Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY February 22, 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)
PRESENTATIONS
Presentation: Pasty Toss Challenge from the City of Grass Valley Presentation: Parking Study Survey Briefing from TJKM
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 25, 2023, Regular Meeting
Recommended Action: Review and approve the minutes
2. Accounts Payable – January 2023
Recommended Action: Receive and file the report
3. Police Activity Report January 2023
Recommended Action: Receive and file the report
4. Building Activity Report January 2023
Recommended Action: Receive and file the report
5. Fire Activity Report January 2023
Recommended Action: Receive and file the report
6. Business Development Fee Waiver Program Activity Report February 2023 Recommended Action: Receive and file the report
7. 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
8. Consideration of a City Investment Report for the 4th Quarter 2022 Recommended Action: Receive and file the report
9. Consideration of the 2022 Model Water Efficiency Landscape Ordinance Report (MWELO) Submitted to the Department of Water Resources
Recommended Action: Receive and file the report
10. Consideration of Award of a Professional Services Contract with Sauers Engineering for Water and Sewer Hydraulic Modeling in an Amount Not-to-Exceed $60,500; Authorize a Contingency of 10%, Not-to-Exceed $6,000 and Authorize the City Manager to Sign the Contract.
Recommended Action: Award of Professional Services Contract, authorize the contingency, and authorize the City Manager to sign the contract
11. Consideration of Award of Contract with Hansen Bros. Enterprises in an Amount Not-To-Exceed $208,405 for Paving Storm Repairs 2023; Authorize a Project Contingency of 10%, Not-To-Exceed $20,000; and Authorize the City Manager to Execute any Contracts or Related Documents
Recommended Action: Award the contract, authorize the contingency, and authorize the City Manager to execute related documents
12. Consideration of Resolution No. 2023-010: A Resolution of the City Council of the City of Nevada City, California, Opposing Initiative 21-0042A1 Restricting Voter’s Input and Local Taxing Authority
Recommended Action: Adopt the resolution
13. Consideration of Resolution No. 2023-08: Resolution of the City Council of the City of Nevada City, California Authorizing State of California Cannabis Equity Act Grant Funding
Recommended Action: Adopt the resolution
14. Record Resolution No. 2023-06: A Resolution of the City Council of the City of Nevada City, California, Honoring the Victims of the Tragedies in Monterey Park, California and Half Moon Bay, California; and Decrying the Acts of Violence Recommended Action: Receive and file
15. Consideration of the Special Event Street Closure Request for the 2023 Farmer’s Market
Recommended Action: Receive a presentation then review, approve, and authorize the special event street closure requests per the submitted application CONSENT ITEMS FORWARD (if needed): Items pulled from the Consent Agenda will be discussed individually with action taken by separate motion.
PUBLIC HEARINGS:
Notice to the Public:
The City Council, when considering the matter scheduled for hearing, will take the following actions:
a) Open the Public Hearing
b) Presentation by Staff
c) Presentation by Applicant or Appellant (if applicable) d) Accept Public Testimony
e) Applicant or Appellant Rebuttal Period (if applicable) f) Close the Public Hearing
g) Council Comments and questions
h) Council Action
Once the hearing is closed, no further public comment will be taken. If you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you, or someone else, raised orally at the public hearing or in written correspondence received by the city at or before the public hearing.
Public hearings listed for continuance will be continued as noted and posting of this agenda serves as notice of continuance. Any matter not noted for continuance will be posed separately.
16. Conduct a Public Hearing on the City’s Fiscal Year 2022-2023 Proposed Mid-Year Budget by: Consideration of Resolution No. 2023-07: A Resolution of the City Council of the City of Nevada City, California, Modifying the Fiscal Year 2022-2023 Budget Revenue Estimates and Appropriations
Recommended Action: Conduct the public hearing and adopt the resolution
17. Conduct a Public Hearing in Consideration of Ordinance No. 2023-02: An Ordinance of the City Council of the City of Nevada City, State of California, Amending Chapter
5.04 (“Business Licenses”) of Title 5 (“Business Taxes, Licenses, and Regulations”) of the City of Nevada City Municipal Code Relating to Adding a New Business License Type
Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for March 8, 2023
BUSINESS
18. Consideration of the Special Event Street Closure Request for the Nevada City Chamber of Commerce Events Through 2023
Recommended Action: Receive a presentation then review, approve, and authorize the special event street closure requests per the submitted application
19. Consideration of a Letter of Support for the Proposed Amended Policy 5145.3:
Nondiscrimination / Harassment of the Nevada Joint Union High School District Board of Trustees
Recommended Action: Approve the letter and authorize the Mayor to sign
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 February 22, 2023, Regular Meeting of the Nevada City City Council was posted February 17, 2023, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed February 17, 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 February 22, 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)
PRESENTATIONS
Presentation: Pasty Toss Challenge from the City of Grass Valley Presentation: Parking Study Survey Briefing from TJKM
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 25, 2023, Regular Meeting
Recommended Action: Review and approve the minutes
2. Accounts Payable – January 2023
Recommended Action: Receive and file the report
3. Police Activity Report January 2023
Recommended Action: Receive and file the report
4. Building Activity Report January 2023
Recommended Action: Receive and file the report
5. Fire Activity Report January 2023
Recommended Action: Receive and file the report
6. Business Development Fee Waiver Program Activity Report February 2023 Recommended Action: Receive and file the report
7. 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
8. Consideration of a City Investment Report for the 4th Quarter 2022 Recommended Action: Receive and file the report
9. Consideration of the 2022 Model Water Efficiency Landscape Ordinance Report (MWELO) Submitted to the Department of Water Resources
Recommended Action: Receive and file the report
10. Consideration of Award of a Professional Services Contract with Sauers Engineering for Water and Sewer Hydraulic Modeling in an Amount Not-to-Exceed $60,500; Authorize a Contingency of 10%, Not-to-Exceed $6,000 and Authorize the City Manager to Sign the Contract.
Recommended Action: Award of Professional Services Contract, authorize the contingency, and authorize the City Manager to sign the contract
11. Consideration of Award of Contract with Hansen Bros. Enterprises in an Amount Not-To-Exceed $208,405 for Paving Storm Repairs 2023; Authorize a Project Contingency of 10%, Not-To-Exceed $20,000; and Authorize the City Manager to Execute any Contracts or Related Documents
Recommended Action: Award the contract, authorize the contingency, and authorize the City Manager to execute related documents
12. Consideration of Resolution No. 2023-010: A Resolution of the City Council of the City of Nevada City, California, Opposing Initiative 21-0042A1 Restricting Voter’s Input and Local Taxing Authority
Recommended Action: Adopt the resolution
13. Consideration of Resolution No. 2023-08: Resolution of the City Council of the City of Nevada City, California Authorizing State of California Cannabis Equity Act Grant Funding
Recommended Action: Adopt the resolution
14. Record Resolution No. 2023-06: A Resolution of the City Council of the City of Nevada City, California, Honoring the Victims of the Tragedies in Monterey Park, California and Half Moon Bay, California; and Decrying the Acts of Violence Recommended Action: Receive and file
15. Consideration of the Special Event Street Closure Request for the 2023 Farmer’s Market
Recommended Action: Receive a presentation then review, approve, and authorize the special event street closure requests per the submitted application CONSENT ITEMS FORWARD (if needed): Items pulled from the Consent Agenda will be discussed individually with action taken by separate motion.
PUBLIC HEARINGS:
Notice to the Public:
The City Council, when considering the matter scheduled for hearing, will take the following actions:
a) Open the Public Hearing
b) Presentation by Staff
c) Presentation by Applicant or Appellant (if applicable) d) Accept Public Testimony
e) Applicant or Appellant Rebuttal Period (if applicable) f) Close the Public Hearing
g) Council Comments and questions
h) Council Action
Once the hearing is closed, no further public comment will be taken. If you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you, or someone else, raised orally at the public hearing or in written correspondence received by the city at or before the public hearing.
Public hearings listed for continuance will be continued as noted and posting of this agenda serves as notice of continuance. Any matter not noted for continuance will be posed separately.
16. Conduct a Public Hearing on the City’s Fiscal Year 2022-2023 Proposed Mid-Year Budget by: Consideration of Resolution No. 2023-07: A Resolution of the City Council of the City of Nevada City, California, Modifying the Fiscal Year 2022-2023 Budget Revenue Estimates and Appropriations
Recommended Action: Conduct the public hearing and adopt the resolution
17. Conduct a Public Hearing in Consideration of Ordinance No. 2023-02: An Ordinance of the City Council of the City of Nevada City, State of California, Amending Chapter
5.04 (“Business Licenses”) of Title 5 (“Business Taxes, Licenses, and Regulations”) of the City of Nevada City Municipal Code Relating to Adding a New Business License Type
Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for March 8, 2023
BUSINESS
18. Consideration of the Special Event Street Closure Request for the Nevada City Chamber of Commerce Events Through 2023
Recommended Action: Receive a presentation then review, approve, and authorize the special event street closure requests per the submitted application
19. Consideration of a Letter of Support for the Proposed Amended Policy 5145.3:
Nondiscrimination / Harassment of the Nevada Joint Union High School District Board of Trustees
Recommended Action: Approve the letter and authorize the Mayor to sign
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 February 22, 2023, Regular Meeting of the Nevada City City Council was posted February 17, 2023, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed February 17, 2023, at Nevada City, California
____________________________________________________________ Gabrielle Christakes, Deputy City Clerk
1 CITY OF NEVADA CITY
ACTION MINUTES
REGULAR CITY COUNCIL MEETING OF JAN 25, 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: Vice Mayor Fernàndez, Council Members Petersen, Kline and Ceci ADDITIONS OR MODIFICATIONS TO THE AGENDA:
Add Business Item #8 Resolution 2023-06 Honoring the Victims of the Tragedies in Monterey Park, California a Half Moon Bay. CA and Decrying the Acts pf Violence Action: Motion by Ceci, seconded by Kline to add Business Item #8 to the agenda. (Approved 4-0) Fernàndez, Petersen Kline and Ceci
ADOPTION OF THE AGENDA:
Addition to the Agenda:
Add Business Item #8 Resolution 2023-06 Honoring the Victims of the Tragedies in Monterey Park, California a Half Moon Bay. CA and Decrying the Acts pf Violence Action: Motion by Ceci, seconded by Kline to add Business Item #8 to the agenda. (Approved 4-0) Fernàndez, Petersen Kline and Ceci
Action: Motion by Petersen, seconded by Kline to adopt the agenda as presented. (Approved 4-0) 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 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 2 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 Action: Motion by Ceci, Seconded by Petersen to approve items 1-5 (Approved 4-0) Fernàndez, Petersen, Kline and Ceci
BUSINESS
6. Consideration of an Increase in Authorization from $40,000 to $60,000 for the Business Development Fee Waiver Program
Recommended Action: Approve the increased authorization Action: Motion by Kline, Seconded by Petersen to approve the authorization with requested change to $100,000
(Approved 4-0) Fernàndez, Petersen, Kline and Ceci
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
Action: Motion by Ceci, Seconded by Petersen to Adopt Resolution 2023-04 Adopting the City Council’s Investment Policy
(Approved 4-0) Fernàndez, Petersen, Kline and Ceci
8. Consideration of Resolution No. 2023-06: A Resolution of the City Council of the City of Nevada City, California, Honoring the Victims of the Tragedies in Monterey Park, California and Half Moon Bay, California; and decrying the Acts of Violence Recommended Action: Adopt the resolution
Action: Motion by Kline, Seconded by Ceci to Adopt Resolution 2023-06 Honoring the Victims of the Tragedies in M0onterey Park, California and Half Moon Bay, California; and decrying the Acts of Violence
(Approved 4-0) Fernàndez, Petersen, Kline and Ceci
3 CITY MANAGER AND COUNCILMEMBER REPORTS: Verbal report provided ADJOURNMENT: 7:17 PM
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Doug Fleming, Vice-Mayor
ATTEST:
____________________________
Niel Locke, City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: February 22, 2023 Agenda Item No. 02
Subject: Accounts Payable Activity Report January 2023
From: Sean Grayson, City Manager
Date: February 17, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
The attached Accounts Payable Report for January 2023 reviews the accounts payable and check register for the month.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None.
STRATEGIC PLAN ALIGNMENT:
This action, reporting on the program, is consistent with the embedded strategic initiative of Engagement:
Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
None.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Accounts Payable Report January 2023
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: February 22, 2023 Agenda Item No. 03
Subject: Monthly Statistical Crime Data January 2023
From: Dan Foss, Chief of Police
Date: February 15, 2023
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
Attached is the monthly statistical crime report for January 2023 for the Nevada City Police department.
This month, we saw an overall increase in enforcement activity, especially considering traffic enforcement (up 500%) and felony and misdemeanor arrests (up 400% and 700%, respectively). This last month, the police department also partnered with Public Works for some preventative crime enforcement.
Dating back to the late 1800s, the broken window theory has been used by law enforcement to some extent for over a hundred years. The basic idea is that if you have a broken window left unattended in a neighborhood, this encourages others not to take pride in their property, and spreads to other broken windows, further signs of blight and a decrease in community ownership of the area. This theory applies to all aspects of law enforcement. Ignoring petty crime will encourage more of the same. In other words, ignoring the small things will lead to big problems. It does not mean being harsh on crime; it simply means not ignoring it and addressing the issues as they arise with solid problem-solving solutions. The Police Department strives to be responsive to all crime impacts and seeks community engagement to share those low-level issues that create a broader problem for residents and business owners in aggregate.
Considering this, one thing that seems minor but should be addressed is abandoned phone booths. Once an everyday staple of society and used by so many, they have now been turned into empty shells that attract vandalism, littering, loitering, and an unsightly appearance that attracts more of the same.
Partnering with Nevada City Public Works (who completed the project), we removed one of the vacant phone booths in front of Bonanza Market. Although this may seem small, we will avoid significant issues by paying attention to minor problems and have made our community look better in the process.
Nevada City Police Department (NCPD) will always be available for comments and will notify the council of any concerns.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None.
ENVIRONMENTAL CONSIDERATIONS:
None.
LEGAL REVIEW:
None.
ATTACHMENTS:
January 2023 Case Report
Phone Booth Removal Pictures Before and After
CURRENT PERIOD SAME PERIOD LAST YEAR CHANGE
Type Number Percent Cleared* Percent Number Percent Cleared* Percent Number Percent Case Report Type
ANIMAL 1 1% 0 0% 1 2% 0 0% 0 0%
ASSAULT - A 2 3% 2 100% 1 2% 0 0% 1 100%
ASSAULT - S 1 1% 0 0% 2 5% 0 0% -1 -100%
AUTO THEFT 0 0% 0 0% 1 2% 0 0% -1 -100%
BURGLARY 2 3% 0 0% 0 0% 0 0% 2 200%
COURT ORDER 2 3% 1 50% 1 2% 1 100% 1 100%
DANGER TO SELF 1 1% 0 0% 0 0% 0 0% 1 100%
DECEASED PERSON 0 0% 0 0% 2 5% 0 0% -2 -200%
DISORDERLY 4 6% 2 50% 1 2% 1 100% 3 300%
DOMESTIC DISPUTE 2 3% 0 0% 0 0% 0 0% 2 200%
DUI 4 6% 2 50% 3 7% 3 100% 1 100%
FOUND PROPERTY 5 7% 0 0% 5 12% 0 0% 0 0%
FRAUD 1 1% 0 0% 2 5% 0 0% -1 -100%
GENERAL 5 7% 0 0% 0 0% 0 0% 5 500%
HIT-RUN-N 2 3% 0 0% 0 0% 0 0% 2 200%
LIQUOR LAWS 0 0% 0 0% 1 2% 1 100% -1 -100%
MENTAL HEALTH 0 0% 0 0% 1 2% 0 0% -1 -100%
MISC INFO RPT 4 6% 0 0% 3 7% 0 0% 1 100%
MISSING 2 3% 0 0% 1 2% 0 0% 1 100%
MUNI CODE 1 1% 0 0% 0 0% 0 0% 1 100%
MVSTOP 3 4% 0 0% 0 0% 0 0% 3 300%
NARCOTICS 2 3% 0 0% 0 0% 0 0% 2 200%
OA 1 1% 0 0% 1 2% 1 100% 0 0%
PROPERTY 2 3% 0 0% 0 0% 0 0% 2 200%
SEX OFFENSE 0 0% 0 0% 0 0% 0 0% 0 0%
THEFT 2 3% 0 0% 1 2% 0 0% 1 100%
TOW 2 3% 0 0% 2 5% 1 50% 0 0%
TRAFFIC 1 1% 1 100% 0 0% 0 0% 1 100%
TRAFFIC COLLISION 1 1% 0 0% 0 0% 0 0% 1 100%
TRESPASS 0 0% 0 0% 1 2% 1 100% -1 -100%
VANDALISM 3 4% 0 0% 2 5% 0 0% 1 100%
WARRANT ARREST 2 3% 2 100% 2 5% 2 100% 0 0%
Total Case Reports 58 10 34 11 24
CURRENT PERIOD SAME PERIOD LAST YEAR CHANGE
Type Number Percent Cleared* Percent Number Percent Cleared* Percent Number Percent Arrest Type
Adult Arrests Felony 8 32% 5 62% 4 33% 3 75% 4 400%
Adult Arrests Misd 15 60% 5 33% 8 67% 8 100% 7 700%
Juvenile Arrests Felony 1 4% 1 100% 0 0% 0 0% 1 100%
Juvenile Arrests Misd 0 0% 0 0% 0 0% 0 0% 0 0%
Warrant Arrests** 0 0% 0 0% 0 0% 0 0% 0 0%
All Other Arrests 1 4% 0 0% 0 0% 0 0% 1 100%
Total Arrests 25 11 12 11 13
RMS-185b v1.0 Printed 2/15/2023 10:46:05 AM Page 1 of 1 Total Pages * Cleared - Is determined by the case status where the case is cleared by an arrest or an exception. ** Arrest Type, Warrant Arrests - Are Warrant reports where warrant type = 'ARREST'.
CITY OF NEVADA CITY
317 BROAD ST.
POLICE DEPARTMENT
MONTHLY STATISTICAL REPORT
CLEARED BY CASE STATUS
REPORT PERIOD
January 2023
NEVADA CITY, CA 95959
(530) 265-4700
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: February 22, 2022 Agenda Item No. 04
Subject: Building Activity Report January 2023
From: Amy Wolfson, City Planner
Date: February 17, 2023
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
The attached Building Activity Report for January 2023 reviews the actions and activities for the month.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None.
STRATEGIC PLAN ALIGNMENT:
This action, reporting on the program, is consistent with the embedded strategic initiative of Engagement:
Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
None.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Building Activity Report January 2023
Date
Record
Number Record Type Description Address Status
1/31/2023 230253 Express Permit
Digital: Add new residential standby generator 20kw and transfer switch, 2,256 sq ft.This permit includes two inspections. 416 BROAD STREET,
Nevada City CA
95959 Received
1/26/2023 230207 Express Permit
Digital. 3.120kW PV (8) Panels, 5kW ESS (1) LG Chem 9.8 kW battery. Proof of sewer backflow prevention device installed to be verified before final.Includes two inspections. Final required. 510 SACRAMENTO
STREET, Nevada
City CA 95959 Received
1/25/2023 230201 Express Permit
Digital. INSTALL HEATING AND COOLING IN EXISTING 2ND
DWELLING. Includes one inspection. Final required.
302 PARK AVENUE,
Nevada City CA
95959 Issued
1/25/2023 230190 Full Review
Construct new 400sf rectangular swimming pool. This permit includes 4 inspections. A final inspection is required. 310 DRUMMOND
STREET, Nevada
City CA 95959 Issued
1/16/2023 230105 Express Permit Installing new 5.2kw PV system on home 210 DRUMMOND
STREET, Nevada
City CA 95959 Received
1/12/2023 230092 Express Permit
Digital. Replace the existing high efficiency furnace with a new standard 95% FAU furnace. Replacing like for like, heating only, same location. Includes one inspection. Final required. 112 BOULDER
STREET, Nevada
City CA 95959 Finaled
1/12/2023 230091 Express Permit
Digital. Replace existing wall heater. System located in house.
Includes one inspection. Final required.
639 WEST BROAD
STREET, Nevada
City CA 95959 Issued
1/5/2023 230030 Express Permit
Digital. Install of 24kW generac generator with EZ 16 transfer switch and subpanel combo, emergency generator disconnect, appr 15ft 1" steel gas line to 250 cfh nat gas meter. Verified Sewer Back Flow installed 3/18/19. Includes 2 inspections.
Final required.
534 EAST BROAD
STREET, Nevada
City CA 95959 Issued
JANUARY 2023 BUILDING ACTIVITY REPORT
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: February 22, 2023 Agenda Item No. 05
Subject: Fire Activity Report – January 2023
From: Sam Goodspeed, Division Chief
Date: February 14, 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): Engine 84
4 22 6
Total: 4 Total: 22
Avg: 5.50
Apparatus Resource ID (FD18.1): Engine 86
1 5 5
Total: 1 Total: 5
Avg: 5.00
Apparatus Resource ID (FD18.1): Engine 87
1 3 3
Total: 1 Total: 3
Avg: 3.00
Apparatus Resource ID (FD18.1): OESE4610
1 25 25
Total: 1 Total: 25
Avg: 25.00
Apparatus Resource ID (FD18.1): Rescue 84
21 450 21
Total: 21 Total: 450
Avg: 21.43
Total: 28 Total: 505
Avg: 11.99
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: 02/14/2023 08:13:08 AM
Basic Incident Type (Fd1.21):
Apparatus Resource Id (Fd18.1):
Basic Incident Date - Derived (Fd1.3):
Elite grsnev Station 5 Incident Type Report (Summary)
Basic Incident Type Code And
Description (FD1.21)
Total
Incidents
Total Incidents Percent of
Incidents
Total
Property
Loss
Total Content
Loss
Total Loss Total Loss Percent
of Total
Incident Type Category (FD1.21): 1 - Fire
111 - Building fire 1 1.05%
113 - Cooking fire, confined to container 1 1.05% 0.00 5.00 5.00 0.03% 131 - Passenger vehicle fire 2 2.11% 15,000.00 100.00 15,100.00 99.97% Total: 4 Total: 4.21% Total:
15,000.00
Total: 105.00 Total:
15,105.00
Total: 100.00%
Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 321 - EMS call, excluding vehicle
accident with injury
34 35.79%
322 - Motor vehicle accident with injuries 7 7.37%
324 - Motor vehicle accident with no
injuries.
4 4.21%
Total: 45 Total: 47.37% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 445 - Arcing, shorted electrical
equipment
1 1.05%
463 - Vehicle accident, general cleanup 1 1.05%
Total: 2 Total: 2.11% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 5 - Service Call
554 - Assist invalid 1 1.05%
Total: 1 Total: 1.05% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 6 - Good Intent Call
611 - Dispatched and cancelled en route 19 20.00%
6111 - Holding in Quarters 6 6.32%
622 - No incident found on arrival at
dispatch address
3 3.16%
671 - HazMat release investigation w/no
HazMat
2 2.11%
Total: 30 Total: 31.58% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 7 - False Alarm & False Call 733 - Smoke detector activation due to
malfunction
1 1.05%
735 - Alarm system sounded due to
malfunction
2 2.11%
741 - Sprinkler activation, no fire -
unintentional
1 1.05%
743 - Smoke detector activation, no fire -
unintentional
2 2.11%
745 - Alarm system activation, no fire -
unintentional
6 6.32%
Total: 12 Total: 12.63% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 8 - Severe Weather & Natural Disaster 815 - Severe weather or natural disaster
standby
1 1.05%
Total: 1 Total: 1.05% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Total: 95 Total: 100.00% Total:
15,000.00
Total: 105.00 Total:
15,105.00
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: 02/14/2023 08:04:17 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 4 1 - Station 1 - City 5
2 - Station 2 - City 34
5 - Station 5 - City 27
NCC 54 4
NCC 84 15
NCC 86 5
NCC 87 4
NCC 91/92 1
Report Criteria
Is In Brush 5, Chief 5400, Engine 5, Utility 5
Is Equal To Last Month
1 of 1 Printed On: 02/14/2023 08:04:18 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 321 - EMS call, excluding vehicle accident
with injury
27 71.05%
322 - Motor vehicle accident with injuries 1 2.63%
Total: 28 Total: 73.68% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 445 - Arcing, shorted electrical equipment 1 2.63%
Total: 1 Total: 2.63% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 5 - Service Call
554 - Assist invalid 1 2.63%
Total: 1 Total: 2.63% 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 5 13.16%
622 - No incident found on arrival at
dispatch address
1 2.63%
Total: 6 Total: 15.79% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 7 - False Alarm & False Call 743 - Smoke detector activation, no fire -
unintentional
1 2.63%
745 - Alarm system activation, no fire -
unintentional
1 2.63%
Total: 2 Total: 5.26% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Total: 38 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: 02/14/2023 08:04:07 AM
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: February 22, 2023 Agenda Item No. 06
Subject: Business Development Fee Waiver Program Activity Report January 2023
From: Sean Grayson, City Manager
Date: February 17, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
At the October 26, 2022, Regular City Council meeting, the City Council approved the Business Development and Sustainability Fee Waiver Program that was requested through City Council process and the development of the City’s Strategic Plan. The program purpose is to assist Nevada City businesses as they emerge from the impacts of COVID-19 and seek to sustain and expand business as well as to incentivize new businesses within Nevada City. The program went into effect on October 27, 2022 and ends June 30, 2023. The program was limited to the first $40,000 in approved fee waivers. At the January 25, 2023, meeting the City Council authorized an increase in the program to $100,000 total. Businesses are limited a maximum of $2000 in fee waivers. Eligible applicants include existing businesses operating in good standing in Nevada City with a current business license in the City. Businesses new to Nevada City are eligible applicants to waive payment of business license fee for one year and waive Seaman’s Lodge Rental fees and Special Event fees where applicable. Categories of fees eligible for fee waiver include the following:
• Business License or Home Occupation Permit
• Conditional Use Permit
• Minor Architectural Review: Like for Like Change
• Architectural Review: Non-Residential
• Sign Review
• Encroachment Permit: Parklet or Sidewalk Dining
• Encroachment Fees: Parklet
• In Lieu Parking Fee
• Seaman's Lodge Rental Fee for Business Use
• Special Event Fees for Business Generating Event
As of February 15, 2023, the City has approved 77 business applicants for the fee waiver program. $4,553 has been used by businesses to date. Fifteen new businesses have acquired business licenses with the City under the program. Participating businesses include:
FINANCIAL AND/OR POLICY IMPLICATIONS:
The City Council has authorized a maximum amount of $100,000 for the program.
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: February 22, 2023 Agenda Item No. 07
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: February 17, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Adopt the resolution.
ISSUE STATEMENT AND DISCUSSION:
At the January 11, 2023, Regular City Council meeting the Council adopted 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. This resolution was adopted due to the significant impacts of the winter storms which included a large number of fallen trees and limbs damaging infrastructure, blocking city streets and sidewalks, and creating safety hazards; the City’s water and wastewater treatment facilities operated intermittently on generator power and experienced an inundation of debris and rocks causing operations impacts and damage to infrastructure; and power, phone, and internet, were lost throughout multiple locations in the region and within the city limits.
The resolution and initial damage estimates were transmitted to both the Nevada County Office of Emergency Services and the California Office of Emergency Services (CalOES). On Friday February 3, 2023, CalOES visited Nevada City including the sites of various damage and impact from the storms. The City will continue to pursue cost recovery through all mechanisms.
The storms have subsided although the impacts persist. California Government Code requires that the City Council renew ratification for any declared local emergency every 60 days if needed. Should renewal of the ratification be required it will be scheduled at the March 8, 2023, Regular City Council meeting.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Any grant proceeds would be allocated to the proposed project upon receipt. There is no match for this grant application.
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.
ATTACHMENTS:
None.
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: February 22, 2023 Agenda Item No. 08
Subject: Consideration of a City Investment Report for the 4th Quarter 2022.
From: Stephen Erlandson, Interim Assistant City Manager Date: February 16, 2023
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
The City Council adopted an amended Investment Policy on January 25, 2023. The City Investment Policy requires the City Manager to submit a quarterly cash and investment report to the City Council that contains 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, and the portfolio’s average weighted yield and maturity.
The quarterly cash and investment report provides a summary of the cash and investment accounts held by the City for the quarter ended December 31, 2022. In order to manage its cash and investments, the City combines cash resources from all funds into a single pool consisting of a number of accounts and securities.
The balance in the pooled cash account includes cash and liquid investments that are available to meet the City’s current cash needs. Cash in excess of the City’s current cash needs is invested in interest-bearing investments with various maturities.
Time Value Investments, Inc. (TVI) manages and makes recommendations for $1,232,072.97 (market value) of the City’s investment portfolio. City staff directly manages the LAIF pooled investment of $525,971.31 and all of the City’s Tri Counties checking accounts.
Detailed information regarding the securities contained in the City’s investment portfolio is provided in the City’s Investment Report (Attached).
FINANCIAL AND/OR POLICY IMPLICATIONS:
There is no fiscal impact as a result of this action.
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:
Investment Report for the Quarter Ended December 31, 2022
CITY OF NEVADA CITY
INVESTMENT REPORT
as of
December 31 ,2022
Sean Grayson
CITY MANAGER
Victoria Knoll
CHIEF FINANCIAL OFFICER
February 22, 2023
CITY OF NEVADA CITY
INVESTMENT REPORT
TABLE OF CONTENTS
Statement of Compliance/Non-Compliance 1
Report of Cash and Investments 2
LAIF Investment Reports 3
Time Value Investments Statement 6
City of Nevada City
Statement of Compliance/Non-Compliance
with the City’s Investment Policy
The undersigned officers of the City of Nevada City hereby certify that:
As of December 31, 2022, the City of Nevada investment report includes all cash and investments of the City and is in conformance with all State laws and in compliance with the Investment Policy adopted at the January 26, 2022 Regular City Council Meeting. At the time of the report, there is sufficient liquidity from cash, cash equivalents, and anticipated revenues available to meet the City’s budgeted expenditure requirements for the next six months.
Sean Grayson Victoria Knoll
City Manager Chief Financial Officer
Description
Settlement
Date
Maturity
Date
Shares/
Par Value
Coupon
Rate Yield Cost
Percent of
Portfolio
Market *
Value
Cash in Bank
Petty Cash $ 1,300.00 $ 1,300.00
Tri Counties Bank General Checking 2,388,561.48 2,388,561.48 Tri Counties Bank Core Cannabis Checking 2,476,240.93 2,476,240.93 Tri Counties Bank Fire Checking 22,737.24 22,737.24
Time Value Investments Money Market 45,879.38 45,879.38 Total - Cash in Bank $ 4,934,719.03 73.76% $ 4,934,719.03 Pooled Investments
Local Agency Investment Fund 2.173% $ 525,971.31 $ 525,971.31 Total - Pooled Investments $ 525,971.31 7.86% $ 525,971.31 Certificates of Deposit
American Express National Bank- 02589AC67 4/13/22 4/14/25 $ 246,000.00 2.600% 2.710% $ 246,000.00 $ 235,441.68 Capital One Bank - 14042TFJ1 4/13/22 4/13/27 246,000.00 2.700% 2.910% 246,000.00 228,069.06 Comenity Capital Bank - 20033A2Z8 4/14/22 4/14/26 249,000.00 2.600% 2.760% 249,000.00 233,972.85 Total - Certificates of Deposit $ 741,000.00 $ 741,000.00 11.08% $ 697,483.59 US Treasury Notes
9128286R6 4/30/19 4/30/24 $ 250,000.00 2.250% 2.320% $ 242,147.50 $ 242,147.50 91282CBX8 4/30/21 4/30/23 250,000.00 0.125% 0.120% 246,562.50 246,562.50 Total - US Treasury Notes $ 500,000.00 $ 488,710.00 7.30% $ 488,710.00 $ 1,241,000.00 $ 1,229,710.00 18.38% $ 1,186,193.59
$ 1,755,681.31 $ 1,712,164.90
$ 6,690,400.34 100.00% $ 6,646,883.93
827 Days
573 Days
2.14%
2.15%
NOTE: Market value disclosure is for informational purposes only. City policy is to hold all investments until maturity; therefore, any unrealized gain or loss reflected between the cost and market value of an investment will not be realized.
Average weighted maturity of investements, excluding investment pools Average weighted maturity of investements, including investment pools Average weighted yield of investements, excluding investment pools Average weighted yield of investements, including investment pools * Market Value of City investments provided by Time Value Investments (see attached statement).
City of Nevada City
Report of Cash and Investments
for the Quarter Ended December 31, 2022
Total City Investments, Excluding Pooled Investments
Total City Investments, Including Pooled Investments
Total City Cash and Investments
December 2.173
November 2.007
October 1.772
PMIA Quarter to Date(1): 1.98
PMIA Average Life 287 (1):
LAIF Apportionment Rate 2.07 (2):
0.00005680946709337
0.981389258
LAIF Earnings Ratio(2):
LAIF Fair Value Factor(1):
PMIA Daily(1): 2.29
Treasuries
66.67%
Agencies
20.08%
Certificates of
Deposit/Bank Notes
6.26%
Time
Deposits
2.58%
Commercial
Paper
3.95%
Corporate
Bonds
0.27%
Loans
0.19%
Notes: The apportionment rate includes interest earned on the CalPERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 (a).
Source:
(1) State of California, Office of the Treasurer
(2) State of Calfiornia, Office of the Controller
PMIA Average Monthly
Effective Yields(1)
PMIA/LAIF Performance Report
as of 01/18/23
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 12/31/22
Chart does not include $3,466,000.00 in mortgages, which equates to 0.002%. Percentages may not total 100% due to rounding.
Pooled Money Investment Account
Monthly Portfolio Composition (1)
12/31/22
$199.6 billion
Carrying Cost Plus
Description Accrued Interest Purch. Amortized Cost Fair Value Accrued Interest United States Treasury:
Bills $ 35,572,298,376.73 $ 35,896,965,984.48 $ 35,813,625,000.00 NA Notes $ 96,336,543,012.97 $ 96,327,058,254.86 $ 93,171,299,000.00 $ 287,620,426.50 Federal Agency:
SBA $ 338,889,007.89 $ 338,889,007.89 $ 338,773,080.09 $ 1,004,954.08 MBS-REMICs $ 3,465,697.68 $ 3,465,697.68 $ 3,425,155.69 $ 15,470.20 Debentures $ 9,096,582,571.99 $ 9,096,520,766.45 $ 8,886,499,200.00 $ 26,924,215.25 Debentures FR $ - $ - $ - $ -
Debentures CL $ 2,900,000,000.00 $ 2,900,000,000.00 $ 2,833,516,000.00 $ 26,791,810.50 Discount Notes $ 25,325,736,041.68 $ 25,562,614,902.86 $ 25,510,373,000.00 NA Supranational Debentures $ 2,426,390,203.78 $ 2,425,759,648.22 $ 2,338,151,100.00 $ 7,376,541.50 Supranational Debentures FR $ - $ - $ - $ -
CDs and YCDs FR $ - $ - $ - $ -
Bank Notes $ 100,000,000.00 $ 100,000,000.00 $ 99,990,832.29 $ 1,541,666.67 CDs and YCDs $ 12,400,000,000.00 $ 12,400,000,000.00 $ 12,382,893,375.51 $ 124,083,166.66 Commercial Paper $ 7,895,772,944.44 $ 7,975,413,013.94 $ 7,970,181,986.08 NA Corporate:
Bonds FR $ - $ - $ - $ -
Bonds $ 530,321,150.56 $ 530,164,414.45 $ 503,140,960.00 $ 4,279,027.65 Repurchase Agreements $ - $ - $ - $ -
Reverse Repurchase $ - $ - $ - $ -
Time Deposits $ 5,144,000,000.00 $ 5,144,000,000.00 $ 5,144,000,000.00 NA PMIA & GF Loans $ 376,811,000.00 $ 376,811,000.00 $ 376,811,000.00 NA TOTAL $ 198,446,810,007.72 $ 199,077,662,690.83 $ 195,372,679,689.66 $ 479,637,279.01 Fair Value Including Accrued Interest $ 195,852,316,968.67 Repurchase Agreements, Time Deposits, PMIA & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost).
The value of each participating dollar equals the fair value divided by the amortized cost (0.981389258).
As an example: if an agency has an account balance of $20,000,000.00, then the agency would report its participation in the LAIF valued at $19.627,785.16 or $20,000,000.00 x 0.981389258.
State of California
Pooled Money Investment Account
Market Valuation
12/31/2022
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: February 22, 2022 Agenda Item No. 09
Subject: Consideration of the 2022 Model Water Efficiency Landscape Ordinance Report (MWELO) Submitted to the
Department of Water Resources
From: Amy Wolfson, City Planner
Date: February 17, 2023
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
The City’s Model Efficient Landscape Ordinance (MWELO) was updated in 2015 to increase water efficiency standards for new and retrofitted landscapes through encouraging the use of more efficient irrigation systems, graywater usage, and onsite storm water capture, and by limiting the portion of landscapes that can be covered in turf. Since the update, the Department of Water Resources requires annual reporting on projects subject to the MWELO
In 2022, only one applicable project, Cashin’s Field, was ‘finaled,’ requiring compliance with MWELO.
A total of 49,135 square feet of landscaped area was subject to the ordinance. Staff transmitted the attached report to DWR on January 17, 2022.
This item is presented as receive and file to communicate the report as submitted to the state as well as to provide transparency to the City Council and the community on statutory compliance reporting.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None.
STRATEGIC PLAN ALIGNMENT:
This action, reporting on the program, is consistent with the embedded strategic initiative of Engagement:
Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
None.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
2022 Model Water Efficiency Landscape Ordinance Report
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: February 22, 2023 Agenda Item No. 10
Subject: Consideration of Award of a Professional Services Contract with Sauers Engineering for Water and Sewer
Hydraulic Modeling in an Amount Not-to-Exceed $60,500;
Authorize a Contingency of 10%, Not-to-Exceed $6,000 and Authorize the City Manager to Sign the Contract.
From: Bryan McAlister, City Engineer
Date: February 16, 2023
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Award of Professional Services Contract, authorize the contingency, and authorize the City Manager to sign the contract.
ISSUE STATEMENT AND DISCUSSION:
The City of Nevada City applied for and was successfully awarded a $60,000 Regional Infrastructure Planning Study Project Grant by the Nevada County Board of Supervisors on January 24th, 2022. The Grant funds are a part of County of Nevada’s Regional Early Action Planning (“REAP”) allocation to assist in housing production and to facilitate compliance in implementation of the Sixth Cycle Regional Housing Needs Assessment (RHNA) as part of the County’s 2019 – 2027 Housing Element.
City Engineering staff issued a Request for Proposal (RFP) to retain an experienced and qualified engineering consultant firm to prepare Water and Sewer Hydraulic Modeling for Nevada City. The purpose of the hydraulic modeling is to provide the City with:
• Modeling of the existing and aging water and sewer infrastructure to determine capacity and limits of the existing system.
• Modeling with two or three scenarios (too be determined by the City) of planned future growth to determine where pipes, tanks or other facilities need to be upsized or modified to accommodate demands for service in specific areas where growth is anticipated • Modeling will be used by the City to determine if pipes that are being replaced as part of other City maintenance or improvements projects should be upsized to accommodate existing or future capacity Request for proposals was advertised on January 13, 2023 and proposals were received on February 3, 2023 from qualified consultants, as follows:
Akel Engineering Group, Fresno CA
Sauers Engineering Inc., Nevada City CA
City staff evaluated each proposal based on evaluation criteria included in the RFP. The evaluations were independently completed by Bryan McAlister, Shane Kinne and William Falconi. Based on the evaluation rankings, Sauers Engineering Inc., was selected as the top ranked firm and is recommended for consideration of award.
City staff recommends that the contract be awarded to Sauers Engineering Inc. Upon approval by the City Council, the City Manager will negotiate with the consultant for the final scope of work and cost and will execute a contract in the amount not to exceed $66,500.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The Water and Sewer Hydraulic Modeling will be funded using $6,500 from water and sewer fund appropriations in the fiscal year 2022/2023 budget and by $60,000 Regional Infrastructure Planning Study Project Grant as a part of County of Nevada’s Regional Early Action Planning (“REAP”) allocation.
STRATEGIC PLAN ALIGNMENT:
This action, engineering analysis, is consistent with the embedded strategic initiative of Infrastructure:
Parking, Roads, Right-of-Way, and other public and contracted infrastructure. This action is also consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
None, for purposes of this engineering analysis.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Professional Services Contract for Water and Sewer Hydraulic Modeling Proposal for Water and Sewer Hydraulic Modeling from Sauers Engineering ver 4-13-18
PROFESSIONAL SERVICES CONTRACT
CITY OF NEVADA CITY
THIS AGREEMENT is made and entered into this 22nd day of February 2023 by and between the CITY OF NEVADA CITY, hereinafter referred to as "City" and Sauers Engineering, Inc. hereinafter referred to as "Consultant".
RECITALS:
WHEREAS, City desires to retain a Consultant to provide the following services:
See attached Scope of Work (Exhibit “A”) for Water and Sewer Hydraulic Modeling WHEREAS, Consultant warrants that it is qualified and agreeable to render the aforesaid services.
NOW, THEREFORE, for and in consideration of the agreement made, and the payments to be made by City,the parties agree to the following:
1. SCOPE OF SERVICES: Consultant agrees to provide all of the services described in Exhibit "A" attached hereto and by this reference made a part hereof.
A. Consultant agrees to furnish all labor, materials, equipment, services, and other means necessary to perform and complete in a good and workmanlike manner, those certain improvements as called for, and in the manner designated in Exhibit “A”.
2. ADDITIONAL SERVICES: The City may desire services to be performed which are relevant to this contract but have not been included in the scope of the services listed in Paragraph 1 above and Consultant agrees to perform said services upon the written request of City. These additional services could include,but are not limited to,any of the following:
A. Work requested by the City in connection with any other matter or any item of work not specified herein;
B. Work resulting from substantial changes ordered by the City in the nature or extent of the project, and
3. PROJECT RECORDS: Consultant shall maintain project records and data in a format acceptable to City and State, and provide same to the City within thirty (30) days after the completion of the contract and prior to final payment.
4. CITY FURNISHED SERVICES: The City agrees to:
A. Guarantee access to and make provisions for the Consultant to enter upon public and private lands as required to perform their work.
B. Not withhold approval of final deliverables without substantial cause.
C. Make available all pertinent data and records for review. ver 4-13-18
D. Provide general bid and contract forms and special provisions format when needed.
5. FEES: Payment for the services provided under this Agreement shall be based on a unit price basis at rates set forth in Exhibit "C", for a Fixed Price, Not to Exceed Amount of $_________ . The City agrees to pay and the Consultant agrees to accept, in full payment for the work above agreed to be done, the payment for all work described herein subject to additions and deductions as provided in this contract.
6. PAYMENT:
Payment for services under this Contract shall be due each month within thirty (30) calendar days after receipt by City of an invoice covering the service(s) rendered to date.
With respect to any additional services provided under this Contract as specified in paragraph 2 hereof, Consultant shall not be paid unless Consultant has received written authorization from City for the additional services prior to incurring the costs associated therewith.
7. CONTRACT PERFORMANCE TIME: If this bid is accepted, the bidder agrees to execute the Agreement, and furnish to the City all required evidences of insurance, within ten (10) days after receiving written notice of the award of contract, and complete the project within the timeframe specified in the RFP. one hundred and twenty (120) calendar days after receiving written notice to proceed.
8. INSURANCE: Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
ver 4-13-18
Primary Coverage
For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity.
Waiver of Subrogation
Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.
Claims Made Policies (for Professional Liability Coverage) If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
Verification of Coverage
Consultant shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors(or Subconsultants) maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
9. WORKER'S COMPENSATION: The Consultant acknowledges that it is aware of the provisions of the Labor Code of the State of California which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code and it certifies that it will comply with such provisions before commencing the performance of the work of this Contract.
ver 4-13-18
10. PREVAILING WAGE AND APPRENTICES: Consultant acknowledges awareness of the provisions of the Code, in particular Labor Code Sections 1770 to 1780, inclusive, and Title 8 of the California Administrative Code Sections 200 et seq.; and shall comply with such provisions before commencing services required by this Contract to be performed by employees subject to these provisions.
Pursuant to SB 854, this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). The DIR registration number of each subcontractor and subconsultant must be identified and failure to identify this number could categorize your proposal as non-responsive. The City reports all public works contracts to the DIR within 5 days of the contract award date.
11. NONDISCRIMINATORY EMPLOYMENT: In connection with the execution of this Contract, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin, political affiliation, ancestry, marital status or disability. This policy does not require the employment of unqualified persons.
12. SUBCONTRACTING: Consultant shall not subcontract nor assign any portion of the work required by this Contract without prior written approval of the City except for any subcontract work identified herein. Consultant shall require any such subcontractor to comply with all of the provisions of this contract except that Consultant may determine the need for subcontractor to carry errors and omissions insurance.
13. ASSIGNMENT: The rights, responsibilities and duties under this Contract are personal to the Consultant and may not be transferred or assigned without the express prior written consent of the City.
14. LICENSING: The Consultant shall maintain the appropriate licenses throughout the life of this Contract.
15. BOOKS OF RECORD AND AUDIT PROVISION: Consultant shall maintain on a current basis complete books and records relating to this contract. Such records shall include, but not be limited to, documents supporting all bids, all income and all expenditures. The books and record shall be original entry books with a general ledger itemizing all debits and credits for the work on this contract.
In addition, Consultant shall maintain detailed payroll records including all subsistence, travel and field expenses, and canceled checks, receipts and invoices for all items. These documents and records shall be retained for at least three (3) years from the date of final payment and all other pending matters are closed for completion of this contract. Consultant will permit City to audit all books, accounts or records relating to this contract or all books, accounts or records of any business entities controlled by Consultant who participated in this contract in any way. Any audit may be conducted on Consultant's premises or, at City's option, Consultant shall provide all books and records within a maximum of fifteen (15) days upon receipt of written notice from City.
16. TIME OF COMPLETION: The Consultant agrees to complete each phase of the work within the time schedules outlined within this Contract.
17. LIQUIDATED DAMAGES: Time is of the essence in the performance of the services by the Consultant.
In the event that the Consultant's work is not completed in an acceptable fashion by any of the dates established herein, the City may incur damages due to the delay.
18. DISPUTE RESOLUTION: Every effort will be made to resolve, in an equitable manner, any dispute arising between the City and Consultant concerning the terms of this agreement and subsequent Task Orders.
19. TITLE: It is understood that any and all documents, information and reports concerning this project prepared by and/or submitted to the Consultant, shall be the property of the City upon full payment of all monies due and owing to the Consultant in accordance with the terms of this Agreement. The Consultant may retain reproducible copies of drawings and copies of other documents. In the event of the termination ver 4-13-18
of this Contract, for any reason whatever, Consultant shall promptly turn over all information, writing and documents to City without exception or reservation for their intended use only. Consultant is not responsible for any use of the documents for anything other than their original intended use.
20. TERMINATION:
A. If the Consultant fails to provide in any manner the services required under this Contract or otherwise fails to comply with the terms of this Contract or violates any ordinance, regulation or other law which applies to its performance herein, the City may terminate this Contract by giving five (5) calendar days written notice to the party involved.
B. The Consultant shall be excused for failure to perform services herein if such services are prevented by acts of God, strikes, labor disputes or other forces over which the Consultant has no control.
C. Either party hereto may terminate this Contract for any reason by giving thirty (30) calendar days written notice to the other parties. Notice of Termination shall be by written notice to the other parties and be sent by registered mail.
D. In the event of termination not the fault of the Consultant, the Consultant shall be paid for services performed to the date of termination in accordance with the terms of this Contract.
21. RELATIONSHIP BETWEEN THE PARTIES: It is expressly understood that in the performances of the services herein, the Consultant, and the agents and employees thereof, shall act in an independent capacity and as an independent Consultant and not as officers, employees or agents of the City.
22. AMENDMENT: This Contract may be amended or modified only by written agreement of all parties.
23. ASSIGNMENT OF PERSONNEL: The Consultant shall not substitute any personnel for those specifically named in Exhibit "B" unless personnel with substantially equal or better qualifications and experience are provided, acceptable to City, as evidenced in writing.
24. JURISDICTION AND VENUE: This Contract shall be construed in accordance with the laws of the State of California and the parties hereto agree that venue shall be in Nevada County, California.
25. INDEMNIFICATION:
(a Indemnification for Professional Liability. Where the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or sub-consultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. (b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant.
The provisions of this section do not apply to claims occurring as a result of City’s sole or active negligence.
The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents. ver 4-13-18
26. COMPLIANCE WITH APPLICABLE LAWS: The Consultant shall comply with any and all federal, state and local Laws affecting the services covered by this Contract.
27. NOTICES: Notices shall be given to City at the following location:
City of Nevada City
Attention: Bryan McAlister, City Engineer
317 Broad Street
Nevada City, CA 95959
Notices shall be given to Consultant at the following address:
Sauers Engineering Inc.
Attn: Keith Knibbs
105 Providence Mine Road, Suite 202
Nevada City, CA 95959
28. STANDARD OF PRACTICE: The Consultant warrants that Consultant has the degree of learning and skill ordinarily possessed by reputable professionals practicing in similar localities in the same profession and under similar circumstances. Consultant's duty is to exercise such care skill and diligence as professionals engaged in the same profession ordinarily exercise under like circumstances.
29. FINANCIAL DISCLOSURE STATEMENTS: If the scope of work of this contract is of such a nature, Consultant will follow the form and requirements of Government Code Sections 87100, et seq. in filing its financial disclosure statement.
30. COST DISCLOSURE: In accordance with Government Code Section 7550, Consultant agrees to state in a separate section of its filed report the dollar amount of this contract and any related contracts and subcontracts relating to the preparation of the report resulting from this contract.
IN WITNESS WHEREOF, the parties hereunto have executed this Contract on the date first above written APPROVED BY:
CITY OF NEVADA CITY:
_____________________________
City Manager
______________________
Deputy City Clerk
SAUERS ENGINEERING INC.
(Signature)
(Printed Name and Title)
(Federal Tax I.D. #)
Attachments:
1. Exhibit A Scope of Services
2. Exhibit B Assignment of Personnel
3. Exhibit C Cost Proposal
ver 4-13-18
Exhibit A
CONSULTANTS
SCOPE OF SERVICES
.
ver 4-13-18
Exhibit B
ASSIGNMENT OF PERSONNEL
__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ ver 4-13-18
Exhibit C
COST PROPOSAL
Note: Hourly Rates shall include all cost components including labor cost, fringe benefit rates, indirect costs (overhead and general/administrative) fee/profit, and subconsultant costs.
Proposal shall include estimated hours and costs itemized by items of work for each type of service to be provided with a total for each item.
Invoice shall actual hours and costs itemized with by items of work performed with a total for each item.
Do not include mark-ups, contingencies or optional services or tasks.
1 Bryan McAlister
From: Keith Knibb <[email protected]>
Sent: Thursday, February 16, 2023 10:43 AM
To: Bryan McAlister
Subject: Re[2]: Water and Sewer Modeling RFP
Attachments: Revised Cost Proposal Spreadsheet.pdf
Hi Bryan,
Attached is our revised cost proposal spreadsheet for the water and sewer hydraulic modeling project. We refined the scope of the project from our original assumptions including the following:
We anticipated modeling new pipelines to areas of future development. Instead, we will add new flows and demands at the appropriate node on the existing system models to test the effects on the existing systems only.
We would typically do a more extensive analysis of sewer system I/I in order to better replicate the actual peak flows as measured at the wastewater treatment plant. We will utilize a 2X peaking factor as indicated in the City's RFP.
We anticipated reviewing individual flow meter records as part of assigning demands, especially for commercial customers. We will instead utilize an equivalent dwelling unit approach for commercial customer water demand and sewer generation factors. Our Technical Memorandum scope included a prioritized list of water and sewer pipelines to be replaced along with cost estimates and a replacement schedule. We will still include a list of pipelines identified as in need of replacement, either due to current deficiencies or as a result of future development, however it will not include cost estimates or prioritized schedule.
Please let me know if these revisions will be acceptable. If so, we look forward to working with the City under the attached revised cost proposal.
Thanks,
Keith Knibb
Sauers Engineering, Inc.
105 Providence Mine Road, Suite 202
Nevada City, CA 95959
530.265.8021
City of Nevada City
Water and Sewer Hydraulic Modeling
02/16/23 Task List Backup
Senior Assistant Materials/Subs Mileage Extension Sub Totals Engineer Engineer $ 0.5
170 130 0.5
ACTIVITY
1. Project Management and Coordination
Kickoff Meeting, Prep 4 680 $680.00
Finalize Budget and Schedule 2 340 $1,020.00
Ongoing Meetings and Site Visits 8 1360 $2,380.00
2. Data Collection and Review (Water System)
Import digital mapping into model 4 4 1200 $1,200.00
Assign attributes to entities 4 16 2760 $3,960.00
Review meter, hydrant, plant flow records 4 680 $4,640.00 Develop customer demand factors 8 1360 $6,000.00
Assign system demands to model 8 16 3440 $9,440.00
Run and calibrate model 4 16 2760 $12,200.00
Data Collection and Review (Sewer System)
Import digital mapping into model 4 4 1200 $1,200.00
Assign attributes to entities 8 24 4480 $5,680.00
Review plant flow records 4 680 $6,360.00
Develop customer flow generation factors 8 1360 $7,720.00 Assign system flows to model 8 16 3440 $11,160.00
Run and calibrate model 4 16 2760 $13,920.00
3. Capacity Evaluation (Water System)
Model multiple scenarios 6 24 4140 $4,140.00
Fire Flow analysis 2 12 1900 $6,040.00
Model future development 4 8 1720 $7,760.00
Generate pipeline and node reports 2 12 1900 $9,660.00
Identify deficiencies and replacement sizing 4 12 2240 $11,900.00 Capacity Evaluation (Sewer System)
Model multiple scenarios 8 24 4480 $4,480.00
Develop, implement I/I peaking factors 2 8 1380 $5,860.00 Model future development 4 16 2760 $8,620.00
Generate pipeline and manhole reports 2 8 1380 $10,000.00 Identify deficiencies and replacement sizing 4 12 2240 $12,240.00
4. Technical Memorandum
Background, assumptions, design criteria 8 1360 $1,360.00 Model results, current and future deficiencies 8 4 1880 $3,240.00 Recommended upgrades 8 4 1880 $5,120.00
Cost estimates, replacement schedule 0 $5,120.00
Report preparation, presentations 16 2720 $7,840.00
Subtotal = 0
160 256 0 0
Total = 27200 33280 0 0 $60,480
Sauers Engineering, Inc.
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: February 22, 2023 Agenda Item No. 11
Subject: Consideration of Award of Contract with Hansen Bros. Enterprises in an Amount Not-To-Exceed $208,405 for Paving Storm Repairs 2023; Authorize a Project Contingency of 10%, Not-To-Exceed $20,000; and Authorize the City
Manager to Execute any Contracts or Related Documents.
From: Bryan McAlister, City Engineer
Date: February 16, 2023
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Award the contract, authorize the contingency, and authorize the City Manager to execute related documents.
ISSUE STATEMENT AND DISCUSSION:
The City of Nevada City issued a proclamation of disaster on December 30th, 2021 as winter storms lashed the City with record snow that knocked out power, shut down major roads and freeways, and caused debris, among other hazards. The Governor issued a proclamation of a State of Emergency in 20 California counties including the County of Nevada on December 30th, 2021. On January 7, 2022 the City filed a Request for Public Assistance (RPA) with CA State Governors Office of Emergency Services (Cal OES) with a list of projects. Nevada City staff, volunteers and local contractors responded to this disaster as a community effort which involved clearing and removal of snow and debris, hazardous tree removal, opening roadways and walks for functional use and repair of utility lines.
The City Engineer and Public Works staff have identified areas where roadway rehabilitation is needed for storm repairs related to the disaster declaration. This involves digouts, grinding, repaving and overlay to rehabilitate pavement that was damaged as a result of falling trees and use of equipment and trucks for debris removal. Damages include Nevada Street, Willow Valley Road, Washington Street, Upper Park Ave, Nile Street, Boulder Street, Sacramento Street and Cement Hill Road as shown on exhibits attached to the contract.
As a part of this bid, the intersection of Hoffman Street / Nevada Street and a portion of Willow Valley Road 11,500sf (160tn) was added to the storm repairs bid quantity to rehabilitate adjacent pavement that is in need of repairs. This portion of the repairs will be funded using City Measure M funds.
City staff procured bids for Paving Storm Repairs 2023 as advertised. Three bids were received, as follows:
• Central Valley Engineering & Asphalt, Roseville, CA $220,760 • Hansen Bros Enterprises, Grass Valley, CA $237,640
• Simpson & Simpson, Newcastle, CA $220,760
Hansen Bros. Enterprises was selected as the lowest responsive and responsible bidder.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The disaster response is funded by State cost-share under the California Disaster Assistance Act (CDAA) of 75% and a local share of 25% by the City of Nevada City Measure M local tax funds. Pavement rehabilitation of Willow Valley Road and Nevada Street/ Hoffman intersection will be funded by City of Nevada City Measure M local tax funds.
STRATEGIC PLAN ALIGNMENT:
This action, engineering analysis, is consistent with the embedded strategic initiative of Infrastructure:
Parking, Roads, Right-of-Way, and other public and contracted infrastructure. This action is also 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:
Contract for Paving Storm Repairs 2023
PAVING
STORM REPAIRS 2023
City of Nevada City, 95959
Nevada County, California
______________________________ ______________________________ Bryan K. McAlister William J. Falconi
PE C58570 PE 25842
PLS 9199 PLS 4911
NOTICE TO CONTRACTOR'S
Paving Storm Repairs 2023
Sealed proposals for Paving Storm Repairs 2023 will be received by the City at City Hall, 317 Broad Street, Nevada City, California, 95959, until 3:00 PM on February 16, 2023, at which time, or as soon thereafter as practicable, all such proposals will be publicly opened and read at City Hall, 317 Broad St, Nevada City, California.
Bids shall be enclosed and sealed in an envelope addressed to the City of Nevada City at the above stated address and shall be marked “Paving Storm Repairs 2023 ".
The work includes the furnishing of all labor, materials, and equipment required for the job in accordance with the plans, specifications and other contract documents as set forth by the City Engineer. Such bid documents will be on file with the City staff and are available for inspection during office hours. There is no pre-bid meeting for this project. Please call Bill Falconi (916) 765-1010 or Bryan McAlister (530) 559-1326 if you have questions or want to meet onsite.
******************************************************************************************** The City reserves the right to reject all bids; or to accept any portion of bid schedule; to reject any bid which is incomplete or irregular; to determine which proposal is, in its judgment, the lowest responsible bid of a responsible bidder and to waive any informality or minor irregularity of any bid.
DATED: February 3, 2023 CITY OF NEVADA CITY
Bryan McAlister, PE, PLS
City Engineer
ADDENDUM NO. 1 CITY OF NEVADA CITY
This addendum is for the following project:
PAVING STORM REPAIRS 2023
Bid Documents are revised as follows.
Bid Schedule is Revised and Replaced:
Bid Quantities were increased for Nevada Street, Sacramento Street and Cement Hill Road.
Please be sure to use the Addendum #1 Bid Schedule when turning in your bid.
Drawings were revised as follows:
Drawings revised to reflect the increase in quantities of paving for Nevada Street, Sacramento Street and Cement Hill Road
There is no change to the Bid Date
DATED: February 8, 2023 CITY OF NEVADA CITY
Bryan McAlister, P.E.
City Engineer
AGREEMENT
THIS AGREEMENT is made this _______________ day of ______________________, between the CITY OF NEVADA CITY, a municipal corporation, hereinafter called "City," and ___________________________________________, hereinafter called "Contractor." WHEREAS, City has caused to be prepared certain plans, specifications and other contract documents pertaining to the Paving Storm Repairs 2023 in said City: and WHEREAS, after notice duly given, City has awarded the contract for such work to Contractor; NOW, THEREFORE, IT IS AGREED by and between said parties as follows:
1. Scope of Work. The contractor agrees to furnish all labor, materials, tools and equipment, required to complete the improvements in Nevada City, California, in accordance with the plans, specifications and other contract representation made in mandatory meetings. All such work shall be performed in a good and workmanlike manner and to the satisfaction of the designer of said project.
2. Contract Price. As consideration for all such work, City agrees to pay to Contractor the total sum of _____________________________________________ ($________________) Dollars, payable in the manner hereinafter set forth.
3. Contract Documents. The complete contract between the parties hereto consists of the Notice to Contractors, the Information to Bidders, the Bid Proposal, the General Conditions, the Plans and Specifications, and all other drawings and printed or written explanatory matter pertaining thereto. All of the foregoing documents are intended to cooperate, so that any work or requirement specified in any of them is to be carried out or observed the same as if mentioned in all.
4. Time for Performance. Within five (5) days after the execution of this Agreement, City shall give Contractor written Notice to Proceed, and thereafter Contractor shall commence the work and shall prosecute the same with due diligence until completion and acceptance by City; provided, however, that all such work shall be completed and ready for use within thirty (30) working days after Contractor receives said Notice to Proceed.
5. Extension of Time. If, because of adverse weather conditions, strikes, inability of the Contractor (through no fault on his/her part) to obtain necessary materials, or other cause beyond the reasonable control of Contractor, Contractor is unable to complete the required work within the allowed time, he shall be entitled to an extension or extensions of such time, commensurate with the unavoidable delay thus caused; provided, however that Contractor shall apply to City for approval of any such extension prior to the expiration of the time for performance as specified in the preceding paragraph.
6. Contractor's Failure to Complete Work. If Contractor fails to prosecute the work with such diligence as will insure its completion within the time hereinabove specified, or any extension thereof, or fails to complete such work within such time, or if Contractor shall otherwise violate this Agreement, City may give written notice to Contractor and his sureties of City's intention to terminate this Agreement unless, within five (5) days after services of such notice, satisfactory arrangements are made with the City for the completion of such work or the curing of such breach; and if such arrangements are not made within such time, City may, at its option, terminate this Agreement by giving written notice of such termination to Contractor and his sureties.
7. Payments to Contractor. On or before the tenth day of each month during the progress of the work, Contractor shall submit to the City Engineer an itemized statement of all labor and materials incorporated into the improvement during the preceding month and the portion of the contract price applicable thereto. City shall pay to Contractor a sum equal to ninety (90%) percent of the contract price apportionment for approved progress payments.
The remaining ten (10%) percent shall be paid to Contractor thirty-five (35) days after final acceptance of the work by City.
8. Indemnification. Contractor agrees to hold City, and its officers, agents, and employees harmless from any and all liability and claims for damages for death and personal injury, and for property damage, incident to or arising out of the operations of Contractor or any subcontractor under this Agreement, and Contractor further agrees to defend City, and its officers, agents, and employees in any and all lawsuits which may be brought for such damages caused, or alleged to have been caused, by such operations. In addition, Contractor agrees to furnish to the City evidences of insurance coverage. The approval of such insurance by City shall not constitute a waiver or limitation of any rights under this indemnity agreement, regardless of whether such insurance shall be held to be inapplicable to any such damage or claims therefore.
Executed in duplicate this day of , .
ATTEST: CITY OF NEVADA CITY
By:
(Mayor)
(Contractor)
By:
(Authorized Officer)
GENERAL CONDITIONS
1. Inspection of Construction
The Engineer shall have access to the work and the site of the work at all times and the Contractor shall afford such access to the Engineer and shall furnish all relevant information requested by him. At the request of the Engineer the Contractor shall open for inspection any part of the work which has been covered up, and if any part of the work has been covered up in contravention of the instructions of the Engineer, or if on being opened up, is found not to be in accordance with the terms of the contract, the expense of opening and recovering shall be charged to the Contractor. If the work has been covered up but not in contravention of such instructions and is found to be in accordance with the terms of the contract, the actual cost of opening and recovering shall be borne by the City, and in such case, if the work of opening and recovering is done by the Contractor, it shall be considered as extra work and paid for accordingly.
2. Change Orders
If for any reason it becomes necessary or desirable to change the alignment, dimensions, or design of the work, the City shall have the right to issue written change orders therefore. If the Contractor considers that any such change involves extra work, he shall immediately so notify the Engineer in writing, and shall make claim for compensation for such work not later than the first day of the month following the month in which the work was performed. If, in the opinion of the Engineer, any change order results in a change in the amount of work performed, the contract price shall be adjusted for extra work or omitted work, as the case may be.
3. Contractor’s Employees and Subcontractors
The Contractor shall at all times be responsible for the adequacy and efficiency of his employees and any subcontractor and the latter’s employees. All workers shall have adequate skill and experience to perform properly the work assigned to them.
4. Errors and Omissions
If the Contractor in the course of the work becomes aware of any error or omission in the contract documents, or of any discrepancy between such documents and the physical conditions of the work site, he shall immediately inform the Engineer, who shall take such action as he may deem necessary in order to rectify the matter. Any work done after such discovery and without the authorization of the Engineer will be at the Contractor’s risk.
5. Guaranty of Work
For a period of one (1) year after final acceptance of the work by the City, the Contractor shall make all Improvements and replacements arising out of any defective workmanship or materials. If the Contractor fails to make such repairs or replacements within ten (10) days after receiving written notice to do so, or within such further time as may be allowed by the City, the City may undertake such repairs or replacements, in which case the Contractor shall be liable to the City for the cost thereof.
6. Contractor’s Responsibility for Work
The Contractor shall be responsible for the proper care and protection of the work, and of all materials delivered to the work site, until completion of the work and its final acceptance by the City.
7. Performance Bond
No Performance bond shall be required for this project.
8. Payment Bond
A payment (labor and materials) bond is required for public works contracts involving an expenditure in excess of twenty-five thousand dollars ($25,000). If the contract is in excess of this amount the contractor shall provide a payment bond to the City of Nevada City before commencement of work. Cost for the bond shall be included in the contractor bid proposal and no additional compensation will be provided.
A payment bond shall be in an amount not less than 100 percent of the total amount payable pursuant to the contract. The bond shall be in the form of a bond and not a deposit in lieu of a bond. The bond shall be executed by an admitted surety insurer.
9. Workmen’s Compensation Insurance
The Contractor shall carry workmen’s compensation insurance for all employees working on or about the site of the work, and if any work is subcontracted, the Contractor shall require each subcontractor to carry such insurance for all of the latter’s employees, unless they are covered by the Contractor’s insurance.
10. Insurance Requirements
CONTRACTOR shall purchase and maintain insurance in amounts of coverage not less than the following amounts:
General Liability: $1,000,000 per occurrence for bodily injury, (Including operations, personal injury and property damage. If products and completed Commercial General Liability Insurance or operations) other form with a general aggregate limit is used either the general aggregate limit shall
apply separately to this project/location or
the general aggregate limit shall be twice
the required occurrence limit.
Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
The Contractor shall deliver to the City, concurrently with the execution of the contract, certificates evidencing all insurance required by the contract, and each such certificate shall include a provision to the effect that the policy or policies cannot be canceled or materially modified unless the insurer gives the City at least fifteen (15) days written notice thereof prior to such cancellation or modification.
11. Prevailing Wages
Contractor shall pay each laborer, workman or mechanic in accordance with State and Federal Prevailing Wage Rates and the California Labor Code. These wage rates are hereby made a part of this contract:
State General Prevailing Wage Determinations in effect on date advertised General prevailing wage determination
Journeyman and Apprentice Prevailing Wage Rates can be accessed at the following websites:
http://www.dir.ca.gov/OPRL/2017-2/PWD/index.htm and
http://www.dir.ca.gov/das/publicworks.html
Reference: Labor Code http://www.labor.ca.gov/laborlawreg.htm Electronic Certified Payroll Records
All contractors must furnish electronic certified payroll records to the Labor Commissioner using the online eCPR data system
No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
The contractor shall post job site notices prescribed by regulation. (See 8 Calif. Code Reg. §16451(d) Project Specifications
PROJECT LIMITS
Project is located on Various Streets in Nevada City, Nevada City, CA. Project limits are as shown on the improvement plans.
PROJECT DESCRIPTION
The project consists of pavement improvements including preparation of area to be paved, repair and reshape areas to improve drainage, and pavement adjacent to new or existing asphalt or concrete.
CONSTRUCTION NOTES
All improvements shall be constructed in accordance with the plans and details for the project and the latest edition of Caltrans Standard Plans and Standard Specifications.
Bid items shall include all mobilization, demolition, clearing, removal and disposal of demolition debris or excess materials, earthwork, compaction, and all other incidental work as shown on the plans that is not included in other bid items. Stumps and roots shall be removed to a minimum depth of 2’ below the grading plane. Clean dirt or asphalt grindings only may be disposed of on old City airport property and all other materials should be disposed of at the contractor’s cost. Any incidental fill shall be constructed to 90% relative compaction excepting the upper 6” shall be constructed to 95% relative compaction. All excavation areas shall be scarified to 6” below subgrade and replaced at 95% relative compaction. Compaction testing, where determined to be necessary by City staff, will be provided by the City in accordance with Caltrans Standard Specifications.
Contractor shall provide written notice to Public Works Supt or City Engineer no fewer than two days in advance of any disruption of service including water, sewer, sidewalk or road access. The City will provide all notifications to the public. The contractor shall coordinate and verify with City staff to ensure that property owners, business owners and residents have been provided sufficient notice of the disruption of service. The Contractor shall not disrupt service without written approval from City staff.
Any complaints or special requests from City residents, business owners or visitors shall immediately be directed to City staff so that City staff can respond appropriately and in a timely manner. The Contractor shall not make concessions or agreements or attempt to resolve conflicts with residents, property owners or business owners but shall refer all such items to the City Engineer or Public Works Superintendent.
All time limits stated in the Contract Documents are of the essence of the Agreement. It is acknowledged that the Contractor’s failure to achieve substantial completion of the Work within the Contract Time provided by the Contract Documents will cause the City to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by the City of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such delay, the Contractor agrees that liquidated damages may be assessed and recovered by the City as against Contractor and its Surety, in the event of delayed completion and without the City being required to present any evidence of the amount or character of actual damages sustained by reason thereof; therefore Contractor shall be liable to the Owner for payment of liquidated damages in the amount of One Thousand Dollars ($1,000) for each day that Substantial Completion is delayed beyond the Contract Time as adjusted for time extensions provided by the Contract Documents.
Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and Contractor shall pay them to Owner without limiting Owner’s right to terminate this agreement for default as provided elsewhere herein.
All asphalt concrete used on the project, including on overlays, leveling courses and digouts shall be included in the bid items. The contract unit price paid for asphalt concrete shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing all the work involved in the paving operations including raising all existing manhole frames, valve boxes, and monument boxes to finished grade of the new surfacing. Contractor shall provide a 4’ edge grind along all existing curb edges and where joining existing asphalt. Grindings may be reused and compacted onsite as base material. The Contractor shall coordinate with the City Engineer or City Inspector to verify suitability of subgrade prior to paving. Asphalt tickets shall be provided to the City at end of each work day.
Construction activity requiring lane closures shall conform to the following restrictions: The travel way may be reduced to one 11 foot lane of traffic with two way stop control. The Contractor shall provide access to parking lots, driveways, residences and businesses at all times unless otherwise approved by the City Engineer. Pedestrian and bicycle access shall be provided through construction areas within the right of way, unless otherwise approved by the City Engineer. Upon request, a full road closure with detours may be implemented with signage provided by the Contractor and as approved by the City Engineer.
TRAFFIC CONTOL
At all times when work is not being performed, streets and driveways shall be safe for through traffic and pedestrians.
Lane closure shall comply with the Manual on Uniform Traffic Control Devices (CA MUTCD) current edition. Notify Public Works Supt or City Engineer no fewer than two days in advance of proposed lane closure or driveway closure.
The contractor shall coordinate and verify with City staff that homeowners have been provided sufficient notice of any disruption of service including water, sewer or road access.
The Contractor shall provide and install traffic control signage and barricades as required for pedestrian and vehicular safety. Construction activity requiring lane closures shall conform to the following restrictions: The travel way may be reduced to one 11 foot lane of traffic with two way stop control (flaggers) provided. Upon written request by the Contractor and as approved by the City Engineer, a full road closure with detours may be implemented on minor streets (not arterial or collector) provided that there is provision for vehicles to access private parking areas and businesses. At the end of each work shift, all traffic lanes shall be open for safe pubic use of the roadway. The Contractor shall provide access to parking, driveways, residences at all times for ingress/egress, trash collection and mail delivery unless otherwise approved by the City Engineer. Contractor shall coordinate with residents for their access needs during all road closures and shall refer any complaints or special concerns to the City.
MATERIAL NOTES
Aggregate Base shall be Class 2, 3/4" maximum grading, conforming to standard specs. Section 26, placed at 95% Relative Compaction.
Asphalt material shall be Type A or B 1/2-inch maximum medium gradation and shall conform to the provisions in Sections39. “Asphalt Concrete,” of the Standard Specifications and these Special Provisions. Asphalt cement shall be grade PG 64-16 conforming to the requirements of Section 92 of the Standard Specifications. Asphalt paving to include “T-Section” edge grind/overlay of 8”-12” width and 1” depth (beyond sawcut line) where adjoining existing asphalt.
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: February 22, 2023 Agenda Item No. 12
Subject: Consideration of Resolution No. 2023-010: A
Resolution of the City Council of the City of Nevada City, California, Opposing Initiative 21-0042A1 Restricting Voter’s Input and Local Taxing Authority
From: Sean Grayson, City Manager
Date: February 17, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Adopt the resolution.
ISSUE STATEMENT AND DISCUSSION:
On February 10, 2023, the League of California Cities requested that member cities, including the City of Nevada City, consider adopting a resolution opposing initiative 21-0042A1 which restricts voter’s input and local taxing authority. The content of this staff report within the “Issue Statement and Discussion” and “Finance and/or Policy Implications” sections were generated by CalCities and Nevada City information was added by staff.
On Jan. 4, 2022, the California Business Roundtable filed the “Taxpayer Protection and Government Accountability Act” or AG# 21-0042A1. On Feb. 1, 2023, the measure qualified for the November 2024 ballot. The League of California Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly opposes this initiative.
Local government revenue-raising authority is currently substantially restricted by state statute and constitutional provisions, including the voter approved provisions of Proposition 13 of 1978, Proposition 218 of 1996, and Proposition 26 of 2010. The Taxpayer Protection and Government Accountability Act adds and expands restrictions on voters and local government tax and fee authority.
Fees and Taxes
Local governments levy a variety of fees and other charges to provide core public services.
Major examples of affected fees and charges are:
• Nuisance abatement charges, such as for weed, rubbish, and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs. • Commercial franchise fees.
• Emergency response fees, such as in connection with DUI. • Advanced Life Support (ALS) transport charges.
• Document processing and duplication fees.
• Transit fees, tolls, parking fees, and public airport and harbor use fees. • Facility use charges, fees for parks and recreation services, garbage disposal tipping fees.
Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies, including council-adopted increases to simply accommodate inflation, Cal Cities estimates the amount of local government fee and charge revenue at risk is approximately $2 billion per year including those adopted since Jan. 1, 2022. Over ten years, $20 billion of local government fee and charge revenues will be at heightened legal peril.
Hundreds of local tax measures were approved in 20221 that likely do not comply with the provisions of the initiative. Nearly $2 billion of annual revenues from these voter-approved measures will cease a year after the effective date of the measure, reducing the local public services funded by these measures, unless the tax is re-submitted for voter approval.
Reductions on local government tax revenues have impacts on core services and infrastructure including fire and emergency response, law enforcement, streets and roads, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention, and mental health services.
Fines and Penalties
Under existing law, cities are required to provide due process before imposing a penalty or fine for violation of its municipal code:
1. A local agency must adopt administrative procedures that govern imposing fines and penalties, including providing a reasonable period of time for a person responsible for a continuing violation to correct or remedy the violation [Gov't Code 53069.4].
2. Notice must be given to the violating party before imposing the penalty; and give the party an opportunity to be heard and present any facts or arguments [Merco Construction Engineers v. Los Angeles Unified School District (1969) 274 CA 2d 154, 166].
3. The fine may not be "excessive" [U.S. Constitution amendments VIII and XIV].
The initiative converts administratively-imposed fines and penalties into taxes unless a new, undefined, and ambiguous “adjudicatory due process” is followed. This provision may put at risk authority to impose fines and penalties for violations of state and local law.
Initiative 21-0042A1, also known as the Taxpayer Protection and Government Accountability Act (Act), would amend the California Constitution with provisions that limit voters’ authority and input, adopt new and stricter rules for raising taxes and fees, and may make it more difficult to impose fines and penalties for violation of state and local laws. The measure puts billions of local government tax and fee revenues at risk statewide with related core public service impacts. The measure would have significant negative impacts on City of Nevada City operations and core service delivery.
The proposed constitutional initiative is sponsored by the California Business Roundtable and the most recent amendment to the ballot initiative is attached.
1 http://www.californiacityfinance.com/Votes2211final.pdf Major Provisions
Fees and Charges2
:
• Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence.
• Requires fees and charges paid for the use of local and state government property and the amount paid to purchase or rent government property to be “reasonable.” These fees and charges are currently allowed to be market-based. Whether the amount is “reasonable” (introducing a new legal standard aiming to force below market fee and charge amounts) must be proved by “clear and convincing evidence.”3 The standard may significantly reduce the amount large companies (e.g., oil, utilities, gas, railroads, garbage/refuse, cable, and other corporations) will pay for the use of local public property.
• Prohibits fees on new development based on vehicle miles traveled.
Taxes4
:
• Taxes and fees adopted after Jan. 1, 2022, that do not comply with the new rules, are void unless reenacted5
.
• Invalidates Upland decision that allows a majority of local voters to pass special taxes. The measure specifies that taxes proposed by the initiative are subject to the same rules as taxes placed on the ballot by a city council.
• Expressly prohibits local advisory measures which allow local voters to express a preference for how local general tax dollars should be spent.6
• Requires voter approval to expand existing taxes (e.g., Utility, Transient Occupancy) to new territory (e.g., annexations) or to expand the tax base (e.g., new utility service) • New taxes can only be imposed for a specific time period. • City charters may not be amended to include a tax or fee. • All state taxes require majority voter approval.
Fines and Penalties7
:
• May require voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The Taxpayer Protection and Government Accountability Act will take billions of dollars away from local government services statewide. There is no cost associated with adoption of the resolution. 2 Initiative No. 21-0042A1 (pgs.4-6; Section 1 (a)-(j) 3 Initiative No. 21-0042A1 (pg.5; (3)) 4 Initiative No. 21-0042A1 (pgs.4-6; Section 1 (a)-(j) 5 Initiative No. 21-0042A1 (pg.7; Section 6 (Sec. 2)(g) 6 Initiative No. 21-0042A1 (pg.6 (3)) 7 Initiative No. 21-0042A1 (pg. 5 (4)) STRATEGIC PLAN ALIGNMENT:
This action is aligned with the City’s adopted Legislative Position of Continuity: Continuity of City Government through Preservation of Local Control; Promotion of Fiscal Sustainability; and Support for Diverse Funding Opportunities for Services. Specifically, this action addresses the local revenue position, “Oppose efforts to decrease, restrict, eliminate, or otherwise alter local autonomy of revenues” from the City’s 2023 Legislative Platform. This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
None
ATTACHMENTS:
Resolution 2023-10
Initiative 21-0042A1
RESOLUTION 2023-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY, CALIFORNIA, OPPOSING INITIATIVE 21-0042A1 RESTRICTING VOTER’S INPUT
AND LOCAL TAXING AUTHORITY
WHEREAS, an association representing California’s wealthiest corporations and developers is spending millions to push a deceptive proposition aimed for the November 2024 statewide ballot; and
WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure and our environment; and
WHEREAS, the measure may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure puts billions of dollars currently dedicated to local services at risk and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and
THEREFORE, BE IT RESOLVED that the City Council of the City of Nevada City opposes Initiative 21-0042A1;
BE IT FURTHER RESOLVED, that the City Council of the City of Nevada City will join the No on Initiative 21-0042A1 coalition, a growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state.
We direct staff to email a copy of this adopted resolution to the League of California Cities at [email protected].
PASSED AND ADOPTED at a regularly scheduled meeting of the Nevada City City Council on the 22nd day of February 2023 by the following vote.
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
Doug Fleming, Mayor
ATTEST:
_____________________________
Niel Locke, City Clerk
BELL, McANDREWS & HILTACHK, LLP
Anabel Renteria
Initiative Coordinator
ATTORNEYS AND COUNSEL-ORS AT I.AW
455 C APITO L MALL, S UITE 600
SACRAMENTO, CALIFOE=INIA 95014
(916) 44;a-7757
FAX [916) 44-;a-77 59
www.bmhlaw.com
January 4, 2022
2 1 - 0 0 4 2
RECEIVED
JAN O 4 2022
Office of the Attorney General
State of California
INITIATIVE COORDINATOR
ATTORNEY GENERAL'S OFFICE
PO Box 994255
Sacramento, CA 94244-25550
Re: Initiative 21-0042 - Amendment Number One
Dear Initiative Coordinator:
Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find Amendment #1 to Initiative No. 21-0042 "The Taxpayer Protection and Government Accountability Act." The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed.
I am the proponent of the measure and request that the Attorney General prepare a circulating title and summary of the measure as provided by law, using the amended language.
Thank you for your time and attention processing my request.
Sincerely,
Thomas W.
~ Hiltachk
2 1 - 0 0 4 2 Arndt. # /
The Taxpayer Protection and Government Accountability Act [Deleted codified text is denoted in strikeout. Added codified text is denoted by italics and underline.] Section 1. Title
This Act shall be known, and may be cited as, the Taxpayer Protection and Government Accountability Act.
Section 2. Findings and Declarations
(a) Californians are overtaxed. We pay the nation's highest state income tax, sales tax, and gasoline tax. According to the U.S. Census Bureau, California's combined state and local tax burden is the highest in the nation. Despite this, and despite two consecutive years of obscene revenue surpluses, state politicians in 2021 alone introduced legislation to raise more than $234 billion in new and higher taxes and fees.
(b) Taxes are only part of the reason for California's rising cost-of-living crisis. Californians pay billions more in hidden "fees" passed through to consumers in the price they pay for products, services, food, fuel, utilities and housing. Since 2010, government revenue from state and local "fees" has more than doubled.
(c) California's high cost of living not only contributes to the state's skyrocketing rates of poverty and homelessness, they are the pushing working families and job-providing businesses out of the state. The most recent Census showed that California's population dropped for the first time in history, costing us a seat in Congress. In the past four years, nearly 300 major corporations relocated to other states, not counting thousands more small businesses that were forced to move, sell or close. (d) California voters have tried repeatedly, at great expense, to assert control over whether and how taxes and fees are raised. We have enacted a series of measures to make taxes more predictable, to limit what passes as a "fee," to require voter approval, and to guarantee transparency and accountability. These measures include Proposition 13 (1978), Proposition 62 (1986), Proposition 218 (1996), and Proposition 26 (2010).
(e) Contrary to the voters' intent, these measures that were designed to control taxes, spending and accountability, have been weakened and hamstrung by the Legislature, government lawyers, and the courts, making it necessary to pass yet another initiative to close loopholes and reverse hostile court decisions.
Section 3. Statement of Purpose
(a) In enacting this measure, the voters reassert their right to a voice and a vote on new and higher taxes by requiring any new or higher tax to be put before voters for approval. Voters also intend that all fees and other charges are passed or rejected by the voters themselves or a governing body elected by voters and not unelected and unaccountable bureaucrats.
(b) Furthermore, the purpose and intent of the voters in enacting this measure is to increase transparency and accountability over higher taxes and charges by requiring any tax measure placed on the ballot1 either at the state or local level-to clearly state the type and rate of any tax, how long it will be in effect, and the use of the revenue generated by the tax.
(c) Furthermore, the purpose and intent of the voters in enacting this measure is to clarify that any new or increased form of state government revenue, by any name or manner of extraction paid directly or indirectly by Californians, shall be authorized only by a vote of the Legislature and signature of the Governor to ensure that the purposes for such charges are broadly supported and transparently debated. (d) Furthermore, the purpose and intent of the voters in enacting this measure is also to ensure that taxpayers have the right and ability to effectively balance new or increased taxes and other charges with the rapidly increasing costs Californians are already paying for housing, food, childcare, gasoline, energy, healthcare, education, and other basic costs of living, and to further protect the existing constitutional limit on property taxes and ensure that the revenue from such taxes remains local, without changing or superseding existing constitutional provisions contained in Section 1{c) of Article XIII A. (e) In enacting this measure, the voters also additionally intend to reverse loopholes in the legislative twothirds vote and voter approval requirements for government revenue increases created by the courts including, but not limited to, Cannabis Coalition v. City of Upland, Chamber of Commerce v. Air Resources Board, Schmeer v. Los Angeles County, Johnson v. County of Mendocino, Citizens Assn. of Sunset Beach v.
Orange County Local Agency Formation Commission, and Wilde v. City of Dunsmuir.
Section 4. Section 3 of Article XIII A of the California Constitution is amended to read:
Sec. 3(a} Every levy, charge. or exaction of any kind imposed by state law is either a tax or an exempt charge.
illlJ1l ~ Any change in state statute Jaw which results in any taxpayer paying a new or higher tax must be imposed by an act passed by not less than two-thirds of all members elected to each of the two houses of the Legislature, and submitted to the electorate and approved by a maiority vote, except that no new ad valorem taxes on real property, or sales or transaction taxes on the sales of real property, may be imposed. Each Act shall include:
(A) A specific duration of time that the tax will be imposed and an estimate of the annual amount expected to be derived from the tax.
(BJ A specific and legally binding and enforceable limitation on how the revenue from the tax can be spent.
If the revenue from the tax can be spent for unrestricted general revenue purposes. then a statement that the tax revenue can be spent for "unrestricted general revenue purposes" shall be included in a separate, stand-alone section. Any proposed change to the use of the revenue from the tax shall be adopted by a separate act that is passed by not less than two-thirds of all members elected to each of the two houses of the Legislature and submitted to the electorate and approved by a maiority vote. (2) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, including a measure proposed by an elector pursuant to Article II, include:
{A) The type and amount or rate of the tax;
(BJ The duration of the tax: and
2 (CJ The use of the revenue derived from the tax.
(c} Any change in state law which results in any taxpayer paying a new or higher exempt charge must be imposed by an act passed by each of the two houses of the Legislature. Each act shall specify the type of exempt charge as provided in subdivision (e ), and the amount or rate of the exempt charge to be imposed.
Ml._fbt As used in this section and in Section 9 of Article II, "tax" means every aA1f levy, charge, or exaction of any kind imposed by the State state law that is not an exempt charge. e1<eept the follo•Ning:
(e) As used in this section. "exempt charge" means only the following:
(1) a el:iarge imposes fer a s1=1eeifie eenefit eonferreEl or pri'+'ilege granteEl aireetly to tl:ie 13ayor tl:iat is not 1=1ro>viaeEl to tl:iose not et:iargeEI, anEI whiel:i aoes not e1<ceeEl tl:ie reasonal3Ie costs to tl:ie State of eonferring the benefit or granting the pri¥ilege to the 1=1a¥OF.
ill {-2+ A reasonable charge irnposeEl for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the rnasonable actual costs to the State of providing the service or product to the payor. f.11 ~ A charge in,poseEl for the reasonable regulatory costs to the State incident to issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. (3) A levy, charge. or exaction collected from local units of government. health care providers or health care service plans that is primarily used by the State of California for the purposes of increasing reimbursement rates or payments under the Medi-Cal program, and the revenues of which are primarily used to finance the non-federal portion of Medi-Cal medical assistance expenditures. (4) A reasonable charge iR'l13oseEl for entrance to or use of state property, or the purchase. rental, or lease of state property, except charges governed by Section 15 of Article XI. (5} A fine, or penalty, or other monetary el:large including any applicable interest for nonpayment thereot imposed by the judicial branch of government or the State, as a result of a state administrative enforcement agency pursuant to adiudicatorv due process, to punish a violation of law. (6} A levy, charge, assessment, or exaction collected for the promotion of California tourism pursuant to Chapter 1 (commencing with Section 13995) of Part 4.7 of Division 3 of Title 2 of the Government Code. flL~Any tax or exempt charge adopted after January 1, 2022 ~, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted B'l the begislatuFe anel signea into law ey tl:ie <iio¥ernoF in compliance with the requirements of this section. [gl[.JlJG:} The State bears the burden of proving by a preponEleranee oftl:le clear and convincing evidence that a levy, charge, or other exaction is an exempt charge and not a tax. The State bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. ,tR-a-t tl:ie amouRt is RO n,ore tl:ian neeessary to cover the reasonable costs of the go•.•emn,ental actii,•i:t>,• ane 3 that the manner in •Nhiel.:i these cests are allecated ts a pa·1er bear a fair er reasenable relatienshi13 ts the 13a·1or's b1:1relens on, or benefits reeei11eel from, the go•.ieFRmental actit.iit'( (2) The retention ofrevenue by, or the payment to. a non-governmental entity ofa levv. charge, or exaction of any kind imposed by state law, shall not be a factor in determining whether the levy. charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy, charge, or exaction of any kind as being voluntary, or paid in exchange for a benefit, privilege, allowance, authorization, or asset, shall not be a factor in determining whether the levy, charge, or exaction is a tax or an exempt charge. /4} The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge. (h) As used in this section:
(1) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor, and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes, other exempt charges, grants, and state or federal funds received to provide such service or product.
(2) "Extend" includes, but is not limited to, doing any of the following with respect to a tax or exempt charge: lengthening its duration. delaying or eliminating its expiration, expanding its application to a new territory or class ofpayor, or expanding the base to which its rate is applied. (3) "Impose" means adopt, enact, reenact, create, establish, collect, increase or extend. (4) "State law" includes, but is not limited to. any state statute, state regulation, state executive order. state resolution, state ruling, state opinion Jetter, or other legal authority or interpretation adopted, enacted. enforced, issued, or implemented by the legislative or executive branches of state government. "State law" does not include actions taken by the Regents of the University of California, Trustees of the California State University, or the Board of Governors of the California Community Colleges.
Section 5. Section 1 of Article XIII C of the California Constitution is amended, to read:
Sec. 1. Definitions. As used in this article:
{a) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor. and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes. other exempt charges, grants, and state or federal funds received to provide such service or product.
(b) "Extend" includes, but is not limited to. doing any of the following with respect to a tax. exempt charge, or Article XIII D assessment. fee, or charge: lengthening its duration, delaying or eliminating its expiration. expanding its application to a new territory or class of payor, or expanding the base to which its rate is applied.
4 .lfl..W 11General tax" means any tax imposed for general governmental purposes. (d} "Impose" means adopt, enact, reenact, create, establish, collect, increase, or extend. {clJb} "Local government" means any county, city, city and county, including a charter city or county, any special district, or any other local or regional governmental entity, or an elector pursuant to Article fl or the initiative power provided by a charter or statute.
(f) "Local law" includes. but is not limited to, any ordinance, resolution, regulation. ruling, opinion letter, or other legal authority or interpretation adopted, enacted, enforced, issued, or implemented by a local government.
{gl_{t} "Special district" means an agency of the State, formed pursuant to general law or a special act, for the local performance of governmental or proprietary functions with limited geographic boundaries including, but not limited to, school districts and redevelopment agencies. f11L{d} "Special tax" means any tax imposed for specific purposes, including a tax imposed for specific purposes, which is placed into a general fund.
111 i@} As used in this article, and in Section 9 of Article II, "tax" means every aRV-levy, charge, or exaction of any kind, imposed by a local go,;ernmeRt law that is not an exempt charge., exeept tl=le fellowiRg:
(i) As used in this section, "exempt charge" means only the following:
(1) A cl=large imposeel fer a speeifie beAefit eoAferreel or pri,;ilege graAteel eliFeetl')' to tl=le pa1,ior tl=lat is Rot pre1,•ieleel to these Rot ehargea, aA£l which £lees Rot exeeeel tl=le reaseAable costs to tl=le loeal gm,·ernFAeAt of conferriAg the beAefit or graAting tl:1e pri¥ilege.
ill R} A reasonable charge imposes for a specific local government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasoAable actual costs to the local government of providing the service or product. fl1 WA charge im13ose£l for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof.
W {4t A reasonable charge imposeel for entrance to or use of local government property, or the purchase, rental, or lease of local government property.
Ml. fSt A fine, or penalty, or other FAOA@tar,· eharge including any applicable interest for nonpayment thereat imposed by the judicial branch of government or a local government administrative enforcement agency pursuant to adiudicatorv due process, as a res1,1lt of to punish a violation of law. ill -f6t A charge imposed as a condition of property development. No levv, charge, or exaction regulating or related to vehicle miles traveled may be imposed as a condition of property development or occupancy. f.i1 f7t An AssessFAeRts a Rel property relate el fees assessment. fee. or charge imJ;1oseel iA aeeoraanee witl=l the pro¥isio A5 of subject to Article XI 11 D, or an assessment imposed upon a business in a tourism marketing district, a parking and business improvement area, or a property and business improvement district. 5 (7) A charge imposed for a specific health care service provided directly to the payor and that is not provided to those not charged. and which does not exceed the reasonable costs to the local government of providing the health care service. As used in this paragraph, a "health care service" means a service licensed or exempt from licensure by the state pursuant to Chapters 1. 1.3, or 2 of Division 2 of the Health and Safety Code.
The local government bears the b1:1rden of proving by a preponderance of the e .. ·ielence that a lew, charge, or other exaction is not a ta1<, that the amo1:1nt is no more than necessaPJ' to cover the reasonable costs of the go•,ernfflental acti•.«ity anel that tJ:ie manner in which those costs are allocateel to a pa•ror bear a fair or reasonable relationship to the pa•ror's blslrdens on, or bene:fits receiveel from, the go1a1ernmental acfa•ity.
Section 6. Section 2 of Article XIII C of the California Constitution is amended to read:
Sec. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution:
(a) Every levy. charge. or exaction of any kind imposed by local law is either a tax or an exempt charge. All taxes imposed by any local government shall be deemed to be either general taxes or special taxes. Special purpose districts or agencies, including school districts, shall have no power to levy general taxes. (b) No local Jaw go,.·ernment whether proposed by the governing body or by an elector, may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. A general tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body. (c) An•r general tax imposed, el<tended, or increaseel, •.-.iitho1:1t •.·oter approval, lay any local go,.·ernment on or after Janlslary 1, 1995, ana prior ta the effecti,.·e date of this article, shall contin1:1e to be imposed only if appro,.·ea b1• a majority vote of the voters voting in an election OR the issye of the in:iposition, whicl::i election sl::iall be l::ield witl::iin t•Ne 1•ears ef the effectii.ie date of this article and in com13liance with slslbdi\·isien (b}. {El) No local law government. whether proposed by the governing body or by an elector. may impose, eMteRd, er increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote. A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. {d) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, include:
(1) The type and amount or rate of the tax;
(2) the duration of the tax; and
(3) The use of the revenue derived from the tax. If the proposed tax is a general tax. the phrase "for general government use" shall be required, and no advisory measure may appear on the same ballot that would indicate that the revenue from the general tax will. could. or should be used for a specific purpose. (e) Only the governing body of a local government. other than an elector pursuant to Article II or the initiative power provided by a charter or statute. shall have the authority to impose any exempt charge.
The governing body shall impose an exempt charge by an ordinance specifying the type of exempt charge 6 as provided in Section l(i) and the amount or rate of the exempt charge to be imposed. and passed by the governing body. This subdivision shall not apply to charges specified in paragraph (7) of subdivision (i) of Section 1.
ff) No amendment to a Charter which provides for the imposition, extension, or increase of a tax or exempt charge shall be submitted to or approved by the electors. nor shall any such amendment to a Charter hereafter submitted to or approved by the electors become effective for any purpose. (q) Any tax or exempt charge adopted after January 1, 2022, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted in compliance with the requirements of this section.
{h)(1) The focal government bears the burden of proving by clear and convincing evidence that a levy, charge or exaction is an exempt charge and not a tax. The local government bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. (2} The retention of revenue by, or the payment to, a non-governmental entity of a levy. charge, or exaction of any kind imposed by a local law, shall not be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy. charge. or exaction of any kind imposed by a local law as being paid in exchange for a benefit. privilege, allowance, authorization, or asset, shall not be factors in determining whether the levy, charge, or exaction is a tax or an exempt charge. (4) The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.
Section 7. Section 3 of Article XIII D of the California Constitution is amended, to read:
Sec. 3. Property Taxes, Assessments, Fees and Charges Limited (a) No tax, assessment, fee, 6f charge, or surcharge, including a surcharge based on the value ofpropertv, shall be assessed 13y a Ry ageRC'f upon any parcel of property or upon any person as an incident of property ownership except:
(1) The ad valorem property tax impeseEI p1::1rsYaRt te described in Section 1(a) of Article XIII and Section 1/a) of Article XIII A, and described and enacted pursuant to the voter approval requirement in Section 1/b) Q[Article XII I A.
(2) Any special non-ad valorem tax receiving a two-thirds vote of qualified electors pursuant to Section 4 of Article XIII A, or after receiving a two-thirds vote of those authorized to vote in a community facilities district by the Legislature pursuant to statute as it existed on December 31, 2021. (3) Assessments as provided by this article.
(4) Fees or charges for property related services as provided by this article. 7 (b) For purposes of this article, fees for the provision of electrical or gas service shall not be deemed charges or fees imposed as an incident of property ownership.
Section 8. Sections 1 and 14 of Article XIII are amended to read:
Sec. 1 Unless otherwise provided by this Constitution or the laws of the United States:
(a) All property is taxable and shall be assessed at the same percentage of fair market value. When a value standard other than fair market value is prescribed by this Constitution or by statute authorized by this Constitution, the same percentage shall be applied to determine the assessed value. The value to which the percentage is applied, whether it be the fair market value or not, shall be known for property tax purposes as the full value.
(b) All property so assessed shall be taxed in proportion to its full value. (c) All proceeds from the taxation of property shall be apportioned according to law to the districts within the counties.
Sec. 14. All property taxed by state or local government shall be assessed in the county, city, and district in which it is situated. Notwithstanding any other provision of/aw, such state or local property taxes shall be apportioned according to law to the districts within the counties.
Section 9. General Provisions
A. This Act shall be liberally construed in order to effectuate its purposes.
B. (1) In the event that this initiative measure and another initiative measure or measures relating to state or local requirements for the imposition, adoption, creation, or establishment of taxes, charges, and other revenue measures shall appear on the same statewide election ballot, the other initiative measure or measures shall be deemed to be in conflict with this measure. In the event that this initiative measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions ofthe other initiative measure or measures shall be null and void. (2) In furtherance of this provision, the voters hereby declare that this measure conflicts with the provisions of the "Housing Affordability and Tax Cut Act of 2022" and "The Tax Cut and Housing Affordability Act," both of which would impose a new state property tax (called a "surcharge") on certain real property, and where the revenue derived from the tax is provided to the State, rather than retained in the county in which the property is situated and for the use of the county and cities and districts within the county, in direct violation of the provisions of this initiative. (3) If this initiative measure is approved by the voters, but superseded in whole or in part by any other conflicting initiative measure approved by the voters at the same election, and such conflicting initiative is later held invalid, this measure shall be self-executing and given full force and effect.
C. The provisions of this Act are severable. If any portion, section, subdivision, paragraph, clause, sentence, phrase, word, or application of this Act is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Act. The People of the State of California hereby declare that they would have adopted this Act and each and every portion, section, subdivision, paragraph, clause, sentence, phrase, word, and application not 8 declared invalid or unconstitutional without regard to whether any portion of this Act or application thereof would be subsequently declared invalid.
D. If this Act is approved by the voters of the State of California and thereafter subjected to a legal challenge alleging a violation of state or federal law, and both the Governor and Attorney General refuse to defend this Act, then the following actions shall be taken:
(1) Notwithstanding anything to the contrary contained in Chapter 6 of Part 2 of Division 3 ofTitle 2 of the Government Code or any other law, the Attorney General shall appoint independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (2) Before appointing or thereafter substituting independent counsel, the Attorney General shall exercise due diligence in determining the qualifications of independent counsel and shall obtain written affirmation from independent counsel that independent counsel will faithfully and vigorously defend this Act. The written affirmation shall be made publicly available upon request. (3) A continuous appropriation is hereby made from the General Fund to the Controller, without regard to fiscal years, in an amount necessary to cover the costs of retaining independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (4) Nothing in this section shall prohibit the proponents of this Act, or a bona fide taxpayers association, from intervening to defend this Act.
9 CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: February 22, 2023 Agenda Item No. 13
Subject: Consideration of Adoption of Resolution No. 2023- 08: Resolution of the City Council of the City of Nevada City, California Authorizing State of California Cannabis Equity Act Grant Funding
From: Sean Grayson, City Manager
Date: February 17, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Adopt the resolution.
ISSUE STATEMENT AND DISCUSSION:
On December 12, 2022, staff submitted an application for the California Governor’s Office of Business and Economic Development (Go-Biz) Cannabis Equity Grant program for Type 1 grant funding to conduct an equity analysis and develop an equity program in Nevada City in the amount of $48,729.86. The City as notified on January 31, 2023, that the state intends to award the application amount to Nevada City. Several additional steps are required by the City over the coming weeks and a requirement of award is that the City Council must adopt a resolution with content as specified by the state. Attached is the resolution as required.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Any grant proceeds would be allocated to the proposed project upon receipt. There is no match for this grant application.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the strategic initiative of Business: Business, Industry, and Cannabis Support.
Specifically, the action addresses business initiative goal #8, “Actively pursue grants including Economic Development partnership opportunities and the Cannabis Equity Grant Program.” ENVIRONMENTAL CONSIDERATIONS:
None
ATTACHMENTS:
Resolution No. 2023-08
RESOLUTION 2023-08
RESOLUTION OF CITY COUNCIL OF THE CITY OF NEVADA CITY, CALIFORNIA,
AUTHORIZING STATE OF CALIFORNIA CANNABIS EQUITY ACT GRANT FUNDING The City Council of the City of Nevada City finds:
WHEREAS, the members of the California Legislature have recognized the need for cannabis equity grant funding;
WHEREAS, funding has been provided to the Governor’s Office of Business and Economic Development to provide grant funds to local governments; WHEREAS, the City Council of the City of Nevada City: supports the development of a local equity program for commercial cannabis activity.
WHEREAS, the City Council of the City of Nevada City has determined that it will use grant funds from the Governor’s Office of Business and Economic Development to: conduct a cannabis equity assessment and/or assist the development of a local equity program as described in its application for grant funds.
NOW, THEREFORE, BE IT RESOLVED that the City Manager of the City of Nevada City is authorized to execute by electronic signature on behalf of the City Council of the City of Nevada City the grant agreement with the Governor’s Office of Business and Economic Development, including any extensions or amendments thereof and any subsequent grant agreement with the Governor’s Office of Business and Economic Development in relation thereto.
IT IS AGREED that any liability arising out of the performance of this grant agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The Governor’s Office of Business and Economic Development and the State of California disclaim responsibility for any such liability.
I hereby certify that the foregoing is a true copy of the resolution adopted by the City Council of the City of Nevada City in a meeting thereof held on February 22, 2023 by the following:
Vote:
Ayes:
Nays:
Absent:
Signature: ____________________________________ Date: ___________ Typed Name and Title: Doug Fleming, Mayor
ATTEST
Signature: ____________________________________ Date: ___________ Typed Name and Title: Gabrielle Christakes, Deputy City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: February 22, 2023 Agenda Item No. 14
Subject: Record Resolution No. 2023-06: A Resolution of the City Council of the City of Nevada City, California, Honoring the Victims of the Tragedies in Monterey Park, California and Half Moon Bay, California; and Decrying the Acts of Violence From: Sean Grayson, City Manager
Date: February 17, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Receive and file.
ISSUE STATEMENT AND DISCUSSION:
At the January 25, 2023, meeting the City Council added the adoption of Resolution 2023-06 as a subsequent need item to the agenda by unanimous (4 votes in favor with 4 members present). The City Council adopted the resolution at the same meeting. As the resolution was not agendized it does not appear in the agenda packet as posted on January 19, 2023 for the meeting. As a means of transparency and for ease of access to the adopted resolution, this action receives and files the already adopted resolution and makes it part of the public record.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None.
STRATEGIC PLAN ALIGNMENT:
This action is aligned with the City’s adopted value statement of, “Support for and commitment to a safe, just, equitable, diverse and inclusive Nevada City.” This action is also consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
None
ATTACHMENTS:
Resolution 2023-06
RESOLUTION 2023-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY,
CALIFORNIA, HONORING THE VICTIMS OF THE TRAGEDIES IN MONTEREY PARK, CALIFORNIA AND HALF MOON BAY, CALIFORNIA; AND DECRYING THE
ACTS VIOLENCE
WHEREAS, a senseless act of violence was perpetrated on January 21, 2023, in Monterey Park, California killing at least eleven people and injuring many more at what was otherwise a joyous celebration; and
WHEREAS, a second senseless act of violence was perpetrated on January 23, 2023, in Half Moon Bay, California killing at least seven and injuring many more; and WHEREAS, the violence in both incidents was targeted at minority community members including the Asian American and Pacific Islander (AAPI) community and the Hispanic/Latinx community; and
WHEREAS, the AAPI and Hispanic/Latinx communities are among many that have experience racism and race-based violence in California and throughout our nation; and WHEREAS, on June 27, 2018, the Nevada City Council adopted Resolution No. 2018-47 that proclaimed in part:
• We wish it to be known that our city declares itself to be a hate-free zone. • We are a community that embraces a diversity in which we treat one another with human dignity and respect. This is a core value of our city. • We proclaim that we remain committed to diversity and to fostering an atmosphere of inclusiveness that respects the dignity and worth of every person without regard to race, color, sex, religion, ancestry, national origin, immigration status, marital status, age, disability, sexual orientation, gender identity, or familial status, and we declare that we denounce hate speech, hate crimes, harassment, racial bias, anti-Semitism, Islamophobia, anti-immigrant activity, and harmful bias and discrimination in all forms.
WHEREAS, on March 9, 2022, the Nevada City Council adopted Resolution No. 2022-19 affirming its support for and commitment to a safe, just, equitable, diverse, and inclusive Nevada City; and
WHEREAS, on January 22, 2023, California Governor Gavin Newsom issued a proclamation calling on Californians to stand with the people impacted by the tragedy in Monterey Park, California and on January 24, 2023, similarly recognized the tragedy in Half Moon Bay, California; and
WHEREAS, on January 22, 2023, President Joe Biden issued a proclamation honoring the victims of the Monterey Park, California tragedy and ordering the flag of the United States to be flown at half-staff until sunset on January 26, 2023, and on January 24, 2023 recognized the additional devastation of the tragedy in Half Moon Bay, California; and WHEREAS, the Nevada City Council supports open discourse that includes differences in and diversity among political, policy, and emotional perspectives, but resolutely decries violence in such discourse;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Nevada City honors the victims of the tragedy in Monterey Park, California and Half Moon Bay, California; and calls upon those that live, work, and play in Nevada City, Nevada County, and the State of California, to support and show solidarity with our friends, neighbors, family, and everyday people as they celebrate the diversity and values that define Nevada City.
PASSED AND ADOPTED at a regularly scheduled meeting of the Nevada City City Council on the 25th day of January 2023 by the following vote.
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
Doug Fleming, Mayor
ATTEST:
_____________________________
Niel Locke, City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: February 22, 2023 Agenda Item No. 15
Subject: Consideration of the Special Event Street Closure Request for the 2023 Farmer’s Market
From: Sean Grayson, City Manager
Date: February 15, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Review, approve, and authorize the special event street closure requests per the submitted application.
ISSUE STATEMENT AND DISCUSSION:
On January 10, 2023, the City received an application for the Saturday Nevada City Farmer’s Market series of events beginning April 15, 2023 and running through December 16, 2023. This is a one month earlier start than the previous request. The proposed event hours are 8:30am to 1:00pm with setup beginning at 6:00 AM and take down by 2 PM. The proposed street closures below are consistent with prior years closures for the event(s) and include:
- Union Street between Broad Street and Commercial Street - Robinson Plaza
A summary of the specific event characteristics and recommended staff conditions are included in the application packet. A specific condition for the event is that the Farmer’s Market provide an initial and updated list of all vendors that will be participating in the event.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The total fees to be collected if the application is approved are $250.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Street Closure/Special Event Application
NEVADA CITY FIRE DEPARTMENT
OFFICE OF FIRE PREVENTION AND INVESTIGATION
317 broad street, Nevada city ca 95959
For the Protection of Life and Property From Fire – Since 1860 January 18, 2023
The Nevada City Fire Department has the following conditions for the proposed Nevada City Farmers Market events on Saturdays, April 15, 2023 through December 16, 2023.
1. Must maintain 14 ft. FIRE LANES.
2. No parking in RED ZONES.
3. No blocking of FIRE HYDRANTS.
Sincerely,
/s/ Sam Goodspeed
Sam Goodspeed, Division Chief
Nevada City Fire Department
(530) 265-2351
[email protected]
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: February 22, 2023 Agenda Item No. 16
Subject: Conduct a Public Hearing on the City’s Fiscal Year 2022-2023 Proposed Mid-Year Budget by: Consideration of Resolution No. 2023-07: A Resolution of the City Council of the City of Nevada City Adopting Fiscal Year 2022-2023 MidYear Budget From: Stephen Erlandson, Interim Assistant City Manager Date: February 16, 2023
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Conduct the public hearing and adopt the resolution.
ISSUE STATEMENT AND DISCUSSION:
At the June 22, 2022 City Council Meeting, a balanced budget for Fiscal Year (FY) 2022-23 was adopted.
The mid-year revised forecast projects FY 2022-23 revenues to be up substantially in the General Fund as all major revenue sources in the General Fund are expected to exceed original estimates or remain in-line with adopted budget estimates due to a healthy housing market, strong consumer confidence, and tourist activity in the historic downtown. All of the City’s outside funding sources, Gas Tax revenue being an example, is expected to remain flat based upon actual revenues received to date and anticipated revenue through the balance of the fiscal year.
Actual expenditures for existing personnel, operating, professional services, capital outlay items, and capital improvement projects in all funds are projected to meet or be below the adopted FY 2022-23 City Budget. Based on the additional revenues realized by the City, new appropriations from the General Fund for much needed capital outlay items and the reconstruction of a facility due to storm damage are requested to continue the superior service that the residents of Nevada City are accustomed to receiving from their local government.
The information provided below more clearly identifies and explains the City’s major sources of revenue and and/or variances between the adopted budget and the projected forecast as a result of this financial review.
Revenues
General Fund - Revenues for the General Fund are anticipated to be $6,412,647, a net increase of $462,882, or 7.8% over the adopted budget of $5,949,765. Variances from the original budget estimates include:
1. Property Taxes – An increase of $31,932 resulting primarily from a higher than anticipated increase in assessed valuation supported by actual revenues received to date.
2. Property Tax In-Lieu of Vehicle License Fee – An increase of $10,852 based upon the actual County apportionment for the year and actual supplemental property taxes received to date.
3. Sales Tax – Expected to remain flat based upon actual revenues received to date and anticipated revenue through the balance of the fiscal year developed in combination with staff evaluation and estimates received from the City’s third-party sales tax consultant.
4. Measure F Medical Cannabis Tax – An increase of $35,000 based upon actual revenues received to date and anticipated revenue through the balance of the fiscal year.
5. Transient Occupancy Tax – Expected to remain flat based upon actual revenues received to date and anticipated revenue through the balance of the fiscal year.
6. Parking Citations – An increase of $25,000 based upon actual revenues received to date and anticipated revenue through the balance of the fiscal year.
7. Franchise Fees – Expected to remain flat based upon actual interest earnings received to date and anticipated revenue through the balance of the fiscal year.
8. Planning Fees – Expected to remain flat based upon actual revenues received to date and anticipated revenue through the balance of the fiscal year.
9. Public Works Fees – An increase of $195 based upon actual revenues received to date and anticipated revenue through the balance of the fiscal year.
10. Park & Recreation Fees – An increase of $1,528 in revenue based upon actual receipts and a projection of revenues through the balance of the fiscal year.
11. Fire Fees – An increase of $33,002 based upon actual interest earnings received to date and anticipated revenue through the balance of the fiscal year.
12. Rebates/Refunds – An increase of $2,100 based upon actual revenues received to date and anticipated revenue through the balance of the fiscal year.
13. Parking Permits - Employee – An increase of $2,100 based upon actual revenues received to date and anticipated revenue through the balance of the fiscal year.
14. Insurance Claim Proceeds – An increase of $321,828 based upon the actual insurance claim proceeds received by the City to repair and reconstruct the Mill Building.
Special Revenue Funds – Revenues for the City’s various special revenue funds are anticipated to remain flat based upon actual revenues received to date and anticipated revenue through the balance of the fiscal year. Special revenue funds are restricted in their use and usually fund street maintenance, capital projects, and public safety.
Enterprise Funds – Revenues for the City’s various enterprise funds are anticipated to remain flat based upon actual revenues received to date and anticipated revenue through the balance of the fiscal year. The City’s enterprise funds consist of water and wastewater activities that operate and are accounted for in the same manner as a private sector business.
Appropriations
Total expenditures for personnel, maintenance and operations, and capital outlay line items are projected to equal or be below the FY 2022-23 adopted budget. During the FY2022-23 budget adoption staff noted several areas of department capital purchases that had been historically deferred that would, should there be funds available at mid-year, be considered for funding within the budget. Law enforcement vehicles, which were on the deferred capital list, have been purchased using acquired special revenue within the budget. Staff recommends that the following new appropriations be considered by the City Council, consistent with the noted deferred capital list, based on the aforementioned enhanced revenues anticipated to be realized by the City and the need for these items to maintain the level of service expected by the City’s residents:
1. General Fund – Public Works – Capital Outlay: An appropriation of $110,000 is requested for the acquisition of a new mini excavator (tractor) for the Public Works Department. This tractor will be purchased using $110,000 of additional General Fund revenue as previously noted. The purchase award will return to the City Council for future approval.
2. General Fund – Parks & Recreation – Capital Outlay: An appropriation of $30,000 is requested for the acquisition of pumps, filters, and related equipment for the City’s pool. These items will be purchased using $30,000 of additional General Fund revenue as previously noted. The purchase of these items will be under the City Manager’s purchasing authority and will not return to the City Council for future approval.
Capital Improvement Program
An appropriation of $321,828 is requested to repair and reconstruct the Mill Building on the Public Works Yard campus that was destroyed as a result of storm activity in December of 2021. This appropriation will use the aforementioned insurance claim proceeds received in FY 2022-23. This amount is the initial disbursement from insurance related to the claim. The additional costs related to the full replacement of the building can be acquired from insurance after the replacement is complete.
Items for Future Consideration
The City received two distributions of American Rescue Plan Act (ARPA) funds totaling $753,068 ($376,534 received in FY 2021-22 and $376,534 received in FY 2022-23). These funds are restricted by federal legislation for use, of which one of these restricted uses is to offset lost revenues. The city will have greater lost revenues, including lost growth of revenues, than the total ARPA allocation. This will allow the City to recognize the full amount as general fund revenue and authorize the funds for expenditure in the future. As described in the 2022-23 budget approval process, the ARPA funds have not been appropriated and are anticipated to be used, in part, to advance programs and activities related to addressing strategic initiative goals. The ARPA funds will be recommended for appropriation as part of the FY 2023-24 Adopted Budget or earlier through City Council action to address approved strategic initiative action.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The effects of the recommended FY 2022-23 Mid-Year Budget adjustments are as follows:
1. An increase in General Fund revenue in the amount of $462,882.
2. An increase in General Fund appropriations in the amount of $461,828 The net positive effect on General Fund revenues after consideration of all General Fund appropriations is $1,054. It is anticipated that no further supplemental appropriations will be required for the remainder of the fiscal year and that the City will conclude FY 2022-23 in a healthy financial position.
STRATEGIC PLAN ALIGNMENT:
This action, reporting on the program, is consistent with the embedded strategic initiative of Engagement:
Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
None.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Resolution 2023-07
RESOLUTION NO. 2023-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY, CALIFORNIA, MODIFYING THE FISCAL YEAR 2022-2023 BUDGET REVENUE
ESTIMATES AND APPROPRIATIONS
The City Council of the City of Nevada City does hereby resolve as follows:
Section 1. That the FY 2022-23 Annual Budget of the City of Nevada City is hereby amended to reflect the revised revenue projections as presented in Schedule A, attached hereto and incorporated herein by reference as Exhibit 1.
Section 2. That the FY 2022-23 Annual Budget of the City of Nevada City is hereby amended to reflect the revised appropriations as presented in Schedule B, attached hereto and incorporated herein by reference as Exhibit 2.
PASSED AND ADOPTED this 22nd day of February, 2023 by the following vote:
AYES:
NOES:
ABSENT;
ABSTAIN:
________________________________
Doug Fleming, Mayor
ATTEST:
_______________________________
Niel Locke, City Clerk
Attachment:
Exhibit 1 – Schedule A, Revenue Modifications
Exhibit 2 – Schedule B, Expenditure Modifications
REVENUES
2022-23
BUDGET
PREVIOUS
AMENDMENTS
MID-YEAR
RECOMMENDED
ADJUSTMENT
REVISED
BUDGET
General Fund
Property Taxes $ 1,551,481 $ - $ 31,931 $ 1,583,412
Property Taxes In-Lieu of VLF backfill 332,200 - 10,852 343,052 Property Transfer Fees 15,000 - - 15,000
Sales Tax 1,505,293 - - 1,505,293
Measure F Medical Cannabis Tax 700,000 - 35,000 735,000 Transient Occupancy Tax 486,987 - - 486,987
Business License 99,700 - - 99,700
Dog License 500 - - 500
Permits- Miscellaneous 7,500 - - 7,500
Alcohol Permits 1,250 - - 1,250
Tobacco License 500 - - 500
Cannabis Permits 70,000 - - 70,000
Interest 10,000 - - 10,000
Corp. Yard & Building Rents 81,359 - - 81,359
Program Income 175,000 - - 175,000
Transportation Commission 7,500 - - 7,500
Grant Reimbursement 10,000 - - 10,000
Liability Insurance Reimbursement 10,000 - - 10,000
Insurance Claim Proceeds - - 321,828 321,828
Planning Fees 66,115 - - 66,115
Park Fees 18,332 - - 18,332
Pool Admissions 29,456 - 1,205 30,661
Swimming Lessons 24,754 - - 24,754
Miscellaneous Police Department Fees 2,200 - - 2,200
Inspection Fees 7,500 - - 7,500
Copies 100 - - 100
Pool Rental 7,500 - 323 7,823
Pool Snack Bar 8,500 - - 8,500
Summer Camp Program 15,000 - - 15,000
Street Closure Fees 400 - - 400
Fire Planning - - 3,289 3,289
Damage Recovery 2,000 - - 2,000
Motor Vehicle In-Lieu 2,000 - - 2,000
Traffic Safety - Parking Citations 145,000 - 25,000 170,000 Traffic Safety - Criminal 15,000 - - 15,000
Parking Meters 101,284 - - 101,284
Franchises 162,968 - - 162,968
Fire Department - - 29,713 29,713
Rebates/Refunds - - 1,446 1,446
Miscellaneous 10,000 - - 10,000
Return Check Charges 150 - - 150
Mitigation - - 195 195
Parking Permits - Employee 5,500 - 2,100 7,600
Abandoned Vehicle Abatement Fees 12,000 - - 12,000
Parking Bail - State 23,068 - - 23,068
Transfers In 226,668 - - 226,668
Total General Fund Revenues 5,949,765 - 462,882 6,412,647
CITY OF NEVADA CITY
February 22, 2023
SCHEDULE A
REVENUE MODIFICATIONS
1 REVENUES
2022-23
BUDGET
PREVIOUS
AMENDMENTS
MID-YEAR
RECOMMENDED
ADJUSTMENT
REVISED
BUDGET
CITY OF NEVADA CITY
February 22, 2023
SCHEDULE A
REVENUE MODIFICATIONS
Other Funds
Measure C 580,340 - - 580,340
Water Fund 890,000 - - 890,000
Sewer Fund 1,465,744 - - 1,465,744
Sewer - AB 1600 3,500 - - 3,500
Measure M 835,000 - - 835,000
AB 1600 22,000 - - 22,000
Parks and Recreation Quimby 2,700 - - 2,700
Donation 100 - - 100
Highway Bridge Project (Nevada St.) 2,655,900 - - 2,655,900 Gas Tax 112,000 - - 112,000
NCTC RSTP/STIP Streets and Roads 71,000 - - 71,000
NCTC Local Pedestrian and Bike 30,000 - - 30,000
CMAQ Grant - Streets and Roads 562,000 - - 562,000
Traffic Relief 60 - - 60
Regional Traffic Mitigation 26,861 - - 26,861
Indian Trails 250 - - 250
Brownsfield - Quartz Mill 24,000 - - 24,000
Fire Taxes (1986, 2003, Tax Cap) 35,000 - - 35,000
Mathivet 65 - - 65
Supplemental Law Enforcement (COPS) 100,000 - - 100,000 California OES 750,000 - - 750,000
Constitution Day Parade 8,000 - - 8,000
Becker 310 - - 310
Total Other Funds 8,174,830 - - 8,174,830
TOTAL REVENUE & OTHER SOURCES $ 14,124,595 $ - $ 462,882 $ 14,587,477 2 2022-23 2022-23 TOTAL PROPOSED
ADOPTED AMENDED GENERAL GAS TAX MEASURE C MEASURE M CDBG OTHER MID-YEAR REVISED OPERATING & CIP EXPENDITURES BUDGET BUDGET 1 FUND FUND FUND FUND FUND FUNDS ADJUSTMENTS BUDGET General Government $ 355,886 $ 355,886 - 355,886
City Council 23,318 23,318 - 23,318
Planning Commission 5,827 5,827 - 5,827
City Attorney 132,175 132,175 - 132,175
City Planner 253,235 253,235 - 253,235
City Manager 346,432 346,432 - 346,432
Fire Department 795,202 795,202 - 795,202
Police Department 2,603,036 2,603,036 - 2,603,036
Public Works 751,066 751,066 431,828 2, 3 431,828 1,182,894 Community Agency 50,200 50,200 - 50,200
Parks & Recreation 633,388 633,388 30,000 4 30,000 663,388 Measure C 797,560 797,560 - 797,560
Water Fund 908,092 908,092 - 908,092
Sewer Fund 1,949,494 1,949,494 - 1,949,494
Measure M 1,050,000 1,050,000 - 1,050,000
AB1600 - - - -
Parks & Recreation Quimby - - - -
Donation - - - -
Highway Bridge Project (Nevada St.) 3,000,000 3,000,000 - 3,000,000 Gas Tax 487,000 487,000 - 487,000
NCTC RSTP/STIP Streets and Roads 71,000 71,000 - 71,000 NCTC Local Pedestrian and Bike 30,000 30,000 - 30,000
CMAQ Grant - Streets and Roads 562,000 562,000 - 562,000 Traffic Relief - - - -
Regional Traffic Mitigation 25,000 25,000 - 25,000
Indian Trails - - - -
Brownsfield - Quartz Mill - - - -
Fire Taxes (1986, 2003, Tax Cap) 100,500 100,500 - 100,500 Mathivet - - - -
Supplemental Law Enforcement (COPS) 400,000 400,000 400,000 California OES 1,000,000 1,000,000 1,000,000
Constitution Day Parade 8,000 8,000 - 8,000
Becker - - - - - - - - - -
TOTAL OPERATING & CIP $ 16,338,411 $ 16,338,411 $ 461,828 $ - $ - $ - $ - $ - $ 461,828 $16,800,239 Notes
1 Includes carryovers and previous adjustments approved by the City Council. 2 Request for an additional appropriation of $110,000 for a Public Works tractor. 3 Request for an additional appropriation to use insurance claim proceeds to repair and reconstruct the Mill Building as a result of storm damage. 4 Request for an additional appropriation for pumps and filters for the City's pool.
MID-YEAR RECOMMENDED ADJUSTMENTS
SCHEDULE B
February 22, 2023
CITY OF NEVADA CITY
EXPENDITURE MODIFICATIONS
FISCAL YEAR 2022-23
MID-YEAR BUDGET REVIEW
City Council Meeting
February 22, 2023
BUDGET PHILOSOPHY
Revenues and Expenditures Balanced on a Current Basis Capital Improvement Program – Emphasis on Streets, Roads, and Sidewalks
2 SIGNIFICANT REVENUE/
RESOURCE ITEMS
PROPERTY
TAX
2.1%
Or
$31,931
3 INSURANCE
CLAIM PROCEEDS
N/A%
Or
$321,828
MEASURE
F
5.0%
Or
$35,000
PARKING
CITATIONS
17.2%
Or
$25,000
FIRE
DEPARTMENT
N/A%
Or
$29,713
PROPOSED OPERATING
EXPENDITURE CHANGES
4 PARKS & RECREATION
CAPITAL OUTLAY
$30,000
Requested for the Acquisition of Pumps,
Filters,and related equipment for the City’s
Pool
PUBLIC WORKS
CAPITAL OUTLAY
$110,000
Requested for the Acquisition of a New
Mini Excavator(Tractor)for Public Works
PROPOSED CAPITAL
IMPROVEMENT PLAN
CHANGES
5 MILL BUILDING
$321,828
Requested to Repair and Reconstruct the
Mill Building Destroyed as a Result of
Storm Activity in December 2021. Funded
by InsuranceClaim Proceeds of $321,828
FINANCIAL AND/OR
POLICY IMPLICATIONS
6 GENERAL FUND
APPROPRIATIONS
$461,828
GENERAL FUND
REVENUES
$462,882
Net Positive Effect on General Fund = $1,054
No Further Supplemental Appropriations Anticipated
ITEMS FOR FUTURE
CONSIDERATION
AMERICAN RESCUE PLAN ACT (ARPA)
City Received Two Distributions Totaling $753,068
Will be Used to Offset Lost Revenues Due to COVID
Will Recognize Full Amount as General Fund Revenue
ARPA Monies to be Appropriated in the Future
As part of FY 2023-24 Adopted Budget or Earlier
Will Address Approved Strategic Plan Goals
7 RECOMMENDED ACTION
Conduct the Public Hearing; and
Adopt Resolution 2023 -07.
8 CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: February 22, 2023 Agenda Item No. 18
Subject: Conduct a Public Hearing in Consideration of
Ordinance No. 2023-02: An Ordinance of the City Council of the City of Nevada City, State of California, Amending
Chapter 5.04 (“Business Licenses”) of Title 5 (“Business Taxes, Licenses, and Regulations”) of the City of Nevada City Municipal Code Relating to Adding a New Business License Type
From: Sean Grayson, City Manager
Date: February 15, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for March 8, 2023.
ISSUE STATEMENT AND DISCUSSION:
The City Council has provided direction to ensure that the City is receiving all fees, taxes and related revenues that it is entitled to under existing processes prior to implementing future potential changes in fiscal year 2023-24. In reviewing the City’s requirements under Chapter 5.04 “Business Licenses” of the Municipal Code consistent and recurring enrollment and enforcement has been identified as a need. Based upon complaints from businesses it was determined that not all vendors selling in the City, both at City and private events secure business licenses as required. The Nevada City Farmer’s Market, the Nevada City Chamber of Commerce, and the Miner’s Foundry Cultural Center have all expressed concerns of the impact on business related to the “one size fits all” fee structure within the current code. Specifically, all three indicate that the $123 City fee would be sufficient to deter a number of vendors from participating in events.
In 2015 the City amended the municipal code consolidating thirty different classifications of businesses and their related business license fees into only two types, those with 10 or more employees and those with 9 or less employees. Although the structure is not ineffective, it does not allow for a lower fee for microbusinesses especially event vendors that may only sell once within the City. Chamber staff will provide a presentation on their proposed events. Staff conditions for public safety, public works, and road closures will be provided to the Chamber of Commerce at the meeting scheduled in advance of each event.
The City’s Business Strategic Initiative Committee heard this issue on January 3, 2023, and recommended that an ordinance modification to allow a specific category of event vendors be considered by the City Council. This action would modify the municipal code The attached ordinance would permit vendors at events, such as those hosted by Nevada City Farmer’s Market, the Nevada City Chamber of Commerce, and the Miner’s Foundry Cultural Center, to pay their tax and obtain their license via the event operator, so long as the operator elects to participate in such collection method. In recognition of the reduced cost to the City for this collection method and the fact that such vendors have a different level of activity in the City than other business, the tax for such vendors who use this collection method would be reduced to $20. The state fee of $4 would remain applicable.
FINANCIAL AND/OR POLICY IMPLICATIONS:
There is a small, anticipated increase in revenue associated with this action although no increase in revenue is anticipated in fiscal year 2022/2023 with all event vendors being eligible for the City’s Business Development Fee Waiver Program which would reduce the City’s revenue for any eligible vendor to zero.
STRATEGIC PLAN ALIGNMENT:
This action is aligned with the Business Strategic Initiative: Business, Industry, and Cannabis Support.
Specifically, this action addresses, in part, goal #4, “Engage all city businesses to determine their needs and demands and track variations by area and
business type.”
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Ordinance 2023-02
ORDINANCE NO. 2023-02
AN ORDINANCE OF THE CITY OF NEVADA CITY ADDING
SECTIONS 5.04.140 (“EVENTS”) AND 5.04.350 (“IMPERMISSIBLE TAXES”) TO CHAPTER 5.04 (“BUSINESS LICENSES”) OF TITLE 5 (“BUSINESS TAXES, LICENSES AND REGULATIONS”) OF THE
NEVADA CITY MUNICIPAL CODE
WHEREAS, Chapter 5.04 of the Municipal Code generally requires that a business license be obtained from the City by any person transacting, conducting, or carrying on any business or providing services in the City, whether or not they have a fixed place of business within the City; and WHEREAS, Chapter 5.04 imposes upon each such person a business license tax; and WHEREAS, the purpose of Chapter 5.04 is to raise revenue for the City and not for regulation; and
WHEREAS, the City Council desires to simplify the process by which vendors at farmers markets, fairs, and similar events may obtain such a license; and WHEREAS, the City Council desires to clarify the interaction of Chapter 5.04 with state and federal law.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEVADA CITY DOES ORDAIN AS FOLLOWS:
SECTION 1: Section 5.04.140 is hereby added to Article III (“Licensing Requirements”) of Chapter
5.04 (“Business Licenses”) of Title 5 (“Business Taxes, Licenses and Regulations”) of the Nevada City Municipal Code as follows:
“5.04.140. Events.
A. For purposes of this Section, “event” means a farmers’ market, fair, swap meet, or other similar event at which vendors sell goods or services. This section does not apply to events that operate more than twice a week.
B. The operator of an event subject to this Section may elect to serve as an intermediary collector of business license taxes by requesting and obtaining from the city an intermediary collector certificate.
C. An intermediary collector shall not allow any vendor to sell goods or services at their event unless either (i) that vendor has obtained a valid business license from the City or (ii) the intermediary collector issues the vendor an event vendor certificate in a form that has been approved by the City.
D. For each year, the intermediary collector shall maintain a list of the vendors operating at the event, and whether that vendor has a business license issued by the City or has been issued an event vendor certificate.
E. Each month, the intermediary collector shall file with the city tax collector a form indicating the number of event vendor certificates issued by the intermediary collector, the names of the persons issued certificates, and such other information as may be required by the city tax collector. The intermediary collector shall remit to the city tax collector $20 for each event vendor certificate issued.
F. The event vendor certificate shall have a validity of not more than one year and shall have the same expiration date as a one-year business license issued by the City.
G. The intermediary collector shall collect from a vendor not more than $20 for the event vendor certificate. Any money so collected is considered held in trust by the intermediary collector for the city.
H. Possession of a valid event vendor certificate by a vendor substitutes, with respect to vending activities at the event, for any requirement that the vendor obtain a certificate pursuant to this chapter.
I. In addition to the $20 event vendor certificate amount, the intermediary collector shall remit to the city and may collect from the vendor any supplementary fee or tax generally required to be collected for the state by a city issuing a business license.” SECTION 2: Section 5.04.350 is hereby added to Article IV (“Enforcement”) of Chapter 5.04 (“Business Licenses”) of Title 5 (“Business Taxes, Licenses and Regulations”) of the Nevada City Municipal Code as follows:
“5.04.350 Impermissible Taxes
Nothing contained in this chapter shall be deemed or construed to require the payment of any business license tax by any person transacting, engaging in or carrying on any business which is exempt from the payment of such taxes under the Constitution or statutes of the state of California of the United States.
Furthermore, nothing contained in this title shall be construed to require the payment of a business license tax in an amount that is impermissible under the Constitution or statutes of the state of California of the United States. In the event a tax would otherwise exceed such permissible amount, it is reduced to the highest legally permissible amount under the Constitution or statutes of the state of California of the United States.”
SECTION 3: Nothing in this Ordinance is intended to require any person to pay a tax that is higher than that currently required by existing law.
SECTION 4: This Ordinance relates to the method of collection of the City’s business license tax.
Nothing in this Ordinance shall be interpreted to authorize the conduct of any business that is otherwise prohibited by this code or by applicable law nor shall the issuance of a certificate pursuant to this Ordinance be deemed evidence that a business is operating in a legal manner.
SECTION 5: Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. The City Council of the City of Nevada City declares that it would have adopted all the provisions of this ordinance that remain valid if any provisions of this ordinance are declared invalid.
SECTION 6: The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage.
APPROVED FOR INTRODUCTION AT A REGULAR MEETING on the 22nd day of February 2023, by the following vote:
AYES:
NOES:
ABSENT:
PASSED, APPROVED, AND ADOPTED this 8th day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
_____________________________
Doug Fleming, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ________________
Niel Locke, City Clerk Dean Pucci, City Attorney
STATE OF CALIFORNIA )
COUNTY OF NEVADA ) ss.
CITY OF NEVADA CITY )
I, ___________, City Clerk of Nevada City, do hereby certify that the foregoing ordinance was introduced on the ______th day of ____________, 2023, was regularly adopted at a meeting thereof on the ____th day of __________, 2023 and was published/posted pursuant to law. _____________________________
_______________, City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: February 22, 2023 Agenda Item No. 18
Subject: Consideration of the Special Event Street Closure Request for the Nevada City Chamber of Commerce Events
Through 2023
From: Sean Grayson, City Manager
Date: February 15, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Receive a presentation then review, approve, and authorize the special event street closure requests per the submitted application.
ISSUE STATEMENT AND DISCUSSION:
The City has been working with the Nevada City Chamber of Commerce on their 2023 event submissions since December of 2022. The Chamber has submitted the comprehensive request for all events through 2023 and including the first event in 2024. Additional information pertaining to this request and the following events is summarized in the attached materials the listing of events is below:
April
• Town Beautification Day-Thursday, April 6th from 8am-12pm • Earth Fest-Sunday, April 23rd from 10-3pm
May
• Village Market Sidewalk Sale - Sunday, May 28th from 11am-4pm June
• Pride Flag Raising - Thursday, June 1st from 6:30-8pm (non-chamber event) • Art Walk - Friday, June 2nd from 6-9pm
• Bike Race Weekend
o Bikes & Brews -Saturday, June 3rd from 5-9pm (7 Hills) o 60th Annual Nevada City Bicycle Classic-Sunday, June 4th at 10am July
• Art Walk - Friday, July 7th from 6-9pm
• Summer Nights Markets - Wednesdays July 12, 19, 26 from 6-9:30pm August
• Art Walk Friday, August 4th from 6-9pm
September
• Constitution Day Weekend
o Concert-Saturday, September 16th from 4:30-6:30pm on N. Pine o Parade - Sunday, September 17th from 1:30pm
o Reenactments - September 16th from 10-Spm & Sunday, September 17th from 10-12pm October
• Halloween Safe Trick or Treat - Tuesday, October 31st from 3-Spm December
• Victorian Christmas - Sundays December 3, 10, 17 from 1:30-6pm & Wednesdays December 6 & 13 from 5-9pm
• Hanukkah Celebration -Thursday, December 7th from 4-7pm (non-chamber) February 2024
• Mardi Gras - Saturday, February 10th
o Parade at 2pm, Street Fair 12-4pm
• Chinese New Year - February 25th at 12pm (non-chamber) The events listed as “non-chamber” are being coordinated for logistical purposes by the Chamber of Commerce and are included in the attached packet of event requests but are hosted by another entity who will be responsible for the insurance and any related fees and/or expenses.
Most of the events are the same as in 2022, some of the notable variations include:
• Expanding Earth Fest and moving it on to Broad Street • Adding Bikes & Brews 7 Hills event
• Return of the 60th Annual Nevada City Bicycle Classic • Mardi Gras 2024 switched from being on Sunday to Saturday due to the Super Bowl.
Chamber staff will provide a presentation on their proposed events. Staff conditions for public safety, public works, and road closures will be provided to the Chamber of Commerce at the meeting scheduled in advance of each event.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The Chamber of Commerce will pay $2200 to the City for the use of the City Hall bathrooms and the cleaning of the public bathrooms in Robinson Plaza and the Commercial Street Parking lot for designated events.
STRATEGIC PLAN ALIGNMENT:
This action is aligned with the Business Strategic Initiative: Business, Industry, and Cannabis Support.
Specifically, this action addresses, in part, goal #6, “Support tourism as a funding mechanism for our businesses.” This action is also consistent with the embedded strategic initiative of Engagement:
Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Street Closure/Special Event Application
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: February 22, 2023 Agenda Item No. 19
Subject: Consideration of a Letter of Support for the Proposed Amended Policy 5145.3: Nondiscrimination / Harassment of the Nevada Joint Union High School District Board of Trustees From: Sean Grayson, City Manager
Date: February 17, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Approve the letter and authorize the Mayor to sign.
ISSUE STATEMENT AND DISCUSSION:
At the February 8, 2023, meeting of the Nevada Joint Union High School District (District) Board of Trustees (Board) heard as first reading of an amended Policy 5145.3: Nondiscrimination / Harassment. The policy will be considered for future adoption by the Board. The policy amendment is based upon input from students, parents, and a diverse group of stakeholders.
The policies of the City Council and the policies of the Board of Trustees are inextricably linked in that they serve to support the overlapping population of students, future students, parents, alumni, future student employers; and more broadly those that live, learn, work, play, and thrive in our overlapping geographic boundaries.
There is alignment between the amended Board policy and the values and policies of the City Council. The Nevada City Council adopted Resolution No. 2018-47 that proclaimed in part:
• We wish it to be known that our city declares itself to be a hate-free zone. • We are a community that embraces a diversity in which we treat one another with human dignity and respect. This is a core value of our city.
• We proclaim that we remain committed to diversity and to fostering an atmosphere of inclusiveness that respects the dignity and worth of every person without regard to race, color, sex, religion, ancestry, national origin, immigration status, marital status, age, disability, sexual orientation, gender identity, or familial status, and we declare that we denounce hate speech, hate crimes, harassment, racial bias, anti-Semitism, Islamophobia, anti-immigrant activity, and harmful bias and discrimination in all forms.
One of the adopted statements of values of the Nevada City Council is, “Support for and commitment to a safe, just, equitable, diverse and inclusive Nevada City.” The City commits to these words through ensuring City Council representation on the Countywide Justice, Equity, Diversity and Inclusion (Jedi) group.
Similarly, city staff is represented in the regional coalition Equity & Inclusion Leadership Alliance (EILA).
The City operationalizes these words through its routine actions and through the execution of the initiatives, goals, and objectives of the City’s Strategic Plan.
The attached letter would provide the support of the Council to the Board in adopting their amended policy and offer collaboration in future actions between the two entities.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None.
STRATEGIC PLAN ALIGNMENT:
This action is aligned with the City’s adopted value statement of, “Support for and commitment to a safe, just, equitable, diverse and inclusive Nevada City.” This action is also consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
None.
ATTACHMENTS:
Letter of Support
NJUHSD Board of Trustees Proposed Policy Amendment
City of Nevada City
City Hall · 317 Broad Street · Nevada City, California 95959 · (530) 265-2496 February 22, 2023
The Honorable DuWaine Ganskie
Board President
Nevada Joint Union High School District
11645 Ridge Road
Grass Valley, CA 95945
Subject: Support for the Proposed Amended Board Policy 5145.3: Nondiscrimination / Harassment
Dear Board President Ganskie:
The City Council of the City of Nevada City offers our support for the amended Policy 5145.3:
Nondiscrimination / Harassment that the Nevada Joint Union High School District Board of Trustees heard as the first reading at their February 8, 2023, meeting.
Discrimination and harassment are equally inappropriate within the halls of education as they are within City Hall. We applaud your efforts in amending the policy and listening to students, parents, and the diverse stakeholders that have championed the much-needed revisions.
The policies of the City Council and the Board of Trustees are linked in that both entities support the overlapping population of students, future students, parents, alums, future student employers, and, more broadly, those that live, learn, work, play, and thrive in our overlapping geographic boundaries. We find alignment between your amended policy and the values and policies of the City Council of the City of Nevada City. The Nevada City Council adopted Resolution No. 2018-47 that proclaimed in part:
• We wish it to be known that our City declares itself to be a hate-free zone. • We are a community that embraces diversity in which we treat one another with human dignity and respect. This is a core value of our City.
• We proclaim that we remain committed to diversity and to fostering an atmosphere of inclusiveness that respects the dignity and worth of every person without regard to race, color, sex, religion, ancestry, national origin, immigration status, marital status, age, disability, sexual orientation, gender identity, or familial status, and we declare that we denounce hate speech, hate crimes, harassment, racial bias, anti-Semitism, Islamophobia, anti-immigrant activity, and harmful bias and discrimination in all forms.
City Hall · 317 Broad Street · Nevada City, California 95959 · (530) 265-2496 One of the values adopted by the Nevada City Council is “Support for and commitment to a safe, just, equitable, diverse and inclusive Nevada City.” The City commits to these words by ensuring City Council representation in the Countywide Justice, Equity, Diversity, and Inclusion (Jedi) group. Similarly, city staff is represented in the regional coalition Equity & Inclusion Leadership Alliance (EILA). The City operationalizes these words through its routine actions and the execution of the initiatives, goals, and objectives of the City’s Strategic Plan.
We recognize that the amended policy contemplated by your board is one of many steps we must take together. The City Council and our staff stand ready to collaborate with you on future steps in our shared journey in support of youth in the City, the District, and the greater community.
Respectfully Submitted,
Doug Fleming, Mayor
cc:
Sean Grayson, City Manager
Board Policy Manual
Nevada Joint Union High School District
Policy 5145.3: Nondiscrimination/Harassment Status: pending Original Adopted Date: 08/08/2018 | Last Revised Date: 08/12/2020 | Last Reviewed Date: 08/12/2020
This Board Policy applies to the Nevada Joint Union High School District.
This policy shall apply to all acts constituting unlawful discrimination or harassment related to school activity or to school attendance occurring within a district school and to acts which occur off campus or outside of school-related or school-sponsored activities but which may have an impact or create a hostile environment at school.
Respectfor All
Respect for All is the philosophy by which the Nevada Joint Union High School District shall respond to instances of bullying and harassment. The districtis committed to keeping schools safe, supportive, and free from discrimination and harassment.
Purpose
The Board of Trustees desires to provide a safe school environment that allows all students equal access to and opportunities in the district's academic, extracurricular, and other educational support programs, services, and activities. The Board prohibits, at any district school or school activity, unlawful discrimination, including discriminatory harassment, intimidation, and bullying targeted at any student by anyone, based on the student's actual or perceived race, color, ancestry, nationality, national origin, immigration status, ethnic group identification, ethnicity, age, religion, marital status, pregnancy, parental status, physical or mental disability, medical condition, sex, sexual orientation, gender, gender identity, gender expression, or genetic information or association with a person or group with one or more of these actual or perceived characteristics.
Prohibited Discrimination
Unlawful discrimination, including discriminatory harassment, intimidation, or bullying, may result from physical, verbal, nonverbal, or written conduct based on any of the categories listed above. Unlawful discrimination also occurs when prohibited conduct is so severe, persistent, or pervasive that it affects a student's ability to participate in or benefit from an educational program or activity; creates an intimidating, threatening, hostile, or offensive educational environment; has the effect of substantially or unreasonably interfering with a student's academic performance; or otherwise adversely affects a student's educational opportunities.
Unlawful discrimination also includes disparate treatment of students based on one of the categories above with respect to the provision of opportunities to participate in school programs or activities or the provision or receipt of educational benefits or services.
Prohibited Retaliation
The Board also prohibits any form of retaliation against any individual who reports or participates in the reporting of unlawful discrimination, files or participates in the filing of a complaint, or investigates or participates in the investigation of a complaint or report alleging unlawful discrimination. Retaliation complaints shall be investigated and resolved in the same manner as a discrimination complaint.
Complaint Resolution
The Superintendent or designee shall facilitate students' access to the educational program by publicizing the district's nondiscrimination policy and related complaint procedures to students, parents/guardians, and employees. In addition, the Superintendent or designee shall post the district's policies prohibiting discrimination, harassment, intimidation, and bullying and other required information on the district's web site in a manner that is easily accessible to parents/guardians and students, in accordance with law and the accompanying administrative regulation.
The Board encourages the early resolution of complaints whenever possible.
1. Informal Complaints- Informal complaints may be filed directly to school staff verbally, in writing, by email, telephone or other form of communication. Regardless of whether a complainant complies with the writing, timeline, and/or other formal filing requirements, all complaints alleging unlawful discrimination, including discriminatory harassment, intimidation, or bullying, shall be investigated and if findings of discrimination is found to have occurred, prompt action taken to stop the discrimination, prevent recurrence, and address any continuing effect on students.
Under this informal process, a Complainant shall receive a verbal or written response to complaints within 3 school days of having filed the complaint.
Students who engage in unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying in violation of law, Board policy, or administrative regulation shall be subject to appropriate consequence or discipline, which may include suspension or expulsion when the behavior is severe or pervasive as defined in Education Code 48900.4. Any employee who permits or engages in prohibited discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, shall be subject to disciplinary action, up to and including dismissal.
2. Formal Complaint Guide - Uniform Complaint Procedures, UCP To resolve complaints which may require a more formal process, the Board adopts the uniform system of complaint processes specified in 5 CCR 4600-4670 and the accompanying administrative regulation. Unless extended by written agreement with the complainant, an investigation report shall be sent to the complainant within 60 calendar days of the district's receipt of the complaint.
Board Policy 1312.3 - Uniform Complaint Procedures
https://simbli.eboardsolutions.com/Policy/ViewPolicy.aspx?S=36030345&revid=dA7gkLLsLA56 nnplusECWk5JQ==&ptid=amIgTZiB9plushNjl6WXhfiOQ==&PG=6
Administrative Regulation 1312.3 - Uniform Complaint Procedures https://simbli.eboardsolutions.com/Policy/ViewPolicy.aspx?S=36030345&revid=KslshIU0XnNPr os0Q63GyYH4Q==&ptid=amIgTZiB9plushNjl6WXhfiOQ==&PG=6
UCP Complaint Form
https://www.njuhsd.com/documents/Parents/UCP-Form-NJUHSD-v.-2.2022.pdf Consequences
Certain standards of conduct and behavior are essential to the functioning of a safe and healthy school district. Students are expected to conduct themselves according to basic standards when on school grounds or representing the school/district in any way. Students are expected to be courteous and show respect for others. The following policies are in effect for all students at all times on all school grounds and at all school functions. Engaging in discrimination, harassment, bullying and/or intimidation on the basis of a protected characteristic will result in other means of correction and/or disciplinary action.
Please note, under California law, students can be suspended or expelled if they engage in harassment or bullying. The following chart sets forth common administrative action taken towards a student who has engaged in prohibited conduct.
Offense 1st Offense 2nd Offense 3rd Offense
Physical injury-any
student who
causes, attempts
to cause, or
threatens to cause
serious physical
injury to another
person
(Under Ed Code:
48900a1)
OCI, Site Discipline
Contract,
1-5 day suspension and
possible recommendation
for expulsion
3-5 day suspension and
possible
recommendation for
expulsion
5 day suspension,
extended suspension, and
recommendation for
expulsion
Harassed,
threatened,
intimidated
student who is a
complaining
witness.
(Under Ed Code:
48900o)
OCI, Site Discipline
Contract,
1-5 day suspension and
possible recommendation
for expulsion
3-5 day suspension,
possible
recommendation for
expulsion
3-5 days of suspension,
possible recommendation
for expulsion
Sexual harassment
(Under Ed Code:
48900.2)
OCI, Site Discipline
Contract,
1-5 day suspension and
possible recommendation
for expulsion
3-5 day suspension,
possible law enforcement
notification, possible
recommendation for
expulsion
3-5 days of suspension,
law enforcement
notification, possible
recommendation for
expulsion
Sexual Assault
(Under Ed Code:
48915)
5 day suspension, extended suspension, recommendation to expel, and law enforcement notification.
Harassment,
threats,
intimidation
(Under Ed Code:
48900.4)
OCI, Site Discipline
Contract, 1-5 days
suspension.
1-5 days of suspension,
possible
recommendation for
expulsion.
3-5 days of suspension,
possible recommendation
for expulsion.
Act of hate
violence/hate
crime
(Under Ed Code:
48900.3)
OCI, Site Discipline
Contract,
1-5 days suspension, law
enforcement notification,
possible recommendation
for expulsion.
5 days suspension, law
enforcement notification,
recommended expulsion.
5 days suspension, law
enforcement notification,
recommended expulsion.
Hazing/slurs
(racial, ethnic,
religious,
handicapped,
sexual).
(Under Ed Code:
48900.4)
OCI, Site Discipline
Contract
1-5 days suspension,
possible law enforcement
notification, possible
recommendation for
expulsion.
1-5 days suspension,
possible law enforcement
notification,
recommended expulsion.
5 days suspension, law
enforcement notification,
recommended expulsion.
Bullying (including
electronic)
(Under Ed Code:
48900)
OCI, Site Discipline
Contract,
1-5 days suspension
1-5 days suspension,
possible
recommendation for
expulsion
3-5 days of suspension,
possible recommendation
for expulsion
Other Means of
Correction
Brief Intervention (BI), On-Campus Intervention (OCI), Restorative Accountable Youth Solutions (RAYS), Saturday School, Lunch Detention Record-Keeping
The Superintendent or designee shall maintain a record of all reported cases of unlawful discrimination, including discriminatory harassment, intimidation, or bullying, to enable the district to monitor, address, and prevent repetitive prohibited behavior in district schools.
District Staff Training
The Superintendent or designee shall provide training and/or information on the scope and use of the policy and complaint procedures and take other measures designed to increase the school community's understanding of the requirements of law related to discrimination. The Superintendent or designee shall regularly review the implementation of the district's nondiscrimination policies and practices and, as necessary, shall take action to remove any identified barrier to student access to or participation in the district's educational program. The Superintendent or designee shall report the findings and recommendations to the Board after each review.
Microaggressions
Microaggression is a term used for commonplace, daily, verbal, behavioral or environmental slights or insults, whether intentional or unintentional, when those acts communicate hostile, derogatory, or negative attitudes toward stigmatized or culturally marginalized groups. Microaggressions include, but are not limited to: inappropriate and derogatory jokes, gestures, and malicious comments, singling‐out students for embarrassment or significant criticism. Microaggressions can also include setting exams and project due dates on religious holidays, and engaging in harmful stereotyping. Microaggressions which are racist, ageist, transphobic, xenophobic (prejudice against people from other countries). Allegations of microaggressions shall be reported and reviewed by the same procedures as stated in the Complaint Procedures section, above. Staff shall receive regular training surrounding the identification of microaggressions and how to respond appropriately when identified or reported.
Policy Reference Disclaimer:
These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy.
State Description
5 CCR 432 Student records
5 CCR 4600-4670 Uniform complaint procedures
5 CCR 4900-4965 Nondiscrimination in elementary and secondary education programs
Civ. Code 1714.1 Liability of parent or guardian for act of willful misconduct by a minor
Ed. Code 200-262.4 Educational equity; prohibition of discrimination on the basis of sex
Ed. Code 48900.3 Suspension or expulsion for act of hate violence Ed. Code 48900.4 Suspension or expulsion for threats or harassment Ed. Code 48904 Liability of parent/guardian for willful student misconduct Ed. Code 48907 Exercise of free expression; rules and regulations Ed. Code 48950 Speech and other communication
Ed. Code 48985 Translation of notices
Ed. Code 49020-49023 Athletic programs
Ed. Code 49060-49079 Student records
Ed. code 49060-49079 Student records
Ed. Code 51500 Prohibited instruction or activity
Ed. Code 51501 Prohibited means of instruction
Ed. Code 60044 Prohibited instructional materials
Gov. Code 11135 Nondiscrimination in programs or activities funded by state Pen. Code 422.55 Definition of hate crime
Pen. Code 422.6 Civil rights; crimes
Federal Description
20 USC 1681-1688 Title IX of the Education Amendments of 1972 28 CFR 35.107 Nondiscrimination on basis of disability; complaints 29 USC 794 Rehabilitation Act of 1973, Section 504
34 CFR 100.3 Prohibition of discrimination on basis of race, color or national origin
34 CFR 104.7 Designation of responsible employee for Section 504 34 CFR 104.8 Notice
34 CFR 106.8 Designation of responsible employee for Title IX 34 CFR 106.9 Notification of nondiscrimination on basis of sex 34 CFR 110.25 Prohibition of discrimination based on age 34 CFR 99.31 Disclosure of personally identifiable information 42 USC 12101-12213 Title II equal opportunity for individuals with disabilities 42 USC 2000d-2000e-17 Title VI and Title VII Civil Rights Act of 1964, as amended 42 USC 2000h-2-2000h-6 Title IX of the Civil Rights Act of 1964 42 USC 6101-6107 Age Discrimination Act of 1975
Management Resources Description
CA Office of the Attorney General
Publication
Promoting Safe & Secure Learning Environment for All:
Guidance & Model Policies to Assist CA K-12 Schools in
Responding to Immigration Issues, 4/2018
Court Decision Donovan v. Poway Unified School District, (2008) 167 Cal.App.4th 567
Court Decision Flores v. Morgan Hill Unified School District, (2003) 324 F.3d 1130
CSBA Publication Updated Legal Guidance: Protecting Transgender and Gender Nonconforming Students Against Sex
Discrimination, March 2017
First Amendment Center Publication Public Schools and Sexual Orientation: A First Amendment Framework for Finding Common Ground, 2006
U.S Dept of Ed Office for Civil Rights
Publication
Resolution Agreement Between the Arcadia USD, US Dept
of Ed, OCR, & the US DOJ, CRD, (2013) OCR 09-12-1020,
DOJ 169-12C-70
U.S. Dept of Health & Human Services
Publication
Guid. to Fed Fin. Assist. Recipients Re. Title VI Prohibition Against Nat'l Origin Discrimination Affect Limited English Proficient Persons, Aug. 2013
U.S. DOE, Office for Civil Rights
Publication
Dear Colleague Letter: Harassment and Bullying, October 2010
U.S. DOE, Office for Civil Rights
Publication
Dear Colleague Letter: Title IX Coordinators, April 2015 U.S. DOE, Office for Civil Rights
Publication
Examples of Policies and Emerging Practices for Supporting Transgender Students, May 2016
U.S. DOE, Office for Civil Rights
Publication
Notice of Non-Discrimination, Fact Sheet, August 2010
Website First Amendment Center
Website California Office of the Attorney General
Website California Safe Schools Coalition
Website CSBA
Website California Department of Education
Website U.S. Department of Education, Office for Civil Rights Cross References
Code Description
0410 Nondiscrimination In District Programs And Activities 0415 Equity
0450 Comprehensive Safety Plan
0450 Comprehensive Safety Plan
1312.1 Complaints Concerning District Employees
1312.1 Complaints Concerning District Employees
1312.3 Uniform Complaint Procedures
1312.3 Uniform Complaint Procedures
3515.4 Recovery For Property Loss Or Damage
3515.4 Recovery For Property Loss Or Damage
3530 Risk Management/Insurance
3530 Risk Management/Insurance
3553 Free And Reduced Price Meals
3553 Free And Reduced Price Meals
4131 Staff Development
4219.21 Professional Standards
4219.21-E(1) Professional Standards
4231 Staff Development
4319.21 Professional Standards
4319.21-E(1) Professional Standards
5000 Concepts And Roles
5030 Student Wellness
5111 Admission
5113.1 Chronic Absence And Truancy
5113.1 Chronic Absence And Truancy
5113.12 District School Attendance Review Board
5113.12 District School Attendance Review Board
5125 Student Records
5125 Student Records
5125.1 Release Of Directory Information
5125.1 Release Of Directory Information
5125.1-E(1) Release Of Directory Information
5131 Conduct
5131.2 Bullying
5131.2 Bullying
5131.5 Vandalism And Graffiti
5132 Dress And Grooming
5132 Dress And Grooming
5137 Positive School Climate
5138 Conflict Resolution/Peer Mediation
5141.27 Food Allergies/Special Dietary Needs
5141.27 Food Allergies/Special Dietary Needs
5141.4 Child Abuse Prevention And Reporting
5141.4 Child Abuse Prevention And Reporting
5141.52 Suicide Prevention
5141.52 Suicide Prevention
5144 Discipline
5144 Discipline
5144.1 Suspension And Expulsion/Due Process
5144.1 Suspension And Expulsion/Due Process
5144.2 Suspension And Expulsion/Due Process (Students With Disabilities)
5145.12 Search And Seizure
5145.12 Search And Seizure
5145.2 Freedom Of Speech/Expression
5145.2 Freedom Of Speech/Expression
5145.7 Sexual Harassment
5145.7 Sexual Harassment
5145.9 Hate-Motivated Behavior
5146 Married/Pregnant/Parenting Students
6142.1 Sexual Health And HIV/AIDS Prevention Instruction 6142.1 Sexual Health And HIV/AIDS Prevention Instruction 6143 Courses Of Study
6143 Courses Of Study
6144 Controversial Issues
6144 Controversial Issues
6145 Extracurricular And Cocurricular Activities
6145 Extracurricular And Cocurricular Activities
6145.2 Athletic Competition
6145.2 Athletic Competition
6145.2-E(1) Athletic Competition
6163.4 Student Use Of Technology
6163.4-E(1) Student Use Of Technology
6163.4-E(2) Student Use Of Technology
6164.2 Guidance/Counseling Services
6173.1 Education For Foster Youth
6173.1 Education For Foster Youth