Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY January 25, 2023 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 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. Observing this meeting live from the City of Nevada City YouTube channel at:
https://www.youtube.com/channel/UCXSQwrXtey12YIl3IbyGMYQ
3. 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 “Raise Hand”. If joining by internet: https://us02web.zoom.us/j/89009138474 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 minute 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)
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 January 11, 2023, Regular Meeting
Recommended Action: Review and approve the minutes
2. Fire Activity Report December 2022
Recommended Action: Receive and file the report
3. Consideration of a Report Updating the Status of Resolution No. 2023-03: A Resolution of the City Council of the City of Nevada City, California, Ratifying Proclamation No. 2023-01 of the City Manager Acting is His Role as the Director of Civil Defense and Disaster Declaring an Emergency Due to the December 27, 2022, Winter Storms
Recommended Action: Receive and file the report
4. Consideration of Resolution 2023-05, a Resolution of the City Council of the City of Nevada City, California, Authorizing the City Manager to Sign a Notice of Completion for Various Projects in Nevada City and Authorize the City Clerk to File Said Notice of Completion with the Nevada County Recorder’s Office Recommended Action: Adopt the resolution
5. Second Reading and Consideration of Adoption of Ordinance No. 2023-01: An Ordinance of the City Council of the City of Nevada City, State of California, Amending Chapter 10.25 (“Stopping, Standing, and Parking”) of Title 10 (“Vehicles and Traffic”) of the City of Nevada City Municipal Code Relating to Parking Bail Schedule; Amending Chapter 13.04 (“Water System”) of Title 13 (“Public Services”) of the City of Nevada City Municipal Code Relating to Water Connection Fees; Amending Chapter 13.08 (“Sewer System”) of Title 13 (“Public Services”) of the City of Nevada City Municipal Code Relating to Sewer Connection Fees; and Amending Chapter 17.40 (“GB General Business Zone”) of Title 17 (“Zoning”) of the City of Nevada City Municipal Code Relating to Conditional Use Permit Fees for Ground Level Offices
Recommended Action: Hold second reading and adopt the ordinance CONSENT ITEMS FORWARD (if needed): Items pulled from the Consent Agenda will be discussed individually with action taken by separate motion.
BUSINESS
6. Consideration of an Increase in Authorization from $40,000 to $60,00 for the Business Development Fee Waiver Program
Recommended Action: Approve the increased authorization
7. Consideration of Resolution No. 2023-04: A Resolution of the City Council of the City of Nevada City, California, Adopting the City Council’s Investment Policy Recommended Action: Adopt the resolution
CITY MANAGER, COUNCILMEMBER REPORTS AND FUTURE AGENDA ITEMS
ADJOURNMENT
The meeting will adjourn at 9:30 P.M. unless a decision is made by motion of a Councilmember to extend the time.
Certification of Posting of Agenda
I, Gabrielle Christakes, Deputy City Clerk for the City of Nevada City, declare that the foregoing agenda for the January 25, 2023, Regular Meeting of the Nevada City City Council was posted January 20, 2023, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed January 20, 2023, at Nevada City, California
____________________________________________________________ Gabrielle Christakes, Deputy City Clerk
Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY January 25, 2023 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 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. Observing this meeting live from the City of Nevada City YouTube channel at:
https://www.youtube.com/channel/UCXSQwrXtey12YIl3IbyGMYQ
3. 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 “Raise Hand”. If joining by internet: https://us02web.zoom.us/j/89009138474 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 minute 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)
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 January 11, 2023, Regular Meeting
Recommended Action: Review and approve the minutes
2. Fire Activity Report December 2022
Recommended Action: Receive and file the report
3. Consideration of a Report Updating the Status of Resolution No. 2023-03: A Resolution of the City Council of the City of Nevada City, California, Ratifying Proclamation No. 2023-01 of the City Manager Acting is His Role as the Director of Civil Defense and Disaster Declaring an Emergency Due to the December 27, 2022, Winter Storms
Recommended Action: Receive and file the report
4. Consideration of Resolution 2023-05, a Resolution of the City Council of the City of Nevada City, California, Authorizing the City Manager to Sign a Notice of Completion for Various Projects in Nevada City and Authorize the City Clerk to File Said Notice of Completion with the Nevada County Recorder’s Office Recommended Action: Adopt the resolution
5. Second Reading and Consideration of Adoption of Ordinance No. 2023-01: An Ordinance of the City Council of the City of Nevada City, State of California, Amending Chapter 10.25 (“Stopping, Standing, and Parking”) of Title 10 (“Vehicles and Traffic”) of the City of Nevada City Municipal Code Relating to Parking Bail Schedule; Amending Chapter 13.04 (“Water System”) of Title 13 (“Public Services”) of the City of Nevada City Municipal Code Relating to Water Connection Fees; Amending Chapter 13.08 (“Sewer System”) of Title 13 (“Public Services”) of the City of Nevada City Municipal Code Relating to Sewer Connection Fees; and Amending Chapter 17.40 (“GB General Business Zone”) of Title 17 (“Zoning”) of the City of Nevada City Municipal Code Relating to Conditional Use Permit Fees for Ground Level Offices
Recommended Action: Hold second reading and adopt the ordinance CONSENT ITEMS FORWARD (if needed): Items pulled from the Consent Agenda will be discussed individually with action taken by separate motion.
BUSINESS
6. Consideration of an Increase in Authorization from $40,000 to $60,00 for the Business Development Fee Waiver Program
Recommended Action: Approve the increased authorization
7. Consideration of Resolution No. 2023-04: A Resolution of the City Council of the City of Nevada City, California, Adopting the City Council’s Investment Policy Recommended Action: Adopt the resolution
CITY MANAGER, COUNCILMEMBER REPORTS AND FUTURE AGENDA ITEMS
ADJOURNMENT
The meeting will adjourn at 9:30 P.M. unless a decision is made by motion of a Councilmember to extend the time.
Certification of Posting of Agenda
I, Gabrielle Christakes, Deputy City Clerk for the City of Nevada City, declare that the foregoing agenda for the January 25, 2023, Regular Meeting of the Nevada City City Council was posted January 20, 2023, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed January 20, 2023, at Nevada City, California
____________________________________________________________ Gabrielle Christakes, Deputy City Clerk
1 CITY OF NEVADA CITY
ACTION MINUTES
REGULAR CITY COUNCIL MEETING OF JAN 11, 2023
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 Kline, seconded by Ceci to adopt the agenda as presented. (Approved 5-0) Fleming, Fernàndez, Petersen Kline and Ceci 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 December 15, 2022, Regular Meeting
Recommended Action: Review and approve the minutes
2. Accounts Payable – December 2022
Recommended Action: Receive and file the report
3. Police Activity Report December 2022
Recommended Action: Receive and file the report
4. Building Activity Report December 2022
Recommended Action: Receive and file the report
5. Fire Activity Report November 2022
Recommended Action: Receive and file the report
6. Business Development Fee Waiver Program Activity Report December 2022 Recommended Action: Receive and file the report
2 7. Consideration of Side Letter No. 1 to the Nevada City Miscellaneous Employee’s Association Memorandum of Understanding (MOU) July 1, 2022 through June 30, 2025 Adding a Classification to the Employee Group and Implementing Special Certificate Pay Incentive Recommended Action: Review and approve the side letter
8. Consideration of Side Letter No. 1 to the Nevada City Management and Supervisory Employee’s Association Memorandum of Understanding (MOU) July 1, 2022 through June 30, 2025 Implementing Special Certificate Pay Incentive
Recommended Action: Review and approve the side letter
9. Consideration of the Special Event Street Closure Request for the Bear Yuba Land Trust Celebration of Trails 2023
Recommended Action: Review, approve, and authorize the special event street closure requests per the submitted application
Action: Motion by Petersen, Seconded by Ceci to approve items 1-9 (Approved 5-0) Fleming, Fernàndez, Petersen, Kline and Ceci
PUBLIC HEARING
10. Conduct a Public Hearing in Consideration of Ordinance No. 2023-01: An Ordinance of the City Council of the City of Nevada City, State of California, Amending Chapter 10.25 (“Stopping, Standing, and Parking”) of Title 10 (“Vehicles and Traffic”) of the City of Nevada City Municipal Code Relating to Parking Bail Schedule; Amending Chapter 13.04 (“Water System”) of Title 13 (“Public Services”) of the City of Nevada City Municipal Code Relating to Water Connection Fees; Amending Chapter 13.08 (“Sewer System”) of Title 13 (“Public Services”) of the City of Nevada City Municipal Code Relating to Sewer Connection Fees; and Amending Chapter 17.40 (“GB General Business Zone”) of Title 17 (“Zoning”) of the City of Nevada City Municipal Code Relating to Conditional Use Permit Fees for Ground Level Offices; and
Consideration of Resolution No. 2023-02: A Resolution of the City Council of the City of Nevada City, California, Amending the Fiscal Year 2022-2023 Citywide Master Fee Schedule In Relation to the Ordinance Updates
Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for January 25, 2023; adopt the fee resolution
Action: Motion by Fernàndez, seconded by Kline to Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for January 25, 2023
(Approved 5-0) Fleming, Fernàndez, Petersen, Kline and Ceci Action: Motion by Petersen, Seconded by Fernàndez to adopt Resolution 2023-02 amending the Fiscal Year 2022-2023 Citywide Master Fee Schedule In Relation to the Ordinance Updates (Approved 5-0) Fleming, Fernàndez, Petersen, Kline and Ceci
BUSINESS
11. Consideration of Resolution No. 2023-03: A Resolution of the City Council of the City of Nevada City, California, Ratifying Proclamation No. 2023-01 of the City Manager Acting is His Role as the Director of Civil Defense and Disaster Declaring an Emergency Due to the December 31, 2022, Winter Storm
3 Recommended Action: Adopt the resolution Ratifying Proclamation No. 2023-01 of the City Manager Acting is His Role as the Director of Civil Defense and Disaster Declaring an Emergency Due to the December 31, 2022, Winter Storm
Action: Motion by Ceci, seconded by Fernàndez to adopt Resolution 2023-03 Ratifying Proclamation No. 2023-01 of the City Manager Acting is His Role as the Director of Civil Defense and Disaster Declaring an Emergency Due to the December 31, 2022, Winter Storm
(Approved 5-0) Fleming, Fernàndez, Petersen, Kline and Ceci
12. Consideration of a 2022 Year In Review Report and a Report on the Work and Recommendations of the City’s Seven (7) Strategic Initiative Committees and Provide Direction to the City Manager for Future Action
Recommended Action: Receive a presentation, receive and file the report, and provide direction
13. Consideration of Adoption of Resolution No. 2023-01: A Resolution of the City Council of the City of Nevada City Clarifying Holidays as Applicable to Parking Meter Fees Recommended Action: Adopt the resolution
Action: Motion by Kline, seconded by Fernàndez to adopt Resolution No. 2023-01 Clarifying Holidays as Applicable to Parking Meter Fees
(Approved 5-0) Fleming, Fernàndez, Petersen, Kline and Ceci CITY MANAGER AND COUNCILMEMBER REPORTS: Verbal report provided ADJOURNMENT: 8:22 PM
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Doug Fleming, Mayor
ATTEST:
____________________________
Niel Locke, City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: January 25, 2023 Agenda Item No. 02
Subject: Fire Activity Report – December 2022
From: Sam Goodspeed, Division Chief
Date: January 17, 2023
Reviewed & Approved: STG
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
1 49 49
Total: 1 Total: 49
Avg: 49.00
Apparatus Resource ID (FD18.1): Chief 5401
1 4 4
Total: 1 Total: 4
Avg: 4.00
Apparatus Resource ID (FD18.1): Engine 84
5 166 33
Total: 5 Total: 166
Avg: 33.20
Apparatus Resource ID (FD18.1): Engine 86
1 28 28
Total: 1 Total: 28
Avg: 28.00
Apparatus Resource ID (FD18.1): Engine2362
2 55 28
Total: 2 Total: 55
Avg: 27.50
Apparatus Resource ID (FD18.1): Rescue 84
26 505 19
Total: 26 Total: 505
Avg: 19.42
Total: 36 Total: 807
Avg: 26.85
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: 01/14/2023 08:09:11 AM
Basic Incident Type (Fd1.21):
Apparatus Resource Id (Fd18.1):
Basic Incident Date - Derived (Fd1.3):
Elite grsnev Station 5 Incident Type Report (Summary)
Basic Incident Type Code And
Description (FD1.21)
Total
Incidents
Total Incidents Percent of
Incidents
Total
Property
Loss
Total Content
Loss
Total Loss Total Loss Percent
of Total
Incident Type Category (FD1.21): 1 - Fire
111 - Building fire 1 0.78% 10,000.00 0.00 10,000.00 100.00% 113 - Cooking fire, confined to container 2 1.56%
Total: 3 Total: 2.34% Total:
10,000.00
Total: 0.00 Total:
10,000.00
Total: 100.00%
Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 311 - Medical assist, assist EMS crew 9 7.03%
321 - EMS call, excluding vehicle
accident with injury
52 40.63%
322 - Motor vehicle accident with injuries 5 3.91%
324 - Motor vehicle accident with no
injuries.
7 5.47%
Total: 73 Total: 57.03% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 411 - Gasoline or other flammable liquid
spill
1 0.78%
412 - Gas leak (natural gas or LPG) 5 3.91%
444 - Power line down 2 1.56%
461 - Building or structure weakened or
collapsed
1 0.78%
Total: 9 Total: 7.03% 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 0.78%
552 - Police matter 1 0.78%
554 - Assist invalid 7 5.47%
Total: 9 Total: 7.03% 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 17 13.28%
6111 - Holding in Quarters 2 1.56%
622 - No incident found on arrival at
dispatch address
4 3.13%
652 - Steam, vapor, fog or dust thought
to be smoke
1 0.78%
Total: 24 Total: 18.75% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 7 - False Alarm & False Call 731 - Sprinkler activation due to
malfunction
2 1.56%
732 - Extinguishing system activation due
to malfunction
1 0.78%
735 - Alarm system sounded due to
malfunction
3 2.34%
736 - CO detector activation due to
malfunction
1 0.78%
743 - Smoke detector activation, no fire -
unintentional
1 0.78%
745 - Alarm system activation, no fire -
unintentional
2 1.56%
Total: 10 Total: 7.81% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Total: 128 Total: 100.00% Total:
10,000.00
Total: 0.00 Total:
10,000.00
Total: 100.00%
Report Criteria
Is Not Blank
Is In Brush 5, Chief 5400, Engine 5, Utility 5
Is Equal To Last Month
1 of 1 Printed On: 01/14/2023 08:03:19 AM
Apparatus Resource Id (Fd18.1):
Basic Incident Date - Derived (Fd1.3):
Elite grsnev Station 5 Response by District
Basic Incident Zone/District Number (FD1.32) Number of Incidents 5 1 - Station 1 - City 6
2 - Station 2 - City 37
5 - Station 5 - City 50
NCC 54 8
NCC 84 15
NCC 86 4
NCC 87 6
NCC 91/92 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: 01/14/2023 08:03:20 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): 3 - Rescue & Emergency Medical Service Incident 311 - Medical assist, assist EMS crew 2 3.45%
321 - EMS call, excluding vehicle accident
with injury
31 53.45%
322 - Motor vehicle accident with injuries 1 1.72%
324 - Motor vehicle accident with no
injuries.
1 1.72%
Total: 35 Total: 60.34% 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) 3 5.17%
444 - Power line down 3 5.17%
461 - Building or structure weakened or
collapsed
1 1.72%
463 - Vehicle accident, general cleanup 1 1.72%
Total: 8 Total: 13.79% 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 1.72%
553 - Public service 2 3.45%
554 - Assist invalid 2 3.45%
Total: 5 Total: 8.62% 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 6 10.34%
622 - No incident found on arrival at
dispatch address
1 1.72%
Total: 7 Total: 12.07% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 7 - False Alarm & False Call 735 - Alarm system sounded due to
malfunction
1 1.72%
736 - CO detector activation due to
malfunction
1 1.72%
745 - Alarm system activation, no fire -
unintentional
1 1.72%
Total: 3 Total: 5.17% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Total: 58 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: 01/14/2023 08:03:12 AM
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: January 25, 2023 Agenda Item No. 03
Subject: Consideration of a Report Updating the Status of Resolution No. 2023-03: A Resolution of the City Council of the City of Nevada City, California, Ratifying Proclamation No. 2023-01 of the City Manager Acting is His Role as the Director of Civil Defense and Disaster Declaring an Emergency Due to the December 27, 2022, Winter Storms.
From: Sean Grayson, City Manager
Date: January 19, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
On January 11, 2023, the City Council adopted Resolution 2023-03 A Resolution of the City Council of the City of Nevada City, California, Ratifying Proclamation No. 2023-01 of the City Manager Acting is His Role as the Director of Civil Defense and Disaster Declaring an Emergency Due to the December 27, 2022, Winter Storms. The City submitted its Initial Damage Estimate (IDE) on January 11, 2023 and has continued to catalog damage and expenses in related to the local, state, and federally declared emergency from the impact of the storms.
The IDE amount was $378,000 at the time of submittal, as of January 19, 2023 the IDE amount is $403,450 which includes additional costs related to the removal of trees from Deer Creek that had impacted the Nevada Street Bridge and corrective measures for a sink hole that opened on Jordan Street since the January 11, 2023 submission.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None with this report. Staff submit requests for reimbursement of costs associated with the storm through state and federal programs.
STRATEGIC PLAN ALIGNMENT:
This action 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:
Proclamation 2023-01
Resolution 2023-03
RESOLUTION NO. 2023-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA
CITY, CALIFORNIA, RATIFYING PROCLAMATION NO. 2023-01 OF
THE CITY MANAGER ACTING IN HIS ROLE AS THE DIRECTOR OF
CIVIL DEFENSE AND DISASTER DECLARING AN EMERGENCY DUE
TO THE JANUARY 27, 2022, WINTER STORM
THE CITY COUNCIL OF NEVADA CITY DOES HEREBY RESOLVE AS FOLLOWS:
WHEREAS, the City Manager, acting in his role as the Director of Civil Defense and Disaster is authorized to declare the existence of an emergency pursuant to Government Code section 8630 and Nevada City Municipal Code section 2.44.050(A)(1) when the City is affected or likely to be affected by a public calamity; and
WHEREAS, Government Code Section 8550 et seq., including Section 8558(c), and 8630 authorize the City Manager to proclaim a local emergency when the City is threatened by conditions of disaster or extreme peril to the safety of persons and property within the City that are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and WHEREAS, the City of Nevada City on December 27, 2022, and continuing through at least January 11, 2023, was inundated by winter storms that created high winds and excessive amounts of rain in an area that generally does not receive such a volume of snow and rain in such a small period of time; and
WHEREAS, the impacts of the storms resulted in a large number of fallen trees and limbs blocking city streets and sidewalks creating safety hazards and damage throughout the city; and WHEREAS the City’s water and wastewater treatment facilities operated on generator power and experienced an inundation of debris and rocks causing operations impacts and damage to infrastructure; and
WHEREAS, portions of the city experienced loss of power, loss of phone, and loss of internet due to Pacific Gas & Electric (PG&E) lines being torn down by the fallen trees and limbs as well as many utility poles being downed; and
WHEREAS, the conditions presented by this storm have taxed the city’s small staff to the limit and conditions created by the storm are beyond the control, capacity and resources of the city’s resources, services, equipment and facilities of the city; and
WHEREAS, those same conditions constitute and warrant a proclamation of the existence of a local emergency; and
WHEREAS, on January 4, 2023, California Governor Gavin Newsom issued a Proclamation of a State of Emergency throughout California for the severe winter storms; and
WHEREAS, on January 5, 2023, the City Manager for Nevada City, acting in his capacity as Director of Civil Defense and Disaster, issued Proclamation No. 2023-01 declaring the existence of an emergency. A true and correct copy of this Proclamation is attached hereto and incorporated by reference.
NOW, THEREFORE, IT IS ORDERED by the City Council of the City of Nevada City as follows:
A. The City Manager’s Proclamation of an Emergency No. 2023-01 dated January 5, 2023, and orders contained therein, are hereby ratified.
B. As contemplated in the Emergency Services Act contained in Government Code Section 8550, et seq., including Section 8558(c), and Chapter 2.44 of the Nevada City Municipal Code, a local emergency exists based on the existence of conditions of disaster or of extreme peril to the safety of persons and property caused by the impacts of the December 31, 2022, snowstorm as detailed in the recitals set forth above.
C. The area of the City which is endangered/imperiled is the entire City.
D. City Manager, acting in his capacity as Director of Civil Defense and Disaster, is authorized to perform all duties as outlined in section 2.44.050 of the Nevada City Municipal Code to protect life and property for the duration of the Emergency.
E. During the existence of this emergency, the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law and by ordinances, resolutions, and orders of this City.
F. The following orders shall remain in effect for the duration of this Emergency:
1. The orders and/or recommendations of the Director of Civil Defense and Disaster are deemed mandatory.
2. The Emergency Waiver Provisions in the Memorandums of Understanding (MOU) for Management and Supervisory Employees and Miscellaneous Employees is invoked suspending the provisions of the City’s Personnel Rules and MOUs as they relate to the City’s ability to respond to this emergency.
G. A copy of this resolution and the emergency proclamation shall be forwarded to the Director of California Governor’s Office of Emergency Services requesting that the Director find it acceptable in accordance with State Law; that the Governor of California, pursuant to the Emergency Services Act, issue a proclamation declaring an emergency in the City of Nevada City; that the Governor waive regulations that may hinder response and recovery efforts; that recovery assistance be made available under the California Disaster Assistance Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs.
H. This local emergency shall continue to exist until the City Council proclaims the termination of this local emergency. The City Council shall review the need for continuing the local emergency at least once every sixty (60) days until the City Council terminates the emergency.
PASSED, APPROVED AND ADOPTED this 11th day of January 2023. ______________________________
Doug Fleming, Mayor
ATTEST:
_________________________________
Gabrielle Christakes, Deputy City Clerk
APPROVED AS TO FORM:
_________________________________
Dean J. Pucci, City Attorney
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: January 25, 2023 Agenda Item No. 04
Subject: Consideration of Resolution 2023-05, a Resolution of the City Council of the City of Nevada City, California, Authorizing the City Manager to Sign a Notice of Completion for Various Projects in Nevada City and Authorize the City Clerk to File Said Notice of Completion with the Nevada County Recorder’s Office
From: Bryan McAlister, City Engineer
Date: January 19, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Adopt the resolution.
ISSUE STATEMENT AND DISCUSSION:
City Engineering and Public Works staff identified areas where Street Improvements and Water, Sewer and Storm Drain Improvements were needed for various projects and contracts were awarded by City Council. All projects listed are complete.
Project Contractor Date Awarded Date Completed
Commercial Street Phase 1B Water
Improvements
Hardcore
Construction
February 24,
2021 July 31, 2021
Mill Street Water Improvements PSCE August 11, 2021 November 30, 2021 Searls Avenue Sewer C&D October 13, 2021 July 31, 2022
Commercial Street Phase 1C Storm
Drain Hansen Bros. February 9, 2022 August 31, 2022
Commercial Street Phase 2
Improvements DMCE February 23, 2022 November 30, 2022
The Contractors were able to complete the work within the contract time allotted and final payments were made for completed work in accordance with contract provisions. City staff recommends the filing and recording of Notices of Completion.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Mill Street Water Improvements project was funded as authorized by fiscal year 2021/2022 water fund appropriations and by Measure S for drainage improvements.
Searls Avenue Sewer Improvements project was funded as authorized by fiscal year 2021/2022 sewer fund appropriations and by Cost-Share Reimbursement with Cashin’s Field Affordable Housing project and with Measure S funds for trench paving.
Commercial Street projects (Phases 1B, 1C and 2) were funded as authorized by SB 1 and matching Measure “S” and “M” funds for storm drain and street rehabilitation and by fiscal year 2019/2020 and 2020/2021 water and sewer fund appropriations
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
ATTACHMENTS:
Resolution 2023-05
Exhibits ‘A’, ‘B’ ‘C’, ‘D’, and ‘E’, Notices of Completion RESOLUTION NO. 2023-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA
CITY, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO SIGN
A NOTICE OF COMPLETION FOR VARIOUS PROJECTS IN NEVADA
CITY
THE CITY COUNCIL OF NEVADA CITY DOES HEREBY RESOLVE AS FOLLOWS:
WHEREAS, City Engineering and Public Works staff identified areas where Street Improvements and Water, Sewer and Storm Drain Improvements were needed for various projects; and WHEREAS, Contracts were awarded by City Council as follows; and Commercial Street Phase 1B Water Improvements was awarded to Hardcore Const. on Feb. 24, 2021 Mill Street Water Improvements was awarded to PSCE on Aug. 11, 2021 Searls Avenue Sewer Improvements was awarded to C&D on Oct. 13, 2021 Commercial Street Phase 1C Storm Drain Improvements was awarded to Hansen Bros. on Feb. 9, 2022 Commercial Street Phase 2 Street Improvements was awarded to DMCE on Feb. 23, 2022 WHEREAS, Contractors completed the work within the contract time allotted and City staff approved final payment for all completed work in accordance with contract provisions.
NOW, THEREFORE, IT IS ORDERED by the City Council of the City of Nevada City as follows:
A. That the City Manager is authorized to sign a “Notice of Completion” for each contract, a copy of which is attached hereto and labeled “Exhibits A, B, C, D and E” which completes the construction of the projects listed therein.
B. That the City Clerk is authorized to file said “Notice of Completion” for each contract with the Nevada County Recorder’s Office.
PASSED, APPROVED AND ADOPTED this 25th day of January 2023. ______________________________
Doug Fleming, Mayor
ATTEST: APPROVED AS TO FORM:
_________________________________ _________________________________ Gabrielle Christakes, Deputy City Clerk Dean J. Pucci, City Attorney
EXHIBIT A
RECORDING REQUESTED BY and
WHEN RECORDING MAIL TO:
DEPUTY CITY CLERK
CITY OF NEVADA CITY
317 Broad Street
Nevada City, CA 95959
SPACE ABOVE THIS LINE FOR DEPUTY CITY CLERK'S USE ONLY
NOTICE IS HEREBY GIVEN THAT:
1. That the undersigned is OWNER or agent of the OWNER of the interest of estate stated below in the property hereinafter described.
2. The FULL NAME of the OWNER is: City of Nevada City
3. The FULL ADDRESS of the OWNER is: 317 Broad St, Nevada City, CA 95959
4. The nature of the INTEREST or Estate of the undersigned is: FEE
5. A work of improvement on the property hereinafter described was COMPLETED: July 31, 2021
6. The work of improvement completed is described as follows: Commercial Street Phase 1B Water Improvements in the City of Nevada City.
7. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: Hardcore Construction
8. The location of said project work is: Commercial Street in Nevada City
9. The property of which said work of improvement was completed is in the City of Nevada City, County of Nevada, State of California and is described as follows: Commercial Street.
City of Nevada City
Owner
by: ___________________________________
Sean Grayson, City Manager
__________________________________________ ________________________________________ (Date and Place) (Signature)
NOTICE OF COMPLETION
"I certify under penalty of perjury that the foregoing is true and correct."
EXHIBIT B
RECORDING REQUESTED BY and
WHEN RECORDING MAIL TO:
DEPUTY CITY CLERK
CITY OF NEVADA CITY
317 Broad Street
Nevada City, CA 95959
SPACE ABOVE THIS LINE FOR DEPUTY CITY CLERK'S USE ONLY
NOTICE IS HEREBY GIVEN THAT:
1. That the undersigned is OWNER or agent of the OWNER of the interest of estate stated below in the property hereinafter described.
2. The FULL NAME of the OWNER is: City of Nevada City
3. The FULL ADDRESS of the OWNER is: 317 Broad St, Nevada City, CA 95959
4. The nature of the INTEREST or Estate of the undersigned is: FEE
5. A work of improvement on the property hereinafter described was COMPLETED: November 30, 2021
6. The work of improvement completed is described as follows: Mill Street Water Improvements in the City of Nevada City.
7. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: PSCE
8. The location of said project work is: Mill Street in Nevada City
9. The property of which said work of improvement was completed is in the City of Nevada City, County of Nevada, State of California and is described as follows: Mill Street.
City of Nevada City
Owner
by: ___________________________________
Sean Grayson, City Manager
__________________________________________ ________________________________________ (Date and Place) (Signature)
NOTICE OF COMPLETION
"I certify under penalty of perjury that the foregoing is true and correct."
EXHIBIT C
RECORDING REQUESTED BY and
WHEN RECORDING MAIL TO:
DEPUTY CITY CLERK
CITY OF NEVADA CITY
317 Broad Street
Nevada City, CA 95959
SPACE ABOVE THIS LINE FOR DEPUTY CITY CLERK'S USE ONLY
NOTICE IS HEREBY GIVEN THAT:
1. That the undersigned is OWNER or agent of the OWNER of the interest of estate stated below in the property hereinafter described.
2. The FULL NAME of the OWNER is: City of Nevada City
3. The FULL ADDRESS of the OWNER is: 317 Broad St, Nevada City, CA 95959
4. The nature of the INTEREST or Estate of the undersigned is: FEE
5. A work of improvement on the property hereinafter described was COMPLETED: July 31, 2022
6. The work of improvement completed is described as follows: Searls Avenue Sewer Improvements in the City of Nevada City.
7. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: C&D Contractors Inc.
8. The location of said project work is: Searls Avenue in Nevada City
9. The property of which said work of improvement was completed is in the City of Nevada City, County of Nevada, State of California and is described as follows: Searls Avenue.
City of Nevada City
Owner
by: ___________________________________
Sean Grayson, City Manager
__________________________________________ ________________________________________ (Date and Place) (Signature)
NOTICE OF COMPLETION
"I certify under penalty of perjury that the foregoing is true and correct."
EXHIBIT D
RECORDING REQUESTED BY and
WHEN RECORDING MAIL TO:
DEPUTY CITY CLERK
CITY OF NEVADA CITY
317 Broad Street
Nevada City, CA 95959
SPACE ABOVE THIS LINE FOR DEPUTY CITY CLERK'S USE ONLY
NOTICE IS HEREBY GIVEN THAT:
1. That the undersigned is OWNER or agent of the OWNER of the interest of estate stated below in the property hereinafter described.
2. The FULL NAME of the OWNER is: City of Nevada City
3. The FULL ADDRESS of the OWNER is: 317 Broad St, Nevada City, CA 95959
4. The nature of the INTEREST or Estate of the undersigned is: FEE
5. A work of improvement on the property hereinafter described was COMPLETED: August 31, 2022
6. The work of improvement completed is described as follows: Commercial Street Phase 1C Storm Drain in the City of Nevada City.
7. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: Hansen Bros.
8. The location of said project work is: Commercial Street in Nevada City
9. The property of which said work of improvement was completed is in the City of Nevada City, County of Nevada, State of California and is described as follows: Commercial Street.
City of Nevada City
Owner
by: ___________________________________
Sean Grayson, City Manager
__________________________________________ ________________________________________ (Date and Place) (Signature)
NOTICE OF COMPLETION
"I certify under penalty of perjury that the foregoing is true and correct."
EXHIBIT E
RECORDING REQUESTED BY and
WHEN RECORDING MAIL TO:
DEPUTY CITY CLERK
CITY OF NEVADA CITY
317 Broad Street
Nevada City, CA 95959
SPACE ABOVE THIS LINE FOR DEPUTY CITY CLERK'S USE ONLY
NOTICE IS HEREBY GIVEN THAT:
1. That the undersigned is OWNER or agent of the OWNER of the interest of estate stated below in the property hereinafter described.
2. The FULL NAME of the OWNER is: City of Nevada City
3. The FULL ADDRESS of the OWNER is: 317 Broad St, Nevada City, CA 95959
4. The nature of the INTEREST or Estate of the undersigned is: FEE
5. A work of improvement on the property hereinafter described was COMPLETED: November 30, 2022
6. The work of improvement completed is described as follows: Commercial Street Phase 2 Street Improvements in the City of Nevada City.
7. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: DMCE Concrete Inc.
8. The location of said project work is: Commercial Street in Nevada City
9. The property of which said work of improvement was completed is in the City of Nevada City, County of Nevada, State of California and is described as follows: Commercial Street.
City of Nevada City
Owner
by: ___________________________________
Sean Grayson, City Manager
__________________________________________ ________________________________________ (Date and Place) (Signature)
NOTICE OF COMPLETION
"I certify under penalty of perjury that the foregoing is true and correct."
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: January 25, 2023 Agenda Item No. 05
Subject: Second Reading and Consideration of Adoption of Ordinance No. 2023-01: An Ordinance of the City Council of the City of Nevada City, State of California, Amending Chapter
10.28 (“Stopping, Standing, and Parking”) of Title 10
(“Vehicles and Traffic”) of the City of Nevada City Municipal Code Relating to Parking Bail Schedule; Amending Chapter
13.04 (“Water System”) of Title 13 (“Public Services”) of the City of Nevada City Municipal Code Relating to Water
Connection Fees; Amending Chapter 13.08 (“Sewer System”) of Title 13 (“Public Services”) of the City of Nevada City Municipal Code Relating to Sewer Connection Fees; and
Amending Chapter 17.40 (“GB General Business Zone”) of
Title 17 (“Zoning”) of the City of Nevada City Municipal Code Relating to Conditional Use Permit Fees for Ground Level Offices.
From: Sean Grayson, City Manager
Date: January 19, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Hold second reading and adopt the ordinance.
ISSUE STATEMENT AND DISCUSSION:
At the January 11, 2023 regular City Council meeting, the City Council introduced Ordinance 2023-01 in regard to changes sections of the municipal code related to fees.
In order to provide transparency and ease of access to fees assessed by the City, a Citywide Master Fee Schedule was adopted in conjunction with the fiscal year 2022/2023 budget on June 22, 2022. The City Council has taken action by resolution and ordinance to add additional fees since then including fees for:
film permits, scattering of cremated human remains, parklet dining encroachment permits, and sidewalk dining encroachment permits. The majority of the Nevada City Municipal Code prescribes that fees within the various chapters be established by resolution of the City Council however four sections list the specific fee within the municipal code and therefor cannot be changed other than by ordinance change. In order to align all fees as established by resolution of the City Council, this omnibus ordinance amendment is recommended.
Chapter 10.25 of the municipal code contains fines for vehicle code violations within the City; Chapter
13.04 of the municipal code contains fees for water connection charges within the City; Chapter 13.08 of the municipal code contains fees for sewer connection charges within the City; and Chapter 17.40 of the municipal code contains fees for application for a ground level office within the general business district within the City. Adoption of ordinance 2023-01 will amend each chapter to reflect that the related fees be set by resolution of the City Council.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Not applicable.
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:
Ordinance 2023-01
ORDINANCE 2023-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY, CALIFORNIA, AMENDING CHAPTER 10.28 (“STOPPING, STANDING, AND PARKING”) OF TITLE 10 (“VEHICLES AND TRAFFIC”) OF THE CITY
OF NEVADA CITY MUNICIPAL CODE RELATING TO PARKING BAIL
SCHEDULE; AMENDING CHAPTER 13.04 (“WATER SYSTEM”) OF TITLE 13 (“PUBLIC SERVICES”) OF THE CITY OF NEVADA CITY MUNICIPAL CODE RELATING TO WATER CONNECTION FEES; AMENDING
CHAPTER 13.08 (“SEWER SYSTEM”) OF TITLE 13 (“PUBLIC
SERVICES”) OF THE CITY OF NEVADA CITY MUNICIPAL CODE
RELATING TO SEWER CONNECTION FEES; AND AMENDING CHAPTER
17.40 (“GB GENERAL BUSINESS ZONE”) OF TITLE 17 (“ZONING”) OF
THE CITY OF NEVADA CITY MUNICIPAL CODE RELATING TO
CONDITIONAL USE PERMIT FEES FOR GROUND LEVEL OFFICES
THE CITY COUNCIL OF THE CITY OF NEVADA CITY DOES HEREBY FIND AS FOLLOWS:
WHEREAS, Nevada City has the authority enact regulations to promote the public health, safety and welfare under Article XI, Section 7 of the California Constitution; and
WHEREAS, this authority, along with various other statues, authorize the City Council to levy fees, fines, and charges; and
WHEREAS, Chapter 10.28 of the Nevada City municipal code contains regulations governing the stopping, standing and parking of vehicles in the City and imposes fines for their violation; and
WHEREAS, Chapter 13.04 of the Nevada City municipal code contains regulations relating to the City’s water system and imposes fees for water connection charges within the City; and
WHEREAS, Chapter 13.08 of the Nevada City municipal code contains regulations relating to the City’s sewer system and imposes fees for sewer connection charges within the City; and
WHEREAS, Chapter 17.40 of the Nevada City municipal code contains land-use regulations for the General Business zone and imposes fees for conditional use permit applications for a ground level office; and
WHEREAS, The City Council desires to increase administrative efficiency by removing these fees from the municipal code and instead setting these fees by resolution in a master fee schedule; and
WHEREAS, the City Council, pursuant to the provisions of the California Environmental Quality Act (“CEQA”) (Cal. Pub. Res, § 21000) and State CEQA guidelines (14 CCR 15000) determines that this ordinance is exempt pursuant to Section 15601(b)(3) of Title 14 of the California Code of Regulations; and WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEVADA CITY HERBY ORDAINS AS FOLLOWS:
Section 1: Recitals. The City Council finds that all the recitals, facts, findings, and conclusions set forth above in the preamble of this Ordinance are true and correct.
Section 2: Section 10.28.610 (“Vehicle Code Violation”) of Chapter 10.28 (“Stopping, Standing, and Parking”) of Title 10 (“Vehicles and Traffic”) of the Nevada City Municipal Code is hereby repealed. Section 10.28.600 (“Title violation”) is hereby amended to read as follows:
10.28.600 – Title Violation
Any violation of this title shall be an infraction and punishable by a fine set forth in a bail schedule to be adopted by resolution of the city council.
Section 3: Section 13.04.180 (“Connection charges”) of Chapter 13.04 (“Water System”) of Title 13 (“Public Services”) of the Nevada City Municipal Code is hereby amended to read as follows:
13.04.180 - Connection charges.
A. Upon the filing of such application, the superintendent of public works shall estimate the cost to the city of making such connection, which cost shall include the cost of installing a service pipe from the main to the property line of the property to be served; and such estimated cost shall be paid by the applicant to the city prior to the commencement of any work. If the actual cost of the service connection shall be found to exceed the estimated cost, the excess shall be paid by the applicant to the city upon demand, and if the actual cost of such connection shall be less than the estimated cost, the difference shall be refunded to the applicant. Any service pipe inside the property line of the applicant's property shall be installed by, and at the sole expense of, the applicant, and such pipe shall be subject to inspection by the water department before being covered.
B. The schedule of rates for connection to the City’s water system shall by set by resolution of the city council.
Section 4: Section 13.08.040 (“Connection charges”) of Chapter 13.08 (“Sewer System”) of Title 13 (“Public Services”) of the Nevada City Municipal Code is hereby amended to read as follows:
13.08.040 - Connection charges.
A. Upon the filing of such application, the superintendent of public works shall estimate the cost to the city of making such connection, which cost shall include the cost of installing a service pipe from the main to the property line of the property to be served; and such estimated cost, together with an additional connection fee as hereinafter provided, shall be paid by the applicant to the city prior to the commencement of any work. If the actual cost of the service connection shall be found to exceed the estimated cost, the excess shall be paid by the applicant to the city upon demand, and if the actual cost of such connection shall be less than the estimated cost, the difference shall be refunded to the applicant.
B. The schedule of rates for connections to the City’s sewer system shall by set by resolution of the city council.
Section 5: Subsection (G)(1) of Section 17.40.020 (“Principal Permitted Uses”) of Chapter 10.25 (“GB General Business Zone”) of Title 17 (“Zoning”) of the Nevada City Municipal Code is hereby amended to read as follows:
1. No new or expanded office of any type may be located on the ground level of any building, unless the approving authority grants a conditional use permit and finds the use complies with Section 17.40.040(J). The cost of a conditional use permit for a ground level office shall be in accordance with a schedule of fees to be adopted by resolution of the city council.
Section 6: Compliance with CEQA. Adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines because it is not a “project” and because it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment.
Section 7: Inconsistencies. Any provision of the Nevada City Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.
Section 8: Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, state, or federal law, regulation, or codes dealing with life safety factors.
Section 9: Effective Date. This Ordinance shall become effective 30 days after its final adoption and a copy of this ordinance shall be published in The Union, a newspaper of general circulation, within fifteen (15) days of the date of its passage.
Section 10: Certification. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted or published in the manner as required by law.
PASSED AND ADOPTED at a regularly scheduled meeting of the Nevada City City Council held on this 11th day of January, 20223 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Doug Fleming, Mayor
ATTEST: APPROVE AS TO FORM:
__________________________ __________________________
Niel Locke, City Clerk Dean J. Pucci, City Attorney
STATE OF CALIFORNIA )
COUNTY OF NEVADA ) ss
CITY OF NEVADA CITY )
I, ______, CITY CLERK of the City of Nevada City, California, do hereby certify that the foregoing urgency ordinance was regularly introduced and adopted by the City Council of the City of Nevada City, California, at a regular meeting thereof held on the ____ day of ___, 2023, by the following vote of the City Council:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Nevada City, this __ day of ___, 2023.
__________________________
_________________, City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: January 25, 2023 Agenda Item No. 06
Subject: Consideration of an Increase in Authorization from $40,000 to $60,00 for the Business Development Fee Waiver Program
From: Sean Grayson, City Manager
Date: January 19, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Approve the increased authorization.
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.
As of January 19, 2023, the City has approved 43 business applicants and issued $39,250 of fee credits) of which $2,214 has been used by businesses to date.
Staff recommends that the City Council increase the maximum authorization for the program from $40,000 to $60,000 to accommodate ongoing demand for the program. The City Planner will be implementing a sign compliance program in February that will allow businesses that placed signs during the pandemic without completing the ministerial and/or Planning Commission approval process to initiate the process now to achieve compliance. Sign applications are eligible for use of the fee waiver program.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The $20,000 increase to $60,000 total authorization does not represent a direct cost to the City, but the maximum cost would occur in unrealized revenues associated with the waiver of the fees.
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: January 25, 2023 Agenda Item No. 07
Subject: Consideration of Resolution No. 2023-04: A
Resolution of the City Council of the City of Nevada City, California, Adopting the City Council’s Investment Policy.
From: Stephen Erlandson, Interim Assistant City Manager Date: January 19, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Adopt the resolution, receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
The City’s Investment Policy requires that the City Council review and adopt the policy on an annual basis; however, the policy may be amended at any time to accomplish the goals and objectives of the City Council. The last review of the City Investment Policy by the City Council was on January 26, 2022.
Since the City Council’s last review the elected City Treasurer position was transitioned to an appointed position with the City Manager and Chief Financial Officer having shared responsibility for investments under the City Council’s direction and Investment Policy.
The City Manager and Interim Assistant City Manager reviewed the City Investment Policy and are recommending the following revisions with the intention of enhancing transparency, mitigating risk, and ensuring portfolio diversification:
• A change in format that is more concise, yet still incorporates the fundamentals in the City’s policy adopted on January 26, 2022.
• Incorporating a new section in the Investment Policy listing prohibited investments. • Adding a section on Prudence as defined in Government Code Section 53600.3. • Modifications to the maximum limits for the following authorized investments:
Authorized Investment Current Maximum Limit Proposed Maximum Limit Federal agencies/GovernmentSponsored EnterprisesMaximum Amount: 100% Maximum Issuer Limit: 50%
Maximum Amount: 50%
Maximum Issuer Limit: 25%
Insured Certificates of Deposit Maximum Amount: 20% Maximum Amount: 20% Maximum Value per
Institution: $250,000 or
lesser of current FDIC limit
Money Market Mutual Funds None Maximum Amount: 20%
Maximum per Investment:
10%
The City’s Investment Policy must comply with restrictions in California Government Code Sections 53601 and 53630 et. seq. The City’s Investment Policy may be more restrictive than the Government Code requires; however, it may not be more permissive. Since the City has investments with the State’s Local Agency Investment Fund (LAIF), the State of California Pooled Money Investment Account Investment Policy (Attachment B) has been included.
The policy requires quarterly reports to be presented to the City Council. Staff anticipates the fourth quarter report for 2022 being presented to the City Council in February.
FINANCIAL AND/OR POLICY IMPLICATIONS:
There is no financial impact from the adoption of the resolution and the included Investment Policy.
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:
Not applicable.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Resolution 2023-04
Investment Policy
Pooled Money Investment Account Investment Policy
RESOLUTION NO. 2023-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY, CALIFORNIA, ADOPTING THE CITY COUNCIL’S INVESTMENT POLICY WHEREAS, the City Council adopted the 2022 Investment Policy on January 26, 2022; and
WHEREAS, the policy requires periodic review and updating to assure it is providing the most prudent investment of the city’s resources; and
WHEREAS, the policy requires annual adoption by the City Council; and WHEREAS, staff has recommended a comprehensive amendment of the policy; and WHEREAS, the referenced policy is attached hereto in Attachment “A” and made a part hereof;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nevada City that the Investment Policy is hereby adopted for 2023.
PASSED AND ADOPTED this 25th day of January 2023 by the following vote:
AYES:
NOES:
ABSENT;
ABSTAIN:
________________________________
Doug Fleming, Mayor
ATTEST:
_______________________________
Niel Locke, City Clerk
EXHIBIT “A”
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CITY OF NEVADA CITY
INVESTMENT POLICY
January 25, 2023
PURPOSE
The purpose of the City's Investment Policy is to provide guidelines and limitations for the responsible management of the City's funds that are available for investment.
GOVERNING AUTHORITY
The investment program shall be operated in conformance with governing legislation and other legal requirements.
SCOPE
This investment policy applies to all financial assets of the City, including all cash and investments accounted for in the following funds:
• General Fund
• Special Revenue Funds
• Capital Projects Funds
• Internal Service Funds
• Enterprise Funds
• Trust and Agency Funds
• Debt Service Funds
• Any new fund created by the City Council
POLICY
It is the policy of the City of Nevada City to invest public funds in a manner which will provide the maximum security of principal consistent with a market rate of return while meeting the cash flow needs of the City and conforming to all applicable State and City statutes governing the investment of public funds. Every effort will be made to match investment maturities to cash flow needs.
OBJECTIVES
The primary objectives, in priority order, of the City of Nevada City's investment activities shall be:
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Safety: Safety of principal is the foremost objective of the City. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio.
Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated.
Return on Investment: The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. The average return on the State Treasurer's Local Agency Investment Fund shall be considered the City's benchmark for conservative investment transactions, and shall constitute the performance standard for the City portfolio's rate of return.
PRUDENCE
The standard of prudence to be used in the investment function shall be the "prudent investor" rule, as defined in Government Code Section 53600.3, which states: "When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency.
Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law."
ETHICS AND CONFLICT OF INTEREST
Employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business in accordance with applicable laws. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio by filing Form 700 – Statement of Economic Interests on an annual basis in accordance with California state law.
Employees shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the City of Nevada City.
DELEGATION OF AUTHORITY
The City Manager is designated as the investment officer of the City and is responsible for investment management decisions and activities. All investment transactions shall be
INVESTMENT POLICY COUNCIL POLICY
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authorized by the City Manager or the Chief Financial Officer under the direction of the City Manager. This annual delegation of authority is subject to renewal by the City Council pursuant to Government Code Section 53607.
AUTHORIZED INVESTMENTS AND LIMITATIONS
Investment or deposit of City funds shall be governed by Government Code Sections 53600 and 53630 et. seq., and shall be further limited to the following authorized investments and instruments:
A. United States Treasury Bills, Notes, and Bonds
Maximum Amount: No limit
Maximum Maturity: Five years from date of purchase
B. Direct Obligation Federal Agency Securities or United States GovernmentSponsored Enterprise Obligations (allowable under Government Code Section 53601(f))
Securities of the following Federal agencies/Government-Sponsored Enterprises (GSE’s) are permitted investments: Federal Home Loan Bank, Federal Farm Credit Bank, Federal National Mortgage Association and Federal Home Loan Mortgage Corporation.
Maximum Amount: 50%
Maximum Maturity: Five years from date of purchase
Maximum Issuer Limit: 25%
C. State of California Local Agency Investment Fund
The Local Agency Investment Fund (LAIF) is a voluntary investment alternative for California’s local governments and special districts authorized by the California Government Code. The LAIF is managed by the State Treasurer’s Office with oversight by the Local Agency Investment Board.
All securities in LAIF are purchased under the authority of Government Code Sections 16430 and 16480.8. The State Treasurer’s Office purchases all securities on a delivery versus payment basis using a third-party custodian. All investments are purchased at market, and market valuation is conducted monthly.
The LAIF is part of the State Treasurer’s Pooled Money Investment Account (PMIA). The PMIA Investment Policy (appendix 1) is guided by the goals of: (1)
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Portfolio safety/diversification; (2) Liquidity; and (3) Yield. The PMIA Investment Policy is attached.
Maximum Amount: No limit
Maximum Maturity: Not Applicable
D. Collateralized or Insured Money Market Accounts and Demand Deposits with City's Primary Banks
Maximum Amount: No limit
Maximum Maturity: Not Applicable
E. Insured Certificates of Deposit
The City may invest funds in FDIC insured certificates of deposit issued directly by banks or savings and loans chartered by the federal or California government. The City may also place funds directly with a commercial bank, savings bank, savings and loan association, or credit union that uses a private sector entity to assist in the placement of certificates of deposit as authorized by California Government Code Section 53601.8.
Maximum Amount: 20%
Maximum Maturity Value per Institution for investments maturing is $250,000 or the lesser of the current FDIC insured limit.
Maximum Maturity: Five years from date of purchase.
F. Money Market Mutual Funds
Investment in money market mutual funds shall be limited to investments in U.S.
Treasury Securities only.
Maximum Amount: 20%
Maximum per Investment: 10%
Limitation on investments as identified under this section will apply to the City’s investment portfolio at all times. If for any reason, an investment exceeds a stated limitation, the City has 90 days in which to bring the investment portfolio back into compliance.
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PORTFOLIO DIVERSIFICATION
It is the policy of the City to diversify its investment portfolio. Invested funds shall be diversified to minimize the risk of loss resulting from over concentration of assets in a specific maturity, specific issuer, specific financial institution, or specific class of securities.
MITIGATION OF MARKET RISK
In order to minimize market risk and eliminate reliance on interest rate forecasting, it is the policy of the City to structure its investment portfolio as a maturity ladder.
The City shall use LAIF and other short-term investments, with a maturity of one year or less, to maintain sufficient liquidity to meet the City’s short-term operating, capital and contingency requirements. As a general guideline, the balance of the portfolio should be invested in, and evenly distributed between, instruments with maturities of one to five years, unless in the opinion of City Staff and/or professional investment advisors, economic circumstances and/or the interest rate environment warrant an alternative investment approach. Specific instruments may be purchased to meet identified and scheduled capital expenditures.
PROHIBITED INVESTMENTS
The following investments are prohibited by City investment staff; provided, however, that this provision shall not be construed as a prohibition on investment in the LAIF investment pool:
1. Any form of leveraging or purchase of derivative instruments
2. Any investment issued by the Government National Mortgage Association
3. Any mortgage pass-through security, collateralized mortgage obligation mortgagebacked or other pay-through bond
4. Any inverse floaters
5. Any range notes
6. Any interest-only strips
AUTHORIZED SECURITIES BROKER/DEALERS
The City shall maintain a listing of financial institutions, which have been approved by the City Council for investment purposes. All approved securities broker/dealers shall be primary dealers designated by the Federal Reserve Bank of New York.
Before engaging in investment transactions with an approved broker/dealer, the City shall have received from said firm a signed certificate form. The document will certify that the firm has reviewed the City's Investment Policy and agrees to disclose potential conflicts or risks to public funds that might arise out of business transactions between the firm and
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the City. All financial institutions shall agree to undertake reasonable efforts to preclude imprudent transactions involving the City's funds.
USE OF PROFESSIONAL INVESTMENT MANAGERS
The City Council may employ the services of professional investment managers to assist in the management of the City's investment portfolio. Such managers may be granted the discretion to purchase and sell investment securities in accordance with this Investment Policy. Such managers shall have: (1) an established professional reputation for asset or investment management; (2) knowledge and working familiarity with State and Federal laws governing and restricting the investment of public funds; (3) substantial experience providing investment management services to local public agencies whose investment policies and portfolio size are similar to those of the City; and (4) professional liability (errors and omissions) insurance and fidelity bonding in such amounts as are required by the City. Such managers shall be registered under the Investment Advisers Act of 1940. Such managers shall only be retained by written agreement with the City, and approved by the City Council. Professional service proposals shall be solicited from at least three (3) qualified persons or firms in accordance with the City's purchasing policies and procedures.
USE OF INDEPENDENT INVESTMENT ADVISORS
The City Council may retain the services of an independent investment advisor to review the investment program from time to time. The adviser will review compliance with policies and procedures, independently calculate the market value of the City's holdings, report on overall portfolio risk exposure and investment results, and make recommendations, if needed, regarding investment strategy or any aspect of the investment program.
COMPETITIVE BIDS
A minimum of two offers or quotations will be obtained prior to the completion of investment transactions with authorized financial institutions. This does not apply to authorized investment pools.
SAFEKEEPING AND CUSTODY
All investment securities purchased by the City, or by a professional investment manager for the City, shall be held in third-party safekeeping by a custodial financial institution authorized by the City. Securities held will be evidenced by safekeeping receipts. All security transactions shall be conducted on a delivery-versus-payment (DVP) basis.
INTERNAL CONTROLS
The City shall establish a system of written internal control policies and procedures, which shall be reviewed annually by the independent auditor. The controls shall be designed to
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prevent loss of public funds due to fraud, error, misrepresentation, unanticipated market changes or imprudent actions.
REPORTING
The City Manager shall submit quarterly investment reports to the City Council. The report shall be provided to the City Council within thirty (30) days, or the next available City Council meeting, following the end of the month covered by the report. The report shall contain a summary of investment transactions including: investment types, percent of portfolio, yield, purchase date, maturity date, issuer or institution, par and dollar amount invested, market value, source of market valuation, the portfolio's average weighted yield and maturity, and a description of any local agency funds or investments under the management of contracted parties.
The report shall include a statement of compliance of the portfolio to this Investment Policy, or the manner in which the portfolio is not in compliance.
The report shall include a statement denoting the ability of the City to meet its expenditure requirements for the next six months or provide an explanation as to why sufficient money shall, or may, not be available.
The report shall include a copy of the corresponding monthly report or statement from the City's third-party safekeeping custodial bank.
If the City has any money invested in the LAIF investment pool, the report shall include a copy of the most recent report or statement from the investment pool(s).
INVESTMENT POLICY REVIEW
The City's Investment Policy shall be reviewed and adopted by the City Council on an annual basis.
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APPENDIX 1
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California State Treasurer’s Office
Investment Policy
Pooled Money Investment Account
January 1, 2023
Available Online:
https://www.treasurer.ca.gov/pmia-laif/pmia/index.asp
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Table of Contents
Introduction and Overview ............................................................................................................. 3 Investment Division Mission Statement ......................................................................................... 3 Investment Division Vision Statement ............................................................................................ 3 Portfolio Management Goals, Objectives, and Policies .................................................................. 4 Goal 1. Portfolio Safety/Diversification ...................................................................................... 4 Goal 2. Liquidity ........................................................................................................................... 4 Goal 3. Rate of Return ................................................................................................................. 5 Conformance ............................................................................................................................... 5 Portfolio Management Guidelines .................................................................................................. 6 Guidelines for Maintaining Safety/Diversification ...................................................................... 6 Guidelines for Maintaining Liquidity ........................................................................................... 6 Guidelines for Maintaining Rate of Return ................................................................................. 6 Authorized Investments .................................................................................................................. 8 Credit Considerations .................................................................................................................. 9 Reporting....................................................................................................................................... 11 Authorized Broker-Dealer ............................................................................................................. 11 Glossary ......................................................................................................................................... 12
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Introduction and Overview
Through the Pooled Money Investment Account (PMIA), the State Treasurer invests taxpayers’ money to manage the State’s cash flow and strengthen the financial security of local governmental entities. PMIA policy sets as primary investment objectives safety, liquidity and yield.
The State Treasurer’s Investment Division manages the PMIA under statutory authority granted by Government Code sections 16430 and 16480.4. The Pooled Money Investment Board (PMIB) governs the PMIA. The State Treasurer chairs the PMIB, which also includes the State Controller and the Director of Finance.
The PMIA has three primary sources of funds: the State General Fund; special funds held by State agencies; and moneys deposited by cities, counties, and other local agencies into the Local Agency Investment Fund (LAIF).
Investment Division Mission Statement
The Investment Division prudently invests the State’s and local governments’ idle cash through the Pooled Money Investment Account (PMIA), consistent with the objectives of safety, liquidity, and yield, while also providing low-cost investment opportunities for local governments and supporting increased lending in communities.
Investment Division Vision Statement
To provide the highest and most consistent level of service, leadership and accountability through innovation, collaboration, and teamwork, while maintaining investor confidence and trust.
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Portfolio Management Goals, Objectives, and Policies
All state money held by the State Treasurer in treasury trust accounts and all money in the State Treasury is appropriated for the purpose of investment and deposit as provided in Government Code section 16480 et. seq.
Goal 1. Portfolio Safety/Diversification
The PMIA will be managed to ensure the safety of the portfolio by investing in high quality securities and maintaining a mix of securities that provide reasonable assurance that no single investment, or class of investments, will have a disproportionate impact on the total portfolio.
OBJECTIVE: In addition to the safety provided by investing in high quality securities, the safety of the portfolio is enhanced by maintaining a diverse, prudent mix of investments, and includes:
1) Spreading investments over different investment types to minimize the impact any one industry/investment class can have on the portfolio
2) Spreading investments over multiple credits/issuers within an investment type to minimize the credit exposure of the portfolio to any single firm/institution 3) Spreading investments over various maturities to minimize the risk of portfolio depreciation due to a rise in interest rates.
POLICY: The portfolio shall contain a sufficient number and diversity of marketable securities so that a reasonable portion of the portfolio can be readily converted to cash without causing a material change in the value of the portfolio. Limitation and eligibility as to specific investments are to be determined by the PMIB in the case of Commercial Paper, the State Treasurer’s Investment Committee in the case of new broker-dealer authorizations, and the State Treasurer’s Investment Division in all other matters.
Goal 2. Liquidity
The PMIA will be managed to ensure that normal cash needs as well as scheduled extraordinary cash needs can be met. Further, adequate liquidity shall be maintained to ensure unforeseen cash needs are also met, whether ordinary or extraordinary.
OBJECTIVE: The PMIA will maintain a “cash flow generated” portfolio balance sufficient to cover specifically the one-month cash forecast, as well as generally the six-month cash forecast.
Further, sufficient marketable treasuries will be maintained to cover unforeseen withdrawals or delayed deposits.
POLICY: The first priority is to maintain specific calendar liquidity, as dictated by the most recent cash forecast. The second priority is to maintain adequate Treasury Bill positions to meet unscheduled needs. Final consideration would be given to other investments deemed appropriate to portfolio maintenance, enhancement, or restructuring. - 5 -
Goal 3. Rate of Return
The PMIA investments and deposits shall be made in such a way as to realize the maximum return consistent with safe and prudent treasury management.
OBJECTIVE: The rate of return will be maintained on a consistent level representative of current market yield direction.
POLICY: Sales gains/losses will not be incurred to the point of radically altering the final quarterly apportionment rate. Significant sales gains will be offset for restructuring purposes to maintain consistent current return, as well as maximizing future portfolio performance.
Significant sales losses shall be incurred only by the consent of the State Treasurer, or when sufficient profits negate the alteration of the apportionment rate. Range bonds and inverse yielding securities are examples of the types of investments that are precluded by the abovestated objective.
Conformance
All of the foregoing goals, objectives, and policies shall be observed by the Director of Investments or the Director of Investments’ designee and monitored and reviewed continually by the State Treasurer or the State Treasurer’s designee.
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Portfolio Management Guidelines
The State Treasurer's Investment Division has set forth a general declaration of portfolio goals, objectives, and policies. The following are various guidelines necessary to the good faith observance of these policies.
Guidelines for Maintaining Safety/Diversification
There are few statutory limitations placed on individual categories of authorized investments.
However, this does not entitle the investment staff to “carte blanche” participation in these security types. In the absence of direct statutory limitations, the “prudent person rule” shall govern all investment decisions. As market conditions change (e.g. altering credit risk, marketability, yield spreads, securities availability, etc.), it shall be discussed as soon as time permits with the Director of Investments. At the Director of Investments determination, the situation may be discussed with the State Treasurer or the State Treasurer’s designee.
Guidelines for Maintaining Liquidity
The priority will be cash flow needs as reported on both the monthly and six-month cash forecasts. These forecasts will be updated daily using the current investment input, as well as adjustment information provided by the Centralized Treasury and Securities Management Division.
Sufficient Treasury securities will be maintained for unscheduled cash needs. It has been determined that U.S. Treasury Securities will be used for this purpose.
Due to the make-up of the portfolio participants, an average maturity of 120 days to 18 months will be maintained.
Guidelines for Maintaining Rate of Return
It is important to focus on providing a consistent rate of return. It is often the case that investments made with long-term deposits create the base rate to the portfolio. Since sales gains/losses impact the portfolio on a quarterly basis, large gains/losses should be avoided.
Failure to offset gains or losses proportionately could result in an uneven or erratic earnings apportionment rate history. Extreme positions or styles of trading are prohibited.
Current investment strategies and economic releases are regularly discussed amongst the investment staff. Decisions of value and direction are made to accommodate the occurrence of all those events that might be considered reasonable and probable.
Although securities trading is allowed for purposes of enhancing portfolio return, specific limitations have been established to protect the portfolio rate of return:
1) Prior to taking a position, apparent value and size shall be discussed between the Director of Investments, or the Director of Investments' designee, and the trader involved. - 7 -
2) During a “when issued” (W.I.) period, long positions shall never exceed the amount intended to be purchased.
3) Short positions shall not be taken at any time.
4) Trading positions shall be reported daily to the Director of Investments.
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Authorized Investments
The following are various considerations/limitations as they pertain to specific investment types:
Investment Type Maximum
Maturity
Maximum %
of Portfolio
Maximum
Per
Name
Maximum
Per
Maturity
Agencies (Federal and Supranational) 5 years None None None Bankers Acceptances (Domestic and Foreign) 180 days None None None Certificates of Deposits 5 years None None None
Collateralized Time Deposits 1 year None (1) None
Commercial Paper 270 days 30% 10% None
Corporate Bonds/Notes 5 years None None None
Foreign Government Bonds/Notes 5 years 1% None None
Money Market Mutual Funds Open ended 10% 10% None
Negotiable Order of Withdrawal (NOW) Accounts Open ended 5% (3) None Repurchases (RP) and Reverse Repurchases (RRP) 1 year (2) None None U.S. Treasury Securities 5 years None None None
(1) Shall not exceed the net worth of the institution or an amount considered prudent; whichever is less.
(2) RRP is limited to 10% of the current portfolio.
(3) Shall not exceed the net worth of the institution.
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Credit Considerations
Agencies (Federal and Supranational) – Despite there being no statutory limitations concerning this category, prudent investment practice necessitates a constant credit analysis of certain issuing entities. Although there exists an implicit or explicit government guarantee of the various issues, market perception may limit the liquidity of these securities.
Banker’s Acceptances (Domestic and Foreign) - A banker's acceptance is a money market instrument, and, like most money markets, it is safe and liquid, particularly when the paying bank has a high credit rating.
Certificates of Deposits – Institutions must be rated average or better by a nationally recognized statistical rating organization utilized by the State Treasurer’s Investment Division and must pass a credit evaluation by the investment staff. This evaluation may include a review of such criteria as geographic location, market perception, management factors, and overall fiscal soundness. The approved investments will be regularly posted to the STO website.
Collateralized Time Deposits – Institutions must be headquartered in the State of California and rated average or better by a nationally recognized statistical rating organization utilized by the State Treasurer’s Investment Division and must pass a credit evaluation by the investment staff. This evaluation may include a review of such criteria as geographic location, market perception, loan diversity, management factors, overall fiscal soundness, and the Community Reinvestment Act Rating. If, while holding a deposit, an institution is downgraded below acceptable levels by the State Treasurer or the State Treasurer’s designee, the following steps shall be taken: Notify the Centralized Treasury and Securities Management Division, Collateral Management Section, to monitor collateral closely; review financials and update credit report; determine the appropriate plan of action, which may include early termination of the time deposit; or allow the time deposit to mature. Collateral must comply with Government Code section 16500 et seq. (bank deposits) and Section 16600 et. seq. (savings and loans association and credit union deposits).
Commercial Paper – Commercial paper must be rated “Prime” quality as defined by a nationally recognized statistical rating organization utilized by the State Treasurer’s Investment Division and must be issued by a federally or state-chartered bank or a state-licensed branch of a foreign bank, corporation, trust, special purpose corporation, or limited liability company approved by the PMIB. Furthermore, these entities must be either (1) organized and operating within the United States and have total assets in excess of five hundred million dollars ($500,000,000) or (2) must be organized within the United States and have program wide credit enhancements, including, but not limited to, overcollateralization, letters of credit, or surety bonds. The approved investments will be regularly posted to the STO website.
Corporate Bonds/Notes – Securities must be issued by corporations (including banks) organized and operating within the United States and shall be within the top three ratings of a nationally recognized statistical rating organization utilized by the State Treasurer’s Investment Division. The approved investments will be regularly posted to the STO website. - 10 -
Foreign Government Bonds/Notes – Must be direct obligations of the government of a foreign country that the International Monetary Fund lists as an advanced economy and for which the full faith and credit of that country has been pledged for the payment of principal and interest.
In addition, the securities must be rated investment grade or its equivalent, or better, by a nationally recognized statistical rating organization.
Money Market Mutual Funds – The money market mutual funds must invest in U.S. Treasury Securities, Agencies, Repurchases, or Reverse Repurchases as described by this Policy. The financial institutions issuing the shares must have at least five years of investment experience in these funds and have at least $10 billion in assets under management. In addition, money market mutual funds must have attained the highest ranking, or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations utilized by the State Treasurer’s Investment Division.
Negotiable Order of Withdrawal (NOW) Accounts – The NOW will act as an intra-day cushion to accommodate unexpected cash flow irregularities. In lieu of late sales to cover unexpected increases in disbursements, or in lieu of late investment limitations to cover unexpected increases in revenues, the NOW will provide pre-market and postmarket liquidity and investment flexibility. Institutions must be rated average or better by a nationally recognized statistical rating organization utilized by the State Treasurer’s Investment Division and must pass a credit evaluation by the investment staff. All other conditions, regulations, or requirements associated with demand and time deposits will also apply.
Repurchases (RP) and Reverse Repurchases (RRP) – Repurchases and reverse repurchases are only done with an established and well-capitalized broker-dealer. A signed Security Loan Agreement and/or General Repurchase Agreement must be on file. A Repurchase Agreement may be either the STO General Agreement or Bond Market Association Standard Agreement.
U.S. Treasury Securities – U.S. Treasury Securities are backed by the full faith and credit of the Federal Government. Treasury Bills are maintained for liquidity, trading, and yield enhancement as the underlying security in a Reverse Repurchase transaction. Treasury strips and full coupon securities are purchased for average maturity preservation, liquidity, and trading.
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Reporting
In accordance with Government Code section 16480.7, the State Treasurer is required to prepare and submit a monthly report of investment activity.
In accordance with Government Code section 16481.2(b), the State Treasurer is required to prepare and submit a quarterly report of investment holdings and market valuation to the PMIB.
Authorized Broker-Dealer
The State Treasurer shall transact business with a broker-dealer that meet the qualification criteria established by the State Treasurer. Investment staff will annually review each brokerdealer to ensure they are qualified. Investment staff is permitted to deal directly with the issuers of any securities that are authorized for purchase and meet all the qualifications of this policy.
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Glossary
Agencies – Securities issued or guaranteed by U.S. federal government agencies and by government-sponsored enterprises (GSEs)—corporations created by Congress to foster a public purpose, such as affordable housing. Bonds issued or guaranteed by federal agencies are backed by the full faith and credit of the U.S. government.
Banker’s Acceptance –Short-term credit investments created by a non-financial firm and guaranteed by a bank to make payment. Acceptances are traded at discounts from face value in the secondary market. Banker’s acceptances are considered very safe instruments and are used extensively in foreign trade.
Bank Notes – Senior, unsecured promissory notes issued in the United States on either an underwritten or continuously-offered basis by domestic commercial banks. Bank Notes are very similar to CDs, represent senior debt of the bank that are on equal footing with all other senior obligations of the bank, except deposit liabilities or obligations that are secured or subject to any priorities or preferences.
Certificates Of Deposit (CD) – Issued by commercial banks and thrift institutions against funds deposited for specified periods of seven days or longer and earn specific rates of interest. Major banks and thrifts also issue variable rate CDs with maturities of up to five years. Variable rates are adjusted every 30, 90, or 180 days, and usually include a fixed spread to the benchmark rate for major bank CDs, as compiled and published by the Federal Reserve Bank of New York.
Yankee CDs, also authorized by statute, are U.S. dollar-denominated CDs issued by foreign banks domiciled in the United States. Australian, Canadian, French, German, Japanese, Nordic, Swiss, and UK banks are active issuers of Yankee CDs.
Commercial Paper – Short-term discounted obligations with maturities ranging from one to 270 days issued by banks, corporations and limited liability companies. Commercial Paper can be issued directly or through a broker. Commercial paper is the only authorized investment with restrictions pertaining to the amount eligible for investments.
Corporate Bonds – Debt securities issued by a company instead of a government. Corporate bonds are a major way companies raise funds for their operations or for a specific project. The risk of a corporate bond for a bondholder depends on the creditworthiness of the issuing company.
Foreign Government Bonds/Notes – A bond issued in a domestic market by a foreign government in the domestic market's currency as a means of raising capital and to pay for services or other obligations.
Money Market Mutual Funds – A mutual fund that invests in highly liquid, near-term instruments and are considered low-risk investments that can be suitable for short-term investment goals.
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Negotiable Order of Withdrawal (NOW Account) – A deposit account that pays interest on which checks may be written and are offered by commercial banks, mutual savings banks, and savings and loan associations.
Real estate mortgage investment conduits (REMICs) – A special purpose vehicle used to pool mortgage loans and issue mortgage-backed securities (MBS). Real estate mortgage investment conduits hold commercial and residential mortgages in trust and issue interests in these mortgages to investors. REMICs piece together mortgages into pools based on risk and issue bonds or other securities to investors.
Repurchase Agreements (Repo) – Consists of two simultaneous transactions. One is the purchase of securities by an investor from a bank or dealer. The other is the commitment by the bank or dealer to repurchase the securities at the same price at some mutually agreed upon future date. Most transactions are for maturities from one to three days.
Reverse Repurchases (Reverse Repo) –Matched sales-purchase agreements that are the opposite of a Repurchase Agreement. In this instance, the investor is the owner of the collateral, and the bank or dealer is the lender of money.
Supranationals – US dollar denominated debt obligations issued by entities formed by two or more central governments to promote economic opportunity for the member countries.
Time Deposits – Interest-bearing deposits with specific maturities negotiated with California banks, savings and loans and credit unions. These deposits are secured by collateral pledged by the financial institution and in compliance with the Government Code. Required collateralization levels are monitored on a regular basis. In addition, financial institutions are evaluated for credit criteria.
U.S. Treasury Bills – A short-term (maturities up to a year), discounted government security (secured by the full-faith and credit of the U.S. government) sold through competitive bidding at weekly and monthly auctions. One-, three-, and six-month bills are auctioned weekly, and one-year bills monthly. Treasury bills are the most widely used of all government debt securities and are the primary instrument of Federal Reserve monetary policy.
U.S. Treasury Notes – Debt obligations of the U.S. government, issued at various schedules (monthly in most cases) and are intermediate securities with maturities from one to 10 years.
U.S. Treasury Strips – Originally issued by the U.S. Treasury in complete form as principal and interest obligations. Strips, or Zero Coupons as they are often referred, are the result of separating the interest obligation from the principal and trading the body of the bond and the individual coupon obligations as separate securities.