Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
THURSDAY December 15, 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
In Memoriam: James “Jim” Anderson
City Partner Introduction: Sierra Streams Institute
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 November 9, 2022, Regular Meeting
Recommended Action: Review and approve the minutes
2. Accounts Payable – November 2022
Recommended Action: Receive and file the report
3. Police Activity Report November 2022
Recommended Action: Receive and file the report
4. Building Activity Report November 2022
Recommended Action: Receive and file the report
5. Fire Activity Report October 2022
Recommended Action: Receive and file the report
6. Business Development Fee Waiver Program Activity Report November 2022 Recommended Action: Receive and file the report
7. Consideration of Adoption of Resolution No. 2021-44: A Resolution of the City Council of the City of Nevada City Making the Legally Required Findings to Continue to Authorize the Conduct of Remote “Telephonic” Meetings During the State of Emergency
Recommended Action: Reconfirm the resolution
8. Consideration of Adoption of Resolution No. 2022-70: An Authorizing Resolution for a REAP 2.0 Grant Application
Recommended Action: Adopt the resolution
9. Consideration of Adoption of Resolution No. 2022-71: A Resolution of the City Council of the City of Nevada City Adopting the City Council and Planning Commission Meeting Schedule for 2023
Recommended Action: Adopt the resolution
10. Consideration of the Special Event Street Closure Request for the Menorah Lighting and Display in Robinson Plaza
Recommended Action: Adopt the resolution
BUSINESS
11. Consideration of the South Yuba River Citizens League (SYRCL) Request for Monetary Sponsorship in the Amount of $2500, Fee Waiver for City Facility Use, and Special Event Street Closure Request for the 2023 Wild & Scenic Film Festival Recommended Action: Receive a presentation from the applicant, review, approve, and authorize the sponsorship, fee waiver, and special event street closure requests per the submitted application
12. Consideration of an Agreement with the Nevada City Chamber of Commerce for the Provision of Public Benefit Services and a Commercial Lease Agreement for 130 Main Street, Nevada City, and Authorize the City Manager to Execute the Agreement and Lease
Recommended Action: Receive a presentation from the Chamber of Commerce, review, approve, and authorize the City Manager to execute the agreement and lease
13. Consideration of the Purchase of Two New Chevrolet Tahoe Police Patrol Vehicles from Future Chevrolet of Sacramento in the Amount of $126,843.42 and Authorize the City Manager to Rescind the Previously Issued Purchase Order to Enterprise for the Vehicles
Recommended Action: Approve the purchase and authorize the rescinding of the previous purchase order
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 December 15, 2022, Regular Meeting of the Nevada City City Council was posted December 9, 2022, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed December 9, 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
THURSDAY December 15, 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
In Memoriam: James “Jim” Anderson
City Partner Introduction: Sierra Streams Institute
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 November 9, 2022, Regular Meeting
Recommended Action: Review and approve the minutes
2. Accounts Payable – November 2022
Recommended Action: Receive and file the report
3. Police Activity Report November 2022
Recommended Action: Receive and file the report
4. Building Activity Report November 2022
Recommended Action: Receive and file the report
5. Fire Activity Report October 2022
Recommended Action: Receive and file the report
6. Business Development Fee Waiver Program Activity Report November 2022 Recommended Action: Receive and file the report
7. Consideration of Adoption of Resolution No. 2021-44: A Resolution of the City Council of the City of Nevada City Making the Legally Required Findings to Continue to Authorize the Conduct of Remote “Telephonic” Meetings During the State of Emergency
Recommended Action: Reconfirm the resolution
8. Consideration of Adoption of Resolution No. 2022-70: An Authorizing Resolution for a REAP 2.0 Grant Application
Recommended Action: Adopt the resolution
9. Consideration of Adoption of Resolution No. 2022-71: A Resolution of the City Council of the City of Nevada City Adopting the City Council and Planning Commission Meeting Schedule for 2023
Recommended Action: Adopt the resolution
10. Consideration of the Special Event Street Closure Request for the Menorah Lighting and Display in Robinson Plaza
Recommended Action: Adopt the resolution
BUSINESS
11. Consideration of the South Yuba River Citizens League (SYRCL) Request for Monetary Sponsorship in the Amount of $2500, Fee Waiver for City Facility Use, and Special Event Street Closure Request for the 2023 Wild & Scenic Film Festival Recommended Action: Receive a presentation from the applicant, review, approve, and authorize the sponsorship, fee waiver, and special event street closure requests per the submitted application
12. Consideration of an Agreement with the Nevada City Chamber of Commerce for the Provision of Public Benefit Services and a Commercial Lease Agreement for 130 Main Street, Nevada City, and Authorize the City Manager to Execute the Agreement and Lease
Recommended Action: Receive a presentation from the Chamber of Commerce, review, approve, and authorize the City Manager to execute the agreement and lease
13. Consideration of the Purchase of Two New Chevrolet Tahoe Police Patrol Vehicles from Future Chevrolet of Sacramento in the Amount of $126,843.42 and Authorize the City Manager to Rescind the Previously Issued Purchase Order to Enterprise for the Vehicles
Recommended Action: Approve the purchase and authorize the rescinding of the previous purchase order
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 December 15, 2022, Regular Meeting of the Nevada City City Council was posted December 9, 2022, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed December 9, 2022, at Nevada City, California
____________________________________________________________ Gabrielle Christakes, Deputy City Clerk
1 CITY OF NEVADA CITY
ACTION MINUTES
REGULAR CITY COUNCIL MEETING OF NOV 9, 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 Fernàndez, seconded by Ceci to adopt the agenda as presented. (Approved 5-0) Fleming, Fernàndez, Petersen, Kline and Ceci
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 (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 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 2 Recommended Action: Reconfirm the resolution
6. consideration of Award of Contract with First Serve Productions Inc. in an Amount Not-ToExceed $27,120 for Tennis Court Resurfacing; Authorize a Project Contingency of 10%, Not-ToExceed $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 Action: Motion by Petersen, Seconded by Kline to approve items 1-7 Approved 5-0 Roll call vote ayes; Fleming, Fernàndez, Petersen, Kline and Ceci
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 Action: Motion by Fernàndez, seconded by Kline to Approve Resolution 2022-67Adopting the City of Nevada City 2022-2027 Strategic Plan
Approved 5-0 Roll call vote ayes; Fleming, Fernàndez, Petersen, Kline and Ceci
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 Action: Motion to Adopt Resolution 2022-68 Adopting the City of Nevada City 2023 Legislative Platform and Authorizing the Mayor and City Manager to Have Signature Authority for Letters of Advocacy
Approved 5-0 Roll call vote ayes; Fleming, Fernàndez, Petersen, Kline and Ceci CITY MANAGER AND COUNCILMEMBER REPORTS: Verbal report provided ADJOURNMENT: 8:09 PM
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Doug Fleming, Mayor
ATTEST:
____________________________
Niel Locke, City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: December 15, 2022 Agenda Item No. 02
Subject: Accounts Payable Activity Report November 2022 From: Sean Grayson, City Manager
Date: December 4, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
The attached Accounts Payable Report for November 2022 reviews the accounts payable and check register for the month.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None.
STRATEGIC PLAN ALIGNMENT:
This action, reporting on the program, is consistent with the embedded strategic initiative of Engagement:
Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
None.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Accounts Payable Report November 2022
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: December 15, 2022 Agenda Item No. 03
Subject: Monthly Statistical Crime Data November 2022
From: Dan Foss, Chief of Police
Date: December 6, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Receive and file.
ISSUE STATEMENT AND DISCUSSION:
Attached you will find the monthly statistical crime report for November for the Nevada City Police department. Areas of interest have been identified in the chart below:
Report Type Numbers Last Year This Year Percent Change
Misc. Info Report 2 7 500%
Auto Theft 2 1 -100%
Misdemeanor Arrest 5 8 300%
Adult Felony Arrest 8 7 -100%
Vandalism 8 3 -500%
General Theft 3 0 -300%
Traditionally law enforcement experiences an increase in property crime during the winter months, specifically from vehicle theft and package theft. As the shopping season increases, a few safety tips are suggested.
When shopping, it is never advisable to leave packages or bags visible and unattended in your vehicle. An experienced thief can enter your vehicle and retrieve all your valuable property in less than ten seconds. If you have a sedan, always utilize your trunk space if possible, and in most other vehicles, try to place the property in the rear, preferably concealed from public view. For packages, it is a good idea to have a specific area for packages to be dropped off that can conceal them from people driving by. Using foliage, home décor, or the construction features of your home (such as a pillar or fencing), having a designated spot to hide packages is very helpful. Remember, most thieves are opportunists, so making their job more difficult means they will likely move on to an easier target.
This month I would like to recognize Officer Amy Freeman for an investigative case that started in June of 2022. Officer Freeman was the primary officer on the case involving four suspects in multi-county catalytic converter thefts totaling tens of thousands in property theft and damage. This case is finally ending with several felony convictions, making our community a safer place. Attached is a photograph of the case, showing just how much time and work can go into one in-depth investigation. This report is well over 1000 pages in length. Good job, Officer Freeman.
Nevada City Police Department (NCPD) will always be available for comments and will notify the council of any concerns.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None.
ENVIRONMENTAL CONSIDERATIONS:
None.
LEGAL REVIEW:
None.
ATTACHMENTS:
November 2022 Case Report
Photo of Officer Freeman’s investigative report
CURRENT PERIOD SAME PERIOD LAST YEAR CHANGE
Type Number Percent Cleared* Percent Number Percent Cleared* Percent Number Percent Case Report Type
ANIMAL 0 0% 0 0% 1 2% 0 0% -1 -100%
ASSAULT - A 2 5% 0 0% 2 4% 0 0% 0 0%
ASSAULT - S 1 2% 0 0% 0 0% 0 0% 1 100%
AUTO THEFT 1 2% 0 0% 2 4% 0 0% -1 -100%
COURT ORDER 0 0% 0 0% 0 0% 0 0% 0 0%
DECEASED PERSON 1 2% 0 0% 0 0% 0 0% 1 100%
DISORDERLY 3 7% 3 100% 2 4% 1 50% 1 100%
DUI 1 2% 1 100% 0 0% 0 0% 1 100%
FOUND PROPERTY 4 10% 0 0% 7 15% 0 0% -3 -300%
FRAUD 0 0% 0 0% 1 2% 0 0% -1 -100%
GRAFFITI 1 2% 0 0% 0 0% 0 0% 1 100%
HIT-RUN-N 1 2% 0 0% 0 0% 0 0% 1 100%
LIQUOR LAWS 2 5% 2 100% 0 0% 0 0% 2 200%
LOST PROPERTY REPORT 1 2% 0 0% 0 0% 0 0% 1 100%
MENTAL HEALTH 1 2% 0 0% 0 0% 0 0% 1 100%
MISC INFO RPT 7 17% 0 0% 2 4% 0 0% 5 500%
MUNI CODE 2 5% 1 50% 0 0% 0 0% 2 200%
MVSTOP 0 0% 0 0% 0 0% 0 0% 0 0%
RESIST 1 2% 0 0% 0 0% 0 0% 1 100%
SEX OFFENSE 1 2% 0 0% 0 0% 0 0% 1 100%
THEFT 0 0% 0 0% 3 6% 1 33% -3 -300%
TOW 3 7% 0 0% 5 11% 0 0% -2 -200%
TRAFFIC COLLISION 2 5% 0 0% 1 2% 0 0% 1 100%
TRESPASS 1 2% 0 0% 0 0% 0 0% 1 100%
VANDALISM 3 7% 0 0% 8 17% 1 12% -5 -500%
WARRANT ARREST 1 2% 1 100% 2 4% 2 100% -1 -100%
Total Case Reports 40 8 36 5 4
CURRENT PERIOD SAME PERIOD LAST YEAR CHANGE
Type Number Percent Cleared* Percent Number Percent Cleared* Percent Number Percent Arrest Type
Adult Arrests Felony 4 31% 2 50% 3 38% 1 33% 1 100%
Adult Arrests Misd 8 62% 6 75% 5 62% 4 80% 3 300%
Juvenile Arrests Felony 0 0% 0 0% 0 0% 0 0% 0 0%
Juvenile Arrests Misd 0 0% 0 0% 0 0% 0 0% 0 0%
Warrant Arrests** 0 0% 0 0% 0 0% 0 0% 0 0%
All Other Arrests 1 8% 1 100% 0 0% 0 0% 1 100%
Total Arrests 13 9 8 5 5
RMS-185b v1.0 Printed 12/5/2022 1:31:37 PM Page 1 of 1 Total Pages * Cleared - Is determined by the case status where the case is cleared by an arrest or an exception. ** Arrest Type, Warrant Arrests - Are Warrant reports where warrant type = 'ARREST'.
CITY OF NEVADA CITY
317 BROAD ST.
POLICE DEPARTMENT
MONTHLY STATISTICAL REPORT
CLEARED BY CASE STATUS
REPORT PERIOD
November 2022
NEVADA CITY, CA 95959
(530) 265-4700
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: December 15, 2022 Agenda Item No. 04
Subject: Building Activity Report November 2022
From: Amy Wolfson, City Planner
Date: December 4, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
The attached Building Activity Report for November 2022 reviews the actions and activities for the month.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None.
STRATEGIC PLAN ALIGNMENT:
This action, reporting on the program, is consistent with the embedded strategic initiative of Engagement:
Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
None.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Building Activity Report November 2022
Date
Record
Number Description Address
11/29/2022 224376
DIGITAL: Fire Damage Repair (mainly to garage). Garage: Replace all 5/8 type x drywall, fire taped. Replace WH. Replace HVAC furnace, condenser, and ducting. New overhead garage door, opener, and battery backup. Repair any burnt outlets and switches. Replace utility cabinets, new light fixtures, new man door to back porch, new fire door from garage to master bath. Smoke seal attic framing and replace R38 blown insulation.Includes 3 inspections.
601 LONG STREET, Nevada
City CA 95959
11/23/2022 224321
Web: PPR Tear off and reroof with Owens Corning lifetime shingles on existing residence. No ducts in attic.This permit includes 1 inspection. Final inspection required. 409 SPRING STREET, Nevada
City CA 95959
11/23/2022 224320
Digital: Tear off existing roof on flat portion, install Duro-Last membrane cool roof.Inspector to verify sewer backflow prevention device installed.This permit includes one inspection. 201 HIGH STREET, Nevada
City CA 95959
11/23/2022 224317
Digital: 39 - REC N PEAK 2 365-Watt Modules with power optimizers, 1 - SolarEdge Energy Hub 11400H Inverter. 1 - EV charger.Sewer backflow prevention device already verified by City. Smoke & Carbon affidavit already on file - both uploaded to portal. Includes two inspections. Final required.
323 MONROE STREET,
Nevada City CA 95959
11/21/2022 224294
DIGITAL: TENANT IMPROVEMENT TO 1,728 SF WARM SHELL COMMERCIAL SPACE. WORK TO INCLUDE NEW BATHROOM & BREAK AREA.Includes 4 inspections. 353 PROVIDENCE MINE
ROAD, Nevada City CA
95959
11/18/2022 224276 Change of Occupancy from R3 to R1.This permit includes one inspection. Final required. 312 BROAD STREET, Nevada
City CA 95959
11/16/2022 224258 Digital. Reroof like for like cool comp 63 squares. 323 MONROE STREET,
Nevada City CA 95959
11/16/2022 224251 re roof like for like cool comp 30 squares 226 NEVADA STREET,
Nevada City CA 95959
11/15/2022 224220 Create a 406 square foot accessory dwelling unit in an existing residential basement. 412 SACRAMENTO STREET,
Nevada City CA 95959
11/15/2022 224219 Installing new 76.8 solar system on business. 870 GOLD FLAT ROAD,
Nevada City CA 95959
NOVEMBER 2022
Building Activity Report
11/15/2022 224218 Installing new 10.6kw PV system on home 211 REWARD STREET,
Nevada City CA 95959
11/15/2022 224213
Commercial Ramada 240sf at Nev Co Historical SocietyThis permit includes up to 3 inspections. Final inspection required.
161 NEVADA CITY
HIGHWAY, Nevada City CA
11/11/2022 224195
DIGITAL: Replacement of existing 172 sf deck.Existing guards to remain in place.Verification of sewer backflow preventer to be provided to inspector upon final inspection. Includes 2 inspections.
427 BROAD STREET, Nevada
City CA 95959
11/8/2022 224160
Digital: Nev Co Historical Society: Minor Remodel to Exterior Wall at Historic LibraryRemove steel roll up door. Infill wall. Add Steel man door and metal awning.No electrical, plumbing or mechanical. No change to building occupancy, exiting or footprint.This permit includes up to ? inspections. Final inspection required.
161 NEVADA CITY
HIGHWAY, Nevada City CA
95959
11/7/2022 224130
DIGITAL: Remodel main dwelling, including waste plumbing and water pipe replacement, installation of new windows like for like, electrical outlets in kitchen, foundation repair, and re-roof like for like shingles over living area. Remodel existing cabin into 1 bedroom 1 bathroom Accessory Dwelling UnitVerification of sewer backflow preventer installation to be provided to building inspector prior to final inspection.Includes 3 inspections. 320 AMERICAN HILL ROAD,
Nevada City CA 95959
11/3/2022 224110 WEB: Install 80K Btu furnace, natural gas. Replacing old floor furnace.1 inspection. 310 DRUMMOND STREET,
Nevada City CA 95959
11/1/2022 224076
Digital. New 10 panels Q Cell 400-Watt Modules with optimizers to existing 24 panel system.
Connect to existing system inverter. Per Nevada City - on septic. No backflow device required. Signed smoke & carbon affidavit on file and uploaded to Accela.This permit includes two inspections. Final required.
549 BROCK ROAD, Nevada
City CA 95959
11/1/2022 224075 Repair electrical service mast. 1 inspection. 518 NURSERY STREET,
Nevada City CA 95959
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: December 15, 2022 Agenda Item No. 05
Subject: Fire Activity Report – October 2022
From: Sam Goodspeed, Division Chief
Date: November 16, 2022
Reviewed & Approved:
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
The attached Fire Activity Report reviews the monthly responses for Nevada City Fire Station 5.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Not applicable.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Outside Unit Responses to Nevada City
Station 5 Incident Type Summary Report
Station 5 Response by District
City of Nevada City Incident Type Report
Basic Incident Date Time:
Basic Incident Zone/District Number (Fd1.32):
Apparatus Resource Id (Fd18.1):
Elite grsnev Outside Unit Responses to Nevada City
Total Responses Total Call Time in Minutes Average Time Spent on Call Apparatus Resource ID (FD18.1): B5112
2 59 30
Total: 2 Total: 59
Avg: 29.50
Apparatus Resource ID (FD18.1): B5113
1 28 28
Total: 1 Total: 28
Avg: 28.00
Apparatus Resource ID (FD18.1): Engine 84
4 112 28
Total: 4 Total: 112
Avg: 28.00
Apparatus Resource ID (FD18.1): Engine 86
4 135 34
Total: 4 Total: 135
Avg: 33.75
Apparatus Resource ID (FD18.1): Engine 90
8 214 27
Total: 8 Total: 214
Avg: 26.75
Apparatus Resource ID (FD18.1): Engine2362
1 24 24
Total: 1 Total: 24
Avg: 24.00
Apparatus Resource ID (FD18.1): Engine2384
1 15 15
Total: 1 Total: 15
Avg: 15.00
Apparatus Resource ID (FD18.1): Medic 3
1 22 22
Total: 1 Total: 22
Avg: 22.00
Apparatus Resource ID (FD18.1): Rescue 84
17 450 26
Total: 17 Total: 450
Avg: 26.47
Total: 39 Total: 1,059
Avg: 25.94
Report Criteria
Is Equal To Last Month
Is In 5 - Nevada City Stn 5, 5 - Station 5 - City, Nevada City Stn 5 Is Not In Batt 1, Batt 2, Batt 3, Brush 5, CPT11, Chief 1, Engine 1, Engine 2, Engine 201, Engine 202, Engine 205, Engine 5, OESE4104, OESE4609, P 2, P 3, P1, Squad 2, Truck 2, Utility 1, Utility 2, Utility 5, Utility 54 1 of 1 Printed On: 11/14/2022 08:24:27 AM
Elite grsnev Station 5 Incident Type Report (Summary)
Basic Incident Type Code And
Description (FD1.21)
Total
Incidents
Total Incidents Percent of
Incidents
Total Property
Loss
Total Content
Loss
Total
Loss
Total Loss Percent
of Total
Incident Type Category (FD1.21): 1 - Fire
111 - Building fire 4 4.21%
113 - Cooking fire, confined to container 1 1.05%
118 - Trash or rubbish fire, contained 1 1.05%
131 - Passenger vehicle fire 2 2.11%
Total: 8 Total: 8.42% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 2 - Overpressure Rupture, Explosion, Overheat (No Fire) 251 - Excessive heat, scorch burns with
no ignition
1 1.05%
Total: 1 Total: 1.05% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 311 - Medical assist, assist EMS crew 1 1.05%
321 - EMS call, excluding vehicle accident
with injury
45 47.37%
322 - Motor vehicle accident with injuries 2 2.11%
323 - Motor vehicle/pedestrian accident
(MV Ped)
1 1.05%
324 - Motor vehicle accident with no
injuries.
1 1.05%
Total: 50 Total: 52.63% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 412 - Gas leak (natural gas or LPG) 2 2.11%
463 - Vehicle accident, general cleanup 2 2.11%
Total: 4 Total: 4.21% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 5 - Service Call
551 - Assist police or other governmental
agency
1 1.05%
553 - Public service 3 3.16%
554 - Assist invalid 3 3.16%
561 - Unauthorized burning 1 1.05%
Total: 8 Total: 8.42% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 6 - Good Intent Call
611 - Dispatched and cancelled en route 13 13.68%
6111 - Holding in Quarters 1 1.05%
621 - Wrong location 1 1.05%
622 - No incident found on arrival at
dispatch address
1 1.05%
Total: 16 Total: 16.84% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 7 - False Alarm & False Call 733 - Smoke detector activation due to
malfunction
2 2.11%
743 - Smoke detector activation, no fire -
unintentional
2 2.11%
744 - Detector activation, no fire -
unintentional
1 1.05%
745 - Alarm system activation, no fire -
unintentional
3 3.16%
Total: 8 Total: 8.42% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Total: 95 Total: 100.00% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Report Criteria
1 of 2 Printed On: 11/14/2022 08:07:15 AM
Basic Incident Type (Fd1.21):
Apparatus Resource Id (Fd18.1):
Basic Incident Date - Derived (Fd1.3):
Is Not Blank
Is In Brush 5, Chief 5400, Engine 5, Utility 5
Is Equal To Last Month
2 of 2 Printed On: 11/14/2022 08:07:15 AM
Apparatus Resource Id (Fd18.1):
Basic Incident Date - Derived (Fd1.3):
Elite grsnev Station 5 Response by District
Basic Incident Zone/District Number (FD1.32) Number of Incidents 1 1 - Station 1 - City 6
2 - Station 2 - City 22
5 - Station 5 - City 41
NCC 54 4
NCC 84 13
NCC 86 5
NCC 87 1
NCC 91/92 1
Ophir Hill 1
Penn Valley 1
Report Criteria
Is In Brush 5, Chief 5400, Engine 5, Utility 5
Is Equal To Last Month
1 of 1 Printed On: 11/14/2022 08:07:15 AM
Basic Incident Zone/District Number (Fd1.32):
Basic Incident Postal Code (Fd1.19):
Basic Incident Date - Derived (Fd1.3):
Elite grsnev City of Nevada City Incident Type Report (Summary) Basic Incident Type Code And
Description (FD1.21)
Total
Incidents
Total Incidents Percent of
Incidents
Total Property
Loss
Total Content
Loss
Total
Loss
Total Loss Percent
of Total
Incident Type Category (FD1.21): 1 - Fire
111 - Building fire 1 2.13%
Total: 1 Total: 2.13% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 321 - EMS call, excluding vehicle accident
with injury
28 59.57%
324 - Motor vehicle accident with no
injuries.
2 4.26%
Total: 30 Total: 63.83% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 412 - Gas leak (natural gas or LPG) 1 2.13%
423 - Refrigeration leak 1 2.13%
440 - Electrical wiring/equipment problem,
other
1 2.13%
445 - Arcing, shorted electrical equipment 1 2.13%
463 - Vehicle accident, general cleanup 1 2.13%
Total: 5 Total: 10.64% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 5 - Service Call
553 - Public service 1 2.13%
554 - Assist invalid 2 4.26%
Total: 3 Total: 6.38% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 7 - False Alarm & False Call 743 - Smoke detector activation, no fire -
unintentional
3 6.38%
744 - Detector activation, no fire -
unintentional
1 2.13%
745 - Alarm system activation, no fire -
unintentional
4 8.51%
Total: 8 Total: 17.02% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Total: 47 Total: 100.00% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Report Criteria
Is In 5 - Station 5 - City, Nevada City Stn 5
Is Equal To 95959
Is Equal To Last Month
1 of 1 Printed On: 11/14/2022 08:07:09 AM
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: December 15, 2022 Agenda Item No. 06
Subject: Business Development Fee Waiver Program Activity Report November 2022
From: Sean Grayson, City Manager
Date: December 4, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
At the October 26, 2022, Regular City Council meeting, the City Council approved the Business Development and Sustainability Fee Waiver Program that was requested through City Council process and the development of the City’s Strategic Plan. The program purpose is to assist Nevada City businesses as they emerge from the impacts of COVID-19 and seek to sustain and expand business as well as to incentivize new businesses within Nevada City. The program went into effect on October 27, 2022 and ends June 30, 2023. The program is limited to the first $40,000 in approved fee waivers. Businesses are limited a maximum of $2000 in fee waivers. Eligible applicants include existing businesses operating in good standing in Nevada City with a current business license in the City. Businesses new to Nevada City are eligible applicants to waive payment of business license fee for one year and waive Seaman’s Lodge Rental fees and Special Event fees where applicable. Categories of fees eligible for fee waiver include the following:
• Business License or Home Occupation Permit
• Conditional Use Permit
• Minor Architectural Review: Like for Like Change
• Architectural Review: Non-Residential
• Sign Review
• Encroachment Permit: Parklet or Sidewalk Dining
• Encroachment Fees: Parklet
• In Lieu Parking Fee
• Seaman's Lodge Rental Fee for Business Use
• Special Event Fees for Business Generating Event
As of December 7, 2022, the City has approved 25 business applicants and issued $27,500 of fee credits of which $1,353 has been used by businesses to date. Twelve new businesses have acquired business licenses with the City under the program. Participating businesses include:
Tom Durkin Media Revive Organics, LLC Pearson Family Orchard Tanya Horton – Cleaning Service Move Fitness Studio Two Little Birds Boutique Lady Stardust Barrett Property Management, Inc. Emerald Bay Wellness DBA Emerald Bay Extracts B&S Boutique Brion’s Baking Co. F.M.O Inc (DBA The Onyx Theatre, Magic Theatre) Sierra FoodWineArt Hill Honey LLC The James Ranch
Nevada City Contact Improv Siteline Architecture Sugar Mill Bakery Friar Tuck's Restaurant and Bar Cardinal Care Transport, LLC Jeremy Gibson Mineau Innerlight Therapy Bistro 221 Weiss Masonry
Classic Cars West
FINANCIAL AND/OR POLICY IMPLICATIONS:
The $27,500 of issued fee credits represents 68.75% of the City Council authorized amount of $40,000 for the program. If volume remains consistent staff anticipates requesting an increase to the authorized limit of the program in January of 2023.
STRATEGIC PLAN ALIGNMENT:
The Business Development and Sustainability Fee Waiver Program was created consistent with the strategic initiative of Business: Business, Industry, and Cannabis Support. The program specifically addresses, in part, goal #8 of the initiative, “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.”
This action, reporting on the program, is consistent with the embedded strategic initiative of Engagement:
Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
None.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
None.
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: December 15, 2022 Agenda Item No. 07
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: December 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.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the embedded strategic initiative of Technology: using, upgrading, and leveraging the strengths of technology to enhance the work of the City.
ENVIRONMENTAL CONSIDERATIONS:
None
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Resolution No. 2021-44
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: December 15, 2022 Agenda Item No. 08
Subject: Consideration of Adoption of Resolution No. 2022- 70: An Authorizing Resolution for a REAP 2.0 Grant
Application
From: Amy Wolfson, City Planner
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Adopt the Resolution.
ISSUE STATEMENT AND DISCUSSION:
The REAP 2.0 Program has a total funding amount of $600 million from the State General Fund. Five percent of the funds have been set aside for the Tribal and Rural Allocation, for which Nevada City is considered an eligible applicant. REAP 2.0 is explicitly intended to meet multiple objectives – Infill Development, Vehicle Miles Traveled (VMT) reduction, and Affirmatively Furthering Fair Housing in ways that lead to transformative Policy Outcomes and accelerate the implementation of regional and local plans to achieve these goals.
The city recently conducted a comprehensive strategic planning process to determine goals for next five years. Among the objectives that came out of that process, was an overall objective aimed at supporting workforce and affordable housing opportunities, with a specific goal to "develop an ADU design with preapproval for the City’s objective design standards." PROPSED FUNDING REQUEST:
Staff is completing an application to fund development of three architectural review plans by an architectural firm selected after an RFP process. The three plans would meet the following parameters: a one-bedroom or studio plan that is under 750 sq ft, a two-bedroom plan that is between 800 and 1,000 sq ft, and a three-bedroom plan that does not exceed 1,200 sq ft. The funding request in the amount of $300,000 is based on an estimate by a local architect to develop full architectural plan sets, including the preliminary drafting and planning commission review phases of that development process, along with the cost of making up to 100 plans available free of charge to city residents for up to five years. Staff had initially sought to make plans available in an unlimited capacity, but the architectural firm providing the estimate indicated this would be difficult due to the regular updates that occur to the California Building Code that would result in changes in the architectural plans. However, it is expected that the plans could still be used after the five-year time frame, but applicants would be responsible for making sure they are updated to meet current building codes, which may mean a nominal fee to update the plans.
As mentioned, the broad goals of the REAP 2.0 grant opportunity are to facilitate Infill Development, Vehicle Miles Traveled (VMT) reduction, and Affirmatively Furthering Fair Housing. The connection to infill development and the reduction of VMT are somewhat inherent to the proposed use to incentivize ADU development within our walkable, two-square-mile city. However, staff is proposing that the resulting plan designs be aligned with Universal Design standards so that they might better serve our aging and disabled community members. This added design requirement will benefit the city’s application to HCD as a connection to “furthering fair housing,” another goal of REAP 2.0. Staff has received preliminary acknowledgement from a REAP 2.0 technical advisor that the outlined proposal would be consistent with the broad goals of the program.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The grant funds will be used to offset consultant services for the preparation of full architectural plans, elevation options and make them available for use by city residents, and to offset costs associated with Building Department review of plans in compliance with California Building Code.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the priority strategic initiative of Housing: Workforce and affordable housing, supportive of leasing local, and maintenance of homeowner value. Specifically, Goal # 3: Develop an ADU design with pre-approval for the City’s objective design standards and Goal #4: Develop a residential elevation with pre-approved architectural review available for single-family residential use.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
RESOLUTION 2022-70
RESOLUTION NO. 2022-70
CITY OF NEVADA CITY
AUTHORIZING RESOLUTION
(REAP 2.0 Grant Application)
A necessary quorum and majority of the council members of the City of Nevada City, a Rural Entity, hereby consents to, adopts and ratifies the following resolution:
WHEREAS, the Department is authorized to provide up to $30,000,000 to Rural Entities (“Applicant”) listed in Health and Safety Code Section 50515.08, subdivisions (a)(1)-(6) under the Regional Early Action Planning grants program (REAP 2.0), as detailed in Health and Safety Code Section 50515.08-10; and
WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability on July 26, 2022 for REAP 2.0 grants available to Rural Entities; and
WHEREAS, Applicant is a Rural Entity eligible to submit a Request for Funds pursuant to Health and Safety Code Section 50515.08(c) to develop and accelerate the implementation of the requirements described in Health and Safety Code section 50515.08(c)(1).; and WHEREAS, the Department shall approve the Request for Funds, subject to the terms and conditions of Eligibility, Guidelines, NOFAs, Program requirements, and the Standard Agreement by and between the Department and REAP 2.0 Grant Recipients; and NOW THEREFORE BE IT RESOLVED THAT:
1. The City of Nevada City is hereby authorized and directed to request an allocation of funds not to exceed $ 300,000 (the amount allocated pursuant to Health and Safety Code section 50515.07(a) consistent with the methodology described in 50515.09(a)).
2. The City Manager is authorized to execute the Request for Funds, on behalf of the City of Nevada City as required by the Department for receipt of REAP 2.0 funds.
3. When the City of Nevada City receives an allocation of REAP 2.0 funds in the authorized amount of $ 300,000 from the Department pursuant to the above referenced Request for Funds, it represents and certifies that it will use all such funds only for eligible activities as set forth in Health and Safety Code section 50515.08(c)(1), as approved by the Department and in accordance with all REAP 2.0 requirements, guidelines, all applicable state and federal statutes, rules, regulations, and the StandardAgreement executed by and between the Applicant City of Nevada City and the Department.
4. The City Manager is authorized to enter into, execute, and deliver a State of California Standard Agreement for the amount of $300,000 and any and all other documents required or deemed necessary or appropriate to evidence and secure the REAP 2.0 Allocation, the City of Nevada City obligations related thereto and all amendments the Department deems necessary and in accordance with REAP 2.0.
Nevada City
AUTHORIZING RESOLUTION
(REAP 2.0 Grant Application)
PASSED AND ADOPTED at the regularly scheduled meeting of the Nevada City, City Council held on the 15th day of December 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Signature of Approving Officer
_____
Doug Fleming, Mayor
ATTEST:
Niel Locke, City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: December 15, 2022 Agenda Item No. 09
Subject: Consideration of Adoption of Resolution No. 2022- 71: A Resolution of the City Council of the City of Nevada City Adopting the City Council and Planning Commission Meeting Schedule for 2023
From: Sean Grayson, City Manager
Date: December 4, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Adopt the resolution.
ISSUE STATEMENT AND DISCUSSION:
Pursuant to the City of Nevada City Municipal Code 2.04.010 and Section 6 of the City Council Standards and Procedures, the City Council meets at 6:30pm on the second and fourth Wednesdays of each month except that the City Council may change the dates or times of the meetings by resolution. Similarly, pursuant to municipal code 2.36.070 the City Planning Commission meets monthly as directed by the City Council except that the Chair of the Commission may change dates and times as needed to meet the work needs of the Commission. Both the City Council and the Planning Commission have a known need to change the date of some regular meetings in 2023. In compliance with the noted requirements and to provide for planning for stakeholders and those interested in providing public comment for both City Council and Planning Commission meetings, it is recommended that the City Council adopt the included resolution to adopt the 2023 City Council and Planning Commission Meeting Schedule:
Date Event
Wednesday, January 11, 2023 Regular City Council Meeting Thursday, January 19, 2023 Regular Planning Commission Meeting Wednesday, January 25, 2023 Regular City Council Meeting Wednesday, February 8, 2023 Regular City Council Meeting Thursday, February 16, 2023 Regular Planning Commission Meeting Wednesday, February 22, 2023 Regular City Council Meeting Wednesday, March 8, 2023 Regular City Council Meeting
Thursday, March 16, 2023 Regular Planning Commission Meeting Wednesday, March 22, 2023 Regular City Council Meeting
Wednesday, April 12, 2023 Regular City Council Meeting
Thursday, April 20, 2023 Regular Planning Commission Meeting Wednesday, April 26, 2023 Regular City Council Meeting
Wednesday, May 3, 2023 Special City Council Meeting (Budget Workshop) Wednesday, May 10, 2023 Regular City Council Meeting
Thursday, May 18, 2023 Regular Planning Commission Meeting Wednesday, May 24, 2023 Regular City Council Meeting
Wednesday, June 14, 2023 Regular City Council Meeting
Thursday, June 15, 2023 Regular Planning Commission Meeting Wednesday, June 28, 2023 Regular City Council Meeting
Thursday, July 13, 2023 Rescheduled Regular City Council Meeting Thursday, July 20, 2023 Regular Planning Commission Meeting Thursday, July 27, 2023 Rescheduled Regular City Council Meeting Wednesday, August 9, 2023 Regular City Council Meeting
Thursday, August 17, 2023 Regular Planning Commission Meeting Wednesday, August 23, 2023 Regular City Council Meeting Wednesday, September 13, 2023 Regular City Council Meeting September 20-22, 2023 California League of Cities Conference Thursday, September 21, 2023 Regular Planning Commission Meeting Wednesday, September 27, 2023 Regular City Council Meeting Wednesday, October 11, 2023 Regular City Council Meeting Thursday, October 12, 2023 Rescheduled Regular Planning Commission Meeting Wednesday, October 25, 2023 Regular City Council Meeting Wednesday, November 8, 2023 Regular City Council Meeting Thursday, November 16, 2023 Regular Planning Commission Meeting Wednesday, November 22, 2023 Cancelled Regular City Council Meeting Thursday, December 14, 2023 Rescheduled Regular City Council Meeting Thursday, December 21, 2023 Regular Planning Commission Meeting Wednesday, December 27, 2023 Cancelled Regular City Council Meeting FINANCIAL AND/OR POLICY IMPLICATIONS:
None.
STRATEGIC PLAN ALIGNMENT:
This action, reporting on the program, is consistent with the embedded strategic initiative of Engagement:
Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
None.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Resolution 2022-71
RESOLUTION NO. 2022-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY
ADOPTING THE CITY COUNCIL AND PLANNING COMMISSION MEETING SCHEDULE FOR 2023
WHEREAS, the City of Nevada City Municipal Code 2.04.010 and Section 6 of the City Council Standards and Procedures identify that the City Council meets at 6:30pm on the second and fourth Wednesdays of each month except that the City Council may change the dates or times of the meetings by resolution; and
WHEREAS, pursuant to municipal code 2.36.070 the City Planning Commission meets monthly as directed by the City Council except that the Chair of the Commission may change dates and times as needed to meet the work needs of the Commission; and WHEREAS, both the City Council and the Planning Commission have a known need to change the date of some regular meetings in 2023; and
WHEREAS, the City seeks to provide for the planning of stakeholders and those interested in providing public comment for both City Council and Planning Commission meetings by establishing a City Council and Planning Commission Meeting Schedule for 2023;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEVADA CITY
HEREBY RESOLVES AS FOLLOWS,
Section 1. The recitals above are true and correct and are incorporated by this reference and constitute findings in this matter.
Section 2. The City Council adopts the following City Council and Planning Commission Meeting Schedule for 2023:
Date Event
Wednesday, January 11, 2023 Regular City Council Meeting Thursday, January 19, 2023 Regular Planning Commission Meeting Wednesday, January 25, 2023 Regular City Council Meeting Wednesday, February 8, 2023 Regular City Council Meeting Thursday, February 16, 2023 Regular Planning Commission Meeting Wednesday, February 22, 2023 Regular City Council Meeting Wednesday, March 8, 2023 Regular City Council Meeting
Thursday, March 16, 2023 Regular Planning Commission Meeting Wednesday, March 22, 2023 Regular City Council Meeting
Wednesday, April 12, 2023 Regular City Council Meeting
Thursday, April 20, 2023 Regular Planning Commission Meeting Wednesday, April 26, 2023 Regular City Council Meeting
Wednesday, May 3, 2023 Special City Council Meeting (Budget Workshop) Wednesday, May 10, 2023 Regular City Council Meeting
Thursday, May 18, 2023 Regular Planning Commission Meeting Wednesday, May 24, 2023 Regular City Council Meeting
Wednesday, June 14, 2023 Regular City Council Meeting
Thursday, June 15, 2023 Regular Planning Commission Meeting Wednesday, June 28, 2023 Regular City Council Meeting
Thursday, July 13, 2023 Rescheduled Regular City Council Meeting Thursday, July 20, 2023 Regular Planning Commission Meeting Thursday, July 27, 2023 Rescheduled Regular City Council Meeting Wednesday, August 9, 2023 Regular City Council Meeting
Thursday, August 17, 2023 Regular Planning Commission Meeting Wednesday, August 23, 2023 Regular City Council Meeting Wednesday, September 13, 2023 Regular City Council Meeting September 20-22, 2023 California League of Cities Conference Thursday, September 21, 2023 Regular Planning Commission Meeting Wednesday, September 27, 2023 Regular City Council Meeting Wednesday, October 11, 2023 Regular City Council Meeting Thursday, October 12, 2023 Rescheduled Regular Planning Commission Meeting Wednesday, October 25, 2023 Regular City Council Meeting Wednesday, November 8, 2023 Regular City Council Meeting Thursday, November 16, 2023 Regular Planning Commission Meeting Wednesday, November 22, 2023 Cancelled Regular City Council Meeting Thursday, December 14, 2023 Rescheduled Regular City Council Meeting Thursday, December 21, 2023 Regular Planning Commission Meeting Wednesday, December 27, 2023 Cancelled Regular City Council Meeting Section 3. The City Council of the City of Nevada City may cancel, reschedule or change the times of City Council meetings as allowed in the Municipal Code and City Council Standards and Procedures.
Section 4. The Planning Commission of the City of Nevada City may cancel, reschedule or change the times of Planning Commission meetings.
PASSED AND ADOPTED at the regularly scheduled meeting of the Nevada City, City Council held on the 15th day of December 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: December 15, 2022 Agenda Item No. 10
Subject: Consideration of the Special Event Street Closure Request for the Menorah Lighting and Display in Robinson Plaza
From: Sean Grayson, City Manager
Date: December 4, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Review, approve, and authorize the special event street closure requests per the submitted application.
ISSUE STATEMENT AND DISCUSSION:
On November 18, 2022, the City received an application for the placement of a menorah in Robinson Plaza and the use of the plaza and related street closures for a lighting ceremony from Chabad of Grass Valley. This will be the 7th event in Nevada City. The application was received after the 90-day deadline required but the group had been in communication with the City since the 2021 event. Staff considers the application timely. The menorah will be placed on December 16, 2022 and removed on December 27, 2022. The proposed event hours on December 20, 2022, are 5:00pm to 6:30pm set-up beginning at 12:00pm and break-down ending at 8:30pm.
The proposed street closure for the event includes:
- Union Street between Broad Street and Commercial Street - Commercial Street between Main Street and Union Alley A summary of the specific event characteristics and recommended staff conditions are included in the application packet. The primary considerations are for emergency access with standard conditions by the Fire Department and for parking and road closures from Public Works. The event and placement of the menorah will be coordinate with the Nevada City Chamber of Commerce who has overlapping activities in Robinson Plaza and the placement of the Christmas tree during the same period.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The total fees to be collected if the application is approved are $50. This is in consideration of the overlapping use of the Robinson Plaza during the same period for Chamber of Commerce events.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Street Closure/Special Event Application
November 22, 2022
To whom this may concern,
I hope this finds you in good health and spirits. I am writing to you concerning our request for a street closure for the 7th annual Menorah Lighting to take place in the center of Nevada City.
Our Menorah Lighting was well attended by over 100 people each year at Robinson Plaza and last year it was doubled. In order to safely accommodate the growing crowd, we are requesting a street closure as in the past few years.
On Tuesday, December 20
th (the 3rd night of Chanukah) Chabad of Grass Valley intends to hold its annual candle lighting ceremony, to which all are invited, regardless of age, background or race. Many council members and other elected official have attended our annual Menorah Lighting in previous years and supported our efforts to promote the Chanukah candles’ message to all.
The program usually consists of greetings by elected officials, the lighting of the Menorah, tables on the side for traditional chanukah refreshments (potato latkes and donuts – this year would be individually packaged), and an entertainer (in the past: magician, fire juggler etc.).
Chanukah, the "Festival of Lights", is a celebration of a great miracle - the victory of a small, beleaguered Jewish nation over its powerful oppressors. In lighting the menorah, we rejoice in the triumph of freedom over tyranny, good over evil, right over might, and light over darkness.
The menorah proclaims to all that through our dedication and devotion, the light of goodness and freedom can never be obscured, that darkness will ultimately be banished forever. Thus the Menorah lighting will truly enhance and add to the spirit of peace and harmony.
Looking forward to working with you to make this holiday season a most meaningful one for all of us. We hope that you will favorably consider this request.
Sincerely,
Rabbi Nochum Yusewitz
Director, Chabad of Grass Valley
P.S. Attached is a map of the streets we’re requesting to be closed off as well as photos of previous years’ Menorah Lightings
Blue – Area of Robinson Plaza where we held the Menorah Lighting for the past years Pink – Street Closure Request
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APPLICATION FEES
The City requires the payment of a non-refundable application fee upon submission of your completed application. Late fees apply to applications filed less than 90 days in advance of an event. The City does not guarantee any application submitted less than 45 days in advance will be able to be submitted to the City Council for consideration prior to the planned event. Please select from the following table the fee(s) that apply to your application:
___ $100 Timely application for single new event OR old event with new sponsor ./ $SO Timely application for repeat of event with same sponsor ___ $25 For each additional application for new event by the same sponsor ___ $10 For each additional application for repeat of event with same sponsor V $75 Additional fee for applications filed less than 90 days in advance of an event 1L_ $100 Rental Fee for Robinson Plaza or Calanan Park
v" $100 Cleaning Deposit for use of Robinson Plaza or Ca la nan Park ___ $500 Additional refundable security deposit, (if applicable), payable to the City of Nevada City, is to be paid to the cashier by cash, personal/business check, money order or cashier's check, for costs associated with city staff and/or extraordinary police services and/or costs of damages to public facilities that may be associated and reasonably foreseen with such event.
$ 3� Total Fees
APPLICANT AUTHORIZATION AND INDEMNITY
To the extent allowed by law, Applicant agrees to defend, indemnify, and hold harmless the City of Nevada City, its agents, officials, and employees from and against all claims, damages, losses, injuries, illness, accidents relating to, arising out of, or resulting from, the use of this Special Event Application and the information contained therein, and any resulting Contract.
Applicant acknowledges that the information provided in this Application is true and accurate to the best of Applicant's knowledge and belief.
I have read, understand and agree to comply with all the information provided in the Special Event Application (attached) and any resulting permits and Special Event Contract if approved by the City council.
;2--
Signature of Date
3 Rabbi Nochum & Chyena Yusewitz
Directors of Chabad of Grass Valley
Dedicated to spreading more love,
goodness and kindness throughout
Nevada County.
2018 Event Flyer
IN THE NEWS
Photos
People of all ages, faiths and
backgrounds join for the
Menorah Lighting to
celebrate the Menorah’s
Universal Message.
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: December 15, 2022 Agenda Item No. 11
Subject: Consideration of the South Yuba River Citizens League (SYRCL) Request for Monetary Sponsorship in the
Amount of $2500, Fee Waiver for City Facility Use, and
Special Event Street Closure Request for the 2023 Wild & Scenic Film Festival
From: Sean Grayson, City Manager
Date: December 4, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Receive a presentation from the applicant, review, approve, and authorize the sponsorship, fee waiver, and special event street closure requests per the submitted application.
ISSUE STATEMENT AND DISCUSSION:
On October 28, 2022, the City received information on the 2023 Wild & Scenic Film Festival hosted by the South Yuba River Citizens League (SYRCL). This will be the 21st annual occurrence of the event which is traditionally sponsored by the City. The information includes the following requests from the City:
• A fee waiver for the use of the City Hall Council Chambers for the event Activist Workshop Center February 16-20, 2023 ($450 fees).
• A request for Steelhead Trout level sponsorship of $2500 as identified in the event sponsorship deck which includes the placement of the City logo in various materials as noted. • A request for permission for the placement of sandwich board directional sign placement during the event per the attached plan.
• An application for street closures for one day of the even on Saturday February 18, 2023. The proposed event hours on February 18, 2023, are 9:00am to 9:00pm set-up beginning at 8:00am and break-down ending at 10:30pm. The proposed street closure for the event includes:
o York Street between Broad Street and Commercial Street A summary of the specific event characteristics and recommended staff conditions are included in the application packet. The primary considerations are for emergency access with standard conditions by the Fire Department and for parking and road closures from Public Works. Representatives from SYRCL will provide a presentation on the event and the requests for the City Council’s consideration.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The total fees to be waived is $450 and the total contribution amount is $2500. If approved the $2500 will be funded from the City’s “Community Agency” Account 4655 which has funds specific to this type of sponsorship.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Street Closure/Special Event Application
Sign Placement Map
Event Information
1 EVENT NAME:
EVENT INFORMATION. Please attach a detailed description of your event to this application (e.g.
Overall summary, open to the public? How being publicized? Kid/family friendly? Rain or shine? Etc.) Type of Event (Check all that apply)
___ Parade/Procession ___ Concert ___ Street Festival/Block Party ___ Run/Walk/Bicycle ___ Fundraiser ___ Other:
Has this event been produced before? Yes No
Is this an annual event? Yes No
Will there be an admission or entry fee? Yes No
If yes, fee per adult: $____________ Fee per child: $___________ Event Date(s)
Expected number of:
Attendees Participants Volunteers
Units and floats for parade:
Event Hours Start End
Set-up Date Time
Break Down Date Time
Names of street(s), sidewalk(s), alley(s) proposed to be closed (Attach additional pages or a map if necessary). Note that it may be necessary to consult with a Police Lieutenant (265-2626) and/or the Public Works Superintendent (265-2496) to accurately identify requested street closures. between &
between &
Additional Facilities Requested
Event organizers may be asked to complete a Facility Rental Contract with details about use of these additional facilities. Rental fees & cleaning deposits may apply. ___ Robinson Plaza ___ Calanan Park ___ Other: ___________________ Please note whether your event includes any of the following. If any apply, attach details. ___ Amplified sound ___ Concessions ___ Food Vendors
___ Stages/Platforms ___ Food Cooking ___ Alcohol sales ___ Tents/Temporary Structures ___ Animals will be present ___ Temporary Lighting
CITY OF NEVADA CITY
SPECIAL EVENT APPLICATION / CONTRACT
Wild & Scenic Film Festival
x
x Film Festival x
x
*Please note that we do not intend to charge a fee for
entry to street closure activities; the tickets will allow entry into film screenings and special events.
*
February 16-20, 2023
20-200 @ location of closure
n/a
Sun. 10pm
Thurs. Feb. 16 8am
Sun. Feb 19 10pm
York St. Broad Commercial
x
x
x
Fri. 9am
*
*10x10 open sided sun shade tents,
to be taken down at the end of each day
2 APPLICANT INFORMATION
Sponsoring Organization/Company
Name of Applicant/Responsible Party
Street Address Apt/Unit/Suite
City State Zip Code
Email
Daytime Phone Cell Phone
Does the sponsoring organization have experience producing similar events? Yes / No (Circle One) Event Contact for Public Information
Name Contact Phone
Email
Website
Day of Event Contact Information
On-site Contact Name
On-site Contact Cell Number
Day of Event ALTERNATE Contact Information
On-site Contact Name
On-site Contact Cell Number
APPLICATION FEES
The City requires the payment of a non-refundable application fee upon submission of your completed application. Late fees apply to applications filed less than 90 days in advance of an event. The City does not guarantee any application submitted less than 45 days in advance will be able to be submitted to the City Council for consideration prior to the planned event. Please select from the following table the fee(s) that apply to your application:
$100 Timely application for single new event OR old event with new sponsor $50 Timely application for repeat of event with same sponsor $25 For each additional application for new event by the same sponsor $10 For each additional application for repeat of event with same sponsor $75 Additional fee for applications filed less than 90 days in advance of an event $100 Rental Fee for Robinson Plaza or Calanan Park
$100 Cleaning Deposit for use of Robinson Plaza or Calanan Park $ Total Fees
South Yuba River Citizens League
Melinda Booth
313 Railroad Ave. 101
Nevada City CA 95959
Eric Dunn
530.913.3164
Livia Campos de Menezes
510.241.7424
www.wildandscenicfilmfestival.org
[email protected]
South Yuba River Citizens League (530) 265-5961
[email protected]
(530) 265-5961 ext. 202 650.207.0495
x
50 3
APPLICANT AUTHORIZATION AND INDEMNITY
To the extent allowed by law, Applicant agrees to defend, indemnify, and hold harmless the City of Nevada City, its agents, officials, and employees from and against all claims, damages, losses, injuries, illness, accidents relating to, arising out of, or resulting from, the use of this Special Event Application and the information contained therein, and any resulting Contract.
Applicant acknowledges that the information provided in this Application is true and accurate to the best of Applicant’s knowledge and belief.
I have read, understand and agree to comply with all the information provided in the Special Event Application (attached) and any resulting permits and Special Event Contract if approved by the City Council.
Signature of Applicant/Responsible Party Date
11/22/2022
4 OVERVIEW
Thank you for choosing the City of Nevada City as the location for your event. The City requires the submittal of a Special Event Application as a pre-condition of considering whether to enter into an agreement to grant temporary use of all or any portion of a public street, sidewalk or alley.
Application materials must be completed in full and submitted to the City at least 90 days prior to your event date, and no more than one year in advance of the event date. Applications are accepted on a first-come, first-served basis. A non-refundable application fee must be paid upon submission of your completed application. Use “NA” for “not applicable” to questions or sections that do not apply to your event. Incomplete applications will not be accepted and will delay processing which could affect the availability of your preferred event date or location. Please note the information you provide becomes public information.
City staff review the Application/Contract. Notes from Police, Fire, Public Works and Parks & Recreation will be presented to City Council for consideration. City Council approves or disapproves your Application/Contract at a formal noticed public meeting. Applicants are strongly encouraged to attend the designated City Council meeting in order to discuss their proposed event and answer related questions. Please ensure you have City Council approval before marketing or advertising your event.
EVENT REQUIREMENTS
Alcohol. If alcohol is sold at your event, an Alcohol Permit from California Alcohol Beverage Control (ABC) is required. Please contact ABC at (916) 419-1319.
Amplified Sound. If the event will have amplified sound, applicant is required to have an event staff member responsible for monitoring sound levels to assure compliance with City noise standards when sound/music/noise may be audible beyond the event venue.
Business License. All vendors participating in an event held in Nevada City must obtain a current business license. For information about business license requirements, call City Hall at (530) 265-2496 x100.
Form of Payment. The City accepts payment in the form of cash, personal/business check, money order or cashier’s check. Please note there will be a $25 service charge for all returned checks.
Insurance. The applicant and/or the sponsoring organization is required to provide proof of insurance. A current or valid Certificate of General Liability Insurance in the amount of $1,000,000 and an endorsement (CG2026 or equivalent) naming the City of Nevada City as additional insured will be required at least 30 days prior to the event.
CITY OF NEVADA CITY
SPECIAL EVENT GUIDELINES
5 Event Notification. An event can change the normal flow of residential and business activity potentially causing a negative impact on the community. As the event organizer, you are responsible for notifying those residents and businesses that are adjacent to the planned closure prior to submission of your Application. Applicants must meet the Event Notification requirements unless the event is sponsored by the Nevada City Chamber of Commerce or has been approved and held annually in the same manner for three or more years. The preferred method of notification is the Requested Special Event Notification Form (Addendum A). Unless otherwise exempt, your application materials must include a signed Notification Certification (Addendum B) confirming adjacent residents and businesses were notified of the planned event.
Parking. Applicants will be required to work with the Nevada City Police Department to facilitate ingress/egress requirements for event participants.
Restrooms. Public restrooms are limited to two for downtown events, one at Robinson Plaza and one in the Commercial Street parking lot. If your event is planned for more than 50 people or in an area away from either public restroom, you may be required to provide restroom accommodations and hand washing facilities for event attendees in the quantity prescribed by the City.
Waste Management/Recycling. You are responsible for properly disposing of all waste and garbage throughout the term of your event, and immediately upon conclusion of the event the area must be returned to a clean condition. Therefore, the City may require the applicant to provide trash and recycling containers if the event involves food or drink vendors. Should cleanup be inadequate or damage to City property occurs, you will be billed at full recovery rates, plus overhead for cleanup and repair.
Runs/Walks/Bicycle. If you put chalk, stickers or other directional markings on streets, sidewalks or trails, these markings must all be removed at the end of your event.
CHECKLIST
Before you submit your application to the City of Nevada City, please make sure you have completed the following steps:
___ Sign AND date your Application/Contract.
___ Attach a detailed event description and additional information as needed ___ Secure required insurance for the event.
___ Include a Notification Certification confirming businesses and residents have been notified of the planned event.
___ Calculate and include the applicable fee.
Submit your completed application to:
City of Nevada City, Attn. Special Event Applications, 317 Broad Street, Nevada City, CA 95959
6 Addendum A – Requested Street Closure/Special Event Notification Form PLEASE NOTE. You have received this notification because your property/business is located adjacent to a requested temporary street, sidewalk or alley closure that is subject to City Council approval at a future City Council meeting. Please monitor future City Council agendas for consideration of the following request.
STREET CLOSURE/SPECIAL EVENT INFORMATION
Type of Event (Check all that apply)
___ Parade/Procession ___ Concert
___ Street Festival/Block Party ___ Other: __________________________ ___ Fundraiser
Event Name/Description
Event Date(s) Expected Attendance
Event Hours Start End
Set-up Date Time
Break Down Date Time
Names of street(s), sidewalk(s), alley(s) proposed to be closed:
between &
between &
between &
between &
between &
Sponsoring Organization
Event Contact Phone Number
Event Website
x
x
x
Film Festival x
21st annual Wild & Scenic Film Festival
February 16-20, 2023 20-200 @ location of closure
Fri. 9am Sun. 10pm
Thurs. Feb. 16
Sun. Feb 19
8am
10pm
York St. Broad Commercial
South Yuba River Citizens League
Eric Dunn (530) 265-5961
www.wildandscenicfilmfestival.org
7 Addendum B – Notification Certification
EVENT INFORMATION
Sponsoring Organization
Event Name
Event Date(s)
Event Location
Signature of Sponsor or Authorized Representative
I acknowledge I am responsible for providing notice of my requested event to all adjacent residents and businesses and certify that the entities listed below have been notified of the requested event.
Name (printed)
Signature
Name/Business Address Method of Notification
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
[Attach additional pages as needed]
South Yuba River Citizens League
Wild & Scenic Film Festival
Feb. 16-20, 2023
Nevada City and Grass Valley, CA (Street Closure Request for York St. in Nevada City) Melinda Booth
Lika's Quarter Cafe 401 Commercial St,
x
Spirithouse 320 Broad St.
x
Mosh Posh Marketplace 110 York St
x
Draftsignplacementfor2023 Wild& ScenicFilm Festivalasof11/15/2023 (someotherlocationsTBD,dependentonpotentialYorkSt.closure) 1 2
3 4
5 6
7 8
9 10
Key:
1. Indicates Overflow parking at Rood Center 6. Indicates location of Activist Center, in front of NC City Hall 2. Directional sign to HQ, in front of National Hotel 7. Directional sign to venues, corner of Broad and Pine 3. Directional sign to venues, at entrance of Public Parking Lot 8. Directional sign to venues + Schedule at a Glance, corner of Spring and Pine 4. Directional sign to venues, in front of Nevada Theatre 9. Directional sign to venues, corner of Commercial and Union 5. Directional sign to venues, east of Miners Foundry driveway 10. “Welcome” banner, freeway exit
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: December 15, 2022 Agenda Item No. 12
Subject: Consideration of an Agreement with the Nevada City Chamber of Commerce for the Provision of Public Benefit Services and a Commercial Lease Agreement for 130 Main
Street, Nevada City, and Authorize the City Manager to
Execute the Agreement and Lease
From: Sean Grayson, City Manager
Date: December 4, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Receive a presentation from the Chamber of Commerce, review, approve, and authorize the City Manager to execute the agreement and lease.
ISSUE STATEMENT AND DISCUSSION:
The City of Nevada City has long partnered with the Nevada City Chamber of Commerce for business and tourism support as well as special event activities. This partnership includes the transfer of funds from the City to the Chamber as well as in-kind fee and lease waivers given to the Chamber by the City.
The City has also leased, at no charge, the property at 132 Main Street to the Chamber for use as the Visitor Center and Chamber offices. There is not a current contract the transfer of funds or in-kind fee and lease waivers. Similarly, there is not a current lease agreement for the Main Street property.
The attached agreement is a performance-based contract that has the Chamber providing the following as scope of work: City Support / Partnership, Business Support, Tourism Support and Event Production as defined in Exhibit A. Exhibit B details the specific actions that the Chamber will complete under the scope of work during fiscal year 2022/23 including:
City Support / Partnership
• Staffing Visitor Center at 132 Main Street: Provide coins for meters to downtown patrons, provide Yuba bucks gift cards for participating city business, maintaining a stock of Nevada City memorabilia in the gift shop
• Maintain Events Calendar for Nevada City
• Provide shared branding social media posting (at least one per week) beginning in 2023 • Maintain the exterior roof lights for Historic District • Procuring and coordinating the raising and decorating of the holiday tree in Robinson Plaza and Greenery on lampposts and key corners in the downtown
• Managing merchant outreach for specific City initiatives (e.g., outdoor dining parklets, Courthouse relocation, Commercial Street redevelopment, etc.)
Business Support
• Printing, folding, and updating 14 tourism brochures (e.g., Hikes in Nevada City, Historical Walking Map, etc.) and maintaining stock at the Visitor Center and City Hall • Convening monthly merchant meetings for Downtown and 7 Hills • Producing and updating a Retail Attraction and Retention brochure • Coordination with City Manager on new business leads for leasing or purchase of commercial property
• Maintaining a vacant space listing on chamber website • Updating the business wayfinding list and map for Historic District and 7-Hills District annually Tourism Support
• Manages flags in the downtown for: US Flags (Memorial Day, Flag Day, 4th of July, Constitution Day, Veteran’s Day); Wild and Scenic Film Festival; GV/NC Cultural District; Summer Nights; Victorian Christmas
• Maintaining 46 flower baskets in the downtown (buying, planting, assembling, and managing volunteers for watering) [partially fee supported]
• Publishing a monthly tourism newsletter and monthly radio spot on KVMR • Maintaining a tourism-focused social media presence through Instagram and Facebook Event Production
• Produces 7 events in the downtown: Mardi Gras, Earth Day, Art Walk (4 nights), Village Market Day, Fourth of July, Summer Nights (3 nights), Constitution Day (to be Chamber managed event beginning in 2023), Halloween, Victorian Christmas (3 days, 2 nights) • Produce 1 event in 7-Hills beginning in 2023
• Producing an annual events brochure maintaining copies for the Visitor Center and City Hall Exhibit C details the compensation for the Chamber as follows:
(a) Contractor shall receive 7.5% of the City’s received Transient Occupancy Tax (TOT), not-toexceed $40,000. City shall make quarterly payments to Contractor. If this Agreement is terminated prior to the end of a quarter for which payment has been made, Contractor shall refund to City a prorated amount for the remainder of the quarter, in accordance with the termination provisions of the agreement.
(b) Contractor shall receive an in-kind total of $29,400 inclusive of the following:
a. Use of the City Owned Facility at 132 Main Street for the Chamber of Commerce Visitor’s Center with a value of $24,000.
b. Use of the City Council Chambers at 317 Broad Street for monthly meetings with a value of $2400.
c. Deferral of fees for approved special events with a value of $5000. (c) By January 30th of each year, CHAMBER will provide to the City an accounting, plus a copy of any audit, of expenditures showing the use of City provided funding for the previous fiscal year, July 1 to June 30. Funds received from non-City sources shall be identified and accounted for separately. Separation of sources and uses of funds is necessary to provide accounting of the use of restricted funds in compliance with any restrictions placed on funding.
Each year the Chamber will present on its performance under the agreement at the City’s budget workshop. Based upon direction from the City Council, the agreement, including the three Exhibits will be updated each year to reflect the scope, actions, and compensation that the Chamber will receive in the following fiscal year upon the adoption of the City’s annual budget.
The attached commercial lease agreement would provide a five-year lease of the 132 Main Street property to the Chamber using the same standard conditions as contemporary leases from the City including the property next door at 130 Main Street.
Representatives from the Chamber will provide a presentation on the contract and the requests for the City Council’s consideration.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The 7.5% of TOT to be transferred to the Chamber of Commerce will come from revenues received in 2022/23 fiscal year budget. The in-kind values represent the value of the items that would otherwise be collected as fees, as they are not collected there is no direct impact on the budget.
STRATEGIC PLAN ALIGNMENT:
This action consistent with the strategic initiative of Business: Business, Industry, and Cannabis Support.
The program specifically addresses, in part, goal #2 of the initiative, “Work with the Chamber of Commerce for citywide business support.”
This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Services Agreement
Commercial Lease Agreement
SERVICES AGREEMENT BETWEEN THE CITY OF NEVADA CITY AND THE
NEVADA CITY CHAMBER OF COMMERCE
1. PARTIES AND DATE
This Agreement is made and entered into effective on the 9th day of December 2022, by and between the City of Nevada City, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 317 Broad Street, Nevada City, California, 95959 ("City") and the Nevada City Chamber of Commerce, a California corporation, with its principal place of business at 132 Main Street, Nevada City, CA 95959, ("Contractor" or "Chamber"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS
Contractor.
Contractor desires to perform and assume responsibility for the provision of the City's tourism attraction, marketing, branding services, event development and related activities required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing said professional services and is familiar with the goals of the City in this regard.
2.1 Project.
City desires to engage Contractor to render such professional services related to City's visitor attraction, marketing, branding, and visitor experience as set forth in this Agreement.
3. TERMS
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional services related to visitor attraction, marketing, branding, public relations and visitor experiences ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Exhibit "B" sets forth the deliverables under the scope of work which will be reviewed annually by the parties and updated by written mutual agreement.
3.1.2 Term. The term of this Agreement shall commence on December 9, 2022, and terminate December 30, 2027. The City and Chamber may agree to extend the term of this agreement for up to one additional year by written mutual agreement.
Notwithstanding the foregoing, this Agreement may be terminated as provided herein.
3.2 Responsibilities of Contractor.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Contractor or those under its supervision. Contractor will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. The key personnel for performance of this Agreement are as follows: Executive Director and the Board of Directors.
3.2.3 City's Representative. The City hereby designates the City Manager or designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City but not the authority to change the total compensation due to Contractor under this Agreement. Any official communication from the City of Nevada City with respect to the performance of this contract by the Contractor must come from either the City Manager or the City Council, and no other party.
3.2.4 Contractor's Representative. Contractor hereby designates Stuart Baker, Executive Director or his/her designee, or the executive director as may be filled during the term of this agreement, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement at the direction of the Chamber Board. The Contractor's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.5 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors, and other staff at all reasonable times.
3.2.6 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees, and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein.
3.2.7 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules and regulations in any manner affecting the performance of the Services and shall give all notices required by law.
Contractor shall be liable for all violations of such laws and regulations in connection with Services. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify, and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations
3.2.8 Insurance.
3.2.8.1 Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.
3.2.8.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement, or endorse the policies to do so. (A)Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, and shall be no less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities shall be in an amount of not less than $1,000,000 combined limit for each occurrence
(C) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D)Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (E) Professional Liability: Professional Liability insurance with minimum limits of $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
3.2.8.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(A)The policy or policies of insurance required by Section 3.2.8.2(A), Commercial General Liability shall be endorsed to provide the following:
(1) Additional Insured: Contractor agrees to endorse the third-party general liability coverage required herein to include as additional insured the City, its officials, employees, and agents, using standard ISO endorsement No.
CG 2010 with an edition date of 1985. Contractor also agrees to require all contractors, subcontractors, and anyone else involved in any way with the Services contemplated by this Agreement to do likewise. (2) Cancelation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancelation has been served upon the City except ten (10) days shall be allowed for nonpayment of premium. (B) The policy or policies of insurance required by Section 3.2.10.2(8) Automobile Liability, and Section 3.2.8.2(D) Professional Liability, shall be endorsed to provide the following:
(1) Cancelation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancelation has been served upon the City except ten (10) days shall be allowed for nonpayment of premium. (C) The policy or policies of insurance required by Section 3.2.8.2(C), Workers' Compensation, shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. (2) Cancelation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancelation has been served upon the City except ten (10) days shall be allowed for nonpayment of premium.
3.2.8.4 Primary and Non-Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.8.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.
3.2.8.6 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.8.7 Evidence of Insurance. Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is canceled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancelation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.8.8 Failure to Maintain Coverage. Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Agreement. In the event that the Contractor's operations are suspended for failure to maintain required insurance coverage, the Contractor shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.
3.2.8.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A: VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.8.10 Insurance for Subcontractors. All subcontractors shall be included as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the subcontractor's policies. Contractor shall provide to City satisfactory evidence as required under Section 3.2.8.1 of this Agreement.
3.2.9 Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
3.3 Fees and Payments.
3.3.1 Compensation. The City will provide to Contractor compensation under the terms and conditions as provided for in Exhibit "C". If this Agreement is extended, Exhibit "C" will be updated each fiscal year to reflect the current year compensation for CHAMBER.
3.3.2 Reserved.
3.3.3 Reimbursement for Expenses. The compensation provided for in this Agreement constitutes the total compensation to be provided to Contractor. Contractor shall not be granted additional reimbursement for any expenses.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work to be agreed upon in writing between the parties in exchange for additional compensation to be agreed upon between the parties. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the agreed upon task, service, or project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least sixty (60) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been actually rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause, which shall consist solely of a breach by City that remains uncured following sixty (60) days notice from Contractor to City specifying the nature of the alleged breach. Contracts entered into by Contractor which are supported by funds provided under this Agreement, which are consistent with the purposes of this Agreement, and for which the project or service was approved through the a public process approved by Contractor's Board of Directors and for which funds were allocated shall continue to be funded by the City to the extent possible, subject to the availability of funding and ability for the City to assume the contractual obligations, through what would otherwise have been the expiration date of this Agreement if this Agreement is terminated without cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Replacement Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
Nevada City Chamber of Commerce
132 Main Street
Nevada City, CA 95959
ATTN: Executive Director
City:
City of Nevada City
317 Broad Street
Nevada City, CA 93514
ATTN: City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential.
3.5.3.3 Confidential Information. The City shall refrain from releasing Contractor's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Contractor of its intention to release Proprietary Information. Contractor shall have five (5) working days after receipt of the Release Notice to give City written notice of Contractor's objection to the City's release of Proprietary Information.
Contractor shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (I) Contractor fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.5.4 Brown Act, Public Records Act, Conflict of Interest and Harassment Training and Compliance. At all times during the term of this Agreement Contractor's board of directors shall comply fully with the Ralph M. Brown Act, Government Code Section 54950 et seq. Contractor's obligation hereunder shall not be limited to complying with the Brown Act with respect to the Services, but rather such obligations shall apply to all activities of Contractor and/or its board during the term of this Agreement. Contractor shall comply with the California Public Records Act (PRA) (Government Code Section 6250 et seq). Contractor shall comply with the provisions of the Political Reform Act and the related regulations adopted by California Fair Political Practices Commission, including without limitation the provisions and regulations concerning conflicts of interest. Specific conflict standards for the Board and Staff will be defined in an adopted conflict of interest policy. Contractor's management staff and board shall attend similar harassment and ethics training as required of elected officials at least every two years and within six months of taking on their respective position. Contractor staff and board will attend similar harassment training as required of City elected officials and staff, by attending City or, other governmental agency sponsored training or similar online training program. Documentation of training will be maintained by the contractor. MLT shall notify the City Clerk of any Board vacancy and the name(s) of all new Board members. The City, with costs funded from the Tourism Reserve as provided for in Exhibit C will provide clerking support services to include preparation of agendas, clerking meetings, preparing minutes and coordination of compliance with the above laws and similar support for standing committees that are subject to the Brown Act. All of Contractor's public meetings shall be held in the City Council Chambers and broadcast though the Granicus system, which may include cable TV government channel broadcasting, unless there is a conflict for meeting space and meetings cannot be rescheduled.
3.5.5 Reserved.
3.5.6 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.7 Attorney's Fees. If either party commences an action against the other party, either legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
3.5.8 Indemnification.
3.5.8.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, Contractors or agents in connection with the performance of the Contractor's Services or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorney's fees and other related costs and expenses.
3.5.8.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City's choosing and at Contractor's own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section
3.5.8.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers, and agents as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents, or volunteers as part of any such claim, suit, action or other proceeding.
Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, or volunteers.
3.5.9 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.10 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Nevada County.
3.5.11 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.12 City's Right to Employ Other Contractors. City reserves the right to employ other Contractors.
3.5.13 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.14 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.15 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.16 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.17 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.18 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.5.19 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.20 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.21 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.22 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.
3.5.23 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.24 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 To the extent that Contractor subcontracts any portion of the work required by this Agreement, each such subcontract shall contain a provision making it subject to all relevant provisions stipulated in this Agreement.
CITY OF NEVADA CITY NEVADA CITY CHAMBER OF COMMERCE
By: __________________________ By: _____________________________ City Manager Executive Director
Attest:
By: ___________________________
Niel Locke, City Clerk
Approved as to Form:
By: ____________________________
Dean Pucci, City Attorney
EXHIBIT "A"
SCOPE OF SERVICES
Nevada City Chamber of Commerce (“CHAMBER”) is tasked with improving the tourism industry in City and increasing quality visitation. The scope of services provides an overview of the engagement between CHAMBER and the City of Nevada City (“City”). Specific deliverables within these scope of service categories will be drafted by CHAMBER and delivered to City Council as part of the annual budget workshop and operating plan review.
City Support / Partnership
Provide activities that are supportive of the City and its strategic plan, budget and City Council direction.
Business Support
Provide support to develop, build, and sustain businesses and industry in Nevada City, including non-Chamber of Commerce members.
Tourism Support
Provide support to advertise and incentivize tourism in Nevada City that patronizes all segments of business and industry.
Event Production
Produce events that are supportive of the City, businesses, and community members.
EXHIBIT "B"
FY2022-23 – GOALS (Actions to Complete)
This exhibit will be updated annually with each City Budget. Each of the goals planned for the fiscal year will tie directly to the Scope of Services outlined in Exhibit "A".
City Support / Partnership
• Staffing Visitor Center at 132 Main Street: Provide coins for meters to downtown patrons, provide Yuba bucks gift cards for participating city business, maintaining a stock of Nevada City memorabilia in the gift shop
• Maintain Events Calendar for Nevada City
• Provide shared branding social media posting (at least one per week) beginning in 2023 • Maintain the exterior roof lights for Historic District • Procuring and coordinating the raising and decorating of the holiday tree in Robinson Plaza and Greenery on lampposts and key corners in the downtown • Managing merchant outreach for specific City initiatives (e.g., outdoor dining parklets, Courthouse relocation, Commercial Street redevelopment, etc.) Business Support
• Printing, folding, and updating 14 tourism brochures (e.g., Hikes in Nevada City, Historical Walking Map, etc.) and maintaining stock at the Visitor Center and City Hall • Convening monthly merchant meetings for Downtown and 7 Hills • Producing and updating a Retail Attraction and Retention brochure • Coordination with City Manager on new business leads for leasing or purchase of commercial property
• Maintaining a vacant space listing on chamber website • Updating the business wayfinding list and map for Historic District and 7-Hills District annually
Tourism Support
• Manages flags in the downtown for: US Flags (Memorial Day, Flag Day, 4th of July, Constitution Day, Veteran’s Day); Wild and Scenic Film Festival; GV/NC Cultural District; Summer Nights; Victorian Christmas
• Maintaining 46 flower baskets in the downtown (buying, planting, assembling, and managing volunteers for watering) [partially fee supported]
• Publishing a monthly tourism newsletter and monthly radio spot on KVMR • Maintaining a tourism-focused social media presence through Instagram and Facebook Event Production
• Produces 7 events in the downtown: Mardi Gras, Earth Day, Art Walk (4 nights), Village Market Day, Fourth of July, Summer Nights (3 nights), Constitution Day (to be Chamber managed event beginning in 2023), Halloween, Victorian Christmas (3 days, 2 nights) • Produce 1 event in 7-Hills beginning in 2023
• Producing an annual events brochure maintaining copies for the Visitor Center and City Hall EXHIBIT "C"
COMPENSATION
This exhibit will be updated annually based on the City budget, approved Transient Occupancy Tax (TOT) revenue and any adjustments to allocation or reserve rates approved by City Council.
The City will provide an updated Exhibit C by July 1 of each year.
Section 1: Payments and Financial Accounting and Reporting for City Fiscal Year 2022-23 (a) Contractor shall receive 7.5% of the City’s received Transient Occupancy Tax (TOT), not-to-exceed $40,000. City shall make quarterly payments to Contractor. If this Agreement is terminated prior to the end of a quarter for which payment has been made, Contractor shall refund to City a prorated amount for the remainder of the quarter, in accordance with the termination provisions of the agreement. (b) Contractor shall receive an in-kind total of $29,400 inclusive of the following:
a. Use of the City Owned Facility at 132 Main Street for the Chamber of Commerce Visitor’s Center with a value of $24,000.
b. Use of the City Council Chambers at 317 Broad Street for monthly meetings with a value of $2400.
c. Deferral of fees for approved special events with a value of $5000. (c) By January 30th of each year, CHAMBER will provide to the City an accounting, plus a copy of any audit, of expenditures showing the use of City provided funding for the previous fiscal year, July 1 to June 30. Funds received from non-City sources shall be identified and accounted for separately. Separation of sources and uses of funds is necessary to provide accounting of the use of restricted funds in compliance with any restrictions placed on funding.
Section 2: The City may in its sole discretion provide additional funding to CHAMBER in amounts approved by a resolution of the City Council. The resolution will set forth the purpose of the funding, the source, any restrictions, and other matters relating thereto.
Section 3. In the event CHAMBER ceases to operate or exist, all unexpended City funds held by CHAMBER shall be returned to the City
COMMERCIAL LEASE AGREEMENT
(C.A.R. Form CL, Revised 12/15)
Date (For reference only):
("Landlord") and
("Tenant") agree as follows:
1. PROPERTY: Landlord rents to Tenant and Tenant rents from Landlord, the real property and improvements described as:
("Premises"), which
comprise approximately % of the total square footage of rentable space in the entire property. See exhibit for a further description of the Premises.
2. TERM: The term begins on (date) ("Commencement Date"), (Check A or B):
C. RENEWAL OR EXTENSION TERMS: See attached addendum .
3. BASE RENT:
A. Tenant agrees to pay Base Rent at the rate of (CHECK ONE ONLY:) (3) $ per month for the period commencing and ending and $ per month for the period commencing and ending and
$ per month for the period commencing and ending .
(4) In accordance with the attached rent schedule.
(5) Other: .
B. Base Rent is payable in advance on the 1st (or ) day of each calendar month, and is delinquent on the next day.
C. If the Commencement Date falls on any day other than the first day of the month, Base Rent for the first calendar month shall be prorated based on a 30-day period. If Tenant has paid one full month's Base Rent in advance of Commencement Date, Base Rent for the second calendar month shall be prorated based on a 30-day period.
4. RENT:
A. Definition: ("Rent") shall mean all monetary obligations of Tenant to Landlord under the terms of this agreement, except security deposit.
B. at (address)
, or at any other
location specified by Landlord in writing to Tenant.
C. Timing: Base Rent shall be paid as specified in paragraph 3. All other Rent shall be paid within 30 days after Tenant is billed by Landlord.
5. EARLY POSSESSION: Tenant is entitled to possession of the Premises on .
If Tenant is in possession prior to the Commencement Date, during this time (i) Tenant is not obligated to pay Base Rent, and (ii) Tenant is is not obligated to pay Rent other than Base Rent. Whether or not Tenant is obligated to pay Rent prior to Commencement Date, Tenant is obligated to comply with all other terms of this agreement.
6. SECURITY DEPOSIT:
A. Tenant agrees to pay Landlord $ as a security deposit. Tenant agrees not to hold Broker responsible for its return. (IF CHECKED:) If Base Rent increases during the term of this agreement, Tenant agrees to increase security deposit by the same proportion as the increase in Base Rent.
B. All or any portion of the security deposit may be used, as reasonably necessary, to: (i) cure Tenant's default in payment of Rent, late charges, non-sufficient funds ("NSF") fees, or other sums due; (ii) repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest or licensee of Tenant; (iii) broom clean the Premises, if necessary, upon termination of tenancy; and (iv) cover any other unfulfilled obligation of Tenant. SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN LIEU OF PAYMENT OF LAST MONTH'S RENT. If all or any portion of the security deposit is used during tenancy, Tenant agrees to reinstate the total security deposit within 5 days after written notice is delivered to Tenant. Within 30 days after Landlord receives possession of the Premises, Landlord shall: (i) furnish Tenant an itemized statement indicating the amount of any security deposit received and the basis for its disposition, and (ii) return any remaining portion of security deposit to Tenant.
However, if the Landlord's only claim upon the security deposit is for unpaid Rent, then the remaining portion of the security deposit, after deduction of unpaid Rent, shall be returned within 14 days after the Landlord receives possession.
C. No interest will be paid on security deposit, unless required by local ordinance.
Landlord's Initials ( ) ( ) Tenant's Initials ( ) ( )
© 2015, California Association of REALTORS®, Inc.
CL REVISED 12/15 (PAGE 1 OF 6)
COMMERCIAL LEASE AGREEMENT (CL PAGE 1 OF 6)
Phone: Fax:
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com December 15, 2022
City of Nevada City, California
Nevada City Chamber of Commerce
132 Main Street
Nevada City, CA 95959
December 15, 2022
X A. Lease: and shall terminate on (date) December 31, 2027 at 11:59 AM X PM. Any holding over after the term of this agreement expires, with Landlord's consent, shall create a month-to-month tenancy that either party may terminate as specified in paragraph 2B. Rent shall be at a rate equal to the rent for the immediately preceding month, payable in advance. All other terms and conditions of this agreement shall remain in full force and effect.
B. Month-to-month: and continues as a month-to-month tenancy. Either party may terminate the tenancy by giving written notice to the other at least 30 days prior to the intended termination date, subject to any applicable laws. Such notice may be given on any date. (1) $ 0 per month, for the term of the agreement.
(2) $ per month, for the first 12 months of the agreement. Commencing with the 13th month, and upon expiration of each 12 months thereafter, rent shall be adjusted according to any increase in the U.S. Consumer Price Index of the Bureau of Labor Statistics of the Department of Labor for All Urban Consumers ("CPI") for (the city nearest the location of the Premises), based on the following formula: Base Rent will be multiplied by the most current CPI preceding the first calendar month during which the adjustment is to take effect, and divided by the most recent CPI preceding the Commencement Date. In no event shall any adjusted Base Rent be less than the Base Rent for the month immediately preceding the adjustment. If the CPI is no longer published, then the adjustment to Base Rent shall be based on an alternate index that most closely reflects the CPI.
Payment: Rent shall be paid to (Name) City of Nevada City, California 317 Broad Street, Nevada City, CA 95959
(831)687-9025 SVUD
Kaicie McMurray
X
Premises: Date
7. PAYMENTS:
PAYMENT
TOTAL DUE RECEIVED BALANCE DUE DUE DATE
A. Rent: From To $ $ $
Date Date
B. Security Deposit . . . . . . . . . . . . . . . . . . . . . . . . $ $ $ C. Other: $ $ $
Category
D. Other: $ $ $
Category
E. Total: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ $ $
8. PARKING: Tenant is entitled to unreserved and reserved vehicle parking spaces. The right to parking is is not included in the Base Rent charged pursuant to paragraph 3. If not included in the Base Rent, the parking rental fee shall be an additional $ per month. Parking space(s) are to be used for parking operable motor vehicles, except for trailers, boats, campers, buses or trucks (other than pick-up trucks). Tenant shall park in assigned space(s) only. Parking space(s) are to be kept clean. Vehicles leaking oil, gas or other motor vehicle fluids shall not be parked in parking spaces or on the Premises. Mechanical work or storage of inoperable vehicles is not allowed in parking space(s) or elsewhere on the Premises. No overnight parking is permitted.
9. ADDITIONAL STORAGE: Storage is permitted as follows: .
The right to additional storage space is is not included in the Base Rent charged pursuant to paragraph 3. If not included in Base Rent, storage space shall be an additional $ per month. Tenant shall store only personal property that Tenant owns, and shall not store property that is claimed by another, or in which another has any right, title, or interest. Tenant shall not store any improperly packaged food or perishable goods, flammable materials, explosives, or other dangerous or hazardous material. Tenant shall pay for, and be responsible for, the clean-up of any contamination caused by Tenant's use of the storage area. .
12. 13.
14. PROPERTY OPERATING EXPENSES:
A. Tenant agrees to pay its proportionate share of Landlord's estimated monthly property operating expenses, including but not limited to, common area maintenance, consolidated utility and service bills, insurance, and real property taxes, based on the ratio of the square footage of the Premises to the total square footage of the rentable space in the entire property. Tenant to pay real property taxes OR B. (If checked) Paragraph 14 does not apply.
15. USE: The Premises are for the sole use as .
No other use is permitted without Landlord's prior written consent. If any use by Tenant causes an increase in the premium on Landlord's existing property insurance, Tenant shall pay for the increased cost. Tenant will comply with all Laws affecting its use of the Premises.
16. RULES/REGULATIONS: Tenant agrees to comply with all rules and regulations of Landlord (and, if applicable, Owner's Association) that are at any time posted on the Premises or delivered to Tenant. Tenant shall not, and shall ensure that guests and licensees of Tenant do not, disturb, annoy, endanger, or interfere with other tenants of the building or neighbors, or use the Premises for any unlawful purposes, including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband, or violate any law or ordinance, or committing a waste or nuisance on or about the Premises.
17. MAINTENANCE:
A. Tenant OR (If checked, Landlord) shall professionally maintain the Premises including heating, air conditioning, electrical, plumbing and water systems, if any, and keep glass, windows and doors in operable and safe condition. Unless Landlord is checked, if Tenant fails to maintain the Premises, Landlord may contract for or perform such maintenance, and charge Tenant for Landlord's cost.
B. Landlord OR (If checked, Tenant) shall maintain the roof, foundation, exterior walls, common areas and .
Landlord's Initials ( ) ( ) Tenant's Initials ( ) ( )
CL REVISED 12/15 (PAGE 2 OF 6)
COMMERCIAL LEASE AGREEMENT (CL PAGE 2 OF 6)
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com 132 Main Street, Nevada City, CA 95959 December 15, 2022 All parking shared
X
X
ZONING AND LAND USE: Tenant accepts the Premises subject to all local, state and federal laws, regulations and ordinances ("Laws"). Landlord makes no representation or warranty that Premises are now or in the future will be suitable for Tenant's use. Tenant has made its own investigation regarding all applicable Laws.
TENANT OPERATING EXPENSES: Tenant agrees to pay for all utilities and services directly billed to Tenant.
Chamber of Commerce business office and visitor center
SVUD
10. LATE CHARGE; INTEREST; NSF CHECKS: Tenant acknowledges that either late payment of Rent or issuance of a NSF check may cause Landlord to incur costs and expenses, the exact amount of which are extremely difficult and impractical to determine. These costs may include, but are not limited to, processing, enforcement and accounting expenses, and late charges imposed on Landlord. If any installment of Rent due from Tenant is not received by Landlord within 5 calendar days after date due, or if a check is returned NSF, Tenant shall pay to Landlord, respectively, $ as late charge, plus 10% interest per annum on the delinquent amount and $25.00 as a NSF fee, any of which shall be deemed additional Rent. Landlord and Tenant agree that these charges represent a fair and reasonable estimate of the costs Landlord may incur by reason of Tenant's late or NSF payment. Any late charge, delinquent interest, or NSF fee due shall be paid with the current installment of Rent.
Landlord's acceptance of any late charge or NSF fee shall not constitute a waiver as to any default of Tenant. Landlord's right to collect a Late Charge or NSF fee shall not be deemed an extension of the date Rent is due under paragraph 4, or prevent Landlord from exercising any other rights and remedies under this agreement, and as provided by law.
11. CONDITION OF PREMISES: Tenant has examined the Premises and acknowledges that Premise is clean and in operative condition, with the following exceptions: .
Items listed as exceptions shall be dealt with in the following manner:
Premises: Date
18. ALTERATIONS: Tenant shall not make any alterations in or about the Premises, including installation of trade fixtures and signs, without Landlord's prior written consent, which shall not be unreasonably withheld. Any alterations to the Premises shall be done according to Law and with required permits. Tenant shall give Landlord advance notice of the commencement date of any planned alteration, so that Landlord, at its option, may post a Notice of Non-Responsibility to prevent potential liens against Landlord's interest in the Premises. Landlord may also require Tenant to provide Landlord with lien releases from any contractor performing work on the Premises.
19. GOVERNMENT IMPOSED ALTERATIONS: Any alterations required by Law as a result of Tenant's use shall be Tenant's responsibility. Landlord shall be responsible for any other alterations required by Law.
20. ENTRY: Tenant shall make Premises available to Landlord or Landlord's agent for the purpose of entering to make inspections, necessary or agreed repairs, alterations, or improvements, or to supply necessary or agreed services, or to show Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, or contractors. Landlord and Tenant agree that 24 hours notice (oral or written) shall be reasonable and sufficient notice. In an emergency, Landlord or Landlord's representative may enter Premises at any time without prior notice.
21. SIGNS: Tenant authorizes Landlord to place a FOR SALE sign on the Premises at any time, and a FOR LEASE sign on the Premises within the 90 (or ) day period preceding the termination of the agreement.
22. SUBLETTING/ASSIGNMENT: Tenant shall not sublet or encumber all or any part of Premises, or assign or transfer this agreement or any interest in it, without the prior written consent of Landlord, which shall not be unreasonably withheld. Unless such consent is obtained, any subletting, assignment, transfer, or encumbrance of the Premises, agreement, or tenancy, by voluntary act of Tenant, operation of law, or otherwise, shall be null and void, and, at the option of Landlord, terminate this agreement. Any proposed sublessee, assignee, or transferee shall submit to Landlord an application and credit information for Landlord's approval, and, if approved, sign a separate written agreement with Landlord and Tenant. Landlord's consent to any one sublease, assignment, or transfer, shall not be construed as consent to any subsequent sublease, assignment, or transfer, and does not release Tenant of Tenant's obligation under this agreement.
23. POSSESSION: If Landlord is unable to deliver possession of Premises on Commencement Date, such date shall be extended to the date on which possession is made available to Tenant. However, the expiration date shall remain the same as specified in paragraph 2. If Landlord is unable to deliver possession within 60 (or ) calendar days after the agreed Commencement Date, Tenant may terminate this agreement by giving written notice to Landlord, and shall be refunded all Rent and security deposit paid.
24. TENANT'S OBLIGATIONS UPON VACATING PREMISES: Upon termination of agreement, Tenant shall: (i) give Landlord all copies of all keys or opening devices to Premises, including any common areas; (ii) vacate Premises and surrender it to Landlord empty of all persons and personal property; (iii) vacate all parking and storage spaces; (iv) deliver Premises to Landlord in the same condition as referenced in paragraph 11; (v) clean Premises; (vi) give written notice to Landlord of Tenant's forwarding address; and (vii) .
All improvements installed by Tenant, with or without Landlord's consent, become the property of Landlord upon termination. Landlord may nevertheless require Tenant to remove any such improvement that did not exist at the time possession was made available to Tenant.
25. BREACH OF CONTRACT/EARLY TERMINATION: In event Tenant, prior to expiration of this agreement, breaches any obligation in this agreement, abandons the premises, or gives notice of tenant's intent to terminate this tenancy prior to its expiration, in addition to any obligations established by paragraph 24, Tenant shall also be responsible for lost rent, rental commissions, advertising expenses, and painting costs necessary to ready Premises for re-rental. Landlord may also recover from Tenant: (i) the worth, at the time of award, of the unpaid Rent that had been earned at the time of termination; (ii) the worth, at the time of award, of the amount by which the unpaid Rent that would have been earned after expiration until the time of award exceeds the amount of such rental loss the Tenant proves could have been reasonably avoided; and (iii) the worth, at the time of award, of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided. Landlord may elect to continue the tenancy in effect for so long as Landlord does not terminate Tenant's right to possession, by either written notice of termination of possession or by reletting the Premises to another who takes possession, and Landlord may enforce all Landlord's rights and remedies under this agreement, including the right to recover the Rent as it becomes due.
26. DAMAGE TO PREMISES: If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake, accident or other casualty, Landlord shall have the right to restore the Premises by repair or rebuilding. If Landlord elects to repair or rebuild, and is able to complete such restoration within 90 days from the date of damage, subject to the terms of this paragraph, this agreement shall remain in full force and effect.
If Landlord is unable to restore the Premises within this time, or if Landlord elects not to restore, then either Landlord or Tenant may terminate this agreement by giving the other written notice. Rent shall be abated as of the date of damage. The abated amount shall be the current monthly Base Rent prorated on a 30-day basis. If this agreement is not terminated, and the damage is not repaired, then Rent shall be reduced based on the extent to which the damage interferes with Tenant's reasonable use of the Premises. If total or partial destruction or damage occurs as a result of an act of Tenant or Tenant's guests, (i) only Landlord shall have the right, at Landlord's sole discretion, within 30 days after such total or partial destruction or damage to treat the lease as terminated by Tenant, and (ii) Landlord shall have the right to recover damages from Tenant.
27. HAZARDOUS MATERIALS: Tenant shall not use, store, generate, release or dispose of any hazardous material on the Premises or the property of which the Premises are part. However, Tenant is permitted to make use of such materials that are required to be used in the normal course of Tenant's business provided that Tenant complies with all applicable Laws related to the hazardous materials. Tenant is responsible for the cost of removal and remediation, or any clean-up of any contamination caused by Tenant.
28. CONDEMNATION: If all or part of the Premises is condemned for public use, either party may terminate this agreement as of the date possession is given to the condemner. All condemnation proceeds, exclusive of those allocated by the condemner to Tenant's relocation costs and trade fixtures, belong to Landlord.
29. INSURANCE: Tenant's personal property, fixtures, equipment, inventory and vehicles are not insured by Landlord against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Tenant is to carry Tenant's own property insurance to protect Tenant from any such loss. In addition, Tenant shall carry (i) liability insurance in an amount of not less than $ and (ii) property insurance in an amount sufficient to cover the replacement cost of the property if Tenant is responsible for maintenance under paragraph 17B. Tenant's insurance shall name Landlord and Landlord's agent as additional insured. Tenant, upon Landlord's request, shall provide Landlord with a certificate of insurance establishing Tenant's compliance. Landlord shall maintain liability insurance insuring Landlord, but not Tenant, in an amount of at least $ , plus property insurance in an amount sufficient to cover the replacement cost of the property unless Tenant is responsible for maintenance pursuant to paragraph 17B. Tenant is advised to carry business interruption insurance in an amount at least sufficient to cover Tenant's complete rental obligation to Landlord. Landlord is advised to obtain a policy of rental loss insurance. Both Landlord and Tenant release each other, and waive their respective rights to subrogation against each other, for loss or damage covered by insurance.
Landlord's Initials ( ) ( ) Tenant's Initials ( ) ( )
CL REVISED 12/15 (PAGE 3 OF 6)
COMMERCIAL LEASE AGREEMENT (CL PAGE 3 OF 6)
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com 132 Main Street, Nevada City, CA 95959 December 15, 2022 2,000,000.00
2,000,000.00
SVUD
Premises: Date
30. TENANCY STATEMENT (ESTOPPEL CERTIFICATE): Tenant shall execute and return a tenancy statement (estoppel certificate), delivered to Tenant by Landlord or Landlord's agent, within 3 days after its receipt. The tenancy statement shall acknowledge that this agreement is unmodified and in full force, or in full force as modified, and state the modifications. Failure to comply with this requirement: (i) shall be deemed Tenant's acknowledgment that the tenancy statement is true and correct, and may be relied upon by a prospective lender or purchaser; and (ii) may be treated by Landlord as a material breach of this agreement. Tenant shall also prepare, execute, and deliver to Landlord any financial statement (which will be held in confidence) reasonably requested by a prospective lender or buyer.
31. LANDLORD'S TRANSFER: Tenant agrees that the transferee of Landlord's interest shall be substituted as Landlord under this agreement.
Landlord will be released of any further obligation to Tenant regarding the security deposit, only if the security deposit is returned to Tenant upon such transfer, or if the security deposit is actually transferred to the transferee. For all other obligations under this agreement, Landlord is released of any further liability to Tenant, upon Landlord's transfer.
32. SUBORDINATION: This agreement shall be subordinate to all existing liens and, at Landlord's option, the lien of any first deed of trust or first mortgage subsequently placed upon the real property of which the Premises are a part, and to any advances made on the security of the Premises, and to all renewals, modifications, consolidations, replacements, and extensions. However, as to the lien of any deed of trust or mortgage entered into after execution of this agreement, Tenant's right to quiet possession of the Premises shall not be disturbed if Tenant is not in default and so long as Tenant pays the Rent and observes and performs all of the provisions of this agreement, unless this agreement is otherwise terminated pursuant to its terms. If any mortgagee, trustee, or ground lessor elects to have this agreement placed in a security position prior to the lien of a mortgage, deed of trust, or ground lease, and gives written notice to Tenant, this agreement shall be deemed prior to that mortgage, deed of trust, or ground lease, or the date of recording.
33. TENANT REPRESENTATIONS; CREDIT: Tenant warrants that all statements in Tenant's financial documents and rental application are accurate.
Tenant authorizes Landlord and Broker(s) to obtain Tenant's credit report at time of application and periodically during tenancy in connection with approval, modification, or enforcement of this agreement. Landlord may cancel this agreement: (i) before occupancy begins, upon disapproval of the credit report(s); or (ii) at any time, upon discovering that information in Tenant's application is false. A negative credit report reflecting on Tenant's record may be submitted to a credit reporting agency, if Tenant fails to pay Rent or comply with any other obligation under this agreement.
34. CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS: Landlord states that the Premises has, or has not been inspected by a Certified Access Specialist. If so, Landlord states that the Premises has, or has not been determined to meet all applicable constructionrelated accessibility standards pursuant to Civil Code Section 55.53.
35. DISPUTE RESOLUTION:
A. MEDIATION: Tenant and Landlord agree to mediate any dispute or claim arising between them out of this agreement, or any resulting transaction, before resorting to arbitration or court action, subject to paragraph 35B(2) below. Paragraphs 35B(2) and (3) apply whether or not the arbitration provision is initialed. Mediation fees, if any, shall be divided equally among the parties involved. If for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED.
B. ARBITRATION OF DISPUTES: (1) Tenant and Landlord agree that any dispute or claim in Law or equity arising between them out of this agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration, including and subject to paragraphs 35B(2) and (3) below. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of real estate transactional law experience, unless the parties mutually agree to a different arbitrator, who shall render an award in accordance with substantive California Law. In all other respects, the arbitration shall be conducted in accordance with Part III, Title 9 of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction. The parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. (2) EXCLUSIONS FROM MEDIATION AND ARBITRATION: The following matters are excluded from Mediation and Arbitration hereunder: (i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or installment land sale contract as defined in Civil Code §2985; (ii) an unlawful detainer action; (iii) the filing or enforcement of a mechanic's lien; (iv) any matter that is within the jurisdiction of a probate, small claims, or bankruptcy court; and (v) an action for bodily injury or wrongful death, or for latent or patent defects to which Code of Civil Procedure §337.1 or §337.15 applies. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a violation of the mediation and arbitration provisions.
(3) BROKERS: Tenant and Landlord agree to mediate and arbitrate disputes or claims involving either or both Brokers, provided either or both Brokers shall have agreed to such mediation or arbitration, prior to, or within a reasonable time after the dispute or claim is presented to Brokers.
Any election by either or both Brokers to participate in mediation or arbitration shall not result in Brokers being deemed parties to the agreement. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE
ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY
NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE
SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU
REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE
COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING
OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION."
Landlord's Initials / Tenant's Initials /
Landlord's Initials ( ) ( ) Tenant's Initials ( ) ( )
CL REVISED 12/15 (PAGE 4 OF 6)
COMMERCIAL LEASE AGREEMENT (CL PAGE 4 OF 6)
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com 132 Main Street, Nevada City, CA 95959 December 15, 2022 X
SVUD
Premises: Date
Notice is deemed effective upon the earliest of the following: (i) personal receipt by either party or their agent; (ii) written acknowledgement of notice; or (iii) 5 days after mailing notice to such location by first class mail, postage pre-paid.
38. WAIVER: The waiver of any breach shall not be construed as a continuing waiver of the same breach or a waiver of any subsequent breach.
39. INDEMNIFICATION: Tenant shall indemnify, defend and hold Landlord harmless from all claims, disputes, litigation, judgments and attorney fees arising out of Tenant's use of the Premises.
40. OTHER TERMS AND CONDITIONS/SUPPLEMENTS:
The following ATTACHED supplements/exhibits are incorporated in this agreement: Option Agreement (C.A.R. Form OA)__________________
41. ATTORNEY FEES: In any action or proceeding arising out of this agreement, the prevailing party between Landlord and Tenant shall be entitled to reasonable attorney fees and costs from the non-prevailing Landlord or Tenant, except as provided in paragraph 35A.
42. ENTIRE CONTRACT: Time is of the essence. All prior agreements between Landlord and Tenant are incorporated in this agreement, which constitutes the entire contract. It is intended as a final expression of the parties' agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this agreement. Any provision of this agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this agreement. This agreement shall be binding upon, and inure to the benefit of, the heirs, assignees and successors to the parties.
43. BROKERAGE: Landlord and Tenant shall each pay to Broker(s) the fee agreed to, if any, in a separate written agreement. Neither Tenant nor Landlord has utilized the services of, or for any other reason owes compensation to, a licensed real estate broker (individual or corporate), agent, finder, or other entity, other than as named in this agreement, in connection with any act relating to the Premises, including, but not limited to, inquiries, introductions, consultations, and negotiations leading to this agreement. Tenant and Landlord each agree to indemnify, defend and hold harmless the other, and the Brokers specified herein, and their agents, from and against any costs, expenses, or liability for compensation claimed inconsistent with the warranty and representation in this paragraph 43.
44. AGENCY CONFIRMATION: The following agency relationships are hereby confirmed for this transaction:
(Print Firm Name) is the agent of (check one):
(Print Firm Name) (if not same as Listing Agent) is the agent of (check one):
both the Tenant and Landlord.
Real Estate Brokers are not parties to the agreement between Tenant and Landlord.
Landlord's Initials ( ) ( ) Tenant's Initials ( ) ( )
CL REVISED 12/15 (PAGE 5 OF 6)
COMMERCIAL LEASE AGREEMENT (CL PAGE 5 OF 6)
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com 132 Main Street, Nevada City, CA 95959 December 15, 2022
36. JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Tenant, each one shall be individually and completely responsible for the performance of all obligations of Tenant under this agreement, jointly with every other Tenant, and individually, whether or not in possession.
37. NOTICE: Notices may be served by mail, facsimile, or courier at the following address or location, or at any other location subsequently designated:
Landlord: City of Nevada City, California Tenant: Nevada City Chamber of Commerce 317 Broad Street, Nevada City, CA 95959 132 Main Street, Nevada City, CA 95959 Tenant must list Landlord as additional insured
Tenant must pay for a maintenance contract with a licensed HVAC company to perform annual maintenance of the HVAC on the property Tenant is responsible for first $200 of HVAC repairs if HVAC maintenance contract is current Landlord is responsible for HVAC repairs above $200 only if maintenance contract is current Tenant is not responsible for plumbing if issue originated outside of all interior walls Tenant must maintain smoke detectors consistent with California Health and Safety Code Tenant must maintain a City business license premises
Tenant must display a Prop. 65 warning statement within the business Listing Agent:
the Landlord exclusively; or both the Tenant and Landlord.
Selling Agent:
t the Tenant exclusively; or the Landlord exclusively; or SVUD
Landlord has no reports on asbestos in the location
Any exterior signage must comply with Nevada City ordinances Premises: Date
Landlord and Tenant acknowledge and agree that Brokers: (i) do not guarantee the condition of the Premises; (ii) cannot verify representations made by others; (iii) will not verify zoning and land use restrictions; (iv) cannot provide legal or tax advice; (v) will not provide other advice or information that exceeds the knowledge, education or experience required to obtain a real estate license. Furthermore, if Brokers are not also acting as Landlord in this agreement, Brokers: (vi) do not decide what rental rate a Tenant should pay or Landlord should accept; and (vii) do not decide upon the length or other terms of tenancy. Landlord and Tenant agree that they will seek legal, tax, insurance, and other desired assistance from appropriate professionals.
Date
(Print name)
Address City State Zip
Tenant Date
(Print name)
Address City State Zip
GUARANTEE: In consideration of the execution of this Agreement by and between Landlord and Tenant and for valuable consideration, receipt of which is hereby acknowledged, the undersigned (“Guarantor”) does hereby: (i) guarantee unconditionally to Landlord and Landlord's agents, successors and assigns, the prompt payment of Rent or other sums that become due pursuant to this Agreement, including any and all court costs and attorney fees included in enforcing the Agreement; (ii) consent to any changes, modifications or alterations of any term in this Agreement agreed to by Landlord and Tenant; and (iii) waive any right to require Landlord and/or Landlord's agents to proceed against Tenant for any default occurring under this Agreement before seeking to enforce this Guarantee.
Guarantor (Print Name)
Guarantor Date
Address City State Zip
Telephone Fax E-mail
Landlord agrees to rent the Premises on the above terms and conditions.
Landlord Date
(owner or agent with authority to enter into this agreement) Address City State Zip
Landlord Date
(owner or agent with authority to enter into this agreement) Address City State Zip
Agency relationships are confirmed as above. Real estate brokers who are not also Landlord in this agreement are not a party to the agreement between Landlord and Tenant.
Real Estate Broker (Leasing Firm) DRE Lic. #
By (Agent) DRE Lic. # Date
Address City Zip
Telephone E-mail
Real Estate Broker (Listing Firm) DRE Lic. #
By (Agent) DRE Lic. # Date
Address City State Zip
Telephone Fax E-mail
© 2015, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats.
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, INC.
a subsidiary of the California Association of REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020
CL REVISED 12/15 (PAGE 6 OF 6)
COMMERCIAL LEASE AGREEMENT (CL PAGE 6 OF 6)
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com 132 Main Street, Nevada City, CA 95959 December 15, 2022 Tenant
Nevada City Chamber of Commerce
City of Nevada City, California
State
Fax
SVUD
132 Main Street Nevada City CA 95959
317 Broad Street Nevada City CA 95959
COMMERCIAL LEASE CONSTRUCTION
ACCESSIBILITY ADDENDUM
(C.A.R. Form CLCA 11/16)
is referred to as "Landlord"
is referred to as "Tenant".
A. Landlord states that the Premises have, or have not been inspected by a Certified Access Specialist (CASp).
B. If the Premises have been inspected by a CASp,
(1) Landlord states that the Premises have, or have not been determined to meet all applicable construction-related accessibility standards pursuant to Civil Code Section 55.53. Landlord shall provide Tenant a copy of the report prepared by the CASp (and, if applicable a copy of the disability access inspection certificate) as specified below. (2) (i) Tenant has received a copy of the report at least 48 hours before executing this lease. Tenant has no right to rescind the lease based upon information contained in the report.
OR (ii) Tenant has received a copy of the report prior to, but no more than, 48 hours before, executing this lease.
Based upon information contained in the report, Tenant has 72 hours after execution of this lease to rescind it.
OR (iii) Tenant has not received a copy of the report prepared by the CASp prior to execution of this lease.
Landlord shall provide a copy of the report prepared by the CASp (and, if applicable a copy of the disability access inspection certificate) within 7 days after execution of this lease. Tenant shall have up to 3 days thereafter to rescind the lease based upon information in the report.
C. If the Premises have not been inspected by a CASp or a certificate was not issued by the CASp who conducted the inspection,
“A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.”
D. Notwithstanding anything to the contrary in paragraph 17, 18, 19 or elsewhere in the lease, any repairs or modifications necessary to correct violations of construction related accessibility standards are the responsibility of Tenant, Landlord, Other .
Tenant (Signature) Date
Tenant (Print name)
Tenant (Signature) Date
Tenant (Print name)
Landlord (Signature) Date
Landlord (Print name)
Landlord (Signature) Date
Landlord (Print name)
© 2016, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats.
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, INC.
a subsidiary of the California Association of REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020
CLCA 11/16 (PAGE 1 OF 1)
COMMERCIAL LEASE CONSTRUCTION ACCESSIBILITY ADDENDUM (CLCA PAGE 1 OF 1) Phone: Fax:
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com This is an addendum to the Commercial Lease Agreement (lease) dated December 15, 2022 in which City of Nevada City, California
and Nevada City Chamber of Commerce
Paragraph 34 of the lease is deleted in its entirety and replaced by the following:
Paragraph 34. CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS:
X
X TBD
Nevada City Chamber of Commerce
City of Nevada City, California
(831)687-9025 SVUD
Kaicie McMurray
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: December 15, 2022 Agenda Item No. 13
Subject: Consideration of the Purchase of Two New
Chevrolet Tahoe Police Patrol Vehicles from Future Chevrolet of Sacramento in the Amount of $126,843.42 and Authorize the City Manager to Rescind the Previously Issued Purchase Order to Enterprise for the Vehicles.
From: Dan Foss, Chief of Police
Date: December 5, 2022
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Approve the purchase and authorize the rescinding of the previous purchase order.
ISSUE STATEMENT AND DISCUSSION:
On September 14, 2022, the City Council approved the purchase of two new patrol vehicles and fully outfit them. The approved vendor for the vehicle purchase was Enterprise Fleet. The City has been notified that Enterprise will be unable to fulfill the order. Future Chevrolet of Sacramento has subsequently provided Government Fleet Sales pricing for the same make and model of vehicle as originally approved for purchase from Enterprise. The price for each vehicle is $58,407.00 plus taxes and fees of $5,014.71, for a total for both vehicles to $126,843.42. This amount is approximately $10,000 greater than the full cost of the vehicles from Enterprise should they have been able to fulfill the order.
This price is approximately $15,000 less than MSRP for comparable vehicles should the City had purchased available vehicles from dealer inventory. Staff recommends that the City Council authorize the City Manager to rescind the previous Enterprise purchase order and issue a new purchase order to Future Chevrolet of Sacramento as noted.
The previous authorization to upfit, outfit, and place the vehicles in service is unchanged as is the authorized contingency funding.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The COPS/SLESF account would provide all funding for the purchase and related expenses:
• $63,422 per vehicle, a total of $126,844.
• $8,530 vehicle equipment (estimated) for a total of $17,060. This includes radio, rear storage box, gun lock, wireless modem, and ballistic shield.
• $16,050 outfit fee per vehicle for lights/siren from Gear-Up for a total of $32,100. • $8,500 contingency funds per vehicle to be used with authorization of City Manager for a total of $17,000.
• The total estimated cost is $96,502 per vehicle. For two vehicles, this brings the total cost up to $193,004.
Once placed in service, insurance, ongoing maintenance, and operations expenses will be covered by the existing City budget. It should be noted that the fleet vehicles of the Nevada City Police Department have an average time of use of approximately ten years.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the embedded strategic initiative of Technology: using, upgrading, and leveraging the strengths of technology to enhance the work of the City. This action is also consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
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).
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Future Chevrolet of Sacramento price quote for 2023 Tahoe
From: Cameron Redford
To: Public Comment
Subject: Business License Requirement for Farmers Market Venders Date: Wednesday, December 7, 2022 3:47:44 PM
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Dear City council, I own a small apiary and sell my honey at the Nevada City Farmers Market.
I'm writing to add to the chorus of voices urging you to lift the requirement for Farmers Market vendors to purchase a business license. There are plenty of barriers in providing local food and there are increasing expenses, stress, worries, etc in maintaining local agricultural enterprises in a time of escalating climate crisis. Some venders (such as myself) only come 1x a month and for only one season. This requirement cuts into my already limited bandwidth and scarce profit. If anything, the city should be coming up with creative ways to subsidize local farming - not adding barriers.
I love participating in the community by vending local honey and being able to answer citizens' questions (in person) about honeybees, their forage, how the honey is processed, the overall health of the bees, etc... I hope to continue this next summer.
Sincerely,
Cam Redford
From: Brand Little
To: Public Comment
Subject: business license for farmers markets
Date: Sunday, December 11, 2022 1:43:25 PM
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Good morning. I am writing this letter to urge the Council to please allow farmers market vendors an exemption from needing to purchase a city business license. Running a market business is already extremely expensive with all of the different licenses, registrations, insurances and permits needed to do business. As a 16 year business doing farmers markets across 7 different counties it’s almost impossible. Thankfully no other counties have required this additional step of a business license as of yet. We are already struggling in a difficult economy etc. We are already required to obtain health permits and temporary food permits at each location we produce for. At some point it’s going to be cost prohibitive. It will be a burden for already struggling vendors.
Thank you for your consideration.
Brand and Laura Little
Little Fish Company
From: Cameron Redford
To: Public Comment
Subject: Business License Requirement for Farmers Market Venders Date: Wednesday, December 7, 2022 3:47:44 PM
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Dear City council, I own a small apiary and sell my honey at the Nevada City Farmers Market.
I'm writing to add to the chorus of voices urging you to lift the requirement for Farmers Market vendors to purchase a business license. There are plenty of barriers in providing local food and there are increasing expenses, stress, worries, etc in maintaining local agricultural enterprises in a time of escalating climate crisis. Some venders (such as myself) only come 1x a month and for only one season. This requirement cuts into my already limited bandwidth and scarce profit. If anything, the city should be coming up with creative ways to subsidize local farming - not adding barriers.
I love participating in the community by vending local honey and being able to answer citizens' questions (in person) about honeybees, their forage, how the honey is processed, the overall health of the bees, etc... I hope to continue this next summer.
Sincerely,
Cam Redford
Day: Six Month: Twelve Year: 2022 C.E.
City of Nevada City
City Council
317 West Broad Street
Nevada City, California 95959
PLEASE TAKE NOTICE Title 5 Chapter 5.04 – BUSINESS LICENSES may have been written without the small local business/artisan in mind. Nevada City is a special place, and a big part of what makes it special is the rustic charm, the local passion for the arts, and the ability for artists to thrive here. There are several provisions in this Ordinance that will not allow artists to continue thriving in our city.
The main two are;
• Not allowing small business “peddlers” to be included under the business licenses of larger organizations.
The Chamber of Commerce and the Nevada City Farmers Market are two of the biggest supporters of small local businesses/artisans and until now have been included under these organizations business license umbrellas. By requiring every “peddler” to hold a license outside of the organization they a booked the show through will stifle that ability to get started and remain in business. I started my art business here, and under these new license requirements I do not believe it would have worked, and I am concerned that I will no longer be able to continue under the provisions of this chapter as written. • Requiring a “peddler” to have a separate license for each location they do business at.
The average cost of an event to vend my handmade jewelry in Nevada City is $40-$100. With the stipulation in the ordinance that a separate license is required per every location, that would add on approximately $100 per show as they are different venues almost every time. In most cases the license fees will more than double the cost for me to vend these events, thus sadly making Nevada City no longer viable to do business in.
I urge the city council to do the equitable thing and create a win win for the sustainability of local small businesses and for the raising of revenue for municipal purposes. One does not need to be at the expense of the other.
Please consider these two provisions and discuss the following; • Granting exemption to community organizations that promote the ability for small business to start and grow by covering their business activity under the main organizational license. • Allowing “peddlers” that work in many locations around the city to have one blanket license per year instead of one for each and every local event/venue that is worked.
Sincerely,
Paul Daniel Jordan
c/o 12219 Rough and Ready Highway
Grass Valley, California
cc: City of Nevada City, Doug Fleming, Mayor, 317 West Broad Street, Nevada City, California 95959 cc: City of Nevada City, Daniela Fernandez, Vice Mayor, 317 West Broad Street, Nevada City, California 95959 cc: City of Nevada City, Gary Peterson, Council Member, 317 West Broad Street, Nevada City, California 95959 cc: City of Nevada City, Adam Kline, Council Member, 317 West Broad Street, Nevada City, California 95959 cc: City of Nevada City, Lou Ceci, Council Member, 317 West Broad Street, Nevada City, California 95959 cc: City of Nevada City, Sean Grayson, City Manager, 317 West Broad Street, Nevada City, California 95959 From: Sharon Leopardi
To: Public Comment; Doug Fleming; Adam Kline; Daniela Fernandez; Lou Ceci; Gary Petersen Cc: [email protected]; Market Manager
Subject: Public Comment to Oppose individual business requirement for NCFM Vendors Date: Tuesday, December 13, 2022 2:32:12 PM
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December 13, 2022
Hello Nevada City Council Members,
This letter is written today in support of creating an exemption to the Nevada City Ordinance requiring each vendor attending the Nevada City Farmers Market (NCFM) to purchase an individual Nevada City Business License.
I, Sharon Leopardi, Sole Proprietor of VIINE Creations and a Nevada City Farmers Market Artisan Craft Vendor, was recently notified by City Manager, Sean Grayson, via an email from the Nevada City Farmers Market, that all individual vendors at the NCFM are now required to purchase a city business license in order to vend at the market. This additional paperwork and expense is burdensome to small businesses that have traditionally been allowed to vend under the umbrella of the city business license held by the NCFMA. This could potentially discourage participation of small farms and other small businesses in the market, including myself.
Myself, and the other experienced vendors at the NCFM, who sell in multiple locations throughout the region, have never been asked to purchase city business licenses from these other cities. We hope Nevada City will also decide to support local agriculture and small businesses in this way.
I believe the NCFM provides a vibrant community gathering place that attracts many customers downtown where we witness them visiting the market, then patronizing restaurants, coffee shops, and other downtown merchants. Many senior citizens and those with low incomes benefit by spending their local and state program benefit dollars at the NCFM, ensuring access to local, fresh, healthful food options. This supportive environment is valuable to everyone involved: the city, local brick and mortar shops, and most importantly, the people of Nevada City.
The health of the NCFM depends on its ability to attract and retain not only farmers, but a diverse array of artisans and food vendors, all of whom have been subject to many challenges over the past few years. With the pressures of rising inflation, the increasing cost of supplies and fuel, and restrictions arising from the recent pandemic, myself and the other vendors have been resilient, but are not invincible.
Myself and local farmers and other vendors are already paying a multitude of fees including those to the county ag commissioner, the county weights and measures department, and the county environmental health department. This new additional requirement could threaten the future viability of the market.
Please allow individual vendors within the NCFM to vend without the additional burden of purchasing a Nevada City Business License.
Thank You,
Sharon Leopardi
VIINE Creations- Sole Propietor
Artisan Vendor with the Nevada City Farmers Market
--
Sharon Anne Leopardi
From: Miriam Morris
To: Public Comment
Subject: Public Comment, agenda items 8, 11, and 12
Date: Monday, December 12, 2022 5:59:13 PM
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Dear Council,
Happy Holidays and congratulations for making it through this challenging year! Item 8: I am so happy to see the City is attempting to procure a grant to develop pre-approved plans for small dwelling units. Thank you! I hope the City will continue to look at creative ways to help alleviate the housing problems of the community.
Item 11: I noticed SYRCL is moving their Wild and Scenic Film Festival to February. Unfortunately, they chose the same weekend as the Mardi Gras Parade. I do not think these two events mesh well. Mardi Gras involves throwing plastic beads and other items that get into the storm drains and pollute the water SYRCL is trying to protect. Please seriously consider if having these two events concurrently is in the best interest of the city.
Item 12: It is important city events, no matter who produces them, align with the strategic plan goals. Thank you for making that part of your formal agreement with the Chamber of Commerce. This Chamber of Commerce is much more hands-on with the businesses and seems more concerned with climate and environmental effects of their events (maybe they can reconfigure Mardi Gras to eliminate plastic throws).
Thank you and Happy New Year!
Miriam Morris
Nevada City