strategic Planning Actions
1. Review the Mission Statement, giving careful attention to the services and programs currently provided, and which logically can be provided in the future.
2. Review the Vision Statement.
3. Review the Values Statements.
4. Conduct as S.W.O.T. Analysis
a. Identify the Strengths of the organization.
b. Identify any Weaknesses of the organization.
c. Identify areas of Opportunity for the organization.
d. Identify potential Threats to the organization.
5. Determine strategic initiatives for organizational improvement.
Community-Driven Strategic Planning Process
Interim Strategic Initiatives & Goals for the City were adopted by the City Council in the fiscal year 2022/2023 budget. Previously adopted goals and direction from the City Council were incorporated into these items to create a point of reference for stakeholder review of initiatives and goals for the City.
Two Community Strategic Planning Workshops were conducted in person after a social media, radio, and print media campaign to encourage public participation in the process. A similar process was used to conduct a Planning Commission Strategic Planning Workshop. A workshop for City Employees was conducted on the same topics as the Community and Commission iterations. A Strategic Planning Survey Instrument was deployed on the City website including questions aligned with the input received from the workshops. The stakeholder participation prior to the City Council Strategic Planning Workshop included:
*The City has continued to collect survey data and now has more than 350 total participants.
City Council Strategic Planning Workshop
During the City Council Strategic Planning Workshop on September 21, 2022, the input from stakeholder was reviewed by the City Council and direction was provided with regard to topics for inclusion in a DRAFT Strategic Plan for future review of the City Council. The focus areas included the City’s Mission, Vision, Values, S.W.O.T. Analysis, and Strategic Initiatives.
City of Nevada City Strategic Plan 2022-2027 14
City Council Review of the Draft Strategic Plan
The Draft Strategic Plan was presented at the City Council meeting on October 12, 2022, where the City Council provided comment on language used, the Goals within each Strategic Initiative, the use of City Council Committees to solicit additional stakeholder input on Goals within each Strategic Initiative, and any other recommended changes.
A second Draft Strategic Plan was posted online for community and City Council review on October 21, 2022, with feedback collected through November 4, 2022. All needed changes have been reflected in this document for consideration of adoption by the City Council at the November 9, 2022, Regula City Council Meeting.
Next Steps
• Work will begin on Objectives that have near-term completion deadlines upon adoption of the plan. • The City’s Fiscal Year 2023/2024 Budget will include tasks and objectives assigned to specific departments to execute the Goals of the Strategic Plan under established timelines. • Progress on achievements within the Strategic Plan will be reported within each Budget and Mid-Year Budget process and the City Council will review and update the Strategic Plan under the same intervals or more frequently if needed.
City of Nevada City Strategic Plan 2022-2027 15
STRATEGIC PLAN CHANGES SINCE FIRST DRAFT
In addition to spelling, punctuation and other non-substantiative change, the following changes were made after the October 12, 2022, City Council review of the Draft Strategic Plan and are incorporated in the draft Strategic Plan above:
• The Strategic Plan At-A-Glance was updated to reflect the description change of the Nisenan embedded strategic initiative and the description change in the Vibrancy strategic initiative • Strategic Planning Process moved to end of the document SWOT
• Changed “Preserved lack of protection and safety” to “perceived” under weakness • Changed duplicate public works department under strengths to “community clean-up” Nisenan Embedded initiative
• Changed description to “Support for and collaboration with the Nevada City Rancheria Nisenan Tribe”
Technology Embedded initiative:
• Removed “without” from description
Housing:
• Changed goal to “Support the housing needs of the Nisenan”, • Added goal: Reimplement the short-term rental program to align with objectives established from the housing needs analysis
Fire:
• Added goal: Provide community outreach and education on and complete functional exercises of emergency evacuation routes
• Added goal: Develop programs to address the community needs for fuels mitigation and consider the development of low-income and access and functional needs programs supportive of compliance with the City’s existing vegetation management ordinance requirements Water:
• Changed description to include “and wastewater treatment capabilities” • Changed goal to “Engage stakeholders on the topic of service delivery and capital improvement costs in relation to maintaining a sustainable water supply for the community” • Moved from infrastructure goal: Review the existing Water / Wastewater Master Plan and update the plan
• Committee names added
• Specific grant programs identified in goal
Business:
• Added goal: Support tourism as a funding stream for our businesses • Added goal: Work with businesses to actively curate the eclectic mix of uniquely Nevada city businesses within the community and actively seek to recruit and retain businesses from outside the City
• Updated goal: Engage all city businesses to determine their needs and demands and track variations by area and business type
City of Nevada City Strategic Plan 2022-2027 16
Vibrancy:
• “Diversity” replaced with “Distinction” in description • Updated goal: Create a 7-Hills specific plan that includes a pathway to redevelopment that considers:
rebranding, housing, business, art, and parks
• Added goal: Evaluate the timing, formation, and mission of a Nevada City Arts Commission • Specific grant programs identified in goal
Infrastructure:
• Removed goal to review and update water/wastewater master plan and added to Water strategic initiative
Parks:
• Removed goal on water use and added to Water strategic initiative • Committee names added
City of Nevada City Strategic Plan 2022-2027 17
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: November 9, 2022 Agenda Item No. 09
Subject: Consideration of Resolution 2022-68: A Resolution of the City Council of the City of Nevada City Adopting the City of Nevada City 2023 Legislative Platform and Authorizing the Mayor and City Manager to Have Signature Authority for
Letters of Advocacy.
From: Sean Grayson, City Manager
Date: November 4, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Receive a report and adopt the resolution.
ISSUE STATEMENT AND DISCUSSION:
On September 21, 2022, the City Council conducted a strategic planning workshop and established four (4) embedded strategic initiatives of: Nisenan, Climate, Technology, and Engagement; and seven (7) priority strategic initiatives of: Housing, Fire, Water, Business, Vibrancy, Infrastructure, and Parks. Adoption of these initiatives in addition to City Mission, Vision, Statements of Values, SWOT Analysis, and goals for strategic initiatives are scheduled for the November 9, 2022, City Council meeting where the 2022-2027 Strategic Plan is recommended to be approved. Using the City Council priorities from the strategic planning process and the established strategic initiatives, staff created legislative positions and priority projects as the City’s proposed 2023 Legislative Platform.
The Legislative Platform is a tool for the City to navigate through the legislative landscape. The document outlines the City’s position on priority and important matters. This Legislative Platform allows Council Members and City staff to address and take immediate action on legislative and regulatory issues at the Federal, State and regional levels. This Legislative Platform allows the City to integrate, where practical, with the Federal, State and regional advocacy performed by the County of Nevada and other allied governmental agencies in the area. The Legislative Platform also allows the City to support non-profit organizations where their pursuits align with the document.
Approval of the Legislative Platform streamlines the City's process and allows City staff to effectively respond and take immediate action on pressing legislation under City Council direction. Federal and state legislative proposals and policies consistent with the Legislative Platform may be supported by the City.
Policies and proposals inconsistent with this Legislative Platform may be opposed by the City. For proposed legislation, either consistent with or in opposition to the Legislative Platform, City staff shall be authorized to prepare position letters for the City Manager and/or Mayor to sign. Where and item falls outside this Legislative Platform, staff shall bring the matter to the City Council should action or a position need to be taken. Staff is authorized to engage the County of Nevada staff to include items from this Legislative platform with the County’s platform and to seek shared advocacy on aligned issues.
The County of Nevada has offered to partner with the City to include advocating for the City on and including positions and projects that are aligned between the two agencies. The County is in the process of adopting their 2023 Legislative Platform and requires submission from the City by November 14, 2022.
Despite this narrow timeline, this Legislative Platform is a living document that can and should be updated consistent with strategic initiatives and the annual budget adoption. The priority projects section may be updated with any change to the City’s adopted Capital Improvement Program (CIP). The City Council may at any time amend this document or take action at a City Council meeting to add, amend or delete the City’s position on any topic.
This Legislative Platform is aligned with the City’s Statement of Values and consistent with and expands upon other City guiding documents including the City’s General Plan, Municipal Code, and current Strategic Plan. The document identifies Legislative Positions and Priority Projects within each of the seven (7) Strategic Initiatives adopted by the City Council in the 2022-2027 Strategic Plan as well as within the foundational legislative principles of Continuity of City Government through: Preservation of Local Control; Promotion of Fiscal Sustainability; and Support for Diverse Funding Opportunities for Services.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Not applicable.
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 2022-68
2023 Legislative Platform
RESOLUTION NO. 2022-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY ADOPTING THE CITY OF NEVADA CITY 2023 LEGISLATIVE PLATFORM AND
AUTHORIZING THE MAYOR AND CITY MANAGER TO HAVE SIGNATURE
AUTHORITY FOR LETTERS OF ADVOCACY
WHEREAS, the City of Nevada City City Council adopted the 2022-2027 Strategic Plan on November 9, 2022, outlining strategic initiatives for the City; and WHEREAS, the City of Nevada City has had an opportunity to review developing legislation and collaborate with County of Nevada, regional, state and national stakeholders to identify legislative priorities, actions, and positions; and WHEREAS, the City Council and City staff identified legislative positions and funding requests through adoption of the Strategic Plan and its initiatives and goals; and WHEREAS, the County of Nevada County Executive Office has offered jurisdictional partnership with the City of Nevada City to identify areas of synergy for collaborative advocacy efforts for the benefit of the County and the City of Nevada City; and WHEREAS, the 2023 Legislative Platform incorporates legislative positions and priority projects to help guide advocacy efforts and provide the City increased flexibility to quickly respond and proactively advocate for positions that promote the City's priorities and to address fiscal, programmatic or unfunded mandated threats to the City's core services and values; NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Nevada City adopts the attached 2023 Legislative Platform for guidance and use by all City staff and departments and legislative advocacy activity.
BE IT FURTHER RESOLVED, that the City Manager is directed to use the Legislative Platform for the implementation of the 2022-2027 Strategic Plan; the 2023/24 Fiscal Year Budget; the creation and signature of Letter of Advocacy appropriate for transmittal by City staff; the management of City operations, programs and services; and to quickly respond and proactively advocate to address fiscal, programmatic or unfunded mandated threats to the City's core services and values.
BE IT FURTHER RESOLVED, that the Mayor is authorized to conduct legislative advocacy, including signing and submitting Letters of Advocacy, on behalf of the City Council in accordance with the 2022 Legislative Platform that includes the following:
1. For Letters of Advocacy on behalf of the City Council, the City Manager shall determine and provide recommendations to the Mayor on positions captured in the 2023 Legislative Platform for the Mayor's consideration, approval, and signature.
2. All City Councilmembers shall be copied on all approved and submitted Letters of Advocacy.
3. Any Letter of Advocacy regarding an issue that is not captured in the 2023 Legislative Platform must be approved by the City Council
.
PASSED AND ADOPTED at the regularly scheduled meeting of the Nevada City, City Council held on the 9th day of November 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____
Doug Fleming, Mayor
ATTEST:
Niel Locke, Deputy City Clerk
· City Hall · 317 Broad Street · Nevada City, California 95959 · · Phone: (530) 265-2496 · Website: NevadaCityCA.Gov ·
City of Nevada City
Legislative Platform
2023
City Council
Doug Fleming, Mayor
Daniela Fernández, Vice Mayor
Gary Petersen, Councilmember
Adam Kline, Councilmember
Lou Ceci, Councilmember
City Clerk
Niel Locke
Executive and Management Staff
Sean Grayson, City Manager
Dean Pucci, City Attorney
Victoria Knoll, Chief Financial Officer
Gabrielle Christakes, Deputy City Clerk / Administrative Services Manager Sam Goodspeed, Fire Division Chief
Dan Foss, Police Chief
Bryan McAlister, Public Works Director / City Engineer
Amy Wolfson, City Planner
Dawn Zydonis, Parks and Recreation Manager
Shane Kinne, Public Works Superintendent
Michael Faudoa, Chief Plant Operator
Table of Contents
Table of Contents ...................................................................................................................................................................2 Legislative Platform Infographic...................................................................................................................................3 About This Legislative Platform....................................................................................................................................3 The Legislative Platform in Action...............................................................................................................................3 A Living Document................................................................................................................................................................3 Legislative Positions by Strategic Initiative............................................................................................................4 Legislative Positions by Foundational Legislative Principles.......................................................................8 Priority Projects by Strategic Initiative.....................................................................................................................9 City of Nevada City 2023 Legislative Platform 2
About This Legislative Platform
The Legislative Platform is a tool for the City to navigate through the legislative landscape outside the City. The document outlines the City’s position on priority and important matters. This Legislative Platform allows Council Members and City staff to address and take immediate action on legislative and regulatory issues at the Federal, State, and regional levels. This Legislative Platform allows the City to integrate, where practical, with the Federal, State and regional advocacy performed by the County of Nevada and other allied governmental agencies in the area. The Legislative Platform also allows the City to support non-profit organizations, through letters of support and other measures, where their pursuits align with the document.
The Legislative Platform in Action
Approval of the Legislative Platform streamlines the City's process and allows City staff to effectively respond and take immediate action on pressing legislation under City Council direction.
Federal and state legislative proposals and policies consistent with the Legislative Platform may be supported by the City. Policies and proposals inconsistent with this Legislative Platform may be opposed by the City. For proposed legislation, either consistent with or in opposition to the Legislative Platform, City staff shall be authorized to prepare position letters for the City Manager and/or Mayor to sign. Where and item falls outside this Legislative Platform, staff shall bring the matter to the City Council should action or a position need to be taken. Staff is authorized to engage the County of Nevada staff to include items from this Legislative platform with the County’s platform and to seek shared advocacy on aligned issues.
A Living Document
This Legislative Platform is aligned with the City’s Statement of Values and consistent with and expands upon other City guiding documents including the City’s General Plan, Municipal Code, and Strategic Plan. The document identifies Legislative Positions and Priority Projects within each of the seven (7) Strategic Initiatives adopted by the City Council in the 2022-2027 Strategic Plan as well as within the foundational legislative principles of Continuity of City Government through:
Preservation of Local Control; Promotion of Fiscal Sustainability; and Support for Diverse Funding Opportunities for Services. The Legislative Platform is a living document that can and should be updated consistent with strategic initiatives and the annual budget adoption. The City Council may at any time amend this document or take action at a City Council meeting to add, amend or delete the City’s position on any topic.
City of Nevada City 2023 Legislative Platform 3
Legislative Positions by Strategic Initiative
Workforce and affordable housing, supportive of leasing local, and maintenance of homeowner value
Regional Housing Needs Allocation Methodology and Climate Change (STATE) • Support legislation that incorporates impacts associated with climate change, including emergency evacuation route capacity, and wildfire in methodology used to determine regional housing needs allocations (RHNA)
Affordable Housing (STATE & FEDERAL)
• Support legislative efforts to encourage affordable, workforce, senior, tribal, and special needs housing developments in rural communities and financing mechanisms for investors and homeowners
Homelessness Program Funding (STATE & FEDERAL)
• Support proposals to increase funding for shelter, housing and services for individuals experiencing homelessness in rural communities
Land Use: Housing Element Flexibility (STATE)
• Advocate for proposals that provide for flexibility in how rural communities designate parcels for specific zoning in order to meet housing development requirements • Support legislation that allows for credit toward Regional Housing Needs Allocations into higher categories for generation higher that need in low- and moderate-income categories Wildfire and structural fire prevention, mitigation, and education
Residential and Commercial Property Insurance: Wildfire Risk (STATE) • Support legislation that provides greater access to, and transparent and consistent riskmodeling related to residential and commercial property insurance covering wildfire insurance that balances consumer protections and extreme risks faced by the insurance industry Tree Mortality and Fire Protection (STATE & FEDERAL)
• Support proposals to secure funding to address tree mortality on local, state, federal, and private lands to reduce fire hazard and promote forest and watershed health City of Nevada City 2023 Legislative Platform 4
Vegetation Management Environmental Review (STATE & FEDERAL) • Support legislation and rulemaking to allow for expedited vegetation removal along public roads and other essential, critical, and water infrastructure by state and local agencies Wildfire Mitigation Sustainability (STATE & FEDERAL)
• Advocate for ongoing sustainable funding for wildfire mitigation projects and programs including direct funding allocations to local jurisdictions and County Office of Emergency Services
Board of Forestry and Fire Safety Regulations (STATE)
• Support reasonable legislation and regulatory actions that provide fire safety regulations and home hardening requirements that mitigate wildfire but oppose legislation or regulatory action that threaten local control over land use development in rural counties • Support legislation that streamlines the ability to take, transport, and dispose of tree products for hazard mitigation separate from wood product forestry regulations Maintenance of cost efficient, reliable, resilient, and sustainable drinking and irrigation water sources and
wastewater treatment capabilities
Drought Planning and Water Supply (STATE & FEDERAL)
• Support efforts to increase funding for drought planning Wastewater and Wastewater Infrastructure (STATE & FEDERAL) • Support direct capital investment funding for infrastructure construction for water and wastewater distribution, collection, and treatment
Federal Lands Acquisition (FEDRAL)
• Advocate for the streamlined acquisition of federal lands and their transfer to local jurisdictions when related to critical infrastructure including water collection, storage and treatment Business, industry, and cannabis support
Economic Development and Redevelopment (STATE)
• Support efforts to allocate funds for economic development and redevelopment of underserved and utilized areas
City of Nevada City 2023 Legislative Platform 5
• Advocate for funds to plan for the redevelopment of the Nevada City Courthouse and its community economic engine aligned with the construction of a new off-site courthouse Tourism Support (STATE)
• Advocate for local tourism support through existing state and regional programs Workforce Development, Training, and Internships (STATE) • Support funding to enhance and expand employment and training programs targeted at job needs in rural communities
Cannabis Banking (FEDERAL)
• Support efforts to reform federal banking regulations that restrict banking services to a legitimate marijuana or hemp-related business.
Cannabis Regulation (STATE & FEDERAL)
• Support legislative efforts to clarify consistent state regulation, protect local control of cannabis allowable activities, and fund enforcement and public health activities • Oppose legislation that restricts or removes local control or regulation of cannabis cultivation and commercial / medical cannabis operations
Arts, Culture, and Distinction
Sustainable Funding for Arts and Cultural Districts (STATE) • Support sustainable funding for the Nevada City / Grass Valley Cultural District and associated arts and cultural programs and activities
Arts and Artisan Support (FEDERAL)
• Support sustainable funding for public art and the education, housing, and support of artisans to produce and maintain public art through established and expanded federal art grants, programs and endowments
Parking, Roads, Right-of-Way, and other public and
contracted infrastructure
City of Nevada City 2023 Legislative Platform 6
Renewable Energy Support for Rural Communities (STATE & FEDERAL) • Advocate for legislation to support the placement of renewable energy sources in rural communities
• Support sustainable funding for solar infrastructure in rural communities Electric Vehicles and Infrastructure for Rural Communities (STATE & FEDERAL) • Support sustainable funding to expand electric vehicles in rural community fleets and for public access to electric vehicle charging infrastructure
Broadband Infrastructure (STATE & FEDERAL)
• Advocate for legislation and rulemaking that removes bureaucratic hurdles and allows for expedited access to broadband infrastructure in rural communities • Support legislation that makes funds available for planned community access broadband infrastructure
Climate Adaptation and Resiliency Planning (STATE & FEDERAL) • Support legislation to fund local, regional, and state Climate Adaptation and Resiliency Planning and integration of the plans at all levels
Parks, Open Space, Recreation, Programming, and
Community Facilities
Open Space Recreation (STATE)
• Advocate for state resources for outdoor recreation and trails and funds to connect state, regional, county, and local open space amenities
Park Facilities and Programming for Rural Communities (STATE) • Advocate for funding for park facilities and programming for rural communities with an emphasis or regionalization of service over population count and disadvantaged community loci
State Park Continuity to Local Recreation Amenities (STATE) • Support legislation and rulemaking that prioritizes the connection of State Park locations and resources to local recreation amenities in adjoining jurisdictions City of Nevada City 2023 Legislative Platform 7
Legislative Positions by Foundational Legislative Principles Continuity of City Government through Preservation of
Local Control; Promotion of Fiscal Sustainability; and
Support for Diverse Funding Opportunities for Services
Local Revenue (STATE & FEDERAL)
• Oppose efforts to decrease, restrict, eliminate, or otherwise alter local autonomy of revenues Preserve Local Control (STATE & FEDERAL)
• Oppose legislation that does not recognize California’s diversity including rural community differences and the need for local government autonomy in addressing the problems of services provided to our residents, businesses and customers
State and Federal Mandates (STATE & FEDERAL)
• Support full funding to ensure that states and federal mandates are cost-neutral to the City Impact and Development Fees (STATE)
• Oppose legislation that caps, removes, or alters Impact and Development fees without local control or summarily creates any unfunded mandate through deferral or other development incentive programs
Organic Waste and Recycling (STATE)
• Advocate for flexible rule making for SB1383 organic waste requirements and for funding to support organic waste biodigestion and power cogeneration facilities and infrastructure Disaster Reimbursement (STATE & FEDERAL)
• Advocate for timely reimbursements associated with declared states of emergency and subsequent recovery efforts
FEMA Funding (FEDERAL)
• Advocate for Hazard Mitigation Grant Program (HMGP), Assistance to Firefighter Grant (AFG), SAFER, and other FEMA grant funds and for timely award notification and fund distribution Public Safety Power Shutoffs (PSPS) (STATE)
• Support PSPS and Enhanced Powerline Safety Settings (EPSS) event legislation and rule-making that ensures maximum communication between local governments, notification of all impacted residents and businesses, special provisions for access and functional needs of those impacted, back-up generation and critical infrastructure funding, and necessary reimbursement funding for PSPS and EPSS related costs to local jurisdictions
City of Nevada City 2023 Legislative Platform 8
Priority Projects by Strategic Initiative
Workforce and affordable housing, supportive of leasing local, and maintenance of homeowner value
Public/Private Workforce Housing and Retail Development Redevelop a city-owned parcel of land on Zion Street into housing focused on meeting the residential needs of the local workforce (commonly referred to as the “missing middle” that is generally not eligible for low-income housing programs) with integrated retail offerings.
Pre-Approved Accessory Dwelling Unit (ADU) Design
Develop an ADU design that is preapproved by the City for conformance with the City’s objective design standards. This plan will be available to those with interest in ADUs without having to go through the individual project review process.
Wildfire and structural fire prevention, mitigation, and education
Wildfire Mitigation of Escape Routes and Road Hardening Develop and implement a citywide program to reduce fuels and harden roads in support of emergency escape routes. This project includes integration of electrical utility undergrounding in high-hazard areas.
Nevada City Deer Creek Hazardous Fuels Treatment Project Fuels modifications for approximately 300 acres of very-high fire severity risk area as well as ingress and egress (vegetation management for evacuation routes) protecting businesses, residents, Deer Creek and Seven Hills schools, and critical infrastructure in the region.
Green waste collection and disposal facility
Identify, secure and operationalize a site for the collection and disposal of green waste.
Maintenance of cost efficient, reliable, resilient, and sustainable drinking and irrigation water sources and
wastewater treatment capabilities
South Pine Street Sewer Main Project
The project will replace 0.6 miles of sewer main that is greater than 110 years old providing for reliable and environmentally secure wastewater collection in the area.
Nevada Street Water Main Project
The project will replace 0.5 miles of water main, fire hydrants, service laterals, and valves providing for reliable water distribution in the area. The water main being replaced is 140 years old and undersized. The replacement water main shall be appropriately sized to accommodate the land use designated in the General Plan.
City of Nevada City 2023 Legislative Platform 9
SMART Meter Replacement for Water Delivery
Replace nearly 1200 existing meters that are near end-of-life with smart meter technology that benefits the customer, the environment and the City.
Business, industry, and cannabis support
Citywide Economic Development Plan
Create a plan for public and private economic development leveraging existing economic impact analysis for community sectors.
Arts, Culture, and Distinction
Redevelopment Plan for 7-Hills District
Create a plan for redevelopment of public and private assets in the 7-Hills District including a focus on public art, business development, a walkable environment, and transitions to existing transportation infrastructure.
Arts Commission Initiation
Implement an Arts Commission within the City aligned with the City’s strategic plan and the work of the Nevada County Arts Council.
Parking, Roads, Right-of-Way, and other public and
contracted infrastructure
Searls Avenue and Boulder Street Sidewalk Project
Construct sidewalk along Searls Avenue between Valley Street and Sacramento Street and construct sidewalk on the south side of Boulder Street. This project provides continuity of sidewalks in the area allowing for an enhanced walkable community and safe routes to schools.
Nevada Street Bridge Project
Replace the existing structurally deficient Nevada Street Bridge over Deer Creek with a new bridge.
The proposed bridge will be 68-feet long by 44-feet wide. Bridge approach reconstruction will include approximately 160 feet of Nevada Street north of the bridge and 200 feet south of the bridge into Broad, Boulder and Sacramento Streets intersection. Additional work will include utilities, drainage, grading, paving and sidewalk improvements.
Zion Street, Ridge Road, Nevada City Highway 9-Way Intersection Project Redesign the existing 8-way stop and 1-way yield intersection for vehicular and pedestrian safety and efficiency of travel. The project includes the addition of continuity of sidewalk on Zion Street and the integration of a new public transit stop.
City of Nevada City 2023 Legislative Platform 10
Electric Vehicles and Infrastructure for Rural Communities Implement phase 1 (10%) of City fleet replacement with electric and plugin hybrid vehicles.
Aligned with the parking system expansion master, plan deploy electric vehicle chargers for City vehicles and the Nevada Street and Spring Street public parking lots.
Broadband Infrastructure
Plan for and implement broadband infrastructure using City right-of-way, private utility resources, and private infrastructure in unserved and underserved portions of the City.
Climate Adaptation and Resiliency Planning
Develop a Climate Adaptation and Resiliency Plan as an element to the City’s general plan.
Parks, Open Space, Recreation, Programming, and
Community Facilities
Expand 7-Hills Middle School Fields and Transition to Public Park Project Convert the 7-Hills Middle School Fields into year-round turf sports fields with shared use as a community park.
Nevada City Skate Park Project
Develop a plan for the location and construction of an inclusive outdoor recreation facility with integrated skate park.
City of Nevada City 2023 Legislative Platform 11