Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY April 12, 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:
The public is encouraged to participate in 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:
Presentation:
Proclamation:
Naming of the Police Department Newest Officer (K-9)
Grass Valley Nevada City Cultural District Redesignation and Proclamation for Arts, Culture & Creativity Month
City of Nevada City 167th Incorporation Day April 19, 2023 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 March 22, 2023, Regular Meeting
Recommended Action: Review and approve the minutes
2. Accounts Payable – March 2023
Recommended Action: Receive and file the report
3. Police Activity Report March 2023
Recommended Action: Receive and file the report
4. Building Activity Report March 2023
Recommended Action: Receive and file the report
5. Consideration of the Authorization to Purchase Two Storm Damage Replacement Vehicles, One Full-Size Chevy 1500 and One Chevy Colorado; and the Purchase of One New Chevy Tahoe Police Patrol Vehicles from Future Chevrolet of Sacramento in the Total Amount of $157,778.82
Recommended Action: Approve the purchase authorization
6. Consideration of a Purchase Order in an Amount Not-To-Exceed $32,000 for Tube Settlers at the Water Treatment Plant as a Part of Winter Storm Repairs Recommended Action: Approve the purchase order
7. Consideration of the Final Report on the 2017 Gold Country Coalition Brownfield Grant
Recommended Action: Received and file the report.
8. Consideration of Resolution No. 2023-12: A Resolution of the City Council of the City of Nevada City to Extend for 60 Days Proclamation No. 2023-01 and Resolution No. 2023-03 Declaring the Existence of a Local Emergency Due to the December 27, 2022 Winter Storm
Recommended Action: Adopt the resolution
9. Consideration of Resolution No. 2023-14: A Resolution of the City Council of the City of Nevada City to Rescind the Stage 3 (Water Shortage Warning) Drought Declaration and Implement Actions Set Forth for Stage 1 (Normal Water Conditions) in accordance with the March 2015 Drought Action Plan Recommended Action: Adopt the resolution
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.
10. Conduct a Public Hearing in Consideration of Ordinance 2023-04: An Ordinance of the City Council of the City of Nevada City, State of California, Adding Chapter 8.05 (“Vacant Building and Storefront Nuisances”) to Title 8 (“Health and Safety”) to the City of Nevada City Municipal Code, Relating to Vacant Building and Storefront Nuisances; and Consideration of Resolution 2023-14: A Resolution of the City Council of the City of Nevada City, California Establishing a Fee Schedule for Vacant Building Registration Processing and Vacant Building Monitoring Recommended Action: 1) Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for April 26, 2023; and 2) adopt the Resolution establishing vacant building registration and monitoring fees
BUSINESS
11. Consideration of Adoption of Resolution 2023-13: A Resolution of the City Council of the City of Nevada City, California Approving a Permit for In-Lieu Parking Payments for the Three Forks Outdoor Dining Area Located at 211 Commercial Street, Nevada City
Recommended Action: Adopt Resolution 2023-13, for the payment of in-lieu parking fees for the expanded business at 211 Commercial Street
12. Consideration to Accept, Receive, and File the Audit, Financial Statements, and Management Report for Year End June 30, 2021
Recommended Action: Receive a report from the City’s independent audit firm and staff and then accept, receive and file the audit and related documents.
13. Consideration of the Request from the Planning Commission to Initiate a Dark Skies Ordinance
Recommended Action: Approve the request directing the City Manager to add the ordinance development to the process of the Planning Commission in 2023
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 April 12, 2023, Regular Meeting of the Nevada City City Council was posted April 7, 2023, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed April 7, 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 April 12, 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:
The public is encouraged to participate in 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:
Presentation:
Proclamation:
Naming of the Police Department Newest Officer (K-9)
Grass Valley Nevada City Cultural District Redesignation and Proclamation for Arts, Culture & Creativity Month
City of Nevada City 167th Incorporation Day April 19, 2023 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 March 22, 2023, Regular Meeting
Recommended Action: Review and approve the minutes
2. Accounts Payable – March 2023
Recommended Action: Receive and file the report
3. Police Activity Report March 2023
Recommended Action: Receive and file the report
4. Building Activity Report March 2023
Recommended Action: Receive and file the report
5. Consideration of the Authorization to Purchase Two Storm Damage Replacement Vehicles, One Full-Size Chevy 1500 and One Chevy Colorado; and the Purchase of One New Chevy Tahoe Police Patrol Vehicles from Future Chevrolet of Sacramento in the Total Amount of $157,778.82
Recommended Action: Approve the purchase authorization
6. Consideration of a Purchase Order in an Amount Not-To-Exceed $32,000 for Tube Settlers at the Water Treatment Plant as a Part of Winter Storm Repairs Recommended Action: Approve the purchase order
7. Consideration of the Final Report on the 2017 Gold Country Coalition Brownfield Grant
Recommended Action: Received and file the report.
8. Consideration of Resolution No. 2023-12: A Resolution of the City Council of the City of Nevada City to Extend for 60 Days Proclamation No. 2023-01 and Resolution No. 2023-03 Declaring the Existence of a Local Emergency Due to the December 27, 2022 Winter Storm
Recommended Action: Adopt the resolution
9. Consideration of Resolution No. 2023-14: A Resolution of the City Council of the City of Nevada City to Rescind the Stage 3 (Water Shortage Warning) Drought Declaration and Implement Actions Set Forth for Stage 1 (Normal Water Conditions) in accordance with the March 2015 Drought Action Plan Recommended Action: Adopt the resolution
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.
10. Conduct a Public Hearing in Consideration of Ordinance 2023-04: An Ordinance of the City Council of the City of Nevada City, State of California, Adding Chapter 8.05 (“Vacant Building and Storefront Nuisances”) to Title 8 (“Health and Safety”) to the City of Nevada City Municipal Code, Relating to Vacant Building and Storefront Nuisances; and Consideration of Resolution 2023-14: A Resolution of the City Council of the City of Nevada City, California Establishing a Fee Schedule for Vacant Building Registration Processing and Vacant Building Monitoring Recommended Action: 1) Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for April 26, 2023; and 2) adopt the Resolution establishing vacant building registration and monitoring fees
BUSINESS
11. Consideration of Adoption of Resolution 2023-13: A Resolution of the City Council of the City of Nevada City, California Approving a Permit for In-Lieu Parking Payments for the Three Forks Outdoor Dining Area Located at 211 Commercial Street, Nevada City
Recommended Action: Adopt Resolution 2023-13, for the payment of in-lieu parking fees for the expanded business at 211 Commercial Street
12. Consideration to Accept, Receive, and File the Audit, Financial Statements, and Management Report for Year End June 30, 2021
Recommended Action: Receive a report from the City’s independent audit firm and staff and then accept, receive and file the audit and related documents.
13. Consideration of the Request from the Planning Commission to Initiate a Dark Skies Ordinance
Recommended Action: Approve the request directing the City Manager to add the ordinance development to the process of the Planning Commission in 2023
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 April 12, 2023, Regular Meeting of the Nevada City City Council was posted April 7, 2023, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed April 7, 2023, at Nevada City, California
____________________________________________________________ Gabrielle Christakes, Deputy City Clerk
PROCLAMATION
Arts, Culture & Creativity Month: April 2023
WHEREAS, arts are not only an impressive and important agent for economic development, but also impact societal issues that include health, corrections, housing, immigration, veterans, transportation, and education; and
WHEREAS, it is imperative for all children and youth in the City of Nevada City and all of Nevada County to have access to arts education in their schools; and
WHEREAS, California is the fifth largest economy in the world, with a creative economy of approximately $650 billion in 2020 according to the 2020 Otis Report on the Creative Economy; and WHEREAS, Nevada County’s own creative sector, according to Arts & Economic Prosperity in Nevada County, a study by Americans for the Arts in 2019, generated $46.9 million in total economic activity in annual spending, supported 869 full-time equivalent jobs, generated $20.9 million in household income to local residents, and delivered $5.1 million in local and state government revenue; and WHEREAS, the California Legislature adopted Senate Concurrent Resolution No. 33 on April 25, 2019 and the County of Nevada adopted a Resolution each proclaiming April 2019, and every April thereafter, as Arts, Culture, and Creativity Month; and
WHEREAS, both in Nevada City and in Nevada County the arts serve to give voice to our many communities, spark individual creativity, foster empathy and understanding, spur civic engagement, and serve as a continual source of personal enrichment, inspiration, and growth; and WHEREAS, Nevada City’s support for the arts, arts education, and cultural institutions is crucial to achieve equitable access to the arts throughout Nevada County.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Nevada City hereby proclaims April 2023 as Arts, Culture, and Creativity Month in the City of Nevada City, a companion action to the Nevada County and City of Grass Valley actions, as a significant time to recognize and celebrate the arts, culture, and creativity of all peoples.
Dated this 12th day of April 2023
______________________________________
Doug Fleming, Mayor
PROCLAMATION
Celebrating Nevada City’s 167th Incorporation Day April 19, 2023 WHEREAS, for thousands of years, native indigenous people known as the Nisenan inhabited and thrived on the land now known as the City of Nevada City; and
WHEREAS, a mining camp was founded along Deer Creek in 1849 during the early years of the gold rush and by late 1850 more than 10,000 people found their way to the area surrounding what would become Nevada City; and
WHEREAS, in September 1850 California became the 31st state in the United States and in April of 1851 Nevada County was incorporated with what would become the City of Nevada City as its county seat; and WHEREAS, a first Charter for the Town of Nevada was offered on March 13, 1851, but was repealed in 1852 and the City of Nevada reincorporated in 1853; although that incorporation was recorded in local history, it is not recorded as the State of California recognized incorporation for the city; and WHEREAS, On April 19, 1856, the Senate and Assembly of the State of California passed an “Act to Incorporate the City of Nevada”; the name City was subsequently added to Nevada to become the City of Nevada City as it is known today; and
WHEREAS, The City of Nevada City found great success and was the home of many innovations as a mining town through the beginning of World War II when the large-scale mining all but ended in the City; and WHEREAS, the growth of the City of Nevada City came with the near genocide of the Nisenan people that had inhabited the area for millennia before the gold rush, an impact that they have yet to recover from to this day; and
WHEREAS, the City of Nevada City has seen many changes including the end of the mining era, the rise of the City as a technology hub, the formation of one of California’s first historic districts; and it has experienced a number of threats including the impacts of climate change and the ever present threat of wildfire in a forested fire prone community; and
WHEREAS, through its 167-year incorporated history the City of Nevada City has become known as one of California’s greatest small towns, it is at the crossroads of history and progress simultaneously preserving the appearance of its gold rush and Victorian history while pursuing meaningful growth, innovation, and expansion of services to meet the needs of a modern City; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Nevada City hereby proclaims April 19, 2023, as the City’s 167th Incorporation Day, recognizing the good and the bad that has come through the years, while looking forward to the bright future ahead for those who live, work, play, and thrive in the City of Nevada City.
Dated this 12
th day of April 2023
______________________________________
Doug Fleming, Mayor
1 CITY OF NEVADA CITY
ACTION MINUTES
REGULAR CITY COUNCIL MEETING OF MARCH 22, 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.
CLOSED SESSION – 5:30 Adjourned 6:30
Public Employee Performance Evaluation (§54957) Title: City Manager No reportable action
REGULAR MEETING – 6:33 PM - Call to Order
NISENAN TRIBE RECOGNITION
PLEDGE OF ALLEGIANCE:
Roll Call: Present: Mayor Fleming, Vice Mayor Fernàndez, Council Members Petersen, Kline, and Ceci
ADOPTION OF THE AGENDA:
Action: Motion by Kline, seconded by Fernàndez to adopt the Agenda for March 22, 2023 Meeting (Approved 5-0) Fleming, Fernàndez, Petersen, Kline, and Ceci PUBLIC COMMENT (Per Government Code Section 54954.3)
Please refer to the meeting video on the City’s website at www.nevadacityca.gov.
PRESENTATIONS
Employee Introduction: Tim Brown, Parking Enforcement Officer Proclamation: Women’s History Month
CONSENT ITEMS:
1. Action Minutes March 8, 2023, Regular Meeting
Recommended Action: Review and approve the minutes
2. Fire Activity Report – February 2023
Recommended Action: Receive and file the report
3. Business Development Fee Waiver Program Activity Report February 2023 Recommended Action: Receive and file the report
4. Consideration of a Status Update on the Grove and Gracie Commons Tentative Map Status 2 Recommended Action: Receive and file the status update
5. Consideration to Authorize a Purchase Order in an Amount Not-To-Exceed $177,375 with Robinson Enterprises as a Part of On-Call Emergency Services Contract for Winter Storm Debris Removal
Recommended Action: Award of Professional Services Contract with Siteline Approve the purchase order
6. Consideration of Award of a Professional Services Contract with Siteline Architecture in an Amount Not-to-Exceed $63,825; Authorize a Contingency of 10%, Not-to-Exceed $6,400; and Authorize the City Manager to Sign the Contract
Recommended Action: Award of Professional Services Contract with Siteline Architecture, authorize the contingency, and authorize the City Manager to sign the contract
7. Consideration of Award of Contract and Authorization to Purchase a Mini Excavator from Holt of California in an Amount Not-to-Exceed $103,824 and Authorize the City Manager to Execute the Contract and any Related Documents
Recommended Action: Award the Contract and authorize the City Manager to execute related documents
8. Consideration of a Final Authorization to Implement Community Choice Aggregation in Nevada City through the City’s Participation in the Pioneer Community Energy JPA; Authorize the City Manager to Execute the Authorization; and Approve Resolution 2023-11: A Resolution of the City Council of the City of Nevada City Repealing and Replacing Resolution 2022-63 and Approving the Appointment of City Council Members to Internal and External Committees and Regional Bodies Through June 30, 2023 to Appoint Councilmember Petersen to the Pioneer Community Energy JPA Board
Recommended Action: Approve final authorization of the City’s participation in the Pioneer Community Energy JPA, authorize the City Manager to execute the authorization, and approve the resolution appointing the a councilmember to the Board
9. Consideration of Public Announcement of Future Vacancy on the Fire Safety Advisory Committee and Directing the Solicitation of Applicants for the Vacancy Recommended Action:
Receive and file.
10. Second Reading and Consideration of Ordinance No. 2023-03: An Ordinance of the City Council of the City of Nevada City, State of California, Amending Chapter 8.10 (“Vegetation Management, Debris Removal and Abatement”) of Title 8 (“Health and Safety”) of the City of Nevada City Municipal Code Relating to Vegetation Management, Defensible Space, Burning and Fireworks Regulations
Recommended Action: Hold second reading and adopt the ordinance Action: Motion by Kline, Seconded by Fernàndez to approve items 1-10 on Consent (Approved 5-0) Fleming, Fernàndez, Petersen, Kline, and Ceci
PUBLIC HEARING
11. Consideration of a Public Notification of High Turbidity for the City’s Public Water System Recommended Action: Conduct a public hearing accepting questions and comments from the 3 community and then receive and file the notification
Action: Motion by Kline, Seconded by Ceci to receive and file (Approved 5-0) Fleming, Fernàndez, Petersen, Kline, and Ceci
BUSINESS
12. Consideration of Adoption of the City Fraud Policy
Recommended Action: Adopt the Policy
Action: Motion by Petersen, Seconded by Fernàndez to adopt the City Fraud Policy (Approved 5-0) Fleming, Fernàndez, Petersen, Kline, and Ceci
13. Consideration of Adoption of Resolution 2023-10: A Resolution of the City Council of the City of Nevada City, California Approving a Permit for In-Lieu Parking Payments for the BrewBilt Outdoor Dining / Beer Garden Area Located at 300 Spring Street, Nevada City Recommended Action: Adopt Resolution 2023-10, for the payment of in-lieu parking fees for the expanded business at 300 Spring Street
Action: Motion by Petersen, Seconded by Kline to adopt Adopt Resolution 2023-10, for the payment of in-lieu parking fees for the expanded business at 300 Spring Street with further direction to the City Manager to determine if the repayment schedule could start up to 12 months after certificate of occupancy for the projecdt
(Approved 5-0) Fleming, Fernàndez, Petersen, Kline, and Ceci
14. Consideration of the Appointment of a Council/Community Committee to Review and Make Recommended Revisions to the City’s Mission and Vision Statements Recommended Action: Appoint the selected Council committee for review of the City’s mission and vision statements
Action: Motion by Kline, Seconded by Fernàndez to Appoint the selected Council committee for review of the City’s mission and vision statements
(Approved 5-0) Fleming, Fernàndez, Petersen, Kline, and Ceci CITY MANAGER AND COUNCILMEMBER REPORTS: Verbal report provided ADJOURNMENT: 7:44 PM
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Doug Fleming, Mayor ATTEST:
____________________________
Gabrielle Christakes, Deputy City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: April 12, 2023 Agenda Item No. 02
Subject: Accounts Payable Activity Report March 2023
From: Brittnie Neundorfer, Accounting Technician
Stephen Erlandson, Interim Assistant City Manager
Date: April 5, 2023
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
The attached Accounts Payable Report for March 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 March 2023
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: April 12, 2023 Agenda Item No. 03
Subject: Monthly Statistical Crime Data March 2023
From: Dan Foss, Chief of Police
Date: April 5, 2023
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Receive and file.
ISSUE STATEMENT AND DISCUSSION:
Attached is the monthly statistical crime report from March 2023, for the Nevada City Police Department.
Overall, the officers had a very productive month. Refer to the attached spreadsheet for additional information.
As we enter the warmer spring months, it is a great time for friends and family to get together and enjoy Nevada City for all its wonderful attractions. While enjoying dinner or one of our many outstanding venues that offer alcoholic refreshments to those of age who wish to partake, the Nevada City Police Department would like to remind you that it is never acceptable to drink and drive. Over 30 people are killed daily in vehicle collisions involving an alcohol-impaired drivers. Officers with the Nevada City Police Department will be patrolling regularly, looking for violators, and will diligently enforce violations of driving while intoxicated. Please be safe, drive smart, and respect all our neighbors.
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:
March 2023 Case Report
CURRENT PERIOD SAME PERIOD LAST YEAR CHANGE
Type Number Percent Cleared* Percent Number Percent Cleared* Percent Number Percent Case Report Type
ANIMAL 2 3% 0 0% 2 5% 0 0% 0 0%
ARSON 2 3% 0 0% 0 0% 0 0% 2 200%
ASSAULT - A 2 3% 1 50% 0 0% 0 0% 2 200%
ASSAULT - S 3 5% 0 0% 1 2% 0 0% 2 200%
AUTO THEFT 0 0% 0 0% 1 2% 0 0% -1 -100%
BURGLARY 0 0% 0 0% 1 2% 0 0% -1 -100%
CIVIL DISPUTE 0 0% 0 0% 0 0% 0 0% 0 0%
COURT ORDER 3 5% 1 33% 0 0% 0 0% 3 300%
DECEASED PERSON 1 2% 0 0% 0 0% 0 0% 1 100%
DISORDERLY 1 2% 1 100% 2 5% 0 0% -1 -100%
DOMESTIC DISPUTE 2 3% 0 0% 0 0% 0 0% 2 200%
DOMESTIC VIOLENCE 2 3% 0 0% 0 0% 0 0% 2 200%
DUI 4 6% 3 75% 0 0% 0 0% 4 400%
FOUND PROPERTY 2 3% 0 0% 1 2% 0 0% 1 100%
FRAUD 0 0% 0 0% 1 2% 0 0% -1 -100%
GENERAL 3 5% 1 33% 0 0% 0 0% 3 300%
HIT-RUN 0 0% 0 0% 1 2% 0 0% -1 -100%
HIT-RUN-N 1 2% 0 0% 0 0% 0 0% 1 100%
LIQUOR LAWS 2 3% 1 50% 1 2% 0 0% 1 100%
MENTAL HEALTH 3 5% 0 0% 0 0% 0 0% 3 300%
MISC INFO RPT 2 3% 0 0% 7 18% 0 0% -5 -500%
MVSTOP 1 2% 0 0% 1 2% 0 0% 0 0%
NARCOTICS 0 0% 0 0% 0 0% 0 0% 0 0%
OA 0 0% 0 0% 2 5% 0 0% -2 -200%
OTHER OFFENSE 1 2% 0 0% 0 0% 0 0% 1 100%
RECOVERED VEHICLE 0 0% 0 0% 1 2% 0 0% -1 -100%
RUNAWAY JUVENILE 1 2% 0 0% 0 0% 0 0% 1 100%
SEX OFFENSE 1 2% 0 0% 0 0% 0 0% 1 100%
STOLEN PROPERTY 1 2% 0 0% 0 0% 0 0% 1 100%
THEFT 0 0% 0 0% 1 2% 0 0% -1 -100%
TOW 2 3% 0 0% 3 8% 0 0% -1 -100%
TRAFFIC 1 2% 0 0% 1 2% 0 0% 0 0%
TRAFFIC COLLISION 3 5% 0 0% 2 5% 0 0% 1 100%
TRESPASS 3 5% 2 67% 2 5% 0 0% 1 100%
VANDALISM 1 2% 0 0% 0 0% 0 0% 1 100%
VOIDED CASE NUMBER 1 2% 0 0% 0 0% 0 0% 1 100%
WARRANT ARREST 4 6% 0 0% 4 10% 0 0% 0 0%
Total Case Reports 55 10 35 0 20
RMS-185 v1.10 Printed 4/5/2023 2:50:55 PM Page 1 of 2 Total Pages
CITY OF NEVADA CITY
317 BROAD ST.
POLICE DEPARTMENT
MONTHLY STATISTICAL REPORT
CLEARED BY DISPO STATUS
REPORT PERIOD
March 2023
NEVADA CITY, CA 95959
(530) 265-4700
CURRENT PERIOD SAME PERIOD LAST YEAR CHANGE
Type Number Percent Cleared* Percent Number Percent Cleared* Percent Number Percent Arrest Type
Adult Arrests Felony 10 32% 0 0% 5 42% 0 0% 5 500%
Adult Arrests Misd 19 61% 10 53% 7 58% 0 0% 12 1200%
Juvenile Arrests Felony 0 0% 0 0% 0 0% 0 0% 0 0%
Juvenile Arrests Misd 1 3% 0 0% 0 0% 0 0% 1 100%
Warrant Arrests** 0 0% 0 0% 0 0% 0 0% 0 0%
All Other Arrests 1 3% 0 0% 0 0% 0 0% 1 100%
Total Arrests 31 10 12 0 19
RMS-185 v1.10 Printed 4/5/2023 2:50:55 PM Page 2 of 2 Total Pages * Cleared - Is determined by the case disposition 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 DISPO STATUS
REPORT PERIOD
March 2023
NEVADA CITY, CA 95959
(530) 265-4700
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: April 12, 2022 Agenda Item No. 04
Subject: Building Activity Report March 2023
From: Amy Wolfson, City Planner
Date: April 3, 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 March 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 March 2023
Date
Record
Number Record Type Description Address Status
3/30/2023 230956 Express Permit Install new 1.275 kW PV system on home. 309 CROSS STREET,
Nevada City CA 95959 Received
3/29/2023 230943 Express Permit
Digital. REPLACE HEATING AND COOLING FOR SUITE #2.
Includes one inspection. Final required.
590 SEARLS AVENUE,
Nevada City CA 95959 Issued
3/28/2023 230930 Express Permit
INSTALL NEW 40 AMP 3 PHASE 4 WIRE BRANCH CIRCUIT IN
EXISTING PANEL "L3A" TO SUPPLY A NEW MAIL SORTING
MACHINE IN THE ELECTIONS DEPARTMENT. A 100 AMP NONFUSED DISCONNECT WILL BE INSTALLED ADJACENT TO
MACHINE WITH A SOOW CORD AND HUBBELL PLUG PER
MACHINE SPECIFICATIONS.INCLUDES 2 INSPECTION.
950 MAIDU AVENUE,
Nevada City CA 95959 Issued
3/28/2023 230929 Express Permit
INSTALL 3 NEW 100 AMP NEMA 1 NON-FUSED
DISCONNECTS ON BRANCH CIRCUITS SUPPLYING EXISTING
SERVER UNINTERRUPTED POWER SUPPLIES (UPS) TO BRING
UPS INSTALLATION IN TO COMPLIANCE.INSPECTIONS
INCLUDE 1 INSPECTION.
950 MAIDU AVENUE,
Nevada City CA 95959 Issued
3/27/2023 230902 Express Permit
Digital. Re-roof. Like for like. Cool Comp. 25 squares.
Installed sewer backflow prevention device to be verified at final. Platinum member one inspection. Final required.
521 NURSERY STREET,
Nevada City CA 95959 Received
3/23/2023 230865 Express Permit
Roof Mount Solar, 5.2kw System Size, 13 PV Modules.
Installed sewer backflow prevention device to be verified at final. Includes 2 inspections. Final required.
301 GETHSEMANE
STREET, Nevada City CA
95959 Received
March 2023 Building Activity Report
3/22/2023 230847 Express Permit
Reroof. Like for like. Cool Comp. 21 squares. Backflow
device verified by Nevada City. Platinum member one
inspection. Final required.
206 NEVADA STREET,
Nevada City CA 95959 Issued
3/22/2023 230844 Express Permit Re-roof. Like for like. Cool Comp. 29 squares. 602 LONG STREET,
Nevada City CA 95959 Received
3/22/2023 230832
Over the Counter
Permit
Roof mounted solar array. 14 modules with micro-inverters.
5.67kWIncludes 2 inspections.
237 BOULDER STREET,
Nevada City CA 95959 Finaled
3/20/2023 230790 Express Permit
Web: Replace existing heating and cooling equipment.
System located in/on side of houseThis permit includes 1 inspection. Additional inspections to be paid at current rate.
Final inspection required.
124 BOULDER STREET,
Nevada City CA 95959 Finaled
3/17/2023 230782 Express Permit
Dec 2023 Storm Waiver. Reroof home. 61 squares.
Exemption: Roof with a weight of at least 25 lbs/sf.
Installed sewer backflow prevention device to be verified by inspector at final.Includes 2 inspection. Final required. 310 AMERICAN HILL
ROAD, Nevada City CA
95959 Issued
3/8/2023 230644 Express Permit
DIGITAL: Replace existing heating and cooling equipment.
System located in/on side of house.1 inspection.
106 CLARK STREET,
Nevada City CA 95959 Issued
3/7/2023 230637 Express Permit
Digital. 200 amp Main Service Panel like for like panel replacement. Includes two inspections. Final required.
310 LONG STREET,
Nevada City CA 95959 Issued
3/7/2023 230624 Full Review
In Ground Swimming Pool with Spa 10x25 This permit
includes up to 4 inspections. Additional inspections to be paid at current rate. Final inspection required.
323 ALEXANDER STREET,
Nevada City CA 95959
Ready to
Issue
3/3/2023
23TMP000814 Full ReviewA tenant improvement for a cannabis cultivation and processing facility
201 GOLD FLAT COURT,
Nevada City CA 95959
3/3/2023 230587 Express Permit
Digital. Install new 4 kW PV system on home. 10 modules with microinverters. Backflow device verified. Includes 2 inspections. Final required.
226 NEVADA STREET,
Nevada City CA 95959 Issued
3/2/2023 230586 Full Review
Digital. Roof Mounted Solar System on Home. 27 modules
with microinverters. Installed sewer backflow prevention device to be verified by final. Includes 2 inspections. Final required.
211 SPRING STREET,
Nevada City CA 95959 Issued
3/1/2023 230571 Full Review
Digital: Playground Shade Sail at Cashin's Field Apartment Complex 400sfThis permit includes up to 2 inspections. Final inspection required.
170 RIDGE ROAD,
Nevada City CA 95959 In Review
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: April 12, 2023 Agenda Item No. 05
Subject: Consideration of the Authorization to Purchase Two Storm Damage Replacement Vehicles, One Full-Size Chevy
1500 and One Chevy Colorado; and the Purchase of One New Chevy Tahoe Police Patrol Vehicles from Future Chevrolet of Sacramento in the Total Amount of $157,778.82.
From: Dan Foss, Chief of Police
Date: April 5, 2023
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Approve the purchase authorization.
ISSUE STATEMENT AND DISCUSSION:
The Nevada City Police Department was tasked with finding the replacement for two vehicles damaged during a heavy winter storm in December of 2021. Initially after the storm and related emergency declarations replacement vehicles were not available within the region. After the Police Department was able to find vehicles for their use using government pricing through Future Chevrolet of Sacramento the City was also able to get quotes for the storm damage replacement vehicles. One vehicle was a mid-sized truck assigned to Nevada City Public Works, and the other vehicle was a full-sized truck assigned to Nevada City Water Treatment Plant. Both vehicles were considered a total loss by insurance, and insurance will cover, in part, the replacement cost. The City’s insurance coverage includes current cost replacement. The specific make, model, and configuration of the damaged vehicles are not available but nearly comparable vehicles are. Staff has been in constant contact with the City’s insurance provider and the vendor, and it is anticipated that the cost to the city to replace the two vehicles will be minimal after reimbursement with up to a 2% (less than $2000) cost to the city for the variation in available vehicles. Insurance reimbursement will be finalized after the purchase of the two vehicles.
The final vehicle from the same vendor is a Chevy Tahoe Police package patrol vehicle and is required due to the recently reinstated Nevada City Police Department K9 program. A K9 vehicle is specially equipped to handle the day-to-day tasks and needs of a patrol officer and their K9 partner. Although the total cost of the vehicle is included in the report, the Nevada City Police Department is anticipating a large amount of donations and non-profit funds to cover this expense. Once the donations are completed, a staff report will be provided, recognizing the community assistance. We anticipate at least half the vehicle cost to be covered through donations. It should be noted that this is for the vehicle only, and some future expenses for outfitting the vehicle should be expected.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The COPS/SLESF account would provide all funding for purchasing all three vehicles. This account will be refunded once the city receives donations for the K9 vehicle and the insurance reimbursement. • $63,412 for Chevy Tahoe Patrol Vehicle.
• $52,231.82 full-sized Chevy truck. Replacement for the wastewater treatment plant. • $42,135 mid-sized truck replacement for public works.
Once placed in service, insurance, ongoing maintenance, and operations expenses will be covered by the existing City budget. The vehicle changes will be reflected in the fleet replacement program to be presented with the Fiscal Year 2023/2024 Budget and Capital Improvement Program (CIP) update.
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:
The adoption of the Resolution does not constitute a project and is therefore exempt from the requirements of CEQA in accordance with Section 15378(b)(4) and (5).
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Future Chevrolet of Sacramento price quote for 2023 Tahoe Future Chevrolet of Sacramento price quote for 2023 Full-sized truck Future Chevrolet of Sacramento price quote for 2023 Mid-sized truck /?9g7 D/
CHEVROLET
4811 MADISON AVE
Sacramento, CA 95841
Dennis McDermit
916-390-9612
Fleet Manager
Date:
Invoice:
Sold to: CITY OF NEVADA CITY
3/30/23
PR150408
Address 317 BROAD STREET
Ship to:
Address
NEVADA CITY POLICE DEPARTMENT
ATTENTION: DAN FOSS
Year Make Model New/Used
2023 CHEV
TAHOE PPV 4X4 WITH
BALISTIC DOORS AND
SEARCH LIGHTS
New
Please pay from this
invoice. No statement will
be rendered.
Payment due W/I 20 days
ORDER # Vin# R/S Key Code Amount $
CV00355
Received by:
Date recv'd:
1 GBSKLED9PR150408
BLACK IN COLOR
BID ASSISTANCE
SUB TOTAL
N/A
Tax
DOC FEE, TITLE
TRANSFER
DELIVERY
$63,552.00
-$5,150.00
$58,402.00
$4,892.00
$118.00
Included
Total Due $63,412.00
PHONE (916) 331-6777
4811 MADISON AVENUE • SACRAMENTO, CALIFORNIA 95841
CHEVROLET FLEET CENTER
DATE : ': 03-6-23
QUOTE # C42614
Future Chevrolet Fleet Services
4811 Madison Ave.
Sacramento CA, 95841
www. futu rechevyofsac. corn
Dennis McDermit, Fleet Sales
Cell 916.390.9612
Direct 916-338-7324
[email protected]
CUSTOMER NAME Chief Dan Foss Phone 530-265-2626
ADDRESS Nevada City Police Department
317 Broad Street
Nevada City, CA 95959
EMAIL ADDRESS [email protected]
YEAR Vehicle YINI0RDER#IB1D#
2023 Chevy Silverado 1500 Crew Cab Four Wheel Drive C42614 Item Description:
2023 Chevy Silverado 1500 Crew Cab Eight Speed Automatic with 2.7 L Turbo Gasoline Engine • Items included in every purchase from Future Chevy Fleet Center • Dedicated Dealer Representatives, both Service and Sales • Seamless Paperwork Prior to Delivery
DEALER ASKING PRICE $54,490.00
YOUR Future Price $48,090.00
Sales Tax $ 4,029 @ 8.375%
DMV/Title/Fees $ 118.00
REBATES $ (6,400.00) Shown above
TOTAL DUE $52,237.00
1 Vehicle Locator
FUTURE CHEVROLET
4811 MADISON
SACRAMENTO, CA 95841
Phone: 916-331-6777
Fax: 916-332-9719
Model Year: 2023
Make: Chevrolet
Model: 1500 Silverado
4WD, Short Crew-CK10543
PEG: Custom Preferred Equipment Group-1CX
Primary Color: Northsky Blue Metallic-GAO
Trim: IWT/I LT/1SP/2LT/1 FIJI LS-Cloth, Jet Black, Interior Trim-HOU
Engine: Engine: 2.7L, Turbo-L3B
Transmission: 8-Speed Automatic-MQE
Event Code: 5000-Delivered to Dealer
Order #: CBMPR6
Order Type: TRE-Retail Stock
Stock #: C42614
Inventory Status: Available
Additional Vehicle Information
GM Marketing Information
Vehide`up1
Chargeable Options
2.7L TURBO HIGH-OUTPUT ENGINE CREDIT1SZ
Auto Locking Differential, Rear-G80
CREDIT - NOT EQUIPPED WITH REAR USB
PORTS-RFO
Customer Choice-R7N
Integrated Trailer Brake ControllerJLI
MSRP
•$1,500.00
$395.00
-$25.00
-$50.00
$275.00
No Cost Options
ICX Custom Value Package-PDX
1CX/2CX Convenience I Package-PCX
8-Speed Automatic-MQE
California Emissions-YF5
Engine: 2.7L, Turbo-L3B
GVW Rating 7000 Lbs-05W
Rear Axle: 3.42 Ratio-GU6
Wheels, 20" x 9" Silver Painted Aluminum-NZP
Other Options
120 Volt Electrical Receptacle, In Cab-KI4
2-USBs, Second Row Charge/Data Ports-UBI
Automatic Emergency Braking-UHY
Cruise Control-K34
Defogger, Rear Window, Electric-C49
Floor Covering: Carpet, Color Keyed-B30
Following Distance Indicator-UE4
Glass, Deep Tinted-AKO
Keyless Remote Entry-AQQ
Lighting, Cargo Box, LED-UF2
Northsky Blue Metallic-GAO
Power Door Locks-AU3
Rear Vision Camera, HD-UVB
Remote Access Plan-PRF
Seats: Front 40/20/40 Split-Bench, Full FeatureAZ3
Sensor, Front Pedestrian Braking-UKJ
Spare Tire Lock-SAF
Standard Tailgate-QK1
Theft Protection System, Unauthorized EntryUTJ
Tires: 275/60 R20 All Season, Blackwall-QAB
1 WTl1 LT/1 SP/2LT/1 FL/1 LS-Cloth, Jet Black,
Interior Trim-H0U
Alternator, 220 AMP-KW5
Chevrolet Infotainment, 7" Color Screen-IOR
Custom Preferred Equipment Group-ICX
Durabed-E63
Focused Ordering Configuration-RFQ
Front License Plate Mounting Provisions-VK3
Headlamps, Intellibeam-TQ5
Lane Keep Assist/Departure Warning-UHX
Mirrors, O/S: Power, Heated-DLF
OnStar Communication System-UE1
Power Seat Adjuster (Driver's Side)-A2X
Recovery Hooks-V76
Remote Engine Starting Pkg-BTV
Sensor, Forward Collision Alert-UEU
SiriusXM Satellite Radio (subscription)-U2K
Speaker System: Standard Sound SystemUQF
Tailgate Function—EZ Lift, Power Lock 8
Release-QT5
Tire, Spare: 255/80 R17 All Season, BlackwallQAQ
Trailering Package-Z82
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CH EVRO FLEET CENTER
DATE''' 03-6-23
QUOTE St In Route to
Dealership
Future Chevrolet Fleet Services
4811 Madison Ave.
Sacramento CA, 95841
www. futu rechevyofsac. corn
Dennis McDermit, Fleet Sales
Cell 916.390.9612
Direct 916-338-7324
DMCDERMIT@FUTURECHEW OFSAC.COM
CUSTOMERNAME ` Chief Dan Foss Phone 530-265-2626
ADDRESS
-
Nevada City Police Department
317 Broad Street
Nevada City, CA 95959
EMAIL ADDRESS [email protected]
YEAR Vehicle'>, VIN/0RDER#IBID# '
2023 Chevy Colorado Crew Cab Four Wheel Drive Order CGVQW2 Item Description:
2023 Chevy Colorado (Build Sheet Included)
• Items included in every purchase from Future Chevy Fleet Center • Dedicated Dealer Representatives, both Service and Sales • Seamless Paperwork Prior to Delivery
DEALER ASKING PRICE $38,770.00
YOUR Future Price $38,770.00
Sales Tax $ 3,247.00 @ 8..375%
DMV/Title/Fees $ 118.00
REBATES No Rebates on this Vehicle
TOTAL DUE $42,135.00
1 gm Vehicle Locator
FUTURE CHEVROLET
4811 MADISON
SACRAMENTO, CA 95841
Phone: 916-331.6777
Fax: 916-332-9719
Model Year: 2023
Make: Chevrolet
Model: Colorado
Work Truck Crew Cab-14O43
PEG: Work Truck Option Package 4WD-4WT
Primary Color: Summit White-GAZ
Trim: Jet Black, Cloth-HIT
Engine: Engine: 2.7L Turbo Plus-L3B
Transmission: TRANSMISSION AUTO 8 SPD, 8L80, GEN 2,
ATSS, CPA-MFC
Event Code: 4104-Bailment Invoice
Order #: CGVQW2
Order Type: TRE-Retail Stock
Stock #: N/A
Inventory Status: Available
Additional Vehicle Information
GM Marketing Information
All Options
ADJUSTER DRIVER SEAT SWAY, PWR
RECLINE, PWR FORE/AFT, PWR HEIGHT, PWR
T ILT-A2X
Black Exterior Molding, B/S, Side Window-BW5
California Emissions-YF5
Communication Equip Mobile Internet
Connectity-VV4
EZ-Lift and Lower Tailgate-PPA
Electronic Automatic Cruise Control-KM
Enhanced Audio Speaker System-UQ3
Floor Covering, Carpet-B30
Front License Plate Kit-VK3
GENERATOR 220 AMP-KW5
IMAGE ADJUSTMENT HITCH VIEW-PZS
Interior Rearview Tilt Mirror-O31
LOCK CYLINDER RR COMPT-BDR
MIRROR O/S LH & RH, RC, ELEC, MANFOLD,
FLAT/DRVR, CNVX/PASS-DWV
OnStar Communication System-UE1
Rear Axle, 3.42 Ratio-GU6
Remote Access Plan-PRF
Remote Locking Tailgate-A91
SALES PACKAGE CONVENIENCE ll-6K5
SEAT FRT BKT-A50
SiriusXM Satellite Radio-U2K
Summit White-GAZ
Tire, Spare: 255/65R17, All-season, BlackwallZAO
Tow/Haul Mode-5GD
Trailering Package-Z82
WT Convenience Package-PCY
Work Truck Option Package 4WD-4WT
Automatic Emergency Braking-UHY
COMPARTMENT STOWAGE TAILGATE-BPC
Chevy Safety Assist-PED
Driver Control Seat, Power Lumbar-AL9
Electric Rear Window Defogger-C49
Engine: 2.7L Turbo Plus-L3B
Exterior Door Handles, Black-D72
Forward Collision Alert-UEU
Front Recovery Hooks-VJQ
High Definition Rear Vision Camera-UVB
Infotainment Display-URL
Jet Black, Cloth-HIT
LOCK MANUAL CHILD LOCK SYSTEM (REAR
DOOR LATCH)-NCH
MIRROR PROVISIONS HOUSING, MOLDED
W/COLOR-DP5
PHONE PROJECTION PHONE PROJECTION
WIRELESS-PPW
Rear Sliding Window-A28
Remote Keyless Entry-ATG
SALES PACKAGE CONVENIENCE-ZL3
SEAT BELT COLOR BLACK (10)-719
Single-Zone Manual Air Conditioning-C67
Spare Wheel, 17 x 8.0 Steel-RM7
TRANSMISSION AUTO 8 SPD, 8L80, GEN 2,
ATSS,CPA-MFC
Tire: 255/65R17 All-season, Blackwall-QHR
Trailer Brake Controller, IntegratedJLI
WHEEL 17 X 8.0, J, STEEL, DESIGN 2-RD6
WT Convenience Package II-PCU
indicates vehicle belongs to Trading Partner's inventory Disclaimer:
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: April 14, 2023 Agenda Item No. 06
Subject: Consideration of a Purchase Order in an Amount NotTo-Exceed $32,000 for Tube Settlers at the Water Treatment Plant as a Part of Winter Storm Repairs
From: Michael Faudoa, Chief Plant Manager
Bryan McAlister, City Engineer
Date: April 2, 2023
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Approve the purchase order.
ISSUE STATEMENT AND DISCUSSION:
At the March 3, 2023, Regular City Council meeting the Council adopted Resolution No. 2023-09: A Resolution of the City Council of the City of Nevada City, California, Ratifying Proclamation No. 2023- 02 of the City Manager Acting is His Role as the Director of Civil Defense and Disaster Declaring an Emergency Due to the February and March 2023 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).
The Nevada City Water Treatment Plant operates in compliance with State Water Resources Control Board Division of Drinking Water requirements. An important part of the treatment process is the clarifier basins which are used to settle out suspended solids. Tube settlers were damaged beyond repair in both basins due to the weight of snow during recent storm events. City staff solicited quotes for replacement tube settlers from manufacturers.
The price quote from DC Frost is for replacement of 16 units (one basin only) at a cost estimate of $9,286.00. Total amount for both sides would be $18,572.00. These units are “frameless” style meaning that they are manufactured without a support structure frame. Delivery time would be 3 months + due to the manufacturer having to “retool” their machines.
The price quote from AET is for $16,000.00 per side, total of $32,000.00. Although this is a higher amount, the units would be framed for support which is expected to increase the longevity of the product. The manufacturer can expedite delivery within 4 weeks, which is necessary so that the product is available for use during summer peak water treatment demands. Staff recommends that the product be purchased from AET.
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 General Fund and Measure M local tax funds..
Funding is provided on a reimbursement basis.
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:
Not applicable.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Quotes for Tube Settlers
Quotation
Date
3/22/23
Quote #
105860
Nevada County - C.D.A.
Acccounting
950 Maidu Avenue
Nevada City, CA 95959
Ship To
Nevada County WW Division
Clint Piper (530-913-7130)
10803 Riata Way
Auburn, CA 95602
Bill To
DC Frost Associates, Inc
Equipment
Brentwood
Model
Brentwood
FOB
Fact. PPA
Project/Serial #
Quote Prepared By: Jeff Rabas Total:
Phone: 530-913-7713
E-mail: [email protected]
subsidiary of Coombs-Hopkins Company
8706 South 700 East, Suite 201
Sandy, UT 84070
Phone: 800-964-9733 / Fax: 303-477-1981
PRICES QUOTED HEREIN ARE VALID FOR 30 DAYS. PAYMENT TERMS: Net 30 If prices quoted do not include sales or use tax, such taxes, if required, are to be paid by the Purchaser.
DCF TERMS & CONDITIONS APPLY ON ALL ORDERS (copy available upon request).
PO No.:______________________________
Title: _______________________________
Date: _______________________________
CUSTOMER QUOTATION ACCEPTANCE:
Signature:_______________________________________
Name: __________________________________________
Line Qty Description Unit Price Total
Part AWWW28355S, Tube Settler IFR6024-OG/
BW-24X24X120-PPVC-BU- NSF - Cut to 16PCS - 20 X 24
X 120
a 16 539.93 8,638.88T
FREIGHT CHARGES ARE EXTRA AND WILL BE ADDED
TO ALL INVOICES. Manufacturer will not provide freight
estimates. Manufacturer will determine how parts will ship and provide an estimated ship date once order processed. b 1 0.00
Lead Time 3+ Months due to Re-Tooling
DAMAGES/SHORTAGES: All parts orders must be
inspected within (5) business days after receipt with Buyer reporting any damages/shortages to DC Frost Associates, Inc. in writing, identifying parts damaged, quantity and must include pictures of the damage.
0.00 0.00
Sales Tax 647.92 647.92
0.00 $9,286.80
PROPOSAL # 2023 – 0138 (NEVADA CITY) PAGE 1 OF 9
Aqua Equip Technologies LLC, 1302 Waugh Dr., #836, Houston, TX 77019 Michael Faudoa
Chief Plant Operator, WWTP/WTP
City of Nevada City
317 Broad Street
Nevada City, CA 95959
Ship to party:
EXW Houston, TX
AET LLC will provide lamella settler blocks and stainless steel framing for two basins. Each basin includes 16 packs each 120 x 24 x 20” (L x W x H).
Position Material description Quantity Unit price Total 01 AET LS50 Lamella settler packs
Input: 16 packs per basin each 120 x 24 x 20”.
NSF61 certified material for drinking water
Design:
AET lamella settler blocks H = 20”
Channel dimensions: 50 x 125mm
60-degree channel slope
Blue Polypropylene plastic
Incl. stainless steel 304 frames.
2 tanks 16,000.00
USD
32,000.00
USD
Net total: 32,000.00 USD
Delivery date: 4 weeks for first 16 packs
12 to 14 weeks for remaining 16 packs
Terms of delivery: EXW Houston, TX
Terms of payment: 50% prepayment, 50% 30 days after delivery of first 16 packs.
Proposal
Our proposal number / date
2023-01368 / Mar 27th, 2023
Your inquiry number / date
Email / Mar 27th, 2023
Contact
Karl-Uwe Schmitz
727 238 2504
[email protected]
PROPOSAL # 2023 – 0138 (NEVADA CITY) PAGE 2 OF 9
Please take note that the quoted price is excluding of any Federal and/or State and/or Municipal Sales, Use or Consumption Taxes. The Contract value and/or Invoices will be adjusted to include any Taxes that might be assessed as applicable.
Pictures by client:
Tube settler sections
PROPOSAL # 2023 – 0138 (NEVADA CITY) PAGE 3 OF 9
Product information
Figure 1: Tube settler LS50 and channel design
LS50 LS100 LS65 LS38
PROPOSAL # 2023 – 0138 (NEVADA CITY) PAGE 4 OF 9
Selected references:
WV, USA: 4 Basins each 2.5MGD – Drinking water application PROPOSAL # 2023 – 0138 (NEVADA CITY) PAGE 5 OF 9
TX, USA: 1 Basin 2MGD – Wastewater treatment
PROPOSAL # 2023 – 0138 (NEVADA CITY) PAGE 6 OF 9
AB, Canada: 1 Basin 2MGD – Industrial wastewater and CFD study PROPOSAL # 2023 – 0138 (NEVADA CITY) PAGE 7 OF 9
PRICING NOTES / CLARIFICATIONS
Included in the Scope of Supply are:
Tube settler system as described on page 1 to 2
Documentation and drawings as specified.
Not included in the Scope of Supply are:
All unloading, cutting or other field modifications
Equipment installation
Freight to job site
Supervision
Concrete works
Disposal of all materials delivered to the job site
1. Pricing is valid until May 15th, 2023.
2. Firm mutually acceptable delivery schedules to be established upon Submittal review and acceptance by project engineer and contractor. Please contact us to arrange for delivery schedule.
3. Contractor to field verify all dimensions, quantities stated above are based on AETs review of the project specifications and plans. Contractor to confirm accuracy of all quantities and maintain usage within the limits of proposed quantities.
4. Shipping delays that exceed one month from the originally established delivery schedule may result in an invoice for stored materials.
5. Pricing does not include installation services.
6. All costs for Payment and Performance bonds (if required) are by Client Company.
7. Please take note that the quoted price is excluding of any Federal and/or State and/or Municipal Sales, Use or Consumption Taxes. The Contract value and/or Invoices will be adjusted to include any Taxes that might be assessed as applicable.
8. Pricing is based on the specified scope of work. Deletion or addition of scopes of work may require a revision of pricing.
9. Any final negotiated contract is subject to approval by AET LLC.
PROPOSAL # 2023 – 0138 (NEVADA CITY) PAGE 8 OF 9
Terms & Conditions
1. APPLICABILITY. These Standard Conditions of Sale shall apply to all quotations issued and orders accepted (“Order”) by AET LLC (the “Company”), and shall take precedence over any terms and conditions set forth in any purchase order or other communication issued by the purchaser and all other terms and conditions are hereby explicitly rejected.
Sale may not be modified except in writing by an authorized representative of the Company.
2. PROPOSALS. Written quotations are valid for 30 days unless otherwise stated in writing. Prices shown in published price lists or other literature are not offers to sell by the Company and are subject to confirmation by specific quotations.
All price lists and discounts are subject to
change without notice prior to acceptance of an Order.
3. ORDER. All purchase orders received from the purchaser are subject to acceptance by the Company. Shipping dates are subject to final confirmation or change by the Company and are based on prompt receipt of all necessary information regarding the Order.
4. PAYMENT TERMS. Payment terms are determined by the company and stated in the proposal. No deductions are to be made from amounts due unless specifically authorized by the Company in writing.
5. TAXES. The Company’s prices do not include sales, use, or excise taxes, tariffs, duties, or export fees. In addition to the purchase price, there shall be added to the billing price an amount equal to any applicable sales, use, excise or other tax levies on the sale or use of the apparatus ordered by the purchaser.
6. HELD ORDERS. Should shipment of an Order be delayed beyond the original scheduled shipping date for the convenience of the purchaser or because of lack of shipping instructions, such an Order is referred to as a held Order.
The Company will be entitled to storage charges, deferred payment and any other expenses incurred as a result of the delayed shipment. Billing will be issued immediately for all held equipment and charges, and payment in full is due 30 days from invoice date. Additional charges on held Orders will, in some instances, be equal to cancellation charges. Held goods and material will be stored at purchaser’s expense and at the purchaser’s risk.
7. RESCHEDULED ORDERS. The Company requires an advance notice of 30 days to readjust schedules on shipping dates revised by the purchaser. All reschedules must include new scheduled shipping dates or the Order will be considered a “held” Order and any additional charges will be for the purchaser’s account.
8. DELIVERY. Unless specified differently in the Order, shipments are FCA point of manufacture, freight collect. The Company will choose the routing of shipments unless the purchaser specifies a routing.
9. SHIPPING DATES. The Company shall not be responsible or liable for any loss, damage, detention or delay resulting from causes beyond its control, including but not limited to fire, strike or other labor action, civil or military authority, preference ratings issued by the United States Government or any department branch or representative thereof, insurrection or riot, embargoes, or delays in transportation or inability to obtain necessary labor, materials or manufacturing facilities due to such causes, nor in any event for consequential damages. The Company expressly rejects any penalty or liquidated damage clauses in purchase orders or contact, which relate to the Company’s failure to meet target shipping dates, except in those specific cases where such clauses are required by law and approved in writing by the Company.
PROPOSAL # 2023 – 0138 (NEVADA CITY) PAGE 9 OF 9
10. WARRANTY. Company warrants that the products or goods delivered will conform to the specifications provided by the purchaser for such products or goods, and will be free from defects in material and workmanship for a period of one (1) year from the date of shipment. Any claims
under this warranty must be made in writing to the Company within 30 days of the discovery thereof. The Company’s obligation under this warranty shall be limited to the repair or replacement at the Company’s option, of the product or goods, or any part thereof. When the Company has determined the product is not as warranted; any product or parts repaired or replaced pursuant to this warranty will be warranted for the remainder of the original warranty period. The Company is not responsible for and does not warrant equipment furnished by the purchaser or any defects caused thereby. The Company shall not be responsible for any claims, which the Company determines are due to improper installation, operation, above rated capacity or accident, or because the product has been used, adjusted, altered, handled, maintained or stored other than as directed by the Company. For any returns, the purchaser must apply for authorization before returning any product to the factory for credit. The Company will advise the purchaser of the credit to be allowed and necessary restocking charges on unused materials, subject to Company’s inspection and acceptance when received.
This warranty is exclusive and in lieu of all other warranties and representations, expressed or implied or statutory, whether written or oral, including but not limited to any warranty of merchantability or fitness for any particular purpose, and any implied warranty from any course of performance or dealing or trade usage.
DEALING OR TRADE USAGE.
12. INDEMNIFICATION. Purchaser shall indemnify and hold harmless Company, its owners, parents, affiliates subsidiaries, officers, directors, employees, and agents, from any and all liability, loss, expense (including reasonable attorneys' fees and costs incurred by Company) with respect to (a) claims of misuse of proprietary information, and infringements of patents, trademarks or copyrights based on designs, drawings, specifications or other information which purchaser provides to Company or which are developed by Company or others in conjunction with AET LLC.
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: April 12, 2023 Agenda Item No. 07
Subject: Consideration of the Final Report on the 2017 Gold Country Coalition Brownfield Grant.
From: Dawn Zydonis, Parks & Recreation Manager
Date: March 23, 2023
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Receive and File the report.
ISSUE STATEMENT AND DISCUSSION:
Nevada City participated in a Brownfield Assessment Grant Program with the City of Grass Valley and the County of Nevada. The grant was applied for and awarded to the City of Grass Valley. Nevada City was a coalition participant. The City’s participation included being on the interview panel to decide the agency that would assist the City of Grass Valley with the assessment work to be completed, consideration of properties in Nevada City that could be included in the grant project scope and providing information and access to the Old Airport property for analysis.
The attached staff report presented to the City Council of Grass Valley provides the full details of the grant scope and accomplishments.
Also attached is the Phase I Environmental Site Assessment (ESA) document provided from the sampling and assessment work completed at the Old Airport property.
FINANCIAL AND/OR POLICY IMPLICATIONS:
This project was fully funded by the EPA grant program. Nevada City staff did provide time for participation in interviews and related work at the Old Airport Property.
STRATEGIC PLAN ALIGNMENT:
Although this project was started and completed prior to the current Strategic Plan, it does align with Infrastructure Goal #1: Review the previous Old Airport Plan and make recommendations to reengage in the plan or pursue alternatives.
ENVIRONMENTAL CONSIDERATIONS:
This is a informational item only, so does not constitute a project and is therefore exempt from the requirements of CEQA in accordance with Section 15378(b)(4) and (5). However, the Phase I ESA document will be on file as historical information should a project at the Old Airport be proposed.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
BFA Coalition Grant Staff Report for City Council of Grass Valley Phase I Environmental Site Assessment for the Old Airport Open Space area City of Grass Valley
City Council
Agenda Action Sheet
Title: Acceptance of the Final Report on the 2017 Gold Country Coalition Brownfield Grant
CEQA: Not a Project
Recommendation: Accept the Final Report and direct staff to submit it to the United State Environmental Protection Agency program manager.
Prepared by: Thomas Last, Community Development Director Council Meeting Date: 3/15/2023 Date Prepared: 3/8/2023 Agenda: Administrative
Background Information: In late 2016, the Cities of Grass Valley and Nevada City, along with Nevada County partnered in a coalition grant application for the Brownfield Community-Wide Site Assessment program. The intent of the partnership was to obtain funds to complete assessment work on properties that may have been impacted by hazardous substances and petroleum products. On September 9, 2017, the U.S.
Environmental Protection Agency (EPA) awarded the Gold Country Coalition partners a grant in the amount of $598,312. The City of Grass Valley staff managed the coalition grant. The City selected Holdrege and Kull (now NV5) to complete the technical studies and to assist in grant implementation. Overall, the grant funded various levels of site assessments and cleanup plans on twelve (12) properties. As a result, five (5) of the Brownfield locations were cleared for some form of redevelopment and reuse, and Five (5) cleanup plans were approved. Staff anticipates two of the property’s cleanup plans to be approved under the recently awarded 2022 Brownfield grant.
Council Goals/Objectives: This action implements the goals and projects in the Strategic Plan, specifically objectives: 1.A.9 – restore and improve waterways; 1.B.3 – enhance efforts to clean up neighborhoods and commercial areas; 4.C.6 – organize the development of priority development areas through public/private partnerships, grant funding, and public engagement; and 5.A.5. Work toward improving the City’s communication and collaboration with Nevada County and other public agencies.
Fiscal Impact: None, program funded with grant.
Funds Available: N/A Account #: N/A
Reviewed by: __ City Manager
Attachments: Final Report
Item # 10.
2017 BF – Final Report Page 1 of 5
GOLD COUNTRY COALITION
2017 BROWNFIELDS COMMUNITY-WIDE ASSESSMENT
FINAL REPORT
Cooperative Agreement Number: BF-99T62701
Date Submitted: 3/14/2023
Prepared by:
Thomas Last, Community Development Director
City of Grass Valley
Submitted to:
City Council of Grass Valley,
City Council of Nevada City,
Board of Supervisors of Nevada County,
and
Eric Byous, EPA Project Officer
EPA San Francisco, Region 9
75 Hawthorne St., WST-5
San Francisco, CA 94105
Program Summary
In late 2016, the Cities of Grass Valley and Nevada City, along with Nevada County partnered in a coalition grant application for the Brownfield Community-Wide Site Assessment program. The intent of the partnership was to obtain funds to complete assessment work on properties that may have been impacted by hazardous substances and petroleum products. On September 9, 2017, the U.S. Environmental Protection Agency (EPA) awarded the Gold Country Coalition partners a grant in the amount of $598,312. The City of Grass Valley managed the coalition grant and was responsible to EPA for management of the cooperative agreement, and for compliance with the agreement’s terms and conditions, as well as the applicable statutes and regulations. The area of assessment primarily included mine-scarred lands that were vacant or constrained for development. The Coalition members recognized that many abandoned mine sites present obstacles to planned development, and present exposure risks for nearby residents, casual recreational users, and the natural environment. After initial community outreach, the Coalition Partners selected priority sites in the region to begin assessment work.
Overall, the grant funded various levels of site assessments and cleanup plans on twelve (12) properties. As a result, five (5) of the Brownfield locations were cleared for some form of redevelopment and reuse and five (5) cleanup plans were approved. The last page of this report includes a table of the properties assessed with this grant.
Overall Project Goals
The approved Workplan for this grant included multiple goals to promote public health and safety, increase public education, clear properties for redevelopment or provide a path for cleanup, and reuse the land for housing or economic development purposes. As noted in this report, five of the twelve properties were cleared for some form of redevelopment. Additionally, the outreach efforts afforded to by the grant and work with the Sierra Fund has resulted in extensive public education of potential hazardous legacy sites in the community.
Item # 10.
2017 BF – Final Report Page 2 of 5
Successes
As noted in the Summary above, the work efforts created by this grant have resulted in multiple successes in clearing properties for reuse. As the grant progressed, the City successfully utilized the funds to work on three unanticipated sites/projects. Specifically, to assist in the assessment of three properties owned or purchased by the City of Grass Valley for a new Corporation/Maintenance yard, and for two sites to be used for parking and trail access for the Wolf Creek Trail.
Lessons Learned/Best Practices
Working with organizations like the Sierra Fund can greatly assist a community and the Sierra Foothill region in the public education and outreach efforts. Though much improved upon with this grant compared with past Brownfield Grants, a continued difficult lesson learned, is the costs and time it takes to work with DTSC. DTSC’s general oversight, budget costs, and billing processes creates some uncertainty and additional local staff time monitoring the cleanup plan process. There appears to be a common goal with local, state, and federal agencies to identify hazardous sites and develop a path forward for cleanup and redevelopment, but the costs and time to accomplish this tends to make this effort too complex. However, because of staff’s persistence and involvement in a DTSC-sponsored working group, DTSC has recognized these issues and are making efforts to improve its review processes.
Partnerships/Leveraging
This coalition grant established a partnership between the Cities of Grass Valley and Nevada City and Nevada County. The three entities worked together to identify and prioritize properties in need of assessment. We believe the success of the 2017 EPA coalition grant was partially due to the leveraging and partnerships established by the three previous Brownfield grants. This grant also allowed the City to work with Habitat for Humanity on securing additional assessment funds and to create a partnership for possible reuse of remediated Brownfield sites that met residential standards for affordable housing.
Coalition staff members formed a working group with a purpose of determining if the County Environmental Health Department was interested in once again becoming the lead regulatory authority for less complex Brownfield sites. Staff held several meetings some of which included consultation with state and federal agencies to review less complicated sites. The Coalition’s informal working group, with input and technical assistance from EPA, DTSC and RWQCB, discussed the oversight of less complicated Brownfields sites. However, during this process, State legislation was passed requiring local agency certification for oversight of Brownfields sites, and the DTSC developed a local agency certification process. Because the local health department is not certified to oversee Brownfields characterization and cleanup, we anticipate that State oversight by the DTSC or RWQCB will be necessary for cleanup and revitalization of most Brownfields sites.
Project Management
City staff performed programmatic management of the grant, including the development and procurement of a qualified consultant team. This procurement, along with other approved procurements, complied with terms of the EPA Brownfield Cooperative Agreement. The City developed a project plan; held regular project team meetings; prepared periodic project reports and quarterly reports to EPA; completed required ACRES, MBE/WBE, and other financial reports; facilitated meetings with regulatory/oversight agencies to review the project progress; and prepared this Final Summary Report.
Item # 10.
2017 BF – Final Report Page 3 of 5
Inventory of Potential Sites and Re-Use Planning
The extent of Brownfield sites in and around the Grass Valley and Nevada City area is very large.
As such, the City had a very positive response and participation rate in the City’s three previous EPA Brownfield grants. The past grants helped establish an extensive inventory of potentially contaminated sites. When the City concluded 2013 grant, many priority sites remained unaddressed. The purpose of this task in 2017 was to identify priority sites within both cities and the respective Spheres of Influence which, based on prior site uses, may have known or suspected contamination, and have development or redevelopment potential. Of those identified in the inventory, sites determined to be of greater potential for development, were considered a priority site. Once the priority sites were determined, the City refined the list to separate petroleum sites from hazardous substance sites, using EPA’s Brownfields criteria. The outcome was the City inventoried and ranked sites for assessment and refined re-use strategies based on information from the assessments. As the project progressed, the City of Grass Valley purchased several properties with expected contamination. These properties were added to the inventory and assessed.
Phase I Environmental Site Assessments (Site Historical Research) This task consisted of performing Phase I ESAs for petroleum and hazardous substance sites in general accordance with ASTM 1527-13/21 standard and All Appropriate Inquiry (AAI) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The grant provided funds for Phase I assessment of ten (10) properties:
Roundhole Parcel, APN 09-690-37-000, Whispering Pines Lane Sierra Terrace Property , APN 008-210-014-000, West Berryhill Drive Bitton Property, APN 009-190-007-000, East Main Street Old Nevada City Airport, Airport Road and Picton Way
530 Freeman Lane, APN 029-290-024-000
131 Colfax Avenue
309 Mill Street
La Barr Meadows North, APNs 009‐620‐003, 022‐031‐009 and 022‐140‐035 Bear River Mill Site East, La Barr Meadows Road
Idaho-Maryland Road and Sutton Way Trailhead Property Phase II Assessments (Field Sampling and Testing)
This task consisted of actual field testing of properties in which Phase I reports concluded contamination may be an issue. The planned outcome of this effort was to is to clear the properties from further assessment or move these sites forward to clean-up planning and remediation to the level required for planned re-use. The grant provided funds for workplans and Phase II assessments of ten (10) properties:
Roundhole Parcel, APN 09-690-37-000, Whispering Pines Lane Sierra Terrace Property , APN 008-210-014-000, West Berryhill Drive Bitton Property, APN 009-190-007-000, East Main Street Old Nevada City Airport, Airport Road and Picton Way
Berriman Ranch, Taylorville Road
South Auburn Street Properties (south of Adams Lane)
Empire Meadows Property (east of South Auburn Street and North of McKnight Way) 530 Freeman Lane, APN 029-290-024-000
309 Mill Street
Bear River Mill Site East, La Barr Meadows Road
Item # 10.
2017 BF – Final Report Page 4 of 5
Clean-Up Strategies (Approved Strategies for Site Clean-up) This task consisted of developing clean-up strategies coordinated with the EPA and the State Department of Toxic Substances Control (DTSC). The City completed a Draft Remedial Action Workplans (RAWs) and Remedial Design and Implementation Plans (RDIPs) and submitted these reports to DTSC. DTSC provided comments on the draft reports, and the City issued final reports that were approved by the DTSC. The City completed cleanup plans for eight (8) properties as part of the 2017 EPA grant. Cleanup planning for seven of the properties was approved by the DTSC, and the eighth (309 Mill Street) was approved by the NCEHD. Buoma Erickson Toms Property, East Bennet Street
Sierra Terrace Property , APN 008-210-014-000, West Berryhill Drive Bitton Property, APN 009-190-007-000, East Main Street Berriman Ranch, Taylorville Road
South Auburn Street Properties (south of Adams Lane)
Empire Meadows Property (east of South Auburn Street and North of McKnight Way) Bear River Mill Site East, La Barr Meadows Road
309 Mill Street
Public Outreach
The City of Grass Valley disseminated program information; provided community updates; and communicated and coordinate efforts with owners and the public. The purpose of this outreach was to increase community awareness of the program and its objectives.
As a subconsultant, the Sierra Fund (TSF) assisted NV5 and the City with a Community Outreach Plan and coordinated outreach efforts. Public meetings were held on June 27, 2018, and on February 17, 2022.
Public outreach documents included:
A Community Involvement Plan
Press releases to local media, including The Union, YubaNet, KNCO and KVMR Publicity Plan and Timeline
Web postings and email blasts to announce the meetings Fact Sheet and Frequently Asked Questions document for meeting attendees Evaluation and comment forms for meeting attendees
Media coverage of the meetings by The Union and YubaNet Discussed the 2012, 2013, and 2017 EPA Brownfield grants on local radio stations KVMR and KNCO in Spring 2018
Public meeting on the 2017 grant included updates to the 2012 and 2013 grant, June 27, 2018, and a second public meeting on February 17, 2022.
This summary report will be presented to the public at the March 14, 2023 City Council meeting and provided to the City of Nevada City and Nevada County representatives at the same time.
Green and Sustainable Site Assessment Efforts
The City incorporated green and sustainable techniques into the project:
Minimized energy consumption by using energy efficient equipment for the Phase II investigation;
Used machinery equipped with advanced emission controls; and Avoided damage to environmentally sensitive areas when performing the investigation.
Item # 10.
2017 BF – Final Report Page 5 of 5
EPA Acknowledgement
Throughout the grant process, the City acknowledged EPA as the source of funding and as a partner though each of the public outreach means noted above.
Use of EPA Funding
Use of EPA Brownfields funding for the project is summarized below. The project was completed on time (acknowledging two EPA-approved time extensions) and within budget. Most of the delays and extension requests were a result of COVID 19 impacts.
Object Class Original Budget Final Costs Incurred
Salaries
$25,600.00
$29,512.22
Benefits
$12,800.00
$12,581.59
Travel
$6,352.00
$3,513.01
Supplies
$1,500.00
$1,358.41
Contractual H&K
$454,300.00
$455,867.00
Contractual: DTSC
$97,760.00
$95,479.77
Total
$598,312.00
$598,312.00
Properties Assessed with the 2017 Brownfield Grant
Property Address Hazard (H)
Petroleum (P)
Phase I -
Final Date
Phase II
Final Date
Cleanup Plan
Final Date
Regulatory Approval
Date
Roundhole Parcel H 8/7/18 8/7/18 Not required Not required Buoma Erickson Toms
Property H 10/7/15 1/12/17 11/12/19 9/19/19
Sierra Terrace H/P 1/16/19 9/23/22 9/23/22 * Under DTSC review Bitton Property H 1/16/19 9/23/22 9/23/22 * Under DTSC review Old Nevada City Airport1 H/P 6/25/19 6/25/19 Not required Not required Berriman Ranch2 H 8/7/07 5/18/22 Final 9/7/22 10/19/22
South Auburn Street
(Empire Meadows &
Village at South Auburn)
H n/a 6/22/22 Final 6/22/22 8/3/22
309 Mill Street H 3/28/18 9/10/19 10/4/19 10/2019
La Barr Meadows
Property2 H 4/22/20 Not required Not required Not required Bear River Mill Site East2 H 6/28/19 10/25/21 10/25/21 12/16/21 530 Freeman Lane H/P 10/22/19 10/22/19 Not required Not required 131 Colfax Avenue H/P 10/28/21 n/a Not required Not required 1Property in Nevada City
2Property in Nevada County annexed in 2022
*Cleanup plans to be completed with 2022 EPA Brownfield Grant
Item # 10.
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: April 12, 2023 Agenda Item No. 08
Subject: Consideration of Resolution No. 2023-12: A
Resolution of the City Council of the City of Nevada City to Extend for 60 Days Proclamation No. 2023-01 and Resolution No. 2023-03 Declaring the Existence of a Local Emergency Due to the December 27, 2022 Winter Storm
From: Sean Grayson, City Manager
Date: April 7, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Adopt the resolution.
ISSUE STATEMENT AND DISCUSSION:
On January 11, 2023, Council adopted Resolution No. 2023-03 ratifying a declaration of emergency (Proclamation No. 2023-01) issued on January 5, 2023, by the City Manager, acting in his capacity as Director of Civil Defense and Disaster for the City, declaring a local emergency based on the existence of conditions of extreme disaster or extreme peril to the safety of persons and property in the city caused by the December 27, 2022, winter storm.
There remains storm debris, damage to structures and property and other impacts from the storm. The City continues to process claims, provide remediation and repair damages. The City has not received any federal or state reimbursement for storm damage expenses. The impacts of the storm persist as a local emergency to the City.
Council must act to extend an emergency declaration every 60 days to keep in effect the mandates of the proclamation. By adopting Resolution No. 2023-12, the extension will provide for those provisions to be effective until June 11, 2023. Action can be taken sooner if conditions change to terminate the order. If conditions remain, another resolution will need to be adopted to extend the emergency.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None with the adoption of the resolution. Ratification of the proclamation by adoption of the resolution may allow for the City to submit requests for reimbursement of costs associated with the storm through state and federal programs. Staff is in the process of making damage assessments along with cost estimates.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
PHASE I ENVIRONMENTAL SITE ASSESSMENT
OLD NEVADA CITY AIRPORT OPEN SPACE AREA
15384, 15574, 15786, 16013, AND 16195 AIRPORT ROAD
AND 15674 PICTON WAY
NEVADA CITY, CALIFORNIA
JUNE 24, 2019
PREPARED FOR:
CITY OF GRASS VALLEY
125 EAST MAIN STREET
GRASS VALLEY, CALIFORNIA
792 SEARLS AVENUE
NEVADA CITY, CA 95959
PROJECT NO. 4326A.00.05.04
792 Searls Avenue | Nevada City, CA 95959 | wwwNV5.com | Office 530.478-1305 | Fax 530.478.1019 CONSTRUCTION QUALITY ASSURANCE – INFRASTRUCTURE – ENERGY – PROGRAM MANAGEMENT – ENVIRONMENTAL Project No. 4326A.00.05.04
June 24, 2019
City of Grass Valley
125 East Main Street
Grass Valley, CA 95949
Attention: Thomas Last, Community Development Director
Reference: Old Nevada City Airport Open Space Area
15384, 15574, 15786, 16013, and 16195 Airport Road
and 15674 Picton Way
Nevada City, California
Subject: Phase I Environmental Site Assessment
Dear Mr. Last:
NV5 and Sierra Streams Institute (SSI) prepared this report to present the findings of a Phase I Environmental Site Assessment (ESA) for the Old Nevada City Airport Open Space Area in Nevada City, California.
This Phase I ESA was performed on behalf of the Gold Country Coalition and was funded by the United States Environmental Protection Agency (EPA) under the 2017 Brownfields Assessment Cooperative Agreement No. BF-99T62701. The coalition is lead by the City of Grass Valley and includes the City of Nevada City as a coalition partner.
This assessment pertains to the approximately 82-acre Old Nevada City Airport Open Space Area (the “site” or “subject property”). The assessment does not include the approximately 27 acres of property formerly operated as an airport (the Old Nevada City Airport Operations Area), which is considered as adjacent property in this assessment.
The ESA included research and review of records, interviews, and site reconnaissance. This report presents the findings of the ESA and conclusions and opinions regarding the presence of recognized environmental conditions associated with the subject property.
Qualifications of Environmental Professional
We declare that, to the best of our professional knowledge and belief, we meet the definition of “environmental professional” as defined in §312.10 of 40 CFR 312. We have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject property. We have developed and performed the “all appropriate inquiries” in general conformance with the standards and practices set forth in 40 CFR Part 312.
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TABLE OF CONTENTS
ACRONYMS .................................................................................................................. vi 1 INTRODUCTION ...................................................................................................... 1
1.1 PURPOSE .............................................................................................................. 1
1.2 SCOPE OF SERVICES ............................................................................................. 2
1.3 GUIDING PRINCIPLES ........................................................................................... 3 2 SITE DESCRIPTION................................................................................................... 4
2.1 SITE LOCATION AND DESCRIPTION ...................................................................... 4
2.2 CURRENT SITE USES/OPERATIONS....................................................................... 5
2.3 CURRENT USES ON ADJACENT PROPERTIES ........................................................ 6
2.4 PHYSICAL SETTING ............................................................................................... 6
2.4.1 Nearest Surface Water............................................................................. 6
2.4.2 Geology and Hydrogeology...................................................................... 6 3 USER PROVIDED INFORMATION ............................................................................. 7
3.1 TITLE RECORDS..................................................................................................... 7
3.2 ENVIRONMENTAL LIENS OR ACTIVITY AND USE LIMITATIONS ........................... 7
3.3 USER QUESTIONNAIRE......................................................................................... 7
3.4 REASON FOR PERFORMING PHASE I ESA............................................................. 7 4 HISTORICAL USE INFORMATION.............................................................................. 8
4.1 HISTORICAL SOURCES .......................................................................................... 8
4.1.1 Historical Review Summary – Subject Property ...................................... 8
4.1.2 Historical Review Summary – Adjacent Property .................................... 9
4.1.3 Historical Review Summary –Site Vicinity ............................................. 10 5 PREVIOUS ENVIRONMENTAL REPORTS ................................................................. 11 6 RECORDS REVIEW................................................................................................. 12
6.1 STANDARD ENVIRONMENTAL RECORDS SOURCES ........................................... 12
6.1.1 Subject Property Environmental Database Listings ............................... 13
6.1.2 Adjacent Site and Surrounding Areas .................................................... 13
6.1.3 Vapor Intrusion Evaluation .................................................................... 13 7 SITE RECONNAISSANCE......................................................................................... 14
7.1 OBSERVATIONS .................................................................................................. 14
7.2 ADJACENT OLD AIRPORT OPERATIONS AREA SITE OBSERVATIONS.................. 17 8 INTERVIEWS ......................................................................................................... 21 9 FINDINGS ............................................................................................................. 22 10 DATA GAPS / DEVIATIONS .................................................................................... 25 11 CONCLUSIONS ...................................................................................................... 26 Project No. 4326A.00.05.04 Phase I Environmental Site Assessment June 24, 2019 Old Nevada City Airport Open Space Area
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12 LIMITATIONS ........................................................................................................ 27 13 ENVIRONMENTAL PROFESSIONAL STATEMENT ..................................................... 28 14 REFERENCES ......................................................................................................... 29
FIGURES
Figure 1 Location Map
Figure 2 Site Map
APPENDIX A
The EDR Radius Map™ Report with GeoCheck® (EDR, January 2, 2019) The EDR Aerial Photo Decade Package (EDR, January 3, 2019) Certified Sanborn® Map Report (EDR, January 2, 2019)
EDR Historical Topographic Map Report (EDR, January 3, 2019) The EDR-City Directory Image Report (EDR, January 4, 2019)
APPENDIX B
Key Site Manager Questionnaire
Eligibility Application
APPENDIX C
Resumes of Environmental Professionals
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ACRONYMS AND ABBREVIATIONS
AAI all appropriate inquiries
ACM asbestos-containing material
AGS Advanced Geological Services
APN assessor parcel number
AST aboveground storage tank
ASTM ASTM International
AUL activity and use limitation
bgs below ground surface
CalEPA California Environmental Protection Agency
CERCLA Comprehensive Environmental Response Compensation and Liability Act CERCLIS Comprehensive Environmental Response Compensation, and Liability Information System
CESQG Conditionally Exempt Small Quantity Generator
COORACTS RCRA Corrective Action Report
CREC controlled recognized environmental condition
CVRWQCB Central Valley Regional Water Quality Control Board DTSC Department of Toxic Substances Control
DWR California Department of Water Resources
EDR Environmental Data Resources, Inc.
ENG CONTROLS Engineering Controls Site List
EPA Environmental Protection Agency
ERNS Emergency Response Notification System
ESA Environmental Site Assessment
FINDS Facility Index System
HMRIS Hazardous Materials Information Reporting System
HREC historical recognized environmental condition
INST CONTROLS Sites with Institutional Controls
LQG Large Quantity Generator
LUCIS Land Use Control Information System
MSL mean sea level
NID Nevada Irrigation District
NonGen Non-generator
NFRAP No Further Remedial Action Planned
NPL National Priority List
REC recognized environmental condition
RCRA Resource Conservation and Recovery Act
RCRAInfo Resource Conservation and Recovery Information System ROD Records of Decision
SSI Sierra Streams Institute
SWF/LF Solid Waste Facilities/Landfills
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ACRONYMS AND ABBREVIATIONS (CONT.)
SWRCB California State Water Resources Control Board
SQG Small Quantity Generator
TSD Treatment, Storage, or Disposal
USGS United States Geological Survey
UST underground storage tank
VCP Voluntary Cleanup Program
VOC volatile organic compound
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1 INTRODUCTION
At the request of The City of Nevada City, Sierra Streams Institute (SSI) and NV5 performed a Phase I Environmental Site Assessment (ESA) of the Old Nevada City Airport Open Space Area located at 15384, 15574, 15786, 16013, and 16195 Airport Road and 15574 Picton Way in Nevada City, California (the “site” or “subject property”). The site is an approximately 82-acre portion of the 108.74-acre property referenced by Nevada County Assessor’s Parcel Numbers (APNs) 004-060-001, -002, -003, -022, -059 and -060. The remainder of the property is referred to as the Old Nevada City Airport Operations Area, and for the purposes of this Phase I ESA is considered adjacent property.
The property is owned by the City of Nevada City. We understand that The City of Nevada City will use the findings of this Phase I ESA to inform future development plans.
1.1 PURPOSE
The purpose of the Phase I ESA is to evaluate whether there is evidence of recognized environmental conditions (RECs) that may have impacted or could potentially impact the subject property. The Phase I ESA was performed in general accordance with the American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments:
Phase I Environmental Site Assessment Process guidelines (E1527-13). The E1527-13 document has been identified in the U.S. Environmental Protection Agency publication entitled Standards and Practices for All Appropriate Inquiries; Final Rule (40 CFR Part 312) as an acceptable guidance document for performing Phase I ESAs that satisfies the federal requirements for the conduct of all appropriate inquiries under section 101(35) (B) of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA).
A REC as defined as the presence or likely presence of hazardous substances or petroleum products in, on, or at a property: 1) due to release to the environment; 2) under conditions indicative of a release to the environment; or 3) under conditions that pose a material threat of a future release to the environment. A REC is not intended to include de minimis conditions that generally do not present a threat to human health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies.
An historical REC (HREC) is a past release of any hazardous substances or petroleum products that has occurred in connection with the property and has been addressed to the satisfaction of the applicable regulatory authority, or meeting unrestricted use criteria established by a regulatory authority, without subjecting the property to any required controls (for example, property use restrictions, activity and use limitations, institutional controls, or engineering controls).
A controlled REC (CREC) is a REC resulting from a past release of hazardous substances or petroleum products that has been addressed to the satisfaction of the applicable regulatory authority (for example, as evidenced by the issuance of a no further action letter or equivalent, Project No. 4326A.00.05.04 Phase I Environmental Site Assessment June 24, 2019 Old Nevada City Airport Open Space Area
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or meeting risk-based criteria established by regulatory authority), with hazardous substances or petroleum products allowed to remain in place subject to the implementation of required controls (for example, property use restrictions, activity and use limitations, institutional controls, or engineering controls). For example, if a leaking underground storage tank has been cleaned up to a commercial use standard, but does not meet unrestricted residential cleanup criteria, this would be considered a CREC. The “control” is represented by the restriction that the property use remain commercial. A condition identified as a CREC does not imply that the environmental professional has evaluated or confirmed the adequacy, implementation, or continued effectiveness of the required control that has been or is intended to be implemented.
The information provided in this report is based on specific assessment tasks set forth in the ASTM guideline, and is not meant to be comprehensive, to identify all potential concerns, or to eliminate risks associated with environmental conditions. SSI and NV5 have used judgment and experience to arrive at the findings and conclusions presented in this report; therefore, the findings and conclusions are not scientific certainties. Environmental conditions may exist at the site that were not identified or encountered as a result of this Phase I ESA. Additional limitations of the Phase I ESA are discussed in Sections 10 and 12 of this report.
1.2 SCOPE OF SERVICES
The following tasks were performed during this Phase I ESA:
Historical aerial photographs, Sanborn® Fire Insurance maps, historical topographic maps, city directories, and other readily available historical sources were evaluated to research the history of the subject property and vicinity.
Federal, state, and local environmental databases were reviewed to identify sites that use, store, or have released hazardous materials. The database search was performed by Environmental Data Resources, Inc. (EDR), an environmental database research firm. The EDR database report (presented as Appendix A) provides federal and state information intended to meet ASTM standards for ESAs. Regulatory files were reviewed for the identified sites, subject to the limitations of the ASTM guidance document.
Reports concerning previous environmental investigations at the subject property were reviewed if available.
A surface reconnaissance was performed on the subject property, and the surrounding area was observed from the boundaries of the subject property.
Persons with knowledge of the subject property, as identified by the client, were interviewed.
This report was prepared to describe the findings of the Phase I ESA.
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1.3 GUIDING PRINCIPLES
The following principles are set forth in the ASTM guidance document and are an integral part of the Phase I ESA practice:
Uncertainty Not Eliminated — No environmental site assessment can wholly eliminate uncertainty regarding the potential for recognized environmental conditions in connection with a property. Performance of this practice is intended to reduce, but not eliminate, uncertainty regarding the potential for recognized environmental conditions in connection with a property, and this practice recognizes reasonable limits of time and cost.
Not Exhaustive — The practice of “all appropriate inquiries” does not mean an exhaustive assessment of a property. There is a point at which the cost of information obtained or the time required to gather it outweighs the usefulness of the information and, in fact, may be a material detriment to the orderly completion of transactions. One of the purposes of this practice is to identify a balance between the competing goals of limiting the costs and time demands inherent in performing an environmental site assessment and the reduction of uncertainty about unknown conditions resulting from additional information.
Level of Inquiry is Variable — Not every property will warrant the same level of assessment.
Consistent with good commercial and customary practice, the appropriate level of environmental site assessment will be guided by the type of property subject to assessment, the expertise and risk tolerance of the user, and the information developed in the course of the inquiry. No subsurface investigation, sampling or laboratory analysis was performed as part of this ESA. Such additional investigation would tend to further reduce risks associated with environmental conditions, but at increased cost. An evaluation of business environmental risk associated with a parcel of commercial real estate may necessitate investigation beyond that identified in the ASTM guidance document. We rely on our client to assess business environmental risk, and to determine the level of assessment that is required, if any, beyond this Phase I ESA.
Comparison with Subsequent Inquiry — It should not be concluded or assumed that an inquiry was not “all appropriate inquiries” merely because the inquiry did not identify recognized environmental conditions in connection with a property. Environmental site assessments must be evaluated based on the reasonableness of judgments made at the time and under the circumstances in which they were made. Subsequent environmental site assessments should not be considered valid standards to judge the appropriateness of any prior assessment based on hindsight, new information, use of developing technology or analytical techniques, or other factors.
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2 SITE DESCRIPTION
2.1 SITE LOCATION AND DESCRIPTION
The approximately 82-acre subject property is located at 15384, 15574, 15786, 16013, and 16195 Airport Road and 15574 Picton Way in Nevada City, California. A location map is presented as Figure 1, and an excerpt of the map is presented below.
Location Map
The subject property includes the undeveloped open space surrounding the Old Nevada City Airport:
The 108.74-acre Old Nevada City Airport property includes APNs 004-060-001, -002, -003, -022, -059 and -060.
The Old Nevada City Airport Open Space Area (the subject property) comprises approximately 82 acres of undeveloped open space within the Old Nevada City Airport property.
The Old Nevada City Airport Operations Area (adjacent property) comprises approximately 27 acres within the Old Nevada City Airport property including the former air strips and operation areas.
A site map is presented as Figure 2, and an excerpt of the site map is presented below.
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Site Map
Parcel addresses, numbers, size, and description are listed in the following table.
Parcel Identification Information
Address APN Description Size (acres)
15384 Airport Road 004-060-003 undeveloped subject property, southeastern corner 0.34
15574 Airport Road 004-060-060 undeveloped subject property, eastern edge 0.19
15786 Airport Road 004-060-059 undeveloped subject property and adjacent former airport 26.52
16013 Airport Road 004-060-022 undeveloped subject property and adjacent former airport 40.99
16195 Airport Road 004-060-002 undeveloped subject property, western side 20.39
15574 Picton Way 004-060-001 undeveloped subject property, western side 20.31
Total 108.74
Data from Nevada County Geographic Information System (https://gis.nevcounty.net/MyNeighborhood/)
2.2 CURRENT SITE USES/OPERATIONS
The Old Nevada City Airport Open Space Area (the subject property) includes undeveloped forested land, unmaintained trails and dirt tracks, and subsurface utilities. An AT&T (formerly Pacific Bell) radio transmission tower and maintenance building are located in the northeastern corner of the property.
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Two roads traverse the property. West Airport Road crosses the southeastern portion, and Airport Road crosses the southeastern corner, eastern edge and northeastern portion of the property.
2.3 CURRENT USES ON ADJACENT PROPERTIES
The subject property is bounded on all four sides by rural residential properties and undeveloped land. The Old Nevada City Airport Operations Area, which is considered adjacent property, is enveloped by the eastern portion of the subject property. This area was historically used as an airport, and former airport buildings and facilities were previously removed. A portion of this area is currently used by Nevada City as a maintenance yard for storage of material excavated from various properties or easements owned by the City of Nevada City.
2.4 PHYSICAL SETTING
According to the United States Geological Survey (USGS) 7.5-minute topographic map of Nevada City, California, the elevations at the subject property range from approximately 2,880 to 3,057 feet above mean sea level (MSL). The eastern and central portions of the property are relatively flat. The western portion slopes gently to moderately west to southwest. The southeastern corner of the property slopes moderately to steeply toward the southeast.
2.4.1 Nearest Surface Water
No waterways are present on or immediately adjacent to the subject property. The nearest surface water body is the Cement Hill Ditch, an open water conveyance located within 0.2 miles to the north, east and south of the site at significantly lower elevations. The nearest natural waterway is Brush Creek, located approximately 0.5 miles east of the site.
2.4.2 Geology and Hydrogeology
No geologic or geotechnical investigation has been performed at the site. According to the Geological Map of California (California Department of Conservation, California Geologic Survey, 2010), the geology at the site location is mapped as Tertiary volcanic rock (pyroclastic or volcanic mudflow deposits). No significant rock outcrops were observed at the site. Site soil and disturbed rock fragments appeared consistent with volcanic parent material.
Local groundwater well completion reports are available on the California Department of Water Resources (DWR) Well Completion Report Map Application (DWR, 2019). Reported well depths for two domestic water supply wells located to the east of the subject property range from 325 to 440 feet below the ground surface (bgs), with screened intervals of 145 to 325 feet bgs and 300 to 440 feet bgs. Usable groundwater is typically encountered within fractured bedrock. In general, groundwater may be encountered at shallower depths above less permeable soil or volcanic rock layers.
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3 USER PROVIDED INFORMATION
3.1 TITLE RECORDS
A chain-of-title was not provided and was not reviewed as part of this Phase I ESA.
3.2 ENVIRONMENTAL LIENS OR ACTIVITY AND USE LIMITATIONS Research of environmental liens and Activity and Use Limitations (AULs) was not performed as part of the Phase I ESA. The Nevada City representative reported on the User Questionnaire (see Section 3.3 and Appendix B) no knowledge of any environmental liens or AULs on the subject property.
3.3 USER QUESTIONNAIRE
No user questionnaire was prepared as part of this Phase I ESA. User information is presented in the site eligibility application in Appendix B.
3.4 REASON FOR PERFORMING PHASE I ESA
This Phase I ESA was performed on behalf of the Gold Country Coalition and was funded by the United States Environmental Protection Agency (EPA) under the 2017 Brownfields Assessment Cooperative Agreement No. BF-99T62701. The coalition is lead by the City of Grass Valley and includes the City of Nevada City as a coalition partner. The property is owned by the City of Nevada City, who will use the findings of this Phase I ESA to inform future development plans.
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4 HISTORICAL USE INFORMATION
Historical use information was obtained through a review of aerial photographs, historical topographic maps, historical Sanborn® Fire Insurance Maps, city directories, and regulatory agency files.
4.1 HISTORICAL SOURCES
Site use information was obtained through a review of the following list of historical sources.
The results of the review of these sources are summarized below:
Aerial Photographs: Aerial photographs obtained from EDR were reviewed for the following years: 1939, 1963, 1969, 1975, 1984, 1987, 1998, 2006, 2009, 2012 and 2016.
Copies of the photographs are presented in Appendix A.
Sanborn® Fire Insurance Maps: Sanborn® Fire Insurance Maps were not available for the subject property area. A copy of the Certified Sanborn® Fire Insurance Map Search Report is provided in Appendix A.
Topographic Maps: The following maps provided by EDR were reviewed: USGS Smartsville, CA Quadrangle 30-minute series topographic maps produced in 1888, 1891, 1892, 1894 and 1895; and USGS Nevada City, CA Quadrangle 7.5-minute series topographic maps produced in 1948, 1950, 1969, 1995, 2000, and 2012. Copies of the topographic maps are presented in Appendix A.
City Directories: A search for available city directories was performed by EDR. Directories from 1981 to 2014 were searched in approximately 5-year intervals. Copies of the city directory listings are presented in Appendix A.
Previous Environmental Reports: No previous environmental reports are known for the subject property.
Interviews: We interviewed several City of Nevada City staff members including Dawn Zydonis, Parks and Recreations Director; William Falconi, City Engineer (since 1972); and Bubba Highsmith, Director of Public Works. Interviews with persons with knowledge of the site history are presented in Section 8 and included in the summaries below.
4.1.1 Historical Review Summary – Subject Property
The subject property is undeveloped. The City of Nevada City acquired the property as part of the larger Old Nevada City Airport property in 1935. The previous owner was Oustamah Mining Company. No references to, or evidence of, historical mining was identified at the site. The City researched and contacted possible heirs to the property in the 1980s and early 1990s and received quiet title to the property on September 21, 1992.
No development of the subject property was apparent on historic maps and aerial photographs until Airport Road and West Airport Road were constructed, likely during airport construction in the 1910s and early 1930s. Airport construction and operations are discussed in Section 4.1.2.
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No evidence of historical use, storage or dumping of hazardous materials was identified on the subject property.
A portion of the central and western areas of the property was cleared some time between 1963 and 1969. Looping trails through the cleared area were apparent on the 1969 aerial photograph. The trails were labeled “Hare Scramble” in an undated photograph, an apparent reference to motorcycle or “mini-bike” use. The trails were later used for BMX bicycle practice and races in the late 1990s and early 2000s. Recent use of the site has included light pedestrian and bicycle trail use, unauthorized off-road vehicle use, and disc golf.
Pacific Telephone (later AT&T) leased a small lot in the northeast corner of the site from Nevada City, and constructed a radio transmission tower in 1982 or 1983. The facility remains in use and is currently owned and operated by AT&T on land leased from the City.
Over 1,000 trees on the site died during the mid-2010s drought and were removed by City contractors in 2017 with assistance from a Cal Fire grant.
4.1.2 Historical Review Summary – Adjacent Property
The adjacent airport operations area was undeveloped from at least 1888 (the earliest source available) until the 1910s, when initial airport construction reportedly occurred on the adjacent Old Nevada City Airport Operations Site.
The airport reportedly opened in July 1914. The City of Nevada City obtained ownership of the airport in 1935.
The airport was reportedly used for refueling of east-west flights including airmail and commercial flights. Airport improvements were made in 1934 with federal funding. The airport was used for military training and a military air show during the World War II era in the 1940s.
Up to five small buildings are depicted along the southern edge of the main runway on historic maps and aerial photographs dating from the 1960s.
The airport remained in use until the mid to late 1960s. By 1975, all airport buildings had been removed and no later evidence of airport use was identified.
Later use of the airport area included use by the Nevada City Department of Public Works for importing and stockpiling fill materials from excavations at various City properties and right of ways. The fill materials, including soil and aggregate, were intermittently spread and compacted on the runway surfaces. Woody debris has also been imported and stockpiled at the site.
In 1996, approximately 13,000 cubic yards of clayey soil were excavated from the former runway areas and exported for use as a clay cap during remediation of the Old Nevada City Burn Dump located approximately 0.6 miles to the south. Other grading activities were later performed including construction of a berm along the north side of the main runway to improve drainage and placement of crushed asphalt over portions of the old runways to stabilize muddy areas.
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4.1.3 Historical Review Summary – Site Vicinity
Areas surrounding the Old Nevada City Airport property were undeveloped from at least 1888, until construction of Old Airport Road and West Airport Road by the 1930s. Rural residential construction in the site vicinity was apparent in the 1970s aerial photographs and gradually increased through the 1990s.
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5 PREVIOUS ENVIRONMENTAL REPORTS
No previous environmental reports were identified for the subject property. Environmental soil sampling and analysis were performed at the adjacent Old Nevada City Airport Operations Area in June 1996. Approximately 13,000 cubic yards of soil were reportedly excavated and removed from the airport runway areas and used as cover soil for the remediation of the Old Nevada City Burn Dump site in Nevada City. According to the City Engineer at the time, analytical testing of the soil was performed for total petroleum hydrocarbons and Title 22 metals, and to his recollection no elevated concentrations were detected. The analytical laboratory reports were not available for review.
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6 RECORDS REVIEW
6.1 STANDARD ENVIRONMENTAL RECORDS SOURCES
The discussion presented in this section is based on information obtained from environmental databases and review of regulatory agency records. An EDR database report dated January 2, 2019, reports listings of sites located within a 1-mile radius selected in accordance with the ASTM E1527-13 standard. The listings are collected from computerized databases of Federal, State, and local environmental records. The database report is provided in Appendix A.
Regulatory agency databases searched and reported in the EDR report include:
U.S. Environmental Protection Agency (EPA) – Comprehensive Environmental Response Compensation, and Liability Information System (CERCLIS) EPA – CERCLA NPL
EPA – CERCLA Proposed NPL
EPA – Federal Superfund Liens (NPL Liens)
EPA – CERCLA No Further Remedial Action Planned Site (CERC-NFRAP) EPA – Resource Conservation and Recovery Information System (RCRAInfo), Treatment, Storage, or Disposal (TSD) facilities, and Small Quantity, Large Quantity, Conditionally Exempt Small Quantity and Non Generators (SQG, LQG, CESQG, and NonGen) of hazardous waste
EPA – RCRA Corrective Action Report (CORRACTS)
EPA – Land Use Control Information System; Engineering Controls Site List, and Sites with Institutional Controls (LUCIS, ENG CONTROLS, and INST CONTROLS) EPA – Emergency Response Notification System (ERNS)
EPA – CERCLA Records of Decision (ROD)
EPA – Facility Index System (FINDS)
U.S. Department of Transportation – Hazardous Materials Information Reporting System (HMIRS)
Department of Toxic Substances Control (DTSC) – Voluntary Cleanup Program (VCP) DTSC – EnviroStor Database (ENVIROSTOR)
DTSC –- Facility and Manifest Data (HAZNET)
California State Water Resources Control Board (SWRCB) – Leaking Underground Storage Tank Listing (LUST) sites, including Indian Land
SWRCB – Solid Waste Facilities (SWF/LF)
SWRCB – Aboveground and Underground Storage Tank (AST and UST) sites SWRCB – Cleanup Program Sites and Spills, Leaks, Investigations and Cleanups (CPS-SLIC) SWRCB – Voluntary Cleanup Sites (VCP)
SWRCB – Waste Management Units (WMUDS/SWAT)
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SWRCB – California Integrated Water Quality System (CIWQS) CalEPA – California Environmental Reporting System Regulated Site Portal (CERS) CalEPA – CERS Hazardous Waste Generator and AST and UST sites (CERS HAZ WASTE and
CERS TANKS)
California Air Resources Board – Emissions Control Inventory (EMI) California Office of Emergency Services – California Hazardous Materials Incident Report System (CHMIRS).
Additionally, SSI searched the databases below for environmental records related to the subject property:
SWRCB's GeoTracker website: http://geotracker.swrcb.ca.gov/ DTSC’s EnviroStor website: http://www.envirostor.dtsc.ca.gov/public/default.asp
6.1.1 Subject Property Environmental Database Listings
Pacific Bell/AT&T, 15786 and 15831 Airport Road, is listed on the CUPA database. The listing for 15786 Airport Road is shown as inactive, suggesting an address change. The database lists the facility with low-risk hazardous material storage, which is likely due to the use of hydrocarbon fuels associated with the transmission tower (see Section 7.1).
The site is not listed on any databases reporting environmental liens or AULs.
6.1.2 Adjacent Site and Surrounding Areas
Several facilities are listed on various environmental databases within the subject property vicinity. Facilities closest to the subject property, or facilities with the potential to affect environmental conditions at the subject property, are discussed below.
Clarence Foster, 10688 Foster Driveway Road, is listed on the SWEEPS UST and Historic UST databases. According to the database listings, one 1,000-gallon diesel UST is located on the property. No leaks or violations are noted. The property is located on the adjacent property west of the site, which is topographically downgradient from the subject property. As a result, this facility is not expected to pose a significant environmental concern to the subject property.
Other facilities in the site vicinity listed on various environmental databases are not considered an environmental concern to the subject property because they have received regulatory case closure, they have contamination limited to soil only, and/or they are located down gradient from the subject property.
6.1.3 Vapor Intrusion Evaluation
There is no current or historical record of the use or storage of volatile organic compounds (VOCs) at the subject property. Additionally, no evidence of VOCs in soil or groundwater at nearby properties was identified during the performance of this ESA. Significant vapor intrusion is not considered likely at the subject property based on the information reviewed as part of this Phase I ESA.
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7 SITE RECONNAISSANCE
SSI performed a site reconnaissance of the subject property on March 7 and 8, 2019.
Photographs are presented below.
7.1 OBSERVATIONS
No evidence of recognized environmental conditions was encountered during the site reconnaissance.
The site is accessed on the southeastern side from a driveway and locked metal gate located along West Airport Road. We observed evidence of unauthorized off-road vehicle travel around the gate. Other access by four wheeled vehicles was generally blocked by boulders, berms or logs. The site generally consists of undeveloped pine and oak woodland with scattered clearings. Dirt surfaced trails and vehicle tracks wind through much of the property.
Photo 1. Logs blocking access along northwest property boundary.
Trails marked “Hare Scramble” on an undated historic photograph showed tire track erosion with some later water bars constructed to limit runoff erosion. Little sign of recent or heavy use by off-road vehicles was observed.
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Photo 2. Eroded soil from unauthorized off-road vehicle use in central portion of subject site.
Northwest runway of Old Airport Operations Area in background.
Evidence of the 2017 dead tree clearing operations were observed in numerous locations throughout the site and include small clearings with stumps and spread woody debris. No stained soil or evidence of fuel spills or hazardous materials releases were observed in these areas.
Photo 3. Clearing in western portion of property resulting from 2017 dead tree removal operation.
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Airport Road, a paved two lane road, crosses the southeast corner, east perimeter, and northern edge of the site. No significant evidence of dumping or disposal of hazardous materials or petroleum products was observed on soil adjacent to the roadways.
Signage indicates a Nevada Irrigation district (NID) subsurface treated water pipeline is located along the south side of West Airport Road in the southern portion of the site. A marked Pacific Telephone subsurface transmission line is located along the west site of Airport Road at the southeastern edge of the site.
No significant piles or areas of dumping of debris were observed on the site except occasional scattered construction and other debris including tires (approximately 5 observed on the entire site) fiberglass, metal, and other apparently inert debris. No evidence of mining waste or hazardous material dumping or use was observed on the site.
Photo 4. Stockpiled soil and aggregate along west side of northwest runway, Old Airport Operations Area site. Subject site in background.
The Pacific Bell/AT&T facility in the northeastern corner of the site consisted of a small building with fenced areas, a power pole, and an approximately 40-foot tall metal tower with radio dish antennae. Placards mounted on the building indicate storage and use of hydrocarbon fuels on the site. No evidence of surface spills or leakage was observed. Access to the building was not available during the site inspection.
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Photo 5. Pacific Bell/ATT Radio Transmission Tower in northeastern corner of subject Site.
Airport Road at right.
7.2 ADJACENT OLD AIRPORT OPERATIONS AREA SITE OBSERVATIONS The Old Airport Operations Area site consisted of two cleared runways oriented in a scissor pattern. The main runway extended in an east northeast - west southwest orientation through the eastern and south central portions of the site. A second runway referred to as the northwest runway extended to the north of the main runway and was oriented in a northwest - southeast direction. Both runways were abandoned, generally dirt or aggregate surfaced, and largely remain clear of vegetation except for trees and scrubs encroaching on the runway margins and in the northern and western portions of the northwest runway.
We observed numerous piles of dumped soil, aggregate, asphalt and concrete debris scattered around the runway areas and in a limited area to the west of the gated property entrance on West Airport Road. Dumping was most concentrated along the south side and east end of the main runway and in the central area where the two runways meet. Evidence of grading of old piles was apparent in the eastern and central portions of the main runway. Areas extending from the gated entrance in the southeast to the central portion of the runways were surfaced in compacted crushed asphalt. No evidence of hazardous materials spills or disposal such as apparent mine waste, stained soil or unusual odors were observed in the piles or graded fill materials.
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Piles of woody debris including logs, branches, and leafy debris were also scattered around portions of the two runways, particularly along the south side of the main runway.
Photo 6. Stockpiles of woody debris on adjacent Old Airport Operations Area.
Crushed asphalt surface on access road and old runway, foreground and left.
Yellow property access gate, upper right. Subject property is visible in background center and right.
In the location of the “Old Hanger” identified on an undated historic photograph, we observed a short low concrete foundation wall and several concrete footings or piers. Soil around this location had been disturbed and revegetated. Remnant asphalt paving extended along the northern edge of the northwest runway ending near the old hanger location. No evidence of fuel or hazardous materials spills or disposal was observed in the area.
In the historic locations of the five small buildings shown on maps and aerial photographs along the southern edge of the main runway, we observed a small (roughly 5 foot by 10 foot) concrete pad located to the west of the gated property entrance. No other foundations, building materials or other debris was observed in these areas. However, much of the areas were covered in piles of soil, aggregate or woody debris or were overgrown by blackberry vines.
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Photo 7. Relic foundations and piers at Old Hanger location, north central Old Airport Operations Area site.
Photo 8. View to east of main runway in Old Airport Operations Area site.
Crushed asphalt surface, center, stockpiled soil and aggregate on right, and graded fill material on left.
Subject property visible in background left and right.
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7.3 SITE VICINITY OBSERVATIONS
The subject site is bounded to the north, west and south by rural residential properties or undeveloped properties. Airport Road forms parts of the east and north property boundaries.
We observed typical residential uses or forested open space in these areas. No evidence of hazardous material use or storage was observed on adjacent properties.
The Clarence Foster property west of the site, which was identified as having a UST, was observed to have a residential building located over 100 feet west of the site boundary at a lower elevation from the site.
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8 INTERVIEWS
Interviews are summarized below. Ms. Zydonis completed a questionnaire for the subject property which is included in Appendix B.
Property Owner Representatives
City staff, including Dawn Zydonis, Parks and Recreations Director; William Falconi, City Engineer; and Bubba Highsmith, Public Works Director, were interviewed at Nevada City Hall on March 13, 2019. Ms. Zydonis confirmed the purpose of the ESA was to inform future development plans for the Old Nevada City Airport Property including both the subject Open Space Area and the Airport Operations Area. She provided a timeline of historic uses of the property (see Section 4.1). Ms. Zydonis indicated that no wells were present on the property and the source of future water will be treated water from the NID pipeline along the southern edge of the property.
Mr. Falconi, a lifelong Nevada City resident and City engineer since 1972, indicated the airport was used by the military for mountain landings training during the World War II era. He recalled attending an air show at the old airport in the late 1940s. Mr. Falconi indicated that the airport was used infrequently after the war and ceased operations in the 1960s or earlier. Refueling of planes was from fuel trucks or aboveground tanks by gravity flow since no power was available for pumping. As a result, no underground tanks were likely present at the airport. Mr. Falconi indicated that soil and fill material piles observed at the property were generated from City public works projects such as road repairs and utility trenches. He stated that any soil generated by the City with known contamination had been disposed of properly at offsite landfills, and that to his knowledge no contaminated soil or hazardous materials have been dumped at the property.
Mr. Falconi indicted that the Pacific Bell/ AT&T facility has been leased from the City for a radio transmission/ cellular tower since the 1980s, and that to his knowledge no releases of hazardous materials or other problems had occurred at the facility. Mr. Falconi was the City engineer when the export of soil was performed for the Old Burn Dump remediation and recalled that the soil was tested for hydrocarbons and metals and no contamination was encountered.
Mr. Highsmith confirmed that recent dumping of soil, aggregate and woody debris was from City sources and was not known to be contaminated or hazardous. The City representatives described the spreading of fill materials as intermittent and as needed to maintain access and adequate drainage. All three City officials reported that, to their knowledge, there have been no releases, use or storage of hazardous materials on the subject property.
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9 FINDINGS
The approximately 82-acre Old Nevada City Airport Open Space Area (the subject property) comprises a portion of the 108.74-acre Old Nevada City Airport property, which is located at 15384, 15574, 15786, 16013, and 16195 Airport Road and 15574 Picton Way in Nevada City, California, comprising Nevada County APNs 004-060-001 -002, -003, -022, -059 and -060.
The subject property consists of undeveloped, forested open space surrounding the 27-acre former airport operations area and does not include the former airport operations area. An AT&T radio transmission/ cellular tower and maintenance building are located in the northeast corner of the property on a lot that is leased from the City of Nevada City. Subsurface communications and a treated water pipeline traverse portions of the property. Two roadways traverse portions of the property. No other use of the site is known other than recreational activities such as pedestrian, bicycle, and off-road vehicle use of trails.
The subject property surrounds a former airport operations area and is bounded by rural residential properties and forested open space.
Historical Site Use
No development of the subject property was apparent on historic maps and aerial photographs dating from 1888 until Airport Road and West Airport Road were constructed during airport construction on the adjacent Old Nevada City Airport Operations Area site in the 1910s and early 1930s. The subject property was outside the area of airport construction and operations.
The City of Nevada City obtained ownership of the Old Nevada City Airport property, which includes the subject property, in 1935. Over 1,000 trees on the site died during the mid- 2010s drought and were removed by City contractors in 2017.
Pacific Telephone (later AT&T) leased a small lot in the northeast corner of the subject property from Nevada City and constructed a radio transmission tower in the early 1980s. The tower remains in use and is currently owned and operated by AT&T. Hazardous materials on the subject property is limited to hydrocarbon fuel used at the AT&T facility.
Historical Use of Adjacent Old Airport Operations Area
The adjacent Old Nevada City Operations Area site was undeveloped in the 1910s, when initial airport construction began. The airport reportedly opened in July 1914. The airport was used for refueling for airmail and commercial flights and late private flights by small aircraft. Airport improvements were performed in 1934. The airport was used for military training during the 1940s. Up to five small buildings were located along the southern edge of the main runway dating from the 1950s or 1960s. The airport remained in use until the mid to late 1960s. By 1975, all airport buildings had been removed and the airport ceased operations.
Later use of the old airport operations area included use by the Nevada City Department of Public Works for importing and stockpiling fill materials from excavations at various City properties and right of ways. The fill materials including soil and aggregate was intermittently Project No. 4326A.00.05.04 Phase I Environmental Site Assessment June 24, 2019 Old Nevada City Airport Open Space Area
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spread and compacted on the runway surfaces. Woody debris has also been imported and stockpiled at the site. In 1996, approximately 13,000 cubic yards of clayey soil were excavated from the runway areas and removed from the property. Other grading activities were later performed including construction of a berm along the north side of the main runway to improve drainage and placement of crushed asphalt over portions of the old runways to stabilize muddy areas.
Previous Environmental Reports
No previous environmental reports are known for the subject property. Environmental soil sampling and analysis were performed on the adjacent Old Airport Operations Area in June 1996 when soil was removed for use to cover the nearby Old Nevada City Burn Dump.
Analytical testing of the soil for total petroleum hydrocarbons and Title 22 metals was performed and no elevated concentrations were reportedly detected. Laboratory analytical reports were not available for review.
Regulatory Agency Records
Pacific Bell/ AT&T, 15786 and 15831 Airport Road, is listed on the CUPA database. The listing for 15786 Airport Road is shown as inactive, suggesting an address change. The database lists the facility with low-risk hazardous material storage, and is likely due to the use of hydrocarbon fuels associated with the transmission tower (see Section 7.1). The site is not listed on any databases reporting environmental liens or AULs. No offsite sources of environmental concern were identified.
Site Observations
No significant piles or areas of dumping of debris were observed on the site except occasional scattered construction and other debris including limited tires, fiberglass, metal, and other inert debris. No evidence of mining waste or hazardous material dumping or use was observed on the site.
The Pacific Bell/ AT&T facility in the northeastern corner of the Site consisted of a small building with fenced areas, a power pole and an approximately 40 foot tall metal tower with radio dish antennae. Placards mounted on the building indicate storage and use of hydrocarbon fuels on the site. No evidence of surface spills or leakage was observed.
No concerns were identified during the site inspection regarding hazardous material use and storage at the subject property.
Adjacent Site Observations
The Old Airport Operations Area site consisted of two cleared runways. Both runways were abandoned, generally dirt or aggregate surfaced and largely remain clear of vegetation except for trees and scrubs encroaching on the runway margins.
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We observed numerous piles of dumped soil, aggregate, asphalt and concrete debris scattered around the runway areas, and in a limited area to the west of the gated property entrance on West Airport Road. Evidence of grading of old piles was apparent in the eastern and central portions of the main runway. Areas extending from the gated entrance to the central portion of the runways were surfaced with limited asphalt paving and compacted asphalt grindings. No evidence of hazardous materials spills or disposal such as mine waste, stained soil or unusual odors were observed in the piles or graded fill materials.
Limited remnants of concrete foundations were observed in the location of the “old hanger” and in the historic locations of one of five small buildings shown on maps and aerial photographs. No evidence of fuel or hazardous materials spills or disposal was observed in the area.
No other foundations, building materials or other debris was observed in the former building locations. However, much of the area was covered in piles of soil, aggregate or woody debris or were overgrown by blackberry vines.
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10 DATA GAPS / DEVIATIONS
The following data gaps were encountered during the Phase I ESA:
Research of environmental liens and AULs was not included in the scope of the Phase I ESA. However, based on the known site history and available regulatory documentation, it is unlikely that any environmental liens or AULs have been recorded for the site.
Additionally, the City staff interviewed have no knowledge of environmental liens or AULs on the property. Phase I ESA practice does not typically require the review of recorded land title records and judicial records for environmental liens and AULs. NV5 recommends that the Phase I ESA user engage a title company, real estate attorney, or title professional to undertake a review of reasonably ascertainable recorded land title records and lien records for environmental liens and AULs currently recorded against or relating to the property.
A chain of title for the subject property was not reviewed. However, ownership history was discussed with the property owner, and ownership information was provided dating back to the 1930s.
None of the identified data gaps have affected the ability to evaluate potential RECs for the subject property.
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11 CONCLUSIONS
We have performed a Phase I Environmental Site Assessment in conformance with the scope and limitations of ASTM Practice E1527-13 of the property identified as Old Nevada City Airport Open Space Area located at 15384, 15574, 15786, 16013, and 16195 Airport Road and 15574 Picton Way in Nevada City, California. The subject property is an approximately 82-acre portion of the 108.74-acre property referenced by Nevada County APNs 004-060-001 -002, -003, -022, -059 and -060. Any exceptions to, or deletions from, this practice are described in the “Data Gaps/Deviations” and “Limitations” sections of this report. This assessment has revealed no evidence of RECs in connection with the property.
The following potential environmental concerns were identified:
Based on observations of the subject property and the adjacent Old Nevada City Airport Operations Area and interviews with Nevada City representatives, past and recent dumping of soil and aggregate materials has occurred on the adjacent Old Airport Operations Area site. These materials have not been tested for potential environmental contaminants. Although the City is not aware of any known contamination of these materials, prior to redevelopment of the property, testing and laboratory analysis of the fill materials would be required to determine whether they contain hazardous substances or petroleum products.
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12 LIMITATIONS
We presented the information in this report as it has been presented to us and cannot assume responsibility for the completeness or accuracy of the information reviewed or received. The information provided in this report is not meant to be comprehensive, to identify all potential concerns, or to eliminate the risk involved in property acquisition.
We used judgment and experience to arrive at the findings and conclusions presented in this report. Therefore, the findings and conclusions are not scientific certainties. Environmental conditions may exist at the site that were not identified or encountered as a result of this Phase I ESA.
The scope of the Phase I ESA did not include determining the presence of asbestos-containing building materials, radon, lead-based paint, drinking water quality, wetlands, regulatory compliance, cultural and historical resources, industrial hygiene, health and safety, ecological resources, endangered species, indoor air quality, geologic hazards, biological agents and mold.
This list of non-scope items is not intended to be all-inclusive.
Because research information is continually updated, the accounts presented in this report can become outdated with time. In addition, site conditions and regulatory policy can change, potentially rendering our conclusions invalid or obsolete. Therefore, we do not recommend relying on the accuracy of this report after 180 days of the date issued. At that time, we recommend updating this report to reflect any new available information. We can assist in updating this report, should this process be necessary.
We prepared and issued this report for the exclusive use of our client. The information, conclusions, and recommendations presented apply only to the subject property. We are not responsible for any other party's interpretations of the reported information.
We performed this work in accordance with present, regional, generally accepted standards of care. This report does not represent a legal opinion. No warranty, express or implied, is intended.
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13 ENVIRONMENTAL PROFESSIONAL STATEMENT
We declare that to the best of our professional knowledge and belief, we meet the definition of Environmental Professional as defined in §312.10 of 40 CFR 312.
We have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject property. We have developed and performed the all appropriate inquires in conformance with the standards and practices set forth in 40 CFR Part 312. Resumes of the Environmental Professionals signing this report are presented in Appendix C.
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14 REFERENCES
[ASTM] ASTM International, 2013. Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, Designation: E 1527-13. [CGS] California Department of Conservation, California Geologic Survey, 2010. Geologic Map of California.
[DWR] California Department of Water Resources, 2019. Well Completion Report Map Application. Available online at (https://dwr.maps.arcgis.com/apps/webappviewer /index.html?id=181078580a214c0986e2da28f8623b37
[EDR] Environmental Data Resources, Inc., 2019. Historical Topographic Map Report.
Environmental Data Resources, Inc., January 2.
EDR, 2019. Radius Map™ Report with GeoCheck®.Environmental Data Resources, Inc. January 2.
EDR, 2019. Certified Sanborn® Map Report. Environmental Data Resources, Inc., January 2.
EDR, 2019. Aerial Photo Decade Package. Environmental Data Resources, Inc., January 3.
EDR, 2019. City Directory Image Report. Environmental Data Resources, Inc., January 4.
FIGURES
Figure 1 Location Map
Figure 2 Site Map
APPENDIX A
The EDR Radius Map™ Report with GeoCheck® (EDR, October 31, 2018) The EDR Aerial Photo Decade Package (EDR, November 1, 2018) Certified Sanborn® Map Report (EDR, October 31, 2018)
EDR Historical Topographic Map Report (EDR, October 31, 2018) The EDR-City Directory Image Report (EDR, November 5, 2018)
APPENDIX B
Key Site Manager and User Questionnaires
APPENDIX C
Resumes of Environmental Professionals
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Hum
departments
DTSC
comple
Education
University 1989
E
Kyle
530-575-5605
Brownfields Cleanups four
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and
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2010-Present
1998-
1994-
1992-
1989-
Jason W. Muir, PE, GE
Manager, Environmental Division
Associate Engineer
Mr. Muir is a California registered Civil Engineer and Geotechnical Engineer and holds a Master of Science in Environmental Engineering from the University of California at Berkeley. He has been in the industry for 24 years.
His professional background includes hazardous materials site characterization, risk assessment and remediation under CERCLA, water quality evaluation and permitting under the California Water Code and Title 27, and mine reclamation under SMARA. Mr. Muir performs hazardous substances exposure assessment and statistical analysis as well as predictive human health and ecological risk assessment to support hazardous substances site characterization and remediation.
Mr. Muir has provided characterization, risk assessment, remedial design and/or quality assurance for over three dozen sites regulated by the California Department of Toxic Substances Control (DTSC). He and his team have characterized over 3,000 acres of land in California, and they have participated in eight USEPA Brownfield assessment and cleanup projects.
Mr. Muir currently leads a USEPA Brownfields assessment coalition grant.
He and his team have performed more than 500 Phase I/II environmental site assessments including municipal, commercial, and transportation improvement projects, characterizing and mitigating environmental conditions related to hydrocarbon and solvent releases, unpermitted waste disposal sites, abandoned mine features, underground storage tanks, leadcontaining paint, naturally occurring asbestos, aerially deposited lead and pesticide residuals pursuant to local, state, and federal guidelines.
Mr. Muir also oversees solid waste facility permitting and reclamation planning; water quality monitoring; storm water permitting, design and monitoring; waste discharge permitting and development of water quality protection standards; and spill prevention, control and cleanup planning.
Project Experience
DTSC/USEPA YUBA RIVER CHARTER SCHOOL HAZARDOUS MATERIALS
ASSESSMENT AND CLEANUP
Grass Valley, California
Project manager for site characterization, risk assessment and remedial action planning related to cleanup of an unpermitted disposal site for development of a new elementary school
risk assessment and Removal Action Work Plan (RAW) were approved by DTSC. The approved cleanup plan facilitated the award of a USEPA Brownfields cleanup grant of $600,000. Mr. Muir oversaw the remedial quality assurance (QA) testing and inspection in 2015, and the property was certified by DTSC for school construction. Mr. Muir subsequently managed quality assurance services during school construction and the school opened for the 2018-19 school year.
Nevada City, California
[email protected]
530.478.1305
EDUCATION
M.S. Environmental Engineering, U.C. Berkeley
B.A. Environmental Science, U.C. Berkeley
REGISTRATIONS/CERTIFICATIONS
Professional Engineer, CA No. 60167
Geotechnical Engineer, CA No. 2697
OSHA HAZWOPER Supervisor
Qualified SWPPP Developer/ Practitioner
EXPERTISE
Preliminary Endangerment Assessment (PEA)
Engineering Evaluation/Cost Analysis (EE/CA)
Human Health Risk Assessment (HHRA)
Phase I Environmental Site Assessment (ESA)
Initial Site Assessment (ISA)
Phase II Site Investigation (PSI/SI)
Ecological Scoping Assessment (ESA)
Ecological Predictive Assessment (Eco PA)
Ecological Validation Study
Construction Quality Assurance (CQA)
Construction Management (CM)
Mine Waste Characterization (Title 27/Non-15)
Mine Reclamation Planning (SMARA)
Water Quality Monitoring and Permitting
Contaminant Transport Modeling
Geotechnical Investigation and Design
AFFILIATIONS
Geoprofessional Business Association
American Society of Civil Engineers
Association of Drilled Shaft Contractors
Placer Architects, Geologists, Engineers, and
Surveyors
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DTSC/USEPA BROWNFIELDS COALITION ASSESSMENT, GOLD COUNTRY COALITION Nevada County, CA
Project manager for $600,000 USEPA Coalition Assessment Grant awarded to the Gold Country Coalition (Grass Valley, Nevada City and Nevada County). Mr. Muir is in charge of site characterization and cleanup planning for key Brownfields cleanup sites for residential and commercial reuse. Site assessments include human health and ecological risk assessment and water quality evaluation overseen by the USEPA and the California DTSC. NV5 is currently in year 2 of this three-year project.
DTSC/USEPA BROWNFIELDS CLEANUP DESIGN, SOUTH AUBURN STREET PROPERTIES Grass Valley, California
Conducted hazardous materials site investigation (SI) to characterize heavy metals including mercury in a proposed residential area and wetland impacted by 16,000 cubic yards of mine tailings, as well as historical aerial deposition of contaminants from nearby historical milling processes. Services included SI, human health risk assessment (HHRA), ecological scoping assessment (ESA), ecological predictive assessment (PA) and validation study, and preparation of a cleanup plan (RAW).
DTSC SHASTA ELEMENTARY SCHOOL INVESTIGATION AND REMEDIATION Chico, CA
Performed risk assessment and technical review for Preliminary Endangerment Assessment (PEA), Removal Action Work Plan (RAW), and a Removal Action Completion Report (RACR) under the DTSC expedited CERCLA process for an elementary school expansion. Contaminants of concern included lead paint and termiticides, dioxins and furans in the burn waste, and PCBs, as well as petroleum hydrocarbons and arsenic in soil. The site was successfully remediated under DTSC oversight.
NEVADA CITY SCHOOL OF THE ARTS PHASE II ESA
Nevada County, California
Reviewed historically documented environmental conditions and managed a Phase II Environmental Site Assessment of a 315-acre former high-tech and industrial campus prior to purchase by Nevada City School of the Arts. Conditions included historical solid waste disposal, waste water treatment and disposal, and historical hazardous substance and petroleum product storage and unauthorized release.
USEPA BROWNFIELD ASSESSMENTS, STILES MILL AND PROVIDENCE MINE Nevada City, CA
Performed predictive human health risk assessment of the historic Stiles Mill site and Providence Mine site, located on Deer Creek in Nevada City. The HHRAs supported two USEPA Brownfield cleanups that were performed in 2014 and 2015. The HHRAs were approved by USEPA with no revisions required.
DTSC GUYNN & HENSHAW SCHOOL SITE PEA, CHICO UNIFIED SCHOOL DISTRICT Chico, CA
Performed technical review for Preliminary Endangerment Assessment (PEA) of proposed school site. Site investigation and risk assessment were was reviewed by DTSC and resulted in approval and No Further Action Determination.
DTSC CHICAGO PARK SCHOOL PEA, CHICAGO PARK SCHOOL DISTRICT Chicago Park, CA
Managed a PEA for a school expansion project to address environmental concerns related to pesticide application, California Education Code. DTSC approved the PEA and granted a no further action determination.
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MALAKOFF DIGGINS STATE HISTORIC PARK SEDIMENT AND MERCURY ABATEMENT INITIATIVE Nevada County, California
Project manager for engineering evaluation of sediment and mercury control at Malakoff Diggins State Historic Park for a 330-acre hydraulic mining pit. Evaluated passive technologies to reduce sediment and mercury discharge to Humbug Creek and the South Yuba River.
NID COMBIE RESERVOIR SEDIMENT AND MERCURY REMOVAL PROJECT Meadow Vista, California
Project manager for three-year sediment and mercury removal project funded by the California Department of Water Resources (DWR) and Nevada Irrigation District (NID), including permitting and regulatory compliance, water quality monitoring and performance monitoring of an innovative mercury removal process.
DTSC BEAR RIVER MILL SITE RDIP
Grass Valley, Ca
Project manager for site characterization and preparation of Remedial Design and Implementation Plan (RDIP) for approximately 15,000 cubic yards of mine waste rock and tailings to be consolidated at the former Bear River Sawmill site located centrally within the property. Previously developed land use controls and obtained DTSC certification for southern portion of the property on behalf of the County of Nevada, and performed a geotechnical engineering investigation for the proposed Nevada County Operations Center currently under design. Previously obtained DTSC certification for industrial use of the eastern and western portions of the property on behalf of Golder Associates.
BLM DEER CREEK/STOCKING FLAT EE/CA
Nevada City, California
Project manager for site investigation related to an Engineering Evaluation/Cost Analysis (EE/CA) and Human and Ecological Risk Assessment (HERA) performed on behalf of the United States Bureau of Land Management (BLM).
The assessment included characterization of hard rock and placer mine waste deposits, surface water quality, and sediment impact related to mercury and methylmercury. Work was performed in conjunction with USGS and URS Group.
USFS PITTSBURG-LIBERTY MILL SITE ISA
Mono County, California
Project manager responsible for Integrated Site Assessment (ISA) of a former mill site associated with the PittsburgLiberty gold mine on behalf of the USDA Forest Service Region 4. The assessment included characterization of 30,000 cubic yards of processed mine tailings containing mercury, arsenic, and other heavy metals and an assessment of water quality impact.
DTSC SPRING HILL MINE RAW
Grass Valley, Ca
Project manager responsible for a PEA and RAW approved by DTSC for the consolidation and capping of 60,000 cubic yards of mill tailings associated with a former tailings pond and associated mine waste rock. The approved cleanup plan allows most of the mine waste to be used as engineered fill for a proposed commercial center, while a portion of the tailings will be removed and disposed as Class I hazardous waste.
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SR 49 DORSEY DRIVE INTERCHANGE
Grass Valley, California
Managed hazardous materials characterization for naturally occurring heavy metals for this award-winning project.
The project included construction of northbound and southbound on- and off-ramps from SR 49; re-alignment of an existing frontage road; and extensive cuts and fills up to 65 feet in height.
MEADOW VISTA LANDFILL
Placer County, California
CQA engineer during landfill closure activities. Revised design of leachate collection and recovery system and facilitated improvements to gas extraction system, storm drain system and joint trench hydrostatic pressure release.
McCOURTNEY ROAD LANDFILL
Nevada County, California
Project manager for CM and CQA during facility improvements, including earthwork repairs and pump station installation, as well as post-closure monitoring and maintenance of the facility. Prepared Report of Waste Discharge and negotiated a reduction in leachate and groundwater monitoring during update of Waste Discharge Requirements. Prepared Final Closure Plan for surface impoundment and Post Closure Maintenance Plan for landfill units. Supervised settlement surveys and prepared liner repair plans and specifications to address settlement issues. Evaluated anomalous constituent concentrations in groundwater considering the interaction with landfill gas and leachate constituents. Performed hydrogeologic evaluation regarding drawdown in adjacent wells resulting from groundwater extraction at the facility. Project engineer for closure of two landfill units.
RIDGE ROAD REHABILITATION PROJECT
Sierra County, CA
Project manager in charge of hazardous materials Initial Site Assessment (ISA) and Site Investigation (SI) (Phase I/II Environmental Site Assessment) under Caltrans review for a 2.6-mile road improvement project in Sierra County. SI included soil sampling and analysis along the improvement corridor for aerially deposited lead (ADL), naturally occurring asbestos (NOA) and targeted assessment for historical mine features. Classified soil pursuant to Caltrans guidelines and provided management alternatives.
WATER QUALITY, MINING AND WASTE MANAGEMENT
Northern California
Project manager for the waste characterization and waste discharge requirements under Title 27 for numerous surface mines and waste management units in northern California. Working closely with the California Regional Water Quality Control Board, Mr. Muir has permitted mine sites and solid waste facilities in the counties of Calaveras, Nevada, Placer, Sierra, Siskiyou, and Yuba.
SIERRA COLLEGE EXPANSION PROJECT
Grass Valley, Ca
Project manager for the Phase I/II environmental site characterization associated with a Mitigated Negative re Nevada County campus. Recognized environmental
conditions included past waste management practices, lumber drying, and agricultural pesticide application.
DTSC KEMPER ROAD SUBDIVISIONS
Auburn, Ca
Project manager for PEAs related to three proposed subdivisions and former orchard properties on Kemper Road in for the third property.
Not applicable.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Proclamation 2023-01
Resolution 2023-12
RESOLUTION NO. 2023-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA
CITY, CALIFORNIA, RATIFYING PROCLAMATION NO. 2023-01 OF
THE CITY MANAGER ACTING IN HIS ROLE AS THE DIRECTOR OF
CIVIL DEFENSE AND DISASTER DECLARING AN EMERGENCY DUE
TO THE JANUARY 27, 2022, WINTER STORM
THE CITY COUNCIL OF NEVADA CITY DOES HEREBY RESOLVE AS FOLLOWS:
WHEREAS, the City Manager, acting in his role as the Director of Civil Defense and Disaster is authorized to declare the existence of an emergency pursuant to Government Code section 8630 and Nevada City Municipal Code section 2.44.050(A)(1) when the City is affected or likely to be affected by a public calamity; and
WHEREAS, Government Code Section 8550 et seq., including Section 8558(c), and 8630 authorize the City Manager to proclaim a local emergency when the City is threatened by conditions of disaster or extreme peril to the safety of persons and property within the City that are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and WHEREAS, the City of Nevada City on December 27, 2022, and continuing through at least January 11, 2023, was inundated by winter storms that created high winds and excessive amounts of rain in an area that generally does not receive such a volume of snow and rain in such a small period of time; and
WHEREAS, the impacts of the storms resulted in a large number of fallen trees and limbs blocking city streets and sidewalks creating safety hazards and damage throughout the city; and WHEREAS the City’s water and wastewater treatment facilities operated on generator power and experienced an inundation of debris and rocks causing operations impacts and damage to infrastructure; and
WHEREAS, portions of the city experienced loss of power, loss of phone, and loss of internet due to Pacific Gas & Electric (PG&E) lines being torn down by the fallen trees and limbs as well as many utility poles being downed; and
WHEREAS, the conditions presented by this storm have taxed the city’s small staff to the limit and conditions created by the storm are beyond the control, capacity and resources of the city’s resources, services, equipment and facilities of the city; and
WHEREAS, those same conditions constitute and warrant a proclamation of the existence of a local emergency; and
WHEREAS, on January 4, 2023, California Governor Gavin Newsom issued a Proclamation of a State of Emergency throughout California for the severe winter storms; and
WHEREAS, on January 5, 2023, the City Manager for Nevada City, acting in his capacity as Director of Civil Defense and Disaster, issued Proclamation No. 2023-01 declaring the existence of an emergency. A true and correct copy of this Proclamation is attached hereto and incorporated by reference.
NOW, THEREFORE, IT IS ORDERED by the City Council of the City of Nevada City as follows:
A. The City Manager’s Proclamation of an Emergency No. 2023-01 dated January 5, 2023, and orders contained therein, are hereby ratified.
B. As contemplated in the Emergency Services Act contained in Government Code Section 8550, et seq., including Section 8558(c), and Chapter 2.44 of the Nevada City Municipal Code, a local emergency exists based on the existence of conditions of disaster or of extreme peril to the safety of persons and property caused by the impacts of the December 31, 2022, snowstorm as detailed in the recitals set forth above.
C. The area of the City which is endangered/imperiled is the entire City.
D. City Manager, acting in his capacity as Director of Civil Defense and Disaster, is authorized to perform all duties as outlined in section 2.44.050 of the Nevada City Municipal Code to protect life and property for the duration of the Emergency.
E. During the existence of this emergency, the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law and by ordinances, resolutions, and orders of this City.
F. The following orders shall remain in effect for the duration of this Emergency:
1. The orders and/or recommendations of the Director of Civil Defense and Disaster are deemed mandatory.
2. The Emergency Waiver Provisions in the Memorandums of Understanding (MOU) for Management and Supervisory Employees and Miscellaneous Employees is invoked suspending the provisions of the City’s Personnel Rules and MOUs as they relate to the City’s ability to respond to this emergency.
G. A copy of this resolution and the emergency proclamation shall be forwarded to the Director of California Governor’s Office of Emergency Services requesting that the Director find it acceptable in accordance with State Law; that the Governor of California, pursuant to the Emergency Services Act, issue a proclamation declaring an emergency in the City of Nevada City; that the Governor waive regulations that may hinder response and recovery efforts; that recovery assistance be made available under the California Disaster Assistance Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs.
H. This local emergency shall continue to exist until the City Council proclaims the termination of this local emergency. The City Council shall review the need for continuing the local emergency at least once every sixty (60) days until the City Council terminates the emergency.
PASSED, APPROVED AND ADOPTED this 11th day of January 2023. ______________________________
Doug Fleming, Mayor
ATTEST:
_________________________________
Gabrielle Christakes, Deputy City Clerk
APPROVED AS TO FORM:
_________________________________
Dean J. Pucci, City Attorney
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: April 12, 2023 Agenda Item No. 09
Subject: Consideration of Resolution No. 2023-14: A
Resolution of the City Council of the City of Nevada City to Rescind the Stage 3 (Water Shortage Warning) Drought
Declaration and Implement Actions Set Forth for Stage 1 (Normal Water Conditions) in accordance with the March
2015 Drought Action Plan
From: Sean Grayson, City Manager
Bryan McAlister, City Engineer
Date: April 7, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Adopt the resolution.
ISSUE STATEMENT AND DISCUSSION:
The City Council of Nevada City adopted Resolutions 2021-25 and 2022-25 declaring Stage 3 Water Shortage Warning in Nevada City in response to local conditions and the severity of the State’s water shortage and mandatory conservation requirements for all water suppliers during 2021 and 2022. Per the City’s adopted Drought Plan, Stage 3 Water Shortage Warning was the appropriate contingency plan that met both the State Water Board and NID’s regulations with mandatory conservation measures.
After the three driest years on record, recent rain and snowfall have dramatically changed conditions in the City’s local watershed of Deer Creek and in many parts of the state. Department of Water Resources data currently shows the central Sierra snowpack to be 237% of average. This results in a forecasted available water supply which is more than any trigger point for the enactment of the City’s Drought Contingency Plan. As a result, there is enough supply available to be in “normal operations” and resolutions 2021-25 and 2022-25 enacting Stage 3 drought measures are no longer applicable. Staff recommends that City Council rescind the Stage 3 (Water Shortage Warning) Drought Declaration and Implement Actions set forth for Stage 1 (Normal Water Conditions) in accordance with the City’s Drought Action Plan.
On March 24, 2023 Governor Gavin Newsom issued EXECUTIVE ORDER N-5-23 which rolled back some drought emergency provisions that are no longer needed due to current water conditions, while maintaining other measures that support regions and communities still facing water supply challenges, and that continue building up long-term water resilience. In summary, the State order:
• Ends the voluntary 15% water conservation target, while continuing to encourage that Californians make conservation a way of life;
• Ends the requirement that local water agencies implement level 2 of their drought contingency plans;
• Maintains the ban on wasteful water uses, such as watering ornamental grass on commercial properties;
• Preserves all current emergency orders focused on groundwater supply, where the effects of the multi-year drought continue to be devastating;
• Maintains orders focused on specific watersheds that have not benefited as much from recent rains; • Retains a state of emergency for all 58 counties to allow for drought response and recovery efforts to continue.
On February 8, 2023: NID Board of Directors adopted NID-2023-11 which rescinded NID’s drought resolution NID-2022-29 and returned to normal operations. In this resolution, NID also stated that the current and forecasted available water supply is in excess of the needs of current internal customer demands and can be classified as surplus water conditions per California Water Code Section 22259. This declaration is important as the City of Nevada City has a Water Purchase Agreement to purchase raw surplus water during late summer or fall when the City’s natural water source at Little Deer Creek is diminished. The City has been purchasing raw water from NID and its predecessors (various canal companies) on an annual basis since the mid-1800’s.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the strategic initiative of Water: Maintenance of cost efficient, reliable, resilient, and sustainable drinking and irrigation water sources and wastewater treatment capabilities. 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:
Resolution 2023-14
NID 2023-11
State Executive Order N-5-23
RESOLUTION NO. 2023-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA
CITY, CALIFORNIA, RESCINDING RESOLUTION 2022-25 (ENACTING DROUGHT STAGE 3 WATER SHORTAGE WARNING) AND
IMPLEMENT ACTIONS SET FORTH IN THE DROUGHT ACTION
PLAN FOR STAGE 1 (NORMAL WATER CONDITIONS)
THE CITY COUNCIL OF NEVADA CITY DOES HEREBY RESOLVE AS FOLLOWS:
WHEREAS, the City of Nevada City provides water for residential, commercial, industrial, municipal, and fire protection and prevention purposes, as well as other beneficial uses of water; and WHEREAS, careful water management that includes active water conservation measures, particularly in times of drought, is essential to ensure a reliable minimum supply of water to meet current and future water supply needs; and
WHEREAS, in response to the multi-year drought, which began in 2020 and continued through 2022, California Governor Gavin Newsom proclaimed a drought state of emergency for all counties in California, culminating, to date, with his October 19, 2021 proclamation, urging Californians to step up their water conservation efforts; and
WHEREAS, On April 13, 2022, the City Council of Nevada City declared a Stage 3 drought (Water Shortage Warning), with mandatory water conservation measures as described in City of Nevada City’s adopted Drought Plan by Resolution 2022-25; and
WHEREAS, after the three driest years on record, rain and snowfall throughout the winter of 2022/2023 dramatically changed conditions in the City’s local watershed of Deer Creek and in many parts of the state. Department of Water Resources data currently shows the central Sierra snowpack to be 237% of average which results in enough supply available to be in “normal operations”, and WHEREAS, on March 24, 2023 Governor Gavin Newsom issued EXECUTIVE ORDER N-5- 23 which rolled back some drought emergency provisions that are no longer needed due to current water conditions, while maintaining other measures that support regions and communities still facing water supply challenges, and that continue building up long-term water resilience; and NOW, THEREFORE, IT IS ORDERED by the City Council of the City of Nevada City as follows:
A. The City of Nevada City hereby rescind the Stage 3 drought (Water Shortage Warning), with mandatory water conservation measures as described in Resolution 2022-25 and the City of Nevada City’s adopted Drought Plan.
B. The City of Nevada City hereby declares a Stage 1 Contingency Plan (Normal Water Conditions), with voluntary water conservation measures as described in the City of Nevada City’s adopted Drought Plan, implementing actions as follows.
1.) Make full water supply deliveries to customers.
2.) Operate and maintain water system in efficient and economical manner; conduct distribution system water audit, leak detection, and repair; minimize reservoir spills; conduct well maintenance.
3.) Annually review and, if necessary, update current conservation plans and system storage.
4.) Explore options to increase City’s use of recycled wastewater and use of nonpotable water for non-potable uses.
5.) Ensure that municipal water use shall be used for beneficial purposes only; all unnecessary and wasteful uses of water are prohibited.
6.) Ensure that municipal water shall be confined to City property and shall not be allowed to run off to adjoining properties or to the roadside ditch or gutter. Care shall be taken not to water past the point of saturation.
7.) Continue to provide incentives to residential customers to reduce water consumption, and annually evaluate City’s “WaterWise” program for effectiveness.
8.) Encourage voluntary customer water conservation through ongoing quarterly public information and education efforts about need for and benefits of conservation, including specific recommendations for calculating water use and conservation actions.
9.) Respond to customer requests, e.g., leak detection, wasteful water practices.
10.)Maintain usage records to track outcome of water conservation efforts.
PASSED, APPROVED AND ADOPTED this 12th day of April 2023. ______________________________
Doug Fleming, Mayor
ATTEST:
_________________________________
Niel Locke, City Clerk
APPROVED AS TO FORM:
_________________________________
Dean J. Pucci, City Attorney
- 1 -
Staff Report
TO: Board of Directors
FROM: Chip Close, Director of Water Operations
Thor Larsen, Water Resources Superintendent
DATE: February 8, 2023
SUBJECT: Rescind 2022 Drought Contingency Plan Measures and Make a Declaration of Surplus Water for 2023
WATER OPERATIONS
RECOMMENDATION:
Adopt Resolution No. 2023-11 - Rescinding Resolution 2022-29 (Enacting Drought Contingency Plan Stage II Measures) and Make a Declaration of Surplus Water Availability for 2023.
BACKGROUND:
Beginning in the winter of 2019/2020 state wide precipitation numbers have been well below average, peaking in 2020/2021 with precipitation being only 49% of average. The dry conditions led the State into the second extreme drought in the last ten years. The severity of drought led to Governor Newsom’s enactment of a number of Emergency Orders that required implementation of water purveyor’s drought contingency plan (DCP) at a level to achieve savings of up to 20% as compared to 2020. While the District was fortunate to have a more robust water supply than many water purveyors in California, compliance with the Executive Order was accomplished through the adoption of Resolution 2022-29 which enacted portions of the DCP Stage II.
Thankfully, the start of the 2022/2023 winter has provided significant amounts of precipitation and snowpack to greatly improve the District’s current and forecasted water supply portfolio. As of 1/26/2023 the Districts Bowman Lake Reporting Station has received 57.14 inches of precipitation which is 163% of average for this date. The robust storm systems have filled and spilled the District’s lower elevation reservoirs and led to a snowpack that is 184% of average which is anticipated to fill all of the District’s higher elevation reservoirs. Current District reservoir storage is 230,323 AF, which is 120% of average for this time of year. 1 - 2 -
The forecasted April – July runoff from the Department of Water Resources will be forecasted the beginning of February for the Yuba River basin. Current DWR data shows the central Sierra snowpack to be 211% of average. PG&E will be determining the amount of water available to purchase per the Coordinated Operating Agreement, but does not have an estimated amount at this time. Given the early forecast, and the lack of specific PG&E numbers, Staff has performed the water availability analysis with a conservative 50% of yet to come precipitation and runoff.
The accumulation of the information above indicates that the forecasted available water supply for April 1 is 357,000-acre feet which is 122,000-acre feet more that any trigger point for the enactment of the Districts Drought Contingency Plan. As a result, there is enough supply available to be in “normal operations” and resolution 2022-29 enacting Stage II drought measures is no longer applicable. Staff is recommending the Board rescind the resolution as we move toward the 2023 irrigation season.
In addition to allowing for the rescinding of drought contingency plan measures, the robust 2023 water supply forecast is in excess of the needs of current internal District customer demands. This allows for a declaration of surplus water conditions per California Water Code Section 22259. This declaration is important as the District provides water service to roughly 35 outside District customers per an annual contract. In addition, the City of Grass Valley and the City of Nevada City are also outside District customers supplied via long-term surplus water supply agreements. The surplus water declaration allows the District to continue to provide these services and explore assisting other neighboring out of District municipalities with additional supplies via temporary transfer agreements.
BUDGETARY IMPACT:
While it is anticipated that lifting of drought conditions will lead to expanded water sales, the total volume and revenue is unknown at this time.
AC
Attachments: (2)
• Resolution 2023-11
• Resolution 2022-29
2 RESOLUTION NO. 2023-11
OF THE BOARD OF DIRECTORS OF THE NEVADA IRRIGATION DISTRICT RESCINDING RESOLUTION 2022-29 (ENACTING DROUGHT
CONTINGENCY PLAN STAGE II MEASURES) AND
DECLARING SURPLUS WATER CONDITIONS FOR 2023
WHEREAS, Nevada Irrigation District (District) provides water for residential, commercial, industrial, agricultural, municipal, environmental, recreation, hydroelectric generation, and fire protection and prevention purposes, as well as other beneficial uses of water; and
WHEREAS, careful water management that includes active water conservation measures, particularly in times of drought, is essential to ensure a reliable minimum supply of water to meet current and future water supply needs; and WHEREAS, the 2019/2020 water year was the start of a three-year dry cycle with the 2020/2021 water year precipitation being the driest at 49% of average and snowpack runoff efficiency being historically low leading to a critical dry year classification; and
WHEREAS, on March 28, 2022 Governor Newsom signed Executive Order N-7- 22 requiring water suppliers to enact portions of their drought contingency plan to achieve a 20% reduction in water use as compared to 2020, and WHEREAS, on May 14, 2022, the State Water Resources Control Board released draft regulations that, among other requirements, mandated each urban water supplier, including the District, to “implement by June 10, 2022, at a minimum, the demand reduction actions identified in the supplier’s water shortage contingency plan for a shortage level of ten to twenty percent”; and
WHEREAS, the District complied with the conservation mandates by equitably allocating responsibility for conservation across all District customers (treated and irrigation, etc.) and in a way that, to the extent possible, minimized revenue impacts on District operations; through the adoption of Resolution 2022-29, and 3 Resolution No. 2023-11 - Rescinding Resolution 2022-29 Enacting Drought Contingency Plan Stage II Measures and Declaring Surplus Water Conditions For 2023
WHEREAS, the 2022/2023 water year has provided robust precipitation with
57.14” of precipitation to date at the District’s point of measurement, which equates to 163% of average, and snow pack accumulation at 185% of average, eclipsing the normal total expected for the April 1 target; and
WHEREAS, the District’s current water storage is at 230,323-acre feet, which is 120% of average for this date with lower elevation reservoirs full and spilling, and high elevation reservoirs are forecasted to fill and spill once snow runoff begins; and WHEREAS, the forecasted available water supply for April 1, 2023 is 357,000- acre feet, 122,000-acre feet above the threshold for implementation of the Drought Contingency Plan as established in the District’s urban and agricultural water management plans; and
WHEREAS, the current and forecasted available water supply is in excess of the needs of current internal customer demands and can be classified as surplus water conditions per California Water Code Section 22259.
NOW, THEREFORE, BE IT RESOLVED AND PROCLAIMED by the Board of Directors of the Nevada Irrigation District that Resolution # 2022-29 is rescinded, including the District’s water conservation program under Water Code §§ 375 et seq. given that emergency drought conditions no longer exist within the District’s service area, which includes portions of Nevada County, Placer County, and Yuba County.
BE IT FURTHER RESOLVED given the District’s fortunate water supply position and the likely ongoing need for water by neighboring out-of-District municipalities and private water users, the District declares surplus and authorizes local water sales, at the discretion of the General Manager, to traditional surplus water purchasers. The District’s General Manager is authorized and delegated responsibility to establish rules and regulations for such surplus water sales, including eligibility for surplus water, price, terms, limitations on volume and delivery season, and other requirements in the discretion of the General Manager.
BE IT FURTHER RESOLVED, that Nevada Irrigation District, as required by the State of California, will continue to encourage and impose wise water use practices by restricting the following, except where necessary to address immediate health and safety needs:
4 Resolution No. 2023-11 - Rescinding Resolution 2022-29 Enacting Drought Contingency Plan Stage II Measures and Declaring Surplus Water Conditions For 2023
A. The application of irrigation or potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures.
B. The use of a hose that dispenses irrigation or potable water to wash a motor vehicle except where the hose is fitted with a shut off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use.
C. The application of irrigation or potable water to driveways and sidewalks, unless the use is related to health and safety purposes.
D. The use of irrigation or potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system.
E. The application of irrigation or potable water to outdoor landscapes during and within 48 hours after measurable rainfall.
F. The serving of drinking water other than upon request in eating or drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served and/or purchased.
G. Irrigating ornamental turf on public street medians with irrigation or potable water.
H. Irrigating landscapes outside of newly constructed homes and buildings with irrigation or potable water in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development.
BE IT FURTHER RESOLVED this Resolution shall become effective immediately upon adoption by the Board of Directors.
PASSED AND ADOPTED by the Board of Directors of Nevada Irrigation District at a meeting duly called and held within the District on the 8th day of February, 2023, by the following roll call vote:
AYES: Directors:
NOES: Directors:
ABSENT: Directors:
ABSTAINS: Directors:
________________________________
President of the Board of Directors
Attest: __________________________
Secretary to the Board of Directors
5 RESOLUTION NO. 2022-29
OF THE BOARD OF DIRECTORS OF THE NEVADA IRRIGATION DISTRICT
ENACTING DROUGHT CONTINGENCY PLAN ST AGE II MEASURES AND
ENHANCING CONSERVATION MEASURES
WHEREAS, Nevada Irrigation District (District) provides water for residential, commercial, industrial, agricultural, municipal, environmental, recreation, hydroelectric generation, and fire protection and prevention purposes, as well as other beneficial uses of water; and
WHEREAS, article X, section 2 of the California Constitution declares that waters of the State are to be put to beneficial use, that waste, unreasonable use, or unreasonable method of use of water be prevented, and that water be conserved for the public welfare; and
WHEREAS, regulation of the time of certain water use, manner of certain water use, method of application of water for certain uses, and installation and use of watersaving devices provide an effective and immediately available means of conserving water; and
WHEREAS, careful water management that includes active water conservation measures, particularly in times of drought, is essential to ensure a reliable minimum supply of water to meet current and future water supply needs; and WHEREAS, the 2019/2020 water year was the start of a multiyear dry cycle with precipitation at 70% of average, combined with earlier than normal precipitation runoff into the District's water storage facilities; and
WHEREAS, drought conditions continued in the 2020/2021 water year with precipitation being 49% or worse as compared to average and snowpack runoff efficiency being historically low, leading to a critical dry year classification; and WHEREAS, on April 21 , 2021 , Governor Gavin Newsom issued a State of Emergency Proclamation, stating that "much of the West is experiencing severe to exceptional drought and California is in a second consecutive year of dry conditions, resulting in drought or near-drought throughout many portions of the State" and "drought 6 Resolution No. 2022-29
Declaration of Drought
conditions vary across the State, and some watersheds are extremely dry and are facing substantial water supply and ecosystem challenge"; and WHEREAS, on April 28, 2021 , the Board of Directors of the District adopted Resolution No. 2021 -11 Declaration of Drought, which imposed increased conservation measures, and requested a 10% voluntary reduction in water use from all District customers; and
WHEREAS, due to worsening drought conditions, including lack of snowpack runoff, the Board of Directors of the District on June 1, 2021 , adopted Resolution No. 2021-21 , escalating drought response and imposing conservation measures to achieve a 20% reduction in water use from all District customers; and WHEREAS, the 2021/2022 water year began with record-breaking precipitation events in October and December, leading to precipitation totals in February above 100% of average, prompting the District's Board of Directors to adopt Resolution 2022- 10, Reducing the Severity of Emergency Response Due to Drought by Adopting Stage I Drought Contingency Plan Requirements; and
WHEREAS, the lack of appreciable precipitation for the months of January through March 2022 set the record for the driest in history for that time period, and enhanced already critical drought conditions throughout California; and WHEREAS, on March 28, 2022, Governor Newsom issued Executive Order N-7- 22 that requires the State Water Resources Control Board to adopt emergency regulations requiring all urban water suppliers implement water shortage contingency plans for a shortage level of up to twenty percent (Stage II); and WHEREAS, on May 14, 2022, the State Water Resources Control Board released draft regulations that, among other requirements, mandate each urban water supplier, including the District, to "implement by June 10, 2022, at a minimum, the demand reduction actions identified in the supplier's water shortage contingency plan ... for a shortage level of ten to twenty percent"; and 7 Resolution No. 2022-29
Declaration of Drought
WHEREAS, as required by Executive Order N-7-22, the State Water Resources Control Board has agendized and is expected to adopt the drought-related emergency regulation for water conservation at its meeting on May 24, 2022; and WHEREAS, the District is unique in that it is both an urban retail water supplier providing treated water for potable consumption and agricultural water supplier providing untreated water for irrigation and other beneficial uses; and WHEREAS, the Executive Order N-7-22 and emergency regulations focus solely on treated water conservation, while the District, given its unique characteristics, can implement conservation measures on both irrigation and treated water customers to achieve the required water conservation targets; and
WHEREAS, both treated and raw water conservation by the District's customers result in increased carryover storage in the District's reservoirs and available for use by District customers in future years; and
WHEREAS, April 2022 storms improved the District's water supplies with storage at 108% of average, May 1 snow survey improving from 55% of average in April to 66% of average in May, and a carryover forecast of 144,000 acre-feet, which when combined results in surplus water conditions for District water service needs; and WHEREAS, given the District's current water supply, in the absence of Governor Newsom's Executive Order N-7-22, the District's urban and agricultural water management plans would not require implementation of any drought stage; and WHEREAS, the District intends to comply with Executive Order N-7-22 and the emergency regulations through a modified implementation of Stage II of the Drought Contingency Plan (last adopted on June 30, 2021 , under the Urban Water Management Plan) that applies to both treated and raw/irrigation water District customers, and WHEREAS, state-mandated conservation regulations, when not necessitated at the local level, have in prior years negatively impacted the District's operation of powerhouses that generate hydroelectric power and recreational facilities resulting in a decline in usage and resultant revenues; and
8 Resolution No. 2022-29
Declaration of Drought
WHEREAS, the District seeks to comply with the conservation mandates in a way that equitably allocates responsibility for conservation across all District customers (treated and irrigation, etc.) and in a way that minimizes revenue impacts on District operations; and
WHEREAS, water conserved by the District's customers in 2022 will be carried over in storage for the beneficial use of the District's customers, including possible public health and safety uses of District customers in future years; and WHEREAS, the District's enabling legislation (Division 11 of the California Water Code), the District's rules and regulations, and other applicable laws, including California Water Code sections 375 through 378 empower the District to adopt and enforce a water conservation program and to adopt and impose regulations and restrictions on water delivery to conserve water supply after holding a public hearing and making appropriate findings of necessity for the program; and WHEREAS, to ensure compliance with Executive Order N-7-22 and the State Water Resources Control Board's emergency drought regulations, it is necessary to impose enhanced water conservation measures and water use restrictions on the District's customers (treated and irrigation) and all other recipients of District water, including surplus water purchasers Nevada City and the City of Grass Valley; and NOW, THEREFORE, BE IT RESOLVED AND PROCLAIMED by the Board of Directors of the Nevada Irrigation District that the above recitals are true and correct and are incorporated by this reference as findings.
BE IT FURTHER RESOLVED that under authority of applicable law, including California Water Code sections 375 through 378, Nevada Irrigation District hereby adopts this Resolution in order to implement demand reduction actions to achieve a 10% to 20% reduction in total District water use, resulting in a projected increase in carryover storage of approximately 10,000 acre-feet.
BE IT FURTHER RESOLVED that the District's carryover storage target for the upcoming 2022/2023 water year shall be at least 120,000 acre-feet total District storage at the end of October 2022.
9 Resolution No. 2022-29
Declaration of Drought
BE IT FURTHER RESOLVED given the District's fortunate water supply position in the midst of statewide critical drought conditions, and the critical need for water from neighboring out-of-District municipalities and private water users, the District declares a surplus and authorizes local water sales, at the discretion of the General Manager, to traditional surplus water purchasers. The District's General Manager is authorized and delegated responsibility to establish rules and regulations for such surplus water sales, including eligibility for surplus water, price, terms, limitations on volume and delivery season, and other requirements in the discretion of the General Manager.
BE IT FURTHER RESOLVED, that Nevada Irrigation District imposes wise water use practices by restricting the following, except where necessary, to address immediate health and safety needs:
A. The application of irrigation or potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures.
B. The use of a hose that dispenses irrigation or potable water to wash a motor vehicle except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use.
C. The application of irrigation or potable water to driveways and sidewalks, unless the use is related to health and safety purposes.
D. The use of irrigation or potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system.
E. The application of irrigation or potable water to outdoor landscapes during and within 48 hours after measurable rainfall.
F. The serving of drinking water other than upon request in eating or drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served and/or purchased.
G. Irrigating ornamental turf on public street medians with irrigation or potable water.
H. Irrigating landscapes outside of newly constructed homes and buildings with irrigation or potable water in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development.
BE IT FURTHER RESOLVED that the District's treated water customers shall be subject to the following measures as determined by the District and established in the District's Drought Contingency Plan Stage II:
10 Resolution No. 2022-29
Declaration of Drought
A. All District treated water customers will be required to reduce water use by 20% compared to 2013 usage.
B. Outdoor irrigation shall be limited to the following:
a. Watering shall be limited to three days per week;
i. Odd address number can irrigate outdoors on Tuesday, Thursday, and Saturday
ii. Even address number can irrigate outdoors on Wednesday, Friday, and Sunday
b. Outdoor watering shall be limited to early morning (before 1 O AM) and late evening (after 6 PM); and
C. Under no circumstance shall customers irrigate in a manner that creates runoff.
D. Consistent with the State Water Resources Control Board's emergency drought regulation, the District will notify all commercial, industrial, and institutional water users that the use of potable water is prohibited for the irrigation of non-functional turf except as required for trees and other perennial non-turf plantings BE IT FURTHER RESOLVED that the District's irrigation water customers shall be subject to the following measures as determined by the District and established in the District's Drought Contingency Plan Stage II:
A. All District irrigation water customers are strongly encouraged to implement irrigation efficiency practices.
a. Flood irrigation is strongly discouraged
b. Under no circumstance shall customers irrigate in a manner that creates runoff
B. Outdoor irrigation of ornamental landscape and turf shall be limited to the following:
a. Watering shall be limited to three days per week;
i. Odd address number can irrigate outdoors on Tuesday, Thursday, and Saturday
ii. Even address number can irrigate outdoors on Wednesday, Friday, and Sunday
b. Water shall be limited to early morning (before 10 AM) and late evening (after 6 PM)
C. Customers who request a reduction, or who voluntarily forego water delivery 11 Resolution No. 2022-29
Declaration of Drought
during the 2021 & 2022 irrigation season, will not lose their priority of service once the drought conservation measures have been lifted by the Board of Directors, or if hardship is experienced and original allotment is requested prior to drought being lifted.
D. New or increased irrigation sales will be limited to 1 miners inch until the drought conservation measures have been lifted by the Board of Directors.
E. Fall water sales will not be available until drought emergency has been lifted by the Board of Directors
F. Winter water sales will be limited to existing customers at existing purchase volumes until drought emergency is lifted by the Board of Directors BE IT FURTHER RESOLVED that any violation of this Resolution shall entitle the District to all available legal remedies, including those set forth in the District's enabling legislation, its rules and regulations, and as set forth in Water Code section 377.
BE IT FURTHER RESOLVED that in order to conserve supplies for various beneficial uses statewide, and to preserve the health and safety of the customers of the District, there is hereby declared a condition of drought necessitating the implementation of measures within the District's Drought Contingency Plan. The General Manager is authorized to identify additional operational actions and request additional conservation measures or water use limitations as determined necessary to meet the needs of public health and safety, including the need to adjust to meet or exceed the District's carryover storage target. Additional conservation measures, as imposed, shall be specifically described and communicated to all customers through one or more of the following:
newspaper, public posting, and website and reported to the Board of Directors at the next available board meeting.
BE IT FURTHER RESOLVED that District staff under the direction of the General Manager are authorized and directed to implement water conservation messaging as appropriate and necessary to inform customers of emergency drought conditions, the need to immediately implement the terms of this Resolution, and to communicate other water conservation messaging.
BE IT FURTHER RESOLVED that this Resolution shall be published in compliance with section 376 of the California Water Code.
BE IT FURTHER RESOLVED this Resolution shall become effective immediately upon adoption by the Board of Directors.
12 Resolution No. 2022-29
Declaration of Drought
BE IT FURTHER RESOLVED this Resolution supersedes Resolution No. 2022-10.
PASSED AND ADOPTED by the Board of Directors of Nevada Irrigation District at a meeting duly called and held within the District on the 25th day of May 2022, by the following roll call vote:
AYES: Directors: Heck, J ohansen, Hul l, Bierwagen
NOES: Directors: Peters
ABSENT: Directors: None
ABSTAINS: Directors: None
Attest:
Sec~
13 EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-5-23
WHEREAS on April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions; and WHEREAS the multi-year nature of the current drought, which began three years after the record-setting drought of 2012-2016, continues to have significant, immediate impacts on communities across California with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the March 3, 2023, snow survey conducted by the Department of Water Resources and partner agencies found that most regions of the Sierra Nevada are above average for snow water content, and some regions are nearing record amounts of snow, and snow and rain has fallen across many regions of the state since then, with more precipitation forecasted; and WHEREAS improved conditions have helped rehabilitate surface water supplies, but have not abated the severe drought conditions that remain in some parts of the State, including the Klamath River basin and the Colorado River basin, and many groundwater basins throughout the State remain depleted from overreliance and successive multi-year droughts; and WHEREAS continued action by the State is needed to address ongoing consequences of the drought emergency, including groundwater supply shortages, domestic well failures, and drought-related harm to native fishes in the Klamath River and Clear Lake watersheds; and
WHEREAS the drought emergency has required a dynamic and flexible response from the State, and several provisions in my prior Proclamations and Orders have been terminated or superseded already, specifically Paragraphs 4 and 8 of my State of Emergency Proclamation dated April 21, 202 l, Paragraphs 2, 4, and 7 of my State of Emergency Proclamation dated May 10, 2021, Paragraphs 3, 4, 5, 6, and 10 of my State of Emergency Proclamation dated July 8, 2021, and Paragraph 9 of Executive Order N-7-22; and WHEREAS improved conditions warrant an even more targeted State response to the ongoing drought emergency and certain provisions in my State of Emergency Proclamations dated April 21, 202 l, May 10, 2021, July 8, 2021, and October 19, 2021, and in Executive Orders N-10-21, N-7-22, and N-3-23 provide authority that is no longer needed to mitigate the effects of the drought conditions or direct actions by state agencies, departments, and boards that have already been completed; and
WHEREAS notwithstanding the rescission of certain emergency authorities for emergency drinking water action, state agencies have existing legal authority and funding to continue expedited work to advance the human right to water, and state agencies will continue all ongoing drought resilience planning work, including through coordination with local agencies and tribes; and
WHEREAS next winter's hydrology is uncertain and the most efficient way to preserve the State's improved surface water supplies is for Californians to continue their ongoing efforts to make conservation a way of life; and WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of the drought conditions.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
l . The orders and provisions contained in my State of Emergency Proclamations dated April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, and Executive Orders N-7-22 (March 28, 2022), N-3- 23 (February 13, 2023), and N-4-23 (March l 0, 2023), remain in full force and effect, except as modified by those Proclamations and Orders and herein. State agencies shall continue to implement all directions from those Proclamations and Orders and accelerate implementation where feasible.
2. The following provisions of my State of Emergency Proclamation dated April 21, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 5-7; and
c. Paragraphs 9-14.
3. The following provisions of my State of Emergency Proclamation dated May l 0, 2021, are terminated:
a. Paragraph 1;
b. Paragraph 3;
c. Paragraph 5; and
d. Paragraphs 9-10.
4. The following provisions of my State of Emergency Proclamation dated July 8, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 7-8, except those portions of paragraph 7 withdrawing provisions of prior orders;
c. Paragraphs 11-12.
5. The following provisions of my State of Emergency Proclamation dated October 19, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 4-5;
c. Paragraph 8; and
d. Paragraph 10.
6. The following provisions of Executive Order N-10-21 are terminated:
a. Paragraph 1; and
b. Paragraph 3
7. The following provisions of Executive Order N-7-22 are terminated:
a. Paragraphs 1-3;
b. Paragraph 6; and
c. Paragraphs 14-15.
8. The following provisions of Executive Order N-3-23 are terminated:
a. Paragraph 1; and
b. Paragraph 3, except those portions of the paragraph
withdrawing provisions of prior orders.
9. Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, and Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021, are withdrawn and replaced with the following text:
To ensure critical instream flows for species protection in the Klamath River and Clear Lake watersheds, the State Water Resources Control Board (Water Board) and Department of Fish and Wildlife shall evaluate the minimum instream flows and other actions needed to protect salmon, steelhead, the Clear Lake Hitch, and other native fishes in critical streams systems in these watersheds and work with water users, tribes, and other parties on voluntary measures to implement those actions. To the extent voluntary actions are not sufficient, the Water Board, in coordination with the Department of Fish and Wildlife, shall consider emergency regulations to establish minimum instream flows to mitigate the effects of the drought conditions. For purposes of state agencies carrying out or approving any actions contemplated by this paragraph, Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division are suspended. Nothing in this Paragraph affects or limits the validity of actions already taken in the Klamath and Clear Lake watersheds or ongoing under Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, or Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021 .
IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 24th
day of March 2023.
overnor of California
ATTEST:
SHIRLEY N. WEBER, PH.D.
Secretary of State
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: April 12, 2023 Agenda Item No. 10
Subject: Conduct a Public Hearing in Consideration of
Ordinance 2023-04: An Ordinance of the City Council of the City of Nevada City, State of California, Adding Chapter 8.05 (“Vacant Building and Storefront Nuisances”) to Title 8 (“Health and Safety”) to the City of Nevada City Municipal Code, Relating to Vacant Building and Storefront Nuisances; and Consideration of Resolution 2023-14: A Resolution of the City Council of the City of Nevada City, California
Establishing a Fee Schedule for Vacant Building Registration Processing and Vacant Building Monitoring.
From: Sean Grayson, City Manager
Date: April 3, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: 1) Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for April 26, 2023; and 2) adopt the Resolution establishing vacant building registration and monitoring fees.
ISSUE STATEMENT AND DISCUSSION:
The City has long had vacant storefronts and commercial buildings that can create a blight. Through the City’s Strategic Planning process there was a wide range of input indicating the desire to fill vacant storefronts and to minimize the blight caused by those that remain vacant. Once of the strategic initiatives within the City’s 2022-2027 Strategic Plan is Business: Business, industry, and cannabis support. Goal #1 of that strategic initiative is, “Pursue a vacant storefronts mitigation program”. The Business Strategic Initiative Committee met on January 3, 2023, and reviewed information from other City’s with existing vacant storefronts ordinances. Staff generated a draft ordinance which was reviewed by the committee on March 29, 2023, and public comment was taken. The committee recommended that the ordinance be advanced for consideration of the City Council and that a process to allow fees collected to be applied to future occupant business of vacant storefronts be considered in the council presentation.
The attached ordinance 2023-04 would add Chapter 8.05 to the Municipal Code titled “Vacant Building and Storefront Nuisances”. The ordinance would establish process to stop and reverse blight caused by vacant non-residential properties. It would require Vacant building registration within 30 days after it has become vacant; or within 10 days after notice to do so from the enforcement official; whichever occurs first. As part of the registration the property owner would be required to submit a picture showing how the storefront will be prepared in compliance with the law for appearance purposes. Code enforcement will provide routine inspections of the property and enforce the regulation and the appearance consistent with the submitted picture and standards. An initial and quarterly fee will be assessed for applicable properties.
The property must stay on the registry until it is occupied and in compliance with the ordinance, or it under permitted construction for repair or rehabilitation.
The attached resolution 2023-14 establishes fees of $175 for initial registration and a quarterly fee of $225 for building monitoring. The Business Committee has requested that the City Council consider directing the City Manager to implement a development of a business incentive program that would allow the fees collected in relation to the registration or inspection under this ordinance to be used to waive future fees by a business that occupies the same location. This would address the issues of nuisance, blight, registration, and inspection while also providing an incentive to lease or otherwise occupy vacant properties.
FINANCIAL AND/OR POLICY IMPLICATIONS:
There is no direct financial impact related to action. The business incentive program would be developed and included in the fiscal year 2023/2024 budget.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the strategic initiative of Business: Business, industry, and cannabis support.
The action specifically addresses, in part, goal #1, “Pursue a vacant storefronts mitigation program”.
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 2023-04
Resolution 2023-14
1 ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY, STATE OF CALIFORNIA, ADDING CHAPTER 8.05 (“VACANT BUILDING AND STOREFRONT NUISANCES”) TO TITLE 8 (“HEALTH AND SAFETY”) TO THE
CITY OF NEVADA CITY MUNICIPAL CODE, RELATING TO VACANT BUILDING
AND STOREFRONT NUISANCES
WHEREAS, the City of Nevada City is continuing to experience the economic impacts of the Covid 19 pandemic, in which many nonresidential properties became vacant, vacancies remained unfilled, and vacant properties became blighted;
WHEREAS, the City Council believes, based on experiences of other communities, that blight can be arrested and reversed through a program of registration and proper maintenance by property owners, and monitoring and enforcement by the City; and WHEREAS, the City of Nevada City, California, pursuant to the provisions of the California Environmental Quality Act (“CEQA”) (Cal. Pub. Res. Code §§21000 and following) and State CEQA Guidelines (14 CCR §§15000 and following) has determined that this ordinance is not a project under CEQA pursuant to Title 14, Section 15378 (b)(5) of the California Code of Regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEVADA CITY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and incorporated into this ordinance.
SECTION 2. Chapter 8.05 is hereby added to the Nevada City Municipal Code, to read as follows:
Chapter 8.05 - VACANT BUILDING AND STOREFRONT NUISANCES
8.05.010 - Purpose.
Vacant buildings and storefronts are a major cause and source of blight in nonresidential neighborhoods, especially when the owner of the building fails to actively maintain and manage the building to ensure that it does not become a liability to the neighborhood. Vacant buildings and storefronts (whether or not those buildings and storefront windows are boarded), substandard, or unkempt buildings, and long-term vacancies discourage economic development; retard appreciation of property values; invite criminal activity such as vandalism, squatting and dumping; and are an attractive nuisance to children. Vacant buildings are potential fire hazards and can jeopardize the ability of owners of neighboring property from securing or maintaining affordable fire insurance. It is the responsibility of property ownership to prevent owned property from becoming a burden to the neighborhood and community and a threat to the public health, safety, or welfare. One vacant building which is not actively and well maintained and managed can be the core and cause of spreading blight. It is the purpose and intent of the city council, through the 2 adoption of this chapter, to define the responsibilities of owners of, and to establish registration and monitoring programs for, vacant buildings, storefronts and properties.
8.05.020 - Definitions.
As used in this chapter:
ADMINISTERING OFFICIAL means the City Planner and/or designees authorized to administer and create and implement administrative rules for this chapter.
BUILDING means any physical edifice that is built or installed and is located on and affixed to the land and used for or intended for supporting or sheltering any commercial use or occupancy.
The term “building” shall include any portion thereof. The term “building” does not include residential buildings or structures.
DISPLAY means an exhibit of objects arranged for people to look at. A display may be presented in two or three dimensions and may include artwork, window paintings, or other items that serve to screen a vacant building’s interior from the view of those on public rights-of-way, public places, and private parking lots serving the building.
ENFORCEMENT OFFICIAL means the Police Chief and/or designees authorized to enforce this chapter.
EVIDENCE OF VACANCY means any condition that on its own or combined with other conditions present would lead a reasonable person to believe that the property is vacant. Such conditions may include, but are not limited to, overgrown and/or dead vegetation, utilities turned off, statements by neighbors, passers-by, delivery agents or other officials, lack of response to notices, returned or forwarded mail, unsecured doors, absence of, or condition of, personal belongings on the property, habitation by trespassers, or lack of marketing for purposes of selling or renting property.
PROPERTY OWNER means the owner or owners of record of real property as shown on the latest equalized assessment roll of Nevada County and any person, partnership, co-partnership, association, corporation, beneficiary in a deed of trust, fiduciary, including a trustee or substitute trustee, or any other legal entity having a legal or equitable interest in the subject property as otherwise known to the Enforcement Official by virtue of more recent and reliable information, including any beneficiary that is pursuing foreclosure of a property subject to this section secured by a mortgage, deed of trust or similar instrument or a property that has been acquired by the beneficial interest at a trustee’s sale. The terms “owner” and “property owner” shall be synonymous, except where specified.
VACANT BUILDING means a building that shows evidence of vacancy, including where substantially all lawful business or construction activity or occupancy has ceased, or which is substantially devoid of contents. Property shall be considered vacant if business operations are conducted daily on less than ten (10%) percent of the overall square footage of the building.
Property shall not be considered vacant if the building is the subject of an active, valid building permit for repair or rehabilitation and the owner provides proof to the enforcement official, such as receipts, invoices or executed contracts, that the repair or rehabilitation is proceeding without significant delay.
3 VACANT STOREFRONT BUILDING means a vacant building that includes windows visible from a public right of way or other public place, or from a private parking lot serving the building.
8.05.030 - Compliance Required; authority.
A. Every property owner shall maintain vacant buildings in accordance with this chapter.
B. Every property owner is liable for violation of this chapter regardless of any contract or agreement the owner has with any third party.
C. Except as otherwise provided herein, the administering official shall have the authority to administer and create and implement administrative rules for this chapter.
D. Except as otherwise provided herein, the enforcement official shall have the authority to enforce the provisions of this chapter.
8.05.040 - Public Nuisance and City remedies.
Any vacant building in violation of this chapter shall constitute a public nuisance. The City shall have the right to address violations of this chapter using any admirative or legal proceeding provided in this Code.
8.05.050 - Vacant building registration and removal from registration.
A. The property owner of a vacant building shall register it in accordance with this section:
1. Within 30 days after it has become vacant; or
2. Within 10 days after notice to do so from the enforcement official; whichever occurs first.
B. The property owner shall register vacant buildings by providing information to the administering official in a format approved by Nevada City, including:
1. The address of the vacant building.
2. The assessor parcel number of the real property where the vacant building is located.
3. The name, address, and daytime telephone number of the owner. If a notice of default has been issued, the name, address, and daytime phone number of the beneficiary or trustee on the deed of trust shall be included. In the case of a corporation or out of area beneficiary or trustee or owner, the local property management company or agent responsible for the security, maintenance, and monitoring of the property shall be included.
4 4. The date the building became vacant.
5. For vacant storefront buildings, a picture of each display, as defined in this chapter, that the owner has caused to be placed in each window visible from a public right of way or other public place, or from a private parking lot serving the building.
6. Any other information reasonably needed to aid the administration of this chapter.
C. Any change in the information provided pursuant to this section, including but not limited to a change in ownership, shall be filed with the enforcement official within fifteen days of the change.
D. The property owner may be relieved from the obligation of registration if the owner demonstrates with evidence to the administering official that:
1. The building is occupied; and
2. The building has not been in violation of this Code for at least six consecutive months; or
3. The building is the subject of an active, valid building permit for repair or rehabilitation and the owner provides evidence, such as receipts, invoices or executed contracts, that the repair or rehabilitation is proceeding without significant delay.
8.05.060 - Inspections and monitoring.
A. The owner of a vacant building shall cause it to be inspected at least weekly for compliance with the maintenance standards of this chapter.
B. Upon payment of the monitoring fee provided in this chapter, the enforcement official will monitor the vacant building for compliance with the maintenance standards of this chapter.
8.05.070 - Maintenance standards.
A. Vacant buildings. The owner of a vacant building shall maintain it and the property where it is located in accordance with the following standards, without limitation:
a. Landscaping and plant material alive, growing, and healthy. b. Building exterior well maintained; with finishes, doors, roofing, windows and paint intact and no cracks, peeling, rust or worn areas. c. No exterior trash, debris, personal property, or graffiti. 5 d. The building in continuing compliance with all applicable codes and regulations. e. Criminal activity prevented on the premises and in the building, including but not limited to use and sale of controlled substances, prostitution, criminal street gang activity, vandalism, loitering or trespassing.
B. Vacant storefront buildings. The owner of a vacant storefront building shall comply with all maintenance standards for vacant buildings, and in addition shall maintain a display in each window visible from a public right of way or other public place, or from a private parking lot serving the building. Except insofar as windows are painted or otherwise covered with displayed objects, windows shall be cleaned and maintained so that display objects inside the building are clearly visible.
C. Updated window displays in vacant storefront buildings. For each window visible from a public right of way or other public place, or from a private parking lot serving the building: the owner shall submit pictures to the administering official showing updated window displays no less than every six months while the building remains vacant.
8.05.080 - Processing fees.
The owner of the vacant building shall pay the following fees, in the amount as established by resolution of the City Council, at the following times:
A. Vacant building registration processing fee: at the time of submitting an application for vacant building registration or removal from registration.
B. Vacant building monitoring fee: at the time of submitting a registration for vacant building registration, and quarterly thereafter while the building remains vacant.
SECTION 3. ENVIRONMENTAL DETERMINATION. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City’s environmental procedures, and has been found to be not a project under Section 15378 (b)(5) of the CEQA Guidelines.
SECTION 4. INCONSISTENCIES. Any provision of the Nevada City Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and/or further, is hereby repealed or modified to the extent necessary to affect the provisions of this ordinance.
SECTION 5. SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable.
SECTION 6. EFFECTIVE DATE. This ordinance shall be in full force and effect commencing thirty (30) days after its final adoption and a summary hereof shall be published once within fifteen 6 (15) days in The Union, a newspaper of general circulation printed and published in the County of Nevada and circulated in the City of Nevada City and hereby designated for that purpose by the City Council.
SECTION 7. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the manner and form provided by law in The Union, a newspaper of general circulation printed and published in the City of Nevada City, State of California, which said newspaper is hereby designated for that purpose.
Introduced at a regular meeting of the City Council on the 12th day of April, 2023, by the following roll call vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
Passed and approved at the regular meeting of the City Council on the 26th day of April, 2023, by the following roll call vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
_____________________ __________________________
Niel Locke, City Clerk Doug Fleming, Mayor
APPROVED AS TO FORM:
______________________
Dean J. Pucci, City Attorney
RESOLUTION NO. 2023-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY, CALIFORNIA
ESTABLISHING A FEE SCHEDULE FOR VACANT BUILDING REGISTRATION
PROCESSING AND VACANT BUILDING MONITORING
WHEREAS, the City Council adopted a Fiscal Year 2022-2023 Citywide Master Fee Schedule at their regular meeting on June 22, 2022; and
WHEREAS, the City Council held a first reading on an Ordinance for Vacant Building and Storefront Nuisances, Ordinance 2023-04, to establish regulations the registration and inspection of vacant buildings; and
WHEREAS, the fees set forth below, are in addition to the established 2022-2023 Citywide Master Fee Schedule, to include fees to cover costs associated with vacant building registration and inspection and are reasonable and accurate estimates of the costs to the City of Nevada City for providing these services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nevada City that the following fees are hereby approved, adopted and shall be collected as required by Ordinance 2023-04:
1. The vacant building registration processing fee shall be $175
2. The vacant building monitoring fee shall be $225
PASSED AND ADOPTED at a regular scheduled meeting of the City Council held on this 16th day of April, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Doug Fleming, Mayor
ATTEST:
____________________________
Niel Locke, City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: April 2012, 2023 Agenda Item No. 11
Subject: Consideration of Adoption of Resolution 2023-
13: A Resolution of the City Council of the City of Nevada City, California Approving a Permit for In-Lieu Parking Payments for the Three Forks Bakery and Brewing Co.
Outdoor Dining Area Located at 211 Commercial Street,
Nevada City
From: Amy Wolfson, City Planner
Date: April 6, 2023
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Adopt Resolution 2023-13, for the payment of in-lieu parking fees for the expanded outdoor dining business at 211 Commercial Street.
ISSUE STATEMENT AND DISCUSSION:
At their March 20, 2023 meeting, the planning commission, after holding a duly noticed public hearing, approved a Conditional Use Permit for Three Forks Bakery and Brewing Co, for the conversion of three off-street parking spaces with an outdoor dining area associated with the adjacent restaurant business at 211 Commercial Street, Among the approved entitlements was a Variance from the five off-street parking spaces required to serve the expanded business space, subject to conditions of approval. Planning Condition 4 requires that “prior to building permit issuance or any site plan improvement, the property owner shall adhere to any in-lieu parking payment program required pursuant to Section 17.112.050(A), as determined by Permit Resolution of the City Council of Nevada City. The conditional use permit, site plan, and variance entitlements shall be invalid until compliance with the issued City Council permit.” The Municipal Code provides for developers to request payment of in-lieu parking fees instead of providing off-street parking spaces for uses in the City’s historical district (Chapter 17.112).
However, the “city has the option of determining whether or not there should be: (1) in-lieu parking payments; (2) compliance with minimum city off-street parking requirements; or (3) a combination of both.” (Section 17.112.080). In making a determination regarding whether to permit the payment of in-lieu parking fees the city must consider:
• the shape and size of the property to be improved;
• the proposed use of the property;
• the availability of parking in nearby areas; and
• the number of spaces required for the use under the city’s parking ordinance.
Staff has determined that off-street parking requirements are not feasible in relation to the project as proposed which would require an in-lieu payment of $22,500 for the five parking spots. Staff supports a combination of in-lieu parking payments and additional alternative parking mitigation strategies should the property owner choose to exercise a contract to meet the strategies. Staff has worked closely with the property owner to support a reduced parking demand calculation based on amenity exchanges that provide a public benefit including:
• The property owner will provide one parking space equivalent for an on-premises bike rack to accommodate five (5) bicycle parking spots with an electrical outlet to accommodate electric bicycle parking.
• The property owner will provide one parking space equivalent for motorcycle parking spaces to accommodate three (3) motorcycles bicycle parking spots Based on the public benefit amenities the property owner is willing to provide, the net parking demand is equal to three (3) spaces. Per Resolution 2005-35 the current in-lieu parking fee per space is $4,500 making the total due to the city $13,500. Additionally, Three Forks has $2000 in Business Development and Sustainability Fee Waiver Program credits which would allow them to make the payable amount to the City $11,500 if they chose to use the credits for in-lieu parking fees as allowed under the program. Staff is recommending that a payment contract be prepared allowing the property owner to pay the in-lieu fee in equal monthly installments over a period of one year beginning six months after the issuance of the certificate of occupancy for the project.
Adoption of the resolution authorizes the City Manager to execute a contract with the property owner to enact the approvals.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The in-lieu parking fee of $13,500, minus the $2000 fee credit if used, will be paid to the city and placed in the City’s restricted general fund reserves dedicated to parking.
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 #6, “Support tourism as a funding mechanism for our businesses”
ENVIRONMENTAL CONSIDERATIONS:
None.
ATTACHMENTS:
Resolution No 2023-13: Three Forks Parking In-lieu payment of three spaces 1 RESOLUTION NO. 2023-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY,
CALIFORNIA APPROVING A PERMIT FOR IN-LIEU PARKING PAYMENTS FOR THE THREE FORKS BREWERY AND BAKERY CO. OUTDOOR DINING AREA LOCATED AT 211 COMMERCIAL STREET, NEVADA CITY
WHEREAS, the project, known as the Three Forks Outdoor Dining area, was approved by the Nevada City Planning Commission at a public hearing on March 20, 2023; WHEREAS, the project involves the removal of three parking spaces and improving the space by pouring a new concrete slab that will be flush with the walkway and ADA compliant, and will enclose the area with a metal rail consistent with the existing rail design enclosing the existing patio space for outdoor dining for a total added area of 432 square feet; WHEREAS, Nevada City Municipal Code Chapter 17.112 provides standards for in-lieu parking payments, finding that the downtown area of Nevada City constitutes an area in which hardship exists because of the shape, size and location of the properties within the downtown, that the minimum parking requirements can be met by providing for the payment of money instead of the furnishing of parking spaces that would otherwise be required, and the latest fee adopted for the payment of in-lieu parking is $4,500 per space; WHEREAS, the added parking demand for the expanded business space, pursuant to Zoning Ordinance Section 17.80, is equal to 5 parking spaces:
WHEREAS, the property owner has agreed to enter into a contract with the City to provide amenities of public benefit in order to reduce the parking in-lieu fee to that of three parking spaces;
WHEREAS, Chapter 17.112 further states that the purpose of the in-lieu parking payments is to fund adequate parking facilities by requiring the payment of in-lieu parking fees; NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Nevada City hereby approves the in-lieu parking payment permit for the Three Forks Outdoor Dining Area at 211 Commercial Street for five parking spaces, which may be reduced to three spaces upon entering into a City contract for amenities of public benefit in exchange for the parking space credits, for a total of $22,500 for all five spaces or $13,500 with execution of the contract.
BE IT FURTHER RESOLVED, that the City Manager is authorized to execute a contract with the property owner to reflect the approved parking payments in equal monthly instalments over a period of one year beginning six months after the issuance of the certificate of occupancy for the project with the contract in a form as approved by the City Attorney.
PASSED, APPROVED AND ADOPTED this 22nd day of March 2023. 2 ______________________________
Doug Fleming, Mayor
ATTEST:
_________________________________
Niel Locke, City Clerk
APPROVED AS TO FORM:
_________________________________
Dean J. Pucci, City Attorney
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: April 12, 2023 Agenda Item No. 12
Subject: Consideration to Accept, Receive, and File the Audit, Financial Statements, and Management Report for Year End June 30, 2022
From: Stephen Erlandson, Interim Assistant City Manager Date: April 2, 2023
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Receive a report from the City’s independent audit firm and staff and then accept, receive, and file the audit and related documents.
ISSUE STATEMENT AND DISCUSSION:
In order to meet the guidelines set forth in Statement No. 1 of the Governmental Accounting Standards Board (GASB), following the close of each fiscal year the City’s external auditors conduct an audit of the City’s financial records. The audit is conducted in conformity with the Generally Accepted Auditing Standards (GAAS) which require that the independent auditor firm plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement and examines evidence to support the amounts and disclosures in the financial statements. Once complete, an opinion is issued on the fairness of the presentation of the financial position and the results of operations of the financial statements of the City, in conformity with Generally Accepted Accounting Principles (GAAP) as applicable to local governments.
Due to the challenges of COVID-19 and the transition of City staff, the City’s audit for the fiscal year ended June 30, 2021 was delayed and subsequently presented to the City Council on August 24, 2022. This resulted in the audit for the fiscal year ended June 30, 2022 being delayed until the conclusion of the aforementioned 2021 audit.
The annual audit for the fiscal year ended June 30, 2022 has now been completed by O’Connor and Company, formerly known as R. J. Ricciardi, Inc. Certified Public Accountants. The opinion provided is unmodified, or “clean”, meaning the auditor found that the City’s financial statements are fairly and appropriately presented in accordance with Generally Accepted Accounting Principles (GAAP), and that the financial statements are sound and free from material misstatements.
The auditors have issued a Management Letter to give recommendations for improvement to internal controls and financial processes. The recommendations are on pages 4 and 5 of the Management Report.
There is a recommendation that the City develop written accounting, administrative, and fraud prevention procedures. In addition, it is recommended that all cash receipt reports be signed by the preparer and reviewer.
Staff will introduce the process, provide a brief presentation on significant changes from prior year to current year, and the auditors will provide a presentation on the draft report and letter.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The audit firm was previously engaged with funds for completion of the process budgeted for.
ENVIRONMENTAL CONSIDERATIONS:
None.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
City of Nevada City Audited Financial Statements
The Independent Auditor’s Management Letter
1101 FIFTH AVENUE, SUITE 360
SAN RAFAEL, CA 94901
PH. (415) 457-1215
FAX. (415) 457-6735
www.maocpa.com
1101 FIFTH AVENUE, SUITE 360
SAN RAFAEL, CA 94901
PH. (415) 457-1215
FAX. (415) 457-6735
www.maocpa.com
1101 FIFTH AVENUE, SUITE 360
SAN RAFAEL, CA 94901
PH. (415) 457-1215
FAX. (415) 457-6735
www.maocpa.com
1101 FIFTH AVENUE, SUITE 360
SAN RAFAEL, CA 94901
PH. (415) 457-1215
FAX. (415) 457-6735
www.maocpa.com
PREPARED FOR:
City of Nevada City
Audit Report
June 30, 2022
Independent Auditor’s Report, pg. 2 – Unmodified
Opinion
“In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, businesstype activities, each major fund, and the aggregate remaining fund information of City of Nevada City, as of June 30, 2022, and the respective changes in financial
position and where applicable, cash flows thereof, for the year then ended in accordance with accounting principles generally accepted in the United States of America.”
City of Nevada City
Statement of Net
Position – Page 13
June 30, 2022
City of Nevada City
Statement of Activities – Page 14
June 30, 2022
City of Nevada City
Governmental
Funds Balance
Sheet – Page 15
June 30, 2022
City of Nevada City
Statement of Revenues,
Expenditures and
Changes in Fund
Balances
Governmental Funds –
June 30, 2022
City of Nevada City
Audit Report
June 30, 2022
Management Report:
There was no significant change in accounting
policies.
Accounting estimates were appropriate.
There were 10 audit adjustments.
There were no disagreements with
management.
There were no difficulties encountered during
the audit.
There were 2 current year observations noted
in the Management report.
The 2 prior year observations are in the
process of being resolved.
Questions?
ANNUAL FINANCIAL REPORT
FOR THE YEAR ENDED
JUNE 30, 2022
City Council Meeting
April 12, 2023
ANNUAL FINANCIAL
REPORT SUMMARY
Management’s Discussion and Analysis (MD&A)
Summarizes Financial Performance Highlights
Financial Statements
Government -Wide Statements (Full Accrual Accounting) Fund Financial Statements (Modified Accrual Accounting) 2 GOVERNMENTAL ACTIVITIES –
NET POSITION
TOTAL
ASSETS
5.3%
Or
$1,152,020
3 TOTAL
LIABILITIES
33.3%
Or
$2,085,329
DEFERRED
OUTFLOWS
40.0%
Or
$500,784
DEFERRED
INFLOWS
1,117.5%
Or
$2,172,006
NET
POSITION
9.5%
Or
$1,566,127
GOVERNMENTAL ACTIVITIES –
CHANGES IN NET POSITION
TOTAL
EXPENSES
1.7%
Or
$122,109
4 GENERAL
REVENUES
8.6%
Or
$593,971
PROGRAM
REVENUES
8.5%
Or
$122,419
TOTAL
REVENUES
5.6%
Or
$471,552
CHANGE IN NET
POSITION
28.7%
Or
$349,443
BUSINESS TYPE ACTIVITIES –
NET POSITION
TOTAL
ASSETS
4.6%
Or
$602,189
5 TOTAL
LIABILITIES
12.0%
Or
$523,021
DEFERRED
OUTFLOWS
188.0%
Or
$193,492
DEFERRED
INFLOWS
513.4%
Or
$389,038
NET
POSITION
3.1%
Or
$274,714
BUSINESS TYPE ACTIVITIES –
CHANGES IN NET POSITION
TOTAL
EXPENSES
6.5%
Or
$180,217
6 TOTAL
REVENUES
2.9%
Or
$69,722
NET
POSITION
28.7%
Or
$110,495
RECOMMENDED ACTION
Receive a report from the City’s independent auditor; Receive a report from staff; and
Accept, receive, and file the audit and related documents. 7 CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: April 12, 2023 Agenda Item No. 13
Subject: Consideration of a Planning Commission
Recommendation to Authorize the Drafting of a Dark Sky
Compliant Ordinance.
From: Amy Wolfson, City Planner
Date: March 27 2023
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Provide direction for the City to draft the ordinance.
ISSUE STATEMENT AND DISCUSSION:
At their March 16, 2023 regular meeting, following a request to add this to the agenda as a discussion item, the planning commission directed staff to request that the City Council initiate the drafting of a Dark Sky Ordinance. The following sentiments were expressed by commissioners as reasons to support their request:
• Enhances the well-being of the community
• Preserve dark skies for healthy eco systems
• Light pollution disrupts sleep cycles
• Misconception that brighter is safer and leads to over-illumination, which can actually inhibit visibility
• Preserves an increasingly rare aesthetic of a starry sky Attached are the International Dark Sky Association (IDSA) Community Guidelines, as well as the lighting ordinance as amended for Ridgeway, CO. Ridgeway is a small, incorporated foothill town similar to Nevada City and has achieved International Dark Sky Certification with amendments made to their lighting ordinance in 2020.
At the March 29, 2023 Business Strategic Initiative Committee meeting the committee reviewed a recommendation related to the holiday lighting in the historic downtown. The committee recommended that 1) the item be included in the Darks Skies ordinance development process, and 2) that the City look to conduct surveys beyond business owners on the topic prior to the item being considered by the Planning Commission.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None with 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:
Authorizing the drafting of an Ordinance is not considered a “project” under the California environmental Quality Act (CEQA). Ultimately, the adoption of an ordinance will be subject to CEQA and the appropriate level of environmental review will be determined at that time, if directed to move forward.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
1 International Dark Sky Association Community Program Guidelines 2 Ridgeway, CO Lighting Ordinance
INTERNATIONAL DARK-SKY ASSOCIATION
3223 N First Ave - Tucson Arizona 85719 USA - +1 520-293-3198 - www.darksky.org
TO PRESERVE AND PROTECT THE NIGHTTIME ENVIRONMENT AND OUR HERITAGE OF DARK SKIES THROUGH
ENVIRONMENTALLY RESPONSIBLE OUTDOOR LIGHTING
International Dark Sky Community
Program Guidelines
June 2018
International Dark Sky Community Designation Guidelines 2 TABLE OF CONTENTS
DEFINITION OF AN INTERNATIONAL DARK SKY COMMUNITY ..............................3 GOALS FOR IDSC CREATION ......................................................................................3 DESIGNATION BENEFITS.............................................................................................3 ELIGIBILITY....................................................................................................................4 MINIMUM REQUIREMENTS FOR ALL COMMUNITIES..............................................4 PROVISIONAL STATUS.................................................................................................8 IDSC APPLICATION PROCESS ....................................................................................9 NOMINATION ..............................................................................................................9 STEPS FOR APPLICANT..............................................................................................9 TO BE INCLUDED IN IDSC APPLICATION PACKAGE ...............................................10 IDA REVIEW PROCESS...............................................................................................10 POST-DESIGNATION REVIEW AND MAINTENANCE ...............................................11 REASSESSMENT OF IDSC DESIGNATIONS .............................................................12 REINSTATEMENT FOLLOWING SUSPENSION.........................................................13 REVOCATION ............................................................................................................13 International Dark Sky Community Designation Guidelines 3 DEFINITION OF AN INTERNATIONAL DARK SKY COMMUNITY
An International Dark Sky Community (IDSC) is town, city, municipality or other similar political entity that has shown exceptional dedication to the preservation of the night sky through the implementation and enforcement of quality lighting policies, dark-sky education, and citizen support of the ideal of dark skies.
GOALS FOR IDSC CREATION
● To identify communities with exceptional commitment to and success in pursuing dark sky preservation and restoration, and their promotion of quality outdoor lighting
● To promote improved outdoor nighttime quality of life for residents and visitors ● To support protection of human health, nocturnal habitats, public enjoyment of the night sky and its heritage, and/or areas ideal for professional and amateur astronomy
● To provide local, national, and international recognition for such communities ● To promote the ideals of the International Dark-Sky Association (IDA) by encouraging communities to identify dark skies as a valuable community asset and aspiration
DESIGNATION BENEFITS
Achieving this designation brings recognition of the efforts made by the Community government, residents, and public and private organizations to protect the night sky and the nocturnal environment dependent on it. The IDSC designation enhances awareness of dark-sky matters on the part of Community residents and visitors.
Designation as an IDSC entitles the Community to display the International Dark Sky Community logo in official publications, promotions, signs at entrances or within the Community, and retain the use of this logo by other groups within the Community when identifying the area itself1. IDA will promote and highlight ongoing Community ef- 1 For instance, a Community can identify itself as “Flagstaff, the world’s first IDA Dark Sky Community” or other words to the same effect, or an organization within the Community can state “located in Flagstaff, an IDA Dark Sky Community”.
International Dark Sky Community Designation Guidelines 4 forts to protect night skies, and will maintain pages identifying and describing all IDSCs on its website.
ELIGIBILITY
The Community must have some type of legal organization that is officially recognized by outside groups. This can be in the form of a town, city, municipality, or other legally organized community (such as urban neighborhoods and subdivisions), but need not be an incorporated entity. Unincorporated or otherwise informally organized communities are eligible for IDSC status if their governing jurisdictions enact public policy consistent with the requirements of “Minimum Requirements For All Communities” (below) that are legally binding in at least the territory of the Community.
MINIMUM REQUIREMENTS FOR ALL COMMUNITIES
1) A quality comprehensive lighting policy like the IDA/IES Model Lighting Ordinance2 (MLO) that includes all of the following minimum standards for permanent lighting installations3,4:
A) Full shielding5 of all lighting fixtures over 1000 initial lamp lumens6 B) A limit on the emission of short-wavelength light through one of the following restrictions:
i) The correlated color temperature (CCT) of lamps must not exceed 3000 Kelvins; OR 2 http://www.darksky.org/our-work/public-policy/mlo/
3 More information on developing a lighting policy may be found on the IDA website. 4 Lighting required by law under the authority of any legal jurisdiction higher than that of the Community may be formally exempted from the requirements of this section. 5 “Fully shielded” is defined as a light source screened and its light directed in such a way that none is emitted above the horizontal plane passing through its lowest light-emitting part. 6 “Initial lamp lumens” is defined as the number of lumens of light emitted by a lamp when new and not counting any depreciation of output due to the age of the lamp. This information can be found in manufacturer data sheets.
International Dark Sky Community Designation Guidelines 5 ii) Allowed lighting must not emit more than 25% of its total spectral power at wavelengths < 550 nanometers; OR
iii) The scotopic-to-photopic (S/P) ratio of allowed lighting must not exceed 1.3 C) A restriction on the total amount of unshielded lighting, such as a limit on lumens per net acre or a total site lumen allowance in unshielded fixtures (or equivalent wattages)
D) A policy to address over-lighting, such as lumens per net acre caps (irrespective of shielding state) or maximum illuminance specifications E) Regulations of new installations of publicly-owned outdoor lighting:
i) A provision that clearly indicates where, when, and under what circumstances new publicly owned outdoor lighting, including street lighting, is warranted and will be permitted; AND
ii) A provision that requires that adaptive controls7 and/or curfews8 be employed in all future installations of public outdoor lighting F) Restrictions on the installation and operation of illuminated signs9:
i) Luminance levels for operation between sunset and sunrise shall not exceed 100 nits (100 candelas per square meter) as measured under conditions of a full white display; AND
ii) Sign illumination shall be extinguished completely one (1) hour after sunset, and remain off until one (1) hour before sunrise; AND
7 “Adaptive controls” is defined as devices such as timers, motion-sensors, and light-sensitive switches used to actively regulate the emission of light from light fixtures. 8 “Curfew” is defined as a period of time at night during which lighting must be significantly dimmed in output or extinguished in accordance with an expected decrease in human presence. 9 “Illuminated sign” is defined as any informational or advertising sign that is illuminated by either internal or external means. Descriptive terms are adjusted here accordingly according to the type of illumination.
International Dark Sky Community Designation Guidelines 6 iii) The luminous/illuminated surface area of an individual sign shall not exceed 200 square feet (18.6 square meters)
G) Outdoor recreational and/or athletic field lighting may be exempted from the strict shielding and short-wavelength emission requirements above provided that all of the following conditions are met:
i) Illuminating Engineering Society (IES) lighting guidelines (RP-6) are followed according to the appropriate class of play
ii) Field lighting is provided exclusively for illumination of the surface of play and viewing stands, and not for any other applications
iii) Illuminance levels must be adjustable based on the task (e.g., active play vs. field maintenance)
iv)Off-site impacts of the lighting will be limited to the greatest practical extent possible
v) A strict curfew requirement (e.g., lights must be extinguished by 10pm/2200h or one hour after the end of play, whichever is later) is observed vi)Timers must be installed to prevent lights being left on accidentally overnight by automatically extinguishing them H) Affects an amortization period, applicable to ALL publicly AND privately owned lighting, to end not more than ten (10) years from the effective date of the outdoor lighting policy, after which all non-conforming lighting extant at the time of enactment must be brought into compliance with the policy. 2) Community commitment to dark skies and quality lighting as shown by:
A) City owned lighting conforming with, or committed to conforming with, the lighting policy (if the latter, a detailed plan with a timeline for completion in no more than five (5) years), AND
International Dark Sky Community Designation Guidelines 7 B) Municipal support of dark skies and quality lighting as demonstrated by city publications, flyers, public service announcements, funding of lighting upgrades, etc. 3) Broad support for dark skies from a wide range of community organizations such as chambers of commerce, local electrical utilities, IDA chapters, lighting retailers, homeowners associations, and others.
4) Community commitment to dark skies and education as shown by at least one of the following:
A) Planning and execution of at least two (2) community dark sky awareness events10 per year. This may be organized through a local astronomy club, municipality, school, etc.
B) Inclusion of dark sky awareness documents (IDA brochures or Communitycreated brochures) with other Community informational documents for residents and visitors.
C) Inclusion of dark sky education in Community schools and curriculum. 5) Success in light pollution control as demonstrated by at least one of the following:
A) Examples of a number of construction projects appropriate to the Community population and amount of new construction and renovation activity, built under the lighting policy and demonstrating its effective application B) Alternative evidence of success in light pollution control, to be discussed with the International Dark Sky Places Program Manager for compliance. 6) A sky brightness measurement program must be established and maintained either by the Community or by a public or private entity (e.g., university, research center, IDA chapter, astronomy club, etc.) to follow the evolution of light pollution in the IDSC. Applicants are encouraged, but not required, to submit their measurements 10 Note that astronomy education events such as star parties do NOT qualify as “community dark sky awareness events” unless the presentation explicitly includes a message relating to dark skies and outdoor lighting.
International Dark Sky Community Designation Guidelines 8 to the citizen science projects such as My Sky At Night (myskyatnight.com) and Globe At Night (globeatnight.org).
7) Once established, the Community must erect and maintain appropriate signage indicating the International Dark Sky Community designation along a roadway entrance, along a footpath entrance if no roadway exists, a public gathering place such as a square or common, or at a municipal government center such as a city or town hall. If approved by IDA, language as an alternative to “International Dark Sky Community” may appear on the signage and in Community communications regarding the IDSC status. Once the sign is erected, a photograph documenting it must be taken and sent to IDA along with a description of its location.
PROVISIONAL STATUS
In some cases, a Community interested in the program may lack all of the resources required to achieve a designation outright. If resource unavailability otherwise hinders the progress of a Community’s application, that Community may apply for and be granted Provisional status at the discretion of the IDA Board of Directors. Provisional status recognizes the Community’s ongoing work to become an International Dark Sky Community and is intended as a leverage point to successfully enable actions such as lighting upgrades/retrofits.
Provisional status expires after three (3) years. At any time before the end of this period, a Community may reapply for full status. Material submitted for the removal of Provisional status may be an addendum to the initial application as long as the material includes a current assessment of the goals, outreach efforts, and lighting policy listed in the original application and clearly demonstrates that any program requirements left unmet at receipt of the Provisional status have been satisfied.
To be considered for Provisional status, send a nomination package to IDA that includes all of the following information:
1) Documented intent to create and support an IDA Dark Sky Community 2) An enacted and legally effective outdoor lighting policy, and summary of outreach efforts to date 3) A description of the circumstances that currently prevent the Community from meeting the minimum Dark Sky Community requirements
4) An action plan describing steps the aspiring Community will take to meet all program requirements in the specified Provisional status period International Dark Sky Community Designation Guidelines 9 IDSC APPLICATION PROCESS
NOMINATION
The nomination may be initiated by an IDA qualified nominator11 who has personally reviewed a Community’s outdoor lighting and commitment to night sky preservation.
Nominators are encouraged to correspond with IDA staff and the Community throughout this process. In addition, the application must include evidence, such as in the form of a letter of support, from the Community government (mayor, council, etc.) consenting to the nomination for IDSC status.
STEPS FOR APPLICANT
1. Make initial contact with IDA by phone or email to discuss the process and receive recommendations, followed by continued communications to update IDA staff on progress and receive continued assistance.
2. Designate a formal point of contact (POC) person, such as a project manager, and provide their telephone number, address and email address to IDA staff.
Before and after designation, any changes to this POC, or their information, must be communicated to IDA immediately in order to ensure accurate communication at all times.
3. Obtain a letter of nomination from a qualified IDA member nominator, as well as a supporting letter from elected representatives of the Community, such as the mayor and/or council of a municipality. Solicit additional letters of support from Community organizations, clubs, groups, universities, etc.
4. Upon completion, send the application to IDA staff for review of the document at least one month before the chosen submission deadline date. IDA staff will confirm that the application is complete and ready for submission or return it with suggestions for improvements.
5. Submit the final application packet electronically in PDF and/or Microsoft Word (.doc) format to IDA staff for formal review. Submit in plenty of time for IDA staff 11 An “IDA qualified nominator” is defined here as an individual or organization holding an IDA membership in good standing at the time that the IDSC application is submitted. The Community itself may join IDA as an organizational member and self-nominate.
International Dark Sky Community Designation Guidelines 10 to review and prepare your application to make the bi-monthly deadline that you prefer, as found on the IDA website. Requests to rush applications will NOT be honored; planning ahead is essential if the Community wishes to meet a specific deadline.
TO BE INCLUDED IN IDSC APPLICATION PACKAGE
1. Map of the Community clearly indicating its legal boundaries, and basic factual information about the Community
2. Letter of nomination support by IDA qualified nominator and elected representatives of the Community such as the mayor and/or council
3. The Community’s lighting policy, meeting the minimum requirements as stated in the “Minimum Requirements For All Communities” section
4. Documentation of examples of Community commitment and construction/renovation projects demonstrating effective application of the lighting policy
5. Proposed alternative wording for a IDSC (e.g. Dark Sky Village, Starry Sky City, etc.), if desired, with a justification for the request
IDA REVIEW PROCESS
Six (6) application submission deadlines occur in each calendar year, commencing in January and continuing every other month. Before the Community’s final application is submitted, it is highly recommended that the Community be in regular communication with the International Dark Sky Places Program Manager to perfect the application by the next application deadline.
The International Dark Sky Places Manager will forward applications to the IDA Dark Sky Places Committee (DSPC) for review. DSPC review lags the submission dates by one two-month cycle. The total elapsed time between deadline and final IDSC designation approval is approximately ten (10) weeks.
Endorsement of applications by the DSPC is by a 2/3 supermajority vote; otherwise, the DSPC will return applications with reasons for denial of an endorsement and specific recommendations for improvement. If endorsed, the applicants will be notified and the International Dark Sky Places Program Manager will present the application to the IDA Board of Directors (BOD) for final review and approval. A ten (10)-calendar-day International Dark Sky Community Designation Guidelines 11 waiting period then commences during which the Board of Directors has the right to deny IDSC status should it determine that any problems with the application exist.
If the BOD registers no objection within the ten-calendar-day waiting period, the IDSC designation is considered immediately awarded by IDA. The Community has the right to choose when the designation is made public, but it must organize the announcement to be made at the same time as the IDA public notice unless otherwise agreed by both parties. Along with the announcement notice, IDA will publish the Community’s application on its website; by submitting the application, the Community acknowledges in advance that the application will be made publicly available. If an application is denied final approval by the IDA BOD, a letter will be sent to the applicant outlining elements of the application that need improvement along with specific recommendations for ways to remedy any problems the BOD identifies. Applications may be resubmitted for future consideration after remediation is complete. Resubmitted applications will be considered without prejudice.
IDA realizes that certain circumstances surrounding an IDSC application may cause some potential authors of letters of support (or opposition) to feel uneasy about publicly declaring their opinions about the IDA designation. In the interest of providing the DSPC with as full a picture of Community sentiment about applications as possible, certain letters may be suppressed from online publication if it is felt that making the letters publicly available will subject their authors to retaliation or harassment. A prospective IDSC seeking this protection for letter-writers must make a formal written request.
The International Dark Sky Places Program Manager must approve suppression of publication of any part of an application. Note that suppression of online publication does not prevent either the DSPC or the IDA BOD from reading all submitted letters.
POST-DESIGNATION REVIEW AND MAINTENANCE
The IDSC designation is not awarded in perpetuity. Rather, it is subject to regular review by IDA and possible revocation if the minimum program requirements are not maintained. More details may be found in the “Reassessment of IDSC designation” section below.
To ensure that Communities remain exemplary in their protection and restoration of natural nighttime darkness, IDA will periodically reevaluate each site in the International Dark Sky Places Program. This is done to confirm that the Community continues to meet the minimum requirements and is making adequate progress toward LMP compliance goals outlined in this document.
International Dark Sky Community Designation Guidelines 12 Each designated IDSC must submit to IDA a written report of its activities related to the maintenance of its designation on or before 1 October of each calendar year. The report is a short (typically less than ten-page) synopsis of the Community’s activities and initiatives during the intervening year12. The report should include dates and brief descriptions of any interpretive events, lighting retrofit projects, outreach efforts, etc.
Samples of printed materials and press articles should also be included, if available.
Annual reports should not be burdensome to produce, as they are intended as a compilation of information accumulated throughout the year. Annual reports and supporting documentation must be submitted electronically to the International Dark Sky Places Program Manager in either PDF or Microsoft Word format. If the annual report is not received by IDA in a timely fashion, IDA may suspend the site’s IDSC status until the annual reporting requirement has been met (see the following section). On or about 1 August and 1 September of each year, the International Dark Sky Places Program Manager will remind local contacts at each IDSC of the pending 1 October annual report submission deadline.
A designated IDSC is exempt from the annual reporting requirement in the calendar year in which the IDA designation was awarded. If the designation is received after 1 October of a given calendar year, the IDSC’s first annual report to IDA will be due on 1 October of the following calendar year.
REASSESSMENT OF IDSC DESIGNATIONS
From time to time, IDA receives comments from visitors to Communities that raise concerns about the veracity and timeliness of information provided to IDA by site administrators. IDA may, at its discretion, investigate claims in which it is alleged that IDSCs are not adhering to commitments made to IDA and to the public in their applications to the Program. This section details the IDA procedure for carrying out such investigations, and the rights of IDSCs in such matters.
An allegation of impropriety concerning any of the elements of participation in the Program outlined in this document is subject to IDA investigation and potential remedial action including temporary suspension and/or permanent revocation of the IDSC designation. IDA staff shall perform due diligence in gathering facts concerning such allegations it deems credible, and will prepare a report of its findings for consideration by the DSPC. The DSPC commits to weighing the evidence fairly and impartially, and to 12 Examples of acceptable annual reports are available on the individual IDSC pages on the IDA website.
International Dark Sky Community Designation Guidelines 13 seek to resolve disputes whenever possible through dialog. A Community subject to an investigation shall be notified in a timely manner and solicited for evidence contrary to the specifics of the allegation at hand. The Community will be given an opportunity to correct any deficiencies with regard to the Program guidelines established by the IDA investigation within a reasonable time period to be prescribed by the DSPC.
Failure to achieve consensus through these means risks a DSPC recommendation for suspension or revocation of the IDSC designation. If made, such a recommendation will be forwarded to the IDA Board of Directors for formal ratification before coming into force. The Board’s decision on any disciplinary matters involving an IDSC shall be considered definitive and binding.
Any IDSC so investigated has the right to review the allegations against it and all factual information collected by IDA pertinent to the allegations.
REINSTATEMENT FOLLOWING SUSPENSION
If the DSPC recommends a suspension of a Community’s IDSC designation and the Board ratifies the suspension, the Community administration shall be immediately notified. The status of a suspended IDSC shall be changed to “Provisional” in all IDA communications until the designation is reinstated or revoked; however, the process of obtaining reinstatement of a designation is not the same as that outlined in the “Provisional Status” section of these guidelines.
To obtain reinstatement of a suspended designation, the IDSC must provide evidence to the DSPC’s satisfaction that the specific issues identified by the DSPC as grounds for the suspension have been corrected and that all Program guidelines are once again met. The DSPC will consider the evidence presented by the IDSC and render a judgment to either:
● Accept the reinstatement petition, OR
● Reject the petition and recommend revocation, OR
● Return the petition with further instructions and a defined deadline for a IDSC response.
REVOCATION
A suspension left unresolved after one (1) year from the date of the Board’s assent to the suspension automatically becomes a permanent revocation. Revocation entails removal of the IDSC from IDA’s roll of approved International Dark Sky Places, and from mention on the IDA website and in member and external communications. IDA reserves the right to take legal action against any former IDSC whose designation is duly revoked but continues to use the IDA name/logo in advertising, communications, International Dark Sky Community Designation Guidelines 14 and/or signage.
Ridgway, Colorado, Code of Ordinances Created: 2021-12-15 08:34:36 [EST] (Supp. No. 1)
SECTION 5 Outdoor Lighting Regulations
6-5-1 GENERAL PROVISIONS.
(A) All non-exempt outdoor light fixtures and illuminating devices permanently or temporarily installed outdoors, including, but not limited to, devices to illuminate signs, shall meet the following requirements:
(1) They shall be shielded so no light rays are emitted at angles which will allow the light to pass directly off of the premises appurtenant to the fixture.
(2) They shall be shielded so that no light rays are emitted by the installed fixture at angles below the horizontal plane.
(3) All fixtures designed to illuminate signs or structures shall be mounted above the area of the sign or structure to be illuminated.
(4) Blinking, flashing, rotating or moving lights are prohibited. (5) Correlated color temperature (CCT) is limited to 3,000 kelvin per fixture. (6) The following lumen limits are established to prevent over lighting and are not intended to be achieved. Each site should use the lowest amount of lumens needed for the site to provide safety and functionality.
(a) Single-Family Residential Sites shall be limited to 5,100 lumens. Single Family Residential Sites that include an accessory dwelling unit shall be limited to 6,500 lumens. Each lighting fixture shall be limited to 850 lumens.
(b) Multifamily Residential Sites, Mixed Use Sites and Nonresidential Sites shall be limited to 25,000 lumens per net acre plus 2,000 lumens per unit beyond the first. Each lighting fixture shall be limited to 1,500 lumens.
(7) Lighting for all nonresidential uses shall be extinguished one hour after close of business unless there is a public safety hazard that is best mitigated by the use of lighting. Lighting intended for security purposes shall use Adaptive Controls.
(8) If any of the above are in conflict with the Town building codes adopted pursuant to Municipal Code Section 6-1, the regulations of the adopted building code shall apply. (B) The following are exempt from the provisions of subsection (A). (1) Lights used to illuminate athletic fields of other community special event areas. Such lights shall be turned off one hour after the conclusion of the event and should be designed or placed to minimize light falling beyond the area in use.
(2) Signs which are illuminated by interior light sources, such as neon signs, provided such signs are lit only during the property owner's business hours.
(3) Official traffic control devices and lights owned and operated by or pursuant to proper authority of the United States of America, the state of Colorado or any of their agencies, and such other lights as are specifically required by federal or state law.
(4) Official traffic control lights owned and operated by the Town of Ridgway. (5) Repealed by Ordinance 16-2006.
(6) Lawful vehicle lights.
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(7) Repealed by Ordinance 10-2007.
(8) Holiday lights. Holiday lights should only be in use from November 15 to January 31. (9) Repealed by Ordinance 2-2002.
(10) Artwork that is outdoors and on public property. Such artwork shall receive a permit by the Town of Ridgway prior to installation. Such artwork shall be public and accessible to all people and may be illuminated, pursuant to the following:
(a) Artwork shall not contain lighting that exceeds 500 lumens within the entire structure, nor more than 2,500 degrees kelvin.
(b) All public art that is illuminated shall include a dimmer and timer to aid the compliance with the Dark Skies Association's Outdoor Lighting Requirements, and shall have the ability to be automatically turned off. In any event such lighting shall be automatically turned off by 10:00 p.m. nightly.
(c) No structure may contain lighting that is cast upward or outward, but may be diffused in a way such that the lighting emits a soft glow.
(d) All structures shall be lit internally.
(e) All illuminated public art is subject to review and approval by Town staff for compliance with these regulations.
(C) Public Outdoor Lighting.
(1) New public lighting owned and operated by the Town of Ridgway, including street lights, walkway lights, external building lights, holiday lights and other lights to ensure safety, shall be allowed as recommended by the Town Manager in situations where a public health hazard exists which can only be mitigated by artificial light at night and shall be in compliance with subsection (A). (2) Adaptive controls or curfews shall be employed in all new public outdoor lighting installations. (3) All Town owned lighting shall comply with the requirements of Section 6-5 within five years from the effective date of this Section.
6-5-2 NONCONFORMING LIGHTS.
(A) Lights which were lawfully existing and in use at the time they became nonconforming with the requirements of this Section 6-5 by virtue of the initial adoption of this Section, subsequent amendment to this Section or by annexation into the Town, may continue to be used and operated subject to the limitations of this Section.
(B) The right to operate a lawful nonconforming light shall terminate upon any of the following:
(1) Replacement of the light fixture.
(2) Non-use of the light fixture for a period of six months. (3) Repealed by Ordinance 16-2006.
(4) Damage to the light fixture so that the cost of repair is 50 percent or more of the cost to replace it with a conforming fixture.
(C) The right to exceed the lumen limits established in Subsection 6-5-1 as a lawful nonconforming site shall terminate upon any of the following:
(1) Replacement of 50 percent or more of the light fixtures on the site.
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(2) Damage to the light fixtures so that the cost of repair is 50 percent or more of the cost to replace them with conforming fixtures.
(D) No alteration may be made to lighting on a site which would increase the amount or degree of the nonconformity.
6-5-3 ADMINISTRATION AND ENFORCEMENT.
(A) The provisions of this Section shall be administered by the building official or other authorized Town officer or employee.
(B) It shall be unlawful to violate any provision of this Section. (C) Any continuing violation of this Section is hereby declared to be nuisance, which may be abated by the Town in any lawful manner, or enjoined by a court of competent jurisdiction. (D) No building permit or occupancy permit shall be issued for work which has noncomplying light fixtures. 6-5-4 APPEALS AND VARIANCES.
(A) Any person aggrieved by an interpretation of this Section or decision of the Town made in the administration of this Section, may appeal the interpretation or decision to the Board of Appeals pursuant to the review procedure of Subsection 6-1-5 of the Ridgway Municipal Code upon payment of a $250.00 application fee. (B) (1) Any person may apply for a variance to the Planning Commission from the provisions of this Section upon payment of the $250.00 application fee in accordance with the review procedure of Subsection 7-3-18 of the Ridgway Municipal Code.
(2) The Planning Commission may grant a variance only upon a determination that the following criteria are met:
(a) The variance will be consistent with the public health, safety and welfare. (b) The variance is justified by unreasonable hardship not created by the activities of the applicant or strict compliance is unfeasible.
(c) The variance will be substantially consistent with the purposes of this Section to avoid nuisances to others, preserve the ability to observe the night sky, conserve energy, reduce glare, promote traffic and pedestrian safety, preserve the small-town character of Ridgway and promote the Town's master plan.
(d) The variance will not compromise any dark sky certification, if such certification is in place at the time the variance is requested.
6-5-5 PURPOSE.
To protect the dark sky resource, maintain nighttime visibility, minimize light pollution and glare, promote energy conservation, promote traffic and pedestrian safety, help mitigate wildlife sleep and mitigation related issues, and preserve the small-town character of the Town. 6-5-6 DEFINITIONS.
(A) ADAPTIVE CONTROLS: Devices such as timers, motion-sensors and light-sensitive switches used to actively regulate the emission of light from light fixtures.
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(B) MIXED-USE SITE: An undivided or combination of undivided lots under one or more ownership or lease agreement used for a mixture of commercial, industrial, institutional, and residential uses. (C) MULTIFAMILY RESIDENTIAL SITE: An undivided or combination of undivided lots under one or more ownership or lease arrangements occupied by multiple dwelling units. (D) NONRESIDENTIAL SITE: An undivided or combination of undivided lots under one or more ownership or lease agreement used for commercial, industrial, or institutional uses. (E) SINGLE-FAMILY RESIDENTIAL SITE: An undivided or combination of undivided lots under one ownership occupied by a single-family residential structure and related accessory structures.
April 10, 2023
Re: Outline lighting issue in Historical District
Dear Nevada City Council Business Committee Members:
We are writing in support of the existing Resolution 2014 which ratified the City Council direction given in years before 2014 relative to outline lighting on buildings in the Historical District relative to time limits and extent of outlining of the buildings.
The limitation on holiday lighting to the winter holiday season implements the City’s preeminent Historical District goals through the Nevada City Design Guidelines which note: “The dependence on gaslights as the primary downtown illumination, combined with indirect lighting for business signs, creates a look and feel that separates Nevada City from other communities.” (DG page 31) The Guidelines go on to note that temporary holiday lighting from November 15 to January 15 is, however, permitted including the building outline lighting and Resolution 2014 is cited: “Temporary holiday lighting on buildings is permitted from November 15 to January 15 (City Council Resolution 2014-44) which in part states: “To enhance the architecture of the buildings, outlining of buildings shall be permitted in straight lines. The permitted exterior architectural features of a building to be outlined by lights shall be the roofline edge and any shed roof edges.” (DG page 31) This time limitation maintains the ambiance of our unique gas lighting over most of the year.
Sincerely,
_____________________________________
Daniel R. Ketcham
President Board of Directors
(530) 477-8056
[email protected]
April 10, 2023
Re: Arts Ordinance for Downtown Historical District
Dear City Council Vibrancy Committee:
We are writing to you with comments on the potential discussion of an Arts Ordinance for the Historical District.
We hope you will consider the following:
--The ordinance should be consistent with the Historical Ordinance (17.68) and the Building and Structures Used for Signs Ordinance (17.80.180). --If an Arts Commission is used to review proposed art, it should be a recommending body to the Planning Commission.
--Appropriate time limits for art display and total number displayed at any one time should be developed.
Sincerely,
_____________________________________
Daniel R. Ketcham
President Board of Directors
(530) 477-8056
[email protected]